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HomeMy WebLinkAbout2013-10-24 - Board of Directors Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, October 24, 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. SPECIAL RECOGNITION 6.1. Introduction of Newly Hired Employees · Jeremy Smith, Maintenance Worker I · Tiffany Nguyen, Senior Accountant · Richard Cabadas, Accounting Assistant I 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 Workshop Meeting held October 3, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Special Meeting held October 4, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Minutes of the Board of Directors Regular Meeting held October 10, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.4. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,032,607.69. 7.5. Progress Payment No. 8 for the 2012 Waterline Replacement Project, Phase II Recommendation: That the Board of Directors approve Progress Payment No. 8 in the net amount of $69,164.92 to TBU, Inc. for construction of the 2012 Waterline Replacement Project, Phase II, Job No. 2011-20. 7.6. Terms and Conditions for Water and Sewer Service with King Family Trust, Tract 16488 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with the King Family Trust, Tract No. 16488, Job No. 200911. 7.7. Supplemental Declaration for Amalfi Hills Recommendation: That the Board of Directors approve the Supplemental Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Amalfi Hills. 7.8. Quitclaim Deed for 18151 Catalina Court Recommendation: That the Board of Directors authorize the President and Secretary to execute a Quitclaim Deed to Mr. & Mrs. William Akers for abandoning the northerly 59.31 feet of the 15-foot wide District easement, as Instrument No. 20010763330 of Official Records of Orange County. 7.9. Quitclaim Deed and Relocation of Easement for 4830 Roosevelt Court Recommendation: That the Board of Directors: (1) authorize the President and Secretary to execute a Quitclaim Deed to Mr. & Mrs. Mike Minnick for abandoning the southerly 15-foot wide District easement in Book 863, Pages 22 to 25 of Official Records of Orange County; and (2) authorize execution of an Easement Deed within the actual pipeline alignment within the same property. 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. Annexation Response Letter to the City of Placentia Recommendation: That the Board of Directors provide review comments and authorize the Acting General Manager to submit the response letter to the City of Placentia. 8.2. Construction of Well 21 Pump-to-Waste Outlet Structure Recommendation: Subject to review of the bids received, staff recommends that the Board of Directors approve award of the construction of Well 21 Pump-to-Waste Discharge Outlet Structure, Contract J2009-22. 8.3. Invitation to Join the California Association of Sanitation Agencies (CASA) Recommendation: That the Board of Directors consider this matter and provide direction to staff. 8.4. Vehicle Purchases for District Recommendation: That the Board of Directors authorize the Acting General Manager to make the purchases as listed below and as approved in the District Budget with the changes noted. The total estimated cost of the four replacement vehicles is $154,000. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report 9.2. Directors' Report · Yorba Linda Mayor's Prayer Breakfast - October 17, 2013 (Hawkins/Kiley/Melton) · Mayor of YL State of the City Address - October 23, 2013 (Collett/Hawkins/Kiley/Melton) · MWDOC Water Policy Forum & Dinner - October 23, 2013 (Collett/Kiley/Melton) 9.3. Acting General Manager's Report 9.4. General Counsel's Report 9.5. Future Agenda Items and Staff Tasks 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Melton/Kiley) · Minutes of meeting held October 15, 2013 at 4:00 p.m. · Meeting scheduled November 21, 2013 at 4:00 p.m. 10.2. Finance-Accounting Committee (Hawkins/Melton) · Meeting scheduled October 28, 2013 at 9:00 a.m. 10.3. Personnel-Risk Management Committee (Collett/Beverage) · Minutes of meeting held October 8, 2013 at 4:00 p.m. · 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. · Meeting scheduled November 13, 2013 at 12:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Beverage/Collett) · Minutes of meeting held October 14, 2013 at 4:00 p.m. · Meeting scheduled November 4, 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) · Minutes of meeting held October 14, 2013 at 9:30 a.m. (To be provided at the next regular meeting.) · Meeting to be scheduled. 10.8. YLWD-City of Yorba Linda Joint Agency Committee (Kiley/Beverage) · Minutes of meeting held October 16, 2013 at 7:00 p.m. (To be provided at the next regular Board meeting.) · Meeting scheduled December 18, 2013 at 6:00 p.m. 10.9. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Melton) · Meeting scheduled November 26, 2013 at 4:00 p.m. 10.10. Citizens Advisory Committee (Beverage) · Meeting scheduled October 28, 2013 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. Yorba Linda LMAD CAC - October 10, 2013 (Beverage) 11.2. YL City Council - October 15, 2013 (Collett) 11.3. MWDOC Board - October 16, 2013 (Staff) 11.4. OCWD Board - October 16, 2013 11.5. Yorba Linda LMAD CAC - October 21, 2013 (Kiley) 11.6. YL Planning Commission - October 23, 2013 (Hawkins) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from October 25, 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. WEROC South EOC Open House - November 6, 2013 Weymouth Treatment Plant Inspection Trip - November 8, 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, November 14, 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. ITEM NO. 7.1 AGENDA REPORT Meeting Date: October 24, 2013 Subject:Minutes of the Board of Directors Workshop Meeting held October 3, 2013 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 100313_BOD_-_Minutes.doc BOD Mtg Minutes 10/03/13 Minutes Approved by the Board of Directors of the Yorba Linda Water District 10/24/2013 RC/RK 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS WORKSHOP MEETING Thursday, October 3, 2013, 9:00 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The October 3, 2013 Yorba Linda Water District Board of Directors Workshop Meeting was called to order by President Melton at 9:00 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. ROLL CALL DIRECTORS PRESENT Gary T. Melton, President Robert R. Kiley, Vice President Michael J. Beverage Ric Collett Phil Hawkins ALSO PRESENT Katie Kaneko, President, Koff & Associates, Inc. Georg Krammer, Chief Executive Officer, Koff & Associates, Inc. 3. PUBLIC COMMENTS None. 4. DISCUSSION ITEMS 4.1. Draft Organizational & Efficiency Study – Presentation by Koff & Associates, Inc. Ms. Kaneko and Mr. Krammer provided a presentation to the Board regarding the draft study. This included a review of the methodology used, analysis and recommendations. 5. ADJOURNMENT 5.1. The meeting was adjourned at 11:50 a.m. The next Regular Board of Directors Meeting will be held Thursday, October 10, 2013 at 8:30 a.m. Gary T. Melton Board President ITEM NO. 7.2 AGENDA REPORT Meeting Date: October 24, 2013 Subject:Minutes of the Board of Directors Special Meeting held October 4, 2013 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 100413_BOD_-_Minutes.doc BOD Mtg Minutes 10/04/13 Minutes Approved by the Board of Directors of the Yorba Linda Water District 10/24/2013 RC/RK 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Friday, October 4, 2013, 9:00 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The October 4, 2013 Yorba Linda Water District Board of Directors Special Meeting was called to order by President Melton at 9:00 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 STAFF PRESENT Gary T. Melton, President Gina Knight, Human Resources and Risk Mgr Robert R. Kiley, Vice President Michael J. Beverage Ric Collett Phil Hawkins 4. PUBLIC COMMENTS None. 5. CLOSED SESSION The meeting was adjourned to Closed Session at 9:01 a.m. All Directors were present. Also present was Mrs. Knight. 5.1. Public Employment Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 2:00 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 2:01 p.m. The next Regular Board of Directors Meeting will be held Thursday, October 10, 2013 at 8:30 a.m. Gina Knight Human Resources and Risk Manager ITEM NO. 7.3 AGENDA REPORT Meeting Date: October 24, 2013 Subject:Minutes of the Board of Directors Regular Meeting held October 10, 2013 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 101013_BOD_-_Minutes.doc BOD Mtg Minutes 10/10/13 Minutes Approved by the Board of Directors of the Yorba Linda Water District 10/24/2013 RC/RK 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, October 10, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The October 10, 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 STAFF PRESENT Gary T. Melton, President Steve Conklin, Acting General Manager Robert R. Kiley, Vice President John DeCriscio, Operations Manager Michael J. Beverage Gina Knight, Human Resources/Risk Manager Ric Collett Delia Lugo, Acting Finance Manager Art Vega, Acting IT Manager DIRECTORS ABSENT Annie Alexander, Executive Secretary Phil Hawkins Damon Micalizzi, Public Information Officer ALSO PRESENT Brett Barbre, Director, Metropolitan Water District/Municipal Water District of Orange Co. Gene Hernandez, Councilmember, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP Daniel Mole, Chair, YLWD Citizens Advisory Committee Mark Schock 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Director Barbre invited the Board to attend the 50th anniversary celebration of the Diemer Water Treatment Plant in Yorba Linda on October 25, 2013. The event will include a tour of the new ozone facilities. He also invited the Directors to attend a special tour of the Weymouth Treatment Plant in La Verne scheduled November 8, 2013 and the Colorado River Aqueduct inspection tour scheduled December 6-8, 2013. Director Barbre then briefly reported on the status of the current water supply situation and the Bay Delta Conservation Plan. 2 6. COMMITTEE REPORTS 6.1. Citizens Advisory Committee (Beverage) Minutes of the meeting held September 23, 2013 at 8:30 a.m. were provided in the agenda packet. Mr. Mole provided a report to the Board regarding matters discussed during the meeting including a presentation regarding the Bay Delta Conservation Plan, the status of the District’s request for annexation to OCWD, and the completion of an information brochure. The Committee also determined to reschedule the December meeting to December 16, 2013. Next meeting is scheduled to be held October 28, 2013 at 8:30 a.m. 7. CONSENT CALENDAR Director Collett made a motion, seconded by Director Beverage, to approve the Consent Calendar. Director Collett abstained from voting on the Credit Card Summary included in Item No. 7.3. as he has a financial interest with one of the listed vendors. Motion carried 4-0-1 with Director Hawkins being absent. 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. 3 8. ACTION CALENDAR 8.1. Approval of OCWD Annexation Agreement Mr. Conklin provided a brief summary of the District’s most recent attempt for annexation to OCWD which began in October 2009. Mr. Conklin reported that OCWD’s Board of Directors had voted 10-0 at their meeting held October 2, 2013 to approve the annexation related documents and authorize initiation proceedings with LAFCO. Mr. Conklin then reviewed the key points and terms included in the annexation agreement and responded to questions from the Board. President Melton thanked Mr. Conklin and Director Barbre for their efforts related to this project. Director Beverage made a motion, seconded by Director Collett, to 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. Motion carried 4-0-1 on a Roll Call vote with Director Hawkins being absent. 8.2. Award of Change Order No. 3 for the 2012 Waterline Replacement Phase II Project Mr. Conklin explained that TBU Construction had submitted a Change Order request for construction of this project as a result of additions, modifications, and District-initiated changes. Mr. Conklin provided an overview of the changes which would result in a cost increase to the contract. Mr. Conklin explained that Engineering and Operations Department staff members were going to work closely together during the design phase of future projects to help mitigate the need for District- initiated changes. Director Kiley stated that the Planning-Engineering- Operations Committee had discussed this matter at its most recent meeting and supported Board approval of the Change Order. Director Kiley made a motion, seconded by Director Collett, to 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. Motion carried 4-0-1 with Director Hawkins being absent. 8.3. Award of Construction Contract for the Drilling of W ell No. 21 Mr. Conklin explained that staff had solicited bids for the drilling of Well No. 21. A total of 3 bids were received. Following review, staff is recommending award of the contract to Bakersfield Well & Pump Co. in the amount of $863,345. Director Kiley stated that the Planning- Operations Committee had reviewed this matter at its most recent meeting and supported staff’s recommendation. 4 Director Kiley made a motion, seconded by Director Collett, to 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. Motion carried 4-0-1 with Director Hawkins being absent. 8.4. Award of Wellhead Equipping Design for Well No. 21 Mr. Conklin explained had staff solicited proposals for engineering services, bidding support services, and construction management services for the Wellhead Equipping Design for Well No. 21. Staff received proposals from 7 qualified engineering firms. Following a technical review of the proposals, staff is recommending that the design project be awarded to Stantec Consulting Services, Inc. in an amount not to exceed $147,258. Director Kiley stated that the Planning-Engineering-Operations Committee had reviewed this matter at its most recent meeting and supported staff’s recommendation. Director Kiley made a motion, seconded by Director Collett, to 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. Motion carried 4-0-1 with Director Hawkins being absent. 8.5. Amendment No. 1 to Professional Services Agreement with CDM Smith for Hydrogeologic Services for Well No. 21 Mr. Conklin explained that OCWD recently added the requirement that full- time monitoring of the drilling activities for this well be provided by YLWD to ensure that unauthorized discharges of drilling fluids would not be disposed of in OCWD’s recharge facilities. At staffs request, CDM Smith has provided the District with a proposal describing the additional time and labor needed to provide this oversight. The amendment to the agreement with CDM Smith includes an increase of $10,620 for the provision of these services. Staff is recommending that the Board approve the amendment. Director Kiley stated that the Planning-Engineering-Operations Committee had reviewed this matter at its most recent meeting and supported staff’s recommendation. Director Kiley made a motion, seconded by Director Collett, to 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. Motion carried 4-0-1 with Director Hawkins being absent. 8.6. Landscape Contract Approval Change Mr. DeCriscio explained that while preparing the documents related to a landscaping services contract with Marina Landscape that was previously approved by the Board, staff discovered that there had been an error in calculating the total cost (4 sites had not been included). This error was missed by District staff and the vendor during review. Upon discovery of this error, staff also reexamined the proposal submitted by Park West and found that their total cost had been calculated correctly. Staff is once 5 again recommending that award of the contract be made to Marina Landscape. Director Kiley made a motion, seconded by Director Collett, to authorize the General Manager to enter into a Landscape Service Contract with Marina Landscape, Inc. The initial term of the contract will be 9 months 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. Motion carried 4-0-1 with Director Hawkins being absent. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President’s Report None. 9.2. Directors’ Report None. 9.3. Acting General Manager’s Report Mr. Conklin reported that a red flag warning had been issued over the previous weekend. Staff took preventative measures to prepare for the high winds and hot weather. Mr. Conklin then invited the Board to participate in an ice cream social scheduled later that afternoon in recognition of District staff for Customer Service Week. Mr. Conklin continued his report and stated that construction was still on schedule for the 2012 Pipeline Replacement Project, that work had just begun on Suncrest for the new pipeline and pressure regulating station, and that the structural steel work was now being completed for the Yorba Linda Blvd Pump Station Project. Mr. Conklin then reminded the Board of the District’s Health Benefits Fair scheduled October 15, 2013 during which flu shots will be provided. In conclusion, Mr. Conklin and Mr. Micalizzi provided an overview of the topics to be discussed during the District’s presentation at the upcoming YLWD City of Yorba Linda Joint Agency Committee meeting scheduled October 16, 2013. Mr. Mole spoke and suggested that staff provide information regarding the District’s red flag procedures (past and current) at this meeting. Mr. Schock also spoke and suggested that staff provide information regarding YLW D’s procedures during red flag warnings and power outages as part of the District’s presentation at this same meeting. 9.4. General Counsel’s Report Mr. Kidman commented on the District’s efforts in attempting to obtain annexation to OCWD, a process which had taken almost 25 years to complete. Mr. Kidman then stated that a Closed Session would be needed. 6 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS CONTINUED 10.1. Executive-Administrative-Organizational Committee (Melton/Kiley) Minutes of the meeting held September 17, 2013 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled to be held October 15, 2013 at 4:00 p.m. 10.2. Finance-Accounting Committee (Hawkins/Melton) Next meeting is scheduled to be held October 28, 2013 at 12:00 p.m. 10.3. Personnel-Risk Management Committee (Collett/Beverage) Minutes of the meeting held October 8, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled to be held November 12, 2013 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Kiley/Hawkins) Minutes of the meeting held October 7, 2013 at 12:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled to be held November 13, 2013 at 12:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Beverage/Collett) Minutes of the meeting held September 25, 2013 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled to be held October 14, 2013 at 4:00 p.m. 10.6. Organizational and Efficiency Study Ad Hoc Committee (Beverage/Hawkins) Next meeting to be scheduled. 7 10.7. YLWD-City of Placentia Joint Agency Committee (Melton/Hawkins) Next meeting is scheduled to be held October 14, 2013 at 9:30 a.m. 10.8. YLWD-City of Yorba Linda Joint Agency Committee (Kiley/Beverage) Next meeting is scheduled to be held October 16, 2013 at 7:00 p.m. 10.9. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Melton) Minutes of the meeting held September 24, 2013 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled to be held November 26, 2013 at 4:00 p.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. Yorba Linda LMAD CAC – September 26, 2013 (Kiley) Director Kiley attended and noted that the members were continuing to work on the Committee’s mission statement. 11.2. YL City Council – October 1, 2013 (Kiley) Director Kiley attended and commented on the commemoration of Fire Prevention Week, the topics to be addressed during the upcoming YLWD/City of Yorba Linda Joint Agency Committee meeting, and the development of properties with active or abandoned oil wells, all of which were discussed during the meeting. 11.3. MWDOC Board – October 2, 2013 (Melton) Director Melton attended and commented on a water reuse initiative by the West Basin Municipal Water District which was discussed during the meeting. 11.4. OCWD Board – October 2, 2013 (Kiley) Director Kiley attended and noted that 2 letters had been submitted to OCWD from Golden State Water Company and the City of Placentia expressing opposition to the District’s annexation. 11.5. YL Planning Commission – October 9, 2013 (Melton) Director Melton was unable to attend this meeting due to a schedule conflict. Mr. Conklin briefly commented on the status of appointments to OCWD’s Ocean Desalination Citizens’ Advisory Committee. Over 50 applications from interested parties were received of which approximately 25 individuals will be selected to serve. 8 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from October 11, 2013 – November 30, 2013 The Board reviewed the activity calendar and made no changes. 13. CONFERENCES, SEMINARS, AND SPECIAL 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 Director Collett made a motion, seconded by Director Kiley, to authorize Director attendance at these events if desired. Motion carried 4-0-1 with Director Hawkins being absent. Councilmember Hernandez addressed the Board and invited the Directors to participate along with the City Council in a bowling tournament scheduled November 3, 2013 which would benefit the Yorba Linda/Placentia Family YMCA’s scholarship programs. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 9:47 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Conklin, Kidman and Beltran. 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 9 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 Mr. Conklin departed from the Closed Session prior to discussion of Item No. 14.5. 14.5. Public Employment Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 10:30 a.m. President Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 15. ADJOURNMENT 15.1. The meeting was adjourned at 10:31 am. The next Regular Board of Directors Meeting will be held Thursday, October 24, 2013 at 8:30 a.m. Steven R. Conklin Board Secretary ITEM NO. 7.4 AGENDA REPORT Meeting Date: October 24, 2013 Budgeted:Yes To:Board of Directors Cost Estimate:$2,032,607.69 Funding Source:All Funds From:Steve Conklin, Acting General Manager Presented By:Delia Lugo, Acting Finance Manager Dept:Finance Prepared By:Ricardo Cabadas, Accounting Assistant I Subject:Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $2,032,607.69. DISCUSSION: The major items and wire on this disbursement list are as follows: A wire of $1,386,466.00 to MWDOC for the August 2013 Water Purchase; a check of $99,321.01 to ACWA/JPIA for the November Health Premium; and a check of $69,164.92 to TBU Incorporated for the 2010 Water Line – Phase II. The balance of $240,102.61 is routine invoices. The disbursements of this agenda report are $2,032,607.69, where the Accounts Payable check register total is $1,795,054.54 and Payroll No. 21 total is $237,553.15. A summary of the checks to be disbursed 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: CkReg102413.pdf CHECK REGISTER Backup Material 13-CS_1024.doc CAP SHEET Backup Material 13_CC_1024.xlsx CREDIT CARD SUMMARY Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/24/2013 RC/RK 5-0 Check No.Date Vendor Name Amount Description 62249 10/24/2013 A-1 Fence 1,213.00 REPAIR/REPL FENCE 62250 10/24/2013 ACWA/JPIA 0.00 VOID CHECK 62325 10/24/2013 ACWA/JPIA 99,321.01 MEDICAL INS. PREMIUM 62326 10/24/2013 ACWA/JPIA 0.00 VOID CHECK 62327 10/24/2013 ACWA/JPIA 28,605.00 W/C LIABILITY (07/01-09/30) 62251 10/24/2013 Anaheim Wheel & Tire 349.00 FORKLIFT TIRES 62252 10/24/2013 Apollo Technologies Inc.430.00 WATER TREATMENT SERVICE 62253 10/24/2013 Aramark 1,971.10 UNIFORM SERVICE 62254 10/24/2013 Art Vega 26.47 DEV CONN EXP VEGA 62246 10/24/2013 ASIM MUHAMMAD 39.28 CUSTOMER REFUND 62255 10/24/2013 Associated Laboratories 2,671.40 SEPTEMBER ANALYSIS 62248 10/24/2013 BITECH CONSTRUCTION CO INC 809.16 CUSTOMER REFUND 62256 10/24/2013 BLX Group LLC 500.00 Compliance Analysis 62257 10/24/2013 BRYAN MELTON 424.28 REIMBURSEMENT 62263 10/24/2013 C & L Refrigeration Corp.1,734.03 MAINTENANCE CONTRACT 62242 10/24/2013 CABLE COM 902.50 CUSTOMER REFUND 62259 10/24/2013 CalCard US Bank 20,351.17 INLAND GROUP 62260 10/24/2013 CDM Smith 3,485.00 WELL 21 - AUGUST SERVICE 62261 10/24/2013 City Of Anaheim 16,986.46 RICHFIELD LID243052 SEPT 62262 10/24/2013 Cla-Val Co.1,274.58 PRODUCTION KITS 62264 10/24/2013 Coastline Equipment 230.26 KEYS 62266 10/24/2013 Culligan of Santa Ana 1,969.15 PE SOFTENER - 10/01-10/31 62269 10/24/2013 Dean Criske Trucking 2,176.47 BASE MATERIAL 62267 10/24/2013 Dell Marketing L.P.334.63 SOFTWARE - LICENSE 62268 10/24/2013 DeltaCare USA 306.00 DENTAL INSURANCE (10/01-10/31) 62321 10/24/2013 Doxo Inc 120.00 Connect blocks - 3 mo. svc 62270 10/24/2013 Edgar Araujo 0.00 VOID CHECK 62324 10/24/2013 Edgar Araujo 138.00 CERT CLASS A LIC 62271 10/24/2013 Eisel Enterprises, Inc.680.40 METER BOX ETC 62272 10/24/2013 Elite Equipment Inc 392.38 MAINTENANCE SUPPLIES 62323 10/24/2013 Fleet Services, Inc 87.19 ALARM BACK UP 62273 10/24/2013 Flex Advantage 108.00 FLEX-ADVANTAGE - COBRA 62274 10/24/2013 Fry's Electronics 2,415.57 COMPUTER EQUIPMENT 62275 10/24/2013 Graybar Electric Co 498.24 IT - PARTS/SUPPLIES 62276 10/24/2013 Hall & Foreman, Inc 4,727.50 SHAPELL TRACK 16209 - SEPT. 62277 10/24/2013 Harrington Industrial 822.18 WAREHOUSE STOCK 62278 10/24/2013 Hi-Tech E V S, Inc./Crimson Fire 4,536.53 PRODUCTION PARTS 62279 10/24/2013 Infosend Inc.6,484.90 POSTAGE & PRINTING 62282 10/24/2013 J & S Construction 4,975.00 CONCRETE WORK 62280 10/24/2013 Jackson's Auto Supply - Napa 729.43 MOTOR RESISTOR & PIGTAIL 62281 10/24/2013 JAMES WALL 17.44 REIMBURSEMENT 62243 10/24/2013 JOHN NICHOLAS 185.87 CUSTOMER REFUND 62283 10/24/2013 Kidman Law 26,831.50 WHSE PURCHASE 62284 10/24/2013 Killingsworth Gear 4,357.26 ALL ENGINES O2 SENSOR 62285 10/24/2013 Kimball Midwest 234.09 SHOP SUPPLIES - MECHANIC 62286 10/24/2013 Koff & Associates, Inc 10,476.32 LEGAL FEES 62287 10/24/2013 Konica Minolta Business 490.56 COPY FEES (OVERAGES) 62288 10/24/2013 Lancab, Inc.258.48 IT- CAT-5E CABLE INSTALL Yorba Linda Water District Check Register For Checks Dated: 10/11/2013 thru 10/24/2013 62289 10/24/2013 Lee & Ro, Inc.9,649.00 PALM AVE. BPS & PIPELINE 62290 10/24/2013 Marina Landscape, Inc 1,409.15 LANDSCAPE MAINT. - SEPT. 2013 62291 10/24/2013 Mc Fadden-Dale Hardware 284.05 HARDWARE SUPPLIES 62292 10/24/2013 Mc Master-Carr Supply Co.332.22 HIGH PRESSURE HOSE 62293 10/24/2013 Mudge Fasteners, Inc 1,408.26 NUTS AND BOLTS W101413 10/14/2013 Municipal Water District 1,386,466.00 WATER PURCHASE AUGUST 2013 62294 10/24/2013 Muzak LLC 73.74 CONTRACTUAL SERVICE 62295 10/24/2013 NatPay Online Business Solutions 23.40 DOCULIVERY CHARGES 62296 10/24/2013 Nickey Petroleum Co Inc 2,317.68 GUARDOL OIL, GTI OIL, & FEES 62297 10/24/2013 O.C. Driveline 124.24 U-JOINT INSTALLATION 62298 10/24/2013 Office Solutions 907.82 OFFICE SUPPLIES 62299 10/24/2013 One Source Distributors, LLC 174.43 IT - OPERATING LEVER 62304 10/24/2013 P.T.I. Sand & Gravel, Inc.319.41 SAND 24.97 TONS 62300 10/24/2013 Pacific Communications Tech 6,619.44 INSTALLATION OF NEW RADIO EQPT6231510/24/2013 Petty Cash 484.51 PETTY CASH 62301 10/24/2013 Powerstride Battery 285.95 VEHICLE MAINTENANCE 62302 10/24/2013 Praxair Distribution 131.78 CYLINDER RENTAL & FEES 62303 10/24/2013 Process Solutions, Inc.2,500.00 ACID WASH PROCEDURE 62305 10/24/2013 Quinn Power Systems Associates 1,710.21 SERVICE CALL REPAIR (ENGINE) 62307 10/24/2013 R J Services, Inc 540.80 TROUBLESHOOT PUMP #1 62306 10/24/2013 RACHEL PADILLA 56.22 REIMBURSEMENT 62308 10/24/2013 SC Prime Source Inc.4,800.00 JANITORIAL SERVICE 10/01-10/31 62244 10/24/2013 SEUNGHYUN CHUN 1,341.00 CUSTOMER REFUND 62309 10/24/2013 Siemens Water Technologies, LLC 375.50 ELEC. MOTOR W101813 10/16/2013 SoCal GIB-Wells Fargo Bank 8,772.06 LOC - FEES AND INTEREST 62310 10/24/2013 Source Graphics 85.44 ENGINEERING BOND 36"X500" 62311 10/24/2013 South Coast AQMD 2,020.29 FEE FOR LAST FISCALYR EMISSIONW10221310/22/2013 Southern Calif Edison Co.6,147.33 UTILITIES- SCE - 2-32-259-6354 62312 10/24/2013 Southern Calif Gas Co.14,852.94 UTILITIES -GAS- 012-410-7000-0 62316 10/24/2013 St.Jude Hospital Yorba Linda 105.00 DRUG SCREENING & DMV PHYS. 62313 10/24/2013 Staples Business Advantage 418.85 OFFICE SUPPLIES 62258 10/24/2013 State of CA - Dept of Public Health 7,408.90 HEALTH & HUMAN SVC #3010037 62314 10/24/2013 Steven Engineering 1,477.88 IT - PARTS 62317 10/24/2013 Sunrise Medical Group 720.00 HEP B VACCINES 62318 10/24/2013 TBU Inc 69,164.92 2010 WATER LINE - PHASE II 62322 10/24/2013 Townsend Public Affairs, Inc.5,000.00 CONSULTING SERVICE - OCT 2013 62247 10/24/2013 TRUSTONE CAPITOL GROUP LLC 311.39 CUSTOMER REFUND 62319 10/24/2013 Underground Service Alert 192.00 DIG ALERT - CHARGES 62245 10/24/2013 WANG LI 46.86 CUSTOMER REFUND 62265 10/24/2013 WHITE GLOVE PROPERTY MGMT 218.91 CUSTOMER REFUND 62320 10/24/2013 Wilmington Instrument Company 100.17 IT - PARTS/SUPPLIES Total $1,795,054.54 . October 24, 2013 CHECK NUMBERS: Computer Checks 62242—62327 393,669.15 WIRES: W101413 MWDOC 1,386,466.00 W101813 SOCAL GIB-WELLS 8,772.06 FARGO BANK W102213 SOUTHERN CALIF 6,147.33 EDISON CO. ___________ 1,401,385.39 TOTAL OF CHECKS & WIRES $1,795,054.54 PAYROLL NO. 21: Direct Deposits $ 150,293.57 Third Party Checks 5689—5699 $ 46,705.19 Payroll Taxes $ 40,554.39 TOTAL OF PAYROLL $237,553.15 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $2,032,607.69 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF OCTOBER 24, 2013 ==================================================================. Date Vendor Name Amount Description 09/09/13 Luxor Hotel 644.34 Conference accomodations. 09/11/13 Wells Supply Company 7,240.43 August 2013 Invoices 09/25/13 C. Wells Pipeline 502.20 Mueller Bonnet Gasket 09/25/13 C. Wells Pipeline 275.40 Mueller Hydrant Parts (Washers and Stems) 09/26/13 AAA Electric Motor 587.00 Motor for production. 09/30/13 Answer One 688.05 Inv#131000871 09/30/13 Target 85.29 Coolers for Insp. Section vehicles 09/30/13 Keno's Restaurant 59.79 Lunch with new hires. 09/30/13 Vista Paint Corp 43.96 Paint 10/01/13 Thai House Restaurant 57.25 Prod. Superintendent Interview (panel lunch) 10/02/13 Orchard Supply 42.14 Paint Supplies 10/02/13 Community Lock 14.58 Copies of keys. 10/02/13 Westside 812.06 Ridged pipe cutter & ext. chain 10/03/13 Village Nurseries 21.06 Job for landscape repair. 10/07/13 Chilli's 50.00 Lunch/Accounting intro-welcome 10/07/13 Stefanos 51.97 Lunch for Directors and staff during GM interview 10/07/13 ISDOC 34.00 Registration for ISDOC Qtrly meeting 10/31/13. 10/07/13 MWDOC 300.00 Reg. for MWDOC water policy forum 10/23/13 10/07/13 Yorba Linda Prayer Breakfast 82.11 Reg. for YL mayor's prayer breakfast 10/07/13. 10/07/13 Mayor of YL State of the City Address 180.00 Reg. for (4) members @ 45.00 each. 10/07/13 Fullerton Paint 365.79 Paint for Facilities doors & rollers. 10/08/13 McMaster-Carr 316.55 Low pressure regulator for production 10/09/13 Westside 352.77 Paint brushes, masterlocks. 10/09/13 Smart & Final 41.92 Ice cream & toppings for Customer Svc week. 10/09/13 Fullerton Paint 179.69 Paint for Cla-valves 10/09/13 Harrington 132.59 CL2 parts for Well #20 10/09/13 Ms. Abrasive 89.10 Sand blasting material. 10/10/13 Praxair 118.07 Refill on oxygen & acetylene. 10/10/13 Home Depot 50.26 Paint supplies Cal Card Credit Card U S Bank 09/09/2013-10/14/13 10/10/13 Home Depot 50.26 Paint supplies 10/10/13 Wings Restaurant 68.00 Wings Restaurant. 10/10/13 Wells Supply Company 93.97 4x6 Reducer 10/11/13 Ice House 78.10 Ice for Placentia city parade. 10/12/13 10/14/13 Inland Group 6,692.73 Citizens advisory group brochure. TOTAL 20,351.17 ITEM NO. 7.5 AGENDA REPORT Meeting Date: October 24, 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 Manager Account No:101-2700 Job No:2011-20 Presented By:Steve Conklin, Acting General Manager Dept:Engineering Reviewed by Legal:No Prepared By:Joe Polimino, Project Engineer CEQA Compliance:Exempt Subject:Progress Payment No. 8 for the 2012 Waterline Replacement Project, Phase II SUMMARY: Work continues on construction of the 2012 Waterline Replacement Project, Phase II. The project consists of replacing old waterlines and appurtenances in seven locations, ranging from 200 to 3,000 feet, with a total replacement length of approximately 6,700 feet. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 8 in the net amount of $69,164.92 to TBU, Inc. for construction of the 2012 Waterline Replacement Project, Phase II, Job No. 2011-20. DISCUSSION: In accordance with the contract documents, TBU Inc. submitted a request for Progress Payment No. 8, in the amount of $72,805.18 for completed work through September 30, 2013. During this period, the contractor completed final pavement grinding and placed new asphalt at the Richfield Road, Cresthill Drive and Hidden Hills Road project sites. They also completed all of the new pavement striping and roadway markings for all three areas. The status of the construction contract with TBU Inc. is as follows: The current contract is $1,441,567.61 and 370 calendar days starting February 1, 2013 (including Change Orders No. 1, 2 and 3, which added $82,267.50 and 0 days). If approved, Progress Payment No. 8 is $72,805.18 (5.1% of the total contract amount), less 5% retention of $3,640.26 for a net payment of $69,164.92. If approved, total payments to date including retention will be $1,184,659.09 (82.2% of the total contract amount). As of September 30, 2013, 242 calendar days were used (65.4% of the contract time). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 8 is attached for your reference. STRATEGIC PLAN: SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with adopted amendments PRIOR RELEVANT BOARD ACTION(S): The Board 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 seven progress payments to date for this project, the last of which was approved on September 26, 2013. ATTACHMENTS: Name:Description:Type: TBU_Phase_II_Waterline_Progress_Pay_Request_8.pdf TBU Progress PAy Request No. 8, Phase II Pipeline Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/24/2013 RC/RK 5-0 YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT 2012 Waterline Replacement,Phase II PROGRESS PAY REQUEST NO. 008 LOCATION Yorba Linda,CA PROJECT NO. 201120 PAGE 1 OF 1 PAGES CONTRACTOR TBU Inc. DATE 1018113 ORIGINAL CONTRACT AMOUNT: $ 1,359,300.11 AUTHORIZED CHANGE ORDERS: $ 82,267.50 REVISED CONTRACT AMOUNT: $ 1,441,567.61 PROGRESS PAY ESTIMATE FOR PERIOD September 1,2013 TO September 30,2013 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 1,063,600.10 $ 48,500.00 $ 1,112,100.10 CHANGE ORDER WORK COMPLETED $ 48,253.81 $ 24,305.18 $ 72,558.99 TOTAL VALUE OF WORK COMPLETED $ 1,111,853.91 $ 72,805.18 $ 1,184,659.09 LESS RETENTION 5% $ 1,056,261.21 $ 3,640.26 $ 1,125,426.14 LESS OTHER DEDUCTIONS Electronic Wire Fees NET EARNED TO DATE $ 1,125,426.14 LESS AMOUNT PREVIOUSLY PAID $ 1,056,261.21 BALANCE DUE THIS ESTIMATE $ 69,164.92 NOTICE TO PROCEED February 1,2013 COMPLETION TIME 370 CALENDAR DAYS APPROVED TIME EXTENSIONS 0 CALENDAR DAYS TOTAL CONTRACT TIME 370 CALENDAR DAYS TIME EXPENDED TO DATE 242 CALENDAR DAYS TIME REMAINING 128 CALENDAR DAYS REQUESTED BY: DATE: Charles Whale , ,,T President,TBU Inc. RECOMMENDED: b."° DATE: h k T Joe Polimino,Project Engineer,YLWD APPROVED BY: DATE: Steve Conklin,Engineering Manager,YLWD ITEM NO. 7.6 AGENDA REPORT Meeting Date: October 24, 2013 Budgeted:N/A To:Board of Directors Funding Source:Developer Funded From:Steve Conklin, Acting General Manager Account No:1/2-2600 Job No:200911 Presented By:Steve Conklin, Acting General Manager Dept:Engineering Reviewed by Legal:N/A Prepared By:Ariel Bacani, Engineering Technician II CEQA Compliance:N/A Subject:Terms and Conditions for Water and Sewer Service with King Family Trust, Tract 16488 SUMMARY: The King Family Trust is proposing to develop its 20-acre site with 11 residential lots in the upper Casino Ridge area, as shown in the attached exhibit. Terms and Conditions for the proposed project were approved by the Board on October 13, 2011. Due to the six-month expiration from the approval date, the King Family is requesting reapproval of the Terms and Conditions. A representative for the King Family attended the October 7, 2013 PEO Committee meeting and discussed the project and the request for reapproval. A letter to that effect from the King Family is attached. STAFF RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with the King Family Trust, Tract No. 16488, Job No. 200911. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this matter at its meeting held October 7, 2013 and supports staff's recommendation. DISCUSSION: The King Family Trust, doing business as Yorba Linda Outpost Development Co., LLC, owns 20.01 acres in the upper Casino Ridge area that they propose to develop into 11 residential lots. Of that 20 acres, approximately 10 acres would be developed as building pads and irrigated common areas and 10 acres would remain as non-irrigated undisturbed hillsides. The attached exhibit shows the location of the proposed development, the nearby developed areas, and existing and proposed water and sewer mains. Several issues of concern regarding water service to this tract were examined, discussed and ultimately addressed and approved by the Board in 2011. The items of concern relate to Items 47 through 49 of the attached Terms and Conditions. Item 47 relates to water storage for the project, which is provided by gravity flow from the District's Chino Hills Reservoir. It was acknowledged that, while the reservoir can and would supply water for fire protection for the new development (subject to completion of the water pipeline required in Item 48), the remaining capacity of the existing reservoir is otherwise committed to other residential developments for operational and emergency storage. It was also acknowledged that because of its location in Chino Hills State Park, obtaining additional land to expand Chino Hills Reservoir was not feasible. Therefore, it was agreed that, in lieu of constructing additional water storage, the King Family would provide a payment of $127,263.00 to fund other District capital facilities supporting water supply and transmission improvements to the pressure zone serving the proposed development. This payment would be due prior to the installation of the water main. Item 48 concerns the issue of meeting fire flow requirements. Computer-based modeling of the existing water distribution system in the lower Casino Ridge area that would be extended to feed the proposed development, showed that the existing system could not deliver the required water flow at the minimum required pressure for fire protection to the new pad elevations. However, the modeling also showed that by adding a 12-inch pipeline from San Antonio Road connecting into the proposed water main in Casino Ridge Road, fire flow requirements could be met. Accordingly, the King Family agreed to pay for the construction of this pipeline as a condition of development. Item 49 concerns the issue of water pressure to the proposed residences. The building pad elevation of the highest residences will be such that the water pressure will be no more than 30 to 40 psi - and less than this during times of high demand. This is because the water elevation in Chino Hills Reservoir (when full) is only 100 feet higher than the pad elevations. Thus, the only means to increase pressure is with private booster pumps. Following several discussions on the issues and shortcomings of individual residential booster pumps, the King Family requested that they be allowed and District staff agreed, subject to the conditions noted in Item 49. In the attached letter of September 30 from Andrew King, he indicates that there has been no change in the District's water system in the area of the proposed development and no change in the plans proposed by the King's. Therefore, he is requesting that the new Terms and Conditions be identical or very similar to those approved in 2011. District staff agrees with this assessment and recommends that the subject project be allowed to proceed under the attached Terms and Conditions for Water and Sewer Service. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors previously approved the Terms and Conditions for Water and Sewer Service for King Family Trust, Tract 16448, on October 13, 2011. ATTACHMENTS: Name:Description:Type: 200911_TC_102413.docx Terms & Conditions for Water & Sewer Service with King Family Trust, Tract 16488 Agreement 200911_EXHIBIT.pdf Exhibit of Proposed Water & Sewer Improvements for King Family Trust, Tract 16488 Exhibit T._16488_T_C_Ltr._-_Mr._Andrew_King__09-30-13.pdf T16488 T&C Ltr. - Mr. King 09-30-13 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/24/2013 RC/PH 5-0 Date: October 24, 2013 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER AND SEWER SERVICE NAME OF APPLICANT: KING FAMILY TRUST, dba: Yorba Linda Outpost Development Co., LLC LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD TRACT NUMBER: 16488 JOB NUMBER: 200911 LOT(S): 11 The applicant will be required to complete to the satisfaction of the District the following items that have an “X” following the number. 1) X The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) X The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) X The applicant shall submit two (2) sets of the following drawings to the District for plan check processing: a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 4) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. 5) X The applicant shall dedicate or obtain all easements deemed necessary by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 6) X The applicant shall provide the District with a copy of the Recorded Tract/Parcel Map(s) illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 7) X The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. 8) X The applicant shall furnish the District with a 24-hour emergency telephone number prior to the District’s approval of the construction plans. Page 2 of 5 NAME OF APPLICANT: KING FAMILY TRUST LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD 9) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 10) X The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 11) X The applicant shall provide, per the District specifications, one complete set of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or later) for the Water and Sewer facilities. 12) X The applicant shall complete an Application to and Agreement for Water Service. 13) X The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 14) X The applicant shall pay meter fees associated with the installation of radio read meters for this project. 15) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 16) X The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. 17) X The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan and the District’s Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 18) X The applicant’s water facilities upstream to and including the meter shall be District owned and maintained. 19) X The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test. A District representative shall be present to witness the flow test. 20) X The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 21) X The applicant shall install one (1) water Sampling Station in conformance with the District’s Standard Plans. Page 3 of 5 NAME OF APPLICANT: KING FAMILY TRUST LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD 22) X The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 23) X The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 24) All existing water services that are not useable in the new plan shall be cut and plugged and properly abandoned at the main pipeline connection point. 25) X The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 26) X The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 27) X The applicant shall adjust and raise to grade all valve covers within the limits of this project. 28) X The applicant shall install a pressure regulator in all dwellings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 29) X The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to temporarily serve the new dwellings. 30) X The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. 31) X The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 32) X The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly prior to the water meters being turned on for service. 33) X The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 34) X The applicant and their successors (through required disclosure by the applicant) shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District’s Backflow Prevention Program and the Page 4 of 5 NAME OF APPLICANT: KING FAMILY TRUST LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross-Connections. 35) The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 36) X The applicant shall complete an Application to and Agreement for Sewer Service. 37) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Sanitary Sewer Service. 38) X The applicant shall pay all of the sewer fees as required by the Rules and Regulations of the District. 39) X The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan, applicable Sub-Area Master Plans and Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 40) X The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 41) X The applicant’s sewer facilities in Casino Ridge Road shall be District owned and maintained. 42) X The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District’s Plans and Specifications. 43) X The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. 44) X The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 45) X The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector and shall include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. (END OF STANDARD TERMS AND CONDITIONS) Page 5 of 5 NAME OF APPLICANT: KING FAMILY TRUST LOCATION OF PROJECT: NORTH END OF CASINO RIDGE ROAD PROJECT SPECIFIC TERMS AND CONDITIONS 46) X The applicant shall provide the District with a copy of the soils report for the proposed project. If the report indicates corrosive soil conditions, the applicant shall be responsible for conducting a soil corrosivity study, applicant’s corrosion engineer shall provide recommendations for cathodic protection to be reviewed and approved by the District. 47) X In lieu of providing water storage for the project, the applicant shall provide a payment of $127,263.00 for capital funding for the District for water supply and transmission improvements. Payment shall be due prior to the installation of the 12-inch diameter water transmission pipeline. 48) X The applicant shall construct a 12-inch diameter water transmission pipeline from the existing 12-inch diameter stub located on San Antonio Road, extending easterly to and through the subject project and connect to the water main to be constructed in Casino Ridge Road as part of the proposed development project. 49) X The applicant shall install individual water pumps with approved backflow prevention assemblies, comply with Terms and Conditions No. 32 for such assemblies and shall execute a Declaration of Restrictive Covenants noticing buyers of possible low pressure conditions and the existence of private pressure pump systems. 50) X The applicant shall not proceed with any above-grade construction of homes until after completion of the 12-inch water main described above, and the completion of the water main, fire hydrants and sewer main in Casino Ridge Road. I hereby certify that the foregoing Terms and Conditions were approved at the October 24, 2013 Regular meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Application to and Agreement with the Yorba Linda Water District for Water and Sewer Service is not executed for the project under consideration. ______________________________ Steve Conklin, P.E. Acting General Manager PROJECT LOCATION TTM 16488 CASINO RI GE ROAD Yj UNDA yORBA ANGETH AVF- PE fd s VICINITY MAP NO SCALE XL x LO TO EXISTING -1300 ZONE(69) FAI MONT B VD. WATE MAIN PROPOSED 12" 7 WATER MAIN PROPOSED 8" SEWER MAIN 4 CASINO EXISTING 8" SERVER MAIN 0 'po EXISTING ING 12"WATEIR MAIN (Z ONE-6) LEGEND: PROJECT LOCATION LOTS LOCATED IN TRACT 16488 PREPARED BY: YORBA LINDA WATER DISTRICT EXHIBIT SCALE:NO SCALE 0 L KING FAMILY TRUST DATE: 10/24/2013 1717 MIRALOMA AVENUE TRACT NO. 16488 wPLACENTIA, CALIFORNIA 92870 FILENAME:200911 (714) 701-3000 1 1 10/01/2013 15 : 35 FAX' 6269146254 Qj 002/002 September 30, 2013 Mr. Sto^ve Conklin Acting General Manager Yorba Linda Water District P.O. Box 309 Yorba :Linda, CA 92885 Re: Terms and Conditions for Water&Sewer Service Dear Nin Conklin, The Yc rba Linda Outpost Development CYLOD) understands the Terms and Conditions for Water and Sewer Service for our project-Tract No. 16488,have expire,1. Our te;im has been working with adjacent homeowners and their respective Homeowners Association to insure our project blends in seamlessly. We are almost finisher with our discussions and meetings and would like to move forward with our project, We respectively request that a new set of Terms and Conditions be issued, As our,project has not changed and the District's water system in our immediate area arid pressure zone is the same,we would expect the new set of Terms and Condit,ons to be identical or very similar to those conditions approved in 2011. We understand you have tentatively scheduled our project to be presented to the Planniaul;-Engineering-Operations Committee for their review and approval on October 7, 2013 at 12:00 p.m. We will have our representatives present to answer any qu- stions you or the Committee may have. If therE is anything the District needs or if the dates and/or times change, please contact Mr. Gordon Thomson at (714) 222-7578 or at broker(ZZgordontbDMSD ;,,, r Best RE Bards, Andrev r King Yorba Linda Outpost Development Cc: Gordon Thomson ITEM NO. 7.7 AGENDA REPORT Meeting Date: October 24, 2013 Budgeted:N/A To:Board of Directors Funding Source:N/A From:Steve Conklin, Acting General Manager Presented By:Steve Conklin, Acting General Manager Dept:Engineering Reviewed by Legal:Yes Prepared By:Ariel Bacani, Engineering Technician II CEQA Compliance:N/A Subject:Supplemental Declaration for Amalfi Hills SUMMARY: In 1993, the Yorba Linda Water District (YLWD) and Upper K-Shapell LLC (Shapell) entered into a "Property Exchange Agreement." The agreement, in part, required YLWD to maintain landscaping and irrigation facilities for portions of its Fairmont and Springview reservoir sites. However, sometime thereafter, YLWD and Shapell agreed that those landscape maintenance obligations should be transferred to Shapell. The Supplemental Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Amalfi Hills will memorialize the subsequent agreement. STAFF RECOMMENDATION: That the Board of Directors approve the Supplemental Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Amalfi Hills. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this matter at its meeting held October 7, 2013 and supports staff's recommendation. DISCUSSION: YLWD and Shapell have been working together to document the transfer of landscape maintenance obligations and have prepared the attached Supplemental Declaration of Covenants, Conditions, Restrictions and Reservations of Licenses for Amalfi Hills (Supplemental Declaration). Shapell has informed YLWD that it has the right to execute the Supplemental Declaration as the Declarant under the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Amalfi Hills recorded on November 8, 2005, as Instrument No. 2005000895660, as amended, (Declaration). As the Declarant, Shapell designates the Fairmont and Springview sites (as legally described and depicted) as "Public Property" thereby requiring maintenance of said sites by Villaggio Community Association (VCA). In order to permit VCA to enter and perform maintenance on YLWD property, YLWD provides rights of access in the Supplemental Declaration and also includes its standard insurance obligations. Shapell and YLWD were in a position to execute the Supplemental Declaration earlier this year. YLWD, however, was informed that certain real property around the Springview site was purchased by Toll Brothers, Inc. (Toll) from Shapell. YLWD inquired whether Shapell could still execute the Supplemental Declaration even though some of the land covered by the original Declaration was now owned by Toll. Shapell informed YLWD that Toll did not desire to become the "Declarant" and that Shapell could still execute the Supplemental Declaration. The Supplemental Declaration of Covenants, Conditions, Restrictions and Reservation of Licenses for Amalfi Hills is attached for your consideration. ATTACHMENTS: Name:Description:Type: Supplemental_Declaration_for_Amalfi_Hills.pdf Supplemental Declaration for Amalfi Hills Agreement Approved by the Board of Directors of the Yorba Linda Water District 10/24/2013 RC/RK 5-0 SDH\30161.0019\429032.3 3/14/2013 -1- RECORDING REQUESTED BY: WHEN RECORDED, MAIL TO: DZIDA, CAREY & STEINMAN (SDH) 3 Park Plaza, Suite 750 Irvine, CA 92614 ______________________________________________________________________________ (Space Above for Recorder’s Use) SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF LICENSES FOR AMALFI HILLS THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS (“Supplemental Declaration”) is made on ____________________________, 2013, by UPPER K-SHAPELL, LLC, a Delaware limited liability company (“Declarant”), as successor by conversion of UPPER K-SHAPELL JOINT VENTURE, a joint venture comprised of FKC LLC, a California limited liability company, and SHAPELL INDUSTRIES, INC., a Delaware corporation, and YORBA LINDA WATER DISTRICT, a local public agency operating under authority of Division 12 of the California Water Code (“District”). P R E A M B L E: A. Declarant is the “Declarant,” as defined in the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Amalfi Hills recorded on November 8, 2005, as Instrument No. 2005000895660 (as amended, “Declaration”), as amended by the First Amendment to Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Amalfi Hills recorded on March 7, 2006, as Instrument No. 2006000151082, and the Second Amendment of Covenants, Conditions, Restrictions and Reservation of Easements for Amalfi Hills recorded on June 16, 2006, as Instrument No. 2006000406877, all of Official Records of Orange County, California. B. Pursuant to Article II of the Declaration, Declarant now desires to designate the real property described and depicted in Exhibits “1” and “2” hereto as “Public Property” to be maintained by the Amalfi HIlls Community Association, a California nonprofit corporation (“Association”), in accordance with the Declaration. SDH\30161.0019\429032.3 3/14/2013 -2- THEREFORE, DECLARANT HEREBY DECLARES AS FOLLOWS: 1. Establishment of General Plan; Land Classification. 1.1 General Plan. This Supplemental Declaration is hereby established in furtherance of the general plan for the improvement of the Properties subject to the Declaration and for the purpose of enhancing and perfecting the value, desirability and attractiveness of the Properties. 1.2 Restrictions. This Supplemental Declaration is recorded pursuant to Article XVI of the Declaration, and each of the provisions hereof shall be deemed a part of the “Restrictions” (as defined in the Declaration), and they may be enforced as therein provided for the enforcement of other provisions thereof. 1.3 Public Property. The real property described and/or depicted in Exhibits “1” and “2” attached hereto (“Designated Public Property”) is hereby designated as “Public Property,” as defined in the Declaration. 2. Entry on Public Property. 2.1 Licenses. 2.1.1 District hereby grants to the Association a nonexclusive license, privilege and permission of access, ingress and egress, for use, maintenance, repair, replacement of the landscaping and associated improvements on the Designated Public Property. District reserves the right to use the Designated Public Property in any manner, provided such use does not unreasonably interfere with Association’s rights herein. 2.1.2 District hereby grants to Toll Brothers, Inc. (“Toll”) a nonexclusive license, privilege and permission of access, ingress and egress, for installation, maintenance, repair, replacement of landscaping and associated improvements on the real property described and depicted in Exhibit “2.” District reserves the right to use the real property described and depicted in Exhibit “2” in any manner, provided such use does not unreasonably interfere with Toll’s rights herein. Toll’s rights granted herein shall terminate upon acceptance of the improvements by the District and approval of the improvements by the City of Yorba Linda. 2.1.3 District hereby grants to the Association a nonexclusive license, privilege and permission of access, ingress and egress over the property described and/or depicted on Exhibit “3” attached hereto. 2.2 Commencement of Maintenance. The Association shall become responsible for maintenance of the Designated Public Property described in Exhibit “1” attached hereto on the recordation of this Supplemental Declaration. The Association shall become responsible for maintenance of the Designated Public Property described in Exhibit “2” attached hereto on the completion of the landscaping improvements thereon. “Completion” as used herein is defined as the point in time the improvements are accepted by the District and approved by the City of Yorba Linda. SDH\30161.0019\429032.3 3/14/2013 -3- 2.3 Terms and Conditions Applicable to Entry Upon the Designated Public Property. The Association shall comply with the requirements set forth in Exhibit “4” attached hereto in the exercise of its license rights granted hereunder. 3. Miscellaneous Provisions. 3.1 Amendment and Duration. This Supplemental Declaration may be amended or terminated on the mutual written consent of Declarant and the District. 3.2 Restrictions Construed Together. All of the provisions of this Supplemental Declaration shall be liberally construed together with the Restrictions to promote and effectuate the fundamental concepts of the Properties, as set forth in the Declaration. 3.3 Restrictions Severable. Notwithstanding the provisions of the foregoing Section 3.2, each of the provisions of this Supplemental Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provisions or portion thereof shall not affect the validity or enforceability of any other provisions hereof. 3.4 Meaning of Terms. Except as otherwise expressly provided herein, the capitalized words and phrases in this Supplemental Declaration shall have the same meanings as defined in the Declaration. As used in this Supplemental Declaration, all words in the masculine, feminine, or neuter gender, or the singular or plural number shall be construed to include the others, wherever the context so requires. 3.5 Captions. All captions or titles used in this Supplemental Declaration are intended solely for convenience of reference and shall not affect the interpretation of any of the terms or provisions of this Supplemental Declaration. [SIGNATURES ON FOLLOWING PAGE] SDH\30161.0019\429032.3 3/14/2013 -4- [SIGNATURE PAGE TO SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF LICENSES FOR AMALFI HILLS] Declarant and District have executed this Supplemental Declaration the day and year first written above. UPPER K-SHAPELL, LLC, a Delaware limited liability company, as successor by conversion of UPPER K-SHAPELL JOINT VENTURE, a joint venture comprised of FKC LLC, a California limited liability company, and SHAPELL INDUSTRIES, INC., a Delaware corporation By: SHAPELL INDUSTRIES, INC., a Delaware corporation, Member By: Name: Title: By: FKC LLC, a California limited liability company, Member By: Name: Mark J. Francuz Title: Manager/Secretary YORBA LINDA WATER DISTRICT, a local public agency operating under authority of Division 12 of the California Water Code By: ________________________________ Name: ______________________________ Title: _______________________________ [NOTARY ACKNOWLEDGMENT ON FOLLOWING PAGE] SDH\30161.0019\429032.3 3/14/2013 -5- STATE OF CALIFORNIA ) ) ss COUNTY OF _______________ ) On ___________________, 201__, before me, _________________________________, Notary Public, personally appeared ________________________________________________ _____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _________________________________ (SEAL) STATE OF CALIFORNIA ) ) ss COUNTY OF _______________ ) On ___________________, 201__, before me, _________________________________, Notary Public, personally appeared ________________________________________________ _____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _________________________________ (SEAL) SDH\30161.0019\365958.1 3/14/2013 EXHIBIT “1” EXHIBIT “1” DESIGNATED PUBLIC PROPERTY [SEE EXHIBITS “A” AND “B” ATTACHED TO THIS EXHIBIT “1”] EXHIBIT"A" LEGAL DESCRIPTION In the city of Yorba Linda, County of Orange, State of California, being that portion of Parcel 1 described in the Final Order of Condemnation No. 191913, recorded May 16, 1972 in Book 10129, Page 99 of Official Records, in the office of the County Recorder of said county, described as follows: Beginning at a point on the northerly boundary of Lot 30 of Tract No. 16760 as per map filed in Book 871, Pages 24 through 30, inclusive of Miscellaneous Maps, in the office of said County Recorder, distant thereon South 89°18'34" East 0.46 feet from the northwest corner of said Lot 30; thence continuing along the boundary of said Tract No. 16760 South 89°18'34" East 440.54 feet to the boundary of Tract No. 16758 as per map filed in Book 871, Pages 19 through 23,inclusive of said Miscellaneous Maps; thence along the boundary of said Tract No. 16758 the following two (2) courses: North 0°41'26" East 295.00 feet and North 89°18'34" West 389.66 feet; thence South 10°08'02"West 12.16 feet; thence South 89°18'34"East 80.90 feet; thence SOUTH 27.79 feet; thence South 45°08'07" East 0.81 feet; thence South 77°13'15" East 13.50 feet; thence South 89°14'52" East 237.06 feet; thence South 0°40'00" West 205.43 feet; thence North 89°25'55" West 81.86 feet; thence SOUTH 25.74 feet; thence North 89°57'07"West 295.06 feet; thence South 15°26'39"West 17.48 feet to the Point of Beginning. Excepting therefrom a variable width strip of land, the easterly, southeasterly and southerly lines of which are concentric and parallel with the following described reference line: Beginning at a point on the boundary of said Tract No. 16758, distant thereon North 89 018'34"West 19.69 feet from the northwest corner of Lot 1 of said Tract No. 16758; thence South 5 012'07" West 55.61 feet to a curve concave easterly having a radius of 823.50 feet; thence southerly 81.87 feet along said curve through a central angle of 5°41'47'; thence South 0°29'40" East 102.36 feet to a point hereinafter referred to as Point `A'; thence southwesterly 44.32 feet along a non-tangent curve concave northwesterly having a radius of 44.00 feet through a central angle of 57°42'56", a radial line to the beginning of said curve bears South 85°29'51" East to a non-tangent curve concave Revised:January 4,2012 December 16,2011 WO No.22-16209CX Page 1 of 2 H&A Legal No.7800 By:K. Vo Checked By:R.Williams northerly having a radius of 73.50 feet, a radial line to the beginning of said curve bears South 13°50'18" East; thence westerly 50.00 feet along said curve through a central angle of 38°58'33" to a reverse curve concave southerly having a radius of 136.50 feet; thence westerly 46.87 feet along said curve through a central angle of 19°40'23"to a point hereinafter referred to as Point "B". Said strip of land shall be 12.00 feet wide between Point of Beginning and said Point "A' and 7.00 feet wide between said Points"A" and"B". The easterly and northerly sideline of said strip shall be prolonged or shortened westerly to terminate in the course described hereinabove as "SOUTH 25.74 feet" and northerly to terminate in the boundary of said Tract No. 16758. Also excepting therefrom that portion described as follows: C E Beginning at a point on the boundary of said Tract No. 16758, distant thereon North 89°18'34" West i 327.90 feet from the northwest corner of Lot 1 of said Tract No. 16758; thence along the boundary of said tract North 89 018134" West 27.26 feet; thence South 18°11'30" West 12.58 feet; thence South 89°18'34" East 27.26 feet; thence North 18°11'30" East 12.58 feet to the Point of Beginning of said Exception. As shown on Exhibit "B" attached hereto and by reference made a part hereof. VAND m No. 8639 Robert L.Wheeler IV, L.S. No. 8639 Date: 6 `` Ll? 4A-5 OF CAL�FO Revised:January 4,2012 December 16,2011 WO No.22-16209CX Page 2 of 2 H&A Legal No. 7800 By: K. Vo Checked By: R.Williams EXHIBIT „B„ N89°57'07"W 295.06' -= Sketch to Accompany Legal Description -------- N89°18'34"W 395.59' o ' 389.66' '-- = I V-.� 327.90' o 34.50' - I ° �� P.O.B. B.. N18°11'30"E 12.58'-:' P.O.B. N18°11'30"E 12.58' ° / 32.71' EXCEPTION - 20.92' 440.54' - ,- --- 3 27.26'-- 441.00' S89°18'34"E 80.90' ----`"_-` 589°18'34"E o DETAIL "A" o Nw'LY COR. N.T.S. 0' IN LOT 30 t DETAIL "B" N.T.S. NW'LY COR. - .... .. LOT 1 ----- -- N89-18' 4'W 395.59,... � 389.66 TRENTINO - °° ' 327.90' __� C" / Q - 308.21' - -- 80.90' SOUTH 27.79' P.O.B. `89°18'34"E S77°13'15"E 13.50' EXCEPTION 12, S89°14'52"E 237.06' S45' 8'07"E 0.81' SEE DETAIL "A" HEREON - � J .. . O LINE TABLE U CD CIO / LINE BEARING LENGTH O N (� L1 S00°29'40"E 102.36' " ' " N - T ' L2 S05°12'07"W CURVE TABLE z CURVE DELTA RADIUS LENGTH o O C1 19°40'23" 136.50' 46.87' o CD J -,.,. ' I C2 38°58'33" 73.50' 50.00' REFERENCE LINE 12, - C3 57°42'56" 44.00' 44.32' C4 5°41'47" 823.50' 81.87' N05°27'52"E --- POINT "A" RAID SEE DETAIL "B" HEREON N89°25'55"W " I SOUTH 25.74' - '\\ ---- 81.86' ---;: P.O.B. POINT "B" --Cl _ 6) -N85°29'5_1"W N89'57'07'VV 295.06' N C2-- RAID - -= -S15°26'39"W 17.48' 440.54' ----- --- RAD -- ' ---� S89 018'34"E 441.00' ---- NW'LY CO R. N13°50'18'W RAID (R=73.5') f LOT 30 ( / 'S5"W RAD HUNSAKER & ASSOCIATES I R V I N E I N C LICENSE FOR LANDSCAPE MAINTENANCE PLANNING ■ ENGINEERING ■ SURVEYING Three Hughes - Irvine, CA 92618 - PH:(949)583.1010 - FX:(949)583.0759 IN THE CITY OF YORBA LINDA,COUNTY OF ORANGE,STATE OF CALIFORNIA DATE: 12/16/11 DATE 04/29/13 e' K. VO eyd R. WILLIAMS SCALE: 1"=80' W.O. 22-16209CX I:\YLCoI1ege\Id\7800\SHT01 .dwg H&A LEGAL No. 78001 SHEET 1 OF 1 SDH\30161.0019\365958.1 3/14/2013 EXHIBIT “2” EXHIBIT “2” DESIGNATED PUBLIC PROPERTY [SEE EXHIBITS “A” AND “B” ATTACHED TO THIS EXHIBIT “2”] EXHIBIT"A" LEGAL DESCRIPTION P C In the City of Yorba Linda, County of Orange, State of California,being a portion of the northwest one-quarter of Section 24, Township 3 South, Range 9 West, San Bernardino Meridian, as shown on a Record of Survey filed in Book 97, Pages 1 and 2, of Records of Survey in the office of the County Recorder of said County, described in parcels as follows: PARCEL A: Beginning at the southeast corner of Lot 28 of Tract No. 16766 as per map filed in Book 893, Pages 13 through 20, inclusive, of Miscellaneous Maps in the office of said County Recorder, said southeast corner being on a non-tangent curve concave northerly having a radius of 1060.00 feet, a radial line to said corner bears South 0°46'50" East, said curve being concentric with and northerly 20.00 feet from the northerly line of Lot "B" of said Tract No. 16766; thence along said concentric curve and continuing concentric with, parallel to and northerly 20.00 feet from said northerly line the following two courses: easterly 77.40 feet along said non-tangent curve through a central angle of 4°11'01" to a reverse curve concave southwesterly having a radius of 71.50 feet and easterly and southeasterly 89.28 feet along said curve through a central angle of 71°32'40" to a reverse curve concave northeasterly having a radius of 1135.00 feet; thence southeasterly 139.01 feet along said curve through a central angle of 7°01'02" to a compound curve concave northeasterly having a radius of 40.00 feet; thence southeasterly 10.21 feet along said curve through a central angle of 14°37'26"; thence tangent from said curve South 45°03'40" East 20.67 feet to a tangent curve concave northeasterly having a radius of 40.00 feet; thence southeasterly 12.14 feet along said curve through a central angle of 17°23'31"; thence non-tangent from said curve North 39°07'04" East 6.02 feet; thence North 7°57'08" West 161.70 feet; thence North 41°53'54" East 119.61 feet to the southeast corner of Lot 26 of said Tract No. 16766; thence along the southerly and easterly boundary of said Tract No. 16766 the following two courses: South 80°09'45" West 306.05 feet and South 14°51'48"West 9.27 feet to the Point of Beginning. Revised:January 4,2012 September 20,2006 W.O.22-16209AX Page 1 of 3 H&A Legal No.6789 Prepared by L Rush Checked by R.WilliamsJlr PARCEL B: Beginning at the most easterly corner of Lot "A" of Tract No. 16766 as per map filed in Book 893, Pages 13 through 20, inclusive, of Miscellaneous Maps in the office of said County Recorder, said southeast corner being on a non-tangent curve concave southwesterly having a radius of 51.50 feet, a radial line to said corner bears North 33°32'15" East, said curve being the easterly continuation of the northerly line of Lot "B" of said Tract No. 16766; thence southeasterly 29.70 feet along said easterly continuation through a central angle of 33°'02'34" to a reverse curve concave northeasterly having a radius of 1155.00 feet; thence southeasterly 141.46 feet along said curve through a central angle of 7°01'02" to a compound curve concave northeasterly having a radius of 60.00 feet; thence southeasterly 15.31 feet along said curve through a central angle of 14°37'26"; thence tangent from said curve South 45°03'40" East 20.67 feet to a tangent curve concave northeasterly having a radius of 60.00 feet; thence southeasterly and easterly 55.98 feet along said curve through a central angle of 53°27'25"; thence tangent from said curve North 81°28'55" East 29.22 feet to the easterly line of said northwest one-quarter; thence along said easterly line South 1°03'11" West 86.42 feet to the northerly boundary of Tract No. 16756 as per map filed in Book 884, Pages 15 through 21, inclusive, I of Miscellaneous Maps in the office of said County Recorder; thence along said northerly boundary the following six courses: North 88°54'31" West 20.67 feet to a point on a non-tangent curve concave southwesterly having a radius of 40.00 feet, a radial line to said point bears North 73°19'30" East, northwesterly 26.90 feet along said non-tangent curve through a central angle of 38°31'58", tangent from said curve North 55°12'28" West 36.43 feet to a tangent curve concave southwesterly having a radius of 30.00 feet, northwesterly 11.98 feet along said curve through a central angle 22°52'25" to a reverse curve concave northeasterly having a radius of 85.00 feet, westerly 21.05 feet along said curve through a central angle of 14°11'11" and non-tangent from said curve South 39°07'04" West 9.00 feet to the easterly boundary of said Tract No. 16766; thence leaving said northerly boundary and along said easterly boundary the following two courses: North 21°59'24" West 210.89 feet to a point on a non-tangent curve concave westerly having a radius of 40.00 feet, a Revised:January 4,2012 September 20,2006 W.O.22-16209AX Page 2 of 3 H&A Legal No.6789 Prepared by L Rush Checked by R.Wiliiams/lr radial line to said point bears South 73°43'19" East and northerly 32.58 feet along said non-tangent curve through a central angle of 46°39'44"to the Point of Beginning. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. LAND Sli Robert L.Wheeler IV,L.S.8639 Date: 0 �e zI L3 No. 8639 c OF CAL'FO I Revised:January 4,2012 September 20,2006 W.O.22-16209AX Page 3 of 3 H&A Legal No.6789 Prepared by L Rush Checked by R.Williams/lr EXHIBIT F"B" Sketch to Accompany Legal Description LINE TABLE LINE BEARING LENGTH N75'08'12"W 10.00' L2 S45'03'40"E 20.67' L3 N81'28'55"E 29.22' L4 S45'03'40"E 20.67' L5 N39'07'04"E 20.27' L6 N39'07'04"E 6.02' 00 .... ... L7 N39'07'04"E 26.30' Ln L8 N55°1 2'28"W 36.43' L9 S39-07'04"W 9.00' 00 0 4-57 52"\N ---RAO PR V) .09'45"\N 306,05, SBO Vi 0) ...... N D (R=51.5') RAD CIO N33'32 15"E RA 0') cl� C1 N66'34'49"E V) --------------- RAD PRC FS CO tv 78-47"3 RAD- 8,w PCL. A PRC -10 C) 19,986 S.F. P.O.B. PARCEL A P.O.B. PARCEL B ti� U, Lj o V) Oc� Ld <- c::L LU CURVE TABLE 5r N59'33'47"E RAD-PCC----- CURVE DELTA RADIUS LENGTH 2 CS C1 33'33'26" 98.00' 57.40' 'CP -C6 *25'59E C2 124'58'19" 40.00' 87.25' N31RA -----------"--- 536Q00 D C3 7001'02" 1155.00' 141.46' 676 2,;"2,5, C4 14'37'26" 60.00' 15.31' C5 13°30'21" 60.00' 14.14' 00 C6 C/S 39057'04" 60.00' 41.84' C7 33'02'34" 51.50' 29.70' C8 46'39'44" 40.00' 32.58' `ZPc�Q) C9 78'18'36" 40.00' 54.67' ........ CIO 4'11'01 1060.00' 77,40' CD co C11 71'32'40" 71.50' 89.28' �n < CN C12 7'01'02" 1135.00' 139.01' � 11 C13 14'37'26" 40.00', 10.21' 11< 0 C14 17°23'31" 40.00' 12.14' o LO C15 22'52'25" 30.00' 11.98' co C16 14'11'11" 85.00' 21.05' HUN SAKE R & ASSOCIATES LICENSE FOR I R V I N E , I N C . ACCESS AND LANDSCAPE PURPOSES PLANNING ■ ENGINEERING ■ SURVEYING Three Hughes • Irvine, CA 92618 • PH:(949)583-1010 • FX:(949)583-0759 IN THE CITY OF YORBA LINDA,COUNTY OF ORANGE,STATE OF CALIFORNIA DATE:: 9-19-06 ATE 0A4/29/13 D,,.P'T. V0 R. WILLIA SCALE: 1"= 80' W.O. 22-16209AX FILE 1:\YLCo11ege\1d\6789\SHT01 .dwg "H&A LEGAL No. 6789 1 SHEET 1 OF SDH\30161.0019\365958.1 3/14/2013 EXHIBIT “3” EXHIBIT “3” ACCESS EASEMENT AREA [SEE EXHIBITS “A” AND “B” ATTACHED TO THIS EXHIBIT “3”] EXHIBIT"A" LEGAL DESCRIPTION A strip of land, 20.00 feet wide, in the City of Yorba Linda, County of Orange, State of California, being all of Lot A of Tract No. 16766, as shown on a map filed in Book 893, Pages 13 through 20, inclusive, of Miscellaneous Maps, together with a portion of the northwest one-quarter of Section 24, Township 3 South, Range 9 West, San Bernardino Meridian, as shown on a Record of Survey filed in Book 97, Pages 1 and 2, of Records of Survey, both in the office of the County Recorder of said County, the northerly and northeasterly line of said strip described as a whole as follows: Beginning at the most westerly corner of said Lot A: thence along the northerly line of said lot and it's easterly continuation the following two (2) courses: easterly 29.25 feet through a central angle of 37°14'50" along a curve concave southerly having a radius of 45.00 feet, a radial line to the beginning of said curve bears North 33°40'22" West, to a reverse curve concave northerly having a radius of 1060.00 feet and easterly 157.97 feet along said curve through a central angle of 8°32'19" to a reverse curve concave southwesterly having a radius of 71.50 feet; thence southeasterly 89.28 feet along said curve through a central angle of 71°32'40" to a reverse curve concave northeasterly having a radius of 1135.00 feet; thence southeasterly 139.01 feet along said curve through a central angle of 7°01'02" to a compound curve concave northeasterly having a radius of 40.00 feet; thence southeasterly 10.21 feet along said curve through a central angle of 14°37'27"; thence South 45°03'40" East 20.67 feet to a curve concave northeasterly having a radius of 40.00 feet; thence southeasterly 12.14 feet along said curve through a central angle of 17°23'31". As shown on Exhibit"B" attached hereto and by this reference made a part hereof. SAND S� p C No. 8639 Robert L.Wheeler IV,L.S.No. 8639 Date: OF �FO Revised:August 29,2011 September 21,2006 W.O.22-16209AX Page 1 of 2 H&A Legal No.6791 Prepared by L Rush Checked by R.Williams/]r EXHIBIT "B" Sketch to Accompany Legal Description LINE TABLE LINE BEARING LENGTH L1 N45°03'40"W 20.67' L2 S27°32'49"W 20.00' RAD L3 S45°03'40"E 20.67' .• SO4°57'51"E P.O.B. NO3°34'28"E "RAD PRC RAD PRC om v C11 C10 lCl .S C1 C CID Lo Z N33°40'22"W RAD (R=45') i �'�, ° S26°13'08"W RAD (R=980') v S24030'53-"W--RAD-(R=980')----: C ;. S03°35'01"W RAD (R=1080') C7. . z J S59'-33'47"W ... ---- --------- , �� 'C6 w RAD PCC 0 CURVE TABLE CURVE DELTA RADIUS LENGTH C1 8°32'52" 1080.00' 161.12' C2 71°32'40" 51.50' 64.31' C3 7°01'02" 1155.00' 141.46' C4 14°37'27" 60.00' 15.31' C5 17°23'31" 60.00' 18.21' C6 17°23'31" 40.00' 12.14' C7 14°37'27" 40.00' 10.21' C8 7°01'02" 1135.OO'j 139.01' C9 71°32'40" 71.50' 89.28' C10 8°32'19" 1060.00' 157.97' C11 37°14'50" 45.00' 29.25' C12 1'42'15" 980.00' 29.15' © HUNSAKER & ASSOCIATES LICENSE FOR I R V I N E I N C ACCESS PURPOSES PLANNING ENGINEERING ■ SURVEYING Three Hughes • Irvine, CA 92618 • PH:(949)583.1010 • FX:(949)583.0759 IN THE CITY OF YORBA LINDA,COUNTY OF ORANGE;STATE OF CALIFORNIA DATE, oA;004/29/13 By'F VO BYd R. WILLIAMS SCALE: 1"= 80' W.O. 22-16209AX F77� I:\YLCollege\Id\6791\SHT01 .dwg I H&A LEGAL No. 6791 SHEET 1 OF 1 EXHIBIT “4” TERMS APPLICABLE TO USE OF DESIGNATED PUBLIC PROPERTY 1. Waiver of Claims and Indemnity: Association waives all claims against District and its directors, officers, officials, agents, employees, attorneys, consultants and volunteers (Covered Parties), for loss or damage caused by, arising out of, or in any way connected with the license rights granted to Association herein, and Association agrees to protect, save harmless, indemnify, and defend the Covered Parties from any and all loss, damage or liability which may be suffered or incurred by the Covered Parties caused by, arising out of, or in any way connected with the license rights granted herein, except for any loss, damage or liability arising out of the sole negligence of the Covered Parties. Association will further cause such indemnification and waiver of claims in favor of District to be inserted in each contract that Association executes for the provision of services in connection its entry onto the Public Property. 2. Contractors: Association shall incorporate the terms, conditions, and requirements contained herein when contracting out all or any portion of any work in the Public Property. Association shall be responsible for ensuring contractor/subcontractor compliance with terms and conditions contained herein. 3. Insurance Requirements: Prior to commencement of any access to or work in the Public Property, Associaton shall obtain or cause its contractor and subcontractor(s) to obtain all insurance required herein and provide proof thereof to District as required herein. Proof of insurance shall consist of Acord certificates, pertinent pages from the policies and endorsements effecting coverage required by this Agreement, showing the issuance of such insurance and other provisions required herein. Associaton shall require the contractor to make copies of the policies of insurance required by this Section available to District upon request. All insurance required herein shall be placed with insurers having a current A.M. Best rating of no less than “A-:VII” or equivalent or otherwise approved by the District. a) Liability insurance: i) General liability: $1,000,000 per occurrence, $2,000,000 general aggregate $2,000,000 completed operations aggregate ii) Automobile liability: $1,000,000 per accident combined single limit iii) Employer’s liability $1,000,000 Total liability limits shall be no less than three million dollars ($3,000,000) per occurrence/claim/or accident, through any combination of primary and excess or umbrella insurance policies and shall apply above the other liability policies, and “follow form” providing coverage at least as broad as coverage provided in the underlying policies. b) Property damage: property insurance at least as broad as the most commonly available special form policy with a limit of not less than $500,000. Said policy shall contain an endorsement naming District as loss payable and provide that payments for any losses be made to District and Association as co-payees and shall be used to repair, rebuild, restore or replace the insured property at District's direction for any damage resulting from Association’s actions or inactions. If payments are not used, they shall be made payable directly to the District for rebuilding or repair as necessary in the discretion of the District. c) Workers' Compensation limits shall be statutory as required by the Labor Code of the State of California. d) The policies specified herein are to contain, or be endorsed to contain, the following provisions: i) Named as Insureds – The Covered Parties are to be named as insureds on the Commercial General Liability Policy and the Automobile Policy. The coverage shall contain no special limitations on the scope of protection afforded to such named insureds. ii) Primary Insurance - The insurance coverage required herein, including any excess liability coverage, shall be primary insurance as respects the Covered Parties. Any insurance, pool coverage, or self-insurance maintained by Covered Parties shall be excess of the insurance required herein and shall not contribute to it. iii) Waiver of Subrogation – The Commercial General Liability insurer(s) and Worker’s Compensation insurer shall waive, by endorsement, all rights of subrogation against the Covered Parties or the policies shall specifically allow Association or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to loss. Association waives its right of recovery against the Covered Parties for damages covered by insurance required by this Exhibit. Association shall require similar written express waivers and insurance clauses from each of its contractors. iv) Thirty-Day Notice - Each insurance policy required herein shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior to written notice by certified mail, return receipt requested, has been given to District. 4. Reservation of Rights: District reserves the right to use the Public Property in any manner, provided such use does not unreasonably interfere with Association's license rights herein. 4833-8447-0803, v. 5 ITEM NO. 7.8 AGENDA REPORT Meeting Date: October 24, 2013 Budgeted:N/A To:Board of Directors Funding Source:N/A From:Steve Conklin, Acting General Manager Job No:J2011-20 Presented By:Steve Conklin, Acting General Manager Dept:Engineering Reviewed by Legal:Yes Prepared By:Ricardo Hipolito Jr., Engineering Tech II CEQA Compliance:N/A Subject:Quitclaim Deed for 18151 Catalina Court SUMMARY: Residents at 18151 Catalina Court, Mr. & Mrs. William Akers, requested the District to quitclaim a portion of an existing 15-foot wide easement that includes an abandoned waterline. Staff investigated this request and recommends execution of the Quitclaim Deed, as attached. STAFF RECOMMENDATION: That the Board of Directors authorize the President and Secretary to execute a Quitclaim Deed to Mr. & Mrs. William Akers for abandoning the northerly 59.31 feet of the 15-foot wide District easement, as Instrument No. 20010763330 of Official Records of Orange County. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this matter at its October 7, 2013 meeting and supports staff's recommendation. DISCUSSION: On October 29, 2001 the District was granted a 15-foot wide easement within the northerly property of 18151 Catalina Court, currently owned by Mr. & Mrs. William Akers. The Akers' requested staff to investigate the feasibility of providing a quitclaim for a portion of the District's easement so they can construct a swimming pool. The District recently installed approximately 200 feet of 10-inch water main, north of the Akers' property, as part of the on-going 2012 Waterline Replacement, Phase II Project (J2011-20). The existing 10-inch water main within the 15-foot easement quitclaim area was constructed in 1931 and was abandoned in-place as part of the J2011-20 project. An exhibit depicting the location of the project along with a detailed meets-and bounds description are attached for your review. Staff reviewed the owner's request and determined that abandonment of this portion of the easement will not unduly hinder the District's ability to properly operate, maintain and replace the existing water facilities. District Counsel recommends that the attached Quitclaim Deed, with a Waiver and Release, be signed by the tenants to waive claims related to potential interference, removal, or damage from the abandoned water main. ATTACHMENTS: Name:Description:Type: Quitclaim_Deed_-_18151_Catalina_Court.pdf Backup Material Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/24/2013 RC/RK 5-0 RECORDING REQUESTED BY: Yorba Linda Water District WHEN RECORDED, MAIL TO: [Name and Address of Transferee] William and Grace Akers 18151 Catalina Court Yorba Linda, CA 92886 THIS SPACE FOR RECORDER'S USE ONLY FREE GOVERNMENT RECORDING PURSUANT TO GOVERNMENT CODE SEC. 6103 AND 27383 QUITCLAIM DEED For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Yorba Linda Water District (“Transferor”) does remise, release, and forever quitclaim to William Akers and Grace Akers (“Transferee”), all right, title, and interest Transferor has in the real property described and depicted in Exhibits A and B, respectively, attached hereto and incorporated herein by reference (the “Quitclaim Area”) and a below grade waterline, materials and appurtenances (collectively referred to as the “Facilities”) in the Quitclaim Area. WAIVER AND RELEASE: Transferee does hereby and forever discharge, release and hold harmless Transferor and its directors, officers, employees, consultants and authorized volunteers from any and all liability, claims and demands of whatever kind or nature, either in law or equity, which arise or may hereafter arise, either directly or indirectly as a result of the Facilities in the Quitclaim Area or Transferee’s use of the Quitclaim Area. ASSUMPTION OF RISK: Transferor makes no representation or warranty whatsoever, express or implied, as to the condition of the Quitclaim Area, or its suitability or sufficiency for the Transferee’s intended uses and purposes. Transferee understands and acknowledges that Transferor has abandoned the Facilities in the Quitclaim Area and that the Facilities could potentially interfere with Transferee’s use of the Quitclaim Area and Transferee hereby agrees to assume all risk associated with its use of the Quitclaim Area. Executed as of October 24, 2013 YORBA LINDA WATER DISTRICT TRANSFEREE By: __________________________ By: __________________________ Name: Steve Conklin, P.E. Name: William Akers Title: Acting General Manager Title: Property Owner By: __________________________ Name: Grace Akers Title: Property Owner [MUST BE NOTARIZED] Exhibit A [LEGAL DESCRIPTION] PARCEL 3 IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 3 OF THE LAND DESCRIBED IN THE DEED OF EASEMENT TO YORBA LINDA WATER DISTRICT, RECORDED OCTOBER 29, 2001, AS INSTRUMENT NO. 20010763330 OF OFFICIAL RECORDS OF SAID COUNTY, BEING A PORTION OF SAID EASEMENT LYING WITHIN LOT 22 OF TRACT NO. 15611 AS SHOWN ON A MAP RECORDED IN BOOK 814, PAGES 47 THROUGH 49 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 22; THENCE ALONG THE SOUTHEAST LINE OF SAID LOT SOUTH 89º40’58” EAST 30.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89º40’58” EAST 59.55 FEET; TO THE SOUTHWESTERLY LINE OF PARCEL 3 OF SAID EASEMENT DEED; THENCE SOUTH 01º15’23” WEST 15.00 FEET; THENCE ALONG THE NORTHWESTERLY LINE OF SAID EASEMENT; THENCE NORTH 89º40’58” WEST 59.31 FEET; THENCE NORTH 00º20’23” EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 891 SQUARE FEET OR 0.0188 ACRES OR LESS. AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF. I BRATTAfNDR I � I �I BEARING DISTANCE 1� S 89'40'58" E w l_ 20.00' S 89'40'58" E 59.55' 3� MI ' 15.00' ® N 89'40'58" W 59.31' �I I TR. N 17079 M.M. 8 8/24-31 oll ZI EXISTING 20 FOOT WATERLINE EASEMENT_"�'�� I NEW 10" WATERMAIN PER INSTRUMENT NO. 2007000151842 BK. LOT B 888 PAGE 24-31 O.R. I EX.10" WATERMAIN I I ABANDONED 10" TO REMAIN -_ T.P.O.B. I I WATERMAIN 0 LOT C N 89.40'58" W ., 1.0CIP.,- }r EXISTING 20 FOOT WATERLINE EASEMENT,-- 5 ' ------------ 3 -- --------- --- j---- TO YLWD O.R. PER INSTRUMENT \\ 15 431 � j NO. 20010763330 PORTION OF PARCEL 3 \I I _ EXISTING 15'PIPELINE EXISTING 15 FOOT WATERLINE EASEMENT `--�"- TR. N0. 15,311 5.00' w EASEMENT TO YLWD PER BK. 190 PAGE 4-5 O.R. TO REMAIN I O.R.INSTRUMENT NO. PARCEL 1 M.M. 814/47-49 20.00' 0 20010763330 TO BE rn LOT -22 w QUITCLAIMED PARCEL MAP N0. 83-1089 LOT 21 1 0 J Z � n N k CATALINA / - COURT /, N C-) r m 00 0 PREPARED BY: EXHIBIT B SCALE: AS-NOTED YORBA LINDA WATER DISTRICT 18151 CATALINA COURT DATE: 10/24/2013 1717 E. MIRALOMA AVENUE EASEMENT QUITCLAIM PLACENTIA, CALIFORNIA 92870 FILENAME: (714) 701-3100 J2011-20 BEARING DISTANCE 1� S 89'40'58" E 30.35' �2 S 89'40'58" E 59.55' 3� S 01'15'23" W 15.00' ® N 89'40'58" W 59.31' (5 N 00'20'23" E 15.00' N C-) r m 00 0 PREPARED BY: EXHIBIT B SCALE: AS-NOTED YORBA LINDA WATER DISTRICT 18151 CATALINA COURT DATE: 10/24/2013 1717 E. MIRALOMA AVENUE EASEMENT QUITCLAIM PLACENTIA, CALIFORNIA 92870 FILENAME: (714) 701-3100 J2011-20 ITEM NO. 7.9 AGENDA REPORT Meeting Date: October 24, 2013 Budgeted:N/A To:Board of Directors Funding Source:N/A From:Steve Conklin, Acting General Manager Presented By:Steve Conklin, Acting General Manager Dept:Engineering Reviewed by Legal:N/A Prepared By:Ricardo Hipolito Jr., Engineering Tech II CEQA Compliance:N/A Subject:Quitclaim Deed and Relocation of Easement for 4830 Roosevelt Court SUMMARY: Residents at 4830 Roosevelt Court, Mr. & Mrs. Mike Minnick, requested the District to quitclaim and relocate an existing 15-foot wide easement, as depicted on the attached exhibit. Staff recommends execution of the Quitclaim and Easement Deed. STAFF RECOMMENDATION: That the Board of Directors: (1) authorize the President and Secretary to execute a Quitclaim Deed to Mr. & Mrs. Mike Minnick for abandoning the southerly 15-foot wide District easement in Book 863, Pages 22 to 25 of Official Records of Orange County; and (2) authorize execution of an Easement Deed within the actual pipeline alignment within the same property. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this matter at its October 7, 2013 meeting and supports staff's recommendation. DISCUSSION: On November 24, 2004, the District was granted a 15-foot wide easement within lot 10 of Tract No. 16513, currently owned by Mr. & Mrs. Mike Minnick. The District currently maintains and operates an existing 8-inch water pipeline without a dedicated easement located at the northerly property line of lot 10. The 8-inch water pipeline connects from Roosevelt Court to Park Avenue. Therefore, the property owner at 4830 Roosevelt requested that the District abandon this 15-foot wide easement so they construct a patio cover while agreeing to grant the District a new easement as shown on the attached exhibit. Staff reviewed the owner's request and determined that the existing 15-foot wide easement is not required and that the abandonment of this easement will not unduly hinder any future plans to construct a water main. ATTACHMENTS: Name:Description:Type: Exhibit-B.pdf Exhibit: Quitclaim-Easement Backup Material 4830_Roosevelt_Court_-_Quitclaim_Deed.pdf Quitclaim Deed Backup Material Deed_of_Easement_-_4830_Roosevelt_Court.pdf Deed of Easement Backup Material 4830_Roosevelt_Court_-_Quitclaim_Deed_ (Revised).pdf Backup Material Distributed Less Than 72 Hours Prior to the Meeting Backup Material Deed_of_Easement_-_4830_Roosevelt_Court_ (Revised).pdf Backup Material Distributed Less Than 72 Hours Prior to the Meeting Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/24/2013 MB/PH 5-0 LEMON DRIVE i PROPOSED YLWD WATERLINE iRAC 165 3 EASEMENT y TRUMA N WAY ----I--- PROPOSED I PATIO COVER \\ i EASEMENT TO LOT 10 BE QUITCLAIMED i --�J EXIST. I I j RESIDENCE � I i L----------- 0 I � UI I m I I I I �I JI � I � i W , I / WI , /Vcr ) J I I 0 O I I i a: LOCATION MAP PREPARED BY: SCALE: EXHIBIT AS-NOTED YORBA LINDA WATER DISTRICT QUITCLAIM EASEMENT DATE: 1717 E. MIRALOMA AVENUE FOR 10-07-13 PLACENTIA, CALIFORNIA 92870 4830 ROOSEVELT COURT FILENAME: (714) 701-3000 RECORDING REQUESTED BY: Yorba Linda Water District WHEN RECORDED, MAIL TO: [Name and Address of Transferee] Mike Minnick and Kathryn Minnick 4830 Roosevelt Court Yorba Linda, CA 92886 THIS SPACE FOR RECORDER'S USE ONLY FREE GOVERNMENT RECORDING PURSUANT TO GOVERNMENT CODE SEC. 6103 AND 27383 QUITCLAIM DEED J-200318 For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Yorba Linda Water District (“Transferor”) does remise, release, and forever quitclaim to Mike Minnick and Kathryn Minnick, husband and wife, as joint tenants (“Transferee”) all right, title, and interest Transferor has in the real property described and depicted in Exhibits “A” and “B”, respectively, attached hereto and incorporated herein by reference (the “Quitclaim Area”). WAIVER AND RELEASE: Transferee does hereby and forever discharge, release and hold harmless Transferor and its directors, officers, employees, consultants and authorized volunteers from any and all liability, claims and demands of whatever kind or nature, either in law or equity, which arise or may hereafter arise, either directly or indirectly as a result of Transferee’s use of the Quitclaim Area. [INTENTIONALLY BLANK] ASSUMPTION OF RISK: Transferor makes no representation or warranty whatsoever, express or implied, as to the condition of the Quitclaim Area, or its suitability or sufficiency for Transferee’s intended uses and purposes. Transferee hereby agrees to assume all risk associated with its use of the Quitclaim Area. Executed as of October 24, 2013 YORBA LINDA WATER DISTRICT TRANSFEREE By: __________________________ By: __________________________ Name: Steve Conklin, P.E. Name: Mike Minnick Title: Acting General Manager Title: Property Owner By: __________________________ Name: Kathryn Minnick Title: Property Owner [MUST BE NOTARIZED] Exhibit A [LEGAL DESCRIPTION] PARCEL 1 BEING A FIFTEEN (15) FOOT WIDE EASEMENT FOR WATERLINE PURPOSES DEDICATED TO THE YORBA LINDA WATER DISTRICT LYING WITHIN LOT 10 OF TRACT NO. 16513, AS FIELD IN BOOK 863, PAGES 22 THROUGH 25 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY CORNER OF LOT 10 THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID LOT 10, NORTH 05º44’22” WEST 53.83 FEET; THENCE NORTH 03º13’55” EAST 5.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40º43’04” WEST 10.89 FEET; THENCE NORTH 73º47’07: WEST 4.90 FEET; THENCE LEAVING THE NORTHERLY LINE OF LOT 10 SOUTH 49º16’56” WEST 11.65 FEET; THENCE NORTH 87º16’25” WEST 50.29 FEET; THENCE SOUTH 53º09’52” WEST 3.85 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 45.00; A RADIAL LINE THROUGH SAID POINT OF BEGINNING BEARS NORTH 71º20’20” EAST, THROUGH A CENTRAL ANGLE OF 18º34’48”, AN ARC DISTANCE OF 14.59 FEET; THENCE SOUTH 87º16’25” EAST 51.91 FEET; THENCE NORTH 49º16’56” EAST 20.30 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1042 SQUARE FEET OR 0.0239 ACRES OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT “B” ATTACHED HERETO AND HEREBY MADE A PART HEREOF. — — — — — ------------- -------------- — — — — — LEMON DRIVE v. ------------ -------------- -- 106 9 \ \ w �� o 12 o EXIST.15'WIDE \ \ EASEMENT DEDICATED w o dam- TO YLWD PER TRACT 16513 ; z z INSTRUMENT NO. �o. o in 2004000702885 O.R. \ � o I/ �o / \ z po �' \ \1 \ ,\-w I / \ 99 N40°43'04"W TRUMAN WAY L3 L2 i yi 10.89' \ T.P.O.B. \ ��4 C1 \ \ 1 \\ \ \T\\,\ � 50 13'55"E 0.35 N871' — 1 0 CURVE TABLE N1 6 25 W 67.41' cn P Rp0 C2 4 i CURVE DELTA RADIUS LENGTH Cl 18'34'48" 1 45.00 14.59' N C2 18'16'22" 45.00 14.35' 15 WIDE N EASEMENT Z:) LOT 10 *' � LINE TABLE 00 DEDICATED FOR J LINE BEARING DISTANCE WATER PURPOSES U 00 �I° a N73'47'07"W 4.90' TO BE QUITCLAIM J L2 S49'16'S6"W 50.29 I .I L3 N87'16'25"W 50.29' W N87°16'25"W 71.54' L4 S53'09'52"W 3.85' L5 S87'16'25"E 51.91' cn W ; I L6 N49'16'56"E 20.30' O SE'LY CORNER II OF LOT 10 n' O P.O.B. o rr PREPARED BY: SCALE: EXHIBIT "B" AS-NOTED YORBA LINDA WATER DISTRICT QUITCLAIM EASEMENT DATE: 1717 E. MIRALOMA AVENUE FOR 10-24-13 PLACENTIA, CALIFORNIA 92870 4830 ROOSEVELT COURT FILENAME: (714) 701-3000 RECORDING REQUESTED BY: Yorba Linda Water District WHEN RECORDED, MAIL TO: Yorba Linda Water District Attn: General Manager P.O. Box 309 Yorba Linda, CA 92885-0309 THIS SPACE FOR RECORDER'S USE ONLY FREE GOVERNMENT RECORDING PURSUANT TO GOVERNMENT CODE SEC. 6103 AND 27383 AND EXEMPT FROM TAX PURSUANT TO REVENUE AND TAX CODE SEC. 11922 DEED OF EASEMENT Job No. 200318 Mike Minnick and Kathryn Minnick, husband and wife as joint tenants. OWNER(s) of the hereinafter described strip(s) of land in Orange County, California, for good and valuable consideration, receipt of which is hereby acknowledged, do hereby grant to Yorba Linda Water District, a public corporation, and its successors exclusive perpetual easements in, on, over, under, across and through said strip(s) of land to install, construct, reconstruct, remove, inspect, maintain, repair, replace, improve, relocate a pipeline or pipelines with incidental appurtenances and connections in, on and under said strip(s) of land and to use said pipeline or pipelines, appurtenances and connections for Yorba Linda Water District purposes, including, but not limited to, the distribution and use of water for irrigation and domestic purposes, and for the collection and transmission of waste water, storm water and/or sewage, together with reasonable rights of entry to said strip(s) of land for the exercise of the rights herein granted. Grantors for themselves and their successors in ownership of said strip(s) of land hereby acknowledge that use of any part or all of the below grade portion of said strip(s), or the adjoining lands for fences, structures, trees and other things now and hereafter on any part of said strip(s) constituting an interference with the exercise of any of the easements and rights granted by this deed exist and will continue to exist by permission of the Yorba Linda Water District and its successors, and not adversely to any of said easements and each successor in interest of the grantors by acceptance of a conveyance of said strip(s) of land, admits and agrees that any such use is a continuing permissive use. Said strip(s) of land is (are) described as follows: The real property described in Exhibit “A” and shown on Exhibit “B” attached hereto, and by this reference made a part hereof. WITNESS (my) (our) hand(s) the date following our signatures below: (If a corporation, the corporate seal shall be affixed near the signatures of the duly authorized officers) (ALL SIGNATURES SHALL BE NOTARIZED). Mike Minnick and Kathryn Minnick Owner By Name: Mike Minnick Date Title: Owner By Name: Kathryn Minnick Date Title: Owner CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Deed of Easement dated , 20___, from Mike Minnick and Kathryn Minnick to Yorba Linda Water District, a public corporation and/or governmental agency is hereby accepted by order of the Board of Directors on September 25, 1961 and the grantee consents to recordation thereof by its duly authorized officer. Approved as to Form: YORBA LINDA WATER DISTRICT Kidman Law, LLP Arthur G. Kidman Steve Conklin, P.E. General Counsel Acting General Manager Date Date EXHIBIT “A” EASEMENT FOR PIPELINE PURPOSES LEGAL DESCRIPTION: IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A STRIP OF LAND FIFTEEN (15) WIDE LYING WITHIN LOT 10 OF TRACT NO. 16513, AS FILED IN BOOK 863 PAGES 22 THROUGH 25 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT ON THE SOUTHEASTERLY CORNER OF LOT 10 THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID LOT 10, NORTH 05º44’22” WEST 53.83 FEET; THENCE NORTH 03º13’55” EAST 5.72 FEET; THENCE NORTH 40º43’04” WEST 10.89 FEET; THENCE NORTH 73º47’07” WEST 43.99 FEET; THENCE SOUTH 53º09’52” WEST 30.75 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE THROUGH SAID POINT OF BEGINNING BEARS NORTH 72º38’09” EAST, THROUGH A CENTRAL ANGLE OF 19º28’12”, AN ARC DISTANCE OF 15.29 FEET; THENCE LEAVING SAID POINT NORTH 53º09’52” EAST 25.83 FEET; THENCE SOUTH 73º47’07” EAST 39.74 FEET; THENCE NORTH 49º16’56” EAST 10.81 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1103 SQUARE FEET OR 0.0253 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF. ------------------ — — — — — — — — LEMON DRIVE ------------ IC6 9� \ w I n o EXIST.15'WIDE EASEMENT DEDICATED o TO YLWD PER TRACT 16513 � !z z INSTRUMENT NO. o in I 2004000702885 O.R. c`nn y'� �0, / ,I y 90 N 40°43'04"W 1 10.89' \ TRUMAN WAY 1 X 1 \ C1 rNO3°13'55"E /�h guE L3 N87'16'25"W 671.41o�i 10 5.72' CURVE TABLE C2 I CURVE DELTA RADIUS LENGTH Cl 19°28'12" 1 45.00 1 15.29' 15' WIDE WATERLINE , N c2 1s 1s'22" 1 45.00 1 14.35' EASEMENT TO YLWD I LOT 10 _I� I LINE TABLE O i 00 W IJO I LINE BEARING DISTANCE LI N53.09'52"E 25.83' U i N Iii L2 S73.47'07"E 39.74' L3 N49.16'56"E 10.81' J ' N87°16'25"W 71.54' � i w SE'LY CORNER OF LOT 10 O P.O.B. O rr i t PREPARED BY: SCALE: EXHIBIT "B" AS-NOTED YORBA LINDA WATER DISTRICT EASEMENT DEED DATE: 1717 E. MIRALOMA AVENUE FOR 10-24-13 PLACENTIA, CALIFORNIA 92870 4830 ROOSEVELT COURT FILENAME: (714) 701-3000 RECORDING REQUESTED BY: Yorba Linda Water District WHEN RECORDED, MAIL TO: [Name and Address of Transferee] Mike E. Minnick and Merissa A. Minnick 4830 Roosevelt Court Yorba Linda, CA 92886 THIS SPACE FOR RECORDER'S USE ONLY FREE GOVERNMENT RECORDING PURSUANT TO GOVERNMENT CODE SEC. 6103 AND 27383 QUITCLAIM DEED J-200318 For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Yorba Linda Water District (“Transferor”) does remise, release, and forever quitclaim to Mike E. Minnick and Merissa A. Minnick, husband and wife, as joint tenants (“Transferee”) all right, title, and interest Transferor has in the real property described and depicted in Exhibits “A” and “B”, respectively, attached hereto and incorporated herein by reference (the “Quitclaim Area”). WAIVER AND RELEASE: Transferee does hereby and forever discharge, release and hold harmless Transferor and its directors, officers, employees, consultants and authorized volunteers from any and all liability, claims and demands of whatever kind or nature, either in law or equity, which arise or may hereafter arise, either directly or indirectly as a result of Transferee’s use of the Quitclaim Area. [INTENTIONALLY BLANK] REVISED ASSUMPTION OF RISK: Transferor makes no representation or warranty whatsoever, express or implied, as to the condition of the Quitclaim Area, or its suitability or sufficiency for Transferee’s intended uses and purposes. Transferee hereby agrees to assume all risk associated with its use of the Quitclaim Area. Executed as of October 24, 2013 YORBA LINDA WATER DISTRICT TRANSFEREE By: __________________________ By: __________________________ Name: Steve Conklin, P.E. Name: Mike E. Minnick Title: Acting General Manager Title: Property Owner By: __________________________ Name: Merissa A. Minnick Title: Property Owner [MUST BE NOTARIZED] REVISED Exhibit A [LEGAL DESCRIPTION] PARCEL 1 BEING A FIFTEEN (15) FOOT WIDE EASEMENT FOR WATERLINE PURPOSES DEDICATED TO THE YORBA LINDA WATER DISTRICT LYING WITHIN LOT 10 OF TRACT NO. 16513, AS FIELD IN BOOK 863, PAGES 22 THROUGH 25 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY CORNER OF LOT 10 THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID LOT 10, NORTH 05º44’22” WEST 53.83 FEET; THENCE NORTH 03º13’55” EAST 5.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40º43’04” WEST 10.89 FEET; THENCE NORTH 73º47’07: WEST 4.90 FEET; THENCE LEAVING THE NORTHERLY LINE OF LOT 10 SOUTH 49º16’56” WEST 11.65 FEET; THENCE NORTH 87º16’25” WEST 50.29 FEET; THENCE SOUTH 53º09’52” WEST 3.85 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 45.00; A RADIAL LINE THROUGH SAID POINT OF BEGINNING BEARS NORTH 71º20’20” EAST, THROUGH A CENTRAL ANGLE OF 18º34’48”, AN ARC DISTANCE OF 14.59 FEET; THENCE SOUTH 87º16’25” EAST 51.91 FEET; THENCE NORTH 49º16’56” EAST 20.30 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1042 SQUARE FEET OR 0.0239 ACRES OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT “B” ATTACHED HERETO AND HEREBY MADE A PART HEREOF. REVISED REVISED RECORDING REQUESTED BY: Yorba Linda Water District WHEN RECORDED, MAIL TO: Yorba Linda Water District Attn: General Manager P.O. Box 309 Yorba Linda, CA 92885-0309 THIS SPACE FOR RECORDER'S USE ONLY FREE GOVERNMENT RECORDING PURSUANT TO GOVERNMENT CODE SEC. 6103 AND 27383 AND EXEMPT FROM TAX PURSUANT TO REVENUE AND TAX CODE SEC. 11922 DEED OF EASEMENT Job No. 200318 Mike E. Minnick and Merissa A. Minnick, husband and wife as joint tenants. OWNER(s) of the hereinafter described strip(s) of land in Orange County, California, for good and valuable consideration, receipt of which is hereby acknowledged, do hereby grant to Yorba Linda Water District, a public corporation, and its successors exclusive perpetual easements in, on, over, under, across and through said strip(s) of land to install, construct, reconstruct, remove, inspect, maintain, repair, replace, improve, relocate a pipeline or pipelines with incidental appurtenances and connections in, on and under said strip(s) of land and to use said pipeline or pipelines, appurtenances and connections for Yorba Linda Water District purposes, including, but not limited to, the distribution and use of water for irrigation and domestic purposes, and for the collection and transmission of waste water, storm water and/or sewage, together with reasonable rights of entry to said strip(s) of land for the exercise of the rights herein granted. Grantors for themselves and their successors in ownership of said strip(s) of land hereby acknowledge that use of any part or all of the below grade portion of said strip(s), or the adjoining lands for fences, structures, trees and other things now and hereafter on any part of said strip(s) constituting an interference with the exercise of any of the easements and rights granted by this deed exist and will continue to exist by permission of the Yorba Linda Water District and its successors, and not adversely to any of said easements and each successor in interest of the grantors by acceptance of a conveyance of said strip(s) of land, admits and agrees that any such use is a continuing permissive use. Said strip(s) of land is (are) described as follows: The real property described in Exhibit “A” and shown on Exhibit “B” attached hereto, and by this reference made a part hereof. REVISED WITNESS (my) (our) hand(s) the date following our signatures below: (If a corporation, the corporate seal shall be affixed near the signatures of the duly authorized officers) (ALL SIGNATURES SHALL BE NOTARIZED). Mike E. Minnick and Merissa A. Minnick Owner By Name: Mike E. Minnick Date Title: Owner By Name: Merissa A. Minnick Date Title: Owner CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Deed of Easement dated , 20___, from Mike E. Minnick and Merissa A. Minnick to Yorba Linda Water District, a public corporation and/or governmental agency is hereby accepted by order of the Board of Directors on September 25, 1961 and the grantee consents to recordation thereof by its duly authorized officer. Approved as to Form: YORBA LINDA WATER DISTRICT Kidman Law, LLP Arthur G. Kidman Steve Conklin, P.E. General Counsel Acting General Manager Date Date REVISED EXHIBIT “A” EASEMENT FOR PIPELINE PURPOSES LEGAL DESCRIPTION: IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A STRIP OF LAND FIFTEEN (15) WIDE LYING WITHIN LOT 10 OF TRACT NO. 16513, AS FILED IN BOOK 863 PAGES 22 THROUGH 25 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT ON THE SOUTHEASTERLY CORNER OF LOT 10 THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID LOT 10, NORTH 05º44’22” WEST 53.83 FEET; THENCE NORTH 03º13’55” EAST 5.72 FEET; THENCE NORTH 40º43’04” WEST 10.89 FEET; THENCE NORTH 73º47’07” WEST 43.99 FEET; THENCE SOUTH 53º09’52” WEST 30.75 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE THROUGH SAID POINT OF BEGINNING BEARS NORTH 72º38’09” EAST, THROUGH A CENTRAL ANGLE OF 19º28’12”, AN ARC DISTANCE OF 15.29 FEET; THENCE LEAVING SAID POINT NORTH 53º09’52” EAST 25.83 FEET; THENCE SOUTH 73º47’07” EAST 39.74 FEET; THENCE NORTH 49º16’56” EAST 10.81 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1103 SQUARE FEET OR 0.0253 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF. REVISED REVISED ITEM NO. 8.1 AGENDA REPORT Meeting Date: October 24, 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 Subject:Annexation Response Letter to the City of Placentia SUMMARY: On October 2, 2013, the City of Placentia sent a letter to the Orange County Water District expressing its opposition to the proposed annexations by the City of Anaheim, YLWD and IRWD to the Orange County Water District. A copy of that letter is attached. On the evening of October 2, the OCWD Board approved the annexations. In the October 14, 2013 City of Placentia/YLWD Joint Agency Committee Meeting, the letter and conditions relating to annexation were discussed. At the conclusion of that discussion it was agreed by the Joint Committee that YLWD would provide a letter responding to Placentia's issues and concerns. A copy of the draft response letter is attached for consideration. STAFF RECOMMENDATION: That the Board of Directors provide review comments and authorize the Acting General Manager to submit the response letter to the City of Placentia. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee reviewed the draft letter at its meeting on October 15, 2013 and supports staff's recommendation. ATTACHMENTS: Name:Description:Type: Placentia_s_Annex_Op_Ltr.pdf Placentia Letter Backup Material Annex_Resp_Ltr_to_Placentia.docx Response Letter to Placentia Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/24/2013 PH/GM 3-2 MB and RC voted No. October 15, 2013 DRAFT Mr. Troy Butzlaff, City Administrator City of Placentia 401 East Chapman Avenue Placentia, CA 92870 Re: Annexations by City of Anaheim, Irvine Ranch Water District and Yorba Linda Water District to Orange County Water District Dear Mr. Butzlaff, This is in response to your letter of October 2, 2013 to Mr. Shawn Dewane, President of the Board of Directors of the Orange County Water District, regarding the above annexations. Based on information provided by Golden State Water Company (GSWC), you expressed concern in your letter regarding the cost-impact of those annexations on GSWC. You referenced information provided by GSWC indicating that Placentia residents will eventually bear the costs of annexation in terms of increased water rates and reduced water supply availability because the annexing agencies are not being required to mitigate for the costs. I offer the following information on behalf of the Yorba Linda Water District (YLWD): First, let me say that YLWD is vitally concerned with the cost of water and the rates charged to our customers. Our water rate is comparable to other public retail water providers in Orange County, and consistently lower than that of GSWC. As you may know, YLWD has 2879 customers in the City of Placentia, who, like all of our customers, deserve the best quality water that we can provide at an economical price. Secondly, contrary to the information provided by GSWC, all three of the annexing agencies are required to mitigate for the potential costs associated with the annexations. These mitigation conditions were identified and developed in six meetings over three months that included representatives from each of the 19 large groundwater producing agencies that are part of OCWD. Included in those meetings were representatives from GSWC. Those meetings resulted in conditions that each of the three annexing agencies agreed to and were included in formal agreements with each of the three annexing agencies and OCWD. It should be noted that at the concluding meeting of the groundwater producers, there was a vote, and all those present, except for GSWC, voted that these mitigation conditions resulted in “cost-neutrality.” That is, all the groundwater producers (except for GSWC) agreed that the annexations would have a neutral impact on the cost of groundwater with these offsetting conditions in place. Those agreements were subsequently approved by a unanimous vote of the OCWD of Directors, including the directors representing the areas served by GSWC. Finally, the Board of Directors of the Orange County Water District approved an Annexation Policy in 1986 that was later reexamined and reaffirmed by the Board in 1999 and 2003 that Mr. Troy Butzlaff October 15, 2013 Page 2 was established to accommodate all long-term groundwater producers and provides uniformity of cost and access to groundwater for all such producers. Furthermore, the Policy is consistent with OCWD’s Basin Management Policies that include: all groundwater producers treated equally, all producers have uniform water supply cost, the cost of extraction charged by OCWD is the same for all producers, and all producers have equal access to the groundwater basin. YLWD’s annexation request (as well as that of Anaheim and IRWD) is in compliance and conformance with all of the policy conditions described. As such, the annexation applications for the three agencies were unanimously approved by the OCWD Board. This is no more and no less than the same rights to the groundwater basin currently enjoyed by GSWC. I hope that this information clears up any concerns that you had previously noted in your letter. Please feel free to contact me should you have any other questions or concerns regarding this annexation. Sincerely, Steve Conklin Acting General Manager ITEM NO. 8.2 AGENDA REPORT Meeting Date: October 24, 2013 Budgeted:Yes Total Budget:$1,750,000 To:Board of Directors Cost Estimate:$70,000 Funding Source:Water Capital Reserves From:Steve Conklin, Acting General Manager Job No:J2009-22#21 Presented By:Steve Conklin, Acting General Manager Dept:Engineering Reviewed by Legal:Pending Prepared By:Steve Conklin, Acting General Manager CEQA Compliance:Pending Subject:Construction of Well 21 Pump-to-Waste Outlet Structure SUMMARY: OCWD staff requested that the erosion control facilities into OCWD's Conrock Basin for discharge from the planned Well 21 pump-to-waste line be constructed as soon as possible, while Conrock is near empty. YLWD staff quickly responded, had plans prepared and approved by OCWD, and solicited bids from three contractors who have performed well for YLWD. Bids will be received on Oct 22. Staff will present results and recommendations for award for construction. STAFF RECOMMENDATION: Subject to review of the bids received, staff recommends that the Board of Directors approve award of the construction of Well 21 Pump-to-Waste Discharge Outlet Structure, Contract J2009-22. COMMITTEE RECOMMENDATION: Staff briefed the Planning-Engineering-Operations Committee on October 7, 2013 of this impending project and the request by OCWD that it be constructed as soon as possible. ATTACHMENTS: Name:Description:Type: BOD_Construction_of_Well_21_Pump-to- Waste_Outlet_Structure_10242013.pdf Revised Agenda Report Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/24/2013 PH/RK 5-0 ITEM NO. 8.3 AGENDA REPORT Meeting Date: October 24, 2013 Budgeted:No Total Budget:0 To:Board of Directors Cost Estimate:$1,500 Funding Source:Sewer Operating Fund From:Steve Conklin, Acting General Manager Account No:2-2010-0640-00 Presented By:Steve Conklin, Acting General Manager Dept:Administration Reviewed by Legal:No Prepared By:Cindy Botts, Management Analyst CEQA Compliance:N/A Subject:Invitation to Join the California Association of Sanitation Agencies (CASA) SUMMARY: The California Association of Sanitation Agencies (CASA) is the leading statewide organization representing local public wastewater agencies. They provide a broad range of services to members, including federal and state legislative advocacy, review and comment on proposed water quality, energy and biosolids regulation and a legal affairs program. STAFF RECOMMENDATION: That the Board of Directors consider this matter and provide direction to staff. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee reviewed this item at its meeting on October 15, 2013 and supports staff's recommendation. DISCUSSION: CASA also provides its members with business meetings and conferences held 3 times a year in California and annually in Washington, D.C., as well as special education seminars on technical and regulatory issues. Membership dues, based on a total sewer operating budget of $504,944 for the Budget Year 2013/14, would be calculated as $1,500. STRATEGIC PLAN: CP 2-D: Enhance the District's Regional Water and Wastewater Industry Participation ATTACHMENTS: Name:Description:Type: New_Member_Letter_-_Yorba.pdf New Members Letter Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/24/2013 RK/PH 5-0 CALIFORNIA ASSOCIATION of SANITATION AGENCIES 1225 8th Street, Suite 595• Sacramento, CA 95814 • TEL: (916) 446-0388 • www.casaweb.org   Ensuring Clean Water for California   Executive Board President STEPHEN A. HOGG City of Fresno 1st Vice President DAVID R. WILLIAMS East Bay Municipal Utility District 2nd Vice President KEVIN M. HARDY Encina Wastewater Authority Secretary-Treasurer TOM SELFRIDGE Truckee Sanitary District - Directors-at-Large TIMOTHY P. BECKER Oro Loma Sanitary District PAUL BUSHEE Leucadia Wastewater District VIVIAN W. HOUSEN V.W. Housen & Associates WILLIAM C. LONG Novato Sanitary District JEFF M. MOORHOUSE Carpinteria Sanitary District MARGIE L. RICE Midway City Sanitary District E.J. SHALABY West County Wastewater District - Past Presidents JOHN E. HOAGLAND Rancho California Water District GARY W. DARLING Delta Diablo Sanitation District Executive Director ROBERTA L. LARSON Via electronic mail September 24, 2013 Steve Conklin Yorba Linda Water District PO Box 309 Yorba Linda, CA 92885-0309 sconklin@ylwd.com SUBJECT: CALIFORNIA ASSOCIATION OF SANITATION AGENCIES Dear Steve, I wanted to follow up on your recent conversation with CASA Past President Mike Dunbar regarding the California Association of Sanitation Agencies and the District’s potential interest in becoming a member of the association. CASA is the leading statewide organization representing local public wastewater agencies. We provide a broad range of services to our members, including federal and state legislative advocacy, review and comment on proposed water quality, energy and biosolids regulations and a legal affairs program. CASA holds two conferences a year which attract 300 delegates from throughout the state, including general managers, governing board members, staff and attorneys. We also hold an annual Washington D.C. meeting and a state legislative event in Sacramento. Additional information about CASA is attached; I also encourage you to review our website, www.casaweb.org. CASA has embraced the transition of public wastewater agencies to water resource utilities of the future. We are engaged in programs to strengthen and promote our members as resource recovery agencies that provide renewable energy, recycled water, nutrients and soil amendments that are key to a sustainable future. CASA is known and respected for its influence, expertise, effectiveness and networking opportunities. Attendance at a CASA conference is a great way to get a feel for the organization and what we have to offer. We would be pleased to have you attend an upcoming conference. Registration would be complimentary and our staff would be happy to assist with your arrangements. Please let me know if you have any questions. We look forward to welcoming you to CASA. Sincerely, Roberta L. Larson Executive Director RLL/cl 001 CALIFORNIA ASSOCIATION of SANITATION AGENCIES 1225 8th Street, Suite 595• Sacramento, CA 95814 • TEL: (916) 446-0388 • www.casaweb.org Ensuring Clean Water for California CASA provides its members with the following services and benefits: • CASA business meetings and conferences held three times a year in California and annually in Washington D.C. provide an opportunity that allows members to discuss issues of mutual interest and attend workshops and forums on technical, regulatory and legislative matters. • Special educational seminars on important technical and regulatory issues. • CASA’s biosolids program advocates environmentally sustainable biosolids management policies and practices that promote the sound use of biosolids and is beneficial to California. CASA Biosolids Program Manager travels throughout California to assist members on technology, options and public education. • Attorney members provide up-to-date legal information and litigation support to the membership as well as offer guidance to CASA’s Executive Board and Director of Legal and Regatory Affairs when CASA engages directly in litigation on behalf of our members. CASA is a State Bar of California MCLE approved provider. • Direct and grassroots advocacy on the federal, state and local levels on legislation and regulations affecting public wastewater agencies. • Representation before the State Water Resources Control Board, regional boards and other state agencies on decisions and policies including both submittal of comments and testifying. • Initiate and coordinate studies focused on sound science research enabling CASA to represent members in front of decision-making bodies. • Associate members offer current technical information and expertise through networking at the conferences and identifying key topics for presentations. • Conference offer a forum where the Associates (consultants) come together as colleagues, focused on the common good--- not as competitors with a parochial view of their own service offerings. • Member, Clean Water Summit Partners – Five state and regional wastewater associations who are leaders in the industry meet quarterly in Sacramento to explore opportunities for collaboration on water quality issues of critical importance to our collective memberships. California Association of Sanitation Agencies-CASA California Water Environmental Association-CWEA Bay Area Clean Water Agencies-BACWA Central Valley Clean Water Association CVCWA Southern California Alliance of Publicly Owned Treatment Works-SCAP • Sponsor, Tri-TAC – A technical advisory committee representing CASA, League of California Cities and the California Water Environment Association. Meet monthly to improve environmental programs by working with state and federal regulatory agencies as well as interest groups on matters related to POTWs. • The CASA website - casaweb.org provides members with on-line information. 002 ANNUAL CONFERENCENEWSLETTER California Association of Sanitation Agencies August 2013 Inside Federal Legislative Report 1 Executive Director’s Message 2 Communications Corner 3 Regulatory Report 4 State Legislative Report 7 Legal Affairs Update 12 Renewable Resource Programs 14 • Promote new technology; • Establish appropriate timeframes and structures to incentivize creativity and performance; • Agree on a metric for capturing the value of green infrastructure with multiple benefits; and • Identify resources available for partnerships. Though much of the focus was on stormwater compliance costs as a key driver, several participants emphasized the importance of maintaining tax exempt municipal bonds and continued capitalization of the State Revolving Fund program. CASA Attends White House Briefing on Water Infrastructure Policy The White House Council on Environmental Quality (CEQ) and the United States Environmental Protection Agency (USEPA) convened a forum in Washington D.C. on July 1 to discuss innovative and emerging ideas for financing clean water infrastructure. USEPA estimates the unmet water and wastewater needs at approximately $700 billion and the annual costs are close to $10 billion. Many at the meeting acknowledged that these estimates are probably low, as they do not account for climate change adaptation and resiliency costs. The meeting is expected to provide important priorities and needs for the development of federal policy surrounding water infrastructure in the coming months should Congress address the need to develop a long-term, sustainable infrastructure assistance program. CEQ Chair Nancy Sutley and Acting USEPA Administrator Bob Perciasepe set the tone for the half- day session, titled Financing the Water Infrastructure of the Future, which centered on opportunities for greater use of public-private partnerships. CASA joined partner associations including the National Association of Clean Water Agencies, Water Environment Federation, local governments, investment firms and a number of federal agencies for a facilitated discussion on key strategies and policy priorities. Themes that emerged from the dialogue included the need to: continued on page 10 003 2 California Association of Sanitation Agencies It is a pleasure to welcome you to CASA’s 2013 Annual Conference. The Program Committee has again done a stellar job in bringing together an impressive line up of speakers and panels to touch on all aspects of innovation in the clean water community today. Our program highlights the role of new ideas and new ways of approaching management, employee recruitment, and workforce training, as well as the ways in which public wastewater agencies can take the concept of the “Utility of the Future” from theory to reality. We will also hear about technological innovation and examine opportunities to incorporate sustainable strategies into our operations, treatment and energy practices. The theme of our annual conference, “Exploring Innovation,” seems particularly apt to me as I look back on my first year as Executive Director. Under the leadership of the Executive Board, we have undertaken a number of new initiatives, challenges and changes designed to advance our strategic goals. CASA for the first time has a core dedicated staff and our own office in Sacramento. We have successfully launched our renewable energy program and formed the Energy Workgroup to provide advice and guidance to staff as we engage on bioenergy issues before the California Public Utilities Commission, California Energy Commission and California Air Resources Board. We are developing a communications strategy to increase understanding of CASA members as renewable resource providers and recognize the value that wastewater agencies bring to environmental protection. Building on the success of CASA’s annual Washington D.C. meeting, CASA will hold a State Legislative Event April 28 -30, 2014 in Sacramento to provide an opportunity for members to meet with their legislators and advocate CASA Newsletter August 2013 CASA EXECUTIVE BOARD John E. Hoagland - President Rancho California Water District Stephen A. Hogg - 1st Vice President City of Fresno David R. Williams - 2nd Vice President Central Contra Costa Sanitary District Tom Selfridge - Secretary-Treasurer Truckee Sanitary District Timothy P. Becker - Director-At-Large Oro Loma Sanitary District Paul Bushee - Director-At-Large Leucadia Wastewater District Kevin M. Hardy - Director-At-Large Encina Wastewater Authority Vivian Housen - Director-At-Large V.W. Housen & Associates Jeff M. Moorhouse - Director-At-Large Carpinteria Sanitary District Margie L. Rice - Director-At-Large Midway City Sanitary District E. J. Shalaby - Directory-At-Large West County Wastewater District Gary W. Darling - Past President Delta Diablo Sanitation District Harry T. Price - Past President City of Fairfield/Fairfield-Suisun Sewer District COMMITTEE CHAIRPERSONS Dave Bachtel, Associates Chair Bradley R. Hogin, Attorneys Chair E.J. Shalaby, Awards Chair Vacant, Bylaws Chair Jeff Reinhardt, Communications Chair Peer Swan, Directors Chair Traci Minamide, Managers Chair Ben Horenstein, Federal Legislative Chair Terrie Mitchell, State Legislative Chair Ed McCormick, Program Chair Joyce Gwidt, Conference Arrangements Chair John E. Hoagland, Evaluation Chair Gary W. Darling, Nominations Chair Tom Selfridge, Budget & Audit Chair Lisa Rothbart, Air Forum Chair Mike Sullivan, Land Forum Chair Laura Pagano, Water Forum Chair Richard Althouse, SWRCB - WW Treatment Plant Operator Certification Advisory Committee Representative Jackie Kepke, Tri-TAC Chair David R. Williams, Utility Leadership Chair CASA STAFF Roberta L. Larson, Executive Director Greg Kester, Director of Renewable Resource Programs Adam D. Link, Director of Government Affairs Debbie Welch, Manager of Association Services Michael F. Dillon, State Legislative Lobbyist Eric N. Sapirstein, Federal Legislative Advocate Catherine A. Smith, Communication & IT Support Services CASA’s priority issues. And, our federal and state legislative, regulatory advocacy and biosolids programs remain strong and continue to yield positive results for CASA’s members. At this conference, the Utility Leadership Committee will hold its first meeting. This new committee fills a gap in CASA’s decision-making structure identified during our strategic planning process. The committee will play a key role in establishing CASA positions on important non-legislative initiatives relating to clean water and renewable resource issues, including but not limited to energy extraction, nutrient management, financing and funding mechanisms, utility management and governance, and other aspects of utility leadership. The Committee, chaired by incoming First Vice President Dave Williams, is seeking additional members that represent the diversity of the Association’s membership—Directors, Managers, agency staff, Associates and Attorneys—so please let us know if you have an interest in serving or would like more information. This conference is designed to help us all to think a little differently about innovation and its role in what we do. The concept is much broader than traditional research and development or designing new and better technologies—though certainly those play a critical part in moving forward. No less an innovator than the late Steve Jobs, CEO of Apple, observed “innovation comes from people meeting up in the hallways or calling each other at 10:30 at night with a new idea. It’s not about money. It’s about the people you have and how you’re led.” CASA is fortunate that we have good people, engaged leadership, and, here at the conference, many opportunities to meet up in the hallways. Thank you for taking the time to be here and make our conference a success. Message from the Executive Director At this conference, the Utility Leadership Committee will hold its first meeting. This new committee fills a gap in CASA’s decision-making structure identified during our strategic planning process. Roberta L. Larson 004 32013 Annual Conference Newsletter Strategic Communications Plan In a creative collaboration of ideas and expertise, CASA’s Communication Committee, staff and professional service providers prepared a comprehensive communications plan for 2013- 2014 for presentation to the CASA Executive Board. Included in the draft plan are four overarching goals: • Rebrand CASA and its members as resource recovery agencies that provide a wide range of renewable resources. • Increase the understanding and awareness of clean water and renewable resources and their value. • Increase the understanding of complex, challenging and controversial issues addressed by CASA. • Increase the understanding of CASA, its mission, vision and member benefits (value, ROI). With input from CASA volunteer leaders, the plan looks at communication strategies for both internal and external audiences as well as current and future audiences. A high priority in the plan is for CASA to be a greater resource to its members by providing communication tools and common messages to jointly rebrand the clean water community as renewable resource recovery agencies. CASA also plans additional outreach to members to identify ways to give the CASA website and electronic communications a stronger connection to member agencies. Another priority in the draft plan is to increase collaboration with sister organizations whenever possible. CASA has found that collaborating with other associations with similar goals is extremely helpful in its advocacy efforts. Building partnerships will heighten the strength of the voice, increase access to resources and expertise and enhance legitimacy. Members will soon be seeing the strategic communication plan in action. The objective is to enhance your agency’s return on investment in CASA as well as to establish CASA as the most respected, credible and influential voice on clean water and renewable resource issues facing the public wastewater community. Communication Survey The CASA Communications Committee recently distributed a brief survey of member agency communication efforts. The short questionnaire seeks information on such questions as: Do you engage in social media? Who responds to legislative alerts? Do you do offer classroom education or facility tours to the public? The surveys were sent via email on July 30. If your agency has already responded—thank you! If you have not, please take a minute to do so – the results will help shape future educational programs and member support efforts. Remember to add CASA to your agency’s media and outreach distribution lists. Be sure to share your agency news with CASA at casmith@casaweb.org. Before you read further, if you have a Facebook page, have you “liked” CASA on Facebook Your “Like” will not only help CASA achieve one of its many increased connectivity goals but you will now have another communication channel to be updated on CASA activities and clean water agency issues. It’s a win-win! Strategic Communications Plan California Association of Sanitation AgenciesCOMMUNCIATIONS CORNER 005 4 California Association of Sanitation Agencies REGULATORY REPORTCalifornia Association of Sanitation Agencies CASA Presents Recommendations to Reduce the Costs of Compliance for POTWs In June, CASA representatives presented members of the State Water Resources Control Board (State Water Board) with a final report containing various proposals to reduce the costs of compliance with regulatory requirements, as part of CASA’s ongoing participation in the State Water Board’s “resource alignment” initiative. The State Water Board’s initiative is an effort to assess opportunities for reducing the costs of compliance for dischargers subject to State Water Board oversight under the NPDES wastewater, stormwater, irrigated lands, and waste discharge requirement programs, with an overall goal of identifying and implementing opportunities to reduce the costs of compliance in these programs where feasible. A CASA workgroup has been actively involved in this initiative since late 2012 and initially submitted draft proposals in February and May of this year. The workgroup has since refined and focused those proposals into a document that details concepts, cost savings estimates, specific examples and potential implementation approaches. CASA’s proposals focus on several short term cost reduction strategies, such as establishing processes for streamlining monitoring requirements, eliminating unnecessary or irrelevant reports, and facilitating the use of existing regulatory tools by making processes more clear and consistent, as well as longer term issues such as implementing a phased approach to TMDLs and establishing an “economic checklist” prior to new policies being adopted. If implemented, these ideas would maximize the utility of permitted compliance actions and could allow agencies to focus their resources in a more efficient manner. In response to CASA’s presentation on the report, State Water Board members posed a variety of insightful questions and appeared committed to finding ways to implement some of the proposals and allow wastewater stakeholder entities to realize these reductions in the costs of compliance. CASA is continuing to work with State Water Board staff and members to refine potential implementation approaches, and will follow up with the State Water Board on this issue at its September 24 meeting. State Water Resources Control Board Proposes to Raise Water Quality Fees Across the Board In May, the State Water Board held a Water Quality Fee Stakeholder Meeting to review the water quality fees for fiscal year 2013-2014. Water quality fees for all categories of the regulated community are proposed to increase this year, including a 5.4% increase on permit fees for all NPDES categories and a 25.2% increase for all non-NPDES waste discharge requirement categories. According to the information provided, these increases are primarily due to cost increases or accounting changes, and are not generally associated with any change or increase in level of service (i.e. program changes or additional staff). In addition to these across the board increases, it is also possible that additional fees may be imposed for beach water quality monitoring, which would be imposed on NPDES and stormwater fee payers, and could increase the NPDES fees by another 2%. State Water Board staff are currently in the process of distributing updated information on the proposed water quality fees now that state budget process has been finalized, and will be sending out the revised fee regulations for additional review before the expected adoption in September of 2013. 006 52013 Annual Conference Newsletter CASA to Provide Input on Draft Implementation Framework Options for Biological Objectives CASA continues to actively participate in the State Water Board initiative to develop a statewide Biological Objectives Policy, a process that has developed several tools that could ultimately provide narrative or numeric benchmarks that describe biological conditions to protect aquatic life beneficial uses. In early June, CASA representatives participated in a stakeholder meeting where the initial draft of the potential implementation framework for the policy was distributed, and representatives from CASA member agencies continue to submit comments and participate in stakeholder groups related to both the technical and policy approaches being developed in support of this policy. CASA still has several concerns with the tools that will support the policy, which were highlighted in a joint comment letter from CASA and Tri-TAC on three draft technical documents (Assessing Reference Network Performance, Maximizing the Applicability of Bioassessment Scoring Tools in Environmentally Complex Regions, and Causal Assessment Evaluation and Guidance for California). There are a number of potential problems with the implementation framework options put forth by State Water Board staff as well, options which include using the developed tools to create a numeric water quality standard or a numeric water quality “target.” These options not only have potential impacts on the 303(d) listing status for affected streams but also raise questions about the level of economic analysis and other due process that would be required before regulatory action could occur. CASA and Tri-TAC representatives will continue to be involved in the biological objectives policy development process in the coming months and will work on tools assessment and alternative implementation framework proposals that produce the most accurate results and lead to policies that result in achievable goals. New Monitoring and Reporting Requirements for Sanitary Sewer Systems Set to Take Effect in September 2013 On August 1, 2013, the State Water Resources Control Board (State Water Board) released the Amended Monitoring and Reporting Program (MRP) (WQO 2013-0058-EXEC) for the Sanitary Sewer Systems Waste Discharge Requirements (WQO 2006-0003-DWQ). The SSS WDR governs agencies that own or operate sanitary sewer systems, and through the MRP, requires them (among other things) to report all sanitary sewer overflows (SSOs) to the State Water Board’s online database. State Water Board staff have been meeting with stakeholder to consider revisions to the MRP since early 2012, and CASA along with the Clean Water Summit Partners had previously submitted comments in October of 2012 and January of 2013 highlighting concerns with the originally proposed amendments to the MRP and seeking significant revisions. Most notably, CASA was concerned that the January 2013 draft of the proposed revisions was not a “surgical” revision of the existing MRP as had been expected and contained significant additional burdens for municipal collection system agencies. CASA ‘s detailed comments focused on the most objectionable issues within the proposed MRP revisions and provided a detailed markup of the MRP itself. Since that time, CASA has been working with State Water Board staff to address all of the issues raised in earlier comments. Because these revisions can be implemented with approval of the State Water Board Executive Director and do not have to go before the State Water Board, ongoing stakeholder involvement at the staff level was crucial to providing input on the proposed MRP amendments and reaching a solution that was reasonable and reflected the concerns of the regulated community. Fortunately, the executed version of the MRP amendments address all of the most significant issues raised by CASA. For example, the requirement to prepare detailed technical reports is now limited to sanitary sewer overflows of over 50,000 gallons and a previously proposed requirement to obtain photographs of all spills over 1,000 gallons has been deleted. In addition, the revised MRP includes one of the recommendations from CASA’s Resource Alignment Initiative report designed to reduce the costs of compliance for regulated entities. This change, which allows sanitary sewer systems to submit “no spill” reports on a quarterly as opposed to monthly basis, is expected to save agencies approximately $100,000 in the aggregate. Reporting under the revised MRP is scheduled to begin on September 9, 2013. The revised MRP, supporting fact sheets and other information regarding reporting under the SSS WDR are available on the Board’s website: http://www.waterboards.ca.gov/ water_issues/programs/sso/index.shtml continued on page 6 CASA still has several concerns with the tools that will support the policy, which were highlighted in a joint comment letter from CASA and Tri-TAC on three draft technical documents (Assessing Reference Network Performance, Maximizing the Applicability of Bioassessment Scoring Tools in Environmentally Complex Regions, and Causal Assessment Evaluation and Guidance for California). 007 6 California Association of Sanitation Agencies CASA Workshop to Focus on Watershed Monitoring Needed to Support Sustainable State Nutrient Policy In anticipation of the State Water Resources Control Board development of a nutrient regulatory policy for inland surface waters, CASA, working with its clean water summit partners, has developed a proposed regulatory policy approach. The CASA approach shifts the focus from adoption of numeric nutrient water quality objectives to the development of watershed-specific information that will provide a better understanding of nutrient conditions, nutrient sources, problems potentially linked to nutrients, and the ability to manage nutrient sources to reduce or eliminate such problems. The approach would directly and efficiently address nutrient management issues and is intended to lead to cost-effective outcomes. In meetings with State Water Board staff earlier this year, CASA received a favorable reception to its policy alternative and encouragement to continue the development of the concept. A fundamental element of the proposed CASA policy alternative is local monitoring at the watershed scale. Local data is needed to establish ambient baseline conditions at various locations for nutrients and benthic algae, to understand seasonal changes in nutrients and algae, to examine whether and where problems exist, and to provide information that allows predictions regarding the feasibility of managing nutrient sources and other watershed factors to resolve identified problems. Either mechanistic or empirical models are needed to make such predictions, and local data is needed to inform, calibrate and evaluate such tools. REGULATORY REPORT CONTINUED In September, CASA will host a workshop with wastewater agencies that discharge to inland streams to begin a discussion about the types of monitoring information needed and is designed to inform agencies about the costs and benefits of local monitoring. The goal of the workshop is to receive comments regarding the monitoring program design, to answer questions regarding the CASA policy alternative, and to identify agencies that may want to perform monitoring to provide a local benefit and also assist CASA in its negotiations with the State Water Board on nutrient policy direction. 008 72013 Annual Conference Newsletter Legislature Enters Final Weeks Of Session The Assembly returned from its month- long Summer Recess on August 5, and the Senate returned the following week on August 12. There is still no clear explanation – aside from politics – as to why the houses took staggered recesses, but because of the overlap the Senate wrapped up its policy committee hearings of Assembly bills in July. The Assembly however, has been hearing over 200 Senate bills since returning, forcing some Senators to cut their vacations short to return to Sacramento to present their bills in committee. In the next few weeks, with both houses in Session, legislators and Capitol staff have just a short window to hold fiscal committee hearings as legislative deadlines are quickly approaching and the 2013 Session will be officially concluding at midnight on September 13. These next few weeks are notoriously the most harried time in Sacramento all year, with last minute including the Brown Act, Public Records Act, and other currently reimbursable local programs. As a constitutional amendment, this bill is not subject to the traditional deadlines, and can be moved at any time until the regular session ends September 13. CASA is opposed to the measure, as many member agencies have qualified for, applied, and received reimbursements for some of these mandated costs in the past. Also of concern is that if approved, SCA 3 will make all costs associated with unforeseen future changes to these mandates constitutionally required to be absorbed by the local agencies as well. SB 556 (Corbett): Contract Employee Disclosures – Oppose After the Sacramento Bee ran a bruising article on this measure in July, the CASA Legislative Committee considered SB 556 and determined that this bill would be very problematic and burdensome to public agencies, if enacted. The bill would prohibit nongovernmental persons or entities contracting with public agencies from displaying on a uniform or vehicle a seal or emblem that could be construed as implying that the labor or services are being provided by employees of the public agency, unless a disclosure statement is also conspicuously displayed identifying the uniform wearer or vehicle operator as “not a government employee.” Sponsored by the California Labor Federation and the California Professional Firefighters, the bill has significant support from other union organizations. A large coalition of local government entities including CASA, the California State Association of Counties, and the League of California Cities, along with contract providers such aa ambulance operators, etc. are opposed to the bill. With strong Democratic support, the proposals, infamous “gut and amends,” rule waivers, and committee hearings often lasting late into the evenings. The final two weeks of the Session are reserved for Floor Sessions only, when the houses will convene daily to consider all of the remaining measures, most of which will reach the Governor for his consideration. The Governor will have until October 13 to act on the many bills sent to him in the final days of Session. Throughout the Spring and Summer CASA has been actively lobbying issues that would affect CASA members. Key measures on which CASA is focusing its efforts include: SCA 3 (Leno) – Local Responsibility for State Mandated Costs:--Oppose As CASA previously reported, there was a quick but significant turn of events following the passage of the 2013-14 Budget Act relating to a Public Records Act budget trailer bill that spurred Senator Mark Leno to introduce SCA 3. The Constitutional Amendment would ask voters to consider whether local governments or the State should be liable for the costs of certain mandates, STATE LEGISLATIVE REPORTCalifornia Association of Sanitation Agencies 009 8 California Association of Sanitation Agencies bill will likely be sent to the Governor for his consideration in the next few weeks, and CASA will continue working with the coalition members to urge the Governor’s veto on the bill. A very similar bill (AB 2389 - Lowenthal) reached the Governor’s desk last year but was ultimately vetoed, and the coalition is working for this bill to experience the same fate. SB 731 (Steinberg): CEQA Reform-- Oppose, unless amended SB 731 (Steinberg) is the primary California Environmental Quality Act (CEQA) reform bill moving through the Legislature this year, and was originally intended to streamline the CEQA process, promote infill development, and prevent last minute “document dumps” by project opponents. Unfortunately, in its current form, the bill accomplishes little that would be of value to local public entities, and instead contains numerous provisions that could lead to additional requirements for agencies during the CEQA process as well as expanding the potential for litigation. For example, the bill currently proposes to add a “mitigation monitoring” plan requirement that extends agency responsibility long after project approval, a new notice and publication requirement related to lead agency findings, and several other provisions that could create confusion regarding existing CEQA standards and definitions. As a result, CASA has signed on to the most recent version of the Public Works Coalition (PWC) letter on this bill, which reflects an “oppose, unless amended” position. The PWC is a broad alliance of public agencies collectively representing nearly every school, county, and special district in California, and is an excellent forum for CASA to participate and voice its positions on bills of significant interest to all local agencies (such as CEQA reform). CASA will continue to monitor all developments related to CEQA reform and SB 731 through the PWC, and with significant input and insight from CASA Attorneys Committee Chair Brad Hogin, will continue to address any concerns and potential amendments to the bill. AB 436 (Jones-Sawyer) – Inverse Condemnation: Support CASA was supporting AB 436, which would apply the doctrine of comparative fault to inverse condemnation actions. The bill was withdrawn from policy committee shortly prior to its scheduled hearing in early July and will not move forward this year. In its current form the bill would require a court or arbitrator to reduce compensation paid to a plaintiff in an inverse condemnation proceeding in direct proportion to the plaintiff’s proportion of the fault. Early in the Legislative Session, several CASA attorneys assisted CASA staff in developing talking points and a support letter. There are several circumstances in which the bill would benefit CASA members. For example, in a case where a landowner defies an ordinance requiring the installation of a backflow device to prevent sewage from backing up into a home or business, and as a result suffers damage from such a backup, the owner would bear an appropriate share of the responsibility for the damages, as the owner would be responsible for failure to install the backflow device that would have prevented some or all of the damage. AB 436 would require a court to reduce the compensation by the comparative fault of the landowner, consistent with the “fair share” concept underlying current law. Hearings on the bill were postponed several times for further review and analysis in both the Assembly and Senate Judiciary Committees. The extensive Senate Judiciary Committee analysis of the bill, which called into question among other issues, the potential negative impact this bill could have on settlements for victims of the San Bruno gas pipeline explosion, was critical enough to prompt Assemblyman Jones-Sawyer to hold the bill over while discussions continue in the Interim. The bill has become a two-year bill, meaning it is eligible to be heard again in 2014. AB 543 (Campos): Translation of CEQA Documents--Oppose CASA had joined with the Public Works Coalition (PWC) in opposition to AB 543, which requires a lead agency to translate specified California Environmental Quality Act (CEQA) documents into the languages spoken by a “group of non-English speaking people,” defined as 25% of the population within the lead agency’s jurisdiction. The Senate Environmental Quality Committee Analysis raised several of the points outlined in the PWC’s opposition letter regarding the lack of clarity and increased liability for lead agencies. The analysis also cited unintended consequences such as negative impacts on projects with limited funding, including small communities. Translating multiple notices as well as a summary of an EIR for the project would add thousands of dollars to the cost of the environmental review for the project The bill was pulled by the author shortly before the scheduled hearing in July, and it now becomes a two-year bill. AB 1333 (Hernandez): Evergreen Contracts--Watch This bill would have required local legislative bodies to act in an open and public meeting to renew contracts with automatic renewal or “evergreen” clause where the value of the contract exceeded $250,000 annually. CASA had taken an “oppose, unless amended” position on the bill as introduced. The bill was introduced to target waste hauling contracts, but the CASA State Legislative Committee felt the measure would also impact contract professionals like attorneys and accountants. AB 1333 was significantly amended on June 26th to limit its scope and CASA moved to a “watch” position. The bill ultimately died in the Senate Governance and Finance Committee after failing to garner a motion due to continued opposition from a long list of solid waste interests. SB 691 (Hancock): Air Quality Penalties – Watch Senator Loni Hancock introduced SB 691 in response to the Chevron refinery fire which occurred in her district, and the bill STATE LEGISLATIVE REPORT CONTINUED 010 92013 Annual Conference Newsletter would impose civil penalties of $100,000 against major sources of air pollutants (Title V sources) that discharge air contaminants which cause harm to a significant number of persons. The CASA Legislative Committee took an early “oppose” position because of concern that CASA’s members that operate Title V facilities could face significantly higher penalties for permit violations (except for those based on odor, which are exempt from the bill.) CASA staff had numerous meetings with the author’s staff and the sponsor (the Bay Area Air Quality Management District). Through these discussions, CASA learned that the new penalties can only be applied in cases where a considerable number of people in a community are affected, and conducted research to determine that no citations have been brought against POTWs under this section of the law that were not odor related and thus exempt. For these reasons, CASA changed its position to watch, though the bill is still opposed by a long list of industry and private sector entities. SB 727 (Jackson): Pharmaceutical Take Back Program--Support SB 727 was introduced in an attempt to create a statewide pharmaceutical take back program focused on “extended producer responsibility.” Because of strong opposition from the powerful pharmaceutical industry, the bill was never heard in its first policy committee. Instead, Senate Environmental Quality Committee Chair, Jerry Hill, invited Senator Jackson and supporters and opponents to work with his committee consultant in a stakeholder process and return in 2014 with a compromise. The Committee’s goal is a comprehensive consistent statewide policy of “shared responsibility” with all parties in the “chain” being part of the solution, including manufacturers, retailers, health care, consumers, local governments, state agencies and law enforcement. CASA has a “support” position on this measure, and is generally supportive of efforts to manage and remove pharmaceuticals from the waste stream. CASA will participate in the stakeholder process and provide information relevant to the design of an alternative approach, including the challenges faced by agencies seeking to implement local programs and the infeasibility and cost associated with removal of these substances once they have entered the wastewater stream. Lastly, CASA remains opposed to two measures that are expected to reach the Governor. AB 537 (Bonta), among other things, mandates mediation in the event of an impasse during collective bargaining negotiations. AB 1140 (Daly) requires projects awarded or noticed for bid after January 1, 2014 to have the prevailing wage rates adjusted on the project if the Department of Industrial Relations determines there has been a change in any prevailing wage rate. WATER RECYCLING Two water recycling bills, AB 803 (Gomez) and SB 322 (Hueso) are moving along without any opposition, and CASA continues to support both of these efforts. AB 803 (Gomez), among other things, clarifies existing authority for the State and Regional Water Boards to permit Advanced Treated Purified Water (ATPW) projects at the point where the treated water exits the treatment plant and enters a conveyance facility. SB 322, sponsored by the San Diego County Water Authority, would require the Department of Public Health, in consultation with the State Water Board, to investigate the feasibility of developing uniform water recycling criteria for direct potable reuse, and to provide a final report on that investigation to the legislature by 2016. Both bills are expected to reach the Governor’s desk. WATER BOND Another issue of interest to CASA members is the ongoing 2014 water bond renegotiations. The week before leaving for recess, the Assembly Water, Parks, and Wildlife Committee held an informational hearing on water bond negotiations and released water bond “principles” for discussion. Significantly, a couple of members of the committee expressed a strong interest in water recycling during the hearing. There is still no vehicle for the water bond changes as of this writing. 011 10 California Association of Sanitation Agencies FEDERAL LEGISLATIVE REPORT CONTINUED Tax Reform Targets Municipal Financing; CASA Joins Public Coalition in Support of Municipal Bonds Congressional tax policy committees continue to review options to reform the federal tax code over the past few months with a goal of developing draft options by the end of the year. According to House and Senate tax policy leaders, the effort to rewrite the tax code is grounded in an attempt to clean up the hundreds of special provisions known as tax expenditures that provide exceptions to federal tax liability. These include tax provisions ranging from the home mortgage deduction to alternative energy tax credits. Municipal bonds with a tax exemption for earned interest have become a key element of the review. A number of policymakers, led by the Obama Administration, believe the continued availability of tax-exempt financing distorts economic choices and drains revenues from the federal treasury that would otherwise contribute to reducing the federal deficit. The White House has sought to eliminate the tax benefits from such bonds for individuals that are subject to income tax rates above 28%, which would effectively eliminate the demand for such bonds and raise the cost of financing water infrastructure for public agencies that would be required to issue bonds with interest rates close, if not equal, to corporate securities. Given the significant impact of any curtailment or elimination of tax-exempt bonds, CASA joined with 54 public associations in a coalition led by the U.S. Conference of Mayors and the National Association of Counties aptly named “Don’t Mess With Our Bonds”. CASA signed a recent coalition letter to Congress demanding that any tax reform avoid changes to the use and availability of tax-exempt financing. The effort is gaining momentum: A bipartisan group of more than 80 Members of Congress have signed a letter to Speaker John Boehner and Democratic Leader Nancy Pelosi urging them to reject any attempts to diminish the uses of tax-exempt bonds for needs such as public infrastructure. CASA will be working to enlist California Members of Congress to join in the effort to preserve tax-exempt financing. To aid in this advocacy, CASA agencies will be asked to contact their Members who have not stated a support position for the continued use of these vital bonds. McCarthy Confirmed as USEPA Administrator The long stalled nomination of Gina McCarthy to be the next USEPA Administrator finally received a Senate floor vote late last month. After Majority Leader Harry Reid (D-NV) threatened to invoke the “nuclear option” and revise the Senate rules to prevent filibusters on presidential nominations, the Senate agreed to take up McCarthy’s nomination. By a 59-40 bipartisan vote, the Senate agreed to confirm the nominee. Shortly after assuming the top job at the agency, McCarthy notified the agency that Acting Administrator Robert Perciasepe would return to his prior position of Deputy Administrator. McCarthy, who served as the Assistant Administrator for the Office of Air and Radiation during the first Obama term, intends to make climate change rulemakings the top priority for her agency. With the confirmation of McCarthy, all eyes now turn to the pending nominations of a handful of officials that would manage agency offices, including Kenneth Kopocis, nominated almost two years ago to serve as Assistant Administrator for the Office of Water. Kopocis’ nomination has been on hold because of Senators’ concerns over policymaking associated with the definition of Waters of the U.S. and how the Clean Water Act regulates such defined waters. Some in the Senate believe that the policymaking effort would expand the kind of waters subject to regulation. With the confirmation of McCarthy, Committee on Environment and Public Works Chairman Barbara Boxer arranged for a second confirmation hearing on July 23 where Kopocis testified on his views and qualifications to be the next Assistant Administrator for Water. Within a week of the hearing, the committee gave approval to the nomination and sent it to the floor of the Senate for a vote. The Majority Leader has indicated moving to a vote on the nomination continues to be a priority, and should dilatory tactics be employed, the prospect of triggering the “nuclear option” could occur. Assuming that a filibuster is avoided, Kopocis’ nomination should be voted on by the end of October. House Budget Hawks Target USEPA Spending Despite agreements on how to develop overall spending limits made as part of the budget agreement a few years ago, House Republicans have demanded that fiscal year 2014 budgets be reduced beyond the agreed–upon levels. For USEPA, this translated into a 33% reduction in proposed spending. Actual impacts are significant. For example, the clean water State Revolving Fund (SRF) Loan program would be appropriated $250 million, effectively de minimis compared with prior years funding commitments. USEPA requested $1.05 billion to support the program. In contrast, the Senate budget provides a funding level consistent with the understanding that the nation’s water quality infrastructure requires a stronger federal program of assistance. The Senate draft fiscal year 2014 budget provides $1.5 billion in clean water SRF assistance. Because the gulf between the two bills is so dramatic, congressional staff believe that any final resolution will be difficult to achieve, setting the stage for a last minute agreement or a continuing resolution funding programs at current year levels. Lending a sense of inevitability, the Administration has issued a veto threat on the House bill. 012 112013 Annual Conference Newsletter Policy Issues Hitch a Ride on Spending Bills As if funding reductions were not enough of an obstacle to securing a final budget, efforts to effect an end run around the legislative process are proliferating through policy riders on spending bills. For USEPA, this manifests in a number of areas. The perennial fight over redefining waters of the U.S. appears in the House spending bill for the agency, denying the use of any funds to undertake such policy deliberations or actions. Similarly, congressional concerns with the administration’s plans to issue rules mandating controls on greenhouse gas emissions would be blocked through the denial of funding to issue the rules. Perhaps the most immediate impact on water infrastructure projects would be a “Buy American” rider that appears in both the House and Senate spending measures. Under the House rider, any project that receives SRF assistance would be required to use only U.S. manufactured iron and steel for pipes, manhole covers and valves. The Senate provides a less clear mandate. The measure states that all iron and steel used in SRF funded projects must be U.S. produced. However, USEPA is directed to define which products would be subject to the mandate. In each version, exceptions that track existing Buy American mandates (sufficient quality and quantity, cost factors, and public interest) would allow for a waiver of the mandate. These proposed mandates will fall by the wayside if Congress decides to pass a continuing resolution that precludes adoption of riders. Competing Water Infrastructure Proposals Proliferate The escalating water infrastructure funding need is now at almost $10 billion annually, which has led congressional proponents of a strong federal partnership to address the water infrastructure gap with a number of policy options. Several proposals have been introduced in both the House and the Senate. Committee consideration of the proposals will remain on the back burner until the second session begins in January, because of the limited time remaining in the first session. The following is a preview of what to expect: • Infrastructure Bank: This concept, introduced in both chambers, would create a new stand-alone federally sponsored bank much like the home building bank, Fannie Mae. The infrastructure bank would provide grants, loans and other financing mechanisms to support construction of wastewater treatment facilities. The downside of this approach from CASA’s perspective is that wastewater project sponsors would have to compete alongside other infrastructure needs for funding assistance. • Build America Act: Taking a cue from the tax reform effort and the bank approach, this option would provide for a new underwriting mechanism. A private not-for-profit would be established to offer loans and guarantees to construct infrastructure. Funding of the nonprofit would be derived through corporate earnings parked overseas. Under the approach, a corporation would be allowed to purchase $1 billion in 50 year bonds paying 1% interest. In exchange, the corporation could repatriate $4 billion in overseas earnings to the U.S. tax-free. Not only may some view this as a windfall to corporations allowing them to return funds to the U.S., the issue of creating a new bureaucracy may make the concept unattractive to Congress. Ion addition, some may be leery that it would be left for the nonprofit to determine spending priorities among a broad range of infrastructure needs. • Water Trust Fund: The latest iteration of this concept envisions a voluntary program where a labeling of products would be implemented to advertise the commitment to improving water quality. Under the new approach, a company would pay three cents per labeled unit (product). The revenue base would be drinks, toilet paper, toothpaste and other products that are subject to wastewater treatment. Assuming adequate revenues, the fund would support traditional loans and grants to POTWs. • Water Infrastructure Financing and Investment Act: The Senate rewrite of the Water Resources Development Act would create a pilot WIFIA program using limited federal funding to leverage nonfederal public funding as well as private sector assistance. As adopted by the Senate, the concept is problematic for two reasons. First, it bars the use of traditional tax exempt bond financing by local agencies, forcing agencies to bond using taxable securities rates. Second, a Buy America mandate would be in force, potentially increasing project costs. The Administration has also weighed-in on preferred approaches to address infrastructure needs that include wastewater. The White House has sought to resurrect the Build America Bonds program by providing for cash subsidies of approximately 28% to offset higher borrowing costs associated with taxable bonds. Many smaller communities might be unable to qualify for the bonds because of their fiscal conditions. Another complication is whether the Administration would seek to replace existing federal infrastructure assistance programs, like the SRF, to pay for the new approach to finance needs. Last, the tried and true SRF program continues to be the subject of congressional consideration. A number of proposals have been introduced that would renew the program for an additional five years at levels that range between $1 billion to $2 billion annually. Regardless of which approach is acted upon in Congress, the fact that so many options have been put on the table for debate is a encouraging sign that infrastructure policy could become a priority next year. 013 12 California Association of Sanitation Agencies LEGAL AFFAIRS UPDATECalifornia Association of Sanitation Agencies California Supreme Court Grants Limited Review of Narrow Statute of Limitations Issue in Kern County Measure E Litigation On June 26, 2013, the California Supreme Court granted Kern County’s Petition for Review of the decision issued by the Fifth Appellate District in City of Los Angeles v. County of Kern. The Appellate opinion, issued in February of this year, was very favorable to CASA and its co-Plaintiffs, and upheld the preliminary injunction preventing Kern County from enforcing the initiative ordinance banning the land application of biosolids in the county, Measure E. CASA also submitted letters in March requesting publication of the opinion, a request that was subsequently granted. However, on April 22, 2013, Kern County filed a petition for review (Petition) of the opinion by the California Supreme Court. In its Petition, Kern requested that the Supreme Court examine three issues: (1) a procedural issue pertaining to tolling of a statute of limitations period when state law claims are pending in federal court; (2) whether the California Integrated Waste Management Act (IWMA) preempts land application bans such as Kern’s Measure E; and (3) whether California’s “regional welfare doctrine” is a valid basis for invalidating these types of land application bans and local waste ordinances. Fortunately, the Supreme Court granted review only on the narrow procedural issue pertaining to tolling of a statute of limitations period when state law claims are pending in federal court, and declined to consider the more substantive issues in the litigation. This means the core of the Appellate Court’s favorable decision holding that Measure E is preempted by the IWMA and that Measure E conflicts with the regional welfare doctrine remains intact, and that the scope of the Supreme Court’s review does not extend to the underlying merits of the appellate court decision. Briefing at the Supreme Court is expected to occur over the next few months, with a decision from the Court not expected until 2014. Court of Appeal Dismisses Solano County Waste Importation Ban Case On July 31, 2013, the California Court of Appeal for the First Appellate District held that judicial appeals related to Solano County Measure E, a de facto ban on out of county solid waste, are moot due to enactment of AB 845 in 2012. The consolidated appeals in the case of Sierra Club v. County of Solano involved the question of whether a 1984 Solano County initiative ordinance improperly discriminates against out-of-county solid waste by severely limiting the amount of waste that can be imported into the county. The trial court previously ruled that the ordinance was enforceable, and Potrero Hills Landfill, Waste Connections, Inc., and several other entities appealed the trial court ruling. While the case was pending on appeal, the Governor signed AB 845 on September 25, 2012. The bill contained language that speaks directly to the issues in the case and expressly prohibited measures such as the Solano ordinance. AB 845 by Assemblywoman Fiona Ma (D-San Francisco) prohibited enactment of local ordinances, including voter initiative ordinances, restricting or limiting the importation of solid waste into a privately owned solid waste facility based on place of origin. Thus, shortly after its adoption, Respondents and Real Parties in Interest in the case filed motions requesting dismissal of the pending appeal and reversal of the trial court judgment. CASA submitted an amicus brief in support of the original appeal and also supported AB 845 due to concerns that exportation or importation restrictions based on the place of origin directly conflict with the goals of the California Integrated Waste Management Act (IWMA). CASA’s support was also due, in 014 132013 Annual Conference Newsletter part, to the fact that the Solano County ordinance violates some of the same principles of law as the Kern County biosolids ban that CASA challenged in the City of Los Angles v. County of Kern litigation. Fortunately, the court agreed with CASA and the Respondents and found that “enactment of Assembly Bill No. 845 has rendered the issues raised on appeal moot. Because the portion of the judgment directing enforcement of [the ordinance] is contrary to existing law, the appropriate course of action is to reverse that portion of the judgment with instructions to dismiss the petition.” Although the court did not reach the merits of the case, and the opinion remains unpublished, this is a very positive result and underscores the impropriety of out-of-county bans of solid waste and biosolids alike. CASA Forms Task Force to Prevent Ongoing Abuse of CWA Citizen Suit Provisions In response to recent requests for additional information and data related to citizen suit reform at the federal level, and as a result of continuing interest in the issue by CASA members, CASA has formed a Clean Water Act (CWA) citizen suit “task force” to develop ideas and implementation strategies to prevent ongoing abuses of CWA citizen suit provisions. Citizen suit reform remains one of CASA’s “high priority” issues, and the task force will assist with this goal in a variety of ways. For example, the group will discuss diverse strategies for addressing citizen suit reform, including focusing on federal statutory reform, federal regulatory reform, potential reform through case law and the court system, communications and messaging issues, and information gathering and distribution. The group may also consider partnering with academic institutions to develop more data and information on the CWA citizen suits and working with the CASA communications committee to develop messaging and approaches related to citizen suits. With the assistance of several CASA attorneys and consultants as well as some additional research of court records and settlements, CASA has compiled a list of CWA citizen suit actions initiated against public entities by several groups over the last seven years. This type of information is invaluable in keeping CWA citizen suit reform on the minds of federal decision makers and CASA will continue to engage in similar efforts in the future. Formation of the task force is one part of the ongoing effort to bring attention to abuses of the CWA citizen suit provisions that impact public entities and to develop solutions to address these issues. CASA Opposes State Water Board Imposition of Mandatory Minimum Penalties on Entities Based on Decade-Old Alleged Violations In early July, CASA provided comment and testimony to the State Water Board opposing four proposed orders imposing mandatory minimum penalties (MMPs) against entities in the Los Angeles Region. While CASA did not address the substance of the specific allegations against any of the permittees subject to the MMPs, CASA expressed concern that enforcement actions were being taken six to ten years after the incidents giving rise to the actions took place and long after the applicable statutes of limitation had expired. No U.S. Environmental Protection Agency (EPA) or citizen suit action could be filed under the Clean Water Act (CWA) based on the alleged violations, and reaching back so many years to impose penalties conflicts with the timeframes set forth in the State Water Board’s Water Quality Enforcement Policy. CASA argued that the proposed orders were untimely and the product of unreasonable delay, giving rise to potential arguments that the equitable doctrine of “laches” should prevent the State Water Board from imposing such MMPs after so many years. The doctrine of laches is an equitable defense that prevents a claimant from prevailing in an action where there has been unreasonable delay in asserting a particular claim, and the delay has prejudiced the party against whom the relief is sought. Provisions within the four MMP orders attempted to preemptively refute any arguments regarding statutes of limitation, laches, or other similar defenses relying on the premise that the water boards “do not have the authority to invoke laches to override the legislative mandate” in the MMP statute. CASA is concerned that the language in the orders may be precedential and lead to future MMP enforcement actions based on decade-old violations. Despite CASA’s concerns, the Board adopted the orders as proposed by staff. Given the recent efforts of the Water Boards to bring MMP enforcement current, it is not clear how significant this issue will be in future, but CASA will continue to monitor the timeliness of MMP actions. In early July, CASA provided comment and testimony to the State Water Board opposing four proposed orders imposing mandatory minimum penalties (MMPs) against entities in the Los Angeles Region. While CASA did not address the substance of the specific allegations against any of the permittees subject to the MMPs, CASA expressed concern that enforcement actions were being taken six to ten years after the incidents giving rise to the actions took place and long after the applicable statutes of limitation had expired. 015 14 California Association of Sanitation Agencies CalRecycle Proposes Exclusion from Solid Waste Regulations for the Acceptance of Hauled in Organic Waste at POTWs CASA and it member agencies continue to work toward a proactive solution to allow POTWs to accept hauled-in organic waste such as food waste and fats, oils, and grease (FOG) for anaerobic digestion without duplicative regulation by both CalRecycle and the State and Regional Water Boards. CalRecycle has released preliminary draft regulatory language that will exclude a POTW from its regulation for this activity as long as the POTW has developed appropriate standard operating procedures (SOPs) and/or is in compliance with a National Pollutant Discharge Elimination System (NPDES) permit or Waste Discharge Requirement (WDR) issued by the Water Boards covering the RENEWABLE RESOURCE PROGRAMSCalifornia Association of Sanitation Agencies wherein influent, effluent, and biosolids samples were analyzed for select pyrethroids. The samples were provided by 32 volunteer wastewater treatment plants from across the state representing a comprehensive cross section based on geography, treatment type, and flow. A draft report of the results has been submitted to the Steering Committee and is expected to be finalized and submitted to DPR and the United States Environmental Protection Agency (USEPA) in early fall. Representatives of the PWG will offer an overview and summary of results to CASA, Tri-TAC, and the Clean Water Summit partners, as well as other interested parties on September 4, 2013 in Sacramento and via webinar. Initial review indicates the survey results are generally consistent with earlier published work and mainly reinforce the hypothesis that USEPA and DPR are the appropriate regulatory bodies for to address these constituents under the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) rather than through traditional end of pipe permitting under the Clean Water Act. The survey would not have been possible without the participation of numerous CASA members, whose willingness to assist is greatly appreciated. Mine Reclamation Using California Biosolids Set to Begin CASA member Synagro has successfully completed a project using California biosolids on a superfund mine site reclamation project near Prescott. USEPA Region 9 awarded the contract and oversaw project, which used biosolids that originated from Orange County Sanitation District and South Orange County Water Authority. The biosolids were composted by Synagro and used at the Sheldon mine, an old gold mine with management of receipt of anaerobically digestible material. CASA has worked diligently with both agencies to develop reasonable permit language, which has been approved and will be inserted into permits, as well as the exclusion language for the CalRecycle regulations. The proposed exclusion language was subject to public comments and CASA expects it will remain essentially un-changed. Still to be determined is the means by which the permit condition will be inserted into existing NPDES permits and WDRs. CASA has been working with the State Water Board on an approach where a letter will be sent to permittees explaining that if the exclusion is sought, SOPs should be developed and a notification letter sent to the appropriate Regional Water Board. Satisfactory resolution of this issue is critical for the state since by accepting hauled-in organic waste for digestion, POTWs are working to fulfill at least three statewide mandates; the 33% renewable energy standard, the 75% recycling goal, and diversion from landfills as required by the Integrated Waste Management Act (AB 939). Pyrethroid Survey Sampling Complete; Draft Report Under Review The California Department of Pesticide Regulation (DPR) is reviewing the registration of pyrethroids, many of which have indoor uses such as pet shampoo and clothes laundering, and therefore may end up going down the drain to POTWs. CASA is a participant in a steering committee formed by Tri-TAC to represent POTW interests in this multi-year process. The Steering Committee has been working diligently with DPR and the Pyrethroid Working Group (PWG), representing the manufacturers, to execute a survey 016 152013 Annual Conference Newsletter tailings contaminated with arsenic and lead. A vegetative cap was constructed using the biosolids to limit metal mobility, reduce infiltration to groundwater, promote native vegetative growth, and provide a healthy organic matrix to minimize adverse effects. The project has been a success and USEPA Region 9 is seeking additional biosolids and biosolids compost for similar projects in California. Decennial State of the Science Syposium CASA has been working with a group of research scientists from across the nation in leading the planning for the fifth decennial state of the science symposium for biosolids. Such symposia began in 1973 and have been held each decade since. The next is currently planned as a forum to be held in conjunction with WEFTEC 2015 in Chicago. WEF has offered the symposium free room capacity and their administrative assistance for lodging, meals, and registration. Participation will be free. Additional information will be forthcoming on the CASA website, CASA Connects and the biosolids listserve. Implementation of Renewable Energy Legislation CASA is participating as a party in two proceedings before the California Public Utilities Commission (CPUC) convened to implement legislation adopted last year. The goal of AB 1900 is to facilitate the direct injection of biomethane from wastewater treatment plants, landfills, and dairy digesters into common carrier pipelines of the investor owned utilities (IOUs) such as Southern California Edison and PG&E. In May, the California Air Resources Board (CARB) in cooperation with the Office of Environmental Health Hazard Assessment (OEHHA) submitted to the CPUC risk-based biomethane standards for the protection of public health. One of the key findings of the report, which CASA generally supports, is that, from a public health perspective, the injection of biomethane does not present any additional health risk when compared to natural gas. The CPUC is also contemplating pipeline integrity standards and held a workshop in early July at which the IOUs made recommendations. The IOU recommendations are of significant concern to CASA, as they would discourage rather than facilitate pipeline injection. Many other states have had injection projects in place for years with no adverse effect. CASA’s comments, submitted in July, requested that CPUC scrutinize why California is far behind the rest of the nation in securing such a reasonable renewable energy source. CASA also requested that the cost of interconnection be considered as part of this proceeding since the high cost of interconnection faced by California energy generators also represents a significant hurdle. SB 1122 requires that the IOUs purchase 110 megawatts of power from wastewater or dairy digesters. The CPUC commissioned a report estimating power potential from these and other sources and to provide clarity on other issues of implementation. Unfortunately, the report grossly underestimated the potential contributions that wastewater plants stand ready to make, and applied unreasonable eligibility standards that will further frustrate achieving state goals. The report limits program eligibility to POTWs that currently have no anaerobic digestion, and thus would need to construct it, and those that flare 100% of the biogas and utilize none of it. CASA maintains that all POTWs that increase their power production or can increase the use of their biogas should be eligible. CASA was scheduled to meet with the report authors and the CPUC in early August for a tour of East Bay Municipal Utility District (EBMUD) facilities and will report on progress during the conference. Low Carbon Fuel Standard Offers Opportunity for POTWs CARB is required to establish criteria to achieve a 10% reduction in the carbon intensity (CI) of transportation fuel by 2020. As part of the effort to achieve this mandate, CARB is developing low carbon fuel standard (LCFS) protocols for various renewable fuels. A draft protocol has been developed for wastewater digester biogas used as either compressed or liquid fuel which has a CI of negative 65 for POTWs with greater than 100 MGD flow or positive 11.5 for POTWs with flow between 5 and 20 MGD. To put this into perspective, diesel fuel and gasoline have a CI of positive 97. Additional lowering of the CI can be requested if an agency land applies and/or composts its biosolids by gaining credit for the avoidance of fossil fuel based fertilizer and through carbon sequestration. Credits are currently rising rapidly in value. In addition to the state program, credit value is also available from the federal government in the form of Renewable Information Numbers (RINs), which are currently worth roughly $1.50 per gallon. POTWs can therefore gain value in three ways--the LCFS credit, the RINs, and through the use or sale of the fuel produced. This may be an attractive alternative for those POTWs in air districts with extremely restrictive emission limits on internal combustion engines or with otherwise restrictive ability to utilize the methane generated. Energy Workgroup Continues to Provide Valuable Input to CASA CASA’s energy workgroup has been meeting regularly to assist CASA in its goal to advance all renewable energy opportunities for wastewater treatment plants in California. The workgroup will provide input to CASA’s newly formed Utility Leadership Committee and the monthly conference calls and quarterly in- person meetings are supplemented by regular communication through the Energy Workgroup Listserve. Please contact the CASA staff if you have an interest in serving on the workgroup or would like additional information about CASA’s renewable energy program. 017 California Association of Sanitation Agencies 1225 8th Street, Suite 595 Sacramento, CA 95814 p: 916.446.0388 www.casaweb.org 018 August 21–24, 2013 Manchester Grand Hyatt One Market Place San Diego, CA 92101 58TH ANNUAL CONFERENCECalifornia Association of Sanitation Agencies PROGRAM E n s u ri n g C l e a n W a t e r f o r C a l i f o r nia Leading a Utility in Changing Times: Exploring Innovation 019 7:00 a.m. – 12:00 p.m. CSRMA Training Seminar Location: Cunningham ABC 12:00 p.m. – 5:00 p.m. Registration Location: Randle Foyer 1:30 p.m. – 2:30 p.m. Utility Leadership Committee Location: Cunningham B Chair David R. Williams, Central Contra Costa Sanitary District 2:30 p.m. – 4:30 p.m. CASA Executive Board Meeting Location: Cunningham C 4:30 p.m. – 6:30 p.m. CSRMA Executive Board Meeting Location: Cunningham A WEDNESDAY AUGUST 21, 2013 THURSDAY AUGUST 22, 2013 7:30 a.m. – 5:00 p.m. Registration Location: Randle Foyer 7:30 a.m. – 9:00 a.m. Continental Breakfast Location: Randle Foyer/Terrace 7:30 a.m. – 9:00 a.m. CSRMA Board of Directors Meeting Location: Cunningham ABC 7:30 a.m. – 9:00 a.m. Federal Legislative Committee Location: Randle DE Chair Ben Horenstein, East Bay Municipal Utility District 9:00 a.m. – 12:00 p.m. MORNING SESSION - The Utility of the Future Location: Randle ABC President John E. Hoagland presiding 9:00 – 9:30 a.m. CASA - Your Association of the Future President John E. Hoagland Executive Director Roberta L. Larson 9:30 – 10:30 a.m. Utility of the Future - From Theory to Practice Moderator: Logan Olds, General Manager, Victor Valley Wastewater Reclamation Authority Panel: - Glenn Reinhardt, Executive Director, Water Environment Research Foundation - Matt Ries, Chief Technical Officer, Water Environment Federation - Kevin Shafer, Executive Director, Milwaukee Metropolitan Sewerage District and Past President of the National Association of Clean Water Agencies 10:30 – 10:50 a.m. Networking Break Location: Randle Foyer/Terrace 10:50 – 11:50 a.m. Innovative Strategies for Building Your Organization’s Leadership Team Moderator: Georg Krammer, Koff & Associates Panel: - Finding the Right Leaders for Your Organization - Phillip Paule, Board President, Eastern Municipal Water District - Attracting Great Staff - Grace Chan, General Manager/Chief Engineer, Los Angeles County Sanitation Districts - Developing Your Team - Rich Currie, General Manager, Union Sanitary District Please complete the online annual conference survey http://www.surveymonkey.com/s/9G9BFQ9 020 L e a d ing a utility in changing times: Exploring Innovation 12:00 p.m. – 1:30 p.m. CONFERENCE LUNCHEON Location: Douglas C 12:30 – 12:45 p.m. Washington Report, Eric Sapirstein CASA Federal Legislative Advocate 12:45 – 1:00 p.m. State Legislative Report, Mike Dillon, CASA State Lobbyist 1:00 – 1:15 p.m. Introduction of 2013-2014 CASA Executive Board Nominees 1:15 – 1:30 p.m. 2014 Proposed CASA Membership Dues 1:45 p.m. – 4:10 p.m. Joint Directors and Managers Meeting - Innovative Capital Projects Location: Randle ABC Directors Chair Peer Swan, Irvine Ranch Water District Managers Chair Traci J. Minamide, City of Los Angeles, Bureau of Sanitation 1:45 – 2:15 p.m. 2013 CASA Achievement Award Announcements E.J. Shalaby, Achievement Awards Committee Chair 2:15 – 2:45 p.m. City of Modesto BNR Project – Near Term Permit and Accelerated Project William Wong, Acting Deputy Director and Wastewater Project Sr. Civil Engineer, City of Modesto 2:45 – 3:15 p.m. Sacramento Regional County Sanitation District – EchoWater Project Ruben Robles, Director of Operations, Sacramento Regional County Sanitation District 3:15 – 3:30 p.m. Networking Break Location: Randle Foyer/Terrace 3:30 – 4:10 p.m. New Water Supplies: Carlsbad Desalination Project Peter MacLaggan, Senior Vice President, Poseidon Resources Bob Yamada, Water Resources Planning Manager, San Diego County Water Authority 4:00 p.m. – 5:30 p.m. Associates Committee Meeting Location: Cunningham ABC Chair Dave Bachtel, Lee & Ro Vice Chair Steve Swanback, Carollo Engineers Filling the Education Gap for Professional Wastewater Services E.J. Shalaby, General Manager, West County Wastewater District 6:00 p.m. – 7:00 p.m. President’s Reception Location: Randle Foyer/Terrace Participants and guests are required to wear their name badge to meetings and receptions. 021 7:30 a.m. – 3:00 p.m. Registration Location: Randle Foyer 7:30 a.m. – 9:30 a.m. Continental Breakfast Location: Randle Foyer/Terrace 7:30 a.m. – 9:00 a.m. State Legislative Committee Meeting Location: Randle DE Chair Terrie Mitchell, Sacramento Regional County Sanitation District Vice Chair Jason Dow, Central Marin Sanitation Agency 8:00 a.m. – 9:00 a.m. Communications Committee Meeting Location: Cunningham A FRIDAY AUGUST 23, 2013 9:00 a.m. – 12:00 p.m. MORNING SESSION – Embracing Leadership Challenges Location: Randle ABC 9:00 – 9:10 a.m. Welcome and Session Overview Moderator: Lisa Rothbart, Associate Engineer, Orange County Sanitation District 9:10 – 10:00 a.m. Keynote: Felicia Marcus, Chair, State Water Resources Control Board 10:00 – 10:30 a.m. The Honorable Scott Peters, 52nd Congressional District, San Diego (invited) 10:30 – 10:50 a.m. Networking Break Location: Randle Foyer/Terrace 10:50 – 11:50 a.m. Public Information: Supporting the Utility of the Future - Angela Lowrey, Public Information Manager, Delta Diablo Sanitation District - Donna Jacomet, Public Affairs Officer, Eastern Municipal Water District - Sue Stephenson, Community Affairs Supervisor, Dublin San Ramon Services District - Michelle Powell, Communications Coordinator, Union Sanitary District - Michael Scahill, Manager Communication Services, Central Contra Costa Sanitary District - Jeff Reinhardt, Public Affairs & Communications Manager, Las Virgenes Municipal Water District - Michele McKinney–Underwood, Community & Government Affairs Manager, Western Municipal Water District MID-YEAR CONFERENCE January 15–17, 2014 SAVE THE DATE Renaissance Esmeralda Hotel Indian Wells, CA 92210 Reservations- (800) 446-9876 Exploring Innovation Felicia Marcus Scott Peters 022 Exploring Innovation 8:00 a.m. – 9:00 a.m. Breakfast Location: Randle ABC 9:00 a.m. – 10:30 a.m. Business Session Location: Randle ABC President John E. Hoagland presiding Election of 2013-14 Officers and Directors-at-Large Treasurer’s Report, June 30, 2013 Fiscal Year 2014 Budget - Amended 2014 Proposed Dues Resolution Executive Director’s Report Renewable Resource Programs Update Committee Reports: Action Items Last Order of Business - Passing of the Gavel Closing Remarks 12:00 p.m. – 1:15 p.m. Lunch on your own 12:00 p.m. – 4:00 p.m. Attorneys Committee Meeting Location: Randle DE Chair Bradley R. Hogin, Woodruff Spradlin & Smart Vice Chair Suzanne Rawlings, City of Santa Rosa California State Bar MCLE approved provider 1:30 p.m. – 4:00 p.m. GENERAL SESSION – Sustainable Approaches for a Better Future Location: Randle ABC 1:30 – 1:40 p.m. Welcome & Introductions Moderator: Laura Pagano, Regulatory Compliance Specialist, San Francisco Public Utilities Commission 1:40 – 2:20 p.m. Roadmap to Sustainable Energy Management Ed McCormick, Assistant General Manager, Union Sanitary District 2:20 – 2:50 p.m. Envision: Sustainability Strategies That Work Kathryn Gies, Principal Engineer, West Yost Associates 2:50 – 3:10 p.m. Networking Break Location: Randle Foyer/Terrace 3:10 – 3:40 p.m. Operator of the Future Chad Davisson, Wastewater Department Manager and Veolia Contract Administrator, City of Richmond 3:40 – 4:10 p.m. Staying Ahead of An Uncertain Future Rion Merlo, Senior Associate, Brown and Caldwell 4:10 p.m. – 5:00 p.m. Program Planning Meeting Location: Cunningham BC Chair Ed McCormick, Union Sanitary District Vice Chair Grace Chan, Los Angeles County Sanitation Districts SATURDAY AUGUST 24, 2013 023 NOTES 024 ACWA Assoc of California Water Agencies ANPRM Advanced Notice of Proposed Rulemaking APWA American Public Works Association ATCM Airborne Toxic Control Measure AWWA American Water Works Association BACWA Bay Area Clean Water Agencies BOD Biochemical Oxygen Demand CAAQS Calif Ambient Air Quality Standard CalARP Calif Accidental Release Prevention Program CARB Calif Air Resources Board CDFA Calif Dept of Food & Agriculture CDO Cease and Desist Order CECs Constituents of Emerging Concern CEQA Calif Environmental Quality Act CFR Code of Federal Regulations CMOM Capacity, Management, Operation and Maintenance CIWMB Calif Integrated Waste Management Board CPUC Calif Public Utilities Commission CSO Combined Sewer Overflow CTR California Toxics Rule CVCWA Central Valley Clean Water Association CWA Clean Water Act CWAP Clean Water Action Plan CWARA Clean Water Authority Restoration Act CWEA Calif Water Environment Association DHS Dept of Health Services DO Dissolved Oxygen DTSC Dept of Toxic Substances Control EBEP Enclosed Bays and Estuaries Plan EDW Effluent Dominated Waterbody EIS/EIR Environmental Impact Statement/Report EPA Environmental Protection Agency ERAF Educational Reserve Augmentation Fund ESMP Electronic Self^Monitoring Report FOG Fats, Oils and Grease GASB Government Accounting Standards Board HAP Hazardous Air Pollutant ISWP Inland Surface Waters Plan JPA Joint Powers Authority LA Load Allocation (non^point sources) LAFCO Local Agency Formation Commission LOCC League of California Cities LHC Little Hoover Commission MACT Maximum Achievable Control Technology (air controls) MCL Maximum Contaminant Level MGD Million Gallons per Day MMP Mandatory Minimum Penalty MOU Memorandum of Understanding MUN Municipal Drinking Water Use NACWA National Association of Clean Water Agencies NAS National Academy of Sciences’ NGOs Non Governmental Organizations NOP Notice of Preparation NOX Nitrogen Oxides NPDES Nat’l Pollutant Discharge Elimination System NPS Non^Point Source NRDC Natural Resources Defense Council NTR National Toxics Rule OMB Office of Management and Budget ONRW Outstanding National Resource Water PAG Public Advisory Group PAHs Polynuclear Aromatic Hydrocarbons PCBs PolyChlorinated Biphenyls POTWs Publicly Owned Treatment Works PPCPs Pharmaceutical and personal Care Products PSSEP Partnership for Sound Science in Environmental Policy QA/QC Quality Assurance / Quality Control Region IX Western Region of EPA (CA, AZ, NV & HI) RFP Request For Proposals RMP Risk Management Program RFQ Request For Qualifications RO Reverse Osmosis RWQCB Regional Water Quality Control Board SCAP Southern California Alliance of POTWs SEP Supplementary Environmental Projects SERTs Soluble or Extractable Regulatory Thresholds SLAPP Strategic Lawsuit Against Public Participation SIP State Implementation Policy (CTR/NTR criteria) SRF State Revolving Fund SS Suspended Solids SSO Sanitary Sewer Overflow SSMP Sewer System Management Plan SWRCB State Water Resources Control Board TAC Toxic Air Contaminant TCLP Federal Toxicity Characteristics Leaching Procedure TDS Total Dissolved Solids TMDL Total Maximum Daily Load Tri^TAC Technical Advisory Committee of CASA, CWEA, and LOCC TSD Total Solids Dissolved TSO Time Schedule Order TSS Total Suspended Solids UPCCAA Uniform Public Construction Cost Accounting Act UV Ultraviolet Treatment VOCs Volatile Organic Compounds WAS Waste Activated Sludge WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation WET Whole Effluent Toxicity or Waste Extraction Test WESTCAS Western Coalition of Arid States WIN Water Infrastructure Network WLA Waste Load Allocation (point sources) WMI Watershed Management Initiative WRFP Water Recycling Funding Program WRDA Water Resource Development Act WWTP Wastewater Treatment Plant WQBEL Water Quality Based Effluent Limitation WQS Water Quality Standards WWWIFA Water and Wastewater Infrastructure Financing Agency COMMON ACRONYMSCalifornia Association of Sanitation Agencies 025 UPCOMING CASA CONFERENCES John E. Hoagland – PRESIDENT Rancho California Water District Stephen A. Hogg – 1st VICE PRESIDENT City of Fresno David R. Williams – 2nd VICE PRESIDENT Central Contra Costa Sanitary District Tom Selfridge – SECRETARY-TREASURER Truckee Sanitary District Timothy P. Becker – DIRECTOR-AT-LARGE Oro Loma Sanitary District Paul Bushee – DIRECTOR-AT-LARGE Leucadia Wastewater District Kevin M. Hardy – DIRECTOR-AT-LARGE Encina Wastewater Authority Vivian Housen – DIRECTOR-AT-LARGE V.W. Housen & Associates Jeff M. Moorhouse – DIRECTOR-AT-LARGE Carpinteria Sanitary District Margie L. Rice – DIRECTOR-AT-LARGE Midway City Sanitary District E.J. Shalaby – DIRECTOR-AT-LARGE West County Wastewater District Gary W. Darling – PAST PRESIDENT Delta Diablo Sanitation District Harry T. Price – PAST PRESIDENT City of Fairfield/Fairfield-Suisun Sewer District 2013 CASA EXECUTIVE BOARD 2013 COMMITTEE CHAIRPERSONS CASA STAFF & CONSULTANTS Dave Bachtel, Associates Chair Bradley R. Hogin, Attorneys Chair E.J. Shalaby, Awards Chair Vacant, Bylaws Chair Jeff Reinhardt, Communications Chair Peer Swan, Directors Chair Traci Minamide, Managers Chair Ben Horenstein, Federal Legislative Chair Terrie Mitchell, State Legislative Chair Ed McCormick, Program Chair Joyce Gwidt, Conference Arrangements Chair John E. Hoagland, Evaluation Chair Gary W. Darling, Nominations Chair Tom Selfridge, Budget & Audit Chair Lisa Rothbart, Air Forum Chair Mike Sullivan, Land Forum Chair Laura Pagano, Water Forum Chair Richard Althouse, SWRCB - WW Treatment Plant Operator Certification Advisory Committee Representative Jackie Kepke, Tri-TAC Chair David R. Williams, Utility Leadership Chair Roberta L. Larson, Executive Director Greg Kester, Director of Renewable Resource Programs Adam D. Link, Director of Government Affairs Debbie Welch, Manager of Association Services Michael F. Dillon, State Legislative Lobbyist Eric N. Sapirstein, Federal Legislative Advocate Catherine A. Smith, Communication & IT Support Services California Association of Sanitation Agencies 1225 8th Street, Suite 595 Sacramento, CA 95814 p: 916.446.0388 www.casaweb.org CASA LEGISLATIVE & PUBLIC POLICY FORUM April 28-29, 2014 MONDAY-TUESDAY Sheraton Grand Hotel Sacramento, California 59TH ANNUAL CONFERENCE August 20-23, 2014 WEDNESDAY-SATURDAY Marriott Monterey Monterey, California WASHINGTON D.C. CONFERENCE February 24-26, 2014 MONDAY-WEDNESDAY Mayflower Renaissance Hotel Washington, D.C. Reservations: (877) 212-5752 MID YEAR CONFERENCE January 15–17, 2014 WEDNESDAY–FRIDAY Renaissance Esmeralda Hotel Indian Wells, CA 92210 Reservations (877) 622-3140 026 ITEM NO. 8.4 AGENDA REPORT Meeting Date: October 24, 2013 Budgeted:Yes Total Budget:$170,000 To:Board of Directors Cost Estimate:$154,000 Funding Source:All Water Funds From:Steve Conklin, Acting General Manager Account No:1-0010-2599-00 Presented By:John DeCriscio, Operations Manager Dept:Operations Reviewed by Legal:N/A Prepared By:Harold Hulbert, Operations Assistant CEQA Compliance:N/A Subject:Vehicle Purchases for District SUMMARY: In the 2013-14 District Capital Outlay Budget, the District Board approved the funds to purchase replacement vehicles for the Engineering, IT, and Operations Departments. In compliance with the District's purchasing policy, staff drafted vehicle specifications for each vehicle and requested quotes. The following dealerships were sent the specifications and responded with quotes: Villa Ford, Elk Grove Ford, Raceway Ford, and Fairway Ford. STAFF RECOMMENDATION: That the Board of Directors authorize the Acting General Manager to make the purchases as listed below and as approved in the District Budget with the changes noted. The total estimated cost of the four replacement vehicles is $154,000. COMMITTEE RECOMMENDATION: This item did not go to committee because it was approved by the Board as part of the FY13-14 Budget approval. DISCUSSION: Prior to requesting quotes for vehicle purchases, the District's Mechanical Services Division met with each department to confirm their vehicle needs listed in the approved budget. In one case the IT Department budgeted $39,000 for an F250 truck with a service body, but has elected to purchase a full size van with cabinets for approximately $25,000. Following past practices, staff would submit one agenda report for each vehicle, resulting in staff time to put together each agenda report. Instead, it was determined that staff would submit one agenda report listing each vehicle separately, by department with quote cost and recommended vendor. Specifications for the vehicles are available if needed. Below is a list of each vehicle, by department and the cost quote from the dealers for the full purchase price for each vehicle. We have also listed the vehicle that will be replaced, with current year and mileage of the old vehicle. 1. Engineering requested a F150 4x4 to replace Unit 151 a 2002 GMC Envoy. Current mileage: 146,000. a.Villa Ford: $ 25,366.66 b.Elk Grove Ford: $ 25,732.43 c.Raceway Ford: $ 26,245.78 d.Fairway Ford: $ 26,283.69 The low quote is Villa Ford. 2. IT/SCADA requested a Ford Explorer to replace a 2002 GMC Envoy that had been totaled in an accident several years ago. a.Villa Ford: $ 27,107.89 b.Elk Grove Ford: $ 27,538.88 c.Raceway Ford: $ 27,162.97 d.Fairway Ford: $ 28,745.28 The low quote is Villa Ford. 3. IT/SCADA requested a E-150 Van to replace Unit 143 a 2000 Chevy 2500. Current mileage: 111,000. *This vehicle was listed as a Ford F250 in the budget. a.Villa Ford: $21,647.14 b.Elk Grove Ford: $21,606.59 c.Raceway Ford: $21,877.05 d.Fairway Ford: $23,410.89 While Elk Grove Ford had the lowest quote by $40.55, staff is recommending we go with Villa Ford. Elk Grove Ford is located in Sacramento County, while Villa Ford is local and is the low quote on three of the other listed vehicles. Furthermore staff is estimating that there will be approximately $ 3,300.00 in accessories for this vehicle, which would include shelving, tool boxes and either roof air or ladder rack which may need to be coordinated with the dealer. Total estimated cost using Villa Ford quote would be around $24,947.14. 4. Operations requested a Ford F550 Truck to replace Unit 158 a 2003 Ford F450. Current mileage 64,200. This vehicle has low miles, but high operating hours, as it is equipped with tools that operate off the vehicle's engine. This vehicle was listed as a Ford F450 in the budget, but was determined by staff to require a F550 due to weight requirements. The vehicle purchase has been separated into three parts, cab & chassis, service body, and accessories. 1.Cab & Chassis; a.Villa Ford: $33,473.64 b.Elf Grove Ford: $34,444.84 c.Raceway Ford: $34,620.48 d.Fairway Ford: $36,123.29 Villa Ford is the lowest quote. 2. Service Body; a.Pacific Truck Equipment: $41,124.61 b.California Truck Equipment: $41,294.65 Pacific Truck Equipment provided the lowest quote. 3. Accessories; Staff estimates an additional $1,300.00 in accessories to complete this vehicle. Total estimated build cost: $75,898.25 Approved by the Board of Directors of the Yorba Linda Water District 10/24/2013 RC/PH 5-0 ITEM NO. 10.1 AGENDA REPORT Meeting Date: October 24, 2013 Subject:Executive-Administrative-Organizational Committee (Melton/Kiley) · Minutes of meeting held October 15, 2013 at 4:00 p.m. · Meeting scheduled November 21, 2013 at 4:00 p.m. ATTACHMENTS: Name:Description:Type: 101513_EAO_-_Minutes.docx EAO Mtg Minutes 10/15/13 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT EXECUTIVE-ADMINISTRATIVE-ORGANIZATIONAL COMMITTEE MEETING Tuesday, October 15, 2013, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The October 15, 2013 meeting of the Yorba Linda Water District’s Executive- Administrative-Organizational Committee was called to order by Director Melton at 4:05 p.m. The meeting was held in the Admin Conference Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. ROLL CALL COMMITTEE STAFF Director Gary T. Melton, Chair Steve Conklin, Acting General Manager Director Robert R. Kiley Damon Micalizzi, Public Information Officer OTHER ATTENDEES Art Kidman, Partner, Kidman Law LLP Heather Dion, Senior Director, Townsend Public Affairs 3. PUBLIC COMMENTS None. 4. ACTION CALENDAR 4.1. Board of Directors’ Compensation The Committee discussed this matter and instructed staff to bring it to the Board of Directors for consideration in December. 5. DISCUSSION ITEMS 5.1. Status of Legislative Affairs (Verbal Report) Ms. Dion and the Committee discussed local and state issues of interest to the District. 5.2. Status of OCWD Annexation Project (Verbal Report) Mr. Conklin reported that the final plot and legal description for the annexation area had been finalized and signed as required by a Professional Land Surveyor. Those documents were inserted into the Annexation Agreement and will be hand-delivered to OCWD on October 16, 2013. In addition, the final plot and legal description were delivered to 2 the County Surveyor for review and approval, which is required before submittal to LAFCO for annexation consideration. 5.3. Status of Sage and Esperanza Hills Development Projects (Verbal Report) Mr. Conklin reported that LAFCO, at its October 9, 2013 meeting, placed the effort for a stakeholder meeting for the above projects on hold until further notice. He stated that he had not received any other new information on the projects. 5.4. Status of Plumosa Property Sale (Verbal Report) Mr. Conklin reported that the firm selected to perform the appraisal had to withdraw after its principal was injured and is unable to work at this time. He indicated that staff is completing an agreement with the second firm which provided a quote ($6,000) for the work. Staff hopes to have some results by the next Committee meeting. 5.5. District Facilities Wildfire Mitigation Report Mr. Conklin reviewed the subject report prepared by staff with the Committee. Following discussion, the Committee supported the recommendations but asked that staff investigate the feasibility of having water sprinklers at the higher risk sites be remotely operated. 5.6. Invitation to Join the California Association of Sanitation Agencies (CASA) Mr. Conklin described his recent discussion with Mike Dunbar, past President of CASA, and Mr. Dunbar’s invitation for the District to join CASA. Information provided by CASA was reviewed by the Committee. Following discussion, the Committee recommended that this matter be brought to the Board for consideration. Ms. Dion left the meeting following discussion of Item No. 5.6. 5.7. Joint Agency Meetings with the City of Placentia (October 14, 2013) and City of Yorba Linda (October 16, 2013) Director Melton and Mr. Conklin described the items discussed at the Placentia Joint Agency meeting. Mr. Conklin handed out a draft letter he prepared as requested at the Joint Agency meeting, as the District’s response to the October 2, 2013 letter from the City concerning the annexation to OCWD. The Committee reviewed the draft letter and recommended that it be brought to the Board for review and consideration for sending to the City of Placentia. The Committee discussed the plans and presentations for the October 16, 2013 City of Yorba Linda meeting. 5.8. Status of Operations and Efficiency Study (Verbal Report) There was nothing new to report. 3 5.9. Status of Strategic Plan Initiatives These were reviewed with no comment. 5.10. Future Agenda Items and Staff Tasks None. The Committee adjourned to Closed Session at 5:07 pm. Directors Melton and Kiley were present. Also present were Messrs. Conklin and Kidman. 6. CLOSED SESSION 6.1. 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) 6.2. 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) 6.3. 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 6.4. 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 4 The Committee reconvened in Open Session at 5:20 p.m. Director Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 7. ADJOURNMENT 7.1. The meeting was adjourned at 5:21 p.m. The next Executive- Administrative- Organizational Committee meeting is scheduled to be held Thursday, November 21, 2013 at 4:00 p.m. ITEM NO. 10.3 AGENDA REPORT Meeting Date: October 24, 2013 Subject:Personnel-Risk Management Committee (Collett/Beverage) · Minutes of meeting held October 8, 2013 at 4:00 p.m. · Meeting scheduled November 12, 2013 at 4:00 p.m. ATTACHMENTS: Name:Description:Type: 100813_PRM_-_Minutes.doc PRM Mtg Minutes 10/08/13 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING Tuesday, October 8, 2013 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The October 8, 2013 meeting of the Yorba Linda Water District’s Personnel-Risk Management Committee was called to order by Director Collett at 4:00 p.m. The meeting was held in the Admin Conference Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. ROLL CALL COMMITTEE MEMBERS PRESENT STAFF PRESENT Director Ric Collett, Chair Steve Conklin, Acting General Manager Director Michael J. Beverage Gina Knight, HR and Risk Manager 3. PUBLIC COMMENTS None. 4. DISCUSSION ITEMS 4.1. Human Resources, Risk Management, and Safety Activity Staff reported that the following recruitments were filled with successful candidates: Limited-term Sr. Accountant, and Maintenance Worker I. In addition, the following positions would soon be filled with successful candidates: Safety and Training Coordinator, and Accounting Assistant I. Interviews for the Water Superintendent were conducted on October 1, 2013 and interviews for the General Manager position were conducted on October 4, 2013. 4.2. Status of Performance Evaluations (Verbal Report) The Committee reviewed the latest version of the performance evaluation report for all District employees. The Committee was informed that managers are reminded and encouraged to prepare timely evaluations at each Managers’ meeting. 4.3. Status of Assessment of Job Descriptions and Titles (Verbal Report) Nothing reported. 2 4.4. Status of Human Resources Module of Dynamics GP Software (Verbal Report) Mrs. Knight reported that training was scheduled for October 10, 2013 with several District staff members and a consultant familiar with Microsoft Great Plains HR software to learn how to use the position control fields to generate position control reports and maintain the position structure of the organization. 4.5. Status of General Manager Recruitment (Verbal Report) Nothing reported. 4.6. Future Agenda Items and Staff Tasks None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 4:45 p.m. The next Personnel-Risk Management Committee meeting is scheduled to be held Tuesday, November 12, 2013 at 4:00 p.m. ITEM NO. 10.4 AGENDA REPORT Meeting Date: October 24, 2013 Subject:Planning-Engineering-Operations Committee (Kiley/Hawkins) · Minutes of meeting held October 7, 2013 at 12:00 p.m. · Meeting scheduled November 13, 2013 at 12:00 p.m. ATTACHMENTS: Name:Description:Type: 100713_-_PEO_Minutes.docx PEO Mtg Minutes 10/07/13 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING Monday, October 7, 2013, 12:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The October 7, 2013 meeting of the Yorba Linda Water District’s Planning- Engineering-Operations Committee was called to order by Director Kiley at 12:00 p.m. The meeting was held in the Admin Conference Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. ROLL CALL COMMITTEE MEMBERS PRESENT STAFF PRESENT Director Robert R. Kiley, Chair Steve Conklin, Acting General Mgr Director Michael J. Beverage, Alternate John DeCriscio, Operations Mgr ALSO PRESENT Mike Payne, Representing the King Family Gordon Thomson, Representing the King Family 3. PUBLIC COMMENTS None. 4. ACTION CALENDAR 4.1. Terms and Conditions for Water and Sewer Service with King Family Trust, Tract 16488 Mr. Conklin reported that the King Family Trust is proposing to develop its 20-acre site with 11 residential lots in the upper Casino Ridge area. Terms and Conditions for the proposed project were approved by the Board on Oct 13, 2011, and subsequently expired 6-months thereafter due to no action by the applicants. Messrs. Payne and Thomson, representing the King Family, were present at the meeting, described recent events, and made a request for re-approval of the same terms and conditions. Following discussion, the Committee supported the staff recommendation that the Board approve the Terms and Conditions for Water and Sewer Service with the King Family Trust, Tract 16488. At the conclusion of this item, Messrs. Payne and Thomson left the meeting. 4.2. Approval of Change Order No. 3 for the 2012 Waterline Replacement Phase II Project Mr. Conklin reported that work is proceeding on construction of the subject project, and described the work in the requested Change Order No. 3. Following discussion, the Committee supported the staff recommendation 2 that the Board approve Change Order No. 3 in the amount of $34,013.69 and no additional days for TBU Construction Inc., for the subject project. 4.3. Award of Construction Contract for the Drilling of W ell No. 21 Mr. Conklin reported that three bids were received for the drilling of Well No. 21 on September 19, 2013. He indicated that staff reviewed the bid documents of the three bidders and recommends award to the low-bidder, Bakersfield Well & Pump Co in the amount of $863,345. Following discussion, the Committee supported the staff recommendation to the Board for approval. 4.4. Award of Wellhead Equipping Design for Well No. 21 Mr. Conklin reported that staff prepared and distributed a RFP for engineering services for wellhead equipping for Well 21. Proposals were received from 7 engineering firms. Members of the District’s project review team each evaluated the 7 proposals and ranked them based on technical merit. Following the technical evaluation and ranking of the proposals, the separate envelope from each proposer with proposed fee for services was opened. The evaluation process and findings were reviewed and discussed with the Committee. At the conclusion of that discussion, the Committee supported the staff recommendation that the Board authorize execution of a PSA with Stantec Consulting Inc for a fee not to exceed $147,258 for engineering services for the Well 21 Equipping Project. 4.5. Amendment No. 1 to Professional Services Agreement with CDM Smith for Hydrogeologic Services for Well No. 21 Mr. Conklin reported that OCWD recently added a requirement that full- time monitoring of the drilling activities be provided to ensure that unauthorized discharges of drilling fluids will not be disposed of into OCWD”s recharge facilities, located near the well site. District staff requested that CDM Smith, the District’s consultant for the drilling of Well No. 21, provide a proposal for this monitoring, which was not included in the exiting scope of work provided by CDM Smith. Following discussion of this work item and the proposal by CDM Smith, the PEO Committee supported the staff recommendation that the Board approve Amendment No. 1 in the amount of $10,620 for CDM Smith for the additional oversight monitoring as required by OCWD. 4.6. Quitclaim Deed and Relocation of Easement for 4830 Roosevelt Court Mr. Conklin reported that the property owners at 4830 Roosevelt Court requested that the District quitclaim and relocate an existing 15-ft wide easement across their property. Following discussion, the Committee supported the staff recommendation that the Board authorize the Quitclaim Deed and authorize execution of a Easement Deed for the District’s pipeline across the subject property. 3 4.7. Quitclaim Deed for 18151 Catalina Court Mr. Conklin reported that the property owners at 18151 Catalina Court requested that the District quitclaim a portion of an existing 15-ft wide easement that includes an abandoned waterline. Following discussion, the Committee supported the staff recommendation that the Board authorize execution of a Quitclaim Deed for the subject property. 4.8. Supplemental Declaration for Amalfi Hills Mr. Conklin reported that the District and Shapell have been working together to document the transfer of landscape maintenance obligations and have prepared documents to that effect, that were provided to and discussed with the Committee. Following that discussion, the Committee supported the staff recommendation that the Board approve the Supplemental Declaration of Covenants, Conditions, Restrictions and Reservations of Easements for Amalfi Hills. 5. DISCUSSION ITEMS 5.1. City of Yorba Linda 2013-14 Pavement Resurfacing – Valve and Manhole Adjustments Mr. Conklin reported that in accordance with the City of YL/YLWD Public Sewer Transfer Agreement, the District is financially responsible for adjusting water valve covers and manhole covers to grade. Staff estimates that the adjustment work for this fiscal year will cost approximately $100,445 and is informing the Committee of this unbudgeted expense. He advised that staff will coordinate with the City on estimated work planned in FY 14-15 to include that in the District’s 2014-14 Budget. 5.2. Status of OCWD Annexation Process (Verbal Report) Mr. Conklin reported that the agreement for annexation approval is coming to the YLWD Board for consideration on October 10, 2013. 5.3. Status of Cielo Vista and Esperanza Hills Development Projects (Verbal Report) Mr. Conklin reported that he was not aware of any new developments concerning these projects. He understands that representatives may attend the Joint Agency community meeting on October 16, 2013. 5.4. Monthly Groundwater Production and Purchased Import Water Report Mr. DeCriscio reported that groundwater production was 33% for September 2013 and will be increasing to meet our annual goal of 51.8%. He noted that to date, our total water demand is within 0.4% of our projection. 5.5. Monthly Production Summary Report Mr. DeCriscio reported on water production, weather conditions, water quality, and equipment removed from and restored to service in September 2013. 4 5.6. Maintenance Division Preventative Maintenance (PM) Report Mr. DeCriscio reported on the status of PM work in September. He noted that work goals are on target. Work crews have been concentrating on maintenance and repairs for PRV stations. This has taken precedence over PM for dead-end flushing and air vacs. 5.7. Groundwater Producers Meeting Report for September 2013 Messrs. Conklin and DeCriscio reported on items discussed at the September Groundwater Producers meeting. 5.8. Status Report on Capital Projects in Progress Mr. Conklin reported on capital projects currently in planning, design and construction. He noted that the CIP Report has been expanded to include a list of development projects currently under review by the Engineering Department for water and/or sewer permits. Mr. Conklin also briefed the Committee on the work that OCWD staff has requested that YLWD complete in Conrock Basin. This work is construction of the slope erosion protection for the Well 21 bypass flow. OCWD asked that this work be completed by November while Conrock Basin has a low-water level. Mr. Conklin showed the Committee a copy of the near-complete design plans for erosion-control work, for which bids will be solicited from two contractors. 5.9. Status of Strategic Plan Initiatives Mr. Conklin reviewed the status of strategic plan initiatives that relate to engineering and operations issues. 5.10. Future Agenda Items and Staff Tasks None. 6. ADJOURNMENT 6.1. The meeting was adjourned at 1:37 p.m. The next Planning-Engineering- Operations Committee meeting is scheduled to be held Wednesday, November 13, 2013 at 12:00 p.m. ITEM NO. 10.5 AGENDA REPORT Meeting Date: October 24, 2013 Subject:Public Affairs-Communications-Technology Committee (Beverage/Collett) · Minutes of meeting held October 14, 2013 at 4:00 p.m. · Meeting scheduled November 4, 2013 at 4:00 p.m. ATTACHMENTS: Name:Description:Type: 101413_PACT_-_Minutes.docx PACT Mtg Minutes 10/14/13 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC AFFAIRS-COMMUNICATIONS-TECHNOLOGY COMMITTEE MEETING Monday, October 14, 2013, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The October 14, 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. 2. ROLL CALL COMMITTEE STAFF Director Michael J. Beverage, Chair Steve Conklin, Acting General Mgr Director Ric Collett Art Vega, Acting IT Manager Damon Micalizzi, Public Info Officer 3. PUBLIC COMMENTS None. 4. DISCUSSION ITEMS 4.1. Status of Dynamics GP HR Consultant (Verbal Report) Mr. Conklin and Mr. Vega reported on the status of work being provided by our consultant for the Human Resources module of the Dynamics GP software. Mr. Conklin informed the Committee that a meeting was held with all of HR, himself, Mr. Vega and the District’s Programmer Analyst. All agreed that there is progress being made and expect that the next phase, Position Control, will go well. The meeting scheduled the prior week was rescheduled for this Thursday to give the consultant more time to prepare due to changes to the agenda made by District staff. Mr. Vega added that HR indicated that they would like to continue with the Consultant with assistance relating to Benefits and FMLA. 4.2. Dynamics GP Upgrade Status (Verbal Report) Mr. Vega updated the Committee on the status of the Dynamics GP Upgrade status. Mr. Vega informed the Committee that all servers for the test have been setup and that the new version of the software, Dynamics GP 2013 has been installed and a test database has been converted. There is a pending meeting coming up with Finance, Customer Service and HR to go over what each Department will be doing in parallel to test the new version of the software. Mr. Vega further explained that he had logged into the new software and indicated that it looked very similar to the current version but noticed some enhancements. 2 4.3. Status of Current Public Outreach Activities The Committee reviewed upcoming Public Outreach Activities noting the District’s participation in the Placentia Heritage Festival. 4.4. Future Outreach and Press Relations (Verbal Report) Mr. Micalizzi informed the Committee that the OC Register is planning to attend the upcoming Joint Agency Town Hall Meeting on October 16th. He discussed the agenda for that meeting and the District’s presentation. 4.5. YLWD.com Review and Analytics Report (To be provided at the meeting.) The Committee reviewed the Analytics Report, noting that the website is getting the most traffic on Mondays with Jobs and Customer Service being the most frequently visited areas of the site. 4.6. Future Agenda Items and Staff Tasks None 5. ADJOURNMENT 5.1. The meeting was adjourned at 5:10 p.m. The next Public Affairs- Communications-Technology Committee meeting is scheduled to be held Monday, November 4, 2013 at 4:00 p.m. ITEM NO. 12.1 AGENDA REPORT Meeting Date: October 24, 2013 Subject:Meetings from October 25, 2013 - November 30, 2013 ATTACHMENTS: Name:Description:Type: BOD_-_Activities_Calendar.pdf Backup Material Backup Material Event Date Attendance by: October 2013 Diemer 50th Anniversary & Ozone DedicationFri, Oct 25Beverage/Collett/Hawkins/Kiley Citizens Advisory Committee MeetingMon, Oct 28Beverage Finance-Accounting Committee MeetingMon, Oct 28Hawkins/Melton ISDOCThu, Oct 31Collett/Kiley November 2013 WACOFri, Nov 1Hawkins/Kiley Pub Affairs-Communications-Tech Committee MeetingMon, Nov 4Beverage/Collett Yorba Linda City CouncilTue, Nov 5Kiley MWDOC/MWD WorkshopWed, Nov 6Melton WEROC South EAO Open HouseWed, Nov 6 OCWD BoardWed, Nov 6Kiley MWDOC Elected Officials ForumThu, Nov 7 Yorba Linda LMAD CACThu, Nov 7Beverage Weymouth Treatment Plant Inspection TripFri, Nov 8Collett/Kiley District Offices ClosedMon, Nov 11 Personnel-Risk Management Committee MeetingTue, Nov 12Collett/Beverage LAFCOWed, Nov 13Beverage Planning-Engineering-Operations Committee MeetingWed, Nov 13Kiley/Hawkins Yorba Linda Planning CommissionWed, Nov 13Melton Board of Directors Regular MeetingThu, Nov 14 CSDA Special District Leadership Academy ConferenceSun, Nov 17Melton CSDA Special District Leadership Academy ConferenceMon, Nov 18Melton CSDA Special District Leadership Academy ConferenceTue, Nov 19Melton Yorba Linda City CouncilTue, Nov 19Collett CSDA Special District Leadership Academy ConferenceWed, Nov 20Melton MWDOC BoardWed, Nov 20Melton OCWD BoardWed, Nov 20Kiley Exec-Admin-Organizational Committee MeetingThu, Nov 21Melton/Kiley Yorba Linda LMAD CACThu, Nov 21Kiley Citizens Advisory Committee MeetingMon, Nov 25Beverage Finance-Accounting Committee MeetingMon, Nov 25Hawkins/Melton Joint Committee Meeting with MWDOC and OCWDTue, Nov 26Beverage/Melton Board of Directors Regular MeetingWed, Nov 27 Yorba Linda Planning CommissionWed, Nov 27Hawkins District Offices ClosedThu, Nov 28 12:00PM 4:00PM 8:30AM 6:30PM 7:00AM 8:00AM 8:30AM 5:30PM 4:00PM 6:30PM 8:30AM 6:30PM 8:30AM 5:30PM 8:00AM 8:00AM 6:30PM 6:30PM 8:00AM 7:00AM 4:00PM 8:30AM 12:00PM 4:00PM 6:30PM 8:30AM 1:00PM 5:30PM 5:30PM 8:30AM 9:00AM 11:30AM 7:45AM Board of Directors Activity Calendar Time 10:00AM 10/16/2013 5:01:39 PM ITEM NO. 13.1 AGENDA REPORT Meeting Date: October 24, 2013 Subject:WEROC South EOC Open House - November 6, 2013 Weymouth Treatment Plant Inspection Trip - November 8, 2013 STAFF RECOMMENDATION: That the Board of Directors authorize Director attendance at these events if desired. ATTACHMENTS: Name:Description:Type: WEROC_Open_House.pdf Backup Material Backup Material Approved by the Board of Directors of the Yorba Linda Water District 10/24/2013 MB/RC 5-0 When Wednesday November 6, 2013 from 1:00 PM to 4:00 PM PST Add to Calendar Where WEROC South EOC 26081 Via Pera Mission Viejo, CA 92691 Driving Directions NOVEMBER 6, 2013 South EOC Open House Event Dear Steven, The Water Emergency Response Organization of Orange County (WEROC) would like to invite you to join us at the south Emergency Operations Center (EOC) on November 6, 2013, from 1:00 p.m. to 4:00 p.m., to learn more about Orange County emergency management, and what tools and equipment we use to assist Orange County water and wastewater agencies in an emergency situation.   Get more information! Register Now! Forward email This email was sent to sconklin@ylwd.com by cmccabe@mwdoc.com | Update Profile/Email Address | Instant removal with SafeUnsubscribe™ |Privacy Policy. Municipal Water District of Orange County | 18700 Ward Street | Fountain Valley | CA | 92708 Page 1of 1November 6, 2013-WEROC South EOC Open House 10/15/2013http://campaign.r20.constantcontact.com/render?llr=xr8waecab&v=001Jh0o9o-z...