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Agenda Packet
Regular Meeting of the
Board of Directors
April 24, 2008
3:30 a. m.
1717 E. Miraloma Avenue, Placentia, CA 92870
~ J
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, April 24, 2008, 8:30 A.M.
1717 E. Miraloma Ave. Placentia, CA 92870 (714) 701- 3020
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
John W. Summerfield, President
William R. Mills, Vice President
Paul R. Armstrong
Michael J. Beverage
Ric Collett
INTRODUCTION OF VISITORS AND 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 this 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 this agenda.
Comments are limited to matters of public interest and matters within the jurisdiction of the Water District.
Comments are limited to five minutes.
SPECIAL RECOGNITION
Introduce Ruben Maldonado newly hired Water Quality Technician I, Engineering
Department.
Introduce Shelly Collins, Temporary Executive Secretary, Administrative Department.
Introduce Jane Guo, Temporary Accounting Technician, Business Department.
CONSENT CALENDAR (Items 1 through 4)
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, the staff,
or the public requests further consideration.
1. Minutes of the Regular Board of Directors meeting held April 10, 2008.
Recommendation: Approve the minutes as presented.
2. Payment of bills, refunds, and wire transfers.
Recommendation: Ratify and authorize disbursements in the amount of
$2,361,388.74.
3. Declaration of Restrictive Covenants Agreement - 5550 Sugar Pine Drive
Recommendation: Authorize the President and Secretary to execute the
Declaration of Restrictive Covenants Agreement with Miguel Chavez and
Blanca Sanchez-Chavez subject to approval as to form by General Counsel.
4. Progress Payment No. 11 for the Lakeview Reservoir Construction.
Recommendation: Approve Progress Payment No. 11 in the net amount of
$811,325.25 to SSC Construction, Inc. for construction of the Lakeview
Reservoir Project, Job No. 200704.
ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board discussions are needed prior
to formal Board actions.
5. Construction of the New District Administration Building
Recommendation: That Board of Directors approve Change Order No. 12 in
the amount of $104,891.45 and Final Progress Payment No. 13 in the net
amount of $554,768.63 to J.E. Grant General Contractors; authorize staff to
file the Notice of Completion and release the retention thirty five days
following the recordation of the Notice of Completion, if no liens have been
filed; release the Labor and Material Bond and release the Faithful
Performance Bond in one year, if no defects have been found for the New
Administration Building Project, Job No. 200313.
6. Financial Statements for the first and second quarters of fiscal year 2007-2008 for
the periods ending September 30 and December 31, 2007 respectively.
Recommendation: That the Board of Directors receive and file the financial
statements for the first and second quarter of fiscal year 2007-2008 for the
periods ending September 30 and December 31, 2007 respectively.
DISCUSSION ITEMS
This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of
the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or
similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting,
it is generally in the District's interest to discuss these more complex matters at one meeting and consider
formal action at another meeting. This portion of the agenda may also include items for information only.
7. Wells Capital Investment report for the third quarter of fiscal year 2007/08.
Recommendation: This is for information only. No action is required.
8. Administration Building Update
Recommendation: This is for information only. No action is required.
REPORTS, INFORMATION ITEMS AND COMMENTS
9. a. President's Report
b. Directors Reports
c. General Managers Report
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COMMITTEE REPORTS
10. a. Executive-Administrative-Organizational Committee
(Summerfield/Mills) Alternate: Collett
1) Minutes of meeting held April 23 will appear in the Board agenda for May
15.
2) Meeting scheduled for May 20, 4:00 p.m.
b. Finance-Accounting Committee
(Beverage/Summerfield) Alternate: Mills
1) Minutes of meeting held April 8.
2) Meeting scheduled for May 13, 4:00 p.m.
c. Personnel-Risk Management Committee
(Armstrong/Collett) Alternate: Summerfield
1) Schedule a meeting.
2) Meeting scheduled for May 12, 4:00 p.m.
d. Planning-Engineering-Operations Committee
(Mills/Armstrong) Alternate: Beverage
1) Meeting scheduled for May 1, 4:00 p.m.
e. Public Information Committee
(Collett/Beverage) Alternate: Armstrong
1) Minutes of meeting held April 11.
2) Minutes of meeting held April 17.
3) Meeting scheduled for April 25, 4:00 p.m.
f. Building Ad Hoc Committee
(Beverage/Summerfield) Alternate: Armstrong
1) Schedule meeting.
g. MWDOC Ad Hoc Committee
(Mills/Beverage) Alternate: Collett
1) Minutes of meeting held April 22 will appear in the Board agenda for May
15.
2) Meeting scheduled for June 24, 4:00 p.m.
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h. City of Placentia Ad Hoc Committee
(Beverage/Payne)
1) Meeting to be scheduled.
i. City of Yorba Linda Ad Hoc Committee
(Summerfield/Payne)
1) Meeting to be scheduled.
INTERGOVERNMENTAL MEETINGS
11. a. Yorba Linda City Council, April 15 (Armstrong)
b. MWDOC Board, April 16 (Staff)
c. OCWD Board, April 16 (Staff)
d. Yorba Linda Planning Commission, April 23 (Summerfield)
BOARD OF DIRECTORS ACTIVITY CALENDAR,
Authorization to attend meetings scheduled after April 24, 2008. Agenda is available in the District office
prior to meeting.
April 2008
FCity of Placentia Dedication of Miraloma Ave., April 29, 8:30 a.m.
District Board Tour, April 29, 9:00 a.m.
Mav 2008
FPlanning-Engineering-Operations Committee, May 1, 4:00 p.m.
I Mills/Armstrong
WACO, May 2, 7:30 a.m.
Public Information Committee, May 6, 4:00 p.m.
I Collett/Beverage
Yorba Linda City Council, May 6, 6:30 p.m.
I Mills
MWDOC/MWD Joint Workshop, May 7, 8:30 a.m.
I Staff
OCWD Board, May 7, 5:00 p.m.
I Staff
Personnel-Risk Management Committee, May 12, 4:00 p.m.
I Armstrong/Collett
Finance-Accounting Committee, May 13, 4:00 P.M.
Beverage/Summerfield
Yorba Linda Planning Commission, May 14, 7:00 p.m.
I Collett
District Board Meeting, May 15, 8:30 a.m.
I
Executive-Admin-Organizational Committee, May 20, 4:00 p.m.
I Summerfield/Mills
Yorba Linda City Council, May 20, 6:30 p.m.
I Armstrong
MWDOC Board, May 21, 8:30 a.m.
I Staff
OCWD Board, May 21, 5:00 p.m.
I Staff
Yorba Linda Planning Commission, May 28, 7:00 p.m.
I Summerfield
District Board Meeting, May 29, 8:30 a.m.
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June 2008
Public Information Committee, June 3, 4:00 p.m.
Yorba Linda City Council, June 3, 6:30 o.m.
MWDOC/MWD Joint Workshop, June 4, 8:30 a.m.
OCWD Board, June 4, 5:00 P.M.
Planning-Engineering-Operations Committee, June 5, 4:00 p.m.
WACO, June 6, 7:30 a.m.
Personnel-Risk Management Committee, June 9, 4:00 p.m.
Finance-Accounting Committee, June 10, 4:00 p.m.
Yorba Linda Planning Commission, June 11, 7:00 p.m.
District Board Meeting, June 12, 8:30 a.m.
Executive-Admin-Organizational Committee, June 17, 4:00 p.m.
Yorba Linda City Council, June 17, 6:30 o.m.
MWDOC Board, June 18, 8:30 a.m.
OCWD Board, June 18, 5:00 p.m.
Yorba Linda Planning Commission, June 25, 7:00 p.m.
District Board Meeting. June 26, 8:30 a.m.
CONFERENCES AND SEMINARS
I Collett/Beverage
Mills
I Staff
I Staff
Mills/Armstrong
I
Armstrong/Collett
Beverage/Summerfield
Collett
I
Summerfield/Mills
Armstrong
Staff
I Staff
Summerfield
I
12. Authorize attendance of Directors and such staff members of the District as
approved by the General Manager to attend the following conferences and
seminars.
a. None
ADJOURN TO 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.
13. Public Employee Performance Evaluation [Government Code Section 54957] Title:
General Manager.
ADJOURNMENT
A regular meeting of the Board of Directors is scheduled for Tuesday, April 29, 2008, at
8:30 a.m., at 1717 E. Miraloma Avenue, Placentia, CA 92870.
Accommodation 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 Michael A. Payne, General
Manager/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.
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2008 BOARD OF DIRECTORS CALENDAR
JAN FEB MAR
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27 28 29 30 31
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JUL
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Holiday
Board Meeting
Activities
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M T W T F S
1 2
4 5 6 7 8 9
11 12 13 - 15 16
181 19 20 21 22 23
25 26 27 28 29
MAY
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14- 16 17
18 19 20 21 22 23 24
25 261 27 28 M 30 31
AUG
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6 7
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27M
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311
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26M
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311
JUN
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8
2
9
3
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4 5
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SEP
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T F S
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18 19 20
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28 29 30
DEC
S M T
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14 15 16
21 22 23
28 29 30
W T
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low
17 18
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12 13
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26127
PROVED BY THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
11,PR 200- ITEM NO.
MINUTES OF THE
YYORBA LINDA WATER DISTRICT
B RD OF DIRECTORS REGULAR MEETING
April 10, 2008
The April 10, 2008 regular meeting of the Yorba Linda Water District Board of Directors
was called to order by President Summerfield at 8:30 a.m. The meeting was held at the
District's offices at 4622 Plumosa Drive, Yorba Linda.
DIRECTORS PRESENT AT ROLL CALL
STAFF PRESENT
John W. Summerfield, President
Michael A. Payne, General Manager
William R. Mills
Arthur G. Kidman, General Counsel
Michael J. Beverage
Kenneth R. Vecchiarelli, Asst. G.M.
Richard P. Collett
Lee Cory, Operations Manager
Amelia Cloonan, Personnel Technici
DIRECTORS ABSENT AT ROLL CALL
Cindy Mejia, Assistant Administrator
Paul R. Armstrong
INTRODUCTION OF VISITORS AND PUBLIC COMMENTS
Brett R. Barbre, MWDOC Director
MWDOC Director Barbre distributed an information sheet on water supply allocation.
Each member agency must determine what they will do. In the next six months, the
GM's group will be working on what needs to be in the allocation plan. On the central
pool, they finished all the borings and found no flaws. Congressman Calvert asked
everyone to work together. Senator Boxer will attend an inspection tour over the
Memorial Day weekend.
Brett Barbre left the meeting at 8:53 a.m.
A brief ceremony was held to commem
Plumosa office.
SPECIAL RECOGNITION
None
the last board meeting to be held at the
CONSENT CALENDAR (items 1 throuah 3)
On a motion by Vice President Mills, seconded by Director Collett, the Board of
Directors voted 4-0 to approve the Consent Calendar.
Minutes of the Regular Board of Directors meeting held March 27, 2008.
Recommendation: Approve the minutes as presented.
2. Minutes of the Regular Board of Directors meeting held April 2, 2008.
Recommendation: Approve the minutes as presented.
4-
3. Payment of bills, refunds, and wire transfers.
Recommendation: Ratify and authorize disbursements in the amount of
$746,537.31.
ACTION CALENDAR
4. Award of Construction Contract for the Highland Reservoir Replacement Project.
Assistant General Manager Vecchiarelli presented the item. The District has a
good working relationship with Schuler Engineering, and they have an excellent
reputation in the industry. Director Collett queried the timeline for construction,
which will be close to two years. Vice President Mills said the item came before
the PEO Committee, and the members recommend approval of the award of
contract.
Assistant General Manager Vecchiarelli stated the first of the oil wells on the
property are in the process of being properly abandoned. There was a question
about venting and discussion about the tank and what will be occurring.
On a motion by Vice President Mills, seconded by Director Beverage, the
Board of Directors voted 4-0 to award a construction agreement to Schuler
Engineering in the amount of $9,049,346 for construction of the Highland
Reservoir Replacement Project, Job No. 200309.
5. SSC Construction, Inc. Change Order No. 1 for Construction of the Lakeview
Reservoir Project. Assistant General Manager Vecchiarelli reported. An eight
million gallon tank is being constructed on the site. The change order is the result
of a delay claim. With this compensation and a 60-day non-monetary time
extension at the end of the project, the change order has been signed by the
contractor. Vice President Mills said the item came to the PEO Committee, and
they agreed it should be sent to the Board for approval.
On a motion by Vice President Mills, seconded by Director Collett, the Board
of Directors voted 4-0 to approve Change Order No. 1 in the amount of
$150,000 to SSC Construction, Inc., extend the contract by 60 calendar days
and authorize the General Manager to either waive the requirement for
extending the Builders Risk Insurance when coverage expires on July 21,
2008 or to reimburse SSC for the premium to extend this policy through
completion of the Lakeview Reservoir Project, Job No. 200704.
6. Consider changing the May 8 and May 22, 2008 Board Meeting dates. General
Manager Payne presented the item. The ACWA Conference to be held May 6
through 9 will be attended by Vice President Mills, Director Armstrong, General
Manager Payne and Assistant General Manager Vecchiarelli.
On a motion by Director Beverage, seconded by Director Collett, the Board
of Directors voted 4-0 to approve moving the Board meetings in May to May
15 and May 29.
-2-
DISCUSSION ITEMS
7. Administration Building move update. General Manager Payne reported.
Identification cards were distributed to the Directors. The office will be closed
Friday, April 11 for packing and moving. The new administration offices will be
open on Monday, April 14.
Recommendation: This was for information only. No action was required.
REPORTS. INFORMATION ITEMS AND COMMENTS
8. a. President's Report
President Summerfield reported on the move of his business office.
b. Directors Reports
Vice President Mills attended the Water Education Foundation Executive
Briefing. There was discussion about the peripheral canal and the Delta.
c. General Managers Report
Staff will attend the Water Forum scheduled for May 2.
Information about the employee picnic being held at Knott's Berry Farm on
Saturday, May 3 was presented to the Board members. An employee
breakfast is also planned to be held at the new Administration building in lieu of
the Employee Recognition Dinner.
d. General Counsel's Report
General Counsel Kidman stated that after the last Board meeting he made
limited distribution of the memorandum presented to the Board of Directors.
There were some inquiries. It appears there is a loose group of interested
organizations that will be involved if this goes anywhere.
COMMITTEE REPORTS
9. a. Executive-Administrative-Organizational Committee
(Summerfield/Mills) Alternate: Collett
1) Meeting scheduled for April 15, 4:00 p.m. Director Collett will attend as the
alternate. The meeting will take place in the Board Closed Session Room at
1717 East Miraloma Avenue, Placentia.
b. Finance-Accounting Committee
(Beverage/Summerfield) Alternate: Mills
1) Minutes of meeting held March 25.
Director Beverage reported. A document needed to be signed for the 2003
COP's, because the insurance company's rating fell below the rates
specified. The Committee joined in a conference call regarding the District's
investments with Keith Khorey and Michael Rodgers of Wells Capital.
Investments will be left as they are for now. The issue will be revisited at
the next Finance-Accounting Committee meeting. A status report on the
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Orange County commingled Investment Pool was presented. The District
pulled all of its investments out of the pool and the account is now closed.
President Summerfield asked that the Finance-Accounting Committee take
a look at what the Board philosophy is on investments.
2) Minutes of meeting held April 8 will appear in the Board Agenda for April 24.
3) Meeting scheduled for May 13, 4:00 p.m.
c. Personnel-Risk Management Committee
(Armstrong/Collett) Alternate: Summen`ield
1) The meeting scheduled for April 14 will be reschedule
d. Planning-Engineering-Operations Committee
(Mills/Armstrong) Alternate: Beverage
1) Minutes of meeting held April 3.
Vice President Mills reported.
Creek lining, a status report on tl
a status report on the Meter Rep
Terms and Conditions for Water
were also discussed. Messrs. S
meeting to discuss a tentativE
developed Casino Ridge. The (
state the District is still in comm
askinq the Citv to master plan so
Discussion items included: the Furnace
ie Preventative Maintenance Program and
acement and Radio Read Retrofit Project.
Service for the King Family Development
antos, Thompson and Cornwell joined the
project extending north of the newly
3eneral Manager is to contact the City to
unication about the matter. The District is
the project is not piecemealed.
Chief Plant Operator De Criscio presented monthly water production and
purchased imports through March 2008.
Other items included: Construction Agreement for the Highland Reservoir
Replacement Project, Change Order No. 1 to SSC Construction, Inc. and a
report by Assistant General Manager Vecchiarelli on the monthly Orange
County Groundwater Producers meeting.
2) Meeting scheduled for May 1, 4:00 p.m.
e. Public Information Committee
(Collett/Beverage) Alternate: Armstrong
1) Meeting scheduled for April 11, 8:30 a.m.
2) Meeting scheduled for May 6, 4:00 p.m.
-4-
f. Building Ad Hoc Committee
(Beverage/Summerfield) Alternate: Armstrong
1) The meeting scheduled for April 17 was cancelled. A wrap-up meeting will
be scheduled.
g. MWDOC Ad Hoc Committee
(Mills/Beverage) Alternate: Collett
10
1) Meeting scheduled for April 22, 4:00 p.m.
h. City of Placentia Ad Hoc Committee }
(Beverage/Payne)
1)
Meeting to be scheduled.
The meeting will be scheduled for May.
City of Yorba Linda Ad Hoc Committee
(Summerfield/Payne)
1) Meeting to be scheduled.
We are checking with Dave Gruchow to see if he can fit it in and coordinate
with the mayor.
a. Yorba Linda City Council, April 1
Vice President Mills attended. The City Council wants to set up an equestrian
committee made up of interested citizens.
b. MWDOC/MWD Joint Workshop, April 2
No one attended due to the YLWD Board workshop held on the same date
and time.
c. OCWD Board, April 2
about their budget.
d. Yorba Linda Planning Commission, April 9
No Director attended.
The City Council agendas are available on line the Thursday before the meeting.
In the future the agendas will be accessed by the attending Directors online. The
Directors preferred to receive paper copies of the Planning Commission agendas.
-5-
BOARD OF DIRECTORS ACTIVITY CALENDAR
Authorization to attend meetings scheduled after April 10,
prior to meeting.
2008. Agenda is available in the District office
ADril 2008
Personnel-Risk Management Committee, April 14, 4:00 p.m
Cancelled. To be rescheduled.
Executive-Admin-Organizational Committee, April 15, 4:00 p.m
Yorba Linda City Council, April 15, 6:30 p.m.
MWDOC Board, April 16, 8:30 a.m.
OCWD Board, April 16, 5:00 p.m.
Building Ad Hoc Committee, April 17, 4:00 p.m.
MWDOC Ad Hoc Committee Meeting, April 22,4:00 p.m.
Yorba Linda Planning Commission, April 23, 7:00 p.m.
Armstrong/Collett
Summerfield/Mills
Armstrong
Staff
Staff
Beverage/Summerfield
Mills/Beverage
Summerfield
District Board Meeting, April 24, 8:30 a.m.
Dedication Ceremony of Miraloma Avenue April 29, 8:30 a.m.
All Board Members
District Board Tour, April 29, 9:00 a.m.
All Board Members
Mav 2008
FPlanning-Engineering-Operations Committee, May 1, 4:00 p.m.
Mills/Armstrong
WACO, May 2, 7:30 a.m.
Public Information Committee, May 6, 4:00 p.m. Collett/Beverage
Yorba Linda City Council, May 6, 6:30 p.m. Mills
MWDOC/MWD Joint Workshop, May 7, 8:30 a.m.
Staff
OCWD Board, May 7, 5:00 p.m.
Staff
District Board Meeting, May 8, 8:30 a.m.
To be rescheduled
Personnel-Risk Management Committee, May 12, 4:00 p.m.
Armstrong/Collett
Finance-Accounting Committee, May 13, 4:00 p.m.
Beverage/Summerfield
Yorba Linda Planning Commission, May 14, 7:00 p.m.
Collett
Executive-Admin-Organizational Committee, May 20, 4:00 p.m.
Summerfield/Mills
Yorba Linda City Council, May 20, 6:30 p.m.
Armstrong
MWDOC Board, May 21, 8:30 a.m.
Staff
OCWD Board, May 21, 5:00 p.m.
Staff
District Board Meeting, May 22, 8:30 a.m.
To be rescheduled
Yorba Linda Planning Commission, May 28, 7:00 p.m.
Summerfield
CONFERENCES AND SEMINARS
11. Authorize attendance of Directors and such staff
members of the District as
approved by the General Manager to attend the
following conferences and
seminars.
a. Community Leaders Briefing, Friday, April 18, 7:30 a.m. to 9:00 a.m.
b. ACWA's 2008 Legislative Symposium, April 26, 2008,
c. Orange County Water Summit, May 2, 7:30 a.m. to 1:30 p.m.
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ADJOURN TO CLOSED SESSION
12. None
ADJOURNMENT
On a motion by Vice
Directors voted 4-0 at
Directors scheduled for
Placentia 92870.
President Mills, seconded
10:31 a.m. to adjourn to a
April 24, 2008, 8:30 a.m.,
-7-
by Director Collett, the Board of
regular meeting of the Board of
at 1717 East Miraloma Avenue,
ITEM NO.
AGENDA REPORT
Board Meeting Date: April 24, 2008
To: Board of Directors
From: Michael A. Payne, General Manager
Staff Contact: Diane Cyganik, Finance Director
Reviewed by General Counsel: N/A Budgeted:
Funding Source:
CEQA Account No:
Compliance: N/A Estimated Costs:
APPROVED BY THE BOARD OF DIRECTNS
OF THE YORBA LINDA WATER DISTRICT
q F1
2
Yes Total Budget: N/A
All Funds
N/A Job No: N/A
$2,361,388.74 Dept: Bus
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.
DISCUSSION:
The major items and wire transfers on this disbursement list are as follows: A wire of $2,216.23
to Bank of America for March 2008 visa payment; a wire of $302,505.22 to MWDOC for
February 2008 water purchase; a wire of $22,802.01 to Hardin Automotive for 2008 Civic
Hybrid; a wire of $90,127.25 to First Regional Bank for Job 0704 retention payment; a check of
$64,523.56 to Aqua-Metric Sales for in-house materials; a check of $554,768.63 to J.E. Grant
General Contractors for Job 0313 final payment; and, a check of $811,325.25 to SSC
Construction Inc. for Job 0704 progress payment. The balance of $296,276.38 is routine
invoices.
In summary, the check register total is $2,144,544.53; payroll No. 7 total is $216,844.21; and,
the disbursements of this agenda report are $2,361,388.74. A summary of the checks is as
follows:
Pavables:
Void Checks Check Nos. 48618 and 48686
Manual Checks Check Nos. 48705 - 48710
Computer Checks Check Nos. 48711 - 48793
Pavroll #7:
Manual Check
Check Nos.
3835
Void Checks
Check Nos.
3836 - 3870
Computer Checks
Check Nos.
3871 - 3881
Manual Checks
Check Nos.
3882 - 3893
The disbursement total for the current period is $2,361,388.74, distributed as follows:
Water
$2,345,657.29
Sewer
$ 15,151.96
ID #1
$ 403.54
ID #2
$ 175.95
TOTAL
$2,361,388.74
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors approves bills, refunds and wire transfers semi-monthly.
STAFF RECOMMENDATION:
That the Board of Directors ratify and authorize disbursements in the amount of $2,361,388.74.
April 24, 2008
CHECK NUMBERS
48618
AND 48686
$
48705
TO 48793
$
WIRES:
W-41108
Bank of America
$
W-41408
MWDOC
$
W-42408
Hardin Automotive
$
W-42408A
First Regional Bank
$
TOTAL OF CHECKS AND WIRES:
PAYROLL NO. 7:
CHECK NUMBERS:
0.00
1,726,893.82
2,216.23
302,505.22
22,802.01
90.127.25
417,650.71
$ 2,144,544.53
3835 TO 3893 $ 216,844.21
TOTAL: $ 2,361,388.74
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF APRIL 24, 2008
TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS
AS FOLLOWS:
WATER
$2,345,657.29
SEWER
$
15,151.96
ID # 1
$ 403.54
ID # 2
$
175.95
TOTAL: $2,361,388.74
Yorba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 04-11-08 THRU 04-24-08
Check.
Check...
Posting.
Vendor Name
Check.....
No
Date
Date
Amount
48713
04-24-08
04-24-08
ABIGAIL ABBOTT STAFFING SVC
1,768.00
48710
04-15-08
04-15-08
AMERICAN POWER CONVERSION
41,376.04
48714
04-24-08
04-24-08
ANAHEIM WHEEL & TIRE
875.50
48715
04-24-08
04-24-08
AQUA-METRIC SALES CO.
64,523.56
48716
04-24-08
04-24-08
ARROW HARDWARE
606.46
48618
04-10-08
04-11-08
ART VEGA
-1,590.00
48717
04-24-08
04-24-08
ASSOCIATED LABORATORIES
3,482.00
48718
04-24-08
04-24-08
AWWA
173.00
W41108
04-11-08
04-11-08
BANK OF AMERICA
2,216.23
48719
04-24-08
04-24-08
BELL PIPE & SUPPLY
511.84
48720
04-24-08
04-24-08
CADET UNIFORM SERVICE
871.42
48721
04-24-08
04-24-08
CDW-G GOVERNMENT, INC
792.42
48722
04-24-08
04-24-08
CHARLES P. CROWLEY CO.
211.03
48723
04-24-08
04-24-08
CITY OF ANAHEIM
11,968.49
48724
04-24-08
04-24-08
CITY OF ANAHEIM
24,676.71
48725
04-24-08
04-24-08
CLA-VAL CO.
305.37
48726
04-24-08
04-24-08
CLINICAL LAB. OF SAN BERN.
1,145.00
48727
04-24-08
04-24-08
COASTLINE EQUIPMENT
25.38
48728
04-24-08
04-24-08
COM SER CO
1,828.75
48729
04-24-08
04-24-08
DAPPER TIRE CO. INC.
732.38
48730
04-24-08
04-24-08
DATALOK ORANGE COUNTY
377.72
48731
04-24-08
04-24-08
DELL MARKETING L.P.
8,883.06
48732
04-24-08
04-24-08
DELTA DENTAL - PMI
297.24
48733
04-24-08
04-24-08
DIGITAL INSTALLERS INC
3,543.85
48734
04-24-08
04-24-08
E. G. BRENNAN & CO., INC
634.35
48735
04-24-08
04-24-08
EISEL ENTERPRISES, INC.
137.38
48736
04-24-08
04-24-08
ENVIRONMENTAL ASSOCIATES, LTD
2,200.00
42408A
04-24-08
04-24-08
FIRST REGIONAL BANK
90,127.25
48737
04-24-08
04-24-08
FRY'S ELECTRONICS
555.68
48738
04-24-08
04-24-08
GARDEN GATE FLOWER SHOP
129.28
W42408
04-24-08
04-24-08
HARDIN AUTOMOTIVE
22,802.01
48739
04-24-08
04-24-08
HARDY & HARPER INC.
11,840.00
48740
04-24-08
04-24-08
INFOSEND
8,385.81
48708
04-11-08
04-11-08
INTEROP/CSI SX/SOFTWARE 2008
1,590.00
48741
04-24-08
04-24-08
INTEROP/CSI SX/SOFTWARE 2008
1,590.00
Yorba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 04-11-08 THRU 04-24-08
Check. Check... Posting. Vendor Name Check.....
No Date Date Amount
48742 04-24-08 04-24-08 J. TODD HOWARD 119.36
48743 04-24-08 04-24-08 J.E. GRANT GENERAL CONTRACTORS 554,768.63
48744
04-24-08
04-24-08
JENNIFER HILL
133.99
48745
04-24-08
04-24-08
JOCELYN VILLANUEVA
240.62
48746
04-24-08
04-24-08
LINCOLN NATIONAL LIFE
1,724.11
48747
04-24-08
04-24-08
LLOYD PEST CONTROL
63.00
48748
04-24-08
04-24-08
MANAGEMENT ACTION PROGRAMS INC
1,900.00
48749
04-24-08
04-24-08
MC FADDEN-DALE HARDWARE
898.44
48750
04-24-08
04-24-08
MC MASTER-CARR SUPPLY CO.
331.47
48751
04-24-08
04-24-08
McCORMICK,KIDMAN & BEHRENS LLP
13,992.17
48752
04-24-08
04-24-08
MICHAEL PAYNE
258.45
48753
04-24-08
04-24-08
MIGUEL SERNA
545.00
48754
04-24-08
04-24-08
MINUTEMAN PRESS
38.26
48755
04-24-08
04-24-08
MORELAND & ASSOCIATES, INC
775.00
48756
04-24-08
04-24-08
MTGL, INC.
420.00
48757
04-24-08
04-24-08
MUNICIPAL WATER DISTRICT
477.00
W41408
04-14-08
04-14-08
MUNICIPAL WATER DISTRICT
302,505.22
48758
04-24-08
04-24-08
NICKEY PETROLEUM CO
4,943.52
48759
04-24-08
04-24-08
NORMAN A. TRAUB ASSOCIATES
6,276.25
48760
04-24-08
04-24-08
OFFICE SOLUTIONS
417.95
48761
04-24-08
04-24-08
ONE STOP SIGNS & GRAPHICS
2,957.09
48762
04-24-08
04-24-08
ORANGE COUNTY - AUDITOR/CONT
175.00
48763
04-24-08
04-24-08
ORANGE COUNTY - I W M D
2,342.51
48711
04-24-08
04-24-08
PAUL TRAN
33.54
48764
04-24-08
04-24-08
PEGGY McCLURE
105.00
48765
04-24-08
04-24-08
PLACENTIA DISPOSAL
366.48
48766
04-24-08
04-24-08
PLUMBING AND INDUSTRIAL SUPPLY
22.52
48767
04-24-08
04-24-08
PRAXAIR DISTRIBUTION
165.09
48768
04-24-08
04-24-08
QUINN POWER SYSTEMS ASSOCIATES
27,407.39
48769
04-24-08
04-24-08
SAFETY-KLEEN CORP.
288.15
48770
04-24-08
04-24-08
SARBS - CWEA
230.00
48771
04-24-08
04-24-08
SC FUELS
1,565.16
48772
04-24-08
04-24-08
SHRED-IT LOS ANGELES
68.60
48773
04-24-08
04-24-08
SIMPSON GMC
83.02
48774
04-24-08
04-24-08
SOUTH COAST AQMD
2,318.18
Yorba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 04-11-08 THRU 04-24-08
Check. Check... Posting. Vendor Name Check.....
No Date Date Amount
48706
48707
48705
48775
48776
48777
48778
48779
48686
48709
48780
48781
48782
48783
48784
48712
48785
48786
48787
48788
48789
48790
48791
48792
48793
04-11-08
04-11-08
04-11-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-10-08
04-11-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-11-08
04-11-08
04-11-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-11-08
04-11-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
04-24-08
SOUTHERN CALIF EDISON CO.
SOUTHERN CALIF EDISON CO.
SOUTHERN CALIF GAS CO.
SOUTHERN CALIF GAS CO.
SOUTHERN COUNTIES
SSC CONSTRUCTION, INC
ST.JOSEPH HERITAGE HEALTHCARE
STACY BAVOL/PETTY CASH
STAPLES
STAPLES BUSINESS ADVANTAGE
STATE OF CALIF-DEPT OF HEALTH
STATER BROS. MARKETS
SUNNY EXPRESS INC.
SUNRISE MEDICAL GROUP
SUPPORT PRODUCT SERVICES
T C CONSTRUCTION
TOXGUARD FLUID TECHNOLOGIES
UNITED INDUSTRIES
USA BLUE BOOK
VICTOR BUICK GMC
WEIR CANYON CHEVROLET
WELLS SUPPLY CO
WESTSIDE BUILDING MATERIAL
YORBA LINDA AUTO PARTS
YORBA LINDA DISPOSAL SERVICES
45,590.22
1,040.37
23,030.44
50.00
1,607.58
811,325.25
320.00
249.48
-2,171.08
2,171.08
H 4,575.67
22.89
54.00
809.80
13,853.42
391.18
655.02
403.47
110.65
237.08
59.83
957.91
191.26
410.58
49.05
2,144,544.53
ITEM NO. 3
AGENDA REPORT
Board Meeting Date: April 24, 2008
To: Board of Directors
From: Michael A. Payne, General Manager
Staff Contact: Kenneth R. Vecchiarelli, Asst. General Manager
Earl Hamanaka, Engineering Technician
Reviewed by General Counsel: Yes Budgeted: N/A
Funding Source: N/A
CEQA Account No: N/A
Compliance: N/A Estimated Costs: N/A
APPROVED BY THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
BY
Total Budget: N/A
Job No:
Dept: Eng
Subject: Declaration of Restrictive Covenants Agreement - Sugar Pine Drive
SUMMARY:
Occasionally, staff receives and reviews requests for construction of block walls within District
dedicated easements. To insure the District's use of these easements is not unduly restricted,
the District requires execution of a recorded Declaration of Restrictive Covenants. This
document acknowledges the limitations of the allowed joint use and establishes the
responsibility of the property owner and their successors for the maintenance and replacement
costs of any improvements that may be damaged or removed by the District in order to gain
access to the public facilities within the easement.
DISCUSSION:
The District has a 15-foot wide dedicated easement along the northerly property line of 5550
Sugar Pine Drive. This easement contains a 6-inch water pipeline owned and operated by the
District, which loops the pipeline in Sugar Pine Drive to Casson Drive. The property owners,
Blanca Sanchez-Chavez and Miguel Chavez have requested an encroachment within this
easement to construct a 6-foot high block wall. Staff has reviewed this request and has
determined that the improvements do not unduly restrict the District's continued use of this
easement. The owners have agreed to and executed the attached Declaration of Restrictive
Covenants, further protecting the District's rights to remove any and all portions of the block wall
if required to maintain and repair the 6-inch water pipeline at no cost to the District. The
Declaration of Restrictive Covenants is attached for consideration by the Board of Directors and
execution if approved.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors has considered and approved similar requests throughout the District's
service area.
STAFF RECOMMENDATION:
Authorize the President and Secretary to execute the Declaration of Restrictive Covenants
Agreement with Miguel Chavez and Blanca Sanchez-Chavez subject to approval as to form by
General Counsel.
RECORDING REQUESTED BY and when
recorded return to:
Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885-0309
This is to certify that this Declaration of
Restrictive Covenants is presented for recording
under the provisions of Gov. Code Sec. 27383 by
the Yorba Linda Water District in performance of
in official service thereof.
Michael A. Payne - Secreta
U Space Above This Line for Recorder's Use
DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON DISTRICT EASEMENT)
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made this 24th
day of April, 2008, by and between YORBA LINDA WATER DISTRICT ("YLWD"), a public agency,
created and operating under the authority of Division 12 of the California Water Code, and Miguel A.
Chavez and Blanca Sanchez-Chavez ("Owner"), with reference to the following recitals of fact:
RECITALS
A. The Owner is the legal owner of that certain real property located at 5550 Sugar Pine
Drive, Yorba Linda, California 92886 ("Subject Property"), which is more particularly described as
follows:
Lot 22 of Tract 12289, in the City of Yorba Linda, County of Orange,
California as per map recorded in Book 592, Pages 42, 43 and 44, of
Miscellaneous Maps in the Office of the County Recorder of said County
B. YLWD owns an Easement, as identified on Instrument No. 87-712659, recorded on
December 29, 1987, in Book 592, Pages 42-44 in Official Records of Orange County, California
("Easement"), across a portion of the Subject Property. Within the Easement, YLWD owns and
maintains a 6-inch water pipeline ("District Facilities").
C. The Owner desires to construct a 6-foot high block wall (collectively herein referred to
as "Improvements") within the Easement area (hereinafter, "Encroachment"), as illustrated in Exhibit
"A," attached hereto and incorporated by reference herewith. The proposed wall encroaches on a 15-
foot wide easement over an existing 6-inch water pipeline which was constructed in July 1988.
D. YLWD conditionally consents to Encroachment of the Improvements within the
Easement area as stipulated in this Declaration. Owner is aware that the Improvements may lead to
problems affecting and/or interfering with YLWD's use of the Easement.
E. Although the construction of the 6-foot high block wall within the Easement area may
interfere or restrict YLWD's Easement rights, the Owner wishes to construct and use the Improvement
within or along the Easement area.
NOW, THEREFORE, incorporating the above recitals, YLWD and Owner declare as follows:
1. Covenant Running with Land. This Declaration constitutes a covenant running with the land as
provided by the California Civil Code section 1468 and shall benefit, burden, and bind the
successive owners of the Subject Property and the Easement.
2. Successors and Assiuns Bound. Since Owner wishes to retain the Encroachment, this
Declaration obligates the current and future owners of the Subject Property to remedy any future
adverse events and to fund any necessary maintenance costs on the Easement and/or Subject
Property that may arise in full or in part due to the existence, construction, or damages caused by
the Encroachment.
3. Damages to District Facilities. Owner assumes full responsibility, liability and shall pay for
any cost(s) or damage(s) to the District Facilities and appurtenant structures, arising from or
related to the construction, existence, and/or use of the Improvements. YLWD shall not be
responsible for any cost(s) or damage(s) to the District Facilities and appurtenant structures that
arise from the Encroachment.
4. Damages to Third Parties. Owner, its successors or assigns, agrees to indemnify and hold
YLWD, its officers, directors, employees, agents and consultants, harmless against any third
party claims related to or arising out of the construction, existence and/or use of the
Improvements.
S. Damages to Improvements. Owner acknowledges that the Improvement may be damaged or
demolished to permit reasonable access to or reasonable work within and under the Easement
area. YLWD, its officers, directors, employees, agents and consultants, shall not be responsible
for any damage(s) to or because of the Improvement which results from YLWD's exercise of
rights under the Easement. Owner, its successors or assigns, waives all known, unknown, and
future claims, liabilities, causes of action, and expenses (including, but not limited to, attorneys'
fees) against YLWD, its officers, directors, employees, agents and consultants, for losses and
damages to the Improvement and from any obligation to protect, preserve, repair, or replace the
Improvement. Construction, use, protection, repair and replacement of the Improvement shall be
entirely the risk and obligation of Owner, its successors or assigns, even if damage is caused by
YLWD.
6. Recording of Agreement. This Declaration shall be recorded in the Office of the Recorder of
the County of Orange, California, and shall constitute notice to all successors and assigns of the
title to the Subject Property of the rights and obligations set forth herein.
Approved as to Form:
McCormick, Kidman & Behrens, LLP
YORBA LINDA WATER DISTRICT
Art ur G. Kidman
General Counsel
John W. eld
President
Michael A. Payne
Secretary
OWNER:
ViguelA. Chavez
Bianca Sanchez-Chavez
BUENA VISTA AVE.
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PROPOSED 6
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Exhibit "A"'
PREPARED BY: DECLARATION OF
YORBA LINDA WATER DISTRICT RESTRICTIVE COVENANT
IRL FOR 5550 SUGAR PINE
4622 PLUMOSA DRIVE DRIVE
. .-A red iFnRNIA92886 1
SCALE:
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DATE:
04-
FILENAME:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of ORANGE J
On April 24, 2008 before me, Amelia Cloonan, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared John W. Summerfield, Michael A. Payne
Name(s) of Signer(s)
AMELIA CLOONAN
Commtalon 17a20T0
Notary Koff - Collfomta
Orange County
CZM Dec 2oII
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s).ia/are subscribed to the
within instrument and acknowledged to me that
he4;he/they executed the same in-hi 4;w/their authorized
capacity(ies), and that by hiss h r/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 r .~la,c-c
Place Notary Seal Above Signa ure of o ary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document Declaration of Restrictive Covenants
Title or Type of Document: 5550 Sugar Pine Drive, Yorba Linda CA 92886
Document Date: April 24, 2008 Number of Pages: four
Signer(s) Other Than Named Above: Miguel A. Chavez, Blanca Sanchez-Chavez
Capacity(ies) Claimed by Signer(s)
Signer's Name: John W. Summerf ield
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General 1111,77,7EPMir, -7-7-M
❑ Attorney in Fact •
❑ Trustee Top of rhumh licie
❑ Guardian or Conservator
❑ Other: President of the
Board of Directors
Signer Is Representing: Yorba
Linda Water District
Signer's Name: Michael A.
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: Secretary/GM
Signer Is Representing: Yorba
Linda Water District
Payne
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®2007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800.876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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who proved to me on the basis of satisfactory evidence to
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within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
SHARILYN MALLONEE capacity(ies), and that by his/her/their signature(s) on the
a C Commission # 1511135
Notary Public - Callfornia instrument the person(s), or the entity upon behalf of
Orange County _ which the person(s) acted, executed the instrument.
My Comm. Expires Sep 2, 2008
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
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:(l.+k~~ (-v, +c • `f~~`~~~~~/ o~- y~I}fo Number of Pages:( JiJ
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
-i?; Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited C' General
❑ Attorney in Fact
Top of thumb here
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Sig er Is Representing:
G'
Signer's Name:
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
-IVA&
of California
County of P,4'►~
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On NEE, NOTIARY PUBLIC
` ~ l't, f before me, SHARILYN MALLO
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signegk1
SHARILYN MALLONEE
Commission # 1511135
i OMY Notary Public - California
Orange County
Comm. Expires Sep 2, 2008
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 °tl~~- ✓~~jYt~~
Place Notary Seal Above Gignature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
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ITEM NO. Y
AGENDA REPORT
Board Meeting Date: April 24, 2008
To: Board of Directors
From: Michael A. Payne, General Manager
Staff Contact: Ken Vecchiarelli, Assistant General Manager
Joe Polimino, Project Engineer
APPROVED BY THE BOARD OF DIRECTORS
OF THE YORBA LINDAWATER DISTRICT
APR 2 4420.5,,-
BY
Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 11.5M
Funding Source: District and Developer Funds
CEQA Account No: 101-2700 Job No: 200704
Compliance: Mitigated Neg. Dec. Estimated Costs: $ 11.5M Dept: Eng
Subject: Progress Payment No. 11 for the Lakeview Reservoir Construction
SUMMARY:
On January 25, 2007, the District Board of Directors authorized the execution of an agreement
with SSC Construction, Inc. (SSC) for construction of an 8-million gallon underground concrete
reservoir, piping and appurtenances. The project also includes demolition of the existing
Bastanchury Booster Pump Station and Reservoir (two steel storage tanks). The site is located
north of Bastanchury Road off the new Lakeview Avenue extension, north of the Hover
Development and south of Vista Del Verde's Village 4. When completed, the project will
increase operational, fire and emergency storage capacity, retain better water quality through
improved circulation and improve reliability of the water system.
DISCUSSION:
In accordance with the contract documents, SSC submitted a request for Progress Payment No.
11, in the net amount of $811,325.25 for completed work through March 31, 2008. During this
period, the contractor began to remove shoring under the West Bay roof slab, completed rebar
and deck forms for the center and east roof slab sections and pour concrete to complete the
overall reservoir roof. Concrete finishing is progressing in the west bay floor slab and various
pipe installations continue on the project. Also included in this pay request is Change Order No.
1 in the amount of $150,000 as approved on April 10, 2008.
The status of the construction contract with SSC Construction, Inc. is as follows:
• The current contract is $10,639,500 and 547 calendar days starting June 18, 2007.
• If approved, Progress Payment No. 11 is $901,472.50 (8.5% of the total contract
amount), less 10% retention of $90,147.25 for a net payment of $811,325.25.
• Total payments to date including retention are $7,673,199.10 (72.1% of the total
contract amount)
• As of March 31, 2008, 288 calendar days were used (52.7% of the contract time).
Staff and Parsons, the District's consulting engineer for the project, have reviewed the
contractor's progress payment and recommend approval. A copy of Progress Payment No. 11
is attached for your reference.
PRIOR RELEVANT BOARD ACTION(S):
On January 25, 2007, the District Board of Directors approved and awarded a construction
contract with SSC Construction, Inc. in the amount of $10,489,500 for construction of an 8
million gallon underground concrete reservoir, piping and appurtenances, and demolition of the
existing Bastanchury Booster Pump Station and Reservoir. On April 10, 2008, the District Board
of Directors approved Change Order No. 1 increasing the total contract amount to $10,639,500
and total contract calendar days to 547. The Board has approved ten progress payments to date
for this project, the most recent of which was approved on March 27, 2008.
STAFF RECOMMENDATION:
Approve Progress Payment No. 11 in the net amount of $811,325.25 to SSC Construction, Inc.
for construction of the Lakeview Reservoir Project, Job No. 200704.
w
YORBA LINDA WATER DISTRICT
PROGRESS PAY REPORT
PROJECT Lakeview Reservoir Project PROGRESS PAY REQUEST NO. 11
LOCATION Yorba Linda, CA PROJECT NO. 200704 PAGE 1 OF 1 PAGES
CONTRACTOR SSC Construction, Inc. DATE 3/31/08
ORIGINAL CONTRACT AMOUNT: $ 10,489,500
AUTHORIZED CHANGE ORDERS: $ 150,000
REVISED CONTRACT AMOUNT: $ 10,639,500
PROGRESS PAY ESTIMATE FOR PERIOD
VALUE OF WORK COMPLETED
CHANGE ORDER WORK. COMPLETED
TOTAL VALUE OF WORK COMPLETED
LESS RETENTION 10%
LESS OTHER DEDUCTIONS
NET EARNED TO DATE
LESS AMOUNT PREVIOUSLY PAID
BALANCE DUE THIS ESTIMATE
00-16-/Nit L CDAv'Ti24e-T
APPROVED TIME EXTENSIONS
TOTAL CONTRACT TIME
TIME EXPENDED TO DATE
TIME REMAINING
March 1, 2008 TO March 31, 2008
PREVIOUS THIS MONTH TO DATE
$ 6,771,726.60 I $ 751,472.50 I $ 7,523,199.10
$ - I $ 150,000.00 I~ $ 150,000.00
$ 6,771,726.60 I $ 901,472.50 I $ 7,673,199.10
$ 767,319.91
$ 6,905,879.19
$ 6,094,553.94
$ 811,325.25
kDme D /4Y5
60
CALENDAR DAYS
547
CALENDAR DAYS
288
CALENDAR DAYS
259
CALENDAR DAYS
REQUESTED BY: DATE: ~®/e
Brent Br, *er, Controller, SSC Cdnstruction Inc.
APPROVED BY: pRicDATE: ~ hard Bentwood, roject Manager, Parsons
APPROVED BY: ~✓Vtan;-r, DATE:
nn eth RVecchYLWD
ITEM NO. 5
AGENDA REPORT
APPROVED BY THE BOARD OF DIRECTORS
Board Meeting Date: April 24, 2008 OF THEYORBAUNDAWATER OISTRICT
To: Board of Directors APR 2 4 2 r
From: Michael A. Payne, General Manager BY_ _
Staff Contact: Ken Vecchiarelli, Assistant General Manager
Hank Samaripa, Project Engineer
Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 8.OM
Funding Source: Multiple Funds
CEQA Account No: 101-2700 Job No: 200313
Compliance: Mitigated Neg. Dec. Estimated Costs: $ 77M Dept: Eng
Subject: Construction of the New District Administration Building
SUMMARY:
On January 25, 2007, the Board of Directors authorized the award of a construction contract for
the District's new administration building to J.E. Grant General Contractors (Grant) of Carlsbad.
A Notice to Proceed was issue effective March 19, 2007. The location for the new building was
chosen to take advantage of property currently owned by the District and to facilitate a
centralized approach to District operations in placing all departments on the same campus. The
District also hired a construction management firm C3 to observe construction activities and
coordinate inspection efforts along with the District's architect Gillis and Associates. The new
Administration Building is now completed and occupied as of April 11, 2008, and J.E. Grant
General Contractors is continuing to work on punch list activities identified by the Gillis &
Panichapan Architects.
DISCUSSION:
In accordance with the construction contract for the New Administration Building, J.E. Grant
General Contractors submitted requests for contract revisions assembled into Change Order
No. 12 in the net amount of $104,891.45 with no time extensions. Change Order No. 12 is the
final change order for the construction project and includes negotiations for all outstanding and
disputed items as well as requests by the District for final touches and last minute items required
to complete the project. With consideration and approval of this final change order, the total
changes for the construction contract with Grant can be summarized as follows:
Owner requested changes, revisions and upgrades: $309,600 (64% of total changes)
a. Additions to the scope of work for new SCADA control room
b. Server room upgrades and improvements
c. Data and electrical connections to boardroom dais and workspaces
d. Custom staining to lobby wood trim
e. Electrical outlets for WiFi equipment
f. Landscaping and site fencing improvements
2. Utility trenching, conduits, paving and AEM improvements: $135,042 (28% of total)
a. Various architectural, electrical and mechanical improvements for enhanced
operation of the facility such as: monitoring A/C units for the server room; drain
lines for the chemical treatment of the chiller units; final electrical connections for
the server room cabinets; emergency power connection for the new west gate;
final electrical connections for the Knoll furniture systems; and a concrete pad
around the flag pole
b. Additional trenching and asphalt patching for Edison and AT&T utility trench
3. Resolution of disputes and clarifications: $39,135 (8% of total)
a. Various electrical, mechanical, plumbing and drywall additions for detailed work
that subcontractors submitted change order requests for and the District
negotiated settlement costs
In summary, change orders totaled $483,777 or 7.5% of the initial $6,445,828 contract with J.E.
Grant General Contractors with over $309,600 (or 64%) of these change order items
representing improvements requested directly by the District.
In accordance with the construction documents for the new administration building, J.E. Grant
General Contractors also submitted a request for Final Progress Payment No. 13 in the net
amount of $554,768.63 for the period ending March 31, 2008. During this period, Grant
completed 100% of all site fencing and gates, landscaping, custom boardroom cabinetry, carpet
tile, HVAC, and all change order work both disputed and previously approved.
The status of the construction contract with Grant General Contractors is as follows:
• The current contract is $6,824,714.51 and 375 calendar days starting March 19, 2007.
• If approved, Change Order No. 12 increases the contract by $104,891.45 to
$6,929,605.96 (an increase of 1.5%) and the project duration remains at 375 calendar
days.
• If approved Progress Payment No. 13 is $616,409.59 (9.0% of the total contract
amount), less 10% retention of $61,640.96 for a net payment of $554,768.63.
• Total payments to date including retention are $6,929,605.96 (100.0% of the total
contract amount).
• As of March 31, 2008, 375 calendar days were used (100.0% of the contract duration).
Staff and the District's architect, reviewed the contractor's progress payment request and
recommend approval. A copy of Progress Payment No. 13 is attached for your reference.
The Board of Directors approved the sale of $10.2M in revenue bonds for two key projects in
2003, of which $3.2M was allocated for the Administration Building and $7.OM was allocated for
the Highland Reservoir Replacement. With approval of the construction budget on January 25,
2007, the Board authorized a transfer from the annexation fund for up to $5M to fund the
balance of the New Administration Building project.
PRIOR RELEVANT BOARD ACTION(S):
On January 25, 2007, the Board of Directors authorized the award of a construction contract to
J.E. Grant General Contractors for the construction of the District's new administration building
at the Richfield site. The Board has approved twelve progress payments to date, the latest of
which was approved on March 13, 2008. The Board approved Change Order No. 11 on March
27, 2008.
STAFF RECOMMENDATION:
Approve Change Order No. 12 in the amount of $104,891.45 and Final Progress Payment No.
13 in the net amount of $554,768.63 to J.E. Grant General Contractors; authorize staff to file the
Notice of Completion and release the retention thirty five days following the recordation of the
Notice of Completion, if no liens have been filed; release the Labor and Material Bond and
release the Faithful Performance Bond in one year, if no defects have been found for the New
Administration Building Project, Job No. 200313.
COMMITTEE RECOMMENDATION:
The Building Ad Hoc Committee did not have an opportunity to meet and discuss this matter
before if was brought to the full Board of Directors for consideration.
YORBA LINDA WATER DISTRICT
CONTRACT New Administration Building
NAME:
CONTRACT NO.: J-0313
CONI RACTOR: J.E. Grant General Contractors
FINAL CHANGE ORDER NO. 12
Page 1 of -1 -
CONTRACT AMT $6,445,828.00 DAYS: 360
PREV. APPRVD. CHANGES $378,886.51 DAYS: 15
THIS CHANGE $104,891.45 DAYS: 0
OWNER. Yorba Linda Water District REVISED CONTRACT AMT $6,929,605.96 DAYS: 375
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish
equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum
price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner.
INCREASE IN INCREASE IN CONTRACT TIME I
DESCRIPTION OF CHANGES CONTRACT CONTRACT EXTENSION
I AMOUNT AMOUNT (DAYS)
iS)
HVAC Welded Piping - Grant COR #0031R
$7,595.61
Lighting Control - Grant COR #050R2 1
$12,617.40
Dispute Resolution COR 65 - Grant COR #065132
$5,107 77
Electrical T&M - Grant COR #086
$1,85885
Dry Utility Trench Patching - Grant COR #102
$10,552.01
Vertical Folding Wall Pocket - Grant COR #103
$1,077 59
Added Card Reader Doors - Grant COR #104R
$1,999.21
Server Room Electrical T&M - Grant COR #105R
$9,897.51
Custom Stain Finish -Grant COR #106
$4,279.08
Added Concrete Flatwork - Grant COR #107
$588.38
AC-1 Condensate Drain -Grant COR #108
$2,314.27
HVAC Temperature Sensor -Grant COR#110
$1,500.00
HVAC Pot Feeder Drain - Grant COR #111
$441.05
j HVAC Equipment Crane - Grant COR #112
$646.88
HVAC Exhaust Fan Relocation - Grant COR #113
$2,362.01
HVAC SK-21 Revisions - Grant COR #114
$4,699.45
HVAC Return Air Grilles - Grant COR #117
$1,681.32
HVAC Make-up Water and Gas - Grant COR #119 I
$1,852.24
HVAC Linear Diffusers - Grant COR #120R
$370.38
HVAC Smoke Duct Detectors - Grant COR #121 R
$2,162.81
HVAC Power to EMS - Grant COR #122
$845.81
Flagpole Foundation Relocation - Grant COR #124
$460.00
Monument Sign - Grant COR #125
<$7,583.80>
Remove Kirk Key - Grant COR #126R
$240.70
Correct Power at Gate - Grant COR #127R
$2,914.81
Duct Smoke Detectors Electrical - Grant COR #128
$3,422.94,
Morrison Reff 2+2 - Grant COR #129
$605.8%
Landscape Field Revisions - Grant COR #130
$1,831 1B.
Metal Framing & Drywall Revisions - Grant COR #131
$3,420.06
Relocate Switch & T-Stat - Grant COR #132 j
$1,02687
Revise Furniture Whip Connections - Grant COR #133
$4,611 62
Revisions to SCADA Control Room - Grant COR #134 j
$18,960.05
Provide Power to Security Controllers - Grant COR #135
$531.59
NET CHANGE IN CONTRACT AMOUNT. ADD
$104,891.45
y $1 04 891.45
The amount of the contract will be increased by the sum of
and the contract time shall be extended by p calendar days. The
undersigned Contractor approves the foregoing Change Order as to the
changes, if any, in the contract price specified for each item including any
and all supervision costs and other miscellaneous costs relating to the
change n work, and as to the extension of time allowed, if any, for
completion of the entire work on account of said Change Order. The
Contractor agrees to furnish all labor and materials and perform all other
necessary work, inclusive of that directly or indirectly relatec to the approved
tame extension, required to complete the Change Order items. This
document will become a supplement of the contract and all provisions will
apply hereto It is understood that the Change Order shall be effective when
approved by the Owner
RECOMMENDED:
$104,891.45 ,
/OWNERS
REPRESENTATIVE
ACCEPTED: ank Samaripa, (Signatur
/CONTRACTOR
APPROVED: Peter Burrows (Signature)
NER
APPROVED: Ken Vecchiarelli (Signature)
0
i
I
I
0
DATE. O
DATE
DATE ty p
YORBA LINDA WATER DISTRICT
FINAL PROGRESS PAY REPORT
PROJECT Phase III Administration Building PROGRESS PAY REQUEST NO. 13
LOCATION Placentia PROJECT NO_ J-0313
PAGE 1 OF 1 PAGES
CONTRACTOR J.E. Grant General Contractors
DATE April 11, 2008
ORIGINAL CONTRACT AMOUNT: $ 6,445,828
AUTHORIZED CHANGE ORDERS: $ 483,778
REVISED CONTRACT AMOUNT: $ 6,929,606
PROGRESS PAY ESTIMATE FOR PERIOD March 1, 2008 TO
March 31, 2008
PREVIOUS THIS MONTH TO DATE
VALUE OF WORK COMPLETED 1$ 5,968,228.20 I $
477.599.80 $ 6,445,828.00
CHANGE ORDER WORK COMPLETED 1$ 344,968.17 $
I $ 483,777.96
138,809.79
TOTAL VALUE OF WORK COMPLETED 1
$ 6,313,196.37 $
I
616,409.59 1 $ 6,929,605.96
LESS RETENTION 10%
$ 692,960.60
LESS OTHER DEDUCTIONS
$
AMOUNT DUE THIS ESTIMATE
$ 6,236,645.36
LESS AMOUNT PREVIOUSLY PAID
$ 5,681,876.73
BALANCE DUE THIS ESTIMATE
$ 554,768.63
NOTICE TO PROCEED March 19, 2007
COMPLETION TIME 360 CALENDAR DAYS
APPROVED TIME EXTENSIONS 16 CALENDAR DAYS
TOTAL CONTRACT TIME 375 CALENDAR DAYS
TIME EXPENDED TO DATE 375 CALENDAR DAYS
TIME REMAINING 0 CALENDAR DAYS
r ~O
REQUESTED BY:
DATE, I
Peter Burrows, E. rant . C NTRACTOR
DATE -71
dd
APPROVED BY
WNER'VEPRESENTATIVE
APPROVED BY:
DATE D
_I//
enneth R. Vecc fare li, YL D•O N~
ITEM NO. 6
AGENDA REPORT
Board Meeting Date: April 24, 2008
To: Board of Directors
From: Michael A. Payne, General Manager
Staff Contact: Diane Cyganik, Finance Director
Reviewed by General Counsel: N/A Budgeted:
Funding Source:
CEQA Account No:
Compliance: N/A Estimated Costs:
APPROVED BY THE BOARD OF OIRECTOi 6
OF THE YORBA LINDA WATER DISTRICT
'j i
9Y
N/A Total Budget: N/A
All Funds
Job No:
Dept: Bus
Subject: Financial Statements for the first and second quarters of fiscal year 2007-2008 for
the periods ending September 30 and December 31, 2007 respectively.
SUMMARY:
A presentation of the Financial Statements for the first quarter of fiscal year 2007-2008 for the
period ending September 30, 2007.
DISCUSSION:
The Water Operating Fund had a Net Loss for the first quarter of fiscal year 2007-2008 ending
September 30, 2007 of $689,169. The key factors are outlined below:
Yorba Linda Water District
Quarterly Financial Statement Analysis - Water Operating Fund
For the Quarter Ending September 30, 2007
September 30,
Y-T-D
Y-T-D
Budget
2007
Budget
Budget
Description
FY 2007/08
Actual Y-T-D
Remaining
Remaining
Total Water Sales
$
17,217,870
$ 5,706,907
$
(11,510,963)
-67%
Total Variable Water Costs
$
10,520,000
$ 3,577,601
$
6,942,399
66%
Personnel Costs
$
6,992,970
$ 1,268,418
$
5,724,552
82%
Supplies & Services
$
3,740,200
$ 846,830
$
2,893,370
77%
The Water Operating Fund is showing water sales greater than what we had anticipated due to
the drier weather conditions this fiscal year and the variable water costs are most likely higher
because of the fact that Water Costs go hand-in-hand with Water Sales as well as the possibility
of faulty meters due to the aging of the meters. All meters will be eventually replaced with the
radio read meters. Personnel costs and supplies & services are lower than anticipated based on
the budget at this point in time. Personnel costs are lower due to positions that have been
budgeted but not yet been filled. As far as supplies and services, this is a hard area to
determine, because it is unknown when supplies will be exhausted and need ordering.
The Sewer Operating Fund had a Net Loss for the first quarter of fiscal year 2007-2008 ending
September 30, 2007 of $101,637. The key factors are outlined below:
Yorba Linda Water District
Quarterly Financial Statement Analysis - Sewer Operating Fund
For the Quarter Ending September 30, 2007
September,
Y-T-D
Y-T-D
Budget 2007
Budget
Budget
Description FY 2007/08 Actual Y-T-D
Remaining
Remaining
Sewer Maintenance Charges $ 1,243,700 $ 225,866
$ (1,017,834)
-82%
Personnel Costs $ 694,130 $ 143,333
$ 550,797
79%
Supplies & Services $ 336,600 $ 58,485
$ 278,115
83%
The Sewer Operating Fund is pretty much on target for what was budgeted at this point in time
without any material variances that need explanation.
Financial Statement Overview for the Second Quarter of Fiscal Year 2007/08
Ending December 31, 2007
The Water Operating Fund had a Net Loss for the second quarter of fiscal year 2007-2008
ending December 31, 2007 of $33,781. The key factors are outlined below:
Yorba Linda Water District
Quarterly Financial Statement Analysis - Water Operating Fund
For the Quarter Ending December 31, 2007
December 31,
Y-T-D
Y-T-D
Budget
2007
Budget
Budget
Description
FY 2007/08
Actual Y-T-D
Remaining
Remaining
Total Water Sales
$
17,217,870
$ 11,017,334
$
( 6,200,536)
-36%
Total Variable Water Costs
$
10,520,000
$ 5,741,950
$
4,778,050
45%
Personnel Costs
$
6,992,970
$ 2,415,684
$
4,577,286
65%
Supplies & Services
$
3,740,200
$ 1,524,477
$
2,215,723
59%
The Water Operating Fund is showing water sales greater than what was anticipated due to the
drier weather conditions this fiscal year and the variable water costs are most likely higher
because of the fact that Water Costs go hand-in-hand with Water Sales as well as the possibility
of faulty meters due to the aging of the meters. All meters will eventually be replaced with the
radio read meters. Personnel costs and supplies & services are lower than anticipated based on
the budget at this point in time. Personnel costs are lower due to positions budgeted but not yet
filled. As far as supplies and services, this is a hard area to place a pulse on, because it is
unknown as to when supplies will be exhausted and need ordering.
The Sewer Operating Fund had a Net Loss for the first quarter of fiscal year 2007-2008 ending
December 30, 2007 of $97,602. The key factors are outlined below:
Yorba Linda Water District
Quarterly Financial Statement Analysis - Sewer Operating Fund
For the Quarter Ending December 31, 2007
December, Y-T-D Y-T-D
Budget 2007 Budget Budget
Description FY 2007/08 Actual Y-T-D Remaining Remaining
Sewer Maintenance Charges $1,243,700 $ 577,514 $(666,186) -54%
Personnel Costs $ 694,130 $ 274,870 $ 419,260 60%
Supplies & Services $ 336,600 $ 147,298 $ 189,302 56%
The Sewer Operating Fund is on target for what was budgeted at this point in time without any
material variances that need explanation.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors reviews each quarter's financial statements. The financial statements for
the quarter ending June 30, 2007 were reviewed on August 9, 2007 The Audited Financial
Statements were received and filed by the Board on December 13, 2007.
STAFF RECOMMENDATION:
That the Board of Directors receive and file the financial statements for the first and second
quarter of fiscal year 2007-2008 for the periods ending September 30, and December 31, 2007,
respectively.
-ti'I.LL l'.\PI:'1,\~7,,1:~"II'.N-I, APPROVED BY THE BOARD OFDiRECTOHa Short Duration Fixed Income - Market Review
AIfBL",'°jft
(First Quarter 2008
ITEM NO. 7
Economic Update proximately 10 months. Until sales and credit conditions begin to improve.
Volatility, dislocation, risk aversion and turmoil best describe the behavior
of the generally staid bond markets during the first quarter. It is difficult
to recall another instance when so many segments of the fixed income
markets were essentially dysfunctional. Since the beginning of the year,
there has been an ongoing flight to safety as credit and liquidity concerns
plague various segments of the market, including monoline bond insurers,
auction rate securities, student loans. municipal bonds, corporate securities.
commercial mortgage-backed securities and agencies. Capital constraints
have never before been this binding. and the combination of poor dealer
bids and forced sales have fostered illiquid conditions throughout the fixed
income markets. The massive delevcraging trade, triggered by problems in
the subprimc mortgage market last summer, has heightened systemic risk
and exacerbated a loss of confidence across financial markets. The sudden
collapse of Bear Stearns has increased nervousness about how the markets
will value the debt and equity of other financial institutions. More negative
headlines and negative surprises are likely before this crisis is resolved and
the markets start to recover.
housing will continue to be a depressant rather than a stimulant to growth. Strong
exports and solid corporate balance sheets, however, will likely help offset these
contractionary forces in the quarters ahead.
Months Supply of Existing Homes
months, nsa
14 -
12 Single-Family Condos
10
8
6
4
The dismal economic releases during the quarter suggest that the economy
is already in or close to a recession. The economy began slowing during the
fourth quarter, growing at a meager 0.6 percent. While first quarter growth
may be slightly positive. the negative impact of the housing slump and
continued credit crisis will weigh on the economy for the foreseeable future.
Perhaps. there will be a temporary boost to GDP growth following the $150
billion in fiscal stimulus, but there is considerable uncertainty as to how
much of the tax rebates will be spent, saved or used to pay down debt.
Although consumers have remained fairly resilient, over the last three
months, consumer spending has fallen for everything except non-discretionary
items. Retail sales and durable goods orders declined 0.6 percent and 1.7
percent, respectively, in February. In a report that offers little hope for a
near-term rebound in consumer spending. the Conference Board's consumer
confidence index plunged to a five-year low of 64.5 in March with (he
expectations component reaching, a 35-year low. In addition. payrolls have
fallen, adding to consumer pain. As employment growth slows, we expect to
see the unemployment rate rise further above 5 percent. The weak dollar and
higher commodity prices have put upward pressure on inflation; however,
core inflation has remained Fairly stable to date.
If a recovery in housing is a precondition for improved GDP growth, first
quarter housing data provided very little comfort. Sales of new and existing
single family homes remained depressed and starts of single family units fell to
the lowest pace since 1991. The growing imbalance between supply and demand
has exacerbated the decline in home prices and has increased the monthly supply
2
Jan-02 Jan-03 Jan-04 Jan-05 Jan-06 Jan-07 Jan-08
Sourcc: National Association of Realtors
New Home Sales It Inventory
m, saar
1.50-
1.40- sales, ins
1.30
1.20-
1.10.
1.00.
0.90
0.80.
0.70'
0.60-
0.55
0.50
0.45
0.40
0.35
0.30
0.50 • 0.25
Jan-00 May-01 Sep-02 Jan-04 May-05 Sep-06 Jan-08
Source: Census Bureau
In response to a deteriorating outlook and heightened liquidity concerns, the
Fed has aggressively eased monetary policy since last summer, lowering
the Fed funds rate by 300 bps. On January 22, the FOMC made a surprise
75 basis point cut and voted at its regularly scheduled meeting on January
30 to cut the Fed funds rate by an additional 50 basis points. A 125 basis
point drop in the Fed funds rate in the space of nine days is a modern day
record and marked a milestone in the unfolding credit crunch. As the outlook
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WF?LI_S CAPY-rill, %N1A1N;\G1:M1:NT
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for growth continued to weaken, the Fed lowered the Fed funds rate by an
additional 75 bps to 2.25 percent on March 18. While lower interest rates
would typically help stimulate the economy by reducing borrowing costs for
households and businesses, that process has been thwarted in this cycle by a
financial system that has become extremely risk averse. Although Treasury
rates have declined approximately 230 bps since the Fed easing began,
private sector borrowing costs have barely declined.
Recognizing the severity of the liquidity problems in the U.S., the Federal
Reserve has moved beyond standard monetary policy instruments. Since late last
year, the Fcd has added three new lending facilities to its " toolkit" in an effort
to prevent fire sales of mortgage-backed securities (MBS). agencies, corporates
and financial stocks. The new lending facilities include the Term Auction Facility
('fAF). the Term Securities Lending Facility (TSLF) and the Primary Dealer
Short Duration Fixed Income - Market Review
First Quarter 2008
the credit markets have produced positive, albeit limited, results. Agency and
mortgage spreads have narrowed and the money supply within the U.S. has
increased $330 billion, or 9.6 percent. Money growth will likely continue to
increase since there is an inverse relationship between Fed fund rates and the
money supply. A significant increase in the money supply may compel the Fed
to increase rates quicker than would be typical following a Fed casing cycle, in
order to manage inflation risk. To be sure, financial risk will remain elevated as
the crisis continues to unwind in the quarters ahead.
Agencies
Despite the overall weakness in housing, the GSE paper continues to see
high demand given its relative strength and safety compared to other credits.
Fannie Mae reported full year 2007 earnings in February with a net loss of
$2 billion, while Freddie Mac reported a loss of $3 billion. Both Fannie and
Credit Facility (PDCF). Taken together, these initiatives are designed to increase Freddie have excess capital above the 30 percent required by OFI IF,O. with
dealer ability to finance trading positions in markets other than treasuries and $3.9 billion and $4.5 billion. respectively. The recent decision by 01:1IF.U
to alleviate finding strains. In recent weeks, there have been some indications
that liquidity in the credit markets is starting to improve.
Q1 2008 Bond Market Highlights
livery non-Treasury sector suffered during the quarter as spreads for
mortgage-backed securities. agencies and corporates widened significantly.
Within the auction rate securities ('ARS) market, heightened concern about
the creditworthiness of bond insurers and rating agency downgrades caused
hundreds of auctions to fail since February 13. The near collapse of the
ARS market wrecked havoc within the municipal market, causing a massive
repricing and record municipal to Treasury ratios. The dislocations within the
municipal market provided opportunities for investors to buy solid credits at
historically attractive valuations.
The extraordinary performance by Treasuries illustrates the extreme flight
to safety that prevailed during most of the quarter. The 1(I-year'freasury fell
more than 60 basis points while yields on the three-month T-bills and two-
year Treasury notes declined 190 and 145 basis points, respectively. The 1-3
Year Treasury Index returned 3.07 percent for the quarter, outpacing most
segments of the fixed income market except for longer dated Treasuries. The
yield curve steepened significantly. as it almost always does when the Fed is
easing. We anticipate rates increasing over the course of the next 12 months,
rising in advance of the Fed's first rate increase.
While \vc do not anticipate the second quarter will be as tumultuous as the first,
to reduce the capital requirement to 20 percent for the GSEs and the lifting
of their portfolio caps will enable Fannie and Freddie to take advantage
of growth opportunities as mortgage originators exit this business. The
steepened yield curve and continued flight to quality for short-term debt will
greatly benefit the GSI:s' business model. Agency debt continues to represent
good value. The two-year Agency benchmark ended the quarter with yields
in the 2.15 percent range compared to 1.60 percent for Treasuries. The
Lehman 1-3 Year Agency Index ended the quarter with a total return of 2.80
percent.. which was in-line with comparable duration Treasuries.
Corporate
It was another tough quarter for the credit market as systemic risk, additional
writedowns and concerns about funding continued to weigh on the sector.
causing spreads to widen significantly. March marked the third month in a
row of negative excess returns for the Lehman Brothers Credit Index, which
has underperformed 427 basis points year-to-date over duration-matched
treasuries. Although still under immense stress, the credit markets showed
sins of improvement during the last Iew weeks of the quarter. Credit spreads
have tightened approximately 25 bps from peak levels reached on March
17. Credit selection will be crucial in the quarters ahead as more negative
headlines will likely surface. especially if the economy remains weak.
The worst performing sectors during the quarter included brokers (e.g. Goldman
Sachs. Lehman Brothers, Morgan Stanley) and consumer finance companies
(e.g. CIT, General Electric Capital Corp.). As a result of dire liquidity conditions,
many of the problems and issues that have impaired the financial system still financial spreads reached levels not seen in the last 20 years.
need to be resolved. The Fed's quick actions to mitigate further deterioration in
www,wellscap com
WELLS L„\FI'I \I: ~I.\i~i\C;I:Cl1f,i\'"I
Orr
Financial Institutions OAS
400
350
300
250
200
150~✓
100
0 1996 1998 2000 2002 2004 2006 2008
-Investment Grade: Banking - OAS
- Investment Grade: Brokerage - OAS
Investment Grade: Finance Companies - OAS
Source: I .chman t. i vc
Although banks and brokers will continue to face pressure from additional
writedowns and assets cominu onto balance sheets. there arc a number
of temporary lending facilities now in place to help alleviate further
deterioration within the industry. Depository institutions can access the Term
Auction Facility (TAF) in addition to the discount window for funding. The
TAF, a biweekly competitive auction. enables participants to borrow money
from the Fed using a broader range of collateral (i.e. corporate debt, MIS,
CMOs, etc.) than typically available with open market operations. Primary
dealers also have increased access to funding from the Fed through the
Term Securities Lending Facility (TSLF), the Primary Dealer Credit Facility
(PDCF) and Term Repurchase Transactions. These programs enable primary
dealers to borrow cash at a lower cost and with greater, ease since they can
use some of their securities as non-traditional collateral for the loans. With
the increased lending facilities provided by the Fed, diversified money center
banks and brokers will likely represent attractive relative value opportunities
although credit selection %aill be crucial in the quarters ahead as more
negative headlines may surface.
ABS Ft MBS
This first quarter was higghlighted by a remarkable number of policy
responses to the housing and economic crises. While credit and liquidity
were the primary reasons for the Fed and other government agencies actions,
asset- and mortgage-backed securities should be a long-term beneficiarv of
this intervention. In the short-term. however. home-equity A13S and M13S
continue to be severely challenged by liquidity and wide spread aversion
to mortgages. specifically subprime holdings. This past quarter reflected a
continuation of forced sales and the liquidation of mortgage-related assets
due to deteriorating collateral, rising delinquencies and increasing margin
calls. The sell-off continues to pressure pricing and returns in these sectors.
Short Duration Fixed Income - Market Review
First Quarter 2008
Despite the lack of buyers and pricing pressure, private label home-equity
A13S and N113S holdings in our portfolios continue to perform well and
pay-down, albeit at a slower rate. Although slower pay-downs have extended
duration slightly. the collateral seatritiring the A13S and M13S holdings in our
client portfolios have not incurred significant delinquencies or losses. While
these securities are severely impaired due to liquidity, the credit structure is
sound and we continue to recommend against any distressed liquidation.
Reflective of the volatility in asset-backed and mortgage sectors, spreads
to Treasuries continued to widen during the quarter with home equity A13S
spreads peaking at the end of February. Spreads on auto and credit card
ABS fared slightly better, but also widened during the quarter despite
consumer ABS collateral continuing to perform. Deterioration in consumer
credit, a decline in household wealth and growing unemployment claims
contributed to the underperfonnance of'ABS for the quarter. The Lehman
1-3 Year A13S Index returned 0.49 percent fur the quarter, which represented
2.45 percent underperformance relative to comparable duration Treasuries.
The home equity A13S was by far the worst performing component with
a -7.38 percent total return for the quarter compared to 1.43 percent for-
AAA-rated auto and credit cards.
ABS Spreads
700
600
500
rn
400
O
300'
zoo
100,
v
o
Jul-06 Jan-07
Jul-07 Jan-08
ABS Credit Card AAA
ABS Auto AAA ABS Home Equity AAA
Sour
ce: LehmanLive
While private-label CMOs struggled with liquidity and decreased bid activity,
agency mortgage-backed pass-throughs, with their high quality portfolios,
performed extremely well amid economic uncertainty, posting a quarterly
return of 2.43 percent. Serious delinquencies for Fannie's and Freddie's
portfolios were 1.1 percent and 0.7 percent, respectively. at the end of
January 2008. Liquidity in agency CMOs has been superior to other non-
Treasury asset classes.
w ww.wel l scap. ann
Reporting Period.
Annualized
Month-to-
Quarter to
Return Since
Date
Date YTD
Inception*
Yorba Linda Water District
0.23'%
0.93% 0.93%
4.77%
olio
Investment Portfolio
Lipper Institutional Money
o
0.28
o
0.97 /0 0.97 /0
o
4.93 /o
Market Fund Index
6.00%
5.00% ■YLWD
® Lipper Inst. MM Fund Index
4.00%
3.00% -
2.00% ~
1.00% I
0.00% f
Month-to-Date
f
N:
Quarter to Date YTD
4
i
Annualized Since
Inception
* - Inception date for purposes of performance calculation: 1111105
Returns are net of Wells Capital Management fees.
PROVED BY THE BOFRD Of U,RECT06
OF THE YORBA LINDA WATER DISTRICT
4PR s 41?0Gc
19~.
ITEM NO. 119,
MINUTES OF THE
YORBA LINDA WATER DISTRICT
FINANCE-ACCOUNTING COMMITTEE
April 8, 2008
A meeting of the Yorba Linda Water District Finance-Accounting Committee was called
to order by Committee Chairman Mike Beverage at 4:05 p.m. The meeting was held at
District Headquarters, 4622 Plumosa Drive, Yorba Linda.
DIRECTORS PRESENT:
Director Michael J. Beverage, Chair
Director John W. Summerfield
Alternate: Director William R Mills
STAFF PRESENT:
Michael Payne, General Manager
Ken Vecchiarelli, Assistant Gen. Manager
Diane Cyganik, Finance Director
Sandi Van Etten, Senior Accountant
ACTION ITEMS:
1. Consider the quarterly Financial Statements for the first and second quarters of FY
2007/2008.
Finance Director Cyganik presented the Quarterly Financial Statements for the first
and second quarters of fiscal year 2007/2008 ending September 30 and December
31, 2007. The Committee asked a few questions which were all answered. The
Committee will recommend that the financial statements for the quarters ending
September 30 and December 31, 2007 be received and filed by the Board of
Directors.
2. Consider the monthly Financial Statements for the seventh and eighth months
ending January 31 and February 29, 2008, respectively.
The monthly statements were reviewed and the Committee accepted them as
presented.
DISCUSSION ITEMS:
3. Review of the Investment Report ending February 29, 2008.
The Investment Report for month ending February 29, 2008 was discussed and
accepted as presented.
4. Status report on Wells Capital portfolio investments as of March 31, 2008.
The committee asked Keith Khorey for an update on the status of the District's
investments. Mr. Khorey said the overall bond market is firmer than it was since the
Bears Sterns issue. In general, the financial markets have increased since last
month and all of the remaining Short-Term Corporate Securities are rated at A or
AA. It was noted that there are three options: (1) sell everything with a small loss;
(2) sell the investments at the coupon reset date and put the proceeds in a money
market fund; or (3) sit tight and see which direction the market takes. Mr. Khorey
recommended, based on our current investment policy, sitting tight. However, if the
committee chose to reconsider the District's investment policy, he might have a
different recommendation. The decision was made to let Wells Capital do what we
pay them to do, based on our current investment policy and objectives.
-1-
5. Reporting of Significant Event in Connection with the Continuing Disclosure
Obligations on the 2003 Certificates of Participation.
A conference call and memo from Fieldman Rolapp & Associates noted that the
credit rating of the FGIC Insurance Company has been downgraded, and that the
rating downgrades are not a reflection of the District's ability to pay principal and
interest on the 2003 Certificates. The reason for the reporting disclosure was to do
our due diligence in filing A Significant Event Notification with the Nationally
Recognized Exchange Commission pursuant to compliance with the Security
Exchange Commission (SEC) Rule 15c2-12, Section 5(C).
ADJOURNMENT:
The Committee adjourned at approximately 5:05.m. The next Finance-Accounting
Committee meeting is scheduled for May 13th at 4:00 p.m. at the District's
Administration building, 1717 E Miraloma Avenue, Placentia, CA.
-2-
APPROVED BY THE BOARD OF OIRECTO`6
OF THE YORBA LINCA WATER DISTRICT
,\PR 1~~
ITEM NO. /06. /
MINUTES OF THE
YORBA LINDA WATER DISTRICT
PUBL FORMATION - TECHNOLOGY COMMITTEE MEETING
April 11, 2008
A meeting of the Yorba Linda Water District Public Information-Technology
Committee was called to order by Committee Chair Ric Collett at 8:30 a.m. The
meeting was held in the EOC. Room, 913 S. Richfield Rd., Placentia.
COMMITTEE MEMBERS PRESENT:
Director Ric Collett, Chair
Director Michael J. Beverage
STAFF PRESENT:
Michael A. Payne, General Manager
Cindy Mejia, Assist. Administrator
INTRODUCTION OF VISITORS AND PUBLIC COMMENTS:
Nancy Jamar, Alain Jamar Design
ACTION ITEMS:
1. None
DISCUSSION ITEMS:
2. Status report on District Information activities. Cindy Mejia presented a list
of activities she attended for the month of March, an update on the
Consumer Confidence Report, a briefing on World Water Day 2008, and the
latest SmarTimer information. It was decided that the approval of the District
Video script would need to wait until the full video is shown to the
committee.
3. District Re-branding. Mike Payne requested Stacey Bavol be invited to the
next Committee meeting to ensure all stationary would be practical to
Customer Service's needs. He also stated he would like to have a message
stable developed that could be used on "bumper sticker-type" signs on the
back of all District vehicles for changeable messaging and to reflect a
current public information campaign. Director Collett requested a second
page to the current draft letterhead. Director Beverage suggested the
lettering of the logo match that of the YLWD name. Nancy Jamar stated that
for the next meeting, she would bring different typology for the logo and
different shading to ensure that the logo "popped", but did not overpower the
name of the District. Director Collett also suggested the District use only
environmentally- friendly paper for our printing.
ADJOURNMENT:
The meeting adjourned at 9:50 am. The next meeting of the Public Information-
Technology Committee is scheduled for April 17, 2008.
ITEM NO. 10-e,2
MINUTES OF THE
YORBA LINDA WATER DISTRICT
PUBLIC INFORMATION - TECHNOLOGY COMMITTEE MEETING
April 17, 2008
A meeting of the Yorba Linda Water District Public Information-Technology
Committee was called to order by Committee Chair Ric Collett at 8:40 a.m. The
meeting was held in the Closed Session Room of the Administration Building, 1717
E. Miraloma, Placentia.
COMMITTEE MEMBERS PRESENT:
Director Ric Collett, Chair
Director Michael J. Beverage
STAFF PRESENT:
Michael A. Payne, General Manager
Cindy Mejia, Assist. Administrator
Stacey Bavol, Customer Service Sup.
INTRODUCTION OF VISITORS AND PUBLIC COMMENTS;
Nancy Jamar, Alain Jamar Design
ACTION ITEMS:
1. None
DISCUSSION ITEMS:
2. District Re-branding. Director Collett reiterated that the Committee would like
one tagline/slogan to reflect the District on the concrete sign and the
stationary, with four to five different messages on the trucks. He also
requested the logo be darkened for better visibility. Director Beverage
suggested the logo not be contained in a box, as is sometimes currently used,
and that the shadow of the logo leans toward the name, rather than away.
Nancy Jamar stated that for the next meeting, she would bring the requested
changes and samples of environmentally friendly paper.
ADJOURNMENT:
The meeting adjourned at 9:20 am. The next meeting of the Public Information-
Technology Committee is scheduled for April 25, 2008 at 8:30 a.m.