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HomeMy WebLinkAbout2012-09-13 - Board of Directors Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, September 13, 2012, 8:00 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Phil Hawkins, President Gary T. Melton, Vice President Michael J. Beverage Ric Collett Robert R. Kiley 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. COMMITTEE REPORTS 6.1. Citizens Advisory Committee (Beverage) Minutes of meeting held August 27, 2012 at 8:30 a.m. Meeting scheduled September 24, 2012 at 8:30 a.m. 7. 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. 7.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 7.2. Public Employee Discipline/Dismissal/Release Pursuant to Section 54957 of the California Government Code 8. 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. 8.1. Minutes of the Board of Directors Regular Meeting Held August 23, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$3,271,079.97. 8.3. Progress Payment No. 3 for the Yorba Linda Blvd Pipeline Project Recommendation: That the Board of Directors approve Progress Payment No. 3 in the net amount of$502,550.00 to Garcia Juarez Construction, Inc. for construction of the Yorba Linda Blvd Pipeline Project, Job No. 200817. 8.4. Final Progress Payment No. 8 for Well No. 20 Wellhead Equipping Project Recommendation: That the Board of Directors approve Final Progress Payment No. 8, in the net amount of$60,823.35, to Pascal & Ludwig Constructors and 10% retention of$6,758.15; 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 construction of the Well No. 20 Wellhead Equipping Project, Job No. 200711. 8.5. Final Progress Payment No. 17 for the Highland Booster Pump Station Replacement Project Recommendation: That the Board of Directors approve Final Progress Payment No. 17, in the net amount of$251,845.08, to Pacific Hydrotech Corporation and 10% retention of$27,982.79; 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 construction of the Highland Booster Pump Station Replacement Project, Job No. 200814. 8.6. Unaudited Financial Statements for the Period Ending June 30, 2012 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the Period Ending June 30, 2012. 8.7. Reschedule Board Meeting and Close District Offices in Observation of Veteran's Day Recommendation: That the Board of Directors reschedule the Board meeting on Thursday, November 22, 2012 to Wednesday, November 21, 2012 at 8:30 a.m. and close the District offices on Monday, November 12, 2012 in observance of Veteran's Day. 9. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 9.1. Yorba Linda High School Park Pipeline Relocation Recommendation: That the Board of Directors authorize execution of a PSA with Webb Associates in the not-to-exceed amount of$20,700 to provide professional engineering services for relocation of the 39-inch Bryant Cross Feeder pipeline. 9.2. Elective Water Meter Resizing Policy Recommendation: That the Board of Directors approve Policy No. 3040-12-01 allowing elective water meter resizing for customers. 9.3. Proposed Revision of Budgeted Positions Recommendation: That the Board of Directors adopt Resolution No. 12-20 Revising the Budgeted Positions for Fiscal Year 2012113 and Rescinding Resolution No. 12-15. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report 10.2. Directors' Report • UWI Annual Water Policy Conference - August 22-24, 2012 (Kiley) 10.3. Acting General Manager's Report 10.4. General Counsel's Report 10.5. Future Agenda Items and Staff Tasks 11. COMMITTEE REPORTS CONTINUED 11.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) • Minutes of meeting held August 22, 2012 at 3:00 p.m. • Meeting scheduled September 21, 2012 at 12:00 p.m. 11.2. Finance-Accounting Committee (Kiley/Hawkins) Minutes of meeting held August 27, 2012 at 4:00 p.m. Meeting scheduled September 26, 2012 at 4:00 p.m. 11.3. Personnel-Risk Management Committee (Beverage/Collett) • Minutes of meeting held September 6, 2012 at 10:00 a.m. (To be provided at the next regular Board meeting.) • Meeting scheduled October 9, 2012 at 4:00 p.m. 11.4. Planning-Engineering-Operations Committee (Collett/Kiley) • Minutes of meeting held September 6, 2012 at 3:00 p.m. (To be provided at the next regular Board meeting.) • Meeting scheduled October 4, 2012 at 3:00 p.m. 11.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of meeting held September 4, 2012 at 4:00 p.m. Meeting scheduled October 1 , 2012 at 4:00 p.m. 11.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) • Meeting scheduled September 25, 2012 at 4:00 p.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. ISDOC - August 30, 2012 (Kiley) 12.2. YL City Council - September 4, 2012 (Hawkins) 12.3. MWDOC/MWD Workshop - September 5, 2012 (Melton/Staff) 12.4. OCWD Board - September 5, 2012 (Kiley/Staff) 12.5. WACO - September 7, 2012 (Kiley) 12.6. YL Planning Commission - September 12, 2012 (Kiley) 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from September 14, 2012 - October 31, 2012 14. CONFERENCES, SEMINARS, AND SPECIAL EVENTS This section of the agenda is for the Board of Directors to authorize Director attendance at the listed events. 14.1. Joint Agency Emergency Planning Workshop - September 25, 2012 Recommendation: That the Board of Directors authorize Director attendance as observers at this event if desired. 14.2. OCWD Groundwater Adventure Tour - October 18, 2012 Recommendation: That the Board of Directors authorize Director attendance at this event if desired. 15. CLOSED SESSION CONTINUED 15.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court - Case No. 00486884) 15.2. Conference with Legal Counsel - Anticipated Litigation Pursuant to Subdivision (b) of Section 54956.9 of the California Government Code Number of Potential Cases: One (Confidential communication from ACWA/JPIA defense counsel regarding threat of new case against District.) 16. ADJOURNMENT 16.1. The next regular meeting of the Board of Directors will be held Thursday, September 27, 2012 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. 6.1 AGENDA REPORT Meeting Date: September 13, 2012 Subject: Citizens Advisory Committee (Beverage) Minutes of meeting held August 27, 2012 at 8:30 a.m. • Meeting scheduled September 24, 2012 at 8:30 a.m. ATTACHMENTS: Name: Description: Type: 082712 - CAC Minutes.docx CAC Mtg Minutes 08/27/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING August 27, 2012 CALL TO ORDER A meeting of the Citizens Advisory Committee was called to order at 8:30 a.m. by Daniel Mole. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE MEMBERS PRESENT Bill Guse Lindon Baker Cheryl Spencer-Borden Modesto Llanos Daniel Mole Oscar Bugarini Greg Meyers Rick Buck Joe Holdren YLWD DIRECTORS PRESENT YLWD STAFF PRESENT Michael J. Beverage, Director Steve Conklin, Acting General Mgr Cindy Botts, Management Analyst OTHER VISITORS Art Kidman, Partner, Kidman Law LLP Mark Shock Craig Young 1. PUBLIC COMMENTS Mr. Shock thanked Mr. Kidman for his statements at the Board of Directors meeting on Thursday, August 23, 2012 regarding the Cielo Vista development project. Mr. Kidman had reiterated that the District would like to see the multiple public agencies involved in the development project, work cohesively together for the betterment of the current and future residents. 2. DISCUSSION ITEMS 2.1. Conclusion of Litigation for Freeway Complex Fire Mr. Kidman presented a PowerPoint on the progression of the litigation for the Freeway Complex Fire, from the initial lawsuits to the conclusion of current litigation. 2.2. Article for Autumn Issue of Customer Newsletter Mr. Conklin presented the first article in the District's Water 101 series, "Water Categories," for the Committee's review. Mr. Llanos suggested future article ideas and requested that the District include the water composition percentages in this article. 1 2.3. OCWD Groundwater Adventure Tour— October 18, 2012 Mr. Conklin presented information on the OCWD Groundwater Adventure Tour and requested that any Committee members interested in attending please advise the District as soon as possible to reserve a spot. 2.4. Future Agenda Items • September 2012 - YLWD Sewer System • October 2012 - OCFA Presentation • November 2012 - MWDOC Presentation • December 2012 - Reorganization of Committee, possibly move the meeting earlier in the month to adjust for the holiday, OCWD Presentation (in progress). 3. ADJOURNMENT 3.1. The Committee adjourned at 10:32 a.m. The next regular meeting of the Citizens Advisory Committee will be held Monday, September 24, 2012 at 8:30 a.m. 2 ITEM NO. 8.1 AGENDA REPORT Meeting Date: September 13, 2012 Subject: Minutes of the Board of Directors Regular Meeting Held August 23, 2012 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Description: Type: 082312 BOD - Minutes.doc BOD Mtg Minutes 08/23/12 Minutes Approved by the Board of Directors of the Yorba Linda Water District 9/13/2012 MB/RC 5-0 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, August 23, 2012, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The August 23, 2012 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins 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 President Hawkins led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Phil Hawkins, President Steve Conklin, Acting General Manager Gary T. Melton, Vice President Lee Cory, Operations Manager Michael J. Beverage Gina Knight, HR/Risk Manager Robert Kiley Stephen Parker, Finance Manager Annie Alexander, Executive Secretary DIRECTORS ABSENT Ric Collett ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Nancy Rikel, Councilmember, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP Kurt Yeager, Bond Counsel, Stradling Yocca Carlson & Rauth Tom DeMars, Managing Principal, Fieldman Rolapp & Associates Joshua Lentz, Assistant Vice President, Fieldman Rolapp & Associates 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS None. 1 6. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Kiley, to approve the Consent Calendar. Motion carried 4-0-1 with Director Collett being absent. 6.1. Minutes of the Board of Directors Meeting August 8, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Minutes of the Board of Directors Regular Meeting Held August 9, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 6.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,598,077.26. 6.4. ACWA/JPIA Workers' Compensation Program Renewal for FY 2012/13 Recommendation: That the Board of Directors approve the ACWA/JPIA Workers' Compensation Program renewal and estimated deposit premium of$104,393.56 for July 1, 2012 through June 30, 2013. 6.5. ACWA/JPIA General Liability Insurance Deposit Premium for the October 1, 2012 to September 30, 2013 Policy Year and Retrospective Allocation Point Recommendation: That the Board of Directors approve the ACWA/JPIA General Liability Insurance deposit premium for the policy year October 1, 2012 through September 30, 2013 in the amount of $215,272 and continue with the Retrospective Allocation Point of$25,000. 6.6. Internet Services Upgrade Recommendation: That the Board of Directors authorize staff to upgrade internet services from Business Class Cable Internet to Dedicated Internet Access with Time Warner Cable for a monthly cost of $999.00 plus taxes and fees. 2 7. ACTION CALENDAR 7.1. Response to OC Grand Jury Report: "Transparency Breaking Up Compensation Fog — But Why Hide Pension Costs?" Mr. Conklin explained that the OC Grand Jury had released a report regarding its opinion of the transparency of pension costs on local government websites. The District is required to respond to the findings in this report by September 12, 2012. The draft response being presented to the Board for consideration was previously reviewed by the Executive- Administrative-Organizational Committee with no revisions. Mr. Conklin then asked if the Board had any comments or suggestions. The Board did not have any revisions. Director Beverage made a motion, seconded by Director Melton, to approve the response to the Orange County Grand Jury's Report on transparency regarding pension costs. Motion carried 4-0-1 with Director Collett being absent. 7.2. Amending Employee Compensation Letters Mrs. Knight explained that the Board had previously approved compensation letters and pay plans for the Management and Supervisory/Confidential employees groups in April 2012. While discussing the implementation of the new compensation letters, staff discovered that one provision dealing with a new deferred compensation plan needed further clarification as it would pose an administrative challenge for the person tracking this benefit. Staff is suggesting that Section XXI of both letters be revised to reflect that the District will match employee's contributions to the plan, dollar for dollar not to exceed 2% of an employee's bi-weekly salary. The Personnel-Risk Management Committee has reviewed this matter and supports staff's recommendation. Director Beverage made a motion, seconded by Director Melton, to adopt Resolution No. 12-17 Amending Resolution Nos. 12-07 and 12-08 to Clarify the Method of District Contributions to Employee Deferred Compensation Plans. Motion carried 4-0-1 on a roll call vote with Director Collett being absent. 7.3. Authorizing Line of Credit Mr. Parker explained that this matter was first presented to the Board at a workshop meeting in April 2012. On May 10, 2012 the Board voted to utilize Mr. Kurt Yeager from Stradling Yocca Carlson & Rauth as Bond Counsel to pursue establishing a line of credit. Since that time, Mr. Yeager has been working with staff and bond counsel from Wells Fargo regarding this matter. At this point, the languages of the note and credit agreement are substantially complete and in order to move forward staff is requesting that the Board authorize the Acting General Manager to complete the transaction with Wells Fargo. The terms of the line of credit have not changed since they were first reported and will be assessed an interest rate of One-Month LIBOR plus 90 basis points that would equate to 1.14% borrowing with a 3 year term. If the District were not to utilize the 3 line of credit, an unused annual commitment fee of 35 basis points (or $24,500) would be charged. The line of credit would be subordinate to the District's 2008 COP's and 2012 Revenue Refunding Bonds. This matter was presented to the Finance-Accounting Committee excluding the agreements as they were just made available in the last few weeks. Director Kiley made a motion, seconded by Director Melton, to adopt Resolution No. 12-18 Authorizing a Line of Credit in an Amount Up To $7,000,000 and Making Certain Other Findings in Connection Therewith, and Approving Execution and Delivery of Certain Documents in Connection Therewith, and Authorizing the General Manager to Carry Out Such Agreement. Motion carried 4-0-1 on a roll call vote with Director Collett being absent. 7.4. Revenue Refunding Bonds, Series 2012A Mr. Parker explained that the Board agreed to move forward with advance refunding of the 2003 COP's back in April 2012. Since that time, staff has been working with Messrs. Tom DeMars and Joshua Lentz, financial advisors for Fieldman Rollap & Associates, regarding this matter. The terms of the advance refunding have also improved. Staff originally expected the District to realize an annual savings of approximately $25,000 and based on current market conditions, this could be as much as $45,000. This amount could change between now and when the bonds are sold, though it should not be significant. As the bond documents were numerous and quite lengthy, staff posted them on the District's website instead of providing them in the Director's agenda packets. Director Beverage made a motion, seconded by Director Kiley, to adopt Resolution No. 12-19 Authorizing the Issuance of Not to Exceed $10,000,000 Refunding Revenue Bonds, Series 2012A, and Approving the Execution and Delivery of Certain Documents in Connection Therewith and Certain Other Matters. Motion carried 4-0-1 on a roll call vote with Director Collett being absent. Messrs. Yeager, DeMars and Lentz left the meeting at this time. 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report None. 8.2. Directors' Report Director Kiley reported that he was attending the UWI conference in San Diego. Director Kiley noted that the topics presented during the first day of the conference included the Bay-Delta, the Delta Plan and issues related to the Colorado River. Director Beverage reported that he was unopposed for re-election and would be serving on the Board for another 4 years. 4 8.3. Acting General Manager's Report Mr. Conklin reported that the staff luncheon and horseshoe tournament held earlier that month had been a success. Ms. Joann Gitmed and Mr. Jeff McDonald won the tournament. As Ms. Gitmed is now working for another agency, Mr. Nick Isbell and Mr. McDonald will be representing the District at the annual OCWA barbecue and horseshoe tournament in the fall. Mr. Conklin further reported that Mr. Anthony Manzano would be attending the public information meeting being held later that evening at the Travis Ranch Elementary School regarding the proposed Esperanza Hills housing development. Director Hawkins stated that he also planned to attend this meeting. Mr. Conklin added that the pipeline construction project on Yorba Linda Boulevard continues to move along very well. Construction of all of the main line on Yorba Linda Boulevard is now complete. The contractor is now paving and potholing and will now begin the transverse crossing into the Gun Club Road site. The contractor's schedule indicates that they expect to complete this work by the end of next week. All of the major construction should be finished before Labor Day. Staff is very pleased with the progress made on this project. Mr. Conklin then responded to questions from the Board regarding lane openings, traffic control and final paving in the construction area. Mr. Conklin concluded his comments and advised the Board that he would be out of the office September 10-17, 2012. Mrs. Knight will provide staff oversight during Mr. Conklin's absence as well as lead the Board meeting on September 13, 2012. 8.4. General Counsel's Report Mr. Kidman stated that following his comments, he was going to ask Mr. Beltran to provide the Board with a report on a bill that had recently surfaced. Mr. Kidman briefly commented on his long standing working relationship with Mr. Yeager. Mr. Beltran then reported on Governor Brown's efforts regarding CEQA reform. 8.5. Future Agenda Items and Staff Tasks None. 9. COMMITTEE REPORTS 9.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of the meeting held August 22, 2012 at 3:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled September 21, at 12:00 p.m. 9.2. Finance-Accounting Committee (Kiley/Hawkins) Next meeting is scheduled August 27, 2012 at 4:00 p.m. 5 9.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of the meeting held August 7, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled September 6, 2012 at 10:00 a.m. 9.4. Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of the meeting held August 2, 2012 at 3:00 p.m. were provided in the agenda packet. Next meeting is scheduled September 6, 2012 at 3:00 p.m. 9.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of the meeting held August 6, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled September 4, 2012 at 4:00 p.m. 9.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) Next meeting is scheduled September 25, 2012 at 4:00 p.m. 9.7. Citizens Advisory Committee (Beverage) Next meeting is scheduled August 27, 2012 at 8:30 a.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. MWDOC Board —August 15, 2012 (Staff) Staff was unable to attend this meeting. 10.2. OCWD Board — August 15, 2012 (Staff) Staff was unable to attend this meeting. 10.3. YL Planning Commission — August 15, 2012 (Kiley) Director Kiley attended and reported that the City had been awarded a grant from CalTrans in the amount of $240,000 for a land use and transportation study in the Savi Ranch area as well as another grant in the amount of $250,000 for disaster issues. Director Kiley stated that he provided the Commission with a copy of the letter from OCFA regarding the proposed Cielo Vista housing development project. 6 10.4. YL City Council —August 21, 2012 (Melton) Director Melton attended and noted that there was a large number of people present as the Council was considering an extension to a ground lease agreement between the City and the YL Friends Church. The church was given an additional 120 days to secure funding for construction of a high school on the property. Director Melton further reported that he responded to several questions from other attendees regarding the Cielo Vista project and OCFA's requirements as well as the District's pump station project on Gun Club Road. Director Melton then asked Councilmember Rikel to report on the Council's decision regarding the proposed rezoning of property owned by the PYLUSD. Councilmember Rikel stated that the Council decided not to consider rezoning the property until the School District was ready to propose a new development on the site. Councilmember Rikel further added that the Council decided to construct the new library facility outside of the Town Center Civic/Cultural Arts and Public Facilities District. Several other sites for the new facility are being considered including the strawberry field behind Stater Brothers. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from August 24, 2012 — September 30, 2012 The Board reviewed the activity calendar and made no changes. 12. CLOSED SESSION The meeting was adjourned to Closed Session at 9:04 a.m. Following a brief recess, the Closed Session began at 9:10 a.m. All Directors were present. Also present were Messrs. Conklin, Kidman, Beltran and Mrs. Knight. 12.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: °, ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court — Case No. 00486884) 12.2. Conference with Legal Counsel — Anticipated Litigation Pursuant to Subdivision (b) of Section 54956.9 of the California Government Code Number of Potential Cases: One Existing Facts and Circumstances under Section 54956.9(b)(3)(B): Dispute with Orange County Transportation Authority over payment of cost to relocate District water pipelines to make way for construction of Lakeview Avenue overcrossing of ATSF rail tracks and Orangethorpe Avenue. 7 The Board reconvened in Open Session at 9:30 a.m. President Hawkins announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 13. ADJOURNMENT 13.1. The meeting was adjourned at 9:31 a.m. An additional Board of Directors meeting to conduct a Closed Session has been scheduled for Wednesday, September 5, 2012 at 9:00 a.m. The next regular meeting of the Board of Directors will be held Thursday, September 13, 2012 at 8:30 a.m. Annie Alexander Assistant Board Secretary 8 ITEM NO. 8.2 AGENDA REPORT Meeting Date: September 13, 2012 Budgeted: Yes To: Board of Directors Funding Source: All Funds From: Steve Conklin, Acting General Manager Presented By: Stephen Parker, Finance Dept: Finance Manager Prepared By: Maria Trujillo, Accounting Assistant I Subject: Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $3,271,079.97. DISCUSSION: The wires and major items on this disbursement list are as follows: A wire of $93,552.84 to ACWA/JPIA for September health premium; a wire of$56,774.64 to Southern California Edison for August services on all sites; a wire of $1,336,536.87 to MWDOC for July water purchase; a check of $215,272.00 to ACWA/JPIA for Fiscal Year 2012-2013 Liability and Automobile insurance premium; a check of $502,550.00 to Garcia Juarez Construction for YL Blvd Pipeline progress payment; a check of $251,845.08 to Pacific Hydrotech Corporation for Highland Booster Station final progress payment; and, a check of $60,823.35 to Pascal & Ludwig Constructors for Well 20 final progress payment. The balance of$321,798.58 is routine invoices. The Accounts Payable check register total is $2,839,153.36; Payroll Nos. 17 and 18 totals are $224,647.42 and $207,279.19, respectively; and, the disbursements of this agenda report are $3,271,079.97. A summary of the checks is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Name Description: Type: CkReg91312 BOD.pdf Check Register Backup Material 12-CS 913.doc Cap Sheet Backup Material 12 CC 913.xls Credit Card Summary Backup Material Approved by the Board of Directors of the Yorba Linda Water District 9/13/2012 MB/RC 5-0 Yorba Linda Water District Check Register For Checks Dated : 8/24/2012 thru 9/13/2012 Check No. Date Vendor Name Amount Description 59865 09/13/2012 1st Enterprise Bank 27,982.79 HIGHLAND BSTR FINAL RTNTN 59761 09/13/2012 ACWA/JPIA 215,272.00 JPIA PREM 12-13 LIAB/AUTO W82712 08/27/2012 ACWA/JPIA 93,552.84 HEALTH PREMIUM SEPTEMBER 59762 09/13/2012 Alternative Hose Inc. 202.80 WELL 18 HOSE REPAIR PARTS 59763 09/13/2012 Anaheim Wheel & Tire 175.00 VEHICLE MAINTENANCE 59764 09/13/2012 Ann Huong Nguyen 320.00 AWWA WTR ED SEM NGUYEN,A 59765 09/13/2012 Anixter Inc. 657.30 PANELS ETC 59766 09/13/2012 Anthem Blue Cross EAP 168.63 ANTHEM BC EAP 59767 09/13/2012 Aqua-Metric Sales Co. 1 ,654.66 2" OMNI METER 59768 09/13/2012 Aramark 1 ,281 .45 UNIFORM 59787 09/13/2012 ARC 386.89 PRINT/MAPS FOR EMRG BKS 59769 09/13/2012 Aspen Risk Management Group Inc 71743.75 SAFETY CONSULTANT 59771 09/13/2012 AT & T 45. 19 CIRCUIT 33984101725899 AUG 59770 09/13/2012 AT & T - Calnet2 3, 107.95 COMMUNICATION 712-811 59772 09/13/2012 Autoscribe Corporation 274.00 TRX/PAYMT VISION GTWY JUL 59773 09/13/2012 Bank Of America 807.38 YLWD VISA 59774 09/13/2012 Bistrot Massilia 290.00 REFUND OVRPYMT/FOG FEE 59775 09/13/2012 Bob Peters Fire Protection Inc 350.00 FIRE SPRINKLER SERVICE 59790 09/13/2012 BRENTSNIDER 125.90 CUSTOMER REFUND 59792 09/13/2012 C. Wells Pipeline 10,786.08 WHS STOCK 59777 09/13/2012 CalCard US Bank 6,481 .53 YLWD VISA CAL CARD 59776 09/13/2012 California Association Public 225.00 CAPIO DUES 2013 59751 09/13/2012 CARRIE TEXIERA 29.83 CUSTOMER REFUND 59778 09/13/2012 CDW Government, Inc 127.15 ERGO MOUSE/KEYBOARD 59779 09/13/2012 Chambers Group Inc. 1 ,630.00 HIDDEN HILLS RES JULY SVCS 59780 09/13/2012 Citizen's Business Bank 6,758.15 WELL 20 FINAL, RETENTION 59781 09/13/2012 City Of Placentia 761 .75 ROW PERMIT,FALSE ALARM FEE 59782 09/13/2012 City Of Placentia 4,592.78 SEWER FEES/PLACENTIAAUG 59783 09/13/2012 Clinical Lab. Of San Bern. 2,925.00 LAB ANALYSES 59784 09/13/2012 Coastline Equipment 408.48 UNIT 145 FITTINGS ETC 59785 09/13/2012 Cogsdale Services Corporation 5,058.75 TRG/CSM,SMARTLIST,OTHERS 59786 09/13/2012 Community Bank 26,450.00 PALM AVE BPS PP3 RTNTN AUG 59758 09/13/2012 COPP CONTRACTING 848.88 CUSTOMER REFUND 59788 09/13/2012 Costco 110.00 COSTCO MEMBERSHIP/YLWD 59808 09/13/2012 Costco Online 42.96 EMP APPRECIATION 59791 09/13/2012 Culligan of Santa Ana 1 ,665.85 WTR SOFTENER SVC 59794 09/13/2012 Dean Criske Trucking 1 ,195. 10 ROAD MATL 59793 09/13/2012 Dell Marketing L.P. 836.13 PORT E:XP MODULE 59796 09/13/2012 E. G. Brennan & Co., Inc 392.13 SIGNATURE PLATE 59795 09/13/2012 Economy Radiator Repair 125.00 UNIT 145 REPAIR RADIATOR 59797 09/13/2012 Eisel Enterprises, Inc. 838.35 437 2PC COVER,READING LID 59798 09/13/2012 Equarius Waterworks 10,814.38 METER R9001 59760 09/13/2012 ERSI REMEDIATION & DEMOLITION 846.78 CUSTOMER REFUND 59801 09/13/2012 EyeMed 1 ,354.72 VISION SEPTEMBER 59799 09/13/2012 Fairway Ford Sales, Inc. 256.97 MISC VEHICLE PARTS 59800 09/13/2012 Federal Express 38.98 FEDE:X CHARGES JULY 59802 09/13/2012 Fleet Services, Inc 20.99 UNIT 172 UNIVERSAL RELAY 59803 09/13/2012 Flex Advantage 372.50 FLEX A/C PROC, ADMIN FEE 59804 09/13/2012 Fry's Electronics 432.92 MISC IT,SCADA SUPPLIES 59805 09/13/2012 Garcia Juarez Construction Inc 502,550.00 PALM AVE PROG PAY AUG 2012 59806 09/13/2012 Graybar Electric Co 228.85 CHLOR GEN SYS 59807 09/13/2012 Haaker Equipment Co. 17,297.48 U# 154 RPL PARTSNACTOR TRK 59749 09/13/2012 HARDY & HARPER INC 520.88 CONSTRUCTION MTR REFUND 59809 09/13/2012 Infosend Inc. 6,045.20 BILL MAILING ,INSERTS 59814 09/13/2012 1 & S Construction 6, 155.00 CONCRETE REPAIR 59810 09/13/2012 Jackson's Auto Supply - Napa 346.43 VEHICLE MAINTENANCE PARTS 59811 09/13/2012 Jennifer Hill 80.00 CERT DISTRIBTN II HILL,J 59812 09/13/2012 Jesus Sosa 60.00 CERT DISTRIBUTION II SOSA 59753 09/13/2012 JILL M BOLAND 40.81 CUSTOMER REFUND 59813 09/13/2012 John Bogosian 41148.37 SCAN TOOL ETC 59752 09/13/2012 KHANH NGUYEN 35.27 CUSTOMER REFUND 59815 09/13/2012 Kidman Law 143.50 UPPR CASINO RDG LEGAL JULY 59816 09/13/2012 Kimco Staffing Services Inc 756.66 TEMP HELP-ACCTG 59817 09/13/2012 Konica Minolta Business 638.99 COPY CHARGE C220,C552 59818 09/13/2012 Liebert Cassidy Whitmore 20,034.20 JULY SERVICES 59755 09/13/2012 MARIANNE STWALLEY TR 30.67 CUSTOMER REFUND 59750 09/13/2012 MARK HERMANN 17.47 CUSTOMER REFUND 59819 09/13/2012 Mc Fadden-Dale Hardware 983.29 PURCH AUGUST 59820 09/13/2012 Minuteman Press 91 .59 BUSINESS CARDS CONKLIN 59821 09/13/2012 Morton Salt, Inc. 21474.03 CRYSTAL MED SALT 59822 09/13/2012 Mouse Graphics 6,711 .75 WATER ATLAS MAPS 59823 09/13/2012 Municipal Water District 18,335.00 CHOICE PROG ,SMART TIMER W91312 09/13/2012 Municipal Water District 1 ,336,536.87 WATER PURCH JULY 2012 59824 09/13/2012 Muzak LLC 70.88 MUZAK VOICE SEPTEMBER 59825 09/13/2012 MWH Americas, Inc. 41332.50 HIGHLAND BSTR STN JUN-JUL 59826 09/13/2012 National Notary Association 33.00 NOTARY PUBLIC BOND RENEWAL 59827 09/13/2012 Nickey Kard Lock Inc 6,468.50 FUEL AUGUST 59828 09/13/2012 Nickey Petroleum Co Inc 568.27 MOBIL DTE BB 59829 09/13/2012 Nicole Dalton 161 .02 EDUC SMR 2012 DALTON,N 59830 09/13/2012 Nobel Systems 6,000.00 SEWER/GIS CONV 59831 09/13/2012 Office Solutions 483.85 SCISSORS, TONER 59832 09/13/2012 One Stop Parts Source 70.43 UNIT 181 BRAKE PADS 59833 09/13/2012 Orange County Sanitation District 730.17 FOG/BMP INSP OCHCA 11 -12 04 59834 09/13/2012 Orange County Water District 71584.23 EIR SVCS #7 4/28-5/25/12 59835 09/13/2012 Orvac Electronics 239.30 SCADA COMPONENTS 59842 09/13/2012 P.T.I. Sand & Gravel, Inc. 1 ,288.74 ROAD MATL 59836 09/13/2012 Pacific Hydrotech Corporation 251 ,845.08 HIGHLAND BSTR FINAL MAY-AUG 59837 09/13/2012 Parts Source Anaheim 16.43 HEATER HOSE 59838 09/13/2012 Pascal & Ludwig Constructors, Inc 60,823.35 WELL 20 FINAL MAY-AUG 59839 09/13/2012 Powerstride Battery 377.48 BATTERY 59754 09/13/2012 PRADEEP BHADSAVLE 40.02 CUSTOMER REFUND 59840 09/13/2012 Praxair Distribution 119. 15 ALL ENGINES/CYLINDER RENTAL 59757 09/13/2012 PRIME BUILDING CONSTRUCTION 226.62 CUSTOMER REFUND 59841 09/13/2012 Prudential Group Insurance 3,160.13 Lrr DISABILITY SEPTEMBER 59732 08/31/2012 Quantum Automation (31 .25) VOID CHECK-ITEM RETURNED 59843 09/13/2012 Quinn Power Systems Associates 62598.61 FAIRMONT #1 PARTS ETC 59756 09/13/2012 R 1 NOBLE COMPANY 934.76 CUSTOMER REFUND 59844 09/13/2012 Refrigeration Air Conditioning 1 ,281 .03 DRAIN PUMP/INSTALL,REPAIR 59845 09/13/2012 Rescue 411 11295.00 CPR/FIRST AID TRAINING 59846 09/13/2012 Reynaldo Tobias 145.00 AWWA CONF TOBIAS 59847 09/13/2012 Robert Kiley 316.35 UWI CONFERENCE KILEY 59789 09/13/2012 RUBEN GRANADOS 72. 17 CUSTOMER REFUND 59848 09/13/2012 Rutan & Tucker, LLP 465.00 FIRE CASES JULY 59849 09/13/2012 Safelite Autoglass 218. 12 UNIT 166 WINDSHIELD 59759 09/13/2012 SCB CONSULTANTS, INC 694.40 CUSTOMER REFUND 59850 09/13/2012 Selman Chevrolet Company 114.00 UNIT 161 INTAKE DUCT 59851 09/13/2012 Shred-It USA Inc 87.51 CONFIDENTIAL DOC SHRED 59852 09/13/2012 SHRM 180.00 SHRM DUES 2013 KNIGHT 59853 09/13/2012 Siemens Industry 558.92 PM KIT TOTAL CHLORINE 59854 09/13/2012 South Coast AQMD 1 ,279.23 EMISSION, ICE FEES 59855 09/13/2012 Southern Calif Edison Co. 184.09 PLUMOSA UTILITY AUGUST W91012 09/10/2012 Southern Calif Edison Co. 56,774.64 ELECTRICAL CHGS AUGUST 59856 09/13/2012 Southern Calif Gas Co. 4,204.66 AUGUST SERVICES ALL SITES 59857 09/13/2012 Staples Business Advantage 44.33 GENL SUPPLY 59859 09/13/2012 Stephen Parker/ Petty Cash 415.29 PETTY CASH/OFFICE,YARD 59858 09/13/2012 Steven Engineering 4,528.66 SWITCH SMCS 59860 09/13/2012 Strophe America Inc 20.00 TRAVEL/HR TRAINING 59861 09/13/2012 Sunrise Medical Group 120.00 HEPA B LARSON 59862 09/13/2012 Time Warner Cable 447.32 HIGH-SPEED O/L 59748 09/13/2012 TOLL BROTHERS INC 725.00 CUSTOMER REFUND 59863 09/13/2012 Townsend Public Affairs, Inc. 10,000.00 CONSULTING AUGUST,SEPT 59864 09/13/2012 Valverde Construction, Inc. 2,186.52 WTR MAIN REP/PALM-YL BLVD 59866 09/13/2012 Verizon Wireless 2,136.57 VERIZON AUGUST 59867 09/13/2012 Walters Wholesale Electric Co. 103.76 CABLE 59868 09/13/2012 Wells Supply Co 26,606.55 WHS STOCK 59869 09/13/2012 Western Highway Products, Inc. 589.23 SIGNSTAND 59871 09/13/2012 Westin Engineering, Inc. 3$ 15.00 CMMS CONSULTING JUL SVCS 59870 09/13/2012 Westside Building Material 315.76 PADLOCK 59872 09/13/2012 Wolverine Fence Co. Inc. 21500.00 FENCE REPAIR Total $2,8391153.36 September 13, 2012 CHECK NUMBERS: Void Checks 59732 $ (31.25) Computer Checks 59748-59872 $ 1 ,352,320.26 $ 1,352,289.01 WIRES: W-82712 ACWA/JPIA $ 93,552.84 W-91012 Southern Cal Edison $ 56,774.64 W-91312 MWDOC $1,336,536.87 $1,486,864.35 TOTAL OF CHECKS AND WIRES $ 2,839,153.36 PAYROLL NOS. 17 and 18: Direct Deposits $ 140,588.97 Third Party Checks 5359-5370 $ 44,733.16 Payroll Taxes $ 39,325.29 $ 224,647.42 Direct Deposits $ 154,586.81 Third Party Checks 5371-5378 $ 7,943.34 Payroll Taxes $ 44,749.04 $ 207,279.19 TOTAL OF PAYROLL $ 431,926.61 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $ 3,271,079.97 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF SEPTEMBER 13, 2012 ------------------------------------------------------------------ ------------------------------------------------------------------ Cash Rewards Credit Card Bank of America 8/24/2012-9/13/2012 Date Vendor Name Amount Description 08/27/12 Answer One 807.38 Answering service TOTAL 807.38 Cal Card Credit Card U S Bank 8/14/2012-9/05/2012 Date Vendor Name Amount Description 08/14/12 ABPA So Cal Chapter 100.00 ABPA Dues and Seminar Maldonado 08/14/12 Amazon.com 67.48 Desk cradles/Verizon phone 08/14/12 Tayhope 1,051.86 Multi-lock padlock system 08/14/12 Gail's Speedometer Svc 129.03 Unit 161 Speedometer repair 08/14/12 AER Technologies 321.36 Rebuild gauge cluster 08/15/12 4 Imprint 2,904.03 Floor Display/Promotional items 08/15/12 National Notary Assn 52.00 NNA dues Alexander 08/15/12 Home Depot 36.40 Misc Material 08/15/12 Home Depot 269.42 Tools, Misc matl 08/20/12 Harrington Industrial 317.63 CL2 Line Richfield 08/21/12 Stefano's 37.34 Lunch/Managers meeting 08/21/12 Grainger 32.37 Eyewash system dust caps 08/24/12 CSMFO 150.00 Budget Award submission fee 08/28/12 Water Education Found 45.00 Western Water E-subs/CAC 08/28/12 John Deere Landscapes 14.31 Landscape supplies 08/29/12 John Deere Landscapes 39.80 Sprinkler with check valve 08/29/12 Home Depot 820.93 Concrete 08/29/12 Home Depot 92.57 Landscape supplies TOTAL 6,481.53 ITEM NO. 8.3 AGENDA REPORT Meeting Date: September 13, 2012 Budgeted: Yes Total Budget: $2.25 M To: Board of Directors Cost Estimate: $1 .7 M Funding Source: All Water Funds From: Steve Conklin, Acting General Account No: 101-2700 Manager Job No: J-200817 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: No Prepared By: Joe Polimino, Project Engineer CEQA Compliance: MND Subject: Progress Payment No. 3 for the Yorba Linda Blvd Pipeline Project SUMMARY: Work continues on construction of the Yorba Linda Blvd Pipeline Project. It includes 5,170 lineal feet of 20-inch diameter water transmission main, various valves, blow-off and air-release installations in Yorba Linda Blvd. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 3 in the net amount of $502,550.00 to Garcia Juarez Construction, Inc. for construction of the Yorba Linda Blvd Pipeline Project, Job No. 200817. DISCUSSION: In accordance with the contract documents, Garcia Juarez Construction, Inc. submitted a request for Progress Payment No. 3, in the amount of $529,000.00 for completed work through August 31, 2012. During this period, the contractor maintained traffic controls and signs, and installed approximately 1850 lineal feet of 20-inch pipe. They also installed two butterfly valves and two 6- inch blow-off assemblies. The status of the construction contract with Garcia Juarez Construction, Inc. is as follows: • The current contract is $1 ,681,650.00 and 182 calendar days starting May 29, 2012. • If approved, Progress Payment No. 3 is $529,000.00 (31.5% of the total contract amount), less 5% retention of$26,450.00 for a net payment of $502,550.00. • If approved, total payments to date including retention will be $1,325,750.00 (78.8% of the total contract amount). • As of August 31, 2012, 95 calendar days were used (52.2% of the contract time). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 3 is attached for your reference. STRATEGIC PLAN: SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with adopted amendments PRIOR RELEVANT BOARD ACTION(S): The Board authorized the President and Secretary to execute a construction agreement in the amount of $1 ,681,650.00 for the Yorba Linda Blvd Pipeline Project with Garcia Juarez Construction, Inc. on May 24, 2012. The Board has approved two progress payments to date for this project, the last of which was approved on August 9, 2012. ATTACHMENTS: Description: Type: GJC YL BLVD Proiect Progress Pay Request 3.pdf YL Blvd. Pipeline Progress Payment 3 for GJC Backup Material Approved by the Board of Directors of the Yorba Linda Water District 9/13/2012 MB/RC 5-0 YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Yorba Linda Blvd.Pipeline Project PROGRESS PAY REQUEST NO. 003 LOCATION Yorba Linda,CA PROJECT NO. 200817 PAGE 1 OF 1 PAGES CONTRACTOR Garcia Juarez Construction DATE 8/27/12 ORIGINAL CONTRACT AMOUNT: $ 1,681,650.00 AUTHORIZED CHANGE ORDERS: $ - REVISED CONTRACT AMOUNT: $ 11681,650.00 PROGRESS PAY ESTIMATE FOR PERIOD August 1,2012 TO August 31,2012 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 796,750.00 $ 529,000.00 $ 1,325,750.00 CHANGE ORDER WORK COMPLETED $ - $ - $ _ TOTAL VALUE OF WORK COMPLETED $ 796,750.00 $ 529,000.00 $ 1,325,750.00 LESS RETENTION 5% $ 756,912.50 $ 502,550.00 $ 1,259,462.50 LESS OTHER DEDUCTIONS Electronic Wire Fees NET EARNED TO DATE $ 1,259,462.50 LESS AMOUNT PREVIOUSLY PAID $ 756,912.50 BALANCE DUE THIS ESTIMATE $ 502,550.00 NOTICE TO PROCEED May 29,2012 COMPLETION TIME 182 CALENDAR DAYS APPROVED TIME EXTENSIONS 0 CALENDAR DAYS TOTAL CONTRACT TIME 182 CALENDAR DAYS TIME EXPENDED TO DATE 95 CALENDAR DAYS TIME REMAINING 87 CALENDAR DAYS REQUESTED BY: DATE: /2 7//Z h7n.Project Manager,GJC e.RECOMMENDED: DATE: /Z 7 /—Z— Joe Polimino,Project Engineer,YLWD APPROVED BY: DATE: Steve Conklin,Engineering Manager,YLWD ITEM NO. 8.4 AGENDA REPORT Meeting Date: September 13, 2012 Budgeted: Yes Total Budget: $1,500,000 To: Board of Directors Cost Estimate: $1 ,134,109 Funding Source: Water Capital Reserves From: Steve Conklin, Acting General Account No: 101-2700 Manager Job No: 200711 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: No Prepared By: Joe Polimino, Project Engineer CEQA Compliance: Exempt Subject: Final Progress Payment No. 8 for Well No. 20 Wellhead Equipping Project SUMMARY: Work is completed on construction of the Well No. 20 Well Head Equipping Project. It includes installation of a new well head, pump and electric motor, electrical controls and equipment, a concrete well pad, various yard piping and new paving at the well site. STAFF RECOMMENDATION: That the Board of Directors approve Final Progress Payment No. 8, in the net amount of $60,823.35, to Pascal & Ludwig Constructors and 10% retention of $6,758.15; 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 construction of the Well No. 20 Wellhead Equipping Project, Job No. 200711. DISCUSSION: In accordance with the contract documents, Pascal & Ludwig Constructors submitted a request for Final Progress Payment No. 8 in the amount of$67,581 .50, which is the final payment for all work on the project through August 31, 2012. During this period, the contractor completed restoration work and all of the remaining contract items to complete the project. This is the final pay request for this project, as described: • The current contract is $1 ,145,203.00 and 245 calendar days starting September 29, 2011 (Includes Change Orders No. 1 through 3 and recently approved CO #4 (for $600) in accordance with the District's Purchasing Policy, all of which added a total of $11 ,094.00 and 125 calendar days). • If approved, Progress Payment No. 8 is $67,581 .50 (5.9% of the total contract amount), less 10% retention of$6,758.15 for a net payment of $60,823.35. . If approved, total payments to date including retention will be $1,145,203.00 (100% of the total contract amount). Staff reviewed the contractor's progress payment and recommend approval. A copy of Final Progress Payment No. 8 and CO#4 are attached for your reference. STRATEGIC PLAN: SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with adopted amendments PRIOR RELEVANT BOARD ACTION(S): The Board has approved seven progress payments to date for this project, the last which was approved May 24, 2012. ATTACHMENTS: Description: Type: P L Well 20 Final Progress Pay Request 8.0 Final Progress Pay Report No.8 for Well 20 Project Backup Material Approved C04 Well 20 P L.pdf Change Order No.4 Well 20 Project Backup Material Approved by the Board of Directors of the Yorba Linda Water District 9/13/2012 MB/RC 5-0 YORBA LINDA WATER DISTRICT FINAL PROGRESS PAY REPORT PROJECT Well 20 Project PROGRESS PAY REQUEST NO. 008 LOCATION Yorba Linda, CA PROJECT NO. 200711 PAGE 1 OF 1 PAGES CONTRACTOR Pascal& Ludwig Constructors DATE 8127/12 ORIGINAL CONTRACT AMOUNT: $ 1,134,109.00 AUTHORIZED CHANGE ORDERS: $ 11,094.00 REVISED CONTRACT AMOUNT: $ 1,145,203.00 PROGRESS PAY ESTIMATE FOR PERIOD May 1,2012 TO August 31,2012 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 1,067,127.50 $ 66,981.50 $ 1,134,109.00 CHANGE ORDER WORK COMPLETED $ 10,494.00 $ 600.00 $ 11,094.00 TOTAL VALUE OF WORK COMPLETED $ 1,077,621.50 $ 67,581.50 $ 1,145,203.00 LESS RETENTION 10% $ 969,859.35 $ 60,823.35 $ 1,030,682.70 LESS OTHER DEDUCTIONS Electronic Wire Fees NET EARNED TO DATE $ 1,030,682.70 LESS AMOUNT PREVIOUSLY PAID $ 969,859.35 BALANCE DUE THIS ESTIMATE $ 60,823.35 NOTICE TO PROCEED September 29,2011 COMPLETION TIME 120 CALENDAR DAYS APPROVED TIME EXTENSIONS 125 CALENDAR DAYS TOTAL CONTRACT TIME 245 CALENDAR DAYS TIME EXPENDED TO DATE 245 CALENDAR DAYS TIME REMAINING 0 CALENDAR DAYS REQUESTED BY: DATE: Bfyan wise Pr led Manager,Pascal&Ludwig v RECOMMENDED: ` — DATE: 27-7 Joe Polimino,Project Engineer,YLWD APPROVED BY: ag _ DATE: Steve Conklin,Engineering Maner,YLWD YORSA LINDA WATER DISTRICT CXAXG7= 0770F 3 H0. 4 i� lage 1 ®U CONTRACT NAME: Well No.20 Well Head Equipping Project CONTRACTAMT.: DAYS: 216 CONTRACTOR: Pascal and Ludwig Constructors THIS CHANGE: $600.00 DAYS: 0 (0.05%) OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $1,145,203.00 DAYS: 246 This Change Order covers changes to the subject contract as described herein.The Contractor shall construct,furnish equipment and materials,and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner. DESCRIPTION OF CHANGES +INCREASE CONTRACT TIME /OR +EXTENSION —DECREASE IN /OR- CONTRACT REDUCTION AMOUNT (DAYS) (S) Provide and install two additional limit switches on Cla-Vals,as requested by Rick Walkeme er for SCADA control. $600.00 0 NET CHANGE $600.00 0 REVISED CONTRACT AMOUNT AND TIME $1145,203.00 245 The amount of the contract will be increased edMeased+by the sum of$600.00 and the contract time shall be Increased 4desreased>by 0 calendar days.The undersigned Contractor approves the foregoing Change Order as to the changes,if any,in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work,and as to the extension of time allowed,if any,for completion of the entire work on account of said Change Order.The Contractor agrees to fumish all labor and materials and perform all other necessary work,inclusive of that directly or indirectly related to the approved time extension,required to complete the Change Order items.This document will become a supplement of the contract and all provisions will apply hereto.It is understood that the Change Order shall be effective when approved by the Owner. This Change Order constitutes full,final.and complete compensation to the Contractor for all costs, expenses, overhead, profit, and any damages of every kind that the Contractor may incur in connection with the above referenced changes in the work,including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By the execution of the Change Order,the Contractor accepts the contract price change and the contract completion date change,if any,and expressly waives any claims for any additional compensation,damages or time extensions,in connection with the above-referenced changes. RECOMMENDED: l IEXQ3NZRR OR DATE: P o�r, v 20 2i Doe Doll o,Project Engineer,YLWD ACCEPTED: (CONTRACTOR DATE: �2 104 1 Z n Ise r Ject Manager g Co tors APPROVED: DATE: (OWNER 2 7 �- Steve Conklin Acting General Manager,YLWD ITEM NO. 8.5 AGENDA REPORT Meeting Date: September 13, 2012 Budgeted: Yes Total Budget: $5.5 M To: Board of Directors Cost Estimate: $5.5 M Funding Source: Water Capital Reserves From: Steve Conklin, Acting General Account No: 101-2700 Manager Job No: J-200814 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: No Prepared By: Joe Polimino, Project Engineer CEQA Compliance: MND Subject: Final Progress Payment No. 17 for the Highland Booster Pump Station Replacement Project SUMMARY: Construction is completed on the Highland Booster Pump Station Project that includes 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 Final Progress Payment No. 17, in the net amount of $251,845.08, to Pacific Hydrotech Corporation and 10% retention of $27,982.79; 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 construction of the Highland Booster Pump Station Replacement Project, Job No. 200814. DISCUSSION: In accordance with the contract documents, Pacific Hydrotech Corporation submitted a request for Final Progress Payment No. 17 in the amount of $279,827.87, which is the final payment for all work on the project through August 31 , 2012. During this period, the contractor completed restoration work and all of the remaining contract items to complete the project. This is the final pay request for this project, as described: . The current contract is $4,682,413.94 and 390 work days (includes previously-approved Change Orders No. 1 through 3 and recently approved CO #4 (approved by Acting GM for $3,763.71 and zero work days, in accordance with the District's Purchasing Policy), all of which added a total of which added 104 work days and $156,613.94) starting November 1 , 2010. • If approved, Progress Payment No. 17 is $279,827.87 (6.0% of the total contract amount), less 10% retention of $27,982.79 for a net payment of$251,845.08. • If approved, total payments to date including retention will be $4,682,413.94 (100% of the total contract amount). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 17 is attached for your reference. STRATEGIC PLAN: SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with adopted amendments 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 sixteen progress payments to date for this project, the last of which was approved on May 24, 2012. ATTACHMENTS: Name: Description: Type: PHC Progress Pay 17 for Highland PS.pdf PHC Final Progress Payment No. 17 for Highland PS Backup Material PHC Change Order No.4 Highland Pump Station Approved C04 PHC Highland Booster Proiect.pdf Backup Material Project Approved by the Board of Directors of the Yorba Linda Water District 9/13/2012 MB/RC 5-0 YORBA LINDA WATER DISTRICT FINAL PROGRESS PAY REPORT PROJECT Highland Booster Station Replacement PROGRESS PAY REQUEST NO. 017 LOCATION Yorba Linda,CA PROJECT NO. 200814 PAGE 1 OF 1 PAGES CONTRACTOR Pacific Hydrotech Corporation DATE 8/27/2012 ORIGINAL CONTRACT AMOUNT: $ 4,525,800.00 AUTHORIZED CHANGE ORDERS: $ 156,613.94 REVISED CONTRACT AMOUNT: $ 4,682,413.94 PROGRESS PAY ESTIMATE FOR PERIOD May 1,2012 TO August 31,2012 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 4,272,900.00 $ 252,900.00 $ 4,525,800.00 CHANGE ORDER WORK COMPLETED $ 129,686.07 $ 26,927.87 $ 156,613.94 TOTAL VALUE OF WORK COMPLETED $ 4,402,586.07 $ 279,827.87 $ 4,682,413.94 LESS RETENTION 10% $ 468,241.39 LESS OTHER DEDUCTIONS Electronic Wire Fees $ - NET EARNED TO DATE $ 4,214,172.55 LESS AMOUNT PREVIOUSLY PAID $ 3,962,327.47 BALANCE DUE THIS ESTIMATE $ 251,845.08 NOTICE TO PROCEED November 1,2010 COMPLETION TIME 286 WORK DAYS APPROVED TIME EXTENSIONS 104 WORK DAYS TOTAL CONTRACT TIME 390 WORK DAYS TIME EXPENDED TO DATE 390 WORK DAYS TIME REMAINING 0 WORK DAYS (,.� REQUESTED BY: 20"J DATE: 8/27I201 Z Ronal iebe,Project Cgbr ina r,Pacific Hydrotech Corporation RECOMMENDED: C DATE: 2-7 Z V, Joe Polimino,Project Engineer,YLWD APPROVED BY: DATE: Steve Conklin,Engineering Manager,YLWD YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 4 DATE 8121112 Page 1 of 1 CONTRACT NAME: Highland Booster Station Project CONTRACT AMT.: $4,678,650.23 DAYS: 390 CONTRACTOR: Pacific Hydrotech Corporation THIS CHANGE: $3,763.71 DAYS: 0 PROJECT NO. J-200814 (0.08%) OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $4,682,413.94 DAYS: 390 This Change Order covers changes to the subject contract as described herein.The Contractor shall construct,furnish equipment and materials,and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner. DESCRIPTION OF CHANGES +INCREASE OR— CONTRACT DECREASE IN TIME CONTRACT +EXTENSION AMOUNT OR- S) REDUCTION (Work Days) Addition of 3#10 THHN copper conductor wires and 1#10 ground conductor wires from new pump station MCC to existing generator building,through conduit 19p,then utilize existing and new conduit to terminate at compressor.New conduit Inside generator building from exhaust fan to compressor and add new fused disconnect switch. $11.653.00 0 Addition of two new programmable logic controller(PLC)isolators,as required for proper SCADA operation. $I.M.00 0 Additional work for RFI#142,which added a new ball valve and purge port for the existing generator bulldi .Also indudes lowering a vault on west side of pump station. $3,763.71 0 Credit to District for deletion of fan in meter vault. $(2.1160.00) 0 Credit to District or deletion of exterior exhaust blankets on oas analne pinin-Q. f i in . $(3,162.00) 0 Credit i n of exterior sound test for the pump station, $(7,415.00) 0 NETCHANGE $3,763.71 0 REVISED CONTRACT AMOUNT AND TIME $4,682,413.94 390 The amount of the contract will be Increased<desreaseda by the sum of$3,763.71 and the contract time shall be Increased o9desreaseA>by 0 work days.The undersigned Contractor approves the foregoing Change Order as to the changes,if any,In the contract price spedAed for each Item including any and all supervision costs and other miscellaneous costs relating to the change in work,and as to the extension of time allowed,if any,for completion of the entire work on account of said Change Order.The Contractor agrees to furnish all labor and materials and perform all other necessary work,Inclusive of that directly or indirectly related to the approved time extension,required to complete the Change Order items.This document will become a supplement of the contract and all provisions will apply hereto.It h understood[hat the Change Order shall be effective when approved by the Owner. This Change Order constitutes full,final,and complete compensation to the Contractor for all costs,expenses, overhead, profit,and any damages of every kind that the Contractor may incur in connection with the above referenced changes in the work,including any impact on the referenced work of any other work under the contract,any changes in the sequences of any work, any delay to any work,any disruption of any work,any rescheduling of any work,and any other effect on any of the work under this contract. By the execution of the Change Order,the Contractor accepts the contract price change and The contract completlon date change,If any,and expressly waives any claims for any additional compensation,damages or time extensions,in connection with the abovedeferenoed changes. RECOMMENDED: %''�" %''` /ENGINEER It TA OR DATE: srSu TA NT I2^- G rnrr MiA hl M Project Manager,MWH ACCEPTED: /CONTRACTOR DATE: 81 2 , Pr ant,PHC APPROVED: (OWNER DATE: Z l ve Conklin, Acting General Manager,YLWD ITEM NO. 8.6 AGENDA REPORT Meeting Date: September 13, 2012 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Stephen Parker, Finance Dept: Finance Manager Prepared By: Delia Lugo, Senior Accountant Subject: Unaudited Financial Statements for the Period Ending June 30, 2012 SUMMARY: Presented are the Unaudited Financial Statements for the Period Ending June 30, 2012 for the District. STAFF RECOMMENDATION: That the Board of Directors receive and file the Unaudited Financial Statements for the Period Ending June 30, 2012. COMMITTEE RECOMMENDATION: The Finance-Accounting Committee reviewed this item at its meeting held August 27, 2012 and support staff's recommendation. DISCUSSION: For the period ending June 30, 2012, staff is presenting unaudited statements in the CAFR format. As all year-end accruals have been made, these numbers should not differ materially from what the audited CAFR will present next month. We have included the traditional budget-to-actual statements for the District as a whole, as well as the individual water and sewer funds. Water Operating Revenue fell short of the annual budget, at 93.7°/x. Other Operating Revenue exceeds the annual budget by 7.6%. This is primarily due to receiving unbudgeted revenue in relation to the Vista Del Verde development. An item to note is the Extraordinary Item in the amount of $5 million, which is a one-time District expense pertaining to the Freeway Complex Fire settlement. Sewer Other Operating Revenue is well over budget due to the Vista Del Verde development. Sewer Other Non-Operating revenue also exceeded the budget, primarily due to receiving $264,000 from the City of Yorba Linda for the Sewer Transfer. With the issuance of the 2003 and 2008 Certificates of Participation (COP's), the District covenanted "... to fix, prescribe and collect rates and charges for Water Service which will be at least sufficient to yield during each Fiscal Year, Net Revenues equal to 110% of the Debt Service for such Fiscal Year." Honoring these covenants allows the District to maintain high bond rating and provides confidence in the financial markets for any bond resales and future issuances. To confirm the covenant is upheld, a calculation is made quarterly and presented to the Finance- Accounting Committee and received and filed by the Board of Directors. Accordingly, the unaudited debt service ratio through June 2012 is shown in the attached calculation as 209%. This shows strong financial health for the District as it pertains to the debt service ratio. STRATEGIC PLAN: FR 1-G: Continue to Improve Communications of the Districts Financial Information to the Board of Directors, Member Agencies, Management, and the Financial Community PRIOR RELEVANT BOARD ACTION(S): On June 14, 2012 the Board of Directors received and filed the Unaudited Financial Statements for the Period Ending March 31, 2012. ATTACHMENTS: Name: Description: Type: FY 2012 4th Qtr Consolidated Balance Sheet.xlsx FY 2012 4th Qtr Consolidated Balance Sheet Backup Material FY 2012 4th Qtr Consolidated Stmt.xlsx FY 2012 4th Qtr Combined Statement Backup Material FY 2012 4th Qtr Water Stmt.xlsx FY 2012 4th Qtr Water Statement Backup Material FY 2012 4th Qtr Sewer Stmt.xlsx FY 2012 4th Qtr Sewer Statement Backup Material FY 2011-12 4th Qtr DS Calc.xlsx FY 2012 4th Qtr Debt Service Ratio Backup Material Approved by the Board of Directors of the Yorba Linda Water District 9/13/2012 MB/RC 5-0 YORBA LINDA WATER DISTRICT UNAUDITED COMBINING SCHEDULE OF NET ASSETS June 30, 2012 (With June 30, 2011 for comparison purposes) ASSETS June 2012 June 2011 CURRENT ASSETS: Cash and cash equivalents $ 20,152,582 $ 29,985,508 Investment 2,157,786 2,143,130 Accounts receivable-water and sewer services 3,813,696 3,642,530 Accounts receivable- property taxes 128,479 114,949 Accrued interest receivable 18,981 22,049 Prepaid expenses&other deposits 243,771 246,919 Inventory 288,204 233,613 TOTAL CURRENT ASSETS 26,803,499 36,388,698 NONCURRENT ASSETS: Bond issuance costs 725,802 755,728 Other post-employment benefit(OPEB)asset 32,630 - Capital assets: Non-depreciable 10,959,085 5,223,388 Depreciable, net of accumulated depreciation 190,090,770 176,410,400 TOTAL NONCURRENT ASSETS 201,808,287 182,389,516 TOTAL ASSETS 228,611,786 218,778,214 LIABILITIES CURRENT LIABILITIES: Accounts payable 4,894,637 4,506,830 Accrued expenses 152,907 130,306 Accrued interest payable 474,418 483,171 Certificates of Participation -current portion 925,000 890,000 Compensated absences 266,861 251,798 Customer and construction deposits 230,597 281,156 Deferred revenue 413,531 416,525 TOTAL CURRENT LIABILITIES 7,357,951 6,959,786 LONG-TERM LIABILITIES (LESS CURRENT PORTION): Deferred annexation revenue 14,064,550 14,406,176 Compensated absences 800,582 755,395 Other post-employment benefit(OPEB) liability - 122,065 Certificates of Participation 41,353,129 42,299,117 TOTAL LONG TERM LIABILITIES (LESS CURRENT PORTION) 56,218,261 57,582,753 TOTAL LIABILITIES 63,576,212 64,542,539 NET ASSETS: $ 165,035,574 $ 154,235,675 YORBA LINDA WATER DISTRICT UNAUDITED COMBINING SCHEDULE OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS For the period ended June 30, 2012 (With fiscal year ended June 30, 2011 for comparison purposes) June 2012 June 2011 OPERATING REVENUES: Water sales $ 24,998,675 $ 22,686,251 Sewer revenues 1,785,805 1,274,579 Other operating revenues 854,155 1,035,545 TOTAL OPERATING REVENUES 27,638,635 24,996,375 OPERATING EXPENSES Variable water costs 12,275,854 11,268,306 Personnel services 6,981,798 6,902,995 Supplies and services 3,811,296 3,686,333 Depreciation and amortization 6,595,723 5,279,860 TOTAL OPERATING EXPENSES 29,664,671 27,137,494 OPERATING INCOME/(LOSS) (2,026,036) (2,141,119) NONOPERATING REVENUES (EXPENSES): Property taxes 1,273,855 1,258,769 Investment income 277,137 274,152 Interest expense (1,626,191) (1,172,503) Other nonoperating revenues 795,982 739,062 Other nonoperating expenses (108,988) (406,575) TOTAL NONOPERATING REVENUES/EXPENSES 611,795 692,905 NET INCOME/(LOSS) BEFORE CAPITAL CONTRIBUTIONS (1,414,241) (1,448,214) EXTRAORDINARY ITEM(S) (5,000,000) - CAPITAL CONTRIBUTIONS 17,214,140 706,319 CHANGES IN NET ASSETS 10,799,899 (741,895) NET ASSETS - BEGINNING OF YEAR 154,235,675 154,977,570 NET ASSETS - FOR PERIOD END JUNE 30, 2012 $ 165,035,574 $ 154,235,675 Yorba Linda Water District Summary Financial Report Water& Sewer Funds For the Period Ending June 30, 2012 Original YTD YTD YTD Budget Actual Under(Over) %of FY 2012 FY 2012 Budget Budget Revenue(Operating): Water Revenue(Residential) $17,904,893 $16,120,680 $1,784,213 90.04% Water Revenue(Commercial & Fire Det.) 1,726,651 1,820,913 (94,262) 105.46% Water Revenue(Landscape/Irrigation) 3,757,058 3,687,643 69,415 98.15% Water Revenue(Service Charge) 3,406,392 3,369,439 36,953 98.92% Sewer Charge Revenue 1,548,550 1,580,369 (31,819) 102.05% Locke Ranch Assessments 159,862 205,436 (45,574) 128.51% Other Operating Revenue 754,361 854,155 (99,794) 113.23% Total Operating Revenue: 29,257,767 27,638,635 1,619,132 94.47% Revenue(Non-Operating): Interest 190,000 277,137 (87,137) 145.86% Property Tax 1,232,000 1,273,855 (41,855) 103.40% Other Non-Operating Revenue 499,369 795,982 (296,613) 159.40% Total Non-Operating Revenue: 1,921,369 2,346,974 (425,605) 122.15% Total Revenue 31,179,136 29,985,609 1,193,527 96.17% Expenses(Operating): Variable Water Costs(G.W., Import& Power) 13,671,538 12,275,854 1,395,684 89.79% Salary Related Expenses 7,941,306 6,981,798 959,508 87.92% Supplies&Services 4,070,833 3,811,298 259,535 93.62% Total Operating Expenses 25,683,677 23,068,950 2,614,727 89.82% Expenses(Non-Operating): Interest on Long Term Debt 1,906,426 1,626,191 280,235 85.30% Other Expense 123,193 108,986 14,207 88.47% Total Non-Operating Expenses: 2,029,619 1,735,177 294,442 85.49% Total Expenses 27,713,296 24,804,127 2,909,169 89.50% Net Income (Loss) Before Capital Contributions 3,465,840 5,181,482 1,715,642 149.50% Extraordinary Item(s) - (5,000,000) (5,000,000) 0.00% Contributed Capital - 17,214,140 17,214,140 0.00% Net Income (Loss) Before Depreciation 3,465,840 17,395,622 13,929,782 501.92% Depreciation &Amortization 5,561,699 6,595,723 (1,034,024) 118.59% Total Net Income(Loss) ($2,095,859) $10,799,899 $12,895,758 -515.30% Capital-Direct Labor - - Yorba Linda Water District Water Fund For the Period Ending June 30, 2012 YTD YTD YTD Budget Actual Under(Over) %of FY 2012 FY 2012 Budget Budget Revenue (Operating): Water Revenue (Residential) $17,904,893 $16,120,680 $1,784,213 90.04% Water Revenue(Commercial & Fire Det.) 1,726,651 1,820,913 (94,262) 105.46% Water Revenue(Landscape/Irrigation) 3,757,058 3,687,643 69,415 98.15% Water Revenue(Service Charge) 3,406,392 3,369,439 36,953 98.92% Other Operating Revenue 697,360 750,138 (52,778) 107.57% Total Operating Revenue: 27,492,354 25,748,813 1,743,541 93.66% Revenue (Non-Operating): Interest 170,000 253,478 (83,478) 149.10% Property Tax 1,232,000 1,273,855 (41,855) 103.40% Other Non-Operating Revenue 495,394 538,405 (43,011) 108.68% Total Non-Operating Revenue: 1,897,394 2,065,738 (168,344) 108.87% Total Revenue 29,389,748 27,814,551 1,575,197 94.64% Expenses (Operating): Variable Water Costs (G.W., Import& Power) 13,671,538 12,275,854 1,395,684 89.79% Salary Related Expenses 6,953,531 6,128,396 825,135 88.13% Supplies&Services: Communications 369,303 199,031 170,272 53.89% Contractual Services 527,888 407,877 120,011 77.27% Data Processing 119,645 116,676 2,969 97.52% Dues& Memberships 55,973 53,649 2,324 95.85% Fees& Permits 140,030 146,443 (6,413) 104.58% Insurance 221,526 212,138 9,388 95.76% Materials 361,161 483,520 (122,359) 133.88% District Activities, Emp Recognition 20,758 12,064 8,694 58.12% Maintenance 418,603 398,748 19,855 95.26% Non-Capital Equipment 79,221 94,574 (15,353) 119.38% Office Expense 45,686 42,245 3,441 92.47% Professional Services 794,406 873,649 (79,243) 109.98% Training 49,964 34,709 15,255 69.47% Travel &Conferences 48,221 19,194 29,027 39.80% Uncollectible Accounts 35,340 21,833 13,507 61.78% Utilities 114,855 65,142 49,713 56.72% Vehicle Equipment 278,209 279,932 (1,723) 100.62% Supplies &Services Sub-Total 3,680,788 3,461,424 219,364 94.04% Total Operating Expenses 24,305,857 21,865,674 2,440,183 89.96% Expenses(Non-Operating): Interest on Long Term Debt 1,906,426 1,625,866 280,560 85.28% Other Expense 117,193 90,488 26,705 77.21% Total Non-Operating Expenses: 2,023,619 1,716,354 307,265 84.82% Total Expenses 26,329,476 23,582,028 2,747,448 89.57% Net Income (Loss) Before Capital Contributions 3,060,272 4,232,523 1,172,251 138.31% and Transfers Extraordinary Item(s) - (5,000,000) (5,000,000) 0.00% Transfers (To)/From - (85,111) (85,111) 0.00% Capital Contributions - 98,241 98,241 0.00% Net Income (Loss) Before Depreciation 3,060,272 (754,347) (3,814,619) -24.65% Depreciation &Amortization 4,628,999 5,359,085 (730,086) 115.77% Total Net Income (Loss) ($1,568,727) ($6,113,432) ($4,544,705) 389.71% Yorba Linda Water District Sewer Fund For the Period Ending June 30,2012 YTD YTD YTD Budget Actual Under(Over) %of FY 2012 FY 2012 Budget Budget Revenue(Operating): Sewer Charge Revenue $1,548,550 $1,580,369 (31,819) 102.05% Locke Ranch Assessments 159,862 205,436 (45,574) 128.51% Other Operating Revenue 57,001 104,017 (47,016) 182.48% Total Operating Revenue: 1,765,413 1,889,822 (124,409) 107.05% Revenue(Non-Operating): Interest 20,000 23,659 (3,659) 118.30% Other Non-Operating Revenue 3,975 257,577 (253,602) 6479.92% Total Non-Operating Revenue: 23,975 281,236 (257,261) 1173.04% Total Revenue 1,789,388 2,171,058 (381,670) 121.33% Expenses(Operating): Salary Related Expenses 987,775 853,402 134,373 86.40% Supplies&Services: Communications 27,797 15,133 12,664 54.44% Contractual Services 39,733 29,998 9,735 75.50% Data Processing 9,006 9,055 (50) 100.55% Dues&Memberships 4,213 4,783 (570) 113.53% Fees&Permits 10,540 7,700 2,840 73.06% Insurance 16,674 16,667 7 99.96% Materials 27,184 21,052 6,132 77.44% District Activities, Emp Recognition 1,562 907 655 58.05% Maintenance 74,267 134,187 (59,920) 180.68% Non-Capital Equipment 18,799 16,800 1,999 89.37% Office Expense 3,439 3,834 (395) 111.49% Professional Services 59,794 34,310 25,484 57.38% Training 3,761 4,320 (559) 114.87% Travel&Conferences 3,630 1,298 2,332 35.76% Uncollectible Accounts 2,660 1,162 1,498 43.68% Utilities 8,645 5,122 3,523 59.25% Vehicle Equipment 78,341 43,546 34,795 55.59% Supplies&Services Sub-Total 390,045 349,874 40,171 89.70% Total Operating Expenses 1,377,820 1,203,276 174,544 87.33% Expenses(Non-Operating): Interest Expense - 325 (325) 0.00% Other Expense 6,000 18,498 (12,498) 308.30% Total Non-Operating Expenses: 6,000 18,823 (12,823) 313.72% Total Expenses 1,383,820 1,222,099 161,721 88.31% Net Income(Loss)Before Capital Contributions 405,568 948,959 543,391 233.98% and Transfers Transfers(To)/From - 85,111 85,111 0.00% Contributed Capital - 17,115,899 17,115,899 0.00% Net Income(Loss)Before Depreciation 405,568 18,149,969 17,744,401 4475.19% Depreciation&Amortization 932,700 1,236,638 (303,938) 132.59% Total Net Income(Loss) ($527,132) $16,913,331 17,440,463 -3208.56% Yorba Linda Water District Water Fund For The Period Ending June 30, 2012 YTD Included in Actual Debt Service FY 2012 Ratio Calculation OPERATING REVENUES: Water sales $ 24,998,675 $ 24,998,675 Other operating revenues 750,138 750,138 TOTAL OPERATING REVENUES 25,748,813 25,748,813 OPERATING EXPENSES Variable water costs 12,275,854 12,275,854 Personnel services 6,125,693 6,125,693 Supplies and services 3,461,424 3,461,424 Depreciation and amortization 5,359,086 - TOTAL OPERATING EXPENSES 27,222,057 21,862,971 OPERATING INCOME/(LOSS) (1,473,244) 3,885,842 NONOPERATING REVENUES (EXPENSES): Property taxes 1,273,854 1,273,854 Investment income 253,478 253,478 Interest expense (1,625,866) - Other nonoperating revenues 538,405 538,405 Other nonoperating expenses (90,489) (90,489) TOTAL NONOPERATING REVENUES/EXPENSES 349,382 1,975,248 NET INCOME/(LOSS) BEFORE CAPITAL CONTRIBUTIONS (1,123,862) 5,861,090 EXTRAORDINARY ITEMS (5,000,000) - TRANSFERS (85,111) - CAPITAL CONTRIBUTIONS 98,241 - CHANGES IN NET ASSETS (6,025,621) 5,861,090 DEBT SERVICE RATIO CALCUATION: NET REVENUES 5,861,090 DEBT SERVICE 2,805,179 209 ITEM NO. 8.7 AGENDA REPORT Meeting Date: September 13, 2012 Budgeted: N/A Total Budget: N/A To: Board of Directors Cost Estimate: N/A Funding Source: N/A From: Steve Conklin, Acting General Account No: N/A Manager Job No: N/A Presented By: Steve Conklin, Acting General Dept: Administration Manager Reviewed by Legal: N/A Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: Reschedule Board Meeting and Close District Offices in Observation of Veteran's Day STAFF RECOMMENDATION: That the Board of Directors reschedule the Board meeting on Thursday, November 22, 2012 to Wednesday, November 21 , 2012 at 8:30 a.m. and close the District offices on Monday, November 12, 2012 in observance of Veteran's Day. DISCUSSION: On November 22, 2012, the regularly scheduled Board of Directors meeting will conflict with the Thanksgiving holiday. In addition, even though the legal public holiday for Veteran's Day falls on Sunday, November 11, 2012, most government offices will be closing their offices in observance of this holiday on Monday, November 12, 2012. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors routinely reschedules Board and Committee meetings that conflict with holidays, conferences or special events. Approved by the Board of Directors of the Yorba Linda Water District 9/13/2012 MB/RC 5-0 ITEM NO. 9.1 AGENDA REPORT Meeting Date: September 13, 2012 Budgeted: No Total Budget: $0 To: Board of Directors Cost Estimate: $350,000 Funding Source: All Water Funds From: Steve Conklin, Acting General Account No: 101-2701 Manager Job No: J2012-13 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Hank Samaripa, Project CEQA Compliance: Exempt Engineer Subject: Yorba Linda High School Park Pipeline Relocation SUMMARY: The proposed Yorba Linda High School Park, within Placentia Yorba Linda Unified School District's (PYLUSD) property located south of Yorba Linda High School, includes proposed grading with nearly 18-feet of fill over our existing 39-inch diameter Bryant Cross Feeder (BCF) pipeline. See attached figures. The BCF pipeline will be unable to support the additional fill, and must be relocated. Per the Pre-Annexation Agreement with PYLUSD, the District is responsible for the design and construction costs for relocating approximately 500 lineal feet of the 39" BCF pipeline. To meet PYLUSD's proposed construction schedule, District staff is requesting to issue a Professional Services Agreement (PSA) with Albert Webb Associates, Inc. (Webb Associates) for engineering services for the relocated BCF pipeline. STAFF RECOMMENDATION: That the Board of Directors authorize execution of a PSA with Webb Associates in the not-to- exceed amount of $20,700 to provide professional engineering services for relocation of the 39-inch Bryant Cross Feeder pipeline. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its September 6, 2012 meeting and supports staffs recommendation. DISCUSSION: On September 4, 2012, District staff met with the PYLUSD and the City of Yorba Linda (City) to discuss their proposed Yorba Linda High School Park development (Park). The PYLUSD is the property owner; they received developer funding for the park improvements, and the City is working with PYLUSD to assist in the planning of the Park facilities since the City will be responsible for maintaining the landscaping after the Park is constructed. The PYLUSD and the City stated that this Park will include the only regional youth baseball and softball facilities with lighting, and the residents and youth leagues requested that the oft-delayed Park be constructed ASAP. To accommodate this goal, the District was requested to expedite the BCF pipeline relocation. Per Section 3 of the attached Pre-Annexation Agreement with PYLUSD, the District is responsible for the design and construction costs of relocating approximately 500 lineal feet of the 39" BCF pipeline. Based on earlier discussions with PYLUSD that this project may be necessary, District staff solicited proposals from three design firms. The three firms submitted proposals. Results of the ranking by the District's review team and fees are as follows: Firm Evaluation Ranking Proposed Fee Webb Associates 1 $20,700 Lee & Ro 2 $26,465 MCE 3 $17,500 Based on the above, staff recommends award to Webb Associates. This firm had the best proposal, the most responsive schedule, best project team and experience, and proposed fee and staff hours which were reasonable and appropriate based on the scope of work. Note that this project was not included in the Board approved 2012-13 CIP. However, funds are available, though ear-marked for other potential projects. Staff will consider the impact of this as part of the budget process for FY 13-14 and provide recommendations for the Board's consideration. STRATEGIC PLAN: SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with adopted amendments PRIOR RELEVANT BOARD ACTION(S): On June 28, 2008, the Board of Directors signed the Pre-Annexation Agreement with PYLUSD for the full development of the new Yorba Linda High School and Joint Use Park with the City. ATTACHMENTS: Description: Type: YLHS PARK LOCATION MAP.pdf YLHS Park Location Map Backup Material YLHS PARK PROPOSED PIPELINE.pdf BCF Pipeline Relocation Backup Material PAA pq 1-10 exhibit G.pdf Pre-Annexation Agreement Backup Material Approved by the Board of Directors of the Yorba Linda Water District 9/13/2012 RC/RK 5-0 YORBA LINDA HIGH SCHOOL SITE PROPOSED YORBA LINDA HIGH SCHOOL PARK LOCATION MAP n N N o- T T7 X ZD MALAGA z n i Y i YI9 iJ n nl �IX nlJ a J Q ri 10• Wa m WDAW EX. 12 STL YORBA LINDA j TO an OF YOM U� COUNTY WATER DISTRICT rm mcr xa ewe (ABANDONED) I ;I Ii 15 I'I ail 14 I PORTION-DK,3V $TV WATER MAIWTO B ' ELOCATED 41\X y w ) SOP �• °` z LANE s PROPOSED SEWER _ w LATERAL z ao" N \S el 0 1�P' •�f • � SCALE: 1 " = 60' APPROVED BY YORBA LINDA WATER DISTRICT PROJECT NO. REVISIONS ENGINEERING NO. DATE INITIAL DESCRIPTION APPROVED MANAGER PROPOSED WATER IMPROVEMENTS 201213 DATE FOR 09/2012 YORBA LINDA HIGH SCHOOL PARK SHEET 1.1 ,Q Q t�'• J� s ;o C3 �. yob � 0 cl �y� =3 I PORTION-DK,3V $TV WATER MAIWTO B ' ELOCATED 41\X y w ) SOP �• °` z LANE s PROPOSED SEWER _ w LATERAL z ao" N \S el 0 1�P' •�f • � SCALE: 1 " = 60' APPROVED BY YORBA LINDA WATER DISTRICT PROJECT NO. REVISIONS ENGINEERING NO. DATE INITIAL DESCRIPTION APPROVED MANAGER PROPOSED WATER IMPROVEMENTS 201213 DATE FOR 09/2012 YORBA LINDA HIGH SCHOOL PARK SHEET 1.1 PRE-ANNEXATION AGREEMENT BETWEEN YORBA LINDA WATER DISTRICT AND PLACENTIA YORBA LINDA UNIFIED SCHOOL DISTRICT THIS AGREEMENT, dated ]"wr 9$(, .too 8 , is by and between YORBA LINDA WATER DISTRICT,a local public agency,created and operating under authority of Division 12 of the California Water Code ("YLWD" herein), and PLACENTIA YORBA LINDA UNIFIED SCHOOL DISTRICT ("PYLUSD" herein), (YLWD and PYLUSD are sometimes individually referred to herein as a"Parry" and collectively as "Parties"). RECITALS A. PYLUSD owns approximately 65 acres of land located near the northern boundary of YLWD,west of Fairmont Boulevard, approximately 50 acres of which land was recently acquired from Shapell Industries, Inc. ("Shapell") and subject to the terms of a Pre-Annexation Agreement between YLWD and Shapell dated July 25, 2006 and recorded August 7, 2006 as Document No. 2006000525185 of Official Records of Orange County (all 65 acres of land "Subject Property" herein). The Subject Property is described in the legal description attached hereto and marked as Exhibit"A",which is incorporated herein by this reference. The location of the Subject Property is shown in the diagram attached hereto and marked as Exhibit`B",which is incorporated herein by this reference. B. YLWD provides retail municipal water and sewer service to land within its boundaries. PYLUSD wishes to develop the Subject Property for public high school use including a campus, sports and practice fields and a joint use park ("Project" herein). To accomplish this purpose,the Parties intend that the Subject Property be annexed to YLWD and to the Orange County Water District("OCWD"herein). C. YLWD has previously approved water and sewer master plans for water and sewer facilities necessary to serve the Subject Property("Master Plans"herein). These Master Plans are set forth in Exhibits "C" and"D", attached hereto and incorporated herein by this reference. D. PYLUSD intends by this Agreement to provide access to water and sewer service through YLWD for the benefit of the Subject Property. Subject to the terms and conditions of this Agreement,PYLUSD and YLWD,wish to provide for the orderly and timely development of water and sewer facilities to serve the Subject Property. I AGREEMENT NOW, THEREFORE, in consideration of the premises set forth in the Recitals and the mutual promises and covenants set forth below,the Parties enter into this Agreement,which touches and affects the title to the Subject Property, as follows: SECTION 1. ANNEXATION 1.1 Annexation Process YLWD shall take all necessary steps to initiate and pursue to completion the annexation of the Subject Property to YLWD and OCWD according to the Cortese-Knox-Hertzberg Local Government Reorganization Act (Government Code Sections 56000 et seq.). PYLUSD shall cooperate with YLWD to assist it in its efforts under this Section 1.1. PYLUSD shall obtain a boundary description for the Subject Property through the Orange County surveyor. All filings fees related to the annexations shall be paid by PYLUSD. 1.2 Annexation Costs of Annexation to YLWD PYLUSD is exempt from paying an "Annexation Charge" to YLWD for annexation into YLWD. All filings fees related to the annexation shall be paid by PYLUSD. 1.3 Annexation Costs of Annexation to OCWD 1.3.1. OCWD Annexation Costs. PYLUSD shall pay all costs otherwise chargeable to YLWD associated with annexation of the Subject Property to OCWD with the exception of the periodic Basin Equity Assessments levied by OCWD and the annexation fee paid by YLWD to OCWD in lieu of property taxes according to OCWD's standard annexation policy and agreement. 1.3.2. Impossibility of Concurrent OCWD Annexation. The Parties acknowledge it is YLWD's policy to provide a uniform"postage stamp rate"throughout its service area and to require that all property serviced by it annex into the OCWD to allow YLWD to maximize a blend of generally less expensive ground water sources with more expensive water imported through the Metropolitan Water District of Southern California system. As set forth in Recital B, the Parties intend that the Subject Property be annexed into OCWD. In the event that circumstances outside the control of YLWD and PYLUSD render concurrent annexation legally or administratively impossible at the time PYLUSD applies for annexation into YLWD,then YLWD shall continue with annexation proceedings of the Subject Property into YLWD. In the event that concurrent annexation is impossible,then the provisions in Sections 1.3.3 thru 1.3.4 below shall be used. 1.3.3. PYLUSD's Duties Under Non-Concurrent Annexation. YLWD and PYLUSD shall continue to pursue annexation into OCWD. 6,ny delay in completing annexation into OCWD shall not relieve PYLUSD of its responsibilities to pay or assure the charges for such annexation or otherwise complete the environmental analysis and provide indemnity for the adequacy thereof as set forth in Sections 6 and 7,respectively. 1.3.4. Annual Accounting. PYLUSD agrees to pay to YLWD YLWD's actual variable costs to provide water to the Subject Property attributable to non-concurrent annexation into OCWD. Such costs shall be calculated on annual basis,with the first calculation taking place on the one year 2 anniversary of the execution of this Agreement by both Parties. Upon YLWD's calculation of the actual costs attributable to the prior year, YLWD shall send an invoice to PYLUSD requesting payment. PYLUSD shall pay to YLWD the amount requested in the invoice within thirty days'(30) receipt of the invoice. PYLUSD shall be liable for these variable costs until annexation of the Subject Property to OCWD has been accomplished or for a period of ten (10) years after the execution of this Agreement by both Parties,whichever occurs first. SECTION 2 FACILITIES/PAYMENTS REQUIRED BY PYLUSD 2.1 Reservoir YLWD and PYLUSD acknowledge that the Quarter Horse Reservoir Expansion at 3.52 million gallons does not contain sufficient water storage for the Project on the Subject Property. If the Project is constructed to completion,the reservoir will require an additional 930,000 gallons of water storage. PYLUSD has established that the Orange County Fire Authority has agreed to drop the fire flow requirements by 180,000 gallons due to the use of fire sprinklers in all buildings for the Project. In addition, PYLUSD agrees to undertake the actions set forth in Section 5.1 below to further lower the additional storage requirement to 450,000 gallons. Therefore,PYLUSD agrees to fund additional YLWD improvement equal to the cost of constructing an additional 450,000 gallons of reservoir storage. The cost for this additional water storage is presently expected to be approximately $1.50 per gallon,resulting in a total approximate cost of Six Hundred and Seventy Five Thousand dollars ($675,000). PYLUSD shall pay YLWD Six Hundred and Seventy Five Thousand dollars($675,000)over a nine(9)-year period at an annual interest rate of four percent(4%)on the unpaid balance. In order to fulfill this obligation, PYLUSD shall, within thirty (30) day of execution of this Agreement by both Parties, pay YLWD the amount of Thirty Two Thousand Five Hundred dollars ($32,500)(calculated as ten percent of the initial principal of$675,000 less an Easement Credit of $35,000). PYLUSD shall then make nine (9) equal payments of Eighty One Thousand Seven Hundred Four dollars($81,704),with the first annual payment due upon the first anniversary of the I/ execution of the Agreement by both Parties. The projected Payment Schedule for Reservoir Expansion fees is attached hereto as Exhibit"E". PYLUSD may pay off the remaining balance at any time during the term of the schedule without penalty. Appropriate interest amount would be calculated from the date of last payment on the outstanding balance at a rate of 4%per annum. 2.2 Increased Booster Station Capacity Pursuant to the Water Master Plan, Exhibit"C", the Project will require an increase in the pumping capacity of the Paso Fino Booster Station from 1,409 gallons per minute("gpm")to 1,713 gpm. PYLUSD shall pay YLWD the sum of Fifty Thousand dollars($50,000)upon execution of the Agreement by YLWD and PYLUSD. YLWD shall use the payment required by this Section 2.2 to add 304 gpm of pumping capacity to the Paso Fino Booster Station. 2.3 Increased Pipeline Capacity YLWD's current capacity in the Allen-McColloch Pipeline("AMP")is currently allocated to 3 YLWD's existing customers. YLWD may not use any of its current capacity in the AMP for the development of water and sewer facilities to serve the Subject Property. Accordingly, PYLUSD f must purchase an additional 1 cubic feet per second ("cfs") capacity in the AMP at a price determined by the formula stated in the document dated February 3, 1995 and entitled"Reallocated Adjusted Capacities for Purposes of Agreement for Allocation of Proceeds for Sale of Allen McColloch Pipeline",attached hereto as Exhibit"F",which is incorporated herein by this reference. PYLUSD shall pay the sum required for the additional pipeline capacity upon execution of this Agreement by both Parties,which sum("Increased Pipeline Payment")shall be calculated using the aforementioned formula as of the date of execution of the Agreement by both Parties. PYLUSD shall pay the Increased Pipeline Payment to YLWD for 1 cfs of additional AMP capacity according to Exhibit F due on execution of this agreement. SECTION 3 PIPELINE INSTALLATION AND RIGHTS OF WAY In order to serve the Subject Property,YLWD shall install, at an expense shared by YLWD and Shapell,a 36"transmission water pipeline through the northeast portion of the Subject Property as depicted in Exhibit "G" attached hereto and incorporated herein by this reference. In order to install and maintain the pipeline,YLWD requires easements from PYLUSD. Therefore,PYLUSD shall grant YLWD a temporary easement, in the form attached hereto as Exhibit "H," over the Subject Property in order to allow YLWD to install the pipeline. PYLUSD shall also grant a permanent easement and right of way, in the form attached hereto as Exhibit"I,"to YLWD for the pipeline allowing YLWD to access the pipeline for its activities including, but not limited to, maintenance, inspection, repair and removal. In addition,YLWD shall relocate,at its sole expense,approximately 500 feet of its existing 39"transmission water pipeline located along the south border of the Subject Property as depicted in Exhibit "G" attached hereto. The exact location of the relocated pipeline shall be determined through consultation between YLWD and PYLUSD after execution of this Agreement by both Parties. Upon a determination of the exact location of the relocated pipeline,PYLUSD shall grant YLWD a temporary easement,in a form acceptable to YLWD,over the Subject Property in order to allow YLWD to install the relocated pipeline. In addition,PYLUSD shall grant YLWD a permanent easement and right of way, in a form acceptable to YLWD, for the relocated pipeline allowing YLWD to access the relocated pipeline for its activities including,but not limited to,maintenance, inspection, repair and removal. After the pipeline has been relocated as provided herein, YLWD shall, at its sole expense, abandon in place the portion of its 39"transmission pipeline that will be unnecessary for its purposes due to the installation of the relocated pipeline and then shall quit claim the right of way of the abandoned pipeline. SECTION 4 CONSTRUCTION AND DEDICATION OF ONSITE SYSTEM PYLUSD shall construct a loop system ("System") at the Project site as shown in Exhibit "G," attached hereto and incorporated herein by this reference. The System shall be dedicated to YLWD. The terms and conditions of PYLUSD's construction and dedication of the System shall be undertaken according to YLWD's standard terms and conditions of general application for water service, including,but not limited to, easement and rights of way requirements. SECTION 5 PERPETUAL CONSERVATION COMMITMENT 5.1 Conservation Commitment 4 In order to lower the Project's required storage capacity at the Quarter Horse Reservoir from 750,000 gallons to 450,000 as set forth in Section 2.1 above, PYLUSD hereby makes to YLWD perpetual conservation commitment("Commitment"). Promptly after execution of this Agreement by both Parties,PYLUSD and YLWD shall collaborate in establishing a large water user data base for use by YLWD and PYLUSD pursuant to this Section 5.1. Pursuant to the Commitment, at the request of YLWD, during a planned or emergency water supply or delivery interruption ("Water Service Interruption"herein), the Parties shall: a) After a determination of a Water Service Interruption by YLWD's General Manager, YLWD shall send notice of the Water Service Interruption("Notice of Water Service Interruption") to PYLUSD pursuant to the notice provisions herein. The Notice of Water Service Interruption shall inform PYLUSD that it must,upon receipt of the notice,and for a period of seven(7)days thereafter, cease all watering of landscape and turf areas at its high school campus and all other PYLUSD school campuses located in the YLWD service area; and b) Immediately upon PYLUSD's receipt of the Notice of Water Service Interruption, YLWD and PYLUSD shall meet and confer to develop a message to be transmitted via PYLUSD's mass communication resources (PACE Messaging) notifying the households of all PYLUSD students that a Water Service Interruption exists and suggesting conservation measures. PYLUUD shall send the message to the households of all PYLUSD students only after written approval of the message by YLWD. 5.2 Compliance with YLWD Regulations PYLUSD's Commitment set forth in Section 5.1 shall be in addition to,and separate and apart from,PYLUSD's duty to comply with any and all YLWD rules,regulations and emergency provisions that may be generally applicable to YLWD customers similarly situated to PYLUSD's Project, including, but not limited to, any declaration of a water shortage emergency condition pursuant to California Water Code §350. SECTION 6 ENVIRONMENTAL REVIEW PYLUSD understands and agrees that, as a condition of annexation to YLWD and OCWD, YLWD will be required to comply with the California Environmental Quality Act ("CEQA"). To the furthest extent legally possible, YLWD will rely on CEQA documentation prepared by others. PYLUSD shall pay all costs to comply with all environmental laws,including, but not limited to,CEQA,which may arise under this Agreement. These costs shall include,but not be limited to, the preparation of all environmental impact assessments, statements and reports prepared by a qualified environmental consultant reasonably approved by YLWD. PYLUSD's CEQA responsibilities provided herein are limited to the impacts from the Subject Property and PYLUSD's Project only, including cumulative effects thereof, as defined in CEQA. SECTION 7 INDEMNIFICATION 7.1 Duty to Defend Indemnify and Hold Harmless. PYLUSD agrees, to the fullest extent permitted by law, to fully defend, indemnify and hold harmless YLWD and its officers, directors, employees, agents and successors and assigns, from and against any and all claims, 5 liabilities, causes of action, damages or expenses arising out of any action, whether legal or administrative,instituted by a third parry to challenge the validity of this Agreement,or any actions arising under or required by this Agreement, including, but not limited to, a challenge based on CEQA compliance. In addition,to the fullest extent permitted by law,PYLUSD shall fully defend, indemnify and hold harmless YLWD from any and all liabilities,forfeitures or penalties arising from PYLUSD's violation of any federal, state or local statute, rule or regulation pertaining to environmental protection. PYLUSD shall promptly defend YLWD at its own cost, including payment of all attorneys' fees, costs and litigation expenses. PYLUSD shall promptly pay any judgment, settlement, award, decree, fine or penalty assessed against YLWD at its own cost. PYLUSD shall also reimburse YLWD for any and all legal expenses and costs incurred in enforcing the defense. The duty to defend, indemnify and hold harmless provided herein shall survive the termination or end of this Agreement. 7.2 Costs and Payment. With respect to the obligations undertaken in this Section 7,to the fullest extent permitted by law,PYLUSD shall promptly defend YLWD at PYLUSD's own cost, including payment of all attorneys' fees, costs and litigation expenses. In addition,with respect to the obligations undertaken in this Section 7,to the fullest extent permitted by law,PYLUSD shall promptly pay any judgment, settlement, award, decree, fine or penalty assessed against YLWD at PYLUSD's own cost; provided, however, that PYLUSD's duty to indemnify and defend YLWD under this Section 7 shall not include any duty to indemnify for claims or liability attributable to the active negligence or willful misconduct of YLWD,its agents, officers, or employees. SECTION 8. GENERAL PROVISIONS 8.1. Term This Agreement shall be operable for ten years from the date of its execution. YLWD and PYLUSD will negotiate in good faith thereafter to make necessary changes, to conform this Agreement to then existing YLWD standards of general applicability. 8.2. Recordation This Agreement shall be recorded with the Orange County Recorder's Office, excepting therefrom Exhibits "C" and"D", the Master Plans. 8.3. Construction This Agreement shall be governed by the laws of the State of California and construed according to its plain meaning as if drafted by both PYLUSD and YLWD. 8.4. Integration No oral order,objection,claim or notice by any party to this Agreement shall affect or modify any of the terms or obligations contained herein except by a waiver or modification thereof in writing and signed by the authorized representative of YLWD or PYLUSD. 8.5. Amendment Except as otherwise provided in this Agreement,this Agreement may be amended only in writing which must be executed by each Party or its successor. 6 8.6. Successors and Assigns 8.6.1 All of the terms,conditions and provisions of this Agreement shall inure to the benefit of and be binding upon YLWD,PYLUSD,and their respective successors and assigns. Neither Party may assign its rights or delegate its obligations or duties hereunder,in whole or in part,without the express written consent of the other Party,which consent shall not be unreasonably withheld,based upon reasonable demonstration of the assignee's capacity to carry out the obligations assigned. 8.6.2 All of the obligations imposed on PYLUSD under this Agreement are obligations that touch and concern the land and shall run with the land. 8.7 Notice Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either parry shall be deemed to have been received when personally delivered or seventy-two(72)hours after deposit of same in any United States Post Office,registered or certified, postage prepaid, addressed as follows: PLACENTIA-YORBA LINDA UNIFIED SCHOOL DISTRICT Attn: Superintendent 1301 E. Orangethorpe Ave, Placentia, CA 92780 YORBA LINDA WATER DISTRICT Attn: General Manager P.O. Box 309, Yorba Linda, California 92885-0309 Each Party can change its address for delivery of notice by delivering written notice of such change of address to the other party within twenty(20) days of such change. 8.8. Binding Arbitration Within thirty-six (36) days after service upon PYLUSD or YLWD of a civil action by the other Party, the Party served with the action may elect to submit this matter to binding arbitration before the Judicial Arbitration and Mediation Services(JAMS), located in Orange County. Upon submission of the matter to JAMS,it shall be the obligation of the Party electing arbitration to obtain from JAMS a list of three randomly selected arbitrators familiar with construction law and to serve said list upon the other Party. In the event that there are more than two parties to the action, the number of arbitrators randomly selected and included in the list shall be increased by two for each additional party involved. Upon service of the randomly selected list of JAMS arbitrators,each Party shall have twenty(20)days to eliminate two arbitrators from the list and return the list to the JAMS office. The arbitrator selected for the arbitration shall be the remaining name on the list. Should more than one name remain on the list, the JAMS office will randomly select from the names remaining on the list which individual will serve as arbitrator. Arbitration shall be scheduled for hearing on the merits no later than six (6)months after the date the arbitrator is selected. All parties shall be permitted to conduct discovery as provided by the current rules contained in the California Code of Civil Procedure. All costs of JAMS or of the arbitrator for services shall be divided equally among the Parties, unless otherwise ordered by the arbitrator. In an arbitration to resolve a dispute under this provision,the arbitration award shall be supported by law and substantial 7 evidence. 8.9 Attorney's Fees The prevailing party in any action or proceeding brought to enforce any provision in this Agreement shall be entitled to recover its reasonable attorneys' fees, costs, and expenses in connection with such action or proceeding from the other party. 8 8.16. Counterparts This Agreement and any document required to be executed by the Parties hereunder may be executed in several counterparts, each of which shall be deemed and all of which shall together constitute, one and the same agreement or document. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first herein above written. YORBA LINDA WATER DISTRICT,a PLACENTIA YORBA LINDA UNIFIED local public agency SCHOOL DISTRICT, a local public agency By: By:— /d *'-M ..4d : John e Name: Dennis M. Smith,Ed.D. i e: President Title: Superinte e t Date: Date: By: 0, Q, Name: Michael A. Payne Title: Secretary Date: AS TO FORM: By: o k, d an Be yens, LLP Legal 4=�sel to PYLUSD By Arthur G.Kidman Date General Counsel Date: 9 EXHIBIT 0 - YLHS SITE ._.4D PIPELINES ,I aROao (eo 8),YO 36•- yie4, ytw06$S41�SS/ON y N�0a� I zl; all no ( BASTANCHURY ftis J \ 11 PROPOSED 18" l ? °°"®a-® 1 1 jJ- TRANSMISSION MAIN BY YLWD& S&S (ZONE 3) � //�\ /"_ :-I 700 �� 4 u 1 w + zi iii"' PROPOSED 15 FT. - o a �i I / WATER EASEMENT \ \\� FROM P.Y.U.S.D. 1 I I I PROPOSED WATER LOOP ( I I ( PIPE LINES TO BE "\ : i\ — L 7 L�__—nmv_anew�_ume_ _—( DEDICATED TO YtWD a —HIGH SCHOOL BOUNDARY / H�GH SCHOOL SI E I EXISTING 39"TRANSMISSION MAI (ZONE 4 BCF) Y �I _ EXISTING 39"TRANSMISSION MAIN ,�m�m®m APPROX. 500 FT.OF PIPE T---- I I (ZONE 4 BRYANT CROSS FEEDER) a I TO BE RELOCATED � ®,;» i ! f ! PREPARED BY: EL w l YORBA LINDA WATER DISTRICT 4822 PLUMOSA DRIVE YORBA LINDA,CALIFORNIA 92888 (714)777.3748 EXISTING 12"TRANSMISSION MAIN L (Above Ground) ----- (ZONE 3:To be Abandoned&Removed) --- ._7 o �0 o 00 WATER MAONS HEAR Y®RSA LUND 1 MOON SQ'�-00L J SCALE: N.T.S. DATE: 12-14-2007 FILENAME: ITEM NO. 9.2 AGENDA REPORT Meeting Date: September 13, 2012 Budgeted: N/A To: Board of Directors Funding Source: N/A From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Dept: Administration Manager Reviewed by Legal: Yes Prepared By: Cindy Botts, Management CEQA Compliance: N/A Analyst Subject: Elective Water Meter Resizing Policy SUMMARY: At the request of the Executive-Administrative-Organizational Committee, staff has drafted a policy to address customer requests to alter their water meter size. STAFF RECOMMENDATION: That the Board of Directors approve Policy No. 3040-12-01 allowing elective water meter resizing for customers. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee review this item on July 30, 2012 and August 22, 2012 and supports staff's recommendation. DISCUSSION: The Elective Water Meter Resize Policy addresses customer requests both for increasing and decreasing the size of their water meter. Policy guidelines include the requirement of an outside Professional Engineer's Opinion on the validity of the requested meter resize, as well as a signed waiver that releases the District from consequences resulting from or in connection with the elective alteration of the water meter size. Additionally, the policy states that after the meter has been resized, if the property owner elects to alter the meter back that of its original size, the same process must be adhered to, including a Professional Engineer's Opinion on the appropriateness of the requested meter size, based on American Water Works Association (AWWA) gallons per minute flow rates. All District costs and fees will be paid by the property owner prior to the commencement of any work associated with the meter resize. Outside costs, including that of a Professional Engineer's Opinion, will be the sole responsibility of the property owner. Fees are based upon the size of the requested meter and the average number of hours of labor required for that particular size. The cost of the meter is also included in the fee and is determined based on meter size and the remaining life expectancy of the current meter. STRATEGIC PLAN: CP 2-E: Maintain a Commitment to Updating the Districts Rules and Regulations Pertaining to Water, Sewer & Special District Best Practices ATTACHMENTS: Name: Description: Type: Meter Resizing Policy FINAL.docx Draft Elective Meter Resizing Policy Backup Material Approved by the Board of Directors of the Yorba Linda Water District 9/13/2012 RK/GM 5-0 Yorba Linda Water District Policies and Procedures Policy No.: 3040-12-01 Effective Date: September 1, 2012 Prepared By: Cindy Botts, Management Analyst Applicability: District Wide POLICY: ELECTIVE WATER METER RESIZING POLICY 1.0 PURPOSE The purpose of this policy is to define guidelines and procedures for elective water meter resizing. 2.0 SCOPE Yorba Linda Water District (District) is implementing an Elective Water Meter Resizing Policy to address customer requests to alter their meter size. 3.0 PROCEDURES A. A request to alter a meter size must be made by submitting a completed Elective Water Meter Resize Request Form (Form) to the District. The Form is available on the District's website at http://www.ylwd.com. A copy may also be picked up at Yorba Linda Water District, 1717 E. Miraloma Avenue, Placentia, CA 92870, between the hours of 7:00 a.m. and 6:00 p.m., Monday thru Thursday. B. The Form must be completed by the Property Owner making the request. All requests will be forwarded to the District's Customer Service Department Upon approval, the Property Owner will be notified of the approval and the anticipated date of commencement of work by the District. C. All costs related to an alteration of meter size pursuant to this policy are the sole responsibility of the Property Owner and must be paid as set forth in this policy. D. For requests to be considered, the following criteria must be met: 1. Only the Property Owner on file may submit the Form. 2. The submitted Form must include a Professional Engineer's Opinion (Opinion) on the validity of the requested meter resize. This Opinion must take the form of a letter stating that the requested meter size is able to meet the gallons per minute (gpm) flow rate demand of the property in question. Calculations utilizing the American Water Works Association (AWWA) Standard C-700 form for Meter Capacities, Page 1 Elective Water Meter Resizing Policy 2012 incorporating irrigation for the property, must also be included in the Opinion. Any and all fees associated with obtaining the Opinion are the sole responsibility of the Property Owner. 3. The submitted Form must also include a signed "Terms & Conditions: Elective Water Meter Resizing" (Terms and Conditions). The Terms and Conditions indicate that altering the size of a water meter may have consequences, including, but not limited to, changes in water pressure and flow, which may require pressurization devices at additional costs; reduction in the performance of appliances and landscape equipment; and changes in the accuracy of the measurement of flow. The Property Owner must acknowledge and agree that the District is in no way liable for any consequences resulting from the change in meter size. The Terms & Conditions must be signed by the Property Owner. 4. Upon approval of the request, the District will contact the Property Owner to schedule the commencement of the meter replacement. Scheduled dates are approximate and may be altered based on the needs of the District. Should the replacement need to be rescheduled, the District will contact the Property Owner as soon as possible to reschedule. 5. Fees for the replacement of the meter are calculated pursuant to the Customer Service and Developer Fees schedule and must be paid in full by the Property Owner. The Fees must be submitted along with the Form. 6. If, after a meter has been resized, the Property Owner elects to alter the meter back to that of the original size or any other size, the same process must be adhered to, including submission of a new Form, along with a new Opinion on the appropriateness of the requested size based on AWWA gpm flow rates, a new signed Terms & Conditions and the payment of any and all fees associated with the completion of the new meter installation. 4.0 EXCEPTIONS A. Properties with fire sprinklers that do not have a dedicated fire meter will not be allowed to downsize, regardless of the normal operating AWWA gpm flow rates. B. Properties will not be allowed to alter the size of the meter more than one size (i.e. 1 '/2" meter can downsize to 1", but not to 3/4"). 5.0 EXHIBITS Exhibit A— Request for Elective Water Meter Resize Exhibit B — Terms & Conditions: Elective Water Meter Resizing Approved: Kenneth R. Vecchiarelli Date General Manager Page 2 Elective Water Meter Resizing Policy 2012 Exhibit A Yorba Linda Water District Request for Elective Water Meter Resize Property Owner's Name: Phone #: Fax#: Account#: Email: Property Address: Billing Address: Current Meter Size: ❑ 5/8" ❑ 3/4" Proposed Meter Size: 5/8" F� 3/4" ❑ 1" ❑ 1'/2" ❑ 1" 1-1 1'/2" 2" ❑ 3" 0 2" [7 3" 4" ❑ 6" 4" F-� 6" Engineer's Name: Engineering License#: Recommendation: Yes ❑ No ❑ Expected Flow Rate: (Please attach calculations & written statement) ❑ - I have read and understand, and agree to the Terms and Conditions for Elective Water Meter Resizing in accordance with the Yorba Linda Water District's Elective Water Meter Resizing Policy. Property Owner Signature: Date: Do Not Write Below This Line— For District Use Only Date Received: / / Location#: P.E.Opinion Review: Terms and Conditions: ❑ Approved: ❑ Payment Received: Meter Install Date: / / Authorization: 1717 E.Miraloma Ave / Placentia,CA 92870 / 714.701.8333 / fax 714.701.3028 /pio @ylwd.com / www.yiwd.com Page 3 Elective Water Meter Resizing Policy 2012 Exhibit B ElYorba Linda Water District Policy No.: 3040-12-01 Effective Date: August 1, 2012 Prepared By: Cindy Botts, Management Analyst Applicability: District Wide TERMS AND CONDITIONS: ELECTIVE WATER METER RESIZING Provision 1: General A. These Terms and Conditions shall apply to the Elective Water Meter Resizing Policy of the Yorba Linda Water District (District). B. Property Owner has read and understands these Terms and Conditions and agrees that its execution of this document District shall constitute the Property Owner's acceptance of these Terms and Conditions. Provision 2: Procedures A. A request to alter a meter size must be made by submitting a completed Elective Water Meter Resize Request Form (Form) to the District. The Form is available on the District's website at http://www.ylwd.com. A copy may also be picked up at Yorba Linda Water District, 1717 E. Miraloma Avenue, Placentia, CA 92870, between the hours of 7:00 a.m. and 6:00 p.m., Monday thru Thursday. B. The Form must be completed by the Property Owner making the request. All requests will be forwarded to the District's Customer Service Department Upon approval, the Property Owner will be notified of the approval and the anticipated date of commencement of work by the District. C. All costs related to an alteration of meter size pursuant to this policy are the sole responsibility of the Property Owner and must be paid as set forth in this policy. D. For requests to be considered, the following criteria must be met: 1. Only the Property Owner on file may submit the Form. 2. The submitted Form must include a Professional Engineer's Opinion (Opinion) on the validity of the requested meter resize. This Opinion must take the form of a letter stating that the requested meter size is able to meet the gallons per minute (gpm) flow rate demand of the property in question. Calculations utilizing the American Water Works Association (AWWA) Standard C-700 form for Meter Capacities, incorporating irrigation for the property, must also be included in the Opinion. Calculations for the property are to be made utilizing Table 1 Page 4 Elective Water Meter Resizing Policy 2012 attached hereto and must also be included in the Opinion. Any and all fees associated with obtaining the Opinion are the sole responsibility of the Property Owner. 3. Upon approval of the request, the District will contact the Property Owner to schedule the commencement of the meter replacement. Scheduled dates are approximate and may be altered based on the needs of the District. Should the replacement need to be rescheduled, the District will contact the Property Owner as soon as possible to reschedule. 4. Fees for the replacement of the meter are calculated pursuant to the Customer Service and Developer Fees schedule and must be paid in full by the Property Owner. The Fees must be submitted along with the Form. 5. If, after a meter has been resized, the Property Owner elects to alter the meter back to that of the original size or any other size, the same process must be adhered to, including submission of a new Form, along with a new Opinion on the appropriateness of the requested size based on AWWA gpm flow rates, a new signed Terms & Conditions and the payment of any and all fees associated with the completion of the new meter installation. 4.0 EXCEPTIONS A. Properties with fire sprinklers that do not have a dedicated fire meter will not be allowed to downsize, regardless of the normal operating AWWA gpm flow rates. B. Properties will not be allowed to alter the size of the meter more than one size (i.e. 1 '/2" meter can downsize to 1", but not to 3/4"). I, as the Property Owner or, (if a corporation, LLC, partnership, etc.), on behalf of the Property Owner, accept these Terms and Conditions and acknowledge and agree that the District makes no assurance regarding the quantity or pressure of water available to the property or the fitness or suitability of the quantity or pressure of water available for any particular purpose, including, but not limited to, fire suppression on the property. Water will be provided only as available and in the same manner as provided to other District customers in the vicinity of the property. I, as the Property Owner or, (if a corporation, LLC, partnership, etc.), on behalf of the Property Owner, hereby waive, discharge and covenant not to sue the District for any loss, cost or liability associated with or relating to the change requested in the Form, including, but not limited to, changes in water pressure and flow, which may require pressurization devices at additional costs; reduction in the performance of appliances and landscape equipment; and changes in the accuracy of the measurement of flow. Property Owner Signature: Date: Page 5 Elective Water Meter Resizing Policy 2012 Table 1 AWWA Standard C-700 Meter Capacities Services at pressures not exceeding 150 psi and water tern eratures not in excess of 80°F Size Safe Maximum Normal Test Flow Required Accuracy Minimum Test Flow Required Accuracy (in.) Operating Capacity(GPM) (GPM) (%) (GPM) (%) 518 20 1-20 98.5-101.5 114 95 314 30 2-30 98.5-101.5 112 95 1 50 3-50 98.5-101.5 314 95 11/2 100 5-100 98.5-101.5 11/2 95 2 160 8-160 98.5-101.5 2 95 4846-7055-3872,v. 1 Page 6 Elective Water Meter Resizing Policy 2012 ITEM NO. 9.3 AGENDA REPORT Meeting Date: September 13, 2012 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Gina Knight, HR/Risk Manager Dept: Human Resources/Risk Management Prepared By: Gina Knight, HR/Risk Manager Subject: Proposed Revision of Budgeted Positions SUMMARY: The purpose of this report is for the Board of Directors to adopt Resolution No. 12-20 approving the proposed revision of the Budgeted Positions for Fiscal Year 2012/13 and rescinding Resolution No. 12-15. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 12-20 Revising the Budgeted Positions for Fiscal Year 2012/13 and Rescinding Resolution No. 12-15. COMMITTEE RECOMMENDATION: This item was not presented to the Personnel-Risk Management Committee for discussion and review. DISCUSSION: At the start of business on September 5, 2012, the District's Executive Secretary informed the District's Human Resources and Risk Manager that she had accepted an offer of employment with another agency. The Human Resources and Risk Manager notified both Board President Hawkins and the Personnel-Risk Management Committee Chair Beverage that the Executive Secretary had accepted a job offer. During the September 5, 2012 Regular Board of Directors meeting, this item was added to the agenda. The Board of Directors discussed this issue and determined that this was a key position and that the salary needed to be adjusted to the market. The Board elected to adjust the salary and directed the Human Resources and Risk Manager to negotiate the Executive Secretary's continued employment with the District and to bring back for Board adoption a Resolution to revise the Budgeted Positions for Fiscal Year 2012/13 at the next Board of Directors meeting scheduled September 13, 2012. ATTACHMENTS: Name: Description: Resolution No. 12-20.doc Resolution No. 12-20 Resolution Reso 12-20 Exhibit A Authorized Positions FY 2012- 2013.x1s Proposed Revised Budgeted Positions for FY 2012-2013 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 9/13/2012 MB/GM 5-0 Roll Call RESOLUTION NO. 12-20 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT REVISING THE BUDGETED POSITIONS FOR THE REMAINDER OF FISCAL YEAR 2012/13 AND RESCINDING RESOLUTION NO. 12-15 WHEREAS, the Board of Directors adopted Resolution No. 10-09 on May 27, 2010 the "Yorba Linda Water District Personnel Rules"; and WHEREAS, the "Personnel Rules" direct that the number of Authorized Positions and Salary Ranges are subject to approval by the Board of Directors; and WHEREAS, the Board of Directors adopted Resolution No. 12-15 on June 28, 2012 approving the budgeted positions for Fiscal Year 2012/13; and WHEREAS, it is the desire of the Board of Directors to revise the Budgeted Positions for the remainder of Fiscal Year 2012/13 and rescind Resolution No. 12- 15. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. The number of Budgeted Positions as set forth in Exhibit "A" attached hereto is approved and adopted for the remainder of Fiscal Year 2012/13 effective September 13, 2012. Section 2. The General Manager is hereby authorized to employ up to the number of employees budgeted and funded in each fiscal year without further approval of the Board of Directors. Section 3. The General Manager is hereby authorized to fill a budgeted position that is vacated while this Resolution is active with a new employee at a lower or equal classification. The General Manager is further authorized to fill a budgeted position with a part time employee or contract staff. Section 4. That Resolution No. 12-15 is hereby rescinded effective September 13, 2012. Resolution No. 12-20 Revising Budgeted Positions for FY 2012/13 1 PASSED AND ADOPTED this 13th day of September 2012 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Phil Hawkins, President Yorba Linda Water District ATTEST: Annie Alexander, Assistant Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law, LLP Resolution No. 12-20 Revising Budgeted Positions for FY 2012/13 2 Exhibit"A" Resolution No. 12-20 Budgeted Positions for 2012/2013 Effective September 13, 2012 Budgeted Budgeted Salary as of Proposed as of Range Position Classification 7/1/2012 Change 9/13/2012 15 Customer Service Rep 1 1 1 16 Meter Reader 1 2 2 17 Customer Service Rep 11 1 1 Accounting Assistant 1 1 1 Maintenance Worker 1 9 9 Mechanic 1 0 0 Engineering Secretary 1 1 Operations Secretary 0 0 18 Meter Reader 11 2 2 19 Customer Service Rep 111 2 2 Storekeeper 0 0 Operations Assistant 1 1 20 Engineering Technician 1 0 0 Water Quality Technician 1 0 0 Maintenance Dist. Operator II 8 8 21 Facilities Maintenance 1 1 Accounting Assistant 11 1 1 Mechanic 11 1 1 22 Water Quality Technician II 1 1 Information Systems Tech 1 1 1 23 Maintenance Dist. Operator III 4 4 Meter Services Lead 1 1 Personnel Technician 1 1 Plant Operator II 3 3 Mechanic III 1 1 24 Construction Inspector 1 1 Engineering Technician II 2 2 Information Systems Tech 11 1 1 25 Executive Secretary 1 0 Human Resources Analyst 1 1 Sr. Accountant 1 1 Instrumentation Technician 1 1 26 GIS Administrator 1 1 Project Engineer 2 2 Sr. Maintenance Dist. Operator 4 4 Sr. Plant Operator 1 1 Sr. Construction Inspector 1 1 Sr. Fleet Mechanic 1 1 27 Customer Service Supervisor 1 1 28 Management Analyst 1 1 29 Water Quality Engineer 1 1 Safety and Training Officer 0 0 Sr. Project Engineer 0 0 30 Water Maint. Superintendent 1 1 SCADA Administrator 1 1 Public Information Officer 1 1 IS Administrator 1 1 31 Chief Plant Operator 1 1 32 Executive Secretary 0 1 34 Sr. Project Manager 1 1 37 Human Resources and Risk Manager 1 1 Finance Manager 1 1 Operations Manager 1 1 Engineering Manager 1 1 IT Manager 1 1 Salary General Manager 1 1 Set by Board Total 76 0 76 Salary Range Position Classification 1-11 Public/Governmental Affairs Intern 0.5 0.5 Y Records Management Intern 0.5 0.5 24 GIS Technician 0.5 0.5 Z Total 1.5 1.5 During FY 2012/2013 the District will promote one (1) Maintenance Distribution Operator II to a Maintenance Distribution Operator III which is currently underfilled with a Maintenance Worker I position. Y Interns-Two (2) intern positions have been budgeted for FY 2012-2013. One intern will be utilized in the Public/Governmental Affairs division of the Administration Department. The other intern will provide support to the Executive Secretary with Records Management. Z GIS Tech is a part-time position. ITEM NO. 10.3 AGENDA REPORT Meeting Date: September 13, 2012 Subject: Acting General Manager's Report ATTACHMENTS: Description: Type: Board Memo 13Sep2012.docx Acting GM's Report Backup Material ImYorba Linda Water District , MEMORANDUM DATE: September 6, 2012 TO: Board of Directors FROM: Steve Conklin SUBJECT: Acting General Manager's Report to the Board, Sept 13, 2012 1. I am pleased that we were able to bring to the Board today the Notice of Completion for two important District projects: Highland Booster Station and Well No. 20. Both of these are keystones in the Board's commitment to maximize the use of groundwater resources and to ultimately deliver it to all of our customers. Bringing these projects to completion would not have been possible without the efforts and commitment of District staff throughout the organization, including Engineering, Operations and Information Technology departments. 2. I am also pleased to report that we continue to make good progress on the construction of the Yorba Linda Blvd Pipeline Project. The 20-inch pipeline in YL Blvd is installed. However, there is still significant work to be completed, such as the tie-ins at each end, the installation of air-release valves, blow-off valves, and final paving. We anticipate final completion of the pipeline project by November 2012. 3. The YL Blvd Booster Station Project will follow shortly, with bidding this fall. Construction is anticipated to begin in January 2013, with completion about 12 months thereafter. 4. District staff attended the August 23 community meeting for the proposed Esperanza Hills residential development, at the Travis Community Center. We will continue to monitor this project and the adjacent Cielo Vista residential development, which are both under the purview of Orange County Planning. I will keep the Board apprised of project- related issues and developments as they come to light. 5. I attended the August 30 quarterly meeting of the Independent Special Districts of OC (ISDOC)with Director Kiley. The speaker was Chief Keith Richter of the OCFA. The presentation was informative on the OCFA in general,but short on any specifics, such as new requirements relating wild-land fires. We hope to get more specifics when an OCFA representative speaks at our October 22 CAC meeting. ITEM NO. 11.1 AGENDA REPORT Meeting Date: September 13, 2012 Subject: Executive-Administrative-Organizational Committee (Hawkins/Melton) • Minutes of meeting held August 22, 2012 at 3:00 p.m. • Meeting scheduled September 21, 2012 at 12:00 p.m. ATTACHMENTS: Name: Description: Type: 082212 EAO - Minutes.doc EAO Mtg Minutes 08/22/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT EXEC-AD MIN-ORGANIZATIONAL COMMITTEE MEETING August 22, 2012 A meeting of the Yorba Linda Water District's Executive-Administrative-Organizational Committee was called to order by Director Hawkins at 3:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia, CA 92870. COMMITTEE STAFF Director Phil Hawkins, Chair Steve Conklin, Acting General Manager Director Gary T. Melton OTHER ATTENDEES Arthur G. Kidman, Partner, Kidman Law LLP Christopher Townsend, President, Townsend Public Affairs Matthew Hicks, Associate, Townsend Public Affairs (Participated Via Teleconference) 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Response to OC Grand Jury Report: "Transparency Breaking Up Compensation Fog — But Why Hide Pension Costs?" Mr. Conklin reported that staff has prepared a draft response to the above- titled OC Grand Jury report for consideration by the Committee. The Committee reviewed the draft response and recommended it be brought to the Board of Directors on August 23 for review and consideration. 2.2. Elective Water Meter Resizing Policy Mr. Conklin reported that the draft policy to address customer requests to alter their water meter size was brought to the EAO Committee last month and has since been reviewed by legal counsel, with minor changes. The Committee discussed the latest draft of the proposed policy and recommended it be brought to the Board of Directors on September 13 for review and consideration. 2.3. Reschedule Board and Committee Meetings and Consider Observation of Veteran's Day Mr. Conklin reported that staff is requesting the Committee consider rescheduling upcoming meetings. Following discussion, the Committee recommended that the Board of Directors: 1 • Reschedule the Board of Directors meeting on Thursday, November 22, 2012 to Wednesday November 21, 2012 at 8:30 am. • Close the District offices on Monday, November 12, 2012 in observance of Veteran's Day Further, the Committee agreed to leave to the Citizens Advisory Committee the potential rescheduling of its December 24 meeting, and to leave to the Finance-Accounting Committee the potential rescheduling of its December 26 meeting. 3. DISCUSSION ITEMS 3.1. Legislative Affairs Update (Verbal Report) Mr. Townsend joined the meeting for this item and Mr. Hicks joined-in by phone. Mr. Townsend reported on a meeting he had with Supervisor Campbell regarding the Lakeview Grade Separation Project and the Orange County Transportation Authority. Director Hawkins advised that following the Board of Directors meeting on August 23, the Board will provide further direction to Mr. Townsend. Mr. Townsend and Mr. Hicks reported on issues relating to water matters in Sacramento and locally. There was discussion that the Board consider attending future conference meetings of the California Association of Sanitation Agencies (CASA). At the completion of this item, Mr. Townsend and Mr. Hicks left the meeting. 3.2. County of Orange Legislative Priorities 2012 Mr. Conklin reported on the August 13, 2012 letter received from Supervisor John Moorlach, inviting the District to provide input on the development of the County's 2013 Legislative Platform. Following discussion, the Committee recommended that the letter be noted as received and filed. 3.3. Customer Service Feedback Report Mr. Conklin reported on the graphs showing customer feedback summary for January through July 2012. In response to the Committee's request in July, he provided the customer service call log for July 30 through August 8, 2012, a typical two-week period. He noted that there were 575 incoming calls to the Customer Service Response staff. Of those calls, 110 were transferred to other District departments and the remaining 465 were handled by the Customer Service staff. It was noted that in addition to handling customer calls, the staff is responding to walk-in customers and bill payments, preparing the monthly billing for all customers, preparing for and responding to notices for shut-offs and service restarts, among other tasks. 2 3.4. Alternative Work Schedule Comparison Data Mr. Conklin reported on the comparison metrics for the first six months of the 4/10 work schedule versus those for the first six months of the prior year. He noted that, overall, electricity and sick leave costs were down, with increases in the number of miles of sewer cleaned and number of valves turned. Due to this extra productivity, the cost of fuel increased for both regular fuel and diesel. Overtime costs have increased slightly due to the extra non-working day; however, this increase was expected. Customer service feedback reports indicate an increase of positive (Excellent Service Received category) responses from customers concerning service from District staff, both within Operations and Meter Reading. The only aberrant finding from the six-month tracking period was that of a decrease of fire hydrants serviced. This is due to two of the five-person crew being out on extended medical leave. The Operations Department is confident, however, that all hydrants will be inspected and serviced prior to their yearly due date. Overall, staff morale and productivity remains higher with the 4/10 schedule. The Committee acknowledged the report and made no recommendation to change from the 4/10 work schedule in effect. 3.5. Status of Strategic Plan Initiatives The Committee reviewed and discussed the status of the Strategic Plan Initiatives. 3.6. Future Agenda Items and Staff Tasks Mr. Conklin reaffirmed that he will be on vacation September 10 through 17, returning to work on Sep 18. He recommended that in his absence, Mrs. Knight be the manager in charge and lead the Sep 13 Board meeting. The Committee agreed with this recommendation, which will be acknowledged at the August 23 Board meeting. The Committee adjourned to Closed Session at 4:30 p.m. Directors Hawkins and Melton were present. Also present were Messrs. Conklin and Kidman. 4. CLOSED SESSION 4.1. Conference with Real Property Negotiators Pursuant to Section 54956.8 of the California Government Code Property: APN 346-101-01 Agency Negotiators: Steve Conklin Negotiating Parties: Designated Representatives of Orange County Water District Under Negotiation: Price and Terms of Payment 3 4.2. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court — Case No. 00486884) 4.3. Conference with Legal Counsel — Anticipated Litigation Pursuant to Subdivision (b) of Section 54956.9 of the California Government Code Number of Potential Cases: One Existing Facts and Circumstances under Section 54956.9(b)(3)(B): Dispute with Orange County Transportation Authority over payment of cost to relocate District water pipelines to make way for construction of Lakeview Avenue overcrossing of ATSF rail tracks and Orangethorpe Avenue. 4.4. Conference with Legal Counsel — Anticipated Litigation Pursuant to Subdivision (b) of Section 54956.9 of the California Government Code Number of Potential Cases: One Existing Facts and Circumstances under Section 54956.9(b)(3)(B): Received letter dated August 15, 2012 from Metropolitan Water District of Southern California regarding potential damage to 60-inch line related to demolition of pressure regulation station vault on Van Buren Street. The Committee reconvened in Open Session at 4:47 pm. Director Hawkins announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 5. ADJOURNMENT 5.1. The meeting was adjourned at 4:48 pm. The next meeting of the Executive-Administrative-Organizational Committee will be held Friday, September 21 , 2012 at 12:00 p.m. 4 ITEM NO. 11.2 AGENDA REPORT Meeting Date: September 13, 2012 Subject: Finance-Accounting Committee (Kiley/Hawkins) • Minutes of meeting held August 27, 2012 at 4:00 p.m. • Meeting scheduled September 26, 2012 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 082712 FA - Minutes.doc FA Mtg Minutes 08/27/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT FINANCE-ACCOUNTING COMMITTEE MEETING August 27, 2012 A meeting of the Finance-Accounting Committee was called to order by Director Kiley 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 Robert R. Kiley, Chair Steve Conklin, Acting General Manager Director Phil Hawkins Stephen Parker, Finance Manager 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Unaudited Financial Statements for the Period Ending June 30, 2012 Mr. Parker presented the quarterly full-accrual financial statements and debt service ratio calculation that will go on to the full Board as a consent calendar item. Mr. Parker explained that the numbers presented would be materially similar to the audited results. Mr. Parker highlighted the positive debt-service-ratio calculation of 209% and the one-time settlement payment being recorded as an Extraordinary Item. In addition, Mr. Parker shared that year-end journal entries related to unbilled receivables helped the overall operating revenue numbers to increase 3% from the monthly June statements previously presented. The Committee had no further questions and supported staff's recommendation. 3. DISCUSSION ITEMS 3.1. Broker Dealer Approval Mr. Parker informed the Committee that staff had completed the process of vetting Kirk Jon Walske, Vice-President at Wells Fargo Institutional Securities, LLC as a broker/dealer according to the requirements of the District's investment policy in Resolution 11-24. Mr. Parker said that staff was reviewing other broker/dealers, and that staff intended to complete a large-scale revision to the investment policy with legal council's help prior to purchasing investments through Mr. Walske. 1 3.2. July Investment Report and Budget-to-Actual Results (To be provided at the next meeting.) Mr. Parker explained that due to the recent departure of the District's Accounting Assistant II as well as the Accounting Staff's focus on completing the annual audit in a timely manner, staff was unable to complete the July Investment Report or Budget-to-Actual Results prior to the FA Committee meeting. Both items will be presented along with the August information at the September Committee meeting. 3.3. Status of Strategic Plan Initiatives Mr. Parker updated the Committee on the progress of Fiscal Responsibility strategic plan initiatives. Mr. Parker also updated the Committee on the progress of the advance refunding and line of credit. The advance refunding is scheduled to go to market on September 6 as planned, but the line of credit is being put off until more than 15 days after the Revenue Refunding Bonds, Series 2012 closes per advice of bond counsel. 3.4. Future Agenda Items and Staff Tasks None. 4. ADJOURNMENT 4.1. The Committee adjourned at 4:36 p.m. The next meeting of the Finance- Accounting Committee will be held Wednesday, September 26, 2012 at 4:00 p.m. 2 ITEM NO. 11.5 AGENDA REPORT Meeting Date: September 13, 2012 Subject: Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of meeting held September 4, 2012 at 4:00 p.m. • Meeting scheduled October 1, 2012 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 090412 PACT - Minutes.docx PACT Mtg Minutes 09/04/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC AFFAIRS-COMMUNICATIONS-TECHNOLOGY COMMITTEE MEETING September 4, 2012 A meeting of the Public Affairs-Communications-Technology Committee was called to order by Director Melton 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 Gary T. Melton, Chair Steve Conklin, Acting General Manager Director Michael J. Beverage Art Vega, Interim IT Manager Damon Micalizzi, Public Information Officer Cody Peterson, Public Affairs Intern 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Computerized Maintenance and Management System Project Status Mr. Vega informed the Committee that the work process for the Valve Crew has be included in CMMS and that for the Sewer Crew will be next in the process. There were no further questions from the Committee. 2.2. Sewer Facilities GIS Conversion Status (Verbal Report) Mr. Vega updated the Committee on the status of the GIS Conversion Project of which finalization is underway. Briefly discussed was the topic of the HR Module brought up by Director Beverage. Mr. Vega explained that the system was being further tailored to suit the District's needs. 2.3. Fall Newsletter Draft Content and Layout Mr. Micalizzi presented a final draft of Autumn Newsletter. The Committee approved the Newsletter with some minor edits. 2.4. Bottled Water Label Art Contest Mr. Micalizzi updated the Committee on the 2012 YLWD Bottled Water Artwork Contest, presenting a take-home flyer that will be provided to elementary school students in the Placentia Yorba Linda School District, promoting participation. Also discussed were options for selecting this year's winner including a possible on-line voting process. 1 2.5. Large-Scale Bottled Water Donation Requests Mr. Micalizzi briefed the Committee on the issue of large-scale water donation requests and asked if a formal policy needed to be put in place. It was decided by the Committee that a policy was not needed and could be determined on a case-by-case basis. It was stressed that bottled water donated by the District could not be sold for or profited from in anyway. 2.6. Public Outreach Activities The Committee reviewed the public outreach activities thus far in the year. 2.7. Draft Strategic Communications Plan Mr. Micalizzi asked if the Board would like to review the policy and the Committee suggested having a Public Affairs Workshop to revisit some of the District's goals and objectives as far as outreach and education. Topics for the workshop were briefly discussed and the Committee reviewed the new promotional materials. 2.8. Status Report on Strategic Plan Initiatives The Committee reviewed the report and had no questions. 2.9. Future Agenda Items None. 3. ADJOURNMENT 3.1. The meeting was adjourned at 4:55 p.m. The next meeting of the Public Affairs-Communications-Technology Committee will be held October 1, 2012 at 4:00 p.m. 2 ITEM NO. 13.1 AGENDA REPORT Meeting Date: September 13, 2012 Subject: Meetings from September 14, 2012 - October 31, 2012 ATTACHMENTS: Description: Type: BOD - Activities Calendar.pdf BOD Activity Calendar Backup Material Board of Directors Activity Calendar Event Date Time Attendance bv: September 2012 Yorba Linda City Council Tue, Sep 18 6:30PM Melton MWDOC Board Wed, Sep 19 8:30AM Melton/Staff OCWD Board Wed, Sep 19 5:30PM Kiley/Staff Exec-Admin-Organizational Committee Meeting Fri, Sep 21 12:OOPM Hawkins/Melton Citizens Advisory Committee Meeting Mon, Sep 24 8:30AM Beverage Joint Committee Meeting with MWDOC and OCWD Tue, Sep 25 4:OOPM Hawkins/Beverage Finance-Accounting Committee Meeting Wed, Sep 26 4:OOPM Kiley/Hawkins Yorba Linda Planning Commission Wed, Sep 26 7:OOPM Collett Board of Directors Regular Meeting Thu, Sep 27 8:30AM October 2012 Pub Affairs-Communications-Tech Committee Meeting Mon, Oct 1 4:OOPM Melton/Beverage Yorba Linda City Council Tue, Oct 2 6:30PM Hawkins MWDOC/MWD Workshop Wed, Oct 3 8:30AM Melton/Staff OCWD Board Wed, Oct 3 5:30PM Kiley/Staff Planning-Engineering-Operations Committee Meeting Thu, Oct 4 3:OOPM Collett/Kiley WACO Fri, Oct 5 7:30AM Hawkins Personnel-Risk Management Committee Meeting Tue, Oct 9 4:OOPM Beverage/Collett LAFCO Wed, Oct 10 9:OOAM Beverage Yorba Linda Planning Commission Wed, Oct 10 7:OOPM Kiley Board of Directors Regular Meeting Thu, Oct 11 8:30AM Exec-Admin-Organizational Committee Meeting Mon, Oct 15 4:OOPM Hawkins/Melton Yorba Linda City Council Tue, Oct 16 6:30PM Melton MWDOC Board Wed, Oct 17 8:30AM Melton/Staff OCWD Board Wed, Oct 17 5:30PM Kiley/Staff OCWD Groundwater Adventure Tour Thu, Oct 18 8:OOAM Collett Citizens Advisory Committee Meeting Mon, Oct 22 8:30AM Beverage Finance-Accounting Committee Meeting Mon, Oct 22 4:OOPM Kiley/Hawkins Yorba Linda Planning Commission Wed, Oct 24 7:OOPM Collett Board of Directors Regular Meeting Thu, Oct 25 8:30AM 9/6/2012 1:07:37 PM ITEM NO. 14.1 AGENDA REPORT Meeting Date: September 13, 2012 Budgeted: N/A To: Board of Directors Funding Source: N/A From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Dept: Operations Manager Reviewed by Legal: N/A Prepared By: Harold Hulbert, Operations CEQA Compliance: N/A Assistant Subject: Joint Agency Emergency Planning Workshop - September 25, 2012 SUMMARY: The District recently updated its Emergency Operations Plan. The plan meets all State and Federal Requirements. An exercise/workshop is scheduled for September 25 to provide the District and its partner agencies the opportunity to improve the communications and coordination during an emergency event. Participating agencies include: cities of Brea, Placentia, and Yorba Linda; YLWD; Brea and Placentia PD; OCFA; WEROC; SCE and GSWC. Previously, on November 18, 2009, the District hosted a Joint Agency Tabletop Exercise to discuss coordination, identify areas of resource sharing, and coordinate long-term recovery between the participating agencies, how to liaison between agencies and public information issues. The exercise was a success. Participants agreed that the networking that took place at the exercise will carry over into improved communications and the discussions on mutual aid will result in improved coordination of resources for future incidents. The goals of the September 25 exercise are to: • Document all communication systems. • Update contact lists for participating agencies. • Agree on coordination strategies. • Ensure all participants understand what is expected of them. * Review mutual aid procedures. STAFF RECOMMENDATION: That the Board of Directors authorize Director attendance as observers at this event if desired. ATTACHMENTS: Description: Ty;: Exercise Plan 2012.docx Joint Agency Tabletop Exercise/Workshop Plan- Backup Material September 25,2012 Approved by the Board of Directors of the Yorba Linda Water District 9/13/2012 MB/RK 5-0 Yorba Linda Water District Yorba Linda Water District Joint Agency Tabletop Exercise/Workshop Plan September 25, 2012 — Draft 2 Yorba Linda Water District 913 South Richfield Road Placentia, CA 92870 (714) 701 -3121 Exercise Directors: Harold Hulbert 714-701-3121 hhulbert(a-_)ylwd.com Glorria Morrison 714-955-2504 Glorria(ob_verizon.net Successful Exercises Build Successful Responses ! ITEM NO. 14.2 AGENDA REPORT Meeting Date: September 13, 2012 Subject: OCWD Groundwater Adventure Tour - October 18, 2012 STAFF RECOMMENDATION: That the Board of Directors authorize Director attendance at this event if desired. ATTACHMENTS: Description: Type: G roundwaterAdventu reTou rl nvitation.Of Backup Material Backup Material Approved by the Board of Directors of the Yorba Linda Water District 9/13/2012 MB/RK 5-0 SPECIAL INVITATION OCWD Groundwater Adventure Tour ngapkmdhm.m=,. m a,e mdnd,ed.ndd 8:DOAM-4:30PM Enm NnmaredI M mhos,pror Infrastructure and lack of Ning M1are pusM1M southern Callbrnlars water supplles b the October JLB,20:12 an Forma N,an north and antral orange deal e 18700 WARD STREET grednEwrter bass,..".salt,nrAUI management u, FOUNTAIN VALLEY,CA the Orange 0unty W @r DIRnR ICCWO)has p,"d,d a refnable source of wad for nearly BO years. 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