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Home My WebLink About2014-02-13 - Board of Directors Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, February 13, 2014, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Robert R. Kiley, President Ric Collett, Vice President Michael J. Beverage Phil Hawkins Gary T. Melton 4. ADDITIONS/DELETIONS TO THE AGENDA 5. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 6. COMMITTEE REPORTS 6.1. Citizens Advisory Committee (Kiley) · Minutes of the meeting held January 27, 2014 at 8:30 a.m. · Next meeting is scheduled to be held February 24, 2014 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 January 9, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Regular Meeting held January 23, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Minutes of the Board of Directors Regular Meeting held January 30, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 7.4. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,300,338.45. 7.5. Investment Report for Period Ending December 31, 2013 Recommendation: That the Board of Director's receive and file the Investment Report for the Period Ending December 31, 2013. 7.6. Proposed Change Order No. 1 for the Yorba Linda Blvd. Pump Station Project Recommendation: That the Board of Directors approve Change Order No. 1 in the amount of $25,871.37 and 59 additional days to Environmental Construction, Inc., for construction of the Yorba Linda Blvd. Pump Station Project, Job No. 2008-17b. 7.7. Proposed Change Order No. 4 for the 2012 Waterline Replacement Phase II Project Recommendation: That the Board of Directors approve Change Order No. 4 in the amount of $75,259.22 and 31 additional days to TBU Construction Inc., for construction of the 2012 Waterline Replacement Phase II Project, Job No. 2011-20. 7.8. Declaration of Restrictive Covenants with Mr. Anthony Nardolillo - 21078 Via Diego Circle Recommendation: That the Board of Directors authorize the President and Secretary to execute a Declaration of Restrictive Covenants with Mr. Anthony Nardolillo. 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. Proposed Revision of Board of Directors Committee and Intergovernmental Meeting Assignments Recommendation: That the Board of Directors consider revising the committee and intergovernmental meeting assignments for the 2014 calendar year. 8.2. Board of Director Non-Member Attendance at Committee Meetings Recommendation: That the Board of Directors consider the options available for the proposed implementation of this policy. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report 9.2. Directors' Reports · MWDOC Water Policy Forum - February 6, 2014 (Collet / Kiley / Melton) 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 (Kiley / Collett) · Minutes of the meeting held February 10, 2014 at 4:00 p.m. (To be provided at the next regular Board meeting.) · Next meeting is scheduled to be held March 10, 2014 at 4:00 p.m. 10.2. Finance-Accounting Committee (Beverage / _____) · Minutes of the meeting held January 27, 2014 at 4:00 p.m. · Next meeting is scheduled to be held February 24, 2014 at 4:00 p.m. 10.3. Personnel-Risk Management Committee (Hawkins / Melton) · Minutes of the meeting held February 11, 2014 at 4:00 p.m. (To be provided at the next regular Board meeting.) · Next meeting is scheduled to be held March 11, 2014 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee Melton / Beverage · Minutes of the meeting held February 4, 2014 at 4:00 p.m. · Next meeting is scheduled to be held March 6, 2014 at 4:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Collett / _____) · Minutes of the meeting held February 3, 2014 at 12:00 p.m. · Next meeting is scheduled to be held March 3, 2014 at 4:00 p.m. 10.6. Organizational and Efficiency Study Ad Hoc Committee (_____ / _____) · Next meeting is yet to be scheduled. 10.7. YLWD-City of Placentia Joint Agency Committee (Beverage / Melton) · Minutes of the meeting held February 3, 2014 at 9:30 a.m. (To be provided at the next regular Board meeting.) · Next meeting is yet to be scheduled. 10.8. YLWD-City of Yorba Linda Joint Agency Committee (Kiley / Collett) · Next meeting is scheduled to be held February 25, 2014 at 6:00 p.m. 10.9. YLWD-MWDOC-OCWD Joint Agency Committee (Kiley / Beverage) · Minutes of the meeting held January 28, 2014 at 4:00 p.m. · Next meeting is scheduled to be held March 25, 2014 at 4:00 p.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. Yorba Linda LMAD CAC - January 23, 2014 (Collett) 11.2. YL Planning Commission - January 29, 2014 (Melton) 11.3. YL City Council - February 4, 2014 (Collett) 11.4. MWDOC Board - February 5, 2014 (Melton) 11.5. OCWD Board - February 5, 2014 (Collett) 11.6. WACO - February 7, 2014 (Kiley) 11.7. YL Planning Commission - February 12, 2014 (Beverage) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from February 14, 2014 - March 31, 2014 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. ACWA Small Hydro Workshop & Tour - March 21, 2014 Recommendation: That the Board of Directors authorize Director attendance at this event 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 - 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 14.3. 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 potential claim submitted on behalf of Charles Busch. Number of Potential Cases: One 14.4. Conference with Real Property Negotiators Pursuant to Section 54956.8 of the California Government Code Property: 4622 Plumosa Drive, Yorba Linda CA Agency Negotiators: Steve Conklin Negotiating Parties: To Be Determined Under Negotiation: Price and Terms of Payment 14.5. Public Employment (Recruitment) Pursuant to Section 54957 of the California Government Code Title: General Manager 14.6. Conference with Labor Negotiators (Recruitment) Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Koff & Associates, Inc. Unrepresented Employee: General Manager 15. ADJOURNMENT 15.1. The next Regular Board of Directors Meeting will be held Thursday, February 27, 2014 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District’s business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District’s internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 6.1 AGENDA REPORT Meeting Date: February 13, 2014 Subject:Citizens Advisory Committee (Kiley) · Minutes of the meeting held January 27, 2014 at 8:30 a.m. · Next meeting is scheduled to be held February 24, 2014 at 8:30 a.m. ATTACHMENTS: Name:Description:Type: 012714_-_CAC_Minutes.docx CAC Mtg Minutes 01/27/14 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING Monday, January 27, 2014 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The January 27, 2014 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 COMMITTEE MEMBERS PRESENT Daniel Mole, Chair Lindon Baker Bill Guse Modesto Llanos Rick Buck Oscar Bugarini Sr. Fred Hebein Joe Holdren YLWD DIRECTORS PRESENT YLWD STAFF PRESENT Robert R. Kiley, President Steve Conklin, Acting General Manager Damon Micalizzi, Public Information Officer 3. PUBLIC COMMENTS Mr. Mole introduced Board President Kiley as the Board’s new liaison to the Committee. 4. PRESENTATIONS 4.1. Video: Water Is Life – Committee Collaboration (Featured during the Colorado River Water Users Association’s Annual Conference.) The Committee viewed a video produced by the Colorado River Ten Tribes Partnership, featuring each of the tribes which share the river. This short documentary debuted at the the annual Colorado River Water Users Association annual conference in December. 5. DISCUSSION ITEMS 5.1. Drought and Present Status of Water Supply Mr. Conklin updated the Committee on the latest developments with the Governor’s declaration of the drought and the response from Metropolitan Water District of Southern California. Mr. Micalizzi explained that the District will be planning to keep messaging consistent, stressing water use efficiency, while reminding customers that the reliable water supplies that are present amidst the drought, come from the great foresight and investments made in Southern California to sustain these circumstances. 2 5.2. Update on OCWD Desalination Citizens Advisory Committee With Three members of the Committee applying, the Committee was informed of Orange County Water District’s recent decision to defer forming a Desalination CAC. 5.3. Update on Status of Organizational Performance Review Mr. Kiley updated the Committee on the Status of the Organizational Performance Review. Staff was instructed to send the Consultants responses to Mr. Baker’s questions to the Committee. 5.4. Future Agenda Items None. 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, February 24, 2014 at 8:30 a.m. ITEM NO. 7.1 AGENDA REPORT Meeting Date: February 13, 2014 Subject:Minutes of the Board of Directors Regular Meeting held January 9, 2014 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 010914_BOD_-_Minutes.doc BOD Mtg Minutes 01/09/14 Minutes Approved by the Board of Directors of the Yorba Linda Water District 2/13/2014 RC/PH 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, January 9, 2014, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The January 9, 2014 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Kiley 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 Kiley led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Robert R. Kiley, President Steve Conklin, Acting General Manager Ric Collett, Vice President John DeCriscio, Operations Manager Michael J. Beverage Gina Knight, Human Resources/Risk Manager Phil Hawkins Delia Lugo, Finance Manager Gary T. Melton Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Damon Micalizzi, Public Information Officer ALSO PRESENT Gene Hernandez, Mayor Pro Tem, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Conklin requested to add the following item to the agenda as there was a need to take immediate action on the item and the need for action came to staff’s attention subsequent to the agenda being posted. He further explained that staff had received notice from the County on Monday that the review period for the EIR was being extended from January 7 to January 22, 2013. Even though the draft response was reviewed by the Planning-Engineering-Operations Committee, staff thought it would be appropriate to bring it to the Board for consideration as the original deadline had been prolonged. 7.2. Response to Draft EIR for Cielo Vista Development Project Director Beverage made a motion, seconded by Director Collett, to add Item No. 7.2. to the agenda. Motion passed 5-0. 5. PUBLIC COMMENTS None. 2 6. 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 December 12, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $618,447.88. 7. ACTION CALENDAR 7.1. Revised Board of Directors Committee Assignments Mr. Conklin explained that following approval of the Directors committee and intergovernmental meeting assignments at the last Board meeting, some revisions had been requested. President Kiley stated that he had made an effort to rotate the assignments while trying to accommodate everyone’s preferences. Director Melton stated that he would like to make a motion to approve the committee and intergovernmental meeting assignments with the exception of the OCSD assignment. He explained that the District did not currently have a seat on the OCSD Board and that if and when that did happen, he thought a different process should be discussed and utilized by the Board to make that assignment as it was the only one that would be compensated from an outside agency. Director Beverage noted that the first 5 standing committees on the list represented each of the Districts departments and that historically, each of the 5 Directors were assigned to 2 standing committees. In the revised assignment list, Director Hawkins is assigned to 3 standing committees while Director Collet is assigned to 1. Director Hawkins clarified that it was Director Kiley that was assigned to 1 committee. Director Beverage asked that this be addressed. Director Hawkins suggested that since he had served on the Finance- Accounting Committee for the last 2 years, that he not serve on that committee for a 3rd consecutive time. Director Melton suggested that Director Kiley be assigned to this committee in Director Hawkins’ place. President Kiley stated that he agreed with the Directors’ comments regarding the OCSD assignment. He suggested that it would be helpful to have a Board member serve as a liaison and attend the OCSD meetings as an observer in preparation for the possibility of the District obtaining a seat on their Board. 3 Director Hawkins suggested that it if looked like the District was going to be successful in obtaining a seat on the OCSD Board; a Director could be assigned to attend their meetings as an observer a few months before it became official. Director Kiley stated that the OCSD assignment would be omitted at this time. Director Melton made a motion, seconded by Director Hawkins, to approve the revised committee and intergovernmental meeting assignments for the 2014 calendar year. Motion carried 5-0. 7.2. Response to Draft EIR for Cielo Vista Development Project Mr. Conklin explained that the public comment period for the draft EIR for this project had been extended from January 7 to January 22, 2014. Staff prepared a draft response that was previously reviewed by the Planning- Engineering-Operations Committee. Mr. Conklin further explained that he and President Kiley had met with Supervisor Spitzer to review the District’s comments on the EIR and that he would be attending another meeting at the County to further discuss this project. Mr. Conklin then responded to questions from the Board regarding the draft response. Director Beverage made a motion, seconded by Director Hawkins, to approve the comment letter as drafted and direct staff to send it to the County. Motion carried 5-0. 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President’s Report President Kiley did not have any comments at this time. 8.2. Directors’ Report Director Beverage asked about the rearrangement of the Directors’ seats at the beginning of the last Board meeting. Following brief discussion, it was suggested that the Directors’ seats not be switched until after the annual election of officers. 8.3. Acting General Manager’s Report Mr. Conklin reported on the status of the following: the District’s annexation to OCWD; the proposed Cielo Vista and Esperanza Hills development projects; the Poseidon Huntington Beach Ocean Desal project; construction work on the 2012 pipeline replacement and Yorba Linda booster pump station projects; and the AMP shutdown. He further stated that he had been forwarded a notice from Director Hawkins regarding a public information meeting to be hosted by the developer for the Esperanza Hills project scheduled the following week. Director Hawkins asked if he would need to recuse himself from voting on the District’s response to the draft EIR for the Esperanza Hills development project as he lived nearby. Mr. Kidman responded that he 4 would be able to advise Director Hawkins regarding this matter after conducting additional research. Mr. Conklin noted that representatives from the City of Yorba Linda would not be in attendance at the meeting with the County regarding the Cielo Vista development project. Mayor Pro Tem Hernandez responded that the Council had opted not to have representation at this meeting. Mr. DeCriscio then reported on staff’s preparations for the AMP shutdown and average water demands. 8.4. General Counsel’s Report Mr. Kidman stated that there was no need for a Closed Session and commented on the proposed consolidation of MWDOC and OCWD and how it related to the District’s annexation to OCWD. 8.5. Future Agenda Items and Staff Tasks None. 9. COMMITTEE REPORTS 9.1. Executive-Administrative-Organizational Committee Next meeting is scheduled to be held January 13, 2014 at 4:00 p.m. 9.2. Finance-Accounting Committee Next meeting is scheduled to be held January 27, 2014 at 4:00 p.m. 9.3. Personnel-Risk Management Committee Next meeting is scheduled to be held January 14, 2014 at 4:00 p.m. 9.4. Planning-Engineering-Operations Committee Minutes of the meeting held January 6, 2014 at 12:30 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled to be held February 6, 2014 at 4:00 p.m. (This meeting was subsequently rescheduled to February 4, 2013 at 4:00 p.m.) 9.5. Public Affairs-Communications-Technology Committee Minutes of the meeting held January 6, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled to be held February 3, 2014 at 4:00 p.m. 5 9.6. Organizational and Efficiency Study Ad Hoc Committee Next meeting to be scheduled. 9.7. YLWD-City of Placentia Joint Agency Committee Next meeting to be scheduled. (The next meeting was subsequently scheduled to be held February 3, 2014 at 9:30 a.m.) 9.8. YLWD-City of Yorba Linda Joint Agency Committee Meeting to be scheduled. 9.9. YLWD-MWDOC-OCWD Joint Agency Committee Next meeting is scheduled to be held January 28, 2014 at 4:00 p.m. 9.10. Citizens Advisory Committee Minutes of the meeting held December 16, 2013 at 8:30 a.m. were provided in the agenda packet. Next meeting is scheduled to be held January 27, 2014 at 8:30 a.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. YL City Council – January 7, 2014 (Collett) Director Collett attended and noted the number of public comments made regarding the recall petitions and the scheduling of a workshop meeting between the City Council and the LMCAC. Following a lengthy discussion, the Council determined not to conduct a workshop meeting with the LMCAC at this time. Also discussed was the proposed revision to the City Council’s agenda format in relation to public comments. Mr. Conklin noted that the next LMCAC meeting was scheduled to be held at the District’s offices later this evening. 10.2. OCWD Board – January 8, 2014 (Collett) Director Collett attended and reported that the majority of the meeting consisted of a discussion regarding the proposed Poseidon Resources Huntington Beach Ocean Desalination Project. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from January 10, 2014 – February 28, 2014 The Board reviewed the activity calendar and made no changes. 6 12. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 12.1. MWDOC Water Policy Forum & Dinner – February 6, 2014 Directors Collett, Hawkins and Melton expressed an interest in attending this event. Director Kiley made a motion, seconded by Director Hawkins, to authorize Director attendance at this event if desired. Motion carried 5-0. (There was no Closed Session held during this meeting.) 13. CLOSED SESSION 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 7 14. ADJOURNMENT 14.1. The meeting was adjourned at 9:10 a.m. The next Regular Board of Directors Meeting will be held Thursday, January 23, 2014 at 8:30 a.m. Steven R. Conklin Board Secretary ITEM NO. 7.2 AGENDA REPORT Meeting Date: February 13, 2014 Subject:Minutes of the Board of Directors Regular Meeting held January 23, 2014 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 012314_BOD_-_Minutes.doc BOD Mtg Minutes 01/23/14 Minutes Approved by the Board of Directors of the Yorba Linda Water District 2/13/2014 RC/PH 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, January 23, 2014, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The January 23, 2014 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Kiley 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 Kiley led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Robert R. Kiley, President Steve Conklin, Acting General Manager Ric Collett, Vice President John DeCriscio, Operations Manager Michael J. Beverage Gina Knight, Human Resources/Risk Manager Gary T. Melton Delia Lugo, Finance Manager Art Vega, Acting IT Manager DIRECTORS ABSENT Annie Alexander, Executive Secretary Phil Hawkins Damon Micalizzi, Public Information Officer ALSO PRESENT Brett Barbre, Director, MWDSC and MWDOC Gene Hernandez, Mayor Pro Tem, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP Heather Stratman, Senior Director, Townsend Public Affairs, Inc. 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Conklin requested to remove Item No. 7.1. from the agenda and bring it back when a full complement of the Board was in attendance. Director Beverage requested to remove Item No. 7.2. for the same reason. Director Melton made a motion, seconded by Director Beverage, to remove Item Nos. 7.1. and 7.2. from the agenda. Motion carried 4-0-1 with Director Hawkins being absent. 5. PUBLIC COMMENTS None. 2 6. CONSENT CALENDAR Director Melton made a motion, seconded by Director Beverage, to approve the Consent Calendar. Motion carried 4-0-1 with Director Hawkins being absent. 6.1. Minutes of the Board of Directors Special Meeting held December 19, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Minutes of the Board of Directors Regular Meeting held December 23, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 6.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,219,404.34. 6.4. Progress Payment No. 9 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 9 in the net amount of $103,705.23 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008- 17B. 6.5. Proposed Extension of Professional Services Agreement with Townsend Public Affairs Recommendation: That the Board of Directors extend the Professional Services Agreement with Townsend Public Affairs through June 30, 2014 at a fee of $5,000 per month. 7. ACTION CALENDAR Item Nos. 7.1. and 7.2. were removed from the agenda. 7.1. Proposed Revision of Board of Directors Committee and Intergovernmental Meeting Assignments Recommendation: That the Board of Directors consider revising the committee and intergovernmental meeting assignments for the 2014 calendar year. 3 7.2. Board of Director Non-Member Attendance at Committee Meetings Recommendation: That the Board of Directors consider the options available for implementation of this proposed policy and provide direction to staff. 7.3. Agreement for Placentia and YLWD Turf Replacement Demonstration Project Mr. Conklin explained that the YLWD/City of Placentia Committee had been discussing participation in a joint turf replacement demonstration project. The proposed project would involve the replacement of existing turf with artificial turf on 3 median islands within the City. The total cost of the project is approximately $58,000. The District plans to advance the City’s half which would then be repaid over 5 years in equal annual installments. The project may also qualify for MWDOC’s turf removal program which could provide an estimated $8,000 rebate. Mr. Conklin then responded to questions from the Board regarding maintenance for the turf, signage for the project, and potential replacement of the remaining landscape features. Director Melton made a motion, seconded by Director Collett, to approve the Cooperative Agreement for the City of Placentia and the Yorba Linda Water District Turf Replacement Demonstration Project at an estimated cost of $58,000. Motion carried 4-0-1 with Director Hawkins being absent. 7.4. Response to Draft EIR for Esperanza Hills Development Project Mr. Conklin explained that staff had prepared a response to the draft EIR for this project. Once approved, it will need to be submitted to the County by February 4, 2014. Director Collett made a motion, seconded by Director Beverage, to approve the letter titled Response to Draft EIR for Esperanza Hills Development Project, to be completed and submitted to the County by February 4, 2014. Motion carried 4-0-1 with Director Hawkins being absent. 8. DISCUSSION ITEMS 8.1. Status of Efforts to Obtain SDLF District of Distinction Accreditation Mr. Conklin provided a brief overview of the status of efforts to obtain this accreditation. He explained that staff was currently working on updating the District’s policies and suggested that this effort be completed in-house. The Board then briefly discussed the required governance training. 4 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President’s Report CASA Winter Conference – January 15-17, 2014 (Kiley) President Kiley attended and commented on various bioenergy issues that were discussed during the event. 9.2. Directors’ Report No comments were provided at this time. 9.3. Acting General Manager’s Report Mr. Conklin noted that the Allen-McCulloch Pipeline (AMP) shutdown was now complete and briefly commented on Governor Brown’s recent drought declaration. Director Barbre addressed the Board and remarked on efforts related to the AMP shutdown and the current water supply situation. Mr. Conklin continued his report and commented on the status of the proposed Cielo Vista and Esperanza Hills development projects, construction on the 2012 pipeline replacement and Yorba Linda booster station projects, and the drilling of Well 21. Mr. Conklin further stated that staff had begun preparations for the next budget cycle and that 2 dates had been tentatively selected for the workshop meetings. Mr. DeCriscio then provided the Board with a report on staff’s efforts and water demands during the AMP shutdown. He also stated that staff had recently responded to a break in a 6” cast iron line. 9.4. General Counsel’s Report Mr. Kidman noted that he had spent some time researching the question posed by Director Hawkins during the last regular meeting. He found that Director Hawkins would have needed to recuse himself from voting on the District’s response to the draft EIR for the Esperanza Hills development as he lived within 500 feet of the proposed project. Mr. Kidman stated that he would finalize his findings in a memo shortly. 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee Kiley / Collett Minutes of the meeting held January 13, 2014 at 4:00 p.m. were provided in the agenda packet. 5 Next meeting is scheduled to be held February 10, 2014 at 4:00 p.m. 10.2. Finance-Accounting Committee Beverage / __________ Next meeting is scheduled to be held January 27, 2014 at 4:00 p.m. 10.3. Personnel-Risk Management Committee Hawkins / Melton Minutes of the meeting held January 14, 2014 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled to be held February 11, 2014 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee Melton / Beverage Minutes of the meeting held January 6, 2014 at 12:30 p.m. were provided in the agenda packet. Next meeting is scheduled to be held February 4, 2013 at 4:00 p.m. 10.5. Public Affairs-Communications-Technology Committee Collett / Hawkins Minutes of the meeting held January 6, 2014 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled to be held February 3, 2014 at 4:00 p.m. 10.6. Organizational and Efficiency Study Ad Hoc Committee __________ / __________ Next meeting to be scheduled. 10.7. YLWD-City of Placentia Joint Agency Committee Beverage / Melton Next meeting is scheduled to be held February 3, 2014 at 9:30 a.m. 10.8. YLWD-City of Yorba Linda Joint Agency Committee Kiley / Collett Next meeting is scheduled to be held February 25, 2015 at 4:00 p.m. 6 10.9. YLWD-MWDOC-OCWD Joint Agency Committee Kiley / Beverage Next meeting is scheduled to be held January 28, 2014 at 4:00 p.m. 10.10. Citizens Advisory Committee Kiley Next meeting is scheduled to be held January 27, 2014 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. Yorba Linda LMAD CAC – January 9, 2014 (Beverage) Director Beverage attended and noted that the meeting had been held at the District’s facilities. He reported that the Committee had discussed preparations for the Council-LMCAC workshop meeting which has since been cancelled. The Committee also selected Willdan Engineering to prepare the 2014/15 Engineer’s Report for the annual levy of street lighting and landscape maintenance district services. 11.2. WACO – January 10, 2014 (Kiley/Hawkins) Director Kiley attended and commented on two of the presentations provided during the program. One was presented by the Santa Ana Regional Water Quality Control Board and the other by the UC Center for Hydrologic Modeling. 11.3. MWDOC Board – January 15, 2014 (Melton) Director Melton attended and commented on the Governor’s drought declaration and the AMP shutdown which were discussed during the meeting. 11.4. YL Planning Commission – January 15, 2014 (Beverage) Director Beverage attended and commented on public hearings related to two proposed housing developments (one with 80 units and the other 18) which took place during the meeting. 11.5. YL City Council – January 21, 2014 (Kiley) Director Kiley attended and noted that the ribbon cutting ceremony for the new Orange County Sheriff’s police services facility will be held January 30, 2014. 11.6. OCWD Board – January 22, 2014 (Collett) Director Collett attended and reported that the Fullerton City Council had appointed Councilmember Jan Flory to serve as its representative on the OCWD Board. 7 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from January 24, 2014 – February 28, 2014 The Board reviewed the activity calendar and made no changes. 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 13.1. WEF Lower Colorado River Tour – February 26-28, 2014 No Directors expressed an interest in attending this event. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 9:40 a.m. All Directors were present with the exception of Director Hawkins. Also present were Mrs. Knight and Messrs. Conklin, Kidman and Beltran. 14.1. Conference with Legal Counsel – Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: 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 8 14.5. Conference with Real Property Negotiators Pursuant to Section 54956.8 of the California Government Code Property: 4622 Plumosa Drive, Yorba Linda CA Agency Negotiators: Steve Conklin Negotiating Parties: To Be Determined Under Negotiation: Price and Terms of Payment The Board reconvened in Open Session at 9:57 a.m. President Kiley announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 15. ADJOURNMENT 15.1. The meeting was adjourned at 9:58 a.m. A Special Board of Directors Meeting will be held Thursday, January 30, 2014 at 1:30 p.m. The next Regular Board of Directors Meeting will be held Thursday, February 13, 2014 at 8:30 a.m. Steven R. Conklin Board Secretary ITEM NO. 7.3 AGENDA REPORT Meeting Date: February 13, 2014 Subject:Minutes of the Board of Directors Regular Meeting held January 30, 2014 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 013014_BOD_-_Minutes.doc BOD Mtg Minutes 01/30/14 Minutes Approved by the Board of Directors of the Yorba Linda Water District 2/13/2014 RC/PH 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, January 30, 2014, 1:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The January 30, 2014 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Kiley at 1:30 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 Kiley led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Robert R. Kiley, President Annie Alexander, Executive Secretary Ric Collett, Vice President Michael J. Beverage Phil Hawkins Gary T. Melton ALSO PRESENT Eddy Beltran, Senior Counsel, Kidman Law LLP Georg Krammer, Chief Executive Officer, Koff & Associates, Inc. 4. PUBLIC COMMENTS None. 5. ACTION CALENDAR 5.1. Identification of Agency Designated Representative(s) for Labor Negotiations Related to General Manager Recruitment Mr. Beltran explained that this matter was a one-time procedural requirement associated with Item No. 6.2. and that the Board needed to select and identify an agent to represent the District during labor negotiations related to the recruitment for the position of General Manager. Mr. Beltran then responded to questions from the Board in regards to the option of naming Koff & Associates as the District’s designated representative versus identifying a specific individual from Koff & Associates. Mr. Beltran advised the Board that they could name Koff & Associates as the agency’s designated representative. 2 Director Collett made a motion, seconded by Director Beverage, to select Koff & Associates as the District’s designated representative for labor negotiations related to the recruitment for the position of General Manager. Motion carried 5-0. The meeting was adjourned to Closed Session at 1:35 p.m. Ms. Alexander left the meeting at this time. 6. CLOSED SESSION All Directors were present. Also present were Messrs. Beltran and Krammer. 6.1. Public Employment Pursuant to Section 54957 of the California Government Code Title: General Manager 6.2. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Koff & Associates, Inc. Unrepresented Employee: General Manager The Board reconvened in Open Session at 3:15 p.m. President Kiley announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 7. ADJOURNMENT 7.1. The meeting was adjourned at 3:15 p.m. The next Regular Board of Directors Meeting will be held Thursday, February 13, 2014 at 8:30 a.m. Annie Alexander Assistant Board Secretary ITEM NO. 7.4 AGENDA REPORT Meeting Date: February 13, 2014 Budgeted:Yes To:Board of Directors Cost Estimate:$2,300,338.45 Funding Source:All Funds From:Steve Conklin, Acting General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Reviewed by Legal:N/A Prepared By:Richard Cabadas, Accounting Assistant I CEQA Compliance:N/A Subject:Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $2,300,338.45. DISCUSSION: The major items and wire on this disbursement list are as follows: A wire of $1,566,425.12 to Orange County Water District for Replenishment Assessment for July 2013 – December 2013; and a check of $100,623.55 to ACWA/JPIA for February's 2014 Medical and Dental premium. The balance of $169,547.06 is routine invoices. The Accounts Payable check register total is $1,836,595.73, Payroll No. 02 total is $228,854.21, Payroll No. 03 total is $234,888.51; and the total disbursements of this agenda report are $2,300,338.45. A summary of the checks is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Name:Description:Type: 14-CS_0213.pdf CAP SHEET Backup Material CkReg021314.pdf CHECK REGISTER Backup Material 14_CC_0213.pdf CREDIT CARD SUMMARY Backup Material Approved by the Board of Directors of the Yorba Linda Water District 2/13/2014 RC/PH 5-0 RC abstained from voting on this item as he has a financial interest with one of the vendors. . February 13, 2014 CHECK NUMBERS: Computer Checks 62809—62904 270,170.61 ___________ 270,170.61 WIRES: W 013014 ORANGE CTY WTR DIST 1,566,425.12 ____________ 1,836,595.73 TOTAL OF CHECKS & WIRES $1,836,595.73 PAYROLL NO. 02: Direct Deposits $ 144,703.77 Third Party Checks 5766—5777 $ 46,325.95 Payroll Taxes $ 37,824.49 228,854.21 PAYROLL NO. 03: Direct Deposits $ 152,586.89 Third Party Checks 5779—5786 $ 41,889.30 Payroll Taxes $ 40,412.32 234,888.51 TOTAL OF PAYROLL $463,742.72 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $2,300,338.45 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF February 13, 2014 ==================================================================. Check No.Date Vendor Name Amount Description 62816 02/13/2014 ABC MAXWELL 357.89 CUSTOMER REFUND 62824 02/13/2014 ACWA/JPIA 100,623.55 MEDICAL & DENTAL PREM - FEB'14 62825 02/13/2014 Aqua-Metric Sales Co.1,620.00 WAREHOUSE STOCK 62826 02/13/2014 Aramark 1,809.27 UNIFORM SERVICE 62828 02/13/2014 AT & T 46.04 ATT COMMUNICATION 62827 02/13/2014 AT & T - Calnet2 3,106.22 ATT COMM- 7147775705614 62829 02/13/2014 Autoscribe Corporation 539.50 TRX/PMT VISION GATEWAY - JAN14 62830 02/13/2014 AWWA 244.00 AWWA MEMBERSHIP 62831 02/13/2014 Bush & Associates Inc 4,700.00 J2013-20 - LAND SURVEYORS 62837 02/13/2014 C & L Refrigeration Corp.1,494.52 SVC - REPLACED BROILERS VALVES 62832 02/13/2014 CalCard US Bank 15,491.03 CC TRANSACTIONS FOR DEC '13 & JAN'14 62833 02/13/2014 Chambers Group Inc.3,864.54 HIDDEN HILLS RESERVOIR - DEC13 62818 02/13/2014 CHRISTINA DREWETT 69.35 CUSTOMER REFUND 62817 02/13/2014 CHRISTINA HARVEY 61.74 CUSTOMER REFUND 62834 02/13/2014 City Of Anaheim 16,140.11 RICHFIELD LID 243052 DECEMBER 62835 02/13/2014 City Of Placentia 253.25 ENCROACHMENT PERMIT 62836 02/13/2014 Clinical Lab. Of San Bern.1,490.00 LABORATORY - SAMPLE TESTING 62838 02/13/2014 Coastal Ignition & Controls 3,853.20 ENGINE MAINTENANCE & REPAIR 62839 02/13/2014 Coastline Equipment 83.79 HANDLE - UNIT 145 62878 02/13/2014 County of Orange 864.85 WASTE & RECYCLING 62879 02/13/2014 County of Orange 1,164.00 WELL DISCHARGE - PERMIT RNWL 62840 02/13/2014 Culligan of Santa Ana 25.65 PE 14" TANK - TRANS. FEE 62810 02/13/2014 DAN KELLEY 51.85 CUSTOMER REFUND 62841 02/13/2014 Datalok Orange County 50.20 STORAGE - FEBRUARY 2014 62846 02/13/2014 Dean Criske Trucking 938.10 SAND - 24.48 TONS 62812 02/13/2014 DENISE JOHNSON 40.98 CUSTOMER REFUND 62842 02/13/2014 Derek Nguyen 163.04 TRAVEL EXP. MI. REIMBURSEMENT 62819 02/13/2014 DIANE SEGURA 108.84 CUSTOMER REFUND 62843 02/13/2014 Dick's Lock & Safe Inc.139.02 (6) AMERICAN A1205 LOCK CYL 62844 02/13/2014 DME Incorporated 2,440.51 PARTS FOR HIGHLAND - UNIT #1 62845 02/13/2014 Doran Business Products 18.56 CALENDAR, WALL - AAGPM328 62847 02/13/2014 Eisel Enterprises, Inc.1,012.50 J2004-28 - METER, LID, COVER 62848 02/13/2014 Equarius Waterworks 10,536.48 WAREHOUSE STOCK 62820 02/13/2014 EUNYOUNG JEON 36.01 CUSTOMER REFUND 62849 02/13/2014 Fairway Ford Sales, Inc.64.69 HANDLE - UNIT 178 62850 02/13/2014 Federal Express 50.53 POSTAGE & DELIVERY 62851 02/13/2014 Fleet Services, Inc 171.30 VALVE - UNIT 154 62852 02/13/2014 Fry's Electronics 338.97 IT HARDWARE 62853 02/13/2014 Fuller Truck Accessories 1,582.11 ALL PURP. CHEST-UNIT 200 & 201 62854 02/13/2014 Golden Bell Products 205.20 ISO 15A14 62855 02/13/2014 Grandpoint Bank 7,457.28 J2008-17B - RETENTION #3 62856 02/13/2014 Graybar Electric Co 4,002.09 BMXCPS3020 - 24TO48 VDC PWR 62857 02/13/2014 Haaker Equipment Co.722.22 MAIN CONNECTOR & CABLE SPRING 62858 02/13/2014 Hall & Foreman, Inc 270.00 J2013-15 - PROJ. ENG./SURVEYOR 62859 02/13/2014 Hi-Tech Security Solutions 160.00 SERVICE TO VISTA40 L59853 62860 02/13/2014 Infosend Inc.6,191.34 BILL MAILING 62861 02/13/2014 ISDOC (Independent Special Dist OC)200.00 ISDOC MEMBERSHIP 62862 02/13/2014 Jackson's Auto Supply - Napa 661.37 AUTOMOBILE PARTS 62813 02/13/2014 JIM MARTIN 61.95 CUSTOMER REFUND 62863 02/13/2014 John Bogosian 370.22 SHOP EQUIPMENT 62864 02/13/2014 Kimball Midwest 192.62 BRASS FIT, GRINDER, LUBRICANT 62904 02/13/2014 Konica Minolta Business 20.50 COPIES OVERAGES 62865 02/13/2014 Liebert Cassidy Whitmore 2,550.85 LEGAL SERVICES` 62814 02/13/2014 MALCOLM BROWN 62.73 CUSTOMER REFUND 62867 02/13/2014 Mc Fadden-Dale Hardware 226.86 HARDWARE SUPPLIES 62868 02/13/2014 Mc Master-Carr Supply Co.96.62 WAREHOUSE SUPPLIES 62869 02/13/2014 MCR Technologies Inc.926.59 KPSI SUBMERSIBLE LVL TRANSDUCE 62870 02/13/2014 Minuteman Press 486.01 METER SLIPS 62871 02/13/2014 MR2 Solutions Inc 374.89 POWERCONNECT 3524 - 24 PORT Yorba Linda Water District Check Register For Checks Dated: 1/24/2014 thru 02/13/2014 62872 02/13/2014 Murcal, Inc.517.80 SVC CALL - CHK ENG PANEL - W18 62873 02/13/2014 Muzak LLC 73.74 MUZAK SERVICE - FEB 2014 62822 02/13/2014 NATIONAL CORPORATE HOUSING 431.22 CUSTOMER REFUND 62874 02/13/2014 Nickey Kard Lock Inc 5,409.29 FUEL - FLEET VEHICLES 62811 02/13/2014 NICOLAS MITCHELL 163.32 CUSTOMER REFUND 62875 02/13/2014 Office Solutions 133.95 OFFICE SUPPLIES 62876 02/13/2014 Orange County - Fire Authority 353.00 M150 & AP21R PERMITS 62877 02/13/2014 Orange County Water District 5,685.52 ANNEX EIR SVCS & FEES W013014 01/30/2014 Orange County Water District 1,566,425.12 REPLENISH ASSES - JULY-DEC2013 62880 02/13/2014 Orvac Electronics 102.03 TOOLS AND EQUIPMENT 62881 02/13/2014 OUR FIRST AID COMPANY 46.39 FIRST AID 62882 02/13/2014 PASMA 75.00 PASMA - MEMBERSHIP 62898 02/13/2014 Petty Cash 370.00 PETTY CASH 62883 02/13/2014 Placentia Chamber Of Commerce 415.00 ANNUAL MEMBERSHIP 2014 62884 02/13/2014 Powerstride Battery 712.54 6 VOLT BATTERY 62885 02/13/2014 Prudential Group Insurance 7,288.01 INSURANCE - LIFE/ADD/LT&ST DIS 62886 02/13/2014 Quinn Power Systems Associates 2,513.46 ENGINE MAINT. - FAIRMONT #1 62888 02/13/2014 R J Services, Inc 240.00 TROUBLESHOOT ISSUE WITH FAN 62887 02/13/2014 R.J. Noble Company 11,850.00 ADJ. YL SEWER & CLEAN OUT 62889 02/13/2014 RMJ Technologies 25.00 TRANSFER FEE 62890 02/13/2014 Robert Kiley 381.42 TRAVEL REIMBURSEMENT 62821 02/13/2014 ROY ALLAN SLURRY SEAL INC 1,016.94 CUSTOMER REFUND 62891 02/13/2014 SHELF MASTER 1,284.24 PAIR FOLDING GATES & ASSEMBLY 62815 02/13/2014 SHIRLEY ESPIQUE 74.74 CUSTOMER REFUND 62892 02/13/2014 Shred-It USA Inc 88.70 SHRED - ONSITE - 01/09/14 62893 02/13/2014 Southern Calif Edison Co.367.69 SCE - ACCT 6115 - JAN. 14 62894 02/13/2014 Southern Calif Gas Co.17,822.69 47004 - FAIRMONT BLVD - 01/14 62895 02/13/2014 Specialized Cleaning 848.00 GRAFFITI REMOVAL - RICHFIELD 62896 02/13/2014 Staples Business Advantage 178.53 OFFICE SUPPLIES 62897 02/13/2014 Step Saver Inc 1,554.77 COURSE SALT - BOOSTER STATION 62899 02/13/2014 Sunrise Medical Group 68.62 EST. PATIENT - LVL 3 62866 02/13/2014 The Lighthouse Inc.337.89 LED LIGHT & BRACKET - UNIT 201 62900 02/13/2014 Time Warner Cable 1,119.37 BCF FIBER INET 62901 02/13/2014 Townsend Public Affairs, Inc.5,000.00 CONSULTING SVC - JANUARY 2014 62902 02/13/2014 United Industries 714.12 PPE EQUIPMENT 62903 02/13/2014 West Coast Safety Supply Co 1,930.33 INSERT CUT 25" TO 25-1/8" 62809 02/13/2014 William Taraschi 11.64 CUSTOMER REFUND 62823 02/13/2014 YUNER CAI 80.12 CUSTOMER REFUND 1,836,595.73 Date Vendor Name Amount Description 12/09/13 RENAISSANCE ESMERALDA 457.20 LODGING FOR DIR. KILEY CASA WINTER CONFERENCE 12/09/13 JW MARRIOT 573.99 LODGING FOR DIR. KILEY ACWA CONFERENCE 12/16/13 HILTON PALM SPRINGS 166.71 LODGING FOR DIRECTOR KILEY FOR UWI SPRING CONF. 12/18/13 PLACENTIA DISPOSAL 500.48 DISPOSAL SERVICE - 2 FRONTLOADS 12/18/13 ANSWER ONE COMMUNICATIONS 600.20 ANSWERING SERVICE - DECEMBER 2013 01/06/14 USA BLUE BOOK 208.22 FILTER FOR CL2 SYSTEM 01/09/14 HOME DEPOT 95.96 MISC SEWER & LANDSCAPE SUPPLIES 01/13/14 JACK X CHANGE 1,913.04 MECH SHOP EQUIPMENT 01/13/14 PRAXAIR 126.71 WELDING SUPPLIES 01/13/14 SANSPOT 249.29 LIGHT ARMORED FIBER CABLE 01/13/14 INLAND LITHO 4,231.41 POSTAGE FOR WINTER NEWSLETTER 01/14/14 HARRINGTON 47.95 CL2 PARTS 01/14/14 AMAZON 35.64 DELL AX510 SOUND BAR 01/15/14 ORCHARD 31.28 MISC SUPPLIES 01/15/14 NPELRA 350.00 KNIGHT & CLOONAN 2014 MEMBERSHIP 01/16/14 PRAXAIR 37.07 WELDING SUPPLIES 01/16/14 TARGET 82.80 WQ COOLERS 01/17/14 WEST COAST SAFETY 137.80 6' REPLACEMENT CHAIN 01/20/14 HOME DEPOT 56.64 RENTAL EQUIPMENT - SEWER TOILET SNAKE 01/20/14 USA BLUE BOOK 214.44 TRANSFER NOZZLES FOR TANK SHARK SYSTEM 01/20/14 SOLARWINDS INC.790.00 ENGINEERS TOOL SET - RENEWAL 01/21/14 CALOLYMPIC 95.00 SERVICE TO GAS DETECTOR 01/21/14 LIGHT BULBS 137.55 LIGHT BULBS FOR RICHFIELD HALLWAYS 01/21/14 PLACENTIA DISPOSAL 500.48 DISPOSAL SERVICE - 2 FRONTLOADS 01/21/14 ONLINE INFORMATION SERVICES 414.35 ONLINE COLLECTIONS - DECEMBER 2013 01/21/14 ANSWER ONE COMMUNICATIONS 709.02 ANSWERING SERVICE - NOVEMBER 2014 01/21/14 CITY OF ANAHEIM 2,000.00 INSPECTION & ADMINISTRATIVE FEE - DEPOSIT J2011-20 01/23/14 C.WELLS 294.30 3/4" CORP STOP - MULLER 01/23/14 VILLAGE NURSERIES 433.50 SOD FOR LANDSCAPE REPAIRS TOTAL 15,491.03 Cal Card Credit Card U S Bank 12/09/13-1/23/14 ITEM NO. 7.5 AGENDA REPORT Meeting Date: February 13, 2014 To:Board of Directors From:Steve Conklin, Acting General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Prepared By:Delia Lugo, Finance Manager Subject:Investment Report for Period Ending December 31, 2013 SUMMARY: Government Code Section 53607, et, seq., requires the person delegated to invest funds to make a quarterly report of investments to the legislative body. STAFF RECOMMENDATION: That the Board of Director's receive and file the Investment Report for the Period Ending December 31, 2013. COMMITTEE RECOMMENDATION: The Finance-Accounting Committee discussed this item at its meeting held January 27, 2014 and supports the staff's recommendation. DISCUSSION: Staff is submitting the Investment Report for the Period Ending December 2013 for your review and approval. This report ends the second quarter of FY 2013/14. The Investment Portfolio Report presents the market value and the percent yield for all the District investments by institution. The Investment Summary Report includes budget and actual interest, average term portfolio information, and market value broken out by reserve categories. The total average portfolio yield for the month for December 2013 was 0.63%. 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 ATTACHMENTS: Name:Description:Type: Invst_Rpt_12-13.xlsx Investment Report for Period Ending December 2013 Backup Material Invst_Agenda_Backup_-_December_2013.xlsx Investment Summary Report - December 2013 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 2/13/2014 RC/PH 5-0 Market %Date ofPercent Value Par of Total Institution Maturity Yield Checking Account: 263,149$ 263,149$ Wells Fargo Bank 37,696 37,696 Pershing 300,845$ 300,845$ 1.42%Total 0.00% Money Market Accounts: 54,964$ 54,964$ Wells Fargo Money Market0.03% 26,301 26,301 US Bank (Revenue Bonds)0.03% 7,637,493 7,637,493 Bank of the West0.29% 7,718,758$ 7,718,758$ 36.44%Total 0.29% Federal Agency Securities: 481,655$ 500,000$ Fannie Mae05/25/181.16% 484,855 500,000 Federal Home Loan Bank06/12/181.03% 491,325 500,000 Fannie Mae06/12/180.81% 486,570 500,000 Federal Home Loan Bank06/13/181.13% 486,830 500,000 Federal Home Loan Bank06/20/181.15% 2,125,681 2,115,000 Federal Home Loan Bank05/28/141.37% 4,556,916$ 4,615,000$ 21.51%Total 1.20% Certificates of Deposits: 242,122$ 248,000$ CIT Bank, Salt Lake05/22/181.22% 241,917 248,000 Discover05/22/181.23% 242,321 248,000 Goldman Sachs Bank05/22/181.22% 242,182 248,000 Beal Bank05/23/181.02% 243,655 248,000 Wells Fargo04/27/180.91% 240,222 247,000 Barclays Bank04/30/180.71% 242,951 248,000 State Bank of India05/14/181.17% 244,045 249,000 Webster Bank05/03/180.91% 242,098 248,000 American Express Centurion Bank 05/23/18 1.22% Yorba Linda Water District Investment Portfolio Report December 31, 2013 242,098 248,000 American Express Centurion Bank 05/23/18 1.22% 239,940 248,000 GE Capital Bank05/24/181.13% 246,535 249,000 Merrick Bank05/24/170.75% 245,560 248,000 BMW Bank05/24/170.90% 247,429 249,000 Firstbank Puerto Rico05/24/160.75% 243,051 249,000 Oriental Bank & Trust05/29/181.07% 243,131 249,000 Silvergate Bank05/30/181.02% 243,029 249,000 Enterprise Bank & TR Co Lowell05/30/181.02% 243,026 249,000 Safra National Bank05/31/181.02% 242,063 248,000 Townebank Portsmouth05/31/181.02% 243,046 249,000 Mascona Savings Bank05/29/181.02% 4,618,323$ 4,719,000$ 21.80%Total 0.80% Pooled Investment Accounts: 2,216,600$ 2,216,600$ Local Agency Investment Fund0.26% 1,770,801 1,775,049 CalTRUST Short and Medium Term0.70% 3,987,401$ 3,991,649$ 18.82%0.46% 21,182,242$ 21,345,252$ 100%Total Investments 0.63% Per Government Code requirements, the Investment Report is in compliance with the Yorba Linda Water District's Investment Policy, and there are adequate funds available to meet budgeted and actual expenditures for the next six months. 12/31/13 ________________________________ Delia Lugo, Finance Manager Below is a chart summarizing the yields as well as terms and maturities for the month of December 2013: Average# of Month PortfolioDays to of 2013 Yield Maturity December0.63%551 Below is are charts comparing operating fund interest for current and prior fiscal years. Actual Interest 12/31/201212/31/2013 Monthly - December 17,408$ 11,295$ Year-to-Date 70,458$ 65,908$ Budget 2012/20132013/2014 Interest Budget, December YTD75,000$ 43,500$ Interest Budget, Annual 150,000$ 87,000$ Interest earned on investments is recorded in the fund that owns the investment. The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds is as follows: Investment Summary Report Investment Summary Comparison Between Current and Previous Month November 2013% AllocDecember 2013% Alloc Fund DescriptionBalance11/30/2013Balance12/31/2013 Water Operating Reserve3,109,230$ 16.06%4,367,529$ 20.88% Water Emergency Reserve997,2885.15%995,5094.76% Water Capital Project Reserve7,820,40740.41%7,808,86737.33% Water Reserve for Debt Service2,725,93614.08%2,726,55613.03% Maintenance Reserve200,1151.03%200,1150.96% Employee Liability Reserve100,000 0.52%100,0000.48% COP Revenue Bond 2008 - Reserve2,153,99111.13%2,151,98110.29% Sewer Operating67,0340.35%389,3601.86% Sewer Emergency Reserve1,005,1155.19%1,004,7064.80% Sewer Capital Project Reserve1,176,1406.08%1,174,4705.61% 19,355,256$ 100.00%20,919,093$ 100.00% Water Operating14,872 (36,060) Sewer Operating484,810 299,209 499,682 263,149 Totals 19,854,938$ 21,182,242$ Wells Fargo Bank Checking ITEM NO. 7.6 AGENDA REPORT Meeting Date: February 13, 2014 Budgeted:Yes Total Budget:$2.6M To:Board of Directors Cost Estimate:$2.3M Funding Source:All Water Funds From:Steve Conklin, Acting General Manager Account No:101-2700 Job No:200817B Presented By:Steve Conklin, Acting General Manager Dept:Engineering Reviewed by Legal:No Prepared By:Joe Polimino, Project Engineer CEQA Compliance:MND Subject:Proposed Change Order No. 1 for the Yorba Linda Blvd. Pump Station Project SUMMARY: Work is proceeding on construction of the Yorba Linda Blvd. Pump Station Project. Submitted for consideration is construction Change Order No. 1. STAFF RECOMMENDATION: That the Board of Directors approve Change Order No. 1 in the amount of $25,871.37 and 59 additional days to Environmental Construction, Inc., for construction of the Yorba Linda Blvd. Pump Station Project, Job No. 2008-17b. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting held February 4, 2014 and supports staff's recommendation. DISCUSSION: In accordance with the contract documents, Environmental Construction Inc., submitted the proposed Change Order No. 1 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. 1 is attached for your review and details are provided below for the items having a substantial cost change to the contract. Item 1: During the Bidding Phase of the project, ECI, the contractor later selected by the Board for the construction project, noted that there was a conflict in the roofing plans and specs for the pump station, specifically a question regarding the roofing membrane. His question was answered in the addendum provided to all bidders prior to the bid opening, as required by the contract documents. Later, following award of the contract, ECI stated that they did not include membrane roofing in their bid for labor or material for the mansard roof portion of the pump station, due to the clarification in the addendum. Thereafter, the contractor checked with their roofing supplier and found that the membrane needed for the "mansard" portion is different material than was specified to cover the concrete-roof portion. The mansard portion membrane material and adhesive need to be compatible for use over plywood, rather than concrete which was not noted in the project specifications. District Engineering and Construction Management staff reviewed all of the information on this matter with the District's design consultant and determined that the contractor had reasonable justification for the requested addition for the roofing membrane for the mansard section. The cost for these changes is $15,692.16 and 14 additional days. Item 3: The contractor, while surveying for the fence alignment, found that two existing air-release structures were in conflict with the fence and if not relocated, they would be outside of the pump station fenced area and the District's easement. Since it is necessary that these facilities be located within the easement area granted by the City, the contractor was asked to submit a cost proposal to move them inside and retain the fence alignment per plan. The cost for these changes is $7,307.31 and 7 additional days. The status of the construction contract with Environmental Construction Inc. is as follows: The current contract is $1,581,179 and 365 calendar days starting April 1, 2013. If approved, Change Order No. 1 adds $25,871.37 (1.6% of the current contract amount) and 59 additional calendar days. If approved, the revised construction contract amount is $1,607,050.37 (1.6% changes from the original contract amount) and 424 calendar days. Staff and Lee & Ro, the District's design engineer, discussed 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): 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 nine progress payments to date, the last of which was approved on January 23, 2014. ATTACHMENTS: Name:Description:Type: ECI_Change_Order_No_1_signed.pdf YL Blvd. Pump Station CO 1 Environmental Construction Inc.Backup Material Approved by the Board of Directors of the Yorba Linda Water District 2/13/2014 RC/PH 5-0 YORBA LIKDAa 1UA7 E-R DK—��C 7 CHAMIGE ORDDER HO. I . DDAT5 �4��1M 14 - _ I'age 9 of 9 CONTRACT NAME: Yorba Lor)dp.35vd.Pump StEtocn CONTRACT AW47 $1,561,179.00 DAYS: 365 CONTRACTOR: Zndoronm snta0 Constre ftni One. THIS CHANGE: $25,871.37 DAYS: 59 (1.6%) PROJECT NUMBER: 200047ro OWNER: Yorba Ueda Ugd4er FD!str ct REVISED CONTRACT AMT: $1,607,050.37 DAYS: 424 This Change Order covers changes to the subject contract as described herein.The Contractor shall construct,furnish equipment and materials,and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner. DESCRIPTION OF CHANGES +INCREASE CONTRACT TIME /OR +E)(TENSION —DECREASE IN /OR CONTRACT REDUCTION AMOUNT($) (DAYS) 1 Additional waterproof membrane and roofing materials required per RFI#8 $15,692.16 14 2) Installation of a backflow prevention device and isolation valve per RFI#3 $2,871.90 7 3 Relocation of two air-release assemblies and pipe modifications per RFI 952 $7,307.31 7 4 "No cost"delay for valve manufacturing and longer than anticipated lead time $0.00 31 NET CHANGE $259871°37 59 REVISED CONTRACT AMOUNT AND TIME $1,807,050.37 424 The amount of the contract will be increased<deemasedy by the sum of$26,871.37 and the contract time shall be increased by 59 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: � � t � §ENGINEER OR DATE: CONCI rl TANT 7i f limino CR trojpervisor,Y'LNn9`D ACCEP71ED: 1C0NT3UC70R DATE: 3 Mike omanski Project Manager,Environmental Construcftn,One. APPROVED: DATE. Steve Conklin Acting General Manageu,YL 1RJD ITEM NO. 7.7 AGENDA REPORT Meeting Date: February 13, 2014 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 Manager Account No:101-2700 Job No:2011-20 Presented By:Steve Conklin, Acting General Manager Dept:Engineering Reviewed by Legal:No Prepared By:Joe Polimino, Project Engineer CEQA Compliance:Exempt Subject:Proposed Change Order No. 4 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. 4. STAFF RECOMMENDATION: That the Board of Directors approve Change Order No. 4 in the amount of $75,259.22 and 31 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 discussed this item at its meeting held February 4, 2013 and supports staff's recommendation. DISCUSSION: In accordance with the contract documents, TBU Construction, Inc. submitted the proposed Change Order No. 4 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. 4 is attached for your review and details are provided below for the items having a substantial cost change to the contract. Item 1: While constructing the Cresthill PRV, the contractor found an unmarked line that limited the size of the excavation to install the pre-cast concrete vault. Although the vault was able to be installed, it left too small an area around the sides of the vault to backfill conventionally. As such, it was necessary to backfill the narrow gap with concrete slurry, which is effective but more costly. The contractor also had to replace more sidewalk than shown on the plans, due to City of Anaheim's inspection requirements. Also, two additional pipe elbows needed to be installed to properly align the new installation to the existing pipe. The cost for these changes was $4,335.44 and no additional days. Item 2: The Phase II Waterline contract includes a "bore and jack" casing and pipe installation at Sunwood Lane. This required the contractor to excavate and shore a jacking pit at Sunwood Lane and bore to the golf course under an existing retaining wall and a small hill. While boring the pilot hole, the contractor encountered an unforeseen obstruction that the boring equipment could not push through or dislodge. Thereafter, the boring sub-contractor submitted a proposal for an additional cost of $87,500 to bore a larger hole and install a larger steel casing but with no guarantee this method would clear the obstruction. They also stated the cost would increase if more obstructions were encountered. Given this large cost and no guarantee of success, staff decided to meet with RBF, the engineer of work, and TBU, the prime contractor, to discuss other viable options. The meeting attendees concluded that the best and most cost-effective option was an "open trench" method to install the pipeline over the hill. RBF prepared new design plans for this section; TBU reviewed the new design and submitted a cost proposal of $70,923.78 and 31 additional days to do this work. District Engineering and Construction Management staff, and the design engineer reviewed the cost proposal and determined that it was reasonable and appropriate. The status of the construction contract with TBU Construction Inc. is as follows: The current contract is $1,441,567.61 and 370 calendar days starting February 1, 2013. If approved, Change Order No. 4 adds $75,259.22 (5.2% of the current contract amount) and 31 additional calendar days. If approved, the revised construction contract amount is $1,516,826.83 (11.6% changes from the original contract amount) and 401 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 of Directors 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 three change orders to date for this project, the last of which was approved on October 10, 2013. ATTACHMENTS: Name:Description:Type: TBU_Change_Order_No_4_signed.pdf Waterline Phase II, CO 4, TBU Construction Backup Material Approved by the Board of Directors of the Yorba Linda Water District 2/13/2014 RC/PH 5-0 YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 4 DATE 1/22/2014 Page 1 of 1 CONTRACT NAME: Yorba Linda Blvd. Pipeline Project CONTRACT AMT.: $1,441,567.61 DAYS: 370 CONTRACTOR: TBU Construction Inc. THIS CHANGE: $75,259.22 DAYS: 31 (5.2%) PROJECT NUMBER: 2011-20 OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $1,516,826.83 DAYS: 401 This Change Order covers changes to the subject contract as described herein.The Contractor shall construct,furnish equipment and materials,and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner. DESCRIPTION OF CHANGES +INCREASE CONTRACT TIME /OR +EXTENSION —DECREASE IN /OR- CONTRACT REDUCTION AMOUNT($) (DAYS) 1) Additional piping, slurry backfill and sidewalk replacement at Cresthill site. $4,335.44 0 2) Change of plan from "jack and bore"to an "open trench" pipe installation, due to $70,923.78 31 an unforeseen underground obstruction found during the pilot bore operation. NET CHANGE $75,259.22 31 REVISED CONTRACT AMOUNT AND TIME $1,516,826.83 401 The amount of the contract will be increased 4desfeasedz by the sum of$75,259.22 and the contract time shall be increased«'moo°°°'�by 31 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: /ENGINEER OR DATE: CONS[If TANT Joe Polimino, Construction Supervisor,YLWD ACCEPTED: / DATE: c /CONTRACTOR Jt4 President,TBU Construction Inc. APPROVED: DATE: /OWNER Steve Conklin Acting General Manager,YLWD ITEM NO. 7.8 AGENDA REPORT Meeting Date: February 13, 2014 Budgeted:N/A To:Board of Directors Funding Source:N/A From:Steve Conklin, Acting General Manager Presented By:Steve Conklin, Acting General Manager Dept:Engineering Reviewed by Legal:Yes Prepared By:Ricardo Hipolito Jr., Engineering Tech II CEQA Compliance:N/A Subject:Declaration of Restrictive Covenants with Mr. Anthony Nardolillo - 21078 Via Diego Circle SUMMARY: Mr. Anthony Nardolillo proposes to extend a block wall across the District's dedicated waterline easement within 21078 Via Diego Circle. District staff reviewed the encroachment and recommends approval subject to execution of the attached Declaration of Restrictive Covenants. STAFF RECOMMENDATION: That the Board of Directors authorize the President and Secretary to execute a Declaration of Restrictive Covenants with Mr. Anthony Nardolillo. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting on February 4, 2014 and supports staff's recommendation. DISCUSSION: Mr. Nardolillo proposes to extend an existing block wall and retain existing improvements, including a planter area, decorative pavers and a concrete driveway, within dedicated waterline and sewerline easements at 21078 Via Diego Circle. The District maintains an 8-inch diameter waterline within the easement that connects to Via Diego Circle, and a street within the adjacent tract, Via Marcos. The proposed block wall runs parallel and perpendicular to the easement, as depicted on the attached exhibit. Staff reviewed the applicants' request and determined the improvements would have minimal impact on operations and maintenance of District facilities. To further protect the District's interest, staff recommends the execution of the attached Declaration of Restrictive Covenants. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors authorized execution of similar Declarations of Restrictive Covenants with various developers and property owners. ATTACHMENTS: Name:Description:Type: DoRC_-_21078_Via_Diego_Circle.pdf DoRC - 21078 Via Diego Circle Backup Material EXHIBIT-A.pdf Exhibit A Backup Material Approved by the Board of Directors of the Yorba Linda Water District 2/13/2014 RC/PH 5-0 1 RECORDING REQUESTED BY and when recorded return to: Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885-0309 This is to certify that this Declaration of Restrictive Covenants is presented for recording under the provisions of Gov. Code Sec. 27383 by the Yorba Linda Water District in performance of an official service thereof. ____________________________________ Steve Conklin - Secretary Space Above This Line for Recorder’s Use DECLARATION OF RESTRICTIVE COVENANTS (ENCROACHMENT ON DISTRICT EASEMENT) THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made this 13th day of February, 2014, by and between YORBA LINDA WATER DISTRICT ("YLWD"), a public agency, created and operating under the authority of Division 12 of the California Water Code, and ANTHONY P. NARDOLILLO (“Owner”), with reference to the following recitals of fact: RECITALS A. The Owner is the legal owner of that certain real property located at 21078 Via Diego Circle, Yorba Linda, California 92886 ("Subject Property"), which is more particularly described as follows: LOT 1, TRACT 9927, IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 484, PAGE 1 TO 3 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. B. YLWD owns an Easement, as identified on the Tract Map No. 9927, recorded on February 6, 1981, in Book 484, Pages 1 through 3, Official Records of Orange County, California (“Easement”), across a portion of the Subject Property. Within the Easement, YLWD owns and maintains an 8-inch waterline and an 8-inch sewerline (“District Facilities”). 2 C. The Owner desires to construct a block wall with concrete footing and retain existing low block walls, planter areas, decorative pavers and existing concrete driveway RV parking (collectively herein referred to as “Improvements”) within and along the Easement area (hereinafter, “Encroachment”), as illustrated in Exhibit “A” attached hereto and incorporated by reference herewith. D. YLWD conditionally consents to Encroachment of the Improvements within and along the Easement area as stipulated in this Declaration. Owner is aware that the Improvements may lead to problems affecting and/or interfering with YLWD’s use of the Easement. E. Although the construction or existence of walls, structures, and other improvements within and along the Easement area may interfere or restrict YLWD’s Easement rights, the Owner wishes to construct and use the Improvements within and along the Easement area. NOW, THEREFORE, incorporating the above recitals, YLWD and Owner declare as follows: 1. Covenant Running with Land. This Declaration constitutes a covenant running with the land as provided by the California Civil Code Section 1468 and shall benefit, burden, and bind the successive owners of the Subject Property and the Easement. 2. Successors and Assigns Bound. Since Owner wishes to pursue the Encroachment, this Declaration obligates the current and future owners of the Subject Property to remedy any future adverse events and to fund any necessary maintenance costs on the Easement and/or Subject Property that may arise in full or in part due to the existence, construction, or damages caused by the Encroachment. 3. Damages to District Facilities. Owner assumes full responsibility, liability and shall pay for any cost(s) or damage(s) to the District Facilities and appurtenant structures, arising from or related to the construction, existence, and/or use of the Improvements. YLWD shall not be responsible for any cost(s) or damage(s) to the District Facilities and appurtenant structures that arise from the Encroachment. 4. Damages to Third Parties. Owner, its successors or assigns, agrees to indemnify and hold YLWD, its officers, directors, employees, agents and consultants, harmless against any third 3 party claims related to or arising out of the construction, existence and/or use of the Improvements. 5. Damages to Improvements. Owner acknowledges that the Improvements may be damaged or demolished to permit reasonable access to or reasonable work within and under the Easement area. YLWD, its officers, directors, employees, agents and consultants, shall not be responsible for any damage(s) to or because of the Improvements which results from YLWD's exercise of rights under the Easement. Owner, its successors or assigns, waives all known, unknown, and future claims, liabilities, causes of action, and expenses (including, but not limited to, attorneys’ fees) against YLWD, its officers, directors, employees, agents and consultants, for losses and damages to the Improvements and from any obligation to protect, preserve, repair, or replace the Improvements. Construction, use, protection, repair and replacement of the Improvements shall be entirely the risk and obligation of Owner, its successors or assigns, even if damage is caused by YLWD. (INTENTIONALLY BLANK) 4 6. Recording of Agreement. This Declaration shall be recorded in the Office of the Recorder of the County of Orange, California, and shall constitute notice to all successors and assigns of the title to the Subject Property of the rights and obligations set forth herein. Approved as to Form: Kidman Law, LLP Arthur G. Kidman General Counsel YORBA LINDA WATER DISTRICT: Robert R. Kiley President Steve Conklin Acting Secretary Owner: Anthony P. Nardolillo i TRACT NO. 9927 P 21078 /A DIEGO LOT 1 6 EXIST. RESIDENCE — — — — — — — — — — — — — ..W,...W.. .. .. �..W.. .. II � JN a 0 W m EXIST. \P AVERS N \ I I EXIST. � PLANTERS / EXIST. LOW BLOCK WALL WITH WROUGHT IRON EX. GATE — YLWD EXIST. L EXIST. BLOCK WALL I 40' EASEMENT FOR SEWER & 10 FOOT STORM DRAIN PURPOSES EASEMENT I EXIST. CONC. DWY. RV I I I Z 2 DEDICATED TO THE CITY OF YORBA I PARKING I I I C LINDA PROPOSED EXTENSION a .1 W BLOCK WALL FENCE I I 019 - EXISTING 8" WATER MAIN I I I y W io / TRACT NO. 10266 / I INI \ I A II � - RCOS —j S —S —S —S S I L S- ' VGA NI ' LOCATION MAP VICINITY MAP NOT TO SCALE PREPARED BY: EXHIBIT SCALE: N.T.S. YORBA LINDA WATER DISTRICT Declaration of Restrictive Covenants DATE: For 2/4/2014 El 1717 E. MIRALOMA AVENUE 21078 Via Diego Circle PLACENTIA, CALIFORNIA 92870 Yorba Linda, CA 92886 FILENAME: (714) 701 -3100 J- 000290 I - - -- , 7 I I I I I TRACT NO. 9927 P 21078 /A DIEGO LOT 1 6 EXIST. RESIDENCE — — — — — — — — — — — — — ..W,...W.. .. .. �..W.. .. II � JN a 0 W m EXIST. \P AVERS N \ I I EXIST. � PLANTERS / EXIST. LOW BLOCK WALL WITH WROUGHT IRON EX. GATE — YLWD EXIST. L EXIST. BLOCK WALL I 40' EASEMENT FOR SEWER & 10 FOOT STORM DRAIN PURPOSES EASEMENT I EXIST. CONC. DWY. RV I I I Z 2 DEDICATED TO THE CITY OF YORBA I PARKING I I I C LINDA PROPOSED EXTENSION a .1 W BLOCK WALL FENCE I I 019 - EXISTING 8" WATER MAIN I I I y W io / TRACT NO. 10266 / I INI \ I A II � - RCOS —j S —S —S —S S I L S- ' VGA NI ' LOCATION MAP VICINITY MAP NOT TO SCALE PREPARED BY: EXHIBIT SCALE: N.T.S. YORBA LINDA WATER DISTRICT Declaration of Restrictive Covenants DATE: For 2/4/2014 El 1717 E. MIRALOMA AVENUE 21078 Via Diego Circle PLACENTIA, CALIFORNIA 92870 Yorba Linda, CA 92886 FILENAME: (714) 701 -3100 J- 000290 ITEM NO. 8.1 AGENDA REPORT Meeting Date: February 13, 2014 Budgeted:Yes Total Budget:$90,000 To:Board of Directors Cost Estimate:$90,000 Funding Source:Water Operating Fund From:Steve Conklin, Acting General Manager Account No:1-1010-0440-00 Presented By:Steve Conklin, Acting General Manager Dept:Board of Directors Prepared By:Annie Alexander, Executive Secretary Subject:Proposed Revision of Board of Directors Committee and Intergovernmental Meeting Assignments STAFF RECOMMENDATION: That the Board of Directors consider revising the committee and intergovernmental meeting assignments for the 2014 calendar year. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee discussed this matter at its meeting held January 13, 2014 and recommended additional revisions to the Directors' committee and intergovernmental meeting assignments in order to address schedule conflicts and District related interests. DISCUSSION: At the regular meeting held January 9, 2014, the Board of Directors determined to revise the committee and intergovernmental meeting assignments for the next calendar year. Since that time, a schedule conflict has arisen with some of the assignments and ISDOC has requested the designation of an alternate. In addition, President Kiley would like to request that the Board consider assigning a Director to attend OCSD meetings (as an observer) in order to prepare for the possibility of the District obtaining a seat on the agency's Board of Directors. The attached spreadsheet indicates the current assignments with the proposed amendments highlighted in red. This includes the switching of assignments for the Finance-Accounting and Public Affairs-Communications-Technology committees; the switching of assignments for the Yorba Linda Planning Commission meetings, the assignment of President Kiley to attend OCSD Board meetings as an observer; and the assignment of Director Collett as an alternate for the ISDOC meetings. STRATEGIC PLAN: CP 1-C: Have Board of Directors and YLWD Staff Attend More Events and Inter - governmental Meetings within the Local Community ATTACHMENTS: Name:Description:Type: YLWD_2014_Revised_BOD_Committee_Assignments.xls Backup Material Backup Material SB_946.pdf Backup Material Distributed Less Than 72 Hours Prior to the Meeting Backup Material Approved by the Board of Directors of the Yorba Linda Water District 2/13/2014 PH/RC 5-0 Excluding the assignment of Director attendance at OCSD Board meetings. Standing Committees201220132014 EAO HawkinsMelton Kiley (Chair) MeltonKileyCollett FA KileyHawkins Beverage(Chair) HawkinsMelton Kiley Hawkins PRM BeverageCollett Hawkins(Chair) CollettBeverageMelton PEO CollettKiley Melton (Chair) KileyHawkinsBeverage PACT MeltonBeverage Collett (Chair) BeverageCollett Hawkins Kiley YLWD/MWDOC/OCWD Joint Agency HawkinsMeltonKiley BeverageBeverageBeverage YLWD/City of Placentia Joint Agency N/AMeltonBeverage N/AHawkinsMelton YLWD/City of Yorba Linda Joint Agency N/AKileyCollett N/ABeverageKiley CAC BeverageBeverageKiley Interagency Meeting Assignments201220132014 YL City Council Mtg 1 HawkinsKileyCollett First Tuesday of the Month YL City Council Mtg 2 MeltonCollettKiley Third Tuesday of the Month YL Planning Comm Mtg 1 KileyMelton Melton Beverage Second Wednesday of the Month YL Planning Comm Mtg 2 CollettHawkins Beverage Melton Fourth Wednesday of the MonthFourth Wednesday of the Month YL LMAD Citizens Advisory Committee N/AKileyBeverage Second Thursday of the Month YL LMAD Citizens Advisory Committee N/ABeverageCollett Fourth Thursday of the Month OCWD Board of Directors KileyKileyCollett First Wednesday of the Month OCWD Board of Directors KileyKileyCollett Third Wednesday of the Month MWDOC Board of Directors MeltonMeltonMelton First Wednesday of the Month MWDOC Board of Directors MeltonMeltonMelton Third Wednesday of the Month WACO Meeting HawkinsHawkinsKiley First Friday of the Month KileyHawkins LAFCO Meeting BeverageBeverageBeverage Second Wednesday of the Month OCSD N/AN/AKiley Fourth Wednesday of the Month ISDOC Meeting CollettCollettHawkins Quarterly on the Fourth Tuesday Collett (Alternate) ACWA/JPIA Meeting HawkinsHawkinsHawkins Semi-Annually in May & November The Orange County Sanitation District (OCSD) Board of Directors is comprised of 25 members, representing municipalities, water and wastewater agencies throughout North and Central Orange County. The City of Yorba Linda held a seat on the OCSD Board of Directors to represent ratepayers within the City of Yorba Linda. However, in 2010 the City of Yorba Linda transferred sewer service and responsibility to the Yorba Linda Water District through a formal agreement. In addition to transferring service and responsibility to the Yorba Linda Water District, the City also agreed to relinquish the OCSD Board seat to the Water District. By mutual agreement of all parties involved including the OCSD, the City of Yorba Linda and the Yorba Linda Water District, the OCSD seeks to amend the District Act to substitute the Board seat held by the City of Yorba Linda to allow representation for the residents of Yorba Linda by the Yorba Linda Water District. Senator Huff (R-33) agreed to author the bill. SB 946, introduced on February 5, 2014, will provide for the appropriate legislative amendment to the OCSD District Act to allow formal representation by the Yorba Linda Water District for the purposes described above. The Orange County Sanitation District would appreciate your formal support for this legislation. A letter of support is attached. Should you have questions, please contact Jim Herberg at 714-962-2411 or Heather Stratman at 949-399- 9050. Orange County Sanitation District MISSION STATEMENT "We protect public health and the environment by providing effective wastewater collection, treatment, and recycling." ADDRESS 10844 Ellis Avenue Fountain Valley, CA 92708 CONTACT INFO Jim Herberg Orange County Sanitation District 714-962-2411 Heather Stratman Townsend Public Affairs 949-399-9050 SENATE BILL 946 Request for Legislative Support Backup Material Distributed Less Than 72 Hours Prior to the Meeting SENATE BILL No. 946 Introduced by Senator Huff February 5, 2014 An act to amend Section 4730.65 of the Health and Safety Code, relating to community facilities. legislative counsel’s digest SB 946, as introduced, Huff. Community facilities: consolidated sanitation district. Under the Community Facilities Law of 1911, the governing body of a consolidated sanitation district located in Orange County, which has been formed under specified circumstances, is composed of one member of the city council of each city located wholly or partially within the district’s boundaries, as specified, one member of the county board of supervisors, one member of the governing body of each sanitary district, as specified, and one member of the governing body of a public agency empowered to and engaged in the collection, transportation, treatment, or disposal of sewage, as specified. This bill would revise the governing body of a consolidated sanitation district located in Orange County to instead include one member of the city council of each city, except the City of Yorba Linda, as specified, one member of the county board of supervisors, one member of the governing body of each sanitary district, as specified, one member of the governing body of a public agency empowered to and engaged in the collection, transportation, treatment, or disposal of sewage, as specified, and one member of the governing body of the Yorba Linda Water District. This bill would make legislative findings and declarations as to the necessity of a special statute for the consolidated sanitation district in 99 Backup Material Distributed Less Than 72 Hours Prior to the Meeting Orange County, the City of Yorba Linda, and the Yorba Linda Water District. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. Section 4730.65 of the Health and Safety Code line 2 is amended to read: line 3 4730.65. (a) Notwithstanding Sections 4730, 4730.1 and line 4 4730.2, or any other provision of law, a sanitation district in Orange line 5 County, that has been created by the consolidation, pursuant to the line 6 Cortese-Knox-Hertzberg Local Government Reorganization Act line 7 of 2000 (Division 3 (commencing with Section 56000) of Title 5 line 8 of the Government Code), of one or more sanitation districts, line 9 originally established pursuant to Section 4730, and one or more line 10 sanitation districts, originally established pursuant to Section line 11 4730.1, shall be referred to, for purposes of this section only, as a line 12 consolidated sanitation district and the governing body shall be line 13 constituted in accordance with subdivision (b). line 14 (b) The governing body of the consolidated sanitation district line 15 shall be a board of directors composed of all of the following: line 16 (1) One member of the city council of each city located wholly line 17 or partially within the district’s boundaries, except the City of line 18 Yorba Linda, provided, however, a city within the consolidated line 19 district, the sewered portion of which city lies entirely within line 20 another sanitary district, shall have no representation on the board. line 21 (2) One member of the county board of supervisors. line 22 (3) One member of the governing body of each sanitary district, line 23 the whole or part of which is included in the consolidated sanitation line 24 district. line 25 (4) One member of the governing body of a public agency line 26 empowered to and engaged in the collection, transportation, line 27 treatment, or disposal of sewage and which was a member agency line 28 of a sanitation district consolidated into a consolidated sanitation line 29 district. line 30 (5) One member of the governing body of the Yorba Linda Water line 31 District. line 32 (c) The governing body of the county and each city, sanitary line 33 district, and public agency that is a member agency having a 99 — 2 —SB 946 Backup Material Distributed Less Than 72 Hours Prior to the Meeting line 1 representative on the board of directors of the consolidated line 2 sanitation district, may designate one of its members to act in the line 3 place of its regular member in his or her absence or his or her line 4 inability to act. line 5 (d) No action shall be taken at any meeting of the consolidated line 6 district’s board of directors unless a majority of all authorized line 7 members of the board of directors is in attendance. line 8 (e) A majority of the members of the board of directors present line 9 shall be required to approve or otherwise act on any matter except line 10 as otherwise required by law. line 11 SEC. 2. The Legislature finds and declares that a special law line 12 is necessary and that a general law cannot be made applicable line 13 within the meaning of Section 16 of Article IV of the California line 14 Constitution because of the special circumstances surrounding the line 15 change in composition of the governing body of the consolidated line 16 sanitation district in Orange County resulting from the transfer of line 17 sanitation duties from the City of Yorba Linda to the Yorba Linda line 18 Water District. O 99 SB 946— 3 — Backup Material Distributed Less Than 72 Hours Prior to the Meeting ITEM NO. 8.2 AGENDA REPORT Meeting Date: February 13, 2014 To:Board of Directors From:Steve Conklin, Acting General Manager Presented By:Steve Conklin, Acting General Manager Reviewed by Legal:Yes Prepared By:Cindy Botts, Management Analyst Subject:Board of Director Non-Member Attendance at Committee Meetings STAFF RECOMMENDATION: That the Board of Directors consider the options available for the proposed implementation of this policy. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee discussed this matter at its meetings held in November and January and recommended that the Board of Directors make no change to the current process regarding non-member Director attendance at Committee meetings. DISCUSSION: At its December 23, 2013 meeting, the Board of Directors discussed the possibility of authorizing non-member Director attendance at Committee meetings. At that meeting, the Board also reviewed the District's current policy as it relates to non-member Directors' compensation for attendance at Committee meetings. Following discussion, the Board directed this matter back to the Executive- Organizational-Committee for further examination, and asked staff to develop options for consideration by the Committee. The EAO Committee reviewed this item at its meeting on January 13, 2014. Two options were prepared for and reviewed with the EAO Committee: Option A 1.Authorize non-member Director attendance at Committee meetings given they refrain from participation in accordance with the Brown Act. 2.Non-member Directors wishing to attend and participate in Committee meetings would need to notify staff prior to posting of the agenda so the meeting can be noticed appropriately. 3.Non-member Directors would need to obtain pre-authorization or post-ratification from the full Board for attendance at Committee meetings in order to receive compensation (per Ordinance No. 03-01). Option B 1.Determine to notice all Committee meetings as regular Board meetings in order to facilitate non-member Director attendance and participation. 2.Non-member Directors would not need to receive pre-authorization or post-ratification from the full Board for their attendance at Committee meetings in order to receive compensation. At the Committee meeting, the attached memo was referenced in which Mr. Kidman advised that in those circumstances where a non-member Director is in attendance at a Committee meeting, legal counsel should be present in order to facilitate adherence to the Brown Act. In addition, if the District's Committee meetings were to be noticed as regular Board meetings, it would be similarly recommended to have legal counsel present as this is current practice. At the Committee meeting staff also noted that should the Board decide to move forward with either Option A or B, no changes would be necessary to the current budget as the amount of compensation for Director attendance at meetings of the Board or those attended at the request of the Board is set at $150 per day and cannot exceed 10 days per calendar month. And lastly, it was noted by staff that if the Board decided to move forward with either Option A or B, some revisions may be necessary to the Board of Directors Rules for Organization and Procedure (Resolution No. 11-15) which will require the assistance of legal counsel. Staff would also need up to two weeks to work with the vendor to implement the required changes in NovusAgenda. ATTACHMENTS: Name:Description:Type: Kidman_Memo_RE_BOD_Non- member_Attendance_at_Comm_Mtgs.pdf Backup Material Backup Material Kidman Law LLP Water | Environment | Government MEMORANDUM TO: Steve Conklin Acting General Manager FROM: Art Kidman General Counsel DATE: December 19, 2013 RE: Board of Director Compensation Non-member Attendance at Committee Meetings __________________________________________________________________ Issue Presented: May a member of the Board of Directors attend a meeting of a Board committee of which he is not a member and draw a daily stipend for attending the meeting? Answers: Meetings of committees comprised of Board members must be open to the public and, therefore, any Director is permitted, subject to specific limitations, to attend committee meetings even if he is not a member of the committee. Under current policies set by the Board, however, a Director may draw a daily stipend for attending a committee meeting where he is not an appointed committee member only if his attendance at the committee meeting is requested by the Board. Alternatives are available to authorize compensation for such meeting attendance. DISCUSSION The issues presented deal with two legal principles which will be addressed separately. The first legal principle is whether and under what conditions a director is permitted by law to attend a Board committee meeting when he is not a member of the committee. The second issue is whether and under what conditions a Director may be compensated for attendance at a Board committee meeting when he is not a member of the committee. A. A Board member may attend any Board committee meeting; but must refrain from any participation in the committee’s deliberations. The Ralph M. Brown Act is our State’s open public meetings law. The Brown Act broadly prohibits public agency decisions and deliberations leading to public agency decisions from being made by or occurring among a quorum of governing body members outside of a noticed public meeting of the governing body. Government Code §54953(a). The requirement for open public meetings also applies to meetings of standing committees consisting of less than a quorum of governing body members. Government Code §54952(b). Since standing committee meetings are open to the public, governing body members who are not committee members may attend such meetings, but special rules apply. A Board member who is not a committee member may attend a meeting of that committee as an observer, but may not ask questions, make statements or otherwise participate in any way in the deliberations or decisions of the committee. Government Code §54952.2(c)(6) provides that a meeting of a standing committee is not a meeting of the governing body as follows: “The attendance of a majority of the members of the legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers.” [emphasis added] The reason for this special rule for non-committee Board member attendance at committee meetings is readily apparent. If an additional Board member in attendance at a committee meeting means that a quorum of the Board participates in the deliberations and/or decisions of the committee , then the committee meeting constitutes a Board meeting and must be noticed to the public as such, including the posting of a Board meeting agenda 72 hours in advance of the committee meeting. The moment the additional Board member begins to participate in the deliberations or decisions of the committee, the committee meeting becomes a violation of the Brown Act potentially subjecting all the board members in attendance to penalty. The California Attorney General has opined that the “observer” status of such non- committee Board members attending a standing committee meeting prohibits the non-committee member from participating in the committee in any way, including making statements or asking questions. “Indeed, such observers have fewer rights than members of the general public attending the meetings, since as observers they may make no statements and ask (no) questions.” 81 Ops. Atty. Gen 156. RECOMMENDATIONS RE ISSUE A: A.1 The Board should consider whether and under what conditions committee meetings should be conducted as noticed and agendized Board meetings in order to allow participation in the committee meeting by any or all Board members. A.2 If “participation” in committee meetings remains limited to less than a quorum of the Board, the Board should consider adoption of policy requiring (a) any Board member to notify the General Manager when he plans to attend a meeting of a committee where he is not a committee member; (b) requiring the General Manager to notify the committee chairman of the plans for a third Board member to be present at the committee meeting; and (c) requiring the General Manager to request District legal counsel to attend the committee meeting to assure compliance with the special “only as observer” rule under the Brown Act. B. A Board member may be compensated only for attendance at Board meetings and other meetings attended at the request of the Board. Under State Law and under Yorba Linda Water District Ordinance No. 03-01 (Setting Compensation for Members of the Board of Directors), Directors may be compensated at a daily rate “for each day’s attendance at meetings of the Board of Directors and other meetings attended at the request of the Board of Directors.” By custom and practice, the Board of Directors annually approves assignment of members of the Board to serve on Board committees and annually designates members of the Board to attend recurring meetings of outside agencies. In addition, each Board meeting agenda includes an item for ad hoc approval of one or more Board members to attend specific meetings and events. These rules, customs and practices appear to be compliant with AB 1234 (Government Code §53232.1). If a Board member attends a meeting which has not been pre-approved by the Board, the member may be entitled to the per diem compensation only if the member’s attendance is ratified after the fact by a vote of the Board. Under these rules, customs and practices a Board member may be compensated a day’s attendance at a meeting of a committee of which he is not a member only if the member obtains pre-authorization or post-ratification from the full Board for attendance at the committee meeting. RECOMMENDATIONS RE ISSUE B: B.1 If the Board determines under recommendation A.1 above to designate committee meetings as Board meetings, then State law and Ordinance 03-01 both allow compensation for any board member to attend a committee meeting. B.2 If the Board determines under recommendation A.2 above to limit “participation” in committee meetings to members of the committee, the Board should consider whether (a) to continue ad hoc approval of attendance for daily compensation to any Director who attends a meeting of a committee of which he is not a member; or (b) to provide blanket approval of such attendance for daily compensation. Material Distributed Less Than 72 Hours Prior to the Meeting ITEM NO. 8.3. AGENDA REPORT Meeting Date: February 13, 2014 To: Board of Directors From: Steve Conklin, Acting General Mgr Presented By: Steve Conklin, Acting General Mgr Prepared By: Steve Conklin, Acting General Mgr Subject: Resolution Calling for Enhanced Water Use Efficiency Efforts SUMMARY: At its meeting on February 11, 2014, the MWD Board of Directors adopted a Water Supply Alert Resolution. The resolution calls for local agencies to achieve extraordinary conservation by adopting and enforcing drought ordinances and other measures. On February 12, MWDOC’s Administration and Finance Committee echoed this request. This will be followed by a resolution by MWDOC’s Board on February 19 calling for enhanced water use efficiency efforts by all member agencies and water users. In response to these requests, a resolution has been prepared for consideration by the YLWD Board encouraging enhanced water use efficiency efforts. No mandatory measures are being proposed at this time. STAFF RECOMMENDATION: That the Board of Directors approve Resolution No. 14-01 Calling for Enhanced Water Use Efficiency Efforts. PRIOR RELEVANT BOARD ACTION(S): May 14, 2009, Adopted Ordinance 09-01 Instituting Water Conservation Measures, Prohibition Against Water Waste and Water Shortage Supply Contingencies. (The District is currently in Stage 0, which calls for permanent water conservation measures and prohibition against water waste, but no mandatory water-use restrictions.) ATTACHMENTS: Resolution No. 14-01. RESOLUTION NO. 14-01 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT CALLING FOR ENHANCED WATER USE EFFICIENCY EFFORTS WHEREAS, the state of California is experiencing record dry year conditions, with 2014 projected to become the driest year on record; and WHEREAS, effective January 17, 2014, Governor Edmund G. Brown, Jr. declared a statewide state of emergency due to drought conditions; and WHEREAS, Metropolitan Water District of Southern California (Metropolitan) has indicated that its water storage reserves, committed to meeting regional drought demands, remain relatively healthy at nearly 2.4 million acre-feet and, as such, does not intend to institute mandatory water reductions within its service area for 2014; and WHEREAS, Metropolitan has declared a Water Supply Alert calling for all cities, counties, member agencies and retail water agencies to implement extraordinary water use efficiency measures, adopt and implement local drought ordinances to preserve regional storage reserves; and WHEREAS, Municipal Water District of Orange County (MWDOC) has adopted a resolution calling for enhanced water use efficiency efforts to extend regional water supplies for Orange County residents and business; and WHEREAS, MWDOC and its member agencies are increasing their public messaging to create a heightened awareness of the state’s water supply conditions; and WHEREAS, increasing and applying efficient water use habits today is the responsible thing to do and will help ensure Orange County has enough water to maintain our quality of life and thriving economy; and WHEREAS, there are numerous resources and programs to assist us in our countywide water use efficiency efforts, including rebates for water saving devices and information on water-saving strategies at www. bewaterwise.com, www.mwdoc.com and www.ylwd.com. NOW THEREFORE BE IT RESOLVED that the Board of Directors of the Yorba Linda Water District does hereby encourage its constituents to take the necessary actions to reduce their water usage through enhanced water use efficiency measures in an effort to extend stored water supplies and prepare for a prolonged drought; and Resolution No. 14-01 Calling for Enhanced Water Use Efficiency Efforts 1 Material Distributed Less Than 72 Hours Prior to the Meeting BE IT FURTHER RESOLVED that the Yorba Linda Water District will coordinate with the Municipal Water District of Orange County and its member agencies to develop a unified regional message and significantly accelerate its outreach efforts in order to communicate the need for additional water use efficiency efforts to local public officials, residents and businesses. PASSED AND ADOPTED this 13th day of February 2014, by the following called vote: AYES: Directors Beverage, Collett, Hawkins, Kiley and Melton NOES: None ABSTAIN: None ABSENT: None Robert R. Kiley, President Yorba Linda Water District ATTEST: Steve Conklin, Board Secretary Yorba Linda Water District Resolution No. 14-01 Calling for Enhanced Water Use Efficiency Efforts 2 Material Distributed Less Than 72 Hours Prior to the Meeting ITEM NO. 10.2 AGENDA REPORT Meeting Date: February 13, 2014 Subject:Finance-Accounting Committee (Beverage / _____) · Minutes of the meeting held January 27, 2014 at 4:00 p.m. · Next meeting is scheduled to be held February 24, 2014 at 4:00 p.m. ATTACHMENTS: Name:Description:Type: 012714_FA_-_Minutes.doc FA Mtg Minutes 01/27/14 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT FINANCE-ACCOUNTING COMMITTEE MEETING Monday, January 27, 2014, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The January 27, 2014 meeting of the Yorba Linda Water District’s Finance- Accounting 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. 2. ROLL CALL COMMITTEE STAFF Director Michael J. Beverage, Chair Steve Conklin, Acting General Manager Director Phil Hawkins Delia Lugo, Finance Manager 3. PUBLIC COMMENTS None. 4. ACTION CALENDAR 4.1. Investment Report for the Period Ending December 31, 2013 Mrs. Lugo presented the Investment Report for the Period Ending December 31, 2013. She noted that the average yield for the reporting month is 0.63%. There was added discussion relevant to Bank of the West where the yield the District has been receiving on funds deposited in a Money Market account will be reduced to 0.24% from 0.29% effective as of January 2014. A hand-out that reports the use and available balance of the Line of Credit between the District and Wells Fargo Bank was available for review and discussion. There were no other key items to discuss. 5. DISCUSSION ITEMS 5.1. Budget to Actual Results for December 2013 Mrs. Lugo reviewed the December 2013 Budget to Actual Results report with the Committee. Mrs. Lugo noted that the expenditures to date are trending as previously reported with the exception of Materials in the Supplies and Services section of the Sewer Fund statement which are at 101.21% of the annual budgeted amount. This is primarily due to unbudgeted expenses pertaining to the adjustment of manholes in relation to the City Yorba Linda’s “Street Rehabilitation Program.” 2 5.2. Proposed Fiscal Year 2014-15 Budget Calendar Mrs. Lugo explained that the current years’ budget calendar is a bit different from last year’s calendar in that the revenue budget, along with the budgets for Capital Improvement Projects, personnel costs, and the Operations section would be worked on first. As with last year’s budget process, there will be two meetings for each section to meet with its respective Committee to discuss supplies and services budgets. The calendar calls for two Budget Workshops that are tentatively scheduled on March 17th and April 21st, with a full draft to the Board at the second Board meeting in May, and a Board vote at the first Board meeting in June. 5.3. Draft of Comprehensive Annual Financial Report for the Year Ended June 30, 2013 Mrs. Lugo distributed the draft of the CAFR for the Year Ended June 30, 2013 for the Committee to review, along with the draft of the Management’s Discussion and Analysis Report. 5.4. Future Agenda Items and Staff Tasks None. 6. ADJOURNMENT 6.1. The meeting was adjourned at 5:12 p.m. The next Finance-Accounting Committee meeting is scheduled to be held Monday, February 24, 2014 at 4:00 p.m. ITEM NO. 10.4 AGENDA REPORT Meeting Date: February 13, 2014 Subject:Planning-Engineering-Operations Committee Melton / Beverage · Minutes of the meeting held February 4, 2014 at 4:00 p.m. · Next meeting is scheduled to be held March 6, 2014 at 4:00 p.m. ATTACHMENTS: Name:Description:Type: 020414_-_PEO_Minutes.docx PEO Mtg Minutes 02/04/14 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING Tuesday, February 4, 2014, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The February 4, 2014 meeting of the Yorba Linda Water District’s Planning- Engineering-Operations 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. 2. ROLL CALL COMMITTEE MEMBERS PRESENT STAFF PRESENT Director Gary T. Melton, Chair Steve Conklin, Acting General Manager Director Michael J. Beverage John DeCriscio, Operations Manager 3. PUBLIC COMMENTS None. 4. ACTION CALENDAR 4.1. Proposed Change Order No. 1 for the Yorba Linda Blvd Pump Station Project Mr. Conklin reported that the project is moving forward, but that there are proposed changes in construction outside of the project scope and contract. He described those changes relating to the roof coating and relating to the need to relocate two air-release structures in conflict with the fence to be constructed on the edge of the project area. Following discussion, the Committee supported the staff recommendation that the Board approve Change Order No. 1 in the amount of $25,871.59 and 59 additional days. 4.2. Proposed Change Order No. 4 for the 2012 Waterline Replacement Phase II Project Mr. Conklin updated the Committee on changes in construction necessary for the subject project. He described the extra work necessary to install the pre-cast vault for the replacement of the Cresthill Pressure Regulating Valve and structure, and the change in the alignment and method of installation for the pipeline from Sunwood to YL Country Club. Following discussion, the Committee supported the staff recommendation that the Board approve Change Order No. 4 in the amount of $75,258.22 and 31 additional days 2 4.3. Declaration of Restrictive Covenants with Mr. Anthony Nardolillo – 21078 Via Diego Circle Mr. Conklin reported that Mr. Nardolillo proposes to extend an existing block wall and to retain existing landscaping improvement within the District’s dedicated waterline and sewer line easements at his residence. He noted that staff has reviewed the proposed work and recommends acceptance subject to the execution of a Declaration of Restrictive Covenants. Following discussion, the Committee supported the staff recommendation. 5. DISCUSSION ITEMS 5.1. Status of OCWD Annexation Process (Verbal Report) Mr. Conklin reported that he is not aware of any new developments. It is still within the LAFCO review process. 5.2. Status of Cielo Vista and Esperanza Hills Development Projects (Verbal Report) Mr. Conklin reported that the EIR review and comment period has ended for both projects. He submitted the District’s response letter to the County for Esperanza Hills last week, and received a copy of the City’s response letter on Monday. 5.3. 2014 Allen McColluch Shutdown Mr. Conklin recalled that the District came through the recent AMP shutdown without a hitch in water delivery or water quality. He noted that he asked Mr. DeCriscio to prepare a memo, summarizing the District’s preparation, response during the outage, and items learned that will be of benefit in future outages or emergencies. A copy of the memo was provided to the Committee and discussed. 5.4. Reservoir Cleaning and Inspection Mr. DeCriscio described the process utilized by the Operations Department to have each of the District’s 14 reservoirs inspected and (if necessary) cleaned of sediment every five years. He noted that because the cost to inspect and clean Highland and Lakeview reservoirs was to be more than $5,000, it was necessary to obtain multiple bids. Following receipt and review of two competitive bids, the low-bid firm, Aquatic Inspections, Inc., was retained for $11,950 for the work. Approval of this work was within the scope of the Acting General Manager’s authority, per the District’s Purchasing Policy. 3 5.5. Monthly Groundwater Production and Import Water Report (To be provided at the meeting.) Mr. DeCriscio reported that water consumption for January 2014 was 46.1% over the projected amount (based on historical averages) and that for the first seven months of the FY, consumption is 8.6% over that projected. Our groundwater-use percentage has been increasing and is now 48.4% for the FY, as we work to hit our target of 51.8% by June 30. 5.6. Monthly Preventative Maintenance (PM) Report (To be provided at the meeting.) Mr. DeCriscio provided a copy of the PM Report to the Committee and noted that our crews are on target for our PM goals. He indicated that for sewer televising, our crews have completed 83% of the targeted length to be televised already this year, and cumulatively, they have televised 78% of our entire sewer system. He described to the Committee that when the televising shows areas in need of repair or replacement, the area is marked, and, when several such areas are accumulated, the work is bid out and the repairs are made at one time. 5.7. Monthly Production Summary Report (To be provided at the meeting.) Mr. DeCriscio reviewed the subject report with the Committee, noting water production, weather conditions, water quality, equipment removed from and returned to service, and after-hour response calls. He described to the Committee how after-hour calls are addressed by the staff-person on call. 5.8. Groundwater Producer Meeting Report Mr. Conklin reviewed the subject report with the Committee, noting that OCWD has projected for FY 14/15 an RA of $295 to $305/AF and a BPP of 72%. 5.9. Review of 2013/14 CIP and Forecast for FY 2014/15 Mr. Conklin provided a handout to the Committee with the most recent updates to the work completed to date, projections to the end of FY 13/14, and projections for the following four years. Of particular interest were the projections for time of completion of Well 21 and completion of the Fairmont Booster Station. Also discussed was the projection of the work for Well 22, for which a site must first be found and purchased. A question was raised as to how much groundwater can we currently pump, and how much in two years with the completion of Well 21. And how does this relate to our goal of pumping 65% to 70% when annexation is approved? Mr. DeCriscio indicated that he will provide this information for discussion at the next PEO Committee meeting 5.10. Status Report on Capital Projects in Progress Mr. Conklin provided an update on capital projects currently in planning, design and construction. He provided some photos for the Committee of the pipeline construction through the golf cart tunnel at YL Country Club. 4 5.11. Future Agenda Items and Staff Tasks Keep Committee apprised of efforts in acquiring sites for Wells 22 and 23. 6. ADJOURNMENT 6.1. The meeting was adjourned at 5:17 p.m. The next Planning-Engineering- Operations Committee meeting is scheduled to be held Thursday, March 6, 2014 at 4:00 p.m. ITEM NO. 10.5 AGENDA REPORT Meeting Date: February 13, 2014 Subject:Public Affairs-Communications-Technology Committee (Collett / _____) · Minutes of the meeting held February 3, 2014 at 12:00 p.m. · Next meeting is scheduled to be held March 3, 2014 at 4:00 p.m. ATTACHMENTS: Name:Description:Type: 020314_PACT_-_Minutes.docx PACT Mtg Minutes 02/03/14 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC AFFAIRS-COMMUNICATIONS-TECHNOLOGY COMMITTEE MEETING Monday, February 3, 2014, 12:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The February 3, 2014 meeting of the Yorba Linda Water District’s Public Affairs- Communications-Technology Committee was called to order by Director Collett at 12:00 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 COMMITTEE MEMBERS PRESENT STAFF PRESENT Director Ric Collett, Chair Steve Conklin, Acting General Manager Director Phil Hawkins Art Vega, Acting IT Manager Damon Micalizzi, Public Information Officer 3. PUBLIC COMMENTS None. 4. DISCUSSION ITEMS 4.1. Phase 3 of Storage Solution and Recovery Plan Outline: Archiving (Verbal Report) Mr. Vega presented and summarized the District’s Storage Solution and Recovery Plan. The Committee discussed the Plan focusing on Phase 3: Archiving and Phase 4: Disaster Recovery. The Committee asked that staff look into the possibility of merging Phase 3 and Phase 4, and discuss this option at the next PACT Committee meeting. Furthermore, the Committee requested that Ms. Alexander be present to discuss this project and Records Management. 4.2. Network Improvements & Replacements Project Status (Verbal Report) Mr. Vega informed the Committee that IT Staff had begun working on the Network Improvements and Replacement project. Mr. Vega indicated that they had an implementation plan with the goal of improving network speed in core areas of the network, replacing older equipment and improving redundancy for a more reliable network. 2 4.3. Drought Public Outreach & Education – Present Status of Water Supply The Committee discussed the District’s plans for communication and outreach regarding the drought, opting to not produce any extraordinary mailers or correspondence, but to keep messaging consistent moving forward, highlighting the issues through the District’s regular channels, website, newsletter, etc. 4.4. Status of Bottled Water Label Contest (Verbal Report) Mr. Micalizzi presented to the Committee the entries for this year’s contest. The Committee narrowed the entries down to a top three. 4.5. Bottled Water Options The Committee discussed this year’s bottled water order, looking at options for bottle size and changing the label to achieve maximum number of bottles for the budget. Staff will present those options to the Committee in March with any changes made to the bottle/label going to the full Board. 4.6. YLWD History Wall Display (Verbal Report) The Committee discussed a History Wall as an option for a display in the front lobby. After looking at examples, the Committee directed staff to move forward with the project. 4.7. Status of Current Public Outreach Activities The Committee reviewed the report noting that the overwhelming majority of donated water goes to elementary school students who likely won’t drink 16.9 oz of bottled water. This further underscored the need to revisit size options for bottles. 4.8. Future Outreach and Press Relations (Verbal Report) Mr. Micalizzi updated the Committee on recent news regarding the Drought. Presently, the District does not anticipate any media interest outside of the upcoming announcement of the eventual label contest winner. 4.9. Future Agenda Items and Staff Tasks None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 1:30 p.m. The next Public Affairs- Communications-Technology Committee meeting is scheduled to be held Monday, March 3, 2014 at 4:00 p.m. ITEM NO. 10.9 AGENDA REPORT Meeting Date: February 13, 2014 Subject:YLWD-MWDOC-OCWD Joint Agency Committee (Kiley / Beverage) · Minutes of the meeting held January 28, 2014 at 4:00 p.m. · Next meeting is scheduled to be held March 25, 2014 at 4:00 p.m. ATTACHMENTS: Name:Description:Type: 012814_MWDOC_OCWD_-_Minutes.docx YLWD/MWDOC/OCWD Mtg Minutes 01/28/14 Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT JOINT AGENCY COMMITTEE MEETING WITH MWDOC AND OCWD Tuesday, January 28, 2014, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The January 28, 2014 meeting of the Yorba Linda Water District’s Joint Agency Committee with MWDOC and OCWD was called to order at 4:10 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 YLWD STAFF Director Robert R. Kiley Steve Conklin, Acting General Manager Director Michael J. Beverage MWDOC COMMITTEE MEMBER MWDOC STAFF Director Brett Barbre Rob Hunter, General Manager OCWD STAFF John Kennedy, Asst General Manager 3. PUBLIC COMMENTS None. 4. DISCUSSION ITEMS 4.1. MWD Water Supply Conditions and Outlook Director Barbre described the supply conditions, noting that MWD had 2.7 million acre-feet (MAF) in storage in 2012 and it has been drawn down to 2.37 MAF, which is still a very healthy condition for southern California. He estimated that MWD could continue to serve its demands for another 2-3 years, under current drought conditions, before they would need to call for major conservation efforts. However, with the much more difficult conditions in northerly California, we will continue to encourage conservation and careful water use by our users. Director Barbre noted that snow pack along the Colorado River basin is near average but is abysmal in the Sierra Nevada mountains. 4.2. OCWD Basin Conditions and Outlook Mr. Kennedy reported that the groundwater basin overdraft is estimated at 322,000 AF. OCWD is planning to purchase 48,000 AF of MWD full- service untreated water for basin recharge, to make it possible to increase the BPP to 72%. This will require the RA to increase to about $300/AF. 2 These values will be firmed up and approved by the OCWD Board in April for FY 2013-14. 4.3. Huntington Beach Ocean Desalination Project Mr. Kennedy reported on the Project “White Paper” that he presented to the OCWD Board and later to the Groundwater Producers. He also noted that three consultants (legal, financial, engineering) who were involved with the implementation of the Carlsbad Desal Project will be making presentations to the OCWD Board on February 19, 2014 relative to the issues facing the HB Desal Project. 4.4. Consolidation of OCWD and MWDOC Messrs. Kennedy, Barbre and Hunter (who arrived late to the meeting) commented that discussions are continuing between the two agencies concerning consolidation issues. The next meeting is scheduled for January 29, 2014. 4.5. OCWD Annexation Mr. Kennedy reported that the application for annexation is under review at LAFCO, and that LAFCO has requested comments from interested parties. 4.6. Status of OCWD Groundwater Basin Cleanup Projects Mr. Kennedy reported that the court cases are continuing for the North Basin and the South Basin projects, with no significant new developments at this time. He commented that OCWD is discussing ideas on how to get MWD out of the legal entanglement. 4.7 YLWD Well Project Mr. Conklin reported that work has started on the drilling of Well 21and that the kick-off meeting occurred last week to begin the design of the Well-Equipping and Pipeline Project. There was discussion as to the possibility of YLWD obtaining another well site on the periphery of OCWD’s recharge basin complex. Mr. Kennedy suggested that the YLWD staff discuss this with Director Yoh, who could bring this idea to the OCWD Property Management Committee in the coming months for discussion. 4.8. Future Agenda Items None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 5:15 p.m. The next YLWD-MWDOC- OCWD Joint Agency Committee meeting is scheduled to be held Tuesday, March 25, 2014 at 4:00 p.m. ITEM NO. 12.1 AGENDA REPORT Meeting Date: February 13, 2014 Subject:Meetings from February 14, 2014 - March 31, 2014 ATTACHMENTS: Name:Description:Type: BOD_-_Activities_Calendar.pdf Backup Material Backup Material Event Date Attendance by: February 2014 District Offices ClosedMon, Feb 17 Yorba Linda City CouncilTue, Feb 18Kiley UWI Spring Water ConferenceWed, Feb 19Kiley MWDOCWed, Feb 19Melton OCWDWed, Feb 19Collett UWI Spring Water ConferenceThu, Feb 20Kiley UWI Spring Water ConferenceFri, Feb 21Kiley Citizens Advisory Committee MeetingMon, Feb 24Kiley Finance-Accounting Committee MeetingMon, Feb 24Beverage/_____ Joint Committee Meeting with City of Yorba LindaTue, Feb 25Kiley/Collett OCSD Board MeetingWed, Feb 26_____ Yorba Linda Planning CommissionWed, Feb 26_____ Board of Directors Regular MeetingThu, Feb 27 Yorba Linda LMAD CACThu, Feb 27Collett March 2014 Pub Affairs-Communications-Tech Committee MeetingMon, Mar 3Collett/_____ Yorba Linda City CouncilTue, Mar 4Collett MWDOCWed, Mar 5Melton OCWDWed, Mar 5Collett Planning-Engineering-Operations Committee MeetingThu, Mar 6Melton/Beverage WACOFri, Mar 7Kiley/Hawkins Exec-Admin-Organizational Committee MeetingMon, Mar 10Kiley/Collett Personnel-Risk Management Committee MeetingTue, Mar 11Hawkins/Melton LAFCOWed, Mar 12Beverage Yorba Linda Planning CommissionWed, Mar 12_____ Board of Directors Regular MeetingThu, Mar 13 Yorba Linda LMAD CACThu, Mar 13Beverage Board of Directors Workshop MeetingMon, Mar 17 Yorba Linda City CouncilTue, Mar 18Kiley MWDOCWed, Mar 19Melton OCWDWed, Mar 19Collett Citizens Advisory Committee MeetingMon, Mar 24Kiley Finance-Accounting Committee MeetingMon, Mar 24Beverage/_____ Joint Committee Meeting with MWDOC and OCWDTue, Mar 25Kiley/Beverage Children's Water Education FestivalWed, Mar 26 OCSD Board MeetingWed, Mar 26_____ Yorba Linda Planning CommissionWed, Mar 26_____ Children's Water Education FestivalThu, Mar 27 Board of Directors Regular MeetingThu, Mar 27 Yorba Linda LMAD CACThu, Mar 27Collett 8:30AM 6:30PM 6:30PM 6:30PM 8:30AM 4:00PM 4:00PM 8:00AM 6:30PM 8:00AM 8:30AM 6:30PM 3:00PM 6:30PM 8:30AM 5:30PM 4:00PM 7:45AM 4:00PM 4:00PM 8:30AM 6:30PM 4:00PM 6:30PM 8:30AM 5:30PM 8:30AM 4:00PM 6:00PM 6:30PM 8:30AM 6:30PM 6:30PM 8:00AM 8:30AM 5:30PM 8:00AM 8:00AM Board of Directors Activity Calendar Time 7:00AM 2/6/2014 10:34:13 AM ITEM NO. 13.1 AGENDA REPORT Meeting Date: February 13, 2014 Subject:ACWA Small Hydro Workshop & Tour - March 21, 2014 STAFF RECOMMENDATION: That the Board of Directors authorize Director attendance at this event if desired. ATTACHMENTS: Name:Description:Type: ACWA_Small_Hydro_Workshop.pdf Backup Material Backup Material Approved by the Board of Directors of the Yorba Linda Water District 2/13/2014 RC/PH 5-0 EDUCATIONAL WORKSHOP: 8:00 a.m. – 12:30 p.m. Cucamonga Valley Water District Frontier Project 10435 Ashford Street, Rancho Cucamonga, CA 91730 Attendance limited to first 50 registrants Registration includes: Continental breakfast and box lunch OPTIONAL FACILITY TOUR: 12:30 p.m. – 4:30 p.m. Fontana Water Company Sandhill Small Hydro Facility 1482 W. Summit Street, Rialto, CA 92377 Attendance limited to first 40 registrants Tour is included in registration fee Questions? Please call Melanie Medina at 916.441.4545 CEM CREDIT This workshop may qualify towards the Certified Energy Manager (CEM) continuing education credit in the amount of 4.0 hours, plus an additional 1.5 hours of credit for attending the water treatment plant tour. REGISTRATION Registration is available online at WWW.ACWA.COM Registration and cancellation deadline is March 14, 2014 Registration Fee: Advantage: $89 per person Standard: $135 per person To be eligible for “Advantage” Pricing you MUST be an ACWA Public Agency member, Associate or Affiliate. HOTEL This event does not have a room block reserved. Participants are responsible for their own lodging or driving in on their own. WORKSHOP AGENDA This workshop will include programs such as: • Small Hydro Site Selection – Where to Start Looking • Small Hydro Technologies – How to Generate It • Small Hydro Permitting – How to Permit It • Small Hydro Financing – How to Pay for It (Tariffs, Grants & Subsidies) • Small Hydro Case Studies – Who Has Done It DETAILED AGENDA & TOUR SCHEDULE ON REVERSE MARCH 21, 2014ACWA SMALL HYDRO WORKSHOP & TOUR PRELIMINARY WORKSHOP AGENDA 8:00 – 8:30 a.m. Registration and Continental Breakfast 8:30 – 8:45 a.m. Opening Remarks 8:45 – 9:30 a.m. Small Hydro Site Selection – Where to Start Looking This session will focus on identification of sites within a water agency’s infrastructure where an energy recovery turbine may be suitable to include high-head, low-head, and small pumped hydro storage. Speaker: Matt Swindle, CEO, NLine Energy (ACWA Preferred Provider) 9:30 – 10:15 a.m. Small Hydro Technologies – How to Generate It This session will detail and discuss both conventional hydropower technologies and new small hydropower technologies . Speaker: David Powell, PE, NLine Energy (ACWA Preferred Provider) 10:15 – 10:30 a.m. Networking Break Meet and mingle with other water professionals and small hydro experts. 10:30 – 11:00 a.m. Small Hydro Permitting – How to Permit It This session will provide an overview of the various local, state and federal requirements to permit your facility for operation, including the California Contracting Code. Speaker: Dr. Lon House, Ph.D, Water and Energy Consulting 11:00 – 11:30 a.m. Small Hydro Financing – How to Pay for It (Tariffs, Grants & Subsidies) This session will discuss how to monetize the energy that is generated by the hydro station; available grants and subsidies; and long-term finance and contract methods. Speaker: Gene Goodenough, NLine Energy (ACWA Preferred Provider) 11:30 – 12:30 p.m. Small Hydro Case Studies – Who Has Done It Water agencies will provide an overview of their experience with small hydro projects. Speakers: Rick Hansen, General Manager, Three Valleys Municipal Water District Doug Headrick, General Manager, San Bernardino Valley Municipal Water District 12:30 p.m. Workshop Complete PRELIMINARY TOUR SCHEDULE 12:30 – 12:45 p.m. Board Tour Bus with Box Lunch 12:45 – 1:30 p.m. Arrive at Sandhill Water Treatment Plant 1:30 – 1:45 p.m. Welcome Remarks 1:45 – 3:30 p.m. Tour of Facility CDPH has approved the water treatment plant tour for 1.5 contact hours of continuing education for operator certification. 3:30 – 3:45 p.m. Load Tour Bus / Departure 4:30 p.m. Arrive back at CVWD PRELIMINARY AGENDA & TOUR SCHEDULE REGISTER ONLINE TODAY AT WWW.ACWA.COM