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HomeMy WebLinkAbout2009-07-23 - Board of Directors Meeting Agenda PacketYorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, July 23, 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. SPECIAL RECOGNITION 6.1. Presentation of Proclamation to Leon De los Reyes for 20 Years of Service to the District 6.2. Recognize Hank Samaripa, Project Engineer, for Completion of the ACWA/JPIA Professional Development Program 7. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 7.1. Minutes of the Regular Board of Directors Meeting Held July 9, 2009 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,850,577.69. 7.3. Progress Payment Number 1 for the Zone Reconfiguration Project Recommendation: That the Board of Directors approve Progress Payment No. 1 in the net amount of $196,852.05 to Ken Thompson, Inc. for construction of the Zone Reconfiguration Project, Job No. 200710. 7.4. Progress Payment No. 2 for Construction of the Hidden Hills Reservoir Project Recommendation: That the Board of Directors approve Progress Payment No. 2 in the net amount of $278,100.00 to Pacific Hydrotech Corporation for construction of the Hidden Hills Reservoir Project, Job No. 200028. 8. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 8.1. Amended Conflict of Interest Code Recommendation: That the Board of Directors approve Resolution 09 -09 Adopting a Conflict of Interest Code which Supersedes all Prior Conflict of Interest Codes and Amendments Previously Adopted, and direct the Secretary to file the District's amended code with the Clerk of the Orange County Board of Supervisors. 8.2. Sewer Maintenance Charges for Locke Ranch and Areas Outside of the District for Fiscal Year 2009/10 Recommendation: That the Board of Directors approve Resolution 09 -10 Adopting the Sewer Maintenance Charge for Locke Ranch and Other Areas Outside the District Boundaries and Electing to have such Sewer Maintenance Charge Collected on the Fiscal Year 2009110 Tax Roll and Rescinding Resolution 08 -09. 9. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District's interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 9.1. Web Site and Online Utility Billing Payments Update Recommendation: This is for information only. No action is required. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report 10.2. Directors' Reports 10.3. General Manager's Report 10.4. Future Agenda Items and Staff Tasks 11. COMMITTEE REPORTS 11.1. Executive Administrative - Organizational Committee (Summerfield /Mills) Alternate: Collett Minutes of meeting held July 21, 4:00 p.m. (to be provided at the meeting). • Meeting scheduled for August 18, 4:00 p.m. 11.2. Finance - Accounting Committee (Beverage /Summerfield) Alternate: Mills Minutes of meeting held July 14, 4:00 p.m. Meeting scheduled for August 11, 4:00 p.m. 11.3. Personnel -Risk Management Committee (Armstrong /Collett) Alternate: Summerfield Minutes of meeting held July 13, 4:00 p.m. Meeting scheduled for August 10, 4:00 p.m. 11.4. Planning- Engineering- Operations Committee (Mills /Armstrong) Alternate: Beverage Meeting scheduled for August 6, 4:00 p.m. 11.5. Public Information - Technology Committee (Collett /Beverage) Alternate: Armstrong Meeting scheduled for August 4, 4:00 p.m. 11.6. City of Placentia Ad Hoc Committee (Beverage /Vecchiarelli) • Meeting scheduled for September 17, 4:00 p.m. 11.7. MWDOC /OCWD Ad Hoc Committee (Mills /Collett) Alternate: Summerfield • Meeting scheduled for July 28, 4:00 p.m. has been cancelled but may be rescheduled in August if needed. • Meeting scheduled for September 22, 4:00 p.m. 11.8. Revenues and Rates Ad Hoc Committee (Collet /Mills) Minutes of meeting held July 20, 4:00 p.m. (to be provided at the meeting). Meeting to be scheduled. 11.9. Citizens Advisory Committee Meeting on July 27, 8:30 a.m. has been rescheduled for August 3, 8:30 a.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. MWDOC Board, July 15 (Staff) 12.2. OCWD Board, July 15 (Staff) 12.3. Yorba Linda Planning Commission, July 15 (Collett) 12.4. Yorba Linda City Council, July 21 (Armstrong) 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from July 24, 2009 thru August 31, 2009 Recommendation: Authorize Directors and such staff members of the District as approved by the General Manager to attend the listed meetings. 14. CONFERENCES AND SEMINARS 14.1. Independent Special Districts of Orange County Quarterly Meeting - July 30, 2009 2009 Public Official Conference - September 24 -26, 2009 Recommendation: Authorize Directors and such staff members of the District as approved by the General Manager to attend the listed conferences and seminars. 15. CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and /or litigation. The public is excused during these discussions. 15.1. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Pat Grady Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association 16. ADJOURNMENT 16.1. The next regular meeting of the Board of Directors will be held August 13, 2009 at 8:30 a. 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: July 23, 2009 ITEM NO. 7.1 Subject: Minutes of the Regular Board of Directors Meeting Held July 9, 2009 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: vescription: 070909 BOD - Minutes.doc BOD Mtg Minutes N7 0u ; Gz MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING July 9, 2009 1. CALL TO ORDER The July 9, 2009 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Summerfield at 8:30 a.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. 2. PLEDGE OF ALLEGIANCE 3. 4. 5. ROLL CALL DIRECTORS PRESENT John W. Summerfield, President William R. Mills, Vice President Paul R. Armstrong Michael J. Beverage Ric Collett STAFF PRESENT Ken Vecchiarelli, General Manager Pat Grady, Asst General Manager Steve Conklin, Engineering Manager Diane Cyganik, Finance Director Gina Knight, Human Resources Mgr Annie Alexander, Executive Secretary ADDITIONS /DELETIONS TO THE AGENDA None. PUBLIC COMMENTS None. 6. CONSENT CALENDAR On a motion by Director Collett, seconded by Director Armstrong, the Board voted 5 -0 to approve the Consent Calendar. 6.1. Minutes of the Regular Board of Directors Meeting Held June 25, 2009 Recommendation. That the Board of Directors approve the minutes as presented. 6.2. Minutes of the Board of Directors Workshop Meeting Held July 1, 2009 Recommendation. That the Board of Directors approve the minutes as presented. 6.3. Payment of Bills, Refunds, and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of $708,472.32. 6.4. Progress Payment No. 14 for the Highland Reservoir Replacement Project Recommendation. That the Board of Directors approve Progress Payment No. 14 in the net amount of $119,942.06 to Schuler Engineering Corporation and 10% retention of $13,326.90 deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309. 6.5. Terms and Conditions for Water and Sewer Service with St. Joseph Health System Recommendation. That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with St. Joseph Health System, Job No. 200910. 7. ACTION CALENDAR 7.1. Final Progress Payment No. 25 for the Lakeview Reservoir Project Mr. Conklin introduced the item and stated that construction for the project was now complete. Director Armstrong asked regarding the status of landscaping for the project. Mr. Conklin stated that options for landscaping would be brought to the Planning- Engineering- Operations Committee for consideration. On a motion by Director Mills, seconded by Director Armstrong, the Board voted 5 -0 to approve Final Progress Payment No. 25 in the net amount of $57,635.09 to SSC Construction, Inc. and 5% retention of $3,033.44 deposited to City National Bank Escrow Account; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for the Lakeview Reservoir Project, Job No. 200704. 7.2. Award Construction Contract for Lakeview Sewer Lift Station Rehabilitation Project Mr. Conklin introduced the item and stated that 11 bids had been received for the construction project. A bid tabulation sheet was included in the agenda packet. The lowest bid was received from Schuler Engineering Corporation for $132,087. On a motion by Director Armstrong, seconded by Director Mills, the Board voted 5 -0 to authorize the President and Secretary to execute a construction agreement between Schuler Engineering Corporation and the Yorba Linda Water District for the Lakeview Sewer Lift Station Rehabilitation Project in the amount of $132,087, subject to the approval as to form by General Counsel. K 7.3. Award Engineering Services for the Highland Booster Pump Station Replacement Project Mr. Conklin introduced the item and explained that this project would help increase groundwater production within the District. Staff solicited bids from 6 engineering firms, however, only 4 were received. Director Mills stated that his son was currently employed by MWH and that he didn't believe it would be considered a conflict of interest for him to vote on this item. Director Mills further stated that neither he nor his son would receive any compensation should the District award this contract to MWH. Director Beverage made a motion, seconded by Director Collett to authorize the President and Secretary to execute a Professional Services Agreement with MWH, in the amount not to exceed $469,593, to provide Engineering Design and Construction Phase Services for the Highland Booster Pump Station Replacement Project. Mr. Conklin and Mr. Vecchiarelli then responded to questions from the Board regarding the reason why staff did not recommend awarding the contract to Tetra Tech, the firm with the lowest cost proposal. Mr. Vecchiarelli also responded to questions from the Board regarding the property, building site and related easements with the City of Yorba Linda for the Palm Avenue Booster Pump Station. This project is another facility critical for transporting groundwater throughout the District and is identified in the Five Year Capital Improvement Project Plan. The motion passed with the Board voting 5 -0. 8. DISCUSSION ITEMS 8.1. 2009 Water Rate Report Mr. Vecchiarelli stated that the notice of public hearing to consider the 2009 Water Rate Report would be provided to the printer within the next few days. The printed notices will be mailed to District customers the following week. 8.2. Status of Hidden Hills Reservoir Project Mr. Conklin reported that the heavy excavation work for the project had been completed. Construction work will now begin on the substructure of the reservoir and related pipelines. Mr. Conklin then responded to questions from the Board regarding mitigation measures being taken to preserve the native vegetation. 9. REPORTS, INFORMATION ITEMS AND COMMENTS 9.1. President's Report No report was given. 9.2. Directors' Reports No reports were given. K3 9.3. General Manager's Report Mr. Vecchiarelli reported that this was the first week of the water conservation ordinance being in effect. Mr. Vecchiarelli noted that most of the community was taking the ordinance seriously and that as of July 1St water demands were down 20 %. This may also be in part due to the cooler weather. Staff will continue to update the community with its progress using strategically placed message boards. Mr. Vecchiarelli then commended staff on their customer service efforts related to the ordinance. 9.4. General Counsel's Report No report was given as Mr. Kidman was not in attendance. 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS 10.1. Executive - Administrative - Organizational Committee (Summerfield /Mills) Alternate: Collett Meeting scheduled for July 21, 4:00 p.m. 10.2. Finance - Accounting Committee (Beverage /Summerfield) Alternate: Mills Meeting scheduled for July 14, 4:00 p.m. 10.3. Personnel -Risk Management Committee (Armstrong /Collett) Alternate: Summerfield Meeting scheduled for July 13, 4:00 p.m. 10.4. Planning- Engineering- Operations Committee (Mills /Armstrong) Alternate: Beverage Minutes of the meeting held July 2 were provided in the agenda packet. Directors Mills and Armstrong attended. Items discussed during the meeting were as follows: award engineering services for the Highland Booster Pump Station Replacement Project; award of construction contract for Lakeview Sewer Lift Station Rehabilitation Project; potential recycled water project; June monthly and FY 2008/09 final groundwater production and purchased water report; monthly preventative maintenance program report; monthly MWDOC Managers and OC Groundwater Producers meetings summary reports; status of proposed Casino Ridge Project; and status of capital projects in progress. Meeting scheduled for August 6, 4:00 p.m. CI 10.5. Public Information - Technology Committee (Collett /Beverage) Alternate. Armstrong Minutes of the meeting held July 7 were provided at the meeting. Directors Collett and Beverage attended. Items discussed during the meeting were as follows: notice of public hearing to consider 2009 Water Rate Report; water conservation ordinance table tents; Spanish translation of water conservation ordinance trifold brochure; July 2009 bill insert regarding water conservation Stage 2; OC Register advertisement, permanent signage and PYLUSD reverse call message regarding water conservation ordinance; letter to HOA's regarding assigned watering schedule; final version of MWDOC/YLWD truck magnets regarding water conservation; and 2009/10 promotional products. Meeting scheduled for August 4, 4:00 p.m. 10.6. MWDOC /OCWD Ad Hoc Committee (Mills /Collett) Alternate. Summerfield Meeting scheduled for July 28, 4:00 p.m. 10.7. City of Placentia Ad Hoc Committee (Beverage /Vecchiarelli) Meeting to be scheduled. 10.8. Citizens Advisory Committee Minutes of the meeting held June 29 were provided in the agenda packet. Items discussed during the meeting were as follows: MWD /OCWD/YLWD tours; public information items related to water conservation ordinance; water conservation ordinance enforcement; notice of water rate increase; OC Grand Jury reports; and status of the capital improvement program. Meeting scheduled for July 27, 8:30 a.m. 10.9. Revenues and Rates Ad Hoc Committee (Collett /Mills) Mr. Vecchiarelli requested that the Committee consider scheduling a meeting to discuss the draft 2009 Water Rate Report. Following discussion, a meeting was scheduled for July 16, 4:00 p.m. This has since been rescheduled to July 20, 10:00 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. MWDOC /MWD Workshop, July 1 (Staff) Staff did not attend. 11.2. OCWD Board, July 1 (Staff) Staff did not attend. 61 11.3. Yorba Linda City Council, July 7 (Mills) Director Mills attended and noted that Mr. Lindon Baker, a member of the District's Citizen Advisory Committee, spoke during the public comments section of the meeting regarding the importance of water conservation. Director Beverage asked if Mr. Baker had spoken as an individual or on behalf of the District. Yorba Linda City Council Member Nancy Rikel clarified that Mr. Baker had spoke as an individual and not as a District representative and that his comments were very informative. Council Member Rikel further stated that the Fullerton Arboretum had also provided the City Council with a presentation regarding water friendly landscaping at the meeting. Mr. Vecchiarelli then noted that the District had budgeted a partnership with the Fullerton Arboretum during this fiscal year to provide educational classes regarding water conservation. Information regarding these classes will be provided to the public once they have been scheduled. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from July 10, 2009 thru August 31, 2009 The Board reviewed the listed meetings with no changes. 13. ADJOURNMENT 13.1. On a motion by Director Beverage, seconded by Director Mills, the meeting was adjourned at 9:13 a.m. The next regular meeting of the Board of Directors will be held July 23, 2009 at 8:30 a.m. C.1 Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT July 23, 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. 7.2 Yes N/A $1,850,577.69 All Funds N/A N/A Finance N/A N/A Section 31302 of the California Water Code states 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 $1,850,577.69. DISCUSSION: The major items and wire transfers on this disbursement list are as follows: A wire of $621,898.54 to MWDOC for May 2009 water purchase; a wire of $2,274.50 to Parsons for Job 200704 June 2009 services; a wire of $30,880.00 to 1 st Enterprise Bank for Job 200028 for June 2009 retention; a check of $196,852.05 to Ken Thompson, Inc. for Job 200710 June 2009 progress payment; a check of $278,100.00 to Pacific Hydrotech Corporation for Job 200028 June 2009 progress payment; and, a check of $129,926.50 to MWDOC for 2009 -2010 Retail Connection Charge. The balance of $351,175.49 is routine invoices. ADP is now issuing our payroll checks, with the exception of the third party checks. We have two accounts payable check registers for this Board Meeting because we are in transition to a new Accounting System. The accounts payable check register from our D3 System is $1,425,181.90 and from the new Great Plains System is $185,925.18. Payroll No. 14 total is $239,470.61; and, the total disbursements of this agenda report are $1,850,577.69. A summary of the checks is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi - monthly. ATTACHMENTS: Name: CkList 0723 D3. Description: Check Register—D3 Type: Backup Material CkReg0723_GP.pdf Check Register—GP Backup Material 09 -CS 723.doc Cap Sheet 7/23/09 Backup Material Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 07 -10 -09 THRU 07 -23 -09 Check. Check... Posting. Vender Name ................... Check..... No Date Date Amount 72309B 07 -23 -09 07 -23 -09 1ST ENTERPRISE BANK 30,880.00 51926 07 -23 -09 07 -23 -09 ABIGAIL ABBOTT STAFFING SVC 2,937.80 51927 07 -23 -09 07 -23 -09 AQUA- METRIC SALES CO. 12,332.25 51928 07 -23 -09 07 -23 -09 ARROW HARDWARE 504.10 51929 07 -23 -09 07 -23 -09 ARTISTIC MAINTENANCE, INC 137.51 51930 07 -23 -09 07 -23 -09 ASSOCIATED LABORATORIES 3,458.30 51.931 07 -23 -09 07 -23 -09 AWWA 241.00 51932 07 -23 -09 07 -23 -09 AWWA - DUES 82.00 51933 07 -23 -09 07 -23 -09 BONTERRA CONSULTING 19,367.27 51838 07 -09 -09 07 -15 -09 BUTTER ENGINEERING INC - 12,340.00 51934 07 -23 -09 07 -23 -09 BUTIER ENGINEERING INC 9,402.50 51935 07 -23 -09 07 -23 -09 C & L REFRIGERATION CORP. 817.13 51936 07 -23 -09 07 -23 -09 CADET UNIFORM SERVICE 278.14 51937 07 -23 -09 07 -23 -09 CALIFORNIA BUSINESS BANK 21,872.45 51938 07 -23 -09 07 -23 -09 CALOLYMPIC SAFETY CO. 3,272.48 51939 07 -23 -09 07 -23 -09 CAROLLO ENGINEERS 14,177.50 51940 07 -23 -09 07 -23 -09 CDM, INC. 25,654.69 51941 07 -23 -09 07 -23 -09 CDW -G GOVERNMENT, INC 24.91 51942 07 -23 -09 07 -23 -09 CHAMBERS GROUP INC. 12,208.06 51943 07 -23 -09 07 -23 -09 CITY OF ANAHEIM 10,241.18 51944 07 -23 -09 07 -23 -09 CITY OF PLACENTIA 7,457.76 51945 07 -23 -09 07 -23 -09 COASTI.,INE EQUIPMENT 51.70 51946 07- 23- --09 07 -23 -09 DA's COPP CRUSHING CORP. 428.00 51947 07 -23 -09 07 -23 -09 DELL MARKETING L.P. 2,128.11 51948 07- 23--09 07 -23 -09 DELTA DENTAL - PMI 296.32 51949 07 -23 -09 07 -23 -09 DIEHL, EVANS & COMPANY, LLP 4,000.00 51950 07 -23 -09 07 -23 -09 DON WOLF & ASSOCIATES INC. 470.14 51951 07 -23 -09 07 -23 -09 EISEL ENTERPRISES, INC. 599.00 51952 07 -23 -09 07 -23 -09 FASTENAL COMPANY 131.91 51953 07 -23 -09 07 -23 -09 FRY'S ELECTRONICS 627.27 51954 07 -23 -09 07 -23 -09 HASCO OIL COMPANY 993.66 51955 07 -23 -09 07 -23 -09 HOME DEPOT CREDIT SERVICES 72.38 51956 07 -23 -09 07 -23 -09 INFOSEND 3,086.64 51957 07 -23 -09 07 -23 -09 INTRRTORS BY JANI -TRESS 586.12 51867 07 -09 -09 07 -10 -09 JORGE LOPEZ - 201.00 Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 07- 1.0 -09 THRU 07 -23 -09 Check. Check... Posting. Vendor Name ................... Check..... No Date Date Amount 51958 07 -23 -09 07 -23 -09 KATRINA BROWN 154.03 51959 07 -23 -09 07 -23 -09 KEN THOMPSON, INC. 196,852.05 51960 07 -23 -09 07 -23 -09 MAG SYSTEMS, INC_. 896.58 51872 07 -09 -09 07 -10 -09 MATT OSTIZ - 396.00 51_924 07 -10 -09 07 -10 -09 MATT OSTIZ 155.00 51961 07 -23 -09 07 -23 -09 MC FADDEN -DALE HARDWARE 500.90 51962 07 -23 -09 07 -23 -09 McCORMICK,KIDMAN & BEHRENS LLP 21,067.76 51874 07 -09 -09 07 -10 -09 MICROSOFT CORPORATTON*DONT USE - 34.2.53 W71409 07- 14--09 07 -14 -09 MUNICIPAL WATER DT'S'J'R_TC'T 621,898.54 51963 07 -23 -09 07 -23 -09 NEXTEL OF CALIFORNIA 1,942.74 51964 07 -23 -09 07 -23 -09 NICKEY PETROLEUM CO 4,106.16 51965 07 -23 -09 07 -23 -09 ORANGE COUNTY - I W M D 1,842.76 51966 07 -23 -09 07 -23 -09 ORANGE COUNTY - SANITATION 858.85 51967 07 -23 -09 07 -23 -09 ORANTGE COUNTY REGISTER 629.94 51968 07 -23 -09 07 -23 -09 ORANGE COUNTY WATER ASSN. -DUES 50.00 51969 07 -23 -09 07 -23 -09 ORVAC ELECTRONICS 71.22 51970 07 -23 -09 07 -23 -09 PACIFIC HYDROTECH CORPORATION 278,100.00 72309A 07 -23 -09 07 -23 -09 PACIFIC HYDROTECH CORPORATION 30,880.00 72309A 07 -23 -09 07 -23 -09 PACIFIC HYDROTECH CORPORA,m ON - 30,880.00 W72309 07 -23 -09 07 -23 -09 PARSONS ENGINEERING SCIENCE 2,274.50 51971 07 -23 -09 07- 23--09 PARTS SOURCE ANAHEIM 75.63 51972 07 -23 -09 07 -23 -09 PEGGY McCLURE 813.75 51973 07 -23 -09 07- -23 -09 PLACENTIA DISPOSAL 499.36 51974 07 -23 -09 07 -23 -09 POWER SAVE ENERGY CORP. 565.00 51975 07 -23 -09 07 -23 -09 PRAXAIR DISTRIBUTION 202.29 51976 07 -23 -09 07 -23 -09 R J SERVICES, INC 150.00 51889 07 -09 -09 07 -10 -09 REFRIGERATION CORPORATION - 817.13 51891 07 -09 -09 07 -15 -09 ROB KNAGGS - 1,200.00 51925 07 -14 -09 07 -14 -09 RON STICKNEY 2,034.00 51977 07 -23 -09 07 -23 -09 SC FUELS 1,199.45 51897 07 -09 -09 07 -10 -09 SCOTT COFFMAN - 201.00 51978 07 -23 -09 07 -23 -09 SCOTT W. MOULTON 3,740.00 51923 07- 10--09 07 -10 -09 SOUTHERN CALIF EDISON CO. 66,044.60 51979 07 -23 -09 07 -23 -09 SOUTHERN CALTY EDTSON CO. 232.64 51980 07 -23 -09 07 -23 -09 SOUTHERN CALIF EDISON- PLANNING 6,631.79 Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 07 -10 -09 THRU 07 -23 -09 Check. Check... Posting. Vendor Name ................... Check_.... No Date Date Amount 51981 07 -23 -09 07 -23 -09 SOUTHERN CALIF GAS CO. 25,126.77 51982 07 -23 -09 07 -23 -09 SOUTHERN COUNTIES 2,841.19 51983 07 -23 -09 07 -23 -09 ST.JOSEPH HERITAGE HEALTHCARE 35.00 51984 07 -23 -09 07 -23 -09 STACY BAVOL/PETTY CASH 434.65 51985 0723 -09 07 -23 -09 STAPLES BUSINESS ADVAN'1'AGE 1,081.52 51986 07 -23 -09 07 -23 -09 SYSTEMS SOURCE INC 355.30 51987 07 -23 -09 07 -23 -09 TETRA TECH, ISG #1 149.00 51988 07 -23 -09 07 -23 -09 TOTAL COMPENSATION SYSTEMS INC 3,800.00 51989 07 -23 -09 07 -23 -09 TRANSCAT, INC. 1,336.36 51990 07 -23 -09 07 -23 -09 UNDERGROUND SERVICE ALERT 172.50 51991 07 -23 -09 07 -23 -09 UNITED INDUSTRIES 606.83 51992 07 -23 -09 07 -23 -09 WALTERS WHOLESALE ELECTRIC CO 2,310.94 51993 07 -23 -09 07 -23 -09 YORBA LINDA HARDWARE 76.68 51920 07 -09 -09 07 -10 -09 ZANE WOLLER -95.00 1,425,181.90 Yorba Linda Water District Check Register For Checks Dated: 7/10/2009 thru 07/23/2009 Check No. Date Vendor Name Amount 52043 07/23/2009 ABIGAIL ABBOTT STAFFING SVC 1,202.75 52044 07/23/2009 AMERITEL YELLOW PAGES 241.00 52045 07/23/2009 B & M LAWN AND GARDEN INC 60.79 52040 07/23/2009 BRETT WYLAND 24.59 52046 07/23/2009 CADET UNIFORM SERVICE 278.14 52038 07/23/2009 COLDWELL BANKER 60.72 52048 07/23/2009 CPR TECHNOLOGY 208.39 52049 07/23/2009 D.R. CRISKE TRUCKING INC 1,744.09 52031 07/23/2009 DEMOLITION SERVICES 958.83 52035 07/23/2009 DOUGLAS EGGENBURG 15.78 52050 07/23/2009 ECONOMY RADIATOR REPAIR 95.00 52062 07/23/2009 EINER LINDHOLM 28.63 52051 07/23/2009 GEORGE TANNER 120.00 52032 07/23/2009 GLENDA STROOBANT 24.59 52030 07/23/2009 HENRY SC H M I DT 71.57 52052 07/23/2009 INTERIORS BY JANI -TRESS 3,768.00 52053 07/23/2009 KATRINA BROWN 1,008.18 52054 07/23/2009 LINCOLN NATIONAL LIFE 1,874.50 52033 07/23/2009 MAYANS DEVELOPMENT 977.50 52066 07/23/2009 MOSAMMAT AKHTER 51.31 52055 07/23/2009 MUNICIPAL WATER DISTRICT 129,926.50 52056 07/23/2009 ORANGE COUNTY - LAFCO 18,817.14 52042 07/23/2009 PAULA ARAGONE 135.57 52034 07/23/2009 PREFERRED GROUP PROPERTIES 20.88 52065 07/23/2009 SANDERS HYDROSEEDING 740.00 52047 07/23/2009 SARBS -CWEA 70.00 52057 07/23/2009 SHRED -IT LOS ANGELES 65.00 52036 07/23/2009 SHUBA SRINIVASAN 47.81 52041 07/23/2009 TAKE E. NAGAOKA 26.90 52058 07/23/2009 TERMINIX PROCESSING CENTER 2,153.40 52039 07/23/2009 52059 07/23/2009 52060 07/23/2009 52061 07/23/2009 52037 07/23/2009 TIMOTHY TIVENAN TOWNSEND PUBLIC AFFAIRS, INC VALVERDE CONSTRUCTION, INC. XEROX CORPORATION YELENA WESTERFIELD Total 5.79 5,240.00 14,600.00 1,248.13 13.70 $185,925.18 CHECK NUMBERS: Void Checks (D3) Checks (D3) Void Checks (GP) Checks (GP) July 23, 2009 51838, 51867, 51872 51874, 51889, 51891 51897, and 51920 to 51922 51923 TO 51993 51994 TO 52029 52030 TO 52066 WIRES: W -71409 MWDOC W -72309 Parsons W- 72309B 1St Enterprise Bank TOTAL OF CHECKS AND WIRES PAYROLL NO. 14 (including ADP checks): DISTRICT CHECK NUMBERS: Manual Checks 4332 TO 4338 $ 0.00 $ 770,128.86 $ 0.00 $ 185,925.18 $ 621,898.54 $ 2,274.50 $ 30,880.00 $ 655,053.04 $ 1,611,107.08 $ 239,470.61 TOTAL: $ 1,850,577.69 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF JULY 23, 2009 ------------------------------------------------------------------ ------------------------------------------------------------------ TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS AS FOLLOWS: WATER $ 1,267,106.52 SEWER $ 28,253.49 ID # 1 $ 218,724.50 ID # 2 $ 336,493.18 TOTAL: $ 1,850,577.69 Legend: D3 = Old Accounting System GP= Great Plains New Accounting System Meeting Date: To: From: AGENDA REPORT July 23, 2009 Board of Directors Ken Vecchiarelli, General Manager Budgeted: Total Budget: Cost Estimate: Funding Source: Account No: Job No: ITEM NO. 7.3 Yes 2.3M 2.3M ID No. 1 GO Bonds 301 -2700 200710 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Prepared By: Joe Polimino, Project Engineer CEQA Compliance: Exempt Subject: Progress Payment Number 1 for the Zone Reconfiguration Project SUMMARY: The Zone Reconfiguration Project will result in improved water pressure to approximately 800 homes in Pressure Zone 3. The project includes construction of approximately 8,500 feet of pipe and appurtenances and was awarded to Ken Thompson, Inc. for $1,099,000. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 1 in the net amount of $196,852.05 to Ken Thompson, Inc. for construction of the Zone Reconfiguration Project, Job No. 200710. DISCUSSION: In accordance with the contract documents, Ken Thompson, Inc. submitted a request for Progress Payment No. 1, in the amount of $218,724.50 for completed work through June 30, 2009. During this period, the contractor mobilized equipment on site and obtained their permits. They began potholing utilities to verify elevations and installed a total of approximately 2,350 L.F. of PVC pipeline in Vista Del Mar and Village Center Drive. The status of the construction contract with Ken Thompson, Inc. is as follows: • The current contract is $1,099,000.00 and 200 calendar days starting May 4, 2009. • If approved, Progress Payment No. 1 is $218,724.50 (19.9% of the total contract amount), less 10% retention of $21,872.45 for a net payment of $196,852.05. • Total payments to date including retention are $218,724.50 (19.9% of the total contract amount). • As of June 30, 2009, 58 calendar days were used (29.0% of the contract time). District Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment Number 1 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): On September 13, 2007, the Board of Directors authorized staff to modify the Current Five Year Plan Capital Improvement Projects List and the Adopted Budget for Fiscal Years 2007 -2009 by adding the Zone 4 Reconfiguration Project for the Twin Peaks Area of East Lake Village. On February 12, 2009, the Board of Directors authorized the President and Secretary to award a construction contract with Ken Thompson, Inc. in the amount of $1,099,000.00 for construction of the project. ATTACHMENTS: Description: Ken_ Thompson_ Progress_ Pay Report_1.pdf KTI Progress Pay Report 1 YDRBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Zone Reconfiguration Pro'ecct� PROGRESS PAY REQUEST NO. 1 LOCATION Yorba Linda, CA PROJECT NO. 280710 PAGES 1 OF 1 PAGES CONTRACTOR Ken Thompson, Inc. DATE 07/09109 ORIGINAL CONTRACT AMOUNT $1,099,000.00 AUTHORIZED CHANGE ORDERS $0,00 REVISED CONTRACT AMOUNT 1,089,000.00 PROGRESS PAY ESTIMATE FOR PERIOD 05/04109 TO 06130109 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $0.00 $218,724.50 $218,724.50 CHANGE ORDER WORK COMPLETED $0.00 $0.00 $0.00 TOTAL VALUE OF WORK COMPLETED $0.00 $218,724.50 $218,724.50 LESS RETENTION 10% - $21,872.45 LESS OTHER DEDUCTIONS Electronic Wire Fees $0.00 NET EARNED TO DATE $196,852.05 LESS AMOUNT PREVIOUSLY PAID $0.00 BALANCE DUE THIS ESTIMATE r$1196,852.05 NOTICE TO PROCEED COMPLETION TIME D TIME EXTENSIONS AL CONTRACT TIME ME EXPENDED TO DATE TIME REMAINING May 4, 2009 200 CALENDAR DAYS 0 CALENDAR DAYS 200 CALENDAR DAYS 58 CALENDAR DAYS 142 CALENDAR DAYS REQUESTED BY: -^ Behza asiri, Project Manage Ken Thompson, Inc. 1, RECOMMENDED BY: f Jesus Sosa, Inspector, YLWD DATE: 07109/09 DATE: APPROVED BY: DATE: Kenneth R. Vecchiarelli, General Manager, YLVND Meeting Date: To: From: Presented By: Prepared By: Subject SUMMARY: AGENDA REPORT July 23, 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. 7.4 Yes $9,000,000 $9,000,000 ID No. 2 GO Bonds 401 -2700 200028 Engineering N/A MND Progress Payment No. 2 for Construction of the Hidden Hills Reservoir Project The Notice to Proceed for the Hidden Hills Reservoir Project was issued May 11, 2009. Work includes the construction of a 2.0 million gallon buried concrete reservoir, upgrades to the Santiago Booster Pump Station, an all weather access road and pipeline appurtenances for the reservoir site. The successful low bidder was Pacific Hydrotech Corporation. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 2 in the net amount of $278,100.00 to Pacific Hydrotech Corporation for construction of the Hidden Hills Reservoir Project, Job No. 200028. DISCUSSION: In accordance with the contract documents, Pacific Hydrotech Corporation submitted a request for Progress Payment No. 2, in the amount of $309,000.00 for completed work through June 30, 2009. During this period, the contractor continued to set up construction offices and associated furnishings at the project site. Excavation of the access road to rough grade and the reservoir excavation was completed. Silt fence and other sediment control was maintained. The status of the construction contract with Pacific Hydrotech Corporation is as follows: • The current contract is $5,012,458.00 and 400 calendar days starting May 11, 2009. • If approved, Progress Payment No. 2 is $309,000.00 (6.2% of the total contract amount), less 10% retention of $30,900.00 for a net payment of $278,100.00. • Total payments to date including retention are $845,350.00 (16.9% of the total contract amount). • As of May 31, 2009, 51 calendar days were used (12.8% of the contract time). Staff and Butier, the District's construction manager for the project, have reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 2 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): The Board adopted a Negative Declaration for the Hidden Hills Reservoir project on February 12, 2004. On November 9, 2004, the Board authorized execution of an agreement with Carollo Engineers for design of project. This agreement was amended by Board action on November 22, 2005, adding design of the Santiago Booster Station Upgrades and again on October 26, 2006 for additional services required to complete the plans and specifications. Construction bids were received and a construction contract in the amount of $5,012,458 was awarded to the low bidder, Pacific Hydrotech Corporation on March 12, 2009. The Board has approved one progress payment to date for this project, which was approved June 25, 2009. ATTACHMENTS: same: Description: Type: Pacific _Hydrotech _Progress _Pay Report_2.pdf Pacific Hydrotech PPR 2 Backup Material YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Hidden Hills Reservoir PROGRESS PAY REQUEST NO. 002 LOCATION Yorba Linda, CA PROJECT NO. J- 200028 PAGE 1 OF 1 PAGES CONTRACTOR Pacific Hydrotech DATE June 30. 20109 ORIGINAL CONTRACT AMOUNT: $ 5,012,458.00 AUTHORIZED CHANGE ORDERS: 0.00 REVISED CONTRACT AMOUNT: 5,U72,458.00 PROGRESS PAY ESTIMATE FOR PERIOD dune 1, 2009 TO PREVIOUS THIS MONTH VALUE OF WORK COMPLETED CHANGE ORDER WORK COMPLETED TOTAL VALUE OF WORK COMPLETED LESS RETENTION 10% LESS OTHER DEDUCTIONS NET EARNED TO DATE LESS AMOUNT PREVIOUSLY PAID BALANCE DUE THIS ESTIMATE NOTICE TO PROCEED COMPLETION TIME APPROVED TIME EXTENSIONS TOTAL CONTRACT TIME TIME EXPENDED TO DATE TIME REMAINING 2009 TO DATE 1 $ 536,350.00 1 $ 309.000.00 1 $ 845.350.00 Electronic Wire Fees May 11, 2009 400 CALENDAR DAYS 0 CALENDAR DAYS 400 CALENDAR DAYS 51 CALENDAR DAYS 349 CALENDAR DAYS REQUESTED BY: _ DATE: Fill In name and contractor APPROVED BY: r c ' DATE: Steve,White, Construction Manager, Butler Engineering APPROVED BY: DATE: Steve Conkl[n, Engineering Manager. YLWD $ 40.00 $ 760 ,815.40 $ 482,715.00 $ 278,100.00 e7 -F-67 le AGENDA REPORT Meeting Date: July 23, 2009 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Pat Grady, Assistant General Manager Prepared By: Annie Alexander, Executive Secretary Budgeted: Total Budget: Cost Estimate: Funding Source: Account No: Job No: Dept: Reviewed by Legal: CEQA Compliance: Subject: Amended Conflict of Interest Code SUMMARY: ITEM NO. 8.1 N/A N/A N/A N/A N/A N/A Administration Yes N/A The Political Reform Act requires every local government agency to review its conflict of interest code biennially to determine if it is accurate or requires amendment. State law stipulates that the Orange County Board of Supervisors ( OCBOS) is the code reviewing body for the District's Conflict of Interest Code. The Clerk of the OCBOS has requested the District modify its 2008 code amendment to conform to a standardized format. STAFF RECOMMENDATION: That the Board of Directors approve Resolution 09 -09 Adopting a Conflict of Interest Code which Supersedes all Prior Conflict of Interest Codes and Amendments Previously Adopted, and direct the Secretary to file the District's amended code with the Clerk of the Orange County Board of Supervisors. COMMITTEE RECOMMENDATION: The Executive - Administrative - Organizational Committee will discuss this item at its meeting being held July 21 st. Staff will report the Committee's recommendation at the Board meeting. DISCUSSION: The District last amended its Conflict of Interest code on September 11, 2008 by Resolution No. 08- 10. Staff then forwarded a copy of the District's amended code to the Clerk of the OCBOS for review and approval by the OCBOS as required by California Government Code Section 87303. Following review, Darlene Bloom, Clerk of the OCBOS has requested that the District modify its 2008 code amendment to conform to a standardized format. Staff met with Ms. Bloom via teleconference on June 10th to further discuss the recommended modifications. The attached resolution reflects these modifications and has been reviewed by Ms. Bloom and District's legal counsel. ATTACHMENTS: Name: Description: Type: Resolution 09 Resolution 09 -09 Resolution 09 Adopting a Conflict of Interest Code.doc RESOLUTION NO. 09 -09 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED WHEREAS, the Political Reform Act of 1974, Government Code Section 81000 et. seq. ( "the Act "), requires a local government agency to adopt a Conflict of Interest Code pursuant to the Act; and WHEREAS, the Yorba Linda Water District has previously adopted a Conflict of Interest Code and that Code now requires updating; and WHEREAS, amendments to the Act have in the past and foreseeably will in the future require conforming amendments to be made to the Conflict of Interest Code-,and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains terms for a standard model Conflict of Interest Code, which, together with amendments thereto, may be adopted by public agencies and incorporated by reference to save public agencies time and money by minimizing the actions required of such agencies to keep their codes in conformity with the Political Reform Act. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The terms of 2 California Code of Regulations, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, together with Exhibits A and B in which members and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the Yorba Linda Water District. Section 2. The provisions of all Conflict of Interest Codes and Amendments thereto previously adopted by the Yorba Linda Water District and hereby superseded. Section 3. The Filing Officer is hereby authorized to forward a copy of this Resolution to the Clerk of the Orange County Board of Supervisors for review and approval by the Orange County Board of Supervisors as required by California Government Code Section 87303. Resolution No. 09 -09 Adopting a Conflict of Interest Code PASSED AND ADOPTED this 23rd day of July 2009, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: John W. Summerfield, President Yorba Linda Water District ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman and Behrens Resolution No. 09 -09 Adopting a Conflict of Interest Code CONFLICT OF INTEREST CODE OF THE YORBA LINDA WATER DISTRICT The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations, Section 18730) which contains the terms of a standard Conflict of Interest Code, which may be incorporated by reference in an agency's code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Yorba Linda Water District. Designated employees shall file statements of economic interests with the Yorba Linda Water District's Political Reform Act Filing Officer, Board Secretary, who will make the statements available for public inspection and reproduction (Government Code Section 82008). Upon receipt of the statements of the Yorba Linda Water District Board of Directors, General Manager or Designee of the General Manager, the Filing Officer shall make and retain a copy and forward the original of these statements to the Clerk of the Orange County Board of Supervisors. Statements for all other designated employees will be retained by the Filing Officer. Resolution No. 09 -09 Adopting a Conflict of Interest Code 3 APPENDIX CONFLICT OF INTEREST CODE OF THE YORBA LINDA WATER DISTRICT EXHIBIT A LIST OF DESIGNATED POSITIONS Designated Positions Disclosure Categories Member of the Board of Directors OC -01 Candidate for the Board of Directors OC -01 General Manager OC -01 Assistant General Manager OC -01 Designee of the General Manager OC -01 Auditor OC -01 Attorney OC -01 Consultant OC -30 Finance Director OC -41 Engineering Manager OC -41 Human Resources Manager OC -41 Information Technology Director OC -41 Operations Manager OC -41 Resolution No. 09 -09 Adopting a Conflict of Interest Code EXHIBIT B LIST OF DISCLOSURE CATEGORIES Disclosure Category Disclosure Description OC -01 All interests in real property in Orange County or the District, as well as investments, business positions and sources of income (including gifts, loans and travel payments). OC -30 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The Department Head /Director may determine that a particular consultant, although a "designated position ", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements of this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure required. The determination of disclosure is a public record and shall be filed with the Form 700 and retained by the Filing Office for public inspection. OC -41 All interests in real property in Orange County or the District, as well as investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, vehicles, or equipment (including training and consulting services) used by this department. Resolution No. 09 -09 Adopting a Conflict of Interest Code Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT July 23, 2009 Board of Directors Ken Vecchiarelli, General Manager Budgeted Cost Estimate: Funding Source: Diane Cyganik, Finance Director Dept: Reviewed by Legal: Diane Cyganik, Finance Director CEQA Compliance: ITEM NO. 8.2 N/A $320.00 N/A Finance N/A N/A Sewer Maintenance Charges for Locke Ranch and Areas Outside of the District for Fiscal Year 2009/10 Each year at this time, the Board of Directors considers the sewer maintenance charge collected by the District to finance maintenance of the public sewer system. This charge is uniformly imposed on all connections to the public sewerage collection system maintained by the District. For the District's water customers connected to public sewer maintained by the District, this charge is collected monthly on their water bill. For customers in the Locke Ranch Area as well as those areas outside the District boundaries served water by the Golden State Water Company but sewered by Yorba Linda Water District, the sewer maintenance charge is collected on the property tax rolls prepared by the County of Orange Auditor - Controller. This process is legally authorized and established by Resolution of the Board. Each year the Auditor Controller's office requires a certified resolution by the Board directing their office to add the charges as a special assessment to the tax roll. STAFF RECOMMENDATION: That the Board of Directors approve Resolution 09 -10 Adopting the Sewer Maintenance Charge for Locke Ranch and Other Areas Outside the District Boundaries and Electing to have such Sewer Maintenance Charge Collected on the Fiscal Year 2009/10 Tax Roll and Rescinding Resolution 08- 09. COMMITTEE RECOMMENDATION: The Finance - Accounting Committee discussed this matter at its July 14, 2009 meeting and supports staff's recommendation. DISCUSSION: The Board of Directors acted in May 2007 to increase the sewer maintenance charges imposed by the District. These charges finance the maintenance and operations of the public sewer system maintained by the District. The monthly charge for single family residential customers connected to the public sewer system was raised at that time from $3.50 to $5.50. Charges for other customer classifications were adjusted proportionately. The approved fees became effective on November 1, 2007. The current Sewer Maintenance Charges are as follows: Commercial - Industrial and Public Schools: 1. For all sewer customers in this category who use water meter reading, the rate shall be as follows: First 2,200 cubic feet per month of water consumption per month: $5.50 per month. All water consumption in excess of 2,201 cubic feet per month: $4.62 per 1,000 cu. ft. 2. Alternatively, for those customers who have a sewer meter or who can demonstrate to the District's satisfaction that 100% of the water meter reading ends up in the District's sewer system, the rate shall be as follows: • First 1,100 cubic feet per month: $5.50 per month. • All metered use in excess of 1,101 cubic feet per month at $5.06 per 1,000 cu. ft. Residential: 1. Residential - individually metered: $5.50 per month. 2. Residential - master metered: $3.85 per month per unit. The District collects the Sewer Maintenance Charge by adding it to the water bill of customers where the District provides water service and the customer also has a connection to the sewer system. For customers connected to the District sewer system that receive water service from another water purveyor, the District collects the Sewer Maintenance Charge through the property tax rolls prepared by the County of Orange Auditor /Controller. This is the case in the Locke Ranch Area and other areas outside the District boundaries which receive water service from Golden State Water Company. The Sewer Maintenance Charges are subject to the substantive and procedural requirements of Proposition 218 (California Constitution Article XIII D) barring an increase in the rates and /or a discretionary CPI increase of more than 5 %, except with proper notification to the property owners affected allowing adequate opportuntiy to protest any such increase. Staff is not recommending a change to the current sewer maintenance charge at this time. To collect the current maintenance charge in the Locke Ranch Area and other areas outside the District boundaries for Fiscal Year 2009/10, the County of Orange Auditor - Controller's Office requires a certified Resolution by the Board of Directors directing their office to add the charges to the tax rolls for the properties assessed. The County establishes a deadline in August to receive this information. PRIOR RELEVANT BOARD ACTION(S): On July 24, 2008, the Board of Directors passed Resolution No. 07 -13 adopting the current sewer maintenance charges and Resolution No. 08 -09 adopting these charges for customers in the Locke Ranch Area as well as areas outside the District boundaries and electing to have the charges collected on the Fiscal Year 2008/09 tax roll. ATTACHMENTS: Description: Resolution 09- 10 Sewer Maintenance Assessment.doc Resolution 09 -10 Resolution RESOLUTION NO. 09 -10 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE SEWER MAINTENANCE CHARGE FOR LOCKE RANCH AND OTHER AREAS OUTSIDE THE DISTRICT BOUNDARIES AND ELECTING TO HAVE SUCH SEWER MAINTENANCE CHARGE COLLECTED ON THE FISCAL YEAR 2009/10 TAX ROLL AND RESCINDING RESOLUTION 08 -09 WHEREAS, in October 1977, the City of Yorba Linda transferred and conveyed ownership of the Locke Ranch sewer system to the Yorba Linda Water District; and, WHEREAS, the Yorba Linda Water District ( "District" herein) Rules and Regulations for Rendition of Sanitary Sewer Service include a provision that a sewer maintenance charge is adopted by separate Resolution for the Locke Ranch and Other Areas Outside the District Boundaries; and, WHEREAS, the Board of Directors of the Yorba Linda Water District have from time to time adopted Ordinances and Resolutions to set and change the Sewer Maintenance Charge rates charged by the District; and, WHEREAS, the Locke Ranch sewer system and other sewer systems owned and maintained by the District are outside the existing District boundaries; and, WHEREAS, under authority of the California Water Code Sections 31100 and 31101.5 the District may provide sewer service and levy sewer maintenance charges on property located outside of the District boundaries and under California Health and Safety Code Sections 5471 and 5473 may elect to have the County of Orange Auditor /Controller collect such charges on the Orange County Property Tax roll; and, WHEREAS, the District made available at the District office the Sewer Maintenance Charge Report in May 2007, which explains the rate structure in greater detail; and, WHEREAS, as explained in Sewer Maintenance Charge Report document, the rate is not being used for a general governmental purpose but to pay for sewer service actually provided to the property; and, WHEREAS, the revenues from sewer rates do not exceed the amount required to provide such service and are equivalent to the amount of service received; and, WHEREAS, the revenues collected from sewer rates have been and will be used only to pay for the sewer services for which they were collected; and, Resolution No. 09 -10 Sewer Maintenance Assessment WHEREAS, the sewer service provided is not a standby charge, but for sewer immediately available to the property identified; and, WHEREAS, on July 24, 2008 at a Regular Board of Directors meeting, the Board of Directors approved using the Sewer Maintenance Charge rates established in Fiscal Year 2007 -08, and it will remain in effect until superseded or repealed by a subsequent resolution subject to the substantive and procedural requirements of Proposition 218 (California Constitution Article XIII D). NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District to adopt Sewer Maintenance Charge as follows: Section 1. The Yorba Linda Water District Sewer Maintenance Charge for the Locke Ranch and Other Areas Outside the District Boundaries for Fiscal Year 2009/10 is hereby approved and adopted at $66.00 per year per residential or equivalent commercial sewer connection and it will remain in effect until superseded or repealed by a subsequent resolution, with a discretionary CPI increase capped at 5% per year. Section 2. The Yorba Linda Water District Sewer Maintenance Charge for the Locke Ranch and Other Areas Outside the District Boundaries is hereby fixed in the amounts and against the owners of parcels with sewer connections as shown in Locke Ranch Sewer Maintenance Charge 2009 -2010 Fiscal Year dated July 15, 2009 (Exhibit "A" herein). By this reference Exhibit A is incorporated herein. A copy of Exhibit "A" is on file and available for public examination at the District Office located at: 1717 East Miraloma Avenue, Placentia, CA 92870. Section 3. The Board of Directors elects to have the County of Orange Auditor /Controller collect the charges fixed herein on the tax roll in the same manner, by the same persons, and at the same time as and together with and not separately from County of Orange taxes. Section 4. The Yorba Linda Water District Sewer Maintenance Charge for the Locke Ranch and Other Areas Outside the District Boundaries is imposed pursuant to the authority provided in Water Code Sections 31101.5 and adopted in accordance with the requirements of law. Section 5. The General Manager or his designee is authorized and directed to file with the County of Orange Auditor /Controller a copy of this Resolution together with the listing of parcel numbers and amounts of charges shown in Exhibit "A" and such other documentation as the County Auditor /Controller may require in order to accomplish the purpose of this Resolution. Resolution No. 09 -10 Sewer Maintenance Assessment 2 Section 6. Resolution No. 08 -09 is superseded effective immediately by the adoption of this Resolution. PASSED AND ADOPTED this 23rd day of July 2009, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: John W. Summerfield, President Yorba Linda Water District ATTEST: Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman and Behrens Resolution No. 09 -10 Sewer Maintenance Assessment Meeting Date: To: From: Presented By: AGENDA REPORT July 23, 2009 Board of Directors Ken Vecchiarelli, General Manager Pat Grady, Assistant General Manager Budgeted ITEM NO. 9.1 Yes Dept: Information Technology Reviewed by Legal: N/A Prepared By: Pat Grady, Assistant General Manager Subject: Web Site and Online Utility Billing Payments Update SUMMARY: Staff will update and present recent additions to the District's web site, including a status and demonstration of the online utility billing payment system for District customers. STAFF RECOMMENDATION: This is for information only. No action is required. AGENDA REPORT Meeting Date: July 23, 2009 Subject: Finance - Accounting Committee (Beverage /Summerfield) Alternate: Mills Minutes of meeting held July 14, 4:00 p.m. Meeting scheduled for August 11, 4:00 p.m. 11,,UUUUUUUUU ME ATTACHMENTS: Name: Description: 071409 FA - Minutes.doc FA Mtg Minutes 07/14/09 ITEM NO. 11.2 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT FINANCE - ACCOUNTING COMMITTEE MEETING July 14, 2009 A meeting of the Finance - Accounting Committee was called to order by Director Beverage at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE Director Michael J. Beverage, Chair Director William R. Mills, Alternate 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR STAFF Ken Vecchiarelli, General Manager Diane Cyganik, Finance Director Sandi Van Etten, Senior Accountant 2.1. Monthly Financial Statements for May 2009 The financial statements were reviewed and accepted as presented. 2.2. Monthly Investment Report for May 2009 The investment report was reviewed and accepted as presented. 3. DISCUSSION ITEMS 3.1. Monthly Portfolio Reports for June 2009 Mr. Khorey was contacted prior to the meeting and reported to staff that the portfolio was stable at the present time. The Committee had no questions for Mr. Khorey and therefore did not call him. 3.2. Locke Ranch Sewer Assessment The Locke Ranch Sewer Assessments will be presented at the next Board meeting. Staff reported it was not necessary to raise sewer rates at this time. 3.3. Future Agenda Items and Staff Tasks Mr. Beverage asked for a comparison with other cities /agencies rate increases. He also was interested in whether the state Individual Registered Warrants (IOUs) could be considered a form of investment for the District since the state has promised to pay 3.75% interest if the warrants are held until October. 4. ADJOURNMENT 4.1. The Committee adjourned at 5:00 p.m. The next regular meeting of the Finance - Accounting Committee will be held August 11, 2009 at 4:00 p.m. 1 ITEM NO. 11.3 AGENDA REPORT Meeting Date: July 23, 2009 Subject: Personnel -Risk Management Committee (Armstrong /Collett) Alternate: Summerfield Minutes of meeting held July 13, 4:00 p.m. Meeting scheduled for August 10, 4:00 p.m. ATTACHMENTS: Name: Description: Type: 071309 PRM - Minutes.doc PRM Mtg Minutes 07/13/2009 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL -RISK MANAGEMENT COMMITTEE MEETING July 13, 2009 A meeting of the Personnel -Risk Management Committee was called to order by Director Armstrong at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE Director Paul Armstrong, Chair Director Ric Collett 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS STAFF Pat Grady, Assistant General Manager Gina Knight, Human Resources Manager 2.1. Status of Recruitments Staff gave an update on the current recruitment for a Sr. Project Manager and announced the resignation of a 20 year veteran employee. 2.2. Status of Risk Management Activities Staff gave an update on future risk management /safety related training workshops which will be conducted on District property and open to other agencies. 2.3. Future Agenda Items and Staff Tasks None. On a motion by Director Armstrong, seconded by Director Collett, the Committee entered into Closed Session at 4:19 p.m. 3. CLOSED SESSION 3.1. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Pat Grady Gina Knight Employee Organization: Yorba Linda Water District Employees Association 1 The Committee reconvened in Open Session at 4:25 p.m. Director Armstrong announced that there were no reportable items from Closed Session. 4. ADJOURNMENT 4.1. The Committee adjourned at 4:40 p.m. The next regular meeting of the Personnel -Risk Management Committee will be held August 10, 2009 at 4:00 p.m. 2 ITEM NO. 11.8 AGENDA REPORT Meeting Date: July 23, 2009 Subject: Revenues and Rates Ad Hoc Committee (Collet /Mills) Minutes of meeting held July 20, 4:00 p.m. (to be provided at the meeting). Meeting to be scheduled. ATTACHMENTS: Name: Description: Type: 072009 RR - Minutes.doc RR Mtg Minutes 07/20/09 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT REVENUES AND RATES COMMITTEE MEETING July 20, 2009 A meeting of the Revenues and Rates Committee was called to order by Director Collett at 10:00 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 William R. Mills 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS STAFF Ken Vecchiarelli, General Manager Pat Grady, Assistant General Manager 2.1. Notice of Public Hearing to Consider 2009 Water Rate Report Mr. Vecchiarelli passed out copies of the public hearing notices which were mailed out early last week. Director Collett had already seen and reviewed his while Director Mills had not yet seen one. The Committee discussed the major components and the bold message items in the notice, all of which were explained and discussed in more detail in the Water Rate Report Discussion Item 2.2. 2.2. Draft 2009 Water Rate Report The Committee reviewed and discussed staff's PowerPoint presentation summarizing the water rate study and staff's recommendation for a water rate increase, including an option for a tiered rate structure for single family residential customers. The Committee asked questions and provided comments and perspectives to include other information in the presentation and Draft Water Rate Report, which will be brought to the full Board for review at the August 13th Meeting. 2.3. Future Agenda Items and Staff Tasks None. 3. ADJOURNMENT 3.1. The Committee adjourned at 11:20 a.m. The next meeting of the Revenues and Rates Committee will be scheduled as needed. 1 ITEM NO. 13.1 AGENDA REPORT Meeting Date: July 23, 2009 Subject: Meetings from July 24, 2009 thru August 31, 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 July 2009 Yorba Linda Planning Commission August 2009 Citizens Advisory Committee Public Information - Technology Committee Yorba Linda City Council MWDOC /MWD Workshop OCWD Board Planning- Engineering- Operations Committee Personnel -Risk Management Committee Finance - Accounting Committee Yorba Linda Planning Commission District Board Meeting Exec utive- Admin- Organizational Committee Yorba Linda City Council MWDOC Board OCWD Board Citizens Advisory Committee Yorba Linda Planning Commission District Board Meeting Date Time Attendance by: Wed, Jul 29 7:OOPM Collett Mon, Aug 3 Tue, Aug 4 Tue, Aug 4 Wed, Aug 5 Wed, Aug 5 Thu, Aug 6 Mon, Aug 10 Tue, Aug 11 Wed, Aug 12 Thu, Aug 13 Tue, Aug 18 Tue, Aug 18 Wed, Aug 19 Wed, Aug 19 Mon, Aug 24 Wed, Aug 26 Thu, Aug 27 8:30AM 4:OOPM 6:30PM 7:30AM 5:OOPM 4:OOPM 4:OOPM 4:OOPM 7:OOPM 8:30AM 4:OOPM 6:30PM 8:30AM 5:OOPM 8:30AM 7:OOPM 6:30PM Collett /Beverage Mills Staff Staff Mills /Armstrong Armstrong /Collett Beverage /S um merfi eld Collett Summerfield /Mills Armstrong Staff Staff Summerfield 7/17/2009 1 1 :51 :49 AM ITEM NO. 14.1 AGENDA REPORT Meeting Date: July 23, 2009 Subject: Independent Special Districts of Orange County Quarterly Meeting - July 30, 2009 2009 Public Official Conference - September 24 -26, 2009 STAFF RECOMMENDATION: Authorize Directors and such staff members of the District as approved by the General Manager to attend the listed conferences and seminars. ATTACHMENTS: Description: Type: ISDOC_Quarterly Meeting.pdf ISDOC Quarterly Meeting Backup Material Public Officials Conference.pdf Public Officials Conference Backup Material INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) Saundra Jacobs President [6]no���g THURSDAY, JULY 305 2009 11:30 A.M. - 1:00 P.M. SANDRA HUTCH ENS Orange County Sheriff - Coroner 1s' Year in Re view - A Look at Reforms and Reorganization within the Sheriff's Department Location: MWDOC / OCWD Joint Board Room 18700 Ward Street, Fountain Valley, CA 92708 Lunch: $16 (advance payment required) or $20 at the door Please make checks payable to "ISDOC - - and mail to Joan Finneaan at 258 Sherwood greet, reet, Costa Mesa, CA 92627 RSVP: Joan Finnegan at (949) 548 -3690 by Friday, July 24, 2009 18700 Ward Street a Fountain Valley, CA 92708 a (714) 963 -3058 a (714) 964 -5930 fax A Cucamonga Valley � Water District ROBERTA. DeLOACH Secretary/Genaml Manager /CEO Board President Mr. John Summerfield Yorba Linda Water District P.O. Box 309 Yorba Linda, CA 92885 Dear Board President Summerfield, SUBJECT: 2009 PUBLIC OFFICIALS CONFERENCE September 24 — 26, 2009 — Indian Wells, CA CUCAMONGA VALLEY WATER DISTRICT 10440 Ashford Street Rancho Cucamonga, CA 91730 -2799 (909) 987 -2591 Fax(909)476-8032 We are honored to invite you as an elected or appointed representative to participate in an exciting new event. This event is geared specifically for the elected official, It will be a great opportunity for you to network with your fellow peers from all over the state. You will be able to share ideas and develop solutions to the issues confronting elected officials today. Mr. Lou Tice, Chairman of the Pacific Institute, Inc., is our invited key -note speaker. Mr, Tice is one of the most highly respected educators in the world today. International business, political, and military leaders consult with him on how to bring out the best in those with whom they work. He believes that you must "change the way you think and you change the way you run your life ". The event will be held in September in Indian Wells at the Esmeraida Resort, We have a number of corporate sponsors for this event which have allowed us to keep the registration and conference expenses to a minimum. A block of rooms have been reserved with a special rate. Based on the initial response we have had for this conference we are anticipating a strong response and turnout. To ensure that we are able to accommodate everyone's needs and allow for maximum participation we are asking that each agency limit their attendance to two members each. This invitation is being sent to you as the chair or president of your organization and in addition to your attendance we would request that you select one additional member from your board or council to attend along with you. We appreciate your understanding. If you have any questions regarding the conference, please contact Beth Barry at CVWD at (909) 483 -7302. Sincerely, Randall J. Reed Dr. Bill Mathis Board President The Mathis Group Cucamonga Valley Water District Mathis Group RANDALL J. REED KATHYTIEGS OSCAR GONZALEZ President Vice Presldertt Director Thomas P. Evans Board President ,. WESTERN '" MUNICIPAL . _ WATER DISTRICT HENRY L. "HANK -STOP JAMES V. CURATALO, JR. Director Director Publu Off ciafs `W'orksfiop - 'Taking your Board or Council to the 5W4 Leve11" September 24 - 26, 2009 Rrnaissance Esmeralda Tsort 44 -400 Indian Welxs Lane, Indian Weffs, CA Name Title Organization Address City, State, Zip Phone (best contact number) Attendee's E -mail address E -mail address to send confirmation Events, Registration & Fees -ZJ� Thursday evening reception/dinner @ Sponsored -0- Spouse's name, if attending Event Conference Friday and half -day Saturday Friday evening reception/dinner (registrants) Friday evening reception/dinner (spouse) TOTAL REGISTRATION * *Make Check payable to CV'WD, atm: Robert DeLoachfPublic Officials Conference @ $275.00 $ @ Sponsored -0- Event $ 30.00 $ Hotel Accommodations: The Renaissance Esmeralda Resort is providing lodging at the reduced rate of $179.00 The Deadline for reservations is August 20, 2009. Contact Renaissance Reservations at (800) 446 -9875 or (877) 804 -4070. Specify "Public Officials Workshop" to get the discounted rate. Questions? Weed more information? Contact Beth at (909) 483 -7302 tSEh k rich AM 't 3 y MOAJi) A 7v 15,000-f C°,!t TO/Zl vzs Yorba Linda Water District CHANGE OF DATE Notice of Public Hearing to Consider Increasing and Modifying Water Rates NOTICE IS HEREBY GIVEN that the public hearing to consider modifying and increasing rates for water service has been rescheduled to Thursday, September 10, 2009 at 6:30 P.M. or as soon as possible thereafter in the Yorba Linda Water District Board Chambers, 1717 East Miraloma Avenue, Placentia, CA 92870. At the public hearing, the Board of Directors will consider written objections and protests to the proposed changes that have been received prior to the conclusion of the public hearing. Such protests must be mailed in advance to the attention of the Board Secretary at Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309, delivered in advance of the public hearing to the District offices at the address above and filed with the Board Secretary, or delivered in person and received by the Secretary prior to the conclusion of the public hearing. Water Charee Increase for All Customers and a Tiered Rate Ontion for Single Family Residential Customers Proposed Effective Date — September 14, 2009 Rate adjustments are being proposed to the water rates due to the increasing costs of operating, maintaining, and replacing the District's water system, the increasing costs of purchasing and delivering safe and reliable water service to the community, in addition to encouraging water users to conserve valuable water resources. The District's water suppliers, in addition to raising their rates significantly, have established a water supply allocation for FY 2009/10, starting July 1, 2009. This allocation limits the amount of water that can be purchased at the new wholesale rates, then cuts that historic average by nearly ten percent. Above these limits, additional and dramatic water supply cost increases have been established. Within the allocation limit, the District will pay $701 per acre foot (at), effective September 1, 2009. The District may purchase approximately 1,640 acre feet of additional water at a rate of $1,889 per acre foot (Overage Level 1). Water above this amount may be purchased at $3,077 per acre foot (Overage Level 2). These water costs are truly unprecedented and require a different approach to setting water rates. This wholesale water pricing requires retail agencies to promote water conservation goals to assure costs passed on to our customers, costs that are largely beyond the District's control, stay as reasonable as possible. This public hearing will consider an increase in the water consumption charge per unit, from the current rate of $1.79 to $2.52. One unit of water is equal to 748 gallons. The hearing will also consider the establish- ment of an alternative tiered water rate structure for single - family residential customers that have a dedi- cated water meter serving only their property. These customers represent over 90% of the District's account base. The proposed tiers are shown in Table "A ". If the tiered rate alternative is not adopted by the Board, the flat charge of $2.52 per unit, if approved for all other customers, would also apply to single family residential accounts. If approved, the new rates will become effective on September 14, 2009. The tiered rates and associated ranges have been established to be as revenue neutral as practical, using historical average water use ranges, and applying the District's current water supply allocation. Residential customers have an opportunity with the tiered rate structure to lower thew water bills within the first two tiers, when compared to the fixed rate charge of $2.52 per unit applied to the same amount of water used. Customers that use water in the higher ranges, pay a higher rate for the increments within that range only. Fable "A" Residential - Proposed Tiered Rate Customers (Sin} Effective September 14, Water Consumed Water Charge le Famill ) 2009 Price Per Unit 1 units Tier I 1 units 2.50 Tier HI 31 — .1 units 2.83 Tier IV 61 — :1 units 3.16 Basic Service Charee Increase Proposed Effective Date — September 14. 2009 This public hearing will also consider an increase to the basic service charge from the current rate of $835 per month to $10.20 per month. If approved, this new rate will also take effect September 14, 2009. The basic service charge provides a fixed revenue stream for the District, equivalent to approximately 25% of the fixed costs of providing water service. Fixed costs are considered those costs that are not directly related to the purchase of water and the energy required to pump it throughout our service area. Examples of fixed costs include materials, supplies, services, salaries, benefits, and interest and debt principal payments. These costs are incurred regardless of the amount of water purchased and sold. Example Charges of Proposed Rates Your water bill is calculated by tatting the units of water used within the billing period (typically thirty days) and multiplying that number times the appropriate water charge per unit. The basic service charge is then added to get the total. The average residential water use is around 30 units per month. An example of a typical 30 unit bill using the current rates is shown below, with the same bill calculated using the proposed new fuzed and tiered rate alternatives for single family customers. For all other customers, the same bill calculated using the proposed fixed rate would apply. Current Cost for 30 units of Water (All Customers): Water Charge Water Usage 30 (units) x $1.79 = $53.70 Basic Service Charge 8.35 Total Current Charges $62.05 Prouosed Cost for 30 units of Water Using Flat Rate (All Customers) - effective September 14.2009: Water Charge Water Usage 30 (units) x $2.52 = $75.60 Basic Service Charge 10_20 Total Proposed Charges (Fixed Rate) $85.80 Proposed Cost for 30 units of Water Using Alternative Tiered Rate (Single Family Residential Only) - effective September 14,2009: Water Charge Tier I Water Usage 10 (units) x $2.17 = $21.70 Tier II Water Usage 20 (units) x $2.50 = $50.00 Basic Service Charge 10.20 Total Proposed Charges (Tiered Rate) $81.90 Comparative Results: Tiered rate total is $3.90 less than with fixed rate water charge for the average bill of 30 units. Proposed Water Rate for Water Sold Above YLWD's Allocation in FY 2009/10 (Overage Level 1 and 2) The proposed water rates described above were derived using the expenses and revenues identified in the approved Budget for FY 2009/10, along with the target rates and revenues calculated in the Draft 2009 Water Rate Report and as advised by the Board of Directors. The projected water rate revenues fall substantially short of entirely funding the cost of providing services as identified in the Adopted Budget. Nonetheless, if the District reaches its allocation point some time before the end of the fiscal year (June 30, 2010) and our customers still have water demands to be met; the only additional expenses the District will need to meet are the new variable water operating costs, which includes the wholesale cost of the incremental water purchased and the additional energy (power) costs used to pump it through the community. The Draft 2009 Water Rate Report shows that the average cost of power for pumping in FY2009 /10 is projected to be $68.73 per acre foot (af). As previously identified in this notice, the District's water suppliers have set the purchase price for water above YLWD's allocation point, at $1,889 per of for the fast 1,640 af. The costs are set at $3,077 for every acre foot purchased thereafter. The combined cost for water and power therefore is $1,889 + 68.73 = $1,957.73/af for the first overage level above allocation (wholesale cost), and $3,077 + 68.73 = $3,145.73/af for all water purchased in the second overage level (wholesale cost). As there are 435.6 units in an acre foot, the unit cost of water above allocation is $1,957.73 divided by 435.6, or $4.49 (Overage Level 1) per unit for the fast 1,640 of and $3,145.73 divided by 435.6, or $7.22 (Overage Level 2) per unit thereafter. This public hearing will consider an increase in the water consumption charge of $4.49 per unit and $7.22 per unit, respectively, for Overage Level 1 and Overage Level 2, water use above allocation levels. These allocations may be established by separate resolution of the Board of Directors. Alternatively, the Board may choose to establish a fine or penalty of up to $10 per unit of water used in excess of the established allocation. Such fine or penalty must be adopted by separate Board Resolution. If the District has collected Overage Level 1, Overage Level 2 or alternate fines for water use above allocations, and following the water year audit, it is determined that the District will not be required to pay for all or any portion of this water at the above allocation prices, the Board may refund the surplus increment, transfer the balance to a rate stabilization fund for future use, commit the balance to active water conservation programs and improvements, or any combination of the above options, as approved by the Board of Directors at the public hearing. Documents Available for Review: The Adopted FY 2009/10 Budget and the Draft 2009 Water Rate Report may be viewed at the District's offices at the address on the front page of this notice, or by accessing the District's website at www.ylwd.com. If you received this notice, but are not the property owner or the tenant responsible for payment of the water bill, please forward this notice to the responsible party. DR��INf{� s /Vlf� ILEA ROAIdAY' </14y 13 rO A AP'k 'C CaS T0"C -,eS ®Yorba Linda Water District Notice of Public Hearing to Consider Increasing and Modifying Water Rates NOTICE IS HEREBY GIVEN that a public hearing to consider modifying and increasing rates for water service will be held on Thursday, August 27, 2009 at 6:30 P.M. or as soon as possible thereafter in the Yorba Linda Water District Board Chambers, 1717 East Miraloma Avenue, Placentia, CA 92870. At the public hearing, the Board of Directors will consider written objections and protests to the proposed changes that have been received prior to the conclusion of the public hearing. Such protests must be mailed in advance to the attention of the Board Secretary at Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309, delivered in advance of the public hearing to the District offices at the address above and filed with the Board Secretary, or delivered in person and received by the Secretary prior to the conclusion of the public hearing. Water Charee Increase for All Customers and a Tiered Rate Option for Sinele Family Residential Customers Proposed Effective Date — September 1. 2009 Rate adjustments are being proposed to the water rates due to the increasing costs of operating, maintaining, and replacing the District's water system, the increasing costs of purchasing and delivering safe and reliable water service to the community, in addition to encouraging water users to conserve valuable water resources. The District's water suppliers, in addition to raising their rates significantly, have established a water supply allocation for FY 2009/10, starting July 1, 2009. This allocation limits the amount of water that can be purchased at the new wholesale rates, then cuts that historic average by nearly ten percent. Above these limits, additional and dramatic water supply cost increases have been established. Within the allocation limit, the District will pay $701 per acre foot (af), effective September 1, 2009. The District may purchase approximately 1,640 acre feet of additional water at a rate of $1,889 per acre foot (Overage Level 1). Water above this amount may be purchased at $3,077 per acre foot (Overage Level 2). These water costs are truly unprecedented and require a different approach to setting water rates. This wholesale water pricing requires retail agencies to promote water conservation goals to assure costs passed on to our customers, costs that are largely beyond the District's control, stay as reasonable as possible. This public hearing will consider an increase in the water consumption charge per unit, from the current rate of $1.79 to $2.52. One unit of water is equal to 748 gallons. The hearing will also consider the establish- ment of an alternative tiered water rate structure for single - family residential customers that have a dedi- cated water meter serving only their property. These customers represent over 90% of the District's account base. The proposed tiers are shown in Table "A ". If the tiered rate alternative is not adopted by the Board, the flat charge of $2.52 per unit, if approved for all other customers, would also apply to single family residential accounts. If approved, the new rates will become effective on September 1, 2009. The tiered rates and associated ranges have been established to be as revenue neutral as practical, using historical average water use ranges, and applying the District's current water supply allocation. Residential customers have an opportunity with the tiered rate structure to lower their water bills within the first two tiers, when compared to the fixed rate charge of $2.52 per unit applied to the same amount of water used. Customers that use water in the higher ranges, pay a higher rate for the increments within that range only. I able "A" Residential - Proposed Tiered Rate Custolners (Single Water Consumed NN'mer Charge kiiiiii) Price Per Unit Tier I 1— 10 units $2.17 Tier H 11— 30 units 2.50 Tier III 31— 60 units 2.83 Tier IV 61— 80 units 3.16 Tier V 81+ units 3.49 Basic Service Charge Increase Proposed Effective Date — September 1. 2009 This public hearing will also consider an increase to the basic service charge from the current rate of $8.35 per month to $10.20 per month. If approved, this new rate will also take effect September 1, 2009. The basic service charge provides a fixed revenue stream for the District, equivalent to approximately 25% of the fixed costs of providing water service. Fixed costs are considered those costs that are not directly related to the purchase of water and the energy required to pump it throughout our service area. Examples of fixed costs include materials, supplies, services, salaries, benefits, and interest and debt principal payments. These costs are incurred regardless of the amount of water purchased and sold. Example Charges of Proposed Rates Your water bill is calculated by taking the units of water used within the billing period (typically thirty days) and multiplying that number times the appropriate water charge per unit. The basic service charge is then added to get the total. The average residential water use is around 30 units per month. An example of a typical 30 unit bill using the current rates is shown below, with the same bill calculated using the proposed new fixed and tiered rate alternatives for single family customers. For all other customers, the same bill calculated using the proposed fixed rate would apply. Current Cost for 30 units of Water (All Customers): Water Charge Water Usage 30 (units) x $1.79 = $53.70 Basic Service Charge 8.35 Total Current Charges $62.05 Proposed Cost for 30 units of using Water Flat Rate (All Customers) - effective September 1.2009: Water Charge Water Usage 30 (units) x $2.52 = $75.60 Basic Service Charge 10_20 Total Proposed Charges (Fixed Rate) $85.80 Proposed Cost for 30 units of Water Usine Alternative Tiered Rate (Sinele Family Residential Only) - effective September 1.2009: Water Charge Tier I Water Usage 10 (units) x $2.17 = $21.70 Tier II Water Usage 20 (units) x $2.50 = $50.00 Basic Service Charge 10_20 Total Proposed Charges (Tiered Rate) $81.90 Comparative Results: Tiered rate total is $3.90 less than with fixed rate water charge for the average bill of 30 units. Proposed Water Rate for Water Sold Above YLWD's Allocation in FY 2009/10 (Overage Level 1 and 2) The proposed water rates described above were derived using the expenses and revenues identified in the approved Budget for FY 2009/10, along with the target rates and revenues calculated in the Draft 2009 Water Rate Report and as advised by the Board of Directors. The projected water rate revenues fall substantially short of entirely funding the cost of providing services as identified in the Adopted Budget. Nonetheless, if the District reaches its allocation point some time before the end of the fiscal year (June 30, 2010) and our customers still have water demands to be met; the only additional expenses the District will need to meet are the new variable water operating costs, which includes the wholesale cost of the incremental water purchased and the additional energy (power) costs used to pump it through the community. The Draft 2009 Water Rate Report shows that the average cost of power for pumping in FY2009 /10 is projected to be $68.73 per acre foot (af). As previously identified in this notice, the District's water suppliers have set the purchase price for water above YLWD's allocation point, at $1,889 per of for the first 1,640 af. The costs are set at $3,077 for every acre foot purchased thereafter. The combined cost for water and power therefore is $1,889 + 68.73 = $1,957.73/af for the first overage level above allocation (wholesale cost), and $3,077 + 68.73 = $3,145.73/af for all water purchased in the second overage level (wholesale cost). As there are 435.6 units in an acre foot, the unit cost of water above allocation is $1,957.73 divided by 435.6, or $4.49 (Overage Level 1) per unit for the first 1,640 of and $3,145.73 divided by 435.6, or $7.22 (Overage Level 2) per unit thereafter. This public hearing will consider an increase in the water consumption charge of $4.49 per unit and $7.22 per unit, respectively, for Overage Level 1 and Overage Level 2 water use above allocation levels. These allocations may be established by separate resolution of the Board of Directors. Alternatively, the Board may choose to establish a fine or penalty of up to $10 per unit of water used in excess of the established allocation. Such fine or penalty must be adopted by separate Board Resolution. If the District has collected Overage Level 1, Overage Level 2 or alternate fines for water use above allocations, and following the water year audit, it is determined that the District will not be required to pay for all or any portion of this water at the above allocation prices, the Board may refund the surplus increment, transfer the balance to a rate stabilization fund for future use, commit the balance to active water conservation programs and improvements, or any combination of the above options, as approved by the Board of Directors at the public hearing. Documents Available for Review: The Adopted FY 2009/10 Budget and the Draft 2009 Water Rate Report may be viewed at the District's offices at the address on the front page of this notice, or by accessing the District's website at www.ylwd.com. If you received this notice, but are not the property owner or the tenant responsible for payment of the water bill, please forward this notice to the responsible party. NEw Na -T IC MA il- B1 1426A)M j TU4Y al ro AWgox . J, coo �usrori'1��5 Yorba Linda Water District Notice of Public Hearing to Consider Increasing and Modifying Water Rates NOTICE IS HEREBY GIVEN that a public hearing to consider modifying and increasing rates for water service will be held on Thursday, September 10, 2009 at 6:30 P.M. or as soon as possible thereafter in the Yorba Linda Water District Board Chambers, 1717 East Miraloma Avenue, Placentia, CA 92870. At the public hearing, the Board of Directors will consider written objections and protests to the proposed changes that have been received prior to the conclusion of the public hearing. Such protests must be mailed in advance to the attention of the Board Secretary at Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309, delivered in advance of the public hearing to the District offices at the address above and filed with the Board Secretary, or delivered in person and received by the Secretary prior to the conclusion of the public hearing. Water Charee Increase for All Customers and a Tiered Rate Option for Single Family Residential Customers Proposed Effective Date — September 14, 2009 Rate adjustments are being proposed to the water rates due to the increasing costs of operating, maintaining, and replacing the District's water system, the increasing costs of purchasing and delivering safe and reliable water service to the community, in addition to encouraging water users to conserve valuable water resources. The District's water suppliers, in addition to raising their rates significantly, have established a water supply allocation for FY 2009/10, starting July 1, 2009. This allocation limits the amount of water that can be purchased at the new wholesale rates, then cuts that historic average by nearly ten percent. Above these limits, additional and dramatic water supply cost increases have been established. Within the allocation limit, the District will pay $701 per acre foot (af), effective September 1, 2009. The District may purchase approximately 1,640 acre feet of additional water at a rate of $1,889 per acre foot (Overage Level 1). Water above this amount may be purchased at $3,077 per acre foot (Overage Level 2). These water costs are truly unprecedented and require a different approach to setting water rates. This wholesale water pricing requires retail agencies to promote water conservation goals to assure costs passed on to our customers, costs that are largely beyond the District's control, stay as reasonable as possible. This public hearing will consider an increase in the water consumption charge per unit, from the current rate of $1.79 to $2.52. One unit of water is equal to 748 gallons. The hearing will also consider the establish- ment of an alternative tiered water rate structure for single - family residential customers that have a dedi- cated water meter serving only their property. These customers represent over 90% of the District's account base. The proposed tiers are shown in Table 'W'. If the tiered rate alternative is not adopted by the Board, the flat charge of $2.52 per unit, if approved for all other customers, would also apply to single family residential accounts. If approved, the new rates will become effective on September 14, 2009. The tiered rates and associated ranges have been established to be as revenue neutral as practical, using historical average water use ranges, and applying the District's current water supply allocation. Residential customers have an opportunity with the tiered rate structure to lower their water bills within the first two tiers, when compared to the fixed rate charge of $2.52 per unit applied to the same amount of water used. Customers that use water in the higher ranges, pay a higher rate for the increments within that range only. Residential Cus(olners (Single Water Consumed Faluil) Price Per Unit Tier I I —10 units $2.17 Tier H 11 — 30 units 2.50 Tier HI 31— 60 units 2.83 Tier IV 61 — 80 units 3.16 Tier V 81+ units 3.49 Basic Service Charee Increase Pr000sed Effective Date — September 14. 2009 This public hearing will also consider an increase to the basic service charge from the current rate of $8.35 per mouth to $10.20 per month. If approved, this new rate will also take effect September 14, 2009. The basic service charge provides a fixed revenue stream for the District, equivalent to approximately 25% of the fixed costs of providing water service. Fixed costs are considered those costs that are not directly related to the purchase of water and the energy required to pump it throughout our service area. Examples of fixed costs include materials, supplies, services, salaries, benefits, and interest and debt principal payments. These costs are incurred regardless of the amount of water purchased and sold. Example Charges of Proposed Rates Your water bill is calculated by taking the units of water used within the billing period (typically thirty days) and multiplying that number times the appropriate water charge per unit. The basic service charge is then added to get the total. The average residential water use is around 30 units per month. An example of a typical 30 unit bill using the current rates is shown below, with the same bill calculated using the proposed new fixed and tiered rate alternatives for single family customers. For all other customers, the same bill calculated using the proposed fixed rate would apply. Current Cost for 30 units of Water (All Customers): Water Charge Water Usage 30 (units) x $1.79 = $53.70 Basic Service Charge 8.35 Total Current Charges $62.05 Proposed Cost for 30 units of Water Usin¢ Flat Rate (All Customers) - effective September 14.2009: Water Charge Water Usage 30 (units) x $2.52 = $75.60 Basic Service Charge 10_20 Total Proposed Charges (Fixed Rate) $85.80 Proposed Cost for 30 units of Water Usine Alternative Tiered Rate (Single Family Residential Only) - effective September 14,2009: Water Charge Tier I Water Usage 10 (units) x $2.17 = $21.70 Tier II Water Usage 20 (units) x $2.50 = $50.00 Basic Service Charge 10_20 Total Proposed Charges (Tiered Rate) $81.90 Comparative Results: Tiered rate total is $3.90 less than with fixed rate water charge for the average bill of 30 units. Proposed Water Rate for Water Sold Above YI D's Allocation in FY 2009/10 (Overage Level 1 and 2) The proposed water rates described above were derived using the expenses and revenues identified in the approved Budget for FY 2009/10, along with the target rates and revenues calculated in the Draft 2009 Water Rate Report and as advised by the Board of Directors. The projected water rate revenues fall substantially short of entirely funding the cost of providing services as identified in the Adopted Budget. Nonetheless, if the District reaches its allocation point some time before the end of the fiscal year (June 30, 2010) and our customers still have water demands to be met; the only additional expenses the District will need to meet are the new variable water operating costs, which includes the wholesale cost of the incremental water purchased and the additional energy (power) costs used to pump it through the community. The Draft 2009 Water Rate Report shows that the average cost of power for pumping in FY2009 /10 is projected to be $68.73 per acre foot (af). As previously identified in this notice, the District's water suppliers have set the purchase price for water above YLWD's allocation point, at $1,889 per of for the first 1,640 af. The costs are set at $3,077 for every acre foot purchased thereafter. The combined cost for water and power therefore is $1,889 + 68.73 = $1,957.73/af for the first overage level above allocation (wholesale cost), and $3,077 + 68.73 = $3,145.73/af for all water purchased in the second overage level (wholesale cost). As there are 435.6 units in an acre foot, the unit cost of water above allocation is $1,957.73 divided by 435.6, or $4.49 (Overage Level 1) per unit for the first 1,640 of and $3,145.73 divided by 435.6, or $7.22 (Overage Level 2) per unit thereafter. This public hearing will consider an increase in the water consumption charge of $4.49 per unit and $7.22 per unit, respectively, for Overage Level 1 and Overage Level 2, water use above allocation levels. These allocations may be established by separate resolution of the Board of Directors. Alternatively, the Board may choose to establish a fine or penalty of up to $10 per unit of water used in excess of the established allocation. Such fine or penalty must be adopted by separate Board Resolution. If the District has collected Overage Level 1, Overage Level 2 or alternate fines for water use above allocations, and following the water year audit, it is determined that the District will not be required to pay for all or any portion of this water at the above allocation prices, the Board may refund the surplus increment, transfer the balance to a rate stabilization fund for future use, commit the balance to active water conservation programs and improvements, or any combination of the above options, as approved by the Board of Directors at the public hearing. Documents Available for Review: The Adopted FY 2009/10 Budget and the Draft 2009 Water Rate Report may be viewed at the District's offices at the address on the front page of this notice, or by accessing the District's website at www.ylwd.com. If you received this notice, but are not the property owner or the tenant responsible for payment of the water bill, please forward this notice to the responsible party.