HomeMy WebLinkAbout2008-12-11 - Board of Directors Meeting Agenda PacketAgenda Packet
Regular Meeting of the
Yorba Linda Water District
Board of Directors
and
Annual Meeting of the
Yorba Linda Water District
Public Financing Corporation
December 11, 2008
6:30 p.m.
1717 E. Miraloma Avenue, Placentia, CA 92870
Yorba Linda
Water District
ORiGINA-
Yorba Linda
Water District
AGENDA
BOARD OF DIRECTORS REGULAR MEETING AND
ANNUAL MEETING OF THE PUBLIC FINANCING CORPORATION
Thursday, December 11, 2008, 6:30 P.M.
1717 E. Miraloma Avenue, Placentia, CA 92870 (714) 701- 3020
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
John W. Summerfield, President
William R. Mills, Vice President
Paul R. Armstrong
Michael J. Beverage
Ric Collett
ADDITIONS/DELETIONS TO THE AGENDA
SEATING OF DIRECTORS
1. Seat Incumbent Directors Michael J. Beverage and 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
2. None
ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal
Board action.
3. Reorganization of the Board of Directors to Select a President, Vice President
and Appoint Corporate Officers
Recommendation: Elect a President and Vice President and appoint the
following Corporate Officers:
Secretary: Kenneth R. Vecchiarelli, Assistant General Mgr
Assistant Secretary: Pat Grady, Information Technology Director
Auditor. Diane Cyganik, Finance Director
4. Board of Directors Committee Assignments
Recommendation: That the incoming Board President solicit information
from other Board members regarding their interest in serving on the
various Standing and Ad Hoc Committees and make appointments in
January 2009.
5. Board of Directors Compensation
Recommendation: Consider adjustments to the Board of Director's
Compensation for 2009.
ADJOURN TO THE ANNUAL PUBLIC FINANCING CORPORATION MEETING
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.
ANNUAL REORGANIZATION OF THE BOARD OF DIRECTORS
6. Reorganization of the Board of Directors to Select a President, Vice President
and Appoint Corporate Officers
Recommendation: Elect a President and Vice President and appoint the
following Corporate Officers:
Secretary: Kenneth R. Vecchiarelli, Assistant General Mgr
Assistant Secretary: Pat Grady, Information Technology Director
Auditor. Diane Cyganik, Finance Director
ADJOURN TO THE BOARD OF DIRECTORS REGULAR MEETING
CONSENT CALENDAR
All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering
previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be
no discussion on the items unless a member of the Board, the staff, or the public requests further consideration.
7. Minutes of the Regular Board of Directors Meeting held October 9, 2008
Recommendation: Approve the minutes as amended.
8. Minutes of the Regular Board of Directors Meeting Held October 23, 2008
Recommendation: Approve the minutes as presented.
9. Minutes of the Regular Board of Directors Meeting Held November 26, 2008
Recommendation: Approve the minutes as presented.
2
10. Payment of Bills, Refunds, and Wire Transfers
Recommendation: Ratify and authorize disbursements in the amount of
$1,046,896.95.
11. Payment of ACWA Membership Dues
Recommendation: Provide direction to staff regarding payment of the
2009 ACWA membership dues in the amount of $15,576.
12. Progress Payment No. 19 for the Lakeview Reservoir Construction
Recommendation: Approve Progress Payment No. 19 in the net amount
of $133,679.30 to SSC Construction, Inc. and 5% retention of $7,035.75
deposited to City National Bank escrow account for construction of the
Lakeview Reservoir Project, Job No., 200704.
13. Progress Payment No. 7, and Change Order No. 1 for the Highland Reservoir
Replacement Project
Recommendation: Approve Progress Payment No. 7 in the net amount of
$368,926.76 to Schuler Engineering Corporation and 10% retention of
$40,991.86 deposited to Citizens Business Bank escrow account, and
Change Order No. 1 for $282,102.89 for construction of the Highland
Reservoir Replacement Project, Job No. 200309.
14. Contract with General Pump Co. for Rehabilitation of Well No. 12
Recommendation: Authorize the General Manager to execute a Purchase
Order with General Pump Company, Inc., in the amount not to exceed
$71,150, to provide well redevelopment and testing of Well No. 12.
15. Amendment No. 1 to Consultants Agreement with Psomas for Zone 4C
Reconfiguration Project
Recommendation: Authorize Amendment No. 1 to the Consultants
Agreement with Psomas, in the amount of $43,125 for additional work to
provide design services and bid assistance for upgrades to the San
Antonio PRS, in conjunction with the Zone Reconfiguration Project, Job
No. 200710.
16. License Agreement with Orange County Water District for Access to Warner
Basin Complex to Collect Water Quality Samples
Recommendation: Authorize execution of the License Agreement with
Orange County Water District for access to the Warner Basin Complex to
collect water samples subject to approval as to form by legal counsel, and
to approve payment of $550 license fee to OCWD.
ACTION CALENDAR CONTINUED
This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal
Board action.
17. Resolution No. 08-15 Authorizing Individuals to Transfer Funds via the Federal
Wire System and Rescinding Resolution No. 06-02
Recommendation: Adopt Resolution No. 08-15 Authorizing Individuals to
Transfer Funds via the Federal Wire System and Rescind Resolution No.
06-02.
3
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.
18. Status of District Facilities, Distribution System and Community Outreach Efforts
Related to Firestorm Event
Recommendation: This is for information only. No action is required.
19. Recent Changes to Ralph M. Brown Act
Recommendation: This is for information only. No action is required.
20. Conducting Combined MWDOC and OCWD Ad Hoc Committee Meetings
Recommendation: This is for information only. No action is required.
21. Required Ethics and Sexual Harassment Training (AB1234 and AB1825)
Recommendation: This is for information only. No action is required.
REPORTS, INFORMATION ITEMS AND COMMENTS
22. a. President's Report
b. Directors' Reports
C. General Manager's Report
d. General Counsel's Report
COMMITTEE REPORTS
23. a. Executive-Administrative-Organizational Committee
(Summerfield/Mills) Alternate: Collett
1) Meeting scheduled for December 16, 4:00 p.m.
b. Finance-Accounting Committee
(Beverage/Summerfield) Alternate: Mills
1) Minutes of meeting held December 10 (to be presented at the
Board meeting).
2) Meeting scheduled for January 13, 4:00 p.m.
C. Personnel-Risk Management Committee
(Armstrong/Collett) Alternate: Summerfield
1) Minutes of meeting held December 9 (to be presented at the Board
meeting).
2) Meeting scheduled for January 12, 4:00 p.m.
4
d. Planning-Engineering-Operations Committee
(Mills/Armstrong) Alternate: Beverage
1) Minutes of meeting held December 4.
2) Meeting scheduled for January 8, 4:00 p.m.
e. Public Information-Technology Committee
(Collett/Beverage) Alternate: Armstrong
1) Minutes of meeting held December 2.
2) Meeting scheduled for January 6, 4:00 p.m.
MWDOC Ad Hoc Committee
(To be assigned.)
1) Meeting scheduled for January 27, 4:00 p.m.
e. City of Placentia Ad Hoc Committee
(To be assigned.)
1) Meeting to be scheduled.
INTERGOVERNMENTAL MEETINGS
24. a. MWDOC/MWD Workshop, December 3 (Staff)
This meeting was canceled.
b. OCWD Board, December 3 (Staff)
This meeting was canceled.
C. Yorba Linda Planning Commission, December 10 (Collett)
d. Yorba Linda City Council, December 2 (Mills)
BOARD OF DIRECTORS ACTIVITY CALENDAR
Authorization to attend meetings scheduled after November 12, 2008. Agenda is available in the District office prior
to meeting.
-December 2008
Executive-Admin-Organizational Committee, Dec 16, 4:00 p.m.
Yorba Linda City Council, Dec 16, 6:30 p.m.
MWDOC Board, Dec 17, 8:30 a.m.
OCWD Board, Dec 17, 5:00 p.m.
District Board Meeting, Dec 23, 8:30 a.m.
MWDOC Ad Hoc Committee Meeting, Dec 23, 4:00 p.m.
Yorba Linda Planning Commission, Dec 24, 7:00 p.m.
Holiday, Dec 25-26
Summerfield/Mills
Armstrong
Staff
Staff
ICANCELED
CANCELED
District Offices Closed
5
Januarv 2009
Holiday, Jan 1
Public Information-Technology Committee, Jan 6, 4:00 p.m.
Yorba Linda City Council, Jan 6, 6:30 p.m.
MWDOC/MWD Workshop, Jan 7, 7:30 a.m.
OCWD Board, Jan 7, 5:00 p.m.
District Board Meeting, Jan 8, 8:30 a.m.
Planninq-Engineering-Operations Committee, Jan 8, 4:00 p.m.
Personnel-Risk Management Committee, Jan 12, 4:00 p.m.
Finance-Accountinq Committee, Jan 13, 4:00 p.m.
Yorba Linda Planning Commission, Jan 14, 7:00 p.m.
Executive-Admin-Organizational Committee, Jan 20, 4:00 p.m.
Yorba Linda City Council, Jan 20, 6:30 p.m.
MWDOC Board, Jan 21, 8:30 a.m.
OCWD Board, Jan 21, 5:00 p.m.
District Board Meeting, Jan 22, 8:30 a.m.
MWDOC Ad Hoc Committee Meeting, Jan 27, 4:00 p.m.
Yorba Linda Planning Commission, Jan 28, 7:00 p.m.
District Offices Closed
Collett/Beverage
Mills
Staff
Staff
To Be Assigned
To Be Assigned
To Be Assigned
To Be Assigned
To Be Assigned
To Be Assigned
Staff
Staff
To Be Assigned
To Be Assigned
CONFERENCES AND SEMINARS
25. 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.
26. Public Employee Appointment
Pursuant to Section 54957 of the California Government Code
Title: General Manager
27. Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation Pursuant to Subdivision (b)(1)(b) of Section
54956.9 of the California Government Code
Number of Potential Cases: Unknown
The exposure to litigation arises from assertions of District responsibility for
property and related losses incurred during the "Freeway Complex" firestorm of
November 15 and 16, 2008.
ADJOURNMENT
A regular meeting of the Board of Directors is scheduled for December 23, 2008, at 8:30
a.m., at 1717 E. Miraloma Avenue, Placentia 92870.
6
Items Distributed to the Board Less Than 72 Hours Prior to the Meetinq
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 hftp://www.ylwd.com/.
Accommodations for the Disabled
Any person may make a request for a disability-related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning Michael A. Payne, General Manager, 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.
7
2008 BOARD OF DIRECTORS CALENDAR
JUL
S M T
1
W T F S
2 3 4 5
6 7 8
9 11 12
13 14 15
16 17 18 19
20 21 22
23M 25 26
27 28 29
30 31
S M
5 6
12 13
19 20
26 27
OCT
T W T
1 2
7 8-
14 15 16
21 22 23
28 29 30
F S
3 4
10 11
17 18
24 25
31
AUG
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 = 15 16
17 18 19 20 21 22 23
24 25 26 27M 29 30
311
NOV
S M T W T F S
1
2 3 4 5 6 7 8
9 101 110 13 14 15
16 17 18 19 20 21 22
23 24 250 271 281 29
301
2009 BOARD OF DIRECTORS CALENDAR
S M
4 5
11 12
18 19
25 26
JAN
T W T
1
6 7
13 14 15
20 21 -
27 28 29
F S
2 3
9 10
16 17
23 24
30 31
APR
S M T W T F S
1 2 3 4
5 6 7 8- 10 11
12 13 14 15 16 17 18
19 20 21 22M 24 25
26 27 28 29 30
Holiday
Board Meeting
Activities
FEB
SEP
S M T W T F S
11
7 8
14 15
21 22
28 29
2 3 4 5 6
9 10M 12 13
16 17 18 19 20
23 24 - 26 27
30
DEC
S M T W T F S
1 2 3 4 5 6
7 8 9 10M 12 13
14 15 16 17 18 19 20
21 22M 24 251 261 27
28 29 30 31
S M
1 2
8 9
15 16
22 23
29 30
T
3
10
17
24
31
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11M 13 14
151 161 17 18 19 20 21
22 23 24 25 2M 27 28
S M
3 4
10 11
17 18
24 251
31
MAY
T W T
5 6 7
12 13M
19 20 21
26 27M
F S
1 2
8 9
15 16
22 23
29 30
MAR
W T
4 5
11 -
18 19
25M
JUN
F S
6 7
13 14
20 21
27 28
S M T W T F
1 2 3 4 5 6
7 8 9 10M 12 13
14 15 16 17 18 19 20
21 22 23 24 - 26 27
28 29 301
Dec 2-5, 2008 - ACWA Fall Conference, Long Beach
Dec 15-17, 2008 - CRWUA 2008 Annual Conference, LV
Feb 24-26, 2009 - ACWA 2009 Washington, D.C. Conference Rev. 12/05/08
May 19-22, 2009 - ACWA Spring Conference, Sacramento
ITEM NO. ~5
AGENDA REPORT
Board Meeting Date: December 11, 2008
To:
From:
Staff Contact:
Board of Directors
Ken Vecchiarelli, Assistant General Manager
Reviewed by General Counsel:
CEQA
Compliance: N/A
APPROVED BY THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
DEC 1 2008
BY
Yes Budgeted: N/A Total Budgets N/A
Funding Source: Water Operating Fund
Account No: 111440 Job No:
Estimated Costs: N/A Dept: Admin
Subject: Reorganization of the Board of Directors for Calendar Year 2009
SUMMARY:
Pursuant to the Board of Directors Rules for Organization and Procedure, as adopted in
November 2007, a President of the Board and a Vice-President shall be elected annually at the
District's reorganization meeting held at the first regular meeting of the Board in December of
every year.
DISCUSSION:
The powers and duties of the President are described in Section 30578 of the Water Code and
the Board of Directors' adopted Rules and Regulations.
The President's duties prescribed by state law are:
a. Sign all contracts on behalf of the district.
b. Perform other duties imposed by the board.
The President's duties prescribed by the Board Rules for Organization and Procedure are to:
a. Assume the chair of the Presiding Officer immediately after election.
b. Make Committee assignments, subject to consent of the Board, annually at the first
Board of Directors meeting in January of the subsequent year.
c. Conduct the proceedings of the Board.
d. Sign all ordinances, resolutions and contract documents approved and adopted by the
Board.
The Vice President's duties are set forth in the District's Rules and Regulations and not state
law.
The Vice President carries out the duties of President in the absence of the President. In
addition to selection of the President and Vice President, the Board is required to appoint the
Municipal Corporation Officers of Secretary, Assistant Secretary and Auditor.
The duties of the Secretary, Assistant Secretary and Auditor are set forth in the Rules for
Organization and Procedures.
a. The Secretary, or Assistant Secretary in the absence of the Secretary, attests all
Ordinances and Resolutions approved and adopted by the Board of Directors.
b. Prepares the official record of proceedings or minutes for Board meetings and performs
all duties as prescribed by state law, the Rules for Organization and Procedures, and as
may be imposed by the Board of Directors.
The Auditor shall perform all duties as prescribed by state law, the District's Rules for
Organization and Procedures and as may be imposed by the Board of Directors. State law
forbids a member of the Board of Directors from serving as the General Manager, Secretary,
Assistant Secretary or Auditor. State law allows the same person to be appointed as General
Manager and Secretary or, Secretary and Auditor. State law does forbid the General Manager
from services as Auditor.
Pursuant to Board policy, there is no additional compensation for serving as Secretary,
Assistant Secretary or Auditor if the individual is an employee of the District. If the appointed
individual is not an employee of the District, then the Board of Directors is allowed to set
compensation for that individual.
PRIOR RELEVANT BOARD ACTION(S):
On December 13, 2007, the Board of Directors nominated Director Summerfield as President
and Director Mills as Vice President of the Board of Directors. In addition, the Board appointed
Michael A. Payne, General Manager as Secretary; Assistant General Manager Kenneth R.
Vecchiarelli as Assistant Secretary; and Finance Director Diane Cyganik as Auditor.
STAFF RECOMMENDATION:
The Board of Directors elects a President and a Vice President and appoints the following
Corporate Officers:
Secretary Kenneth R. Vecchiarelli, Assistant General Manager
Assistant Secretary Pat Grady, Information Technology Director
Auditor Diane Cyganik, Finance Director
COMMITTEE RECOMMENDATION:
The Executive-Administrative-Organizational Committee reviewed this issue at their meeting on
November 24, 2008. The Committee recommends the Board of Directors elect a President and
a Vice President and also appoint the employees listed above as the District's Corporate
Officers for 2009.
President/Vice President rotation
For Calendar Year
President: 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
Beverage Bev Bev Bev
Armstrong Arm Arm Arm
Collette(Korn) Korn Korn Col
Summerfield (Barbre) (Fox) Fox Sum Sum
Mills(Abramowitz) (Scanlin) Mills
Vice President: 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
Beverage Bev Bev
Armstrong Arm Arm Arm
Collett(Korn) Korn Col
Summerfield (Barbre)(Fox) Fox Sum Sum
Mills (Abramowitz) (Scanlin) Scan Mills Mills
ITEM NO.
AGENDA REPORT
Board Meeting Date: December 11, 2008
To: Board of Directors
From: Ken Vecchiarelli, Assistant General Manager
Staff Contact: Same
Reviewed by General Counsel: Yes Budgeted: Yes Total Budget: $ 61,740
Funding Source: Water Operating Fund
CEQA Account No: 121780 Job No:
Compliance: N/A Estimated Costs: $ 61,740 Dept: Admin
Subject: Annual Board of Directors Committee Assignments.
SUMMARY:
Immediately following the election of the President of the Board of Directors, the newly elected
President solicits information from the other Board members about serving on the various
standing and Ad hoc Committees.
DISCUSSION:
Pursuant to Board of Directors Rules for Organization and Procedure, the Board has five
standing committees. Each committee consists of two Directors, and each Director is assigned
to two standing committees.
Standing committees are a means for study and discussion of specific issues facing the District.
They are a source of ideas and a vehicle to garner viewpoints. They handle time consuming
research and special work, which cannot normally be handled by the Board as a whole. The
committees report to the Board giving them policy advice in the areas of each committee's
expertise. They also assist staff in developing work headed to the Board for action.
The following is a description of each standing committee and Directors currently assigned to
committees in 2008.
Exec utive-Administrative-Orcianizational Meets 3rd Tuesday @ 4:00 p.m.
Directors Summerfield and Mills To study advise and make recommendations to
Alternate: Collett the Board of Directors with regard to policy,
organization, legislative and legal issues and
the Board Goals Workshop.
Finance-Accountinq Meets 2"d Monday @ 4:00 p.m.
Directors Beverage and Summerfield To study, advise and make recommendations to
Alternate: Mills the Board of Directors with regard to budgets,
investments, rates, fees and charges, financial
reports, auditors, and appropriations.
Personnel-Risk Manaqement Meets 2"d Tuesday @ 4:00 p.m.
Directors Armstrong and Collette To study, advise and make recommendations to
Alternate: Summerfield the Board of Directors with regard to personnel,
employee relations, labor related issues and
insurance procurement.
Planninq-Enaineerinc~Qperations Meets 1St Thursday @ 4:00 p.m.
Directors Mills and Armstrong To study, advise and make recommendations to
Alternate: Beverage the Board of Directors with regard to five year
plans, construction activities, customer service,
operations and maintenance, building, equipment,
property and fire defenses.
Public Information Technoloqv Meets 1st Tuesday @ 4:00 p.m.
Directors Collett and Beverage To study, advise and make recommendations to
Alternate: Armstrong the Board of Directors with regard to all public
information activities, drought activities, community
involvement and to promote water conservation
measures.
The Board of Directors currently has three ad-hoc Committees:
OCWD Ad-Hoc Committee
No Directors currently assigned
MWDOC Ad-Hoc Committee
Directors Mills and Collett
Alternate: Summerfield
Temporarilv Discontinued
To study, advise and make recommendations to
the Board of Directors with regard to Orange
County Water District policy issues.
Meets everv other month 3rd Tuesday (ED 4:00 p.m
To study, advise and make recommendations to
the Board of Directors with regard to Municipal
Water District of Orange County issues.
Citv of Placentia Ad-Hoc Committee Meets everv other month
Director Beverage and GM To study, advise and make recommendations to
the Board of Directors with regard to the City of
Placentia regarding water or sewer issues.
The Board of Directors is involved in several Intergovernmental and "Other" meeting
assignments. They include:
District/City of YL Finance Committee:
Metropolitan Water District:
Municipal Water District of O.C.:
Orange County Water District:
Placentia City Council:
Placentia Planning Commission:
Yorba Linda City Council:
Yorba Linda Planning Commission:
ACWA/JPIA Representative:
ACWA Region 10:
ISDOC:
LAFCO:
WACO:
Assigned to Finance Committee
No assignment
No assignment
No assignment
No assignment
No assignment
Director Mills and Director Armstrong
Director Collett and Director Summerfield
Director Mills; Director Armstrong (Alternate)
No assignment
Director Mills
Director Beverage
Director Mills
PRIOR RELEVANT BOARD ACTION(S):
The newly elected Board President assigns each Board member to various committee
assignments for the upcoming year in January. President Summerfield made the current
committee assignments in January 2008.
STAFF RECOMMENDATION:
That the incoming Board President solicit information from other Board members regarding their
interest in serving on the various Standing and Ad-Hoc Committees and make appointments in
January 2009.
COMMITTEE RECOMMENDATION:
The Executive-Administrative-Organizational Committee discussed this issue at their meeting on
November 24, 2008. The Committee recommends combining the MWDOC Ad-Hoc Committee
and OCWD Ad-Hoc Committee into one. All other Committees will remain the same. The
Committee also supported the concept of maintaining continuity on various Committees by
retaining at least one of the two Directors currently assigned.
ITEM NO.
AGENDA REPORT
OF JIFIECTORS
T SSTRICT
Board Meeting Date: December 11, 2008 OFF THEDVED A BYYORBATHELINDA W WATE
RATER DISTRICT
TRICT
To: Board of Directors DEC 1 1 2008
From: Kenneth Vecchiarelli, Assistant General Manager BY
Staff Contact: Same as above
Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 61,740
Funding Source: Water Operating Fund
CEQA Account No: 111440 Job No:
Compliance: N/A Estimated Costs: $ 61,740 Dept: Admin
Subject: Annual Review and Consideration of the Board of Director's Compensation
SUMMARY:
Each year the Board of Directors reviews their compensation for attending the various meetings
for the upcoming year. The current compensation is set at $150.00 per day for each day's
service rendered as a member of the Board of Directors up to a maximum of ten days per
month.
DISCUSSION:
Ordinance No. 03-01 does not include a provision for automatic five percent annual increases.
An adjustment in Board compensation requires a public hearing and adopting a new ordinance
that must be published in a local newspaper before it is effective. State law allows the Board to
adjust compensation by a maximum of five percent once each calendar year. For 2009, the
Board could adjust their compensation by five percent to a maximum of $157.50 per meeting.
The approved budget for Director's salaries for the fiscal year 2008-2009 is $61,740. The total
was calculated using the compensation policy set forth in Ordinance 03-01 applied to an
estimated number of Board, Committee and other meetings each Director attends. If all
directors attended the maximum of 10 meetings a month for the entire year based upon the
current compensation rate, the compensation would be $90,000.
PRIOR RELEVANT BOARD ACTION(S):
In January 2003, the Board of Directors adopted Ordinance 03-01 which set the current
compensation at $150.00 per day for each day's service rendered as a member of the Board of
Directors up to a maximum of ten days per month. On November 21, 2007, the Board of
Directors voted to leave the compensation rate at its current level with no increase.
STAFF RECOMMENDATION:
That the Board of Directors consider adjustments to the Board of Director's Compensation for
2009.
COMMITTEE RECOMMENDATION:
The Executive-Administrative-Organizational Committee recommends the Board of Director's
Compensation for 2009 remain the same as 2008 at $150.00 per meeting.
Year Internal External
1991
$125
$50
1992
$125
$50
1993
$125
$50
1994
$125
$50
1995
$125
$50
1996
$125
$50
1997
$125
$50
1998
$125
$50
1999
$125
$50
2000
$125
$50
2001
$125
$50
2002
$125
$50
2003
$150
$150
2004
$150
$150
2005
$150
$150
2006
$150
$150
2007
$150
$150
2008
$150
$150
2009
Maximum
Adjustment
<< Changed to single rate
$ 7.50
Pay rule: Increase by 5% per year. CANNOT compound increases.
ITEM NO. 67
AGENDA REPORT
Board Meeting Date: December 11, 2008
To: Board of Directors
From: Ken Vecchiarelli, Assistant General Manager
Staff Contact:
Reviewed by General Counsel: Yes Budgeted: N/A
Funding Source:
CEQA Account No:
Compliance: N/A Estimated Costs: N/A
Subject: Election of Officers for the Public Financing Corporation
APPROVED BY THE BOAAD I JIRKMRS
OF THE YORBA LINDA WATER DISTRICT
DEC 1 1 2 J~1~4
BY 4W
ec~
Total Budget:
Job No:
Dept: Admin
SUMMARY:
Pursuant to the Board of Directors Rules for Organization and Procedure, as adopted in
November 2007, a President of the Board and a Vice-President shall be elected annually at the
District's reorganization meeting held at the first regular meeting of the Board in December of
every year. In addition, the officers of the Public Financing Corporation shall also be appointed
at this meeting.
DISCUSSION:
The Board of Directors of the Yorba Linda Water District shall serve as officers of the Yorba
Linda Water District Public Financing Corporation. The officers of the Corporation shall be
updated annually at the District's reorganization meeting held at the first regular meeting of the
Board in December. The person serving as the President of the Governing Board of the District
shall serve as the President of the Corporation. The person serving as Vice President of the
Governing Board of the District shall serve as Vice President of the Corporation. The person
serving as Board Secretary to the Governing Board of the District shall serve as Secretary of the
Corporation. The person serving as the Auditor of the District shall serve as Treasurer of the
Corporation.
PRIOR RELEVANT BOARD ACTION(S):
On December 13, 2007, the Board of Directors nominated Director Summerfield as President
and Director Mills as Vice President of the Board of Directors. In addition, the Board appointed
Michael A. Payne, General Manager as Secretary; Assistant General Manager Kenneth R.
Vecchiarelli as Assistant Secretary; and Finance Director Diane Cyganik as Auditor.
STAFF RECOMMENDATION:
The Board of Directors elects a President and a Vice President and appoints the following
individuals as Corporate Officers for the Public Financing Corporation:
Secretary Kenneth R. Vecchiarelli, Assistant General Manager
Assistant Secretary Pat Grady, Information Technology Director
Auditor Diane Cyganik, Finance Director
ITEM NO.
AGENDA REPORT
Board Meeting Date: December 11, 2008
APPROVED BY THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
To: Board of Directors
From: Ken Vecchiarelli, Assistant General Manager DEC EC 1 1 1 2008
Staff Contact: BY
Reviewed by General Counsel: N/A Budgeted: Total Budget: $
Funding Source:
CEQA Account No: Job No:
Compliance: N/A Estimated Costs: $ Dept: Admin
Subject: Amend Minutes of the Regular Board of Directors Meeting Held October 9, 2008
SUMMARY:
Director Beverage has requested a minor revision to the minutes of the Board meeting held
October 9, 2008. Director Beverage was not in attendance at the October 23, 2008 Board
meeting when these minutes were reviewed and approved by the Board.
DISCUSSION:
The revision requested is indicated on the attached copy of the minutes (page one only) from
the October 9, 2008 Board meeting.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors previously approved the minutes from the Board meeting held October 9,
2008 at the Board meeting held October 23, 2008.
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes from the Regular Board of Directors Meeting
held October 9, 2008 as amended.
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
October 9, 2008
The October 9, 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
Michael J. Beverage
Ric Collett
STAFF PRESENT
Michael A. Payne, General Manager
Kenneth R. Vecchiarelli, Asst. G.M.
Arthur G. Kidman, General Counsel
Lee Cory, Operations Manager
Diane Cyganik, Finance Director
Annie Alexander, Executive Secretary
Jennifer Hill, Meter Services Rep.
Nicholas Hollon, Meter Reader I
Kelly King, Meter Reader I
DIRECTORS ABSENT AT ROLL CALL
William R. Mills, Vice President
Paul R. Armstrong
INTRODUCTION OF VISITORS AND PUBLIC COMMENTS
Assistant General Manager Vecchiarelli introduced Brett Barbre, MWDOC Director.
SPECIAL RECOGNITION
Meter Services Representative Jennifer Hill,
newly hired Meter Reader I's.
introduced Nicholas Hollon and Kelly King,
CONSENT CALENDAR (Items 1 through 31
Director Beverage stated that he would need to abstain from voting on Check No.
50147 of Item 2 as he had received income over $500 within the past 12 months from
Metcalf & Eddy, Inc. General Counsel Kidman
advised that Check No. 50147 be removed from the consent calendar and brought back
for approval at the next Board meeting as there was not a quorum with Director
Beverage abstaining.
On a motion by Director Collett, seconded by Director Summen`ield, the Board of
Directors voted 3-0 to approve the Consent Calendar with the exception of Check
No. 50147 of Item 2 which is to be continued until October 23, 2008.
1. Minutes of the Regular Board of Directors meeting held September 25, 2008.
Recommendation: Approve the minutes as presented.
APPROVED BY THE BOARD OF DIRECTORS
OFTHE YORBA LINDAWATER DISTRICT ITEM NO. tO
DEC 1 1 ,2008 MINUTES OF THE
YORBA LINDA WATER DISTRICT
BY BOARD OF DIRECTORS REGULAR MEETING
October 23, 2008
The October 23, 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 STAFF PRESENT
John W. Summerfield, President
Michael A. Payne, General Manager
William R. Mills, Vice President
Kenneth R. Vecchiarelli, Asst. G.M.
Ric Collett
Lee Cory, Operations Manager
Diane Cyganik, Finance Director
Pat Grady, IT Director
Hank Samaripa, Project Engineer
Art Vega, Information Systems Admin.
Stacy Bavol, Customer Service Supervisor
John DeCriscio, Chief Plant Operator
Steve Clayton, Plant Operator II
Jennifer Hill
Meter Services Rep
,
.
Nick Hollon, Meter Reader I
Nicole Dalton, Meter Reader I
Kenny Graff, Maintenance Worker I
Jorge Lopez, Maintenance Worker I
Jimmy DeAnda, Maintenance Worker I
Anthony Varian, Maintenance Worker 1
Ruben Gonzales, Facilities Maintenance
Annie Alexander, Executive Secretary
DIRECTORS ABSENT AT ROLL CALL
Paul R. Armstrong
Michael J. Beverage
INTRODUCTION OF VISITORS AND PUBLIC COMMENTS
Assistant General Manager Vecchiarelli introduced the following individuals.
Nikki Williams, Project Manager Marina Landscape Contractors
Kristen Ness, Executive Assistant Marina Landscape Contractors
Nitin Patel, CPA Diehl, Evans & Company
Thomas Ziencina, President Datanet Solutions
Leonard Dominquez, VP of Bus. Development Datanet Solutions
There were no public comments.
SPECIAL RECOGNITION
Ms. Williams and Ms. Ness presented the Board of Directors with an award from the
California Landscape Contractors Association for the District's drought tolerant
landscaping.
The Board of Directors then recognized the following staff for passing their State of
California Water Distribution certification:
Steve Clayton, Plant Operator II Water Distribution V
Nicole Dalton, Meter Reader I Water Distribution II
Jimmy DeAnda, Maintenance Worker I Water Distribution II
Nick Hollon, Meter Reader I Water Distribution 11
Jorge Lopez, Maintenance Worker I Water Distribution II
Anthony Varian, Maintenance Worker I Water Distribution II
Kenny Graff, Maintenance Worker I Water Distribution I
CONSENT CALENDAR
Director Summerfield requested to remove Item 1 from the Consent Calendar. Director
Collett stated that he would need to abstain from voting on Check No. 50186 of Item 2.
This check was removed from the consent calendar and will be brought back for
approval at the next Board meeting as there was not a quorum with Director Collett
abstaining.
On a motion by Director Mills, seconded by Director Collett, the Board of
Directors voted 3-0 to approve the Consent Calendar with the exception of Item 1
and Check No. 50186 of Item 2.
2. Payment of bills, refunds, and wire transfers.
3. Progress Payment No. 5 for the Highland Reservoir Replacement Project.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION,
Director Summerfield requested that Item 1 be corrected to reflect that the Board
adjourned to a regular meeting scheduled for October 23, 2008 at 8:30 a.m.
On a motion by Director Summen`ield, seconded by Director Mills, the Board of
Directors voted 3-0 to approve Item 1 as corrected.
Minutes of the Regular Board of Directors meeting held October 9, 2008.
ACTION CALENDAR
4. Final Audited Financial Statements for the period ending June 30, 2008.
Finance Director Cyganik introduced Mr. Patel who then provided a brief
overview of the financial statements and responded to questions from the Board.
Director Summerfield stated that the Finance-Accounting Committee met with the
2
auditors on October 14, 2008 and recommended that the Board receive and file
the final audited financial statements.
On a motion by Director Mills, seconded by Director Collett, the Board of
Directors voted 3-0 to receive and file the final audited financial statements for
the period ending June 30, 2008.
5. Electronic Imaging and Agenda Automation System.
Information Technology Director Grady explained the benefits of both systems
and responded to questions from the Board.
On a motion by Director Collett, seconded by Director Mills, the Board of
Directors voted 3-0 to authorize the General Manager to execute a Professional
Services Agreement with Datanet Solutions at a cost of $69,192 for the
Laserfiche electronic imaging system and the NovusAgenda automation system.
6. Identity Theft Prevention Program.
Information Technology Director Grady explained the purpose and impacts of the
proposed Identity Theft Prevention program. The most significant impact of the
program would be that new customers would be required to sign up for water
service in person. Staff recommends that the new policy procedures be effective
January 1, 2009 to allow enough time for the program to be implemented
properly. Finance Director Cyganik stated that the Executive-Ad min istrative-
Organizational Committee had reviewed the program and recommended Board
approval.
On a motion by Director Mills, seconded by Director Collett, the Board of
Directors on a Roll Call voted 3-0 to adopt Resolution 08-12 approving an Identity
Theft Prevention Program for the District.
DISCUSSION ITEMS
7. None.
REPORTS. INFORMATION ITEMS AND COMMENTS
8. a. President's Report
President Summerfield announced that he may be unavailable to attend
the Finance-Accounting meeting on November 10 and the Board meeting
on November 12. Director Collett also announced that he would be
unavailable to attend the Board meeting on November 12. Scheduling a
date for the next regular Board meeting will be discussed at the Board
workshop meeting on October 30. President Summerfield and Vice
President Mills will be attending the Fiesta Days Celebration on October
25.
b. Directors' Reports
Director Mills commented on the status of CalPERS and the possible
effect on District contribution rates. General Manager Payne responded to
questions from the Board regarding this issue and stated that Finance
3
Director Cyganik was scheduled to attend a CalPERS conference next
week. A report will be made to the Finance-Accounting committee at the
next meeting.
Director Mills also commented on a recent segment in the PBS
"California's Water" series and encouraged staff to try to use the video as
an educational resource for District customers.
Assistant General Manager Vecchiarelli then responded to questions from
Director Collett regarding the annexation in progress.
C. General Manager's Report
Assistant General Manager Vecchiarelli reminded the Board regarding the
upcoming Fiesta Days Parade and Golden Guardian Event. General
Manager Payne reported that the Boys & Girls Club had recently used the
District's training room to conduct a seminar. Staff is working on
developing a Facilities Use Agreement for this purpose. Assistant General
Manager Vecchiarelli reported that the District had participated in the
Heritage Days Parade which went well.
COMMITTEE REPORTS
9. a. Executive-Administrative-Organizational Committee
(Summerfield/Mills) Alternate: Collett
1) Minutes of the meeting held October 21 were presented at the
meeting. Directors Summerfield and Mills attended. Items
discussed during the meeting were as follows: Identity Theft
Prevention program, termination of agreement with Sacramento
Advocates, Inc., Fullerton Arboretum Water Conservation Garden
partnership request, status of grant and legislative activities and
review of General Counsel's final report on 2008 legislative bills.
2) Meeting scheduled for November 18, 4:00 p.m.
b. Finance-Accounting Committee
(Beverage/Summerfield) Alternate: Mills
1) Minutes of the meeting held October 14 were included in the
agenda packet. Directors Beverage and Summerfield attended.
Items discussed during the meeting were the 2007/2008 audited
financial statements, investment report ending August 31, 2008 and
the Wells Capital portfolio investments.
2) Meeting scheduled for November 10, 8:00 a.m.
4
C. Personnel-Risk Management Committee
(Armstrong/Collett) Alternate: Summerfield
1) Minutes of the meeting held October 13 were included in the
agenda packet. Directors Collett and Summerfield attended. Items
discussed during the meeting were as follows: ACWA Health
Benefits Authority 2009 health plan rating restructure, status of
recruitments, CaIPACS 2008 salary survey, and status of personnel
on administrative leave and risk management activities.
2) Meeting scheduled for November 10, 4:00 p.m.
d. Planning-Engineering-Operations Committee
(Mills/Armstrong) Alternate: Beverage
1) Meeting scheduled for November 6, 4:00 p.m.
e. Public Information-Technology Committee
(Collett/Beverage) Alternate: Armstrong
C. Yorba Lind Planning Commission, October 15 (Collett)
Director Collett did not attend.
d. Yorba Linda City Council, October 21 (Mills)
Director Mills did not attend.
5
BOARD OF DIRECTORS ACTIVITY CALENDAR
Authorization to attend meetings scheduled after October 23, 2008. Agenda is available in the District office prior to
meeting.
October 2008
FDistrict Board Meeting, Oct 23, 8:30 a.m.
Yorba Linda Fiesta Days Parade, Oct 25, 10:00 a.m.
MWDOC Ad Hoc Committee Meeting, Oct 28, 4:00 p.m. I Mills/Collett
Yorba Linda Planning Commission, Oct 29, 7:00 p.m. I Summerfield
District Board Workshop, Oct 30, 8:00 a.m.
November 2008
(Public Information -Technology Committee, Nov 4, 4:00 p.m. Collett/Beverage
Yorba Linda City Council, Nov 4, 6:30 p.m.
I Mills
MWDOC/MWD Workshop, Nov 5, 7:30 a.m.
I Staff
OCWD Board, Nov 5, 5:00 p.m.
I Staff
Planning-Engineering-Operations Committee, Nov 6, 4:00 p.m.
I Mills/Armstrong
Placentia Ad Hoc Committee, Nov 7, 10:00 a.m.
Beverage
Finance-Accounting Committee, Nov 10, 8:00 a.m.
Beverage/Summerfield
Personnel-Risk Management Committee, Nov 10, 4:00 p.m.
I Armstrong/Collett
Holiday, Nov 11
I District Offices Closed
District Board Meeting, Nov 12, 8:30 a.m.
Yorba Linda Planning Commission, Nov 12, 7:00 p.m.
I Collett
Executive-Admin-Organizational Committee, Nov 18, 4:00 p.m. I Summerfield/Mills
Yorba Linda City Council, Nov 18, 6:30 p.m.
I Armstrong
MWDOC Board, Nov 19, 8:30 a.m.
Staff
OCWD Board, Nov 19, 5:00 p.m.
I Staff
District Board Meeting, Nov 26, 8:30 a.m.
Yorba Linda Planninq Commission, Nov 26, 7:00 p.m. *
I Summerfield
Holiday, Nov 27-28
I District Offices Closed
December 2008
[Public Information-Technology Committee, Dec 2, 4:00 p.m.
Yorba Linda City Council, Dec 2, 6:30 p.m.
MWDOC/MWD Workshop, Dec 3, 7:30 a.m.
OCWD Board, Dec 3, 5:00 p.m.
Planning-Engineering-Operations Committee, Dec 4, 4:00 p.m.
Personnel-Risk Management Committee, Dec 8, 4:00 p.m.
Finance-Accounting Committee, Dec 9, 4:00 p.m.
Yorba Linda Planning Commission, Dec 10, 7:00 p.m.
District Board Meeting, Dec 11, 8:30 a.m.
Executive-Admin-Organizational Committee, Dec 16, 4:00 p.m
Yorba Linda City Council, Dec 16, 6:30 p.m.
MWDOC Board, Dec 17, 8:30 a.m.
OCWD Board, Dec 17, 5:00 p.m.
District Board Meeting, Dec 23, 8:30 a.m.
MWDOC Ad Hoc Committee Meeting, Dec 23, 4:00 p.m.
Yorba Linda Planning Commission, Dec 24, 7:00 p.m. *
*May be rescheduled due to the upcoming holidays.
Collett/Beverage
Mills
Staff
Staff
Mills/Armstrong
Armstronq/Collett
Beverage/Summerfield
Collett
Summerfield/Mills
Armstrong
Staff
Staff
Summerfield
6
CONFERENCES AND SEMINARS
11. Authorize attendance of Directors and such staff members of the District as
approved by the General Manager to attend the following conferences and
seminars.
a. MWDOC Water Policy Forum and Dinner- November 12, 2008.
Director Mills requested to attend the event.
ADJOURN TO CLOSED SESSION
12. None
to adjourn at 9:45 a.m. to a workshop meeting of the Board of Directors scheduled for
October 30, 2008 at 8:00 a.m., at 1717 E. Miraloma Avenue, Placentia 92870.
7
APPROVED BY THE BOARD OF DIRECTORS
OFTHE YORBA LINDA WATER DISTRICT ITEM NO.
DEC 1 1 2008 MINUTES OF THE
YORBA LINDA WATER DISTRICT
BY ;ial BOARD OF DIRECTORS REGULAR MEETING
November 26, 2008
The November 26, 2008 regular meeting of the Yorba Linda Water District Board of
Directors was called to order by President Summerfield at 8:33 a.m. The meeting was
held at the District's offices at 1717 E. Miraloma Avenue, Placentia, CA.
DIRECTORS PRESENT AT ROLL CALL STAFF PRESENT
John W. Summerfield, President Michael A. Payne, General Manager
William R. Mills, Vice President Kenneth R. Vecchiarelli, Asst. G.M.
Paul R. Armstrong Arthur G. Kidman, General Counsel
Ric Collett
Michael J. Beverage
INTRODUCTION OF
Assistant General M
Lake Village Home C
status of the District';
issues within the dev
to questions from the
the design nearly con
President Summe
Linda Bauerme
Brett Barbre, DI
Laer Pearce, Pi
Mark Abramow
Lee Cory, Operations Manager
Pat Grady, IT Director
Gina Knight, Human Resources Manager
Sandi Van Etten, Senior Accountant
Stacy Bavol, Customer Service Supervisor
Nichole Dalton, Meter Reader II
Cindy Botts, Assistant Administrator I
Annie Alexander, Executive Secretary
AND PUBLIC COMMENTS
;chiarelli introduced Jim Wohlt, President of the East
)ciation. Mr. Wohlt addressed the Board regarding the
3tion project which will help mediate the water pressure
\ssistant General Manager Vecchiarelli then responded
Mr. Wohlt and stated that the project was on track and
introduced the following visitors:
rney Barber & Bauermeister
MWDOC
Laer Pearce & Associates
ent Community Environmental Services
SPECIAL RECOGNITION
Customer Service Supervisor Bavol introduced Nichole Dalton, recently promoted to
Meter Reader II. General Manager Payne stated that Ms. Dalton had worked at the
local assistance center during the previous weekend.
ADJOURN TO CLOSED SESSION
On a motion by Director Mills, seconded by Director Collett the Board entered into
Closed Session at 8:40 a.m. All Directors were present. Also present were General
Manager Payne, Assistant General Manager Vecchiarelli, and Ms. Bauermeister.
13. Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation Pursuant to Subdivision (b)(1)(b) of Section
54956.9 of the California Government Code
Number of Potential Cases: Unknown
The exposure to litigation arises from assertions of District responsibility for
property and related losses incurred during the "Freeway Complex" firestorm of
November 15 and 16, 2008.
CLOSED SESSION REPORT
The Board reconvened in Open Session at 9:53 a.m. There were no reportable items
from the Closed Session.
CONSENT CALENDAR
Director Mills questioned Check No. 50439 of Item 4. Assistant General Manager
Vecchiarelli explained the purpose of the payment made to the City of Placentia.
On a motion by Director Armstrong, seconded by Director Mills, the Board voted
5-0 to approve the Consent Calendar with Director Collett abstaining from voting
on Check No. 50480 of Item 4 as he had a relationship with the business.
1. Minutes of the Regular Board of Directors meeting held November 12, 2008
2. Minutes of the Special Board of Directors meeting held November 18, 2008
3. Minutes of the Special Board of Directors meeting held November 19, 2008
4. Payment of Bills, Refunds, and Wire Transfers
5. Investment Report for Quarter Ending September 30, 2008
ACTION ITEMS
6. Approve Resolution No. 08-13 Setting Time and Place for all Regular Meetings
and Manner to Call Special Meetings
Assistant General Manager Vecchiarelli reported that the Executive-
Administrative-Organizational Committee had reviewed the Resolution and
discussed recommending to the Board to hold the first regular meeting of each
month in the evening. Following discussion, it was the consensus of the Board to
approve the Resolution as presented and to adjourn to an evening meeting time
as needed.
On a motion by Director Beverage, seconded by Director Summerfield, the Board
voted 5-0 to approve Resolution No. 08-13 Setting Time and Place for all Regular
Meetings and rescinding Resolution No. 90-41.
2
7. Designate Director Mills as Voting Delegate for the ACWA Fall Conference
General Membership Session
On a motion by Director Collett, seconded by Director Armstrong, the Board
voted 5-0 to designate Director Mills as the voting delegate for the ACWA Fall
Conference General Membership Session.
7a. Request to Add Item to Agenda
Assistant General Manager Vecchiarelli requested to add Approval of Resolution
No. 08-14 (Item No. 7b.) to the agenda as there was a need for immediate action
and that the need for action came to the attention of staff subsequent to the
agenda being posted.
On a motion by Director Mills, seconded by Director Collett, the Board voted 5-0
to add approval of Resolution No. 08-14 (Item No. 7b) to the agenda.
7b. Approve Resolution No. 08-14 Designating Agents to Provide to the State Office
of Emergency Services for all Matters Pertaining to State Disaster Assistance For
and In Behalf of the Yorba Linda Water District
On a motion by Director Collett, seconded by Director Mills, the Board voted 5-0
to approve Resolution No. 08-14 Designating Agents to Provide to the State
Office of Emergency Services for all Matters Pertaining to State Disaster
Assistance For and In Behalf of the Yorba Linda Water District.
DISCUSSION ITEMS
8. Status of District Facilities, Distribution System and Community Outreach Efforts
Related to Firestorm Event
Assistant General Manager Vecchiarelli provided a brief overview of events
related to the recent firestorm. The boil water notice for the Hidden Hills Estates
was lifted on November 20, 2008. A reverse 911 system was used to
disseminate this message to all District residents. A total of 13,400 calls were
confirmed to have been received. The light board at the estate entrance has
been updated as well. Staff also began working with the City of Yorba Linda
early in the week to help prepare against possible mudslides with the coming
rains.
Mr. Wohlt addressed the Board and stated that he felt all notices to the public
related to the firestorm be given by District management rather than a public
relations firm.
Mr. Pearce addressed the Board and explained that due to the overwhelming
number of calls the District was receiving during and after the firestorm event,
staff was unable to respond to them all. Since that time, Assistant General
Manager Vecchiarelli has served as the District's primary spokesperson.
3
9. a. President's Report
President Summerfield did not have anything to report.
b. Directors' Reports
Director Armstrong questioned when the action reports from the fire and
police departments would be made available. Assistant General Manager
Vecchiarelli stated that these reports would be presented to the Yorba
Linda City Council within the next week or so.
C. Assistant General Manager Vecchiarelli thanked the Board for their help
and support associated with the firestorm event. Mr. Vecchiarelli also
commended staff for their related efforts.
d. General Counsel's Report
General Counsel Kidman reported that the District had received some
questions regarding the special meetings held the previous week. Mr.
Kidman explained that it is acceptable for the Board to request individuals
making public comments to identify themselves or complete a request to
speak form. This practice is not improper although if an individual wishing
to address the Board did not want to release their name for personal
reasons, it is not required. Mr. Kidman also stated that the special
meeting called on November 18, 2008 was called on too short notice to
meet the 24 hour posting requirements as required by the Ralph M. Brown
Act. Staff and legal counsel made the decision to proceed with the special
meeting as an emergency meeting could not be called. Notice of the
meeting was given to all Directors and other interested parties as well as
posted on the District's bulletin board and website. No action was taken at
the special meeting. Mr. Kidman further commented on his experience of
with working with the District and staff efforts to prepare for the firestorm.
10. a. Executive-Administrative-Organizational Committee
(Summerfield/Mills) Alternate: Collett
1) Minutes of the meeting held November 24 were presented at the
meeting. Directors Summerfield and Mills attended. Items
discussed during the meeting were as follows: consider Resolution
No. 08-13 Setting Time and Place for All Regular Meetings;
consider Resolution No. 08-XX Authorizing Individuals to Transfer
Funds via the Federal Wire System; consider reorganization of the
Board to select a President, Vice President and to appoint
Corporate Officers; consider Board Committee assignments;
consider Board compensation; consider policy for approval of
Board meeting minutes; declaration of conflicts of interest during
public meetings; Fullerton Arboretum Water Conservation Garden
Partnership; future presentation to Board by LAFCO; reports on
legislative and grant activities; scheduling future OCWD Ad Hoc
Committee meetings; and report on pass-through policy.
2) Meeting scheduled for December 16, 4:00 p.m.
4
b. Finance-Accounting Committee
(Beverage/Summerfield) Alternate: Mills
1) Meeting scheduled for December 10, 4:00 p.m.
C. Personnel-Risk Management Committee
(Armstrong/Collett) Alternate: Summerfield
1) Meeting scheduled for December 9, 10:00 a.m.
d. Planning-Engineering-Operations Committee
(Mills/Armstrong) Alternate: Beverage
1) Meeting scheduled for December 4, 4:00 p.m.
e. Public Information-Technology Committee
(Collett/Beverage) Alternate: Armstrong
1) Meeting scheduled for December 2, 4:00 p.m.
f.
MWDOC Ad Hoc Committee
(Mills/Collett) Alternate: Summen`ield
1) Meeting to be scheduled.
g.
City of Placentia Ad Hoc Committee
(Beverage/Payne)
1) Meeting to be scheduled.
INTERGOVERNMENTAL MEETINGS
11. a.
MWDOC Board, November 19 (Staff)
Staff did not attend.
b.
OCW D Board, November 19 (Staff)
Staff did not attend.
C.
Yorba Linda Planning Commission, November 12 (Collett)
Director Collett did not attend.
d. Yorba Linda City Council, November 18 (Armstrong)
Director Armstrong attended. The majority of the meeting covered the
firestorm. There was no other significant action taken.
5
BOARD OF DIRECTORS ACTIVITY CALENDAR
Authorization to attend meetings scheduled after November 26, 2008. Agenda is available in the District office prior
to meeting.
November 2008
FYorba Linda Planning Commission, Nov 26, 7:00 p.m. ICANCELED
Holiday, Nov 27-28 1 District Offices Closed
December 2008
FPersonnel-Risk Management Committee, Dec 1, 4:00 p.m.
Armstrong/Collett
Public Information-Technoloqy Committee, Dec 2, 4:00 p.m.
Collett/Beverage
Yorba Linda City Council, Dec 2, 6:30 p.m.
Mills
MWDOC/MWD Workshop, Dec 3, 7:30 a.m.
Staff
OCWD Board, Dec 3, 5:00 p.m.
Staff
Planning-Engineering-Operations Committee, Dec 4, 4:00 p.m.
Mills/Armstrong
Finance-Accounting Committee, Dec 9, 4:00 p.m.
Beverage/Summerfield
Yorba Linda Planning Commission, Dec 10, 7:00 p.m.
Collett
District Board Meeting, Dec 11, 8:30 a.m.
Executive-Admin-Orqanizational Committee, Dec 16, 4:00 p.m. Summerfield/Mills
Yorba Linda City Council, Dec 16, 6:30 p.m.
Armstrong
MWDOC Board, Dec 17, 8:30 a.m.
Staff
OCWD Board, Dec 17, 5:00 p.m.
Staff
District Board Meeting, Dec 23, 8:30 a.m.
Yorba Linda Planninq Commission, Dec 24, 7:00 p.m.
I CANCELED
Holiday, Dec 25-26 District Offices Closed
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.
On a motion by Director Beverage, seconded by Director Collett, the Board voted
5-0 to authorize attendance of Directors and such staff members of the District as
approved by the General Manager to attend the following conference.
a. 2009 ACWA Washington, DC Conference - February 24-26, 2009.
ADJOURNMENT
On a motion by Director Mills, seconded by Director Collett, the Board voted to adjourn
at 10:58 a.m. to a regular meeting of the Board of Directors scheduled for December 11,
2008 at 6:30 p.m., at 1717 E. Miraloma Avenue, Placentia 92870.
6
ITEM NO. /0
AGENDA REPORT
APPROVED BY THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
Board Meeting Date: December 11, 2008 DEC 1 1 2008
To: Board of Directors
BY
From: Kenneth R. Vecchiarelli, Assistant General Manager
Staff Contact: Diane Cyganik, Finance Director
Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: N/A
Funding Source: All Funds
CEQA Account No: N/A Job No: N/A
Compliance: N/A Estimated Costs: $1,046,896.95 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 $7,015.75
to City National Bank for Job 200704 November 2008 retention payment; a check of
$368,926.76 to Schuler Engineering for Job 200309 progress payment; and, a check of
$133,679.30 to SSC Construction for Job 200704 progress payment. The balance of
$307,973.12 is routine invoices.
ADP is now issuing our payroll checks, with the exception of the third party checks, listed below.
In summary, the check register total is $817,594.93; payroll No. 23 total is $229,302.02; and, the
disbursements of this agenda report are $1,046,896.95. A summary of the checks is as follows:
Pavables:
Void Check Check No. 50153
Manual Check Check No. 50504
Computer Checks Check Nos. 50505 - 50589
Pavroll #23:
Manual Checks Check Nos. 4208 - 4213
The disbursement total for the current period is $1,046,896.95, distributed as follows:
Water $1,021,919.62
Sewer $ 13,249.90
ID #1 $ 0.00
ID #2 $ 11.727.43
TOTAL $1,046,896.95
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 $1,046,896.95.
December 11, 2008
CHECK NUMBERS
50153 $ 0.00
50504 TO 50589 $ 810,579.18
WIRE:
W-121108 City National Bank $ 7,015.75
TOTAL OF CHECKS AND WIRE:
PAYROLL NO. 23:
CHECK NUMBERS:
$ 817,594.93
4208 TO 4213 $ 229,302.02
TOTAL: $ 1,046,896.95
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF DECEMBER 11, 2008
TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS
AS FOLLOWS:
WATER $1,021,919.62 SEWER $ 13,249.90
ID # 1 $ 0.00 ID # 2 $ 11,727.43
TOTAL: $1,046,896.95
Yorba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 11-27-08 THRU 12-11-08
Check.
Check...
Posting.
Vendor Name
Check.....
No
Date
Date
Amount
50507
12-11-08
12-11-08
ABIGAIL ABBOTT STAFFING SVC
2,490.50
50508
12-11-08
12-11-08
ADVANCED INFRASTRUCTURE
289.46
50509
12-11-08
12-11-08
ANAHEIM WHEEL & TIRE
390.00
50510
12-11-08
12-11-08
AQUA-METRIC SALES CO.
12,218.85
50511
12-11-08
12-11-08
ARROWHEAD
13.41
50512
12-11-08
12-11-08
ARTISTIC MAINTENANCE, INC
3,495.60
50513
12-11-08
12-11-08
AT & T - CALNET2
6,862.77
50514
12-11-08
12-11-08
B & M LAWN & GARDEN
535.94
50515
12-11-08
12-11-08
BOARD OF EQUALIZATION
2,000.00
50516
12-11-08
12-11-08
CADET UNIFORM SERVICE
755.20
50517
12-11-08
12-11-08
CAROLLO ENGINEERS
38,046.22
50518
12-11-08
12-11-08
CERIDIAN BENEFITS SERVICES
100.00
50519
12-11-08
12-11-08
CITIZEN'S BUSINESS BANK
40,991.86
121108
12-11-08
12-11-08
CITY NATIONAL BANK
7,015.75
50520
12-11-08
12-11-08
CITY OF PLACENTIA
367.08
50521
12-11-08
12-11-08
CITY OF PLACENTIA
10,856.11
50522
12-11-08
12-11-08
CLINICAL LAB. OF SAN BERN.
1,725.00
50523
12-11-08
12-11-08
CNA SURETY
350.00
50524
12-11-08
12-11-08
COAST SURVEYING, INC.
1,905.50
50525
12-11-08
12-11-08
COM SER CO INC.
1,840.15
50526
12-11-08
12-11-08
COOPERATIVE PURCHASERS
1,771.84
50527
12-11-08
12-11-08
CPR TECHNOLOGY
219.76
50528
12-11-08
12-11-08
CULLIGAN
1,818.80
50529
12-11-08
12-11-08
D. R. CRISKE TRUCKING
700.38
50530
12-11-08
12-11-08
DATANET SOLUTIONS INC.
15,039.31
50531
12-11-08
12-11-08
DIANE CYGANIK
137.90
50532
12-11-08
12-11-08
ECONOMY RADIATOR REPAIR
65.00
50533
12-11-08
12-11-08
EISEL ENTERPRISES, INC.
363.66
50534
12-11-08
12-11-08
FIRST AMERICAN TITLE
800.00
50535
12-11-08
12-11-08
FRANKLIN COVEY PRODUCTS LLC
57.00
50536
12-11-08
12-11-08
FRY'S ELECTRONICS
286.55
50537
12-11-08
12-11-08
GARDEN GATE FLOWER SHOP
269.33
50538
12-11-08
12-11-08
INFOSEND
7,725.62
50539
12-11-08
12-11-08
INTERIORS BY JANI-TRESS
11,630.72
50540
12-11-08
12-11-08
J & S CONSTRUCTION
5,892.00
Yorba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 11-27-08 THRU 12-11-08
Check.
Check...
Posting.
Vendor Name
Check.....
No
Date
Date
Amount
50541
12-11-08
12-11-08
KB DESIGN
620.37
50542
12-11-08
12-11-08
KTS SERVICES, INC.
1,322.50
50543
12-11-08
12-11-08
LOS ANGELES TIMES-DELIVERY
273.00
50544
12-11-08
12-11-08
MAXIMUM PC
12.00
50545
12-11-08
12-11-08
MC MASTER-CARR SUPPLY CO.
253.24
50546
12-11-08
12-11-08
MCCORMICK,KIDMAN & BEHRENS LLP
21,547.29
50547
12-11-08
12-11-08
MICHELLE TUCHMAN
1,625.00
50548
12-11-08
12-11-08
MOBILE HOSE & HYDRAULIC SUPPLY
934.07
50549
12-11-08
12-11-08
NEOPOST INC
419.90
50550
12-11-08
12-11-08
NEXTEL OF CALIFORNIA
1,957.52
50551
12-11-08
12-11-08
NICKEY PETROLEUM CO
6,136.58
50153
10-09-08
12-03-08
OFFICE SOLUTIONS
-229.43
50552
12-11-08
12-11-08
OFFICE SOLUTIONS
279.63
50553
12-11-08
12-11-08
OMNI WESTERN INC
204.57
50505
12-11-08
12-11-08
PARDEE HOMES
581.28
50554
12-11-08
12-11-08
PEGGY McCLURE
262.50
50555
12-11-08
12-11-08
PETE'S PARTS & ACCESSORIES
5,233.01
50556
12-11-08
12-11-08
PROBOLSKY RESEARCH LLC
3,721.00
50557
12-11-08
12-11-08
PROJECT PARTNERS, INC.
15,073.43
50558
12-11-08
12-11-08
PSOMAS & ASSOCIATES
14,173.02
50559
12-11-08
12-11-08
R & S OVERHEAD DOORS
339.00
50560
12-11-08
12-11-08
R J SERVICES, INC
5,617.78
50561
12-11-08
12-11-08
REFRIGERATION SUPPLIES
145.38
50506
12-11-08
12-11-08
REO INNOVATIONS
31.75
50562
12-11-08
12-11-08
RICHARD GANGLOFF III
306.55
50563
12-11-08
12-11-08
RKI ENGINEERING, LLC
8,640.00
50564
12-11-08
12-11-08
RUBEN GONZALES
88.80
50565
12-11-08
12-11-08
SACRAMENTO ADVOCATES
3,000.00
50566
12-11-08
12-11-08
SANDI VAN ETTEN
937.10
50567
12-11-08
12-11-08
SCHULER ENGINEERING CORP.
368,926.76
50568
12-11-08
12-11-08
SCOTT W. MOULTON
5,378.40
50569
12-11-08
12-11-08
SELMAN CHEVROLET COMPANY
1,117.07
50570
12-11-08
12-11-08
SENIK PAINT CO.
612.88
50571
12-11-08
12-11-08
SHRED-IT LOS ANGELES
68.60
50572
12-11-08
12-11-08
SO CAL SANDBAGS INC.
604.06
Yorba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 11-27-08 THRU 12-11-08
Check. Check... Posting. Vendor Name Check.....
No Date Date Amount
50573
12-11-08
12-11-08
SOUTHERN CALIF EDISON CO.
31.84
50574
12-11-08
12-11-08
SOUTHERN CALIF GAS CO.
13,174.44
50575
12-11-08
12-11-08
SSC CONSTRUCTION, INC
133,679.30
50504
12-03-08
12-03-08
ST. JOSEPH SCRIP
3,700.00
50576
12-11-08
12-11-08
STACY BAVOL/PETTY CASH
47.67
50577
12-11-08
12-11-08
STATER BROS. MARKETS
23.89
50578
12-11-08
12-11-08
SUNSTATE EQUIPMENT CO
68.96
50579
12-11-08
12-11-08
SWRCB ACCOUNTING OFFICE/
2,678.00
50580
12-11-08
12-11-08
TOWNSEND PUBLIC AFFAIRS, INC.
5,240.00
50581
12-11-08
12-11-08
UNDERGROUND SERVICE ALERT
120.00
50582
12-11-08
12-11-08
UNITED INDUSTRIES
709.33
50583
12-11-08
12-11-08
UNITED RENTALS - FULLERTON
61.14
50584
12-11-08
12-11-08
VERIZON WIRELESS
423.31
50585
12-11-08
12-11-08
VISION SERVICE PLAN
1,643.51
50586
12-11-08
12-11-08
WELLS SUPPLY CO
193.95
50587
12-11-08
12-11-08
WESTERN HIGHWAY PRODUCTS, INC.
5,453.41
50588
12-11-08
12-11-08
YORBA LINDA AUTO PARTS
792.30
50589
12-11-08
12-11-08
ZANE WOLLER
312.00
817,594.93
ITEM NO.
AGENDA REPORT
Board Meeting Date: December 11, 2008
APPROVED BY THE 90AR0 OF ilIRECTOHS
Of THE YORRA LINDA WATER DISTRICT
To: Board of Directors
DEC 1 1 2008
From: Ken Vecchiarelli, Assistant General Manager
BY_~
Staff Contact: Annie Alexander, Executive Secretary
Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 13,625
Funding Source: Water Operating Fund
CEQA Account No: 121640 Job No:
Compliance: N/A Estimated Costs: $ 15,576 Dept: Admin
Subject: 2009 Association of California Water Agencies Annual Membership Dues
SUMMARY:
The Association of California Water Agencies
membership dues in the amount of $15,576.
(ACWA) has sent its annual invoice for 2009
DISCUSSION:
ACWA is the largest coalition of public water agencies in the United States. It is a leader on
California water issues and provides information to members in the legislative and regulatory
fields both in Sacramento and in Washington, D.C. ACWA's 447 public agency members
deliver 90% of the water used by communities, cities, businesses and farms in California.
ACWA's mission is to assist its members in promoting the development, management and use
of good quality water at the lowest cost. ACWA has developed the following six program areas
which are designed to meet the needs of its membership through: state legislation, federal
affairs, regulatory affairs, communications and outreach, benefits and insurance and meetings
and membership.
ACWA's membership dues are calculated using the District's operation and maintenance (O&M)
expenses as reported to the State Controller's office which is attached.
PRIOR RELEVANT BOARD ACTION(S):
Each year the Board of Directors considers membership in ACWA. The 2008 membership dues
were approved on December 27, 2007 in the amount of $12,345.
STAFF RECOMMENDATION:
That the Board of Directors provide direction to staff regarding the payment of the 2009 ACWA
membership dues in the amount of $15,576.
COMMITTEE RECOMMENDATION:
This agenda item was not presented to the Executive-Administrative-Organizational Committee.
INVOICE
Federal Identification Number: 94-6003910
Yorba Linda WD
Accounts Payable
Po 6-
Yorbr Li nd,~ . (-'A
110; to/08
l1i, IOU, UU
1) 416.00
LESS PAYMENT b
AMOUNT DUE 15.576.01
`0 ,
13!!SNIT
T ` -
ASSOCIATION OF
CALIFORNIA WATER AGENCIES
PO BOX 2408
SACRAMENTO, CA 95812-2408
(916) 441-4545 FAX (916) 325-4849
0P
O C T 7 6 2008
e- J
v._
nnual membership dues include $50 for each one-ye
o A(-WA News (Quantities based on membership type)
2009 Mempef zx' "r
October 08, 2008
Date:
1165
yorba Linda WD
Ming Expenses
,her Expenses
(3) Total Expenses
:SS
rchased power
later purchases
groundwater Replenishment
$22,821,086
$0
$22,821'086
$0
$10,703,037
$0
$3,445,868
$0
Depreciation
y,.. °~8,672,~S11
Fixed Assets (g) Total Adjusted 6),p,,,es
$0
;GG LESS _
$8,672,181
pumping
(10) pumping -Total Expenses Adjusted For
$17,344,36
$8,672,18
(12) Line 11 times 2
1-1-1111-11111,11, $14,1 ~
(13) Dues O&M (lessor of lines 9 0112) DUES AMOUNT
THIS WORKSHEET
THIS IS NOT ABILL -PLEASE ~O NOT PAY FROM -
prior year Adjusted O&M Amount: $7,512,752
ITEM NO. /I-
AGENDA REPORT
Board Meeting Date: December 11, 2008
APPROVED BY THE BOARD OF DIRECTORS
To: Board of Directors OF THE YORBA LINDA WATER DISTRICT
From: Ken Vecchiarelli, Assistant General Manager ~A, DEC 1 2008
Staff Contact: Joe Polimino, Project Engineer BY
Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 11.5M
Funding Source: District and Developer Funds
CEQA Account No: 101-2700 Job No: 200704
Compliance: Mitigated Neg. Dec. Estimated Costs: $ 11.5M Dept: Eng
Subject: Progress Payment No. 19 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.
19, in the amount of $140,715.05 for completed work through November 30, 2008. During this
period, installation continued with retaining wall footings, structure waterproofing, drains and
backfilling. Concrete ditch installation along the west side of the site continued and demolition of
the steel tanks was completed.
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. 19 is $140,715.05 (1.3% of the total contract
amount), less 5% retention of $7,035.75 for a net payment of $133,679.30.
• Total payments to date including retention are $10,034,583.97 (93.8% of the total
contract amount).
• As of November 30, 2008, 532 calendar days were used (92.7% 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. 19
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 eighteen
progress payments to date for this project, the most recent of which was approved on November
12, 2008.
STAFF RECOMMENDATION:
Approve Progress Payment No. 19 in the net amount of $133,679.30 to SSC Construction, Inc.
and 5% retention of $7,035.75 deposited to City National Bank escrow account 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. 19
LOCATION Yorba Linda, CA PROJECT NO. 200704 PAGE 1 OF 1 PAGES
CONTRACTOR SSC Construction, Inc. DATE 11/30/08
ORIGINAL CONTRACT AMOUNT: $ 10,489,500.00
AUTHORIZED CHANGE ORDERS: 208,281.37
REVISED CONTRACT AMOUNT: 10,697,781.37
PROGRESS PAY ESTIMATE FOR PERIOD
November 1, 2008 TO Novemb
PREVIOUS THIS MONTH
$ 9,685,587.551$ 140,715.051s
$ 208,281.37 I $ - Is
$ 9,893,868.92 I $ 140,715.051$
50% of Electronic Wire Fees $
:r 30, 2008
TO DATE
9,826,302.60
208,281.37
10,034,583.97
501,729.20
150.00
VALUE OF WORK COMPLETED
CHANGE ORDER WORK COMPLETED
TOTAL VALUE OF WORK COMPLETED
LESS RETENTION 5%
LESS OTHER DEDUCTIONS
NET EARNED TO DATE
LESS AMOUNT PREVIOUSLY PAID
BALANCE DUE THIS ESTIMATE
NOTICE TO PROCEED June 18, 2007
COMPLETION TIME 487 CALENDAR DAYS
APPROVED TIME EXTENSIONS 87 CALENDAR DAYS
TOTAL CONTRACT TIME 574 CALENDAR DAYS
TIME EXPENDED TO DATE 532 CALENDAR DAYS
TIME REMAINING 42 CALENDAR DAYS
REQUESTED BY:
Ciint B , Asst Con rt oller; SSC Construction Inc.
APPROVED BY: ?PL4't., 111 ~-1 1,
John Whisenhunt, ons ruction anager, Butier Engineering
AP-P-ROVED-BY-
Kenne h R. Vecchiar Ili
e ,Assistant General anager, YLWD
$ 9,532,704,77
$ 9,399,025.47
$ 133,679.30
DATE:
DATE: ( s / Z I6 pi
DATF- / L 1,0fle) -
ITEM NO. /.3
AGENDA REPORT
Board Meeting Date: December 11, 2008
APPROVED BY THE BOARD Of DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
To: Board of Directors
From:
Ken Vecchiarelli
Assistant General Manager
DEC 1 1 2008
,
'
~ ""o
Staff Contact:
Leon de los Reyes, Water Quality Engineer
BY
Steve Conklin, Contract 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. 7, and Change Order No. 1 for the Highland Reservoir
Replacement Project
SUMMARY:
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. Submitted for consideration are construction Progress
Payment No. 7 and Change Order No. 1.
DISCUSSION:
In accordance with the contract documents, Schuler Engineering Corporation submitted a
request for Progress Payment No. 7 for the period ending November 30, 2008. This progress
pay request includes small percentage payments for shoring and sheet bracing, mobilization
including project related office expenses and submittals, 26 % of electrical and instrumentation,
47% underground yard piping including piping connections to the Highland Booster Pump
Station, and 24% of temporary tank related tasks such as tank #2 assembly, and overflow and
drain piping structures.
Moreover, in accordance with the contract documents, Schuler Engineering submitted Change
Order No. 1 due to modifications and field-changed conditions encountered during the course of
construction from June to October 2008. Change Order No. 1 comprises credits to the District
for changed and deleted mobilization, office equipment deletions, material substitution and
addition under the sloped portion of foundation, deletion and substitution of construction
materials under the temporary tanks, and a credit to the District for payment of Schuler's
geotechnical services cost due to the latter's delay in executing a geotechnical contract.
In addition, it also includes:
• a 4-inch diameter French-drain work, as recommended by our geotechnical engineer, to
mitigate wet soil condition encountered around Temporary Tank No. 1,
• a changed field condition related to the existing 30" Zone-1 pipeline connection. This
eliminates the siphon design condition at 3.6 feet (about 360,000 gallons) reservoir water
level, thereby increasing reliability and maximum use of reservoir capacity
• encasement of the 30" storm drain due to its proximity to the Temporary Tank #1
• two air relief valves due to pipeline alignment changes in the bypass and meter vaults
COPY
See attached Summary of Change Order No. 1 for additional details regarding the items
included in the change order. If further information is desired beyond that attached, a more
detailed breakdown of items in the change order is available at the office of the staff contact for
the project.
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, Change Order No. 1 adds $183,648.89 (a 2.03% cost increase) and 10
calendar days (a 1.37% time extension).
• If approved, the revised construction contract amount is $9,232,994.89, and 740 calendar
days.
• If approved, Progress Payment No. 7 is $409,918.62 (4.5% of total contract amount less
10% retention of $40,991.86, for a net payment of $368,926.76
• If approved, total progress payments to date including retentions are $2,951,564.01
(32.6% of the total contract amount).
• As of November 30, 2008, 182 calendar days were used (25% of the contract time).
Staff and Carollo Engineers, the District's construction management consultant, reviewed the
progress payment request, change order, and recommend payment and approval respectively.
A copy of Progress Payment No. 7 and Change Order No. 1 are 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 construction budget in the amount of $11,200,000 for
construction of the Highland Reservoir Replacement Project. The Board has approved six
progress payments to date, the most recent of which was approved on November 12, 2008.
STAFF RECOMMENDATION:
Staff recommends the Board of Directors approve Progress Payment No. 7 in the net amount of
$368,926.76 to Schuler Engineering Corporation and 10% retention of $40,991.86 deposited to
Citizens Business Bank escrow account, and Change Order No. 1 for $282,102.89 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. 7
LOCATION Yorba Linda PROJECT NO. J- PAGE I OF 1 PAGES
200309
CONTRACTOR Schuler Engineering DATE Nov. 30,2008
ORIGINAL. CONTRACT AMOUNT: $ 9,049,346
AUTHORIZED CHANGE ORDERS: $
REVISED CONTRACT AMOUNT: $ 9,049,346
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
REQUESTED BY:
APPROVED BY.
APPROVED BY:
November 1, 2008
PREVIOUS
$ 2,541,645.391 $
$ - Is
$ 2,541.645.391 $
June 2,2008
730
CALENDAR DAYS
CALENDAR DAYS
730
CALENDAR DAYS
182
CALENDAR DAYS
548
CALENDAR DAYS
zZI-A
CAF~LLO-OWNER'S- REPRESENTATIVE
YL D4--
TO November 30, 2008
THIS MONTH
TO DATE
409,918.62 1 $
2:951,564.01
-I$
-
409,918.62 1 $
2;951,564.01
$
295,156.40
$
2,656,407.61
$
2,287,480.85
$
368,926.76
DATE: 61 l
DATE: ///z b/0
DATE: /yI'G~r/'-'
YORBA LINDA WATER DISTRICT
CHANGE ORDER NO. 1
DATE 11/26108
Page 1 of 2
CONTRACT NAME: Highland Reservoir CONTRACT AMT.: $ 9,049,346.00 DAYS: 730
Replacement
CONTRACT NO.: J-200309 PREV. APPRVD. CHANGES: $ 0.00 DAYS: 0
CONTRACTOR: Schuler Engineering THIS CHANGE: $183,648.89 DAYS: 10
OWNER: Yorba Linda Water District REVISED CONTRACT $9,232,994.89 DAYS: 740
AMT:
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials,
and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor
and Yorba linda Water District otherwise referred to as Owner.
DESCRIPTION OF CHANGES
COP 1: Credit for Specification Section 01500 deletions and changes
COP 6: Credit for Class II Base on slopes
COP 9: Credit for deletion of ailed sand under TT1 & TT2
COR 2: French drain at TT1 due to possible reservoir leak
COR 3: Potholing tie-in changes
COR 8: SD lines near TT1 encasement
COP 13: Geotechnical cost
COP 15: Air relief valves @ Bypass & Meter vaults
+INCREASE
CONTRACT
/OR
TIME
+EXTENSION !
- DECREASE IN
OR -REDUCTION
CONTRACT
(DAYS)
AMOUNT
tai
-$8,121.61
0 days
-$9,172.00
0 days
-$3,308.00
0 days
$14,424.00 2 days
$143,763.00 7 days
$19,274.00 1 days
-$3,010.50 0 days
$29,800.00 0 days
NET CHANGE $183,648.89 10 days
REVISED CONTRACT AMOUNT AND TIME $9,232,994.89 7 40 days
~T~t/ 1 2 G-o y
YORBA LINDA WATER DISTRICT
CHANGE ORDER NO. r
DATE 11/26/08
Page 2 of 2
The amount of the contract will be increased by the sum of $ 5183 648.89 and the contract time shall be Increased by ten (10) calendar
days. The undersigned Contractor approves the foregoing Change drder as to the changes, if any, in the contract price specified for each item
including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if
any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all
other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order
items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall
be effective when approved by the Owner. This change order constitutes full, final, and complete compensation to the contractor for all costs,
expenses, overhead, profit, and any damages of every kind that the contractor may incur in connection with the above referenced changes in
the work, including any impact on the referenced work of any other work under the contract.. any changes in the sequences of any work, any
delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By
the execution of the change order, the contractor accepts the contract price change and the contract completion date change, if any, and
expressly waives any claims for any a d'rtional compensation, damages or time extensions, in connection with the above-referenced changes.
c / v
RECOMMENDED: Carollo Gl vim" Engineers DATE:
ACCEPTED: Engineering DATE' Schuler Yorba Linda DATE:
APPROVED: _ ?t1h,41 ~nater District
Summary of Construction Change Order No. 1
Highland Reservoir Replacement Project
COP 1: Credit for Specification Section 01500 deletion and changes ($8.121.61 credit)
The contract documents require the contractor to provide computer and software credit,
shared office trailer, and miscellaneous office equipment for use by construction
management staff during construction. These were deleted from the requirements after
award and a credit was provided by the contractor.
COP 6: Replacement of Class II Base on Slopes ($9,172.00 credit)
This is a substitution of Class II Base for Class II Permeable Base on the sloped portions
of the foundation. It also requires the installation of filter/drainage fabric between the
interface of the two base materials.
COP 9: Credit for replacement of oiled sand under temporarv tank-1 (TT 1) and
temporarv tank-2 (TT2) with crushed rock (53,308.00 credit)
The Contractor (Schuler) suggested that 6" layer of oiled sand under the two temporary
tanks be replaced with layer of 3/4" crushed rock, which was approved by the design
engineer (Carollo).
COR 2: French Drain at TT1 due to possible reservoir leak ($14,424.00 added cost)
A gravel and perforated-pipe drain was required around the west side of TT-1 due to the
wet soil condition encountered approximately 5 feet outside of the tank pad, believed to
be caused by leakage from the existing reservoir. District geotech engineer (Leighton)
reviewed the existing condition and made the recommendation.
COR 3: Pipeline Tie-in Chanizes ($143,763.00 added cost)
Based on the District's as-built pipeline information, the District's project engineer,
Carollo, designed the reservoir discharge pipeline to the 30" Zone 1 pipeline connection
with a depressed section or "siphon condition" in order to make available the full storage
volume of the new reservoir. This is a standard, long-utilized design, if gravity-flow
cannot be provided. The drawback of this design is if the siphon-flow condition is lost
due to air in the line, the remaining water in the tank below the elevation of the siphon
could not be drawn out for use. In this unlikely event for the new Highland Reservoir,
3.6 feet of water, approximately 360,000 gallons, would be left unusable until the siphon
condition was re-established.
After construction started, the contractor potholed the connection point and found that the
existing pipeline was lower than indicated in the District's as-built plans. Following
consultation with District staff and the contractor, the District's project engineer
evaluated the new information and recommended lowering about 150 feet of pipeline to
make the outlet a full gravity-flow condition, eliminating the siphon. This will improve
reliability for use of the full 6-MG volume of the reservoir.
4
COR 8: Storm drain Lines near Temnorarv Tank-1 (TT 1) ($19.274.00 added cost)
This change is for concrete encasement of two storm drain lines near TT1 due to their
close proximity to the temporary tank. No encasement was called out in the original
plans.
COP 13: Geotechnical Costs ($3,010.50 credit)
Credit for geotechnical engineering service costs paid by the District which have been
determined to be the responsibility of the contractor. The issue of responsibility for these
costs for additional services has been resolved.
COP 15: Air Relief Valves at bvpass and meter vaults ($29,800.00 added cost)
Due to existing conditions in the field, alignment changes at the meter vaults and the re-
alignments of the bypass piping was required at existing pipelines south of the reservoir.
These changed conditions required the addition of air relief valves at high points and
changes in the meter vaults.
NOTE:
Detailed cost breakdowns are available for review.
ITEM NO. /3
AGENDA REPORT - CORRECTED
Board Meeting Date: December 11, 2008
To: Board of Directors
From: Ken Vecchiarelli, Assistant General Manager
Staff Contact: Leon de los Reyes, Water Quality Engineer
Steve Conklin, Contract 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. 7, and Change Order No. 1 for the Highland Reservoir
Replacement Project
SUMMARY:
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. Submitted for consideration are construction Progress
Payment No. 7 and Change Order No. 1.
DISCUSSION:
In accordance with the contract documents, Schuler Engineering Corporation submitted a
request for Progress Payment No. 7 for the period ending November 30, 2008. This progress
pay request includes small percentage payments for shoring and sheet bracing, mobilization
including project related office expenses and submittals, 26 % of electrical and instrumentation,
47% underground yard piping including piping connections to the Highland Booster Pump
Station, and 24% of temporary tank related tasks such as tank #2 assembly, and overflow and
drain piping structures.
Moreover, in accordance with the contract documents, Schuler Engineering submitted Change
Order No. 1 due to modifications and field-changed conditions encountered during the course of
construction from June to October 2008. Change Order No. 1 comprises credits to the District
for changed and deleted mobilization, office equipment deletions, material substitution and
addition under the sloped portion of foundation, deletion and substitution of construction
materials under the temporary tanks, and a credit to the District for payment of Schuler's
geotechnical services cost due to the latter's delay in executing a geotechnical contract.
In addition, it also includes:
• a 4-inch diameter French drain work, as recommended by our geotechnical engineer, to
mitigate wet soil condition encountered around Temporary Tank No. 1,
• a changed field condition related to the existing 30" Zone-1 pipeline connection. This
eliminates the siphon design condition at 3.6 feet (about 360,000 gallons) reservoir water
level, thereby increasing reliability and maximum use of reservoir capacity
• encasement of the 30" storm drain due to its proximity to the Temporary Tank #1
• two air relief valves due to pipeline alignment changes in the bypass and meter vaults
See attached Summary of Change Order No. 1 for additional details regarding the items
included in the change order. If further information is desired beyond that attached, a more
detailed breakdown of items in the change order is available at the office of the staff contact for
the project.
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, Change Order No. 1 adds $183,648.89 (a 2.03% cost increase) and 10
calendar days (a 1.37% time extension).
• If approved, the revised construction contract amount is $9,232,994.89, and 740 calendar
days.
• If approved, Progress Payment No. 7 is $409,918.62 (4.5% of total contract amount less
10% retention of $40,991.86, for a net payment of $368,926.76
• If approved, total progress payments to date including retentions are $2,951,564.01
(32.6% of the total contract amount).
• As of November 30, 2008, 182 calendar days were used (25% of the contract time).
Staff and Carollo Engineers, the District's construction management consultant, reviewed the
progress payment request, change order, and recommend payment and approval respectively.
A copy of Progress Payment No. 7 and Change Order No. 1 are 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 construction budget in the amount of $11,200,000 for
construction of the Highland Reservoir Replacement Project. The Board has approved six
progress payments to date, the most recent of which was approved on November 12, 2008.
STAFF RECOMMENDATION:
Staff recommends the Board of Directors approve Progress Payment No. 7 in the net amount of
$368,926.76 to Schuler Engineering Corporation and 10% retention of $40,991.86 deposited to
Citizens Business Bank escrow account, and Change Order No. 1 for $292,102.89 $183,648.89
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. 7
LOCATION Yorba Linda PROJECT NO, J- PAGE 1 OF 1 PAGES
200309
CONTRACTOR Schuler Engineering DATE Nov. 30,2008
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
REQUESTED BY:
APPROVED BY:
APPROVED BY:
9,049,346
9,049,346
November 1, 2008 TO !November 30. 2008
PREVIOUS THIS MONTH TO DATE
$ 2,541,645.391 $ 409,918.62 $ 2,951,564.01
$ - Is - $ -
$ 2,541,645,39 1 $ 409,918.62 $ 2,951,564.01
$ 295,156.40
$ 2,656,407.61
i~ $ 2,287,480.85
$ 368,926.76
June 2,2008
730
CALENDAR DAYS
CALENDAR DAYS
730
CALENDAR DAYS
182
CALENDAR DAYS
548
CALENDAR DAYS
ENGINEER1NG -ONTRACTC
CARLLO-OWNER'S- REPRESENTATIVE
Y
DATE:
DATE:
~r l
DATE: X
YORBA LINDA WATER DISTRICT
CHANGE ORDER NO. 1
DATE 11126/08
Page 1 of 2
CONTRACT NAME: Highland Reservoir CONTRACT AMT.: $ 9,049,346.00 DAYS: 730
Replacement
CONTRACT NO.: J-200309 PREV. APPRVD. CHANGES: $ 0.00 DAYS: 0
CONTRACTOR: Schuler Engineering THIS CHANGE: $183,648.89 DAYS: 10
OWNER: Yorba Linda Water District REVISED CONTRACT $9,232,994.89 DAYS: 740
AMT.
This Change Order covers changes to the subject contract as described herein. The Contractor shalt construct, furnish equipment and materials.
and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor
and Yorba Linda Water District otherwise referred to as Owner.
DESCRIPTION OF CHANGES
COP 1: Credit for Specification Section 01500 deletions and changes
COP 6: Credit for Class II Base on slopes
COP 9: Credit for deletion of oiled sand under TT1 & TT2
COR 2: French drain at TT1 due to possible reservoir leak
COR 3: Potholing tie-in changes
COR 8: SD lines near TT1 encasement
COP 13: Geotechnical cost
COP 15: Air relief valves @ Bypass & Meter vaults
+INCREASE
CONTRACT
! OR
TIME
+EXTENSION
- DECREASE IN
OR -REDUCTION
CONTRACT
(DAYS)
AMOUNT
-$8,121.61
0 days
-$9,172.00
0 days
-$3,308.00
0 days
$14,424.00 2 days
$143,763.00 7 days
$19,274.00 1 days
-$3,010.50 0 days
$29,800.00 0 days
NET CHANGE $183,648.89 10 days
REVISED CONTRACT AMOUNT AND TIME $9,232,994.89 7 40 days
YORBA LINDA WATER DISTRICT
CHANGE ORDER NO.
r
DATE 11126/08
Page 2 of 2
The amount of the contract will be increased by the sum of $ $183 648.89 and the contract time shall be increased by ten (10 calendar
days. The undersigned Contractor approves the foregoing Change order as to the changes, if any, in the contract price specified for each item
including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if
any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all
other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order
items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall
be effective when approved by the Owner. This change order constitutes full, final, and complete compensation to the contractor for all costs,
expenses, overhead. profit, and any damages of every kind that the contractor may incur in connection with the above referenced changes in
the work, including any impact on the referenced work of any other work under the contract.. any changes in the sequences of any work, any
delay to any worts, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By
the execution of the change order, the contractor accepts the contract price change and the contract completion date change, if any, and
expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above-referenced changes.
RECOMMENDED: Caroilo Engineers DATE:
ACCEPTED: Schuler DATE: j✓/
(J G ` Engineering
APPROVED: Yorba Linda DATE:
Water District j.;-
c
Summary of Construction Change Order No. 1
Highland Reservoir Replacement Project
COP 1: Credit for Specification Section 01500 deletion and chanizes ($8,121.61 credit)
The contract documents require the contractor to provide computer and software credit,
shared office trailer, and miscellaneous office equipment for use by construction
management staff during construction. These were deleted from the requirements after
award and a credit was provided by the contractor.
COP 6: Replacement of Class II Base on Slopes 69,172.00 credit)
This is a substitution of Class II Base for Class II Permeable Base on the sloped portions
of the foundation. It also requires the installation of filter/drainage fabric between the
interface of the two base materials.
COP 9: Credit for replacement of oiled sand under temporarv tank-1 (TT1) and
temporarv tank-2 (TT2) with crushed rock ($3.308.00 credit)
The Contractor (Schuler) suggested that 6" layer of oiled sand under the two temporary
tanks be replaced with layer of 3/4" crushed rock, which was approved by the design
engineer (Carollo).
COR 2: French Drain at TT1 due to possible reservoir leak ($14,424.00 added cost)
A gravel and perforated-pipe drain was required around the west side of TT-1 due to the
wet soil condition encountered approximately 5 feet outside of the tank pad, believed to
be caused by leakage from the existing reservoir. District geotech engineer (Leighton)
reviewed the existing condition and made the recommendation.
COR 3: Pipeline Tie-in Changes ($143.763.00 added cost)
Based on the District's as-built pipeline information, the District's project engineer,
Carollo, designed the reservoir discharge pipeline to the 30" Zone 1 pipeline connection
with a depressed section or "siphon condition" in order to make available the full storage
volume of the new reservoir. This is a standard, long-utilized design, if gravity-flow
cannot be provided. The drawback of this design is if the siphon-flow condition is lost
due to air in the line, the remaining water in the tank below the elevation of the siphon
could not be drawn out for use. In this unlikely event for the new Highland Reservoir,
3.6 feet of water, approximately 360,000 gallons, would be left unusable until the siphon
condition was re-established.
After construction started, the contractor potholed the connection point and found that the
existing pipeline was lower than indicated in the District's as-built plans. Following
consultation with District staff and the contractor, the District's project engineer
evaluated the new information and recommended lowering about 150 feet of pipeline to
make the outlet a full gravity-flow condition, eliminating the siphon. This will improve
reliability for use of the full 6-MG volume of the reservoir.
COR 8: Storm drain Lines near Temvorarv Tank-1 (TT1) ($19,274.00 added cost)
This change is for concrete encasement of two storm drain lines near TT1 due to their
close proximity to the temporary tank. No encasement was called out in the original
plans.
COP 13: Geotechnical Costs ($3.010.50 credit)
Credit for geotechnical engineering service costs paid by the District which have been
determined to be the responsibility of the contractor. The issue of responsibility for these
costs for additional services has been resolved.
COP 15: Air Relief Valves at bvoass and meter vaults ($29,800.00 added cost)
Due to existing conditions in the field, alignment changes at the meter vaults and the re-
alignments of the bypass piping was required at existing pipelines south of the reservoir.
These changed conditions required the addition of air relief valves at high points and
changes in the meter vaults.
NOTE:
Detailed cost breakdowns are available for review.
ITEM NO. _Iq
AGENDA REPORT
Board Meeting Date: December 11, 2008
APPROVED BY THE BOARD Of DIRECTORS
To: Board of Directors OF THE YORBA LINDA WATER DISTRICT
DEC 1 1 2008
From: Ken Vecchiarelli, Assistant General Manager
Staff Contact: Steve Conklin, Consulting Engineer BY
Leon de los Reyes, Water Quality Engineer
Reviewed by General Counsel: No Budgeted: Yes Total Budget: $ 1.2M
Funding Source: Water Revenue Bond
CEQA Account No: 101-2700 Job No: 200813
Compliance: N/A Estimated Costs: $ 71,150 Dept: Eng
Subject: Contract with General Pump for Rehabilitation of Well No. 12
SUMMARY:
As part of the District's plans to restore and maximize the full potential of its groundwater
production capabilities to its service area, bids were received for the cleaning and
redevelopment of Well No. 12. Following an evaluation of the two bids received, staff
recommends award to General Pump Company, Inc., at a cost of $71,150.
DISCUSSION:
As previously reported to the PEO Committee, the District is experiencing diminishing
productivity from some of its wells and an overall drop in the combined production capability due
to the age, physical characteristics and configuration of the wells. This condition is exacerbated
by lower pumping water level in the groundwater basin. The District is addressing this issue
through its Well Optimization Plan. As a first step, Well No. 11 has been redeveloped and
provided with a new 1600-gpm capacity pump, replacing the former 2000-gpm pump. Well No.
11 is operating very well at 1600 gpm.
Thereafter, Well No. 12, which was operating with cascading water into the casing, was
removed from service and the casing was examined by video-camera. The video was reviewed
by staff of the District and by CDM the District's consultant. The inspection indicated that the
casing was in good shape and a redevelopment plan was recommended by CDM. The District
solicited bids for redevelopment from two firms that are experienced and qualified to perform
this type work. The bids are as follows:
General Pump Company: $71,150
Layne Christensen Company: $82,500
District staff reviewed the bids and recommends award to General Pump Company for $71,150.
A copy of the bid by General Pump Company is attached.
PRIOR RELEVANT BOARD ACTION(S):
September 11, 2008: Approve Professional Service Agreement with Camp, Dresser & McKee,
Inc. in the amount not to exceed $54,390 to provide hydrogeologic and support engineering
services for optimization study and assistance for the District's water production wells.
COPY
STAFF RECOMMENDATION:
That the Board of Directors authorize the General Manager to execute a Purchase Order with
General Pump Company, Inc., in the amount not to exceed $71,150, to provide well
redevelopment and testing of Well No. 12.
COMMITTEE RECOMMENDATION:
The Planning-Engineering-Operations Committee discussed this item at its meeting held
December 4th and supports staff's recommendation.
Yorba Linda Water District
Well No. 12
Bid Sheet
Item
2
3
4
5
6
7a.
7b
8
9
demobilization including site
Unit Price Total Price
Project mobilization and l Lump Sum ja p
Description Estimated Un
Quantity
cleanup.
Furnish and maintain system to
achieve NPDES compliance
including neutralizing acid and
laboratory analyses. Provide
description of your proposed
system.
Furnish and install by swabbing
pre-mixed sulfamic acid
solution into perforated casing
intervals per manufacturers
directions.
Wire brush well casing from top
to bottom
Bail or airlift fill from bottom of
well
Mechanical development with
double swab while
simultaneously airlifting
Furnish, install and demobilize
pump equipment for well
development and test pumping.
Pump shall be equipped with an
open ended deep suction set at
approximately 240 feet and with
a packer above the bowls at
approximately 115 feet.
Furnish, install and demobilize
pump equipment for well ,
development and test pumping.
Pump shall be equipped with an
open ended deep suction set at
approximately 420 ft-:i and with
a packer above the bowls at
approximately 1] 5 feet.
Conduct pumping development
(by surging and pumping ) with
pump with packer not inflated.
Conduct constant discharge
pumping.
i
1
8
4
40
1
40
8
+O~
Lump Sum T1 op 0
" CgjODo
$
Lump Sum 3 5 5- 0 $,3!55c)-
Hours $ 3700-
Hours 00 $ i 2pp -
Hours :2 00 $ (a oa p -
Lump Sum `01' 0 o,a $ 1 91 OUO
Lump Sum 3 5 U o, $ 315oa-
Hours a v 0 $ BU o O-
Hours A oo $ 1600 -
C:\Documents and Settings\bbrunel.GENPUMP\Local Settings\Temporary Internet Files\Cbntent.Outlook\02WPKGPB\Well 12 Bid
Form.x1s\Sheet1
Yorba Linda Water District 6e=7 c
Well No. 12
Bid Sheet P14 AF
Item Description Estimated Units Unit Price Total Price
Quantity
10 Conduct pumping with pump 8 Hours O Kp $ 1(006-
with packer inflated. Monitor
pressures both above and below
packer during pumping.
I Conduct video camera survey. I l Lump Sum ( 00 0 I$ 10 oo -
Total $ .71,156
Mobilization shall include but not be limited to providing all equipment necessary for the project including
compressor, neutralization trailer or tank, pipe and toilet rentals. Provide rossum sand tester.
Pumping rate 2,000 gpm
The rehabilitation should include the introduction of sulphamic acid by swabbing (mechanical development).
The entire casing should be swabbed with additional swabbing in the perforated intervals so that the acid is
forced into the formation. The dosage of acid should follow the manufacturer's recommendations.
The bottom of the deep suction will be equipped with perforations and placed in a blank section of the well to
reduce turbulence (226 to 253 feet and 340 to 483 feet)
Prevailing wage rate required.
C:Oocunnents and Settings\bbrunel.GENPUMP\Local Settings\Temporary Internet Files\Content.0utlook\02WPKGP8\Well 12 Bid
Fornn.xls\Sheet1
•
Yorba Linda Water District
R
Z
u
Well No. 12
Bid Sheet
6
f
1 s~
Item
Description I
Estimated Units Unit Price
Total Price
Quantity
I
Project mobilization and
1 Lump Sum $
5,000
$ 5,000
demobilization including site
cleanup.
2
Fumish and maintain system to
1 Lump Sum $
9,220
$ 9,220
achieve NPDES compliance
including neutralizing acid and
laboratory analyses. Provide
description of your proposed
system.
3
Furnish and install by swabbing
1 Lump Sum $
9,200
$ 9,200
pre-mixed sulfamic acid solution
into perforated casing intervals
per manufacturers directions.
4
Wire brush well casing from top
8 Hours $
290
$ 2,320
to bottom
5
Bail or airlift fill from bottom of
4 Hours $
290
$ 1,160
well
6
Mechanical development with
40 Hours $
375
$ 15,000
double swab while
simultaneously airlifting
7a
Furnish, install and demobilize
I Lump Sum $
12,900
$ 12,900
pump equipment for well
development and test pumping.
Pump shall be equipped with an
open ended deep suction set at
approximately 240 feet and with
a packer above the bowls at
approximately 115 feet.
7b
Furnish, install and demobilize
1 Lump Sum $
12,900
$ 12,900
pump equipment for well
development and test pumping.
Pump shall be equipped with an
open ended deep suction set at
approximately 420 feet and with
a packer above the bowls at
approximately 1 15 feet.
8
Conduct pumping development
40 Hours $
250
$ 10,000
(by surging and pumping ) with
pump with packer not inflated.
9
Conduct constant discharge
8 Hours $
250
$ 2,000
pumping.
10
Conduct pumping with pump
8 Hours $
250
$ 2,000
with packer inflated. Monitor
pressures both above and below
packer during pumping.
(Conduct video camera survey. 1
1 I Lump Sum 1 $
800
1 $ 800
Total)
I
$ 82,500
Mobilizatio
n shall include but not be limited to providing all equipment necessary
for the project including
compressor, neutralization trailer or tank, pipe and toilet rentals. Provide rossum
sand tester.
Pumping rate 2,000 gpm
1.\,,.,,..\.,..-1 vi'-m~ nnn-r l nnnlU dinmenN\1I,Iin~innmlTpm...-Int-at Wii-\01 ViA*AFNNO1119 Rid Fnrm\RhaPtl
Yorba Linda Water District
Well No. 12
Bid Sheet
Item Description I Estimated Units Unit Price Total Price
Quantity
The rehabilitation should include the introduction of sulphamic acid by swabbing (mechanical development).
The entire casing should be swabbed with additional swabbing in the perforated intervals so that the acid is
forced into the formation. The dosage of acid should follow the manufacturer's recommendations.
The bottom of the deep suction will be equipped with perforations and placed in a blank section of the well
to reduce turbulence (226 to 253 feet and 340 to 483 feet)
Prevailing wage rate required.
v. Inlgmat Files\OLK143F\Well 12 Bid Form\Sheetl
ITEM NO.
AGENDA REPORT
Board Meeting Date: December 11, 2008
APPROVED BY THE BOARD OF DIRECTORS
To: Board of Directors OF THEYORBALINDAWATER DISTRICT
DEC 1 1 2008
From: Ken Vecchiarelli, Assistant General Manager A
Staff Contact: Joe Polimino, Project Engineer BY
Steve Conklin, Engineering Consultant
Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 1.5 Million
Funding Source: All Water Funds
CEQA Account No: 101-2700 Job No: 200710
Compliance: Exempt Estimated Costs: $ 43,125 Dept: Eng
Subject: Amendment No. 1 to Consultants Agreement with Psomas for Zone 4C
Reconfiguration Project
SUMMARY:
Design plans for the Zone 4C Reconfiguration Project are nearing completion. In a recent
design-review meeting, staff took a closer look at the existing San Antonio Pressure Reducing
Station (PRS) through which water will be fed to the reconfigured zone. It was determined that
an upgrade of the 27-year-old PRS would be appropriate. Psomas, the District's design
consultant for the project, was asked to provide a proposal to expand its services to include
design of upgrades to the PRS. District staff reviewed the proposal by Psomas and
recommends award of Amendment No. 1 in the amount of $43,125.
DISCUSSION:
The Zone 4C Reconfiguration Project was conceived to raise the hydraulic grade line from 675
to 706 to solve low-pressure problems in three separate areas, totaling 120 homes. Psomas,
the District's design consultant for the project, is completing 100% design plans for review,
consisting of pipeline and valve improvements. It is anticipated that the project will be
advertised for bidding in late December 2008, with construction complete by December 2009.
The new Zone 706 (4C) is supplied through the existing San Antonio PRS, which was
constructed in 1981. In a recent meeting, staff reviewed the adjustments necessary in the
existing PRS to serve the new, smaller Zone 706. It was determined that the best approach
would be to upgrade the 27-year-old facility to current District design standards. This would
include new pressure-reducing valves, full-size access hatch, forced-air ventilation, lighting, and
controls to allow remote monitoring of pressure and flow. An important goal of the PRS upgrade
would be to complete the design and replacement of the valves and appurtenances in the
existing vault by the completion date of the Zone 706 pipeline work, planned for December
2009. That is, the PRS upgrade project would have its own design, bidding and construction
with completion by December 2009.
At the District's request, Psomas provided a proposal to expand its project design services to
include the upgrade of the San Antonio PRS. The proposal included a realistic and achievable
COPY
project schedule for construction completion by December 2009. The proposal for services
includes the following:
Additional $40,465 for the design phase, including plans, specifications and estimate for
the PRS upgrade project.
Additional $2,660 for bidding-phase assistance, including attendance in the pre-bid
meeting, preparation of addendums and bid evaluation assistance.
District staff reviewed the proposed services, staff-hours and fee and believe that they are
appropriate for the work required. Staff recommends authorization of Amendment No. 1 in the
amount of $43,125 for additional design services and bid-phase assistance, to upgrade the
existing San Antonio PRS as part of the Zone Reconfiguration Project. This would bring the total
for design and bid-phase services to $156,801.
PRIOR RELEVANT BOARD ACTION(S):
On June 28, 2007, the Board of Directors adopted Budgets for Fiscal Years 2007/08 and
2008/09 and approved the Current Five Year Capital Improvement Plan for FY 2007-2012. On
September 13, 2007, the Board of Directors authorized staff to modify the Current Five Year
Plan Capital Improvement Projects List and the Adopted Budget for Fiscal Years 2007-2009 by
adding the Zone 4 Reconfiguration Project for the Twin Peaks Area of East Lake Village. On
March 13, 2008, the Board of Directors received and filed the Zone Reconfiguration Study for
Areas 1, 2 and 3 prepared by RBF Consulting and authorized staff to solicit proposals for the
design of the combined projects identified as Alternative Six in this study. On May 15, 2008, the
Board of Directors authorized the President and Secretary to execute a Professional Services
Agreement with Psomas for a fee not to exceed $113,676 to provide design and bid services for
the Zone Reconfiguration and Sub Zone Extension Projects, Job Nos. 200220 and 200710.
STAFF RECOMMENDATION:
That the Board of Directors authorize Amendment No. 1 to the Consultants Agreement with
Psomas, in the amount of $43,125 for additional work to provide design services and bid
assistance for upgrades to the San Antonio PRS, in conjunction with the Zone Reconfiguration
Project, Job No. 200710.
COMMITTEE RECOMMENDATION:
The Planning-Engineering-Operations Committee discussed this item at its meeting held
December 4th and supports staff's recommendation.
Balancing the Natural and Built Environment
November 20, 2008
Mr. Joe Polimino
Project Engineer
YORBA LINDA WATER DISTRICT
1717 E. Miraloana Avenue
Placentia, CA 92870
Subject: Proposal for Professional Design Services
San Antonio Pressure Reducing Station Upgrade Project
Dear Mr. Polimino:
We are pleased to submit this Proposal for Professional Design Services to the Yorba
Linda Water District (District) for the San Antonio Pressure Reducing Station Upgrade
Project.
PROJECT UNDERSTANDING
Psomas is currently preparing plans, specifications, and bidding documents for the Zone
Reconfiguration for Areas 1, 2, and 3 Water System Improvements Project. The San
Antonio Road Pressure Reducing Station (PRS) is located in Area 1 approximately 1,000
feet north of the intersection of Yorba Linda Boulevard and San Antonio Road.
Adjustment of the downstream pressure setting in the San Antonio Road PRS to raise the
downstream H GL from 675 to 706 is critical to the success of the zone reconfiguration
project. This adjustment of the downstream I-IGL, along with piping and valve
improvements in the distribution system, will improve service in areas currently
experiencing low water pressure. Additionally, installation of check valves and isolation
valves in the zone reconfiguration project will change the limits of the distribution system
served by the San Antonio PRS, thereby reducing maximum day demands served by the
PRS. Fire flow demands will remain consistent with the District's water master plan
requirements.
3187 fled Hill Avenue
Suite 250
Costa Mesa, CA 92626
Tel 714.751.7373
Fax 714.545.8883
v.V,w.psornas corn
P S O M A S
Yorba Linda Water District Page 2
Mr. Polimino November 20, 2008
The San Antonio PRS was constructed in 1981 using contemporary District standards,
including ladder access through a manhole, two large PRVs and one small PRV in
parallel, and a pressure relief valve. Power and telemetry is not available at tile PRS
vault. The District desires to upgrade the San Antonio PRS to meet current design
standards and replace piping, valves, and equipment in sizes and configurations
appropriate to serve the new flows and pressures proposed in the zone reconfiguration
project. It is proposed to replace the three existing parallel PRVs with two new parallel
PRVs. Power and communications upgrades will be constructed to provide lighting,
forced air ventilation, intrusion detection, and SCADA signals for rernote monitoring.
PROJECT APPROACH
Base Drawings
We will use District provided record drawings supplemented with site visits to prepare a
base drawing of the existing mechanical equipment (plan and section) and the existing
improvements in the immediate vicinity of the vault, including the manhole access, curb,
gutter, vent pipes, pressure relief discharge piping, and other utilities and improvements
visible on the ground surface.
Calculations
The District will provide water model information to include average day, maximum day,
peak hour, and fire flow demands through the San Antonio PRS. Upstream and
downstream HGLs of 780 feet and 706 feet, respectively, will be used in the PRV
hydraulic calculations. We will recommend a combination of sizes for two new PRVs in
parallel to handle the expected range of flows from the lowest demands to fire flow
demands. Although cavitation is not expected to be an issue with pressure downstream
of the PRVs at about 70 psi and a relatively small pressure drop across the valves, we will
run calculations to determine if anti-cavitation trim should be included with the new
PRVs. The PRVs will include flow measuring trim.
Vault and Mechanical Design
The District has stated the following design features and vault modifications are desired:
► Remove all existing valves, piping, and fittings inside the vault to the wall
flanges;
► Clean and recoat the existing wall flanges and pipes penetrating the vault walls;
P S O M A S
Yorba Linda Water District
Mr. Polimino
Page 3
November 20, 2008
► Install two new Cla-Val pressure reducing valves of the sizes needed for the
proposed flow ranges;
► Pressure reducing valves to include flow measuring capabilities;
► Install ductile iron pipe and fittings per current District standards, including
Victaulic couplings and gate valves (as seen at the Trentino PRS);
► Maintain existing pressure relief valve and piping;
► Remove the existing manhole access and provide non-traffic rated hatch with
recessed padlock hasp (hatch will be single leaf or double leaf depending on size);
► Install Lapeyre stair for station access (similar to stairs at the Lakeview flow
control station);
► Provide power to this station for;
o Lighting (automatic on when hatch is open)
o Ventilation fan (automatic on when hatch is open)
o SCADA
► Provide SCADA to include the following equipment and signals;
o PLC
o RTU
o Pressure transducers with local digital readouts and transmitters to provide
signal for pressure upstream and downstream of PRVs
o Flow measurement through each PRV
o Intrusion alarm
Electrical/SCADA Design
Moraes/Pham & Associates, our electrical subconsultant, will provide plans for the
installation of power at the existing station. The plans will include a control sheet to show
I/O wiring and Cla-Val control block diagrams. The electrical system will include wiring
for lights, a ventilation fan and intrusion alarm. The lights and fan will be designed to
turn on when the vault hatch is opened. Detailed RTU drawings are not required and
therefore not included iii the scope of work.
P S O M A S
Yorba Linda Water District Page 4
Mr. Polimino November 20, 2008
The District standard SCADA configuration is Wonderware software on Modicon PLCs.
PLC programming will be provided by the District and/or third party services and is not a
part of this contract.
A new electrical meter pedestal, an electrical panel, and a SCADA panel will be
constructed behind the curb in the landscaping in the vicinity of the PRS vault.
Traffic Control Design
Work at the PRS vault will require removal of a small length of curb and AC pavement
along San Antonio Road, as well as staging of materials and equipment in the "parking
lane". Depending on the location of nearby power and telephone improvements,
trenching along the gutter and/or across San Antonio might be required. The City has
stated traffic control plans will be required for construction. We recommend requiring the
Contractor to prepare traffic control plans and submittals to the City for encroachment
permitting. We have not included preparation of traffic control plans in the scope of
work for this project.
The location of the City of Yorba Linda right-of-way and the status of existing District
casements at the San Antonio PRS are currently unknown. The area behind the existing
curb at the PRS is landscaped and includes a slope with ice plant and mature trees. Work
at the PRS vault will include limited excavation and materials and construction
equipment staging within City of Yorba Linda right-of-way, requiring a construction
encroaclunent permit. Work to construct underground power and communications lines
to the PRS from remote facilities will require an encroachment permit for trenching
parallel with and/or across San Antonio Road. The plans and specifications will require
the Contractor to prepare and submit all encroachment permit application to the City of
Yorba Linda and obtain the permit prior to construction.
Construelion flan Sheets
Following is a list of the construction plan sheets we anticipate for this project:
1 Title Sheet
2 General Notes, Vicinity & Location Maps
3 Standard Symbols, Abbreviations, Basis of Bearing and Bench Mark
4 Demolition Plan
5 Site Plan and Vault Modifications
6 Hatch Structural Plan and Details
PS O M A S
Yorba Linda Water District
Mr. Polimino
7 Mechanical Plan and Section
8 Miscellaneous Details
9 Electrical Symbols and Standard Abbreviations
10 Electrical Plans
11 Electrical Schedules/Details
12 Controls
SCOPE OF SERVICES
Psomas will provide the following scope of services:
1.0 Design Phase
Page 5
November 20, 2008
1.1 Records Research - Perform a thorough review of available record drawings,
reports, and operating data obtained from YLWD, the City of Yorba Linda
and other utility owners listed on the Dig Alert website.
1.2 Calculations - Perform hydraulic calculations for the pressure reducing
valves and piping to determine sizes for the desired range of flows and to
check for the risk of cavitation. Perform structural calculations for the vault
roof modifications and installation of a new hatch and frame. Calculate
desired air turnover rate and size a ventilation tan for the vault.
1.3 Base Dra►t,ings - Create AutoCAD base drawings at a scale of 1/2"=1' using
all available vault and utility record drawing information supplemented with
site visits.
1.4 50% Design Submittal - Prepare 50% design construction plans showing the
preliminary vault mechanical and structural design. Plans will be provided at
1/2"=1' scale in plan and section views. We will provide five (5) sets of the
50% design plans for District review.
1.5 90% Design Submittal - Prepare 90% design submittal incorporating District
plan review comments, structural, and electrical design. Plans will be
provided at a horizontal scale of 1/2"=1'. Five (5) sets of project bid
documents, technical specifications and preliminary construction cost
estimate will be submitted with the 90% plans for District review and
comment.
PSOMAS
Yorba Linda Water Disn ict
Mr. Polimino
Page 6
November 20, 2008
1.6 100% Design Subndflal - Incorporate District's final review comments and
submit five (S) sets of 100% construction plans, contract documents,
tecluiical specifications and construction cost estimate for District acceptance.
1.7 Final Deliverables - Deliver signed/sealed mylar drawings, final bid
documents and compact disk containing all documents in AutoCAD (latest
version) and MS Word for use in construction bidding. Reproduction of
construction documents for bidding purposes is not included.
1.8 Project Management and jUeelings -Provide project management to ensure
adherence to the project schedule and budget and to document all
communication between Psomas and the District. Psomas will conduct and
document meetings at project kick-off, 50% and 90% design review
submittals. Agendas and minutes will be prepared for all meetings.
1.9 Permit Assistance - Standard City of Yorba Linda permit conditions will be
included in the final contract documents and will require the Contractor to
obtain the encroaclvnent permit. Plan submittals to the City during design are
not included in the scope of work.
2.0 Bid Phase
2.1 Attend Pre-Bid RVleeling - Assist the District by attending the project pre-bid
meeting.
2.2 Prepare Addenda - Assist the District by preparing any required addenda to
clarify the construction documents.
2.3 Bid Evaluation Assistance - Assist the District in review and evaluation of
the contractor bids.
Project Schedule
Since the Zone Reconfiguration and San Antonio PRS Upgrade projects are hydraulically
related, it is important to coordinate the construction period of both projects to the same
time frame. We have prepared a project design schedule attached as Figure 1, which
includes the schedule for both projects. We are available to begin work on the project
immediately after receiving the notice-to-proceed from the District.
P S O M A S
Yorba Linda Water District Page 7
Mr. Polimino November 20, 2008
Labor flour.v and Fee
We propose to provide engineering services to complete the work as discussed above on
an hourly basis with the total fee not to exceed that shown in Tcible I attached. Our Fee
Table lists the subject project as Variance No. 1 and shows the estimated labor hours and
fees by task and total fee. The fee is computed based on our Standard Hourly Rates in
effect at the time services are rendered. Our current Standard Hourly Rate Schedule is
also attached as Table 2.
In addition to specific exclusions stated previously, this proposal does not include
preparation of SCADA programming and integration, geotechnical studies, traffic control
plans, easement legal descriptions, surveying, potholing, construction phase services,
record drawings, and other services not specifically stated herein.
If you have any questions, please do not hesitate to call me at 714-481-8061.
Sincerely,
PSOMAS
lt,~rov ~ , ~ Vernon R. Weisman, P.E.
Senior Project Manager
VRW:NC:vs
Encl.
2008-I I-I8_YILWD_iir prpsl_VW-NG.doc
FIGURE 1
YORBA LINDA WATER DISTRICT
Design Services—Zone Reconfiguration for Areas 1,2,and 3 Water System Improvements Project and San Antonio Road PRS Upgrade
Project Schedule
Task Name Duration Start Finish 6/08 7/08 8/08 9/08 10/08 11/08 12108 1/09 2/09 3/09 4/09 5/09 6109 7109 8/09 9109 10/09 11109
Variance No.1-San Antonio Road PRS Upgrade 216 days Thu 12/11108 Thu 1018109
Notice to Proceed 1 day Thu 12/11/08 Thu 12111/08 12/11
Prepare 50%Design Plans 20 days Fri 12/12/08 Thu 1/8/09
District Review of 50%Design Plans 5 days Fri 1/9/09 Thu 1/15/09
Prepare 90%Design Plans 17 days Fri 1/16/09 Mon 2/9109
District Review of 90%Design Plans 10 days Tue 2/10/09 Mon 2/23/09
Prepare 100%Design Documents 10 days Tue 2/24/09 Mon 319/09
District Review of 100%Design Docs 5 days Tue 3/10/09 Mon 3/16/09
Submit Final Mylars&Contract Docs 5 days Tue 3/17/09 Mon 3/23/09
Bid Period 28 days Tue 3/24/09 Thu 4/30/09
Contract Award 10 days Fri 5/1/09 Thu 5/14/09
Construction Period 105 days Fri 5/15/09 Thu 1018/09
P S 0 M A S Task 0 Milestone G Notice to Proceed 0
TABLE 1
YORBA LINDA WATER DISTRICT
Zone Reconfiguration Project
Estimated Labor Hours and Fees
D1 UMMM Scope of Work Tasks .Labor Haas o Fee
1.0 Design Phase
1.1 Utility Research 0 i 2 12 4 2 21 $2,526 so s0 s0 =220 $_2,746
1.2 Aerial Topographic Mapping 0 1 2 0 4 0 7 $934 $15,270 $0 s0 $1,900 $18,104
1.3 Prepare Street and Utility Base Mapping _ 0 2 16 8 80 16 122 $14,532 $0 $0 $0 $0 $14,532
_ 1.4 Prepare Preliminary Design(50%)Plans 2 18 36 24 40 60 178 $21,528 $0 s0 s0 $110 $21,638
1.5 Prepare 90%Plans,Specifications and Estimate 4 12 40 16 40 60 172 $20,864 $0 s0 s0 $220 $21,084
1.6 Prepare 100%Plans,Specifications and Estimate 1 8 24 8 16 16 73 $9,372 $0 s0 s0 $220 $9,592
1.7 Provide Final Deliverables 0 2 8 2 4 16 32 $3,710 $0 s0 $0 $110 _$3,820
1.8 Project Management and Meetings 2 8 12 0 0 0 22 $3,512 $0 s0 so $-to $3,622
1.9 Permit Assistance 0 0 4 12 0 0 16 $1,980 s0 s0 SO $0 $1,980
Subtotal Task 1.0 9 50 144 82 188 170 643 $78.958 $15,270 $0 $0 52.890 $97.118
2.0 Bid Phase
_ 2.1 Attend Pro-Bid Meeting 0 2 2 0 0 0 4 $636 s0 $0 $0 $o $636
2.2 Prepare Addendum 0 2 8 0 2 0 12 $1,736 s0 $0 $0 $0 57,738
2.3 Assist in Evaluation of Bids 0 1 2 0 0 0 3 $462 $0 $0 $0 so $482
Subtotal Task 2.01 C 5 12 0 $2.834 so so so so 52,814
1.0 Potholing Services
3.1 Potholing of Existing Utilities at C Locations 0 0 2 0 2 0 4 $524 $0 $13,200 EO EO ;$1 724 2 0 2 0 5524 $0 $13.200 $0 So ,724
Variance No.1-San Antonio Road PRS Upgrade
1-1-Design Phase
VI-1.1 Utility Records Research 0 0 0 4 0 0 4 $468 $0 $0 $0 $220 $692
V1-1.2 Perform Hydraulic and Structural Calculations 0 1 16 0 0 0 17 $2,478 $0 so s0 $0 $2,478
Vi-1.3 Site Visit/Prepare Base Mapping 0 0 4 0 4 16 24 $2,552 $0 $0 s0 s0 $2,552
V1-1.4 Prepare Preliminary Design(50%)Plans 0 2 8 0 8 12 30 $3,572 $0 $0 $1,650 $165 $5,387
V1-1.5 Prepare 90%Plans,Specifications and Estimate 0 4 24 0 12 32 72 $8,576 $0 $0 $6,050 $220 $14,846
V1-1.6 Prepare 100%Plans,Specifications and Estimate 0 2 10 0 8 20 40 $4,612 $0 so $3,190 $220 $81022
V1-1.7 Provide Final Deliverables 0 2 2 0 4 8 16 $1,860 $0 $0 $0 $220 $2,080
V1-1.8 Project Management and Meetings 2 4 10 0 0 0 16 $2,528 $0 $0 $0 $55 $2,599
V1-1.9 Permit Assistance 0 1 4 8 0 0 13 $1,686 $0 $0 $0 $110 $1,809
Sub-ToW Task VIA 2 16 78 12 36 88 232 $28,332 $0 s0 $10,890 $1,210 $40,465
V1.2-Bid Phase
V7-2.1 Attend Pre-Bid Meeting 0 2 2 0 0 0 4 $636 $0 $0 $0 $0 $636
V7-2_2'Prepare Addendum _ 0 1 8 0 2 0 11 $1,562 $0 $0 $0 s0 $1,562
VI-2.3 Assist in Evaluation of Bids 0 1 2 0 0 0 3 $462 $0 $0 $0 $0 $462
Sub-Total Task V1.2 0 4 12 0 2 0 18 $2,660 $0 $0 $0 EO 52,660
Subtotal Valiance No.1 2 20 12 0 2 0 18 $30,992 $0 $O $10,890 51.210 $43,125
Total Estimated Hours and Fee 1 11 75 170 82 194 170 684 1 $113,308 $15,270 $13,200 $10,890 $4,100 $156,801
P.I.C.-Principal In Charge 6 DA/QC($1961hr) Pothole(Underground Solutions)
P.M.-Project Manager($174(hr) Electrical(Momes/Pham)
P.E.-Project Engineer(f144/hr)
S.E.-Staff Engineer($1171hrc)
CADD-Lead CAD Designer($11 Mr)
Des-Designer(f941hr)
Psomas
TABLE 2
HOURLY RATE SCHEDULE
For services by Psomas
Effective through December 31, 2008
Water and Wastewater Engineering Services
$ 65-$ 85 Administrative Assistant
$ 65-$ 90
Engineering Assistant
$ 70 - $100
CAD Designer
$ 80 - $120
Lead CAD Designer
$ 80 - $125
Civil Engineer Designer
$ 90 - $130
Professional Engineer/Surveyor
$120-$160
Project Engineer/Project Surveyor/Senior Environmental Scientist
$120-$195
Senior Project Engineer
$150-$190
Project Manager
$165-$230
Senior Project Manager, QA/QC Manager, Principal-In-Charge
$210-$235
Two-Man Survey Crew
• Standard computer and technology costs are incorporated into these hourly rates, as
well as direct labor, overhead, fringe benefits and fee.
• Survey and other specialty equipment will be charged at a per unit per day rate.
• Expert witness testimony is two times the normal rate.
• Per Diem is calculated at current State Department of Transportation rates (or other
appropriate Agency rate).
Reimbursables
Mileage at $0.585 per mile (or current IRS allowable rate) and parking expenses incurred by
office employees are charged at cost. Prints, plots, messenger service, subsistence, air travel, and
other direct expenses will be charged at cost plus ten percent. The services of outside consultants
will be charged at cost plus fifteen percent.
ITEM NO.
AGENDA REPORT
APPROVED BY THE BOARD OF DIRECTORS
Board Meeting Date: December 11, 2008 OF THE YORBA LINDA WATER DISTRICT
To: Board of Directors DEC 1 1 2008
From: Ken Vecchiarelli, Assistant General Manager BY
Staff Contact: Leon de los Reyes, Water Quality Engineer
Reviewed by General Counsel: Pending Budgeted: Yes Total Budget: $ 3.2M
Funding Source: Water Revenue Bond
CEQA Account No: 101-2700 Job No: 200711
Compliance: Assessment Pending Estimated Costs: $550.00 Dept: Eng
Subject: License Agreement with Orange County Water District for Access to Warner Basin
Complex to Collect Water Quality Samples
SUMMARY:
The District is required by the State Department of Public Health (DPH) to collect and analyze
water quality samples from Orange County Water District's (OCWD's) Conrock Basin. OCWD
requires the execution of a License Agreement in order to access its property for sample
collection.
DISCUSSION:
As part of the District's long-term goal of increasing groundwater production, efforts continue to
gain approval to construct a second well at the site of Well No. 11, near to OCWD's Conrock
Basin. Per DPH requirements, the District must perform a series of water quality tests on Well
No. 11 and on nearby surface-water bodies, including the Santa Ana River and Conrock Basin.
OCWD requires the execution of a License Agreement, documentation of insurance and
payment of a license fee of $550 in order to access its property for sample collection.
A copy of the License Agreement is attached. Staff has reviewed the agreement and
recommends approval.
PRIOR RELEVANT BOARD ACTION(S):
September 11, 2008: Authorize 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.
STAFF RECOMMENDATION:
That the Board of Directors authorize execution of the License Agreement with Orange County
Water District for access to the Warner Basin Complex to collect water samples subject to
approval as to form by legal counsel, and to approve payment of $550 license fee to OCWD.
COMMITTEE RECOMMENDATION:
The Planning-Engineering-Operations Committee discussed this item at its meeting held
December 4th and supports staff's recommendation.
COPY
LICENSE AGREEMENT
(YORBA LINDA WATER DISTRICT)
(WARNER BASIN COMPLEX)
This License Agreement ("License") is made and entered into as of ,
2008 by and between the ORANGE COUNTY WATER DISTRICT, a political subdivision of
the State of California organized under Chapter 924 of the Statutes of 1933, as amended
("OCWD"), and YORBA LINDA WATER DISTRICT, a special governmental district of
the State of California ("Licensee").
PART I
FUNDAMENTAL LICENSE TERMS
1.1 License: OCWD hereby issues to Licensee a License to enter upon the following real
property owned by OCWD, for the purpose or activity specified in Paragraph 1.1.2:
1.1.1 Licensed Property: 4060 E. La Palma AvenuesAnaheim, CA., Conrock Basin,
as shown on the map included as Part IV attached hereto and incorporated herein by this
reference ("Premises").
1.1.2. Use of Premises: For and during the term of this License, and any extension or
renewal thereof, Licensee shall use the Premises solely and exclusively for the following
purpose(s) or activity(ies): to collect water samples. 1.2 Term: ThisLicense shall commence on December 17, 2008 ("Commencement Date")
and shall continue to and terminate at 11:59 p.m. local time on December 31, 2010 ("Expiration
Date"). This License and the Licensee's rights hereunder may not be extended beyond the
Expiration Date unless such extension is set forth in writing and signed by both OCWD and the
Licensee. Notwithstanding the foregoing or any other provision of this License, either OCWD or
Licensee may terminate this License with or without cause, or for any reason, at any time, by
giving the other party a ten (10) days written notice of termination.
BY PLACING ITS INITIALS HERE, LICENSEE ACKNOWLEDGES THAT IT
HAS READ AND UNDERSTANDS THE PROVISIONS OF THIS LICENSE
THAT ALLOW OCWD TO TERMINATE THIS LICENSE AT ANY TIME WITH
OR WITHOUT CAUSE AS SET FORTH HEREINABOVE.
Licensee:
1.3 License Consideration: As consideration for the issuance of this License, Licensee shall
pay to OCWD the sum of FIVE HUNDRED FIFTY DOLLARS ($550.00) payable prior to
entering the Premises ("License Fee") in accordance with Part II (General Provisions).
131/022499-0016
949607.01 a11/18/08
1.4 Notices and Payments: All payments, notices and other writings required to be
delivered under this License to either party shall be delivered in accordance with the provisions
of Part II ("General Provisions"), to OCWD at the address set forth in Part II, and to Licensee at
the address set forth in this Part I.
1.5 Attachments: This License incorporates by reference the following Attachments to this
License:
Part I:
Fundamental License Terms 4 ,
Part II:
General License Provisions
Part III:
Special License Provisions
Part IV:
Map of the Premises]
1.6 Integration: This License represents the entire understanding of OCWD and Licensee as
to the License and all other matters contained herein. No prior oral or written understanding
shall be of any force or effect with regard to those matters covered by this License. This License
supersedes and cancels any and all previous negotiations, arrangements, agreements or
understandings, if any, between the parties, and none shall be used to interpret this License.
IN WITNESS WHEREOF, the parties have executed and entered into this License as of the date
first set forth above.
a
ORANGE COUNTY WATER DISTRICT YORBA'LINDA WATER DISTRICT
9{{ fie' E f
~ ~ ~ .}V It ~lf~[
By:
Stephen R. Sheldon, President ,
lr ~fl;',
By.
Michael R. Markus P. E.,'
General Manager
`]gilt` sill it;
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP.
General Counsel, Orange County Water
District
By ~ ,
Name:
Title:
By:
Name:
Title:
[Note: Licenses issued to corporations
require the signature of two corporate
officers]
131/022499-0016
949607.01 all/18/08 -2-
1717 E. Miraloma Ave.
P.O. Box 309
Placentia, CA 92885-0309
Attn: Ken Vecchiarelli
Telephone Number: (714) 701-3102
Fax No.: (714) 70,1-310&,,
Email Address, kvec(a),ylwd.com
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131/022499-0016
949607.01 all/18/08 -3-
PART II
GENERAL LICENSE PROVISIONS
2.1
2.2
Pavment of License Fee
sums provided for in this License. No endorsement or
letter accompanying any check or payment shall be del
✓mems on account. P
of any License Fee of
yable pursuant to this
agreement by OCWD modifying this License or a waiver
without offset or deduction, and shall be deemed I
payment by Licensee nor the acceptance by OCW
an amount which is less than the amount due and I
the issuance of a monthly statement showing as di
properly due and payable pursuant to the terms of
2. 1.1 Transmittal of Pavments: Licensee shall make all License Fee payments, and pay
all other sums due under this License, in lawful money of the United States, by check
payable to "ORANGE COUNTY WATER DISTRICT," and shall personally deliver or
mail all payments without any notice or demand to OCWD at the address set forth in
Paragraph 2.8.1 below. Licensee assumes all risk of loss or late payment if any payment
is made by mail.
2.1.2 No Offsets: All License Fees and other sums due under this License shall be paid
the
sum in
nor
able an amount less than is
se, shall constitute an
OCWD's right to receive all
nent on any check or any
an accord or satisfaction, and
OCWD shall accept all checks and payments from Licensee without prejudice to
OCWD's right to recover the balance of the amount due or to pursue any other remedy in
this License or otherwise provided by law.
Charees for Pavment of License Fee
2.2.1 If any payment of any License Fee or any other sum due OCWD is not received
by OCWD within ten (10) days after the due date, Licensee shall be deemed delinquent in
its License Fee payment and a late charge of one and one-half percent (1.5%) of the
delinquent amount, plus the sum of One Hundred Dollars ($100.00), shall become
immediately due and payable to OCWD. An additional charge of one and one-half
percent (1.5%) of such delinquent License Fee payment (excluding late charges) shall be
added for each additional calendar month (or portion thereof) that the delinquent sum
remains unpaid.
2.2.2 Licensee and OCWD hereby acknowledge and agree that such late charges do not
represent and shall not be deemed to be an interest payment, but that such late charges
represent a fair and reasonable estimate of the costs and expenses that OCWD will incur
by reason of Licensee's late payment.
131/022499-0016
949607.01 al 1/18/08 -4-
2.2.3 Acceptance by OCWD of any delinquent License Fee payment or late charge
shall in no way constitute a waiver of Licensee's default with respect to such overdue and
delinquent payment, or in any way impair, prevent or restrict OCWD from exercising any
of its rights or remedies set forth in this License or otherwise provided at law.
2.3
Use of Premises
2.3.1 Conditions of Use: For and during the term of this License, and any extension or
renewal thereof, Licensee's use of the Premises shall be subject to the following
conditions, covenants and restrictions:
2.3.1.1 Except as provided in this License, tho!,Premises shall be used only for
the purposes specified in Paragraph 1. 1.2 above; and the Premises shall not be
used for any other use or purpose whatsoever, without the prior written consent of
OCWD. ~2.3.1.2 Licensee shall not cause, permit or suffer any "hazardous,material,"
"hazardous waste" or "hazardous chemicals" as those terms are used in CERCLA
(42 U.S.C. § 9601(14)) or SARA (42 U.S.C. § 110211(e)) or any similar Federal,
State, or local law, statute, ordinance, regulation or order,, or otherwise determined
by OCWD, to be brought upon, lefl, used or, abandoned on the Premises.
2.3.1.3 Licensee shall not maintain, commit or permit the maintenance or
commission of any waste or any nuisance (as defined in California Civil Code
section, 3479) on the Premises, and Licensee shall not use or permit the use of the
Premises for any unlawful purpose.
2.3.1.4 OCWD or its authorized representative shall have the right at all
reasonable times to enter upon the Premises and inspect the general condition of
the Premises to determine if Licensee is complying with the terms, conditions,
requirements and provisions of this License.
2.3 .2 '0j)jties and Services: Licensee shall be solely responsible for obtaining all utility
service and for the payment of all utility charges, including but not limited to water and
power, supplied to the Premises.
2.3.3 Permits and Approvals: Licensee shall obtain any and all governmental permits,
approvals, licenses or other authorizations which may be required in connection with the
use of the Premises as set forth in this License. No approval or consent given under this
License by OCWD shall affect or limit Licensee's obligations hereunder, nor shall any
approvals or consents given by OCWD, in its capacity as a party to this License, be
deemed to be approval as to compliance or conformance with any applicable
governmental codes, laws, orders, rules or regulations.
131/022499-0016
949607.01 all/18/08 -5-
2.4 Insurance: Without limiting Licensee's indemnification obligations, Licensee shall not
enter or occupy the Premises until Licensee has obtained all of the insurance required herein
from a company or companies licensed to do business in the State of California and acceptable to
OCWD, and Licensee shall maintain all such insurance in full force and effect at all times during
the term of this License and any extension or renewal thereof. Insurance shall be placed with
insurers having a current A.M. Best rating of no less than A-:VII or equivalent or as otherwise
approved by OCWD.
2.4.1 Licensee shall take out and maintain the following insurance:
2.4.1.1 Workers' Compensation and Emnlover's Liability Insurance: Licensee
shall cover or insure under the applicable laws relating to workers' compensation
insurance all of its employees working on or about the Premises, in accordance
with the "Workers' Compensation and Insurance Act," Division N of the Labor
Code of the State of California and any Acts amendatory thereof. Licensee shall
provide worker's compensation insurance and employer's liability insurance with
limits not less than One Million Dollars ($1,000,000) each occurrence, One
Million Dollars ($1,000,000) disease policy limit, and One Million Dollars
($1,000,000) disease each employee. Such policy of workers compensation
insurance shall contain the following separate endorsements:
(a) "Insurer waives all rights of subrogation against the Orange
County Water District, its officers, directors, employees, representatives and
volunteers."
(b) "This insurance policy shall not be suspended, voided, reduced in
coverage or in limits, cancelled, limited, non-renewed or materially changed for
any reason by the insurer until thirty (30) days after receipt by the Orange County
Water District of a written notice of such cancellation, limitation or reduction of
coverage."
2.4.1.2 Commercial General Liabilitv Insurance providing coverage in the
following minimum limits:
(a) Combined single limit of Two Million Dollars ($2,000,000) per
occurrence for Bodily Injury, Personal Injury or Death and Property.
(b) Damage Coverage shall be at least as broad as Insurance Services
Office (ISO) Commercial General Liability coverage (occurrence Form CG
0001).
(c) If Commercial General Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to
131/022499-0016 G
949607.01 all/18/08 -6-
the project/location (with the ISO CG 2503 or ISO CG 2504, or insurer's
equivalent endorsement provided to OCWD), or the general aggregate limit shall
be twice the required occurrence limit.
2.4.1.3 Comprehensive Automobile Liabilitv Insurance. including owned, non-
owned, leased, hired, and borrowed automobiles and similar vehicles, providing
the following minimum limits:
(a) Combined single limit of One Million Dollars ($1,000,000) per
occurrence for Bodily Injury or Death and Property Damage.
(b) Coverage shall be at least as broad as Insurance Services Office
(ISO) Business and Auto Coverage (Form, CA 0001) covering any auto.
2.4.2 Endorsements: The policies of liability insurance provided for in Paragraphs
2.4.1.2 and 2.4.1.3 shall specify that this specific License is insured and that coverage for
injury to participants resulting from Licensee's activities is not excluded, and shall be in a
form satisfactory to OCWD and contain the following separate endorsements:
(a) "The OrangglCounty Water District, its officers, directors,
employees, representatives and volunteers, are declared to be additional insureds
on all of the above policies with respects to the operations and activities of the
named insured at or from the premises of the Orange County Water District. The
coverage shall contain no special limitations on the scope of protection afforded
to the Orange County Water District,, its officers, directors, employees,
representatives and volunteers."
(b) "This insurance policy shall not be suspended, voided, reduced in
coverage or in limits, canceled, limited, non-renewed, or materially changed for
any reason until thirty (30) days after receipt by the Orange County Water District
of a written notice of such cancellation, limitation or reduction of coverage."
(c) "This insurance policy is primary insurance and no insurance held
or owned by the designated additional insureds shall be called upon or looked to
cover a,loss under said policy; the Orange County Water District shall not be
liable for the payment of premiums or assessments on this policy."
(d) "Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the
Orange County Water District, its officers, directors, employees, representatives,
or volunteers."
131/022499-0016
949607.01 al 1/18/08 -7-
(e) "This insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability."
2.5
2.4.3 Evidence of Coverage: Licensee shall at the time of the execution of the License
present to OCWD the original policies of insurance required by this Paragraph 2.4 or a
certificate of the insurance, with separate endorsements (Insurance Services Office Form
CG 2026, or equivalent), showing the issuance of such insurance and the additional
insured and other provisions and endorsements required
insurance sufficient in coverage, form and limits to provide adequate protection and
Licensee shall promptly comply with any such requirement. OCWD's requirements shall
not be unreasonable, but shall be adequate in the sole opinion of OCWD to protect
against the kind and extent of risks which may exist at the time a change of insurance is
required, or thereafter.
2.4.5 Deductibles: Any and all deductibles must be declared and approved by OCWD
prior to execution of this License.
2.4.6 License Contingent Utnon Coverage: Notwithstanding any other provision of this
License, this License shall be null and void at all times when the above-referenced
original policies of insurance or Certificate of Insurance or Renewal Certificates or
Endorsements are not on file with OCWD.
2.4.4 Review of Coverage: OCWD shall have the right at any time to review the
coverage, form, and limits of insurance required under this License. If, in the sole and
absolute discretion of OCWD, the insurance provisions in this License do not provide
adequate protection for OCWD, OCWD shall have the right to require Licensee to obtain
of all
endorsements signed by the insurer's representative. All,policies shall contain the
Licensee's name and location of the Premises on the certificate. At least thirty (30) days
prior to the expiration of any such policy, a signed complete certificate of insurance, with
all endorsements provided herein, showing that such insurance coverage has been
renewed or extended, shall be filed with OCWD. Licensee's insurance shall apply
separately to each insured against whom claim is made of ssuit is brought, except with
respect to the limits of the insurer's liability.
Indemnification
2.5.1 OCWD not Liable: OCWD shall not be liable at any time for any loss, damage or
injury whatsoever to the person or property of any person or entity whatsoever, including
but not limited to any employee, agent or contractor of Licensee, resulting from or arising
out of any act or omission of Licensee or of any person or entity holding under Licensee,
or the occupancy or use of the Premises or any part thereof by or under Licensee, or any
act or omission in the exercise of any right or the performance of any obligation under
131/022499-0016
949607.01 al 1118/08 -8-
this License, or directly or indirectly from any state or condition of the Premises, or any
part thereof.
2.5.2 Indemnification: Irrespective of any insurance carried by Licensee for the benefit
of OCWD, and notwithstanding any other provision of this License to the contrary,
Licensee shall indemnify and hold OCWD, its officers, directors, employees,
representatives and volunteers harmless from and against any and all actions, claims,
demands, judgments, attorneys fees, costs, damages to persons or property, penalties,
obligations, expenses or liabilities of any kind that may be asserted or claimed by any
person or entity (including, but not limited to, any employee, agent or contractor of
Licensee) in any way arising out of or in connection with this License, the operations
carried on by Licensee on the Premises or any lands to which Licensee has access
hereunder, or the occupation or use of the Premises by Licensee or any person or entity
holding under Licensee (collectively, "Claims"), whether or not there is concurrent active
or passive negligence on the part of OCWD, and/or acts for which the OCWD would be
held strictly liable, but excluding the sole active negligence and willful misconduct of
OCWD. In connection therewith:
2.5.2.1 Licensee shall
representatives and vole
in whole or in part by C
which C
from the
employe
costs, in
2.5.2.2
OCWD
whether
be held
hold OCWD, its officers, employees, agents,
iless from any and all Claims, whether caused
ve or passive negligence, and/or acts for
y liable, but, excluding any Claim that results
lillful misconduct of OCWD, its officers,
agents, or representatives; and Licensee shall pay all expenses and
uding attorneys' fees, incurred in connection therewith.
,icensee shall promptly pay any judgment rendered against Licensee or
~vering any Claim, and hold and save OCWD harmless therefrom,
ich Claim was caused in whole or in part by OCWD's active or passive
and/or acts for which OCWD would be held strictly liable, but
the sole active negligence and willful misconduct of OCWD.
2.5.2.3 In the event OCWD is made a party to any action or proceeding filed or
prosecuted for or arising out of or in connection with any Claim, Licensee shall
pay to OCWD any and all costs and expenses incurred by OCWD in any such
action or proceeding, together with reasonable attorneys' fees.
2.5.2.4 All of the indemnity obligations of Licensee under this Paragraph 2.5.2,
or as otherwise set forth in this License, shall survive the expiration or earlier
termination of this License.
131/022499-0016
949607.01 a11/18/08 -9-
2.6 Legal Relations and Responsibilities
2.6.1 Nature of Relationship: OCWD and Licensee understand and agree that the only
relationship between them created by this License is that of Licensor and Licensee, and
that this License does not create, and shall not be construed to create, any agency,
partnership, joint venture, landlord-tenant or other relationship between OCWD and
Licensee.
2.6.2 Compliance with Laws: Licensee shall keep itself
and future state and federal laws and all county and city or
in any manner affect the activities of Licensee under this.I
use of the Premises by Licensee, and of all such orders= an(
having any jurisdiction or authority over the sair
and comply with all such existing and future law
decrees, and shall protect and indemnify, as regt
directors, employees and agents against any clai:
violation of any such law, ordinance, regulation,
any person or entity holding under Licensee.
2.6.3 Assignment: The License
assignment of said License by Lia
formed of all existing
s and regulations which
or the possession or
or tribunals
Licensee shall at all times observe
ordinances, regulations, orders and
;d herein, OCWD, its officers,
or liability, arising from or based on the
-der or decree, whether by Licensee or
is personal to Licensee and any
.y or by operation of law, shall
automatically terminate this License, unless Licensee has obtained the prior written
consent of OCWD, which may be withheld, in its sole and absolute discretion, for any
reason or no reason at all.
2.6.4 Acknowledament of OCWD's Title: Licensee hereby acknowledges the title of
OCWD in and to the Premises, including the real property fixtures and improvements
existing or erected thereon, and Licensee hereby covenants and promises never to assail,
contest or resist OCWD's title to the Premises.
2.6.5 Liens: Licensee shall maintain the Premises free from and clear of any claims,
obligations, liabilities, liens, encumbrances and charges, including but not limited to any
claims, liens or charges arising out of or in connection with the furnishing of materials or
the performance of labor on the Premises. Licensee further shall protect and indemnify
OCWD and the Premises from and hold them, and each of them, harmless against any
and all such claims, obligations, liabilities, liens, encumbrances and charges.
2.6.6 Possessory Interest Taxation: A possessory interest subject to property taxation
may be created by this License. It is understood and agreed that if such a possessory
interest is created, Licensee shall be responsible for the payment of all property taxes
levied on such interest, and that OCWD shall have no responsibility therefor.
131/022499-0016
949607.01 a 11 /18/08 _10-
2.6.7 OCWD's Reservations
2.6.7.1 OCWD hereby reserves the right to grant easements and rights-of-way
for pole or tower lines for transmission of electricity, and easements, leases and
rights-of-way for telephone, telegraph, telecommunication facilities, gas, water,
sewer and oil lines, for roads and highways, and for other similar uses over and
across the Premises at any location or locations within the Premises. In the event
Licensee determines that the granting or exercise of any such easement, lease, or
right-of-way significantly interferes with Licensee's possession or use of the
Premises, Licensee's only remedy shall be to terminate this License upon thirty
(30) days written notice to OCWD. Licensee shall not interfere with any
easements or rights-of-way pertaining to or affecting the Premises.
2.6.7.2 OCWD hereby reserves the right to sell, transfer or
any portion of the Premises at any time. In the
disposition, and notwithstanding any other pro`
shall, upon the close of escrow or the conveyar
portions of the Premises sold, transferred or dis
release the same from the terms of this License
of such sale,
dispose of
fer or
oh,Qf this License; this License
of title, terminate as to the
sed of, and Licensee shall
y encumbrance which
results from this License.
2.6.7.3 OCWD reserves the
any
set forth in the Orange County W
of
into itself to perform any and all work
and/or conserving the basin groundwater
y to the functions or purposes of OCWD, as
r District Act, Chapter 924 of the California
any portion or all of the Premises at any time.
Such work may be performed without incurring any liability of any nature
whatsoever to Licensee, and Licensee hereby releases OCWD from, and
covenants not to sue OCWD for, any such liability. OCWD further reserves unto
itself the rights of ingress and egress over all or any portion of the Premises.
2.6.8 Waiver of Clajrns: As a material part of the consideration to OCWD under the
License, Licensee hereby waives any and all claims that it may have against OCWD
during the term of this License, or any extension or renewal thereof, for any damage to
goods, wares and merchandise upon or about the Premises, and for any injury to
Licensee, its employees, agents, invitees, or to third parties in or about the Premises, from
any cause arising at any time.
2.6.9 Surrender of Possession: At the expiration or termination of this License, whether
with or without cause, Licensee shall promptly quit and surrender the Premises in a good
state of repair.
131/022499-0016
-11-
949607.01 al 1/18/08
2.6.10 Disposition of Abandoned Propertv: If Licensee abandons or quits the Premises
or is dispossessed thereof by process of law or otherwise, title to any personal property
left on the Premises for fifteen (15) or more days after such event shall at OCWD's
opinion, be deemed to have been abandoned and transferred to OCWD. OCWD shall
have the right to remove and dispose of any and all such property without liability
therefor to Licensee or to any person or entity claiming under Licensee, and OCWD shall
have no duty to account for such property. Licensee agrees to reimburse OCWD for any
and all costs associated with OCWD transferring or disposing,Q f Licensee's personal
property pursuant to this Section.
2.6.11 Premises "As-Is": Licensee acknowledges that the Premi!
to Licensee on an "as-is" basis, and Licensee takes,and occupies th]
reliance upon any representation by OCWD, or any of its officers, c
representatives, or any other person, concerning the Premises, their
intended use or any other particular purpos
potential or capabilities, their value, or any
not expressly set forth in this License.
2.6.12 No Representation or Warta
that neither OCWD, nor any of its oft
made any written or oral representatic
concerning the Premises, their fitness
use, their income producing history, I
matter not expressly set forth in this I
are being provided
•emises without
agents or
Licensee's
inducement
-ernina PremjSes: Licensee acknowledges
iployees, agents or representatives, has
ise, or warranty, expressed or implied,
nsee's intended use or any other purpose or
or capabilities, their value, or any other
2.6.13 Disputes: In the event that any action is commenced by a party to this License
against the other to enforce its rights or obligations arising from this License or seeking
to interpret this License, the,prevailing party in such action, in addition to any other relief
and recovery ordered by the court; shall be entitled to recover all statutory costs, plus
reasonable attorneys' fees. Should OCWD be named in any suit brought by any third
party against Licensee in connection with or in any way arising out of Licensee's
occupancy or use of the Premises under this License, Licensee shall pay to OCWD its
costs and expenses incurred in such suit, including reasonable attorneys' fees.
2.6.14 Securitv Measures: Licensee acknowledges that the Premises are licensed to
and accepted by Licensee in an "as-is" condition, and that the License Payments and
other sums payable from Licensee to OCWD hereunder do not include the cost of
security guard or any other security services or measures. Licensee further acknowledges
that OCWD makes no representation or warranty, express or implied, regarding the
security of the Premises or the need for or propriety of any security measures at the
Premises; and Licensee further acknowledges that OCWD shall have no obligation
whatsoever to provide guard service or any other security measures. Licensee expressly
131/022499-0016
949607.01 al 1/18/08 -12-
assumes all responsibility for the protection and security of the Premises, Licensee, its
agents, employees, invitees and property within the Premises from any and all acts of any
third party.
2.6.15 No Obligation to Third Parties: Execution and issuance of this License shall not
be deemed to confer any rights upon, directly, indirectly or by way of subrogation, nor
obligate either of the parties hereto to, any person or entity other than OCWD and
Licensee.
2.6.16 Waiver: Any waiver by any party of a breach of any provision of this License
shall not be deemed a continuing waiver or a waiver of any subsequent breach whether of
the same or of another provision hereof.
2.6.17 OCWD's Liability on Termination: Licensee hereby waives all damages or
claims for damage that may be caused by any action of OCWD in terminating this
License (either with or without cause), oftaking possession of the Premises,,as provided
in this License or at law, and Licensee waives all claims for damages to or loss of such
property of Licensee as may be in or upon the Premises upon the termination of this
License.
`
2.7 Maintenance and Repair of Premises All
2.7.1 Licensee's Oblip-ation to Maintain Premises: Licensee shall at all times during the
term of this License, and any extension or renewal thereof, at its sole cost and expense,
removes all trash and debris from the Premises. Licensee shall also keep and maintain in
good condition and in substantial repair (all to the satisfaction of OCWD in its sole
discretion), the Premises and all appurtenances and every part thereof, including
improvements of any kind erected, installed or made on or within the Premises. Licensee
shall at all times in the maintenance and use of the Premises and the buildings, structures,
facilities, improvements and equipment thereon, comply with all laws, ordinances and
rc~,,ulations pertaining thereto, and all conditions and restrictions set forth herein.
Licensee expressly agrees to maintain the Premises in a safe, clean, wholesome, and
sanitary condition and free of trash and debris, to the complete satisfaction of OCWD and
in compliance, with all applicable laws.
2.7.2 Licensee's Default of its Maintenance Duties: In the event that Licensee fails,
neglects or refuses to remove trash or debris deposited by Licensee or its invitees on the
Premises or to maintain or make repairs or replacements as required by this License,
OCWD shall notify Licensee in writing of such failure or refusal. Should Licensee fail or
refuse to correct such default within ten (10) days of receipt of such written notice from
OCWD, OCWD may, but shall not be required to, itself or by contract, undertake the
necessary maintenance, repair or replacements; and the cost thereof, including but not
limited to the cost of labor, materials and equipment and procurement of insurance, plus
131/022499-0016
949607.01 al 1/18/08 -13-
an administrative fee in the amount of fifteen percent (15%) of the sum of such costs,
shall be paid by Licensee to OCWD within ten (10) days of Licensee's receipt of a
statement of such costs from OCWD. Any such maintenance, repair or replacement by or
on behalf of OCWD shall not be deemed to be a waiver of Licensee's default under this
License, and shall not in any way impair, prevent or restrict OCWD from exercising any
of its rights or remedies set forth in this License or otherwise provided at law.
2.8
Miscellaneous
2.8.1 Notices: Any notice, payment or instrument required or permitted to be given or
delivered by this License may be given or delivered by personal delivery or by depositing
the same in any United States mail depository, first clash postage prepaid, and addressed
as follows:
If to OCWD:
E.
If by mail: ORANGE COUNTY WATER DISTRICT
P.O. Box 8300,
Fountain Valley, CA 92728-8300
Attn: Property Management
If by personal delivery: ORANGE COUNTY WATER DISTRICT
18700 Ward Street
i
Fountain Valley, CA 92708
Attn: Property Management
If to Licensee: i` ' To such name and address set forth for Licensee in
Part I of this License,
or such other person or address as, either party may direct in writing to the other;
provided, however, that such new or different person or address shall not become
effective until acknowledged in writing by the party to who directed. Except where
service is by personal delivery or by registered or certified mail, return receipt requested,
service of any instrument or writing shall be deemed completed forty-eight (48) hours
after deposit in a United States mail depository.
2.8.2 Warrantv of Authoritv: Each officer of OCWD and Licensee affixing his or her
signature to this License warrants and represents by such signature that he or she has the
full legal authority to bind his or her respective party to all of the terms, conditions and
provisions of-this License, that his or her respective party has the full legal right, power,
capacity and authority to enter into this License and perform all of its provisions and
obligations, and that no other approvals or consents are necessary in connection
therewith.
131/022499-0016
949607.01 al 1/18/08 -14-
2.8.3 Headings: The titles and headings of Sections and Paragraphs of this License, as
herein set forth, have been inserted for the sake of convenience only, and are not to be
taken, deemed or construed to be any part of the terms, covenants or conditions of this
License, or to control, limit or modify any of the terms, covenants or conditions hereof.
2.8.4 Time of Essence: Time is of the essence of this License. Failure to comply with
any requirement, including but not limited to any time requirement, of this License shall
constitute a material breach of this License.
2.8.5 Construction and Amendment: This License sha
governed and enforced in all respects according to the la
as if drafted by both OCWD and Licensee. No amendmi
this document shall be valid unless in writing, stating tha
this License, and signed by all of the parties hereto.
2.8.6 Successors: Subject to the provisions of Paragral
all of the terms, conditions and provisions herein, shall ii
binding upon, OCWD, Licensee,, and their respective suc
2.8.7 Re-Entrv: No entry or re-entr
an election to terminate this License, i
written notice of intent to terminate is
possession of the Premises without havin
from making such an election and giving
2.8.8 Partial Invall'
held by a court of cc
way affect, impa
contained in this
2.8.9 Further ~
all additional pal
things reasonabl
hereunder and to
construed, interpreted,
if the State of California and
it, change or modification of
it amends, changes or modifies
i2.6.3 above, this License, and
" .
ireFto the benefit of, and be
and assigns.
Premises by OCWD shall be construed as
)r thereto or concurrently therewith
;WD to Licensee. OCWD's entry into
to terminate shall not prevent OCWD
notice thereof
y term, covenant, condition or provision of this License is
risdiction to be invalid, void, illegal, or unenforceable, the
'eof shall remain in full force and effect and shall in no
e any other term, covenant, condition or provision
ices: Each of the parties hereto shall execute and deliver any and
ocuments and other assurances and shall do any and all acts and
ssary in connection with the performance of their obligations
out the intent of the parties hereto.
2.8.10 Precedence: In the event of any conflict between Parts of this License, Part I
shall prevail over Parts lI, III and IV, and Part III shall prevail over Part Il.
131/022499-0016
949607.01 al 1/18/08 -15-
PART III
SPECIAL LICENSE PROVISIONS
3.1 Additional Conditions of Use: The following are added to Paragraph 2.3.1, as additional
conditions to the use of the Premises:
2.3.1.5 Licensee shall provide OCWD with a copy of the Water Quality reports for
samples taken from the Premises.
e; 3
3.2 Additional Insurance: The following are added to Paragraph 2.4, as additional conditions
of Insurance of the Premises:
2.4.7 Licensee may submit a letter of self-insurane~jnleu of a certificate of insurance
in a form acceptable to OCWD.
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131/022499-0016
949607.01 al 1/18/08 -16-
PART IV
MAP OF THE PREMISES
131/022499-0016
949607.01 al 1/18/08 -17-
; 111111 ,11111'`.
1°~i1,?ix i[
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ITEM NO. l?-
AGENDA REPORT
APPROVED BY THE 30AAD OF DIRECTORS
Board Meeting Date: December 11, 2008 OF THE YORBA LINCANATER DISTRICT
To: Board of Directors DEC 1 1 2008
From: Ken Vecchiarelli, Assistant General Manager BY
Staff Contact: Same
Reviewed by General Counsel: No Budgeted: Yes Dept: Admin
Funding Source: N/A
Account No: Job No:
CEQA Compliance: N/A Estimated Costs: $ Minimal staff costs
Subject: Amending the Names of Individuals Authorized to Transfer Funds via the Federal
Wire System
SUMMARY:
The District's financial institution Wells Fargo Bank requires those individuals authorized to
transfer funds via the Federal Wire System for the District be designated by Resolution. With
the retirement of Michael A. Payne as General Manager effective December 30, 2008, a new
Resolution needs to be adopted incorporating the names of District employees authorized to
transfer funds via the Federal Wire System.
DISCUSSION:
Currently, any funds currently transferred via the Federal Wire System for the purpose of
investing or transferring funds for payment of payables are made by Michael A. Payne, Kenneth
R. Vecchiarelli and/or Diane Cyganik.
Section 1. That Kenneth R. Vecchiarelli/Assistant Secretary, or Diane Cyganik, Auditor, are
both hereby authorized, as representatives of the District, to transfer funds via the
Federal Wire System for the following purposes:
a. Investments. Any funds transferred for the purpose of making investments on
behalf of the Yorba Linda Water District must be for the credit of the Yorba
Linda Water District, and can only be to financial institutions authorized by the
latest adopted Investment Policy Resolution.
b. Payables. Transfer of funds for payment of payables to the following:
1. Vendors requesting a wire transfer instead of a check.
2. To assure payment in a timely manner to avoid a financial penalty.
c. Payment of payroll taxes.
d. Payment of 3rd party checks for insurance, deferred income, garnishment,
CalPERS, etc.
Currently, any funds transferred via the Federal wire system for any purpose other than
investments and payables require approval by two persons. Any one of the Board members is
authorized to be the first signer and either Kenneth R. Vecchiarelli/Assistant Secretary or Diane
Cyganik/Auditor to be the second signer. It is recommended that this section to remain the
same.
Section 2. Any funds transferred via the Federal Wire System for any purpose other than
those specified in Section I(a) and/or (b) herein requires approval by two persons.
Any one of the five members of the Board of Directors is authorized to be the first
signer and Kenneth R. Vecchiarelli/Assistant Secretary or Diane Cyganik, Auditor
are hereby authorized to be cosigners. These are the only signatures authorized
to appear on the Wire Instruction Form for funds transferred under this section.
Section 3. Sandi Van Etten, Senior Accountant, or Chau Le, Accounting Assistant II, will
verify all wire transfers with Wells Fargo Bank that have been sent via the Federal
Wire System.
The attached Resolution incorporates the above changes and rescinds the current Resolution
No. 06-02.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors last amended the names of individuals authorized to transfer funds via
the Federal Wire System when Resolution No. 06-02 was adopted on April 13, 2006 when
Diane Cyganik was hired as the Finance Director/Auditor on April 3, 2006.
STAFF RECOMMENDATION:
That the Board of Directors adopt Resolution No. 08-15 authorizing individuals to transfer funds
via the Federal Wire System and rescind Resolution No. 06-02.
COMMITTEE RECOMMENDATION:
The Executive-Administrative-Organizational Committee discussed this issue at their meeting on
November 24, 2008. The Committee recommends the Board of Directors adopt the attached
Resolution.
RESOLUTION NO. 08-15
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
YORBA LINDA WATER DISTRICT AUTHORIZING
INDIVIDUALS TO TRANSFER FUNDS VIA THE FEDERAL
WIRE SYSTEM AND RESCIND RESOLUTION NO. 06-02
WHEREAS, the Yorba Linda Water District (District) desires to transfer funds through
the Federal Wire System; and
WHEREAS, the transfer of funds through the Federal Wire System is authorized by
signature and is completed electronically or by telephone if necessary, for
the purpose of paying certain debts and making investments; and
WHEREAS, financial institutions require that those persons authorized to sign District
checks and transfer funds via the Federal Wire System be designated by
a Resolution of the Board of Directors; and
WHEREAS, on April 13, 2006, the Board of Directors adopted Resolution No. 06-02
which authorized the Secretary/General Manager, Assistant Secretary
and Auditor as the designated representatives of the District to transfer
funds via the Federal Wire System; and,
WHEREAS, with the retirement of Michael A. Payne, Secretary/General Manager
effective December 30, 2008; and,
WHEREAS, the Board of Directors wish to update the names of the employees who
are designated and authorized representatives of the District to transfer
funds,
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Section 1. That Kenneth R. Vecchiarelli/Assistant Secretary, or Diane Cyganik,
Auditor, are both hereby authorized, as representatives of the District, to
transfer funds via the Federal Wire System for the following purposes:
a. Investments. Any funds transferred for the purpose of making
investments on behalf of the Yorba Linda Water District must be for
the credit of the Yorba Linda Water District, and can only be to
financial institutions authorized by the latest adopted Investment
Policy Resolution.
b. Payables. Transfer of funds for payment of payables to the following:
1. Vendors requesting a wire transfer instead of a check.
2. To assure payment in a timely manner to avoid a financial penalty.
c. Payment of payroll taxes.
d. Payment of 3rd party checks for insurance, deferred income,
garnishment, CalPERS, etc.
Section 2. Any funds transferred via the Federal Wire System for any purpose other
than those specified in Section I(a) and/or (b) herein requires approval by
two persons. Any one of the five members of the Board of Directors is
authorized to be the first signer and Kenneth R. Vecchiarelli/Assistant
Secretary or Diane Cyganik, Auditor are hereby authorized to be
cosigners. These are the only signatures authorized to appear on the
Wire Instruction Form for funds transferred under this section.
Section 3. Sandi Van Etten, Senior Accountant, or Chau Le, Accounting Assistant II,
will verify all wire transfers with Wells Fargo Bank that have been sent via
the Federal Wire System.
Section 4. That Resolution No. 06-02 is hereby rescinded effective immediately
upon passage of this Resolution.
PASSED AND ADOPTED this 11th day of December 2008 by the following called
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
, President
Yorba Linda Water District
ATTEST:
Kenneth R. Vecchiarelli, Assistant Secretary
Yorba Linda Water District
REVIEWED AS TO FORM BY GENERAL COUNSEL:
Arthur G. Kidman, Esq.
McCormick, Kidman and Behrens
2
ITEM NO. ,-_,23d
MINUTES OF THE
YORBA LINDA WATER DISTRICT
PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING
December 4, 2008
A meeting of the Planning-Engineering-Operations Committee was called to order by
Committee Chair Mills on Thursday December 4, at 4:00 p.m. The meeting was held at
the District Administrative Office at 1717 E. Miraloma Ave, Placentia.
DIRECTORS PRESENT
Director William R. Mills, Chair
Director Paul R. Armstrong
STAFF PRESENT
Ken Vecchiarelli, Asst.General Manager
Lee Cory, Operations Manager
Ken Mendum, Operations Superintendent
John DeCriscio, Chief Plant Operator
Steve Conklin, Consulting Engineer
INTRODUCTION OF VISITORS AND PUBLIC COMMENTS
None.
ACTION ITEMS
Consider waiving construction meter fees and temporary construction water
charges for demolition of homes destroyed in wildfires.
Mr. Vecchiarelli reported that the District's current program for providing temporary
construction meters is to require a $1,000 meter deposit (refundable upon return of
the meter) and to charge the applicant a meter rental charge of $2.50 per day and
a water-use charge of $3.58 per hundred cubic feet of water consumed. The
water-use charge is set at two times the customer-use rate, which is currently
$1.79 per hundred cubic feet. Mr. Vecchiarelli noted that the idea has been
suggested that the District consider waiving all or part of the fees for providing
temporary meters for water for demolition of homes destroyed in the wildfires.
Following discussion, the Committee suggested that the meter deposit remain, the
daily rental be waived, and the water-use rate be dropped to the regular residential
rate, which is currently $1.79 per hundred cubic feet. However, the Committee
requested that this item be brought to the Board as an Action Item for further
discussion and consideration.
2. Contract with General Pump Co. for Rehabilitation of Well No. 12.
Mr. Conklin reported that competitive bids were solicited from two firms known to
the District to professionally perform well-rehabilitation work, General Pump
Company and Layne Christensen Company. Following discussion, the Committee
recommended award to the low-bidder, General Pump Company for $71,150.
3. Change Order to Professional Services Agreement with Psomas for Additional
Design Services for Zone Reconfiguration Project.
Mr. Conklin reported that design plans and specifications for the Zone 4
Reconfiguration Project will be complete next week and the project will be
advertised for bids before the holidays. He noted that staff recently reviewed the
condition of the San Antonio Pressure Reducing Station (PRS), through which
water will flow to the new, smaller 706 Zone. It was determined by staff that the
27-year-old PRS was in need of an upgrade to current District standards for
access, ventilation, lighting and controls, among other necessary improvements.
Staff requested that Psomas, the design consultant preparing the plans for the
pipeline reconfiguration, submit a proposal to add the design to upgrade the PRS
to its service agreement. Following discussion, the Committee recommended that
Amendment No. 1 be added to the agreement with Psomas for $43,125 for the
additional design services.
4. License Agreement with Orange County Water District for Access to Warner Basin
Complex to Collect Water Quality Samples.
Mr. Conklin reported that the District is proceeding with obtaining approval from
the State Department of Public Health (DPH) for a new well to be located near to
Well No. 11, at the south end of Richfield Road. He noted that DPH is requiring a
sampling program that includes collection of water samples from OCWD's
Conrock Basin, located nearby. Following discussion with OCWD staff, OCWD
requested execution of a license agreement, documentation of insurance, and
payment of a $550 license fee to enter the site on a regular basis. Mr. Vecchiarelli
noted that District legal counsel will be asked to review the license agreement.
The Committee recommended approval of the agreement and payment of the
license fee, subject to approval of the agreement by legal counsel.
Assistant General Manager Vecchiarelli requested to add the following item to the
agenda:
4a. Progress Payment No. 7, and Change Order No. 1 for the Highland Reservoir
Replacement Project.
Following discussion, the Committee determined that there was not an urgent
need for this item to be added to the agenda. Staff was instructed to bring it to the
Board for review and possible approval at the next Board meeting.
DISCUSSION ITEMS
5. Monthly Groundwater Production and Purchased Water Report.
Mr. Vecchiarelli and Mr. DeCriscio reported on the monthly and year-to-date
groundwater production and purchased import water totals. They noted that
monthly total demand exceeded the projected estimate by 11.2%, or
approximately 200 acre-feet. This was due to the warmer than expected weather
and the high delivery of water in response to the fire storm. Mr. Vecchiarelli noted
that it is currently estimated that 46 to 50 acre-feet of water was provided through
the system to fight the fires.
6. Monthly Preventative Maintenance Program Report.
Mr. Mendum presented a status report on the monthly preventative maintenance
program. Mr. Mendum reported that most of the work was on schedule, but some
tasks, particularly the hydrant inspection and valve operation work, fell behind due
to the response to the fires. He noted that there were a few hydrants that were
damaged in the response to the fires and have since been repaired or replaced.
2
7. Monthly MWDOC Meeting Summary Report.
Staff had no report.
8. Monthly OC Groundwater Producers Meeting Summary Report.
Staff had no report.
9. Status Report on Capital Projects in Progress.
Mr. Conklin briefed the Committee on the status of projects in construction, design
and planning.
ADJOURNMENT
The Committee adjourned at 6:00 p.m. The next Planning-Engineering-Operations
Committee meeting will be held January 8, 2009 at 4:00 p.m.
3
ITEM NO. cl,3e
MINUTES OF THE
YORBA LINDA WATER DISTRICT
PUBLIC INFORMATION - TECHNOLOGY COMMITTEE MEETING
December 2, 2008
A meeting of the Yorba Linda Water District Public Information-Technology
Committee was called to order by Committee Chair Ric Collett at 4:00 p.m. The
meeting was held at the District Administration Office at 1717 E. Miraloma Avenue,
Placentia.
COMMITTEE MEMBERS PRESENT
Director Ric Collett, Chair
Director Michael J. Beverage
STAFF PRESENT
Michael A. Payne, General Manager
Kenneth R. Vecchiarelli, Asst. G.M.
Pat Grady, IT Manager
INTRODUCTION OF VISITORS AND PUBLIC COMMENTS
ACTION ITEMS
None
DISCUSSION ITEMS
2. Update on Current Public Relations Activities
Staff presented a proposal from Laer Pearce which detailed a program for
additional firestorm related communications to the public. The Committee
was not in favor of moving forward with this item.
3. Update on New Financial Utility Billing Software
Staff reported that Cogsdale spent a week at the District two weeks ago to
review and understand the District's business process. Cogsdale will be
generating a report with their recommendations and implementation of the
new financial system is scheduled for February, in time for the budget
season. The utility billing software is scheduled to follow the financial
software installation.
4. Update on Electronic Imaging and Agenda Automation Software
Staff reported that the electronic imaging system has been installed and in
operation. Staff will be hiring temporary labor to begin the scanning process
of District documents. A kickoff meeting for the agenda automation system is
scheduled for sometime in December. Staff is awaiting scheduling options
from the vendor.
ADJOURNMENT
The next meeting of the Public Information-Technology Committee is scheduled for
January 6, 2009.
ITEM NO. x,36
MINUTES OF THE
YORBA LINDA WATER DISTRICT
FINANCE-ACCOUNTING COMMITTEE
December 10, 2008
A meeting of the Yorba Linda Water District Finance-Accounting Committee was called
to order by Director John W. Summerfield at 4:10 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
Sandi Van Etten, Senior Accountant
ACTION ITEMS
None.
DISCUSSION ITEMS
1. Investment Report ending October 31, 2008.
The Investment Report for month ending October 31, 2008 was discussed and
accepted as presented.
2. Monthly Portfolio Report ending November 30, 2008. Report by Keith Khorey,
Wells Capital Management.
The Committee spoke with Keith Khorey by telephone. His response to Director
Summerfield's inquiry regarding whether our portfolio included treasuries was
negative. The portfolio is invested in sound securities.
3. Monthly Financial Statements for the Period ending September 30, 2008.
September Financial Statements were discussed and accepted as presented.
4. Wells Fargo Checking Account - Analysis Based vs. ZBA.
Wells Fargo Bank confirmed that the option we are using to compensate them for
their services is financially the most beneficial for us. Director Summerfield was
satisfied with the information and conclusion presented by Wells Fargo Bank.
5. Overview of Property Taxes.
Property tax revenue history was reviewed, along with the amount of
supplemental tax received in fiscal years 07/08 and 08/09. If the state were to
impound a portion of our tax revenue, the District's pass through rate increase
would require notification of our customers per proposition 218.
6. CalPERS Investment Return Impact on Employer Rates.
A probable increase in employer rates was discussed. Various options were
mentioned regarding how the District might handle PERS in the future.
ORIGINA
ADJOURNMENT
The Committee adjourned at 5:15 p.m. The next Finance-Accounting Committee
meeting will be held January 13, 2009 at 4:00 p.m.
ITEM NO. 4 2,~i
MINUTES OF THE
YORBA LINDA WATER DISTRICT
PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING
December 9, 2008
A meeting of the Personnel-Risk Management Committee was called to order by
Chairman Paul Armstrong at 10:05 a.m. The meeting was held at the District
Administrative Office at 1717 E. Miraloma Ave, Placentia.
COMMITTEE STAFF
Director Paul Armstrong, Chair Mike A. Payne, General Manager
Director Ric Collett Ken Vecchiarelli, Asst. General Mgr.
Gina Knight, Human Resources Mgr.
LEGAL COUNSEL
Art Kidman, Esq.
INTRODUCTION OF VISITORS AND PUBLIC COMMENTS
Eric Neff, Reporter for the Orange County Register
On a motion by Director Armstrong, seconded by Director Collett, the Committee
voted 2-0 to add Item No. 1 c to the agenda.
On a motion by Director Armstrong, seconded by Director Collett the Committee
entered into Closed Session at 10:30 a.m. All Committee members were
present. Also present were Assistant General Manager Vecchiarelli, Human
Resources Manager Knight and the District's Legal Counsel Kidman.
ADJOURN TO CLOSED SESSION
Conference with Legal Counsel - Liability Claims
Pursuant to Section 54956.95 of the California Government Code
a. Claimant: Hong Nguy
b. Claimant: Dennis Winzen
C. Claimant: Paul and Gillian Johnson
Agency Claimed Against: Yorba Linda Water District
CLOSED SESSION REPORT
The Committee reconvened in Open Session at 11:30 a.m. There were no
reportable items from the Closed Session.
0K`1`bAA_
DISCUSSION ITEMS
2. Status of Salary Survey.
Staff presented the results from a CalPACS Salary Survey. The
Committee recommended the results be presented for consideration by
the Board at the December 23, 2008 Board Meeting.
3. Status of Recruitments.
Staff gave an update on recruitments.
4. Status of Personnel on Administrative Leave.
Staff reported on personnel on administrative leave.
5. Status of Risk Management Activities.
Staff gave an update on recent risk management activity regarding the
Triangle Complex Fire Incident public relations issues.
ADJOURNMENT
The Committee adjourned at 12:00 p.m. The next Personnel-Risk Management
Committee meeting will be held January 12, 2009 at 4:00 p.m.
•t
Blake Kidd UNI- FLArNGE
District Manager f ,
THE FORD METER BOX COMPANY, INC.
P. O. Box 443, Wabash, Indiana 46992-0443
Phone: 260-563-3171 / FAX: 800-826-3487
Internet: http://www.fordmeterbox.com
I am here tonight as a representative of the Citizens of Yorba Linda. We have just
experienced the worst disaster Yorba Linda has ever faced. We acknowledge many
things were out of our control but as a community we are very upset, as you are,
about the water issue we experienced during the November 2008 Fire Storm.
You, like myself, are elected our representatives. Our mandate from the Community
we serve is to be accessible ands responsive to our community's needs. I thank you
for moving this meeting to an evening time so the residents have an opportunity to
attend. I hope this becomes a standard of operation for future meetings
I, along with our constituents, have been disappointed that this Board chose to hire
a PR firm to talk to the public during this disaster. You were elected by the
community and have an obligation to respond to them personally.
I have a number of questions that I would appreciate answers to as we go along
tonight- Can you agree to that?
1. Is the General Manager of the Water District a registered Civil Engineer?
2. Is there a registered Civil Engineer schooled and experienced in hydraulics
on the Water District staff? Who is it and what can you tell us about him.
3. What percentage of our water comes from the water district?
4. In the area of the Hidden Hills development, bonds were sold for a water
system. The citizens have paid in these bonds for years. Can you tell me what
has been done with this money over the past 15 years?
5. What is standing in the way of the reservoir being built and when can we
anticipate it being completed?
6. Hydrant testing- are there records of the hydrant maintenance schedule
including which hydrants have been tested, when and the results including
the flow and pressure measurements? Where are these records maintained?
7. There have been reports throughout the community that there have been
complaints about low water pressure throughout our community. Are there
records/ minutes regarding this issue and what decisions have been made to
either defer or correct this problem?
8. What is the minimum water pressure requirement for this community?
9. Can you confirm for me exactly what areas had reported low water pressure
and in exactly which pressure zone each problem site is located?
10. Can you tell me what the water pressure and the flow rate that is available at
the higher elevations compared to the flat lands
11. What is the reservoir and pumping station layout for getting water up to the
higher elevations?
12. How many reservoirs are there and at what elevations?
13. How many pumps are used to get water from one reservoir to another?
14. Can you explain the back up system and what happened during our fire
15. Is there a layout map of the water distribution system and can we have a
copy of this document?
16. Can you verify what the reason for the lack of water pressure at the higher
elevations. We have been told a pumping station burned, is this true? What
happened to the back up pump? How old was this back up pump? When was
the last time this back up pump was tested?
Recommendations:
1. 1 will bring this to our next Council meeting and ask that we study the issue
of merging the two agencies.
This has been explored before and was recommended by the reporting
agency.