Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1990-08-09 - Board of Directors Meeting Agenda Packet
11(4 YORBA LINDA WATER DISTRICT AGENDA PACKET (OK 1 Setvic-e40/0i /4/04//ta - 6r�, 176(ckik Board Meeting AP 1 of 1. /(9Pill"° G � _g4 - August Xesout9, 1990 pbai YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING AUGUST 9, 1990 8:30 A.M. 4622 PLUMOSA DRIVE, YORBA LINDA • CALL TO ORDER :3 / FLAG SALUTE ROLL CALL Arthur C. Korn, President Roy Knauft, Vice President Paul Armstrong Sterling Fox INTRODUCTION OF VISITORS AND PUBLIC PARTICIPATION Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. if the matter is on this agenda,the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the 'urisdiction of the Water District. Comments are limited to five minutes. - 0-e r+vii r- '- /'tt,ti '` / f (a �.ii - 671906/=d- �� 0/41_ - �NSENT CAEN II items listed on the Consent Calendar are considered to be routine matters, status reports, or documents covering r previous Board'instructions. The items listed on the Consent Calendar may be enacted by one motion. There will be no 4-0 discussion on the items unless a member of the Board,the staff, or the public requests further consideration. 1. Approval of Minutes Regular meeting of July 26, 1990. 2. Authorization for the Directors to leave the State of California prior to next meeting. 3. Approval of agreement with County of Orange for adjusting sewer manhole covers within their Contract No. 1 .,project; and authorize the ,President and Secretary to execute the agreement. by/' 4 ( /-�/�d / c "'49 /?'C (P::, 007 4. Approval of Temporary Water Service Agreement outside District boundaries with Steven Z. Volski :& Associates and authorize the Acting General Manager to execute the agreement. 5. Approval to release the Cash Bond (Faithful Performance) in the amount of $9,146.50, to the Orange County Pump Company for modifications to the Timber Ridge Booster Station. 6) Approval of the Maintenance Contract for the DEC Computer from the Ultimate Corporation and authorization of the allocation of $11 ,124.00 from the 1 i ji.Unapprropriated Water Operating Fund Balance; -- 4 �'�t'/ t` ss(t�L• r' pt � ( f�f.s'/='C�' W j �� 11i I- / '� e`C'`!,i �"y ( / ' li( 1 ,--- 4 (__ /ef,t- 11-) ( Li r 7. Acceptance of the Treasurer's Report for June 30, 1990. ....2 " OP,O.961/ tO 1,61V lell P.K6' 6 2 ,. . i i_ 8. Approval,to solicit bids for a one (1) year paving contract. i I 0 kr J 1 4, 1 ,f);:i. 2,,Libi, _ oifc /ssQ,--6' 02,r4 „._) )1,1, 'up Ervat,, r-e(Orvc J,oile,, ..., T-ei bt ”,..,4''' DISCUSSION CALENDAR "••,611(i u(ke(2, V5) , pylpollie fel-j:-0-04 pg(tLefe,-; 12,61:")4/rma'vt-a,0,-;?/, This portion otthe-agetidalsidrifems N0 where staff presentations and Board dscLissions are needed prior to fo ,Board, ____ tions,i- r,d Ji e2. is dgicit'lt( go/fig.s ki,I i cl:(;.)c4,•li 0,4.L.:.t"--.6%e-e).,6%.1e )artsc, 6.szeirry ei,4-1Y yi645-1-ridoot».la 5 r I 0.g- or /cow ppeli-oxi‘,, a ) „in 0 te:i 0,14. onsideration of an Amendment to the 1989 Water Service Agreement 1 gr71 a) Report by Engineering Manager 40/Ai;1-. b) Discussion gid,t/ m ex p iri:?;4z,,6,4 4 giVild*quit" •1‘11)11 -'3-5 6°f"i 4 t°I.i:41Y/61.- ,1 i ktilt P.:-,'C) Action: If desired, motion to approve Amendment to the 1989 Water Service AktUVIH,,,e. ,. Agreement; and authorize the President and Secretary to execute the First Amendment subject to receipt of the Grant Deeds for the two reservoir sites; and authorize staff to immediately release for occup/929y.the Yorba HillsFire Station --No. 53. l'IVP i eufaxe2,4 Peu fr4i/4 .,(41.5i..31 lied K.-5,-,),,i &,rikPc; o,A5A„5. ha."-e. .0i/s.. 4ait6s ' co 7/5' '`"? u t I's' i it'i ,e)-{ef,'/..7- rti Po e",,, -/O/d; ay. e)cc'P/*q...''.-1.-5 , ,s. ,L, "2. 4 , j",,,? t rid :, ,c; ''4 , ..°IOW'v nile,•D',j•y 6,,,,ze, irjo" • Pi-rwiel_ns "elPhi-ils"tor Vi?.2"..,;1e6t) i,q d.o I:i difi fiv a 3.., adv-is t ao,,,,,..c.:,as}4 ezkqio '' n \{;!,'qpi'ort on the Lotbas De Yorba Water Well #2 roject Ida)'Report by Engineering Manager t55 b) Discussion c c) Action: If desired, motion to determine that the Lomas De Yorba Water Well #2 of;) , A Project will not have a significant effect on the environment; a Negative P V--- k4-'' Declaration will be prepared; and that a Notice of Determination will be filed with the Orange County Clerk's Office. /2/ do e co,,./-.7,;:,i;4 -A, /29(91:e7/ o;Liq b?-46-7"/ -, -0 4, .1 1,7)01) I 107a/nly,f.ift,1 oile e)0 /1/C; LS 11 . Report on Trunk Sewer Right of Way Acquisition for properties north of Mickel Lane orifi, A - 0 and Palm Drive fiRreut./Nued4.)-p,•oldPp./cepi-1- 1:5[rbi;A:v-7/--,e ,,ci 4 6 0 il el 5 rp..,o,-; &S/ef ee/0,)„,,,6, L-1- 4, a) Report by Engineering Manager -9 r -ekt4,4's b) Discussion104-Ne,c,tkidaves a/if ,d) c) Action: If desired, motion to approve a Right of Way Agreement with Stanley A. , 60:Obvi t,.h Kaller and Arleen E. Kaller and also with Clement E. Lieber and Gerry E. Lieber PPi 4c):- 1,kc'°-'''' • subiect to review and approval as to form by the District's General Counsel; and , i c,,Aril 1 ) Lt ' , 4( 0'' aaut ho rize the President and Secretary to execute both agreements. c - J 10;' •. ''(;13 / ' Kil C f:eci P"4i- 1)61r 14 C-)) i I t./SI lid• ,. ----1 Cr °C - r-- - to a„4,4,o KJ i,5t." 1"'•--'v-P-- P r op '/ACA6: i OCA Jit• Otr iii."1_01,2[:7Consi- eration of Independent SpecialDistrictof Orange County Opinion Survey scors-''' a) Report by Assistant Admin:grator b) Discussion e.,e / ..6,16141 aoporr _or c) Action: If desired, provide direction to staff as to District's position on the issues in */' question;Rr ( ,„-0 f VI 1 ,-)Le K i ilaed Butt tieri . r / (-- 7/dlie?" ACTING GENERAL MANAGER'S REPORT ;...-,--' ,C.I....,i,( . /ra c) , I 'I0 14 i 13. Report on Plant :No. 1 Master Plan - Phase II report om i a) Report by.Acting General Manager b) Discussion c) Action: If desired, provide further direction to staff. Or ol rape,A- (, (--60L (,v)-1- v,.:,c e pd le 1-1,,,,e r5 4-k (0 ro 5 d•_•-(-1.4-4,1 SOD it Lew LW r.s.y a le e CO"d;-&,Cj;:-‘2•3 0 5 c c3 4(.6 ( 1 4 frt ,. Pv , - • sw--10, cai 5c6,,10,, of--60(aor..5 LEGAL COUNSEL'S REPORT 14. No Legal Counsel's report scheduled. STANDING COMMITTEE REPORT Executive-Administrative-Organizational Committee (Korn/Armstrong) 15. No Executive-Administrative-Organizational Committee meeting report scheduled. fid bit- Finance-Accounting t Finance-Accounting Committee (Knauft/Korn) (4S ilk)) . 16. Schedule Financ /Acc unt'ng meeting. AJ ( 0"- -s f.rpZ S O18. p3V-A- gk' j@@wlto "Doty- ., i.-6='(, .6F6/ .T3o re„. . 7 Authorization for Payment of Bills ) Report by Committee b) Discussion -- , ' c) Action: If desired, motion to approve payment of bills, payroll and refunds in the amount of $977,018.83 on Check Nos. 5661 , 5665, 5666, 6088 through 6151 and 6177 through 6204; and Payroll Check Nos. 4651 through 5482; and one wire to ACWA dated July 27, 1990 in the amount of $12,812.80. Personnel Committee (Fox//40r4a0-/ 18. No Personnel Committee'meeting report scheduled. Planning-Engineering-Operations Committee (Armstrong/Knauft) 19. Report on Planning-Engineering-Operations Committee meetin of August 3 a) Report by Committee / 7/)4 , ! 4..-1.e ". l .�� 11, a,1 X6116/ 64" b) Discussion ` 'E . a.9(2/117,„, (i / ) Action: Information only, no actio required. Lervi ' (/ Public Informa`tlon Committee (Fox/ 6,,,v, / ao,./4 P ) 20. No Public Information Committee meeting report scheduled. INTERGOVERNMENTAL MEETINGS 1 . Report on MWDOC meeting, August 1 (Knauft) cr �• ��s c 1-U "' l'"''`� ('-tC f ' ' L2-2:---Report on-GIME/meeting, August 1 °(Fox) ; _ N i /t 'a f,,,, L.24,, , , 'lS't.'' i 2-`ter.`,„ 6l94f-,, f(C?'-5 `G'`fe- / Efc /..�"< i esta 07 L-23. Report on�WACO meeting,_August 3 (Knauft), , , ((yr, i , R,a,t), : ,_ %' ,14/0.,,,L.0,7,? „---,1 L2 Report on City Council meeting, Augu t 7 (Knauft) f � e �u�o r '',, I)(19)-1 `f V,1:-'-l'%`hr ,� 25. Report on ISDOC meeting, August 8 (Fox)C'',.4- . �.�/ r�-4--,-fpps .� BOARD MEMBER COMMENTS This portion of the agenda is for cments from individual Board Members. No ac ion.will be taken on matters not listed on this agenda. E ' "" -- 5�' �?� / ( {`erJtom. ';, ---02- f- vJe- -ea4e . et,� cst�� c 6� �, f c� �6 aGc4f Clio- -- et)0IA,{- C . et'(e%V.. ` CI 00.) ((?� ,Pci 44,„e CU i+l n_. C.g27,"_0 A Z) e5 C04-Pori) 27. Director Fox c3ott,e v- 'y,es I-6 f c,!, r „t,„„,4 g,„0,11' SJ r Pori) 6146 /{ .,(Ili ( e a✓fila 1'' '6 c�. 02:,-0 J06 '`eta t0�- CGC1-te r tt .t 4 28. Vice President Knauft �II V S D.7 29. President Korn 9 C91)41, s,„:14� 7 J Q b BOARD OF DIRECTORS ACTIVITY CALENDAR 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. ADJOURNMENT The next regular meeting of the Board is scheduled Thursday,August 23, 1990 at 8:30 a.m., in the District Boardroom. Agendas for all Board of Director meetings are posted at least 72 hours prior to the meeting on a bulletin board outside the District Offices, 4622 Plumosa Drive, Yorba Linda. A complete agenda packet is available for public inspection during business hours at the District Offices and the Yorba Linda Library. BOARD OF DIRECTORS ACTIVITY CALENDAR 1. Finance Committee meeting,July 3, (Krauft/Korn) 2. City Council meeting, July 3 (Armstrong) 3. MWDOC meeting,July 5 (Knauft) 4. WACO meeting, July 6 (Knauft) 5. Planning Commission meeting, July 11 (Knauft) 6. ISDOC meeting, July 11 (Fox) 7. Board meeting, July 12 8. CSDA meeting, July 13 (Korn) 9. Executive Committee meeting, July 13 (Korn/Armstrong) 10. Richard Nixon Library Preview,July 15 11. City Council meeting, July 17(Fox) 12. MWDOC meeting, July 18 (Knauft) 13. OCWD meeting, July 18 (Fox) 14. Nixon Library Dedication Ceremony, July 19 15. Planning Commission meeting, July 25 (Armstrong) 16. Board meeting, July 26 17. MWDOC meeting, August 1 (Knauft) 18. OCWD meeting, August 1 (Fox) 19. PEO Committee meeting,August 3 (Armstrong/Knauft) 20. WACO meeting, August 3 (Knauft) 21. District Facilities Tour, August 4 22. City Council meeting, August 7 (Knauft) 23. ISDOC meeting, August 8 (Fox) 24. Board meeting, August 9 25. CSDA meeting, August 10 (Korn) i>c26. MWDOC meeting, August 15 (Knauft) 27. OCWD meeting,August 15( �a> ) ,� , , 28 Pla KrVCommission-meeting;Acrgusr 5(" ` )Z-./� 29. City Council meeting,August 21 ( ` Off:. ) ./ 30. Xeriscape Committee meeting, August 22, 7:30 a.m. (Fox) 31. Board meeting, August 23 32. District Picnic, August 25 33. Planning Commission meeting,August 29( Vn d\) ) "° 34. ISDOC General Board meeting, Aug ,st 30 (Fox) X', 35. City Council meeting,September 4 ( it 14,6h-0,40i ) 36. MWDOC meeting,.September 5 (Knauft) ' -' 37. OCWD meeting,September 5 ( 1"-':-6 t ) 38. WACO meeting, September 7 (Knauft) 1/ .1 39. Planning Commission meeting,September 12 ( ,$." ) 40. ISDOC meeting, September 12 (Fox) 41. Board meeting, September 13 42. CSDA m etingi M trrrab 1� y o w` Ce J-- I- CMZ,p' I (7 • 43. City Council meeting,September 18 ( ) 44. MWDOC meeting, September 19 (Knauft) 45. OCWD meeting,September 19 ( ) 46. Planning Commission meeting,September 26 ( ) 47. Board meeting, September 27 . ,,,/,0 4 ds d ( oi,1 it( , 44 ,c 6 i9 6-,if r C'g ?() ;. Page 2119 July 12, 1990 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING July 12, 1990 The regular meeting of the Board of Directors of the Yorba Linda Water District was called to order by Arthur C. Korn, President, at 8:32 a.m., at the District Headquarters, 4622 Plumosa Drive, Yorba Linda. Directors present were: Paul Armstrong, Arthur Korn, and Roy Knauft. Sterling Fox was absent. Also present were William Robertson, Acting General Manager; Cheryl Gunderson, Business Manager; Mike Robinson, Assistant Administrator; Ray Harsma, Operations Superintendent; Yury Zaslaysky, Assistant Engineering Manager; Barbara Bower, Secretary; Russ Behrens, McCormick, Kidman and Behrens; and Whit Cromwell. PRESENTATION Item 1. William Robertson, Acting General Manager, reported the District received a letter of resignation from Director Whit Cromwell. Mr. Cromwell's resignation from the Board of Directors effective Friday, July 6, 1990, to take up residence in Hemet, California. On a motion by Director Armstrong and Seconded by Vice President Knauft, the Board of Directors voted 3-0 to adopt Resolution No. 90-23 honoring Director Whit Cromwell on the occasion of his retirement from the Board of Directors. There was a short recess while President Korn made a formal presentation of Resolution 90-23 and a plaque to former Director Cromwell honoring his 12 years of service to the Water District. CONSENT CALENDAR On a motion by Director Armstrong and seconded by Director Knauft, the Board of Directors voted 3-0 to approve the Consent Calendar as follows: Item 2. Approval of Minutes - Regular meeting of June 28, 1990. Item 3. Authorization for the Directors to leave the State of California prior to next meeting. Item 4. Acceptance of the Treasurer's Report for May 31 , 1990. DISCUSSION CALENDAR Item 5. Report on the Lomas De Yorba West, Zone 4 Booster Station Project. Yury Zaslaysky, Assistant Engineering Manager, reported that on July 13, 1989 the Board approved an agreement with ASL Consulting Engineer's for the design of the Lomas De Yorba, Zone 4, Booster Station. During review of the preliminary design report the staff. Page 2120 July 12, 1990 expanded the scope of work to include land use planning, storage requirements, hydraulic analysis of the Bryant Crossfeeder, simulation of maximum day demands, and the effect of new groundwater well supply on the overall system. The additional cost for the extra work was $24,064.78. The final design report reviewed four alternatives and concluded that the booster station was the most reliable and least cost alternative. Mr. Zaslaysky also stated the engineering report studied three alternate site locations which concluded that a site on the east side of Lomas De Yorba and south of the railroad tracks was the best location. Given that the recommended site is on private property, it is District policy to retain the services of a professional appraiser, determine value and then negotiate purchase with the land owner. The Board discussed the purpose of an appraiser for this particular acquisition and approximate land value. Additionally, the staff was advised to keep the Planning-Engineering-Operations Committee apprised of the acquisition and design progress on this particular facility. On a motion by Director Armstrong and seconded by Vice President Knauft, the Board of Directors authorized a change order to ASL Consulting Engineers in the amount of $24,064.78, and staff to solicit proposals from an appraiser to provide the District with land acquisition services. Item 6. Consideration of a change to the automated check-signing machine procedures. Cheryl Gunderson, Business Manager, reported that the District's check signing machine was replaced by Burroughs and new keys will be issued as a result. Ms. Gunderson further reported that staff is recommending a new security system that improves safeguards over access to the signature plates. Under the proposed system, the signature plates will be in a locked box in the vault and keys will be distributed only to the Board of Directors, Acting General Manager and Business Manager, while keys to the electrical on-off switch will only be distributed to the Accounting Supervisor and Accounting Clerk II. The Board concurred with the change in safeguards, however they requested the Resolution be changed so the position of Assistant General Manager have a key instead of the Acting General Manager. Even though the Assistant General Manager and Acting General Manager are the same person at this time, this condition will not always remain the same, and it is more important to identify a position instead of the person filling a position. In addition, the Board requested the term "Power" in the Resolution be changed to "Electrical". On a motion by Vice President Knauft and seconded by Director Armstrong, the Board voted 3-0 to adopt Resolution 90-24, as amended, adopting a policy for the use of an automated check-signing machine. Item 7. Report on the District's Investment Policy. Cheryl Gunderson, Business Manager, reported that in accordance with State law the District's investment policy must be reviewed ,annually. The current policy has afforded the District good returns over the past year and has been flexible enough to accommodate these returns. In Page 2121 July 12, 1990 addition, Ms Gunderson reported that any investment over $100,000 must be in an institution approved by the Board. The list is reviewed annually with the Investment Policy. The Finance Committee analyzed the criteria and statistics of the institutions being recommended by staff and the list is included in the Resolution being considered by the Board as Exhibit "A". Director Armstrong requested information as to which institutions were new to the list and which ones were dropped. Vice President Knauft discussed a change in the policy to reduce the maximum investment per institution from $1 ,000,000 to $500,000. President Korn noted that the higher maximum afforded greater investment flexibility and staff efficiency. He further noted that even with a $1 ,000,000 maximum, staff's largest investments rarely exceed $500,000. Following a general discussion, and on a motion by Vice President Knauft and seconded by Director Armstrong, the Board voted 3-0 to adopt Resolution 90-25 setting forth public funds investment policy. Item 8. Report on Financial Statement for the eleven months ended May 31, 1990. Cheryl Gunderson, Business Manager, reviewed the financial statements for the ten months period ending April 30, 1990. On a motion by Vice President Knauft and seconded by Director Armstrong, the Board voted 3-0 to accept the Financial Statements for the eleven months ended May 31 , 1990. Item 9. Consideration of Resolution No. 90-26 amending District's Personnel Rules. Mike Robinson, Assistant Administrator, indicated the Meet and Confer process for 1990-91 has been concluded, and the 1990-91 Budget has been adopted by the Board of Directors. It is now appropriate for the Board to consider amending the Personnel Rules to conform to provisions of the Memorandum of Understanding and the Management-Supervisory-Confidential Employee Compensation Plan. Mr. Robinson explained that the first change involved the point system for merit salary increases and the second change is to conform with recently adopted State law regarding Maternity Leave. On a motion by President Korn and seconded by Director Armstrong, the Board voted 3-0 to adopt Resolution No. 90-26 amending the District's Personnel Rules. Item 10. Consideration of American Water Works Association utility membership renewal for 1991. Assistant Administrator, Mike Robinson, reviewed a letter from the American Water Works Association requesting a $800 per year increase to $2,000 for the District's annual membership dues. The Board expressed concern over the increase and questioned the benefit of District membership when individuals employees are also members. Given the dramatic change, the Acting General Manager was directed to write a letter to AWWA expressing displeasure with the increase and advising them that the District may not renew it's membership. In addition, the staff was instructed to further explore individual memberships instead of District membership. Page 2122 July 12, 1990 GENERAL MANAGER'S REPORT Item 11. Consideration of options to fill a Board vacancy. Acting General Manager, William Robertson, reported on the options available to fill a vacancy on the Board. The options included filling the vacancy through appointment, call for election or allow the Orange County Board of Supervisors to either appoint or call an election. Mr. Robertson pointed out that if the Board choose to not appoint and no one ran in the November election, then the District would have to pay the cost for a special election in April, 1991. Russ Behrens, Legal Counsel, reviewed the election procedures and dates specified in Government Code Section 1780. Given the July 6 effective date of Mr. Cromwell's resignation, the Board has until September 4, 1990 to act on appointment or call for election; if the Board chooses to not take action, then the Board of Supervisors has until October 4th to either appoint or call for an election. The period for candidates to file for the November election begins on July 16 and closes on August 15. In addition, Mr. Behrens reported that due to recent changes in the election law, only an elected candidate can include the words "Incumbent" on the ballot; therefore, a person appointed by the Board before the November election cannot use the term "Appointed Incumbent" or "Incumbent" on the ballot. The Board reviewed numerous options, critical dates and election procedures, reviewed the Notice previously used in 1987, and instructed Legal Counsel to draft a Notice of Vacancy. The Notice is to include: announcement of the Vacancy; options available to the Board; a statement that the term of an appointed candidate is dependent on election results; and that interested candidates are to file a letter or resume' with the District's Acting General Manager. Mr. Behrens described a draft Notice that addressed the Board's concerns. On a motion by President Korn and seconded by Director Armstrong the Board of Directors voted 3-0 to post a Notice of Vacancy as described by Legal Counsel. In addition, Mr. Robertson reported that former Director Cromwell was a member of the Board's Personnel and Public Information Committees, and the District's representative to ISDOC and the Xeriscape Committee. It is Board policy to. have the President sit on Board Committees with a vacancy. Director Fox had expressed interest in both ISDOC and the Xeriscape Committee. There was a general discussion on the relationship between the Public Information and Xeriscape Committees, and consensus that it was logical for that relationship to continue. On a motion by President Korn and seconded by Director Armstrong the Board of Directors voted 3-0 to appoint Director Fox to ISDOC and act as the Board's representative on the Xeriscape Committee. Oral Report: Mr. Robertson reported that the Metropolitan Water District had an opening for a District tour of the Diemer Plant on Saturday, August 4. Given that the Page 2123 July 12, 1990 Board included three tours in the budget and the public's interest in water conservation measures, the staff took advantage of the opportunity and scheduled a tour for Saturday, August 4th. In addition, Mr. Robertson reported that a resume' for the General Manager's position was addressed to and included in each Board member's mail packet, and the person sending the resume requested that each Board member call him. The Board noted the recruitment process was in place and preferred to allow that process to continue without direct phone calls. LEGAL COUNSEL'S REPORT Item 12. Legal counsel had no report. STANDING COMMITTEE REPORT Item 13. The Executive-Administrative-Organizational Committee scheduled a meeting for Friday, July 13, at 8:30 a.m. at the District office. Item 14. Report on the Finance Committee meeting of July 3, 1990. The Committee reported on the investment policy; check signing procedure; Sanitation District fees and charges and, the water rate report will be presented for consideration at the Board's August 23 meeting. Item 15. Authorization for Payment of Bills. On a motion by Vice President Knauft and seconded by Director Armstrong, the Board of Directors voted 3-0 to approve payment of bills, payroll and refunds in the amount of $390,417.66 on Check Nos. 5565, 5566, 5570, 5656, 5743 through 5805; and Payroll Check Nos. 4641 through 5349; and one wire to MWDOC in the amount of $220,356.89 dated July 12, 1990. Item 16. No Personnel Committee meeting was scheduled. Item 17. Report on the Planning-Engineering-Operations Committee meeting of May 21, 1990. The Committee reported on the Highland reservoir encroachments; Lomas De Yorba, Zone 4 Booster Station; and, Plant No. 1 Master Plan-Phase II. Item 18. Report on the Public Information Committee meeting of July 5, 1990. Mr. Robertson reported on the Nixon Library dedication and Xeriscape Committee meeting. INTERGOVERNMENTAL MEETINGS Item 19. Report on City Council meeting of July 3. Director Armstrong reported on the City of Yorba Linda, City Council meeting of July 3, 1990. Page 2124 July 12, 1990 Item 20. Report on the MWDOC meeting of July 5. Vice President Knauft reported that MWDOC discussed the ongoing California drought and growth in the San Bernardino County area. Item 21. Report on WACO meeting of July 6. Vice President Knauft reported that nitrate problems were discussed at the July 6 WACO meeting. Item 22. Report on the Planning Commission meeting of July 11. Vice President Knauft reported on the possible litigation between the Cities of Anaheim and Yorba Linda concerning development of a Price Club on Yorba Linda's side of the SAVI property. BOARD MEMBER COMMENTS Item 23. Director Armstrong: Director Armstrong said he will not be able to attend the WACO dinner scheduled for July 25, 1990. Item 24. Director Fox was absent. Item 25. Vice President Knauft had no comments. Item 26. President Korn: President Korn reviewed numerous correspondence in his mail packet. ADJOURNMENT On a motion by Vice President Knauft and seconded by Director Armstrong, the Board of Directors voted 3-0 to adjourn the meeting at 10:31 a.m. f� ( 4L William J. Robertson Acting General Manager/Secretary r ;J DRAFT MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING July 26, 1990 f The regular meeting of the Board of Directors of the Yorba Linda Water District was called to order by Roy Knauft, Vice President, at 8:32 a.m., at the District Headquarters, 4622 Plumosa Drive, Yorba Linda. Directors present were: Paul,Armstrong, Sterling Fox and Roy Knauft. Arthur C. Korn was absent. Also present were William Robertson, Acting General Manager; Cheryl Gunderson, Business Manager; Mike Robinson, Assistant Administrator; Ray Harsma, Operations Superintendent; Mike Payne, Engineering Manager; and, Barbara Bower, Secretary. CONSENT CALENDAR ' On a motion by Director Fox and seconded by Director Armstrong, the Board of Directors voted 3-0 to approve the Consent Calendar as follows: Item 1. Approval of Minutes - Regular meeting of July 12, 1990.. Director Armstrong noted one clarification and one correction to the Minutes. Item No. 11 , consideration of options to fill a Board vacancy needed to be clarified. Director Armstrong reported that subsequent to the Board's July 12 meeting, Russ Behrens advised staff that: (1) a person appointed to the Board could use the term "Appointed" on the ballot; and, (2) given the effective date of former Director Cromwell's resignation, the seat was vacant before the election, therefore the filling date will close on August 10th not August 15th. After general discussion by the Board, the minutes for Item No. 11 were not changed; however, the record for the July 26 meeting notes clarification of these details. Director Armstrong also noted that Item No. 23 needed correction to add the date of July 25, 1990 at the end of the sentence. The Minutes were approved as corrected. Item 2. Authorization for the Directors' to leave the State of California prior to next meeting. Item 3. Approval to payment to A.W. Associates in the amount of $446,327.09 for the reimbursement of construction costs for the construction of the Santiago Booster Station, Job 8140B. Director Fox indicated the staff report was not clear as to who was the lead agency responsible for compliance with CEQA. Engineering Manager, Mike Payne, reported that the Yorba Linda Water District was the lead Agency responsible for compliance with CEQA. . Item 4. Approval to release the Guarantee Bond with Woodcrest Development for Tract No. 12912 in the amount of $3,000.00. Item 5. Authorization to solicit bids for two service trucks. • DISCUSSION CALENDAR Item 6. Authorization to advertise for construction bids for the Zone 4 Elk Mountain Reservoir. Mike Payne, Engineering Manager, reported that the Plans and Specifications for the Elk Mountain Reservoir are now complete and ready for the bidding process. He further reported that the project will be advertised next week and the Board will approve a contractor at the first meeting in September. The Elk Mountain Reservoir was identified in the District's Five Year Plan, Adopted 1990-91 Budget and 1989 I.D.-2 Water Service Agreement. Director Armstrong inquired about construction of the booster pump station and Mr. Payne reported that Woodcrest will undertake construction with reimbursement by the District at a later date. Director Fox requested location of the reservoir on the aerial photo. Vice President Knauft discussed the status of the water well. Mr. Payne reported that plans for the water wells will be signed this week, the agreement between AW Associates and the County is signed, a contractor has been selected, and construction will begin within a couple of weeks. On a motion by Director Fox and seconded by Director Armstrong, the Board of Directors voted 3-0 to authorize staff to advertise for bids for construction of the Elk Mountain Reservoir, Job No. 8918. Item 7. Consideration of an amendment to the employees deferred compensation plan designating a new Plan Administrator. Cheryl Gunderson, Business Manager, reported that former Director Cromwell was the deferred compensation plan Administrator. In accordance with the Plan's rules, the Administrator must be adopted by Resolution of the Board and cannot be a member of the Plan. Ms. Gunderson also reported that the position of Plan Administrator was discussed with Director Armstrong and he was willing to assume the responsibility. Vice President Knauft noted that the employees, plan currently has approximately $800,000 in assets. On a motion by Director Fox and seconded by Vice President Knauft the Board of Directors voted 3-0 to adopt Resolution 90-27 amending th,e employees deferred compensation plan and authorizing its implementation. Item 8. Declaration of Surplus Furniture and Equipment. Operations Superintendent, Ray Harsma, reported that a variety of office furniture items removed from the Headquarters Building are currently stored at Plant No. 1 and of no further useto the District. In addition, .there is a variety of old fittings and equipment that are also of no further use to the District. A complete list of the items is shown on Exhibit "A" of the staff report. Given that the items are of no further use to the District, it is recommended that the Board declare the .list as surplus and authorize staff to dispose of them in accordance with the District's procedures. Director Armstrong noted spelling corrections on the Exhibit and inquired as to how the public was notified of the sale. Mr. Harsma reported that a public notice =advertisement will be placed in the Orange County Register. In accordance with District rules, all employees, including Directors, are eligible to submit bids for surplus items. On a motion by Director Armstrong and seconded by Director Fox the Board of Directors voted 3-0 to declare the list of used, broken or obsolete furniture and equipment as surplus and authorize the staff to advertise for the sale of surplus equipment. GENERAL MANAGER'S REPORT Item 9. Consideration of request by ACWA for financial support for a new water issues program. Acting General Manager, William Robertson, reported that ACWA is undertaking a special information program to increase the public's awareness of possible water supply problems if Delta transfer facilities are not constructed. Mr. Robertson reviewed the program goals, communication objectives, purpose, program messages, action plan and approach. Following a general discussion by the Board, and on a motion by Director Fox and seconded by Director Armstrong the Board of Directors voted 3-0 to authorize $465 in financial support for ACWA's "Living on the edge" program. Item 10. Mr. Robertson passed out copies of the Plant No. 1 Master Plan — Phase II to each Director. Mr. Robertson requested that each Director review the Plan for the August 9th meeting. At the August 9th meeting representatives of ASL Consulting Engineers will make a full presentation of the Plan and take input from the Board. Oral Report. Mr. Robertson reported that only 20 people have signed up for the August 4th tour. If any Board members have guests who would like to attend, please have them contact Mike Robinson. In addition, Mr. Robertson passed out final copies of the Five Year Plan, 1990-91 Adopted Budget, and keys for signature plate box. STANDING COMMITTEE REPORT Item 11. Report on the Executive-Administrative-Organizational Committee of July 13, 1990. The Committee reported on City/District issues; July 12th brush fire; Plant No. 1 Master Plan; Eastlake Lake water supply; and, the Board of Directors Handbook. Item 12. A Finance-Accounting Meeting will be scheduled after President Korn returns from his vacation. Item 13. Authorization for Payment of Bills. On a motion by Director Fox and seconded by Director Armstrong, the Board of Directors voted 3-0 to approve payment of bills, payroll and refunds in the amount of $245,215.98 on Check Nos. 5572 through 5578, 5810 through 5874 and 5944 through 5990; and Payroll Check Nos. 4645 through 5414. Item 14. No Personnel Committee meeting was scheduled. Item 15. No Planning-Engineering-Operations Committee meeting was scheduled. Item 16. No Public Information Committee meeting was scheduled. INTERGOVERNMENTAL MEETINGS Item 17. Report on CSDA meeting of July 1. President Korn was absent so no report was made. Item 18. Report on the City Council meeting of July 17. Director Fox reported that the Bank of Yorba Linda was working on a branch in the SAVI park area, the Chino Hills Park and Whit Cromwell's resignation from the Vector Control District were among the items discussed at the July 17, Yorba Linda City Council meeting. Item 19. Report on MWDOC meeting of July 18. Vice President Knauft reported on the July 18 MWDOC meeting. Item 20. Report on the OCWD meeting of July 18. Director Fox reported that the OCWD Board discussed MWD's interruptible pricing incentives and spent most of the time reviewing their complex financial plan. Item 21. Report on Planning Commission meeting of July 25. Director Armstrong reported on the commercial center at La Palma Ave. and Lomas De Yorba East; Harold Leasure project; and, problems with a few standard City conditions that are incorrect, e.g. fire flows requirements with a 230 psi residual, and poor wording on another standard term. The staff will review Director Armstrong's concerns with the Planning staff. Item 21.a. Report on the WACO Dinner of July 25, 1990. Director Fox and Vice President Knauft reported on the July 25th WACO dinner. BOARD MEMBER COMMENTS Item 22. Director Armstrong: Director Armstrong has observed drilling equipment on Manzanita Avenue and inquired as to whether the District had received results of the test borings. Mike Payne reported the District has not received results of the test borings . Director Armstrong also observed drilling at various gas stations around Yorba Linda and requested staff follow-up with County officials to learn of test results. Item 23. Director Fox had no comments. Item 24. Vice President Knauft had no comments. Item 25. President Korn was absent. CLOSED SESSION: Vice President Knauft directed the Board into a closed session to discuss potential litigation regarding the District's blanket easement. ADJOURNMENT On a motion by Vice President Knauft and seconded by Director Armstrong, the Board of Directors voted 3-0 to adjourn the meeting at 10:31 a.m. y ! ' I • Y AGENDA REPORT DATE: August 9, 1990 TO: President and Members of the Board FROM: Michael A. Payne, Engineering Manager SUBJECT: Agreement with the County of Orange PURPOSE: To request that the Board of Directors approve an agreement with the County of Orange for adjusting sewer manholes within their Contract No. 1 project. ANALYSIS: The County of Orange has just completed the resurfacing of several streets in the unincorporated County area near the intersections of Kellogg Drive and Yorba Linda Boulevard. An exhibit illustrating the area is attached. The District has existing water and sewer facilities within the limits of this project that need to be raised. Because the County's project is outside the boundaries of the District's "1911 Easement", the County has prior rights in this area. The County has submitted seperate agreements to adjust the District's water gate valves and sewer manholes to final grade for a predetermined estimated deposit. At the completion of the project, the County would then invoice or refund to the District the difference based upon the actual cost plus a 10% inspection and administrative fee. The staff has reviewed both agreements and would recommend that the District enter into an agreement with the County of Orange for adjusting the sewer manholes only. The staff believes that the District can adjust the water valves for a lower cost and therefore this work will be done by District personnel. This project was reviewed by the Planning-Engineering-Operations committee on August 3, 1990. The agreement with the County of Orange is on file and available for review in the office of the General Manager. FISCAL IMPACT: The estimated cost to adjust the sewer manholes is $3,520 and will funded from the unappropriated Water Operating Fund. The estimated cost to adjust the water gate valves is $3,000.00 and will also be funded from the unappropriated Water Operating Fund. CONCLUSION: The staff is recommending that the Board of Directors approve an agreement with the County of Orange for adjusting the District's sewer manholes within their project and authorize the. President and Secretary to execute the agreement. Prepared by: Submitted by: 4 fie Michael A. Payne . . William J. Robertson Engineering Manager Acting General Manager %, 4 0. Yott UI.1t' �.v®. .r„ /. / EXHIBIT /A ,16,1 tre7.1e.Grr • cr t. ,sY7✓ VIGIL IT1' MAr P40 5(AUE.. • J ------------------.. ... o. ti • I�1/ ^ LINDA �,..,� • /a/'.f' visa. API 11 LOIN :t^. }. ...i.,r �. . PI- r • CC Y ■� ' o -'a 1 VILLAGER ,,, ,„, 107 0 J `�Or ` tQ, „ o SURL.£IG 4X 4-4/0 v yr oW! 4. vJ 'r a ,y 1 .1s 1•4110111.016 r *'.41411 4"11,1'".11.";" L/aM/TS r ii rLE lAM3 o • _. r FUTURA [ h `e ` d(. 2 it ,`a1p Ob • - 11. --i • "6+ vv 2 r It I I I b 0 a rtr 4-441 a cc ---,.....*0-- I-- RAM • • [►� we OL5 AAAAAX00 O s D 4. v� loor co os y • •A i f+ • • • RIOGEV/00. 44, sr • v yi' 4µ• wi, r y tom. r J1 411 AGENDA REPORT DATE: August 9, 1990 TO: President and Members of the Board FROM: Michael A. Payne, Engineering Manager SUBJECT: Temporary Water Service Agreement PURPOSE: To request Board approval of an Agreement for Temporary Water Service (Service No. 40-720) with Steven Z. Volski & Associates, Job No. 9035. ANALYSIS: Steven Z. Volski & Associates have requested water service to a parcel of leased land located on the north side of Yorba Linda Boulevard approximately 1 ,000 feet east of Fairmont Boulevard. An exhibit showing the location of the project is attached. Steven Z. Volski & Associates are planning to operate a nursery on this property which is owned by the Southern California Edison Company. The property is presently outside the Water District boundaries. The District has an existing 1 1/2" water meter located on the north side of Yorba Linda Boulevard in front of the property that was used by a previous tenant for the same reason. The water meter is presently locked off. The staff has reviewed the applicants request and would recommend that the Board approve the Temporary Water Service Agreement. The term of the agreement would be for a period of five (5) years. In addition, because this property is located outside the District boundaries, the applicant would be required to pay double the prevailing water rate. The Temporary Water Service Agreement Outside District Boundaries (Service No. 40-720) with Steven Z. Volski & Associates, is on file and available for review in the office of the General Manager of the Yorba Linda Water District. ENVIRONMENTAL REVIEW: The Yorba Linda Water District is the lead agency and has met the CEQA Requirements by determining that the project is categorically exempt. FISCAL IMPACT: An administrative fee of $738.00 has been collected for the processing of this agreement. CONCLUSION: It is recommended that the Board of Directors approve the Temporary Water Service Agreement Outside District Boundaries with Steven Z. Volski & Associates and authorize the Acting General Manager to execute the agreement. Prepared by: Submitted by: • Michael A. Payne Q nilliam J. Robertson Engineering Manager Acting General Manager . . exHIIT . . ..ii. . • ._... .... • A ,:.1 — kJ • --_-_-_-_-_-`;i___J.]i - ., aliiqa a ...1:0 • • 1"---: 84)mARE • 3 . . "4" I • I. I %. 1.21/2fr•Ici .?171Z-Y2 ; i ,'" i . 1 t ,.. .,.. . . i 00 . Cil . to OTP° , , .11i• •••T---: I Jr,.....__.___.v.,,,7 ir 4, --- . t ' .. vintimik LH i C.--ip 5!,9C•lit 10 • ,!li 1,1"' I,,,, .. el • .. I , 2 rii , ' ,, , ' qii54' 41,, •bn l • -•— i 1"..7:-,4 .14 4 , 4?1.01. „e:4' ,110,:" • • ... ,/Xi1 7, IA ,. N L ' 7 oil J • t ' II.. ; ; . ..--1 iT 1 " f I.,,,,,,„ irlitilliA-1:11 . te, log so I 9.7' $16N4 z gjj., 84,s iiii1"1 i E HIP te_ ci .„ ) 4 ii; 5'V" .,....1 -,..0,0 i•tr-ra----) A 2 : .., . - - .. .' "1‘.'" " '41. ' ' ti.14_,.._1 0 1.,I. .1 i 1 t ; t-,:: 1:•,:?: --: DEL0 .........„..........__________ .7..1. ft/ 1 '•if ::\V / ' ,' (ift.")gt ....,_, ..•••I , .ii •.. ..... ..4,•••-• , . , , ,., ----..„ ob. /..„.31., .,,,,, <, . -.... - :io ' - 1 • 1 rTh'\2 hi g 4 .444_'.— '.. .........--. .11,.,,, 41-•lip_ re‘4‘' i------77\ •i-.7— --r-i-il , : • li • • ,. • . • . . . . VICINIITY MAP • . , :,•4. . 114 Is) fro . . .. . . . • . i . , . . 1 4 _ lo-7go o 1 0 1 4 wj*-r. 1111 ei,.•.‘iie.e. LAI . 0 P 1 I \ '0 4 -- i 1 I 11 . . to,-,- ' 6' • .----------, . . . . V' /------ - . . i ,./e3 i•IO Gi\L-- -- 1,I.zin,— .et • , .• 0- • . . "........„..........„.....,,,,.....„>:1*--e4"- 41 Z45 . . . . . . . . ikve.x MAP t u AGENDA REPORT DATE: August 9, 1990 it TO: President and Members of the Board FROM: Michael A. Payne, Engineering Manager SUBJECT: Release of the Faithful Performance deposit to Orange County Pump Co. PURPOSE: To request Board approval to release the cash deposit that was posted by Orange County Pump Co. for modifications to the Timber Ridge Booster Station. ANALYSIS: On July 13, 1989 Orange County Pump Co. was awarded the contract for modifications to the Timber Ridge Booster Station. An Exhibit depicting the location of the project is attached. Pursuant to contract specifications Orange County Pump Co. posted a cash deposit in lieu of the Faithful Performance Bond. The purpose of the bond is to guarantee that modifications made by the contractor are free of defects for a period of one year after the facilities have been accepted by the District. The modifications for the above project were accepted by the,District on August 10, 1989; therefore the one year warranty period will elapse.on Aug. 10, 1990. The staff has reviewed the improvements and would recommend that the Board of Directors approve the release of the cash deposit in the amount of $9,146.50 for the above described project after Aug. 10, 1990. ENVIRONMENTAL REVIEW: The Yorba Linda Water District is the Lead Agency and has determined that the project is categorically exempt. FISCAL IMPACT: None. CONCLUSION: It is recommended that the Board of Directors approve the release of the cash deposit to Orange County Pump Co. for modifications to the Timber Ridge Booster Station in the amount of $9,146.50 after Aug. 10, 1990. Prepared by: Submitted by: 1 ,/i, Michael A. Payne William J. Robertson Engineering Manager Acting General Manager ZONE 6 CHINO HILLS RESERVOIR ZONE 6 ZONE 6 NORTH END OF BLUE GUM DR. AREA .1/ FAIRMONT BLVD. A __ _"1 • THE 'BALDWIN/ WARMINGTON pre PROJECTS 4/4 1, I 4f . TIMBER RIDGE OReA _/ .A SW,, '• BOOSTER STATION — MODIFICATIONS crtc.� w • N r . ••owY seP q�VERS,„E c &jI8ER R' 7.' IDS PUMP STATION CAsnic- a C/'rC44. Rock 440 ii, . z: Th1.6,040 • 01, "rile . . F FAIRMONT SHADOW OAK DRIVE • VILLAGE CENTER DRIVE AGENDA REPORT fi 7 at. DATE: August 9, 1990 TO: President and Members of the Board FROM: Cheryl Gunderson, Business Manager SUBJECT: Maintenance Contract on the DEC Computer PURPOSE: To request the Board approve the maintenance contract from the Ultimate Corporation and authorize an allocation of $11 ,124.00 from the Unappropriated Water Operating Fund Balance. ANALYSIS: The District's mini computer was covered by a maintenance contract from July 1 , 1989 through June 30, 1990. The first year's maintenance was included in the purchase price. This year's maintenance contract will cost $11 ,124.00. The contract was not included in the District's 1990-91 Budget. Pursuant to the District's Purchasing Policies, any purchase over $10,000 must be approved by the Board of Directors. FISCAL IMPACT: The annual cost of the maintenance contract is $11 ,124.00. The maintenance of the DEC computer was not included in the 1990-91 Budget. This will be an allocation from the Unappropriated Water Operating Fund Balance. CONCLUSION: It is recommended that the Board of Directors approve the maintenance contract for the • DEC computer with the Ultimate Corporation and authorize the allocation of $11 ,124.00 from the Unappropriated Water Operating Fund Balance. Pr-.• - .d by: Sud itte. y . Cheryland?.n William J. Robertson Busine. - Man..•'-r Acting General Manager AGENDA REPORT DATE: August 9, 1990 TO: President and Members of the Board FROM: Cheryl Gunderson, Business Manager SUBJECT: Treasurers Report for June 30, 1990 PURPOSE: To request the Board accept the Treasurer's Report for June 30, 1990 as presented. ANALYSIS: The Treasurer's Report is presented in accordance with the laws of the State of California which require that the presiding Board receive a list of the investments, including thier cost and market value, the interest and maturity dates, and a certification that the investments are in compliance with the District's Investment Policy and that all cash flow requirements have been provided for. FISCAL IMPACT: The interest earned on investments is recorded in the Fund that owns the investment. The distribution of investments by Funds is as follows: Water Fund $6,637,654 23.3% Sewer Fund 2,051 ,120 7.2% Imp. Dist. No. 1 4,871 ,411 17.1% Imp. Dist. No. 2 14.927.599 52.4% $28,487,784 100.0% CONCLUSION: It is recommended that the Board of Directors accept the Treasurer's Report for June 30, 1990 as presented. Pr- ;' . ed by: Sub ' ed e / _L s /q4/44‘6 /%//I1 Cheryl, Gun. - ' on William . .eobertson Busin: Ma . Ger Acting General Manager YORBA LINDA WATER DISTRICT TREASURER'S REPORT ALPHABETICAL June 30,1990 MARKET VALUE COST YIELD INT. DATE - MATURITY CERTIFICATES OF DEPOSIT: 99,000 99,000 Assured Thrift & Loan 08.400 03/28/90 - 09/27/90 99,00.0 99,000 Beverly Hills Federal 08.400 12/04/89 - 09/14/90 99,000 99,000 California Business Bank 08.410 12/04/89 - 10/12/90 99,000 99,000 California Federal 08.200 10/25/89 - 07/12/90 r 500,000 500,000 California Federal 08.500 03/1 3/90 - 01 /29/91 99,000 ' 99,000 California Security Bank 08.400 12/05/89 - 10/13/90 99,000 99,000 Centennial Thrift 08.750 12/06/89 - 06/04/91 99,000 99,000 Century Federal 08.450 11 /28/89 - 07/12/90 99,000 99,000 Century Thrift & Loan 08.400 12/04/89 - 10/11/90 99,000 99,000- Charter Savings Bank 08.300 01 /11 /90 - 08/23/90 99,000 99,000 City Thrift & loan 08.500 01 /11 /90 - 07/10/90 99,000 99,000 Commercial Pacifc Savings 08.350 01 /12/90 - 09/14/90 98,000 98,000 Community Thrift 08.700 10/18/89 - 07/26/90 99,000 99,000 Countrywide Thrift & Loan 08.500 12/04/89 - 12/04/90 99,000 99,000 First Charter Bank 08.500 04/06/90 - 12/27/90 99,000 99,000 First Federal 08.300 11 /28/89 - 10/30/90 99,000 99,000 First Republic Thrift & loan 08.450 11 /29/89 - 10/30/90 99,000 99,000 First Savings & loan ' 08.500 01 /04/90 - 10/12/90 99,000. 99,000 Franklin Bank 08.000 12/04/89 - 08/14/90 99,000 99,000 Girard Savings Bank 08.700 1 0/1 1 /89 - 09/20/90 99,000 99,000 Gold River Fed Savings 08.500 01 /02/90 - 10/25/90 99,000 99,000 Golden Gate bank 08.500 01 /19/90 - 01 /22/91 500,000 . 500,000 Great Western Bank 09.050 04/20/90 - 04/23/92 99,000 99,000 Great Western Bank 08.600 03/13/90 - 03/14/91 99,000 99,000 Guardian Savings & Loan 08.750 03/16/90 - 03/14/91 99,000 99,000 Homestead Savings & Loan 08.500 11 /29/89 - 10/25/90 99,000 ' 99,000 ITT Federal Bank 08.350 11 /28/89 - 10/30/90 99,000 99,000 Imperial Thrift & Loan 08.800 05/07/90 - 05/09/91 99,000 99,000 Life Savings Bank 08.300 12/01/89 - 10/31/90 99,000 99,000 Malaga Savings 08.700 10/31 /89 - 08/23/90 99,000 99,000 New America S & LAssoc. 10.250 03/29/89 04/03/91 99,000 99,000 Pacific Coast 08.750 10/31 /89 - 08/09/90 99,000 99,000 Pacific Western Bank 08.350 02/23/90 - 02/21 /91 99,000 99,000 Plaza Savings & loan 08.600 11 /28/89 - 10/30/90 99,000 99,000 San Clemente S & L 08.350 01 /15/90 - 08/30/90 99,000 99,000 Security Pacific State Bank 08.250 01 /17/90 - 01 /17/91 99,000 99,000 So California Savings 08.400 . 12/27/89 - 08/1 4/90 99,000 99,000 Standard Pacific S & L 08.900 06/01/90 - 06/11 /92 99,000 99,000 Statewide Thrift & Loan 08.500 12/28/89 - 12/28/90 99,000 99,000 Stockdale Savings 08.300 12/01 /89 - 10/30/90 99,000 99,000 Topa Thrift & Loan 08.650 11 /27/89 - 07/12/90 99,000 99,000 Valencia National Bank 08.5.00 01/08/90 - 01 /08/91 100,000 100,000 Valley Federal S & L 08.800 09/1 4/89 - 09/1 3/90 99,000 99,000 Western Community Bank 08.500 01 /05/90 - 07/12/90 99,000 ' 99,000 Western Federal 08.350 01 /18/90 - 07/1 6/90 5,257,000 5,257,000 TOTAL CERTIFICATES OF DEPOSIT YORBA LINDA WATER DISTRICT TREASURER'S REPORT ALPHABETICAL June 30,1990 MARKET VALUE COST YIELD. INT. DATE - MATURITY TREASURIES: 428,125 428,903 U.S. Treasury Cubes 08.500 02/09/90 - 05/15/92 499,690 498,952 U.S. Treasury Notes 08.390 07/27/88 - 05/1 5/91 499,530 500,000 U.S. Treasury Notes 08.265 07/27/88 - 06/30/90 1 ,427,345 1 ,427,856 TOTALTREASURIES AGENCIES: 501 ,250 500,000 Federal National Mortgage Assoc. 08.900 02/12/90 - 02/10/95 500,155 499,313 Federal Home Loan Bank Note 08.460 06/29/88 - 06/25/91 990,620 999,162 Federal Home Loan Bank Note 09.200 06/04/90 - 10/25/94 498,999 500,000 Student Loan Marketing Assoc. 09.120 04/26/90 - 05/17/93 - 498,994 500,000 Federal Home Loan Mortgage Assoc. 09.250 09/25/89 - 09/01 /94 2,990,018 2,998,475 TOTALAGENCIES MEDIUM TERM CORPORATE NOTES: 297,210 300,000 Ford Motor Credit 09.000 02/22/90 - 02/23/94 200,414 200,000 Ford Motor Credit 09.150 09/09/88 - 09/12/91 501 ,535 500,000 Ford Motor Credit 09.300 03/21 /90 - 03/22/93 499,006 497,942 General Motors Acceptance Corp. 08.696 06/13/88 - 03/01 /91 502,285 499,043 General Motors Acceptance Corp. 09.330 03/27/90 - 03/15/93 500,335 500,467 Great Western 09.250 03/23/90 - 09/08/90 2,500,785 2,497,453 TOTAL MEDIUM TERM CORP.NOTES 3,000,000 3,000,000 ORANGE CO.COMINGLED INVEST. 08.800 N / A 13,307,000 13,307,000 LOCAL AGENCYINVESTMENT FUND 08.523 N / A 28,482,148 28,487,784 TOTAL INVESTMENTS Average Portfolio Yield 8.66% Per Government Code requirements, the Treasurer's Report is in compliance with the Yorba Linda Water District's Investment Policy and there are adequate funds available to meet budgeted and actual expenditures for the next thirty days of the Yorba Linda Water District. A 1 Cheryl Gunder:.n, : ness Manager AGENDA REPORT ` 8 DATE: August 9 , 1990 TO: President and Members of the Board FROM: Ray Harsma Operations Superintendent SUBJECT: Paving Contract PURPOSE: To request the Board of Directors approval to solicit proposals from contractors for a one (1) year permanent paving contract. ANALYSIS: The Yorba Linda Water District requires the services of a paving contractor to replace ' the paving we remove in the process of repairing or replacing water district appurtenances. The present one (1) year contract with Jerry Cross Paving has expired and we need to solicit for a new contract. The cost of permanet paving has been increasing each year, along with the amount of paving that we have to have done. It would be to our advantage to award an annual contract for permanent paving in order to save money and always have a firm available todo our work. The annual paving contract proposal specifications are available for review in the Acting General Managers office. FISCAL IMPACT: The District expects to expend about $35,000 for permanet paving in the coming year. CONCLUSION: It is recommended that the board of Directors authorize the staff to solicit proposals for a paving contractor for the term of one (1) year. Pr red by: Subli, tted,:y• / c‘L,4,e14-7,-, , mtaue -- R y arsma illiam . Robertson Operations Superintendent - Acting General Manager rqr i yM1iYf 1l r� �„R. AGENDA REPORT r .n DATE: August 9, 1990 TO: President and Members of the Board FROM: Michael Payne, Engineering Manager SUBJECT: Review and Approval as-to-form of the First Amendment to the 1989 Water Service Agreement. PURPOSE: To review the First Amendment to the 1989 Water Service Agreement and to request the Board's approval as to form of the agreement document, and to permit occupancy of the Yorba Linda Hills Fire Station No. 53. ANALYSIS: The development in Improvement District No. 2 has been guided by the 1983 Water Service Agreement and the 1989 Water Service Agreement. The 1983 Water Service Agreement delineated the areas that could be developed in conjunction with water facilities paid for from the proceeds of the I.D.-2 Series "A" and "B" bonds. The agreement left a major portion of I.D.-2 undeveloped until such time as development was ready to proceed and financing was available to fund construction of the water facilities required to serve the area. In April, 1989 the Board of Directors approved the 1989 Water Service Agreement. This Agreement describes the phasing of development and related construction of facilities; the financing of these facilities; the timing of occupancies of units; and the specific obligations of the developers and the District in proceeding with development in I.D.-2. From the District's point of view, the Agreement's were necessary in order to prudently plan the water system and avoid the problem of new development exceeding our capacity to serve current and future customers. The combined agreements were written in order to assure the District: 1. That adequate fire flow water would be available during the high risk period of home construction as well as for the protection of homes after they were occupied by families. 2. That adequate domestic water would be available to families permitted to occupy homes during the construction of permanent water facilities as well as to those families occupying homes once the permanent facilities were completed. 3. That there would be five days of storage in the water system provided through reservoirs and/or a new water well. In August 1989, the Pacific Company (AW Associates) requested District approval for the installation of temporary storage tanks to permit occupancies of a total of 133 additional units in Tract No.'s 13545 and 13717. In September, 1989 the Board referred the request to staff for the purpose of meeting with the developer to adequately define the conditions under which the District would permit further occupancies. During October and November of that year the staff met with the developer on numerous occasions to develop terms and conditions for additional occupancies. On December 28, 1989 the Board approved the conditions for a proposed amendment of the 1989 Water Service Agreement and directed legal counsel to prepare the formal amendment for final action by the Board. Following nine months of negotiations involving legal counsel, staff and the developer, the First Amendment to the 1989 Water Service Agreement is now ready for Board action. A copy of the Amendment is attached to this report. Here, in summary, are the major points in the First Amendment to the 1989 Water Service Agreement: 1. The developer shall reimburse the District for all administrative and legal costs associated with preparation of the First Amendment. In addition, costs for soils testing to assure a reservoir site are being paid equally by the District and developer. 2. . Except as expressly amended, the 1989 Water Service Agreement shall remain in full force and effect. 3. Immediate occupancy of seven lots in Tract 13670, three lots in Tract 13669 and the Yorba Hills Fire Station No. 53. 4. The developer will deed two reservoir sites to the District. The first is for the 4.2 million gallon Elk Mountain Reservoir upon which the District will award a construction contract in September of this year. A second site is an expansion site. for construction of a. 7.1 million gallon reservoir. The expansion site is the assurance that additional storage can be built at such time as District, in its sole discretion, determines that it is needed. In addition, the District has the option to purchase the site if it is needed to serve land currently outside the District boundaries. In the event the District determines that it does not need the expansion site, then the expansion site will be quit I claimed back to the developer. 5. Construction and occupancy of lots in Tract No.'s 13545, 13717, 14096, 14097 and 12037 is allowed following completion of numerous specified facilities including above ground temporary water storage tanks. The temporary storage tanks shall be installed and removed at the developers sole expense. Additionally, the Amendment provides for options for temporary water storage to the W&Z development on lots 9 and 10 of Tract No. 12037. 6. Framing may proceed in Tentative Tract No. 13231 upon completion of facilities identified in item 5 above plus a temporary propane powered booster station installed at the developers sole expense. Occupancy is • allowed following construction of additional temporary above ground storage tanks. All temporary facilities shall be installed and removed at the developers sole expense. 7. The 1989 Water Service Agreement is amended to allow for construction of two water wells instead of one. 8. AW Associates is indemnifying the District against claims by any third party that the District, by reason of having executed this Amendment, may have failed to perform its duties under the 1989 Water Service Agreement. 9. In those cases where homes will be served from temporary reservoirs, then prospective homebuyers will receive a notice that,service is being provided by temporary facilities owned, installed and operated by the developer. Given the last minute revisions introduced by the developer and the July/August vacation schedules of District staff, developer's staff and legal counsel, a signed copy of the document and Grant Deeds will not be available until the first week of September; therefore, staff is requesting the Board's approval as-to-form now so the Amendment's terms and conditions are locked in, and no longer subject to negotiation. Finally, occupancy of the Yorba Hills Fire Station No. 53 is contingent of approval of the Amendment. Staff would like to proceed with immediate release of the Fire Station so as not to delay the Fire Department's plans to to take ownership of the new station on August 10. This matter was reviewed at the Planning-Engineering-Operations Committee meeting of August 3, 1990. FISCAL IMPACT: Expenses incurred by legal counsel and staff for preparation of the First Amendment to the 1989 Water Service Agreement are being paid by AW Associates. Costs of all - additional soils tests are being paid equally by the District and AW Associates. 111 CONCLUSION: It is recommended that the Board of Directors approve as-to-form the First Amendment to the 1989 Water Service Agreement; authorize the President and Secretary to execute the First Amendment subject to receipt of the Grant Deeds for the two reservoir sites; and authorize staff to immediately release for occupancy the Yorba Hills Fire Station No. 53. Prepared by: Submi ed b so / 4r / ichael Payne William J. -oL-rtson Engineering Manager Acting General Manager (Final: 8-2-90) FIRST AMENDMENT TO 1989 WATER SERVICE AGREEMENT I THIS AGREEMENT, dated this day of ., 1990, is by and between the Yorba Linda Water District, a local government agency created and operating pursuant to Division 12 of the California Water Code ("District") and AW Associates No. 3, a California General Partnership ("A.W. " or "Owner") . RECITALS: A. District and Owner are parties to that certain "1989 Water Service Agreement" dated April 27 , 1989 ("Agreement" herein) . B. District and Owner now wish to enter into this First Amendment to 1989 Water Service Agreement ("Amendment" herein) because: (1) Section II,E of the Agreement requires a written agreement concerning interim water service facilities. (2) The parties wish to provide for certain interim water service facilities. (3) Uncertainty has arisen concerning the prospects for completion of the water well system contemplated in the Agreement. (4) Uncertainty has arisen concerning the availability of a suitable zone 4 Reservoir site within the "conservation area" of ID No. 2 . 1 (5) The parties wish to provide reasonable assurances that a suitable zone 4 reservoir site, which includes space to accommodate a reservoir addition, if necessary, will be available to the District if the well system can not be completed according to the criteria of the Agreement. EXECUTORY. AGREEMENT NOW, THEREFORE, in consideration of the matters recited above, and the covenants and conditions contained herein, District and Owner agree as follows: Section IX. AMENDMENT AND NOVATION. All of the recitals, terms, conditions and provisions of the Agreement are incorporated herein by this reference. Except as expressly amended herein, the Agreement shall remain in full force and effect. To the extent that the terms of this Amendment are inconsistent with the terms of the Agreement, the terms of this Amendment shall control; provided, however, that wherever possible the Agreement and this Amendment shall be interpreted and construed so as to avoid any inconsistency between them. Section AMENDMENT OF PHASING. Notwithstanding Sections II,A through II,D and the schedule of phasing according to Exhibits C-1, Cwt and C-3, all of the Agreement, District forthwith shall allow installation of water meters for, provide water service to, and allow occupancy of Tract 13670 (7 lots) , Tract 13669 (3 lots) and the Yorba Hills Fire Station No. 53. section XT. INm RTM WATER_ F'AILITIES. This Amendment is made, in part, pursuant to the provisions of Section II,E of the 2 • Agreement. The parties intend this Amendment, among other things, to carry out the provisions of Section II,E which call for a separate written agreement concerning interim facilities. Nothing contained herein is intended to prevent future agreements or amendments pursuant to Section II,E. Section XII. RESERVOIR SITE DEDICATION. A. Intent. The parties reaffirm the provisions of Section VI,A through VI,D of the Agreement and their intention that ID No. 2 's Zone 4 reservoir capacity can be reduced to 4.2 million gallons only if the well dedication criteria of Section VI,C of the Agreement are satisfied. Because of continuing uncertainty concerning the development of well water as provided in the Agreement, and because no alternate suitable site has been located for an additional ID No. 2 Zone 4 reservoir, Section VI,E of the Agreement is hereby revoked and the following provisions substituted in its place. ', B. New Section VI . E. Expansion Reservoir _ Site. In order to protect against the prospect that the dedication criteria of li Section VI,C can not be satisfied, Owner has designated an additional area adjacent to the current 4 .2 million gallon ID No. 2 Zone 4 reservoir site where additional Zone 4 reservoir capacity may be able to be constructed ("Expansion Reservoir Site" herein) . The parties intend that clear fee title to the Expansion Reservoir Site will be conveyed to District simultaneously with the execution • 3 of this Amendment. A grant deed in the form attached hereto as Exhibit "A" shall be executed by Owner and, upon acceptance by District, duly recorded. This conveyance is made in contemplation of the following facts: 1. District has conducted additional soils/geological studies, and has determined that the Expansion Reservoir ' , Site is suitable for the location of an additional 7.1 million gallon reservoir. District and Owner each shall pay one-half of the cost, without reimbursement, of the soils/geological studies of the Expansion Reservoir Site. 2 . The Expansion Reservoir Site as depicted in Exhibit "B", has been configured, so that a 7. 1 million gallon buried concrete reservoir, can be located thereon. The site is configured so that the reservoir itself shall be located (a) entirely within "cut material (b) with a reservoir bottom elevation of 756 feet above mean sea level; and (c) with side walls of no more than 18 feet in height from the reservoir floor. District may obtain, in its discretion and at its expense, a preliminary title report and a policy of title insurance covering the site. Owner represents that title to the Expansion Reservoir Site is clear of all liens and encumbrances and any easements inconsistent with the intended reservoir use. Owner shall, at its sole expense, comply with all legal 4 1 ! ' requirements, if any, necessary to reconfigure Tentative Tract No. 13231 in order to separately convey the Expansion Reservoir Site to District. C. Satisfaction of Acceptance Criteria. In the event that the acceptance criteria of Section VI,C and Section XIV of the Agreement can not be satisfied, District may proceed, in its discretion, to construct the additional 7.1 million gallons of ID , No. 2 Zone 4 reservoir capacity on the Expansion Reservoir Site. At such time as District, in its sole discretion, determines (1) that the acceptance criteria of Section VI,C and Section XIV have been satisfied, and (2) that the Expansion Reservoir Site will not be required for a reservoir, District shall quitclaim to Woodcrest Development, Inc. all of District's right, title and interested in the Expansion Reservoir Site. District agrees that, in the event the Expansion Reservoir Site is quitclaimed back to Owner, title to the Expansion Reservoir Site shall be in substantially the condition as when the Expansion Reservoir Site was originally granted to District and, in particular, District shall not have caused any lot line adjustment, nor conveyed any easement or other covenant or use restriction affecting, the Expansion Reservoir Site in a manner which would interfere with Owner's use of the Expansion -Reservoir Site as a residential building site or sites. Provided, however,,/that the District shall have the option to purchase the Expansion Reservoir Site if (1) the acceptance criteria of Section VI,C and Section XIV have been satisfied, and (2) the District determines that the Expansion Reservoir Site is required for a 5 1 reservoir. Simultaneously with execution of this Agreement, District and Owner shall execute, and District shall present for recordation, an Option Agreement in the form attached hereto as Exhibit "C. " Section XIII. AMENDED SECTION VI,F. Section VI,F of the Agreement is amended to read as follows (unless the context is otherwise, the underlined material in this restated Section VI,F is new) : F. construction/nocupancy Upon Certain Land: (1) Tracts 1354E 13717.__ 14096, 14097 and 12p37: Notwithstanding the provisions of Section XI,B hereof, Owner may proceed with development of the land desigpated as Tracts 13545, 13717, 14096. 409.7 and 12037 . the maw attached hereto as Exhibit "Doi re•ardless of future tract number redesignations, as follows: a. Framing: Framing may proceed after the following conditions are satisfied: (i) the Bryant Cross Feeder, Phase VII, is completed and accepted by District; • (ii) the 14-inch pipeline and pressure reducing station in Camino de Bryant are completed and accepted by District; and (iii) temporary water storage facilities are provided sufficient to meet the standards of the Orange County Fire Department. 6 • (iv) District acknowledges item (i) above is completed and accepted..and item (ii) above is completed, b. occunancx: Occupancy may proceed if the requirements for framing are satisfied and in addition: (i) the well and pipeline specified in Section VI,B are installed; (ii) the well has passed the pump test specified in Section VI,C(IX) ; (iii) either (1) the Zone 4 Reservoir is completed, or (2) a temporary 200,000 gallon blending tank, located on a site acceptable to District, is installed by Owner, at Owner's sole cost. If the 200, 000 gallon temporary blending tank is used, Owner shall remove it, at Owner's sole cost, when the Zone 4 Reservoir is completed; and (iv) Phase VIII of the Bryant Cross Feeder is • completed. Provided, however, that if t} e, eauirements of subparagraphs (1) , (ii) an, (iii) of Section XIII.F(1)b above are not satisfied but Phase VIII of the Bryant Cross Feeder is complete, then occupancy of tracts 13717, 13545, 12037 . and 14097 oa_mav proceed as follows: the..first fifty units of Trac) 13717 based 7 •• 8 Tu"uoT 1u-a04;ta Ar ng aez pug Si !.0u0 gUatl-rdSTUNUP TtaToaaUItU eua uorIVUT4m00 Atr1=5ThOVE 30e uT S `To LtLCT put 9,9CT uT s 43w TttfuoT4Tppp usnog1__ (Tn) utagT off. uoTcppe uI :suoTTtb 004 'STm TUTQ4U aTo se.1 ITTIMurn Ttr uoTgao aalpta o • LEI ' V L _ O 1 ii % _ • o ;u snap a tuoo atm pup ' beast/4 . gvuTqut. • o L. i i • SA.T urt io-A4ueM LT L E S F s4oPa,Lu sq,tun et-tan TPU-CY ,TPps • anoctA uia T T pp rt-T1 Baa iTxsaocitite4 uoittzb boo 'on puOW 175Tq.ez t Do-u n pa QTa ,3 e a Tn.zes aaEM sn = Tun • ppv '67-15aoxe fou aoe u quco viae z0 CrOVI rho a :�3 auk e • s4TUrt • 517s F 41" LTL ,. _ -UT PunT.( si + •noaql. I 3T S Tun -( - :anoq tTTT) � . . ..•_ 'B•gns • •aaTn. = x eq. . + ,pust ' [ •-0�0 ooz e+ ;o uo'; - - •m•0 • ..n • 6 I TTT T 'G IeuoT;ippe ug ;o -uot49101105"'() AO qIA uot406S 04 •UTp.Z0. s-T .T TTOVJ JO 8011e •a0 e e = $ t - - OAaassa b auoz uottgb uott uoT4atdmoo uodn poAomea eq t i.e s sxue; ebeao4s Aalaodurel eus •goT.z;sTo off, T-pror z -a- s_ , . - _ .= p - - • to emaa• IT.un a T4. 1- 1 uo dn.zia uT soTAass . _ : . ; r T� � - 6o anaq q paum® pue pattg;suT 's8T4Ttro-eI .te Kag.zodulaq ubno.zu; papTAo.xd aq -TTA ssaTuraa-i" _ , r • t • ' ago/•. aaT3 pue asn T4s- a.3 za _ : + ,q•ea•eae.gns uT p= I . s4 ° - = 1 -e - - JO q e•n000 goes pus s • s - - ,2T1_. ;Tqp xg ss o;aasil pagoB4.4g tuzO; eq; uT 17aoT4ou uall.Tam ' - a• - no • mils suit() 4oT -4sTa = - _ = Z ra sxueq aegez alp •uTeaaq paggtdata uoa se saTIITTovj -quaueutaea • - oo ..0 uoT4o ps an. •UTAeu ss r . 4 : i '640• . Ieoot pug `04EEs 'Ie. - % - ' • s 'eiu-aTn•aa aa4;o ao s .o = _ aq4 tg1PPi aoueTtctux o 10- s , , puv ;ota;sTQ 04 61414=751 s uo, ,- : _ : = 8 i • L pal le;sut - . 'e s T t f q, as;em tI ' 1oT/gsTa uo quauces.znqutTa.z 4not,q;TMs�sua xa siaeumo le p9A. 1 _ . = • _ .a peuTe;uzeut peu o pottg4suT urc..ttegs (TNA) pug TTT sq•ea•eae.gns u, 1557171- u a uoo s)iueq as;eA Aaeaoeiute4 p a uTpue q ex.LL •g4oq Tou 4nq 'eAT.eu.ze 044-Ta esTolaxa /sumo pug aATgeuaa4Te eq; uT aag sAoge g pupa ? sate;f •su0TTa 000 EOS u, aTOAxesa.x daeaoal e . pafiq4 2 gallons or ID No. 2 Zone IV reservoir capacity for a total of 11. 3 million gallons. (2) Tentative . Tract 13231: Notwithstanding the provisions of Section II,B hereof, Owner may proceed with development of the land des gnated as Tentative Tract 13231 on the maty attached hereto as Ex } 1 "D" regardless of future tract number redesignation, as follows: (a) kraming: Framing may proceed after the following conditions are satisfied: (i) all requirements for occupancy of Tracts 12037, 13545, 13717, 14096 and 14097 are satisfied; (ii) the Zone 5/6 booster station is completed. (iii) temporary l .quid propane gas booster pump to provide backup water supply and fire prbtertppn is installed by Owner, at owner's sole cost; (iv) Notwithstanding the requirements of subparagraphs (i) , (ii) , and (iii) above, Owner may proceed with framing of up to eight (8) model homes before the framing criteria for Tentative Tract 13231 are satisfied- if. and only . if: (A) all guirements for framing established by the Orange County Vivre_ Department have been satisfied: and fB) the District has 10 no responsibility to provide water to the models for lanOscftDifg and domestic purposgS (b) Occutancv: Occupancy may proceed if the requirements for framing are satisfied and if: . (iv) a temporary storage tank of 150, 000 gallons, located on a site acceptable to District, is installed by Owner, at Owner's sole cost. The temporary booster pump and temporary storage tank shall be removed by Owner, at Owner's sole cost upon completion of the Zone 5 reservoir. ,lection XIV. NEW SECTION VILG. A new Section VI,G is added to the Agreement as follows: G. Two Wells and Well Sites. Wherever used in this Section VI, the terms "well" and "well site" shall mean two wells and two well sites, so long as each of the two wells and the two well sites meet all criteria for a . single well and well site. Provided, however, that the production output of the two wells may be combined for the purposes of the minimum flow criteria of subparagraph VI,C(ii) . Provided further that Owner shall be obligated to install a second well if, and only II if, the minimum flow criteria of subparagraph VI,c(ii) are not �I met by the first well. If the first well, however, meets the minimum flow criteria, Owner shall still dedicate a second well site, without installing ,a well, acceptable to District. 11 Section XV. INDEMNITY. Owner acknowledges: (1) that other "Owner Parties" were signatory to the Agreement who are not signatory to this Amendment, and (2) that subsequent to execution of the Agreement, Owner and the other Owner Parties have sold portions of the land subject to the Agreement to bona fide purchasers with record and/or actual notice of the Agreement, who may have relied on the terms of the Agreement. Owner further acknowledges that since this Amendment changes the conditions precedent to water service for certain A.W. land, the Amendment might be construed as beneficial to the A.W. land and, therefore, detrimental to land held by the other Owner Parties to the Agreement and/or to successors in interest to A.W. --' and/or the other Owner Parties. Owner therefore agrees to and shall defend, indemnify and hold harmless the District, and its directors, officers, employees, agents, consultants, attorneys, successors and assigns, against any and all claims, suits, liability, costs, and damages arising out of or related to any assertion that District, by reason of having executed or performed under this Amendment, has breached or in any way failed to perform its duties under the Agreement. a ctign AMEN-112= oft ARATTQN: District acknowledges the deposit by Owner of $11, 500.00 to cover District's administrative and legal costs to prepare this Amendment. District shall provide Owner with a summaryof expenses p ens es to which the deposit is applied. Any unused portion of the deposit iyy shall be refunded to Owner. If the deposit is insufficient, Owner 12 shall advance the additional funds needed to cover all of District's costs to prepare this Amendment. Section XVII. NOTICE OF AMENDMENT: The parties agree that the recordation of the Notice of Agreement required under Section VII of the Agreement is sufficient and that no notice of this Amendment is necessary. Section XVIII. INCORPORATI_gN of MISCELLANEOUS PROVISIONS: The provisions of Section VIII of the Agreement are expressly incorporated herein and shall apply with equal force to this Amendment. IN WITNESS WHEREOF, the parties have caused their respective officers to execute this Agreement as of the date first above written. "District" "Owner" YORBA LINDA WATER DISTRICT "AW" A.W. ASSOCIATES, NO. 3 By: The Pacific Co. , A California Corporation, By The General Partner ByBy--- By APPROVED AS TO FORM: McCORMICK, KIDMAN & BEHRENS i. By ARTHUR G. KIDMAN 13 I. wider No, . Escrow No, Loan No. WHEN RECORDED MAIL TO: Yorba Linda Water District P.O. Box 309 Yorba Linda, CA 92686-0309 SPACE ABOVE THIS LING FOR RECORDER'S USE MAIL TAX STATEMENTS TO; DOCUMENTARY TRANSFER TAX S. Computed on the consideration or value of property conveyed;OR Computed on the coinIdarotion or value lent liens or encumbrance, • remaining St time of Sale. Signature of DecIm.nt Or Ae1nt determining to.—Firm Nome CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, AW Associates No. 3, a California General Partnership acs0ipxo lox]regi Wa7ixamaxxkadoxxII16CAuXkixami ix , does hereby GRANTto Yorba Linda Water District • the real property in the City of Yorba Linda County of Orange , State of California, described Mx in Exhibit "A" attached hereto and by this reference incorporated herein. • • Dated STATE OF CALIFORNIA jeg COUNTY OF On before me, the undemlgned,a Notary Public In and tor sold Steto,poreonaly Wear' By President ed and personally known to me for proved to me on the bulls of twtideclory residence)to be the persona who executed the Within Instrument se By Secretary President and e®Oratery, • On behalf of the corporelion therein named,end acknowledged to me that such cor-- '•" • potation executed the within Inatrumonl pursuant to Its bylewa Or a resolution of Ile board of directors. WITNESS my hand and official sod Signature Mit wee for official notarial sell 1144 (6/82) MAIL. TAX STATEMENTS AS DIRECTED ABOVE CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Corporation Grant Deed as set forth above to the YORBA LINDA WATER DISTRICT, a political corporation and/or government agency, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors of such district pursuant to authority conferred by an adopted resolution by the Board dated March 9, 1960 and said District consents to recordation thereof by its duly authorized officer or agent.: IN WITNESS WHEREOF, I have hereunto set my hand this day of . , 1990. YORBA LINDA WATER DISTRICT By General Manager Ipp'� l � 6 Please Record and When Recorded Mail To: Exempt Public Agency Gov't Code § 6103 (Space above this line for Recorder's use only) OPTION AGREEMENT THIS OPTION AGREEMENT ("Agreement") is made effective , 199_, by and between A.W. ASSOCIATES NO. 3, a California general partnership ("A.W. ") , and YORBA LINDA WATER DISTRICT, a county water district created and operating under authority of Division 12 of the California Water Code ("District") . JECITALs A. District owns a parcel of real property, described in Exhibit "A" to this Agreement ("Reservoir Site") , on which it will construct a water reservoir to serve nearby land within District's Improvement District No. 2 . B. A.W. owns the real property (the "Additional Reservoir Site") which is adjacent to the Reservoir Site. The Additional Reservoir Site is described in Exhibit "B" to this Agreement, which description is incorporated by this reference. C. A.W. and District have entered into that certain unrecorded agreement entitled First Amendment to 1989 Water Service Agreement ("First Amendment") of even date with this Agreement, which provides, among other things, for the conveyance of the Additional Reservoir Site to District upon certain terms and conditions. NOW, THEREFORE, A.W. and District agree as follows: 1. Grant of Option. A.W. hereby grants to District the option to acquire the Additional Reservoir Site, on the terms and conditions specified in this Agreement and the First Amendment. 2. Term_ of Option. This Agreement and the option granted by it shall be valid and exercisable by District as provided in Section EXHIBIT "C" 1 r c 4. below only until 5:00 p.m. on the fifth anniversary date of the recordation of this Option Agreement, after which time and date the Agreement and option shall terminate and become void and unexercisable. 3. purchase Price. The purchase price for the Additional Reservoir Site shall be appraised fair market value, in its then _1 existing condition, for highest and best use (but without regard to the proposed District's use of the Additional Reservoir Site for a water reservoir, or the effect of this Agreement on such market value, if any) . If District exercises its option to acquire the Additional Reservoir . Site, appraised fair market value of the Additional Reservoir Site will be determined as follows: a. District and A.W. agree to accept an appraisal of fair market value of the Additional Reservoir Site prepared by Gerald E. Schmitz as conclusive, and if Gerald. E. Schmitz is willing and able to appraise the Additional Reservoir Site, then District and A.W. shall jointly retain him/her to perform an appraisal of the Additional Reservoir Site, sharing the costs equally; b. If Gerald E. Schmitz is unable or unwilling to appraise the Additional Reservoir Site, then District and A.W. shall attempt to agree upon a substitute appraiser, in which case District and A.W. shall jointly retain him/her to perform an appraisal of the Additional Reservoir Site, sharing the costs equally, and his/her determination of value shall be conclusive; and o. If A.W. and District cannot agree upon a single appraiser for these purposes, then each party shall designate one MAI appraiser, the two chosen MAI appraisers shall themselves agree upon a third MAI appraiser, and all three appraisers shall independently appraise the Additional Reservoir Site and prepare a report establishing and supporting the appraiser's opinion of the fair market value of the Additional Reservoir Site. For purposes of this Agreement, the appraised fair market value of the Additional Reservoir Site shall be the middle of the three opinions of value. In this instance, each party shall be responsible for the costs of and for the appraiser selected by it, and one half of the costs of the third appraiser. 4. Exercise of Option/Acauisitjen of Additional Resery it Site. The option 4 te• p granted by this Agreement may be exercised only upon delivery by District to A.W. of each of: (1) a written notice of election to acquire the Additional Reservoir Site, and (2) a request to initiate appraisal of the Additional Reservoir Site. Thereafter, District and A.W. shall proceed with reasonable diligence to cause the Additional Reservoir Site to be appraised 2 in accordance with the procedure set forth in the preceding paragraph 3 . Within 90 days after receipt of the appraisal report establishing the appraised fair market value, at the place specified below for delivery of notice to A.W. , or such other place as the parties may designate, District shall pay to A.W. the purchase price for the Additional Reservoir Site, and A.W. shall deliver to District a recordable grant deed conveying insurable fee simple title to the Additional Reservoir site to District subject only to (a) current taxes and assessments, and (b) such other non- monetary liens and encumbrances acceptable to District, which acceptance will not be withheld unreasonably. District shall be solely responsible for securing any title insurance it deems necessary and appropriate. Except as provided in the preceding paragraph, the Additional Reservoir Site will be conveyed to District in an "as is" condition, without any warranty, implied or express, about the suitability of the Additional Reservoir site for construction of a water reservoir, or for any other purpose whatsoever. District specifically acknowledges that A.W. intends to grade the Additional Reservoir Site in conjunction with its grading of the subdivision of which the Additional Reservoir Site is a part, and to install improvements adjacent to the Additional Reservoir Site consistent with the potential future improvement and sale of the Additional Reservoir site as a residential lot, and District agrees that A.W. may do so as long as the finished grade of the Additional Reservoir Site is not lower than 756 feet above mean sea level. In the event that District reasonably determines that it must escrow the purchase price pending the running of an applicable statute of limitations to challenge District's adoption of the Resolution of Necessity and Intention to Condemn the Additional Reservoir Site, A.W. will cooperate in the opening of such an escrow for District's acquisition of the Additional Reservoir Site, provided that the escrow shall close no later than the last to occur of (a) sixty (60) days after receipt of the appraisal report establishing theappraised fair market value, and (b) sixty (60) days following District's adoption of the Resolution of Necessity and Intention to Condemn the Additional Reservoir Site. 5. Notice. Any notice, document or thing required to be given or delivered pursuant to this Agreement shall be deemed to be given or delivered upon personal delivery, or if not personally delivered seventy-two (72) hours after depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to: If to A.W. : A.W. Associates No. 3 17911 Mitchell Avenue Irvine, California 92714 3 Attn: Brian Johnson If to District: Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92686-0309 6. Miscellaneous. Time is of the essence for each provision of this Agreement of which time is an element. Upon the termination of this Agreement, if A.W. so requests, District shall execute and deliver to A.W. a quitclaim deed, in form suitable for recording, relinquishing all right, claim and interest in and to the Additional Reservoir Site pursuant to this Agreement. Should either party commence an action against the other to enforce any obligation hereunder, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees from the other, whether or not such action is pursued to judgment. By acting pursuant to this Agreement, each party is and shall be representing to the other that it has full and legal authority to so act. Each party has nominated the person(s) executing this Agreement in its name and on its behalf as its agent(s) for all purposes related to performance under this Agreement, which agency shall continue until future notice to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement effective the date specified in the opening sentence of this Agreement. A.W. ASSOCIATES NO. 3 YORBA LINDA WATER DISTRICT By: The Pacific Co. , A California corporation, The General Partner By By Its "" Its ByBy BIts APPROVED AS TO FORM: McCORMICK, KIDMAN & BEHRENS By Arthur G. Kidman, Esq. General Counsel Yorba Linda Water District 4 State of California ) ) ss. County of Orange ) On this - day of , in the year , before me �.� a Notary Public of the State of California, personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as and or on behalf of BRIGHTON HOMES, and acknowledged to me that the corporation executed it. (Seal of Notary) (Signature of Notary) State of California ) ) s5. County of Orange ) On this day of , in the year , before me . . a Notary Public of the State of California, personally appeared and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as and or on behalf of YORBA LINDA WATER DISTRICT and acknowledged to me that the corporation executed it. .... (Seal of Notary) (Signature of Notary) 5 CERTIFICATE OF ACCEPTANCE Government Code Sec. 27281 This is to certify that the interest in real property conveyed by the Option Agreement as set forth above to the YORBA LINDA WATER DISTRICT, a political corporation and/or government agency, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors of such district pursuant to authority conferred by an adopted resolution by the Board dated March 9, 1960 and said District consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 1990. YORBA LINDA WATER DISTRICT By General Manager 6 . • [2(7,1,, ()A © Lit\.,,,,,,. ..,,. . E • ...e.•.,w11 • , ._. *cm a•...,xs f _ . \• •. ,,,. -. ..---,woe .."...... 1ra1NI mil iT'IR•i 4...01 ��p NU � ` a :. .4. "�[�a� I >•. to $• #1;i/P-454;"714111 • e. . „ -- . .-:'.- - ..;,i-olicii,lit_.iiLS>nr,- ,...M7Ystpl,_ ,- . .Z.- _--4110. s...7 .i., .0-- •• ., i.,•, ' . ... 4 .0% ...v....-4=-1,01-7-FAIPII -111/44AZ-um ,ir • - ,,,,.r•-0.- =.- . •••..,.. t . - . • . /.: ii./VV2..1%;11,11\e„sfirs.. ... ,i4tV0,„..;" -. '. - . ......_ .e.,, 1 4 .. . .s. ..,...,„, • . . , .. •-.." .,..? - „2, .„1". VS,,,,,,,,,,„„iii:,,,,...%.,_-_._.• -..... ) 5...- - ----1/4, . . . • ,,,,... . . ,,,.. • \••\--- •- .....4 1 1 c.s° i • �; :f: r y r a :;`I !A\Ij���aZiLly�'!�` ri• Y� �ttl' ' - of :: ..,e''' : gyp, ., y, �._^- ' ' �-,'�y!r fir` 1 . '' f. • 11. j71111. . •' ,.•:a,�"' +� , • ! 1��♦` �J'` +'1 •r• •�. _ .:r.� LP:• lit !.r .011 ii ' • i....:, . '�'• _• die...,.... L H ; r -7,,r. a.-" 1 .4,-../.4.;.0.„. r , ♦.�, i r y�+.rf-;, �t I ~ ....:A..ms`• ,...i.?". '�. �� C � ••tT..°-: H : `. t• / - +1/ r•4 ' • -0: • 'el.."::... • :w• 1�...7.•`T .ilk - = A• I. 44 tj r r ,. •sp t •s•,• .. '�; _ ' '_ " ' , . °ettt 17YH,L, ,— ' •, �%�� i%l^• •. _ •,• - , .. . • le �- �. ` �1�� '•` '• • •• �•• -4-'5f .' ` • -r�,•�:.�• ...y AFL �, t a••.Ii'•• :;t•• •�. •,.. •.} ....i.e.._ ,.... -S..1.-1•_.,,^:'- • . _ f .•Itte �YI���i.��4:. 1.••••••'..0.4,_.•* ‘'':.r ::` ' ''�.•.• . • r , r• ys — r ° • i.'•• �" ;4'7-, _��?� 7�`,t�ti ti's t •s. ...........,11-„;.?: ��• ;•-iv.-:-...4....,:.► .jr•', ...."...."...4••... =••' 7'�:c ~tet ++! ,`►� �. ' •'• .'` •0.,r- -. : e�%:.• *tiff•lr-$ " n.ice`••• "17t: ;Z.•r;-.1:::-A• •'••• • ti.1 1. -.7.: • : I .l4574.%. •A'. i�.` • - �• ' rf .% f f aY .74„j � `.yy�1�f`•� l �• :•I� • - .i •• i +i<<-� � . `'j• ,••••• _ ` :e,-s•• %..:.- .......'+'•;:X. L/A:' ',c .V.74,•!..,_••;:, :. ; r•.1_,:- -. !f.a��-AZ-1" 4-'i y.-t:. ••\* .. ."T.••_ "' '•1/• 7� .y,I yrs• 'NW.::t J•..:• *•... - >,� i•.' ..•, .C. . . .. •�F�• oq •%ate• -"A r.- e+- Is •tf�• •'i' :1: '. .•• • .t. s. �, fttttt • _�,' .0---,•1,• ^� 1:k%h •y-Aja_ •L. .%•^'.4V1f••*"• ti ` .- • {rr�.r. "47.1 !;S'YA•.•���1447-•! 1.-'1,;i S ` • •‘. s • `. •:'•'may, '4 `' x •\ `R..,- . it ;•,•ti. '!f'. !•' -'4.r •.•'•or.:'" n�•4• •' • .� If.. Imo•.•:r re+.s:4v }'`.i l •s� f1•C .• ••�•,r--. .r ..• •; - _••• - ,Y•f :.' :• • .� . . 1 . -- �� ids. : '.4....' f.:e•.•.. ,.. •. .::• 1••- ♦�: .fit.:' .,•••••• -•••,� •-•,::'.- \ t. . - ./j .��j5r; a: .r-� r 4.:le- •4{'•w. '`�•, ••-rte ./• .• ...,. . `•. • .. .••• .Y. - . :•:-/t."" .Ja.T�'•.. .49'...;i1'- ` ��';'15,•••••)---°.` ltj, .�.• �'.rC� .ti %�/•�a . .• 2� . w ':•,; ` • - r June, 1990 NOTICE TO HOMEOWNERS: • - Water storage to your home is being provided from an interim reservoir facility owned and operated by Woodcrest Development of Orange County. The interim reservoir will provide water for domestic and fire protection needs until a permanent reservoir is completed by the Yorba Linda Wates.District. Construction of the permanent reservoir is contingent upon numerous variables so a precise completion date cannot be targeted at this time. Woodcrest Development is responsible for the construction and maintenance of the interim reservoir facility. If you observe problems or an emergency associated with the interim reservoir, please immediately contact Woodcrest Development. If a Woodcrest representative is not available, or cannot be contacted, then call the Yorba Linda Water District at 777-3018. The District's operations personnel are familiar with the reservoir's operation and can provide emergency assistance. We thank you for your cooperation until permanent facilities are complete. If you have any questions, please feel free to contact the developer's representative at your convenience. Homeowner acknowledgement: Signature Address City Exhibit "E" • ki AGENDA REPORT DATE: August 9, 1990 TO: President and Members of the Board FROM: Michael A. Payne, Engineering Manager SUBJECT: Lomas De Yorba Water Well Number 2 PURPOSE: To request the Board make a determination that the Lomas De Yorba Water Well Number 2 project will not have a significant effect on the environment and that a Negative Declaration will be adopted. ANALYSIS: The District has finalized the environmental review process for the Lomas De Yorba Water Well Number 2 project. The proposed well is located approximately three - quarters of a mile,east of Gypsum Canyon Road between the Santa Fe railway road and the Santa Ana River. The attached exhibit illustrates the location of the proposed well. Pursuant to the District's adopted CEQA guidelines, an initial study for the proposed construction and operation of a second potable ground water well was prepared and circulated for public review. Individuals or agencies that received a copy of the Initial Study are noted in the Distribution List and State Clearinghouse letter. The Initial Study provides responses to comments on significant environmental issues, explains the Negative Declaration analysis and provides new information or corrections as appropriate. This project has been reviewed by the Planning Engineering Operations committee on several occasions with the latest review being on August 3, 1990 ENVIRONMENTAL REVIEW: The project has been evaluated in accordance with the adopted State and District Environmental Impact report guidelines to determine its potential impact on the environment. It has been determined that this project will not have a significant effect on the environment and that a Negative Declaration will be prepared and filed with the County Clerks office. FISCAL IMPACT: The Lomas de Yorba Water Well No. 2 project is being constructed and financed by AW Associates pursuant to the terms identified in the 1990-91 Water Service Agreement. The total estimated cost of the well projects is estimated to be $ 998,000 and would be subject to refund with Improvement District No. 2 Bonds if and when the well(s) meets all of the requirements identified within the 1989 Water Service Agreement. CONCLUSION: It is recommended that the Board of Directors make a determination that the Lomas De Yorba Water Well No. 2 project will not have a significant effect on the environment; that a Negative Declaration will be adopted; and that a Notice of Determination will be filed with the Orange County Clerks Office. Prepared by: Submitted by: /.i/Ay Al i / an4dri Michael A. Payne 0 William J. Robertson Engineering Manager Acting General Manager 1 MIIILIRIMIIIIMMIIMIIL n. r. I 2470 • lI,o Sa,-.�N , , _.. .. J II EDISON FLOM. 1 -.1 '- I I I I I WATER WELL•2 - _, iii I � - J . _ -- WATEP WELL Si - SO's 5O IISEIPENT 1 i I, 2i6s ..• '(.•-+ — III ^ r--......:.;„ `, _ .. .... • - EIOSTMG M'F11_. - _ 2;22 .. >. -_ L✓~ . . _. y_ ..FF�F. �--^ ... - • FLOOD PLAIN BOUND -Ir.. •- �- — 100 YEAR STOP . LEGEND y - LEGEND FLOOD PLAJi PROFILE ELEIIITION • AFFIDAVIT OF POSTING A NEGATIVE DECLARATION I, Yury J. Zaslaysky, Assistant Engineering Manager of the Yorba Linda Water District, hereby certify that I posted the proper notice, noted below, on the door of three conspicuous places in the City of Yorba Linda. I certify, under Penalty of Perjury, that the foregoing is true and correct. / �. 05 as . Yury J. Za laysky Date i Assistant Engineering Manager SUBJECT: Lomas de Yorba Water Well Number 2 POSTED: Yorba Linda Water District Display Window @ - Yorba Linda Post Office @ - i� 11 .61 Yorba Linda Library @ - �' . 10 City of Yorba Linda - 11 • v JB/8720004 NEGATIVE DECLARATION NOTICE IS HEREBY GIVEN that pursuant to the provisions of Resolution 80-32, the Yorba Linda Water District does hereby file a Negative Declaration on Lomas de Yorba Well Permit Number 2 for the purpose of exempting the project from an Environmental Impact Report. 1. Description of proposal and location: The proposed project involves a 16-inch- diameter water well to be drilled to an approximate depth of 100 feet. The well will be located approximately 500 feet northeast of an existing well. The project site is located in the City of Yorba Linda between the Lomas de Yorba community and the Santa Ana River. 2. Finding regarding any significant effect of the project on environment and reasons supporting such finding: See Environmental Checklist Form attached. 3. The Environmental Evaluation was prepared by Yorba Linda Water District and a copy is on file at the Yorba Linda Water District, 4622 Plumosa Drive, Yorba Linda, California for inspection. THIS NEGATIVE DECLARATION is herewith being filed at the Office of the County Clerk of the County of Orange. Yury J. Za aysky Assistant Engineering Manager JB/8720004 YORBA LINDA WATER DISTRICT 4622 Plumosa Drive P.O. Box 309 Yorba Linda, California 92686 NOTICE OF INTENT TO FILE A NEGATIVE DECLARATION NAME OF PROJECT: Lomas de Yorba Water Well Number 2 PROJECT LOCATION: Project located in City of Yorba Linda, approximately 1 mile east of Gypsum Canyon Road adjacent to the Santa Ana River. ENTITY UNDERTAKING PROJECT: Yorba Linda Water District 4622 Plumosa Drive Yorba Linda, California 92686 STAFF DETERMINATION: The undersigned, having undertaken an environmental assessment of this project, in accordance with the District Resolution No. 80-32, adopted October 16, 1980, entitled "Resolution of the Board of Directors of the Yorba Linda Water District Adopting Local Guidelines to Implement the California Environmental Quality Act", has concluded that this project does not have a significant effect on the environment and a Negative Declaration will be filed with the County Clerk. Any comments in regard to this project shall be submittedin writing to the District staff on or before NAME OF LEAD AGENCY: Yorba Linda Water District By: / • Yu J. Zaslaysky Yorba Linda Water District Dated: Oc. o Copies of Negative Declaration available at the District Office JB/8720004 LOMAS DE YORBA WATER WELL NUMBER 2 INITIAL STUDY PURPOSE This mitigated negative declaration has been prepared in conformance with Section 15070, Subsection (c) of the State CEQA Guidelines. Its aim is to describe the potential significant impacts associated with construction of a potable groundwater well and transmission pipeline in an area between the Lomas de Yorba community and the Santa Ma River, within the City of Yorba Linda, and provide measures to reduce the impacts to a level below significance.. PROJECT LOCATION AND SETTING The proposed project site is within the City of Yorba Linda, approximately 1 mile east of Gypsum Canyon Road, adjacent to the Santa Ana River, and south of the Lomas de Yorba Community. This area is known as the Santa Ma Canyon Reach of the Santa Ma River. Exhibit 1 depicts the regional vicinity of the proposed project site. The site would be located on the southeastern edge of an existing citrus orchard. West of the site, beyond the orchards are residential uses, to the east is vacant land, to the north is the Atchinson, Topeka and Santa Fe Railroad Line, and to the south is the Santa Ana River. The entire project site is located outside of the Santa Ma River Floodplain. Exhibit 2 depicts the local vicinity of the project site. Besides the existing citrus orchards, the only other uses on the project site are two existing water wells used for irrigation. The project site is owned by the County of Orange Flood Control District. The site is designated as a mitigation area under an existing 1600 Agreement (V-80-169)with the California Department of Fish and Game. The 1600 Agreement was executed in response to the development of the Lomas de Yorba Community. A minor modification to the existing agreement may be required. Additionally, the site is located approximately 85 feet north of a portion of the U.S. Army Corps of Engineers Santa Ma River Mainstem Project. The Mainstem Project will provide flood protection,environmental enhancement,and increased recreational opportunities for various areas of the Santa Ma River. • PROJECT DESCRIPTION The proposed well will be 16 inches in diameter and will be drilled to an approximate depth of 100 feet.. The well will be located approximately 300 feet southwest of a proposed irrigation well, which has been previously approved. The project site would require 9,400 square feet of area for construction. A total of 2;600 square feet of permanent area will be required for operation of the well. Exhibit 3 depicts the project site plan. The proposed well would be equipped with a 175 HP submersible motor and pump capable of delivering 1,000 gallons of water per minute, and will be discharged through an 8-inch steel pipe . located 1 foot above the ground surface. There will be approximately 15 feet of 8-inch steel pipe located above the ground surface. The 8-inch discharge pipe will terminate below the ground surface where it connects to the 16-inch transmission line.The discharge-to-waste line will connect to the 8-inch discharge pipe at the well and run below the ground surface to the river. 1 JB/8720004.IPD ' — • LOS ANGELES COUNTY SAN BERNARDINO r— - - -% COUNTY 1 u( CITY j OF_ ,_< ULLERTON m YORBA LINDA(4\.11,1 �• RIVERSIDE fa F$ 91 5 W RIVERSIDE COUNTY / oar 55 SANr� lm ANAHEIM ' o �m O' • NGE iy 22 GARDEN FYI 22 p GROVE )- crN OIL TUSTIN AD s SANTA s L ANA c, 4 \ B- •CH, 41" / DIEGO \ `_ EN HTON - IRVINE NATIONAL 73 ` COSTA c,'� ••s I�k,Y 9. 1 \. MESA 00 , 'frie gib 0 011111L o � P .E.;:=1.-----'"----%. 1-5 ,-,,i:' ,.1--.,..k- 1---•:,?J:.. W Z 1 44' L � l l.. _. _CiV �O i a MISSION �� %= ,-- iEWPORTx z VIEJO --=$EAOH �: o, c % j y i I� l * r= PK*1 --, i% Ei - - ,= =' mo =- =% H = " o Regional Location Ma ;n! Lomas de Yorb �y=--` i%' T % y S E.= , � : /�� % � OP1 -am .-.%+gtzv l - I-e .i. „:: Ar .�, .fi 8720,04_ = - . termo// - U SAN JUAN_: .F,y - N C A PIS T l l Hid la_ __A�oo�yc3%- s% l !��-� '%�=i = 5-mii - 0A . T % / t - DIEGO O A `:ttgF%`y '.., :,K't:': n?:::`1i1,: in,,� i:T '-;lam.'.. hid ,s�''� ::_ _ °� �-- COUNTYr.a,h p 3 6 MILE; -�.= ce .s.' s Y� Exhibit E • / �, � •- _" moi.-, . ` `mss ., .. ..._ - .._.. ) Y z(z• • • c.' y. ._�J w . r- 5, J Y L' �, ,/ ,t.',.41;,-,54,,*, ! 0.`+;1 j e:-....___,.. eov-,vgWe •;..-:_.:_l_.-Ft >: -— - .'' - - -.;.q-.:',...‘,..:,•---:44'.-....:"Z• • • y _ . _ y? Y.-t }l• r`, tit� „— ^ , , i� aert*we - . r 6.•,,,- .. '•A;`':', ? • 4s .0* .�.Ec-arr.r • • ',..;...‘:,...,:,."-4.1-.-•.,� r ......:,'.:-.1.••,:.......-.- '--•-�•' �- �•• •;:i?'.'.-'F': .- r.. ��, `e• mo \ ,r' 1..� • Tv :A�f .r cViit r :•., - \ .e _ _ a 'iik s• f • •+ 'r`. , i4S.... /4 ` 111 fi .•9"' . `i /' -1:1,' K. • 6 _" ; \ . .. • ` • ,:� - ,, ,.1� fprtani[T+Cl,aa•�' '•`.. f5J I. • -.,-., ,.7.:.J "\ ' } '<1: .y� „ 1 . .[zY . :. '.�: rcn.mff. ,iiea - \ ---'-.."--:r., J / �„� r "�•:�a rn 11 s - 3�`' ��.. \ (/y S- • _ k ad•sanra�anc,.a.t,� `+:. / 1y i+r�C.i+ 1%s•aC,voo .. \._,w - ..•• / �1r r..: `-�'F.. ri,r 'i' .\�\ \• .J' .. •i. �s._. �.'r .r ;‘,...,s...,,%•;,•-::::•,, • ` ,� = , .'11 :-.4•P•1-_. . '� _— ^ PROJECT SITE j : „...•••..- — ' 44 ' ''• ...IT„naga‘e.1%, P... ...-- • - - . ,., � VicinityMap� €$ north A; �'r..M Lomas de Yorba • I I LOCATION MAP ���1t,• 8773004 440 .p aC•L! VANN LILI%® I. 111 I 1 0 937 1875 FEET Exhibit 2 The 16-inch transmission pipeline will be buried with a minimum of 3 feet of cover. The pipeline will be located in a 20-foot-wide pipeline easement running northerly from the proposed well and then running westerly until connecting into a previously approved proposed pipeline. The chlorination facility needed to operate the well will be located north of the railroad right-of-way. In addition to the aboveground discharge pipe, the electrical transformer, main electrical panel, and a small motor control cabinet will be located at the well site.The cabinet will be waterproofed and approximately 24" x 48" in dimension. The facilities will be surrounded by a chain-link fence for security purposes. Landscape treatment will be provided around the fence to reduce adverse visual effects. Access to the well site will be from an all-weather road. The access road is located outside the Santa Ana River Floodplain. ENVIRONMENTAL ANALYSIS In January 1989, Leighton and Associates, Inc. prepared a study of the proposed water well. The study included a geological and geotechnical investigation, and geohydrological investigation, and groundwater quality analysis. Where applicable, that study is referenced within this Initial Study. The actual study is available upon request. Located approximately 300 feet southwest of the proposed water well site is the location of a previously approved water well. This water well was the subject of a previously approved Negative Declaration. In accordance with Section 15150 of the State CEQA Guidelines information used from the previously prepared negative declaration is hereby incorporated by reference into this initial study. In April 1990, Michael Brandman Associates, Inc. conducted a survey of the project site to determine the U.S. Army Corps of Engineers and the California Department of Fish and Game jurisdictional requirements associated with the proposed project. The survey determined that the proposed project site is outside the jurisdictional requirements of both agencies. A written confirmation of this finding will be provided from the U.S. Army Corps of Engineers and the California Department of Fish and Game prior to implementation of the project. The following is a discussion of the Initial Study checklist form (Attachment 1) prepared for the proposed project. Each potential impact is discussed. For each potentially significant impact, mitigation measures are proposed to reduce it to a less than significant level. In areas where the project is determined to pose no significant impacts, that determination is also discussed. 2 JB/8720004.IPD ENVIRONMENTAL CHECKLIST FORM Background 1. Name of Proponent AW Associates No, 3 2. Address and Phone Number of Proponent 17911 Mitchell Avenue Irvine. California 92714 3. Date of Checklist Submitted 4. Agency Requiring Checklist Yorh;i Linda Water District 5. Name of Proposal, if applicable Lomns de Yorha Water Well Nunher 2 II. Environmental Impacts (Explanations of all "yes" and "maybe" answers are required on attached sheets.) Yes Maybe Nft 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in _ _ X geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? c. Change in topography or ground surface _ _ X relief features? d. The destruction, covering or modification of _ X any unique geologic or physical features? e. Any increase in wind or water erosion of X soils, either on or off the site? f. Changes in deposition or erosion of beach _ _ X sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet, or lake? g. Exposure of people or property to geologic _ X _ hazards, such as earthquakes, landslides, mudslides,ground failure,or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of _ X _ ambient air quality? b. The creation of objectionable odors? _ X 1 JB/8720004.ECF c. Alteration of air movement, moisture, or _ _ X temperature,or any change in climate,either locally or regionally? 3. Water. Will the proposal result in: a. Change in currents, or the course of _ _ X direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage _ _ X patterns, or the rate and amount of surface runoff? • c. Alterations to the course or flow of flood _ _ X waters? d. Change in the amount of surface water in _ _ X any water body? e. Discharge into surface waters, or in any X alteration of surface water quality,including but not limited to temperature, dissolved oxygen, or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, _ _ X either through direct additions or withdrawa- ls, or through interception of an aquifer by cuts of excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or,property to water X related hazards, such as flooding or tidal waves? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species,or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction of the numbers of any unique, rare, or endangered species of plants? c. Introduction of new species of plants into an area,or in a barrier to the normal replenish- ment of existing species? d. Reduction in acreage of any agricultural _ X crop? 2 JB/8720004.ECF 5. Animal Life: Will the proposal result in: a. Change in the diversity of species, or _ _ X numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? b. Reduction of the numbers of any unique, _ X rare or endangered species of animals? c. Introduction of new species of animals into — _ X an area, or result in a barrier to the migra- tion or movement of animals? d. Deterioration to existing fish or wildlife _ _ X habitat? 6. Noise. Will the proposal result in: • a. Increases in existing noise levels? _ X b. Exposure of people to severe noise levels? _ X 7. Light and Glare. Will the proposal produce new _ _ X light or glare? 8. Land Use. Will the proposal result in a substantial _ _ X alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable _ _ X natural resource? 10. Risk of Upset. Will the proposal involve: • a. A risk of an explosion or the release of _ X hazardous substances (including, but not limited to, all pesticides, chemicals, or radiation) in the event of an accident or upset condition? b. Possible interference with an emergency X response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, _ _ X distribution, density, or growth rate of the human population of an area? 3 JB/8720004.ECF 12. Housing: Will the proposal affect existing housing, _ X or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular _ , X movement? b. Effects on existing parking facilities, or _ _ X demand for new parking? c. Substantial impact upon existing transporta- _ _ X tion systems? d. Alterations to present patterns of circulation _ X • or movement of people and/or goods? e. Alterations to waterborne,rail,or air traffic? _ X f. Increase in traffic hazards to major vehicles, _ X bicyclists, or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in, a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? _ _ X c. Schools? _ _ X d. Parks or other recreational facilities? _ _ X e. Maintenance of public facilities, including _ _ X roads? f. Other governmental services? _ _ X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ X b. Substantial increase in demand upon existing _ _ X sources of energy, or require the develop- ment of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? _ _ X b. Communications systems? _ _ X 4 JB/8720004.ECF c. Water? — — X d. Sewer or septic tanks? -- — X e. Storm water drainage? — — X f. Solid waste and disposal? — X i 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential — s X health hazard (excluding mental health)? - b. Exposure of people to potential health — — X hazards? 18. Aesthetics. Will the proposal result in the obstruc- — _ tion of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal result in an impact — — X upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. X a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? b. Will the proposal result in adverse physical — — X or aesthetic effects to a prehistoric or historic building, structure, or object? c. Does the proposal have the potential to — — X cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or — sacred uses within the potential impact area? 21. Mandatory Findings of Significance. 5 JB/8720004.ECF a. Does the project have the potential to _ _ X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or'wildlife population to drop below self sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to _ _ X achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period • of time,while long-term impacts will endure well into the future.) c. Does the project have impacts which are _ _ X individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirect- ly? On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment,there X will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. • I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date Signature Yorba Linda Water District For • 6 JB/8720004.ECF 1. EARTH (a,d) Explanation The proposed project site is regionally located on the southwest margin of the Chino Hills, which represents an upthrown block of marine sandstone, conglomerate, and siltstone bedrock units. Based on previous geological and geophysical studies (Leighton and Associates, January 1989) prepared for the project site, it was determined that the proposed well could be constructed without significant impacts to geologic substructures or physical features of the project site. 1. EARTI-I (b,c) Explanation The proposed well will be 16 inches in diameter and will be drilled to an approximate depth of 100 feet. Significant impacts to project area topography or ground surface relief features are not anticipated. 1. EARTH (e,f) Explanation The proposed project would involve limited earthwork. Construction operations for the project could result in erosion-related impacts. Mitigation Measure Any sand or sediment associated with construction of the proposed project shall be removed from the project site. 1. EARTH (g) Explanation The Whittier Fault Zone is within the immediate vicinity of the project site. Similar to other areas in Southern California, the proposed project site could be subject to groundshaking impacts. Mitigation Measure 1. The proposed project shall comply with the current seismic design specifications for water wells. • 1 JB/8720004.IIS 2. AIR (a,) Explanation Operation of the proposed well would not have any significant long term air quality impacts. The proposed well would not emit any pollutants. Implementation of the project could have potential short-term air quality impacts as a result of construction operations. However, construction operations are anticipated to be no longer than 30 days. Therefore, short term air quality impacts associated with the project are not perceived to be significant. Mitigation Measures 1. During construction, the project shall be required to use watering or chemical stabilization to mitigate any construction related air quality impacts,in compliance with the South Coast Air Quality Management District Rule 403 (fugitive dust). • 2. All operations that tend to create or cause dust shall be suspended when the wind velocity is sufficient to cause dust by its own force and intensity. 2. AIR (b,c) Explanation The proposed project would not result in the creation of objectionable odors, nor would it result in the alteration of air movement, or effect changes in climate either locally or regionally. • 3. WATER (a,c,d) Explanation The proposed project site is located outside of the floodplain of the Santa Ma River.The project would not have any significant impacts on the quality, course, or direction of any water body. 3. WATER (b) Explanation No significant amount of surface water runoff is expected to occur as a result of the proposed project. 3. WATER (e) Explanation The only discharge associated with the project would be during construction of the water well. A small amount of water would be discharged into the river. The proposed project may require the issuance of a discharge permit from the Regional Water Quality Control Board. 2 JB/8720004.IIS Mitigation Measure The applicant shall consult with the Regional Water Control Board on the need for a discharge permit. • 3. WATER (f,g,h) Explanation The proposed well would pump approximately 800 to 1,000 gallons of water per minute. Water supplies for the well would be provided by a shallow unconfined aquifer. A previous groundwater study (Leighton and Associates, January 1989) of the aquifer has determined that there is adequate storage to meet the needs of the proposed well. The proposed project would not significantly alter the direction or rate of flow of groundwater, nor would it significantly reduce the amount of water that might be available for other public water supplies. 3. WATER (i) Explanation • The proposed project is located outside of the floodplain. The proposed well would have a submersible motor and pump thereby minimizing any potential damage to the pump in the event of flooding. The proposed project does not significantly expose people or property to water- - related hazards. 4. PLANT LIFE (a,b,c,d) • Explanation The only plant life on the project site is an existing citrus orchard. The project would require the removal of approximately 50 trees. The citrus trees are not considered to be prime agricultural lands or crops. The proposed project is not anticipated to have any significant impacts on existing plant life as a result of removal of water from the existing underground water table. 5. ANIMAL LIFE (a,b,c,d) • Explanation The existing orchard provides foraging areas for birds and small mammals. 6. NOISE (a,b) Explanation • The proposed project would not significantly increase long-term noise levels in the project area. The proposed well will emit insignificant levels of noise. The majority of the well will be underground, thereby mitigating potential noise impacts. The closest residential or other noise- sensitive use in the area is approximately 1,000 feet to the north. Residents of the area would not 3 JB/8720004.IIS • be affected by noise. However, during construction operations, residents in the vicinity could be subject to short-term construction-related noise impacts. Mitigation Measure 1. Construction operations associated with the project shall comply with the City of Yorba Linda Noise Ordinance. 7. LIGHT AND GLARE Explanation • Implementation of the proposed project would not introduce any new sources of light and glare into the project site. No adverse light and glare impacts are anticipated. 8. LAND USE • Explanation The project site is located within the City of Yorba Linda. The project site has a zoning designation of Floodplain-1 (FP-1). Under the FP-1 zoning designation, the proposed project is conditionally permitted, subject to approval of a conditional use permit. Mitigation Measure 1. The proposed project shall consult with the City on the need of a conditional use permit. 9. NATURAL RESOURCES (a,b) Explanation The proposed project would incrementally contribute to the withdrawal of underground waters from the aquifers of the Santa Ana River. However, previous hydrological studies (NBS/Lowry, March 1988) of the project area indicate that adequate supplies of underground water are available for the proposed well due to the recharge of aquifers primarily from the Santa Ana River. 10. RISK OF UPSET (a,b) Explanation The proposed project would not involve any risk of upset impacts. No hazardous materials are involved with the project. The project does not affect any emergency evacuation plans or routes within the project area. 4 JB/8720004.IIS 11. POPULATION Explanation The proposed well would provide domestic water supplies to projected populations of approved dwelling units within Lomas de Yorba Community. No changes in projected population levels are associated with the ro osed project. P P • 12. HOUSING Explanation The proposed well will provide domestic water supplies to approved dwelling units within the Lomas de Yorba Community. No adverse changes in project housing units are associated with the proposed project. 13. TRANSPORTATION/CIRCULATION (a,b,c,d,e,f) Explanation The proposed project would result in no adverse transportation/circulation impacts. An all- weather maintenance road would be provided to access the well site. The only traffic generated from the project would be weekly checks by the Yorba Linda Water District. 14. PUBLIC SERVICES (a,b,c,d,e,f) Explanation The proposed project would not have an adverse effect on fire protection, police protection, school service, or other governmental facilities. The Yorba Linda Water District would construct and maintain the proposed well and its associated maintenance road. 15. ENERGY (a,b) Explanation The proposed project would not require a substantial amount of fuel for operation and would not require the development of any new sources. 16. UTILITIES (a,b,c,d,e,f) Explanation • The proposed project would not have an adverse effect upon natural gas, communication, sewer, storm water drainage, solid waste disposal, or water utilities. Implementation of the proposed project would provide the required water supplies to the Lomas de Yorba Community. No other water utilities other than those associated with the proposed project would need to be constructed. 5 JB/8720004.IIS 17. HUMAN HEALTH (a,b) Explanation 1 t A previous water qualityanalysis (Leighton and Associates, January1989) determined that underground water supplies within the project site would meet local, state, and federal standards for domestic use. The proposed project would not pose any human health impacts. r . 18. AESTHETICS Explanation Aboveground mechanical equipment associated with the proposed project could provide adverse aesthetic impacts. However, a proposed chain-link fence with landscaping will be provided to screen the equipment. Such treatment would reduce adverse aesthetic impacts to insignificant levels. 19. RECREATION Explanation The proposed project would not result in adverse impacts to the quality or quantity of existing or future recreational opportunities that may occur in the project area. 20. CULTURAL RESOURCES (a,b,c,d) Explanation Previous paleontological surveys of the project area have determined that no paleontological resources are known to occur in the area and none are expected to be uncovered during construction operations. A previous cultural resource survey has identified the presence of one prehistoric and 15 historic sites within the Santa Ma Canyon area. Drilling operations associated with the proposed project could uncover cultural resources. Mitigation Measure 1. If cultural resources are uncovered during drilling, operations shall cease and a • qualified archaeologist shall be notified to salvage the resources. 21. MANDATORY FINDINGS OF SIGNIFICANCE (a,b,c,d) Explanation The proposed project does not have the potential to degrade the quality of the environment or substantially reduce the habitat of fish or wildlife species. The proposed project would not cause 6 - JB/8720004.HS fish or wildlife populations to drop below self-sustaining levels or threaten to eliminate plant or wildlife communities. The proposed project would not result in any significant long-term or cumulative adverse environmental impacts after the recommended mitigation measures have been incorporated. The proposed project does not have the potential to cause substantial adverse effects on human beings either directly or indirectly. The Initial Study evaluation for the proposed project has determined,that all potential significant impacts associated with the project can be effectively mitigated to less than significant levels. Therefore, additional environmental evaluation for the project is not required. 7 JB/8720004.IIS • RECEIVED g\NCE 1g • Directors AS v‘GECII�G1/ JUN 2 5 1990 OfficersJ` LAWRENCE P.KRAEMER JR. PHILIP L ANTHONY Q err .�, President KATHRYN L BARR • YORBA LINDA JOHN V.FONLEY DSINZ WATER DISTRICT KATHRYN L.BARR 0 First Vice President JOHN GARTHE DONN HALL -79J-4)? V LANGDON W.OWEN LAWRENCE P.KRAEMER JR. O�T4 "Q 0191NOJ Second Vice President AUGUST F.LENAIN ON OF 1N WILLIAM JR. GEORGE OSBORNE General Manager LANGDON O NOBLE J. WAITE EN ORANGE COUNTY WATER DISTRICT District JOHeNSSON May 14, 1990 Mr. Yuri J. Zasiaysky Yorba Linda Water District 4622 Plumsoa Drive Yorba Linda, CA 92686 SUBJECT: Lomas de Yorba Water Well No. 2 Dear Mr. Zaslaysky: This is in response to your Notice of Determination dated May 2, 1990 regarding your - Notice of Intent to file a Negative Declaration for construction of the subject water well. Our comments on the well are similar to our comments submitted to you on the Lomas de Yorba Water Well' No. 1. Staff does not object to the Negative Declaration for construction of the well. According to the District's Bryant Ranch Agreement, use of the well cannot legally occur until the property being served by this well is annexed to the _ District, or until a pre-annexation agreement has been approved regarding use of the well. - Again, we are looking forward to working with you in your water supply programs. Very truly yours, - Nereus Richardson �;.,, 'A 4. : Assistant Manager/District Engineer ` NR:rd MAILING ADDRESS: P.O. BOX 8300 10500 ELLIS AVENUE,FOUNTAIN VALLEY FOUNTAIN VALLEY,CA 92728-8300 TELEPHONE(714)963-5661 FAX(714)963-7472 .,,gym, • State of C1IaIifornia GOVERNOR'S OFFICE i - ' OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTO 95814 GEORGE DEUKMEJIAN GOVERNOR June 28, 1990 RECEIVED JUL 0 31990 Yury J. Zaslausky YORBA LINDA Yorba Linda Water District WATER DISTRICT 4622 Plumosa Drive P.O. Box 309 Yorba Linda, CA 92686-0309 Re: Yorba de Linda Water Well Number 2 Neg. Dec. Shortened Review Request, SCH# 90010671 Dear Mr. Zaslausky: This is to inform you that concerned state agencies have been contacted with regard to the request for a 21-day review for the Yorba de Linda Water Well Number 2 Neg. Dec. project. As none of the agencies object to shortening the review period, the request has been granted. Accordingly, the review period for state agencies will be from June 28, 1990 to July 19, 1990 . If you have any questions, please contact Lynne Coughlin of the State Clearinghouse at 916/ 445-0613 . Sincerely, David C. Nunenkamp Deputy Director, Permit Assistance DCN:LC:hr ;IA I€ OF k-.,lirJnNIA—v-FICE Or THE GOVERNOR GEORGE DEUKMEJIAN, Governor • OFFICE OF PLANNING AND RESEARCH ,.;.__. .. 1400 TENTH STREET =�.,ti• �; ' r-o.f� SACRAMENTO. CA 95814 • • July 19, 1990 RECEIVED Yury J. Zasisysy JUL 2 .41990 • Yorba Linda Water Dsitrict 4622 Plumosa Drive YORBALINDA WATER DISTRICT 2 Linda, CA 92686 SuI? • Dear NIr. Zasisysy: •• The State -Clearinghouse has submitted the above named proposed Negative Declaration to selected state agencies for review. The review period is now closed and the comments from the responding agency(ies) is(are) enclosed. On the enclosed Notice of Completion form you will note that the Clearinghouse has checked the agencies that have commented. Please review the Notice of Completion to ensure that your comment package is complete. If the comment package is not in order, please notify the State Clearinghouse immediately. Remember . to refer to the project' s eight-digit State Clearinghouse number so 1 that we may respond promptly. Please note that Section .21104 of the California Public Resources Code required that: 'a responsible agency or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. ' Commenting agencies are also required by this section to support their comments with specific documentation. Should you need more inforration or clarification. we recommend that you contact the commenting agency at you: earliest convenience. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents , pursuant to the California Environmental Quality Act. Please contact ':err:.. Lovelady a: (3' 6) 445-0613 if you have any questions regarding the environmental review ;recess . Sincerely, • • • David C. Nunenkamp Deputy Director. Permit Assistance • Enclosures cc: Resources Agency MICHAEL M.RUANE RECEIVED DIRECTOR, EMA 4 lJ NTY Co F 12 CIVIC CENTER PLAZA 44441 J U L 0 5 1990 SANTA ANA,CALIFORNIA MAILING ADDRESS: YORBA LINDA P.O.BOX 4048 5 4 , . RANGE WATER DISTRICT SANTA ANA,CA 92702-4048 i TELEPHONE: (714) 834-2306 ENVIRONMENTAL MANAGEMENT AGENCY FAX N 834-2395 JUN 2 9 1990 FILE NCL 90-77 Yury J. Zaslaysky Yorba Linda Water District 4622 Plumosa Drive Yorba Linda, CA 92686 SUBJECT: Negative Declaration for Lomas de Yorba Water Well Number 2 Dear Mr. Zaslaysky, Thank you for the opportunity to respond to the above referenced item. The County of Orange has no comment at this time. However, we would appreciate being informed of any further developments. If you have any questions or need to contact us, please call Kari Rigoni at (714) 834-2109. • Very truly yours, Joan S. Golding, Program Manager Regional Coordination Office • • ri A. Ri oni, Sr.40ianner CH:tk(ldnc) $TATE OF.CALIFORNIA GEORGE DEUKMEJIAN,Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION ' 6809 INDIANA AVENUE,SUITE 200 i� �S • RIVERSIDE, CALIFORNIA 92506 "44 .410 PHONE:(714)782-4130 RECEIVED JUL 101990 July 9, 1990 YORBA LINDA WATER DISTRICT Yury J. Zaslaysky Yorba Linda Water District 4622 Plumosa Drive Yorba Linda, CA 92686 NEGATIVE DECLARATION FOR LOMAS DE YORBA WATER WELL NUMBER 2, YORBA LINDA, ORANGE COUNTY SCH# 90010671 Dear Mr. Zaslaysky: We have reviewed the Negative Declaration and Environmental Checklist for the above-referenced project and note that the possible need for a permit issued by the Board has been identified. • Please be advised that the time frame for issuance of a permit can be as long as 180 days from the time the permit application is accepted as complete. No discharge prior to the issuance of the permit (if determined necessary) is allowed. We encourage you to contact this office regarding permit requirements in a timely manner to avoid project delays. If you have any questions, please contact me. Sincerely, Augustine Anijielo, Water Resources Control Engineer Regulations Section cc: Lynne Coughlin, State Clearinghouse AEA/3329yob.neg • • • • June 27, 1990 Office of Planning and Research 1400 Tenth Street Sacramento, California 95814 Attention: State Clearing House The Yorba Linda Water District hereby requests a 21 day review period for the Mitigated Negative Declaration prepared for the Lomas de Yorba Water Well #2 project. We believe that the 21 day review period is appropriate due to the magnitude of the project and the minimal potential impacts associated with it's implementation. If you have any additional questions, please feel free to call me at (714) 777-3018. Sincer ly, Yury J. Zaslaysky STATE,Ur CALIFOHnIA GEORGE DEUKMEJIAN,Governo • CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD , ,,1.0+1 SANTA ANA REGION 6809 INDIANA AVENUE, SUITE 200 1 ' RIVERSIDE, CALIFORNIA 92506 . M; PHONE:014)782-4130 July 9 , 1990 • Yury J. Zaslaysky • Yorba Linda Water District 4622 Plumosa Drive Yorba Linda, CA 92686 NEGATIVE DECLARATION FOR LOMAS DE YORBA WATER WELL NUMBER 2 , YORBA LINDA, ORANGE COUNTY SCH# 90010671 • • Dear Mr. Zaslaysky: • We have reviewed the Negative Declaration and Environmental Checklist for the above-referenced project and note that the possible need for a permit issued by the Board has been identified. Please be advised that the time frame for issuance of a permit can be as long as 180 days from the time the permit application is accepted as complete. No discharge prior to the issuance of the permit (if determined necessary) is allowed. We encourage you to contact this office regarding permit requirements in a timely manner to avoid project delays. If you have any questions, please contact me. Sincerely, Augustine Anijielo, Water Resources Control Engineer Regulations Section cc: Lynne Coughlin, State Clearinghouse . AEA/3329yob.neg , .' • Mail to:State Clearinghouse,1400 TenthStreet.Sacrosmenta,CA 95814 916/445-0613 I SCH# _. L " v . . Project Tltbt Lomas de Yorba Water Well Numher ? LeadAgatry: _Yorba Linda Water District Contact Person: _Yttry .1 7ncicuey S 4622 Plumosa Dr. Phone: 714-777-3018 Cuy Yorba Linda, CA Zip: 92686 County: Orange Project Location County: flran9c. City/Nearest Community: Ynrha I inch • CmsmStreeo: Gypsum Canyon Road Total Aces: Assessors Parcel No. Section Twp. Range Base Within 2Miles: State liwyg: Waterways: Santa Ana River Railways: Santa Fe R.. Schools: Airports: 1 Document Type CEQA: ❑NOP ❑Supplement/Subsequent NEPA: ❑NOI Other: ❑Joint Document ❑Early Cons ❑E6t(Prior SCH No.) 0 EA 0 Fuel Document Nes Doc ❑Other Draft DOME: ['Draft QR • ❑ 1 Local Action Type ' • 0 General Plan Update ❑Specific Pim 0 Rezone 0 Amteauion ❑General Plan Amendment 0 Master Plan 0 Prarona 0 Redevelopment ❑General Plan Element 0 Planned Unit Development 0 Use Permit 0 Coastal Permit ❑Commtmity Plan 0 Site Plan 0 Lard Division(Subdivision. 0 Other Parcel Map.Tract Map.etc.) • Development Type • ❑ Residential: Units Anes (X,Water Facilities. Type Water Well MGD_ ❑ Office. SO. Acres Employers 0 Tran:pmuuoa Type prile . . ❑ Commercial:Sq,/t. Acres Employees 0 Mining: ❑ Industrial: SOJt. Acres Employees 0 Power. Type Watt_ ❑ Educational 0 Waste Treatment:Type_ ❑ Rer.•teauonal • 0 Hazardous Waste:Type . ❑ G Project Issues Discussed In Document ❑ Aesthetic/Visual 0 Flood Flain/Flooding 0 Schools/Universities 0 Water Quality ❑Agricultural Land 0 Forest Lvtd/Fire Hazard 0-Septic Systems 0 Water Supply/Grotmdwattm • ❑Air Quality 0 Geologic/Seismic 0 Sewer Capacity 0 Weiland/Riparian ❑ Archeological/Historical 0 Minerals 0 Soil Erosion/Compaction/Grading 0 Wildlife ❑Coastal Zone 0 Noise 0 Solid Waste 0 Growth Inducing ❑ Dainage/Absorph an 0 Population/Housing Balance 0 Toxic/Hazardous 0 Landon ❑ Economic/Jots 0 Public Services/Facilities 0 Traf54Cisculation 0 Cumulative Effects ❑ Fiscal 0 Recreation/Parks 0 Vegetation ❑Other Present Land Use/Zoning/General Plan Use Project Description The proposed well will he to inches in diameter and will he drilled to an approximate depth in 11x1 feet. •Ills well will be located apputsiuta Lely 31111 feet southwest of a proposed Orig. ' %ell. - which has been previously approved.The project site would acquire 9.400 square feet of:ilea for construction. A total of 2,0011 square feet of permanent area will be requited for operation o1 the well. Exhibit 3 depicts the project site plan. CLEARINGHOUSE CONTACT: 916/445-0613 . LYNNE COUGHLIN . CMT SNT Q4T SNT _ • Resources STATE REVIEW BEGAN: ' - - Q --- .11111181.6. 4 Itti !lrlt?rt'a — DEPT REV TO AGENCY: - — — .,,,,,,A,,"•r:-; rs - /7 — — ....... •,� r....... r Bd AGENCY REV TO SCH : '!' r•"'""' �" 9 f� _ ..I_I at I Game _ —air ,:; SCH COMPLIANCE t -/ f — _ •� — — �SWRCB:--Wer Quality PLEASE RETURN NOC WITH ALL COMMENTS — i ac riritel oi► — i SWRCBt--.Wtr Rights NEW AQMD/APCD: • / — — _ Reg. WQCB f S _ {/(/RI}lesources: /lr / 30) gDWR4 ns �j ,�p�.YrePr++ ria 1 rt+iya. O® . 1 N— — e trans ! /a — , _ .)qt.sktil p..)).)lY — r rip ° ve — — ''Ii iry �, ,4 • State Lends Comm Aire — ---11201 �Ifealth _ _ __ , I'S' - sent by lead / '+' - sent by SCH) • VAT§OF GWFORNIA • ORORGE AEUKUEJMAN.& minor CALIFORNIA REGIONAL WATER QUALITY.CONTROL BOARp SANTA ANA REGION ,t4110: '4809 INDIANA AVENUE.SUITE 200 .441/ERSIDE.CALIFORNIA 92608 ;;� ONE:(714)782-41304X-gat,"• • July 9, 1990 • Yury J. Zaslaveky Yorba Linda Water District 4622 Plumose Drive Yorba Linda, CA 92686 NEGATIVE DECLARATION FOR LOMAS DE YORBA WATER WELL NUMBER 2, YORBA LINDA, ORANGE COUNTY SCH# 90010671 Dear Mr. Zaslaveky: We have reviewed the Negative Declaration and Environmental Checklist for the above-referenced project and note that the possible need for a permit issued by the Board has been identified. Please be advised that the time frame for issuance of a permit can be aslong as 180 days from the time the permit application is accepted as complete. No discharge prior to the issuance of the permit (it determined necessary) is allowed. We encourage you to contact this office regarding permit requirements in a timely manner to avoid project delays. If you have any questions, please contact me. Sincerely, ,, • p Augustine Anijielo, Water Resources Control Engineer Regulations section cc: Lynne Coughlin, State Clearinghouse AEA/3329yob.nsg . • ,,,, i., 64 OF THE ARMY ',, LOS ANGELES DISTRICT,CORPS Of ENGINEERS P.O.BOX 8711 r ' LOO ANOELf6.CALIFORNIA 110053.232$ 44 �•1�/Or r q C.•.�!`AA REPLY TO P. 1 r;PV V ATEENlIONOF June 22. 1990 JUL 2 1990 Office of the Chief lathRegulatory Branch Woodcrest Development c/o Michael Brandman Associates ATTN: Melinda Kashuba 2530 Red Hill Avenue Santa Ana, California 92705 • File number: 90-316-GS Dear Ms. Kashuba: • Reference is made to your application and/or letter of June 7 , 1990 in which you inquired as to whether or not a permit is required from the U.S. Army Corps of Engineers tocgrldrecnearwater Santa Analocated RiverppOrangetCounty. miles east of Gypsum Canyon9 California. Based on the information furnished in your correspondence (referenced above) , we have determined that your proposed project is not subject to our jurisdiction. Therefore, no permit is required from our office. The receipt of your correspondence is appreciated. If you have further _ questions on this matter, please refer to file number 90-316-GS. Sincerely. • P:rticAtAA41 iNr-0,1140....-1.--,,, _ Richard Harlacher Chief, Southern Section Z'd 1S32l000OM 0E:TT 061 20 mnr 7-W11 u w7 • • Department of Fish and Qeme 330 Golden Shore, Suite 50 r1 �'r �)r n Lon{ Beach, CA 90802 • June 17, 1990 J U N 27 149(7 • Dr. Melinda Keehuba A118d Michael Brandman Associates • 2550 Redhill Avenue • Banta Ana, CA 92705, • • • Dear Dr. Keahube: • I have reviewed the :information you provided concerning the aecond well proposed by Woodcrest fevelopment Company. As I stated in my letter of December 9, 1989 concerning well # 1 the area in question does not require notification under the Department's 1600 code section. However, please be aware that all litter and pollution laws must be complied with during the construction and operation of the facility. If your client changes the location of thee, proposed well additional review and compliance with the 1600 code eection may be required. • • Should you or your client have any questions, please contact me at (714) 924-2757. 4 Sincerely, .050211/.. . . Michael Giusti Associate Fishery Biologiet Region 5 Streambed Alteration Team • • • • • • • • • • • 2'd 1 0S:SI 06, L2 Nflf 6 � Cey f' tg�s ' $ii vo 1jj;��w l Nc �S• AGENDA REPORT DATE: August 9, 1990 TO: President and Members of the Board FROM: Michael A. Payne, Engineering Manager SUBJECT: Right of Way Agreements PURPOSE: To request that the Board of Directors approve the Right of Way Agreements with Stanley A. Kaller and Arleen E. Kaller and also with Clement E. Lieber and Gerry E. Lieber. ANALYSIS: On June 14, 1990, the District entered into an agreement with BSI Consultants for the preparation and acquisition of permanent and temporary easements that are needed for a proposed sewer main that will be installed on behalf of Brighton Homes. This proposed sewer main will be extended north from Palm Drive and Easy Street through private properties to serve the future Brighton development located near the North Orange County Community College District property. The District already has all of the easements for this Trunk Sewer project with the exception of two properties which are located north of Mickel Lane. An exhibit illustrating the two properties is attached. BSI Consultants have met with the owners of these affected properties and they have successfully obtained executed easements for both parcels contingent upon the execution of the Rght of Way agreements by the District. The Right of Way Agreements stipulate that the District will provide an appraisal report prepared by an independent MAI appraiser identifying the value of the property rights donated to the District. Brighton Homes has agreed to pay all of costs associated with the acquisition of the appraiser and compensation to both property owners. There is no cost to the District. Additionally, in exchange for the two easements, the frontage fee for these properties will be waived which is consistent with the Rules and Regulations of the District. The Planning - Engineering - Operations committee reviewed the Right of Way Agreements at their August 3, meeting. ENVIRONMENTAL REVIEW: The City of Yorba Linda is the lead agency for this project. FISCAL IMPACT: The cost of the independent MAI Appraiser and the Right of.Way acquisition will be paid for by Brighton Homes. There is no cost to the District. CONCLUSION: The staff is recommending that the Board of Directors approve a Right of Way Agreement with Stanley A. Kaller and Arleen E. Kailer and also with Clement E. - Lieber and Gerry E. Lieber subject to review and approval as to form by the District's General Counsel; and authorize the President and Secretary to execute both agreements. Prepared by: Submitted by: /1 C / Pi/ V -6.1'1!//4. Michael A. Payne/ illiam J 'obertson Engineering Manager Acting General Manager Lam/ o 1....----------11 . 1 I a MINT no : 011...1 ....E1-. 03T ' W S& hU1,TV-U1-IK .. PROJECT ' „ 1111 LOCATION • -`.► . w 4'. • • I i ; . I .1. ' • • VICINITY MAF' ' -12 ? bogy 1 1 f� i . . * STATE I DNADIN + ' LOCA p • iit rl �t. i /VG a LA crw ' I I •• v1A On. 1 b•C CAIALLOL....1 c•s•LLo VIA F il-W2 G 42T-5, ADR 3 �• W�IZ 6ut3TxWNK `r ' • . . Sf Mr`rrs .. y5a 111 ' 0 • II IflIENT J •/ ' r 011 I. 4 �i ii: �tI _ Qy �1 ARSA J 1 l•. COUNTRY/to s •, :1. 1' . ono knot LM. �m+�Yvl►.M orr-� ••a ,b' E.WFR' • • PHA 105T-5 IPRI Air- pwY 1 - 5r � ;Ut)TF1- 1 AM GMT • '.^■ . I _— J• l t P1.1.1* IIIc .L LIMJ . . I ma • • IRat tet. r VhN LN • PALM VISTA I Vfalit.A1114 I (� • I. ^ • IALIAI.1 a • I' -- ,d��jsv ---I e1�.7Y `)T1E7 i t�011c. l 1 I ' 1• ik. 22 �' �. I .r.. I �1L� : Y O R B A L I r A _r F_L I _ 11 111Th17 .' Lb 'i. V. WILL U,.rnAo„ Op rt. I ' ... 11 .Z1,...6.4 ''l F‘I: f•P • .. ..1-1-.-.1:—;)01 t., .-----t-4. a • • --_L > MA I'D 'sio 1 2 RIGHT OF WAY AGREEMENT 3 AND RIGHT OF ENTRY 4 • 5 6 THIS AGREEMENT is made by and between the Yorba Linda Water 7 District (hereinafter called District) and Clement and Gerry Lieber 8 (hereinafter called Grantor) for the District's acquisition of an 9 easement (attached) covering certain real property described in 10 Exhibit "A" hereinafter referred to as "Easement Area" . The 11 easement is granted to the District subject to the terms and 12 conditions of this agreement. 13 14 Grantor understands that Grantor has the right to require the 15 District to have the easement appraised and to receive just 16 compensation based on an approved independent appraisal. However, 17 as an inducement to District to undertake its public improvement 18 project, Grantor waives all rights under Sections 7267 .1 and 7267.2 19 of the California Government Code and agrees to donate the required 20 easement for the project. 21 22 As consideration for Grantor's donation of the required easement 23 to the District, District hereby waives the frontage fee normally 24 applicable to the sewer line contemplated by this construction 25 project. This waiver of the frontage fee shall run with the land 26 and will apply to any subsequent owner of the subject property; 27 there is no time limit to this waiver. 28 29 District shall indemnify and save harmless, Grantor, its officers, 30 agents, and employees from and against all claims, demands, loss, 31 or liability of any kind or nature which Grantor, its officers, 32 agents, or employees may sustain or incur or which may be imposed 33 upon them or any of them for injury to or death of persons, or 34 damage to property as a result of, arising out of, or in any manner 35 connected with the rights herein granted, or with the use of the 36 Easement Area by District, its officers, agents, employees, or 37 invitees. 38 39 As additional consideration, District shall provide to Grantor, 40 within 90 days of this agreement, an appraisal report prepared by 41 an independent MAI appraiser identifying the value of the property 42 rights donated to the District by this agreement.. 43 44 Grantor hereby grants to District, a Right of Entry to enter upon 45 that portion of property identified as "construction area" on the 46 approved construction plans for the City of Yorba Linda's "E04PO4- 47 Palm Avenue Storm Drain Project" . The Right of Entry granted 48 herein (which extends beyond the permanent easement area) is valid 49 inasmuch as the sewer is constructed concurrent with the 50 construction of the E04PO4 Storm Drain Project. This right to 51 enter shall terminate 90 days from the start of construction on 52 Grantor's property. Page 1 of 2 1 2 Access by the District and its employees and agents and their 3 vehicles to the Easement Area and the temporary construction 4 easement shall be over Mickel Lane. During construction of the 5 project, the District employees and agents and their vehicles shall 6 be located at all times within the temporary construction area, and 7 they shall at all times use their best efforts not to interfere 8 with Grantor's use of its property. 9 10 The terms and conditions stated herein shall apply to and bind the 11 heirs, executors, administrators, assigns and successors of the 12 parties hereto. 13 14 This agreement is the entire agreement between the parties and all 15 prior negotiations, representations and agreements are incorporated 16 and merged into this Agreement. Grantor expressly acknowledges 17 that the consideration to be received as specified in this 18 agreement represents full settlement between the parties hereto of 19 any and all claims to which Grantor may be entitled by reason of 20 the acquisition of the real property described herein and 21 construction of the planned sewer improvements in the manner 22 . proposed by District, including, but not limited to, the fair 23 market value of said real property, severance damages, if any, the 24 value of improvements pertaining to the realty, if any, just 25 compensation for the loss of goodwill, if any, and the costs, 26 disbursements, and expenses incurred in connection with the 27 acquisition of the property described herein and improvements 28 pertaining to the realty, if any. 29 30 IN WITNESS WHEREOF, this Agreement is executed this day of 31 1990 32 33 GRANTOR: 34 .4000 35 � . 36 /41.Li.d 37 Sement E. Lieber Gerry . Lieber 38 39 40 DISTRICT: Yorba Linda Water District 41 42 43 By: By: 44 45 46 APPROVED AS TO FORM: RECO I NDED FOR EXECUTION: 47 48 59 50 District's Attorney Agent Page 2 of 2 DEED OF EASEMENT CLEMENT E. LIEBER and GERRY E. LIEBER, husband and wife land In Orange County, California, forOWNER(s) of the hereinafter described strip(s)of acknowledged, do hereby grant to Yorba andana valuable ter consideration, apublic mp receiptofwhich hereby its successors, exclusive perpetual easements In, on, over and across said strip(s)of nand oto instal, construct, reconstruct, remove and construct parallel lines, Inspect, maintain, erak Improve, relocate and remove a pipeline or pipelines with Incidental appurtenances and �e, on and under said strip(s)of land and to use said pipeline or pipelines, ' ns for distribution and use of water for Irrigation and domestic appurtenances cocollennections and transmission of waste water, storm water and/or sewage, purposes, andeInor the rights of any to said strip(s) of land for the exercise of the rights hereingranted � reasonable of entry Grantors for themselves and their successors in ownership of said strip(s) of land hereby aclutowledge that use of any pan or al of said 'triple), or the adjoining lands for fences, structures, trees and other things now and hereafter on any pan of said strip(s) constituting an interference with the exercise of any of the easements and rights granted by this deed exist and will continue to exist by permission of the Yorba Linda Water District and its successors, and not adversely to any of said easements and each successor in Interest of the granters by acceptance of a conveyance of said strip(s) of land, admits and agrees that any such use is a continuing permissive use. Said strip(s) of land Is (are)descrbed as follows: That portion of Parcel 2 of Parcel Map recorded in book 47, page . 30 of Parcel Maps in the Office of the County Recorder of Orange County, California, lying within a strip of land 15.00 feet wide, the Easterly line of said strip being the Westerly line of the existing 20.00 foot wide storm drain easement conveyed to the City of Yorba Linda in Parcel A of Easement Deed recorded April 3, 1990 as Document No. 90-172668 of Official Records, in the Office of • said County Recorder, said line being described as follows; Beginning at a point on the Southerly line of said Parcel 2, said point being Easterly, as measured along said Southerly line, a distance of 166.72 feet from the Southwest corner of said Parcel 2; Thence North 01.11'34" East a distance of 7.00 feet to the beginning of a curve concave Easterly and having a radius of 100.00 feet; Thence Northerly along said curve through a central angle of 24.25'48" an arc distance of 42.64 feet to the beginning of a reverse curve concave Westerly and having a radius of 80.00 feet; Thence Northerly along said reverse curve through a central angle of 25'37'22" an arc distance of 35.78 feet; Thence "North" a distance of 86.14 feet to the Northerly line of said Parcel 2 and the terminus of this line description; Attached hereto and made a part of this Legal Description is a plat designated as Exhibit A. This Legal Description and Plat were prepared by me or under my supervision on June 14, 1.990. SEpLAND SU Er c A. Ne son ����G A NE�st7`��� 4. ti Attachment to P.L.S. 5563 No.5563 * Right of W a y Exp. V93 �lalFOFCALTIFO_" P Agreement • W1TNESS,(my)(our)hand(s)the dais folloWAng our signatures below:(If a corporation,the corporate seal shal be affixed near the signatures of the duly authorized officers). (AU.SIGNATURES SHALLBE NOTARIZED) BY Clement E. Lieber Date BY Gerry E. Lieber Date By Date BY Date BY Date BY Date BY Date • BY Date BY Date By Date By ate • By Date CERTIFICATE OF ACCEPTANCE This Is to certify that the interest In mai property conveyed by the Deed or Grant, dated 19 .from to Yorba Linda Water District. a public corporation and/or governmental agency le hereby accepted by order of the Board of Directors on .19 and the grantee consents to recordation thereof by Its duly authorized officer. DATED BY Attachment to General Manager YORBA LINDA WATER DISTRICT Right of W a y Deed/Eng/1-8g Agreement . EXHIBIT A Nil r SCALE: 1"=50' N'LY UNE PARCEL 2 uJ D 1-5-J7L-11 z Z . PAA CAL 2 a 0 co I f` froa. A ° L ° ?• � Nfoc • cap W'LY UNE �'1- rcb i M z EXIT. 20' WIDE 246 z* . J. ercit F F �J SD EASEMENT a o w LA._ Z m X11 S Z / 0,..„W O w 3 • a i fl (4.,V LY S'LY UNE PARCEL 2 166.72' , S88'499''14 14"E 7.00' [S89'43'37"E] P.O.B. N0111'34-E \ SW COR. PARCEL 2 0 A R L . NOTE: 1 24'25'48" 100.00' 42.64' ALL DATA SHOWN HEREON IS 2 25'37'22' 80.00' 35.78' DERIVED FROM RECORD BASIS OF BEARINGS: ASSUMED "NORTH" FOR THE Q OF PALM AVE. DENOTES AREA TO BE ACQUIRED [ ] PARCEL MAP 47-30 AREA = 2500 SQ. FT. AP NO. 323-421-01 Attachment to YORBA LINDA WATER DISTRICT BS Consuitmts, Inc. ORCHARD SUB—TRUNK NO. 5 Right of Way 2001 E. FIRST ST. SUM 104 OWNER: UEBER SANTA ANA, CA 02706 (714) a88-7300 DATE DRAWN BY SHEET Agreement 6-14-90 S.K.V. I OF 1 • DEED OF EASEMENT • CLEMENT E. LIEBER and GERRY E. LIEBER, husband and wife OWNER(s) of the hereinafter described strip(s) of land in Orange County, California, for good and valuable consideration, receipt of which iS hereby acknowledged, do hereby grant to Yorba Linda Water District, a public corporation, and its successors, exclusive perpetual easements in, on, over and across said strip(s) of land to. install, • construct, reconstruct, remove and construct parallel lines, Inspect, maintain, repair, replace, improve, relocate and remove a pipeline or pipelines with Incidental appurtenances and connections. in, on and under said strip(s) of land and to use said pipeline or pipelines, appurtenances and connections for distribution and use of water for irrigation and domestic purposes, and for the collection and transmission of waste water, storm water and/or sewage, together with reasonable rights of entry to said strip(s) of land for the exercise of the rights herein granted. Grantors for themselves and their successors in ownership of said strip(s) of land hereby acknowledge that use of any part or all of said strip(s), or the adjoining lands for fences, structures, trees and other things now and hereafter on any part of said strip(s) constituting an interference with the exercise of any of the easements and rights granted by this deed exist and will continue to exist by permission of the Yorba Linda Water District and its successors, and not adversely to any of said easements and each successor In Interest of the granters by acceptance of a conveyance of said strip(s) of land, admits and agrees that any such use Is a continuing permissive use. Said strip(s) of land is (are) described as follows: That portion of Parcel 2 of.Parcel Map recorded in book 47, page 30 of Parcel Maps in the Office of the County Recorder of Orange County, California, lying within a strip of land 15.00 feet wide, the Easterly line of said strip being the Westerly line of the existing 20.00 foot wide storm drain easement conveyed to the City of Yorba Linda in Parcel A of Easement Deed recorded April 3, 1990 as Document No. 90-172668 of Official Records, in the Office of • said County Recorder, said line being described as follows; Beginning at a point on the Southerly line of said Parcel 2, said point, being Easterly, as measured along said Southerly line, a distance of 166.72 feet from the Southwest corner of said Parcel 2; Thence North 01°11'34" East a distance of 7.00 feet to the beginning of a curve concave Easterly and having a radius of 100.00 feet; Thence Northerly along said curve "through a central angle of 24°25'48" an arc distance of 42.64 feet to the beginning of a reverse curve concave Westerly and having a radius of 80.00 feet; Thence Northerly along said reverse curve through a central angle of 25°37'22" an arc distance of 35.78 feet; Thence "North" a distance of 86.14 feet to the Northerly line of said Parcel 2 and the terminus of this line description; Attached hereto and made a part of this Legal Description is a plat designated as Exhibit A. This Legal Description, and Plat were prepared by me or under my supervision on June 14, 1990. pLAND SU� A NE-4'J, `O0 Eric A. Nelson P.L.S. 5563 No. 5563 Exp.q . 93 �l41eCALIFNik\k WITNESS,(my)(our)hand(s)the date following our signatures below:(If a corporation,the corporate seal shall be affixed near the signatures of the duly authorized officers). (ALL SIGNATURES SHALL BE • NOTARIZED) • /ler 41111 B _. A kAd►�. 7— ZS"-9� ►.le t E, ebe Date By (a. - Gerry/E. Lieber Date • By Date By • Date CAT.NO.NN00627 TO 1944 CA(9-641 J TICOR TITLE INSURANCE13 (Individual) STATE OF CALIFORNIA 1 COUNTY OF DRA/UCE } ss. tOn -Tut)/ z S, /990 before me, the undersigned, a Notary Public in and for said State,personally appeared CLEr1FNT- 6. LIE.13E2 ANA GrRRI X , personally known to me or H i proved to me on the basis of satisfactory evidence to be 5 the persons whose name•F Aft subscribed to the w �r OffIC11{L SEALi within instrument and acknowledged that T � M/ exe- •, 1 �• RAYMOND S.ARMSTRONG cured the same. ! 1 j NOTNKr~ .Causoaa •, • PRINCIPAL ORrE N 1 � WITNESS my hand and ficial seal. ,,x' ' mewaowrr •nun,, fes Winks fa kr.t 1111 Signature (This arca for official notarial seal) • • By Date • • CERTIFICATE OF ACCEPTANCE This is to certify that the Interest In real property conveyed by the Deed or Grant, dated 19 .from to Yorba Linda Water District, a public corporation and/or governmental agency Is hereby accepted by order of the Board of Directors on .19 , and the grantee consents to recordation thereof by Its duly authorized officer. • DATED BY General Manager YORBA LINDA WATER DISTRICT Deed/Eng/1-89 EXHIBIT A 11111 . SCALE: 1"=50' N'LY LINE PARCEL 2 W D �� A71-I LL, a PARCEL Cr Q r\ to (CO 1 m a r)�(J r co ? o w I o � J\r I F-Q OQ) 0-' W'LY LINE u'F. °i I M J • z r�? EXIT. 20' WIDE o Z cf Q C SD EASEMENT + w o m — f41 0 0<0 w e /1f © ! Nwoce Q w ir4/ n 40 a S'LY LINE PARCEL 2 / te \ 166.72' S88'49'14"E 7.00' [S89'43'37"E] P.O.B. N01'11'34"E SW COR. PARCEL 2 O A R L NOTE: 1 24'25'48" 100.00' 42.64' ALL DATA SHOWN HEREON IS 2 25'37'22" 80.00' 35.78' DERIVED FROM RECORD BASIS OF BEARINGS: ASSUMED "NORTH" FOR THE Q OF PALM AVE. [ ] PARCEL MAP 47-30 ` J DENOTES AREA TO BE ACQUIRED AREA = 2500 SQ. FT. '_ I AP NO. 323-421-01 I YORBA LINDA WATER DISTRICT BSI Consultants, Inc. ORCHARD SUB—TRUNK NO. 5 2001 E. FIRST ST. SUITE 104 OWNER: LIEBER SANTA ANA, CA 92705 I (714) 568-7300 DATE DRAWN BY SHEET 6-14-90 S.K.V. 1 OF 1 1 2 RIGHT OF WAY AGREEMENT 3 AND RIGHT OF ENTRY 4 5 6 7 THIS AGREEMENT is made by and between the Yorba Linda Water 8 District (hereinafter called District) and Stanley and Arleen 9 Kaller (hereinafter called Grantor) for the District's acquisition 10 of an easement (attached) covering certain real property described 11 in Exhibit "A" hereinafter referred to as "Easement Area". The 12 easement is granted to the District subject to the terms and 13 conditions of this agreement. 14 15 Grantor understands that Grantor has the right to require the 16 District to have the easement appraised and to receive just 17 compensation based on an approved independent appraisal. However, 18 as an inducement to District to undertake its public improvement 19 project, Grantor waives all rights under Sections 7267.1 and 7267.2 20 of the California Government Code and agrees to donate the required 21 easement for the project. 22 23 As consideration for Grantor's donation of the required easement 24 to the District, District hereby waives the frontage fee normally 25 applicable to the sewer line contemplated by this construction 26 project. This waiver of the frontage fee shall run with the land 27 and will apply to any subsequent owner of the subject property; 28 there is no time limit to this waiver. 29 30 District shall indemnify and save harmless, Grantor, its officers, 31 agents, and employees from and against all claims, demands, loss, 32 or liability of any kind or nature which Grantor, its officers, 33 agents, or employees may sustain or incur or which may be imposed 34 upon them or any .of them for injury to or death of persons, or 35 damage to property as a result of, arising out of, or in any manner 36 connected with the rights herein granted, or with the use of the 37 Easement Area by District, its officers, agents, employees, or 38 invitees. 39 . 40 As additional consideration, District shall provide to Grantor, 41 within 90 days of this agreement, an appraisal report prepared by 42 an independent MAI appraiser identifying the value of the property 43 rights donated to the District by this agreement. 44 45 Grantor hereby grants to District, a Right of Entry to enter upon 46 that portion of property identified as "construction area" on the 47 approved construction plans for the City of Yorba Linda's "E04PO4- 48 Palm Avenue Storm Drain Project" . The Right of Entry granted 49 herein (which extends beyond the permanent easement area) is valid 50 inasmuch as the sewer constructed concurrent with the 51 construction of the E04 4 Storm Drain Project. This right to 52 enter shall terminate 0 days from the start of construction on b Page 1 of 2 1 Grantor's property.. 2 3 Access by the District and its employees and agents and their 4 vehicles to the Easement Area and the temporary construction 5 easement shall be over a private driveway along the North boundary 6 of Grantors property. During construction of the project, the 7 District employees and agents and their vehicles shall be located 8 at all times within the temporary construction area, and they shall 9 at all times use their best efforts not to interfere with Grantor's 10 use of its property. 11 12 The terms and conditions stated herein shall apply to and bind the 13 heirs, executors, administrators, assigns and successors of the 14 parties . hereto. 15 16 This agreement is the entire agreement between the parties and all . 17 prior negotiations, representations and agreements are incorporated 18 and merged into this Agreement. Grantor expressly acknowledges 19 that the consideration to be received as specified in this 20 agreement represents full settlement between the parties hereto of 21 any and all claims to which Grantor may be entitled by reason of 22 the acquisition of the real property described herein and 23 construction of the planned sewer improvements in the manner 24 proposed by District, including, but not limited to, the fair 25 market value of said real property, severance damages, if any, the 26 value of improvements pertaining to the realty, if any, just 27 compensation for the loss of goodwill, if any, and the costs, 28 disbursements, and expenses incurred in connection with the 29 acquisition of the property described herein and improvements 30 pertaining to the realty, if any. 31 32 IN WIT SS WHEREOF, this Agreement is executed this day of 33 � 1990 34 35 GRAN •R: it" 37 ' _ l / fai - 39 4; 'ey A. , alley A leen E. KalIer 40 41 42 DISTRICT: Yorba Linda Water District 43 44 45 By: By: 46 47 48 APPROVED AS TO FORM: RECOMMENDED FOR EXECUTION: 4950 -- ------7±� 51 52 District's Attorney gent Page 2 of 2 STANLF.Y • A. KALLER and ARLEEN R. KALLER, husband and wife OWNER(,) of the hereinafter descrloed strip(s) of land in Orange County, California, for good and valuable consideration, receipt of which is hereby acknowledged, do hereby grant to Yorba Linda Water District, a public corporation, and its successors, exclusive perpetual easements In, on, over and across said strip(s) of land to install, • construct, reconstruct, remove and construct parallel lines, Inspect, maintain, repair, replace, improve, relocate and remove a pipeline or pipelines with incidental appurtenances and connections. in, on and under said strip(s) of land and to use said pipeline or pipelines, appurtenances and connections for distribution and use of water for Irrigation and domestic purposes, and for the collection and transmission of waste water, storm water and/or sewage, together with reasonable rights of entry to said strip(s) of land for the exercise of the rights herein granted. Grantors for themselves and their successors in ownership of said strip(s) of land hereby acknowledge that use of any pan or all of said strip(s), or the adjoining lands for fenced, structures, trees and other things now and hereafter on any pan of said strips) constituting an interference with the exercise of any of the easements and rights granted by this deed exist and will continue to exist by permission of the Yorba Linda Water District and Its successors, and not adversely to any of said easements and each successor In Interest of the granters by acceptance of a conveyance of said strip(,) of land, admits and agrees that any such use is a continuing permissive use. Said strip(s) of land Is (are) described as follows: • • The Westerly 15.00 feet of the Easterly 35.00 feet of the Westerly 204.54 feet, as measured along the Northerly line of the land in the City of Yorba Linda, County of Orange, State of Col if rcalshown as "PARCEL" on a map recorded in 'book 47, page s in the Office of the County Recorder of said County. Attached hereto and made a part of this Legal Description is a plat designated as Exhibit A. This Legal Description and Plat were prepared by me or under my supervision on June 14, 1990. Cv^:114-'14.4,015L11—'-- Eric A. Nelson P.L.S. 5563 c.•ap �:�� -1�(‘ � Attachment to * No.15.5�633�3 * Right of Way sE�G..' ! Agreement NOTARIZED) By __,.i..v,_ //,-196-- ; /! an ey a er Data BY Arleen R. Kaller Date By Date By Date BY Date By Date By Date • • By Date By Date By Date • BY Date BY Date CERTIFICATE OF ACCEPTANCE This Is to certify that the Interest In real property conveyed by the Deed or Grant,taYorbedLinda Water t g _from District, a public corporation and/or governmental agency le hereby accepted by order of the Board of Directors on tg and the grantee consents to recordation thereof by Its duly authorized officer. Attachment to DATED BY Right of Way General Manager YORBA LINDA WATER DISTRICT Agreement Deed/Eng/I-89 111 E SCALE: 1"=50' NW COR. [N89'43'37"E] N'LY UNE "PARCEL" N88'49'13'W /-PARCEL- 204.54' LLI r� 15' CV-) I o. .J Oc. a. ? z 15' m 'PAR CEL' W 2 D -r NOTE: ALL DATA SHOWN HEREON •IS DERIVED FROM RECORD. DENOTES AREA TO BE ACQUIRED ASSUMED BASIS OF BEARINGS IS PARCEL A 2420 SQ. FT. "NORTH" FOR THE f OF PALM AVE. [ ] PARCEL MAP 47-30 AP NO. 323-421-02 Attachment to YORBA LINDA WATER DISTRICT Right of W a y BSI Conwltont , Inc. ORCHARD SUB-TRUNK NO. 5 soon E. nRST n. OWNER: KALLER Agreement SIASANTA104 AANA, CA 92705 DATE I DRAWN BY I SHEET 1 (714) 56e-7300 8-14-90 S K.V. 1 1 DEED OF EASEMENT STANLEY A. KALLER and ARLEEN R. KALLER, husband and wife • of thed strip(s) of WNE land in Orange County, California, for good and valuable cosnside atiohn renafter receipt descof wrhich is hereby acknowledged, do hereby grant to Yorba Linda Water District, a public corporation, and its successors, exclusive perpetual easements In, on, over and across said strip(s) of land to install, construct, reconstruct, remove and construct parallel lines, Inspect, maintain, repair, replace, improve, relocate and remove a pipeline or pipelines with Incidental appurtenances and connections. in, on and under said strip(s) of land and to use said pipeline or pipelines, appurtenances and connections for distribution and use of water for irrigation and domestic purposes, and for the collection and transmission of waste water, storm water and/or sewage, together with reasonable rights of entry to said strip(s) of land for the exercise of the rights herein granted. Grantors for themselves and their successors in ownership of said strip(i) of land hereby acknowledge that use of any part or all of said strip(s), or the adjoining lands for fences, structures, trees and other things now and hereafter on any pan of said strip(s) constituting an interference with the exercise of any of the easements and rights granted by this deed exist and will continue to exist by permission of the Yorba Linda Water District and its successori, and not adversely to any of said easements and each successor In Interest of the granters by acceptance of a conveyance of said strip(s) of land, admits and agrees that any such use is a continuing permissive use. Said strip(s) of land Is (are) described as follows: • • The Westerly 15.00 feet of the Easterly 35.00 feet of the Westerly 204.54 feet, as measured along the Northerly line of the land in the City of Yorba Linda, County of Orange, State of Californa shown as "PARCEL" on a map recorded in book 47, page 30 of Parcel Maps in the Office of the County Recorder of said County. • Attached hereto and made a part of this Legal Description is a plat designated as Exhibit A. • This Legal Description and Plat were prepared by me or under my supervision on June 14, 1990. Eric A. Nelson P.L.S. 5563 Sip 12,ND c,.ti�`• .-(3`(01 J \v p. Nc(sO fc No, x5556633 tP Exp. Lit l:At_.• WITNESS,(my)(our)hand(s)the date following our signatures below:(If a corporation,the corporate seal shall be attired near the signatures of the duly authorized officers). (ALL SIGNATURES SHALL BE NOTARIZED) By7- r 7-2s 10 // Date BY /, I m00% 7- rleen R. Kaller x`'90 Date By Date By CAT.NO.NN00627 • TO 1944 CA(9-841 (Individual) J TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF ( ,W6 On Say 2.5, 1990 before me, the undersigned, a Notary Public in and for i said State,personally appeared STAN A, KALLEJ a,nn A(zl•I:tr nl 72. I< ALLE, , personally known to me or i proved to me on the basis of satisfactory evidence to be i the person&whose name p ARE subscribed to the . "' _ 1 within instrument and acknowledged that THE✓ exe- cuted ornciAL cuted the same. f "��ap 11� RAYMOND S.ARMSTRONG •••°,,Y. NOTARY Pu6UC• IN NIA WITNESS my hand and tial seal. • .V PBINCIPQ OFFICE IN l i ORANGE J 111 Conunmoa fa0.Ata.9.1993 Signature (This area for official notarial seal) coy Date By Date • CERTIFICATE OF ACCEPTANCE This is to certify that the Interest in real property conveyed by the Deed or Grant, dated 19 .from to Yorba Linda Water District, a public corporation and/or,governmental agency Is hereby accepted by order of the Board of Directors on .19 . and the grantee consents to recordation thereof by Its duly authorized officer. DATED BY General Manager YORBA LINDA WATER DISTRICT Deed/Eng/1-89 . EXHIBIT A • SCALE: 1"=50' NW COR. [N89'43'37"E] N'LY LINE "PARCEL" N88'49'13"W "PARCEL" 204.54' - • r? 15' Z e a 35' �0- f r ,r J 0- 0 c.,J a. ZZ Q n 15' — m "PAR CEL" 0 W Vl • U Q � NOTE: ALL DATA SHOWN HEREON IS DERIVED FROM RECORD. DENOTES AREA TO BE ACQUIRED ASSUMED BASIS OF BEARINGS IS PARCEL A =2420 SQ. FT. "NORTH" FOR THE OF PALM AVE. [ ] PARCEL MAP 47-30 AP NO. 323-421-02 YORBA LINDA WATER DISTRICT BSI Consultants, Inc. ORCHARD SUB—TRUNK NO. 5 2001 E. FIRST ST. OWNER: KALLER SUITE 104 SANTA MA, CA 92705 DATE DRAWN BY SHEET (714) 508-7300 6-14.90 S.K.V. 1 of 1 AGENDA REPORT • 1r DATE: August 9, 1990 TO: President and Members of the Board FROM: Michael J. Robinson, Assistant Administrator SUBJECT: Independent Special Districts of Orange County Opinion Survey PURPOSE To request Board input on ISDOC Opinion Survey. ANALYSIS ISDOC has sent the District a survey containing five questions relating to special district representation on LAFCO and future ISDOC activities. The questions are: 1 . Do you support action to obtain two special district seats on LAFCO? 2. Would any Board members actively participate by contacting city council members or county supervisors? t,7, 3. Would you favor the preparation of a report by a professional consultant: a. Justifying special district representation on LAFCO? b. Identifying the need for special district services versus city take-over? yes 4. Would your district consider financing a portion of such studies? ".(;.5 5. What other activities should ISDOC become involved with? O2/2O;`/ ISC,206_I'+�(f�s, (0 l,.�� 1 -�. , i .. .' FISCAL IMPACT l f:^;712 -'1:4 ' r No fiscal impact. ter CONCLUSION Staff will prepare and forward a letter to ISDOC expressing the District's position on these issues at the direction of the Board of Directors. Prepared by: Submitted by: // r Michael J. Robinson William J. Robertson Assistant Administrator Acting General Manager • AGENDA REPORT DATE: August 9, 1990 TO: President and Members of the Board FROM: William J. Robertson, Acting General Manager/Secretary SUBJECT: Plant No. 1 Master Plan— Phase II report. PURPOSE: To request the Board of Director's review the Draft Plant No. 1 Master Plan — Phase II report and offer further input to staff. ANALYSIS: On March 21 , 1990 the Board authorized a contract with ASL Consulting Engineers for preparation of Phase II of the Plant No. 1 Master Plan report. The consulting engineers have completed a draft report and are now submitting it for Board review. Here, in summary are the major points in the Plant No. 1 Master Plan: • A figure and table identifying all of the present above ground improvements. • A figure and description of improvements adjacent to the District's Plant No. 1 site. • A table identifying twenty-nine (29) proposed Plant No. 1 facility improvements and their space requirements. • Description of four alternative site improvements. The objective of each alternative was to incorporate the required facilities in a manner which would allow for efficient use of the present 8 acre site. Each alternative allocates space and makes provisions for the proposed improvements, and provides convenient access and smooth vehicle flow in and around the facility. In addition, consideration was given to the possible development and/or disposition of potentially developable acreage with the assurance that sufficient land had been identified, and allocated, for all of the District's future facility requirements. Lastly, each alternative presumes that Mira Loma Avenue will eventually be extended across the Plant No. 1 site. 1. Alternative No. 1 . This alternative incorporates all of the proposed improvements in a 4.03 acre area thus leaving approximately one-third of the westerly portion of the site as potentially available for private development. Water well No. 10 in the southwest corner, and No. 12 in the northwest corner of the site are on separate lots and isolated from the main portion of the Plant. Under this alternative the District would develop the potentially developable acreage. The estimated total cost to demolish existing facilities and construct the proposed improvements is $3.05 million. The total cost to develop the potentially developable acreage is $6.21 million for a total cost for Alternative No. 1 of $9.25 million. Possible earnings on the sale of potentially developable acreage are estimated at approximately $10.61 million. 2. Alternative No. 2. This alternative compresses all of the proposed improvements in easterly one-third of the site and retains a 75 foot easement along the north and west property lines for access to water well No. 10 and No. 12. In addition, a grit separator and wash rack are relocated from the easterly portion of the site to the 75 easement at the far westerly end of the site. The potentially developable acreage lies in the middle one-third of the existing site. Under this alternative the District would complete development of the potentially developable acreage. The estimated total cost to demolish existing facilities and construct new proposed improvements is $3.35 million. The total cost to develop the potentially developable acreage is $6.64 million for a total cost for Alternative No. 2 of $9.99 million. Possible earnings on the sale of potentially developable acreage are estimated at approximately $10.46 million. 3. Alternative No. 3. This alternative incorporates all of the proposed improvements as shown in Alternative No. 1 as well as the 75 foot easement shown in Alternative No. 2. There are approximately 2.3 acres of potentially developable land in the middle one-third of the existing site. Under this alternative the District would not undertake any development but instead sell, • or lease the potentially developable acreage. The estimated total cost to demolish existing facilities and construct new proposed improvements is $3.05 million. The estimated total cost for the potentially Ldevelopable acreage is $325,000 for a total estimate cost for Alternative No. 3 of $3.37 million. Possible earnings on the sale of potentially developable acreage are estimated at approximately $2.22 million. 4. Alternative No. 4. This alternative is similar to Alternative 3 except that some of the facility improvements are shown in different, optional locations. The estimated total cost to develop the site and earnings are also similar to Alternative 3. Representatives from ASL Consulting Engineers will make a full presentation of the draft report with the,express purpose of soliciting input from the full Board, at the August 9, 1990 Board meeting. Upon completion and acceptance of the Phase II report, final renovation costs will be determined and a financial plan will be developed. The first draft of the Plant No. 1 Master Plan — Phase II report was reviewed at the Planning-Engineering-Operations Committee's June 27th meeting. FISCAL IMPACT: Costs for preparation of the Plant No. 1 Master Plan — Phase II were included in the adopted 1990-91 Budget. CONCLUSION: It is recommended that the Board of Directors review the Plant No. 1 Master Plan - Phase II and offer further advice to staff. Prep red and submitted by: 9 1 ii/ - ________ _ _- William J. Robertson Acting General Manager • AGENDA REPORT S, ;n� 7 DATE: August 9, 1990 TO: President and Members of the Board FROM: Cheryl Gunderson, Business Manager SUBJECT: Payment of Bills PURPOSE: To request Board approval of payment of bills as presented. ANALYSIS: This billboard includes the reimbursement to A.W. Associates in the amount of $446,327.09 which was approved by the Board at their last meeting. Also included is a check to MWDOC for June's imported water purchases in the amount of $268,192.40 and the semi-annual sublease payment for the AMP pipeline in the amount of $93,150.00. The remaining invoices and refunds are routine in nature. Payroll totals $75,084.97. FISCAL IMPACT: The invoices, refunds and payroll total $977,018.83 which by fund is distributed as follows: Water $441 ,598.52 Sewer 10,724.35 ID #1 498,129.78 ID #2 26,566.18 CONCLUSION: It is recommended that the Board of Directors approve payment of the bills for $977,018.83 as presented. Prepared by: Submitted by: fc), // i ,/ .r pry Cheryl ' Gunder.n William J. ' •bertson Busin,. : Man-•T•r Acting General Manager YORBA LINDA WATER DISTRICT PERIOD 07-27-90 - 08-09-90 MONTHLY CHECK REGISTER CHECK. . . CHECK VENDOR NAME CHECK AMT DATE NO 07-27-90 5661 JIC WORKSHOP 30. 00 07-27-90 5665 BARBARA BOWER 66. 41 07-27-90 5666 JOE KISS 75. 00 • .a.* 171. 41 08-01-90 0999 WORTHINGTON CONSTRUCTION 556. 00 08-01-90 0999 WORTHINGTON CONSTRUCTION -556. 00 *** 0: 00 • 08-08-90 5996 A .W ASSOCIATES NO 3 446327. 09 08-08-90 5996 A W ASSOCIATES NO 3 -446327. .09 .tt..tt.* 0. 00 08-09-90 6088 A W ASSOCIATES NO 3 446327.09 08-09-90 6089 ABBEY'S ANSWERING 100. 00 08-09-90 6090 ABIGAIL ABBOTT TEMP. 995. 35 08-09-90 6091 ACCOUNTANTS OVERLOAD 2940. 00 08-09-90 6092 ACWA 0. 00 • 08-09-90 6093 ALERT OF VENTURA 48. 00 08-09-90 6094 AMICK CONSTRUCTION 1312. 50 08-09-90 6095 BADGER METER INC. 5667: 38 08-09-90 .6096 BANK OF AMERICA NT & SA 410. 55 08-09-90 6097 BOB SHARP . 16. 58 00-09-90 6098 BREA STATIONERS 48. 71 08-09-90 6099 BSI CONSULTANTS, INC. 2465.00 ' 08-09-90 6100 CALIF. WHEEL & TIRE 16. .94 08-09-90 6101 CAPIO 60. 00 08-09-90 6102 CITY OF ANAHEIM 15140. 96 08-09-90 6103 CITY OF PLACENTIA 29. 57 08-09-90 6104 CLEMENT COMMUNICATIONS 59. 90 08-09-90 6105 CLOW VALVE CO. 131. 65 08-09-90 6106 CONTINENTAL AIR TOOL, INC. 172. 66 08-09-90 6107 CONTINENTAL CHEMICAL CO. 447. 05 08-09-90 6108 DENNIS VAN LEEUWEN 5. 82 08-09-90 6109 DIETZ HYDROSEEDING 645. 28 08-09-90 6110 DONALD LOEWELL 10. 29 08-09-90 6111 DORAN STATIONERS 264. 62 08-09-90 6112 DWIGHT ROSS 31. 76 08-09-90 6113 EISEL ;ENTERPRISES 1467. 76 08-09-90 6114 ELECTRO COMPONENTS 485. 87 08-09-90 6115 ERIC LA ROSA 10. 44 08-09-90 6116 FIELDSTONE CO 54. 17 08-09-90 6117 FILTER SUPPLY CO. 559. 83 08-09-90 6118 GALLINI & BROWN 148. 41 08-09-90 6119 GARY F GARGANO 42. 86 08-09-90 6120 GEER 'S TOWING 40. 00 08-09-90 6121 GEME COURSEY 8. 31 08-09-90 6122 GLYN R MORSE 6. 77 08-09-90 6123 HARBOR TRUCK BODIES 11. 32 . YORBA LINDA WATER DISTRICT PERIOD 07-27-90 - 08-09-90 MONTHLY CHECK REGISTER CHECK. . . CHECK VENDOR NAME CHECK AMT DATE NO 08-09-90 .6124 HOWARD'S CHEVRON SERVICE 1035.31 08-09-90 6125 HYDRO-METRIC CORP. 178. 50 08-09-90 6126 INACOMP COMPUTER CENTER 577. 50 08-09-90 6127 INDUSTRIAL CONST. & ELECTRICAL . 1225. 00 08-09-90 6128 JAMES BISSET 12. 61 08-09-90 6129 JAMES MONTGOMERY, 2217. 12 08-09-90 6130 JEFF DOOLEY 14. 60 OB-09-90 6131 KATHY EAGER 72. 58 08-09-90 6132 KNOX . . 145. 30 08-09-90 6133 KOLL CONSTRUCTION 385: 26 08-09-90 6134 LANIER WORLDWIDE, INC. 562. 00 08-09-90 6135 LAURENCE-HOVENIER, INC 497. 80 08-09-90 6136 LEO DAVIS 31. 92 08-09-90 6137 M. ROY KNAUFT 313. 79 08-09-90 6138 MACCO CONSTRUCTORS, INC. 21623. 07 08-09-90 6139 MC CORMICK, KIDMAN & BEHRENS 2996.84 08-09-90 6140 MUNICIPAL WATER DISTRICT 361342. 40 08-09-90 6141 NATIONAL NOTARY ASSOCIATION 69. 95 08-09-90 6142 NOVUS OF SO. CALIFORNIA 35. 00 08-09-90 6143 OFFICE EXPRESS 50. 20 08-09-90 6144 OTTO LABORATORIES, INC 532. 76 08-09-90 6145 PACIFIC BELL 1522. 57 08-09-90 6146 PAUL R. ARMSTRONG 395. 38 08-09-90 6147 PITNEY BOWES 180. 00 08-09-90 6148 POST TOOL ' 150. 61 08-09-90 6149 PRUDENTIAL OVERALL SUPPLY 296. 20 08-09-90 6150 RICHARD MACHLAN JR. 15. 90 08-09-90 6151 RICHARD ZIMMERMAN 35. 46 08-09-90 6177 ROBERT LEONETTI 20. 65 08-09-90 6178 S & I DISTRIBUTORS 1869. 72 . 08-09-90 6179 S & S 6. 32 08-09-90 6180 S & S CONSTRUCTION 15. 90 08-09-90 6181 SADDLEBACK ASSOCIATION 514. 42 OB-09-90 6182 SEN I K .PAINT CO. 344. 76 08-09-90 6183 SO. CALIF. EDISON 2625. 93 OB-09-90 6184 SO. CALIF. GAS CO. 56. 52 08-09-90 6185 STANDARD OFFICE SYSTEMS 2491. 46 08-09-9.0 6186 STATE •BOARD OF EQUALIZATION 55. 14 08-09-90 6187 STERLING FOX 345. 38 08-09-90 6188 STEVE BRINK GENERAL CONTRACTOR 446._42 08-09-90 6189 THE COPY MILL 16. 90 08-09-90 6190 THOMAS TEMPORARIES 326. 40 OB-09-90 6191 TSUNG PING WU 19. 95 08-09-90 6192 U S POSTMASTER 1056.. 96 08-09-90 6193 V B ANDERSON 23. 46 08-09-90 6194 VALLEY CREST LANDSCAPE INC ' 437. 36 08-09-90 6195 VERNON PAVING 25. 90 08-09-90 6196 VIKING OFFICE PRODUCTS 195. 43 08-09-90 6197 VILLA FORD 24. 00 08-09-90 6198 WELLS SUPPLY CO. 476. 53 08-09-90 6199 WESTERN CORPORATE IMAGES 15. 66 08-09-90 6200 WESTERN MUTUAL 41. 33 • YOR8A LINDA WATER DISTRICT PERIOD 07-27-90 - 08-09-90 MONTHLY CHECK REGISTER CHECK. . . CHECK VENDOR NAME CHECK AMT DATE NO 08-09-90 6201 WHIT CROMWELL 100. 00 • 08-09-90 6202 WILLIAM CORLEW 15. 40 0B-09-90 6203 WORTHINGTON CONSTURCTION 556. 00 08-09-90 6204 YORBA LINDA AUTO PARTS 118. 71 • *** 888949. 65 889121.Q6 8O 07-27-90 WIRE ACWA 12812.80 w** 901,933.86 4. t;' 'p, AGENDA REPORT ; 4 DATE: August 9, 1990 TO: President and Members of the Board FROM: Planning-Engineering-Operations Committee SUBJECT: Summary Minutes of the Planning-Engineering-Operations Committee Meeting The Planning-Engineering-Operations Committee held a meeting on August 3, 1990. Present were Paul Armstrong, Roy Knauft, William Robertson, Michael Payne and Reynold Harsma. The following items were discussed by the Committee: 1 . Harold Leasure Project. Michael Payne, Engineering Manager, presented a status report Mr. Leasure's revised grading plan and new pipe layouts. Mr. Payne also reviewed numerous water service options to Mr. Leasure's property and surrounding land. Mr. Payne also reported on a recent meeting with District legal counsel regarding the Blanket Easement and that staff is reviewing a proposal to finance a portion of the on-site water line's installation cost. The Committee reviewed the matter and offered advice to staff. 2. Right-of-way Agreements. Michael Payne, Engineering Manager, reported that the District will need easements across two properties for installation of a new Trunk Sewer line near the intersection of Mickel Lane and Palm Avenue. The Trunk Sewer line is being installed for the benefit of Brighton Homes and Brighton Homes will pay the right-of-way acquisition costs. Mr. Payne also reported that BSI Consultants, the District's acquisition engineer, have prepared easement documents which are currently being review by District legal counsel. The Committee discussed timing of facilities and reimbursement of installation costs to Brighton Homes and offered advice to staff. This matter will be presented for consideration at the Board's August 9th meeting. 3. First Amendment to the 1989 Water Service Agreement. William Robertson, Acting General Manager, reviewed details of the First Amendment to the 1989 Water Service Agreement with the Committee. Mr. Robertson reported: the costs to prepare the Amendment will be paid by the developer; the developer will Deed two reservoir sites with one site for the 4.1 million gallon reservoir currently out to bid and the second for a 7.1 million gallon reservoir expansion if the District needs it; in the event the District needs the site for development of land currently outside District boundaries then the Amendment provide a method for acquisition of the expansion site at a future date; in the event the District does not need the expansion site then it will be quitclaimed to the developer; occupancy of homes is predicated on completion of a combination of permanent and temporary facilities; temporary reservoir storage for W&Z's development is addressed; the District is allowed to build two wells instead of one well; and occupancy of the Fire Station. It was further reported that due to recent vacation schedules, the grand deeds are not available now; however, staff is seeking approval to lock in the Amendments terms and conditions, thus preventing further negotiation by the developer. In addition, approval at this time allows occupancy of the Fire Station by August 10th. The Committee reviewed the details of the Amendment and offered advice to staff. The Amendment will be presented for consideration at the Board's August 9th meeting. 4. Radio Antenna Agreement. William Robertson, Acting General Manager and Michael Payne, Engineering Manager, reviewed the monthly lease amount specified in the proposed Radio Antenna Agreement and discussed possible amendments similar to the present agreement structure. The Committee reviewed the matter in detail and the members had differing opinions on making a change. The staff will review the matter in more detail and present it to the Board for futher consideration. 5. Eastlake Homeowners Association. William Robertson, Acting General Manager, reported on an August 1st meeting with representatives of the Eastlake Homeowners Association (HOA) concerning water supply to the lake, and condition of their water well. Mr. Robertson reported that currently the water well is not operational. In addition, when the HOA attempted to fix the well's pipeline but were turned away by the Railroad company because they did not have a valid permit and the railroad will not issue a permit to the HOA because the HOA cannot meet the liability requirements. The HOA is negotiating with the developer for acquistion of the water well, water rights and pipeline facilities but are stalled over who will insure the railroad's extreme liability clause in the permit. The next meeting between the HOA and developer is scheduled for August 24, 1990.. Mr. Robertson also reported that the HOA would prefer to use their own water well for a variety of economic and operational reasons. In addition, the HOA fully understands the District's position regarding supply during the drought, and current and future supply problems to the lake. In conclusion, a variety of options were discussed including a possible District offer to take over operation and maintenance of the water well supplying the lake and development of a District wide policy regarding limits on water supply to all lakes in the District in the event mandatory rationing is imposed in the future. In addition, the Committee discussed mailing a letter to the HOA outlining the supply problems, urging them to use their water well for supply to the lake and put them on notice that in the event of mandatory rationing is imposed then District supply;to the lake may be severely restricted.