HomeMy WebLinkAbout2009-05-28 - Board of Directors Meeting Agenda PacketYorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, May 28, 2009, 8:30 AM
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
John W. Summerfield, President
William R. Mills, Vice President
Paul R. Armstrong
Michael J. Beverage
Ric Collett
4. ADDITIONS /DELETIONS TO THE AGENDA
5. PUBLIC COMMENTS
Any individual wishing to address the Board is requested to identify themselves and state the matter on which
they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment
when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited
to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five
minutes.
6. CONSENT CALENDAR
All items listed on the consent calendar are considered to be routine matters, status reports, or documents
covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion.
There will be no discussion on the items unless a member of the Board, staff, or public requests further
consideration.
6.1. Minutes of the Regular Board of Directors Meeting Held May 14, 2009
Recommendation: That the Board of Directors approve the minutes as presented.
6.2. Payments of Bills, Refunds, and Wire transfers
Recommendation: That the Board of Directors ratify and authorize disbursements
in the amount of $860,076.00.
6.3. Progress Payment No. 12 for the Highland Reservoir Replacement Project
Recommendation: That the Board of Directors approve Progress Payment No. 12 in
the net amount of $169,975.99 to Schuler Engineering Corporation and 10%
retention of $18,886.22 deposited to Citizens Business Bank escrow account for
construction of the Highland Reservoir Replacement Project, Job No. 200309.
6.4. Progress Payment No. 24 for the Lakeview Reservoir Project
Recommendation: That the Board of Directors approve Progress Payment No. 24 in
the net amount of $226,472.13 to SSC Construction, Inc. and 5% retention of
$11,919.58 deposited to City National Bank escrow account, for construction of the
Lakeview Reservoir Project, Job No. 200704.
6.5. Financial Statements for Quarter Ending March 31, 2009
Recommendation: That the Board of Directors receive and file the financial
statements for the quarter ending March 31, 2009
6.6. Investment Report for Quarter Ending March 31, 2009
Recommendation: That the Board of Directors receive and file the investment report
for the quarter ending March 31, 2009.
6.7. Damage Claim Filed by Nelda E. Wamsley on Behalf of William C. Wamsley, 5088 Via
Alvarado, Yorba Linda
Recommendation: That the Board of Directors reject the claim.
7. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board discussions are needed prior to
formal Board action.
7.1. Fairmont Site Improvement Agreement with Shapell Industries
Recommendation: That the Board of Directors authorize the President and
Secretary to execute the Facilities Finance, Design and Construction Agreement
with Shapell Industries, Inc. for the Fairmont Site Improvements.
7.2. Frontage Fees for Grandview Sewer Extension
Recommendation: That the Board of Directors authorize a one -time exemption to
the District's Rules and Regulations for Sewer Service and establish an adjusted
frontage fee charge for the Grandview Sewer Extension, in the amount of $15,767.
7.3. 2009 Consumer Confidence Report
Recommendation: That the Board of Directors approve the 2009 Consumer
Confidence Report for distribution to all District customers.
8. DISCUSSION ITEMS
This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the
Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for
which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the
District's interest to discuss these more complex matters at one meeting and consider formal action at another
meeting. This portion of the agenda may also include items for information only.
8.1. Wells Capital Investment Report for the 3rd Quarter of FY 2008/09
Recommendation: This is for information only. No action is required.
8.2. Status of Hidden Hills Reservoir Project
Recommendation: This is for information only. No action is required.
9. REPORTS, INFORMATION ITEMS, AND COMMENTS
9.1. President's Report
9.2. Directors' Reports
9.3. General Manager's Report
9.4. Future Agenda Items and Staff Tasks
10. COMMITTEE REPORTS
10.1. Executive Administrative - Organizational Committee
(Summerfield /Mills) Alternate: Collett
Minutes of meeting held May 21, 4:00 p.m.
Meeting scheduled for June 16, 4:00 p.m.
10.2. Finance - Accounting Committee
(Beverage /Summerfield) Alternate: Mills
Meeting scheduled for June 9, 4:00 p.m.
10.3. Personnel -Risk Management Committee
(Armstrong /Collett) Alternate: Summerfield
Meeting scheduled for June 8, 4:00 p.m.
10.4. Planning- Engineering- Operations Committee
(Mills /Armstrong) Alternate: Beverage
• Meeting scheduled for June 4, 4:00 p.m.
10.5. Public Information - Technology Committee
(Collett /Beverage) Alternate: Armstrong
Minutes of meeting held May 19, 9:00 a.m.
Meeting scheduled for June 2, 4:00 p.m. has been cancelled.
10.6. MWDOC /OCWD Ad Hoc Committee
(Mills /Collett) Alternate: Summerfield
Minutes of meeting held May 26, 4:00 p.m. (to be provided at the meeting).
Meeting scheduled for July 28, 4:00 p.m.
10.7. Revenues and Rates Ad Hoc Committee
(Collet /Mills)
Meeting to be scheduled.
10.8. City of Placentia Ad Hoc Committee
(Beverage /Vecchiarelli)
Meeting scheduled for June 10, 4:00 p.m.
10.9. Citizens Advisory Committee
Meeting scheduled for May 19, 4:00 p.m. was cancelled.
Meeting scheduled for Jun 1, 8:00 a.m.
11. INTERGOVERNMENTAL MEETINGS
11.1. Yorba Linda City Council, May 19 (Armstrong)
11.2. MWDOC Board, May 20 (Staff)
11.3. OCWD Board, May 27 (Staff)
11.4. Yorba Linda Planning Commission, May 27 (Collett)
12. BOARD OF DIRECTORS ACTIVITY CALENDAR
12.1. Meetings from May 29, 2009 thru June 30, 2009
Recommendation: Authorize Directors and such staff members of the District as
approved by the General Manager to attend the listed meetings.
13. ADJOURNMENT
13.1. A Board of Directors workshop meeting will be held June 2, 2009, at 8:00 a.m. The next
regular meeting of the Board of Directors will be held June 11, 2009 at 6:30 p.m.
Items Distributed to the Board Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non - exempt public records that relate to open session agenda items
and are distributed to a majority of the Board less than seventy -two (72) hours prior to the meeting will be available for
public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870,
during regular business hours. When practical, these public records will also be made available on the District's internet
website accessible at http: / /www.ylwd.com /.
Accommodations for the Disabled
Any person may make a request for a disability - related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714 - 701 -3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability - related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
AGENDA REPORT
Meeting Date: May 28, 2009
ITEM NO. 6.1
Subject: Minutes of the Regular Board of Directors Meeting Held May 14, 2009
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Description:
051409 BOD - Minutes.doc 05/14/09 BOD Mtg iiunute
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
May 14, 2009
1. CALL TO ORDER
The May 14, 2009 regular meeting of the Yorba Linda Water District Board of
Directors was called to order by President Summerfield at 6:30 p.m. The
meeting was held at the District's Administrative Office at 1717 E Miraloma Ave,
Placentia CA 92870.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
DIRECTORS PRESENT
John W. Summerfield, President
William R. Mills, Vice President
Paul R. Armstrong
Michael J. Beverage
DIRECTORS ABSENT
Ric Collett
STAFF PRESENT
Ken Vecchiarelli, General Mgr
Pat Grady, Asst General Mgr
Art Kidman, General Counsel
Steve Conklin, Engineering Mgr
Lee Cory, Operations Mgr
Diane Cyganik, Finance Director
Gina Knight, HR Manager
Cindy Botts, Mgmt Analyst
Annie Alexander, Exe Secretary
4. ADDITIONS /DELETIONS TO THE AGENDA
Mr. Vecchiarelli requested to add additional claimants to Item No. 15.2. as there
was a need to take immediate action and the need for action came to the
attention of the District subsequent to the agenda being posted. On a motion by
Director Armstrong, seconded by Director Mills, the Board voted 4 -0 to add the
following claimants to Item No. 15.2.
Claimant: The Hills at Yorba Linda Community Association
Claimants: Einer G. and Rosalinda Lindholm
Claimants: J. Darrell and Kerry Kamm
Claimants: Jim and MaryAnn Buc
Claimants: Doug and Diane Manista
Claimants: Cecilia Ornelas
Jerry and Barbara Sinner
Patrick Diederichs
Mark Schock
Sterling Higgins
Kenneth Tan
Eric Griffith
Dennis Walker
Anne Pivovaroff
Susan Gonzalez
Lana Fisher
Ricardo Ruvalcaba
James Scherler
Luis Montemayor
Jerry Brakebill
Robert Lane
Neemish Patel
Teresa Hulse
Christine Sutton
Laura Warmolts
5. PUBLIC COMMENTS
President Summerfield opened the meeting to public comments.
Mark Schock, resident and President of the Hidden Hills Homeowners Group,
spoke regarding an e-mail he had sent to the General Manager and Board of
Directors. Mr. Schock summarized his correspondence which listed the groups
concerns regarding the fire and security vulnerability of the Hidden Hills Booster
Pump Station and SCADA system. Mr. Schock requested the District work with
the City of Yorba Linda and Metropolitan Water District to allow Hidden Hills
residents to use the access road near the Santiago Reservoir as a second
evacuation route in emergencies. Mr. Schock also requested the District
increase its current water infrastructure codes to provide twice the amount of
water pressure in wildland -urban interface areas.
Julia Schultz, resident, spoke regarding the current water flow in her
neighborhood. Ms. Shultz requested the District test hydrant flows when testing
hydrant pressure on an annual basis.
A resident expressed her concerns regarding the amount of water she would be
able to conserve due to the large garden and landscape area she currently
maintains. She also spoke about the lack of water pressure in her neighborhood
during the Freeway Complex Fire.
6. PUBLIC HEARING
6.1. Ordinance No. 09 -01 Instituting Water Conservation Measures, Prohibition
Against Water Waste and Water Shortage Supply Contingencies
6.2. a. President Opens Public Hearing
President Summerfield opened the public hearing at 6:45 p.m.
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b. Secretary Provides Proof of Public Hearing Notification,
Correspondence and /or Petitions
Mr. Vecchiarelli presented proof of the public hearing notification
and correspondence received regarding the ordinance to the
Board. Mr. Vecchiarelli stated that he had also received written
comments from the Landscape Maintenance Assessment District
Manager for the City of Yorba Linda which would be provided to the
Board.
C. Testimony Beginning with Report by General Manager
Mr. Vecchiarelli provided a brief PowerPoint presentation outlining
the purpose and major points of the ordinance. Mr. Kidman
clarified that the ordinance is regarding water conservation and not
water rationing and would not pose further hardship on residents
currently observing water conservation practices. Mr. Vecchiarelli
then responded to questions from the Board.
d. Testimony from Public
Carl Boznanski, resident and YLWD Citizens Advisory Committee
Chair, spoke regarding the ordinance. Mr. Boznanski stated that
the Committee had met with the General Manager to discuss the
ordinance and voted unanimously to recommend adoption by the
Board. Mr. Boznanski further stated that the Committee
understood the need for the ordinance and believed that everyone
should support the critical effort of conserving water.
Julia Shultz, resident, requested the District provide information
regarding underground drip irrigations systems to its customers.
Ms. Schultz also requested that the District work with the City of
Yorba Linda to fight against the assigned regional housing needs
allocation.
Michael Marion, resident, spoke regarding his concerns over
enforcement of the ordinance.
Another resident also expressed her concerns regarding
enforcement of the ordinance.
Mr. Vecchiarelli explained that a District staff member would need
to personally witness any violations before issuing warnings or
fines.
Jim Horton, resident, expressed his concerns regarding using a
rotor sprinkler system and being able to keep within the 15 minute
time limit for watering.
Mr. Vecchiarelli and Ms. Botts explained that the 15 minute time
limit would not apply to systems that met the specified efficiency
standards.
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A resident whose pool was emptied as a result of the Freeway
Complex Fire asked if he would be able to refill his pool at this time.
Mr. Vecchiarelli explained that the restrictions on filling pools would
not be effect unless the water supply shortage level was increased
to Stage 3.
e. President Closes Public Hearing
President Summerfield closed the public hearing at 7:38 p.m.
f. Discussion
Director Mills made a motion to adopt Ordinance No. 09 -01,
seconded by Director Beverage.
Director Beverage suggested that a charge for over usage be
included in the ordinance. Director Mills suggested that the
ordinance be adopted as is and that staff look into including a
charge for over usage in the future.
The Board then voted 4 -0 on a Roll Call vote to adopt Ordinance
No. 09 -01 Instituting Water Conservation Measures, Prohibition
Against Water Waste and Water Shortage Supply Contingencies.
7. CONSENT CALENDAR
On a motion by Director Mills, seconded by Director Armstrong, the Board voted
4 -0 to approve the Consent Calendar.
7.1. Minutes of the Regular Board of Directors Meeting held April 9, 2009
Recommendation. Approve the minutes as presented.
7.2. Payment of Bills, Refunds, and Wire Transfers
Recommendation. Ratify disbursements in the amount of
$660,581.13.
7.3. Payment of Bills, Refunds, and Wire Transfers
Recommendation. Ratify and authorize disbursements in the
amount of $1,651,874.74.
7.4. Progress Payment No. 23 for the Lakeview Reservoir Project
Recommendation. Approve Progress Payment No. 23 in the net
amount of $269,745.85 to SSC Construction, Inc. and 5% retention
of $14,197.15 deposited to City National Bank escrow account for
construction of the Lakeview Reservoir Project, Job No. 200704.
7.5. Terms and Conditions for Sewer Service with Larry and Tracey Pratt
Recommendation. Approve the Terms and Conditions for Sewer
Service with Larry and Tracey Pratt for 5951 Sandra Drive, Yorba
Linda, Job No. 200907.
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10.
ACTION CALENDAR
8.1. Professional Service Agreement Amendment for Lakeview Sewer Lift
Station Rehabilitation
Mr. Conklin introduced the item and explained that the lift station needed
two of its submersible pumps and control systems replaced.
On a motion by Director Armstrong, seconded by Director Beverage, the
Board voted 4 -0 to authorize Amendment No. 1 to the Professional
Services Agreement with Tetra Tech Consultants in the amount of
$19,960 for design, bidding and construction phase services for the
Lakeview Sewer Lift Station Project.
8.2. Award of Construction Contract for San Antonio Pressure Reducing
Station
Mr. Conklin reported that the District received 11 bids from contractors for
construction of the pressure reducing station. The lowest bid was
received from Paulus Engineering for $236,250.
On a motion by Director Beverage, seconded by Director Armstrong, the
Board voted 4 -0 to award the Contract for Construction of the San Antonio
Pressure Reducing Station Upgrade Project to Paulus Engineering, Inc.
for $236,250.
DISCUSSION ITEMS
9.1. Status of Hidden Hills Reservoir Project
Mr. Conklin reported that construction had begun on the Hidden Hills
Reservoir. The contractors have started clearing and grading the site in
preparation for the excavation portion of the project. In preparation for the
construction, Mr. Conklin provided a presentation to the Yorba Linda City
Council regarding the haul route for soil removal. A special notice
regarding the haul route was sent to all residents in the area as well and to
the St. Francis of Assisi Catholic School.
9.2. System Improvements Following Freeway Complex Fire
Mr. Vecchiarelli explained that this item had been added to the agenda in
response to a request by Mr. Schock. Mr. Cory provided a brief
PowerPoint presentation outlining staff efforts to harden the District's
water system against future disastrous events and to improve reliability
during planned and unplanned water supply interruptions.
REPORTS, INFORMATION ITEMS AND COMMENTS
10.1. President's Report
No report was given. President Summerfield commended staff on the new
agenda format.
10.2. Directors' Reports
Director Beverage commented on the status of the Colorado River.
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Director Mills commented on the fire in Santa Barbara.
Director Armstrong commented on a claim received from a resident.
10.3. General Manager's Report
Mr. Vecchiarelli reported that the District had experienced an earthquake
on April 23rd just before 5:00 p.m. Staff conducted an assessment of the
water distribution system shortly thereafter and no leaks were discovered.
Mr. Vecchiarelli further reported that he had attended a meeting of the
Orange County Fire Authority on April 23rd where an overview of their After
Action Report for the Freeway Complex Fire was presented. Mr.
Vecchiarelli also met with representatives from the City of Yorba Linda
Public Works and Parks and Recreation Departments on May 8th to
discuss the conservation ordinance. In addition, Mr. Vecchiarelli attended
a meeting of the East Lake Village Community Association on May 12th
regarding the zone reconfiguration project in their area.
10.4. General Counsel's Report
No report was given.
10.5. Future Agenda Items and Staff Tasks
None.
11. COMMITTEE REPORTS
11.1. Executive - Administrative - Organizational Committee
(Summerfield /Mills) Alternate: Collett
Minutes of the meeting held April 21 were provided in the agenda packet.
Directors Summerfield and Mills attended. Items discussed during the
meeting were as follows: Board Strategic Planning Workshop — Draft
Report; Board Budget Workshop; recommendation for becoming signatory
of the CUWCC; changes to Board packets; reports on legislative and grant
activities; General Counsel's monthly summary billing report; and
opportunities for expanding the District's water resources portfolio.
Meeting scheduled for May 21, 4:00 p.m.
11.2. Finance - Accounting Committee
(Beverage / Summerfield) Alternate: Mills
Minutes of the meeting held April 14 were provided in the agenda packet.
Directors Beverage and Summerfield attended. Items discussed during
the meeting were as follows: Monthly Investment Report and Financial
Statements for February 2009; Monthly Portfolio Report for March 2009;
Operating and Non - Operating Expense Budget; and update on Actuarial
RFP's.
Minutes of the meeting held May 12 were provided at the meeting.
Directors Beverage and Summerfield attended. Items discussed during
the meeting were as follows: Monthly Financial Statements and
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Investment Report for March 2009; revised YTD /Monthly Financial
Reports; Monthly Portfolio Report for April 2009; and comparison reports
for depreciation and overhead expenses and water operating pass -
through costs from the last rate increase and current projections.
Meeting scheduled for June 9, 4:00 p.m.
11.3. Personnel -Risk Management Committee
(Armstrong /Collett) Alternate. Summerfield
Minutes of the meeting held May 11 were provided at the meeting.
Directors Armstrong and Collett attended. Items discussed during the
meeting were as follows: Damage Claim submitted by Mr. William C.
Wamsley; Proposed Authorized Positions for FY 2009/2010; status of
recruitments and risk management activities; and scheduling a Budget
Workshop.
Meeting scheduled for June 8, 4:00 p.m.
11.4. Planning- Engineering- Operations Committee
(Mills /Armstrong) Alternate. Beverage
Minutes of the meeting held May 7 were provided in the agenda packet.
Directors Armstrong and Beverage attended. Items discussed during the
meeting were as follows: Fairmont Site Improvement Agreement with
Shapell Industries; Professional Services Agreement Amendment for
Lakeview Sewer Lift Station Rehabilitation; Frontage Fees for Grandview
Sewer Extension; Award of Construction Contract for San Antonio
Pressure Reducing Station; Monthly Groundwater Production, Purchased
Water, and Preventative Maintenance Program reports; Monthly MWDOC
Managers Meeting and OC Groundwater Producers Meeting summary
reports; status of capital projects in progress; and potential use of tops of
reservoirs as space for community sports and other activities.
Meeting scheduled for June 4, 4:00 p.m.
11.5. Public Information - Technology Committee
(Collett /Beverage) Alternate. Armstrong
Minutes of the meeting held May 5 were provided in the agenda packet.
Directors Collett and Beverage attended. Items discussed during the
meeting were as follows: customer online payments service; website
updates and links; Spring 2009 Customer Newsletter; and OC Children's
Water Education Festival and OC Girl Scouts public events.
Meeting scheduled for June 2, 4:00 p.m.
11.6. MWDOC /OCWD Ad Hoc Committee
(Mills /Collett) Alternate. Summerfield
Meeting scheduled for May 26, 4:00 p.m.
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11.7. Revenues and Rates Ad Hoc Committee
(Collett /Mills)
Minutes of the meeting held April 28 were provided in the agenda packet.
Directors Collett and Mills attended. Items discussed during the meeting
were as follows: actual and forecast revenues for FY 2008/2009 and
proposed budget revenues for FY 2009/2010; rate strategies, proposed
pass through rate increase, budget based and tiered rate alternatives; and
status of Citizens Advisory Committee activities.
Meeting to be scheduled.
11.8. City of Placentia Ad Hoc Committee
(Beverage /Vecchiarelli)
Meeting scheduled for June 10, 4:00 p.m.
11.9. Citizens Advisory Committee
Minutes of the meeting held April 21 were provided in the agenda packet.
Items discussed during the meeting were as follows: OC Water Summit
on May 15, 2009; conservation ordinance implementation plan; FY
2009/2010 budget and variable expenses; water rate; and nomination of
Committee officers.
Minutes of the meeting held May 4 were provided in the agenda packet.
Items discussed during the meeting were as follows: water conservation
ordinance and supply shortage contingencies; FY 2009/2010 revenues;
water rate options; and FY 2009/2014 Capital Improvement Plan and
financing of future infrastructure needs.
Meeting scheduled for May 19, 4:00 p.m.
12. INTERGOVERNMENTAL MEETINGS
12.1. MWDOC Board, April 15 (Staff)
Mr. Vecchiarelli reported that MWDOC's Water Supply Allocation Plan had
been adopted and implemented at the Regional Shortage Level 2.
12.2. OCWD Board, April 15 (Staff)
Mr. Vecchiarelli reported that the Replenishment Assessment Rate ($249
per acre foot), Basin Production Percentage (62 %) and Basin Equity
Assessment Rate ($501 per acre foot) for FY 2009 -10 had been adopted.
The surcharge for production in excess of 64% is $2,400 per acre foot.
12.3. Yorba Linda Planning Commission, April 15 (Collett)
There was no report as Director Collett was absent.
12.4. Yorba Linda City Council, April 21 (Armstrong)
Director Armstrong did not attend.
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12.5. Yorba Linda Planning Commission, April 29 ( Summerfield)
Director Summerfield attended and commented on two conditional use
permits and efforts of the Fire Recovery Facilitation Team which were
discussed during the meeting.
12.6. Yorba Linda City Council, May 5 (Mills)
Director Mills attended and commended Mr. Conklin for his presentation
regarding the San Antonio Water Main Zone Reconfiguration and Hidden
Hills Reservoir Projects.
12.7. MWDOC /MWD Workshop, May 6 (Staff)
Staff did not attend.
12.8. OCWD Board, May 6, (Staff)
Staff did not attend.
12.9. Yorba Linda Planning Commission, May 13 ( Summerfield)
Director Summerfield attended and made note of some of the items on the
agenda including a presentation by Galvin Preservation Associates on the
status of their Historic Resources Survey.
13. BOARD OF DIRECTORS ACTIVITY CALENDAR
13.1. Meetings from May 15, 2009 thru June 30, 2009
The Board reviewed the listed meetings with no changes.
14. CONFERENCES AND SEMINARS
14.1. ACWA/JPIA Spring Conference —May 18-19,2009
On a motion by Director Armstrong, seconded by Director Beverage, the
Board voted 4 -0 to authorize Director Mills to attend the ACWA/JPIA
Spring Conference.
State Legislative Welcome Reception — June 4, 2009
On a motion by Director Beverage, seconded by Director Armstrong, the
Board voted 4 -0 to authorize Director Mills to attend the State Legislative
Welcome Reception.
15. CLOSED SESSION
On a motion by Director Mills, seconded by Director Beverage, the Board
adjourned to Closed Session at 8.35 p.m. All Directors in attendance were
present. Also present were Messrs. Vecchiarelli, Grady and Kreisler, and Ms.
Knight.
10.1
15.1. Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representatives: Ken Vecchiarelli
Pat Grady
Gina Knight
Richard Kreisler
Employee Organization: Yorba Linda Water District Employees Assn
Mr. Kreisler left the Closed Session following discussion of Item No. 15.1. Mr.
Kidman, Ms. Laurie Park and Ms. Linda Bauermeister then joined the Closed
Session for discussion of Item Nos. 15.2. and 15.3.
15.2. Conference with Legal Counsel — Liability
Pursuant to Section 54956.95 of the California Government Code
Claimants: Paul and Gillian Johnson, Robert Record, Ameet Sambray,
and Dennis Dunn
Claimant: David and Alecia Weiss
Claimant: The Hills at Yorba Linda Community Association
Claimants: Einer G. and Rosalinda Lindholm
Claimants: J. Darrell and Kerry Kamm
Claimants: Jim and MaryAnn Buc
Claimants: Doug and Diane Manista
Claimants: Cecilia Ornelas
Jerry and Barbara Sinner
Patrick Diederichs
Mark Schock
Sterling Higgins
Kenneth Tan
Eric Griffith
Dennis Walker
Anne Pivovaroff
Susan Gonzalez
Lana Fisher
Ricardo Ruvalcaba
James Scherler
Luis Montemayor
Jerry Brakebill
Robert Lane
Neemish Patel
Teresa Hulse
Christine Sutton
Laura Warmolts
Agency Claimed Against: Yorba Linda Water District
0]
15.3. Conference with Legal Counsel — Anticipated Litigation
Pursuant to Subdivision (b)(1)(b) of Section 54956.9 of the California
Government Code
Number of Potential Cases: Unknown
The exposure to litigation arises from assertions of District responsibility
for property and related losses incurred during the "Freeway Complex"
firestorm of November 15 and 16, 2008.
The Board reconvened in Open Session at 9:36 p.m. President Summerfield
reported that during Closed Session, Director Mills made a motion to reject and
refer the claims submitted by the claimants listed in Item No. 15.2. to
ACWA/JPIA, with the exception of the claim submitted by J. Darrel and Kerry
Kamm. This motion was seconded by Director Beverage and approved by the
Board 4 -0. Staff was instructed to return the claim submitted by J. Darrell and
Kerry Kamm as insufficient. No action was taken during Closed Session for Item
Nos. 15.1. and 15.3. that was required to be reported under the Brown Act.
16. ADJOURNMENT
16.1. On a motion by Director Armstrong, seconded by Director Summerfield,
the meeting was adjourned at 9:37 p.m. The next regular meeting of the
Board of Directors will be held May 28, 2009 at 8:30 a.m.
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Meeting Date:
To:
From:
Presented By:
Prepared By:
Subject:
SUMMARY:
AGENDA REPORT
May 28, 2009
Board of Directors
Ken Vecchiarelli, General
Manager
Budgeted:
Total Budget:
Cost Estimate:
Funding Source:
Account No:
Job No:
Diane Cyganik, Finance Director Dept:
Reviewed by Legal
Maria Trujillo, Accounting CEQA Compliance:
Assistant I
Payments of Bills, Refunds, and Wire transfers
ITEM NO. 6.2
Yes
N/A
$860,076.00
All Funds
N/A
N/A
Finance
N/A
N/A
Section 31302 of the California Water Code says the District shall pay demands made against it
when they have been approved by the Board of Directors. Pursuant to law, staff is hereby
submitting the list of disbursements for Board of Directors' approval.
STAFF RECOMMENDATION:
That the Board of Directors ratify and authorize disbursements in the amount of $860,076.00.
DISCUSSION:
The major items and wire transfers on this disbursement list are as follows: A wire of $80,143.93 to
ACWA -HBA for June 2009 health premium; a wire of $261.96 to ACWA -EAP for June 2009 EAP; a
wire of $4,803.40 to Parsons for Job 200704 April 2009 services; a wire of $11,899.58 to City
National Bank for Job 200704 April 2009 retention; a check of $53,642.97 to Cummins Cal Pacific
for an engine rebuild on Highland Booster #5; and, a check of $226,472.13 to SSC Construction for
Job 200704 April 2009 progress payment. The balance of $252,997.00 is routine invoices.
ADP is now issuing our payroll checks, with the exception of the third party checks, listed below.
In summary, the check register total is $630,220.97; payroll No. 10 total is $229,855.03; and, the
disbursements of this agenda report are $860,076.00. A summary of the checks is as follows:
Payables:
Void Check
Manual Checks
Computer Checks
Payroll #10:
Check No.
51126
Check Nos.
51542
Check Nos.
51544
51543
51649
Manual Checks Check No. 4311 - 4315
The disbursement total for the current period is $860,076.00, distributed as follows:
Water
$792,360.74
Sewer
$41,531.93
ID #1
$0.00
ID #2
$26,183.33
TOTAL
$860,076.00
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors approves bills, refunds and wire transfers semi - monthly.
ATTACHMENTS:
Description: Type:
09 -CS 528.doc Cap sheet Backup Material
May28 check list.pdf Chack list Backup Material
CHECK NUMBERS
51126
51542 TO 51649
WIRES:
W -52709
ACWA -HBA
W- 52709A
ACWA -EAP
W -52809
Parsons
W- 52809A
City National Bank
TOTAL OF CHECKS AND WIRES:
PAYROLL NO. 10:
CHECK NUMBERS:
May 28, 2009
$ 0.00
$ 533,112.10
$ 80,143.93
$ 261.96
$ 4,803.40
$ 11,899.58
$ 97,108.87
$ 630,220.97
4311 TO 4315 $ 229,855.03
--------------------------------------------------------------------------------------------------------------------
TOTAL: $ 860,076.00
------------------------------------------------------------------
------------------------------------------------------------------
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF MAY 28, 2009
TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS
AS FOLLOWS:
WATER
$
792,360.74
SEWER
$
41,531.93
I D# 1
$
0.00
I D# 2
$
26,183.33
TOTAL: $ 860,076.00
Yorba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 05 -15 -09 THRU 05 -28 -09
Check. Check... Posting. Vendor Name ................... Check.....
No Date Date Amount
51547
05 -28 -09
05 -28 -09
1- 800- CONFERENCE(R)
27.55
51548
05 -28 -09
05 -28 -09
A -1 FENCE
1,993.00
51549
05 -28 -09
05 -28 -09
ABIGAIL ABBOTT STAFFING SVC
7,550.65
W52709
05 -27 -09
05 -27 -09
ACWA -HBA
80,143.93
52709A
05 -27 -09
05 -27 -09
ACWA -FBA
261.96
51550
05 -28 -09
05 -28 -09
ADVANCED INFRASTRUCTURE
313.20
51.551
05 -28 -09
05 -28 -09
AMTEL YELLOW WAGES
214.00
51552
05- -28 -09
05 -28 -09
ANAHEIM WHEEL & TIRE
375.00
51553
05 -28 -09
05 -28 -09
APPLIED GEODETICS INC.
7,923.60
51554
05 -28 -09
05- 28 --09
ARROW HARDWARE
504.57
51.555
05 -28 -09
05 -28 -09
AT & T - CALNET2
3,266.19
51556
05 -28 -09
05 -28 -09
AT &T
45.09
51557
05 -28 -09
05 -28 -09
AW DIRECT INC.
314.79
51558
05 -28 -09
05- 28--09
AWWA - DUES
85.00
51544
05 -28 -09
05 -28 -09
AZIM SHARIAT
35.90
51559
05 -28 -09
05 -28 -09
B & S [3RAPHICS, INC.
59.81
51560
05 -28 -09
05 -28 -09
BELL PIPE & SUPPLY
101.05
51561
05 -28 -09
05 -28 -09
BOB PETERS FIRE PROTECTION
350.00
51562
05 -28 -09
05 -28 -09
BOILER AND STEAM PARTS INC.
200.20
51563
05 -28 -09
05 -28 -09
C. WELLS PIPELINE
114.19
51564
05 -28 -09
05 -28 -09
CADET UNIFORM SERVICE
854.46
51565
05 -28 -09
05 -28 -09
CALIF WATER ENVIRON ASSN(CWEA)
80.00
51566
05 -28 -09
05 -28 -09
CAROLLO ENGINEERS
13,375.00
51567
05 -28 -09
05 -28 -09
CDM, INC.
5,549.28
51568
05 -28 -09
05 -28 -09
CDW -G GOVERNMENT, INC
9.99
51569
05 -28 -09
05 -28 -09
CEIL KIRBY MAPS
314.88
52809A
05_28 -09
05 -28 -09
C1.TY NATIONAL BANK
11,899.58
51570
05 -28 -09
05- 28--09
CITY OF ANAHEIM
12,112.33
51571
05- -28 -09
05 -28 -09
CITY OF PLACENTIA
4,304.54
51572
05 -28 -09
05 -28 -09
CLINICAL LAB. OF SAN BERN.
1,925.00
51573
05- 28--09
05- 28--09
CONSOLIDATED REPROGRAPHICS
1,009.85
51574
05 -28 -09
05 -28 -09
CULLIGAN
1,775.65
51575
05 -28 -09
05 -28 -09
CUMMINS CAL PACIFIC, LLC
53,542.97
51576
05 -28 -09
OS -28 -09
CYNTHIA 20TTS
443.30
51577
05 -28 -09
05 -28 -09
D.R. CRISKE TRUCKING INC
3,411.22
Yorba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 05-15-09 THRU 05-28-09
Check. Check... Posting. Vendor Name ................... Check.....
No Date Date Amount
51578
05-28-09
05-28-09
DAN COPP CRUSHING CORP.
261-00
51579
05 -28-09
05-28-09
DAPPER TIRE CO. INC.
989.44
51580
05 -28-09
05-28-09
DATALOK ORANGE COUNTY
268.42
51581
05 -28-09
05-28-09
DATANET SOLUTIONS INC.
19,273.75
51582
05 -29-09
05-28-09
DELL MARKETING L.P.
8,140.54
51583
05-28-09
05-28-09
DELTA DENTAL - PMI
296.32
51584
05 -28-09
05-28-09
DIANE DALTON
254.94
51585
05-28-09
05-28-09
DME INCORPORATED
77.61
5I545
05-28-09
05 -28-09
DONALD COX
63.45
51586
05-28-09
05-28-09
ElSEL ENTERPRISES, INC.
161.00
51587
05-28-09
05-28-09
FAIRWAY FORD SALES, INC.
46.50
51588
05-28-09
05-28-09
FEDERAL EXPRESS
245.72
51589
05 -28-09
05-28-09
FRANKLIN COVEY
52-15
51590
05-28-09
05-28-09
FRY'S ELECTRONICS
158.66
51591
05 -28-09
05-28-09
FULLERTON PAINT & FLOORING
1,323.98
51592
05-28-09
05-28-09
GENERAL PUMP CO., INC.
15,652.11
51593
05-28-09
05-28-09
HARRINGTON INDUSTRIAL
590.33
51594
05-28-09
05-28-09
HOTSY OF SO CALIFORNIA
77.59
51595
05-28-09
05-28-09
HSBC BUSINESS SOLUTIONS
413.77
51596
05-28-09
05-28-09
INFOSEND
8,772.61
51597
05-28-09
05-28-09
JOHN CESAREO
355.43
51598
05-28-09
05-28-09
KATRINA BROWN
1,176.21
51599
05-28-09
05 -28-09
KB DESIGN
1,141.88
51600
05-28-09
05-28-09
KENNY GRAFF
80.00
51546
05-28-09
05-28-09
KEY ASSET SOLUTIONS
26.26
51601
05-28-09
05-28-09
LAUTZENHISERIS STATIONERY INC.
215.30
51602
05-28-09
05-28-09
LEE CORY
396-00
51603
05-28-09
05-28-09
LEIGHTON CONSULTING, INC.
11,174.60
51604
05-28-09
05-28-09
LINCOLN NATIONAL LIFE
1,866.78
51605
05-28-09
05-28-09
LPR
334.04
51606
05-28-09
05-28-09
MC FADDEN-DALE HARDWARE
1,777.33
51607
05-28-09
05-28-09
McCCRMICK,KIDMAN & BEHRENS LLP
27,952.90
51608
05-28-09
05-28-09
MRASUREMENT CONTROL SYSTEMS
145.36
51609
05 -28-09
05-28-09
MINUTEMAN PRESS
574.94
51610
05-28-09
05-28-09
MISCO
1,C)OD.54
Yarba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 05 -15 -09 THRU 05 -28 -09
Check. Check... Pasting. Vendor Name ................... Check.....
No Date Date Amount.
51611
05 -28 -09
05 -28 -09
MUNICIPAL WATER DISTRICT
126.00
51612
05 -28 -09
05 -28 -09
NEXTEL OF CALIFORNIA
1,749.73
51126
03- 12 -09
05 -15 -09
NWRI /OCWD CHILDREN WATER
- 500.00
51542
05 -15 -09
05 -15 -09
NWRI /OCWD CHILDREN WATER
500.00
5161.3
05 -28 -09
05 -28 -09
OCCU -MED, LTD.
50.00
51614
05- -28 -09
05 -28 -09
OFFICE SOLUTIONS
362.55
51615
05 -28 -09
05 -28 -09
OMNI WESTERN INC
108.10
51616
05° -28 -09
05 -2809
ORANGE COUNTY - I W M D
731.40
51617
05 -28 -09
05 -28 -09
ORANGE COUNTY REGISTER
325.68
51618
05 -28 -09
05 -28 -09
ORVAC ELECTRONICS
137.78
W52809
05 -28 -09
05 -28 -09
PARSONS ENGINEERING SCIENCE
4,803.40
51619
05-28-09
05 -28 -09
PEGGY McCLURE
210.00
51620
05- 28-09
05 -28 -09
PETE'S ROAD SERVICE INC
70.00
51621
05 -28 -09
05- -28 -09
PLACENTIA DISPOSAL
499.36
51543
05 -15 -09
05 -15 -09
PRIORITY MAILING SYSTEMS
342.57
51622
05 -28 -09
05 -2809
PSOMAS % ASSOCIATES
2,056.65
51623
05- -28 -09
05 -28 -09
R J SERVICES, INC
698.00
51624
05-28 -09
05- -28 --09
RICHARD GANGLOFF III
303.72
51625
05- 28- -09
05 -28 -09
RICK WALKEMEYER
150.00
51626
05 -28 -09
05- -28 -09
SACRAMENTO ADVOCATES
3,000.00
51627
05 -28 -09
05 -28 -09
SELMAN CHEVROLET COMPANY
502.61
51628
05 -28 -09
05 -28 -09
SEVERN TRENT WATER
1,066.31
51629
05 -28 -09
05 -28 -09
SHRED -IT LOS ANGELES
65.00
51630
05 -28 -09
05 -28 -09
SOLARWINDS INC.
495.00
51631
05 -28 -09
05 -28 -09
SOUTHERN CALIF EDISON CO.
219.85
51632
05 -28 -09
05 -28 -09
SOUTHERN CALIF EDISON.-PLANNING
5,830.42
51633
05 -28 -09
05 -28 -09
SOUTHERN CALIF GAS CO.
16,044.07
51634
05 -28 -09
05 -28 -09
SPARLING INSTRUMENTS LLC.
518.90
51635
05 -28 -09
05 -28 -09
SSC CONSTRUCTION, INC
226,472.13
51636
05 -28 -09
05--28 -fi9
ST.JOSEPH HERITAGE HEALTHCARE
145.00
51637
05 -28 -09
05 -28 -09
STACY BAVOL /PETTY CASH
201.36
51638
05 -28 -09
05- 28--09
STAPLES BUSINESS ADVANTAGE
1,164.11
51639
05 -28 -09
05 -28 -09
SUNSTATE EQUIPMENT CO
347.19
51640
0S -28 -09
05 -28 -09
'TETRA. TECH, ISG #1
24,325.16
51641
05 -28 -09
05 -28 -09
THE BEE MAN
225.00
Yorba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 05 -15 -09 THRU 05 -28 -09
Check. Chock... Posting. Vendor Name ..................
No Date Date
51642 05 -28 -09
51643 05 -28 -09
51644 05 -28 -09
51645 05 -28 -09
51646 05 -28.09
51647 05- 28 - -09
51648 05 -28 -09
51649 05- -28 -09
05 -28 -09
05 -28 -09
05 -28 -09
05 -28 -09
05 -28 -09
05 -28 -09
05 -28 -09
05 -28 -09
TIME WARNER CABLE
UNDERGROUND SERVICE ALERT
UNITED INDUSTRIES
USA BLUE BOOK
VERIZON WIRELESS
WALTERS WHOLESALE ELECTRIC CO
WELLS SUPPLY CO
XEROX CORPORATION
Check.....
Amount
187.38
172.50
1,582.91
47.93
121.86
2,521.56
10,620.11
1,094.48
630,220.97
AGENDA REPORT
Meeting Date: May 28, 2009
To: Board of Directors
From: Ken Vecchiarelli, General
Manager
Presented By: Steve Conklin, Engineering
Manager
Prepared By: Leon De Los Reyes, Water
Quality Engineer
Budgeted:
Total Budget:
Cost Estimate:
Funding Source:
Account No:
Job No:
Dept:
Reviewed by Legal:
CEQA Compliance:
ITEM NO. 6.3
Yes
$11.2M
$11.2M
Water Revenue Bond
101 -2700
J- 200309
Engineering
No
MND
Subject: Progress Payment No. 12 for the Highland Reservoir Replacement Project
SUMMARY:
The Board of Directors awarded a contract to Schuler Engineering for construction of the Highland
Reservoir Replacement Project on April 10, 2008 and approved a project construction budget of
$11.2M on May 15, 2008. Submitted for consideration is construction Progress Payment No. 12.
STAFF RECOMMENDATION:
That the Board of Directors approve Progress Payment No. 12 in the net amount of $169,975.99 to
Schuler Engineering Corporation and 10% retention of $18,886.22 deposited to Citizens Business
Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No.
200309.
DISCUSSION:
In accordance with the contract documents, Schuler Engineering Corporation submitted a request
for Progress Payment No. 12 for the period ending April 30, 2009. This progress pay request
includes small percentage payments for submittals, project related office expenses, surface water
pollution prevention efforts, 60% for earthwork and grading of the reservoir foundation and slopes,
and about 34% for the new reservoir drain and overflow piping. Grading for the new reservoir
foundation is now complete. The status of the construction contract with Schuler Engineering is as
follows:
• Original contract amount was $9,049,346 and 730 calendar days starting June 2, 2008.
• Authorized change orders to date total $335,575.44 (3.71 % of the original contract amount)
and 39 calendar days (5.34% of original contract calendar days).
• The revised construction contract amount and contract calendar days are $9,384,921.44, and
769 days respectively.
• If approved, Progress Payment No. 12 is $188,862.21 (2.01 % of the revised contract amount)
less 10% retention of $18,886.22 for a net payment of $169,975.99.
• If approved, total progress payments to date including retentions are $4,591,088.64 (48.9% of
the revised contract amount).
• As of April 30, 2009, 333 calendar days were used (43.3% of the revised contract calendar
days).
Staff and Carollo Engineers, the District's construction
progress payment request and recommend payment.
is attached for your information.
PRIOR RELEVANT BOARD ACTION(S):
management consultant, reviewed the
A copy of Progress Payment Request No. 12
The Board of Directors awarded a construction contract to Schuler Engineering on April 10, 2008 in
the amount of $9,049,346 for construction of the project. On May 15, 2008, the Board approved
execution of a Professional Service Agreement with Carollo Engineers in the amount of $605,856
for engineering support services, construction management and backup inspection services; a
Professional Service Agreement with Leighton Consulting Engineers in the amount of $86,200 for
geotechnical services, soils, concrete and materials testing; a Professional Service Agreement with
BonTerra Consulting in the amount of $22,251 for environmental compliance services; and
approved the construction budget in the amount of $11,200,000 for construction of the Highland
Reservoir Replacement Project. On April 9, 2009, the Board approved an amendment to BonTerra's
Professional Services Agreement in the amount of $15,700 for additional environmental compliance
services. The Board has approved 11 progress payments and 2 change orders to date, the most
recent of which were approved on April 9, 2009 and March 12, 2009, respectively.
ATTACHMENTS:
Name: Description: Type:
PP# 12.pdf Progress Pay Request No. 12 Backup Material
YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT
PROJECT Fl�land Reservoir PROGRESS PAY REQUEST NO. 12_
LOCATION Yorba Linda PROJECT NO. J- PAGE 1 OF 1 PAGES
CONTRACTOR Schuler Engineering DATE April 30,2009
ORIGINAL CONTRACT AMOUNT:
$
9,049,346.00
AUTHORIZED CHANGE. ORDERS.
$
335,575.44
REVISED CONTRACT AMOUNT:
$
9,384,921.44
PROGRESS PAY ESTIMATE FOR PERIOD
April 1,2009
TO Aril 30, 2009
CALENDAR DAYS
769
PREVIOUS
THIS MONTH TO DATE
VALUE OF WORK COMPLETED
$ 4,078,604.24
$ 188,862.21 $
4,267466.45
CHANGE ORDER WORK COMPLETED
$ 323 622.19
$ - $
323,622.19
TOTAL VALUE OF WORK COMPLETED
$ 4,402,226.43
$ 188,862.21 $
4,591,088.64
LESS RETENTION 10%
$
459,108.87
LESS OTHER DEDUCTIONS
AMOUNT DUE THIS ESTIMATE
$
4,131,979.77
LESS AMOUNT PREVIOUSLY PAID
$
3,962,003.78
BALANCE DUE THIS ESTIMATE
$
169,975.99
NOTICE TO PROCEED
COMPLETION TIME
APPROVED TIME EXTENSIONS
TOTAL CONTRACT TIME
TIME EXPENDED TO DATE
TIME REMAINING
June 2,2008
730
CALENDAR DAYS
39
CALENDAR DAYS
769
CALENDAR DAYS
333
CALENDAR DAYS
436
CALENDAR DAYS
X.
REQUESTED BY: f DATE:
SCHULER ENGINEERING - CONTRACTOR
Chas Wick jAPPROVED BY: DATE:
CAROLLO- OWNER'S- REPRESENTATIVE
Brian Wilson
APPROVED BY: DATE:
YLWD- OWNER
Steve Conklin
Meeting Date:
To:
From:
Presented By:
Prepared By:
Subject
SUMMARY:
AGENDA REPORT
May 28, 2009
Board of Directors
Ken Vecchiarelli, General
Manager
Steve Conklin, Engineering
Manager
Budgeted:
Total Budget:
Cost Estimate:
Funding Source:
Account No:
Job No:
Dept:
Reviewed by Legal:
Joe Polimino, Project Engineer CEQA Compliance:
ITEM NO. 6.4
Yes
11.5M
11.5M
Developer Funded
101 -2700
200704
Engineering
N/A
MND
Progress Payment No. 24 for the Lakeview Reservoir Project
On January 25, 2007, the District Board of Directors authorized the execution of an agreement with
SSC Construction, Inc. (SSC) for construction of an 8- million gallon underground concrete reservoir,
piping and appurtenances. The project also includes demolition of the existing Bastanchury Booster
Pump Station and Reservoir (two steel storage tanks). The site is located north of Bastanchury
Road off the new Lakeview Avenue extension, north of the Hover Development and south of Vista
Del Verde's Village 4. When completed, the project will increase operational, fire and emergency
storage capacity, retain better water quality through improved circulation and improve reliability of
the water system.
STAFF RECOMMENDATION:
That the Board of Directors approve Progress Payment No. 24 in the net amount of $226,472.13 to
SSC Construction, Inc. and 5% retention of $11,919.58 deposited to City National Bank escrow
account, for construction of the Lakeview Reservoir Project, Job No. 200704.
DISCUSSION:
In accordance with the contract documents, SSC submitted a request for Progress Payment No. 24,
in the amount of $238,391.71 for completed work through April 30, 2009. During this period, SSC
completed fine grading of the site, paving the access road and placement of concrete "v" ditches.
The contractor also continued work on the cathodic protection system.
The status of the construction contract with SSC Construction, Inc. is as follows:
• The current contract is $11,006,911.61 and 663 calendar days starting June 18, 2007.
• If approved, Progress Payment No. 24 is $238,391.71 (2.2% of the total contract amount),
less 5% retention of $11,919.58 for a net payment of $226,472.13.
• Total payments to date including retention are $10,946,243.08 (99.4% of the total contract
amount).
. As of April 30, 2009, 683 calendar days were used (103% of the contract time).
As noted above, the project has exceeded the time allowed for completion of construction. This is
due to the need for the contractor to finalize the construction "punchlist" items, which will be
complete by May 31, 2009. The District has been able to use the new reservoir for water storage
and delivery since September 16, 2008, such that the delay in completion has not impacted the
District.
Staff and Butier, the District's construction manager for the project, have reviewed the contractor's
progress payment and recommend approval. A copy of Progress Payment No. 24 is attached for
your reference.
ATTACHMENTS:
Description: Type:
PPR_24 SSC_Lakeview.pdf Progress Pay Report 24 Backup Material
i
1
YO►RBA LINDA WATER DISTRICT PROGRESS PAY REPORT
€
PROJECT Lakeview Reservoir Project PROGRESS PAY REQUEST NO. 24
LOCATION Yorba Linda, CA PROJECT NO. 200704 PAGE 1 OF 1 PAGES
CONTRACTOR SSC Construction, Inc. DATE 4130109
)RIGINAL CONTRACT AMOUNT: $ 10,489,500.00
WTHORIZED CHANGE ORDERS: 517,411.61
tEVISED CONTRACT AMOUNT: 11,006,911.61
(PROGRESS PAY ESTIMATE FOR PERIOD
VALUE OF WORK COMPLETED
CHANGE ORDER WORK COMPLETED
TOTAL VALUE OF WORK COMPLETED
LESS RETENTION 5%
LESS OTHER DEDUC71ONS
NET EARNED TO DATE
LESS AMOUNT PREVIOUSLY PAID
BALANCE DUE THIS ESTIMATE
NOTICE TO PROCEED
COMPLETION TIME
APPROVED TIME EXTENSIONS
TOTAL CONTRACT TIME
TIME EXPENDED TO DATE
TIME REMAINING
REQUESTED W
APPROVED BY:
April 1, 2009 TO
PREVIOUS.. THIS MONTH
$ 10,273,570.00 $ 167,07;
$ 434, 781.37 $ 71, 311
S 10.707.851.37 $ 238.39'
50% of Electronic Wire Fees
June 18, 2007
487
CALENDAR DAYS
176e
CALENDAR DAYS
663
CALENDAR DAYS
683
CALENDAR DAYS
0
CALENDAR DAYS
130, 2009
TO DATE
71 1 $ 10,
$ 150.00
$ 10,398,780.93
$ 10,172.308.80
DATE: S� Q
s
DATE:
APPROVED BY: DATE:
Kenneth R. Verchlareffl, General Manager, YLWD
1:31
Meeting Date:
To:
From:
Presented By:
Prepared By:
Subject:
SUMMARY:
AGENDA REPORT
May 28, 2009
Board of Directors
Ken Vecchiarelli, General
Manager
Budgeted
Funding Source:
Diane Cyganik, Finance Director Dept:
Sandi Van Etten, Senior
Accountant
ITEM NO. 6.5
N/A
N/A
Finance
Reviewed by Legal: N/A
CEQA Compliance: N/A
Financial Statements for Quarter Ending March 31, 2009
Both the water and sewer funds had operating losses of $3,187,623 and $238,796 respectively for
the quarter ending March 31, 2009.
STAFF RECOMMENDATION:
That the Board of Directors receive and file the financial statements for the quarter ending March
31, 2009
COMMITTEE RECOMMENDATION:
The Finance - Accounting Committee discussed the financial statements at its meeting on May 12,
2009 and supports staffs' recommendation.
DISCUSSION:
The key factors are outlined in the attached report.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors reviews each quarter's financial statements. The financial statements for the
quarter ended December 31, 2008 were received and filed on February 26, 2009.
ATTACHMENTS:
DescnpL101l. Type:
Quarterly Fin Stmt Analysis.doc Qtr Fin Stmts for Mar 2061- Backup Material
D3 Mar 09 FinStmt.pdf Qtr D3 Rpt for Mar 2009 Backup Material
Yorba Linda Water District
Quarterly Financial Statement Analysis — Water Operating Fund
For the Quarter Ending March 31, 2009
Description
Total Water Revenue
Total Variable Water Costs
Personnel Costs
Supplies & Services
Revenues increased at a slower pace in March as the billing period still included winter water
sales. Variable costs and Personnel Costs are under budget, as indicated in prior months'
discussions. There are both monthly allocations and unfilled positions that contribute to the 18%
under budget amount for Personnel Costs. Supplies & Services are under budget at this point in
time. It should be noted that Supplies and Services are reduced by a monthly allocation to
Construction -in- Progress. Though these supplies have been paid as expenses and have
reduced the cash balance, the expense accounts will appear to be understated by the amount of
the allocation. This month's operating loss increased by $565,000, while the negative balance in
water fund's operating bank account increased only slightly.
Yorba Linda Water District
Quarterly Financial Statement Analysis — Sewer Operating Fund
For the Quarter Ending March 31, 2009
March
Budget
2009
FY 2008/09
Actual Y -T -D
17,498,010
$ 13,606,349
11,156,500
$ 7,908,302
7,389,200
$ 4,183,203
3,773,100
$ 2,346,469
Revenues increased at a slower pace in March as the billing period still included winter water
sales. Variable costs and Personnel Costs are under budget, as indicated in prior months'
discussions. There are both monthly allocations and unfilled positions that contribute to the 18%
under budget amount for Personnel Costs. Supplies & Services are under budget at this point in
time. It should be noted that Supplies and Services are reduced by a monthly allocation to
Construction -in- Progress. Though these supplies have been paid as expenses and have
reduced the cash balance, the expense accounts will appear to be understated by the amount of
the allocation. This month's operating loss increased by $565,000, while the negative balance in
water fund's operating bank account increased only slightly.
Yorba Linda Water District
Quarterly Financial Statement Analysis — Sewer Operating Fund
For the Quarter Ending March 31, 2009
Y -T -D ($)
Y -T -D ( %)
Y -T -D ($)
Budget
Budget
Budget
Remaining
Remaining
$
(3,891,661)
-22%
$
3,248,198
29%
$
3,205,997
43%
$
1,426,631
38%
Revenues increased at a slower pace in March as the billing period still included winter water
sales. Variable costs and Personnel Costs are under budget, as indicated in prior months'
discussions. There are both monthly allocations and unfilled positions that contribute to the 18%
under budget amount for Personnel Costs. Supplies & Services are under budget at this point in
time. It should be noted that Supplies and Services are reduced by a monthly allocation to
Construction -in- Progress. Though these supplies have been paid as expenses and have
reduced the cash balance, the expense accounts will appear to be understated by the amount of
the allocation. This month's operating loss increased by $565,000, while the negative balance in
water fund's operating bank account increased only slightly.
Yorba Linda Water District
Quarterly Financial Statement Analysis — Sewer Operating Fund
For the Quarter Ending March 31, 2009
The Sewer Maintenance Charges are at budget. This would be expected as sewer revenue is a
fixed amount per customer account. Personnel Costs are under budget, with the factors
contributing to the variance similar to other months. Supplies and Services jumped this month
due to job closing expense. These particular jobs were studies or agreements, with nothing to
capitalize, so they were expensed. The operating loss increased by around $95,000 from the
prior month.
March
Y -T -D ($)
Y -T -D ( %)
Budget
2009
Budget
Budget
Description
FY 2008/09
Actual Y -T -D
Remaining
Remaining
Sewer Maintenance Charges
$ 1,249,850
$ 939,425
$ (310,425)
-25%
Personnel Costs
$ 730,800
$ 467,830
$ 262,970
36%
Supplies & Services
$ 339,600
$ 308,074
$ 31,526
9%
The Sewer Maintenance Charges are at budget. This would be expected as sewer revenue is a
fixed amount per customer account. Personnel Costs are under budget, with the factors
contributing to the variance similar to other months. Supplies and Services jumped this month
due to job closing expense. These particular jobs were studies or agreements, with nothing to
capitalize, so they were expensed. The operating loss increased by around $95,000 from the
prior month.
FUND 1
Schedule of Revenue & Expense
03 -31 -09
ANNUAL CURR YR VARIANCE VAR
BUDGET Y -T -D Y -T -D $
Operating Revenues:
11,156,500.00
7,908,302.35
3,248,197.65
29
Metered water sales
17,040,410.00
15,535,530.88
1,504,879.12
9
Sewer maintenance charges
0.00
0.00
0.00
-100
Construction water sales
355,000.00
218,994.53
136,005.47
38
Irrigation sales
45,600.00
58,896.81
¢13,296.81n
-29
Other
13,490.00
59,263.34
C45,773.34>
-339
Customer service fees
124,600.00
169,004.66
<44,404.66a
-36
Rents and royalties
99,144.00
41,565.51
57,534.49
58
Outside District water sales
50,000.00
18,239.46
31,760.54
64
Unmetered water sales
7,000.00
6,070.45
929.55
13
To: "Restricted for Debt Serv"
0.00
c2,231,383.54n
2,231,383.54
-100
Total Operating Revenues
17,735,200.00
13,876,182.10
3,859,017.90
22
Operating Expenses:
Variable water costs
11,156,500.00
7,908,302.35
3,248,197.65
29
Personnel services
7,389,200.00
4,183,202.65
3,205,997.35
43
Depreciation
3,676,500.04
2,625,830.84
1,050,669.16
29
Supplies and services
3,773,100.00
2,346,469.37
1,426,630.63
38
Total Operating Expenses
25,995,300.00
17,063,805.21
8,931,494.79
34
operating (Loss)
<8,260,100.00n
¢3,187,623.11a
¢5,072,476.89
61
Total Nonoperating Revenues
Nonoperating expenses:
Interest expense
Security Vulnerability Exp
Other expense
Total Nonoperating Expenses
Income (Loss) before
Capital Contributions
1,696,850.00
FUND
1
-125
0.00
1,558,296.72
Schedule
of Revenue &
Expense
0.00
0.00
-100
03 -31 -09
152,339.99
<152,339.99>
-100
ANNUAL
CURR YR
VARIANCE
VAR
BUDGET
Y -T -D
Y -T -D
$
Nonoperating Revenues:
Property taxes - debt service
0.00
0.00
0.00
-100
Property taxes - operations
1,200,150.00
786,675.80
413,473.20
34
Interest income
47,500.00
298,019.31
<250,519.317
-527
Other revenue
449,200.00
495,186.54
<45,986.54>
-10
Rest Restricted for Deist Sery
0.00
2,231,383.54
<2,231,383.54>
-100
Total Nonoperating Revenues
Nonoperating expenses:
Interest expense
Security Vulnerability Exp
Other expense
Total Nonoperating Expenses
Income (Loss) before
Capital Contributions
1,696,850.00
3,811,266.19
<2,114 ■416.19
-125
0.00
1,558,296.72
<1,558,296.72>
-100
0.00
0.00
0.00
-100
0.00
152,339.99
<152,339.99>
-100
0.00
1,710,636.71
¢1,710,636.71
-100
<6,563,250.00> ¢1,086,993.63 <5,476,256.37> 83
Capital Contributions 667,100.00 1,415,755.02 <748,655.02a
Change in Net Assets: <5,896,150.00> 328,761.39 <6,224,911.39>
RUN DATE /TIME: 10:05:10 05 May 2009 REPORT ID: revexp07
-112
W161
FUND 1
Schedule of Combined Revenue
03 -31 -09
OTHER
Damages /Relocation
Miscellaneous Billing
Other
Total
SEWER MAINTENANCE CHARGES
Sewer Rate Charge
City Maintenance Charge
Maintenance Assesement
F.O.G. fees
Collection Fees - Placentia
Total
CUSTOMER SERVICE CHARGES
Customer Service Charges
Back Flow Charges
Total
Rents & Royalties
Total Operating Revenue
3,290.00
ANNUAL
CURB YR
VARIANCE
VAR
0.00
BUDGET
Y -T -D
Y -T -D
$
OPERATING REVENUE
-352
13,490.00
WATER SALES
¢45,773.34n
-339
0.00
0.00
Residential. Water
12,983,902.00
11,652,325.40
1,331,576.60
10
Combined Remand
7,158.00
5,738.46
1,419.54
20
Commercial
1,191,790.00
1,053,440.74
138,349.26
12
Fire Detector
150,000.00
90,231.29
59,768.71
40
Landscape Water
2,700,850.00
2,708,032.49
¢7,182.49>
0
Irrigation
45,600.00
58,896.81
<13,296.81>
-29
Other Water Sales
418,710.00
269,066.94
149,643.06
36
To: "Restricted for Debt Serv"
0.00
¢2,231,383.54a
2,231,383.54
-100
Total
17,498,010.00
13,606,348.59
3,891,661.41
22
OTHER
Damages /Relocation
Miscellaneous Billing
Other
Total
SEWER MAINTENANCE CHARGES
Sewer Rate Charge
City Maintenance Charge
Maintenance Assesement
F.O.G. fees
Collection Fees - Placentia
Total
CUSTOMER SERVICE CHARGES
Customer Service Charges
Back Flow Charges
Total
Rents & Royalties
Total Operating Revenue
3,290.00
13,156.27
<9,866.27a
-300
0.00
0.00
0.00
-100
10,200.00
46,107.07
<35,907.077
-352
13,490.00
59,263.34
¢45,773.34n
-339
0.00
0.00
0.00
-100
0.00
0.00
0.00
-100
0.00
0.00
0.00
-100
0.00
0.00
0.00
-100
0.00
0.00
0.00
-100
0.00
0.00
0.00
-100
75,000.00
124,464.00
E49,464.00n
-66
49,600.00
44,540.66
5,059.34
10
124,600.00
169,004.66
s44,404.66>
-36
99,100.00
41,565.51
57,534.49
58
17,735,200.00
13,876,182.10
3,859,017.90
22
FUND I
Schedule
of Combined
Revenue
03 -31 -09
ANNUAL
CURR YR
VARIANCE
VAR
BUDGET
Y -T -D
Y -T -D
NON-OPERATING REVENUE
Taxes & Assesements
1,200,150.00
786,676.80
413,473.20
34
Interest
47,500.00
298,019.31
c250,519.313
-527
Other Revenue
449,200.00
495,186.54
e45,986.54'
-10
Rev Restricted for Debt Sery
0.00
2,231,383.54
¢2,231,383.54a
-100
Total
1,696,850.00
3,811,266.19
t2,114,416.19>
-125
TOTAL REVENUE
19,432,050.00
17,687,448.29
1,744,601.71
9
RUN DATE /TIME: 16:13:56 04 May 2009
REPORT ID: comrevO?
FUND 1
Schedule
of Combined Expenses
03 -31 -09
ANNUAL
CURR YR
VARIANCE
VAR
BUDGET
Y -T -D
Y -T -D
PERSONNEL SERVICES
Salaries Unit
3,330,359.00
1,980,188.51
1,350,161.49
41
Salaries SC
1,051,509.00
517,640.61
533,868.39
51
Salaries Management
713,116.00
492,952.68
220,163.32
31
Salaries other
0.00
€1.00
0.00
-100
Fees Directors
56,183.00
29,298.71
26,884 29
48
Fringe Benefits Unit
1,512,348.00
754,653.68
757,694.32
50
Fringe Benefits SC
346,877.00
170,370.99
176,506.01
51
Fringe Benefits Management
209,170.00
128,145.26
81,024.74
39
Fringe Benefits Directors
27,004.00
17,027.49
9,976.51
37
Fringe Benefits Other
142,643.00
92,924.72
49,718.28
35
Total Personnel Services
7,389,200.00
4,183,202.65
3,205,997.35
43
Depreciation
0.00
2,625,830.84
c2,625,830.84a
-100
Total Depreciation
0.00
2,625,830.84
s2,625,830.84>
-100
SUPPLIES & SERVICES
AMP Lease
0.00
0.00
0.00
-100
Communications
251,690.00
181,640.83
70,049.17
28
Contractual Services
807,159.00
476,625.90
330,533.10
41
Data Services
282,417.00
30,162.36
252,254.64
89
Dues & Memberships
31,585.09
20,126.27
11,458.73
36
Election Expense
39,999.00
37,789.15
2,209.85
6
Fees & Permits
44,617.00
26,516.12
181100.88
41
Insurance
303,940.00
228,958.16
74,981.84
25
Legal/Settlement Agreements
0.00
0.00
0.00
-100
Maintenance
618,281.00
655,386.11
¢37,105.11a
-6
Non Capital Equipment
209,945.00
58,566.73
151,378.27
72
Office Expense
60,672.00
26,754.48
33,917.52
56
Rental Lease
0.00
0.00
0.00
-100
Professional Services
622,021.00
261,577.49
360,443.51
58
Training
87,643.00
15,230.22
72,412.78
83
Travel & Conferences
59,343.00
16,844.37
42,498.63
72
Uncollectible Accounts
19,499.00
0.00
19,499.00
100
Collection Agency Fee
1,000.00
0.00
1,000.00
100
Utilities
63,920.00
19,216.00
44,704.00
70
Vehicle
269,369.00
238,272.85
31,096.15
12
Job Closing Expenses
0.00
52,802.33
¢52,802.33a
-100
Unbudgeted Expenses
0.00
0.00
0.00
-100
FUND 1
Schedule of Combined Expenses
03 -31 -09
ANNUAL CURR YR VARIANCE VAR
BUDGET Y -T -D Y -T -D $
Total Services & supplies 3,773,100.00 2,346,469.37 1,426,630.63 38
VARIABLE WATER COSTS
Fuel & Power Pumping
1,350,000.00
1,173,608.27
176,391.73
13
Ground water Replenishment
3,706,500.00
2,168,976.77
1,537,523.23
41
Purchased Water
6,100,000.00
4,283,490.45
1,816,509.55
30
Readiness /Connection Charge
0.00
282,226.86
<282,226.867
-100
Total Variable Water Costs
11,156,500.00
7,908,302.35
3,248,197.65
29
TOTAL OPERATING EXPENSE
22,318,800.00
17,063,805.21
5,254,994.79
24
NON - OPERATING EXPENSE
Other Expense
0.00
152,339.99
<152,339.997
-100
955 Security Vulnerability
0.00
0.00
0.00
-100
Interest Exp on Long -term Debt
0.00
1,558,296.72
¢1,558,296.72
-100
Total Non - operating Expense
0.00
1,710,636.71
¢1,710,636.71
-100
Total Expenses
22,318,800.00
18,774,441.92
3,544,358.08
16
RUN DATE /TIME: 16:14:12 04 May 2009
REPORT ID: comexp07
Operating Revenues:
Metered water sales
Sewer maintenance charges
Construction water sales
Irrigation sales
Other
Customer service fees
Rents and royalties
Outside District water sales
Unmetered water sales
To: "Restricted for Debt Serv"
Total Operating Revenues
Operating Expenses:
Variable water costs
Personnel services
Depreciation
Supplies and services
Total Operating Expenses
Operating (Loss)
FUND 2
Schedule of Revenue & Expense
03- -31 -09
ANNUAL CURR "SCR "VARIANCE VAR
BUDGET Y -T -D Y-T -D �
0.00
0.00
0.00
-100
1,246,550.00
935,588.62
310,961.38
25
0.00
0.00
0.00
-100
0.00
0.00
0.00
-100
3,300.00
3,836.22
<536.22>
-16
0.00
0.00
0.00
-100
0.00
0.00
0.00
-100
0.00
0.00
0.00
-100
0.00
0.00
0.00
-100
0.00
0.00
0.00
-100
1,249,850.00
939,424.84
310,425.16
25
0.00
0.00
0.00
-100
730,800.00
467,830.22
262,969.78
36
564,200.00
402,316.65
161,883.35
29
339,600.00
308,074.39
31,525.61
9
1,634,600.00
1,178,221.26
456,378.74
28
¢384,750.00n
¢238,796.42>
c145,953.58>
38
FUND 2
Schedule of Revenue & Expense
03 -31 -09
ANNUAL
CURB YR
VARIANCE
VAR
BU'DGE'T
Y -T -D
Y -T -D
$
Nonoperating Revenues:
Property taxes - debt service
0.00
0.00
0.00
-100
Property taxes - operations
66,000.00
0.00
66,000.00
100
Interest income
17,000.00
7,786.58
9,213.42
54
Other revenue
5,000.00
12,128.85
<7,128.85a
-143
Rev Restricted for Debt Sery
0.00
0.00
0.00
-100
Total Nonoperating Revenues
88,000.00
19,915.43
68,084.57
77
Nonoperating expenses:
Interest expense
0.00
0.00
0.00
-100
Security Vulnerability Exp
0.00
0.00
0.00
-100
Other expense
0.00
1,550.87
<1,550.87>
-100
Total Nonoperating Expenses
0.00
1,550.87
¢1,550.87
-100
Income (Loss) before
Capital Contributions
¢296,750.00a
e220,431.86n
¢76,318.14a
26
Capital Contributions
251,000.00
790,879.68
¢539,879.68>
-215
Change in Net Assets:
<45,750.O0a
570,447.82
<616,197.82a
1346
RUN BATE /TIME: 10;05:10 05 May 2009
REPORT ID: revexp07
FUND 2
Schedule of Combined Revenue
03 -31 -09
OTHER
Damages /Relocation
Miscellaneous Billing
Other
Total
SEWER MAINTENANCE CHARGES
Sewer Rate Charge
City Maintenance Charge
Maintenance Assesement
F.O.G. fees
Collection Fees - Placentia
Total
CUSTOMER SERVICE CHARGES
Customer Service Charges
Back Flow Charges
Total
Rents & Royalties
Total Operating Revenue
0.00
ANNUAL
CURR YR
VARIANCE
VAR
99.00
BUDGET
Y -T -D
Y-T -D
1,487.22
OPERATING REVENUE
-100
0.00
1,586.22
¢1,586.22a
WATER SALES
1,141,650.00
871,005.14
270,644.86
24
Residential. Water
0.00
0.00
0.00
-100
Combined Demand
0.00
0.00
0.00
-100
Commercial
0.00
0.00
0.00
-100
Fire ]Detector
0.00
0.00
0.00
-100
Landscape Water
0.00
0.00
0.00
-100
Irrigation
0.00
0.00
0.00
-100
Other Water Sales
0.00
0.00
0.00
-100
To; "Restricted for Debt Serv"
0.00
0.00
0.00
-100
Total
0.00
0.00
0.00
-100
OTHER
Damages /Relocation
Miscellaneous Billing
Other
Total
SEWER MAINTENANCE CHARGES
Sewer Rate Charge
City Maintenance Charge
Maintenance Assesement
F.O.G. fees
Collection Fees - Placentia
Total
CUSTOMER SERVICE CHARGES
Customer Service Charges
Back Flow Charges
Total
Rents & Royalties
Total Operating Revenue
0.00
0.00
0.00
-100
0.00
99.00
¢99.00
-100
0.00
1,487.22
[1,487.22
-100
0.00
1,586.22
¢1,586.22a
-100
1,141,650.00
871,005.14
270,644.86
24
0.00
0.00
0.00
-100
104,900.00
64,583.48
40,316.52
38
0.00
0.00
0.00
-100
3,300.00
2,250.00
1,050.00
32
1,249,850.00
937,838.62
312,011.38
25
0.00
0.00
0.00
-100
0.00
0.00
0.00
-100
0100
0.00
0.00
-100
0.00
0.00
0.00
-100
1,249,850.00
939,424.84
310,425.16
25
FUND 2
Schedule of Combined Revenue
03 -31 -09
ANNUAL
CURB YR
VARIANCE
VAR
BUDGET
Y -T -D
Y -T -D
�
NON - OPERATING REVENUE
Taxes & Assesements
66,000.00
0.00
66,000.00
100
Interest
17,000.00
7,786.58
9,213.42
54
Other Revenue
5,000.00
12,128.85
c7,128.85>
-143
Rev Restricted for Debt Sery
0.00
0.00
0.00
-100
Total
88,000.00
19,915.43
68,084.57
77
TOTAL REVENUE
1,337,850.00
959,340.27
378,509.73
28
RUN DATE/TIME: 16:13:56 04 May 2009
REPORT ID: comrev07
FUND 2
Schedule of Combined Expenses
03 -31 -09
ANNUAL CURR YR VARIANCE VAR
BUDGET Y -T -D Y -T -D %
PERSONNEL SERVICES
Salaries Unit
329,376.00
226,538.15
102,837.85
31
Salaries SC
103,997.00
52,592.95
51,404.05
49
Salaries Management
70,525.00
57,979.04
12,545.96
18
Salaries Other
0.00
0.00
0.00
-100
Fees Directors
5,557.00
2,845.23
2,713.77
49
Fringe Benefits Unit
149,573.00
86,395.58
63,177.42
42
Fringe Benefits SC
34,311.00
20,527.72
13,783.28
40
Fringe Benefits Management
20,688.00
13,434.97
7,253.03
35
Fringe Benefits Directors
2,670.00
1,555.33
1,114.67
42
Fringe Benefits Other
14,103.00
5,961.25
8,141.75
58
Total Personnel Services
730,800.00
467,830.22
262,969.78
36
Depreciation
0.00
402,316.65
¢402,316.65
-100
Total Depreciation
0.00
402,316.65
¢402,316.65>
-100
SUPPLIES & SERVICES
AMP Lease
0.00
0.00
0.00
-100
Communications
22,545.00
34,866.00
7,679.00
34
Contractual Services
72,676.00
66,429.85
6,246.15
9
Data Services
25,427.00
852.22
24,574.78
97
Dues & Memberships
2,845.00
2,007.52
837.48
29
Election Expense
3,601.00
3,737.39
a136.39>
-4
Fees & Permits
4,019.00
2,708.57
1,310.43
33
Insurance
27,365.00
22,644.22
4,720.78
17
Legal /Settlement Agreements
0.04
0.00
0.00
-100
Maintenance
55,669.00
32,047.95
23,621.05
42
Non Capital Equipment
18,900.00
3,524.79
15,375.21
81
Office Expense
5,463.00
2,646.07
2,816.93
52
Rental Lease
0.00
0.00
0.00
-100
Professional Services
56,004.00
26,442.32
29,561.68
53
Training
7,892.00
4,298.26
3,593.74
46
Travel & Conferences
5,342.00
1,381.02
3,960.98
74
Uncollectible Accounts
1,755.00
0.00
1,756.00
100
Collection Agency Fee
90.00
0.00
90.00
100
Utilities
5,755.00
157.42
5,597.58
97
Vehicle
24,251.00
45,602.35
¢21,351.35a
-88
.lob Closing Expenses
0.00
78,728.44
<78,728.44a
-100
Unbudgeted Expenses
0.00
0.00
0.00
-100
FUND 2
Schedule of Combined Expenses
03 -31 -09
ANNUAL CURR YR VARIANCE VAR
BUDGET Y -T -D Y -T -D %
Total Services & supplies 339,600.00 308,074.39 31,525.61 9
VARIABLE WATER COSTS
Fuel & Power Pumping
0.00
0.00
0.00
-100
Ground Water Replenishment
0.00
0.00
0.00
-100
Purchased Water
0.00
0.00
0.00
-100
Readiness /Connection Charge
0.00
0.00
0.00
-100
Total Variable Water Costs
0.00
0.00
0.00
-100
TOTAL OPERATING EXPENSE
1,070,400.00
1,178,221.26
r107,821.26>
-10
NON - OPERATING EXPENSE
Other Expense
0.00
1,550.87
e1,550.87>
-100
955 Security Vulnerability
0.00
0.00
0.00
-100
Interest Exp on Long -term Debt
0.00
0.00
0.00
-104
Total Nan - operating Expense
0.00
1,550.87
c1,550.87a
-100
Total Expenses
1,070,400.90
1,179,772.13
c109,372.13>
-10
RUN DATE /TIME: 16:46.33 04 May 2009
REPORT ID: comexp07
Meeting Date:
To:
From:
Presented By:
Prepared By:
AGENDA REPORT
May 28, 2009
Board of Directors
Ken Vecchiarelli, General
Manager
Budgeted
Funding Source:
Diane Cyganik, Finance Director Dept:
Reviewed by Legal:
Sandi Van Etten, Senior CEQA Compliance:
Accountant
Subject: Investment Report for Quarter Ending March 31, 2009
SUMMARY:
ITEM NO. 6.6
N/A
N/A
Finance
N/A
N/A
Government Code Section 53607, et, seq., requires the person delegated to invest funds to make a
quarterly report of the investments to the legislative body. Staff is submitting the report for the
quarter ending March 31, 2009.
STAFF RECOMMENDATION:
That the Board of Directors receive and file the investment report for the quarter ending March 31,
2009.
COMMITTEE RECOMMENDATION:
The Finance - Accounting Committee has reviewed and discussed the Investment Report and
supports staff's recommendation.
DISCUSSION:
Government Code Section 53607, et, seq., requires the person delegated to invest funds to make a
quarterly report of the investments to the legislative body.
The average portfolio yield for total investments excluding Wells Capital is 0.19% compared to the
March 2008 yield of 2.29 %. The average portfolio yield including Wells Capital is 0.70 %.
The average number of days to maturity as of March 31, 2009 equaled 127 days, and the average
term for the portfolio totaled 42 days.
The Water Fund net investments excluding the annexation fund, reserve funds and restricted
revenue funds are ($5,122,594), as compared to prior year investments at this point in time of
($1,929,545).
The operating fund interest earned in the month of March 2009 is $391 . Total operating fund
interest received for fiscal year 2008/2009 is $5,546. The operating fund investment interest
comparison is listed in the attached report.
ATTACHMENTS:
Name:
Invst Rpt 3- 09.xls
Invst Rpt Qtr 3 -09 discussion.doc
Description:
Invst Rpt 3 -09 by bank
Quarterly Invst Rpt 3 -09 discussion
Type:
Backup Material
Backup Material
Yorba Linda Water District
Investment Portfolio Report
March 31, 2009
Market % Percent Investment Maturity
Value Cost of Total Institution Yield Date Date
Cash & Checking Accounts:
$ 302,664 $ 302,664 Wells Fargo Bank N/A
1,200 1,200 Imprest Cash
$ 303,864 $ 303,864 0.64% Total 0.00%
Money Market Accounts:
$ 178,408 $ 178,408 Wells Fargo Money Market 0.35% N/A
- - Wells Fargo MM/Annexation 0.35%
$ 178,408 $ 178,408 0.38% Total 0.35%
$ 482,272 $ 482,272 1.02% Sub -total 0.13%
California Asset Mgmt. Program:
$ 6,679,171 $ 6,679,171 14.14% California Asset Mgmt. Program 0.89% N/A
Money Market Account:
$ 24,174,655 $ 24,174,655
0 0
$ 24,174,655 $ 24,174,655
$ 31,336,098 $ 31,336,098
US Bank 2008 Revenue Bond 0.00%
US Bank 2003 Revenue Bond 0.00% N/A
51.19%
66.36% Sub Total Investments
0.00%
0.19%
Individual Management Account:
$ 15,924,430 $ 15,887,760 33.64% Wells Capital Management 1.69% N/A
$ 47,260,528 $ 47,223,858 100% Total Investments 0.70%
Per Government Code requirements, the Investment 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
six months.
a* CC yalu v6e_�
Sandi Van Etten, Senior Accountant
3/31/2009
Investment Report Summary
The operating fund investment interest comparison is as follows:
Actual for the Months of
03/31/08
03/31/09
Monthly Interest
$ 956
$ 391
Year to Date
$27,268
$ 5,546
Fiscal Year
2007/2008
2008/2009
Interest Budget — annual
$86,000
$64,500
Interest earned on investments is recorded in the Fund that owns the investment.
Investment Summary Comparison
The distribution of investments by fund for March 2009 is as follows:
Fund Description Balance 03/31/09
Annexation
9,355,086
19.78%
Water operating
- 10.83%
Water R &R
2,045,075
4.33%
Water Capital Projects
149,500
0.32%
Restricted for debt service
662,572
1.40%
COP Bonds 2003
228,242
0.48%
COP Bonds 2008
23,946,413
50.64%
Sewer Operating
1,412,316
2.99%
Sewer R &R
306,904
0.65%
Sewer Capital Projects
188,389
0.40%
ID1
4,457,153
9.43%
ID2
9.655.724
20.42%
47,284,780 100.00%
Meeting Date:
To:
From:
Presented By:
Prepared By:
Subject:
SUMMARY:
AGENDA REPORT
May 28, 2009
Board of Directors
Ken Vecchiarelli, General
Manager
Budgeted
Funding Source:
Gina Knight, Human Resources Dept:
Manager
Reviewed by Legal:
ITEM NO. 6.7
N/A
N/A
Administration
N/A
Gina Knight, Human Resources CEQA Compliance: N/A
Manager
Damage Claim Filed by Nelda E. Wamsley on Behalf of William C. Wamsley,
The District received the attached claim seeking reimbursement for property related damages
resulting from lime /white film on claimant's glasses, dishes and inside dishwasher. The claimant
alleges damages were incurred as a result of the District not notifying claimant that their water
supply was now coming from another area (source) and was hard due to the lime and magnesium
in the water.
STAFF RECOMMENDATION:
That the Board of Directors reject the claim.
COMMITTEE RECOMMENDATION:
The Personnel /Risk Management Committee discussed this item at its meeting held May 11, 2009
and recommends that the Board of Directors reject the claim.
DISCUSSION:
On April 21, 2009, the District received a claim from Nelda E. Wamsley on behalf of Mr. William C.
Wamsley in the amount of $596.20 as reimbursement for expenses incurred to purchase and install
a new dishwasher and for the initial service call. The claimant alleges had she received timely
notification from the District of the change in water hardness and information about a solution to
remove the white film from her glasses, then the claimant would not have incurred unnecessary
expenses and would not have thrown out a perfectly good dishwasher.
During the latter part of last year, MWD discontinued blending water from the State Water Project
and the Colorado River and only provided Colorado River water from the Diemer Plant because of
the on -going drought conditions and legislative restrictions on pumping water from the Sacramento -
San Joaquin Bay Delta. This change increases the concentration of total dissolved solids in MWD
water which may increase the occurrence of spotting on glassware and leave a white film on other
surfaces. District staff have suggested to callers complaining about the spotting to use Lemi Shine
or a similar product to remove the residue that is left behind after washing /rinsing.
Mrs. Wamsley contacted District staff after she had already taken action to replace her dishwasher
and found the problem persisted even with a new dishwasher. When staff suggested adding a
softening product to the rinse cycle, her problem was resolved. Staff investigated and reviewed the
submitted claim and recommends the claim be rejected.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors reviews all claims not settled by staff. Any claims and accompanying staff
reports are presented to the Board of Directors for consideration as they are received.
ATTACHMENTS:
Description:
William_Wamsley5- 2009.pdf Claim Form
PLEASE CONTACT YLWD RECORDS DIVISION
FOR THIS ATTACHMENT
(714) 701-3101
records@ylwd.com
AGENDA REPORT
Meeting Date: May 28, 2009
To: Board of Directors
From: Ken Vecchiarelli, General
Manager
Presented By: Steve Conklin, Engineering
Manager
Prepared By: Scott Moulton, Consultant
Budgeted:
Total Budget:
Cost Estimate:
Funding Source:
Account No:
Job No:
Dept:
Reviewed by Legal:
CEQA Compliance:
ITEM NO. 7.1
Yes
$300,000
$300,000
District & Developer
Funds
1012700
200803
Engineering
Yes
N/A
Subject: Fairmont Site Improvement Agreement with Shapell Industries
SUMMARY:
The purpose of the Fairmont Site Improvement Agreement is to document improvements at the
Fairmont Booster Pump Station site that have been requested by Shapell Industries and by the
District. The agreement formalizes the responsibilities of the respective parties for funding the
design and construction of these improvements.
STAFF RECOMMENDATION:
That the Board of Directors authorize the President and Secretary to execute the Facilities Finance,
Design and Construction Agreement with Shapell Industries, Inc. for the Fairmont Site
Improvements.
COMMITTEE RECOMMENDATION:
The Planning- Engineering- Operations Committee discussed this item at its May 7 meeting and
supports staff recommendation.
DISCUSSION:
The District and Shapell have worked together over the years to plan and construct infrastructure
improvements required for the S &S development projects located around Fairmont Blvd and
Bastanchury Road. During this time, Shapell has suggested improvements at the Fairmont
Reservoir and Booster Pump Station that improve the appearance and blend with the design of the
community. Shapell has agreed to fund these requested improvements.
Along with the improvements requested by Shapell, the District saw an opportunity to benefit from
the construction timing by adding improvements and site maintenance that had been deferred. For
example, instead of only paving the new construction area, the improvements will include repaving
the existing worn pavement and fixing an existing drainage problem at the same time. Additionally,
the District recognized the value of constructing other site improvements at this strategically located
facility, which is located in the center of the District's service area. These improvements include a
warehouse to store materials and equipment such as a backhoe, a dump truck, mobile pumping
equipment and materials used during routine maintenance and emergency operations. The District
requested improvements would be constructed at the same time as the Shapell improvements and
at District expense.
District and Shapell representatives were asked to formalize the vision and the understanding for
how funding would be established. The two parties in consult with their respective legal counsels
have jointly developed the attached District - standard Facilities Finance, Design and Construction
Agreement ( FFDCA). The FFDCA identifies the scope of the Fairmont Site Improvements, defines
the obligations of the respective parties and provides for resolution of any disputes that may arise
during the project development and construction.
The FFDCA describes $443,483 in improvements for the Fairmont Site with an agreed cost - sharing
of 41.3% by Shapell and 58.7% by YLWD. A summary of the improvements is shown in Exhibit A.
The full scope of the improvements including a cost estimate is shown in Exhibit B and a site plan
showing the improvements is attached as Exhibit C. The Exhibits are attachments from the FFDCA
and are provided here for reference. Design of the improvements was funded initially by Shapell
and is now complete. The cost estimate from this design was used to determine the cost share split
and reimbursement to Shapell for the District's share of the design costs. The FFDCA calls for
Shapell to construct the improvements with appropriate approval, review, control and inspection by
YLWD.
PRIOR RELEVANT BOARD ACTION(S):
A Pre - Annexation Agreement with Shapell Industries, Inc. was approved by the YLWD Board of
Directors on July 25, 2006.
ATTACHMENTS:
Description:
Type:
Exhibit A: Fairmont Site Improvements Cost & Share
Exhibit _A Summar�Fairmont _Site_Improvements.pdf Exhibit
Summary
Exhibit B Fairmont Site Improvements Full Cost Details.pdf Exhibit B: Fairmont Slte Improvements Detail of Exhibit
Costs Spreadsheet
Exhibit C Fairmont Site Improvement Layout.pdf Exhibit C: Fairmont Site Improvement Layout Exhibit
Fairmont_Agreement.doc FFCDA Fairmont Site Improvement Agreement Agreement
EXHIBIT A
FAIRMONT SITE IMPROVEMENTS COST & SHARE SUMMARY
IMPROVEMENT
EXISTING BUILDING
UPGRADES
BUILDING ADDITION
GARAGE
OFFSITE COSTS
GRAND TOTAL
% SHARE
Note: full details of the costs are
shown in Exhibit B.
S&S SHARE
$21,502
$88,111
$0
$73,653
$183,266
41.3%
58.7% 100.0%
COMMENT
YLWD pays for concrete storage
bins and electrical upgrades.
Addition paid by S &S.
Garage paid by YLWD.
Split offsites 50150 with the
following exception. YLWD to be
100% responsible for 5150 sq. ft.
of the AC and drainage line items
#100, 102, 103 and 130 ft of 101
in Exhibit B.
Value engineering reduced the
total costs by $24,542. (Concrete
roof, Type "B" building, etc.)
11612009 Q 4:30 PM
AIRMC T BOOSTER STATION SITE IMPROVEMENTS
Detail of Costs Spreadsheet
_ ± -c I CC: y
SHAPELL
1 204
CONCRI,TI STOR.AGF FANS
S
20,941M S 2, ,941.041
14,511.00
2 230
F.LECI'Kfi:Al.SW'i ] {:HQF:AR ANL7 UPGRADES
- -
S
6,200.00 f
6,2.w_.Io
WS
3' 240
F1. Ati IEICING.'6 I Ucc0 _
—
$
6,900.00
S
6.90000
4 234 _ —
RUOFIYG. US . CONCitE7E ROOF TILE,
S
9,i32,P7 --
-- -- - - -f
9,532.00
5 20S
STRUC -LRAL STET'..
S
4,070.00 ]
S
4,070.00
6
_ _
it:11- I -01AL CONSTRUC-HON ")%E; S
47,.543X0 S
17, 4L_'C0 $ 20,6172.00
7' 201
_
ARCHITECTURE
204
CONCR;::I;:: :OUNDAT'ION .� _....
S
6,248.00
8: 297
CON 1- 191GENC[ES
S
1,00[1.00 [ S
- S
1,0D0.00
91
CONSULTANT - (E- ECTRICAL)
$
i S
S
-
10; _
CC)N$EILTAN7- [FI�'•1C7`ITf.F 24]
$
- -- --
- ':s
- S
-
11�
CONS { ;[;PANT- (POST - TENSION)
S
_.- �....$ .
12.00
38,
2 CONSULTANT - (STRUC 1-URAL) S ;s - S
31 SUO -TOTAL SOFT COS F: S 1,000.00 is S 7000.{10
4 GRAND TOTAL (UPGRADES): S 48,E+4.3F,00 S 27,041.100 1 S 21.502.00
5
6 ADDITION
7' 258 C:ABfNETS S 1.160.00. � 5 1.16000
181 245 _ ,,.CARPENTRY+TINISH S 3,562X0: $ - 3 6100
19:
220
CARPENTRY ROUGff- LAI30R& MAIL
S
14,511.00
$
14,511.00
20'
221
CARPFNTRYROU(;FI- LUW.RFR -� -�- --
WS
5,4{19.00
—
4&
5,46900
.1'
222
CARPENTRI ROUGNTRUSSES
f
-- .- ..---
3
-.� -�S
S
3,150.00
22
259
CEiR,1M]C 7TLF
f
450bO
S
470.00
23
280
CLEAN -UP ROUGH & FFNISFI
s
1,500.00
S
1.5'wD0
24
204
CONCR;::I;:: :OUNDAT'ION .� _....
S
6,248.00
5
6,248.00
2,;
301
:' )NCRETF ALTERNATI% - - ....._ ..._ _
S
3,000 -00 ..__
Is
3.00000
26:
241
CIRYWALI.
$
2,450,00
f
_
2,450.00
27
2L5
FLECTRICAL FIXTURES
f
125.00
1. S
12.00
38,
230
___ -- -- _ - _
ELECFRIC.AL VAR134G
S
_. -
5,358 -00
-- —
$
5,358 -00
29
272
FLOORS
$
1,170.00:
$
2,17000
30
206
GUTTERSA)l7WNSPOUT'
S
400.00
S
400.00
31
146
IIARDWARF, Fk6t
S
l,i 10.00:
S
1,110.00
31
231
HT A 11 N & AIR COVD ZONING f �.
m�. S
%275_00
S
3 75 00
33.
235
_ Ii SULAT:0 ,
S
49540
S
48500
34
242
OPUNAM&NTAL IRON
— E
265.00 ,
s
265.00
35
257
- PAINTING _
_._.,..._, _... $
2.25000 _vY
. S
2,25000
36
I40
PI.ASTERIN(WS"[1JCC0
S
7,61000
$
3.610.00
37
217
PI.UMBTNG
S
7,385.00
$
7,38500
38
234
:ROOFING - Included in F•alsnng Bu:l4mg Upgrades Rw -,q C-L
S
-
s
-
39.
281
SITWGR H(]US: -. CONNECTIONS
S
1,0W.00
: 3
1.000.00
40
233
SHEET METAL.
S
529OO
S
529.00
41
268
WEATf-113R$TR[PPINC
S
100 CO!
S
10000
42
2.51
WINDOWVSi II.Ywi 60ORS
S
7 •b
431 SL fLTCYI'Ai, CC)NSTRUCIIGIYCOST: 5 7D,298XD S 70,29$,00
44: 201_
ARC[313ECIURE
8,659.56
45,
REVISE ARCI111-EC17:RE TO MEET CDC UPDAI E
221
46, 297
CONTIVGFTCI1-1;
9
47_
CONSULTANT - (F1,rCRICAL)
S
—
4&
CONSULTANT ; HVAC/TITI.F.24D
....C(7HSULTAN7
S
49
p-
- [POST- T_ENS10N1...._.w�_�.
_
S
501 _
CONSULTANT - (STRUCT URAL)
g
51 � 200 _
SCHIX)L FEES [53.55 per Sy.. Fs.)
S
5_
241
DRYWAI. L- TYPT;' S' ST ]t'JCTURE- NDIIIRDRYWALL(- 51250)
SUB-TO_TAL SOFT COST: S
53
631
265
GRAND TOTAL {ADDIT10N): S
S 200.W S
200.00
641
230
54
S 3,685.00 S
3,686.0D
651
55
GARAGE
$ 8,477,00 $
8.477.00:
561 245
206
OUrrER5IPOWNS POI.T
56
_TS- -
3
8,659.56
D
58:
221
_ 3,00U.G0
, S
3.000.D0
1,279.20
5
1279.20
].69L' W ;
1 S
1,690.00
5(k1.00
$
500.00
1.300.00
---
_
. 5
1,300.00
1.38450
S
!.384.50
1.26
11.26
57'
220
(�ARPFA :_PLY ROUGII- LiLROR_ . �.. ..
S 21 j60 $ 21,560,00 .
58:
221
C.AKPf: Ni. KYROUGH- LUMBER �E
8,205.00 S
8,70500
59�
222_
CARPENTRY ROI,3GIi- 7RUSSFS
- -- — —
S 3,60_0.00 $
3,600.00
60,
2S0
I. AU -JE' Wp .C,II& FTNNS i
$ 3,D040D S
1,000.00
6 1
204
L..��11 -K- ITT -, FOUNDATION
3 13.842.00 5...
13,84200...
62
241
DRYWAI. L- TYPT;' S' ST ]t'JCTURE- NDIIIRDRYWALL(- 51250)
$ 57350.00, S
5,35000.
631
265
ELECTRICAL. FIXTURES
S 200.W S
200.00
641
230
ELEC 1-R1CAL W'LRING
S 3,685.00 S
3,686.0D
651
236
GARA61- DOORS, COMMER. ROT. €. -UP
$ 8,477,00 $
8.477.00:
661
206
OUrrER5IPOWNS POI.T
S 70000 S
700,00 i-
671
246
WAPDWARF FINISH
S 250.00 S
250.00
68' 175 -_
INS WAT]ON- LIAMINATEDBY5'LWD
5 is
;
64
257
PATNd7Nf,_
E 2,685.00 8
2,685.00
70'
202
P1:Ii�131 5 AND FEES _
S 2,709.88 1 S
2,7[)],88
71
PLAST UNGISTUCCO
,9]5:5
S 6 X0
721
_2_40
234 -
- ROOFING - UST CONCRETE ROOF TILE - - —�
- S i,76-0-0 —S
3,783 00
73
233
SHEET METAL - -- - - _.
S.... -66600 S
66600' .
74:
208
STR66CRA- S'T'EEL
1 8,568 00 S
8,568.00
75
268
WEATFIFUTRIPPING .. ,.wW
S 100.00 S
'.
10000
76
SU3•T0 'I A 1. CONSTRUCTION COST:
- S 92,676.88 S
92A76,8-9
EXH,311' B cont hued
=A:R ONT BOOSTER STATION SATE MPROVEMENTS
Detail of Costs Spreadsheet
77 261 ARCI- =CTURP.
97
24,646'6 5 5
24. 20,546.44
78. .91 CCINMNIGENCIUS
S
2,000.(0 a
8 F
791 CONSULTANT - (ELECTRICAL)
5
3,640.80 $
3,raC,80;
S 92000
so n, CONS IJTTANT - (HV'ACrT I E'L E 24)
S
4.810.00 $
4,81000
S 55000 S
81` CONSULTANT- (POST-TEN SION'
s
75U.00 S
750 -60 1
$ 5,180.00 S
82 CONSULTANT - (STRUCTURAL)
5
370000: $
3,70.00
S 23.00 $
83
SUB-TOTAL SOf f COST: S
19,547.2,547.2;
300 C
CY $
84
GRANT] TOTAL GARAGE: S
132,224.12 S
132,22112
1K �
8�
-
-
S 11,370,00 5
5 9,OL2.56 S
S 2-07.90
16
8b ON-SITE COST SU 1)�h AM
8^ E(sTNG HilAIVG UPGRADES
48,64]6 $
27,0-41.w.0.
_....,.x.2.. 0 0
88 ADDITION
S
88,111.26 S
- 5
88,111.26
89 NEW GARAGE ,.
S
-
132,224.12 S
. -,_.
132.224.12 S
-
90
-
TOTAL: S
268,878.38 IS
159.266,I2 1 S
109,613.26
91
S 5. B1,52 T
T 2540.7ti S
S 2,646 74
4 7 K �
92
3 L
LF S
S 20.04 S
S 67.27 1
93
S
5, 8 1
1:a F
F' &[ 0" Cvfb CSn1 8
94 OFFSITE COST ESTIMATE
1 LF S
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EXHIBIT C
FAIRMONT SITE IMPROVEMENT LAYOUT
RESERVOIR
.. ... ... ... ... .. ... ... ... . . . ... .. ... . ... ... ... . . . ... ... ... -------
15-y- AUTO aIDIF
SEX. PROPANE TANK
EXISTING XISTING NEW 13 PUMP
STATION
AUTO SLIDE
GATE
PROPOSED 6• HT.
BLACK WALL
IEWADDITION
NORTH
FAIRMONT BOULEVARD
1 S' ALPTO SLIDE
GATE -
RESLRV
PREPARED BY: SCALE:
NO SCALE
YORBA LINDA WATER DISTRICT DATE:
FAIRMONT SITE IMPROVEMENT LAYOUT 04-15-09
1717 E. MIRALOMA AVENUE FILENAME,
PLACENTIA, CALIFORNIA 92870
0 (714) 701-3000 J -000803
FINANCE, DESIGN AND CONSTRUCTION AGREEMENT FOR
FAIRMONT BOOSTER PUMP STATION IMPROVEMENTS
THIS AGREEMENT ( "Agreement "), dated May _, 2009 is by and between
YORBA LINDA WATER DISTRICT, a local public agency, created and operating
under authority of Division 12 of the California Water Code ( "YLWD" herein), and
SHAPELL INDUSTRIES INC, a Delaware Corporation, ( "Shapell" herein), (YLWD and
Shapell are sometimes collectively referred to as "Parties" herein). The Parties do hereby
enter into the following agreement:
RECITALS
A. Shapell owns certain real property adjacent to and near YLWD's Fairmont
Booster Pump Station ( "Booster Station "). Shapell desires to develop its property
and desires the Booster Station to be compatible in landscape and design.
B. Shapell has offered to perform the work set forth in Exhibit B to this Agreement
at the Booster Station (collectively, the "Improvements ") in order to make it more
compatible in landscape and design to Shapell's property.
C. Shapell and YLWD desire to apportion the 1) "Design Costs," 2) "Construction
Testing, Oversight and Inspection Costs" and 3) "Construction Costs" for the
Improvements pursuant to the engineer's estimate set forth in Exhibits A and B to
this Agreement. According to Exhibit A, YLWD would be responsible for Fifty
Eight and Seven Tenths Percent (58.7 %) of the "Design Costs," "Construction
Testing, Oversight and Inspection Costs" and "Construction Costs" while Shapell
would be responsible for Forty One and Three Tenths Percent (41.3 %).
EXECUTORY AGREEMENTS
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties hereto agree as follows:
2/04/09 1
I. DESIGN OF IMPROVEMENTS
A. Design Costs
Design of the Improvements has been completed by Shapell at a cost of Thirty
Four Thousand Three Hundred and Six Dollars ($34,306) YLWD's share of the
costs for the design work performed is Twenty Four Thousand Six Hundred and
Forty Six Dollars and Forty -Four Cents ($24,646.44). Within twenty (20) working
days of the execution of this Agreement by Shapell and YLWD, YLWD shall
submit a payment to Shapell in the amount of Twenty Four Thousand Six Hundred
and Forty Six Dollars and Forty -Four Cents ($24,646.44) representing payment of
YLWD's share of the design work performed for the Improvements.
B. CEQA Costs
None.
II. CONSTRUCTION OF IMPROVEMENTS
A. Construction
Shapell, by a contractor duly licensed in the State of California ( "Contractor"
herein), shall cause the Improvements to be constructed in accordance with the
plans and specifications prepared or approved by YLWD. Contractor, and the
terms under which Shapell shall hire Contractor, including the price to be paid to
the Contractor for Construction for the Improvements, shall be submitted for
written approval by YLWD prior to Shapell's execution of a contract with
Contractor, which approval by YLWD shall not be unreasonably withheld. The
agreement between Shapell and Contractor shall provide that all construction shall
be performed in accordance with the plans and specifications prepared or approved
by YLWD for the Improvements and that the construction thereof shall, at
reasonable times, be subject to inspection by YLWD.
B. Construction Change Orders
Change order requests for work other than as described in the construction
contract discussed in Section II.A above must be approved by YLWD and Shapell.
With respect to each change order request, Shapell and YLWD shall come to an
agreement as to whether the Construction Costs split (as described in Section III.A
2/04/09 2
below) will be used as to the change order or whether a new split will be used for
the respective change order and how reimbursement, if any, will be accomplished.
C. Testing and Construction Oversight /Inspection
In conjunction with the construction of the Improvements, YLWD will incur
costs for materials testing, construction oversight and construction inspection,
including YLWD staff and outside consultant time (collectively, the "Construction
Testing, Oversight and Inspection Costs "). Shapell's share for the Construction
Testing, Oversight and Inspection Costs shall be Forty One and Three Tenths
Percent (41.3 %) while YLWD's share shall be Fifty Eight and Seven Tenths
Percent (58.7 %). Shapell shall reimburse YLWD for Shapell's Forty One and
Three Tenths Percent (41.3 %) share of the Construction Testing, Oversight and
Inspection Costs as documentation is received from YLWD. Reimbursement
requests for Construction Testing, Oversight and Inspection Costs to Shapell must
be substantiated with invoices, receipts and payment records for the Construction
Testing, Oversight and Inspection Costs. Shapell's reimbursement to YLWD shall
occur within twenty (20) working days of Shapell's receipt of the aforementioned
documentation for the Construction Testing, Oversight and Inspection Costs.
Provided, however, that the twenty working -day time period shall be tolled during
any dispute regarding the sufficiency of the documentation submitted by YLWD for
reimbursement.
C. Permits
Shapell shall acquire all permits required from the City of Yorba Linda and /or
other governing agencies for the construction of the Improvements and YLWD
shall reasonably cooperate as necessary to assist Shapell to acquire the permits.
D. Bond
Shapell agrees to provide, or require the Contractor installing or constructing
the Improvements to provide, a Surety Bond and warranty in favor of YLWD and
the Shapell in the amount of 100% of the contract price guaranteeing the
Improvements constructed under this Agreement against defects in workmanship
and materials. The Surety Bond, guarantee and warranty shall remain in effect for
one (1) year after the recording of the Notice of Completion, as described in Section
2/04/09 3
IV.A. The Surety Bond may be reduced to ten percent (10 %) of the contract price
after the recording of the Notice of Completion. The Surety Bond shall further
guarantee that if any defect in workmanship or materials is discovered within the
guarantee period, the Improvements will be restored to full compliance with the
requirements of this Agreement and the contract documents, including test
requirements, for the portions of the Improvements found detective.
E. Use of Improvements
Use, in whole or in part, of the Improvements constructed under this
Agreement (including use and exercise of control by YLWD) prior to acceptance of
a Bill of Sale for the Improvements by YLWD shall not be construed as an actual or
constructive conveyance to YLWD nor shall such use constitute a waiver of any
section or provision of this Agreement.
F. Insurance
Shapell shall require each construction contractor retained by Shapell
providing construction services for the Improvements, except "construction
consultants" described below, to provide and maintain at all times during the
performance of this Agreement the following insurance: (1) commercial general
liability ( "CGL ") insurance, (2) automobile liability insurance, and (3) workers'
compensation and employer's liability insurance. Each contractor shall require any
subcontractor to provide insurance meeting the specifications required in this
Agreement.
Shapell shall require each construction consultant engaged by Shapell
providing professional services for the Improvements, including professional
engineers and other licensed professionals, to provide and maintain at all times
during the performance of this Agreement the following insurance: (1) CGL
insurance, (2) automobile liability insurance, (3) professional E &O insurance and
(4) workers' compensation and employer's liability insurance.
Shapell shall provide and maintain at all times during the performance of this
Agreement, the following insurance: (1) CGL insurance, (2) automobile liability
insurance, and (3) workers compensation and employer's liability insurance.
2/04/09 4
Each insurance policy required by this Section II.F shall have limits of not less
than $1,000,000 per occurrence. The CGL insurance policy shall also have a
$2,000,000 aggregate limit applied separately to the construction of the
Improvements. YLWD and Shapell shall be identified as named or additional
insureds on all insurance policies, except E &O insurance and workers
compensation and employer's liability insurance, and Shapell shall provide
certificates evidencing the same prior to its award of a contract for work on the
Improvements. All workers compensation and employer's liability insurance
carriers shall waive rights of subrogation against YLWD and Shapell, and Shapell
shall provide certificates evidencing the same prior to its award of a contract for
work on the Improvements. Each insurance policy shall provide coverage until: (a)
preparation, execution and recordation of the Notice of Completion described in
Section IV.A., (b) execution and delivery of the Bill of Sale described in Section
IV.A., (c) execution and delivery of any document required to transfer the
Improvements to YLWD and (d) acceptance of the Bill of Sale and the
Improvements by YLWD. In the alternative, the policy may provide coverage on a
"claims made basis" and shall continue in effect for four years after completion of
the Improvements as described in the foregoing sentence. For any claim related to
the Improvements, the insurance by the construction contractor or construction
consultant shall be primary insurance, and any insurance coverage maintained by
YLWD shall not contribute to such a claim. The insurance policies shall be
endorsed to state that coverage shall not be canceled except after 30 days prior
written notice by U.S. mail has been given to YLWD. All insurance policies shall
have an A.M. Best rating (or equivalent) of not less than A -. All insurance policy
limits or requirements may be waived or revised upon mutual, written consent of
YLWD and Shapell.
G. Indemnity
Shapell shall require each construction contractor retained by Shapell
providing construction services for the Improvements agree in writing to fully
defend, indemnify and hold harmless YLWD and Shapell, and their respective
officers, directors, employees, successors and assigns, from and against any and all
2/04/09 5
Claims for property damage, personal injury, or death arising out of the
construction work performed by said construction contractor, except for Claims
caused by the active negligence or willful misconduct of YLWD or Shapell,
respectively. Shapell also shall require any such construction contractor to fully
defend, indemnify and hold harmless YLWD and Shapell from any and all
liabilities, forfeitures or penalties arising from such contractor's violations of any
federal, state or local statute, rule or regulation, except to the extent such liabilities,
forfeitures or penalties are caused by the active negligence or willful misconduct of
YLWD or Shapell, respectively. Each construction contractor shall require any
subcontractor to agree in writing to indemnify to YLWD and Shapell as specified
herein.
Shapell shall require each construction consultant retained by Shapell
providing professional services for the Improvements, including professional
engineers, inspectors and other licensed professionals, to agree in writing to defend,
indemnify and hold harmless YLWD and Shapell, and their respective officers,
directors, employees, successors and assigns, from and against any and all Claims
for property damage, personal injury, or death arising out of their provision of
professional services for the Improvements, to the extent caused by their
negligence, errors or omissions, or other misconduct, except for Claims caused by
the active negligence or willful misconduct of YLWD or Shapell, respectively.
Shapell also shall require any such construction consultant to fully defend,
indemnify and hold harmless YLWD and Shapell from any and all liabilities,
forfeitures or penalties arising from such consultant's violations of any federal, state
or local statute, rule or regulation, except to the extent such liabilities, forfeitures or
penalties are caused by the active negligence or willful misconduct of YLWD or
Shapell, respectively.
Shapell also agrees to fully defend, indemnify and hold harmless YLWD from
any and all liabilities, forfeitures or penalties arising from any person or entity's
violation of any federal, state or local statute, rule or regulation, provided that the
acts or omissions that result in the liability relate to or arise out of construction of
the Improvements, except to the extent such liabilities, forfeitures or penalties are
2/04/09 6
caused by the active negligence or willful misconduct of YLWD, its agents or its
consultants.
Any person or entity providing defense or indemnity as specified herein shall
promptly defend YLWD and /or Shapell at its own cost, including payment of all
attorneys' fees, costs and litigation expenses. Any person or entity providing
defense or indemnity as specified herein shall promptly pay any judgment,
settlement, award, decree, fine or penalty assessed against YLWD and /or Shapell at
their own cost. Any person or entity providing defense and indemnity as specified
herein shall reimburse YLWD and /or Shapell for any and all legal expenses and
costs incurred in enforcing the defense and indemnity required herein. The
indemnification provided herein shall survive the termination or end of this
Agreement.
H. Public Works Laws
Shapell and each of Shapell's contractors and subcontractors shall comply
with all applicable Public Works and California labor standards required under
California laws. Shapell shall defend, indemnify and hold YLWD, its officers,
agents, employees and engineers harmless from any expense or liability which may
arise or is claimed to have arisen as a result of allegations of violation of applicable
Public Works and California labor standards required under California laws.
III. PARTIAL REIMBURSEMENT /CONSTRUCTION COSTS
A. Construction Shares
Shapell's share of the Construction Costs shall be Forty One and Three Tenths
Percent (41.3 %).i YLWD's share of the Construction Costs shall be Fifty Eight
and Seven Tenths Percent (58.7 %).
B. Reimbursement /Timing
YLWD shall reimburse Shapell for YLWD's Fifty Eight and Seven Tenths
Percent (58.7 %) share of the Construction Costs as documentation is received from
Shapell. Reimbursement requests for Construction Costs to YLWD must be
substantiated with invoices, receipts and payment records for the Construction
Costs. YLWD's reimbursement to Shapell shall occur within twenty (20) working
2/04/09 7
days of YLWD's receipt of the aforementioned documentation for the Construction
Costs. Provided, however, that the twenty working -day time period shall be tolled
during any dispute regarding the sufficiency of the documentation submitted by
Shapell for reimbursement.
C. Change Orders
The reimbursement amount to Shapell, if any, for work conducted pursuant to
a change order shall be at the rate agreed upon for each respective change order
pursuant to the procedure set forth in Section II.B above.
IV. COMPLETION OF IMPROVEMENTS
A. Notice of Completion
Upon completion of the construction of the Improvements and written
acceptance by YLWD, a Notice of Completion shall be prepared and signed by
Shapell and recorded with the County Recorder's Office of Orange County,
California. Shapell shall thereupon execute and deliver a proper Bill of Sale, on the
standard form of YLWD for the Improvements constructed therewith to YLWD its
successors and assigns. The Bill of Sale shall include a final statement reasonably
substantiated with invoices and receipts of the total Improvements' costs.
B. Acceptance of Improvements
YLWD agrees to accept the Improvements when they have been completed by
Shapell in accordance with the plans and specifications approved by YLWD and
upon the submittal of a proper Bill of Sale to YLWD. Acceptance by YLWD of the
Improvements shall not be unreasonably withheld. It is also understood and agreed
that upon YLWD's acceptance Shapell disclaims in favor of YLWD all right, title
and interest in and to the Improvements constructed pursuant to this Agreement and
that Shapell hereby covenants and agrees to execute and deliver to YLWD any
documents required to complete the transfer of the Improvements concurrently with
the acceptance thereof by YLWD. Shapell acknowledges Shapell's obligation to
complete the Improvements and transfer the same to YLWD.
' "Construction Costs" shall mean the costs for the work discussed in Section H.A.
2/04/09 8
C. Lien Waiver and Release
Shapell agrees that upon final payment to the Contractor after the date of
recording of the Notice of Completion with the County Recorder, Shapell will
obtain from the Contractor a Lien Waiver and Release in favor of Shapell and
YLWD and that the original of said Lien Waiver and Release shall be delivered to
YLWD.
D. Transfer of Work Responsibility
In the event that Shapell is unwilling or unable to comply with the terms and
obligations of this Agreement, it may, by providing ten (10) days written notice to
YLWD, request a meeting with YLWD to ascertain whether Shapell may be
relieved of its obligations under this Agreement in exchange for a one -time cash
payment to YLWD sufficient to complete the work contemplated under this
Agreement. YLWD and Shapell shall meet within ten (10) days of the receipt of
the notice by YLWD, or as soon as practical thereafter. At the meeting, YLWD and
Shapell shall ascertain what portion of the work contemplated under this Agreement
must reasonably be required to be completed in order to leave the Booster Station
site in an operational and presentable condition and whether Shapell may be
relieved of its obligations under this Agreement in exchange for a one -time cash
payment to YLWD sufficient to complete said work. Any agreement as to the
amount of the one -time cash payment or the terms under which Shapell shall be
relieved of its obligations under this Agreement is contingent on and must be
approved by YLWD's Board of Directors. Nothing in this Section IV.D shall be
interpreted to relieve Shapell of its obligations under this Agreement during the
discussion contemplated in this Section IV.D and Shapell is obligated to continue to
perform under the terms of this Agreement until and unless it is relieved of its
obligations by YLWD as set forth in this Section IV.D.
V. GENERAL PROVISIONS
A. Accounting
YLWD may commingle any advance of funds by Shapell with other funds of
YLWD for the purposes of deposit and /or investment. YLWD shall separately
2/04/09 9
account for the expenditures of each advance of funds by Shapell and shall provide
an annual accounting of same to Shapell.
B. Construction
This Agreement shall be governed by the laws of the State of California and
construed according to its plain meaning as if drafted by both owner and YLWD.
C. Integration
This Agreement is a fully integrated contract constituting the entire
understanding between YLWD and Shapell with respect to the matters set forth
herein. No prior oral or written understanding shall be of any force or effect with
respect to the matter set forth in this Agreement. This Agreement constitutes the
entire understanding between YLWD and the Shapell with respect to the matters set
forth herein. No oral order, objection, claim or notice by any party to this
Agreement shall affect or modify any of the terms or obligations contained herein
except by a waiver or modification thereof in writing and signed by the authorized
representative of YLWD and Shapell, or their authorized successors.
D. Amendment
This Agreement may be amended only in writing which must be executed by
each party to its successor.
E. Successors and Assigns
All of the terms, conditions and provisions of this Agreement shall inure to the
benefit of and be binding upon YLWD, Shapell, and their respective successors and
assigns. Neither party may assign its rights or delegate its obligations or duties
hereunder, in whole or in part, without the express written consent of the other
party, which consent shall not be unreasonably withheld, based upon reasonable
demonstration of the assignee's capacity to carry out the obligations assigned.
F. Notice
Any notice, payment or instrument required or permitted by this Agreement to
be given or delivered to either party shall be deemed to have been received when
personally delivered or seventy -two (72) hours after deposit of same in any United
States Post Office, registered or certified, postage prepaid, addressed as follows:
2/04/09 10
(a) SHAPELL INDUSTRIES INC., 22800 Savi Ranch Pkwy, Suite 100, Yorba
Linda, California 92887 Attn: Curt Thielbar.
(b) YORBA LINDA WATER DISTRICT, P.O. Box 309, Yorba Linda, California
92885 -0309, Attn: General Manager.
Each party can change its address for delivery of notice by delivering written
notice of such change of address to the other party within twenty (20) days of
such change.
G. Binding Arbitration
At the election of YLWD within thirty -six (36) days after service upon
YLWD of a civil action, YLWD may elect to submit this matter to binding
arbitration before the Judicial Arbitration and Mediation Services (JAMS), located
in Orange County. Upon submission of the matter to JAMS, it shall be the
obligation of YLWD's to obtain from JAMS a list of three (3) randomly selected
arbitrators familiar with construction law and to serve said list upon the Shapell. In
the event that there are more than two parties to the action, the number of arbitrators
randomly selected and included in the list shall be increased by two for each
additional party involved. Upon service of the randomly selected list of JAMS
arbitrators, each party shall have twenty (20) days to eliminate two arbitrators from
the list and return the list to the JAMS office. The arbitrator selected for the
arbitration shall be the remaining name on the list. Should more than one name
remain on the list, the JAMS office will randomly select from the names remaining
on the list, which individual will serve as arbitrator. Arbitration shall be scheduled
for hearing on the merits no later than six (6) months after the date the arbitrator is
selected.
All parties shall be permitted to conduct discovery as provided by the current
rules contained in the California Code of Civil Procedure. All costs of JAMS or of
the arbitrator for services shall be divided equally among the Parties, unless
otherwise ordered by the arbitrator. In an arbitration to resolve a dispute under this
provision, the arbitrator's award shall be supported by law and substantial evidence.
2/04/09 11
H. Severability
If any part of this Agreement is held to be illegal or unenforceable by a Court
of competent jurisdiction, the remainder of this Agreement shall be given effect to
the fullest extent reasonably possible.
I. Counterparts
This Agreement and any document required to be executed by the Parties
hereunder may be executed in several counterparts, each of which shall be deemed
and all of which shall together constitute, one and the same agreement or document.
IN WITNESS WHEREOF, The Parties have caused this Agreement to be executed
on the day and year first herein above written.
YORBA LINDA WATER DISTRICT, SHAPELL INDUSTRIES, INC.,
a local public agency a Delaware Corporation
By: By:
John Summerfield
President
Kenneth R. Vecchiarelli
Secretary
As to Form:
By:
McCormick, Kidman & Behrens, LLP
By Arthur G. Kidman
General Counsel
2/04/09 12
TBD
Vice President
By:
Margaret Leong
Vice President
RM
By
Legal Counsel to Shapell Industries, Inc.
Meeting Date:
To:
From:
Presented By:
Prepared By:
Subject:
SUMMARY:
AGENDA REPORT
May 28, 2009
Board of Directors
Ken Vecchiarelli, General
Manager
Steve Conklin, Engineering
Manager
Budgeted:
Total Budget:
Cost Estimate:
Funding Source:
Account No:
Job No:
Dept:
Reviewed by Legal:
Scott Moulton, Consultant CEQA Compliance:
Frontage Fees for Grandview Sewer Extension
ITEM NO. 7.2
Yes
$250,000
$285,000
Sewer Operating
Fund
2012700
200407
Engineering
Yes
N/A
The Grandview Sewer Extension, a District funded sewer construction project, was completed in
2007 at a cost considerably higher than was originally estimated in 2004. This project was one
component of a much larger construction project, which included several sewer and water pipeline
replacements and upgrades. The District realized an excellent cost savings overall in the combined
projects. Five homeowners who had paid an initial deposit toward the design and administration
costs of the Grandview Sewer Extension and were participating in the project initially, were
disenfranchised at the higher construction costs and longer interested in paying to connect at the
final costs incurred by the District.
With the lack of voluntary participation in this project and in response to repeated requests by the
property owners on Grandview that front this sewer, staff has identified options for cost recovery
and prepared a recommendation for the Board's consideration. Once approved, the frontage fees
for this project will establish the basis for invoicing one property owner that has connected without
permission and will be billed for all fees that are past due. Furthermore, with stronger cost
incentives, other property owners on Grandview Avenue may seek to connect to the sewer sooner,
thereby reimbursing some of the District's costs for this project.
STAFF RECOMMENDATION:
That the Board of Directors authorize a one -time exemption to the District's Rules and Regulations
for Sewer Service and establish an adjusted frontage fee charge for the Grandview Sewer
Extension, in the amount of $15,767.
COMMITTEE RECOMMENDATION:
The Planning- Engineering- Operations Committee discussed this item and recommends that the
Board authorize the President and Secretary to approve a one -time exemption to the District's
Rules and Regulations for Sewer Service and set an adjusted frontage fee charge for the
Grandview Sewer Extension at $15,767 for each of the 10 properties served.
DISCUSSION:
In 2007, the District constructed a 550 -foot extension of the sewer main in Grandview Avenue with
lateral connections that can serve 10 properties. The construction cost of $285,121 was twice the
estimate that was forecasted in February 2004. To get the project started, five homeowners
deposited $1,779 each as their portion of the design and administration fee in January 2005, and
the District covered the remaining cost in anticipation of future reimbursements. Exhibit A showing
the project limits and the initial participants is attached.
The homeowners that expressed interest in the project initially were no longer interested in
connecting after construction was completed due to the substantially higher costs per connection.
Both the construction and the other standard agency fees have risen considerably while property
values have depreciated since the start of this project. Originally, five homeowners agreed to
participate in the construction project in February 2004 when the estimate for construction was
$12,555 each. Some homeowners continue to request that they be charged based on the original
"estimated cost" of $12,555 per residence; however, this was never guaranteed by the District.
Legal counsel has reviewed this matter and concluded there was no guarantee stated or implied
regarding the final cost. The construction cost estimate was updated in January 2005 to $15,767
per resident when the initial design and administration fee deposits were collected from five
residents confirming their participation in the project with the higher estimate of $15,767. Based on
the final construction cost in 2007, the actual cost per residence would be $28,512 for the frontage
fee portion of their connection charges. This fee includes the combined design, construction,
inspection and administration costs for the project.
In addition to a prorated share of the construction costs for the sewer main and for the property
laterals within the public right of way, each property owner will incur additional expenses to permit
their sewer connection and to abandon their existing septic systems. These include construction
costs for the septic system abandonment and for the building lateral from the home or septic lines to
the street connection point; other standard fees due YLWD; fees collected by other agencies
including the Orange County Sanitation District and the City of Yorba Linda. Other than the
standard YLWD fees, these other costs and fees are outside the District's control. Staff estimates
these cost may be as high as $18,500 per connection.
Concerning the construction cost for the sewer main, it is a sunk cost for the District since it has
already paid for this capital improvement. However, until properties connect willingly or are forced to
connect due to existing and /or future changes to our rules and regulations or their own site
improvements, the District will not see any of this money reimbursed. The District has the authority
to charge each resident their proportionate share of the full construction cost; however, it may be
years until property values appreciate again to the point where these connection costs may be
justified by property value appreciation. As an alternative, the cost per residence can be adjusted
down closer in approximation to other recent sewer construction projects to provide incentives to
connect. This could result in partial recovery of the construction cost sooner and partial settlement
of outstanding issues with the property owners on Grandview. With this goal in mind staff presents
the following options for consideration:
Option 1 Actual Cost $28,512
Option 2 Adjusted Overhead Cost (Note 1) $25,020
Option 3 One -time Cost Adjustment (Note 2) $15,767
Option 4 Buena Vista Cost (Note 3) $16,242
Option 5 Average Costs (Note 4) $14,616
(1) Adjusted Overhead Cost is the actual cost minus all contractor -based indirect overheads that
are were charged to the project. This removes any debate that the allocation method used was
higher because the project was lumped together with a much larger project in a high traffic area (i.e.
Kellogg Drive Sewer Improvements).
(2) One -time Costs Adjustment takes the estimated construction cost at the time participants willing
placed a deposit down formally declaring their interest in the project, which was $15,767 each.
(3) Buena Vista Cost assumes the cost is equal to the unit cost for a recent, nearby sewer project
performed under similar traffic, site and neighborhood conditions.
(4) Average Costs assumes the unit cost is equal to the average of the ten most recent sewer
construction projects (This is our standard procedure for charging frontage fees on older sewer
projects where costs for connections may have been substantially lower for participants that opted
in at the time projects were initiated.) This would not apply to this project since the District
completely funded the construction and this number is provided for reference.
Staff recommends Option 3 as a viable settlement alternative. The recommendation presented is
only applicable to the District's Frontage Fees for this project and does not affect other agency and
connection costs that will also have to be borne by each resident. All options are shown in Exhibit B,
which also highlights the estimated full cost to connect for each customer.
Another issue related to this project is that one property owner on Grandview Avenue made an
unpermitted connection to the new sewer without District approval in February 2007, and has never
paid construction and connection fees that are due. This resident had initially expressed a
participating interest in the project in 2004, but never paid their share of the design and
administration deposit in 2005, and therefore was not a confirmed participant financially. Staff will
invoice this property owner for all fees that are past due once the Board has approved a frontage
fee for the project.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors approved participation in the administration, design, financing and
construction of the Grandview Avenue Sewer Extension and authorized the General Manager to
execute a Consultants Agreement with Hall & Foreman, Inc. for engineering design, surveying and
construction management services for this project, Job No. 0407 on March 25, 2004. The Board of
Directors approved the Cast Iron Replacement Project, Job No. 0515 on June 8, 2006. The Cast
Iron Replacement Project combined five projects including the Grandview Sewer Extension into one
contract with Vido Artukovich & Sons.
ATTACHMENTS:
Description: Type:
Exhibit A.pdf Exhibit A Exhibit
Exhibit B.pdf Exhibit B Exhibit
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LOCATION MAP
YORBA LINDA WATER DISTRICT
1717 E. MIRALOMA AVENUE
PLACENTIA, CALIFORNIA 92870
(714) 701 -3000
71=47
5532
HELFRICH JAMES R
348 - 371 -02
0.46 AC
N
LEGEND
® Participants Who Paid Design Fee Deposit
8" SEWER MAIN & LATERALS
GRANDVIEW SEWER
EXTENSION
SCALE: NO SCALE
DATE: 5/14/2009
FILENAME: J -0407
Costs assessed by other agencies, subject to change and variability depending on specifics of lot,
and other issues outside of the control of YLWD.
EXHIBIT B
GRANDVIEW SEWER COST ALTERNATIVES
OPTION 1
OPTION 2
OPTION 3
OPTION 4
OPTION 5
ADJUSTED
ONE -TIME
BUENA VISTA
OVERHEAD
ADJUSTED
COST
AVERAGE COST
ACTUAL COSTS COST
COST
EQUILVALENT
EQUIVALENT
CONSTRUCTION COST
$28,512
$25,020
$15,767
$16,242
$14,616
DESIGN COST
$1,610
$1,610
$1,610
$1,610
$1,610
OTHER YLWD AVG ACRE
$1,814
$1,814
$1,814
$1,814
$1,814
TOTAL
$31,936
$28,444
$19,191
$19,666
$18,040
DISCOUNT OF CONSTRUCTION
COST
$0
$3,492
$12,745
$12,270
$13,896
DISCOUNT ( %)
$0
12%
45%
43%
49%
Estimate of Other Costs
$15,000
$15,000
$15,000
$15,000
$15,000
TOTAL
$46,936
$43,444
$34,191
$34,666
$33,040
Costs assessed by other agencies, subject to change and variability depending on specifics of lot,
and other issues outside of the control of YLWD.
AGENDA REPORT
Meeting Date: May 28, 2009
To: Board of Directors
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General
Manager
Budgeted:
Total Budget:
Cost Estimate:
Funding Source:
Account No:
Dept:
ITEM NO. 7.3
Yes
$10,900
$6,500
Water Operating
Fund
124580
Administration
Reviewed by Legal: N/A
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: 2009 Consumer Confidence Report
SUMMARY:
Yorba Linda Water District will work with InfoSend, our current water bill mailer, to print and mail the
2009 Consumer Confidence Report. This report is a standard water quality assessment and will be
printed into a pamphlet that will be placed into customer water bills.
STAFF RECOMMENDATION:
That the Board of Directors approve the 2009 Consumer Confidence Report for distribution to all
District customers.
DISCUSSION:
In having InfoSend both print and mail the 2009 Consumer Confidence Report, the estimated cost
of the project is approximaely 60% of what was budgeted for this fiscal year. This is primarily due to
the reduction of mailing costs as there was no additional postage required to include the report in
with the bill.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors has approved the Consumer Confidence Report annually since 1989.
ATTACHMENTS:
Description: Type:
2009 CCR.doc 2009 Consumer Confidence Report Backup Material
Yorba Linda Water District
2009 Consumer Confidence Report
Last year, as in years past, your tap water met all Environmental Protection Agency (EPA), and State
drinking water health standards. Yorba Linda Water District vigilantly safeguards its water supplies,
and once again we are proud to report that our water system has never violated a water quality standard.
This Consumer Confidence Report covers water quality data collected during the period from January to
December 2008.
Esta informacion es importante. Por favor pidale a alguien que se la traduzea.
(This information is important. Please have someone translate it for you.)
Water System Information
Yorba Linda Water District is an independent special district that provides water and sewer service to
most of the City of Yorba Linda and to portions of Anaheim, Brea, Placentia and unincorporated Orange
County.
For more information about the District or your water service, please call Management Analyst Cindy
Botts, at 714 701 -3024 or Water Quality Engineer Leon de los Reyes at 714 - 701 -3115.
The Yorba Linda Water District Board of Directors' regularly scheduled meetings are held on the
second and fourth Thursday of each month at 8:30 a.m. in the District boardroom located at 1717 E.
Miraloma Avenue, Placentia, California 92870.
Sources of Water
Sources of drinking water (both public tap water and bottled water) include rivers, lakes, streams, ponds,
reservoirs, springs, and groundwater. As water travels over the surface of the land or through the
ground, it dissolves naturally occurring minerals and, in some cases, radioactive material. Water also
picks up substances resulting from the presence of animals or from human activity.
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts
of some contaminants. The presence of contaminants does not necessarily indicate that water poses a
health risk. More information about contaminants and potential health effects can be obtained by calling
the EPA's Safe Drinking Water Hotline at 1- 800 - 426 -4791 or by accessing the EPA's internet web site
at www.epa.gov /safewater.
Local Groundwater
Yorba Linda Water District obtains approximately half of its water supplies from properly constructed
wells located within the District. The District's wells tap an underground aquifer that underlies most of
northern Orange County. The aquifer is carefully managed by the Orange County Water District, and is
replenished by water from the Santa Ana River, local rainfall, and water purchased from imported
sources.
The District's groundwater sources include: Well No. 1, Well No. 5, Well No. 7, Well No. 10, Well No.
12, Well No. 18, Well No. 19, which are located within Placentia city limits; and Well No. 11 and Well
No. 15, which are located within Anaheim city limits.
Imported Water
Yorba Linda Water District obtains the remainder of the water our customers need from local wholesaler
Municipal Water District of Orange County ( MWDOC). MWDOC obtains water from regional supplier
Metropolitan Water District of Southern California (MWD). MWD obtains water from northern
California via the California Aqueduct, and from the Colorado River via the Colorado River Aqueduct.
MWD owns and operates the Robert B. Diemer water treatment plant located just north of western
Yorba Linda where the water is treated to meet drinking water standards.
Vulnerability Assessment of Potential Sources of Contamination
A vulnerability assessment of local drinking water sources of the Richfield Plant wellfield (Wells No. 1,
5, 7, 10, and 12) for the District was completed in January 1999. These sources are considered most
vulnerable to contaminants produced by the following activities: gas stations; dry cleaners; metal
plating /finishing/fabricating plants; plastic /synthetic producers; underground injection of
commercial /industrial discharges; underground storage tanks; agricultural drainage; fertilization,
pesticide and herbicide application; automobile -body and repair shops; and chemical /petroleum
processing /storage.
In December 2002, Metropolitan Water District of Southern California (MWD) completed a source
water assessment of its Colorado River and State Water Project supplies. Colorado River supplies are
considered to be most vulnerable to contamination by recreation uses, urban /storm water runoff,
industrial runoff, increasing urbanization in the watershed and wastewater contamination. State Water
Project supplies are considered to be most vulnerable to urban /storm water runoff, and wildlife,
agriculture, recreation and wastewater contamination.
Vulnerability assessments of potential sources of contamination for Wells 11 and 15 were completed in
April 2003. These groundwater sources are considered most vulnerable to the following activities not
associated with detected contaminants: chemical /petroleum processing/storage; metal
plating /finishing/fabricating; and plastics /synthetics production.
A vulnerability assessment of potential sources of contamination for Well 19 and Well 18 were
completed in May 2004 and September 2005, respectively. The groundwater sources are considered
most vulnerable to the following activities not associated with detected contaminants: gas stations; dry
cleaners; metal plating/finishing/fabricating plants; plastic /synthetic producers; underground injection of
commercial /industrial discharges; underground storage tanks; agricultural drainage; fertilization,
pesticide and herbicide application; automobile -body and repair shops; sewer collection systems; food
processing, and chemical /petroleum processing/storage.
A copy of the complete assessment is available at Department Public of Health district office at 605
West Santa Ana Blvd., Building 28, Room 325, Santa Ana, CA 92701, or by contacting Water Quality
Engineer Leon de los Reyes at (714) 701 -3115.
2
Contaminants That May Be Present In Source Water
• Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment
plants, septic systems, agricultural livestock operations, and wildlife. Cryptosporidium is a
microscopic organism that when ingested can cause diarrhea, fever, and other gastrointestinal
maladies. The organism comes from animal and /or human waste and may be found in surface
(imported) water. A standard treatment process that includes sedimentation, filtration, and
disinfection can eliminate cryptosporidium contamination.
• Pesticides and herbicides that may come from a variety of sources such as agriculture, urban storm
water runoff and residential uses.
• Inorganic contaminants, such as salts and metals that can be naturally occurring or result from urban
storm water runoff, industrial or domestic wastewater discharges, oil and gas production, mining or
farming.
• Organic chemical contaminants, including synthetic and volatile organic chemicals that are by-
products of industrial processes and petroleum production, and can also come from gas stations,
urban storm water runoff, agricultural application and septic systems.
• Radioactive contaminants that can be naturally occurring or be the result of oil and gas production
and mining activities.
Special Risk Populations
Some individuals may be more vulnerable to the effects of possible contaminants in drinking water than
the general population. Persons who are undergoing chemotherapy, persons who have undergone organ
transplants, some elderly persons, infants, persons infected with HIV/AIDS, or persons with other
immune system disorders can be particularly at risk. These persons should seek advice from their health
care providers about drinking water. The USEPA /Center for Disease Control guidelines on appropriate
means to lessen the risks of infection by cryptosporidium or other microbial contaminants are available
from the Safe Drinking Water Hotline (1- 800 - 426- 4791).
Fluoride
Yorba Linda Water District does not add fluoride to its groundwater supplies. Naturally occurring
fluoride is present in the well water, but not at a level that provides dental health benefits.
In 1995, the California Legislature passed a bill mandating that all large water agencies fluoridate their
supplies, but only if the state or "somebody" provided the agencies with the funds to do so. To date, the
state has not come up with the funds to implement fluoridation.
Metropolitan Water District of Southern California (MWDSC) commenced fluoridation of southern
California's drinking water supplies in November of 2007. YLWD purchases approximately half of its
water from MWDSC. Because of MWD's decision and YLWD's dual sources of water (groundwater
and import), the District is faced with a situation where some of its customers will get water fluoridated
by MWD, some will get non - fluoridated water, and some will get a blend of fluoridated and non -
fluoridated water.
3
If you need to know the approximate level of fluoride in your tap water, or specific water service area,
please call Leon de los Reyes, Water Quality Engineer, at 714 701 -3115. Additional information about
the fluoridation of drinking water can be found through the following sources:
• U.S, Centers for Disease Control and Prevention, 1- 888 - CDC -2306
www.cdc.gov/Oralhealth/factsheet/fl-background.html
• American Dental Association
www.ada.org/public/topics/fluoride/fluor-links.html
• American Water Works Association
www.awwa.org
Terms and Abbreviations
• Public Health Goals (PHG): The level of the contaminant in drinking water below which there is
no known or expected risk to health including individuals with special health care needs. The
California Environmental Protection Agency sets PHGs. The District prepared and held a public
hearing of its Public Health Goals Report on July 1998, 2001, 2004, and 2007. The next PHG report
is due on July 2010.
• Maximum Contaminant Level Goal (MCLG): The level of a contaminant in drinking water below
which there is known or expected risk to health. The U.S. Environmental Protection Agency sets
MCLGs.
• Maximum Contaminant Level (MCL): The highest level of a contaminant that is allowed in
drinking water. Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and
technologically feasible. Secondary MCLs are set to protect the odor, taste, and appearance of
drinking water.
• Maximum Residual Disinfectant Level (MRDL): The level of a disinfectant added for water
treatment that may not be exceeded at the consumer's tap.
• Maximum Residual Disinfectant Level Goal (MRDLG): The level of a disinfectant added for
water treatment below which there is no known or expected risk to health. MRDLs are set by the
U.S. Environmental Protection Agency.
• Primary Drinking Water Standard or PDWS: MCLs and MRDLs for contaminant that affect
health along with their monitoring and reporting requirements, and water treatment techniques.
• Treatment Technique (TT): A required process intended to reduce the level of contaminants in
drinking water.
• Notification Level (NL): The concentration of a contaminant which, when exceeded, triggers a
treatment process or other requirements that a water system must follow.
• N /A: not applicable
• ND: not detectable
• NS: no standard has been established
• ppm: parts per million or milligrams per liter
• ppb: parts per billion or micrograms per liter
• ppt: parts per trillion or nanograms per liter
• pCi/L: picoCuries per liter (a measure of radiation)
• NTU: nephelometric turbidity units
• gpg: grains per gallon (a measure of water hardness)
4
Measurements
Most of the contaminants are measured in parts per million (ppm), parts per billion (ppb), and parts per
trillion. If these are difficult to envision, these are the comparisons:
Parts per million: Parts per billion: Parts per trillion:
1 second in 12 days 1 second in 32 years 10 drops in a Rose Bowl -sized pool
1 penny in $10,000 1 penny in $10 million 1- second in 32,000 years
1 inch in 16 miles 1 inch in 16,000 miles 1 inch in 16 million miles
In order to ensure that tap water is safe to drink, EPA and CDPH prescribes regulations that limit the
amount of certain contaminants in water provided by public water systems.
The table below lists all the drinking water contaminants that Yorba Linda Water District detected
during the 2008 calendar year. The presence of these contaminants in the water does not necessarily
indicate that the water poses a health risk. Unless otherwise noted, the data presented in this table is
from testing done for the period January 1 through December 31, 2008. The California Department of
Public Health requires monitoring for certain contaminants less often than every year because the
concentrations of these contaminants are not expected to vary significantly from year to year. Thus,
some of the data, though representative of current water quality, is more than one year old. YLWD
contracts with state certified, independent laboratories to perform most of the District's water quality
testing.
Water Distribution System
Water Quality
(Ground and Import Water Sources)
Highest
[Locational]
PHG
Running
Typical
Disinfection MCL
(MCLG)
Annual
Most Recent Source in
Bv- Products [MRDLI
[MRDLGI
Average Ranee
Samnlin2 Date Violation Drinkinjj water
Total Trihalomethanes
(TTHMs) (ppb) 80
N/A
38 14-58
2008 NO by- product of drinking water
disinfection
Haloacetic Acids
(HAAS) (ppb) 60 N/A 12 3 -23 2008 NO by- product of disinfection
Stage -2 D/DBP 2
Total Trihalomethanes
(TTHMs) (ppb) 80 N/A [54] 5-54 2007 -08 NO by- product of drinking water
disinfection
Stage -2 D/DBP 2
Haloacetic Acids
(HAAS) (ppb) 60 N/A [17] 2-17 2007 -08 NO by- product of drinking water
disinfection
Total Chlorine
(ppm) [4 as Clzi] [4 as Clzi] 1.6 1.40-1.81 2008 NO drinking water disinfectant
added for treatment
'As chlorine (Clz)
2 Stage -2 Disinfectants and Disinfection By- Product Rule
5
About Chloramines and Free Chlorine: These disinfectants must be removed from water used in hemodialysis treatment.
Water used for dialysis machines must meet standards established by the Association for the Advancement of Medical
Instrumentation. A good source of information, in addition to your health care provider, is the Southern California Renal
Disease Council at (213) 962 -2020. In addition, they must be removed from water before it is used to fill or replenish
aquariums and fish ponds. For more information, contact your local pet store.
NOTE: On November IS, 2008, due to significant loss of'water pressure in the Hidden Hills Estates area during the
height of the Freeway Complex Fire, YLWD issued a Boil Water Advisory. This step was taken as a precautionary
measure to protect that particular affected area against potential microbiological contamination of'the drinking water
system, and in compliance with California Department of 'Pub &c Health requirements.
After conducting multiple sampling and review of'water quality analyses taken within the Hidden Hills Estates area, it
was determined on November 20, 2008, that the drinking water met microbiological standards and was safe for
consumption and domestic use. Subsequently, the Boil WaterAdvisory was cancelled
Lead & Copper Levels
at Residential Taps NL
90th
Percentile
PHG Values
Highest Percentage
Typical
Typical
Source in
Drinking Water
PHG
Total Coliform- Presence Most Recent
Source in
Microbiological MCL
(MCLG)
in a Monthlv Sample Sample Date Violation
Drinking Water
Total Coliform 5%
(0)
0.66% 2008 NO
naturally present in the
(Non -Fecal Coliform)
environment
NOTE: On November IS, 2008, due to significant loss of'water pressure in the Hidden Hills Estates area during the
height of the Freeway Complex Fire, YLWD issued a Boil Water Advisory. This step was taken as a precautionary
measure to protect that particular affected area against potential microbiological contamination of'the drinking water
system, and in compliance with California Department of 'Pub &c Health requirements.
After conducting multiple sampling and review of'water quality analyses taken within the Hidden Hills Estates area, it
was determined on November 20, 2008, that the drinking water met microbiological standards and was safe for
consumption and domestic use. Subsequently, the Boil WaterAdvisory was cancelled
Lead & Copper Levels
at Residential Taps NL
90th
Percentile
PHG Values
Sites
Exceeding
NL Sample
Most Recent
Sample
Date Violation
Typical
Source in
Drinking Water
Lead (ppb) 15
2 6
None
2006 NO
internal corrosion of
household water plumbing
system; discharges from
industrial manufacturers,
erosion of natural deposits
Copper (ppm) 1.3 0.3 0.21 None 2006 NO internal corrosion of
household water plumbing
system; discharges from
industrial manufacturers,
erosion of natural deposits
Most Recent Typical Source in
Aesthetic OualitV Secondary MCL Average Range Sample Date Violation Drinking Water
Color, units 15 ND ND < 5 2008 NO naturally occurring organic
materials
Odor - Threshold 3 ND ND < 1 2008 NO naturally occurring organic
materials
Turbidity, NTU 5 0.21 0.14-1.14 2008 NO total suspended solids
Primary Standards (Groundwater Sources
PHG Average Range Most Recent Typical Source in
Radio nuclides MCL (MCLG) Amount Detected Sample Date Violation Drinking Water
Gross Alpha (pCi/L) 15 (0) 9 6— 13 2008 NO erosion of natural deposits
Uranium (pCi/L) 20 0.43 8 5-12 2008 NO erosion of natural deposits
Total Radon (pCi/L) NS NS 457 404-491 2008 N/A "see note below"
(222)
Total Radium (pCi/L) 5 0.019 0.1 0-2.3 2008 NO erosion of natural deposits
(228)
About Radon: Radon is a radioactive gas that you cannot see, taste, or smell. It is found throughout the world. Radon can
move through the ground and into homes through cracks and holes in the foundation. Radon can build up to high levels in all
types of homes. Radon can also get into indoor air when released from tap water from showering, washing dishes, and other
household activities. Compared to radon entering the homes through soil, radon entering the home through tap water will, in
most cases, be a minor source of radon in indoor air. Radon is a known human carcinogen. Breathing air containing radon
can lead to lung cancer. Drinking water containing radon may also cause increased risk of stomach cancer.
If you are concerned about radon, test the air in your home. Testing is inexpensive and easy. Fix your home if the level of
radon in your air is 4 picoCuries per liter of air (pCi/L) or higher. There are simple ways to fix a radon problem that are not
too costly. For additional information, you can call the EPA's Radon Hotline (800- SOS - Radon).
rA
PHG
Average
Range
Most Recent
Typical Source in
Inorganic Chemicals MCL
(MCLG)
Amount
Detected
Sample Date
Violation
Drinking Water
Arsenio (ppb) 10
0.004
4
ND —11
2008
NO
erosion of natural deposits,
runoff from orchard, glass and
electronics production wastes
Barium (ppb) 1000
2000
2.86
ND —103
2008
NO
discharges of oil drilling waste,
and from metal refineries,
erosion of natural deposits
Fluoride (ppm) 2
1
0.4
0.3 - 0.5
2008
NO
erosion of natural deposits; water
(naturally occurring)
additive that promotes strong
teeth; discharge from fertilizer
and aluminum factories
Nitrate (ppm) 45
45
12
9-16
2008
NO
runoff and leaching from
(as Nitrate, NO3)
fertilizer use; leaching from
septic tanks and sewage; erosion
of natural deposits
Nitrate plus Nitrite 10
10
3
2 - 4
2008
NO
runoff and leaching from
(as Nitrogen, N) (ppm)
fertilizer use; leaching from
septic tanks and sewage; erosion
of natural deposits
3 The District has a California Department of Public
Health approved blending
plan that reduces the levels of arsenic and
manganese in the water distribution
system to within
drinking water standards.
PHG Average Range Most Recent Typical Source in
Radio nuclides MCL (MCLG) Amount Detected Sample Date Violation Drinking Water
Gross Alpha (pCi/L) 15 (0) 9 6— 13 2008 NO erosion of natural deposits
Uranium (pCi/L) 20 0.43 8 5-12 2008 NO erosion of natural deposits
Total Radon (pCi/L) NS NS 457 404-491 2008 N/A "see note below"
(222)
Total Radium (pCi/L) 5 0.019 0.1 0-2.3 2008 NO erosion of natural deposits
(228)
About Radon: Radon is a radioactive gas that you cannot see, taste, or smell. It is found throughout the world. Radon can
move through the ground and into homes through cracks and holes in the foundation. Radon can build up to high levels in all
types of homes. Radon can also get into indoor air when released from tap water from showering, washing dishes, and other
household activities. Compared to radon entering the homes through soil, radon entering the home through tap water will, in
most cases, be a minor source of radon in indoor air. Radon is a known human carcinogen. Breathing air containing radon
can lead to lung cancer. Drinking water containing radon may also cause increased risk of stomach cancer.
If you are concerned about radon, test the air in your home. Testing is inexpensive and easy. Fix your home if the level of
radon in your air is 4 picoCuries per liter of air (pCi/L) or higher. There are simple ways to fix a radon problem that are not
too costly. For additional information, you can call the EPA's Radon Hotline (800- SOS - Radon).
rA
The EPA proposed MCL for radon is 300 pCi/L. The proposal will provide states flexibility in how to limit exposure to
radon by allowing states to focus its efforts on the greatest radon risks -those in indoor air -while also reducing the risks from
radon in drinking water. The states' option for radon compliance is as follows:
First Option: States can choose to develop enhanced state programs to address the health risks from radon in indoor air.
These programs are known as Multimedia Mitigation (MMM) Programs. Individual water systems reduce radon levels in
drinking water to 4,000 pCi/L or lower. EPA is encouraging states to adopt this option because it is the most cost effective
way to achieve the greatest radon risk reduction.
Second Option: If a state chooses not to develop an MMM program, individual water systems in that state would be required
to either reduce radon in their system's drinking water to 300 pCi/L or develop individual local MMM programs and reduce
levels in drinking water to 4,000 pCi/L.
ReLyulated Constituents with Secondary Standards (Groundwater Sources
Secondary Average
Range
Most Recent
Typical Source in
Constituent
MCL Amount
Detected
Sample Date
Violation
Drinking Water
Chloride (ppm)
500 105
102-108
2008
NO
runoff/leaching from natural deposits,
natural waste
Chlorate (ppm) 0.8 0.06
ND — 0.11
seawater influence
Color (units)
15 1
ND - 5
2008
NO
naturally occurring organic materials
Corrosivity
Non - Corrosive
Non - Corrosive
2008
NO
elemental or industrially- influenced
(Aggressiveness Index)
balance of hydrogen, carbon, and
oxygen in water; affected by
temperature and other factors.
Manganese (ppb)
50 12
ND — 131
2008
NO
leaching from natural deposits
Specific Conductance
1600 1016
984-1110
2008
NO
substance that form ions when in water,
(micromhos /cm)
seawater influence
Sulfate (ppm)
500 138
125-170
2008
NO
runoff/leaching from natural deposit,
industrial wastes
Total Dissolved Solids
1000 620
582-680
2008
NO
runoff/leaching from natural deposit
(ppm)
Turbidity (NTU)
5 Units 0.2
ND — 0.5
2008
NO
soil runoff
Zinc (ppb)
5000 12
ND — 161
2008
NO
runoff/leaching from natural
deposits; industrial waste
3 The District has a California
Department
of Public Health approved blending plan
that reduces the levels of arsenic and
manganese in the water distribution system
to within drinking
water standards.
State ReLyulated Constituents without Standards (MCL) but Requires Monitorin
(Groundwater Sources)
Average
Range
Most Recent
Typical Source in
Constituent NL Amount
Detected
Sample Date
Drinking Water
Boron (ppb) 1,000 260
210-280
2008
run- off/leaching from natural deposits,
natural waste
Chlorate (ppm) 0.8 0.06
ND — 0.11
2008
disinfection by- products; industrial
processes
Vanadium (ppb) 50 5
3 - 8
2008
naturally occurring; industrial waste
discharge
Additional Water Oualitv Parameters (Groundwater Sources
Average Range Most Recent
Constituents Amount Detected Sample Date
Alkalinity as CaCO3 NS 217 202 -239 2008
(ppm)
Bromide (ppm) NS 0.23 0.15-0.39 2008
Calcium (ppm) NS 97 84-123 2008
I
Hardness as CaCO3
NS
19
17-24
Range
2008
(grains per gallon, gpg)
Typical Source in
Inorganic Chemicals
MCL
(MCLG)
Amount
Magnesium (ppm)
NS
21
18-25
Aluminum (ppb)
2008
Potassium (ppm)
NS
5
4-8
2008
pH (acids /bases)
NS
8
7.7-8.2
ND — 6.4
2008
Sodium (ppm)
NS
92
83-99
0.43
2008
Water Quality Data of Imported Water Sources
The table below lists all of the contaminants that the MWD detected during the 2008 calendar year.
The presence of these contaminants in the water does not necessarily indicate that the water poses a
health risk. Unless otherwise noted, the data presented in this table is from testing done January 1
through December 31, 2008.
Primary Standards (Import Sources
Fluoride (ppm) 2 1 0.8 0.6-0.9 2008 NO water additive for dental health
(fluoridation levels)
Nitrate (as N), ppm 10 10 0.5 ND — 0.6 2008 NO runoff and leaching from
fertilizer use; septic tank and
Sewage, natural deposit erosion
PHG
Average
Range
Most Recent
Typical Source in
Inorganic Chemicals
MCL
(MCLG)
Amount
Detected
Sample Date
Violation
Drinking Water
Aluminum (ppb)
1000
600
164
78-280
2008
NO
erosion of natural deposit,
Gross Beta (pCi/L)
50
(0)
4.3
ND — 6.4
2008
NO
residual from surface water
Uranium (pCi/L)
20
0.43
3.3
2.9-3.7
2008
NO
treatment processes
Arsenic (ppb)
10
0.004
2.4
ND — 2.9
2008
NO
natural deposit erosion, glass and
electronic production waste
Barium, (ppb)
1000
2000
117
111-123
2008
NO
oil and metal refineries
discharge; natural deposits
erosion
Fluoride (ppm) 2 1 0.8 0.6-0.9 2008 NO water additive for dental health
(fluoridation levels)
Nitrate (as N), ppm 10 10 0.5 ND — 0.6 2008 NO runoff and leaching from
fertilizer use; septic tank and
Sewage, natural deposit erosion
ReLyulated Constituents with Secondary Standards (Import Sources
PHG Average Range Most Recent Typical Source in
MCL (MCLG) Amount Detected Sample Date Violation Drinking Water
Aluminum (ppb) 200 600 164 78-280 2008 NO erosion of natural deposit,
residual from surface water
treatment processes
10
PHG
Average
Range
Most Recent
Typical Source in
Radionuclides
MCL
(MCLG)
Amount
Detected
Sample Date
Violation
Drinking Water
Gross Alpha (pCi /L)
15
(0)
5.6
3.8-9.3
2008
NO
erosion of natural deposits
Gross Beta (pCi/L)
50
(0)
4.3
ND — 6.4
2008
NO
decay of natural and man -made
Uranium (pCi/L)
20
0.43
3.3
2.9-3.7
2008
NO
erosion of natural deposits
ReLyulated Constituents with Secondary Standards (Import Sources
PHG Average Range Most Recent Typical Source in
MCL (MCLG) Amount Detected Sample Date Violation Drinking Water
Aluminum (ppb) 200 600 164 78-280 2008 NO erosion of natural deposit,
residual from surface water
treatment processes
10
Chloride (ppm) 500 NS 96 92-103 2008 NO
Color, Units 15 NS 2 1-2 2008 NO
Corrosivity
(Saturation Index) "non- corrosive" 0.46 0.38-0.50 2008 NO
runoff and /or leaching from
natural deposit, seawater
influence
naturally occurring organic
material
elemental balance in water,
affected by temperature, other
factors
Corrosivity
(Aggressiveness Index) "non- corrosive"
12.3
12.2-12.4
2008
NO elemental balance in water,
affected by temperature,
other factors
Odor Threshold, Units 3 NS
2
2
2008
NO naturally organic material
Specific Conductance
(micromhos /cm) 1600 NS
947
837- 1080
2008
NO substance that form ions when in
water; seawater influence
Sulfate (ppm) 500 NS
212
170-272
2008
NO runoff and /or leaching
from natural deposit; industrial
waste
Total Dissolved Solids 1000 NS
569
505-668
2008
NO runoff and /or leaching
(ppm)
from natural deposit; seawater
influence
Turbidity (NTU) 5 NS
0.05
0.04-0.05
2008
NO soil run -off
State /Federal Regulated Constituents with No Standards (MCL) but Requires
Monitoring (Import Sources)
Average
Range
Most Recent
NL Amount
Detected
Sample Date
Typical Source in Drinking Water
Boron (ppb) 1000 140
130-150
2008
runoff/leaching from natural deposits industrial wastes
Chromium VI (ppb) NA 0.19
0.1-0.29
2008
industrial waste discharge; could be naturally present
Vanadium (ppb) 50 3.8
3.5-3
2008
naturally occurring; industrial waste discharge
Chlorate (ppb) 800 48
24-58
2008
by- product of drinking water chlorination,
industrial
Additional Water Quality Parameters (Import
Sources)
Average
Range
Most Recent
Amount
Detected
Sample Date Comments
Alkalinity (ppm)
110
100-121
2008
No standard has been established.
Calcium (ppm)
61
55-72
2008
No standard has been established.
Hardness (grains per gallons, gpg)
15
13-18
2008
No standard has been established
Magnesium (ppm)
25
22-29
2008
No standard has been established.
N- Nitrosodimethylamine (NDMA) (ppt)
N/A
ND —2.7
2008
No standard has been established.
11
(PHG = 3 ppt)
pH (acids /bases)
8.1 8-8.2
2008
No standard has been established.
Potassium (ppm)
4 4-5
2008
No standard has been established.
Sodium (ppm)
94 85-106
2008
No standard has been established.
Total Organic Carbon (ppm)
2 2-3
2008
No standard has been established
- -- END---
12
AGENDA REPORT
Meeting Date: May 28, 2009
ITEM NO. 8.1
Subject: Wells Capital Investment Report for the 3rd Quarter of FY 2008/09
STAFF RECOMMENDATION:
This is for information only. No action is required.
ATTACHMENTS:
Description: Type:
YLWDPerf Page. pdf Wells Capital Performance Summary Backup Material
YLWD Econ1Q09.pdf Wells Capital Economic Update Backup Material
Yorba Linda Water District
Account #18611500
Portfolio Managed by: Wells Capital Management
Performance Summary Report
For the period ended:
March 31, 2009
Reporting Period:
Annualized
Month -to- Quarter to
Return Since
Date Date YTD
Inception*
Yorba Linda Water District
0.08% 0.15% 11.15/0
Investment Portfolio
4.24%
Lipper Institutional Money
0.06% 0.24% 0? =1�%-
Market Fund Index
4.23%
4.50%
4.00%
3.50%
■ YLWD
® Lipper Inst. MM Fund Index
3.00%
2.50%
2.00%
1.50%
1.00%
0.50%
0.00%
Month -to -Date Quarter to Date YTD
Annualized Since
Inception
* - Account inception date for purposes of perfonnance calculation: 1111105
Returns are net of Wells Capital Management fees.
WELLS CAPITAL MANAGEMENT
MONTHLY MARKET OUTLOOK
Presented to: The Yorba Linda Water District
April 2009
THE INVESTMENT ENVIRONMENT: FIRST LIGHT?
Less worrisome economic data are easing concern
over the depth and duration of this economic slump
and the implications for the financial market. Support
is coming both from aggressive monetary stimulus
and from the economy's "automatic stabilizers, "
including low inflation, subdued interest rates and,
ironically, the effects of home foreclosures on
housing "affordability. " The economy still faces
hurdles to a bona fide recovery —even the modest one
expected to begin sometime during the second half of
2009. The financial market still is on life support.
Fall -out from the upheavals there continues to ripple
through the economy, adding to the usual late -cycle
deterioration of credit duality. However, forward -
looking investors already are beginning to
contemplate a whole new set of issues, even as
strategy among many still is geared to the effects of
an extended, credit - induced slump. Among them: a)
the Fed's exit strategy from massive "quantitative
easing, " the implications for financial market
stability and the central bank's longer -term
independence, b) the appetite for Treasury debt in the
face of massive Federal deficits, and c) the inflation
implications of the Federal Reserve's decision to
"monetize" those deficits through direct purchases.
For many investors, however, uncertainties
associated with a dose of "reflation" would be a
welcome change from the "great unwind" of the past
year.
The Economy: Change You Can Believe In? The
economy's worst recession in over twenty -five years
showed signs of winding down late in the first
quarter, raising hopes that relief from steep output
and job losses weighing on the economy since last
fall is on the way. Moderating declines in recent
data - -laced with key increases - -were not enough to
prevent the economy from slumping at an estimated
4 % -5% rate during the opening months of 2009, atop
a revised, 6.3% drop late last year.
However, three classic pillars of recovery were
forming at the start of the spring quarter. First, home
sales - -a first step toward a full -blown housing
recovery - -have been lifted by historically low mort-
gage rates and foreclosure- related declines in home
prices that have left "affordability" at its highest
reading in over thirty -five years.
RISING HOUSING "AFFORDABILITY" BOOSTS HOME SALES
Ratio, Cost of Owning Vs. Renting % Of QaalifWn,¢ Income
120 80
Ratio, Cost gfOwning
V.% Renting* Scale) 170
I10 (Left Seale)
60
100 + I V I I + 150
�f 40
90 Feb 'U9
Noosing '4Affordab ilin" 130
(Right Scale)
80 / V 120
70
1[Qc
60 , ' 90
Dec -03 Dec -04 Dec -05 Dec -06 Dec -07 Dec -08 Dec -09
Sources: Nat'l Assn Of Realtors; U.S. Labor Department
Stronger home sales, already boosting mortgage -
finance employment and activity, eventually should
stoke consumers' "big- ticket" purchases of
appliances and home furnishings. Spending has been
supported, recently, by accelerated tax refunds,
savings from the latest wave of mortgage
refinancings and by the lift to inflation- adjusted
incomes from lower fuel costs. And with sales now
stabilizing, businesses finally are making a start
toward lowering top -heavy inventories to a more
acceptable level.
2.0
1.9
1.8
1.7
1.6
1.5
Dec -06 Jun -07 Dec -07 Jun -08 Dec -08
Soarce. U.S. Census Bur a
TOY -HEAVY INVENTORIES BEGIN TO MOVE LOWER
Ratio Oflnventories To Sales; Months' Equivalent
1.35
1,tU
I.,;
120
1.15
1.10
Getting the economy moving, again, won't be easy,
however, a point underscored by yet another decline
in the March Index of Leading Indicators. Fall -out
from auto - industry consolidation on employment and
on a severely depressed manufacturing sector is one
of at least two immediate hurdles to a bona fide
recovery. The other threat: "purchasing- power" now
being squeezed at both ends, by recent fuel -cost
increases and by the effect of steep job cuts on
income. That may have contributed to a first drop
this year in March retail sales, already struggling
with a late Easter and with the effect of price declines
on sales receipts.
Other "head winds" could keep the next recovery
more mild than usual after a deep recession. First, a
rebound in housing construction - -a key, growth
engine early in an economic cycle — likely will be
delayed until well into next year by unsold home
inventories bloated by the same wave of foreclosures
now depressing prices and boosting sales. Second,
gains in consumer spending will be diluted by the
usual increase in saving when wealth declines. (See
the chart below.) Foreign trade —a potential leading
edge sector, like housing and consumer spending —
still is being depressed by the global economic slump
and by a "freeze" on trade credit. Moreover, lingering
"tightness" in the U.S. credit market likely will
restrain growth well into 2010. Those pressures, and
stresses from the recent construction "boom," have
magnified the threat to credit quality, bank capital
and to lending capacity from the usual late -cycle
slowdown in commercial real estate.
14
12
is
4
0
COLLAPSING HOUSEHOLD WEALTH POINTS TOWARD
AN INCREASED SAVING RATE
Percent Of After -Tax Income Yr -Ago % Chg, 4 &rAvg
Household M,aldr
(Right Sarre)
A
Saving Rate
(Left Scale)
08Q4�
20%
15 °Ic
10%
5%
0%
-15%
Dec -69 Dec -76 Dec -83 Dec -90 Dec -97 Dec -04 Dec - II
Soarce.s: Federa l Reserve Board; U.S. Commerce DepartmenI
The good news is that the economy tends to be less
credit intensive early in a recovery than it is late in a
growth cycle. More subdued inflation and interest
rates now, compared to the deep recessions of the
mid -1970s and early 1980s, also are lessening the
stresses on the economy and the financial market as
they position for a recovery. And unlike many of the
past credit "crunches," sizable amounts of "cash"
now on the sidelines could provide a surprisingly
quick boost to the economy as financial conditions
improve. Still, the economy will have to overcome a
history of unusually weak, drawn -out adjustments to
past credit crises, if it is to mount a strong recovery.
The Financial Market: Thawing Out! Treasury
interest rates have see -sawed lower since the end of
February, depressed by the economic slump,
lingering "flight capital" and by the Federal
Reserve's direct purchases of Treasury securities late
in the first quarter. Declines have been interrupted, at
times, by the effects of a renewed credit thaw,
encouraging economic signs and by worries over
increased deficit financing, the supply of Treasury
securities and their effect on inflation expectations.
Shorter -term securities have led the way lower until
recently, widening the gap between them and yields
on longer -term securities in what is termed a
"steepening" yield curve. (See the chart below.)
A WIDENING GAP BETWEEN SHORT- AND LONG -TERM
TREASURY RATES THROUGH MID -APRIL
Yield Difference, 30 -Yr Vs. 3 -Mo. Treasurys, Basis Points
450
400
350
300
250
200
150
4121109 K I
----------------------
Avg., 1987-
2008=196 B.P.
loo 1 . . . . . . . 1 1
12/28/07 5/9/08 0/09
Source: Federal Reserve Board
New and existing financing programs by the
government have helped restart a slow, uneven credit
thaw that had stalled earlier in the year. Mortgage
rates have been driven sharply lower since last fall by
the Federal Reserve's direct purchases of
government - guaranteed mortgage- backed securities,
an important means of funding home loans. Money
has been moving back into both the investment and
non - investment -grade sectors of the corporate bond
market. Bank funding costs have come down —
helped, in part, by "cheap" government financing- -
boosting the industry's net interest margins and its
ability to replenish capital internally. Investors also
are awaiting the impact of several new Federal
Reserve and Treasury programs to improve funding
of high quality securities and to purchase jointly with
private investors illiquid, "toxic" assets weighing on
bank balance sheets.
However, market conditions still are far from normal.
Flight capital is keeping Treasury interest rates
extraordinarily low and yield premiums on non-
Treasury to comparable government securities above
their long -term average. Broad segments of the
financial market, including "private- label" mortgage-
backed securities in the "jumbo" loan market, still are
very "tight" or largely closed to borrowers.
Weaknesses in the government's bail -out strategy —
including the nagging issue of appropriate pricing of
"illiquid" securities and questions about private
participation- -leave success of the programs far from
assured. And, as indicated in the chart below, the
cost of credit default swaps — essentially the price for
insurance against bond defaults - -- though down, still
is high enough to signal uneasiness and uncertainty
over conditions in the financial market.
CREDIT DEFAULT SWAPS STILL ELEVATED BY WORRIES
OVER THE OUTLOOK FOR CREDIT QUALITY, FINANCIAL
STABILITY
300
260
220
180
140
loo
60
V 2004-
� V 0<S'-73 B.P.
1
12/31/07 3/31/08 6/30/08 9/30/08 12/31/08 3/31/09 6/30/09
Sources: JP Morgan Chase, Inc., Bloomberg Financial News, Inc.
A Three -Stage Rise In Interest Rates? Interest rates
are vulnerable to a gradual, irregular rise over the
next twelve months in three broad phases. Narrowing
yield premiums between Treasury and non - Treasury
securities may have marked the start of an interest -
rate "up cycle, " as the credit thaw and
accompanying reflow of flight capital nudges yields
on government debt higher and suppresses rates
elsewhere in the financial market.
Rate increases likely will become more broadly based
in the cycle's second phase later this year. The more
uniform rise in yields is expected to be driven by a
deficit- related increase in Treasury supply and,
perhaps, by worries over a diminished appetite for
those securities by U.S. and foreign investors. Added
pressure may come from an inflation outlook made
less sanguine by a firming economy, increased deficit
financing and by the Fed's willingness to "monetize"
a portion of that debt through direct purchases of
Treasury securities.
Phase three of the interest -rate "up" cycle could come
as early as the first half of 2010, when the Federal
Reserve offsets returning private capital to the market
through gradual increases in the Fed funds rate and
through sales of securities purchased earlier with
money created by the central bank. Failure to move
quickly could aggravate inflation expectations and
increases in long -term rates, as investors become
concerned about "too much money chasing too few
goods." For reasons outlined in the inset below,
worsening inflation expectations aren't likely to be
validated, soon, by increased price pressures. Even if
the Federal Reserve is successful in timing properly
the change in monetary policy as credit conditions
improve, however, market volatility could rise with
uncertainties created by the abrupt switch from
policy stimulus to restraint.
THE INFLATION "CONUNDRUM"
FACING INVESTORS
Investors have had trouble deciding between the
greater of two threats, rising inflation or "deflation"
(i.e., declining prices). Remarkably, both are plausible
concerns at the moment. Worries over deflation and its
debilitating effect on income and spending, the more
immediate concern, should dissipate if, as expected, the
recession is in the process of "bottoming out. "
Heightened inflation expectations, driven by massive
budget deficits and by the Fed's willingness to
"monetize" them by printing money, likely are
premature, however. First, the amount of economic
"slack" is at a twenty- six -year high. In fact,
accelerated Federal borrowing historically has
occurred during periods of falling inflation for just that
reason. Taking the longer view, inflation likely will be
restrained by the same forces suppressing it over the
past twenty, or so years. Heightened global
competition, weaker labor unions and deregulation
have undercut "pricing power, " or the ability to pass
along higher costs through price increases. That may
be changing, but not quickly enough to affect inflation
in the foreseeable future. Likewise, massive increases in
Federal Reserve credit may be less of a problem now
than it has been in the past. Unusually loose linkages
between the Fed's credit extensions and the money
supply, and between spending and money growth (i.e.,
money "velocity") have left the Fed effectively
"pushing on a string" in trying to jump -start the
economy.
THE STOCK MARKET: A LONG - AWAITED SIGN?
Out And In- -Like A Lion. Stocks posted their
strongest six -week gain in over seventy years
between early March and mid - April, before back-
tracking soon thereafter, leaving the S &P 500 down
6.3% by April 21. The market continues to be
buffeted by changing views on the economic,
earnings and financial- market outlook during the
balance of the year, keeping volatility, as measured
by the "VIX" S &P 500 index, above average
throughout the period. However, the rally's ability to
gather momentum as it progressed through March
bodes well for future gains, as investors gain better
confidence over the investment outlook.
Gains were broad -based during the stock market's
latest rise, extending across all ten of the S &P 500's
economic sectors and to 131 of its 134 constituent
industry groups. Beaten -down financial services led
the way, with most economically sensitive sectors of
the market doing well, too. Tech stocks have bucked
the latest sell -off, leaving them with a double -digit
gain on the year in a "down" market. "Defensive"
consumer staples and health care were hurt most by
the rotation toward the market's riskier sectors. High -
dividend stocks generally did little better, however,
despite the strength of yield- oriented financial
services, subdued by pay -out cuts there and at other
financially hard- pressed companies.
S &P 500 PERFORMANCE BY ECONOMIC SECTOR, 1008 -1009
Sources: Standard& Poors. Inc. Bloomberg Financial Neves. Inc.
Leadership between March and the first half of April
rotated from "growth" stocks to "value," and from
mid -caps to small caps. Russell 1000 Value's
performance advantage over its Growth counterpart
was broadly based during the period, out - performing
in all but one of the two benchmarks' twelve
constituent sectors. Despite its recent strength, Value
has lagged Growth on the year, keeping relative
price- earnings (P /E) valuations between the two style
groups in line with their historic norm. A relatively
strong showing during the latest rally hasn't
prevented Russell 2000 small -cap stocks from
lagging the S &P 500 this year. Its P/E valuation
remains "rich" by historic standards, compared to the
S &P 500 benchmark, though in line with its average
of the past three years.
EQUITYSCORECARD
Total Returns, In Percent
Yr -To -Date
Alan 1- 17,'09 Mar '09 4117109 1008
S &P500
Percent Change In Price
Indexes
-2.9
-37.0
3/9/09-
12/31/08-
12/31/07-
-2.0
4/17/09
3/09/09
12/31/08
Financials
78.1%
-50.4%
-57.0%
Consumer "Cyclicals"
41.3%
-25.8%
-34.7%
Industrials
39.9%
- 35.9 %
-41.5%
Materials
35.2%
-20.91/
-47.11/
Tech
31.6%
-13.91/
-43.71/
Telecom. Svcs
20.8%
-21.1%
-33.61/
Utilities
15.3%
-23.1%
-31.61/
Energy
14.5%
-19.5%
-35.91/
Consumer Staples
14.1%
-19.0%
-17.71/
Health Care
13.4%
-18.1%
-24.51/
S&P 500
28.5%
-25.1%
-38.51/
Sources: Standard& Poors. Inc. Bloomberg Financial Neves. Inc.
Leadership between March and the first half of April
rotated from "growth" stocks to "value," and from
mid -caps to small caps. Russell 1000 Value's
performance advantage over its Growth counterpart
was broadly based during the period, out - performing
in all but one of the two benchmarks' twelve
constituent sectors. Despite its recent strength, Value
has lagged Growth on the year, keeping relative
price- earnings (P /E) valuations between the two style
groups in line with their historic norm. A relatively
strong showing during the latest rally hasn't
prevented Russell 2000 small -cap stocks from
lagging the S &P 500 this year. Its P/E valuation
remains "rich" by historic standards, compared to the
S &P 500 benchmark, though in line with its average
of the past three years.
EQUITYSCORECARD
Total Returns, In Percent
Yr -To -Date
Alan 1- 17,'09 Mar '09 4117109 1008
S &P500
9.1
8.8
-2.9
-37.0
Russell 1000
9.5
8.8
-2.0
-37.6
R,,ssell 1060 Growth
8.1
8.9
3.7
-38.4
Russell 1000 Value
11.0
8.6
-7.6
-36.9
Russell Mid -Cap
13.2
9.2
3.1
-41.5
Russell Mid -Cap Growth
11.9
9.5
8.1
-44.3
Russell Mid -Cap Value
14.8
8.7
-2.1
-38.4
Russell 2000
13.5
8.9
-3.5
-33.8
Russell 2000 Growth
12.2
9.0
1.3
-38.5
Ru.cse1l2000 Value
14.8
8.9
-7.8
-28.9
MSCI EAFE (S Tenn.$)
9.8
6.3
-5.5
-43.4
(Lie. Carr. Terms)
9.8
3.8
-1.3
-40.3
Emergbig EAFE (S Temt.$)
13.1
14.4
14.2
-53.2
Sources: S&P: Fn Rassse 11 Co; MSCI
A more moderate rally in developed- country markets
since early March has left returns on the benchmark
"EAFE" Index short of those on the S &P 500, despite
a modest lift to dollar - denominated returns from a
weaker U.S. currency. Emerging- market stocks out-
paced the U.S. market, however, much as they did
earlier this year, propelled by ample global
"liquidity, " the rally in commodity prices, pledges of
increased global stimulus by major industrialized
countries and by increased investor risk tolerance
amid the credit "thaw. "
100
90
till
`II
60
50
MIDDLE GROUND FOR THE S&P 500 BETWEEN
EMERGING- MARKET, "EAFE" STOCKS
Emerg ng
Markets
4117109
S &P ?00 lit.
EAFE Intl
Stocks
9/26/08 10/31/08 12/5/08 1/9/09 2/13/09 320/09 4/24/09
Source: Bloomberg Financial Nens. Inc.
Building Blocks" Building For An Enduring Rally.
A promising start has failed to dispel doubts about
this rally's staying power. Investors are mindful of
the long, irregular recovery from the 1930s slump by
the economy and the equity market, when the market
had to wait twenty -five years to return to its pre -1929
"crash" level. However, policy errors 75 years ago- -
including tax increases, unintended credit
"tightening" and the Smoot - Hawley tariffs -- disrupted
a promising rebound from the initial slump,
triggering a market relapse and another "mini -
depression" in the late 1930s. Miscues are inevitable
during the current cycle, but the mistakes have been- -
and likely will continue to be - -made on the side of
stimulus rather than restraint.
A "CHEAP S &P 500, BASED ON "NORMALIZED "EARNINGS
Price - Earnings Multiple, Based On Avg. Operating Prolits, Past 10 Yrs.
50
45
40
35
30
25
20
15
10
4121109
5;
Dec -89 Dec -93 Dec -97 Dec -01 Dec -05 Dec -09
Source: Standard & Poors, Inc.; Bloomberg Financial News, Inc.
Moreover, many of the key ingredients for a
sustained rally already are in place. S &P 500 stocks
THE BOND MARKET: RETURN TO "RISK ?"
Out From "Treasurys." Bonds extended their rally
through the first half of April, leaving the U.S.
Aggregate Index of investment- grade, taxable bonds
with a modest gain on the year. The bigger story
during the opening weeks of this month, however,
was a broad -based move out of Treasurys to other
sectors of the bond market, the latest in a series of
swings boosting volatility there. (See the chart at
right.) Treasury securities have shrugged off periodic
support from direct Federal Reserve purchases in
moving lower, retracing some of the previous
month's gains. The setback extended to Treasury
Inflation- Protected Securities (or "TIPS "), which also
reversed some of March's out -sized gain during the
early part of April, as inflation worries subsided.
Commercial mortgage- backed securities (or CMBS)
extended March's impressive rally through the first
half of April, as proposed government funding, under
its new Troubled Asset Lending Facility (or
"TALF "), out - weighed worsening conditions in the
arguably are "cheap" relative to normalized earnings,
to underlying asset values and to low- yielding bonds.
There's also ample cash on the sidelines to support a
rally, with the ratio of money fund assets to the total
value of U.S. stocks more than two - and -a -half times
its long -term average. Earnings are the key variable
and the biggest question mark in the outlook. The
good news, however, is that even modest gains by the
economy could generate stronger- than - expected
earnings growth. The reason: aggressive cost cutting
has lifted operating leverage — underlying earnings as
a percent of capital and labor costs —to an
historically high level, allowing more of future
revenue gains to flow directly to the bottom line.
OPERATING LEVERAGE BACK TO A 45 -YEAR HIGH
Non -Fin'l Corps. Revenue Per $ OjLabor & Capital Costs
1.39
1.35
1.31
1.27
1.23
1.19
1.15
1.07
Average, 1965- 2008 =1.24
08Q4 �s
i
Dec -64 Dec -72 Dec -80 Dec -88 Dec -96 Dec -04
Source: U.S. Commerce Department
A "BUMPY" RIDE, THIS YEAR, FOR LONGER -TERM TREASURYS
Percent Percentage Points
10%
8%
6%
4%
0'
-2%
-4%
2.5
2.3
2.1
1.9
1.7
1.5
1.3
1.1
0.9
0.7
-6% L 1 0.5
12/28/07 5/16/08 9/26/08 2/6/09
* As measured bv- the .standard deviation gfwkly returns over 13 wks.
Source: Bank ofAmerica- Merrill Lynch, Inc.
commercial real- estate market. Investment -grade
corporate issues rebounded from last month's setback
during the early part of April, paced by a strong rally
in the financial- services sector. Issuance of FDIC -
backed, shorter -term issues has remained strong
during the period. Investment -grade corporate
borrowers also are beginning to issue a sizable
volume of debt not guaranteed by the government,
another sign of financial- market improvement. Gains
by mortgage- backed, asset - backed and agency
securities were more modest, by comparison.
BOND MAR KE T SCOR E CA RD
Total Returns, In Percent
Yr -To -Date
Apr. 1-17,109 Mar 7/9 4117109 21098
Leh'mAggregate
0.3
1.4
0.4
5.2
Treasurys
-1.2
2.2
-2.5
13.7
Agencys
-0.1
1.0
-0.3
9.1
Mortgage -Bkds.
03
1.4
2.5
8.3
U.S. Credit
1.7
-0.1
-0.1
-3.1
Asset -Bkds.
0.3
2.0
7.8
-12.7
Municipals
2.1
0.0
6.4
-2.5
High -Yield
7.3
3.2
13.8
-26.2
U.S. "TIPS"
-1.6
5.8
3.8
-2.4
Non -U.S. Gov'ts*
-0.6
0.7
-0.6
8.0
EmergingMkts
5.3
5.1
10.7
-15.4
* Denominated in dollars,
fully hedged
Sources: Lehman Bros.,
Citigroup, Inc; Merrill Lynch, Inc.
Outside the Aggregate universe, non- investment-
grade bonds here and in emerging markets soared
through mid - April, building on solid performances in
March that left both sectors with double -digit returns
on the year. Gains in the U.S. non- investment -grade
market were Particularly strong among lower - quality
bonds, underscoring the move out along the "risk
curve." The muni market's rally regained momentum
this month, after pausing in March, as individual
demand continued to overcome weak activity among
hedge funds and property and casualty insurers. And
overseas, foreign Treasury bonds out - performed U.S.
government securities, after lagging in March, due to
relatively modest declines in Europe and in Japan.
Sector Strategy Still On Top. Looking ahead, sector
strategy still may offer the best opportunity to
enhance returns among three broad engines of bond
performance. Yield Premiums to comparable
Treasury notes and bonds still are attractive across
much of the non - Treasury sector, even after the
recent rally. (See the chart at right.) In fact, at least
one recent money- manager survey shows portfolios
over - weighted in corporate and mortgage- backed
securities, at the expense of Treasury, agency and
asset - backed allocations.
300
250
200
150
100
50
Source: Merrill Lynch, Inc.
0
12/28/07 5/9/08 9/19/08 1/30/09
YIELD PREMIUMS STILL ATTRACTIVE FOR AA -RATED NON-
FINANCIAL SECURITIES
Yield Spreads To Comparable Treasurys, In B.P.
By contrast, "duration" strategy (the decision to over-
weight or to under - weight shorter- and longer -term
securities in a bond portfolio) has become riskier,
amid unusually "rich" Treasury debt, heightened
volatility in parts of the market, economic and
inflation uncertainties, and the threat from increased
deficit financing. Portfolios among larger investors
still are tilted toward longer -term securities, though
such positions have been trimmed since early March.
Yield -curve strategy (the distribution of investments
along the yield curve to meet a certain maturity
target), currently favoring a "bulleted" strategy keyed
to shorter - intermediate securities, will be treacherous,
too. Performance swings between "bullets" and
"barbells," (i.e., splitting investments between short -
and long -term securities) have been volatile in recent
months and likely will remain so, as unsettled market
conditions keep interest rates fluctuating across the
maturity spectrum.
Gary Schlossberg April 21, 2009
Wells Capital Management (WellsCap) is a registered investment
adviser and a wholly owned subsidiary of Wells Fargo Bank,
N.A. WellsCap provides investment management services for a
variety of institutions. The views expressed are those of the
author at the time of writing and are subject to change. This
material has been distributed for educational purposes only, and
should not be considered as investment advice or a
recommendation for any particular security, strategy or
investment product. The material is based upon information we
consider reliable, but its accuracy and completeness cannot be
guaranteed. Past performance is not a guarantee of future
returns. As with any investment vehicle, there is a potential for
profit as well as the possibility of loss. For additional
information on Wells Capital Management and its advisory
services, please view our web site at www.wellsc,al2.com, or refer
to our Form ADV Part II, which is available upon request by
calling 415.396.8000.
Meeting Date:
Subject:
ATTACHMENTS:
Name:
052109 EAO - Minutes.doc
AGENDA REPORT
May 28, 2009
Executive Administrative - Organizational Committee
(Summerfield /Mills) Alternate: Collett
Minutes of meeting held May 21, 4:00 p.m.
Meeting scheduled for June 16, 4:00 p.m.
Description:
EAO Mtg Minutes 05/21/09
ITEM NO. 10.1
Type:
Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
EXEC-ADM IN-ORGANIZATIONAL COMMITTEE MEETING
May 21, 2009
A meeting of the Executive - Administrative - Organizational Committee was called to
order by Director Summerfield at 4:00 p.m. The meeting was held at the District's
Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870.
COMMITTEE
Director John Summerfield, Chair
Director William R. Mills
1. PUBLIC COMMENTS
None.
2. DISCUSSION ITEMS
STAFF
Ken Vecchiarelli, General Manager
2.1. Report on Grant Activities — Townsend Public Affairs
Mr. Christopher Townsend and Ms. Heather Dion from Townsend Public
Affairs presented a summary report on the status of the State budget
crisis, the State's plans to borrow property tax revenues and the status of
State legislative activities. The Committee discussed these matters at
length.
2.2. Plan for Obtaining Future State and Federal Grants - Townsend Public
Affairs
Mr. Townsend and Ms. Dion also reported on the status of funding
opportunities through various State and Federal programs and how the
President's stimulus package may affect these programs and offer
additional opportunities that the District may be able to benefit from.
2.3. Report on Legislative Activities — Sacramento Advocates
The Committee had no additional discussion of the report included in the
agenda packet.
2.4. Report on 2009 Legislative Bills — McCormick, Kidman & Behrens
The Committee received the report in their packet and had no questions or
comments.
2.5. General Counsel's Monthly Summary Billing Reports
The Committee reviewed the report and asked if any of the charges are
related to capital projects. Staff will prepare an attachment in the future
showing the net charges capitalized and expensed.
1
2.6. Directors' and General Manager's Fees and Expenses (Jan -Mar)
The Committee commented they had no concerns with the expense report
and staff added that total year -to -date and quarter -to -date Director and
GM expenses through March 31, 2009 are under budget for meetings,
conferences, travel and related expenses.
2.7. Future Planning Initiatives from the Strategic Planning Workshop
Staff will present a summary report at the first Board of Directors Meeting
in June.
2.8. Future Agenda Items and Staff Tasks
The Committee suggested staff prepare an action plan update for the
OCWD annexation matter.
3. ADJOURNMENT
3.1. The Committee adjourned at 5:40 p.m. The next regular meeting of the
Executive - Administrative - Organizational Committee will be held June 16,
2009 at 4:00 p.m.
2
ITEM NO. 10.5
AGENDA REPORT
Meeting Date: May 28, 2009
Subject: Public Information - Technology Committee
(Collett /Beverage) Alternate: Armstrong
Minutes of meeting held May 19, 9:00 a.m.
Meeting scheduled for June 2, 4:00 p.m. has been cancelled.
ATTACHMENTS:
Name: Description: Type:
051909 PIT - Minutes.doc PIT Mtg Minutes 05/19/09 Minutes
MINUTES OF THE
YORBA LINDA WATER DISRICT
PUBLIC INFORMATION - TECHNOLOGY COMMITTEE MEETING
May 19, 2009
A meeting of the Public Information - Technology Committee was called to order by
Director Collett at 9:00 a.m. The meeting was held at the District's Administrative Office
at 1717 E Miraloma Ave, Placentia CA 92870.
COMMITTEE
Director Ric Collett, Chair
Director Michael J. Beverage
1. PUBLIC COMMENTS
None.
2. DISCUSSION ITEMS
STAFF
Pat Grady, Assistant General Manager
Cindy Botts, Management Analyst
2.1. Conservation Ordinance Table Tents
Ms. Botts presented a draft of the table tents that were created by staff as
part of the conservation ordinance implementation plan. The committee
liked the design but suggested that staff look at both laminating the tents
and purchasing a clear plastic tent with a paper insert.
2.2. Conservation Ordinance General Information Tri -Fold
Ms. Botts presented the ordinance tri -fold designed by Avante- Garde, Inc.
The committee liked the design and asked for text clarification in one
portion of the tri -fold. They also asked that the tri -fold be reviewed by the
committee again at the end of the summer to make sure there were no
changes prior to going to a secondary print run. Ms. Botts informed the
committee that the first print run would begin the following day and would
allow for insertion into June's billing.
2.3. Water Lines Newsletter Spring 2009
Ms. Botts informed the committee that the newsletter had been delivered
to all District customers and confirmed that both committee members
received theirs. Ms. Botts also asked the committee to review the flyers to
be handed out to schools in the District.
2.4. Future Agenda Items and Staff Tasks
None.
3. ADJOURNMENT
3.1. The meeting was adjourned at 10:00 a.m. The next regular meeting of the
Public Information - Technology Committee was scheduled to be held June
2, 2009 at 4:00 p.m. but has since been canceled.
1
ITEM NO. 10.6
AGENDA REPORT
Meeting Date: May 28, 2009
Subject: MWDOC /OCWD Ad Hoc Committee
(Mills /Collett) Alternate: Summerfield
Minutes of meeting held May 26, 4:00 p.m. (to be provided at the meeting).
Meeting scheduled for July 28, 4:00 p.m.
ATTACHMENTS:
Name: Description: Type:
052609 MWDOC OCWD - Minutes.doc MWDOC /OCWD Mtg Minutes 05/26/09 Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
MWDOC AND OCWD AD HOC COMMITTEE MEETING
May 26, 2009
A meeting of the YLWD - MWDOC -OCWD Ad Hoc Committee was called to order at 4:00
p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma
Ave, Placentia CA 92870.
YLWD COMMITTEE MEMBERS
Director William R. Mills, Chair
MWDOC COMMITTEE MEMBERS
Brett Barbre, Director
OCWD COMMITTEE MEMBERS
Roger Yoh, Director
1. PUBLIC COMMENTS
None.
2. DISCUSSION ITEMS
YLWD STAFF
Ken Vecchiarelli, General Manager
MWDOC STAFF
Kevin Hunt, General Manager
OCWD STAFF
Mike Markus, General Manager
2.1. Water Supply Update — MWDOC
MWDOC General Manager Kevin Hunt presented an update of the import
water supply for the upcoming fiscal year. Mr. Hunt reported Metropolitan
Water District's (MWD) allocation from the State Water Project has been
increased to 40 %. He explained this translates into less water that will
have to be taken out of critically depleted storage reserves. Mr. Hunt
further reported the Colorado River Aqueduct (CRA) is expected to flow at
near full capacity delivering approximately 1.1 to 1.2 million acre feet over
the next fiscal year. The Committee discussed concerns about
sustainability of these flows considering the CRA allocations and
commitments to other users with prescribed water rights. OCWD General
Manager Mike Markus added that the overdraft condition of the Orange
County Groundwater Basin, the local drinking water supply, is expected to
be at nearly 360,000 acre feet by the end of next month. Mr. Markus also
reported on OCWD efforts to secure rights to store additional water behind
Prado Dam. These discussions are ongoing with the US Army Corps of
Engineers.
2.2. Met Issues (Conservation and Outreach) — MWDOC
Mr. Hunt reported on the status of conservation efforts within Orange
County, collaborative message development, MWD's rebate programs
and their outreach on the need for additional conservation and mandatory
water restrictions. MWD's broadcast television and news radio
advertisements have been very visible and well received. The television
ads can be viewed on MWD's website at the address shown below:
http: / /www.bewaterwise.com /movies /ad campaigns /ads.html#
1
Mr. Hunt also reported on the status of water agencies' efforts throughout
the county to establish and adopt water conservation ordinances and
water waste prohibitions. Mr. Vecchiarelli reported that YLWD adopted its
conservation Ordinance at the May 14th Board of Directors Meeting.
2.3. State Budget Issues — MWDOC
Mr. Hunt reported on the recent news that the State may borrow up to 8%
of the property tax revenue from cities, counties and special districts. The
Committee discussed whether the State would shift tax revenues
proportionately or if special districts would bear a larger burden as they did
in previous years.
2.4. Lease Site for Well at Santa Ana Lakes — YLWD
The Committee discussed a request from YLWD to OCWD for
consideration of a groundwater well site located on the Warner Basin site
adjacent to La Palma Avenue. Mr. Markus explained that OCWD is
currently exploring options with a potential property developer for this site.
While there are no firm commitments, in the interest of moving YLWD's
request forward, Mr. Markus suggested exploring other OCWD sites for
consideration.
2.5. OCWD Annexation — YLWD
Mr. Markus explained OCWD's intent to separate the Long Term Facilities
Plan from proposed annexations. The OCWD Board of Directors will vote
on this matter at their meeting on May 27th. OCWD staff's
recommendation is to terminate the current annexation MOU's with Irvine
Ranch Water District and the City of Anaheim and to receive and file the
LTFP once comments for the original PEIR have been addressed. YLWD,
Anaheim and IRWD can reapply for annexation following these actions if
they still desired to do so.
2.6 Future Agenda Items and Staff Tasks
None discussed.
3. ADJOURNMENT
3.1. The Committee adjourned at 5:20 p.m. The next regular meeting of the
YLWD - MWDOC -OCWD Ad Hoc Committee will be held July 28, 2009 at
4:00 p.m.
2
ITEM NO. 12.1
AGENDA REPORT
Meeting Date: May 28, 2009
Subject: Meetings from May 29, 2009 thru June 30, 2009
STAFF RECOMMENDATION:
Authorize Directors and such staff members of the District as approved by the General Manager to
attend the listed meetings.
ATTACHMENTS:
Nu,,, -.
BOD Activities Calendar.pdf
Description:
BOD Activities Calendar
Board of Directors Activity Calendar
Event
June 2009
District Board Workshop
Yorba Linda City Council
MWDOC /MWD Workshop
OCWD Board
Planning- Engineering- Operations Committee
Personnel -Risk Management Committee
Finance - Accounting Committee
City of Placentia Ad Hoc Committee
Yorba Linda Planning Commission
District Board Meeting
Exec utive- Admin- Organizational Committee
Yorba Linda City Council
MWDOC Board
OCWD Board
Yorba Linda Planning Commission
District Board Meeting
Date
Tue, Jun 2
Tue, Jun 2
Wed, Jun 3
Wed, Jun 3
Thu, Jun 4
Mon, Jun 8
Tue, Jun 9
Wed, Jun 10
Wed, Jun 10
Thu, Jun 11
Tue, Jun 16
Tue, Jun 16
Wed, Jun 17
Wed, Jun 17
Wed, Jun 24
Thu, Jun 25
Time Attendance by:
8:OOAM
6:30PM
7:30AM
5:OOPM
4:OOPM
4:OOPM
4:OOPM
4:OOPM
7:OOPM
6:30PM
4:OOPM
6:30PM
8:30AM
5:OOPM
7:OOPM
8:30AM
Mills
Staff
Staff
Mills /Armstrong
Armstrong /Collett
Beverage /Summerfield
Collett
Summerfield /Mills
Armstrong
Staff
Staff
Summerfield
5/22/2009 2:1 1 :00 PM