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HomeMy WebLinkAbout2013-10-10 - Board of Directors Meeting Agenda PacketYorba Linda ''ter District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, October 10, 2013, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Gary T. Melton, President Robert R. Kiley, Vice President Michael J. Beverage Ric Collett Phil Hawkins 4. ADDITIONS /DELETIONS TO THE AGENDA 5. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 6. COMMITTEE REPORTS 6.1. Citizens Advisory Committee (Beverage) Minutes of meeting held September 23, 2013 at 8:30 a.m. Meeting scheduled October 28, 2013 at 8:30 a.m. 7. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 7.1. Minutes of the Board of Directors Regular Meeting held September 26, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Special Meeting held September 30, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $464,984.07. 7.4. Progress Payment No. 6 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 6 in the net amount of $52,977.70 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 -17B. 8. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 8.1. Approval of OCWD Annexation Agreement Recommendation: That the Board of Directors approve Resolution No. 13 -14 Adopting Findings for Purposes of and Pursuant to the Provisions of the California Environmental Quality Act of 1970 in Connection with the Annexation of 6,258 Acres of Land in the Yorba Linda Water District Boundaries into the Orange County Water District and Approving an Agreement for Annexation to Orange County Water District. It is staffs conclusion and recommendation that the Final EIR discussed below adequately addresses CEQA compliance for YLWD's annexation to OCWD. 8.2. Approval of Change Order No. 3 for the 2012 Waterline Replacement Phase II Project Recommendation: That 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. 8.3. Award of Construction Contract for the Drilling of Well No. 21 Recommendation: That 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. 8.4. Award of Wellhead Equipping Design for Well No. 21 Recommendation: That 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. 8.5. Amendment No. 1 to Professional Services Agreement with CDM Smith for Hydrogeologic Services for Well No. 21 Recommendation: That 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 8.6. Landscape Contract Approval Change Recommendation: That the Board of Directors authorize the General Manager to enter into a Landscape Service Contract with Marina Landscape, Inc. The initial term of the contract will be 9 month with service starting on October 1, 2013 and ending on June 30, 2014, with a total contract cost not to exceed $62,320.32. Additionally, that the Board of Directors authorize the General Manager to execute the annual renewal options as provided, if staff remains satisfied with the level of service being provided by Marina Landscape, Inc. 9. REPORTS. INFORMATION ITEMS. AND COMMENTS 9.1. President's Report 9.2. Directors' Report 9.3. Acting General Manager's Report 9.4. General Counsel's Report 9.5. Future Agenda Items and Staff Tasks 10. COMMITTEE REPORTS CONTINUED 10.1. Executive - Administrative - Organizational Committee (Melton /Kiley) • Minutes of meeting held September 17, 2013 at 4:00 p.m. • Meeting scheduled October 15, 2013 at 4:00 p.m. 10.2. Finance - Accounting Committee (Hawkins /Melton) Meeting scheduled October 28, 2013 at 12:00 p.m. 10.3. Personnel -Risk Management Committee (Collett /Beverage) • Minutes of meeting held October 8, 2013 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Meeting scheduled November 12, 2013 at 4:00 p.m. 10.4. Planning- Engineering- Operations Committee (Kiley /Hawkins) • Minutes of meeting held October 7, 2013 at 12:00 p.m. (To be provided at the next regular Board meeting.) • Meeting scheduled November 13, 2013 at 12:00 p.m. 10.5. Public Affairs - Communications - Technology Committee (Beverage /Collett) • Minutes of meeting held September 25, 2013 at 4:00 p.m. Meeting scheduled October 14, 2013 at 4:00 p.m. 10.6. Organizational and Efficiency Study Ad Hoc Committee (Beverage /Hawkins) • Meeting to be scheduled. 10.7. YLWD -City of Placentia Joint Agency Committee (Melton /Hawkins) Meeting scheduled October 14, 2013 at 9:30 a.m. 10.8. YLWD -City of Yorba Linda Joint Agency Committee (Kiley /Beverage) Meeting scheduled October 16, 2013 at 6:30 p.m. 10.9. YLWD - MWDOC -OCWD Joint Agency Committee (Beverage /Melton) • Minutes of meeting held September 24, 2013 at 4:00 p.m. • Meeting scheduled November 26, 2013 at 4:00 p.m. is= P►1111i:4 :1091T /4:VNLTT 14 k1ir_1>R►M4:19UNIL9 11.1. Yorba Linda LMAD CAC - September 26, 2013 (Kiley) 11.2. YL City Council - October 1, 2013 (Kiley) 11.3. MWDOC Board - October 2, 2013 (Melton) 11.4. OCWD Board - October 2, 2013 (Kiley) 11.5. YL Planning Commission - October 9, 2013 (Melton) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from October 11, 2013 - November 30, 2013 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS This section of the agenda is for the Board of Directors to authorize Director attendance at the listed events. 13.1. Mayor of Yorba Linda State of the City Address - October 23, 2013 Diemer 50th Anniversary and Ozone Facility Dedication - October 25, 2013 Recommendation: That the Board of Directors authorize Director attendance at these events if desired. 14. CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and /or litigation. The public is excused during these discussions. 14.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA /JPIA, et al. vs. Insurance Company of the State of Pennsylvania, et al. (OC Superior Court - Case No. 00486884) 14.2. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: City of Anaheim vs. Ana J. Matosantos, et al. (Superior Court of CA, Sacramento — Case No. 34- 2013 - 80001529) 14.3. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to line break at 1301 North Rose Drive, Placentia CA 92870. Number of Potential Cases: One 14.4. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to written communications from potential plaintiffs threatening litigation. Number of Potential Cases: One 14.5. Public Employment Pursuant to Section 54957 of the California Government Code Title: General Manager 15. ADJOURNMENT 15.1. The next Regular Board of Directors Meeting will be held Thursday, October 24, 2013 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non - exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy -two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http: / /www.ylwd.com /. Accommodations for the Disabled Any person may make a request for a disability - related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714 - 701 -3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability - related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. Meeting Date Subject: M ATTACHMENTS: ITEM NO. 6.1 AGENDA REPORT October 10, 2013 Citizens Advisory Committee (Beverage) Minutes of meeting held September 23, 2013 at 8:30 a.m. • Meeting scheduled October 28, 2013 at 8:30 a.m. Name: 092313 - CAC Minutes.docx Description: CAC Mtg Minutes 09/23/13 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING Monday, September 23, 2013 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The September 23, 2013 meeting of the Yorba Linda Water District's Citizens Advisory Committee was called to order by Chair Daniel Mole at 8:30 a.m. The meeting was held in the Training Room at the District's Administration Building located at 1717 East Miraloma Avenue, Placentia, California 92870. 2. ROLL CALL 3. 4 COMMITTEE MEMBERS PRESENT Daniel Mole, Chair Rick Buck Fred Hebein Joe Holdren YLWD DIRECTORS PRESENT Michael J. Beverage, Director Robert R. Kiley, Director Bill Guse Oscar Bugarini Sr. Lindon Baker Modesto Llanos YLWD STAFF PRESENT Damon Micalizzi, Public Information Officer OTHER ATTENDEES Brett Barbre, Director, Municipal Water District of Orange County Darcy Burke, Director of Public Affairs, Municipal Water District of Orange County Mark Schock PUBLIC COMMENTS None. PRESENTATIONS 4.1. Bay Delta Conservation Plan Update — Darcy Burke, Director of Public Affairs, Municipal Water District of Orange County Director Barbre gave a brief synopsis on the ongoing debate about the policies regarding the Delta and the importance of the Delta as a water conveyance to all of California. With that, he introduced Darcy Burke noting her vast history in California water. Ms. Burke offered a presentation to the Committee on The Bay Delta Conservation Plan (BDCP), as part of California's overall water management portfolio. She touched on the many issues encompassing this topic that is being developed as a 50 -year habitat conservation plan with the goals of restoring the Sacramento -San Joaquin Delta ecosystem and securing California water supplies. 1 5. DISCUSSION ITEMS 5.1. Status of OCWD Annexation (Verbal Report) Director Beverage updated the Committee on the latest information regarding the pending YLWD Annexation into OCWD. 5.2. Yorba Linda Water District Information Brochure Mr. Micalizzi presented the Committee with copies of the finalized brochure. Each member was provided with copies to refer to and or distribute in the Community. 5.3. OCWD Groundwater Adventure Tour Mr. Micalizzi informed the Committee of OCWD's upcoming Groundwater Adventure Tour on Thursday, October 24, 2013, noting that RSVPs should be made promptly. 5.4. Rescheduling of December Citizens Advisory Committee to December 16, 2013 The Committee discussed holding their December meeting on Monday December 16, 2013, as the Christmas Holidays had forced the Board of Directors Meeting to be rescheduled to Monday, December 23, 2013, the usual date for the CAC to meet. After some discussion, Chairman Mole suggested scheduling the meeting for December 16, 2103; however, the Committee would revisit this topic at the future CAC meetings in October and November as Committee members make their holiday travel plans. 5.5. Future Agenda Items • District Organizational & Efficiency Study • Hydraulic Fracturing 6. ADJOURNMENT 6.1. The meeting was adjourned at 10:15 a.m. The next Citizens Advisory Committee meeting is scheduled to be held Monday, October 28, 2013 at 8:30 a.m. FA AGENDA REPORT Meeting Date: October 10, 2013 ITEM NO. 7.1 Subject: Minutes of the Board of Directors Regular Meeting held September 26, 2013 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name: 092613 BOD - Minutes.doc Approved by Board of Directors of the Yorba Linda Water District 10/10/2013 RC /MB 4 -0 -1 PH was absent. Description: BOD Mtg Minutes 09/26/13 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, September 26, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The September 26, 2013 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Melton at 8:30 a.m. The meeting was held in the Board Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Melton led the pledge. 3. ROLL CALL DIRECTORS PRESENT Gary T. Melton, President Robert R. Kiley, Vice President Michael J. Beverage Ric Collett Phil Hawkins ALSO PRESENT 4. 5. 91 STAFF PRESENT Steve Conklin, Acting General Manager John DeCriscio, Operations Manager Delia Lugo, Acting Finance Manager Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Damon Micalizzi, Public Information Officer Tom Lindsey, Mayor, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP ADDITIONS /DELETIONS TO THE AGENDA None. PUBLIC COMMENTS None. CONSENT CALENDAR Director Collett made a motion, seconded by Director Hawkins, to approve the Consent Calendar. Motion carried 5 -0. 6.1. Minutes of the Board of Directors Regular Meeting held September 12, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 1 6.2. Minutes of the Board of Directors Special Meeting held September 19, 2013 Recommendation presented. That the Board of Directors approve the minutes as 6.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,979,089.67. 6.4. Progress Payment No. 5 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 5 in the net amount of $194,992.11 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 - 17B. 6.5. Progress Payment No. 7 for the 2012 Waterline Replacement Project, Phase II Recommendation: That the Board of Directors approve Progress Payment No. 7 in the net amount of $93,179.51 to TBU, Inc. for construction of the 2012 Waterline Replacement Project, Phase ll, Job No. 2011 -20. 7. ACTION CALENDAR 7.1. Letter of Support for Permit for Poseidon Desal Project Mr. Conklin explained that the Seawater Desalination Working Group at MWDOC was requesting its members to sign a letter encouraging the California Coastal Commission to vote to approve the Coastal Development Permit for the Huntington Beach Seawater Desalination Facility. A few of the Working Group members are not going to be able to sign the letter for various reasons so a revised letter excluding their names has been redistributed. Mr. Conklin then responded to questions from the Board regarding the reasons why some of the Working Group members were not going to be able to sign the letter. Director Beverage made a motion, seconded by Director Collett, to authorize the Acting General Manager to sign the letter from the Working Group to the Coastal Commission as the representative of YLWD. Motion carried 5 -0. 7.2. AWCA /JPIA Auto and General Liability Program for Policy Year 10/1/2013 —10/1/2014 Mr. Conklin explained that staff was presenting this insurance policy to the Board for consideration in accordance with the District's Risk Management Policy. This year's premium is $228,600, representing a 9.4% increase from last year's premium which was $215,272. The Personnel -Risk 2 Management Committee discussed this matter at its last meeting and recommended payment of the premium. Director Collett noted that even though the premium had increased from last year's, the total amount was still less than what was budgeted for this fiscal year. Director Kiley made a motion, seconded by Director Collett, to approve the ACWA/JPIA Auto and General Liability Insurance deposit premium for the policy year October 1, 2013 through September 30, 2014 in the amount of $228,600 and continue with the Retrospective Allocation Point of $25,000. Motion carried 5 -0. 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report None. 8.2. Directors' Report ■ MWD /MWDOC Inspection Trip Edmonston Pumpling Plant — September 20, 2013 (Melton) President Melton briefly reported on his attendance at this event and stated that it was a very exciting tour. 8.3. Acting General Manager's Report Mr. Conklin reported on the results of the District's participation in OCWA's annual horseshoe competition and pipe- tapping contest. He also stated that he had recently met with Rob Hunter, the new General Manager for MWDOC. Mr. Hunter is planning to come and meet all of the Board members shortly. Mr. Conklin then reported on the status of the District's request for annexation to OCWD. The agreement is scheduled to be considered by OCWD's Board of Directors on October 2, 2013 and YLWD's Board of Directors on October 10, 2013. Mr. Conklin briefed the Board on the status of various construction projects and asked Mr. DeCriscio to provide an overview of the activities of the Operations Department related to sewer maintenance. Mr. DeCriscio stated that there had been a significant decrease in sewer overflows since 2007 with zero occurring in 2010, 2012 or 2013 to date. Mr. Conklin invited the Board to attend the District's Health Benefits Fair on October 15, 2013. Mr. DeCriscio stated that the Operations Department was mostly involved in routine maintenance at this time. He further noted that he had received a call from MET advising the District that they were considering an 11 -day shutdown in January 2014. Mr. Conklin and Mr. DeCriscio then responded to questions from the Board regarding the status of construction on Richfield Road and the relocation of District signage to the another construction project. 8.4. General Counsel's Report Mr. Kidman stated that a Closed Session would be necessary and provided the Board with an overview of recent developments related to AB 145. 3 8.5. Future Agenda Items and Staff Tasks Director Beverage suggested that staff begin making preparations for the potential drilling of another well in 2016 should the District's request for annexation to OCWD be approved. Director Melton asked about the status of the project on Gun Club Road. Mr. Conklin responded that construction was still in progress and staff was anticipating completion by early next year. Director Beverage commented on the recent development of an informational brochure that will be used by members of YLWD's Citizens Advisory Committee for public distribution. Mr. Micalizzi provided a copy of the brochure to the Board. 9. COMMITTEE REPORTS 9.1. Executive - Administrative - Organizational Committee (Melton /Kiley) ■ Next meeting is scheduled to be held September 17, 2013 at 4:00 p.m. 9.2. Finance - Accounting Committee (Hawkins /Melton) ■ Minutes of the meeting held September 16, 2013 at 12:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held October 28, 2013 at 12:00 p.m. 9.3. Personnel -Risk Management Committee (Collett /Beverage) ■ Minutes of the meeting held September 10, 2013 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held October 8, 2013 at 4:00 p.m. 9.4. Planning- Engineering- Operations Committee (Kiley /Hawkins) ■ Next meeting is scheduled to be held October 7, 2013 at 12:00 p.m. 9.5. Public Affairs - Communications - Technology Committee (Beverage /Collett) ■ Minutes of the meeting held September 9, 2013 at 4:00 p.m. were provided in the agenda packet. 12 ■ Minutes of the meeting held September 25, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held October 7, 2013 at 4:00 p.m. 9.6. Organizational and Efficiency Study Ad Hoc Committee (Beverage /Hawkins) ■ Next meeting to be scheduled. 9.7. YLWD -City of Placentia Joint Agency Committee (Melton /Hawkins) ■ Next meeting is scheduled to be held October 14, 2013 at 9:30 a.m. 9.8. YLWD -City of Yorba Linda Joint Agency Committee (Kiley /Beverage) ■ Next meeting is scheduled to be held October 16, 2013 at 6:30 p.m. 9.9. YLWD - MWDOC -OCWD Joint Agency Committee (Beverage /Melton) ■ Minutes of the meeting held September 24, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held November 26, 2013 at 4:00 p.m. 9.10. Citizens Advisory Committee (Beverage) ■ Minutes of the meeting held September 23, 2013 at 8:30 a.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held October 28, 2013 at 8:30 a.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. City of YL LMAD CAC— September 12, 2013 (Beverage) Director Beverage attended and stated that the members were currently working on developing a mission statement for the Committee. 10.2. YL City Council — September 17, 2013 (Collett) Director Collett attended and commented on a few presentations provided during the meeting regarding the proposed construction of a toll road on the 91 freeway and the status of the Town Center. 0 10.3. MWDOC Board — September 18, 2013 (Melton) Director Melton attended and commented on the letter of support for the Huntington Beach Seawater Desalination Facility Permit and the continuation of the turf removal rebate program which were both approved during the meeting. 10.4. OCWD Board — September 18, 2013 (Kiley) Director Kiley attended and noted that the status of the District's request for annexation to OCWD was discussed during the meeting. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from September 27, 2013 —October 31, 2013 The Board reviewed the activity calendar and made no changes. 12. CONFERENCES, SEMINARS, AND SPECIAL EVENTS Director Collett stated that he had recently received an invitation from MET to attend their 50th anniversary celebration and dedication of the new ozone facilities at the Diemer Water Treatment Plant in Yorba Linda on October, 25, 2013. He will forward the invitation on the Directors following the Board meeting. 12.1. Yorba Linda Mayor's Prayer Breakfast — October 17, 2013 MWDOC Water Policy Forum & Dinner— October 23, 2013 OCWD Groundwater Adventure Tour — October 24, 2013 ACWA /JPIA Fall Conference — December 2 -3, 2013 ACWA Fall Conference — December 3 -6, 2013 CRWUA Annual Conference — December 11 -13, 2013 Director Beverage made a motion, seconded by Director Hawkins, to authorize Director attendance at these events if desired. Motion carried 5 -0. Mayor Lindsey addressed the Board and thanked Directors Beverage and Kiley for their attendance at the City Yorba Linda's LMAD Citizens Advisory Committee meetings. He provided an overview of the City Council's role in supporting the Committee and asked that the Board feel free to provide the Councilmembers with feedback. 13. CLOSED SESSION The meeting was adjourned to Closed Session at 9:25 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Conklin, Kidman and Beltran. 3 13.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court — Case No. 00486884) 13.2. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: City of Anaheim vs. Ana J. Matosantos, et al. (Superior Court of CA, Sacramento — Case No. 34- 2013- 80001529) 13.3. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to line break at 1301 North Rose Drive, Placentia CA 92870. Number of Potential Cases: One 13.4. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to written communications from potential plaintiffs threatening litigation. Number of Potential Cases: One Mr. Conklin departed from the Closed Session prior to discussion of Item No. 13.5. 13.5. Public Employment Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 9:55 am. President Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 7 14. ADJOURNMENT 14.1. The meeting was adjourned at 9:56 a.m. The next Regular Board of Directors Meeting will be held Thursday, October 10, 2013 at 8:30 a.m. Steven R. Conklin Board Secretary AGENDA REPORT Meeting Date: October 10, 2013 ITEM NO. 7.2 Subject: Minutes of the Board of Directors Special Meeting held September 30, 2013 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name: 093013 BOD - Minutes.doc Approved by Board of Directors of the Yorba Linda Water District 10/10/2013 RC /MB 4 -0 -1 PH was absent. Description: BOD Mtg Minutes 09/30/13 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Monday, September 30, 2013, 5:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The September 30, 2013 Yorba Linda Water District Board of Directors Special Meeting was called to order by President Melton at 5:05 p.m. The meeting was held in the Board Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Melton led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Gary T. Melton, President Steve Conklin, Acting General Manager Robert R. Kiley, Vice President Gina Knight, Human Resources and Risk Mgr Michael J. Beverage Phil Hawkins ALSO PRESENT Richard Kreisler, Partner, Liebert Cassidy Whitmore DIRECTORS ABSENT Ric Collett 4. PUBLIC COMMENTS None. 5. CLOSED SESSION The meeting was adjourned to Closed Session at 5:06 p.m. All Directors in attendance were present. Also present was Mrs. Knight and Messrs. Conklin and Kreisler. 5.1. Public Employee Discipline /Dismissal /Release Pursuant to Section 54957 of the California Government Code The Board reconvened in Open Session at 5:21 p.m. President Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 6. ADJOURNMENT 6.1. The meeting was adjourned at 5:22 a.m. The next Regular Board of Directors Meeting will be held Thursday, October 10, 2013 at 8:30 a.m. Steven R. Conklin Board Secretary 1 AGENDA REPORT Meeting Date: October 10, 2013 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Delia Lugo, Acting Finance Manager Prepared By: Maria Trujillo, Accounting Assistant II Budgeted Funding Source: Dept: Subject: Payments of Bills, Refunds, and Wire Transfers SUMMARY: ITEM NO. 7.3 Yes All Funds Finance Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $464,984.07. DISCUSSION: The major item on this disbursement list is as follows: A check of $52,977.70 to Environmental Construction, Incorporated for Yorba Linda Blvd Booster Pump Station September progress payment. The balance of $178,673.04 is routine invoices. The Accounts Payable check register total is $231,650.74; Payroll No. 20 total is $233,333.33; and, the disbursements of this agenda report are $464,984.07. A summary of the checks is attached. STRATEGIC PLAN: FR 1 -F: Continue to Record and Report the Fairly Stated Financial Activities of the District in a Timely and Transparent Manner to the Board of Directors and Member Agencies PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi - monthly. ATTACHMENTS: Name: Description: Type: CkReg101013 BOD.xIs Check Register Backup Material 13 -CS 1010.doc Cap Sheet Backup Material 13 CC 1010.pdf Credit Card Summary Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/10/2013 RC /MB 4 -0 -1 RC abstained from voting on the Credit Card Summary as he has a financial interest with one of the listed vendors. PH was absent. Yorba Linda Water District Check Register For Checks Dated: 9/27/2013 thru 10/10/2013 Check No. Date Vendor Name Amount Description 62165 10/10/2013 All American Asphalt 899.40 CUSTOMER REFUND 62172 10/10/2013 Aqua- Metric Sales Co. 3,741.09 MEASURING CHAMBER ETC 62173 10/10/2013 Aramark 892.84 UNIFORMS 62179 10/10/2013 ARC 102.41 WELL 21 S &W PROJ JOB SPECS 62174 10/10/2013 Associated Laboratories 1,983.10 LAB ANALYSES 62238 10/10/2013 AT & T 45.43 CIRCUIT 33984101725899 SEP 62175 10/10/2013 AT & T - Calnet2 3,156.50 COMMUNICATIONS 8/12 -9/11 62176 10/10/2013 Autoscribe Corporation 329.50 VISION GATEWAY 62177 10/10/2013 CalCard US Bank 21,548.28 YLWD VISA CAL CARD 62163 10/10/2013 CESAR MARTINEZ 33.50 CUSTOMER REFUND 62178 10/10/2013 Clinical Lab. Of San Bern. 1,750.00 CHEMICAL FOR TESTING 62182 10/10/2013 Culligan of Santa Ana 25.65 WATER SOFTENER SVC 62183 10/10/2013 Damon Micalizzi 216.23 MEEITING MILEAGE 62181 10/10/2013 DAN BROWN 12.18 CUSTOMER REFUND 62184 10/10/2013 Datalok Orange County 220.07 DATA STORAGE 62162 10/10/2013 DEBRA RIKLI 30.14 CUSTOMER REFUND 62185 10/10/2013 Delta Wye Electric, Inc. 500.06 LAKEVIEW STARTERS /LABOR- 62186 10/10/2013 Derek Nguyen 280.00 REIMBURSE ASCE MEM. #485724 62187 10/10/2013 Dick's Lock & Safe Inc. 593.24 REPL LEVERS ON 2 DOORS 62188 10/10/2013 DME Incorporated 1,120.08 WELL 18 EXHAUST FLEX 62189 10/10/2013 Eisel Enterprises, Inc. 688.50 READING LID 62190 10/10/2013 Employee Relations, Inc. 151.15 EMP BKGRD REP 62191 10/10/2013 Employment Development Departm 1,749.84 UEMP LIABILITY 4/1- 6/30 -13 62192 10/10/2013 Environmental Construction Inc 52,977.70 PALM AV BPS PIPLN PROG PAY 62193 10/10/2013 Equarius Waterworks 11,430.72 WHS STOCK 62195 10/10/2013 EyeMed 1,250.68 VISION PLAN OCT 2013 62194 10/10/2013 Federal Express 63.16 POSTAGE 62168 10/10/2013 FIRST TEAM RE 37.07 CUSTOMER REFUND 62196 10/10/2013 Fleet Services, Inc 609.54 VALVE MODULATOR 62197 10/10/2013 Grandpoint Bank 2,788.30 PALM AVE RETNTN SEPT 62198 10/10/2013 Graybar Electric Co 86.21 FREIGHT 62199 10/10/2013 Hushmand Associates Inc 4,736.50 2010 WTRLN PROJ PH II AUG 62200 10/10/2013 Infosend Inc. 6,609.38 BILL MAILING 62201 10/10/2013 Jackson's Auto Supply - Napa 79.62 FUERL PRESSURE REGULATOR 62166 10/10/2013 JEFF BARRETT 522.77 CUSTOMER REFUND 62202 10/10/2013 Jimni Systems Inc 11,444.08 GRN CREST SVCS /REPAIR -PUMP 62170 10/10/2013 JOHN BOND 842.72 CUSTOMER REFUND 62203 10/10/2013 Ken Mendum 105.00 REIMBURSE DIST CERT RENWL 62204 10/10/2013 Killingsworth Gear 2,164.06 WK BAL DRIVELINE 62205 10/10/2013 Koff & Associates, Inc 4,880.00 DATA ANALYSIS 62206 10/10/2013 Lewellyn Technology LLC 4,397.50 DATA COLLECTION 62207 10/10/2013 Mc Fadden -Dale Hardware 883.39 SEPT PURCHASE 62164 10/10/2013 MICHELLE PARK 33.79 CUSTOMER REFUND 62208 10/10/2013 Mine Safety Appliance Co 1,264.36 PC BOARD 62171 10/10/2013 MONICA TRUDELL 194.03 CUSTOMER REFUND 62209 10/10/2013 Municipal Water District 159.98 SMART TIMER 62210 10/10/2013 NatPay Online Business Solutions 36.90 DOCULIVERY 7/2 -7/31 62211 10/10/2013 New Pig Corporation 661.14 WIPERS, BARRELMUG ETC 62212 10/10/2013 Norman A. Traub Associates 5,000.00 CONSULTING SVC /HR ISSUES 62213 10/10/2013 Novusolutions 3,800.00 ANNUAL MAINT 12/4/13-12/3/14 62214 10/10/2013 O.C. Driveline 253.57 TUBING 62215 10/10/2013 Omni Western Inc 64.80 UNIT 174 JAW INSERTS 62216 10/10/2013 One Source Distributors, LLC 106.75 LIMIT SWITCH 62217 10/10/2013 ONLINE Information Services, Inc. 26.73 COLLECTIONS AUGUST 62218 10/10/2013 Orange County Register 1,472.52 DEL, PUB. NOTICE WELL 21 S &W 62169 10/10/2013 OSCAR BANDOQUILLO 87.29 CUSTOMER REFUND 62231 10/10/2013 Petty Cash 417.30 PETTY CASH REIMBURSEMENT 62219 10/10/2013 Powerstride Battery 232.35 BATTERY 62167 10/10/2013 PREMIER CORP HOUSING 610.67 CUSTOMER REFUND 62220 10/10/2013 Prudential Group Insurance 3,155.01 OCT 13 L/T DISABILITY GRP 62221 10/10/2013 Quinn Power Systems Associates 321.01 HIGHLAND #5 62222 10/10/2013 Robert Kiley 20.00 REIMBURSE DATA PLAN FOR IPAD 62180 10/10/2013 S &S CONSTRUCTION 38.65 CUSTOMER REFUND 62223 10/10/2013 Safety -Kleen Systems Inc 313.79 PART WASHER SVC ACCT# 333253 62224 10/10/2013 Sancon Engineering Inc. 17,795.00 MANHOLE REHAB 62225 10/10/2013 SC Prime Source Inc. 2,210.00 SHAMPOO CARPET 9/3 62226 10/10/2013 Shred -It USA Inc 177.40 CONFIDENTIAL DOC SHRED 62227 10/10/2013 Siemens Water Technologies, LLC 1,426.46 INSTRMNT ELECTROCHEM 62228 10/10/2013 Southern Calif Edison Co. 31,314.34 SERVICES ALL SITES 62229 10/10/2013 Southern Calif Gas Co. 7,196.56 SERVICES ALL SITES 62230 10/10/2013 State Chemical Manufacturing 245.92 NEED IT -EPDXY 62232 10/10/2013 Sunrise Medical Group 720.00 MEDICAL ACTIVITY 62233 10/10/2013 Time Warner Cable 1,114.62 BROADCAST 9/18 -10/17 62234 10/10/2013 Truc Pro's Inc 4,331.48 BODY REPAIR UNIT #175 62235 10/10/2013 United Industries 274.30 GLASS & WINDOW CLEANER 62085 -62161 10/10/2013 VOID CHECKS 0.00 VOID CK /PRINTER ERROR 62239 -62241 10/10/2013 VOID CHECKS 0.00 VOID CK /PRINTER ERROR 62236 10/10/2013 Water Education Foundation 486.00 WEF PRG OCT -16 -18 62237 10/10/2013 Yorba Linda Hardware 110.43 AUG SVC Total $231,650.74 October 10, 2013 CHECK NUMBERS: Void Checks 62085 -62161 $ 0.00 Computer Checks 62162 -62238 $ 231,650.74 Void Checks 62239 -62241 $ 0.00 $ 231,650.74 TOTAL OF CHECKS PAYROLL NO. 20: Direct Deposits $ 147,978.07 Third Party Checks 5679 -5688 $ 45,359.52 Payroll Taxes $ 39,995.74 $ 231,650.74 TOTAL OF PAYROLL $ 233,333.33 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $ 464.984.07 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF OCTOBER 10, 2013 ------------------------------------------------------------------ ------------------------------------------------------------------ Cal Card Credit Card U S Bank 09/05/2013- 09/26/13 Date Vendor Name Amount Description 09/05/13 Southwest Airlines 175.30 Travel /LCW Conf SF -GK 09/05/13 Southwest Airlines 197.80 Travel /LCW Conf SF -AC 09/05/13 Southwest Airlines 157.80 Travel /LCW Conf SF -BM 09/11/13 Westside Building 291.60 Tapping Bits 09/14/13 Stefano's Golden Baked Hams 49.70 Lunch for interview panel members (GM) 09/16/13 Caesar's Place 131.04 CRWUA Conf. Lodging - Dir. Beverage -12/13 09/16/13 Caesar's Place 131.04 CRWUA Conf. Lodging - Dir. Beverage -12/13 09/17/13 Community Lock 7.29 Locker Room Keys 09/17/13 Light Bulbs Etc. 38.77 Light Bulbs 09/17/13 The Home Depot 909.98 Concrete & Concrete Supplies /Hammer 09/17/13 Verizon Wireless 2,391.93 Comm Svc 7/21- 8/20/13 09/18/13 Stefano's Golden Baked Hams 35.00 Finance Section Sup /Lead Lunch Mtg 09/18/13 Albertsons 11.47 Refreshments for Special Board Mtg - 9/19 09/18/13 America's Signs 330.60 Adjustment of Lobby and Board Room Signs 09/18/13 Vista Paint Corp 40.78 Painting Supplies - tape, paper, plastic, etc. 09/18/13 LA Freightliner 222.88 Air Bulkhead 09/18/13 Praxair Dist 126.65 Acetylene, Oxygen 09/19/13 City of Yorba Linda 636.00 Inspection Fee for pavement striping 9/13 09/19/13 Southwest Airlines 255.30 Water Lenders Program - Sac - D.Nguyen 09/19/13 Arma International 1,499.00 Registration for Essentials Of RIM- A.Alexander 09/23/13 Placentia Disposal 490.28 Sept /2013 Invoice 09/23/13 Online Information System 431.70 Aug /2013 Invoice - Utility Exchange Rpt 09/23/13 Wells Supply Company 10,253.61 Aug /2013 Open Invoices 09/23/13 Konica Minolta 598.88 Copies Charges, 09/25/13 Vista Paint Corp 26.72 Paint for Facilities 09/25/13 RSD 9 422.16 Ac Filters 09/26/13 Laserfiche 1,685.00 Laserfiche Conf. Reg. for AV, RS, and AA TOTAL 21,548.28 Meeting Date To: From: Presented By Prepared By: Subject: SUMMARY: AGENDA REPORT October 10, 2013 Board of Directors 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. 7.4 Yes $2.6M $2.3M All Water Funds 101 -2700 200817B Finance No MND Progress Payment No. 6 for the Yorba Linda Blvd Pump Station Project Work is continuing on the construction of the Yorba Linda Blvd Pump Station Project. The project consists of three electric motor driven vertical turbine pumps, flow control valves, a motor control center, various yard piping and a new masonry block building. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 6 in the net amount of $52,977.70 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 -17B. DISCUSSION: In accordance with the contract documents, ECI Inc. submitted a request for Progress Payment No. 6, in the amount of $55,766.00 for completed work through September 30, 2013. During this period, the contractor completed installation of the block walls and filled them with grout. This work included installation of the door frames and louvers for the building. They also completed a portion of the cathodic protection for the underground pipe. The status of the construction contract with ECI Inc. is as follows: • The current contract is $1,581,179.00 and 365 calendar days starting April 1, 2013. • If approved, Progress Payment No. 6 is $55,766.00 (3.5% of the total contract amount), less 5% retention of $ 2,788.30 for a net payment of $52,977.70. • If approved, total payments to date including retention will be $716,040.00 (45.3% of the total contract amount). • As of September 30, 2013, 183 calendar days were used (50.1 % of the contract time). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 6 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): On December 20, 2012, the Board of Directors authorized the President and Secretary to execute a construction agreement between Environmental Construction, Inc. (ECI), and the Yorba Linda Water District for the Construction of the Yorba Linda Blvd Pump Station Project in the amount of $1,581,179.00. The Board of Directors has approved five progress payments to date, the last of which was approved on September 26, 2013. ATTACHMENTS: Nam ECI YL Blvd. PS Progress Pay Request 6.odf Approved by the Board of Directors of the Yorba Linda Water District 10/10/2013 RC /MB 4 -0 -1 PH was absent. Description: Type: PPR 6 for ECI Construction YL Blvd PS Backup Material YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Yorba Linda Blvd. Pump Station PROGRESS PAY REQUEST NO. 006 LOCATION Yorba Linda, CA PROJECT NO. 200817B PAGE 1 OF 1 PAGES CONTRACTOR Environmental Construction Inc. DATE 9/26/13 ORIGINAL CONTRACT AMOUNT: $ 1,581,179.00 AUTHORIZED CHANGE ORDERS: $ - REVISED CONTRACT AMOUNT: $ 1,581,179.00 PROGRESS PAY ESTIMATE FOR PERIOD VALUE OF WORK COMPLETED CHANGE ORDER WORK COMPLETED TOTAL VALUE OF WORK COMPLETED LESS RETENTION 5% LESS OTHER DEDUCTIONS NET EARNED TO DATE LESS AMOUNT PREVIOUSLY PAID BALANCE DUE THIS ESTIMATE NOTICE TO PROCEED COMPLETION TIME APPROVED TIME EXTENSIONS TOTAL CONTRACT TIME TIME EXPENDED TO DATE TIME REMAINING REQUESTED BY: RECOMMENDED: September 1, 2013 TO Septemb PREVIOUS THIS MONTH 0 $ 660,274.00 $ 55,766.00 $ CALENDAR DAYS 182 CALENDAR DAYS $ 660,274.00 $ 55,766.00 $ $ 627,260.30 $ 52,977.70 $ Electronic Wire Fees tai inc. Joe Pollmino, Project Engineer, YLWU M, 2013 TO DATE 716, 040.00 716,040.00 $ 627,260.30 $ 52,977.70 DATE: 1 DATE: !� APPROVED BY: DATE: Steve Conklin, Engineering Manager, YLWD April 1, 2013 365 CALENDAR DAYS 0 CALENDAR DAYS 365 CALENDAR DAYS 183 CALENDAR DAYS 182 CALENDAR DAYS tai inc. Joe Pollmino, Project Engineer, YLWU M, 2013 TO DATE 716, 040.00 716,040.00 $ 627,260.30 $ 52,977.70 DATE: 1 DATE: !� APPROVED BY: DATE: Steve Conklin, Engineering Manager, YLWD AGENDA REPORT Meeting Date: October 10, 2013 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Prepared By: Steve Conklin, Acting General Manager Budgeted Cost Estimate: Funding Source: Dept: Reviewed by Legal: CEQA Compliance: Subject: Approval of OCWD Annexation Agreement STAFF RECOMMENDATION: ITEM NO. 8.1 No $300,000 /Year Water Capital Reserves Administration Yes EIR That the Board of Directors approve Resolution No. 13 -14 Adopting Findings for Purposes of and Pursuant to the Provisions of the California Environmental Quality Act of 1970 in Connection with the Annexation of 6,258 Acres of Land in the Yorba Linda Water District Boundaries into the Orange County Water District and Approving an Agreement for Annexation to Orange County Water District. It is staff's conclusion and recommendation that the Final EIR discussed below adequately addresses CEQA compliance for YLWD's annexation to OCWD. DISCUSSION: On October 2, 2013, the OCWD Board of Directors approved Resolution No. 13 -10 -125 titled "A Resolution of the Board of Directors of the Orange County Water District Certifying a Final Environmental Impact Report, Making Findings of Fact, Adopting a Mitigation Monitoring and Reporting Program, Approving Annexation Agreements, Application and Plan of Services and Authorizing Initiation of Proceedings and Requesting the Orange County Local Agency Formation Commission to Take Proceedings of Annexation to the District of Territory Within the Boundaries of City of Anaheim, Irvine Ranch Water District and Yorba Linda Water District, Known as Annexation No. OCWD 2013 -01 -- Annexation to OCWD of Portions of Anaheim, IRWD and YLWD." (http: / /www.ocwd.com /Portals /0 /BoardAgendas/ 2013 /05.B .Annexation %20Resolution.pdf) In approving this resolution, the OCWD Board performed the following actions: • Adopted the Final Program /Project EIR for the OCWD Annexation Request by the City of Anaheim, IRWD, and YLWD • Adopted the Mitigation Monitoring and Reporting Program included in the Final EIR • Approved execution of an annexation agreement with the City of Anaheim • Approved execution of an annexation agreement with IRWD • Approved execution of an annexation agreement with YLWD • Authorized and directed staff to file a CEQA Notice of Determination • Approved the Resolution to LAFCO and directed staff to prepare the necessary documents and application to LAFCO to annex the requested areas into the District The Final Program /Project EIR ( http:// www. ocwd. com/ EnvironmentalImpactReport.aspx) evaluated the potential impacts to the groundwater basin due to the requested annexations. It evaluated potential impacts at a range of basin storage conditions from 200,000 AF to 500,000 AF accumulated overdraft. It utilized basin computer modeling to conduct 20 different model runs, looking at different Basin Production Percentages (BPPs), different assumed annexation pumping, and other conditions. In summary, the EIR concluded that after incorporation of the mitigation measures set forth in the EIR, there will be no significant unavoidable adverse impacts from the annexations approved by the OCWD Board for IRWD, Anaheim and YLWD. YLWD is a responsible agency under CEQA as YLWD is responsible for approving a portion of YLWD's annexation to OCWD (the "Project "). As part of its role as a responsible agency, YLWD staff participated in the preparation of the Draft EIR, the Final EIR and the Mitigation Monitoring and Reporting Program (MMRP), with respect to those portions relevant to the Project. The MMRP only refers to YLWD's future construction activities because IRWD and the City of Anaheim will not be building any new facilities. YLWD will comply with CEQA and use the Final EIR and the MMRP as programmatic environmental review documents, before constructing any new wells for the Project. Staff and legal counsel have reviewed OCWD's Resolution No. 13 -10 -125 and concur with the findings therein, with respect to those portions relevant to the Project. The Annexation Agreement between OCWD and YLWD, as approved on October 2, 2013 by the OCWD Board, is attached as Exhibit B to the proposed YLWD Resolution No. 13 -14. Key points of the Annexation Agreement are: e YLWD shall not initiate a future annexation request for ten years after approval of this application. • YLWD waives any rights it may have per the 1970 Bryant Ranch Agreement. • YLWD agrees for a period of 50 years to continue sending all sewage flows generated from its service territory to the Orange County Sanitation District treatment facilities. • YLWD agrees that for a period of five years from the approval date of the agreement to limit its BPP to the lesser of 70 percent or the actual BPP annually established by the OCWD Board. • YLWD agrees to pay a minimum annexation fee if OCWD loses its Ad Valorem property tax revenue (which establishes $19 million as the minimum amount for Term "C" in the Annexation Charge Formula, as defined in the Annexation Agreement) • YLWD agrees to share in the cost of any CEQA lawsuit • YLWD supports the application to be made to LAFCO following approval of the annexations by OCWD STRATEGIC PLAN: SR 1 -A: Continue with Efforts to Annex District Service Area to Orange County Water District ATTACHMENTS: Resolution No. 13- 14.pdf Calculation of Annual Annexation Charge.pdf Approved by the Board of Directors of the Yorba Linda Water District 10/10/2013 MB /RC 4 -0 -1 Roll Call Description: Resolution Backup Material Type: Resolution Backup Material I PH was absent. RESOLUTION NO. 13 -14 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING FINDINGS FOR PURPOSES OF AND PURSUANT TO THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 IN CONNECTION WITH THE ANNEXATION OF 6,258 ACRES OF LAND IN THE YORBA LINDA WATER DISTRICT BOUNDARIES INTO THE ORANGE COUNTY WATER DISTRICT AND APPROVING AN AGREEMENT FOR ANNEXATION TO ORANGE COUNTY WATER DISTRICT WHEREAS, there are 6,258 acres of land within the Yorba Linda Water District ( "YLWD ") boundaries, but outside of the boundaries of the Orange County Water District ( "OCWD "); this area is depicted in Exhibit "A" attached hereto and incorporated herein by reference ( "Subject Territory "); WHEREAS, on October 15, 2009, YLWD submitted a request to OCWD to annex the Subject Territory into the boundaries of OCWD ( "Project "); WHEREAS, in addition to YLWD, the City of Anaheim ( "Anaheim ") and the Irvine Ranch Water District ( "IRWD ") also submitted requests to OCWD for the annexation of territory within their respective districts into the boundaries of OCWD ( "Additional Annexations "); WHEREAS, on January 29, 2011, OCWD, as the lead agency for the Project and the Additional Annexations, circulated a notice of preparation of an Environmental Impact Report ( "EIR ") for the Project and the Additional Annexations as required by the California Environmental Quality Act ( "CEQA "), and in addition, held a scoping meeting on August 10, 2011, at the offices of OCWD; WHEREAS, YLWD is a responsible agency under CEQA as YLWD is responsible for approving a portion of the Project, and, in the case of IRWD and Anaheim, they are responsible agencies as these agencies are responsible for approving their respective portion of the Additional Annexations; WHEREAS, taking into consideration the comments received during the public scoping process and other CEQA requirements relating to the contents of the EIR, a Draft Environmental Impact Report ( "DEIR ") was prepared by OCWD; WHEREAS, in the preparation of the DEIR, OCWD consulted with Anaheim, IRWD, and YLWD in their capacity as responsible agencies, and, in connection therewith, YLWD participated in the DEIR's preparation but only with respect to that portion of the DEIR relevant to the Project; Resolution No. 13 -14 Annexation to OCWD WHEREAS, the DEIR was circulated by OCWD from March 29, 2013 to May 17, 2013, and, on April 30, 2013, OCWD held a public meeting on the DEIR at the offices of OCWD; and WHEREAS, during the official public review period for the DEIR, fourteen (14) comment letters were received by OCWD; WHEREAS, OCWD reviewed all of the comments on the DEIR received from interested persons, organizations and agencies and prepared detailed responses to the comments directed to any significant environmental issues, revisions to the DEIR text and other information required by CEQA to be included in the Final EIR ("FEIR "); WHEREAS, CEQA provides that when an EIR identifies any significant environmental effects that would occur if the project is approved or carried out, a responsible agency must make a specified finding or findings with respect to each of the identified significant effects, and must also adopt a mitigation monitoring program for the changes to the project which it has adopted or made a condition of approval in order to mitigate or avoid significant project - related impacts on the environment; WHEREAS, at its meeting held on October 2, 2013, at 5:30 p.m., the Board of Directors of OCWD certified that the FEIR was completed in compliance with CEQA and reflects OCWD's independent judgment and analysis, adopted findings as required by CEQA, approved an agreement with YLWD relating to the implementation of the Project and agreements with IRWD and Anaheim relating to the implementation of the Additional Annexations, and adopted a Mitigation Monitoring and Reporting Program ( "MMRP "), attached hereto as Exhibit "C" for YLWD's annexation; WHEREAS, the certified FEIR, together with OCWD's adopted findings, have been presented to YLWD's Board of Directors; WHEREAS, as a responsible agency, YLWD is required by CEQA to consider the FEIR prepared by OCWD and reach its own conclusions on whether and how to approve the agreement with OCWD relating to the Project; and WHEREAS, the YLWD Board of Directors has reviewed and considered the information contained in the FEIR, the MMRP, the proposed findings presented to this meeting, and all oral and written evidence constituting the administrative record presented to the YLWD Board of Directors, which is on file with the YLWD Board of Directors' Secretary as the custodian thereof in the office of YLWD. Resolution No. 13 -14 Annexation to OCWD 2 NOW, THEREFORE, the Board of Directors of the Yorba Linda Water District hereby finds, determines and resolves as follows: Section 1. All of the foregoing recitals are true and correct. Section 2. The Board of Directors of the Yorba Linda Water District has reviewed the information contained in the FEIR that is relevant to its approval of the Project and the MMRP, and has reviewed the CEQA findings contained in Resolution No. 13 -10 -125, incorporated herein by reference, adopted by the OCWD Board of Directors for the Project, as well as any and all testimony received by the Board of Directors of the Yorba Linda Water District. Therefore, the Board of Directors of the Yorba Linda Water District hereby concludes all of the following: a) OCWD has adopted the mitigation measures recommended in the FEIR for YLWD's annexation, YLWD has authority to implement those mitigation measures as identified in the FEIR, the MMRP and Resolution No. 13 -10 -125; and (b) The Board of Directors of the Yorba Linda Water District has considered the environmental impacts of the Project and has reviewed and considered the FEIR and finds that the FEIR is adequate for its use as a responsible agency decision - making body for its consideration of the Project; and (c) Approval of the agreement with OCWD relating to the Project by the Board of Directors of the Yorba Linda Water District is within the scope of the activities evaluated in the FEIR; the annexation agreement with OCWD is attached hereto and incorporated herein by reference as Exhibit B ( "Agreement "); and (d) Since the FEIR was certified by OCWD, there have been no substantial changes to the Project and no substantial changes in Project circumstances that would require major revisions to the FEIR due to the involvement of new significant environmental effects or an increase in the severity of previously identified significant impacts, and there is no new information of substantial importance that would change the conclusions set forth in the FEIR; and (e) Other than as set forth in the MMRP, YLWD has not identified any feasible alternative or additional feasible mitigation measures within its powers that would substantially lessen or avoid any significant effect that the Project would have on the environment. Resolution No. 13 -14 Annexation to OCWD 3 Section 3. Based upon all of the foregoing, the Board of Directors of the Yorba Linda Water District hereby adopts the findings within Resolution No. 13 -10 -125 as its findings as a responsible agency under CEQA to the fullest possible extent that said findings are relevant to the Board of Directors of the Yorba Linda Water District's decision to approve the Project. Section 4. The Board of Directors of the Yorba Linda Water District hereby approves the Agreement relating to the Project, adopts the MMRP attached hereto as Exhibit "C' and authorizes the Acting General Manager, on behalf ofYLWD, to execute the Agreement and any other related documents, and to take such actions as are necessary to implement and administer the Agreement. Section 5. YLWD staff is hereby authorized and directed to cause a Notice of Determination reflecting the foregoing actions to be executed and filed with the Orange County Clerk and the State Clearinghouse. PASSED AND ADOPTED this 10th day of October 2013 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: Gary Melton, President Yorba Linda Water District ATTEST: Steven R, Conklin, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law LLP Resolution No. 13 -14 Annexation to OCWD 4 EXHIBIT A SUBJECT TERRITORY [ATTACHED BEHIND THIS PAGE] Resolution No. 13 -14 Annexation to OCWD S88°24'07"E 5245.91' w' 0 o P.M.No.88-156 cO° P.M.B.No.239/1-4 e N N89°41'12"W__�%S 30.00' C-9 / 60' "FORMATION" YLCWD RS 47/25 N89°41'12"W 1897.79' NORTH LINE BLOCKS 9 YORBA LINDA TRACT S01°29'35"W\ 1107.06' ANNl` rjx-?,N N89°53'35"W 651.26' — N89°40'21"W 2626.61' -- -- f 0 m o N PARCEL 2 P.O.B. rn PARCEL 1 PARCELI INTERSECTION OF c/) (256.68 ACRES) THE WEST LINE OOHIO S00°08'1 0"W p=39°18'11" ST.WITH THMOST N89°40'57" RANCHO L=823.16' SE'LY COR. NORTH LINE OF �') REORGANIZATION 94-01 BLOCK 10,YORBA 11,1_ / NE COR.BLK.10,YORBA LINDA TRACT LINDA TRACT P.O.B. PARCEL2 N00°06'20"E R. \ .YORBA TARCT 990.13' 1'12"W / N89°41'12"W__�%S 30.00' C-9 / 60' "FORMATION" YLCWD RS 47/25 N89°41'12"W 1897.79' NORTH LINE BLOCKS 9 YORBA LINDA TRACT S01°29'35"W\ 1107.06' ANNl` rjx-?,N N89°53'35"W 651.26' — N89°40'21"W 2626.61' -- -- f 0 m o N PARCEL 2 (191.38 ACRES) rn N89°41'12"W c/) 742.71' S00°08'1 0"W p=39°18'11" 1173.00' R=1200.00' N89°40'57" RANCHO L=823.16' 742.72' _.R. C.S.A.14 �') N89'59'S3"W ` in 0 w o_ 0 Z _ YORBA LINDA SLY RNJ YORBA LINDA\ BLVD. N89°24'1 5"W 150.00' N W'LY COR. NO 68 I YI.V. PARCEL3 ANNEXATION NO.78-1 PNN1 Xq 1 WD O ANNEXATION NO.77-2 0.10 c, ANNEXATION NO. I I 72-3 I . TO YLWD. LLI, 1 Q N89°37'23"W LIN I 386.81' BK. I N 439'o.R K CITY OF FOR.OF FELIPE YORBA c� ALLOTMENT OF SECOND CLASS LANDS o � BLVD J O -�_ 3 I< I J _J I > YORBAi L I A I I I I I I VD. /1 IIIIIIIIII,-__-- / 11 111 LEGEND ANNEXATION BOUNDARY EXISTING ORANGE COUNTY WATER DISTRICT(OCWD)BOUNDARY PREPARED BY: EXHIBIT '113 SCALE: YORBA LINDA WATER DISTRICT AS-NOTED (DRAFT) DATE: ® 1717 E. MIRALOMA AVENUE ORANGE COUNTY WATER DISTRICT 09-17-13 PLACENTIA, CALIFORNIA 92870 ANNEXATION AGREEMENT (714) 701-3100 SHEET NO. 2 0F4 0 0 W'LY.BOUNDARY °m PARCEL"3"OF M ANNEXATION NO. W 78-1 N zZ 180p.30'10 F NTS°29'50"E ' i_ 2300.11_11' T.P.O.8 PARCEL3 4$50 DO N65 33p0� N89°09'41"E 651.26' FP\RMv`� vLVD. LENGTH P.O.B.PARCEL N89°03'31"W I N89°0 31"W I N87'20'2' N. R. ANNEX.NO.77-2 N.W.COR.SECT. S 2006.82' N.E.COR.N COR.114 SEC. I 2661 5' N.W. R.75-2 I AN TO THE 1877,10' _ 24,T.3,S.,R.9, W,S.B.M. .T4 . I OF YORSA Z FO R.91W. C1 LINDA iy'1 . �o (� ElV80RY. bo LENGTH DOM/IIGUE2 r 566.64' 1 RANCH N> S 3 S72°1 1'10"W 879.86' Q > U7 io M LVD� -- zz CITY OF YORBA LINDA 6 BEARING TABLE NO. BEARING LENGTH 1 S72°11'10"W 1 566.64' 1 2 N17°48'50"W 50.00' 3 S72°1 1'10"W 879.86' IMPROVEMENT DISTRICT NO. I PARCEL 3 (2285.62 ACRES) LINE OF RANCHO CANON de SANTA ANA ANNEXATION NO. 78_1 TO THE YORBA LINDA r t w 3 —E'LYLINEW.McKee is ALLOTMENT N.E.COR.PARCEL OF ANNEX.NO.78-1 ALSO U.S.C.8 G.S.TRIANGULATION STATION "SANJUAN' S. a,sOO- I Z19 N89°14'49'W 4082.38' WATER DISTRICT S89°37'19"E 526.42' r—S00°22'41"W 300.00' N89°37'19"W 528.42' Qlll— WLY LINE OF THE KALISHER 8 WARTENSERG ALLOTMENT PER R.S.34129 N a on <c O N Co 2050.02' NZ A=20°1 a o R=3881.10.10'' "FORMATION" I o w L=1381.81' PER SENATE BILL NO.10 16 1 �.. TO 111E O.C.RT).�—'' -'-Z 1 � 3 2 CITY OF ANAHEIM `ANNEXATION 68-1 TO THE OCWD j PREPARED BY: YORBA LINDA WATER DISTRICT 1717 E. MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714)701-3100 N I" = 2500' 0 2500' 5000' SE COR. LEGEND TRACT NO. 11662 f 10� ANNEXATION BOUNDARY 9 565NZNZ22M EXISTING ORANGE COUNTY WATER .c1 DISTRICT(OCWD)BOUNDARY 11 \ EXHIBIT "B (DRAFT) ORANGE COUNTY WATER DISTRICT ANNEXATION AGREEMENT SCALE: AS-NOTED DATE: 09-17-13 SHEET NO. 3 OF 4 NORTH LINE OF RANCHO CANON DE SANTA ANA m Z B -__ S89°14'49"E 4082.38' W LY LINE OF THE KALISHER 8 Q IL WARTENBERG N ALLOTMENT PER R.S.34129 q Q °z T O ThE ypR$y L ExAT101V �8, c N89°37'19'W A'D,.� 1 Ss° O 528.42' Co l 244 i/ 41"E 300.00' wAT ER DISTRICT off's Y 6 Y ' 528.42' \' A CITY OF ANAHEIM IMPROVEMENT DISTRICT NO.2 11662 PARCEL 4 (3524.15 ACRES) CITY OF SANTA PREPARED BY: NO. BEARING YORBA LINDA WATER DISTRICT ® 1717 E. MIRALOMA AVENUE 107.70' PLACENTIA, CALIFORNIA 92870 N84 38'12"W (714) 701-3100 YORBA LINDA BEARING TABLE NO. BEARING LENGTH 2 N85:35:10-W 107.70' 4 N84 38'12"W 281.06' 5 N79°57'47"W 459.74' 6 N63 56'25"W 526.20 7 N89°22'24W 554.96' 8 S78°17'39 W 206.85' 9 S60°05'50"W 316.67' 10 S54°2343'W 268.58' 11 S47°26'09"W 195.69' 12 S3601 0'33"W 169.38' 13 S23°53'20"W 210.98' 14 S62°46'35"W 152.07' 15 S76°39'13"W 324.72' 16 S88°12'09"W 784.04' 17 S84°33'08"W 325.19' 18 S82 21'43"W 433.08' 19 N69°07'09'W 799.53' 20 S81 20'35W 521.28' 21 N73°30'28'W 238.67' 22 N48°16'27'W 534.68' 23 N46°50'03"W 854.92' 24 N06°24'55'W 345.64' 25 N27°20'14"W 717.56' 26 N07°09'00"W 565.80' 27 N16°49'58"W 363.85' 28 N45°46'19"W 241.34' 29 N45°46'19"W 1417.20' 30 N57`18'58"W 973.50' 31 S88°27'27"W 666.09' 32 S58°4 1'57"W 409.73' 33 S06'1 3'30"E 420.23' 34 S38'1 3'04"W 715.07' 35 S72°57'31"W 709.86' A=9°15'30" A=2°30'05" R=2496.64' R=1813.18' L=403.42' ... L=79.16' x•°y sr� r - 2 a yi CITY OF ANAHEIM EAST BOUNDARY 2.002.23 ACRE TRACT PER DECREE-CASE 1 NO.1978 ALSO I EAST LINE _ RANCHO SANTA ANA AS SHOWN ON R.S.21-21 ri N(A I" = 2500' N O �A 'rn O V N P.O.B. - PARCEL4 0 2500 5000 V` LEGEND ESTABLISHED IN RECORD PER ANNEXATION BOUNDARY TR.NO.11662. EXHIBIT "B (DRAFT) ORANGE COUNTY WATER DISTRICT ANNEXATION AGREEMENT EXISTING ORANGE COUNTY WATER DISTRICT(OCWD)BOUNDARY SCALE: AS-NOTED DATE: 09-17-13 SHEET NO. 40F4 EXHIBIT B ANNEXATION AGREEMENT [ATTACHED BEHIND THIS PAGE] Resolution No. 13 -14 Annexation to OCWD ANNEXATION AGREEMENT BETWEEN ORANGE COUNTY WATER DISTRICT AND YORBA LINDA WATER DISTRICT REGARDING ANNEXATION TO ORANGE COUNTY WATER DISTRICT THIS AGREEMENT is entered into as of , 2013 (the "Effective Date ") by and between the ORANGE COUNTY WATER DISTRICT (hereinafter, "OCWD ") and the YORBA LINDA WATER DISTRICT (hereinafter, "Applicant "). RECITALS A. OCWD was created by special act of the California Legislature (Ch. 924, Stats. 1933, as amended, the "OCWD Act ") for the purpose of protecting and managing the Orange County groundwater basin and providing for the conservation and regulation of the quantity and quality of water within the groundwater basin. OCWD further has the authority, pursuant to its enabling legislation, to prevent the exportation of groundwater resources from its boundaries. The boundaries of OCWD are located within the County of Orange, State of California. The OCWD Act authorizes OCWD to annex additional lands to its boundaries and to impose on lands proposed to be annexed such reasonable terms and conditions as OCWD determines appropriate. B. Applicant is a County water district, organized and existing pursuant to Section 30000 et seq. of the California Water Code, whose boundaries are located within the County of Orange, State of California, and within the boundaries of the Metropolitan Water District of Southern California (hereinafter, "MWD "). A portion of the lands within the boundaries of Applicant are within the boundaries of OCWD, and a portion of those lands within Applicant's boundaries that are not within the boundaries of OCWD are within the OCWD sphere of influence as determined by the Local Agency Formation Commission of Orange County ( "LAFCO "). C. Applicant provides retail water service to the residents and water users within its district boundaries. In order to provide such retail water service, among other sources, Applicant purchases water from MWD through the Municipal Water District of Orange County ( "Imported Water ") to serve all of the lands within its boundaries, and produces and serves groundwater from the Orange County Groundwater Basin ( "Basin ") to the Applicant lands within the boundaries of OCWD. D. Approximately 6,258 acres of land within the boundaries of Applicant (which land is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, and is hereinafter referred to as the "Subject Territory ") are within the watershed of the Santa Ana River in Orange County, but not currently within the boundaries of OCWD. A plat showing the boundaries of the Subject Territory, Applicant, and relevant portions of OCWD is attached hereto as Exhibit "B ". E. Applicant desires to annex the Subject Territory to OCWD in order that the Subject Territory may benefit from inclusion within OCWD. OCWD desires to annex the Subject Territory in order to provide better management, regulation, and control over the Orange County groundwater basin and its resources. F. Applicant and OCWD mutually acknowledge and find that Applicant's request fully complies with the OCWD Annexation Policy and all other OCWD policies. 1 NOW THEREFORE, in consideration of the facts recited above, and the covenants, conditions and promises contained herein, the parties hereto agree as follows: SECTION ONE: ANNEXATION OF SUBJECT TERRITORY TO OCWD 1.1 Subject to Applicant having paid all costs for which it is responsible under the July 21, 2010 "Memorandum of Understanding between Orange County Water District, City of Anaheim, Yorba Linda Water District and Irvine Ranch Water District Regarding Processing and Consideration of Annexation Requests and Associated CEQA Documentation" (the "MOU "), OCWD shall, within three (3) months from the Effective Date, initiate proceedings under the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000, Government Code Section 56000, et seg., and support the annexation to OCWD of the Subject Territory (the "Annexation ") upon the conditions hereinafter set forth. 1.2 Applicant shall cooperate with OCWD and use its best efforts to support the Annexation in accordance with the terms and conditions of this Agreement. Applicant shall, prior to or concurrently with OCWD's filing of the Annexation application with LAFCO, adopt and file with LAFCO a resolution of its governing board supporting the Annexation. Applicant further shall support the conditioning of the Annexation by the LAFCO on the performance of the terms and conditions of this Agreement. Applicant shall execute such documents and take such other actions to support and facilitate the processing of the Annexation and the imposition by LAFCO of Applicant's performance of this Agreement as a condition of the Annexation, as may reasonably be requested by OCWD. 1.3 Applicant shall be solely responsible for (a) all direct costs, CEQA mitigation measures and fees as set forth in the Mitigation Monitoring and Reporting Program attached as Exhibit C, and (b) any Annexation processing fees and the cost of preparing any legal descriptions, boundary surveys or maps required for the processing and completion of such Annexation. In the event that OCWD, as the agency initiating the Annexation, is required by LAFCO to pay any such fees or costs, Applicant shall, within thirty (30) days of written notice from OCWD, reimburse such fees and costs to OCWD. In the event that the Annexation is not approved by LAFCO or the Subject Territory is for any reason not included within the boundaries of OCWD, Applicant's obligation herein to pay all direct costs actually incurred by or due from OCWD in connection with the initiation and processing of the Annexation shall remain in full force and effect and Applicant shall pay or cause to be paid all such direct costs whether or not the Subject Territory is included within OCWD. 1.4 Upon the completion of the Annexation (as defined in paragraph 2.3 below), the Subject Territory shall be subject to all of the provisions of the OCWD Act and all of the rules, regulations, policies and requirements adopted or promulgated by OCWD and its Board of Directors. 2 SECTION TWO: DETERMINATION AND PAYMENT OF ANNUAL ANNEXATION CHARGE 2.1 For and during the term of this Agreement, Applicant shall pay to OCWD an annual "Annexation Charge" computed and calculated pursuant to the following formula: X = A x B x (C /D) x E (hereinafter, the "Annexation Charge Formula "). Should any portion of the Subject Territory at any time become the actual service area of any water retailer other than Applicant it will be the responsibility of Applicant to either (a) make the reports and payments of the Annexation Charge as set forth in paragraphs 2.3 and 2.4 below for said portion of Subject Territory or (b) initiate and execute a fee shift agreement with the successor water agency, incorporating all of the terms and conditions of this Annexation Agreement and containing the approval and acknowledgment of said fee shift agreement by OCWD. 2.2 For purposes of computing the Annexation Charge Formula in paragraph 2.1 hereinabove: X The term "X" shall mean the annual Annexation Charge to be paid by Applicant to OCWD. A The term "A" shall mean the Basin Production Percentage established by OCWD during the applicable Water Year pursuant to Section 31.5(d) of the OCWD Act. The term "applicable Water Year," as it relates to the Annexation Charge Report and this Agreement, is defined as the fiscal year (July 1St to June 30) immediately preceding the date on which the Annexation Charge Report is due pursuant to paragraph 2.3 below. B The term "B" shall mean the greater of either (i) the total water demand within the Subject Territory during the applicable Water Year; or (ii) an amount equal to ten (10 %) of the ultimate annual total water demand within the Subject Territory, as determined annually by OCWD. As used in this Agreement, "total water demand" shall exclude the water demand served by reclaimed wastewater delivered through Applicant's non - potable Title 22 reclaimed water distribution system. C The term "C" shall mean the actual ad valorem property tax revenues collected, plus annexation fees paid to OCWD for lands within the OCWD boundaries other than the Subject Territory, plus any pass- through tax increments received from redevelopment agencies within OCWD (or their successor agencies), during the applicable Water Year. Provided, however, that in no event shall "C" be less than $19 million for the first 56 years of the annexation Agreement. D The term "D" shall mean the total quantity of groundwater produced within the boundaries of OCWD during the applicable Water Year, including in -lieu water deliveries. E For this Agreement the term "E" shall always equal 100°/x. 3 2.3 Applicant shall file with OCWD, on or before the 15th day of December of each year after the date of recordation of the "certificate of completion" with respect to the Annexation (the "Annexation Completion Date "), an "Annexation Charge Report" in the form set forth in Exhibit D hereto for the applicable Water Year, setting forth the greater of either (a) the total water demand within the Subject Territory within the preceding Water Year, or (b) ten percent (10 %) of the ultimate annual total water demand within the Subject Territory. The Annexation Charge Report shall be verified by a written declaration executed under penalty of perjury. OCWD shall have the right to inspect any and all books, records, and other writings of Applicant pertaining to the data contained in any Annexation Charge Report filed or to be filed by Applicant. 2.4 On or before the 31st day of January of each year after the Annexation Completion Date, Applicant shall pay to OCWD the annual Annexation Charge for the applicable Water Year, based upon the formula set forth in paragraphs 2.2 and 2.3 above and the data contained in the Annexation Charge Report covering that Water Year. Exhibit E attached hereto provides an example of the Annexation Charge calculation that would have been paid by Applicant to OCWD for water year 2011 -12. 2.5 If Applicant shall fail to pay the full amount due as the Annual Annexation Charge by January 31 for any applicable Water Year, OCWD shall assess a penalty charge against Applicant in the amount of ten (10 %) of the amount delinquent as of that date and, in addition thereto, shall charge interest on the delinquent amount at the lesser of (a) the rate of one and one -half percent (1.5 %) or (b) the maximum legal interest rate, for each month or fraction thereof for which the amount due remains delinquent. Should Applicant fail to file with OCWD an Annexation Charge Report by December 15 for any applicable Water Year, OCWD shall, in addition to assessing the penalty and charging interest on the delinquent annual Annexation Charge as set forth hereinabove, assess an additional penalty charge against Applicant in the amount of ten percent (10 %) of the amount of the annual Annexation Charge found by OCWD to be due as of the December 15 date. 2.6 The performance of Applicant's obligations to timely file annual Annexation Charge Reports and pay annual Annexation Charges under this Agreement is conditioned upon the annexation of the Subject Territory to OCWD. In the event that the Subject Territory is for any reason not annexed to OCWD, Applicant shall have no obligation to file annual Annexation Charge Reports or pay Annexation Charges as set forth hereinabove, and shall have no right to serve groundwater to the lands, residents, or water users within the Subject Territory. 2.7 The methodology for calculating the total water demands within the annexing territory is provided on Exhibit F. SECTION THREE: MISCELLANEOUS 3.1 All notices, payments, transmittals of documentation and other writings required or permitted to be delivered or transmitted to any of the parties hereto under this M Agreement shall be personally served or deposited in a United States mail depository, first class postage prepaid, and addressed as follows: If to OCWD: Orange County Water District P.O. Box 8300 Fountain Valley, CA 92728 -8300 Attention: General Manager If to Applicant: Yorba Linda Water District 1717 East Miraloma Placentia, CA 92870 Attention: General Manager or such other address as OCWD or Applicant shall direct in writing. Service of any instrument or writing by mail shall be deemed complete forty -eight (48) hours after deposit in a United Stated mail depository. 3.2 OCWD and Applicant mutually agree that the terms of this Agreement, or a general description of the terms thereof, may be set forth in any ordinance, resolution, or legislation adopted by OCWD, LAFCO or any other agency to implement the Annexation of the Subject Territory to OCWD pursuant to paragraph 1.1 hereinabove. 3.3 Except as set forth in paragraph 1.3 above and paragraph 3.5 below, this Agreement shall have no force or effect if any of the following occur: (a) LAFCO determines not to approve the Annexation; (b) LAFCO approves the Annexation under terms and conditions substantially different from or in conflict with this Agreement; or (c) a court of competent jurisdiction issues a final, non - appealable order, judgment, ruling or decree invalidating the Annexation or directing that the Subject Territory may not be annexed to OCWD. 3.4 The term of this Agreement shall be for so long as the Subject Territory is included within the boundaries of OCWD. 3.5 Notwithstanding any other agreement or understanding between Applicant and OCWD (including but not limited to the MOU "), in the event any person files a court action or proceeding challenging OCWD's decision to approve this Agreement or initiate the Annexation, or OCWD's decision to certify an Environmental Impact Report or adopt findings or a mitigation monitoring and reporting program under he California Environmental Quality Act, Public Resources Code Section 21000, et seq. ( "CEQA ") in connection with such decisions (a "Challenge "), Applicant shall defend, indemnify and hold OCWD harmless against any such Challenge, and pay all of the costs incurred by OCWD in defending against such Challenge, including attorneys fees, costs and expenses in defending such Challenge, court costs, and any costs or fees that may awarded by the court against OCWD in such action or proceeding. Applicant shall cooperate and provide any assistance reasonably requested by OCWD in defending against any such Challenge. Notwithstanding the foregoing, Applicant may at its own cost defend its interests in any such Challenge, and /or intervene as a party in such Challenge to defend its interests. In the event that Applicant intervenes or otherwise directly participates in the defending against any Challenge, OCWD, Applicant and any other governmental agency for which OCWD has initiated an annexation application in 5 conjunction with the Annexation shall cooperate in good faith with each other in the defense of the Challenge. 3.6 This Agreement shall be construed according to its plain meaning and as if prepared by all parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 3.7 This Agreement represents the entire understanding of OCWD and Applicant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered by this Agreement. This Agreement may not be modified, altered, or amended except in writing by the parties hereto. 3.8 All of the terms, conditions, and provisions of this Agreement shall inure to the benefit of, and be binding upon, OCWD and Applicant and their respective successors and assigns. 3.9 In partial consideration for OCWD's initiation of the Annexation, for a period of ten years from and after the Effective Date, Applicant shall not either initiate the annexation to OCWD of any lands outside the boundaries of OCWD and outside of the Subject Territory (the "Extraterritorial Lands "), or request that OCWD initiate proceedings to annex any of the Extraterritorial Lands. OCWD shall not consider any future annexation request from the Applicant for any of the Extraterritorial Lands for ten years from the Effective Date assuming LAFCO has approved annexation of the Subject Territory. Applicant shall not produce groundwater from, or serve or deliver groundwater produced from the Basin to, either: (a) any of the Subject Territory until the Annexation is approved and completed, or (b) any of the Extraterritorial Lands. 3.10 In partial consideration of OCWD initiating the Annexation and if, and only if, the proposed LAFCO approves the Annexation, YLWD, hereby both: (a) releases and covenants not to sue OCWD from or for any claim, liability or obligation to YLWD (i) on its own behalf, or (ii) under the authority of Water Code section 31081 or any other authority on behalf of any lands within its boundaries, which claim, liability or obligation is based upon, arises from or is in any way related to the "Agreement" dated February 18, 1970, between OCWD and Ernest A. Bryant Jr., and others relating to water and water rights affecting certain lands now within the boundaries of YLWD and included in the Subject Territory (the "Bryant Ranch Agreement "), and (b) waives and disclaims any right, title and interest, including but not limited to water rights or any right to water, that YLWD (i) on its own behalf, or (ii) under the authority of Water Code section 31081 or any other authority on behalf of any lands within its boundaries, may have or claim based upon or in any way relating to the Bryant Ranch Agreement. 3.11 In partial consideration of OCWD initiating the Annexation, Applicant agrees, for a period of fifty years from the Effective Date, to continue sending all sewage flows generated from its service territory to the Orange County Sanitation District treatment facilities. 3.12 In partial consideration for OCWD initiating the Annexation, Applicant agrees that, for a period of five years from the Effective Date, and notwithstanding any findings or determinations made by OCWD in accordance with Section 31.5 of the OCWD Act, D Applicant shall be deemed subject to a Basin Production Percentage pursuant to Section 31.5(c)(2) of the OCWD Act ( "BPP ") that is equal to the lesser of seventy percent (70 %) or the actual BPP annually established by the OCWD Board, and Applicant shall reflect such amount as the BPP applicable to Applicant's groundwater production in Applicant's annual Basin Equity Assessment Report filed with OCWD, for five years from the Effective Date. 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. APPROVED AS TO FORM IN General Counsel for Orange County Water District APPROVED AS TO FORM Counsel for ORANGE COUNTY WATER DISTRICT President General Manager APPLICANT President General Manager EXHIBIT A Description of Subject Territory 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT "A" Annexation Agreement between OCWD and YLWD regarding Annexation to OCWD Those parcels of land situated in the City of Yorba Linda County of Orange, State of California, described as follows: A& PARCEL 1 qb.� Beginning at an angle point in the existing boundary of the Yor da County Water District (Y.L.C.W.D.) as established per the "Formation" of said District, "Reorganization No. 94 -01" said District, said angle being the easterly to inus of the ce course described as "thence Easterly along s prolongatio . and along the Northerly line of Blocks 11 and 10 Yorba Tract to a t of t line io Street, 60.00 feet in width as now laid out" in said � rmation" a tha h 89 041' 12" West, 30.00 feet from the most Southeasterly come said "Re ization No. 94 -01 The -e along said existin ary said Reorganization No. 94 -01, South 89 °41'12" East, 30.00 feet to the c line of said Ohio Street and Southerly terminus of that certain course as "North 25 °11'36" East, 1597.14 feet" on the Westerly line of said Parcel Map No. 88 -156; Thence continuin al�onggssar _ existing boundary per said Reorganization and following along the boundary line of s'!!Id Parcel Map through the following described courses: North 25 °11'36" East, 1597.14 feet; Thence North 01 °16'32" East, 1230.02 feet; Thence leaving said existing YLCWD boundary and continuing along said Parcel Map boundary South 88 °24'07" East, 5245.91 feet to a point in said existing YLCWD boundary as established by Parcel 3 of Annexation No.78 -1" to said district, said point being North 01 °29'3. East, 1107.06' from the Southwesterly corner of said Parcel 3 of "Annexation No. 78 -1 "; 1 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT "A" Annexation Agreement between OCWD and YLWD regarding Annexation to OCWD Thence along the existing District boundary per last mentioned annexation and per "Annexation No. 77 -2" to said district and continuing along said Parcel Map boundary the following courses: South 01 °29'35" West, 1107.06 feet; Thence North 89 °53'35" West, 651.26 feet to the in hwesterly corner of said "Annexation No. 77 -2 "; Thence leaving said District boundary an nuing along said Parcel Map boundary the following courses: North 89 °40'21" West, 262. et; Thence South 00'08'10" West, .69 feet; Thence North 89 °4F1 2" West, 7 Thence South 00 °08' " est, 1173. feet t tons isting boundary of the YLWD as establish said ation ", said point being South 89'41'12" East, 1927.79 fe r more or less from the y to s of the that certain course described as "thence Easterly along saijLWesterly pr long a no ly line of Blocks 9 and 8 of said Yorba Linda to the Nort om aid Bloc Thence wing along existi CWD boundary line and continuing along said Parcel Map boun North 89 12" West, 1897.79 feet; Thence leaving sa r ap boundary, and continuing along said existing district boundary the following co u s: North 89'41'12" West, 30.00 feet; Thence North 00 °06'20" East, 990.13 feet to the Point of Beginning. The above described parcel of land contains 256.68 acres, more or less. 2of10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT "A" Annexation Agreement between OCWD and YLWD regarding Annexation to OCWD PARCEL 2 Beginning at an angle point in the existing boundary of theprba Linda Water District (Y.L.W.D). as created by "Annexation No. DA 01 -21" to said District, said angle point being the rr most southeasterly corner and the southeasterly terminus of that certain course shown as "South 00'08'10" West, 1173.00 feet" in said annexatioj tie to said angle po' t bears South 89 °40'57" East, 1897.79 feet from the Orange Co Surve 's Horizo ontrol Station GPS No. 5188, having a coordinate; value (U.S. Sury foot) North 227345. and East 6090454.692, based upon the California C OCS adjustment, as filed ' Office of the Orange C ty Sur, Thence, along said Zg boline o , a ished by the following annexations to said dist " No. D -21 ", "Annexation No. 77 -2 ", Annexat' "Annexation No. 77 -2 ", "Annexation No. 68 -1 ", "Annexation No. 72 -3" ILI and " ation No. 6 -l" in a generally northe , easterly, northerly, easterly, southerly, southweste d westerly ion *th#their various courses to the northwest corner of "Annexation No. ", said point also being the Northeast corner of said Felipe Yorba Allotment; '0 one VI, 1991.35 epoch Thence, leaving said eMing YLCWD boundary, North 89059'53" West, 1796.28 feet along the North line of said Felipe Yorba Linda Allotment, to Rancho Corner C.S.A. 14 of said Rancho; Thence, South 00 005'09" West 2711.21 feet, along Line "A" of the Agreement recorded November 5, 1962 in Book 6311, Page 439 of Official Records of said County, to a point on the line of the existing YLWD boundary line established by. The "Formation" of said YLWD; 3of10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT "A" Annexation Agreement between OCWD and YLWD regarding Annexation to OCWD Thence, along said existing YLWD boundary the following courses: North 89'24'15" West, 150.00 feet; Thence, North 00'10'18" East, 3001.55 feet; Thence, North 89 °40'57" West, 742.72 feet to the P OF BEGINNING. The above - described parcel of land contains 191.3:61 , mor ss. PARCEL 3 Beginning at an angle point o existing boundary lire of the YoNLi Countg g g p g Y Water District (YLCWD) as establish exation N-2, said Point of Beginning being the most northwesterly c of said Ation No. -2, an orthwest corner of Section 24, Township 3 South, Range t, San Bernardino Me s shown on a map recorded in Book 69, Page 41, Records of Surms, Records of said Orange County; Th e, along sai existing boundary of Annexation No. 77 -2 and the North line of afore ned Section shown on said ma , orth 89 °09'41" East, 651.26 feet to a point in the west e .ne Section 1 wnship ASouth, Range 9 West, S.B.M., said point being the True Point of Be g; Thence, leaving )sn y line, North 01 029'50" East, 3300.00 feet, along the westerly line of said Section 13, asn a map recorded in Book 3, Page 55, Records of Surveys, Records of said Orange County; Thence, South 73'30'10" East, 1800.00 feet; Thence, North 78 029'50" East, 2300.00 feet; Thence, North 65 °33'00" East, 4550.00 feet; 4of10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT "A" Annexation Agreement between OCWD and YLWD regarding Annexation to OCWD Thence, South 73 °01'29" East; 5878.48 feet; to a point in the Orange County — San Bernardino County boundary line, said point being at U.S.C. and G.S. Triangulation Station known as "San Juan ", said point also being the most northeasterly corner of saia Parcel "3' ; of Annexation No. 78 -1. Aff Thence, South 52 °47'28" East, 2104.29 feet, t mint in oundary line of said line of the Rancho Canon de Santa as described in th Decree of Parti certified copy of which was recorded February 8, 1874 in Book e 158, Deed, Re c of Los Angeles County, California; Thence, southerly along said Ra o ary line S 01 °05'25" West, 2677.43 feet to an angle point in said bo line; Thence, conti long boundar ine o h "West, 4082.38 feet to a poin in the westerly line of t alisher Wartenb allotment as shown on a map recorded in Book 34,Xage 29, of records of Survey sai Ora County; Then, ee, along said westerly line, South 00!23425" West, 3060.17 feet; Then c wing said w ly lineith 89'37'19" East, 528.42 feet; Thence, So 0 022'41" t, 300 feet; Thence, North 8 ' 1 st 528.42 feet, returning to the aforementioned westerly line, Thence, continuing a g said westerly line South 00'23'18" West, 5318.9 feet to a point i the centerline of the Atchison, Topeka and Santa Fe Railroad right -of -way; Thence, in a general southwesterly, westerly, and northwesterly direction along the southerly boundary line of said Annexation No. 68 -1 to an angle point of the easterly line of the allotment of second class lands to W. McKee in said partition of said Rancho Canon de Santa Ana and also being the easterly boundary line of the Orange County Water District boundary pei Senate Bill 1026; 5of10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT "A" Annexation Agreement between OCWD and YLWD regarding Annexation to OCWD Thence continuing along said easterly boundary North 01 °34'37" West 2400.00 feet to an angle point South 85 °10'39" West 2050.02 feet more or less; Thence North 01 °38'35" West 7827.18 feet along the easterly boundary line of Domingue2 Ranch, to a point to the northerly line of Rancho Canon de Santa Ana; Thence leaving said point, North 87 °20'23" West 1877.1 to a point to the Northwest corner of Annexation No. 75 -2 to the City of Yorba Linda; Thence following the boundary of said Annexation No. -2 to City following courses and distance: No °03'31" We66L feet, to the Linda, the y line of the northwest corner of the one — quarter s shown %k& map recorded in Book 97, Page 1 & 2, Record of Survey ange Cour 1� 911L Thence along said northerly of, said True Point of Beginning. A parcel of land '31" West 2006.82 feet to the 2285.62 acres, more or less. Beginning at the most s easterly corner of Parcel "4" of Annexation No. 78 -1 to the Yorba Linda County t, said point being the intersection of the easterly boundary line of the 2,000.23 acre tra of Second Class land allotted to B. and J. Yorba Linda in Decree o Partition in Case No. 1978 with the Bixby, Irvine Scully compromise line as shown on map filec in the Book 21, Page 21, of Records of Survey of said Orange County, being the Point of Begining; Thence, leaving said point on a non - tangent curve concave southerly and having a radius of 2496.64 feet, a radial line of said curve from said point bears South 13 °40'20" West; of Tract 6of10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT "A" Annexation Agreement between OCWD and YLWD regarding Annexation to OCWD No. 11836 as shown on a map filed in Book 539, Pages 8 through 21 of Miscellaneous Maps in said Office of the Orange County Recorder; Thence along said curve Westerly 403.42 feet through a central angle of 9 °15'30 "; Thence, tangent from said curve North 85035'10" West 107.70 feet to the beginning of a tangent curve concave northerly and having a radiu 13.1 eet; Thence, along said curve Westerly 79. through a central angle of 2 030'05 "; Thence non - tangent from said curve So °42'02" est, 54982 feet; Thence South 84'38'12" W 1.06 feet; Thence North 79 °57'47" Wes, t; Thence North 63° ' "West, 526 0 feet, Thence North 89 °22'24" West, 554.96 feet, Thence South 7840" W , 206.85 Tence South 60 °05'49" st, 16. 6, eet; Aw Thence South 5 4" 68.58 90, Then — uth 47 026' West, 9 feet; Thence Sou t 36 010'33' est, 169.38 feet; Thence South est, 210.98 feet; Thence South 62 °4 " West, 152.07 feet; Thence South 76'39'13" West, 324.72 feet; Thence South 88 °12'09" West, 784.04 feet; Thence South 84 033'08" West, 325.19 feet; Thence South 82 °21'43" West, 433.08 feet to the Southeasterly corner of Tract No. 11899 as shown on a map filed in Book 525, Pages 22 through 26 of Miscellaneous Maps in said Office of the Orange County Recorder; 7of10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT "A" Annexation Agreement between OCWD and YLWD regarding Annexation to OCWD Thence leaving said boundary line Tract No. 11836, along the Southerly boundary line of said Tract No. 11899 through the following courses: North 69 °07'09" West 799.53 feet; Thence South 81 020935" West, 521.28 feet; Thence North 73 030'28" West, 238.67 feet; Thence North 48 °16'27" West, 534.68 feet; Thence North 46 °50'03" West, 854.92 feet to thwesterly co said Tract No. 11663; Thence leaving said boundary line of Tr o. 11899 long the b ary line of said Tract No. 11663 through the follow' urses: Nort 'West 345.64 fe Thence North 27'20'14" Wes Thence North 77 0 O�est 565. eet; Thence North 16 °49'58" West 363.8 8 Thence North 45 '19" 241.34 feet to the Southeast corner of said Tract No. 11662; bound feet; a-Wract No. 11663, along the Southerly following courses: North 45046'19" West 1417.20 Thence North 1'18'5 17est 973.50 feet; Thence South 88 02 " West 666.09 feet; Thence South 58 041'57" West 409.73 feet; Thence South 6 013'30" East 420.23 feet; Thence South 38 °13'04" West 715.07 feet; Thence South 72 °57'31" West 709.86 feet to a point in the westerly line of the Kalisher and Wartenberg allotment as shown on a map recorded in Book 34, Page 29 of Records of Survey of said County; 8of10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT "A" Annexation Agreement between OCWD and YLWD regarding Annexation to OCWD Thence, along said westerly line North 00 °23'08" East 5716.81 feet; Thence, leaving said westerly line South 89'37'19" East 528.42 feet; Thence, North 00 °24'41" East 300 feet; Thence, North 89'37'19" West 528.42 feet, return the aforementioned westerly line; Thence, continuing along said westerly line, 023'25" East 3 7 feet to a point in the northerly line of the Rancho Canon de Santa An describe�n the Fina ree of Partition, certified copy of which was record ruary 8, 18 28, Page 158, oeeds, Record of Los Angeles County, California; Thence, along sai cho boundary line, Sou 9 °14' ast 4082.38 feet to an angle point in said boundary line; Thence, continuing along sai boundary North 01 006'25" East 2677.43 feet to a point in the *nge Coun San Bernardino County boundary line, said County bndary line also being the easterly un line of aforementioned Parcel "2" of Annexatio�i� N� o. 78 -1; The outherly alo id Co boundary line South 52 °44'30" East 16,851.16 feet more or less, to a t in the aforementioned easterly boundary line of the 2,002.23 acre tract c Second Class land allciWtUjjMd J. Yorba; Thence, due South 01 °40'2lwEast, along said easterly, 2255.67 to the Point of Beginning. The above - described parcel of land contains 3524.15 acres, more or less. The total acreage of the four (4) parcels is 6257.83 acres, more or less 9of10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT "A" Annexation Agreement between OCWD and YLWD regarding Annexation to OCWD All as shown on Exhibit `B ", attached hereto and by this reference made a part hereof. Unless otherwise noted, all distances are ground based on the California Coordinates System (CCS83), Zone VI, 1983 NAD (1991.35 epoch OCS GPS adjusfinent). To obtain grid distances multiply ground distance by 0.99997158. A& This document was prepared by me or under my direction and supervision. Dated this day of ; Alan D. Frank, L.S. My license expires 12/3 the Orange Cougq Raymond L. Mathe County Surveyor Dated this day of , 2013 Per; Michael K. Sullivan, Deputy County Surveyor L.S. 6254, My license expires 6 -30 -14 10 of 10 EXHIBIT B Boundaries of the Subject Territory and Relevant portions of OCWD 10 INDEX MAP GSHEET NUMBER I PARCEL 1 ('_56.68 ACRLSI POB PAgCEL1M(UT pARCEL 2 NELY COR' FORMATIDN' POB (191:15 ACRES) O o �'rORM.ITOM PER SI �' ".P Dll 1. NO. ia)F m menuvu. _ 1NNl.N110N TOM LEGEND: ANNEXATION BOUNDARY EXISTING ORANGE COU NTY WATER DISTRICT (O.C.W.D.) BOUNDARY EXHIBIT 'B" (DRAFT) ORANGE COUNTY WATER DISTRICT ANNEXATION AGREEMENT JAIMPROVEMENT DISTRICT NO. I PARCEL 3 (?285.62. %cros) LMD nOO�Wq�R DIS1 Rte. HILLS LINDA Z W \ o TOPEKA INDEX MAP SCALE: AS -NOTED DATE: 09 -17 -13 SHEET NO: 1 OF 4 S YORBA LINDA WATER DISTRICT ® 1717 E. M IRALONIA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701 -3100 EXHIBIT 'B" (DRAFT) ORANGE COUNTY WATER DISTRICT ANNEXATION AGREEMENT JAIMPROVEMENT DISTRICT NO. I PARCEL 3 (?285.62. %cros) LMD nOO�Wq�R DIS1 Rte. HILLS LINDA Z W \ o TOPEKA INDEX MAP SCALE: AS -NOTED DATE: 09 -17 -13 SHEET NO: 1 OF 4 S 9 � 6� Rti RO ti CO G� ly IMPROVEMENT DISTRICT NO.2 PARCEL 4 (3524.15ACRIS) / � rRACr NO.11B6x { l \ RAILWAY \ SANTA FE , L i •\ ONO, Pj E TO THE E /r I � �tz,5 /fie �o \ o r AN sy� ([ N TS ,Y C�FRI TMA — ACRE R NO. IMAM AM RANCHO BANTA \1 MIA 0.9sN 4 ON A. 2131 YD. N PARCEL3 LI DA W Fp , I ANNEXATION I FOR OF FELIPE YORBA , NO.78 -1 C, ALLOTMENT OF SECOND I S88 °24'07 "E 5245.91' ' M o P.M. No. 88 -156 S01 °29'35 "W Z ZN NO 1107.06' P.M.B. No. 239/111 —�— - - - -- P, ppo1O� N89 °53'35 "W BLVD / -�-- P.O.B. _ YORBA LINDA 651.26' °40'21 "W ti ^ PARCEL 1 N$9 2626.6t' — PARCEL 1 o0 INTERSECTION OF (256.68 ACRES) THE WEST LINE OF o°��o 2 3 OHIO ST. WITH THE i h yob b MOST SE'LY COR. 3 ANNEXATION NO. 77 -2 NORTH LINE OF REORGANIZATION 94 -01 0 o PARCEL 2 BLOCK 10, YORBA NE COR. BILK. 10, YORBA p C b O LINDA TRACT LINDA TRACT (191.38 ACRES) U) o P.O.B. "W �6� CE O \ --------F77 PARCEL2 N8942,71' �P�` G NNW CDR S00 °08'10' °1$'11" N0990.13' / BLK. 9, YORBA A = 39 1173.00' 990.13' \� / LINDA TARCT R = 1200.00' N89 °40'57" RANCHO L = 823.16' N89 °41'12 "W 742.72' c.R. 1927.79' — C.S.A. 14 N89-4 112"W N89 °59'53 "W ANNEXATION NO. _ 30.00' N89 °41'12 "W — 1796.28' 72 -3 60' iIl 1897.79' I TO YLWD. Cwt MOST N . 68- COR. NORTH LINE BLOCKS 9 & 8 NEX. NO. 68 -I YLWD - I ' Q I "FORMATION" YORBA LINDA TRACT � ��� I N89 °37'23'W ,J YLCWD C4 LIN I 386.81' RS 47/25 M i n 311 PG. I YD. PREPARED BY: EXHIBIT "B YORBA LINDA WATER DISTRICT (DRAFT) 1717 E. MIRALOMA AVENUE ORANGE COUNTY WATER DISTRICT PLACENTIA, CALIFORNIA 92870 ANNEXATION AGREEMENT (714)701 -3100 ri It 00 00 LEGEND ANNEXATION BOUNDARY EXISTING ORANGE COUNTY WATER DISTRICT (OCWD) BOUNDARY SCALE: AS -NOTED DATE: 09 -17 -13 SHEET NO. 2OF4 N 439 D.R. CITY OF YORBA LI DA W Fp , I � I FOR OF FELIPE YORBA , C, ALLOTMENT OF SECOND I ' "r1 CLASS LANDS Z c' —�— - - - -- BLVD / -�-- _ YORBA LINDA SLY R/W YORBA LINDA BLVD. N89'24'1 5"W 150.00' I , PREPARED BY: EXHIBIT "B YORBA LINDA WATER DISTRICT (DRAFT) 1717 E. MIRALOMA AVENUE ORANGE COUNTY WATER DISTRICT PLACENTIA, CALIFORNIA 92870 ANNEXATION AGREEMENT (714)701 -3100 ri It 00 00 LEGEND ANNEXATION BOUNDARY EXISTING ORANGE COUNTY WATER DISTRICT (OCWD) BOUNDARY SCALE: AS -NOTED DATE: 09 -17 -13 SHEET NO. 2OF4 BEARING TABLE NO. BEARING LENGTH 1 N.E. COR. PARCEL "3" OF 566.64' 2 N17 °48'50 "W 50.00' 3 ANNEX. NO. 78 -1 ALSO U.S.C. 8 S73 °0129. 879.86' a550�� G.S. TRIANGULATION STATION E 5878.48' SAN JUAN" N653300s q i80p�Q'1pF • N78 °ZOpO E 2300. 70y o 41,2 IMPROVEMENT DISTRICT NO. I 29 BF U�iy� W'LY. BOUNDARY �°n T.P.O.B PARCEL '3"OF ANNEXATION NO. m PARCELS o PARCEL 3 M 78 -1 N ? N (2285.62 ACRES) o Z j BLVD. ORTH LINE OF RANCHO CANON de SANTA ANA N89 °09'41 "E 651.26' F p \KWON '- -- ------ -- P.O.B.PARCEL3 N89 °0331" N89 °0 31"VY I N87 °20'2 --- -- - - - - -- N89 °14'49"W 4082.38' ------------- N.W.0 . NO. 77 2006.82' 2661/15- 1877,10' ANNEX. -2 N.W. COR. SECT. 24, T. S., R.9, N.E. COR. N.W. —� COR. 114 SEC. -I N W. R. 76-2 /1 I AN ( �NpX �. A ATION NO. 3. W. S.B.M. R9W. OF YORBA` a'�' LINDA �b� O ~ ¢ 78 -1 0 TOT HE YOR$A cY� LINDA rso�Coo C �'�,m�,, N N Ty WATER DISTRICT o S89 °37'19 "E E'LYWRY 526.42' I I DOMING UFZ RANCH m j S Z " SOO °22'41"W I I Q 300.00' I U *+ 1 I � N89'37'1 9'W P� I �-- 528.42' BLVD ?� - -� Z HILLS ,�,--t� - B CITY OF YORBA LINDA �� / a W'LY LINE OFTHE KALISHERB WARTENBERG \ Z ALLOTMENTPER R.S. 34129 w3 ELY LINE McKeeq 20 \\ ALLOTMENT = in TOPEKA BEARING TABLE NO. BEARING LENGTH 1 S72 °11'10 "W 566.64' 2 N17 °48'50 "W 50.00' 3 S72 °11'10 "W 879.86' S85'10'39 V� 2050.02' 4 = 20 °15'42" Q - M oo R= 3881 �'-FO-R ATION" I o w L= 1381.8181", PER SENATE BILL TO. -- 1026 o a TO THE O.C.WD. -�`� - � l� 3 2 / / /CITY OF ANAHEIM `ANNEXATION 68 -1 TO THE OCWD BE COR. /TRACT NO. 118662 // -9 "!/ N I" = 2500' 0 2500' 5000' LEGEND ANNEXATION BOUNDARY EXISTING ORANGE COUNTY WATER DISTRICT (OCWD) BOUNDARY PREPARED BY: EXHIBIT 11B SCALE: YORBA LINDA WATER DISTRICT AS -NOTED (DRAFT) DATE: 1717 E. MIRALOMA AVENUE ORANGE COUNTY WATER DISTRICT 09 -17 -13 PLACENTIA, CALIFORNIA 92870 ANNEXATION AGREEMENT SHEET NO. (714) 701 -3100 3 0F4 u- NORTH LINE OF RANCHO o CANON OE SANTA ANA O N z S B S89 °14'49 "E 4082.38' Q W'LY LINE OF THE KALISHER 8 O W WARTENBERG N ALLOTMENT PER �I N ci R.S. 34129 TO T A L EXAT ' O Nfi YO Z 1O 28,1 s 0 NSS °3719 ^w IN�q O 528.42' CO(1N� W S24 3 Arozal E ER DISTI v F;` , r 3o.00 sCT 76 S89 °37'19 "E 528.42' r.Q' IMPROVEMENT DISTRICT NO. 2 PARCEL 4 �O� 1Kq (3524.15 ACRES) 3.1 CITY OF YORBA LINDA ti BEARING TABLE NO.1 BEARING LENGTH 2 N85 °35'10"W 107.70' 4 N84 :38 -12-W 281.06' 5 N79 5747"W 459.74' 6 N63 . 56'25"W 526.20 7 N89 °22'24"W 554.96' 8 S78 :17 :39-W 206.85' 9 S60 0550'W 316.67' 10 S54 °2343W 268.58' 11 S47 °26'09"W 195.69' 12 S36 °10'33"W 169.38' 13 S23 °53'20 'W 210.98' 14 S62 °46'35 'W 152.07' 15 S76 °39'13 'W 324.72' 16 S88 °12'09 "W 784.04' 17 S84 °33'08 "W 325.19' 18 S82 °21'43 W 433.08' 19 N69 °07'09 "W 799.53' 20 S81 2035"W 521.28' 21 N73 °30'28 'W 238.67' 22 N48 °16'27"W 534.68' 23 N46 °50'03 "W 854.92' 24 N06 °24'55"W 345.64' 25 N27'20'1 4"W 717.56' 26 N07 °09'00 "W 565.80' 27 N16 °49'58W 363.85' 28 N45 °46'1 9 "W 241.34' 29 N45 °46'1 9"W 1417.20' 30 N57 °18'58 "W 973.50' 31 S88 °27'27"W 666.09' 32 S58 °41'5T'W 409.73' 33 S06 °13'30 "E 420.23' 34 S38'1 3'04"W 715.07' 351 S72 °57'31 "W 1 709.86' EAST BOUNDARY 2.002.23 ACRE TRACT PER I DECREE - CASE I NO. 1978 ALSO I EAST LINE RANCHO SANTA ANA AS SHOWN 4t ON R.S. 21 -21 A =9 °15'30" IN- A = 2 °30'05" R=2496.64' N R 11662 R=181318' L = 403.42' m ao L=79. ANTA FE N I" = 2500' 0 2500' 50( _ 2 61 ESTABLISHEO LEGEND 10 9 7 6 5 a 969 °q2 �1QY TRRNO�tRi662.R ANNEXATION BOUNDARY P N` \� - RlRS1 2 18 1717 -- 1g 12 8 EXISTING ORANGE COUNTY WATER -- of ,9 O - VVI'o / �O CITY OF ANAHEIM RD. PREPARED BY: YORBA LINDA WATER DISTRICT Erin 1717 E. MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701 -3100 DISTRICT (OCWD) BOUNDARY CITY OF ANAHEIM EXHIBIT "B SCALE: AS -NOTED (DRAFT) DATE: ORANGE COUNTY WATER DISTRICT 09 -17 -13 ANNEXATION AGREEMENT SHEET NO. 4OF4 EXHIBIT C Mitigation Monitoring and Reporting Program 11 ORANGE COUNTY WATER DISTRICT ANNEXATION REQUEST BY THE CITY OF ANAHEIM, IRVINE RANCH WATER DISTRICT, AND YORBA LINDA WATER DISTRICT SECTION 6 MITIGATION MONITORING AND REPORTING PROGRAM State Clearinghouse #2011071095 PURPOSE This section lists all mitigation measures contained in Final Program/Project EIR (FEIR) for the proposed Orange County Water District (OCWD) Annexation Requests by the City of Anaheim, Irvine Ranch Water District (IRWD) and Yorba Linda Water District (YLWD). The mitigation measures are provided in the format of a Comprehensive Mitigation Monitoring and Reporting Program. This Program complies with State Public Resources Code §21086.6 which requires public agencies approving a project under CEQA to establish a program for monitoring and reporting on the adopted mitigation plan. ADOPTION OF MITIGATION MEASURES As part of deliberations concerning the proposed project, the OCWD Board of Directors will be required to consider adoption of the mitigation measures listed herein. If the OCWD Board of Directors approves the Annexation Requests by the City of Anaheim, Irvine Ranch Water District (IRWD) and Yorba Linda Water District (YLWD), the Board will be required to specify whether these mitigation measures are to be formally incorporated as conditions of project approval. MONITORING AND REPORTING PROCEDURES The OCWD Board of Directors will be responsible for ensuring that all adopted mitigation measures are implemented in the manner outlined in this Program. OCWD staff will be responsible for ensuring that mitigation measures are satisfactorily monitored, and for reporting to the OCWD Board of Directors regarding progress in fulfilling the mitigation obligations. The Board of Directors will in turn be responsible for considering the reports submitted by staff, and determining whether the measures are being implemented and enforced as intended in this Mitigation Monitoring and Reporting Program. It will be the responsibility of the Board of Directors to amend these mitigation measures if necessary to achieve the environmental protections herein. REGULATORY AND CODE COMPLIANCE STANDARDS The project will be subject to a number of uniform code requirements and standard conditions of approval. Many of these requirements have been established to safeguard environmental resources, and/or to promulgate environmental goals and objectives. If the proposed annexations are approved, compliance with applicable uniform regulations will be mandatory (not discretionary). Such regulations do not conform to the strict definition of mitigation. Although regulatory standards and codes are not necessarily incorporated into this mitigation program, it is understood that full compliance with all relevant regulatory and code compliance standards shall be required throughout all stages of project implementation. COMPILATION OF MITIGATION MEASURES The following mitigation measures are proposed to eliminate, avoid, or reduce to a level of insignificance the potential environmental effects of the proposed OCWD Annexation Requests by the City of Anaheim, IRWD and YLWD that have been found to be potentially substantial and adverse. ORANGE COUNTY WATER DISTRICT ANNEXATION REQUEST PROJECT MITIGATION IMPLEMENTATION AND MONITORING PROGRAM AND FORM State Clearinghouse #2011071095 Project Approval Date: Project File Number: The following mitigation measures have been adopted by the OCWD Board of Directors. As such, these measures represent formal conditions of approval that shall govern implementation of the annexation request project. The Orange County Water District staff shall be responsible for monitoring and reporting progress on these measures until all measures are fulfilled in accordance with their original purpose and intent, as determined by the OCWD Board of Directors. This monitoring form shall be available for public review and inspection, and final project clearance shall require that all verifications included in this form have been satisfactorily completed. METHOD OF TIMING OF RESPONSIBLE COMPLETION NO. MITIGATION MEASURE VERIFICATION VERIFICATION PERSON DATEANITIALS AESTHETICS Pursuant to the agreement between the OCWD and the YLWD, the YLWD YLWD shall notify and Notification and Greg Woodside, AES -1 Project Manager shall be responsible for ensuring compliance with the following: provide OCWD with verification shall OCWD Executive Consistent with policies and programs of the local agency in which the facilities written verification that be provided to Director of are located, YLWD shall design future annexation- related facilities to protect MM AES -1 has been OCWD by YLWD Planning and scenic values and to avoid visual intrusions. implemented in the upon completion of Natural Resources. manner stated. MM AES -1, and prior to the start of construction of the annexation - related facilities. AIR QUALITY Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, AIR -1 Manager shall be responsible for ensuring that at least one of the following options provide OCWD with verification shall OCWD Executive is adhered to during construction of project - related well and pipeline elements: written verification that be provided to Director of Option 1: Prepare an air quality emissions analysis for construction activity with MM AIR -1 has been OCWD by YLWD Planning and project - specific information prior to start of construction for well and /or pipeline implemented in the upon completion of Natural Resources. construction. Emissions analysis shall detail the off -road equipment list, any manner stated. MM AIR -1, and emission control devices added onto off -road equipment, and engine tiers (if prior to the start of known) as well as soils hauling and vendor trip numbers and trip lengths. The well or pipeline analysis shall demonstrate that well and pipeline installation construction shall not construction . exceed the SCAQMD's mass emissions thresholds of significance. The YLWD project manager shall; ensure that construction managers adhere to the equipment and trip data specified in the emissions analysis. Option 2: If specific facility construction would generate the same or less horsepower hours per day as utilized in the analysis, and would not generate more on -road trips than analyzed, then: (a) well and pipeline construction shall not occur on the same day; (b) Tier 3 engines shall be used for all off -road pipeline construction equipment greater than 100 horsepower. BIOLOGY Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project BIO -1 Manager shall be responsible for ensuring compliance with the following: Once the construction locations are finalized, if any of the proposed well or pipeline facilities occur in the immediate vicinity of the 4 OCWD recharge basins and/or the adjacent native riparian restoration site, the presence of any riparian associated special status species must be determined prior to project construction. A presence /absence survey must be conducted by a qualified and/or permitted biologist to determine the current occupancy of the adjacent native riparian restoration site. Presence /absence surveys must be conducted according to accepted protocol for the appropriate species. A permitted biologist will be required to survey for federal and state listed species, If the existing native riparian habitat restoration site is determined to be occupied by any riparian habitat - associated special status species and facilities are proposed adjacent to this habitat, additional avoidance and minimization measures will be require such as those described in MM BIO -2 below. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project BIO -2 Manager shall be responsible for ensuring compliance with the following: If it is determined that a special- status species is currently occupying any portion of the OCWD Basins or adjacent native riparian restoration site, a biological monitor must be onsite to assess the potential for the project to indirectly impact the special- status species. If the monitor determines there is a potential for indirect impacts, additional avoidance measures will be required, such as construction activities may not encroach within the occupied territory at a minimum of 350' for passerines and 500' for raptors. Additionally, depending on the construction proximity and sensitivity of the special- status species, a noise monitor may be required to ensure that indirect noise impacts do not result in the harassment and potential take of the species. An average of 60dB per hour at a known nest location for certain special- status species, such as least Bell's vireo, may result in potential nest failure and subsequent `take of the active nest. Construction- related noise must be below 60dB per hour during the nesting season to ensure indirect `take' of the special- status species does not occur. YLWD shall notify and provide OCWD with written verification that MM BI0-1 has been implemented in the manner stated. YLWD shall notify and provide OCWD with written verification that MM BI0-2 has been implemented in the manner stated. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and BIO -3 Manager shall be responsible for ensuring compliance with the following: Project provide OCWD with activities in the YLWD proposed facility area may occur within or immediately written verification that Notification and verification shall be provided to OCWD by YLWD upon completion of MM BI0-1, and prior to commencement of construction of the proposed wells or pipelines. Notification and verification shall be provided to OCWD by YLWD upon completion of MM BI0-2, and prior to commencement of construction of the proposed wells or pipelines. Notification and verification shall be provided to Greg Woodside, OCWD Executive Director of Planning and Natural Resources. Greg Woodside, OCWD Executive Director of Planning and Natural Resources. Greg Woodside, OCWD Executive Director of adjacent to suitable nesting habitat for a number of common and sensitive native, MM BI0-3 has been OCWD by YLWD Planning and resident and migratory bird species protected under the SDFG Code 3500 and the implemented in the upon completion of Natural Resources. Migratory Bird Treaty Act. If a proposed production well or facility site will be manner stated. MM BI0-3, and constructed within or immediately adjacent to suitable nesting habitat (i.e., trees, prior to shrubs, lattice towers and/or utility poles), construction activities should avoid the commencement of general nesting season of February through August. If construction cannot avoid construction of the the nesting season, a preconstruction clearance survey must be conducted to determine if any nesting birds or nesting activity is observed on or within 500' of proposed wells or the project site. If an active nest is observed during the survey, a biological pipelines. monitor must be on site to ensure that no project activities impact the active nest. The biological monitor will establish a suitable buffer around the active nest until the nestlings have fledged, and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, BI0-4 Manager shall be responsible for ensuring compliance with the following: Once provide OCWD with verification shall OCWD Executive the locations of proposed production wells are finalized, the potential to impact a written verification that be provided to Director of street tree located within a public right -of -way must be determined by a certified MM BI0-4 has been OCWD by YLWD Planning and arborist prior to project construction. The exact location of a production well, in implemented in the upon completion of Natural Resources. relation to an existing street tree, will be analyzed to determine if any pruning, manner stated. MM BI0-4, and trimming or removal is warranted in order to facilitate construction of the proposed production well. If the proposed construction will result in any impact to an prior to existing street tree, additional mitigation will be required. commencement of construction of the proposed wells or pipelines. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, BI0-5 Manager shall be responsible for ensuring compliance with the following: If it is provide OCWD with verification shall OCWD Executive determined that construction of any of the three proposed production wells will written verification that be provided to Director of result in the trimming, pruning or removal of any street tree protected by Chapter MM BI0-5 has been OCWD by YLWD Planning and 13.12 of the City of Anaheim Municipal Code, written authorization must be implemented in the upon completion of Natural Resources. obtained by the director of Community Services Department prior to impacting the manner stated. MM BIO -5, and street tree. Any trimming, cutting or pruning must be conducted in accordance with the standards adopted by the International Society of Arboriculture. All tree- prior to impacting activity must adhere to the provisions and standards outlined in Chapter commencement of 13.12 of the City of Anaheim Municipal Code. construction of the proposed wells or pipelines.. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, BIO -6 Manager shall be responsible for ensuring compliance with the following: Project provide OCWD with verification shall OCWD Executive impacts to street trees should avoid the general nesting season of February through written verification that be provided to Director of August to reduce any potential impact to potentially nesting avian species. MM BI0-6 has been OCWD by YLWD Planning and Additional avoidance and minimization measures to reduce potentially suitable implemented in the upon completion of Natural Resources. nesting habitat are detailed in MM BIO -3 above. manner stated. MM BI0-6, and GEO -1 GEO -2 GEO -3 GEOLOGY AND SOILS Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project Manager shall be responsible for ensuring compliance with the following: (a) To reduce the hazards of seismic damage, project sites shall not be located in known active fault zones, if possible. A licensed geotechnical engineer shall conduct a geotechnical engineering investigation for all applicable facilities, The geotechnical engineer shall prepare a report that summarizes results of a field investigation, including site inspection and soil testing, potential geologic hazards (fault rupture and severe secondary effects), along with design criteria and construction methods to effectively construct the proposed facilities with an acceptable level of risk with respect to earthquake, liquefaction, foundations, landscaping, dewatering, ground- water, retaining walls (if applicable), pavement sections, and utilities. The report shall address all geologic and geotechnical factors related to the design and construction of the proposed project. The geotechnical engineering investigation shall delineate areas of active and potentially active faults. To the extent possible, it shall identify fault traces and locate them in the field so faults can be avoided; (b) Appropriate seismic design provisions shall be implemented with project design and construction in accordance with governing building codes. Unless superseded by other regulatory provisions or standards, seismic design criteria shall be developed ion the basis of the requirements of the current CBC. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project Manager shall be responsible for ensuring compliance with the following: All practicable precautions shall be taken to design and construct project facilities to withstand the projected ground shaking associated with the characteristic earthquakes in the area. This includes secondary hazards induced by earthquakes (liquefaction, lurching, lateral spreading, rapid differential settlement, induced landslides and rock - fall avalanches). Project structures shall be designed using project- specific criteria in accordance with the latest revision of the National Electrical Safety Code and the CBC. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project Manager shall be responsible for ensuring compliance with the following: Prior to commencement of grading or dredging permit, appropriate Best Management Practices (BMPs) shall be incorporated into project planning to reduce construction pollutants in runoff, consistent with goals and standards established under federal and state nonpoint source discharge NPDES regulations and Basin Plan water quality YLWD shall notify and provide OCWD with written verification that MM GEO -1 has been implemented in the manner stated. YLWD shall notify and provide OCWD with written verification that MM GEO -2 has been implemented in the manner stated. YLWD shall notify and provide OCWD with written verification that MM GEO -3 has been implemented in the manner stated. prior to commencement of construction of the proposed wells or Notification and verification shall be provided to OCWD by YLWD upon completion of MM GEO -1, and prior to approval of the final design for the proposed wells and pipelines. Notification and verification shall be provided to OCWD by YLWD upon completion of MM GEO -2, and prior to the approval of the final design for the proposed well and Notification and verification shall be provided to OCWD by YLWD upon completion of MM GEO -3, and prior to Greg Woodside, OCWD Executive Director of Planning and Natural Resources. Greg Woodside, OCWD Executive Director of Planning and Natural Resources. Greg Woodside, OCWD Executive Director of Planning and Natural Resources. objectives. To maximize effectiveness, the selected BMPs shall be based on finalized the commencement of site - specific hydrologic conditions with consideration for the types and locations of grading or construction and development. Mechanisms to maintain the BMPs shall be identified construction for the in the Conditions of Approval. Construction BMPs could include, but are not limited project facilities. to the following: diversion of offsite runoff away from the construction area; prompt revegetation of proposed landscaped areas; perimeter straw wattles or silt fences and/or temporary basins to trip sediment before it leaves the site; regular sprinkling of exposed soils to control dust during construction during the dry season; installation of a minor retention basin to alleviate discharge of increased flows; specifications for construction waste handling and disposal; erosion control measures maintained throughout the construction period preparation of stabilized construction entrances to avoid trucks from imprinting debris on public roadways; contained wash -out and vehicle maintenance areas; training of subcontractors on general construction area housekeeping; construction scheduling to minimize soil disturbance during the wet weather season; regular maintenance and storm event monitoring. HAZARDS and HAZARDOUS MATERIALS Pursuant to the agreement between the OCWD and the YLWD, the YLWD YLWD shall notify and Notification and Greg Woodside, HAZ -1 Project Manager shall be responsible for ensuring compliance with the provide OCWD with verification shall be OCWD Executive following: Prior to construction of any proposed facilities that are located at written verification that provided to OCWD Director of one or both of the existing plugged wells, a written verification shall be MM HAZ -1 has been by YLWD upon Planning and obtain from the Department of Oil, Gas and Geothermal Resources that the implemented in the completion of MM Natural Resources. plugged well within the grading envelop was properly abandoned pursuant to manner stated. HAZ -1, and prior to their regulations. commencement of construction of the proposed wells or pipelines. Pursuant to the agreement between the OCWD and the YLWD, the YLWD YLWD shall notify and Notification and Greg Woodside, HAZ -2 Project Manager shall be responsible for ensuring compliance with the provide OCWD with verification shall be OCWD Executive following: Prior to construction, YLWD shall prepare a Traffic Control Plan written verification that provided to OCWD Director of for approval by the City of Anaheim. The plan shall include management MM HAZ -2 has been by YLWD upon Planning and practices to maintain access to businesses, residences, schools, park implemented in the completion of MM Natural Resources. facilities, and other buildings when parking lots and street lanes are closed manner stated. HAZ -2, and prior to during construction. commencement of construction of the proposed wells or i elines.. HYDROLOGY AND WATER QUALITY Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, HWQ -1 Manager shall be responsible for ensuring compliance with the following: Project provide OCWD with verification shall be OCWD Executive conditions of approval shall specify that, prior to issuance of a grading or dredging written verification that provided to OCWD Director of permit, appropriate Best Management Practices (BMPs) be incorporated into project MM HWQ -1 has been by YLWD upon Planning and planning to reduce construction pollutants in runoff, consistent with goals and implemented in the completion of MM Natural Resources. standards established under federal and state nonpoint source discharge NPDES manner stated. HWQ -1, and prior to regulations and Basin Plan water quality objectives. To maximize effectiveness, the the issuance of a selected BMPs shall be based on finalized site - specific hydrologic conditions, with grading or dredging consideration for the types and locations of construction and development. Mechanisms to maintain the BMPs shall be identified in the Conditions of Approval. permit for Construction BMPs could include, but are not limited to diversion of offsite run -off construction of the away from the construction area; prompt revegetation of proposed landscaped areas; project facilities. perimeter straw wattles or silt fences and /or temporary Basins to trap sediment before it leaves the site; Regular sprinkling of exposed soils to control dust during construction during the dry season; installation of a minor retention Basin(s) to alleviate discharge of increased flows; specifications for construction waste handling and disposal; erosion control measures maintained throughout the construction period; preparation of stabilized construction entrances to avoid trucks from imprinting debris on roadways; contained wash out and vehicle maintenance areas; training of subcontractors on general construction area housekeeping; schedule construction to minimize soil disturbance during the wet weather season; and regular maintenance and storm event monitoring Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, HWQ -2 Manager shall be responsible for ensuring compliance with the following: Project provide OCWD with verification shall be OCWD Executive Conditions of Approval shall specify that appropriate post - construction Best written verification that provided to OCWD Director of Management Practices (BMPs) be incorporated into project design to reduce urban MM HWQ -2 has been by YLWD upon Planning and pollutants in runoff, consistent with goals and standards established under federal and implemented in the completion of MM Natural Resources. state nonpoint source discharge NPDES regulations and Basin Plan water quality manner stated. HWQ -2, and prior to objectives. To maximize effectiveness, the selected BMPs shall be based on finalized approval of the final site - specific hydrologic conditions, with consideration for the types and locations of design for the project development. Mechanisms to maintain the BMPs shall be identified in the facilities. Conditions of Approval. BMPs shall be selected from the wide range of effective measures outlined in the CASA Handbook (California Stormwater Best Management Practices Handbook, 2003), the Bay Area Stormwater Management Agencies Association Start at the Source - Design Guidance Manual, or similar documents that shall be identified prior to final design approval. BMPs shall also identify mechanisms for routine maintenance and repair of BMPs. These BMPs will be designed to comply with the DAMP and NPDES permit requirements for structural and nonstructural controls. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, HWQ -3 Manager shall be responsible for ensuring compliance with the following: Individual provide OCWD with verification shall be OCWD Executive projects shall be designed to maintain pre - project stormwater runoff volume and flow written verification that provided to OCWD Director of for the 10- and 100 -year flood events to prevent downstream and off -site flooding. MM HWQ -3 has been by YLWD upon Planning and implemented in the I completion of MM I Natural Resources. manner stated. HWQ -3, and prior to approval of the final design for the project facilities. NOISE Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project NOI -1 Manager shall be responsible for ensuring compliance with the following: In the event that one of the proposed YLWD production wells is planned for the southwest corner of Van Buren Street and Miraloma Avenue, the YLWD shall require their construction drilling contractor to install a temporary noise attenuation barrier that impedes that line -of -sight between the noise source of the drill rig and the residential use at the northeast corner of Van Buren Street and Sierra Vista Avenue. The temporary noise attenuation barrier shall consist of a material that provides a Sound Transmission Class (STC) rating of at least 21 (STC -21). All noise attenuation barriers shall be designed to preclude structural failure due to such factors as winds, shear, shallow soil failure, earthquakes, and erosion. NOI -2 Pursuant to the agreement between OCWD and YLWD, the YLWD project manager shall require all construction contractors to use construction equipment that have noise - reduction features (e.g., mufflers and engine shrouds) that are no less effective than those originally installed by the manufacturer. YLWD shall notify and provide OCWD with written verification that MM N0I -1 has been implemented in the manner stated. YLWD shall notify and provide OCWD with written verification that MM N0I -2 has been implemented in the manner stated. TRAFFIC Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and RANS -1 Manager shall be responsible for ensuring compliance with the following: The provide OCWD with following recommendations shall be considered and implemented as appropriate on a written verification that project -by- project basis: (a) prior to the start of construction, the contractor shall MM TRANS -1 has submit a Traffic Control Plan to the appropriate local jurisdiction for review and been implemented in approval. The plan shall be consistent with the Caltrans Traffic Manual, Chapter 5, the manner stated. and should include the following information: signage posted in areas designated as temporary traffic control zones, and speed limits to be observed within control zones; (b) where appropriate for work on public roadways, the YLWD will submit a set of proposed construction plans to agencies with jurisdiction over the roadways to allow them to comment on the proposed plans; (c) during construction of water pipelines or other facilities that would be sited in or near the roadways, YLWD shall implement traffic management measures as deemed necessary and applicable by a properly Notification and verification shall be provided to OCWD by YLWD upon completion of MM N01- 1, and prior to the commencement of construction of the proposed project well. Notification and verification shall be provided to OCWD by YLWD upon completion of MM N0I -2, and prior to the commencement of construction of the project facilities. Notification and verification shall be provided to OCWD by YLWD upon completion of MM TRANS -1, and prior to the commencement of the project facilities. Greg Woodside, OCWD Executive Director of Planning and Natural Resources. Greg Woodside, OCWD Executive Director of Planning and Natural Resources. Greg Woodside, OCWD Executive Director of Planning and Natural Resources. licensed engineer; (d) before initiating construction of water transmission pipelines and other facilities within or near roadways, YLWD shall provide notification of the schedule and duration of construction activities to all affected fire, police, and paramedic departments and services as well as any affected public transportation agencies; (e) YLWD shall seek to coordinate all traffic control plans in the local project area so that conflicts can be minimized by staggering construction schedules. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, TRANS-2 Manager shall be responsible for ensuring compliance with the following: Following provide OCWD with verification shall be OCWD Executive construction or during construction, as necessary to maintain safe driving conditions, written verification that provided to OCWD Director of any damage to existing roadways caused by construction vehicles and equipment will MM TRANS -2 has by YLWD upon Planning and be repaired as required in accordance with applicable city, county or Caltrans been implemented in completion of MM Natural Resources. standards. the manner stated. TRANS -2 following completion of project facilities construction. EXHIBIT D Annexation Charge Report To be completed and submitted to OCWD no later than December 15, 20_ with payment due no later than January 15, 20 The Annexation Charge Formula = A x B x C/D x E for Water Year 20_ -20_ A. THE BASIN PRODUCTION PERCENTAGE ESTABLISHED BY OCWD DURING THE APPLICABLE WATER YEAR. Basin Production Percentage A = % B. THE GREATER OF EITHER (1) APPLICABLE WATER YEAR TOTAL WATER DEMAND WITHIN THE SUBJECT TERRITORY OR (2) 10% OF THE ULTIMATE ANNUAL TOTAL WATER DEMAND WITHIN THE SUBJECT TERRITORY. "TOTAL WATER DEMAND" SHALL EXCLUDE WATER DEMAND SERVED THROUGH APPLICANT'S NONPOTABLE WATER DISTRIBUTION SYSTEM. 1. Applicable water year total water demand within the Subject Territory AF 2. Or 10% of the ultimate annual total water demand within the Subject Territory AF 3. The greater of line 1 or 2 B = AF C. THE ACTUAL AD VALOREM PROPERTY TAX REVENUES COLLECTED, PLUS ANNEXATION FEES PAID TO OCWD FOR LANDS WITHIN THE OCWD BOUNDARIES OTHER THAN THE SUBJECT TERRITORY, PLUS ANY PASS - THROUGH TAX INCREMENTS RECEIVED FROM REDEVELOPMENT AGENCIES WITHIN OCWD (OR THEIR SUCCESSOR AGENCIES), DURING THE APPLICABLE WATER YEAR. PROVIDED, HOWEVER, THAT IN NO EVENT SHALL "C" BE LESS THAN $19 MILLION FOR THE FIRST 56 YEARS OF THE ANNEXATION AGREEMENT. C =$ D. THE TOTAL QUANTITY OF GROUNDWATER PRODUCED WITHIN THE BOUNDARIES OF OCWD DURING THE APPLICABLE WATER YEAR. "GROUNDWATER PRODUCED" SHALL INCLUDE IN -LIEU WATER DELIVERIES. D = AF E. THE APPLICABLE PERCENTAGE, BASED UPON THE PERCENTAGE OF GROUNDWATER PRODUCED WITHIN THE TOTAL SERVICE AREA OF THE APPLICANT BASED ON TABLE 1. E = 100 % (assumed to be 100% for the life of this agreement). Calculation of Total Annexation Charge due to OCWD: (A)_% x (B) x $ (C/D) x 100% = $ DATE SIGNA' 12 ANNEXATION CHARGE TABLE 1 Percent Groundwater Used Within Service Applicable Area of Annexing Purvey Percentage 0% - 5.99% 10% 6.0% - 9.99% 16% 10.0% - 14.99% 25% 15.0% - 19.99% 30% 20.0% - 24.99% 40% 25.0% - 29.99% 48% 30.0% - 34.99% 55% 35.0% - 39.99% 64% 40.0% - 44.99% 72% 45.0% - 49.99% 80% 50.0% -100.00% 100% Percentage shall always be 100% 13 EXHIBIT E Annexation Charge Sample Calculation To be completed and submitted to OCWD no later than December 15, 2012 with payment due no later than January 15, 2013 The Annexation Charge Formula = A x B x C/D x E for Water Year 2011 -2012 A. THE BASIN PRODUCTION PERCENTAGE ESTABLISHED BY OCWD DURING THE APPLICABLE WATER YEAR. Basin Production Percentage A = 65 % B. THE GREATER OF EITHER (1) APPLICABLE WATER YEAR TOTAL WATER DEMAND WITHIN THE ANNEXED AREA OR (2) 10% OF THE ULTIMATE ANNUAL TOTAL WATER DEMAND WITHIN THE ANNEXED AREA. "TOTAL WATER DEMAND" SHALL EXCLUDE WATER DEMAND SERVED THROUGH APPLICANT'S NONPOTABLE WATER DISTRIBUTION SYSTEM. 1. Applicable water year total water demand within Annexed Area 6,518 AF 2. Or 10% of the ultimate annual total water demand within Annexed Area AF 3. The greater of line 1 or 2 B = 6,518 AF C. THE ACTUAL AD VALOREM PROPERTY TAX REVENUES COLLECTED, PLUS ANNEXATION FEES PAID TO OCWD FOR LANDS WITHIN THE OCWD BOUNDARIES OTHER THAN THE SUBJECT TERRITORY, PLUS ANY PASS - THROUGH TAX INCREMENTS RECEIVED FROM REDEVELOPMENT AGENCIES WITHIN OCWD (OR THEIR SUCCESSOR AGENCIES), DURING THE APPLICABLE WATER YEAR. PROVIDED, HOWEVER, THAT IN NO EVENT SHALL "C" BE LESS THAN $19 MILLION FOR THE FIRST 56 YEARS OF THE ANNEXATION AGREEMENT. C = $ 20,335,633 D. THE TOTAL QUANTITY OF GROUNDWATER PRODUCED WITHIN THE BOUNDARIES OF OCWD DURING THE APPLICABLE WATER YEAR. "GROUNDWATER PRODUCED" SHALL INCLUDE IN -LIEU WATER DELIVERIES. D = 298,317 AF E. THE APPLICABLE PERCENTAGE, BASED UPON THE PERCENTAGE OF GROUNDWATER PRODUCED WITHIN THE TOTAL SERVICE AREA OF THE APPLICANT BASED ON TABLE 1. E = 100 % (assumed to be 100% for the life of this agreement). Calculation of Total Annexation Charge due to OCWD: 65% x 6,518 x ($20,335,633/298,317) x 100% _ $288,807 DATE SIGNATURE 14 EXHIBIT E (PAGE 2) Annexation Charge Report ANNEXATION CHARGE TABLE 1 Percent Groundwater Used Within Service Applicable Area of Annexing Pg urvey Percentage 0% - 5.99% 10% 6.0% - 9.99% 16% 10.0% - 14.99% 25% 15.0% - 19.99% 30% 20.0% - 24.99% 40% 25.0% - 29.99% 48% 30.0% - 34.99% 55% 35.0% - 39.99% 64% 40.0% - 44.99% 72% 45.0% - 49.99% 80% 50.0% -100.00% 100% Percentage shall always be 100% 15 EXHIBIT F Methodology for Calculating Total Water Demands within YLWD's Annexing Area The "New Area" is the area in YLWD's service area that will be annexed to OCWD in accordance with the Annexation Agreement. Using YLWD's Geographic Information System (GIS), YLWD staff is able to extract the number of water meters within the New Area, of which there are currently 4,845. All YLWD meters are read and logged on a monthly basis. YLWD is able to determine the annual consumption through the 4,845 meters to calculate the total annual water demand in the New Area. For the period July 1, 2012 through June 30, 2013, the total water demand for the New Area was 5,390 AF. It is estimated that the New Area is 93% developed. As the remaining area develops, the development data will be added to the GIS database, including all new water meters. That will result in a new total of water meters for the New Area, which will be combined with meter consumption data, to provide an updated total water demand for each successive Water Year. 16 EXHIBIT C MITIGATION MONITORING AND REPORTING PROGRAM [ATTACHED BEHIND THIS PAGE] Resolution No. 13 -14 Annexation to OCWD ORANGE COUNTY WATER DISTRICT ANNEXATION REQUEST BY THE CITY OF ANAHEIM, IRVINE RANCH WATER DISTRICT, AND YORBA LINDA WATER DISTRICT SECTION 6 MITIGATION MONITORING AND REPORTING PROGRAM State Clearinghouse #2011071095 PURPOSE This section lists all mitigation measures contained in Final Program/Project EIR (FEIR) for the proposed Orange County Water District (OCWD) Annexation Requests by the City of Anaheim, Irvine Ranch Water District (IRWD) and Yorba Linda Water District (YLWD). The mitigation measures are provided in the format of a Comprehensive Mitigation Monitoring and Reporting Program. This Program complies with State Public Resources Code §21086.6 which requires public agencies approving a project under CEQA to establish a program for monitoring and reporting on the adopted mitigation plan. ADOPTION OF MITIGATION MEASURES As part of deliberations concerning the proposed project, the OCWD Board of Directors will be required to consider adoption of the mitigation measures listed herein. If the OCWD Board of Directors approves the Annexation Requests by the City of Anaheim, Irvine Ranch Water District (IRWD) and Yorba Linda Water District (YLWD), the Board will be required to specify whether these mitigation measures are to be formally incorporated as conditions of project approval. MONITORING AND REPORTING PROCEDURES The OCWD Board of Directors will be responsible for ensuring that all adopted mitigation measures are implemented in the manner outlined in this Program. OCWD staff will be responsible for ensuring that mitigation measures are satisfactorily monitored, and for reporting to the OCWD Board of Directors regarding progress in fulfilling the mitigation obligations. The Board of Directors will in turn be responsible for considering the reports submitted by staff, and determining whether the measures are being implemented and enforced as intended in this Mitigation Monitoring and Reporting Program. It will be the responsibility of the Board of Directors to amend these mitigation measures if necessary to achieve the environmental protections herein. REGULATORY AND CODE COMPLIANCE STANDARDS The project will be subject to a number of uniform code requirements and standard conditions of approval. Many of these requirements have been established to safeguard environmental resources, and/or to promulgate environmental goals and objectives. If the proposed annexations are approved, compliance with applicable uniform regulations will be mandatory (not discretionary). Such regulations do not conform to the strict definition of mitigation. Although regulatory standards and codes are not necessarily incorporated into this mitigation program, it is understood that full compliance with all relevant regulatory and code compliance standards shall be required throughout all stages of project implementation. COMPILATION OF MITIGATION MEASURES The following mitigation measures are proposed to eliminate, avoid, or reduce to a level of insignificance the potential environmental effects of the proposed OCWD Annexation Requests by the City of Anaheim, IRWD and YLWD that have been found to be potentially substantial and adverse. ORANGE COUNTY WATER DISTRICT ANNEXATION REQUEST PROJECT MITIGATION IMPLEMENTATION AND MONITORING PROGRAM AND FORM State Clearinghouse #2011071095 Project Approval Date: Project File Number: The following mitigation measures have been adopted by the OCWD Board of Directors. As such, these measures represent formal conditions of approval that shall govern implementation of the annexation request project. The Orange County Water District staff shall be responsible for monitoring and reporting progress on these measures until all measures are fulfilled in accordance with their original purpose and intent, as determined by the OCWD Board of Directors. This monitoring form shall be available for public review and inspection, and final project clearance shall require that all verifications included in this form have been satisfactorily completed. METHOD OF TIMING OF RESPONSIBLE COMPLETION NO. MITIGATION MEASURE VERIFICATION VERIFICATION PERSON DATEANITIALS AESTHETICS Pursuant to the agreement between the OCWD and the YLWD, the YLWD YLWD shall notify and Notification and Greg Woodside, AES -1 Project Manager shall be responsible for ensuring compliance with the following: provide OCWD with verification shall OCWD Executive Consistent with policies and programs of the local agency in which the facilities written verification that be provided to Director of are located, YLWD shall design future annexation- related facilities to protect MM AES -1 has been OCWD by YLWD Planning and scenic values and to avoid visual intrusions. implemented in the upon completion of Natural Resources. manner stated. MM AES -1, and prior to the start of construction of the annexation - related facilities. AIR QUALITY Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, AIR -1 Manager shall be responsible for ensuring that at least one of the following options provide OCWD with verification shall OCWD Executive is adhered to during construction of project - related well and pipeline elements: written verification that be provided to Director of Option 1: Prepare an air quality emissions analysis for construction activity with MM AIR -1 has been OCWD by YLWD Planning and project - specific information prior to start of construction for well and /or pipeline implemented in the upon completion of Natural Resources. construction. Emissions analysis shall detail the off -road equipment list, any manner stated. MM AIR -1, and emission control devices added onto off -road equipment, and engine tiers (if prior to the start of known) as well as soils hauling and vendor trip numbers and trip lengths. The well or pipeline analysis shall demonstrate that well and pipeline installation construction shall not construction . exceed the SCAQMD's mass emissions thresholds of significance. The YLWD project manager shall; ensure that construction managers adhere to the equipment and trip data specified in the emissions analysis. Option 2: If specific facility construction would generate the same or less horsepower hours per day as utilized in the analysis, and would not generate more on -road trips than analyzed, then: (a) well and pipeline construction shall not occur on the same day; (b) Tier 3 engines shall be used for all off -road pipeline construction equipment greater than 100 horsepower. BIOLOGY Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project BIO -1 Manager shall be responsible for ensuring compliance with the following: Once the construction locations are finalized, if any of the proposed well or pipeline facilities occur in the immediate vicinity of the 4 OCWD recharge basins and/or the adjacent native riparian restoration site, the presence of any riparian associated special status species must be determined prior to project construction. A presence /absence survey must be conducted by a qualified and/or permitted biologist to determine the current occupancy of the adjacent native riparian restoration site. Presence /absence surveys must be conducted according to accepted protocol for the appropriate species. A permitted biologist will be required to survey for federal and state listed species, If the existing native riparian habitat restoration site is determined to be occupied by any riparian habitat - associated special status species and facilities are proposed adjacent to this habitat, additional avoidance and minimization measures will be require such as those described in MM BIO -2 below. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project BIO -2 Manager shall be responsible for ensuring compliance with the following: If it is determined that a special- status species is currently occupying any portion of the OCWD Basins or adjacent native riparian restoration site, a biological monitor must be onsite to assess the potential for the project to indirectly impact the special- status species. If the monitor determines there is a potential for indirect impacts, additional avoidance measures will be required, such as construction activities may not encroach within the occupied territory at a minimum of 350' for passerines and 500' for raptors. Additionally, depending on the construction proximity and sensitivity of the special- status species, a noise monitor may be required to ensure that indirect noise impacts do not result in the harassment and potential take of the species. An average of 60dB per hour at a known nest location for certain special- status species, such as least Bell's vireo, may result in potential nest failure and subsequent `take of the active nest. Construction- related noise must be below 60dB per hour during the nesting season to ensure indirect `take' of the special- status species does not occur. YLWD shall notify and provide OCWD with written verification that MM BI0-1 has been implemented in the manner stated. YLWD shall notify and provide OCWD with written verification that MM BI0-2 has been implemented in the manner stated. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and BIO -3 Manager shall be responsible for ensuring compliance with the following: Project provide OCWD with activities in the YLWD proposed facility area may occur within or immediately written verification that Notification and verification shall be provided to OCWD by YLWD upon completion of MM BI0-1, and prior to commencement of construction of the proposed wells or pipelines. Notification and verification shall be provided to OCWD by YLWD upon completion of MM BI0-2, and prior to commencement of construction of the proposed wells or pipelines. Notification and verification shall be provided to Greg Woodside, OCWD Executive Director of Planning and Natural Resources. Greg Woodside, OCWD Executive Director of Planning and Natural Resources. Greg Woodside, OCWD Executive Director of adjacent to suitable nesting habitat for a number of common and sensitive native, MM BI0-3 has been OCWD by YLWD Planning and resident and migratory bird species protected under the SDFG Code 3500 and the implemented in the upon completion of Natural Resources. Migratory Bird Treaty Act. If a proposed production well or facility site will be manner stated. MM BI0-3, and constructed within or immediately adjacent to suitable nesting habitat (i.e., trees, prior to shrubs, lattice towers and/or utility poles), construction activities should avoid the commencement of general nesting season of February through August. If construction cannot avoid construction of the the nesting season, a preconstruction clearance survey must be conducted to determine if any nesting birds or nesting activity is observed on or within 500' of proposed wells or the project site. If an active nest is observed during the survey, a biological pipelines. monitor must be on site to ensure that no project activities impact the active nest. The biological monitor will establish a suitable buffer around the active nest until the nestlings have fledged, and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, BI0-4 Manager shall be responsible for ensuring compliance with the following: Once provide OCWD with verification shall OCWD Executive the locations of proposed production wells are finalized, the potential to impact a written verification that be provided to Director of street tree located within a public right -of -way must be determined by a certified MM BI0-4 has been OCWD by YLWD Planning and arborist prior to project construction. The exact location of a production well, in implemented in the upon completion of Natural Resources. relation to an existing street tree, will be analyzed to determine if any pruning, manner stated. MM BI0-4, and trimming or removal is warranted in order to facilitate construction of the proposed production well. If the proposed construction will result in any impact to an prior to existing street tree, additional mitigation will be required. commencement of construction of the proposed wells or pipelines. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, BI0-5 Manager shall be responsible for ensuring compliance with the following: If it is provide OCWD with verification shall OCWD Executive determined that construction of any of the three proposed production wells will written verification that be provided to Director of result in the trimming, pruning or removal of any street tree protected by Chapter MM BI0-5 has been OCWD by YLWD Planning and 13.12 of the City of Anaheim Municipal Code, written authorization must be implemented in the upon completion of Natural Resources. obtained by the director of Community Services Department prior to impacting the manner stated. MM BIO -5, and street tree. Any trimming, cutting or pruning must be conducted in accordance with the standards adopted by the International Society of Arboriculture. All tree- prior to impacting activity must adhere to the provisions and standards outlined in Chapter commencement of 13.12 of the City of Anaheim Municipal Code. construction of the proposed wells or pipelines.. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, BIO -6 Manager shall be responsible for ensuring compliance with the following: Project provide OCWD with verification shall OCWD Executive impacts to street trees should avoid the general nesting season of February through written verification that be provided to Director of August to reduce any potential impact to potentially nesting avian species. MM BI0-6 has been OCWD by YLWD Planning and Additional avoidance and minimization measures to reduce potentially suitable implemented in the upon completion of Natural Resources. nesting habitat are detailed in MM BIO -3 above. manner stated. MM BI0-6, and GEO -1 GEO -2 GEO -3 GEOLOGY AND SOILS Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project Manager shall be responsible for ensuring compliance with the following: (a) To reduce the hazards of seismic damage, project sites shall not be located in known active fault zones, if possible. A licensed geotechnical engineer shall conduct a geotechnical engineering investigation for all applicable facilities, The geotechnical engineer shall prepare a report that summarizes results of a field investigation, including site inspection and soil testing, potential geologic hazards (fault rupture and severe secondary effects), along with design criteria and construction methods to effectively construct the proposed facilities with an acceptable level of risk with respect to earthquake, liquefaction, foundations, landscaping, dewatering, ground- water, retaining walls (if applicable), pavement sections, and utilities. The report shall address all geologic and geotechnical factors related to the design and construction of the proposed project. The geotechnical engineering investigation shall delineate areas of active and potentially active faults. To the extent possible, it shall identify fault traces and locate them in the field so faults can be avoided; (b) Appropriate seismic design provisions shall be implemented with project design and construction in accordance with governing building codes. Unless superseded by other regulatory provisions or standards, seismic design criteria shall be developed ion the basis of the requirements of the current CBC. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project Manager shall be responsible for ensuring compliance with the following: All practicable precautions shall be taken to design and construct project facilities to withstand the projected ground shaking associated with the characteristic earthquakes in the area. This includes secondary hazards induced by earthquakes (liquefaction, lurching, lateral spreading, rapid differential settlement, induced landslides and rock - fall avalanches). Project structures shall be designed using project- specific criteria in accordance with the latest revision of the National Electrical Safety Code and the CBC. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project Manager shall be responsible for ensuring compliance with the following: Prior to commencement of grading or dredging permit, appropriate Best Management Practices (BMPs) shall be incorporated into project planning to reduce construction pollutants in runoff, consistent with goals and standards established under federal and state nonpoint source discharge NPDES regulations and Basin Plan water quality YLWD shall notify and provide OCWD with written verification that MM GEO -1 has been implemented in the manner stated. YLWD shall notify and provide OCWD with written verification that MM GEO -2 has been implemented in the manner stated. YLWD shall notify and provide OCWD with written verification that MM GEO -3 has been implemented in the manner stated. prior to commencement of construction of the proposed wells or Notification and verification shall be provided to OCWD by YLWD upon completion of MM GEO -1, and prior to approval of the final design for the proposed wells and pipelines. Notification and verification shall be provided to OCWD by YLWD upon completion of MM GEO -2, and prior to the approval of the final design for the proposed well and Notification and verification shall be provided to OCWD by YLWD upon completion of MM GEO -3, and prior to Greg Woodside, OCWD Executive Director of Planning and Natural Resources. Greg Woodside, OCWD Executive Director of Planning and Natural Resources. Greg Woodside, OCWD Executive Director of Planning and Natural Resources. objectives. To maximize effectiveness, the selected BMPs shall be based on finalized the commencement of site - specific hydrologic conditions with consideration for the types and locations of grading or construction and development. Mechanisms to maintain the BMPs shall be identified construction for the in the Conditions of Approval. Construction BMPs could include, but are not limited project facilities. to the following: diversion of offsite runoff away from the construction area; prompt revegetation of proposed landscaped areas; perimeter straw wattles or silt fences and/or temporary basins to trip sediment before it leaves the site; regular sprinkling of exposed soils to control dust during construction during the dry season; installation of a minor retention basin to alleviate discharge of increased flows; specifications for construction waste handling and disposal; erosion control measures maintained throughout the construction period preparation of stabilized construction entrances to avoid trucks from imprinting debris on public roadways; contained wash -out and vehicle maintenance areas; training of subcontractors on general construction area housekeeping; construction scheduling to minimize soil disturbance during the wet weather season; regular maintenance and storm event monitoring. HAZARDS and HAZARDOUS MATERIALS Pursuant to the agreement between the OCWD and the YLWD, the YLWD YLWD shall notify and Notification and Greg Woodside, HAZ -1 Project Manager shall be responsible for ensuring compliance with the provide OCWD with verification shall be OCWD Executive following: Prior to construction of any proposed facilities that are located at written verification that provided to OCWD Director of one or both of the existing plugged wells, a written verification shall be MM HAZ -1 has been by YLWD upon Planning and obtain from the Department of Oil, Gas and Geothermal Resources that the implemented in the completion of MM Natural Resources. plugged well within the grading envelop was properly abandoned pursuant to manner stated. HAZ -1, and prior to their regulations. commencement of construction of the proposed wells or pipelines. Pursuant to the agreement between the OCWD and the YLWD, the YLWD YLWD shall notify and Notification and Greg Woodside, HAZ -2 Project Manager shall be responsible for ensuring compliance with the provide OCWD with verification shall be OCWD Executive following: Prior to construction, YLWD shall prepare a Traffic Control Plan written verification that provided to OCWD Director of for approval by the City of Anaheim. The plan shall include management MM HAZ -2 has been by YLWD upon Planning and practices to maintain access to businesses, residences, schools, park implemented in the completion of MM Natural Resources. facilities, and other buildings when parking lots and street lanes are closed manner stated. HAZ -2, and prior to during construction. commencement of construction of the proposed wells or i elines.. HYDROLOGY AND WATER QUALITY Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, HWQ -1 Manager shall be responsible for ensuring compliance with the following: Project provide OCWD with verification shall be OCWD Executive conditions of approval shall specify that, prior to issuance of a grading or dredging written verification that provided to OCWD Director of permit, appropriate Best Management Practices (BMPs) be incorporated into project MM HWQ -1 has been by YLWD upon Planning and planning to reduce construction pollutants in runoff, consistent with goals and implemented in the completion of MM Natural Resources. standards established under federal and state nonpoint source discharge NPDES manner stated. HWQ -1, and prior to regulations and Basin Plan water quality objectives. To maximize effectiveness, the the issuance of a selected BMPs shall be based on finalized site - specific hydrologic conditions, with grading or dredging consideration for the types and locations of construction and development. Mechanisms to maintain the BMPs shall be identified in the Conditions of Approval. permit for Construction BMPs could include, but are not limited to diversion of offsite run -off construction of the away from the construction area; prompt revegetation of proposed landscaped areas; project facilities. perimeter straw wattles or silt fences and /or temporary Basins to trap sediment before it leaves the site; Regular sprinkling of exposed soils to control dust during construction during the dry season; installation of a minor retention Basin(s) to alleviate discharge of increased flows; specifications for construction waste handling and disposal; erosion control measures maintained throughout the construction period; preparation of stabilized construction entrances to avoid trucks from imprinting debris on roadways; contained wash out and vehicle maintenance areas; training of subcontractors on general construction area housekeeping; schedule construction to minimize soil disturbance during the wet weather season; and regular maintenance and storm event monitoring Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, HWQ -2 Manager shall be responsible for ensuring compliance with the following: Project provide OCWD with verification shall be OCWD Executive Conditions of Approval shall specify that appropriate post - construction Best written verification that provided to OCWD Director of Management Practices (BMPs) be incorporated into project design to reduce urban MM HWQ -2 has been by YLWD upon Planning and pollutants in runoff, consistent with goals and standards established under federal and implemented in the completion of MM Natural Resources. state nonpoint source discharge NPDES regulations and Basin Plan water quality manner stated. HWQ -2, and prior to objectives. To maximize effectiveness, the selected BMPs shall be based on finalized approval of the final site - specific hydrologic conditions, with consideration for the types and locations of design for the project development. Mechanisms to maintain the BMPs shall be identified in the facilities. Conditions of Approval. BMPs shall be selected from the wide range of effective measures outlined in the CASA Handbook (California Stormwater Best Management Practices Handbook, 2003), the Bay Area Stormwater Management Agencies Association Start at the Source - Design Guidance Manual, or similar documents that shall be identified prior to final design approval. BMPs shall also identify mechanisms for routine maintenance and repair of BMPs. These BMPs will be designed to comply with the DAMP and NPDES permit requirements for structural and nonstructural controls. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, HWQ -3 Manager shall be responsible for ensuring compliance with the following: Individual provide OCWD with verification shall be OCWD Executive projects shall be designed to maintain pre - project stormwater runoff volume and flow written verification that provided to OCWD Director of for the 10- and 100 -year flood events to prevent downstream and off -site flooding. MM HWQ -3 has been by YLWD upon Planning and implemented in the I completion of MM I Natural Resources. manner stated. HWQ -3, and prior to approval of the final design for the project facilities. NOISE Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project NOI -1 Manager shall be responsible for ensuring compliance with the following: In the event that one of the proposed YLWD production wells is planned for the southwest corner of Van Buren Street and Miraloma Avenue, the YLWD shall require their construction drilling contractor to install a temporary noise attenuation barrier that impedes that line -of -sight between the noise source of the drill rig and the residential use at the northeast corner of Van Buren Street and Sierra Vista Avenue. The temporary noise attenuation barrier shall consist of a material that provides a Sound Transmission Class (STC) rating of at least 21 (STC -21). All noise attenuation barriers shall be designed to preclude structural failure due to such factors as winds, shear, shallow soil failure, earthquakes, and erosion. NOI -2 Pursuant to the agreement between OCWD and YLWD, the YLWD project manager shall require all construction contractors to use construction equipment that have noise - reduction features (e.g., mufflers and engine shrouds) that are no less effective than those originally installed by the manufacturer. YLWD shall notify and provide OCWD with written verification that MM N0I -1 has been implemented in the manner stated. YLWD shall notify and provide OCWD with written verification that MM N0I -2 has been implemented in the manner stated. TRAFFIC Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and RANS -1 Manager shall be responsible for ensuring compliance with the following: The provide OCWD with following recommendations shall be considered and implemented as appropriate on a written verification that project -by- project basis: (a) prior to the start of construction, the contractor shall MM TRANS -1 has submit a Traffic Control Plan to the appropriate local jurisdiction for review and been implemented in approval. The plan shall be consistent with the Caltrans Traffic Manual, Chapter 5, the manner stated. and should include the following information: signage posted in areas designated as temporary traffic control zones, and speed limits to be observed within control zones; (b) where appropriate for work on public roadways, the YLWD will submit a set of proposed construction plans to agencies with jurisdiction over the roadways to allow them to comment on the proposed plans; (c) during construction of water pipelines or other facilities that would be sited in or near the roadways, YLWD shall implement traffic management measures as deemed necessary and applicable by a properly Notification and verification shall be provided to OCWD by YLWD upon completion of MM N01- 1, and prior to the commencement of construction of the proposed project well. Notification and verification shall be provided to OCWD by YLWD upon completion of MM N0I -2, and prior to the commencement of construction of the project facilities. Notification and verification shall be provided to OCWD by YLWD upon completion of MM TRANS -1, and prior to the commencement of the project facilities. Greg Woodside, OCWD Executive Director of Planning and Natural Resources. Greg Woodside, OCWD Executive Director of Planning and Natural Resources. Greg Woodside, OCWD Executive Director of Planning and Natural Resources. licensed engineer; (d) before initiating construction of water transmission pipelines and other facilities within or near roadways, YLWD shall provide notification of the schedule and duration of construction activities to all affected fire, police, and paramedic departments and services as well as any affected public transportation agencies; (e) YLWD shall seek to coordinate all traffic control plans in the local project area so that conflicts can be minimized by staggering construction schedules. Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and Notification and Greg Woodside, TRANS-2 Manager shall be responsible for ensuring compliance with the following: Following provide OCWD with verification shall be OCWD Executive construction or during construction, as necessary to maintain safe driving conditions, written verification that provided to OCWD Director of any damage to existing roadways caused by construction vehicles and equipment will MM TRANS -2 has by YLWD upon Planning and be repaired as required in accordance with applicable city, county or Caltrans been implemented in completion of MM Natural Resources. standards. the manner stated. TRANS -2 following completion of project facilities construction. Calculation of Annual Annexation Annex Total Water Charge = BPP% x Demand in Annex Area (AF) Charge x Total A.V. Tax $ x 100 Total GW (AF) Calculation of Annual Annexation Charge Annex Charge = 65% x 6518 AF x $20,335,633 x 298,317 AF 100% = $288,807 ITEM NO. 8.2 AGENDA REPORT Meeting Date: October 10, 2013 Budgeted: Yes Total Budget: $1.12 M To: Board of Directors Cost Estimate: $1.5 M Funding Source: Water Capital Reserves From: Steve Conklin, Acting General Account No: 101 -2700 Manager Job No: 2011 -20 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: No Prepared By: Joe Polimino, Project Engineer CEQA Compliance: Exempt Subject: Approval of Change Order No. 3 for the 2012 Waterline Replacement Phase II Project SUMMARY: 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 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. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee will discuss this matter at its meeting scheduled October 7, 2013 and will provide its recommendation at the Board meeting. 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: Name: TBU Chanae Order No 3.pdf Approved by the Board of Directors of the Yorba Linda Water District 10/10/2013 RK /RC 4 -0 -1 PH was absent. Description: Type: 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: $1,441,567.61 DAYS: 370 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and matefials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner. DESCRIPTION OF CHANGES +INCREASE CONTRACT / OR TIME +EXTENSION — DECREASE IN /OR- CONTRACT REDUCTION AMOUNT ($) (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 tdecreased> 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: �v /ENGINEER OR DATE: � CONSULTANT on Yqji5efyarna Project Manager, RBF ConsL r g ACCEPTED: /CONTRACTOR DATE: Gl, [cl r _LL Ted Burton Presi nt, TBU Construction Inc. APPROVED: DATE: /OWNER Steve Conklin Acting General Manager, YLWD ITEM NO. 8.3 AGENDA REPORT Meeting Date: October 10, 2013 Budgeted: Yes Total Budget: $1,000,000 To: Board of Directors Cost Estimate: $863,345 Funding Source: Water Capital Reserves From: Steve Conklin, Acting General Account No: 2009 -22 Manager Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Derek Nguyen, Water Quality CEQA Compliance: Exempt Engineer Subject: Award of Construction Contract for the Drilling of Well No. 21 SUMMARY: 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 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. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee will consider this item at its meeting being held October 7, 2013 and will provide its recommendation at the Board meeting. 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. Approved by the Board of Directors of the Yorba Linda Water District 10/10/2013 RK /RC 4 -0 -1 PH was absent. AGENDA REPORT Meeting Date: October 10, 2013 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Prepared By: Derek Nguyen, Water Quality Engineer Budgeted: Total Budget: Cost Estimate: Funding Source Job No: Dept: Reviewed by Legal: CEQA Compliance: Subject: Award of Wellhead Equipping Design for Well No. 21 SUMMARY: ITEM NO. 8.4 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 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. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee will consider this item at its meeting being held October 7, 2013 and will provide its recommendation at the Board meeting. 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 Score Ranking Proposed Fee Stantec 13.37 1 $ 147,258 Webb Associates 13.06 2 $ 151,000 RBF 12.81 3 $ 203,610 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. Approved by the Board of Directors of the Yorba Linda Water District 10/10/2013 RK /RC 4 -0 -1 PH was absent. ITEM NO. 8.5 AGENDA REPORT Meeting Date: October 10, 2013 Budgeted: Yes Total Budget: $120,000 To: Board of Directors Cost Estimate: $10,620 Funding Source: All Water Funds From: Steve Conklin, Acting General Manager Job No: J2009 -22 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Derek Nguyen, Water Quality CEQA Compliance: Exempt Engineer Subject: Amendment No. 1 to Professional Services Agreement with CDM Smith for Hydrogeologic Services for Well No. 21 SUMMARY: 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 near OCWD's recharge facilities, OCWD recently added the 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 requirement necessitated additional time and labor be perform by CDM Smith. Submitted for 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 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 COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee will consider this item at its meeting being held October 7, 2013 and will provide its recommendation at the Board meeting. DISCUSSION: Work is proceeding for the drilling of Well No. 21. As part of the process, the District's consultant, CDM Smith has been in contact 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 recently 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 for CDM Smith to ensure that unauthorized discharges of drilling fluids will not be made during the well development stage. Submitted for review, is the letter proposal from CDM Smith in the amount of $10,620 for the 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: Namc CDM Smith Amendment No.1 09192013.pdf Approved by the Board of Directors of the Yorba Linda Water District 10/10/2013 RK /RC 4 -0 -1 PH was absent. Description: CDM Smith Amendment No.1 Type: 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, 1 ' Suzanne Rowe Lanaya Voelz Project Manager Principal CDM Smith Inc. CDM Smith Inc. WATER+ ENVIRONMENT +TRANSPORTATION + ENERGY +FACILITIES AGENDA REPORT Meeting Date: October 10, 2013 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: John DeCriscio, Operations Manager Prepared By: Harold Hulbert, Operations Assistant Budgeted: Total Budget: Funding Source: Account No: Dept: Reviewed by Legal: CEQA Compliance: Subject: Landscape Contract Approval Change SUMMARY: ITEM NO. 8.6 Yes $40,000 All Water Funds 1- 5060 - 0600 -40 Operations Yes N/A On August 22, 2013 the Board of Directors approved the Landscape Maintenance Contract with Marina Landscape, Inc. for the not -to- exceed amount of $37,050.00. While preparing the final contract documents an error was found in the total cost that both District staff and the vendor missed during the review. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to enter into a Landscape Service Contract with Marina Landscape, Inc. The initial term of the contract will be 9 month with service starting on October 1, 2013 and ending on June 30, 2014, with a total contract cost not to exceed $62,320.32. Additionally, that the Board of Directors authorize the General Manager to execute the annual renewal options as provided, if staff remains satisfied with the level of service being provided by Marina Landscape, Inc. DISCUSSION: As stated above, during review and preparation of the contract documents a error was found when totaling all of the cost items for each site. It was determined that 4 sites were not added in the total cost which will increase the "not to exceed" cost of the contract by $25,270.32. Both staff and the vendor missed this when reviewing the documents prior to submitting the Agenda Report for the contract approval. Thereafter, staff further reviewed the proposal submitted by the other vendor, Park West, and found their cost was correct. The corrected "not to exceed" contract amounts for the first year for the two vendors are: 1. Marina Landscape: $62,320.32 2. Park West: $92,556.00 With these changes the initial contract term is 9 months, with three additional one year renewal options. Based upon the above pricing the total estimated cost with all renewal options would be: 1. Marina Landscape: $249,281.28 2. Park West: $370,224.00+ As stated Marina Landscape has been providing landscape services for the District since 2009. Staff has developed a good working relationship with Marina during this time and is happy with the service that has been provided to date. As such, staff recommends award of the service contract to Marina Landscape, Inc. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approved the original Landscape Contract on August 22, 2013. Approved by the Board of Directors of the Yorba Linda Water District 10/10/2013 RK/RC 4 -0 -1 PH was absent. Meeting Date Subject: M ATTACHMENTS: ITEM NO. 10.1 AGENDA REPORT October 10, 2013 Executive - Administrative - Organizational Committee (Melton /Kiley) Minutes of meeting held September 17, 2013 at 4:00 p.m. • Meeting scheduled October 15, 2013 at 4:00 p.m. Name: 091713 EAO - Minutes.docx Description: EAO Mtg Minutes 09/17/13 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT EXECUTIVE - ADMINISTRATIVE - ORGANIZATIONAL COMMITTEE MEETING Tuesday, September 17, 2013, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. 3. 4. The September 17, 2013 meeting of the Yorba Linda Water District's Executive - Administrative- Organizational Committee was called to order by Director Melton at 4:00 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. ROI I CAI I COMMITTEE STAFF Director Gary T. Melton, Chair Steve Conklin, Acting General Manager Director Robert R. Kiley Damon Micalizzi, Public Info Officer OTHER ATTENDEES Eddy Beltran, Partner, Kidman Law LLP Heather Stratman, Senior Director, Townsend Public Affairs (via teleconference) PUBLIC COMMENTS None. DISCUSSION ITEMS 4.1. Status of Legislative Affairs (Verbal Report) Mrs. Stratman and the Committee discussed local and state issues of interest to the District. Mrs. Stratman ended her teleconference with the Committee at the completion of Item 4.1. 4.2. Seat on Orange County Sanitation District Board of Directors (Verbal Report) The Committee recalled the recent discussions with Councilman Anderson concerning the process to transfer the representation on the OCSD Board from the City of Yorba Linda to YLWD when Mr. Anderson completes his leadership tenure at OCSD. 1 4.3. Status of OCWD Annexation Project (Verbal Report) Mr. Conklin reported on the latest discussions with OCWD staff and the other two annexation applicants, noting that the process is on schedule for consideration for approval by the OCWD Board on October 2, 2013. 4.4. Status of Sage and Esperanza Hills Development Projects (Verbal Report) Mr. Conklin reported that no new information has come to light on these projects and that the meeting proposed by LAFCO is still pending, with no date scheduled. 4.5. Status of Plumosa Property Sale (Verbal Report) Mr. Conklin reported that staff is in the process of completing a PSA with the Houston Company for a MAI Appraisal for the property. It will be a 2- part appraisal with a fee for services of $4500. 4.6. Status of Fire Retardant Evaluation (Verbal Report) Mr. Conklin reported that he reviewed the draft staff report and that staff is responding to questions he raised. He also noted that following the redraft, the staff report will be reviewed by our legal counsel before bringing it to EAO Committee. 4.7. Status of Operations and Efficiency Study (Verbal Report) There was no new information to report on this item. 4.8. Status of YLWD /City of YL Joint Agency Committee Meeting — October 16, 2013 at 7:00 p.m. Mr. Conklin and Mr. Micalizzi reported on the September 16 meeting with staff of the City of Yorba Linda, OC Fire Authority and OC Sheriff Department on the planning for the October 16 Town Hall meeting. The discussion included the planned room layout for the Community Center presentation, the goals for the meeting, and the subject matter for the presentations by OCFA, YLWD, and OCSD, in that order. It was also noted that Mr. Mark Pulone, YL City Manager, will be the meeting facilitator, with the intent of keeping this one -item agenda on point. 4.9. Status of YLWD /City of Placentia Joint Agency Committee Meeting — Date and time to be determined. Mr. Conklin reported that the tentative date for the next meeting is Monday, October 14 at 9:30 am at Placentia City Hall. 4.10. Status of Strategic Plan Initiatives Mr. Conklin reviewed the status of the initiatives with the Committee. 4.11. Future Agenda Items and Staff Tasks None. 04 The Committee adjourned to Closed Session at 5:10 pm. Directors Melton and Kiley were present. Also present were Messrs. Conklin and Beltran. 5. CLOSED SESSION 5.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court — Case No. 00486884) 5.2. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: City of Anaheim vs. Ana J. Matosantos, et al. (Superior Court of CA, Sacramento — Case No. 34- 2013 - 800001529) 5.3. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to line break at 1301 North Rose Drive, Placentia CA 92870. Number of Potential Cases: One 5.4. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to written communications from potential plaintiffs threatening litigation. Number of Potential Cases: One The Committee reconvened in Open Session at 5:22 pm. Director Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 6. ADJOURNMENT 6.1. The meeting was adjourned at 5:23 pm. The next Executive - Administrative- Organizational Committee meeting is scheduled to be held Tuesday, October 15, 2013 at 4:00 p.m. 3 Meeting Date Subject: M ATTACHMENTS: ITEM NO. 10.5 AGENDA REPORT October 10, 2013 Public Affairs - Communications - Technology Committee (Beverage /Collett) Minutes of meeting held September 25, 2013 at 4:00 p.m. • Meeting scheduled October 14, 2013 at 4:00 p.m. Name: 092513 PACT - Minutes.docx Description: PACT Mtg Minutes 09/25/13 Type: Minutes 2. 3 MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC AFFAIRS - COMMUNICATIONS - TECHNOLOGY COMMITTEE MEETING Wednesday, September 25, 2013, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 CALL TO ORDER The September 25, 2013 meeting of the Yorba Linda Water District's Public Affairs - Communications - Technology Committee was called to order by Director Beverage at 4:00 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. ROLL CALL COMMITTEE Director Michael J. Beverage, Chair Director Ric Collett PUBLIC COMMENTS None. 4. DISCUSSION ITEMS STAFF Steve Conklin, Acting General Mgr Art Vega, Acting IT Manager Damon Micalizzi, Public Info Officer 4.1. Dynamics GP Upgrade Status (Verbal Report) Mr. Vega reported that the amended PSA with Cogsdale for upgrading the Dynamics GP and CSM software to the most current version would be executed the following day at the Board Meeting. He further explained that a test upgrade server has been setup by IT in order to begin the process. 4.2. Status of Dynamics GP Consultant (Verbal Report) Mr. Vega reported on the status of work being provided by our consultant for the Human Resources module of the Dynamics GP software. It was reported that phase I funds have been used up and as a result staff was recommending to use phase II funds to finish phase I. Staff recommends against moving forward with phase II (training) as staff is confident that SOP's for the HR Module can now be done in house due to the work and knowledge gained by staff during phase I. Mrs. Knight was called into the meeting to discuss a timeline for the next meeting with the consultant. The committee requested that Mrs. Knight provide scheduling information for this project at the next Personnel Risk Management Meeting. 4.3. CMMS Project Status (Verbal Report) Mr. Vega reported that progress in CMMS has slowed down due to other higher priorities, the unavailability and loss of staff, and the unresponsiveness of the consultant being used for this project. Mr. Vega further reported that IT has been in contact with a local consulting firm for possibly providing GIS and CMMS services and serve as a replacement for the current CMMS consultant. Mr. Vega provided a fee schedule for both the current and the new consulting firm for the committee to review and discuss. Mr. Vega informed the committee that he would likely be providing a PSA for CMMS and GIS services for this committee's consideration at a future PACT committee once this consulting firm has been vetted. 4.4. Draft Fall Newsletter The Committee reviewed the newsletter and approved it with only minor edits. 4.5. YLWD.com Review and Analytics Report (To be provided at the meeting.) Discussion of this item was postponed to the next meeting. 4.6. Status of Current Public Outreach Activities The Committee reviewed the report, noting the amount of bottled water requests are up from years past. 4.7. Future Outreach and Press Relations (Verbal Report) The Committee discussed events of potential media interest such as the October 16th Town Hall Meeting with the City of Yorba Linda. 4.8. The Pipeline — YLWD's Internal Newsletter (Verbal Report) Mr. Micalizzi, after the fact, explained to the Committee the revival of the Pipeline and his plans for the Internal Newsletter moving forward. 4.9. Future Agenda Items and Staff Tasks None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 5:45 p.m. The next Public Affairs - Communications- Technology Committee meeting is scheduled to be held Monday, October 7, 2013 at 4:00 p.m. 0 Meeting Date Subject: or ATTACHMENTS: Name: ITEM NO. 10.9 AGENDA REPORT October 10, 2013 YLWD - MWDOC -OCWD Joint Agency Committee (Beverage /Melton) Minutes of meeting held September 24, 2013 at 4:00 p.m. • Meeting scheduled November 26, 2013 at 4:00 p.m. Description: Type: YLWD /MWDOC /OCWD Joint Agency Mtg Minutes 092413 MWDOC OCWD - Minutes.docx Minutes 09/24/13 MINUTES OF THE YORBA LINDA WATER DISTRICT JOINT AGENCY COMMITTEE MEETING WITH MWDOC AND OCWD Tuesday, September 24, 2013, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The September 24, 2013 meeting of the Yorba Linda Water District's Joint Agency Committee with MWDOC and OCWD was called to order at 4:00 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. ROLL CALL YLWD COMMITTEE MEMBERS Director Gary T. Melton Director Michael J. Beverage MWDOC COMMITTEE MEMBER Director Brett Barbre OCWD COMMITTEE MEMBER Director Roger Yoh OTHER ATTENDEES Daniel Mole, Chair, YLWD CAC 3. PUBLIC COMMENTS None. 4. DISCUSSION ITEMS YLWD STAFF Steve Conklin, Acting General Manager MWDOC STAFF Rob Hunter, General Manager OCWD STAFF Mike Markus, General Manager 4.1. Introduction of Rob Hunter, General Manager, MWDOC Director Barbre introduced Mr. Hunter, the new MWDOC GM. Mr. Hunter thanked Dir Barbre and said that he will be attending these bi- monthly meetings and plans to attend a YLWD Board meeting soon to introduce himself to the entire Board. 4.2. Huntington Beach Desalination Project Mr. Markus reported that OCWD is preparing a study examining the merits of OCWD purchasing the entire 56,000 AF /yr capacity of the proposed Project. A "white paper" on the matter should be complete by the end of 2013. Dir Barbre reported that he is assisting OCWD with its application to MWD for a $250 /AF subsidy under the LRP. He expects that it will ultimately be approved. Dir Yoh noted that the Executive Committee of the OCWD Board is in the process of selecting a Citizens Advisory 1 Committee for the Project. Dir Barbre noted that Mr. Mole has submitted his application for membership on the CAC. 4.3. Consolidation of MWDOC and OCWD Dir Barbre reported that an Ad Hoc Committee with three directors each from the two districts has been established and had its first meeting. It was noted that the request to investigate consolidation originated from the directors. 4.4. OCWD Annexation Dir Yoh reported that on September 23, the IRWD Board approved the last conditions determined necessary by the Groundwater Producers group to achieve "cost neutrality." With this last element in place, it is anticipated that the Groundwater Producers and the facilitator for the negotiations, Mr. Howard Johnson, will now acknowledge support for the annexations at the Oct 2 OCWD Board meeting. Dir Yoh was cautiously optimistic that this support will lead to a majority vote by the Board in favor of the annexation. 4.5. Status of OCWD Groundwater Basin Cleanup Projects Dir Yoh and Mr. Markus described the status of the two groundwater basin cleanup projects, noting that both are separately in court, and that the rulings from the judges so far have not been in favor of the District. This issue will remain as a standing item on future agendas for updates. 4.6. YLWD Well Project Mr. Conklin reported that he will be bringing an item to his Board on Oct 10 for award of the drilling contract for Well 21, north of OCWD's Conrock Basin. He noted that this will be followed by a request to his Board for approval of an agreement for engineering services for equipping of that well. 4.7. Future Agenda Items None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 5:05 p.m. The next YLWD- MWDOC- OCWD Joint Agency Committee meeting is scheduled to be held Tuesday, November 26, 2013 at 4:00 p.m. 04 Meeting Date Subject: ATTACHMENTS: AGENDA REPORT October 10, 2013 Meetings from October 11, 2013 - November 30, 2013 ITEM NO. 12.1 Description: Type: BOD - Activities Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: October 2013 Joint Committee Meeting with City of Placentia Mon, Oct 14 9:30AM Melton /Hawkins Pub Affairs - Communications -Tech Committee Meeting Mon, Oct 14 4:OOPM Beverage /Collett Exec - Admin- Organizational Committee Meeting Tue, Oct 15 4:OOPM Melton /Kiley Yorba Linda City Council Tue, Oct 15 6:30PM Collett MWDOC Board Wed, Oct 16 8:30AM Melton OCWD Board Wed, Oct 16 5:30PM Kiley Joint Committee Meeting with City of Yorba Linda Wed, Oct 16 6:30PM Kiley /Beverage Yorba Linda Mayor's Prayer Breakfast Thu, Oct 17 7:OOAM Mayor of Yorba Linda State of the City Address Wed, Oct 23 11:30AM Hawkins MWDOC Water Policy Forum & Dinner Wed, Oct 23 5:30PM Collett Yorba Linda Planning Commission Wed, Oct 23 6:30PM Hawkins OCWD Groundwater Adventure Tour Thu, Oct 24 8:OOAM Board of Directors Regular Meeting Thu, Oct 24 8:30AM Yorba Linda LMAD CAC Thu, Oct 24 6:30PM Kiley Diemer 50th Anniversary and Ozone Dedication Fri, Oct 25 10:OOAM Collett Citizens Advisory Committee Meeting Mon, Oct 28 8:30AM Beverage Finance - Accounting Committee Meeting Mon, Oct 28 12:OOPM Hawkins /Melton ISDOC Thu, Oct 31 11:30AM Hawkins November 2013 WACO Fri, Nov 1 7:45AM Hawkins /Kiley Pub Affairs - Communications -Tech Committee Meeting Mon, Nov 4 4:OOPM Beverage /Collett Yorba Linda City Council Tue, Nov 5 6:30PM Kiley MWDOC /MWD Workshop Wed, Nov 6 8:30AM Melton OCWD Board Wed, Nov 6 5:30PM Kiley MWDOC Elected Officials Forum Thu, Nov 7 5:30PM District Offices Closed Mon, Nov 11 7:OOAM Personnel -Risk Management Committee Meeting Tue, Nov 12 4:OOPM Collett /Beverage LAFCO Wed, Nov 13 8:30AM Beverage Planning- Engineering- Operations Committee Meeting Wed, Nov 13 12:OOPM Kiley /Hawkins Yorba Linda Planning Commission Wed, Nov 13 6:30PM Melton Board of Directors Regular Meeting Thu, Nov 14 8:30AM Yorba Linda LMAD CAC Thu, Nov 14 6:30PM Beverage CSDA Special District Leadership Academy Conference Sun, Nov 17 5:30PM Melton CSDA Special District Leadership Academy Conference Mon, Nov 18 8:OOAM Melton CSDA Special District Leadership Academy Conference Tue, Nov 19 8:OOAM Melton Exec - Admin- Organizational Committee Meeting Tue, Nov 19 4:OOPM Melton /Kiley Yorba Linda City Council Tue, Nov 19 6:30PM Collett CSDA Special District Leadership Academy Conference Wed, Nov 20 8:OOAM Melton MWDOC Board Wed, Nov 20 8:30AM Melton OCWD Board Wed, Nov 20 5:30PM Kiley Citizens Advisory Committee Meeting Mon, Nov 25 8:30AM Beverage Finance - Accounting Committee Meeting Mon, Nov 25 12:OOPM Hawkins /Melton Joint Committee Meeting with MWDOC and OCWD Tue, Nov 26 4:OOPM Beverage /Melton Board of Directors Regular Meeting Wed, Nov 27 8:30AM Yorba Linda Planning Commission Wed, Nov 27 6:30PM Hawkins District Offices Closed Thu, Nov 28 7:OOAM Yorba Linda LMAD CAC Thu, Nov 28 6:30PM Kiley 10/3/2013 11:17:18 AM AGENDA REPORT Meeting Date: October 10, 2013 ITEM NO. 13.1 Subject: Mayor of Yorba Linda State of the City Address - October 23, 2013 Diemer 50th Anniversary and Ozone Facility Dedication - October 25, 2013 STAFF RECOMMENDATION: That the Board of Directors authorize Director attendance at these events if desired. ATTACHMENTS: Name: Description: Type: Diemer 50th Anniversarv.odf Backup Material Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/10/2013 RURK 4 -0 -1 PH was absent. 4ZO:Z:E ARS ft EL %FD �IE-. m� E R THE METROP01ITAN 'WATER DISTRICT OF SOUTHERN CALIFORNIA Diemer 50th Anniversary and Ozone Dedication Please join the Metropolitan Water District of Southern California to celebrate the 50th Anniversary of the Robert B. Diemer Water Treatment Plant and to dedicate the new Ozone Facilities. FRIDAY OCTOBER 25TH, 2013 10 A.M. 3972 VALLEY VIEW AVENUE YORBA LINDA, CALIFORNIA Tours will. be offered of the new Ozone Facility following the event program. Register Now! I can't make it Sincerely, Jami Decker Metropolitan Water District 'decker mwdh2o.com 213- 217 -7347