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HomeMy WebLinkAbout2013-10-07 - Planning-Engineering-Operations Committee Meeting Agenda PacketYorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT PLANNING - ENGINEERING - OPERATIONS COMMITTEE MEETING Monday, October 7, 2013, 12:00 PM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. ROLL CALL COMMITTEE Director Robert R. Kiley, Chair Director Michael J. Beverage, Alternate STAFF Steve Conklin, Acting General Manager John DeCriscio, Operations Manager 3. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 4. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 4.1. Terms and Conditions for Water and Sewer Service with King Family Trust, Tract 16488 Recommendation. That the Committee recommend the Board of Directors approve the Terms and Conditions for Water and Sewer Service with the King Family Trust, Tract No. 16488, Job No. 200911. 4.2. Approval of Change Order No. 3 for the 2012 Waterline Replacement Phase II Project Recommendation. That the Committee recommend the Board of Directors approve Change Order No. 3 in the amount of $34,013.69 and no additional days to TBU Construction Inc., for construction of the 2012 Waterline Replacement Phase 11 Project, Job No. 2011 -20. 4.3. Award of Construction Contract for the Drilling of Well No. 21 Recommendation. That the Committee recommend the Board of Directors authorize execution of a Construction Contract to the lowest responsible bidder, Bakersfield Well & Pump Co. in the amount of $863,345 for the Drilling of Well No. 21. 4.4. Award of Wellhead Equipping Design for Well No. 21 Recommendation. That the Committee recommend the Board of Directors authorize execution of a Professional Services Agreement with Stantec Consulting Services, Inc, to provide engineering design, bidding support services, and construction management for Wellhead Equipping of YLWD Well No. 21 in the amount not to exceed $147,258. 4.5. Amendment No. 1 to Professional Services Agreement with CDM Smith for Hydrogeologic Services for Well No. 21 Recommendation. That the Committee recommend the Board of Directors approve Amendment No. 1 in the amount of $10,620 to CDM Smith for Hydrologic Services to provide full -time oversight monitoring during the drilling of Well No. 21. 4.6. Quitclaim Deed and Relocation of Easement for 4830 Roosevelt Court Recommendation. That the Committee recommend the Board of Directors. (1) authorize the President and Secretary to execute a Quitclaim Deed to Mr. & Mrs. Michael Minnick for abandoning the southerly 15 -foot wide District easement in Book 863, Pages 22 to 25 of Official Records of Orange County; and (2) authorize execution of an Easement Deed within the actual pipeline alignment within the same property. 4.7. Quitclaim Deed for 18151 Catalina Court Recommendation. That the Committee recommend the Board of Directors authorize the President and Secretary to execute a Quitclaim Deed to Mr. & Mrs. William Akers for abandoning the northerly 59.31 feet of the 15 -foot wide District easement, as Instrument No. 20010763330 of Official Records of Orange County. 4.8. Supplemental Declaration for Amalfi Hills Recommendation. That the Committee recommend the Board of Directors approve the Supplemental Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Amalfi Hills. 5. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 5.1. City of Yorba Linda 2013 -14 Pavement Resurfacing - Valve and Manhole Adjustments 5.2. Status of OCWD Annexation Process (Verbal Report) 5.3. Status of Cielo Vista and Esperanza Hills Development Projects (Verbal Report) 5.4. Monthly Groundwater Production and Purchased Import Water Report 5.5. Monthly Production Summary Report 5.6. Maintenance Division Preventative Maintenance Report 5.7. Groundwater Producers Meeting Report for September 2013 5.8. Status Report on Capital Projects in Progress 5.9. Status of Strategic Plan Initiatives 5.10. Future Agenda Items and Staff Tasks 6. ADJOURNMENT 6.1. The next Planning- Engineering- Operations Committee meeting is scheduled to be held Wednesday, November 13, 2013 at 12:00 p.m. Items Distributed to the Committee 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 Committee 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. Meeting Date: Io From: Presented By: Prepared By Subject: SUMMARY: AGENDA REPORT October 7, 2013 Planning- Engineering- Operations Committee Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Ariel Bacani, Engineering Technician II Budgeted: Funding Source: Account No: Job No: Dept: Reviewed by Legal: CEQA Compliance: ITEM NO. 4.1 N/A Developer Funded 1/2-2600 200911 Engineering N/A N/A Terms and Conditions for Water and Sewer Service with King Family Trust, Tract 16488 The King Family Trust is proposing to develop its 20 -acre site with 11 residential lots in the upper Casino Ridge area, as shown in the attached exhibit. Terms and Conditions for the proposed project were approved by the Board on October 13, 2011. Due to the six -month expiration from the approval date, the King Family is requesting reapproval of the Terms and Conditions. A representative for the King Family is planning to attend the PEO Committee meeting to discuss the project and the request for reapproval. A letter to that effect from the King Family is attached. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors approve the Terms and Conditions for Water and Sewer Service with the King Family Trust, Tract No. 16488, Job No. 200911. DISCUSSION: The King Family Trust, doing business as Yorba Linda Outpost Development Co., LLC, owns 20.01 acres in the upper Casino Ridge area that they propose to develop into 11 residential lots. Of that 20 acres, approximately 10 acres would be developed as building pads and irrigated common areas and 10 acres would remain as non - irrigated undisturbed hillsides. The attached exhibit shows the location of the proposed development, the nearby developed areas, and existing and proposed water and sewer mains. Several issues of concern regarding water service to this tract were examined, discussed and ultimately addressed and approved by the Board in 2011. The items of concern relate to Items 47 through 49 of the attached Terms and Conditions. Item 47 relates to water storage for the project, which is provided by gravity flow from the District's Chino Hills Reservoir. It was acknowledged that, while the reservoir can and would supply water for fire protection for the new development (subject to completion of the water pipeline required in Item 48), the remaining capacity of the existing reservoir is otherwise committed to other residential developments for operational and emergency storage. It was also acknowledged that because of its location in Chino Hills State Park, obtaining additional land to expand Chino Hills Reservoir was not feasible. Therefore, it was agreed that, in lieu of constructing additional water storage, the King Family would provide a payment of $127,263.00 to fund other District capital facilities supporting water supply and transmission improvements to the pressure zone serving the proposed development. This payment would be due prior to the installation of the water main. Item 48 concerns the issue of meeting fire flow requirements. Computer -based modeling of the existing water distribution system in the lower Casino Ridge area that would be extended to feed the proposed development, showed that the existing system could not deliver the required water flow at the minimum required pressure for fire protection to the new pad elevations. However, the modeling also showed that by adding a 12 -inch pipeline from San Antonio Road connecting into the proposed water main in Casino Ridge Road, fire flow requirements could be met. Accordingly, the King Family agreed to pay for the construction of this pipeline as a condition of development. Item 49 concerns the issue of water pressure to the proposed residences. The building pad elevation of the highest residences will be such that the water pressure will be no more than 30 to 40 psi - and less than this during times of high demand. This is because the water elevation in Chino Hills Reservoir (when full) is only 100 feet higher than the pad elevations. Thus, the only means to increase pressure is with private booster pumps. Following several discussions on the issues and shortcomings of individual residential booster pumps, the King Family requested that they be allowed and District staff agreed, subject to the conditions noted in Item 49. In the attached letter of September 30 from Andrew King, he indicates that there has been no change in the District's water system in the area of the proposed development and no change in the plans proposed by the King's. Therefore, he is requesting that the new Terms and Conditions be identical or very similar to those approved in 2011. District staff agrees with this assessment and recommends that the subject project be allowed to proceed under the attached Terms and Conditions for Water and Sewer Service. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors previously approved the Terms and Conditions for Water and Sewer Service for King Family Trust, Tract 16448, on October 13, 2011. ATTACHMENTS: Description: Type: 200911 TC 102413.docx Terms & Conditions for Water & Sewer Service with King Agreement Family Trust, Tract 16488 200911 EXHIBIT.pdf Exhibit of Proposed Water & Sewer Improvements for Exhibit King Family Trust, Tract 16488 T. 16488 T C Ltr. - Mr. Andrew King 09 -30 -13.0 T16488 T &C Ltr. - Mr. King 09 -30 -13 Backup Material Date: October 24, 2013 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER AND SEWER SERVICE NAME OF APPLICANT: KING FAMILY TRUST, dba: Yorba Linda Outpost Development Co., LLC LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD TRACT NUMBER: 16488 JOB NUMBER: 200911 LOT(S): 11 The applicant will be required to complete to the satisfaction of the District the following items that have an "X" following the number. 1) X The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) X The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) X The applicant shall submit two (2) sets of the following drawings to the District for plan check processing: a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 4) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. 5) X The applicant shall dedicate or obtain all easements deemed necessary by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 6) X The applicant shall provide the District with a copy of the Recorded Tract /Parcel Map(s) illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 7) X The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. 8) X The applicant shall furnish the District with a 24 -hour emergency telephone number prior to the District's approval of the construction plans. Page 2of5 NAME OF APPLICANT: KING FAMILY TRUST LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD 9) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 10) X_ The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 11) X_ The applicant shall provide, per the District specifications, one complete set of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or later) for the Water and Sewer facilities. 12) X_ The applicant shall complete an Application to and Agreement for Water Service. 13) X_ The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 14) X_ The applicant shall pay meter fees associated with the installation of radio read meters for this project. 15) X_ The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 16) X_ The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. 17) X_ The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan and the District's Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 18) X_ The applicant's water facilities upstream to and including the meter shall be District owned and maintained. 19) X_ The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test. A District representative shall be present to witness the flow test. 20) X_ The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 21) X_ The applicant shall install one 1 water Sampling Station in conformance with the District's Standard Plans. Page 3of5 NAME OF APPLICANT: KING FAMILY TRUST LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD 22) X_ The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 23) X_ The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 24) _ All existing water services that are not useable in the new plan shall be cut and plugged and properly abandoned at the main pipeline connection point. 25) X_ The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 26) X_ The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 27) X_ The applicant shall adjust and raise to grade all valve covers within the limits of this project. 28) X_ The applicant shall install a pressure regulator in all dwellings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 29) X_ The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to temporarily serve the new dwellings. 30) X_ The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. 31) X_ The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 32) X_ The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly prior to the water meters being turned on for service. 33) X_ The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 34) X_ The applicant and their successors (through required disclosure by the applicant) shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District's Backflow Prevention Program and the Page 4of5 NAME OF APPLICANT: KING FAMILY TRUST LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross - Connections. 35) _ The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 36) X_ The applicant shall complete an Application to and Agreement for Sewer Service. 37) X_ The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Sanitary Sewer Service. 38) X_ The applicant shall pay all of the sewer fees as required by the Rules and Regulations of the District. 39) X_ The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan, applicable Sub -Area Master Plans and Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 40) X_ The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 41) X_ The applicant's sewer facilities in Casino Ridge Road shall be District owned and maintained. 42) X_ The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District's Plans and Specifications. 43) X_ The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. 44) X_ The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 45) X_ The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector and shall include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. (END OF STANDARD TERMS AND CONDITIONS) Page 5of5 NAME OF APPLICANT: KING FAMILY TRUST LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD PROJECT SPECIFIC TERMS AND CONDITIONS 46) X_ The applicant shall provide the District with a copy of the soils report for the proposed project. If the report indicates corrosive soil conditions, the applicant shall be responsible for conducting a soil corrosivity study, applicant's corrosion engineer shall provide recommendations for cathodic protection to be reviewed and approved by the District. 47) X_ In lieu of providing water storage for the project, the applicant shall provide a payment of $127,263.00 for capital funding for the District for water supply and transmission improvements. Payment shall be due prior to the installation of the 12 -inch diameter water transmission pipeline. 48) X_ The applicant shall construct a 12 -inch diameter water transmission pipeline from the existing 12 -inch diameter stub located on San Antonio Road, extending easterly to and through the subject project and connect to the water main to be constructed in Casino Ridge Road as part of the proposed development project. 49) X_ The applicant shall install individual water pumps with approved backflow prevention assemblies, comply with Terms and Conditions No. 32 for such assemblies and shall execute a Declaration of Restrictive Covenants noticing buyers of possible low pressure conditions and the existence of private pressure pump systems. 50) X_ The applicant shall not proceed with any above -grade construction of homes until after completion of the 12 -inch water main described above, and the completion of the water main, fire hydrants and sewer main in Casino Ridge Road. I hereby certify that the foregoing Terms and Conditions were approved at the October 24, 2013 Regular meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Application to and Agreement with the Yorba Linda Water District for Water and Sewer Service is not executed for the project under consideration. Steve Conklin, P.E. Acting General Manager PROJECT LEGEND: PROJECT LOCATION LOTS LOCATED IN TRACT 16488 PREPARED BY: ELYORBA LINDA WATER DISTRICT w1717 MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701 -3000 EXHIBIT KING FAMILY TRUST TRACT NO. 16488 SCALE: NO SCALE DATE: 8/29/2011 FILENAME: 200911 10/01/2013 15:33 FAX, 6269146254 September 30, 2013 Mr. Stove Conklin Acting General Manager Yorba Linda Water District P.O. Box 309 Yorba Linda, CA 92885 Re: Terms and Conditions for Water & Sewer Service Dear Nv r. Conklin, The Yc rba Linda Outpost Development CYLOD) understands the Terms and Condit ions for Water and Sewer Service for our project - Tract No. 16488. have expired, Our teiun has been working with adjacent homeowners and their respective Home(wners Association to insure our project blends in seamlessly. We are almost finisher with our discussions and meetings and would like to move forward with our pr, eject. We respectively request that a new set of Terms and Conditions be issued, As our project has not changed and the District's water system in our immediate area arid pressure zone is the same, we would expect the new set of Terms and Condit. cans to be identical or very similar to those conditions approved in 2011. We understand you have tentatively scheduled our project to be presented to the Planni)iil;- Engineering- Operations Committee for their review and approval on October 7, 2013 at 12 :00 p.m. We will have our representatives presentto answer any qu >stions you or the Committee may have. If theiE is anything the District needs or if the dates and /or times change, please contacl Mr. Gordon Thomson at (714) 222 -7578 or at bcokerCu � Best Rcgards, Andrew King Yorba Linda Outpost Development Cc: GoriJon Thomson Z 002/002 Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT October 7, 2013 Planning- Engineering- Operations Committee Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Budgeted: Total Budget: Cost Estimate: Funding Source: Account No: Job No: Dept: Reviewed by Legal Joe Polimino, Project Engineer CEQA Compliance: ITEM NO. 4.2 Yes $1.12 M $1.5 M Water Capital Reserves 101 -2700 2011 -20 Engineering No Exempt Approval of Change Order No. 3 for the 2012 Waterline Replacement Phase II Project Work is proceeding on construction of the 2012 Waterline Replacement Phase II Project. Submitted for consideration is construction Change Order No. 3. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors approve Change Order No. 3 in the amount of $34,013.69 and no additional days to TBU Construction Inc., for construction of the 2012 Waterline Replacement Phase II Project, Job No. 2011 -20. DISCUSSION: In accordance with the contract documents, TBU Construction, Inc. submitted the proposed Change Order No. 3 due to additions and modifications, as well as District - initiated changes encountered during the course of construction to date. A copy of Change Order No. 3 is attached for your review and details are provided below for items having a substantial cost change to the contract. Item 3: The Phase II Waterline contract included pipe and valve replacements at the Hidden Hills pump station location. This required extensive work in Hidden Hills Road, including installation of a new four -way valve cluster, various pre- manufactured 90- degree pipe "Specials," field welding, tunneling under existing curb and gutter, and multiple tie -ins including one within the horse trail and another to the District's pump station. Due to a five -day constraint placed by both the City of Yorba Linda (for additional traffic controls and minimum impact to local residents) and the District (to keep up with high water demands during this time period), the contractor was required to schedule additional overtime hours and extra labor to complete this portion of the work and assure the pump station was back on -line within the five -day period. The cost of this item is $14,991.46 and no additional days. Item 5: While reviewing the approved plans for the Sunwood Lane PRV, the Operations Department requested the following changes be made to the design: Upsize piping from 2" Copper to 4" ductile iron to match existing piping arrangement and maximize flow; change all 2" gate valves to 4" gate valves to match upsized piping; and add vault vents, for improved air flow to help prevent moisture buildup inside the vault and protect the piping from corrosion. The cost for these changes was $9,708.51 and no additional days. The status of the construction contract with TBU Construction Inc. is as follows: • The current contract is $1,407,553.92 and 370 calendar days starting February 1, 2013. • If approved, Change Order No. 3 adds $34,013.69 (2.4% of the current contract amount) and no additional calendar days. • If approved, the revised construction contract amount is $1,441,567.61 (6.0% changes from the original contract amount) and 370 calendar days. Staff and RBF Engineers, the District's design engineer, reviewed the change order request items and recommend approval. STRATEGIC PLAN: SR 3 -A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011 -2015 with adopted amendments PRIOR RELEVANT BOARD ACTION(S): The Board authorized the President and Secretary to execute a construction agreement in the amount of $1,359,300.11 for the 2012 Waterline Replacement Project, Phase II with TBU Inc., on November 21, 2012. The Board has approved two change orders and seven progress payments to date for this project, the last of which was approved on September 26, 2013. ATTACHMENTS: Description: Type: TBU Change Order No 3.pdf TBU Change Order No. 3 Phase II Waterline Project Backup Material YORBA LINDA WATER DISTRICT CONTRACT NAME: CONTRACTOR: PROJECT NUMBER: OWNER: CHANGE ORDER NO. 3 DATE 9116113 Page 1 of 1 Yorba Linda Blvd. Pipeline Project CONTRACT AMT.: $1,407,553.92 DAYS: 370 TBU Construction Inc. 2011 -20 THIS CHANGE: $34,013.69 DAYS: 0 (2.4 %) — Yorba Linda Water District REVISED CONTRACT AMT: $1,441,567.61 DAYS: 370 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner. DESCRIPTION OF CHANGES +INCREASE CONTRACT / OR TIME +EXTENSION – DECREASE IN /OR- CONTRACT REDUCTION AMOUNT ($) (DAYS) 1 Remove & Install unknown R/R Ties at Horse Trail location $2,199.02 0 2) Excavation around unknown existing lines, Richfield Rd. Station 12 +30 $2,898.55 0 3 Extra overtime and work necessary at Hidden Hills Location on 6/21/13 $14,991.46 0 4 Richfield Rd. work to jackhammer due to unknown concrete and extra welding $2,520.92 0 5 Operations Dept. changes and additions to the Sunwood PRV Station $9,708.51 0 6 Remove additional existing valve for fire hydrant on Richfield Rd. $1,695.23 0 NET CHANGE $34,013.69 0 REVISED CONTRACT AMOUNT AND TIME $1,441,667.61 370 The amount of the contract will be increased tdesreased> by the sum of $34,013.69 and the contract time shall be increased tdesreased} by 0 calendar days. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. This Change Order constitutes full, final, and complete compensation to the Contractor for all costs, expenses, overhead, profit, and any damages of every kind that the Contractor may incur in connection with the above referenced changes in the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By the execution of the Change Order, the Contractor accepts the contract price change and the contract completion date change, if any, and expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above - referenced changes. RECOMMENDED: /ENGINEER OR DATE: CONSULTANT on Yqj5efyarna Project Manager, RBF ConsL r g ACCEPTED: /CONTRACTOR DATE: G [U , 3 r _L Ted Burton Presi nt, TBU Construction Inc. APPROVED: DATE: /OWNER Steve Conklin Acting General Manager, YLWD Meeting Date: To: From: Presented By: Prepared By Subject: SUMMARY: AGENDA REPORT October 7, 2013 Planning- Engineering- Operations Committee Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Budgeted: Total Budget: Cost Estimate: Funding Source: Account No: Dept: Reviewed by Legal: ITEM NO. 4.3 Yes $1,000,000 $863,345 Water Capital Reserves 2009 -22 Engineering N/A Derek Nguyen, Water Quality CEQA Compliance: Exempt Engineer Award of Construction Contract for the Drilling of Well No. 21 The District has received construction bids for the drilling of Well No. 21 on September 19, 2013. The bid results were as follows: Contractor Bid Amount Bakersfield Well & Pump Co. $ 863,345.00 Best Drilling & Pump, Inc. $ 941,910.00 Layne Christensen Co. $ 1,041,500.00 STAFF RECOMMENDATION: That the Committee recommend the Board of Directors authorize execution of a Construction Contract to the lowest responsible bidder, Bakersfield Well & Pump Co. in the amount of $863,345 for the Drilling of Well No. 21. DISCUSSION: As part of the District's on -going Capital Improvement Plan, project specifications were completed for the Drilling of Well No. 21 to be located at the Northwest corner of Conrock Basin, one of OCWD's recharge facilities. In December 2012, the District signed a 50 -year lease agreement with OCWD allowing the District to plan and construct the future Well No. 21 on OCWD's property. Staff solicited bids and conducted a Pre -Bid meeting on September 4, 2013. Bids were received on September 19, 2013, with results as noted above. Staff reviewed the bid package of Bakersfield Well & Pump Co. as well as recent work references and status of its Contractor's license. All were in order. 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 December 20, 2012, the Board of Directors approved a Professional Services Agreement with CDM Smith in the amount of $117,740 to provide hydrogeologic services to evaluate two potential well sites and provide well drilling design, specifications and inspection services. On December 20, 2012, the Board of Directors authorized approval and execution of the 50 -year Lease Agreement between Orange County Water District and Yorba Linda Water District for the Well 21 site. Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT October 7, 2013 Planning- Engineering- Operations Committee Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Derek Nguyen, Water Quality Engineer Budgeted: Total Budget: Cost Estimate: Funding Source: Job No: Dept: Reviewed by Legal: CEQA Compliance: Award of Wellhead Equipping Design for Well No. 21 ITEM NO. 4.4 Yes $150,000 $147,258 All Water Funds 200922 Engineering N/A MND Staff solicited proposals to provide engineering design, bidding support services and construction management for Wellhead Equipping of YLWD Well No. 21 and received 7 proposals from qualified engineering firms. Following a technical evaluation and based upon the overall experience and qualifications, staff recommends award to Stantec Consulting Services, Inc. in the amount not to exceed $147,258. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors authorize execution of a Professional Services Agreement with Stantec Consulting Services, Inc, to provide engineering design, bidding support services, and construction management for Wellhead Equipping of YLWD Well No. 21 in the amount not to exceed $147,258. DISCUSSION: Staff prepared a Request for Proposal to provide engineering consulting services for design, bidding support, and construction management for Wellhead Equipping of Well No. 21. Proposals were received from 7 qualified engineering firms on September 17, 2013. The District's review team ranked and scored the proposals based on experience, content, and understanding of the project. Following the technical evaluation and ranking, separate fee envelopes of each proposal were opened. The results of the ranking and proposed fee are as follows: Firm S Score R Kennedy /Jenks 12.77 4 $ 299,834 SA Associates 12.04 5 $ 123,000 Civil Source 12.19 6 $ 136,497 CivilTec 10.21 7 $ 95,685 Based upon the overall technical experience and qualifications, staff recommends award of the Wellhead Equipping Design to the highest ranked firm, Stantec Consulting Services, Inc. in the amount not to exceed $147,258. STRATEGIC PLAN: SR 3 -B: Continue Planning for Long Term Capital Improvements and Replacements into the future PRIOR RELEVANT BOARD ACTION(S): On December 20, 2012, the Board of Directors approved a Professional Services Agreement with CDM Smith in the amount of $117,740 to provide hydrogeologic services to evaluate two potential well sites and provide well drilling design, specifications and inspection services. On December 20, 2012, the Board of Directors authorized approval and execution of the 50- year Lease Agreement between Orange County Water District and Yorba Linda Water District for the Well 21 site. Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT October 7, 2013 Planning- Engineering- Operations Committee Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Derek Nguyen, Water Quality Engineer Budgeted: Total Budget: Cost Estimate: Funding Source: Job No: Dept: Reviewed by Legal ITEM NO. 4.5 Yes $120,000 $10,620 All Water Funds J2009 -22 Engineering N/A CEQA Compliance: Exempt Amendment No. 1 to Professional Services Agreement with CDM Smith for Hydrogeologic Services for Well No. 21 At the District's request, CDM Smith provided the attached letter proposal describing the additional time and labor needed to provide full -time oversight monitoring during the drilling of Well No. 21. Since Well No. 21 construction site is located adjacent to OCWD's recharge facilities, OCWD recently added a requirement that full -time monitoring of the drilling activities be provided to ensure that unauthorized discharges of drilling fluids will not be disposed of into OCWD's recharge facilities. This new requirement necessitated additional time and labor to perform by CDM Smith. Submitted for the Committee's review is Amendment No. 1 to the Hydrologic Services Agreement with CDM Smith in the amount of $10,620 resulting in a total fee of $128,360. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors approve Amendment No. 1 in the amount of $10,620 to CDM Smith for Hydrologic Services to provide full -time oversight monitoring during the drilling of Well No. 21. DISCUSSION: Work is proceeding for the planning and drilling of Well No. 21. As part of the planning process, the District's consultant, CDM Smith coordinated with OCWD regarding its NPDES discharge permit and water quality limitations. Since Well 21 site is located near Conrock Basin, one of OCWD's recharge facilities, OCWD added the requirement that full -time oversight monitoring be provided during the drilling of Well 21. Full -time oversight is not included in the current Scope of Work. This requirement necessitates additional time and labor required for CDM Smith to ensure that unauthorized discharges of drilling fluids will not be made during the well - development stage. Submitted for the Committee's review is the letter proposal from CDM Smith in the amount of $10,620 for additional time and labor required to provide full -time oversight monitoring during the drilling of Well No. 21. District staff has reviewed the work scope and fee and believe that they are necessary and appropriate. 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 December 20, 2012, the Board of Directors approved a Professional Services Agreement with CDM Smith in the amount of $117,740 to provide hydrologic services to evaluate two potential well sites and provide well drilling design, specifications and inspection services. ATTACHMENTS: Description: Type: CDM Smith Amendment No.1 09192013.pdf CDM Smith—Amendment No.1 Backup Material CDM Smith 111 Academy Way, Suite 150 Irvine, CA 92617 tel: 949 - 752 -5452 September 19, 2013 Mr. Derek Nguyen Water Quality Engineer Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, CA 92870 Subject: Amendment No. 1 to PSA Job: 2009- 22 #21- Additional well development oversight hours Dear Mr. Nguyen: In response to Orange County Water District's (OCWD) requirement for full time oversight of the drilling contractor during discharging into Conrock Basin CDM Smith is submitting Amendment No. 1 to the Professional Services Agreement between Yorba Linda Water District and CDM Smith for Job: 2009- 22 #21, dated January 16, 2013. As required by OCWD, CDM Smith will be onsite during aquifer zone isolation testing and mechanical well development to oversee the drilling contractor during discharge into Conrock Basin. Currently, our scope of work includes part time monitoring during these tasks (144 hours during zone isolation testing and 66 hours during well development for a total of 210 hours). Based on our experience with Well 20, the cost to cover this additional work would require approximately 78 additional hours of a staff hydrogeologist at a rate of $115/hr ($8,970), and an additional 10 hours for the project hydrogeologist at a rate of $165/hr ($1,650). The total additional cost for performing additional oversight during zone isolation and mechanical well development is $10,620. The contract amount is currently $117,740. The total contract amount including the amended work is $128,360. All other terms and conditions of the contract between Yorba Linda Water District and CDM Smith remain the same. As this is a time and materials contract, the District will be billed on actual time spent on each task. Please provide written authorization approving this work. Should you have any questions or require additional clarification, please call. Sincerely, r Suzanne Rowe Project Manager CDM Smith Inc. Lanaya Voelz Principal CDM Smith Inc. WATER + ENVIRONMENT +TRANSPORTATION + ENERGY+ FACILITIES Y Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT October 7, 2013 Planning- Engineering- Operations Committee Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Budgeted: Funding Source: Dept: Reviewed by Legal: Ricardo Hipolito Jr., Engineering CEQA Compliance: Tech II ITEM NO. 4.6 N/A N/A Engineering N/A N/A Quitclaim Deed and Relocation of Easement for 4830 Roosevelt Court Residents at 4830 Roosevelt Court, Mr & Mrs. Michael Minnick, requested the District to quitclaim and relocate an existing 15 -foot wide easement, as depicted on the attached exhibit. Staff recommends execution of the Quitclaim, and Easement Deed. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors: (1) authorize the President and Secretary to execute a Quitclaim Deed to Mr. & Mrs. Michael Minnick for abandoning the southerly 15 -foot wide District easement in Book 863, Pages 22 to 25 of Official Records of Orange County; and (2) authorize execution of an Easement Deed within the actual pipeline alignment within the same property. DISCUSSION: On November 24, 2004, the District was granted a 15 -foot wide easement within lot 10 of Tract No. 16513, currently owned by Mr. & Mrs. Michael Minnick. The District currently maintains and operates an existing 8 -inch water pipeline without a dedicated easement located at the northerly property line of lot 10. The 8 -inch water pipeline connects from Roosevelt Court to Park Avenue. Therefore, the property owner at 4830 Roosevelt requested that the District abandon this 15 -foot wide easement so they construct a patio cover while agreeing to grant the District a new easement as shown on the attached exhibit Staff reviewed the owner's request and determined that the existing 15 -foot wide easement is not required and that the abandonment of this easement will not unduly hinder any future plans to construct a water main. ATTACHMENTS: Name: Description: Type: Exhibit -B.pdf Quitlaim Easement Backup Material -- i------ ------ - - - -A - - - - -- - � i LEMON DRIVE i J3 I PROPOSED YLWD I WATERLINE RAC 165 EASE i EASEMENT i EX 8 "WATERLINE !TRUMAN WAY i-- FEASEMENT i - -; - -- I LOT 10MED I i - -�-' EXIST. j RESIDENCE I I i � I Ai I I I I I I I i J I i W I I > I I i W I I , � 6dd Ply I I I i ®� T 0 MA PREPARED BY: YORBA LINDA WATER DISTRICT 1717 E. MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701 -3000 r` V I IIrjlT QUITCLAIM EASEMENT FOR 4830 ROOSEVELT COURT N D m II� O SCALE: AS -NOTED DATE: 10 -07 -13 FILENAME: Meeting Date: Io From: Presented By: Prepared By Subject: SUMMARY: AGENDA REPORT October 7, 2013 Planning- Engineering- Operations Committee Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Budgeted: Funding Source: Job No: Dept: Reviewed by Legal: Ricardo Hipolito Jr., Engineering CEQA Compliance: Tech II Quitclaim Deed for 18151 Catalina Court ITEM NO. 4.7 N/A N/A J2011 -20 Engineering Yes N/A Residents at 18151 Catalina Court, Mr. & Mrs. William Akers, requested the District to quitclaim a portion of an existing 15 -foot wide easement that includes an abandoned waterline. Staff investigated this request and recommends execution of the Quitclaim Deed, as attached. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors authorize the President and Secretary to execute a Quitclaim Deed to Mr. & Mrs. William Akers for abandoning the northerly 59.31 feet of the 15 -foot wide District easement, as Instrument No. 20010763330 of Official Records of Orange County. DISCUSSION: On October 29, 2001 the District was granted a 15 -foot wide easement within the northerly property of 18151 Catalina Court, currently owned by Mr. & Mrs. William Akers. The Akers' requested staff to investigate the feasibility of providing a quitclaim for a portion of the District's easement so they can construct a swimming pool. The District recently installed approximately 200 feet of 10 -inch water main, north of the Akers' property, as part of the on -going 2012 Waterline Replacement, Phase II Project (J2011 -20). The existing 10 -inch water main within the 15 -foot easement quitclaim area was constructed in 1931 and was abandoned in -place as part of the J2011 -20 project. An exhibit depicting the location of the project along with a detailed meets -and bounds description are attached for your review. Staff reviewed the owner's request and determined that abandonment of this portion of the easement will not unduly hinder the District's ability to properly operate, maintain and replace the existing water facilities. District Counsel recommends that the attached Quitclaim Deed, with a Waiver and Release, be signed by the tenants to waive claims related to potential interference, removal, or damage from the abandoned water main. ATTACHMENTS: Description: Type: Quitclaim Deed - Akers.pdf Quitclaim Deed - Akers Backup Material RECORDING REQUESTED BY: Yorba Linda Water District WHEN RECORDED, MAIL TO: [Name and Address of Transferee] William and Grace Akers 18151 Catalina Court Yorba Linda, CA 92886 THIS SPACE FOR RECORDER'S USE ONLY FREE GOVERNMENT RECORDING PURSUANT TO GOVERNMENT CODE SEC. 6103 AND 27383 QUITCLAIM DEED For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Yorba Linda Water District ( "Transferor ") does remise, release, and forever quitclaim to William Akers and Grace Akers ( "Transferee "), all right, title, and interest Transferor has in the real property described and depicted in Exhibits A and B, respectively, attached hereto and incorporated herein by reference (the "Quitclaim Area ") and a below grade waterline, materials and appurtenances (collectively referred to as the "Facilities ") in the Quitclaim Area. WAIVER AND RELEASE: Transferee does hereby and forever discharge, release and hold harmless Transferor and its directors, officers, employees, consultants and authorized volunteers from any and all liability, claims and demands of whatever kind or nature, either in law or equity, which arise or may hereafter arise, either directly or indirectly as a result of the Facilities in the Quitclaim Area or Transferee's use of the Quitclaim Area. ASSUMPTION OF RISK: Transferor makes no representation or warranty whatsoever, express or implied, as to the condition of the quitclaim area, or its suitability or sufficiency for the Transferee's intended uses and purposes. Transferee understands and acknowledges that Transferor has abandoned the Facilities in the Quitclaim Area and that the Facilities could potentially interfere with Transferee's use of the Quitclaim Area and Transferee hereby agrees to assume all risk associated with its issue of the Quitclaim Area. Executed as of October 24, 2013 YORBA LINDA WATER DISTRICT TRANSFEREE By: By: By: Name: Steve Conklin, P.E. Name: William and Grace Acers Title: Acting General Manager Title: Property Owners [MUST BE NOTARIZED] Exhibit A [LEGAL DESCRIPTION] PARCEL 3 IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 3 OF THE LAND DESCRIBED IN THE DEED OF EASEMENT TO YORBA LINDA WATER DISTRICT, RECORDED OCTOBER 29, 2001, AS INSTRUMENT NO. 20010763330 OF OFFICIAL RECORDS OF SAID COUNTY, BEING A PORTION OF SAID EASEMENT LYING WITHIN LOT 22 OF TRACT NO. 15611 AS SHOWN ON A MAP RECORDED IN BOOK 814, PAGES 47 THROUGH 49 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 22; THENCE ALONG THE SOUTHEAST LINE OF SAID LOT SOUTH 89 040'58" EAST 30.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 040'58" EAST 59.55 FEET; TO THE SOUTHWESTERLY LINE OF PARCEL 3 OF SAID EASEMENT DEED; THENCE SOUTH 01 015'23" WEST 15.00 FEET; THENCE ALONG THE NORTHWESTERLY LINE OF SAID EASMENT; THENCE NORTH 89 040'58" WEST 59.31 FEET; THENCE NORTH 00 020'23" EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 891 SQUARE FEET OR 0.0188 ACRES OR LESS. AS SHOWN ON EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY: I I I wI :r OI col NI NI O ZI BRA TTA7N DR. \ 20.00' TR. N . 17079 M.M. 8 8/24 -31 EXIS77NG 20 FOOT WATERLINE EASEMENT I NEW 10" WATERMAIN PER INSTRUMENT NO. 2007000151842 BI LOT B 888 PAGE 24 -31 O.R. I J� EX.10" WATERMAIN I' I ABANDONED 10" TO REMAIN T.P.O.B. I I WATERMAIN 0 ACT C N 89'40'58" W I_ n EXISTING 20 FOOT WATERLINE EASEMENT 1 TO YLWD O.R. PER INSTRUMENT 5 59.31 NO. 20010763330 TR. N0. 15611 5.00' I5 w M.M. 814/47-49 2o.00' " o LOT -22 LOT -21 I o J z F, N 89'40'58" W CATALINA / - — - COURT YORBA LINDA WATER DISTRICT 1717 E. MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701 -3100 PORTION OF PARCEL 3 ---- ----------- 7 EXISTING 15' PIPELINE EXISTING 15 FOOT WATERLINE EASEMENT EASEMENT TO YLWD PER BK. 190 PAGE 4 -5 O.R. TO REMAIN O.R. INSTRUMENT NO. PARCEL 1 20010763330 TO BE w QUITCLAIMED PARCEL MAP N0. 83 -1089 N U) O z 'zz EXHIBIT B 18151 CATALINA COURT EASEMENT QUITCLAIM D r m 00 O SCALE: AS -NOTED DATE: 10/07/2013 FILENAME: J2011 -20 BEARING DISTANCE S 89'40'58" E 30.35' S 89'40'58" E 59.55' (�) S 01'15'23" W 15.00' ® N 89'40'58" W 59.31' (6) N 00 °20'23" E 15.00' EXHIBIT B 18151 CATALINA COURT EASEMENT QUITCLAIM D r m 00 O SCALE: AS -NOTED DATE: 10/07/2013 FILENAME: J2011 -20 Meeting Date: Io From: Presented By Prepared By: Subject: SUMMARY: AGENDA REPORT October 7, 2013 Planning- Engineering- Operations Committee Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Ariel Bacani, Engineering Technician II Budgeted: Funding Source: Dept: Reviewed by Legal: CEQA Compliance: Supplemental Declaration for Amalfi Hills ITEM NO. 4.8 N/A N/A Engineering Yes N/A In 1993, the Yorba Linda Water District (YLWD) and Upper K- Shapell LLC (Shapell) entered into a "Property Exchange Agreement." The agreement, in part, required YLWD to maintain landscaping and irrigation facilities for portions of its Fairmont and Springview reservoir sites. However, sometime thereafter, YLWD and Shapell agreed that those landscape maintenance obligations should be transferred to Shapell. The Supplemental Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Amalfi Hills will memorialize the subsequent agreement. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors approve the Supplemental Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Amalfi Hills. DISCUSSION: YLWD and Shapell have been working together to document the transfer of landscape maintenance obligations and have prepared the attached Supplemental Declaration of Covenants, Conditions, Restrictions and Reservations of Licenses for Amalfi Hills (Supplemental Declaration). Shapell has informed YLWD that it has the right to execute the Supplemental Declaration as the Declarant under the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Amalfi Hills recorded on November 8, 2005, as Instrument No. 2005000895660, as amended, (Declaration). As the Declarant, Shapell designates the Fairmont and Springview sites (as legally described and depicted) as "Public Property" thereby requiring maintenance of said sites by Villaggio Community Association (VCA). In order to permit VCA to enter and perform maintenance on YLWD property, YLWD provides rights of access in the Supplemental Declaration and also includes its standard insurance obligations. Shapell and YLWD were in a position to execute the Supplemental Declaration earlier this year. YLWD, however, was informed that certain real property around the Springview site was purchased by Toll Brothers, Inc. (Toll) from Shapell. YLWD inquired whether Shapell could still execute the Supplemental Declaration even though some of the land covered by the original Declaration was now owned by Toll. Shapell informed YLWD that Toll did not desire to become the "Declarant" and that Shapell could still execute the Supplemental Declaration. The Supplemental Declaration of Covenants, Conditions, Restrictions and Reservation of Licenses for Amalfi Hills is attached for your consideration. ATTACHMENTS: Name: Redline of Supplemental Declaration.docx Exhibit 1 to Supp Dec.pdf Exhibit 2 to Supp Dec.pdf Exhibit 3 to Supp Dec.pdf Description: Type: Supplemental Declaration of Covenants, Conditions, Agreement Restrictions and Reservation of Licenses for Amalfi Hills Exhibit 1 to Supplemental Declaration Exhibit Exhibit 2 to Supplemental Declaration Exhibit Exhibit 3 to Supplemental Declaration Exhibit DRAFT RECORDING REQUESTED BY: WHEN RECORDED, MAIL TO: DZIDA, CAREY & STEINMAN (SDH) 3 Park Plaza, Suite 750 Irvine, CA 92614 (Space Above for Recorder's Use) SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF LICENSES FOR AMALFI HILLS THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ( "Supplemental Declaration ") is made on , 2013, by UPPER K- SHAPELL, LLC, a Delaware limited liability company ( "Declarant "), as successor by conversion of UPPER K- SHAPELL JOINT VENTURE, a joint venture comprised of FKC LLC, a California limited liability company, and SHAPELL INDUSTRIES, INC., a Delaware corporation, and YORBA LINDA WATER DISTRICT, a local public agency operating under authority of Division 12 of the California Water Code ( "District "). PREAMBLE: A. Declarant is the "Declarant, " as defined in the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Amalfi Hills recorded on November 8, 2005, as Instrument No. 2005000895660 (as amended, "Declaration'), as amended by the First Amendment to Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Amalfi Hills recorded on March 7, 2006, as Instrument No. 2006000151082, and the Second Amendment of Covenants, Conditions, Restrictions and Reservation of Easements for Amalfi Hills recorded on June 16, 2006, as Instrument No. 2006000406877, all of Official Records of Orange County, California. B. Pursuant to Article 11 of the Declaration, Declarant now desires to designate the real property described and depicted in Exhibits "I" and "2" hereto as "Public Property" to be maintained by the Amalfi Hills Community Association, a California nonprofit corporation ( "Association "), in accordance with the Declaration. SDH\30161.0019 \429032.3 3/14/2013 -1- DRAFT THEREFORE, DECLARANT HEREBY DECLARES AS FOLLOWS: Establishment of General Plan; Land Classification. 1.1 General Plan. This Supplemental Declaration is hereby established in furtherance of the general plan for the improvement of the Properties subject to the Declaration and for the purpose of enhancing and perfecting the value, desirability and attractiveness of the Properties. 1.2 Restrictions. This Supplemental Declaration is recorded pursuant to Article XVI of the Declaration, and each of the provisions hereof shall be deemed a part of the "Restrictions" (as defined in the Declaration), and they may be enforced as therein provided for the enforcement of other provisions thereof. 1.3 Public Property. The real property described and /or depicted in Exhibits "I" and "2" attached hereto ( "Designated Public Property ") is hereby designated as "Public Property, " as defined in the Declaration. 2. Entry on Public Property. 2.1 Licenses. 2.1.1 District hereby grants to the Association a nonexclusive license, privilege and permission of access, ingress and egress, for use, maintenance, repair, replacement of the landscaping and associated improvements on the Designated Public Property. District reserves the right to use the Designated Public Property in any manner, provided such use does not unreasonably interfere with Association's rights herein. 2.1.2 District hereby grants to Toll Brothers, Inc. ( "Toll ") a nonexclusive license, privilege and permission of access, ingress and egress, for installation, maintenance, repair, replacement of landscaping and associated improvements on the real property described and depicted in Exhibit "2. " District reserves the right to use the real property described and depicted in Exhibit "2" in any manner, provided such use does not unreasonably interfere with Toll's rights herein. Toll's rights granted herein shall terminate upon acceptance of the improvements by the District and approval of the improvements by the City of Yorba Linda. 2.1.3 District hereby grants to the Association a nonexclusive license, privilege and permission of access, ingress and egress over the property described and /or depicted on Exhibit "3" attached hereto. 2.2 Commencement of Maintenance. The Association shall become responsible for maintenance of the Designated Public Property described in Exhibit "I" attached hereto on the recordation of this Supplemental Declaration. The Association shall become responsible for maintenance of the Designated Public Property described in Exhibit "2" attached hereto on the completion of the landscaping improvements thereon. "Completion" as used herein is defined as the point in time the improvements are accepted by the District and approved by the City of Yorba Linda. SDH\30161.0019 \429032.3 3/14/2013 -2- DRAFT 2.3 Terms and Conditions Applicable to Entry Upon the Designated Public Property. The Association shall comply with the requirements set forth in Exhibit "4" attached hereto in the exercise of its license rights granted hereunder. Miscellaneous Provisions. 3.1 Amendment and Duration. This Supplemental Declaration may be amended or terminated on the mutual written consent of Declarant and the District. 3.2 Restrictions Construed Together. All of the provisions of this Supplemental Declaration shall be liberally construed together with the Restrictions to promote and effectuate the fundamental concepts of the Properties, as set forth in the Declaration. 3.3 Restrictions Severable. Notwithstanding the provisions of the foregoing Section 3.2, each of the provisions of this Supplemental Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provisions or portion thereof shall not affect the validity or enforceability of any other provisions hereof. 3.4 Meaning of Terms. Except as otherwise expressly provided herein, the capitalized words and phrases in this Supplemental Declaration shall have the same meanings as defined in the Declaration. As used in this Supplemental Declaration, all words in the masculine, feminine, or neuter gender, or the singular or plural number shall be construed to include the others, wherever the context so requires. 3.5 Captions. All captions or titles used in this Supplemental Declaration are intended solely for convenience of reference and shall not affect the interpretation of any of the terms or provisions of this Supplemental Declaration. [SIGNATURES ON FOLLOWING PAGE] SDH\30161.0019 \429032.3 3/14/2013 -3- DRAFT [SIGNATURE PAGE TO SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF LICENSES FOR AMALFI HILLS] Declarant and District have executed this Supplemental Declaration the day and year first written above. UPPER K- SHAPELL, LLC, a Delaware limited liability company, as successor by conversion of UPPER K- SHAPELL JOINT VENTURE, a joint venture comprised of FKC LLC, a California limited liability company, and SHAPELL INDUSTRIES, INC., a Delaware corporation By: SHAPELL INDUSTRIES, INC., a Delaware corporation, Member By: Name: Title: By: FKC LLC, a California limited liability company, Member By: Name: Mark J. Francuz Title: Manager /Secretary YORBA LINDA WATER DISTRICT, a local public agency operating under authority of Division 12 of the California Water Code By: _ Name: Title: [NOTARYACKNOWLEDGMENT ON FOLLOWING PAGE] SDH\30161.0019 \429032.3 3/14/2013 -4- STATE OF CALIFORNIA COUNTY OF On Notary Public, personally appeared DRAFT ss 201, before me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA COUNTY OF On Notary Public, personally appeared ss 201, before me, (SEAL) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (SEAL) SDH\30161.0019 \429032.3 3/14/2013 -5- EXHIBIT "1" DESIGNATED PUBLIC PROPERTY [SEE EXHIBITS "A" AND `B" ATTACHED TO THIS EXHIBIT "199] sDH/30161.0019\365958.1 3/14/2013 EXHIBIT "1" EXHIBIT "2" DESIGNATED PUBLIC PROPERTY [SEE EXHIBITS "A" AND `B" ATTACHED TO THIS EXHIBIT "299] sDH/30161.0019\365958.1 3/14/2013 EXHIBIT "2" EXHIBIT "3" ACCESS EASEMENT AREA [SEE EXHIBITS "A" AND `B" ATTACHED TO THIS EXHIBIT "399] sDH/30161.0019\365958.1 3/14/2013 EXHIBIT "Y' EXHIBIT "4" TERMS APPLICABLE TO USE OF DESIGNATED PUBLIC PROPERTY 1. Waiver of Claims and Indemnity: Association waives all claims against District and its directors, officers, officials, agents, employees, attorneys, consultants and volunteers (Covered Parties), for loss or damage caused by, arising out of, or in any way connected with the license rights granted to Association herein, and Association agrees to protect, save harmless, indemnify, and defend the Covered Parties from any and all loss, damage or liability which may be suffered or incurred by the Covered Parties caused by, arising out of, or in any way connected with the license rights granted herein, except for any loss, damage or liability arising out of the sole negligence of the Covered Parties. Association will further cause such indemnification and waiver of claims in favor of District to be inserted in each contract that Association executes for the provision of services in connection its entry onto the Public Property. 2. Contractors: Association shall incorporate the terms, conditions, and requirements contained herein when contracting out all or any portion of any work in the Public Property. Association shall be responsible for ensuring contractor /subcontractor compliance with terms and conditions contained herein. 3. Insurance Requirements: Prior to commencement of any access to or work in the Public Property, Associaton shall obtain or cause its contractor and subcontractor(s) to obtain all insurance required herein and provide proof thereof to District as required herein. Proof of insurance shall consist of Acord certificates, pertinent pages from the policies and endorsements effecting coverage required by this Agreement, showing the issuance of such insurance and other provisions required herein. Associaton shall require the contractor to make copies of the policies of insurance required by this Section available to District upon request. All insurance required herein shall be placed with insurers having a current A.M. Best rating of no less than "A -: VIP' or equivalent or otherwise approved by the District. a) Liability insurance: i) General liability: $1,000,000 per occurrence, $2,000,000 general aggregate $2,000,000 completed operations aggregate ii) Automobile liability: $1,000,000 per accident combined single limit iii) Employer's liability $1,000,000 Total liability limits shall be no less than three million dollars ($3,000,000) per occurrence /claim /or accident, through any combination of primary and excess or umbrella insurance policies and shall apply above the other liability policies, and "follow form" providing coverage at least as broad as coverage provided in the underlying policies. b) Property damage: property insurance at least as broad as the most commonly available special form policy with a limit of not less than $500,000. Said policy shall contain an endorsement naming District as loss payable and provide that payments for any losses be made to District and Association as co- payees and shall be used to repair, rebuild, restore or replace the insured property at District's direction for any damage resulting from Association's actions or inactions. If payments are not used, they shall be made payable directly to the District for rebuilding or repair as necessary in the discretion of the District. c) Workers' Compensation limits shall be statutory as required by the Labor Code of the State of California. d) The policies specified herein are to contain, or be endorsed to contain, the following provisions: i) Named as Insureds — The Covered Parties are to be named as insureds on the Commercial General Liability Policy and the Automobile Policy. The coverage shall contain no special limitations on the scope of protection afforded to such named insureds. ii) Primary Insurance - The insurance coverage required herein, including any excess liability coverage, shall be primary insurance as respects the Covered Parties. Any insurance, pool coverage, or self - insurance maintained by Covered Parties shall be excess of the insurance required herein and shall not contribute to it. iii) Waiver of Subrogation — The Commercial General Liability insurer(s) and Worker's Compensation insurer shall waive, by endorsement, all rights of subrogation against the Covered Parties or the policies shall specifically allow Association or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to loss. Association waives its right of recovery against the Covered Parties for damages covered by insurance required by this Exhibit. Association shall require similar written express waivers and insurance clauses from each of its contractors. iv) Thirty -Day Notice - Each insurance policy required herein shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (3 0) days prior to written notice by certified mail, return receipt requested, has been given to District. 4. Reservation of Rights: District reserves the right to use the Public Property in any manner, provided such use does not unreasonably interfere with Association's license rights herein. 4833 - 8447 -0803, v. 5 EXHIBIT "A" LEGAL DESCRIPTION In the city of Yorba Linda, County of Orange, State of California, being that portion of Parcel 1 described in the Final Order of Condemnation No. 191913, recorded May 16, 1972 in Book 10129, Page 99 of Official Records, in the office of the County Recorder of said county, described as follows: Beginning at a point on the northerly boundary of Lot 30 of Tract No. 16760 as per map filed in Book 871, Pages 24 through 30, inclusive of Miscellaneous Maps, in the office of said County Recorder, distant thereon South 89 °18'34" East 0.46 feet from the northwest corner of said Lot 30; thence continuing along the boundary of said Tract No. 16760 South 89 °18'34" East 440.54 feet to the boundary of Tract No. 16758 as per map filed in Book 871, Pages 19 through 23, inclusive of said Miscellaneous Maps; thence along the boundary of said Tract No. 16758 the following two (2) courses: North 0 °41'26" East 295.00 feet and North 89 °18'34" West 389.66 feet; thence South 10 °08'02" West 12.16 feet; thence South 89 °18'34" East 80.90 feet; thence SOUTH 27.79 feet; thence South 45 °08'07" East 0.81 feet; thence South 77 °13'1.5" East 13.50 feet; thence South 89 °14'52" East 237.06 feet; thence South 0 °40'00" West 205.43 feet; thence North 89 °25'55" West 81.86 feet; thence SOUTH 25.74 feet; thence North 89 °57'07" West 295.06 feet; thence South 15 °26'39" West 17.48 feet to the Point of Beginning. Excepting therefrom a variable width strip of land, the easterly, southeasterly and southerly lines of which are concentric and parallel with the following described reference line: Beginning at a point on the boundary of said Tract No. 16758, distant thereon North 89 °18'34 " West 19.69 feet from the northwest corner of Lot 1 of said Tract No. 16758; thence South 5 °12'07" West 55.61 feet to a curve concave easterly having a radius of 823.50 feet; thence southerly 81.87 feet along said curve through a central angle of 5 °41'47 "; thence South 0 °29'40" East 102.36 feet to a point hereinafter referred to as Point `A'; thence southwesterly 44.32 feet along a non - tangent curve concave northwesterly having a radius of 44.00 feet through a central angle of 57 °42'56 ", a radial line to the beginning of said curve bears South 85 °29'51 " East to a non - tangent curve concave Revised: January 4, 2012 December 16, 2011 WO No. 22- 16209CX Page 1 of 2 H &A Legal No. 7800 By: K. Vo Checked By: R. Williams northerly having a radius of 73.50 feet, a radial line to the beginning of said curve bears South 13 °50'18" East; thence westerly 50.00 feet along said curve through a central angle of 38 °58'33" to a reverse curve concave southerly having a radius of 136.50 feet; thence westerly 46.87 feet along said curve through a central angle of 19 °40'23" to a point hereinafter referred to as Point "B ". Said strip of land shall be 12.00 feet wide between Point of Beginning and said Point `A' and 7.00 feet wide between said Points "A' and "B ". The easterly and northerly sideline of said strip shall be prolonged or shortened westerly to terminate in the course described hereinabove as "SOUTH 25.74 feet" and northerly to terminate in the boundary of said Tract No. 16758. Also excepting therefrom that portion described as follows: Beginning at a point on the boundary of said Tract No. 16758, distant thereon North 89 °18'34" West 327.90 feet from the northwest corner of Lot 1 of said Tract No. 16758; thence along the boundary of said tract North 89 018'34" West 27.26 feet; thence South 18 01130" West 12.58 feet; thence South 89 018'34" East 27.26 feet; thence North 18 °11'30" East 12.58 feet to the Point of Beginning of said Exception. As shown on Exhibit "B" attached hereto and by reference made a part hereof. Revised: January 4, 2012 December 16, 2011 WO No. 22- 16209CX Page 2 of 2 I -I &A Legal No. 7800 By: K. Vo Checked By: R. Williams EXHIBIT "Byy Sketch to Accompany Legal Description N89'18'34"W 395.59' 389.66' ---- 327.90' 34.50' 27.26 308.21' EN18'1:1'30"E 12.58'—' P.O.B. IN18'11'30"E 12,58' 3 /-�c- 20.92' 32 71' 11 EXCEPTION ------------ - 27.26' t "V 589 °18'34 "E 80,90' o D ETAI L "A" N.T.S. N89'57'07"W 295.06' P.O. B. CD 440.54' 441.00' SS 8911 89'18'34"E C V_NW'Ly LY COR. LOT 30 D ETAI L "B" N.T.S. NW'LY COR. LOT 1 ... ... .... 00 C.0 1\189�18'34"W 11395.59, 389.66' 327.90' TRENTINO / � 8 90 0.90' SOUTH 27,79' P.O.B. S89 °18'34' E S77'13'15"E 1150' EXCEPTION N-1 12' . ..... C cr, S89'14'52"E 237.06' '0 S45' 8'07"E Ml' ' SEE DETAIL "A" HEREON SEE DETAIL "B" LINE TABLE ' N89 '25'55"W LINE BEARING LENGTH 1811.1816 1 Ll S00 '29'40"E 102.36' CY) 1-2 S05'12'07"W 55.61' CURVE TABLE CURVE DELTA RADIUS LENGTH C1 CD 19'40'23" 136.50' 46.87' C2 S89-18'34"E 441.00' 38'58'33" 73.50' 50.00' C3 57'42'56" 44.00' 44,32' C4 5'41'47" 1 823.50' SEE DETAIL "B" HEREON RAD ' N89 '25'55"W SOUTH 25.74'—z-- 1811.1816 1 P.O.B. CY) ' -� Cl Cj N85'29'5-1 "W --------- N89*57'07'vv Z!J-�D.Ub -C2 RAD 7 -S15026'39"W 17.48' 440.54' N25'08'1 5"4ERAD PRC LLJ CD CN CD S89-18'34"E 441.00' ...... L J CD REFERENCE LINE LOT 30 . ..... 12 N05'27'52"E POINT "A" SEE DETAIL "B" HEREON RAD ' N89 '25'55"W SOUTH 25.74'—z-- 1811.1816 1 P.O.B. POINT "B" ' -� Cl Cj N85'29'5-1 "W --------- N89*57'07'vv Z!J-�D.Ub -C2 RAD 7 -S15026'39"W 17.48' 440.54' N25'08'1 5"4ERAD PRC ----------------- S89-18'34"E 441.00' "W L J NW'LY COR. N13°5 0'18 8"W RAD (R=73.5') LOT 30 N2746'55"W RAD (R=44') HUNSAKEP, & ASSOCIATES I R V I N E, I N C. LICENSE FOR LANDSCAPE MAINTENANCE PLANNING ■ ENGINEERING ■ SURVEYING Three Hughes - Irvine, CA 92618 - PH: (949)583-1010 - FX: (949) 583 -0759 IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE: V, D Bwy. 12/16/11 1 DATE 04/29/13 G K. VO By. CK'd R. WILLIAMS SCALE: 1"= V.O. 22-16209CX I:\YLCo11eqe\1d\7800\SHT01.dwq H&A LEGAL No. 78001 SHEET 1 OF 1 • ' In the City of Yorba Linda, County of Orange, State of California, being a portion of the northwest one- quarter of Section 24, Township 3 South, Range 9 West, San Bernardino Meridian, as shown on a Record of Survey filed in Book 97, Pages 1 and 2, of Records of Survey in the office of the County Recorder of said County, described in parcels as follows: PARCEL A: Beginning at the southeast corner of Lot 28 of Tract No. 16766 as per map filed in Book 893, Pages 13 through 20, inclusive, of Miscellaneous Maps in the office of said County Recorder, said southeast corner being on a non - tangent curve concave northerly having a radius of 1060.00 feet, a radial line to said corner bears South 0 °46'50" East, said curve being concentric with and northerly 20.00 feet from the northerly line of Lot "B" of said Tract No. 16766; thence along said concentric curve and continuing concentric with, parallel to and northerly 20.00 feet from said northerly line the following two courses: easterly 77.40 feet along said non - tangent curve through a central angle of 4 °11'01" to a reverse curve concave southwesterly having a radius of 71.50 feet and easterly and southeasterly 89.28 feet along said curve through a central angle of 71 °32'40" to a reverse curve concave northeasterly having a radius of 1135.00 feet; thence southeasterly 139.01 feet along said curve through a central angle of 7 °01'02'' to a compound curve concave northeasterly having a radius of 40.00 feet; thence southeasterly 10.21 feet along said curve through a central angle of 14 °37'26 "; thence tangent from said curve South 45 °03'40" East 20.67 feet to a tangent curve concave northeasterly having a radius of 40.00 feet; thence southeasterly 12.14 feet along said curve through a central angle of 17 °23'31 "; thence non - tangent from said curve North 39 °07'04" East 6.02 feet; thence North 7 °57'08" West 161.70 feet; thence North 41 °53'54" East 119.61 feet to the southeast corner of Lot 26 of said Tract No. 16766; thence along the southerly and easterly boundary of said Tract No. 16766 the following two courses: South 80 °09'4.5" West 306.05 feet and South 14 °51'48" West 9.27 feet to the Point of Beginning. Revised: January 4, 2012 September 20, 2006 W.O.22- 16209AX Page 1 of 3 H &A Legal No. 6789 Prepared by L Rush Checked by R. Williams/lr Beginning at the most easterly comer of Lot "A" of Tract No. 16766 as per map filed in Book 893, Pages 13 through 20, inclusive, of Miscellaneous Maps in the office of said County Recorder, said southeast corner being on a non - tangent curve concave southwesterly having a radius of 51.50 feet, a radial line to said corner bears North 33 °32'15" East, said curve being the easterly continuation of the northerly line of Lot "B" of said Tract No. 16766; thence southeasterly 29.70 feet along said easterly continuation through a central angle of 33°'02'34" to a reverse curve concave northeasterly having a radius of 1155.00 feet; thence southeasterly 141.46 feet along said curve through a central angle of 7 °01'02" to a compound curve concave northeasterly having a radius of 60.00 feet; thence southeasterly 15.31 feet along said curve through a central angle of 14 °37'26 "; thence tangent from said curve South 45 °03'40" East 20.67 feet to a tangent curve concave northeasterly having a radius of 60.00 feet; thence southeasterly and easterly 55.98 feet along said curve through a central angle of 53 °27'25 "; thence tangent from said curve North 81 °28'55" East 29.22 feet to the easterly line of said northwest one - quarter; thence along said easterly line South 1 °03'11" West 86.42 feet to the northerly boundary of Tract No. 16756 as per map filed in Book 884, Pages 15 through 21, inclusive, of Miscellaneous Maps in the office of said County Recorder; thence along said northerly boundary the following six courses: North 88 °54'31" West 20.67 feet to a point on a non - tangent curve concave southwesterly having a radius of 40.00 feet, a radial line to said point bears North 73 °19'30" East, northwesterly 26.90 feet along said non- tangent curve through a central angle of 38 °31'58 ", tangent from said curve North 55 °12'28" West 36.43 feet to a tangent curve concave southwesterly having a radius of 30.00 feet, northwesterly 11.98 feet along said curve through a central angle 22 °52'25" to a reverse curve concave northeasterly having a radius of 85.00 feet, westerly 21.05 feet along said curve through a central angle of 14 °11'11" and non - tangent from said curve South 39 °07'04" West 9.00 feet to the easterly boundary of said Tract No. 1.6766; thence leaving said northerly boundary and along said easterly boundary the following two courses: North 21 °59'24" West 210.89 feet to a point on a non- tangent curve concave westerly having a radius of 40.00 feet, a Revised: January 4, 2012 September 20, 2006 W.O.22- 16209AX Page 2 of 3 H &A Legal No. 6789 Prepared by L Rush Checked by R. Willi amsJr radial line to said point bears South 73 °43'19" East and northerly 32.58 feet along said non- tangent curve through a central angle of 46 °39'44" to the Point of Beginning. As shown on Exhibit `B" attached hereto and by this reference made a part hereof. Robert L. Wheeler IV, L.S. 8639 Date: 0 ',41Z- -71// Revised: January 4, 2012 September 20, 2006 W.O. 22- 16209AX Page 3 of 3 H &A Legal No. 6789 Prepared by L Rush Checked by R. Williams /lr EXHIBIT "B" Sketch to Accompany Legal Description LINE TABLE LINE BEARING LENGTH Lt N75'08'1 2"W 10.00' L2 S45 °03'40 "E 20.67' L3 N81 °28'55 "E 29.22' L4 S45 °03'40 "E 20.67' L5 N39 007'04 "E 20.27' L6 N39 007'04 "E 6.02' L7 N39 °07'04 "E 26.30' L8 N55 °12'28 "W 36.43' L9 S39 °07'04 "W 9.00' N,gp�Fs P.O.B. PARCEL 0 N N04 °57'52 "W - - -- RAD PRC 306.05' 880 °09 45 "W N33 °32'15 "E RAD (R= 51.5') Cg N66 °34'49 "E RAD PRC C-) N18 °41 38 „W ; PCL. A RAD pRC- �0 19, 986 S.F. P.O.B. PARCEL B 2p Z 'CID .. ..... ... .. .. .. .... '�. 0 F o CURVE TABLE 00 DELTA RADIUS I LENGTH C1 33 033'26" 98.00' 57.40' V) f" 124 °58'19" N 87.25' C3 SOO °46'50'_E ; 0 N N04 °57'52 "W - - -- RAD PRC 306.05' 880 °09 45 "W N33 °32'15 "E RAD (R= 51.5') Cg N66 °34'49 "E RAD PRC C-) N18 °41 38 „W ; PCL. A RAD pRC- �0 19, 986 S.F. P.O.B. PARCEL B 2p Z 'CID .. ..... ... .. .. .. .... '�. 0 F o CURVE TABLE CURVE DELTA RADIUS I LENGTH C1 33 033'26" 98.00' 57.40' C2 124 °58'19" 40.00' 87.25' C3 7 001'02" 11 55.00'1 141.46' C4 14 037'26" 60.00' 15.31' C5 13 °30'21" 60.00' 14.14' C6 39 057'04" 60.00' 41.84' C7 33 002'34" 51.50' 29.70' C8 46 039'44" 40.00' 32.58' C9 78 °18'36" 40.00' 54.67' C10 4 °11'01" 1060.00' 77.40' C11 71 °32'40" 71.50' 89.28' C12 7 °01'02" 1135.00' 139.01' C13 14 °37'26" 40.00' 10.21' C14 17 °23'31" 40.00' 12.14' C15 22 °52'25" 30.00' 11.98' C16 14 °11'11" 85.00' 21,05' N59 °33'47" E RAD PCC - o cs = 6 L3 N31 °251 59 "E R,6� 00, 98 = -' RAD ps - - - -' "C S3 ° �8 CAS Q) O o °� o Ln N ^ice S' o II 7 i a (D o ° a 00 n 00 ... � z 1. N 0 00 ° 0 \l m vi rn N z 0 E_- LJ W LO z W z J W xuNSAKER & ASSOCIATES LICENSE FOR ®, I R V I N E I N C ACCESS AND LANDSCAPE PURPOSES PLANNING ■ ENGINEERING ■ SURVEYING Three Hughes - Irvine, CA 92618 - PH: (949) 583 -1010 - FX: (949) 583 -0759 IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE: 9 -19 -06 ATE 04/29/13 Br.GT• VO Byd R. WILLIAMS SCALE: 1 "= 80' W.O. 22- 16209AX F"E: I: \YLCoIIege \Id \6789 \SHT01.dwq H &A LEGAL No. 67891 SHEET 1 OF 1 EXHIBIT A strip of land, 20.00 feet wide, in the City of Yorba Linda, County of Orange, State of California, being all of Lot A of Tract No. 16766, as shown on a map filed in Book 893, Pages 13 through 20, inclusive, of Miscellaneous Maps, together with a portion of the northwest one - quarter of Section 24, Township 3 South, Range 9 West, San Bernardino Meridian, as shown on a Record of Survey filed in Book 97, Pages 1 and 2, of Records of Survey, both in the office of the County Recorder of said County, the northerly and northeasterly line of said strip described as a whole as follows: Beginning at the most westerly corner of said Lot A: thence along the northerly line of said lot and it's easterly continuation the following two (2) courses: easterly 29.25 feet through a central angle of 37 °14'50" along a curve concave southerly having a radius of 45.00 feet, a radial line to the beginning of said curve bears North 33 °40'22" West, to a reverse curve concave northerly having a radius of 1060.00 feet and easterly 157.97 feet along said curve through a central angle of 8 °32'19" to a reverse curve concave southwesterly having a radius of 71.50 feet; thence southeasterly 89.28 feet along said curve through a central angle of 71 °32'40" to a reverse curve concave northeasterly having a radius of 1135.00 feet; thence southeasterly 139.01 feet along said curve through a central angle of 7 °01'02" to a compound curve concave northeasterly having a radius of 40.00 feet; thence southeasterly 10.21 feet along said curve through a central angle of 14 °37'27 "; thence South 45 °03'40" East 20.67 feet to a curve concave northeasterly having a radius of 40.00 feet; thence southeasterly 12.14 feet along said curve through a central angle of 17 °23'31 ". As shown on Exhibit B" attached hereto and by this reference made a part hereof Robert L. Wheeler IV, L.S. No. 8639 Date: Revised: August 29, 2011 September 21, 2006 W.O.22- 16209AX Page 1 of 2 H &A Legal No. 6791 Prepared by L Rush Checked by R. Williams /]r EXHIBIT ""1377 Sketch to Accompany Legal Description P.O.B. PRC No3 °34'28" E " -- -RAD PRC CN RAD 0 \ C�1 C10 -- � C9 �s C1 C2 I CP N33 °40'22 "W RAD (R =45') I 1 CP.i� S26 °13'08 "W RAD (R =980') S24 °30'53 "W RAD (R _980') S03 °35'01 "W RAD (R= 1080') S59 °_33'47 "W RAD PCC CURVE TABLE CURVE LINE TABLE RADIUS LENGTH LINE BEARING _ LENGTH L1 _ N45 °03'40 "W 20.67' L2 S27 °32'49 "W 20.00' RAD L3 S45 °03'40 "E 20.67' C4 14 °37'27" 60.00' P.O.B. PRC No3 °34'28" E " -- -RAD PRC CN RAD 0 \ C�1 C10 -- � C9 �s C1 C2 I CP N33 °40'22 "W RAD (R =45') I 1 CP.i� S26 °13'08 "W RAD (R =980') S24 °30'53 "W RAD (R _980') S03 °35'01 "W RAD (R= 1080') S59 °_33'47 "W RAD PCC CURVE TABLE CURVE DELTA RADIUS LENGTH C1 8 °32'52" 1080.00' 161.12' C2 71'32'40" 51.50' 64.31' C3 7 °01'02" 1155.00' 141.46' C4 14 °37'27" 60.00' 15.31' C5 17 °23'31" 60.00' 18.21' C6 17 °23'31" 40.00' 12.14' C7 14 °37'27" 40.00' 10.21' C8 7 °01'02" 1135.00' 139.01' C9 71 °32'40" 71.50' 89.28' C10 8 °32'19" 1060.00' 157.97' C11 37°14'50" 45.00' 29.25' C12 1'42'15" 980.00' 29.15' Qj 2� Q C7. C6 cs I'v° M C6 tri rn vi <r N z 0 v w to d' z Li z J w HUNSAKER & ASSOCIATES LICENSE FOR I R V I N E I N C ACCESS PURPOSES PLANNING ENGINEERING • SURVEYING ACCESS f Three Hughes • Irvine, CA 92618 • PH: (949) 583.1010 • FX: (949) 583.0759 IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE. 9 -19 -06 D 04/29/13 B,G K. VO By: R. WILLIAMS SCALE: 1"= 80' W.O. 22- 16209AX F "E: I: \YLCollege \Id \6791 \SHT01 .dwq I H &A LEGAL No. 6791 1 SHEET 1 OF 1 ITEM NO. 5.1 AGENDA REPORT Meeting Date: October 7, 2013 Budgeted: No To: Planning- Engineering- Cost Estimate: $100,445 Operations Committee Funding Source: Water Operating Fund From: Steve Conklin, Acting General Account No: 15020071036/25030071080 Manager Presented By: Steve Conklin, Acting General Dept: Operations Manager Reviewed by Legal: N/A Prepared By: Anthony Manzano, Senior CEQA Compliance: N/A Project Manager Subject: City of Yorba Linda 2013 -14 Pavement Resurfacing - Valve and Manhole Adjustments SUMMARY: In accordance with the City of Yorba Linda/YLWD Public Sewer Transfer Agreement, the District is financially responsible for adjusting water valve covers and manhole covers to grade. Staff estimates the adjustment work for this fiscal year will cost approximately $100,445 and is informing the Committee of this un- budgeted expense. DISCUSSION: April 27, 2011, the District entered into the Public Sewer Transfer Agreement with the City of Yorba Linda. Section 13.0 of the agreement requires the District to be financially responsible for the cost of adjusting valve and manhole covers to grade as required for City work in the public right -of -way or easements. A copy of this section of the agreement is attached. The City recently notified the District that it's commencing work on the FY 2013 -14 Annual Pavement Resurfacing Project. Staff reviewed the amount of adjustment work required for this extensive Resurfacing Project, and estimates this element of the work will cost approximately $92,000. An overview map of the City's Resurfacing Project is attached. In addition to the City's Resurfacing Project, on August 26, 2013, the City submitted a Payment Request for valve and manhole adjustment work in Yorba Linda Boulevard for $7,245. The District reimbursed the City on September 12, 2013 after receipt of Board approval. This work occurred within two reaches of Yorba Linda Boulevard, from Lakeview Avenue east to Avocado Street and from Avenue Rio Del Oro east to Village Center Drive. The District also paid $1,200 for materials for this reach of adjustments, for a total of $8,445. The estimated overall total cost for the City's Resurfacing work and Yorba Linda Boulevard adjustments is $100,445. For next year, District staff will coordinate with City staff for an estimate of the valve and manhole adjustment work projected for FY 2014 -15. That estimate will be budgeted for the District for FY 2014 -15. STRATEGIC PLAN: FR 2 -C: Implement an Approach to Ensure Reserves are Responsibly Funded ATTACHMENTS: Description: Type: Section 13 of CYL -YLWD Sewer Transfer Aqmt.pdf CYL -YLWD Transfer Agreement Backup Material CoYL 13 -14 Slurry Seal Overview Map - FINAL.pdf Project Overview Map Backup Material 12.0. REIMBURSEMENT BY CITY FOR RELOCATION. The City acknowledges that most of the Sewer Collection Facilities are located in the public right of way. In the event City requires District to relocate any portion of the Sewer Collection Facilities transferred by this Agreement after the Transfer Date, the City agrees to pay, in advance of commencement of construction, all costs incurred by the District for such relocation, including design and engineering fees, material costs and construction cost except as noted in Section 13.0. 13.0. AJUSTMENT OF WATER VALVE AND SEWER MANHOLE COVERS. The District agrees to adjust water valve and sewer manhole covers to grade at their cost for all water valve and sewer manhole covers within City right -of -way or City easements upon written request of the City. When the adjustments are related to a City construction project, the City shall submit the unit costs for such work to the District. The District shall approve or disapprove the unit costs within 10 working days. If the unit costs are approved, the District shall authorize the City to perform the work and reimburse the City for the cost of such services. If the District does not approve the unit costs, the District shall perform the work itself in coordination with the City's construction contractor. When the adjustment request is not related to an ongoing City construction project, the adjustments shall be completed by the District within 15 working days. 14.0. COORDINATION OF DISTRICT AND CITTY PROJECTS. The District and City shall meet as required to coordinate proposed projects to minimize disruption to the public and to avoid destruction of newly placed improvements. District and City staff shall meet to review and discuss their seven year Capital Improvement Programs and to plan projects accordingly. 15.0. TRANSFER OF SUPLUS PROPERTY Subject to the terms and conditions of this Agreement, the District hereby transfers and assigns to the City, and City accepts, all of the District's right, title and interest in and to the asset known as the "Brush Canyon Chlorination Building ", located on the east side of Brush Canyon Park. Brush Canyon Chlorination Building encompasses Parcel 1 on Exhibit "B" hereto and will be declared surplus and transferred to the City within six (6) months of the Transfer Date. 16.0. LIMITED ASSUMPTION OF LIABILITIES. The District shall assume the following Iisted liabilities for the ongoing operation of the Sewer Collection Facilities. 16-1. All accounts payable first accruing from and after the Transfer Date. The City shall retain all responsibility for collection and recovery of accounts payable accruing prior to the Transfer Date. PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda -- Yorba Linda Water District Page 7 T�ATNIENT PER STREET F"" f lk F_ 0 III !L 2 01 III 15 J; % 161 4, op E A- 7 II SLURRY SEAL TYPE SLUR E 1) 12 SLURRY SEAL (TYPE 11) RUBBERIZED CAPE SEAL AC INLAY # STRIPING PLAN SHEET NUMBER �4, STRIPING CHANGE FROM EXISTING CITY OF YORBA LINDA SEE DETAILS AND PLANS Harris & Associates, FY 2013-14 ANNUAL PAVEMENT RESURFACING SLURRY SEAL, ZONES 3 AND 4 2 .11- (1A) .-l- PROJECT OVERVIEW MAP 17 w_ — --------- - ITEM NO. 5.4 AGENDA REPORT Meeting Date: October 7, 2013 Subject: Monthly Groundwater Production and Purchased Import Water Report ATTACHMENTS: Description: Type: Import 2013 -14 Sep.pdf Sep 2013 Monthly Water Report Backup Material Revised Import 2013- 14.pdf Revised Report Backup Material YLWD SOURCE WATER SUMMARY FY 2013 -14 Allowable GW (YTD) 3,668.0 (AF) Underpumped 794.5 (AF) IN -LIEU GW (AF) ACTUAL GW (AF) ADJUSTED IMPORT (AF) TOTAL DEMAND (AF) MONTHLY GW ( %) YTD GW ( %) BUDGET (Demand Est.) (AF) DELTA ( %) MONTH Jul -13 Aug -13 Sep -13 Oct -13 Nov -13 Dec -13 Jan -14 Feb -14 Mar -14 Apr -14 May -14 Jun -14 - 1,286.5 1,105.4 2,391.8 53.8% 53.8% 2,354.0 1.6% - 824.9 1,581.0 2,405.8 34.3% 44.0% 2,316.0 3.9% - 762.2 1,521.2 2,283.4 33.4% 40.6% 1 2,032.0 12.4% 1,714.0 45.0% 1,354.0 40.0% 1,218.0 35.0% 1,062.0 30.0% Jul -13 Aug -13 Sep -13 1,016.0 Month 1,204.0 1, 506.0 1,992.0 2,232.0 FYTD - 1 2,873.5 1 4,207.5 1 7,081.1 1 1 40.6% 1 6,702.0 5.7% Allowable GW (YTD) 3,668.0 (AF) Underpumped 794.5 (AF) GROUNDWATER PERCENTAGE 80.0% MONTHLY GW (% ) 75.0% tYTD GW (% ) 70.0% -BPP GOAL 51.8% 65.0% 60.0% 55.0% IL 50.0% 45.0% 40.0% 35.0% 30.0% Jul -13 Aug -13 Sep -13 Oct -13 Nov -13 Dec -13 Jan -14 Feb -14 Mar -14 Apr -14 May -14 Jun -14 Month 22,000 20,000 111 16,000 14,000 UL a Q 12,000 E n > 10,000 8,000 6,000 4,000 2,000 0 FY 2013 -14 YTD Water Supply Budgeted Total GW + Import —a--Actual Total GW + Import --w--BPP GW Goal 51.8% Actual GW Production —e---Actual Total GW + Import 2012 -13 Jul -13 Aug -13 Sep -13 Oct -13 Nov -13 Dec -13 Jan -14 Feb -14 Mar -14 Apr -14 May -14 Jun -14 Month REVISED ITEM NO. 5.4. YLWD SOURCE WATER SUMMARY FY 2013 -14 Allowable GW (YTD) 3,668.0 (AF) Underpumped 794.5 (AF) IN -LIEU GW (AF) ACTUAL GW (AF) ADJUSTED IMPORT (AF) TOTAL DEMAND (AF) MONTHLY GW (%) YTD GW (%) BUDGET (Demand Est.) (AF) DELTA (%) MONTH Jul -13 Aug -13 Sep -13 Oct -13 Nov -13 Dec -13 Jan -14 Feb -14 Mar -14 Apr -14 May -14 Jun -14 - 1,286.5 1,105.4 2,391.8 53.8% 53.8% 2,477.9 -3.5% - 824.9 1,581.0 2,405.8 34.3% 44.0% 2,437.9 -1.3% - 762.2 1,521.2 2,283.4 33.4% 40.6% 1 2,139.0 6.8% 1,804.2 45.0% 1,425.3 40.0% 1,282.1 35.0% 1,117.9 30.0% Jul -13 Aug -13 Sep -13 1,069.5 Month 1,267.4 1,585.3 2,096.9 2, 349.5 FYTD - 1 2,873.5 1 4,207.5 1 7,081.1 1 1 40.6% 1 7,054.9 0.4% Allowable GW (YTD) 3,668.0 (AF) Underpumped 794.5 (AF) GROUNDWATER PERCENTAGE 80.0% MONTHLY GW (% ) 75.0% tYTD GW (% ) 70.0% -BPP GOAL 51.8% 65.0% 60.0% 55.0% IL 50.0% 45.0% 40.0% 35.0% 30.0% Jul -13 Aug -13 Sep -13 Oct -13 Nov -13 Dec -13 Jan -14 Feb -14 Mar -14 Apr -14 May -14 Jun -14 Month 22,000 20,000 111 16,000 14,000 UL a 12,000 E 0 10,000 8,000 6,000 4,000 2,000 0 Jul -13 REVISED ITEM NO. 5.4. FY 2013 -14 YTD Water Supply - Budgeted Total GW + Import —a--Actual Total GW + Import --w--BPP GW Goal 51.8% Actual GW Production —e---Actual Total GW + Import 2012 -13 Aug -13 Sep -13 Oct -13 Nov -13 Dec -13 Jan -14 Feb -14 Mar -14 Apr -14 May -14 Jun -14 Month AGENDA REPORT Meeting Date: October 7, 2013 Subject: Monthly Production Summary Report ATTACHMENTS: Description: Copy of Blank Monthly Production Division Status Report Sept 13 Final.pdf Production Summary Report ITEM NO. 5.5 Type: Backup Material Monthly Production Summary Report DATE: Oct. 1, 2013 Water Production Equipment Name % Groundwater 34.1 % Import Water 65.9 Max Day 28.84 Min Day 20.24 Average Day 24.24 Weather Conditions Max Temperature 98 Min Temperature 71 # of High Wind Days 1 # of Red Flag Days 1 Inches of Rain 0 Water Quality Location Average Cl2 Dose Richfield (North Loop) 1.40 Richfield (South Loop) 1.30 Lakeview Booster (Zone 2) 1.20 Lakeview Booster (Zone 3) 2.00 Well # 15 Off Well # 20 1.00 Location Average Cl2 Residual Highland Booster 1.30 Valley View Booster 2.50 Paso Fino Booster 2.60 Hidden Hills Reservoir 1.60 Camino de Bryant Reservoir 1.60 Notes: Out of Service Equipment Equipment Name Reason for Out of Service VV Cl2 analyzer waiting for repair parts Richfield MP -1 Motor burnt out Richfield So. Loop Flow Meter Not operational - IT Returned to Service Equipment Name Date Well 18 9/17/2013 Box Canyon BP -1 In service but more work to be done Pump Alarms 5 After Hours Responses Hi /Lo Water Levels 2 Hi /Lo Cl2 Levels 2 Communication Alarms 2 Pump Alarms 5 Well Gas Engine Run Hours Well 1 563.9 Well 5 422.38 Well 7 707.39 Well 18 3.22 Box Canyon is back in service but not meeting the required performance. Layne and YLWD Engineering are working to resolve the problems. Richfield Chlorine North Loop has been completely rebuilt on the discharge side due to the number of leaks in the pipe and the joints. Summer pumping season has ended as of Oct. 1, we will be increasing our ground water production in the next week or two. Currently we are at 34% ground water, we will be increasing to approximately 57.5% to meet out BPP of 51.8% for the year. ITEM NO. 5.6 AGENDA REPORT Meeting Date: October 7, 2013 Subject: Maintenance Division Preventative Maintenance Report ATTACHMENTS: Description: Type: 2013 -14 fiscal Sept 2013.pdf Preventative Maintenance Report Backup Material PREVENTATIVE AND REACTIVE MAINTENANCE FISCAL 2013114 Fiscal 2013 -14 1 JUL I AUG I SEP I OCT I NOV I DEC I JAN I FEB I MAR I APR I MAY I JUN Percent of targetl 8016 1 17016 1 25016 1 33016 1 42% 1 50% 1 58% 1 67% 1 75% 1 83% 1 92% 1 100 HYDRANTS (3,881) Target; all hydrants to be serviced annually. INSPECTED THIS MONTH 3191 285 252 INSPECTED THIS YEAR 3191 6041 856 OF TOTAL 8.2%1 15.6%1 22.1 VALVES (10,706/2 = 5,353) Target; all valves to be operated every two years OPERATED THIS MONTH 5181 5821 644 OPERATED THIS YEAR 5181 11001 1,744 OF TOTAL 9.7%1 20.6%1 32.6 DEAD ENDS (155 X 2 = 310) Target; all dead ends to be flushed biannually. FLUSHED THIS MONTH 01 01 0 FLUSHED THIS YEAR 01 01 0 % TOTAL 0.0%1 0.0%1 0.0% AIR VACS (525) Target; all air /vacs to be serviced annually. INSPECTED THIS MONTH 3 0 1 INSPECTED THIS YEAR 3 3 4 % TOTAL 0.6% 0.6%1 0.8% PRVs (150) Target; all PRVs to be serviced annually. INSPECTED THIS MONTH 1 101 181 11 INSPECTED THIS YEAR 1 101 281 39 % TOTAL 1 6.7%1 18.7%1 26.0 WATER LEAKS Target; all leaks repaired at first available opportunity. MAIN REPAIRED 1 1 0 SERVICE REPAIRED 10 3 2 SERVICE REPLACED 11 15 18 AMS REPLACED 12 11 10 METERS Target; all meter work completed no later than next working day. NEW INSTALL 1 131 33 1 31 STUCKS 1 41 41 21 1 SEWER CLEANING (235 M) Target; all sewers to be cleaned annually. CLEANED THIS MONTH 20.351 19.56 16.73 CLEANED THIS YEAR 20.351 39.911 56.64 OF TOTAL 8.70%1 16.98%1 24.10 SEWER TELEVISING (29.38M) Target; all sewers to be televised every 8 years. TELEVISED THIS MONTH 4.08 1 3.47 1.64 TELEVISED THIS YEAR 4.08 1 7.55 1 9.19 OF TOTAL 13.90%1 25.70%1 31.28 OTHER SEWER WORK. S.S. OVERFLOWS 0 0 0 ROOT FOOTAGE 4,020 0 335 EMAs AND SYPHONS 4.46 2 3.12 SERVICE CALLS 3 2 0 REHAB FOOTAGE 0 0 0 MAIN REPAIRS 0 0 0 MANHOLE ROOT CLEANING 0 2191 1 MANHOLE REPAIRS 1 61 21 8 Meeting Date: Subject: ATTACHMENTS: AGENDA REPORT October 7, 2013 ITEM NO. 5.7 Groundwater Producers Meeting Report for September 2013 GWP Mtq Notes September 11 2013.docx Description: GWP Meeting for Sep 2013 Type: Backup Material ImYorba Linda Water District MEMORANDUM DATE: September 11, 2013 TO: Steve Conklin, Acting General Manager FROM: John DeCriscio, Operations Manager SUBJECT: Groundwater Producers Meeting, September 11, 2013 Steve Conklin and I attended the Groundwater Producers (GWP) meeting on September 11, 2013 at Orange County Water District, (OCWD). A summary of the item discussed is as follows: 1. Water Quality Issues: OCWD water quality staff provided an update on the California Department of Public Health's (DPH) proposed drinking water standards for Hexavalent Chromium, (Cr6). Chromium is a naturally occurring element that is found in rocks, soil, plants, and water. It is converted to Cr6 by the disinfection process, chlorination. Cr6 gained public attention as a carcinogen, after the release of the movie, "Erin Brockovich" in 2000. In 2011 the final Public Health Goal, (PHG) for Cr6 was set at 0.02 parts per billion, (ppb). PHGs are not enforceable standard, but they are used to set the Maximum contaminant Levels, (MCLs). In 2013 DPH proposed a MCL for Cr6 at 10 ppb, which is currently out for public review and comment. The level of Cr6 found in Yorba Linda Water District's groundwater ranges between 0.2 and 1.0 ppb, well below the proposed MCL. MWD lists Cr6 as "non- detect" in our import water. 2. Update on Forebay Activities: OCWD reported the Forebay System (i.e., the riverbed and series of recharge basins in Anaheim and Orange) has 16,500 acre feet, (AF) of storage capacity at this time with 350 to 500 AF /day of recharge capacity. The current base flow in the SAR is between 50 and 70 AF, however they were able to capture 300 AF of water from the rains last month. OCWD is also purchasing for recharge 20,000 AF of water from MWDOC at a cost of approximately $500,000. 3. Annexation Update: OCWD staff's goal is to have this issue go to their Board on October 2, 2013 for final review and consideration. 4. OCWD /MWDOC Consolidation Discussion Update: The two agencies have established an Ad Hoc Committee for these discussions. For OCWD, Denis Bilodeau, Shawn Dewane, and Philip Anthony are representatives. For MWDOC, Brett Barbre, Jeffery Thomas, and Wayne Clark are the reps. 5. Ocean Desalination: OCWD staff is planning to have a "white paper" for their board by the end of this year. One of the things they will be looking at is if product water from the desalination facility can be of particular benefit along the coast to protect against sea water intrusion. Other pieces of the study will revolve around the cost allocations made by the project developer to see if they are realistic. Additionally a Citizens Advisory Committee is being established to provide input from various groups; this committee will be made up of approximately 20 members from various sides of the issue and areas of the District. At this time they have approximately 62 interested applicants. Staff will be looking to the OCWD Board's Executive Committee to help guide them in the selection process. ITEM NO. 5.8 AGENDA REPORT Meeting Date: October 7, 2013 Subject: Status Report on Capital Projects in Progress ATTACHMENTS: Description: Type: CIP Rept 0ct2013.pdf Status Report on Capital Projects in Progress Backup Material CAPITAL IMPROVEMENT PROJECTS STATUS REPORT Date: October 1, 2013 New Information since Last Report is Shown in Red IN CONSTRUCTION Project Current Status Next Actions Comments 1 2012 Waterline Repl., Ph. IL• Tamarisk, Hidden Richfield Rd. final paving and Contractor will begin the Contractor is addressing "punch Hills, Catalina Ct., Gordon Ln. & Richfield Rd. striping is complete. The Sunwood Ln. Pressure list" items as needed. Budget: $1.17M Job No.: 201120 contractor also finished paving Reducing Station, starting Project Contact: Joe Polimino and striping Hidden Hills Rd. with preparation of the Planned Completion Date: Early 2014 and Cresthill Dr. bore pit on Sunwood Ln. 2 Yorba Linda Blvd. Pump Station Contractor completed the CMU The steel beams for the Contractor Submittals continue, Budget: $2.65M Job No.: 200817B block walls, including the grout pump station roof will be with staff review; mainly Project Contact: Joe Polimino fill. The door frames were also installed next, along with regarding electrical components. Planned Completion: April 2014 installed. the wall louvers. CAPITAL IMPROVEMENT PROJECTS STATUS REPORT Date: October 1, 2013 New Information since Last Report is Shown in Red IN DESIGN Project Current Status Next Actions Comments 1 Lakeview Grade Separation (OCTA Project) OCTA's consultant OCTA procured funding and OCTA expects to start utility Budget: $700,000 Job No.: 201002 submitted final design; is currently soliciting bids. relocation work early 2014 and Project Contact: Anthony Manzano staff provided final bridge work early 2015. Bridge Planned Completion Date: Early 2014 comments. work requires complete closure. 2 YL High School Park Pipe Relocation Design complete. School Board requires FDCA requires School District Budget: $350,000 Job No.: 201213 Submitted Finance, approval of FDCA and to grant 2 new easements prior Project Contact: Hank Samaripa Design, Construction pipeline bids with High to start of construction. Planned Completion Date: December 2013 Agreement (FDCA) to School Park improvements PYLUSD; no response. prior to start of construction. 3 Well 21 Drilling Project 3 bids received on 9/19/13. Staff evaluated bids and will Issue Notice -to- Proceed Mid to Budget: $800,000 Job No.: 200922 #21 Low bidder was recommend PEO and Board Late October. Project Contact: Derek Nguyen Bakersfield Well & Pump award to BWP. Planned Completion Date: Late 2014 (BWP) at $863,345. 4 Elk Mountain Surge Tank Completing plans and Solicit bids for construction. Anticipate completion early Budget: $100,000 Job No. 201313 specifications. 2014. Project Contact: Anthony Manzano Planned Completion Date: January 2014 5 Fairmont BPS Upgrade Conducted field tour with MWH to prepare a draft Final design plans to be Budget: $6,000,000 Job No. 201011B design consultant, MWH. Preliminary Design Report complete summer of 2014. Project Contact: Hank Samaripa Transferred District data to and CEQA documentation. Construction estimated to be Planned Completion Date: Late 2015 MWH. In preliminary complete late 2015. design stage. CAPITAL IMPROVEMENT PROJECTS STATUS REPORT Date: October 1, 2013 New Information since Last Report is Shown in Red IN PLANNING Project Current Status Next Actions Comments 1 Well 21 Equipping Project Staff evaluated proposals and If PEO and Board awards Estimated equipping Budget: $1,500,000 Job No.: 200922 #21 recommends award to Stantec design contract, staff will design completion, mid - Project Contact: Derek Nguyen Consulting Services, Inc. at send NTP to Stantec and 2014. Planned Completion Date: Late 2015 October 10th Board Meeting. execute PSA. CAPITAL IMPROVEMENT PROJECTS STATUS REPORT Date: October 1, 2013 New Information since Last Report is Shown in Red PROPOSED DEVELOPMENT Note: Olson Co. proposed development in Yorba Linda has been withdrawn by developer. 11 Project Current Status Next Actions Comments 1 Olson Co. T17489 (N. of Golden Ave., Placentia) Plans being finalized. Developer to finalize plans, Estimate construction start date Budget: TBD Job No.: 201301 Awaiting developer execute Agreements & pay in early 2014 & 33 -unit condo Project Contact: Ariel Bacani Agreement execution & YLWD fees. tract completion by 2017. final fee payment. 2 Brandywine Homes T17548 (S. of Nixon Lib.) On -hold, pending a 10/15 If project continues: If project continues: Developer Budget: TBD Job No.: 201304 Yorba Linda City Council Complete plan check, will negotiate property and Project Contact: Ariel Bacani Meeting appeal. Agreements & fee schedule. easement acquisitions. 3 Buy -Buy Baby (Savi Ranch) Plans finalized. Awaiting Awaiting Mylar prints of Estimate construction start date Budget: TBD Job No.: 201309 Parcel Map submittal & Plans & Tract Maps. Execute in early 2014 & building Project Contact: Ariel Bacani execution of Agreements Agreements & fee payments completion by early 2015. & remaining fee payment. prior to District approval. 4 Costco Gas Station/Mirage Street Vacation Completing waterline Finalize easement and seek Costco to complete new gas Budget: TBD Job No. 201310 easement/indemnification Board approval prior to station & improvements by mid Project Contact: Anthony Manzano for future parking area. execution. to late 2014. 5 Yavitz Company — Valley View Retail Received Mylar prints of Forward Service Agreements Estimate construction start date Budget: TBD Job No.: 201313 plans. Waiting to plan & remaining fee schedule for in early 2014 & retail center Project Contact: Ariel Bacani check Parcel Map. developer execution. completion by 2015. 6 Shapell Homes T16208 (West of YLHS) Completed 1st plan check Continue plan check. Estimate construction start date Budget: TBD Job No.: 201315 of Water & Sewer Generate Service mid 2014 & 49 -lot housing tract Project Contact: Ariel Bacani Improvement Plans. Agreements & fee schedule. completion by 2018. Note: Olson Co. proposed development in Yorba Linda has been withdrawn by developer. 11 AGENDA REPORT Meeting Date: October 7, 2013 ITEM NO. 5.9 Subject: Status of Strategic Plan Initiatives ATTACHMENTS: Description: Type: Strat PI Tracking- Sep 2013.xlsx Strategic Plan Initiatives for Sep 2013 Backup Material Strategic Plan Initiatives Status Report Planning- Engineering- Operations Committee Strategies Start Date Completion Lead Party September 2013 Progress Date FR 2: Increase Reserve Funding Analyze the Asset Annual Review Management Plan to Prior to Budget Engineering In 2012, we completed approximately $8.2 FR 2 -13 Determine Future Dec -11 and CIP Manager million in construction projects. Needs Update SR 1: Work Toward Service Reliabilitv and Efficiency Demand Projections were reviewed and SR 1 -13 Forecast Service Oct -10 Jun -11 Engineering submitted to MWDOC on Feb 27, 2013 for Demand Projections Manager each of the next five FYs and out to Year 2035 Develop Additional Engineering Awarding Contract for drilling of Well No. SR 1 -E Well Sites Mar -11 Jun -12 Manager 21 and authorizing PSA for Design of Wellhead facilities in October. SR 3: Continue Implementation of Ca itaI Im rovement Pro'ect Plan 2007 -2012 Complete Implementation of Current status is approximately $3.6 Five -Year Capital Engineering million of projects in construction phase SR 3 -A Improvement Plan On -going On -going Manager and $8.5 million in the planning and from FY 2007 -2012 design phases. with Adopted Amendments Continue Planning for Consultant is collecting data and SR 3 -B Long -Term Capital On -going On -going Engineering performing field work for the preparation of Improvements and Manager the Preliminary Design Rept for Fairmont Replacements Booster Station Upgrade Project.