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2011-07-28 - Board of Directors Meeting Agenda Packet
Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, July 28, 2011, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Michael J. Beverage, President Phil Hawkins, Vice President Ric Collett Robert R. Kiley Gary T. Melton 4. ADDITIONS/DELETIONS TO THE AGENDA 5. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 6. SPECIAL RECOGNITION 6.1. Recognize John DeCriscio, Chief Plant Operator, for Completion of the ACWA/JPIA Supervisor Basics Certification Program 7. COMMITTEE REPORTS 7.1. Citizens Advisory Committee (Beverage) Minutes of meeting held July 25, 2011 at 8:30 a.m. (To be provided at the meeting.) Meeting scheduled August 22, 2011 at 8:30 a.m. 8. PRESENTATIONS 8.1. SARI Relocation Project and Yorba Linda Spur 9. CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. 9.1. Conference with Labor Negotiators Pursuant to Section 54956.7 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association 9.2. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 10. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 10.1. Minutes of the Board of Directors Regular Meeting Held July 14, 2011 Recommendation: That the Board of Directors approve the minutes as presented. 10.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $840,929.32. 10.3. Progress Payment No. 6 for Construction of the Highland Booster Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 6 in the net amount of $81,067.50 to Pacific Hydrotech Corporation for construction of the Highland Booster Pump Station Project, Job No. 200814. 10.4. Final Progress Payment No. 4 and NOC for Construction of the Emergency Pumpout Facilities and Anaheim Interconnection Project Recommendation: That the Board of Directors approve Final Progress Payment No. 4 in the net amount of $3,960.00 to GCI Construction Inc.; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation if no liens have been filed, release the Labor and Material Bond, and release the Faithful Performance Bond in one year if no defects have been found for the Emergency Pumpout Facilities and Anaheim Interconnection Project, Job No's 200903 & 200906. 11. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 11.1. MWDOC Turf Removal Rebate Program Recommendation: That the Board of Directors consider execution of an Agreement for Participation in Municipal Water District of Orange County's Turf Removal Program, and matching funds up to $15,000. 11.2. Initiating LAFCO Proceedings for Locke Ranch Annexation Recommendation: That the Board of Directors approve Resolution No. 11-16, initiating proceedings for annexation of approximately 441 acres to the Yorba Linda Water District, and find that the environmental impacts of the existing residential and commercial development have been adequately addressed. 11.3. Sewer Maintenance Charges Collected on the Fiscal Year 2011/12 Tax Roll Recommendation: That the Board of Directors approve Resolution No. 11-17 adopting the sewer maintenance charge for sewers transferred from the City of Yorba Linda and approve Resolution No. 11-18 to elect to have certain sewer maintenance charges collected on the Fiscal Year 2011112 Tax Roll. 12. REPORTS, INFORMATION ITEMS, AND COMMENTS 12.1. President's Report 12.2. Directors' Reports • Elk Mountain Practice Field Community Outreach Meeting - July 21, 2011 (Beverage/Hawkins) • MWDOC Water Policy Forum & Dinner - July 21, 2011 (Kiley/Melton) 12.3. General Manager's Report 12.4. General Counsel's Report 12.5. Future Agenda Items and Staff Tasks 13. COMMITTEE REPORTS CONTINUED 13.1. Executive-Administrative-Organizational Committee (Beverage/Hawkins) Minutes of meeting held July 19, 2011 at 4:00 p.m. Meeting scheduled August 15, 2011 at 12:00 p.m. 13.2. Finance-Accounting Committee (Collett/Kiley) • Meeting scheduled August 8, 2011 at 4:00 p.m. 13.3. Personnel-Risk Management Committee (Kiley/Beverage) • Meeting scheduled August 9, 2011 at 4:00 p.m. 13.4. Planning-Engineering-Operations Committee (Melton/Collett) • Meeting scheduled August 2, 2011 at 4:00 p.m. 13.5. Public Affairs-Communications-Technology Committee (Hawkins/Melton) • Meeting scheduled August 1, 2011 at 12:00 p.m. 13.6. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Hawkins) Minutes of meeting held July 26, 2011 at 4:00 p.m. (To be provided at the meeting.) Meeting scheduled September 27, 2011 at 4:00 p.m. 14. INTERGOVERNMENTAL MEETINGS 14.1. YL City Council - July 19, 2011 (Melton) 14.2. MWDOC Board - July 20, 2011 (Melton/Staff) 14.3. OCWD Board - July 20, 2011 (Kiley/Staff) 14.4. YL Planning Commission - July 27, 2011 (Collett) 15. BOARD OF DIRECTORS ACTIVITY CALENDAR 15.1. Meetings from July 29, 2011 - August 31, 2011 16. CLOSED SESSION CONTINUED 16.1. Conference with Legal Counsel - Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Itani, et al vs. YLWD (OC Superior Court - Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (OC Superior Court - Case No. 00125994) Name of Case: State Farm General Insurance Company vs. YLWD (OC Superior Court - Case No. 00311353) Name of Case: Weiss vs. YLWD (OC Superior Court - Case No. 00319080) Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case No. 00320239) Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior Court - Case No. 00327152) Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case No. 00332968) Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) Name of Case: Buc vs. YLWD (OC Superior Court - Case No. 00409755) Name of Case: Interinsurance Exchange of the Automobile Club vs. YLWD (OC Superior Court - Case No. 00425404) 17. ADJOURNMENT 17.1. A Board of Directors workshop meeting is scheduled for August 4, 2011 at 6:30 p.m. to discuss the Elk Mountain Reservoir Practice Field Project. The next regular meeting of the Board of Directors will be held August 11, 2011 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 7.1 AGENDA REPORT Meeting Date: July 28, 2011 Subject: Citizens Advisory Committee (Beverage) • Minutes of meeting held July 25, 2011 at 8:30 a.m. (To be provided at the meeting.) • Meeting scheduled August 22, 2011 at 8:30 a.m. ATTACHMENTS: Name: Description: Type: 072511 - CAC Minutes.doc CAC Mtg Minutes 07/25/11 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING July 25, 2011 1. CALL TO ORDER A meeting of the Citizens Advisory Committee was called to order at 8:40 a.m. by Chair Carl Boznanski. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870. COMMITTEE MEMBERS PRESENT Carl Boznanski, Chair Joe Holdren Greg Myers Cheryl Spencer- Borden Oscar Bugarini Sr. Modesto Llanos Fred Hebein YLWD DIRECTORS PRESENT YLWD STAFF PRESENT Michael Beverage, Director Damon Micalizzi, PI Officer Derek Nguyen, Water Quality Engineer VISITORS PRESENT Tim Brooks 2. PUBLIC COMMENTS None. 3. PRESENTATIONS 3.1. Hard Water Causes and Effects Mr. Nguyen gave a Power Point Presentation about hard water. He outlined the mineral composition of the District's water supply and how ground water differs from import water. The Committee asked several questions about the effects of hard water and how to best minimize its effects. A copy of Mr. Nguyen's presentation will be e-mailed to the Committee. 4. ACTION CALENDAR 4.1. Schedule for Reorganization of Committee Officers Action for this item was postponed until the Committee's meeting in August. 4.2. Frequency of Meetings Mr. Boznanski suggested both items on the Action Calendar be continued until the next meeting due to the fact that five members of the Committee were not in attendance and that neither item was time sensitive. 1 5. DISCUSSION ITEMS 5.1. Elk Mountain Reservoir Practice Field Project Update Mr. Micalizzi updated the Committee on the happenings at the July 21, 2011 neighborhood meeting held at the Elk Mountain Reservoir site. He reported that roughly 49 people attended the informal gathering in addition to District Staff. Of those 49 people in attendance, the vast majority were opposed to the proposed project. Mr. Brooks, speaking on behalf of those neighbors opposed to the project, then sited some of the questions, concerns and reasons for the opposition. Mr. Brooks asked the Committee to take into consideration those points and opinions of those who will be most affected by such a project with any future recommendations the CAC might make to the YLWD Board. The Committee thanked Mr. Brooks for his input and agreed to make note of those sentiments in future deliberations. In addition, Mr. Brooks was invited to attend future CAC and Board meetings where this project would be discussed. Mr. Micalizzi and Director Beverage elaborated on some of the events of the July 21, 2011 meeting and clarified some of the information and questions posed by Mr. Brooks. A Special Board Workshop Meeting is scheduled for August 4, 2011 at 6:30 p.m. to discuss the Proposed Elk Mountain Practice Field Project. 5.2. Citizens Advisory Committee Member to Present Meeting Minutes at Next Board of Directors Meeting on August 11, 2011 Mr. Boznanski noted that due to an unexpected conflict and a sub- sequential communication mix up, the Committee did not have a representative appear to present the CAC meeting minutes at the July 14m 2011 Board Meeting. In keeping with the Committee's previously agreed upon plan to have committee members rotate this responsibility, Mr. Bugarini was informed he would be next in line alphabetically. Mr. Bugarini declined saying that he was unavailable to attend the August 11, 2011 Board meeting, and stated that he thought the Chair and Vice Chair should continue to assume that responsibility. Mr. Holdren also stated that he would not wish to present to the Board either. After some discussion, the Committee decided to revert to the previous procedure for having the Chairman and Vice Chair be responsible for presenting Committee minutes at Board meetings. However, if Committee members want to participate in this presentation, the Chairman could so appoint them on an individual basis monthly. Mr. Boznanski then volunteered to present the CAC's meeting minutes at the next Board of Directors meeting, which will be Thursday, July 28, 2011 not August 11, 2011 as noted in the agenda. 2 5.3. Future Agenda Items ■ AWWA QualServe Employee Survey Results and Executive Summary ■ Rate Structure and Financial Planning ■ FY 2011/12 Budget ■ Elk Mountain Update ■ YLWD Strategic Plan 6. ADJOURNMENT 6.1. The Committee adjourned at 10:15 a.m. The next regular meeting of the Citizens Advisory Committee will be held August 22, 2011 at 8:30 a.m. 3 ITEM NO. 8.1 AGENDA REPORT Meeting Date: July 28, 2011 To: Board of Directors From: Ken Vecchiarelli, General Manager Prepared By: Steve Conklin, Engineering Manager Subject: SARI Relocation Project and Yorba Linda Spur SUMMARY: The Orange County Flood Control District (OCFCD) and the Orange County Sanitation District (OCSD) have jointly awarded construction contracts for the Santa Ana River Interceptor (SARI) Mainline sewer relocation and for the associated Yorba Linda Spur sewer line. Upon completion of construction, the Yorba Linda Spur sewer line in La Palma Avenue will be transferred to Yorba Linda Water District to own and maintain as part of the Sewer Transfer Agreement with the City of Yorba Linda. YLWD staff reviewed the design plans for the Yorba Linda Spur, and are prepared to operate and maintain the 4,650 feet of 15-inch sewer. Mr. Lance Natsuhara, Program Manager, Orange County Flood Control District, will be making an informational presentation on the planned projects. DISCUSSION: The existing SARI Line is a 23-mile-long wastewater pipeline that extends from the Orange/San Bernardino county boundary just southwest of Prado Dam down to the OCSD sewage treatment plant in Fountain Valley. The SARI Line serves the sewage disposal needs of Yorba Linda, east Anaheim, Orange, and portions of Garden Grove, Santa Ana and Fountain Valley. It also serves segments of Riverside and San Bernardino counties by conveying raw sewage and brine to OCSD's treatment plant. Several segments of the SARI Line lie under the Santa Ana River within Santa Ana Canyon between the Orange/San Bernardino county boundary and Weir Canyon Road. Constructed in the mid-1970's, the SARI Line was originally buried about 20 feet below the river bed. Over time, the amount of soil covering the SARI Line has eroded, leaving the pipeline with minimal cover in some locations. This condition puts nearly four miles of the SARI Line in jeopardy of failure during heavy rainstorms when high volumes of storm flow are released from Prado Dam. Currently, the Corps of Engineers limits the storm-discharge flow from Prado to minimize the threat. To insure the long-term integrity of the pipeline, protect public health, and safeguard the environment, the OCFCD, in cooperation with the OCSD and the Santa Ana Watershed Project Authority (SAWPA), implemented the SARI Relocation Project. This project will relocate and replace the SARI Mainline with a new 54-inch-diameter pipeline on the south side of the river just north of and adjacent to the Riverside (91) Freeway. In addition, a new 15-inch-diameter gravity sewer, called the Yorba Linda Spur, will be constructed under La Palma Avenue and the Santa Ana River Trail to serve the sewage disposal needs of portions of Yorba Linda. The Yorba Linda Spur will cross the river by way of an inverted siphon and connect to the existing SARI Line behind SAVI Ranch. When the project was initiated, an agreement was executed between OCFCD, OCSD and the City of Yorba Linda, whereby the City would assume ownership, and would operate and maintain the Yorba Linda Spur upon completion of construction. During the design phase, City staff reviewed the plans and solicited review comments from YLWD. All of YLWD's review comments were combined with the City's comments for incorporation into the final plans. As such, YLWD staff was familiar with the Spur project, and prepared to accept it as an element of the Sewer Transfer Agreement between the City and YLWD. ATTACHMENTS: Narne: Description: Type: Yorba Linda Spur YLWB July 28 2011.pdf PowerPoint Presentation Backup Material YORBA LINDA SPUR • Linda Water District July 28, 2011 s DAM ~ ~ i`vc S' R9 t, PRAQO IL R4GAE COwfTY4,INE vrn naxas Rs c~ y i # ° o, y WHJTTIEP 's4n yokuA tINpA FAIILT2QWE + s S 4 FNIS74NG. 18" YOR6A LIWpA yy~ltLs~ •a .,.,r .g J. Cw f NAIM 117 LN P R a aF - t ` cas• 4 id~'i~~1 Aw G. SICA ,vv ► RI VER BEND D ,guZER~. h T - AA.AGOHWAV a °yicw°`rV i _ y i Presenter: Lance Natsuhara Manager, G ' .~i ,sT i ~..■.c , ~ mF j ~e^ ~ ! ~ ter- L ~ ~l~ ~ A r..u4.y~,.'^i.~y, `V M!"►'~"~s~ o- ~ ' DAM lowN vf, PROPOSED YORBA LINDA 3'.. y ~ R `".•~,x r: 8 -r .r _ ~ ~ k'y t, i~ ~ n., y ~aj, - SPUR ~s 1•~L ~"V t. 5 k 'tw -'"t` 4 x1 j f ti•~ ^y y..-n,.".e... EXISTING SARI . - _ a :;jj"` a Yl LINE LOCATION T lr " d'~°"`n Fey r PROPOSED SARI LINE 4 r / RELOCATION ' ~.j 4'dk rya i ' ;r• - ;w \ PRO POSED METERING STATION 6e ei7 Y y LEGEND ■ ■ SARI Line Relocation - ~ USAGE SARI Line © Metering Station ~ Relocation Existing SARI Line • D Yorba Linda Spur 30,000 cfs release . • . from Prado Dam _y ~'~i i II I I II I I II II I I I I I I I I I I II I I I I I I I I I I 116 ❑ SARI Line was constructed in the 1970s 4 ❑ Originally buried approximately 20 feet below the river bed ❑ Virtually exposed in some locations r ❑ Orange County Sanitation District is the P owner of the SARI Line in Orange County ❑ Santa Ana Watershed Project Authority shares O&M cost with Orange County Sanitation District 197 1~ k w R~ n ~F dea Jf.~ J l"~ ,~3 £a~~,.1~`~ ~~"1~ Vera ►~J, ~Jy~'~ ~~•c".1FC~~.:' ~ ~ ti 41 .t lt~~4 Op 111 y ~4 1z i 4' 1 N vFJ ~ 1 , d~ 1 a s ~ 55 IN~ Santa Ana Rlrea - - v • • • jo, 1+ +r r'~Mtii w'~rii7,~iogai~ '„;'-_•`~yy~ w-.r • . • • • 1 ` ~y~ 11 ~ l 2000: OCSD adopts EIR for SARI Line Realignment to North F - 2000: OCSD halts design of SARI Line due ~~lFOR~,r to opposition from Yorba Linda residents r.,t 2009: EIR is certified by OCFCD selecting the South Alignment f 2010: Agreement D10-014 among OCFCD, OCSD City of Yorba Linda approved for the Yorba Linda Spur Project (December 14, 2010 2011: City of Yorba Linda approves Plans and Special Provisions for the Yorba Linda Spur Project t- f 2011: Construction contract for Yorba Linda Spur Project is awarded to Los Angeles Engineering 1 w l rot V r r , r s d. 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Y •1Y +~I -f }3 5F , gel t % Pon ° •:r+•i~ .sr - _ yam' ~C V r., , :~1 ,rnv Ra' - r- I _a ;y a woe `~7 F4 -a std ..,wt V ~r 4 im ~ k~. -m~ r, 7 it f ° ~~'Sf vl~ r~ ~'I Y}, WE- /'f - _ S-'-[ y ~g ITV,. ,t~, j' ;fy p~ y ' _ { Ole - t ~'I1 may` T * y~~ -'fir q r - v ~T x r a~ .z ` s ~.t V 56+ J ti i t-4•M1 _ rti Xis-_ 6 _ i " ~,~•r - Nle ° ~ :47` t r L~y4n Y`~ • r Mi',, >r .P r s~ r fy, T~ n - f •t;w~' ip ~,,,r . .:'R ' '^`~i" ~y ,wA... N r ~^A T ~t ~ - - las.t~ S - ~ , r.. Se. _ ~ "r ry %Y3r~\t 3' ✓ -¢Y }a J 4~ , J"Y _ 1 P'•' yam= ? ° _zL I f' ..t,"C~ 4.:rtk1 r.'lc :sr_1_ ~ w~ Y. `•s t ;~~'~r-_h `J--.7 ~ ~ k ~y_i V Due to current erosion problems, 4LI S' T it is essential to protect or relocate Q 'T'k Othe SARI Line to reduce the risk of pipeline failure w f{' t} .1~ ' y aA¢S. b , fN. 1b ~1~) At ST 1, ~ Y~ ~ 'x.11 • < M._ Mr, h 11-7 ^!1-.;~ + S s, $;rah- 4,_ °+~:~,~'t .b.' 7~. y} 'b'r rm' - - SARI Line; 1 Emergency Repair Work 2005-2008 1 1- - y ~'J.~ ' Yom. n - +o C.. a }a, ayl 'PL Ij^ MCI ~ _f•. ~ I, LiN~t Y F'd ~ ;t'g•I~ ~ '4 9 _ ~•~~y.. ~ .-~,•5 i~5 d1 • .ra.acpm+~- ~_F ~ ~ yin Y~ 6 fe r g ~ _ - ~~M p'~,• ` I ~~.•r•+ '~,.s~_+r p - tom.. - ~ y 1 n 3w _ ~ ..°-=a - - to ~~1 •L y~Y . - - -It - •-_3,ri..MJ- L ~,-g.. _ ay~~.-y1~y a'ti".~ ~ N ref _~s 1 AhP& [l _ - '~.n11M 4.':- 'T _ f - _ a i ~ ~h~ ~ ~NII~ ~ F• ! N yy ° ~ ' y T ~ i • r 9 1•q MF + _ g: -_t '`a - •A' ''air's 5-i t F♦ ~ 1L ~ 6 ; ~ ha ily~ 4 •V'pp 1 ~ N 4. ~Ty ~ a w. '?N4 ate'" -YS i • s~` 'Mad" s. N, d s,3,,'M• -a,3~ 1,46 OCSD has instituted an aggressive inspection and maintenance program of the existing SARI Line f 4~ ; y q s m r € t it log ~s~. t ~ ~ t an I I n~ al«, t `(t. d47' ,'r .r _ 1.( J ~6l,.iJ1..fJ xSb!FSf t - - PRADO DAM vf, PROPOSED rX YORBA LINDA 3'.. y R `".•~,x r:,. F 8 -r .r , k'y t, iz~--'_ n., y ~aj, - SPUR ~s - 1•~L ~"V t. ~ . 5 k 'tw -"1` 4 x A l ' ?W 10• EXISTING SARI _ ■ a j Yl LINE LOCATION ja ~yy~,}~q~~y~.~"~ ` ~ C'`." .a~► ~+1. ~M'i ~ ~ ~ ~ ~.~.,trgT; ~`>S T lr " d'~°"`n Fey r PROPOSED SARI LINE ..4 r / RELOCATION' - , ;r• - ;w \ PRO POSED METERING STATION , . + ' ~ ~ . 6e, e~ • • Y y SARI Line Relocation All, FACTS I SARI Line © Metering Station L -J ❑ 20,600 feet long Relocation _ ❑ 54-inch diameter Existing SARI Line ❑ Includes siphon & , _ tunnel at Coal Canyon 30,000 cfs release Yorba Linda Spur from Prado Dam 'Az Yorba Linda Spur .'*F +e y'_ 4 y. p 0-y r-Ali d? i`k 1 tlY ti+Lx .~;~yrgj~ Existing SARI L i ne { nPr r_ e y.' mar-Si4}s ~.y ^~at Fti.tMY - ' 4 ~m~? m_'~ its v. w..~ x 1~°1 a ayL } $a._ 4 a"~x(~ rte.,' P +a r C v 3,;; a ♦,r,*•±:„~,. sac; N 43 r° •i+t `*;PS~i^ ,.Y ern • , o y s~,5 T. 1~3 Y~. , y ,h,+, r ~r 'a ~r 18++RN0rR { i r k" 4 ~ ' ~~t 4 c ~Il4 .9~ } ODOR CONTROL iP rt'{`~~i3`„w? s;:r•, `_4f " '''rvJ '-T5 { .+F. u++~, t£~^ •1, vk' OW, ~t~rt I'~:i ~ascr Kr - - - r ° ♦ ? ~ ~ V Vii} R,f r , 7 -r r A o R Un. j! rr i*= i 1 _.F . 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In~L i - °`'t a. r,. - ~~~~~-.tt~.~r`air ~`'f~ F4`N`!~ ii 4{.'r* ; y JP~ *9!k4r a y7m'i€yE}.y ;.Y 4. r y -or Ell 4s F C`,1' • a, '~#'k ''~-L,d,~ m ~ `''f1 'l:'ry ~ wf' ~R •sl ~ ,'~e,~i . ..?~-"'r~,°'`"r... y ; . ~„~*r y ~ ~ISi~a,~~ '~'~7'I, ~ :r~ "''w .w _ - '~,S'~~'"~ ~y . ,~'7I,•¢TtY~- ~ ~ rr T *"rflr "-`~,w 2"~', A a *w "f ra Pt - q 4'- LJ 5,900 ft sewer line LJ Pipeline Polyvinyl Chloride LJ includes siphon across river LJ Siphon = High-Density Polyethylene LJ includes odor control structure LJ Award Price = $7.2 Million (funded by OCFCD, OCSD, SAWPA) Key Points Tri-Party Agreement (Agreement D10-014) OCFCD ❑ Provide project funding mow` ❑ Perform design, obtain permits & acquire right-of-way ❑ Lead Agency for CEQA ❑ Construction contract administration s, ❑ Grant no-cost easements to City HM . mot. City of Yorba Linda ❑ Review plans per City standards & criteria rF❑ Inspect project at its discretion ❑ Quitclaim all existing easements that are no longer needed for Yorba Linda Spur ❑ Assume ownership, operation and maintenance of the portion of the Yorba Linda Spur under La Palma Avenue y and the existing bikeway .77 OCSD ❑ Review plans per OCSID standards & criteria ❑ Inspect project at its discretion ❑ Quitclaim all existing easements that are no longer needed for Yorba Linda Spur ❑ Assume ownership, operation and maintenance of the T portion of the Yorba Linda Spur under the Santa Ana River floodplain (including inverted siphon) and the odor control facility adjacent to the bikeway ' ° ~t+ . ` 9 ~ 4i , ~ 5 A I • a--w _ 1'42•'~.,~' ~ 1 'ra0 p Yc y ,g:- a yy 1 " it L ! 'dC ~ ~g } Yv9 ~ ~.+ISf ~ t•q,, _ y1~ "'J' '~I ~ ~f'~ 3 _-o ■II ! ■III 1A ~ 4 11 04 WT Ls`.4 $ t y'6 3 r aa' 0 Y l {'3 0 9 vc ~,~r 9 L•~ ~ a'~~ ~ +F n~ ~ . 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M GRAVITY • Yorba Linda INVERTED SIPHON OCSD ODOR CONTROL SYSTEM OCSD SANTA TRAIL ANA RIVER County • Orange Yorba Linda Spur Overall Project Schedule ❑ Construction Contract Award : May 2011 ❑ Start Construction : July 2011 ❑ End Construction: May 2012 ❑ Community Outreach Meeting: July 2011 P 0 BEGIN YORBA LINDA END JULY 2011 SPUR MAY 2012 7 BEGIN 9<!FO'~SARI MAINLINE ' SEPT 2011 MAY 2013 Hours: . • Phone: , 647-3930 Hours: Nights & Weekends Phone: (949) 854-1443 ON lt7 4e A! _ - R'~ ~ i - . ~a~. .1_~ }q-'iv. ~ .ice ~w'.f!s. ~ ~•~i■ ~ ~ 'S~3 ate- S ` x s~~» . _ •`~-!.,4.~r.sr ~~,jy - - 11. ss`,.~-.C. ^ ~M1~ t iwL" a t. s ."~y All ANN e dc r 6 0 rks k. ! Fw { ROSkMft M .iii+; HOW M Law Emergency o i ! epar • i wo d 74~ f~ -ia Colifqgn http://www.ocflood.com/SARI_home.aspx z WEBSITE 'Al ITEM NO. 10.1 AGENDA REPORT Meeting Date: July 28, 2011 Subject: Minutes of the Board of Directors Regular Meeting Held July 14, 2011 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Narne: Description: Type: 071411 BOD - Minutes.doc BOD Mtg Minutes 07/14/11 Minutes Approved by the Board of Directors of the Yorba Linda Water District 7/28/2011 PH/RK 4-0-1 RC was absent. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING July 14, 2011 1. CALL TO ORDER The July 14, 2011 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Beverage at 8.33 a.m. The meeting was held in the Board Room at the District's Administrative Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Michael J. Beverage, President Lee Cory, Operations Manager Phil Hawkins, Vice President Steve Conklin, Engineering Manager Robert R. Kiley Gina Knight, Human Resources Mgr Gary T. Melton Stephen Parker, Finance Manager Art Vega, Interim IT Manager Damon Micalizzi, Public Info Officer > > > - Annie Alexander, Executive Secretary DIRECTORS ABSENT Ric Collett ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Nancy Rikel, Mayor, City of Yorba Linda Art Kidman, General Counsel, Kidman, Behrens & Tague Eddy Beltran, Senior Associate, Kidman, Behrens & Tague Mike Bailey, Facilities and Planning Director, PYLUSD 4. ADDITIONS/DELETIONS TO THE AGENDA President Beverage announced that if a member of the Citizens Advisory Committee arrived to provide a report on the meeting held June 27, 2011 that Item No. 10.7. would be taken at that time. 5. PUBLIC COMMENTS None. 6. CLOSED SESSION President Beverage announced that there was no longer a need for Item No. 6.1. Mrs. Knight reported that representatives from the District and the bargaining unit had met the previous afternoon. The next meeting is scheduled for July 27, 2011 at 1.30 p.m. and the following Closed Session will be rescheduled for the next regular Board meeting on July 28, 2011. 1 6.1. Conference with Labor Negotiators Pursuant to Section 54956.7 of the California Government Code Agency Designated Representatives: Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association Mayor Rikel joined the meeting at this time. 7. CONSENT CALENDAR President Beverage requested to remove Item Nos. 7.4. and 7.5. from the Consent Calendar for separate action. Director Hawkins made a motion, seconded by Director Melton, to approve the remainder of the Consent Calendar. Motion carried 4-0-1 with Director Collett being absent. 7.1. Minutes of the Board of Directors Regular Meeting Held June 23, 2011 Recommendation. That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Special Meeting Held July 6, 2011 Recommendation. That the Board of Directors approve the minutes as presented. 7.3. Payments of Bills, Refunds, and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of $1,583,398.34. ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE ACTION President Beverage explained that he had requested these items be removed from the Consent Calendar as he wanted to confirm that they had been previously reviewed by the District's legal counsel. Director Melton confirmed that legal counsel had reviewed both matters prior to them being presented to the Planning- Engineering-Operations Committee the previous week. President Beverage then requested that the statement "subject to approval as to form by General Counsel", be removed from the recommendation on Item No. 7.5. President Beverage also requested that future items be reviewed by legal counsel (as applicable) prior to being presented to a Committee or the Board of Directors for consideration. Director Beverage made a motion, seconded by Director Kiley to approve Item Nos. 7.4. and 7.5. 2 Mr. Kidman responded to questions from Director Hawkins regarding the review process of the Board of Directors' meeting agendas. Brief discussion followed. Motion carried 4-0-1 with Director Collett being absent. 7.4. Terms and Conditions for Water Service with Placentia-Yorba Linda Unified School District Recommendation. That the Board of Directors approve the Terms and Conditions for Water Service with Placentia-Yorba Linda Unified School District, Job No. 201113. 7.5. Declaration of Restrictive Covenants with John Ku Recommendation. That the Board of Directors authorize the President and Secretary to execute the Declaration of Restrictive Covenants with John Ku. 8. DISCUSSION ITEMS 8.1. Rescheduling of Board of Directors Meeting on August 11, 2011 from 8:30 a.m. to 6:30 p.m. to Accommodate Public Comments Regarding the Elk Mountain Reservoir Practice Field Project The Board discussed the need for holding an evening meeting to receive comments from the public regarding the proposed Elk Mountain Reservoir Practice Field Project. Following brief discussion, the Board decided to hold a workshop meeting on August 4, 2011 at 6:30 p.m. for this purpose. The Planning-Engineering-Operations Committee meeting will be held August 2, 2011 at 4:00 p.m. and the Board of Directors meeting on August 11, 2011 will be held at 8:30 a.m. 9. REPORTS, INFORMATION ITEMS AND COMMENTS 9.1. President's Report None. 9.2. Directors' Reports ■ OC Tax Roses, Radishes & Royalty Awards Dinner - July 7, 2011 (Kiley) Director Kiley reported on his attendance at this event. Director Hawkins stated that over 300 people were present including representatives from 3 other water districts. President Beverage reported that District employees recently participated in a potluck lunch to celebrate the 4t" of July. Thank you letters will be sent out to various staff members for their assistance with the event. 3 9.3. General Counsel's Report Mr. Kidman commented on a recent ruling in the Ni vs. Slocum case invalidating the use of digital signatures on an initiative petition. Mr. Kidman also commended the District on its GIS capabilities and the benefits this program has provided during the process of transferring the sewer system from the City of Yorba Linda. Director Barbre joined the meeting at this time. Director Barbre then addressed the Board and provided a report on the current water supply. Director Barbre also reported that MWD had released its annual water quality report after which he responded to questions from the Board regarding concerns over potential flooding. A copy of the MWD annual water quality report was provided to Mr. Conklin by Director Barbre. 9.4. Future Agenda Items and Staff Tasks 0 None. Mr. Bailey joined the meeting at this time. 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Beverage/Hawkins) Meeting scheduled July 19, 2011 at 4.00 p.m. Director Kiley asked about the status of scheduling a tour of the Brea Police Department. Mr. Micallizzi stated that he was waiting on a response from the Chief's office. President Beverage requested that a workshop meeting be scheduled to evaluate the implementation of the Great Plains software program. Scheduling will be facilitated by the Public Affairs-Communications- Technology Committee. 10.2. Finance-Accounting Committee (Collett/Kiley) Minutes of the meeting held July 11, 2011 were provided at the meeting. Directors Collett and Kiley attended. Matters discussed during the meeting included- Sewer Maintenance Charges; Status Report on Committee Specific Strategic Plan Initiatives; May 2011 Budget to Actual Results; and May 2011 Investment Report. Meeting scheduled August 8, 2011 at 4.00 p.m. 4 10.3. Personnel-Risk Management Committee (Kiley/Beverage) Minutes of the meeting held July 12, 2011 were provided at the meeting. Directors Kiley and Beverage attended. Matters discussed during the meeting included: Status Report on Committee Specific Strategic Plan Initiatives; Status of Recruitments and Budgeted Positions; and Status of Human Resources and Risk Management Activities. Meeting scheduled August 9, 2011 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Melton/Collett) Minutes of the meeting held July 7, 2011 were provided in the agenda packet. Directors Melton and Collett attended. Matters discussed during the meeting included: Declaration of Restrictive Covenants with John Ku; Initiating LAFCO Proceedings for Locke Ranch Annexation; Status Report on Capital Projects in Progress; Status Report on Committee Specific Strategic Plan Initiatives; Monthly Groundwater Production and Purchased Import Water Report; and Monthly Preventative Maintenance Program Report. Meeting scheduled August 2, 2011 at 4:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Hawkins/Melton) Minutes of the meeting held July 13, 2011 were provided at the meeting. Directors Hawkins and Melton attended. Matters discussed during the meeting included: Elk Mountain Neighborhood Meeting; Ideas for Summer Newsletter Content; Bottled Water Label Art Contest; Conservation Signs; Status of Video Recording in Board Room; Dynamics GP Consultant; Computerized Maintenance & Management System Project Status; and Status Report on Committee Specific Strategic Plan Initiatives. Meeting scheduled August 1, 2011 at 4:00 p.m. was rescheduled to 12:00 p.m. the same day. 10.6. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Hawkins) Meeting scheduled July 26, 2011 at 4:00 p.m. Director Hawkins stated that he would be unable to attend this meeting. 5 10.7. Citizens Advisory Committee (Beverage) Minutes of the meeting held June 27, 2011 were provided in the agenda packet. Director Beverage attended. Matters discussed during the meeting included: Committee Structure and Re-Organization; Mission Statement and Purpose; Tour of the District; and Elk Mountain Reservoir Field Project. Meeting scheduled July 25, 2011 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL Planning Commission -June 29, 2011 (Kiley) This meeting was cancelled. Item No. 11.7. was taken out of order. 11.7. YL Planning Commission - July 13, 2011 (Kiley) Director Kiley attended and commented on a public hearing for a conditional use permit which was held during the meeting. 11.2. ISDOC - June 30, 2011 (Hawkins/Kiley) Directors Hawkins and Kiley both attended. Director Hawkins reported that the main speaker, former State Assemblyman Todd Spitzer, provided a presentation regarding the Orange County Grand Jury's recent compensation study and proposed legislation for greater transparency in local government. 11.3. YL City Council - July 5, 2011 (Hawkins) Director Hawkins attended and reported that several public comments regarding the proposed equestrian center were made during the meeting. A public hearing regarding the assessments for the Street Lighting and Landscaping Maintenance District was also held. President Beverage stated that an invitation to form a joint agency committee had been sent to the Yorba Linda City Council. If approved, the first meeting has been tentatively scheduled for August 23, 2011. Mayor Rikel left the meeting at this time. 11.4. MWDOC/MWD Workshop - July 6, 2011 (Melton/Staff) Director Melton attended and commented on the Huntington Beach Ocean Desalination Project which was discussed during the meeting. 11.5. OCWD Board - July 6, 2011 (Staff) Mr. Conklin attended and reported that the OCWD board requested submission of proposed terms for a potential agreement with the District for the construction of a water well at Warner Basin. Staff had a meeting with OCWD on July 12, 2011 to discuss terms and conditions for drafting a lease 6 agreement. Mr. Conklin further stated that the potential consolidation of OCWD and MWDOC was also discussed at length during the meeting. 11.6. WACO - July 8, 2011 (Hawkins/Kiley/Melton) Directors Hawkins, Kiley and Melton attended. Director Hawkins reported that two presentations regarding a development plan for the Delta and flood control at the Prado Dam were provided at the meeting. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from July 15, 2011 -August 31, 2011 The Board reviewed the listed meetings and made no additional changes. 13. CONFERENCES AND SEMINARS 13.1. ACWA Regulatory Summit -August 17, 2011 Director Hawkins made a motion, seconded by Director Kiley, to authorize Director attendance at the summit. Motion carried 4-0-1 with Director Collett being absent. A brief recess was declared at 9:36 a.m. All attendees not participating in the Closed Session left the meeting at this time. The meeting reconvened at 9:41 a.m. 14. CLOSED SESSION CONTINUED The meeting was adjourned to Closed Session at 9:42 a.m. All Directors with the exception of Director Collett were present. Also present were Mrs. Knight and Messrs. Kidman and Beltran. 14.1. Conference with Legal Counsel - Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Itani, et al vs. YLWD (OC Superior Court - Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (OC Superior Court - Case No. 00125994) Name of Case: State Farm General Insurance Company vs. YLWD (OC Superior Court - Case No. 00311353) Name of Case: Weiss vs. YLWD (OC Superior Court - Case No. 00319080) Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case No. 00320239) 7 Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior Court - Case No. 00327152) Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case No. 00332968) Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) Name of Case: Buc vs. YLWD (OC Superior Court - Case No. 00409755) Name of Case: Interinsurance Exchange of the Automobile Club vs. YLWD (OC Superior Court - Case No. 00425404) Pending Settlement Agreement The Board reconvened in Open Session at 10:44 a.m. President Beverage announced that no action was taken during Closed Session that was required to be reported under the Brown Act. No Closed Session for Item No. 14.2. was held. 14.2. Public Employee Discipline/Dismissal/Release Pursuant to Section 54957 of the California Government Code 15. ADJOURNMENT 15.1. The meeting was adjourned at 10:45 a.m. The next regular meeting of the Board of Directors will be held July 28, 2011 at 8:30 a.m. Annie Alexander Executive Secretary 8 Yorba Linda Water District Check Register For Checks Dated: 7/15/2011 thru 7/28/2011 Check No. Date Vendor !Name Amount Description (510k or greater) 57073 07/28/2011 1st Enterprise Bank 9,007.50 56988 07/28/2011 ACWA/J PIA 1.350.00 W72711 07/27/2011 ACWA-HBA 95.998.99 August health premium 56989 07/28/2011 Advanced Infrastructure 187.68 56995 07/28/2011 Air Resources Board 570.00 56966 07/7812011 ALICE 3ARRON 94.89 56956 07/28/2011 ALLISON RICH 15.38 56990 07128120111 Alternative Hose Inc. 10.88 56939 07/2812011 ANGIE POYNTER 98.85 56991 07/28/2011 Anixter Inc. 491.17 56992 07/28/2011 Answer One Communications 697.37 56993 07/28/2011 Apollo Technologies Inc. 410.00 56994 07/28/2011 Applied Best Practices LLC 214.50 56996 07/28/2011 Arrow Hardware 213-86 56997 07/28/7011 AT & T Mobility 203,22 56998 07/2812011 Autoscribe Corporation 48.50 56999 07/28/2011 AWWA - CA-NV Section 296.00 W71511. 07/15/2011 Bank Of America 1,044.58 57000 07/28/2011 Battery Systems 628.91 56914 0712.812011 BERNARD C MILLER 14.25 56949 07/28/2011 BONNIF BE( TRAN 14.07 56978 07/28/2011 BRANDON ZAMPELLI 186-21 57009 07/28/2011 C. Wells Pipeline 1,861.49 57001 0712812011 California Association Public 450.00 57002 07/28/2011 Carlos Mu riIlo 100.00 57003 07/28/2011 CDW Government, Inc 1,434.42 57004 07/2812011 Chambers Group Inc. 2.951.10 57081 07/28/2011 CHRISTINE LIU 39-56 56938 07/28/2011 CHRISTINE MATSON 22-27 56929 07/28/2011 CINDY PRIDEAUX 3.51 57005 07/28/2011 City Of Anaheim 1,446.41 57066 07/28/2011 City Of Placentia 216.85 57007 07/28/2011 City Of Placentia 3,518.50 56925 0112812011 CLAUDIA ALBA 65.30 57008 07/28/2011 Clinical Lab. Of San Bern. 1.849.00 56979 07/28/2011 COLLEEN PELTIER 4207 .56950 07/28/2011 DANIEL HOLLAND 7.48 57010 07/28/2011 Uatalok Orange County 288.65 56953 0712812011 David lanacone 50.00 56919 07/2812011 DAVID L COOLIDGE 28.30 56954 07128/2011 DAVID NORLING 34.87 56961 07/28/2011 DA-YU HSU 517 57011 07/28/7011 Dell Marketing L.P. 33,298.23 Power Edge Servers 57012 07/28/20111 Delta Care USA 320.94 51013 07/28/2011 Derek Nguyen 46.00 56932 07/28/2011 DIANA ROSS 11.10 57014 07/28/2011 Dick's Lack & Safe Inc, 154.73 510115 07/2812011 Fisei Enterprises, Inc. 1,335.07 56940 07/28/2011 Empire Pipe Cleaning & Equip 788.92 57017 07/28/2011 EyeMed 1.387.08 56958 07/28/2011 FANTASric SAMS 10.78 57016 0712812011 Federal Express 139.01 56980 0712812011 FIRST NEWPORT PROPERTIES LLC 87.79 57018 07/28/2011 Fry's Electronics 208.22 57085 07/28/2011 FUN SERVICES 15.67 57019 07/28/2011 GCI Construction Inc. 14.17938 OC-51 ConnAbndn svcs, Anaheim Interne prog 56917 07/28/2011 GERALD NAURA 51.27 57020 07/28/2011 Graybar Electric Co 559.64 57079 01/28/2011 GREG PETERS 113.77 57021 07/28/2011 Hall & Foreman, Inc 390.00 56959 07/28/2011 HILDEBRAND ENRIQUEZ 21.81 57022 07/28/2411 Home Depot Credit Services 225.65 56948 07/28/2011 HOWARD KRESGE 42.43 57023 07/28/2011 Infosend Inc_ 3,944.02 57D24 07/28/2011 Innocenti Construction Inc. 22,750.25 Paving repair at various sites 56942 07/28/2011 ISAAC VARGAS 22.37 57027 07/28/2011 J & S Construction 675.00 57025 07/28/2011 Jackson's Auto Supply - Napa 525.19 56927 07/28/2011 JAMES HUDSON 18.22 56928 07/28/2011 JENNIFER MAX 67.17 57080 01/28/2011 JIM GRIFFO 39.91 57026 07/28/2011 Jahn R Brundahl III 60.00 56930 07/28/2011. JOHN SEVERINSEN 17.23 56916 07/28/2011 Judi Safka 38.90 56947 01/28/2011 JULIE BURTON 53.50 56984 0712812,011 KHOJI TRAM 29.04 57034 07/28/2011 Kidman, Behrens, & Tague, LLP 42,323.27 June services rendered on legal matters 56952 01/28/2011 KIM FELBAB 61.17 57028 0//28/2611 Konica Minofta Business 283.56 57029 07/28/2011 Konica Minolta Business 81-69 56985 07/28/2011 KRISTEN FOWLER 27.88 56924 07/28/2011 KRISHNA ELDER 44.95 57083 07/28/2011 KYLE SNOWDEN 67.99 56931 07/28/2011 LAURA NASSAR 56.02 57082 07/28/2011 LEAH GREEN 27.31 57030 07/28/2011 Lee & Ro, Inc. 7,377.001 56983 07/28/2011 LEONARDO SUAREZ 32.36 56943 0//28/2011 111 WANG 105.41 57031 07/28/2011 Liebert Cassidy Whitmore 13,907.00 June services rendered on HR issues 56926 07/28/2011 MARIAN MEDIA 109.69 57032 07/28/2011 Marina Landscape, Inc 9,666.57 56965 07/28/2011 MARRIOTT INTERNATIONAL 619.46 56960 07/28/703.1 MARY BAILEY 77.25 56976 07/28/2011 MARY CACCIATORI 15-70 57033 07/28/2011 Matt Chlor Inc. 2,650.00 57035 07/28/2011 Mc Fadden-bale Hardware 16D.09 57036 07/28/2011 Mc Master-Carr Supply Co. 1,034.14 56933 07/28/2011 MELISA MARKS 18.92 56967 07/28/2011 MIKE FERGUSON 155.73 57037 07/28/2011 Minuteman Press 618.79 5/038 07/28/2011 Mobile Industrial Supply 326.49 56951 07/28/2011 Monique Wilson-Edgmon 22.14 57039 07/28/2011 Nextel Of California 1,771.93 57040 07/2812011 Nickey Petroleum Co 7.782.77 57041 0712812011 Niny© & Moore 3,233.50 57D42 07/28/2011 Norman A. Traub Associates 566.92 56975 07/28/2011 NORMAN ROSENBLOOM 47.47 51043 0712812011 O}ccu-Med, Ltd. 153.50 57044 07/28/2011 Office Solutions 15.21 57045 07/28/2011 Orange County - Fire Authority 256-00 57046 07/28/2011 Orange County - I W M D 2,940.79 57047 0712817011 Orange County - Tax Collector 18,880.76 LAFC;0 Costs for Fiscal year 2011-2012 W71511A 07/15/2011 Orange County Water District 105,210.00 May LTSS In-lieu program 57048 07/28/2011 Orvac Electronics 40.87 57049 07/28/2011 Pacific Communications Tech 4:657.88 57050 07/28/2011 Pacific Hydrotech Corporation 81,067.50 Highland Bstr Stn upgrades June prop pay 56934 07/28/2011 PACIFIC LEGACY 16-70 56962 07/28/2011 PACIFIC LEGACY REAL ESTATE 35-86 56946 07/28/2011 PATRICIA FRANKLIN 41-06 56987 07/28/2.011 PAUL & RITA KOPPE5 914-92 56918 07/28/2011 PAYMON ROSHAN 73.66 57051 07/28/2011 Placentia Disposal #676 461.80 56936 07/28/2011 PREMIERE ENC & GRADING 879-88 57052 07/28/2011 Public Relations Society of 600] 00 57054 07/28/2011 R.I Services, Inc 3,139.06 57053 07/28/2011 Raftelis Financial Consultants, Inc. 1,037.50 56923 07/28/2011 REBECCA TROUTT 9.75 56922 07/28/2011 RICARDO MORALES 29.76 56945 07/28/2011 Ritchie Cochran 2423 57055 07/28/2011 RKI Engineering, LLC 4,900.00 56915 07/28/2011 ROBIN TEOH 12-54 57056 07/28/2011 Rootx 4,815-38 56935 07/28/2011 5 H SPECTRUM INC 27.31 56937 07/28/20311 SALT CREEK VENTURES LLC 68.62 57057 07128/2011 Scott W. Moulton 67247.50 56986 07/78/7011 SHIM MICK/OBAYASHI JV, DIEMER 697.50 57058 07/28/2011 SimplexGrinnell 1-1' 750-00 56957 07/2S/2011 SON T NGUYEN 77-25 57059 07/28/2011 South Coast AQMD 112-31 56913 01/15/2011 Southern Calif Edison Co. 3.831.53 57060 07/28/2011 Southern Calif Edison Co. 114.50 57061 07/28/2011 Southern Calif Gas Co. 5.929.83 57062 07/28/2011 Southwest Services 67.50 57068 07/28/2011 5tJoseph Heritage Healthcare 70.00 57063 07/28/2011 Staples Business Advantage 240.24 57064 07/28/2011 State Chemical Manufacturing 596-45 57065 07/28/2011 Stater Bros. Markets 4465 57067 07/28/2011 Stephen Doreck Equipment 33,065.00 Vista del Verde retention release 56963 07/28/2011 STEPHEN MORTENSEN 112.89 57066 037/28/2011 Stephen Parker/ Petty Cash 288.31 56964 07/28/2011 TAMI AMATO 124.06 56982 07/28/7011 TANYA VILLIERES 6.23 56920 07/28/2011 Teresa Magialan 20.74 56941 07/28/2011 TIFFANIE DOZIER 126.12 57069 07/28/2011 Time Warner Cahle 447.22 56955 07/28/2011 Tom Cornwell 30.72 56944 07/28/2011 UJAGAR S JHAJ 65.80 57070 07128/2011 Underground Service Alert 235-50 57071 07/28/2011 United Industries 1.425.23 57072 07/28/2011 United Rentals - Fullerton 148.15 56921 07/28/2011 VIARGILIOAGUILA 50.00 56968 47/28/2011 Void 0.00 56969 07/28/2011 Void 0.00 56970 0712812011 Void 0.00 56971 07/28/2011 Void 0-00 56972 0712812013 Void 0.00 56973 07/28/2011 Void 0.00 56974 0712812011 Void 0.00 51074 07/28/2011 Wells Supply Co 3.227.03 56981 07/28/2011 WESLEY ROLLINS 60-10 57075 07/28/2011 Western Highway Products, Inc. 1,404.71 57077 07/28/2.011 Westin Engineering, Inc. 14,377 18 June Consulting services on CMMS project 57076 0J128/2011 Westside Building Material 64.71 56977 07/28/2011 WILMINGTON INVESTMENT NETWORK 15.70 57078 07/28/2011 Yorba Linda Hardware 100.50 57084 07128/2011 YORBA LINDA PINES VILLAS 28.67 Total $605,627.60 July 28, 2011 CHECK NUMBERS: Manual Check 56913 $ 3,831.53 Computer Checks 56914-57085 $ 399,542.50 $ 403, 374.03 Void Checks 56968-56974 WIRES: W-71511 Bank of America $ 1,044.58 W-71511A OCWD $ 105,210.00 W-72711 ACWA-H BA $ 95, 998.99 $ 202,253.57 TOTAL OF CHECKS AND WIRES $ 605,627.60 PAYROLL NO. 14: Computer Checks 4971- 4974 Manual Checks 4975- 4983 $ 235,301.72 DISBURSEMENT TOTAL: $ 840,929.32 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF JULY 28, 2011 ITEM NO. 10.3 AGENDA REPORT Meeting Date: July 28, 2011 Budgeted: Yes Total Budget: $5.5 M To: Board of Directors Cost Estimate: $5.5 M Funding Source: Water Revenue Bond From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: J-200814 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Joe Polimino, Project Engineer CEQA Compliance: MND Subject: Progress Payment No. 6 for Construction of the Highland Booster Pump Station Project SUMMARY: Work is proceeding on construction of the Highland Pump Station Project that will include a new building, three electric motor driven pumps, two natural gas engine driven pumps, various piping, a surge tank and a new access road. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 6 in the net amount of $81,067.50 to Pacific Hydrotech Corporation for construction of the Highland Booster Pump Station Project, Job No. 200814. DISCUSSION: In accordance with the contract documents, Pacific Hydrotech Corporation submitted a request for Progress Payment No. 6, in the amount of $90,075.00 for completed work through June 30, 2011. During this period, installations of electrical duct banks under the building were completed. The Contractor continues to place rebar, formwork and concrete for portions of the building interior floor slabs. The status of the construction contract with Pacific Hydrotech Corporation is as follows: . The current contract is $4,525,800.00 and 307 work days (includes Change Order No. 1 which added 21 work days) starting November 1, 2010. . If approved, Progress Payment No. 6 is $90,075.00 (2.0% of the total contract amount), less 10% retention of $9,007.50 for a net payment of $81,067.50. . If approved, total payments to date including retention will be $1,097,375.00 (24.2% of the total contract amount). . As of June 30, 2011, 167 work days were used (54.4% of the contract time). Staff is negotiating with the contractor regarding adding work days to the contract due to additional field orders, subject to Board approval. Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 6 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): A construction contract in the amount of $4,525,800 was awarded to the low bidder, Pacific Hydrotech Corporation on August 12, 2010. The Board has approved five progress payments to date for this project, the last of which was approved on June 23, 2011. ATTACHMENTS: Name: Description: fype: PHC Progress Pay 6 for Highland PS.pdf Highland Pump Station Project Progress Pay 6 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 7/28/2011 PH/RK 4-0-1 RC was absent. YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Highland Booster Station Replacement PROGRESS PAY REQUEST NO. 006 LOCATION Yorba Linda, CA PROJECT NO. 200814 PAGE 1 OF 1 PAGES CONTRACTOR Pacific Hydrotech Corporation [DATE 71612011 ORIGINAL CONTRACT AMOUNT: $ 4,525,800.00 AUTHORIZED CHANCE ORDERS: $ REVISED CONTRACT AMOUNT: $ 4,525,800.00 PROGRESS PAY ESTIMATE FOR PERIOD dune 1, ,21)11 TO June 30, 2011 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 1,007,300.00 $ 90,475-00 $ 1,097,375-00 CHANGE ORDER WORK COMPLETED $ - $ - $ - TOTAL VALUE OF WORK COMPLETED $ 1,007,300.00 $ 90,075.00 $ 1,097,375.00 LESS RETENTION 10% $ 109,737.50 LESS OTHER DEDUCTIONS Electronic Wire Fees $ - NET EARNED TO DATE $ 987,637.50 LESS AMOUNT PREVIOUSLY PAID $ 906,570.00 BALANCE DUE THIS ESTIMATE $ 81,067.50 NOTICE TO PROCEED November 1, 2010 COMPLETION TIME 286 WORK DAYS APPROVED TIME EXTENSIONS 21 WORK DAYS TOTAL CONTRACT TIME 307 WORK DAYS TIME EXPENDED TO DATE 167 WORK DAYS TIME REMAINING 140 WORK DAYS REQUESTED BY: /Lo `lam 6 5 DATE: 716/2011 R Id Vgiehe, Ptoj C,,c; tdinator, Pacific Hydrotech Corporation RECOMMENDED: DATE: f / ~ r Joe Polimino, Project Engineer, YLVVD APPROVED BY. DATE: Steve Conklin: Engineering Manager, YLWD ITEM NO. 10.4 AGENDA REPORT Meeting Date: July 28, 2011 Budgeted: Yes Total Budget: $500,000 To: Board of Directors Cost Estimate: $420,000 Funding Source: All Water Funds From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: J-200903 and J- 200906 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: No Prepared By: Joe Polimino, Project Engineer CEQA Compliance: Exempt Subject: Final Progress Payment No. 4 and NOC for Construction of the Emergency Pumpout Facilities and Anaheim Interconnection Project SUMMARY: Work is complete for construction of the Emergency Pumpout Facilities and Anaheim Interconnection Project. Work included construction of three emergency pumpout connections in the District's water distribution system and upgrading three existing interconnections with the City of Anaheim's water system. Submitted for consideration is Final Progress Payment Number 4 and authorization to file the Notice of Completion for the project. STAFF RECOMMENDATION: That the Board of Directors approve Final Progress Payment No. 4 in the net amount of $3,960.00 to GCI Construction Inc.; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for the Emergency Pumpout Facilities and Anaheim Interconnection Project, Job No's 200903 & 200906. DISCUSSION: In accordance with the contract documents, GCI Construction, Inc. submitted a request for Final Progress Payment No. 4, in the amount of $4,400.00 for completed work through June 30, 2011. During this period, the contractor completed all street restoration, testing of facilities, painting and remaining punchlist items for the Emergency Pumpout Facilities and Anaheim Intertie Project. This is the final pay request for these projects. . The current contract is $342,059.25 and 150 calendar days starting March 3, 2011. . If approved, Final Progress Payment No. 4 is $4,400.00 (1.28% of the total contract amount), less 10% retention of $440.00 for a net payment of $3,960.00. . Total payments to date including retention are $342,059.25 (100% of the total contract amount). . As of June 30, 2011, 120 calendar days were used (80.0% of the contract time). Staff reviewed the contractor's final progress payment request and recommends approval. A copy of Final Progress Payment No. 4 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): A construction contract in the amount of $325,860 was awarded to the low bidder, GCI Construction, Inc. on December 22, 2010. The Board has approved three progress payments to date for this project, the last which was approved June 23, 2011. Two change orders were also approved for the project in the amount of $16,199.25. ATTACHMENTS: Name: Description; Type: GCI Final Progress Payment Request 4.pdf GCI Final Progress Payment No. 4 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 7/28/2011 PH/RK 4-0-1 RC was absent. YORBA LINDA WATER DISTRICT FINAL PROGRESS PAY REPORT PROJECT Pump Out Facilities 1 Anaheim Interne PROGRESS PAY REQUEST NO. 004 LOCATION YOrba Linda, QA PROJECT NO. 200903 PAGE 1 OF 1 PAGES 200906 CONTRACTOR GCI Construction, Inc. DATE 716111 ORIGINAL CONTRACT AMOUNT: $ 326,860.00 AUTHORIZEDCI-ANGFORDERS. $ 16.199.26 REVISED CON I-RACT AMOUNT: $ 342,069.26 PROGRESS PAY ESTIMATE FOR PERIOD June 1, 2011 TO June 30, 2011 PREVIOUS THIS MONTH TO GATE VALUE OF WORK COMPLETED $ 321,46&00 $ 4,4001.00 $ 325,060.00 CHANGE ORDER WORK COMPLETED $ 16,191x.25 $ - $ 16,19925 TOTAL VALUE OF WORK COMPLETED $ 337,050.25 $ 4.400.0.0 $ 342,05925 LESS RETENTION 10% $ 34,205.93 LESS OTHER DEDUCTIONS Eledronic Wire Fees $ - NET EARNED TO DATE $ 307,853.33 LESS AMOUNT PREVIOUSLY PAID $ 303,893.39 BALANCE DUE THIS ESTIMATE $ 3,950.00 NOTICE TO PROCEED March 3, 2011 COMPLETION TIME ISO CALENDAR DAYS APPROVED TIME EXTENSIONS 0 CALENDAR DAYS TOTAL CONTRACT TIME 150 CALENDAR DAYS TIME EXPENDED TO DATE 120 CALENDAR DAYS TIME REMAINING 30 CALENDAR DAYS REQUESTED BY. DATE: - O- Fla enn ecretarar surer, GCI Construction RECOMMENDI=D7 I]ATE• 7/8/11 oe Polimino, Project Engineer, YLWD - - - APPROVED BY: DATE, Steve Conklin, Engineering Manager, YLWD ITEM NO. 11.1 AGENDA REPORT Meeting Date: July 28, 2011 Budgeted: Yes Total Budget: $25,000 To: Board of Directors Cost Estimate: $15,000 Funding Source: Water Operating Fund From: Ken Vecchiarelli, General Account No: 1-2020-0600-00 Manager Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: Yes Prepared By: Cindy Botts, Management CEQA Compliance: N/A Analyst Subject: MWDOC Turf Removal Rebate Program SUMMARY: Due to the success of a trial Turf Removal Program in 2010, MWDOC is continuing with a year-long turf removal rebate program for FY 2011/12. The program will require participating agencies to enter an Agreement with MWDOD for participation in the turf removal program. The proposed program will rebate qualified participants $1 per square foot of traditional lawn turf that is removed and replaced with water efficient landscape. Participating agencies will be required to provide the resources for both pre- and post-inspection to confirm adherence of program conditions by participating customers. STAFF RECOMMENDATION: That the Board of Directors consider execution of an Agreement for Participation in Municipal Water District of Orange County's Turf Removal Program, and matching funds up to $15,000. DISCUSSION: The Turf Removal Rebate Program would run as a partnership between the individual MWDOC- member agencies that wish to participate and MWDOC itself. MWD would not be directly involved in the administration of the rebate program, as they have been in the past. As such, the traditional rebate administration companies will also not be used. Instead, both a pre- and post-site inspection is required by the participating agency to ensure that all components of the rebate program are adhered to. During the 2010 trial program, YLWD meter-reading staff was trained to complete these inspections. The program components include: . A minimum of 250 sq ft and a maximum of 10,000 sq ft of turf must be removed . Projects must not be started prior to the acceptance of the application . The converted area cannot include any live or synthetic turf . If a watering system is used, it must be either a drip or bubbler system. Weather-based irrigation systems or rotating nozzles are not allowed . All exposed soil must be covered with a 2"-3" layer of mulch . Converted area must be permeable to air and water (no concrete) Additionally, the City of Yorba Linda requires that all front and side lawns "be landscaped and consist primarily of plant materials." Per the City's Community Preservation Department, this ordinance is interpreted to mean as at least 51 % plants. A traditional lawn is not required. In addition to the $1 per sq ft of MWDOC-administered money, each member agency is also allowed to match the funding. The continuation of this program was anticipated and as such, a total of $25,000 was budgeted by YLWD for FY 2011/12 under the line item of Conservation Rebates. This line item also includes other rebate programs that YLWD participated in, including SmarTimers and rotating nozzles. Staff anticipates, however, that less than $5,000 will be used for the other rebate programs during FY 2011/12, leaving an anticipated remaining balance of $20,000 for the Turf Removal Program. At this time, staff is proposing that $15,000 of that balance be approved for MWDOC's program. The remaining balance would be available in the event that the program popularity increases over last year's numbers, and the Board authorizes further participation. As a point of comparison, IRWD, South Coast, City of San Clemente and City of San Juan Capistrano are all participating and anticipate matching funds, with no specific monetary cutoff. PRIOR RELEVANT BOARD ACTION(S): On September 23, 2010, the Board of Directors authorized participation in the trial Turf Removal Program. ATTACHMENTS: Name: Description: Type: YLWD_Turf _Removal _Agt FY_11-12(6-30-11) _UNSIGNED.pdf FY 2011 12 Turf Removal Agreement Backup Material Agreement for Participation in Municipal Water District of Orange County's Turf Removal Program This agreement for participation and, where indicated, co-funding ("Agreement") is made on the last date signed below by and between MUNICIPAL WATER DISTRICT OF ORANGE COUNTY ("MWDOC") and the Yorba Linda Water District ("Participant"). MWDOC and Participant are also referred to collectively as the "Parties." RECITALS WHEREAS, MWDOC and Participant entered into an agreement dated January 13, 2011 ("Existing Participation Agreement") to establish the conditions for participation in the Turf Removal Program ("Program") administered by MWDOC in Participant's service area; WHEREAS, MWDOC and Participant now wish to terminate the Existing Participation Agreement and continue Program participation under this Agreement, as provided herein; and WHEREAS, this Agreement establishes the conditions for Participant's participation in the Program administered by MWDOC in Participant's service area for the term stated herein. NOW, THEREFORE, for and in consideration of the mutual terms and conditions contained herein, the Parties hereby agree as follows: 1. Termination of Existing Participation Agreement. The Existing Participation Agreement is hereby terminated by mutual agreement of the Parties, effective upon final execution of this Agreement. The Parties acknowledge that all obligations arising under the Existing Participation Agreement have been met. 2. Rebate Program. MWDOC has developed and arranged funding for the Program through the Metropolitan Water District of Southern California ("Metropolitan"). The Program will provide financial incentives on a first come, first served basis while Metropolitan funding lasts for the removal of turf by residential and small commercial water users within Participant's service area. Turf removal projects must meet Program guidelines to be eligible for financial incentives in the form of a cash payment for each square foot of removed turf. The Program's objectives are to achieve savings in water consumption, reduce water runoff to storm drains and natural water bodies, and promote the goals of the applicable Best Management Practices. 3. Site Inspection; Election by Participant. Participant must either (1) conduct pre- and post-turf removal site inspections for all Program Applications submitted to Agreement for Participation MWDOC Turf Removal Program MWDOC from within the Participant's service area, or (2) provide funding to MWDOC, as set forth in Section 3.1.3 below, for the cost of MWDOC's site installation inspection consultant, Mission Resource Conservation District (MRCD), to conduct both pre- and post-turf removal inspections. By its initials below, Participant hereby elects to either: (1) Conduct its own inspections, as described herein: Initials Here or (2) Provide funding to MWDOC to conduct inspections, as described herein: Initials Here 3.1. If Participant elects to provide funding to MWDOC for MRCD inspection services for the pre- and post-turf removal inspections, Participant shall be responsible for the following activities. 3.1.1. Upon receipt of a completed application, MWDOC will contact MRCD to request a pre-turf removal inspection. At the conclusion of the pre-turf removal inspection, and from the results of the pre-turf removal inspection, MWDOC will notify Participant of MWDOC's preliminary determination that the application under consideration should be approved or denied. Participant shall promptly review MWDOC's determination and inform MWDOC whether it agrees or disagrees. MWDOC will work with Participant in good faith to resolve differences of opinion regarding the status of a particular application, but the final decision on issuing a Notice to Proceed lies with MWDOC. Once MWDOC has made a final decision on an application, MWDOC will issue a Notice to Proceed or a Participation Denial Notice to the applicant. 3.1.2. Participant shall be responsible for the actual cost charged to MWDOC by MRCD for pre- and post-turf removal inspections, which will be invoiced to Participants on a monthly basis by MWDOC. MRCD inspection costs are invoiced to MWDOC pursuant to a services agreement between MRCD and MWDOC. At the time this Agreement is executed, the residential turf removal inspection cost as charged to MWDOC by MRCD is $105 per residential inspection. The total cost for both pre and post-turf removal residential inspections is thus $210.00. The current commercial inspection cost as charged to MWDOC by MRCD is approximately $165.36 per inspection, based on an average of four (4) hours for a small commercial site at $37.84 per hour, plus $28 per hour for inspection verification administration. Again, two commercial inspections are required, for a total 2 Agreement for Participation MWDOC Turf Removal Program estimated cost of $330.72. Should the MRCD costs decrease or increase, MWDOC will pass these changes through to Participant. 3.1.3. Inspection Funding Cap. Participant agrees to provide inspection funding for inspections conducted by MRCD as requested by Participant, up to $0.00. MWDOC agrees that it shall inform Participant when that cap has been reached. At that point, Participant shall have the following options and shall immediately inform MWDOC of its decision to: (1) elect to perform the pre- and post-turf removal inspections, (2) increase the funding cap via letter from Participant's General Manager, or (3) end its participation in the Program. Selecting option #3 will not eliminate Participant's responsibility to perform or fund pre-and post-turf removal inspections underway (in the queue). 3.2. If Participant elects to perform the pre- and post-turf removal inspections, Participant shall be responsible for the following activities. 3.2.1. Upon receipt of a Program Application, MWDOC shall enter the application information into its database and issue a pre-turf removal inspection work order to Participant. Participant shall schedule and conduct the pre-turf removal inspection, complete the pre-turf removal work order as provided by MWDOC with the required data and site photographs, and establish that the applicant's proposed project and site are consistent with the intent of the Program. The pre-turf removal inspection shall establish that the applicant's site consists of between 250 and 10,000 square feet of live turf being irrigated with potable water. 3.2.2. At the conclusion of the pre-turf removal inspection, Participant shall submit the completed work order and site photographs to MWDOC. The pre-turf removal inspection work order shall contain Participant's recommendation to approve or deny the application. If MWDOC staff agrees with the recommendation, it shall approve the application, designate the site as an eligible Program turf removal project, and issue a Notice to Proceed to the applicant, or reject the application and issue a Participation Denial Notice to the applicant. The post-turf removal inspection work order shall be the basis for calculating the rebate incentive. 3.2.3. If MWDOC staff disagrees with Participant's recommendation, MWDOC will so notify Participant. Participant may renew its recommendation and submit it to MWDOC for reconsideration, but the final decision on a Notice to Proceed lies with MWDOC. 3.2.4. It will be the responsibility of applicant to notify MWDOC that the work has been completed at the site. Upon notification from the applicant that the work has been completed, MWDOC shall issue a post-turf removal work order to Participant. Participant shall schedule and conduct the post-turf 3 Agreement for Participation MWDOC Turf Removal Program removal inspection, complete the post-turf removal work order as provided by MWDOC with the required data and site photographs, and establish that the applicant's completed project and site are consistent with the intent of the Program. 3.3. The post-turf removal inspection, whether completed by Participant or MRCD, shall establish the items set forth in Sections 3.3.1- 3.3.6 below. At the conclusion of the post-turf removal inspection, MWDOC will direct its accounting department to issue a rebate incentive check to the party listed on the Program application within a ten (10) week period. Rebate incentive shall be based on the square footage calculation listed on the post-turf removal work order. 3.3.1. The site's precise turf removal area in square feet as removed in association with this Program. This shall be the basis for calculating the amount of each site's rebate. 3.3.2. The site's turf removal area does not include any live or synthetic turf. 3.3.3. The converted area's irrigation system, if any, is a low flow system (drip, bubblers, or low-precipitation high-efficiency rotating nozzles). If part of a lawn is converted, the sprinkler system must be properly modified to provide adequate coverage to the remaining lawn without spraying the converted area. 3.3.4. All exposed soil in the converted area is covered with a 2-3" layer of mulch, except in areas planted with creeping or rooting groundcovers. 3.3.5. Converted area is permeable to air and water. Weed barriers must be permeable. Concrete, plastic sheeting or other impermeable surfaces do not qualify for incentives under the Program. 3.3.6. No invasive plant species are used. 4. Option Requirements for Participants Providing Supplemental Funding For Rebate Incentives. Participant has the option to provide supplemental funding to customers in its service area to further incentivize participation. Supplemental funding for rebate incentives on behalf of Participant, if any, is set forth in Table 4.1 below. If Participant has elected not to provide additional funding upon initial execution of this Agreement, Table 4.1 below will contain "$0" funds: TABLE 4.1 - OPTIONAL SUPPLEMENTAL FUNDING Agency Name : YORBA LINDA WATER DISTRICT Supplemental Funding Levels Incentive per Square Foot/Site $1.00 Not to Exceed Funding Cap $15,000 Without formal written amendment of this Agreement, Participant (if no supplemental funding is initially provided) may at any time during the term of the Agreement notify MWDOC that it will begin providing supplemental funding. In addition, at any time during the term of the Agreement, Participant may make additional supplemental 4 Agreement for Participation MWDOC Turf Removal Program funding available. Both changes may be accomplished by written notice to MWDOC in the form of a letter from Participant's General Manager. If Participant notifies MWDOC of its intent to terminate its supplemental funding, or the maximum supplemental funding amount is exhausted, Participant will be responsible for all supplemental funding for those applicants approved in the Program. Once supplemental funding is exhausted, MWDOC will continue to offer the basic incentives provided herein. 5. MWDOC's Obligations. In addition to the obligations stated above, under this Agreement MWDOC shall be responsible to Participant for the following: 5.1. Providing a base incentive of $1 per square foot of verified removed turf on a first come first served basis while Metropolitan funds exist during the term of this Agreement to the eligible applicants who successfully complete the participation process. MWDOC does not guarantee the Metropolitan funding will last the entire term of the Agreement; 5.2. Databasing all applications received on Participant's behalf; 5.3. Ensuring that timely reports on the Program's results are prepared by MWDOC's staff; 5.4. Developing a database of information regarding participation in the Program and providing monthly electronic and written reports of activity to Participant. The electronic reports will include, without limitation, Participant's customer account number, customer name, service address, quantity of turf removed, Participant's level of supplemental funding provided (if any), and base incentive paid; 5.5. Invoicing Participant for its supplemental funding obligation and monitoring the number of rebate applications approved in Participant's service territory to ensure that it is within the "Optional Supplemental Funding" as provided in Table 4.1 of this Agreement. MWDOC does not guarantee any minimum number of rebates will be available for Participant's service area. 5.6. Invoicing Participant for Participant's obligation for inspection services as performed by MWDOC's inspection contractor, MRCD. 5.7. Reporting to Metropolitan on a monthly basis, detailing the Program's activity and requesting reimbursement for those activities at a rate of $1 per square foot of removed turf. 6. Participant's Obligations. In addition to the obligations stated above, under this Agreement Participant shall be responsible to MWDOC for the following: 6.1. Based on invoicing from MWDOC, paying MWDOC for the amount of supplemental funding(s) expensed on its behalf within thirty (30) days of the date of the MWDOC invoice. 6.2. Based on invoicing from MWDOC, paying MWDOC for the inspection services MWDOC's inspection contractor, MRCD, performed for Participant. 6.3. Working with MWDOC in good faith to evaluate each site's qualifications for participation in the Program. s Agreement for Participation MWDOC Turf Removal Program 6.4. Working in an expedient manner to process all applicants through the Program. 7. Confidentiality. MWDOC agrees to maintain the confidentiality of Participant's customer names, addresses and other information about participants in the Program gathered in connection with the Program, and MWDOC will not cause or permit the disclosure of such information except as necessary to carry out the Program. To the extent MWDOC contracts with third party contractors to carry out all or any portion of the Program, MWDOC will require such contractors to maintain the confidentiality of such customer information. 8. Indemnification. MWDOC has designed the Program so that the applicant is solely responsible for the manner in which the turf is removed and selection of the landscape contractor, if any, that will remove it, and each applicant will be required to sign a release and waiver of any claims against MWDOC and/or Participant. MWDOC will require applicants to indemnify MWDOC and Participant against claims arising out of the turf removal. Nevertheless, to the extent that MWDOC or Participant or their respective staffs perform any activities in connection with the Program, each agrees to indemnify and hold the other harmless from any and all liability, claims, obligations, damages and suits arising out of such activities. 9. Term. This Agreement shall commence on the last date signed below and continue until June 30, 2012 ("Program Expiration"), unless extended by the Parties. 10. Early Termination. Participant may terminate this Agreement at anytime upon thirty (30) days' written notice to MWDOC. MWDOC may terminate this Agreement prior to the Program Expiration date without prior notice in the event funding for the Program is exhausted, reduced, eliminated or unavailable from any funding source, for any reason. If MWDOC deems it necessary to terminate this Program for any other reason, MWDOC shall give Participant thirty (30) days' written notice. In the event of termination by either party, Participant shall be responsible for payment of its supplemental funding contribution for all applications for which MWDOC has issued a Notice to Proceed prior to the effective date of the termination. [INTENTIONALLY BLANK - SIGNATURES ON NEXT PAGE] F Agreement for Participation MWDOC Turf Removal Program MUNICIPAL WATER DISTRICT OF YORBA LINDA WATER DISTRICT ORANGE COUNTY Kevin P. Hunt, General Manager Kenneth R. Vecchiarelli, General Manager Date: Date: Approved as to Form Approved as to Form Kidman, Behrens & Tague, LLP Kidman, Behrens & Tague, LLP Russell G. Behrens Legal Counsel Daniel J. Payne Date: Legal Counsel Date: 7 ITEM NO. 11.2 AGENDA REPORT Meeting Date: July 28, 2011 To: Board of Directors From: Ken Vecchiarelli, General Manager Job No: 2011-04S Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: Yes Prepared By: Ariel Bacani, Engineering CEQA Compliance: Exempt Technician II Subject: Initiating LAFCO Proceedings for Locke Ranch Annexation SUMMARY: The District has provided sewer service to customers in the Locke Ranch Area since 1977 and is pursuing annexation of approximately 441 acres to the Yorba Linda Water District. With this process, these customers will have a vote for YLWD Board of Directors in the next and all successive general elections. STAFF RECOMMENDATION: That the Board of Directors approve Resolution No. 11-16, initiating proceedings for annexation of approximately 441 acres to the Yorba Linda Water District, and find that the environmental impacts of the existing residential and commercial development have been adequately addressed. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting on July 7, 2011 and supports staff's recommendation. DISCUSSION: The District has provided sewer service to customers in the Locke Ranch area through a 1977 Agreement for the Provision of Water and Sewer Services between the District and the City of Yorba Linda. If so authorized by the Board, District staff will file an application with the Orange County Local Area Formation Commission (LAFCO) to initiate proceedings for annexation of the 441-acre area for the purpose of adjusting the District boundary to be coterminous with its service area. An exhibit illustrating the location of the proposed annexation is attached. One of the LAFCO requirements is an initiating resolution from the Yorba Linda Water District Board of Directors. The proposed Resolution No. 11-16, reviewed by legal counsel, addresses this requirement. It includes a finding that the environmental impacts of the existing residential and commercial development, including the annexation of the Locke Ranch area into the District, have been adequately addressed in the Notice of Exemption certified by the Yorba Linda Water District and that no additional environmental review is required. A copy of the Notice of Exemption is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors authorized the President and Secretary to execute the Agreement for the Provision of Water and Sewer Services between Yorba Linda Water District and City of Yorba Linda on October 3, 1977. The Board has also authorized the filing of initiating resolutions for annexing lands to the Districts service area. ATTACHMENTS: Name: Description: Type: Resolution No. 11-16 - Resolution No. 11-16 Resolution Locke Ranch Annexation.docx Legal Description _and_Map_pdf Annexation Legal Description & Map Exhibit Exhibit Notice of Exemption - DA 11-06 Recorded.pdf Notice of Exemption Backup Material Approved by the Board of Directors of the Yorba Linda Water District 7/28/2011 GM/RK 3-1-1 Roll Call PH voted No. RC was absent. RESOLUTION NO. 11-16 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT TO INITIATE PROCEEDINGS FOR LOCKE RANCH ANNEXATION OF APPROXIMATELY 441 ACRES TO THE YORBA LINDA WATER DISTRICT WHEREAS, the Yorba Linda Water District provides sewer service to approximately 441 acres of residential/commercial developed land (hereinafter referred to as the "Locke Ranch area"), which the District wishes to annex the Locke Ranch area in order to adjust the YLWD boundary to be coterminous with its service area; and WHEREAS, the Locke Ranch area is within the sphere of influence of Yorba Linda Water District, and the District is currently providing sewer service to said land. NOW THEREFORE, the Board of Directors of Yorba Linda Water District does hereby resolve as follows: Section 1: The Board of Directors finds pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Government Code section 5668.3 (a)(1), that annexation is in the best interests of the landowners and present and future inhabitants within the Yorba Linda Water District and within the Locke Ranch area. Section 2: The Board of Directors hereby applies to the Local Agency Formation Commission of Orange County, (hereinafter LAFCO) to initiate, conduct and complete proceedings for the annexation of the Locke Ranch area to the Yorba Linda Water District on the terms and conditions set forth in this Resolution and such other terms and conditions as may be approved by the Board during these proceedings. Section 3: This proposal is made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Government Code Section 56650 et seq. Section 4: The proposed change of organization consists of the annexation of the Locke Ranch area, to the Yorba Linda Water District, for the purpose of adjusting the Yorba Linda Water District boundary to be coterminous with its service area. Section 5: A description of the boundaries of the land to be annexed and a map of the Locke Ranch area are attached hereto as Exhibit "A" and incorporated herein by this reference. Resolution No. 11-16 Initiate Proceedings for Locke Ranch Annexation 1 Section 6: The Yorba Linda Water District is the lead agency and applicant for this proposed annexation and has designated the following persons as the District's representatives for purposes of this application: Mr. Kenneth R. Vecchiarelli and Mr. Steve Conklin. Section 7: The annexation proposed by this application is consistent with the sphere of influence for the Yorba Linda Water District adopted by LAFCO. Section 8: The Board of Directors finds that the proposed annexation of the Locke Ranch area is exempt from the California Environmental Quality Act under the State CEQA Guidelines, 14 Cal. Code of Regs., § 15319 (a) (Annexations of Existing Facilities and Lots for Exempt Facilities), and that Notice of Exemption has been properly posted and certified by the Orange County Clerk (attached hereto as Exhibit "B,") pursuant to the State CEQA Guidelines, 14 Cal. Code of Regs., § 15062 (b). Section 9: Other than the Yorba Linda Water District there are no affected agencies that will gain or lose territory as a result of the change of organization proposed herein. Section 10: The Board of Directors of Yorba Linda Water District hereby requests that LAFCO approve the proposed annexation, as authorized by the Cortese- Knox-Hertzberg Local Government Reorganization Act of 2000, Government Code Section 56663 (a), and that LAFCO waive protest proceedings as authorized by Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Government Code Section 56663 (c). Section 11: Yorba Linda Water District waives any exchange of property tax revenues. Section 12: The Secretary of Yorba Linda Water District is hereby authorized and directed to file a certified copy of this Resolution with the Executive Officer of LAFCO and make all other filings and pay such fees as are necessary to affect the purposes of this Resolution. PASSED AND ADOPTED this 28th day of July 2011, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Michael J. Beverage, President Yorba Linda Water District Resolution No. 11-16 Initiate Proceedings for Locke Ranch Annexation 2 ATTEST: Kenneth R. Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman, Behrens & Tague Resolution No. 11-16 Initiate Proceedings for Locke Ranch Annexation 3 EXHIBIT "A" LOCKE RANCH ANNEXATION TO THE YORBA LINDA WATER DISTRICT - DA 11-06 Legal Description 1 All that parcel of land situated partly in the Unincorporated County of 2 Orange and partly in the City of Yorba Linda, County of Orange, State of 3 California, described as follows: 4 BEGINNING at an angle point in the existing boundary of the Yorba Linda Water 5 District (YLWD) as created by "Annexation No. DA 07-29" to said District, 6 said angle point being the most southeasterly corner and the southerly 7 terminus of that certain course shown as "South 00005109" West 2711.21 feet" 8 in said annexation; Thence along the existing boundary of the YLWD as 9 established by said "Annexation No. DA 07-29" in a generally northerly and 10 easterly direction to the most northeasterly corner of the boundary of the 11 City of Yorba Linda as established by "Annexation No. 68-5 to the City of 12 Yorba Linda"; thence in a generally southerly direction through its various 13 courses to the southeasterly corner of said "Annexation No. 68-511, said 14 corner also being on the westerly boundary of "Annexation No. 70-1 to the 15 City of Yorba Linda"; Thence continuing along the existing westerly boundary 16 established by said "Annexation No. 70-1" in a general southerly direction to 17 the southwesterly corner of said "Annexation No. 70-1", said corner also 18 being the northwesterly corner of the existing boundary as established by 19 "Annexation No. 74-3 to the City of Yorba Linda"; Thence continuing southerly 20 along the existing westerly boundary established by said "Annexation No. 74- 21 3" to the southwesterly corner of said "Annexation No. 74-3" said point being 22 an angle point in the easterly line of a Record of Survey recorded in Book 23 62, Pages 30 and 31, in the office of the County Recorder of said County; 24 Page 1 of 4 25 EXHIBIT "A" LOCKE RANCH ANNEXATION TO THE YORBA LINDA WATER DISTRICT - DA 11-06 Legal Description 1 Thence along said easterly line South 01022133" East 1347.28 feet to the 2 northerly right of way line of Esperanza Road, 40.00 feet wide, as shown on 3 said Record of Survey; thence continuing South 01022133" East 140.22 feet to 4 a point in the southerly right of way line of the A.T. and S.F. Railway, 5 100.00 feet wide, said point also lying in the northerly boundary of the City 6 of Anaheim per the "Imperial Highway - Esperanza Annexation per Resolution 7 No. 69-R-584", said point also lying on a non-tangent curve concave northerly 8 and having a radius of 5779.65 feet, a radial bearing to said point bears 9 South 04033100" East;, thence westerly 356.56 feet along said curve and said 10 right of way and along said Annexation through a central angle of 03032105" 11 to a tangent line; Thence continuing westerly along the northerly line of 12 said Annexation to the easterly line of the "Yorba Annexation to the City of 13 Anaheim"; Thence northerly and westerly along the existing boundary 14 established by the "Yorba Annexation" to the easterly boundary of the 15 "Revised Orangethorpe-Nixon Freeway Annexation to the City of Anaheim"; 16 Thence northerly and northwesterly along the existing boundary established by 17 the "Revised Orangethorpe-Nixon Freeway Annexation to the City of Anaheim" to 18 the easterly boundary established by the "Annexation no. 73-2 to the City of 19 Yorba Linda"; thence northerly along the easterly line of the existing 20 boundary established by the "Annexation no. 73-2 to the City of Yorba Linda" 21 to the northeasterly corner of said Annexation also being a point on the 22 westerly line of the land shown on said Record of Survey recorded in Book 62, 23 Pages 30 and 31, in the office of the County Recorder of said County; Thence 24 Page 2 of 4 25 EXHIBIT "A" LOCKE RANCH ANNEXATION TO THE YORBA LINDA WATER DISTRICT - DA 11-06 Legal Description 1 along said westerly line North 01029151" West 820.54 feet to the 2 southwesterly corner of the existing boundary established by "Annexation no. 3 71-1 to the City of Yorba Linda"; Thence northerly along the westerly line 4 and its northerly extension of the existing boundary established by 5 "Annexation No. 71-1 to the City of Yorba Linda" to a point on the line of 6 the existing YLWD boundary line as established by the "Formation" of said 7 YLWD; Thence westerly along said existing YLWD boundary to the point of 8 beginning. 9 10 The above described parcel of land contains 441.33 Acres, more or less. 11 12 All as shown on Exhibit "B" attached hereto and by this reference, made a 13 part hereof. 14 15 16 This document was prepared by me or \ ,AND S DEL 5 ~G 17 under my direction and supervision. Q .G -W ~Q 18 L.S. 5108 Q 19 Dated This 7th Day of July, 2011 9J ~2 20 F OF CAL~~O 21 22 Gwen-Vera Del Castillo, PLS 5108 23 24 Page 3 of 4 25 EXHIBIT "A" LOCKE RANCH ANNEXATION TO THE YORBA LINDA WATER DISTRICT - DA 11-06 Legal Description 1 2 3 4 5 This document does meet the approval of 6 the Orange County Surveyor's Office 7 8 Raymond L. Mathe 9 County Surveyor 10 11 Dated this Day of 2011 12 13 14 By: 15 Raymond L. Mathe, P.L.S. 6185 16 17 18 19 20 21 22 23 24 Page 4 of 4 25 U C) LEGEND: EXHIBIT "B" ? ANNEXATION BOUNDARY LOCKE RANCH ANNEXATION DA 11-06 o C) c TO THE YORBA LINDA WATER DISTRICT ¢ a C) C~ EXISTING CITY OF YORBA O p ¢ II LINDA BOUNDARY z r ? zF-~ W~ ~a~ EXISTING CITY OF ANAHEIM p U g z m °n ° -1 OD BOUNDARY z ¢ Off, w z N I I € I III EXISTING YORBA LINDA W'LY LINE z I~ r>m -t - 3 w z I.~ r a WATER DISTRICT BOUNDARY ANNEXATION N0. n w a o p 70-1 TO CITY OF ce ' z ~ ¢ o z o YORBA LINDA 7 , a I I I I " , ~I"Z~ Qi .I _j Qcnzto 0 ® 5 Q y! 'iLT ¢ 3 N04'33'00"W 8 w©mw 49-551-01 I L„ UNINCORP, (RAD) _J z ¢ o 3APN in ¢ m °11 II C ~d( (1~I T COUNTY OF k 11 L4 ; Ta ORANGE 9 FAIRN~1ONT BOULEVARD a~~5 S ~J C &f OF 7~ YO ° R L11WIDA N64`57`15"E 1 t APN (RAD) f z #0 349-561-01 = X311 1 - P.Q.B. _ p 4 a ° z / 16 UNINCORP. o a w (n o COUNTY OF p ©z 1 Qo ELY LINE r¢w < o / z ORANGE ANNEXATION NO. x o w E'LY LINE ¢ > r = SEE DETAIL z ~ m 73-2 TO CITY OF . w z > 0:! n r ANNEXATION N0. p U ELY LINE z z z o DA 07-29 TO m rl w F CURVE AND COURSE TABLE YORBA LINDA ORANGETHORPE-NIXON ¢ p m : -r I z ~C p # BEARING DISTANCE Z ¢ YORBA LINDA x ~ ¢ FREEWAY ANNEXATION :3 r w N00' 04' 28' E 2711. 55' x p WATER DISTRICT z j 2 N89° 59` 42" E 1 795. 98' TO CITY OF ANAHEIM Q \_ANL) S w m w ~ 0 ¢z d 3 S01 ° 20' 58' E 7034. 41 ' PREPARED BY ME OR UNDER MY DIRECT =`'~tP DEL DETAIL: 4 S01' 19' 23" E 2356. 56' SUPERVISION ~ D NOT TO SCALE VICINITY MAP rr NOT TO SCALE 5 501 ° 23' 00' E 1423, 29' 6 S01 ° 22' 33' E 1347. 28' 7 S01 ° 22' 33" E 140. 22' ~r f gee-o' -A L.S. 5108 I 16 ~ 9 S88'59'05'W 826.35' %r r 10 N01 ° 50' 05" E 167. 18' "GWEN-VERA DEL CASTILLO, L.S. 5108 11 S87°41' 30'W 91, 05' 0 CA\, 12 N01 ° 50' 05" E 134. 20' 11 it T ~S , lrr 14 N89° 55' 03' W 80. 34' ~ i 15 N01 ° 29' 51' W 8409. 61' THIS PROPOSAL DOES MEET THE APPROVAL E J -~1 Tr 16 N89° 25' 00' W 338. 90' OF THE ORANGE COUNTY SURVEYOR'S OFFICE. € P.Q.B. - 17 N01 ° 29' 51'W 820, 54' 20J 3©' 30'12© ` DATED THIS DAY OF 2011. p 'c) RADIUS DELTA LENGTH Cc3 cn~ Cl I , _ g 8 5779,65' 3° 32' 05' 356 56' BY: 110 LL_ r 13 2000. 00' 26° 52` 50' 938. 31' r- C.0 M :31 a RAYMOND L. MATHE, COUNTY SURVEYOR r r r 1 1 s L.S. 6185 w F- NOTE: THIS ANNEXATION CONTAINS 441.33 ACRES. p Q C? _ > CD U) V) Notice of Exemption Form D To: Office of Planning and Research From: Yorba Linda Water District P.O. Box 3044, Room 212 P.O. Box 309 Sacramento, CA 95812-3044 Yorba Linda, CA 92885 Recorded in Official Records, Orange County County of Orange Clerk-Recorder Tom Daly, County Recorder 630 North Broadway Street Santa Ana, CA 92701 IIIAII1I III 101111111~11161111111~IIIBlllalll@ NO FEE 20118500058810:10 am 05/16/11 242 NC-1 Z01 EXEMPT: PUBLIC AGENCY GOV. CODE SEC. 27383 SPACE Al 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 Project Title: Locke Ranch Annexation to the Yorba Linda Water District - DA 11-06 Project Location - Specific: In the City of Yorba Linda, within a strip of land that includes the Yorba Linda Blvd.-Fairmont Blvd. intersection to the north and bound by Imperial Hwy. and Esperanza Rd. to the south. Project Location - City: Yorba Linda Project Location - County: Orange Description of Project: The project is the Annexation of the Locke Ranch area within the City of Yorba Linda that is outside the YLWD service boundary. YLWD currently provides sewer service to this existing development through a 1977 water and sewer service agreement between the District and the City of Yorba Linda. Name of Public Agency Approving Project: Yorba Linda Water District W 4 Name of Person or Agency Carrying Out Project: Yorba Linda Water District , W J Exempt Status (check one) ® Q ❑ Ministerial (Sec. 21080(b)(1); 15268);,. = p ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a));j ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); ® Categorical Exemption. State type and section number: Class 19(a), Section 15319 - Annexations of Existing Facilitteb ❑ Statutory Exemptions. State code number: Reason Why Project is Exempt: The project is an annexation to a special district that has existing facilities within an existing development. Lead Agency Contact Person: Steve Conklin, P.E. Area Code/Telephone/Extension: (714) 701-3102 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice Exemption been filed by the public agency approving the project? au Signature• Date Title: Engineering Mana ® Signed by Lead Agency Date received for filing at OPR: ® Signed by Applicant ITEM NO. 11.3 AGENDA REPORT Meeting Date: July 28, 2011 Budgeted: Yes Total Budget: $330 To: Board of Directors Cost Estimate: $550 Funding Source: Sewer Operating Fund From: Ken Vecchiarelli, General Manager Presented By: Stephen Parker, Finance Dept: Finance Director Reviewed by Legal: Yes Prepared By: Joann Gitmed, Accounting CEQA Compliance: N/A Assistant II Subject: Sewer Maintenance Charges Collected on the Fiscal Year 2011/12 Tax Roll SUMMARY: Each year at this time, the Board of Directors elects to have certain sewer maintenance charges collected on the property tax roll. This year, with the transfer of over 6,300 sewer connections from the City of Yorba Linda and due to the disparity in rates between the City's and District's multi-family residence and commercial rates, the District will be collecting the sewer maintenance charges for these and other connections on the property tax roll, as well. STAFF RECOMMENDATION: That the Board of Directors approve Resolution No. 11-17 adopting the sewer maintenance charge for sewers transferred from the City of Yorba Linda and approve Resolution No. 11-18 to elect to have certain sewer maintenance charges collected on the Fiscal Year 2011/12 Tax Roll. DISCUSSION: The current Sewer Maintenance charges are as follows: Commercial-Industrial and Public Schools: 1. For all sewer customers in this category who use water meter reading, the rate shall be as follows: . First 2,200 cubic feet of water consumption per month: $5.50 per month. . All water consumption in excess of 2,201 cubic feet per month: $4.62 per 1,000 cubic feet. 2. Alternatively, for those customers who have a sewer meter or who can demonstrate to the District's satisfaction that 100% of the water meter reading ends up in the District's sewer system, the rates shall be as follows: . First 1,100 cubic feet per month: $5.50 per month . All metered use in excess of 1,101 cubic feet per month: $5.06 per 1,000 cubic feet Residential: 1. Residential - individually metered: $5.50 per month 2. Residential - master metered: $3.85 per month per unit Additionally, in April 2011, the Board of Directors voted to execute an agreement with the City of Yorba Linda which transferred the city-owned sewer system to the Yorba Linda Water District effective July 1, 2011. As a result of this transfer, additional parcels, solely those with multi-family residential, commercial and industrial accounts, or single-family residential in master metered communities need to be added to the current tax roll listing for collection of Sewer Maintenance Charges on the Fiscal Year 11 /12 tax roll. The Sewer Maintenance Charges for the transferred accounts, which will continue to be assessed the same as the City of Yorba Linda in the prior year, are as follows: Commercial-Industrial and Public Schools: . Monthly Fixed Charged based on Meter Size (Attachment A) . Commodity rate charge of $ 0.176 per hundred cubic feet of water consumption, based on 90% of prior year water usage. Residential: 1. Residential - Individually Metered: $5.50 per month 2. Residential - Master Metered: $1.775 per month. The District collects the Sewer Maintenance Charge by adding it to the water bill of customers where the District provides water service and the customer also has a connection to the sewer system. For customers connected to the District sewer system that receive water service from another purveyor, the District collects the Sewer Maintenance Charge through the property tax rolls prepared by the County of Orange Auditor/Controller. This is the case in the Locke Ranch Area which receives water from Golden State Water Company. This process is legally authorized and established by Resolution of the Board. It has been determined that certain sewer maintenance charges, namely those multi-family and commercial accounts where there exists a disparity in rates between the City's and District's charges and single family residences in a master metered communities, need to be placed on the tax roll for collection until a Proposition 218 process can be completed to equalize the rates. The Sewer Maintenance Charges are subject to the substantive and procedural requirements of Proposition 218 (California Constitution Article XIII D) barring an increase in the rates and/or a discretionary CPI increase of more than 5%, except with proper notification to the property owners affected allowing adequate opportunity to protest any such increases. Staff is not recommending a change to the current sewer maintenance charge at this time. To collect the current maintenance charges for certain sewer accounts for Fiscal Year 2011/12, the County of Orange Auditor/Controller's Office requires a certified Resolution by the Board of Directors directing their office to add the charges to the tax rolls for the properties assessed. The County establishes a deadline of August 1 to receive this information. PRIOR RELEVANT BOARD ACTION(S): On July 26, 2007, the Board of Directors passed Resolution No. 07-13 adopting the current sewer maintenance charges. On June 10, 2010, the Board of Directors passed Resolution No. 10-14 adopting these charges for customers in the Locke Ranch Area as well as areas outside the District boundaries and electing to have the charges collected on the Fiscal Year 2010/11 tax roll. ATTACHMENTS: Name: Description: Type: Resolution 11-17.docx Resolution No. 11-17 Resolution 2011-12_Sewer _ Charge - Exhibit_A.docx Sewer Maintenance Charge Backup Material Resolution 11-18.docx Resolution No. 11-18 Resolution Approved by the Board of Directors of the Yorba Linda Water District 7/28/2011 Resolution No. 11-17 RK/PH 4-0-1 Roll Call RC was absent. Resolution No. 11-18 PH/GM 4-0-1 Roll Call RC was absent. RESOLUTION NO. 11-17 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A SEWER MAINTENANCE CHARGE APPLICABLE TO CERTAIN MULTI-FAMILY RESIDENTIAL AND COMMERICAL/INDUSTRIAL ACCOUNTS PREVIOUSLY SERVICED BY THE CITY OF YORBA LINDA WHEREAS, Resolution No. 07-13 establishes sewer rates for the Yorba Linda Water District ("District") Rules in compliance with substantive and procedural requirements of Proposition 218 (California Constitution Art. XIII D); and WHEREAS, the City of Yorba Linda adopted its sewer rates for the fiscal years 2010/2011 through 2014/2015 in Ordinance No. 2010-945 in compliance with the substantive and procedural requirements of Proposition 218 (California Constitution Art. XIII D) as described in "CITY OF YORBA LINDA WASTEWATER RATE STUDY" dated Apri12010 and the attendant Staff Report dated April 20, 2010; and WHEREAS, on July 1, 2011, the City of Yorba Linda transferred and conveyed ownership of the City of Yorba Linda sewer system to the Yorba Linda Water District; and WHEREAS, the District wishes to adopt the rates previously adopted by the City of Yorba Linda for former City sewer users where the District's rate classifications are not compatible; and WHEREAS, under authority of California Water code Sections 31101 and 31102 the District may prescribe and collect charges for sewer services and facilities and may collect sewer charges in any lawful manner. NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District to adopt Sewer Maintenance Charges as follows: Section 1. The Yorba Linda Water District Sewer Maintenance Charge for Multi-Family Residential and Commercial/Industrial accounts transferred from the City of Yorba Linda as of July 1, 2011 is hereby approved and adopted as shown in Exhibit "A" and will remain in effect until superseded or repealed by a subsequent resolution, with a discretionary CPI increase capped at 5% per year. Resolution No. 11-17 Sewer Maintenance Charge 1 PASSED AND ADOPTED this 28th day of July 2011 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Michael J. Beverage, President Yorba Linda Water District ATTEST: Kenneth R. Vecchiarelli Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman, Behrens & Tague Resolution No. 11-17 Sewer Maintenance Charge 2 EXHIBIT "A" RATES FOR MULTI-FAMILY RESIDENTIAL, COMMERICAL/INDUSTRIAL ACCOUNTS TRANSFERRED FROM CITY OF YORBA LINDA AS OF JULY 1, 2011 Multi-Family (per dwelling Unit) $21.30 Commercial: Monthly Fixed Charge See Below Commodity Rate ($/HCF)* $.176 "Based on 90% of 2010 water usage MONTHLY FIXED SERVICE CHARGE FOR COMMERCIAL/INDUSTRIAL CLASS Meter Size Annual Rate 5/8" $ 14.41 3/4" $ 21.02 1" $ 27.54 1 1/2" $ 67.01 2" $ 106.49 3" $ 211.69 4" $330.11 6" $ 658.94 8" $1,053.59 RESOLUTION NO. 11-18 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ELECTING TO HAVE CERTAIN SEWER MAINTENANCE CHARGES COLLECTED ON THE FISCAL YEAR 2011/12 TAX ROLL AND SUPERCEDING RESOLUTION 10-14 WHEREAS, Resolution No. 11-17 set out sewer rates for the Yorba Linda Water District ("District") and via Resolution 07-13 these rates are in compliance with substantive and procedural requirements of Proposition 218 (California Constitution Art. X111 D); and WHEREAS, under the authority of the California Water Code Sections 31100 the District may provide sewer service to property located outside the District boundaries and the District's Regulations for Rendition of Sanitary Sewer Service include a provision that a sewer maintenance charge is adopted by Resolution; and WHEREAS, under authority of California Water Code Sections 31101 and 31102 the District may prescribe and collect charges for sewer services and facilities and may collect sewer charges in any lawful manner; and WHEREAS, under California Health and Safety Code Sections 5471 and 5473 may elect to have the County of Orange Auditor/Controller collect sewer charges on the Orange County Property Tax Roll. NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District to adopt Sewer Maintenance Charge as follows: Section 1. The Board of Directors elects to have the County of Orange Auditor/Controller collect the charges fixed herein on the tax roll in the same manner, by the same persons, and at the same time and together with and not separately from County of Orange taxes. Section 2. The General Manager or his designee is authorized and directed to file with the County of Orange Auditor/Controller a copy of this Resolution together with the listing of parcel numbers and amounts of charges shown in Exhibit "A" and such other documentation as the County Auditor/Controller may require in order to accomplish the purposes of this Resolution. Section 3. Resolution No. 10-14 is superseded effective immediately by the adoption of this Resolution. Resolution No. 11-18 Electing to Have Certain Sewer Maintenance Charges Collected on the FY 2011/12 Tax Roll 1 PASSED AND ADOPTED this 28th day of July 2011 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Michael J. Beverage, President Yorba Linda Water District ATTEST: Kenneth R. Vecchiarelli Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman, Behrens & Tague Resolution No. 11-18 Electing to Have Certain Sewer Maintenance Charges Collected on the FY 2011/12 Tax Roll 2 ITEM NO. 13.1 AGENDA REPORT Meeting Date: July 28, 2011 Subject: Executive-Administrative-Organizational Committee (Beverage/Hawkins) Minutes of meeting held July 19, 2011 at 4:00 p.m. Meeting scheduled August 15, 2011 at 12:00 p.m. ATTACHMENTS: Name: Description: Type: 071911 EAO - Minutes.doc EAO Mtg Minutes 07/19/11 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT EXEC-ADM IN-ORGANIZATIONAL COMMITTEE MEETING July 19, 2011 A meeting of the Executive-Administrative-Organizational Committee was called to order by Director Beverage at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Michael J. Beverage, Chair Steve Conklin, Engineering Manager Director Phil Hawkins Damon Micalizzi, Public Info Officer Art Kidman, District Legal Counsel 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Status Report on Negotiations with OCTA for Lakeview Grade Separation Project. Mr. Conklin reported on the July 6 meeting that he and Eddy Beltran, District Legal Counsel, had with staff of OCTA and their legal counsel. He indicated that OCTA will review YLWD's information provided and discussed in the meeting and respond to YLWD by the end of July with its latest position or offer on payment of costs to relocate YLWD water facilities. Following discussion, the Committee indicated that they will consider contacting members of the OCTA Board regarding the payment issue, depending on the response received from OCTA staff. 2.2. Board Tablet PC Reimbursement Policy Mr. Conklin reported that, at the direction of the Board, staff has developed a draft policy for the acquisition of tablet PCs for the Board to receive and review digital District Board agenda packets and other District documents, in place of receiving paper copies. The Committee reviewed the draft policy. In the ensuing discussion regarding ownership of the device and privacy issues, it was noted that MWD and O.C. Sheriff's Department have tablet PCs for board members and senior staff. The Committee asked staff to obtain copies of policy documents from these two agencies and forward them to District legal counsel. Counsel was asked to review the documents of other agencies as well as other related information and provide a report at the next Exec Committee meeting. 1 2.3. YLWD Contracts Review Mr. Conklin reported that at the request of the Board, staff prepared a list of all contracts and agreements that are currently active. The Committee requested that Legal Counsel review the list and provide any comments at the next Exec Committee meeting. The Committee asked that all agreements and contracts (including those approved by the General Manager) be reviewed by Legal Counsel before being brought to a committee or the Board for review and action. The Committee also asked that staff prepare a list of agreements that are currently in preparation and provide that information to the Exec Committee. 2.4. Status Report on Committee Specific Strategic Plan Initiatives Mr. Conklin reported that as part of the 2011/13 Strategic Plan, each Board Committee has been assigned specific initiatives to oversee. Provided to the Exec Committee was a list of those for its oversight. It was noted that next month, progress made in July will be reported to the Committee. 2.5. Third Report on 2011 Legislative Bills A copy of the above was provided for the Committee's review and discussion, as prepared by District Legal Counsel. No action was requested. 2.6. General Counsel's Monthly Summary Report The summary of legal expenses, year-to-date, was reviewed. The Committee asked Legal Counsel to provide further breakdown in future summary reports, to provide the Committee more information on the specifics. 2.7. Consultant/Lobbyist Services At the request of the Committee, Mr. Chris Townsend and Ms. Heather Dion of Townsend Public Affairs, Inc, joined the meeting at this time. A brief discussion followed concerning items with which Townsend Public Affairs may be able to provide assistance to the District. Following the discussion, Mr. Townsend was asked to prepare a proposal for consultant/lobbyist services for presentation and discussion at the next Committee meeting on August 15, 2011. 2.8. Future Agenda Items and Staff Tasks None. 3. ADJOURNMENT 3.1. The Committee adjourned at 6:00 p.m. The next regular meeting of the Executive-Administrative-Organizational Committee will be held August 15, 2011 at 12:00 p.m. 2 ITEM NO. 13.6 AGENDA REPORT Meeting Date: July 28, 2011 Subject: YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Hawkins) • Minutes of meeting held July 26, 2011 at 4:00 p.m. (To be provided at the meeting.) • Meeting scheduled September 27, 2011 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 072611 MWDOC OCWD - Minutes.doc MWDOC/OCWD Mtg Minutes 07/26/11 Minutes ITEM NO. 13.6. MINUTES OF THE YORBA LINDA WATER DISTRICT MWDOC AND OCWD JOINT AGENCY COMMITTEE MEETING July 26, 2011 A meeting of the YLWD/MWDOC/OCWD Joint Agency Committee was called to order at 4:10 p.m. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870. YLWD COMMITTEE MEMBERS YLWD STAFF Director Michael J. Beverage, Chair Ken Vecchiarelli, General Manager MWDOC COMMITTEE MEMBERS MWDOC STAFF Director Brett Barbre Kevin Hunt, General Manager OCWD COMMITTEE MEMBERS OCWD STAFF Director Roger Yoh Mike Markus, General Manager 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Availability of Replenishment Water Mr. Markus confirmed that MWD has made approximately 200,000 acre feet (AF) of Replenishment Water available to its member agencies, on a first come/first served basis through the end of the calendar year. Mr. Markus stated with confirmation from Director Barbre, that OCWD expressed desire and intent to take 110,000 AF of this surplus water through direct recharge and through in-lieu programs with their member agencies. The Committee members discussed that other MWD agencies also expressed desire to take advantage of this surplus water through various storage programs. However, OCWD is one of the only agencies with adequate funds to pay for this water without borrowing. Mr. Markus stated thus far, OCWD has taken approximately 23,000 AF through direct recharge at MWD's replenishment rate and about 12,000 AF through in- lieu operations by member agencies at a higher rate. This higher rate for in-lieu water is still lower than the full service MWD rate and the Committee discussed the issues MWD has encountered within its member agencies regarding these rates and storage programs. Mr. Markus identified the various MWD connections that make it possible to take water for direct recharge and noted which ones are most efficient with the lowest losses and highest water quality advantages. 1 2.2. Overall Status of Water Supply Various Committee members participated in recounting the excellent water supply conditions for the year, which continue to manifest in reservoir storage gains through MWD's storage facilities, the Colorado River Watershed, on the State Water Project System and in local groundwater basins. Director Beverage expressed concerns that the general public and most water ratepayers expect some relief from recent water rate increases due to this surplus water condition. He expressed his desire to see well-developed talking points that YLWD Board Members, members of the YLWD Citizens Advisory Committee and others in the water community could use to communicate the impacts of the near-term water supply situation, the cyclical water drought conditions experienced in Southern California and the cost factors that are causing the rates to continue to increase instead of decrease with the recent surplus. The Committee members agreed this public relations issue is particularly challenging. 2.3. Groundwater Replenishment System Expansion Mr. Markus reported OCWD received bids for the expansion of the GWRS. The low bid was $115M which is lower than the engineer's estimate. The OCWD Board will consider awarding the contract in September with the expansion operational by 2014. The system will expand the GWRS capacity from 70 MGD to 100 MGD. Director Beverage asked where the additional water will be used and where the primary benefits will be accessible. Mr. Markus reported the basin production percentage (BPP) gains expected along with the associated increase in the replenishment assessment (RA) to pay for the capital and operational costs for these upgrades. He also identified how this local resource would save the local OCWD agencies millions of dollars each year over the cost of imported water and other options. Mr. Hunt asked about the current and historical power costs of operating the existing GWRS and was surprised to hear they were averaging well below forecasts at approximately 8 cents per kilowatt hour. Mr. Markus explained the programs OCWD is involved in to maintain these low costs. 2.4. Proposed Consolidation of MWDOC and OCWD The Committee discussed the proposed consolidation discussions between the OCWD and MWDOC Boards and their respective positions on this concept. While no formal action has been taken, OCWD's Board has directed their staff to review this further. The joint agencies will continue to discuss this matter and may explore alternatives to increase efficiencies through resource sharing. Input from their respective member agencies is anticipated. 2 2.5. Annexation of YLWD to OCWD Mr. Markus reported the Notice of Preparation (NOP) of an Environmental Impact Report (EIR) for the annexations is expected to hit the streets by the end of this week. Comments will be due by the first part of September. The document is expected to take approximately nine months to one year to complete. 2.6. Future Agenda Items and Staff Tasks Mr. Vecchiarelli noted that YLWD staff is working on a proposal and cover letter for the OCWD Board to consider on a lease for a new groundwater well on OCWD property. This item may be ready for discussion by the next YLWD-MWDOC-OCWD Joint Agency Committee Meeting. 3. ADJOURNMENT 3.1. The Committee adjourned at 5:10 p.m. The next regular meeting of the YLWD-MWDOC-OCWD Joint Agency Committee will be held September 27, 2011 at 4:00 p.m. 3 ITEM NO. 15.1 AGENDA REPORT Meeting Date: July 28, 2011 Subject: Meetings from July 29, 2011 - August 31, 2011 ATTACHMENTS: Name: Dosciiption: Type: BOD - Activities Calendar.pdf BOD Activity Calendar Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: August 2011 Pub Affairs-Communications-Tech Committee Meeting Mon, Aug 1 12:OOPM Hawkins/Melton Planning-Engineering-Operations Committee Meeting Tue, Aug 2 4:OOPM Melton/Collett Yorba Linda City Council Tue, Aug 2 6:30PM Hawkins MWDOC/MWD Workshop Wed, Aug 3 8:30AM Melton/Staff OCWD Board Wed, Aug 3 5:30PM Kiley/Staff Board of Directors Workshop Meeting Thu, Aug 4 6:30PM WACO Fri, Aug 5 7:30AM Hawkins Finance-Accounting Committee Meeting Mon, Aug 8 4:OOPM Collett/Kiley Personnel-Risk Management Committee Meeting Tue, Aug 9 4:OOPM Kiley/Beverage Yorba Linda Planning Commission Wed, Aug 10 7:OOPM Kiley Board of Directors Regular Meeting Thu, Aug 11 8:30AM Exec-Admin-Organizational Committee Meeting Mon, Aug 15 12:OOPM Beverage/Hawkins Yorba Linda City Council Tue, Aug 16 6:30PM Melton MWDOC Board Wed, Aug 17 8:30AM Melton/Staff OCWD Board Wed, Aug 17 5:30PM Kiley/Staff Citizens Advisory Committee Meeting Mon, Aug 22 8:30AM Beverage Yorba Linda Planning Commission Wed, Aug 24 7:OOPM Collett Board of Directors Regular Meeting Thu, Aug 25 8:30AM 7/21/2011 10:02:39 AM