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HomeMy WebLinkAbout2016-08-11 - Board of Directors Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, August 11, 2016, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Ric Collett, President Michael J. Beverage, Vice President Phil Hawkins Robert R. Kiley Gary T. Melton 4. ADDITIONS/DELETIONS TO THE AGENDA 5. INTRODUCTIONS AND PRESENTATIONS 5.1. MWDSC/MWDOC Director's Report 6. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to three minutes. 7. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 7.1. Minutes of the Board of Directors Regular Meeting held June 9, 2016 Recommendation. That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of$643,061.59. 7.3. Unaudited Financial Statements for the Period Ending June 30, 2016 Recommendation. That the Board of Directors receive and file the Unaudited Financial Statements for the Period Ending June 30, 2016. 7.4. Directors and General Manager Fees and Expenses Report for Fourth Quarter FY 2015/16 Recommendation. That the Board of Directors receive and file the Directors and General Manager Fees and Expenses Report for Fourth Quarter FY 2015/16. 8. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 8.1. Rules and Regulations for Water and Sewer Service Recommendation. That the Board of Directors approve Resolution Nos. 16-15 and 16-16 adopting Rules and Regulations for Water and Sewer Service, and rescinding Resolution Nos. 12-05 and 98-01. 8.2. 2016 Public Health Goals Report Recommendation.- That ecommendation.That the Board of Directors. (1) approve the 2016 Public Health Goals Report; (2) authorize staff to notice the public of its availability for review and comment; and (3) schedule a public hearing to respond or accept public comments during the regular Board meeting on September 22, 2016. 8.3. Construction Contract for the Fairmont Booster Pump Station Upgrade Project Recommendation. That the Board of Directors award the Construction Contract for the Fairmont Booster Pump Station Upgrade Project to Pacific Hydrotech Corporation for$6,911,100.00, Job No. J2010-11 B. 8.4. Extension of Professional Services Agreement for Geotechnical Services Recommendation. That the Board of Directors approve an extension to Hushmand Associates, Inc.'s Professional Services Agreement through calendar year 2016 in the amount of$64,500, for an amended total cost not-to-exceed $194,500, to provide required project geotechnical services for the 2015 Waterline Replacement and Richfield Road Water Main projects and potential on-call services. 8.5. Supplies and Materials Agreement for Uniform Services Recommendation. That the Board of Directors authorize the General Manager to execute a 3-year Supplies and Materials Agreement with Cintas for the provision of uniform services for an estimated cost of$36,724.92. 9. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District's interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 9.1. Extension of Maturity Date for Existing Line of Credit with Wells Fargo Bank 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report 10.2. Directors' Reports • OCWD H2O Learning Center Dedication -August 5, 2016 (Kiley) 10.3. General Manager's Report 10.4. General Counsel's Report 10.5. Future Agenda Items and Staff Tasks 11. COMMITTEE REPORTS 11.1. Interagency Committee with MWDOC and OCWD (Collett/Melton) • Minutes of the meeting held July 26, 2016 at 4:00 p.m. • Next meeting scheduled September 27, 2016 at 4:00 p.m. 11.2. Joint Agency Committee with City of Yorba Linda (Collett/Beverage) • Minutes of the meeting held July 27, 2016 at 9:00 a.m. • Next meeting will be held August 23, 2016 at 11:00 a.m. at YL City Hall. 11.3. Interagency Committee with City of Placentia and Golden State Water Company (Collett/Kiley) • Minutes of the meeting held August 9, 2016 at 4:00 p.m. (To be provided when available.) • Next meeting yet to be scheduled. 11.4. Citizens Advisory Committee (Melton) • Minutes of the meeting held June 27, 2016 at 8:30 a.m. • Minutes of the meeting held July 25, 2016 at 8:30 a.m. • Next meeting scheduled August 29, 2016 at 8:30 a.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. YL City Council -August 2, 2016 (Beverage) 12.2. MWDOC Board - August 3, 2016 (Melton) 12.3. OCWD Board -August 3, 2016 (Kiley) 12.4. WACO - August 5, 2016 (Kiley) 12.5. LAFCO -August 10, 2016 (Beverage -As Needed) 12.6. YL Planning Commission -August 10, 2016 (Melton) 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from August 12, 2016 - September 30, 2016 14. CONFERENCES, SEMINARS, AND SPECIAL EVENTS This section of the agenda is for the Board of Directors to authorize Director attendance at the listed events. 14.1. Gun Club Road Linear Park Ribbon Cutting Ceremony -August 13, 2016 Yorba Linda State of the City Address - October 2, 2016 CSDA Annual Conference - October 10-13, 2016 Recommendation. That the Board of Directors approve Director attendance at these events if desired. 15. 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. 15.1. Conference with Legal Counsel - Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Kent Ebinger and Yorba Linda Taxpayers Association vs. Yorba Linda Water District (OC Superior Court - Case No. 00829548) 15.2. Conference with Legal Counsel - Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Irvine Ranch Water District vs. Orange County Water District (OC Superior Court - Case No. 00858584) 15.3. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 16. ADJOURNMENT 16.1. A Special Board of Directors Meeting has been scheduled Wednesday, August 17, 2016 at 4:30 p.m. The next Regular Board of Directors Meeting will be held Thursday, August 25, 2016 at 8:30 a.m. 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 http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 7.1 AGENDA REPORT Meeting Date: August 11, 2016 Subject: Minutes of the Board of Directors Regular Meeting held June 9, 2016 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Description: Type: 2016-06-09 - Minutes - BOD.doc Minutes Minutes 2016-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, June 9, 2016, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The June 9, 2016 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Collett at 8:30 a.m. The meeting was held in the Board Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE Director Phil Hawkins led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Mike Beverage, Vice President Steve Conklin, Engineering Manager Bob Kiley John DeCriscio, Operations Manager Phil Hawkins Gina Knight, Human Resources/Risk Manager Gary Melton Delia Lugo, Finance Manager Damon Micalizzi, Public Information Manager Art Vega, Information Technology Manager Annie Alexander, Executive Secretary Cindy Botts, Mgmt Analyst/Water Conservation Supv Laurie McAllister, Records Mgmt Administrator Malissa Tem, Public Affairs Representative ALSO PRESENT Andrew Gagen, Partner, Kidman Law LLP Brett Barbre, Director, MWDSC/MWDOC Jeff Decker, Resident Susan Decker, Resident Jon Hansen, Resident Wayne Miller, Resident 4. ADDITIONS/DELETIONS TO THE AGENDA None. Minutes of the YLWD Board of Directors Regular Meeting Held June 9,2016 at 8:30 a.m. 1 5. INTRODUCTIONS AND PRESENTATIONS 5.1. MWDSC/MWDOC Director's Report Director Barbre presented the Board with a proclamation in recognition of the District's leadership in meeting the State Water Resources Control Board's (SWRCB) water conservation mandate of 36%. He then provided a report regarding the status of the Colorado River, MWDSC's allocation from the State Water Project and water storage efforts, and SWRCB's revisions to the drought emergency regulations providing for agency self- certification of water conservation percentages. Director Barbre also commented on MWDSC's water treatment surcharge and requested the District's support of a coalition letter being drafted by MWDSC in opposition to Senate Bill 554. President Collett asked when the letter needed to be submitted. Following brief discussion, it was determined that consideration of this matter would be added to the June 14, 2016 Board meeting agenda. Director Barbre then responded to questions from the Board regarding MWDSC's water storage efforts. 6. PUBLIC COMMENTS Mr. Wayne Miller, resident, offered corrections to his comments made during the previous Board meeting in relation to the situation in Flint, Michigan, and provided a brief overview of his work experience. He then commented on the District's most recent water quality report, providing customers with a rebate, and determining a "design value" and conducting a sensitivity analysis in relation to setting water rates. Mr. Jon Hansen, resident, commented on President Collett's remarks provided at the previous Board meeting in relation to the Fairmont Booster Pump Station (BPS) Upgrade Project and the proposed Esperanza Hills and Cielo Vista development projects. He also commented on statements contained in the Northeast Area Planning Study related to the proposed developments and developer financial contributions for construction of the Fairmont BPS Upgrade Project. Mr. Jeff Decker, resident, commented on a newsletter published the previous summer related to the rate increase, the District's financial statements for the month of April, and the number of signatures contained on the recall petitions submitted to the OC Registrar of Voters. He also commented on statements made by a former Director in an article published in the OC Register, his personal signature gathering efforts, the water rate increase and previous meetings he attended with District representatives. Minutes of the YLWD Board of Directors Regular Meeting Held June 9,2016 at 8:30 a.m. 2 Director Barbre asked to confirm his recollection that during his tenure on the YLWD Board, the Fairmont BPS project was intended to move groundwater to the eastern portion of the District. This was confirmed by the Board. Mrs. Susan Decker, resident, commented on Director Barbre's remarks and the Environmental Impact Report for the proposed developments. She also commented on the number of signatures on the recall petitions and cost savings associated with the recall versus the amount that had been published in an article in the OC Register. 7. CONSENT CALENDAR Director Hawkins made a motion, seconded by Director Kiley, to approve the Consent Calendar. Motion carried 5-0. 7.1. Payments of Bills, Refunds, and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of$485,986.68. 8. ACTION CALENDAR 8.1. Proposed Institution of Stage 1 Water Conservation Measures Mr. Micalizzi explained that moving to Stage 1 of the District's water conservation measures would support the Governor's Executive Order B- 37-16 and mirror Metropolitan Water District of Southern California's (MWDSC) Condition 2 - Water Supply Alert. He further explained that the Governor's new Executive Order extended SWRCB's temporary emergency water regulations through January 2017. On May 18, 2016 SWRCB adopted new regulations lifting mandatory conservation percentage targets and allowing water suppliers to "self-certify" their own percentages based on their ability to meet demands for 3 more years of drought conditions. The District was initially assigned a 36% conservation mandate which has since been lowered to 28%. During the regular meeting held May 26, 2016, the Board indicated a desire to move to Stage 1 of the District's conservation ordinance which would allow customers to water 3 days per week. Mr. Micalizzi then responded to questions from the Board regarding permanent restrictions, monthly reporting to SWRCB, and potential modifications to the District's water conservation ordinance. Mrs. Decker, resident, commented on the District's Water Conservation Representatives and customers' previous conservation efforts. She also provided suggestions for improved community relations and remarked on the removal of certain employee salaries from the District's budget. Minutes of the YLWD Board of Directors Regular Meeting Held June 9,2016 at 8:30 a.m. 3 Director Hawkins made a motion, seconded by Director Beverage, to adopt Resolution No. 16-05 Instituting Stage 1 Watering Restrictions effective June 9, 2016. Motion carried 5-0 on a roll call vote. Staff then responded to questions from the Board regarding the effective date of the action taken and how customers would be notified of the change. 8.2. Adopting a Public Funds Investment Policy Mrs. Lugo explained that the California Government Code requires the treasurer or chief financial officer of a local agency to present an investment policy to the legislative body on annual basis for consideration during a public meeting. She noted that staff was not recommending any changes from the current investment policy (Res. 15-13). Mrs. Lugo then responded to questions from the Board regarding current interest rates. Director Beverage made a motion, seconded by Director Kiley, to adopt Resolution No. 16-06 Setting Forth a Public Funds Investment Policy and Rescinding Resolution No. 15-13. Motion carried 5-0 on a roll call vote. 8.3. Memorandum of Understanding with County of Orange for Renewal of AlertOC Countywide Mass Notification System Mr. Conklin explained that AlertOC is Orange County's public mass notification system utilized to notify the public of emergency events and actions that should be taken in response to such events. AlertOC is currently being used by the County, most cities in Orange County, and many of the water and wastewater districts in the area, including YLWD. As the current Memorandum of Understanding (MOU) has expired and services are being administered by a new provider, the County is requiring all administrative users of the system to execute a new MOU. Staff and legal counsel reviewed the document and have recommended approval. Mr. Conklin then responded to questions from the Board regarding the number of times the system has been used (other than for testing) and the associated cost (for which there is none). Director Kiley made a motion, seconded by Director Hawkins, to approve and authorize the General Manager to execute the Memorandum of Understanding Between the County of Orange and Participants for the Use of Countywide Mass Notification System. Motion carried 5-0. Minutes of the YLWD Board of Directors Regular Meeting Held June 9,2016 at 8:30 a.m. 4 8.4. Proposed Amendments to California Special Districts Association (CSDA) Bylaws Mr. Marcantonio explained that the CSDA Board of Directors had approved recommended amendments to the association's bylaws and is submitting them to the voting members for consideration. Highlights of the recommended changes include: general clean-up to reflect updates and organizational changes over the last 2 years; clarifying language to the CSDA Board nomination and election process to allow for electronic voting; and clarifying language for the inclusion of electronic communication related to amendments of the CSDA Bylaws. The recommended changes will take effect on July 1, 2016 if approved by the membership and the completed ballot must be returned by June 24, 2016. The las update to CSDA's bylaws took place in May 2014 for which the Board cast a vote in favor of the recommended changes. Director Hawkins made a motion, seconded by Director Beverage, to vote in favor of the changes to CSDA's Bylaws and authorize the General Manager to complete and submit the associated ballot on behalf of the Board of Directors. Motion carried 5-0. 8.5. Reconsideration of Registration and Compensation Expenses for Director Attendance at the OC Taxpayers Association Luncheon held April 27, 2016 Mr. Marcantonio explained that the Board had previously ratified Director attendance at this event at the regular meeting held April 28, 2016. Subsequently, a member of the public requested that this matter be brought back to the board for consideration as they felt they were precluded from providing comment. Staff recommended that the Board rescind the previous action taken in relation to this matter, provide an opportunity for public comment for this item, and reconsider payment of registration and compensation expenses for Director attendance at this event. Mr. Gagen provided clarification regarding staff's recommended actions. Director Beverage made a motion, seconded by Director Kiley, to rescind the Board of Directors' previous action approving Director attendance at this event. Motion carried 5-0. Mr. Jon Hansen, resident, read a statement on behalf of Mr. Eddy Jackson who could not be in attendance. In summary, the statement claimed that the previous action taken by the Board to ratify payment of registration and compensation expenses for Director attendance at this event was in violation of the Ralph M. Brown Act as members of the public had been precluded from providing comment before and after consideration of this matter. Mr. Hansen also offered clarification on his previous comments Minutes of the YLWD Board of Directors Regular Meeting Held June 9,2016 at 8:30 a.m. 5 made related to developer contributions towards the construction of the Fairmont BPS Upgrade Project. Mrs. Susan Decker, resident, stated that she felt payment of registration and compensation expenses for Director attendance at the above listed event should not be approved as the OC Taxpayers Association was a Political Action Committee. President Collett explained that he had attended this event as the subject matter being presented was relevant to the Board at the time. Director Hawkins explained that he served on the Board of Directors of the OC Taxpayers Association and that the registration fees collected for attendance at this event were not placed in the Association's general fund (which would be illegal) and that the presentation was for informational purposes only. Director Hawkins made a motion, seconded by Director Melton, to approve payment of registration and compensation expenses for Director attendance at this event. Motion carried 4-0-1-0 with Director Collett abstaining. 9. REPORTS, INFORMATION ITEMS. AND COMMENTS 9.1. President's Report None. 9.2. Directors' Reports None. 9.3. General Manager's Report Mr. Marcantonio asked each of the managers to provide a report regarding activities within their respective departments. Mr. Conklin provided an overview of the status of the Sewer Relining Project, the Pipeline Replacement Project, and the Well 21 and Richfield Road Pipeline Projects. He noted that construction of the Fairmont BPS Upgrade Project was out to bid with a due date of August 3, 2016. Mr. Conklin then reported on topics discussed during the most recent OC Groundwater Producers meeting and potential litigation involving IRWD and OCWD. Mr. DeCriscio reported that the District had received a grant for a 500 gallon portable diesel tank which should be delivered in August. Minutes of the YLWD Board of Directors Regular Meeting Held June 9,2016 at 8:30 a.m. 6 Mrs. Lugo reported that the interim field audit with the District's auditors had been completed and that staff was busy preparing for the Board's next budget workshop. Mr. Art Vega reported that a new server had been built for the purpose of performing video inspections of the District's sewer lines and that staff had obtained quotes for a dehumidifier for the data center. Mr. Micalizzi reported on recent legislative activity and the District's conservation percentage achieved during the month of May. Mrs. Knight reported that Mr. Bryan Melton, Human Resources Analyst, had recently been passed an exam for certification as a Senior Certified Professional by the International Public Management Association for Human Resources. She also commented on the status of current recruitments and scheduled hearing and respiratory testing as required by OSHA for certain employees. 9.4. General Counsel's Report None. 9.5. Future Agenda Items and Staff Tasks Director Beverage requested that a workshop meeting be scheduled to discuss potential revisions to the District's water conservation ordinance. 10. COMMITTEE REPORTS 10.1. Interagency Committee with MWDOC and OCWD (Collett / Melton) ■ Minutes of the meeting held May 24, 2016 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled July 26, 2016 at 4:00 p.m. Director Hawkins left the meeting at this time. 10.2. Joint Agency Committee with City of Yorba Linda (Collett / Beverage) ■ Minutes of the meeting held May 31, 2016 at 9:00 a.m. will be provided when available. President Collett provided a brief report regarding matters discussed during the meeting. ■ Next meeting is scheduled June 28, 2016 at 9:00 a.m. at YL City Hall. Minutes of the YLWD Board of Directors Regular Meeting Held June 9,2016 at 8:30 a.m. 7 10.3. Interagency Committee with City of Placentia and Golden State Water Co. (Collett / Kiley) ■ Minutes of the meeting held May 9, 2016 at 3:00 p.m. will be provided when available. ■ Next meeting is yet to be scheduled. 10.4. Citizens Advisory Committee (Melton) ■ Minutes of the meeting held May 23, 2016 at 8:30 a.m. were provided in the agenda packet. ■ Next meeting is scheduled June 27, 2016 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS The Directors and staff reported on their attendance at the following meetings. 11.1. MWDOC Board — June 1, 2016 (Melton) 11.2. OCSD Operations Committee — June 1, 2016 (Kiley/Beverage) 11.3. OCWD Board — June 1, 2016 (Collett) 11.4. WACO — June 3, 2015 (Hawkins/Kiley) 11.5. YL City Council — June 7, 2016 (Beverage) 11.6. LAFCO — June 8, 2016 (Beverage —As Needed) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from June 10, 2016 — July 31, 2016 The Board reviewed the activity calendar and made no changes. 13. CLOSED SESSION The meeting was adjourned to Closed Session at 9:42 a.m. All Directors with the exception of Director Hawkins were present. Also present were Messrs. Gagen, Marcantonio, and Micalizzi and Mrs. Knight. 15.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Minutes of the YLWD Board of Directors Regular Meeting Held June 9,2016 at 8:30 a.m. 8 Name of Case: Kent Ebinger and Yorba Linda Taxpayers Association vs. Yorba Linda Water District (OC Superior Court — Case No. 00829548) The Board reconvened in Open Session at 10:25 a.m. No action was taken during Closed Session that was required to be reported under the Brown Act. 14. ADJOURNMENT 14.1. The meeting was adjourned at 10:51 a.m. A Board of Directors Workshop Meeting has been scheduled on Tuesday, June 14, 2016 at 3:00 p.m. The next Regular Board of Directors Meeting will be held Thursday, June 23, 2016 at 8:30 a.m. Annie Alexander Assistant Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held June 9,2016 at 8:30 a.m. 9 ITEM NO. 7.2 AGENDA REPORT Meeting Date: August 11, 2016 Budgeted: Yes To: Board of Directors Cost Estimate: $643,061.59 Funding Source: All Funds From: Marc Marcantonio, General Manager Presented By: Delia Lugo, Finance Manager Dept: Finance Reviewed by Legal: N/A Prepared By: Richard Cabadas, Accounting CEQA Compliance: N/A Assistant I Subject: Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $643,061.59. DISCUSSION: The major items on this disbursement list are as follows: A wire of$28,616.93 to So. California Gas Co. for June 2016 gas charges at multiple locations; a wire of $53,154.58 to So. California Edison for June 2016 electricity charges at multiple locations; a check of$41,423.62 to CalCard US Bank for credit card transactions processed July 2016; and a check of $77,999.40 to Orange County — Tax Collector for recall petition signature verification. The balance of $139,290.05 is routine invoices. The Accounts Payable check register total is $340,484.58; Payroll No. 15 total is $302,577.01; and the disbursements of this agenda report are $643,061.59. A summary of the checks is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Name. Description: Type: 16-CS 0811.pdf CAP SHEET Backup Material CkRea081116.odf CHECK REGISTER Backup Material 16 CC 0811.Ddf CREDIT CARD SUMMARY Backup Material August 11, 2016 CHECK NUMBERS & WIRES: Computer Checks 68078-68155 $ 258,713.07 $ 258,713.07 WIRES: W072116 Southern Calif Gas Co. $ 28,616.93 W072116A So. California Edison $ 53,154.58 $ 81,771.51 TOTAL OF CHECKS & WIRES $340,484.58 PAYROLL NO. 15: Direct Deposits $ 167,089.32 Third Party Checks 6460-6472 $ 88,098.84 Payroll Taxes $ 47,388.85 $ 302,577.01 TOTAL OF PAYROLLS $302,577.01 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $643,061.59 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF August 11, 2016 ------------------------------------------------------------------ ------------------------------------------------------------------ Yorba Linda Water District Check Register For Checks Dated: 07/29/2016 thru 08/11/2016 Check No. Date Vendor Name Amount Description 68087 08/11/2016 AL RAYES 383.00 CUSTOMER REFUND 68098 08/11/2016 Anaheim Wheel&Tire 203.75 TIRE REPLACEMENT-UNIT 198&204 68085 08/11/2016 ANDREY ODINTSON 649.30 CUSTOMER REFUND 68099 08/11/2016 Annie Alexander 2,705.96 EDUCATION TUITION REIMBURSEMENT 68100 08/11/2016 Anthony Varian 25.00 REIMBURSEMENT-TRAVEL EXPENSE-ACE 2016 68101 08/11/2016 Aqua-Metric Sales Co. 23,207.93 WAREHOUSE STOCK 68102 08/11/2016 Aramark 618.90 UNIFORM SERVICE 68104 08/11/2016 AT&T 47.69 CIRCUIT#78KS315PT 68103 08/11/2016 AT&T-Calnet3 3,362.04 ATT CALNET3 68078 08/11/2016 BYRON HOPP 80.65 CUSTOMER REFUND 68105 08/11/2016 CalCard US Bank 41,423.62 CREDIT CARD TRANSACTIONS-JULY 2016 68106 08/11/2016 City Of Anaheim 36,505.75 LAKEVIEW&RICHFIELD-ELECTRICITY CHARGES-06/14/16-07/13/16 68107 08/11/2016 City Of Placentia 85.00 FEE-FALSE ALARM-#161780029 68096 08/11/2016 CITY VENTURES COMMUNITIES,LLC 312.25 CUSTOMER REFUND 68108 08/11/2016 Coastline Equipment 846.42 AUTO MAINTENANCE-UNIT#139 68110 08/11/2016 Dartco Transmission Sales 936.93 VEHICLE MAINTENANCE-UNIT 168 68082 08/11/2016 DAVE GIEBELHAUS 259.18 CUSTOMER REFUND 68111 08/11/2016 Dell Marketing L.P. 5,122.25 DATA PROTECTION-RAPID RECOVERY 68112 08/11/2016 Dion&Sons,Inc. 4,463.27 MYSELLA OIL-ALL GAS ENGINES 68090 08/11/2016 DONG Yl NG LI 281.57 CUSTOMER REFUND 68113 08/11/2016 Eisel Enterprises,Inc. 6,158.16 VALVE BOX,IRON COVER&CONCRETE COVERS 68114 08/11/2016 Energy Environmental Soln,Inc 2,400.00 ICE TESTING(YLWD-WELL#18) 68115 08/11/2016 eSecurity Solutions,LLC 2,265.00 WATCHGUARD LIVESECURITY RENEWAL&XTM 810 RENEWAL 68092 08/11/2016 ESTHER SHIN 164.74 CUSTOMER REFUND 68116 08/11/2016 Fairway Ford Sales,Inc. 360.48 VEHICLE MAINTENANCE-UNIT#176 68117 08/11/2016 Fleet Services,Inc 3,136.41 AUTO MAINTENANCE-UNIT#168 68094 08/11/2016 GUANG HUA ZHU 88.93 CUSTOMER REFUND 68118 08/11/2016 Hushmand Associates Inc 10,735.00 J14-12-2015 WATER PIPELINE REPLACEMENT 68119 08/11/2016 Infosend Inc. 5,159.45 POSTAGE BILLING-MONTHLY FEE 68120 08/11/2016 Inland Kenworth USA Inc 460.53 A/C CONDENSER-UNIT 210 68121 08/11/2016 Jackson's Auto Supply-Napa 242.41 AUTO MAINTENANCE-UNIT#147&204 68122 08/11/2016 Jimni Systems Inc 255.00 ONSITE SERVICE-REMOVED JUMPERS FOR PROPER SYSTEM FUNCTION 68109 08/11/2016 JON POLENTZ PROPERTY MANAGEMENT 422.76 CUSTOMER REFUND 68123 08/11/2016 Jorge Lopez 50.00 REIMBURSEMENT-TRAVEL EXPENSE-ACE 2016 68095 08/11/2016 KENNETH CHAO 85.67 CUSTOMER REFUND 68080 08/11/2016 KEVIN FRAZIER 136.06 CUSTOMER REFUND 68124 08/11/2016 Konica Minolta Business 271.77 BIZHUB C224-LEASE 68125 08/11/2016 Managed Health Network 173.25 EAP-AUGUST 2016 68126 08/11/2016 Marc Marcantonio 66.04 MILEAGE REIMBURSEMENT-JULY 2016 68079 08/11/2016 MARY E JAMES 34.39 CUSTOMER REFUND 68127 08/11/2016 Maureen Kane&Associates,Inc. 1,600.00 REGISTRATION FOR TTC TRAINING-ALEXANDER,A 68128 08/11/2016 Mc Fadden-Dale Hardware 118.26 HARDWARE SUPPLIES 68129 08/11/2016 Michael J.Beverage 24.30 MILEAGE REIMBURSEMENT-JULY 2016 68130 08/11/2016 Morton Salt,Inc. 2,598.36 COARSE SALT 68131 08/11/2016 Muzak LLC 85.63 CUSTOMER MESSAGE/PHONE SERVICE-AUGUST 2016 68086 08/11/2016 NEASE PROPERTY MGMT 57.83 CUSTOMER REFUND 68132 08/11/2016 NEOGOV,Inc. 3,000.00 INSIGHT ENTERPRISE SOFT LIC 68133 08/11/2016 Nickey Kard Lock Inc 3,583.37 FUEL-7/1/16-7/15/16 68084 08/11/2016 NICOLE MILKIE 101.62 CUSTOMER REFUND 68081 08/11/2016 NICOLE MURAOKA 98.81 CUSTOMER REFUND 68134 08/11/2016 Orange County-Tax Collector 77,999.40 J15-POST218-RECALL PETITION-SIGNATURE VERIFICATION 68140 08/11/2016 P.T.I.Sand&Gravel,Inc. 344.04 MATERIAL-+30 FILL SAND 68091 08/11/2016 P.W.B.INVESTMENTS INC. 335.06 CUSTOMER REFUND 68135 08/11/2016 Parts Source Anaheim 16.75 REPLACEMENT PART-LAKEVIEW 68136 08/11/2016 Pete's Road Service Inc 163.05 TIRE REPAIR-UNIT 196 68137 08/11/2016 Phil Hawkins 26.46 MILEAGE REIMBURSEMENT-JULY 2016 68093 08/11/2016 PIN LU 8.11 CUSTOMER REFUND 68138 08/11/2016 Powerstride Battery 94.73 BATTERIES(2) 68139 08/11/2016 Praxair Distribution 153.45 WELDING SUPPLIES 68141 08/11/2016 Quinn Company 55.69 MAINTENANCE PARTS 68142 08/11/2016 R.E.Michel Company,LLC 649.49 TOOLS&EQUIPMENT 68143 08/11/2016 Rescue 411 2,400.00 REFRESHER COURSE-FIRST AID WITH CPR&AED 68144 08/11/2016 Robert Kiley 73.60 MILEAGE&DATA REIMBURSEMENT-JULY 2016 68145 08/11/2016 Safety-Kleen Systems Inc 217.50 HAZARDOUS WASTE DISPOSAL W072116A 07/20/2016 So Cal Edison 53,154.58 ELECTRICITY CHARGES FOR JUNE 2016-MULTIPLE LOCATIONS W072116 07/20/2016 So Cal Gas Co. 28,616.93 GAS CHARGES FOR JUNE 2016-MULTIPLE LOCATIONS 68088 08/11/2016 SONIA BOECK 225.00 CUSTOMER REFUND 68146 08/11/2016 Stater Bros.Markets 73.25 SUPPLIES-CUSTOMER SERVICE TRAINING 68147 08/11/2016 Step Saver Inc 422.12 COARSE SALT 68148 08/11/2016 Sunrise Medical Group 140.00 HEALTH&WELFARE-HEP B SHOTS-BALTIERRA&CUELLAR 68149 08/11/2016 Superior Fluid Solutions 98.05 HARDWARE SUPPLIES 68083 08/11/2016 SUZY SHIH 102.64 CUSTOMER REFUND 68150 08/11/2016 Switch Ltd 542.09 HALF CABINET WITH THERMAL SCIF 68151 08/11/2016 Time Warner Cable 3,927.28 COMMUNICATION&INTERNET SERVICES 68152 08/11/2016 Toxguard Fluid Technologies 391.97 HAZARDOUS WASTE DISPOSAL 68153 08/11/2016 United Industries 588.37 PPE EQUIPMENT&DISTRICT SUPPLIES 68154 08/11/2016 UNUM Life Insurance Co.of America 3,773.33 LIFE,AD&D,STD&LTD-JULY&AUGUST 2016 68097 08/11/2016 WESTERN PACIFIC HOUSING INC. 222.26 CUSTOMER REFUND 68089 08/11/2016 YUSHAN HANG 144.69 CUSTOMER REFUND 68155 08/11/2016 Zane Woller 70.00 CERTIFICATE REIMBURSEMENT-D1 340,484.58 Cal Card Credit Card U S Bank 7/01/16-7/28/16 Date Vendor Name Amount Description 7/1/2016 Main Electric Supply 1,095.00 Meter for admin solar panels 7/6/2016 Kohler 457.45 Maintenance supplies 7/12/2016 Kirst Pump 812.10 Pump for Richfield CL2 building 7/12/2016 OfficeReplacementParts.com 109.98 Repair parts-equipment 7/13/2016 Dan Copp Crushing 150.00 Dump fee-road material 7/13/2016 Togo's 19.90 Lunch meeting-Marcantonio&Conklin 7/14/2016 National Notary Assn 92.00 NNA membership&notary insurance 7/14/2016 Urban Water Institute 475.00 UWI Conference registration-Kiley,R 7/18/2016 Harbor Freight Tools 48.60 Tools&equipment 7/18/2016 The Enchanted Florist 86.40 Sympathy arrangement-Decriscio,J 7/19/2016 Eventbrite 450.00 2016 Summer Collection Seminar-(7 attendees) 7/19/2016 Orvac 20.93 Fan replacement-PLC cabinet 7/19/2016 VMWorld 1,695.00 VMWorld Conference registration-Walkemeyer,R 7/20/2016 Home Depot 17.16 Supplies for concrete repair 7/20/2016 YLS Bakery&Cafe 27.61 Lunch meeting-Web design-Tem,Ereren&graphic designer 7/20/2016 Answer One Communication 623.50 After hours answer service 7/20/2016 Placentia Disposal 506.08 (2)front loads-Richfield Rd. 7/20/2016 Online Information Services 1,028.22 Collections fees&utility exchange reports 7/21/2016 Bad 91.79 Lunch meeting-Operating plan options-Decriscio,Botts&Lugo 7/21/2016 USA Blue Book 339.44 Wika pressure transmitter 7/21/2016 Thermal Edge 239.70 AC replacement parts-Hidden Hills SCADA system 7/21/2016 Fry's 75.59 Hardware supplies-Sewer truck 7/21/2016 United Water Works 14,977.45 May/June invoices-warehouse stock 7/25/2016 Makita USA 201.58 Repair parts-weed trimmer 7/25/2016 Corner Bakery 11.75 Lunch meeting -RWD/OCWD litigation 7/26/2016 Harrington Industrial 1,582.38 Pump&replacement parts 7/26/2016 United Water Works 14,895.20 June invoices-warehouse stock 7/27/2016 Blue Agave 53.98 Retiree lunch-Kielty,C(3 attendees) 7/27/2016 Full Source 41.29 Uniform pants for Diaz,J. 7/27/2016 Home Depot 148.39 Maintenance supplies 7/27/2016 Konica Minolta 1,030.71 Copy charges for Bizhub 181,224&C552 7/28/2016 Village Nursery 19.44 SOD for landscape repairs 41,423.62 ITEM NO. 7.3 AGENDA REPORT Meeting Date: August 11, 2016 Subject: Unaudited Financial Statements for the Period Ending June 30, 2016 SUMMARY: Presented are the Unaudited Financial Statements for the Period Ending June 30, 2016 for the District. STAFF RECOMMENDATION: That the Board of Directors receive and file the Unaudited Financial Statements for the Period Ending June 30, 2016. DISCUSSION: For the period ending June 30, 2016, staff is presenting unaudited statements in the CAFR format which are subject to change with the final audit results. We have included the traditional budget to actual statements for the District as a whole, as well as the individual water and sewer funds, and the debt service coverage calculation. Year to date Total Water Operating Revenue, as presented, is 101.32% of annual budget, which is 1.32% higher than budget. Due to elimination of the District's Water Conservation Ordinance. Water Other Operating Revenue, which includes administrative penalty assessments, is 73.00% of annual budget. Year to date Total Sewer Operating Revenue, as presented, is 105.65% of annual budget. As reported through June 30, 2016, Variable Water Costs are 86.65% of annual budget, which is 13.35% lower than budget. This is predominantly a result of the conservation efforts of the community, where the water production staff was able to increase the Districts ground water supply portfolio to levels never achieved in the history of the District. This has realized a significant cost saving to the Districts overall variable water costs. With the issuance of the 2008 Certificates of Participation (COP's) and the Refunding Revenue Bonds, Series 2012A the District covenanted "...to fix, prescribe and collect rates and charges for Water Service which will be at least sufficient to yield during each Fiscal Year, Net Revenues equal to 110% of the Debit Service for such Fiscal Year." To confirm the covenant is upheld, a calculation is made quarterly, received and filed by the Board of Directors. Accordingly, the unaudited debt service ratio through June 2016 is shown in the calculation as 393%. All water revenue is part of this percentage calculation including administrative penalties. This shows strong financial health for the District as it pertains to the debt service ratio based on Unaudited Financial Statements which may change with the final field audit results. ATTACHMENTS: Name: Description: Type: FY 2016 4th Qtr Consolidated Balance Sheet.xlsx FY 2016 4th Qtr Consolidated Balance Sheet Backup Material 4th Qtr 2016 Debt Svc Calc.xlsx FY 2016 4th Qtr Debt Service Calculation Backup Material 4th QTR 2016 Consolidated Statement.xlsx 4th Qtr 2016 Consolidated Statement Backup Material 4th QTR 2016 Water Statement.xlsx 4th Qtr 2016 Water Statement Backup Material 4th QTR 2016 Sewer Statement.xlsx 4th Qtr 2016 Sewer Statement Backup Material YORBA LINDA WATER DISTRICT UNAUDITED COMBINING SCHEDULE OF NET ASSETS June 30, 2016 (With June 30, 2015 for comparison only) ASSETS June 2016 June 2015 CURRENT ASSETS: Cash and cash equivalents $ 32,466,026 $ 24,082,628 Investment 9,408,875 9,405,650 Accounts receivable-water and sewer services 4,216,748 3,102,683 Accounts receivable-property taxes 13,629 - Accrued interest receivable 46,424 18,188 Prepaid expenses &other deposits 287,885 262,156 Inventory 234,899 270,984 TOTAL CURRENT ASSETS 46,674,486 37,142,289 NONCURRENT ASSETS: Bond issuance costs 425,220 450,051 Other post-employment benefit(OPEB)asset 276,289 140,349 Deferred Pension Plans 587,176 - Notes Receivable 154,107 - Capital assets: Non-depreciable 5,005,144 4,253,006 Depreciable, net of accumulated depreciation 184,946,335 189,808,328 TOTAL NONCURRENT ASSETS 191,394,271 194,651,734 TOTAL ASSETS 238,068,757 231,794,023 LIABILITIES CURRENT LIABILITIES: Accounts payable 4,239,606 3,711,069 Accrued expenses 3,829 35,592 Accrued interest payable 414,265 424,015 Certificates of Participation -current portion 795,000 765,000 Accrued OPEB 712 9,124 Refunding Revenue Bond -current portion 285,000 280,000 Compensated absences 346,162 281,896 Customer and construction deposits 517,358 501,957 Deferred revenue 324,312 401,677 TOTAL CURRENT LIABILITIES 6,926,244 6,410,330 LONG-TERM LIABILITIES (LESS CURRENT PORTION): Deferred annexation revenue 14,598,067 13,642,769 Compensated absences 1,096,182 892,672 Net Pension Liability 5,092,626 - Deferred Pension Plan 1,810,965 - Refunding Revenue Bond 8,044,916 8,377,621 LOC 6,883,720 5,994,099 Certificate of Participation 29,642,438 30,463,854 TOTAL LONG TERM LIABILITIES (LESS CURRENT PORTION) 67,168,914 59,371,015 TOTAL LIABILITIES 74,095,158 65,781,345 NET ASSETS: $ 163,973,599 $ 166,012,678 YORBA LINDA WATER DISTRICT UNAUDITED COMBINING SCHEDULE OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS For the period ended June 30, 2016 (With fiscal year ended June 2015 for comparison only) June 2016 June 2015 OPERATING REVENUES: Water sales $ 27,820,638 $ 26,446,619 Sewer revenues 1,849,114 1,773,712 Other operating revenues 2,677,704 1,225,718 TOTAL OPERATING REVENUES 32,347,456 29,446,049 OPERATING EXPENSES Variable water costs 10,467,374 12,733,762 Personnel services 8,505,193 7,950,782 Supplies and services 4,353,987 3,798,255 Depreciation and amortization 7,546,406 7,430,398 TOTAL OPERATING EXPENSES 30,872,961 31,913,197 OPERATING INCOME/(LOSS) 1,474,495 (2,467,149) NONOPERATING REVENUES (EXPENSES): Property taxes 1,615,453 1,479,607 Investment income 288,817 187,316 Interest expense (1,671,539) (1,716,085) Other nonoperating revenues 845,299 707,265 Other nonoperating expenses 9,966 (117,955) TOTAL NONOPERATING REVENUES/EXPENSES 1,087,996 540,148 NET INCOME/(LOSS) BEFORE CAPITAL CONTRIBUTIONS & EXTRAORDINARY ITEM(S) 2,562,492 (1,927,001) EXTRAORDINARY ITEM(S) - CAPITAL CONTRIBUTIONS 788,445 162,809 CHANGES IN NET ASSETS 3,350,937 (1,764,192) NET ASSETS-BEGINNING OF YEAR 160,622,663 167,776,869 NET ASSETS-FOR PERIOD END JUNE 30, 2016 $ 163,973,599 $ 166,012,678 Yorba Linda Water District Unaudited Debt Service Ratio Calculation For Period Ending June 30, 2016 YTD Debt Actual Service FY 2016 Calculation Revenue (Operating): Water Sales $27,820,638 $ 27,820,638 Other Operating Revenue 2,596,206 2,596,206 Total Operating Revenue: 30,416,844 30,416,844 Revenue (Non-Operating): Interest 265,006 265,006 Property Tax 1,615,454 1,615,454 Other Non-Operating Revenue 752,776 390,503 Total Non-Operating Revenue: 2,633,236 2,270,963 Total Revenue 33,060,080 32,687,807 Expenses (Operating): Variable Water Costs (G.W., Import& Power) 10,467,374 10,467,374 Salary Related Expenses 7,617,747 7,617,747 Supplies & Services 3,892,890 3,892,890 Depreciation 6,181,174 - Total Operating Expenses 28,159,185 21,978,011 Expenses (Non-Operating): Interest on Long Term Debt 1,671,539 - Other Expense 970 970 Total Non-Operating Expenses: 1,672,509 970 Total Expenses 29,831,694 21,978,981 Net Income (Loss) Before Capital Contributions 3,218,386 10,708,826 Capital Contributions 347,795 - Net Change in Assets $ 3,666,181 $ 10,708,826 DEBT SERVICE RATIO CALCULATION: Net Revenues $ 10,708,826 Debt Service $ 2,721,559 % 393% Yorba Linda Water District Summary Financial Report Water&Sewer Funds For Period Ending June 30,2016 Annual YTD YTD YTD YTD Budget Budget Actual Under(Over) %of FY 2016 FY 2016 FY 2016 Budget Budget Revenue(Operating): Water Revenue(Residential) $11,472,028 $11,472,028 $12,522,617 (1,050,589) 109.16% Water Revenue(Commercial&Fire Det.) 1,385,979 1,385,979 1,711,104 (325,125) 123.46% Water Revenue(Landscape/Irrigation) 2,782,183 2,782,183 2,700,775 81,408 97.07% Water Revenue(Service Charge) 10,824,413 10,824,413 10,886,142 (61,729) 100.57% Sewer Charge Revenue 1,584,348 1,584,348 1,669,370 (85,022) 105.37% Locke Ranch Assessments 201,500 201,500 179,744 21,756 89.20% Other Operating Revenue 3,592,969 3,592,969 2,677,704 915,265 74.53% Total Operating Revenue: 31,843,420 31,843,420 32,347,456 (504,036) 101.58% Revenue(Non-Operating): Interest 93,000 93,000 288,817 (195,817) 310.56% Property Tax 1,395,000 1,395,000 1,615,453 (220,453) 115.80% Other Non-Operating Revenue 607,155 607,155 845,299 (238,144) 139.22% Total Non-Operating Revenue: 2,095,155 2,095,155 2,749,570 (654,415) 131.23% Total Revenue 33,938,575 33,938,575 35,097,026 (1,158,451) 103.41% Expenses(Operating): Variable Water Costs(G.W., Import&Power) 12,080,410 12,080,410 10,467,374 1,613,036 86.65% Salary Related Expenses 8,964,218 8,964,218 8,505,193 459,025 94.88% Supplies&Services 7,594,663 7,594,663 4,353,987 3,240,677 57.33% Total Operating Expenses 28,639,291 28,639,291 23,326,554 5,312,737 81.45% Expenses(Non-Operating): Interest on Long Term Debt 1,655,685 1,655,685 1,671,539 (15,854) 100.96% Other Expense 22,000 22,000 (9,966) 31,966 -45.30% Total Non-Operating Expenses: 1,677,685 1,677,685 1,661,573 16,112 99.04% Total Expenses 30,316,976 30,316,976 24,988,127 5,328,849 82.42% Net Income(Loss) Before Capital Contributions 3,621,599 3,621,599 10,108,899 (6,487,300) 279.13% Capital Contributions - - 788,445 788,445 0.00% Net Income(Loss) Before Depreciation 3,621,599 3,621,599 10,897,344 (5,698,855) 300.90% Depreciation&Amortization 7,350,000 7,350,000 7,546,406 (196,406) 102.67% Total Net Income(Loss) ($3,728,401) ($3,728,401) $3,350,938 ($7,079,339) -89.88% (218,672) Yorba Linda Water District Water Fund For Period Ending June 30,2016 Annual YTD YTD YTD YTD Budget Budget Actual Under(Over) %of Annual FY 2016 FY 2016 FY 2016 FY Budget Budget Revenue(Operating): Water Revenue(Residential) $11,472,028 $11,472,028 $12,522,617 (1,050,589) 109.16% Water Revenue(Commercial &Fire Det.) 1,385,979 1,385,979 1,711,104 (325,125) 123.46% Water Revenue(Landscape/Irrigation) 2,782,183 2,782,183 2,700,775 81,408 97.07% Water Revenue(Service Charge) 10,824,413 10,824,413 10,886,142 (61,729) 100.57% Other Operating Revenue 3,556,678 3,556,678 2,596,206 960,473 73.00% Total Operating Revenue: 30,021,281 30,021,281 30,416,844 (395,563) 101.32% Revenue(Non-Operating): Interest 85,000 85,000 265,006 (180,006) 311.77% Property Tax 1,395,000 1,395,000 1,615,454 (220,454) 115.80% Other Non-Operating Revenue 595,230 595,230 752,776 (157,546) 126.47% Total Non-Operating Revenue: 2,075,230 2,075,230 2,633,236 (558,006) 126.89% Total Revenue 32,096,511 32,096,511 33,050,080 (953,569) 102.97% Expenses(Operating): Variable Water Costs(G.W., Import&Power) 12,080,410 12,080,410 10,467,374 1,613,036 86.65% Salary Related Expenses 8,118,352 8,118,352 7,617,747 500,605 96.25% Supplies&Services: Communications 280,232 280,232 208,295 71,938 74.33% Contractual Services 545,124 545,124 494,685 50,439 90.75% Data Processing 279,461 279,461 210,246 69,215 75.23% Dues&Memberships 106,773 106,773 73,585 33,188 68.92% Fees&Permits 2,718,822 2,718,822 211,384 2,507,438 7.77% Insurance 253,596 253,596 238,391 15,205 94.00% Materials 690,479 690,479 774,083 (83,604) 112.11% District Activities, Emp Recognition 27,072 27,072 7,888 19,184 29.14% Maintenance 445,647 445,647 338,712 106,935 76.00% Non-Capital Equipment 148,338 148,338 146,659 1,679 98.87% Office Expense 39,851 39,851 38,385 1,466 96.32% Professional Services 494,350 494,350 627,452 (133,102) 126.92% Training 67,718 67,718 23,863 43,855 35.24% Travel&Conferences 88,406 88,406 45,877 42,529 51.89% Uncollectible Accounts 37,200 37,200 61,639 (24,439) 165.69% Utilities 83,700 83,700 79,116 4,584 94.52% Vehicle Equipment 300,328 300,328 312,630 (12,302) 104.10% Supplies&Services Sub-Total 6,607,097 6,607,097 3,892,890 2,714,207 58.92% Total Operating Expenses 26,805,859 26,805,859 21,978,011 4,827,848 81.99% Expenses(Non-Operating): Interest on Long Term Debt 1,655,685 1,655,685 1,671,539 (15,854) 100.96% Other Expense 22,000 22,000 970 21,030 4.41% Total Non-Operating Expenses: 1,677,685 1,677,685 1,672,509 5,176 99.69% Total Expenses 28,483,544 28,483,544 23,650,520 4,833,024 83.03% Net Income(Loss)Before Capital Contributions 3,612,967 3,612,967 9,399,560 (5,786,593) 260.16% Capital Contributions - - 347,795 347,795 0.00% Net Income(Loss)Before Depreciation 3,612,967 3,612,967 9,747,355 (5,438,798) 269.79% Depreciation&Amortization 6,003,400 6,003,400 6,181,174 (177,774) 102.96% Total Net Income(Loss) ($2,390,433) ($2,390,433) $3,566,181 ($5,956,614) -149.19% Capital-Direct Labor (195,783) Yorba Linda Water District Sewer Fund For Period Ending June 30,2016 Annual YTD YTD YTD YTD Budget Budget Actual Under(Over) %of Annual FY 2016 FY 2016 FY 2016 Budget Budget Revenue(Operating): Sewer Charge Revenue $1,584,348 $1,584,348 $1,669,370 (85,022) 105.37% Locke Ranch Assessments 201,500 201,500 179,744 21,756 89.20% Other Operating Revenue 36,291 36,291 81,498 (45,207) 224.57% Total Operating Revenue: 1,822,139 1,822,139 1,930,612 (108,473) 105.95% Revenue(Non-Operating): Interest 8,000 8,000 23,811 (15,811) 297.64% Other Non-Operating Revenue 11,925 11,925 92,522 (80,597) 775.87% Total Non-Operating Revenue: 19,925 19,925 116,333 (96,408) 583.85% Total Revenue 1,842,064 1,842,064 2,046,945 (204,881) 111.12% Expenses(Operating): Salary Related Expenses 845,865 845,865 887,447 (41,582) 107.62% Supplies&Services: Communications 21,293 21,293 13,533 7,761 63.55% Contractual Services 41,031 41,031 35,818 5,214 87.29% Data Processing 16,368 16,368 15,057 1,311 91.99% Dues&Memberships 8,337 8,337 5,716 2,621 68.56% Fees&Permits 207,843 207,843 10,491 197,352 5.05% Insurance 20,744 20,744 17,945 2,799 86.51% Materials 105,472 105,472 33,563 71,909 31.82% District Activities, Emp Recognition 2,038 2,038 591 1,447 29.00% Maintenance 332,244 332,244 188,884 143,360 56.85% Non-Capital Equipment 29,413 29,413 40,761 (11,348) 138.58% Office Expense 3,000 3,000 2,556 444 85.20% Professional Services 100,360 100,360 22,557 77,803 22.48% Training 7,297 7,297 3,898 3,399 53.42% Travel&Conferences 10,074 10,074 2,982 7,091 29.61% Uncollectible Accounts 2,800 2,800 7,018 (4,218) 250.66% Utilities 7,150 7,150 5,309 1,841 74.26% Vehicle Equipment 72,105 72,105 54,419 17,686 75.47% Supplies&Services Sub-Total 987,567 987,567 461,098 526,469 46.69% Total Operating Expenses 1,833,432 1,833,432 1,348,545 484,886 73.55% Expenses(Non-Operating): Interest Expense - - - - 0.00% Other Expense (10,936) 10,936 0.00% Total Non-Operating Expenses: (10,936) 10,936 0.00% Total Expenses 1,833,432 1,833,432 1,337,609 495,822 72.96% Net Income(Loss) Before Capital Contributions 8,633 8,633 709,336 (700,703) 8217.04% Capital Contributions - - 440,650 440,650 0.00% Net Income(Loss) Before Depreciation 8,633 8,633 1,149,986 (260,053) 13321.58% Depreciation&Amortization 1,346,600 1,346,600 1,365,232 (18,632) 101.38% Total Net Income(Loss) ($1,337,968) ($1,337,968) ($215,247) ($1,122,721) 16.09% Capital-Direct Labor (22,889) ITEM NO. 7.4 AGENDA REPORT Meeting Date: August 11, 2016 To: Board of Directors From: Marc Marcantonio, General Manager Presented By: Delia Lugo, Finance Manager Dept: Finance Prepared By: Richard Cabadas, Accounting Assistant I Subject: Directors and General Manager Fees and Expenses Report for Fourth Quarter FY 2015/16 SUMMARY: Presented are the Directors and General Manager Fees and Expenses Report for the fourth quarter of FY 2015/16. STAFF RECOMMENDATION: That the Board of Directors receive and file the Directors and General Manager Fees and Expenses Report for Fourth Quarter FY 2015/16. ATTACHMENTS: Name Description: Type: Travel Expense Report.xlsx Travel and Expense Detail-4th Qtr FY 2015-16 Backup Material BOD GM Qtr Summarv.xlsx BOD GM QTR Summary Backup Material BOD GM YTD FY 2015-16.xlsx BOD GM YTD FYE 2016 Backup Material DIRECTOR'S&GENERAL MANAGER'S RECAP OF TRAVEL/CONFERENCE EXPENSES FOURTH QUARTER OF FY 2015-16 APRIL-JUNE 2016 GL Trip Trip Trip Event/ Director Date Date Name Location Meals Lodging Travel Conf.Fee Misc. Total trip Total Beverage 4/30/16 4/6/16 OCSD Meeting Fountain Valley,CA $ $ $ 24 $ $ - $ 24 5/27/16 5/01-31/16 Meeting at various locations Multiple locations $ $ $ 49 $ $ - $ 49 6/29/16 6/1/16&6/22/16 OCSD Meetings Fountain Valley,CA $ $ $ 49 $ $ - $ 49 $ $ 122 Collett 4/30/16 4/27/16 OC Taxpayers Association Costa Mesa,CA $ $ $ $ 70 $ - $ 70 $ $ 70 Hawkins 5/31/16 5/27/16 OC Water Summit Costa Mesa,CA $ $ $ 21 $ $ - $ 21 6/30/16 6/3/16 WACO Meeting Fountain Valley,CA $ $ $ 24 $ $ - $ 24 $ $ 45 Kiley 4/30/16 4/1/16&4/7/16 OCSD Meetings Fountain Valley,CA $ $ $ 49 $ $ - $ 49 5/27/16 5/01-31/16 Meeting at various locations Multiple locations $ $ $ 68 $ $ - $ 68 6/29/16 6/1-30/16 WACO,OCWD&ISDOC-Meetings Fountain Valley,CA $ $ $ 73 $ $ - $ 73 6/30/16 6/30/16 ISDOC-Quarterly meeting Fountain Valley,CA $ 17 $ $ $ $ - $ 17 $ $ 207 Melton Total Director's $ 17 $ $ 357 $ 70 $ - $ 444 $ 444 General Manaaer Marcantonio 4/30/16 4/27/16 OC Taxpayers Association Costa Mesa,CA $ $ $ 15 $ 70 $ - $ 85 4/30/16 4/19-21/16 SWRCB Workshop meeting Sacramento,CA $ 89 $ 535 $ - $ $ 10 $ 634 4/30/16 4/01-30/16 Meetings at various locations. Multiple Locations $ $ - $ 55 $ $ - $ 55 5/31/16 5/01-31/16 Meetings at various locations. Multiple Locations $ $ - $ 66 $ $ - $ 66 Total GM $ 89 $ 535 $ 136 $ 70 $ 10 $ 840 $ 840 Total Director's&GM $ 106 $ 535 $ 493 $ 140 $ 10 $ 1,284 $ 1,284 YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES 4TH QUARTER REPORT FROM 04-01-2016 TO 06-30-2016 FISCAL YEAR 2015-2016 BEVERAGE COLLETT HAWKINS KILEY MELTON SUB-TOTAL MARCANTONIO TOTAL REGULAR MEETINGS ATTENDED 6 6 3 6 6 27 COMMITTEE MEETINGS ATTENDED 6 6 0 1 3 16 OFF SITE MEETINGS ATTENDED 10 5 4 7 8 34 SPECIAL MEETINGS ATTENDED 3 3 3 3 3 15 OTHER MEETINGS ATTENDED 0 2 1 1 1 5 TOTAL MEETINGS ATTENDED QTD 25 22 11 18 21 97 97 DIRECTOR FEES QTD $3,750 $3,300 $1,650 $2,700 $3,150 $14,550 $14,550 MEETING FEES BUDGET QTD $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $22,500 TRAVEL&CONF.EXPENSES QTD $122 $70 $45 $207 $0 $444 $444 TRAVEL&CONF.BUDGET QTD $830 $830 $830 $830 $830 $4,150 $4,150 DIR.FEES AND EXPENSES QTD $3,872 $3,370 $1,695 $2,907 $3,150 $14,994 $14,994 FEES AND EXPENSES BUDGET QTD $5,330 $5,330 $5,330 $5,330 $5,330 $26,650 $26,650 GEN MGR EXPENSES QTD $840 $840 GEN MGR TRAVEL/CONF.BUDGET QTD $3,681 $3,681 TOTAL FEES&EXPENSES QTD $3,872 $3,370 $1,695 $2,907 $3,150 $14,994 $840 $15,834 TOTAL FEES&EXPENSES BUDGET QTD $5,330 $5,330 $5,330 $5,330 $5,330 $26,650 $3,681 $30,331 YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES YEAR-TO-DATE REPORT FROM 07-01-2015 TO 06-30-2016 FISCAL YEAR 2015-2016 BEVERAGE COLLETT HAWKINS KILEY MELTON SUB-TOTAL MARCANTONIO TOTAL DIRECTORS: REGULAR MEETINGS ATTENDED 24 23 17 23 22 109 COMMITTEE MEETINGS ATTENDED 19 24 0 4 13 60 OFF SITE MEETINGS ATTENDED 30 20 19 27 27 123 SPECIAL MEETINGS ATTENDED 13 13 13 12 12 63 OTHER MEETINGS ATTENDED 7 9 5 20 9 50 TOTAL MEETINGS ATTENDED YTD 93 89 54 86 83 405 405 DIRECTOR FEES YTD $13,950 $13,350 $8,100 $12,900 $12,450 $60,750 $60,750 MEETING FEES BUDGET YTD $18,000 $18,000 $18,000 $18,000 $18,000 $90,000 $90,000 TRAVEL&CONFERENCES EXPENSES YTD $1,363 $307 $347 $5,444 $1,273 $8,734 $8,734 TRAVEL&CONFERENCE BUDGET YTD $3,320 $3,320 $3,320 $3,320 $3,320 $16,600 $16,600 TOTAL DIRECTORS FEES&EXPENSES YTD $15,313 $13,657 $8,447 $18,344 $13,723 $69,484 $69,484 TOTAL FEES&EXPENSES BUDGET YTD $21,320 $21,320 $21,320 $21,320 $21,320 $106,600 $106,600 GENERAL MANAGER EXPENSES YTD $5,297 $5,297 GENERAL MANAGER TRAVEL&CONFERENCE BUDGET YTD $14,725 $14,725 TOTAL FEES&EXPENSES YTD $15,313 $13,657 $8,447 $18,344 $13,723 $69,484 $5,297 $74,781 TOTAL FEES&EXPENSES BUDGET YTD $21,320 $21,320 $21,320 $21,320 $21,320 $106,600 $14,725 $121,325 ITEM NO. 8.1 AGENDA REPORT Meeting Date: August 11, 2016 Budgeted: N/A To: Board of Directors From: Marc Marcantonio, General Manager Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: Yes Prepared By: Anthony Manzano, Senior Project Manager Subject: Rules and Regulations for Water and Sewer Service STAFF RECOMMENDATION: That the Board of Directors approve Resolution Nos. 16-15 and 16-16 adopting Rules and Regulations for Water and Sewer Service, and rescinding Resolution Nos. 12-05 and 98-01. DISCUSSION: Staff presents amended Rules and Regulations for Water and Sewer Service for the Board of Director's consideration. The previously adopted Rules and Regulations for the Rendition of Water Service were adopted in 2012, per Resolution No. 12-05, and Rules and Regulations for the Rendition of Sewer Service were adopted in 1998, per Resolution No. 98-01. Major recommended changes for the Rules and Regulations for Water Service include: . A new and separate Billing Procedures section with the following new subsections: o Amortization of Unpaid Charges: States that customers experiencing an emergency due to a life changing event, may be eligible for special payment arrangements. o Failure to Pay "Final Bill" Processes: States that any unpaid balance due on a closed account, beyond the due date, shall be submitted to a third party collection agency and/or the Franchise Tax Board for collection. o A Water Theft section with clarification that illegal connections and tampering with District facilities are illegal, in conformance with California Penal Code Section 498. o Shut-off Due to Nonpayment: Clarifies specific requirements taken prior to administering a shut-off, including providing a 15-day written notice of delinquency by mail, a subsequent notice of impending termination and an additional attempt by the District to notify account holder 1 day prior to shut-off. o Bill Dispute: Clarifies that a customer may dispute a bill in writing within twenty-seven days following the "bill date," and that the dispute will be submitted to the General Manager, or designated employee, to make a final determination for resolution to dispute. o The requirement that deposits be in conformance with the latest California Public Utilities Code . A requirement for construction meters to have a backflow device. . Elimination of water meter jumpers. . Change in meter size: Requires customers to change meter sizes in conformance with the latest Meter Sizing Resolution. . The Backflow Protection Program was modified to require backflow devices be installed above grade, and the section was significantly streamlined by deleting specific backflow requirements and referencing the latest adopted State of California Administrative Code, Title 17. . A new requirement that customers shall be required to follow District standards. Major recommended changes for the Rules and Regulations for Sewer Service include- . Specific requirements for customers on private sewer disposal systems to connect to the District's public sewer system, in accordance with the latest Building and Plumbing code requirements. . Prohibits discharge of certain materials into the public sewer system, in conformance with the latest adopted Orange County Sanitation District and District Fats, Oils, and Grease Control regulations and ordinances. . A new requirement that customers shall be required to follow District standards. This major update of the Rules and Regulations for Water and Sewer Service was a concerted team effort of staff from Administration, Finance, Customer Service, Operations, Human Resources, Engineering and Kidman Law LLP. PRIOR RELEVANT BOARD ACTION(S): On March 8, 2012, the Board adopted Resolution No. 12-05, establishing the current water rules and regulations. On January 22, 1998, the Board adopted Resolution No. 98-01, establishing the current sewer rules and regulations. ATTACHMENTS: NamE Description: Type: Resolution No. 16-15 - Water Rules.docx Resolution No. 16-15 Resolution 1.0 RULES AND REGULATIONS WATER August 2016.pdf Rules and Regulations for Water Service Exhibit Resolution No. 16-16 - Sewer Rules.docx Resolution No. 16-16 Resolution 1.0 RULES AND REGULATIONS SEWER August 2016.pdf Rules and Regulations for Sewer Service Exhibit RESOLUTION NO. 16-15 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE RULES AND REGULATIONS FOR WATER SERVICE AND RESCINDING RESOLUTION NO. 12-05 WHEREAS, the Board of Directors have, from time to time, amended the Rules and Regulations for water service, most recently of which was by Resolution No. 12-05; and WHEREAS, it is the desire of the Board of Directors to amend these Rules and Regulations to reflect current practice. NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That the Rules and Regulations for Water Service, attached as Exhibit A and by this reference incorporated herein, are hereby adopted. Section 2. That Resolution No. 12-05 is hereby rescinded immediately upon adoption of this Resolution. PASSED AND ADOPTED this 11th day of August 2016 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Resolution No. 16-15 Adopting the Rules and Regulations for Water Service 1 Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law LLP Resolution No. 16-15 Adopting the Rules and Regulations for Water Service 2 Yorba Linda Water District RULES AND REGULATIONS FOR WATER SERVICE at,gt,st 2016 TABLE OF CONTENTS Section 1..................................................................................Definition of Terms Section 2.................................................................................Service Connections Section 3............................................................................Fees, Rates and Deposits Section 4....................................................................................Billing Procedures Section 5..............................................................................Water Usage Regulated Section 6..................................................................Mains, Meters and Fire Hydrants Section 7... .............................. .....................................Backflow Protection Program Section 8...................................................Policy on Water Main and Service Extensions Section 9............................................................................Protection from Damage Section 10..............................................................Powers and Authority of Inspectors Section11............................................................................................Violations Section12..............................................................................................Validity SECTION 1: DEFINITION OF TERMS Unless otherwise specifically defined herein, or unless the context requires a different meaning, all words, terms and phrases shall be construed according to their ordinary meaning. Unless the context specifically indicates otherwise, the meaning of terms used in these Rules and Regulations shall be as follows: 1.1 BOARD OF DIRECTORS or BOARD: The Board of Directors of the Yorba Linda Water District. 1.2 CONNECTION FEE: Shall mean the charge imposed by the District to obtain water service from the District by means of its water facilities. 1.3 CUSTOMER OR CONSUMER: A person of record receiving water service from the District. 1.4 DATE OF PRESENTATION: The date upon which a bill or notice is mailed or delivered to the customer. 1.5 DISTRICT: The Yorba Linda Water District. 1.6 DOMESTIC SERVICE: Provision of water for household residential purposes, including water for sprinkling lawns, gardens and shrubbery, water livestock, washing vehicles, and other similar and customary purposes. 1.7 EASEMENT: A property right for the District to use and/or enter onto the real property of another to install, construct, reconstruct, remove, inspect, maintain, repair, replace, improve, relocate a pipeline or pipelines, or other District improvements. 1.8 EMPLOYEE: The term "employee" shall include any person employed by the District and designated by the General Manager of the District to perform work and labor for the District, excluding contractors and their employees. 1.9 GENERAL MANAGER: The person appointed by the Board of Directors of the District as the executive officer of the District. 1.10 JUMPER: Plastic pipe, temporarily used in lieu of a meter during final construction. Not permitted for use within District boundaries, per Section 2 herein. 1.11 MAIN EXTENSION: Extension of distribution pipelines, exclusive of service connections, beyond existing facilities. 1.12 MAINS: Distribution pipelines located in streets, highways, public ways or private rights-of-ways which are used to serve the general public. 1.13 METER: Water use measuring device approved by the District. 1.14 PERSON: The term "person" means an individual, corporation, company, association, partnership, municipality,public utility, or other public body or institution. 1.15 "PH": The common logarithm of the reciprocal of hydrogen ions in grams per liter of solution. 1.16 PLANS: Detailed design sheets with plan and profile of proposed water construction shown in sufficient detail so that it can be constructed, after District approval. 1.17 PREMISE: The term "premise" means any and all areas on a customer's property which is served or has the potential to be served by the public water system. 1.18 QUITCLAIM: A release by the grantor, or conveyor of the deed(typically the District), of any easement interest the grantor may have in the property described in the deed. 1.19 SECTIONS: The parts into which these rules are divided. 1.20 SERVICE CONNECTION: This includes the tapping connection, the pipe, valves, meter, and other facilities by means of which water is conducted from the distribution main to the outlet side of the meter and the beginning of the consumer's pipe. 1.21 "SHALL": is mandatory, "May" is permissive. 1.22 SPECIFICATIONS: The Standard Plans and Specifications for the Construction of Water Facilities in the Yorba Linda Water District. 1.23 TECHNICAL TERMS: Unless otherwise specifically defined herein, or unless the context requires a different meaning, all words, terms and phrases having a well-known or technical meaning shall be so construed. 1.24 TEMPORARY CONSTRUCTION METERS: Measuring devise installed on Fire Hydrants to provide construction water. 1.25 TEMPORARY SERVICE: Water service existing or effective for a finite period of time; not permanent. 1.26 TRAFFIC RATED METER BOX: A meter box that will withstand traffic load forces of 16,000 lbs. per wheel, as defined by the American Association of State Highway and Transportation Officials (AASHTO). 1.27 UNDERGROUND SERVICE ALERT: "USA" is an information center that notifies its members of impending excavation at or near their underground installations. California law makes it mandatory for all those who plan to do any digging or excavating to inform a regional notification center such as USA at least two days in advance. USA can be contacted at 1-800-422-4133. 1.28 WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. SECTION 2: SERVICE CONNECTIONS 2.1 APPLICATION FOR SERVICE CONNECTION: An application for a service connection shall be made at the District office. The applicant shall specify the property to be served and the purpose for which the water is to be used. Upon review and approval of the application the District reserves the right to determine the final connection and meter size. The applicant will be charged for the installation and materials cost pertaining to the service connection in accordance with the latest adopted Water Development and Customer Service Fees Resolution. The information supplied by the applicant in such application shall be considered as authoritative and final. If any error in such application, from information provided by the applicant, shall cause the installation of a service connection that is improper whether in size or location, the cost of all changes required shall be borne by the applicant. After all fees are paid, in conformance with the Billing Procedures section, and when a service connection is installed and the meter is set, and the application for water service has been approved by the District monthly charges for water service shall begin. See the Billing Procedures section for application and billing information. Service connections shall be provided in accordance with Resolution No. 06-04. 2.2 FIRE PROTECTION SERVICE LINES: Provisions of water to premises for automatic Fire protection. 2.3 SEWER SERVICE: All applicants for water service shall also comply with the Rules and Regulations of the Yorba Linda Water District for Sewer Service. 2.4 SERVICES TO SEPARATE PREMISES: Each house or building under separate ownership must be provided with its own service connection or connections. Two or more houses, or buildings under one owner, on the same lot or parcel of land may be supplied through one service connection, or a separate service connection may be installed for each building (at the applicant's expense). 2.5 NUMBER OF BUILDINGS ON SINGLE SERVICE: The District reserves the right to limit the number of houses, buildings, and living or business quarters, or the area of the land under one owner, to be supplied by one service connection. 2.6 SERVICE OWNERSHIP WHEN PROPERTY IS SUBDIVIDED: When property provided with a single service connection is subdivided the service connection shall be considered as belonging to the lot or parcel of land which it directly enters or the property which is first served in the event the consumers pipe crosses other property to reach the property to be served. The District shall require new developments, or structures, within the subdivided lots, requiring potable water service, to install a separate water service(s) at the owner's expense. 2.7 SERVICE CONNECTION SUPPLYING ADJOINING PROPERTY: A service connection shall not, at any time, be used to supply water to a different property that has its own established service connection. 2.8 INTERFERING WITH WATER FACILITIES: No person shall, without the permission of the General Manager or appointed agents, remove, change, disturb, or in any way tamper with or interfere with any of the facilities, apparatus, appliances or property used or maintained for the production, storage, or supply of water by the District to consumers thereof, nor shall any person without the permission of the General Manager install any pipe, apparatus, appliance or connection to any part of the system of the District. Tampering with water meters and other water service facilities is a criminal offense. 2.9 SINGLE WATER SERVICE CONNECTION OR TERMS AND CONDITIONS: Developments with one or two lots shall apply for a Single Water Connection Application Permit, with a separate meter to each lot, per the application requirements. Developments with three or more lots shall apply for Terms and Conditions, with a separate meter to each lot, per the application requirements. 2.10 JUMPER: Jumpers are not permitted for use at the District. A District approved meter must be installed in lieu of jumper. Installed meter shall be protected to avoid damage during construction. Installed meter will be subject to the latest monthly consumption fee billings through District Customer Service. 2.11 METER REPLACEMENT: In the event a meter is worn out prior to its twenty (20) year expected life due to excessive or non-standard usage, the charge for replacement or repair shall be the sole responsibility of the customer and shall include the costs associated with the labor and materials, pursuant to the latest adopted Water Development and Customer Service Fees Resolution, prorated to the twenty (20) year life expectancy. SECTION 3: FEES, RATES, AND DEPOSITS 3.1 METER CONNECTION FEE: Each applicant shall pay the District the applicable Meter Connection Fees pursuant to the latest adopted Water Development and Customer Service Fees Resolution, before applicant is allowed to commence work related to water service by the District: 3.1.1 METERS UP TO 2 INCHES: The District shall charge and collect in advance, a Meter Fee for the installation of water meters up to 2 inches in size. A traffic rated meter box shall be required for meter settings where, in the District's opinion, the box is subjected to vehicle traffic, e.g. in driveways or parking lots. The extra charge for traffic rated meter box shall be added to the Meter Fee. The District requires the installation of radio read meters. The fee for radio read meters shall be as identified in the latest Water Development and Customer Service Fees Resolution. The Meter Fee shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.1.2 METERS LARGER THAN 2 INCHES: Meters larger than 2 inches shall be installed for a sum equal to the actual cost of labor and materials to install such meter and appurtenances plus overhead. The cost of such installation shall be estimated by the District, and such estimated cost shall be paid by the applicant to the District before the work of connecting the main with the property is commenced. Whenever the estimated cost is not sufficient to cover the total expense for labor, material, and overhead, the deficit shall be charged to and paid by applicant. Any excess payment shall be returned to the applicant. A traffic rated box shall be required for meter settings where, in the District's opinion, the box is subjected to vehicle traffic, e.g. in driveways or parking lots. The extra charge for traffic rated meter boxes shall be added to the Meter Fee. The District requires the installation of radio read meters. The fee for radio read meters shall be as identified in the latest adopted Water Development and Customer Service Fee Resolution. 3.1.3 TEMPORARY CONSTRUCTION METERS: When a temporary construction meter is requested, and service can be provided by a standard fire hydrant type of construction meter, the applicant shall deposit an amount pursuant to the latest adopted Water Development and Customer Service Fees Resolution. For any temporary service other than a fire hydrant type of construction meter, the applicant shall be responsible for installation and removal of all pipes, valves, fittings and appurtenances required for installation of a non-standard fire hydrant construction meter. A separate fee, pursuant to the latest adopted Water Development and Customer Service Fees Resolution, shall apply for movement of the meter to a new location. Construction meter deposit, paid to the District at the current rate, is required. Construction meters issued shall be used in conjunction with attached, approved portable backflow devices (RP) as defined in Table 1 herein. Construction meter shall be secured, by District staff, with a District provided chain and lock, at a location approved by District staff. Tampering with a temporary construction meter will result in termination and payment of current fees per the latest adopted Water Development and Customer Service Fees Resolution. 3.2 ADDITIONAL SERVICE FEES: If applicable, each District approved application shall include the following additional service fees - in accordance with the latest adopted Water Development and Customer Service Fees Resolution, paid in full to the District, before applicant is allowed to commence water service related work: 3.2.1 ADMINISTRATIVE FEE: An Administrative Fee shall be imposed on a per job basis for each application and shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.2.2 PLAN CHECK FEE: A Plan Check Fee shall be imposed on a flat fee basis for each service connection identified in the application and shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.2.3 INSPECTION FEE: An Inspection Fee shall be imposed on a per connection basis for each service connection identified in the application and shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.2.4 RECORDS AND BILLING FEE: A Records and Billing Fee shall be imposed on a per connection basis for each service connection identified in the application and shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.2.5 SINGLE SERVICE FEE: A Single Service Fee shall be imposed on a service connection, to a single lot where the water main already exists. The Single Service Fee shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.2.6 GIS DATA CONVERSION FEE: A GIS Data Conversion Fee shall be imposed, or each individual job, for each application and shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.3 INSTALLATION BY APPLICANT: The applicant shall be responsible for installation costs of all pipe, valves, fittings, fire hydrants, service lines and appurtenances required to obtain water service from the District. District staff shall install the meter. Applicant shall indemnify and hold the District, its Directors, officers and employees harmless from any loss or damage that may be directly occasioned by the installation of the water facilities. All materials, and installation, shall conform to the District's Standard Plans and Specifications, and shall be subject to the inspection and acceptance by the District. 3.4 WATER RATES: The water rates shall be charged and collected monthly pursuant to the latest adopted Setting Water Rates Resolution. 3.4.1 PERMANENT UNTREATED WATER SERVICE: Permanent untreated water service is only available in accordance with the latest adopted terms and conditions for Untreated Full water service as adopted by the Municipal Water District of Orange County. To qualify for this class, the customer will pay all costs to connect to the Municipal Water District of Orange County untreated water supply, and own and operate their own, independent, water system that is completely separate and apart from the District's domestic water system; comply with the latest adopted version of the District's Water Rules and Regulations, including any Water Management Programs; and implement all reasonable and available reliable water use efficiency methods, as determined by the District. 3.5 TEMPORARY SERVICE: Application shall be made to the District for temporary service desired by licensed contractors for water to be used for limited, temporary needs, such as street rehabilitation work. Upon receipt of a completed application and payment of the applicable construction meter deposit, a construction meter shall be made available for use. The deposit shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. All temporary construction meters shall be locked, by District staff only, onto the single hydrant location as specified by the applicant at the time the application is submitted. At the request of the applicant, the temporary construction meter may be moved to a new location by District staff only. The fee for movement of the meter, as defined in Section 3, is pursuant to the latest adopted Water Development and Customer Service Fees Resolution. Applicants on file will receive a monthly invoice for the rental of the temporary construction meter and metered water usage. Unauthorized and unmetered water usage and tampering with potable water facilities is a Federal offense in accordance with U S Code Title 42 Section 300i-I. If in the determination of the District that the setting of a meter is impracticable or uneconomical or if in the event of water shortage, water rationing or a general emergency the application for temporary service may be denied. 3.5.1 TEMPORARY UNTREATED WATER: Application shall be made to the District for all temporary untreated water received directly through Metropolitan Water District and the Municipal Water District of Orange County for construction only. The fee for Temporary Untreated Water shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.6 PRIVATE FIRE SERVICE RATES: The monthly rates for private fire service protection shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.7 PRIVATE FIRE PROTECTION: The applicant shall furnish and install all piping, valves, regulators, appendages, fire detector check (commercial applications), backflow prevention device and/or other approved devices, in accordance with the latest District Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities, and in accordance with the Backflow Prevention Program section herein. The by-pass meter and line will be specified by the District. 3.8 CHANGE OF METER LOCATION: Any person desiring to change the location of a service that has already been installed shall make application to the District. The District, at its discretion, may install such changes upon the applicant payment in advance for the related cost of time and materials. 3.9 CHANGE OF FIRE HYDRANT OR AIR VACUUM/AIR RELEASE VALVE LOCATION: Fire hydrants and Air Vacuum/Air Release Valves shall be installed in the location specified by the District. If a property owner or other party desires a change in the size, type or location of such fire hydrants or Air Vacuum/Air Release Valves, they shall file a written application with the District and comply with these Rules and Regulations. Any change in the location of a fire hydrant or Air Vacuum/Air Release Valve must be approved by the District and shall not adversely impact surrounding properties. New or replaced fire hydrants shall be wet barrel type; newly installed or replaced dry barrel fire hydrants are not permitted. All costs associated with relocation shall be borne by requesting party. SECTION 4: BILLING PROCEDURES 4.1 GENERAL: All accounts are billed at monthly intervals. Applicants desiring to establish water service shall make applications for water service at the District office during regular business hours. The District accepts applications for service verbally, via the telephone, or in person. The applicant will be required to provide the following information per account: 1. Name of applicant(Indicate whether owner or tenant). 2. Applicant's Social Security number, valid state issued driver's license number, and date of birth. 3. Date service is required. 4. Address of service location. 5. Applicant's mailing address, email address and customer authorized telephone number(s). 6. Commercial accounts will provide adequate personal/corporate EIN 4. 7. Other information as the District may reasonably require. 4.2 NEW ACCOUNT SETUP FEE: The District will charge a new account setup fee for any service or services established at a service location. The new account setup fee is assessed each time an account is opened, including a turn on of water service or a change of name which requires opening a new account. 4.2.1 Twenty-four hour notification is required for all service requests. The service request shall be processed and scheduled. If the request for service is made less than twenty-four hours prior, a service fee may be assessed. All fees are pursuant to the latest adopted Water Development Customer Service Fees Resolution. 4.2.2 Applicants who contact the District after hours to turn on water service without an active application will be assessed an after-hours fee and are required to complete an application as stated above and meet all requirements by the next regular business day. The charge for callouts of District representatives for the purpose of reestablishment of water service, after normal business hours and on holidays, shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 4.3 WATER BILLS,BILLING PERIOD,DUE DATES AND ADDITIONAL SERVICES: The billing period, charges for additional services and required deposits are as follows: 4.3.1 BILLING PERIOD: This is to be based on monthly meter reads, normally between 28 and 35 days apart. All invoices are due and payable upon mailing and shall become delinquent if not paid within 27 days from the billing date. 4.3.1.1 If, due to reasons beyond the District's control, the District is unable to read the customer's meter on the scheduled reading date, the District may bill the customer for estimated consumption during the bill period and make any necessary corrections once the actual meter read is obtained. Estimated consumption will be calculated based on the customer's prior usage history and seasonal changes. 4.3.1.2 Customers who are enrolled in online bill presentment are notified via email when their bill is ready to view. It is the customer's responsibility to view their emails and provide an accurate email address. The District is not responsible for notifying the customer of bounced emails. 4.3.1.3 District accepts payments in the form of cash, cashier's check, money order, personal check, business check, electronic Automated Clearing House (ACH) transactions, online credit card payments made via District website or credit card via phone. 4.3.1.4 All returned checks shall be considered as non-payment. All online payments made through the District's online bill presentment program that are returned due to invalid bank account information, or because of a maximized and/or expired credit card, shall be considered non-payment and subject to a returned item fee. 4.3.1.5 The District will apply payments to the oldest debt due. 4.3.1.6 No two party checks are accepted. 4.3.1.7 The customer shall be assessed a returned item fee for all returned payments (see current fee schedule). All returned payments shall be considered as non-payment. The District shall deliver notification of the returned item to the service location, requiring that payment of the full value of the item, along with the returned item fee and deposit, if required, be made within 5 days from the date of the notice. If payment is not received by the due date specified on the returned item notice, the account will be subject to immediate disconnection of service in addition to all applicable disconnection fees. The referenced account will be placed on a"cash only" status upon notification from the banking institution of a third returned item within a consecutive 12-month period. The referenced account will retain the "cash only" status for a period of one full year. 4.3.2 DELINQUENT PAYMENTS: An account will be considered delinquent if payment of a water bill is not received by the 27th day from the billing date. A late fee charge will be immediately assessed upon the past due amount if the account is not paid in full by the 27th day after the bill is generated. This fee will be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. Payments dropped off after normal business hours and pending online payments, after the passing of the 27th day, will be considered to be delinquent. Accounts remaining unpaid 44 days from the billing date shall be subject to discontinuance of service. Inability to pay is not considered a valid reason for non-payment. All bills are considered delivered after mailing via US Postal Service or Internet email and the District is not responsible for non-receipt or non-delivery. Any payment envelope received by the District without a payment enclosed or with an unsigned check, shall be considered as non-payment. 4.3.3 LATE PAYMENT FEE: A charge equal to ten percent (10%) of current charges shall be levied against any account if payment is not received by the District on the 27th day from the billing date. Customers will receive notification of levied late fee(s) and past due balance. The customer will be provided with a 15 day written notice of delinquency and impending termination by mail. Assessed late fees may be waived at the discretion of District management, as a one-time courtesy, due to a life changing event. 4.3.4 NOTICE OF DISCONTINUANCE: Notice of discontinuance and termination of water service shall be in conformance with the most recent California Public Utilities Code section 10010.1. Notice of Discontinuance will be posted on the property where water service was rendered 10 days after the bill is due. The Notice will indicate the amount due, the scheduled shut-off date and where to remit payment. The charge for this service shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 4.3.5 AMORTIZATION OF UNPAID CHARGES: Amortization of unpaid charges will be considered for customers experiencing an emergency resulting from a life changing event. The District reserves the right to validate said emergency. The District shall extend special payment arrangements for no more than three times per year and for no longer than a two week extension. Failure to comply with the established amortization schedule will result in immediate disconnection of service. 4.3.6 SHUT - OFF DUE TO NONPAYMENT: Water service may be discontinued if payment of all legitimate charges is not received within the time period allowed. The District will provide a 15 day written notice of the delinquency and impending termination by mail. This notice will be provided to both the account holder as well as to the potential tenant residing at the property. A subsequent notice of the impending termination will be delivered to the property where water service was rendered 7 days prior to the noted shut off. Next, The District will attempt to contact the account holder by telephone and/or email 1 day prior to shut off In the event that the District has exhausted all efforts to prevent disconnection in accordance with Public Utility Code 100 10.1 and the delinquent balance remains unpaid, the account will be shut off. A representative of the District will be sent to the property where service was rendered to post a notice of the shut off and disconnect the service. The Charge to send a service representative to turn off water for nonpayment shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 4.3.7 REESTABLISHING SERVICE: The charge for reestablishing water service after a shut-off due to nonpayment, during normal business hours, excluding holidays, shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. Water Service will be reestablished only after payment of all legitimate charges and required deposits have been received by the District. 4.3.8 BILL DISPUTE: Any customer may dispute a bill in writing within twenty- seven days following the "bill date." Upon receipt of written dispute, the General Manager, or his or her designee, shall conduct an independent review of the dispute and may conduct a further investigation of the dispute, as determined in the General Manager's, or his or her designee's, sole discretion, to be appropriate. The General Manager's, or his or her designee, shall make determination of the appeal final. A written dispute shall be submitted to the General Manager or designated employee, where the disputed bill will be provided an extension from its noted due date in order to avoid late fees and to provide time to investigate the issue at hand. The investigation shall be completed within 10 business days from receipt of the written dispute, where the customer shall be notified of the findings. If the investigation results in favor of the customer, where the billing is incorrect, an adjustment shall be applied to the customer account, but should the billing be found to be correct the bill balance shall be due 10 days from the customer being notified. If before completion of the investigation an additional bills become due, the customer is required to make payment of the entire amount due by the specified due date. Failure to do so may result in assessed late fees or discontinuation of service due to non-payment. 4.3.9 FAILURE TO PAY "FINAL BILL" PROCESS: Under the authority of California Government Code, Section 12419.8, any unpaid balance due on a closed account, beyond the due date, shall be submitted to 3rd party collection agency and/or the Franchise Tax Board for interagency intercept collection. 4.3.10 CHANGE OF ADDRESS: Failure to receive mail will not be recognized as a valid excuse for failure to pay water service charge(s)when due. Change in occupancy of property supplied with District water and changes in mailing addresses of customers of District water must be filed at the District office, in writing, by fax, mail or online, as available. 4.3.11 METER FAILURE: If a meter fails to register during any period or is known to register inaccurately, the consumer shall be charged with an average daily consumption according to the season as shown by the meter when in use and registering accurately. 4.4 METER TESTING: The charge for testing the meter for accuracy, either at the source, or through an independent laboratory, after payment of all other outstanding charges shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. Should the test find the meter to be outside the limits of American Water Works Association standards, the cost of the test will be credited back to the customer account and a billing adjustment made on the next billing cycle, based on the customer's average consumption over twelve (12)months. Testing the meter for accuracy may require an appointment. 4.5 DEPOSITS: All deposit requirements shall be in conformance with the latest California Public Utilities Code. Deposits will be required from each, new or returning, customer account that holds a poor payment history with the District, which is defined as: 1. Three or more delinquent payments; 2. Two or more non-sufficient funds (NSF) or ACH rejection fee occurrences; 3. A single NSF or ACH rejection from a payment made on a delinquent account after a Notice of Discontinuance has been posted; or 4. A single shut-off. A deposit shall also be required from all new residential customer accounts, pursuant to the latest adopted Water Development and Customer Service Fees Resolution. New residential customers who have no valid United States of America issued identification will be required to pay the full amount of the deposit at the time of service application, either in cash or cashier's check only. A commercial or irrigation customer will be required to pay deposits, based on meter size, pursuant to the latest adopted Water Development and Customer Service Fees Resolution. Any deposit requirement will be held in a non-interest bearing account. The deposit will be refunded to the customer's account after 12 consecutive bills have been paid by the due dates. If the customer's account is delinquent within the 12 month period, the District will retain the deposit on hand and start a new 12 month period. If the District determines the applicant was a previous customer of the District and their credit history dictates a deposit and any unpaid balances on prior account(s), the deposit shall be due and payable before service will be initiated. Such application signifies the applicant's willingness and intention to comply with all applicable District Water Rules and Regulations and to submit full payment of fees and charges on all subsequent customer account billings that pertain to the location of service on record. A soft credit check will be conducted to determine a deposit requirement and to validate identity of applicant. Any customer returning to the District after a six month period shall be subject to a soft credit check. 4.6 BILLING ERRORS: If a billing error occurs in which the District is found to be at fault, the account will be adjusted accordingly up to a maximum two-year period, from the date of discovery. If an error occurs in which the District is not at fault, the needed correction will be made and be effective from date of discovery. At no time shall the adjustment period, regardless of culpability, be greater than two years. 4.7 WATER THEFT: 4.7.1 UNAUTHORIZED USE OF SERVICES: Any individual(s) taking possession of premises and using water and/or sewer services without an approved application for service shall be held liable for all water and/or sewer services delivered as verified by meter readings, and for any damages to District property, including locks and angle stops and for any associated charges. In no event shall the applicant have access to water service that has not been approved by an authorized District representative. Tampering with District facilities is illegal, in accordance with California Penal Code Section 498. 4.7.2 OBSTRUCTING DISTRICT FACILITIES PROHIBITED: Customer shall in no way restrict or obstruct access to District facilities - facilities include, but are not limited to, meters and any other District facility. If customer restricts or obstructs access to a District facility and does not provide District access within 24-hours after being notified by the District, the District reserves the right to remove obstruction, by District forces, or through outside services, and bill the customer for all costs associated with removal of obstruction. 4.7.3 ILLEGAL CONNECTIONS: No individual shall connect to the District's domestic water facilities without application and approval. Tampering with District facilities is illegal, in accordance with California Penal Code Section 498. 4.7.4 TAMPERED LOCKS: The District may place a lock on a water meter to prevent unauthorized use. A tampered lock will result in a charge pursuant to the latest adopted Water Development and Customer Service Fees Resolution. Tampering with the locks is illegal, in accordance with California Penal Code Section 498. 4.7.5 METER REMOVAL: A meter may necessitate removal if repeatedly used without authorization by the District, and the charge for removal and resultant replacement, after payment of any other outstanding charges shall be payable by the account holder pursuant to the latest adopted Water Development and Customer Service Fees Resolution. Meter tampering, which is illegal, in accordance with California Penal Code Section 498, and will result in supplemental charges pursuant to the latest adopted Water Development and Customer Service Fees Resolution. SECTION 5: WATER USAGE REGULATED 5.1 SUPPLYING ANOTHER PERSON: Water shall not be supplied to any business other than the occupants of the consumers own premises. 5.2 WASTE IN PLUMBING/LEAKAGE: Any person who as owner or occupant of any premises fails, refuses, or neglects to maintain such premises with plumbing of such character and quality as to prevent the wasting of water, due to leaks, shall, three (3) business days after being served by the District by written notice of such intention, have all water service discontinued pending such repair. This time limit may be restricted further, as determined by the District. 5.3 IRRIGATION, SPRINKLING,ETC.: The use of water for irrigation, sprinkling, wetting, construction or industrial uses shall be restricted if and when such use is contrary to the public safety or welfare, or during mandatory water conservation drought conditions, as determined by the District. 5.4 SHUTTING OFF WATER FOR REPAIRS: The District reserves the right to shut off water in its mains without notice to make repairs or for any other purpose deemed necessary. The District shall not be responsible for any damages which may occur due to water shut-offs. The owner and/or consumer shall be conclusively presumed to have taken all necessary precautions in compliance with the building and plumbing codes in anticipation of emergency shut-offs. Where a planned shut-off is made every effort shall be made by the District to notify the consumers. 5.5 WATER PRESSURES: The District shall endeavor to maintain such pressures as recommended by State Water Resources Control Board, Division of Drinking Water Title 22 California Code of Regulations. In the event any consumer deems that pressures are inadequate, the consumer shall furnish at their own expense, devices necessary to boost the pressure for their premises. If the customer chooses to add a booster type device, the District will require compliance with the Backflow Prevention Program section of these rules. In the event water pressures are in excess of any consumer's normal requirements, it shall be the responsibility of such water consumer to install such devices on their own premises to protect his plumbing and/or to reduce the pressure for their normal needs. SECTION 6: MAINS,METERS AND FIRE HYDRANTS 6.1 CHANGES AND/OR DAMAGES TO MAINS AND FITTINGS: Any street improvements which are to be performed which will cause the relocation of existing water mains, fittings, meters or other water equipment must have the approval of the District. The District shall be given a written notice a minimum of ten (10) working days prior to start of construction of the approved project. Any changes which are required or any damages which may occur to such mains, fittings, meters or other water equipment without fault or negligence of the District shall be chargeable to the person or agency requiring said work to be done. 6.2 SHUT-OFF VALVES: All shut-off valves and angle stops are for the use of the District. Such shut-off valves or angle stops shall not be used or altered in any way or manipulated by the consumer except in extreme emergency. A valve will be installed immediately downstream from the water meter and in accordance with the latest District Standards W- 1 and W-2. Excepted here from are irrigation services. 6.3 METERS: 6.3.1 SIZING METERS: The District shall determine the size of the meter required. Where service conditions change, the District, through the General Manager or their authorized representative, shall at the District's discretion have installed a meter of proper size to meet the present conditions. The District shall then bill or refund as required. 6.3.2 RIGHT TO METER: The District reserves the right to meter any service and apply the latest adopted established rates. 6.3.3 SEALING METERS: All meters will be sealed by the District and no seal shall be altered or broken except by one of its authorized employees or agents. 6.4 CHANGE OF METER: 6.4.1 CHANGE IN SIZE OF METER: Meter resizing shall be in accordance with the latest Meter Sizing Resolution, the latest adopted version of the District's Policies and Procedures, and Elective Water Meter Resizing Policy. 6.4.2 CURRENT COST OF METER: The current cost of a meter as used above shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 6.4.3 CHANGE OF METERS WHERE CHANGE OF SERVICE LINE IS REQUIRED: If the change of meter, either an increase or decrease in size requires a change in service line size, it shall be the consumer's responsibility to construct the new service line. 6.5 METERS, PROPERTY OF DISTRICT: All water services and water meters installed or required to be installed by the District shall remain at all times the property of the District and shall be maintained, repaired and renewed by the District when rendered unserviceable by normal wear and tear. Where replacements, repair or adjustments of any meter are caused by an act of malice or neglect of the consumer or person on consumer's property, or caused by any malfunction of any appliance, equipment or operation on the consumers property, such replacement work shall be charged to and paid by such consumer to the District on presentation of a bill therefore; and in case such bill is not paid, the meter shall be shut off from such premises and shall not be turned on again until all charges are paid. No person shall interfere with or remove from any service any water meter where it has been so attached. 6.6 METER LOCATION: All meters of the District shall be placed at the curb line of the street, or near the property line in alleys, or as close to the water main in all other cases whenever and wherever practicable and be protected and maintained as a part of the operation of the District. No property shall be served where the property line is more than 75 feet from the nearest main. 6.7 METERS INSIDE PREMISES: Where a water meter is placed inside the premises of a consumer for the convenience of said consumer, provisions shall be made for convenient meter reading and repairing by representatives of the District, by providing an executed easement to the District, as close as possible to the public right-of-way, and accessible at all times to District staff(i.e. not within a gated or inaccessible location). Failure to make provisions by the consumer shall be sufficient cause for removal of such meter at the option of the District and the withholding of service until installation is made at the curb line as herein provided. Meters shall not be located inside any structure, home or building. 6.8 CONSUMER'S RESPONSIBILITY: The District shall in no way whatsoever be responsible for any damage to person or property because of any leakage, breakage or seepage from, or accident or damage to any meter or pipe situated within any private premises, and said District shall not be responsible for any leakage, breakage, or seepage from any pipe situated between any meter properly installed at the curb and the private premises served thereby, nor shall said District be responsible for or on account of any damage, injury or loss occasioned directly or indirectly by the existence of any meter or pipe situated upon private properly. 6.9 USE OF FIRE HYDRANTS: Public fire hydrants shall be located, maintained and repaired by the District. Any damage thereto by persons or agency other than representatives of the Fire Department and Water District shall be a claim against the person or agency committing such damage and the District shall take action as may be necessary to collect the same. Fire hydrants are provided primarily for the purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the Water District and Fire Department or such persons as may be authorized to do so by the Chief of the Fire Department or the General Manager of the Water District. 6.10 FIRE HYDRANTS,PERMIT FOR: All unauthorized use of water through a fire hydrant is a violation of these Rules and Regulations. All persons desiring to use water through fire hydrants, or other hydrants, owned or controlled by the District shall be required to complete a temporary construction meter application from the District, and pay a deposit, in compliance with Section 3.1.3 herein. The District shall issue no such permit to any person who has violated any of the provisions of these Rules and Regulations or whose indebtedness to the District for water used or damage to hydrants or equipment is delinquent. All such persons having permit for use of water from the fire hydrants shall use hydrant wrenches for the operation of such fire hydrants. The main valve of the hydrant shall be used only to turn the service on and off at the beginning and end of service from the hydrant excepting that the main valve shall be used to turn the fire hydrant off at the end of each work day and the control valve and meter shall be removed so as to leave the fire hydrant ready for use by the Fire Department during the night. Said main valve shall be either completely open or closed at all times. 6.11 FIRE HYDRANTS, CANCELLATION OF PERMIT: Permit for the use of water through the fire hydrants of the District may be canceled at the will of the District on evidence that the holder thereof is or has violated the privileges conveyed thereunder. Such notice of cancellation shall be in writing delivered or mailed to the persons to be notified and shall be immediately effective and enforced. 6.12 OBSTRUCTING FIRE HYDRANTS: No person shall obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material or willfully or carelessly injure the same, or open or operate any fire hydrant, or draw or attempt to draw water therefrom, except when used with a District installed temporary construction meter, as discussed in section 3.1.3. 6.13 NEW OR REPLACED FIRE HYDRANTS: New or replaced fire hydrants shall be wet barrel type; newly installed or replaced dry barrel fire hydrants are not permitted. SECTION 7: BACKFLOW PREVENTION PROGRAM 7.1 DEFINITIONS OF TERMS 7.1.1 AIR-GAP SEPARATION: The term "air-gap separation" means a physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one inch. 7.1.2 APPROVED BACKFLOW PREVENTION DEVICE: The term "Approved backflow prevention device" shall mean devices which have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the Health Agency (as defined herein). 7.1.3 APPROVED WATER SUPPLY: The term "approved water supply" means any water supply whose potability iso regulated by a State or local Health Agency. 7.1.4 AUXILIARY SUPPLY: The term "auxiliary supply" means any water supply on or available to the premises other than the approved water supply. 7.1.5 BACKFLOW: The term "backflow" shall mean a flow condition, caused by a differential in pressure, which causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Backsiphonage is one cause of backflow. Back pressure is the other cause. 7.1.6 CONTAMINATION: The term "contamination" means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health or which may impair the usefulness or quality of the water. 7.1.7 CROSS-CONNECTION: The term "cross-connection" means any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections. 7.1.8 DOUBLE CHECK VALVE ASSEMBLY: The term "double check valve assembly" means an assembly of at least two independently acting check valves including tightly closing shut-off valves on each side of the check valve assembly and test cocks available for testing the water tightness of each check valve. 7.1.9 HEALTH AGENCY: The term "health agency" means the State Water Resources Control Board, Department of Drinking Water, or the local health agency with respect to a small water system. 7.1.10 LOCAL HEALTH AGENCY: The term "local health agency" means the county or city health authority. 7.1.11 POTABLE WATER: Water deemed safe for drinking, as determined by the Health Agency and District. 7.1.12 PUBLIC WATER SYSTEM: The term "public water system" means a system for the provision of piped water to the public for human consumption which has five or more service connections or regularly serves an average of 25 individuals daily at least 60 days out of the year. 7.1.13 RECLAIMED WATER: The term "reclaimed water" means a wastewater which as a result of treatment is suitable for uses other than potable use. 7.1.14 REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE: The term "reduced pressure principle backflow prevention device" means a device incorporating two or more check valves and an automatically operating differential relief valve located between the two check valves, a tightly closing shut-off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing. 7.1.15 WATER USER: The term "water user' means any person obtaining water from an approved water supply system. 7.2 PURPOSE: The purpose of these rules is (1) to protect the public water supply against actual or potential cross connection by isolating within the premises contamination that may occur because of some undiscovered or unauthorized cross-connection on the premises; (2)to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross-connections between drinking water systems and sources of contamination; (4) to prevent the making of cross-connections in the future. These rules comply with the latest adopted State of California Administrative Code, Title 17, (Commencing with Section 7583) -Public Health entitled"Regulations Relating to Cross-Connections". It is unlawful for any person, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures being served with water by the District and any other source of water supply or to maintain any sanitary fixture or other appurtenances or fixtures; which by reason of their construction may cause or allow backflow of water or other substances into the water supply system of the District and/or the service of water pipes or fixtures of any consumer of the District. 7.3 CROSS-CONNECTION PROTECTION REQUIREMENTS: 7.3.1 GENERAL PROVISIONS: 7.3.1.1 Unprotected cross-connections with the District water supply are prohibited. 7.3.1.2 Whenever backflow protection has been found necessary, the District will require the water user to install an approved backflow prevention device by and at his/her expense for continued services or before a new service will be granted. 7.3.1.3 Whenever backflow protection has been found necessary on a water supply line entering a water user's premises, then any and all water supply lines from the District's mains entering such premises, buildings or structures shall be protected by an approved backflow prevention device. The type of device to be installed will be in accordance with the requirements of these rules. 7.3.1.4 Each time there is a change of customer(either owner or tenant) on any commercial or industrial premises, the new or previous owner or customer shall notify the District immediately. The District will then reassess the level of protection required. Also, any alterations to existing onsite facilities that may affect the level of protection required must be reported immediately to the District. Failure to report will result in termination of water service. 7.3.1.5 These provisions shall be in addition to and not in lieu of the controls and requirements of other regulatory agencies, such as local governmental agencies and local and State Health Departments. These regulations are intended to protect the District's potable water supply and are not intended to provide regulatory measures for protection of users from hazards of cross-connections within their own premises. Notwithstanding these provisions, the District accepts no responsibility for cross-connections or resulting hazards or contamination. 7.3.2 WHERE PROTECTION IS REQUIRED: 7.3.2.1 Each service connection from the District water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is accepted as an additional source by the District, and is approved by the public health agency having jurisdiction. 7.3.2.2 Each service connection from the District water system for supplying water to any premises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the District water system, which have been subjected to deterioration in sanitary quality. 7.3.2.3 Backflow prevention devices shall be installed on the service connection to any premises having (a)internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the state or local health department and the District, or(b) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connections exist. 7.3.3 TYPE OF PROTECTION REQUIRED: 7.3.3.1 The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of protective device that may be required (listing in an increasing level of protection)includes: Double Check Valve Assembly (DC), Reduced Pressure Principle Backflow Prevention Device (RP), and an Air-gap separation (AG). The water user may choose a higher level of protection than required by the District. The minimum type of backflow protection required to protect the approved water supply at the user's water connection to premises with varying degrees of hazard are given in Table 1 from latest adopted State of California Administrative Code, Title 17. Additionally, two or more services supplying water from different street mains to the same building, structure, or premises through which an inter-street main flow may occur, shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Such check valve shall not be considered adequate if backflow protection is deemed necessary to protect the District's mains from pollution or contamination; in such cases the installation of approved backflow devices at such service connections shall be required. Situations which are not covered in Table 1 shall be evaluated on a case by case basis and the appropriate backflow protection shall be determined by the District or health agency. 7.4 BACKFLOW PREVENTION DEVICES 7.4.1 APPROVED BACKFLOW PREVENTION DEVICES: Only backflow prevention devices which have been approved by the District shall be acceptable for installation by a water user connected to the District's potable water system. The District will provide, upon request, a list of approved backflow prevention devices. 7.4.2 BACKFLOW PREVENTION DEVICE INSTALLATION: Backflow prevention devices shall be installed in a manner prescribed in Section 7602 and 7603, Title 17 of the California Administrative Code. Location of the devices should be as close as practical to the user's connection and shall be installed above grade in a manner where it is readily accessible for testing and maintenance. The District shall have the final authority in determining the required location of a backflow prevention device. All backflow prevention device installations shall be in accordance with the Yorba Linda Water District Standard Specifications for Construction of Water Mains, latest edition. 7.4.3 BACKFLOW PREVENTION DEVICE TESTING AND MAINTENANCE: 7.4.3.1 The owners of any premises on which, or on account of which, backflow prevention devices are installed shall have the devices tested by a person who has demonstrated their competency in testing of these devices to the District. Backflow prevention devices must be tested at least annually and immediately after installation, relocation or repair. The District may require a more frequent testing schedule if it is determined to be necessary. No device shall be placed back in service unless it is functioning as required. A report in a form acceptable to the District shall be filed with the District each time a device is tested, relocated, or repaired. These devices shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user. 7.4.3.2 The District will supply affected water users with a list of persons acceptable to the District to test backflow prevention devices. The District will notify affected customers by mail when annual testing of a device is needed and also supply users with the necessary forms which must be filled out each time a device is tested or repaired. 7.4.3.3 The District may randomly test various backflow prevention devices at no cost to the customer. This testing will in no way relieve the customer from responsibility for maintaining functional devices, but will serve to help assure that the program is serving its intended purpose. 7.4.4 BACKFLOW PREVENTION DEVICE REMOVAL: Approval must be obtained from the District before a backflow prevention device is removed, relocated, or replaced. 7.4.4.1 REMOVAL: The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the District to verify that a hazard no longer exists or is not likely to be created in the future. 7.4.4.2 RELOCATION: A device may be relocated following confirmation by the District that the relocation will continue to provide the required protection and satisfy installation requirements. A retest will be required following the relocation of the device. 7.4.4.3 REPAIR: A device may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the District. A retest will be required following the repair of the device. 7.4.5 REPLACEMENT: A device may be removed and replaced provided the water use is discontinued until the replacement device is installed. All replacement devices must be approved by the District and must be commensurate with the degree of hazard involved. 7.4.5.1 A device that is located in a below grade vault, which has failed certification and parts for repairs are no longer available, shall be replaced and relocated above grade and the vault abandoned in accordance with District Standard Drawing W-16A. 7.4.6 EXISTING ASSEMBLY: If assembly in service is not approved backflow prevention device based on the latest standards, but was approved when installed, it may remain in service, provided it functions properly and passes testing. Assembly not recognized as approved backflow prevention device shall be removed and replaced with a currently approved backflow prevention device. 7.5 USER SUPERVISOR: At each premise, where it is necessary, in the opinion of the District, a user supervisor shall be designated by and at the expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow prevention devices and for avoidance of cross connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the District shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the District of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs. 7.6 ADMINISTRATIVE PROCEDURES 7.6.1 WATER SYSTEM SURVEY: 7.6.1.1 The District shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the District upon request for review of possible cross-connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device must be installed before service will be granted. 7.6.1.2 On-premise inspection to evaluate cross-connection hazards is a requirement under Title-17 Public Health, California Administrative Code, regulations relating to cross connections, Section 7584 (b), (c) and(d). The District will transmit a written notice requesting an inspection appointment to each affected water user. Any customer which cannot or will not allow an on premise inspection of their piping system shall be required to install the backflow prevention device the District considers necessary. 7.6.1.3 The District may, at its discretion, require a re-inspection for cross-connection hazards of any premises to which it serves water. The District will transmit a written notice requesting an inspection appointment to each affected water user. Any customer which cannot or will not allow an on premise inspection of their piping system shall be required to install the backflow prevention device the District considers necessary. 7.6.2 CUSTOMER NOTIFICATION—DEVICE INSTALLATION: 7.6.2.1 The District will notify the water user of the survey findings, listing corrective action to be taken if required. A period of 60 days will be given to complete all corrective action required including installation of backflow prevention devices. 7.6.2.2 A second notice will be sent to each water user which does not take the required corrective action prescribed in the first notice within the 60 days period allowed. The second notice will give the water user a two week period to take the required corrective action. If no action is taken within the two week period the District may terminate water service to the affected water user until the required corrective actions are taken. 7.6.3 CUSTOMER NOTIFICATION— TESTING AND MAINTENANCE: 7.6.3.1 The District will notify each affected customer when it is time for the backflow prevention device installed on their service connection to be tested. This written notice shall give the water user 30 day to have the device tested and supply the water user with the necessary form to be completed and resubmitted to the District. 7.6.3.2 A second notice shall be sent to each customer which does not have his/her backflow prevention device tested as prescribed in the first notice within the 30 day period allowed. The second notice will give the customer a two week period to have his/her backflow prevention device tested. If no action is taken within the two week period the District may terminate water service to the affected water user until the subject device is tested. 7.6.4 BACKFLOW DEVICE MONITORING FEE: For each service connection where a backflow device is required pursuant to these Rules and Regulations, a Backflow Device Monitoring Fee shall be imposed. The fee shall be levied pursuant to the latest adopted Water Development and Customer Service Fees Resolution, and shall be included on the customer's water bill. 7.7 WATER SERVICE TERMINATION: 7.7.1 GENERAL: When the District encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the District shall institute the procedure for discontinuing the District water service. 7.7.2 BASIS OF TERMINATION: Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items: 1. Refusal to install a required backflow prevention device. 2. Refusal to test a backflow prevention device. 3. Refusal to repair a faulty backflow prevention device. 4. Refusal to replace a faulty backflow prevention device. 5. Direct or indirect connection between the public water system and a sewer line. 6. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants. 7. Unprotected direct or indirect connection between the public water system and an auxiliary water system, 8. A situation which presents an immediate health hazard to the public water system. 7.7.3 WATER SERVICE TERMINATION PROCEDURES: 7.3.3.1 If one or more of the conditions defined in 6.6.2.1 to 6.6.2.4 are found the District will terminate service to a customer's premises after two written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period water service may be terminated. 7.3.3.2 If one or more of the conditions defined in 6.6.2.5 to 6.6.2.8 are found the District will take the following steps: a) Make reasonable effort to advise the water user of intent to terminate water service; b) Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the District. 7.3.3.3. Should a water service termination be determined and executed by the District, as defined in this section, the customer shall be subject to the shut-off and re-establishment of service fees found in the latest adopted Water Development and Customer Service Fees Resolution. SECTION 8: POLICY ON WATER MAIN AND SERVICE EXTENSIONS 8.1 APPLICATION: Anyone who, as owner or sub-divider of a single lot, subdivision or tract of land, desires the extension of water mains and/or connection of water service to such lot, subdivision or tract of land, shall file a written application with the District. All applicants for water service shall also comply with the Rules and Regulations for Sewer Service. 8.2 FEES, CHARGES AND EASEMENTS: Prior to the General Manager, or designee assigned by the General Manager, signing the Improvement Plans or approving an application for water service, the applicant shall dedicate all easements deemed necessary by the District and pay to the District all fees in the amount set forth in Section 3 herein. Non-District improvements (permanent, temporary or mobile) are not permitted within easement area, unless approved by the General Manager. 8.3 EASEMENT QUITCLAIM: The District will consider a customer's request to quitclaim an existing easement, provided that: 8.3.1 No existing District facilities are within the easement; or 8.3.2 Abandoned District facilities and no active facilities are within the easement; and 8.3.3 The District has no future plans to install District facilities within easement; and 8.3.4 General Manager provides approval. 8.3.5 If the issuance of a Quitclaim is approved by the District, the customer shall pay for all fees required to develop and execute the quitclaim documents, up-to 8-hours of District staff or consultant's time, based on the current rate schedule. 8.4 INSTALLATION: If, as and when applicant has complied with all requirements of the District and such other provisions of the subdivision ordinance or ordinances dealing with public improvements as may be applicable, the applicant shall have installed, in accordance with the Rules and Regulations, and Standard Plans and Specifications of the District, such mains and services which are required to provide service to the property described in the application. Applicant shall indemnify and hold the District, its Directors, officers and employees harmless from any loss or damage that may be directly occasioned by the installation of the water facilities. All main extensions shall be installed across the entire frontage of the parcel of land to be served. 8.4.1 COSTS: The cost of said installation shall be paid by the applicant, and shall include the cost of engineering, construction, land acquisition and legal services paid by applicant in connection with said installation. The applicant shall report such cost of said installation to the District in a form approved by the District, and all items such as cost of installation thus reported shall be supported by invoices or statements verified to the satisfaction of the District. 8.4.2 TITLE: Upon completion and acceptance of facilities the applicant shall transfer title of said water facilities to the District where they will become and remain the property of the District. 8.5 LOCATION, SIZE AND TYPE OF WATER MAIN AND SERVICE FACILITIES: The applicant's design engineer(shall be a civil engineer licensed by the State of California who shall directly supervise and check the plans and sign his or her name and registration number thereto), under direction of the District's Engineering Manager, shall use the latest adopted District Master Plan, and the latest version of the District's computer hydraulic model, to determine the size, type and location for all water mains in streets, alleys, and easements. The type and make of valves, fire hydrants, fittings, consumer services and all other appurtenances deemed necessary for supplying water to the property served shall conform to District Standard Plans and Specifications. 8.6 NUMBER OF APPLICANTS. An individual may file an application or two or more persons may join in an application for the extension of water mains. 8.7 APPROVAL OF WATER MAIN AND SERVICE EXTENSIONS: Each application for water main and service extension shall be given a job number, and shall require terms and conditions approved by the District's Board of Directors and Plans and Specifications approved by the General Manager. A sketch showing the extent of the facilities necessary for water service shall be prepared and the application shall identify the number of service connections and fees required for service. 8.8 APPROVAL TO CONSTRUCT WATER FACILITIES: When said applicant has complied with all requirements of the District, including payment of all fees required in Section 3 and the posting of a Guarantee Bond, and such other provisions of the subdivision ordinance or ordinances dealing with public improvements as may be applicable, the District shall approve construction of the water facilities. 8.9 CONDITION AS PREREQUISITE TO INSTALLATION OF MAINS: Water mains and fire hydrants shall not be installed until after the curbs and gutters have been constructed, excepting that an initial hydrant may be set upon the approval of the General Manager to provide construction water in compliance with Section 3 herein. Under no conditions will the applicant install water mains and fire hydrants unless streets are well defined by lot stakes, curb stakes, or visible center line stakes properly set at the land owner's expense. If after any water facility has been installed and it has to be adjusted, raised, lowered or relocated because of incorrect information as to grade of curbs, property lines, etc., all expense incurred by making the changes shall be borne by the applicant. 8.10 WATER RIGHTS DEEDED: Whenever land is to be subdivided or annexed to the District and served by District facilities any water right which may be appurtenant thereto shall be deeded to the District in consideration of the District's approving any application for District water to be placed on such tract or subdivision. Said deed to the District shall be executed before any such application shall be approved by the District. 8.11 WATER IMPROVEMENTS: Customers shall install water improvements in accordance with the latest version of the following District documents and in accordance with all laws, ordinances, rules and regulations pertaining to the conduct of the work: 8.11.1 Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities 8.11.2 Application to and Agreement with the Yorba Linda Water District for Water Service 8.11.3 Yorba Linda Water District Terms and Conditions for Water and Sewer Service SECTION 9: PROTECTION FROM DAMAGE 9.1 No unauthorized person shall maliciously, willfully, or negligently remove, change, disturb, break, damage, destroy, uncover, deface, or in any way tamper, or interfere with any facility, apparatus, appliance,property, structure, appurtenance, or equipment which is used or maintained as a part of the water works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. Tampering with potable water facilities is a Federal offense, in accordance with U.S. Code Title 42 Section 300i-1. SECTION 10: POWERS AND AUTHORITY OF INSPECTORS 10.1 The General Manager and other duly authorized employees of the District, bearing proper credentials and identification, shall, enter premises for the purposes of inspection, observations, measurement, sampling and testing in accordance with the provisions of these Rules and Regulations, provided that the property owner, or their designated representative, provides an invitation to enter premises. 10.2 The General Manager and other duly authorized employees of the District, bearing proper credentials and identification, shall be permitted to enter all private properties through which the District holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling repair and maintenance of any portion of the water and sewerage works lying within said easement, which shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. 10.3 An official District issued identification card shall be carried by all District employees, and shall be available upon request of property owner or the designated representatives, if required to enter private premises. SECTION 11: VIOLATIONS 11.1 Any person found to be violating any provision of these Rules and Regulations shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice,permanently cease all violations. 11.2 Any person who shall continue any violation beyond the time limit provided for shall have their water service subject to discontinuance. Reinstatement of water service shall be made only on correction of the violation and payment of all applicable fees. 11.3 Any person violating any of the provisions of these Rules shall become liable to the District for any expense, loss, or damage occasioned by the District by reason of such violation. SECTION 12: VALIDITY 12.1 The invalidity of any section, sentence, clause or provision of these rules shall not affect the validity of any other part of these rules which can be given effect without such invalid part. RESOLUTION NO. 16-16 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE RULES AND REGULATIONS FOR SEWER SERVICE AND RESCINDING RESOLUTION NO. 98-01 WHEREAS, the Board of Directors have, from time to time, amended the Rules and Regulations for sewer service, most recently of which was by Resolution No. 98-01; and WHEREAS, it is the desire of the Board of Directors to amend these Rules and Regulations to reflect current practice. NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That the Rules and Regulations for Sewer Service, attached as Exhibit A and by this reference incorporated herein, are hereby adopted. Section 2. That Resolution No. 98-01 is hereby rescinded immediately upon adoption of this Resolution. PASSED AND ADOPTED this 11th day of August 2016 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Resolution No. 16-15 Adopting the Rules and Regulations for Sewer Service 1 Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law LLP Resolution No. 16-15 Adopting the Rules and Regulations for Sewer Service 2 Yorba Linda Water District RULES AND REGULATIONS FOR SEWER SERVICE August 2016 TABLE OF CONTENTS Section 1................................................................................. Definition of Terms Section 2.............................................................................Policy on Public Sewers Section 3.............................................................Policy on Private Sewerage Disposal Section4......................................................................................Building Sewers Section 5.................................................................................Service Connections Section 6.....................................................................................Fees and Charges Section 7.......................................................Sewer Main Extension Application Policy Section 8....................................................................Frontage Charge Determination Section 9..........................................................................Sewer Assessment District Section 10................................Discharge of Certain Materials into Public Sewer Prohibited Section 11...........................................................................Protection from Damage Section 12.............................................................Powers and Authority of Inspectors Section13............................................................................................Violations Section14...............................................................................................Validity SECTION 1: DEFINITION OF TERMS Unless otherwise specifically defined herein, or unless the context requires a different meaning, all words, terms and phrases shall be construed according to their ordinary meaning. Unless the context specifically indicates otherwise, the meaning of terms used in these Rules and Regulations shall be as follows: 1.1 ADOPTED: Adopted by the Yorba Linda Water District Board of Directors. 1.2 APPLICANT: A person applying for public sewer service. 1.3 BOARD OF DIRECTORS or BOARD: The Board of Directors of the Yorba Linda Water District. 1.4 BUILDING SEWER: The extension from the building drain to the public House Sewer connection or other place of disposal. 1.5 BUILDING SEWER PERMIT: The permit issued by any governmental agency, other than the District, for installation of the building sewer. The building sewer permit does not include permission to connect to District public sewer facilities. 1.6 COMBINED SEWER: A sewer receiving both surface run off and sewerage. 1.7 CONTRACTOR: A person licensed by the State of California to construct public sewer mains. 1.8 CUSTOMER: An individual or Agency of record receiving public sewer service from the Yorba Linda Water District. 1.9 DISTRICT: The Yorba Linda Water District. 1.10 DISTRICT ENGINEER OR ENGINEER: The engineer of the District or their authorized agents, limited by the particular duties entrusted to them. 1.11 EASEMENT: A property right for the District to use and/or enter onto the real property of another to install, construct, reconstruct, remove, inspect, maintain, repair, replace, improve, relocate a pipeline or pipelines, or other District improvements. 1.12 FRONTAGE: The length of that side of the property to which service connection is made. 1.13 GARBAGE: The solid waste from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. 1.14 GENERAL MANAGER: The person appointed by the Board of Directors of the District as the executive officer of the District. 1.15 INDUSTRIAL WASTE: The liquid waste from industrial manufacturing processes, trade, or business as distinct from public sewerage. 1.16 ORANGE COUNTY SANITATION DISTRICT (OCSD): The regional public agency that provides wastewater collection, treatment and disposal services for central and northwest Orange County, including Yorba Linda Water District. 1.17 NATURAL OUTLET: Any outlet into a water course, conduit, lake, or other body of surface or ground water. 1.18 PERSON: Any individual, firm, company, association, society, corporation, group, agent or agency. 1.19 PLANS: Detailed design sheets with plan and profile of proposed sewer construction shown in sufficient detail so that it can be constructed. 1.20 PREMISES: The integral property or area, including improvements thereon, to which public sewer service is or will be provided. 1.21 PRIVATE SEWER DISPOSAL SYSTEM: Includes septic tank system, cesspool, seepage pit, leach/drain field, or other sewer disposal system appurtenance(s). 1.22 PRONOUNS: Words used herein in the masculine gender include the feminine and neuter, and vice versa; the singular number includes the plural, and the plural the singular. 1.23 PUBLIC SEWER: authority wastewater collection and conveyance system owned and operated by the District. 1.24 SECTIONS: The parts into which these rules are divided. 1.25 SERVICE CONNECTION: The tapping connection to the public sewer, the pipe installed in the street or easement which extends from the public sewer to the property line in the case of streets or to the easement side line in the case of easements, and the connection to the building sewer, said connection being at the property line or easement side line.. 1.26 SEWAGE: A combination of the water carried waste from residences, businesses, buildings, institutions, and industrial establishments, together with such ground, surface and storm waters as may be present. 1.27 SEWER CONNECTION PERMIT: The permit issued by the District for connection to District public sewer facilities. 1.28 SEWER MAIN EXTENSION: The additions to the public sewer required serving property not currently connected to the public sewer. 1.29 SEWER MAINS: Public sewer pipelines which are part of the public sewer. 1.30 "SHALL": is mandatory, "May" is permissive. 1.31 SPECIFICATIONS: The Standard Plans and Specifications for the Construction of Sewers in the Yorba Linda Water District. 1.32 SUSPENDED SOLIDS: Solids that either float on the surface of, or in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. 1.33 TRUNK SEWER: A sewer main, the builder of which is eligible for reimbursements because the cost of construction exceeded the "average" expected cost of a sewer main to serve the property due to a larger diameter, greater depth or special routing, etc., is required by the District to meet the public sewer Master Plan. 1.34 UNDERGROUND SERVICE ALERT: "USA" is an information center that notifies its members of impending excavation at or near their underground installations. California law makes it mandatory for all those who plan to do any digging or excavating to inform a regional notification center such as USA at least two days in advance. USA can be contacted at 1-800-422-4133. SECTION 2: POLICY ON PUBLIC SEWERS 2.1 All residences and all other developments within the District boundaries shall connect to public sewers, as noted in Section 2 of this document. 2.2 It shall be deemed adverse to the public good for any person to place, deposit, or permit to be deposited in any unsanitary manner on any public or private property within the District or any area under the jurisdiction of the District, any human or animal excrement, hazardous material, garbage, or other objectionable wastes. 2.3 Except as hereinafter provided in Section 3 hereof, it shall be deemed adverse to the public good to construct or maintain any privy,privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. 2.4 The owner of all houses, buildings, or property used for human occupancy, employment, recreation, or other purposes, situated within the District and abutting on any street, alley, or right of way in which there is now located or may in the future be located a public sewer operated by the District, shall install suitable toilet facilities therein, and to connect such facilities directly to the public sewer pursuant with the intent of the District's sewer master plan and according to the provisions of these Rules and Regulations. 2.5 All applicants for public sewer service shall also comply with the Rules and Regulations of the Yorba Linda Water District with regard to the rendition of water service. 2.6 No unauthorized person shall uncover, make any connections to, or opening into, use, alter, or disturb any sewer mains or service connection pipeline without first obtaining an approved"Sewer Connection Permit" from the District. 2.7 The District may, from time to time, contract to provide for sewer services. Except as provided for in any adopted contract these Rules and Regulations shall apply. 2.8 Sewer service shall be provided in accordance with Resolution No. 06-04. 2.9 Customers shall install sewer improvements in accordance with the latest version of following District documents and in accordance with all laws, ordinances, rules and regulations pertaining to the conduct of the work: 1. Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities 2. Application to and Agreement with the Yorba Linda Water District for Sewer Service 3. Yorba Linda Water District Terms and Conditions for Water and Sewer Service SECTION 3: PRIVATE SEWER DISPOSAL SYSTEMS PROHIBITED 3.1 Where a public sewer is not available under the provision of these Rules and Regulations, a building may be connected to a private sewer disposal system complying with the rules and regulations of the agency having jurisdiction over such disposal systems. 3.2 If a property has a septic system that was in place and operational before the construction of a public sewer fronting that property, and if that septic system continues to operate with no problems, that septic system may continue to serve that property until such a time that replacement is required according to Section 3.3 hereof. 3.3 A property is required to connect to the public sewer, extended along the entire frontage of the property (at the discretion of the District), when gravity flow to the public sewer is possible in accordance with the specifications and such public sewer is within 200 feet - at a distance measured from the sewer main terminus, parallel to the street or easement, and perpendicular into private sewer disposal system or building, whatever is closer to, when: 1. A private sewer disposal system is failing and must be rehabilitated, replaced or altered. 2. A private sewer disposal system is determined, by the City of Yorba Linda, to have insufficient capacity, as a result of any proposed building improvements and/or additions. 3. A property served by a private sewer disposal system is subdivided into two or more parcels. 4. A proposed building that includes one or more bedrooms, or an existing building with a proposed bedroom addition. Orange County Sanitation District(OCSD) Ordinance Number OCSD-40 defines a bedroom addition as: "enclosed loft additions, bonus rooms that may be used as offices, workout rooms, media rooms or libraries, or any other additions, which could be potentially used as a bedroom." 3.4 At such time as an existing approved private sewer disposal system fails, the property shall connect to the public sewer if the public sewer is available to the property according to these rules. The property owner shall apply for a direct connection public sewer in compliance with these Rules and Regulations; and any septic tanks, cesspools, and similar private sewerage disposal facilities, shall be abandoned and filled with suitable material in accordance with the rules and regulations of the agency having jurisdiction over such private sewerage disposal facilities. 3.5. If a private sewer disposal system fails and there is an existing public sewer (or private lateral) within 200-feet or within their frontage, but the building pad elevation prevents gravity flow to the public sewer(or private lateral), the owner may deliver sewage to the public sewer by use of a private sewer pump system. The sewer pump system shall consist of dual pumps with an alarm to notify of pump failure. The District shall have no responsibility to operate or maintain the private sewer pump system and shall not be liable for any damages resulting from a failure of the private sewer pumping system to operate as intended. SECTION 4: BUILDING SEWERS 4.1 A building sewer permit and excavation permit shall be obtained from the appropriate public agency having jurisdiction prior to construction. 4.2 An applicant to connect to the public sewer shall be responsible for costs and expenses incident to the installation and connection of the building sewer. Applicant shall indemnify the District, and shall be fully responsible for all private plumbing, including the sewer lateral, up to the District's sewer main. 4.3 The building sewer shall conform to the requirements of the Building and Plumbing Code of the appropriate agency having jurisdiction. 4.6 The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code and the District specifications. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the District Engineer before the installation. 4.7 A sewer backflow prevention valve shall be installed on all sewer service connections where the upstream sewer manhole rim elevation is higher than the pad elevation of the structure desiring sewer service and shall conform to the requirements of the Building and Plumbing Code of the appropriate agency having jurisdiction. 4.8 The applicant for the building sewer permit shall notify the District when the building sewer is ready for inspection and connection to the public sewer. Connection shall be made under the supervision of the District Engineer or his representative. 4.9 All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, parkways, sidewalks, and other public property disturbed in the course of the work shall be restored in the manner satisfactory to the agency having jurisdiction. SECTION 5: SERVICE CONNECTIONS 5.1 Application for a service connection shall be made on an approved form furnished by the District. This application shall specify the size of service, the location and acreage of the property to be served, and the type of service. The information supplied by the applicant on such application shall be considered as authority and final. If any error in such application shall cause the installation of a service connection that is improper whether in size or location, the costs of all changes required shall be borne by the applicant. 5.2 All costs and expenses incident to the installation of the service connection shall be borne by the applicant. Applicant shall indemnify and hold the District, its Directors, officers and employees harmless from any loss or damage that may be directly or indirectly occasioned by the installation of the service connection. 5.3 All sewer service connections shall be installed by a contractor licensed by the State of California to construct sewer mains. 5.4 The service connection shall conform to the requirements of the Standard Plans and Specifications of the District. 5.5 A sewer backflow prevention valve shall be installed on all sewer service connections where the upstream sewer manhole rim elevation is higher than the pad elevation of the structure desiring sewer service and shall conform to the requirements of the Building and Plumbing Code of the appropriate agency having jurisdiction. 5.6 All service connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the District Engineer before the installation. 5.7 The applicant or their contractor shall notify Underground Service Alert (USA) at least 48 hours in advance of any digging or excavating. 5.8 The applicant for the Sewer Connection Permit shall notify the District when the service connection is ready for inspection and connection to the public sewer. Connection shall be made under the supervision of the District Engineer or his representative. 5.9 All excavations for service connections shall be adequately guarded so as to conform to OSHA requirements to protect the public from hazard. Streets, parkways, sidewalks, and other public property disturbed in the course of the work shall be restored in the manner satisfactory to the agency having jurisdiction. 5.10 When the proper application for public sewer service has been signed, a service connection permit has been issued; the charge for public sewer service shall begin. If water service and public sewer service are not required when the sewer service connection is installed, the applicant must order the water service be shut off and sealed to avoid the charge for public sewer service and when the service is required, he must make proper application for service. 5.11 Each house or building under separate ownership must be provided with its own service connection or connections. Two or more houses or buildings with one owner and on the same lot or parcel of land may be supplied through one service connection or a separate service connection may be installed for each building. 5.12 Two or more houses or buildings with one owner and on the same lot or parcel of land, with two or more separate potable water meters, may be supplied through one service connection or a separate service connection may be installed for each building; however, under this scenario, the customer shall be responsible for paying the current sewer rates for each individual house or building, pursuant to the latest adopted Sewer Development and Customer Service Fees Resolution. 5.13 The District reserves the right to limit the number of houses, buildings, or area of land with one owner to be supplied by one service connection. 5.14 When property provided with a service connection is subdivided, the service connection shall be considered as belonging to the lot or parcel of land which lies closest to the connection and the lot or parcel of land which lies farthest away from the connection will be required to obtain a new connection in accordance with these Rules and Regulations. 5.15 A service connection shall not be used to supply adjoining property of a different owner or to supply property of the same owner on opposite sides of a street or alley. 5.16 District approval is required prior to the installation or extension of a service connection across or through any private property. SECTION 6: FEES AND CHARGES 6.1 A service charge shall be imposed on a property within the District desiring to connect to or participate in the public sewer system shall be pursuant to the latest adopted Sewer Development and Customer Service Fees Resolution. 6.2 SERVICE CHARGE: A charge determined by multiplying area of the property (calculated to the nearest square foot and including that portion of the property to the centerline of all adjacent streets)by the Service Charge Rate for the particular Drainage Area in which the property is located, pursuant to the latest adopted Sewer Development and Customer Service Fees Resolution. The Service Charge is a fee for use of trunk, sub- trunk, and principal lateral sewer mains. 6.3 FRONTAGE CHARGE: The frontage charge, as calculated in Section 8, shall be applicable to property which has not paid for an existing sewer main across the frontage of the property, or in some cases, extended to edge of their property. The frontage charge is determined to be the highest dollar amount of the following three calculated conditions: 6.3.1 A charge determined by multiplying the front footage of the property by the per linear foot Frontage Charge Rate, pursuant to the latest adopted Sewer Development and Customer Service Fees Resolution. The front footage shall generally be based on the length of that side of the property to which service connection is made, including the distance to the centerline of adjacent cross streets, if any. 6.3.2 The refund amount calculated and determined by the District, for developer or District-installed public sewer facilities, if any. The Frontage Charge Rate shall be equal to the "final cost of installation of the street sewer main" as determined in Section 8.3.4 of these Rules and Regulations, divided by the"probable number of service connections to the on-site lateral sewer main" as determined in Section 8.4. 6.3.3 The minimum Frontage Charge Rate, pursuant to the latest adopted Sewer Development and Customer Service Fees Resolution. 6.4 ADMINISTRATIVE FEE: An Administrative Fee shall be imposed on a per job basis for each application for service. The Administrative Fee shall be pursuant to the latest adopted Sewer Development and Customer Service Fees Resolution. 6.5 PLAN CHECK FEE: A Plan Check Fee shall be imposed on a per connection basis for each service connection identified in the application for service. The Plan Check fee shall be pursuant to the latest adopted Sewer Development and Customer Service Fees Resolution. 6.6 INSPECTION FEE: An Inspection Fee shall be imposed on a per connection basis for each service connection identified in the application for service. The Inspection Fee shall be pursuant to the latest adopted Sewer Development and Customer Service Fees Resolution. 6.7 RECORDS AND BILLING FEE: A Records and Billing Fee shall be imposed on a per connection basis for each service connection identified in the application for service. The Records and Billing Fee shall be pursuant to the latest adopted Sewer Development and Customer Service Fees Resolution. 6.8 SINGLE SERVICE FEE: A Single Service Fee shall be imposed on a service connection, to a single lot where the sewer main already exists and where, in the District's judgment, it is not necessary to process an application for service. The Single Service Fee shall be pursuant to the latest adopted Sewer Development and Customer Service Fees Resolution. 6.9 GIS DATA CONVERSION FEE: A GIS Data Conversion Fee shall be imposed for each individual job, for each application and shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 6.10 SEWER METERS: Under special circumstances, at the discretion of the District, sewer effluent may be metered and the applicant for such public sewer service shall pay to the District the cost of the installation and the cost of such metering device as may be required by the District. All such metering devices shall be read monthly and the customer shall be billed monthly for the public sewer service at the effluent discharge rate pursuant to the latest adopted Sewer Development and Customer Service Fees Resolution. Any applicant for such public sewer service, in lieu of compliance with requirements of an effluent metering device as provided in Section 6.10, may elect to pay for such public sewer service at the effluent discharge rate as applied to the quantity of water measured by the water meter provided for such property to be billed at the time of billing by the District for such water service, pursuant to the latest adopted Sewer Development and Customer Service Fees Resolution. 6.11 MONTHLY SEWER MAINTENANCE CHARGE: All residential single family homes, residential multiple unit dwellings and commercial/industrial customers shall pay a monthly sewer maintenance charge pursuant to the latest adopted Resolution Setting Sewer Rates. A Maintenance Charge shall be affixed against all water service connections within the District's boundary that are also connected to the District sewer system. The charge affixed shall be collected as a part of the water bill for those customers that receive water service from the District. For customers that are connected to the District sewer system and do not receive water service from the District, the sewer maintenance charge will be collected by billing on the County property tax bill for the property receiving sewer service. For all customers, the rate shall be pursuant to the latest adopted Sewer Maintenance Charge Resolution. 6.12 FEES, CHARGES AND EASEMENTS: Prior to the General Manager, or designee assigned by the General Manager, signing the Improvement Plans or approving an application for sewer service, the applicant shall dedicate all easements deemed necessary by the District and pay to the District all fees in the amount set forth herein. Non-District improvements (permanent, temporary or mobile) are not permitted within easement area, for all other sewer customers in this category who use water meter reading, the rate shall be pursuant to the latest adopted Sewer Maintenance Charge Resolution. SECTION 7: SEWER MAIN EXTENSION APPLICATION POLICY 7.1 Any applicant, who as owner or sub-divider of a single lot, subdivision, or tract of land, shall construct sanitary sewer facilities, to such lot, subdivision or tract of land, in accordance with these Rules and Regulations and the latest adopted District's Sewer Master Plan and, shall file a written application with District. 7.2 An individual may file an application, or two or more persons may join in an application for the extension of public sewer mains. 7.3 The application shall include, in addition to the information required in Section 5.1, the proposed or desired location of public sewer mains and other pertinent engineering data so as to enable the District to determine the conformance of the proposed public sewer main extension with the Standard Plans and Specifications of the District. 7.4 All extensions of public sewer mains shall require Terms and Conditions approved by the Board of Directors, and plans and specifications approved by the General Manager and the District Engineer. 7.5 If and when said applicant has complied with all requirements of the District, including the payment of all fees required in Section 6 and the posting of a Guarantee Bond, and such other provisions of the subdivision ordinance or ordinances dealing with public improvements as may be applicable, the District shall approve construction of the sewer main extension. 7.6 The applicant for the sewer main extension shall notify the District at least two working days prior to the start of construction of the sewer main extension. Construction shall be done under the inspection of the District Engineer or his representative. 7.7 It is the District policy not to make a direct frontage charge against any property owner or owners for easements which have previously been acquired by or for the benefit of the District from said property owner or owners for extension of the District's facilities. 7.8 Refer to Section 5 for additional conditions. SECTION 8: FRONTAGE CHARGE DETERMINATION 8.1 All property within the District for which application is made for public sewer service from a street sewer main, which main can provide public sewer service to property in addition to the property described in the application for such public sewer service shall pay an Administration Fee, Records and Billing Fee, Plan Check Fee, Inspection Fee and service charges as identified in Section 6,pursuant to the Sewer Development and Processing Fees Resolution. 8.2 FRONTAGE CHARGE: A charge equal to the "final cost of installation of the on-site lateral sewer main" as determined in Section 8.3.4 of these Rules and Regulations, divided by the "probable number of service connections to the on-site lateral sewer main" as determined in Section 8.4, but not less than the Frontage Charge as described in Section 6, pursuant to the Sewer Development and Processing Fees Resolution. 8.3 All applicants who desire public sewer service to property within the District or who must construct, at the expense of the applicant, on-site lateral sewer mains which can provide public sewer service to property in addition to that property described in the application for public sewer service to such property, shall enter into an agreement with the District which provides as follows: 8.3.1 That applicant shall have installed, in accordance with these Rules and Regulations, and Standard Plans and Specifications of the District, those public sewer facilities required to provide service to the property described in such application. 8.3.2 That the cost of said installation shall be paid by the applicant, and shall include the cost of engineering, the sewer contractor's invoice cost, the land acquisition and legal cost, and the plan check and inspection charges paid by applicant in connection with said installation. 8.3.3 That the applicant shall report such cost of said installation to the District in a form approved by the District and all items of such cost of installation thus reported shall be supported by invoices or statements verified to the satisfaction of the District. 8.3.4 That the "final cost of installation of the street sewer main" shall be the cost of said installation as verified by the District plus an allowance for the overhead of the applicant as determined by the Board of Directors of the District, but not to exceed 15% of the cost of said construction. 8.3.5 That the applicant shall transfer title of said public sewer facilities to the District in accordance with these Rules and Regulations. 8.4 In the event the cost of said installation exceeds the Frontage Charge, said excess amount shall be subject to a refund contract between the District and the applicant. The refund contract shall provide as follows: 8.4.1 That the District shall collect Frontage Charges from all properties later connecting to on-site lateral sewer main, and said frontage charges shall be paid to those parties entitled to refunds pursuant to these Rules and Regulations. 8.4.2 That such refunds shall be paid from the frontage charges collected by the District without interest; and that if the District fails to charge and collect said sums, the District shall make such refunds from other District funds. 8.4.3 That the District shall calculate and determine the amount of such refund as follows: 1. The District shall determine the probable number of service connections which will be made to the on-site lateral sewer main. This number shall not include those connections which, though possible, are doubtful at the time of application. 2. In the event the actual number of service connections to said on-site lateral sewer main exceeds such probable number of service connections to said on-site lateral sewer main, the frontage charge shall be determined by the following formula: F=T/N. Where F is the Frontage Charge; T is the final cost of installation; N is the actual number of service connections including the connection for which the frontage charge is to be determined. 3. All sums collected with respect to a particular on-site lateral sewer main shall be paid only to the applicant who was required to construct said on-site lateral sewer main until such time as all of such refunds to which said applicant is entitled hereunder have been paid. 4. All right to such refunds and all duty of the District to collect such frontage charges with which to pay such refunds hereunder shall terminate on the date thirty (30) years after the date on which the application for service is dated. 8.4.4 In the event the actual number of service connections to said on-site lateral sewer main exceeds the probable number of service connections to said on-site lateral sewer main refunds shall be made as follows: 8.4.4.1 The amount of refund shall be determined in accordance with the following formula: R= F/(N-1). Where R is the amount of the refund per connection; F is the Frontage Charge; N is the actual number of service connections including the connection for which the frontage charge was collected. 8.4.4.2 Such refund shall be made to the applicant who had installed the on-site lateral sewer main for the property owned at the time of installation and refund shall be made to the owner of the real property at the time of refund for any other real property which obtained public sewer service from said on-site lateral sewer main after the time of installation. 8.4.4.3 The term "on-site lateral sewer main", as used in these Rules and Regulations of the District shall mean a sewer main that has not been established by the District as a trunk sewer, sub-trunk sewer, or principal lateral sewer main. SECTION 9: SEWER ASSESSMENT DISTRICT 9.1 The District recognizes that there are certain areas within the District that, because of location, topography or size of parcels, have been unable to take advantage of public sewers as has the majority of the District and have therefore remained undeveloped and have not contributed proportionately to the financial growth and strength of the District. The District will examine these cases at the request of the proponents and make findings as to whether or not the District chooses to participate in financing construction of trunk sewer facilities. If, in the Board of Directors opinion, it is advantageous for the District to participate financially in trunk construction the Board may, at its discretion, choose to do so in accordance with Section 9 of these Rules and Regulations. 9.2 A preliminary feasibility report shall be prepared for areas capable of public sewer service from a common line whose proponents desire to have the District participate in the financing. If the area requesting participation is at least 15 acres or larger, whether contiguous or not, proponents shall prepare the preliminary study, or may request the General Manger to prepare such preliminary report. If the area is less than 15 acres, whether contiguous or not, the proponents may request the General Manager to undertake a preliminary study and if the Board determines that the proposal has sufficient merit it may authorize the General Manager to cause such study to be prepared. 9.3 Upon the receipt of a preliminary report, the Board shall appropriately notify the proponents and permit them an opportunity to comment thereon. The Board may thereafter approve and adopt said preliminary report and authorize the District's financial participation in the project upon the following general conditions: 9.3.1 That the District will be the contracting agency for approval of the plans and specifications, advertising for bids, receipt of bids, award of contract, supervision of contract, construction inspection and final acceptance. 9.3.2 That all funds to be contributed by any participants, other than District, shall be deposited with the District in full prior to award of any construction contract. The Board will require payment of all fees for Plan Check and Inspection. 9.3.3 That all refund monies to which the project might be entitled, by priority or otherwise, are irrevocably assigned to the District until the District has been refunded in full for all its monies advanced or charges owed by said project. Thereafter, any refund monies shall be paid to those entitled thereto pursuant to these Rules and Regulations. 9.3.4 In addition to a charge of five per cent(5%) of the total project cost for overhead and office work, the project shall pay to the District an interest charge on the District's contributions to the project equal to the cost of such money, or equivalent money, to the District. There shall also be collected a pro-rated sum for the cost of any general engineering, aerial survey, mapping, or other work which the District may have done to assist the promotion of this project. 9.3.5 That the proponents will contribute a sum per acre pursuant to the Sewer Development and Processing Fees Resolution, for each acre of property they are including within the project for offsite public sewer trunk improvements. The District's participation shall not exceed fifty per cent (50%) of the total project cost without a specific finding by the Board as to the general benefit to the District of such higher participation. 9.4 Upon the approval and adoption of a project, the Board may undertake its completion as called for in a contract or contracts entered into for such purpose. The General Manager is hereby directed upon such approval, to notify all other property owners, as they appear on the last equalized assessment roll, potentially benefiting by such project, of its adoption and inviting them to participate. No delay in the accomplishment of a project is contemplated by late participants. SECTION 10: DISCHARGE OF CERTAIN MATERIALS INTO PUBLIC SEWER PROHIBITED 10.1 Discharge into public sewer shall be in accordance with the latest adopted Ordinance of the Board of Directors of Orange County Sanitation District Establishing Wastewater Discharge Regulations. 10.2 Fats, Oils and Grease Control regulation shall be in accordance with the latest adopted District Ordinance for Fats, Oils and Grease Control Regulations, as applicable to food service establishments. 10.3 The customer is responsible for maintaining and repairing, at their own expense, the entire connection line from the building or proposed building to the main line in the street. If sewer leakage actually, or potentially, creates a public health hazard, and the customer does not pursue repairs, the District, at its discretion, may repair or have repaired the customer's portion of the connection line; the District will, in turn, bill the responsible party or agent for the property of said connection line for the cost of the repair, maintenance or cleaning plus 20% of the invoice amount for administrative staff time, oversight of the repair, maintenance or cleaning work and staff time to process billing to the customer. SECTION 11: PROTECTION FROM DAMAGE 11.1 No unauthorized person shall maliciously, willfully, or negligently remove, change, disturb, break, damage, destroy, uncover, deface, or in any way tamper, or interfere with any facility, apparatus, appliance,property, structure, appurtenance, or equipment which is used or maintained as a part of the sewerage works. Any person violating this provision shall be subject to arrest and prosecution. SECTION 12: POWERS AND AUTHORITY OF INSPECTORS 12.1 The General Manager and other duly authorized employees of the District, bearing proper credentials and identification, shall enter premises for the purposes of inspection, observations, measurement, sampling and testing in accordance with the provisions of these Rules and Regulations, provided that the property owner, or their designated representative, provides an invitation to enter premises. 12.2 The General Manager and other duly authorized employees of the District, bearing proper credentials and identification, shall be permitted to enter all private properties through which the District holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling repair and maintenance of any portion of the sewerage works lying within said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. 12.3 An official District issued identification card shall be carried by all District employees, and shall be available upon request of property owner or their designated representative, if District employee is required to enter private premises. SECTION 13: VIOLATIONS 13.1 Any person found to be violating any provision of these Rules and Regulations shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice,permanently cease all violations. 13.2 Any person who shall continue any violation beyond the time limit provided for shall have their water service subject to discontinuance. Reinstatement of water service shall be made only on correction of the violation and payment of all applicable fees. 13.3 Any person violating any of the provisions of these Rules shall become liable to the District for any expense, loss, or damage occasioned by the District by reason of such violation. SECTION 14: VALIDITY 14.1 The invalidity of any section, sentence, clause or provision of these rules shall not affect the validity of any other part of these rules which can be given effect without such invalid part. ITEM NO. 8.2 AGENDA REPORT Meeting Date: August 11, 2016 Budgeted: N/A To: Board of Directors Funding Source: N/A From: Marc Marcantonio, General Manager Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Alex Thomas, Water Quality CEQA Compliance: N/A Engineer Subject: 2016 Public Health Goals Report SUMMARY: Attached is a copy of the District-prepared Public Health Goals Report (PHG). California law mandates that the District prepare a PHG report every three years if any water quality measurements have exceeded any PHG levels or Maximum Contaminant Level Goals(MCLGs). The report provides information to the public about the occurrence of constituents in the public water supply, the health risks associated with the contaminant, and the approximate cost to totally eliminate any trace of contaminant regardless of how minimal the risk might be. PHG levels and MCLG levels are not enforceable standards and no action to meet them is required. STAFF RECOMMENDATION: That the Board of Directors: (1) approve the 2016 Public Health Goals Report; (2) authorize staff to notice the public of its availability for review and comment; and (3) schedule a public hearing to respond or accept public comments during the regular Board meeting on September 22, 2016. DISCUSSION: California Code of Regulations' Health and Safety Code Section 116470 (b) mandates that the District, as an agency with more than 10,000 service connections, prepare a Public Health Goals Report commencing July 1, 1998 and thereafter, every three years if any water quality measurements exceed any Public Health Goal levels or Maximum Contaminant Level Goal levels. The law requires the Public Health Goals Report to address substances in the water that are above Public Health Goals (PHGs) levels established by the California Office of Environmental Health Hazard Assessment (OEHHA). For substances where OEHHA has not set a PHG, the United States Environmental Protection Agency Maximum Contaminant Level Goals (MCLGs) apply. PHGs and MCLGs are not enforceable standards and no action to meet them is required. Only five (5) water constituents (total coliform, copper, arsenic, uranium and gross alpha) were detected that exceeded their PHGs and MCLGs. It should be noted that none of the water constituents detected exceeded the enforceable drinking water standards. The law also requires the governing Board to officially accept the Public Health Goals report, notify the public of its availability for review and hold a public hearing to respond to and/or accept public comments. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors accepted and filed the 2013 Public Health Goals Report in a public hearing conducted on June 27, 2013. On May 23, 2013 the Board of Directors approved the final draft of the 2013 Public Health Goals Report and authorized staff to notify the public of its availability for review and comment. ATTACHMENTS: Name Description: Type: DRAFT 2016 Public Health Goals Rer)ort.r)df DRAFT-2016 Public Health Goals Report Backup Material YL 2016 PUBLIC HEALTH GOALS REPORT Board of Directors Ric Collett, President p. Michael J. Beverage,Vice President GaryT. Melton, Director Phil Hawkins, Director Robert R. Kiley, Director - 7� General Manager Marc Marcantonio Ord June 2016 Yorba Linda Water District 1717 E. Miraloma Ave., Placentia, CA 92870 714.701.3000 1 www.ylwd.com ® Yorba Linda Water District Background Provisions of the California Health and Safety Code Section 116470 (b) specify that water utilities with more than 10,000 connections prepare a special report by July 1, 2016 if their water quality measurements have exceeded any Public Health Goals (PHGs). PHGs are non-enforceable goals established by the California Environmental Protection Agency's (Cal-EPA) Office of Environmental Health Hazard Assessment (OEHHA). The law also requires that where OEHHA has not adopted a PHG for a constituent, the water suppliers are to use the Maximum Contaminant Level Goals (MCLGs) adopted by the United States Environmental Protection Agency (USEPA). Only constituents which have a California primary drinking water standard and for which either a PHG or MCLG has been set are to be addressed. There are a few constituents that are routinely detected in water systems at levels usually well below the drinking water standards for which no PHG nor MCLG has yet been adopted by OEHHA or USEPA including Total Trihalomethanes. These will be addressed in a future required report after a PHG has been adopted. If a constituent was detected in the District's water supply between 2013 and 2015 at a level exceeding an applicable PHG or MCLG, this report provides the information required by the law. Included is the numerical health risk associated with the MCL and the PHG or MCLG, the category or type of risk to health that could be associated with each constituent, the best treatment technology available that could be used to reduce the constituent level, and an estimate of the cost to install, operate and maintain that treatment if it is appropriate or feasible. Public Health Goals and Drinking Water Standards To help keep drinking water safe, the California Legislature passed the Calderon-Sher Safe Drinking Water Act of 1996. This law requires the State Water Resources Control Board Division of Drinking Water (SWRCB-DDW) to regularly test drinking water supplies and set drinking water standards known as the Maximum Contaminant Levels (MCLS). The Act also requires the Office of Environmental Health Hazard Assessment (OEHHA) to develop Public Health Goals for contaminants in California's publicly supplied drinking water. Public water utilities with more than 10,000 service connections are required to prepare a Public Health Goals report starting July 1, 1998 and every three years thereafter if any water quality measurements exceed any of the OEHHA's Public Health Goals (PHGs) or USEPA's Maximum Contaminant Level Goals (MCLGs). 2016 Public Health Goals Report 2 June 2016 ] Water Yorba Linda District What is a Public Health Goal? A PHG is the level of a chemical contaminant in drinking water that does not pose a significant risk to health. PHGs are not regulatory standards; however, state law requires SWRCB-DDW to set drinking water standards for chemical contaminants as close to the corresponding PHG as is economically and technically feasible. In some cases, it may not be feasible for SWRCB-DDW to set the drinking water standard for a contaminant at the same level as the PHG. The technology to treat the chemicals may not be available, or the cost of treatment may be very high. SWRCB-DDW must consider these factors when developing a drinking water standard. Appendix 1 is a list of California's PHGs and Appendix 2 is a list of the Federal MCI-Gs. Included in the appendices are the test results for YLWD for the years 2013-2015. If a constituent was detected in the District's water supply from years 2013 to 2015 at a level exceeding an applicable PHG or MCLG, this report provides the information required by law. Also included in this report is the numerical public health risk associated with the PHG and/or MCLG, the category or type of risk to health that could be associated with the constituent, the best treatment technology available that could be used to reduce the constituent level, and an estimate of the cost to install that treatment, if appropriate and feasible. The purpose of the law is to give water system customers access to information on levels of contaminants even below the enforceable mandatory drinking water standard known as Maximum Contaminant Levels (MCLS). In addition, the law intends to provide an idea of the cost to totally eliminate any trace of the contaminant from drinking water regardless of how minimal the risk might be. This required report is unique to California. How does OEHHA Establish a Public Health Goal? The process for establishing a PHG for a chemical contaminant in drinking water is very rigorous. OEHHA scientists first compile all relevant scientific information available, which includes studies of the chemical's effect on laboratory animals and studies of humans who have been exposed to the chemical. The scientists use data from these studies to perform a health risk assessment, in which they determine the levels of the contaminant in drinking water that could be associated with various adverse health effects. In performing the health risk assessment, OEHHA considers the following factors: 2016 Public Health Goals Report 3 June 2016 ] Water Yorba Linda District • Certain groups of people, such as pregnant women, young children, the elderly or persons with pre-existing illnesses, who may be especially susceptible to the chemical's adverse effects. The PHG must consider health effects on individuals in these groups. • Accumulated effects of exposure to the chemical from other sources, such as food, air and soil; as well as and other forms of drinking water, such as showering. • The chemical's potential to interfere with bodily functions in a way that increases the risk of chronic health problems, such as liver damage. • Possible synergistic effects from the combined exposure to the chemical in question with other chemicals, which may further increase health risks. PHGs Set at Levels That Protect Human Health When calculating a PHG, OEHHA uses all the information it has compiled to identify the level of the chemical in drinking water For carcinogens, OEHHA that would not cause significant adverse health effects in establishes the PHG at the people who drink that water every day for 70 years. OEHHA "one-in-one-million" risk assumes that an adult will drink two liters of water per day and level. At that level, not more a child will drink one liter per day. OEHHA must also consider than one person in a any evidence of immediate and severe health effects when population of one million setting the PHG. people drinking 2 liters of water daily for 70 years Water Quality Data Considered would be expected to All of the water quality data collected by the District in the develop cancer as a result of years 2013, 2014, and 2015 for purposes of determining exposure to that chemical compliance with drinking water standards were considered. through drinking water. I This data was also summarized in the District's latest 2016 For chemicals that cause Annual Water Quality Report, also known as Consumer health effects other than Confidence Report available on the District's website. cancer, OEHHA sets the PHG Guidelines Followed at a level that is not expected to cause any toxic effects, The Association of California Water Agencies (ACWA) formed a including birth defects and workgroup which prepared guidelines for water utilities to use chronic illness. l in preparing these newly required reports. The ACWA guidelines were used in preparation of this report. No guidance was available from state regulatory agencies. 2016 Public Health Goals Report 4 June 2016 ] Water Yorba Linda District Best Available Treatment Technologies and Cost Estimates Both the USEPA and SWRCB-DDW adopted what are known as Best Available Technologies (BATS). BATS are the best known methods of reducing contaminant levels to below MCL. Costs can be estimated for such technologies. However, since many PHGs and all MCLGs are set much lower than the MCL, it is not always possible or feasible to determine what treatment is needed to further reduce a constituent downward to or near the PHG or MCLG, many of which are set at zero. Estimating costs to reduce a constituent to zero is difficult, if not impossible, to verify by analytical means that the level has been lowered to zero. Additionally, in some cases, installing treatment to try and further reduce very low levels of one constituent may have adverse effects on other aspects of water quality. Constituents Detected That Exceed a PHG or MCLG The following is a discussion of the constituents that were detected in the District's drinking water sources and water distributions system above the PHG, or if no PHG, above the MCLG. Total Coliform Bacteria Total coliform (TC) bacteria are indicator organisms that indicate a potential microbial water quality problem that requires confirmation follow-up sampling, testing, and investigation. When the District receives a positive TC result from the contract laboratory, a repeat sample set is immediately taken for a retest. In addition, the disinfection procedures are reviewed and the sample collection site and the adjacent section of the water distribution system are analyzed. The MCLG for total coliform (TC)bacteria is zero percent(0%) of samples with presence of coliform per month. The MCL for TC is not to exceed five percent (5%) of positive or coliform-presence samples per month. During the years 2013, 2014, 2015, combined staff and an independent certified testing laboratory collected and analyzed from the District's water distribution system an average of 161 TC samples each month, for a total of 5827 samples over the last three years. From these 5827 samples, there were 6 which tested positive for TC. This equates to a 3- year average monthly percentage of TC positive samples of 0.1%,which exceeds the MCLG of zero percent (0%). 2016 Public Health Goals Report 5 June 2016 ] Water Yorba Linda District Factors that can produce positive TC test besides degraded water quality include, but are not limited to, the weather and environmental conditions when samples are taken, and the human factor associated with the collection methods, handling, and test procedures. All repeat samples taken as a result of a positive TC samples were negative. Numerical Health Risks Because total coliform is only a surrogate indicator of the potential presence of pathogens, it is not possible to state a specific numerical public health risk. While USEPA normally sets MCLGs "at a level where no known or anticipated adverse effects on persons would occur", they indicate that they cannot do so with coliforms. Category of Risk to Public Health The SWRCB-DDW has determined that the presence of TC bacteria is a possible health concern. TCs are common in the environment and are generally not harmful themselves. State of California Health and Safety Code Section 64470(a) states: "The presence of these bacteria in drinking water, however, generally is a result of a problem with water treatment or the pipes which distribute the water, and indicates that the water may be contaminated with organisms that can cause disease.Disease symptoms may include diarrhea, cramps, nausea, and possibly jaundice, and any associated headaches and fatigue. These symptoms, however are not just associated with disease causing organisms in drinking water, but may also be caused by a number of factors other than your drinking water." Best Available Technology to Remove or Reduce the Presence of Total Coliform The addition of disinfectants to the drinking water is the best available technology to eliminate or reduce the presence of TC. The District disinfects with and monitors chlorine levels at our sources and within the water system to assure that the water served is microbiologically safe. The chlorine residual levels are carefully controlled to provide the best health protection without causing the water to have undesirable taste and odor or increasing the disinfection by-product level. This careful balance of treatment processes is essential to continue supplying our customers with safe drinking water. In addition, the District also has an effective cross-connection program, maintains positive pipeline pressures, and, conducts a regular flushing program for water distribution system dead-end mains. The District has already taken necessary steps associated with best management practices and the best available technology for the prevention and control of TC in our water distribution system. Cost to Reduce the Level of Total Coliform to a Level at or below the MCLG Since we are applying a disinfectant and conducting a thorough effort to eliminate and 2016 Public Health Goals Report 6 June 2016 ] Water Yorba Linda District prevent the presence of TC, it is not prudent to initiate additional treatment as proper disinfection and frequent flushing programs have proven to be effective methods in destroying possible TC contamination, therefore no estimate of cost has been included. Copper The District's well water and import water sources do not contain copper. Copper found inside homes is a chemical reaction of the District's water with household plumbing fixtures containing copper and brass. There is no Maximum Contaminant Level for copper. United States Environmental Protection Agency and the SWRCB-DDW Notification Level for copper is 1.3 milligrams per liter. The notification level for copper is measured at the 901h percentile of all samples taken from plumbing fixtures inside the customer's home. Lead and Copper tests are conducted once every 3 years as required by SWRCB-DDW. The California Office of Environmental Health Hazard Assessment has established a Public Health Goal of 0.17 milligrams per liter. The District's 90th percentile of all samples taken from inside the customers' houses in 2015 sampling for copper is 0.50 milligrams per liter. Category of Risk to Public Health The Office of Environmental Health Hazard Assessment and the SWRCB-DDW have determined the following risk for copper: "Based on human data, the health risk category for copper is acute toxicity. Acute toxicity is adverse health effects that develop after a short-term exposure to copper. Short term exposure to high levels of copper can temporarily cause problems in the gastrointestinal system." Numerical Health Risks The Office of Environmental Health Hazard Assessment has determined that, in the case of copper, there is no numerical public health risk associated with the Public Health Goal. Numerical public health risks are not calculated for chemicals considered non- cancer causing. Best Available Technology Both the U.S. Environmental Protection Agency and SWRCB-DDW adopt what are known as Best Available Technologies which are the best-known methods of reducing contaminant levels to the Maximum Contaminant Level. Since many of the Public Health Goals and Maximum Contaminant Level Goals are set much lower than the 2016 Public Health Goals Report 7 June 2016 ] Water Yorba Linda District Maximum Contaminant Level, it is not always possible or feasible to determine what treatment is needed to further reduce a substance to or near the Public Health Goal or Maximum Contaminant Level Goal. Similar to lead, optimizing corrosion control is the best available technology to reduce the level of copper in drinking water. This is achieved through effectively adjusting and maintaining alkalinity, pH, and calcium hardness, and the addition of phosphate or silica- based corrosion inhibitors, or a combination of all. Optimizing corrosion control also includes an intensive process of collection and analyses of water quality data to determine the effectiveness of corrosion control. Arsenic is a naturally occurring element in the earth's crust and is very widely distributed in the environment. All humans are exposed to small quantities of arsenic (inorganic and organic) largely from food and to a lesser degree from drinking water and air. Some edible seafood may contain higher concentrations of arsenic which is predominantly in less acutely toxic organic forms. YLWD's Well No. 15 slightly exceeds the 10 parts per billion (ppb) arsenic primary drinking water standard, the MCL. Currently, Well No. 15's 3-year average arsenic level is approximately 9.93 ppb. Other District wells have an average 2.37 ppb arsenic level. Whenever in operation, staff blends Well 15 water with other District wells in compliance with SWRCB-DDW approved blending plan. Blended well water served to our customers have an arsenic level of about 2.4 ppb, which is well below the current not-to-exceed level of 10 ppb arsenic MCL. The California Office of Environmental Health Hazard Assessment has established a Public Health Goal of 0.004 micrograms per liter or parts per billion (ppb). Category of Risk to Public Health The Office of Environmental Health Hazard Assessment has determined arsenic as a carcinogen. Numerical Health Risks The Office of Environmental Health Hazard Assessment has a numerical cancer risk of 1 x 10-6 for the 0.004 ppb PHG, and 1 in four hundred for the EPA Maximum Contaminant Level of 10 ppb. Note that, as previously described, cancer risk for public health goals is stated in terms of excess cancer per million (or fewer) population. The value of 1 x 10-6 means no more than 1 person out of 1 million people is expected to get 2016 Public Health Goals Report 8 June 2016 ] Water Yorba Linda District cancer from drinking two liters of drinking water a day containing Arsenic levels just above the Public Health Goal for 70 years. Best Available Technology to Remove or Reduce the Concentration of Arsenic and Approximate Treatment Cost Activated alumina, ion exchange, reverse osmosis, lime softening, coagulation/filtration are the water treatment technologies available for achieving compliance with the MCL for arsenic. It would cost the District approximately$7.2 million dollars in annualized capital, and operations and maintenance costs to reduce the arsenic levels of all its well water to the PHG level of 0.004 ppb using ion exchange treatment technology.* This would result in an average monthly increase of$24.15 to customer bills. * based on the 2011 cost to Coachella Valley Water District,for GW, to reduce Arsenic concentrations and indexed to 2015 cost. Uranium Naturally occurring uranium is found in groundwater supplies as a result of leaching from uranium-bearing sandstone, shale, and other rock formations. Uranium may also be present in surface water, carried through runoff from areas with mining operations. The Public Health Goal for uranium is 0.43 pico-Curies per liter (pCi/L), and the Maximum Contaminant Level (MCL) is 20 pCi/L. The District's average uranium level is 5.95 pCi/L. The levels detected were below MCL at all times. Category of Risk to Public Health The Office of Environmental Health Hazard Assessment has determined uranium as a carcinogen. Numerical Health Risks The Office of Environmental Health Hazard Assessment has a numerical cancer risk of 1 x 10-6 for the 0.43 pCi/L PHG, and 1 for every two thousand people per the SWRCB- DDW Maximum Contaminant Level of 20 pCi/L. 2016 Public Health Goals Report 9 June 2016 ] Water Yorba Linda District Best Available Technology to Remove or Reduce the Concentration of Uranium and Approximate Treatment Cost Ion exchange, reverse osmosis, lime softening, coagulation/filtration are the technologies available for achieving compliance with the MCL for uranium. Using reverse osmosis, it would cost the District about $6.7 million dollars in annualized capital, and operation and maintenance cost to achieve the PHG level.** This would result in an average monthly increase of$22.82 to customer bills. ** based on the reverse osmosis Removal Study, City of Scottsdale, AZ—CH2MHill,for a 10.0 mgd plant operated at 100% of design capacity, Oct. 1991 dollars indexed to 2015. Gross Alpha Radionuclides such as alpha in water supplies are from erosion of natural deposits. The term radionuclide refers to naturally occurring elemental radium, radon, uranium, and thorium with unstable atomic nuclei that spontaneously decay producing ionizing radiation. Gross alpha is defined as the sum total of these radionuclides. Exposure to ionizing radiation in concentrations exceeding the maximum contaminant level may have carcinogenic (cancer causing), mutagenic (causing mutation of cells) or teratogenic (causing abnormalities in offspring) effects. The EPA's Maximum Contaminant Level Goal (MCLG) for gross alpha particle is 0 and the California Maximum Contaminant Level (MCL) is 15 pCi/L. The District's average level of gross alpha is 4.22 pCi/L. The levels detected were below MCL at all times. Category of Risk to Public Health Health risk category based on experimental animal testing data evaluated in the U.S. EPA MCLG document and California MCL has determined gross alpha particle as a carcinogen. Numerical Health Risks The USEPA's MCLG for Gross Alpha is zero (0) and a cancer risk of 1 for every one thousand people for the SWRCB-DDW Maximum Contaminant Level of 15 pCi/L. 2016 Public Health Goals Report 10 June 2016 ] Water Yorba Linda District Best Available Technology to Remove or Reduce the Concentration of Gross Alpha Particles and Approximate Treatment Cost Similar to uranium, reverse osmosis, lime softening, and coagulation/filtration are the water treatment technologies available for achieving compliance with the MCLG for gross alpha. Removal and reduction could be achieved concurrently with uranium. Conclusion: Drinking water provided by the Yorba Linda Water District meets 100% of all enforceable State of California, SWRCB-DDW, and United States Environmental Protection Agency primary drinking water standards. The District also meets 97% of all the California Public Health Goals and 93% of the Federal Maximum Contaminant Level Goals. Public Health Goal levels are not enforceable water quality standards, and no action to meet them is mandated. For total coliform bacteria, the staff does not recommend further action. The District has already taken all steps associated with the best available technology and multi- barrier approach for control and occurrence prevention of total coliform bacteria including an effective cross-connection program, maintenance and monitoring of proper disinfectant levels, regular water quality monitoring of wells and reservoirs, source water protection, and maintenance of positive pipeline pressures throughout the distribution system. For copper, the District already has optimized Yorba Linda Water District corrosion control, and the District's water has been meets 100%of all found to be non-corrosive. Staff does not recommend enforceable drinking water undertaking additional corrosion control efforts. It is standards from the not recommended for two reasons: 1) the USEPA and SWRCB-DDW and the SWRCB-DDW classified the District's system as having United State optimized corrosion control, and 2) adding chemicals Environmental Protection for more corrosion control will cause other water Agency. quality problems.These could reduce the effectiveness of the current disinfection process which could increase the presence of total coliforms. In addition, contributing factors such as type and age of plumbing and plumbing fixtures, point-of-use and point-of-entry water treatment devices, and electro-chemical-induced pipe corrosion could change the water chemistry in customers' taps, thus increasing water copper content. 2016 Public Health Goals Report 11 June 2016 ] Water Yorba Linda District For arsenic, the SWRCB-DDW approved the District's blending plan and performance requirements are being met to keep the level of arsenic below the enforceable standard. Providing additional treatment for 100% removal to meet the PHG would be cost- prohibitive. For uranium and gross alpha particle, current methods of removal and disposal technologies do not provide complete reduction to meet the level of the public health goals at this time. In the future, if available removal technology can be achieved, the District will explore and conduct the necessary studies and related costs to implement. In summary, the drinking water served by the Yorba Linda Water District meets all Federal and State drinking water standards set to protect public health. To further reduce the levels of constituents identified in this report that are already significantly below the health-based Maximum Contaminant Levels would require significant financial investment. The effectiveness of the treatment processes to provide any significant reduction in constituent levels at already low values is uncertain. The health protection benefits of these hypothetical reductions are not clear and may not be quantifiable. Furthermore, the funds that would be required for the additional treatment, approximately$13.9 million in annualized cost, might provide greater public health protection benefits to the District's customers if spent on improving other water system operation, surveillance, and monitoring programs. 2016 Public Health Goals Report 12 June 2016 ® Yorba Linda Water District APPENDICES 2016 Public Health Goals Report 13 June 2016 ] Water Yorba Linda District Appendix 1 State of California Public Health Goals (PHGs) Comparison with YLWD Water Quality (Units are in milligrams per liter (mg/L), unless otherwise noted) Constituent MCL State PHG YLWD Test Imported Water or MCLG Results Results Organic Chemicals - 22 CCR § 64444 Alachlor 0.002 0.004 ND ND Atrazine 0.001 0.00015 ND ND Bentazon 0.018 0.2 ND ND Benzene 0.001 0.00015 ND ND Benzo (a) pyrene 0.0002 0.000007 ND ND Carbofuran 0.018 0.0017 ND ND Carbon Tetrachloride 0.0005 0.0001 ND ND Chlordane 0.0001 0.00003 ND ND Chloro-ethylene (Vinyl Chloride) 0.0005 0.00005 ND ND Cis-1,2-Dichloroethylene 0.006 0.1 ND ND 2,4-Dichlorophenoxyacetic acid (2,4-D) 0.07 0.02 ND ND Dalapon 0.2 0.79 ND ND Dibromochloropropane (DBCP) 0.0002 0.000007 ND ND 1,2-Dichlorobenzene (ortho) 0.6 0.6 ND ND 1,4-Dichlorobenzene (Para) 0.005 0.006 ND ND 1,1-Dichloroethane (1,1-DCA) 0.005 0.003 ND ND ............ ,2-Dichloroethane 1 (1,2--DCA) 0.0005 0.0004 ND ND 2016 Public Health Goals Report 14 June 2016 ] Water Yorba Linda District Constituent MCL State PHG YLWD Test Imported Water or MCLG Results Results 1,1-Dichloroethene (1,1-DCE) 0.006 0.01 ND ND ------------------ ------------------------------ - Dichloromethane 0.005 0.004 ND ND 1,2-Dichloropropane 0.005 0.0005 ND ND -`----`----`----`----`----`----`----`----`----`----`----`----`----`----`----`----`----`----`---11--------`------`------`-------`.-,.----------------------1-`----`----`----`----`----`----`---i P`-- 1,3-Dichloropropene 0.0005 0.0002 ND ND Di (2-ethylhexyl) adipate 0.4 0.2 ND ND _-------------------------------------------------------------------1----------------------------- r----------- 1--------------1--------------------------------------- Di (2-ethylhexyl) pthalate (DEHP) 0.004 0.012 ND ND Dinoseb 0.007 0.014 ND ND ----------------------------------------------------1------------------------------r----------------------1---------------------------1- Diquat 0.02 0.015 ND ND Endothall 0.1 0.58 ND ND ------------- ------------------------------------------------ ------------------------------ Endrin 0.002 0.0018 ND ND Ethylbenzene 0.3 0.3 ND ND 1_-_____--___--___--___--___--___-.y 1--_-- Ethylbenzene Dibromide (EDB) 0.00005 0.00001 ND ND Glyphosate 0.7 1 ND ND -------------------- -------_--------------------------_1------------------------1_-_____--___--___--___--___--___-.Y1____________________--___--___--___--___--___--. Heptachlor 0.00001 0.000008 ND ND Heptachlor Epoxide 0.00001 0.000006 ND ND _-------------------------------------------------------------------1------------------------------1---------------------- 1---------------------------- ----------------------------------------- Hexachlorobenzene 0.001 0.00003 ND ND Hexachlorocyclopentadiene 0.05 0.05 ND ND .-_-_-_-_-_-_-_-_-_-_-___Y Lindane 0.0002 0.000032 ND ND Methoxychlor 0.03 0.03 ND ND -------------------------------------------------------------------i-------`---------------------------W----------------------P`----`----`----`----`----`----`----Y------`----`----`----`----`----`----`----`----`---- Methyl Tertiary Butyl Ether (MTBE) 0.013 0.013 ND ND Monochlorobenzene 0.07 0.2 ND ND 2016 Public Health Goals Report 15 June 2016 ] Water Yorba Linda District Constituent MCL State PHG YLWD Test Imported Water or MCLG Results Results Oxamyl 0.05 0.05 ND ND Pentachlorophenol (PCP) 0.001 0.0004 ND ND Picloram 0.5 0.5 ND ND 1: Silvex (2,4,5-TP) 0.05 0.025 ND i ND Simazine 0.004 0.004 ND ND 1,1,2,2-Tetrachloroethane 0.001 0.0001 NDIND. Tetrachloroethylene (PCE) 0.005 0.0006 ND ND Thiobencarb 0.07 f 0.07 ND ND ------------------ ----------------------- ---=- Toluene 0.15 0.15 ND ND Toxaphene 0.003 0.00003 ND i ND -------------------------------- ---------------- ----------------------------------------- Trans-1,2-Dichloroethylene 0.01 0.06 ND ND 1,2,4-Trichlorobenzene 0.005 0.005I � ND ND ---------------------------- ---------------------------------------- 1,1,1-Trichloroethane (1,1,1-TCA) 0.2 1.0 ND ND 1,1,2-Trichloroethane (1,1,2-TCA) i 0.005 i 0.0003 ND i ND _---------------------------------------- ---- --- - - -- --... ---------------- -------------- -------------------------------------- Trichloroethylene (TCE) 0.005 0.0008 ND ND Trichlorofluoromethane (Freon 11) 0.15 i 0.7 I ND i ND Trichlorotrifluoroethane (Freon 113) 1.2 4 ND ND Xylenes (sum of isomers) 1.75 1.8 ND---- ND - - ----- - - - -------- ----- -------_I ------ -- _I ------ ------- ------_I ---- ----- - -------- -------- Inorganic Chemicals - 22 CCR § 64431 Aluminum 1 0.60 0.004 ND --------°-r-------------------------------r r-----------------------------------------W r-. _--i r----------------------------------------- Antimony 0.006 0.02 ND ND 2016 Public Health Goals Report 16 June 2016 ] Water Yorba Linda District Constituent MCL State PHG YLWD Test Imported Water or MCLG Results Results 0.01 I 0.000004 } Barium 1 2 ND ND Beryllium 0.004 0.0001 ND ND _------------------------------------------------------------------ Cadmium 0.005 0.00004 ND ND Capper feustamer's tan: 90th percentiie)s 1.3 0.17 0.50 Cyanide 0.15 0.15 ND ND Fluoride 1.4 to 2.4 i 1 0.4 I 0.15 -------- - --- - - - --- ------------_-----------------------------------_- Lead (at-the-tap: 90th percentile) 0.015 0.002 ND ND Mercury ------------- ---`-0A02-`--11-----0.0012ND ND--`--_I � ------------- ------------------------------------------ -----------------------------------------1 Nickel 0.1 0.012 ND ND Nitrate as Nitrate i 45 45 14 2 ----------------------- ---- - - - ------------------------------------- Nitrite as Nitrogen 1 1 ND ND Thallium I 0.002 0.0001 ND ND Radiological Chemicals - 22 CCR § 64441 and 64443 Uranium" 1 20 1 0.43 5.95 2.0 Abbreviations: 1. MCL—Maximum Contaminant Level 2. MCLG—Maximum Contaminant Level Goal 3. ND—Not Detected 4. YLWD—Yorba Linda Water District(Groundwater Source) Notes: 1. PHG—Public Health Goals, established by the California Office of Environmental Health Hazard Assessment. PHGs are the estimated levels of substances in drinking water that pose no significant health 2016 Public Health Goals Report 17 June 2016 ] Water Yorba Linda District risks to individuals including the most sensitive sub-populations, consuming 2 liters of water daily over a period of 70 years. 2. MCLs are enforceable standards established by the SWRCB-DDW and the U.S. Environmental Protection Agency. For lead and copper, Notification Levels are listed. 3. Data shown in indicates exceeding PHG levels, but is well below the health-based MCLs. 4. mg/L—milligrams per liter(equivalent to parts per million) 5. 90th percentile—the lead or copper level at the 90th percent of all samples collected and arranged in an increasing order in accordance with the guidelines established by the Federal and State Lead and Copper Rule.These samples were collected inside at homeowner's taps. 6. All units pCi/L, Pico Curies per Liter(0.9 pCi= 1 microgram) 2016 Public Health Goals Report 18 June 2016 ] Water Yorba Linda District Appendix 2 Federal Maximum Contaminant Level Goals (MCLGs) Comparison with YLWD Water Quality (Units are in milligrams per liter (mg/L), unless otherwise noted Constituent MCL State YLWD Test Imported PHG or Results Water MCLG Results Organic Chemicals Acrylamide 179 0 ND ND Bromate 0.01 0 ND ND ------- --- - - - -_-------------------------------------- --------------------------------------------------------- ----------------------------------------------------Chlorite 1 0.8 ND ND Dioxin (2,3,7,8 - TCDD) a 3 x 10-11 0 ND ND Epichlorohydrin 179 0 ND ND Molinate 0.02 NS 3 ND ND ---------------------------------------------------------------------------------------------------------------------------------------------I--------------------------------------9------------------------------------ Polychlorinated Biphenyls (PCBs) 0.0005 0 ND ND Styrene 0.1 0.1 ND N D ._------------------------------------------------------------.11`-`-----`-----`-----`----'-1Irv---`-----`-----`-----`-----`------h_--___.--_..__-..-•_----_-----_•-----_•-----_•--------------IY-_.-----------------------`------`------`------_-------- Trihalomethanes, Total (TTHMs) 0.100 NS 0.054 0.054 Inorganic Chemicals Asbestos, in fibers /liter 7 million 7 million waived by Not Required SWRCB DDW7 Chromium (Total) 0.05 withdrawn ND ND ._-------------------- ._-_-_-_-_-__ -_-__.I__-..-_-____-____-____-__-,Y.___-..-_-____-_ -____--___y r--___________________________________-_11______________-- __--___--___--___-_ Selenium 0.05 0.05 N D N D Microbiological Coliform (% positive 5% zero 0.1%11 0.00% samples/month) Cryptospori --------------------------------------.--------------------------------------------------------------------i TT9 i_ zero i N R I N D dium 2016 Public Health Goals Report 19 June 2016 ] Water Yorba Linda District Constituent MCL State YLWD Test Imported PHG or Results Water MCLG Results Giardia Lamblia TT9 zero NR ND Legionella TT9 zero NR NA n N"Emn IW44*1 Viruses TT9 zero NR ND Radiological" Alpha Activitv, Gross 1s (1'° 4.22 1.0 Beta Activity, Gross 50 NS NR 4.13 Radium 226 &228, Total 5 010 ND ND Strontium 90 8 NS NR ND Tritium 20,000 NS NR ND Abbreviations: 1. MCL—Maximum Contaminant Level 2. MCLG—Maximum Contaminant Level Goal 3. ND—Not Detected 4. YLWD—Yorba Linda Water District(Groundwater Source) 5. SWRCB-DDW —State Water Resources Control Board Division of Drinking Water Notes: 1. MCLGs—Maximum Contaminant Level Goals are estimates of levels of contaminants in drinking water,below which there are no known or expected health risks.These levels are set by the United States Environmental Protection Agency 2. Maximum Contaminant Levels are enforceable standards established by the SWRCB-DDW and the U.S.Environmental Protection Agency 3. Data shown in grange indicates exceeding PHG levels,but is well below the health-based MCLS. 4. mg/L—milligrams per liter(equivalent to parts per million) 5. NS—Not Set 6. NR—Not Required 7. Monitoring is waived by SWRCB-DDW because District water sources are not susceptible to asbestos contamination. 8. A 3 year average monthly percentage of TC Positive samples from 2013-2015 9. TT—Treatment Techniques are the water treatment processes and methods required by the SWRCB-DDW and Environmental Protection Agency under the Surface Water Treatment Rule in lieu of establishing a Maximum Contaminant Level.The processes and methods are intended to reduce and/or eliminate the contaminants in drinking water. 10. Effective as of 12/08/03 11. All units pCi/L,Pico Curies per Liter(0.9 pCi=1 microgram) 2016 Public Health Goals Report 20 June 2016 ITEM NO. 8.3 AGENDA REPORT Meeting Date: August 11, 2016 Budgeted: Yes Total Budget: $7,830,000 To: Board of Directors Cost Estimate: $7,000,000 Funding Source: Water Capital Reserves From: Marc Marcantonio, General Manager Job No: J2010-11 B Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Bryan Hong, Associate Engineer CEQA Compliance: MND Subject: Construction Contract for the Fairmont Booster Pump Station Upgrade Project SUMMARY: On August 3, 2016, bids were received from seven contractors for construction of the Fairmont Booster Pump Station Upgrade Project. Following review of the bids, staff recommends award to the low-bidder, Pacific Hydrotech Corporation for $6,911,100.00. STAFF RECOMMENDATION: That the Board of Directors award the Construction Contract for the Fairmont Booster Pump Station Upgrade Project to Pacific Hydrotech Corporation for $6,911,100.00, Job No. J2010-11 B. DISCUSSION: On June 7, 2016, the District solicited bids for the replacement and upgrade of the Fairmont Booster Pump Station. This project also includes the refurbishment of elements of the Fairmont Reservoir. The construction of this project will allow the District to fully utilize either water source (groundwater or import water), improving the resiliency, reliability and efficiency of the District's water system. On August 3, 2016, sealed bids were received from seven contractors, in a highly competitive bidding climate. The design consultant provided an Engineer's Estimate of $7,000,000. The seven bids ranged from a low of $6,911,100.00 to a high of $10,288,896.90, as shown in the summary below. No. Contractor Total Bid Amount 1 Pacific Hydrotech Corporation $6,911,100.00 2 Canyon Springs Enterprises DBA RSH Const. $7,226,207.00 3 Pascal and Ludwig Constructors $7,362,500.00 4 Norman A. Olsson Construction, Inc. $7,522,800.00 5 Kiewit Infrastructure West Co. $7,709,000.00 6 Irwin Industries $9,936,437.54 7 TechCom International Corporation $10,288,896.90 The bid tabulation and bid documents from the low-bidder, Pacific Hydrotech Corporation, were reviewed and confirmed by District staff and found to be responsive and fully in order. Accordingly, staff recommends award to Pacific Hydrotech Corporation. STRATEGIC PLAN: SR 3-B: Continue Planning for Long Term Capital Improvements and Replacements into the future PRIOR RELEVANT BOARD ACTION(S): On July 11, 2013, the Board of Directors authorized execution of a Professional Services Agreement (PSA) with MWH to provide engineering design, bid support services, and construction phase services for the Fairmont Booster Pump Station Upgrade Project in the amount of $549,584. On October 21, 2014, the Board of Directors approved Amendment No. 1 to the PSA in the amount of $59,000. On December 23, 2014, the Board of Directors approved Amendment No. 2 to the PSA in the amount of $49,004. ITEM NO. 8.4 AGENDA REPORT Meeting Date: August 11, 2016 Budgeted: Yes To: Board of Directors Cost Estimate: $65,000 Funding Source: Water Capital Reserves From: Marc Marcantonio, General Manager Job No: J201412, J201423 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: No Prepared By: Anthony Manzano, Senior CEQA Compliance: MND Project Manager Subject: Extension of Professional Services Agreement for Geotechnical Services SUMMARY: On April 29, 2012, after staff completed a competitive proposal evaluation, the Board awarded a geotechnical services contract to Hushmand Associates, Inc. (HAI) for a not-to-exceed amount of $130,000. HAI provided geotechnical services for several District projects and on-call work, and is currently completing services for the District's 2015 Waterline Replacement Project. All of the geotechnical testing services were provided on an as-needed basis, and paid based on time and material cost. The contract amount of $130,000 was established for District budgetary purposes and not for the completion of specific projects. The not-to-exceed amount will soon be depleted, and staff recommends extending HAI's contract through this calendar year, for an additional $64,500 to provide services for the 2015 Waterline Replacement Project that is currently in construction, the Richfield Road Water Main Project which is expected to start mid-August 2016, and, if necessary, on-call support services. The additional services will be funded through the two approved Capital Improvement projects and All Water Funds. STAFF RECOMMENDATION: That the Board of Directors approve an extension to Hushmand Associates, Inc.'s Professional Services Agreement through calendar year 2016 in the amount of $64,500, for an amended total cost not-to-exceed $194,500, to provide required project geotechnical services for the 2015 Waterline Replacement and Richfield Road Water Main projects and potential on-call services. DISCUSSION: In 2012, District staff solicited proposals from seven geotechnical firms to provide on-call geotechnical services including job site and laboratory material testing services. Six proposals were received and evaluated by District staff. Hushmand Associates, Inc. (HAI) received the highest evaluation score during this competitive proposal review process, and on April 29, 2012, the Board awarded the contract to HAI for a not-to-exceed amount of $130,000. Since mid-2012, HAI assisted the District with geotechnical support services for the Yorba Linda Boulevard Pipeline Project, the Yorba Linda Booster Station Project, the 2010 Waterline Replacement Project, on-call services, and more recently, the on-going 2015 Waterline Replacement and Well 21 Equipping projects. Geotechnical support includes job site and laboratory material testing for soil density, soil optimal moisture, pavement and subgrade placement, foundation subgrade, concrete and asphalt testing. These various tests are provided by HAI upon request by District staff per the time and material fee structure in the Agreement. All support services are required to complete construction of the on-going and future Capital Improvement projects, and, if necessary, emergency and non-emergency on-call support. At this time, HAI's contract limit of $130,000 is being reached, and two construction projects require geotechnical services at this time. Given that HAI has provided high quality, timely and professional services at competitive prices, District staff requested that HAI provide a proposal for services to complete these two projects, plus funding for potential on-call services. As shown in the attached proposal dated August 1, 2016, HAI estimates that $24,028 is required to complete the 2015 Waterline Replacement Project and $30,470 is required for the Richfield Road Water Main project, in addition to $10,000 for potential on-call support services. The proposed cost increase for this change order is $64,500, which would result in an amended not-to-exceed total of $194,500. This proposal, scope and fees were negotiated through several meetings and discussions with HAI staff. District staff believes that the scope and fee are necessary and appropriate to achieve compliance, and therefore, recommend approval. The recommended $54,500 for work through December 31, 2016 is budgeted through the two CIP projects, and $10,000 for on-call support will be budgeted through All Water Funds. Geotechnical services are combined for these projects, and future on-call support for efficiency and cost savings. Concerning the Fairmont Booster Station Project, District staff will solicit proposals within the next month from local geotechnical firms, to provide geotechnical support services for the Fairmont Project as well as other projects for calendar years 2017 to 2019. STRATEGIC PLAN: SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with adopted amendments PRIOR RELEVANT BOARD ACTION(S): On April 29, 2012, the Board of Directors awarded a geotechnical services contract to Hushmand Associates, Inc. for a not-to-exceed amount of $130,000. ATTACHMENTS: Name: Description: Type: Table 1- 2015 Water Pipeline Proiect.pdf HAI Cost Est.-2015 Waterline Repl. Project Backup Material P16-0801 Richfield Rd Water Main.odf HAI Cost Est.-Richfield Road Water Main Backup Material Table 1.Itemized Cost Estimate(2015 Water Pipeline Project) Task Scope of Work/Services Fee Estimate Geotechnical and Concrete Inspection and Field Testine (1,2) Field Technician (22, 8-hour days), 176 hrs @$90/hr $15,840.00 1 Field Technician Travel Time, 22 hrs g$65/hr $1,430.00 Field Truck& Equipment 22 days @$90/day $1,980.00 Laboratory Testine for Suberade Soils and Concrete c3� 2 Two (2)Modified Proctor Compaction tests $154/test $308.00 Two (2)Sieve Analysis tests $60/test $120.00 Proiect Manaeement Project Engineer, 10 hours (a $115.00/hour $1150.00 3 Final Report Project Engineer, 8 hours (a,$115.00/hour $920.00 Staff Engineer, 24 hours @ $95.00/hour $2,280.00 Total $24,028.00 1)Final number of days and field hours will be determined by YLWD.This is a prevailing wage job. (2)Round trip travel time from our Irvine office will be one(1)hour per day at a rate of$65/hour. (3)Additional tests requested by YLWD not included herein will be charged separately. Hushmand Associates,Inc. p.(949)777-1266 250 Goddard w.haieng.com VezAA% I Irvine,CA 92618 e. hai@haieng.com HUSHMAND ASSOCIATES,INC. Geotechnical and Earthquake Engineers August 1, 2016 Mr. Anthony Manzano,PE Yorba Linda Water District Senior Project Manager 1717 E Miraloma Ave. Placentia, CA 92870 Subject: Proposal for Field Observation and Material Testing Services Richfield Road Water Main in Placentia and Anaheim, California HAI Proposal No.P16-0801 Dear Mr.Manzano: 1.0 INTRODUCTION Hushmand Associates, Inc. (HAI) is pleased to submit this proposal to Yorba Linda Water District (YLWD) to provide field observation and materials testing services during Richfield Road Water Main Project(Project), in cities of Placentia and Anaheim, California. This proposal is prepared in response to your email Request for Proposal(RFP)dated July 26,2016. HAI is a consulting geotechnical, earthquake, Our mission is to provide you with the environmental, materials testing, and specialty information needed to successfully inspection engineering firm with a team of highly accomplish your goals qualified engineers, geologists, and field and laboratory technicians with extensive experience and capabilities to successfully complete the field observations, materials sampling, and testing services for this project. Our team includes State of California Professional Civil and Geotechnical Engineers and Certified Field and Laboratory Technicians. Our personnel have successfully completed the 40-hour training requirements of Federal OSHA Regulations 29 CFR 1910.120 (e)(2) pertaining to OSHA environmental site investigations. Further augmenting our staff of professionals is our in-house soil mechanics laboratory certified by Caltrans. Division of the State Architect(DSA), City of Los Angeles, US Army Corps of Engineers, and AASHTO Materials Reference Laboratory (AMRL). For these reasons, HAI offers some of the strongest and broadest professional services and contracting capabilities to our clients. 2.0 PROJECT TEAM Our team for this project will consist of Naz Mokarram, PhD, PE, Senior Project Engineer, Nitha R. Nitharsan, MS, PE, Senior Staff Engineer and our staff of certified laboratory and field technicians including Richard Young,who is certified in soils and materials testing by Caltrans, ICBO and ACI. Ben Hushmand, PhD, PE, HAI's President and Principal Engineer will provide our internal quality assurance (QA/QC)review for this project. Richfield Road Water Main Yorba Linda,CA 3.0 SCOPE OF WORK Based on our understanding of the project and review of the plans provided by YLWD,the scope of work requires HAI to provide field observation and material testing services as listed below: • Review of plans and specifications. • Geotechnical inspection in accordance with plans (i.e. Profile Drawings No. W-1 to W-8) and specifications provided by YLWD. • Concrete special inspection and testing in accordance with plans (i.e. Profile Drawings No. W-I to W-8)and specifications. • Review and submittal of daily field reports and test results summary logs to the YLWD, and coordination of daily work on an as-needed basis with the assigned YLWD's staff. HAI will provide and furnish all labor, materials, equipment, transportation, and necessary services to perform the above-listed work tasks. HAI also understands that the purpose of the field observations and materials testing services is to ensure that the specified design standards are implemented during construction, verify that the materials used for construction meet the required specifications as demonstrated by a procedure of sampling according to the frequency and procedures commonly practiced in the industry and the project specifications, conduct field and laboratory testing, and verify that the materials meet the minimum project standards. Field tests and sampling will be conducted by HAI's certified technicians. Nuclear gauge devices will be calibrated prior to the beginning of testing. HAI's in-house soil mechanics and material testing laboratory is certified by Caltrans. To complement our testing capabilities and expedite project schedule,other certified laboratories may be utilized,if needed. We would appreciate at least 48 hours advance notice for scheduling of field personnel at the commencement of construction; work thereafter may be scheduled with 24-hour notice. If requested,we will promptly submit daily field reports indicating information pertinent to the services performed and their compliance or non-compliance to the project specifications. The field reports will be reviewed by a State of California licensed engineer. If requested, we will provide a report summarizing the results of field and laboratory tests and providing our opinion based on the field observations and test results. A final color, signed, wet-stamped report copy will be emailed to you in Adobe Acrobat (pdf) format, if desired, so that you have report copies available for distribution at all times. 4.0 ESTIMATED BUDGET Because of the nature of construction support services,we propose to provide our services on a time-and- material basis. We understand that the specified contract time is 4.5 months. We have assumed that our involvement in this oroiect has a total duration of twentv (20). 8-hour workine days and ten(10).4-hour workine days for eeotechnical and concrete inspection and testine. The actual cost of our services,however,will ultimately depend on the final construction schedule. Hours or tests less than or greater than those shown will YorlbarL ndaaWa Water District Page 2 Richfield Road Water Main Yorba Linda,CA proportionately reduce or increase our costs. Please note that our estimate depends to a great extent on the site conditions,the diligence and efficiency of the Contractor, and the weather conditions. An itemized breakdown of the estimated cost is provided in Table 1. We welcome the opportunity to discuss this cost estimate with you if there are questions or comments regarding the proposed scope or methodology. Please note that onlv technician time and a minimal fee for truck and eauioment are charged. The subuade compaction tests, asphalt compaction/ density tests and slump tests performed in the field will not incur anv extra charge oer test. Table 1.Itemized Cost Estimate Task Scope of Work/Services Fee Estimate I Review of Specifications.Plans and One Preconstruction Meeting Project Engineer, 8 hours (a,$115.00/hour $920.00 Geotechnical and Concrete Inspection and Field Testing (1,2) Field Technician (20, 8-hour and 10, 4-hour days), 200 hrs (a, $90/hr $18,000.00 2 Field Technician Travel Time, 30 hrs g$65/hr $1,950.00 Field Truck& Equipment 20 days @$90/day $1,800.00 Field Truck& Equipment 50 hrs @ $12/hrs $600.00 Laboratory Testing for Subarade Soils and Concrete c3� Five (5)Modified Proctor Compaction tests $154/test $770.00 3 Three (3) Sieve Analysis tests g$60/test $180.00 Three (3) Sand Equivalent tests @$75/test $225.00 Twelve (12) Compressive Strength Tests for cylindrical specimens $40/test $480.00 Proiect Manaeement Project Engineer, 8 hours (a,$115.00/hour $920.00 Staff Engineer, 15 hours @ $95.00/hour $1425.00 4 Final Reoort Preparation Project Engineer, 8 hours (a,$115.00/hour $920.00 Staff Engineer, 24 hours @ $95.00/hour $2280.00 Total $30,470.00 (1)Final number of days and field hours will be determined by YLWD.This is a prevailing wage job. (2)Round trip travel time from our Irvine office will be one(1)hour per day at a rate of$65/hour. (3)Additional tests requested by YLWD not included herein will be charged separately. YorlbarL pdaaWa Water District Page 3 Richfield Road Water Main Yorba Linda,CA 5.0 CLOSURE We trust that this proposal meets your current needs. The Scope of Work outlined in this proposal will be completed in accordance with accepted geotechnical engineering principles common to the local area in which we practice. The opportunity to present this proposal to YLWD is sincerely appreciated. If this proposal and its conditions meet with your approval,please sign and return an original of this page to us. If you have any questions or need additional information regarding this proposal, please call the undersigned at(949) 777-1266. Any revisions must be agreed upon by both parties prior to commencement of work. Very truly yours, Agreement accepted by: Hushmand Associates,Inc. Yorba Linda Water District 8/01/16 Naz Mokarram,PhD,PE Date Signature Date Senior Project Engineer Please Print Name and Title Attachment: Standard Schedule of Fees Terms and Conditions of Agreement IProposal YorbaL ndaWa Water District Page 4 ITEM NO. 8.5 AGENDA REPORT Meeting Date: August 11, 2016 Budgeted: Yes Total Budget: $16,000 To: Board of Directors Cost Estimate: $40,000 Funding Source: All Water Funds From: Marc Marcantonio, General Account No: 1-5010-0600-50 Manager Presented By: John DeCriscio, Operations Dept: Operations Manager Reviewed by Legal: Yes Prepared By: Harold Hulbert, Operations Assistant Subject: Supplies and Materials Agreement for Uniform Services SUMMARY: The District's Supplies and Materials Agreement with Aramark for the provision of uniforms, floor mats and hand towels has expired with no additional options for renewal. In an effort to assess the current marketplace and ensure competitive pricing, District staff surveyed several local agencies in order to research companies they were using for similar services. After reviewing this information, staff requested bids from three vendors: Cintas, Prudential, and G&K Services. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to execute a 3-year Supplies and Materials Agreement with Cintas for the provision of uniform services for an estimated cost of $36,724.92. DISCUSSION: Aramark has provided the District with uniform services since July 2009. Following review of Aramark's level of service, quality, and cost, staff determined that it was in the best interest of the District to obtain uniform services from another vendor. In order to search for a replacement, staff collected information from several other water agencies in Orange County, asking them about their uniform requirements and which companies provided them with uniform services. Prudential and Cintas were the two most used companies by the agencies surveyed. Staff reviewed the District's needs in regards to the type and quantity of uniforms, floor mats, and shop towels and requested quotes from three different vendors. The vendors were asked to submit quotes based upon staff's specifications and to identify the estimated weekly cost for providing service. The District spent $15,829.00 for Aramark's uniform services during Fiscal Year 2015/16. The following quotes were submitted by the vendors based on a 3-year contract. Staff has added an estimated 2% price increase per year for each vendor to establish the total estimated contract cost. Estimated Estimated 1st Total Vendor Weekly Cost Year Cost Estimated Contract Cost Cintas $230.77 $12,000.04 $36,724.92 Prudential - IPA $295.49 $15,365.48 $47,024.52 G&K Services $300.11 $15,605.72 $47,759.74 Staff reviewed the vendors quotes per YLWD's Purchasing Policy (Res. 13-03) and found that they all meet the District's requirements. Staff is recommending that the District enter into a 3-year contract with Cintas for uniform services. The approved budget for uniform services for Fiscal Year 2016/2017 is $16,000. ITEM NO. 9.1 AGENDA REPORT Meeting Date: August 11, 2016 Subject: Extension of Maturity Date for Existing Line of Credit with Wells Fargo Bank ATTACHMENTS: Name: Description: Type: WFB080316.r)df Backup Material Backup Material Wells Fargo Bank,N.A. 333 S.Grand Avenue,5fl'Floor • Los Angeles,CA 90071 Date: August 3, 2o16 Delia D. Lugo Finance Manager Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, CA 92870 Re: Line of Credit Extension Request Yorba Linda Water District has requested to extend the current maturity date of the subject line of credit from September 30, 2o16 to September 24, 2017. If approval is granted, we anticipate that draws would remain at the existing pricing which is currently 70%1ML+9obps and an unused commitment fee of 35bps. We would engage outside counsel to negotiate the amendment with estimated legal costs of up to $25M. Per our conversation on July 28, 2016 and your Request to Extend the maturity date of the line of credit dated May 25, 2016, we would explore the following structure as part of the extension request. The District has funds in the Water Capital Project Reserve account to meet its obligation to repay the principal amount drawn from the Line of Credit. Should the refunding process move forward, as well as the request to extend the Line of Credit maturity date to September 30, 2017 be granted, there are plans to include a pay-down of approximately $3.45 million on the Line of Credit,which would result in a principal balance due of$3.55 million. The District anticipates that it will make monthly payments to WFB in the approximate amount of $200,000 to pay down the remaining principal due over the next year, with a balloon payment of the remaining principal due on the maturity date in 2017. Let me know if you have any additional questions or need further information. R11ftards, 5Y ` Lyn Love Senior Vice President Senior Relationship Manager ITEM NO. 11.1 AGENDA REPORT Meeting Date: August 11, 2016 Subject: Interagency Committee with MWDOC and OCWD (Collett/Melton) • Minutes of the meeting held July 26, 2016 at 4:00 p.m. • Next meeting scheduled September 27, 2016 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 2016-07-26 - Minutes - YLWD-MWDOC-OCWD.docx Minutes Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT INTERAGENCY COMMITTEE MEETING WITH MWDOC AND OCWD Tuesday, July 26, 2016, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The July 26, 2016 meeting of the Yorba Linda Water District Interagency Committee with MWDOC and OCWD was called to order at 4:00 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. ROLL CALL YLWD COMMITTEE MEMBERS YLWD STAFF Director Ric Collett Marc Marcantonio, General Manager Steve Conklin, Engineering Manager Damon Micalizzi, Public Information Manager MWDOC COMMITTEE MEMBER MWDOC STAFF Director Brett Barbre Rob Hunter, General Manager OCWD COMMITTEE MEMBER OCWD STAFF Director Roger Yoh Mike Markus, General Manager 3. PUBLIC COMMENTS None. 4. DISCUSSION ITEMS 4.1. State Water Resources Control Board's New Regulations and Projections for Local Conservation Mr. Hunter reported that SWRCB started holding hearings for the Bay Delta "Water Fix" Project which will likely continue for several months. He also noted that SWRCB is proposing a major increase in the fees charged by the Division of Drinking Water for its annual required water system inspections. Regarding local water conservation, use remains steady, with no major uptick in consumption so far. 4.2. MWDOC Member Agencies Drought Response Mr. Hunter reported that MWDOC agencies have "self-certified" as required by the SWRCB, and that while they have the necessary water supply for the next three years, they're still calling for a 10% conservation goal. He also noted that so far, there is no significant bounce-back to a higher level of water consumption. 1 4.3. MWD Water Supply Conditions and Outlook Director Barbre reported that MWD's supply outlook is good, particularly for the Colorado River watershed. That, plus increased deliveries thru the State Water Project (SWP), will allow MWD to deliver more water for storage (an estimated 300,000 AF) in southern California, particularly to Castaic Lake and Diamond Valley Reservoir. He also noted that MWD has no plans to call for water under the Conjunctive Use Program. 4.4. MWDOC's OC Water Reliability Investigation Mr. Hunter reported that the study is nearing completion. Technical Memo #4 has been circulated for review by MWDOC agencies. Comments are due by the end of July. 4.5. Condition of OCWD Groundwater Basin and Projections for Basin Production Percentage and Replenishment Assessment Mr. Markus reported that recharge of the groundwater basin continues with the purchase of MWD full-service untreated water. Currently recharge water is being taken from OC-59 (SWP water) and OC-28 (Colorado River Aquaduct water). OCWD funding for recharge water will be depleted in October, after which its Board will have to consider borrowing money under the Commercial Paper Program. The goal of the continued recharge program is to reduce the overdraft to 350,000 AF this year. 4.6. IRWD/OCWD Litigation Mr. Markus reported that OCWD's Board had determined not to enter into the Tolling Agreement with IRWD and will go to court to settle the lawsuit. 4.7. Huntington Beach Desalination Project Mr. Markus reported that the Coastal Commission is currently scheduled to consider the Poseidon Project in Huntington Beach at its September meeting. He also noted that Poseidon has another permitting issue to address, the renewal of its National Pollutant Discharge Elimination System permit, which may entail evaluation of other sites. Director Yoh commented that OCWD will be evaluating another option for the use of the product water. This new option would be for Huntington Beach, Mesa Water and Newport Beach to take desal water in place of all well water and turn off all wells (for the benefit of the basin). In turn, inland GWP agencies would be asked to pump at a higher Basin Production Percentage as an offset. Other factors that would come into play would be increased recharge from final expansion of the Groundwater Replenishment System (GWRS) and potential recharge water for the basin from the proposed MWD/LACSD Reclamation Project. 2 4.8. California WaterFix Project Director Barbre reported that MWD successfully closed the deal for the purchase of four islands in the Delta. These could be used for environmental mitigation and for tunnel-construction access or contractor lay-down areas if the project proceeds. He also noted that Governor Brown hired former Secretary Bruce Babbitt as part of the team working to obtain approval of the project. 4.9. North and South Basin Projects Mr. Markus reported that his Board approved moving forward with the EPA on preparation of the Remedial Investigation and Feasibility Study documents for the North Basin Project. Work is also proceeding with the EW-1 Project for extraction of contaminated water and discharge to OCSD. Discussions are continuing with OCSD on the removal of contaminated water from the North Basin Project, which will ultimately be source water for the GWRS. Regarding the South Basin Project, work continues on efforts to site several small extraction wells. 4.10. YLWD Well Projects Mr. Conklin reported that construction continues on the Well 21 and Richfield Road Pipeline projects, which should be completed by the end of December 2016. He also noted that the lease agreement for Well 21 would likely be reviewed by OCWD's Property Management Committee in August, after which it will be considered by OCWD's Board and then YLWD's Board. 4.11. Future Agenda Items None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 5:20 p.m. The next YLWD/MWDOC/OCWD Interagency Committee meeting is scheduled to be held Tuesday, September 27, 2016 at 4:00 p.m. SC 3 ITEM NO. 11.2 AGENDA REPORT Meeting Date: August 11, 2016 Subject: Joint Agency Committee with City of Yorba Linda (Collett/Beverage) • Minutes of the meeting held July 27, 2016 at 9:00 a.m. • Next meeting will be held August 23, 2016 at 11:00 a.m. at YL City Hall. ATTACHMENTS: Name: Description: Type: 2016-07-27 - Minutes - YLWD-City of YL.docx Minutes Minutes CITY OF YORBA LINDA �04 Y ORg,4 i E PORAIEO 1yb Land of Gracious Living YORBA LINDA WATER DISTRICT/ CITY COUNCIL JOINT ADVISORY COMMITTEE MEETING MINUTES July 27, 2016 9:00 a.m. CALL TO ORDER The Yorba Linda Water District/City Council Joint Advisory Committee meeting convened at 9:00 a.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. PLEDGE OF ALLEGIANCE Vice President Mike Beverage ROLL CALL Committee Members City Council: Gene Hernandez, Tom Lindsey Water District: Mike Beverage, Ric Collett Staff Members: Marc Marcantonio, Mark Pulone PUBLIC COMMENTS None ACTION CALENDAR 1. Minutes of the YLWD/City Council Joint Advisory Committee meeting held on June 28, 2016. YLWD/CC Joint Advisory Committee Minutes July 27,2016 Page 1 of 2 The YLWD/City Council Joint Advisory Committee approved the minutes of the June 28, 2016 meeting. DISCUSSION ITEMS 2. Drought Response, Water Conservation/Administrative Penalty Ordinances, and Community Outreach Efforts President Ric Collett, said the District was awaiting approval from the State Water Resources Control Board (SRWCB) on the self-certification application with a zero goal and also stated that the current conservation goal remains at 28%. General Manager Marc Marcantonio discussed the basic service charge reduction that was approved by the Board on July 21 along with the Annual Budget. He said the reduction was due to a hard-fought victory in reducing the conservation goal from 36% down to 28%. Mr. Collett reported that the Water District was successful in the lawsuit filed against them challenging the water rates. Public Works Director/City Engineer Michael Wolfe gave a brief update on the City's LMAD Demonstration project. An outreach meeting would take place in the next month and the city's website would have information with design concepts and further opportunities for input from the public. 3. Potential Future Agenda Items Mayor Tom Lindsey asked for an update on the use of collected penalty fees towards future conservation and assistance for citizens as far as Astroturf or drought tolerant landscaping. Brett Barbre, Municipal Water District of Orange County (MWDOC), stated that turf removal is not the most efficient or cost effective method to save water and said they are moving away from that and more towards the device market which has significant long term savings on water. ADJOURNMENT City Manager Pulone adjourned the meeting at 9:35 a.m. to the next Yorba Linda Water Board/City Council Advisory Committee Joint meeting on Tuesday, August 23, 2016 at 11:00 a.m. YLWD/CC Joint Advisory Committee Minutes July 27,2016 Page 2 of 2 ITEM NO. 11.4 AGENDA REPORT Meeting Date: August 11, 2016 Subject: Citizens Advisory Committee (Melton) • Minutes of the meeting held June 27, 2016 at 8:30 a.m. • Minutes of the meeting held July 25, 2016 at 8:30 a.m. • Next meeting scheduled August 29, 2016 at 8:30 a.m. ATTACHMENTS: Name: Description: Type: 2016-06-27 Minutes CAC.docx Minutes Minutes 2016-07-25 Minutes CAC.docx Minutes Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING Monday, June 27, 2016, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The June 27, 2016 meeting of the Yorba Linda Water District's Citizens Advisory Committee was called to order at 8:30 a.m. The meeting was held in the Training Room at the District's Administration Building located at 1717 East Miraloma Avenue, Placentia California 92870. 2. ROLL CALL COMMITTEE MEMBERS PRESENT Lindon Baker Bill Guse Cheryl Borden Modesto Llanos Carl Boznanski Rick Buck YLWD DIRECTORS PRESENT YLWD STAFF PRESENT Gary Melton, Director Marc Marcantonio, General Manager Mike Beverage, Vice President Damon Micalizzi, Public Information Manager Delia Lugo, Finance Manager OTHER ATTENDEES Cindy Botts, Mgmt Analyst/Water Conservation Supv Ben Parker, Resident Kelly McCann, Senior Accountant John Koeller, Resident Malissa Muttaraid, Public Affairs Representative Julia Schultz, Resident Steven Conklin, Engineering Manager Greg Schultz, Resident Gina Knight, Human Resources/Risk Manager John Milton, Resident Amelia Cloonan, Human Resources Analyst Judy Desjardin, Resident Laurie McAllister, Records Mgmt Administrator Dennis Donahue, Resident Javier Martinez, Water Production Superintendent Jon Hansen, Resident 3. INTRODUCTIONS AND PRESENTATIONS 3.1. Orange County Water Rate Analysis — Presented by Mr. Ben Parker, Resident Mr. Parker provided a presentation comparing the rates of local water agencies in Orange County including adjustments for tax subsidies, taxes paid to the State, and percentage of return for stakeholders/ratepayers. The adjusted meter and volumetric charge for local water districts demonstrated similar rates for most customers. Mr. Parker emphasized Golden State Water Company's (a privately-owned company) lower rates and cost efficiencies. Mr. Parker recommended that the District improve its cost efficiencies in order to compete with Golden State's rates. 1 4. PUBLIC COMMENTS None. 5. DISCUSSION ITEMS 5.1. Conservation Update and Monthly Water Supply Report Staff reported that the District had continued to conserve at a 36% rate through the month of May. In addition, the District submitted a 0% conservation target to the State Water Resources Control Board based on MWDSC and MWDOC's 3-year projected water supply. 5.2 Director's Report Director Melton reported that staff was preparing for a budget workshop meeting scheduled Thursday, July 21, 2016 at 8:30 a.m. 5.3. Future Agenda Items Discussion of budget for Fiscal Year 2016/17. 6. ADJOURNMENT 6.1. The meeting was adjourned at 10:30 a.m. The next Citizens Advisory Committee meeting is scheduled to be held Monday, July 25, 2016 at 8:30 a.m. DM 2 MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING Monday, July 25, 2016, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The July 25, 2016 meeting of the Yorba Linda Water District's Citizens Advisory Committee was called to order at 8:30 a.m. The meeting was held in the Training Room at the District's Administration Building located at 1717 East Miraloma Avenue, Placentia California 92870. 2. ROLL CALL COMMITTEE MEMBERS PRESENT Lindon Baker Bill Guse Fred Hebein Carl Boznanski Joe Holdren Modesto Llanos YLWD DIRECTORS PRESENT YLWD STAFF PRESENT Mike Beverage, Director Marc Marcantonio, General Manager Damon Micalizzi, Public Information Manager Delia Lugo, Finance Manager Cindy Botts, Mgmt Analyst/Water Conservation Supv OTHER ATTENDEES Brett R. Barbre, Director, MWDSC/MWDOC Ben Parker, Resident Dennis Donohue, Resident 3. PUBLIC COMMENTS Mr. Ben Parker thanked Mr. Bill Guse for his report at the July 14, 2016 Board meeting during which he discussed Mr. Parker's presentation to the Citizens Advisory Committee on June 27, 2016. 4. DISCUSSION ITEMS 4.1. Operating Budget for FY 2016/17 Staff reviewed the Operating Budget for FY 2016/17 and noted that it had been adopted with new lower basic service charges after water rationing rules were relaxed by the State Water Resources Control Board. The budget also assumes a "bounce back" of 12% volumetric water sales. 4.2. Water and Sewer Rates for FY 2016/17 As discussed in Item No 4.1., Mr. Guse noted that water service charges were being reduced in spite of rate increases from Metropolitan Water District and Orange County Water District. Staff also explained that the District did not anticipate replenishing reserves much this fiscal year. 1 4.3. Conservation Update and Monthly Water Supply Report Staff reported that customers are still conserving and that through June, the District continued to meet its original 36% conservation mandate. 4.4 Director's Report Director Beverage reported that the budget and rates were the culmination of months of work from the Board and staff. He also reported that the District was patiently waiting for a ruling from the judge in the court case against YLWD. 4.5. Future Agenda Items None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 9:50 a.m. The next Citizens Advisory Committee meeting is scheduled to be held Monday, August 22, 2016 at 8:30 a.m. DM 2 ITEM NO. 13.1 AGENDA REPORT Meeting Date: August 11, 2016 Subject: Meetings from August 12, 2016 - September 30, 2016 ATTACHMENTS: Name: Description: Type: BOD - Activities Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance bv: August 2016 Gun Club Road Park Ceremony Sat,Aug 13 9:OOAM Hawkins/Kiley OCWD/OCSD Community Open House Sat,Aug 13 10:OOAM Yorba Linda City Council Tue,Aug 16 6:30PM Collett MWDOC Wed,Aug 17 8:30AM Melton Board of Directors Special Meeting Wed,Aug 17 4:30PM OCWD Wed,Aug 17 5:30PM Kiley Joint Committee Meeting with City of Yorba Linda Tue,Aug 23 11:OOAM Collett/Beverage UWI Annual Conference Wed,Aug 24 8:OOAM Kiley OCSD Wed,Aug 24 6:OOPM Kiley/Beverage UWI Annual Conference Thu,Aug 25 8:OOAM Kiley Board of Directors Regular Meeting Thu,Aug 25 8:30AM UWI Annual Conference Fri,Aug 26 8:OOAM Kiley Citizens Advisory Committee Meeting Mon,Aug 29 8:30AM Melton September 2016 District Offices Closed Mon, Sep 5 7:OOAM Yorba Linda City Council Tue, Sep 6 6:30PM Beverage MWDOC Wed, Sep 7 8:30AM Melton OCSD Operations Committee Wed, Sep 7 5:OOPM Kiley/Beverage OCWD Wed, Sep 7 5:30PM Collett Board of Directors Regular Meeting Thu, Sep 8 8:30AM WACO Fri, Sep 9 7:30AM Hawkins/Kiley LAFCO Wed, Sep 14 8:OOAM Beverage(As Needed) Yorba Linda Planning Commission Wed, Sep 14 6:30PM Melton Yorba Linda City Council Tue, Sep 20 6:30PM Collett MWDOC Wed, Sep 21 8:30AM Melton OCWD Wed, Sep 21 5:30PM Kiley Board of Directors Regular Meeting Thu, Sep 22 8:30AM Citizens Advisory Committee Meeting Mon, Sep 26 8:30AM Melton Interagency Committee Meeting with MWDOC and OCWD Tue, Sep 27 4:OOPM Collett/Melton OCSD Wed, Sep 28 6:OOPM Kiley/Beverage Yorba Linda Planning Commission Wed, Sep 28 6:30PM Hawkins ISDOC Thu, Sep 29 11:30AM Hawkins/Kiley 8/4/2016 2 16 25 PM ITEM NO. 14.1 AGENDA REPORT Meeting Date: August 11, 2016 Subject: Gun Club Road Linear Park Ribbon Cutting Ceremony -August 13, 2016 Yorba Linda State of the City Address - October 2, 2016 CSDA Annual Conference - October 10-13, 2016 STAFF RECOMMENDATION: That the Board of Directors approve Director attendance at these events if desired. ATTACHMENTS: Name. Description: Type: GCR Park Ceremonv.pdf Backup Material Backup Material YL State of the Citv.pdf Backup Material Backup Material CSDA Conference.odf Backup Material Backup Material RECEIVED Linda JUL 2 5 2016 Y0IR8A I.INOA 1VATER DiSi,v.'T eBy AROX&D _ Al AIM ,F'AW�` I., Z 111117NpLACE OF WCHARDrNIXON -. .r J.�� -M PRESIDENT OF THE in { s I.,9y 6 4 iv, �! , UNTEO STATES 04po AR ■ a �4 i�tl�#]���It �.1 '�� 1 } � GUN CLUB ROAD LINEAR PARTS At the request of the Mayor and The park is located ai 19565 Yorba Linda Blvd, [just west of the Trader the Yorba Linda City Council Joe's shopping center). The ribbon cutting ceremony will be held in the YOU are cordially invited to attend the Gun Club Road Linear Park parking lot/staging area. Event parking and shuttle will be civailable at Fairmont Bementary School (5341 Fairmont Blvd.). gibbon Cutting Ceremony for ...................................................................................................................................................................................... Following the ribbon cutting ceremony, please join us for the GUN CLUB ROAD DISCOVER YORBA LINDA TRAILS 'LINEAR PARK 5K FUN WAM 19565 Yorba Linda Blvd. (lust west of Trader Joe's shopping center) The 5K FUN WALK is a non-timed event that will start at 9:30 a.m. Mayor Lindsey .will lead the walk, which will utilize various trails and pathways. Saturday, August 13, 2016 Some areas of the course have a steep incline/decline. This is a free event and pre-registration is not required. Please note this is not a 5k run 9:00 am. event. For information,please visit www.d.yorba-linduca.us. For more information, please contact the We hope you join us to "Discover Yorba Linda Trafls." Barks & Recreation ©apartment at {7 t 4} 961-7160. M C N O� W O� (� ow D � z p O Z Q CV Ch o < p 0 O m CVCN co w Q w Z � Q U cle 0 ° o o Z Z Mco Q U Z 0 u Z 0 Z w w 0 i iZX_ X16 CSDA ANNUAL CONFERENCE San Diego • Oct. 10-13 m m y g:. dti km- F � - = _ _ i _ s.�.,�����" 77 .,..,.. ATTENDEE REGISTRATION • • • • • r special istricts. ■ilii'-' � � I I. I I CSDA I �� Monday, Oct. 10 ",a = conference Workshops, golf tournament, tours, and more! Pre-conference Golf tournament & Workshops Pre-conference Tours 9:oo a.m.—3:oo p.m. 10:00 a.m. -TEE TIMES BEGIN SPECIAL DISTRICT LEADERSHIP CSDA Annual Golf Tournament �I ACADEMY MODULE 1:GOVERNANCE CORONADO MUNICIPAL FOUNDATIONS-Earn SDRMA CIPS GOLF COURSE $225 Member,$340 Non-member $95 includes golf cart,lunch,and prizes! (pre-registration/payment required) (pre-registration/payment required) As the core curriculum of CSDAs Special Join special district elected officials,staff, District Leadership Academy,this workshop and business affiliates at this optional serves as the"foundation"for the series on event.Great golf skills are not necessary! ' effective governance of special districts.It is Transportation to/from on your own. specifically designed for special district board members and meets the requirement for six 12:00—3:00 p.m. hours of governance training for Special District Pre-Conference Tour Leadership Foundation programs. CARLSBAD DESALINATION PLANT 12:00-3:45 p.m. $35 per person includes light lunch,tour,and COMMUNICATION STRATEGIES + transportation to/from the hotel. FOR BOARD MEMBERS AND Limited to 45 attendees.Register early! GENERAL MANAGERS After three years of construction,the San BHI Management Consulting Diego County Water Authority and Poseidon Water dedicated the Claude"Bud'Lewis $150 Member,$225 Non-member Carlsbad Desalination Plant on Dec. 14,2015.The (pre-registration/payment required) plant is producing approximately 50 million gallons Communication is the fluid of any organization. per day of locally controlled water for San Diego County,helping to minimize This workshop is critical for those districts that the region's vulnerability to statewide drought conditions.It is part of a$1 billion know they have organizational challenges and project that includes the nation's largest and most technologically advanced those who know enough to believe that good and energy-efficient treatment plant,a 10-mile large-diameter pipeline and communication is an absolute best practice.It improvements to Water Authority facilities for distributing desalinated seawater will deal with the most commonly overlooked, throughout San Diego County.The plant meets about seven to 10 percent of the complicated,and difficult areas of public agency region's water demand—about one third of all the water generated in the county. communications. TOUR.PARTICIPANTS TAKE NOTE:Please wear long pants(no capr'is)and closed-toe, R at,sturdy shoes'(no.heels:al.lowe.d)..and ib:ring a:govern,ment issued photo.identification. Due to security at the site,you will not be allowed to tour the'facility without proper clothing and identification...Pers.onal protective equipment(hard..hats,.'vests and safety glasses).will be.provided atthe plant.-- 4 hCdonference sceule . Don't be left on shore -this Leader-Ship is about to set sail! TUESDAY,OCTOBER 11 ARE YOU WEARING THE RIGHT HAT? Successful special districts depend on both board members and 7:3o a.m.—6:oo p.m. staff to know which role they play and carrying that out for the Exhibitor Showcase Open benefit of the district as a whole.The presenter of this session has served as both a board member and staff member and can help 7:30—8:45 a.m. you learn more about what role you should be playing in your Continental Breakfast with the Exhibitors(Rade) district and how to avoid"crossing the line.' 9:00—10:45 a.m. ACCOUNTING AND FINANCIAL REPORTING Opening Keynote Presentation: UPDATE FOR SPECIAL DISTRICTS Ross Shafer Mann, Urrutia,Nelson CPAs&Associates LLP HOW TO STAY RELEVANT The governmental accounting and financial reporting landscape Six-time Emmy Award winning gets more complex each year.This breakout will provide an update comedian and author of 14 human of GASB requirements and will provide relevant steps you can resource training films on customer take to minimize their impacts on your district. service and leadership presents, "How to Stay Relevant."Staying relevant is different from being VOTING RIGHTS ACT:WHERE WE'VE BEEN current.Being"current"is awareness.Relevance is taking action AND WHERE WE'RE GOING to make sure you matter to your customers,your constituents,and Cota Cole LLP your teams.Schafer has studied different industries to understand This breakout will delve into the most recent case law and relevance and how organizations can heighten theirs and he'll legislative developments that are impacting how public agencies share with you what he's learned. address voting rights issues.While some introductory explanation of the issue will be provided,the purpose of this presentation will 11:oo a.m.-12:00 p.m be to provide a thorough analysis of more recent developments. CSDA Finance Corporation Board and Annual Meeting ETHICS,GIFTS IN THE PUBLIC SECTOR,AND FPPC REPORTING OBLIGATIONS 11:oo a.m.-12:00 p.m Atkinson,Andelson, Loya,Ruud 2'r Romo Breakout Sessions This breakout will cover ethics and conflict of interest requirements, REQUIRED ETHICS AB 1234 COMPLIANCE TRAINING(PT.1) including legal prohibitions and mandated disclosure obligations Meyers Nave under California law.Public officials and employees who are This two-part training covers general ethics principles and state required to file Form 700s will find it highly informational. laws related to:personal financial gain by public servants;conflict of interest,bribery and nepotism;gift,travel and mass-mailing SPECIAL DISTRICT EXECUTIVE RECRUITMENT, restrictions;honoraria;financial interest disclosure and competitive EVALUATION,AND COMPENSATION bidding;prohibitions on the use of public resources for personal Hanson Bridgett LLP or political purposes;the Brown Act open meeting law and more. Recruiting executives has become increasingly difficult for Must attend both sessions in order to receive your certificate. public agencies.Special districts are constantly filling positions at the executive level but are frequently hindered by limits on compensation,including limits imposed by PEPRA.We will discuss how to approach executive compensation post-PEPRA and how to avoid federal tax law traps along the way. 8 SCHEDULE 110.11 2016 PREVAILING WAGE STRETCHING COMMUNITY DOLLARS TAKING CHARGE OF YOUR NEWS REQUIREMENTS-NEW LAWS, TO BUILD FOR THE FUTURE COVERAGE:TIPS AND TRICKS NEW REGULATIONS Institute for Local Government FOR MAKING THE MOST OF YOUR Contractor Compliance and Local elected officials have a unique MEDIA INTERACTIONS Monitoring,Inc. and important role in the development, Communication Advantage The implementation of SB854 still resilience,and success of their communities. Be sure to attend this session designed to challenges public agencies.New Collaborations in the form of shared services, help district officials unravel one of the updates in 2016 and pending legislation staffing,joint use,and planning yield results greatest mysteries of public service:How may affect which contractors an agency greater than any one single agency could to say just the right thing,at the right time, can use on public works projects.Join achieve on its own.Learn from local leaders when the news media knock on the door us for a review of SB 854 obligations about best practices and lessons learned in (or telephone or website or twitter feed). and 2016 changes,and to discuss best building and furthering collaborations. practices for managing public works STRATEGIES FOR DEALING WITH A and maintenance work under these PAYING FOR CAPITAL PROJECTS: TOXIC WORKPLACE new rules. KEY CONSIDERATIONS FOR Placer County Water Agency UTILIZING DEBT A dysfunctional or"toxic"workplace 12:00—1:45 p.m. CSDA Finance Corporation is often characterized by poor Lunch with the Exhibitors If your district is considering using debt communication,lack of trust,gossip and Included in conference registration. to fund all or part of a mission-critical cynicism,blame and scapegoating,and All conference attendees are welcome to capital project,knowing how to prepare to negativity.This interactive session will attend lunch in the exhibit hall.Enjoy incur long-term indebtedness is critical. provide attendees with a checklist that your lunch while taking time to learn Join consultants from the CSDA Finance can be used to determine whether your more about our exhibitors and the Corporation to learn about financing workplace is in fact toxic,and will share valuable services they provide.From strategies and how to achieve the best terms effective strategies to clean up the toxins risk management,accounting,HR, and interest rates for your district. and rejuvenate the organization. legal,banking services and more,our exhibitors have some of the best of what THE BOARD AND POLICY MAKING- you're looking for! GETTING CLEAR ON THE ROLES BHI Management Consulting 2:00—3:15 p.m. The prime role for the board is to make/ - � Breakout Sessions clarify or improve the policy of your agencies. This breakout is meant for allboard xx REQUIRED ETHICS AB1234 members,at any level of service,to consider COMPLIANCE TRAINING(PT.2) the critical nature and importance of the Meyers Nave practice of policy-making. This two-part training covers general ethics principles and state laws related COME HELL OR HIGH WATER: to:personal financial gain by public FUNDING CONSERVATION,FLOOD -- --- servants;conflict of interest,bribery CONTROL,AND STORMWATER and nepotism;gift,travel and mass- Best Best 2'r Krieger LLP I thought the CSDA conference mailing restrictions;honoraria;financial This presentation will address potential was a great blend of sessions interest disclosure and competitive solutions to structuring tiered water rates in developed to assist our industries bidding;prohibitions on the use of light of recent court decisions;and options and their needs as well as great public resources for personal or political for funding discounts for low income water, keynote speakers who were purposes;the Political Reform Act;the sewer,and solid waste service customers,and particularly motivating and Brown Act open meeting law and the stormwater and flood control services. inspiring to help us breathe new California Public Records Act.Must attend both sessions in order to receive life into our own positions,and to help our office staff do the same." your certificate. Sheryl Landrum District Manager California Special Districts Association I Conference Registration SCHEDULE I TUESDAY 10.11 CONT. 3:30—4:30 P.m. SPECIAL DISTRICT REORGANIZATION: CHAIRING AND Breakout Sessions WHAT DOES IT MEAN,WHAT ARE THE MANAGING EFFECTIVE OPTIONS,AND HOW DO WE PREPARE? PUBLIC MEETINGS UH-OH!HOW TO STEER THE SHIP BACK Kampa Community Solutions Colantuono Highsmith TO SAFETY IN EMERGENCY SITUATIONS Districts are expected to have the expertise to Whatley PC Meyers Nave provide the basic services for which they were Dread the thought of chairing Natural disasters,political dramas,personnel formed.But what if you can't afford providing or attending another meeting? issues,and capital projects gone awry are just services at a level that meets all laws and This breakout will help you some possibilities that could plunge a district standards?Presenters will cover a checklist make board,public,staff,and into emergency mode.We'll provide the tools to of items for consideration to avoid potential just about any meeting more navigate these crises with composure,in both major operational and financial pitfalls constructive.It will provide short and long terms. associated with consolidation. techniques and tips for effective meetings. REV UP YOUR REVENUE:A HOW-TO-DO- CARLSBAD SEAWATER DESALINATION IT OVERVIEW FOR SPECIAL DISTRICTS PROJECT:COLLABORATIVE DESIGN-BUILD WITH REVENUE NEEDS SOLUTIONS DELIVERY UNDER NEW SCI Consulting Group Panel Discussion CALIFORNIA LAW An overview of current available revenue The Carlsbad Seawater Desalination Project is Atkinson,Andelson, Loya, mechanisms,including special taxes,benefit the nation's largest and most technologically Ruud&Romo assessments,fees and charges,and grants. advanced and energy-efficient seawater The law has been revised in the Associated public opinion polling and community desalination plant.Completed in December past several months to allow, outreach will also be presented. 2015,this$1 billion project provides a under certain conditions,local drought-proof,locally controlled water supply agencies to contract using the OPEB AND PENSION STRATEGIES: to 400,000 people in San Diego County. design-build method.This UNLOCKING THE POWER OF PRE-FUNDING The project was built as a public/private breakout will educate on the PARS partnership that included the Water Authority, design-build delivery method This breakout will address the latest funding Poseidon Resources,and IDE Technologies. and the qualifications and legal strategies and trends to reduce both OPEB and This session will include a panel of partners to requirements to implementing pension liabilities.Presenters will cover:how to discuss the collaboration necessary on the long such a project in the state of reduce retiree health care obligations,pre-funding road to permit the plant,and the process to California. liabilities,benefit and funding strategies,and design and fund the facility,the water purchase options to lower pension liabilities and improve agreement that ensures regional delivery of the net pension liabilities(GASB 68). water,and day-to-day operations. m� • II f F „....... .,;, ri - WEDNESDAY 10.12 WEDNESDAY,OCTOBER 12 2016 FAIR EMPLOYMENT AND HOUSING ACT (FEHA) UPDATES X8:15—g:oo a.m. Special District Risk Management Authority(SDRMA) SDRMA Sponsored Full Plated Breakfast Effective on April 1,2016 the Department of Fair Employment All registered attendees and exhibitors welcome. and Housing(DFEH)issued the new regulations to the Fair Employment and Housing Act(FEHA).The session will identify 9:00—10:45 a.m. the updated"employer"duties to take"reasonable"steps to SDRINIA General Session,Safety prevent and correct discrimination and harassment in the Awards,Keynote Presentaion workplace.We will discuss the new law and its effect on gender identity,gender expression,and transgender status,which are SDRMA expressly protected in the workplace. KAI KIGHT REQUIRED AB 1825 SEXUAL HARASSMENT PREVENTION COMPOSING YOUR WORLD FOR STAFF AND ELECTED OFFICIALS(PT. 1) Kai Knight has a diverse background that has been fueled by Burke Williams Sorensen creating and making music.He holds an engineering degree AB 1825 makes sexual harassment prevention training mandatory from Stanford University's d.school where he was introduced for supervisory employees of special districts and other to the innovative culture of Silicon Valley.Kai began playing the organizations.This legislation requires employers to ensure that violin when he was three years old,was classically trained,and all managers/supervisory employees receive at least two hours of studied under the concertmaster of Kennedy Center Opera House sexual harassment prevention training every two years.Receive Orchestra.His music has brought him to perform in venues such your AB 1825 compliance training for special districts with this as the White House and the Great Wall of China. breakout.Must attend both sessions in order to receive your certificate. Why do some people just play notes they are handed while others write new music in the world?In his captivating presentation, LET THE SUN SHINE IN:BROWN ACT UPDATE violinist Kai Kight will tackle this question,perform original Atkinson,Andelson, Loya,Ruud 2'r Romo music,and share the inspiring story of how he became an This session will educate on the legal requirements and procedures innovative composer in a field of conformity.This session will to ensure public business is conducted in full compliance with leave you feeling inspired to take your future into your own hands California's transparency laws.Attendees will learn the Brown and bring your unique ideas forward. Act's requirements concerning agendas,meeting procedures, public participation,and permissible closed session exceptions. 3.3.:ooa.m.-4:45 P.M- SDRMA Safety Specialist Certificate Program AND NOT A DROP TO DRINK:OPTIONS AND Lapidus Safety Consulting OBLIGATIONS FOR HANDLING CALIFORNIA DROUGHT This session will identify the critical elements that compromise Hanson Bridgett LLP a safety plan.Identifying key components of the Injury,Illness Drought continues to hound California water agencies,despite Prevention Plan(IIPP),Cal/OSHA guidelines,and best practices the recent rains.With the drought have come state mandated of safety management to help your agency stay safe.Participants regulations,as well as increased pressure on agencies'financial will receive a General Safety Certificate and earn CIP points for modeling.We will discuss agencies'obligations under the drought their agency. SDRMA members only. regulations and the options that are available for recovering costs in light of the limits imposed by Proposition 218. 11:00 a.m.—iz:2.5 P.m. Breakout Sessions INNOVATIVE STRATEGIES AND SOLUTIONS THROUGH COLLABORATION BECOME THE OFFICE COACH-COACHING Panel Discussion FOR PERFORMANCE Although service area maps clearly define service boundaries, CPS HR Consulting agency leaders can collaborate and use contractual agreements The three keys to successful leadership are knowing your people, to create solutions that improve service,share costs and getting results,and establishing a positive work environment. infrastructure,and create progressive projects that might Coaching is the leadership competency that creates development otherwise not be achievable.Attend this session to learn about within all three keys.This breakout will explore the coaching techniques others have used to improve collaboration and take process and how you can move people into higher levels of away ideas you can incorporate into your own district. performance using coaching. California Special Districts Association I Conference Registration 11 SCHEDULE I WEDNESDAY 10.12 CONT. BUILDING CONSENSUS FOR CORE PRIORITIES: 2:15—3:30 P.M. CRITICAL ACTION YOUR BOARD SHOULD TAKE Breakout Sessions Rauch Communication Consultants, Inc. Whether you call it identifying priorities,building consensus, PREVENTING EMPLOYEE DISHONESTY or strategic planning,building consensus for core priorities is CLAIMS/BEST PRACTICES a critical action to move your district from good to great.This Special District Risk Management Authority(SDRMA) will help you to overcome key challenges and take advantage of This session will identify and discuss steps that a board can important opportunities. implement to prevent and mitigate employee dishonesty/ embezzlement losses.Reviewing recently published Grand Jury reports provides specific examples of how employees were able to circumvent agency policy to embezzle district funds and also ';1 A identifies misuse of district property. MORE OPEN AND PUBLIC?RECENT DEVELOPMENTS IN ' THE CALIFORNIA PUBLIC RECORDS ACT ® Burke Williams Sorenson Between the Legislature and the courts,2016 has been a significant year for new laws and decisions affecting the scope and application X12:30—2:00 P.M. _ of the California Public Records Act.This breakout will address CSDA Annual recent updates to the law. Awards Luncheon All registered attendees and exhibitors welcome. HOW QUALITY STANDARDS CAN Recognize and celebrate your peers.Join us as we celebrate the RE-INVENT GOVERNMENT best of special districts with awards including:Board Member of CPS HR Consulting the Year,General Manager of the Year,the prestigious William A quiet revolution in government management has begun, Hollingsworth Award of Excellence,Special District Leadership with a goal of reinventing the value proposition of government. Foundation(SDLF)Awards,and more! This breakout will discuss the revolution,which is based on the universal adoption of an intriguingly simple set of auditable quality standards that provide a uniform and objective means CSDA Recognizes the Best Among Special Districts of measuring delivered efficiency,effectiveness,and value in all Do you have a board member,staff member,local chapter government offices and agencies everywhere. or program that you feel deserves recognition? REQUIRED AB 1825 SEXUAL HARASSMENT PREVENTION Each year,CSDA presents various awards during the FOR STAFF AND ELECTED OFFICIALS(PT.2) conference.There are a number of different categories. Burke Williams Sorensen Please consider outstanding individuals within your AB 1825 makes sexual harassment prevention training mandatory districts for individual awards.Chapter awards and district for supervisory employees of special districts and other awards are also open for nominations. organizations.This legislation requires employers to ensure that all managers/supervisory employees receive at least two hours of sexual Visit the Awards section of our conference website at harassment prevention training every two years.Receive your AB conference.csda.net for more information. 1825 compliance training for special districts with this breakout. Must attend both sessions in order to receive your certificate. CSDA Awards Luncheon Guest Only, without a conference registration:$45 BUSINESS CONTRACT PROVISIONS THAT If you have any questions regarding the awards or PROTECT YOUR DISTRICT the awards process,please contact Charlotte Lowe at Liebert Cassidy Whitmore 877.924.2732 or by email at charlottel@csda.net. Nothing is wrong with your vendor contract until the unexpected happens.Districts will receive pointers to avoid problems with Deadline for submissions is Friday,July 22,2016.All vendor contracts using real life examples,including"must-have" applicants will be notified prior to the Annual Conference provisions and how to proceed when vendors want you to sign as to the winner. confusing contract forms. 12 SCHEDULE I WEDNESDAY 10.12 CONT. NAVIGATING THE CALPERS AUDIT ON-BOARDING THE BOARD Best Best 2'r Krieger BHI Management Consulting This presentation will discuss the most common compliance When a new board member starts their service in a district,it issues that lead to an audit finding and how an agency can always presents a unique opportunity to"on-board"them properly. address those issues to minimize the impact of an audit.In This breakout will provide attendees with information on how to addition,we'll discuss the risk factors that make an agency more do just that. likely than not to be selected for a Ca1PERS audit.Finally,we'll walk you through the audit process and discuss the purpose and BIDDING PROCEDURES AND BID PROTESTS target of each phase of an audit. Liebert Cassidy Whitmore This breakout will provide an overview of the bidding process, MASTERING GOOD GOVERNANCE including statutory authority,bidding procedures and Rauch Communication Consultants considerations,and responsiveness vs.responsibility.Using specific This interactive session full of examples and real world ideas examples,this session will also provide best practices for special will help you streamline and update how your board operates. districts to avoid a bid protest and how to property handle a bid Gain ideas on how to make board meetings more effective, protest if one occurs. interesting,and meaningful.Learn how to evaluate whether to have committee meetings and,if so,how to structure them. R.E.S.EE.C.T.:COMMUNICATING YOUR DISTRICT'S VALUE Get tips on how to ensure your board is focusing on the right Panel Discussion information and issues and providing clear policy direction to District officials and staff seek guidance on how to create strategic the manager. communications and outreach programs that are effective in educating their customers.A panel will share success stories and best 3:45-4:45 P.M. practices on identifying customer segments and their motivational Breakout Sessions factors,crafting tailored messages,and coordinating programs that deliver intended communications to customers in a way that builds LET'S GET DIGITAL-ELECTRONIC trust and motivates action. RECORDS MANAGEMENT Laserfiche EVERYTHING YOU NEED TO KNOW ABOUT Today's special districts have more information than ever, ONLINE COMPLIANCE and it is a challenge to effectively manage warehouses full of Streamline documents.That's why many special districts are turning to CSDA Legislative Representative Dillon Gibbons and the folks at electronic records management for relief.Join us to learn more Streamline,who brought CSDA members the free SB 272 compliance about the fundamentals and best practices of establishing an tool,will go over everything special districts need to know about electronic records management strategy. online compliance-even for those without a website.Theyll touch on federal and state requirements,go over the Freedom of Information WORKERS'COMPENSATION CLAIMS- and Public Records Acts,and discuss transparency best practices.The WHAT'S AN EMPLOYER TO DO? presenters will also give an update on pending legislation that affects Special District Risk Management Authority(SDRMA) districts.Attendees will leave with comprehensive handouts detailing Understanding the workers'compensation claims process and each requirement to help them with compliance. the responsibilities of both the employer and employee is critical in the claims process.This session will discuss and provide DRONES IN YOUR DISTRICT:TECHNOLOGY, examples of the employer's role in managing a work-related EXISTING LAW,AND PRIVACY CONCERNS injury.The primary goal of a successful claim is returning the Meyers Nave employee to work.What steps are necessary to accomplish this Unmanned aerial vehicles,commonly known as drones-are creating goal?What is the injured employee's role in the claim process? challenges for state and local governments.This session will explore These and many other questions will be answered. new and proposed drone legislation and the developing dialogue about surveillance,voyeurism,and privacy rights. Usn -8:oo p.m. Special District Leadership Foundation(SDLF) Taste of the City OKTOBERFEST CELEBRATION See next page... Cali{onaia Special Districts Association I CoratcrE n«hegistratiora 13 SCHEDULE ' 1 I .13 THURSDAY,OCTOBER 13 10:15 a.m.—12:00 p.m. Closing Brunch 8:30—10:0o a.m. Breakout Sessions 2016 LEGISLATIVE IMPACTS ON SPECIAL DISTRICTS CHAPTER ROUNDTABLE DISCUSSION Join the annual roundtable gathering of CSDAs affiliated chapters. CSDA board members and CSDA affiliated chapter officers will come together from throughout the state to share an update on the state of the chapters,discuss best practices,and deliberate the latest issues and opportunities facing the membership.Learn more about Kyle Packham Christina _ Gibbons MacDonald the local leadership at work within the special districts community and how participating in a CSDA affiliated chapter can benefit your CSDAs lobbying team will present attendees with the most up- district and your region.All attendees welcome. to-date information on the outcome of the most significant state budget and legislative issues impacting special districts in 2016,as CEQA:WHAT SPECIAL DISTRICTS NEED TO well as a sneak peak of what to expect in 2017. KNOW IN 2016 AND BEYOND Best Best&Krieger LLP and Albert A. Webb Associates This year included major proposals affecting special district Special district actions must comply with fast-changing CEQA law. governance and reporting,as well as how your district contracts This panel addresses recent legislation and litigation,and will touch for the design and construction of vital infrastructure.Get all upon GHGs,AB 52,special events,water issues,and much more. the latest legislative results and learn what they mean for special districts going forward. THE ETHICAL MAZE OF ELECTED OFFICE Liebert Cassidy Whitmore 12:00 p.m. California law includes an endless and varied array of ethics and Time to disembark. related laws that affect elected leaders.This breakout will address these laws so that staff can educate the elected official concerning easily-violated ethical standards. ENHANCED INFRASTRUCTURE FINANCING DISTRICTS- SHOULD SPECIAL DISTRICTS JOIN THE PARTY? Kosmont Companies Welcome to the post-RDA world of economic development.With a dozen new statutes geared toward directing how public agencies can attract private investment and jobs,it's time to figure out how to make it work for special districts. Everythingwentgreat. The breakout sessions were so informative and the speakers very helpful and willing to find info on any questions they couldn't immediately answer. The hotel was very comfy and the staff- hotel and conference alike-were very attentive." Crystal Smith Director California Special Districts Association Conference Registration 15 :Z� ,16 D . ANNUAL CONFERENCE Hotel and location Sheraton San Diego Hotel and Marina 138o Harbor Island Drive 910 San Diego, CA 92101 Room reservations are available at the Sheraton San Diego Hotel&Marina at the CSDA rate of$159 plus tax single or pp I double occupancy,which includes com limentar estroom p Ygu internet access.Call 877.734.2726 and ask for the California Special Districts Association rate.The first night room and - tax becomes non-refundable if a reservation is cancelled after the cut-off date of Monday,September 19 at 5:00 p.m. NEW youl v: 16 a � I � 2016 Conference mall ATTENDEE REGISTRATION FORM pppp one form per attendee,please print Three Ways to Register: Full conference registration fee includes: 1.ONLINE by visiting the CSDA Annual Conference website at conference.csda.net • President's Reception with the Exhibitors Monday evening 2.FAX your registration form to 916.520.2465.All faxed forms must include payment. • Keynote Sessions 3.MAIL CSDA,11121 Street,Suite 200,Sacramento,CA 95814,please include registration form • Continental Breakfast with the Exhibitors on Tuesday along with payment.Check should be made payable to:California Special Districts Association. • Lunch with the Exhibitors on Tuesday • Mix and Mingle in the Exhibit Hall on Tuesday Not sure if you are a member? • SDRMA Full Plated Breakfast on Wednesday Contact the CSDA office at 877-924-2732 to find out if your agency or company is already a • Awards Luncheon on Wednesday member.To learn more about the benefits of membership,contact Member Services Director • All Breakout Sessions on Tuesday,Wednesday,and Thursday Cathrine Lemaire at cathrinel@csda.net or call toll-free 877.924.2732. • SDLF"Taste of the City"Reception on Wednesday • Closing Brunch on Thursday Name: Title: District: Address: City: State: Zip: Phone: Fax: Email: Website: Member status: ❑ Member ❑ Non-member Emergency Contact: ❑Vegetarian ❑Any Special Needs: Conference Registration Fees Regular(after Sept.9) SUBTOTAL ❑CSDA Member-Full Conference $580.00 $630.00 ❑ Non-member-Full Conference $870.00 $945.00 ❑Guest-Full Conference(Cannot be from a district/company) ❑Vegetarian $275.00 $315.00 ❑CSDA Member-One-day registration ❑Tuesday ❑Wednesday ❑Thursday $275.00 each day $290.00 each day ❑ Non-member-One-day registration ❑Tuesday ❑Wednesday ❑Thursday $415.00 each day $435.00 each day Separate Registration Fees Member Non-member SUBTOTAL ❑ Pre-Conference Workshop:SDLA Module 1:Governance Foundations-Oct.10 $225.00 $340.00 ❑ Pre-Conference Workshop:Communication Strategies for Board and Managers-Oct.10 $150.00 $225.00 ❑Tour:Carlsbad Desalination Plant-Oct.10 $35.00 (includes transportation/lunch)(limited to 45 attendees) ❑CSDA Annual Golf Tournament-Oct.10 $95.00 (includes lunch) ❑SDRMA Safety Specialist Certificate Program-Oct.12 No cost(SDRMA Members Only) ❑CSDA Awards Luncheon(Guests only)-Oct.12 $45.00 ❑SDLF"Taste of the City"Reception(Guests only)-Oct.12 $60.00 CSDA Member Guest $90.00 Non-member Guest Payment type: ❑ Check ❑Visa ❑MasterCard ❑AMEX ❑Discover Account name: Account Number: Expiration date: Authorized Signature: Cancellations/Substitution Policy: Cancellations must be in writing and received by CSDA not later than Friday,September 16,2016.All cancellations received by this date will be refunded less a$75 processing fee.There will be no refunds for cancellations made after September 16,2016.Substitutions are acceptable and must be done in writing no later than September 23,2016.Please submit any cancellation notice or substitution request to lindseys@csda.net or fax to 916-520-2465. Consent to Use Photographic Images:Registration and attendance at,or participation in,CSDA meeting and other activities constitutes an agreement by the registrant to CSDA's use and distribution(both now and in the future)of the registrant or attendee's image or voice in photographs,videotapes,electronic reproductions,and audiotapes of such events and activities. (-aNtornaia Special Distrias Association I CoaatE rE n«Rcgistratiora OTHER MATERIALS SUBMITTED DURING THE MEETING JWTUBUTTED BY: James Fisler E: August 2016 MesaWater DISTRICT° August 3, 2016 Dedicated to Satisfying our Community's The Honorable Ric Collett Water Needs President, Board of Directors and BOARD OF DIRECTORS Mr. Marc Marcantonio, General Manager Shawn Dewane President Yorba Linda Water District Division V 1717 E. Miraloma Ave. Ethan Temianka Placentia, CA Vice President Division III Jim Atkinson Dear President Collett and General Manager Marcantonio: Director Division IV Mesa Water District congratulates Yorba Linda Water District (YLWD) on the recent Orange County Superior Court ruling validating YLWD's Fred R. Bockmiller, Jr., P.E. emergency rate increases. Director Division I Mesa Water@ agrees with the Court's determination that, in order to meet James R. Fisler financial obligations, YLWD's actions were legal. This important ruling Director reaffirms the Prop. 218 process as well as water districts' ability to raise Division II rates in order to cover expenses and revenue shortfalls due to conservation and drought. Additionally, Mesa Water@ commends YLWD's efforts to preserve its Paul E. Shoenberger, P.E. financial integrity while continuing to provide high-quality water service for General Manager the community, constituents and customers. It is with great admiration that we offer your Board and staff wholehearted congratulations on this Phil Lauri, P.E. triumph. Assistant General Manager Coleen L. Monteleone Please feel free to contact us if we can ever be of support and/or service Assistant General Manager to you and the Yorba Linda Water District. District Secretary Andrew N. Hamilton District Treasurer Sincerely, Bowie, Arneson, Wiles &Giannone ��� � Legal Counsel `� v Shawn Dewane Paul E. Shoenberger, E. Mesa Water Board President Mesa Water Gene Manager 1965 Placentia Avenue Costa Mesa, CA 92627 c: Mesa Water Board of Directors tel 949.631.1200 YLWD Board of Directors fax 949.574.1036 info@MesaWater.org MesaWater.org MATERIALS SUBMITTED BY: James Fisler MEETING DATE: August 11,2016 Elect James R. Fisler ISDOC President James R. Fisler — Director, Mesa Water District With a passion for public policy and public service, Director Fisler would be honored to receive your vote to serve as President of the Independent Special Districts of Orange County (ISDOC). He currently serves as ISDOC 1St Vice President. Director Fisler is committed to representing the mutual interests of ISDOC's members, including 26 independent special districts that serve the needs of Orange County's water, wastewater, sanitary, cemetery, vector control, library, recreation and parks, and other districts that provide specialized services within their communities. If elected ISDOC President, Director Fisler pledges to facilitate information sharing about current issues and trends related to special districts, and to advocate for the shared interests of ISDOC members. Please consider voting for Director Fisler as ISDOC President. James (Jim) R. Fisler was appointed to the Mesa Water District Board of Directors in August 2009, elected in 2010 and re-elected in 2012. He served as Mesa Water's Board President from 2012-2014, which included service on the District's Executive Committee. Since 2014, Director Fisler has served as 2nd Vice President and subsequently as 1St Vice President of ISDOC. He was also elected in 2011, and re-elected in 2014, as an Alternate Commissioner to the Local Agency Formation Commission of Orange County (OC LAFCO) to represent the Special Districts of Orange County. Additionally, Director Fisler is serving as a member of the Local Government Committee of the Association of California Water Agencies (ACWA), and he has served as a Mesa Water® representative at California Special Districts Association (CSDA) activities. Currently for Mesa Water®, Director Fisler is Chairman of the District's Legislative & Public Affairs Committee, Vice Chairman of the Engineering & Operations Committee, and he serves as an Alternate on Mesa Water's Finance Committee. He is also on the Costa Mesa Chamber of Commerce Board of Directors, and he Chairs the City of Costa Mesa's Finance Advisory Committee. Previously, Director Fisler served as a Board member of the Friends of the Costa Mesa Libraries, and of the Costa Mesa Senior Center. He also served as Vice Chair of the City of Costa Mesa's Planning Commission, and as a Parks and Recreation Commissioner for the City; he is also a graduate of the Costa Mesa Citizens Police Academy. Additionally, he was a member of the City of Costa Mesa's Residential Rehabilitation and Redevelopment Committee for more than a decade, serving in many capacities including as an alternate, full member, or liaison from the Planning Commission; he also volunteered in the City's Neighbors for Neighbors program for over 10 years. From March 2010 to December 2012, Director Fisler served as President of the Mesa Water District Improvement Corporation, a California nonprofit public benefit corporation formed to assist Mesa Water® in financing certain improvements to the District's water system.