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HomeMy WebLinkAbout2008-06-26 - Board of Directors Meeting Agenda PacketAgenda Packet Regular Meeting of the Board of Directors June 26, 2008 8:30 a. m. 1717 E. Miraloma Avenue, Placentia, CA 92870 Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, June 26, 2008, 8:30 A.M. 1717 E. Miraloma Avenue, 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 None CONSENT CALENDAR (Items 1 throuah 31 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. Minutes of the Regular Board of Directors meeting held June 12, 2008. Recommendation: Approve the minutes as presented. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $772,680.68. 3. Terms and Conditions for Water and Sewer Service with Ms. Kate Gulewich. Recommendation: Approve Terms and Conditions for Water and Sewer Service with Ms. Kate Gulewich for 5112 Eureka Avenue, Yorba Linda, Job No. 200808. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board actions. 4. Implement Level 1 of the 2005 Urban Water Management Plan Calling For A Voluntary 10% Reduction In Water Use District Wide. Recommendation: That the Board of Directors Adopt Resolution No. 08-07, A Resolution of the Board of Directors of the Yorba Linda Water District Implementing Level 1 of the 2005 Urban Water Management Plan. 5. Adopt appropriations limit for FY 2008-09. Recommendation: That the Board of Directors adopt Resolution 08-08 adopting the District's Appropriation Limit for fiscal year 2008-2009. 6. Pre-Annexation Agreement with Placentia-Yorba Linda Unified School District. Recommendation: That the Board of Directors authorize the President and Secretary to execute the Pre-Annexation Agreement between Yorba Linda Water District and Placentia-Yorba Linda Unified School District for the new Yorba Linda High School, Job No. 200620. 7. Approve the 2008 Consumer Confidence Report. Recommendation: That the Board of Directors approve the 2008 Consumer Confidence Report for distribution to all District customers. 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. 8. None REPORTS. INFORMATION ITEMS AND COMMENTS 9. a. President's Report b. Directors Reports c. General Managers Report COMMITTEE REPORTS 10. a. Executive-Administrative-Organizational Committee (Summerfield/Mills) Alternate: Collett 1) Minutes of meeting held June 17 will appear in the Board agenda for July 10. 2) Meeting scheduled for July 15, 4:00 p.m. -2- b. Finance-Accounting Committee (Beverage/Summerfield) Alternate: Mills 1) Minutes of meeting held June 10. 2) Meeting scheduled for July 8 4:00 p.m. c. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summen`ield 1) Minutes of meeting held June 9. 2) Meeting scheduled for July 14, 4:00 p.m. d. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage 1) Meeting scheduled for July 3, 4:00 p.m. e. Public Information-Technology Committee (CoIlett/Beverage) Alternate: Armstrong 1) Minutes of meeting held June 11. 2) Meeting scheduled for July 1, 4:00 p.m. f. MWDOC Ad Hoc Committee (Mills/Beverage) Alternate: Collett 1) Minutes of meeting held June 24 will appear in the Board agenda for July 10. 2) Meeting scheduled for August 26, 4:00 p.m. g. City of Placentia Ad Hoc Committee (Beverage/Payne) 1) Minutes of meeting held June 16 will appear in the Board agenda for July 10. INTERGOVERNMENTAL MEETINGS 11. a. Yorba Linda City Council, June 17 (Armstrong) b. MWDOC Board, June 17 (Staff) c. OCWD Board, June 17 (Staff) d. Yorba Linda Planning Commission, June 25 (Summerfield) -3- BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after June 26, 2008. Agenda is available in the District office prior to meeting. Julv 2008 [Public Information Committee, July 1, 4:00 p.m. I Collett/Beverage Yorba Linda City Council, July 1, 6:30 p.m. Mills MWDOC/MWD Joint Workshop, July 2, 8:30 a.m. I Staff OCWD Board, July 2, 5:00 p.m. I Staff Planning-Engineering-Operations Committee, July 3, 4:00 p.m. Mills/Armstrong District Holiday, July 4 1 Offices Closed Finance-Accounting Committee, July 8, 4:00 p.m. Beverage/Summerfield Yorba Linda Planning Commission, July 9, 7:00 p.m. I Collett District Board Meeting, July 10, 8:30 a.m. Personnel-Risk Management Committee, July 14, 4:00 p.m. I Armstrong/Collett Executive-Admin-Organizational Committee, July 15, 4:00 p.m. Summerfield/Mills Yorba Linda City Council, July 15, 6:30 p.m. I Armstrong MWDOC Board, July 16, 8:30 a.m. I Staff Administration Building Dedication, July 16, 4:00 p.m. OCWD Board, July 16, 5:00 p.m. Staff Yorba Linda Planning Commission, July 23, 7:00 p.m. I Summerfield District Board Meeting, July 24, 8:30 a.m. Auaust 2008 FPublic Information Committee, August 5, 4:00 p.m. I Collett/Beverage Yorba Linda City Council, August 5, 6:30 p.m. Mills MWDOC/MWD Joint Workshop, August 6, 8:30 a.m. Staff OCWD Board, August 6, 5:00 p.m. I Staff Planning-Engineering-Operations Committee, Aug 7, 4:00 p.m. I Mills/Armstrong Personnel-Risk Management Committee, August 11, 4:00 p.m. Armstrong/Collett Finance-Accounting Committee, August 12, 4:00 p.m. Beverage/Summerfield Yorba Linda Planning Commission, August 13, 7:00 p.m. I Collett District Board Meeting, August 14, 8:30 a.m. Executive-Admin-Organizational Committee, Aug 19, 4:00 p.m. Summerfield/Mills Yorba Linda City Council, August 19, 6:30 p.m. I Armstrong MWDOC Board, August 20, 8:30 a.m. I Staff OCWD Board, August 20, 5:00 p.m. Staff Yorba Linda Planning Commission, August 27, 7:00 p.m. I Summerfield District Board Meeting, August 28, 8:30 a.m. CONFERENCES AND SEMINARS 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 -4- 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. None ADJOURNMENT A regular meeting of the Board of Directors is scheduled for July 10, 2008, at 8:30 a.m., at 1717 E. Miraloma Avenue, Placentia 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. -5- 2008 BOARD OF DIRECTORS CALENDAR JAN FEB MAR S M T W T F S S M T W T F S S M T W T F Si 1 _ f 2 3 4 5 1 2 1 6 7 8 9. 11 12 3 4 5 6 7 8 9 2 3 4 5 6 7 8 13 14 15 16 17 18 19 10 11 12 13- 15 16 9 10 11 12® 14 15 20 21 22 230 25 26 17 181 19 20 21 22 23 16 17 18 19 20 21 22 27 28 29 30 31 24 25 26 27' 28 29 23 24 25 26M 28 29 30 311 APR MAY JUN S M T W T F S S M T W T F S! S M T W T F 1 3 4 5 1 2 3- 1 2 3 4 5 6 7 6 7 8 9 11 12 4 5 6 7 8 9 10 8 9 10 11M 13 14 13 14 15 16 17 18 19 11 12 13 14® 16 17 15 16 17 18 19 20 21 20 21 22 23 ® 25 26 18 19 20 21 22 23 24 22 23 24 25M 27 28 27 28 0 30 25 261 27 28M 30 31, 29 301 , JUL AUG SEP S M T W T F S S M T W T F S S M T W T F S 1 2 3 4( 5 1 2 1 2 8 4 5 6 6 7 8 9 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13 13 14 15 16 17 18 19 10 11 12 131 14 15 16 14 15 16 17 18 19 20 20 21 22 23M 25 26 17 18 19 20 21 22 23 21 22 23 24 = 26 27 27 28 29 30 31 24 25 26 271 28 29 30 28 29 30 311 OCT NOV DEC S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 6 5 6 7 8® 10 11 2 3 4 5 6 7 8 7 8 9 10® 12 13 12 13 14 15 16 17 18 9 10 11 12® 14 15 14 15 16 17 18 19 20 19 20 21 22 24 25 16 17 18 19 20 21 22 21 22 23 24 M 261 27 26 27 28 29 31 23 24 25 26 281 29 28 29 30 31 301 61 hir,?iicjy Dec 2-5 - ACWA Fall Conference, Long Beach Board Meeting Dec 15-17, CRWUA, 2008 Annual Conference, Las Vegas Activities 2008 BOARD OF DIRECTORS CALENDAR JUL S M T W T F S 1 2 3 4 5 6 7 8 9 11'12 13 14 15 16 17 18 19 20 21 22 23M 25 26 27 28 29 30 31 AUG S M T W T F S 1 2 3 10 4 11 5 12 6 7 13M 8 15 9 16 17 24 18 25 19 26 20 21 27M 22 29 23 30 311 NOV S M T W T F S 1 2 9 3 10 4 111 5 6 12- 7 14 8 15 16 17 18 19 20 21 22 OCT S M 5 6 12 13 19 20 26 27 T 7 14 21 28 W T F S 1 2 3 4 8. 10 11 15 16 17 18 22[23 24 25 29 30 31 23 24 25 26 27 28129 301 SEP S M T W T 1 11 2 3 4 7 8 9 10- 14 15 16 17 18 21 22 23 24M 28 29 30 F S 5 6 12 13 19 20 26 27 DEC S M T W T F S 1 2 3 4 5 6 7 8 9 10- 12 13 14 15 16 17 18 19 20 21 22 23 24 ' 26127 28 29 30 31 2009 BOARD OF DIRECTORS CALENDAR JAN S M T W T F S jj 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 210 23 24 25 26 27 28 29 30 31 S M 5 6 12 13 19 20 26 27 APR T W T F S 1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22' 23 24 25 28 29 30 S M 1 2 8 9 15 161 22 23 FEB T W T 3 4 5 10 11 17 18 19 24 25 26 F S 6 7 13 14 20 21 27 28 MAY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 26 27 28 29 30 31 . MAR S M T W T F S1 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25M 27 28 29 30 31 1 JUN S M T W T F 7 1 8 2 9 3 4 10- 5 12 6 13 14 21 15 22 16 23 17 18 24M 19 26 20 27, 28 29 301 Holiday Dec 2-5, 2008 - ACWA Fall Conference, Long Beach Board Meeting Dec 15-17 - CRWUA 2008 Annual Conference, LV Activities May 19-22 - ACWA Spring Conference, Sacramento APPROVED BY THE BOARD Of DIRECTOrS OFTHEVORBALINDA WATER 0ISTR1C7 JUN 2 6 2008 ITEM NO. MINUTES OF THE gy YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING June 12, 2008 The June 12, 2008 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Summerfield at 8:34 a.m. The meeting was held at the District's offices at 1717 E. Miraloma Avenue, Placentia, CA. DIRECTORS PRESENT AT ROLL CALL John W. Summerfield, President William R. Mills Paul R. Armstrong Michael J. Beverage Richard P. Collett STAFF PRESENT Michael A. Payne, General Manager Kenneth R. Vecchiarelli, Asst. G.M. Diane Cyganik, Finance Director Lee Cory, Operations Manager Gina Knight, HR Manager Pat Grady, IT Director Amelia Cloonan, Personnel Technician Stacy Bavol, Customer Service Supervisor Sandi Van Etten, Senior Accountant Miguel Serna, HR Analyst Jill Weber, Engineering Secretary Carrie Bogdanoff, Admin Temp Hank Samaripa, Project Engineer INTRODUCTION OF VISITORS AND PUBLIC COMMENTS Brett Barbre, MWDOC Director Kris Kelso, Executive Director, YMCA of Orange County Phil Starling & Mike Strauss, Starling Productions Julie McWhorter. Executive Secretarv candidate SPECIAL RECOGNITION None CONSENT CALENDAR (Items 1 throuah 5) On a motion by Vice President Mills, seconded by Director Collett, the Board of Directors voted 5-0 to approve the Consent Calendar. 1. Minutes of the Regular Board of Directors meeting held May 29, 2008. Recommendation: Approve the minutes as presented. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $1,233,514.08. 3. Professional Services Agreement Amendment for Engineering Design - Highland Reservoir Replacement Project. Recommendation: Authorize an amendment to the Professional Services Agreement with Carollo Engineers in the amount of $68,450 for additional engineering design and bidding support services performed during the preparation of final plans, specifications, contract documents, exhibits and for providing additional bid clarification documents for the Highland Reservoir Replacement Project, Job No. 200309. 4. Declaration of Restrictive Covenants with Mr. and Mrs. Paul Weddell, 5441 Robin Lane, Yorba Linda. Recommendation: Authorize the President and Secretary to execute the Declaration of Restrictive Covenants, subject to approval as to form by General Counsel, with Mr. Paul Weddell. 5. Progress Payment No. 1 for the Highland Reservoir Project. Recommendation: Approve Progress Payment No. 1 in the net amount of $97,065.00 to Schuler Engineering Corporation for construction of the Highland Reservoir Replacement Project, Job No. 200309. Cindy Mejia, Assistant Administrator, entered the meeting at 8:36 a.m. Pat Grady, Jill Weber and Carrie Bogdanoff left the meeting at 8:38 a.m. ACTION CALENDAR 6. Customer Service Fees and Developer Fees. Assistant General Manager Vecchiarelli commented on water development fees. Water and sewer development fees particularly were updated. These fees are assessments for the costs of service. New labor and benefits charges were applied. The frontage fee on the water side has not changed. Director Beveraqe stated this item went before the committee. ner Service Supervisor Bavol presented the customer service fees. were recommendations for new fees: $25.00 new account set up fee, inversion fee, charges for copying, faxing, mailing and shipping. Assistant General Manager Vecchiarelli commented on the sewer fees. The frontage fee was updated based on the average of $106 per linear foot of construction. The acreage fee has not been updated. The sewer master plan must be updated first. Unconnected acreage in the District will be assessed for costs. Director Beverage stated all of these fees have been discussed in the Finance-Accounting Committee, and the recommendation is to approve them. General Counsel Kidman commented that these particular kinds of fees are not subject to Prop 218. There was no requirement to do a public notice. On a motion by President Summerfield, seconded by Director Collett, the Board of Directors on a Roll Call voted 5-0 to adopt Resolution No. 08-04, A -2- Resolution of the Board of Directors of the Yorba Linda Water District Adopting the Water Development and Customer Service Fees and Rescinding Resolution 03-16. On a motion by Director Beverage, seconded by Director Collett, the Board of Directors on a Roll Call voted 5-0 to adopt Resolution No. 08-06, A Resolution of the Board of Directors of the Yorba Linda Water District Adopting Sewer Development Fees and Rescinding Resolution 03-14. Sandi Van Etten and Hank Samaripa left the meeting at 8:45 a.m. 7. Establishing Fats, Oils and Grease Discharge Permit Fees. Operations Manager Cory introduced the item and explained the fees. Inspections are performed by District staff. Vice President Mills asked about mitigation fees for blockages. How is it determined where the blockage is located? Operations Manager Cory responded that this is determined by camera. General Counsel Kidman commented the District needs to document. If someone violated the discharge rules, one of the available options to force compliance is to shut the water off. There was a question about paying fees for mitigation. Fees need to be sufficiently high to incentivize compliance. On a motion by Vice President Mills, seconded by Director Beverage, the Board of Directors on a Roll Call voted 5-0 to establish Fats, Oils and Grease Fees listed in Resolution No. 08-05, A Resolution of the Board of Directors of the Yorba Linda Water District Adopting Fats, Oils and Grease Fees. 8. Consider Customer Telephone Survey. General Manager Payne introduced the item. Two proposals were received. The recommendation is to go with Probolsky Research LLC. The list of questions will be reviewed by the Public Information-Technology Committee and then by the Board of Directors if they so decide. In the past two surveys, the District sought 500 responses. Director Mills said this survey is to understand how our customers see the District and also to find out if the customers understand the drought conditions. MWDOC Director Barbre spoke. He has given General Manager Payne a copy of the OC Water Summit Resident and Stakeholder Water Surveys Final Report. MWDOC is adding as part of their message that this is a court ordered drought. He asked that at least one question should be added to the survey about the court case that has restricted our state water consumption. Vice President Mills asked to see the results of the previous two surveys. General Manager will provide this to the Board members. On a motion by Director Collett, seconded by Director Armstrong, the Board of Directors voted 5-0 to approve and authorize the General Manager to execute a Professional Services Agreement with Probolsky Research LLC in an amount not to exceed $23,700 for Customer Survey Services. -3- Brett Barbre left the meeting at 9:17 a.m. DISCUSSION ITEMS 9. Presentation by Yorba Linda YMCA. Kris Kelso, representing the YMCA, gave a presentation about proposals for cooperating with the District for usage of the reservoir surfaces for recreational purposes. Mr. Kelso spoke about what could be done in the reservoir areas and the impact of construction on the neighborhoods, including parking. He also spoke about possible scenarios for monitoring use of potential sites. Stacy Bavol left the meeting at 9:31 a.m. Vice President Mills wants to discuss the District's obligations at some point. This item should go to one of the committees. Director Collett suggested it be considered by the Executive-Administrative-Organizational Committee. He said teaming up with an organization like the YMCA would give the District a better opportunity for grant funding. A timeline should be developed by staff. Director Armstrong suggested the District would also need legal advice. District staff should prepare a report. General Counsel commented about the fact the District had not in the past exercised the authority to put recreational facilities on reservoirs. LAFCO may become involved. Having the city as a silent partner would be advantageous. Vice President Mills complimented Mr. Kelso on his presentation. It was decided the Executive-Administrative-Organizational Committee would be the starting point for discussion. Julie McWhorter, Miguel Serna, Kris a.m. 10. Governor Schwarzenec General Manager Payi agenda was issued by and orders immediate Analyst Mejia gave a program at Metropolita plan. Kelso and Ken Vecchiarelli left the meeting at 9:50 sion to Issue Drought Declaration. luced the item. A press release included in the ernor's office on June 4. It proclaimed a drought to address the drought situation. Management oint presentation. On Tuesday, she attended a District of Orange County regarding the drought Pat Grady rejoined the meeting at 9:56 a.m. Management Analyst Mejia's presentation included an outline of Governor Schwa rzenegger's plan for managing the drought, the information contained in the Orange County Grand Jury report regarding conservation, and drought planning by Metropolitan Water District, MWDOC/OCWD and other agencies including the Cities of Long Beach and San Diego. YLWD's Urban Water Management Plan was outlined along with staff recommendations for future action. Actions will or may include: Voluntary Conservation at different levels, a redo of the Urban Water Management Plan, development and implementation of a public information campaign on the drought situation, submittal of California Urban Water Conservation Council's BMPs, implementation of "conservation pricing" including a tiered rate with allocations and penalties. -4- Vice President Mills questioned whether the District had any grant proposals in at this time. General Counsel Kidman stated the District's Urban Water Management Plan needs to be approved by the State. There were questions about consumption and how to determine consumption levels. Director Collett asked if the Board could at least today ask for voluntary 10% conservation then go back to look at everything. General Counsel Kidman stated that this involved changing water pricing again and would require Prop 218 notification. General Manager Payne said the 10% voluntary conservation would come to the next Board meeting. A recess was declared at 10:30 a.m. The Board of Directors reconvened in open session at 10:41 a.m. REPORTS. INFORMATION ITEMS AND COMMENTS 11. a. President's Report President Summerfield queried the late receipt of his Board book. He stated that OCWD had their 75th anniversary event today, June 12, and the District received notification on May 30. His mail was received too late to act on the invitation. b. Directors Reports Vice President Mills reported Virginia Grebbien is now with Parsons. Director Collett wants an update on where the District is with OCWD. Director Armstrong requested a new telephone list and the laminated wallet card. General Manager Payne said we will deal with restaurant table conservation m,moo-m m "fcnfc" infcrnniki c. uenerai managers Keport 1) Form 460/470 Campaign Statements filing is due by July 24. 2) IT Director Grady said the department is in the final phase of moving the - Production room and SCADA room into the Administration building. They are in the process of converting the SCADA system to the new system. 3) Assistant General Manager Vecchiarelli reported on the Zone 4 pipeline tie-in, which is complete. d. General Counsels Report There was no report. COMMITTEE REPORTS 12. a. Executive-Administrative-Organizational Committee (Summerfield/Mills) Alternate: Collett 1) Minutes of meeting held May 28 were previously reported. 2) Meeting scheduled for June 17, 4:00 p.m. Director Collett will substitute for Vice President Mills. -5- b. Finance-Accounting Committee (Beverage/Summerfield) Alternate: Mills 1) Minutes of meeting held June 10, will appear in the Board agenda for June 26. President Summerfield stated Director Beverage will remain as the Chairman of the Committee. 2) Meeting scheduled for July 8, 4:00 p.m. c. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summen`ield 1) Minutes of meeting held June 9, will appear in the Board agenda for June 26. 2) Meeting scheduled for July 14, 4:00 p.m. d. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage 1) Minutes of meeting held June 5. Vice President Mills reported. The Committee preventive maintenance program, the meter retrofit project, monthly water production and May 2008, monthly MWDOC Managers Me Irrigation Feasability study, actioi Report, Cielo Vista Project Tec status report on capital improv( included a professional service Replacement Project, Job No. proposals for well siting, drillinc Wells 20 & 21, Job No. 200711. e. nical discussed the status of the replacement and radio read purchased imports through eting summary report, Draft e Orange County Grand Jury randum 1 Conceptual Plan, nent projects in progress. Action items agreement for the Highland Reservoir 200309 and consideration of soliciting and testing of groundwater replacement Meeting scheduled for July 3, 4:00 p.m. Technology Committee ►ternate: Armstrong 1) Minutes of meeting held May 28 and June 3 were reported on by Director Collett. The Committee discussed printing. Decisions must be made, because new letterhead and signage must be ready for the dedication. Director Armstrong asked that the word "remittance" be changed to "mailing". He suggested the water feature be limited to the printed area of the business card. Vice President Mills would prefer to eliminate the water feature on the business card and enlarge the printing on the card to make it more legible. President Summerfield thinks the water feature looks fine on the business card. He thought the word "independent" does not send the right message to the public. Director Armstrong does not want the tagline at all. -6- Director Collett polled the Directors for their preference of having the water feature appear on the business cards but not on the trucks, stationery or signage. The vote was 4-1, with Director Armstrong not in favor. Vice President Mills moved the tagline. President Summerfield asked that the tagline read "Reliable and trusted for more than 100 years". The vote was 5-0. The word "remittance" will be changed to "mailing". Director Collett reported on the continuing work for the building dedication to be held July 16 at 4:00 p.m. The Committee is looking at gifts. The lobby kiosk is being produced. 2) Minutes of meeting held June 11, will appear in the Board agenda for June 26. 3) Meeting scheduled for June 25, 4:00 p.m. ;r KCindy Mejia left the meeting at 11:25 a.m. f. MWDOC Ad Hoc Committee (Mills/Beverage) Alternate: Collett Director Beverage requested he be removed from the MWDOC Ad Hoc Committee. President Summerfield will replace Director Beverage. Director Collett will substitute for Vice President Mills for the meeting on June 24. 1) Meeting scheduled for June 24, 4:00 p.m. g. City of Placentia Ad Hoc Committee une 16, 9:00 a.m. 13. a. ISDOC Quarterly Meeting, May 29 (Payne/Kidman) General Manager Payne attended. There were four speakers. General Counsel Kidman was on the panel and spoke about the budget. Arlene Shaffer was elected LAFCO representative for ISDOC. General Counsel Kidman spoke. He presented the results of the legal research done on YLWD's instigation. The legislature is at an impass regarding new taxes and the budget. There still may be an effort to make another raid on independent special districts. b. Yorba Linda City Council, June 3 No one attended. -7- c. MWDOC/Met Joint Workshop, June 4 General Manager Payne reported the interim agricultural program was discussed as was AB885 Calderon dealing with MWD's alternate representation. d. OCWD Board, June 4 General Manager Payne reported the Santa Ana Watershed Project budget was adopted. e. Yorba Linda Planning Commission, June 11 No one attended. :k BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after June 12, 2008. Agenda is available in the District office prior to meeting. -June 2008 Executive-Admin-Organizational Committee, June 17, 4:00 p.m. Summerfield/Mills Yorba Linda City Council, June 17, 6:30 p.m. Armstrong MWDOC Board, June 18, 8:30 a.m. I Staff OCWD Board, June 18, 5:00 p.m. I Staff Public Information Committee, June 18, 9:00 a.m. Collett/Beverage Yorba Linda Planning Commission, June 25, 7:00 p.m. I Summerfield District Board Meeting, June 26, 8:30 a.m. zr::w JUIv 2008 :n Public Information Committee, July 1, 4:00 p.m." Yorba Linda City Council, July 1, 6:30 p.m. MWDOC/MWD Joint Workshop, July 2, 8:30 a.m. OCWD Board, July 2, 5:00 p.m. Planning-Engineering-Operations Committee, July 3, 4:00 p.m. District Holiday, July 4 Finance-Accounting Committee, July 8, 4:00 p.m. Yorba Linda Planning Commission, July 9, 7:00 p.m. District Board Meetinq, Julv 10, 8:30 a.m. Personnel-Risk Management Committee, July 14, 4:00 p.m. Executive-Admin-Organizational Committee, July 15, 4:00 p.m. Yorba Linda City Council, July 15, 6:30 p.m. YLWD Administration Building Dedication, July 16, 4:00 p.m. MWDOC Board, July 16, 8:30 a.m. OCWD Board, July 16, 5:00 p.m. Yorba Linda Planning Commission, July 23, 7:00 p.m. District Board Meeting, July 24, 8:30 a.m. Collett/Beverage Mills Staff Staff Mills/Armstrong Offices Closed Beverage/Summerfield Collett Armstrong/Collett Summerfield/Mills Armstrong Staff Staff Summerfield CONFERENCES AND SEMINARS 14. 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. 2008 Annual Colorado River Water Users Association - "Power of Water" December 15-17 2008. -8- The Board of Directors adjourned to Closed Session at 11:41 a.m. All Directors were present. Also present were General Manager Payne and General Counsel Kidman. ADJOURN TO CLOSED SESSION 15. Public Employee Performance Evaluation [Government Code Section 54957] Title: General Manager. CLOSED SESSION REPORT There was no closed session report. ADJOURNMENT On a motion by President Summerfield, seconded by Vice President Mills, the Board of Directors voted 5-0 at 11:43 a.m. to adjourn to a regular meeting of the Board of Directors scheduled for June 26, 2008, at 8:30 a.m., at 1717 E. Miraloma Avenue, Placentia 92870. ~r v x• • -9- ITEM NO. L- AGENDA REPORT Board Meeting Date: June 26, 2008 To: Board of Directors From: Kenneth R. Vecchiarelli, Assistant General Manager APPROVED BY THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT JUN 2 6 008 BY Staff Contact: Diane Cyganik, Finance Director Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: N/A Funding Source: All Funds CEQA Account No: N/A Job No: N/A Compliance: N/A Estimated Costs: $772,680.68 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 $2,540.17 to Bank of America for May 2008 visa payment; a wire of $44,659.64 to Parsons for Job 0704 May 2008 services; and, a check of $245,591.90 to Aqua-Metric Sales for in-house materials. The balance of $250,392.49 is routine invoices. In summary, the check register total is $543,184.20; payroll No. 12 total is $229,496.48; and, the disbursements of this agenda report are $772,680.68. A summary of the checks is as follows: Pavables: Manual Checks Computer Checks Pavroll #12: Computer Checks Manual Check Void Check Manual Check Check Nos. 49134 - 49137 Check Nos. 49138 - 49233 Check Nos. 3972 - 3982 Check No. 3983 Check No. 3984 Check Nos. 3985 - 3995 The disbursement total for the current period is $772,680.68, distributed as follows: Water $ 764,058.60 Sewer $ 10,273.94 ID #1 $ (860.00) ID #2 $ (791.86) TOTAL $ 772,680.68 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 $772,680.68. Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 06-13-08 THRU 06-26-08 Check. Check... Posting. Vendor Name Check..... No Date Date Amount 49140 06-26-08 06-26-08 A-1 FENCE 7,517.00 49141 06-26-08 06-26-08 ABIGAIL ABBOTT STAFFING SVC 8,819.28 49142 06-26-08 06-26-08 ACTION WHOLESALE PRODUCTS, INC 1,098.77 49143 06-26-08 06-26-08 ACWA/JPIA 675.00 49144 06-26-08 06-26-08 ALAIN JAMAR DESIGN 698.27 49145 06-26-08 06-26-08 AMELIA CLOONAN 137.02 49146 06-26-08 06-26-08 ANAHEIM WHEEL & TIRE 45.00 49147 06-26-08 06-26-08 AQUA-METRIC SALES CO. 245,591.90 49148 06-26-08 06-26-08 ARCHIE'S TOWING 125.00 49149 06-26-08 06-26-08 ARROW HARDWARE 656.72 49150 06-26-08 06-26-08 ART CONCEPTS 4,951.92 49151 06-26-08 06-26-08 ASSOCIATED LABORATORIES 4,928.70 49152 06-26-08 06-26-08 AT&T 45.10 49153 06-26-08 06-26-08 AT&T 779.92 49154 06-26-08 06-26-08 ATWOOD SALES 287.04 49155 06-26-08 06-26-08 AW DIRECT INC. 229.28 W61308 06-13-08 06-13-08 BANK OF AMERICA 2,540.17 49156 06-26-08 06-26-08 BNI BUILDING NEWS 342.51 49157 06-26-08 06-26-08 CADET UNIFORM SERVICE 840.25 49158 06-26-08 06-26-08 CALI WEST CONSTRUCTION 257.02 49159 06-26-08 06-26-08 CARMENITA TRUCK CENTER, INC. 269.67 49160 06-26-08 06-26-08 CDW-G GOVERNMENT, INC 50.83 49232 06-26-08 06-26-08 CDW-G GOVERNMENT, INC 131.88 49161 06-26-08 06-26-08 CERIDIAN BENEFITS SERVICES 100.00 49162 06-26-08 06-26-08 CITY OF ANAHEIM 13,401.50 49163 06-26-08 06-26-08 CLA-VAL CO. 404.28 49164 06-26-08 06-26-08 CLINICAL LAB. OF SAN BERN. 1,910.00 49165 06-26-08 06-26-08 COLORADO RIVER WATER USERS ASC 20.00 49166 06-26-08 06-26-08 CONSOLIDATED REPROGRAPHICS 651.75 49167 06-26-08 06-26-08 COOPERATIVE PURCHASERS 2,833.18 49168 06-26-08 06-26-08 CPS HUMAN RESOURCE SERVICES 1,404.45 49169 06-26-08 06-26-08 CYNTHIA MEDIA 442.01 49170 06-26-08 06-26-08 DATALOK ORANGE COUNTY 328.33 49171 06-26-08 06-26-08 DICK'S LOCK & SAFE INC. 186.32 49172 06-26-08 06-26-08 DIGITAL INSTALLERS INC 590.00 Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 06-13-08 THRU 06-26-08 Check. Check... Posting. Vendor Name Check..... No Date Date Amount 49173 06-26-08 06-26-08 ECONOMY RADIATOR REPAIR 32.33 49174 06-26-08 06-26-08 EISEL ENTERPRISES, INC. 155.70 49175 06-26-08 06-26-08 EMPLOYEE RELATIONS, INC. 30.75 49137 06-13-08 06-13-08 ENERGY ENVIRONMENTAL SOLN, INC 2,200.00 49176 06-26-08 06-26-08 FAIRWAY FORD SALES, INC. 557.49 49177 06-26-08 06-26-08 HAAKER EQUIPMENT CO. 561.25 49178 06-26-08 06-26-08 HARBOR RESOURCES INC. 5,802.05 49179 06-26-08 06-26-08 HOME DEPOT CREDIT SERVICES 225.42 49180 06-26-08 06-26-08 IMAGES BY G MILLER 388.21 49181 06-26-08 06-26-08 INFOSEND 3,182.92 49182 06-26-08 06-26-08 JEFF MC DONALD 159.47 49183 06-26-08 06-26-08 JOHN LENT 178.98 49184 06-26-08 06-26-08 KNOLL, INC. 1,710.23 49185 06-26-08 06-26-08 KONICA MINOLTA BUSINESS 869.00 49186 06-26-08 06-26-08 LAER PEARCE 20,211.50 49187 06-26-08 06-26-08 LASER PRINTER SERVICES 118.82 49188 06-26-08 06-26-08 LAYNE CHRISTENSEN COMPANY 4,000.00 49189 06-26-08 06-26-08 LIGHT BULBS ETC 160.82 49190 06-26-08 06-26-08 LINCOLN NATIONAL LIFE 1,778.80 49191 06-26-08 06-26-08 LLOYD PEST CONTROL 63.00 49192 06-26-08 06-26-08 MACIAS GINI & O'CONNELL LLP 762.50 49193 06-26-08 06-26-08 MC FADDEN-DALE HARDWARE 734.21 49194 06-26-08 06-26-08 MC MASTER-CARR SUPPLY CO. 278.13 49195 06-26-08 06-26-08 McCORMICK,KIDMAN & BEHRENS LLP 9,988.00 49196 06-26-08 06-26-08 METCALF & EDDY, INC. 6,304.50 49197 06-26-08 06-26-08 MUDGE FASTENERS, INC 166.63 49198 06-26-08 06-26-08 NICKEY PETROLEUM CO 6,997.75 49199 06-26-08 06-26-08 OFFICE SOLUTIONS 1,567.37 49200 06-26-08 06-26-08 ORANGE COAST PETROLEUM EQUIP. 1,908.09 49201 06-26-08 06-26-08 ORANGE COUNTY - AUDITOR/CONT 719.00 49202 06-26-08 06-26-08 ORANGE COUNTY - I W M D 249.78 49203 06-26-08 06-26-08 ORVAC ELECTRONICS 341.03 49204 06-26-08 06-26-08 PACIFIC COAST TOOL & SUPPLY 502.88 W62608 06-26-08 06-26-08 PARSONS ENGINEERING SCIENCE 44,659.64 49138 06-26-08 06-26-08 PAULA PETERSON 231.88 Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 06-13-08 THRU 06-26-08 Check. Check... Posting. Vendor Name Check..... No Date Date Amount 49205 06-26-08 06-26-08 PLACENTIA DISPOSAL 366.48 49206 06-26-08 06-26-08 PLUMBERS DEPOT INC. 290.93 49207 06-26-08 06-26-08 PLUMBING AND INDUSTRIAL SUPPLY 109.74 49208 06-26-08 06-26-08 PRAXAIR DISTRIBUTION 247.63 49209 06-26-08 06-26-08 QUINN POWER SYSTEMS ASSOCIATES 1,619.76 49210 06-26-08 06-26-08 R J SERVICES, INC 3,888.00 49134 06-13-08 06-13-08 SACRAMENTO ADVOCATES 3,000.00 49211 06-26-08 06-26-08 SCOTT W. MOULTON 2,662.50 49212 06-26-08 06-26-08 SECURITY SOLUTIONS 3,340.63 49213 06-26-08 06-26-08 SHRED-IT LOS ANGELES 73.35 49214 06-26-08 06-26-08 SKC-WEST INC. 802.99 49215 06-26-08 06-26-08 SOUTHERN CALIF EDISON CO. 1,111.61 49136 06-13-08 06-13-08 SOUTHERN CALIF GAS CO. 46,784.09 49216 06-26-08 06-26-08 SPINITAR 30,544.94 49217 06-26-08 06-26-08 ST.JOSEPH HERITAGE HEALTHCARE 150.00 49218 06-26-08 06-26-08 STACY BAVOL/PETTY CASH 373.54 49219 06-26-08 06-26-08 STANDARD REGISTER 91.66 49220 06-26-08 06-26-08 STAPLES BUSINESS ADVANTAGE 310.24 49221 06-26-08 06-26-08 STATE CHEMICAL MANUFACTURING 559.91 49222 06-26-08 06-26-08 SUBURBAN PROPANE 255.00 49223 06-26-08 06-26-08 SYSTEMS SOURCE INC 9,932.78 49224 06-26-08 06-26-08 TETRA TECH, ISG 41 357.46 49233 06-26-08 06-26-08 TIME WARNER CABLE 187.38 49139 06-26-08 06-26-08 TONJA WEISENBERG 22.80 49225 06-26-08 06-26-08 TRAFFIC CONTROL SERVICE, INC 837.38 49226 06-26-08 06-26-08 UNITED INDUSTRIES 192.72 49227 06-26-08 06-26-08 USA BLUE BOOK 217.99 49228 06-26-08 06-26-08 VALVERDE CONSTRUCTION, INC. 1,777.36 49229 06-26-08 06-26-08 VECTOR RESOURCES INC. 1,585.00 49135 06-13-08 06-13-08 VINEYARD BANK 10,785.00 61208A 06-12-08 06-13-08 VINEYARD BANK -10,785.00 49230 06-26-08 06-26-08 WELLS SUPPLY CO 9,479.62 49231 06-26-08 06-26-08 WESTSIDE BUILDING MATERIAL 922.51 543,184.20 June 26, 2008 CHECK NUMBERS 49134 TO 49233 $ 495,984.39 WIRES: W-61308 Bank of America $ 2,540.17 W-62608 Parsons $ 44,659.64 $ 47,199.81 TOTAL OF CHECKS AND WIRES: $ 543,184.20 PAYROLL NO. 12: CHECK NUMBERS: 3972 TO 3995 $ 229,496.48 TOTAL: $ 772,680.68 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF JUNE 26, 2008 TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS AS FOLLOWS: WATER $ 764,058.60 SEWER $ 10,273.94 ID # 1 $ (860.00) ID # 2 $ (791.86) TOTAL: $772,680.68 ITEM NO. 3 AGENDA REPORT APPROVED BY THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT Board Meeting Date: June 26, 2008 JUN 2 6 2008 To: Board of Directors V,9d BY From: Ken Vecchiarelli, Assistant General Manager Staff Contact: Ariel Bacani, Engineering Technician Reviewed by General Counsel: N/A Budgeted: No Dept: Eng Funding Source: District and Developer Funds CEQA Account No: 1/2-2600 Job No: 200808 Compliance: Exempt Estimated Costs: $ 85,000 (District Project) Subject: Terms and Conditions for Water and Sewer Service with Ms. Kate Gulewich SUMMARY: Ms. Kate Gulewich is proposing to construct a second residential unit on a single parcel, located at 5112 Eureka Avenue. This parcel consists of approximately 0.87 acres and is located within the District's Western Service Area at the corner of Eureka Avenue and Blair Drive, a private street. DISCUSSION: The District is currently designing plans to construct an 8-inch water main in Blair Drive connecting existing pipelines in Eureka Drive and Highland Avenue. This looped system will allow the District to abandon a 20-inch steel main installed in 1927, which is still physically connected to the Highland Reservoir and will need to be disconnected and removed with the Highland Reservoir Replacement Project. This District project will relocate Ms. Gulewich's existing water service from the 20-inch steel main to the proposed 8-inch water main. The applicant is requesting a separate and additional water service connection for the second residential unit with access off Blair Drive. The District will require the applicant to install a fire hydrant fronting her property at Eureka Avenue. An exhibit depicting the project location is attached for your reference. The applicant's property is located within Drainage Area 2 of the District's Sewer Service Area. The District has an existing sewer main in Eureka Avenue that ends near the southwest corner of Ms. Gulewich's property. The applicant will be required to extend the sewer main northerly by approximately 225 feet, with a terminal manhole just north of the northwest corner of her parcel and construct a 4-inch house lateral to her residence in accordance with the District Rules and Regulations for Sewer Service and in compliance with the District's Sewer Standards and Specifications. The Terms and Conditions for Water and Sewer Service with Kate Gulewich are attached for your consideration. STAFF RECOMMENDATION: Approve the Terms and Conditions for Water and Sewer Service with Ms. Kate Gulewich for 5112 Eureka Avenue, Yorba Linda, Job No. 200808. I i LL! , D I I z I , j < i PROPOSED 1" I Q w I SERVICE BY YLWD , ~ I Q < I PROPOSED 1" 1 18095 BLAIR SERVICE BY I Y aD DEVELOPER 18063 BLAIR DRIVE X. I DRIVE �A w I I FRi BLAIR DRIVE WI --�------- -------- I —J VORBA LINDA BLVD. PROP.4" EX.6"WATER MAIN w MDUNT9LNVi LATERAL PROPOSED 8"WATER MAIN EW w BLAIR DRIVE PROP. FIRE BY YLWD (APPROXMATELY VIA BUENA VIDA MONSONCT 'a HYDRANT 420 L.F) 1 18092 BLAIR SITE 5 18042 118062 BLAIR DRIVE BLAIR DRIVE I DRIVE I 5112 EUREKA AVE. I Kate Gulewich I VICINITY MAP I 1 PROPOSED 8"SEWER MAIN BY DEVELOPER — --------- (APPROXIMATELY 225 L.F.) EXIST.20"WATER MAIN TO BE ABANDON ----------- i3 I IWI IXI IW I -- T- 4r 1`I I VIA BUENA 1 I N VIDA I I LOCATION MAP PREPARED BY: Exhibit "A" SCALE: No Scale WLYORBA LINDA WATER DISTRICT Water and Sewer Service DATE: 1717 E. Miraloma Avenue for 06-17-08 PLACENTIA, CALIFORNIA 92870 5112 Eureka Avenue FILENAME: (714) 701-3000 200808 Date: June 26, 2008 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER AND SEWER SERVICE NAME OF APPLICANT: KATE GULEWICH LOCATION OF PROJECT: 5112 EUREKA AVENUE, YORBA LINDA TRACT NUMBER: N/A JOB NUMBER: 200808 SEWER: 200808 LOT(S): 1 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) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 1 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. I. 4) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 2 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. 2. 5) X The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 6) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. 7) 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. Page 2 of 5 NAME OF APPLICANT: KATE GULEWICH LOCATION OF PROJECT: 5112 EUREKA AVENUE, YORBA LINDA 8) X The applicant shall provide the District with a copy of the Recorded Tract/Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 9) The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. 10) X The applicant shall furnish the District with a 24-hour emergency telephone number prior to the District's approval of the construction plans. 11) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 12) 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. 13) X The applicant shall provide per the District specifications one complete set of "As Built" mylars and electronic copy of ACAD drawings (version 2002 or later) for the Water and/or Sewer facilities. 14) X The applicant shall complete an Application to and Agreement for Water Service. 15) X The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 16) X The applicant shall pay meter fees associated with the installation of radio read meters for this project. 17) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 18) 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. 19) X The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan, the Insurance Services Office's suggested standards contained in the "Grading Schedule of Municipal Fire Protection", 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. 20) X The applicant's water facilities (on-site) shall be District owned and maintained. (Public fire hydrant, water services and meters.) Page 3 of 5 NAME OF APPLICANT: KATE GULEWICH LOCATION OF PROJECT: 5112 EUREKA AVENUE, YORBA LINDA 21) 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. 22) X The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 23) The applicant shall install _ water Sampling Station(s) in conformance with the District's Standard Plans. 24) 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. 25) The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 26) X All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 27) X The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 28) 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. 29) X The applicant shall adjust and raise to grade all valve covers within the limits of this project. 30) X The applicant shall install a pressure regulator in all buildings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 31) X The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to serve the new buildings. 32) 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. 33) The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. NAME OF APPLICANT: KATE GULEWICH LOCATION OF PROJECT: 5112 EUREKA AVENUE, YORBA LINDA Page 4 of 5 34) 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. 35) 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. 36) X 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 State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross-Connections. 37) X The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 38) X The applicant shall complete an Application to and Agreement for Sewer Service. 39) 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. 40) X The applicant shall pay all of the sewer fees as required by the Rules and Regulations of the District. 41) The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan 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. 42) 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. 43) The applicant's sewer facilities (on-site) shall be Privatelv owned and maintained. 44) X The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District's Plans and Specifications. 45) X The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. NAME OF APPLICANT: KATE GULEWICH LOCATION OF PROJECT: 5112 EUREKA AVENUE, YORBA LINDA Page 5 of 5 46) 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. 47) 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, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. (END OF STANDARD TERMS AND CONDITIONS) PROJECT SPECIFIC TERMS AND CONDITIONS 48) X The applicant shall construct approximately. 225 feet of new 8-inch VCP sewer main with a terminal manhole and 1 new sewer lateral, and install 1 new water service and 1 new fire hydrant per approved plans and District Specifications. I hereby certify that the foregoing Terms and Conditions were approved at the June 26, 2008 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. fi(MicKael A. Payne, General Manager ' ITEM NO. 4 AGENDA REPORT Board Meeting Date: June 26, 2008 APPROVE D BY THE BOARD OF To: Board of Directors JUN 2 6 2008 From: Ken Vecchiarelli, Assistant General Manager BY Staff Contact: Cindy Mejia, Management Analyst Reviewed by General Counsel: N/A Budgeted: N/A Total Budget: Funding Source: N/A CEQA Account No: Job No: Compliance: N/A Estimated Costs: Dept: Admin Subject: Voluntary 10% Reduction in Water Use District Wide SUMMARY: California has had one of the driest years on record, with eight of the past ten years meeting drought-level conditions. Storage in the Colorado River system has dropped to fifty percent of its total capacity, the California Aqueduct has been restricted by thirty-five percent, the Governor of the State of California proclaimed a statewide drought, and the Orange County Grand Jury investigated solutions for the looming water crisis. The Yorba Linda Water District has the broad authority to enact water conservation rules under the laws of the State of California, and recognizing that the adoption of water conservation measures would assist in avoiding or minimizing the effects of a water shortage in Southern California, as stated in the 2005 Urban Water Management Plan, a resolution must be approved by the Board of Directors for each level of targeted water conservation requested of District customers. DISCUSSION: The 2005 Urban Water Management Plan, approved by the Board of Directors of the Yorba Linda Water District, states four levels of water supply shortage conditions and indicates that if the targeted reduction is not met District wide at each of the four levels, a penalty fee of two, three, or four times the amount of water usage billed will be added, dependant upon the requested conservation level. The first level is a voluntary conservation measure of a targeted ten percent reduction in the usage of water, which is similar to the requested conservation levels of other agencies within Orange County in response to current drought levels. The Orange County Grand Jury recommends in its report that local water agencies set a goal of ten percent voluntary conservation, with the Municipal Water District of Orange County previously enacting a resolution asking every Orange County resident and business to immediately reduce their water usage by ten percent. A draft of Resolution 08-07 was reviewed and approved by the Executive-Admin- Organizational Committee on June 17, 2008. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors has previously enacted Resolution No. 90-13 to adopt general water conservation within the District, without a set goal conservation percentage. Resolution No. 88- 18 and 92-06 were both enacted with a set goal of ten percent water conservation and Resolution No. 91-12 was enacted with a set goal of eighteen percent water conservation. STAFF RECOMMENDATION: That the Board of Directors adopts Resolution 08-07, A Resolution of the Board of Directors of the Yorba Linda Water District Implementing Action Level 1 of the Water Shortage Contingency Plan established by the 2005 Urban Water Management Plan calling for an immediate voluntary ten percent reduction in water use. COMMITTEE RECOMMENDATION: This resolution was reviewed by the Executive-Administrative-Organizational Committee which supports staff's recommendation. RESOLUTION NO. 08-07 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT IMPLEMENTING ACTION LEVEL ONE OF THE WATER SHORTAGE CONTINGENCY PLAN ESTABLISHED BY THE 2005 URBAN WATER MANAGEMENT PLAN WHEREAS, California has had one of the driest years on record, with eight of the past ten years meeting drought-level conditions; and WHEREAS, storage in the Colorado River system has dropped to fifty percent of total capacity; and WHEREAS, the California Aqueduct has been restricted by up to thirty-five percent, due to a federal court ruling to protect the Delta Smelt; and WHEREAS, the Governor of the State of California proclaimed a statewide drought and issued an Executive Order directing the Department of Water Resources to expedite grants impacting water resources in 2008 and 2009, facilitate water transfers in 2008 and to operate a dry year water purchasing program in 2009, to conduct an aggressive water conservation outreach campaign with local agencies, to prioritize drought research, to focus on water shortage contingency portions of local agency Urban Water Management Plans and to oversee the State Water Project operations to alleviate impacts upon San Joaquin Valley agriculture; and WHEREAS, the Orange County Grand Jury investigated solutions to the looming water crisis in California and recommends in its report for local water agencies a goal of ten percent voluntary conservation, a focus on outdoor usage, the development of monthly allocations for each customer and the implementation of conservation-inducing pricing; and WHEREAS, the Metropolitan Water District of Southern California is currently in a "Water Supply Alert" phase and urges implementation of "extraordinary conservation measures", such as conservation pricing, outdoor water restrictions, prohibition of runoff, enhanced rebates, and coordination with the Municipal Water District of Orange County to develop a unified regional message and to accelerate media and outreach campaigns; and WHEREAS, the Municipal Water District of Orange County, the regional imported water provider, has enacted a resolution asking every Orange County resident and business to immediately reduce their water usage by ten percent; and WHEREAS, the Orange County Water District has implemented the "OC Water Hero" public education campaign, urging customers to conserve twenty gallons of water per person, per day; and WHEREAS, the Yorba Linda Water District has broad authority to enact water conservation rules under the laws of the State of California; and WHEREAS, the adoption of water conservation measures would assist in avoiding or minimizing the effects of a water shortage in Southern California; and WHEREAS, the 2005 Urban Water Management Plan, approved by the Board of Directors of the Yorba Linda Water District, states four levels of water supply shortage conditions, the first of which is voluntary conservation measures of a targeted ten percent reduction in the usage of water. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District that all water users immediately adopt a voluntary ten percent reduction in water use. The District is committed to assisting in the education of its customers through the following measures. Section 1: The District will provide posted notices to all hotels requesting guests staying longer than one day reuse towels and bed linens. Section 2: The District will provide table-top notices to all restaurants informing customers that water will be served only if requested. Section 3: The District encourages customers to pursue water conservation measures such as smart controllers, rotating nozzles, high-efficiency nozzles, high-efficiency clothes washers and toilets, SmarTimers and synthetic turf. Rebates for these products may also be available to all residents through the Municipal Water District of Orange County. Section 4: Notices will be sent to all Yorba Linda Water District customers informing them of the voluntary ten percent reduction in water usage. Section 5: Notices will be sent to all Placentia-Yorba Linda Unified School District schools within the Yorba Linda Water District regarding the availability of water education and conservation programs through either the Yorba Linda Water District or the Municipal Water District of Orange County. Section 6: Should the Yorba Linda Water District not receive the requested ten percent voluntary reduction in the usage of water from its customer base or the availability of water become further decreased, a mandatory conservation may be implemented, as established in the 2005 Urban Water Management Plan. PASSED AND ADOPTED this 26th day of June, 2008 by the following called vote: AYES: NOES: ABSENT: ABSTAIN John W. Summerfield, President ATTEST: Michael A. Payne, Secretary ITEM NO. 5 AGENDA REPORT APPROVED BY THE BOARD OF DIRECTORS Board Meeting Date: June 26, 2008 OF THE YORM LINDA WATER DISTRICT JUN 2 6 2",J08 To: Board of Directors From: Ken Vecchiarelli, Assistant General Manager BY Staff Contact: Diane Cyganik, Finance Director Reviewed by General Counsel: N/A Budgeted: N/A Total Budget: N/A Funding Source: CEQA Account No: Job No: Compliance: N/A Estimated Costs: N/A Dept: Bus Subject: Appropriations Limit SUMMARY: In 1977, California voters passed Proposition 13, which limited property tax assessments to 1% of a property's market value and limited assessed value increases to 2% per year. Concurrent with the reduction of property taxes, the voters also passed Proposition 4, the Gann Spending Limitation Initiative, which added Article XIIIB to the California Constitution. Under Article XIIIB, a governmental agency is restricted as to the amount of annual appropriations from the proceeds of taxes except taxes to pay bond debt service. If proceeds of taxes exceed allowed appropriations, the excess must either be refunded to the State Controller, returned to the taxpayers through revised tax rates or revised fees schedules or an excess in one year may be offset against a deficit in the following year. DISCUSSION: The District staff performed the required calculation to determine the limits for fiscal year 2008-2009 in compliance with the terms of Article XIIIB of the California Constitution and Government Code Section 7900. The starting point for computing the Appropriations Limit was the total of Appropriations Subject to Limitation in the Base Year of 1978-1979. The State Department of Finance, Population Research Unit, provides the inflation and population figures each year. The two percentages are multiplied together to determine the final percentage by which the prior year's limit is increased. The Appropriations Limit does not have a maximum limit. If the limit is exceeded, there are no restrictions as to which taxes or fees are lowered only that excess funds should be returned to taxpayers within two years. The Yorba Linda Water District has always been under the Appropriations Limit. The appropriations limit for fiscal year 2008-2009 is $5,148,900. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors adopted Resolution 07-12 on June 28, 2007. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution 08-08 adopting the District's Appropriations Limit for fiscal year 2008-2009. RESOLUTION NO. 08-08 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2008-2009 WHEREAS, under the terms of Article XIIIB of the California Constitution and Government Code Section 7900 et seq., all local agencies are required to establish, by resolution, an appropriation limit for each fiscal year; and, WHEREAS, in June 1990, voters in the State of California approved Proposition 111 which amended Government Code Section 7900 et seq., modified the method of calculating the appropriation limit and requires all local agencies to select, by resolution, the annual adjustment factors used to perform the calculations; and, WHEREAS, the District staff has performed the required calculations to determine the limits for said year in compliance with the above provisions. NOW THEREFORE BE IT RESOLVED that the Board of Directors of the Yorba Linda Water District does hereby resolve, determines and order as follows: Section 1. That there is hereby adopted, pursuant to Article XIIIB of the California Constitution and Government Code Section 7900 et seq., as amended by Proposition 111, an appropriations limit for fiscal year 2008-2009 of $5,148,900. Section 2. The annual adjustment factors are the weighted average percentage change in the population of the cities within the District's jurisdiction, and the percentage change in the California Per Capita Income. PASSED AND ADOPTED this 26th day of June, 2008, by the following called vote: AYES: NOES: ABSENT: ABSTAIN: John W. Summerfield, President ATTEST: Michael A. Payne, Secretary ITEM NO. AGENDA REPORT Board Meeting Date: June 26, 2008 To: Board of Directors From: Ken Vecchiarelli, Assistant General Manager Staff Contact: Scott Moulton, Consultant Reviewed by General Counsel: Yes Budgeted: Funding Source: CEQA Account No: Compliance: Mitigated Neg. Dec. Estimated Costs: APPROVED BY THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT JUN 2 2008 BY N/A Dept: Eng 6 101-2720 Job No: 200620 Subject: Pre-Annexation Agreement with Placentia Yorba Linda Unified School District SUMMARY: Yorba Linda Water District (YLWD) and Placentia Yorba Linda Unified School District (PYLUSD) have negotiated terms and conditions for annexation to YLWD and subsequent water and sewer service to the new Yorba Linda High School. These negotiations have progressed over the past two years, culminating with and memorialized in a Pre-Annexation Agreement (PAA) that is now ready for consideration and execution by both agencies. DISCUSSION: The new Yorba Linda High School is currently under construction by Placentia Yorba Linda Unified School District on 65 acres of land located west of Fairmont Boulevard and south of the new extension of Bastanchury Road. The property lies within the current boundaries of the City of Yorba Linda and within YLWD's sphere of influence. PYLUSD acquired approximately 50 acres of this site from Shapell Industries and this portion of the property was subject to the terms and conditions of the Pre-Annexation Agreement between YLWD and Shapell. The remaining 15 acres was acquired from the North Orange County Community College District (NOCCCD) and had been served by a conditional out-of-service-area agreement with YLWD. To establish service for the new Yorba Linda High School (YLHS), in accordance with the rules and regulations established by the Board of Directors of YLWD, PYLUSD must formally annex to YLWD's service area. An exhibit depicting the project site is attached for reference. YLWD recently submitted an application to the Orange County Local Agency Formation Commission (OC LAFCO) to annex the entire Shapell property to YLWD, including the 50 acres now under construction for the new high school. OC LAFCO has requested that the former NOCCCD property be included in this application to avoid the creation of a small island within the service area. The PAA with PYLUSD establishes the conditions required to achieve this result and would allow YLWD and PYLUSD to proceed with the process of setting standard terms and conditions for water and sewer service to the proposed development. YLWD policy requires proposing developments outside of the YLWD's existing service area to fund and prepare area water and sewer master plans that identify the infrastructure required to meet the demands of the proposed development in accordance with levels of service established by YLWD. The conclusions and system improvements identified in these area master plans as approved by YLWD are incorporated into a Pre-Annexation Agreement. Shapell Industries funded the preparation of both area water and sewer master plans for their proposed new development, which included the option to construct either new residential homes or a new high school on the 50 acre site. These master plans were approved by the Board of Directors on June 22, 2006. Copies of the approved water and sewer master plans are available for review in the office of the General Manager. The infrastructure required to provide for sewer service to the high school has already been provided for by Shapell to meet the proposed needs of a residential development. The school development option did not increase the sewer infrastructure requirements. However, the demands for water service for the high school option did exceed those required for a residential development and the PAA addresses the terms for phasing and financing of these additional facilities. YLWD has agreed to accept infrastructure financing of the major capital facilities over a 9-year period at 4% interest. These terms have been negotiated over the last two years with PYLUSD and include reduction in storage facilities required for fire protection due to the use and approval by Orange County Fire Authority of onsite fire suppression systems (fire sprinklers in the buildings.) PYLUSD has also committed to a 7-day interruption of all irrigation services during planned or emergency water shortages, not just at this new site but at all school sites within YLWD's service area. In addition, PYLUSD has agreed to work cooperatively with YLWD utilizing their phone messaging system to get an alert out in case of a conservation emergency and to spread the word to their students and parents about a Conservation Alert Program (CAP). McCormick, Kidman & Behrens, LLP the District's legal counsel, in cooperation with staff and PYLUSD representatives and their legal counsel have collaboratively prepared the Pre- Annexation Agreement between YLWD and PYLUSD. The PAA establishes requirements to provide for an orderly development of the property and to finance the infrastructure required to meet the demands of these improvements. The PAA follows the pattern established by the executed agreements SWEPI, Pulte and Shapell and incorporates the recommendations in the approved Water and Sewer Master Plan. A major requirement of the PAA is a concurrent annexation to the Orange County Water District so that YLWD can benefit from increased groundwater use and to maintain a uniform water billing rate. A provision is included within the agreement that offsets the higher cost of import water for up to ten years should YLWD and PYLUSD be prevented from annexing the property into the Orange County Water District. Highlights of additional issues proposed within the Agreement are as follows: • PYLUSD shall pay their prorata share of the Allen-McColloch Pipeline (AMP) connection capacity charge. • PYLUSD shall pay their share for upgrades to the Paso Fino Booster Pump Station. • PYLUSD shall pay their share for facilities that provide water capacity in-lieu of a reservoir since the Quarter Horse Reservoir cannot be expanded in a cost effective way. • PYLUSD shall pay water and sewer development fees. The land PYLUSD is proposing to develop has an Environmental Impact Report (EIR) that was certified by the City of Yorba Linda on November 5, 2002. This EIR addresses the YLWD's proposed water and sewer facilities for the project. A supplemental EIR was recently certified by the City of Yorba Linda that addressed the elimination of the high density senior housing element and approval of a reduced density plan for the YLHS. Coordinated construction of water and sewer facilities is required for a project of this size. The PAA establishes the responsibilities and obligations of both parties and addresses capital facilities financing, construction timing and integration of new facilities into the YLWD's existing systems. A copy of the PAA is attached for consideration. PRIOR RELEVANT BOARD ACTION(S): On June 22, 2006, the Board of Directors approved the Water and Sewer Master Plans for the proposed development of Tentative Tract No. 16208 and authorized the President and Secretary to execute the Pre-Annexation Agreement between Yorba Linda Water District and Shapell Industries, Inc. for the development of Tentative Tract No. 16208. The terms of this agreement formed the basis for the PAA with PYLUSD. On May 15, 2008 the Board of Directors approved Resolution 08-03 to initiate proceedings for the annexation of 176 acres of Shapell and PYLUSD property into YLWD. STAFF RECOMMENDATION: Authorize the President and Secretary to execute the Pre-Annexation Agreement between Yorba Linda Water District and Placentia Yorba Linda Unified School District for the new Yorba Linda High School, Job no. 200620. COMMITTEE RECOMMENDATION: These matters have been discussed at various times with the Planning-Engineering-Operations Committee. On May 1, 2008 the committee discussed the final terms of the PAA and supported staff's recommendation to offer a credit towards PYLUSD's capital contribution in the amount of $35,000 as fair consideration for the easement across YLHS for the 36-inch water transmission main currently under construction. PROP j I O / � 3e i H $s�ES 97.,HMT W l Q A lk-left $ M Plp'e" mm II I • BASTANCHURY I I I I PROPOSED 18" 1 I I TRANSMISSION MAIN BY YLWD&S&S _ i. (ZONE 3) �� / \\ /� ---�-� 1p0p PROPOSED 15 FT. WATER EASEMENT FROM P.Y.U.S.D. Lw, EXISTING 27" I I I I \ \ TRANSMISSION MAIN PROPOSED WATER LOOP \ I i I I PIPE LINES TO BE m\ (ZONE 3) DEDICATED TO YLWD Ai L L- —--���o..,E...., -- �\ ----�—-- ca HIGH SCHOOL BOUNDARY HIGH SCHOOL SITE • EXISTING 39"TRANSMISSION MAI I I (ZONE 4 BCF) mmmmmmmm I EXISTING 39"TRANSMISSION MAIN r 500 FT.OF PIPE APPROX. (ZONE 4 BRYANT CROSS FEEDER) I i I TO BE RELOCATED �d I I ♦ a' EXISTING 12"TRANSMISSION MAIN \ (Above Ground) (ZONE 3:To be Abandoned&Removed) r iFP 1 PREPARED BY: SCALE: ELYORBA LINDA WATER DISTRICT N.T.S. 4622 PLUMOSA DRIVE WATER MAINS NEAR YORBA LINDA HIGH SCHOOL DATE: w12-14-2007 YORBA LINDA,CALIFORNIA 92886 FILENAME: (714)777-3748 SUMMARY YLHS Capital Cost for Water and Sewer Facilities PYLUSD PAA DEAL POINTS Description Amount Sub-Total Terms Administrative: Legal Fee Deposit $25,000 Paid Allen McCulloch Pipeline Capacity $67,000 Pay upon PAA $92,000 Capital Improvements: Paso Fino Booster Pump Capacity $50,000 Pay upon PAA Net Reservoir After Adjustments $675,000 10%Down&Nine Annual Pymts @ 4%_$81,704/yr OCWD Water Usage Estimate for 10 Years $550,000 Annual Invoice based on use and cost approx.$55,000/yr $1,225,000 Water Development Fees: Admin Fee $2,742 Pay upon PAA Records and Billing Fee $2,980 Pay upon PAA Plan Check Fee $4,580 Pay upon PAA Inspection Fee $10,440 Pay upon PAA Meter Fee $27,000 Pay upon PAA $47,742 Pay upon PAA Sewer Development Fees: Service Fee $83,996 Pay upon PAA Frontage Fee $35,958 Pay upon PAA Admin Fee $958 Pay upon PAA Records and Billing Fee $248 Pay upon PAA Plan Check Fee $95 Pay upon PAA Inspection Fee $629 Pay upon PAA $121,884 Pay upon PAA Easement Fee Credit: ($35,000) Pay upon PAA ($35,000) Final Total 1 $1,451,626 PRE-ANNEXATION AGREEMENT BETWEEN YORBA LINDA WATER DISTRICT AND PLACENTIA YORBA LINDA UNIFIED SCHOOL DISTRICT THIS AGREEMENT, dated , is by and between YORBA LINDA WATER DISTRICT, a local public agency, created and operating under authority of Division 12 of the California Water Code ("YLWD" herein), and PLACENTIA YORBA LINDA UNIFIED SCHOOL DISTRICT ("PYLUSD" herein), (YLWD and PYLUSD are sometimes individually referred to herein as a "Party" and collectively as "Parties"). RECITALS A. PYLUSD owns approximately 65 acres of land located near the northern boundary of YLWD, west of Fairmont Boulevard, approximately 50 acres of which land was recently acquired from Shapell Industries, Inc. ("Shapell") and subject to the terms of a Pre-Annexation Agreement between YLWD and Shapell dated July 25, 2006 and recorded August 7, 2006 as Document No. 2006000525185 of Official Records of Orange County (all 65 acres of land "Subject Property" herein). The Subject Property is described in the legal description attached hereto and marked as Exhibit "A", which is incorporated herein by this reference. The location of the Subject Property is shown in the diagram attached hereto and marked as Exhibit "B", which is incorporated herein by this reference. B. YLWD provides retail municipal water and sewer service to land within its boundaries. PYLUSD wishes to develop the Subject Property for public high school use including a campus, sports and practice fields and a joint use park ("Project" herein). To accomplish this purpose, the Parties intend that the Subject Property be annexed to YLWD and to the Orange County Water District ("OCWD" herein). C. YLWD has previously approved water and sewer master plans for water and sewer facilities necessary to serve the Subject Property ("Master Plans" herein). These Master Plans are set forth in Exhibits "C" and "D", attached hereto and incorporated herein by this reference. D. PYLUSD intends by this Agreement to provide access to water and sewer service through YLWD for the benefit of the Subject Property. Subject to the terms and conditions of this Agreement, PYLUSD and YLWD, wish to provide for the orderly and timely development of water and sewer facilities to serve the Subject Property. AGREEMENT NOW, THEREFORE, in consideration of the premises set forth in the Recitals and the mutual promises and covenants set forth below, the Parties enter into this Agreement, which touches and affects the title to the Subject Property, as follows: SECTION 1. ANNEXATION 1.1 Annexation Process YLWD shall take all necessary steps to initiate and pursue to completion the annexation of the Subject Property to YLWD and OCWD according to the Cortese-Knox-Hertzberg Local Government Reorganization Act (Government Code Sections 56000 et seq.). PYLUSD shall cooperate with YLWD to assist it in its efforts under this Section I.I. PYLUSD shall obtain a boundary description for the Subject Property through the Orange County surveyor. All filings fees related to the annexations shall be paid by PYLUSD. 1.2 Annexation Costs of Annexation to YLWD PYLUSD is exempt from paying an "Annexation Charge" to YLWD for annexation into YLWD. All filings fees related to the annexation shall be paid by PYLUSD. 1.3 Annexation Costs of Annexation to OCWD 1.3.1. OCWD Annexation Costs. PYLUSD shall pay all costs otherwise chargeable to YLWD associated with annexation of the Subject Property to OCWD with the exception of the periodic Basin Equity Assessments levied by OCWD and the annexation fee paid by YLWD to OCWD in lieu of property taxes according to OCWD's standard annexation policy and agreement. 1.3.2. Impossibility of Concurrent OCWD Annexation. The Parties acknowledge it is YLWD's policy to provide a uniform "postage stamp rate" throughout its service area and to require that all property serviced by it annex into the OCWD to allow YLWD to maximize a blend of generally less expensive ground water sources with more expensive water imported through the Metropolitan Water District of Southern California system. As set forth in Recital B, the Parties intend that the Subject Property be annexed into OCWD. In the event that circumstances outside the control of YLWD and PYLUSD render concurrent annexation legally or administratively impossible at the time PYLUSD applies for annexation into YLWD, then YLWD shall continue with annexation proceedings of the Subject Property into YLWD. In the event that concurrent annexation is impossible, then the provisions in Sections 1.3.3 thru 1.3.4 below shall be used. 1.3.3. PYLUSD's Duties Under Non-Concurrent Annexation. YLWD and PYLUSD shall continue to pursue annexation into OCWD. Any delay in completing annexation into OCWD shall not relieve PYLUSD of its responsibilities to pay or assure the charges for such annexation or otherwise complete the environmental analysis and provide indemnity for the adequacy thereof as set forth in Sections 6 and 7, respectively. 1.3.4. Annual Accounting. PYLUSD agrees to pay to YLWD YLWD's actual variable costs to provide water to the Subject Property attributable to non-concurrent annexation into OCWD. Such costs shall be calculated on annual basis, with the first calculation taking place on the one year 2 anniversary of the execution of this Agreement by both Parties. Upon YLWD's calculation of the actual costs attributable to the prior year, YLWD shall send an invoice to PYLUSD requesting payment. PYLUSD shall pay to YLWD the amount requested in the invoice within thirty days' (30) receipt of the invoice. PYLUSD shall be liable for these variable costs until annexation of the Subject Property to OCWD has been accomplished or for a period of ten (10) years after the execution of this Agreement by both Parties, whichever occurs first. SECTION 2 FACILITIES/PAYMENTS REQUIRED BY PYLUSD 2.1 Reservoir YLWD and PYLUSD acknowledge that the Quarter Horse Reservoir Expansion at 3.52 million gallons does not contain sufficient water storage for the Project on the Subject Property. If the Project is constructed to completion, the reservoir will require an additional 930,000 gallons of water storage. PYLUSD has established that the Orange County Fire Authority has agreed to drop the fire flow requirements by 180,000 gallons due to the use of fire sprinklers in all buildings for the Project. In addition, PYLUSD agrees to undertake the actions set forth in Section 5.1 below to further lower the additional storage requirement to 450,000 gallons. Therefore, PYLUSD agrees to fund additional YLWD improvement equal to the cost of constructing an additional 450,000 gallons of reservoir storage. The cost for this additional water storage is presently expected to be approximately $1.50 per gallon, resulting in a total approximate cost of Six Hundred and Seventy Five Thousand dollars ($675,000). PYLUSD shall pay YLWD Six Hundred and Seventy Five Thousand dollars ($675,000) over a nine (9)-year period at an annual interest rate of four percent (4%) on the unpaid balance. In order to fulfill this obligation, PYLUSD shall, within thirty (30) day of execution of this Agreement by both Parties, pay YLWD the amount of Thirty Two Thousand Five Hundred dollars ($32,500)(calculated as ten percent of the initial principal of $675,000 less an Easement Credit of $35,000). PYLUSD shall then make nine (9) equal payments of Eighty One Thousand Seven Hundred Four dollars ($81,704), with the first annual payment due upon the first anniversary of the execution of the Agreement by both Parties. The projected Payment Schedule for Reservoir Expansion fees is attached hereto as Exhibit "E". PYLUSD may pay off the remaining balance at any time during the term of the schedule without penalty. Appropriate interest amount would be calculated from the date of last payment on the outstanding balance at a rate of 4% per annum. 2.2 Increased Booster Station Capacity Pursuant to the Water Master Plan, Exhibit "C", the Project will require an increase in the pumping capacity of the Paso Fino Booster Station from 1,409 gallons per minute ("gpm") to 1,713 gpm. PYLUSD shall pay YLWD the sum of Fifty Thousand dollars ($50,000) upon execution of the Agreement by YLWD and PYLUSD. YLWD shall use the payment required by this Section 2.2 to add 304 gpm of pumping capacity to the Paso Fino Booster Station. 2.3 Increased Pipeline Capacity YLWD's current capacity in the Allen-McColloch Pipeline ("AMP") is currently allocated to 3 YLWD's existing customers. YLWD may not use any of its current capacity in the AMP for the development of water and sewer facilities to serve the Subject Property. Accordingly, PYLUSD must purchase an additional 1 cubic feet per second ("cfs") capacity in the AMP at a price determined by the formula stated in the document dated February 3, 1995 and entitled "Reallocated Adjusted Capacities for Purposes of Agreement for Allocation of Proceeds for Sale of Allen McColloch Pipeline", attached hereto as Exhibit "F", which is incorporated herein by this reference. PYLUSD shall pay the sum required for the additional pipeline capacity upon execution of this Agreement by both Parties, which sum ("Increased Pipeline Payment") shall be calculated using the aforementioned formula as of the date of execution of the Agreement by both Parties. PYLUSD shall pay the Increased Pipeline Payment to YLWD for 1 cfs of additional AMP capacity according to Exhibit F due on execution of this agreement. SECTION 3 PIPELINE INSTALLATION AND RIGHTS OF WAY In order to serve the Subject Property, YLWD shall install, at an expense shared by YLWD and Shapell, a 36" transmission water pipeline through the northeast portion of the Subject Property as depicted in Exhibit "G" attached hereto and incorporated herein by this reference. In order to install and maintain the pipeline, YLWD requires easements from PYLUSD. Therefore, PYLUSD shall grant YLWD a temporary easement, in the form attached hereto as Exhibit "H," over the Subject Property in order to allow YLWD to install the pipeline. PYLUSD shall also grant a permanent easement and right of way, in the form attached hereto as Exhibit "I," to YLWD for the pipeline allowing YLWD to access the pipeline for its activities including, but not limited to, maintenance, inspection, repair and removal. In addition, YLWD shall relocate, at its sole expense, approximately 500 feet of its existing 39" transmission water pipeline located along the south border of the Subject Property as depicted in Exhibit "G" attached hereto. The exact location of the relocated pipeline shall be determined through consultation between YLWD and PYLUSD after execution of this Agreement by both Parties. Upon a determination of the exact location of the relocated pipeline, PYLUSD shall grant YLWD a temporary easement, in a form acceptable to YLWD, over the Subject Property in order to allow YLWD to install the relocated pipeline. In addition, PYLUSD shall grant YLWD a permanent easement and right of way, in a form acceptable to YLWD, for the relocated pipeline allowing YLWD to access the relocated pipeline for its activities including, but not limited to, maintenance, inspection, repair and removal. After the pipeline has been relocated as provided herein, YLWD shall, at its sole expense, abandon in place the portion of its 39" transmission pipeline that will be unnecessary for its purposes due to the installation of the relocated pipeline and then shall quit claim the right of way of the abandoned pipeline. SECTION 4 CONSTRUCTION AND DEDICATION OF ONSITE SYSTEM PYLUSD shall construct a loop system ("System") at the Project site as shown in Exhibit "G," attached hereto and incorporated herein by this reference. The System shall be dedicated to YLWD. The terms and conditions of PYLUSD's construction and dedication of the System shall be undertaken according to YLWD's standard terms and conditions of general application for water service, including, but not limited to, easement and rights of way requirements. SECTION 5 PERPETUAL CONSERVATION COMMITMENT 5.1 Conservation Commitment 4 In order to lower the Project's required storage capacity at the Quarter Horse Reservoir from 750,000 gallons to 450,000 as set forth in Section 2.1 above, PYLUSD hereby makes to YLWD perpetual conservation commitment ("Commitment"). Promptly after execution of this Agreement by both Parties, PYLUSD and YLWD shall collaborate in establishing a large water user data base for use by YLWD and PYLUSD pursuant to this Section 5.1. Pursuant to the Commitment, at the request of YLWD, during a planned or emergency water supply or delivery interruption ("Water Service Interruption" herein), the Parties shall: a) After a determination of a Water Service Interruption by YLWD's General Manager, YLWD shall send notice of the Water Service Interruption ("Notice of Water Service Interruption") to PYLUSD pursuant to the notice provisions herein. The Notice of Water Service Interruption shall inform PYLUSD that it must, upon receipt of the notice, and for a period of seven (7) days thereafter, cease all watering of landscape and turf areas at its high school campus and all other PYLUSD school campuses located in the YLWD service area; and b) Immediately upon PYLUSD's receipt of the Notice of Water Service Interruption, YLWD and PYLUSD shall meet and confer to develop a message to be transmitted via PYLUSD's mass communication resources (PACE Messaging) notifying the households of all PYLUSD students that a Water Service Interruption exists and suggesting conservation measures. PYLSUD shall send the message to the households of all PYLUSD students only after written approval of the message by YLWD. 5.2 Compliance with YLWD Regulations PYLUSD's Commitment set forth in Section 5.1 shall be in addition to, and separate and apart from, PYLUSD's duty to comply with any and all YLWD rules, regulations and emergency provisions that may be generally applicable to YLWD customers similarly situated to PYLUSD's Project, including, but not limited to, any declaration of a water shortage emergency condition pursuant to California Water Code §350. SECTION 6 ENVIRONMENTAL REVIEW PYLUSD understands and agrees that, as a condition of annexation to YLWD and OCWD, YLWD will be required to comply with the California Environmental Quality Act ("CEQA"). To the furthest extent legally possible, YLWD will rely on CEQA documentation prepared by others. PYLUSD shall pay all costs to comply with all environmental laws, including, but not limited to, CEQA, which may arise under this Agreement. These costs shall include, but not be limited to, the preparation of all environmental impact assessments, statements and reports prepared by a qualified environmental consultant reasonably approved by YLWD. PYLUSD's CEQA responsibilities provided herein are limited to the impacts from the Subject Property and PYLUSD's Project only, including cumulative effects thereof, as defined in CEQA. SECTION 7 INDEMNIFICATION 7.1 Duty to Defend Indemnify and Hold Harmless. PYLUSD agrees, to the fullest extent permitted by law, to fully defend, indemnify and hold harmless YLWD and its officers, directors, employees, agents and successors and assigns, from and against any and all claims, 5 liabilities, causes of action, damages or expenses arising out of any action, whether legal or administrative, instituted by a third party to challenge the validity of this Agreement, or any actions arising under or required by this Agreement, including, but not limited to, a challenge based on CEQA compliance. In addition, to the fullest extent permitted by law, PYLUSD shall fully defend, indemnify and hold harmless YLWD from any and all liabilities, forfeitures or penalties arising from PYLUSD's violation of any federal, state or local statute, rule or regulation pertaining to environmental protection. PYLUSD shall promptly defend YLWD at its own cost, including payment of all attorneys' fees, costs and litigation expenses. PYLUSD shall promptly pay any judgment, settlement, award, decree, fine or penalty assessed against YLWD at its own cost. PYLUSD shall also reimburse YLWD for any and all legal expenses and costs incurred in enforcing the defense. The duty to defend, indemnify and hold harmless provided herein shall survive the termination or end of this Agreement. 7.2 Costs and Payment. With respect to the obligations undertaken in this Section 7, to the fullest extent permitted by law, PYLUSD shall promptly defend YLWD at PYLUSD's own cost, including payment of all attorneys' fees, costs and litigation expenses. In addition, with respect to the obligations undertaken in this Section 7, to the fullest extent permitted by law, PYLUSD shall promptly pay any judgment, settlement, award, decree, fine or penalty assessed against YLWD at PYLUSD's own cost; provided, however, that PYLUSD's duty to indemnify and defend YLWD under this Section 7 shall not include any duty to indemnify for claims or liability attributable to the active negligence or willful misconduct of YLWD, its agents, officers, or employees. SECTION 8. GENERAL PROVISIONS 8.1. Term This Agreement shall be operable for ten years from the date of its execution. YLWD and PYLUSD will negotiate in good faith thereafter to make necessary changes, to conform this Agreement to then existing YLWD standards of general applicability. 8.2. Recordation This Agreement shall be recorded with the Orange County Recorder's Office, excepting therefrom Exhibits "C" and "D", the Master Plans. 8.3. Construction This Agreement shall be governed by the laws of the State of California and construed according to its plain meaning as if drafted by both PYLUSD and YLWD. 8.4. Integration No oral order, objection, claim or notice by any party to this Agreement shall affect or modify any of the terms or obligations contained herein except by a waiver or modification thereof in writing and signed by the authorized representative of YLWD or PYLUSD. 8.5. Amendment Except as otherwise provided in this Agreement, this Agreement may be amended only in writing which must be executed by each Party or its successor. 6 8.6. Successors and Assigns 8.6.1 All of the terms, conditions and provisions of this Agreement shall inure to the benefit of and be binding upon YLWD, PYLUSD, and their respective successors and assigns. Neither Party may assign its rights or delegate its obligations or duties hereunder, in whole or in part, without the express written consent of the other Party, which consent shall not be unreasonably withheld, based upon reasonable demonstration of the assignee's capacity to carry out the obligations assigned. 8.6.2 All of the obligations imposed on PYLUSD under this Agreement are obligations that touch and concern the land and shall run with the land. 8.7 Notice Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours after deposit of same in any United States Post Office, registered or certified, postage prepaid, addressed as follows: PLACENTIA-YORBA LINDA UNIFIED SCHOOL DISTRICT Attn: Superintendent 1301 E. Orangethorpe Ave, Placentia, CA 92780 YORBA LINDA WATER DISTRICT Attn: General Manager P.O. Box 309, Yorba Linda, California 92885-0309 Each Party can change its address for delivery of notice by delivering written notice of such change of address to the other party within twenty (20) days of such change. 8.8. Binding Arbitration Within thirty-six (36) days after service upon PYLUSD or YLWD of a civil action by the other Party, the Party served with the action may elect to submit this matter to binding arbitration before the Judicial Arbitration and Mediation Services (JAMS), located in Orange County. Upon submission of the matter to JAMS, it shall be the obligation of the Party electing arbitration to obtain from JAMS a list of three randomly selected arbitrators familiar with construction law and to serve said list upon the other Party. In the event that there are more than two parties to the action, the number of arbitrators randomly selected and included in the list shall be increased by two for each additional party involved. Upon service of the randomly selected list of JAMS arbitrators, each Party shall have twenty (20) days to eliminate two arbitrators from the list and return the list to the JAMS office. The arbitrator selected for the arbitration shall be the remaining name on the list. Should more than one name remain on the list, the JAMS office will randomly select from the names remaining on the list which individual will serve as arbitrator. Arbitration shall be scheduled for hearing on the merits no later than six (6) months after the date the arbitrator is selected. All parties shall be permitted to conduct discovery as provided by the current rules contained in the California Code of Civil Procedure. All costs of JAMS or of the arbitrator for services shall be divided equally among the Parties, unless otherwise ordered by the arbitrator. In an arbitration to resolve a dispute under this provision, the arbitration award shall be supported by law and substantial 7 evidence. 8.9 Attorney's Fees The prevailing party in any action or proceeding brought to enforce any provision in this Agreement shall be entitled to recover its reasonable attorneys' fees, costs, and expenses in connection with such action or proceeding from the other party. 8 8.10. Counterparts This Agreement and any document required to be executed by the Parties hereunder may be executed in several counterparts, each of which shall be deemed and all of which shall together constitute, one and the same agreement or document. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first herein above written. YORBA LINDA WATER DISTRICT, a local public agency By: Name: Paul R. Armstrong Title: President Date: By: Name: Michael A. Payne Title: Secretary Date: AS TO FORM: By: McCormick, Kidman & Behrens, LLP By Arthur G. Kidman General Counsel Date: PLACENTIA YORBA LINDA UNIFIED SCHOOL DISTRICT, a local public agency By: Name: Dennis M. Smith, Ed.D. Title: Superintendent Date: By: Legal Counsel to PYLUSD Date 9 EXHIBIT A - LEGAL DESCRIPTION OF PARCEL 1 LEGAL DESCRIPTION OF PROPEM PARCEL 1: In the City of Yorba Linda, County of Orange, State of California, being a portion of Section 23, Township 3 South, Range 9 West, San Bernardino Meridian, as shown on a Record of Survey filed in Book 74, Page 37, of Records of Survey in the office of the County Recorder of said County, described as follows: Revised: April 20, 2006 February 20, 2006 W.O.22-1620&X Page 1 of 2 H.t.A l..eaai No. 6638 Prepared by 1. Unlejas Chedmd by R. Wdhamt/jl r f EXHIBIT A - LEGAL DESCRIPTION OF PARCEL 1 PAGE 2 As shown on Exhibit "B" attached hereto and by this reference made a part hereof. Revised: Apn7 20, 2006 February 20,2006 W.O.22-16208X Pale 2 2 HdcA I..egal No. 6638 Prcparcd by J. Unteim Cbecked by R. Wi3lin 061 EXHIBIT A - LEGAL DESCRIPTION OF PARCEL 2 THE SURFACE AND '500.00 FEET OF THE SUBSURFACE VERTICALLY IN DEPTH BELOW THE SURFACE OF THAT PORTION OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 9 WEST, OF THE SAN BERNARDINO MERIDIAN, IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO AN OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, FEBRUARY 17, 1868, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT DISTANCE SOUTH 0' 40' 50" WEST 43.74 FEET FROM THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO THE CITY OF YORBA LINDA, RECORDED AUGUST 19, 1986 AS INSTRUMENT NO. 86-370190 OF SAID OFFICIAL .RECORDS; THENCE NORTH 89*03'32" WEST 316.09 FEET; THENCE NORTH 40' 17' 02" WEST 132.72 FEET; THENCE NORTH 75' '1641" WEST 562.42 FEET; THENCE SOUTH 68' 11' 35" WEST 227.99 FEET; THENCE SOUTH 22'48'09" WEST 470.70 FEET; THENCE SOUTH 0' 38'37" EAST 79.13 FEET; THENCE SOUTH 87'15'26" EAST 534.68 FEET; THENCE NORTH 86' 25,28" EAST 46.41 FEET; THENCE NORTH 88' 20'44" EAST 63.59 FEET; THENCE SOUTH 53 ' 49'46" EAST 92.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE ' . NORTHEASTERNLY HAVING A RADIUS OF 375.00 FEET; THENCE SOUTHEASTERLY 208.24 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31 ' 49' 02"; THENCE TANGENT FROM SAID CURVE, SOUTH 85 ' 38' 48" EAST,85.19 FEET TO THE BEGINNING OF, A TANGENT CURVE SOUTHERLY HAVING A RADIUS OF 150.00 FEET; THENCE EASTERLY 51.75 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19' 45'54"; THENCE TANGENT FROM SAID CURVE, SOUTH 65' 52'54" EAST 30.00 FEET TO THE BEGINNING OF A TANGE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 80-00 FEET; THENCE SOUTEASTERLY 33.99 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGEL OF 24' 20' 31';THENCE NON-TANGENT FROM SAID CURVE, SOUTH 68' 12'45" EAST 52.20TEET; THENCE SOUTH 21 ' 06' 13" EAST 113.35 FEET TO A POINT ON THE WESTERLY LINE OF THAT PORTION AS DESCRIBED IN THE DEED TO BEVERLY GLENWOOD CORPORATION IN DEED RECORDED NOVEMBER 19, 1971 IN BOOK 9893, PAGE 877 OF SAID OFFICIAL RECORDS, SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 61' 19' 02' THENCE NORTHERLY 586.48 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28' 00'08" AND ALONG SAID WESTERLY LINE; THENCE NORTH 0' 40' 50" EAST 110.07 FEET TO THE POINT OF BEGINNING. EXCEPT ALL OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND OTHER MINERALS, WHE'T'HER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM SAID PROPERTY 500.00 FEET IN DEPTH; PROVIDED, HOWEVER, THAT THE SURFACE OF SAID PROPERTY SHALL NEVER BE USED FOR THE EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE OF SAID OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBONS AND OTHER, MINERALS, AS RESERVED IN THE DEED FROM STANDARD OIL COMPANY OF CALIFORNIA, A DELAWARE CORPORATION, BY DEED RECORDED JANUARY 15, 1964 IN BOOK 6883, PAGE 926 OF OFFICIAL RECORDS. EXHIBIT S - MAP DEPICTION OF PARCEL 1 AND PARCEL 2 SOUTH LINE OF TRACT NO. 16913 SEE DETAIL HEREON % 6'20'W' ~ cx S74' 3 3 ~ p L=216 439 587.4{ '~`E ua; d v cr N 0l1 E L3.24` 570.00' 417. Cb /1.12 P= 7542- 00, o : A H A- 14'30'00" a j Vl S62 L1 ~ z+ + a ~ c,6$ ~Z N7g+18 Q "t as ~ ~ -1113 , OF S-i ' PARCEL ! :r • St~'38'01'E 79.53' EA STERLY BOUNDARY OF PARCEL 38, ~tE TRQPt1LITAN WATER DISTRICT OF SOUTHERN ti S'r N l t3u= :33 PARCEL 2 S87.14'50'E 1--L6 ! 534.41 ' . L7 '~to ti ~c .E_ c~ LINE TABLE I LINE I BEARING LENGTH Li 1 S2140537*-; 41.41' L2 I S68'12 U9"-- 52.20' L3 I S65'52'18"E 30.00' L4 I S85'38'12"E 8x.19' L5 I SS3.49'1WE 92.95' L6 I N88*21'20"E &3.59' L7 I N86'26'O4'E 46.41' L8 I, N40'16'26'W 132.72' L4 C N89.02'55'W '286.09' L10 SOO'41'26•W 184.59' L11 S44.18`34E 38.18' L12 S89.18'34'E 84.13' •SS ~y:* ~ ~1 ' S P r C4 1 31'49'02' 4 375.00' 208.24' C5 I 6'38'34' 11542 00' 178.77 HUNSAKER. & ASSOCIATES EXHIBIT MI R Y I H E , ! N C 't~YNING ■ Q 1NG ■ StlA CITY OF YORBA LINDA COUNTY OF ORAN6I~ STATE OF CALIFORNIA rte., CA vzc+a • rrt 60 sss~tano • M bMI SOVA sa~•ara nr.. . 02--20-061 e 4-20-06 1 air T, W a ° J. STABLEIN SCALE.' 1'=, 400' W.O. 0022.18208X ~{f I:\YLColieae` ld~ 6638\,SHT01-AFI=IDAVIT.dwo H&A LEGAL No 6r3M SHEET 1 OF 1 # " 589'110 00"E EXHIBIT E - RESERVOIR CAPITAL PAYMENT SCHEDULE Payment Schedule for Reservoir Capital Improvements Pymnt # Payment Principal Interest Cumulative Cumulative Principal Amount Principal Interest Balance 1 81,704.00 57,404.49 24,300.00 57,404.49 24,300.00 550,095.51 2 ' 81,704.00 59,700.67 22,003.82 _117,105.16 46,303.82 490,394.84 - 3 81,704.00 62,088.70- 19,615.79 - 179,193.86 65,919.61 428,306.14 4 81,704.00 _ 64,572.24 17,132.25 243,766.10 83,051.86 363,733.90 5 81,704.00 67,155.13 14,549.36 _ -310,912.23 97,601.22 296,578.77 6 81,704.00 - 69,841.34 11,863.15- 380,762.57 109,464.37- 226,737.43 1 7 81,704.00 - 72,634.99 9,069.50 453,397.56 118,533.87 154,102.44 8 _ 81,704.00 - 75,540.39 6,164.10 - 528,937.95 124,697.97 78,562.05 9 *81,708.45 78,562.05 3,142.48 607,500.00 127,840.45 - * The final payment has been adjusted to account for payments having b een rounded to the nearest cent. _ Payments shall be made by PYLUSD to YLWD on the anniversary date of the execution of the Agreement by both Parties. - PYLUSD may pay off the remaining balance at any time during the term of the schedule without penalty. Appropriate interest amount would be calculated from the date of last payment on the outstanding balance at a rate of 4% per annum. EXHIBIT F - COST OF PIPELINE CAPACITY Exhibit B Reallocated Adjusted Capacities for Purposes of Agreement for Allocation of Proceeds for Sale of Allen McColloch Pipeline D1 D2 D3 D4 D5 D6 SMS3 $4A S413 S5 S6A S15B Wv4D 30.04 CFS -Foot S6c Percent 0.72% 2.14% 273% ANAHEIM 28.72 28.72 0.00 0.00 1.50% 5.57% 9.91% 10.00 24.65% ORANGE 2274 22.74 22.74 6.00 1.12% 1.37% 3.00% SCWD 5.96 5.96 5.98 5.98 TIC 0.00 0.00 0.00 0.00 Ep(VVD 9.57 9.57 957 9.57 9.57 IRWD 29.68 29.68 29.68 29.68 14.68 14.68 14.68 14.68 14.68 LAWD 35.01 35.01 35.01 35.01 35.01 35.01 35.01 35.01 35.01 35.01 10.00 MNWtD 8377 83.77 83.77 83.77 83.77 83.77 83.77 83.77 83.77 83.77 30.00 ETWD 26.33 26.33 26.33 26.33 26.33 26.33 26.33 26.33 26.33 26.33 11.00 SMWD 124.46 124.46 124.46 124.46 124.46 124.46 124.45 124.46 124.46 124.46 50.00 iRABUCO 4.01 4.01 4.01 4.01 4.01 4.01 4.01 4.01 4.01 4.01 CAPO 4.91 4.91 4.91 4.91 4.91 4.91 4.91 4.91 4.91 4.91 DDASTAL 1077 1077 10.77 10.77 10.77 1077 10.77 10.77 10.77 1077 TOTAL 416.0 386.0 3572 340.5 313.5 303.9 303.9 303.9 303.9 289.3 101.() 1993 RCLD 37 106 164 195 206 211 243 276 314 331 365 �1.000's per CFS (1) Agreed upon re ted adjusted capacities in the AMP. ;2) RCLD - Re t cost Less Depreciation as of July 1993 forcaDwkV#vuugh react indicated. ,3) CFS -Foot t based an Exhibit B capacities for reaches D1 - S4 37 (5oo " /&F!5 ,J J L) L-Y lli `i3 9 °j01 P6f', y&44z Iferz 1!5- 67, 000 PFD- 91.0 416 71.0 100.00% 440 AMP CFS -Foot S6c Percent 0.72% 2.14% 273% 0.86% 0.00% 1.50% 5.57% 9.91% 10.00 24.65% 11.00 8.25% 50.00 38.17% 1.12% 1.37% 3.00% 71.0 100.00% 440 EXHIBIT G - YLHS SITE AND PIPELINES i I 40p0 I QOtiEgY CWT"TR4N\,. \` ,s�J sp TrNG s�• r—\\ I / 4 S&g MISS/OH ` `` FASEIyFNTwo PrPFtrNF I ' I • BASTANCHVOW • I I I I PROPOSED 18" I TRANSMISSION MAIN i� -'� '`� i� Rogp � I / BY YLWD&S&S Al / (ZONE 3) e PROPOSED 15 FT. t ) WATER EASEMENT FROM P.Y.U.S.D. L -•� • I ensr.cs ea NAM ii I \ \ �> • ' EXISTING 27" I PROPOSED WATER LOOP\ \ TRANSMISSION MAIN I \ •� ZONE 3 � I I I I PIPE LINES TO BE 1�;_ , =a'� ) L I L�—__ M�,o,,,,,,, __ DEDICATED TO YLWD -----_�_ — �7 HIGH SCHOOL BOUNDARY HIGH SCHOOL SITE • EXISTING 39"TRANSMISSION MAI 11 (ZONE 4 BCF) I EXISTING 39"TRANSMISSION MAIN 4w 4 APPRO 500 FT.OF PIPE ?� (ZONE BRYANT CROSS FEEDER) X. III TO BE RELOCATED i � I EXISTING 12"TRANSMISSION MAIN • �°�\\ � (Above Ground) (ZONE 3:To be Abandoned&Removed) N I II I i PREPARED BY: SCALE: ELYORBA LINDA WATER DISTRICT N.T.S. 4622 PLUMOSA DRIVE WATER MAINS NEAR YORBA LINDA HIGH SCHOOL DATE: YORBA LINDA,CALIFORNIA 92886 12-14-2007 (714)777-3748 FILENAME: ITEM NO. 7 AGENDA REPORT Board Meeting Date: June 26, 2008 APPROVED BY THE BOARD OF DIRECTORS To: Board of Directors OFTHEYORBA LINDAWATER DISTRICT From: Ken Vecchiarelli, Assistant General Manager JUN 2 6 008 Staff Contact: Cindy Mejia, Management Analyst BY Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 10,680 Funding Source: Water Operating Fund CEQA Account No: 124580 Job No: Compliance: N/A Estimated Costs: $ 2,500 Dept: Admin Subject: 2008 Consumer Confidence Report SUMMARY: Federal and state law requires that each community water system prepare and distribute to their consumers an annual report on the quality of the water served throughout the year. California State Health and Safety Code Sections 116350 and 116375 are cited as authority for this requirement. DISCUSSION: The Yorba Linda Water District 2008 Consumer Confidence Report contains information and water quality data on imported water obtained from the Metropolitan Water District of Southern California and on groundwater produced by YLWD production wells from the Orange County groundwater basin. The report also lists possible contaminants and offers advice to special risk populations such as persons with weakened immune systems, pregnant women and families with new born babies and young infants. The District has prepared an annual water quality report for the past 19 years and distributed these reports to all water customers and consumers by service account. Additional copies are distributed to master-metered apartment and condominium complexes within the District's service area. Copies of the report are also made available at various public events, at the District and other public agency offices and on the District's website. This year the Yorba Linda Water District will work with InfoSend, our current water bill mailer, to print and mail the 2008 Consumer Confidence Report. This report will be printed as a pamphlet and placed in the customers' water bills. This approach will substantially reduce mailing costs, since no additional postage is required to include the report in with the water bills. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors has reviewed and approved the Consumer Confidence Report annually since 1989. STAFF RECOMMENDATION: That the Board of Directors approves the 2008 Consumer Confidence Report for distribution to all District customers. Yorba Linda Water District 2008 Consumer Confidence Report Esta informacion es importante. Por favor pidale a alguien que se la traduzea. (This information is important. Please have someone translate it for you.) Water System Information Yorba Linda Water District is an independent special district that provides water and sewer service to most of the City of Yorba Linda and to portions of Anaheim, Brea, Placentia and unincorporated Orange County. For more information about the District or your water service, please call Public Information Officer Cindy Mejia, at 714 701-3024 or Water Quality Engineer Leon de los Reyes at 714-701-3115. The Yorba Linda Water District Board of Directors' regularly scheduled meetings are held on the second and fourth Thursday of each month at 8:30 a.m. in the District boardroom located at 1717 E. Miraloma Avenue, Placentia, California 92870. This Consumer Confidence Report covers water quality data collected during the period from January to December 2007. Sources of Water Sources of drinking water (both public tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and groundwater. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material. Water also picks-up substances resulting from the presence of animals or from human activity. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the EPA's Safe Drinking Water Hotline at 1-800-426-4791 - or by accessing the EPA's internet web site at www.et)a.2ov/safewater. Local Groundwater Yorba Linda Water District obtains approximately half of its water requirement from properly constructed wells located within the District. The District's wells tap an underground aquifer that underlies most of northern Orange County. The aquifer is carefully managed by the Orange County Water District, and is replenished by water from the Santa Ana River, local rainfall, and surplus water purchased from imported sources. The District's groundwater sources are: Well No. 1, Well No. 5, Well No. 7, Well No. 10, Well No. 12, Well No. 18 are located within Placentia city limits; Well No. 11 and Well No. 15 are located within Anaheim city limits. A new well located in Placentia, Well 19, has been drilled, equipped, and operational. The California Department of Health Services completed a Source Water Assessment of the Richfield well field in January 1999, Orange County Water District completed the Source Water Assessment of Wells 11 and 15 on April 2003, and Camp, Dresser and McKee completed the Source Water Assessment for Well 18 on September 2005. The reports are available upon request by contacting Water Quality Engineer Leon de los Reyes at (714) 701-3115. Imported Water Yorba Linda Water District obtains the remainder of the water our customers need from local wholesaler Municipal Water District of Orange County (MWDOC). MWDOC obtains water from regional supplier Metropolitan Water District of Southern California (MWD). MWD obtains water from northern California via the California Aqueduct, and from the Colorado River via the Colorado River Aqueduct. MWD owns and operates the Robert B. Diemer water treatment plant located just north of western Yorba Linda where the water is treated to meet drinking water standards. Vulnerability Assessment of Potential Sources of Contamination A vulnerability assessment of local drinking water sources of the Richfield Plant well field (Wells No. 1, 5, 7, 10, and 12) for the District was completed in January 1999. These sources are considered most vulnerable to contaminants produced by the following activities: gas stations; dry cleaners; metal plating/finishing/fabricating plants; plastic/synthetic producers; underground injection of commercial/industrial discharges; underground storage tanks; agricultural drainage; fertilization, pesticide and herbicide application; automobile-body and repair shops; and chemical/petroleum processing/storage. In December 2002, Metropolitan Water District of Southern California (MWD) completed a source water assessment of its Colorado River and State Water Project supplies. Colorado River supplies are considered to be most vulnerable to contamination by recreation uses, urban/storm water runoff, industrial runoff, increasing urbanization in the watershed and wastewater contamination. State Water Project supplies are considered to be most vulnerable to urban/storm water runoff, and wildlife, agriculture, recreation and wastewater contamination. Vulnerability assessments of potential sources of contamination for Wells 11 and 15 were completed in April 2003. The groundwater sources are considered most vulnerable to the following activities not associated with detected contaminants: chemical/petroleum processing/storage; metal plating/finishing/fabricating; and plastics/synthetics production. 2 A vulnerability assessment of potential sources of contamination for Well 19 and Well 18 were completed in May 2004 and September 2005 respectively. The groundwater sources are considered most vulnerable to the following activities not associated with detected contaminants: gas stations; dry cleaners; metal plating/finishing/fabricating plants; plastic/synthetic producers; underground injection of commercial/industrial discharges; underground storage tanks; agricultural drainage; fertilization, pesticide and herbicide application; automobile-body and repair shops; sewer collection systems; food processing, and chemical/petroleum processing/storage. A copy of the complete assessment is available at Department of Health Services district office at 28 Civic Center Plaza, Room 325, Santa Ana, California 92701, or at the Yorba Linda Water District office located at 1717 E. Miraloma Avenue, Placentia, California 92870. Contaminants That Mav Be Present In Source Water • Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife. Crvntosooridium is a microscopic organism that, when ingested, can cause diarrhea, fever, and other gastrointestinal maladies. The organism comes from animal and/or human waste and may be found in surface (imported) water. A standard treatment process that includes sedimentation, filtration, and disinfection can eliminate cryptosporidium contamination. • Pesticides and herbicides that may come from a variety of sources such as agriculture, urban storm water runoff and residential uses. Inorganic contaminants, such as salts and metals that can be naturally occurring or result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas production, mining or farming. Arsenic is a naturally occurring substance that is found in very low levels in all drinking water supplies. While your drinking water meets the current EPA standard for arsenic, it does contain low levels of arsenic. The standard balances the current understanding of arsenic's possible health effects against the cost of removing arsenic from drinking water. The California Department of Public Health continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems. Organic chemical contaminants, including synthetic and volatile organic chemicals that are by-products of industrial processes and petroleum production, and can also come from gas stations, urban storm water runoff, agricultural application and septic systems. Special Risk Populations Some individuals may be more vulnerable to the effects of possible contaminants in drinking water than the general population. Persons who are undergoing chemotherapy, persons who have undergone organ transplants, some elderly persons, infants, persons infected with HIV/AIDS, or persons with other immune system disorders can be particularly at risk. These persons should seek advice from their health care providers about drinking water. The EPA's Center for Disease Control guidelines on appropriate means to lessen the risks of infection by cryptosporidium or other microbial contaminants are available from the Safe Drinking Water Hotline (1-800-426-4791). Fluoride Yorba Linda Water District does not add fluoride to your water. Naturally occurring fluoride is present in the water, but not at a level that provides dental health benefits. In 1995, the California Legislature passed a bill mandating that all large water agencies fluoridate their supplies, but only if the state or "somebody" provided the agencies with the money to do so. To date, the state has not come up with the funds to implement fluoridation. Metropolitan Water District of Southern California (MWDSC) commenced fluoridation of southern California's drinking water supplies in November of 2007. YLWD purchases approximately half of its water from MWDSC. Because of MWD's decision and YLWD's dual sources of water, the District is faced with a situation where some of its customers will get water fluoridated by MWD, some will get non-fluoridated water, and some will get a blend of fluoridated and non-fluoridated water. During certain periods when import water is more economically available than groundwater sources, areas traditionally supplied with currently non-fluoridated water will temporarily receive fluoridated water supply from MWDSC. Please see the map contained in this report for areas of the community that traditionally receive local groundwater, imported water and blended of sources. Additional information about the fluoridation of drinking water include: • U.S, Centers for Disease Control and Prevention, 1-888-CDC-2306 www.cdc.i!ov/Oralhealth/factsheet/fl-backvround.html • American Dental Association www.ada.ora/public/tonics/fluoride/fluor-Iinks.htmI • American Water Works Association www.awwa.ors Terms and Abbreviations • Public Health Goals (PHG): The level of the contaminant in drinking water below which there is no known or expected risk to health includinz individuals with special health care needs. The California Environmental Protection Agency sets PHGs. The District prepared and held a public hearing of its Public Health Goals Report (PHGR) on July 1998, 2001, 2004, and 2007. The next PHG report is due on July 2010. • Maximum Contaminant Level Goal (MCLG): The level of a contaminant in drinking water below which there is known or expected risk to health. The U.S. Environmental Protection Agency sets MCLGs. • Maximum Contaminant Level (MCL): The highest level of a contaminant that is allowed in drinking water. It is the regulatory definition of what is "safe". Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically feasible. Secondary MCLs are set to protect the odor, taste, and appearance of drinking water. • Maximum Residual Disinfectant Level (MRDL): The level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap. • Maximum Residual Disinfectant Level Goal (MRDLG): The level of a disinfectant added for water treatment below which there is no known or expected risk to health. MRDLs are set by the U.S. Environmental Protection Agency. • Primary Drinking Water Standard or PDWS: MCLs and MRDLs for contaminant that affect health along with their monitoring and reporting requirements, and water treatment techniques. • Treatment Technique (TT): A required process intended to reduce the level of contaminants in drinking water. • Notification Level (NL): The concentration of a contaminant which, when exceeded, triggers a treatment process or other requirements that a water system must follow. • N/A: not applicable • ND: not detectable • NS: no standard has been established • ppm: parts per million or milligrams per liter • ppb: parts per billion or micrograms per liter • ppt: parts per trillion or nanograms per liter • pCi/L: picoCuries per liter (a measure of radiation) • NTU: nephelometric turbidity units • gpg: grains per gallon Measurements Most of the contaminants are measured in parts per million (ppm) and parts per billion (ppb). If these are difficult to envision, these are the comparisons: Parts Der million: 1 second in 12 days 1 penny in $10,000 1 inch in 16 miles Parts Der billion: 1 second in 32 years 1 penny in $10 million 1 inch in 16,000 miles In order to ensure that tap water is safe to drink, the EPA and the DHS prescribes regulations that limit the amount of certain contaminants in water provided by public water systems. DHS regulations also establish limits for contaminants in bottled water that provide the same protection for public health. The table below lists all the drinking water contaminants that Yorba Linda Water District detected during the 2007 calendar year. The presence of these contaminants in the water does not necessarily indicate that the water poses a health risk. Unless otherwise noted, the data presented in this table is from testing done for the period January 1 through December 31, 2007. The Department of Health Services requires monitoring for certain contaminants less often than every year because the concentrations of these contaminants are not expected to vary significantly from year to year. Thus, some of the data, though representative of current water quality, is more than one year old. YLWD contracts with state certified, independent laboratories to do most of the District's water quality testing. Water Distribution Svstem Water Oualitv Highest [Locationall PHG Running Typical Disinfection MCL (MCLG) Annual Most Recent Source of Bv-Products IMRDLI IMRDLGI Average Range Sampling Date Violation Contaminant Total Trihalomethanes (TTHMs) (ppb) 80 Haloacetic Acids (HAAS) (ppb) 60 Stage-2 D/DBPZ Total Trihalomethanes (TTHMs) (ppb) 80 Haloacetic Acids (HAAs) (ppb) Total Chlorine (PPm) 60 N/A 50 N/A 19 13 - 72 2007 4-32 2007 NO by-product of drinking water disinfection NO by-product of disinfection N/A [45] 0.0 - 51 2007-08 NO by-product of drinking water disinfection N/A [13] 2- 17 2007-08 NO by-product of drinking water disinfection [4 as CI2t] [4 as Clzt] 1.73 1.40-2.14 2007 NO 1 As chlorine (Cl2) Z Stage-2 Disinfectants and Disinfection By-Product Rule drinking water disinfectant added for treatment About Chloramines and Free Chlorine: These disinfectants must be removed from water used in hemodialysis treatment. Water used for dialysis machines must meet standards established by the Association for the Advancement of Medical Instrumentation. A good source of information, in addition to your health care provider, is the Southern California Renal Disease Council at (213) 962-2020. In addition, 6 they must be removed from water before it is used to fill or replenish aquariums and frsh ponds. For more information, contact your local pet store. Highest Typical PHG Percentage-Presence Most Recent Source of Microbiological MCL (MCLG) in a Monthiv Sample Sample Date Violation Contaminant Total Coliform 5% (0) 1% 2007 NO naturally (Non-Fecal Coliform) present in the environment Lead & Copper Levels at Residential Taos NL Lead (ppb) 15 90th Sites Most Recent Typical Percentile Exceeding Sample Source of PHG Values NL Samole Date Violation Contaminant 2 6 None 2006 NO internal corrosion of Copper (ppm) 1.3 0.17 0.21 None Aesthetic Oualitv Secondarv MCL Average Range Color, units 15 ND ND < 5 Odor-Threshold 3 ND ND < 1 household water plumbing system; discharges from industrial manufactu- rers, erosion of natural deposits 2006 NO internal corrosion of household plumbing systems; erosion of deposits; leaching from natural wood preservative Typical Most Recent Source of Samole Date Violation Contaminant 2007 NO naturally- occurring organic materials 2007 NO naturally- occurring organic materials 7 Turbidity, NTU 5 0.17 0.12-0.93 2007 NO total suspended solids Water Quality Data - Groundwater Sources Primarv Standards Typical PHG Average Range Most Recent Source of Inorganic Chemicals MCL (MCLGI Amount Detected Sample Date Violation Contaminant Arsenic3 (ppb) 10 0.004 4 ND- 11 2007 NO erosion of natural deposits; runoff from orchard, glass and electronics production wastes Fluoride (ppm) 2 1 0.4 0.3 -0.5 2007 NO erosion of (naturally occurring) natural deposits; water additive that promotes strong teeth; discharge from fertilizer and aluminum factories Nitrate (ppm) 45 45 14 11 - 17 2007 NO runoff and (as Nitrate, N03) leaching from fertilizer use; leaching from septic tanks and sewage; erosion of natural deposits Nitrate plus Nitrite 10 10 3 2-4 2007 NO runoff and (as Nitrogen, N) (ppm) leaching from fertilizer use; leaching from septic tanks and sewage; erosion of natural deposits 8 Radiation Standards PHG Radio nuclides MCL (MCLG) Gross Alpha (pCi/L) 15 (0) Uranium (pCi/L) 20 0.43 Total Radon (pCi/L) NS NS (222) Average Range Most Recent Amount Detected Sample Date 8 4-11 2005 8 5- 11 2005 464 424 - 491 2005 Typical Source of Violation Contaminant NO erosion of natural deposits NO erosion of natural deposits N/A About Radon: Radon is a radioactive gas that you cannot see, taste, or smell. It is found throughout the world. Radon can move through the ground and into homes through cracks and holes in the foundation. Radon can build up to high levels in all types of homes. Radon can also get into indoor air when released from tap water from showering, washing dishes, and other household activities. Compared to radon entering the homes through soil, radon entering the home through tap water will, in most cases, be a minor source of radon in indoor air. Radon is a known human carcinogen. Breathing air-containing radon can lead to lung cancer. Drinking water-containing radon may also cause increased risk of stomach cancer. If you are concerned about radon, test the air in your home. Testing is inexpensive and easy. Fix your home if the level of radon in your air is 4 picoCuries per liter of air (pCi/L) or higher. There are simple ways to fix a radon problem that are not too costly. For additional information, you can call the EPA's Radon Hotline (800-SOS-Radon). The EPA proposed MCL for radon is 300 pCi/L. The proposal will provide states flexibility in how to limit exposure to radon by allowing states to focus its efforts on the greatest radon risks-those in indoor air-while also reducing the risks from radon in drinking water. The states' option for radon compliance is as follows: First Option: States can choose to develop enhanced state programs to address the health risks from radon in indoor air. These programs are known as Multimedia Mitigation (MMM) Programs. Individual water systems reduce radon levels in drinking water to 4,000 pCi/L or lower. EPA is encouraging states to adopt this option because it is the most cost effective way to achieve the greatest radon risk reduction. Second Option: If a state chooses not to develop an MMM program, individual water systems in that state would be required to either reduce radon in their system's drinking water to 300 pCi/L or develop individual local MMM programs and reduce levels in drinking water to 4,000 pCi/L. Regulated Constituents with Secondarv Standards (aesthetic/sensorv standards) Typical Secondary Average Range Most Recent Source of Constituent MCL Amount Detected Samole Date Violation Contaminant Chloride (ppm) 500 104 95- 108 2007 NO runoff/leaching from natural deposits; seawater influence Color (units) 15 1 ND - 3 2007 NO naturally occurring organic materials Corrosivity Non-Corrosive Non-Corrosive 2006 NO elemental or (Aggressiveness Index) industrially- influenced balance of hydrogen, carbon, and oxygen in water; affected by temperature and other factors. Manganese3 (ppb) 50 12 ND - 101 2007 NO leaching from natural deposits Specific Conductance 1600 1002 984 - 1040 2007 NO substance that form (micromhos/cm) ions when in water; seawater influence Sulfate (ppm) 500 135 125 - 144 2007 NO runoff/leaching from natural deposit; industrial wastes Total Dissolved Solids 1000 611 576 - 652 2007 NO runoff/leaching (ppm) from natural deposit Turbidity (NTU) 5 Units 0.3 ND- 1 2007 NO soil runoff Zinc (ppb) 5000 13 ND - 161 2007 NO runoff/leaching from natural deposits; industrial waste 3 The District has a California Department of Health Services approved blending plan that reduces the levels of arsenic and manganese to within drinking water standards. 10 State Regulated Constituents without Sta but Requires Monitoring Average Range Most Recent Constituent NL Amount Detected Sample Date Boron (ppb) 1,000 250 190 - 280 2007 Chlorate (ppm) Vanadium (ppb) 0.8 0.06 ND-0.16 50 5 3-8 lndards (MCL) Typical Source of Contaminant run-off/leaching from natural deposits; natural waste 2007 disinfection by- products; industrial processes 2007 naturally occurring; industrial waste discharge Additional Water Oualitv Parameters (Groundwater Sources) Average Range Most Recent Constituents Amount Detected Sample Date Alkalinity as CaCO3 NS 214 202 - 238 2007 (ppm) Bromide (ppm) NS 0.22 0.20-0.26 2007 Calcium (ppm) NS 95 84 - 108 2007 Hardness as CaCO3 NS 19 17 - 20 2007 (grains per gallon, gpg) Magnesium (ppm) NS 20 18 - 23 2007 Potassium (ppm) NS 5 4-8 2007 pH (acids/bases) NS 8 7.9-8.1 2007 Sodium (ppm) NS 91 83 - 98 2007 Water Oualitv Data of Imported Water Sources The table below lists all of the contaminants that the MWD detected during the 2007 calendar year. The presence of these contaminants in the water does not necessarily indicate that the water poses a health risk. Unless otherwise noted, the data presented in this table is from testing done January 1 through December 31, 2007. Primarv Standards (Import Sources) Typical PHG Average Range Most Recent Source of Inorganic Chemical MCL IMCLGI Amount Detected Samole Date Violation Contaminant Aluminum (ppb) 1000 600 75 ND - 120 2007 NO erosion of natural deposit; residual from surface water treatment processes Arsenic (ppb) 10 0.004 ND ND - 2.8 2007 NO natural deposit erosion; glass and electronic production waste Barium, (ppb) 1000 2000 ND ND -103 2007 NO oil and metal refineries discharge; natural deposits erosion Fluoride (ppm) 2 1 0.1-1 0.6-0.9 2007 NO erosion of (treatment related) natural deposits; water additive that promotes strong teeth; discharge from fertilizer and aluminum factories Nitrate as Nitrogen (ppm) 10 10 0.5 ND - 0.7 2007 NO run-off & leaching from fertilizer use; sewage; natural erosion ND ND - 7.2 2007 NO erosion of natural deposits ND ND - 6.4 2007 NO decay of natural and man-made deposits 12 Regulated Constituents with Secondarv Standards (Import Sources) (aesthetic/sensorv standards) Typical PHG Average Range Most Recent Source of MCL (MCLG) Amount Detected Sample Date Violation Contaminant Aluminum (ppb) 200 600 75 ND - 120 2007 NO erosion of natural deposit; residual from surface water treatment processes Chloride (ppm) 500 NS 88 75- 101 2007 NO runoff and/or leaching from natural deposit; seawater influence Color, Units 15 NS 2 1 -2 2007 NO naturally occurring organic material Corrosivity (Saturation Index) "non-corrosive" 0.32 0.17-0.45 2007 NO elemental balance in water; affected by temperature, other factors Corrosivity (Aggressiveness Index) "non-corrosive" 12.2 12- 12.3 2007 NO elemental balance in water; affected by temperature, other factors Odor Threshold, Units 3 NS 2 ND-2 2007 NO naturally organic material Specific Conductance (micromhos/cm) 1600 NS 801 674 - 893 2007 NO substance that form ions when in water; seawater influence Sulfate (ppm) 500 NS 158 122 - 179 2007 NO runoff and/or leaching from natural deposit; industrial waste 13 Total Dissolved Solids 1000 NS 469 394-519 2007 NO runoff and/or (ppm) leaching from natural deposit; seawater influence Turbidity (NTU) 5 NS 0.04 0.03-0.05 2007 NO soil run-off State/Federal Regulated Constituents with No Standards (MCL) but Requires Monitoring (Import Sourced Average Range Most Recent NL Amount Detected Samole Date Boron (ppb) 1000 140 130 - 150 2007 Chromium VI (ppb) NA 0.11 0.09-0.13 2007 Vanadium (ppb) 50 3.3 ND - 3.7 2007 Chlorate (ppb) 800 24 - 43 ND-36 2007 Tvaical Source of Contaminant runoff/leaching from natural deposits industrial wastes industrial waste discharge naturally occurring; industrial waste discharge by-product of drinking water chlorination; industrial Additional Water Quality Parameters (Import Sources) Average Range Most Recent Amount Detected Samole Date Comments Alkalinity (ppm) 93 82- 103 2007 No standard has been established. Calcium (ppm) 46 36 - 55 2007 No standard has been established. Hardness (grains per gallons, gpg) 12 9-13 2007 No standard has been established Magnesium (ppm) 21 16 - 23 2007 No standard has been established. N-Nitrosodimethylamine (NDMA) (ppt) N/A ND - 8.2 2007 No standard has been established. (PHG = 3 ppt) pH (acids/bases) 8.2 8.1 -8.3 2007 No standard has been established. Potassium (ppm) 4 3-4 2007 No standard has been established. Sodium (ppm) 83 73 - 91 2007 No standard has been established. Total Organic Carbon (ppm) 2 2-3 2007 No standard has been established 14 ITEM NO. /0' MINUTES OF THE YORBA LINDA WATER DISTRICT FINANCE-ACCOUNTING COMMITTEE June 10, 2008 APPROVED BY THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT JUN 2 6 ?008 'u r A meeting of the Yorba Linda Water District Finance-Accounting Committee was called to order by Committee Chairman Michael J. Beverage at 4:00 p.m. The meeting was held at the District's offices, 1717 E. Miraloma Ave, Placentia. DIRECTORS PRESENT: STAFF PRESENT: Director, Michael J. Beverage, Chair Michael Payne, General Manager Director John W. Summerfield Sandi Van Etten, Senior Accountant Alternate: Director William R Mills ACTION ITEMS: 1. Review March 31 and April 30, 2008 Financial Statements. The Financial Statements were reviewed by the Committee. It was noted that we have exceeded revenue expectations and were slightly under budget on expenses. The Committee will recommend that the monthly Financial Statements for March 31 and April 30, 2008 be received and filed by the Board of Directors. DISCUSSION ITEMS: 2. Review of the Investment Report dated April 30, 2008. The Investment Report for month ending April 30, 2008 was discussed and accepted as presented. 3. Status report on Wells Capital portfolio investments as of May 31, 2008. The Committee called Keith Khorey for an update. He said there were no downgrades and nothing under review or stress. Wells Capital will be looking to take about half of what is invested in money market funds and put it in higher yield investments for a term of six to nine months. 4. Appropriations Limit It was noted that this will be addressed at the board meeting on June 26, 2008, and that the District has always been under the Appropriations Limit. 5. Status Report from Fieldman, Rolapp concerning the Material Event Notification A call was placed to Tom DeMars regarding the rating change of bond insurers that affects the District's 2003 Revenue COP's. Tom said this had no impact on the District, other than the need to inform bondholders. Each director asked questions regarding the insuring of the bonds, and the conclusion was that the District did not need to do anything. ADJOURNMENT: The Committee adjourned at approximately 5:15 p.m. The next Finance-Accounting Committee meeting is scheduled for July 8th at 4:00 p.m. at the District's offices, 1717 E. Miraloma Avenue, Placentia, CA. -1- ITEM NO. /01 C MINUTES OF THE APPROVED BY THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT YORBA LINDA WATER DISTRICT PERSONNEL-RISK MANAGEMENT COMMITTEE JUN 2'3 ) 2008 May 12, 2008 JLJ A meeting of the Yorba Linda Water District Personnel-Risk management Committee was called to order by Committee Chairman Paul R. Armstrong at 4:00 p.m. The meeting was held at the District Headquarters, 1717 E. Mira Loma Drive, Placentia, CA. DIRECTORS PRESENT: Chairman Director Paul R. Armstrong Director Ric Collett STAFF PRESENT: Michael A. Payne, General Manager Gina Knight, Human Resources Manager VISITORS PRESENT: None ACTION ITEMS: 1. None. DISCUSSION ITEMS: 2. The committee discussed the comments received from the management group regarding the revisions to the Personnel Rules. 3. Staff informed the committee on the status of the District's current recruitments and new hires. 4. Staff informed the committee on the status of the personnel on Administrative Leave. 5. Mike Payne gave an update on his attendance at the ACWA-JPIA conference. ADJOURNMENT: The Committee adjourned at 5:00 p.m. The next Personnel-Risk Management Committee meeting is scheduled for June 9, 2008 at 4:00 p.m. at the new Main Office located at 1717 E. Mira Loma Avenue, Placentia CA. APPROVED BY THE BOARD OF DIRECTORS OF THE YORBA _ NDA NATER DISTRICT JUN 2 e ZA8 ITEM NO. 10'f= MINUTES OF THE BY YORBA LINDA WATER DISTRICT PUBLIC INFORMATION - TECHNOLOGY COMMITTEE MEETING June 11, 2008 A meeting of the Yorba Linda Water District Public Information-Technology Committee was called to order by Committee Chair Ric Collett at 8:55 a.m. The meeting was held at the District Administration Office at 1717 E. Miraloma Avenue, Placentia. COMMITTEE MEMBERS PRESENT: Director Ric Collett, Chair Director Michael J. Beverage STAFF PRESENT: Michael A. Payne, General Manager Pat Grady, IT Manager Cindy Mejia, Management Analyst INTRODUCTION OF VISITORS AND PUBLIC COMMENTS: None. ACTION ITEMS: 1. None DISCUSSION ITEMS: This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee Members. This portion of the agenda may also include items for information only. 2. MWDOC PAW Regional Messaging Workshop. Director Beverage reported on the Workshop from the perspective of a MWDOC consultant, rather than that of a District Board member. He stated that there is currently no common theme in water awareness or conservation within the local member agencies of MWDOC and suggested that the District forge ahead on their own plan. Cindy Mejia made several comments on other agencies' public awareness campaigns. 3. Governor's Drought Announcement. Director Collett suggested that the District should now take steps to address the water crisis, and Mike Payne responded that Cindy Mejia would present all her impressions of the meeting to the full Board on June 12, 2008. 4. Dedication Update. Mike Payne stated he wished to receive final approval on the truck decals from the full Board of Directors on June 12, 2008. Hank Samaripa presented two quotes to the Committee on the District building signs and the comments made by the contractors on the difficulty of incorporating a water feature into the concrete sign. Mike Payne suggested the approval of the final design go before the full Board on June 12, 2008. Director Beverage then requested Staff's permission to go before the full Board with the changes the Public Information-Technology Committee had made to the stationary in order to fully address all the concerns the Board had stated in the June 12, 2008 meeting. 5. Financial and Utility Billing Software. Pat Grady presented the overall synopsis of why the District is reviewing this software and suggested that we move forward with this expeditiously in order to both meet original deadlines set and to take advantage of the sale price of the product. Pat also suggested that we choose Great Plains software, with Cogsdale software for utility billing and online billing. 6. Customer Service Answering System. Staff reviewed current policies and procedures in conjunction with the Board of Directors recommendation that we address long customer wait times and the inability to directly dial an individual. Staff's recommendation for a solution was to return to a live person for all calls coming into the District and Staff would continue to follow up on problems with the current phones. ADJOURNMENT: The meeting adjourned at 10:10 am. The next meeting of the Public Information- Technology Committee is scheduled for July 1, 2008.