HomeMy WebLinkAbout2013-10-10 - Board of Directors Meeting Agenda PacketYorba Linda
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AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, October 10, 2013, 8:30 AM
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Gary T. Melton, President
Robert R. Kiley, Vice President
Michael J. Beverage
Ric Collett
Phil Hawkins
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 September 23, 2013 at 8:30 a.m.
Meeting scheduled October 28, 2013 at 8:30 a.m.
7. CONSENT CALENDAR
All items listed on the consent calendar are considered to be routine matters, status reports, or documents
covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion.
There will be no discussion on the items unless a member of the Board, staff, or public requests further
consideration.
7.1. Minutes of the Board of Directors Regular Meeting held September 26, 2013
Recommendation: That the Board of Directors approve the minutes as presented.
7.2. Minutes of the Board of Directors Special Meeting held September 30, 2013
Recommendation: That the Board of Directors approve the minutes as presented.
7.3. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize disbursements in
the amount of $464,984.07.
7.4. Progress Payment No. 6 for the Yorba Linda Blvd Pump Station Project
Recommendation: That the Board of Directors approve Progress Payment No. 6 in
the net amount of $52,977.70 to ECI, Inc. for construction of the Yorba Linda Blvd
Pump Station Project, Job No. 2008 -17B.
8. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board discussions are needed prior to
formal Board action.
8.1. Approval of OCWD Annexation Agreement
Recommendation: That the Board of Directors approve Resolution No. 13 -14
Adopting Findings for Purposes of and Pursuant to the Provisions of the California
Environmental Quality Act of 1970 in Connection with the Annexation of 6,258
Acres of Land in the Yorba Linda Water District Boundaries into the Orange County
Water District and Approving an Agreement for Annexation to Orange County Water
District. It is staffs conclusion and recommendation that the Final EIR discussed
below adequately addresses CEQA compliance for YLWD's annexation to OCWD.
8.2. Approval of Change Order No. 3 for the 2012 Waterline Replacement Phase II Project
Recommendation: That the Board of Directors approve Change Order No. 3 in the
amount of $34,013.69 and no additional days to TBU Construction Inc., for
construction of the 2012 Waterline Replacement Phase 11 Project, Job No. 2011 -20.
8.3. Award of Construction Contract for the Drilling of Well No. 21
Recommendation: That the Board of Directors authorize execution of a
Construction Contract to the lowest responsible bidder, Bakersfield Well & Pump
Co. in the amount of $863,345 for the Drilling of Well No. 21.
8.4. Award of Wellhead Equipping Design for Well No. 21
Recommendation: That the Board of Directors authorize execution of a
Professional Services Agreement with Stantec Consulting Services, Inc, to provide
engineering design, bidding support services, and construction management for
Wellhead Equipping of YLWD Well No. 21 in the amount not to exceed $147,258.
8.5. Amendment No. 1 to Professional Services Agreement with CDM Smith for
Hydrogeologic Services for Well No. 21
Recommendation: That the Board of Directors approve Amendment No. 1 in the
amount of $10,620 to CDM Smith for Hydrologic Services to provide full -time
oversight monitoring during the drilling of Well No. 21
8.6. Landscape Contract Approval Change
Recommendation: That the Board of Directors authorize the General Manager to
enter into a Landscape Service Contract with Marina Landscape, Inc. The initial
term of the contract will be 9 month with service starting on October 1, 2013 and
ending on June 30, 2014, with a total contract cost not to exceed $62,320.32.
Additionally, that the Board of Directors authorize the General Manager to execute
the annual renewal options as provided, if staff remains satisfied with the level of
service being provided by Marina Landscape, Inc.
9. REPORTS. INFORMATION ITEMS. AND COMMENTS
9.1. President's Report
9.2. Directors' Report
9.3. Acting General Manager's Report
9.4. General Counsel's Report
9.5. Future Agenda Items and Staff Tasks
10. COMMITTEE REPORTS CONTINUED
10.1. Executive - Administrative - Organizational Committee
(Melton /Kiley)
• Minutes of meeting held September 17, 2013 at 4:00 p.m.
• Meeting scheduled October 15, 2013 at 4:00 p.m.
10.2. Finance - Accounting Committee
(Hawkins /Melton)
Meeting scheduled October 28, 2013 at 12:00 p.m.
10.3. Personnel -Risk Management Committee
(Collett /Beverage)
• Minutes of meeting held October 8, 2013 at 4:00 p.m. (To be provided at the next
regular Board meeting.)
• Meeting scheduled November 12, 2013 at 4:00 p.m.
10.4. Planning- Engineering- Operations Committee
(Kiley /Hawkins)
• Minutes of meeting held October 7, 2013 at 12:00 p.m. (To be provided at the next
regular Board meeting.)
• Meeting scheduled November 13, 2013 at 12:00 p.m.
10.5. Public Affairs - Communications - Technology Committee
(Beverage /Collett)
• Minutes of meeting held September 25, 2013 at 4:00 p.m.
Meeting scheduled October 14, 2013 at 4:00 p.m.
10.6. Organizational and Efficiency Study Ad Hoc Committee
(Beverage /Hawkins)
• Meeting to be scheduled.
10.7. YLWD -City of Placentia Joint Agency Committee
(Melton /Hawkins)
Meeting scheduled October 14, 2013 at 9:30 a.m.
10.8. YLWD -City of Yorba Linda Joint Agency Committee
(Kiley /Beverage)
Meeting scheduled October 16, 2013 at 6:30 p.m.
10.9. YLWD - MWDOC -OCWD Joint Agency Committee
(Beverage /Melton)
• Minutes of meeting held September 24, 2013 at 4:00 p.m.
• Meeting scheduled November 26, 2013 at 4:00 p.m.
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11.1. Yorba Linda LMAD CAC - September 26, 2013 (Kiley)
11.2. YL City Council - October 1, 2013 (Kiley)
11.3. MWDOC Board - October 2, 2013 (Melton)
11.4. OCWD Board - October 2, 2013 (Kiley)
11.5. YL Planning Commission - October 9, 2013 (Melton)
12. BOARD OF DIRECTORS ACTIVITY CALENDAR
12.1. Meetings from October 11, 2013 - November 30, 2013
13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS
This section of the agenda is for the Board of Directors to authorize Director attendance at the listed events.
13.1. Mayor of Yorba Linda State of the City Address - October 23, 2013
Diemer 50th Anniversary and Ozone Facility Dedication - October 25, 2013
Recommendation: That the Board of Directors authorize Director attendance at
these events if desired.
14. 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.
14.1. 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)
14.2. Conference with Legal Counsel — Pending Litigation
Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code
Name of Case: City of Anaheim vs. Ana J. Matosantos, et al. (Superior Court of CA,
Sacramento — Case No. 34- 2013 - 80001529)
14.3. Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section
54956.9 of the California Government Code
Related to line break at 1301 North Rose Drive, Placentia CA 92870.
Number of Potential Cases: One
14.4. Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section
54956.9 of the California Government Code
Related to written communications from potential plaintiffs threatening litigation.
Number of Potential Cases: One
14.5. Public Employment
Pursuant to Section 54957 of the California Government Code
Title: General Manager
15. ADJOURNMENT
15.1. The next Regular Board of Directors Meeting will be held Thursday, October 24, 2013 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.
Meeting Date
Subject:
M
ATTACHMENTS:
ITEM NO. 6.1
AGENDA REPORT
October 10, 2013
Citizens Advisory Committee
(Beverage)
Minutes of meeting held September 23, 2013 at 8:30 a.m.
• Meeting scheduled October 28, 2013 at 8:30 a.m.
Name:
092313 - CAC Minutes.docx
Description:
CAC Mtg Minutes 09/23/13
Type:
Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
CITIZENS ADVISORY COMMITTEE MEETING
Monday, September 23, 2013 8:30 a.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The September 23, 2013 meeting of the Yorba Linda Water District's Citizens
Advisory Committee was called to order by Chair Daniel Mole at 8:30 a.m. The
meeting was held in the Training Room at the District's Administration Building
located at 1717 East Miraloma Avenue, Placentia, California 92870.
2. ROLL CALL
3.
4
COMMITTEE MEMBERS PRESENT
Daniel Mole, Chair
Rick Buck
Fred Hebein
Joe Holdren
YLWD DIRECTORS PRESENT
Michael J. Beverage, Director
Robert R. Kiley, Director
Bill Guse
Oscar Bugarini Sr.
Lindon Baker
Modesto Llanos
YLWD STAFF PRESENT
Damon Micalizzi, Public Information Officer
OTHER ATTENDEES
Brett Barbre, Director, Municipal Water District of Orange County
Darcy Burke, Director of Public Affairs, Municipal Water District of Orange County
Mark Schock
PUBLIC COMMENTS
None.
PRESENTATIONS
4.1. Bay Delta Conservation Plan Update — Darcy Burke, Director of Public
Affairs, Municipal Water District of Orange County
Director Barbre gave a brief synopsis on the ongoing debate about the
policies regarding the Delta and the importance of the Delta as a water
conveyance to all of California. With that, he introduced Darcy Burke
noting her vast history in California water. Ms. Burke offered a
presentation to the Committee on The Bay Delta Conservation Plan
(BDCP), as part of California's overall water management portfolio. She
touched on the many issues encompassing this topic that is being
developed as a 50 -year habitat conservation plan with the goals of
restoring the Sacramento -San Joaquin Delta ecosystem and securing
California water supplies.
1
5. DISCUSSION ITEMS
5.1. Status of OCWD Annexation (Verbal Report)
Director Beverage updated the Committee on the latest information
regarding the pending YLWD Annexation into OCWD.
5.2. Yorba Linda Water District Information Brochure
Mr. Micalizzi presented the Committee with copies of the finalized
brochure. Each member was provided with copies to refer to and or
distribute in the Community.
5.3. OCWD Groundwater Adventure Tour
Mr. Micalizzi informed the Committee of OCWD's upcoming Groundwater
Adventure Tour on Thursday, October 24, 2013, noting that RSVPs should
be made promptly.
5.4. Rescheduling of December Citizens Advisory Committee to December 16,
2013
The Committee discussed holding their December meeting on Monday
December 16, 2013, as the Christmas Holidays had forced the Board of
Directors Meeting to be rescheduled to Monday, December 23, 2013, the
usual date for the CAC to meet. After some discussion, Chairman Mole
suggested scheduling the meeting for December 16, 2103; however, the
Committee would revisit this topic at the future CAC meetings in October
and November as Committee members make their holiday travel plans.
5.5. Future Agenda Items
• District Organizational & Efficiency Study
• Hydraulic Fracturing
6. ADJOURNMENT
6.1. The meeting was adjourned at 10:15 a.m. The next Citizens Advisory
Committee meeting is scheduled to be held Monday, October 28, 2013 at
8:30 a.m.
FA
AGENDA REPORT
Meeting Date: October 10, 2013
ITEM NO. 7.1
Subject: Minutes of the Board of Directors Regular Meeting held September 26, 2013
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Name:
092613 BOD - Minutes.doc
Approved by Board of Directors of the
Yorba Linda Water District
10/10/2013
RC /MB 4 -0 -1
PH was absent.
Description:
BOD Mtg Minutes 09/26/13
Type:
Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, September 26, 2013, 8:30 a.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The September 26, 2013 Regular Meeting of the Yorba Linda Water District
Board of Directors was called to order by President Melton at 8:30 a.m. The
meeting was held in the Board Room at the District's Administration Building
located at 1717 East Miraloma Avenue in Placentia, California 92870.
2. PLEDGE OF ALLEGIANCE
President Melton led the pledge.
3. ROLL CALL
DIRECTORS PRESENT
Gary T. Melton, President
Robert R. Kiley, Vice President
Michael J. Beverage
Ric Collett
Phil Hawkins
ALSO PRESENT
4.
5.
91
STAFF PRESENT
Steve Conklin, Acting General Manager
John DeCriscio, Operations Manager
Delia Lugo, Acting Finance Manager
Art Vega, Acting IT Manager
Annie Alexander, Executive Secretary
Damon Micalizzi, Public Information Officer
Tom Lindsey, Mayor, City of Yorba Linda
Art Kidman, Partner, Kidman Law LLP
Eddy Beltran, Senior Counsel, Kidman Law LLP
ADDITIONS /DELETIONS TO THE AGENDA
None.
PUBLIC COMMENTS
None.
CONSENT CALENDAR
Director Collett made a motion, seconded by Director Hawkins, to approve the
Consent Calendar. Motion carried 5 -0.
6.1. Minutes of the Board of Directors Regular Meeting held September 12,
2013
Recommendation: That the Board of Directors approve the minutes as
presented.
1
6.2. Minutes of the Board of Directors Special Meeting held September 19,
2013
Recommendation
presented.
That the Board of Directors approve the minutes as
6.3. Payments of Bills, Refunds and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $2,979,089.67.
6.4. Progress Payment No. 5 for the Yorba Linda Blvd Pump Station Project
Recommendation: That the Board of Directors approve Progress
Payment No. 5 in the net amount of $194,992.11 to ECI, Inc. for
construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 -
17B.
6.5. Progress Payment No. 7 for the 2012 Waterline Replacement Project,
Phase II
Recommendation: That the Board of Directors approve Progress
Payment No. 7 in the net amount of $93,179.51 to TBU, Inc. for
construction of the 2012 Waterline Replacement Project, Phase ll, Job No.
2011 -20.
7. ACTION CALENDAR
7.1. Letter of Support for Permit for Poseidon Desal Project
Mr. Conklin explained that the Seawater Desalination Working Group at
MWDOC was requesting its members to sign a letter encouraging the
California Coastal Commission to vote to approve the Coastal
Development Permit for the Huntington Beach Seawater Desalination
Facility. A few of the Working Group members are not going to be able to
sign the letter for various reasons so a revised letter excluding their names
has been redistributed. Mr. Conklin then responded to questions from the
Board regarding the reasons why some of the Working Group members
were not going to be able to sign the letter.
Director Beverage made a motion, seconded by Director Collett, to
authorize the Acting General Manager to sign the letter from the Working
Group to the Coastal Commission as the representative of YLWD. Motion
carried 5 -0.
7.2. AWCA /JPIA Auto and General Liability Program for Policy Year 10/1/2013
—10/1/2014
Mr. Conklin explained that staff was presenting this insurance policy to the
Board for consideration in accordance with the District's Risk Management
Policy. This year's premium is $228,600, representing a 9.4% increase
from last year's premium which was $215,272. The Personnel -Risk
2
Management Committee discussed this matter at its last meeting and
recommended payment of the premium. Director Collett noted that even
though the premium had increased from last year's, the total amount was
still less than what was budgeted for this fiscal year.
Director Kiley made a motion, seconded by Director Collett, to approve the
ACWA/JPIA Auto and General Liability Insurance deposit premium for the
policy year October 1, 2013 through September 30, 2014 in the amount of
$228,600 and continue with the Retrospective Allocation Point of $25,000.
Motion carried 5 -0.
8. REPORTS, INFORMATION ITEMS, AND COMMENTS
8.1. President's Report
None.
8.2. Directors' Report
■ MWD /MWDOC Inspection Trip Edmonston Pumpling Plant —
September 20, 2013 (Melton)
President Melton briefly reported on his attendance at this event
and stated that it was a very exciting tour.
8.3. Acting General Manager's Report
Mr. Conklin reported on the results of the District's participation in
OCWA's annual horseshoe competition and pipe- tapping contest. He also
stated that he had recently met with Rob Hunter, the new General
Manager for MWDOC. Mr. Hunter is planning to come and meet all of the
Board members shortly. Mr. Conklin then reported on the status of the
District's request for annexation to OCWD. The agreement is scheduled
to be considered by OCWD's Board of Directors on October 2, 2013 and
YLWD's Board of Directors on October 10, 2013. Mr. Conklin briefed the
Board on the status of various construction projects and asked Mr.
DeCriscio to provide an overview of the activities of the Operations
Department related to sewer maintenance. Mr. DeCriscio stated that
there had been a significant decrease in sewer overflows since 2007 with
zero occurring in 2010, 2012 or 2013 to date. Mr. Conklin invited the
Board to attend the District's Health Benefits Fair on October 15, 2013.
Mr. DeCriscio stated that the Operations Department was mostly involved
in routine maintenance at this time. He further noted that he had received
a call from MET advising the District that they were considering an 11 -day
shutdown in January 2014. Mr. Conklin and Mr. DeCriscio then
responded to questions from the Board regarding the status of
construction on Richfield Road and the relocation of District signage to the
another construction project.
8.4. General Counsel's Report
Mr. Kidman stated that a Closed Session would be necessary and
provided the Board with an overview of recent developments related to AB
145.
3
8.5. Future Agenda Items and Staff Tasks
Director Beverage suggested that staff begin making preparations for the
potential drilling of another well in 2016 should the District's request for
annexation to OCWD be approved.
Director Melton asked about the status of the project on Gun Club Road.
Mr. Conklin responded that construction was still in progress and staff was
anticipating completion by early next year.
Director Beverage commented on the recent development of an
informational brochure that will be used by members of YLWD's Citizens
Advisory Committee for public distribution. Mr. Micalizzi provided a copy
of the brochure to the Board.
9. COMMITTEE REPORTS
9.1. Executive - Administrative - Organizational Committee
(Melton /Kiley)
■ Next meeting is scheduled to be held September 17, 2013 at 4:00
p.m.
9.2. Finance - Accounting Committee
(Hawkins /Melton)
■ Minutes of the meeting held September 16, 2013 at 12:00 p.m.
were provided in the agenda packet.
■ Next meeting is scheduled to be held October 28, 2013 at 12:00
p.m.
9.3. Personnel -Risk Management Committee
(Collett /Beverage)
■ Minutes of the meeting held September 10, 2013 at 4:00 p.m. were
provided in the agenda packet.
■ Next meeting is scheduled to be held October 8, 2013 at 4:00 p.m.
9.4. Planning- Engineering- Operations Committee
(Kiley /Hawkins)
■ Next meeting is scheduled to be held October 7, 2013 at 12:00 p.m.
9.5. Public Affairs - Communications - Technology Committee
(Beverage /Collett)
■ Minutes of the meeting held September 9, 2013 at 4:00 p.m. were
provided in the agenda packet.
12
■ Minutes of the meeting held September 25, 2013 at 4:00 p.m. will
be provided at the next regular Board meeting.
■ Next meeting is scheduled to be held October 7, 2013 at 4:00 p.m.
9.6. Organizational and Efficiency Study Ad Hoc Committee
(Beverage /Hawkins)
■ Next meeting to be scheduled.
9.7. YLWD -City of Placentia Joint Agency Committee
(Melton /Hawkins)
■ Next meeting is scheduled to be held October 14, 2013 at 9:30 a.m.
9.8. YLWD -City of Yorba Linda Joint Agency Committee
(Kiley /Beverage)
■ Next meeting is scheduled to be held October 16, 2013 at 6:30 p.m.
9.9. YLWD - MWDOC -OCWD Joint Agency Committee
(Beverage /Melton)
■ Minutes of the meeting held September 24, 2013 at 4:00 p.m. will
be provided at the next regular Board meeting.
■ Next meeting is scheduled to be held November 26, 2013 at 4:00
p.m.
9.10. Citizens Advisory Committee
(Beverage)
■ Minutes of the meeting held September 23, 2013 at 8:30 a.m. will
be provided at the next regular Board meeting.
■ Next meeting is scheduled to be held October 28, 2013 at 8:30 a.m.
10. INTERGOVERNMENTAL MEETINGS
10.1. City of YL LMAD CAC— September 12, 2013 (Beverage)
Director Beverage attended and stated that the members were currently
working on developing a mission statement for the Committee.
10.2. YL City Council — September 17, 2013 (Collett)
Director Collett attended and commented on a few presentations provided
during the meeting regarding the proposed construction of a toll road on
the 91 freeway and the status of the Town Center.
0
10.3. MWDOC Board — September 18, 2013 (Melton)
Director Melton attended and commented on the letter of support for the
Huntington Beach Seawater Desalination Facility Permit and the
continuation of the turf removal rebate program which were both approved
during the meeting.
10.4. OCWD Board — September 18, 2013 (Kiley)
Director Kiley attended and noted that the status of the District's request
for annexation to OCWD was discussed during the meeting.
11. BOARD OF DIRECTORS ACTIVITY CALENDAR
11.1. Meetings from September 27, 2013 —October 31, 2013
The Board reviewed the activity calendar and made no changes.
12. CONFERENCES, SEMINARS, AND SPECIAL EVENTS
Director Collett stated that he had recently received an invitation from MET to
attend their 50th anniversary celebration and dedication of the new ozone
facilities at the Diemer Water Treatment Plant in Yorba Linda on October, 25,
2013. He will forward the invitation on the Directors following the Board meeting.
12.1. Yorba Linda Mayor's Prayer Breakfast — October 17, 2013
MWDOC Water Policy Forum & Dinner— October 23, 2013
OCWD Groundwater Adventure Tour — October 24, 2013
ACWA /JPIA Fall Conference — December 2 -3, 2013
ACWA Fall Conference — December 3 -6, 2013
CRWUA Annual Conference — December 11 -13, 2013
Director Beverage made a motion, seconded by Director Hawkins, to
authorize Director attendance at these events if desired. Motion carried
5 -0.
Mayor Lindsey addressed the Board and thanked Directors Beverage and Kiley
for their attendance at the City Yorba Linda's LMAD Citizens Advisory Committee
meetings. He provided an overview of the City Council's role in supporting the
Committee and asked that the Board feel free to provide the Councilmembers
with feedback.
13. CLOSED SESSION
The meeting was adjourned to Closed Session at 9:25 a.m. All Directors were
present. Also present were Mrs. Knight and Messrs. Conklin, Kidman and
Beltran.
3
13.1. 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)
13.2. Conference with Legal Counsel — Pending Litigation
Pursuant to Subdivision (a) of Section 54956.9 of the California
Government Code
Name of Case: City of Anaheim vs. Ana J. Matosantos, et al.
(Superior Court of CA, Sacramento — Case No. 34-
2013- 80001529)
13.3. Conference with Legal Counsel — Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision
(d) of Section 54956.9 of the California Government Code
Related to line break at 1301 North Rose Drive, Placentia CA 92870.
Number of Potential Cases: One
13.4. Conference with Legal Counsel — Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision
(d) of Section 54956.9 of the California Government Code
Related to written communications from potential plaintiffs threatening
litigation.
Number of Potential Cases: One
Mr. Conklin departed from the Closed Session prior to discussion of Item No. 13.5.
13.5. Public Employment
Pursuant to Section 54957 of the California Government Code
Title: General Manager
The Board reconvened in Open Session at 9:55 am. President Melton
announced that no action was taken during Closed Session that was required to
be reported under the Brown Act.
7
14. ADJOURNMENT
14.1. The meeting was adjourned at 9:56 a.m. The next Regular Board of
Directors Meeting will be held Thursday, October 10, 2013 at 8:30 a.m.
Steven R. Conklin
Board Secretary
AGENDA REPORT
Meeting Date: October 10, 2013
ITEM NO. 7.2
Subject: Minutes of the Board of Directors Special Meeting held September 30, 2013
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Name:
093013 BOD - Minutes.doc
Approved by Board of Directors of the
Yorba Linda Water District
10/10/2013
RC /MB 4 -0 -1
PH was absent.
Description:
BOD Mtg Minutes 09/30/13
Type:
Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS SPECIAL MEETING
Monday, September 30, 2013, 5:00 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The September 30, 2013 Yorba Linda Water District Board of Directors Special
Meeting was called to order by President Melton at 5:05 p.m. The meeting was
held in the Board Room at the District's Administration Building located at 1717
East Miraloma Avenue in Placentia, California 92870.
2. PLEDGE OF ALLEGIANCE
President Melton led the pledge.
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Gary T. Melton, President Steve Conklin, Acting General Manager
Robert R. Kiley, Vice President Gina Knight, Human Resources and Risk Mgr
Michael J. Beverage
Phil Hawkins ALSO PRESENT
Richard Kreisler, Partner, Liebert Cassidy Whitmore
DIRECTORS ABSENT
Ric Collett
4. PUBLIC COMMENTS
None.
5. CLOSED SESSION
The meeting was adjourned to Closed Session at 5:06 p.m. All Directors in
attendance were present. Also present was Mrs. Knight and Messrs. Conklin
and Kreisler.
5.1. Public Employee Discipline /Dismissal /Release
Pursuant to Section 54957 of the California Government Code
The Board reconvened in Open Session at 5:21 p.m. President Melton
announced that no action was taken during Closed Session that was required to
be reported under the Brown Act.
6. ADJOURNMENT
6.1. The meeting was adjourned at 5:22 a.m. The next Regular Board of
Directors Meeting will be held Thursday, October 10, 2013 at 8:30 a.m.
Steven R. Conklin
Board Secretary
1
AGENDA REPORT
Meeting Date: October 10, 2013
To: Board of Directors
From: Steve Conklin, Acting General
Manager
Presented By: Delia Lugo, Acting Finance
Manager
Prepared By: Maria Trujillo, Accounting
Assistant II
Budgeted
Funding Source:
Dept:
Subject: Payments of Bills, Refunds, and Wire Transfers
SUMMARY:
ITEM NO. 7.3
Yes
All Funds
Finance
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 $464,984.07.
DISCUSSION:
The major item on this disbursement list is as follows: A check of $52,977.70 to Environmental
Construction, Incorporated for Yorba Linda Blvd Booster Pump Station September progress
payment. The balance of $178,673.04 is routine invoices.
The Accounts Payable check register total is $231,650.74; Payroll No. 20 total is $233,333.33; and,
the disbursements of this agenda report are $464,984.07. A summary of the checks is attached.
STRATEGIC PLAN:
FR 1 -F: Continue to Record and Report the Fairly Stated Financial Activities of the District in a
Timely and Transparent Manner to the Board of Directors and Member Agencies
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors approves bills, refunds and wire transfers semi - monthly.
ATTACHMENTS:
Name: Description: Type:
CkReg101013 BOD.xIs Check Register Backup Material
13 -CS 1010.doc Cap Sheet Backup Material
13 CC 1010.pdf Credit Card Summary Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
10/10/2013
RC /MB 4 -0 -1
RC abstained from voting on the Credit Card
Summary as he has a financial interest with
one of the listed vendors.
PH was absent.
Yorba Linda Water District
Check Register
For Checks Dated: 9/27/2013 thru 10/10/2013
Check No.
Date
Vendor Name
Amount
Description
62165
10/10/2013
All American Asphalt
899.40
CUSTOMER REFUND
62172
10/10/2013
Aqua- Metric Sales Co.
3,741.09
MEASURING CHAMBER ETC
62173
10/10/2013
Aramark
892.84
UNIFORMS
62179
10/10/2013
ARC
102.41
WELL 21 S &W PROJ JOB SPECS
62174
10/10/2013
Associated Laboratories
1,983.10
LAB ANALYSES
62238
10/10/2013
AT & T
45.43
CIRCUIT 33984101725899 SEP
62175
10/10/2013
AT & T - Calnet2
3,156.50
COMMUNICATIONS 8/12 -9/11
62176
10/10/2013
Autoscribe Corporation
329.50
VISION GATEWAY
62177
10/10/2013
CalCard US Bank
21,548.28
YLWD VISA CAL CARD
62163
10/10/2013
CESAR MARTINEZ
33.50
CUSTOMER REFUND
62178
10/10/2013
Clinical Lab. Of San Bern.
1,750.00
CHEMICAL FOR TESTING
62182
10/10/2013
Culligan of Santa Ana
25.65
WATER SOFTENER SVC
62183
10/10/2013
Damon Micalizzi
216.23
MEEITING MILEAGE
62181
10/10/2013
DAN BROWN
12.18
CUSTOMER REFUND
62184
10/10/2013
Datalok Orange County
220.07
DATA STORAGE
62162
10/10/2013
DEBRA RIKLI
30.14
CUSTOMER REFUND
62185
10/10/2013
Delta Wye Electric, Inc.
500.06
LAKEVIEW STARTERS /LABOR-
62186
10/10/2013
Derek Nguyen
280.00
REIMBURSE ASCE MEM. #485724
62187
10/10/2013
Dick's Lock & Safe Inc.
593.24
REPL LEVERS ON 2 DOORS
62188
10/10/2013
DME Incorporated
1,120.08
WELL 18 EXHAUST FLEX
62189
10/10/2013
Eisel Enterprises, Inc.
688.50
READING LID
62190
10/10/2013
Employee Relations, Inc.
151.15
EMP BKGRD REP
62191
10/10/2013
Employment Development Departm
1,749.84
UEMP LIABILITY 4/1- 6/30 -13
62192
10/10/2013
Environmental Construction Inc
52,977.70
PALM AV BPS PIPLN PROG PAY
62193
10/10/2013
Equarius Waterworks
11,430.72
WHS STOCK
62195
10/10/2013
EyeMed
1,250.68
VISION PLAN OCT 2013
62194
10/10/2013
Federal Express
63.16
POSTAGE
62168
10/10/2013
FIRST TEAM RE
37.07
CUSTOMER REFUND
62196
10/10/2013
Fleet Services, Inc
609.54
VALVE MODULATOR
62197
10/10/2013
Grandpoint Bank
2,788.30
PALM AVE RETNTN SEPT
62198
10/10/2013
Graybar Electric Co
86.21
FREIGHT
62199
10/10/2013
Hushmand Associates Inc
4,736.50
2010 WTRLN PROJ PH II AUG
62200
10/10/2013
Infosend Inc.
6,609.38
BILL MAILING
62201
10/10/2013
Jackson's Auto Supply - Napa
79.62
FUERL PRESSURE REGULATOR
62166
10/10/2013
JEFF BARRETT
522.77
CUSTOMER REFUND
62202
10/10/2013
Jimni Systems Inc
11,444.08
GRN CREST SVCS /REPAIR -PUMP
62170
10/10/2013
JOHN BOND
842.72
CUSTOMER REFUND
62203
10/10/2013
Ken Mendum
105.00
REIMBURSE DIST CERT RENWL
62204
10/10/2013
Killingsworth Gear
2,164.06
WK BAL DRIVELINE
62205
10/10/2013
Koff & Associates, Inc
4,880.00
DATA ANALYSIS
62206
10/10/2013
Lewellyn Technology LLC
4,397.50
DATA COLLECTION
62207
10/10/2013
Mc Fadden -Dale Hardware
883.39
SEPT PURCHASE
62164
10/10/2013
MICHELLE PARK
33.79
CUSTOMER REFUND
62208
10/10/2013
Mine Safety Appliance Co
1,264.36
PC BOARD
62171
10/10/2013
MONICA TRUDELL
194.03
CUSTOMER REFUND
62209
10/10/2013
Municipal Water District
159.98
SMART TIMER
62210
10/10/2013
NatPay Online Business Solutions
36.90
DOCULIVERY 7/2 -7/31
62211
10/10/2013
New Pig Corporation
661.14
WIPERS, BARRELMUG ETC
62212
10/10/2013
Norman A. Traub Associates
5,000.00
CONSULTING SVC /HR ISSUES
62213
10/10/2013
Novusolutions
3,800.00
ANNUAL MAINT 12/4/13-12/3/14
62214
10/10/2013
O.C. Driveline
253.57
TUBING
62215
10/10/2013
Omni Western Inc
64.80
UNIT 174 JAW INSERTS
62216
10/10/2013
One Source Distributors, LLC
106.75
LIMIT SWITCH
62217
10/10/2013
ONLINE Information Services, Inc.
26.73
COLLECTIONS AUGUST
62218
10/10/2013
Orange County Register
1,472.52
DEL, PUB. NOTICE WELL 21 S &W
62169
10/10/2013
OSCAR BANDOQUILLO
87.29
CUSTOMER REFUND
62231
10/10/2013
Petty Cash
417.30
PETTY CASH REIMBURSEMENT
62219
10/10/2013
Powerstride Battery
232.35
BATTERY
62167
10/10/2013
PREMIER CORP HOUSING
610.67
CUSTOMER REFUND
62220
10/10/2013
Prudential Group Insurance
3,155.01
OCT 13 L/T DISABILITY GRP
62221
10/10/2013
Quinn Power Systems Associates
321.01
HIGHLAND #5
62222
10/10/2013
Robert Kiley
20.00
REIMBURSE DATA PLAN FOR IPAD
62180
10/10/2013
S &S CONSTRUCTION
38.65
CUSTOMER REFUND
62223
10/10/2013
Safety -Kleen Systems Inc
313.79
PART WASHER SVC ACCT# 333253
62224
10/10/2013
Sancon Engineering Inc.
17,795.00
MANHOLE REHAB
62225
10/10/2013
SC Prime Source Inc.
2,210.00
SHAMPOO CARPET 9/3
62226
10/10/2013
Shred -It USA Inc
177.40
CONFIDENTIAL DOC SHRED
62227
10/10/2013
Siemens Water Technologies, LLC
1,426.46
INSTRMNT ELECTROCHEM
62228
10/10/2013
Southern Calif Edison Co.
31,314.34
SERVICES ALL SITES
62229
10/10/2013
Southern Calif Gas Co.
7,196.56
SERVICES ALL SITES
62230
10/10/2013
State Chemical Manufacturing
245.92
NEED IT -EPDXY
62232
10/10/2013
Sunrise Medical Group
720.00
MEDICAL ACTIVITY
62233
10/10/2013
Time Warner Cable
1,114.62
BROADCAST 9/18 -10/17
62234
10/10/2013
Truc Pro's Inc
4,331.48
BODY REPAIR UNIT #175
62235
10/10/2013
United Industries
274.30
GLASS & WINDOW CLEANER
62085 -62161
10/10/2013
VOID CHECKS
0.00
VOID CK /PRINTER ERROR
62239 -62241
10/10/2013
VOID CHECKS
0.00
VOID CK /PRINTER ERROR
62236
10/10/2013
Water Education Foundation
486.00
WEF PRG OCT -16 -18
62237
10/10/2013
Yorba Linda Hardware
110.43
AUG SVC
Total $231,650.74
October 10, 2013
CHECK NUMBERS:
Void Checks 62085 -62161 $ 0.00
Computer Checks 62162 -62238 $ 231,650.74
Void Checks 62239 -62241 $ 0.00
$ 231,650.74
TOTAL OF CHECKS
PAYROLL NO. 20:
Direct Deposits $ 147,978.07
Third Party Checks 5679 -5688 $ 45,359.52
Payroll Taxes $ 39,995.74
$ 231,650.74
TOTAL OF PAYROLL $ 233,333.33
----------------------------------------------------------------------------------------------------------------------
DISBURSEMENT TOTAL: $ 464.984.07
------------------------------------------------------------------
------------------------------------------------------------------
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF OCTOBER 10, 2013
------------------------------------------------------------------
------------------------------------------------------------------
Cal Card Credit Card
U S Bank
09/05/2013- 09/26/13
Date
Vendor Name
Amount
Description
09/05/13
Southwest Airlines
175.30
Travel /LCW Conf SF -GK
09/05/13
Southwest Airlines
197.80
Travel /LCW Conf SF -AC
09/05/13
Southwest Airlines
157.80
Travel /LCW Conf SF -BM
09/11/13
Westside Building
291.60
Tapping Bits
09/14/13
Stefano's Golden Baked Hams
49.70
Lunch for interview panel members (GM)
09/16/13
Caesar's Place
131.04
CRWUA Conf. Lodging - Dir. Beverage -12/13
09/16/13
Caesar's Place
131.04
CRWUA Conf. Lodging - Dir. Beverage -12/13
09/17/13
Community Lock
7.29
Locker Room Keys
09/17/13
Light Bulbs Etc.
38.77
Light Bulbs
09/17/13
The Home Depot
909.98
Concrete & Concrete Supplies /Hammer
09/17/13
Verizon Wireless
2,391.93
Comm Svc 7/21- 8/20/13
09/18/13
Stefano's Golden Baked Hams
35.00
Finance Section Sup /Lead Lunch Mtg
09/18/13
Albertsons
11.47
Refreshments for Special Board Mtg - 9/19
09/18/13
America's Signs
330.60
Adjustment of Lobby and Board Room Signs
09/18/13
Vista Paint Corp
40.78
Painting Supplies - tape, paper, plastic, etc.
09/18/13
LA Freightliner
222.88
Air Bulkhead
09/18/13
Praxair Dist
126.65
Acetylene, Oxygen
09/19/13
City of Yorba Linda
636.00
Inspection Fee for pavement striping 9/13
09/19/13
Southwest Airlines
255.30
Water Lenders Program - Sac - D.Nguyen
09/19/13
Arma International
1,499.00
Registration for Essentials Of RIM- A.Alexander
09/23/13
Placentia Disposal
490.28
Sept /2013 Invoice
09/23/13
Online Information System
431.70
Aug /2013 Invoice - Utility Exchange Rpt
09/23/13
Wells Supply Company
10,253.61
Aug /2013 Open Invoices
09/23/13
Konica Minolta
598.88
Copies Charges,
09/25/13
Vista Paint Corp
26.72
Paint for Facilities
09/25/13
RSD 9
422.16
Ac Filters
09/26/13
Laserfiche
1,685.00
Laserfiche Conf. Reg. for AV, RS, and AA
TOTAL
21,548.28
Meeting Date
To:
From:
Presented By
Prepared By:
Subject:
SUMMARY:
AGENDA REPORT
October 10, 2013
Board of Directors
Steve Conklin, Acting General
Manager
Steve Conklin, Acting General
Manager
Budgeted:
Total Budget:
Cost Estimate:
Funding Source
Account No:
Job No:
Dept:
Reviewed by Legal:
Joe Polimino, Project Engineer CEQA Compliance:
ITEM NO. 7.4
Yes
$2.6M
$2.3M
All Water Funds
101 -2700
200817B
Finance
No
MND
Progress Payment No. 6 for the Yorba Linda Blvd Pump Station Project
Work is continuing on the construction of the Yorba Linda Blvd Pump Station Project. The project
consists of three electric motor driven vertical turbine pumps, flow control valves, a motor control
center, various yard piping and a new masonry block building.
STAFF RECOMMENDATION:
That the Board of Directors approve Progress Payment No. 6 in the net amount of $52,977.70 to
ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 -17B.
DISCUSSION:
In accordance with the contract documents, ECI Inc. submitted a request for Progress Payment No.
6, in the amount of $55,766.00 for completed work through September 30, 2013. During this period,
the contractor completed installation of the block walls and filled them with grout. This work included
installation of the door frames and louvers for the building. They also completed a portion of the
cathodic protection for the underground pipe. The status of the construction contract with ECI Inc. is
as follows:
• The current contract is $1,581,179.00 and 365 calendar days starting April 1, 2013.
• If approved, Progress Payment No. 6 is $55,766.00 (3.5% of the total contract amount), less
5% retention of $ 2,788.30 for a net payment of $52,977.70.
• If approved, total payments to date including retention will be $716,040.00 (45.3% of the total
contract amount).
• As of September 30, 2013, 183 calendar days were used (50.1 % of the contract time).
Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress
Payment No. 6 is attached for your reference.
PRIOR RELEVANT BOARD ACTION(S):
On December 20, 2012, the Board of Directors authorized the President and Secretary to execute a
construction agreement between Environmental Construction, Inc. (ECI), and the Yorba Linda
Water District for the Construction of the Yorba Linda Blvd Pump Station Project in the amount of
$1,581,179.00. The Board of Directors has approved five progress payments to date, the last of
which was approved on September 26, 2013.
ATTACHMENTS:
Nam
ECI YL Blvd. PS Progress Pay Request 6.odf
Approved by the Board of Directors of the
Yorba Linda Water District
10/10/2013
RC /MB 4 -0 -1
PH was absent.
Description: Type:
PPR 6 for ECI Construction YL Blvd PS Backup Material
YORBA LINDA WATER DISTRICT
PROGRESS PAY REPORT
PROJECT Yorba Linda Blvd. Pump Station PROGRESS PAY REQUEST NO. 006
LOCATION Yorba Linda, CA PROJECT NO. 200817B PAGE 1 OF 1 PAGES
CONTRACTOR Environmental Construction Inc. DATE 9/26/13
ORIGINAL CONTRACT AMOUNT: $ 1,581,179.00
AUTHORIZED CHANGE ORDERS: $ -
REVISED CONTRACT AMOUNT: $ 1,581,179.00
PROGRESS PAY ESTIMATE FOR PERIOD
VALUE OF WORK COMPLETED
CHANGE ORDER WORK COMPLETED
TOTAL VALUE OF WORK COMPLETED
LESS RETENTION 5%
LESS OTHER DEDUCTIONS
NET EARNED TO DATE
LESS AMOUNT PREVIOUSLY PAID
BALANCE DUE THIS ESTIMATE
NOTICE TO PROCEED
COMPLETION TIME
APPROVED TIME EXTENSIONS
TOTAL CONTRACT TIME
TIME EXPENDED TO DATE
TIME REMAINING
REQUESTED BY:
RECOMMENDED:
September 1, 2013
TO Septemb
PREVIOUS
THIS MONTH
0
$
660,274.00
$ 55,766.00
$
CALENDAR DAYS
182
CALENDAR DAYS
$
660,274.00
$ 55,766.00
$
$
627,260.30
$ 52,977.70
$
Electronic Wire Fees
tai inc.
Joe Pollmino, Project Engineer, YLWU
M, 2013
TO DATE
716, 040.00
716,040.00
$ 627,260.30
$ 52,977.70
DATE: 1
DATE: !�
APPROVED BY: DATE:
Steve Conklin, Engineering Manager, YLWD
April 1, 2013
365
CALENDAR DAYS
0
CALENDAR DAYS
365
CALENDAR DAYS
183
CALENDAR DAYS
182
CALENDAR DAYS
tai inc.
Joe Pollmino, Project Engineer, YLWU
M, 2013
TO DATE
716, 040.00
716,040.00
$ 627,260.30
$ 52,977.70
DATE: 1
DATE: !�
APPROVED BY: DATE:
Steve Conklin, Engineering Manager, YLWD
AGENDA REPORT
Meeting Date: October 10, 2013
To: Board of Directors
From: Steve Conklin, Acting General
Manager
Presented By: Steve Conklin, Acting General
Manager
Prepared By: Steve Conklin, Acting General
Manager
Budgeted
Cost Estimate:
Funding Source:
Dept:
Reviewed by Legal:
CEQA Compliance:
Subject: Approval of OCWD Annexation Agreement
STAFF RECOMMENDATION:
ITEM NO. 8.1
No
$300,000 /Year
Water Capital
Reserves
Administration
Yes
EIR
That the Board of Directors approve Resolution No. 13 -14 Adopting Findings for Purposes of and
Pursuant to the Provisions of the California Environmental Quality Act of 1970 in Connection with
the Annexation of 6,258 Acres of Land in the Yorba Linda Water District Boundaries into the Orange
County Water District and Approving an Agreement for Annexation to Orange County Water District.
It is staff's conclusion and recommendation that the Final EIR discussed below adequately
addresses CEQA compliance for YLWD's annexation to OCWD.
DISCUSSION:
On October 2, 2013, the OCWD Board of Directors approved Resolution No. 13 -10 -125 titled "A
Resolution of the Board of Directors of the Orange County Water District Certifying a Final
Environmental Impact Report, Making Findings of Fact, Adopting a Mitigation Monitoring and
Reporting Program, Approving Annexation Agreements, Application and Plan of Services and
Authorizing Initiation of Proceedings and Requesting the Orange County Local Agency Formation
Commission to Take Proceedings of Annexation to the District of Territory Within the Boundaries of
City of Anaheim, Irvine Ranch Water District and Yorba Linda Water District, Known as Annexation
No. OCWD 2013 -01 -- Annexation to OCWD of Portions of Anaheim, IRWD and
YLWD." (http: / /www.ocwd.com /Portals /0 /BoardAgendas/ 2013 /05.B .Annexation %20Resolution.pdf)
In approving this resolution, the OCWD Board performed the following actions:
• Adopted the Final Program /Project EIR for the OCWD Annexation Request by the City of
Anaheim, IRWD, and YLWD
• Adopted the Mitigation Monitoring and Reporting Program included in the Final EIR
• Approved execution of an annexation agreement with the City of Anaheim
• Approved execution of an annexation agreement with IRWD
• Approved execution of an annexation agreement with YLWD
• Authorized and directed staff to file a CEQA Notice of Determination
• Approved the Resolution to LAFCO and directed staff to prepare the necessary documents
and application to LAFCO to annex the requested areas into the District
The Final Program /Project EIR ( http:// www. ocwd. com/ EnvironmentalImpactReport.aspx) evaluated
the potential impacts to the groundwater basin due to the requested annexations. It evaluated
potential impacts at a range of basin storage conditions from 200,000 AF to 500,000 AF
accumulated overdraft. It utilized basin computer modeling to conduct 20 different model runs,
looking at different Basin Production Percentages (BPPs), different assumed annexation pumping,
and other conditions. In summary, the EIR concluded that after incorporation of the mitigation
measures set forth in the EIR, there will be no significant unavoidable adverse impacts from the
annexations approved by the OCWD Board for IRWD, Anaheim and YLWD.
YLWD is a responsible agency under CEQA as YLWD is responsible for approving a portion of
YLWD's annexation to OCWD (the "Project "). As part of its role as a responsible agency, YLWD
staff participated in the preparation of the Draft EIR, the Final EIR and the Mitigation Monitoring and
Reporting Program (MMRP), with respect to those portions relevant to the Project. The MMRP only
refers to YLWD's future construction activities because IRWD and the City of Anaheim will not be
building any new facilities. YLWD will comply with CEQA and use the Final EIR and the MMRP as
programmatic environmental review documents, before constructing any new wells for the Project.
Staff and legal counsel have reviewed OCWD's Resolution No. 13 -10 -125 and concur with the
findings therein, with respect to those portions relevant to the Project.
The Annexation Agreement between OCWD and YLWD, as approved on October 2, 2013 by the
OCWD Board, is attached as Exhibit B to the proposed YLWD Resolution No. 13 -14. Key points of
the Annexation Agreement are:
e YLWD shall not initiate a future annexation request for ten years after approval of this
application.
• YLWD waives any rights it may have per the 1970 Bryant Ranch Agreement.
• YLWD agrees for a period of 50 years to continue sending all sewage flows generated from its
service territory to the Orange County Sanitation District treatment facilities.
• YLWD agrees that for a period of five years from the approval date of the agreement to limit its
BPP to the lesser of 70 percent or the actual BPP annually established by the OCWD Board.
• YLWD agrees to pay a minimum annexation fee if OCWD loses its Ad Valorem property tax
revenue (which establishes $19 million as the minimum amount for Term "C" in the
Annexation Charge Formula, as defined in the Annexation Agreement)
• YLWD agrees to share in the cost of any CEQA lawsuit
• YLWD supports the application to be made to LAFCO following approval of the annexations
by OCWD
STRATEGIC PLAN:
SR 1 -A: Continue with Efforts to Annex District Service Area to Orange County Water District
ATTACHMENTS:
Resolution No. 13- 14.pdf
Calculation of Annual Annexation Charge.pdf
Approved by the Board of Directors of the
Yorba Linda Water District
10/10/2013
MB /RC 4 -0 -1 Roll Call
Description:
Resolution
Backup Material
Type:
Resolution
Backup Material
I PH was absent.
RESOLUTION NO. 13 -14
RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA
LINDA WATER DISTRICT ADOPTING FINDINGS FOR PURPOSES OF
AND PURSUANT TO THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970 IN CONNECTION WITH
THE ANNEXATION OF 6,258 ACRES OF LAND IN THE YORBA LINDA
WATER DISTRICT BOUNDARIES INTO THE ORANGE COUNTY
WATER DISTRICT AND APPROVING AN AGREEMENT FOR
ANNEXATION TO ORANGE COUNTY WATER DISTRICT
WHEREAS, there are 6,258 acres of land within the Yorba Linda Water District
( "YLWD ") boundaries, but outside of the boundaries of the Orange County
Water District ( "OCWD "); this area is depicted in Exhibit "A" attached
hereto and incorporated herein by reference ( "Subject Territory ");
WHEREAS, on October 15, 2009, YLWD submitted a request to OCWD to annex the
Subject Territory into the boundaries of OCWD ( "Project ");
WHEREAS, in addition to YLWD, the City of Anaheim ( "Anaheim ") and the Irvine
Ranch Water District ( "IRWD ") also submitted requests to OCWD for the
annexation of territory within their respective districts into the boundaries
of OCWD ( "Additional Annexations ");
WHEREAS, on January 29, 2011, OCWD, as the lead agency for the Project and the
Additional Annexations, circulated a notice of preparation of an
Environmental Impact Report ( "EIR ") for the Project and the Additional
Annexations as required by the California Environmental Quality Act
( "CEQA "), and in addition, held a scoping meeting on August 10, 2011, at
the offices of OCWD;
WHEREAS, YLWD is a responsible agency under CEQA as YLWD is responsible for
approving a portion of the Project, and, in the case of IRWD and Anaheim,
they are responsible agencies as these agencies are responsible for
approving their respective portion of the Additional Annexations;
WHEREAS, taking into consideration the comments received during the public scoping
process and other CEQA requirements relating to the contents of the EIR,
a Draft Environmental Impact Report ( "DEIR ") was prepared by OCWD;
WHEREAS, in the preparation of the DEIR, OCWD consulted with Anaheim, IRWD,
and YLWD in their capacity as responsible agencies, and, in connection
therewith, YLWD participated in the DEIR's preparation but only with
respect to that portion of the DEIR relevant to the Project;
Resolution No. 13 -14 Annexation to OCWD
WHEREAS, the DEIR was circulated by OCWD from March 29, 2013 to May 17, 2013,
and, on April 30, 2013, OCWD held a public meeting on the DEIR at the
offices of OCWD; and
WHEREAS, during the official public review period for the DEIR, fourteen (14)
comment letters were received by OCWD;
WHEREAS, OCWD reviewed all of the comments on the DEIR received from
interested persons, organizations and agencies and prepared detailed
responses to the comments directed to any significant environmental
issues, revisions to the DEIR text and other information required by CEQA
to be included in the Final EIR ("FEIR ");
WHEREAS, CEQA provides that when an EIR identifies any significant environmental
effects that would occur if the project is approved or carried out, a
responsible agency must make a specified finding or findings with respect
to each of the identified significant effects, and must also adopt a
mitigation monitoring program for the changes to the project which it has
adopted or made a condition of approval in order to mitigate or avoid
significant project - related impacts on the environment;
WHEREAS, at its meeting held on October 2, 2013, at 5:30 p.m., the Board of
Directors of OCWD certified that the FEIR was completed in compliance
with CEQA and reflects OCWD's independent judgment and analysis,
adopted findings as required by CEQA, approved an agreement with
YLWD relating to the implementation of the Project and agreements with
IRWD and Anaheim relating to the implementation of the Additional
Annexations, and adopted a Mitigation Monitoring and Reporting Program
( "MMRP "), attached hereto as Exhibit "C" for YLWD's annexation;
WHEREAS, the certified FEIR, together with OCWD's adopted findings, have been
presented to YLWD's Board of Directors;
WHEREAS, as a responsible agency, YLWD is required by CEQA to consider the
FEIR prepared by OCWD and reach its own conclusions on whether and
how to approve the agreement with OCWD relating to the Project; and
WHEREAS, the YLWD Board of Directors has reviewed and considered the
information contained in the FEIR, the MMRP, the proposed findings
presented to this meeting, and all oral and written evidence constituting
the administrative record presented to the YLWD Board of Directors,
which is on file with the YLWD Board of Directors' Secretary as the
custodian thereof in the office of YLWD.
Resolution No. 13 -14 Annexation to OCWD 2
NOW, THEREFORE, the Board of Directors of the Yorba Linda Water District hereby
finds, determines and resolves as follows:
Section 1. All of the foregoing recitals are true and correct.
Section 2. The Board of Directors of the Yorba Linda Water District has reviewed the
information contained in the FEIR that is relevant to its approval of the
Project and the MMRP, and has reviewed the CEQA findings contained in
Resolution No. 13 -10 -125, incorporated herein by reference, adopted by
the OCWD Board of Directors for the Project, as well as any and all
testimony received by the Board of Directors of the Yorba Linda Water
District. Therefore, the Board of Directors of the Yorba Linda Water
District hereby concludes all of the following:
a) OCWD has adopted the mitigation measures recommended in the
FEIR for YLWD's annexation, YLWD has authority to implement
those mitigation measures as identified in the FEIR, the MMRP and
Resolution No. 13 -10 -125; and
(b) The Board of Directors of the Yorba Linda Water District has
considered the environmental impacts of the Project and has
reviewed and considered the FEIR and finds that the FEIR is
adequate for its use as a responsible agency decision - making body
for its consideration of the Project; and
(c) Approval of the agreement with OCWD relating to the Project by
the Board of Directors of the Yorba Linda Water District is within the
scope of the activities evaluated in the FEIR; the annexation
agreement with OCWD is attached hereto and incorporated herein
by reference as Exhibit B ( "Agreement "); and
(d) Since the FEIR was certified by OCWD, there have been no
substantial changes to the Project and no substantial changes in
Project circumstances that would require major revisions to the
FEIR due to the involvement of new significant environmental
effects or an increase in the severity of previously identified
significant impacts, and there is no new information of substantial
importance that would change the conclusions set forth in the FEIR;
and
(e) Other than as set forth in the MMRP, YLWD has not identified any
feasible alternative or additional feasible mitigation measures within
its powers that would substantially lessen or avoid any significant
effect that the Project would have on the environment.
Resolution No. 13 -14 Annexation to OCWD 3
Section 3. Based upon all of the foregoing, the Board of Directors of the Yorba Linda
Water District hereby adopts the findings within Resolution No. 13 -10 -125
as its findings as a responsible agency under CEQA to the fullest possible
extent that said findings are relevant to the Board of Directors of the Yorba
Linda Water District's decision to approve the Project.
Section 4. The Board of Directors of the Yorba Linda Water District hereby approves
the Agreement relating to the Project, adopts the MMRP attached hereto
as Exhibit "C' and authorizes the Acting General Manager, on behalf
ofYLWD, to execute the Agreement and any other related documents, and
to take such actions as are necessary to implement and administer the
Agreement.
Section 5. YLWD staff is hereby authorized and directed to cause a Notice of
Determination reflecting the foregoing actions to be executed and filed
with the Orange County Clerk and the State Clearinghouse.
PASSED AND ADOPTED this 10th day of October 2013 by the following called vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Gary Melton, President
Yorba Linda Water District
ATTEST:
Steven R, Conklin, Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Arthur G. Kidman, Esq.
Kidman Law LLP
Resolution No. 13 -14 Annexation to OCWD 4
EXHIBIT A
SUBJECT TERRITORY
[ATTACHED BEHIND THIS PAGE]
Resolution No. 13 -14 Annexation to OCWD
S88°24'07"E 5245.91'
w'
0 o P.M.No.88-156
cO° P.M.B.No.239/1-4
e N
N89°41'12"W__�%S
30.00' C-9
/ 60'
"FORMATION"
YLCWD
RS 47/25
N89°41'12"W
1897.79'
NORTH LINE BLOCKS 9
YORBA LINDA TRACT
S01°29'35"W\
1107.06'
ANNl` rjx-?,N N89°53'35"W
651.26' —
N89°40'21"W 2626.61' -- -- f
0 m
o N PARCEL 2
P.O.B.
rn
PARCEL 1
PARCELI
INTERSECTION OF
c/)
(256.68 ACRES)
THE WEST LINE OOHIO
S00°08'1 0"W p=39°18'11"
ST.WITH THMOST
N89°40'57" RANCHO L=823.16'
SE'LY COR.
NORTH LINE OF
�')
REORGANIZATION 94-01
BLOCK 10,YORBA
11,1_ /
NE COR.BLK.10,YORBA
LINDA TRACT
LINDA TRACT
P.O.B.
PARCEL2
N00°06'20"E
R. \
.YORBA
TARCT
990.13'
1'12"W /
N89°41'12"W__�%S
30.00' C-9
/ 60'
"FORMATION"
YLCWD
RS 47/25
N89°41'12"W
1897.79'
NORTH LINE BLOCKS 9
YORBA LINDA TRACT
S01°29'35"W\
1107.06'
ANNl` rjx-?,N N89°53'35"W
651.26' —
N89°40'21"W 2626.61' -- -- f
0 m
o N PARCEL 2
(191.38 ACRES)
rn
N89°41'12"W
c/)
742.71'
S00°08'1 0"W p=39°18'11"
1173.00' R=1200.00'
N89°40'57" RANCHO L=823.16'
742.72' _.R.
C.S.A.14
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N89'59'S3"W `
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SLY RNJ YORBA LINDA\
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150.00'
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NO 68 I YI.V.
PARCEL3
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NO.78-1
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ANNEXATION NO.77-2
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LEGEND
ANNEXATION BOUNDARY
EXISTING ORANGE COUNTY WATER
DISTRICT(OCWD)BOUNDARY
PREPARED BY: EXHIBIT '113 SCALE:
YORBA LINDA WATER DISTRICT AS-NOTED
(DRAFT) DATE:
® 1717 E. MIRALOMA AVENUE ORANGE COUNTY WATER DISTRICT 09-17-13
PLACENTIA, CALIFORNIA 92870 ANNEXATION AGREEMENT
(714) 701-3100 SHEET NO.
2 0F4
0
0
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ANNEXATION NO. W
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CITY OF YORBA LINDA 6
BEARING TABLE
NO.
BEARING
LENGTH
1
S72°11'10"W
1
566.64'
1
2
N17°48'50"W
50.00'
3
S72°1 1'10"W
879.86'
IMPROVEMENT DISTRICT NO. I
PARCEL 3
(2285.62 ACRES)
LINE OF RANCHO CANON de SANTA ANA
ANNEXATION NO. 78_1
TO THE YORBA LINDA r t
w 3
—E'LYLINEW.McKee is
ALLOTMENT
N.E.COR.PARCEL OF
ANNEX.NO.78-1 ALSO U.S.C.8
G.S.TRIANGULATION STATION
"SANJUAN'
S.
a,sOO-
I Z19
N89°14'49'W 4082.38'
WATER DISTRICT
S89°37'19"E
526.42'
r—S00°22'41"W
300.00'
N89°37'19"W
528.42' Qlll—
WLY LINE OF THE KALISHER 8
WARTENSERG
ALLOTMENT PER R.S.34129
N a
on
<c
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PER SENATE BILL NO.10 16 1
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TO 111E O.C.RT).�—'' -'-Z
1
� 3 2 CITY OF ANAHEIM
`ANNEXATION 68-1 TO THE OCWD j
PREPARED BY:
YORBA LINDA WATER DISTRICT
1717 E. MIRALOMA AVENUE
PLACENTIA, CALIFORNIA 92870
(714)701-3100
N
I" = 2500'
0 2500' 5000'
SE COR. LEGEND
TRACT NO.
11662
f 10� ANNEXATION BOUNDARY
9
565NZNZ22M EXISTING ORANGE COUNTY WATER
.c1 DISTRICT(OCWD)BOUNDARY
11 \
EXHIBIT "B
(DRAFT)
ORANGE COUNTY WATER DISTRICT
ANNEXATION AGREEMENT
SCALE:
AS-NOTED
DATE:
09-17-13
SHEET NO.
3 OF 4
NORTH LINE OF RANCHO
CANON DE SANTA ANA m
Z B
-__ S89°14'49"E 4082.38'
W LY LINE OF THE
KALISHER 8 Q
IL WARTENBERG
N ALLOTMENT PER
R.S.34129 q Q
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528.42' Co l 244 i/
41"E
300.00' wAT ER DISTRICT off's Y
6
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528.42'
\' A
CITY OF ANAHEIM
IMPROVEMENT DISTRICT NO.2
11662
PARCEL 4
(3524.15 ACRES)
CITY OF
SANTA
PREPARED BY:
NO.
BEARING
YORBA LINDA WATER DISTRICT
®
1717 E. MIRALOMA AVENUE
107.70'
PLACENTIA, CALIFORNIA 92870
N84 38'12"W
(714) 701-3100
YORBA LINDA
BEARING TABLE
NO.
BEARING
LENGTH
2
N85:35:10-W
107.70'
4
N84 38'12"W
281.06'
5
N79°57'47"W
459.74'
6
N63 56'25"W
526.20
7
N89°22'24W
554.96'
8
S78°17'39 W
206.85'
9
S60°05'50"W
316.67'
10
S54°2343'W
268.58'
11
S47°26'09"W
195.69'
12
S3601 0'33"W
169.38'
13
S23°53'20"W
210.98'
14
S62°46'35"W
152.07'
15
S76°39'13"W
324.72'
16
S88°12'09"W
784.04'
17
S84°33'08"W
325.19'
18
S82 21'43"W
433.08'
19
N69°07'09'W
799.53'
20
S81 20'35W
521.28'
21
N73°30'28'W
238.67'
22
N48°16'27'W
534.68'
23
N46°50'03"W
854.92'
24
N06°24'55'W
345.64'
25
N27°20'14"W
717.56'
26
N07°09'00"W
565.80'
27
N16°49'58"W
363.85'
28
N45°46'19"W
241.34'
29
N45°46'19"W
1417.20'
30
N57`18'58"W
973.50'
31
S88°27'27"W
666.09'
32
S58°4 1'57"W
409.73'
33
S06'1 3'30"E
420.23'
34
S38'1 3'04"W
715.07'
35
S72°57'31"W
709.86'
A=9°15'30"
A=2°30'05" R=2496.64'
R=1813.18' L=403.42'
... L=79.16'
x•°y sr�
r - 2 a
yi
CITY OF ANAHEIM
EAST BOUNDARY
2.002.23 ACRE
TRACT PER
DECREE-CASE
1 NO.1978 ALSO
I EAST LINE
_
RANCHO SANTA
ANA AS SHOWN
ON R.S.21-21
ri
N(A
I" = 2500'
N O
�A
'rn O
V N
P.O.B.
- PARCEL4 0
2500 5000
V` LEGEND
ESTABLISHED
IN RECORD PER ANNEXATION BOUNDARY
TR.NO.11662.
EXHIBIT "B
(DRAFT)
ORANGE COUNTY WATER DISTRICT
ANNEXATION AGREEMENT
EXISTING ORANGE COUNTY WATER
DISTRICT(OCWD)BOUNDARY
SCALE:
AS-NOTED
DATE:
09-17-13
SHEET NO.
40F4
EXHIBIT B
ANNEXATION AGREEMENT
[ATTACHED BEHIND THIS PAGE]
Resolution No. 13 -14 Annexation to OCWD
ANNEXATION AGREEMENT BETWEEN ORANGE COUNTY WATER DISTRICT
AND YORBA LINDA WATER DISTRICT REGARDING ANNEXATION TO ORANGE
COUNTY WATER DISTRICT
THIS AGREEMENT is entered into as of , 2013 (the "Effective Date ")
by and between the ORANGE COUNTY WATER DISTRICT (hereinafter, "OCWD ") and
the YORBA LINDA WATER DISTRICT (hereinafter, "Applicant ").
RECITALS
A. OCWD was created by special act of the California Legislature (Ch. 924,
Stats. 1933, as amended, the "OCWD Act ") for the purpose of protecting and managing
the Orange County groundwater basin and providing for the conservation and regulation
of the quantity and quality of water within the groundwater basin. OCWD further has the
authority, pursuant to its enabling legislation, to prevent the exportation of groundwater
resources from its boundaries. The boundaries of OCWD are located within the County
of Orange, State of California. The OCWD Act authorizes OCWD to annex additional
lands to its boundaries and to impose on lands proposed to be annexed such
reasonable terms and conditions as OCWD determines appropriate.
B. Applicant is a County water district, organized and existing pursuant to
Section 30000 et seq. of the California Water Code, whose boundaries are located
within the County of Orange, State of California, and within the boundaries of the
Metropolitan Water District of Southern California (hereinafter, "MWD "). A portion of
the lands within the boundaries of Applicant are within the boundaries of OCWD, and a
portion of those lands within Applicant's boundaries that are not within the boundaries of
OCWD are within the OCWD sphere of influence as determined by the Local Agency
Formation Commission of Orange County ( "LAFCO ").
C. Applicant provides retail water service to the residents and water users
within its district boundaries. In order to provide such retail water service, among other
sources, Applicant purchases water from MWD through the Municipal Water District of
Orange County ( "Imported Water ") to serve all of the lands within its boundaries, and
produces and serves groundwater from the Orange County Groundwater Basin
( "Basin ") to the Applicant lands within the boundaries of OCWD.
D. Approximately 6,258 acres of land within the boundaries of Applicant
(which land is more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference, and is hereinafter referred to as the "Subject
Territory ") are within the watershed of the Santa Ana River in Orange County, but not
currently within the boundaries of OCWD. A plat showing the boundaries of the Subject
Territory, Applicant, and relevant portions of OCWD is attached hereto as Exhibit "B ".
E. Applicant desires to annex the Subject Territory to OCWD in order that the
Subject Territory may benefit from inclusion within OCWD. OCWD desires to annex the
Subject Territory in order to provide better management, regulation, and control over the
Orange County groundwater basin and its resources.
F. Applicant and OCWD mutually acknowledge and find that Applicant's
request fully complies with the OCWD Annexation Policy and all other OCWD policies.
1
NOW THEREFORE, in consideration of the facts recited above, and the
covenants, conditions and promises contained herein, the parties hereto agree as
follows:
SECTION ONE: ANNEXATION OF SUBJECT TERRITORY TO OCWD
1.1 Subject to Applicant having paid all costs for which it is responsible under the
July 21, 2010 "Memorandum of Understanding between Orange County Water District,
City of Anaheim, Yorba Linda Water District and Irvine Ranch Water District Regarding
Processing and Consideration of Annexation Requests and Associated CEQA
Documentation" (the "MOU "), OCWD shall, within three (3) months from the Effective
Date, initiate proceedings under the Cortese - Knox - Hertzberg Local Government
Reorganization Act of 2000, Government Code Section 56000, et seg., and support the
annexation to OCWD of the Subject Territory (the "Annexation ") upon the conditions
hereinafter set forth.
1.2 Applicant shall cooperate with OCWD and use its best efforts to support the
Annexation in accordance with the terms and conditions of this Agreement. Applicant
shall, prior to or concurrently with OCWD's filing of the Annexation application with
LAFCO, adopt and file with LAFCO a resolution of its governing board supporting the
Annexation. Applicant further shall support the conditioning of the Annexation by the
LAFCO on the performance of the terms and conditions of this Agreement. Applicant
shall execute such documents and take such other actions to support and facilitate the
processing of the Annexation and the imposition by LAFCO of Applicant's performance
of this Agreement as a condition of the Annexation, as may reasonably be requested by
OCWD.
1.3 Applicant shall be solely responsible for (a) all direct costs, CEQA mitigation
measures and fees as set forth in the Mitigation Monitoring and Reporting Program
attached as Exhibit C, and (b) any Annexation processing fees and the cost of preparing
any legal descriptions, boundary surveys or maps required for the processing and
completion of such Annexation. In the event that OCWD, as the agency initiating the
Annexation, is required by LAFCO to pay any such fees or costs, Applicant shall,
within thirty (30) days of written notice from OCWD, reimburse such fees and costs to
OCWD. In the event that the Annexation is not approved by LAFCO or the Subject
Territory is for any reason not included within the boundaries of OCWD, Applicant's
obligation herein to pay all direct costs actually incurred by or due from OCWD in
connection with the initiation and processing of the Annexation shall remain in full force
and effect and Applicant shall pay or cause to be paid all such direct costs whether or
not the Subject Territory is included within OCWD.
1.4 Upon the completion of the Annexation (as defined in paragraph 2.3 below), the
Subject Territory shall be subject to all of the provisions of the OCWD Act and all of the
rules, regulations, policies and requirements adopted or promulgated by OCWD and its
Board of Directors.
2
SECTION TWO: DETERMINATION AND PAYMENT OF ANNUAL ANNEXATION
CHARGE
2.1 For and during the term of this Agreement, Applicant shall pay to OCWD an
annual "Annexation Charge" computed and calculated pursuant to the following formula:
X = A x B x (C /D) x E (hereinafter, the "Annexation Charge Formula "). Should any
portion of the Subject Territory at any time become the actual service area of any water
retailer other than Applicant it will be the responsibility of Applicant to either (a) make
the reports and payments of the Annexation Charge as set forth in paragraphs 2.3 and
2.4 below for said portion of Subject Territory or (b) initiate and execute a fee shift
agreement with the successor water agency, incorporating all of the terms and
conditions of this Annexation Agreement and containing the approval and
acknowledgment of said fee shift agreement by OCWD.
2.2 For purposes of computing the Annexation Charge Formula in paragraph 2.1
hereinabove:
X The term "X" shall mean the annual Annexation Charge to be paid by
Applicant to OCWD.
A The term "A" shall mean the Basin Production Percentage established by
OCWD during the applicable Water Year pursuant to Section 31.5(d) of
the OCWD Act. The term "applicable Water Year," as it relates to the
Annexation Charge Report and this Agreement, is defined as the fiscal
year (July 1St to June 30) immediately preceding the date on which the
Annexation Charge Report is due pursuant to paragraph 2.3 below.
B The term "B" shall mean the greater of either (i) the total water demand
within the Subject Territory during the applicable Water Year; or (ii) an
amount equal to ten (10 %) of the ultimate annual total water demand
within the Subject Territory, as determined annually by OCWD. As used in
this Agreement, "total water demand" shall exclude the water demand
served by reclaimed wastewater delivered through Applicant's non -
potable Title 22 reclaimed water distribution system.
C The term "C" shall mean the actual ad valorem property tax revenues
collected, plus annexation fees paid to OCWD for lands within the OCWD
boundaries other than the Subject Territory, plus any pass- through tax
increments received from redevelopment agencies within OCWD (or their
successor agencies), during the applicable Water Year. Provided,
however, that in no event shall "C" be less than $19 million for the first 56
years of the annexation Agreement.
D The term "D" shall mean the total quantity of groundwater produced
within the boundaries of OCWD during the applicable Water Year,
including in -lieu water deliveries.
E For this Agreement the term "E" shall always equal 100°/x.
3
2.3 Applicant shall file with OCWD, on or before the 15th day of December of each
year after the date of recordation of the "certificate of completion" with respect to the
Annexation (the "Annexation Completion Date "), an "Annexation Charge Report" in the
form set forth in Exhibit D hereto for the applicable Water Year, setting forth the greater
of either (a) the total water demand within the Subject Territory within the preceding
Water Year, or (b) ten percent (10 %) of the ultimate annual total water demand within
the Subject Territory. The Annexation Charge Report shall be verified by a written
declaration executed under penalty of perjury. OCWD shall have the right to inspect any
and all books, records, and other writings of Applicant pertaining to the data contained
in any Annexation Charge Report filed or to be filed by Applicant.
2.4 On or before the 31st day of January of each year after the Annexation
Completion Date, Applicant shall pay to OCWD the annual Annexation Charge for the
applicable Water Year, based upon the formula set forth in paragraphs 2.2 and 2.3
above and the data contained in the Annexation Charge Report covering that Water
Year. Exhibit E attached hereto provides an example of the Annexation Charge
calculation that would have been paid by Applicant to OCWD for water year 2011 -12.
2.5 If Applicant shall fail to pay the full amount due as the Annual Annexation Charge
by January 31 for any applicable Water Year, OCWD shall assess a penalty charge
against Applicant in the amount of ten (10 %) of the amount delinquent as of that date
and, in addition thereto, shall charge interest on the delinquent amount at the lesser of
(a) the rate of one and one -half percent (1.5 %) or (b) the maximum legal interest rate,
for each month or fraction thereof for which the amount due remains delinquent. Should
Applicant fail to file with OCWD an Annexation Charge Report by December 15 for any
applicable Water Year, OCWD shall, in addition to assessing the penalty and charging
interest on the delinquent annual Annexation Charge as set forth hereinabove, assess
an additional penalty charge against Applicant in the amount of ten percent (10 %) of the
amount of the annual Annexation Charge found by OCWD to be due as of the
December 15 date.
2.6 The performance of Applicant's obligations to timely file annual Annexation
Charge Reports and pay annual Annexation Charges under this Agreement is
conditioned upon the annexation of the Subject Territory to OCWD. In the event that the
Subject Territory is for any reason not annexed to OCWD, Applicant shall have no
obligation to file annual Annexation Charge Reports or pay Annexation Charges as set
forth hereinabove, and shall have no right to serve groundwater to the lands, residents,
or water users within the Subject Territory.
2.7 The methodology for calculating the total water demands within the annexing
territory is provided on Exhibit F.
SECTION THREE: MISCELLANEOUS
3.1 All notices, payments, transmittals of documentation and other writings required
or permitted to be delivered or transmitted to any of the parties hereto under this
M
Agreement shall be personally served or deposited in a United States mail depository,
first class postage prepaid, and addressed as follows:
If to OCWD: Orange County Water District
P.O. Box 8300
Fountain Valley, CA 92728 -8300
Attention: General Manager
If to Applicant: Yorba Linda Water District
1717 East Miraloma
Placentia, CA 92870
Attention: General Manager
or such other address as OCWD or Applicant shall direct in writing. Service of any
instrument or writing by mail shall be deemed complete forty -eight (48) hours after
deposit in a United Stated mail depository.
3.2 OCWD and Applicant mutually agree that the terms of this Agreement, or a
general description of the terms thereof, may be set forth in any ordinance, resolution,
or legislation adopted by OCWD, LAFCO or any other agency to implement the
Annexation of the Subject Territory to OCWD pursuant to paragraph 1.1 hereinabove.
3.3 Except as set forth in paragraph 1.3 above and paragraph 3.5 below, this
Agreement shall have no force or effect if any of the following occur: (a) LAFCO
determines not to approve the Annexation; (b) LAFCO approves the Annexation under
terms and conditions substantially different from or in conflict with this Agreement; or (c)
a court of competent jurisdiction issues a final, non - appealable order, judgment, ruling
or decree invalidating the Annexation or directing that the Subject Territory may not be
annexed to OCWD.
3.4 The term of this Agreement shall be for so long as the Subject Territory is
included within the boundaries of OCWD.
3.5 Notwithstanding any other agreement or understanding between Applicant and
OCWD (including but not limited to the MOU "), in the event any person files a court
action or proceeding challenging OCWD's decision to approve this Agreement or
initiate the Annexation, or OCWD's decision to certify an Environmental Impact Report
or adopt findings or a mitigation monitoring and reporting program under he California
Environmental Quality Act, Public Resources Code Section 21000, et seq. ( "CEQA ") in
connection with such decisions (a "Challenge "), Applicant shall defend, indemnify and
hold OCWD harmless against any such Challenge, and pay all of the costs incurred by
OCWD in defending against such Challenge, including attorneys fees, costs and
expenses in defending such Challenge, court costs, and any costs or fees that may
awarded by the court against OCWD in such action or proceeding. Applicant shall
cooperate and provide any assistance reasonably requested by OCWD in defending
against any such Challenge. Notwithstanding the foregoing, Applicant may at its own
cost defend its interests in any such Challenge, and /or intervene as a party in such
Challenge to defend its interests. In the event that Applicant intervenes or otherwise
directly participates in the defending against any Challenge, OCWD, Applicant and any
other governmental agency for which OCWD has initiated an annexation application in
5
conjunction with the Annexation shall cooperate in good faith with each other in the
defense of the Challenge.
3.6 This Agreement shall be construed according to its plain meaning and as if
prepared by all parties hereto. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
3.7 This Agreement represents the entire understanding of OCWD and Applicant as
to those matters contained herein. No prior oral or written understanding shall be of any
force or effect with respect to those matters covered by this Agreement. This
Agreement may not be modified, altered, or amended except in writing by the parties
hereto.
3.8 All of the terms, conditions, and provisions of this Agreement shall inure to the
benefit of, and be binding upon, OCWD and Applicant and their respective successors
and assigns.
3.9 In partial consideration for OCWD's initiation of the Annexation, for a period of
ten years from and after the Effective Date, Applicant shall not either initiate the
annexation to OCWD of any lands outside the boundaries of OCWD and outside of the
Subject Territory (the "Extraterritorial Lands "), or request that OCWD initiate
proceedings to annex any of the Extraterritorial Lands. OCWD shall not consider any
future annexation request from the Applicant for any of the Extraterritorial Lands for ten
years from the Effective Date assuming LAFCO has approved annexation of the
Subject Territory. Applicant shall not produce groundwater from, or serve or deliver
groundwater produced from the Basin to, either: (a) any of the Subject Territory until the
Annexation is approved and completed, or (b) any of the Extraterritorial Lands.
3.10 In partial consideration of OCWD initiating the Annexation and if, and only if, the
proposed LAFCO approves the Annexation, YLWD, hereby both: (a) releases and
covenants not to sue OCWD from or for any claim, liability or obligation to YLWD (i) on
its own behalf, or (ii) under the authority of Water Code section 31081 or any other
authority on behalf of any lands within its boundaries, which claim, liability or obligation
is based upon, arises from or is in any way related to the "Agreement" dated February
18, 1970, between OCWD and Ernest A. Bryant Jr., and others relating to water and
water rights affecting certain lands now within the boundaries of YLWD and included in
the Subject Territory (the "Bryant Ranch Agreement "), and (b) waives and disclaims any
right, title and interest, including but not limited to water rights or any right to water, that
YLWD (i) on its own behalf, or (ii) under the authority of Water Code section 31081 or
any other authority on behalf of any lands within its boundaries, may have or claim
based upon or in any way relating to the Bryant Ranch Agreement.
3.11 In partial consideration of OCWD initiating the Annexation, Applicant agrees, for a
period of fifty years from the Effective Date, to continue sending all sewage flows
generated from its service territory to the Orange County Sanitation District treatment
facilities.
3.12 In partial consideration for OCWD initiating the Annexation, Applicant agrees that,
for a period of five years from the Effective Date, and notwithstanding any findings or
determinations made by OCWD in accordance with Section 31.5 of the OCWD Act,
D
Applicant shall be deemed subject to a Basin Production Percentage pursuant to
Section 31.5(c)(2) of the OCWD Act ( "BPP ") that is equal to the lesser of seventy
percent (70 %) or the actual BPP annually established by the OCWD Board, and
Applicant shall reflect such amount as the BPP applicable to Applicant's groundwater
production in Applicant's annual Basin Equity Assessment Report filed with OCWD, for
five years from the Effective Date.
7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
APPROVED AS TO FORM
IN
General Counsel for
Orange County Water District
APPROVED AS TO FORM
Counsel for
ORANGE COUNTY WATER DISTRICT
President
General Manager
APPLICANT
President
General Manager
EXHIBIT A
Description of Subject Territory
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EXHIBIT "A"
Annexation Agreement between
OCWD and YLWD regarding Annexation to OCWD
Those parcels of land situated in the City of Yorba Linda County of Orange, State of
California, described as follows: A&
PARCEL 1 qb.�
Beginning at an angle point in the existing boundary of the Yor da County Water
District (Y.L.C.W.D.) as established per the "Formation" of said District, "Reorganization
No. 94 -01" said District, said angle being the easterly to inus of the ce course
described as "thence Easterly along s prolongatio . and along the Northerly line of
Blocks 11 and 10 Yorba Tract to a t of t line io Street, 60.00 feet in
width as now laid out" in said � rmation" a tha h 89 041' 12" West, 30.00 feet
from the most Southeasterly come said "Re ization No. 94 -01
The -e along said existin ary said Reorganization No. 94 -01, South
89 °41'12" East, 30.00 feet to the c line of said Ohio Street and Southerly terminus of that
certain course as "North 25 °11'36" East, 1597.14 feet" on the Westerly line of said Parcel Map
No. 88 -156;
Thence continuin al�onggssar _ existing boundary per said Reorganization and following
along the boundary line of s'!!Id Parcel Map through the following described courses: North
25 °11'36" East, 1597.14 feet;
Thence North 01 °16'32" East, 1230.02 feet;
Thence leaving said existing YLCWD boundary and continuing along said Parcel Map
boundary South 88 °24'07" East, 5245.91 feet to a point in said existing YLCWD boundary as
established by Parcel 3 of Annexation No.78 -1" to said district, said point being North 01 °29'3.
East, 1107.06' from the Southwesterly corner of said Parcel 3 of "Annexation No. 78 -1 ";
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EXHIBIT "A"
Annexation Agreement between
OCWD and YLWD regarding Annexation to OCWD
Thence along the existing District boundary per last mentioned annexation and per
"Annexation No. 77 -2" to said district and continuing along said Parcel Map boundary the
following courses: South 01 °29'35" West, 1107.06 feet;
Thence North 89 °53'35" West, 651.26 feet to the in hwesterly corner of said
"Annexation No. 77 -2 ";
Thence leaving said District boundary an nuing along said Parcel Map boundary the
following courses: North 89 °40'21" West, 262. et;
Thence South 00'08'10" West, .69 feet;
Thence North 89 °4F1 2" West, 7
Thence South 00 °08' " est, 1173. feet t tons isting boundary of the
YLWD as establish said ation ", said point being South 89'41'12" East, 1927.79 fe
r
more or less from the y to s of the that certain course described as "thence Easterly
along saijLWesterly pr long a no ly line of Blocks 9 and 8 of said Yorba
Linda to the Nort om aid Bloc
Thence wing along existi CWD boundary line and continuing along said
Parcel Map boun North 89 12" West, 1897.79 feet;
Thence leaving sa r ap boundary, and continuing along said existing district
boundary the following co u s: North 89'41'12" West, 30.00 feet;
Thence North 00 °06'20" East, 990.13 feet to the Point of Beginning.
The above described parcel of land contains 256.68 acres, more or less.
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EXHIBIT "A"
Annexation Agreement between
OCWD and YLWD regarding Annexation to OCWD
PARCEL 2
Beginning at an angle point in the existing boundary of theprba Linda Water District
(Y.L.W.D). as created by "Annexation No. DA 01 -21" to said District, said angle point being the
rr
most southeasterly corner and the southeasterly terminus of that certain course shown as "South
00'08'10" West, 1173.00 feet" in said annexatioj tie to said angle po' t bears South
89 °40'57" East, 1897.79 feet from the Orange Co Surve 's Horizo ontrol Station
GPS No. 5188, having a coordinate; value (U.S. Sury foot) North 227345. and East
6090454.692, based upon the California C
OCS adjustment, as filed ' Office of the Orange C ty Sur,
Thence, along said Zg boline o , a ished by the following
annexations to said dist " No. D -21 ", "Annexation No. 77 -2 ",
Annexat' "Annexation No. 77 -2 ", "Annexation No. 68 -1 ", "Annexation No. 72 -3"
ILI
and " ation No. 6 -l" in a generally northe , easterly, northerly, easterly, southerly,
southweste d westerly ion *th#their various courses to the northwest corner of
"Annexation No. ", said point also being the Northeast corner of said Felipe Yorba
Allotment; '0
one VI, 1991.35 epoch
Thence, leaving said eMing YLCWD boundary, North 89059'53" West, 1796.28 feet along
the North line of said Felipe Yorba Linda Allotment, to Rancho Corner C.S.A. 14 of said
Rancho;
Thence, South 00 005'09" West 2711.21 feet, along Line "A" of the Agreement recorded
November 5, 1962 in Book 6311, Page 439 of Official Records of said County, to a point on the
line of the existing YLWD boundary line established by. The "Formation" of said YLWD;
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EXHIBIT "A"
Annexation Agreement between
OCWD and YLWD regarding Annexation to OCWD
Thence, along said existing YLWD boundary the following courses: North 89'24'15" West,
150.00 feet;
Thence, North 00'10'18" East, 3001.55 feet;
Thence, North 89 °40'57" West, 742.72 feet to the P OF BEGINNING.
The above - described parcel of land contains 191.3:61 , mor ss.
PARCEL 3
Beginning at an angle point o existing boundary lire of the YoNLi Countg g g p g Y
Water District (YLCWD) as establish exation N-2, said Point of Beginning being
the most northwesterly c of said Ation No. -2, an orthwest corner of Section
24, Township 3 South, Range t, San Bernardino Me s shown on a map recorded in
Book 69, Page 41, Records of Surms, Records of said Orange County;
Th e, along sai existing boundary of Annexation No. 77 -2 and the North line of
afore ned Section shown on said ma , orth 89 °09'41" East, 651.26 feet to a point
in the west e .ne Section 1 wnship ASouth, Range 9 West, S.B.M., said point being the
True Point of Be g;
Thence, leaving )sn y line, North 01 029'50" East, 3300.00 feet, along the westerly
line of said Section 13, asn a map recorded in Book 3, Page 55, Records of Surveys,
Records of said Orange County;
Thence, South 73'30'10" East, 1800.00 feet;
Thence, North 78 029'50" East, 2300.00 feet;
Thence, North 65 °33'00" East, 4550.00 feet;
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EXHIBIT "A"
Annexation Agreement between
OCWD and YLWD regarding Annexation to OCWD
Thence, South 73 °01'29" East; 5878.48 feet; to a point in the Orange County — San Bernardino
County boundary line, said point being at U.S.C. and G.S. Triangulation Station known as "San
Juan ", said point also being the most northeasterly corner of saia Parcel "3' ; of Annexation No.
78 -1. Aff
Thence, South 52 °47'28" East, 2104.29 feet, t mint in oundary line of said line of
the Rancho Canon de Santa as described in th Decree of Parti certified copy of
which was recorded February 8, 1874 in Book e 158, Deed, Re c of Los Angeles
County, California;
Thence, southerly along said Ra o ary line S 01 °05'25" West, 2677.43 feet to
an angle point in said bo line;
Thence, conti long boundar ine o h "West, 4082.38 feet to a poin
in the westerly line of t alisher Wartenb allotment as shown on a map recorded in
Book 34,Xage 29, of records of Survey sai Ora County;
Then, ee, along said westerly line, South 00!23425" West, 3060.17 feet;
Then c wing said w ly lineith 89'37'19" East, 528.42 feet;
Thence, So 0 022'41" t, 300 feet;
Thence, North 8 ' 1 st 528.42 feet, returning to the aforementioned westerly line,
Thence, continuing a g said westerly line South 00'23'18" West, 5318.9 feet to a point i
the centerline of the Atchison, Topeka and Santa Fe Railroad right -of -way;
Thence, in a general southwesterly, westerly, and northwesterly direction along the
southerly boundary line of said Annexation No. 68 -1 to an angle point of the easterly line of the
allotment of second class lands to W. McKee in said partition of said Rancho Canon de Santa
Ana and also being the easterly boundary line of the Orange County Water District boundary pei
Senate Bill 1026;
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EXHIBIT "A"
Annexation Agreement between
OCWD and YLWD regarding Annexation to OCWD
Thence continuing along said easterly boundary North 01 °34'37" West 2400.00 feet to an angle
point South 85 °10'39" West 2050.02 feet more or less;
Thence North 01 °38'35" West 7827.18 feet along the easterly boundary line of Domingue2
Ranch, to a point to the northerly line of Rancho Canon de Santa Ana;
Thence leaving said point, North 87 °20'23" West 1877.1 to a point to the Northwest
corner of Annexation No. 75 -2 to the City of Yorba Linda;
Thence following the boundary of said Annexation No. -2 to City
following courses and distance: No °03'31" We66L feet, to the
Linda, the
y line of the
northwest corner of the one — quarter s shown %k& map recorded in Book 97, Page
1 & 2, Record of Survey ange Cour
1� 911L
Thence along said northerly of, said
True Point of Beginning. A
parcel of land
'31" West 2006.82 feet to the
2285.62 acres, more or less.
Beginning at the most s easterly corner of Parcel "4" of Annexation No. 78 -1 to the
Yorba Linda County t, said point being the intersection of the easterly boundary
line of the 2,000.23 acre tra of Second Class land allotted to B. and J. Yorba Linda in Decree o
Partition in Case No. 1978 with the Bixby, Irvine Scully compromise line as shown on map filec
in the Book 21, Page 21, of Records of Survey of said Orange County, being the Point of
Begining;
Thence, leaving said point on a non - tangent curve concave southerly and having a radius of
2496.64 feet, a radial line of said curve from said point bears South 13 °40'20" West; of Tract
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EXHIBIT "A"
Annexation Agreement between
OCWD and YLWD regarding Annexation to OCWD
No. 11836 as shown on a map filed in Book 539, Pages 8 through 21 of Miscellaneous Maps in
said Office of the Orange County Recorder;
Thence along said curve Westerly 403.42 feet through a central angle of 9 °15'30 ";
Thence, tangent from said curve North 85035'10" West 107.70 feet to the beginning of a
tangent curve concave northerly and having a radiu 13.1 eet;
Thence, along said curve Westerly 79. through a central angle of 2 030'05 ";
Thence non - tangent from said curve So °42'02" est, 54982 feet;
Thence South 84'38'12" W 1.06 feet;
Thence North 79 °57'47" Wes, t;
Thence North 63° ' "West, 526 0 feet,
Thence North 89 °22'24" West, 554.96 feet,
Thence South 7840" W , 206.85
Tence South 60 °05'49" st, 16. 6, eet;
Aw Thence South 5 4" 68.58 90,
Then — uth 47 026' West, 9 feet;
Thence Sou t 36 010'33' est, 169.38 feet;
Thence South est, 210.98 feet;
Thence South 62 °4 " West, 152.07 feet;
Thence South 76'39'13" West, 324.72 feet;
Thence South 88 °12'09" West, 784.04 feet;
Thence South 84 033'08" West, 325.19 feet;
Thence South 82 °21'43" West, 433.08 feet to the Southeasterly corner of Tract No. 11899 as
shown on a map filed in Book 525, Pages 22 through 26 of Miscellaneous Maps in said Office
of the Orange County Recorder;
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EXHIBIT "A"
Annexation Agreement between
OCWD and YLWD regarding Annexation to OCWD
Thence leaving said boundary line Tract No. 11836, along the Southerly boundary line of said
Tract No. 11899 through the following courses: North 69 °07'09" West 799.53 feet;
Thence South 81 020935" West, 521.28 feet;
Thence North 73 030'28" West, 238.67 feet;
Thence North 48 °16'27" West, 534.68 feet;
Thence North 46 °50'03" West, 854.92 feet to thwesterly co said Tract No. 11663;
Thence leaving said boundary line of Tr o. 11899 long the b ary line of said
Tract No. 11663 through the follow' urses: Nort 'West 345.64 fe
Thence North 27'20'14" Wes
Thence North 77 0 O�est 565. eet;
Thence North 16 °49'58" West 363.8
8
Thence North 45 '19" 241.34 feet to the Southeast corner of said Tract No.
11662;
bound
feet;
a-Wract No. 11663, along the Southerly
following courses: North 45046'19" West 1417.20
Thence North 1'18'5 17est 973.50 feet;
Thence South 88 02 " West 666.09 feet;
Thence South 58 041'57" West 409.73 feet;
Thence South 6 013'30" East 420.23 feet;
Thence South 38 °13'04" West 715.07 feet;
Thence South 72 °57'31" West 709.86 feet to a point in the westerly line of the Kalisher
and Wartenberg allotment as shown on a map recorded in Book 34, Page 29 of Records of
Survey of said County;
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EXHIBIT "A"
Annexation Agreement between
OCWD and YLWD regarding Annexation to OCWD
Thence, along said westerly line North 00 °23'08" East 5716.81 feet;
Thence, leaving said westerly line South 89'37'19" East 528.42 feet;
Thence, North 00 °24'41" East 300 feet;
Thence, North 89'37'19" West 528.42 feet, return the aforementioned westerly
line;
Thence, continuing along said westerly line, 023'25" East 3 7 feet to a point in the
northerly line of the Rancho Canon de Santa An describe�n the Fina ree of Partition,
certified copy of which was record ruary 8, 18 28, Page 158, oeeds, Record
of Los Angeles County, California;
Thence, along sai cho boundary line, Sou 9 °14' ast 4082.38 feet to an angle
point in said boundary line; Thence, continuing along sai boundary North 01 006'25"
East 2677.43 feet to a point in the *nge Coun San Bernardino County boundary line, said
County bndary line also being the easterly un line of aforementioned Parcel "2" of
Annexatio�i� N� o. 78 -1;
The outherly alo id Co boundary line South 52 °44'30" East 16,851.16 feet
more or less, to a t in the aforementioned easterly boundary line of the 2,002.23 acre tract c
Second Class land allciWtUjjMd J. Yorba;
Thence, due South 01 °40'2lwEast, along said easterly, 2255.67 to the Point of Beginning.
The above - described parcel of land contains 3524.15 acres, more or less.
The total acreage of the four (4) parcels is 6257.83 acres, more or less
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EXHIBIT "A"
Annexation Agreement between
OCWD and YLWD regarding Annexation to OCWD
All as shown on Exhibit `B ", attached hereto and by this reference made a part hereof.
Unless otherwise noted, all distances are ground based on the California Coordinates System
(CCS83), Zone VI, 1983 NAD (1991.35 epoch OCS GPS adjusfinent). To obtain grid distances
multiply ground distance by 0.99997158. A&
This document was prepared by me or
under my direction and supervision.
Dated this day of ;
Alan D. Frank, L.S.
My license expires 12/3
the Orange Cougq
Raymond L. Mathe
County Surveyor
Dated this day of , 2013
Per; Michael K. Sullivan, Deputy County Surveyor
L.S. 6254, My license expires 6 -30 -14
10 of 10
EXHIBIT B
Boundaries of the Subject Territory and Relevant portions of OCWD
10
INDEX MAP
GSHEET NUMBER
I PARCEL 1
('_56.68 ACRLSI
POB
PAgCEL1M(UT pARCEL 2
NELY COR'
FORMATIDN' POB (191:15 ACRES)
O
o
�'rORM.ITOM
PER SI �' ".P Dll 1. NO. ia)F
m menuvu. _
1NNl.N110N
TOM
LEGEND:
ANNEXATION BOUNDARY
EXISTING ORANGE COU NTY
WATER DISTRICT (O.C.W.D.)
BOUNDARY
EXHIBIT 'B"
(DRAFT)
ORANGE COUNTY WATER DISTRICT
ANNEXATION AGREEMENT
JAIMPROVEMENT DISTRICT NO. I
PARCEL 3
(?285.62. %cros)
LMD nOO�Wq�R DIS1 Rte. HILLS
LINDA Z
W
\ o
TOPEKA
INDEX MAP
SCALE:
AS -NOTED
DATE:
09 -17 -13
SHEET NO:
1 OF 4
S
YORBA LINDA WATER DISTRICT
®
1717 E. M IRALONIA AVENUE
PLACENTIA, CALIFORNIA 92870
(714) 701 -3100
EXHIBIT 'B"
(DRAFT)
ORANGE COUNTY WATER DISTRICT
ANNEXATION AGREEMENT
JAIMPROVEMENT DISTRICT NO. I
PARCEL 3
(?285.62. %cros)
LMD nOO�Wq�R DIS1 Rte. HILLS
LINDA Z
W
\ o
TOPEKA
INDEX MAP
SCALE:
AS -NOTED
DATE:
09 -17 -13
SHEET NO:
1 OF 4
S
9 �
6�
Rti
RO
ti
CO
G�
ly
IMPROVEMENT DISTRICT NO.2
PARCEL 4
(3524.15ACRIS)
/ � rRACr NO.11B6x
{ l \ RAILWAY
\ SANTA FE
, L i •\ ONO, Pj E
TO THE E /r I �
�tz,5 /fie
�o \ o
r
AN
sy�
([ N TS ,Y
C�FRI TMA — ACRE
R
NO. IMAM AM
RANCHO BANTA
\1 MIA 0.9sN
4 ON A. 2131
YD.
N
PARCEL3
LI
DA
W
Fp
,
I
ANNEXATION
I
FOR OF FELIPE YORBA ,
NO.78 -1
C,
ALLOTMENT OF SECOND I
S88 °24'07 "E 5245.91'
'
M o
P.M. No. 88 -156 S01 °29'35 "W
Z
ZN
NO 1107.06'
P.M.B. No. 239/111
—�—
- - - --
P, ppo1O�
N89 °53'35 "W
BLVD / -�--
P.O.B.
_ YORBA LINDA
651.26'
°40'21 "W
ti
^
PARCEL 1 N$9 2626.6t' —
PARCEL 1
o0
INTERSECTION OF
(256.68 ACRES)
THE WEST LINE OF
o°��o
2
3
OHIO ST. WITH THE
i h yob
b
MOST SE'LY COR. 3
ANNEXATION NO. 77 -2
NORTH LINE OF
REORGANIZATION 94 -01 0 o PARCEL 2
BLOCK 10, YORBA
NE COR. BILK. 10, YORBA p C b O
LINDA TRACT
LINDA TRACT (191.38 ACRES)
U)
o
P.O.B.
"W
�6�
CE O
\
--------F77
PARCEL2 N8942,71'
�P�` G
NNW
CDR S00 °08'10'
°1$'11"
N0990.13'
/
BLK. 9, YORBA A = 39
1173.00'
990.13'
\� /
LINDA TARCT R = 1200.00'
N89 °40'57" RANCHO
L = 823.16'
N89 °41'12 "W 742.72' c.R.
1927.79' — C.S.A. 14
N89-4 112"W
N89 °59'53 "W ANNEXATION NO.
_
30.00'
N89 °41'12 "W — 1796.28'
72 -3
60' iIl
1897.79' I TO YLWD. Cwt
MOST N . 68- COR.
NORTH LINE BLOCKS 9 & 8 NEX. NO. 68 -I YLWD - I
' Q
I
"FORMATION"
YORBA LINDA TRACT � ��� I N89 °37'23'W
,J
YLCWD
C4 LIN I 386.81'
RS 47/25
M i n 311 PG. I
YD.
PREPARED BY: EXHIBIT "B
YORBA LINDA WATER DISTRICT
(DRAFT)
1717 E. MIRALOMA AVENUE ORANGE COUNTY WATER DISTRICT
PLACENTIA, CALIFORNIA 92870 ANNEXATION AGREEMENT
(714)701 -3100
ri
It
00 00
LEGEND
ANNEXATION BOUNDARY
EXISTING ORANGE COUNTY WATER
DISTRICT (OCWD) BOUNDARY
SCALE:
AS -NOTED
DATE:
09 -17 -13
SHEET NO.
2OF4
N
439 D.R. CITY OF YORBA
LI
DA
W
Fp
,
I
�
I
FOR OF FELIPE YORBA ,
C,
ALLOTMENT OF SECOND I
'
"r1 CLASS LANDS
Z
c'
—�—
- - - --
BLVD / -�--
_ YORBA LINDA
SLY R/W YORBA LINDA
BLVD. N89'24'1 5"W
150.00'
I
,
PREPARED BY: EXHIBIT "B
YORBA LINDA WATER DISTRICT
(DRAFT)
1717 E. MIRALOMA AVENUE ORANGE COUNTY WATER DISTRICT
PLACENTIA, CALIFORNIA 92870 ANNEXATION AGREEMENT
(714)701 -3100
ri
It
00 00
LEGEND
ANNEXATION BOUNDARY
EXISTING ORANGE COUNTY WATER
DISTRICT (OCWD) BOUNDARY
SCALE:
AS -NOTED
DATE:
09 -17 -13
SHEET NO.
2OF4
BEARING TABLE
NO.
BEARING
LENGTH
1
N.E. COR. PARCEL "3" OF
566.64'
2
N17 °48'50 "W
50.00'
3
ANNEX. NO. 78 -1 ALSO U.S.C. 8
S73 °0129.
879.86'
a550��
G.S. TRIANGULATION STATION
E
5878.48' SAN JUAN"
N653300s
q
i80p�Q'1pF
•
N78 °ZOpO E
2300.
70y
o
41,2
IMPROVEMENT DISTRICT NO. I 29 BF U�iy�
W'LY. BOUNDARY
�°n T.P.O.B
PARCEL '3"OF
ANNEXATION NO.
m PARCELS
o
PARCEL 3 M
78 -1
N ?
N
(2285.62 ACRES) o
Z j
BLVD.
ORTH LINE
OF RANCHO CANON de SANTA ANA
N89 °09'41 "E 651.26'
F p \KWON
'- -- ------ --
P.O.B.PARCEL3
N89 °0331"
N89 °0 31"VY
I N87 °20'2
--- -- -
- - - -- N89 °14'49"W 4082.38'
-------------
N.W.0 .
NO. 77
2006.82'
2661/15-
1877,10'
ANNEX. -2
N.W. COR. SECT.
24, T. S., R.9,
N.E. COR. N.W. —�
COR. 114 SEC.
-I N W. R. 76-2 /1
I AN (
�NpX �.
A ATION NO.
3.
W. S.B.M.
R9W.
OF YORBA`
a'�' LINDA �b�
O
~
¢
78 -1 0
TOT HE YOR$A
cY�
LINDA
rso�Coo
C �'�,m�,,
N N Ty WATER
DISTRICT
o S89 °37'19 "E
E'LYWRY
526.42'
I
I
DOMING UFZ
RANCH
m
j S
Z
"
SOO °22'41"W
I
I
Q
300.00'
I
U
*+
1
I
�
N89'37'1 9'W
P�
I
�--
528.42'
BLVD
?�
-
-�
Z
HILLS
,�,--t�
-
B
CITY
OF
YORBA
LINDA
��
/
a W'LY LINE OFTHE KALISHERB
WARTENBERG
\
Z ALLOTMENTPER R.S. 34129
w3
ELY LINE McKeeq 20
\\ ALLOTMENT = in TOPEKA
BEARING TABLE
NO.
BEARING
LENGTH
1
S72 °11'10 "W
566.64'
2
N17 °48'50 "W
50.00'
3
S72 °11'10 "W
879.86'
S85'10'39 V�
2050.02'
4 = 20 °15'42" Q
- M oo R= 3881
�'-FO-R ATION" I o w L= 1381.8181",
PER SENATE BILL TO. -- 1026 o a
TO THE O.C.WD. -�`� - �
l�
3 2 / / /CITY OF ANAHEIM
`ANNEXATION 68 -1 TO THE OCWD
BE COR.
/TRACT NO.
118662
// -9 "!/
N
I" = 2500'
0 2500' 5000'
LEGEND
ANNEXATION BOUNDARY
EXISTING ORANGE COUNTY WATER
DISTRICT (OCWD) BOUNDARY
PREPARED BY: EXHIBIT 11B SCALE:
YORBA LINDA WATER DISTRICT AS -NOTED
(DRAFT) DATE:
1717 E. MIRALOMA AVENUE ORANGE COUNTY WATER DISTRICT 09 -17 -13
PLACENTIA, CALIFORNIA 92870 ANNEXATION AGREEMENT
SHEET NO.
(714) 701 -3100
3 0F4
u-
NORTH LINE OF RANCHO o
CANON OE SANTA ANA
O N
z
S
B
S89 °14'49 "E 4082.38' Q
W'LY LINE OF THE
KALISHER 8 O
W WARTENBERG
N ALLOTMENT PER �I
N ci R.S. 34129
TO T A L EXAT '
O Nfi YO Z 1O 28,1
s 0
NSS °3719 ^w IN�q O
528.42' CO(1N� W S24 3 Arozal E ER DISTI v F;`
, r 3o.00 sCT
76
S89 °37'19 "E
528.42' r.Q'
IMPROVEMENT DISTRICT NO. 2
PARCEL 4
�O� 1Kq (3524.15 ACRES)
3.1 CITY OF YORBA LINDA
ti
BEARING TABLE
NO.1
BEARING
LENGTH
2
N85 °35'10"W
107.70'
4
N84 :38 -12-W
281.06'
5
N79 5747"W
459.74'
6
N63 . 56'25"W
526.20
7
N89 °22'24"W
554.96'
8
S78 :17 :39-W
206.85'
9
S60 0550'W
316.67'
10
S54 °2343W
268.58'
11
S47 °26'09"W
195.69'
12
S36 °10'33"W
169.38'
13
S23 °53'20 'W
210.98'
14
S62 °46'35 'W
152.07'
15
S76 °39'13 'W
324.72'
16
S88 °12'09 "W
784.04'
17
S84 °33'08 "W
325.19'
18
S82 °21'43 W
433.08'
19
N69 °07'09 "W
799.53'
20
S81 2035"W
521.28'
21
N73 °30'28 'W
238.67'
22
N48 °16'27"W
534.68'
23
N46 °50'03 "W
854.92'
24
N06 °24'55"W
345.64'
25
N27'20'1 4"W
717.56'
26
N07 °09'00 "W
565.80'
27
N16 °49'58W
363.85'
28
N45 °46'1 9 "W
241.34'
29
N45 °46'1 9"W
1417.20'
30
N57 °18'58 "W
973.50'
31
S88 °27'27"W
666.09'
32
S58 °41'5T'W
409.73'
33
S06 °13'30 "E
420.23'
34
S38'1 3'04"W
715.07'
351
S72 °57'31 "W 1
709.86'
EAST BOUNDARY
2.002.23 ACRE
TRACT PER
I DECREE - CASE
I NO. 1978 ALSO
I EAST LINE
RANCHO SANTA
ANA AS SHOWN
4t ON R.S. 21 -21
A =9 °15'30" IN-
A = 2 °30'05" R=2496.64' N R
11662 R=181318' L = 403.42' m ao
L=79.
ANTA FE
N
I" = 2500'
0 2500' 50(
_ 2 61 ESTABLISHEO LEGEND
10 9 7 6 5 a 969 °q2 �1QY TRRNO�tRi662.R ANNEXATION BOUNDARY
P N`
\� - RlRS1 2 18 1717 -- 1g 12 8 EXISTING ORANGE COUNTY WATER
-- of ,9 O
- VVI'o /
�O CITY OF ANAHEIM RD.
PREPARED BY:
YORBA LINDA WATER DISTRICT
Erin 1717 E. MIRALOMA AVENUE
PLACENTIA, CALIFORNIA 92870
(714) 701 -3100
DISTRICT (OCWD) BOUNDARY
CITY OF ANAHEIM
EXHIBIT "B SCALE:
AS -NOTED
(DRAFT) DATE:
ORANGE COUNTY WATER DISTRICT 09 -17 -13
ANNEXATION AGREEMENT SHEET NO.
4OF4
EXHIBIT C
Mitigation Monitoring and Reporting Program
11
ORANGE COUNTY WATER DISTRICT ANNEXATION REQUEST BY
THE CITY OF ANAHEIM, IRVINE RANCH WATER DISTRICT, AND
YORBA LINDA WATER DISTRICT
SECTION 6
MITIGATION MONITORING AND REPORTING PROGRAM
State Clearinghouse #2011071095
PURPOSE
This section lists all mitigation measures contained in Final Program/Project EIR (FEIR) for the proposed Orange
County Water District (OCWD) Annexation Requests by the City of Anaheim, Irvine Ranch Water District (IRWD)
and Yorba Linda Water District (YLWD). The mitigation measures are provided in the format of a Comprehensive
Mitigation Monitoring and Reporting Program. This Program complies with State Public Resources Code §21086.6
which requires public agencies approving a project under CEQA to establish a program for monitoring and reporting
on the adopted mitigation plan.
ADOPTION OF MITIGATION MEASURES
As part of deliberations concerning the proposed project, the OCWD Board of Directors will be required to consider
adoption of the mitigation measures listed herein. If the OCWD Board of Directors approves the Annexation
Requests by the City of Anaheim, Irvine Ranch Water District (IRWD) and Yorba Linda Water District (YLWD),
the Board will be required to specify whether these mitigation measures are to be formally incorporated as
conditions of project approval.
MONITORING AND REPORTING PROCEDURES
The OCWD Board of Directors will be responsible for ensuring that all adopted mitigation measures are
implemented in the manner outlined in this Program. OCWD staff will be responsible for ensuring that mitigation
measures are satisfactorily monitored, and for reporting to the OCWD Board of Directors regarding progress in
fulfilling the mitigation obligations. The Board of Directors will in turn be responsible for considering the reports
submitted by staff, and determining whether the measures are being implemented and enforced as intended in this
Mitigation Monitoring and Reporting Program. It will be the responsibility of the Board of Directors to amend these
mitigation measures if necessary to achieve the environmental protections herein.
REGULATORY AND CODE COMPLIANCE STANDARDS
The project will be subject to a number of uniform code requirements and standard conditions of approval. Many of
these requirements have been established to safeguard environmental resources, and/or to promulgate environmental
goals and objectives. If the proposed annexations are approved, compliance with applicable uniform regulations
will be mandatory (not discretionary). Such regulations do not conform to the strict definition of mitigation.
Although regulatory standards and codes are not necessarily incorporated into this mitigation program, it is
understood that full compliance with all relevant regulatory and code compliance standards shall be required
throughout all stages of project implementation.
COMPILATION OF MITIGATION MEASURES
The following mitigation measures are proposed to eliminate, avoid, or reduce to a level of insignificance the
potential environmental effects of the proposed OCWD Annexation Requests by the City of Anaheim, IRWD and
YLWD that have been found to be potentially substantial and adverse.
ORANGE COUNTY WATER DISTRICT ANNEXATION REQUEST PROJECT
MITIGATION IMPLEMENTATION AND MONITORING PROGRAM AND FORM
State Clearinghouse #2011071095
Project Approval Date: Project File Number:
The following mitigation measures have been adopted by the OCWD Board of Directors. As such, these measures represent formal conditions of approval that shall govern implementation of the
annexation request project. The Orange County Water District staff shall be responsible for monitoring and reporting progress on these measures until all measures are fulfilled in accordance with their
original purpose and intent, as determined by the OCWD Board of Directors. This monitoring form shall be available for public review and inspection, and final project clearance shall require that all
verifications included in this form have been satisfactorily completed.
METHOD OF
TIMING OF
RESPONSIBLE
COMPLETION
NO.
MITIGATION MEASURE
VERIFICATION
VERIFICATION
PERSON
DATEANITIALS
AESTHETICS
Pursuant to the agreement between the OCWD and the YLWD, the YLWD
YLWD shall notify and
Notification and
Greg Woodside,
AES -1
Project Manager shall be responsible for ensuring compliance with the following:
provide OCWD with
verification shall
OCWD Executive
Consistent with policies and programs of the local agency in which the facilities
written verification that
be provided to
Director of
are located, YLWD shall design future annexation- related facilities to protect
MM AES -1 has been
OCWD by YLWD
Planning and
scenic values and to avoid visual intrusions.
implemented in the
upon completion of
Natural Resources.
manner stated.
MM AES -1, and
prior to the start of
construction of the
annexation - related
facilities.
AIR QUALITY
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
AIR -1
Manager shall be responsible for ensuring that at least one of the following options
provide OCWD with
verification shall
OCWD Executive
is adhered to during construction of project - related well and pipeline elements:
written verification that
be provided to
Director of
Option 1: Prepare an air quality emissions analysis for construction activity with
MM AIR -1 has been
OCWD by YLWD
Planning and
project - specific information prior to start of construction for well and /or pipeline
implemented in the
upon completion of
Natural Resources.
construction. Emissions analysis shall detail the off -road equipment list, any
manner stated.
MM AIR -1, and
emission control devices added onto off -road equipment, and engine tiers (if
prior to the start of
known) as well as soils hauling and vendor trip numbers and trip lengths. The
well or pipeline
analysis shall demonstrate that well and pipeline installation construction shall not
construction .
exceed the SCAQMD's mass emissions thresholds of significance. The YLWD
project manager shall; ensure that construction managers adhere to the equipment
and trip data specified in the emissions analysis.
Option 2: If specific facility construction would generate the same or less
horsepower hours per day as utilized in the analysis, and would not generate more
on -road trips than analyzed, then: (a) well and pipeline construction shall not occur
on the same day; (b) Tier 3 engines shall be used for all off -road pipeline
construction equipment greater than 100 horsepower.
BIOLOGY
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
BIO -1 Manager shall be responsible for ensuring compliance with the following: Once
the construction locations are finalized, if any of the proposed well or pipeline
facilities occur in the immediate vicinity of the 4 OCWD recharge basins and/or
the adjacent native riparian restoration site, the presence of any riparian associated
special status species must be determined prior to project construction. A
presence /absence survey must be conducted by a qualified and/or permitted
biologist to determine the current occupancy of the adjacent native riparian
restoration site.
Presence /absence surveys must be conducted according to accepted protocol for
the appropriate species. A permitted biologist will be required to survey for federal
and state listed species, If the existing native riparian habitat restoration site is
determined to be occupied by any riparian habitat - associated special status species
and facilities are proposed adjacent to this habitat, additional avoidance and
minimization measures will be require such as those described in MM BIO -2
below.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
BIO -2 Manager shall be responsible for ensuring compliance with the following: If it is
determined that a special- status species is currently occupying any portion of the
OCWD Basins or adjacent native riparian restoration site, a biological monitor
must be onsite to assess the potential for the project to indirectly impact the
special- status species. If the monitor determines there is a potential for indirect
impacts, additional avoidance measures will be required, such as construction
activities may not encroach within the occupied territory at a minimum of 350' for
passerines and 500' for raptors. Additionally, depending on the construction
proximity and sensitivity of the special- status species, a noise monitor may be
required to ensure that indirect noise impacts do not result in the harassment and
potential take of the species. An average of 60dB per hour at a known nest
location for certain special- status species, such as least Bell's vireo, may result in
potential nest failure and subsequent `take of the active nest. Construction- related
noise must be below 60dB per hour during the nesting season to ensure indirect
`take' of the special- status species does not occur.
YLWD shall notify and
provide OCWD with
written verification that
MM BI0-1 has been
implemented in the
manner stated.
YLWD shall notify and
provide OCWD with
written verification that
MM BI0-2 has been
implemented in the
manner stated.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and
BIO -3 Manager shall be responsible for ensuring compliance with the following: Project provide OCWD with
activities in the YLWD proposed facility area may occur within or immediately written verification that
Notification and
verification shall
be provided to
OCWD by YLWD
upon completion of
MM BI0-1, and
prior to
commencement of
construction of the
proposed wells or
pipelines.
Notification and
verification shall
be provided to
OCWD by YLWD
upon completion of
MM BI0-2, and
prior to
commencement of
construction of the
proposed wells or
pipelines.
Notification and
verification shall
be provided to
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
adjacent to suitable nesting habitat for a number of common and sensitive native,
MM BI0-3 has been
OCWD by YLWD
Planning and
resident and migratory bird species protected under the SDFG Code 3500 and the
implemented in the
upon completion of
Natural Resources.
Migratory Bird Treaty Act. If a proposed production well or facility site will be
manner stated.
MM BI0-3, and
constructed within or immediately adjacent to suitable nesting habitat (i.e., trees,
prior to
shrubs, lattice towers and/or utility poles), construction activities should avoid the
commencement of
general nesting season of February through August. If construction cannot avoid
construction of the
the nesting season, a preconstruction clearance survey must be conducted to
determine if any nesting birds or nesting activity is observed on or within 500' of
proposed wells or
the project site. If an active nest is observed during the survey, a biological
pipelines.
monitor must be on site to ensure that no project activities impact the active nest.
The biological monitor will establish a suitable buffer around the active nest until
the nestlings have fledged, and the nest is no longer active. Project activities may
continue in the vicinity of the nest only at the discretion of the biological monitor.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
BI0-4
Manager shall be responsible for ensuring compliance with the following: Once
provide OCWD with
verification shall
OCWD Executive
the locations of proposed production wells are finalized, the potential to impact a
written verification that
be provided to
Director of
street tree located within a public right -of -way must be determined by a certified
MM BI0-4 has been
OCWD by YLWD
Planning and
arborist prior to project construction. The exact location of a production well, in
implemented in the
upon completion of
Natural Resources.
relation to an existing street tree, will be analyzed to determine if any pruning,
manner stated.
MM BI0-4, and
trimming or removal is warranted in order to facilitate construction of the proposed
production well. If the proposed construction will result in any impact to an
prior to
existing street tree, additional mitigation will be required.
commencement of
construction of the
proposed wells or
pipelines.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
BI0-5
Manager shall be responsible for ensuring compliance with the following: If it is
provide OCWD with
verification shall
OCWD Executive
determined that construction of any of the three proposed production wells will
written verification that
be provided to
Director of
result in the trimming, pruning or removal of any street tree protected by Chapter
MM BI0-5 has been
OCWD by YLWD
Planning and
13.12 of the City of Anaheim Municipal Code, written authorization must be
implemented in the
upon completion of
Natural Resources.
obtained by the director of Community Services Department prior to impacting the
manner stated.
MM BIO -5, and
street tree. Any trimming, cutting or pruning must be conducted in accordance
with the standards adopted by the International Society of Arboriculture. All tree-
prior to
impacting activity must adhere to the provisions and standards outlined in Chapter
commencement of
13.12 of the City of Anaheim Municipal Code.
construction of the
proposed wells or
pipelines..
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
BIO -6
Manager shall be responsible for ensuring compliance with the following: Project
provide OCWD with
verification shall
OCWD Executive
impacts to street trees should avoid the general nesting season of February through
written verification that
be provided to
Director of
August to reduce any potential impact to potentially nesting avian species.
MM BI0-6 has been
OCWD by YLWD
Planning and
Additional avoidance and minimization measures to reduce potentially suitable
implemented in the
upon completion of
Natural Resources.
nesting habitat are detailed in MM BIO -3 above.
manner stated.
MM BI0-6, and
GEO -1
GEO -2
GEO -3
GEOLOGY AND SOILS
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
Manager shall be responsible for ensuring compliance with the following: (a) To
reduce the hazards of seismic damage, project sites shall not be located in known
active fault zones, if possible. A licensed geotechnical engineer shall conduct a
geotechnical engineering investigation for all applicable facilities, The geotechnical
engineer shall prepare a report that summarizes results of a field investigation,
including site inspection and soil testing, potential geologic hazards (fault rupture and
severe secondary effects), along with design criteria and construction methods to
effectively construct the proposed facilities with an acceptable level of risk with
respect to earthquake, liquefaction, foundations, landscaping, dewatering, ground-
water, retaining walls (if applicable), pavement sections, and utilities. The report
shall address all geologic and geotechnical factors related to the design and
construction of the proposed project. The geotechnical engineering investigation shall
delineate areas of active and potentially active faults. To the extent possible, it shall
identify fault traces and locate them in the field so faults can be avoided; (b)
Appropriate seismic design provisions shall be implemented with project design and
construction in accordance with governing building codes. Unless superseded by
other regulatory provisions or standards, seismic design criteria shall be developed
ion the basis of the requirements of the current CBC.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
Manager shall be responsible for ensuring compliance with the following: All
practicable precautions shall be taken to design and construct project facilities to
withstand the projected ground shaking associated with the characteristic earthquakes
in the area. This includes secondary hazards induced by earthquakes (liquefaction,
lurching, lateral spreading, rapid differential settlement, induced landslides and rock -
fall avalanches). Project structures shall be designed using project- specific criteria in
accordance with the latest revision of the National Electrical Safety Code and the
CBC.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
Manager shall be responsible for ensuring compliance with the following: Prior to
commencement of grading or dredging permit, appropriate Best Management
Practices (BMPs) shall be incorporated into project planning to reduce construction
pollutants in runoff, consistent with goals and standards established under federal and
state nonpoint source discharge NPDES regulations and Basin Plan water quality
YLWD shall notify and
provide OCWD with
written verification that
MM GEO -1 has been
implemented in the
manner stated.
YLWD shall notify and
provide OCWD with
written verification that
MM GEO -2 has been
implemented in the
manner stated.
YLWD shall notify and
provide OCWD with
written verification that
MM GEO -3 has been
implemented in the
manner stated.
prior to
commencement of
construction of the
proposed wells or
Notification and
verification shall be
provided to OCWD
by YLWD upon
completion of MM
GEO -1, and prior to
approval of the final
design for the
proposed wells and
pipelines.
Notification and
verification shall be
provided to OCWD
by YLWD upon
completion of MM
GEO -2, and prior to
the approval of the
final design for the
proposed well and
Notification and
verification shall be
provided to OCWD
by YLWD upon
completion of MM
GEO -3, and prior to
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
objectives. To maximize effectiveness, the selected BMPs shall be based on finalized
the commencement of
site - specific hydrologic conditions with consideration for the types and locations of
grading or
construction and development. Mechanisms to maintain the BMPs shall be identified
construction for the
in the Conditions of Approval. Construction BMPs could include, but are not limited
project facilities.
to the following: diversion of offsite runoff away from the construction area; prompt
revegetation of proposed landscaped areas; perimeter straw wattles or silt fences
and/or temporary basins to trip sediment before it leaves the site; regular sprinkling of
exposed soils to control dust during construction during the dry season; installation of
a minor retention basin to alleviate discharge of increased flows; specifications for
construction waste handling and disposal; erosion control measures maintained
throughout the construction period preparation of stabilized construction entrances to
avoid trucks from imprinting debris on public roadways; contained wash -out and
vehicle maintenance areas; training of subcontractors on general construction area
housekeeping; construction scheduling to minimize soil disturbance during the wet
weather season; regular maintenance and storm event monitoring.
HAZARDS and HAZARDOUS MATERIALS
Pursuant to the agreement between the OCWD and the YLWD, the YLWD
YLWD shall notify and
Notification and
Greg Woodside,
HAZ -1
Project Manager shall be responsible for ensuring compliance with the
provide OCWD with
verification shall be
OCWD Executive
following: Prior to construction of any proposed facilities that are located at
written verification that
provided to OCWD
Director of
one or both of the existing plugged wells, a written verification shall be
MM HAZ -1 has been
by YLWD upon
Planning and
obtain from the Department of Oil, Gas and Geothermal Resources that the
implemented in the
completion of MM
Natural Resources.
plugged well within the grading envelop was properly abandoned pursuant to
manner stated.
HAZ -1, and prior to
their regulations.
commencement of
construction of the
proposed wells or
pipelines.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD
YLWD shall notify and
Notification and
Greg Woodside,
HAZ -2
Project Manager shall be responsible for ensuring compliance with the
provide OCWD with
verification shall be
OCWD Executive
following: Prior to construction, YLWD shall prepare a Traffic Control Plan
written verification that
provided to OCWD
Director of
for approval by the City of Anaheim. The plan shall include management
MM HAZ -2 has been
by YLWD upon
Planning and
practices to maintain access to businesses, residences, schools, park
implemented in the
completion of MM
Natural Resources.
facilities, and other buildings when parking lots and street lanes are closed
manner stated.
HAZ -2, and prior to
during construction.
commencement of
construction of the
proposed wells or
i elines..
HYDROLOGY AND WATER QUALITY
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
HWQ -1
Manager shall be responsible for ensuring compliance with the following: Project
provide OCWD with
verification shall be
OCWD Executive
conditions of approval shall specify that, prior to issuance of a grading or dredging
written verification that
provided to OCWD
Director of
permit, appropriate Best Management Practices (BMPs) be incorporated into project
MM HWQ -1 has been
by YLWD upon
Planning and
planning to reduce construction pollutants in runoff, consistent with goals and
implemented in the
completion of MM
Natural Resources.
standards established under federal and state nonpoint source discharge NPDES
manner stated.
HWQ -1, and prior to
regulations and Basin Plan water quality objectives. To maximize effectiveness, the
the issuance of a
selected BMPs shall be based on finalized site - specific hydrologic conditions, with
grading or dredging
consideration for the types and locations of construction and development.
Mechanisms to maintain the BMPs shall be identified in the Conditions of Approval.
permit for
Construction BMPs could include, but are not limited to diversion of offsite run -off
construction of the
away from the construction area; prompt revegetation of proposed landscaped areas;
project facilities.
perimeter straw wattles or silt fences and /or temporary Basins to trap sediment before
it leaves the site; Regular sprinkling of exposed soils to control dust during
construction during the dry season; installation of a minor retention Basin(s) to
alleviate discharge of increased flows; specifications for construction waste handling
and disposal; erosion control measures maintained throughout the construction
period; preparation of stabilized construction entrances to avoid trucks from
imprinting debris on roadways; contained wash out and vehicle maintenance areas;
training of subcontractors on general construction area housekeeping; schedule
construction to minimize soil disturbance during the wet weather season; and regular
maintenance and storm event monitoring
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
HWQ -2
Manager shall be responsible for ensuring compliance with the following: Project
provide OCWD with
verification shall be
OCWD Executive
Conditions of Approval shall specify that appropriate post - construction Best
written verification that
provided to OCWD
Director of
Management Practices (BMPs) be incorporated into project design to reduce urban
MM HWQ -2 has been
by YLWD upon
Planning and
pollutants in runoff, consistent with goals and standards established under federal and
implemented in the
completion of MM
Natural Resources.
state nonpoint source discharge NPDES regulations and Basin Plan water quality
manner stated.
HWQ -2, and prior to
objectives. To maximize effectiveness, the selected BMPs shall be based on finalized
approval of the final
site - specific hydrologic conditions, with consideration for the types and locations of
design for the project
development. Mechanisms to maintain the BMPs shall be identified in the
facilities.
Conditions of Approval.
BMPs shall be selected from the wide range of effective measures outlined in the
CASA Handbook (California Stormwater Best Management Practices Handbook,
2003), the Bay Area Stormwater Management Agencies Association Start at the
Source - Design Guidance Manual, or similar documents that shall be identified prior
to final design approval. BMPs shall also identify mechanisms for routine
maintenance and repair of BMPs. These BMPs will be designed to comply with the
DAMP and NPDES permit requirements for structural and nonstructural controls.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
HWQ -3
Manager shall be responsible for ensuring compliance with the following: Individual
provide OCWD with
verification shall be
OCWD Executive
projects shall be designed to maintain pre - project stormwater runoff volume and flow
written verification that
provided to OCWD
Director of
for the 10- and 100 -year flood events to prevent downstream and off -site flooding.
MM HWQ -3 has been
by YLWD upon
Planning and
implemented in the
I completion of MM
I Natural Resources.
manner stated. HWQ -3, and prior to
approval of the final
design for the project
facilities.
NOISE
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
NOI -1 Manager shall be responsible for ensuring compliance with the following: In the
event that one of the proposed YLWD production wells is planned for the southwest
corner of Van Buren Street and Miraloma Avenue, the YLWD shall require their
construction drilling contractor to install a temporary noise attenuation barrier that
impedes that line -of -sight between the noise source of the drill rig and the residential
use at the northeast corner of Van Buren Street and Sierra Vista Avenue. The
temporary noise attenuation barrier shall consist of a material that provides a Sound
Transmission Class (STC) rating of at least 21 (STC -21). All noise attenuation
barriers shall be designed to preclude structural failure due to such factors as winds,
shear, shallow soil failure, earthquakes, and erosion.
NOI -2 Pursuant to the agreement between OCWD and YLWD, the YLWD project manager
shall require all construction contractors to use construction equipment that have
noise - reduction features (e.g., mufflers and engine shrouds) that are no less effective
than those originally installed by the manufacturer.
YLWD shall notify and
provide OCWD with
written verification that
MM N0I -1 has been
implemented in the
manner stated.
YLWD shall notify and
provide OCWD with
written verification that
MM N0I -2 has been
implemented in the
manner stated.
TRAFFIC
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
RANS -1
Manager shall be responsible for ensuring compliance with the following: The
provide OCWD with
following recommendations shall be considered and implemented as appropriate on a
written verification that
project -by- project basis: (a) prior to the start of construction, the contractor shall
MM TRANS -1 has
submit a Traffic Control Plan to the appropriate local jurisdiction for review and
been implemented in
approval. The plan shall be consistent with the Caltrans Traffic Manual, Chapter 5,
the manner stated.
and should include the following information: signage posted in areas designated as
temporary traffic control zones, and speed limits to be observed within control zones;
(b) where appropriate for work on public roadways, the YLWD will submit a set of
proposed construction plans to agencies with jurisdiction over the roadways to allow
them to comment on the proposed plans; (c) during construction of water pipelines or
other facilities that would be sited in or near the roadways, YLWD shall implement
traffic management measures as deemed necessary and applicable by a properly
Notification and
verification shall be
provided to OCWD
by YLWD upon
completion of MM
N01- 1, and prior to
the commencement of
construction of the
proposed project well.
Notification and
verification shall be
provided to OCWD
by YLWD upon
completion of MM
N0I -2, and prior to
the commencement of
construction of the
project facilities.
Notification and
verification shall be
provided to OCWD
by YLWD upon
completion of MM
TRANS -1, and prior
to the commencement
of the project
facilities.
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
licensed engineer; (d) before initiating construction of water transmission pipelines
and other facilities within or near roadways, YLWD shall provide notification of the
schedule and duration of construction activities to all affected fire, police, and
paramedic departments and services as well as any affected public transportation
agencies; (e) YLWD shall seek to coordinate all traffic control plans in the local
project area so that conflicts can be minimized by staggering construction schedules.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
TRANS-2
Manager shall be responsible for ensuring compliance with the following: Following
provide OCWD with
verification shall be
OCWD Executive
construction or during construction, as necessary to maintain safe driving conditions,
written verification that
provided to OCWD
Director of
any damage to existing roadways caused by construction vehicles and equipment will
MM TRANS -2 has
by YLWD upon
Planning and
be repaired as required in accordance with applicable city, county or Caltrans
been implemented in
completion of MM
Natural Resources.
standards.
the manner stated.
TRANS -2 following
completion of project
facilities construction.
EXHIBIT D
Annexation Charge Report
To be completed and submitted to OCWD no later than December 15, 20_ with payment due no later than January
15, 20
The Annexation Charge Formula = A x B x C/D x E for Water Year 20_ -20_
A. THE BASIN PRODUCTION PERCENTAGE ESTABLISHED
BY OCWD DURING THE APPLICABLE WATER YEAR.
Basin Production Percentage
A = %
B. THE GREATER OF EITHER (1) APPLICABLE WATER YEAR TOTAL WATER
DEMAND WITHIN THE SUBJECT TERRITORY OR (2) 10% OF THE ULTIMATE
ANNUAL TOTAL WATER DEMAND WITHIN THE SUBJECT TERRITORY.
"TOTAL WATER DEMAND" SHALL EXCLUDE WATER DEMAND
SERVED THROUGH APPLICANT'S NONPOTABLE WATER DISTRIBUTION
SYSTEM.
1. Applicable water year total water demand within the Subject Territory AF
2. Or 10% of the ultimate annual total water demand within the Subject Territory AF
3. The greater of line 1 or 2 B = AF
C. THE ACTUAL AD VALOREM PROPERTY TAX REVENUES COLLECTED, PLUS
ANNEXATION FEES PAID TO OCWD FOR LANDS WITHIN THE OCWD BOUNDARIES
OTHER THAN THE SUBJECT TERRITORY, PLUS ANY PASS - THROUGH TAX
INCREMENTS RECEIVED FROM REDEVELOPMENT AGENCIES WITHIN OCWD (OR
THEIR SUCCESSOR AGENCIES), DURING THE APPLICABLE WATER
YEAR. PROVIDED, HOWEVER, THAT IN NO EVENT SHALL "C" BE LESS THAN $19
MILLION FOR THE FIRST 56 YEARS OF THE ANNEXATION AGREEMENT.
C =$
D. THE TOTAL QUANTITY OF GROUNDWATER PRODUCED WITHIN
THE BOUNDARIES OF OCWD DURING THE
APPLICABLE WATER YEAR. "GROUNDWATER PRODUCED"
SHALL INCLUDE IN -LIEU WATER DELIVERIES.
D = AF
E. THE APPLICABLE PERCENTAGE, BASED UPON THE PERCENTAGE
OF GROUNDWATER PRODUCED WITHIN THE TOTAL SERVICE
AREA OF THE APPLICANT BASED ON TABLE 1. E = 100 %
(assumed to be 100% for the life of this agreement).
Calculation of Total Annexation Charge due to OCWD:
(A)_% x (B) x $ (C/D) x 100% = $
DATE SIGNA'
12
ANNEXATION CHARGE TABLE 1
Percent Groundwater
Used Within Service Applicable
Area of Annexing Purvey Percentage
0%
- 5.99%
10%
6.0%
- 9.99%
16%
10.0%
- 14.99%
25%
15.0%
- 19.99%
30%
20.0%
- 24.99%
40%
25.0%
- 29.99%
48%
30.0%
- 34.99%
55%
35.0%
- 39.99%
64%
40.0%
- 44.99%
72%
45.0%
- 49.99%
80%
50.0% -100.00%
100%
Percentage shall always be 100%
13
EXHIBIT E
Annexation Charge Sample Calculation
To be completed and submitted to OCWD no later than December 15, 2012 with payment due no later than January
15, 2013
The Annexation Charge Formula = A x B x C/D x E for Water Year 2011 -2012
A. THE BASIN PRODUCTION PERCENTAGE ESTABLISHED
BY OCWD DURING THE APPLICABLE WATER YEAR.
Basin Production Percentage A = 65 %
B. THE GREATER OF EITHER (1) APPLICABLE WATER YEAR TOTAL WATER
DEMAND WITHIN THE ANNEXED AREA OR (2) 10% OF THE ULTIMATE
ANNUAL TOTAL WATER DEMAND WITHIN THE ANNEXED AREA.
"TOTAL WATER DEMAND" SHALL EXCLUDE WATER DEMAND
SERVED THROUGH APPLICANT'S NONPOTABLE WATER DISTRIBUTION
SYSTEM.
1. Applicable water year total water demand within Annexed Area 6,518 AF
2. Or 10% of the ultimate annual total water demand within Annexed Area AF
3. The greater of line 1 or 2 B = 6,518 AF
C. THE ACTUAL AD VALOREM PROPERTY TAX REVENUES COLLECTED, PLUS
ANNEXATION FEES PAID TO OCWD FOR LANDS WITHIN THE OCWD BOUNDARIES
OTHER THAN THE SUBJECT TERRITORY, PLUS ANY PASS - THROUGH TAX
INCREMENTS RECEIVED FROM REDEVELOPMENT AGENCIES WITHIN OCWD (OR
THEIR SUCCESSOR AGENCIES), DURING THE APPLICABLE WATER
YEAR. PROVIDED, HOWEVER, THAT IN NO EVENT SHALL "C" BE LESS THAN $19
MILLION FOR THE FIRST 56 YEARS OF THE ANNEXATION AGREEMENT.
C = $ 20,335,633
D. THE TOTAL QUANTITY OF GROUNDWATER PRODUCED WITHIN
THE BOUNDARIES OF OCWD DURING THE APPLICABLE
WATER YEAR. "GROUNDWATER PRODUCED" SHALL
INCLUDE IN -LIEU WATER DELIVERIES.
D = 298,317 AF
E. THE APPLICABLE PERCENTAGE, BASED UPON THE PERCENTAGE
OF GROUNDWATER PRODUCED WITHIN THE TOTAL SERVICE
AREA OF THE APPLICANT BASED ON TABLE 1. E = 100 %
(assumed to be 100% for the life of this agreement).
Calculation of Total Annexation Charge due to OCWD:
65% x 6,518 x ($20,335,633/298,317) x 100% _ $288,807
DATE
SIGNATURE
14
EXHIBIT E (PAGE 2)
Annexation Charge Report
ANNEXATION CHARGE TABLE 1
Percent Groundwater
Used Within Service Applicable
Area of Annexing Pg urvey Percentage
0%
- 5.99%
10%
6.0%
- 9.99%
16%
10.0%
- 14.99%
25%
15.0%
- 19.99%
30%
20.0%
- 24.99%
40%
25.0%
- 29.99%
48%
30.0%
- 34.99%
55%
35.0%
- 39.99%
64%
40.0%
- 44.99%
72%
45.0%
- 49.99%
80%
50.0% -100.00%
100%
Percentage shall always be 100%
15
EXHIBIT F
Methodology for Calculating Total Water Demands within YLWD's Annexing Area
The "New Area" is the area in YLWD's service area that will be annexed to OCWD in
accordance with the Annexation Agreement. Using YLWD's Geographic Information
System (GIS), YLWD staff is able to extract the number of water meters within the New
Area, of which there are currently 4,845. All YLWD meters are read and logged on a
monthly basis. YLWD is able to determine the annual consumption through the 4,845
meters to calculate the total annual water demand in the New Area. For the period July
1, 2012 through June 30, 2013, the total water demand for the New Area was 5,390 AF.
It is estimated that the New Area is 93% developed. As the remaining area develops,
the development data will be added to the GIS database, including all new water
meters. That will result in a new total of water meters for the New Area, which will be
combined with meter consumption data, to provide an updated total water demand for
each successive Water Year.
16
EXHIBIT C
MITIGATION MONITORING AND REPORTING PROGRAM
[ATTACHED BEHIND THIS PAGE]
Resolution No. 13 -14 Annexation to OCWD
ORANGE COUNTY WATER DISTRICT ANNEXATION REQUEST BY
THE CITY OF ANAHEIM, IRVINE RANCH WATER DISTRICT, AND
YORBA LINDA WATER DISTRICT
SECTION 6
MITIGATION MONITORING AND REPORTING PROGRAM
State Clearinghouse #2011071095
PURPOSE
This section lists all mitigation measures contained in Final Program/Project EIR (FEIR) for the proposed Orange
County Water District (OCWD) Annexation Requests by the City of Anaheim, Irvine Ranch Water District (IRWD)
and Yorba Linda Water District (YLWD). The mitigation measures are provided in the format of a Comprehensive
Mitigation Monitoring and Reporting Program. This Program complies with State Public Resources Code §21086.6
which requires public agencies approving a project under CEQA to establish a program for monitoring and reporting
on the adopted mitigation plan.
ADOPTION OF MITIGATION MEASURES
As part of deliberations concerning the proposed project, the OCWD Board of Directors will be required to consider
adoption of the mitigation measures listed herein. If the OCWD Board of Directors approves the Annexation
Requests by the City of Anaheim, Irvine Ranch Water District (IRWD) and Yorba Linda Water District (YLWD),
the Board will be required to specify whether these mitigation measures are to be formally incorporated as
conditions of project approval.
MONITORING AND REPORTING PROCEDURES
The OCWD Board of Directors will be responsible for ensuring that all adopted mitigation measures are
implemented in the manner outlined in this Program. OCWD staff will be responsible for ensuring that mitigation
measures are satisfactorily monitored, and for reporting to the OCWD Board of Directors regarding progress in
fulfilling the mitigation obligations. The Board of Directors will in turn be responsible for considering the reports
submitted by staff, and determining whether the measures are being implemented and enforced as intended in this
Mitigation Monitoring and Reporting Program. It will be the responsibility of the Board of Directors to amend these
mitigation measures if necessary to achieve the environmental protections herein.
REGULATORY AND CODE COMPLIANCE STANDARDS
The project will be subject to a number of uniform code requirements and standard conditions of approval. Many of
these requirements have been established to safeguard environmental resources, and/or to promulgate environmental
goals and objectives. If the proposed annexations are approved, compliance with applicable uniform regulations
will be mandatory (not discretionary). Such regulations do not conform to the strict definition of mitigation.
Although regulatory standards and codes are not necessarily incorporated into this mitigation program, it is
understood that full compliance with all relevant regulatory and code compliance standards shall be required
throughout all stages of project implementation.
COMPILATION OF MITIGATION MEASURES
The following mitigation measures are proposed to eliminate, avoid, or reduce to a level of insignificance the
potential environmental effects of the proposed OCWD Annexation Requests by the City of Anaheim, IRWD and
YLWD that have been found to be potentially substantial and adverse.
ORANGE COUNTY WATER DISTRICT ANNEXATION REQUEST PROJECT
MITIGATION IMPLEMENTATION AND MONITORING PROGRAM AND FORM
State Clearinghouse #2011071095
Project Approval Date: Project File Number:
The following mitigation measures have been adopted by the OCWD Board of Directors. As such, these measures represent formal conditions of approval that shall govern implementation of the
annexation request project. The Orange County Water District staff shall be responsible for monitoring and reporting progress on these measures until all measures are fulfilled in accordance with their
original purpose and intent, as determined by the OCWD Board of Directors. This monitoring form shall be available for public review and inspection, and final project clearance shall require that all
verifications included in this form have been satisfactorily completed.
METHOD OF
TIMING OF
RESPONSIBLE
COMPLETION
NO.
MITIGATION MEASURE
VERIFICATION
VERIFICATION
PERSON
DATEANITIALS
AESTHETICS
Pursuant to the agreement between the OCWD and the YLWD, the YLWD
YLWD shall notify and
Notification and
Greg Woodside,
AES -1
Project Manager shall be responsible for ensuring compliance with the following:
provide OCWD with
verification shall
OCWD Executive
Consistent with policies and programs of the local agency in which the facilities
written verification that
be provided to
Director of
are located, YLWD shall design future annexation- related facilities to protect
MM AES -1 has been
OCWD by YLWD
Planning and
scenic values and to avoid visual intrusions.
implemented in the
upon completion of
Natural Resources.
manner stated.
MM AES -1, and
prior to the start of
construction of the
annexation - related
facilities.
AIR QUALITY
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
AIR -1
Manager shall be responsible for ensuring that at least one of the following options
provide OCWD with
verification shall
OCWD Executive
is adhered to during construction of project - related well and pipeline elements:
written verification that
be provided to
Director of
Option 1: Prepare an air quality emissions analysis for construction activity with
MM AIR -1 has been
OCWD by YLWD
Planning and
project - specific information prior to start of construction for well and /or pipeline
implemented in the
upon completion of
Natural Resources.
construction. Emissions analysis shall detail the off -road equipment list, any
manner stated.
MM AIR -1, and
emission control devices added onto off -road equipment, and engine tiers (if
prior to the start of
known) as well as soils hauling and vendor trip numbers and trip lengths. The
well or pipeline
analysis shall demonstrate that well and pipeline installation construction shall not
construction .
exceed the SCAQMD's mass emissions thresholds of significance. The YLWD
project manager shall; ensure that construction managers adhere to the equipment
and trip data specified in the emissions analysis.
Option 2: If specific facility construction would generate the same or less
horsepower hours per day as utilized in the analysis, and would not generate more
on -road trips than analyzed, then: (a) well and pipeline construction shall not occur
on the same day; (b) Tier 3 engines shall be used for all off -road pipeline
construction equipment greater than 100 horsepower.
BIOLOGY
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
BIO -1 Manager shall be responsible for ensuring compliance with the following: Once
the construction locations are finalized, if any of the proposed well or pipeline
facilities occur in the immediate vicinity of the 4 OCWD recharge basins and/or
the adjacent native riparian restoration site, the presence of any riparian associated
special status species must be determined prior to project construction. A
presence /absence survey must be conducted by a qualified and/or permitted
biologist to determine the current occupancy of the adjacent native riparian
restoration site.
Presence /absence surveys must be conducted according to accepted protocol for
the appropriate species. A permitted biologist will be required to survey for federal
and state listed species, If the existing native riparian habitat restoration site is
determined to be occupied by any riparian habitat - associated special status species
and facilities are proposed adjacent to this habitat, additional avoidance and
minimization measures will be require such as those described in MM BIO -2
below.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
BIO -2 Manager shall be responsible for ensuring compliance with the following: If it is
determined that a special- status species is currently occupying any portion of the
OCWD Basins or adjacent native riparian restoration site, a biological monitor
must be onsite to assess the potential for the project to indirectly impact the
special- status species. If the monitor determines there is a potential for indirect
impacts, additional avoidance measures will be required, such as construction
activities may not encroach within the occupied territory at a minimum of 350' for
passerines and 500' for raptors. Additionally, depending on the construction
proximity and sensitivity of the special- status species, a noise monitor may be
required to ensure that indirect noise impacts do not result in the harassment and
potential take of the species. An average of 60dB per hour at a known nest
location for certain special- status species, such as least Bell's vireo, may result in
potential nest failure and subsequent `take of the active nest. Construction- related
noise must be below 60dB per hour during the nesting season to ensure indirect
`take' of the special- status species does not occur.
YLWD shall notify and
provide OCWD with
written verification that
MM BI0-1 has been
implemented in the
manner stated.
YLWD shall notify and
provide OCWD with
written verification that
MM BI0-2 has been
implemented in the
manner stated.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project YLWD shall notify and
BIO -3 Manager shall be responsible for ensuring compliance with the following: Project provide OCWD with
activities in the YLWD proposed facility area may occur within or immediately written verification that
Notification and
verification shall
be provided to
OCWD by YLWD
upon completion of
MM BI0-1, and
prior to
commencement of
construction of the
proposed wells or
pipelines.
Notification and
verification shall
be provided to
OCWD by YLWD
upon completion of
MM BI0-2, and
prior to
commencement of
construction of the
proposed wells or
pipelines.
Notification and
verification shall
be provided to
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
adjacent to suitable nesting habitat for a number of common and sensitive native,
MM BI0-3 has been
OCWD by YLWD
Planning and
resident and migratory bird species protected under the SDFG Code 3500 and the
implemented in the
upon completion of
Natural Resources.
Migratory Bird Treaty Act. If a proposed production well or facility site will be
manner stated.
MM BI0-3, and
constructed within or immediately adjacent to suitable nesting habitat (i.e., trees,
prior to
shrubs, lattice towers and/or utility poles), construction activities should avoid the
commencement of
general nesting season of February through August. If construction cannot avoid
construction of the
the nesting season, a preconstruction clearance survey must be conducted to
determine if any nesting birds or nesting activity is observed on or within 500' of
proposed wells or
the project site. If an active nest is observed during the survey, a biological
pipelines.
monitor must be on site to ensure that no project activities impact the active nest.
The biological monitor will establish a suitable buffer around the active nest until
the nestlings have fledged, and the nest is no longer active. Project activities may
continue in the vicinity of the nest only at the discretion of the biological monitor.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
BI0-4
Manager shall be responsible for ensuring compliance with the following: Once
provide OCWD with
verification shall
OCWD Executive
the locations of proposed production wells are finalized, the potential to impact a
written verification that
be provided to
Director of
street tree located within a public right -of -way must be determined by a certified
MM BI0-4 has been
OCWD by YLWD
Planning and
arborist prior to project construction. The exact location of a production well, in
implemented in the
upon completion of
Natural Resources.
relation to an existing street tree, will be analyzed to determine if any pruning,
manner stated.
MM BI0-4, and
trimming or removal is warranted in order to facilitate construction of the proposed
production well. If the proposed construction will result in any impact to an
prior to
existing street tree, additional mitigation will be required.
commencement of
construction of the
proposed wells or
pipelines.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
BI0-5
Manager shall be responsible for ensuring compliance with the following: If it is
provide OCWD with
verification shall
OCWD Executive
determined that construction of any of the three proposed production wells will
written verification that
be provided to
Director of
result in the trimming, pruning or removal of any street tree protected by Chapter
MM BI0-5 has been
OCWD by YLWD
Planning and
13.12 of the City of Anaheim Municipal Code, written authorization must be
implemented in the
upon completion of
Natural Resources.
obtained by the director of Community Services Department prior to impacting the
manner stated.
MM BIO -5, and
street tree. Any trimming, cutting or pruning must be conducted in accordance
with the standards adopted by the International Society of Arboriculture. All tree-
prior to
impacting activity must adhere to the provisions and standards outlined in Chapter
commencement of
13.12 of the City of Anaheim Municipal Code.
construction of the
proposed wells or
pipelines..
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
BIO -6
Manager shall be responsible for ensuring compliance with the following: Project
provide OCWD with
verification shall
OCWD Executive
impacts to street trees should avoid the general nesting season of February through
written verification that
be provided to
Director of
August to reduce any potential impact to potentially nesting avian species.
MM BI0-6 has been
OCWD by YLWD
Planning and
Additional avoidance and minimization measures to reduce potentially suitable
implemented in the
upon completion of
Natural Resources.
nesting habitat are detailed in MM BIO -3 above.
manner stated.
MM BI0-6, and
GEO -1
GEO -2
GEO -3
GEOLOGY AND SOILS
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
Manager shall be responsible for ensuring compliance with the following: (a) To
reduce the hazards of seismic damage, project sites shall not be located in known
active fault zones, if possible. A licensed geotechnical engineer shall conduct a
geotechnical engineering investigation for all applicable facilities, The geotechnical
engineer shall prepare a report that summarizes results of a field investigation,
including site inspection and soil testing, potential geologic hazards (fault rupture and
severe secondary effects), along with design criteria and construction methods to
effectively construct the proposed facilities with an acceptable level of risk with
respect to earthquake, liquefaction, foundations, landscaping, dewatering, ground-
water, retaining walls (if applicable), pavement sections, and utilities. The report
shall address all geologic and geotechnical factors related to the design and
construction of the proposed project. The geotechnical engineering investigation shall
delineate areas of active and potentially active faults. To the extent possible, it shall
identify fault traces and locate them in the field so faults can be avoided; (b)
Appropriate seismic design provisions shall be implemented with project design and
construction in accordance with governing building codes. Unless superseded by
other regulatory provisions or standards, seismic design criteria shall be developed
ion the basis of the requirements of the current CBC.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
Manager shall be responsible for ensuring compliance with the following: All
practicable precautions shall be taken to design and construct project facilities to
withstand the projected ground shaking associated with the characteristic earthquakes
in the area. This includes secondary hazards induced by earthquakes (liquefaction,
lurching, lateral spreading, rapid differential settlement, induced landslides and rock -
fall avalanches). Project structures shall be designed using project- specific criteria in
accordance with the latest revision of the National Electrical Safety Code and the
CBC.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
Manager shall be responsible for ensuring compliance with the following: Prior to
commencement of grading or dredging permit, appropriate Best Management
Practices (BMPs) shall be incorporated into project planning to reduce construction
pollutants in runoff, consistent with goals and standards established under federal and
state nonpoint source discharge NPDES regulations and Basin Plan water quality
YLWD shall notify and
provide OCWD with
written verification that
MM GEO -1 has been
implemented in the
manner stated.
YLWD shall notify and
provide OCWD with
written verification that
MM GEO -2 has been
implemented in the
manner stated.
YLWD shall notify and
provide OCWD with
written verification that
MM GEO -3 has been
implemented in the
manner stated.
prior to
commencement of
construction of the
proposed wells or
Notification and
verification shall be
provided to OCWD
by YLWD upon
completion of MM
GEO -1, and prior to
approval of the final
design for the
proposed wells and
pipelines.
Notification and
verification shall be
provided to OCWD
by YLWD upon
completion of MM
GEO -2, and prior to
the approval of the
final design for the
proposed well and
Notification and
verification shall be
provided to OCWD
by YLWD upon
completion of MM
GEO -3, and prior to
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
objectives. To maximize effectiveness, the selected BMPs shall be based on finalized
the commencement of
site - specific hydrologic conditions with consideration for the types and locations of
grading or
construction and development. Mechanisms to maintain the BMPs shall be identified
construction for the
in the Conditions of Approval. Construction BMPs could include, but are not limited
project facilities.
to the following: diversion of offsite runoff away from the construction area; prompt
revegetation of proposed landscaped areas; perimeter straw wattles or silt fences
and/or temporary basins to trip sediment before it leaves the site; regular sprinkling of
exposed soils to control dust during construction during the dry season; installation of
a minor retention basin to alleviate discharge of increased flows; specifications for
construction waste handling and disposal; erosion control measures maintained
throughout the construction period preparation of stabilized construction entrances to
avoid trucks from imprinting debris on public roadways; contained wash -out and
vehicle maintenance areas; training of subcontractors on general construction area
housekeeping; construction scheduling to minimize soil disturbance during the wet
weather season; regular maintenance and storm event monitoring.
HAZARDS and HAZARDOUS MATERIALS
Pursuant to the agreement between the OCWD and the YLWD, the YLWD
YLWD shall notify and
Notification and
Greg Woodside,
HAZ -1
Project Manager shall be responsible for ensuring compliance with the
provide OCWD with
verification shall be
OCWD Executive
following: Prior to construction of any proposed facilities that are located at
written verification that
provided to OCWD
Director of
one or both of the existing plugged wells, a written verification shall be
MM HAZ -1 has been
by YLWD upon
Planning and
obtain from the Department of Oil, Gas and Geothermal Resources that the
implemented in the
completion of MM
Natural Resources.
plugged well within the grading envelop was properly abandoned pursuant to
manner stated.
HAZ -1, and prior to
their regulations.
commencement of
construction of the
proposed wells or
pipelines.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD
YLWD shall notify and
Notification and
Greg Woodside,
HAZ -2
Project Manager shall be responsible for ensuring compliance with the
provide OCWD with
verification shall be
OCWD Executive
following: Prior to construction, YLWD shall prepare a Traffic Control Plan
written verification that
provided to OCWD
Director of
for approval by the City of Anaheim. The plan shall include management
MM HAZ -2 has been
by YLWD upon
Planning and
practices to maintain access to businesses, residences, schools, park
implemented in the
completion of MM
Natural Resources.
facilities, and other buildings when parking lots and street lanes are closed
manner stated.
HAZ -2, and prior to
during construction.
commencement of
construction of the
proposed wells or
i elines..
HYDROLOGY AND WATER QUALITY
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
HWQ -1
Manager shall be responsible for ensuring compliance with the following: Project
provide OCWD with
verification shall be
OCWD Executive
conditions of approval shall specify that, prior to issuance of a grading or dredging
written verification that
provided to OCWD
Director of
permit, appropriate Best Management Practices (BMPs) be incorporated into project
MM HWQ -1 has been
by YLWD upon
Planning and
planning to reduce construction pollutants in runoff, consistent with goals and
implemented in the
completion of MM
Natural Resources.
standards established under federal and state nonpoint source discharge NPDES
manner stated.
HWQ -1, and prior to
regulations and Basin Plan water quality objectives. To maximize effectiveness, the
the issuance of a
selected BMPs shall be based on finalized site - specific hydrologic conditions, with
grading or dredging
consideration for the types and locations of construction and development.
Mechanisms to maintain the BMPs shall be identified in the Conditions of Approval.
permit for
Construction BMPs could include, but are not limited to diversion of offsite run -off
construction of the
away from the construction area; prompt revegetation of proposed landscaped areas;
project facilities.
perimeter straw wattles or silt fences and /or temporary Basins to trap sediment before
it leaves the site; Regular sprinkling of exposed soils to control dust during
construction during the dry season; installation of a minor retention Basin(s) to
alleviate discharge of increased flows; specifications for construction waste handling
and disposal; erosion control measures maintained throughout the construction
period; preparation of stabilized construction entrances to avoid trucks from
imprinting debris on roadways; contained wash out and vehicle maintenance areas;
training of subcontractors on general construction area housekeeping; schedule
construction to minimize soil disturbance during the wet weather season; and regular
maintenance and storm event monitoring
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
HWQ -2
Manager shall be responsible for ensuring compliance with the following: Project
provide OCWD with
verification shall be
OCWD Executive
Conditions of Approval shall specify that appropriate post - construction Best
written verification that
provided to OCWD
Director of
Management Practices (BMPs) be incorporated into project design to reduce urban
MM HWQ -2 has been
by YLWD upon
Planning and
pollutants in runoff, consistent with goals and standards established under federal and
implemented in the
completion of MM
Natural Resources.
state nonpoint source discharge NPDES regulations and Basin Plan water quality
manner stated.
HWQ -2, and prior to
objectives. To maximize effectiveness, the selected BMPs shall be based on finalized
approval of the final
site - specific hydrologic conditions, with consideration for the types and locations of
design for the project
development. Mechanisms to maintain the BMPs shall be identified in the
facilities.
Conditions of Approval.
BMPs shall be selected from the wide range of effective measures outlined in the
CASA Handbook (California Stormwater Best Management Practices Handbook,
2003), the Bay Area Stormwater Management Agencies Association Start at the
Source - Design Guidance Manual, or similar documents that shall be identified prior
to final design approval. BMPs shall also identify mechanisms for routine
maintenance and repair of BMPs. These BMPs will be designed to comply with the
DAMP and NPDES permit requirements for structural and nonstructural controls.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
HWQ -3
Manager shall be responsible for ensuring compliance with the following: Individual
provide OCWD with
verification shall be
OCWD Executive
projects shall be designed to maintain pre - project stormwater runoff volume and flow
written verification that
provided to OCWD
Director of
for the 10- and 100 -year flood events to prevent downstream and off -site flooding.
MM HWQ -3 has been
by YLWD upon
Planning and
implemented in the
I completion of MM
I Natural Resources.
manner stated. HWQ -3, and prior to
approval of the final
design for the project
facilities.
NOISE
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
NOI -1 Manager shall be responsible for ensuring compliance with the following: In the
event that one of the proposed YLWD production wells is planned for the southwest
corner of Van Buren Street and Miraloma Avenue, the YLWD shall require their
construction drilling contractor to install a temporary noise attenuation barrier that
impedes that line -of -sight between the noise source of the drill rig and the residential
use at the northeast corner of Van Buren Street and Sierra Vista Avenue. The
temporary noise attenuation barrier shall consist of a material that provides a Sound
Transmission Class (STC) rating of at least 21 (STC -21). All noise attenuation
barriers shall be designed to preclude structural failure due to such factors as winds,
shear, shallow soil failure, earthquakes, and erosion.
NOI -2 Pursuant to the agreement between OCWD and YLWD, the YLWD project manager
shall require all construction contractors to use construction equipment that have
noise - reduction features (e.g., mufflers and engine shrouds) that are no less effective
than those originally installed by the manufacturer.
YLWD shall notify and
provide OCWD with
written verification that
MM N0I -1 has been
implemented in the
manner stated.
YLWD shall notify and
provide OCWD with
written verification that
MM N0I -2 has been
implemented in the
manner stated.
TRAFFIC
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
RANS -1
Manager shall be responsible for ensuring compliance with the following: The
provide OCWD with
following recommendations shall be considered and implemented as appropriate on a
written verification that
project -by- project basis: (a) prior to the start of construction, the contractor shall
MM TRANS -1 has
submit a Traffic Control Plan to the appropriate local jurisdiction for review and
been implemented in
approval. The plan shall be consistent with the Caltrans Traffic Manual, Chapter 5,
the manner stated.
and should include the following information: signage posted in areas designated as
temporary traffic control zones, and speed limits to be observed within control zones;
(b) where appropriate for work on public roadways, the YLWD will submit a set of
proposed construction plans to agencies with jurisdiction over the roadways to allow
them to comment on the proposed plans; (c) during construction of water pipelines or
other facilities that would be sited in or near the roadways, YLWD shall implement
traffic management measures as deemed necessary and applicable by a properly
Notification and
verification shall be
provided to OCWD
by YLWD upon
completion of MM
N01- 1, and prior to
the commencement of
construction of the
proposed project well.
Notification and
verification shall be
provided to OCWD
by YLWD upon
completion of MM
N0I -2, and prior to
the commencement of
construction of the
project facilities.
Notification and
verification shall be
provided to OCWD
by YLWD upon
completion of MM
TRANS -1, and prior
to the commencement
of the project
facilities.
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
licensed engineer; (d) before initiating construction of water transmission pipelines
and other facilities within or near roadways, YLWD shall provide notification of the
schedule and duration of construction activities to all affected fire, police, and
paramedic departments and services as well as any affected public transportation
agencies; (e) YLWD shall seek to coordinate all traffic control plans in the local
project area so that conflicts can be minimized by staggering construction schedules.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
TRANS-2
Manager shall be responsible for ensuring compliance with the following: Following
provide OCWD with
verification shall be
OCWD Executive
construction or during construction, as necessary to maintain safe driving conditions,
written verification that
provided to OCWD
Director of
any damage to existing roadways caused by construction vehicles and equipment will
MM TRANS -2 has
by YLWD upon
Planning and
be repaired as required in accordance with applicable city, county or Caltrans
been implemented in
completion of MM
Natural Resources.
standards.
the manner stated.
TRANS -2 following
completion of project
facilities construction.
Calculation of Annual Annexation
Annex
Total Water
Charge = BPP% x Demand in
Annex Area
(AF)
Charge
x Total A.V. Tax $ x 100
Total GW (AF)
Calculation of Annual Annexation
Charge
Annex
Charge = 65% x 6518 AF x $20,335,633 x
298,317 AF
100% = $288,807
ITEM NO. 8.2
AGENDA REPORT
Meeting Date:
October 10, 2013
Budgeted:
Yes
Total Budget:
$1.12 M
To:
Board of Directors
Cost Estimate:
$1.5 M
Funding Source:
Water Capital
Reserves
From:
Steve Conklin, Acting General
Account No:
101 -2700
Manager
Job No:
2011 -20
Presented By:
Steve Conklin, Acting General
Dept:
Engineering
Manager
Reviewed by Legal:
No
Prepared By:
Joe Polimino, Project Engineer
CEQA Compliance:
Exempt
Subject: Approval of Change Order No. 3 for the 2012 Waterline Replacement Phase II
Project
SUMMARY:
Work is proceeding on construction of the 2012 Waterline Replacement Phase II Project. Submitted
for consideration is construction Change Order No. 3.
STAFF RECOMMENDATION:
That the Board of Directors approve Change Order No. 3 in the amount of $34,013.69 and no
additional days to TBU Construction Inc., for construction of the 2012 Waterline Replacement
Phase II Project, Job No. 2011 -20.
COMMITTEE RECOMMENDATION:
The Planning- Engineering- Operations Committee will discuss this matter at its meeting scheduled
October 7, 2013 and will provide its recommendation at the Board meeting.
DISCUSSION:
In accordance with the contract documents, TBU Construction, Inc. submitted the proposed Change
Order No. 3 due to additions and modifications, as well as District - initiated changes encountered
during the course of construction to date. A copy of Change Order No. 3 is attached for your review
and details are provided below for items having a substantial cost change to the contract.
Item 3: The Phase II Waterline contract included pipe and valve replacements at the Hidden Hills
pump station location. This required extensive work in Hidden Hills Road, including installation of a
new four -way valve cluster, various pre- manufactured 90- degree pipe "Specials," field welding,
tunneling under existing curb and gutter, and multiple tie -ins including one within the horse trail and
another to the District's pump station. Due to a five -day constraint placed by both the City of Yorba
Linda (for additional traffic controls and minimum impact to local residents) and the District (to keep
up with high water demands during this time period), the contractor was required to schedule
additional overtime hours and extra labor to complete this portion of the work and assure the pump
station was back on -line within the five -day period. The cost of this item is $14,991.46 and no
additional days.
Item 5: While reviewing the approved plans for the Sunwood Lane PRV, the Operations Department
requested the following changes be made to the design: Upsize piping from 2" Copper to 4" ductile
iron to match existing piping arrangement and maximize flow; change all 2" gate valves to 4" gate
valves to match upsized piping; and add vault vents, for improved air flow to help prevent moisture
buildup inside the vault and protect the piping from corrosion. The cost for these changes was
$9,708.51 and no additional days.
The status of the construction contract with TBU Construction Inc. is as follows:
• The current contract is $1,407,553.92 and 370 calendar days starting February 1, 2013.
• If approved, Change Order No. 3 adds $34,013.69 (2.4% of the current contract amount) and
no additional calendar days.
• If approved, the revised construction contract amount is $1,441,567.61 (6.0% changes from
the original contract amount) and 370 calendar days.
Staff and RBF Engineers, the District's design engineer, reviewed the change order request items
and recommend approval.
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 $1,359,300.11 for the 2012 Waterline Replacement Project, Phase II with TBU Inc., on
November 21, 2012. The Board has approved two change orders and seven progress payments to
date for this project, the last of which was approved on September 26, 2013.
ATTACHMENTS:
Name:
TBU Chanae Order No 3.pdf
Approved by the Board of Directors of the
Yorba Linda Water District
10/10/2013
RK /RC 4 -0 -1
PH was absent.
Description: Type:
TBU Change Order No. 3 Phase II Waterline Project Backup Material
YORBA LINDA WATER DISTRICT
CONTRACT NAME:
CONTRACTOR:
PROJECT NUMBER:
OWNER:
CHANGE ORDER NO. 3
DATE 9116113
Page 1 of 1
Yorba Linda Blvd. Pipeline Project CONTRACT AMT.: $1,407,553.92 DAYS: 370
TBU Construction Inc.
2011 -20
THIS CHANGE: $34,013.69 DAYS: 0
(2.4 %) —
Yorba Linda Water District REVISED CONTRACT AMT: $1,441,567.61 DAYS: 370
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and matefials, and
perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba
Linda Water District otherwise referred to as Owner.
DESCRIPTION OF CHANGES
+INCREASE
CONTRACT
/ OR
TIME
+EXTENSION
— DECREASE IN
/OR-
CONTRACT
REDUCTION
AMOUNT ($)
(DAYS)
1 Remove & Install unknown R/R Ties at Horse Trail location
$2,199.02
0
2) Excavation around unknown existing lines, Richfield Rd. Station 12 +30
$2,898.55
0
3 Extra overtime and work necessary at Hidden Hills Location on 6/21/13
$14,991.46
0
4 Richfield Rd. work to jackhammer due to unknown concrete and extra welding
$2,520.92
0
5 Operations Dept. changes and additions to the Sunwood PRV Station
$9,708.51
0
6 Remove additional existing valve for fire hydrant on Richfield Rd.
$1,695.23
0
NET CHANGE
$34,013.69
0
REVISED CONTRACT AMOUNT AND TIME
$1,441,667.61
370
The amount of the contract will be increased tdecreased> by the sum of $34,013.69 and the contract time shall be increased tdesreased} 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 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 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: �v /ENGINEER OR DATE:
� CONSULTANT
on Yqji5efyarna
Project Manager, RBF ConsL r g
ACCEPTED: /CONTRACTOR DATE: Gl, [cl
r _LL
Ted Burton
Presi nt, TBU Construction Inc.
APPROVED: DATE:
/OWNER
Steve Conklin
Acting General Manager, YLWD
ITEM NO. 8.3
AGENDA REPORT
Meeting Date:
October 10, 2013
Budgeted:
Yes
Total Budget:
$1,000,000
To:
Board of Directors
Cost Estimate:
$863,345
Funding Source:
Water Capital
Reserves
From:
Steve Conklin, Acting General
Account No:
2009 -22
Manager
Presented By:
Steve Conklin, Acting General
Dept:
Engineering
Manager
Reviewed by Legal:
N/A
Prepared By:
Derek Nguyen, Water Quality
CEQA Compliance:
Exempt
Engineer
Subject:
Award of Construction Contract
for the Drilling of Well No. 21
SUMMARY:
The District has received construction bids for the drilling of Well No. 21 on September 19, 2013.
The bid results were as follows:
Contractor Bid Amount
Bakersfield Well & Pump Co. $ 863,345.00
Best Drilling & Pump, Inc. $ 941,910.00
Layne Christensen Co. $ 1,041,500.00
STAFF RECOMMENDATION:
That the Board of Directors authorize execution of a Construction Contract to the lowest responsible
bidder, Bakersfield Well & Pump Co. in the amount of $863,345 for the Drilling of Well No. 21.
COMMITTEE RECOMMENDATION:
The Planning- Engineering- Operations Committee will consider this item at its meeting being held
October 7, 2013 and will provide its recommendation at the Board meeting.
DISCUSSION:
As part of the District's on -going Capital Improvement Plan, project specifications were completed
for the Drilling of Well No. 21 to be located at the Northwest corner of Conrock Basin, one of
OCWD's recharge facilities. In December 2012, the District signed a 50 -year lease agreement with
OCWD allowing the District to plan and construct the future Well No. 21 on OCWD's property.
Staff solicited bids and conducted a Pre -Bid meeting on September 4, 2013. Bids were received on
September 19, 2013, with results as noted above.
Staff reviewed the bid package of Bakersfield Well & Pump Co. as well as recent work references
and status of its Contractor's license. All were in order.
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 December 20, 2012, the Board of Directors approved a Professional Services Agreement with
CDM Smith in the amount of $117,740 to provide hydrogeologic services to evaluate two potential
well sites and provide well drilling design, specifications and inspection services.
On December 20, 2012, the Board of Directors authorized approval and execution of the 50 -year
Lease Agreement between Orange County Water District and Yorba Linda Water District for the
Well 21 site.
Approved by the Board of Directors of the
Yorba Linda Water District
10/10/2013
RK /RC 4 -0 -1
PH was absent.
AGENDA REPORT
Meeting Date: October 10, 2013
To: Board of Directors
From: Steve Conklin, Acting General
Manager
Presented By: Steve Conklin, Acting General
Manager
Prepared By: Derek Nguyen, Water Quality
Engineer
Budgeted:
Total Budget:
Cost Estimate:
Funding Source
Job No:
Dept:
Reviewed by Legal:
CEQA Compliance:
Subject: Award of Wellhead Equipping Design for Well No. 21
SUMMARY:
ITEM NO. 8.4
Yes
$150,000
$147,258
All Water Funds
200922
Engineering
N/A
MND
Staff solicited proposals to provide engineering design, bidding support services and construction
management for Wellhead Equipping of YLWD Well No. 21 and received 7 proposals from qualified
engineering firms. Following a technical evaluation and based upon the overall experience and
qualifications, staff recommends award to Stantec Consulting Services, Inc. in the amount not to
exceed $147,258.
STAFF RECOMMENDATION:
That the Board of Directors authorize execution of a Professional Services Agreement with Stantec
Consulting Services, Inc, to provide engineering design, bidding support services, and construction
management for Wellhead Equipping of YLWD Well No. 21 in the amount not to exceed $147,258.
COMMITTEE RECOMMENDATION:
The Planning- Engineering- Operations Committee will consider this item at its meeting being held
October 7, 2013 and will provide its recommendation at the Board meeting.
DISCUSSION:
Staff prepared a Request for Proposal to provide engineering consulting services for design, bidding
support, and construction management for Wellhead Equipping of Well No. 21. Proposals were
received from 7 qualified engineering firms on September 17, 2013. The District's review team
ranked and scored the proposals based on experience, content, and understanding of the project.
Following the technical evaluation and ranking, separate fee envelopes of each proposal were
opened. The results of the ranking and proposed fee are as follows:
Firm Score Ranking Proposed Fee
Stantec 13.37 1 $ 147,258
Webb Associates
13.06
2
$ 151,000
RBF
12.81
3
$ 203,610
Kennedy /Jenks
12.77
4
$ 299,834
SA Associates
12.04
5
$ 123,000
Civil Source
12.19
6
$ 136,497
CivilTec
10.21
7
$ 95,685
Based upon the overall technical experience and qualifications, staff recommends award of the
Wellhead Equipping Design to the highest ranked firm, Stantec Consulting Services, Inc. in the
amount not to exceed $147,258.
STRATEGIC PLAN:
SR 3 -B: Continue Planning for Long Term Capital Improvements and Replacements into the future
PRIOR RELEVANT BOARD ACTION(S):
On December 20, 2012, the Board of Directors approved a Professional Services Agreement
with CDM Smith in the amount of $117,740 to provide hydrogeologic services to evaluate two
potential well sites and provide well drilling design, specifications and inspection services.
On December 20, 2012, the Board of Directors authorized approval and execution of the 50-
year Lease Agreement between Orange County Water District and Yorba Linda Water District
for the Well 21 site.
Approved by the Board of Directors of the
Yorba Linda Water District
10/10/2013
RK /RC 4 -0 -1
PH was absent.
ITEM NO. 8.5
AGENDA REPORT
Meeting Date:
October 10, 2013
Budgeted:
Yes
Total Budget:
$120,000
To:
Board of Directors
Cost Estimate:
$10,620
Funding Source:
All Water Funds
From:
Steve Conklin, Acting General
Manager
Job No:
J2009 -22
Presented By:
Steve Conklin, Acting General
Dept:
Engineering
Manager
Reviewed by Legal:
N/A
Prepared By:
Derek Nguyen, Water Quality
CEQA Compliance:
Exempt
Engineer
Subject:
Amendment No. 1 to Professional
Services Agreement with CDM Smith for
Hydrogeologic Services for Well
No. 21
SUMMARY:
At the District's request, CDM Smith provided the attached letter proposal describing the additional
time and labor needed to provide full -time oversight monitoring during the drilling of Well No. 21.
Since Well No. 21 construction site is located near OCWD's recharge facilities, OCWD recently
added the requirement that full -time monitoring of the drilling activities be provided to ensure that
unauthorized discharges of drilling fluids will not be disposed of into OCWD's recharge facilities.
This requirement necessitated additional time and labor be perform by CDM Smith. Submitted for
review is Amendment No. 1 to the Hydrologic Services Agreement with CDM Smith in the amount of
$10,620 resulting in a total fee of $128,360.
STAFF RECOMMENDATION:
That the Board of Directors approve Amendment No. 1 in the amount of $10,620 to CDM Smith for
Hydrologic Services to provide full -time oversight monitoring during the drilling of Well No. 21
COMMITTEE RECOMMENDATION:
The Planning- Engineering- Operations Committee will consider this item at its meeting being held
October 7, 2013 and will provide its recommendation at the Board meeting.
DISCUSSION:
Work is proceeding for the drilling of Well No. 21. As part of the process, the District's consultant,
CDM Smith has been in contact with OCWD regarding its NPDES discharge permit and water
quality limitations. Since Well 21 site is located near Conrock Basin, one of OCWD's recharge
facilities, OCWD recently added the requirement that full -time oversight monitoring be provided
during the drilling of Well 21. Full -time oversight is not included in the current Scope of Work. This
requirement necessitates additional time and labor for CDM Smith to ensure that unauthorized
discharges of drilling fluids will not be made during the well development stage.
Submitted for review, is the letter proposal from CDM Smith in the amount of $10,620 for the
additional time and labor required to provide full -time oversight monitoring during the drilling of Well
No. 21. District staff has reviewed the work scope and fee and believe that they are necessary and
appropriate.
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 December 20, 2012, the Board of Directors approved a Professional Services Agreement with
CDM Smith in the amount of $117,740 to provide hydrologic services to evaluate two potential well
sites and provide well drilling design, specifications and inspection services.
ATTACHMENTS:
Namc
CDM Smith Amendment No.1 09192013.pdf
Approved by the Board of Directors of the
Yorba Linda Water District
10/10/2013
RK /RC 4 -0 -1
PH was absent.
Description:
CDM Smith Amendment No.1
Type:
Backup Material
CDM-
Smith
111 Academy Way, Suite 150
Irvine, CA 92617
tel: 949 - 752 -5452
September 19, 2013
Mr. Derek Nguyen
Water Quality Engineer
Yorba Linda Water District
1717 E. Miraloma Avenue
Placentia, CA 92870
Subject: Amendment No. 1 to PSA Job: 2009 -22 #21 - Additional well development
oversight hours
Dear Mr. Nguyen:
In response to Orange County Water District's (OCWD) requirement for full time oversight of
the drilling contractor during discharging into Conrock Basin CDM Smith is submitting
Amendment No. 1 to the Professional Services Agreement between Yorba Linda Water
District and CDM Smith for Job: 2009- 22 #21, dated January 16, 2013.
As required by OCWD, CDM Smith will be onsite during aquifer zone isolation testing and
mechanical well development to oversee the drilling contractor during discharge into
Conrock Basin. Currently, our scope of work includes part time monitoring during these tasks
(144 hours during zone isolation testing and 66 hours during well development for a total of
210 hours). Based on our experience with Well 20, the cost to cover this additional work
would require approximately 78 additional hours of a staff hydrogeologist at a rate of
$115/hr ($8,970), and an additional 10 hours for the project hydrogeologist at a rate of
$165/hr ($1,650). The total additional cost for performing additional oversight during zone
isolation and mechanical well development is $10,620. The contract amount is currently
$117,740. The total contract amount including the amended work is $128,360. All other terms
and conditions of the contract between Yorba Linda Water District and CDM Smith remain
the same. As this is a time and materials contract, the District will be billed on actual time
spent on each task.
Please provide written authorization approving this work. Should you have any questions or
require additional clarification, please call.
Sincerely,
1 '
Suzanne Rowe Lanaya Voelz
Project Manager Principal
CDM Smith Inc. CDM Smith Inc.
WATER+ ENVIRONMENT +TRANSPORTATION + ENERGY +FACILITIES
AGENDA REPORT
Meeting Date: October 10, 2013
To: Board of Directors
From: Steve Conklin, Acting General
Manager
Presented By: John DeCriscio, Operations
Manager
Prepared By: Harold Hulbert, Operations
Assistant
Budgeted:
Total Budget:
Funding Source:
Account No:
Dept:
Reviewed by Legal:
CEQA Compliance:
Subject: Landscape Contract Approval Change
SUMMARY:
ITEM NO. 8.6
Yes
$40,000
All Water Funds
1- 5060 - 0600 -40
Operations
Yes
N/A
On August 22, 2013 the Board of Directors approved the Landscape Maintenance Contract with
Marina Landscape, Inc. for the not -to- exceed amount of $37,050.00. While preparing the final
contract documents an error was found in the total cost that both District staff and the vendor
missed during the review.
STAFF RECOMMENDATION:
That the Board of Directors authorize the General Manager to enter into a Landscape Service
Contract with Marina Landscape, Inc. The initial term of the contract will be 9 month with service
starting on October 1, 2013 and ending on June 30, 2014, with a total contract cost not to exceed
$62,320.32. Additionally, that the Board of Directors authorize the General Manager to execute the
annual renewal options as provided, if staff remains satisfied with the level of service being provided
by Marina Landscape, Inc.
DISCUSSION:
As stated above, during review and preparation of the contract documents a error was found when
totaling all of the cost items for each site. It was determined that 4 sites were not added in the total
cost which will increase the "not to exceed" cost of the contract by $25,270.32.
Both staff and the vendor missed this when reviewing the documents prior to submitting the Agenda
Report for the contract approval. Thereafter, staff further reviewed the proposal submitted by the
other vendor, Park West, and found their cost was correct.
The corrected "not to exceed" contract amounts for the first year for the two vendors are:
1. Marina Landscape: $62,320.32
2. Park West: $92,556.00
With these changes the initial contract term is 9 months, with three additional one year renewal
options. Based upon the above pricing the total estimated cost with all renewal options would be:
1. Marina Landscape: $249,281.28
2. Park West: $370,224.00+
As stated Marina Landscape has been providing landscape services for the District since 2009.
Staff has developed a good working relationship with Marina during this time and is happy with the
service that has been provided to date. As such, staff recommends award of the service contract to
Marina Landscape, Inc.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors approved the original Landscape Contract on August 22, 2013.
Approved by the Board of Directors of the
Yorba Linda Water District
10/10/2013
RK/RC 4 -0 -1
PH was absent.
Meeting Date
Subject:
M
ATTACHMENTS:
ITEM NO. 10.1
AGENDA REPORT
October 10, 2013
Executive - Administrative - Organizational Committee
(Melton /Kiley)
Minutes of meeting held September 17, 2013 at 4:00 p.m.
• Meeting scheduled October 15, 2013 at 4:00 p.m.
Name:
091713 EAO - Minutes.docx
Description:
EAO Mtg Minutes 09/17/13
Type:
Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
EXECUTIVE - ADMINISTRATIVE - ORGANIZATIONAL COMMITTEE MEETING
Tuesday, September 17, 2013, 4:00 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2.
3.
4.
The September 17, 2013 meeting of the Yorba Linda Water District's Executive -
Administrative- Organizational Committee was called to order by Director Melton
at 4:00 p.m. The meeting was held in the Admin Conference Room at the
District's Administration Building located at 1717 East Miraloma Avenue in
Placentia, California 92870.
ROI I CAI I
COMMITTEE STAFF
Director Gary T. Melton, Chair Steve Conklin, Acting General Manager
Director Robert R. Kiley Damon Micalizzi, Public Info Officer
OTHER ATTENDEES
Eddy Beltran, Partner, Kidman Law LLP
Heather Stratman, Senior Director, Townsend Public Affairs (via teleconference)
PUBLIC COMMENTS
None.
DISCUSSION ITEMS
4.1. Status of Legislative Affairs (Verbal Report)
Mrs. Stratman and the Committee discussed local and state issues of
interest to the District.
Mrs. Stratman ended her teleconference with the Committee at the completion of
Item 4.1.
4.2. Seat on Orange County Sanitation District Board of Directors (Verbal
Report)
The Committee recalled the recent discussions with Councilman Anderson
concerning the process to transfer the representation on the OCSD Board
from the City of Yorba Linda to YLWD when Mr. Anderson completes his
leadership tenure at OCSD.
1
4.3. Status of OCWD Annexation Project (Verbal Report)
Mr. Conklin reported on the latest discussions with OCWD staff and the
other two annexation applicants, noting that the process is on schedule for
consideration for approval by the OCWD Board on October 2, 2013.
4.4. Status of Sage and Esperanza Hills Development Projects (Verbal Report)
Mr. Conklin reported that no new information has come to light on these
projects and that the meeting proposed by LAFCO is still pending, with no
date scheduled.
4.5. Status of Plumosa Property Sale (Verbal Report)
Mr. Conklin reported that staff is in the process of completing a PSA with
the Houston Company for a MAI Appraisal for the property. It will be a 2-
part appraisal with a fee for services of $4500.
4.6. Status of Fire Retardant Evaluation (Verbal Report)
Mr. Conklin reported that he reviewed the draft staff report and that staff is
responding to questions he raised. He also noted that following the
redraft, the staff report will be reviewed by our legal counsel before
bringing it to EAO Committee.
4.7. Status of Operations and Efficiency Study (Verbal Report)
There was no new information to report on this item.
4.8. Status of YLWD /City of YL Joint Agency Committee Meeting — October
16, 2013 at 7:00 p.m.
Mr. Conklin and Mr. Micalizzi reported on the September 16 meeting with
staff of the City of Yorba Linda, OC Fire Authority and OC Sheriff
Department on the planning for the October 16 Town Hall meeting. The
discussion included the planned room layout for the Community Center
presentation, the goals for the meeting, and the subject matter for the
presentations by OCFA, YLWD, and OCSD, in that order. It was also
noted that Mr. Mark Pulone, YL City Manager, will be the meeting
facilitator, with the intent of keeping this one -item agenda on point.
4.9. Status of YLWD /City of Placentia Joint Agency Committee Meeting — Date
and time to be determined.
Mr. Conklin reported that the tentative date for the next meeting is
Monday, October 14 at 9:30 am at Placentia City Hall.
4.10. Status of Strategic Plan Initiatives
Mr. Conklin reviewed the status of the initiatives with the Committee.
4.11. Future Agenda Items and Staff Tasks
None.
04
The Committee adjourned to Closed Session at 5:10 pm. Directors Melton and Kiley
were present. Also present were Messrs. Conklin and Beltran.
5. CLOSED SESSION
5.1. 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)
5.2. Conference with Legal Counsel — Pending Litigation
Pursuant to Subdivision (a) of Section 54956.9 of the California
Government Code
Name of Case: City of Anaheim vs. Ana J. Matosantos, et al.
(Superior Court of CA, Sacramento — Case No. 34- 2013 - 800001529)
5.3. Conference with Legal Counsel — Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision
(d) of Section 54956.9 of the California Government Code
Related to line break at 1301 North Rose Drive, Placentia CA 92870.
Number of Potential Cases: One
5.4. Conference with Legal Counsel — Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision
(d) of Section 54956.9 of the California Government Code
Related to written communications from potential plaintiffs threatening
litigation.
Number of Potential Cases: One
The Committee reconvened in Open Session at 5:22 pm. Director Melton announced
that no action was taken during Closed Session that was required to be reported under
the Brown Act.
6. ADJOURNMENT
6.1. The meeting was adjourned at 5:23 pm. The next Executive -
Administrative- Organizational Committee meeting is scheduled to be held
Tuesday, October 15, 2013 at 4:00 p.m.
3
Meeting Date
Subject:
M
ATTACHMENTS:
ITEM NO. 10.5
AGENDA REPORT
October 10, 2013
Public Affairs - Communications - Technology Committee
(Beverage /Collett)
Minutes of meeting held September 25, 2013 at 4:00 p.m.
• Meeting scheduled October 14, 2013 at 4:00 p.m.
Name:
092513 PACT - Minutes.docx
Description:
PACT Mtg Minutes 09/25/13
Type:
Minutes
2.
3
MINUTES OF THE
YORBA LINDA WATER DISTRICT
PUBLIC AFFAIRS - COMMUNICATIONS - TECHNOLOGY COMMITTEE MEETING
Wednesday, September 25, 2013, 4:00 p.m.
1717 E Miraloma Ave, Placentia CA 92870
CALL TO ORDER
The September 25, 2013 meeting of the Yorba Linda Water District's Public
Affairs - Communications - Technology Committee was called to order by Director
Beverage at 4:00 p.m. The meeting was held in the Admin Conference Room at
the District's Administration Building located at 1717 East Miraloma Avenue in
Placentia, California 92870.
ROLL CALL
COMMITTEE
Director Michael J. Beverage, Chair
Director Ric Collett
PUBLIC COMMENTS
None.
4. DISCUSSION ITEMS
STAFF
Steve Conklin, Acting General Mgr
Art Vega, Acting IT Manager
Damon Micalizzi, Public Info Officer
4.1. Dynamics GP Upgrade Status (Verbal Report)
Mr. Vega reported that the amended PSA with Cogsdale for upgrading the
Dynamics GP and CSM software to the most current version would be
executed the following day at the Board Meeting. He further explained
that a test upgrade server has been setup by IT in order to begin the
process.
4.2. Status of Dynamics GP Consultant (Verbal Report)
Mr. Vega reported on the status of work being provided by our consultant
for the Human Resources module of the Dynamics GP software. It was
reported that phase I funds have been used up and as a result staff was
recommending to use phase II funds to finish phase I. Staff recommends
against moving forward with phase II (training) as staff is confident that
SOP's for the HR Module can now be done in house due to the work and
knowledge gained by staff during phase I. Mrs. Knight was called into the
meeting to discuss a timeline for the next meeting with the consultant.
The committee requested that Mrs. Knight provide scheduling information
for this project at the next Personnel Risk Management Meeting.
4.3. CMMS Project Status (Verbal Report)
Mr. Vega reported that progress in CMMS has slowed down due to other
higher priorities, the unavailability and loss of staff, and the
unresponsiveness of the consultant being used for this project. Mr. Vega
further reported that IT has been in contact with a local consulting firm for
possibly providing GIS and CMMS services and serve as a replacement
for the current CMMS consultant. Mr. Vega provided a fee schedule for
both the current and the new consulting firm for the committee to review
and discuss. Mr. Vega informed the committee that he would likely be
providing a PSA for CMMS and GIS services for this committee's
consideration at a future PACT committee once this consulting firm has
been vetted.
4.4. Draft Fall Newsletter
The Committee reviewed the newsletter and approved it with only minor
edits.
4.5. YLWD.com Review and Analytics Report (To be provided at the meeting.)
Discussion of this item was postponed to the next meeting.
4.6. Status of Current Public Outreach Activities
The Committee reviewed the report, noting the amount of bottled water
requests are up from years past.
4.7. Future Outreach and Press Relations (Verbal Report)
The Committee discussed events of potential media interest such as the
October 16th Town Hall Meeting with the City of Yorba Linda.
4.8. The Pipeline — YLWD's Internal Newsletter (Verbal Report)
Mr. Micalizzi, after the fact, explained to the Committee the revival of the
Pipeline and his plans for the Internal Newsletter moving forward.
4.9. Future Agenda Items and Staff Tasks
None.
5. ADJOURNMENT
5.1. The meeting was adjourned at 5:45 p.m. The next Public Affairs -
Communications- Technology Committee meeting is scheduled to be held
Monday, October 7, 2013 at 4:00 p.m.
0
Meeting Date
Subject:
or
ATTACHMENTS:
Name:
ITEM NO. 10.9
AGENDA REPORT
October 10, 2013
YLWD - MWDOC -OCWD Joint Agency Committee
(Beverage /Melton)
Minutes of meeting held September 24, 2013 at 4:00 p.m.
• Meeting scheduled November 26, 2013 at 4:00 p.m.
Description: Type:
YLWD /MWDOC /OCWD Joint Agency Mtg Minutes
092413 MWDOC OCWD - Minutes.docx Minutes
09/24/13
MINUTES OF THE
YORBA LINDA WATER DISTRICT
JOINT AGENCY COMMITTEE MEETING WITH MWDOC AND OCWD
Tuesday, September 24, 2013, 4:00 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The September 24, 2013 meeting of the Yorba Linda Water District's Joint
Agency Committee with MWDOC and OCWD was called to order at 4:00 p.m.
The meeting was held in the Admin Conference Room at the District's
Administration Building located at 1717 East Miraloma Avenue in Placentia,
California 92870.
2. ROLL CALL
YLWD COMMITTEE MEMBERS
Director Gary T. Melton
Director Michael J. Beverage
MWDOC COMMITTEE MEMBER
Director Brett Barbre
OCWD COMMITTEE MEMBER
Director Roger Yoh
OTHER ATTENDEES
Daniel Mole, Chair, YLWD CAC
3. PUBLIC COMMENTS
None.
4. DISCUSSION ITEMS
YLWD STAFF
Steve Conklin, Acting General Manager
MWDOC STAFF
Rob Hunter, General Manager
OCWD STAFF
Mike Markus, General Manager
4.1. Introduction of Rob Hunter, General Manager, MWDOC
Director Barbre introduced Mr. Hunter, the new MWDOC GM. Mr. Hunter
thanked Dir Barbre and said that he will be attending these bi- monthly
meetings and plans to attend a YLWD Board meeting soon to introduce
himself to the entire Board.
4.2. Huntington Beach Desalination Project
Mr. Markus reported that OCWD is preparing a study examining the merits
of OCWD purchasing the entire 56,000 AF /yr capacity of the proposed
Project. A "white paper" on the matter should be complete by the end of
2013. Dir Barbre reported that he is assisting OCWD with its application
to MWD for a $250 /AF subsidy under the LRP. He expects that it will
ultimately be approved. Dir Yoh noted that the Executive Committee of
the OCWD Board is in the process of selecting a Citizens Advisory
1
Committee for the Project. Dir Barbre noted that Mr. Mole has submitted
his application for membership on the CAC.
4.3. Consolidation of MWDOC and OCWD
Dir Barbre reported that an Ad Hoc Committee with three directors each
from the two districts has been established and had its first meeting. It was
noted that the request to investigate consolidation originated from the
directors.
4.4. OCWD Annexation
Dir Yoh reported that on September 23, the IRWD Board approved the
last conditions determined necessary by the Groundwater Producers
group to achieve "cost neutrality." With this last element in place, it is
anticipated that the Groundwater Producers and the facilitator for the
negotiations, Mr. Howard Johnson, will now acknowledge support for the
annexations at the Oct 2 OCWD Board meeting. Dir Yoh was cautiously
optimistic that this support will lead to a majority vote by the Board in favor
of the annexation.
4.5. Status of OCWD Groundwater Basin Cleanup Projects
Dir Yoh and Mr. Markus described the status of the two groundwater basin
cleanup projects, noting that both are separately in court, and that the
rulings from the judges so far have not been in favor of the District. This
issue will remain as a standing item on future agendas for updates.
4.6. YLWD Well Project
Mr. Conklin reported that he will be bringing an item to his Board on Oct
10 for award of the drilling contract for Well 21, north of OCWD's Conrock
Basin. He noted that this will be followed by a request to his Board for
approval of an agreement for engineering services for equipping of that
well.
4.7. Future Agenda Items
None.
5. ADJOURNMENT
5.1. The meeting was adjourned at 5:05 p.m. The next YLWD- MWDOC-
OCWD Joint Agency Committee meeting is scheduled to be held
Tuesday, November 26, 2013 at 4:00 p.m.
04
Meeting Date
Subject:
ATTACHMENTS:
AGENDA REPORT
October 10, 2013
Meetings from October 11, 2013 - November 30, 2013
ITEM NO. 12.1
Description: Type:
BOD - Activities Calendar.pdf Backup Material Backup Material
Board of Directors Activity Calendar
Event Date Time Attendance by:
October 2013
Joint Committee Meeting with City of Placentia
Mon, Oct 14
9:30AM
Melton /Hawkins
Pub Affairs - Communications -Tech Committee Meeting
Mon, Oct 14
4:OOPM
Beverage /Collett
Exec - Admin- Organizational Committee Meeting
Tue, Oct 15
4:OOPM
Melton /Kiley
Yorba Linda City Council
Tue, Oct 15
6:30PM
Collett
MWDOC Board
Wed, Oct 16
8:30AM
Melton
OCWD Board
Wed, Oct 16
5:30PM
Kiley
Joint Committee Meeting with City of Yorba Linda
Wed, Oct 16
6:30PM
Kiley /Beverage
Yorba Linda Mayor's Prayer Breakfast
Thu, Oct 17
7:OOAM
Mayor of Yorba Linda State of the City Address
Wed, Oct 23
11:30AM
Hawkins
MWDOC Water Policy Forum & Dinner
Wed, Oct 23
5:30PM
Collett
Yorba Linda Planning Commission
Wed, Oct 23
6:30PM
Hawkins
OCWD Groundwater Adventure Tour
Thu, Oct 24
8:OOAM
Board of Directors Regular Meeting
Thu, Oct 24
8:30AM
Yorba Linda LMAD CAC
Thu, Oct 24
6:30PM
Kiley
Diemer 50th Anniversary and Ozone Dedication
Fri, Oct 25
10:OOAM
Collett
Citizens Advisory Committee Meeting
Mon, Oct 28
8:30AM
Beverage
Finance - Accounting Committee Meeting
Mon, Oct 28
12:OOPM
Hawkins /Melton
ISDOC
Thu, Oct 31
11:30AM
Hawkins
November 2013
WACO
Fri, Nov 1
7:45AM
Hawkins /Kiley
Pub Affairs - Communications -Tech Committee Meeting
Mon, Nov 4
4:OOPM
Beverage /Collett
Yorba Linda City Council
Tue, Nov 5
6:30PM
Kiley
MWDOC /MWD Workshop
Wed, Nov 6
8:30AM
Melton
OCWD Board
Wed, Nov 6
5:30PM
Kiley
MWDOC Elected Officials Forum
Thu, Nov 7
5:30PM
District Offices Closed
Mon, Nov 11
7:OOAM
Personnel -Risk Management Committee Meeting
Tue, Nov 12
4:OOPM
Collett /Beverage
LAFCO
Wed, Nov 13
8:30AM
Beverage
Planning- Engineering- Operations Committee Meeting
Wed, Nov 13
12:OOPM
Kiley /Hawkins
Yorba Linda Planning Commission
Wed, Nov 13
6:30PM
Melton
Board of Directors Regular Meeting
Thu, Nov 14
8:30AM
Yorba Linda LMAD CAC
Thu, Nov 14
6:30PM
Beverage
CSDA Special District Leadership Academy Conference
Sun, Nov 17
5:30PM
Melton
CSDA Special District Leadership Academy Conference
Mon, Nov 18
8:OOAM
Melton
CSDA Special District Leadership Academy Conference
Tue, Nov 19
8:OOAM
Melton
Exec - Admin- Organizational Committee Meeting
Tue, Nov 19
4:OOPM
Melton /Kiley
Yorba Linda City Council
Tue, Nov 19
6:30PM
Collett
CSDA Special District Leadership Academy Conference
Wed, Nov 20
8:OOAM
Melton
MWDOC Board
Wed, Nov 20
8:30AM
Melton
OCWD Board
Wed, Nov 20
5:30PM
Kiley
Citizens Advisory Committee Meeting
Mon, Nov 25
8:30AM
Beverage
Finance - Accounting Committee Meeting
Mon, Nov 25
12:OOPM
Hawkins /Melton
Joint Committee Meeting with MWDOC and OCWD
Tue, Nov 26
4:OOPM
Beverage /Melton
Board of Directors Regular Meeting
Wed, Nov 27
8:30AM
Yorba Linda Planning Commission
Wed, Nov 27
6:30PM
Hawkins
District Offices Closed
Thu, Nov 28
7:OOAM
Yorba Linda LMAD CAC
Thu, Nov 28
6:30PM
Kiley
10/3/2013 11:17:18 AM
AGENDA REPORT
Meeting Date: October 10, 2013
ITEM NO. 13.1
Subject: Mayor of Yorba Linda State of the City Address - October 23, 2013
Diemer 50th Anniversary and Ozone Facility Dedication - October 25, 2013
STAFF RECOMMENDATION:
That the Board of Directors authorize Director attendance at these events if desired.
ATTACHMENTS:
Name: Description: Type:
Diemer 50th Anniversarv.odf Backup Material Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
10/10/2013
RURK 4 -0 -1
PH was absent.
4ZO:Z:E
ARS
ft EL
%FD �IE-. m� E R
THE METROP01ITAN 'WATER DISTRICT
OF SOUTHERN CALIFORNIA
Diemer 50th Anniversary and Ozone Dedication
Please join the Metropolitan Water District of
Southern California to celebrate the 50th
Anniversary of the Robert B. Diemer Water
Treatment Plant and to dedicate the new Ozone
Facilities.
FRIDAY OCTOBER 25TH, 2013
10 A.M.
3972 VALLEY VIEW AVENUE
YORBA LINDA, CALIFORNIA
Tours will. be offered of the new Ozone Facility following the
event program.
Register Now!
I can't make it
Sincerely,
Jami Decker
Metropolitan Water District
'decker mwdh2o.com
213- 217 -7347