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Home My WebLink About2010-09-21 - Executive-Administrative-Organizational Committee Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING Tuesday, September 21, 2010, 4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 COMMITTEE STAFF Director William R. Mills, Chair Ken Vecchiarelli, General Manager Director Michael J. Beverage Pat Grady, Assistant General Manager 1. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 2. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 2.1. ISDOC Quarterly Meeting, Executive Committee Election and Ratification of Annual Membership Dues Recommendation: That the Committee consider this matter and provide further direction to staff. 2.2. Revised Public Sewer Transfer Agreement Recommendation: That the Committee provide comments and feedback to staff regarding the Draft Public Sewer Transfer Agreement. 3. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 3.1. AWWA QualServe Self-Assessment Survey Results 3.2. General Counsel's Monthly Summary Billing Report August 2010 3.3. Future Agenda Items and Staff Tasks 4. ADJOURNMENT 4.1. The next regular meeting of the Executive-Administrative-Organizational Committee will be held October 19, 2010 at 4:00 p.m. Items Distributed to the Committee 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 Committee less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 2.1 AGENDA REPORT Meeting Date: September 21, 2010 Budgeted: N/A Total Budget: N/A To: Executive-Administrative- Cost Estimate: N/A Organizational Committee Funding Source: N/A From: Ken Vecchiarelli, General Account No: N/A Manager Job No: N/A Presented By: Ken Vecchiarelli, General Dept: Board of Directors Manager Reviewed by Legal: N/A Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: ISDOC Quarterly Meeting, Executive Committee Election and Ratification of Annual Membership Dues SUMMARY: In conjunction with its regular quarterly meeting, the Independent Special Districts of Orange County (ISDOC) will be meeting on September 30, 2010 to conduct an Executive Committee election and ratify its annual membership dues. ISDOC has requested that the Board of Directors designate in writing, one representative and one alternate to vote on the District's behalf at this meeting. STAFF RECOMMENDATION: That the Committee consider this matter and provide further direction to staff. DISCUSSION: ISDOC members will be asked to (1) select its Executive Committee for 2011-2012; and (2) ratify the continuation of its membership dues for 2011 and each year thereafter in the amount of $200 per year for Regular Members and $50 per year for Associate Members. The ISDOC Nominating Committee has recommended the election of the following individuals to the Executive Committee for 2011-2012: President Rich Freschi, Serrano Water District 1 st Vice President John Withers, Irvine Ranch Water District 2nd Vice President Arlene Schafer, Costa Mesa Sanitary District 3rd Vice President Bob Moore, South Coast Water District Secretary Patty Quilizapa, McCormick, Kidman & Behrens Treasurer Joan Finnegan, Municipal Water District of Orange County Member districts may vote for the above slate of candidates or vote for candidates individually by position. Any individual who is not included on the slate or who would like to run for a position on the Executive Committee may seek election and must be nominated from the floor at the meeting. PRIOR RELEVANT BOARD ACTION(S): The Board periodically designates Board and staff member attendance at ISDOC meetings to vote on behalf of the District as needed. ATTACHMENTS: Name: Description: Type: Meeting Notice.pdf Meeting Notice Backup Material ISDOC_Election _Notice _and_Slate _of Candidates.pdf Election Notice Backup Material I S D C QUARTERLY MEETING Independent Special Districts of Orange County Mailing Address Thursday, September 30, 2010 P.O. Box 20895 Fountain Valley, CA 92728 11:30 a. m. - 1:00 p.m. (714) 963-3058 (714) 964-5930 fax www.mwdoc.com/isdoc ISDOC Executive Committee Election Executive Committee President and Hon. Saundra Jacobs Santa Margarita Water District Ratification of Annual 1,1, Vice President Hon. Rich Freschi ISDOC Membership Dues Serrano Water District 21d Vice President Hon. Bob Moore South Coast Water District P/Us," 3m Vice President Hon. Shawn Dewane The Orange County Mesa Consolidated Water District Secretary Local Agency Formation Commission: Patricia Quilizapa McCormick, Kidman & Behrens An Overview of Recent Activities Treasurer and Initiatives on the Horizon Hon. Joan C. Finnegan Municipal Water District of Orange County Joyce Crosthwaite Immediate Past President Executive Officer Hon. Jan Debay Orange County Water District Orange County LAFCO Ex-Officio Members Hon. John Dudley El Toro Water District Hon. Mary Aileen Matheis Irvine Ranch Water District Location: MWDOC / OCWD Joint Board Room Jim Reed 18700 Ward Street, Fountain Valley Irvine Ranch Water District Hon. Arlene Schafer Lunch: $16 (w/advance reservation and payment) Costa Mesa Sanitary District $20 at the door Please make checks payable to '75DOC"and mail to loan Finnegan Staff Administration 258 Sherwood Street, Costa Mesa, CA 92627 David J. Cordero Municipal Water District of RSVP: Joan Finnegan at (949) 548-3690 by Orange County Friday, September 24, 2010. *The purchase of lunch is not a requirement to participate in the election. X1;1 IS D C NOTICE OF ELECTION Independent Special Districts of Orange County Mailing Address ISDOC EXECUTIVE COMMITTEE P.O. Box 20895 Fountain Valley, CA 92728 and (714) 963-3058 (714) 964-5930 fax ISDOC MEMBERSHIP DUES www.mwdoc.com/isdoc Executive Committee THURSDAY, SEPTEMBER 30, 2010 President 12:00 P.M. Hon. Saundra Jacobs Santa Margarita Water District MWDOC/OCWD JOINT BOARD ROOM 1 It Vice President 18700 WARD STREET, FOUNTAIN VALLEY Hon. Rich Freschi Serrano Water District 21d Vice President This letter shall serve as official notice that the Independent Special Hon. Bob Moore Districts of Orange County (ISDOC) will conduct an election at its South Coast Water District quarterly meeting on Thursday, September 30, 2010. The election 3rd Vice President will begin promptly at 12:00 p.m., in the MWDOC/OCWD Joint Hon. Shawn Dewane Board Room (18700 Ward Street, Fountain Valley). Mesa Consolidated Water District Secretary The membership will be asked to: 1) select its Executive Committee Patricia Quilizapa for 2011/12; and 2) ratify the continuation of ISDOC membership McCormick, Kidman & Behrens dues for 2011 and each year thereafter in the amount of $200 per Treasurer year for Regular Members and $50 per year for Associate Hon. Joan C. Finnegan Municipal Water District of Members, until such time as the Executive Committee changes the dues Orange County pursuant to the Association's Bylaws. tPresident Immediate Hon. Jan Deba Deba y The governing body of each regular special district member agency shall Hon. Orange County Water District designate to the ISDOC Secretary, in writing, one representative who shall exercise the right of the District to vote, and one alternate who shall Ex-Officio Members have the right to vote in the absence of the primary representative. The Hon. John Dudley written designation may take the form of meeting minutes in which the El Toro Water District representatives were selected or a signed letter on District letterhead. Hon. Mary Aileen Matheis The individuals designated to vote on the District's behalf may be elected Irvine Ranch Water District officials or staff of the District. Jim Reed The member districts may vote for the slate of candidates for Irvine Ranch Water District Executive Committee, as recommended by the ISDOC Nominating Hon. Arlene Schafer Committee, or vote for candidates individually by position. Any Costa Mesa Sanitary District individual who was not included on the slate or who simply would like to run for a position on the Executive Committee may seek election and Staff Administration must be nominated from the floor at the meeting. In the event that any David J.Cordero race is contested, voting for all positions will be done via printed ballot. Municipal Water District of In the absence of any contested races, the membership will be asked to Orange County elect the slate of candidates by acclamation, unless there is a request that voting be done via printed ballots. Voting in the ISDOC membership dues election will be done via printed ballots. continued... ISDOC Election Notice for Thursday, September 30, 2010 September 1, 2010 2/2 The ISDOC Nominating Committee met on August 31, 2010 to evaluate individuals who had expressed interest in running for a position on the ISDOC Executive Committee. The evaluation is now complete, and the Nominating Committee hereby recommends the election of the following individuals to the ISDOC Executive Committee for 2011-2012: • President - Hon. Rich Freschi, Serrano Water District • 1st Vice President - Hon. John Withers, Irvine Ranch Water District • 2nd Vice President - Hon. Arlene Schafer, Costa Mesa Sanitary District • 3rd Vice President - Hon. Bob Moore, South Coast Water District • Secretary - Patty Quilizapa, McCormick, Kidman & Behrens, LLP • Treasurer - Hon. Joan Finnegan, Municipal Water District of Orange County If you have questions regarding the slate of candidates or the election, please contact David Cordero at 714-593-5012 or dcordero@mwdoc.com. Sincerely, Saundra F. Jacobs ISDOC President ITEM NO. 2.2 AGENDA REPORT Meeting Date: September 21, 2010 Budgeted: N/A To: Executive-Administrative- Organizational Committee From: Ken Vecchiarelli, General Manager Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: Yes Prepared By: Pat Grady, Assistant General CEQA Compliance: N/A Manager Subject: Revised Public Sewer Transfer Agreement SUMMARY: Attached for the Commitee's review and discussion is the draft Public Sewer Transfer Agreement as revised by the City staff and legal counsel. The draft agreement is the result of discussions between the District and the City of Yorba Linda regarding the transfer of ownership and maintenance responsibilities of the City-owned sewer system to the District. At their meeting on July 20, 2010, the Yorba Linda City Council requested that the District draft the initial agreement to facilitate the transfer of the east end sewer system. STAFF RECOMMENDATION: That the Committee provide comments and feedback to staff regarding the Draft Public Sewer Transfer Agreement. DISCUSSION: In mid-2009, discussions began between the District and the City of Yorba Linda regarding the potential transfer of the assets and maintenance responsibility of the City-owned sewer system to the District. In January 2010, the Board of Directors went on record and notified the City Council of the District's willingness to accept and maintain the facilities and to continue uninterruptible sewer service to the residents on the east end should the Council desire to make the transfer. In May 2010, District staff made a presentation to the City Council regarding the District's history and role in providing services to the community and discussed the benefits the Yorba Linda residents would realize if the City transferred the sewer system to the District. Additionally, the transition process was discussed should the City Council decide to initiate the transfer. On July 20, 2010, the Yorba Linda City Council conducted a Proposition 218 hearing and voted to adopt sewer rates for FY 2010/11 through FY 2014/15 based on the recommendations of a Wastewater Rate Study conducted by their consultant PBSJ. The City Council then voted further to set a lower rate for the first fiscal year, equivalent to $5.50 per month for single-family residential class customers (equivalent to the District's charges) and to adjust rates for all other classes proportionately. Additionally, discussions took place regarding the possible transfer of the City's sewer facilities to the District, with Mayor Anderson suggesting city staff contact the District to see if we would be willing to begin drafting an asset transfer agreement. As a result of these activities and communications, staff and District's legal counsel jointly prepared the draft Public Sewer System Transfer Agreement, addressing the primary issues needed to facilitate a seamless transition. The draft agreement was presented to the full Board of Directors on August 12, 2010 and forwarded to the City for their initial review. City staff and legal counsel have since modified this agreement and returned it to YLWD. Attached is the redline version showing the latest revisions by the City. In summary format, highlights of the latest revisions include the following: . The effective date of the sewer asset transfer was modified from October 1, 2010 to by December 1, 2010. . Reference to a "Sewer Maintenance Agreement" dated July 1, 1987 was included along with later reference to revisions of this agreement. . The City agrees to provide the District with all sewer maintenance revenue received through the property tax rolls within 45 days of receipt, rather than on a monthly basis. . The City does not agree to provide Code Enforcement services, on behalf of the District, for FOG program compliance. . The District will be required to adjust valves and manhole covers to grade within City right-of- way at the District's cost throughout its service area. . The District and City will coordinate projects to minimize disruption to the public and to avoid destruction of newly placed improvements. At this time, the draft agreement does not contain the referenced exhibits as both staffs will be working together to research and compile these items. Should both the District Board and the City Council finalize and approve the agreement in November 2010, it is anticipated the transaction would be finalized by December 1, 2010. The absence of LAFCO approval provides both the District and City the opportunity for a prompt transaction. Since the sewer maintenance rates for FY 2010/11 were approved by the City Council during the Proposition 218 hearing, no changes will be recommended by staff for FY 2010/11 should the transfer take place. However, staff will be recommending that a supplemental rate analysis be completed to re-evaluate the rates adopted by the City beyond FY 2011/12 due to potential economies of scale. Staff anticipates this analysis will be completed in-house and in conjunction with the water rate study currently in progress. With the transfer of the sewer facilities, staff anticipates that the ongoing maintenance of the acquired facilities will require an additional two-person sewer crew and one additional sewer vactor truck. This will ensure that the maintenance schedule of the west end sewer system is not compromised and that the maintenance schedules throughout the entire sewer service area (east and west) of the District is completed in a uniform manner. PRIOR RELEVANT BOARD ACTION(S): In January 2010, the Board of Directors expressed its willingness to accept and maintain the east end City owned sewer facilities and notified the City Council of its action. ATTACHMENTS: Name: Description: Type: Draft Sewer Agreement Showing Markup_pdf Draft Agreement With Markup Backup Material Draft _Sewer _Agreement ~ Without_Markup_pdf Draft Agreement Without Markup Backup Material Version -34: 8"4-12010 PUBLIC SEWER SYSTEM TRANSFER AGREEMENT THIS PUBLIC SEWER TRANSFER AGREEMENT ("Agreement") is made and entered into on , 2010, by and between the YORBA LINDA WATER DISTRICT, a local public agency, created and operating under authority of Division 12 of the California Water Code ("District"), and the CITY OF YORBA LINDA, a municipal corporation organized and existing under Title 4, Section 34000 et seq. of the California Government Code ("City") (collectively referred to herein as the "Parties"). RECITALS WHEREAS, both the District and City have the legal power and authority to provide both water and sewer services to the lands and inhabitants within their respective boundaries. The purpose of this Agreement is to further strengthen a stable and compatible working relationship between the Parties with the goal of consolidating sewer service under one agency to maximize efficiencies for the overall benefit and enjoyment of the residents, businesses and other stakeholders ("Service Beneficiaries") of the Yorba Linda area; and WHEREAS, the District currently provides sewer service to approximately two thirds of the residents and businesses connected to the public sewer system within the City limits. The District provides water service to all areas within the City, with the exception of the area described in the following recital and a small portion known as the Locke Ranch area, which is served by an investor-owned public utility. The District provides sewer service to the Locke Ranch area and water service to portions of the Cities of Anaheim, Brea, Placentia, and to a portion of an unincorporated County of Orange territory. Additionally, the District provides sewer service to the West End Yorba Linda Area (approximately 15,000 services) along with a portion owned by the City (approximately 3,000 services) Penerally located easterly of Fairmont Blvd and westerly of San Antonio Road, with Fairmont to the north, and Esperanza to the south; and WHEREAS, pursuant to the "Agreement for the Provision of Water and Sewer Services", dated October 3, 1977, and the Sewer Maintenance Agreement, dated July 1, 1987, the City currently provides sewer service to the East Yorba Linda Area (approximately 6,100 services), which generally extends easterly of Pasco De Las Palomas between San Antonio Road on the north and Esperanza Road on the south (`East Yorba Linda Area"). Additionally, the ser-viees) along with a pal4ian Owned by the C-ity (appr-wiimately 3,000 ser-viees) geflef:all~ , and Espe -anz„ to the i and WHEREAS, the governing bodies of the District and the City have determined that it would be in the best interest of their Service Beneficiaries for District to acquire the sewer collection PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 1 Version -34: 8"4-12010 system (-Sewer- Goneetion FReilitie-S") currently owned by the City and generally described in the preceding- recital; and WHEREAS, the City desires to transfer and assign to the District, at no cost to District, such Sewer- sewer G^'n collection Fac-ilitiesfacilitics, and the associated parcels of real property, easement rights and other associated assets on the terms and conditions herein set forth, free and clear of all liens, and District has t desires to aeeeptac wire 4+'--such Sewe sewer r'^' n collection F^e Tfacilities and the responsibility to provide continuing sewer service to the S ° ' e-ne-4 e 4 said 4;, ei itie residents of the City of Yorba Linda, and- WHEREAS, it is the objective of the Parties that the transfer of the-such Sewer- sewer G^'on collection F^es facilities be accomplished in a manner that will maintain equity to the ratepayers and property owners of eae (4 the " tiesin the City of Yorba Linda. NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and conditions herein, the Parties agree as follows: AGREEMENT 1.0. EFFECTIVE DATE. This Agreement shall be effective upon execution by all Parties. aAll assets, liabilities, contractual rights and obligations, and any other real or personal property or other interest whatsoever of the City, related to the Sewer Collection Facilities, as defined in Section 3.1, shall be transferred to the District in accordance with this Agreement, and all approvals and permits required from re.L'ulatory or jurisdictional aPencies (e.,2~. Re.iional Water Quality Control Board or Local Agency Formation Commission) for the transfer of the Sewer Collection Facilities by October- zDecember 1, 2010 ("Transfer Date"). 2.0. MUTUAL CONSIDERATION. In reliance on the City's disclosures and representations, and in exchange for mutual consideration provided by the terms, conditions, covenants, and promises of this Agreement and the transfer of the Sewer Collection Facilities, the District agrees to assume the obligation and responsibility to provide sewer service and maintenance to the East Yorba Linda Area. In consideration for the District assuming the obligation and responsibility to provide sewer service and maintenance to the East Yorba Linda Area, the City agrees to transfer the Sewer Collection Facilities to the District. 3.0. TRANSFER OF ASSETS. Subject to the terms and conditions of this Agreement, on the Transfer Date, the City transfers and assigns to the District, and District accepts, all of the City's right, title and interest in and to the following assets, rights, claims, properties and interests that the City owns, (collectively, the "Transferred Assets"): PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 2 Version -34: 8"4-12010 3.1. Sewer Collection Facilities. All of the City's right, title and interest in and to the Sewer Collection Facilities owned, leased or otherwise possessed by the City, as more fully described on Exhibit "A" ("Sewer Collection Facilities"), 3.2. Easement Deeds and Real Property. All of the City's rights to access or use any real property or rights, title and interest to real property (including by lease, license, permit or easement) directly or indirectly used in the operation of the Sewer Collection Facilities, including, without limitation, those leases, easements, and real properties identified as Exhibit "B" (`Basements"). 3.3. Permits. All approvals, consents, licenses, permits, waivers or other authorizations issued, granted, given, applied for at the time of the Transfer Date or otherwise made available by or under the authority of any governmental AblthOF4~- authority (other than the City) for the ownership or operation of any Sewer Collection Facility, including, without limitation, those Permits specified on Exhibit "C" ("Permits") to the extent such Permits are assignable. 3.4. Sewer Related Inventory Items. Any and all inventory items utilized for the maintenance, repair, replacement, or rehabilitation of the Sewer Collection Facilities, attached hereto as Exhibit "D". 4.0. DISTRICT'S SERVICE OBLIGATIONS. Commencing on the Transfer Date, the District will provide continuing sewer service to all residents that ever-lie in the City. The District shall be responsible for the Fats, Oils and Grease (FOG) pro,ram for the tfa~sewer service area transferred pursuant to this Agreement in addition to and to the same standards as the areas already covered by the District per the Waste Discharge Requirements (WDR's) regulated by the State of California Water Resources Control Board. 5.0. MODIFICATION OF PRIOR AGREEMENTS. The Parties hereby modify the "Agreement for the Provision of Water and Sewer Services" between the City of Yorba Linda and the Yorba Linda Water District, dated October 3, 1977 (the "1977 Agreement") and the "Sewer Maintenance Agreement" between the City of Yorba Linda and the Yorba Linda Water District, dated July 1, 1987 (the "1987 Agreemetn") as specified below. Except as expressly modified herein, the 1977 Agreement and the 1987 A.,reement shall remain in full force and effect. To the extent that there is inconsistency between this Agreement and the 1977 Agreement and/or the 1987 Agreement, the terms of this Agreement shall govern. 5.1. Paragraph 10 of the 1977 Agreement is deleted in its entirety and the following paragraph is substituted in its place: "10. Water and Sewer Services. Water and sewer services to all areas within the City, including future territory PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 3 Version -34: 8"4-12010 annexed thereto, shall be provided by the District. The City agrees not to provide such services. The terms of this paragraph shall not limit the ability of the District to supply water and sewer services outside the boundaries of the City. The District shall be responsible for the design, construction, operation, maintenance, repair and replacement of all facilities, including in-tract subdivision systems, necessary to provide such water and sewer services. Developers applying to the District for water and sewer services shall comply with all of its rules and regulations, provided that such water and sewer services and conditions imposed by the District shall be in accord with generally accepted standards for public water and sewer supply systems. Nothing contained in this Agreement shall in any way limit the authority of the District in connection with its legal powers to supply water and sewer services." 5.2. Paragraph 12 of the 1977 Agreement , formerly entitled "City Sewer Service Area," is deleted in its entirety and the following paragraph is substituted in its place: 12. District Sewer Service Area. The District shall provide sewer service to all of those areas within the City, including future territory annexed thereto, as shown on Exhibit `A' as the `City Sewer Service Area."' 5.3 Paragraphs 13, 14, 15, 16, and 17 remain in full force and effect except where the context requires that the word "City" be substituted by the word "District" in order to be consistent with Paragraph 10, as amended by this Agreement, and the District's assumption of obligations and responsibilities under this Agreement. 5.4 Paragraph 3 of the 1987 Agreement is hereby deleted in its entirety. DISCLOSURES and REPRESENTATIONS. The City has made the following disclosures and representations to the District in connection with this Agreement. The City represents that the information and documents provided to the District as described below are complete and that the City has no knowledge of additional information or documents that have not been provided to the District and that would be material to these disclosures and representations. The District enters into this Agreement in reliance on the following disclosures and representations. PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 4 Version -34: 8"4-12010 The City hereby represents that it has provided the District with a full accounting of monies and funds collected and expended to operate the Sewer Collection Facilities, including but not limited to Income and Expense reports, Balance Sheets, a listing of bad debts/delinquencies and audit reports for FY 2008/09 and FY 2009/10. The City hereby represents that it has provided the District with any and all maintenance records, repair records, construction documents, purchase documents (including receipts and written warranties), and/or logs that relate to the Sewer Collection Facilities for the period January 2005 to the present. The City hereby represents that it has provided the District with any and all as-built maps, specifications, and/or mapping documents that relate to the Sewer Collection Facilities. The City hereby represents that it has provided the District with information and documentation related to the Fats, Oil and Grease (FOG) Program currently mandated in the Waste Discharge Requirements (WDR). This provision of information, however, shall not relieve the City of compliance obligations under this Agreement, as discussed below. The City hereby represents that it has provided the District with copies of any and all information, correspondence, permits and/or orders related to industrial waste discharge for the period 2005 to the present. The City hereby represents that this Agreement pertains to the Sewer Collection Facilities only, which is a portion of the sanitary sewer system that serves the City of Yorba Linda, and that the Agreement does not pertain to storm drains. The City hereby represents that it holds in good standing and is currently in compliance with all permits and licenses necessary to operate the Sewer Collection Facilities and has not violated any applicable laws, rules or regulations in connection with its operation of the Sewer Collection Facilities. The City hereby represents that it is currently aware of no claim or threat of litigation against the City or its assets in connection with the construction, operation or maintenance of the Sewer Collection Facilities, nor has the City been notified of any investigation or inquiry by any governmental agency or authority into the operation of the Sewer Collection Facilities. The City hereby represents that no third party holds a security interest or encumbrance in the Sewer Collection Facilities, the Easements, or any funds that will be provided to the District pursuant to this Agreement. The City hereby represents that it holds clear title to all real property interests identified on Exhibit "B" hereto. The City hereby represents that all approvals, consents, licenses, permits, waivers or other authorizations issued, granted, given, applied for at the time of the Transfer Date or otherwise made available by or under the authority of any Governmental Authority (other than the City) for the ownership or operation of the Sewer Collection Facility are listed on Exhibit "C" hereto. The City hereby represents that all inventory items it currently utilizes for the maintenance, repair, replacement and/or rehabilitation of the Sewer Collection Facilities are listed and accounted for on Exhibit "D" hereto. PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 5 Version -34: 8"4-12010 SEWER FUND AND INCOME. The City agrees to remit to the District any and all unexpended sewer related fiords paid directly by the residents or collected from the property tax billings for sewer maintenance charges through to the Transfer Date. Effective as of the Transfer Date, the City will continue to derive income from the property tax billings for the sewer maintenance charge placed on the County of Orange tax roll for the sewer customers served by the City for FY 2010/11. The City agrees to remit to the District, on a on hl basis, any and all subject sewer related income previously described within 45 days of receipt of the funds from the County. asseeiated with the GREENCREST LIFT STATION REPLACEMENT. Notwithstanding any other provision in this Agreement, the Parties mutually agree that the sewer lift station located on Greencrest Drive, which provides service to seven residential homes, requires replacement at this time. The City agrees to provide the funding for the replacement of the lift station. The District agrees to coordinate the replacement effort, including soliciting engineering estimates, preparing bid documents, soliciting bids, and awarding a contract for replacement. The District agrees to consult with the City prior to approving the contract for replacement. WASTEWATER RATE STUDY. The City agrees to authorize the consulting firm of PBSJ to provide District with any and all information, including working documents, calculations and analysis, the District may deem necessary to assess and evaluate the City of Yorba Linda Wastewater Rate Study (Attached as Exhibit "E") prepared by PBSJ dated April, 2010 and adopted by the City on July 20, 2010. ORANGE COUNTY SANITATION DISTRICT REPRESENTATION. The City agrees to support District membership representation on the Orange County Sanitation District Board and support the appointment of a representative from the District. The District representative shall be selected by the District's Board of Directors. REGULATORY AND JURISDICTIONAL AGENCY SUPPORT. The City agrees to support and provide assistance where applicable, to the District, in the event permits, approvals or other documentation are required from regulatory or jurisdictional agencies (e.g. Regional Water Quality Control Board or Local Agency Formation Commission) for the transfer of the Sewer Collection Facilities to be finalized. The District, at its own expense, shall be the lead agency and shall secure the necessary permits or approvals required from re.,,ulatory or jurisdictional agencies for the transfer of the Sewer Collection Facilities. PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 6 Version -34: 8"4-12010 a-'r-eed Erp^„ by and by separate agr-e-e-me++t-. 12.0. REIMBURSEMENT BY CITY FOR RELOCATION. The City acknowledges that most of the Sewer Collection Facilities are located in the public right of way. In the event City requires District to relocate any portion of the Sewer Collection Facilities transferred by this Agreement after the Transfer Date, the City agrees to pay, in advance of commencement of construction, all costs incurred by the District for such relocation, including design and engineering fees, material costs and construction cost except as noted in Section 13.0. 13.0. AJUSTMENT OF WATER VALVE AND SEWER MANHOLE COVERS. The District agrees to adjust water valve and sewer manhole covers to grade at their cost for all water valve and sewer manhole covers within City right- of-way or City easements upon written request of the City. When the adjustments are related to a City construction project, the City shall submit the unit costs for Such work to the District. The District shall approve or disapprove the unit costs within 10 working days. If the unit costs are approved, the District shall authorize the City to perform the work and reimburse the City for the cost of such services. If the District does not approve the unit costs, the District shall perforll the work themselve-iltself in coordination with the City's construction contractor. When the adjustment request is not related to an ongoing City construction project, the adjustments shall be completed by the District within 15 working days. 14.0. COORDINATION OF DISTRICT AND CITY PROJECTS. 140. The District and City shall meet as required to coordinate proposed projects to minimize disruption to the public and to avoid destruction of newly placed improvements. District and City staff shall meet to review and discuss their seven year Capital Improvement Programs and to plan projects accordin,ly. 15.0. LIMITED ASSUMPTION OF LIABILITIES. The District shall assume the following listed liabilities for the ongoing operation of the Sewer Collection Facilities. 15.1. All accounts payable first accruing from and after the Transfer Date. The City shall retain all responsibility for collection and recovery of accounts payable accruing prior to the Transfer Date. 15.2. All accounts payable first accruing from and after the Transfer Date. The City shall retain all responsibility for collection and recovery of accounts payable accruing prior to the Transfer Date. 15.3. All performance obligations, including payment, under the following contracts between the City and third parties related to the Sewer Collection Facilities. The City assumes all responsibility for obtaining written assignment or transfer of these contracts, as may be required: PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 7 Version -34: 8"4-12010 15.3.1. [LIST OF ALL CONTRACTS YLWD WILL ASSUME.] 15.4. All performance obligations, including reporting, under all approvals, consents, licenses, permits, waivers or other authorizations listed on Exhibit C, attached hereto and incorporated herein by reference. 16.0. INDEMNIFICATION. 16.1. Except as specifically identified and assumed in this Agreement, the District shall not assume any liabilities or potential liabilities of the City, known or unknown, that existed as of the Transfer Date relating to contracts, claims, lawsuits, debts, permits, fines, penalties, interest, treatment charges, or other costs related to the Sewer Collection Facilities. City shall indemnify, hold harmless and defend the District at the City's own cost, expense and risk, against any and all claims, suits, actions or other legal proceedings of every kind that may be brought or instituted against District or any of its directors, officers, employees, agents, representatives, successors and/or assigns relating to the Sewer Collection Facilities during any period of time prior to the Transfer Date, irrespective of when the claim, suit, action or other legal proceeding was or is initiated. City shall pay and satisfy any judgment, award or decree that may be rendered against District or any of its directors, officers, employees, agents, representatives, successors and assigns or authorized volunteers, in any and all such aforesaid suits, actions, or other legal proceedings. 16.2. The District shall indemnify, hold harmless and defend the City at the District's own cost, expense and risk, against any and all claims, suits, actions or other legal proceedings of every kind that may be brought or instituted against City or any of its Council, officers, employees, agents, representatives, successors and/or assigns arising out of or relating to the obligations expressly assumed in this agreement to District's performance of its duties, as established herein, and/or relatinP to the Sewer Collection Facilities after the Transfer Dateto-pfo-,-,+~ 17.0. FEES AND COSTS. 17.1. Each Party shall bear its own fees, costs or expenses, including attorney's fees and consultant fees, incurred in connection with the preparation, negotiation, finalization, approval or documentation of this Agreement and the related documents and transactions contemplated herein, regardless of when incurred. 17.2. In the event of any action arising out of, or in connection with, enforcement of this Agreement, the prevailing Party shall be entitled to have and recover, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation, its attorney's fees. PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 8 Version -34: 89/94-12010 18.0. NOTICES. Unless otherwise expressly stated in this Agreement, all notices, requests and other communications under this Agreement shall be in writing and shall be delivered (i) in person, (ii) by registered or certified mail, return receipt requested, (iii) by recognized overnight delivery service providing positive tracking of items (for example, Federal Express), or (iv) by facsimile or other electronic transmission if a copy is sent simultaneously by a method described in clause (i), (ii) or (iii), addressed as hereinafter provided or at such other address of which the City or the District shall have given notice as provided in this Section. All such notices, requests and other communications shall be deemed to have been sufficiently given for all purposes hereof only upon receipt by the party to whom such notice is sent. Notices by the parties may be given on their behalf by their respective attorneys. Notices should be provided in accordance with this Section at the following addresses: District: General Manager Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885-0309 City: City Manager City of Yorba Linda 4845 rasa r ,,nial`O Box 87014 Yorba Linda CA, X92885-X48714 19.0. SEVERABILITY. If one or more provisions of this Agreement shall be held invalid, illegal or unenforceable, such provision shall, to the extent possible, be modified in such manner as to be valid, legal and enforceable but so as to most nearly retain the intent of the parties, and if such modification is not possible, such provision shall be severed from this Agreement. In either case, the balance of this Agreement shall be interpreted as if such provision were so modified or excluded, as the case may be, and shall be enforceable in accordance with its terms. 20.0. ENTIRE AGREEMENT. This Agreement, together with the Exhibits, contemplated hereby, embodies the entire understanding and agreement of the City and the District with respect to the subject matter of this Agreement and merges and supersedes all prior representations, agreements, and understandings, whether oral or written, between the City and the District with respect to the subject matter hereof, including, without limitation, any and all written or oral statement or representations by any official, employee, agent, attorney, consultant, or independent contractor of the City or the District. 21.0. COUNTERPARTS. This Agreement may be executed in two or more counterparts, including by means of faxed signature pages, each of which shall be PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 9 Version -34: 8"4-12010 deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as of the day and year written above. District: City: Yorba Linda Water District City of Yorba Linda By: By: William R. Mills John Anderson President of the Board of Directors Mayor, City of Yorba Linda ATTEST Marcia Brown, Cites City of Yorba Linda ATTEST: Kenneth Vecchiarelli Secretary of the Board of Directors APPROVED AS TO FORM: McCormick, Kidman and Behrens, LLP By: PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 10 Version -34: 8"4-12010 Arthur G. Kidman, General Counsel APPROVED AS TO FORM: By: Jamie Raymond, Interim City Attomcy City of Yorba Linda, Gener-al Counsel Attachments: Exhibit A: Sewer Collection Facilities Exhibit B: Easements Exhibit C: Permits Exhibit D: Inventory Items Exhibit E: Wastewater Rate Study PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page I I Version 4: 91912010 PUBLIC SEWER SYSTEM TRANSFER AGREEMENT THIS PUBLIC SEWER TRANSFER AGREEMENT ("Agreement") is made and entered into on , 2010, by and between the YORBA LINDA WATER DISTRICT, a local public agency, created and operating under authority of Division 12 of the California Water Code ("District"), and the CITY OF YORBA LINDA, a municipal corporation organized and existing under Title 4, Section 34000 et seq. of the California Government Code ("City") (collectively referred to herein as the "Parties"). RECITALS WHEREAS, both the District and City have the legal power and authority to provide both water and sewer services to the lands and inhabitants within their respective boundaries. The purpose of this Agreement is to further strengthen a stable and compatible working relationship between the Parties with the goal of consolidating sewer service under one agency to maximize efficiencies for the overall benefit and enjoyment of the residents, businesses and other stakeholders ("Service Beneficiaries") of the Yorba Linda area; and WHEREAS, the District currently provides sewer service to approximately two thirds of the residents and businesses connected to the public sewer system within the City limits. The District provides water service to all areas within the City, with the exception of the area described in the following recital and a small portion known as the Locke Ranch area, which is served by an investor-owned public utility. The District provides sewer service to the Locke Ranch area and water service to portions of the Cities of Anaheim, Brea, Placentia, and to a portion of an unincorporated County of Orange territory. Additionally, the District provides sewer service to the West End Yorba Linda Area (approximately 15,000 services) along with a portion owned by the City (approximately 3,000 services) generally located easterly of Fairmont Blvd and westerly of San Antonio Road, with Fairmont to the north, and Esperanza to the south; and WHEREAS, pursuant to the "Agreement for the Provision of Water and Sewer Services", dated October 3, 1977, and the Sewer Maintenance Agreement, dated July 1, 1987, the City currently provides sewer service to the East Yorba Linda Area (approximately 6,100 services), which generally extends easterly of Pasco De Las Palomas between San Antonio Road on the north and Esperanza Road on the south (`East Yorba Linda Area"); and WHEREAS, the governing bodies of the District and the City have determined that it would be in the best interest of their Service Beneficiaries for District to acquire the sewer collection system currently owned by the City and generally described in the preceding recital; and WHEREAS, the City desires to transfer and assign to the District, at no cost to District, such sewer collection facilities, and the associated parcels of real property, easement rights and other PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 1 Version 4: 91912010 associated assets on the terms and conditions herein set forth, free and clear of all liens, and District desires to acquire such sewer collection facilities and the responsibility to provide continuing sewer service to the residents of the City of Yorba Linda; and WHEREAS, it is the objective of the Parties that the transfer of such sewer collection facilities be accomplished in a manner that will maintain equity to the ratepayers and property owners in the City of Yorba Linda. NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and conditions herein, the Parties agree as follows: AGREEMENT 1.0. EFFECTIVE DATE. This Agreement shall be effective upon execution by all Parties. All assets, liabilities, contractual rights and obligations, and any other real or personal property or other interest whatsoever of the City, related to the Sewer Collection Facilities, as defined in Section 3.1, shall be transferred to the District in accordance with this Agreement, and all approvals and permits required from regulatory or jurisdictional agencies (e.g. Regional Water Quality Control Board or Local Agency Formation Commission) for the transfer of the Sewer Collection Facilities by December 1, 2010 ("Transfer Date"). 2.0. MUTUAL CONSIDERATION. In reliance on the City's disclosures and representations, and in exchange for mutual consideration provided by the terms, conditions, covenants, and promises of this Agreement and the transfer of the Sewer Collection Facilities, the District agrees to assume the obligation and responsibility to provide sewer service and maintenance to the East Yorba Linda Area. In consideration for the District assuming the obligation and responsibility to provide sewer service and maintenance to the East Yorba Linda Area, the City agrees to transfer the Sewer Collection Facilities to the District. 3.0. TRANSFER OF ASSETS. Subject to the terms and conditions of this Agreement, on the Transfer Date, the City transfers and assigns to the District, and District accepts, all of the City's right, title and interest in and to the following assets, rights, claims, properties and interests that the City owns, (collectively, the "Transferred Assets"): 3.1. Sewer Collection Facilities. All of the City's right, title and interest in and to the Sewer Collection Facilities owned, leased or otherwise possessed by the City, as more fully described on Exhibit "A" ("Sewer Collection Facilities"), 3.2. Easement Deeds and Real Property. All of the City's rights to access or use any real property or rights, title and interest to real property (including by lease, license, permit or easement) directly or indirectly used in the operation of PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 2 Version 4: 91912010 the Sewer Collection Facilities, including, without limitation, those leases, easements, and real properties identified as Exhibit "B" ("Easements"). 3.3. Permits. All approvals, consents, licenses, permits, waivers or other authorizations issued, granted, given, applied for at the time of the Transfer Date or otherwise made available by or under the authority of any governmental authority (other than the City) for the ownership or operation of any Sewer Collection Facility, including, without limitation, those Permits specified on Exhibit "C" ("Permits") to the extent such Permits are assignable. 3.4. Sewer Related Inventory Items. Any and all inventory items utilized for the maintenance, repair, replacement, or rehabilitation of the Sewer Collection Facilities, attached hereto as Exhibit "D". 4.0. DISTRICT'S SERVICE OBLIGATIONS. Commencing on the Transfer Date, the District will provide continuing sewer service to all residents in the City. The District shall be responsible for the Fats, Oils and Grease (FOG) program for the sewer service area transferred pursuant to this Agreement in addition to and to the same standards as the areas already covered by the District per the Waste Discharge Requirements (WDR's) regulated by the State of California Water Resources Control Board. 5.0. MODIFICATION OF PRIOR AGREEMENTS. The Parties hereby modify the "Agreement for the Provision of Water and Sewer Services" between the City of Yorba Linda and the Yorba Linda Water District, dated October 3, 1977 (the "1977 Agreement") and the "Sewer Maintenance Agreement" between the City of Yorba Linda and the Yorba Linda Water District, dated July 1, 1987 (the "1987 Agreemetn") as specified below. Except as expressly modified herein, the 1977 Agreement and the 1987 Agreement shall remain in full force and effect. To the extent that there is inconsistency between this Agreement and the 1977 Agreement and/or the 1987 Agreement, the terms of this Agreement shall govern. 5.1. Paragraph 10 of the 1977 Agreement is deleted in its entirety and the following paragraph is substituted in its place: "10. Water and Sewer Services. Water and sewer services to all areas within the City, including future territory annexed thereto, shall be provided by the District. The City agrees not to provide such services. The terms of this paragraph shall not limit the ability of the District to supply water and sewer services outside the boundaries of the City. The District shall be responsible for the design, construction, operation, maintenance, repair and replacement of all facilities, including in-tract subdivision systems, necessary to provide such water and sewer services. Developers applying to the District for water and PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 3 Version 4: 91912010 sewer services shall comply with all of its rules and regulations, provided that such water and sewer services and conditions imposed by the District shall be in accord with generally accepted standards for public water and sewer supply systems. Nothing contained in this Agreement shall in any way limit the authority of the District in connection with its legal powers to supply water and sewer services." 5.2. Paragraph 12 of the 1977 Agreement , formerly entitled "City Sewer Service Area," is deleted in its entirety and the following paragraph is substituted in its place: 12. District Sewer Service Area. The District shall provide sewer service to all of those areas within the City, including future territory annexed thereto, as shown on Exhibit `A' as the `City Sewer Service Area."' 5.3 Paragraphs 13, 14, 15, 16, and 17 remain in full force and effect except where the context requires that the word "City" be substituted by the word "District" in order to be consistent with Paragraph 10, as amended by this Agreement, and the District's assumption of obligations and responsibilities under this Agreement. 5.4 Paragraph 3 of the 1987 Agreement is hereby deleted in its entirety. 6.0. DISCLOSURES and REPRESENTATIONS. The City has made the following disclosures and representations to the District in connection with this Agreement. The City represents that the information and documents provided to the District as described below are complete and that the City has no knowledge of additional information or documents that have not been provided to the District and that would be material to these disclosures and representations. The District enters into this Agreement in reliance on the following disclosures and representations. 6.1. The City hereby represents that it has provided the District with a full accounting of monies and funds collected and expended to operate the Sewer Collection Facilities, including but not limited to Income and Expense reports, Balance Sheets, a listing of bad debts/delinquencies and audit reports for FY 2008/09 and FY 2009/10. 6.2. The City hereby represents that it has provided the District with any and all maintenance records, repair records, construction documents, purchase documents (including receipts and written warranties), and/or logs that relate to the Sewer Collection Facilities for the period January 2005 to the present. PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 4 Version 4: 91912010 6.3. The City hereby represents that it has provided the District with any and all as-built maps, specifications, and/or mapping documents that relate to the Sewer Collection Facilities. 6.4. The City hereby represents that it has provided the District with information and documentation related to the Fats, Oil and Grease (FOG) Program currently mandated in the Waste Discharge Requirements (WDR). This provision of information, however, shall not relieve the City of compliance obligations under this Agreement, as discussed below. 6.5. The City hereby represents that it has provided the District with copies of any and all information, correspondence, permits and/or orders related to industrial waste discharge for the period 2005 to the present. 6.6. The City hereby represents that this Agreement pertains to the Sewer Collection Facilities only, which is a portion of the sanitary sewer system that serves the City of Yorba Linda, and that the Agreement does not pertain to storm drains. 6.7. The City hereby represents that it holds in good standing and is currently in compliance with all permits and licenses necessary to operate the Sewer Collection Facilities and has not violated any applicable laws, rules or regulations in connection with its operation of the Sewer Collection Facilities. 6.8. The City hereby represents that it is currently aware of no claim or threat of litigation against the City or its assets in connection with the construction, operation or maintenance of the Sewer Collection Facilities, nor has the City been notified of any investigation or inquiry by any governmental agency or authority into the operation of the Sewer Collection Facilities. 6.9. The City hereby represents that no third party holds a security interest or encumbrance in the Sewer Collection Facilities, the Easements, or any finds that will be provided to the District pursuant to this Agreement. 6.10. The City hereby represents that it holds clear title to all real property interests identified on Exhibit "B" hereto. 6.11. The City hereby represents that all approvals, consents, licenses, perinits, waivers or other authorizations issued, granted, given, applied for at the time of the Transfer Date or otherwise made available by or under the authority of any Governmental Authority (other than the City) for the ownership or operation of the Sewer Collection Facility are listed on Exhibit "C" hereto. 6.12. The City hereby represents that all inventory items it currently utilizes for the maintenance, repair, replacement and/or rehabilitation of the Sewer Collection Facilities are listed and accounted for on Exhibit "D" hereto. 7.0. SEWER FUND AND INCOME. The City agrees to remit to the District any and all unexpended sewer related funds paid directly by the residents or collected from the property tax billings for sewer maintenance charges through to the Transfer Date. Effective as of the Transfer Date, the City will continue to derive income from the property tax billings for the sewer maintenance charge placed on the County of Orange tax roll for the sewer customers served by the City for FY 2010/11. The City agrees to remit to the District, any and all subject sewer PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 5 Version 4: 91912010 related income previously described within 45 days of receipt of the funds from the County. 8.0. GREENCREST LIFT STATION REPLACEMENT. Notwithstanding any other provision in this Agreement, the Parties mutually agree that the sewer lift station located on Greencrest Drive, which provides service to seven residential homes, requires replacement at this time. The City agrees to provide the funding for the replacement of the lift station. The District agrees to coordinate the replacement effort, including soliciting engineering estimates, preparing bid documents, soliciting bids, and awarding a contract for replacement. The District agrees to consult with the City prior to approving the contract for replacement. 9.0. WASTEWATER RATE STUDY. The City agrees to authorize the consulting firm of PBSJ to provide District with any and all information, including working documents, calculations and analysis, the District may deem necessary to assess and evaluate the City of Yorba Linda Wastewater Rate Study (Attached as Exhibit "E") prepared by PBSJ dated April, 2010 and adopted by the City on July 20, 2010. 10.0. ORANGE COUNTY SANITATION DISTRICT REPRESENTATION. The City agrees to support District membership representation on the Orange County Sanitation District Board and support the appointment of a representative from the District. The District representative shall be selected by the District's Board of Directors. 11.0. REGULATORY AND JURISDICTIONAL AGENCY SUPPORT. The City agrees to support and provide assistance where applicable, to the District, in the event permits, approvals or other documentation are required from regulatory or jurisdictional agencies (e.g. Regional Water Quality Control Board or Local Agency Formation Commission) for the transfer of the Sewer Collection Facilities to be finalized. The District, at its own expense, shall be the lead agency and shall secure the necessary permits or approvals required from regulatory or jurisdictional agencies for the transfer of the Sewer Collection Facilities. 12.0. REIMBURSEMENT BY CITY FOR RELOCATION. The City acknowledges that most of the Sewer Collection Facilities are located in the public right of way. In the event City requires District to relocate any portion of the Sewer Collection Facilities transferred by this Agreement after the Transfer Date, the City agrees to pay, in advance of commencement of construction, all costs incurred by the District for such relocation, including design and engineering fees, material costs and construction cost except as noted in Section 13.0. 13.0. AJUSTMENT OF WATER VALVE AND SEWER MANHOLE COVERS. PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 6 Version 4: 91912010 The District agrees to adjust water valve and sewer manhole covers to grade at their cost for all water valve and sewer manhole covers within City right-of-way or City easements upon written request of the City. When the adjustments are related to a City construction project, the City shall submit the unit costs for such work to the District. The District shall approve or disapprove the unit costs within 10 working days. If the unit costs are approved, the District shall authorize the City to perform the work and reimburse the City for the cost of such services. If the District does not approve the unit costs, the District shall perform the work itself in coordination with the City's construction contractor. When the adjustment request is not related to an ongoing City construction project, the adjustments shall be completed by the District within 15 working days. 14.0. COORDINATION OF DISTRICT AND CITY PROJECTS. The District and City shall meet as required to coordinate proposed projects to minimize disruption to the public and to avoid destruction of newly placed improvements. District and City staff shall meet to review and discuss their seven year Capital Improvement Programs and to plan projects accordingly. 15.0. LIMITED ASSUMPTION OF LIABILITIES. The District shall assume the following listed liabilities for the ongoing operation of the Sewer Collection Facilities. 15.1. All accounts payable first accruing from and after the Transfer Date. The City shall retain all responsibility for collection and recovery of accounts payable accruing prior to the Transfer Date. 15.2. All accounts payable first accruing from and after the Transfer Date. The City shall retain all responsibility for collection and recovery of accounts payable accruing prior to the Transfer Date. 15.3. All performance obligations, including payment, under the following contracts between the City and third parties related to the Sewer Collection Facilities. The City assumes all responsibility for obtaining written assignment or transfer of these contracts, as may be required: 15.3.1. [LIST OF ALL CONTRACTS YLWD WILL ASSUME.] 15.4. All performance obligations, including reporting, under all approvals, consents, licenses, permits, waivers or other authorizations listed on Exhibit C, attached hereto and incorporated herein by reference. 16.0. INDEMNIFICATION. 16.1. Except as specifically identified and assumed in this Agreement, the District shall not assume any liabilities or potential liabilities of the City, known or unknown, that existed as of the Transfer Date relating to contracts, claims, lawsuits, debts, permits, fines, penalties, interest, treatment charges, or other costs related to the Sewer Collection Facilities. City shall indemnify, hold harmless and defend the District at the City's own cost, expense and risk, against any and all claims, suits, PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 7 Version 4: 91912010 actions or other legal proceedings of every kind that may be brought or instituted against District or any of its directors, officers, employees, agents, representatives, successors and/or assigns relating to the Sewer Collection Facilities during any period of time prior to the Transfer Date, irrespective of when the claim, suit, action or other legal proceeding was or is initiated. City shall pay and satisfy any judgment, award or decree that may be rendered against District or any of its directors, officers, employees, agents, representatives, successors and assigns or authorized volunteers, in any and all such aforesaid suits, actions, or other legal proceedings. 16.2. The District shall indemnify, hold harmless and defend the City at the District's own cost, expense and risk, against any and all claims, suits, actions or other legal proceedings of every kind that may be brought or instituted against City or any of its Council, officers, employees, agents, representatives, successors and/or assigns arising out of or relating to the obligations expressly assumed in this agreement to District's performance of its duties, as established herein, and/or relating to the Sewer Collection Facilities after the Transfer Date. 17.0. FEES AND COSTS. 17.1. Each Party shall bear its own fees, costs or expenses, including attorney's fees and consultant fees, incurred in connection with the preparation, negotiation, finalization, approval or documentation of this Agreement and the related documents and transactions contemplated herein, regardless of when incurred. 17.2. In the event of any action arising out of, or in connection with, enforcement of this Agreement, the prevailing Party shall be entitled to have and recover, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation, its attorney's fees. 18.0. NOTICES. Unless otherwise expressly stated in this Agreement, all notices, requests and other communications under this Agreement shall be in writing and shall be delivered (i) in person, (ii) by registered or certified mail, return receipt requested, (iii) by recognized overnight delivery service providing positive tracking of items (for example, Federal Express), or (iv) by facsimile or other electronic transmission if a copy is sent simultaneously by a method described in clause (1), (ii) or (iii), addressed as hereinafter provided or at such other address of which the City or the District shall have given notice as provided in this Section. All such notices, requests and other communications shall be deemed to have been sufficiently given for all purposes hereof only upon receipt by the party to whom such notice is sent. Notices by the parties may be given on their behalf by their respective attorneys. Notices should be provided in accordance with this Section at the following addresses: District: General Manager Yorba Linda Water District PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 8 Version 4: 91912010 P.O. Box 309 Yorba Linda, California 92885-0309 City: City Manager City of Yorba Linda PO Box 87014 Yorba Linda CA, 92885-8714 19.0. SEVERABILITY. If one or more provisions of this Agreement shall be held invalid, illegal or unenforceable, such provision shall, to the extent possible, be modified in such manner as to be valid, legal and enforceable but so as to most nearly retain the intent of the parties, and if such modification is not possible, such provision shall be severed from this Agreement. In either case, the balance of this Agreement shall be interpreted as if such provision were so modified or excluded, as the case may be, and shall be enforceable in accordance with its terms. 20.0. ENTIRE AGREEMENT. This Agreement, together with the Exhibits, contemplated hereby, embodies the entire understanding and agreement of the City and the District with respect to the subject matter of this Agreement and merges and supersedes all prior representations, agreements, and understandings, whether oral or written, between the City and the District with respect to the subject matter hereof, including, without limitation, any and all written or oral statement or representations by any official, employee, agent, attorney, consultant, or independent contractor of the City or the District. 21.0. COUNTERPARTS. This Agreement may be executed in two or more counterparts, including by means of faxed signature pages, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as of the day and year written above. District: City: Yorba Linda Water District City of Yorba Linda By: By: William R. Mills John Anderson President of the Board of Directors Mayor, City of Yorba Linda ATTEST PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 9 Version 4: 91912010 Marcia Brown, City Clerk City of Yorba Linda ATTEST: Kenneth Vecchiarelli Secretary of the Board of Directors APPROVED AS TO FORM: McCormick, Kidman and Behrens, LLP By: Arthur G. Kidman, General Counsel APPROVED AS TO FORM: By: Jamie Raymond, Interim City Attorney City of Yorba Linda Attachments: Exhibit A: Sewer Collection Facilities Exhibit B: Easements Exhibit C: Permits Exhibit D: Inventory Items Exhibit E: Wastewater Rate Study PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 10 ITEM NO. 3.1 AGENDA REPORT Meeting Date: September 21, 2010 Budgeted: Yes Total Budget: $3,000 To: Executive-Administrative- Cost Estimate: $4,000 Organizational Committee Funding Source: Water Operating Fund From: Ken Vecchiarelli, General Manager Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: N/A Prepared By: Cindy Botts, Management CEQA Compliance: N/A Analyst Subject: AWWA QualServe Self-Assessment Survey Results SUMMARY: The AWWA QualServe Program is designed to help water and wastewater agencies improve performance and increase customer satisfaction on a continuing basis through the use of an agency Self-Assessment Survey. This survey was taken by fifty employees throughout the month of August 2010 and asks for the "insider" perspective in the areas of Organizational Development, Business Operations, Customer Relations, Water Operations, and Wastewater Operations. The survey was anonymous with individuals identified only by department, whether they were a "Supervisor", and the approximate length of their service to the District (less than 1 year, 1-5 years, or more than 5 years). The survey consisted of 350 questions rated on a scale of (1)Strongly Disagree to (5) Strongly Agree, with an option of "Not Applicable/I Don't Know". DISCUSSION: The Self-Assessment survey results were positive overall, but the areas of Continuous Improvement, Communications and the District's Strategic Plan were identified as "needs improvement" by the employees. The highest average rating was in the area of Health and Safety Management, with 40% of the respondents marking "strongly agree" (the highest rating of 5) that safety is of high importance to both management and staff. The lowest average rating was in the area of Continuous Improvement, with 52% marking "strongly disagree" (the lowest rating of 1) that labor (unions) and management work together effectively to improve working conditions. Individuals were also given space at the end of the survey to write in individual comments or to expand their thoughts on a particular question in the survey. These comments involved communications (from supervision, between departments, cost/benefit analysis) and the need for improvements (within the areas of roles and responsibilities, direction, support from managers, attitude, problems with the GIS system, and the need for higher rates to purchase better equipment and additional staff/increased pay and benefits). The results of the survey were also discussed in the Productivity, Innovation and Communication (PIC) employee committee. The Committee noted that the Leadership and Organization section was rated highly, especially in the areas of employees understanding the District's mission and striving for high quality service. The Committee also noted that a competitive compensation system, including the absence of education incentives and financial reward for excellent performance, was rated low or very low consistently over several areas. Understanding and having employee buy-in to the District's Strategic Plan, as well as the District having a formal plan to capture critical knowledge of employees eligible for retirement in the next five years was also rated low or very low. Based on these results, the PIC committee has identified that the areas of Continuous Improvement and knowledge of the District's Strategic Plan are two of the highest priority items to be addressed. Initial recommendations to improve these areas include: . Education to employees on the District's Strategic Plan and allowance for employee input whenever possible. . More frequent All-Hands meetings to increase information sharing between the departments and boost employee morale . A State of the District meeting with employees to discuss future plans and how that will affect individual employee jobs . Yearly salary and benefit surveys Additional recommendations on how to achieve improvement in the areas of knowledge/buy-in to the District's Strategic Plan and Continuous Improvement can be further established through future meetings of the PIC Committee. Ideas and comments from the District's Comment Boxes will be posted in a running "blog" on the District's intranet and discussed monthly with the General Manager. Other areas of concern that are indicated in the Self-Assessment analysis will be identified and placed in order of importance during future PIC committee meetings. As the results of this survey are a point of reference for future growth and employee satisfaction within the District, a yearly analysis of the steps taken or improvements made would be appropriate. Lastly, the Committee felt that it was important to convey the results of the Self-Assessment Survey to the District employees as a whole as soon as possible, via an All-Hands meeting for overview of the results and a posting of the analysis run by AWWA on the individual questions on the District's intranet. ATTACHMENTS: Name: Description: Type: YLWD_Self-Assessment _Report _Analysis.doc Overall Analysis Backup Material Individual Statement Results-Yorba Linda.pdf Individual Statement Results Backup Material YLWD_S-A_Analysis.xls AWWA Statement Analysis Backup Material Self-Assessment Comments - YLWD.pdf Self Assessment Employee Comments Backup Material Yorba Linda Water District Self-Assessment Report Analysis Overall: • 50 respondents with an overall average response of 3.5 o Organization Development = 3.3 o Business Planning & Management = 3.2 o Customer Relations = 3.6 o Wastewater Operations = 3.9 o Water Operations = 3.8 • Average variation within groups: o By position = 0.1 o By tenure = 0.6 o By department = 0.5 Variations between Departments: • By department: o Organization Development = 0.7 o Business Planning & Management = 0.9 o Customer Relations = 0.7 o Wastewater Operations = 0.6 o Water Operations = 0.8 Individual Category Averages: • Highest Average - Health & Safety Management = 3.9 with an average of 42 respondents o Question 4-2 Health and safety is a high priority of both management and staff. = 40% strongly agree with 48 respondents o Question 4-6 The health and safety program includes monitoring of safety on the job investigation and feedback from all accidents.= 35% strongly agree with 43 respondents o Question 4-8 This utility rigorously implements a confined-space entry policy, including training and certification = 42% strongly agree with 43 respondents • Lowest Average - Continuous Improvement = 2.7 with an average of 45 respondents o Question 2-9 Some employees may receive bonuses on team achievements = 68% strongly disagree with 44 respondents o Question 2-11 Labor (unions) and management work together effectively to improve working conditions = 52% strongly disagree with 46 respondents Comments: • Communications - from supervision, between departments, cost/benefit analysis • Improvements - roles & responsibilities, direction, support, attitude, GIS, rates Percentage Response by Individual Statement ` = y L N U 0 O R D Q. d CL Q Q 0 co (Note: the highest response for each statement is highlighted in red. If there are equal ayi d 2L m rn „ O responses, all responses for that statement are highlighted.) o N o a' LO Yorba Linda ORGANIZATIONAL DEVELOPMENT 1-1 1 understand and support this utility's mission, vision, values and strategic direction. 50 100% 4.3 40% 12% 2% 1-2 The organization's programs/initiatives show commitment to the stated mission, vision, values and strategic direction. 50 100% 3.8 26% 28% 6% 21%. 1-3 Employee's actions show commitment to the stated mission, vision, values and strategic direction. 50 100% 3.6 16% 16% 12% 4% 1-4 Managers and supervisors demonstrate commitment to the utility's mission, vision, values and strategic direction. 50 100% 3.5 18% 26% 10% 6% 1-5 This utility develops and retains engaged employees for our organization's future success. 49 98% 2.7 8% 20% ' • 22% 1-6 1 feel comfortable discussing issues about our utility with the managers of the organization. 50 100% 3.5 28% 24% 6% 10% 1-7 My subordinates/team members are comfortable discussing work-related issues with both managers and peers, as evidenced in regular 50 100% 3.5 18% 28% 12% 6% team meetings or individual discussions. 1-8 1 have opportunities to offer input on matters that I know something about or that generally concern me. 50 100% 4.0 32% 30% 1-9 Senior staff communicate effectively with all employees. 50 100% 3.2 10% 30% • 14% 10% 1-10 Striving for high quality service is important to this utility. 50 100% 4.2 W 38% 12% 2% 2% 1-11 Information regarding utility organization and management are effectively communicated to all employees. 50 100% 2.9 6% 20% • 16% 12% 1-12 Employee roles and responsibilities are clear at this utility and people are sure about what to do in specific situations. 50 100% 3.6 14% • 32% 4% 4% 1-13 This utility's management encourages employees to ask questions and offer ideas. 49 98% 3.3 6% 33% 14% 4% 1-14 At this utility, people work together to make sure that things get done right and on schedule. 49 98% 3.7 20% 18% 12% 4% 1-15 My supervisor consistently checks with me to see "how things are going". 50 100% 4.0 34% 20% 2% 2% 1-16 Senior management participates regularly in day-to-day activities. 47 94% 3.4 17% 28% • 13% 6% 1-17 Senior management are visible and accessible to employees and customers. 49 98% 3.7 22% 29% 8% 2% 1-18 Employees at this utility know and support improvements we are striving to make. 49 98% 3.1 6% 31% 12% 8% 1-19 Managers and supervisors receive training on how to effectively lead people. 42 84% 3.6 14% 19% 7% 7% 1-20 Managers and supervisors effectively apply the training they receive on how to effectively lead people. 44 88% 3.3 11% • 32% 1 1% 9% 1-21 This utility rewards and/or recognizes people who exceed expectations and requirements (e.g., when a unit exceeds its performance 47 94% 2.8 11 % 21 % • 23% 19% targets, they may be formally recognized). 1-22 1 have an understanding and appropriate tools/training to perform my job well. 50 100% 4.1 R' • 38% 14% 8% 1-23 This utility has clearly defined decision-making processes that are regularly followed. 49 98% 3.2 10% 33%1 1 12% 10% Improvement Continuous 2-1 This utility has a formal process for comparing its performance against other utilities or similar organizations. 42 84% 2.2 10% 26% 31% 2-2 The employees of this utility are continually developing and implementing ways to improve efficiency and effectiveness. 49 98% 3.3 14% 31% 8% 8% 2-3 The outcomes/results of the utility's continuous improvement efforts are easily recognized because they are tracked or reported. 47 94% 2.8 11% 19% 23% 11% 2-4 This utility periodically (e.g., at least annually) measures its performance against its short and long-term goals. 39 78% 3.0 13% 15% 18% 10% 2-5 This utility is committing the necessary resources (e.g., training employees, investing in new technology, etc.) to achieve its long-term 49 98% 3.5 18% 31 % 14% 4% performance improvement goals. 2-6 A team approach is encouraged to promote performance improvement. 49 98% 3.3 16% 24% 16% 8% 2-7 Most employees of this utility receive formal training on problem-solving skills and methods. 46 92% 3.0 7% 30% 20% 11% 2-8 Problem-solving skills and methods are used by employees to contribute to continual improvement. 46 92% 3.3 4% 37% 11% 2% 2-9 Some employees may receive bonuses on team achievements. 44 88% 1.4 2% 5% 25% 2-10 This utility has implemented high performance work teams. 41 82% 2.8 10% 12% 20% 15% 2-11 Labor (unions) and management work together effectively to improve working conditions. 46 92% 1.9 2% 9% 22% 15% Percentage Response by Individual Statement y L N U 0 O R D Q. a d CL Q Q 0 CO (Note: the highest response for each statement is highlighted in red. If there are equal d 0 ° rn u o ) responses, all responses for that statement are highlighted.) o N o a' LO Yorba Linda 2-12 Employees and management work together effectively to improve working conditions. 47 94% 2.5 4% 714%26% 17% 2-13 Labor (unions) and management at this utility work together to develop new job classifications and pay systems that are flexible and 41 82% 2.2 2% 24% support strategic direction. 2-14 Employees and management at this utility work together to develop new job classifications and pay systems that are flexible and 43 86% 2.2 23% support strategic direction. Human Resources Planning and Management 1156 86% 3.0 14% 26% 26% 1791 3-1 This utility has formal programs for training, certification, and education. 47 94% 3.9 32% 19% 6% 4% 3-2 This utility's training and certification programs emphasize cross-training and multi-skill certification (e.g., operator and mechanic). 46 92% 3.2 13% 17% 15% 15% 3-3 Individual training/education plans are developed for each employee and reviewed/updated annually. 46 92% 2.7 11% 24% 22% 15% 3-4 Mentors/advisors are available to help employees identify and achieve their goals. 46 92% 2.5 7% 15% 26% 24% 3-5 This utility provides employees with retraining and transition assistance when changing positions. 42 84% 3.1 12% 21 % 24% 10% 3-6 This utility promotes job security by relying on normal attrition, reassignment to other positions, and early retirement to avoid lay-off 35 70% 3.1 11% 20% 3% 14% situations. 3-7 This utility's compensation system (benefits and salary) are competitive within the industry. 47 94% 2.0 11 % 21 % 30% 3-8 This utility has implemented skill-based incentives to encourage employees to learn new skills. 46 92% 2.0 11 % 17% 30% ' 3-9 Employees are rewarded financially for excellent performance. 46 92% 2.0 4% 200 15% 3-10 This utility has written policies to ensure a fair workplace according to equal opportunity regulations. 46 92% 3.9 33% 24% 2% 3-11 Performance and other workplace standards are consistently monitored and enforced. 46 92% 3.2 9% 24% 15% 13% 3-12 This utility does a good job of attracting and hiring qualified staff that are a "good fit" with position requirements. 46 92% 3.3 13% 28% 9% 13% 3-13 This utility does a good job of attracting and hiring qualified staff that are a "good fit" with organizational culture. 45 90% 3.4 18% 29% 9% 11 3-14 This utility is committed to equal opportunity and equal treatment of all employees regardless of age, sex, race, religion, or other 47 94% 3.9 30% 21% 9% 2% workforce diversity issues. 3-15 At least annually, every employee's performance is evaluated by a supervisor and the employee receives formal feedback. 46 92% 3.6 13% 17% 9% 3-16 Supervisors routinely provide constructive, informal feedback to employees. 45 90% 3.6 16% 36% 4% 2% 3-17 When management's performance is evaluated, attainment of improvement objectives is a primary consideration. 27 54% 3.0 7% 30% 15% 15% 3-18 This utility has formal objectives related to knowledge sharing. 37 74% 2.6 3% 19% 30% 16% 3-19 This utility has formal objectives related to learning culture type of behaviors. 34 68% 2.5 3% 15% 29% 15% 3-20 This utility provides its employees with a comprehensive benefits package, including health insurance, short-term disability, and long- 44 88% 4.0 32% 9% 14% 2% term disability insurance protection. 3-21 This utility has processes and practices in place to support career development. 46 92% 3.2 13% 28% 13% 13% 3-22 Human resources related performance metrics have been defined and are tracked and reviewed on a regular basis. 29 58% 2.8 3% 21 % 24% 10% 3-23 Practices for personal/professional development are in place related to knowledge management and employee retention. 44 88% 2.8 50 25% 20% 16% 3-24 This utility's workforce plan follows its strategic direction, including appropriate job flexibility and use of alternative resources 40 80% 3.5 13% t ` 30% 15% 3% (contracting, part-time, etc.) 3-25 A formal employee recognition and reward system has been implemented. 45 90% 2.4 7% 27% . 24% 3-26 Employee engagement surveys are conducted on a regular basis and results are shared with all employees. 43 86% 2.1 9% 30% 23% % 7% 16% 3-27 This utility has clearly defined roles and responsibilities for all job positions with individual accountability for job performance. 45 90% 3.3 18Ail. 4-1 This utility has a formal health and safety program. 48 96% 4.0 33% ~ 15% 6 % 2% Percentage Response by Individual Statement ` = y L N U 0 O R D Q. a d CL Q Q 0 co (Note: the highest response for each statement is highlighted in red. If there are equal d 0 ° rn u o ) responses, all responses for that statement are highlighted.) o N o a' LO Yorba Linda 4-2 Health and safety is a high priority of both management and staff. 48 96% 4.0 19% 6% 4-3 Health and safety are fully integrated into everyday work practices and procedures at all levels. 48 96% 4.0 15% 4% 4% 4-4 Safety is tracked with performance measures (e.g., lost work days, lost time-accidents, etc.) 40 80% 3.5 20% 8% 13% 4-5 Health and safety training and equipment provided to employees conforms to the highest industry standards considering the job 46 92% 3.9 33% 15% 9% 2% classification, type of work performed, and risk exposure of each employee. 4-6 The health and safety program includes monitoring of safety on the job investigation and feedback from all accidents. 43 86% 3.8 28% 26% 7% 5% 4-7 When faced with a safety risk or a question, employees know where to find information (e.g., procedures) or who to call for assistance. 47 94% 3.7 26% 11% 2% 4-8 This utility rigorously implements a confined-space entry policy, including training and certification. 43 86% 4.1 37% 14% 7% 4-9 Management, crew supervisors, and crew members are aware of and consistently follow trench safety procedures and fully comply with 40 80% 4.1 28% 15% all related OSHA state/provincial requirements in all applicable settings. 4-10 Awareness of skills training is provided to appropriate staff to prevent and handle risks associated with noxious gases, oxygen 42 84% 4.1 29% G. 21% deficiency, explosion hazards, and microbiological threats. 4-11 This utility has a comprehensive health and safety program for dealing with all aspects of hazardous material (e.g., chlorine). 41 82% 3.9 24% 37% 4-12 Work areas are equipped with appropriate lighting, ventilation, and noise control. 47 94% 4.1 38% 11% 4% 2% 4-13 Work areas have proper layout with ergonomically designed furniture and equipment. 47 94% 3.8 26% 23% 9% 2% 5-1 This utility has a comprehensive emergency response plan that addresses all major circumstances that could disrupt normal operations. 46 92% 3.6 26% 26% 9% 7% 5-2 This utility has an up-to-date risk management plan that conforms to Clean Air Act amendments and OSHA state/provincial 30 60% 3.7 211%M 23% 13% requirements and standards. 5-3 This utility routinely conducts emergency response training for appropriate personnel. 45 90% 3.0 16% 18% 20% 13% 5-4 This utility routinely conducts simulation drills, table-top exercises, and other methods to test whether it is prepared for an emergency. 46 92% 2.8 7% 22% 17% 20% 5-5 This utility conducts sessions to forecast the emergency situations that could arise and uses this information in designing its emergency 41 82% 2.8 10% 17% 22% 17% response plan. 5-6 All employees have an understanding of their special roles in emergency situations. 48 96% 2.7 6% 17% 29% 17% 5-7 This utility investigates the causes of emergencies and takes the necessary corrective actions to prevent a recurrence. 46 92% 3.6 20% 33% 9% 2% 5-8 This utility's customer call/dispatch center effectively prioritizes and appropriately expedites response to reports of low water pressure 42 84% 4.1 38% 17% 2% 2% and water main leaks and breaks. 5-9 This utility's dispatch center expedites response to reports of backups and flow stoppages in an effective manner. 38 76% 4.1 34% 16% 3% 3% 5-10 Each emergency response goes through an after action review to effectively identify procedures that served well and those that did not 36 72% 3.4 19% 19% 6% meet expectations. 5-11 This utility has, or effectively coordinates with, an emergency response command center and communications system to keep its 38 76% 3.4 16% 32% 16% 3% response team, regulators, government agencies, media, and the general public informed. 5-12 This utility is in compliance with hazardous material storage regulations, such as spill containment installed around all bulk hazardous 36 72% 4.1 25% 140 3% material and fuel storage areas. 5-13 This utility has formal mutual aid arrangements with local, state, and/or regional emergency response organizations and other utilities. 38 76% 4.2 37% 16% 30% 1 0 5-14 This utility has a specially trained first-responder team (or backup) to respond to emergency situations such as a chlorine leak or 32 64% 3.0 16% 9% hazardous chemical or fuel spill. 5-15 Up-to-date and accessible standard response procedures are followed carefully by all utility personnel. 34 68% 3.4 18% 24% 18% 30 N U 0 Percentage Response by Individual Statement y L O R Q. a d Q. Q Q Z CO (Note: the highest response for each statement is highlighted in red. If there are equal d 0 ° rn u o ) responses, all responses for that statement are highlighted.) o N o a' LO Yorba Linda 5-16 This utility takes appropriate measures to protects its property and facilities from unauthorized entry and activity. 46 92% 3.7 26% 22% 4% 5-17 This utility has implemented a chemical delivery system that minimizes the inventory of hazardous chemicals on site. 28 56% 3.9 18% 25% 11 Percentage Response by Individual Statement ` = y L N U 0 Q. a d Q. Q Q Z CO O R) (Note: the highest response for each statement is highlighted in red. If there are equal d Q m rn 11 u o responses, all responses for that statement are highlighted.) N o a' LO Yorba Linda Knowledge and Asset Management 428 54% 3.2 13% 35% 24% 14% 14% 6-1 This utility has a formal process for planning technical upgrades, expanding capacity, and maintaining existing assets that cover both 38 76% 3.8 24% 21 % 8% 3% short and long term planning horizons ranging from 5 to at least 50 years. 6-2 This utility develops contingency plans far enough in advance to stay on top of situations. 37 74% 3.5 14% 16% 22% 3% 6-3 This utility has a formal process for evaluating the condition of existing utility equipment and infrastructure and determining replacement 37 74% 3.4 14% 32% 8% 8% or rehabilitation needs. 6-4 This information from such evaluations contributes to capital improvement and maintenance program decisions to achieve target service 31 62% 3.6 16% 32% 10% levels. 6-5 This utility keeps an up-to-date inventory of its assets and real property. 36 72% 3.7 14% 22% 11% 6-6 Accurate maps and as-built drawings are readily available covering all utility properties, easements, rights-of-way, etc. 42 84% 3.1 14% 24% 14% 17% 6-7 This utility has a CMMS (Computerized Maintenance Management System) that is used to track work and costs. 32 64% 2.0 3% 6% 25% 16% a' 6-8 This utility's critical assets have been identified using a risk model. 16 32% 3.4 25% 19% 19% 6% 6-9 Capital renewal and projected replacement expenditures exist for at least ten years out. 20 40% 3.5 5% "1 15% 15% 5% 6-10 A formal process for risk assessment is used to determine renew or replacement capital expenditures. 21 42% 3.5 19% 5% 10% 6-11 RCM (Reliability Centered Maintenance) and failure mode analysis are example techniques used by maintenance. 12 24% 2.1 8% 33% 17% ' 6-12 This utility captures sewer system condition data in accordance with NAASCO/Pipe Line Assessment and Certification Program. 16 32% 3.9 31% 25% 6% 6-13 This utility has a Knowledge Management Program in place to capture critical knowledge from employees eligible for retirement in the 26 52% 2.0 4% 8% 15% 27% next five years. 6-14 This utility has a Knowledge Management Program in place to capture critical organization policies procedures, and work processes. 22 44% 2.2 5% 14% 18% 27% 6-15 There is a reserve account to provide funding for asset renewal or replacement. 19 38% 3.7 16% 21% 5% 5% 6-16 This utility demonstrates a sustainable approach to asset management, including consideration of social and environmental costs and 23 46% 3.2 26% 13% 9% benefits in its capital and operating decision-making. BUSINESS PLANNING AND MANAGEMENT Capital Improvement Planning 254 56% 3.71 W3% 20% 7% 8% 7-1 Capital improvements are clearly linked to the utility's strategic plan and long-term goals. 35 70% 4.2 31% 26% 7-2 The capital improvement plan is updated yearly as part of the annual planning process. 30 60% 4.3 37% 7% 7% 7-3 The process for prioritizing where to spend capital funds is based on optimized use of assets based on return on investment, life cycle 24 48% 4.0 29% 21% 8% cost or other business case analysis. 7-4 The higher priority projects identified in this process are funded first. 28 56% 4.0 25% 21% 7% 7-5 The selection of potential capital improvement projects is based on staff-level input from many departments (e.g., operations, 32 64% 3.7 25% 13% 19% 6% maintenance, engineering, etc.). 7-6 Customers and other stakeholders have opportunities to provide input to capital planning processes in a meaningful way, such as 32 64% 3.0 13% 25% 16% 16% defining service levels. 7-7 This utility's staff have all the skills, information, tools and processes needed to execute the capital improvement plan on time and 30 60% 3.5 20% 30% 3% 10% budget. 7-8 This utility's capital improvement program is linked with local and regional master plans. 20 40% 3.1 10% 15% 20% 15% 7-9 The capital improvement plan takes into account the utility's regulatory compliance requirements. 23 460X 3.6 130X 17% 13% 8-1 This utility has implemented an effective strategic planning process. 32 64% 3.2 3% 34% 16% 3% Percentage Response by Individual Statement ` = y L N U 0 O R D Q. a d CL Q Q 0 CO (Note: the highest response for each statement is highlighted in red. If there are equal d 0 ° rn u o ) responses, all responses for that statement are highlighted.) o N o a' LO Yorba Linda 8-2 This utility's strategic planning process is based on the utility's vision and mission. 29 58% 3.4 17% 24% 10% 3% 8-3 This utility's Strategic Plan includes performance measures that are reviewed on a regular basis. 24 48% 3.2 13% 25% 21% 4% 8-4 This utility identifies strengths, weaknesses, opportunities and threats and analyzes them to identify alternative solutions. 27 54% 3.3 4% 37% 11% 4% 8-5 Employees understand the direction of the utility's Strategic Plan. 36 72% 2.3 8% 8% 22% 25% 8-6 Employees feel a sense of ownership for the utility's Strategic Plan. 33 66% 2.2 3% 21% 12% 24% 8-7 This utility actively seeks to involve all relevant stakeholder groups (employees, customers, governance body, etc.) in its strategic 32 64% 2.4 3% 25% 19% 19% planning process. 8-8 This utility's strategic plan identifies key constituencies, defines the utility's relationship with them, and articulates specific goal for each 25 50% 2.6 4% 24% 16% relationship. 8-9 This utility follows through on commitments listed in the strategic plan to all stakeholders. 23 46% 3.1 9% 22% 26% 9% 8-10 Adhering to the utility's strategic plan improves its ability to accomplish its mission. 27 54% 3.4 11% 11% 4% 8-11 The strategic plan identifies potential new business opportunities (e.g., large commercial users and residential subdivisions). 20 40% 3.2 5% 30% 10% 5% 8-12 Strategic and business plans clearly define who, or which departments, are responsible for each task. 29 58% 3.1 3% 7% 14% 8-13 As an employee, I understand my role in implementing this utility's strategic plan. 36 72% 2.9 19% 19% 19% 11 8-14 This utilities strategic planning includes consideration of climate change impacts and the potential for mitigating associated risks. 23 46% 2.8 9% ' 26% 4% 9-1 This utility has established financial performance targets. 30 60% 3.4 20% 30% 3% 13% 9-2 This utility has an effective financial planning process to ensure it has the capital and cash it needs to meet its business plan. 30 60% 3.4 17% 23% 13% 10% 9-3 This utility meets its financial obligations in a timely manner (e.g., payroll, debt service, payments to suppliers, etc.) 33 66% 4.3 42% 9% 3% 9-4 This utility periodically reviews its investments to determine whether they are achieving their expected outcomes. 25 50% 4.2 32% . 4% 4% 9-5 This utility successfully collects revenues owed to it (e.g., service fees, rates, local government payments, etc.) 32 64% 4.0 25% 9% 3% 3% 9-6 This utility has control over its revenues such that other government departments (e.g., trash service, roads, etc.) do not have access to 28 56% 4.4 36% 11% utility revenues. 9-7 This utility knows the limitations of its financial knowledge and seeks advice from outside experts when needed. 32 64% 4.0 6% 3% 6% 9-8 This utility has a formal program to manage financial risks related to operations and capital investments. 23 46% 3.6 26% 9% 9% 9-9 Financial risks are considered in the utility's day-to-day operations. 29 58% 3.6 140 28% 3% 7% 9-10 This utility has a process to identify supplemental goods and services (e.g., biosolids by-products, laboratory and engineering services, 23 46% 3.3 9% 26% 22% 4% bottled water, etc.) it can offer. 9-11 This utility educates its employees at all levels about budget and financial processes that are important to them. 36 72% 2.2 19% 17% 28% 9-12 This utility regularly conducts rigorous analysis of its rate structure, revenue generation, and capital needs to ensure rates are at the 29 58% 3.0 14% 3% 21% 24% right levels and adequate cash and capital are available. 9-13 This utility has established specific criteria to determine when rates should be adjusted. 33, 66% 2.4 6% 27% 6% 24% 9-14 This utility develops, maintains and uses both short and long-term financial projections for capital, O&M and revenues. 27 54% 3.3 22% 15% 11 Property Plant and 10-1 This utility considers strategic purchases of property to protect the watershed and source water resources. 10-2 This utility supports its water supplier when that utility considers strategic purchases of property to protect the source water resources. 10-3 This utility seeks input from the public when deciding property issues that may impact adjacent residents or the public at large. Percentage Response by Individual Statement ` = y L N U 0 O R D Q. a d CL Q Q 0 CO (Note: the highest response for each statement is highlighted in red. If there are equal d 0 ° rn u o ) responses, all responses for that statement are highlighted.) o N o a' LO Yorba Linda 10-4 Buildings, real property, rights-of-way, and easements are maintained to an appropriate service level. 10-5 This utility's long-range plan includes a formal process for identifying future real estate needs. 10-6 This utility's participation in local and regional land planning protects resources while balancing multiple uses. 10-7 This utility regularly reviews its property holdings to make appropriate decisions regarding maintenance and disposal of surplus property. 10-8 Where appropriate, this utility supports multiple uses of utility property as part of its good neighbor policy and/or as a source of additional revenue. 11-1 This utility hires engineering firms to perform selected services and projects in a way that makes economic, technical, and operational 36 72% 3.7 28% 17% 6% 11% sense. 11-2 This utility conducts appropriate levels of research and development through its own and/or through collaborative efforts. 35 70% 3.4 23% 26% 9% 14% 11-3 This utility tracks costs for design and construction of capital improvement program projects. 36 727 4.1 39% 8% 8% 11-4 This utility administers design and construction according to formal policies and procedures to ensure quality and cost effectiveness. 32 64% 3.9 2206 6% 3% 11-5 The process to select consultants and contractors to work on the utility's projects is well documented and is based on qualifications and 34 68% 3.2 24% 9% 6% 26% best value rather than lower cost. 11-6 This process consistently identifies firms that are well qualified to do good work 35 70% 3.4 26% 11% 14% 14% 11-7 This utility has a process to pre-qualify engineers and other contractors. 27 54% 3.6 33% 11 % 7% 7% 11-8 This utility has an effective process for inspection of new distribution and/or collection systems that ensures quality extensions to the 31 62% 3.5 23% 13% 6% system. 11-9 This utility uses alternative delivery mechanisms when and where appropriate. 22 44% 3.5 23% 146 9% Purchasing 228 65% 3.~ mmr 326/6 lo% 13% 12-1 This utility solicits competitive bids when ordering bulk chemicals, fuel, and other large-dollar-volume equipment, material, and supplies. 32 64% 13.150% 25% 9% 12-2 This utility has a program to evaluate and optimize chemical usage. 20 40% 20% 10% 12-3 Formal policies and procedures are in place to manage equipment inventories, materials and other supplies and are followed by 36 72% 28% 8% 11 employees. 12-4 Warehouse inventory is minimized for spare parts and supplies, based on supplier availability, delivery time, criticality of the equipment, 37 74% 11 % 14% and built-in redundancy. 12-5 Purhasing policies allow the utility to buy equipment that is compatible with previous purchases (e.g., meters, valves, hydrants, pumps, 35 70% 26% 14% 6% etc. ) 12-6 Purchased parts are available as needed. 40 80% 28% 10% 20% 12-7 This utility uses regional and cooperative approaches to purchasing supplies it needs. 28 56% 21 % 11 % 21 Ulllllllllllll~P 20, 13-1 Computer and other information management system problems are quickly resolved. 45 90% 2.8 9% 24% 22% 18% 13-2 This utility has a 3-5 year business-driven information technology roadmap that guides information technology investments. 20 40% 2.8 25% 20% 20% 13-3 This utility appropriately invests in information technology to address business issues and maximize its resources. 31 62% 3.1 13% 19% 19% 16% 13-4 Project management principles (for example, managing and communicating project scope, schedule, budget, quality) are routinely 27 54% 3.1 11% 15% 26% 11% applied to all information systems-related projects. 13-5 Investments in information system hardware and software are researched and given appropriate attention for the level of investment. 29 58% 3.0 14% 24% 24% 10% Percentage Response by Individual Statement ` = y L N U 0 O R M Q. a d CL Q Q 0 CO (Note: the highest response for each statement is highlighted in red. If there are equal d 0 ° rn u o ) responses, all responses for that statement are highlighted.) o N o a' LO Yorba Linda 13-6 This utility has a maintenance management/asset management system to support its preventive and predictive maintenance programs. 30 60% 2.7 7% 20% 17% 23% 13-7 This utility collects asset data from maintenance, operations, and financial sources to show total cost of asset for planning rehabilitation 32 64% 2.8 6% 22% 19% 19% and replacement. 13-8 This utility has a customer information management system (CIS) that provides centralized access to current and historical data about 35 70% 3.6 17% 34% 9% 3% customer accounts, premises, service agreements, bills, inquiries, complaints, water consumption, sewer disruptions, and 13-9 All information management systems are consistently available when needed. 34 68% 3.0 9% 35% 12% 6% 13-10 This utility has a human resources information system (HRIS) containing current and historical data on employee's salaries, benefits, 28 56% 3.2 11% 29% 21% 7% tenure, training records, medical records, skills, certifications, demographic data, and that supports legal reporting re 13-11 This utility has a self-service human resource system available to all employees. 36 72% 2.2 6% 33% 14% ' 13-12 This utility's laboratory information management system (LIMS) provides complete, secured access to all monitoring data, supports 15 30% 1.9 70 20% 27% ' random sample management, and handles lab inventory. 13-13 This utility's laboratory information management system (LIMS) automatically generates all required regulatory reports. 14 28% 1.8 21% 36% ' 13-14 This utility's accounting system can report costs by department, activity, and project. 31 62% 3.6 26% 23% 10% 6% 13-15 The utility's accounting system provides timely and flexible reports in the desired format. 30 60% 3.2 20% 23% 17% 13% 13-16 This utility has a geographic-based information management system (GIS) that contains complete and up-to-date records of utility 40 80% 2.9 15% 18% 18% infrastructure and property. 13-17 Employees rarely re-enter the same data into multiple information systems. 30 60% 2.7 7% 23% 23% 20% 13-18 Employees have the tools, data and required training to easily perform required data analysis using data from multiple systems 36 72% 2.7 8% 19% 25% 19% 13-19 Employees can easily find data that is stored electronically. 39 78% 2.6 8% 15% 26% 23% 13-20 Timely support (as defined by the users) is consistently provided for this utility's information management systems. 36 72% 3.1 6% 25% 19% 6% 13-21 Employees have the necessary computing resources to perform their jobs and to communicate effectively. 41 82% 3.0 7% ' , 27% 20% 12% 13-22 This utility has systems providing information such as current and historical engineering drawings, process instrumentation and 38 76% 3.1 5% 29% 16% 8% diagrams, treatment plant operating manuals, and emergency procedures for those who need the information. 13-23 This utility utilizes process control instrumentation and supervisory control and data acquisitions (SCADA) that provides real-time access 40 80% 4.0 28% 3% to all critical system operating data. 13-24 All employees receive the necessary training on computer systems used to do their jobs. 42 84% 2.9 10% 19% 24% 14% 13-25 This utility uses effective information management technology as a key strategy for increasing the productivity and competitiveness of 36 72% 3.0 6% 22% 19% 14% the utility. 13-26 This utility has implemented hardware and software standards within and across each of its facilities. 33 66% 3.1 9% 27% 24% 9% 13-27 This utility has implemented data management standards throughout the organization. 33 66% 3.0 9% 24% 15% 15% 13-28 This utility has implemented appropriate levels of security for information systems. 34 68% 3.5 15% 32% 12% 3% 13-29 This utility has implemented robust information systems backup/restore and disaster recovery mechanisms. 30 60% 3.7 23% 27% 7% 3% 13-30 This utility has implemented software solutions that automate routine functions (for example, using workflow technology to automatically 33 66% 3.0 6% 27% 21% 12% route work from one person to another, gathering necessary approval levels along the way). 14-1 This utility has a formal program to reduce energy consumption. 36 72% 3.1 19% 19% 17% 19% 14-2 Energy efficiency is a factor when selecting motors, pumps, drive systems, lighting systems, air compressors, and other treatment 34 68% 3.7 26% 21% 12% system equipment. Percentage Response by Individual Statement ` = y L N U 0 O R D Q. a d CL Q Q 0 CO (Note: the highest response for each statement is highlighted in red. If there are equal d 0 ° rn u o ) responses, all responses for that statement are highlighted.) o N o a' LO Yorba Linda 14-3 This utility has explored, or is relying on, one or more energy efficiency methods, such as self-generation, co-generation, peak-load 34 68% 3.9 32% 21% 6% 3% leveling, peak shifting, hydropower (hydraulic head), and/or methane-generated energy. 14-4 Staff receive proper training on reading and responding to energy controls, especially for operations with high energy demand. 27 54% 3.0 7% 30% 11% 19% 14-5 Energy usage is monitored regularly and usage reported (before actual utility bills are received). 24 48% 2.7 25% 17% 25% 14-6 A team or person has responsibility to evaluate and report usage. 22 44% 2.8 18% 23% 18% 14-7 Voluntary (manual or automatic) load shedding or generator power is utilized to minimize peak energy usage. 22 44% 3.4 23% 23% • 5% 14% 14-8 Motors with high efficiency ratings are usually selected for new or replacement equipment. 23 46% 4.1 22% 26% 4% 14-9 Biogas from digestion (if available) is used for heating and/or electricity generation. 15 30% 1.7 7% 7% 13% 14-10 This utility uses vehicles and equipment that use alternative fuels (i.e., natural gas, electric, ethanol, etc.). 37 74% 2.3 5% 16% 35% 14-11 High efficiency lighting is used for most building interiors and for exterior lighting. 38 76% 3.4 21 % ' • 21 % 8% 16% 14-12 Heating, ventilation and air conditioning meet the needs of spaces when occupied and reduce to an acceptable level when not. 40 80% 3.4 23% 18% 13% 13% 14-13 This utility has documented its carbon footprint and has plans/actions for meeting targeted reductions. 18 36% 2.1 11% 60 220 6% . CUSTOMER RELATIONS Customer Service 433 87% 3.7 23% 29% 28% 12% 8% 15-1 This utility views its primary mission as providing excellent customer service. 47 94% 4.4 28% 13% 2% 15-2 In everyday work, each employee demonstrates that his or her job is to provide excellent service to utility customers. 47 94% 4.3 32% 17% 2% 15-3 This utility routinely tracks and reports on specific and measurable customer service goals. 43 86% 3.7 28% 19% 12% 5% 15-4 A tracking method that includes action plans is in place to achieve the utility's customer service goals. 37 74% 3.4 22% 19% 14% 5% 15-5 Customer service guidelines are provided to all employees (e.g., covering telephone etiquette, field repairs, response times, and follow- 45 90% 3.3 20% 24% 13% 11% up) on an ongoing basis. 15-6 Every employee who might have contact with customers (including office, operations, and field personnel) receives customer sensitivity 40 80% 3.5 20% = 18% 10% 13% training. 15-7 This utility ensures that field staff know basic things about utility operations, have information about current events, and know where to 45 90% 3.4 18% 27% • 18% 2% refer customers for more information. 15-8 Field personnel are courteous, have a neat appearance, and leave a good impression on the customers they come in contact with. 46 92% 4.1 37% 22% 2% 15-9 This utility has a multi-channel (phone, web, etc.) contact center where customers can contact one location for anything they need, 45 90% 4.2 36% 9% 2% including service activation and termination, account information and bill payment, information inquiries and complaints. 15-10 A program for employees to recommend customer service improvements is an integral part of the ongoing improvement process. 38 76% 3.0 18% 13% ' • 21% 13% .1• 16-1 This utility tracks, trends and reports on first contact resolution (sometimes called first call resolution). 31 62% 3.6 29% 13% 6% 3% 16-2 This utility has a systematic process for evaluating, following up, and reporting on all customer suggestions and complaints. 35 70% 3.7 23% 6% 3% 16-3 This utility provides clear, accurate, easy-to-understand information about the utility and its services to customers through a number of 41 82% 3.9 5% different programs. 16-4 Communications from this utility reflect its customer's demographics (for example, language, culture, etc.). 38 76% 3.6 21%, 34% 8% 16-5 This utility effectively uses different media outlets to communicate with its customers. 42 84% 3.8 26% 29% 7% 2% Percentage Response by Individual Statement ` = y L N U 0 O R D Q. a d CL Q Q 0 CO (Note: the highest response for each statement is highlighted in red. If there are equal d 0 ° rn u o ) responses, all responses for that statement are highlighted.) o N o a' LO Yorba Linda 16-6 This utility has an active education and outreach program to involve customers in planning and decision-making processes, especially 38 76% 3.5 16% 29% 8% 8% for rate-making, capital improvements, and permitting. 16-7 This utility effectively educates the public about capital improvements, including technology upgrades, system expansion, and 38 76% 3.4 18% 29% 18% 3% rehabilitation or replacement of aging infrastructure. 16-8 This utility understands that customers depend on field workers for information so managers ensure that field staff know basic things 42 84% 3.4 21%!24% 19% 5% about utility operations, have information about current events, and know where to refer customers for more information. 16-9 Customers believe the utility is using their money wisely as indicated by their willingness to support rate increases to pay for needed 37 74% 2.9 8% 24% 14% 19% improvements. 16-10 This utility has established formal customer loyalty goals. 29 58% 2.8 10% 21% 21% 16-11 A tracking method, including action plans and reporting, is in place for customer loyalty goals. 24 48% 2.5 8% 13% 21 % 21% 16-12 Surveys and other techniques, such as focus groups, are periodically used to measure customer loyalty and get input on issues such as 26 52% 2.8 8% 23% 23% 15% "willingness to pay" for improved service levels. 16-13 Surveys indicate that customer loyalty levels are high. 21 42% 3.3 24% 24% 10% 14% 16-14 This utility uses its rate structure to influence customer behavior (e.g., conserving water, using reclaimed water, etc.). 38 76% 2.8 11% . 21% 11 % 16-15 This utility conducts analyses of customer rates and account information and uses this information in the long-range planning process. 35 70% 3.3 9% 34% 6% 9% 16-16 Public tours and/or speakers are provided on a regular basis and on request as an integral part of the utility's public education and 37 74% 2.4 3% 19% 22% 27% a' outreach effort. 16-17 Customer account information includes information for long-term planning and trend analysis. 24 48% 3.0 8% 25% 29% 4% 16-18 This utility regularly uses customer information and feedback for its strategic planning process and to improve customer satisfaction. 33 66% 3.2 12% 18% 9% Customer Accounts Management 392 .0, 3.9 3% 5% 17-1 This utility manages customer accounts effectively. 32 64% 4.2 38% 22% 17-2 Information on customer accounts (e.g., billing data, collections data, preferences, complaints, etc.) is managed effectively and 33 66% 4.0 24% efficiently. 17-3 This utility manages credit and collections effectively. 31 62% 4.1 32% 26% 17-4 This utility handles delinquent accounts in a consistent, fair but firm manner. 33 66% 4.1 27% 17-5 This utility reads meters accurately and in a timely manner. 39 78% 4.5 38% 8% 17-6 This utility uses automated meter reading to determine customer consumption. 36 72% 3.9 25% 3% 17-7 This utility delivers timely and accurate bills. 38 76% 4.3 11 17-8 Customer information and billing systems are used to track rate impacts on customer classes and demographic subgroups. 23 46% 3.3 22% 9% 17% 17-9 This utility utilizes a program to properly calibrate meters and keep them in good repair to ensure accurate readings. 30 60% 3.6 27% 17% 13% 7% 17-10 This utility provides consolidated bills for commercial accounts. 11 22% 3.0 18% 2706 17-11 This utility processes payments accurately and promptly. 35 70% 4.3 40% 14% 17-12 This utility manages miscellaneous devices on customer premises that are integral for accurate/reliable metering. 22 44% 3.6 18% 5% 14% 17-13 This utility charges appropriate fees for services or products that customers use beyond those reflected in water/wastewater rates (e.g., 29 58% 3.1 21 % M 17% 17% 21% back-up or leak inspection on customer property). 18-1 This utility has examined joint billing opportunities with other utilities (i.e., water, wastewater, gas, trash, or electricity), and has made the 18 36% 2.3 6% 22% 17% 11 % ' best decisions for its circumstances. 18-2 Representatives of this utility regularly interact with local, state/provincial, and federal government entities. 28 56% 3.6 18% Percentage Response by Individual Statement ` = y L N U 0 O R M Q. a d CL Q Q 0 CO (Note: the highest response for each statement is highlighted in red. If there are equal d 0 ° rn u o ) responses, all responses for that statement are highlighted.) o N o a' LO Yorba Linda 18-3 Interactions with local, state/provincial, and federal government entities are effective. 27 54% 3.6 19% 30% ~ 11 18-4 This utility has a good relationship with zoning boards and staff. 24 48% 3.4 13% 33% 13% 4% 18-5 This utility has a good relationship with city/county councils and staff and planners. 33 66% 3.3 12% 30% 6% 12% 18-6 This utility has a good relationship with parks and recreations managers. 28 56% 3.5 18% 29% 7% 4% 18-7 When appropriate, this utility participates in citing decision processes, permitting procedures, standard setting, and designating uses of 23 46% 3.7 17% 35% water bodies. 18-8 This utility has formal programs to address potential odor, noise, safety, and traffic issues that may affect nearby communities. 30 60% 3.3 3% 40% 7% 7% 18-9 This utility coordinates all capital improvements with appropriate departments (e.g., coordinates with transportation department to 31 62% 3.9 13% 19% 3% minimize disruption of traffic on street and pipe projects). 18-10 This utility maintains a proactive dialogue and overall good communications with regulators. 26 52% 3.9 23% 31% 18-11 This utility actively participates in legislative and regulatory affairs that affect the utility. 27 54% 3.6 19% 33% 7% 18-12 This utility monitors and develops positions on proposed legislation or actively participates in industry associations that provide such 27 54% 3.4 11% 15% services to member utilities. 18-13 When appropriate, this utility formally participates in rule-making, local ordinance development, and related processes. 29 58% 3.7 14% 41% 18-14 This utility has a formal process to incorporate new rules and regulatory requirements into its own policies, procedures, and daily 31 62% 3.4 10% 29% 10% operating practices 18-15 This utility has a successful program to measure the level of regulatory compliance it achieves (e.g.., self-inspection, routine monitoring, 26 52% 3.5 12% 35% 4% 8% periodic compliance audits, and management systems audits). 18-16 This utility has a formal corrective action process, as well as a periodic review with senior utility management to report on compliance 23 46% 3.2 13% 30% 9% 13% performance. 18-17 Senior management uses the information from these reports to help set improvement priorities. 23 46% 3.1 9% 4% 17% 18-18 This utility publishes and widely distributes an annual report that describes all aspects of the utility's operations, including completed and 33 66% 3.5 a' . 21% 27% 9% 12% planned projects, community outreach programs, regulatory compliance, and financial information. 18-19 This utility's strategic direction reflects the community's values as indicated by ongoing survey and other outreach programs. 28 56% 3.1 7% 18% 11% 18-20 This utility has an active outreach program that involves senior utility managers as well as managers of key customers. 24 48% 3.0 800 29% 8% 17% WASTEWATER OPERATIONS Watershed Management 19-1 This utility has established partnerships with other government organizations, environmental groups (e.g., NGOs), districts, and authorities to manage regional watershed issues. 19-2 This utility stays informed of regional watershed issues and becomes involved when appropriate. 19-3 The roles and responsibilities of various government agencies, districts, and authorities for storm water management in the watershed are clearly defined. 19-4 This utility collects data regarding water quality in the service area. 19-5 This utility has developed or actively participated in pollution prevention programs. 19-6 This utility participates in a local and/or regional stream water quality program for the relevant watershed(s). 19-7 This utility participates in local and regional watershed monitoring programs to assess their impact on the watershed. 19-8 This utility supports the use of retention basins, wetlands, stream and habitat restoration, and other projects to control the rate and content of run-off during storm events. 19-9 This utility has created incentives to implement "best practices" for controlling contaminated run-off from non-point sources (i.e., uses or enforces erosion and sedimentation control methods). Percentage Response by Individual Statement ` = y L N U 0 O R D Q. a d CL Q Q 0 CO (Note: the highest response for each statement is highlighted in red. If there are equal d 0 ° rn u o ) responses, all responses for that statement are highlighted.) o N o a' LO Yorba Linda 19-10 Special or specific sampling and analysis of receiving water quality are triggered during high flow and overflow conditions. 19-11 This utility has incorporated special receiving water sampling as part of a community disaster response plan. Operations Wastewater Collection System 20-1 This utility has a formal wet weather management program to prepare for and manage high flow and overflow conditions. 20 40% 3.2 15%l ' . 25% 20% 10% 20-2 This utility has adequate capacity to handle normal peak flow (e.g., no dry weather overflows occur at this utility). 30 60% 4.0 23% 17% 3% 20-3 This utility employs strategies to minimize or eliminate overflows as documented in a CMOM or similar program. 23 46% 4.3 35% 13% 4% 20-4 This utility utilizes one or more special storage and/or treatment systems for CSO mitigation. 11 22% 2.0 18% 18% 9% 20-5 This utility monitors collection system flows and rainfall data for troubleshooting and/or modeling 24 48% 2.9 8% 25% 17% 21% 20-6 This utility completes all legally required notifications for overflow events satisfactorily and on-time. 25 50% 4.2 32% 16% 4% 20-7 This utility maintains up-to-date digitized information on its system, such as "as built" drawings and showing age, materials of 33 66% 3.4 18% . 21% 18% 6% construction, maintenance/repair records, and the condition of all components and provides that data electronically (via GIS a 20-8 This utility's collection/interceptor system preventive maintenance program includes periodic inflow and infiltration testing where the 18 36% 3.7 11% . 22% 11% likelihood of 1/1 exists. 20-9 Regularly scheduled inspections and preventive maintenance are conducted on collection/interceptor system pumps, power supplies, 31 62% 4.1 32% . 16% 1 and backup power generators at a suitable frequency . 20-10 This utility's condition assessment program uses techniques such as closed circuit TV inspection of pipelines. 35 70% 4.4 20% 20% 20-11 This utility conducts periodic hydro flushing and cleaning of sewer system in problem areas to prevent backups, odors, and other 35 70% 4.4 34% 11% problems. 20-12 This utility works hard to coordinate its collection system maintenance and rehabilitation activities with those who may be impacted (e.g., 29 58% 4.2 14% 3% other government agencies, other utilities, customers, etc.). 20-13 Innovative technologies for rehabilitation/replacement, including trenchless technologies, directional drilling or pipe bursting, are 27 54% 4.3 26% 7% 11% employed where needed. 20-14 Flow monitoring of collection system zones is conducted regularly in areas of particular interest. 28 56% 3.4 14% REA 32% 14% 20-15 All pump stations have reliable remote monitoring systems. 33 66% 4.0 36% 12% 6% 3% 21-1 Management and the workforce at this utility are constantly striving to improve treatment operations and maintenance. 21-2 Plant operators at this utility have been trained to perform basic maintenance activities such as cleaning, lubrications, adjustments, and minor repairs. 21-3 The operations of the treatment plant and key unit treatment processes are continuously monitored and controlled with state-of-the-art control systems. 21-4 There are adequate alarms to alert operators to plant process upsets and conditions outside of the norm before they become serious. 21-5 This utility has a formal process to periodically review and upgrade its process control systems. 21-6 This utility has a formal operator training program that helps employees to become certified and to acquire and maintain appropriate skills and knowledge. 21-7 This utility's treatment processes have the appropriate level of equipment redundancy to ensure reliable operation at all times. 21-8 This utility has an effective asset management program, including technology (CMMS/EAMS) for preventive and predictive maintenance of its critical assets. Percentage Response by Individual Statement ` = y L N U 0 O R M Q. a d CL Q Q 0 co (Note: the highest response for each statement is highlighted in red. If there are equal d 0 ° rn u o ) responses, all responses for that statement are highlighted.) o N o a' LO Yorba Linda 21-9 This utility has a predictive maintenance program for all major rotating equipment (pumps and drives, motors, generators, compressors) that utilizes techniques such as temperature, vibration and lube oil analysis. 21-10 This utility conducts failure analysis to identify and correct deficiencies that cause problems. 21-11 This utility has a formal program for accurately monitoring the volume and quality it treats or conveys to assure all data is reliable and timely for regulatory purposes. 21-12 This utility performs additional monitoring beyond regulatory requirements as appropriate for local circumstances. 21-13 This utility routinely improves its treatment performance and/or monitoring programs by tracking emerging issues and technologies. 21-14 This utility has a formal quality assurance/quality control plan for its analytical laboratory facilities or contract lab services. 21-15 To ensure reliable treatment, this utility always has a certified operator available who can monitor and control the plant(s). 21-16 This utility allows an operator to work alone only when personnel safety systems are in place to ensure that the operator's personal safety is not compromised. 21-17 This utility continuously monitors the quality of its sources/influent. 21-18 Coordination between collection system and treatment operations is effective. 21-19 This utility uses plant effluent as reclaimed water internally wherever applicable. Industrial Pre-Treatment Program 22-1 This utility operates an effective pre-treatment program for specific non-domestic users. 22-2 The pre-treatment regulations/ordinances are up-to-date and enforceable. 22-3 Formal procedures are used to notify treatment plant operators of batch discharges and/or accidental releases from industrial customers whose waste could upset the treatment process. 22-4 Industrial/commercial dischargers are required to notify plant operations of possible problems in advance of flows reaching treatment facilities. 22-5 This utility regulates all industrial users covered under applicable national pretreatment standards, and where necessary, establishes more stringent local limits. 22-6 This utility operates an effective inspection, sampling, and monitoring program to ensure industrial dischargers are meeting the pretreatment ordinance and other special requirements. 22-7 This utility works with its industrial and commercial customers to provide technical assistance on pretreatment requirements, problems, and treatment options. 22-8 Customer outreach programs include recognition of superior performance, innovative and creative pretreatment, or other awards for exceptional compliance. 22-9 This utility has an effective formal communications and response program for hazardous spills and releases from industrial/commercial customers. Biosolids Management 23-1 This utility's technology has been selected based on applicable standards and potential end uses of biosolids. 23-2 This utility has people on staff who fully understand wastewater biosolids technology and management. 23-3 Biosolids management staff collaborate with customers using the product. 23-4 If biosolids are applied to the land, they are applied at rates suitable for local soil management and crop production without NOV or fines incurred. 23-5 This utility periodically evaluates the methods of treatment and disposal of biosolids used by its contractor without NOV or fines incurred. 23-6 This utility has a long-term biosolids management plan that provides for safe, economical disposition for at least the next 10 years. Percentage Response by Individual Statement ` = y L N U 0 O R M Q. d CL Q Q 0 co (Note: the highest response for each statement is highlighted in red. If there are equal ayi d 2L m rn „ O responses, all responses for that statement are highlighted.) o N o a' LO Yorba Linda 23-7 This utility collaborates with its customers to assure there is a plan for safe and economical disposal well into the future. 23-8 This utility is using (or has formally evaluated) biosolids management methods that produce a usable by-product (e.g. NBP pursuit or receipt of certification). 23-9 This utility has confidence that its pretreatment program is effective in ensuring quality biosolids. 23-10 This utility captures and uses energy from various treatment plant residuals and waste streams (e.g., methane from anaerobic sludge digestion or heat recovery from incineration). 23-11 This utility has effective methods for eliminating or managing odors from stored biosolids. 23-12 This utility has a formal market development program with local/regional farming organizations, wholesale/retail nurseries, and other operations dealing in fertilizers to identify and serve potential market demand for biosolids. 23-13 A rigorous solids and biosolids monitoring program is being conducted and includes pathogens, metals, toxics, pH, and other parameters of local concern. e 24-1 This utility is in compliance with all of its federal or state/provincial discharge requirements in the current permit cycle. 24-2 This utility monitors receiving and treating of its wastewater to ensure that it is in compliance with federal or state/provincial discharge requirements in the currently permit cycle. 24-3 This utility keeps its employees informed about factors that may impact its ability to consistently meet all federal or state/provincial discharge requirements. 24-4 This utility understands the impact its wastewater has on the receiving waters and takes steps to ensure the quality and quantity of its wastewater fall within agreed limits. 24-5 This utility has standardized procedures to quickly correct operating problems regarding capacity of treatment (identified by an alarm). 24-6 This utility uses redundancy (automated backup) for all critical equipment to ensure effluent quality is maintained. 24-7 When it becomes aware of significant unpredicted changes in its wastewater quality and/or quantity, this utility advises regulators or outside entities and works with them to minimize impact. 24-8 This utility has a routine sensor maintenance and calibration program to ensure data reliability . 24-9 Sensors or monitors in a collection/interceptor system and/or plant headworks provide the real-time data to support needed system analysis. 24-10 Routine monitoring and laboratory analyses are used by this utility to measure treatment plant removal efficiency and effluent quality. 24-11 This utility is successful in staying ahead of new regulatory requirements under Clean Water Act Amendments and other state/local statutes. 24-12 This utility is effective in its negotiations with regulators for the re-issuance of its federal or state/provincial discharge permit. 24-13 This utility coordinates with its users in preparation for re-issuance of federal and state/provincial discharge permit(s). 24-14 This utility has a formal air emissions management program under which it has inventoried all air emission sources. 24-15 This utility has modeled dispersion patterns from its various air emission sources under normal atmospheric conditions. 24-16 This utility has modeled the potential areas impacted by accidental or emergency releases of hazardous materials such as chlorine gas. 24-17 This utility uses effective technologies to control emissions of air pollutants. 24-18 In the last 5 years, this utility has not violated air emission requirements or received complaints. 24-19 This utility uses effective control technology to ensure odors are not a problem in areas surrounding the treatment plant. WATER OPERATIONS N U 0 Percentage Response by Individual Statement y L O R D Q. a d CL Q Q 0 CO (Note: the highest response for each statement is highlighted in red. If there are equal ) d Q m rn u o responses, all responses for that statement are highlighted.) N o a' LO Yorba Linda 00 Water Resources Management 677 59% 3.6 24% 31% 29% 7% 8% 25-1 This utility has developed a protection program for source waters (watershed and/or groundwater recharge areas). 21 42% 3.8 19% 10% 5% 25-2 This utility has developed a protection program for source waters (the groundwater recharge areas). 22 44% 3.8 27% 5% 5% 25-3 This utility is allied with its suppliers to protect the water resources it relies on. 29 58% 4.0 31 % 31% 25-4 Part of this utility's source water protection program includes active involvement in regional land use planning and zoning. 20 40% 3.9 20% 35% 25-5 This utility has a formal planning process to ensure the adequacy and quality of source water supply for future development. 27 54% 4.0 30% 30% 4% 25-6 This utility uses information on customer demographics and consumption patterns in the development of rate structure, price incentives, 32 64% 3.2 19% 25% 19% conservation, and programs for specific classes of customers. 25-7 There is cooperation among utilities and other entities that depend on the same watershed or groundwater recharge area. 28 56% 4.1 36% 14% 4% 25-8 This utility publishes water consumption information and makes it readily available to customers. 33 66% 3.7 30% 24% 3% 9% 25-9 This utility analyzes changes in household consumption patterns, especially in times of peak demand. 23 46% 3.8 17% 22% 9% 25-10 This utility uses water consumption information to develop water supply and demand-management strategies. 30 60% 3.7 23% 20% 10% 3% 25-11 This utility tracks its unaccounted-for water (e.g., leaks, firefighting, or fire hydrant abuse). [Unaccounted-for water is defined as the 32 64% 3.3 13% 31% 9% 13% difference between the quantity of water pumped into the distribution system and the quantity of water billed] 25-12 This utility has a program to minimize its unaccounted-for water loss. 25 50% 2.7 4% 24% 20% 20% 25-13 This utility's water rates have price incentives that promote conserving water. 34 68% 2.4 6% 18% 29% 9% 25-14 This utility uses cost of service rates and fees that fairly distribute costs to customers. 35 70% 2.8 14% 17% 23% 20% 25-15 The utility service area has a requirement for lower-water-consumption fixtures in all new residential construction (toilets, low-flow 25 50% 3.0 24% 20% 12% 16% showerheads, low-flow lawn and landscaping irrigation, etc.) 25-16 This utility understands the current water resources situation in relation to future economic development plans for its service area. 32 64% 3.9 31% 25% 6% 3% 25-17 This utility joins with its water suppliers to support sustainable use of the resources they both depend on. 32 64% 4.0 28% 25% 3% 3% 25-18 This utility has an active program to protect its water delivery infrastructure. 36 72% 3.8 28% 31% 3% 25-19 This utility effectively manages land areas critical to protecting its source water. 26 52% 3.3 15% 19% 8% 8% 25-20 This utility allies with its water suppliers to assure there is a safe and reliable supply well into the future. 35 70% 3.9 34% 26% 3% 25-21 This utility effectively manages its water resources when they are used for other activities. 32 64% 3.7 19% 6% 25-22 This utility has multiple transmission pipelines, well fields, or connections to its wholesale suppliers, to assure there will be an adequate 38 76% 4.0 32% 32% supply of water even during emergencies. 25-23 This utility effectively communicates the reasons why watershed protection is important to a safe and adequate water supply. 30 60% 3.3 13% 27% 23% 26-1 Management and the workforce at this utility are constantly striving to improve treatment operations and maintenance. 22 44% 3.6 18% 36% 5% 26-2 Plant operators at this utility have been trained to perform basic maintenance activities such as cleaning, lubrications, adjustments, and 23 46% 3.9 22% 35% minor repairs. 26-3 Plant operators at this utility have been trained to perform basic maintenance activities such as cleaning, lubrications, adjustments, and 21 42% 4.1 33% 19% minor repairs. 26-4 The operations of the treatment plant and key unit treatment processes are continuously monitored and controlled with state-of-the-art 26 52% 4.0 27% 15% 4% control systems. 26-5 This utility has a formal process to periodically review and upgrade its process control systems. 14 28% 3.4 21%1 21 % ~ 14% Percentage Response by Individual Statement ` = y L N U 0 O R D Q. a d CL Q Q 0 Co (Note: the highest response for each statement is highlighted in red. If there are equal d 0 ° rn u o ) responses, all responses for that statement are highlighted.) o N o a' LO Yorba Linda 26-6 This utility has a formal operator training program that helps employees to become certified and to acquire and maintain appropriate 26 52% 3.3 15% 27% 15% 8% skills and knowledge. 26-7 This utility's treatment processes have the appropriate level of equipment redundancy to ensure reliable operation at all times. 18 36% 3.6 17% 33% 6% 6% 26-8 This utility has an effective asset management program, including technology (CMMS/EAMS) for preventive and predictive maintenance 16 32% 2.5 6% 19% 31% 6% of its critical assets. 26-9 This utility has a predictive maintenance program for all major rotating equipment (pumps and drives, motors, generators, compressors) 17 34% 2.9 18% 12% 12% 24% that utilizes techniques such as temperature, vibration and lube oil analysis. 26-10 This utility conducts failure analysis to identify and correct deficiencies that cause problems. 17 34% 2.9 18% 18% 12% 24% 26-11 This utility has a formal program for accurately monitoring the volume and quality it treats or conveys to assure all data is reliable and 19 38% 3.7 21% 26% 5% 5% timely for regulatory purposes. 26-12 This utility performs additional monitoring beyond regulatory requirements as appropriate for local circumstances. 15 30% 3.7 27% 20% 13% 7% 26-13 This utility routinely improves its treatment performance and/or monitoring programs by tracking emerging issues and technologies. 13 26% 3.5 15% 31 % 15% 26-14 This utility has a formal quality assurance/quality control plan for its analytical laboratory facilities or contract lab services. 11 22% 4.0 180110 180 26-15 To ensure reliable treatment, this utility always has a certified operator available who can monitor and control the plant(s). 22 44% 4.0 9% 9% 26-16 This utility allows an operator to work alone only when personnel safety systems are in place to ensure that the operator's personal 20 40% 3.8 15% 40% safety is not compromised. 26-17 This utility continuously monitors the quality of all of its sources/influent. 21 42% 3.9 24% 10% 26-18 This utility has adopted formal water quality performance goals (such as the Partnership for Safe Water) to ensure meeting customer 15 30% 3.8 20% 27% 7% needs and expectations. 26-19 This utility's Consumer Confidence Reports consistently indicates that it meets drinking water standards. 24 48% 4.4 25% 17% Operations Water Distribution 27-1 This utility continuously monitors and controls distribution system reservoirs, pressures, flows, etc., using state-of-the-art automated 44 88% 4.5 20% 11% 2% process control (supervisory control and data acquisition [SCADA]). 27-2 This utility has a formal preventive maintenance program for flushing, cleaning, and inspecting and exercising water mains, valves, and 43 86% 4.4 30% 14% hydrants. 27-3 This utility employs strategies to minimize or eliminate leaks in the distribution system. 42 84% 3.8 29% 31% 5% 2% 27-4 This utility maintains up-to-date digitized information on its system, such as "as built" drawings and showing age, materials of 44 88% 3.2 20% 23% 23% 9% construction, maintenance/repair records, and the condition of all components and provides that data electronically (via GIS a 27-5 Regularly scheduled inspections and preventive maintenance are conducted on distribution system pumps, valves, hydrants, pipes, and 39 78% 4.0 31% . 18% 5% power systems at the proper frequencies. 27-6 This utility has formal water main rehabilitation/replacement program for maintaining the reliability of its distribution system 36 72% 3.7 28% 25% 14% infrastructure. 27-7 This utility has completed hydraulic/water quality modeling of its distribution system for optimizing its operation. 31 62% 3.8 26% 6% 3% 27-8 This utility conducts periodic systematic flushing of the distribution system and coordinates these efforts through public information 38 76% 3.6 26% 26% 13% 5% programs. 27-9 This utility has an active energy conservation program to minimize costs of pumping and distribution of water throughout the system. 32 64% 3.8 31% 22% 13% 27-10 This utility has a long-term capital and financial planning program to ensure adequate funding for water main rehabilitation and 35 70% 3.5 23% 26% 17% replacement. 27-11 Where appropriate, this utility uses trenchless technology for replacing water mains. 29 580% 2.8 17% 14% 24% 17% Percentage Response by Individual Statement ` = y L N U 0 O R D Q. d CL Q Q 0 CO (Note: the highest response for each statement is highlighted in red. If there are equal d a 0 ° >1 u o ) responses, all responses for that statement are highlighted.) N o a' Yorba Linda 27-12 This utility coordinates its water main replacement program with transportation departments and other utilities. 31 62% 3.7 19% 26% 6% 3% Water Quality Management 447 64% 3.9 36% 27% 28% 5% 4% 28-1 This utility actively participates in water quality optimization programs such as the Partnership for Safe Water. 15 30% 3.5 27% 20% all 7% 7% 28-2 Drinking water supplied by this utility has not been suspected or implicated in connection with any public illness. 34 68% 4.3 21% 18% 3% 28-3 This utility has a formal water quality monitoring program that covers the entire distribution system. 37 74% 4.4 22% 22% 28-4 This utility samples for disinfectant residuals to help ensure the safety of water delivered to customers. 40 80% 4.4 20% 23% 28-5 This utility carefully tracks all customer inquiries/complaints on taste, odor, safety, and other water quality problems. 38 76% 4.2 34% 18% 3% 28-6 This utility responds to all customer water quality inquiries/complaints, addresses the problems, and reports back to the customer. 39 78% 4.3 3606 18% 28-7 This utility periodically conducts surveys to measure customer satisfaction regarding water quality. 28 56% 3.4 11 % 32% 14% 4% 28-8 Employees utilize a formal education/training program to ensure that employees engaged in water quality regulatory compliance have 35 70% 3.7 237 29% 3% the knowledge and skills to perform theirjobs. 28-9 This utility takes measures to address reduction in taste, odor, and other similar problems. 34 68% 3.9 29% 32% 28-10 This utility effectively controls, via ordinances, cross-connections and potential backflow. 36 72% 4.0 25% 25% 8% 28-11 This utility has an effective customer outreach and education program on water quality, safety, and aesthetics. 29 58% 3.4 21% 28% 10% 10% 28-12 This utility has an effective process to allow for customer involvement in deciding on expenditures to improve water quality. 25 50% 2.8 12% ' , 20% 20% 28-13 Utility staff is actively involved with recognized local and state associations. 29 58% 2.9 14% 17% 14% 21% 28-14 This utility implements a cross-connection control program that follows industry standards. 28 56% 3.8 36% 1806 406 4% Self-Assessment Survey Analysis of Average Scores Yorba Linda Water District Grouping By Position By Tenure By Department Non- 1 Year or 5 Years or Admistratio Engineerin Categories Questions Overall Supervisor Supervisor Variation Less 1-5 Years More Variation n Finance IT Operations Variation 1. Organizational Development 3.3 0.7 a) Leadership & Organization 23 3.5 3.5 3.6 0.1 4.1 3.6 3.3 0.8 3.9 4.0 3.2 3.8 3.3 0.8 b) Continuous Improvement 14 2.7 2.7 2.7 0.0 3.2 2.7 2.4 0.8 3.1 2.9 2.4 3.1 2.5 0.7 c) Human Resources Management 27 3.0 3.1 3.0 0.1 3.5 3.0 2.8 0.7 3.5 3.0 2.8 3.3 2.9 0.7 d) Health & Safety Management 13 3.9 4.0 3.9 0.1 4.3 3.9 3.8 0.5 4.3 4.1 3.9 4.3 3.7 0.6 e) Emergency Planning & Response 17 3.5 3.4 3.5 0.1 3.6 3.5 3.4 0.2 3.4 3.8 3.1 3.9 3.4 0.8 I) Knowledge & Asset Management 16 3.2 3.3 3.1 0.2 3.6 3.1 3.0 0.6 3.6 3.2 3.1 3.1 3.1 0.5 2. Business Planning & Management 3.2 0.9 a) Capital Improvement Program 9 3.7 3.7 3.7 0.0 3.9 3.7 3.5 0.4 4.3 3.7 3.2 4.1 3.7 1.1 b) Strategic Planning 14 2.9 2.9 2.9 0.0 3.5 2.9 2.5 1.0 2.8 3.1 2.7 2.9 2.9 0.4 c) Finance & Fiscal Management 14 3.5 3.7 3.3 0.4 3.9 3.3 3.2 0.7 3.9 3.6 3.3 4.0 3.2 0.8 d) Plant & Real Property Management e) Engineering 9 3.6 4.0 3.2 0.8 4.7 3.2 3.2 1.5 3.8 4.2 3.8 4.2 3.0 1.2 I) Purchasing 7 3.2 3.5 3.0 0.5 4.2 3.0 3.0 1.2 2.8 3.6 3.4 3.8 3.0 1.0 g) Information Management 30 3.0 3.0 3.0 0.0 3.7 3.0 2.6 1.1 3.5 3.2 2.8 3.7 2.7 1.0 h) Energy Management 13 3.1 3.2 3.1 0.1 4.1 3.1 2.9 1.2 3.2 3.4 3.0 3.7 2.9 0.8 3. Customer Relations 3.6 0.7 a) Customer Service 11 3.7 3.6 3.9 0.3 3.5 3.9 3.7 0.4 3.5 4.0 3.5 4.0 3.8 0.5 b) Customer Strategy & Loyalty 18 3.2 3.2 3.3 0.1 3.5 3.3 3.1 0.4 3.2 3.4 2.5 3.9 3.3 1.4 c) Customer Accounts Management 13 3.9 3.5 3.4 0.1 3.9 3.4 3.0 0.9 3.4 3.8 3.4 3.7 3.2 0.6 d) Government, Business & Community Relations 20 3.4 3.9 4.0 0.1 4.4 4.0 3.9 0.5 3.9 3.9 4.0 4.2 3.8 0.4 4. Wastewater Operations 3.9 0.6 a) Watershed Management b) Wastewater Collection System Operations & Maintenance 15 3.9 3.9 3.9 0.0 3.9 3.9 3.9 0.0 3.6 3.8 4.2 4.1 3.8 0.6 c) Wastewater Treatment Operations & Maintenance d) Industrial Pretreatment Program e) Biosolids Management I) Wastewater Permitting/ Air & Water Quality 5. Water Operations 3.8 0.8 a) Water Resource Management 23 3.6 3.6 3.5 0.1 4.0 3.5 3.4 0.6 4.0 3.8 3.4 4.0 3.3 0.7 b) Water Treatment Operations & Maintenance 19 3.7 3.5 3.8 0.3 4.1 3.8 3.6 0.5 3.6 3.9 4.6 3.6 3.4 1.2 c) Water Distribution Operations & Maintenance 12 3.8 3.7 3.8 0.1 3.9 3.8 3.7 0.2 3.6 3.8 3.8 4.1 3.7 0.5 d) Water Quality Management 14 3.9 3.9 3.8 0.1 4.2 3.8 3.6 0.6 4.1 4.2 4.0 4.1 3.6 0.6 TOTALS 351 AVERAGE 3.5 3.5 3.4 0.1 3.9 3.4 3.3 0.6 3.6 3.7 3.4 3.8 3.3 0.5 Total Respondents 50 Analysis Cut-off Points: Variation 1.5 Individual Category Averages 2.9 Self-Assessment Survey Report prepared for: Yorba Linda SECTION 11 General Comments Yorba Linda Self-Assessment Report Page 122 of 124 i QualServe Self-Assessment General Comments Organizationally, I think this utility can use an efficiency audit throughout its departments. Like any organization, there are areas of which process and procedures can be improved. Ideally, department heads should sit together to identify areas that which they know now and from past experiences should improve and take immediate steps to act on them. The roles and responsibilities of individuals in deparments could be better defined and communicated. As a result, certain tasks seem to be crossed when it comes to having a clear distinction of responsiblity. Besides needing a clearer line of responsiblity and a deeper look at the level of performance efficiency, the District as a whole, has a strong committment to quality and service. Overall, this organization has in its asset very talented and highly dedicated individuals, nonetheless, departments need to work together more efficiently and lines of responsibilities need to be more clearly defined. Communication is an area that can always be improved. Supervisors should always ensure that their directions are understood. Overall, YLW D does a good job at what they do. THE PLANT AND PROPERTY MANAGEMENT SECTION SHOULD NOT HAVE BEEN DELETED. IT IS A KEY PART OF AN OVERALL ORGANIZATION PORTFOLIO AS WELL AS MAINTAING A CURRENT INVENTORY OF ALL EASEMENTS. WE DON'T DO A GOOD JOB OF MAINTAINING THOSE EASEMENTS AND EVENTUALLY ARE SPENDING MORE TIME IN RESEARCHING AND POSSIBILY HAVE TO PAY FOR IMPROVEMENTS? There is hope that projects underway like CMMS will fix a number of the negative responses. Clearly I need to understand more of what goes on in Operations and Maintenance. GIS system is incomplete. It seems that more could be done to expedite the completion and implimentation of the system. CMMS is not used/non-existing. This place is a hot mess, but has so much potential for improvement under better management and more effective communication between departments. In my opinion Yorba Linda Water District is a great place to work. There are only a few things I feel need some work. I believe we need more communication between departments we need to interact more frequently and be informed of projects and goals that certain departments are working on. This would help a lot when were speaking with customers we would all be better informed. Overall, I feel the District lacks a true directions. This could be accomplished by policies from the GM that indicate that all departments actively coordinate through effective communication means and training how they each support each other. Currently the Districts operates as mini fiefdoms which each manager only caring about their little area. To better support District activates we each should recognize that we are each other customers and work more closely together ensuring that it is not just manager making decisions, but valuable input comes from all levels of staff. The IT department should recognize it is not a deciding group, but a support group whose primary role is to assist the district and its various department in providing high quality yet affordable products that the staff that will use them can actually work with them. There area lot of people here that have been working here way too long and no longer care about their job. They do the minimum to get by and nobody says anything to them to do better even though everyone working with them knows they just are here to collect a paycheck. At other places they would be fired for having a bad attitude, even though they do thier work (barely). Not sure why supervisors don't fire people here. Just because youve been here a long time and know how the district works dont mean that you dont have to work as hard as everyone else or that your way is the only way. Also sometimes management has come to talk to us about the us vs them thing but sometimes it seems like thier not real sincere or serious or whatever. Like they talk down to us. Also every time i come into the office to see hr people are talking about their home lives and what they did on the weekends. mostly hr and that new pr guy. Also there are a couple people that dont do anything all day but tell others what to do or how to do theer job. theres a rumor that a person in operations who is not a supervisor may be next for Lee's job. if so me and a bunch of other guys will quit. Gis is hard to use , plat sheets are also hard to use scada control system is hard to use and updates are far behiend , scada reports are hard to read some data not correct, need better benifeits retierment and salary we are not keeping pace with other local districts, equipment is well taken care of, district supports spending money on replacment of equipment when needed, new building is way to cold thermostats should not be able to go to 68 and 74 is not warm enough. need better way to communicate between upper managment and employees 1.70 The districts _mission statement is very clear. Why are we spending so much public money on projects, technologies that don't seem to align with the mission statement? (Tracking devices, camera systems, solar panels, elaborate SCADA systems, flat screen TV, expensive cell phones and more). What is the cost benefit for these expenditures. These may all be very good projects, please communicate how our customers are going to benefit from them and at what cost for the benefit. HR : The district has several employee who seem to get involved into areas that they are not responsible for. If we had better defined job descriptions and keep employee working in their roles, this would create a lot less tension throughout the district. When someone without the proper training and knowledge starts making decisions and directing others outside of their area of expertise it can only turn out bad. There is a lot of things about this District that I feel I should be informed about. The comunication problem at this utility is not good. There is an us against them attitude here that I have never experienced at any other place I,v been emloyed and it is getting worse. Thanks Yorba Linda Self-Assessment Report Page 123 of 124 One of the major problems we have here are the board of directors needs to get with the times and raise the rates in water and sewer.lt seams like they just want to keep getting relected like they are,but running us in the ground.Lets keep rates low,get relected, and take it out of the employes who break there backs for this water district.This district is no where near the other citys and water districts in salaries and benefits,Thats one reason why we have lost so many good employes in the past five years, operations managers and supervisors have alots of favoritism when it comes to promoting employees, I wish that can change. Yorba Linda Self-Assessment Report Page 124 of 124 ITEM NO. 3.2 AGENDA REPORT Meeting Date: September 21, 2010 Subject: General Counsel's Monthly Summary Billing Report August 2010 ATTACHMENTS: Name: Dosciiption: a ype: McCormick Summary Billing August 2010.xlsx MKB Summary August 2010 Backup Material YORBA LINDA WATER DISTRICT CURRENT FISCAL YEAR 2010-2011 MONTHLY SUMMARY BILLING CHART BILLING MONTH: August 2010 Matter Matter Date Task Order Current Billing Total Billed to Date Total Billed 2009-2010 Name Number Opened Amount August 24, 2010 Current Fiscal Year Prior Fiscal Year CONSTRUCTION CONTRACTS 002 7/31/2007 N/A $360.00 $2,127.50 $34.810.81 OCWD ANNEXATION 040 1/13/1994 N/A $0.00 $547.50 $7,177.31 FREEWAY COMPLEX FIRE LITIGATION 068 8/25/2003 $1,549.27 $11,925.21 $83,767.98 NON-CONSTRUCTION AGREEMENTS 084 4/5/2005 $11,000.00 $670.00 $1,170.00 $22,735.40 WATER RATES/WATER CONSERVATION 087 7/31/2006 $10,000.00 $1,447.50 $1,447.50 $15,159.35 2010 DEVELOPMENT PROPOSALS 094 1/19/2010 $0.00 $0.00 $6,500.00 CIELO VISTA 095 2/3/2010 $0.00 $0.00 $2,787.12 CITY SEWER SYSTEM 100 7/28/2010 $20,000.00 $12,249.50 $12,249.50 $0.00 SUBTOTAL $16,276.27 $29,467.21 $172,937.97 Other Allocated Expenses Not Pertaining to Current Year Open Projects 2010-2011 $0.00 $0.00 $15,655.18 TOTAL $16,276.27 $29,467.21 $188,593.15 McCormick, Kidman & Behrens Summary of Monthly and FYTD Charges Month of Aug-2010 Expensed 17,716.27 Job charges 560.00 Total Month $18,276.27 YTD through Aug-2010 Expensed 32,907.21 Job charges 560.00 Total FYTD $33,467.21