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Home My WebLink About2014-07-24 - Board of Directors Meeting Agenda PacketYorba Linda '"Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, July 24, 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. SPECIAL RECOGNITION 6.1. Introduction of Recently Hired or Promoted Employees Jim Scroggins, Maintenance Worker I • Jeremy Smith, Acting Safety and Training Technician 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 June 26, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,021,452.52. 7.3. Progress Payment No. 15 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 15 in the net amount of $18,402.41 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 -17B. 7.4. Final Progress Payment and Notice of Completion for Elk Mountain Surge Tank Replacement. Recommendation: That the Board of Directors approve the Final Progress Payment in the net amount of $76,190.00 to Pascal & Ludwig Constructors and authorize staff to file the Notice of Completion and release retention thirty -five days following recordation, if no liens have been filed; release the Labor and Material Bond and release the Faithful Performance Bond in one year if no defects have been found for the Elk Mountain Surge Tank Replacement. 7.5. Terms and Conditions for Water and Sewer Service with Western Pacific Housing, Inc. for Tract 17617 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Western Pacific Housing, Inc. for Tract 17617, Job No. 201409. 7.6. Terms and Conditions for Water Service with Costco Wholesale Corporation Recommendation: That the Board of Directors approve the Terms and Conditions for Water Service with Costco, Job No. J2013 -10B. 7.7. Easement Agreement with Costco Wholesale Corporation Recommendation: That the Board of Directors authorize the General Manager to approve and execute the Easement Agreement with Costco. 7.8. Acquisition Agreement for Electrical Service Easement at Well 21 Site Recommendation: That the Board of Directors approve and execute the attached Acquisition Agreement for a total lump sum of $4, 000 to be paid when a copy of the executed easement deed between OCWD and the City of Anaheim has been delivered to YLWD. 7.9. Authorization to Reimburse OCTA for Orangeview Waterline Extension Change Order Work Recommendation: That the Board of Directors authorize staff to issue a $58,474.51 check, payable to OCTA, for the Orangeview Avenue Waterline extension. 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 Response Letter Regarding Draft Bay Delta Conservation Plan Recommendation: That the Board of Directors review the draft letter and provide direction to staff. 8.2. CSDA Region 6 Election of Officers and Board Members for 2014 -2018 Term Recommendation: That the Board of Directors consider candidate nominations for the CSDA Region 6, Seat C Election. 8.3. Records Management Policy Recommendation: That the Board of Directors approve the Records Management Policy (2010 -001). 9. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District's interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 9.1. State Water Resources Control Board Emergency Regulation for Statewide Urban Water Conservation 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report 10.2. Directors' Reports 10.3. Acting General Manager's Report 10.4. General Counsel's Report 10.5. Future Agenda Items and Staff Tasks 11. COMMITTEE REPORTS 11.1. Executive - Administrative - Organizational Committee (Kiley / Collett) Minutes of the meeting held July 14, 2014 at 4:00 p.m. Next meeting is scheduled to be held August 11, 2014 at 4:00 p.m. 11.2. Finance - Accounting Committee (Hawkins / Beverage) Next meeting is scheduled to be held July 28, 2014 at 4:00 p.m. 11.3. Personnel -Risk Management Committee (Hawkins / Melton) • Minutes of the meeting held July 8, 2014 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Minutes of the meeting held July 21, 2014 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Next meeting is scheduled to be held August 12, 2014 at 4:00 p.m. 11.4. Planning- Engineering- Operations Committee (Melton / Beverage) • Minutes of the meeting held July 15, 2014 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Next meeting is scheduled to be held August 7, 2014 at 4:00 p.m. 11.5. Public Affairs - Communications - Technology Committee (Collett / Kiley) Minutes of the meeting held July 7, 2014 at 4:00 p.m. Next meeting is scheduled to be held August 4, 2014 at 4:00 p.m. 11.6. YLWD -City of Placentia Joint Agency Committee (Beverage / Melton) • Next meeting is yet to be scheduled. 11.7. YLWD -City of Yorba Linda Joint Agency Committee (Kiley / Collett) • Next meeting is scheduled to be held August 26, 2014 at 5:00 p.m. 11.8. YLWD - MWDOC -OCWD Joint Agency Committee (Kiley / Beverage) • Minutes of the meeting held July 22, 2014 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Next meeting is scheduled to be held September 23, 2014 at 4:00 p.m. 11.9. Citizens Advisory Committee (Kiley) • Next meeting is scheduled to be held July 28, 2014 at 8:30 a.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. YL LMCAC - July 10, 2014 (Beverage) 12.2. WACO - July 11, 2014 (Kiley /Hawkins) 12.3. YL City Council - July 15, 2014 (Kiley) 12.4. MWDOC Board - July 16, 2014 (Melton) 12.5. OCWD Board - July 16, 2014 (Collett) 12.6. OCSD - July 23, 2014 (Kiley) 12.7. YL Planning Commission - July 23, 2014 (Melton) 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from July 25, 2014 - August 31, 2014 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 - 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 communication received by the District. Number of Potential Cases: One 14.2. Public Employment (Recruitment) Pursuant to Section 54957 of the California Government Code Title: General Manager 15. ADJOURNMENT 15.1. A Board of Directors Workshop Meeting has been scheduled Thursday, July 31, 2014 at 8:00 a.m. The next Regular Board of Directors Meeting will be held Thursday, August 14, 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. AGENDA REPORT Meeting Date: July 24, 2014 ITEM NO. 7.1 Subject: Minutes of the Board of Directors Regular Meeting held June 26, 2014 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Description: Type: 062614 BOD - Minutes.doc Backup Material Backup Material Approved by the Board of Directors of the Yorba Linda Water District 7/24/2014 RUPH 5 -0 1 K 3 4 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, June 26, 2014, 8:30 a. m. 1717 E Miraloma Ave, Placentia CA 92870 rLCUUM Vr ALLCUTADJUM President Kiley led the pledge. ROLL CALL DIRECTORS PRESENT Robert R. Kiley, President Ric Collett, Vice President Michael J. Beverage Phil Hawkin- Gary T. Mel STAFF rrccacnl I Steve Conklin, Acting General Manager John DeCriscio, Operations Manager Gina Knight, Human Resources / Risk Manager Delia Lugo, Finance Manager Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Damon Micalizzi, Public Information Officer Cindy Botts, Management Analyst ALSO PRESENT Brett Barbre, Director, MWDSC and MWDOC Gene Hernandez, Mayor Pro Tem, City of Yorba Linda Troy Edgar, Board Chair, Orange County Sanitation District Tom Beamish, Vice Chair, Orange County Sanitation District Eddy Beltran, Partner, Kidman Law LLP ADDITIONS /DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Chairperson Edgar addressed the Board and presented a certificate of appreciation to the District from the Orange County Sanitation District (OCSD) Board of Directors for YLWD's support and cooperation in gaining the passage of SB 946. He stated that OCSD is looking forward to YLWD joining their Board of Directors. Chairperson Edgar also recognized Mayor Pro Tern Hernandez and Councilmember John Anderson from the City of Yorba Linda in regards to their efforts related to this significant accomplishment. 1 Mayor Pro Tern Hernandez addressed the Board and stated that it has been a pleasure serving on OCSD's Board of Directors and that he has enjoyed working with YLW D's Board as well. President Kiley stated that it has been a pleasure working with everyone in regards to this achievement. Director Barbre addressed the Board and stated that this was one of a few major goals he'd had wanted to accomplish since he first served on the YLWD Board of Directors 14 years ago. 6.1. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,704,290.61. 6.2. Progress Payment No. 14 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 14 in the net amount of $26,124.38 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008- A4 178. 6.3. Final Progress Payment No. 3 for Well 21 Drilling Contract Recommendation: That the Board of Directors approve Final Progress Payment No. 3 in the net amount of $96,758.45 to Bakersfield Well and Pump, Co. and 5% retention of $5,092.55; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for the Drilling of Well No. 21, Job No. 2009 -22. 6.4. Final Progress Payment No. 10 for the 2012 Waterline Replacement Project, Phase II Recommendation: That the Board of Directors approve Final Progress Payment No. 10, in the net amount of $114,180.88, to TBU Inc. and 5% retention of $6,009.52; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for the construction of the 2012 Waterline Phase 11 Project, Job No. 2011 -20. 6.5. Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 16208 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 16208, Job No. 201406. 6.6. Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17653 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17653, Job No. 201407. 6.7. Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17654 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17654, Job No. 201408. 7. ACTION CALENDAR 7.1. MWDOC Turf Removal Program Agreement Mr. Conklin explained that MWDOC's Turf Removal Program would provide a financial incentive of $2 per square foot for the removal of turf grass and replacement with drought - tolerant plants or synthetic turf. District staff in the Meter Division will be conducting both the pre -and post - inspection site visits. Director Kiley stated that the City of Yorba Linda may be interested in doing a joint turf replacement demonstration project with the District, similar to what has been done with the City of Placentia. Director Melton made a motion, seconded by Director Hawkins, to authorize the Acting General Manager to execute the Agreement for Participation in the MWDOC Turf Removal Program. Motion carried 5 -0. 3 Lro 7.2. Professional Services Agreement with Norman A. Traub Associates Mrs. Knight explained that the District had been utilizing the services of Mr. Traub to conduct background and internal investigations since 2007. Staff is requesting that the Board consider authorizing execution of an agreement to continue these services. Director Beverage made a motion, seconded by Director Hawkins, to authorize the General Manager to execute a Professional Services Agreement with Norman A. Traub Associates to provide investigative services and background checks. Motion carried 5 -0. 7.3. Liebert Cassidy Whitmore Legal Services Mrs. Knight explained that the District currently utilizes Liebert Cassidy Whitmore (LCW) for employment law related services. LCW has notified the District that its rates would be increasing effective July 1, 2014. 8.2. Directors' Reports None. 8.3. Acting General Manager's Report Mr. Conklin reported that the Board of Directors' had unanimously approved the sale of the Plumosa property. Escrow closed last week and the funds were wired to the District that Friday. Mr. Conklin then provided an update regarding various construction projects in progress including the Yorba Linda Booster Station Project, the 2012 Pipeline Replacement Project, the drilling of Well No. 21, and OCTA's Lakeview Grade Separation Project. Mr. DeCriscio reported that the Operations Department's preventative maintenance goals for the fiscal year had been accomplished. He also reported on the status of repairs for Well No. 1. 8.4. General Counsel's Report None. 8.5. Future Agenda Items and Staff Tasks None. 12 9. COMMITTEE REPORTS 9.1. Executive - Administrative - Organizational Committee (Kiley / Collett) ■ Minutes of the meeting held June 9, 2014 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held July 14, 2014 at 4:00 p.m. 9.2. Finance - Accounting Committee (Hawkins / Beverage) ■ Minutes of the meeting held June 23, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held July 28, 2014 at 4:00 p.m. 9.3. Personnel -Risk Management Committee (Hawkins / Melton) ■ Minutes of the meeting held June 10, 2014 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held July 8, 2014 at 4:00 p.m. ■ Minutes of the meeting held June 11, 2014 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held July 7, 2014 at 4:00 p.m. 9.6. Organizational Performance Review Ad Hoc Committee (Beverage / Hawkins) ■ This meeting was subsequently scheduled for June 17, 2014 at 4:00 p.m. ■ Next meeting is yet to be scheduled. 5 9.7. YLWD -City of Placentia Joint Agency Committee (Beverage / Melton) ■ Minutes of the meeting held May 12, 2014 at 10:00 a.m. will be provided at the next regular Board meeting. ■ Next meeting is yet to be scheduled. 9.8. YLWD -City of Yorba Linda Joint Agency Committee (Kiley / Collett) ■ Minutes of the meeting held June 24, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is yet to be scheduled. 9.9. YLWD - MWDOC -OCWD Joint Agency Committee (Kiley / Beverage) ■ Next meeting is scheduled to be held July 22, 2014 at 4:00 p.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. YL City Council — June 17, 2014 (Collett) Director Collett attended and commented on the FY 2014/15 mid -term budget update, the special municipal election, and the elimination of City Council pension and medical benefits which were discussed during the meeting. 10.2. MWDOC Board — June 18, 2014 (Melton) Director Melton attended and commented on the agency's response to the Orange County Grand Jury's report which was discussed during the meeting. 10.3. OCWD Board — June 18, 2014 (Collett) Director Collett attended and commented on a proposal to video record the Board of Directors meetings, the status of water usage, and the potential reduction of the Basin Production Percentage which were discussed during the meeting. YL LMCAC — June 19, 2014 (Beverage) Director Beverage attended and noted that the majority of the meeting focused on preparations for the joint workshop meeting with the City Council scheduled June 23, 2014. 10.4. YL LMCAC - June 23, 2014 (Collett) Director Collett attended and commented on the committee's mission statement, status of city subsidies, and a policy on new land development which were discussed during the meeting. I 10.5. OCSD - June 25, 2014 (Kiley) Director Kiley attended and commented on the commendation for outgoing Chairperson Troy Edgar which took place during the meeting. 10.6. YL Planning Commission - June 25, 2014 (Melton) Director Melton attended and commented on three public hearings for conditional use permits which took place during the meeting. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from June 27, 2014— July 31, 2014 The Board reviewed the activity calendar and made no changes. 12. CLOSED SESSION The meeting was adjourned to Closed Session at 9:12 a.m. All Directors were present. Also present was Mrs. Knight. The following Closed Sessions were not held Government Code (orba Linda CA Number of Potential Cases: One 12.3. Public Employment (Recruitment) Pursuant to Section 54957 of the California Government Code Title: General Manager Mrs. Knight left the Closed Session at 9:30 a.m. The Board reconvened in Open Session at 9:41 a.m. President Kiley reported that no action was taken during Closed Session that was required to be reported under the Brown Act. 7 13. ADJOURNMENT 13.1. The meeting was adjourned at 9:41 a.m. The next Regular Board of Directors Meeting will be held Thursday, July 10, 2014 at 8:30 a.m. Steven R. Conklin me N AGENDA REPORT Meeting Date: July 24, 2014 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Delia Lugo, Finance Manager Prepared By: Richard Cabadas, Accounting Assistant I Subject: SUMMARY: Budgeted: Cost Estimate: Funding Source: Dept: Reviewed by Legal: CEQA Compliance: Payments of Bills, Refunds, and Wire Transfers ITEM NO. 7.2 Yes $2,021,452.52 All Funds Finance N/A N/A 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 $2,021,452.52. DISCUSSION: The major items and wires on this disbursement list are as follows: A check of $106,698.19 to ACWA /JPIA for August 2014 medical and dental premiums; a check of $41,139.52 to City of Anaheim Utilities for Richfield and Lakeview electric fees for June 2014; a check of $58,440.95 to MWH Americas, Inc., for May and June 2014 professional services; a check of $75,841.35 to TBU Inc., for J2011 -20 retention release; a check of $260,148.00 to MWDOC for retail service connection charges for FY14/15; and a wire of $849,382.12 to MWDOC for May 2014 water purchases. The balance of $377,383.42 is routine invoices. The Accounts Payable check register total is $1,769,033.55; Payroll No. 14 is $252,418.97; and the disbursements of this agenda report are $2,021,452.52. 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: 14 -CS 0724.odf CkRea072414.odf 14 CC 0724.odf Approved by the Board of Directors of the Yorba Linda Water District 7/24/2014 RC /PH 5 -0 Description: CAP SHEET CHECK REGISTER CREDIT CARD SUMMARY Type: Backup Material Backup Material Backup Material CHECK NUMBERS: Manual Check 63774 Computer Checks 63775 -63880 WIRE: W071414 W071514 MWDOC SO. CAL EDISON TOTAL OF CHECKS & WIRES PAYROLL NO. 14: Direct Deposits Third Party Checks 5899 -5912 Payroll Taxes I fel r_wel0 9_\'1:4107" July 24, 2014 $ 171.70 $ 918,727.01 $ 918,898.71 $ 849,382.12 $ 752.72 $ 850,134.84 $ 160,329.69 $ 48,312.57 $ 43,776.71 $ 252,418.97 $1,769,033.55 $252,418.97 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $2,021,452.52 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF July 24, 2014 ------------------------------------------------------------------ ------------------------------------------------------------------ Yorba Linda Water District Check Register For Checks Dated: 07/11/2014 thru 07/24/2014 Check No. Date Vendor Name Amount Description 63792 07/24/2014 ACWA /JPIA 106,698.19 MEDICAL & DENTAL - AUGUST 2014 63793 07/24/2014 ACWA /JPIA 130.00 ACWA/JPIA ANNUAL TRAINING 63794 07/24/2014 ACWA /JPIA 24,158.00 2ND QTR 2014 WORKERS COMP CALC 63875 07/24/2014 Air Resources Board 570.00 PERMIT RENEWAL #E162 63795 07/24/2014 Aljon Graphics, Inc 471.91 LETTER HEAD PAPER 63796 07/24/2014 Annie Alexander 2,725.77 EDUCATION REIMBURSEMENT 63797 07/24/2014 Anthem Blue Cross EAP 166.32 EAP - JULY 2014 63790 07/24/2014 ANTONIO CHAVEZ 81.92 CUSTOMER REFUND 63798 07/24/2014 Apollo Technologies Inc. 430.00 WATER TREATMENT - CLOSED LOOPS 63799 07/24/2014 Aramark 314.65 UNIFORM SERVICE 63808 07/24/2014 ARC 20.00 PLANWELL DATA NETWORK- JUNE 14 63800 07/24/2014 Associated Laboratories 8,257.00 YLWD WELL 21 SAMPLING, MAY & JUNE SAMPLES 63801 07/24/2014 Autoscribe Corporation 665.50 PAYMENT VISION GATEWAY 63874 07/24/2014 Bakersfield Well & Pump Company 33,963.60 2009 -22 #21 - RETENTION RELEASE 63802 07/24/2014 Brithinee Electric 478.46 BALDOR CEM3554T 63872 07/24/2014 CalCard US Bank 1,752.08 CREDIT CARD TRANSACTIONS FOR JUNE 2014 63803 07/24/2014 CDM Smith 24,829.16 2009 -22 #21 63804 07/24/2014 Chambers Group Inc. 19,610.90 PROF. SERVICES -MARCH - JUNE14 63774 07/11/2014 Christopher Harvey 171.70 CUSTOMER REFUND 63805 07/24/2014 City Of Anaheim 41,139.52 RICHFIELD & LAKEVIEW - ELEC - JUNE 2014 63806 07/24/2014 Clinical Lab. Of San Bern. 1,805.00 LAB SAMPLES - JUNE 2014 63807 07/24/2014 Coastal Ignition & Controls 1,459.50 CHAMPION SPARK PLUGS 63809 07/24/2014 CPS Human Resource Services 918.50 MAINT. WRKR & CPS RED ANS SHT 63810 07/24/2014 Dell Marketing L.P. 999.85 VLA WINDOWS SERVER STD LIC 63811 07/24/2014 Delta Wye Electric, Inc. 8,680.77 BUILD PANEL, LABOR, ETC. 63813 07/24/2014 Dion & Sons, Inc. 4,863.51 MYSELLA MOTOR OIL 63814 07/24/2014 Employee Relations, Inc. 50.85 PRE - EMPLOYMENT BACKGROUND CHKS 63815 07/24/2014 Environmental Construction Inc 18,402.41 2008 -17B 63816 07/24/2014 Environmental Engineering & Contracting Inc. 5,061.14 PROF. SERVICES MAY 2014 63785 07/24/2014 ERIN MARTINEZ 391.26 CUSTOMER REFUND 63818 07/24/2014 EyeMed 1,371.71 EYE MED - JULY 2014 63817 07/24/2014 Fairway Ford Sales, Inc. 187.08 VEHICLE MAINTENANCE - #E112 63819 07/24/2014 Flex Advantage 283.50 FLEX ADVANTAGE - 21 MEMBERS 63820 07/24/2014 Fry's Electronics 5,115.39 COMPUTER HARDWARE /EQUIPMENT 63821 07/24/2014 Grandpoint Bank 968.55 2008 -17B 63822 07/24/2014 Graybar Electric Co 6,230.75 PLC UNITY LEVEL 2 TRAINING 63823 07/24/2014 Harris Computer Systems 1,700.00 REGISTRATION FOR HARRIS CONF. 63776 07/24/2014 HECTOR AMPUDIA 102.31 CUSTOMER REFUND 63824 07/24/2014 Infosend Inc. 4,153.18 DATA PROCESSING AND POSTAGE 63825 07/24/2014 Inland Group 4,231.41 SUMMER NEWSLETTERS 63778 07/24/2014 IVAN PINTO 77.76 CUSTOMER REFUND 63826 07/24/2014 Jackson's Auto Supply - Napa 108.38 RADIATOR HOSE, AND BELT - #178 63788 07/24/2014 KATHLEEN MORRISSEY 135.61 CUSTOMER REFUND 63783 07/24/2014 KATHLEEN WALZER 83.70 CUSTOMER REFUND 63787 07/24/2014 KELLY BYRD 140.12 CUSTOMER REFUND 63827 07/24/2014 Kidman Law 10,267.50 LEGAL SERVICES 63828 07/24/2014 Killingsworth Gear 6,934.08 REBUILT RANDOLPH G300 63829 07/24/2014 Koff & Associates, Inc 15,225.00 CREATE DRAFT CLASS DESCRIPTION 63880 07/24/2014 Koff & Associates, Inc 5,607.72 ORG STUDY CONF. CALL, GM ADS 63830 07/24/2014 Layne Christensen Company 28,101.44 BOOSTER PUMP - INSTALL & START 63831 07/24/2014 Lee & Ro, Inc. 2,920.00 2008 -17B 63832 07/24/2014 Liebert Cassidy Whitmore 892.50 PROF. SVCS - LEGAL SERVICES 63779 07/24/2014 MARTIN VAN ASCH 32.78 CUSTOMER REFUND 63834 07/24/2014 Mc Fadden -Dale Hardware 236.09 HARDWARE SUPPLIES 63835 07/24/2014 Mc Master -Carr Supply Co. 146.48 AL STEP STOOL - E112 & HARDWARE SUPPLIES 63777 07/24/2014 MICHAEL ROWLEY 118.85 CUSTOMER REFUND 63836 07/24/2014 Minuteman Press 420.12 IMPORTANT NOTICE DOOR HANGERS 63833 07/24/2014 MSA Company LLC c/o Mag Systems, Inc. 2,374.90 GAS MONITOR INFRARED SENSOR 63876 07/24/2014 Municipal Water District 260,148.00 RETAIL SVC CONN CHARGE 14/15 W071414 07/14/2014 Municipal Water District 849,382.12 MWDOC WTR PURCHASE - MAY2014 63838 07/24/2014 Murcal, Inc. 345.21 HEGO CABLE - HIGHLAND #1 63839 07/24/2014 Muzak LLC 72.43 MUZAK SVC - JULY 2014 63840 07/24/2014 MWH Americas, Inc. 58,440.95 2010-11B - PROFESSIONAL SERVICES - MAY & JUNE 2014 63841 07/24/2014 NatPay Online Business Solutions 44.70 DOCULIVERY - MAY & JUNE 2014 63842 07/24/2014 Nickey Kard Lock Inc 6,949.73 FUEL - 06115/14 - 06/30/214 63780 07/24/2014 NICOLE KWASIGROCH 144.51 CUSTOMER REFUND 63791 07/24/2014 NORRIS GROUP COMMUNITY REINVESTMENT 273.78 CUSTOMER REFUND 63844 07/24/2014 O.C. Driveline 689.48 MAINTENANCE - PARTS 63843 07/24/2014 Occu -Med, Ltd. 246.50 OUT OF AREA EXAM - A. THOMAS 63845 07/24/2014 Office Solutions 523.96 OFFICE SUPPLIES 63846 07/24/2014 Orange County - Tax Collector 23,438.26 PERMIT #2014 -00474 & 00475 & FY14/15 LAFCO AB2838 63847 07/24/2014 Orange County Water District 2,127.18 ANNEX & ACREAGE FEE 63848 07/24/2014 OUR FIRST AID COMPANY 173.99 FIRST AID SUPPLIES 63781 07/24/2014 P N MEHTA 168.62 CUSTOMER REFUND 63849 07/24/2014 Pacific Communications Tech 1,848.39 INSTALL NEW RADIO EQUIP 63850 07/24/2014 Praxair Distribution 281.41 SPEC MD ALUM 100 -200 63784 07/24/2014 PREEMINENT INVESTMENT CORP 460.46 CUSTOMER REFUND 63851 07/24/2014 Prudential Group Insurance 3,560.09 INSURANCEOLIFE /ADD /LTD &STD 63852 07/24/2014 Public Relations Society of America 660.00 PRSA MEMBERSHIP - D. MICALIZZI & D. BOTTS 63853 07/24/2014 RACHEL PADILLA 75.56 PETTY CASH - OFFICE 63854 07/24/2014 Raftelis Financial Consultants, Inc. 5,000.00 YWLD 2014 FIN. PLAN UPDATE 63855 07/24/2014 Red Wing Shoe Store - Orange 207.36 BOOT ALLOWANCE - N. DALTON 63856 07/24/2014 RKI Engineering, LLC 17,300.00 PROGRAMMING WELL 20 & PASO FIN 63857 07/24/2014 SC Prime Source Inc. 4,911.48 JANITORIAL SERVICE JULY 2014 63873 07/24/2014 Schorr Metals, Inc. 62.05 SURPLUS STEEL - FAIRMONT 2 63877 07/24/2014 Security Solutions 1,229.98 RICHFIELD & PLUMOSA - FIRE /BURGLAR ALARM 63782 07/24/2014 SERGIO PEDROZA 24.61 CUSTOMER REFUND 63858 07/24/2014 Shred -It USA Inc 113.66 SHRED ON SITE SERVICES 63859 07/24/2014 South Coast AQMD 1,736.93 EMISSIONS FEE INSTALLMENTS W071514 07/15/2014 Southern Calif Edison Co. 752.72 6115, 6354 & 4959 - JUNE 2014 63865 07/24/2014 St.Jude Hospital Yorba Linda 145.00 DRUG SCREEN DOT 63861 07/24/2014 Stantec Consulting Services Inc. 13,149.00 2009 -22 #21 63860 07/24/2014 State Chemical Manufacturing 234.64 Receivings Transaction Entry 63863 07/24/2014 Step Saver Inc 556.42 COURSE SALT - 3840 LBS 63786 07/24/2014 STEPHEN MASSIEN 161.97 CUSTOMER REFUND 63864 07/24/2014 Steven Engineering 1,791.59 SCHNEIDER TELEFAST 2 MODULE 63862 07/24/2014 Steven Enterprises 104.42 20LB ENGINEERING BOND 36X500 63866 07/24/2014 Superior Water Technologies 1,125.00 ACID WASH - RESET PARAMETERS 63867 07/24/2014 TBU Inc 75,841.35 2011 -20 - RETENTION RELEASE 63868 07/24/2014 Time Warner Cable 1,114.62 BCF FIBER I -NET 63869 07/24/2014 Townsend Public Affairs, Inc. 5,000.00 CONSULTING SVC - JULY 2014 63870 07/24/2014 Underground Service Alert 226.50 YLWD TICKET FEES - DIG ALERT 63775 07/24/2014 WADE KIRCHMEYER 15.20 CUSTOMER REFUND 63871 07/24/2014 Walters Wholesale Electric Co. 23.69 INBOUND FREIGHT 63879 07/24/2014 Westside Building Material 67.71 CHIP BRUSH 63812 07/24/2014 White Nelson Diehl Evans LLP 4,275.00 INTERIM BILLING- FINANCIAL STATEMENT 06/30/14 63837 07/24/2014 Wonderware West 16,172.91 HISTORIAN 2014 & SUPPORT 63878 07/24/2014 Yorba Linda Hardware 114.23 HARDWARE SUPPLIES 63789 07/24/2014 YUNG -CHI HUANG 85.80 CUSTOMER REFUND 1,769,033.55 Cal Card Credit Card U S Bank 6/09/14- 6/30/14 Date Vendor Name Amount Description 06/09/14 Accessorygeeks.com 45.68 Leather pouches for Galaxy S3 and Evo 4 06/23/14 MWDOC 300.00 Registration for MWDOC water policy forum. 06/25/14 Stefanos Golden Baked Hams 219.00 Hosted Orange County Human Resources Qtrly Meeting 06/25/14 HOME DEPOT 227.47 Lumber & Hardware for Water Trailer 06/25/14 BEST BUY 485.95 Printer and Toner 06/30/14 All Spectrum Electronics 99.75 Universal regulated switching power supply 06/30/14 Fitness Grill 64.93 Lunch meeting with Khanh - Raftelis Financial 06/30/14 HARRIS COMPUTER CORPORATION 309.30 Registration for Harris Training Conference. TOTAL 1,752.08 Meeting Date To: From: Presented By Prepared By: Subject: SUMMARY: AGENDA REPORT July 24, 2014 Board of Directors Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Budgeted: Total Budget: Cost Estimate: Funding Source Account No: Job No: Dept: Reviewed by Legal: Joe Polimino, Project Engineer CEQA Compliance: ITEM NO. 7.3 Yes $2.6M $2.3M All Water Funds 101 -2700 200817B Engineering No MND Progress Payment No. 15 for the Yorba Linda Blvd Pump Station Project Work is continuing on the construction of the Yorba Linda Blvd Pump Station Project. The project consists of three electric motor driven vertical turbine pumps, flow control valves, a motor control center, various yard piping and a new masonry block building. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 15 in the net amount of $18,402.41 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 -17B. DISCUSSION: In accordance with the contract documents, ECI, Inc. submitted a request for Progress Payment No. 15, in the amount of $19,370.96 for completed work through June 30, 2014. During this period, the contractor continued work on electrical installations, completed hydrotest and disinfection of piping and completed the landscaping. They also continued work on painting, irrigation controls, pressure gauges, switch assemblies and various SCADA controls. The status of the construction contract with ECI, Inc. is as follows: • The current contract is $1,607,050.37 and 463 calendar days starting April 1, 2013 (includes Change Order No.1 and No. 2 which added $25,871.37 and 98 calendar days). • If approved, Progress Payment No. 15 is $19,370.96 (1.2% of the total contract amount), less 5% retention of $968.55 for a net payment of $18,402.41. • If approved, total payments to date including retention will be $1,541,895.97 (95.9% of the total contract amount). • As of June 30, 2014, 456 calendar days were used (98.4% of the contract time). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 15 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): On December 20, 2012, the Board of Directors authorized the President and Secretary to execute a construction agreement between Environmental Construction, Inc. (ECI), and the Yorba Linda Water District for the Construction of the Yorba Linda Blvd Pump Station Project in the amount of $1,581,179.00. The Board of Directors has approved fourteen progress payments to date, the last of which was approved on June 26, 2014. ATTACHMENTS: Description: Type: ECI YL Blvd. PS Progress Pay Request 15.odf ECI Progress Payment No. 15, YL Blvd. Pump Station Backup Material Approved by the Board of Directors of the Yorba Linda Water District 7/24/2014 RC /PH 5 -0 YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Yorba Linda Blvd. Pump Station PROGRESS PAY REQUEST NO. 015 LOCATION Yorba Linda, CA PROJECT NO. 200817B PAGE 1 OF 1 PAGES CONTRACTOR Environmental Construction Inc. DATE 7114114 ORIGINAL CONTRACT AMOUNT: $ 1,581,179.00 AUTHORIZED CHANGE ORDERS: $ 25,871.37 REVISED CONTRACT AMOUNT: $ 1,607,050.37 PAY ESTIMATE FOR PERIOD VALUE OF WORK COMPLETED CHANGE ORDER WORK COMPLETED TOTAL VALUE OF WORK COMPLETED LESS RETENTION 5% LESS OTHER DEDUCTIONS NET EARNED TO DATE LESS AMOUNT PREVIOUSLY PAID BALANCE DUE THIS ESTIMATE NOTICE TO PROCEED COMPLETION TIME APPROVED TIME EXTENSIONS TOTAL CONTRACT TIME TIME EXPENDED TO DATE TIME REMAINING REQUESTED BY: i 4 Mike RECOMMENDED: 4 June 1, 2014 PREVIOUS TO June 30, 2014 THIS MONTH TO DATE $ 1,497,162.60 $ 18,862.00 $ 1,516,024.60 $ 25,362.41 $ 508.96 $ 25,871.37 1 1,522,525.01 $ 19,370.96 $ 1,541,895.97 $ 1,446,398.76 $ 18,402.41 $ 1,464,801.17 Electronic Wire Fees $ 1,464,801.17 $ 1,446,398.76 Is 18.402.41 April 1, 2013 365 CALENDAR DAYS 98 CALENDAR DAYS 463 CALENDAR DAYS CALENDAR DAYS CALENDAR DAYS DATE: —1 DATE: APPROVED BY: DATE: Steve Conklin, Engineering Manager, YLWD ITEM NO. 7.4 AGENDA REPORT Meeting Date: July 24, 2014 Budgeted: Yes Total Budget: $100,000 To: Board of Directors Cost Estimate: $80,200 Funding Source: Water Capital Reserves From: Steve Conklin, Acting General Manager Job No: J2013 -12 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Anthony Manzano, Senior CEQA Compliance: Exempt Project Manager Subject: Final Progress Payment and Notice of Completion for Elk Mountain Surge Tank Replacement. SUMMARY: Work is complete for the Elk Mountain Surge Tank Replacement. Submitted for consideration is Final Progress Payment and request for authorization to file the Notice of Completion. In accordance with Contract Documents, Pascal & Ludwig Constructors submitted final progress payment for a net payment of $76,190.00. STAFF RECOMMENDATION: That the Board of Directors approve the Final Progress Payment in the net amount of $76,190.00 to Pascal & Ludwig Constructors and authorize staff to file the Notice of Completion and release retention thirty -five days following recordation, if no liens have been filed; release the Labor and Material Bond and release the Faithful Performance Bond in one year if no defects have been found for the Elk Mountain Surge Tank Replacement. DISCUSSION: The Elk Mountain Surge Tank is located in the below -grade Elk Mountain Booster Pump Station, northeast of Camino De Bryant and Elk Mountain Way in the City of Yorba Linda. The old surge tank was 24 -years old with an air compressor that could not be repaired and was never certified. Because it was older and uncertified, our insurance carrier would not provide coverage if surge damage was created because this facility did not properly work. The new surge tank remedies this problem. If approved, the Final Progress Payment is $76,190.00 (100% of contract amount, less 5% retention of $4,010.00 for a net payment of $76,190.00). Staff reviewed the contractor's final progress payment and recommends approval. A copy of the Final Progress Payment is attached for reference. STRATEGIC PLAN: SR 3 -A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011 -2015 with adopted amendments PRIOR RELEVANT BOARD ACTION(S): On December 23, 2013, the Board of Directors awarded the Construction Contract for the Elk Mountain Surge Tank Replacement for $80,200 to Pascal & Ludwig Constructors. ATTACHMENTS: Description: Type: PP1 (Final) P L 07- 14- 14.odf J201312 Progress Payment Report 1 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 7/24/2014 RC /PH 5 -0 YORBA LINDA WATER DISTRICT PROGRESS PAYMENT REPORT PROJECT _Elk Mountain Surge Tank Replacement PROGRESS PAY REQUEST NO. 1 (Final) LOCATION Yorba Linda, CA PROJECT NO. 201312 PAGE 1 OF 1 PAGES CONTRACTOR Pascal & Ludwig Constructors DATE July 10, 2014 ORIGINAL CONTRACT AMOUNT: S 80,200.00 AUTHORIZED CHANGE ORDERS: S REVISED CONTRACT AMOUNT: $ 80,200.00 PROGRESS PAY ESTIMATE FOR PERIOD May 13, 2014 TO PREVIOUS VALUE OF WORK COMPLETED $ S CHANGE ORDER WORK COMPLETED $ S TOTAL VALUE OF WORK COMPLETED $ S LESS RETENTION 5% LESS OTHER DEDUCTIONS Electronic Wire Fees NET EARNED TO DATE LESS AMOUNT PREVIOUSLY PAID BALANCE DUE THIS ESTIMATE NOTICE TO PROCEED COMPLETION TIME APPROVED TIME EXTENSIONS TOTAL CONTRACT TIME TIME EXPENDED TO DATE TIME REMAINING REQUESTED BY: RECOMMENDED: May 13, 2014 60 CALENDAR DAYS 0 CALENDAR DAYS 60 CALENDAR DAYS 58 CALENDAR DAYS 2 CALENDAR DAYS July 10. 2014 TO DATE .00 S 80.200. - S .00 $ 80.200. $ 4.010. $ 76,190.00 $ 76.190.00 DATE: DATE: 7 r I z C APPROVED BY: DATE; Steve Conklincti , Acting General Manager, YLWO ITEM NO. 7.5 AGENDA REPORT Meeting Date: July 24, 2014 Budgeted: N/A To: Board of Directors Funding Source: Developer Funded From: Steve Conklin, Acting General Account No: 1/2 -2600 Manager Job No: 201409 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Ariel Bacani, Engineering CEQA Compliance: N/A Technician II Subject: Terms and Conditions for Water and Sewer Service with Western Pacific Housing, Inc. for Tract 17617 SUMMARY: Western Pacific Housing, Inc. (dba D.R. Horton) is proposing to redevelop an existing medical office park into housing Tract 17617, consisting of 80 three -story townhome residential units on 4.08 acres. The project is located at the northeast corner of Prospect Avenue and Yorba Linda Boulevard, within the City of Yorba Linda, as shown in the attached exhibit. STAFF RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Western Pacific Housing, Inc. for Tract 17617, Job No. 201409. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee discussed this matter at its July 15, 2014 meeting and supports staff's recommendation. DISCUSSION: The District has existing Zone 2 water pipelines in Prospect Avenue and Yorba Linda Boulevard, which are adequate in size and of sufficient pressure to serve the project site. Staff requires the applicant to loop the proposed onsite public water system into Prospect Avenue and Yorba Linda Boulevard for water circulation and redundancy. In addition, Regulus Drive and Foley Drive shall also be looped to remove water quality issues related to dead -end lines. The project is located within Drainage Area "2" of the District's Sewer Service Area. The District has an existing 10 -inch sewer main in Yorba Linda Boulevard that is adequate in size to serve the project. Staff requires the applicant to connect the proposed onsite public sewer system into this higher capacity main. The Terms and Conditions for Water and Sewer Service with Western Pacific Housing, Inc. for Tract 17617 are attached for your consideration. ATTACHMENTS: Name: Description: 201409 T C.doc Type: Terms & Conditions for Water & Sewer Service with Western Pacific Housing, Inc. for Tract 17617 Agreement 201409 Exhibit.pdf Exhibit of Proposed Water & Sewer Improvements for Exhibit Western Pacific Housing, Inc. Tract 17617 Approved by the Board of Directors of the Yorba Linda Water District 7/24/2014 RC /PH 5 -0 Date: JULY 24, 2014 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER AND SEWER SERVICE NAME OF APPLICANT: WESTERN PACIFIC HOUSING, INC. (dba D.R. HORTON) LOCATION OF PROJECT: NORTHEAST CORNER OF PROSPECT AVE. AND YORBA LINDA BLVD. TRACT NUMBER: 17617 JOB NUMBER: 201409 UNIT(S): 80 The applicant will be required to complete to the satisfaction of the District the following items that have an "X" following the number. 1) X The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) X The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 1 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. I. 4) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 2 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. 2. 5) X The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 6) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. Page 2 of 5 NAME OF APPLICANT: WESTERN PACIFIC HOUSING, INC. (dba D.R. HORTON) LOCATION OF PROJECT: TRACT 17617 - NORTHEAST CORNER OF PROSPECT AVE. & YORBA LINDA BLVD. 7) X The applicant shall dedicate or obtain all easements deemed necessary by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 8) X The applicant shall provide the District with a copy of the Recorded Tract/Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 9) X The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. 10) X The applicant shall furnish the District with a 24 -hour emergency telephone number prior to the District's approval of the construction plans. 11) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 12) X The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 13) X The applicant shall provide per the District specifications one complete set of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or later) for the Water facilities. 14) X The applicant shall complete an Application to and Agreement for Water Service. 15) X The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 16) X The applicant shall pay meter fees associated with the installation of radio read meters for this project. 17) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 18) X The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. Page 3 of 5 NAME OF APPLICANT: WESTERN PACIFIC HOUSING, INC. (dba D.R. HORTON) LOCATION OF PROJECT: TRACT 17617 - NORTHEAST CORNER OF PROSPECT AVE. & YORBA LINDA BLVD. 19) X The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan and the District's Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 20) X The applicant's water facilities (on -site) shall be District owned and maintained. 21) X The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test. A District representative shall be present to witness the flow test. 22) X The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 23) X The applicant shall install one 1 water Sampling Station(s) in conformance with the District's Standard Plans. 24) X The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 25) X The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 26) X All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 27) X The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 28) X The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 29) X The applicant shall adjust and raise to grade all valve covers within the limits of this project. 30) X The applicant shall install a pressure regulator in all dwellings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 31) X The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to serve the new dwellings. 32) X The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. Page 4 of 5 NAME OF APPLICANT: WESTERN PACIFIC HOUSING, INC. (dba D.R. HORTON) LOCATION OF PROJECT: TRACT 17617 - NORTHEAST CORNER OF PROSPECT AVE. & YORBA LINDA BLVD. 33) X The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 34) X The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly prior to the water meters being turned on for service. 35) X The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 36) X The applicant shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District's Backflow Prevention Program and the State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross - Connections. 37) The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 38) X The applicant shall complete an Application to and Agreement for Sewer Service. 39) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Sanitary Sewer Service. 40) X The applicant shall pay all of the sewer fees as required by the Rules and Regulations of the District. 41) X The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan and Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 42) X The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 43) X The applicant's sewer facilities (on -site) shall be District owned and maintained. 44) X The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District's Plans and Specifications. 45) X The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. Page 5 of 5 NAME OF APPLICANT: WESTERN PACIFIC HOUSING, INC. (dba D.R. HORTON) LOCATION OF PROJECT: TRACT 17617 - NORTHEAST CORNER OF PROSPECT AVE. & YORBA LINDA BLVD. 46) X The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 47) X The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. ND OF STANDARD TERMS AND CONDITIONS PROJECT SPECIFIC TERMS AND CONDITIONS 48) X The applicant shall loop the proposed onsite public water system into the existing water main pipelines at Prospect Avenue, Yorba Linda Boulevard, Regulus Drive and Foley Drive, per approved plans and District Specifications. I hereby certify that the foregoing Terms and Conditions were approved at the July 24, 2014 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Application To and Agreement with the Yorba Linda Water District for Water and Sewer Service is not executed for the project under consideration. Steve Conklin, P.E., Acting General Manager LLI I I >e >e ]] ]fi ]s 74 ]a n 71 EX. 6" WATERLINE Z I. I, 4 — — — — — ° REGULUS DRIVE � I I I fi0 GI 62 63 fi0 fi5 fi fib W I 8 � fi9 PROPOSED WATER I I 57 56 55 50 53 52 51 50 49 8 W I II W I �' 16 38 38 40 41 42 43 44 45 46 I� 11 V 2 EX. 6" WATERLINE W I I I EX. FH NVE O I 14 PROPOSED SEWER FOLEY w DRIVE CL I� I � - - , I 15 I 35 36 33 32 31 30 29 28 27 I. I� 18 ® 17 18 19 20 21 22 23 20 25 I I I. l II I EX. 10" SEWERLINE EX. 14 " WATERLINE —.v.. I W..— ..W..— ..w.._..w.. W.. ..w. - - -w.. w.. .. w.. w.. . ,,,,;_— — -- — — — — — — — L---- - - - - -- YORBA LINDA BLVD. II I JEFFERSON STREET LOCATION MAP PREPARED BY: SCALE: EXHIBIT N.T.S. YORBA LINDA WATER DISTRICT DATE: PROPOSED WATER & SEWER FACILITIES 6/18/2014 1717 E. MIRALOMA AVENUE FOR TRACT 17617 PLACENTIA, CALIFORNIA 92870 WESTERN PACIFIC HOUSING, INC. FILENAME: (714) 701 -3000 J- 201409 i I! �I 2 I LLI I I >e >e ]] ]fi ]s 74 ]a n 71 EX. 6" WATERLINE Z I. I, 4 — — — — — ° REGULUS DRIVE � I I I fi0 GI 62 63 fi0 fi5 fi fib W I 8 � fi9 PROPOSED WATER I I 57 56 55 50 53 52 51 50 49 8 W I II W I �' 16 38 38 40 41 42 43 44 45 46 I� 11 V 2 EX. 6" WATERLINE W I I I EX. FH NVE O I 14 PROPOSED SEWER FOLEY w DRIVE CL I� I � - - , I 15 I 35 36 33 32 31 30 29 28 27 I. I� 18 ® 17 18 19 20 21 22 23 20 25 I I I. l II I EX. 10" SEWERLINE EX. 14 " WATERLINE —.v.. I W..— ..W..— ..w.._..w.. W.. ..w. - - -w.. w.. .. w.. w.. . ,,,,;_— — -- — — — — — — — L---- - - - - -- YORBA LINDA BLVD. II I JEFFERSON STREET LOCATION MAP PREPARED BY: SCALE: EXHIBIT N.T.S. YORBA LINDA WATER DISTRICT DATE: PROPOSED WATER & SEWER FACILITIES 6/18/2014 1717 E. MIRALOMA AVENUE FOR TRACT 17617 PLACENTIA, CALIFORNIA 92870 WESTERN PACIFIC HOUSING, INC. FILENAME: (714) 701 -3000 J- 201409 AGENDA REPORT Meeting Date: July 24, 2014 ITEM NO. 7.6 To: Board of Directors Funding Source: Developer Funded From: Steve Conklin, Acting General Manager Job No: J2013 -10B Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Ricardo Hipolito Jr., Engineering CEQA Compliance: N/A Tech II Subject: Terms and Conditions for Water Service with Costco Wholesale Corporation SUMMARY: Costco Wholesale Corporation ( Costco) is requesting approval to relocate an onsite public fire hydrant and potable water service, in addition to installing a new irrigation service for their property located at the northeast corner of Mirage Street and Savi Ranch Parkway. It is District policy to process this type of request through developed Terms and Conditions for Water Service. An exhibit depicting the location of the project is attached for your reference. STAFF RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Water Service with Costco, Job No. J2013 -10B. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee discussed this matter at its July 15, 2014 meeting and supports staff's recommendation. DISCUSSION: Costco is planning to construct a gas station within their existing parking lot. Costco representatives received permission from the City of Yorba Linda to vacate a portion of Mirage Street to allow for the addition of a gas station. A portion of the future vacated street will include parking lot improvements over the District's existing 16 -inch waterline that supplies water to Costco and portions of SAVI Ranch. The proposed parking lot improvements conflict with an existing District fire hydrant. The District will require relocation of the fire hydrant with proper clearance and an updated wet barrel model in accordance with District Standards and Specifications. The applicant is also conditioned to provide a plan approved by Orange County Fire Authority for the proposed fire hydrant relocation. Additionally, the applicant is required to install two water services and abandon the existing water service as shown in the attached exhibit. The Terms and Conditions with Costco, for the relocation water service and fire hydrant, Job 2013- 10B are attached for your consideration. ATTACHMENTS: Name: 2013 -10B T C.pdf 2013 -10B Exhibit.pdf Approved by the Board of Directors of the Yorba Linda Water District 7/24/2014 RC /PH 5 -0 Description: Terms & Conditions for Water Service with Costco Exhibit of Proposed Water Improvements for Costco Type: Backup Material Backup Material Date: JULY 24, 2014 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER AND SEWER SERVICE NAME OF APPLICANT: COSTCO WHOLESALE CORPORATION LOCATION OF PROJECT: NORTHEAST CORNER OF MIRAGE STREET AND SAVI RANCH PARKWAY TRACT NUMBER: N/A JOB NUMBER: 2013 -10B LOT(S): 1 The applicant will be required to complete to the satisfaction of the District the following items that have an "X" following the number. 1) X The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) X The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 1 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. I. 4) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 2 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. 2. 5) X The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 6) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. Page 2 of 5 NAME OF APPLICANT: COSTCO WHOLESALE CORPORATION LOCATION OF PROJECT: NORTHEAST CORNER OF MIRAGE STREET. & SAVI RANCH PARKWAY. 7) X The applicant shall dedicate or obtain all easements deemed necessary by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 8) X The applicant shall provide the District with a copy of the Recorded Tract /Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 9) The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. 10) X The applicant shall furnish the District with a 24 -hour emergency telephone number prior to the District's approval of the construction plans. 11) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 12) X The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 13) X The applicant shall provide per the District specifications one complete set of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or later) for the Water facilities. 14) X The applicant shall complete an Application to and Agreement for Water Service. 15) X The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 16) X The applicant shall pay meter fees associated with the installation of radio read meters for this project. 17) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 18) X The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. Page 3 of 5 NAME OF APPLICANT: COSTCO WHOLESALE CORPORATION LOCATION OF PROJECT: NORTHEAST CORNER OF MIRAGE STREET. & SAVI RANCH PARKWAY. 19) X The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan and the District's Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 20) X The applicant's water facilities (on -site) shall be District owned and maintained. 21) X The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test. A District representative shall be present to witness the flow test. 22) X The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 23) The applicant shall install one 1 water Sampling Station(s) in conformance with the District's Standard Plans. 24) X The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 25) X The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 26) X All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 27) X The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 28) X The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 29) X The applicant shall adjust and raise to grade all valve covers within the limits of this project. 30) The applicant shall install a pressure regulator in all dwellings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 31) The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to serve the new dwellings. 32) The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. Page 4 of 5 NAME OF APPLICANT: COSTCO WHOLESALE CORPORATION LOCATION OF PROJECT: NORTHEAST CORNER OF MIRAGE STREET. & SAVI RANCH PARKWAY. 33) X The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 34) X The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly prior to the water meters being turned on for service. 35) The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 36) X The applicant shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District's Backflow Prevention Program and the State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross - Connections. 37) The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 38) The applicant shall complete an Application to and Agreement for Sewer Service. 39) The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Sanitary Sewer Service. 40) The applicant shall pay all of the sewer fees as required by the Rules and Regulations of the District. 41) The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan and Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 42) The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 43) X The applicant's sewer facilities (on -site) shall be District owned and maintained. 44) The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District's Plans and Specifications. 45) X The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. Page 5 of 5 NAME OF APPLICANT: COSTCO WHOLESALE CORPORATION LOCATION OF PROJECT: NORTHEAST CORNER OF MIRAGE STREET. & SAVI RANCH PARKWAY. 46) The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 47) The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. (END OF STANDARD TERMS AND CONDITIONS) PROJECT SPECIFIC TERMS AND CONDITIONS 48) X The applicant shall install one new hydrant line and wet - barrel fire hydrant and two water services and abandon the existing fire hydrant and water service, per approved plans and District Specifications. I hereby certify that the foregoing Terms and Conditions were approved at the July 24, 2014 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Application To and Agreement with the Yorba Linda Water District for Water and Sewer Service is not executed for the project under consideration. Steve Conklin, P.E., Acting General Manager i ' ,sr i a t<% Jw or CIO i gyp( PROPOSED 2" WATER / SERVICE lool /� EXISTING COSTCO WHOLESALE WAREHOUSE PROJE SITE OLD VICINITY MAP EXISTING 2" WATER EXISTING FIRE HYDRANT SERVICE TO BE ABANDONED \ TO BE ABANDONED VOL PROPOSED NEW LJ� FIRE HYDRANT 1 -1/2" WATER c SERVICED LOCATION MAP PREPARED BY: EXHIBIT SCALE: N.T.S. YORBA LINDA WATER DISTRICT PROPOSED GAS STATION DATE: 1717 E. MIRALOMA AVENUE FOR 07/24/2014 PLACENTIA, CALIFORNIA 92870 COSTCO WHOLESALE CORPORATION FILENAME: (714) 701 -3100 J- 2013 -10B AGENDA REPORT Meeting Date: July 24, 2014 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Budgeted: Cost Estimate: Funding Source: Account No: Job No: Dept: ITEM NO. 7.7 No $0 N/A 101 -2700 J2013 -10 Engineering Reviewed by Legal: Yes Prepared By: Anthony Manzano, Senior CEQA Compliance: N/A Project Manager Subject: Easement Agreement with Costco Wholesale Corporation SUMMARY: An Easement Agreement was negotiated with Costco Wholesale Corporation ( Costco) to allow Costco to vacate a portion of Mirage Street and add parking lot improvements over the District's existing waterline, in exchange for Costco granting an easement to allow the District to lawfully operate and maintain the waterline facilities. The street vacation and parking lot improvements are required to allow Costco to expand its operations by adding a gas station. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to approve and execute the Easement Agreement with Costco. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee discussed this matter at its July 15, 2014 meeting and supports staff's recommendation. DISCUSSION: Costco representatives received permission from the City of Yorba Linda to vacate a portion of Mirage Street to allow for the addition of a gas station. A portion of the future vacated street will include parking lot improvements over an existing District potable waterline that supplies water to Costco and a large portion of SAVI Ranch. Costco representatives contacted District staff to request permission to add parking lot improvements over the existing District waterline, without relocating the waterline. Because of Costco's proposed change in property use, from a public street to a parking lot, staff recommended that Costco grant the District an easement with language, similar to a declaration of restrictive covenants, that would protect the existing waterline facilities from damage while allowing for maintenance access without the District being required to restore parking lot surface (above grade) improvements. Staff also recommended, and Costco agreed to, reimbursing the District for staff and attorney fees for developing the Easement Agreement (Agreement). Proposed terms and conditions for the Agreement were negotiated between District and Costco staff, and were modified by legal counsel of the two entities. A copy of the proposed Agreement is attached for review. Key items in the Agreement are summarized as follows: • District will keep its lawful right to operate and maintain the waterline. • Costco is required to coordinate any surface improvements with the District and any improvements shall not interfere with, damage, obstruct, or disturb District facilities. • Costco agrees not to place delivery trucks containing merchandise within the easement area, and not to park any vehicles weighing over 100,000 lbs. in the easement area. • Costco agrees to fully indemnify and hold harmless the District, its officers, Directors, employees and agents. STRATEGIC PLAN: SR 3 -A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011 -2015 with adopted amendments ATTACHMENTS: Name: Costco Easement Agreement 140613 - SIGNED COSTCO.odf Approved by the Board of Directors of the Yorba Linda Water District 7/24/2014 RC/PH 5 -0 Description: Costco Easement Agreement Type: Backup Material RECORDING REQUESTED BY: Yorba Linda Water District WHEN RECORDED, MAIL TO: YORBA LINDA WATER DISTRICT Attention: Steve Conklin P.O. Box 309 Yorba Linda, California 92885 -0309 Free government recording pursuant to government code Sec. 6103 and 27383 and exempt from tax pursuant to Revenue and Tax Code Sec. 11922 THIS SPACE FOR RECORDER'S USE ONLY EASEMENT AGREEMENT This Easement Agreement ( "Agreement") is entered into on 2014 by and between Costco Wholesale Corporation, a Washington corporation ( "Costco ") and the Yorba Linda Water District, a public agency of the State of California ( "YLWD "). RECITALS A. WHEREAS, YLWD lawfully operates and maintains a water pipeline and appurtenances (collectively, the "Facilities ") in public right of way in Mirage Street, located in the City of Yorba Linda; B. WHEREAS, Costco operates a Costco Wholesale store located at 22633 Savi Ranch Parkway in the City of Yorba Linda ( "Costco Store "); C. WHEREAS, Costco desires to expand its operations at the Costco Store by adding a gas station; D. WHEREAS, in order to permit the Costco expansion, the City of Yorba Linda has agreed to vacate Mirage Street, a portion of which overlays YLWD's Facilities. The vacated portion of Mirage Street will become the property of Costco. The street vacation will not extinguish YLWD's right to lawfully operate and maintain its Facilities in their current location; E. WHEREAS, Costco's proposed change in property use overlaying YLWD's Facilities could interfere with YLWD's lawful use of its right of way and YLWD could prevent Costco from constructing interfering improvements, but the parties have agreed to a solution to allow both YLWD's continued subsurface use and Costco's proposed use; F. WHEREAS, Costco desires to grant, and YLWD is willing to accept, an easement ( "Easement "), as described below in Section 1, for its Facilities in place of its current lawful right to operate and maintain the Facilities in the public right of way, provided that Costco's improvements do not interfere with YLWD continued use, operation and maintenance of the Facilities; NOW, THEREFORE, incorporating the above recitals, YLWD and Costco declare and agree as follows: 1. Grant of Easement. Costco, owner of the real property described and depicted in Exhibit A and B, respectively, attached hereto and incorporated herewith, (the "Easement Area "), does hereby grant to YLWD perpetual easements in, on, over, under, across and through the Easement Area to install, construct, reconstruct, remove and construct underground parallel lines, inspect, maintain, repair, replace, improve, relocate and remove an underground pipeline or pipelines with incidental appurtenances and connections in, on and under the Easement Area and to use said pipeline or pipelines, appurtenances and connections for distribution and use of water for irrigation and domestic purposes, and for the collection and transmission of waste water, storm water and /or sewage, together with reasonable rights of entry to the Easement Area for the exercise of the rights herein granted. YLWD, by accepting this grant, covenants and agrees that, in the exercise of its rights hereunder, to restore the sub - surface (below pavement or concrete) to substantially the same condition as existed prior to the work. Costco, for itself and its successors in ownership of the Easement Area, does hereby acknowledge that use of any part or all of the Easement Area, shall be subject to the rights of YLWD granted herein. While Costco may use the surface area of the Easement Area subject to the limitations in this Agreement, Costco shall not grant any rights similar to the rights granted to District in this Section 1 to any third party without YLWD's prior written consent. 2. Costco Improvements. Costco may construct concrete parking spaces and other improvements (collectively herein referred to as "Improvements ") within and along the Easement Area (hereinafter, "Encroachment "), as illustrated in Exhibit "C" attached hereto and incorporated by reference herewith. Design, construction and installation of the Improvements shall be performed in coordination with YLWD. The Improvements shall not interfere with, damage, obstruct, or disturb the use, operation, maintenance or repair of YLWD's Facilities. 3. Damages to YLWD Facilities. Costco assumes full responsibility and liability and shall pay for all cost(s) or damage(s) to YLWD's Facilities arising out of or in connection with the construction, existence, and/or use of the Improvements. 4. Indemnification. Costco agrees to indemnify, defend and hold harmless YLWD and its officers, directors, employees and agents for, from and against each and every loss, cost, damage and expense, including reasonable attorneys' fees, (collectively, "Claims ") related to or arising out of the construction, existence and/or use of the Improvements, except to the extent such Claims result from the negligence, recklessness or willful misconduct of YLWD and its officers, directors, employees or its agents. S. Damages to Improvements. Costco acknowledges that the Improvements may be damaged or demolished to permit reasonable access to or reasonable work within and under the Easement Area. YLWD shall be responsible for any damage(s) to the sub- surface which results from YLWD's exercise of rights under the Easement. Costco, 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 above sub - surface Improvements (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 Costco, its successors or assigns, even if damage is caused by YLWD. YLWD, by accepting this grant, covenants and agrees that, in the exercise of its rights hereunder, to restore the sub- surface to substantially the same condition as existed prior to the work. 6. Vehicles in Easement Area. Costco shall not place any of its delivery trucks containing any merchandise in the Easement Area and hereby waives any claim to damages to said vehicles, trucks and merchandise placed in the Easement Area. No delivery vehicle weighing over 100,000 lbs. may be parked in the Easement Area. Costco shall 1) post conspicuous signs warning "no delivery trucks over 100,000 lbs." in the Easement Area, 2) pay YLWD for the cost of repairing any damages to the Facilities caused by the parking of overweight vehicles in the Easement Area and 3) indemnify, defend and hold harmless YLWD against any loss or liability arising from or caused by the parking of overweight vehicles in the Easement Area. Costco agrees to use it best efforts to assist YLWD with the removal of any vehicles that may be parked in the Easement Area which, in YLWD's sole discretion, impede YLWD's access to its Facilities. 7. Successors and Assigns Bound. Since Costco wishes to pursue the Encroachment, this Agreement obligates the current and fixture owners of the Costco real property subject to the Easement to remedy any future adverse events and to fund any necessary maintenance costs on the Easement and/or Costco's real property that may arise in full or in part due to the existence, construction, or damages caused by the Encroachment. COSTCO: Signature Name SVP /Asst. Secretary Title 4836 -5071 -9765, v. 1 YORBA LINDA WATER DISTRICT Signature Name Title HAClient Folders \Costco (04210) \Yorba Linda (035) \Does \Easement Agreement- 2.docz State of Washington ) Countyof ) On this 41\ day of �fttiLi 20A before me personally appeared r (Q tome known to be the A ssf of the corporation that executed the within and foregolitig instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and an oath stated that he/she /they was/were authorized to execute said instrument and that the seal affixed thereto (if any) is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. � \SG. PAg4f fill' lA a P N ", No Public in and for the E}A ry, / i' o ?P'rptwq` app; ii 4 State of Wash' gton u _ , _ y Residing at V1 n4a,44 ifLh o = 2 My Commission expires: 15 -7-9 - 'lam l i N 11, SHEET I OF I EXHIBIT A LEGAL DESCRIPTION THOSE CERTAIN STRIPS OF LAND, LYING WITHIN MIRAGE STREET AND PARCEL 1, BOTH AS SHOWN ON PARCEL MAP 83 -1083, IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 186, PAGES 47 AND 48, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING DESCRIBED AS FOLLOWS: STRIP 1 A 15.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SAID MIRAGE STREET, DISTANT THEREON SOUTH 27 059'53" EAST 113.57 FEET FROM THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "NORTH 27 059'53" WEST 300.79 FEET" ON SAID PARCEL MAP; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 62 000'07" WEST 4.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 28 °45'32" WEST 25.28 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A "; THENCE CONTINUING NORTH 28 045'32" WEST 169.09 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B" THENCE CONTINUING NORTH 28 045'32" WEST 13.91 FEET; THENCE SOUTH 57 006'54" WEST 21.57 FEET. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR FORESHORTENED TO INTERSECT AT THE ANGLE POINT. STRIP 2 A 15.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINBEFORE REFERRED TO POINT "A "; THENCE SOUTH 61 014'28" WEST 22.38 FEET. EXCEPTING THEREFROM THAT PORTION LYING WITHIN SAID STRIP 1. STRIP 3 A 20.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINBEFORE REFERRED TO POINT "B "; THENCE NORTH 57 °06'54" EAST 22.65 FEET. EXCEPTING THEREFROM THAT PORTION LYING WITHIN SAID STRIP 1 CONTAINS 3,974 SQ. FT., OR 0.091 ACRES, MORE OR LESS AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. DATED THIS DAY OF i-� 2014. �E� NANO l� _,,, U OF M:\Mapping \756\39\Legals \WATER EASEMEN71756039 WATER ESMT Exh A (legal).doe \"O. (6=11'44'55" \� L= 16.10') / / PA,ARCEL�',fllaPNO. 83 -W003 P.H.B. W861,47-48 4a CZ a 6 C7 '_\ 6h ah� ryry65 S57'06'54 "W 21.57'_ w " /( h lah�2 a,�7;1 >s t POINT "B PARCEL W3 Curve Table NO. DELTA RADIUS LENGTH C1 (113'52'27 ") (78.50') (156.02') C2 (102'07'32 ") (78.50') (139.92') a0- `STRIP 3 > \ 2 `0 >• 0 0 5 2a 0 a+, �h 15 Qr s9- , rn� I\ 01 J S61'14'28 °W \ PARCEL Ap NO. o2- ME P.M. o a W a 0/ 25 - 32 NOTE: BEARINGS AND DISTANCES IN PARENTHESES ( 100.00') ARE RECORD PER P.M. 82 -1085, P.M.B. 180 125-32 AND P.M. 83 -1083, PMB 186/47 -48. 1 " =40' PARCEL I (6= 9'29'37' R= 49.50' L= 8.20') STRIP 1 Z a, >SS1- POINT °A° a P.O.B. �a \ STRIP 1 \ In o '13`. '0 J a 2 \ \ 50� \� STRIP 1 \ 36 'qI E I DATE: JUNE 12, 2014 EXHIBITS SCALE: 1• =40' F U S CO E SKETCH TO ACCOMPANY LEGAL DESCRIPTION wnWN BY: BIM E N G I N E E N I N G WATERLINE EASEMENT CHECKED BY. JU 16795 Von Korman, Sage 100, Ir°Ine, California 92606 PORTION OF MIRAGE STREET & CRYSTAL DRIVE SHEET 1 OF 1 M919.04.1960 - f.949A /.5315 - .t.-oom CITY OF YORBA LINDA M: \Mapping \756 \39 \Legals \WATER EASEMENT \756.039 WATER ESMT Exh B (sketch).dwg EXHIBIT "C" SANTA ANA RIVER I — PROPOSED = = _ 1 DRIVEWAY' _ r — I � ®CRYSTAL _ — cxL LIMITS OF PROPOSED STREET 1 STAPLES PROPOSED PARKING STALLS (PASSENGER VEHICLES ONLY) 3 EXISTING STORM =DRAIN CULVERTS (ESM'T REO'D) - EXISTING I I RIGHT —OF -WAY I I I 11I I — —�✓ s mr \ I — WATERA ETER 3) P OPOS. \ FOR PRIVATE UEL TANKS, I ! Pusuc unun 25.6' CI_ EASEMENT ^^ Z \ l I II (ELEC, GAS) RI 0 ON —SITE v ASPHALT /CURB /LOW LANDSCAPING WITHIN I U I I [ ASEMENT I; ul III 129' OF _EXIS NZ PRIVATE WATER i� I_, POSED I I I I SERVICE W I1,i PARKING (UNVERIFIED) _ p STALL _ IM1_ RELOCATE /so I I PUBLIC FIRE IIHYDRANT. I —__I �I I PROPOSED 1.5" IRRIGATION 0'' I <: METER I _ 'TI Iv I SCALE- -1" = 60' DRIVEWAY .OA.— FUSCOE n... E N G I N E E R I N G 600 Wilshire Boulevard, Suite 1470 Los Angeles, California 90017 tel 213.988.8802 ° fax 213.988.8803 w .fuscoe.conr COSTCO WHOLESALE 22633 SAM RANCH PARKWAY CITY OF YORBA LINDA 05/29/14 SHEET 1 OF 1 AGENDA REPORT Meeting Date: July 24, 2014 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Prepared By: Alex Thomas, Water Quality Engineer Budgeted: Total Budget: Cost Estimate: Funding Source Job No: Dept: Reviewed by Legal: ITEM NO. 7.8 Yes $2,307,000 $4,000 All Water Funds 2009 -22 Engineering Yes CEQA Compliance: Pending Subject: Acquisition Agreement for Electrical Service Easement at Well 21 Site SUMMARY: An easement deed for electrical services for Well 21 site has been negotiated between OCWD, the City of Anaheim (electrical provider) and YLWD. The easement deed will allow the City of Anaheim to maintain an easement within OCWD property for electrical infrastructure to service Well 21. OCWD requests an Acquisition Agreement between OCWD and YLWD for a one -time payment for $4,000, to execute the easement deed between OCWD and the City of Anaheim. STAFF RECOMMENDATION: That the Board of Directors approve and execute the attached Acquisition Agreement for a total lump sum of $4,000 to be paid when a copy of the executed easement deed between OCWD and the City of Anaheim has been delivered to YLWD. COMMITTEE RECOMMENDATION: The PEO Committee considered this item at its July 15, 2014 meeting and supports the staff recommendation. DISCUSSION: On December 20, 2012, the Board of Directors authorized approval and execution of the 50 -year Lease Agreement between OCWD and YLWD for the Well 21 site. In order to provide electricity to the Well 21 site, the City of Anaheim required an electrical easement within the OCWD property. The agreed upon easement limits was an iterative processes based on compliance with the City of Anaheim electrical standards within the spatial constraints of the OCWD property. The attached proposed easement deed contains a Legal Description outlining the electrical easement within the Well 21 site. The easement will include electrical conduit and wires as well as a transformer to power the Well 21 equipment. Attached for your reference is a copy the proposed easement deed between OCWD ( "Grantor ") and the City of Anaheim ( "Grantee "). STRATEGIC PLAN: SR 3 -B: Continue Planning for Long Term Capital Improvements and Replacements into the future PRIOR RELEVANT BOARD ACTION(S): On December 20, 2012, the Board of Directors authorized approval and execution of the 50- year Lease Agreement between Orange County Water District and Yorba Linda Water District for the Well 21 site. On October 10, 2013, the Board of Directors authorized execution of a Construction Contract with Bakersfield Well and Pump, Co. in the amount of $863,345 for Drilling of Well No. 21. On June 26, 2014, the Board approved the Final Progress Payment for Well 21 Drilling with the total paid amount including retention of $679,272.00 (79% of the original contract amount). ATTACHMENTS: Name: ACQUISTION AGREEMENT YLWD 5 -21- 14 clean Revision.pdf CAO -# 102643 -v 1- OCWD easement clean attachments (2).pdf Approved by the Board of Directors of the Yorba Linda Water District 7/24/2014 RC /PH 5 -0 Description: Proposed Aquisition Agreement Easement Deed with attachments Type: Backup Material Backup Material ACQUISTION AGREEMENT (Electrical Service Well No. 21) (Warner Basin) This ACQUISITON AGREEMENT ( "Agreement ") is made and entered into as of July 2, 2014 by and between the ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as amended ( "OCWD "), and the YORBA LINDA WATER DISTRICT, a special governmental district of the State of California ( "YLWD "). 1. Consideration: In consideration for OCWD granting to the City of Anaheim an easement to facilitate the construction and operation of YLWD's "Well Site 21," in the form attached hereto as Exhibit "A" (the "Easement ") YLWD shall pay to OCWD the sum of $4,000.00. YLWD shall make such payment in one lump sum when the Easement Deed has been executed by OCWD and accepted by the City of Anaheim, (recorded and/or unrecorded), and a copy of the Easement Deed has been delivered to Steve Conklin, Acting General Manager. The parties agree that the YLWD's performance of this Agreement and the Easement Deed constitutes the entire consideration by YLWD for OCWD's grant of the Easement. 2. Integration: This Agreement represents the entire understanding of OCWD and YLWD as to the subject matter of this Agreement and all other matters contained herein. No prior oral or written understanding shall be of any force or effect with regard to those matters covered by this Agreement. This Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements or understandings, if any, between the parties concerning the Easement Deed, and none shall be used to interpret this Agreement. [SIGNATURES ON NEXT PAGE] 0 IN WITNESS WHEREOF, the parties have executed and entered into this Lease as of the date first set forth above. ORANGE COUNTY WATER DISTRICT, a YORBA LINDA WATER DISTRICT, a political subdivision of the State of California special governmental district of the state of organized under Chapter 924 of the Statutes of 1933, California as amended In Shawn Dewane, President Michael R. Markus, P. E. General Manager APPROVED AS TO FORM: RUTAN & TUCKER, LLP. IN General Counsel, Orange County Water District Acquisition Agreement Well No. 21 (5- 21 -14) go : Robert Kiley, President Steve Conklin, P.E. Acting General Manager APPROVED AS TO FORM: KIDMAN LAW, LLP Arthur G. Kidman General Counsel Lessee Information: Address for Notices: Yorba Linda Water District Attention: General Manager 1717 E. Miraloma Ave. Placentia, CA 92870 Telephone Number: (714) 701 -3102 Fax Number: (714) 701 -3028 Recording Requested by: LE City Clerk of the City of Anaheim WHEN RECORDED MAIL TO: CITY CLERK CITY OF ANAHEIM P.O. BOX 3222 ANAHEIM, CA 92803 EXEMPT - GOVERNMENT AGENCY (Government Code § §6103 & 27383) City Clerk, City of Anaheim (Space Above Line For Recorder's Use Only) EASEMENT DEED City Deed # APN # File # FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, ORANGE COUNTY WATER DISTRICT ( "Grantor ") HEREBY GRANTS to the CITY OF ANAHEIM, a municipal corporation ( "Grantee ") a nonexclusive easement for public utility and telecommunication purposes to construct, reconstruct, install, replace, reconfigure, operate, maintain, repair, relocate, remove, inspect, observe, and study Grantee's electrical and telecommunication facilities, equipment, and related appurtenances in, on, over, under, upon, above, along and across the land in the City of Anaheim, County of Orange, State of California, described in Exhibits "A" and "B" attached hereto and incorporated by reference herein ( "Easement Area "), together with all rights of ingress and egress thereto, including the right to enter onto the Easement Area with such vehicles, machinery, and equipment as may be necessary or convenient to the construction, reconstruction, installation, replacement, reconfiguration, operation, maintenance, repair, relocation, removal, inspection, observation, and study of said facilities, equipment, and appurtenances. Except as otherwise provided herein, Grantee has the right to prevent any activity on or use of the Easement Area that (a) is inconsistent with the purposes of this easement; (b) interferes with or is harmful to Grantee's rights herein; or (c) interferes with or is harmful to Grantee's facilities. Grantor agrees not to use or allow the use of the Easement Area in such a way as to impede, harm, or interfere with (a) the Grantee's rights as defined herein; or (b) Grantee's facilities. Grantee will backfill to grade, pay reasonable costs of removal, repair or restoration, of grass or asphalt only within the Easement Area affected by work performed by Grantee in furtherance of the rights granted herein. This grant of easement is subject to the following reservations in favor of Grantor: 1. Reservation. Grantor hereby reserves perpetual access rights across, through, under, and over the Easement Area for the purpose of obtaining access to any above- surface or below surface 38820.0151084202v0.5 3 facilities of Grantor; provided, however, Grantor shall not unreasonably interfere with the rights granted under the first two paragraphs of this Easement Deed. 2. Successors. This Easement Deed, and all of the terms, conditions and provisions herein, shall inure to the benefit of, and be binding upon, Grantor, Grantee, and their respective successors, transferors, and assigns. 3. Governing Law. This Easement Deed and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. 4. Existing Easement. Where Grantee's easement crosses the easement to the Metropolitan Water District of Southern California (MWD) which easement is recorded in Book 6388, Page 942, of the official records of Orange County, California, Grantee's easement shall be subject to the MWD easement. 5. Compliance with Regulatory Authorities. In connection with Grantee's use of or performance of any activities permitted to be conducted in, on, over, or across the Easement Area, Grantee shall, at its own cost and expense, promptly and at all times observe, comply with and carry out all orders, regulations, directions, rules, laws, ordinances, permits and requirements of all governmental authorities with jurisdiction in, on, over and about the Easement Area. 6. Termination or Abandonment. Grantee agrees that in the event Grantee's use of the Easement Area ceases for a continuous period of more than one (1) year and Grantee fails to provide Grantor written notice of such cessation; Grantor shall provide Grantee written notice and evidence of the cessation. If Grantee does not dispute the written notice and evidence of cessation within thirty (30) days of Grantor's notice, Grantee shall at Grantor's request, execute and deliver to Grantor for recordation in the Official Records of Orange County California a Quitclaim Deed sufficient to remove the encumbrance of this Easement Deed from title. Any written notice under this Paragraph 6 from Grantor to Grantee shall be provided to the Public Utilities General Manager at City of Anaheim, 201 S. Anaheim Blvd., Suite 1101, Anaheim, CA 92805 with a copy to the City Clerk of the City of Anaheim at 200 S. Anaheim Boulevard, 2nd Floor, Anaheim, California 92805. 7. Coordination. Construction and Maintenance. Grantee shall, at its sole cost and expense, maintain in good repair and safe condition all Grantee's facilities and equipment installed and constructed in the Easement Area. To the extent Grantee conducts construction or excavation activities or otherwise disturbs the surface of the Easement Area, Grantee shall notify Grantor in writing in same, with such notice being provided in advance, concurrently or promptly following such work as is reasonably practicable under the circumstances. 8. Authority. Each individual executing this Easement Deed on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Easement deed and that said entity will thereby be obligated to perform the terms of this Easement Deed. 39520.15- 1084202 -.0.5 3 "GRANTOR" ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as amended Shawn Dewane, President By: Michael R. Markus, P.E., General Manager DATED: "GRANTEE" CITY OF ANAHEIM, a municipal corporation Mayor FRI IN _7 APPROVED AS TO FORM MICHAEL R.W. HOUSTON, CITY ATTORNEY : Daniel A. Ballin, Deputy City Attorney 3420 (4) I IN 12� 2- 0.3 3 APPROVE AS TO FORM Rutan & Tucker LLP M. General Counsel, Orange County Water District ATTEST: LN City Clerk EXHIBIT "A" LEGAL DESCRIPTION ELECTRICAL EASEMENT That Portions of Lots 18 and Lot 19 in Block 36, of the Yorba Linda Tract in the City of Anaheim, County of Orange, State of California as shown in Book 5, Pages 17, and 18 of Miscellaneous Maps in the office of the County Recorder of said County, described as follows: Commencing at the centerline intersection of La Palma Avenue (formerly known as Walnut Street), and Richfield Road as shown on a Record of Survey filed in Book 13, Page 16 of Parcel Map Records of Surveys, in the Office of the Recorder, County of Orange, State of California; Thence along the centerline of said Richfield Road, South 00 °33'41" West, 400.00 feet; Thence leaving said centerline, North 89 026'00" West 25.00 feet to the westerly right of way of said Richfield Road; Thence along the southerly line of 2 P.M.B. 13/16, North 89 °26'00" West 746.08 feet to the westerly line of the Yorba Linda Tract; Thence South 08 °13'35" West 1.40 feet To the True Point of Beginning; Thence North 89°26'00" West 5.05 feet to angle point; Thence South 08 °13'35" West 119.89 feet parallel to the westerly line of the Yorba Linda Tract to angle point; Thence South 81 °46'25" East 5.00 feet; to the westerly line of the Yorba Linda Tract; Thence continuing North 08 °13'35" East 106.73 feet; Thence North 49°23'47" East 13.23 feet; Thence South 89 °26'00" East 86.67 feet; Thence South 55'54'16" East 7.55 feet; Thence South 34 °05'44" West 14.00 feet; Thence South 55'54'16" East 18.00 feet; Thence North 34 °05'44" East 25.00 feet Thence North 55'54'16" West 18.00 feet; Thence North 89°26'00" West 107.35 feet to the True Point of Beginning; Area = 1600 square feet more or less. As shown on "Exhibit "B" attached hereto and made a part hereof. �O pVo� E SS 0. R Co w x, Of No. 24633 * Exp. 12 -31 - -13 � •r \ C1V1L \\ STEVEN R. ONKLIN, RCE NO. 24633 DATE: —M[?— Z�i3 iJ 1 _LA PALM_A AVENUE 0 a a 40 O 20.00' CM 4 20.00' Q WD -CMENT o r-SOUTH LINE OF 2 P.M.B. 13116 N89 °26'00 "1 107. 5' N89-26'00'W746.08',_---__t0 I / S189� 26'00 "E 86.67 JJ l a -- M ( 'U O 1 2 j W iw Tom` =0�1 ti t(� h a 1 I SOUTHERLY UNE OF LOT 18 ------ - --- -* PREPARED BY: YORBA LINDA WATER DISTRICT 1717 E. MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701 -3100 1 3 moo° c+i o o� 0 to 8 25.00' 1 N89 °26'00 "W ANAHEIM ' PROPOSED TRANSFORMER ' ' I 7 1 1 6 I a - - -- - �AIN- - - - - -_ ° C J W I LU I LL LOT 19 , ROESS/ �\ R. * No. 24633 Exp. 12 -31 -13 \TF C'C 1� Op \F Basis Of Bearinos The Centerline of La Palma Avenue (Walnut Street) being per R.S. 62-35 Records of Orange County, California TABLE BEARING I 5 �_—_YL;D U f PROPOSED 2 WELL 21 W zi I 5.00' -- M ( 'U O 1 2 j W iw Tom` =0�1 ti t(� h a 1 I SOUTHERLY UNE OF LOT 18 ------ - --- -* PREPARED BY: YORBA LINDA WATER DISTRICT 1717 E. MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701 -3100 1 3 moo° c+i o o� 0 to 8 25.00' 1 N89 °26'00 "W ANAHEIM ' PROPOSED TRANSFORMER ' ' I 7 1 1 6 I a - - -- - �AIN- - - - - -_ ° C J W I LU I LL LOT 19 , ROESS/ �\ R. * No. 24633 Exp. 12 -31 -13 \TF C'C 1� Op \F Basis Of Bearinos The Centerline of La Palma Avenue (Walnut Street) being per R.S. 62-35 Records of Orange County, California TABLE BEARING DIST. 1 N89 °26'00"W 5.05 2 S81 °46'25 'E 5.00' 3 N49 °2347 E 13.23' 4 S55 °54'16 "E 7.55' 5 S34 °05'44W 14.00' 6 S55 °54'16 "E 18.00' 7 N34 "05'44 "E 25.00' 8 N55 "54'16"W 18.00' STEVEN R. CONKLIN DATE — RCE. NO: 24633 1 EXP. DATE: 1231 -13 I 1 I U0 I 1 I 1 I (I I EXHIBIT "B" WELL #21 ELECTRICAL EASEMENT FOR CITY OF ANAHEIM SCALE: AS -NOTED DATE: 10/02/2013 FILENAME: J- 200922 ITEM NO. 7.9 AGENDA REPORT Meeting Date: July 24, 2014 Budgeted: Yes Total Budget: $600,000 To: Board of Directors Cost Estimate: $58,474.51 Funding Source: All Water Funds From: Steve Conklin, Acting General Account No: 1- 0010 - 2700 -00 Manager Job No: J2010 -02 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: Yes Prepared By: Anthony Manzano, Senior CEQA Compliance: Exempt Project Manager Subject: Authorization to Reimburse OCTA for Orangeview Waterline Extension Change Order Work SUMMARY: OCTA's Lakeview Grade Separation Project is proceeding, including construction of new YLWD waterline improvements in Orangeview and Lakeview Avenues. District Operations staff reported leak history for a 51 -year old waterline west of Orangeview Avenue that runs through an easement and crosses over the Atwood Channel, as shown on the attached exhibit. Staff recommends that the new Orangeview Avenue waterline be extended 280 -feet westerly to allow for the old waterline crossing the Atwood Channel to be abandoned. Orange County Transportation Authority's (OCTA) contractor provided a quote of $58,474.51 for this additional work. STAFF RECOMMENDATION: That the Board of Directors authorize staff to issue a $58,474.51 check, payable to OCTA, for the Orangeview Avenue Waterline extension. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee discussed this matter at its July 15, 2014 meeting and supports staff's recommendation. DISCUSSION: The Orange County Transportation Authority (OCTA) recently started Lakeview Avenue Grade Separation Project utility relocation work, including the installation of a new waterline in Orangeview Avenue. Because Orangeview Avenue was never improved as a public right -of -way, District customers at the westerly end of Orangeview Avenue have been serviced from a waterline constructed in the early 1960s that extends through an easement and crosses over the top of the Atwood Channel, as shown on the attached exhibit. Operations staff indicated that this waterline has leak history, and is a larger- than - necessary waterline with only two services that poses potential water quality challenges because it is older, remote, infrequently cycled and difficult to flush. Replacement of this line is recommended at this time because of the inherent issues with the existing pipeline and because of the new adjacent main being installed by OCTA's contractor. Note that YLWD staff asked OCTA to include this as part of the Lakeview Project but OCTA refused, indicating that this work was outside the scope of their project. Thereafter, YLWD staff requested OCTA to have their General Contractor, OHL USA (OHL), submit a price quote for this change order work, to install a 6 -inch waterline approximately 280 -feet westerly in Orangeview Avenue, and thereby enable YLWD to abandon the old 10 -inch waterline. OHL submitted a price quote of $58,474.51 for this work. Staff reviewed the detailed price quote and determined that the price is very reasonable and in line with recently received contractor's bids for other similar District projects. 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 February 14, 2013, the Board authorized execution of a "Settlement Agreement and Mutual Release" between the District and OCTA, establishing District relocation costs not to exceed $250,000. ATTACHMENTS: Name: 2010 -02 EXHIBIT.Pdf Approved by the Board of Directors of the Yorba Linda Water District 7/24/2014 RC /PH 5 -0 Description: Type: Orangeview Waterline Extension Exhibit Backup Material PORTION OF EXISTING. 10" WATERLINE TO BE ABANDONED 1913 EX. FN NANETAC RCLE1919 w w 3 1918 3 1924 3 W W �. yy.. ..w W IBYZII ORANGEI'HORPE AVENUE A.T. & S. F. RAIL ROAD 1936 �N:D A TwO pCHE4 \ PROP. 6" WATERLINE - EXTENSION (APPROX. 280 L.F.) 18" WATERLINE OCTA LAKEVIEW GRADE SEPARATION PROJECT 625 2006 2018 PROP. 2 -1" WATER SERVICES W Q Z Q O O LOCATION MAP ORANGE AVE. O. C. F p. ATWO OD CHANNEL 10" WATERLINE OCTA LAKEVIEW GRADE SEPARATION PROJECT I W Z W I Q W_ W Y _ Q n y' PREPARED BY: SCALE: EXHIBIT N.T.S. YORBA LINDA WATER DISTRICT DATE: ORANGEVIEW AVE. PROPOSED 6 -INCH 06/19/2014 el 1717 E. MIRALOMA AVENUE WATERLINE EXTENSION PLACENTIA, CALIFORNIA 92870 FILENAME: (714) 701 -3100 J- 2010 -02 Meeting Date; To: From: Presented By Subject: SUMMARY: ITEM NO. 8.1 AGENDA REPORT July 24, 2014 Board of Directors Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Proposed Response Letter Regarding Draft Bay Delta Conservation Plan MWDOC has requested that each Orange County water agency send a letter with comments on the Draft Bay Delta Conservation Plan (BDCP), Draft EIR /EIS and Draft BDCP Implementing Agreement. A proposed draft letter was prepared by MWDOC, which has been modified to incorporate specifics for YLWD. The draft is attached for review and consideration by the Board. STAFF RECOMMENDATION: That the Board of Directors review the draft letter and provide direction to staff. COMMITTEE RECOMMENDATION: The Public Affairs - Communications - Technology Committee reviewed and considered the draft letter at its July 7 meeting and asked that it be brought to the Board for consideration. ATTACHMENTS: BDCP Draft Comment Letter.docx Approved by the Board of Directors of the Yorba Linda Water District 7/24/2014 RC/MB 5 -0 Approved as drafted. Description: BDCP Draft Letter of Support Type: Backup Material Date BDCP Comments Ryan Wulff, National Marine Fisheries Services 650 Capitol Mall, Suite 5 -100 Sacramento, CA 95814 Comments on the Draft Public Review Bay -Delta Conservation Plan (BDCP), Draft Environmental Impact Report /Environmental Impact Statement and Draft BDCP Implementing Agreement Dear Mr. Wulff, Yorba Linda Water District (YLWD) is a retail water provider in north Orange County that is governed by a publicly elected Board of Directors. The District is proud of its history of over 100 years of providing high quality water to our 70,000 customers in the City of Yorba Linda, and portions of the cities of Placentia, Anaheim and Brea. We have worked diligently over many years to build and maintain a premier water system that has the dual capability to provide and deliver groundwater and import water to our customers. In spite of the world -class efforts of Orange County to provide greater water supply certainty for eight percent of California's population and the $200 billion economy they represent, Orange County remains dependent on imported water to meet approximately 45 percent of its average annual demand, with the State Water Project (SWP) deliveries from the Delta meeting approximately half of those needs. The Delta ecosystem and water supply conveyance problems have long been recognized, and have remained in a continuing state of degradation, conflict, and stalemate. Many years and hundreds of millions of dollars have been spent on study efforts while the Delta system continues to be used for water conveyance in a manner for which it was not intended. The longer it takes to begin the resolution, the more expensive it will become. This stalemate has been punctuated by droughts, floods, economic losses, environmental degradation and litigation every decade since the construction of the SWP in the 1960s. We can no longer delay action in the Delta, and urge the State and federal government to quickly move forward with the Preferred Alternative. Failing to act and move forward is not an acceptable alternative. In recent years the endangered species biological opinions for protection of Delta and Longfin Smelt and Chinook Salmon have resulted in massive cutbacks in exports by over 1.5 million acre -feet per year and without the BDCP further cuts of another 1.0 million acre -feet per year could occur with new endangered species listings according to the BDCP briefing documents. This situation is untenable and a 1 solution must be found to stop this hemorrhaging of this critical foundational water supply to southern California. The BDCP is the best hope we have and it must be approved and implemented in a timely and cost - effective manner. We offer the following specific comments on the BDCP: 1. Yorba Linda Water District strongly supports the BDCP Preferred Alternative _(No. 4) and oppose the No Action Alternative: It is critical to the state's economy and environment that both the State and federal government expeditiously follow through with the decision for adopting and implementing the BDCP. 2. Co -Equal Goals: The BDCP must be implemented in a manner consistent with the co -equal goals adopted by the State. Preferred Alternative (No. 4) is consistent with the Delta Reform Act of 2009's co -equal goals. 3. New Facilities and In -Delta Operational Flexibility: The modernization of the Delta conveyance system is essential in order for habitat restoration and conservation to have its intended effect; Preferred Alternative (No. 4), which incorporates the 9,000 cubic feet per second (cfs) three intake, twin tunnel conveyance system, provides the best balance between operational flexibility and modernizing the conveyance system for environmental benefit and water supply reliability. 4. Reduced Future Reliance: The 2009 Delta legislation called for water agencies to reduce future reliance on the Delta, not to become 100 percent "self- reliant." While our major efforts in these areas will continue, it is important to note that "reduced reliance" does not equate to and was never intended to require a move to 100 percent "self- reliance" and the notion of co -equal goals was never intended to result in a future with significant reduction in exports from levels achieved before the 2008 bio- opinions. S. Plan Implementation and Regulatory Assurance: The BDCP must provide the needed implementation and regulatory structure and assurances to help achieve the co -equal goals. a. To us, this means that it is virtually impossible to predict the outcome of the BDCP habitat restoration efforts and endangered species population dynamics, and such a standard should not be required in the DEIR /DEIS. b. Furthermore, this means that changed circumstances under the operation of the BDCP, including the potential for new species listing, be incorporated in such a manner to result in a minimum impact on future water supply exports. 2 6. Sound Science. It is critical that sound science is provided in order to assure the long -term success of the BDCP. We strongly support the inclusion of independent scientific investigation and research to be included in the BDCP process. 7. Cost Allocation: We support the "beneficiary pays principle" in cost allocation for all responsible parties and beneficiaries. 8. Implementing Agreement: The Implementing Agreement is a contractual, legally- binding agreement that spells out the commitments and assurances as well as the terms and conditions for on -going implementation of the BDCP. Clarity in this agreement is essential as well as the balance in implementation of the co -equal goals. 9. Economy. Environment and Water Management: The SWP is critically important to the Orange County economy, environment and water management. Implementation of the BDCP is critical to Orange County's future. a. Orange County and YLWD have invested heavily to diversify our water portfolio but the SWP remains a critical source of low salinity water supply that is currently unacceptably jeopardized by the unsustainability of the current Bay -Delta system. b. Orange County relies on the SWP to support groundwater conjunctive use programs and water recycling programs - it is an essential part of our water reliability strategy that sustains our citizens and businesses. c. We support the 9,000 cfs twin tunnel Preferred Alternative (No. 4) provided reasonable assurances are included regarding governance and future decision - making in the process. We strongly advocate for a seat at the table for the water Permittees in the various oversight groups. The investment and decision - making must be structured to achieve a positive outcome for both the SWP and Permittees and the ecosystem restoration in a collaborative, partnership manner. It is now time for the State and Federal government to adopt and move the BDCP to implementation in order that we can achieve the 2009 legislation's co -equal goals of improving water supply reliability and ecosystem restoration and improved function by implementing the BDCP Preferred Alternative (No. 4). 3 Thank you for your time and consideration of these comments. Sincerely, Steven R. Conklin, P.E. Acting General Manager Meeting Date; To: From: Presented By Prepared By: Subject: SUMMARY: ITEM NO. 8.2 AGENDA REPORT July 24, 2014 Board of Directors Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Cindy Botts, Management Analyst CSDA Region 6 Election of Officers and Board Members for 2014 -2018 Term CSDA's six regions were established to provide geographic balance and representation by its membership throughout the state. Each region has three seats on the Board. Region 6 encompasses both Orange and San Diego counties and its board members are elected to represent the issues, concerns and needs of this region. The District is entitled to cast one vote for the Region 6, Seat C position. STAFF RECOMMENDATION: That the Board of Directors consider candidate nominations for the CSDA Region 6, Seat C Election. COMMITTEE RECOMMENDATION: The Executive - Administrative - Organizational Committee reviewed this matter at its meeting held July 14, 2014 and recommended that it be presented to the Board of Directors for consideration. DISCUSSION: The Region 6, Seat C position will serve on CSDA's Board of Directors for a three year term of office beginning January 1, 2015. All five individuals running for election of Seat C have included Candidate Statements for the Committee's review. The Region 6 ballot is attached and includes the candidates available for the Seat C position. The appropriate voting delegate for our agency must complete the ballot. The Board President must then sign the ballot indicating approval. The completed ballot will need to be returned to CSDA by August 1, 2014. STRATEGIC PLAN: CP 2 -D: Enhance the District's Regional Water and Wastewater Industry Participation PRIOR RELEVANT BOARD ACTION(S): The District has participated in previous CSDA Region 6 elections. ATTACHMENTS: Name: Description: Type: CSDA 2014 -2018 Election Backup.pdf CSDA 2014 -2018 Ballot.pdf Approved by the Board of Directors of the Yorba Linda Water District 7/24/2014 PH /RC 5 -0 Voting for Ms. Arlene Schafer. CSDA Correspondence Backup CSDA 2014 -2018 Election Ballot Backup Material Backup Material J tttttt \JJ `lttt t\ Litt ttt. California Special tt \tL• Districts Association CSDA Districts Stronger Together CALIFORNIA SPECIAL DISTRICTS ASSOCIATION 2014 BOARD ELECTIONS MAIL BALLOT INFORMATION Dear Member: A mail ballot has been enclosed for your district's use in voting to elect a representative to the CSDA Board of Directors in your Region for Seat C. Each of CSDA's six (6) regional divisions has three seats on the Board. Each of the candidates is either a board member or management -level employee of a member district located in your geographic region. Each Regular Member (district) in good standing shall be entitled to vote for one (1) director to represent its region. We have enclosed the candidate information for each candidate who submitted one. Please vote for only one candidate to represent your region in Seat C and be sure to sign, date and fill in your member district information (in some regions, there may only be one candidate). If any part of the ballot is not complete, the ballot will not be valid and will not be counted. Please utilize the enclosed return envelope to return the completed ballot. Ballots must be received at the CSDA office at 1112 1 Street, Suite 200, Sacramento, CA 95814 by 5:00pm on Friday, August 1, 2014. If you do not use the enclosed envelope, please mail in your ballot to: California Special Districts Association Attn: 2014 Board Elections 1112 1 Street, Suite 200 Sacramento, CA 95814 Please contact Charlotte Lowe toll -free at 877.924.CSDA or charlottel(a)csda.net with any questions. CSDA Region 6 Candidate Statement Elaine Sullivan Leucadia Wastewater District (LWD) Board Member Carlsbad, CA 92009 I am seeking CSDA member's votes to re -elect me to represent Region 6 because I have a passion for special districts and I believe that I can use that passion to continue serving CSDA members. I have been on the CSDA Board of Directors since 2013 and serve on their Membership and Education Committees. I believe that I bring a unique and proven set of skills from my 26 years of experience as past President, and a member of various committees with the LWD Board of Directors and the Encina Wastewater Authority's (EWA) Board. I have held these positions, with over 98% attendance. During my tenure, both agencies have been recognized for numerous recognitions and awards, such as: • LWD is a Special District Leadership Foundation (SDLF) District of Distinction (since 2008), • LWD received SDLF District Transparency Certificate of Excellence, • LWD received California Water Environment Association's (CWEA) 2012 Small Collection System of the Year Award, • LWD received the California Society of Municipal Finance Officers 2013 Outstanding Financial Reporting Award (since 2010), • EWA Outstanding Compliance with EPA regulations, • EWA received CWEA's 2013 Treatment Plant of the Year Award. LWD is currently debt -free and maintains one of the lowest rates in San Diego County. Other public service experience includes: Serving 12 years as a member of the California Water Reuse Finance Authority Board, Serving 16 years with CSDA San Diego Chapter's Scholarship Committee and; Serving the Carlsbad Chamber of Commerce Ambassador Committee, I have enjoyed committing my time and energy to CSDA's various continuing goals and engaging in new projects being launched. I would appreciate the opportunity to continue to contribute and serve the Special District Region 6; therefore, I ask for your ongoing support and vote. ELECT ARLENE SCHAFER CALIFORNIA SPECIAL DISTRICTS ASSOCIATION REGION S, SEAT C Arlene Schafer— Director Costa Mesa Sanitary District PREVIOUS CSDA EXPERIENCE ♦ Board President (2009) ♦ Board Vice President ♦ Board Secretary ♦ Finance Corporation ♦ Task Force Committee ♦ Legislation Committee ♦ Fiscal Committee ♦ Membership Committee ♦ Recruitment & Planning Committee I would be honored to serve as your representative on the California Special Districts Association (CSDA) Board of Directors Region 6, Seat C. I believe my 24 years of experience as a local government leader that includes 15 years serving on CSDA in a variety of different capaci- ties makes me the best candidate. In recent years, special districts have been scrutinized by the State legislature, grand juries and the press, which is why I believe it's important for CSDA to continue serving as an advocate for special districts by informing the legislature and the public the important and essential services we provide to our commu- nities. Furthermore, I believe it's important for special districts to demonstrate good governance that will help earn the public's trust. If elected, I will work with the Board and staff to ensure cost efficient programs, education and training seminars are still available to you. Currently, I am serving on the Board of Directors for the Costa Mesa Sanitary District (CMSD) where I have been a Board member for 16 years. CMSD provides solid waste and wastewater collection services to over 116,000 residents residing in the City of Costa Mesa and por- tions of Newport Beach and the unincorporated Orange County. I am proud to be part of an organization that has been a District of Distinc- tion since 2009, earned the Transparency Certificate of Excellence and most recently, CMSD received Gold Recognition in Special District Governance. If elected, I will continue to promote CSDA benefits to special districts and I will work collaboratively with CSDA Board of Directors on find- ing partnership opportunities for different services to help avoid mem- bership dues from increasing. I believe my experience, knowledge and commitment to special districts will enable me to represent you well. Please vote for Arlene Schafer by August 1, 2014. April 17, 2014 Candidate Statement When I was first elected in 2007, I realized I knew nothing about being an elected official. California Special Districts offered the Governance Academy. I graduated your classes and feel the opportunity allowed me to be a better citizen as well as a better Director for my water agency and my community. I have since taken your numerous online classes to keep up to date. It would be my Honor to be the Candidate for our region and be able to contribute to the CSDA and therefore my constituents. Thank you for this opportunity. Sincerely, Judy Corl- Lorono President of Board of Directors Bighorn Desert View Water Agency ' O Resource Conservation District of Greater San Diego County O ' 0 11769 Waterhill Rd., Lakeside, CA 92040 ► ► Phone: (619) 562 -0096 'Ot- Fax: (619) 562 -4799 of Greater San Diego County Website: www.rcdsandiego.org ELECT SHERYL LANDRUM CALIFORNIA SPECIAL DISTRICTS ASSOCIATION REGION 6, SEAT C Sheryl Landrum District Manager CSDA member since 2009 CARCD member since 2009 RCD Employee since 2009 Small business owner 2004- 2009 Control ler /Accounta nt /Office Manager 1986 -2012 My name is Sheryl Landrum and I am the District Manager of the Resource Conservation District of Greater San Diego and an Executive Director of the Fire Safe Council of San Diego County. It would be a privilege to serve as your representative on the CSDA Board of Directors for Region 6 and I promise to work hard to fulfill the CSDA's vision and goals. As the District Manager of the RCD, our programs provide San Diego communities with educational and technical assistance in conservation /resource management. The RCD also manages the programs and funds of the Fire Safe Council of SD County which strives to keep San Diego fire safe. For the past eighteen months, I have been working with the California Association of Resource Conservation Districts to develop a strong vision, standards of excellence, and messaging for RCDs to deliver to our communities and our legislators. I would like to aid the CSDA in its quest for respected acknowledgment as well. This May I gave testimony before the Assembly and Senate Budget Committees for the release of 10 million dollars in State Responsibility Area fees. I also met with numerous other legislators to promote funding for Special District work as well. I am honored to advocate for Special Districts and to ask for funding for our much needed programs and services. am hard working and dedicated to excellence. My RCD's management of USFS grant funds is held as the standard of excellence by the USFS grant clearing house and my work with the SD County Fire Authority led them to ask for a long term MOU between our two agencies. I will bring the same level of excellence to the Board of the CSDA and respectively ask for your vote. Thank you for your consideration. Sincerely, Sheryl Landrum, District Manager and Executive Director Conserving Our Natural Resources 05/23/2014 FRI 15:11 FAX 6263375686 Primary Fax Dan Kirby 'resident, San Gabriel Valley Mosquito and Vector Control District Dan Kirby is a life -long. Southern Californian and was appointed to the Monrovia City Council in .March of 2003. After serving for two years, he was elected outright by a margin of three to one in 2005. He was appointed to the San Gabriel Valley Mosquito and Vector Control District (SGVMVCD) in 2004 and now serves as its Board President. During his time in public office, pan has built solid relationships with lawmakers locally and in Sacramento. In addition to serving as President of the board, Dan serves as the Chair of Personnel and Legislative Committees at the District. He participates regularly at the MVCAC Legislative days in Sacramento and represents SGVMVCD at state conferences. Dan often refers to himself a life -long learner and demonstrates that with his passion is youth and education. He has worked with children at Kare Youth League in Southern California for over 35 year's and has taught in the classroom at Rio Hondo Preparatory School in Arcadia since 1985. As a youth counselor, Dan has travelled with students on educational roars, visiting no less than 48 states, six Canadian Provinces, and Baja California, Mexico, Dan also has business experience. In 1985 Dan opened a graphic design, commercial printing and sign company, which he still manages today. 0003 /006 SOUTHERN NETWORK BOOM REGION 6 ................................ ............................... SEAT C term ends 2018 Please vote for only one. El Elaine Sullivan* Leucadia Wastewater District ElArlene Schafer Costa Mesa Sanitary District E] Judy Cod- Lorono Bighorn -Desert View Water Agency F] Sheryl Landrum Resource Conservation District of Greater San Diego Dan Kirby San Gabriel Valley Mosquito & Vector Control District * incumbent running for re- election SIGNATURE. DATE MEMBER DISTRICT: Must be received by 5pm,August 1, 2014. CSDA, 1112 1 Street, Suite 200, Sacramento, CA 95814 AGENDA REPORT Meeting Date: July 24, 2014 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Prepared By: Annie Alexander, Executive Secretary Subject: Records Management Policy STAFF RECOMMENDATION: Dept: Reviewed by Legal: ITEM NO. 8.3 Administration Yes That the Board of Directors approve the Records Management Policy (2010 -001). COMMITTEE RECOMMENDATION: The Executive - Administrative - Organizational Committee reviewed the policy at its meeting held July 14, 2014 and requested that it be presented to the Board for consideration. DISCUSSION: The District is in the process of implementing a comprehensive Records Management program for which the attached policy has been developed. The purpose of the policy is to ensure that the District's records (both paper and electronic) are created, managed and retained or disposed of appropriately and in accordance with relevant legislation. The following is a summary of the major topics addressed: • Delineation of responsibilities of all District employees, assigned Department /Division Records Coordinators, Department Managers and the Records Manager. • Procedures for handling and responding to requests for District records under the California Public Records Act. • Procedures for litigation holds which suspends normal retention policies and practices. • Procedures for the movement and storage of active and inactive paper records and the destruction of obsolete paper records. • Procedures for the management and storage of electronic records and the destruction of obsolete electronic records. Also referenced in the policy is the District's Records Retention Schedule (Resolution No. 10 -08) which specifies the length of time an official record is to be retained. Staff is in the process of updating the schedule and expects to be prepared to bring it to the Board of Directors for consideration in September. A copy of the policy and pertinent exhibits are attached. Not all the referenced exhibits and appendixes have been included as they are quite lengthy and are comprised mostly of forms and detailed standard operating procedures. However, they will be provided upon request. The policy and all exhibits and appendixes have been reviewed by the District's legal counsel. Following approval of the policy, the Records Management Team will be assisting each department with the development of a compliance plan which will include staff training. ATTACHMENTS: Nam(- Description: Type: 2010 -001 - Records Management.docx Backup Material Backup Material Exhibit B - Form - Request for Public Records.docx Backup Material Backup Material Exhibit C Form - Fee Schedule.docx Backup Material Backup Material Approved by the Board of Directors of the Yorba Linda Water District 7/24/2014 RC /MB 5 -0 Yorba Linda Water District Policies and Procedures Policy No.: 2010 -001 Effective Date: July 24, 2014 Prepared By: Annie Alexander, Executive Secretary Diane Gladwell, President, Gladwell Governmental Services Applicability: District Wide POLICY: RECORDS MANAGEMENT 1.0 PURPOSE A. The purpose of this policy is to apply efficient and economical management methods for the receipt, creation, utilization, maintenance, retention, and disposal of District records. B. Benefits to the District and its customers include: 1. Improved customer service levels. 2. Cost - efficient utilization of resources. 3. Save space, time and expenses. 4. Legal compliance. 2.0 POLICY A. It is the policy of the Yorba Linda Water District to store all records in an efficient and effective manner in full compliance with all laws. B. These policies apply to employees, elected or appointed officials, contractors, vendors, temporary labor, volunteers, or anyone creating or using District records in any format (paper or electronic.) C. All records belong to the District, which has a responsibility and obligation to ensure proper management of its records in all media formats. 3.0 RESPONSIBILITIES A. All District Employees: 1. Responsible for keeping accurate and complete records of their activities and for complying with District policies and procedures. 2. Ensure appropriate safeguarding of confidential, historical, and vital records. Revised 07/16/1z Page 1 of 13 3. Ensure economical and efficient maintenance of records. 4. Routinely practice effective controls over the creation, maintenance, and use of records in all media formats. 5. Segregate, transfer or dispose of records in accordance with procedures and retention schedules. B. Department Records Coordinators: 1. Perform ongoing maintenance and coordinate annual review of the Records Retention Schedule and File Classification Structure for their respective department /division's records. 2. Coordinate with the Records Manager to ensure that information contained in the records database for their department /division's records is accurate, current and complete. 3. Conduct annual reviews of department /division records eligible for transfer to inactive storage (vault boxes). 4. Facilitate the transfer of eligible records to inactive storage (vault boxes). 5. Ensure all records to be stored in inactive storage (vault boxes) are properly inventoried in the records database so they can be located when needed. 6. Oversee the scanning and imaging of records for their department /division, ensuring compliance with input plans, policies and procedures. 7. Participate in records management training programs and meetings. 8. Act as a liaison between the Records Manager and their respective department /division to ensure that their interests and concerns are addressed as records management decisions are being formulated. C. Department Managers: 1. Responsible for all records in their custody. 2. Maintain an active program for the economical and efficient use of records in their department. 3. Approve destruction of department records. 4. Ensure employees are properly trained in the District's records management policies and procedures. 5. Appoint Records Coordinator(s) for their department. D. District -wide Records Manager: 1. Develops and maintains District -wide records management policies and procedures and ensures appropriate approvals have been received prior to implementation. This includes, but is not limited to, records retention schedules, inactive records management, records destruction, document imaging, electronic records and media. 2. Monitors compliance with District policies and procedures. Revised 07/16/1z Page 2 of 13 3. Reviews the records database on an annual basis to determine which records in active storage (vault file folders) are eligible for transfer to inactive storage (vault boxes). 4. Assists the Records Coordinators on an annual basis with determining when records housed in their respective department /division are eligible for transfer to inactive storage (vault boxes). 5. Conducts annual review of the records database to determine which records are eligible for destruction. 6. Prepares list of department records eligible for destruction and appropriate authorization forms; ensures appropriate authorizations are received prior to records destruction. 7. Ensures that obsolete records are destroyed in a timely and appropriate manner and obtains the necessary forms certifying that the records have been destroyed. 8. Acts as the Records Coordinator for their department. 4.0 PUBLIC RECORDS ACT A. The District's policy is to fully comply with the California Public Records Act. B. Public records include any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.' C. If a requester is unable to specify the record they are seeking, employees must assist them in identifying the records that are responsive to the request, and providing information regarding what media the record is available in (i.e. paper or electronic format). D. Employees must not create a record for a requesting person (e.g. write a summary of a document, or create a list); requesters are allowed to inspect, review and /or obtain a copy of the original document. E. Always ask the Records Manager to coordinate with General Counsel if you have any question as to whether a record (or portion of a record) may be considered disclosable or not. F. Procedures: 1. Requests are not required to be in writing, although it is helpful if the District's "Request for Public Records" form is utilized (see Exhibit B). 2. All requests must be routed through the District's Records Manager. Government Code §6252(e) Page 3 of 13 3. The District is required to make records "promptly available" to a requester. If copies are requested, they shall be provided to the requester upon payment of fees for duplication. 4. A maximum of 10 calendar days is allowed to respond to a records request. In the interest of excellent customer service, responses should be completed as quickly as possible. If the 10 day maximum is expected to be exceeded, immediately ask the Records Manager to coordinate with General Counsel to draft a letter to the requester; extensions of time are allowed in unusual circumstances. 5. Fees are based upon the "direct cost" of duplication, as stated in the most recent "Fee Schedule" (see Exhibit C). 6. When you have any questions, please contact the Records Manager. 5.0 RECORDS RETENTION SCHEDULES A. The records retention period is the length of time an official record is retained, according to the Records Retention Schedule. B. The District has adopted Records Retention Schedules (see Appendix 1), which provide for the policies that determine how long records are retained. C. The specified retention period applies regardless of the media of the record: If a record is stored on paper and electronically as a computer file on a hard drive, both records must be destroyed (or erased) after the specified period of time for retention has elapsed. D. Copies or duplicates of records must never be retained longer than the prescribed period for the original record. E. Destruction of original records that have exceeded their retention period must be authorized according to District policies and procedures (see the Records Destruction section). F. The Records Retention Schedules will be reviewed and updated on an annual basis. Requests to amend the Records Retention Schedules (see Exhibit F) must be coordinated with the District's Records Manager. 6.0 LITIGATION HOLDS A. The term "litigation" as used in this section refers to all events which suspend normal retention policies and practices, including, but not limited to, the reasonable expectation of litigation, actual litigation, claims, complaints, audits, pending records requests, and investigations. Revised 07/16/14 Page 4 of 13 B. The litigation hold procedure shall apply to records in all formats and media (i.e. paper or electronic), maintained by a department that is relevant to the litigation. C. Upon issuance of a litigation hold notice, departments must suspend routine or intentional destruction, purging, overwriting, re- using, deleting, or any other destruction of records regardless of the form or media of the record (paper or electronic). D. Procedures: 1. Any employee who receives notification of a reasonable expectation of litigation or actual litigation, must notify the General Manager and General Counsel immediately and must not destroy any records without prior written approval of the General Manager and General Counsel. 2. The General Manager will inform General Counsel regarding the reasonable expectation of litigation or actual litigation and, if required, General Counsel will direct the General Manager to send out a litigation hold notice via e -mail to all affected employees. 3. Employees must acknowledge receipt of the litigation hold notice. 4. Upon receipt of the litigation hold notice, employees must separate applicable records to ensure their preservation prior to any destruction taking place and must not destroy any records without prior written approval of the General Manager and General Counsel. a. The litigation hold applies to records in all formats and media (i.e. paper or electronic). 6. The General Manager will notify all affected employees via e -mail when the litigation hold has been removed. 7.0 FILE CLASSIFICATION SYSTEM A. A classification system organizes your files. Each records collection has unique needs. Major types of classification systems are: 1. Alphabetic 2. Numeric 3. Geographic 4. Chronological B. The District has developed an alpha- numeric File Classification System outlined in Appendix 2. C. The District's Records Manager is available to assist any department in utilizing the system. D. The File Classification System will be reviewed and updated on an annual basis. Requests to amend the File Classification System must be coordinated with the District's Records Manager. Revised 07/16/14 Page 5 of 13 8.0 ACTIVE AND INACTIVE RECORDS STORAGE / RECORDS MANAGEMENT DATABASE A. The movement of records must be documented to ensure that items can always be located when required2. B. The District has a vault to store active and inactive records. C. To ensure proper storage and handling of District records, it is important that all records transfers are processed according to the following procedures: 1. Notify the District Records Manager when records are eligible for transfer to inactive storage (vault boxes). The District Records Manager will issue the boxes to be used. Box records that are ready for transfer. 2. Records being transferred must meet the time periods listed on the Records Retention Schedules (see Appendix 1). 3. Record titles used on the "Records Transfer Authorization" form (see Exhibit D) must match those used in the Records Retention Schedule; detailed descriptions can be entered after that (e.g., "A /P Invoices, Adams — Darwin "). 4. Only record series with the same retention periods may be placed in the same box. 5. Make sure correct inclusive dates are listed, and that the destruction dates match the time period set forth for the record series in the retention schedule. 6. Retention is applied at the file folder level, based upon the last document date in the folder. (e.g., you do not have to pull individual documents from a folder, unless you choose to do so because the folder is too full.) 7. When calculating retention, add a year (e.g. 10 +1), which ensures all documents in the folder have exceeded their retention period. 8. Purge files of all non - records, copies, drafts and notes, as only official records may be transferred. 9. Only standard sized records storage boxes (15" x 12" x 10 ") are to be used. 10. Prepare a "Records Transfer Authorization" form (see Exhibit D), which itemizes the contents of each box being transferred. 11. Submit the completed form to the Records Manager. 12. Upon receipt of the form, the Records Manager will make arrangements to transfer the boxes and process them appropriately. a. The Records Manager will enter all required information into the records database before the boxes are placed in inactive storage. 2 ISO 15489 §9.8.3 Revised 07/16, Page 6 of 13 D. Locating and retrieving records from the vault: 1. Instructions on locating and checking out records in the vault using the records database are provided in Appendix 3. 2. Only authorized personnel may check out records from the active storage (vault file folders). 3. If you are reviewing active records in the vault or simply making a photocopy and then returning them, check out is not required. Anytime you take records to your office they must always be checked out. This is to facilitate proper tracking in the event another staff member might need to locate them. 4. Contact the Records Manager to check out records from inactive storage (vault boxes). 5. Do not move folders, records, or storage boxes belonging to other departments. 9.0 RECORDS DESTRUCTION A. Records destruction is performed by the Records Manager and must take place in a systematic and routine basis, in the course of normal business activity. B. Disposal of records is encouraged after the record has met or exceeded its retention period no matter what media is used to store the record (paper, computer disks, etc.). C. The District's preferred disposal method for paper records is shredding to protect the privacy of its customers. D. All original records must obtain appropriate authorizations prior to being destroyed. E. Copies and transitory records may be destroyed when no longer required without authorizations being obtained. Transitory records are those records not retained in the ordinary course of business (e.g. calendars, checklists, e -mail that does not have a material impact on the conduct of business, invitations, interagency /intra- agency memoranda and records having only transitory value, mailing lists, meeting room registrations, notes, preliminary drafts, transmittal letters, visitor logs, voice mails.) F. Procedures: 1. Use the Records Retention Schedules as a guide for destroying records (see Appendix 1). 2. Identify boxes that are ready for destruction and complete the "Request for Authority to Destroy Obsolete Records" form (see Exhibit E). 3. Route the form to obtain proper approvals. Revised 07/16/1z Page 7 of 13 4. Once approvals have been obtained, arrange for shredding of the records. 5. Complete "Statement of Records Destruction" form (see Exhibit 1) if shredding to be performed in house. Obtain a certificate from the vendor if destruction is to be performed by a commercial business. 6. Retain certificates of destruction and approved authorizations in accordance with the Records Retention Schedule. 10.0 ELECTRONIC RECORDS MANAGEMENT/ NETWORK DRIVES A. Network Policies: 1. Retention periods, public access and other policies and procedures for paper records also apply to electronic records. 2. Delete drafts, copies, notes and memoranda not retained in the ordinary course of business on a regular basis from all computer media. 3. Standardize file folder structures using the File Classification System (see Appendix 2) and utilize document naming conventions (see Appendixes 4 and 5) to ensure all employees can find information quickly and easily on the network. 4. Store all files on networked drives; these are backed -up nightly and are accessible to other employees during illnesses or vacations. 5. Do not store any District records on desktops or C: drives, which are not backed up. 6. The District's policies dictating what records are to be stored on specific drives are located in Appendix 6. 11.0 TRUSTWORTHY ELECTRONIC RECORDS/ DOCUMENT IMAGING A. Trustworthy Electronic Record S3 are those electronic records that are intended to serve as the District's official records (rather than preliminary drafts or copies). 1. For purposes of this policy, "Official Record" is used interchangeably with "Trustworthy Electronic Record." B. Records intended to serve as Trustworthy Electronic Records in the Electronic Content Management System (ECMS) can only be stored in the ECMS provided for that purpose. 1. The ECMS that the District has purchased and supports is Laserfiche. For the purposes of this policy, ECMS is used interchangeably with document imaging system. 2. No electronic records that are to serve as the District's Trustworthy Electronic Record may be stored in any other location without prior 3 California Code of Regulations, 22620, Government Code 34090.5, 12168.7, Evidence Code 1550 used 07/16! ' Page 8 of 13 written approval of the District's Records Manager and General Manager. C. The District will be in full compliance with all applicable laws to ensure the integrity of official records / trustworthy electronic records. 1. All images and indexes shall be stored on unalterable media, which shall be stored in a safe and separate location. 2. Written procedures in compliance with this policy must be developed and followed by each department, and be approved by the District's Records Manager or his /her designee prior to implementation (see Appendix 7). D. Retention periods for electronic records must be designed into the software or procedures and approved by the District's Records Manager prior to commencement of the start of any new project. E. Whether scanning is done "in- house" (by District employees,) or "outsourced" (by contracted services,) any new records series to be imaged or which is intended to serve as the District's official record must be approved by the District' Records Manager prior to commencement. Coordination with the Information Technology Department is required to ensure there is adequate space on the District's fileservers prior to commencing any outsourced scanning projects. F. In general, only the department which is considered the "Office of Record," is responsible for scanning documents that are to serve as the District's original record. This will avoid duplication of effort and costs. G. Prior to destroying the paper version of a record to rely on the image, or the electronic version of a record as the District's official record / trustworthy electronic record, written approval via the form, "Request for Authority to Destroy Paper Records After Imaging" must be completed and authorized (see Exhibit G). H. As the electronic official record is created (whether electronically generated or scanned) the following steps must be complied with prior to destruction of the paper version: 1. Images have been quality checked, and contain all significant details from the original and are an adequate substitute for the original document for all purposes for which the document was created or maintained. 2. Indexing has been verified / quality checked. 3. Images have been stored on unalterable media: CD -R, DVD -R, WORM (Write Once, Read Many) Media or microfiche / microfilm. 4. The selected unalterable media has been stored in a safe and separate location. Revised 07/16/1z Page 9 of 13 I. Each Department Must: 1. Have a template or other document naming and indexing device designed and approved by the District's Records Manager. 2. Ensure the retention period for the document (as provided in the District's Records Retention Schedule) has been provided for either in the template data or folder name. Records Series that have a permanent retention are excluded from this requirement. 3. Scan all records at a minimum 300 dpi (dots per inch). 4. Have written procedures to ensure compliance with quality checking of the images and indexes, which may include a log or other documentation as approved by the Records Manager. J. Each department has developed a Document Imaging Plan, which prioritizes which record series are placed in the ECMS to achieve a maximum benefit to the District. Refer to separate documents, Document Imaging Plans, for each department (see Appendix 8). 12.0 E -MAIL, PDAs (Personal Digital Assistants) & SOCIAL MEDIA A. Electronic telecommunications systems (e -mail, voice mail, fax systems, PDAs, Internet, etc.) are a media for transport of communication and are methods to send, receive, or temporarily store correspondence. Communications generated through these systems must be managed in the same manner in which paper correspondence is managed. Employees are responsible for determining which electronic communications must be printed and filed or saved in an appropriate location, and which records are copies or considered transitory and delete them accordingly. Retention of an e -mail, electronic, or paper record is determined because it is either (1) required be kept by law or (2) because it is necessary or convenient to the discharge of the public officer's duties, and was made or retained for the purpose of preserving its informational content for future reference. B. E -mail is a business tool which will be used in accordance with generally accepted business practices and current law reflected in the California Public Records Act to provide an efficient and effective means of intra- agency and inter - agency communications. C. Users are solely responsible for the management of their electronic mailboxes, just as they are their responsible for sorting through paper mail in their Inboxes from the US Post Office or inter - office memoranda. E -mail is not a permanent storage medium and staff is expressly forbidden to use it as such. E -mail Inboxes and Outboxes shall be emptied on a regular basis, after records have been appropriately saved, as outlined below. Revised 07/16/14 Page 10 of 13 D. E -mail messages which are intended to be retained in the ordinary course of the District's business are recognized as official records that need protection / retention in accordance with the California Public Records Act. Because the e -mail system is not designed for long -term storage, e -mail communications which are intended to be retained as an official record must be printed out and the hard copy filed in the appropriate subject file, or saved in an electronic file folder in the ECMS system. E. Employees are encouraged to use links to documents, rather than attachments, which is more efficient and saves drive space. F. The District will maintain all e -mail messages determined by staff to be official records for a minimum of two (2) years or as otherwise designated in the District's retention schedule by printing and saving them in a paper file, or by saving them electronically. 1. These records shall be managed in accordance with various laws and District policies (e.g. separate and protect confidential attorney /client privileged communications, etc.). 2. E -mails may only be sent or forwarded to appropriate persons with a need to know the information in order to conduct District business. G. E -mail communications that are not intended to be retained and which serve no useful purpose to the District (preliminary drafts, notes, transitory correspondence, interagency or intra- agency memoranda not retained in the ordinary course of business) will be deleted after a period of 90 days. H. Text messages regarding District business (official records) are not allowed to be conducted on personal cell phones, smart phones or PDAs, as they cannot be properly managed and retained. I. Separation / Transfer of Employees. If an employee separates from the District, or transfers to another department, the records stored in the e -mail account of the employee shall be the responsibility of that employee's (former) supervisor. 1. The supervisor shall review the e -mails of the former employee, ensure the content of their e -mail account are preliminary drafts not retained in the ordinary course of business, then authorize their deletion (after appropriate records are retained for their retention period, if appropriate). 2. The Information Technology Department shall ensure that employees that separate from the District do not have access to District e -mail immediately after notification from the Human Revised 07/16/14 Page 11 of 13 Resources Department, and that the Supervisor has access to the former employee's account. 13.0 ANNUAL RECORDS MANAGEMENT AUDIT A. Every department will complete an audit of their department's records management program once a year. B. The form, "Records Management Program Audit" (see Exhibit H) will be utilized to conduct the audit, which will be performed by the department's Records Coordinator, reviewed by the Department Manager and forwarded to the Records Manager. C. When completing the audit, accurate descriptions of the conditions of the records management program within that department shall be utilized. D. The audit allows departments and the District to address unmet needs, areas where the department is not up to date, or identity other conditions that need additional resources to ensure compliance with the District's records management program. 14.0 PRIOR POLICIES A. Prior records management policies and Administrative Checkpoints 21, 22 and 44 are rescinded. 15.0 EXHIBITS AND APPENDIXES EXHIBITS A. Employee Policy Acknowledgement Form B. Request for Public Records C. Fee Schedule D. Records Transfer Authorization E. Request for Authority to Destroy Obsolete Records F. Request for Amendment to Records Retention Schedule G. Request for Authority to Destroy Paper Records After Imaging H. Records Management Audit I. Statement of Records Destruction Revised 07/16/14 Page 12 of 13 APPENDIX 1. Records Retention Schedules 2. File Classification System 3. Procedures for Utilizing Records Management Database 4. Naming Conventions 5. Records Retention Period Codes 6. Storage Locations for Electronic Records 7. Procedures for Scanning, Importing and Indexing Records in Laserfiche 8. Document Imaging Plans APPROVED: Steve Conklin, Acti ■ Revised 07/16/14 Page 13 of 13 2010 -001 Exhibit B Yorba Linda Water District REQUEST FOR PUBLIC RECORDS Description of public records requested (please be specific): I wish to inspect these records on site at no charge. I wish to receive copies of these records (please see Fee Schedule). Name: Address: City /State /Zip: Phone Number: Signature: E -mail Address: Date: The District will respond to this request within 10 calendar days of receipt as set forth in Page 2. Date Request Received: Date Response Due: _ Date Responded: Employee Name, Title Employee Signature Estimated Cost/Deposit: _ Refund /Additional Payment: Total Cost: Department/Division Date Revised 06/19/14 Page 1 of 2 FAA's 1. How do I submit a request for public records? Requests for public records can be made either verbally or in writing (including e- mail). Written requests are strongly encouraged in order to assist District staff in more accurately identifying the records being requested and to process the request more efficiently. When requests are made verbally, District staff may confirm the request in writing to ensure that they have correctly understood the request. 2. Can I stop by the District's office during regular business hours to inspect the public records I am interested in? Advance notice is not required to inspect public records; however it is recommended that you contact the District's Records Manager in advance to schedule an appointment. Please keep in mind that requests to inspect records are subject to a rule of reason and must be consistent with the efficient functioning of the District's offices. Failure to make an appointment in advance may result in a delay while the records are being located and reviewed. There is no charge to inspect records. However, in order to prevent records from being lost, damaged or destroyed during inspection, District staff may determine the location of and monitor the inspection. 3. How do I request access to or copies of Statements of Economic Interest (Form 700) for the Board of Directors of District staff? At this time, the Clerk of the Orange County Board of Supervisors (COB) serves as the filing officer for the District for the Board of Directors and other specifically designated positions with the exception of Consultants. Most all filings are submitted electronically to the COB using the County's eDisclosure system. However, the District does maintain a courtesy copy of these filings for the public's convenience. Appointments to review and /or obtain copies of Form 700 filings during regular business hours are not required but contacting the District's Records Manager in advance will help expedite your request. 4. Will District staff assist me with my request? Yes. District staff will make a reasonable effort to assist you in identifying records that may be responsive to your request. 5. Is the District required to create records that do not exist? No. The District is not required to synthesize, manufacture or summarize records (i.e. develop new records). The District is only responsible for providing access to or copies of non - exempt records that exist as of the time the request was submitted. 6. When will I receive a response to my request? You will be notified within 10 calendar days as to whether or not the District possesses disclosable records responsive to your request. In unusual circumstances, the District may need to extend this determination period up to an additional 14 days. Notification of an extension will be provided in writing. At the time a determination is made, District staff will provide a good faith estimate of when the records will be available. The production of records will always be made within a reasonable amount of time which can be subjective to the type, volume and location of the records being requested. The District may decline access to or duplication of records (or portions of records) which are exempt from disclosure under the law. Notification of denial will also be provided in writing. Revised 06/19/14 Page 2 of 2 Yorba Linda Water District FEE SCHEDULE In an effort to conserve resources, electronic format whenever possible submitting your request. Paper Copy - Up to 20 Pa (Standard Size *) Paper Copy - 21 Pages of (Standard Size *) Scanned /Electronic Form (Up to 8 MB Sent Via E -rr 2010 -001 Exhibit C the District prefers to provide records in Please consider this alternative when CD /DVD or Other Electronic Storage Device (8 MB or Larger) Mailing /Shipping No Charge $0.25 per page ** No Charge Actual Costs Actual Costs ■ Only the direct cost (or statutory fee if applicable *) of duplicating a record will be charged. Staff time for research, retrieval and review is not considered part of this cost. ■ The cost for producing or constructing a record that requires data compilation, extraction or programming will be charged. The hourly rate will vary depending on the nature and complexity of the request and will be determined by the General Manager. ■ Copies of records will be provided upon receipt of full payment for associated costs. * Charges for paper copies of records larger than 11x17 will be determined by the Records Manager. Copies of Statements of Economic Interest (Form 700) will be provided at a charge not to exceed $0.10 per page. A retrieval fee not to exceed $5.00 per request shall be charged for copies of statements which are 5 years old or more (California Government Code Section 81008). Revised 07/08/14 Page 1 of 1 Material Distributed Less Than 72 Hours Prior to the Meeting ITEM NO. 8.4 AGENDA REPORT Meeting Date: July 24, 2014 To: Board of Directors From: Steve Conklin, Acting General Mgr Presented By: Steve Conklin, Acting General Mgr Reviewed by Legal: Yes Prepared By: Steve Conklin, Acting General Mgr Subject: Response Letter Regarding Proposed Cielo Vista Project SUMMARY: On July 17, a letter was received from North County BRS Project, LLC, the developer of the proposed Cielo Vista Project (copy attached). The letter requested that the District proceed with what they describe as "the Northeast Area Plan." That is, they ask that the District begin preparation of the Development Agreement with the developer and begin with "an engineering plan that will create the design documents for the construction of the facilities." District staff has prepared a draft response letter (attached) indicating that there will be no action by the District until the Final EIR is certified by the County (as the lead agency) and the project is approved by the County. STAFF RECOMMENDATION: That the Board review the draft response letter and provide direction to staff. ATTACHMENTS: Letter from North County BRS Project, LLC Draft response letter from YLWD Material Distributed Less Than 72 Hours Prior to the Meeting North County BRS Project, LLC July 14, 2014 Mr. Robert Kiley, President Members of the Board of Directors Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, CA 92870 Dear Board Members: JUL 17 2014 As you know, representatives of the Cielo Vista project have been working with the District Board and staff for some time to identify the proper steps that need to be taken to provide our project with water and sewer service. The completion of the March 2013 Northeast Area Planning Study by Carollo Engineers (the "March 2013 Study ") was a key step, and we appreciate the District's efforts in that regard. Additionally, we are asking your Board to authorize staff to proceed with the next logical steps in the process for providing water and sewer service to our property. As stated on page ES -1, the purpose of the March 2013 Study was two -fold: (1) to "evaluate the capacity of existing distribution system facilities" and (2) to "size new infrastructure required to provide water under anticipated operational conditions for future demands." Those future demands will arise from the proposed Esperanza Hills and Cielo Vista projects. To best meet those demands, the March 2013 Study recommended that new reservoirs be located on the Esperanza property, to be served by new mains that cross the Cielo Vista property. To date, however, there are no implementation plans for these improvements. Both projects are now approaching the final stages of approval. The respective Draft Environmental Impact Reports (DEIRs) for both projects have been completed, public comments have been received and responses to comments on the DEIRs are being prepared. Accordingly, we are requesting your Board's concurrence that the time is now right to take the next steps necessary to begin implementation of the March 2103 Study's recommendations. Implementation of the Northeast Area Plan will require two action plans. The first is a service plan that will define the obligations of each developer and the second is an engineering plan that will create the design documents for the construction of the facilities. Both of these plans will require action by the Yorba Linda Water District. The service plan agreements would address, among other things, the "fair share" of the costs to be allocated between the two developers; the responsibilities for construction of in -tract and backbone facilities; the timing and methods of payment to the District for the construction of the backbone facilities; and provisions for construction of the facilities should one project proceed in advance of the other. 3 Corporate Plaza, Suite 102 Newport Beach, CA 92660 (949) 644 -3514 (949) 644 -3977 Material Distributed Less Than 72 Hours Prior to the Meeting We are also ready to begin working on the engineering plans that will create the design documents for the construction of the necessary facilities. The engineering plans would specify the location of the facilities, identify easements and /or land dedications required and include construction drawings for the final public improvements to the water storage and distribution system. Therefore, we respectfully request that you authorize your staff to begin working with us on the two items referenced in this letter: the necessary service plan agreements with the developers, and the required engineering plans for the future facilities. Thank you for considering this request. Very Truly Yours, 0 D Ro ert W. Smith cc: Steve Conklin, Interim General Manager 3 Corporate Plaza, Suite 102 Newport Beach, CA 92660 (949) 644 -3514 (949) 644 -3977 Material Distributed Less Than 72 Hours Prior to the Meeting July 22, 2014 Mr. Robert W. Smith North County BRS Project, LLC 3 Corporate Plaza, Suite 102 Newport Beach, CA 92660 Subject: Cielo Vista Project Dear Mr. Smith, This is in response to your letter dated July 14, 2014 regarding the proposed Cielo Vista Project. In your letter, you reference the proposed Cielo Vista Project and the proposed Esperanza Hills Project, which would be adjacent residential developments in the unincorporated, northeast part of the service area of Yorba Linda Water District (District). Draft EIRs have been prepared and circulated for both projects by the County of Orange, and review comments received. You note that both projects are now approaching the final stages of approval. On July 22, 1 spoke with Mr. Ron Tippets, the planner reviewing the Cielo Vista Project in the Planning Section of the Orange County Public Works Department. Mr. Tippets indicated that he is not aware of any recent progress in responding to the comments raised regarding the draft EIR, or any apparent progress made concerning issues raised by the District and others. Given the lack of progress to date, the District will not be moving forward with any actions until the Final EIR for the project is certified by the County (as the Lead Agency) and the project is approved by the County. I will reiterate that the position of the District has remained firm and unchanged concerning the Cielo Vista Project, and as clearly stated in the District's January 13, 2014 Comments regarding the Draft EIR for the Project. Namely, that water and sewer services and facilities for the Cielo Vista and Esperanza Hills projects must be planned and designed in concert to serve the combined area; separate or piece- meal development of water and sewer services is not acceptable. As confirmed in my discussion with Mr. Tippets, the County and the Water District are available to meet with representatives of the two projects if and when they are prepared for concrete discussions to amicably work to address the issues at hand. Please contact me when you are prepared to move forward. Sincerely, Steve Conklin, P.E. Acting General Manager Copy: Laree Brommer, Manager, OC Planning Services Ron Tippets, Planner, OC Planning Services ITEM NO. 11.1 AGENDA REPORT Meeting Date: July 24, 2014 Subject: Executive - Administrative - Organizational Committee (Kiley / Collett) • Minutes of the meeting held July 14, 2014 at 4:00 p.m. • Next meeting is scheduled to be held August 11, 2014 at 4:00 p.m. ATTACHMENTS: Name: 071414 EAO - Minutes.docx Description: EAO Mtg Minutes 07/14/14 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT EXECUTIVE - ADMINISTRATIVE - ORGANIZATIONAL COMMITTEE MEETING Monday, July 14, 2014, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. 3 4 5 The July 14, 2014 meeting of the Yorba Linda Water District's Executive - Administrative- Organizational Committee was called to order by Director Kiley at 4:00 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. ROI I CAI I COMMITTEE STAFF Director Robert R. Kiley, Chair Steve Conklin, Acting General Manager Director Ric Collett Damon Micalizzi, Public Information Officer Annie Alexander, Executive Secretary OTHER ATTENDEES Art Kidman, Partner, Kidman Law LLP Christopher Townsend, President, Townsend Public Affairs PUBLIC COMMENTS None. ACTION CALENDAR 4.1. CSDA Region 6 Election of Officers and Board Members for 2014 -2018 Term Mr. Conklin reported that Seat C for the above for Orange and San Diego counties is up for a new representative and five candidates have submitted statements for consideration. The Committee discussed this item and asked that it be forwarded to the Board for consideration. DISCUSSION ITEMS 5.1. Status of Legislative Affairs (Verbal Report) Mr. Townsend discussed with the Committee, federal, state and local political and legislative issues of interest and importance to the District. At the completion of this item, Mr. Townsend left the meeting. 5.2. Records Management Policy Miss Alexander joined the meeting for this item. She reported that she and other staff have prepared a proposed Records Management program 1 for which a draft policy has been developed and was provided for review by the Committee. The purpose of the policy is to ensure that the District's records (both paper and electronic) are created, managed and retained or disposed of appropriately and in accordance with relevant legislation. The Committee reviewed and discussed the elements of the policy and recommended that the Records Management Policy be forwarded to the Board with the Committee's recommendation of approval. Miss Alexander left the meeting at the conclusion of this item. 5.3. Status of Policies & Procedures (Verbal Report) Mr. Conklin handed out copies of the latest draft of the tables titled "Status of YLWD Policies and Procedures." He reviewed the list of policies assigned to each District department and the status of each. Mr. Conklin recalled that each of the departmental tables is reviewed and discussed at the appropriate District committee on a monthly basis. He noted that the entire package will be further refined and will be brought to the Board for review at the July 31, 2014 workshop meeting. Mr. Conklin then handed out a copy of a memo titled "Codification of District's Ordinances and Resolutions," in which it is proposed that the Board's recorded actions in 7 active ordinances and 52 resolutions be compiled into a District Administrative Code. The memo noted that staff has identified 34 California water districts which have Administrative Codes in place. The memo also identified four firms and cost quotations to provide the services to codify the above documents. Mr. Conklin noted that this information will be brought to the Board for review at the July 31, 2014 workshop meeting. 5.4. Future Agenda Items and Staff Tasks None. 6. ADJOURNMENT 6.1. The meeting was adjourned at 5:40 p.m. The next Executive - Administrative- Organizational Committee meeting is scheduled to be held Monday, August 11, 2014 at 4:00 p.m. 2 Meeting Date Subject: ATTACHMENTS: AGENDA REPORT July 24, 2014 Public Affairs - Communications - Technology Committee (Collett / Kiley) Name: 070714 PACT - Minutes.docx ITEM NO. 11.5 Minutes of the meeting held July 7, 2014 at 4:00 p.m. Next meeting is scheduled to be held August 4, 2014 at 4:00 P.M. Description: PACT Mtg Minutes 07/07/14 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC AFFAIRS - COMMUNICATIONS - TECHNOLOGY COMMITTEE MEETING Monday, July 7, 2014, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. 3 4. F1 The July 7, 2014 meeting of the Yorba Linda Water District's Public Affairs - Communications- Technology Committee was called to order by Director Collett at 4:00 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. ROI I CAI I COMMITTEE MEMBERS PRESENT Director Ric Collett, Chair Director Robert R. Kiley PUBLIC COMMENTS None. ACTION CALENDAR STAFF PRESENT Steve Conklin, Acting General Manager Art Vega, Acting IT Manager Damon Micalizzi, Public Information Officer 4.1. Letter with District Comments on the Draft Public Review Bay -Delta Conservation Plan Following discussion, the Committee determined to cided to take the item to the full Board for consideration. DISCUSSION ITEMS 5.1. Status of GIS Upgrade (Verbal Report) Mr. Vega updated the Committee on the progress of this project which will include GIS and GIS - related software. He informed the Committee that there are two parts to this upgrade. The first being updating the desktop software and the second being the server software update which will include a new GIS server that will continue to be virtualized. The first part of this upgrade was completed on Friday, June 20, 2014 where IT staff upgraded the following desktop software: ArcGIS Desktop, AutoCAD and InfoWater (Hydraulic Water Model software). CityWorks (CMMS) will be completed at a later date. Staff also loaded InfoWater license managing software on the GIS server to share one InfoWater license amongst two District engineers. 1 5.2. Status of CMMS Services (Verbal Report) Mr. Vega kept the Committee apprised of the current status of this project. Mr. Vega indicated that the staff - survey for GIS /CMMS has been closed and that the next phase will be to conduct interviews with staff. Once the interviews are completed, ECS, the District's consultant, will commence to draft a strategic plan for CMMS /GIS based on the survey and interview results. 5.3. Draft Summer Newsletter The Committee reviewed the Draft Summer Newsletter and approved it for release in August with only minor edits. 5.4. Portable Water Trailer for Community Events and Emergency Response (Verbal Report) Mr. Micalizzi presented to the Committee an option for utilizing the District's currently owned but seldom used Emergency Response Trailer, as a Community Outreach tool for special events. The Committee will review options for decor at the next meeting. 5.5. Future Media Outreach and Press Relations (Verbal Report) Mr. Micalizzi updated the Committee on possible upcoming news articles pertaining to the District, noting a piece in the YL Star on the latest rate increase and a comparison of YLWD rates amongst other agencies in the region. 5.6. Status of Current Public Outreach Activities The Committee reviewed the report noting that more than 50,000 bottles of water were donated for FY 13/14. 5.7. Future Agenda Items and Staff Tasks None. 6. ADJOURNMENT 6.1. The meeting was adjourned at 5:15 p.m. The next Public Affairs - Communications- Technology Committee meeting is scheduled to be held Monday, August 4, 2014 at 4:00 p.m. 04 Meeting Date Subject: ATTACHMENTS: AGENDA REPORT July 24, 2014 Meetings from July 25, 2014 - August 31, 2014 ITEM NO. 13.1 Description: Type: BOD - Activities Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: July 2014 Citizens Advisory Committee Meeting Mon, Jul 28 8:30AM Kiley Finance - Accounting Committee Meeting Mon, Jul 28 4:OOPM Beverage /Hawkins MWDOC Water Policy Forum Wed, Jul 30 5:30PM Collett/Hawkins /Kiley Board of Directors Workshop Meeting Thu, Jul 31 8:OOAM Melton ISDOC Thu, Jul 31 11:30AM Hawkins Auaust 2014 WACO Fri, Aug 1 7:45AM Kiley /Hawkins Pub Affairs - Communications -Tech Committee Meeting Mon, Aug 4 4:OOPM Collett/Kiley Yorba Linda City Council Tue, Aug 5 6:30PM Collett MWDOC Wed, Aug 6 8:30AM Melton OCWD Wed, Aug 6 5:30PM Collett Planning- Engineering- Operations Committee Meeting Thu, Aug 7 4:OOPM Melton /Beverage Exec - Admin- Organizational Committee Meeting Mon, Aug 11 4:OOPM Kiley /Collett Personnel -Risk Management Committee Meeting Tue, Aug 12 4:OOPM Hawkins /Melton LAFCO Wed, Aug 13 8:30AM Beverage UWI Water Conference Wed, Aug 13 1:OOPM Kiley Yorba Linda Planning Commission Wed, Aug 13 6:30PM Beverage UWI Water Conference Thu, Aug 14 8:OOAM Kiley Board of Directors Regular Meeting Thu, Aug 14 8:30AM Yorba Linda LMCAC Thu, Aug 14 6:30PM Beverage UWI Water Conference Fri, Aug 15 8:OOAM Kiley Yorba Linda City Council Tue, Aug 19 6:30PM Kiley MWDOC Wed, Aug 20 8:30AM Melton OCWD Wed, Aug 20 5:30PM Collett Finance - Accounting Committee Meeting Mon, Aug 25 4:OOPM Beverage /Hawkins Joint Committee Meeting with City of Yorba Linda Tue, Aug 26 5:OOPM Kiley /Collett Yorba Linda Planning Commission Wed, Aug 27 6:30PM Melton OCSD Wed, Aug 27 6:30PM Kiley Board of Directors Regular Meeting Thu, Aug 28 8:30AM Yorba Linda LMCAC Thu, Aug 28 6:30PM Collett 7/18/2014 8:49:10 AM