HomeMy WebLinkAbout2008-09-11 - Board of Directors Meeting Agenda PacketAgenda Packet
Regular Meeting of the
Board of Directors
September 11, 2008
8:30 a. m.
1717 E. Miraloma Avenue, Placentia, CA 92870
Yorba Linda
Water District
ORIGAA-
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, September 11, 2008, 8:30 A.M.
1717 E. Miraloma Avenue, Placentia, CA 92870 (714) 701- 3020
ITEMS DISTRIBUTED TO THE BOARD LESS THAN 72 HOURS PRIOR TO MEETING
Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and
are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for public
inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during
regular business hours. When practical, these public records will also be made available on the District's internet
website accessible at httD://www.vlwd(a vlwd.com.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
John W. Summerfield, President
William R. Mills, Vice President
Paul R. Armstrong
Michael J. Beverage
Ric Collett
INTRODUCTION OF VISITORS AND PUBLIC COMMENTS
Any individual wishing to address the Board is requested to identify themselves and state the matter on which they
wish to comment. If the matter is on this agenda, the Board will recognize the individual for their comment when the
item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of
public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes.
SPECIAL RECOGNITION
Introduce Annie Alexander, newly hired Executive Secretary.
CONSENT CALENDAR (Items 1 throuah 51
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 August 28, 2008.
Recommendation: Approve the minutes as presented.
2. Payment of bills, refunds, and wire transfers.
Recommendation: Ratify and authorize disbursements in the amount of
$1,627,848.19.
3. Consider Leave of Absence for Director Armstrong.
Recommendation: That the Board of Directors grant Director Armstrong
permission to be absent from the state as requested, subject to Director
Armstrong providing a written waiver of the written notice of special and
emergency meetings under the Brown Act.
4. Progress Payment No. 16 for the Lakeview Reservoir Construction.
Recommendation: That the Board of Directors approve Progress Payment
No. 16 in the net amount of $436,027.86 to SSC Construction, Inc. for
construction of the Lakeview Reservoir Project, Job No. 200704.
5. Progress Payment No. 4 for the Highland Reservoir Replacement Project.
Recommendation: That the Board of Directors approve Progress Payment
No. 4 in the amount of $442,415.79 to Schuler Engineering Corporation for
construction of the Highland Reservoir Replacement Project, Job No. 200309.
ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal
Board actions.
6. Declaration of Restrictive Covenants with Upper K Shapell.
Recommendation: That the Board of Directors authorize the President and
Secretary to execute the Declaration of Restrictive Covenants with Upper K
Shapell, subject to approval as to form by General Counsel.
7. 2008 Conflict of Interest Biennial Review.
Recommendation: That the Board of Directors adopt Resolution No. 08-10
and Appendix 'A" of the District's Conflict of Interest Code and direct the
Secretary to file the District's Conflict of Interest Code and Appendix "A" with
the Orange County Board of Supervisors prior to October 1, 2008.
8. ACWA/JPIA General Liability Insurance Deposit Premium October 1, 2008 through
September 30, 2009 and Retrospective Allocation Point.
Recommendation: That the Board of Directors approve the ACWA/JPIA
General Liability Insurance deposit premium for the policy year October 1,
2008 through September 30, 2009 in the amount of $244,389 and also
continue with the Retrospective Allocation Point of $25,000.
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.
9. None.
-2-
REPORTS, INFORMATION ITEMS AND COMMENTS
10. a. President's Report
b. Directors' Reports
c. General Manager's Report
d. General Counsel's Report
COMMITTEE REPORTS
11. a. Executive-Administrative-Organizational Committee
(Summerfield/Mills) Alternate: Collett
1) Meeting scheduled for September 16, 4:00 p.m.
2) Meeting scheduled for October 21, 4:00 p.m.
b. Finance-Accounting Committee
(Beverage/Summerfield) Alternate: Mills
1) Minutes of meeting held September 9 (to be presented at the Board
meeting).
2) Meeting scheduled for October 14, 4:00 p.m.
c. Personnel-Risk Management Committee
(Armstrong/Collett) Alternate: Summerfield
1) Meeting scheduled for September 22, 4:00 p.m.
2) Meeting scheduled for October 13, 4:00 p.m.
d. Planning-Engineering-Operations Committee
(Mills/Armstrong) Alternate: Beverage
1) Meeting scheduled for October 2, 4:00 p.m.
e. Public Information -Technology Committee
(Collett/Beverage) Alternate: Armstrong
1) Meeting scheduled for October 7, 4:00 p.m.
f. MWDOC Ad Hoc Committee
(Mills/Collett) Alternate: Summerfield
1) Meeting scheduled for October 28, 4:00 p.m.
g. City of Placentia Ad Hoc Committee
(Beverage/Payne)
1) Minutes of meeting held September 8 (to be presented at the Board
meeting).
2) Meeting to be scheduled.
-3-
INTERGOVERNMENTAL MEETINGS
12. a. Yorba Linda City Council, September 2 (Mills)
b. MWDOC/MWD Joint Workshop, September 3 (Staff)
c. OCWD Board, September 3 (Staff)
d. Yorba Linda Planning Commission, September 10 (Summerfield)
BOARD OF DIRECTORS ACTIVITY CALENDAR
Authorization to attend meetings scheduled after September 11, 2008. Agenda is available in the District office prior to
meeting.
-September 2008
Executive-Admin-Organizational Committee, Sept 16, 4:00 p.m
Yorba Linda City Council, Sept 16, 6:30 p.m.
MWDOC Board, Sept 17, 7:30 a.m.
OCWD Board, Sept 17, 5:00 p.m.
Personnel-Risk Management Committee, Sept 22, 4:00 p.m.
Yorba Linda Planninq Commission, Sept 24, 7:00 p.m.
District Board Meeting, Sept 25, 8:30 a.m.
-October 2008
MWDOC/MWD Joint Workshop, Oct 1, 7:30 a.m.
OCWD Board, Oct 1, 5:00 p.m.
Planning-Engineering-Operations Committee, Oct 2, 4:00 p.m.
Public Information Committee, Oct 7, 4:00 p.m.
Yorba Linda City Council, Oct 7, 6:30 p.m.
District Board Meeting, Oct 9, 8:30 a.m.
City of Placentia Heritage Festival Parade, Oct 11, 9:30 a.m.
Personnel-Risk Management Committee, Oct 13, 4:00 p.m.
Finance-Accounting Committee, Oct 14, 4:00 p.m.
MWDOC Board, Oct 15,7:30 a.m.
OCWD Board, Oct 15, 5:00 p.m.
Yorba Linda Planning Commission, Oct 15, 7:00 p.m.
Executive-Admin-Organizational Committee, Oct 21, 4:00 p.m,
Yorba Linda City Council, Oct 21, 6:30 p.m.
District Board Meeting, Oct 23, 8:30 a.m.
City of Yorba Linda Fiesta Days Parade, Oct 25, 10:00 a.m.
MWDOC Ad Hoc Committee Meeting, Oct 28, 4:00 p.m.
Yorba Linda Planning Commission, Oct 29, 7:00 p.m.
District Board Workshop, Oct 30, 8:30 a.m.
Summerfield/Mills
Armstrong
Staff
Staff
Alt. Summerfield/Collett
Collett
Staff
Staff
Mills/Armstrong
ColIett/Beverage
Summerfield
Armstrong/Collett
Beverage/Summerfield
Staff
Staff
Collett
Summerfield/Mills
Mills
Mills/Collett
Summerfield
-4-
CONFERENCES AND SEMINARS
13. Authorize attendance of Directors and such staff members of the District as
approved by the General Manager to attend the following conferences and
seminars.
a. None.
ADJOURN TO CLOSED SESSION
The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The
public is excused during these discussions.
14. Public Employee Appointment [Government Code Section 54957] Title: General
Manager.
ADJOURNMENT
A regular meeting of the Board of Directors is scheduled for September 25, 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.
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2008 BOARD OF DIRECTORS CALENDAR
S M
6 7
13 14
20 21
27 28
JUL
T W T F S
1 2 11jF745
8 9 11 12
15 16 17 18 19
22 23 0 25 26
29 30 31
OCT
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M
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W T
F
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1 2
3
4
5
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7
8.
10
11
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22
24
25
26
27
28
29
31
AUG
S
M
T W
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F
S
1
2
3
10
4
11
5 6 7
12 13M
8
15
9
16
17
24
18
25
19 20 21
26 27M
22
29
23
30
311
NOV
S
M
T W
T
F
S
1
2
9
3
10
4 5
110
6
13
7
14
8
15
16
23
17
24
18 19
25 0
20
271
21 22
28 29
301
SEP
S M T W T
F 'I 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 22M
24 251
26127
28 29 30
31
2009 BOARD OF DIRECTORS CALENDAR
JAN
S M T W T F S
1 2 3
4 5 6 7 9 10
11 12 13 14 15 16 17
18 19 20 21 . 23 24
25 26 27 28 29 30 31
APR
S M
5 6
12 13
19 20
26 27
T
7
14
21
28
W T
1 2
8M
15 16
['12-11
29 30
F S
3 4
10 11
17 18
24 25
FEB
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 161 17 18 19 20 21
22 23 24 25 26 27 28
S M
3 4
10 11
17 18
24 25~
31
MAY
T W T
5 6M
12 1:' 14
19 20
26 2-i 28
F S
1 2
8 9
15 16
22 23
29 30
MAR
S
M
T
W T
F
S1
1
2
3
4 5
6
7
8
9
10
11-
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
24 M
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 1Y THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
SEP 1 1 2008 ITEM NO.
MINUTES OF THE
BY
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
August 28, 2008
The August 28, 2008 regular meeting of the Yorba Linda Water District Board of
Directors was called to order by President Summerfield at 8:30 a.m. The meeting was
held at the District's offices at 1717 E. Miraloma Avenue, Placentia, CA.
DIRECTORS PRESENT AT ROLL CALL
John W. Summerfield, President
William R. Mills, Vice President
Paul R. Armstrong
Michael J. Beverage
Ric Collett
STAFF PRESENT
Michael A. Payne, General Manager
Kenneth R. Vecchiarelli, Asst. G.M.
Lee Cory, Operations Manager
Pat Grady, IT Director
Gina Knight, HR Manager
Sandi Van Etten, Senior Accountant
Amelia Cloonan, Personnel Tech
INTRODUCTION OF VISITORS AND PUBLIC COMMENTS
None
IT Director Grady reported the audio visual system is 95% complete. Each Board
member and staff member has a small monitor to view materials presented on the large
screen. Use of the microphone was explained. The room is equipped with speakers
throughout. Control of the system will be performed by the Executive Secretary with an
auxiliary control by the IT Director. IT Director Grady gave a short demonstration.
SPECIAL RECOGNITION
.w.
None
CONSENT CALENDAR (Items 1 throuah 31
On a Motion by Director Beverage, seconded by Director Collett, the Board of Directors
voted 5-0 to approve the Consent Calendar, with Director Beverage abstaining from
voting on Check No. 49870 of Item 2 because of a conflict of interest.
1. Minutes of the Regular Board of Directors meeting held August 14, 2008.
Recommendation: Approve the minutes as presented with a correction noted
on page 3, Action Calendar, Item 4, paragraph 2. The first line should read
"Vice President Mills stated he is interested...".
2. Payment of bills, refunds, and wire transfers.
Recommendation: Ratify and authorize disbursements in the amount of
$1,001,093.58.
3. Terms and Conditions for Water and Sewer Service with Sigma Enterprises, Inc.,
16921 Imperial Highway.
Recommendation: That the Board of Directors approve the Terms and
Conditions for Water and Sewer Service with Sigma Enterprises, Inc., Job No.
200812.
ACTION CALENDAR
4. Professional Services Agreement for Groundwater Well Siting, Design, Drilling
Observation and Inspection Services. Assistant General Manager Vecchiarelli
introduced the report. This item is for replacement of existing aging wells. The
item was discussed at the PEO Committee meeting and that committee supports
staff's recommendation to move forward. They looked at two sites, one on
Richfield Road where the District already owns property. Well 11, which is aging,
is housed there. Because of the productivity of that well for the last 50 years, it is
considered a good site for the new well. The second site under consideration is at
the corner of Orangethorpe and Richfield. The City of Placentia owns that site.
With further discussion, the recommendation is to look further west closer to the
recharge facility. Assistant General Manager Vecchiarelli elaborated. Vice
President Mills encouraged staff to focus not only on _quantity but on quality as
well.
Director Beverage asked about the ranking of the firms. What made one firm
better by $50,000? Assistant General Manager Vecchiarelli responded that the
District has had excellent service from CDM in the past and expects to receive a
high value product and services for this contract.
On a motion by Vice President Mills, seconded by Director Armstrong, the
Board of Directors voted 5-0 to authorize the General Manager to execute a
Professional Service Agreement with Camp, Dresser & McKee, Inc. in the
amount of $179,500 for hydrogeologic services to evaluate two potential well
sites, provide well hole design, specifications, observation and inspection
services for two new groundwater wells, Job No. 200711.
5. Professional Engineering Services for District Well Optimization Study. Assistant
General Manager Vecchiarelli presented the item. In 2006, Camp, Dresser &
McKee did a wellfield analysis for the District. Water levels are down
considerably in the last year. Well 19 is pumping very near its shutoff level. Staff
has experienced more and more challenges maintaining adequate wellfield
production. A proposal from CDM was handed out prior to the start of the Board
meeting. This was a sole source request, because of CDM's involvement in the
previous wellfield analysis. Wells 1, 5 and 12 are experiencing problems with
cascading water right now. These are some of our oldest wells (Well 1 - 1950,
Well 5 - 1958, Well 12 - 1949). CDM will look immediately at Well 12 and
provide recommendations.
Vice President Mills asked how this ties in with the work CDM did for the District
on Well 19. Assistant General Manager Vecchiarelli said it is a carry on from
that. They will look at potential mechanical changes to maximize the wellfield
yield and efficiencies.
-2-
Vice President Mills said it should be a standard procedure to have the cost
information supplied to the Board members in the agenda packet. President
Summerfield asked what the urgency is on this. Assistant General Manager
Vecchiarelli responded it is extreme. Vice President Mills asked how much
money the District spends pumping out of the wellfield every year? Assistant
General Manager Vecchiarelli will provide this figure at a later date. The cost of
the study could be quickly saved.
On a motion by Vice President Mills, seconded by Director Armstrong, the
Board of Directors voted 5-0 to authorize the General Manager to execute a
Professional Services Agreement with Camp, Dresser & McKee in the
amount not to exceed $54,390 to provide hydrogeologic and support
engineering services to prepare an optimization` study of the District's existing
water production wells, Job No. 200813.
6. Reschedule Board and Committee Meetings in November and December.
Assistant General Manager Vecchiarelli presented the item. In addition to the
items being moved, there was mention of a PEO Committee meeting scheduled for
December 4 and a PIT Committee meeting scheduled for December 2. These
meeting will take place during the ACWA Conference being held in Long Beach on
December 2 through 4. It will be determined how this will affect the Directors.
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
schedule the Board meetings and Committee meetings as follows:
1) Schedule the Board Meeting of November 13 to Wednesday, November
12 at 8:30 a.m., with a conflict noted by Director Collett.
2) Schedule the Board meeting of November 27 to Wednesday, November
26 at 8:30 a.m.
3) Schedule the Board meeting of December 25 to Tuesday, December 23
4) Schedule the Finance-Accounting Committee meeting of November 11 to
Monday, November 10 at 8:00 a.m.
DISCUSSION STEMS
8. Preview Updates to District's Website. IT Director Grady gave an update, an
indication of the future direction of the website and a short demonstration of the
features. The new font and logo have been incorporated.
Director Armstrong asked about a turn-on/turn-off feature for customers. IT
Director Grady responded there is a "contact us" feature on the website and an
e-mail address is listed. Once On-line payment is made available, it should help
with people avoiding shut-off fees.
Vice President Mills asked about pharmaceuticals. There was some discussion.
He also asked that the Board of Directors be given a quarterly summary of
sections visited within our website by our customers.
-3-
REPORTS. INFORMATION ITEMS AND COMMENTS
9. a. President's Report
The President had nothing to report.
b. Directors Reports
Director Armstrong stated he is working with General Manager Payne on his
leave of absence from Board matters. There will be an agenda report on the
next Board Agenda.
Vice President Mills had a question about the Water Forum, which is being held
in different Southern California locations on September 11, 16 and 25.
c. General Managers Report
Assistant General Manager Vecchiarelli received notice from LAFCO that
annexation of the S&S property has been agendized for their September 10
meeting. Staff will attend.
Justin Wallen and Adam Probolsky, Probolsky Research entered the meeting at 9:24
a. m.
ACTION ITEM
7. 2008 Customer Survey. Assistant General Manager Vecchiarelli invited Justin
Wallen and Adam Probolbsky to address the summary of the customer survey
results presented in the Agenda.
Adam Probolsky stated a total of 351 District registered voters took a 20 minute
survey. He gave an overview of the presentation. Vice President Mills asked if the
results in the survey were different from others in Orange County. Adam
Probolsky responded that the numbers in other areas of Orange County were
similar.
On a motion by Director Beverage, seconded by Director Collett, the Board of
Directors voted 5-0 to receive and file the 2008 Customer Survey.
COMMITTEE REPORTS
10. a. Executive-Administrative-Organizational Committee
Alternate: Collett
1) Meeting scheduled for September 16, 4:00 p.m.
b. Finance-Accounting Committee
(Beverage/Summerfield) Alternate: Mills
1) Meeting scheduled for September 9, 4:00 p.m.
-4-
c. Personnel-Risk Management Committee
(Armstrong/Collett) Alternate: Summerfield
1) Minutes of meeting held August 11 appeared in the Agenda. Items acted
upon or discussed during the meeting were as follows: ACWA/JPIA general
liability insurance deposit premium; damage claim filed by Dan W. Baer;
approval of position upgrade from Sr. Project Engineer to Sr. Project
Manager; approval of contract with Project Partners for temporary
employment services; and status of recruitments, risk management
activities and personnel on administrative leave.
2) Meeting scheduled for September 8, 4:00
September 22 at 4:00 p.m.
d. Planning-Engineering-Operations Committee
(Mills/Armstrong) Alternate: Beverage
1) Minutes of meeting held August 21 appeE
upon or discussed during the meeting
support services for two new groundwate
support services for Well Optimizatio
emergency repairs to Well No. 11; propoE
Grand Jury Report; and status report on
progress.
2) Meeting scheduled for September 4, 4:
e. Public I
(Col lett/
nology Committee
rescheduled for
i the Agenda. Items acted
as follows: hydrogeologic
Is professional engineering
udy; Purchase Order for
;tion plan responding to OC
lal improvement projects in
1) Minutes of the meeting held August 27 were presented at the meeting. The
item acted upon during the meeting was the Public Information Campaign.
Director Collett reported that a meeting will be scheduled at the next Board
meeting to be held on September 11. The meeting scheduled for September
2 is cancelled.
f. MWDOC Ad Hoc Committee
(Mills/Collett) Alternate: Summerfield
1) Minutes of meeting held August 26 were distributed at the Board meeting.
Items discussed during the meeting were as follows: Metropolitan Water
supply situation; MWDOC Allocation Plan progress; California Water Bond;
recent Grant/Funding; and MWDOC Governance Study Update.
Vice President Mills commented on the supporting materials and tables.
Assistant General Manager Vecchiarelli said the grant authorizes up to
$200,000 per agency, and the District can expect a portion of that amount.
The state is offering funding on a matching basis. He explained.
-5-
g. City of Placentia Ad Hoc Committee
(Beverage/Payne)
1) Meeting scheduled for September 8 at 11:00 a.m. at the District offices.
INTERGOVERNMENTAL MEETINGS
11. a. Yorba Linda City Council, August 19
No one attended.
b
c.
d
MWDOC Board, August 20 (Staff)
Staff did not attend as there were no items of importance to the District.
OCWD Board, August 20 (Staff)
Staff did not attend as there were no items of importance to the District.
Yorba Linda Planning Commission, August 27
No one attended as there were no items immediately pertinent to the District.
BOARD OF DIRECTORS ACTIVITY CALENDAR
Authorization to attend meetings scheduled after August 28, 2008. Agenda is available in the District office prior to
meeting.
September 2008
FYorba Linda City Council, Sept 2, 6:30 p.m.
I Mills
MWDOC/MWD Joint Workshop, Sept 3, 7:30a.m.
I Staff
OCWD Board, Sept 3, 5:00 p.m.
Staff
Planninq-Engineering-Operations Committee, Sept 4, 4:00 p.m.
Mills/Armstrong
Finance-Accounting Committee, Sept 9, 4:00 p.m.
I Beverage/Summerfield
Yorba Linda Planning Commission, Sept 10, 7:00 p.m.
Summerfield
District Board Meeting, Sept 11, 8:30 a.m.
Executive-Adm'n-Organizational Committee, Sept 16, 4:00 p.m.
Summerfield/Mills
Yorba Linda CI .y Council, Sept 16, 6:30 p.m.
MWDOC Board, Sept 17, 7:30 a.m.
I Staff
OCWD Board, Sept 17, 5:00 p.m.
I Staff
Personnel-Risk Management. Committee, Sept 22, 4:00 p.m.
Alt. Summerfield/Collett
Yorba Linda Planning Commission, Sept 24, 7:00 p.m.
Collett
District Board Meeting, Sept 25, 8:30 a.m.
-6-
I
October 2008
FMWDOC/MWD Joint Workshop, Oct 1, 7:30 a.m.
Staff
OCWD Board, Oct 1, 5:00 p.m.
I Staff
Planning-Engineering-Operations Committee, Oct 2, 4:00 p.m.
Mills/Armstrong
Public Information Committee, Oct 7, 4:00 p.m.
I Collett/Beverage
Yorba Linda City Council, Oct 7, 6:30 p.m.
I Summerfield
District Board Meeting, Oct 9, 8:30 a.m.
Personnel-Risk Management Committee, Oct 13, 4:00 p.m.
I Armstrong/Collett
Finance-Accountinq Committee, Oct 14, 4:00 p.m.
I Beverage/Summerfield
MWDOC Board, Oct 15, 7:30 a.m.
I Staff
OCWD Board, Oct 15,5:00 p.m.
I Staff
Yorba Linda Planning Commission, Oct 15, 7:00 p.m.
I Collett
Executive-Admin-Organizational Committee, Oct 21, 4:00 p.m.
Summerfield/Mills
Yorba Linda City Council, Oct 21, 6:30 p.m.
I Mills
District Board Meeting, Oct 23, 8:30 a.m.
MWDOC Ad Hoc Committee Meeting, Oct 28,4:00 p.m.
Mills/Collett
Yorba Linda Planning Commission, Oct 29, 7:00 p.m.
I Summerfield
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
ADJOURN TO CLOSED SESSION
13. None
ADJOURNMENT
On a motion by Director Beverage, seconded by Director Collett, the Board of Directors
voted 5-0 to adjourn at 10:05 a.m. to a regular meeting of the Board of Directors
scheduled for September 11, 2008, at 8:30 a.m., at 1717 E. Miraloma Avenue,
Placentia 92870.
-7-
ITEM NO.
AGENDA REPORT
Board Meeting Date: September 11, 2008
To: Board of Directors
From: Michael A. Payne, General Manager
Staff Contact: Diane Cyganik, Finance Director
Reviewed by General Counsel: N/A Budgeted:
Funding Source:
CEQA Account No:
Compliance: N/A Estimated Costs:
APPROVED BY THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
S E P 1 1 2008
QY_Y'"v
Yes Total Budget: N/A
All Funds
N/A Job No: N/A
$1,627,848.19 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 $160.00 to
Bank of America for August 2008 visa payment; a wire of $48,427.54 to First Regional Bank for
Job 0704 retention payment; a check of $72,585.79 to Godwin Pumps for Production
department Pumpset; a check of $442,415.79 to Schuler Engineering Corporation for Job 0309
progress payment; and, a check of $436,027.86 to SSC Construction for Job 0704 progress
payment. The balance of $402,199.15 is routine invoices.
In summary, the check register total is $1,401,816.13; payroll No. 17 total is $226,032.06; and,
the disbursements of this agenda report are $1,627,848.19. A summary of the checks is as
follows:
Pavables:
Manual Checks Check Nos. 49893 - 49894
Computer Checks Check Nos. 49895 - 49974
Pavrol1 #17:
Computer Checks
Check Nos.
4118
- 4121
Manual Checks
Check Nos.
4122
- 4125
Void Checks
Check Nos.
4126
- 4127
Manual Checks
Check Nos.
4128
- 4132
The disbursement total for the current period is 1,627,848.19, distributed as follows:
Water $1,607,567.32
Sewer $ 19,872.70
ID #1 $ 0.00
ID #2 $ 408.17
TOTAL $1,627,848.19
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 $1,627,848.19.
September 11, 2008
CHECK NUMBERS
49893 TO 49974
$
1,353,228.59
WIRES:
W-91108 Bank of America
$
160.00
W-91108A First Regional Bank
$
48.427.54
$
48,587.54
TOTAL OF CHECKS AND WIRES:
$ 1,401,816.13
PAYROLL NO. 17:
CHECK NUMBERS:
4118 TO 4132
$ 226,032.06
TOTAL:
$ 1,627,848.19
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF SEPTEMBER 11, 2008
TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS
AS FOLLOWS:
WATER $1,607,567.32 SEWER $ 19,872.70
ID#1 $ 0.00 ID#2 $ 408.17
TOTAL: $1,627,848.19
Yorba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 08-29-08 THRU 09-11-08
Check. Check... Posting. Vendor Name Check.....
No Date Date Amount
49900
09-11-08
09-11-08
ABIGAIL ABBOTT STAFFING SVC
2,329.00
49895
09-11-08
09-11-08
ACS DEVELOPMENT GRP INC
701.30
49894
09-04-08
09-04-08
ADP
300.00
49896
09-11-08
09-11-08
ANGELIQUE HUNTER
63.97
49901
09-11-08
09-11-08
APOLLO TECHNOLOGIES INC.
1,250.00
49902
09-11-08
09-11-08
AQUA-METRIC SALES CO.
1,159.43
49903
09-11-08
09-11-08
ARTISTIC MAINTENANCE, INC
3,495.60
49904
09-11-08
09-11-08
AT&T
8.11
49905
09-11-08
09-11-08
AT&T/MCI
5,585.77
W91108
09-11-08
09-11-08
BANK OF AMERICA
160.00
49897
09-11-08
09-11-08
BECKY WOOD
42.49
49906
09-11-08
09-11-08
BRIAN VARGAS
156.43
49907
09-11-08
09-11-08
BROWN AND CALDWELL
250.00
49908
09-11-08
09-11-08
CADET UNIFORM SERVICE
568.42
49909
09-11-08
09-11-08
CDW-G GOVERNMENT, INC
535.75
49910
09-11-08
09-11-08
CERIDIAN BENEFITS SERVICES
100.00
49911
09-11-08
09-11-08
CITIZEN'S BUSINESS BANK
49,157.31
49912
09-11-08
09-11-08
CITY OF PLACENTIA
5,577.64
49913
09-11-08
09-11-08
CLA-VAL CO.
3,812.15
49914
09-11-08
09-11-08
COM SER CO
3,476.36
49915
09-11-08
09-11-08
CYNTHIA MEJIA
208.85
49916
09-11-08
09-11-08
DAYSPRING PEN SHOP
2,822.41
49917
09-11-08
09-11-08
DOSE, INC.
35,810.00
49918
09-11-08
09-11-08
DELL MARKETING L.P.
1,816.45
49919
09-11-08
09-11-08
DIAZ & ASSOCIATES
5,250.00
49920
09-11-08
09-11-08
E. G. BRENNAN & CO., INC
506.00
49921
09-11-08
09-11-08
FASTENAL COMPANY
612.21
91108A
09-11-08
09-11-08
FIRST REGIONAL BANK
48,427.54
49922
09-11-08
09-11-08
FRY'S ELECTRONICS
575.61
49923
09-11-08
09-11-08
FULLER TRUCK ACCESSORIES
1,216.98
49924
09-11-08
09-11-08
GEORGE TANNER
50.00
49925
09-11-08
09-11-08
GODWIN PUMPS
72,585.79
49926
09-11-08
09-11-08
GRIFFITH AIR TOOL, INC.
3,004.34
49927
09-11-08
09-11-08
HARDY & HARPER INC.
5,600.00
49928
09-11-08
09-11-08
HOME DEPOT CREDIT SERVICES
86.00
Yorba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 08-29-08 THRU 09-11-08
Check. Check... Posting. Vendor Name Check.....
No Date Date Amount
49929
09-11-08
09-11-08
INFOSEND
5,261.24
49930
09-11-08
09-11-08
INTERIORS BY JANI-TRESS
4,718.19
49931
09-11-08
09-11-08
J & S CONSTRUCTION
835.31
49932
09-11-08
09-11-08
JOBS AVAILABLE
35.00
49933
09-11-08
09-11-08
LIEBERT CASSIDY WHITMORE
9,310.10
49934
09-11-08
09-11-08
LOS ANGELES TIMES-DELIVERY
63.00
49935
09-11-08
09-11-08
MANAGEMENT ACTION PROGRAMS INC
1,900.00
49936
09-11-08
09-11-08
MC FADDEN-DALE HARDWARE
627.16
49937
09-11-08
09-11-08
MC MASTER-CARR SUPPLY CO.
194.54
49893
08-29-08
08-29-08
McCORMICK,KIDMAN & BEHRENS LLP
18,674.21
49898
09-11-08
09-11-08
MCMUSA INC
272.50
49938
09-11-08
09-11-08
MEASUREMENT CONTROL SYSTEMS
145.34
49939
09-11-08
09-11-08
MINUTEMAN PRESS
398.40
49940
09-11-08
09-11-08
MOBILE HOSE & HYDRAULIC SUPPLY
146.22
49941
09-11-08
09-11-08
NEXTEL OF CALIFORNIA
1,950.79
49942
09-11-08
09-11-08
OFFICE SOLUTIONS
503.34
49943
09-11-08
09-11-08
ORANGE COUNTY - SANITATION
1,124.22
49944
09-11-08
09-11-08
PACIFIC PARTS & CONTROLS, INC.
165.45
49945
09-11-08
09-11-08
PARTITION SPECIALTIES INC.
2,900.00
49946
09-11-08
09-11-08
PETE'S PARTS & ACCESSORIES
356.48
49947
09-11-08
09-11-08
PRAXAIR DISTRIBUTION
27.05
49948
09-11-08
09-11-08
PSOMAS & ASSOCIATES
24,185.28
49949
09-11-08
09-11-08
R J SERVICES, INC
3,887.68
49950
09-11-08
09-11-08
SACRAMENTO ADVOCATES
6,000.00
49951
09-11-08
09-11-08
SC FUELS
1,361.88
49952
09-11-08
09-11-08
SCHULER ENGINEERING CORP.
442,415.79
49953
09-11-08
09-11-08
SCOTT W. MOULTON
4,462.50
49954
09-11-08
09-11-08
SOUTH COAST AQMD
402.21
49955
09-11-08
09-11-08
SOUTHERN CALIF EDISON CO.
91,432.70
49956
09-11-08
09-11-08
SOUTHERN CALIF GAS CO.
30,020.68
49957
09-11-08
09-11-08
SPINITAR
31,924.67
49958
09-11-08
09-11-08
SSC CONSTRUCTION, INC
436,027.86
49959
09-11-08
09-11-08
STACY BAVOL/PETTY CASH
164.46
49960
09-11-08
09-11-08
STAPLES BUSINESS ADVANTAGE
468.65
49961
09-11-08
09-11-08
STATE CHEMICAL MANUFACTURING
333.11
Yorba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 08-29-08 THRU 09-11-08
Check. Check..
No Date
49962 09-11-08
49899 09-11-08
49963 09-11-08
49964 09-11-08
49965 09-11-08
49966 09-11-08
49967 09-11-08
49968 09-11-08
49969 09-11-08
49970 09-11-08
49971 09-11-08
49972 09-11-08
49973 09-11-08
49974 09-11-08
Posting. Vendor Name
Date
09-11-08 TECH CONFERENCES INC.
09-11-08 TOLL BROTHERS
09-11-08 TOWNSEND PUBLIC AFFAIRS, INC.
09-11-08 UNDERGROUND SERVICE ALERT
09-11-08 UNITED INDUSTRIES
09-11-08 USA BLUE BOOK
09-11-08 VERIZON WIRELESS
09-11-08 VILLAGE NURSERIES
09-11-08 VISION SERVICE PLAN
09-11-08 WEIR CANYON CHEVROLET
09-11-08 WELLS SUPPLY CO
09-11-08 WESTSIDE BUILDING MATERIAL
09-11-08 YORBA LINDA AUTO PARTS
09-11-08 YORBA LINDA HARDWARE
Check.....
Amount
3,587.00
35.33
5,240.00
180.00
981.73
205.23
423.33
51.83
1,678.57
17.92
8,383.76
552.91
431.04
49.56
1,401,816.13
ITEM NO. 3
AGENDA REPORT
Board Meeting Date: September 11, 2008
To: Board of Directors
From: Michael A. Payne, General Manager
Staff Contact: Arthur G. Kidman, Legal Counsel
Reviewed by General Counsel: Yes Budgeted: N/A
Funding Source: N/A
CEQA Account No: N/A
Compliance: N/A Estimated Costs: N/A
APPROVED BY THE BOARD OF DIRECTORS
OF THE YORBA LINDAWATER DISTRICT
SEP 1 1 2008
BY a-t)
Dept:
Job No: N/A
Subject: Legal Implications of Director Armstrong's Request for a 4 Month Leave of Absence
SUMMARY:
For personal reasons, Director Paul Armstrong has requested a leave of absence for four
months in 2009. During that time he will be unavailable and thus unable to perform his duties as
a director for the Yorba Linda Water District ("YLWD"). The legal implications of Director
Armstrong's leave are (1) a possible vacancy on YLWD's Board, and (2) inability of the Board to
hold special and/or emergency meetings in his absence. These consequences may be avoided,
however, if the Board consents to his absence by taking formal action according to the agenda
requirements of the Ralph M. Brown Act, and Director Armstrong waives written notice of
special and emergency meetings. (Gov't Code 1770(g), 1620.)
DISCUSSION:
Legal counsel has reviewed whether Director Armstrong's leave of absence will create a
vacancy on YLWD's Board. A vacancy in office is created if a director is absent for more than
60 days without "the permission required by law." (Gov't Code 1770(f)-(g).) The
Government Code states the consent of the governing body of a municipality constitutes the
"permission required by law." 1062.) Courts have held that county water districts, such as
YLWD, are "municipal corporations." (Glenbrook Development Co. v. Brea (1967) 253
Cal.App.2d 267, 277.) Therefore, Director Armstrong's four month absence will not create a
vacancy on YLWD's Board if the Board consents to his absence.
Another legal implication of Director Armstrong's extended absence is that it would make it
difficult for the Board to give him written notice of special and/or emergency meetings. (Gov't
Code 54956, 54956.5.) Without effectuating written notice to Director Armstrong, the Board
could not hold such meetings in his absence unless he waives written notice in advance.
PRIOR RELEVANT BOARD ACTION(S):
The Board routinely adopted the "director's out-of-state motion" until 2004.
STAFF RECOMMENDATION:
The Board adopt a motion to grant Director Armstrong permission to be absent from the state as
requested, subject to Director Armstrong providing a written waiver of the written notice of
special and emergency meetings under the Brown Act.
ITEM NO. Y
AGENDA REPORT
APPROVED BY THE BOARD OF DIRECTORS
Board Meeting Date: September 11, 2008 OF THE YORBA LINDA WATER DISTRICT
To: Board of Directors S E P 1 1 2008
From: Michael A. Payne, General Manager By 0-v
Staff Contact: Ken Vecchiarelli, Assistant General Manager
Joe Polimino, Project Engineer
Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 11.5M
Funding Source: District and Developer Funds
CEQA Account No: 101-2700 Job No: 200704
Compliance: Mitigated Neg. Dec. Estimated Costs: $ 11.5M Dept: Eng
Subject: Progress Payment No. 16 for the Lakeview Reservoir Construction
SUMMARY:
On January 25, 2007, the District Board of Directors authorized the execution of an agreement
with SSC Construction, Inc. (SSC) for construction of an 8-million gallon underground concrete
reservoir, piping and appurtenances. The project also includes demolition of the existing
Bastanchury Booster Pump Station and Reservoir (two steel storage tanks). The site is located
north of Bastanchury Road off the new Lakeview Avenue extension, north of the Hover
Development and south of Vista Del Verde's Village 4. When completed, the project will
increase operational, fire and emergency storage capacity, retain better water quality through
improved circulation and improve reliability of the water system.
DISCUSSION:
In accordance with the contract documents, SSC submitted a request for Progress Payment No.
16, in the amount of $436,027.86 for completed work through August 31, 2008. During this
period, the contractor continued piping, mechanicals and miscellaneous hardware installation in
both reservoir bays. General backfill and rough grading on the site continues. Excavation for the
next interior retaining wall footing began, with completion of outlet drain piping.
The status of the construction contract with SSC Construction,. Inc. is as follows:
• The current contract is $10,697,781.37 and 574 calendar days starting June 18, 2007.
• If approved, Progress Payment No. 16 is $484,475.40 (4.5% of the total contract
amount), less 10% retention of $48,447.54 for a net payment of $436,027.86.
• Total payments to date including retention are $9,573,963.92 (89.5% of the total
contract amount).
• As of August 31, 2008, 441 calendar days were used (76.8% of the contract time).
Staff and Butier, the District's construction manager for the project, have reviewed the
contractor's progress payment and recommend approval. A copy of Progress Payment No. 16
is attached for your reference.
COPY
PRIOR RELEVANT BOARD ACTION(S):
On January 25, 2007, the District Board of Directors approved and awarded a construction
contract with SSC Construction, Inc. in the amount of $10,489,500 for construction of an 8
million gallon underground concrete reservoir, piping and appurtenances, and demolition of the
existing Bastanchury Booster Pump Station and Reservoir. On April 10, 2008, the District Board
of Directors approved Change Order No. 1 increasing the total contract amount to $10,639,500
and total contract calendar days to 547. On June 30, 2008, staff approved Change Order No. 2
in the net amount of $2,887.92 increasing the total contract to $10,642,387.92. On July 10,
2008, the Board of Directors approved Change Order No. 3 in the amount of $55,393.45 and an
additional 17 calendar days to be added to the contract. The Board has approved fifteen
progress payments to date for this project, the most recent of which was approved on August
14, 2008.
STAFF RECOMMENDATION:
Approve Progress Payment No. 16 in the net amount of $436,027.86 to SSC Construction, Inc.
for construction of the Lakeview Reservoir Project, Job No. 200704.
YORBA LINDA WATER DISTRICT
PROGRESS PAY REPORT
PROJECT Lakeview Reservoir Project PROGRESS PAY REQUEST NO. 16
LOCATION Yorba Linda, CA PROJECT NO. 200704 PAGE 1 OF 1 PAGES
CONTRACTOR SSC Construction, Inc. DATE 8/31/08
ORIGINAL CONTRACT AMOUNT: $ 10,489,600.00
AUTHORIZED CHANGE ORDERS: 208,281.37
REVISED CONTRACT AMOUNT: 1018971781.37
PROGRESS PAY ESTIMATE FOR PERIOD
VALUE OF WORK COMPLETED
TOTAL VALUE OF WORK COMPLETED
LESS RETENTION 10%
LESS OTHER DEDUCTIONS
NET EARNED TO DATE
LESS AMOUNT PREVIOUSLY PAID
BALANCE DUE THIS ESTIMATE
NOTICE TO PROCEED
August 1, 2008
PREVIOUS
$ 8,881,207.151$
$ 208,281.37 1 $
$ 9,089,488.521s
June 18, 2007
COMPLETION TIME 487 CALENDAR DAYS
APPROVED TIME EXTENSIONS 87 CALENDAR DAYS
TOTAL CONTRACT TIME 574 CALENDAR DAYS
TIME EXPENDED TO DATE 441 CALENDAR DAYS
TIME REMAINING 133 CALENDAR DAYS
REQUESTED BY: t -
er, Asst. Contro ler, SSC Construction Inc.
0
rent B76
APPROVED BY:
Johnhunt, C;-'s rucanager, 8utier Englneering
APPROVED BY.,
ennet~Vecc iare li, Assistant General Manager, YLWD
TO August 31, 2008
THIS MONTH
TO DATE
484,475.40 I $
9,365,682.55
- 1 $
208,281.37
484,475.40 $
9,573,963.92
$
957,396.39
$
8,616,567.53
$
8,180,539.67
$
436,027.86
DATE: ('/2-~
DATE: 13 / °L9 /45 e
DATE: Mg A d
ITEM NO. 6'
AGENDA REPORT
APPROVED BY THE BOARD OF DIRECTORS
Board Meeting Date: September 11, 2008 OF THE YORBA LINDA WATER DISTRICT
To: Board of Directors S E P 1 1 2008
From: Michael A. Payne, General Manager BY
Staff Contact: Ken Vecchiarelli, Assistant General Manager
Leon de los Reyes, Water Quality Engineer
Reviewed by General Counsel: No Budgeted: Yes Total Budget: $ 11.2M
Funding Source: Water Revenue Bond
CEQA Account No: 102-2700 Job No: 200309
Compliance: Mitigated Neg. Dec. Estimated Costs: $ 11.2M Dept: Eng
Subject: Progress Payment No. 4 for the Highland Reservoir Replacement Project
SUMMARY:
The Highland Reservoir is a critical element of the District's water supply chain. The existing
structure has surpassed its useful life and has become a potential water quality and
maintenance liability. Increasing the size and reliability of the Highland Reservoir, as
recommended in the District's 2005 Domestic Water System Master Plan, improves system
integrity, service reliability and secures flexibility in the District's service by further optimizing
groundwater production and transmission capabilities.
The Board of Directors awarded a contract to Schuler Engineering for construction of the
Highland Reservoir Replacement Project on April 10, 2008 and approved a project construction
budget of $11.2M on May 15, 2008.
DISCUSSION:
In accordance with the contract documents, Schuler Engineering Corporation submitted a
request for Progress Payment No. 4 for the period ending August 31, 2008. This progress pay
request is 66% mobilization including bonds, insurance certificates, project related office
expenses, 82% site clearing and storm water pollution prevention plan, 1 % demolition, 9% site
work, 50% shoring and sheet bracing, 28% electrical, telemetery, instrumentation and controls
related to the temporary tanks and the new reservoir, 23% of underground yard piping, 90%
pothole and survey of utilities, and 3% of temporary tank work.
The status of the construction contract with Schuler Engineering is as follows:
• The current contract is $9,049,346 and 730 calendar days starting June 2, 2008.
• If approved, Progress Payment No. 4 is $491,573.10 (5.4% of the total contract amount),
less 10% retention of $49,157.31 for a net payment of $442,415.79.
• If approved, total progress payments to date including retentions are $1,157,535.80
(12.8% of the contract amount)
• As of August 31, 2008, 91 calendar days were used (12.5% of the contract time).
COPY
Staff and Carollo Engineers, the District's construction management consultant, reviewed the
progress payment request and recommend payment. A copy of Progress Payment No. 4 is
attached for your information.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors awarded a construction contract to Schuler Engineering on April 10,
2008 in the amount of $9,049,346 for construction of the project. On May 15, 2008, the Board
approved execution of a Professional Service Agreement with Carollo Engineers in the amount
of $605,856 for engineering support services, construction management and backup inspection
services; a Professional Service Agreement with Leighton Consulting Engineers in the amount
of $86,200 for geotechnical services, soils, concrete and materials testing; a Professional
Service Agreement with BonTerra Consulting in the amount of $22,251 for environmental
compliance services; and approved the proposed construction budget in the amount of
$11,200,000 for construction of the Highland Reservoir Replacement Project. The Board has
approved three progress payments to date, the most recent of which was approved on August
14, 2008.
STAFF RECOMMENDATION:
Staff recommends the Board of Directors approve Progress Payment No. 4 in the net amount of
$442,415.79 to Schuler Engineering Corporation for construction of the Highland Reservoir
Replacement Project, Job No. 200309.
YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT
PROJECT Highland Reservoir PROGRESS PAY REQUEST NO. 4
LOCATION Yorba Linda PROJECT NO. J- PAGE 1 OF 1 PAGES
200309
CONTRACTOR Schuler Engineering DATE Auqust 31,2008
ORIGINAL CONTRACT AMOUNT: $
AUTHORIZED CHANGE ORDERS: $
REVISED CONTRACT AMOUNT: $
PROGRESS PAY ESTIMATE FOR PERIOD
VALUE OF WORK COMPLETED
CHANGE ORDER WORK COMPLETED
TOTAL VALUE OF WORK COMPLETED
LESS RETENTION 10%
LESS OTHER DEDUCTIONS
AMOUNT DUE THIS ESTIMATE
LESS AMOUNT PREVIOUSLY PAID
BALANCE DUE THIS ESTIMATE
NOTICE TO PROCEED
COMPLETION TIME
APPROVED TIME EXTENSIONS
TOTAL CONTRACT TIME
TIME EXPENDED TO DATE
TIME REMAINING
9,049,346
9,049,346
August 1,2008 TO August 31,2008
PREVIOUS
THIS MONTH
TO DATE
$
665,962.70 1 $
491,573.101 $
1,157,535.80
$
-I$
-I$
-
$
665,962.70 I $
491,573.101 $
1,157,535.80
$
115,753.58
$
1,041,782.22
$
599,366.43
$
442,415.79
June 2,2008
730 CALENDAR DAYS
CALENDAR DAYS
730 CALENDAR DAYS
91 CALENDAR DAYS
639 CALENDAR DAYS
4C&ER REQUESTED BY:
"ENGINEERING-CO TRACTOR
R
APPROVED BY:
4CR LO-OWNER'S- REPRESENTATIVE
APPROVED BY: /,~x G \ ICS ,O~ a~z
YLWD- OWNER
DATE: 1
DATE:/i7/ j~
DATE: 1
ITEM NO. &
Board Meeting Date: September 11, 2008
To: Board of Directors
AGENDA REPORT
APPROVED BY THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
SEP 1 1 2008
BY
From: Michael A. Payne, General Manager
Staff Contact: Ken Vecchiarelli, Assistant General Manager
Ariel Bacani, Engineering Technician
Reviewed by General Counsel:
CEQA Compliance: N/A
Pending Budgeted: N/A
Funding Source: N/A
Account No:
Estimated Costs: N/A
Dept: Eng
Job No: 200424
Subject: Declaration of Restrictive Covenants with Upper K Shapell.
SUMMARY:
The District has an easement within Upper K Shapell's Lucia Kust Park property. The applicant
is requesting to construct a block wall within the District's easement. It is District policy to protect
our easement rights by considering such requests carefully and further requiring the recordation
of a Declaration of Restrictive Covenants whenever nonconforming improvements are allowed
within these easements.
DISCUSSION:
Upper K Shapell has requested District permission to construct low retaining walls within the
dedicated sewer easement at Lucia Kust Park. The proposed improvements will run parallel to
the existing sewer line in the southwest portion of the park, and perpendicular, near the park's
southeast corner. Staff reviewed the encroachment request and determined the improvements
would have minimal impact on operations and maintenance of the District's facilities. However,
to further protect the District's interest staff recommends execution of the attached Declaration
of Restrictive Covenants, subject to approval as to form by General- Counsel. An exhibit
depicting the location of the proposed encroachment is attached for your reference.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors, has authorized execution of similar declarations of restrictive covenants
with various developers and property owners.
STAFF RECOMMENDATION:
Authorize the President and Secretary to execute the Declaration of Restrictive Covenants with
Upper K Shapell, subject to approval as to form by General Counsel.
COPY
RECORDING REQUESTED BY and when
recorded return to:
Yorba Linda Water District
P.O. Boa 309
Yorba Linda, California 92885-0309
This is to certify that this Declaration of
Restrictive Coven= is presented for recording
under the provisions of Gov. Code Sec. 27383 by
the Yorba Linda Water District in performance of
an official service thereof.
Michael A. Payne - Secretary
Space Above This Line for Recorder's Use
DECLARATION OF RESTRICTIVE. COVENANTS
(ENCROACHMENT ON DISTRICT EASEMENT)
Job No. 200424
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made this 11th
day of September, 2008, by and between YORBA LINDA WATER DISTRICT ("YLWD"), a public
agency, created and operating under the authority of Division 12 of the California Water Code, and
UPPER K RANCH CORP., A CALIFORNIA CORPORATION, DB/A UPPER K-SHAPELL, A
JOINT VENTURE ("Owner"), with reference to the following recitals of fact:
RECITALS
A. The Owner is the legal owner of that certain real property, Lucia Kust Park, located at
Yorba Linda, California 92886 ("Subject Property"), which is more particularly described as follows:
IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, BEING A PORTION OF THE LAND OF SAMUEL
KRAEMER AS SHOWN ON A RECORD OF SURVEY, FILED IN BOOK
2, PAGE 21 OF RECORD OF SURVEYS IN SAID COUNTY.
B. YLWD owns an Easement, as identified on Deed of Easement, recorded on September 9,
2005, in Instrument No. 20050007 1 243 1, Official Records of Orange County, California ("Easement"),
across a portion of the Subject Property. Within the Easement, YLWD owns and maintains a sewer
main ("District Facilities")
C. The Owner desires to construct and install a low retaining wall and related construction
(collectively herein referred to as "Improvements") within or along the Easement area (hereinafter,
"Encroachment"), as illustrated in Exhibit "A" attached hereto and incorporated by reference herewith.
D. YLWD conditionally consents to Encroachment of the Improvements within or along the
Easement area as stipulated in this Declaration. Owner is aware that the Improvements may lead to
problems affecting and/or interfering with YLWD's use of the Easement.
E. Although the construction or existence of walls, structures, and/or other improvements
within or along the Easement area may interfere or restrict YLWD's Easement rights, the Owner
wishes to construct and use the Improvement within or along the Easement area.
NOW, THEREFORE, incorporating the above recitals, YLWD and Owner declare as follows:
1. Covenant Running with Land. This Declaration constitutes a covenant running with the land
as provided by the California Civil Code section 1468 and shall benefit, burden, and bind the
successive owners of the Subject Property and the Easement.
2. Successors and Assigns Bound. Since Owner wishes to pursue the Encroachment, this
Declaration obligates the current and future owners of the Subject Property to remedy any future
adverse events and to fund any necessary maintenance costs on the Easement and/or Subject
Property that may arise in full or in part due to the existence, construction, or damages caused by
the Encroachment.
3. Damages to District Facilities. Owner assumes full responsibility, liability and shall pay for
any cost(s) or damage(s) to the District Facilities and appurtenant structures, arising from or
related to the construction, existence, and/or use of the Improvements. YLWD shall not be
responsible for any cost(s) or damage(s) to the District Facilities and appurtenant structures that
arise from the Encroachment.
4. Damages to Third Parties. Owner, its successors or assigns, agrees to indemnify and hold
YLWD, its officers, directors, employees, agents and consultants, harmless against any third
party claims related to or arising out of the construction, existence and/or use of the
Improvements.
5. Damages to Improvements. Owner acknowledges that the Improvement may be damaged or
demolished to permit reasonable access to or reasonable work within and under the Easement
area. YLWD, its officers, directors, employees, agents and consultants, shall not be responsible
for any damage(s) to or because of the Improvement which results from YLWD's exercise of
rights under the Easement. Owner, its successors or assigns, waives all known, unknown, and
future claims, liabilities, causes of action, and expenses (including, but not limited to, attorneys'
fees) against YLWD, its officers, directors, employees, agents and consultants, for losses and
damages to the Improvement and from any obligation to protect, preserve, repair, or replace the
Improvement. Construction, use, protection, repair and replacement of the Improvement shall be
entirely the risk and obligation of Owner, its successors or assigns, even if damage is caused by
YLWD.
b. Recording of Agreement. This Declaration shall be recorded in the Office of the Recorder of
the County of Orange, California, and shall constitute notice to all successors and assigns of the
title to the Subject Property of the rights and obligations set forth herein.
Approved as to Form:
McCormick, Kidman & Behrens, LLP
`
ur G. id an
General Counsel
YORBA L A W TER DISTRICT:
,r
John W. Summerfield
;President
Michael A. Payne
Secretary
UPPER K RANCH /CORP, ;ORNIA CORPORATION,
D/B/A UPPER K-S) ] VENTURE.
Name: Culr~' ns
Title: IC Preside(nnt
~
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Name: Marga et Leon,~~
Title: Vice Presidefi*
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 22, 2008 before me,
Date
Ann Pellant, Notary Public
Here Insert NamA and Title of tho Officer
personally appeared Alan Cummins and Margaret Leong
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)-isfare subscribed to the
within instrument and acknowledged to me that
Ua4sWthey executed the same in- gw/their authorized
capacity(ies), and that by-I;W44w/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
ANN PELLANT
Commission # 1532397
Q
Notary Public - California
I certify under PENALTY OF PERJURY under the laws
Los Angeles County
of the State of California that the foregoing paragraph is
My Comm. Expires Dec 6, 2008
true and correct.
WITNESS my hand and official seal.
Signature~
~
Place Notary Seal Above
Signatur
y Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
Number of Pages:
Signer's Name:
❑ Individuate
❑ orate Officer - Title(s):
Partner - ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator / ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Represe Signer Is Representing:
.~nc,,a~ncuramac,~x.bcavn~.ra~r~arnrnc,ac.~a~,avrara~r~a~,a~,a~ra~ror~a~~aa:.Y.:; 4•
02007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827
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11~ - -PROPOSED
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PREPARED BY:
N L YORBA LINDA WATER DISTRICT EXHIBIT "A"
LUCIA KUST PARK SEWER EASEMENT
ME 1717 MIRALOMA AVENUE ENCROACHMENT
PLACENTIA, CALIFORNIA 92870
IZ
SCALE:
N.T.S.
DATE:
09-03-08
FILENAME:
ITEM NO.
AGENDA REPORT
Board Meeting Date: September 11, 2008
To: Board of Directors
From: Michael A. Payne, General Manager
Staff Contact: Arthur G. Kidman, District Counsel
Reviewed by General Counsel: Yes Budgeted: N/A
Funding Source: N/A
CEQA Account No: N/A
Compliance: N/A Estimated Costs: N/A
Subject: 2008 Conflict of Interest Biennial Review
APPROVED BY THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
S X P 1 1 2008
BY
Total Budget: N/A
Job No:
Dept: Admin
SUMMARY:
The Political Reform Act requires every local government agency to review its conflict of interest
code biennially to determine if it is accurate or requires amendment. State law stipulates that
the Orange County Board of Supervisors is the code reviewing body for the Yorba Linda Water
District's Conflict of Interest Code.
DISCUSSION:
The Clerk of the Board of Supervisors has notified the District it is time for the biennial review of
the District's Conflict of Interest Code. If changes are required, they must be submitted to the
Board of Supervisors before October 1, 2008.
YLWD has adopted the model code as recommended by
Commission (FPPC) under Section 18730 of its regulations.
prepared by the FPPC, YLWD can be assured it contains all
believes are necessary for a complete and comprehensive code.
code is adopted, any changes in Code requirements are automat
code.
the Fair Political Practices
Since the model code was
of the provisions the FPPC
Additionally, once the model
ically included in the District's
Staff has reviewed the current list of positions and classifications and recommends Appendix "A"
be amended to reflect revised job titles and deleted positions. All of the changes are highlighted
in Appendix "A".
Resolution No. 08-10 incorporates all of the changes specified above and rescinds the current
conflict of interest code adopted by Resolution 04-05.
PRIOR RELEVANT BOARD ACTION(S):
The District reviews the conflict of interest codes biennially as required by Government Code
Section 87306.5. The last time amendments were made to the District's Conflict of Interest
Code was on September 23, 2004 by Resolution 04-05.
STAFF RECOMMENDATION:
It is recommended the Board of Directors adopt Resolution No. 08-10 and Appendix "A" of the
District's Conflict of Interest Code and direct the Secretary to file the District's Conflict of Interest
Code and Appendix "A" with the Orange County Board of Supervisors prior to October 1, 2008.
COMMITTEE RECOMMENDATION:
The Executive-Administrative-Organizational Committee reviewed the proposed Conflict of
Interest Code at their meeting on August 13, 2008 and recommends the Board of Directors
adopt Resolution No. 08-10.
RESOLUTION NO. 08-10
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING A CONFLICT OF INTEREST CODE
AND RESCINDING RESOLUTION NO. 04-05
WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000, et seq.,
requires every state and local government agency to adopt and promulgate a
Conflict of Interest Code and to amend the Code as necessitated by the
changed circumstances to conform to the requirements of the Act; and,
WHEREAS, the Board of Directors by Resolution 92-21 adopted a Conflict of Interest
Code which incorporates the Model Conflict of Interest Code promulgated by
the Fair Political Practices Commission of the State of California and specified
by Appendix the designated positions for which reporting is required and the
categories of financial interests required to be disclosed; and,
WHEREAS, this Code was amended in 1994 by Resolution No. 94-17, in 1996 by
Resolution No. 96-13, in 1998 by Resolution No. 98-13, with the latest
amendments being adopted by Resolution No. 04-05 and filed with the
Orange County Board of Supervisors in September of 2004; and
WHEREAS, the Board of Directors at their regular Board of Directors meeting of
September 11, 2008 finds that additional changes in staffing require the Code
to be amended and that the changes are incorporated into this Resolution and
in accordance with the Political Reform Act.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water
District as follows:
Section 1. The terms of Title 2 California Code of Regulations Section 18730 and any
amendments to it duly adopted by the Fair Political Practices Commission and
the attached "Appendix A" in which officials and employees are designated
and disclosure categories are set forth, are hereby incorporated by reference
and constitute the Conflict of Interest Code for the Yorba Linda Water District.
Section 2. Persons holding designated positions shall file statements of economic
interests pursuant to the adopted Conflict of Interest Code.
Section 3. The Board determines and finds that the position of Director is a public official
who manages public investments within the meaning of Government Code
Section 87200. The Board further determines that the General Manager has
authority to designate other officials who shall have limited discretion over the
investment of public funds and that such persons are also within the scope of
Government Code Section 87200. As such the positions of Director, General
Manager, and any person designated by the General Manager to manage
public investments shall report under Article 2 of the Political Reform Act and
shall not be a designated position under the Conflict of Interest Code.
Section 4. The positions of "Human Resources Manager, Information Technology
Director" have been added and the position of "Business Manager has been
changed to Finance Director" and collectively hereby incorporated into this
Resolution as designated positions and those performing consultant services
shall disclose pursuant to the broadest disclosure category in the Code,
unless the General Manager makes a determination in writing that the limited
scope of the consultant's duties does not require the broadest disclosure.
Such written determination shall include a description of the consultant's
duties and, based upon that description, a statement of the extent of
disclosure required. The General Manager's determination is a public record
and shall be retained for public inspection in the same manner and location as
the Conflict of Interest Code.
Section 5. The District Secretary shall forward a copy of this Resolution, together with
"Appendix A" of the Yorba Linda Water District's Conflict of Interest Code, to
the Orange County Board of Supervisors for review and approval as required
by California Government Code Section 87306.5.
Section 6. That Resolution No. 04-05 and all conflicting minute orders are hereby
rescinded immediately following adoption of this Resolution.
PASSED AND ADOPTED this 11th day of September 2008, by the following called vote:
Ayes:
Noes:
Absent:
President, John W. Summerfield
Yorba Linda Water District
ATTEST:
Secretary, Michael A. Payne
Yorba Linda Water District
CONFLICT OF INTEREST CODE
YORBA LINDA WATER DISTRICT
APPENDIX A
To Resolution No. 08-10
Designated Positions and Disclosure Categories
Public Officials, Consultants
and Designated Positions
Category of types of Business Entity,
Investment, Sources of Income or
Real Property Disclosable
Candidates for Director
Assistant General Manager
Auditor
Attorneys
Assistant Administrator 11
Human Resources Manager
Information Technology Director
Consultant I' I
(1) The "designated position" of "Consultant" shall
include only those consultants who participate in the
making of a governmental decision by directly
advising or making recommendations to the Board of
Directors and whose duties involve conducting
research or an investigation, preparing or presenting a
report, analysis or opinion which requires the exercise
of judgment on the part of the consultant which is
intended to influence a decision of the Board. The
"designated position" of "Consultant" shall report in
the specified category unless the General Manager
determines in writing that the limited scope of the
consultant's duties does not require broad disclosure.
In that case the General Manager shall make a written
determination for such consultant which includes a
description of the consultant's duties and based upon
that description, a statement of the extent of disclosure
required. Said determination shall be a public record
and shall be retained for public inspection in the same
manner and location as this Conflict of Interest Code.
1. Banks and Savings & Loans
2. Building materials
3. Chemicals
4. Construction and Construction Material
5. Construction Equipment
6. Consulting Services: Legal, accounting,
auditing, architectural, engineering, soil
testing and compaction, energy and power,
desalination, water quality testing and
treatment, data processing, labor relations,
public relations, planning, economics
investment, environmental, underwriters,
and appraisal.
7. Food services
8. Insurance
9. Laboratory equipment and supplies
10. Motor vehicles
11. Motor vehicle repairs
12. Newspapers and subscriptions
13. Office equipment, supplies and services
14. Petroleum products
15. Photographic equipment, supplies and film
processing
16. Pipe, valves, fittings, pumps, tanks, meters,
and all water facility equipment material and
supplies
17. Printing and reproduction
18. Public utilities
19. Real property
20. Safety equipment and facilities
21. Title companies
22. Travel arrangements and accommodations
23. Temporary help and employment agencies
24. Tele metering supplies, equipment and
services
25. Communications equipment, supplies and
services
Page 1 of 2
CONFLICT OF INTEREST CODE
YORBA LINDA WATER DISTRICT
APPENDIX A
To Resolution No. 04-05
Designated Positions and Disclosure Categories
Category of types of Business Entity,
Public Officials, Consultants Investment, Sources of Income or
and Designated Positions Real Property Disclosable
26. Security system equipment, supplies and services
27. Instructional equipment, supplies and services
28. Computer equipment, supplies and services
29. Medical services
30. Water quality testing equipment, supplies and
services
Finance Director
Categories:
1, 6, 8, 12, 13, 15, 17, 18, 19, 21, 22, 23
and 28.
Engineering Manager
Categories:
2, 4, 6, 9, 12, 13, 15, 16, 17, 18, 20, 21, 22,
23, 24, 25, 28 and 30.
Human Resources Manager
Categories:
6, 7, 8, 12, 13, 15, 17, 18, 19, 20, 22, 23,
26, 28 and 29.
Information Technology Director
Categories:
1, 6, 12, 13, 15, 17, 18, 19, 21, 22, 23, 24,
25, 26 and 28.
Operations Manager
Categories:
2, 3, 4, 5, 6, 9, 10, 11, 13, 14, 15, 16, 17,
20, 23, 24, 25, 26, 28 and 30.
Note: It has been determined that the positions listed below manage public investments and will file a state of
economic interests pursuant to Government Code Section 87000, rather than filing a Conflict of Interest
form pursuant to the District's Code:
a. Director,
b. General Manager,
c. Designees of the General Manager.
Page 2 of 2
ITEM NO. 19
AGENDA REPORT
Board Meeting Date: September 11, 2008
To: Board of Directors
From: Michael A. Payne, General Manager
Staff Contact: Gina Knight, Human Resources Manager
Reviewed by General Counsel: No Budgeted:
Funding Source:
CEQA Account No:
Compliance: N/A Estimated Costs:
APPROVED BY THE BOARD OF DIRECTORS
OF THE YORSA LINDA WATER DISTRICT
SEP 1 1 008
BY
Yes Total Budget: $ 299,750
Water Operating Fund
122690 Job No:
$244,389 Dept:Admin
Subject: ACWA/JPIA General Liability Insurance Deposit Premium October 1, 2008 through
September 30, 2009 and Retrospective Allocation Point
SUMMARY:
In accordance with the District's Risk Management Policy, staff is required to present all
insurance premiums to the Board of Directors for approval. Attached for the Board's review is
ACWA/JPIA's general liability insurance deposit premium for the period of October 1, 2008
through September 30, 2009. The District's total deposit premium is $244,389. In 2007, the
District's premium was $251,819. In 2006, the premium was $188,513. The deposit premium is
due September 1, 2008 and is late after September 30, 2008.
DISCUSSION:
Each August the District receives the liability insurance premium from JPIA for the upcoming
policy year. The deposit premium is for the period October 1, 2008 to September 30, 2009.
This year's deposit premium is 3% lower than last year's premium.
The main reason for the decrease in rates is due to the District's a-mod factor going down. In
this premium year the a-mod factor is 1.290 whereas last year the a-mod factor was 1.5100.
JPIA calculates the a-mod by using three consecutive years worth of losses. This three-year
period moves each year, whereby the earliest year drops off, and a new year comes on.
Therefore, a particular loss will affect the a-mod calculation for a total of three years. Losses
below $15,000 or the Retrospective Allocation Point (hereinafter referred to as a "deductible"),
whichever is less, are not used in the a-mod calculation. In addition, all losses are capped at
$75,000. The District's deductible is $25,000.
The deductible is that portion of a loss for which the District is ultimately responsible. It also
designates the point at which the District begins to participate in the pooled losses. When the
retrospective premium adjustment is calculated (45 months after the first coverage period), all
losses and portions of losses are deducted from the deposit premium. The remaining losses go
into the pool and are shared by all of the members of the program. Each member is charged a
proportionate share of the total losses in the pool according to its deposit premium.
Adjustments continue annually thereafter until all claims in the pool for that specific policy year
are closed. In the end, if the costs are below the deposit premium, a credit is applied to the
District's retrospective premium adjustment fund. If the costs exceed the deposit premium, a
debit is applied against the retrospective premium adjustment fund. The retrospective premium
adjustment fund was created in 1999 to stabilize retrospective premium adjustments and reduce
or eliminate billing members for prior policy years by "banking" member refunds. These funds
are used to offset any amounts due to the member for prior policy years. The retrospective
premium adjustment fund was established with a cap of 50% of the basic premium. Once a
member's fund balance exceeds 50% of its deposit premium, the difference is refunded to the
member. Because the deposit premium is high this year, the District will not receive a refund.
The District has the option of increasing the deductible from $25,000 to $50,000 or to $100,000.
Staff does not recommend changing the RAP since it is extremely hard to predict the number of
future claims that may be filed against the District and against other agencies. The philosophy
is if an agency is experiencing a high frequency of losses, the minimum deductible is financially
safer.
The District identified $299,750 in the Fiscal Year 2008-09 adopted budget. All of the
worksheets and backup date are on file and available for review in the office of the General
Manager.
PRIOR RELEVANT BOARD ACTION(S):
The annual liability insurance deposit premiums are presented to the Board of Directors each
August. The Board of Directors approved the current liability insurance premium on September
13, 2007.
STAFF RECOMMENDATION:
That the Board of Directors approve the ACWA/JPIA General Liability Insurance deposit
premium for the policy year October 1, 2008 through September 30, 2009 in the amount of
$244,389 and also continue with the Retrospective Allocation Point of $25,000.
COMMITTEE RECOMMENDATION:
This item was presented to the Personnel Risk Management Committee on August 11, 2008.
The Committee concurs with staff's recommendation.
4 JPIAASSOCIATION OF CALIFORNIA WATER AGENCIES
JOINT POWERS
INSURANCE AUTHORITY
IN-VOICE
AUTO and GENERAL LIABILITY PROGRAM
FOR POLICY YEAR 1011/2008 - 10/1/2009
Member # Y002
Yorba Linda Water District
P.O. Box 309
Yorba Linda, CA 92885-0309
Invoice Date: 07/30/2008
DESCRIPTION:
Deposit Premium for the 10/1/2008-2009 Policy Year $244,389.00
(Due on September 1, 2008)
WILL BE DELINQUENT AND SUBJECT TO PENALTY AND INTEREST CHARGES, IF NOT
PAID OR POST MARKED BY SEPTEMBER 30, 2008
PLEASE MAKE CHECK PAYABLE TO:
ACWA/JOINT POWERS INSURANCE AUTHORITY
EXPERIENCE MODIFICATION FORMULA
STEP 1
$2,250 + ( Payroll
x P/R Modifier x ( 7 / Log of Payroll ) ) =
Basic Premium
$2,250 + ( $5,527,480
x 0.079114 x ( 7 / 15.525243 ) ) =
$199,420
STEP 2
( Three Year Loss Total / 3
Basic Premium = District Rate
( $203,401 / 3
$199,420 = 0.3400
STEP 3
District Rate / Average Rate =
Unweighted Modification Factor
0.339987 1 0.178583 =
1.903804
STEP 4
Square root of ( Basic Premium
/ $2,000,000 ) = Credibility Factor
Square root of ( $199,420
/ $2,000,000 ) = 0.3158
STEP 5
( Credibility Factor x Unweighte
d Modification Factor ) + ( 1.0 - Credibility Factor
E-MOD
( 0.3158 x
1.9038 ) + ( 1.0 0.3158 ) =
1.2900
DEPOSIT PREMIUM FORMULA
STEP 1
Basic Premium x E-MOD
= Gross Premium
$199,420 x 1.2900
= $257,252
STEP 2 (3 Programs = 5.00%)
Gross Premium x Multiple Program
Discount Factor = Deposit Premium + Adjustment = Adjusted Deposit Premium
$257,252 x 0.95 = $244,389 + $0 = $244,389
THE MINIMUM RAP FOR THE PREMIUM SHOWN ABOVE IS $25,000
YOUR CURRENT RAP IS $25,000
IF YOU WISH TO SELECT A HIGHER RAP, PLEASE CONTACT MEMBER SERVICES
ACWA/JOINT POWERS INSURANCE AUTHORITY
LIABILITY PROGRAM
E-MOD/PREMIUM CALCULATION WORK SHEET
AT 7/30/2008
Yorba Linda Water District
10/1/2008-2009 ANNUAL ESTIMATED PAY
ROLL: $5,527,480
LOSSES FOR PERIOD 1011/2004 THRU 9/3
0/2007
RETRO ALLOCATION POINT: $25,000
AMOUNT USED IN
AMOUNT OVER
E-MOD CALC
YEAR CLAIM #
TOTAL LOSS
RAP
RAP (or $15,000)
(Capped at $75,000)
10/1/2004-2005 06-7456
$500,004.00
$25,000
$500,004.00
$75,000.00
10/1/2004-2005 05-7070
$13,685.15
$25,000
$0.00
$0.00
10/1/2004-2005 06-7435
$1,256.52
$25,000
$0.00
$0.00
10/1/2004-2005 06-7495
$139,059.56
$25,000
$139,059.56
$75,000.00
10/1/2004-2005 06-7727
$1,720.00
$25,000
$0.00
$0.00
10/1/2005-2006 06-7645
$9,367.64
$25,000
$0.00
$0.00
10/1/2005-2006 07-8350
$53,400.63
$25,000
$53,400.63
$53,400.63
10/1/2006-2007 07-8595
$11,477.00
$25,000
$0.00
$0.00
10/l/2006-2007 07-8970
$6,918.10
$25,000
$0.00
$0.00
THREE YEAR LOSS TOTAL
$736,888.60
$692,464.19
$203,400.63
ITEM NO. 11b
MINUTES OF THE
YORBA LINDA WATER DISTRICT
FINANCE-ACCOUNTING COMMITTEE
September 9, 2008
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:
Director, Michael J. Beverage, Chair
Director John W. Summerfield
STAFF PRESENT:
Ken Vecchiarelli, Assistant GM
Diane Cyganik, Finance Director
Sandi Van Etten, Senior Accountant
ACTION ITEMS:
1. None.
STANDING ITEMS:
2. Review of the Investment Report dated June 30 and July 31, 2008.
The Investment Reports for months ending June 30 and July 31, 2008 were
discussed and accepted as presented. It was noted that the water operating fund
balance is a negative amount and has become larger.
3. Status report on Wells Capital portfolio investments as of July 31 and August 31,
2008.
The Committee called Keith Khorey to discuss the market impact of the Lehman
Brothers news and other financial conditions. Keith noted that all of our holdings are
sound.
DISCUSSION ITEMS:
4. Pass-through Water Rate Increase for MWDSC, MWDOC, OCWD and Edison.
Staff is preparing models to discuss the affect of other agency increases. A
discussion could be commenced in about two weeks to deal with the different
scenarios. It was noted that energy costs may increase, and if our customers
conserve by 10%, our revenues would be down enough to warrant board workshops
to address this.
5. Cash Flow for Fiscal Year 2008/2009
The cash flow for 2008/2009 was presented and discussed. It will need further
updating as additional information becomes available.
ADJOURNMENT:
The Committee adjourned at approximately 4:45 p.m. The next Finance-Accounting
Committee meeting is scheduled for October 14th at 4:00 p.m. at the District's offices,
1717 E. Miraloma Avenue, Placentia, CA.
ITEM NO. /~g
MINUTES OF THE
CITY OF PLACENTIA and YORBA LINDA WATER DISTRICT
AD HOC COMMITTEE MEETING
September 8, 2008
The September 8, 2008 meeting of the City of Placentia-YLWD Ad Hoc Committee was
called to order by Director Beverage at 11:08 a.m. The meeting was held at the District's
offices at 1717 E. Miraloma Avenue, Placentia, CA.
YLWD COMMITTEE MEMBERS PRESENT: YLWD STAFF PRESENT:
Michael J. Beverage Michael A. Payne, General Manager
Gina Knight, Human Resources Manager
CITY OF PLACENTIA STAFF PRESENT:
Troy Butzlaff, City Administrator
CITY OF PLACENTIA COMMITTEE MEMBERS:
Scott W. Nelson, Mayor of the City of Placentia was unable to attend the meeting.
INTRODUCTION OF VISITORS AND PUBLIC COMMENTS:
There were no visitors.
DISCUSSION ITEMS
6. Employee Sharing - Projects
Mr. Butzlaff and Mr. Payne recently discussed the issue of employee sharing to
reduce costs to both agencies, equipment sharing during emergencies, and task
sharing for projects. At today's meeting, the city and District agreed to exchange
Organizational charts, a list of equipment, and to arrange a meeting to discuss the
possibility of utilizing the District's GIS system.
Gina Knight, Human Resources Manager left the meeting at the conclusion of item no. 6.
Status of Water Conservation
Director Beverage reported the District recently adopted a 10% Voluntary Water
Conservation Resolution. YLWD is working on a public information campaign and on
redefining the various levels of mandatory water conservation programs. Mr. Payne
reported that unless the state had a very good winter, a perfect snow pack in the
Sierras and a change in laws, mandatory water allocations by MWD would be
imposed in 2009. Staff was working with MWDOC on the issue of water allocations to
YLWD.
2. Water Rates - Pass through January 2009
Mr. Payne reported MWD, MWDOC, OCWD and the Edison Company are either
proposing or have approved rate increases at the end of 2008. District staff was
reviewing the projections, water use, and energy use and the adopted budget to see if
a pass through was warranted.
Director Beverage reported the YLWD Board adopted a Resolution in December 2008
to pass through rate increases at the time the rates went into effect. The agencies
identified in the Resolution were MWD, MWDOC, OCWD, SCE and the Gas
Company. Pass through rates did not include the State Budget property tax issue or
District cost. Staff will be presenting a report to the next Finance-Accounting
Committee along with a recommendation of possible pass through adjustments.
YLWD will send a copy of the report to the City once the report was completed.
3. District Projects
Mr. Payne reported on the capital projects in design, under construction, or recently
completed that would improve water reliability and reduce operating costs. The
projects would increase reservoir storage during emergencies, add new wells to
increase the groundwater water supply ratio to import water, and transmission
pipelines to move groundwater throughout the entire District. Mr. Butzlaff suggested
possible locations for new wells in the city.
4. District/City Landscape Projects
Mr. Payne presented Mr. Butzlaff with a map of water meters assigned to the City of
Placentia that serve parks and median islands. The purpose is to look at ways to
reduce water consumption by approved water conservation measures utilizing
synthetic turf, drought tolerant plants or changing over to smart controller devices.
The committee talked about possible joint venture programs and grants. The
Committee discussed the synthetic turf project at Bradford Stadium. Mr. Butzlaff will
call the PYLUSD to get their opinions and will share with YLWD staff.
5. City of Placentia Issues
Mr. Butzlaff reported the City Council will discuss Golden State Water Company's
proposal to the PUC to increase water rates pertaining to water conservation.
The date of the next City of Placentia-YLWD Ad Hoc meeting will be determined.
2
i I
11-Sep-O8
ACWA/JPIA LIABILTY INSURANCE
THREE YEAR LOSS HISTORY
Claim No. LOSSES FOR PERIOD Reserves Paid Total 101/2006 10/112005 10/1/2004 10/1/2003 10/1/2002 10/172001
102020 Creative Screenworks $ $ _ $ _
101631 Dominic Minani $ $ 5,423 $ 5,423
102023 Pacific Bell $ $ 1,076 $ 1,076
101674 Donna Wildman $ $ 516 $ 516
102525 Robert Corbett $ $ 1,143 $ 1,143
102584 Brighton-Brannon $ $ 5,513 $ 5,513
102743 Richard Lengyel $ $ 5,445 $ 5,445
102870 Ernesto Banaag $ $ 1,945 $ 1,945
103128 Mary Forslund $ $ 385 $ 385
103550 Roger Marken $ $ _ $ _
103533 Michael Wakefield $ $ _ $ _
103582 City of YL-Thomas Lasorda Jr.Gym $ $ 612 $ 612
103624 Andy Kubiki $ $ _ $ -
JPIA 99-1724 Ron Muranaka $ $ 156,029 $ 156,029
JPIA 99-1724 Shirley Lynch $ $ _ $ _
JPIA 99-1724 Leonard Dryer $ $ 7,500 $ 7,500
JPIA 99-1724 Richard Wineland $ $ 7,500 $ 7,500
JPIA 99-1724 Jack Raichart $ $ 7,500 $ 7,500
JPIA 00-1919 City of YL - Lomas De Yorba East Bridge $ $ 90,698 $ 90,698
JPIA 99-1608 Gerardo Aguirre $ $ _ $ _
JPIA 01-2931 Keith Saul-August 5,2000 $ $ 141,580 $ 141,580 $ 75 000
JPIA 01-3440 Ann Marie Kaumo $ $ 43,646 $ 43,646 $ 43,646 $ 43,646
JPIA 02-4121 Bernard Thaler $ $ 19,782 $ 19,782 $ 19,782 $ 19,676
JPIA 02-4266 Cartel Electronics
$ - $ 11,063 $ 11,063 $ _ $ _ $ _
JPIA 03-5052 Kevin Peters $ $ 104,423 $ 104,423 $ 75,000 $ 75,000 $ 75;000
JPIA 04-5573 Plummer $ $ 841 $ 841
JPIA 04-5488 Allstate-Gutierrez $ $ 33,578 $ 33,578 $ 33,578 $ 33,578 $ 17,578
JPIA 05-7162 P.Pietras $ $ 3,213 $ 3,213
JPIA 06-7456 Wen Wu $ $ 326,794 $ 326,794 $ 75,000 $ 75,000 $ 17,797
JPIA 05-7070 Maria and Adela Gluntz $ $ 13,685 $ 13,685
JPIA 06-7435 James Pak $ $ 1,257 $ 1,257
JPIA 06-7495 William&Barbara Taylor $ $ 115,150 $ 115,150 $ 75,000 $ 75,000
JPIA 06-7727 Jin Zhao $ $ 1,720 $ 1,720
JPIA 06-7645 Mason Pad $ $ 9,368 $ 9,368
JPIA 07-8350 John Taylor $ $ 76,166 $ 76,166 $ 53,401 $ 75,000
JPIA 07-8595 Gomez Navarro $ $ 11,477 $ 11,477
JPIA 07-8970 John Lim $ $ 6,918 1 $ 6,918
THREE YEAR LOSS TOTAL $ $1,211,948 $1,211,948 $ 203,401 $ 225,000 $ 126,375 $ 108,578 $ 156,006 $ 138,321
EXPERIENCE MODIFICATION FORMULA
No. Factors Calculation Worksheet end of= 10/1/2008 10/1/2007 10/1/2006 10/1/2005 10/1/2004 10/1/2003
1 Payroll(1) $ 5,527,480 $ 4,557,977 $ 4,213,507 $ 4,282,886 $ 2,376,476 $ 2,335,832
2 Payroll Modifier 0.079114 0.083277 0.082955 0.095011 0.085953 0.09176
3 Log of Payroll 15.525243 15.332389 15.253806 15.270138 14.681129 14.66388
4 Basic Premium(1) $ 199,420 $ 175,545 $ 162,651 $ 188,787 $ 99,644 $ 104,566
5 3 Year Loss Total $ 203,401 $ 225,000 $ 126,375 $ 108,578 $ 156,006 $ 138,321 I
6 District Rate 0.339987 0.427241 0.025899 0.1917 0.5219 0.4409
7 Average Rate 0.178530 0.156963 0.147568 0.135657 0.161535 0.1693
8 Unweighted Modification Factor 1.903804 2.721922 1.7551 1.413211 3.320743 2.6045
9 Credibility Factor 0.315800 0.2963 0.2852 0.4345 0.3157 0.3234
10 E-Mod 1 1 1.29 1 1.51 1.2200 1.1795 1.7042 1.5188
11 Gross Premium $ 257,252 $ 265,073.00 $ 198,434 $ 222,682 $ 169,810 $ 158,819
12 Multiple Discount Rate 3 ro rams 0.95 0.95 $ 0.95 0.951 0.951 0.95
Multiple Discount Savings $ 12,863 $ 13,254 $ 9,921 $ 11,134 1 $ 8,491 1 $ 7,941
Overall Deposit Premium $ 244,389 $ 251,819.00 $ 188,513 $ 211,548 $ 161,319 $ 150,878
Amount from RPA Stabilzation Fund -39,279
$ 212,540.00
Retrospective Allocation Point (RAP)
10/1/20061 10/1/20051 10/1/20041 10/1/2003 1 10/1/2002 1 10/1/2001
`orrrle!y caliec=Self-Insured Retention Level JPIA Minimum $ 25,000 $ 25,000 $ 25,000 1 $ 25,000 1 $ 10,000 $ 25,000
(This is not a deductible and it has no effect on the deposit premium) YLWD Selection $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 10,000 $ 25,000
RAP Changed from $25,000 to $100,000
10/1/2008 10/1/2007 10/1/2006 10/1/2005 10/1/2004 10/1/2003
Overall Deposit Premium $ 244,389 $ 251,819 $ 188,513 $ 211,548 $ 161,319 $ 150,878
(2) Discount for RAP $ 125,000 $ 135,391 $ 103,244 $ (66,856)
Additional amount invoiced for losses $ - $ - $ _
Savings or Extra Expense Difference $ 251,819 $ 63,513 $ 76,157 $ 58,075 $ (66,856)
NOTES
(1) District has direct control over.
(2) 32%Discount only applies to$100,000 and greater
Cob[Scheme=Carried over from 3 Year Loss History
Color Scheme= Expected losses for July 1,2006 and July 1,2007. Does not include nor account for any new large claims over$15,000.
MUNICIPAL
WATER
OIBTRICT
' OF
ORANGE
COUNTY September 9, 2008
StreetAddresc
18700 Ward Street
Fountain Valley, Cardomia 92708 Susan Trager
Vice Chair, Commission
Mailing Address:
P.O. Box 20895 Laguna Beach County Water District
Fountain Valley, CA 92728.0895 PO Box 987
(714) 963-3058 Laguna Beach CA 92652
Fax (714) 964.9389
www.mwdoc.com De er,
Wayne A. Clark Subject: MWDOC Had No Role in Assembly Bill 1400 (Hayashi)
President
Jun C. Finnegan I wish to state unequivocally that the Municipal Water District of Orange
We President
Ergun Bakal] County (MWDOC) did not have any role in the promotion of Assembly Bill
Director 1400 either as a board, or as a committee of the board, or as staff. A single
Brett R. Barbre director, acting on his own behalf, has stated it was his action. I share your
Director
Larry D. Dick concern over this occurrence.
Director
Susan Hinman We have notified our consultant, Townsend and Associates, that they are not to
Director
Ed Royce, 5r. .take instruction from any director or group of directors but only from the
Director general manager, or the board in open public session. A copy of the general
rawin F. Hunt, P.E. manager's letter to them is enclosed.
General Manager
I also wish to state clearly for the record that MWDOC has continued to honor
MEMBER AGENCIES our commitment of December 20, 2006. I reiterate that we have no involvement
in this ill-conceived legislation and we look forward to continuing successes in
City of Brea the many joint efforts our agencies have underway.
City of Buena Park
East Orange County Water District
El Toro Water District We will place on the agenda for the October 15 MWDOC board meeting a
Emerald Bay Service District discussion of board policies and proceedings for directing consultants, including
City of Fountain Valley political consultants.
City of Garden Grove
Golden State Water Co. Please call me if you have any remaining concerns. It is important that we deal
City of Huntington Beach with facts and not rhetoric in these difficult water times.
Irvine Ranch Water District
Laguna Beach County Water District
City of La Habra Sincerely,
City of La Palma
Mesa Consolidated Water District
Moulton Niguel Water District
City of Newport Beach ayne A. Clark
City of Orange President
Orange County Water District
Orange Park Acres Mutual Water Co.
City of San Clemente cc: Board of Directors
City of San Juan Capistrano
Santa Margarita Water District enclosure
City of Seal Beach
Serrano Water District
South Coast Water District
Trabuca Canyon Water District
City of Tustin
City of Westminster
Yorba Linda Water District
September 5, 2008
"a Mr. Wayne Clark
President of the Board
Municipal Water District of Orange County
P.O. Box 20895
Fountain Valley, California 92728
Re: Municipal Water District of Orange County's (MWDOC) Role in
Assembly Bill 1400 (Hayashi)
Dear Mr. Clark:
The purpose of this letter it to bring to your attention the undersigned agencies'
concerns and request clarification relative to MWDOC's role in Assembly Bill 1400
%(Hayashi) and other lobbying activities.
Late last week we learned that at the direction of both a member of the MWDOC
Board and reportedly a Metropolitan Water District Board member, MWDOC's state
lobbyist, Townsend and Associates, implemented an effort to amend an inactive child
care bill, AB 1400 (Hayashi), to include language that would prohibit a water district
General Manager from simultaneously serving as the district's General Counsel.
MWDOC's lobbyist then sought approval of the bill through the state Senate, where it
was subsequently stopped as a result of vehement objections from various industry
associations and agencies.
To our knowledge there are only two agencies in the state that have an individual
serving as both General Counsel and General Manager: Santa Margarita Water
District (SMWD) and Westlands Water District. The bill was obvious retribution
against SMWD and its General Manager/Counsel for, among other things,
involvement in the LAFCO Municipal Services Review and the on-going governance
study of MWDOC.
According to the December 20, 2006 principles adopted by the MWDOC Board,
"Orange County's public interest can best be served by a cooperative and
collaborative partnership between MWDOC and its Member Agencies. MWDOC
pledges to work in such a manner." Further, MWDOC has repeatedly stressed the
importance of transparency concerning the conduct of its activities and open
communications with its member agencies.
• Mr. Wayne Clark
September 5, 2008
Page Two
MWDOC's use of state lobbying resources paid for by its member agencies to pursue
"surprise attack" legislation against any member agency is simply unacceptable and
obviously in direct contradiction to its adopted principles and proclamations of
transparency and open communications. Moreover, MWDOC's attempts to use
lobbyists to engage the state legislature in efforts to interfere in LAFCO matters
involving its member agencies, as was the case with the MWDOC-prompted letter
from the legislative delegation opposing the MWDOC governance study, is also
unacceptable.
As a result of these and other questionable measures MWDOC has pursued with its
lobbying corps, we request that MWDOC clarify what Board and staff actions were
taken to direct Townsend and Associates' activities relative to AB 1400, and the
rationale for these actions. In addition, we would also like to better understand the
MWDOC Board's policies and procedures for directing all of its lobbyists, including
John Lewis, and how MWDOC believes its lobbying corps is serving the needs of its
member agencies.
Finally, we would request that the aforementioned matters be placed on the agenda
(in open session) for discussion at a future MWDOC Board meeting.
Respectfully,
Ted F. Martin Roger S. aubel
President, Board of Directors President, Board of Directors
El Toro Water District Santa Margarita Water District
Darryl G. Miller Richard Dietmeier
Vice President, Board of Directors President, Board of Directors
Irvine Ranch Water District South Coast Water District
I any R. Lizotte ?President, im Haselton
President, Board of Directors Board of Directors
Moulton Niguel Water District Trabuco Canyon Water District
Susan Trager
Vice Chair
Laguna Beach Water District
MUNICIPAL
WATM
- - OIHTRICT
OP
CAAtV®6
COUNTY
Street Address:"
16700 Ward Street
Fountain Valley, California 92708 August 29, 2008
Mailing Addrasc
P.O. Box 20895
Fountain valley, CA 92726-MS Christopher Townsend
(714) 98-3058 Townsend Public Affaus
Fax: (714) 964-9389 2699 White Road, Suite #251
www.mwdoccom Irvine, CA 92614
Wayne A. Clark Dear Mr. Townsend,
Preddent
loan C. Rnnegan
Wce President Subject: Unauthorized Activities ,
Ergo Bakal)
Director Please be advised that it is the policy of the Municipal Water District of Orange
Brett R. Barbee
Director County that only the General Manager is authorized to direct activities of
tarry a Dick consultants performing services for MWDOC. The Board has delegated to the
Director General Manager the authority to retain, define the scope of efforts of and dismiss
Sewn Hinman
Director consultants (Admin Code Section 1307 a4). Please ensure that the activities you are
Ed Royn sx undertaking have either been approved by the General Manager, or by an action of
Direr the Board in open session. Under no circumstances are consultants to take direction
L -M P- HurR PE from individual directors or groups of directors other than Board action in an open
General Manager
meeting.
MEMBER AGENCIES I also request that in your activities for other clients, should you be performing a
City of Brea service that would be in conflict with the goals of the Municipal District of Orange
City of Buena Park County or its client agencies, you notify me prior to commencing.
East Orange County Water District
8Tom Water District I look forward to your continued assistance to the Municipal Water District of
Emerald Bay Service District Orange County.
City of Fountain Valley
City of Ogaden Gtr a Please call me should you have any questions.
Golden State Water a Y
City of Huntington Beach
Irvine Ranch Water District Cordially, K11i
Laguna Beach County Water Deand !City of La Hahn L i Cry of La Palma j Mesa Consolidated Water District Ke1r- unt P.E.
P H
Moulton Niguel Water District
all of Newport Bead, General Manager
City Of orange
Orange County Water District
Orange Park Am Mutual Water Co.
City of San Clemente
City of San Juan Capistrano
Samar Margarita Water District
City of Seal Beady
Swrano Water District
South Coast Water Draw
lfabucer Canyon Water District
city of Tustin
City of Westminster
Ymba Linda Water District