HomeMy WebLinkAbout2013-06-27 - Board of Directors Meeting Agenda PacketYorba Linda
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AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, June 27, 2013, 8:30 AM
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Gary T. Melton, President
Robert R. Kiley, Vice President
Michael J. Beverage
Ric Collett
Phil Hawkins
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.
7
SPECIAL RECOGNITION
6.1. Introduce Bryan Arnado, Newly Hired Instrumentation Technician
PUBLIC HEARING
7.1. Opening of Hearing by Presiding Officer
Verification of Notice of Hearing Provided by Secretary
• Reports by General Manager, Staff and /or Consultant
• Receipt of Communications Written by the Public
• Comments from the Public Speaking In Favor of and /or Against the Issue
• Questions to Staff and Discussion by the Board
• General Manager's Recommendation
• Continue or Close Public Hearing
• Consideration of Action by the Board
7.2. 2013 Public Health Goals Report
Recommendation: That the Board of Directors accept and file the District's 2013
Public Health Goals Report.
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 June 13, 2013
Recommendation: That the Board of Directors approve the minutes as presented.
8.2. Minutes of the Board of Directors Workshop Meeting held June 20, 2013
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 $727,064.30.
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. BNSF Pipeline License for Lakeview Grade Separation Project
Recommendation: That the Board of Directors authorize approval and execution of
the "Pipeline License" with BNSF Railway Company.
9.2. Memorandum of Understanding (MOU) with County of Orange for Utilization of AlertOC
Recommendation: That the Board of Directors authorize the Acting General
Manager to execute the Memorandum of Understanding Between the County of
Orange and Participants For the Use of the Countywide Mass Notification System.
10. REPORTS, INFORMATION ITEMS, AND COMMENTS
10.1. President's Report
10.2. Directors' Report
• OCWD 80th Anniversary Reception - June 21, 2013 (Collett /Kiley)
10.3. Acting General Manager's Report
10.4. General Counsel's Report
10.5. Future Agenda Items and Staff Tasks
11. COMMITTEE REPORTS
11.1. Executive - Administrative - Organizational Committee
(Melton /Kiley)
• Minutes of meeting held June 25, 2013 at 12:00 p.m. (To be provided at the next
regular Board meeting.)
• Meeting scheduled July 16, 2013 at 4:00 p.m.
11.2. Finance - Accounting Committee
(Hawkins /Melton)
• Meeting scheduled June 28, 2013 at 8:00 a.m.
11.3. Personnel -Risk Management Committee
(Collett /Beverage)
• Minutes of meeting held June 11, 2013 at 4:00 p.m.
Meeting scheduled July 9, 2013 at 4:00 p.m.
11.4. Planning- Engineering- Operations Committee
(Kiley /Hawkins)
• Meeting scheduled July 8, 2013 at 12:00 p.m.
11.5. Public Affairs - Communications - Technology Committee
(Beverage /Collett)
Meeting scheduled July 10, 2013 at 4:00 p.m.
11.6. Organizational and Efficiency Study Ad Hoc Committee
(Beverage /Hawkins)
Meeting held June 18, 2013 at 2:00 p.m.
Meeting scheduled July 17, 2013 at 3:00 p.m.
11.7. YLWD -City of Placentia Joint Agency Committee
(Melton /Hawkins)
Minutes of meeting held June 17, 2013 at 9:30 a.m.
Meeting to be scheduled in Fall 2013.
11.8. YLWD -City of Yorba Linda Joint Agency Committee
(Kiley /Beverage)
• Minutes of meeting held June 19, 2013 at 6:00 p.m. (To be provided at the next regular
Board meeting.)
• Meeting scheduled August 21, 2013 at 6:00 p.m.
11.9. YLWD - MWDOC -OCWD Joint Agency Committee
(Beverage /Melton)
• Meeting scheduled July 23, 2013 at 4:00 p.m.
11.10. Citizens Advisory Committee
(Beverage)
• Minutes of meeting held June 24, 2013 at 8:30 a.m. (To be provided at the next
regular Board meeting.)
• Meeting scheduled July 22, 2013 at 8:30 a.m.
12. INTERGOVERNMENTAL MEETINGS
12.1. YL City Council - June 18, 2013 (Collett)
12.2. MWDOC Board - June 19, 2013 (Melton /Staff)
12.3. OCWD Board - June 19, 2013 (Staff)
12.4. YL Planning Commission - June 26, 2013 (Hawkins)
13. BOARD OF DIRECTORS ACTIVITY CALENDAR
13.1. Meetings from June 28, 2013 - August 31, 2013
14. CLOSED SESSION
The Board may hold a closed session on items related to personnel, labor relations and /or litigation. The public is
excused during these discussions.
14.1. Conference with Legal Counsel — Pending Litigation
Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code
Name of Case: ACWA/JPIA, et al. vs. Insurance Company of the State of Pennsylvania,
et al. (OC Superior Court - Case No. 00486884)
14.2. Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section
54956.9 of the California Government Code
Related to line break at 1301 North Rose Drive, Placentia CA 92870.
Number of Potential Cases: One
14.3. Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section
54956.9 of the California Government Code
Related to written communications from potential plaintiffs threatening litigation.
Number of Potential Cases: One
15. ADJOURNMENT
15.1. A Board of Directors Workshop Meeting to discuss the Draft Budget for FY 2013/14 has
been scheduled Monday, July 1, 2013 at 8:30 a.m. The next Regular Board of Directors
Meeting will be held Thursday, July 11, 2013 at 8:30 a.m.
Items Distributed to the Board Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non - exempt public records that relate to open session agenda items
and are distributed to a majority of the Board less than seventy -two (72) hours prior to the meeting will be available for
public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870,
during regular business hours. When practical, these public records will also be made available on the District's internet
website accessible at http: / /www.ylwd.com /.
Accommodations for the Disabled
Any person may make a request for a disability - related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714 - 701 -3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability - related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
AGENDA REPORT
Meeting Date: June 27, 2013
To: Board of Directors
From: Steve Conklin, Acting General
Manager
Presented By: Steve Conklin, Acting General
Manager
Prepared By: Derek Nguyen, Water Quality
Engineer
Subject: 2013 Public Health Goals Report
SUMMARY:
Budgeted:
Cost Estimate:
Funding Source:
Dept:
Reviewed by Legal:
CEQA Compliance:
ITEM NO. 7.2
Yes
N/A
All Water Funds
Engineering
N/A
N/A
California law mandates that the District prepare a PHG report every three years if any water quality
measurements have exceeded any PHG levels or Maximum Contaminant Level Goals (MCLGs).
The report provides information to the public about the occurrence of constituents in the public
water supply, the health risks associated with the contaminant, and the approximate cost to totally
eliminate any trace contaminant, regardless of how minimal the risk might be. PHG levels and
MCLG levels are not enforceable standards and no action to meet them is required.
STAFF RECOMMENDATION:
That the Board of Directors accept and file the District's 2013 Public Health Goals Report.
DISCUSSION:
California Code of Regulations' Health and Safety Code Section 116470 (b) mandates that the
District, as an agency with more than 10,000 service connections, prepare a Public Health Goals
Report commencing July 1, 1998 and thereafter, every three years if any water quality
measurements exceed any Public Health Goal levels or Maximum Contaminant Level Goal levels.
The law requires the Public Health Goals Report to address substances in the water that are above
Public Health Goals (PHGs) levels established by the California Office of Environmental Health
Hazard Assessment ( OEHHA). For substances where OEHHA has not set a PHG, the United
States Environmental Protection Agency Maximum Contaminant Level Goals (MCLGs) apply. PHGs
and MCLGs are not enforceable standards and no action to meet them is required.
Only five (5) water constituents (total coliform, copper, arsenic, uranium and gross alpha) were
detected that exceeded their PHGs and MCLGs. It should be noted that none of the water
constituents detected exceeded the enforceable drinking water standards.
The law also requires the governing Board to officially accept the Public Health Goals report, notify
the public of its availability for review and hold a public hearing to respond to and /or accept public
comments.
PRIOR RELEVANT BOARD ACTION(S):
On May 23, 2013 the Board of Directors approved the final draft of the 2013 Public Health
Goals Report, authorized staff to notify the public of its availability for review and comment
and scheduled a Public Hearing to respond or accept public comments at a Board meeting
scheduled for June 27, 2013.
On June 24, 2010 the Board of Directors accepted and filed the 2010 Public Health Goals
Report in a public hearing.
ATTACHMENTS:
Description: Type:
2013 Public Health Goals Report FINAL 05232013.pdf 2013 Public Health Goals Report—Final Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
6/27/2013
RK/RC 5 -0
2013 PUBLIC HEALTH GOALS REPORT
®YOrba Linda.
Water Dist
1111 E. MIRALOMA
June 2013
Board of Directors
Gary T. Melton, President
Robert R. Kiley, Vice President
Michael J. Beverage, Director
Phil Hawkins, Director
Ric Collett, Director
Steve Conklin, P.E.
Acting General Manager
Yorba Linda Water District 1 1717. E. Miraloma Ave, Placentia CA 92870 1 Tel 714.701.3000 1 www.ylwd.com
Background
Provisions of the California Health and Safety Code Section 116470 (b) specify that
water utilities with more than 10,000 connections prepare a special report by July 1,
2013 if their water quality measurements have exceeded any Public Health Goals
(PHGs). PHGs are non - enforceable goals established by the Cal -EPA's Office of
Environmental Health Hazard Assessment ( OEHHA). The law also requires that where
OEHHA has not adopted a PHG for a constituent, the water suppliers are to use the
Maximum Contaminant Level Goals (MCLGs) adopted by the USEPA. Only constituents
which have a California primary drinking water standard and for which either a PHG or
MCLG has been set are to be addressed.
There are a few constituents that are routinely detected in water systems at levels
usually well below the drinking water standards for which no PHG nor MCLG has yet
been adopted by OEHHA or USEPA including Total Trihalomethanes. These will be
addressed in a future required report after a PHG has been adopted.
If a constituent was detected in the District's water supply between 2010 and 2012 at a
level exceeding an applicable PHG or MCLG, this report provides the information
required by the law. Included is the numerical health risk associated with the MCL and
the PHG or MCLG, the category or type of risk to health that could be associated with
each constituent, the best treatment technology available that could be used to reduce
the constituent level, and an estimate of the cost to install that treatment if it is
appropriate or feasible.
Public Health Goals and Drinking Water Standards
To help keep drinking water safe, the California Legislature passed the Calderon -Sher
Safe Drinking Water Act of 1996. This law requires the California Department of Public
Health (CDPH) to regularly test drinking water supplies and set drinking water standards
known as the Maximum Contaminant Levels (MCLs). The Act also requires the Office of
Environmental Health Hazard Assessment ( OEHHA) to develop Public Health Goals for
contaminants in California's publicly supplied drinking water. Public water utilities with
more than 10,000 service connections are required to prepare a Public Health Goals
report by July 1, 1998 and every three years thereafter if any water quality
measurements exceed any of the Cal -EPA's Public Health Goals (PHGs) or USEPA's
Maximum Contaminant Level Goals (MCLGs).
2013 Public Health Goals Report 2 July 2013
What is a Public Health Goal?
A PHG is the level of a chemical contaminant in drinking water that does not pose a
significant risk to health. PHGs are not regulatory standards; however, state law requires
CDPH to set drinking water standards for chemical contaminant as close to the
corresponding PHG as is economically and technically feasible.
In some cases, it may not be feasible for CDPH to set the drinking water standard for a
contaminant at the same level as the PHG. The technology to treat the chemicals may
not be available, or the cost of treatment may be very high. CDPH must consider these
factors when developing a drinking water standard. PHGs are non - enforceable goals
established by the California - Environmental Protection Agency's (Cal -EPA) Office of
Environmental Health Hazard Assessment. The law requires that where OEHHA has not
adopted a PHG for a constituent, the water suppliers are to use the MCLGs adopted by
the United States Environmental Protection Agency (USEPA). Only constituents which
have primary drinking water standard and for which either a PHG or MCLG has been set
are to be addressed. Appendix 1 is a list of California's PHGs and Appendix 2 is a list of
the Federal MCLGs. Included in the appendices are the test results for YLWD for the
years 2010 -2012.
If a constituent was detected in the District's water supply from years 2010 to 2012 at a
level exceeding an applicable PHG or MCLG, this report provides the information
required by law. Also included in this report is the numerical public health risk
associated with the PHG and /or MCLG, the category or type of risk to health that could
be associated with constituent, the best treatment technology available that could be
used to reduce the constituent level, and an estimate of the cost to install that
treatment, if appropriate and feasible.
The purpose of the law is to give water system customers access to information on
levels of contaminants even below the enforceable mandatory drinking water standard
known as Maximum Contaminant Levels (MCLs). In addition, the law intends to provide
an idea of the cost to totally eliminate any trace of the contaminant from drinking water
regardless of how minimal the risk might be. The required report is unique to California.
How does OEHHA Establish a Public Health Goal?
The process for establishing a PHG for a chemical contaminant in drinking water is very
rigorous. OEHHA scientists first compile all relevant scientific information available,
which includes studies of the chemical's effect on laboratory animals and studies of
humans, who have been exposed to the chemical. The scientists use data from these
studies to perform a health risk assessment, in which they determine the levels of the
2013 Public Health Goals Report 3 July 2013
contaminant in drinking water that could be associated with various adverse health
effects. In performing the health risk assessment, OEHHA considers the following
factors:
• Certain groups of people, such as pregnant women, young children, the elderly
or persons with pre- existing illnesses, who may be especially susceptible to the
chemical's adverse effects. The PHG must consider health effects on individuals
in these groups.
• Accumulated effects of exposure to the chemical from other sources, such as
food, air and soil; as well as and other forms of drinking water, such as
showering.
• The chemical's potential to interfere with bodily functions in a way that
increases the risk of chronic health problems, such as liver damage.
• Possible synergistic effects from the combined exposure to the chemical in
question with other chemicals, which may further increase health risks.
PHGs Set at Levels That
Protect Human Health
For carcinogens, OEHHA
establishes the PHG at the
"one -in- one - million" risk
level. At that level, not more
than one person in a
population of one million
people drinking 2 liters of
water daily for 70 years
would be expected to
develop cancer as a result of
exposure to that chemical.
For chemicals that cause
health effects other than
cancer, OEHHA sets the PHG
at a level that is not expected
to cause any toxic effects,
including birth defects and
chronic illness.
When calculating a PHG, OEHHA uses all the information it has
compiled to identify the level of the chemical in drinking water
that would not cause significant adverse health effects in
people who drink that water every day for 70 years. OEHHA
assumes that an adult will drink two liters of water per day and
a child will drink one liter per day. OEHHA must also consider
any evidence of immediate and severe health effects when
setting the PHG.
Water Quality Data Considered
All of the water quality data collected by the District in the
years 2010, 2011, and 2012 for purposes of determining
compliance with drinking water standards were considered.
This data was also summarized in the District's latest 2013
Annual Water Quality Report, also known as Consumer
Confidence Report available on the District's website.
Guidelines Followed
The Association of California Water Agencies (ACWA) formed a
workgroup which prepared guidelines for water utilities to use
in preparing these newly required reports. The ACWA
guidelines were used in preparation of this report. No
guidance was available from state regulatory agencies.
2013 Public Health Goals Report 4 July 2013
Best Available Treatment Technologies and Cost Estimates
Both the USEPA and CDPH adopted what are known as Best Available Technologies
(BATs). BATs are the best known methods of reducing contaminant levels to below
MCL. Costs can be estimated for such technologies. However, since many PHGs and all
MCLGs are set much lower than the MCL, it is not always possible or feasible to
determine what treatment is needed to further reduce a constituent downward to or
near the PHG or MCLG, many of which are set at zero. Estimating costs to reduce a
constituent to zero is difficult, if not impossible, to verify by analytical means that the
level has been lowered to zero. Additionally, in some cases, installing treatment to try
and further reduce very low levels of one constituent may have adverse effects on other
aspects of water quality.
Constituents Detected That Exceed a PHG or MCLG
The following is a discussion of the constituents that were detected in the District's
drinking water sources and water distributions system above the PHG, or if no PHG,
above the MCLG.
Total Coliform Bacteria
Total coliform (TC) bacteria are indicator organisms that indicate a potential microbial
water quality problem that requires confirmation follow -up sampling, testing, and
investigation. When the District receives a positive TC result from the contract
laboratory, a repeat sample set is immediately taken for a retest. In addition, the
disinfection procedures are reviewed and the sample collection site and the adjacent
section of the water distribution system are analyzed.
The MCLG for total coliform (TC) bacteria is zero percent (0 %) of samples with
presence of coliform per month. The MCL for TC is not to exceed five percent (5 %)
of positive or coliform- presence samples per month.
During the years 2010, 2011, 2012, combined staff and an independent certified testing
laboratory collected and analyzed from the District's water distribution system an
average of 160 TC samples each month, for a total of 5778 samples over the last three
years.
From these 5778 samples, there were 6 which tested positive for TC. This equates to a 3-
year average monthly percentage of TC positive samples of 0.1 %, which exceeds the
MCLG of zero percent (0 %).
Factors that can produce positive TC test besides degraded water quality include, but are
not limited to, the weather and environmental conditions when samples are taken, and the
human factor associated with the collection methods, handling, and test procedures.
2013 Public Health Goals Report 5 July 2013
Numerical Health Risks
Because total coliform is only a surrogate indicator of the potential presence of
pathogens, it is not possible to state a specific numerical public health risk. While USEPA
normally sets MCLGs "at a level where no known or anticipated adverse effects on
persons would occur ", they indicate that they cannot do so with coliforms.
Category of Risk to Public Health
The California Department of Public Health has determined that the presence of TC
bacteria is a possible health concern. TCs are common in the environment and are
generally not harmful themselves. State of California Health and Safety Code Section
64470(a) states: "The presence of these bacteria in drinking water, however, generally is
a result of a problem with water treatment or the pipes which distribute the water, and
indicates that the water may be contaminated with organisms that can cause disease.
Disease symptoms may include diarrhea, cramps, nausea, and possibly jaundice, and
any associated headaches and fatigue. These symptoms, however are not just
associated with disease causing organisms in drinking water, but may also be caused by
a number of factors other than your drinking water."
Best Available Technology to Remove or Reduce the Presence of Total Coliform
The addition of disinfectants to the drinking water is the best available technology to
eliminate or reduce the presence of TC. The District disinfects with and monitors
chlorine levels at our sources and water system to assure that the water served is
microbiologically safe. The chlorine residual levels are carefully controlled to provide
the best health protection without causing the water to have undesirable taste and odor
or increasing the disinfection by- product level. This careful balance of treatment
processes is essential to continue supplying our customers with safe drinking water. In
addition, the District also has an effective cross - connection program, maintains positive
pipeline pressures, and, conducts a regular flushing program for water distribution
system dead -end mains. The District has already taken necessary steps associated with
best management practices and the best available technology for the prevention and
control of TC in our water distribution system.
Cost to Reduce the Level of Total Coliform to a Level at or below the MCLG
Since we are applying a disinfectant and conducting a thorough effort to eliminate and
prevent the presence of TC, it is not prudent to initiate additional treatment as proper
disinfection and frequent flushing programs have proven to be effective methods in
destroying possible TC contamination, therefore no estimate of cost has been included.
2013 Public Health Goals Report 6 July 2013
Copper
The District's well water and import water sources do not contain copper. Copper found
inside homes is a chemical reaction of the District's water with household plumbing
fixtures containing copper and brass.
There is no Maximum Contaminant Level for copper. United States Environmental
Protection Agency and the California Department of Public Health Notification Level for
copper is 1.3 milligrams per liter. The notification level for copper is measured at the
90th percentile of all samples taken from plumbing fixtures inside the customer's home.
Lead and Copper tests are conducted once every 3 years as required by CDPH.
The California Office of Environmental Health Hazard Assessment has established a
Public Health Goal of 0.17 milligrams per liter. The District's 90th percentile of all
samples taken from inside the customers' houses in 2012 sampling for copper is 0.48
milligrams per liter.
Category of Risk to Public Health
The Office of Environmental Health Hazard Assessment and the Department of Health
Services have determined the following risk for copper:
"Based on human data, the health risk category for copper is acute toxicity.
Acute toxicity is adverse health effects that develop after a short -term exposure
to copper. Short term exposure to high levels of copper can temporarily cause
problems in the gastrointestinal system."
Numerical Health Risks
The Office of Environmental Health Hazard Assessment has determined that, in the case
of copper, there is no numerical public health risk associated with the Public Health
Goal. Numerical public health risks are not calculated for chemicals considered non-
cancer causing.
Best Available Technology
Both the U.S. Environmental Protection Agency and California Department of Public
Health adopt what are known as Best Available Technologies which are the best -known
methods of reducing contaminant levels to the Maximum Contaminant Level. Since
many of the Public Health Goals and Maximum Contaminant Level Goals are set much
lower than the Maximum Contaminant Level, it is not always possible or feasible to
determine what treatment is needed to further reduce a substance to or near the Public
Health Goal or Maximum Contaminant Level Goal.
2013 Public Health Goals Report 7 July 2013
Arsenic
Similar to lead, optimizing corrosion control is the best available technology to reduce
the level of copper in drinking water. This is achieved through effectively adjusting and
maintaining alkalinity, pH, and calcium hardness, and the addition of phosphate or silica -
based corrosion inhibitors, or a combination of all. Optimizing corrosion control also
includes an intensive process of collection and analyses of water quality data to
determine the effectiveness of corrosion control.
Arsenic is a naturally occurring element in the earth's crust and is very widely
distributed in the environment. All humans are exposed to small quantities of arsenic
(inorganic and organic) largely from food and to a lesser degree from drinking water and
air. Some edible seafood may contain higher concentrations of arsenic which is
predominantly in less acutely toxic organic forms.
YLWD's Well No. 15 slightly exceeds the 10 parts per billion (ppb) arsenic primary
drinking water standard, the MCL. Currently, Well No. 15's 3 -year average arsenic level
is approximately 11.90 ppb. Other District wells have an average 1.84 ppb arsenic level.
Whenever in operation, staff blends Well 15 water with other District wells in
compliance with State Health approved blending plan. Blended well water served to our
customer has an arsenic level of about 3.46 ppb, which is well below the current not -to-
exceed level of 10 ppb arsenic MCL.
The California Office of Environmental Health Hazard Assessment has established a
Public Health Goal of 0.004 micrograms per liter or parts per billion (ppb).
Category of Risk to Public Health
The Office of Environmental Health Hazard Assessment has determined arsenic as a
carcinogen.
Numerical Health Risks
The Office of Environmental Health Hazard Assessment has a numerical cancer risk of
1 x 10 -6 for the 0.004 ppb PHG, and 1 in four hundred for the EPA Maximum
Contaminant Level of 10 ppb. Note that, as previously described, cancer risk is stated in
terms of excess cancer per million (or fewer) population. The value of 1 x 10 -6 means 1
excess cancer case per 1,000,000 people. (1 excess case means 1 person will get cancer
than if the population had not been exposed to the chemical.)
Best Available Technology to Remove or Reduce the Concentration of Arsenic and
Approximate Treatment Cost
2013 Public Health Goals Report 8 July 2013
Activated alumina, ion exchange, reverse osmosis, lime softening, coagulation /filtration
are the water treatment technologies available for achieving compliance with the MCL
for arsenic.
It would cost the District approximately $11.7 million dollars in capital cost excluding
annual operation and maintenance costs to reduce the arsenic levels of all its well water
to the PHG level of 0.004 ppb.*
* based on Golden State Water Co., Granular Ferric Oxide Resin, Arsenic removal, 600 gpm, 2
facilities, built in 2006 adjusted for 2013 dollars with estimated 3.5% annual inflation.
Uranium
Naturally occurring uranium is found in groundwater supplies as a result of leaching
from uranium - bearing sandstone, shale, and other rock formations. Uranium may also
be present in surface water, carried through runoff from areas with mining operations.
The Public Health Goal for uranium is 0.43 pico- Curies per liter (pCi /L), and the
Maximum Contaminant Level (MCL) is 20 pCi /L. The District's average uranium level is
7.90 pCi /L. The levels detected were below MCL at all times.
Category of Risk to Public Health
The Office of Environmental Health Hazard Assessment has determined uranium as a
carcinogen.
Numerical Health Risks
The Office of Environmental Health Hazard Assessment has a numerical cancer risk of
1 x 10 -6 for the 0.43 pCi /L PHG, and a cancer risk of 5 x 10 -5 for the California Department
of Health Maximum Contaminant Level of 20 pCi /L. As previously described, 1 x 10 -6
means 1 excess cancer case per 1,000,000 people; 5 x 10 -5 means 5 excess cancer cases
per 100,000 people. (land 5 excess cases mean 1 and 5 persons respectively will get
cancer than if the population had not been exposed to the chemical.)
Best Available Technology to Remove or Reduce the Concentration of Uranium and
Approximate Treatment Cost
Ion exchange, reverse osmosis, lime softening, coagulation /filtration are the
technologies available for achieving compliance with the MCL for uranium. Using
reverse osmosis, it would cost the District about $48 million dollars in annualized
capital, and operation and maintenance cost to achieve the PHG level * *.
2013 Public Health Goals Report 9 July 2013
** based on CH2M Hill Study, for a 1.0 mgd plant operated at 40% design capacity, October
1991 adjusted for 2013 dollars with estimated 3.5% annual inflation.
Gross Alpha
Radionuclides such as alpha in water supplies are from erosion of natural deposits. The
term radionuclide refers to naturally occurring elemental radium, radon, uranium, and
thorium with unstable atomic nuclei that spontaneously decay producing ionizing
radiation. Gross alpha is defined as the sum total of these radionuclides. Exposure to
ionizing radiation in concentrations exceeding the maximum contaminant level may
have carcinogenic (cancer causing), mutagenic (causing mutation of cells) or teratogenic
(causing abnormalities in offspring) effects.
The EPA's Maximum Contaminant Level Goal (MCLG) for gross alpha particle is 0 and
the California Maximum Contaminant Level (MCL) is 15 pCi /L. The District's average
level of gross alpha is 8.44 pCi /L. The levels detected were below MCL at all times.
Category of Risk to Public Health
Health risk category based on experimental animal testing data evaluated in the U.S.
EPA MCLG document and California MCL has determined gross alpha particle as a
carcinogen.
Numerical Health Risks
The USEPA's MCLG for Gross Alpha is zero (0) and a cancer risk of 1 x 10 -3 for the
California Department of Public Health Maximum Contaminant Level of 15 pCi /L.
NOTE: Cancer Risk is defined as the theoretical 70 -year lifetime excess cancer risk at a statistical
confidence limit. Actual cancer risk may be lower or zero. Cancer risk is stated in terms of
excess cancer per million (or fewer) population. The value of 1 x 10 -3 means 1 excess cancer case
per 1,000 people. (1 excess case means 1 more person will get cancer than if the population had
not been exposed to the chemical.)
Best Available Technology to Remove or Reduce the Concentration of Gross Alpha
Particles and Approximate Treatment Cost
Similar to uranium, reverse osmosis, lime softening, and coagulation /filtration are the
water treatment technologies available for achieving compliance with the MCLG for
gross alpha. Removal and reduction could be achieved concurrently with uranium.
2013 Public Health Goals Report 10 July 2013
Conclusion:
Drinking water provided by the Yorba Linda Water District meets 100% of all enforceable
State of California, Department of Public Health, and United States Environmental
Protection Agency primary drinking water standards.
The District also meets 96% of all the California Public Health Goals and 91% of the
Federal Maximum Contaminant Level Goals. Public Health Goal levels are not
enforceable water quality standards, and no action to meet them is mandated.
For total coliform bacteria, the staff does not recommend further action. The District
has already taken all steps associated with the best available technology and multi -
barrier approach for control and occurrence prevention of total coliform bacteria
including an effective cross - connection program, maintenance and monitoring of proper
disinfectant levels, regular water quality monitoring of wells and reservoirs, source water
protection, and maintenance of positive pipeline pressures throughout the distribution
system.
For copper, the District already has optimized
Yorba Linda Water District
corrosion control, and the District's water has been
meets 100% of all
found to be non - corrosive. Staff does not recommend
enforceable drinking water
undertaking additional corrosion control efforts. It is
standards from the
not recommended for two reasons: 1) the United
California Department of
States Environmental Protection Agency and California
Public Health and the
Department of Public Health classified the District's
United State
system as having optimized corrosion control, and 2)
Environmental Protection
adding chemicals for more corrosion control will cause
Agency.
other water quality problems. These could reduce the
effectiveness of the current disinfection process which could increase the presence of
total coliforms. In addition, contributing factors such as type and age of plumbing and
plumbing fixtures, point -of -use and point -of -entry water treatment devices, and electro-
chemical- induced pipe corrosion could change the water chemistry in customers' taps,
thus increasing water copper content.
For arsenic, the California Department of Public Health approved the District's blending
plan and performance requirements are being met to keep the level of arsenic below the
enforceable standard. Providing additional treatment for 100% removal to meet the
PHG would be cost - prohibitive.
2013 Public Health Goals Report 11 July 2013
For uranium and gross alpha particle, current methods of removal and disposal
technologies do not provide complete reduction to meet the level of the public health
goals at this time. In the future, if available removal technology can be achieved, the
District will explore and conduct the necessary studies and related costs to implement.
In summary, the drinking water served by the Yorba Linda Water District meets all
Federal and State drinking water standards set to protect public health. To further
reduce the levels of constituents identified in this report that are already significantly
below the health -based Maximum Contaminant Levels would require significant financial
investment. The effectiveness of the treatment processes to provide any significant
reduction in constituent levels at already low values is uncertain. The health protection
benefits of these hypothetical reductions are not clear and may not be quantifiable.
Furthermore, the funds that would be required for the additional treatment,
approximately $60 million, might provide greater public health protection benefits to the
District's customers if spent on improving other water system operation, surveillance,
and monitoring programs.
2013 Public Health Goals Report 12 July 2013
APPENDICES
2013 Public Health Goals Report 13 July 2013
Appendix 1
State of California Public Health Goals (PHGs)
Comparison with YLWD Water Quality
(Units are in milligrams per liter (mg /L), unless otherwise noted)
Constituent
Organic
Alachlor
Atrazine
Bentazon
MCL State PHG YLWD Test Imported Water
or MCLG Results Results
Chemicals - 22 CCR § 64444
0.002 0.004 ND ND
0.001 0.00015 i� ND ND
0.018 0.2 ND ND
Benzene
0.001
0.00015
ND
ND
Benzo (a) pyrene
0.0002
0.000007
ND
ND
Carbofuran 0.018
Carbon Tetrachloride 0.0005
Chlordane 0.0001
0.0017
ND
ND
0.0001 ND
0.00003 ND
ND
ND
Chloro- ethylene (Vinyl Chloride)
Cis -1,2- Dichloroethylene
0.0005
0.00005
0.1
ND
ND
0.006
ND
ND
2,4- Dichlorophenoxyacetic acid (2,4 -D)
0.07
0.07
ND
ND
Dalapon
Dibromochloropropane (DBCP)
1,2- Dichlorobenzene (ortho)
0.2
0.0002
0.6
0.79
0.000007
0.6
ND
ND
ND
ND
ND
ND
1,4- Dichlorobenzene (Para)
0.005
0.006
ND
ND
ND
ND
1,1- Dichloroethane (1,1 -DCA)
0.005
0.003
ND
1,2- Dichloroethane (1,2 -DCA)
0.0005
0.0004
ND
1,1- Dichloroethene (1,1 -DCE)
0.006
0.01
ND
ND
2013 Public Health Goals Report 14 July 2013
Constituent
MCL
State PHG
or MCLG
YLWD Test
Results
Imported Water
Results
Dichloromethane
0.005
0.004
ND
ND
1,2- Dichloropropane
0.005
0.0005
ND
ND
1,3- Dichloropropene
0.0005
0.0002
ND
ND
Di (2- ethylhexyl) adipate
0.4
0.2
ND
ND
Di (2- ethylhexyl) pthalate (DEHP)
0.004
0.012
ND
ND
Dinoseb
0.007
0.014
ND
ND
Diquat
0.02
0.015
I ND
ND
Endothall
0.1
0.58
ND
ND
Endrin
0.002
0.0018
ND
ND
Ethylbenzene
0.3
0.3
ND
ND
Ethylbenzene Dibromide (EDB)
0.00005
0.7
0.00001
ND
ND
Glyphosate
1
ND
ND
Heptachlor
0.00001
0.000008
ND
ND
Heptachlor Epoxide
0.00001
0.000006
ND
ND
Hexachlorobenzene
0.001
0.00003
ND
ND
Hexachlorocyclopentadiene
0.05
0.05
ND
ND
Lindane
0.0002
0.000032
ND
ND
Methoxychlor
0.03
0.03
ND
ND
Methyl Tertiary Butyl Ether (MTBE)
0.013
0.013
ND
ND
Monochlorobenzene
0.07
0.2
ND
ND
Oxa myl
Pentachlorophenol (PCP)
0.05
0.05
ND
ND
0.001
0.0004
ND
ND
2013 Public Health Goals Report 15 July 2013
Constituent
MCL
State PHIS
or MCLG
YLWD Test
Results
Imported Water
Results
Picloram
0.5
0.5
ND
ND
Silvex (2,4,5 -TP)
0.05
0.025
ND
ND
Simazine
0.004
0.004
ND
ND
1,1,2,2- Tetrachloroethane
0.001
0.0001
ND
ND
Tetrachloroethylene (PCE)
Thiobencarb
0.005
0.0006
ND
ND
0.07
0.07
ND
ND
Toluene
0.15
0.15
ND
ND
Toxaphene
0.003
0.00003
ND
ND
Trans -1,2- Dichloroethylene
0.01
0.06
ND
ND
1,2,4 - Trichlorobenzene
0.005
0.005
ND
ND
1,1,1 - Trichloroethane (1,1,1 -TCA)
0.2
1.0
ND
ND
1,1,2 - Trichloroethane (1,1,2 -TCA)
0.005
0.0003
ND
ND
Trichloroethylene (TCE)
0.005
0.0008
ND
ND
Trichlorofluoromethane (Freon 11)
0.15
0.7
ND
ND
Trichlorotrifluoroethane (Freon 113)
1.2
4
ND
ND
Xylenes (sum of isomers)
1.75
1.8
ND
ND
Inorganic Chemicals
- 22 CCR § 64431
Aluminum
1
0.60
0.004
ND
Antimony
0.006
0.02
ND
ND
Arsenic
0.01
0.000004
0.0034
.0015
Barium
1
2
ND
ND
Beryllium
0.004
0.0001
ND
ND
2013 Public Health Goals Report 16 July 2013
Constituent
MCL
State PHG
or MCLG
YLWD Test
Results
Imported Water
Results
Cadmium
0.005
0.00004
ND
ND
Copper (customer's tap: 90th percentile)5
1.3
0.17
0.48
ND
Cyanide
0.15
0.15
ND
ND
Fluoride
1.4 to 2.4
1
0.4
0.15
Lead (at- the -tap: 90th percentile)
Mercury
0.015
0.002
0.0012
ND
ND
0.002
ND
ND
Nickel
Nitrate as Nitrate
0.1
0.012
ND
ND
45
I 45
I 14
2
Nitrite as Nitrogen
1
1
ND
ND
Thallium
0.002
0.0001
ND
ND
Radiological Chemicals - 22 CCR § 64441 and 64443
Uranium6
20
0.43
7.90
2.43
Abbreviations:
1. MCL— Maximum Contaminant Level
2. MCLG — Maximum Contaminant Level Goal
3. ND — Not Detected
4. YLWD — Yorba Linda Water District (Groundwater Source)
Notes:
1. PHG — Public Health Goals, established by the California Office of Environmental Health Hazard
Assessment. PHGs are the estimated levels of substances in drinking water that pose no significant health
risks to individuals including the most sensitive sub - populations, consuming 2 liters of water daily over a
period of 70 years.
2. MCLs are enforceable standards established by the California Department of Public Health and the U.S.
Environmental Protection Agency. For lead and copper, Notification Levels are listed.
3. Data shown in grange indicates exceeding PHG levels, but is well below the health -based MCLs.
4. mg /L— milligrams per liter (equivalent to parts per million)
5. 90th percentile — the lead or copper level at the 90th percent of all samples collected and arranged in an
increasing order in accordance with the guidelines established by the Federal and State Lead and Copper
Rule. These samples were collected inside at homeowner's taps.
6. All units pCi /L, Pico Curies per Liter (0.9 pCi = 1 microgram)
2013 Public Health Goals Report 17 July 2013
Appendix 2
Federal Maximum Contaminant Level Goals (MCLGs)
Comparison with YLWD Water Quality
(Units are in milligrams per liter (mg /L), unless otherwise noted
Constituent
MCL
State
PHG or
MCLG
YLWD
Test
Results
Imported
Water
Results
Organic Chemicals
Acrylamide
TT9
0
ND
ND
Bromate
Chlorite
Dioxin (2,3,7,8 - TCDD)
0.01
0
ND
ND
1
0.8
ND
ND
3 x 10_g
0
ND
ND
Epichlorohydrin
TT9
0
ND
ND
Molinate
0.02
NS
ND
ND
Polychlorinated Biphenyls (PCBs)
0.0005
0
ND
ND
Styrene
0.1
0.1
ND
ND
Trihalomethanes, Total (TTHMs)
0.100
NS
0.054
0.054
Inorganic Chemicals
Asbestos, in fibers / liter
7 million
7 million
waived by
CDPH7
Not Required
Chromium (Total)
0.05
withdrawn
ND
ND
Selenium 0.05 0.05 ND ND
Microbiological
Coliform (% positive samples /month) 5% 0.1 %8 0.06%
Cryptosporidium TT9 zero NR ND
2013 Public Health Goals Report 18 July 2013
Constituent
MCL
State
PHG or
MCLG
YLWD
Test
Results
Imported
Water
Results
Giardia Lamblia
TT9
zero
NR
ND
Legionella
TT9
zero
NR
NA
Viruses
TT9
zero
NR
ND
Radiological"
Alpha Activity, Gross
15
010
8.44
3.00
Beta Activity, Gross
50
NS
NR
4.13
Radium 226 & 228, Total
5
010
ND
ND
Strontium 90
8
NS
NR
ND
Tritium
20,000
NS
NR
ND
Abbreviations:
1. MCL — Maximum Contaminant Level
2. MCLG — Maximum Contaminant Level Goal
3. ND — Not Detected
4. YLWD — Yorba Linda Water District (Groundwater Source)
5. CDPH — California Department of Public Health
Notes:
1. MCLGs — Maximum Contaminant Level Goals are estimates of levels of contaminants in drinking water, below which
there are no known or expected health risks. These levels are set by the United States Environmental Protection
Agency
2. Maximum Contaminant Levels are enforceable standards established by the California Department of Public Health
and the U.S. Environmental Protection Agency
3. Data shown in Orange indicates exceeding PHG levels, but is well below the health -based MCLs.
4. mg /L— milligrams per liter (equivalent to parts per million)
5. NS — Not Set
6. NR — Not Required
7. Monitoring is waived by California Department of Public Health, because District water sources are not susceptible to
asbestos contamination.
8. District's highest monthly percentage of coliform positive in the water distribution samples from 2010 -2012
9. TT— Treatment Techniques are the water treatment processes and methods required by the California Department of
Public Health and Environmental Protection Agency under the Surface Water Treatment Rule in lieu of establishing a
Maximum Contaminant Level. The processes and methods are intended to reduce and /or eliminate the contaminants
in drinking water.
10. Effective 12/08/03
11. All units pCi /L, Pico Curies per Liter (0.9 pCi = 1 microgram)
2013 Public Health Goals Report 19 July 2013
AGENDA REPORT
Meeting Date: June 27, 2013
ITEM NO. 8.1
Subject: Minutes of the Board of Directors Regular Meeting held June 13, 2013
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Description: Type:
061313 BOD - Minutes.doc BOD Mtg Minutes 06/13/13 Minutes
Approved by Board of Directors of the
Yorba Linda Water District
6/27/2013
RUPH 5 -0
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, June 13, 2013, 8:30 a.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The June 13, 2013 Regular Meeting of the Yorba Linda Water District Board of
Directors was called to order by President Melton at 8:30 a.m. The meeting was
held in the Board Room at the District's Administration Building located at 1717
East Miraloma Avenue in Placentia, California 92870.
2. PLEDGE OF ALLEGIANCE
President Melton led the pledge.
3. ROLL CALL
DIRECTORS PRESENT
Gary T. Melton, President
Robert R. Kiley, Vice President
Michael J. Beverage
Ric Collett
Phil Hawkins
STAFF PRESENT
Steve Conklin, Acting General Manager
John DeCriscio, Operations Manager
Gina Knight, HR /Risk Manager
Stephen Parker, Finance Manager
Art Vega, Acting IT Manager
Annie Alexander, Executive Secretary
Cindy Botts, Management Analyst
Anthony Manzano, Senior Project Manager
Damon Micalizzi, Public Information Officer
ALSO PRESENT
Gene Hernandez, Councilmember, City of Yorba Linda
Bill Nelson, Director, California Special Districts Association
Art Kidman, Partner, Kidman Law LLP
Andrew Gagen, Partner, Kidman Law LLP
Daniel Mole, Chair, YLWD Citizens Advisory Committee
Daniel Langhorne, Reporter, Orange County Register- North County Bureau
4. ADDITIONS /DELETIONS TO THE AGENDA
Mr. Conklin requested to remove Item No. 7.5. from the Consent Calendar for
separate action and to defer consideration of Item No. 8.4. to the next regular
Board meeting. Director Beverage requested that consideration of Item Nos.
8.1., 8.2. and 8.3. also be deferred as they were directly related to the draft
budget.
Director Kiley expressed his disappointment with the delay in the budget process
as well as responses to budget related questions contained in a staff memo that
was copied to the Board the previous evening.
1
Director Beverage expressed his concern regarding a few questions he had
previously put forward related to salary and benefit numbers contained in the
draft budget and the transfer of unused funds into reserves. He further noted
that there might not be enough time to address these matters prior to the next
regular Board meeting.
President Melton asked if the Board desired to schedule another workshop
meeting to discuss the draft budget and if they did, if it would it be alright if the
final budget wasn't adopted before the end of the current fiscal year. Following
brief discussion, it was the consensus of the Board to schedule a workshop
meeting for this purpose. The specific date and time will be determined shortly.
Mr. Conklin offered his apologies to the Board and explained that staff would like
the opportunity to address the Directors' comments and concerns appropriately.
President Melton recommended that the Finance - Accounting Committee review
the draft budget in additional detail.
Director Beverage suggested that the Board consider returning to a 2 -year
budget cycle versus a 1 -year.
Director Collett asked if it was necessary for the Board to take a vote to remove
the budget related items from the agenda. It was determined that it would not be
necessary.
5. PUBLIC COMMENTS
Mr. Nelson introduced himself and stated that he was currently serving as a
Trustee for the Orange County Cemetery District as well as a Director for the
California Special Districts Association (CSDA). He explained that he would like
to respectfully ask for the Board's support for his reelection as a Region 6
representative on the CSDA Board of Directors. Information regarding his
background and experience was included with the ballots mailed the previous
week. Director Hawkins noted that Director Nelson's opponent for this seat as
well as the individuals currently serving in the other two Region 6 seats were all
from San Diego County. President Melton thanked Director Nelson for his
comments. Mr. Conklin stated that the ballot for this election would be discussed
at the next Executive - Administrative - Organizational Committee meeting.
6. COMMITTEE REPORTS
6.1. Citizens Advisory Committee
(Beverage)
■ Minutes of the meeting held May 20, 2013 at 8:30 a.m. were
provided in the agenda packet. Mr. Mole addressed the Board and
reported that the majority of the meeting was spent discussing the
draft budget. He expressed his concerns related to the budgeted
and forecasted numbers for salary related expenses and stated that
he felt the projected increase in construction costs for capital
improvement projects was too low. He also expressed his
2
continuing concern regarding meeting attendance as only 7
Committee members were present.
President Melton thanked Mr. Mole for his comments and
expressed his appreciation for the time the Committee was taking
to review the draft budget.
Director Kiley requested that the Committee members forward their
budget related questions to Mr. Conklin so they could be addressed
during the remainder of the review process.
■ Next meeting is scheduled to be held June 24, 2013 at 8:30 a.m.
7. CONSENT CALENDAR
Director Beverage made a motion, seconded by Director Collett, to approve the
Consent Calendar (with the exception of Item No. 7.5.). Director Collett
abstained from voting on a payment made to Placentia Disposal as listed on the
Credit Card Summary in 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 May 23, 2013
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 $1,542,058.02.
7.3. Progress Payment No. 2 for the Yorba Linda Blvd Pump Station Project
Recommendation: That the Board of Directors approve Progress
Payment No. 2 in the net amount of $128,380.30 to ECI, Inc. for
construction of the Yorba Linda Blvd. Pump Station Project, Job No. 2008 -
17B.
7.4. Progress Payment No. 4 for the 2012 Waterline Replacement Project,
Phase II
Recommendation: That the Board of Directors approve Progress
Payment No. 4 in the net amount of $296,514.20 to TBU, Inc. for
construction of the 2012 Waterline Replacement Project, Phase ll, Job No.
2011 -20.
3
7.6. Agreement with Yorba Linda Country Club
Recommendation: That the Board of Directors authorize approval and
execution of the "Agreement for Construction of Improvements and
Granting of Easements," between Yorba Linda Country Club and Yorba
Linda Water District.
7.7. First Amendment to OCTA Settlement Agreement
Recommendation: That the Board of Directors approve execution of the
First Amendment to Settlement Agreement and Mutual Release between
OCTA and YLWD for the Lakeview Grade Separation Project.
7.8. Unaudited Financial Statements for the Period Ending March 31, 2013
Recommendation: That the Board of Directors receive and file the
Unaudited Financial Statements for the Period Ending March 31, 2013.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION
7.5. Declaration of Restrictive Covenants with Stanley and Faye Schneider
Mr. Conklin explained that staff just recently became aware that Stanley
Schneider had passed away and the subject property had been deeded to
his son, Robert Schneider. As such, the Declaration would need to be
revised to reflect the name of the new property owner. Execution of this
document has become necessary as Mr. Schneider is planning to replace
an existing fiberglass spa with a concrete spa inside a dedicated sewer
easement. Mr. Kidman stated that he didn't think there was any legal
issue involved with changing the name on the Declaration. Director Kiley
stated that the Planning- Engineering- Operations Committee had reviewed
this matter at its last meeting and recommended Board approval.
Director Kiley made a motion, seconded by Director Hawkins, to authorize
the President and Secretary to execute the Declaration of Restrictive
Covenants with Robert Schneider. Motion carried 5 -0.
8. ACTION CALENDAR
Item Nos. 8.1. through 8.4. were deferred to a future Board meeting.
8.1. Financial Reserves Policy for FY 2013/14
8.2. Appropriations Limit for FY 2013/14
8.3. Proposed Budgeted Positions for Fiscal Year 2013/14
8.4. Proposed Budget for FY 2013/14
19
8.5. Fats, Oils and Grease (FOG) Discharge Permit Fees
Mr. Conklin explained that the Board had passed a resolution in 2008
establishing FOG fees. Since that time, staff has implemented various
efficiencies resulting in a significant reduction in costs to administer the
program. As such, staff is recommending the elimination and reduction of
some fees. The Finance - Accounting Committee considered this matter at
its most recent meeting. President Melton recused himself from voting on
this matter.
Director Collett made a motion, seconded by Director Hawkins, to approve
Resolution No. 13 -11 Adopting Fats, Oils and Grease Fees. Motion
carried 4 -0 on a Roll Call vote.
8.6. MWDOC SmartTimer Agreement for FY 2013/15
Mr. Conklin explained that the District had the option to renew its
agreement for participation in a MWDOC sponsored SmartTimer rebate
program. MWDOC has requested that the Board consider approval of this
agreement prior to the end of the current fiscal year. The draft budget for
FY 2013/14 currently includes a total of $5,000 for participation in various
rebate programs offered by MWDOC. Staff is estimating that no more
than $2,500 will be needed each year based on historical financial data
and is recommending execution of the agreement assuming that the funds
are included in the final approved budget for the next fiscal year. Director
Hawkins asked for clarification that staff was requesting Board approval to
include the funding for this agreement in next year's budget subject to the
approval of next year's budget. Mr. Conklin concurred that this was what
staff was requesting.
Director Kiley made a motion, seconded by Director Collett, to execute the
renewal of MWDOC's SmartTimer Rebate Agreement for FY 2013115.
Motion carried 5 -0.
8.7. Request for Review of ISDOC Bylaw Amendments
Mr. Conklin explained that ISDOC has requested each of its member
agencies to consider proposed amendments to the organization's bylaws.
Changes in state law and other factors have prompted their Executive
Committee to review and recommend revisions to ISDOC's bylaws since
they were last adopted in 2002. This matter was reviewed by the
Executive - Administrative - Organizational Committee who had no
comments and requested staff to present the request to the full Board for
consideration.
Director Collett made a motion, seconded by Director Hawkins, to approve
the proposed amendments to the ISDOC bylaws. Motion carried 5 -0.
��
9. DISCUSSION ITEMS
9.1. CA Department of Water Resources Bay Delta Conservation Plan Video
Presentation
President Melton explained that he had requested that this video be
provided to the Board as he thought that it was very informative. The
video was then viewed by the Board and audience. Following the video
presentation, Director Beverage suggested that it be shown to the Citizens
Advisory Committee.
10. REPORTS, INFORMATION ITEMS, AND COMMENTS
10.1. President's Report
President Melton did not have any comments at this time.
10.2. Directors' Report
Director Collett commented on the low snowpack levels he had observed
during a recent trip to the Oroville /Shasta area.
10.3. Acting General Manager's Report
Mr. Conklin reminded the Board of the two joint agency committee
meetings scheduled the following week, one with the City of Placentia and
the other with the City of Yorba Linda. Both meetings will be held at the
District's offices. He also reminded the Board of the District facilities tour
scheduled the same week. Invitations to attend the tour have been
extended to officials and executive staff at both city agencies. Mr. Conklin
then reported on the status of the OCWD annexation process and stated
that he had attended 4 different meetings during the week at which the
matter was discussed. The Environmental Impact Report is moving
forward, comment letters have been received, and the plan is to submit
responses by the end of July with the document being presented to the
OCWD Board for consideration in August. He noted that all 10 OCWD
Directors were present at the Water Issues Committee meeting held the
previous day and that it seemed that they would like to see the producers
come to an agreement in regards to this issue. Director Collett suggested
that it might be helpful to have District officials meet with other agency
officials to discuss YLWD's reasons for seeking annexation.
Mr. Conklin then asked Mr. DeCriscio to brief the Board regarding a few
repair projects being handled by the Operations department. Mr.
DeCriscio explained that the District's hydro- excavator was in need of
some significant emergency repairs at a cost of approximately $36K. In
accordance with the District's purchasing policy, staff would like to notify
the Board that monies will be transferred from the water emergency
reserve fund in order to cover the cost. The equipment should be back in
service in about 3 weeks. Mr. DeCriscio further stated that in early June,
a resident had reported a water leak in the street on Alder Avenue. Staff
pressure tested the line and is currently working on identifying the location
of the leak. Mr. DeCriscio then responded to questions from the Board
3
regarding the size of the leak and the methods staff was utilizing to try and
locate the leak.
Mr. Conklin continued his report and stated that the pipeline work on
Richfield Road was about finished, work will begin on Hidden Hills Road
next week and work on the new pump station on Yorba Linda Blvd is
ahead of schedule. Several meetings and interviews related to the
Organizational & Efficiency Study were conducted the previous week.
Staff is involved with completing position description questionnaires which
will be provided to the consultant at the end of the month. Koff &
Associates will be back to conduct additional meetings on July 17 -18,
2013. The new meter installation at the Placentia - Yorba Linda Hospital
will be completed shortly. The District's legal counsel has been working
with the hospital's legal counsel in regards to this matter.
10.4. General Counsel's Report
Mr. Kidman provided additional comments on the OCWD annexation
issue, the history of the City of Newport Beach's detachment and re-
annexation to OCWD, and the concerns surrounding the IRWD
annexation. He then stated that a Closed Session would be needed and
that Mr. Gagen was in attendance to provide a report to the Board
regarding pending litigation.
10.5. Future Agenda Items and Staff Tasks
None.
11. COMMITTEE REPORTS CONTINUED
11.1. Executive - Administrative - Organizational Committee
(Melton /Kiley)
■ Minutes of the meeting held May 21, 2013 at 4:00 p.m. were
provided in the agenda packet.
■ Next meeting is scheduled to be held June 25, 2013 at 12:00 p.m.
11.2. Finance - Accounting Committee
(Hawkins /Melton)
■ Minutes of the meeting held May 31, 2013 at 8:30 a.m. were
provided in the agenda packet.
■ Next meeting is scheduled to be held June 28, 2013 at 8:00 a.m.
11.3. Personnel -Risk Management Committee
(Collett /Beverage)
■ Minutes of the meeting held May 14, 2013 at 8:30 a.m. were
provided in the agenda packet.
7
■ Minutes of the meeting held June 11, 2013 at 4:00 p.m. will be
provided at the next regular Board meeting.
■ Next meeting is scheduled to be held July 9, 2013 at 4:00 p.m.
11.4. Planning- Engineering- Operations Committee
(Kiley /Hawkins)
■ Minutes of the meeting held June 6, 2013 at 3:00 p.m. were
provided in the agenda packet.
■ Next meeting is scheduled to be held July 8, 2013 at 4:00 p.m.
11.5. Public Affairs - Communications - Technology Committee
(Beverage /Collett)
■ Minutes of the meeting held May 22, 2013 at 3:00 p.m. were
provided in the agenda packet.
■ Minutes of the meeting held June 3, 2013 at 4:00 p.m. were
provided in the agenda packet.
■ Next meeting is scheduled to be held July 1, 2013 at 4:00 p.m.
11.6. Organizational and Efficiency Study Ad Hoc Committee
(Beverage /Hawkins)
■ Meeting held June 5, 2013 at 3:00 p.m. Director Beverage noted
that the Committee had met with Koff & Associates to discuss their
concerns in relation to the study. The meeting scheduled June 18,
2013 at 2:00 p.m. will be conducted via conference call. The
consultant will be providing the committee with a list of proposed
comparator agencies. A face to face meeting has also been
scheduled for July 17, 2013 at 3:00 p.m. Once available, the first
draft of the study will be presented to the Board at a workshop
meeting.
■ Next meeting scheduled to be held June 18, 2013 at 2:00 p.m.
11.7. YLWD -City of Placentia Joint Agency Committee
(Melton /Hawkins)
■ Next meeting is scheduled to be held June 17, 2013 at 9:30 a.m.
11.8. YLWD -City of Yorba Linda Joint Agency Committee
(Kiley /Beverage)
■ Next meeting is scheduled to be held June 19, 2013 at 6:00 p.m.
11.9. YLWD - MWDOC -OCWD Joint Agency Committee
(Beverage /Melton)
■ Minutes of the meeting held May 28, 2013 at 4:00 p.m. were
provided in the agenda packet.
■ Next meeting is scheduled to be held July 23, 2013 at 4:00 p.m.
12. INTERGOVERNMENTAL MEETINGS
12.1. YL City Council /Planning Commission — May 28, 2013 (Kiley)
Director Kiley attended and commented on 2 presentations provided
during meeting regarding the California Main Street Program and the
Town Center Site Plan. Councilmember Hernandez responded to
questions from the Board related to the signage and proper name for the
Town Center /Yorba Linda Commons.
12.2. YL Planning Commission — May 29, 2013 (Hawkins)
Director Hawkins attended and noted that the majority of the discussion
during the meeting centered on the Historic Preservation Ordinance.
12.3. ISDOC — May 30, 2013 (Hawkins /Kiley)
Directors Hawkins and Kiley attended and mentioned that the featured
speaker, Nick Berardino, General Manager of the OC Employees
Association, was very entertaining.
12.4. YL City Council — June 4, 2013 (Kiley)
Director Kiley attended and reported that the bulk of the meeting focused
on the draft budget.
12.5. MWDOC /MWD Workshop — June 5, 2013 (Melton /Staff)
Director Melton attended and commented on MWDOC's water sales and
lowered expenses which were discussed during the meeting.
12.6. OCWD Board — June 5, 2013 (Kiley)
Director Kiley attended but did not have any District related business to
report.
12.7. WACO — June 7, 2013 (Hawkins /Kiley)
Directors Hawkins and Kiley attended and commented on 2 different
presentations provided during the meeting. One focused on Southern
California Edison's preparations for the upcoming summer and the other
was concerning the Diemer Treatment Plant. Director Kiley suggested
that staff contact MWDOC to see if they would be willing to provide their
presentation regarding the Diemer Plant to the Citizens Advisory
Committee.
12.8. YL Planning Commission — June 12, 2013 (Melton)
Director Melton attended and mentioned that an interesting presentation
was provided by Brandywine Homes regarding a residential development
9
on Richfield Road and Yorba Linda Blvd. A public hearing regarding an
amendment to the Housing Element of the General Plan was also held
during the meeting.
13. BOARD OF DIRECTORS ACTIVITY CALENDAR
13.1. Meetings from June 14, 2013 — July 31, 2013
The Board reviewed the activity calendar and made no changes.
14. CONFERENCES, SEMINARS, AND SPECIAL EVENTS
14.1. Interview Sessions with Koff & Associates for Organizational & Efficiency
Study — June 4 -5 & 10, 2013
(Ratify Director attendance.)
OCWD 80th Anniversary Reception — June 21, 2013
UWI Annual Conference — August 14 -16, 2013
Directors Collett and Kiley expressed an interest in attending the OCWD
reception. Director Kiley also expressed in interest in attending the UWI
Conference.
Director Hawkins made a motion, seconded by Director Collett, to ratify
and authorize Director attendance at the above listed events. Motion
carried 5 -0.
15. CLOSED SESSION
The meeting was adjourned to Closed Session at 9:53 a.m. All Directors were
present. Also present were Mrs. Knight and Messrs. Conklin, Kidman, and
Gagen.
15.1. Conference with Legal Counsel — Pending Litigation
Pursuant to Subdivision (a) of Section 54956.9 of the California
Government Code
Name of Case: ACWA/JPIA, et al vs. Insurance Company of the
State of Pennsylvania, et al (OCSC — Case No.
00486884)
15.2. Conference with Legal Counsel — Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision
(d) of Section 54956.9 of the California Government Code
Related to Line Break at 1301 North Rose Drive, Placentia CA 92870.
Number of Potential Cases: One
10
15.3. Conference with Legal Counsel — Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision
(d) of Section 54956.9 of the California Government Code
Related to written communications from potential plaintiffs threatening
litigation.
Number of Potential Cases: One
The Board reconvened in Open Session at 11:00 a.m. President Melton announced
that no action was taken during Closed Session that was required to be reported under
the Brown Act.
16. ADJOURNMENT
16.1. The meeting was adjourned at 11:01 a.m. A Board of Directors Workshop
Meeting to conduct a tour of District facilities has been scheduled for
Thursday, June 20, 2013 at 8:00 a.m. The next Regular Board of
Directors Meeting will be held Thursday, June 27, 2013 at 8:30 a.m.
Steven R. Conklin
Board Secretary
11
AGENDA REPORT
Meeting Date: June 27, 2013
ITEM NO. 8.2
Subject: Minutes of the Board of Directors Workshop Meeting held June 20, 2013
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Name:
062013 BOD Workshop - Minutes.doc
Approved by Board of Directors of the
Yorba Linda Water District
6/27/2013
RUPH 5 -0
Description:
BOD Mtg Minutes 06/20/13
Type:
Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS WORKSHOP MEETING
Thursday, June 20, 2013, 8:00 a.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The June 20, 2013 Yorba Linda Water District Board of Directors Workshop
Meeting was called to order by President Melton at 8:00 a.m. in the Board Room
at the District's Administration Building located at 1717 East Miraloma Avenue in
Placentia, California 92870.
2. ROLL CALL
DIRECTORS PRESENT
Gary T. Melton, President
Robert R. Kiley, Vice President
Michael J. Beverage
Ric Collett
DIRECTORS ABSENT
Phil Hawkins
STAFF PRESENT
Steve Conklin, Acting General Manager
John DeCriscio, Operations Manager
Bryan Arnado, Instrumentation Technician
Delia Lugo, Senior Accountant
Bryan Melton, Human Resources Technician
Damon Micalizzi, Public Information Officer
Freddie Ojeda, Plant Operator II
Cody Peterson, Public Affairs Intern
ALSO PRESENT
Brett Barbre, Director, Metropolitan Water District / Municipal Water District of Orange Co.
Craig Young, Mayor Pro Tem, City of Yorba Linda
Art Kidman, Partner, Kidman Law LLP
Daniel Langhorne, Reporter, Orange County Register - North County Bureau
3. PUBLIC COMMENTS
None.
4. DISCUSSION ITEMS
4.1. Board of Directors Annual Tour of District Facilities and Construction
Projects
The meeting consisted of a visit to the following locations: Meter Testing
Facility; Well 21 Site at OCWD's Water Recharge Complex; Well No. 20
Site; Richfield Road Pipeline Replacement Site; Highland Booster Station;
Yorba Linda Boulevard Pipeline and Booster Station; Fairmont Reservoir
and Booster Station Site; Timber Ridge Booster Station and Pressure
Regulating Station; Vantage Points for the Cielo Vista and Yorba Linda
Estates Developments; Hidden Hills Booster Station; and the Santiago
Reservoir and Booster Station.
1
5. ADJOURNMENT
5.1. The tour ended at the District's Administration Building and was adjourned
at 11:30 a.m. The next Regular Board of Directors Meeting will be held
Thursday, June 27, 2013 at 8:30 a.m.
Steve Conklin
Board Secretary
04
Meeting Date:
To:
From:
Presented By:
Prepared By:
Subject:
SUMMARY:
AGENDA REPORT
June 27, 2013
Board of Directors
Steve Conklin, Acting General
Manager
Budgeted:
Cost Estimate:
Funding Source
Stephen Parker, Finance Manager Dept:
Charmaine Holland, Acting
Accounting Asst I
Payments of Bills, Refunds, and Wire Transfers
ITEM NO. 8.3
Yes
$727,064.30
All Funds
Finance
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 $727,064.30.
DISCUSSION:
The wire and major items on this disbursement list are as follows: A check of $100,297.79 to ACWA/JPIA for
July health premium; a check of $54,408.60 to Kidman Law, LLC for legal services; and, a check of
$69,976.87 to MR2 Solutions, Incorporated for hardware storage. The balance of $225,976.33 is routine
invoices.
The Accounts Payable check register total is $450,659.59; Payroll No. 12 total is $276,404.71; and, the
disbursements of this agenda report are $727,064.30. A summary of the checks is attached.
STRATEGIC PLAN:
FR 1 -F: Continue to Record and Report the Fairly Stated Financial Activities of the District in a Timely and
Transparent Manner to the Board of Directors and Member Agencies
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors approves bills, refunds and wire transfers semi - monthly.
ATTACHMENTS:
Name:
CkReg62713.xl
13 -CS 627.doc
CC Summary 62713.xis
Approved by the Board of Directors of the Yorba
Linda Water District
6/27/2013
RC /PH 5 -0
Description:
Type:
Check Register
Backup Material
Recap Sheet
Backup Material
Credit Card Summary
Backup Material
Yorba Linda Water District
Check Register
For Checks Dated: 6/14/2013 thru 6/27/2013
Check No.
Date
Vendor Name
Amount
Description
61425
06/27/2013
ACWA /JPIA
100,297.79
HEALTH PREMIUM JULY
61426
06/27/2013
Alternative Hose Inc.
114.05
UNIT# 136 STEEL PIPE
61421
06/27/2013
AMBER KARP
179.84
Customer Refund
61427
06/27/2013
Amelia Cloonan
83.71
TRAINING SESSION 6/18
61428
06/27/2013
Anaheim Wheel & Tire
135.00
MOUNT /BALANCE TIRES
61429
06/27/2013
Apollo Technologies Inc.
430.00
WTR TRMT SVC /CLSD
61430
06/27/2013
Aqua- Metric Sales Co.
1,587.88
FLANGE GASKET /COMPLETE KITS
61431
06/27/2013
Aquatic Inspections, Inc.
7,100.00
INSPECT - GARDENIA & VALLEY
61432
06/27/2013
Aramark
940.25
UNIFORMS
61433
06/27/2013
AT & T
45.43
CIRCUIT 339840172 JUNE
61434
06/27/2013
Autoscribe Corporation
288.25
Vision Gateway API
61435
06/27/2013
CalCard US Bank
32,018.17
YLWD Visa
61563
06/27/2013
Carollo Engineers
18,166.00
FAIRMONT BPS FEBRUARY SVCS
61436
06/27/2013
CDW Government, Inc
2,040.96
SEAGATE 4tb SATA KIT
61437
06/27/2013
City Of Anaheim
33,030.17
LAKEVIEW AVE MAY13
61438
06/27/2013
Clinical Lab. Of San Bern.
3,290.00
LAB ANALYSES APRIL
61440
06/27/2013
Culligan of Santa Ana
8.55
WTR SOFTENER SVC
61441
06/27/2013
Dapper Tire Co. Inc.
772.07
8 TIRES
61442
06/27/2013
Datalok Orange County
130.74
DATA STORAGE
61447
06/27/2013
Dean Criske Trucking
851.31
FILL SAND
61443
06/27/2013
Dell Marketing L.P.
7,735.99
M4700 Work Station etc
61445
06/27/2013
Delta Wye Electric, Inc.
4,496.19
WIRING /WALL HIDDEN HILL
61444
06/27/2013
DeltaCare USA
328.82
DELTA CARE MAY
61448
06/27/2013
Eisel Enterprises, Inc.
3,171.04
IRON COVERS,
61507
06/27/2013
Employee Relations, Inc.
51.30
Emp Report
61508
06/27/2013
eSecurityToGo, LLC
1,643.27
Navigo User License
61511
06/27/2013
EyeMed
1,299.44
VISION PLAN JUNE 2013
61509
06/27/2013
Facility Solutions Group Inc
414.28
REPAIR SENSOR ON BLDG
61510
06/27/2013
Federal Express
113.30
Fedex Charges
61512
06/27/2013
Fleet Services, Inc
10,283.44
V# 168 COMP DPE SYSTEM
61513
06/27/2013
Fry's Electronics
80.95
25FT UV RESISTANT
61564
06/27/2013
Fullerton Paint & Flooring
163.49
CLEAR BASE
61369
06/14/2013
Haaker Equipment
(1,311.96)
Void /Wrong Vendor
61514
06/27/2013
Haaker Equipment Co.
2,599.91
V #168 NOZZLE GURD ETC
61515
06/27/2013
Infosend Inc.
6,757.22
Mail Prep Svc May 28 -31
61516
06/27/2013
Integrity Backflow
919.70
Test, Station Hidden /Green
61519
06/27/2013
J & S Construction
7,075.00
SAWCUT,DEMO
61517
06/27/2013
Jackson's Auto Supply - Napa
494.48
MISC VEHICLE PARTS
61419
06/27/2013
JEREMIAH NELSON
253.17
Customer Refund
61518
06/27/2013
John Bogosian
530.77
TIMING LIGHT /PARTS
61261
06/14/2013
Kathy Nguyen
(1,371.13)
Void /Replacement
61423
06/27/2013
KATHY NGUYEN
1,371.13
CUSTOMER REFUND
61520
06/27/2013
Kidman Law
54,408.60
LEGAL SERVICES MAY
61521
06/27/2013
Kimball Midwest
131.70
TERMINAL PARTS
61522
06/27/2013
Koff & Associates, Inc
5,835.98
ORGANIZATONAL STUDY
61374
06/14/2013
Konica Minolta Business
(1,977.01)
Void /Wrong Remit Address
61523
06/27/2013
Konica Minolta Business
1,977.01
BIZHUB C552,181
61524
06/27/2013
Konica Minolta Business
2,248.41
BIZHUB C552, 181
61525
06/27/2013
Lee & Ro, Inc.
13,934.50
Pipeline project consulting
61527
61528
61529
61424
61530
61531
61532
61533
61534
61535
61538
61565
61536
61390
61537
61539
61540
61541
61422
61542
61543
61544
61545
61546
61547
61420
61548
61549
61550
61551
W61413
61552
61553
61554
61555
61403
61526
61556
61557
61558
61559
61449 -61506
61560
61439
61446
61561
61562
06/27/2013
Marina Landscape, Inc
06/27/2013
Mc Fadden -Dale Hardware
06/27/2013
Mc Master -Carr Supply Co.
06/27/2013
MICHELLE DOTINGA
06/27/2013
MR2 Solutions Inc
06/27/2013
NatPay Online Business Solutions
06/27/2013
Nickey Kard Lock Inc
06/27/2013
Northern Tool & Equipment Co
06/27/2013
Office Solutions
06/27/2013
Orvac Electronics
06/27/2013
P.T.I. Sand & Gravel, Inc.
06/27/2013
P.T.I. Sand & Gravel, Inc.
06/27/2013
Pete's Road Service Inc
06/14/2013
Placentia Disposal
06/27/2013
Praxair Distribution
06/27/2013
Public Relations Society of America
06/27/2013
Quantum Automation
06/27/2013
R J Services, Inc
06/27/2013
REBECCA DILLON
06/27/2013
RKI Engineering, LLC
06/27/2013
Robyn Shaw
06/27/2013
Safety -Kleen Systems Inc
06/27/2013
Sanders Paving, Inc.
06/27/2013
Security Solutions
06/27/2013
Selman Chevrolet Company
06/27/2013
SHEKOFEFARSANY
06/27/2013
Shred -It USA Inc
06/27/2013
Siemens Industry
06/27/2013
Solarwinds Inc.
06/27/2013
Southern Calif Gas Co.
06/14/2013
Southern Calif Gas Co.
06/27/2013
Staples Business Advantage
06/27/2013
Step Saver Inc
06/27/2013
Stephen Parker
06/27/2013
Systems Source Inc
06/14/2013
The Gas Company
06/27/2013
The Lighthouse Inc.
06/27/2013
Time Warner Cable
06/27/2013
Toxguard Fluid Technologies
06/27/2013
Underground Service Alert
06/27/2013
United Industries
06/27/2013
Various
06/27/2013
Village Nurseries
06/27/2013
WANG LI
06/27/2013
White Nelson Diehl Evans LLP
06/27/2013
Wolverine Fence Co. Inc.
06/27/2013
Yorba Linda Hardware
Tota I
1,409.15
LANDSCAPE MAINT
351.19
PURCH SUPPLIES
283.32
FLEX CABLE
38.07
Customer Refund
69,976.87
HARDWARE STORAGE
23.85
DOCULIVERY 529/5/31
5,804.09
FUEL MAY
277.89
V# 199 HOSE
70.11
GENERAL SUPPLIES
546.24
Label Printer & Tools
0.00
Void check/Printer error
1,804.79
Road Mall
80.00
HAZ DISPOSAL CHRG
(480.66)
Void -s /b Credit Card payment
167.93
WELDING SUPPLIES
360.00
Renew Member Dues2013
132.30
Circuit Braker /Protector
1,959.94
REPAIR WRK ON WELL #15
29.57
Customer Refund
4,450.00
SCADA SUPPORT
896.11
CITYWORKS CONF
332.27
PARTS /WASHER SVC
12,556.00
ASPHALT REPAIR
635.00
Reconnect Well #10 Gate
226.16
MISC VEHICLE PARTS
65.85
Customer Refund
89.10
SHRED 62313
308.24
ANALYZER KIT
3,898.00
Annual Renewal Svc
9,065.08
RICHFIELD RD MAY 13
25,550.89
Services all sites
116.51
GENERAL OFFICE SUPPLIES
615.16
SALT
1,063.45
GFOA CONF MAY 2 -5
688.00
BUILD PRIVATE OFFICE
(28,840.89)
Void - invoice error
172.59
V# 180 HEADLIGHTS
110.13
CABLE SVC CHRG 613
589.21
REMOVE /ADD COOLANT
198.00
New Tkt Chrg
418.93
PIP, RUBBER GLOVES
0.00
Void check /Paper error
155.30
SOD
70.84
Customer Refund
4,000.00
YR END AUIT FIN STM
5,102.00
INSTALL CHAIN LINK CAGE
123.85
PURCH MAY
$450,659.59
June 27, 2013
CHECK NUMBERS:
Void Checks 61261,61369, 61374 $ (33,981.65)
61390 and 61403
Computer Checks 61419 -61565 $ 459,090.35
$ 425,108.70
Void Checks 61449 - 61506
WIRES:
W -61413 So Cal Gas $ 25,550.89
$ 25,550.89
TOTAL OF CHECKS AND WIRES $ 450,659.59
PAYROLL NO. 12:
Direct Deposits $ 158,019.22
Third Party Checks 5597 -5607 $ 41,909.31
Payroll Taxes $ 76,476.18
TOTAL OF PAYROLL $ 276,404.71
----------------------------------------------------------------------------------------------------------------------
DISBURSEMENT TOTAL: $ 727,064.30
------------------------------------------------------------------
------------------------------------------------------------------
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF JUNE 27, 2013
------------------------------------------------------------------
------------------------------------------------------------------
Cal Card Credit Card
U S Bank
5/08/2013- 06/05/2013
Date
Vendor Name
Amount
Description
05/08/13
C.Wells
455.49
Muller Gasket
05/14/13
Staples
920.77
Printer Ink & Office Supplies
05/15/13
Hilton San Francisco
370.30
GFOA Conf Lodge
05/21/13
Southwest Airline
155.80
Flight To & Back GFOA Conf
05/21/13
C.Wells
1,468.70
Housing for Hydrant
05/23/13
CSDA
600.00
General Manager Leadership Summit
05/28/13
TALX Corporation
43.90
New Hire Reference Check
05/28/13
ACWA Joint Power
170.00
Annual Training Conf 7/24 -7/25
05/28/13
Lowe's
279.72
Water Heater
05/28/13
Fullerton Paint
452.70
Marking Paint
05/29/13
LUX Bus America Co
615.50
Bus Rental for District Tour
05/29/13
Glidden
122.69
Paint & Supplies for HR Office
05/30/13
Sunstate
55.73
Propane for forklift
05/30/13
Well Supply Co
9,980.29
May Invoices 1 of 2
05/30/13
Answer 1 Communication
850.29
May Invoice
05/30/13
Inland Group
1,088.64
May Invoice
06/03/13
KB Design
907.20
YLWD Logo Ball
06/03/13
Harrington
232.54
Parts for Hidden Hill
06/03/13
John Deere Landscapes
20.36
Grass Seed
06/04/13
Stefano's Golden Baked
28.54
Lunch for Koff & Assoc.
06/04/13
Accessory Geeks
32.45
Two Cell Line Flip Covers
06/04/13
Home Depot
809.79
2 Pallet of Concrete
06/05/13
Mc Master Carr
89.08
O -Ring supplies
06/05/13
Orange County Hose Co
1,009.80
Fire Hoses
06/05/13
Uline
130.42
Color Tags for Cla Val
06/05/13
Well Supply Co
11,127.47
May Invoices 2 oft
TOTAL 32,018.17
AGENDA REPORT
Meeting Date: June 27, 2013
To: Board of Directors
From: Steve Conklin, Acting General
Manager
Presented By: Steve Conklin, Acting General
Manager
Prepared By: Anthony Manzano, Senior
Project Manager
Budgeted:
Total Budget:
Cost Estimate:
Funding Source
Account No:
Job No:
Dept:
Reviewed by Legal:
CEQA Compliance:
ITEM NO. 9.1
Yes
$80,000
$0
All Water Funds
101 -2700
J2010 -02
Engineering
Yes
EIR
Subject: BNSF Pipeline License for Lakeview Grade Separation Project
SUMMARY:
On February 14, 2013, the Board approved a Settlement Agreement between the District and the
Orange County Transportation Authority (OCTA), to relocate approximately 1,880 feet of 18 -inch
diameter waterline in Lakeview Avenue that interferes with OCTA's proposed grade separation
bridge crossing over Orangethorpe Avenue and the Burlington Northern Santa Fe (BNSF) railroad.
The District's cost for the waterline relocation work is capped at $250,000. Before starting the
waterline relocation work at the BNSF crossing, the District is required to execute a Pipeline License
with BNSF Railway Company. OCTA will pay BNSF the associated costs of $7,750 in fees and
insurance.
STAFF RECOMMENDATION:
That the Board of Directors authorize approval and execution of the "Pipeline License" with BNSF
Railway Company.
DISCUSSION:
Prior to starting the waterline relocation work at the BNSF railway crossing, the District is required to
execute a Pipeline License with BNSF Railway Company. In accord with the District's Settlement
Agreement, OCTA will pay $6,600 for contract fees, and $1,150 for BNSF protective liability
insurance, for a total of $7,750. JPIA and OCTA recommended that BNSF's protective liability
insurance be purchased. Additionally, JPIA provided us with BNSF's required insurance certificates.
Currently, District staff is awaiting final submittal and review of the contract documents prior to the
project utility work starting. OCTA estimates that construction work will begin late 2013.
STRATEGIC PLAN:
SR 3 -A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011 -2015 with
adopted amendments
PRIOR RELEVANT BOARD ACTION(S):
On February 14, 2013, the Board authorized execution of a "Settlement Agreement and Mutual
Release" between the District and OCTA, establishing District relocation costs not to exceed
$250,000.
ATTACHMENTS:
Name: Description: Type:
BNSF 12 -45079 Permit 06- 14- 13.0f BNSF Pipeline License Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
6/27/2013
MB /PH 5 -0
June 14, 2013
Yorba Linda Water District
Attention: Mr. Steve Conklin
1717 E. Miraloma Avenue
Placentia, California 92870
Dear Mr. Conklin:
Jones Lang LaSalle Brokerage, Inc
4300 Amon Carter Blvd., Suite 100
Fort Worth, Texas 76155
tel +1 817- 230 -2600, fax +1 817 306 -8265
12 -45079
Enclosed please find a revised copy of the requested contract for execution by an official authorized to execute
contract agreements on behalf of your company. Please print two (2) copies execute and return both copies
with original signature for completion on part of BNSF Railway Company ( "BNSF ") to this office, along with the
following requirements:
• A check
in the amount of $6,600.00
payable to BNSF
Railway Company which covers the contract
fee(s) in
the amount of $6,000.00
and the revision fee
to the exhibit A for $600.
You should have been or will be contacted by BNSF's Risk Management Department. If you have not,
and you have any questions regarding any of the insurance requirements, please contact Shawn Blair,
via email, at shawn.blair2 @bnsf.com. If you have not done so, please email the following insurance
documents to BNSF @certfocus.com:
1. A Certificate of Insurance as required in the agreement.
2. A separate policy for Railroad Protective Liability Insurance as required in the agreement
(ORIGINAL POLICY MUST BE PROVIDED). BNSF Railway Company will be the only insured
party, OR;
In lieu of providing a separate policy for Railroad Protective Liability Insurance, you may
participate in the BNSF's Railroad Protective Policy by checking the appropriate box in the contract and
including an additional $1,150.00 with your check.
PLEASE ADVISE IF THIS PROJECT IS ARRA FUNDED.
Acceptance and deposit of any check by BNSF does not
constitute an agreement between
BNSF and Licensee
for the requested license.
BNSF shall not be obligated to
hold the check in a separate fund,
but may commingle
the funds with other funds
of BNSF, and in no event shall
BNSF be responsible for interest on said funds.
The
enclosed
permit is not a
binding agreement and shall become
binding only when, and if, it is executed by
you
and fully
approved and executed by BNSF Railway Company.
Upon completion on behalf of BNSF, one
fully
executed
counterpart will
be returned for your records.
The specifications /plans you provided may differ from BNSF's minimum specification requirements.
Therefore, prior to your installation, please review the Exhibit A to determine the specifications
necessary for your installation.
Please
be informed that
if contracts,
fees,
and insurance are not returned within sixty
(60)
days, the processing
fee will
increase to $600.00.
Sincerely,
Vicki Norman
Associate Contract Specialist
Attachment
Tracking #12 -45079
PIPELINE LICENSE
THIS LICENSE ( "License "), made as of the _ day of 2013, ( "Effective Date ")
by and between BNSF RAILWAY COMPANY, a Delaware corporation ( "Licensor") and YORBA
LINDA WATER DISTRICT, a Public Agency of the State of California, ( "Licensee ").
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree to the following:
GENERAL
Licensor hereby grants Licensee a non - exclusive license, subject to all rights, interests, and
estates of third parties, including, without limitation, any leases, use rights, easements,
liens, or other encumbrances, and upon the terms and conditions set forth below, to
construct and maintain, in strict accordance with the drawings and specifications approved
by Licensor as part of Licensee's application process (the "Drawings and Specifications "),
One (1) Pipeline(s), Eighteen (18 ") inches in diameter inside a Thirty (30 ") inch steel casing
( "PIPELINE "), across or along the rail corridor of Licensor at or near the station of Placentia,
County of Orange, State of California, Line Segment 7602, Mile Post 39.96, as shown on
the attached Drawing No. 1- 54585, dated April 10, 2012 and revised on April 13, 2012 and
revised on June 1, 2012, attached hereto as Exhibit "A" and made a part hereof
( "Premises ").
2. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees,
Licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such
improvements.
3. Licensee shall use the Premises solely for construction and maintenance of a
PIPELINE in
accordance with
the Drawings and Specifications
carrying water. Licensee
shall not use
the PIPELINE to
carry any other commodity or use
the Premises for any other
purpose.
Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous
substances ", as "hazardous waste" and "hazardous substances" may now or in the future
be defined by any federal, state, or local governmental agency or body through the
PIPELINE on Licensor's property. Licensee agrees periodically to furnish Licensor with
proof, satisfactory to Licensor that Licensee is in such compliance. Should Licensee not
comply fully with the above - stated obligations of this Section, notwithstanding anything
contained in any other provision hereof, Licensor may, at its option, terminate this License
by serving five (5) days' notice of termination upon Licensee. Upon termination, Licensee
shall remove the PIPELINE and restore Licensor's property as herein elsewhere provided.
4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in
the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor
shall not be liable to refund Licensee any compensation paid hereunder, except for the pro -
rata part of any recurring charge paid in advance, or for any damage Licensee sustains in
connection therewith.
5. Any contractors or subcontractors performing work on the PIPELINE or entering the
Premises on behalf of Licensee shall be deemed servants and agents of Licensee for
purposes of this License.
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TERM
6. This License shall commence on
the Effective
Date and shall continue in perpetuity,
subject
to prior termination as hereinafter
described.
as compensation for the use
of the Premises.
(a) Licensee shall pay
Licensor,
prior to the Effective Date,
the sum of Six Thousand
and No /100 Dollars
($6,000)
as compensation for the use
of the Premises.
(b) Licensee agrees to reimburse Licensor (within thirty (30) days after receipt of bills
therefor) for all costs and expenses incurred by Licensor in connection with
Licensee's use of the Premises or the presence, construction and maintenance of
the PIPELINE, including but not limited to the furnishing of Licensor's Flagman and
any vehicle rental costs incurred. The cost of flagger services provided by the
Railway, when deemed necessary by the Railway's representative, will be borne by
the Licensee. The estimated cost for one (1) flagger is $800.00 for an eight (8) hour
basic day with time and one -half or double time for overtime, rest days and holidays.
The estimated cost for each flagger includes vacation allowance, paid holidays,
Railway and unemployment insurance, public liability and property damage
insurance, health and welfare benefits, transportation, meals, lodging and
supervision. Negotiations for Railway labor or collective bargaining agreements and
rate changes authorized by appropriate Federal authorities may increase actual or
estimated flagging rates. The flagging rate in effect at the time of performance by
the Contractor hereunder will be used to calculate the actual costs of flagging
pursuant to this paragraph.
(c) All invoices are due thirty (30) days after the date of invoice. In the event that
Licensee shall fail to pay any monies due to Licensor within thirty (30) days after the
invoice date, then Licensee shall pay interest on such unpaid sum from thirty (30)
days after its invoice date to the date of payment by Licensee at an annual rate
equal to (i) the greater of (a) for the period January 1 through June 30, the prime
rate last published in The Wall Street Journal in the preceding December plus two
and one -half percent (2 1/2 %), and for the period July 1 through December 31, the
prime rate last published in The Wall Street Journal in the preceding June plus two
and one -half percent (2 1/2 %), or (b) twelve percent (12 %), or (ii) the maximum rate
permitted by law, whichever is less.
COMPLIANCE WITH LAWS
8. (a) Licensee shall observe and comply with any and all laws, statutes, regulations,
ordinances, orders, covenants, restrictions, or decisions of any court of competent
jurisdiction ( "Legal Requirements ") relating to the construction, maintenance, and
use of the PIPELINE and the use of the Premises.
(b) Prior to entering the Premises, Licensee shall and shall cause its contractor to
comply with all Licensor's applicable safety rules and regulations. Prior to
commencing any work on the Premises, Licensee shall complete and shall require
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Tracking #12 -45079
its contractor to complete the safety- training program at the following Internet
Website " http: // www.contractororientation.com ". This training must be completed no
more than one year in advance of Licensee's entry on the Premises.
DEFINITION OF COST AND EXPENSE
For the purpose of this License, "cost' or "costs" "expense" or "expenses" includes, but is
not limited to, actual labor and material costs including all assignable additives, and
material and supply costs at current value where used.
RIGHT OF LICENSOR TO USE
10. Licensor
excepts and reserves the
right, to be
exercised by Licensor and any other parties
who may
obtain written permission
or authority
from Licensor:
(a) to maintain, renew, use, operate, change, modify and relocate any existing pipe,
power, communication lines and appurtenances and other facilities or structures of
like character upon, over, under or across the Premises;
(b) to
construct,
maintain, renew, use,
operate, change,
modify and relocate any tracks
or
additional
facilities or structures
upon, over, under
or across the Premises; or
(c) to use the Premises in any manner as the Licensor in its sole discretion deems
appropriate, provided Licensor uses all commercially reasonable efforts to avoid
material interference with the use of the Premises by Licensee for the purpose
specified in Section 3 above.
LICENSEE'S OPERATIONS
11. (a) Licensee shall notify Licensor's Roadmaster at 7427 Rosemead Blvd., Pico Rivera,
California, 90660, telephone (323) 307 -5815 (Office) or (909) 965 -2408 (Cell), at
least ten (10) business days prior to installation of the PIPELINE and prior to
entering the Premises for any subsequent maintenance thereon.
(b) In performing the work described in Section 3, Licensee shall use only public
roadways to cross from one side of Licensor's tracks to the other.
12. (a) Under no conditions shall Licensee be permitted to conduct any tests, investigations
or any other activity using mechanized equipment and /or machinery, or place or
store any mechanized equipment, tools or other materials, within twenty -five (25)
feet of the centerline of any railroad track on the Premises unless Licensee has
obtained prior written approval from Licensor. Licensee shall, at its sole cost and
expense, perform all activities on and about the Premises in such a manner as not
at any time to be a source of danger to or interference with the existence or use of
present or future tracks, roadbed or property of Licensor, or the safe operation and
activities of Licensor. If ordered to cease using the Premises at any time by
Licensor's personnel due to any hazardous condition, Licensee shall immediately do
so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor
has no duty or obligation to monitor Licensee's use of the Premises to determine the
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Tracking #12 -45079
safe nature thereof, it being solely Licensee's responsibility to ensure that
Licensee's use of the Premises is safe. Neither the exercise nor the failure by
Licensor to exercise any rights granted in this Section will alter the liability allocation
provided by this License.
(b) Licensee shall, at its sole cost and expense, construct and maintain the PIPELINE
in such a manner and of such material that it will not at any time be a source of
danger to or interference with the existence or use of present or future tracks,
roadbed or property of Licensor, or the safe operation and activities of Licensor.
Licensor may direct one of its field engineers to observe or inspect the construction
and /or maintenance of the PIPELINE at any time for compliance with the Drawings
and Specifications. If ordered at any time to halt construction or maintenance of the
PIPELINE by Licensor's personnel due to non - compliance with the same or any
other hazardous condition, Licensee shall immediately do so. Notwithstanding the
foregoing right of Licensor, the parties agree that Licensor has no duty or obligation
to observe or inspect, or to halt work on, the PIPELINE, it being solely Licensee's
responsibility to ensure that the PIPELINE is constructed in strict accordance with
the Drawings and Specifications and in a safe and workmanlike manner in
compliance with all terms hereof. Neither the exercise nor the failure by Licensor to
exercise any right granted by this Section will alter in any way the liability allocation
provided by this License. If at any time Licensee shall, in the sole judgment of
Licensor, fail to properly perform its obligations under this Section, Licensor may, at
its option and at Licensee's sole expense, arrange for the performance of such work
as it deems necessary for the safety of its operations and activities. Licensee shall
promptly reimburse Licensor for all costs and expenses of such work, upon receipt
of an invoice for the same. Licensor's failure to perform any obligations of Licensee
shall not alter the liability allocation hereunder.
13. During the construction and any subsequent maintenance performed on the PIPELINE,
Licensee shall perform such work in a manner to preclude damage to the property of
Licensor, and preclude interference with the operation of its railroad. The construction of
the PIPELINE shall be completed within one (1) year of the Effective Date. Upon
completion of the construction of the PIPELINE and after performing any subsequent
maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore
Licensor's Premises to their former state as of the Effective Date of this License.
14. If at any time during the term of this License, Licensor shall desire the use of its rail corridor
in such a manner as would, in Licensor's reasonable opinion, be interfered with by the
PIPELINE, Licensee shall, at its sole expense, within one hundred eighty (180) days after
receiving written notice from Licensor to such effect, make such changes in the PIPELINE
as in the sole discretion of Licensor may be necessary to avoid interference with the
proposed use of Licensor's rail corridor, including, without limitation, the relocation of the
existing or the construction of a new PIPELINE(s).
15. (a) Prior to Licensee conducting any boring work on or about any portion of the
Premises, Licensee shall explore the proposed location for such work with hand
tools to a depth of at least three (3) feet below the surface of the ground to
determine whether pipelines or other structures exist below the surface, provided,
however, that in lieu of the foregoing, the Licensee shall have the right to use
suitable detection equipment or other generally accepted industry practice (e g
consulting with the Underground Services Association) to determine the existence
Form 424; Rev. 04/26/05
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or location of pipelines and other subsurface structures prior to drilling or excavating
with mechanized equipment. Upon Licensee's written request, which shall be made
thirty (30) business days in advance of Licensee's requested construction of the
PIPELINE, Licensor will provide Licensee any information that Licensor has in the
possession of its Engineering Department concerning the existence and
approximate location of Licensor's underground utilities and pipelines at or near the
vicinity of the proposed PIPELINE. Prior to conducting any such boring work, the
Licensee will review all such material. Licensor does not warrant the accuracy or
completeness of information relating to subsurface conditions and Licensee's
operations will be subject at all times to the liability provisions herein.
(b) For all bores greater than 26 -inch diameter and at a depth less than 10.0 feet below
bottom of rail, a soil investigation will need to be performed by the Licensee and
reviewed by Licensor prior to construction. This study is to determine if granular
material is present, and to prevent subsidence during the installation process. If the
investigation determines in Licensor's reasonable opinion that granular material is
present, Licensor may select a new location for Licensee's use, or may require
Licensee to furnish for Licensor's review and approval, in its sole discretion a
remedial plan to deal with the granular material. Once Licensor has approved any
such remedial plan in writing, Licensee shall, at its sole cost and expense, carry out
the approved plan in accordance with all terms thereof and hereof.
16. Any open hole, boring or well constructed on the Premises by Licensee shall be safely
covered and secured at all times when Licensee is not working in the actual vicinity thereof.
Following completion of that portion of the work, all holes or borings constructed on the
Premises by Licensee shall be:
(a) filled in to surrounding ground level with compacted bentonite grout; or
(b) otherwise secured or retired in accordance with any applicable Legal Requirement.
No excavated materials may remain on Licensor's property for more than ten (10)
days, but must be properly disposed of by Licensee in accordance with applicable
Legal Requirements.
17. Upon termination of this License, Licensee shall, at its sole cost and expense:
(a) remove the PIPELINE and all appurtenances thereto, or, at the sole discretion of the
Licensor, fill and cap or otherwise appropriately decommission the PIPELINE with a
method satisfactory to Licensor;
(b) report and restore any damage to the Premises arising from, growing out of, or
connected with Licensee's use of the Premises;
(c) remedy any unsafe conditions on the Premises created or aggravated by Licensee;
and
(d) leave the Premises in the condition which existed as of the Effective Date of this
License.
18. Licensee's on -site supervisions shall retain /maintain a fully executed copy of this License at
all times while on the Premises.
Form 424; Rev. 04/26/05
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Tracking #12 -45079
LIABILITY
19. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL,
RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND
LICENSER'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS,
ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY,
"INDEMNITEES ") FOR, FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS,
CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES
(INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND
COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND
GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE
(COLLECTIVELY "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION
OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF,
RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART):
(i) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS
ENVIRONMENTAL PROVISIONS,
(ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS
LICENSE,
(iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES,
(iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE
PREMISES CAUSED BY OR CONTRIBUTED BY LICENSEE, OR
(v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S
OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS,
OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF
THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER,
EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN
WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY
LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO
INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE
EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF AN INDEMNITEE.
(b) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW,
NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE SHALL,
NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS
WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR
OTHERWISE, THAT RAILROAD IS AN "OWNER ", "OPERATOR ",
"ARRANGER ", OR "TRANSPORTER" WITH RESPECT TO THE PIPELINE FOR
THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS.
LICENSEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES
HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE
NEGLIGENCE OF THE INDEMNITEES. LICENSEE FURTHER AGREES THAT
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THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL
NOT IN ANY WAY SUBJECT LICENSOR TO CLAIMS THAT LICENSOR IS
OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL
LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE
INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT
SHALL LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL
CONDITION OF THE PREMISES.
(c) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER
AGREES, REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE
OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE
INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES
ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR
RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ( "FELA ")
WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES,
OR CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF
ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND,
ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED
VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR
REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE
ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND
SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND
ANY SIMILAR STATE OR FEDERAL STATUTE.
(d) Upon written notice from Licensor, Licensee agrees to assume the defense of any
lawsuit or other proceeding brought against any Indemnitee by any entity, relating to
any matter covered by this License for which Licensee has an obligation to assume
liability for and /or save and hold harmless any Indemnitee. Licensee shall pay all
costs incident to such defense, including, but not limited to, attorneys' fees,
investigators' fees, litigation and appeal expenses, settlement payments, and
amounts paid in satisfaction of judgments.
PERSONAL PROPERTY WAIVER
20, ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES,
EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE
RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY
DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN
PART TO THE NEGLIGENCE OF ANY INDEMNITEE.
INSURANCE
21. Licensee shall, at its sole cost and expense, procure and maintain during the life of this
Agreement the following insurance coverage:
A. Commercial General Liability Insurance. This insurance shall contain broad form
contractual liability with a combined single limit of a minimum of $5,000,000 each
occurrence and an aggregate limit of at least $10,000,000. Coverage must be
purchased on a post 1998 ISO occurrence or equivalent and include coverage for,
but not limited to, the following:
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♦ Bodily Injury and Property Damage
♦ Personal Injury and Advertising Injury
♦ Fire legal liability
♦ Products and completed operations
This policy shall also contain the following endorsements, which shall be indicated
on the certificate of insurance:
♦ The employee and workers compensation related exclusions in the above policy
shall not apply with respect to claims related to railroad employees.
♦ The definition of insured contract shall be amended to remove any exclusion or
other limitation for any work being done within 50 feet of railroad property.
♦ Any exclusions related to the explosion, collapse and underground hazards shall
be removed.
No other endorsements limiting coverage may be included on the policy.
B. Business Automobile Insurance. This insurance shall contain a combined single
limit of at least $1,000,000 per occurrence, and include coverage for, but not limited
to the following:
♦ Bodily injury and property damage
♦ Any and all vehicles owned, used or hired
C. Workers Compensation and Employers Liability Insurance. This insurance
shall include coverage for, but not limited to:
♦ Licensee's statutory liability under the worker's compensation laws of the
state(s) in which the work is to be performed. If optional under State law, the
insurance must cover all employees anyway.
♦ Employers' Liability (Part B) with limits of at least $500,000 each accident,
$500,000 by disease policy limit, $500,000 by disease each employee.
D. Railroad Protective Liability Insurance. This insurance shall name only the
Licensor as the Insured with coverage of at least $5,000,000 per occurrence and
$10,000,000 in the aggregate. The coverage obtained under this policy shall only
be effective during the initial installation and /or construction of the PIPELINE. THE
CONSTRUCTION OF THE PIPELINE SHALL BE COMPLETED WITHIN ONE (1)
YEAR OF THE EFFECTIVE DATE. If further maintenance of the PIPELINE is
needed at a later date, an additional Railroad Protective Liability Insurance Policy
shall be required. The policy shall be issued on a standard ISO form CG 00 35 10
93 and include the following:
♦ Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10
93)
♦ Endorsed to include the Limited Seepage and Pollution Endorsement.
♦ Endorsed to include Evacuation Expense Coverage Endorsement.
♦ No other endorsements restricting coverage may be added.
♦ The original policy must be provided to the Licensor prior to performing any work
or services under this Agreement.
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In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in
Licensor's Blanket Railroad Protective Liability Insurance Policy available to
Licensee or its contractor. The limits of coverage are the same as above. The cost
is $1,150.
❑ I elect to participate in Licensor's Blanket Policy;
❑ I elect not to participate in Licensor's Blanket Policy
Other Requirements
Where allowable by law, all policies (applying to coverage listed above) shall contain no
exclusion for punitive damages and certificates of insurance shall reflect that no exclusion
exists.
Licensee agrees to waive its right of recovery against Licensor for all claims and suits
against Licensor. In addition, its insurers, through policy endorsement, waive their right of
subrogation against Licensor for all claims and suits. The certificate of insurance must
reflect waiver of subrogation endorsement. Licensee further waives its right of recovery,
and its insurers also waive their right of subrogation against Licensor for loss of its owned
or leased property or property under its care, custody, or control.
Licensee's insurance policies through policy endorsement must include wording which
states that the policy shall be primary and non - contributing with respect to any insurance
carried by Licensor. The certificate of insurance must reflect that the above wording is
included in evidenced policies.
All policy(ies) required above (excluding Workers Compensation, Contractor's Pollution
Legal Liability and if applicable, Railroad Protective) shall include a severability of interest
endorsement and shall name Licensor and Jones Lang LaSalle Global Services - RR, Inc.
as an additional insured with respect to work performed under this agreement. Severability
of interest and naming Licensor and Jones Lang LaSalle Global Services - RR, Inc. as
additional insureds shall be indicated on the certificate of insurance.
Licensee is not allowed to self- insure without the prior written consent of Licensor. If
granted by Licensor, any deductible, self- insured retention or other financial responsibility
for claims shall be covered directly by Licensee in lieu of insurance. Any and all Licensor
liabilities that would otherwise, in accordance with the provisions of this Agreement, be
covered by Licensee's insurance will be covered as if Licensee elected not to include a
deductible, self- insured retention, or other financial responsibility for claims.
Prior to commencing the Work, Licensee shall furnish to Licensor an acceptable
certificate(s) of insurance including an original signature of the authorized representative
evidencing the required coverage, endorsements, and amendments. The policy(ies) shall
contain a provision that obligates the insurance company(ies) issuing such policy(ies) to
notify Licensor in writing at least 30 days prior to any cancellation, non - renewal, substitution
or material alteration. This cancellation provision shall be indicated on the certificate of
insurance. In the event of a claim or lawsuit involving Railroad arising out of this agreement,
Licensee will make available any required policy covering such claim or lawsuit.
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Any insurance policy shall be written by a reputable insurance company acceptable to
Licensor or with a current Best's Guide Rating of A- and Class VI I or better, and authorized
to do business in the state(s) in which the service is to be provided.
Licensee represents that this License has been thoroughly reviewed by Licensee's
insurance agent(s) /broker(s), who have been instructed by Licensee to procure the
insurance coverage required by this Agreement. Allocated Loss Expense shall be in
addition to all policy limits for coverages referenced above.
Not more frequently than once every five years, Licensor may reasonably modify the
required insurance coverage to reflect then - current risk management practices in the
railroad industry and underwriting practices in the insurance industry.
If any portion of the operation is to be subcontracted by Licensee, Licensee shall require
that the subcontractor shall provide and maintain insurance coverages as set forth herein,
naming Licensor as an additional insured, and shall require that the subcontractor shall
release, defend and indemnify Licensor to the same extent and under the same terms and
conditions as Licensee is required to release, defend and indemnify Licensor herein.
Failure to provide evidence as required by this section shall entitle, but not require, Licensor
to terminate this License immediately. Acceptance of a certificate that does not comply with
this section shall not operate as a waiver of Licensee's obligations hereunder.
The fact that insurance (including, without limitation, self- insurance) is obtained by Licensee
shall not be deemed to release or diminish the liability of Licensee including, without
limitation, liability under the indemnity provisions of this License. Damages recoverable by
Licensor shall not be limited by the amount of the required insurance coverage.
For purposes of this section, Licensor shall mean "Burlington Northern Santa Fe
Corporation ", "BNSF Railway Company" and the subsidiaries, successors, assigns and
affiliates of each.
ENVIRONMENTAL
22. (a) Licensee shall strictly comply with all federal, state and local environmental laws
and regulations in its use of the Premises, including, but not limited to, the
Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water
Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA
(collectively referred to as the "Environmental Laws "). Licensee shall not maintain a
treatment, storage, transfer or disposal facility, or underground storage tank, as
defined by Environmental Laws on the Premises. Licensee shall not release or
suffer the release of oil or hazardous substances, as defined by Environmental
Laws on or about the Premises.
(b) Licensee shall give Licensor immediate notice to Licensor's Resource Operations
Center at (800) 832 -5452 of any release of hazardous substances on or from the
Premises, violation of Environmental Laws, or inspection or inquiry by governmental
authorities charged with enforcing Environmental Laws with respect to Licensee's
Form 424; Rev. 04/26/05
-10-
Tracking #12 -45079
use of the Premises. Licensee shall use the best efforts to promptly respond to any
release on or from the Premises. Licensee also shall give Licensor immediate notice
of all measures undertaken on behalf of Licensee to investigate, remediate, respond
to or otherwise cure such release or violation.
(c) In the event that Licensor has notice from Licensee or otherwise of a release or
violation of Environmental Laws arising in any way with respect to the PIPELINE
which occurred or may occur during the term of this License, Licensor may require
Licensee, at Licensee's sole risk and expense, to take timely measures to
investigate, remediate, respond to or otherwise cure such release or violation
affecting the Premises or Licensor's right -of -way.
(d) Licensee shall promptly report to Licensor in writing any conditions or activities upon
the Premises known to Licensee which create a risk of harm to persons, property or
the environment and shall take whatever action is necessary to prevent injury to
persons or property arising out of such conditions or activities; provided, however,
that Licensee's reporting to Licensor shall not relieve Licensee of any obligation
whatsoever imposed on it by this License. Licensee shall promptly respond to
Licensor's request for information regarding said conditions or activities.
ALTERATIONS
23. Licensee may not make any alterations to the Premises or permanently affix anything to the
Premises or any buildings or other structures adjacent to the Premises without Licensor's
prior written consent.
NO WARRANTIES
24. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY
STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR
IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR
WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED
IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST
BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A
PARTICULAR PURPOSE,
QUIET ENJOYMENT
25. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PROPERTY NOR UNDERTAKE
TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO
COVENANT OF QUIET ENJOYMENT IS MADE.
DEFAULT
26. If default shall be made in any of the covenants or agreements of Licensee contained in this
document, or in case of any assignment or transfer of this License by operation of law,
Licensor may, at its option, terminate this License by serving five (5) days' notice in writing
upon Licensee. Any waiver by Licensor of any default or defaults shall not constitute a
waiver of the right to terminate this License for any subsequent default or defaults, nor shall
Form 424; Rev. 04/26/05
11-
Tracking #12 -45079
any such waiver in any way
affect Licensor's
ability to enforce
any Section of this License.
The remedy set forth in this
Section 26 shall
be in addition to,
and not in limitation of, any
other remedies that Licensor
may have at law
or in equity.
LIENS AND CHARGES
27. Licensee shall promptly pay and discharge any and all liens arising out of any construction,
alterations or repairs done, suffered or permitted to be done by Licensee on Premises.
Licensor is hereby authorized to post any notices or take any other action upon or with
respect to Premises that is or may be permitted by law to prevent the attachment of any
such liens to Premises; provided, however, that failure of Licensor to take any such action
shall not relieve Licensee of any obligation or liability under this Section 27 or any other
Section of this License. Licensee shall pay when due any taxes, assessments or other
charges (collectively, "Taxes ") levied or assessed upon the Improvements by any
governmental or quasi - governmental body or any Taxes levied or assessed against
Licensor or the Premises that are attributable to the Improvements.
TERMINATION
28. This License may be terminated by Licensor, at any time, by serving thirty (30) days' written
notice of termination upon Licensee. This License may be terminated by Licensee upon
execution of Licensor's Mutual Termination Letter Agreement then in effect. Upon
expiration of the time specified in such notice, this License and all rights of Licensee shall
absolutely cease.
29. If Licensee fails to surrender to Licensor the Premises, upon any termination of this
License, all liabilities and obligations of Licensee hereunder shall continue in effect until the
Premises are surrendered. Termination shall not release Licensee from any liability or
obligation, whether of indemnity or otherwise, resulting from any events happening prior to
the date of termination.
ASSIGNMENT
30. Neither Licensee, nor the heirs, legal representatives, successors, or assigns of Licensee,
nor any subsequent assignee, shall assign or transfer this License or any interest herein,
without the prior written consent and approval of Licensor, which may be withheld in
Licensor's sole discretion.
NOTICES
31. Any notice required or permitted to be given hereunder by one party to the other shall be in
writing and the same shall be given and shall be deemed to have been served and given if
(i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into
the custody of a nationally recognized overnight delivery service, addressed to the party to
be notified at the address for such party specified below, or to such other address as the
party to be notified may designate by giving the other party no less than thirty (30) days'
advance written notice of such change in address.
Form 424; Rev. 04/26/05
-12-
Tracking #12 -45079
If to Licensor: Jones Lang LaSalle Brokerage, Inc.
4300 Amon Carter Blvd., Suite 100
Fort Worth, TX 76155
Attn: Licenses /Permits
with a copy to: BNSF Railway Company
2500 Lou Menk Dr. — A0133
Fort Worth, TX 76131
Attn: Senior Manager Real Estate
If to Licensee: Yorba Linda Water District
1717 E. Miraloma Avenue
Placentia, California 92870
SURVIVAL
32. Neither termination nor expiration will release either party from any liability or obligation
under this License, whether of indemnity or otherwise, resulting from any acts, omissions or
events happening prior to the date of termination or expiration, or, if later, the date when the
PIPELINE and improvements are removed and the Premises are restored to its condition
as of the Effective Date.
RECORDATION
33. It is understood and agreed that this License shall not be placed on public record.
APPLICABLE LAW
34. All questions concerning the interpretation or application of provisions of this License shall
be decided according to the substantive laws of the State of Texas without regard to
conflicts of law provisions.
SEVERABILITY
35. To the maximum extent possible, each provision of this License shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this License
shall be prohibited by, or held to be invalid under, applicable law, such provision shall be
ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate
the remainder of such provision or any other provision of this License.
INTEGRATION
36. This License is the full and complete agreement between Licensor and Licensee with
respect to all matters relating to Licensee's use of the Premises, and supersedes any and
all other agreements between the parties hereto relating to Licensee's use of the Premises
as described herein. However, nothing herein is intended to terminate any surviving
obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any
prior written agreement between the parties.
Form 424; Rev. 04/26/05
13-
Tracking #12 -45079
MISCELLANEOUS
37. In the event that Licensee consists of two or more parties, all the covenants and agreements
of Licensee herein contained shall be the joint and several covenants and agreements of
such parties.
38. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way
impair the right of Licensor to enforce that provision for any subsequent breach thereof.
Jones Lang LaSalle Global Services — RR, Inc. is acting as representative for BNSF
Railway Company.
IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties
hereto as of the day and year first above written.
BNSF RAILWAY COMPANY
Jones Lang LaSalle Brokerage, Inc.
Its Attorney in Fact
4300 Amon Carter Blvd, Suite 100
Fort Worth, TX 76155
By:
Ed Darter
Title: Vice President - National Accounts
YORBA LINDA WATER DISTRICT
1717 E. Miraloma Avenue
Placentia, California 92870
By:
Title:
Form 424; Rev. 04/26/05
14-
TRACKING N0. 12 -45079
EXHIBIT NAM
ATTACHED TO CONTRACT BETWEEN
BNSF RAILWAY COMPANY
AND
YORBA LINDA WATER DISTRICT
SECTION:
SCALE: 1 IN. = 100 FT. TOWNSHIP: - lrt S' R�
CALIFORNIA DIV. RANGE:
SAN BERNARDINO SUBDIV. L.S. 7602 r MERIDIAN: SBM 11
DATE 04/10/2012 REV. 04/13/2012 y
REV. 06/01/2012 {ry mm
a � Z
TO RED 0 JCT. I - PROPERTY LINE
1 E T B & Y 0
No f
`° PCI5 1 Alt v� 8F -'7080
Vl�
MP 39.98 ` g
x' "ES. 2149.99 I� TO 5A�) BERNM
Esmnt by Deed x45.849 - I: — DINO
PROPERTY LINE �k �<, 7 .
NOTE:
ALL RIGHT OF WAY SUBJECT TO EASEMENT NO.DAT -51534
TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATED 12/10/1992; FROM THE CITY OF SAN BERNARDINO M.P. 0.01
TO THE CITY OF FULLERTON M.P. 45.44 (WHICH EQUALS M.P. 165.55)
ON THE SAN BERNARDINO SUBDIVISION: EXCEPTIONS AS NOTED. 1I VV
SUBJECT TO FIBER OPTIC LICENSE. DESCRIPTION OF PIPELINE
PIPELINE SHOWN BOLD
CARRIER CASING CARRIER CASING
PIPE PIPE PIPE PIPE
SIZE: 181, 30" LENGTH ON R /W: 102' 102'
CONTENTS: WATER WORKING PRESSURE: 80 PSI
PIPE MATERIAL: DIP STEEL BURY: BASE /RAIL TO TOP OF CASING
SPECIFICATION /GRADE: CLASS n5�2 STA M 252 BURY: NATURAL GROUND 9
WALL THICKNESS: 2.10 0.5 BURY: ROADWAY DITCHES 9
COATING: POLYETHYLENE — CATHODIC PROTECTION YES
VENTS: NUMBER — SIZE — HEIGHT OF VENT ABOVE GROUND —
NOTE: CASING TO BE JACKED OR DRY BORED ONLY
AT PLACENTIA
COUNTY OF ORANGE STATE OF CA JWD
REVISION 2 DRAWING N0. 1-54585
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ITEM NO. 9.2
AGENDA REPORT
Meeting Date:
June 27, 2013
Budgeted:
No
To:
Board of Directors
Cost Estimate:
$0
Funding Source:
N/A
From:
Steve Conklin, Acting General
Manager
Presented By:
Steve Conklin, Acting General
Dept:
Engineering
Manager
Reviewed by Legal:
Yes
Prepared By:
Hank Samaripa, Project
CEQA Compliance:
N/A
Engineer
Subject:
Memorandum of Understanding
(MOU) with County of Orange for Utilization of
AlertOC
SUMMARY:
AlertOC is a reverse notification system that has been in operation since August 2010 and is
provided by the County of Orange at no cost to water agencies. The system can be utilized for
public notification of a water related emergency, as well as internal notification to staff of an
emergency response. The current MOU terms ends June 30, 2013. On June 18, we were notified
by MWDOC that if the District wishes to participate in the AlertOC system, the MOU needs to be
renewed and approved by the Board of Directors.
STAFF RECOMMENDATION:
That the Board of Directors authorize the Acting General Manager to execute the Memorandum of
Understanding Between the County of Orange and Participants For the Use of the Countywide
Mass Notification System.
DISCUSSION:
AlertOC is intended to supplement, not replace, other forms of communication. Jurisdictions are to
use the system in tandem with other notification systems to assist in warning the public of a
perceived or emerging emergency, to inform an impacted community of what action to take during a
public safety incident or public health crisis, to keep a community updated on the status of an event,
and to disseminate post event information to impacted areas.
Specific to water agencies, events that might require a water agency to notify their contact base
include but are not limited to: Emergency Water Conservation, Boil Water, Do not Drink, Do not
Use, Water Unavailable for Extended Period, and Event All Clear.
Participation in the AlertOC program is currently free for water agencies and is funded by the
County of Orange through June 30, 2013. A updated participant MOU must be on file with the
County to allow the District to access to the system starting July 1, 2013. The District was recently
informed of the need for this renewal, and, as such, staff is bringing this directly to the Board rather
than through a committee.
Attached is the participant MOU. Our District counsel reviewed the original 2010 MOU agreement
and takes no exception to the 2013 renewal agreement. Note that Exhibits A and C are not attached
but have been reviewed by legal. These lengthy exhibits are with the County and are available in
the Office of the Acting General Manager and can be sent electronically if requested.
STRATEGIC PLAN:
SR 1 -D: Strengthen Existing Emergency Operations Partnerships
PRIOR RELEVANT BOARD ACTION(S):
On August 12, 2010, the Board of Directors authorized the General Manager to sign the MOU with
the County of Orange and MWDOC for the use of the AlertOC notification system at no charge.
ATTACHMENTS:
Name:
AlertOC MOU 061913 Part 1.pdf
AlertOC MOU 061913 Part 2.0
Approved by the Board of Directors of the
Yorba Linda Water District
6/27/2013
PH /RK 5 -0
Description:
AlertOC MOU 061913 Part 1
AlertOC MOU 061913 Part 2
Type:
Backup Material
Backup Material
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF ORANGE
AND
PARTICIPANTS
FOR USE OF COUNTYWIDE MASS NOTIFICATION SYSTEM
This Memorandum of Understanding, hereinafter referred to as "MOU,"
dated , which date is stated for purposes of reference only, is entered into by and
between the County of Orange, a political subdivision of the State of California, hereinafter
referred to as "COUNTY," and the undersigned municipalities, public universities and water
agencies responsible for protecting a resident population and maintaining a dedicated public safety
answering point (PSAP) within the County of Orange, hereinafter referred to individually as
"PARTICIPANT" or collectively as "PARTICIPANTS."
This MOU is intended to establish governance and terms of use for a Countywide Public
Mass Notification System.
RECITALS
WHEREAS, COUNTY is sponsoring a Countywide Public Mass Notification System
( "System') for the primary intent of providing timely communication to the public during times
of emergency; and
WHEREAS, the County is making use of the System available to all cities and agencies
within the County of Orange who have the responsibility for protecting a resident population and
maintaining a dedicated public safety answering point (PSAP); and
WHEREAS, COUNTY entered into Orange County Agreement No. MA- 060 - 13011688
( "Agreement ") with Blackboard Connect, Inc., for the provision of Public Mass Notification
System Services, on or about May 21, 2013, attached hereto as Exhibit A, to disseminate critical,
time - sensitive emergency information to COUNTY's citizens and businesses through phone and
e -mail devices for emergency notification purposes; and
WHEREAS, Blackboard Connect, Inc. agrees to provide to PARTICIPANTS the
services agreed to by Blackboard Connect, Inc. and COUNTY as contained under the Agreement
in exchange for abiding by the terms set forth in this MOU; and
WHEREAS, PARTICIPANTS agree to uphold the same terms and conditions of the
Agreement, to use the System in compliance with all usage agreements identified and
incorporated herein as Exhibit A (Orange County Agreement No. MA- 060 - 13011688), Exhibit B
(Countywide Public Mass Notification System Policy and Guideline) and Exhibit C
(Nondisclosure Document), and the terms of this MOU to receive the benefits under the
Agreement.
Page 1 of 5
NOW, THEREFORE, the parties agree as follows:
I. Definitions:
"Agreement" shall refer to Orange County Agreement No. MA- 060 - 13011688 between
COUNTY and Blackboard Connect, Inc. The Agreement is attached to this MOU as
Exhibit A.
"Countywide" shall mean all geographic locations in Orange County, California.
"Contact information" shall mean PARTICIPANT and public contact data stored in the
System for the purpose of disseminating communication in accordance with this MOU
and its Exhibits.
"Emergency" shall include, but not be limited to, instances of fire, flood, storm,
epidemic, riots, or disease that threaten the safety and welfare of the citizens and property
located within the boundaries of the COUNTY and PARTICIPANTS' respective
jurisdictions.
"Emergency information" shall mean information relevant to the safety and welfare of
recipients in the event of an Emergency. Such information shall include but not be
limited to instructions and directions to alleviate or avoid the impact of an emergency.
"Emergency notification situation" shall mean instances when emergency information is
to be distributed through the System.
"Non - emergency information" shall refer to information that is not relevant to the safety
and welfare of recipients, but has been deemed to be of significant importance to a
PARTICIPANT's jurisdiction to justify the use of the System to distribute such
information.
"Non- emergency notification situation" shall mean instances when a PARTICIPANT
deems non - emergency information to be of significance to a PARTICIPANT'S
jurisdiction and the PARTICIPANT uses the System to distribute such information.
"System" shall mean the Public Mass Notification System as provided by Blackboard
Connect, Inc. to COUNTY under the Agreement. The System is designed to disseminate
information by utilizing common communications, i.e. telephone and e-mail
communications to citizens and businesses as permitted under the Agreement.
II. Hold Harmless: PARTICIPANT will defend, indemnify and save harmless COUNTY,
its elected officials, officers, agents, employees, volunteers and those special districts and
agencies which COUNTY's Board of Supervisors acts as the governing Board
( "COUNTY INDEMNITIES ") from and against any and all claims, demands, losses,
damages, expenses or liabilities of any kind or nature which COUNTY, its officers,
agents, employees or volunteers may sustain or incur or which may be imposed upon
Page 2 of 5
them for injury to or death of persons, or damages to property as a result of, or arising out
of the acts, errors or omissions of PARTICIPANT, its officers, agents, employees,
subtenants, invitees, or licensees. COUNTY will defend, indemnify and save harmless
PARTICIPANT, its officers, agents, employees and volunteers from and against any and
all claims, demands, losses, damages, expenses or liabilities of any kind or nature which
PARTICIPANT, its officers, agents, employees or volunteers may sustain or incur or
which may be imposed upon them for injury to or death of persons, or damages to
property as a result of, or arising out of the acts, errors or omissions of COUNTY, its
officers, agents, employees, subtenants, invitees, or licensees.
III. Term: This MOU shall be in effect from July 1, 2013 and shall expire on June 30, 2017,
unless COUNTY funding of the System becomes unavailable at which time
PARTICIPANTS will be given six -month advance notice per the termination terms found
in Paragraph IX. Termination, below.
IV. Scope of Services: PARTICIPANTS shall receive from Blackboard Connect, Inc. the
same services provided by Blackboard Connect, Inc. to the COUNTY under the
Agreement. COUNTY's involvement in this MOU is limited only to extending the
availability of the terms and conditions of the Agreement to the PARTICIPANTS.
PARTICIPANTS and Blackboard Connect, Inc. acknowledge and agree that any actions
taken by Blackboard Connect, Inc. or any PARTICIPANT under the scope of the
Agreement and this MOU are the responsibility of Blackboard Connect, Inc. and the
respective PARTICIPANT.
V. Use: Use of the System and its data, including but not limited to contact information, is
governed by the terms, conditions and restrictions set forth in the terms provided in
Exhibit A, B and C. All PARTICIPANTS agree to the terms and conditions contained in
Exhibits A, B, and C. COUNTY retains the right to update Exhibits A, B, and C as
needed, in whole or in part, during the life of this MOU. Any and all revised Exhibits
will be distributed to PARTICIPANTS within five business days of the revision date and
shall be incorporated into this MOU. Such modifications to the Exhibits shall not be
deemed an amendment for the purposes of Paragraph X. Amendments, below.
PARTICIPANT, including each of its agents, officers, employees, and representatives
who are given access to the System, agrees to abide by the individual terms of each
agreement and the additional conditions incorporated herein. Breach of use may result in
individual user or PARTICIPANT access account termination.
The scope of services under the Agreement is limited to using the System to distribute
business communication to PARTICIPANT inter - departmental resources and/or
emergency information to the public in emergency notification situations.
PARTICIPANTS may arrange for the use of the System with Blackboard Connect, Inc.
to distribute non - emergency information. However, any agreement reached between
Blackboard Connect, Inc. and any PARTICIPANT for the use of the System for non -
emergency notification situations shall exist only between Blackboard Connect, Inc. and
Page 3 of 5
the PARTICIPANT. In accordance with Paragraph II. Hold Harmless, above, COUNTY
shall be held harmless and indemnified by the PARTICIPANTS and Blackboard
Connect, Inc. from any actions whatsoever arising from any PARTICIPANT's use of the
System for non - emergency services.
All PARTICIPANTS have read and accept the terms and conditions found in COUNTY's
"Countywide Public Mass Notification System Policy and Guideline (June 30, 2008) ",
attached hereto as Exhibit B.
VI. Compensation: All compensation owed by PARTICIPANTS to Blackboard Connect,
Inc. shall be made between PARTICIPANTS and Blackboard Connect, Inc.
VII. Notice: Any notice or notices required or permitted to be given pursuant to this MOU
shall be submitted in writing and delivered in person, via electronic mail or via United
States mail as follows:
COUNTY:
County of Orange — Sheriff - Coroner Department
Emergency Management Bureau
Attn: Donna Boston / Emergency Management
2644 Santiago Canyon Road
Silverado, CA 92676
PARTICIPANTS: Each PARTICIPANT shall provide to COUNTY a contact person
and notice information upon entering into this MOU.
Notice shall be considered tendered at the time it is received by the intended
recipient.
VIII. Confidentiality: Each party agrees to maintain the confidentiality of all related records
and information of the other party pursuant to all statutory laws relating to privacy and
confidentiality that currently exist or exist at any time during the term of this MOU. All
information and use of the System shall be in compliance with California Public Utilities
Code section 2872.
IX. Termination: The COUNTY or any PARTICIPANT may terminate its participation in
this MOU at any time for any reason whatsoever. If any PARTICIPANT chooses to
terminate its participation in this MOU, the terminating PARTICIPANT shall provide
written notification in accordance with Paragraph VII. Notice, above. Such notice shall
be delivered to the COUNTY 30 days prior to the determined termination date. A
terminating PARTICIPANT shall uphold the obligations contained in Paragraph II. Hold
Harmless in its entirety and Paragraph VIII. Confidentiality, above. Upon termination,
PARTICIPANT agrees to inform each PARTICIPANT user to stop using the System and
to relinquish all System access, user accounts, passwords and non - PARTICIPANT data
to COUNTY immediately. PARTICIPANT may choose to delete and/or export non-
public PARTICIPANT (aka inter - departmental) owned contact information, as well as,
export resident provided contact information prior to termination. Resident provided
Page 4 of 5
contact information acquired through PARTICIPANT sources shall remain in the System
and available to the County for regional or multi jurisdictional notification use as needed.
Should COUNTY discontinue its funding for the System, which shall be grounds for
COUNTY's termination of its participation, COUNTY shall give PARTICIPANTS six -
month advance courtesy notice prior to terminating the Agreement. All other reasons for
terminating by COUNTY shall be valid upon providing notice to the PARTICIPANTS.
Upon termination by COUNTY, this MOU shall no longer be in effect.
Termination by a PARTICIPANT shall not be deemed an amendment to this MOU as
defined in Paragraph X. Amendments, below.
X. Amendments: This MOU may be amended only by mutual written consent of the parties
involved unless otherwise provided for in this MOU. The modifications shall have no
force and effect unless such modifications are in writing and signed by an authorized
representative of each party. Termination by a PARTICIPANT or adding a new
PARTICIPANT to this MOU shall not be deemed an amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding
to be executed by their duly authorized representatives as of the dates opposite the signatures.
COUNTY OF ORANGE
LIM
Sandra Hutchens, Sheriff - Coroner
County of Orange
PARTICIPANT:
L-02
Authorized Signature
Print Name and Title
Page 5 of 5
Date:
Date:
contact information acquired through PARTICIPANT sources shall remain in the System
and available to the County for regional or multi jurisdictional notification use as needed.
Should COUNTY discontinue its funding for the System, which shall be grounds for
COUNTY's termination of its participation, COUNTY shall give PARTICIPANTS six -
month advance courtesy notice prior to terminating the Agreement. All other reasons for
terminating by COUNTY shall be valid upon providing notice to the PARTICIPANTS.
Upon termination by COUNTY, this MOU shall no longer be in effect.
Termination by a PARTICIPANT shall not be deemed an amendment to this MOU as
defined in Paragraph X. Amendments, below.
X. Amendments: This MOU may be amended only by mutual written consent of the parties
involved unless otherwise provided for in this MOU. The modifications shall have no
force and effect unless such modifications are in writing and signed by an authorized
representative of each party. Termination by a PARTICIPANT or adding a new
PARTICIPANT to this MOU shall not be deemed an amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding
to be executed by their duly authorized representatives as of the dates opposite the signatures.
COUNTY OF ORANGE
Lo
Sandra Hutchens, Sheriff - Coroner
County of Orange
PARTICIPANT:
:
Authorized Signature
Print Name and Title
Page 5 of 5
Date:
Date:
APPROVED AS TO FORM
OFFM of THE coumycouli,
ORANGE COUNfy �
J
r
County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
Effective: June 30, 2008
I. PURPOSE
The purpose of this document is to outline the Standard Operating Procedures for the use
and administration of AlertOC, the Orange County Public Mass Notification System,
hereinafter referred to as "System ". This document will provide more specific step -by -step
procedures and roles and responsibilities at the regional level including describing
expectation of participants. Individual jurisdictions /agencies should create and maintain and
regional concepts. The step -by step procedures for activation and use will be maintained in
a separate document maintained by each jurisdiction /agency as a part of their emergency
response plans for overall planning and response efforts. A copy of these procedures shall
be maintained in RespondOC in the AlertOC folder.
This document does not supersede any policy and procedures outlines in the
Memorandums of Understandings signed by participating agencies, but should be used to
support the use of the Orange County Mass Notification System.
II. SYSTEM DESCRIPTION
The primary intent of the Countywide Public Mass Notification System is to disseminate
early warning and time sensitive information to county businesses and residents during
time of an emergency event. The Public Mass Notification System is only one component
of the County of Orange Public Warning System. As deemed fit by local authorities, the
System should be used in conjunction with the other public warning mechanisms including,
but not limited to, route alerting, the Emergency Alert System, sirens, and press releases.
The Mass Notification System is available 24/7 and has been pre - loaded with Orange
County landline phone numbers (including unlisted) and countywide geographic maps.
Additionally, citizens have the option to provide additional contact information via self -
registration portal www.alertoc.com with link access from county and all participating entity
websites. Upon local authority decision to activate, the System will be used to send a
message, describing the situation and recommended action the public should take, to
affected businesses and households via telephone, e-mail and /or text.
The County of Orange, Orange County Sheriff's Department is the sponsor of the
Countywide Public Mass Notification System initiative and will take appropriate measures
to ensure that the System is in a state of operational readiness at all times. It is the
responsibility of all participating Agencies to maximize citizen benefits from the System.
While the County's intent for implementing and maintaining the System is for "emergency"
use, upon consent from local authorities, cities may optionally use the System to
disseminate "government- related" non - emergency notifications to citizens and organization
resources within its jurisdiction. See Section V. Authorized Use and Section VIII. Cost for
policy guidelines relating to non - emergency use.
Page 1 of 13
Orange Coun
Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
III. GOVERNANCE
The Orange County Sheriff's Department Emergency Management Division will manage the
Mass Notification System as a countywide asset under the Policy and Guidance approved
and recommended by the Orange County AlertOC Working Group., and agreed upon by
each individual Agency when they opt into the system.
Use of the System by each Agency is contingent upon that Agency abiding by the contract
with the mass notification vendor, and the protocols established by the Emergency
Management Council and Operational Area Executive Board.
The System utilizes the 9 -1 -1 database to complete the notifications. The use of the 9 -1 -1
database is regulated by the California Public Utilities Code (CPUC) sections 2872 and
2891.1. The information contained in the 9 -1 -1 database is confidential and proprietary and
shall not be disclosed or utilized except by authorized personnel for the purpose of
emergency notifications. Any agency in violation of this regulation is subject to criminal
charges as described in the CPUC.
The Orange County Sheriff's Department Emergency Management Division is responsible to
ensure that the provisions of the contract are implemented properly. Authorized users must
respect the integrity of the database, understand the privacy issues and fully comply with the
policies and protocols outlined in this document. If violations of the MOU and this approved
policy document are made by any individual or Agency, the Orange County Sheriff's
Department reserves the right to disable that individual's or Agency's login(s).
IV. OVERVIEW OF GENERAL SYSTEM FEATURES
At minimum, the Orange County Sheriff's Department shall acquire and maintain a Public
Mass Notification System capable of meeting the following requirements.
A. Licensed for use throughout the County's entire region
B. Capacity to send a 45 second message to 10,000 residents and businesses within
10 minutes
C. Capacity to send messages via phone, e-mail and text
D. Accessible via the public Internet
E. Provides audit trail logging and reporting
F. GIS map interface for geographic call list generation
G. Citizen self- registration web portal (available in English, Spanish and Vietnamese)
H. Interactive phone survey technology and reporting
I. IVR based notification setup and execution
J. Capable of identifying constituents preferred language and sending message in
English, Spanish and Vietnamese
Page 2 of 13
County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
V. AUTHORIZED USE
The Mass Notification System is designed to be a countywide asset, available to all
Agencies that have a dedicated public safety answering point (PSAP) and /or a resident
population they are responsible for making protective action recommendations.
An Agency may participate in the countywide System at no charge when used for
emergency purposes until June 2017.
Agencies authorized to join the system at no cost are limited to the incorporated cities in the
Orange County Operational Area, County agencies and departments, the Municipal Water
District of Orange County and Orange County Retail Water Agencies. Each participating
Agency must sign a MOU and will maintain, at minimum, a Local Agency Administrator
responsible for implementing and administering use of the System at the local level.
Cities
Cities wishing to participate may do so by having an authoritative representative sign the
"Orange County Public Mass Notification System" MOU. Upon signing the agreement, the
Agency will be provided a local administrator account, a vendor provided user manual and
initial training. Throughout the term of the agreement, the Agency may use the System to
send an unlimited number of emergency notifications to the public as well as an unlimited
number of emergency and non- emergency inter - department messages. Each participating
City shall develop and maintain written procedures to identify and address the Agency's
specific use of the System within the scope of this policy guide.
County Users
Unincorporated areas of Orange County will have emergency messaging to the public
launched by the Orange County Sheriff's Department. All other county agencies may have
access to utilize the system for interdepartmental use. Each participating County agency
shall develop and maintain written procedures to identify and address the Agency's specific
use of the System within the scope of this policy guide and provide this guideline to the
Orange County Sheriff's Department Emergency Management Division.
Water Retail Water Agencies
The Municipal Water District of Orange County and Orange County Retail Water Agencies
wishing to participate may do so by having an authoritative representative sign the "Orange
County Water Retail Agency Public Mass Notification System" MOU. Upon signing the
agreement, the Agency will be provided a local administrator account, and the Orange
County Sheriff's Department, Emergency Management Division in collaboration with the
Municipal Water District of Orange County — Water Emergency response Organization of
Orange County (WEROC) will provide a user manual and initial training. Throughout the
term of the agreement, the Agency may use the System to send emergency notifications to
the public by utilizing pre - established GIS shape files or the system's interactive map feature
to identify their water users. Each participating agency shall develop and maintain written
procedures to identify and address the Agency's specific use of the System within the scope
of this policy guide.
Page 3 of 13
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
Emergency Use
Use of the Mass Notification System for emergency activity contains two components: (1)
the need to disseminate critical, safety - related information to individuals regarding
emergency events occurring now, follow up information regarding the event and termination
of the emergency event., and (2) communicating with safety- responder staff, volunteers and
involved parties about the emergency event.
As a general rule, the System is to be used when the public is being asked to take some
action (e.g. evacuate, prepare to evacuate, shelter in place, boil tap water before drinking,
local assistance centers and other follow up information, rentry to an areas after evacuation
orders have been lifted or termination of the emergency because the danger has passed).
Emergency Public Notifications are limited to:
1. Imminent or perceived threat to life or property
2. Disaster notifications
3. Evacuation notices
4. Public health emergencies
5. Public safety emergencies
6. Any notification to provide emergency information to a defined community
The following criteria should be utilized to assist with determining the need to issue an alert:
1. Severity. Is there a significant threat to public life and safety?
2. Public Protection. Is there a need for members of the public to take a protective
action in order to reduce loss of life or substantial loss of property?
3. Warning. Will providing warning information assist members of the public in
making the decision to take proper and prudent action?
4. Timing. Does the situation require immediate public knowledge in order to avoid
adverse impact?
5. Geographical area. Is the situation limited to a defined geographical area? Is
that area of a size that will allow for an effective use of the system, given the
outgoing call capacity?
6. Are other means of disseminating the information inadequate to ensure proper
and time delivery of the information?
7. Is the message being sent follow up information to an emergency event in
progress?
If the answer to ALL of these questions is "Yes ", then an activation of the Mass Notification
System for emergency purposes may be warranted.
To assist with trigger points for potential message use topics refer to Attachment A
Emergency Responder Notifications are limited to:
1. Contacting first responders to advise of an emergency
2. Contacting first responders to report for duty due to an emergency
3. Contacting key staff regarding an emergency or crisis situation
Page 4 of 13
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
4. Contacting agency employees /DSWs to report at a different time or location (or
provide an update) due to an emergency
5. Exercises
Emergency considerations:
1. Notification shall clearly state situation is an emergency
2. Message length shall not exceed 60 seconds
3. It is highly recommended all messages are recorded using a real voice and not the
computer transcriber.
4. It is highly recommended to provide a phone number or website where the public can
obtain additional or updated information
5. An all clear notification should be sent when applicable
A. Inter - Department Communication
City and County Agencies may use the Mass Notification System for non - emergency inter-
departmental business communication as needed, without cost. It is recommended that
individual Agencies identify where this would add value to their operations and establish
separate written protocols and procedures for this use.
B. Non - Emergency Public Use
No agency shall use the Mass Notification System for non - emergency public
announcements unless a separate contract with the vendor is established. Non - emergency
use shall be consistent and in compliance with the non - emergency guidelines included
within. Any agency in violation of this term may have their use of the system suspended.
Additionally, E 911 data is not allowed to be utilized for non emergency use according to the
law California Public Utilities Code (CPUC) sections 2872 and 2891.1 and violators may be
subject to criminal enforcement. Jurisdictions will be limited to utilizing the self- registering
portal entry data only when launching non - emergency messages.
Agencies who contract to use the countywide System for non - emergency activity agree to
give precedence to emergency notification call -outs by delaying or terminating non -
emergency notification sessions if needed to increase emergency message success. The
primary concern for point of failure in this situation is not the Mass Notification System, but
the telephone port capacity of local phone providers responsible for delivering calls to
residents. Cost associated with non - emergency public notifications is the responsibility of
the local Agency, See section VIII.
Non - emergency public notification use is prohibited for any of the following purposes:
1. Any message of commercial nature
2. Any message of a political nature
3. Any non - official business (e.g. articles, retirement announcements, etc.)
4. To send a message to an E911 obtained data source; see Section III, Governance,
for additional information relating to E911 data use restrictions
Page 5 of 13
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
VI. AUTHORIZED SYSTEM USERS
A. Public Notifications
In general, use of the system in most cities is the responsibility of the local law enforcement
agency. Since law is responsible to make alert, notification and evacuation orders.
However, others may also be authorized to make notifications will be officials including ,
emergency management, fire and city manager departments.
County Administrator: The Orange County Sheriff's Department will act as the Countywide
Public Mass Notification System County Administrator. County Administrator responsibilities
are covered in section IX. System Administration and Operation.
County User: Orange County Sheriff's Department Emergency Communication Division (9-
1-1 dispatch), Control One and Emergency Management Division personnel will be setup
as "County" users. County Users will have permission to access and launch emergency
notifications to all jurisdictions within Orange County consistent with County Operational
Area public safety response guidelines. All other county agencies will have permission to
execute inter department notifications.
The Orange County Emergency Operations Center, when activated will be responsible for
all public notifications to unincorporated areas during an emergency. For day to day use of
the system for public safety incidents including but not limited to hazmats, felony crimes with
suspects still at large, the Orange County Sheriff's Department Commander will be
responsible for execution of messages.
Local Agency Administrator: A minimum of one designated Local Agency Administrator will
be required for each Agency participating in the countywide System. Local Agency
Administrator responsibilities are covered in section IX. System Administration and
Operation.
Local Agency User: Participating Agencies may have an unlimited number of Local Agency
Users. Local Agency Users will have access to resident contact records within their
jurisdiction as well as neighboring jurisdictions with an established MOU agreement. Local
Agency Users will be authorized and managed by the Local Agency Administrator and may
have varied system permissions.
Any City jurisdiction who has contracted police services (ex: Yorba Linda Police Services is
contracted with Brea Police Department) shall grant and provide access to their jurisdictions
system in order to launch messages in a timely manner.
• Water agencies are identified as local users under the Orange County Sheriff's
Department Emergency Management Division.
Inter - Department User: Inter - departmental users will have permission to inter - departmental
contact information only and are authorized to use the system solely for inter - departmental
communication including but limited to first responder or volunteer call -outs. Additional user
for special contact groups including In House Special Services (IHSS), access and
Page 6 of 13
County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
functional need cliental may be established with prior authorization from the Orange County
Sheriff's Department to ensure no vendor contract violations are occurring.
VII. ACTIVATION OF THE SYSTEM
Each City Jurisdiction is responsible for launching messages to affected citizens and
businesses within their jurisdiction. Determination of authority to request activation of the
Mass Notification System rest with local officials, not with the County of Orange or the
Orange County Sheriff's Department Emergency Management Division. Water agencies are
responsible for launching messages to affected citizens and businesses as identified in their
service district. The following is protocol to be followed when an emergency message is
launched anywhere in Orange County.
A. Public Notifications
1. The County of Orange is authorized to use the System to send notifications of regional
emergencies to any and all residents within the Operational Area (example: Countywide
quarantine order for a health alert). Upon sending a countywide notification, Orange
County Sheriff's Department Emergency Management Division will, as soon as possible,
advise the appropriate local Agency that mass notifications have been sent by the
County to residents of their cities. Pre - notification to emergency managers by email or
WebEOC of this AlertOC activation before actual delivery of the message will occur if
possible.
2. Other than regional emergency notifications, public notifications are the responsibility of
the individual City /Local Government. In the event that the geographical location of an
incident requires a message to be delivered to multiple jurisdictions, the responsible
Agency will inform each individual Agency so that they can send the message to those
affected within their own jurisdiction. Exception: Small unincorporated neighborhoods
embedded within City limits will receive mass notification of local city emergency activity
from City Officials. This does not include the unincorporated areas of Rossmoor,
Midway City, Cowan Heights, Lemon Heights, all canyons, Coto de Caza and Trabuco
Canyon areas. Any of the fore mentioned unincorporated areas by names, coordination
will have to occur with the Orange County Sheriff's Department/Watch Commander
when the EOC is not activated.
3. For a City wishing to send or receive messages to or from a neighboring Agency during
time of a multi - jurisdictional incident, an MOU should be established between both
parties that grants permission for the handling Agency to send emergency notification to
residents within the affected Agency. (Exception will be made for cities who have
contracted law enforcement services. No MOU will be required and access SHALL be
granted).
a. In the event no MOU has been established, the local city agency will contact the
Police Watch Commander who is the 24 hour warning point for all cities for
approval and coordination.
4. Water agencies sending information to the public will do so only to pre - loaded GIS
shape files containing their service areas. This procedure must occur due to the
overlapping jurisdictional boundary areas. Water agencies will launch messages under
the Orange County user account. Pre - notification to the Water Emergency Response of
Orange County (WEROC) emergency manager, and impacted city emergency
Page 7 of 13
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
managers will occur prior to the lunch of the message by email containing the AlertOC
message before actual delivery of the message will occur.
a. The WEROC Emergency Manager is responsible to notify and provide the
information to the OA/County Emergency Manager since the identification
information will show the County of Orange as the initiator.
5. In the event a participating Agency is unable to send out an emergency message, the
Orange County Control One Coordinated Communications Center is available to act on
the local Agency's behalf. Agencies that do not have a current MOU with the County
may also request Control One to send out an emergency message. Control One will not
be available to send internal notifications. All rules and guidelines are applicable. It is
still the responsibility of the local agency with the primary responsibility of the incident to
receive approval for adjacent jurisdictions on multi jurisdictional events. Attachment B is
the launch form containing all information required in order to launch a message.
Authority to request mutual aid assistance from Control One must be requested by a
Lieutenant or above (same protocols as requesting a Code Alex).
6. If the Operational Area EOC is activated, agencies may request to utilize the Orange
County Information Hotline 714 - 628 -7085 as the identification phone number for
residents and businesses to call to obtain additional information. Agencies are
requested to send a copy of the AlertOC script to the OA EOC before the message is
launched, if possible.
7. Participating Agencies are authorized to develop pre - established notification lists and
messages to meet their individual needs. These lists may include special populations
(e.g. in -home care, schools, etc) or those susceptible to certain risks (e.g. homes within
dam inundation zone). It is the responsibility of the participating Agency to create,
maintain and update these lists.
B. Emergency Response and Inter - Department Notifications:
1. Each participating Agency is authorized to create employee /volunteer and department
call lists and pre- recorded messages.
2. Any non -city agency wishing to create specialty groups which still contain public contact
information (ex: special needs callouts) may do so with prior consent. However, any
activation of information to any of these groups needs to be coordinated to ensure clear,
concise and accurate information is being dispersed. During emergencies, messages
will be coordinated with the Operational Area, Orange County Sheriff's Department
Emergency Management Division.
3. It is the sole responsibility of each participating Agency to maintain these lists and to
launch notifications as deemed necessary.
VIII. COSTS
The County of Orange agrees to fund the System for notifications classified as "emergency
use ". The County of Orange also agrees to continue to purchase updated E911 telephone
data and geographic maps.
Costs associated with use of the System for non - emergency activity is the responsibility of
the local Agency through separate contract with the mass notification Vendor.
Page 8 of 13
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
IX. SYSTEM ADMINISTRATION /OPERATIONS
Individual Agencies are responsible for providing logins and procedural training to key
individuals within their Agency responsible for using the Mass Notification System.
A. County Administrator
The Orange County Sheriff's Department will assign and maintain a designated Mass
Notification Program Administrator responsible for overall acquisition, accessibility,
maintenance, compliance and management of all components required to provide an
effective countywide mass notification system.
The County Administrator is responsible for:
1. System acquisition and contract management.
2. Policy management and as needed modification (in consultation with public safety,
emergency management and emergency response personnel.)
3. Audit compliance: routine monitoring of System use to insure policy and contract
compliance.
4. Access management: record management of signed MOU from each participating
Agency, distribution of local administrator accounts and updated local administrator
contact list.
5. Data management: E911 data acquisition, update and compliance monitoring.
Countywide map file acquisition, update and overall geo- coding.
6. Testing: facilitate routine System -wide test exercise, document overall test results and
recommend and execute, as needed, corrective action at the County level.
7. Public education campaign: initiate and facilitate public education campaign aimed at
making the public aware of the countywide public mass notification system initiative and
citizen web portal.
8. System support: provide support to Local Agency Administrators.
B. Local Agency Administrator
Participating Agencies agree to appoint a designated Mass Notification Local Administrator
responsible for leading, coordinating, monitoring and optimizing use of the Mass Notification
System at the local level. Local Agency Administrator shall act as the Agency's central point
of contact and will work collaboratively with the County Administrator to insure local use of
the system is within policy and MOU guidelines.
Local Agency Administrator is responsible for:
1. Contract acquisition if Agency will use the system for non - emergency purposes.
2. Local Agency Mass Notification Operating Procedure development and management.
3. Use compliance: routine monitoring to ensure System is used within the conditions and
terms of this document and associated MOU.
4. Access management: local user account distribution and management, record
management of MOU(s) and signed end user P &P.
5. Data management: perform routine data management, error - correcting and data integrity
updates to System contact and geo -coded map data.
Page 9 of 13
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
•
6. Testing: facilitate routine local System test exercise, document local test results and
recommend and execute, as needed, corrective action at the local level.
7. Public education campaign: initiate and facilitate public education campaign aimed at
making the local community aware of the intended use of the Mass Notification System
and citizen web portal.
8. System support: provide support to local Agency end - users.
X. INFORMATION SYSTEMS AND SUPPORT
The Orange County Sheriff's Department will acquire and maintain 24x7x365 vendor support
for the Mass Notification System. Participating Agencies are authorized to contact vendor
support as needed.
XI. ROUTINE TESTING
The Mass Notification System will be tested quarterly. Test exercises will be geared towards
insuring that use of the System in an emergency is optimized. This includes testing
operational readiness, activation procedures and system effectiveness as well as validating
data and system processes. Through test exercises, System administrators and users will be
able to observe the mode of operation to augment and refresh System and process
knowledge.
Specific test exercise routines, roles, responsibilities and schedule will be detailed in the
Operational Area Standard Operating Procedure document.
By signing the Mass Notification System MOU, participating Agencies agree to take part in
quarterly Mass Notification countywide test exercises.
XII. DEFINITIONS
System — All components of the Mass Notification System including hardware, software,
access portals, contact data and GIS maps.
2. Resident — Comprises households and businesses.
3. IVR — Interactive Voice Response is a phone technology that allows a computer to detect
voice and touch tones using a normal phone call. This technology will allow a user of the
Mass Notification System to launch a message to a pre- defined call list when a pc or
internet connection is not available.
4. Emergency - "Emergency" shall include, but not be limited to, instances of fire, flood, storm,
epidemic, riots, or disease that threaten the safety and welfare of the citizens and property
located within the boundaries of the county and participants' respective jurisdictions.
Page 10 of 13
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
Revision History:
Revision Date
Author
Description
April 18, 2008
PMNS Policy Committee
Document originated
May 19, 2008
June 16, 2008
May 2010
PMNS Executive Review Team
Teara LeBlanc
Vicki Osborn
Non-emergency session termination in Section V., Item C.
Exception clause in Section VII, Item A., bullet 2.
Revision of all sections
June 2012
Ra mond Cheunq
Revision for OCSD transition
May 2013
Raymond CheunQ
Revision for new vendor contract
Page I 1 of 13
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
Attachment A — Alert OC Triaaer Pnintc
Type of Incident
Description
Meets
Public
Safety
Criteria
Active Shooter
A shooting with armed individual or individuals is
Yes
occurring in a known area.
Boil Water
An unsafe water supply issue requiring the public to
Yes
Orders
boil water before use.
Building Fire
A fire occurring in an urban area requiring evacuation
Yes
or shelter in place for the immediate area.
Violent Crimes
Violent crimes that just occurred such as robbery,
Yes
assault, murder, etc.
Felony Suspect
Law enforcement is currently searching for a felony
Yes
at Large
suspect that is suspected to be in a certain area.
HazMat
Hazardous Materials incidents that require a fire /hazmat
Yes
response and may include evacuations or shelter -in-
place orders.
Health Orders
Any public health order made pursuant to County
Yes
Health Officer recommendations.
Missing Adult
12- 17 yrs with decreased mental capacity or medical
Yes
(920A) with
condition
special cires
Missing Child
12 yrs or younger 'Discussion add Amber alert
Yes
920C
triggers
Missing Juvi
18 yrs and older 12- 17 yrs with decreased mental
Yes
(920J)with
capacity or medical condition
special cires
Severe Weather
Weather warnings that forecast an occurring or
Yes
Related
imminent threat to public safety or coincide with
protective action recommendations such as voluntary
or mandatory evacuation orders.
Evacuation or
Voluntary or mandatory evacuation or shelter -in -place
Yes
Shelter -in -Place
orders.
Wildland Fire
A fire occurring in a wildland urban interface area
Yes
requiring immediate evacuation or shelter -in- place.
Road Closures
Unplanned road closures due to an emergency
Yes
situation.
Planned Events
Road closures due to community events planned in
N oo
advance.
Page 12 of 13
—Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
AlertOC Activation Form (for emergency use only)
(Attachment B)
Request Received
Date/Time:
By: (Name/Title)
jurisdiction Information
Jurisdiction Name:
Requestor: (Name/ntle)
Contact Phone Numbers: #1:
Authorizing Official:
(Namefritle)
Message Specifics
Date/1-ime Message to Be Sent: ❑ediately
Targeted Recipients:
Type of Message: ❑ Phone ❑ e-mail ❑ SMS
SMS Content:
Message Content:
Staff Executing Message
Initiator Name (printed):
Authorizing Sheriff Official:
Date and Time Sent:
Name, Date and Time Results
provided to jurisdiction_
Page 13 of 13
#2:
ACTION ITEM
June 3, 2013
TO: Board of Directors
FROM: Planning & Operations Committee
(Directors Osborne, Barbre, Hinman)
Item No.
Karl Seckel Staff Contact: Kelly Hubbard
Interim General Manager WEROC Program Manager
SUBJECT: Authorization for Staff to enter into Agreement with the County of
Orange for the Utilization of AlertOC
STAFF RECOMMENDATION
Staff recommends the Board of Directors authorize the MWDOC Interim General Manager
and /or the WEROC Program Manager to enter into a Memorandum of Understanding
(MOU) between the County of Orange and MWDOC for use of AlertOC, a countywide mass
notification system.
COMMITTEE RECOMMENDATION
Committee recommends (To be determined at Committee Meeting)
SUMMARY
AlertOC is Orange County's public mass notification system utilized to notify the public of
emergency events and actions that should be taken in response to those events. AlertOC is
currently used by the County, most Orange County cities, and most of the water districts.
Wastewater utilities are being invited to participate starting this year. AlertOC is funded and
managed by the Orange County Sheriff's Department Emergency Management Division.
The 2013 MOU between the County of Orange and MWDOC for use of AlertOC is an
extension of the same contract approved by the board in previous years. MWDOC has had
to sign a renewal contract each year since it signed on to utilize the system two years ago.
The 2013 MOU will go to the County Board of Supervisors on June 18th. However, it is
important that the agreement come to the Board now, as the current agreement expires on
June 30th. In the unlikely scenario that the Orange County Board of Supervisors amends
Budgeted (Y /N): N Budgeted amount: $0 Core X Choice
Action item amount. $0 Line item:
Fiscal Impact (explain if unbudgeted): This program is funded by the County.
MUNICIPAL
WATER
DISTRICT
OF
ORANGE
COUNTY
ACTION ITEM
June 3, 2013
TO: Board of Directors
FROM: Planning & Operations Committee
(Directors Osborne, Barbre, Hinman)
Item No.
Karl Seckel Staff Contact: Kelly Hubbard
Interim General Manager WEROC Program Manager
SUBJECT: Authorization for Staff to enter into Agreement with the County of
Orange for the Utilization of AlertOC
STAFF RECOMMENDATION
Staff recommends the Board of Directors authorize the MWDOC Interim General Manager
and /or the WEROC Program Manager to enter into a Memorandum of Understanding
(MOU) between the County of Orange and MWDOC for use of AlertOC, a countywide mass
notification system.
COMMITTEE RECOMMENDATION
Committee recommends (To be determined at Committee Meeting)
SUMMARY
AlertOC is Orange County's public mass notification system utilized to notify the public of
emergency events and actions that should be taken in response to those events. AlertOC is
currently used by the County, most Orange County cities, and most of the water districts.
Wastewater utilities are being invited to participate starting this year. AlertOC is funded and
managed by the Orange County Sheriff's Department Emergency Management Division.
The 2013 MOU between the County of Orange and MWDOC for use of AlertOC is an
extension of the same contract approved by the board in previous years. MWDOC has had
to sign a renewal contract each year since it signed on to utilize the system two years ago.
The 2013 MOU will go to the County Board of Supervisors on June 18th. However, it is
important that the agreement come to the Board now, as the current agreement expires on
June 30th. In the unlikely scenario that the Orange County Board of Supervisors amends
Budgeted (Y /N): N Budgeted amount: $0 Core X Choice
Action item amount. $0 Line item:
Fiscal Impact (explain if unbudgeted): This program is funded by the County.
Page 2
the MOU, that amendment will be sent out by the County to all jurisdictions as soon as
possible. The new MOU will cover use of the AlertOC system from July 1, 2013 through
June 30, 2017.
DETAILED REPORT
AlertOC is a public mass notification system that was initiated and is paid for by the County
of Orange. AlertOC is used to notify residents and businesses in the event of an emergency
in which the public should take protective action, such as evacuation orders or boil water
notifications. The system utilizes two databases for public notifications. The first is what is
called E911 data. E911 data includes all landline phone numbers provided by the telephone
companies. The second data set comes from self registration. The self- registration portal,
www.alertoc.com, allows for residents and people who work within Orange County to
register additional contact information such as emails, cell phone numbers, and to opt into
receiving text messages as well.
The system can also be used to create internal notification groups. Internal notification
groups may include such concepts as an "All Staff' group, a "Water Operations Group ", a
"Board Group ", an "EOC Shift 1", etc. These groups can be used to send specific messages
to staff to provide information or instructions. For instance WEROC may use this system to
send a message to its volunteer EOC staff to notify them of an EOC activation.
In order to utilize the system each agency is required to sign a Memorandum of
Understanding (attached) with the County and authorized users are required to attend
training on the use of the system. The MOU is primarily the same agreement that was
signed last year, with only minor changes. The MOU is largely to ensure the proper use of
the system and more specifically the E911 data. E911 data can only be used for emergency
notifications and cannot be used for any other purpose. Agencies are also strongly
encouraged to create an internal policy on use of the system, or to include its use in their
Crisis Communications Plan.
Currently, out of the thirteen water special districts, nine water utilities have chosen to
participate in the program. It is expected that these same nine water utilities will continue to
participate, as well as an additional four wastewater agencies. City Water Departments are
covered by City wide participation in the program.
Expected Utility Participation:
1. Costa Mesa Sanitary District
2. East Orange County Water District
3. El Toro Water District
4. Midway City Sanitary District
5. Moulton Niguel Water District
6. Municipal Water District of Orange County
7. Orange County Sanitation District
8. South Coast Water District
9. Serrano Water District
10. Santa Margarita Water District
11. Trabuco Water District
12. Yorba Linda Water District
13. South Orange County Wastewater Authority
Page 3
WEROC staff continues to assist the water utilities with training and system use. WEROC
will be hosting two refresher trainings in June that will include helping the agencies pre -load
their messaging, maps and internal notification groups. Additionally, WEROC is working
with the County Emergency Management Division staff to set up the annual AlertOC
regional test to be based on Water Utility service areas instead of being based on City
boundaries. This would be an import step in training for the utilities and in testing the system
for its capabilities as it relates to the districts.
Staff recommends the Board of Directors authorize the MWDOC General Manager and /or
WEROC Program Manager to enter into a Memorandum of Understanding (MOU) between
the County of Orange and MWDOC for use of AlertOC.
Attached: Memorandum of Understanding Between the County of Orange And
Participants For Use of Countywide Mass Notification System
ITEM NO. 9.3.
AGENDA REPORT
Meeting Date: June 27, 2013 Budgeted: No
To: Board of Directors Cost Estimate: $3,200
From: Steve Conklin, Funding Source: All Wtr Funds
Acting General Manager
Account Number: 1-2010-0640-00
Presented By: Steve Conklin,
Acting General Manager
Dept: Administration
Prepared By: Steve Conklin,
Acting General Manager
Subject: District Participation in MWDOC’s Poseidon Huntington Beach Water
Desalination CHOICE Program for FY 2013/14
SUMMARY:
At the May 28, 2013 MWDOC/OCWD/YLWD Joint Agency meeting, there was discussion of
the status of the potential Poseidon Huntington Beach Seawater Desalination Project. It was
noted that YLWD was not currently participating in the project working group at MWDOC, and
it was suggested by a YLWD Director that we may want to consider taking a more active role
in the discussions. This was further discussed at the June 25, 2013 Executive-Administrative-
Organizational (EAO) Committee meeting, at which time the EAO Committee requested that
this matter be brought to the Board to consider participation on the working group starting in
July 2013.
STAFF RECOMMENDATION:
That the Board of Directors consider District participation in the MWDOC CHOICE Program for
the Poseidon Project at a cost of approximately $3,200 for FY 2013/14.
DISCUSSION:
The information below was provided by MWDOC to explain the purpose of the Poseidon
Project Workgroup, cost of participation and potential benefits for participation.
What has been occurring over the past two years as part of the CHOICE Program for
the Poseidon Project is a “Workgroup,” comprised of approximately 20 agencies who
participate in all of the discussions regarding the Poseidon Project in meetings both with
and without Poseidon. The costs incurred by the “workgroup” consist of MWDOC staff
time (primarily Karl Seckel and Keith Lyon) for holding the meetings, coordinating
efforts, doing presentations, developing information, responding to questions, etc.
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
Participation in the Workgroup provides a “front-row seat” in the discussions and
provides an opportunity for the Participants to influence the discussions and direction.
The annual cost of the Poseidon Huntington Beach Ocean Desalination Choice
Program for FY13/14 is about $59,000 (about $3,100-$3,200/agency/year), which is an
estimate of the labor costs for MWDOC to facilitate the Program. MWDOC’s facilitation
is in conjunction with the Workgroup and Poseidon. Generally, agencies participate in
the Workgroup related to water reliability, water quality and cost issues from an
individual water utility perspective, but also from a regional perspective. Participating
agencies have direct input into the process of evaluating the potential Project, and if it
moves forward or as it moves forward, will be involved in decisions about the
configuration of the project and negotiations of contracts.
One of the key areas for YLWD would be whether or not the District can benefit from the
Project by receiving “wet” water or if exchange water is required to pass on the reliability
benefits to your service area. Receiving only exchange water would be beneficial under
an allocation plan, but would not provide “system” reliability benefits. Your Participation
could also open up discussions regarding interconnections and reliability sharing with
your neighboring agencies. A MWDOC Project Briefing Paper is attached for
information.
STRATEGIC PLAN:
SR1-C: Engage with Regional Agencies on Water Supply Issues
PRIOR RELEVANT BOARD ACTION(S):
None.
ATTACHMENTS:
MWDOC Project Briefing Paper
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
Huntington Beach Water Desalination Facility
Briefing Paper
Overview R
Due to uncertainties and risks associated with the availability and cost of imported water, Orange
County will benefit from the development of new, local sources of water to ensure long‐term water
reliability for the region. Ocean water desalination is just one part of a diverse water portfolio that
includes groundwater, recycling and conservation.
The proposed Huntington Beach Water Desalination Facility (Huntington Beach Facility) would serve
as a reliable source of safe drinking water for residents throughout Orange County.
The facility would produce 50‐million gallons of water per day (MGD) – enough water for more than
150,000 Orange County households per year. Once completed, the facility would provide
approximately 8% of Orange County’s total water supply.
The proposed facility would utilize the Huntington Beach Generating Station’s existing ocean water
intake/outfall infrastructure that is already in‐place and operating along Pacific Coast Highway –
requiring no additional development into the ocean and reducing potential construction costs.
The proposed Huntington Beach Facility would be built by Poseidon Resources (Poseidon), a U.S.‐
based company that specializes in developing and financing water infrastructure projects.
The Municipal Water District of Orange County (MWDOC) and 20 local retail water providers are
currently evaluating the potential benefits and costs of purchasing water from the Huntington Beach
Facility. To date, no binding commitments to purchase water from Poseidon have been made.
Southern California’s Need for Reliable Local Water Sources
Orange County’s local water resources are limited, so nearly half of Orange County’s drinking water
must be imported from the State Water Project and Colorado River Aqueduct. In fact, some areas of
south Orange County are nearly 90% reliant upon imported water supplies due to a lack of access to
groundwater. It is prudent to diversify our investments between imported and local water supplies
to ensure a robust water portfolio and system reliability for our region.
Huntington Beach Water Desalination Facility
Poseidon is proposing to develop the Huntington Beach Water Desalination Facility
adjacent to the Huntington Beach Generating Station located on Pacific Coast Highway
at Newland Street. This particular site was chosen because it would allow the
desalination facility to use the generating station’s existing intake/outfall
infrastructure, which uses seawater to cool its condensers. The project would produce
up to 50 MGD of drinking water and distribute it to residents and businesses
throughout Orange County.
Street Address: 18700 Ward Street, Fountain Valley CA 92708
Phone Number: (714) 963‐3058 Website: www.mwdoc.com
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
Project Benefits
Source of locally produced and controlled drinking water for Orange County.
Source of high quality drinking water that is low in total dissolved solids.
In case of a drought or natural disaster, the project would provide a reliable water supply.
Uses existing intake/outtake infrastructure already in operation by the Huntington Beach Generating
Station to reduce construction costs and minimize environmental impacts.
Construction of the facility will be at the site of unused storage tanks along Pacific Coast Highway, with
guaranteed site beautification and improvements extending to Newland Street.
Current Permits Received
The Huntington Beach Desalination Facility has received the following permits:
Conditional Use and Coastal Development Permits – The Huntington Beach City Council approved
these permits for the facility.
Discharge Permits – The California Regional Water Quality Control Board – Santa Ana Region approved
these necessary permits for the facility.
Drinking Water Permit – The California Department of Public Health Services has granted water
produced by the project a conceptual drinking water approval. The drinking water permit is necessary
to allow project water to enter the potable water distribution system for public consumption.
Lease Amendment Permits – The California State Lands Commission approved lease amendments
authorizing the facility to use existing offshore seawater intake and discharge facilities in‐use by the
Huntington Beach Generating Station.
Additional Permits Needed
In 2013, Poseidon will be seeking permit approvals from the California Coastal Commission.
Cost of Water
The Municipal Water District of Orange County and participating local retail water providers are evaluating the
cost of local and imported water supplies over the long‐term to support appropriate reliability planning for
Orange County’s future. In upcoming months, MWDOC and participating water providers may begin
negotiations with Poseidon Resources to determine the cost and terms of purchasing drinking water from the
Huntington Beach Desalination Facility. MWDOC’s role in the process is to lead the effort with approximately
20 participating local retail water providers to evaluate the potential benefits and costs of the project. While
desalinated ocean water is currently more expensive than imported water supplies, in the future, the cost of
desalinated ocean water is anticipated to be less expensive than imported water.
For more information, please contact:
Karl Seckel Darcy Burke, M.B.A.
Interim General Manager Director of Public Affairs
Municipal Water District Municipal Water District
of Orange County of Orange County
Phone: (714) 593‐5024 Phone: (714) 593‐5014
E‐mail: kseckel@mwdoc.com E‐mail: dburke@mwdoc.com
Street Address: 18700 Ward Street, Fountain Valley CA 92708
Phone Number: (714) 963‐3058 Website: www.mwdoc.com
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
AGENDA REPORT
Meeting Date: June 27, 2013
Subject: Personnel -Risk Management Committee
(Collett /Beverage)
ATTACHMENTS:
Name:
061113 PRM - Minutes.doc
• Minutes of meeting held June 11, 2013 at 4:00 p.m.
• Meeting scheduled July 9, 2013 at 4:00 p.m.
Description:
PRM Mtg Minutes 06/11/13
ITEM NO. 11.3
Type:
Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
PERSONNEL -RISK MANAGEMENT COMMITTEE MEETING
Tuesday, June 11, 2013 4:00 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The June 11, 2013 meeting of the Yorba Linda Water District's Personnel -Risk
Management Committee was called to order by Director Collett at 4:00 p.m. The
meeting was held in the Admin Conference Room at the District's Administration
Building located at 1717 East Miraloma Avenue in Placentia, California 92870.
2. ROLL CALL
COMMITTEE
3.
4.
Director Ric Collett, Chair
Director Michael J. Beverage
PUBLIC COMMENTS
None.
STAFF
Steve Conklin, Acting General Manager
Gina Knight, HR and Risk Manager
DISCUSSION ITEMS
4.1. Status of Microsoft Dynamics Great Plains Consultant (Verbal Report)
Staff reported to the Committee members that progress was being made
with the new consultant. The new consultant understands the operational
needs of the Human Resources (HR) department as well as how the work
should flow from HR to Payroll. Staff confirmed that $10,000 was
budgeted for FY 2013 -2014 to train HR staff on how to use Great Plains —
HR software.
4.2. Status of Human Resources Branding (Verbal Report)
Staff presented several different examples of branding the HR
department. The examples included words that represented the three
divisions within the HR department. The Committee preferred two out of
the three examples presented and recommended staff to proceed with any
of the preferred examples.
4.3. Status of Performance Evaluations (Verbal Report)
Staff reported on the status of any past -due performance evaluations.
The Committee members were informed that drafts of these past -due
evaluations had recently been reviewed by HR and were in the process of
being presented to the employees.
1
4.4. Status of Assessment of Job Descriptions and Titles (Verbal Report)
Staff informed the Committee members that beginning with the new fiscal
year the job assessment /skill requirement forms would be distributed to
both the Management and Supervisory /Confidential employee groups.
This is the first step in assessing the job descriptions to the actual job
duties being performed by those employees.
4.5. Human Resources, Risk Management, and Safety Activity
Staff informed the Committee members that the Instrumentation
Technician vacant position would be filled on June 17, 2013. The
recruitment for the Safety and Training Coordinator position would
commence within the next two weeks.
4.6. Future Agenda Items and Staff Tasks
None.
5. ADJOURNMENT
5.1. The meeting was adjourned at 5:15 p.m. The next Personnel -Risk
Management Committee meeting is scheduled to be held Tuesday, July 9,
2013 at 4:00 p.m.
2
AGENDA REPORT
Meeting Date: June 27, 2013
Subject: YLWD -City of Placentia Joint Agency Committee
(Melton /Hawkins)
• Minutes of meeting held June 17, 2013 at 9:30 a.m.
• Meeting to be scheduled in Fall 2013.
ATTACHMENTS:
Name:
061713 City of Placentia - Minutes.docx
Description:
YLWD /City of Placentia Mtg Minutes 06/17/13
ITEM NO. 11.7
Type:
Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
JOINT COMMITTEE MEETING WITH CITY OF PLACENTIA
Monday, June 17, 2013 9:30 a.m.
1717 E Miraloma Ave, Placentia CA 92870
The June 17, 2013 meeting of the YLWD /City of Placentia Joint Agency Committee was
called to order at 9:30 a.m. The meeting was held in the District's Training Room
located at 1717 E Miraloma Avenue, Placentia CA 92870.
1. CALL TO ORDER
2. ROLL CALL
91
4
5.
YLWD COMMITTEE MEMBERS
Gary T. Melton, Board President
Phil Hawkins, Director
CITY OF PLACENTIA MEMBERS
Scott W. Nelson, Mayor
Chad P. Wanke, Councilmember
PUBLIC COMMENTS
None.
PRESENTATIONS
YLWD STAFF
Steve Conklin, Acting General Mgr
Anh Nguyen, GIS Administrator
Rick Walkemeyer, SCADA Admin
CITY OF PLACENTIA STAFF
Troy L. Butzlaff, City Administrator
Eddie De La Torre, Mgmt Analyst
David McLaren, Production Asst
Antonia Graham, Mgmt Analyst
4.1. District GIS Capabilities Demonstration
Mrs. Nguyen and Mr. Walkemeyer provided a power point presentation of
the background, development and current capabilities of the District's GIS
system. At the conclusion of the discussion, City of Placentia staff was
invited to call if they had further questions about the system and its
capabilities.
ACTION CALENDAR
5.1. Minutes of the YLWD /City of Placentia Joint Agency Committee Meeting
held February 4, 2013
The Council members and District board members had no changes or
corrections to the minutes from the prior meeting.
1
6. DISCUSSION ITEMS
6.1. Vehicle and Equipment List for Each Agency
The subject list for each agency was reviewed. It was noted that each
agency has specialty vehicles and equipment that may be used
infrequently, and that making those available under a shared - services
agreement could be of mutual benefit. There was discussion as to the
hourly cost for use, if an operator would be required, and the agreement
under which the equipment would be provided. Mr. Butzlaff indicated
LAFCO has been encouraging this idea, as a cost - saving measure for
public agencies. He will contact LAFCO for information about a shared -
services agreement and will update the Joint Agency Committee on his
findings at our next meeting.
6.2. Water -Use Efficiency Programs
Mr. Conklin referred to the attachment, which provided information on
water -use efficiency programs available through MWDOC and MWD. Mr.
Butzlaff noted that he and his staff were familiar with the programs
available and the potential rebates and incentives. He indicated that the
savings were a relative small percentage or were over a long period of
time. As an alternative, the City was interested in pursuing a water - saving
landscape modification project in which the District would participate in the
upfront costs as a demonstration project. Following discussion, it was
agreed that City staff will send information to the District on the proposed
improvements for the areas under consideration. This idea will be further
discussed at the next Joint Agency Committee meeting.
7. ADJOURNMENT
7.1. The meeting was adjourned at 10:45 a.m. The next YLWD /City of
Placentia Joint Agency Committee meeting will be later scheduled for a
time in the fall.
0
Meeting Date
Subject:
ATTACHMENTS:
AGENDA REPORT
June 27, 2013
Meetings from June 28, 2013 - August 31, 2013
ITEM NO. 13.1
Name: Description: Type:
BOD - Activities Calendar.pdf Backup Material Backup Material
Board of Directors Activity Calendar
Event Date Time Attendance by:
June 2013
Finance - Accounting Committee Meeting Fri, Jun 28 8:OOAM Hawkins /Melton
Employee Picnic Sat, Jun 29 11:OOAM
July 2013
Board of Directors Workshop Meeting
Mon, Jul 1
8:30AM
Kiley /Hawkins
Yorba Linda City Council
Tue, Jul 2
6:30PM
Kiley
MWDOC /MWD Workshop
Wed, Jul 3
8:30AM
Melton
OCWD Board
Wed, Jul 3
5:30PM
Kiley
District Offices Closed
Thu, Jul 4
7:OOAM
Melton
Planning- Engineering- Operations Committee Meeting
Mon, Jul 8
12:OOPM
Kiley /Hawkins
Personnel -Risk Management Committee Meeting
Tue, Jul 9
4:OOPM
Collett/Beverage
LAFCO
Wed, Jul 10
8:30AM
Beverage
Pub Affairs - Communications -Tech Committee Meeting
Wed, Jul 10
4:OOPM
Beverage /Collett
Yorba Linda Planning Commission
Wed, Jul 10
7:OOPM
Melton
Board of Directors Regular Meeting
Thu, Jul 11
8:30AM
Melton /Kiley
WACO
Fri, Jul 12
7:30AM
Hawkins /Kiley
Exec - Admin- Organizational Committee Meeting
Tue, Jul 16
4:OOPM
Melton /Kiley
Yorba Linda City Council
Tue, Jul 16
6:30PM
Collett
MWDOC Board
Wed, Jul 17
8:30AM
Melton
Organizational Efficiency Ad Hoc Committee Meeting
Wed, Jul 17
3:OOPM
Beverage /Hawkins
OCWD Board
Wed, Jul 17
5:30PM
Kiley
Citizens Advisory Committee Meeting
Mon, Jul 22
8:30AM
Beverage
Finance - Accounting Committee Meeting
Mon, Jul 22
12:OOPM
Hawkins /Melton
Joint Committee Meeting with MWDOC and OCWD
Tue, Jul 23
4:OOPM
Beverage /Melton
Yorba Linda Planning Commission
Wed, Jul 24
7:OOPM
Hawkins
Board of Directors Regular Meeting
Thu, Jul 25
8:30AM
August 2013
Planning- Engineering- Operations Committee Meeting
Thu, Aug 1
3:OOPM
Kiley /Hawkins
WACO
Fri, Aug 2
7:30AM
Hawkins /Kiley
Pub Affairs - Communications -Tech Committee Meeting
Mon, Aug 5
4:OOPM
Beverage /Collett
Yorba Linda City Council
Tue, Aug 6
6:30PM
Kiley
MWDOC /MWD Workshop
Wed, Aug 7
8:30AM
Melton
OCWD Board
Wed, Aug 7
5:30PM
Kiley
Board of Directors Regular Meeting
Thu, Aug 8
8:30AM
Personnel -Risk Management Committee Meeting
Tue, Aug 13
4:OOPM
Collett/Beverage
LAFCO
Wed, Aug 14
8:30AM
Beverage
Yorba Linda Planning Commission
Wed, Aug 14
7:OOPM
Melton
Exec - Admin- Organizational Committee Meeting
Tue, Aug 20
4:OOPM
Melton /Kiley
Yorba Linda City Council
Tue, Aug 20
6:30PM
Collett
MWDOC Board
Wed, Aug 21
8:30AM
Melton
OCWD Board
Wed, Aug 21
5:30PM
Kiley
Joint Committee Meeting with City of Yorba Linda
Wed, Aug 21
6:OOPM
Kiley /Beverage
Board of Directors Regular Meeting
Thu, Aug 22
8:30AM
Citizens Advisory Committee Meeting
Mon, Aug 26
8:30AM
Beverage
Finance - Accounting Committee Meeting
Mon, Aug 26
12:OOPM
Hawkins /Melton
Yorba Linda Planning Commission
Wed, Aug 28
7:OOPM
Hawkins
ISDOC
Thu, Aug 29
11:30AM
Collett
6/20/2013 4:21:39 PM