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Home My WebLink About2009-04-09 - Board of Directors Meeting Agenda Packet Agenda Packet Regular Meeting of the Board of Directors April 9, 2009 6:30 p.m. 1717 E. Miraloma Avenue, Placentia, CA 92870 Yorba Linda IkN,I Water District Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, April 9, 2009, 6:30 P.M. 1717 E Miraloma Avenue, Placentia, CA 92870 (714) 701- 3020 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL John W. Summerfield, President William R. Mills, Vice President Paul R. Armstrong Michael J. Beverage Ric Collett ADDITIONS/DELETIONS TO THE AGENDA 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. SPECIAL RECOGNITION None. 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. 1. Minutes of the Board of Directors Workshop Meeting held March 23, 2009 Recommendation: Approve the minutes as presented. 2. Minutes of the Regular Board of Directors Meeting held March 26, 2009 Recommendation: Approve the minutes as presented. 3. Payment of Bills, Refunds, and Wire Transfers Recommendation: Ratify and authorize disbursements in the amount of $1,859,845.93. 4. Progress Payment No. 11 for the Highland Reservoir Replacement Project Recommendation: Approve Progress Payment No. 11 in the net amount of $365,462.60 to Schuler Engineering Corporation and 10% retention of $40,606.96 deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309. 5. Damage Claim Filed by Michael Burns, 19926 Trotter Lane, Yorba Linda Recommendation: That the Board of Directors reject the claim riled by Michael Bums. 6. Damage Claim Filed on Behalf of loan Marc, 5052 Grandview Avenue, Yorba Linda Recommendation: That the Board of Directors reject the claim riled on behalf of loan Marc. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 7. Sewer Acreage Fee Agreement with Shapell Industries, Inc. Recommendation: Authorize the President and Secretary to execute an Acreage Fee Agreement with Shapell for Vesting Tentative Tract Map 16208, subject to prior execution of the Agreement by Shapell. 8. Change Order No. 6 for the Lakeview Reservoir Project Recommendation: Approve Change Order No. 6 adding 21 calendar days for construction of the Lakeview Reservoir Project, Job No. 200704. 9. Professional Services Agreement Amendment for Environmental Compliance Services for the Highland Reservoir Replacement Project Recommendation: Authorize an amendment to the Professional Services Agreement with Bon Terra Consulting in the amount of $15,700 for additional environmental compliance services for the Highland Reservoir Replacement Project, Job No. 200309. 10. Award of Geotechnical Engineering Services for the Hidden Hills Reservoir Project Recommendation: Authorize execution of a Professional Services Agreement for Geotechnical Engineering Services with Leighton Consulting, Inc. for the Hidden Hills Reservoir Project in the amount of $94,558. 11. Rebuild of Engine No. 5 at Highland Booster Station Recommendation: Authorize the General Manager to execute a Purchase Order with Cummins Engine Company in the amount not to exceed $40,000 to rebuild the Highland Booster Pump Station Engine No. 5. 2 12, Resolution Supporting the Santa Ana River Watershed Integrated Regional Water Management Plan Recommendation: Adopt Resolution 09-05 supporting the "One Water One Watershed" Santa Ana River Watershed Integrated Regional Water Management Plan and its submittal to the Department of Water Resources for Proposition 84 Funding, and authorize the General Manager to send a response letter to Santa Ana Watershed Project Authority staff. 13. Legal Services for Upcoming Labor Negotiations Recommendation: Authorize the General Manager to engage the services of Richard Kreisler, of Liebert Cassidy & Whitmore to provide employment relations services for the District's Labor Negotiations with the Yorba Linda Water District's Employee Association. 14. Draft Water Conservation Ordinance Recommendation: (1) That the Board review, discuss and provide additional comments to staff. (2) That the Board set a public hearing for May 14, 2009 to solicit feedback and testimony from the public. 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. 15. Status of Hidden Hills Reservoir Project Recommendation: This is for information only. No action is required. REPORTS, INFORMATION ITEMS AND COMMENTS 16. a. President's Report b. Directors' Reports C. General Manager's Report d. Future Agenda Items and Staff Tasks COMMITTEE REPORTS 17. a. Executive-Administrative-Organizational Committee (Summetfield/Mills) Alternate: Collett 1) Minutes of meeting held April 8, 4:00 p.m. (to be provided at the meeting). 2) Meeting scheduled for April 21, 4:00 p.m. 3 b. Finance-Accounting Committee (Beverage/Summerfield) Alternate: Mills 1) Meeting scheduled for April 14, 4:00 p.m. C. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summerfield 1) Minutes of meeting held April 1, 4:00 p.m. 2) Meeting scheduled for May 11, 4:00 p.m. d. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage 1) Minutes of meeting held April 2, 4:00 p.m. (to be provided at the meeting). 2) Meeting scheduled for May 7, 4:00 p.m. e. Public Information-Technology Committee (Collett/Beverage) Alternate: Armstrong 1) Minutes of meeting held April 7, 4:00 p.m. (to be provided at the meeting). 2) Meeting scheduled for May 5, 4:00 p.m. f. MWDOC/OCWD Ad Hoc Committee (Mills/Collett) Alternate: Summerfield 1) Meeting scheduled for May 26, 4:00 p.m. g. Revenues and Rates Ad Hoc Committee (Collett/Mills) 1) Meeting scheduled for April 28, 4:00 p.m. (Tentative) h. City of Placentia Ad Hoc Committee (BeverageNecch iarel li ) 1) Meeting to be scheduled. L Citizens Advisory Committee 1 Minutes of meeting held March 31, 4:00 P.m. 2) Minutes of meeting held April 6, 8:00 a.m. (to be provided at the meeting). 3) Meeting to be scheduled. 4 INTERGOVERNMENTAL MEETINGS 18. a. MWDOC/MWD Workshop, April 1 (Staff) b. OCWD Board, April 1 (Staff) C. Yorba Linda City Council, April 7 (Mills) BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after April 9, 2009. Agenda is available in the District office prior to meeting. A ril Finance-Accounting Committee, Apr 14, 4:00 .m. Bevera a/Summerfield MWDOC Board, Apr 15,8:30 a.m. Staff OCWD Board, Apr 15,5:00 .m. Staff Yorba Linda Planning Commission, Apr 15, 7:00 .m. Collett Executive-Admin-Or anizational Committee, Apr 21, 4:00 .m. Summerfield/Mills Yorba Linda City Council, Apr 21, 6:30 .m. Armstrong District Board Meeting, Apr 23, 8:30 a.m. Revenues and Rates Committee, Apr 28, 4:00 .m. Tentative Collett/Mills Yorba Linda Planning Commission, Apr 29, 7:00 .m. Summerfield May Public Information-Technology Committee, May 5, 4:00 .m. Collett/Beverage Yorba Linda City Council, May 5, 6:30 .m. Mills MWDOC/MWD Workshop, May 6, 7:30 a.m. Staff OCWD Board, May 6, 5:00 .m. Staff Planning-Engineering-Operations Committee, May 7, 4:00 .m. Mills/Armstrong Personnel-Risk Management Committee, May 11, 4:00 .m. Armstrong/Collett Finance-Accounting Committee, May 12,4:00 .m. Bevera a/Summerfield Yorba Linda Planning Commission, May 13, 7:00 .m. Collett District Board Meeting, May 14, 6:30 .m. Executive-Admin-Or anizational Committee, May 19,4:00 .m. Summerfield/Mills Yorba Linda City Council, May 19, 6:30 .m. Armstrong MWDOC Board, May 20, 8:30 a.m. Staff OCWD Board, May 20, 5:00 .m. Staff Holiday, May 25 District Offices Closed MWDOC/OCWD Ad Hoc Committee Meeting, May 26,4:00 .m. Mills/Collett Yorba Linda Planning Commission, May 27, 7:00 .m. Summerfield District Board Meeting, May 28, 8:30 a.m. CONFERENCES AND SEMINARS Authorize attendance of Directors and such staff members of the District as approved by the General Manager to attend the following conferences and seminars. 19. None. 5 ADJOURN TO 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. 20. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Subdivision (b)(1)(b) of Section 54956.9 of the California Government Code Number of Potential Cases: Unknown The exposure to litigation arises from assertions of District responsibility for property and related losses incurred during the "Freeway Complex" firestorm of November 15 and 16, 2008. 21. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Pat Grady Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association ADJOURNMENT A regular meeting of the Board of Directors is scheduled for April 23, 2009, at 8:30 a.m., at 1717 E. Miraloma Avenue, Placentia, CA 92870. 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 internal website accessible at hftp://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. 6 2009 BOARD OF DIRECTORS CALENDAR JAN FEB MAR S M T W T F S S M T W T F S S M T W T F S 6j 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 4 5 6 7 9 10 8 9 10 11- 13 14 8 9 10 110 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 18 19 20 21 M 23 24 22 23 27 28 22M 24 25M 27 28 25 26 27 28 29 30 31 29 30 31 APR MAY JUN S M T W T F S S M T W T F S S M T W T F 1 2 3 4 1 2 1 2 3 4 5 6 5678M1011 3 4 5 6 7 8 9 7 8 9 10- 12 13 12 13 14 15 16 17 18 10 11 12 13 15 16 14 15 16 17 18 19 20 19 20 21 220 24 25 17 18 19 ` ZOx21 X22 23 21 22 23 24 26 27 x 26 27 28 29 30 24 25 26 27 29 30 28 29 30 31 JUL AUG SEP S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 5 6 7 8 10 11 2 3 4 5 6 7 8 6C7 8 9- 11 12 12 13 14 15 16 17 18 10 11 12 13M 15 15 13 14 15 16 17 18 19 19 20 21 22M 24 25 16 17 18 19 20 21 22 20 21 22 230 25 26 26 27 28 29 30 31 23 24 25 26 28 29 27 28 29 30 30 31 OCT NOV DEC S M T W T F S S M T W T F S S M T W T F 1 2 3 1 2 3 4 5 6 7 2 4a 5 4 5 6 7M 9 10 8 9 10 11 13 14 6 7 8 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 210 23 24 22 23 24 25 27 28 20 21 22 23 25 26 25 26 27 28 29 30 31 29 30 27 28 29 30 31 Board Meeting Feb 24-26, 2009 - ACWA 2009 Washington, D.C. Conference Activities May 19-22, 2009 - ACWA Spring Conference, Sacramento Holiday Dec 1-4, 2009 - ACWA Fall Conference, San Diego Rev. 12/30/08 Dec 9-11, 2009 - CRWUA 2008 Annual Conference, Las Vegas i APPROVED BY THE BOARD OF DIRECTORS ITEM NO. ~L OF THE YORBA LINDA WATER DISTRICT MINUTES OF THE APR - 9 2009 YORBA LINDA WATER DISTRICT „ / BOARD OF DIRECTORS WORKSHOP MEETING By March 23, 2009 The March 23, 2009 workshop meeting of the Yorba Linda Water District Board of Directors was called to order by President Summerfield at 8:00 a.m. The meeting was held at the District's EOC Room at 913 Richfield Road, Placentia CA 92870. DIRECTORS PRESENT STAFF PRESENT John W. Summerfield, President Ken Vecchiarelli, General Manager William R. Mills, Vice President Pat Grady, Assistant General Manager Paul R. Armstrong Steve Conklin, Engineering Manager Michael J. Beverage Lee Cory, Operations Manager Ric Collett Diane Cyganik, Finance Director Gina Knight, HR Manager Annie Alexander, Executive Secretary ADDITIONS/DELETIONS TO THE AGENDA None. PUBLIC COMMENTS None. DISCUSSION ITEMS 1. Strategic Planning, Goals and Objectives Mr. Vecchiarelli introduced the workshop facilitator, John Acampora, Senior Consultant for MAP Consulting, Inc. The workshop began with a discussion of the District's mission and vision statements. Suggestions for becoming a premier District were reviewed. Staff will work with the Citizen's Advisory Committee to develop an "innovation" plan to be presented to the Board in July. The Public Information-Technology Committee will also address improvements to the District's Public Relations/Education efforts at its meeting in April. Ideas for identifying a more self sufficient water source were then discussed. The Planning-Engineering-Operations Committee will address the potential for additional groundwater sources at its April meeting and as part of the ongoing budget process and review of capital projects. The development of a value statement was discussed. Following discussion, it was the consensus of the Board to assign the consideration and development of a value statement to the Public Information-Technology Committee following the budget process. Achievements during the previous year and suggested opportunities for improvement were discussed. Strengths and weaknesses of the District were reviewed. The Personnel-Risk Management Committee will address improvements in personnel retention and recognition at its meeting in April. A recess was declared at 12:00 p.m. The meeting reconvened at 12:45 p.m. Potential threats to the District were discussed including the reduced water supply and the possibility of a takeover by the City of Yorba Linda. Initiatives for 2009 were then discussed. The Rates and Revenues Ad Hoc Committee will address the development of a tiered rate structure at its first meeting. The Public Information-Technology Committee will address improvements to the District's water conservation program. Development of an asset management plan and initiation of a 1 year budget cycle were discussed. Following discussion, the Board instructed staff to prepare a 1 year budget for the FY 2009/10. The need for additional 1 year cycles will be determined at this same time next year. Emergency preparedness and implementation of a vehicle tracking program were then reviewed. Staff was instructed to provide the Board with additional information regarding available vehicle tracking programs. Opportunities for improved communication between staff and the Board were discussed. Staff will provide the Finance-Accounting Committee with all available monthly financial reports for review. The Committee will then recommend the types of report(s) to be made available to the Board. An agenda item titled "Future Agenda Items and Staff Tasks" will be added to all Board and Committee meeting agendas. PUBLIC COMMENTS CONTINUED None. Mr. Acampura stated that a report detailing the results of the planning workshop will be provided to staff within two weeks. ADJOURNMENT On a motion by Director Mills, seconded by Director Armstrong, the meeting adjourned at 3:00 p.m. The next meeting of the Board of Directors is scheduled for March 26, 2009, at 8:30 a.m. 2 APPROVED BY THE BOARD OF DIRECTORS ITEM NO. OF THE YORBA LINDA WATER DISTRICT APR - 9 2009 YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING E6~ March 26, 2009 BY _m The meeting March 26, 2009 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Summerfield at 8:30 a.m. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870. DIRECTORS PRESENT STAFF PRESENT John W. Summerfield, President Ken Vecchiarelli, General Manager William R. Mills, Vice President Pat Grady, Assistant General Manager Paul R. Armstrong Art Kidman, General Counsel Michael J. Beverage Steve Conklin, Engineering Manager Ric Collett Lee Cory, Operations Manager Diane Cyganik, Finance Director Gina Knight, HR Manager Cindy Botts, Management Analyst Annie Alexander, Executive Secretary ADDITIONS/DELETIONS TO THE AGENDA Item No. 8 was removed from the agenda. PUBLIC COMMENTS None. SPECIAL RECOGNITION None. CONSENT CALENDAR On a motion by Director Mills, seconded by Director Collett, the Board voted 5-0 to approve the Consent Calendar. Director Collett abstained from voting on Check No. 51226 of Item No. 2 due to a business conflict. 1. Minutes of the Regular Board of Directors Meeting held March 12, 2009 Recommendation: Approve the minutes as presented. 2. Payment of Bills, Refunds, and Wire Transfers Recommendation: Ratify and authorize disbursements in the amount of $1,008,487.69. 3. Progress Payment No. 10 for the Highland Reservoir Replacement Project Recommendation: Approve Progress Payment No. 10 in the net amount of $287,470.62 to Schuler Engineering Corporation and 10% retention of $31,941.18 deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309. 4. Progress Payment No. 22 for the Lakeview Reservoir Project Recommendation: Approve Progress Payment No. 22 in the net amount of $172,735.27 to SSC Construction, Inc. and 5% retention of $9,091.33 deposited to City National Bank escrow account for construction of the Lakeview Reservoir Project, Job No. 200704. 5. Independent Accountants' Report - Cash Out Audit of Former General Manager Recommendation: Receive and file the Independent Accountants' Report on Applying Agreed Upon Procedures for the Cash Out Audit of Michael A. Payne, former General Manager. 6. Arbitrage Calculation on YLWD Series 2003 Certificates of Participation Recommendation: Receive and file the Independent Accountants' Report on Applying Agreed Upon Procedures for the Installment Arbitrage Rebate Report for the 2003 Certificates of Participation. ACTION CALENDAR 7. Risk Management Claims Policy Resolution Ms. Knight introduced the item and explained that the proposed policy would establish procedures and provide staff with guidelines for handling liability claims. The Personnel-Risk Management Committee reviewed the policy at its last meeting and recommends adoption. Ms. Knight then responded to questions from the Board regarding the difference between the District's Retrospective Allocation Point and Retrospective Attachment Point. On a motion by Director Collett, seconded by Director Armstrong, the Board voted 5-0 on a Roll Call to adopt Resolution 09-03 Implementing the District's Risk Management Claims Policy. 8. Employee-Employer Relations Resolution This item was removed from the agenda. 9. Citizen's Advisory Committee Appointments Mr. Vecchiarelli distributed an updated list of proposed appointees and explained that staff would like to amend their recommendation to include appointment of all 18 individuals. On a motion by Director Mills, seconded by Director Armstrong, the Board voted 4-1, with Director Beverage voting No, to appoint 18 members of the Citizens Advisory Committee as recommended by staff. Mr. Vecchiarelli stated that the committee's first meeting would be conducted the following week. DISCUSSION ITEMS 10. Water Conservation Ordinance Mr. Vecchiarelli explained that the Executive-Administrative-Organizational Committee had reviewed the draft Ordinance at its last meeting. The finalized Ordinance will need to include a monetary incentive for water conservation in 2 order to comply with MWD's criteria. These new conservation measures will represent a drastic culture change. Staff then responded to questions from the Board regarding the different Water Supply Shortage levels and their possible affects on existing and future customers. The Board and staff then discussed suggested changes to the Ordinance and the implementation plan. 11. Status of Hidden Hills Reservoir Project Mr. Conklin reported that staff was working with the construction contractor on completing an agreement and obtaining the appropriate bonds and insurance coverage. Staff is also working with the State Parks Department on the required permit and expects execution the following week. The easement agreement with Shapell has been executed. Staff plans to issue a Notice to Proceed to the contractor in April. Construction is expected to be complete by May or June 2010. REPORTS. INFORMATION ITEMS AND COMMENTS 12. a. President's Report No report was given. b. Directors' Reports No report was given. C. General Manager's Report Mr. Vecchiarelli reported that FEMA has approved 5 of the 7 projects submitted for reimbursement from the Freeway Complex Fire. This represents a total of approximately $120,000 of the $157,000 submitted for reimbursement. Staff does not have specific information regarding when reimbursement can be expected. COMMITTEE REPORTS 13. a. Executive-Administrative-Organizational Committee (Summerfield/Mills) Alternate: Collett 1) Minutes of meeting held March 17 were provided in the agenda packet. Directors Summerfield and Mills attended. Items discussed during the meeting were as follows: Water Conservation Ordinance; reports on legislative and grant activities; and General Counsel's monthly summary billing report. 2) Meeting scheduled for April 21, 4:00 p.m. b. Finance-Accounting Committee (Beverage/Summerfield) Alternate: Mills 1) Minutes of meeting held March 13 were provided in the agenda packet. Directors Beverage and Summerfield attended. Items discussed during the meeting were as follows: Independent Accountants' Report on Applying Agreed Upon Procedures for the Cash-Out Audit of Michael A. Payne, former General Manager; 3 Independent Accountants' Report on Applying Agreed Upon Procedures for Arbitrage Calculation on 2003 Certificates of Participation; Investment Report ending January 31, 2009; Monthly Financial Statements for the Period Ending January 31, 2009; and Monthly Portfolio Report for the Period Ending February 28, 2009. 2) Meeting scheduled for April 14, 4:00 p.m. C. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summerfie/d 1) Meeting scheduled for April 13, 4:00 p.m. d. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage 1) Meeting scheduled for April 2, 4:00 p.m. e. Public Information-Technology Committee (Collett/Beverage) Alternate: Armstrong 1) Minutes of meeting held March 19 were provided in the agenda packet. Directors Collett and Beverage attended. Items discussed during the meeting were as follows: 2009 Newsletter Campaign; Water Conservation Ordinance Implementation Plan; current public relations activities; and update on new financial, utility billing, electronic imaging and agenda automation software. 2) Meeting scheduled for April 7, 4:00 p.m. f. MWDOC/OCWD Ad Hoc Committee (Mills/Collett) Alternate: Summerfield 1) Minutes of meeting held March 24, 4:00 p.m. were not provided at the Board meeting. Mr. Vecchiarelli provided a summary of what was discussed during the Committee meeting including the following: water supply; MWD water rates; LAFCO Governance Study; and the Water Conservation Ordinance. 2) Meeting scheduled for May 26, 4:00 p.m. g. City of Placentia Ad Hoc Committee (BeverageNecch iarel l i ) 1) Meeting to be scheduled. INTERGOVERNMENTAL MEETINGS 14. a. MWDOC Board, March 18 (Staff) Staff did not attend. 4 b. OCWD Board, March 18 (Staff) Staff did not attend. C. Yorba Linda City Council, March 17 (Armstrong) Director Armstrong attended and commented on several improvement projects discussed during the meeting. A public hearing regarding removal of a gate across a horse trail was also conducted. d. Yorba Linda Planning Commission, March 25 (Summerfield) Director Summerfield attended and made note of some of the items on the agenda including a request to construct a retaining wall at the Vista Del Verde community, construction on Bastanchury Road near the Yorba Linda Christian High School, and the new process of approving second story additions through the Zoning Department. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after March 26, 2009. Agenda is available in the District office prior to meeting. A ril MWDOC/MWD Workshop, Apr 1, 7:30 a.m. Staff OCWD Board, Apr 1, 5:00 .m. Staff Planning-Engineering-Operations Committee, Apr 2, 4:00 .m. Mills/Armstrong Public Information-Technology Committee, Apr 7, 4:00 .m. Collett/Beverage Yorba Linda City Council, Apr 7, 6:30 .m. Mills District Board Meeting, Apr 9, 6:30 .m. Personnel-Risk Management Committee, Apr 13, 4:00 .m. Armstrong/Collett Finance-Accounting Committee, Apr 14,4:00 .m. Bevera a/Summerfield MWDOC Board, Apr 15, 8:30 a.m. Staff OCWD Board, Apr 15, 5:00 .m. Staff Yorba Linda Planning Commission, Apr 15, 7:00 .m. Collett Executive-Admin-Or anizational Committee, Apr 21, 4:00 .m. Summerfield/Mills Yorba Linda City Council, Apr 21, 6:30 .m. Armstrong District Board Meeting, Apr 23, 8:30 a.m. Yorba Linda Planning Commission, Apr 29, 7:00 .m. Summerfield CONFERENCES AND SEMINARS 15. Orange County Water Summit - May 15, 2009 None of the Directors expressed interest in attending this event. Mr. Vecchiarelli and Ms. Botts both plan to attend. 5 ADJOURN TO CLOSED SESSION The Board adjourned to Closed Session at 10:08 a.m. All Directors were present. Also present were Messrs. Vecchiarelli, Grady and Kidman and Mses. Knight and Park. 16. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Subdivision (b)(1)(b) of Section 54956.9 of the California Government Code Number of Potential Cases: Unknown The exposure to litigation arises from assertions of District responsibility for property and related losses incurred during the "Freeway Complex" firestorm of November 15 and 16, 2008. The Board reconvened in Open Session at 10:31 a.m. President Summerfield reported that no action was taken during Closed Session that was required to be reported under the Brown Act. ADJOURNMENT The meeting adjourned at 10:32 a.m. The next meeting of the Board of Directors is scheduled for April 9, 2009, at 6:30 p.m. 6 ITEM NO. 3 AGENDA REPORT APPROVED BY THE BOARD OF DIRECTORS Board Meeting Date: April 9, 2009 OF THE YORBA LINDA WATER DISTRICT APR - 9 2009 To: Board of Directors From: Kenneth R. Vecchiarelli, General Manager Staff Contact: Diane Cyganik, Finance Director Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: N/A Funding Source: All Funds CEQA Account No: N/A Job No: N/A Compliance: N/A Estimated Costs: $1,859,845.93 Dept: Bus Subject: Payments of Bills, Refunds, and Wire transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. DISCUSSION: The major items and wire transfers on this disbursement list are as follows: A wire of $265.50 to ACWA-EAP for April 2009 EAP; a wire of $83,042.76 to ACWA-HBA for April 2009 health premium; a wire of $985,987.01 to U S Bank for 2003 and 2008 Certificates of Participation interest; and, a check of $365,462.60 to Schuler Engineering Corporation for Job 200309 progress payment; The balance of $192,769.90 is routine invoices. ADP is now issuing our payroll checks, with the exception of the third party checks, listed below. In summary, the check register total is $1,627,527.77; payroll No. 6 total is $232,318.16; and, the disbursements of this agenda report are $1,859,845.93. A summary of the checks is as follows: Pavables: Computer Checks Check Nos. 51255 - 51345 Void Check Check No. 51346 Payroll #6: Manual Checks Check Nos. 4269 - 4275 Void Checks Check Nos. 4276 - 4277 Manual Checks Check Nos. 4278 - 4279 Void Checks Check Nos. 4280 - 4284 Manual Checks Check Nos. 4285 - 4289 The disbursement total for the current period is $1,859,845.93, distributed as follows: Water $1,826,713.34 Sewer $ 30,532.46 ID #1 $ 0.00 ID #2 $ 2.600.13 TOTAL $1,859,845.93 PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $1,859,845.93. April 9, 2009 CHECK NUMBERS 51255 TO 51345 $ 558,232.50 51346 $ 0.00 WIRES: W-32709 ACWA-EAP $ 265.50 W-32709A ACWA-HBA $ 83,042.76 W-33009 U S Bank $ 985.987.01 $ 1,069,295.27 TOTAL OF CHECKS AND WIRES: $ 1,627.527.77 PAYROLL NO. 6: CHECK NUMBERS: 4269 TO 4289 $ 232,318.16 TOTAL: $ 1,859,845.93 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF APRIL 9, 2009 TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS AS FOLLOWS: WATER $1,826,713.34 SEWER $ 30,532.46 ID # 1 $ 0.00 ID # 2 $ 2,600.13 TOTAL: $1,859,845.93 Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 03-27-09 THRU 04-09-09 Check. Check... Posting. Vendor Name Check..... No Date Date Amount 51264 04-09-09 04-09-09 ABIGAIL ABBOTT STAFFING SVC 6,950.85 W32709 03-27-09 03-27-09 ACWA-HBA 265.50 32709A 03-27-09 03-27-09 ACWA-HBA 83,042.76 51265 04-09-09 04-09-09 ALTERNATIVE HOSE INC. 1,536.09 51266 04-09-09 04-09-09 ANAHEIM WHEEL & TIRE 390.00 51267 04-09-09 04-09-09 ANSWER ONE COMMUNICATIONS 311.64 51268 04-09-09 04-09-09 AQUA-METRIC SALES CO. 12,218.85 51269 04-09-09 04-09-09 ARROWHEAD 76.83 51270 04-09-09 04-09-09 ARTISTIC MAINTENANCE, INC 3,495.60 51271 04-09-09 04-09-09 ASSOCIATED LABORATORIES 2,057.60 51272 04-09-09 04-09-09 AT & T - CALNET2 3,675.26 51273 04-09-09 04-09-09 AT & T MOBILITY 405.18 51274 04-09-09 04-09-09 AT&T/MCI 722.11 51275 04-09-09 04-09-09 AW DIRECT INC. 248.52 51276 04-09-09 04-09-09 BAY AIR SYSTEMS 843.44 51277 04-09-09 04-09-09 BELL PIPE & SUPPLY 313.34 51278 04-09-09 04-09-09 C & L REFRIGERATION CORP. 400.50 51279 04-09-09 04-09-09 CADET UNIFORM SERVICE 568.87 51280 04-09-09 04-09-09 CALI WEST CONSTRUCTION 992.64 51281 04-09-09 04-09-09 CALIF WATER ENVIRON ASSN(CWEA) 80.00 51282 04-09-09 04-09-09 CAROLLO ENGINEERS 13,152.90 51283 04-09-09 04-09-09 CDW-G GOVERNMENT, INC 524.80 51284 04-09-09 04-09-09 CHARLES P. CROWLEY CO. 989.27 51285 04-09-09 04-09-09 CITIZEN'S BUSINESS BANK '40,606.96 51286 04-09-09 04-09-09 CITY OF PLACENTIA 4,851.26 51287 04-09-09 04-09-09 COMMWORLD ORANGE COAST 586.25 51288 04-09-09 04-09-09 CONSOLIDATED REPROGRAPHICS 1,967.30 51289 04-09-09 04-09-09 D. R. CRISKE TRUCKING 2,588.39 51290 04-09-09 04-09-09 DELL MARKETING L.P. 620.27 51255 04-09-09 04-09-09 DIETZ HYDROSEEDING 983.18 51291 04-09-09 04-09-09 DIGI-KEY CORPORATION 80.03 51292 04-09-09 04-09-09 DON WOLF & ASSOCIATES INC. 924.78 51293 04-09-09 04-09-09 DONALD W. BARR 644.95 51294 04-09-09 04-09-09 EISEL ENTERPRISES, INC. 288.51 51295 04-09-09 04-09-09 FAIRWAY FORD SALES, INC. 142.66 51296 04-09-09 04-09-09 FILTER RECYCLING SERVICES, INC 146.51 51256 04-09-09 04-09-09 HABITAT FOR HUMANITY 942.84 51297 04-09-09 04-09-09 HILTI INC. 318.79 51298 04-09-09 04-09-09 HOME DEPOT CREDIT SERVICES 21.82 51257 04-09-09 04-09-09 INDUSTRIAL MASONRY INC 771.42 51299 04-09-09 04-09-09 INFOSEND 5,271.14 51300 04-09-09 04-09-09 INTERIORS BY JANI-TRESS 5,721.25 51301 04-09-09 04-09-09 J. TODD HOWARD 94.85 51302 04-09-09 04-09-09 JAMES PERRY 34.98 51258 04-09-09 04-09-09 JANEL & GERRY BULLERDICK 33.87 51303 04-09-09 04-09-09 JENNIFER HILL 223.95 51304 04-09-09 04-09-09 JOHN R BRUNDAHL III 90.00 51259 04-09-09 04-09-09 KEY ASSET SOLUTIONS 40.29 51305 04-09-09 04-09-09 L & P AUTOMOTIVE 152.32 51306 04-09-09 04-09-09 LIEBERT CASSIDY WHITMORE 3,379.00 51307 04-09-09 04-09-09 LIGHT BULBS ETC 437.68 i Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 03-27-09 THRU 04-09-09 Check. Check... Posting. Vendor Name Check..... No Date Date Amount 51260 04-09-09 04-09-09 LIGHTHOUSE REAL ESTATE 94.69 51308 04-09-09 04-09-09 MANAGEMENT ACTION PROGRAMS INC 3,500.00 51309 04-09-09 04-09-09 MC MASTER-CARR SUPPLY CO. 1,040.77 51310 04-09-09 04-09-09 MINUTEMAN PRESS 168.28 51311 04-09-09 04-09-09 MUDGE FASTENERS, INC 81.15 51312 04-09-09 04-09-09 MUZAK OA 64.65 51313 04-09-09 04-09-09 O.C. DRIVELINE 849.57 51314 04-09-09 04-09-09 OFFICE SOLUTIONS 1,683.03 51315 04-09-09 04-09-09 ORANGE COUNTY - FIRE AUTHORITY 1,231.00 51316 04-09-09 04-09-09 PARTS SOURCE ANAHEIM 977.74 51317 04-09-09 04-09-09 PEGGY McCLURE 761.25 51318 04-09-09 04-09-09 PLANET UNDERGROUND 495.00 51319 04-09-09 04-09-09 PRAXAIR DISTRIBUTION 292.09 51320 04-09-09 04-09-09 PSOMAS & ASSOCIATES 12,893.30 51321 04-09-09 04-09-09 R J SERVICES, INC 337.50 51261 04-09-09 04-09-09 REMAX REALTY 8.35 51322 04-09-09 04-09-09 RICHARD GANGLOFF III 287.00 51323 04-09-09 04-09-09 ROOTX 5,045.98 51324 04-09-09 04-09-09 SACRAMENTO ADVOCATES 6,000.00 51325 04-09-09 04-09-09 SANCON TECHNOLOGIES INC. 6,200.00 51326 04-09-09 04-09-09 SC FUELS 556.75 51327 04-09-09 04-09-09 SCHULER ENGINEERING CORP. 365,462.60 51328 04-09-09 04-09-09 SCOTT W. MOULTON 6,885.00 51329 04-09-09 04-09-09 SECURITY SOLUTIONS 721.71 51330 04-09-09 04-09-09 SELMAN CHEVROLET COMPANY 737.72 51331 04-09-09 04-09-09 SOUTHERN CALIF EDISON CO. 32.05 51332 04-09-09 04-09-09 SOUTHERN CALIF GAS CO. 7,872.93 51333 04-09-09 04-09-09 STACY BAVOL/PETTY CASH 95.77 51334 04-09-09 04-09-09 STANDARD REGISTER 205.94 51335 04-09-09 04-09-09 STAPLES BUSINESS ADVANTAGE 102.87 51336 04-09-09 04-09-09 STEFANO'S GOLDEN BAKED HAMS 110.50 51337 04-09-09 04-09-09 SUNNY EXPRESS INC. 45.10 51262 04-09-09 04-09-09 SYED ZAIDI 13.85 51263 04-09-09 04-09-09 T C CONSTRUCTION CO INC 1,399.02 51338 04-09-09 04-09-09 TIME WARNER CABLE 187.38 W33009 03-30-09 03-30-09 U S BANK 985,987.01 51339 04-09-09 04-09-09 UNITED INDUSTRIES 363.86 51340 04-09-09 04-09-09 USA BLUE BOOK 350.63 51341 04-09-09 04-09-09 VECTOR RESOURCES INC. 785.15 51342 04-09-09 04-09-09 VERIZON WIRELESS 423.27 51343 04-09-09 04-09-09 VILLAGE NURSERIES 23.92 51344 04-09-09 04-09-09 WELLS SUPPLY CO 7,586.83 51345 04-09-09 04-09-09 WESTSIDE BUILDING MATERIAL 338.76 1,627,527.77 ITEM NO. AGENDA REPORT APPROVED BY THE BOARD OF DIRECTORS Board Meeting Date: April 9, 2009 OF THE YORBA LINDA WATER DISTRICT To: Board of Directors APR - 9 2009 From: Ken Vecchiarelli, General Manager gy OZ/ - 1)91311307 5 -O Staff Contact: Steve Conklin, Engineering Manager Leon de los Reyes, Water Quality Engineer Reviewed by General Counsel: No Budgeted: Yes Total Budget: $ 11.2 M Funding Source: Water Revenue Bond CEQA Account No: 102-2700 Job No: 200309 Compliance: Mitigated Neg. Dec. Estimated Costs: $ 11.2 M Dept: Eng Subject: Progress Payment No. 11 for the Highland Reservoir Replacement Project SUMMARY: The Board of Directors awarded a contract to Schuler Engineering for construction of the Highland Reservoir Replacement Project on April 10, 2008 and approved a project construction budget of $11.2M on May 15, 2008. Submitted for consideration is construction Progress Payment No. 11. DISCUSSION: In accordance with the contract documents, Schuler Engineering Corporation submitted a request for Progress Payment No. 11 for the period ending March 31, 2009. This progress pay request includes small percentage payments for bonds, permits, submittals including project related office expenses and surface water pollution prevention efforts, earthwork, tanks and pipelines chlorination, previously completed change order related tasks, 26% for yard piping, and 46% for the demolition of the old reservoir. Demolition of the 1911 Highland Reservoir is now complete. The status of the construction contract with Schuler Engineering is as follows: • Original contract amount was $9,049,346 and 730 calendar days starting June 2, 2008. • Authorized change orders to date total $335,575.44 (3.71% of the original contract amount) and 39 calendar days (5.34% of original contract calendar days) • The revised construction contract amount and contract calendar days are $9,384,921.44, and 769 days respectively. • If approved, Progress Payment No. 11 is $406,069.56 (4.33% of the revised contract amount) less 10% retention of $40,606.96 for a net payment of $365,462.60 • If approved, total progress payments to date including retentions are $4,402,226.43 (46.9% of the revised contract amount). • As of March 31, 2009, 303 calendar days were used (39.4% of the revised contract calendar days). Staff and Carollo Engineers, the District's construction management consultant, reviewed the progress payment request and recommend payment. A copy of Progress Payment No. 11 is attached for your information. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors awarded a construction contract to Schuler Engineering on April 10, 2008 in the amount of $9,049,346 for construction of the project. On May 15, 2008, the Board approved execution of a Professional Service Agreement with Carollo Engineers in the amount of $605,856 for engineering support services, construction management and backup inspection services; a Professional Service Agreement with Leighton Consulting Engineers in the amount of $86,200 for geotechnical services, soils, concrete and materials testing; a Professional Service Agreement with BonTerra Consulting in the amount of $22,251 for environmental compliance services; and approved the construction budget in the amount of $11,200,000 for construction of the Highland Reservoir Replacement Project. The Board has approved 10 progress payments and 2 change orders to date, the most recent of which was approved on March 26, 2009, and March 12, 2009 respectively. STAFF RECOMMENDATION: Staff recommends the Board of Directors approve Progress Payment No. 11 in the net amount of $365,462.60 to Schuler Engineering Corporation and 10% retention of $40,606.96 deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309. YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Highland Reservoir PROGRESS PAY REQUEST NO. 11 LOCATION Yorbe Linda PROJECT NO. J- PAGE 1 OF 1 PAGES 200309 _ CONTRACTOR Schuler Engineering DATE Mar.31,2009 ORIGINAL CONTRACT AMOUNT: $ 9,049,346.00 AUTHORIZED CHANGE ORDERS: $ 335,575.44 REVISED CONTRACT AMOUNT: $ 9,384,921.44 PROGRESS PAY ESTIMATE FOR PERIOD March 1, 2009 TO March 31 2008 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 3 675 604.08 403.000A6 $ 4,078,60424 CHANGE ORDER WORK COMPLETED Is 320 552.79 $ 3,069.40 $ 323 62219 TOTAL VALUE OF WORK COMPLETED 3.M.156.871 406 069.58 $ 4,402,226A3 LESS RETENTION 10% 440,22Z65 LESS OTHER DEDUCTIONS AMOUNT DUE THIS ESTIMATE $ 3.962 003.78 LESS AMOUNT PREVIOUSLY PAID 3 598 541.18 • BALANCE DUE THIS ESTIMATE $ 36,6 462.60 NOTICE TO PROCEED June 2,2008 COMPLETION TIME 730 CALENDAR DAYS APPROVED TIME EXTENSIONS 39 CALENDAR DAYS TOTAL CONTRACT TIME 769 CALENDAR DAYS TIME EXPENDED TO DATE 303 CALENDAR DAYS TIME REMAINING 466 CALENDAR DAYS REQUESTED BY: DATE: R NGINEERING•CONTRACTOR Chas Wick APPROVED BY: / DATE: 3 3/ L CAROLLO.OWNER'S• REPRESENTATIVE (LTn APPROVED BY: DATE: I 401P riW0. OWNER Steve Conklin ITEM NO. AGENDA REPORT Board Meeting Date: April 9, 2009 APPROVED BY THE BOARD OF DIRECTORS OFTHEYORBA LINDA WATER DISTRICT To: Board of Directors APR - 9 2009 From: Ken Vecchiarelli, General Manager 0 BY Staff Contact: Gina Knight, Human Resources Manager M~/aM T-o Reviewed by General Counsel: Yes Budgeted: No Dept: Admin Funding Source: N/A CEQA Account No: N/A Job No: N/A Compliance: N/A Estimated Costs: $2,000 Subject: Damage Claim - Mr. Michael Burns SUMMARY: The District received the attached claim seeking reimbursement for property related damages allegedly resulting from an interruption in water service to the claimant's property. DISCUSSION: On December 16, 2008, the District received a claim from Mr. Michael Burns requesting reimbursement in the amount of $1,719.20 for property damages allegedly caused by a lack of water supply to claimant's property. The incident occurred at The incident occurred on November 12, 2008 with reports of a water service interruption to homes around the Quarter Horse Reservoir. This condition was reported to the District's Stand- by Operator. Staff discovered an earthquake valve had been shut off inadvertently during a routine maintenance inspection preventing water from leaving the reservoir. Mr. Burns is claiming his water pump burned up because of this water service interruption. Staff investigated and reviewed the submitted claim and is recommending the claim be rejected. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors reviews all claims not settled by staff. Any claims and accompanying staff reports are presented to the Board of Directors for consideration as they are received. STAFF RECOMMENDATION: That the Board of Directors reject the claim filed by Mr. Michael Burns. COMMITTEE RECOMMENDATION: The Personnel/Risk Management Committee recommends the Board of Directors reject the claim filed by Mr. Michael Burns. PLEASE CONTACT YLWD RECORDS DIVISION FOR THIS ATTACHMENT (714) 701-3101 records@ylwd.com l ITEM NO. 6P AGENDA REPORT Board Meeting Date: April 9, 2009 APPROVED BY THE BOARD OF DIRECTORS OFTHEYORBA LINDA WATER DISTRICT To: Board of Directors APR - 9 2009 From: Ken Vecchiarelli, General Manager By~ Staff Contact: Gina Knight, Human Resources Manager TT G 13/~ S o Reviewed by General Counsel: Yes Budgeted: No Dept: Admin Funding Source: N/A CEQA Account No: N/A Job No: N/A Compliance: N/A Estimated Costs: $750,000 Subject: Damage Claim - Mr. loan Marc SUMMARY: The District received the attached claim seeking reimbursement for property related damages resulting from an easement encroachment on the property which was formerly owned by claimant. The claimant alleges damages were incurred as a result of the District's requirement to resolve the encroachment where an oversized garage or storage structure was located over a water pipeline within a District easement. DISCUSSION: On February 20, 2009, the District received a claim on behalf of Mr. loan Marc in the amount of $750,000 allegedly caused by the District as a result of requesting the claimant to either remove an encroaching structure from within an existing District easement or to relocate an existing water pipeline from beneath the encroaching structure. The claim alleges that the claimant sold his house at a distressed price because he believed he would not be able to complete his remodeling upgrades or even move into the house until the encroachment issue was resolved. The incident occurred at Staff investigated and reviewed the submitted claim and recommends the claim be rejected. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors reviews all claims not settled by staff. Any claims and accompanying staff reports are presented to the Board of Directors for consideration as they are received. STAFF RECOMMENDATION: That the Board of Directors reject the claim filed on behalf of Mr. loan Marc. COMMITTEE RECOMMENDATION: The Personnel/Risk Management Committee recommends the Board of Directors reject the claim filed on behalf of Mr. loan Marc. PLEASE CONTACT YLWD RECORDS DIVISION FOR THIS ATTACHMENT (714) 701-3101 records@ylwd.com I ITEM NO. AGENDA REPORT APPROVED BY THE BOARD OF DIRECTORS Board Meeting Date: April 9, 2009 OFTREYORBALIMA WATER DISTRICT To: Board of Directors APR - 9 2009 From: Ken Vecchiarelli, General Manager BY 'ofl Staff Contact: Steve Conklin, Engineering Manager ~3M1 (Mi3 IeCa&5E4 /4 rwSfl~ Reviewed by General Counsel: Yes Budgeted: N/A Total Buiget N/eeoor- Funding Source: Developer Funded ive.n~E/ CEQA Account No: 2025676 Job No: 0121 Compliance: N/A Estimated Costs: N/A Dept: En g Subject: Sewer Acreage Fee Agreement with Shapell Industries, Inc. SUMMARY: Shapell Industries, a local developer, requested the preparation of an Acreage Fee Agreement for Vesting Tentative Tract Map 16208. The proposed agreement does not create any new obligations. The purpose is to formalize and document existing obligations under the Pre- Annexation Agreement in light of changes mutually agreed upon in the scope of Sewer obligations that were required due to construction issues. DISCUSSION: The Pre-Annexation Agreement with Shapell Industries that was signed July 25, 2006 required Shapell to construct sewer improvements in Del Caballo and Palm Avenue that would facilitate sewer drainage from the Shapell development while providing an opportunity for existing septic tank users in the area to connect to the sewer system. Although this sewer alignment was designed, Shapell and YLWD experienced significant opposition to the proposed construction from residents of Del Caballo, a private street, which precluded construction under the schedule desired by Shapell. Shapell found an alternative route for the development that required permission from only one resident and utilized the Gun Club Road easement already controlled by Shapell. This was both more cost effective and could be completed in 6 months. YLWD management allowed this route to be built on the condition that Shapell would need to pay the standard acreage fee required of all new users in lieu of constructing the Del Cabello and Palm Avenue sewer that would have had broader benefit to existing YLWD customers. This was documented in the attached letters dated January 15, 2008 and November 13, 2007. The alternative sewer alignment was constructed on time and has been working effectively. With the change in management at Shapell last year, Shapell requested to formalize the letter revisions to the agreement in a document that will be signed by both Shapell and YLWD. Shapell lawyers drafted the agreement, the YLWD Engineering Department negotiated with Shapell representatives to maintain continuity with existing YLWD practices and agreements. YLWD lawyers reviewed and revised the agreement to limit the scope to the intent to the letter revisions and the existing agreement. The Acreage Fee Agreement is attached for review and consideration. PRIOR RELEVANT BOARD ACTION(S): The Pre-Annexation Agreement with Shapell Industries that was approved by the board and signed July 25, 2006. STAFF RECOMMENDATION: That the Board of Directors authorize the President and Secretary to execute an Acreage Fee Agreement with Shapell Industries for Vesting Tentative Tract Map 16208, subject to prior execution of the Agreement by Shapell. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at the April 2 meeting and supports staff recommendation. M W January 15, 2008 YORBA LINDA Mr. Alan Cummins WATER 5hapell Industries, Inc. DISTRICT 8383 Wilshire Blvd:, ##700 Beverly Hills, California 90211 DIRECTORS Pau1R.Amisttong. SUBJECT: Memo Update of November 1, 2007 Me Update etiug.Between NIt1ce Payne; and ' zkohad j- &Vmge Alan Crimmins Re.- Pre-Annexation Agreement Sewer Trunk &.Sub-Trunk RicP. Collett Sewer Obligations 1025575t0I20 William L Idols johnW SummCtfield Dear Alan, To recap our, discussion for the record, the sewer acreage fee that will be charged for GPNM MANAGER North Y-orba Linda Estates Site A will apply to all S&$ property except the high school site. Thefee~willbe calculated at $16.&4 per acre. The acreage fee is due.on plan Micltael.fl Payne approval before signed drawings are released byphase of development, Please do not hesitate to call me at 701-3022 if you have questions. Sincerely,, B Mi ae , General Manager CC: Ken V ecchiarelh Dave Masson Curtis Thielbar Scott Moulton Earl Hamanaka 4622 Plumose Dft P.O. Bos 309 Yorba.W4 (A 92885 Tel: (714)' 777-9543 Fa (714) 701-6413 Emalh. vlwd@ylwdcan Web: x%v.)1wd.tom I G I V N•GrY.Y•.•, W November 13, 2007 YORBA LINDA Mr. Alan Cummins WATER Shapell Industries, Inc. DISTRICT $383 Wilshire Blvd., #700 Beverly Hills, California 90211 DIRECTORS Paul R. Ammm SUBJECT: Memo Update of November 1, 2007 keeling Between Mike Payne and 8 Alan Cummins Re: Lock Ranch Trunk Sewer Obligations 1 0256 75=0 1 20 rAlcbaelj. Bevcra RicP'Caller Dear Alan, Wllllam R. Mills J060 %SurmuaReld To recap our discussion for the record, the acreage fee that will be charged for-North Ymba.Linda.Estates Site A will apply to all S&S properly to be developed by S&S. This covers approximately 126 acres, The fee will be calculated, at $1660peram. The G13JR a MANAGER total amount will be $209,160.00. The atreage fee is due on plan approval before signed drawings are released.by phase of development. The portion of Site A that is. under Mkw a Payms development for a high sebool will not incur an acreage for.. This covers approximately 50 acres. YLWA processed an acreage fee for 8.62 acres of $14,309.20 for the Site B portion of Tract 16987, Phase 1. This was less than the total acreage of 'I i.52 because the prior agreement excluded Site A. With the changes mentioned above all S&S property to be developed by S&S shall pay the acreage fee_ Therefore the balance of 2.9 ages in Phase 1 is due. In addition, the acreage fee for Phase 2 is now due. A recent update.6fPhase 2 acreage is 23,93 acres. Previous correspondence had referenced 22,2 acres, but this has been recalculated by Hunsaker. In total, 26.83 acres are due to be paid. This yields a.netremaining payment due for both PhAses of $44,5.37.80. Th(s information will appear Ila an updated exhibit from Earl Hamanaka. Please do not hesitate to call me at 701-3022 if'you have questions. Fchael ell, 4622 Ploosa Drive A, Payne P.0. Box 309 General Manager Yorba W4 CA 92$85 CC: Ken VecchiareVi Tel: (714) 7779193 Q~l j 2007 Dave Hasson FW (714) 7,0)-013 Curtis "Thielbar _ Scott Moulton Email: ftd@p1A.cmP 01) ; wwvY1%vd.com Ear] Hamanaka ACREAGE FEE AGREEMENT THIS ACREAGE FEE AGREEMENT ("A ree ent") is made as of March 2009 (the "Effective Date"), by and between YORBA LINDA WATER DISTRICT, a public agency ("District"), and SHAPELL INDUSTRIES, INC., a Delaware corporation ("Shaoell'J. RECITALS A. Shapell is the owner of land located in the City of Yorba Linda, Orange County, California, entirely encompassed within the area covered by Vesting Tentative Tract Map 16208 which is attached hereto as Exhibit A (the "Pro which land does not include that certain land owned by the Placentia-Yorba Linda Unified School District, more particularly described on Exhib i B attached hereto (the " drool Site"). B. Shapell is developing a residential project on the Property (the "Proec in a number of phases. C. District is responsible for delivering water and sewer services to the Property, D. District intends to impose a per acreage fee on Shapell, which fee is designated to offset the cost of the District's existing sewer infrastructure investment in connection with the Project, Each of District and Shapell desire to enter into this Agreement to evidence their mutual agreement as to the amount and timing of payment of said per acreage fee (the "Acreage Fee"). E. In connection with each phase of the Project, Shapell must execute an "Application to and Agreement with Yorba Linda Water District for Sanitary Sewer Service" which sets forth the Acreage Fee for that phase of the Project. F. Shapell has already paid District an Acreage Fee in the amount of Fifty Eight Thousand Eight Hundred Forty Seven and No/100 Dollars ($58,847.00) for Phases I and Il of the Project. G. This Agreement sets forth the amount and timing of payment of the Acreage Fee for remaining phases of the Project. NOW, THEREFORE, in consideration of the above recitals and terms and conditions set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Shapell and District agree as follows: 1. Truth of Recitals. The foregoing Recitals are true and correct. 2. Calculation of Acreage Fee. District agrees to impose, for the remaining phases of the Project, an Acreage Fee at the rate of One Thousand Six Hundred Sixty and No/100 Dollars ($1,660) per acre of the Property. For the avoidance of doubt, District and Shapell acknowledge and agree that no fee, charge, exaction or dedication including, without limitation any Acreage Fee, shall be payable by Shapell to District with respect to the School Site. I ' 3. Payment of Acreage Fee. The Acreage Fee for each respective phase of the Project (calculated at the rate of One Thousand Six Hundred Sixty and No/100 Dollars ($1,660) per acre shall be due and payable by Shapell on plan approval before signed drawings are released for that phase. 4. Entire Extent of Shapell's Payment Oblieadons. The satisfaction of Shapell's obligations under this Agreement shall constitute the entire extent of Shapell's obligations to pay Acreage Fees to District with respect to the Property. District agrees that even in the event that District may be authorized by law to impose a higher per acreage fee District shall not impose or seek to impose any higher acreage fee than provided for herein. Any Acreage Fee payable hereunder shall not be subject to adjustment for inflation during the term of this Agreement. 5. Miscellaneous. (a) Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given when delivered by U. S. mail, registered or certified, return receipt requested, postage prepaid, or by overnight delivery service showing receipt of delivery, or by personal delivery, or by facsimile transmission during normal business hours and shall be addressed as follows: If to District: Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, California 92870 Attention: General Manager Facsimile: (714) 701-3108 If to Shapell: Shapell Industries, Inc. Wilshire-San Vicente Plaza 8383 Wilshire Boulevard Suite 700 Beverly Hills, California 90211 Attention: Thomas Ingram, General Counsel Facsimile: (323) 6534345 Notices as aforesaid shall be effective upon the earlier of actual receipt, or twenty-four (24) hours after deposit with the messenger or delivery service, or the next business day after delivery to an overnight delivery service, or within three days after the deposit in the U.S. mail, or upon machine-printed confirmation of transmission by facsimile. Each party shall notify the others of any change of its address by one of the aforementioned means no later than ten (10) days prior to the effective date of such change of address. (b) Governing Law. This Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of California. (c) Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior agreements and understandings between the parties relating to the payment of per acreage fees with respect to the Property. (d) Enforcement. If either party hereto fails to perform any of its obligations under this Agreement or if a dispute arises between the parties hereto concerning the meaning or interpretation of any provision of this Agreement, then the party not prevailing in such dispute shall pay any and all reasonable costs and expenses incurred by the other party on account of such default and/or in enforcing or establishing its rights hereunder, including, without limitation, costs and expenses incurred in any bankruptcy proceedings, costs of arbitration and reasonable attorneys' fees and costs. Any such reasonable attorneys' fees and other expenses incurred by either party in enforcing a judgment in its favor under this Agreement shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys, fees obligation is intended to be severable from the other provisions of this Agreement and to survive and not be merged into any such judgment. I (e) Assienment Shapell shall have the unconditional right to assign any right or obligation under this Agreement, along with the conveyance of any portion of the Property to an assignee, and the assignee shall automatically assume its proportionate share of the obligations set forth in this Agreement. Whenever this Agreement provides Shapell with a right, that right may be exercised by the assignee of that right to the same extent that Shapell could have exercised that right. The assignment of any right or obligation under this Agreement shall be in writing and notice of such assignment shall be provided to District. Upon the delivery of such written notice to District, Shapell shall automatically be relieved from its obligations hereunder. (f) Severatftt If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. (g) Np Third PaM Beneficiaries. This Agreement shall not be deemed or construed as benefiting or providing any right to any third party. The parties hereto have entered into this Agreement solely for the benefit of District and Shapell and, other than District and Shapell, no third person shall be entitled, directly or indirectly, to base any claim or to have any right arising from, or related to, this Agreement. (h) Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. (i) Incorporation of Recitals and Exhibits. The Recitals stated in this Agreement and all Exhibits attached hereto are hereby incorporated into this Agreement as fully operative and effective parts hereof 0) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed originals, and all of which taken together shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. SHAPELL: SHAPELL INDUSTRIES, INC. a Delaware corporation By. Name: Its: DISTRICT: YORBA LINDA WATER DISTRICT a public corporation By. Ken Vecchiarelli General Manager EXHIBIT A VESTING TENTATIVE TRACT ASAP 16208 I u so Ell y - " 'Y11' r, 1 gp j! ` o-1 .,~p I I1 , "1 X ~ ~$E, ,~`m~kJ731 I~Ed 1'yl ` ` 1 1~~ (1 I (V~ ~I ~i g 1~1 ✓'ll CpilJ 1 r[ Yi If!~ _ , ~ d 1~ ! X31 as`1. a : 4 e a~ ~a ~9r'E ti C s k• 1I Si LC'~r d R~<lr L 1x~~~~• 11 6 :n1.' y ' + ms I- v ) 1 1,. r 1 ( A 9 Wrpca nit , Ilti,g,-* r'p~•. p` Y r in: 3 ) h Irk i 4 3 ~)Wi GalJt 95tyyr 6d i fp se ltj )~~,~Wt 1 !4 Ina lY` .n ,3~tr 4~" 'Y~ v)i/ a $ 1 y .Mf F ~ I. i. 1 ~ 1 llc 1 11 y`.! p~YII7~~5 ~ja t~ Ji s iryl s`YL/fY N~; ~~W~ IIN`~Ctl v L li { ',nom ) {y ~ 1 3 _i IFin ~ S y~st P~ ! yL.^SYy/ ay, l t!! 1': )rx 13 y~ 4Y3'1 ~°4?'.-~ . May ~ ~J i".. i [^pr Itl`'4 4 4n`'ij'tt5 ' I x ; gti a +t<~;~-qa r f ~ F r £ 3 1 (al ~ Yix ,1~ 9 aw. YP S v N~-'s.. e"r a°4)'anyf~ V "I ~,I~::•.-x-r.~_. f. 4 t r~' c{~ cT"-~~=-+n#;.,}~'a-~_y c'4" °°~d 4 a.,;p ni 11 I. ~ ~ P +J +1'T J 1 G18 y'p I Q If ate' 4) y t ' i3] u! EXHIBIT B LEGAL DESCRIPTION OF THE SCHOOL SITE PARCEL 1: In the City of Yorba Linda, County of Orange, State of Cal forma, being a porion of Sce6on 23, Township 3 South, Range 9 Wert, San Bernardino Meridian, as shoat on a Record of Survey Mod is Book 74, Page 37, of Records of Survey in tke office of the County Recorder of said County, described as follows: Beginning at the northwest comer of Tract No. 16510 as per map filed in Book 849, Pages 48 and 49, of Miscellancons Maps in the office of said County Recorder, thence along the westerly boundary of the Lands of Samuel Kraemer as shown on a Record of Survey filed is Boak 2, Page 21 of Records of Survey in the o4im of said County Recorder North 01°19'130 West 248.28 fees to fine "B' of agreement recorded November 5, 1962 in Book 6311 at Page 439, Official Records of said County; thence along said line 0B" and its westerly prolongation North 8939'53" West 1860.26 feet to the easterly bounders, of Parcel 3B as described in a ant deed to the Met opolines Water Mtrict of Southern California, recorded as instrument No. 19970331781, of said Offic'.ai Records; thence along said easterly boundary North OM018" Fast 1362.411 fed to a point cm a non-tangent o eve ceacasa southerly baring a radius of 1653.00 feet on the somberly boundary, of Tract No. 16913 as per map filed in Book , Pages through , inclave, of MisaIlaneoua Maps in the office of said County Recorder, a radial line to said point bears North 07°5S'47' Fast-, thenc along said southerly boundary the following courses: easterly 94.42 feet along said non-tangent curve through a antral angle of V16220, North 11'1509" East 5.00 feet, easterly 1_'292 feet along a Iron-tangent aura concave southerly having a radius of 1638.00 feet through a eem sl angle of 01'14'51: South 7.1130'00' East :00.00 fact, easterly 39024 feet along a tangent curve concave northerly having a redhas of 1542.00 fat through a central angle of 14'30'!X30, South S9'00'000 East 570.00 feel, easterly 216.43 feet along a tangent save concasa >ourheriy bas-ag a radius of 19_-8.00 feet through a central angle of 0610'0IP', South 87'49W Fast 417.50 feet, easterly 178.77 feet along a tangent curve concave nurthethr having a radius 154200 feet through a cents angle of 06°38°34", South 89°18'34° East 84.13 feet, South 44018'3d" Fast 38:18 feet and South 89°18'34" Fast 4.00 feet to the westerly boundary of Parcel 1. of that certain grant deed, recorded on Auguar 19, 1986 as lutr u tent No. 8fr370190, of said Oft„+t Records; thence along the said wesictfy boundary and its southerly' prolongation South 03`41'26" West 184.69 feet to the northerly boundary of the fifth exceptioa to Parcel 3 as descn'bedin that certain Grant Mcd, recorded on Febnary 25, 1998 ae InuTua'.cnt No. 19980103532, of said Official Records; theme along the bountivyof add exception the °ollowing courses: North MY56" War 266.09 feet, North 40°16'26" West 13212 feet, North 75"lCv- Wert 562A2 feet, South 68°1n1.- West 22799 feet, South 22°48'43" West 470.70 feet, South 00°38'01" East 7933 feet, South 87`14'50` Five 534.68 feet, North 86'26'01" Easy 46.43 feet, North x"21'20" East 6359 feet, South 53°49'10" Fast 9195 feet, .wutheasttAy 208,24 feet along a tangent eano mncave northeasterly having a radius of 375LG feet thtt ugh a central angle of 31°49'02", South "8'12" East 85.19 feet, easterly $1.75 feet along a tangent curve eoncaw southerly having a radius or 750.00 feet through a central angle of 19°45'54'°, South 65°52'tir East 30.00 feet, soutbea,-tedy 3399 feet along a tangent curve mneave southwesterly having a radius of 80.00 fret through a oengral angle of 24021110 and Smith 68°12'09" East 5 feet to tha northerly prolongation of the coatetly boundary of said Tract No. 16510; theme along acid northerly prolongation South 21T597" East 41A1 feet to the northerly corner of satd'hact No. 16510; thence along the northmr teAy boundary of sold Tract No. 16510 the following courses: wuth%waly 672.54 feet along a man-tangent verve maw northwe5afy having a radius of 1150.00 feet through a cent-al angle of 33030'28" and South 60%719" Wesl 36.53 sett to the Point of Beginning. ITEM NO. AGENDA REPORT APPROVED BY THE BOARD OF Board Meeting Date: April 9, 2009 OF THEYORBALINDA WATER DST ICTB To: Board of Directors APR - 9 2009 From: Ken Vecchiarelli, General Manager BY T~i~7/Pff ~-o Staff Contact: Steve Conklin, Engineering Manager Joe Polimino, Project Engineer Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 11.5 Funding Source: District and Developer Funds CEQA Account No: 101-2700 Job No: 200704 Compliance: Mitigated Neg. Dec. Estimated Costs: N/A (No Cost) Dept: Eng Subject: Change Order No. 6 for the Lakeview Reservoir Project SUMMARY: On January 25, 2007, the District Board of Directors authorized the execution of an agreement with SSC Construction, Inc. (SSC) for construction of an 8-million gallon underground concrete reservoir, piping and appurtenances. The project also includes demolition of the existing Bastanchury Booster Pump Station and Reservoir (two steel storage tanks). The site is located north of Bastanchury Road off the new Lakeview Avenue extension, north of the Hover Development and south of Vista Del Verde's Village 4. When completed, the project will increase operational, fire and emergency storage capacity, retain better water quality through improved circulation and improve reliability of the water system. DISCUSSION: In accordance with the contract documents, SSC submitted a request for Change Order No. 6 which represents a no-cost change and a time extension of 21 calendar days. Change Order No. 6 • 21 calendar-days time extension due to rain, which prevented work on the site. The status of the construction contract with SSC Construction, Inc. is as follows: • The current contract is $11,006,911.61 and 642 calendar days starting June 18, 2007. • Total payments to date including retention are $10,423,908.37 (94.7% of the total contract amount). • As of February 28, 2009, 622 calendar days were used (96.9% of the contract time). • If approved, Change Order No. 6 increases the total calendar-days to 663. Staff and Butier, the District's construction manager for the project, have reviewed the contractor's request for Change Order No. 6 and recommend approval. A copy of Change Order No. 6 is attached for your review and consideration. PRIOR RELEVANT BOARD ACTION(S): On January 25, 2007, the District Board of Directors approved and awarded a construction contract with SSC Construction, Inc. in the amount of $10,489,500 for construction of an 8 million gallon underground concrete reservoir, piping and appurtenances, and demolition of the existing Bastanchury Booster Pump Station and Reservoir. On April 10, 2008, the District Board of Directors approved Change Order No. 1 increasing the total contract amount to $10,639,500 and total contract calendar days to 547. On June 30, 2008, staff approved Change Order No. 2 in the net amount of $2,887.92 increasing the total contract to $10,642,387.92. On July 10, 2008, the Board of Directors approved Change Order No. 3 in the amount of $55,393.45 and an additional 27 calendar days to be added to the contract. On February 12, 2009, the Board of Directors approved Change Order No. 4 in the amount of $167,113.53 and an additional 49 calendar days to be added to the contract. At the same meeting, the Board of Directors also approved Change Order No. 5 in the amount of $142,016.71 and an additional 19 calendar days to be added to the contract. The Board has approved twenty two progress payments to date for this project, the most recent of which was approved on March 26, 2009. STAFF RECOMMENDATION: That the Committee support recommend the Board of Directors approve Change Order No. 6 adding 21 calendar-days for construction of the Lakeview Reservoir Project, Job No. 200704. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting held April 2 and supports staff recommendation. YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 006 DATE March 98, 2009 Page 1 of 1 CONTRACT NAME: Lakedaw Reservoir CONTRACT AMT.: $11.006,911.81 DAYS: 642 CONTRACTOR: SSC Construction Inc, THIS CHANGE: 30:00 DAYS: 21 OWNER: Yorba L1nda Water District REVISED CONTRACT AMT: 311,006.911.61 DAYS: 663 The Change Order coves changes to the su bjectoorrim as desmibed herein. TM Conbador shd croshuct hunter equpmem cow maweb, and perform as work as necessary or required to complete the Change Order items for a ramp shah price agreed upon betvateh the Cothtreclor and Yoma Linda Water District othenkise referred to as Ow w. ONCREASE CONTRACT /OR TIME DESCRIPTION OF CHANGES +EXTENSION/ -DECREASE IN OR 4MDUCTION CONTRACT (DAYS) AMOUNT IS) 1.) Rain days which prevented work to be done on Critical Path Items $0.00 + 21 NET CHANGE $0.00 + 21 Days REVISED CONTRACT AMOUNT AND TIME $11,006,911.61 683 Days The amoW of the cm*itd wd0 be h menW / deaeased by she sum of;N.00 and tins coi* ct fine shallbe inceased by gt oalakdar dais. The urWasgpmd Contractor approves ire foregoing Change Order as to the changes, It any. h the contract price speceed for each ten hdudirg any and all supervision costs; and other miscellaneous costs retailing to the change In work, aM as m the extension of time allowed. I arhy. for completion of the entire work on wt of said Change Order. The Contradpr agrees to furnish all labor and moterlels and perform at other necessary work indwive of Uvd duedy or Indirectly related to me approved tine erasion, equmd fn conptete the Change Order items. This document * become a supplement of the contract and all provisions will apply hereto. It is wdsafood ghat the Charge Order chap be effective when approved by the Owner. This Change Order co sdWtcs full, final, and cornplele compensation to the Contractor for all costs, epeses, overhead. profit. and any damages of every kind Vat the Contactor may Incur In correction weth the above referenced dsrges In the work. Including arty Impact on the refemced work of any other work under the contact any ranges In the saquenoee or any work any delay to any work, any disruption of any wok, am readmduln9 of any work, and any other e6ed on any of the work under ids contract By are eaecolbm of the Change Order. Me Contractor accepts the contract price range and the contract mnpletloh data range. 0 any. and expressly waives any maims for any additional compensation. damages or time wdenslam In connection vdth the abovereferemoed dwQw. ENGINEER OR RECOMMENDED: \ a -1 c% - .1/~Y{ Ig.RX~~~•p'f_Qt CONSULTANT DATE: I`~f ~OrJ John whiaenhunt Construction Manager ACCEPTED, _ CONTRACTOR DATE: ,Press t- C Construction APPROVED: OWNER DATE: ath R. Vecchlareln, General Manager ITEM NO. AGENDA REPORT APPROVED BY THE BOARD OF DIRECTORS Board Meeting Date: April 9, 2009 OF THE YORBA LINDA WATER DISTRICT To: Board of Directors APR - 9 2009 From: Ken Vecchiarelli, General Manager BY W,~ 8M/A,J6 6--.0 Staff Contact: Steve Conklin, Engineering Manager Leon de los Reyes, Water Quality Engineer Reviewed by General Counsel: No Budgeted: Yes Total Budget: $ 11.2 M Funding Source: Water Revenue Bond CEQA Account No: 102-2700 Job No: 200309 Compliance: Mitigated Neg. Dec. Estimated Costs: $ 15,000 Dept: Eng Subject: Professional Services Agreement Amendment for Environmental Compliance Services - Highland Reservoir Replacement Project SUMMARY: BonTerra Consulting submitted a contract amendment request (attached) for $15,700 for additional environmental services necessary to comply with the CEQA requirement beyond their original scope of work. The additional tasks provide Historic American Engineering Record photographs and documentation required for CEQA compliance. DISCUSSION: In the Mitigated Negative Declaration (MND) prepared for the project at its outset, an architectural evaluation was performed. It was determined that the reservoir, constructed in 1911, was significant as a key structure in an early 20th Century California water system that evolved from an irrigation colony into a major suburb. Accordingly, photographs and documentation of the existing reservoir are required to comply with the conditions of the Historic American Engineering Record (HAER). BonTerra Consulting, the District's consultant for CEQA documentation for the project, was of the understanding that the District possessed necessary historical photos and documentation to meet the requirements of (HAER), and did not include this in its work scope for services during the construction phase. It was later determined that the District did not have the extensive photos and documents required. It was also confirmed that since the Board approved the project MND that included compliance with HAER, that documentation must be provided to meet the conditions of the MND. At that time, the District asked BonTerra for a proposal for the necessary work to comply with HAER. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors awarded a construction contract to Schuler Engineering on April 10, 2008 in the amount of $9,049,346 for construction of the project. On May 15, 2008, the Board approved execution of a Professional Service Agreement with Carollo Engineers in the amount of $605,856 for engineering support services, construction management and backup inspection services; a Professional Service Agreement with Leighton Consulting Engineers in the amount of $86,200 for geotechnical services, soils, concrete and materials testing; a Professional Service Agreement with BonTerra Consulting in the amount of $22,251 for environmental compliance services; and approved the construction budget in the amount of $11,200,000 for construction of the Highland Reservoir Replacement Project. The Board has approved 11 progress payments and 2 construction change orders to date, the most recent of which was approved on March 26, 2009, and March 12, 2009 respectively. STAFF RECOMMENDATION: Staff recommends the Board of Directors authorize an amendment to the Professional Services Agreement with BonTerra Consulting in the amount of $15,700 for additional environmental compliance services for the Highland Reservoir Replacement Project, Job No. 200309. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting held April 2 and supports staff recommendation. I PASADENA COSTA MESA C-0 N S U L T I N G T: (7141444-9199 F: (714) 444-9599 1151 Kalmus Drive. Suite E-200 w .ItonTenoConsulting.Com Costa Mesa. CA 92626 March 17, 2009 Mr. Leon de los Reyes VIA EMAIL AND MAIL Water Quality Engineer Ide_los_reyesCylwd.com Yorba Linda Water District 1717 East Miraloma Avenue Placentia, California 92870 Subject: Contract Amendment to Highland Reservoir Replacement Monitoring Services Project to Prepare Historic American Engineering Record (HAER) Photography and Documentation to Level II Standards for the Demolition of the Highland Reservoir in the City of Yorba Linda, Orange County, California Dear Mr. de los Reyes: In accordance with your request, BonTerra Consulting is submitting a request for a contract amendment to provide Historic American Engineering Record (HAER) Photographs and Documentation to Level II Standards. This documentation is required for compliance with the mitigation measures in the 2006 Mitigated Negative Declaration (MND) prepared for the demolition of the Highland Reservoir In Yorba Linda, California. Our existing contract is also associated with implementing the required mitigation measures from the MND. The focus of the existing work is bird surveys and paleontological monitoring. The proposed work effort for HAER photography and documentation is outside of our current scope. This effort would be headed up by Mr. Patrick Maxon, RPA, BonTerra Consulting's Director of Cultural Resources. BonTerra Consulting is available to initiate work immediately on the HAER Level II photography and documentation for the Highland Reservoir Replacement Project and will work closely with you to ensure its successful and timely completion. We appreciate the opportunity to work with the Yorba Linda Water district on this project. Please call me or Diane Barrett at (714) 444 9199 with any questions or if you need additional Information. Sincerely, BONTERRA CONSULTING Thomas E. Smi r., AICP Diane E. Barrett Principal-in-Ch a Senior Planner oc: Patrick Maxon, RPA Attachment A: Scope of Work and Fee Estimate" i, for Contract Amendment x xm e s - ~ Ah ELiAWftN6s9LWDW0WS0W CaANnebp51709.dit 41. ' r3a 3v'"^,~R ar r s..T , ta+ ax, l"w, .a* y ~s a de oe.,F'rr, t zu ! 'Na`y y ^'1 -77 w, &'i^~ z by r"'S 1 ?tY v ^w 4 x ? ♦f Lp y t f o+ u'* ro" S 7 rs , 7pt I AKENT 10 - (S (v'E C AkE rt 7h4 , s 1 4 a ; Yva#p a a'y,,tiiS ;Nr ~y'~ 4F~ T°n 6 rl ` t,%'++ S'ex '"'y '3{s~1`4C2w...d.i}.`mdeca:-•7..,~..3u~•o ''a..3. Sfu .J°rsr ~s $ .ASdiP~ua,w~-y'E;'rc _y" HiAhle/d Reservoir Replacement Proposal for HAER 11 Documentation ATTACHMENT A SCOPE OF WORK AND FEES HISTORIC AMERICAN ENGINEERING RECORD (HAER) PHOTOGRAPHY AND DOCUMENATION TO LEVEL II HIGHLAND RESERVOIR REPLACEMENT PROJECT March 17, 2009 PROJECT UNDERSTANDING As required in the mitigation measures for the Highland Reservoir Replacement Project Mitigated Negative Declaration (MND) in 2006, HAER Level II photography and documentation will be prepared under this contract amendment scope of work. TASK 1 PREPARATION OF HAER LEVEL II PHOTOGRAPHS $6,000.00 BonTerra Consulting will provide large-format photographs to satisfy the HAER II documentation requirements set forth In the CEQA documentation for the Highland Reservoir Replacement project. Photographic documentation of the historic Highland Reservoir; principal photography will include two (2) sets of photographs to be completed on large-format 05 black and white film, processed and contact printed to HAER archival standards. A corresponding photo description list will be produced per NPS format. Project management activities (i.e. project scheduling, billing, etc.) are included in the work product. Photography fee of $1,500.00 per day; 4x5 black and white negatives and contract prints of $20.00 per set (two sets of each will be produced). If the photographer takes photographs of the interior prior to roof removal, artificial lighting would be necessary at an additional cost. Total project fees, including miscellaneous costs such as project management, film purchase (including sales tax), number of days in the field and preparation of the corresponding photo description list shall not exceed $6,000.00 without prior client approval. TASK 2 PREPARATION OF HAER LEVEL 11 DOCUMENTATION $9,700.00 In association with our historical resources sub-consultant Daly & Associates, BonTera Consulting will conduct a field survey to personally inspect the setting, location and what may remain of the reservoir after demolition takes place. We will also conduct research to document the history of the Highland Reservoir, and the engineering history of early reservoir and Irrigation systems in California similar to the Highland Reservoir. Historic archives will be researched as a part of the project. These resources include, but are not limited to the Orange County Archives, Santa Ana Library Special Collections, Los Angeles Times, Los Angeles Main Library, and California State Polytechnic, Pomona, CA. One complete archival document, with properly labeled large-format photos and negatives and three copies of the HAER 11 document, will be prepared for local history repositories. Please note that the fees for Task 2 do not include the costs of obtaining archival quality copies of the original engineering drawings. It is our understanding that the Yorba Linda Water District will provide BonTera Consulting with copies of the original drawings. These sheets will then have to be copied according to HAER Level 11 specifications on Mylar sheets, and would involve additional reimbursable costs approximately $125.00 per sheet. At this time, BonTerra Consulting does not know how many sheets will need to be copied. These reimbursable costs will be billed on a time- and-materials basis; a separate budget augmentation request will be submitted for District approval prior to initiation of the copying process. TOTAL PROFESSIONAL FEES $15,700.00 Wropm"YMMP0000OW oeneaned•oanoe.dne A-1 Scope of Work and Fees ITEM NO. A0 AGENDA REPORT APPROVED BY THE BOARD OF DIRECTORS Board Meeting Date: April 9, 2009 OF THE YORBA LINDA WATER DISTRICT To: Board of Directors APR - 9 2009 From: Ken Vecchiarelli, General Manager BY 6` l~N 8^7 /Pg 5-0 Staff Contact: Steve Conklin, Engineering Manager Joe Polimino, Project Engineer Reviewed by General Counsel: No Budgeted: Yes Total Budget: $ 9,000,000 Funding Source: I.D. No. 2 G.O. Bonds CEQA Account No: 401-2700 Job No: 200028 Compliance: Mitigated Neg. Dec. Estimated Costs: $ 95,000 Dept: Eng Subject: Award of Geotechnical Engineering Services for the Hidden Hills Reservoir Project SUMMARY: Bids have been received for construction of the Hidden Hills Reservoir and upgrades to the Santiago Booster Station, and the construction contract has been awarded to Pacific Hydrotech Corporation in a separate action. In anticipation of the project construction, the District solicited proposals for geotechnical engineering services for the project. Following its evaluation process, staff recommends award for these services to Leighton Consulting, Inc., as presented below. DISCUSSION: It is planned that construction of the two million gallon capacity Hidden Hills Reservoir and upgrades to the Santiago Booster Station will begin shortly. In anticipation of this, the District solicited proposals for geotechnical engineering services for the project from five firms. A committee of three District engineering staff individually reviewed two of five proposals, since three of the firms decided not to submit a proposal for this project. The two proposals received were each evaluated and scored, based on technical presentation, staff qualifications and experience. Following the technical evaluation and ranking, the committee met with the Engineering Manager to discuss the proposals and open the separately-provided envelope from each firm with their proposed fee for services. The combined evaluation score and proposed fee for each firm are as follows: Firm Total Evaluation Score Proposed Fee Leighton 23.05 $94,558 MTGL 21.50 $92,293 NMG 0 None Kleinfelder 0 None Associated 0 None Based on proposal presentation, staff qualifications, experience and relative fee for services, staff recommends award to Leighton for $94,558. A copy of the Proposal by Leighton is attached. PRIOR RELEVANT BOARD ACTION(S): February 12, 2004 Board adopted Negative Declaration for the Hidden Hills Reservoir and authorized the President and Secretary to execute the project. November 9, 2004, Board authorized staff to execute an agreement with Carollo Engineers for the design of the Hidden Hills Reservoir Project. November 22, 2005, Board authorized staff to execute an amendment to the PSA with Carollo for design of the Santiago Booster Station Upgrades. October 26, 2006, Board authorized staff to execute an amendment to the PSA with Carollo Engineers for $26,500 for additional services for the Hidden Hills Reservoir Project. On March 12, 2009, the Board awarded Pacific Hydrotech Corporation the construction contract in the amount of $5,012,458.00. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors authorize execution of a Professional Services Agreement for Geotechnical Engineering Services with Leighton Consulting, Inc. for the Hidden Hills Reservoir Project in the amount of $94,558. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting held April 2 and supports staff recommendation. Leighton Consulting, Enc. A LEIGHTON GROUP COMPANY March 10, 2009 Proposal No. P601-01136 Yorba Linda Water District 1717 East Miraloma Avenue Placentia, California 92870-6785 Attention: Mr. Joe Polimino Project Manager Subject: Fee Proposal For Geotechnical and Material Testing Services During Construction Yorba Linda Water District Proposed 2.0 Million-Gallon Hidden Hills (Zone 6) Reservoir 22955 Hidden Hills Road Yorba Linda, California YLWD Job No. 2000028 In response to your February 2009 Request For Proposal (RFP), Leighton Consulting, Inc. is pleased to present this fee proposal to provide geotechnical, concrete and asphalt pavement observation and materials testing services during construction of this proposed 2.0 million-gallon (MG) Hidden Hills (Zone 6) dual-bay hopper, buried reinforced concrete reservoir, associated pipelines and upgrades to the existing Santiago Booster Pump Station, in Yorba Linda. This proposal is valid through June 30, 2009 (more than 90 days). Our qualifications and technical proposal were submitted separately. ESTIMATED BUDGET Our hourly rates are based on the assumption that this is a California Prevailing Wage project. Our fees will be reduced if this is not a Prevailing Wage project. Our fee will be charged on a time and expense basis in accordance with attached 2007 Professional Fee Schedule for Prevailing Wage Projects, discounted specifically for Yorba Linda Water District (only). This fee estimate is valid for ninety (90) days from the date of this proposal. We understand that a construction schedule was not available at the time of preparing this proposal. We have prepared our estimate based solely on February 2009 RFP. A breakdown of our assumptions and estimated fees is provided in the attached Table 1, Breakdown of Estimated Fees. In summary, we have estimated a budget for these services as listed below: 17781 Cowan ® Irvine, CA 92614-6009 949.253.9836 o Fax 949.250.1114 ® www.leightonconsulting.com YLWD 2 .0 MG Hidden Hills Reservoir Fee Proposal P60t-01 lab I Geotechnical Services (soil density testing, etc) $12,844 $15,413 2 Construction. Materials Testing (concrete) $81,714 $98,057 TOTAL: $94,558 $113,470 Rates may increase commensurate with future mandated changes in the California prevailing wages as determined by the California Department of Industrial Relations. Future wage and rate escalations are likely. Actual scope and cost may vary from what was estimated, if additional time is required on site or if additional test cylinders are required. If the actual site visits or hours requested are less than assumed, our fee would be less than estimated. Conversely, if there are numerous small pours, numerous failed soil density or failed concrete tests, extensive standby or unnecessary site visits, this budget estimate may be insufficient to complete the project, and we will notify you that our budget needs to be augmented. Further, the contractor may require additional breaks to evaluate form-stripping scheduling. Breaks other than at 7 and 28 days were not budgeted. This fee estimate is also based on the assumption that our field services will be performed during normal weekday daylight-hours and does not include overtime. CLOSURE We appreciate the opportunity to be of additional service to Yorba Linda Water District. If you have any questions or information that would update our scope of work, please call us at your convenience. The undersigned can be reached at (949) 250-1421 at the extensions and a-mail addresses noted below. Respectfully submitted, LEIGHTON CONSULTING, INC. TaeKuk Kim, F.E. Thomas C. Benson, ➢r., PE, Project Engineer President and CFA Extension 4265, 9;b e' to =Q,pom Extension 8771, thensoordleigh1m mm TKfTCB/lr Attachments: Table 1, Breakdown ofFstimated Fees 2007 Professional Fee Schedule for Prevailing Wage Projects (discounted for Yorba Linda Water District) Distribution: (5) addressee -ft -2-IN Leighton SWEENNIM '.P ig lton Constxifin"", iF'(; Table 1. Breakdown of Estimate! Fees Geotechnical Observation and Testing During Construction, Hidden Hills Reservoir meeting Hours Rate Amount Field Operations Manager 3 $152 $456 Vehicle 3 $11 533 Subtotal: $489 Backfi Density Tedi Hours ate Amount RFP calls for 30 field tests, assumed 30 field visits and 2 hours per visits Field Soil Technician Oreval0ng wage) 60 $75 $4,500 Field Operations Manager 4 $152 $608 Vehicle and Nuclear Density Gauge 64 $22 R M Subtotal: $6,484 Geotechnical Laboratory Tests (20 Tests Total) Ouand Unit Rate Amount Maximum Density/Optimum Moisture 6 $182 $1,092 Sieve Analyses 6 $135 $810 Organic Contents 4 $63 $252 Expansion Index (EI) 4 $131 4 Subtotal: $2,678 Final Compacted Fill Report Preparation Flours Rate Amount Principal Engineer 4 $247 $988 Senior Staff Engineer 10 $131 $1,310 Word Processor 5 $74 $370 CADD/Drafting 5 $105 $525 Subtotal: $3,193 Subtotal Geotechnical Observation and Testing Estimate Fee: $12,544 Geotechnical Observation and Testing Contingency (20%): $2,569 Total Geotechnical Observation and Testing Estimate Fee: $15,413 I Leighton Consulting, Inc Irvine, CA P601-01136 Table I Fee Estimate 3/10/2009 I I/ Table 1. Breakdown of Estimated Fees Concrete Sampling and Testing Estimated Budget, Hidden Hills Reservoir Concrete Samolin¢ and Testing Unit Ouantity Rate Cost ACI Technician (on-site) hours 560 S70 $39,200 ACI Technician (batch plant inspection) hours 160 S70 $11,200 Concrete Cylinders (ASTM C31) each 250 $25 $6,250 Drying Shrinkage (3 bars) sets 10 $400 54,000 Cement Content of Hardened Hydraulic-Cement Concrete tests 10 $1,440 $14,400 Pick-up and Delivery - Standard trips 20 $50 $1.000 Subtotal: $76,050 Administrative Sunoort Hours Rate ount Project Management / Materials Inspection Manager hours 16 $110 $1,760 Administration/Secretarial hours 28 $78 $2,184 Review of files for final letter of affidavit hours 8 $215 IL M Subtotal: $5.664 Subtotal Concrete Sampling and Testing Eastimated Fee: $81,714 Concrete Sampling and Testing Contingency (20%): $16,343 Total Concrete Sampling and Testing Eastimated Fee: $98,057 Abover are based on Gliflen4a prevailingwages, Wedwpaminimumfew-hous,daily. Any hounvwked in c of the fmmhavmmimumwia be chased a the eighFbowr dally rate, Swro4ay cancellations wal be charged as a fav-how minimum Ourutviweare dependent upon the cenaacters work schedule . Vm=csmd3ecrostmct xhedulermultinginadd fin ihmmtripe,ortestsaresubjeclmadditiooalfeesthatmay eeced dug estimate, Leighton Consulting, Inc. Irvine, CA P601-01136 Table 1 Fee Estimate 3/10/2009 0 Leighton Consuiting; Inc. A Lf!GHION GROUP COMPANY 2007 PROFESSIONAL FEE SCHEDULE* FOR PREVAILING WAGE PROJECTS FOR YORBA LINDA WATER DISTRICT PROFESSIONAL SERVICES Technical Staff Hourly Rate Laborer $95 Soil/Fled Technician" 75 Staff Engineer/Geologist/SciervbsVField Supervisor 115 Senior Staff Engineer/GeologisVSclentist ...131 Operations Manager/Equipment Operator 152 Project Engineer/Geologist/Sclentist 152 Senior Project Engineer/GeologisVScienbst ...........................................................................................................................168 Associate ................................................................................................................................................................................189 Principal 205 Senior Principal 247 Technical Support Staff Hourly Rate Administrative AssistantWord Processor $74 CAD Operatorlrechnical Illustrator/GIS Specialist ..................................................................._............._..............................105 Enalneerina Equipment Unit Rates Vehicle Usage $11 per hour Tiltmeter, Inclinometer Units 200 per day Nuclear Soil Gauge 84 per day GPS Station ...............................................................................................................................................................168 per day Other Equipment Upon Request OTHER TERMS AND CONDITIONS • Overtime for field personnel (all technician and staff levels) will be charged at 1.5 times basic hourly rate listed above. • Expert witness testimony will be charged at 2.0 times the above rates, with a minimum charge of four hours per day. • Invoices are rendered monthly, payable upon receipt. • Proposals are valid for 30 days, unless otherwise stated in the proposal. • Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction, and other reimbursable expenses will be Invoiced at cost plus 20%, unless billed directly to, and paid by client. • Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the site, and. agrees to reimburse Leighton Consulting for all costs related to their unanticipated discovery. • These rates are predicated on standard insurance coverage and a limit of liability to our fees for the project. • For "paid when paid" contracted work, Leighton Consulting shall receive payment within 10 calendar days from when our Client receives payment for our services. Minimum Hourly Charges for Field Technicians: 1. Monday-Frlday 2 hours minimum 2. Saturday and Sunday 4 hours minimum Effective through December 31.2W8, after which remaining work will be billed at then-current rates. " Subject to charge based upon changes in California prevailing wage rates. 1-07-P-YLWD 17781 Cowan ■ Irvine, CA 926146009 949250.1421 ■ Fax 949250.1114 ■www.leighlo nconsukkgmm GEOTECHNICAL LABORATORY TESTING PER TEST RATES Identification and Index Proaerdes (AM) Unft Rate Shear Strength (ASTM) Unft Rate Moisture Content $16 Pocket Penetrometer $16 Moisture and Density (ring samples) 26 Torvane 16 Moisture and Density (chunk samples) 58 Single Normal Load Direct Shear 1D5 Moisture Content & Density (Shelby tube/cutting ) 63 3 Load Direct Shear, Consolidated Undrained (4.05 in. Imin.) 265 Aterberg Limits (3 moisture points) 121 3 Load Direct Shear, Consolidated Drained (c0.05 inlmdn.) 305 Atterberg Limits (organic) 182 Remolding or Hand Trimming of specimens (3 points) 78 Single Pok0on-plash 84 Residual Shear - price per additional one-way pass per point 58 Visual classification of point as non-plastic 11 Torsional Shear 620 Particle Size: Sieve (passing t Yrinch to - #200) 74 Oriented or Block Hand Trimming 58 Sieve (passing 64nch to - #200) 135 Hydrometer only 110 Static Unialdal and Triaxial Strength Tests (ASTM) 1 Yrinch Sieve and Hydrometer 158 Unconfined Compression 7w;m strawstrampioy $89 Dispersive Characteristics of Clay Soil (double hydrometer) 89 UU Test - tlnconsolidateciftdrained faerseess) 168 Specific Gravity: Foe (passing #4) 89 Consolidated Undramed (CU,R) (perseese) 347 Coarse (retained on #4) 84 Three Stage Triaxlel Tests 608 Toted Porosity - On Shelby tube sample - calculation only 137 Consolidation and Swell Tests (ASTMI Total Porosity - On other sample - calculation only 105 Consolidation (w/one time deformation curve) $194 Photograph of sample 11 Each Additional Time Deformation Curve 47 Shrinkage Limits (wax method) 126 Each additional loadlunload w/o Time Deformation Curve 42 Pinhole Dispersion 210 Expansion Index (El, ASTM D 4829-03) 131 Sand Equivalent (SE, CTM 217) 89 Expansion Index (UBC 18.12) 165 Percent Passing #200 Sieve, wash sieve, only (ASTM D 1140) 58 SwedUCollapse Test (A) 10 normal loammu ladswrotime aeves 269 Single Load SwelUCollapse Test (B) se4 road, arid hendess, 105 Collapse Potential of Soils (ASTM D 5333.03) 194 Soil Chmrlistrv Laboratory Permeability Tests pH $42 Permeability (Hydraulic Conductivity) Electrical Resistivity - single point - as-received moisture 42 - Undisturbed driven tube sample $194 Minimum Resistivity (minimum of 3 moisture points) 89 - Remolded specimen 236 pH and Minimum Resistivity 131 Triaxial Permeability (at one effective stress) 294 Sulfate Content - Gravanetric 68 - Each Additional Effective Stress 121 Sulfate Screen 32 - Hand Trimming for Horizontal K 58 Chloride Content 68 - Dally charge for Long Term Tests 7 days) 47 Corrosion Sufte: pH, chloride, mnhman resistift and surate (grevnretric) 221 Remolding of Test Specimens 58 Organic Mater Content (ASTM D 2974) 63 Air Permeability (includes moisture & density) 1 DO Air Permeability (modified for soils) 173 Compecdon (moisture and density curves) Standard Proctor (ASTM D 698) Compaction - 4 points Caltrans Tests (Califomia Test Methods) 4 inch diameter mold $182 R-Value, untreated soils (CTM 301, 312000) $289 6 inch diameter mold 215 R-Value, lime or cement treated soils (57% additive) 338 Modified Proctor (ASTM D 1557) - 4 points Samolina Eaulomerd Charoes 4 inch diameter mold 193 Box of Sample Rings (28 samples per box) $125ux 6 inch diameter mold 225 Daily Ring-Lined Drive Sampler Equipment Usage 37/day Check Point 79 Relative Density (0.1 cubic loot mold) 236 All soil samples should be tree of hazardous naterift standard wmarwmd am Cadtrans Wet Density Compaction Curve (CTM 216) 215 for east results Is 10 woftV days Samples Will be stored for 3 morift after which California Bearing Ratio (CBR) - 3 points • 557 they will be dhicarded. Prior rotiaation Is required H samples need to be stored for e ' lonper time. A monthly smrega lee of 810 per bag and $5 per sleeve will be applied. - 1 point 184 17781 Cowan ■ Irvine, CA 92614-M 949250.1421 a Fax 949.250.1114 ewww.leightonconsuPong.oom Leighton Consulting, Inc. A LLIGHTON GROUP COFI~ANY MATERIALS TESTING & INSPECTION SCHEDULE OF SERVICES Task Professional Construction Materials Engineering Services Hourly Rate 6100 Project Management / Materials Inspection Manager $105 7100 Principal Engineer 168 7101 Registered Civil Engineer 127 7102 Staff Engineer 99 7103 Administration /Secretarial Time 74 7104 Reports - Test Results 17 each 7105 Review of Files far Final Letter of Affidavit (min. 2 hours) 144 7106 Expert Witness, Consultation and Court Appearances (min. 4 hours) 277 7107 Submittal Review for Compliance with Project Plans and Specifications 144 Task Special Inspection Services Hourly Rate 6200 Special Inspection Concrete ICC $70 6201 Special Inspection Post-Tension Concrete [CC 70 6202 Special Inspection Structural SteetWelding & Bolting ICC 70 6203 Special Inspection Welding AWS/CWI 78 6204 Special Inspection Masonry ICC 70 6205 Special Inspection Masonry DSA 78 6207 Special Inspection Asphalt 70 6208 Special Inspection Fireproofing ICC 70 6211 Special Inspection Shotcrets ICC 70 6212 Special Inspection Shotcrete DSA 78 6213 Special Inspection Epoxy Injection & Anchors 70 6216 Building Inspection ]CC 70 6217 Fabrication Inspection (Local) AWS/CWI, ICC, Glulam 78 6218 Fabrication Inspection (Outside Local Area) Quote 6219 Inspector Verified Report (DSA-6) 78 Ia¢js Technician Servlees Hourly Rate 6230 Technician-Materials (ACI Tech/Rebar Tag & Sample) $68 6232 Coring and Sizing (in house) 68 7120 Laboratory Technician 68 6233 Pachometer Survey - Technician 68 6234 Schmidt Hammer Survey-Technician 66 6235 Moisture Testing - Technician 68 6236 Grounding Rod Soil Resistance Test - Technician Quote 6237 Pull-out Test on Embedded Bolts, Anchors and Dowels 65 6238 Earth Anchor Hold Down Test (4 Hour, Full Load Application with 5 minimum) Quote 6239 Earth Anchor Hold Down Test (Prelude / Short Tenn, w/Full Load) Quote 6240 Coring Concrete, Masonry or Asphalt in Field Quote 6241 Sawing Concrete, Masonry or Asphalt in Field Quote 6242 Pick-up and Delivery - Standard 401trip 6243 Technician Travel Time (>40 mite radius from Leighton Consulting laboratory) 71Rrour Task Equipment Charges Daily 6300 Skidmore-Wilhelm Bolt Cell 14$42 6301 Torque Wrench 16 6302 Air Meter 21 6303 Pachometer 53 6304 Schmidt Hammer 32 6306 Vibrating Probe (Concrete) 42 6307 110V,50A Generator 125 1-07P 17761 Cowan • Irvine, CA 92614-6009 949.250.1421 a Fax 949250.1114 ■ www.idghtDmmnshdtlng.com i Leighton Consulting, Inc. A LEIORTOPo OROVP GOPoPAPoY Task Concrete Strenaah Characteristics Meth Per Test 7200 Concrete Cylinders (6-Inch by 12-Inch) - Compression ASTM C-39 $23 7201 Gunite /Shotcrete Cores (Lab Coring & Testing Only) ASTM C-42 66 7202 Lightweight F91 Concrete (34nch by 64nch) ASTM C-495 36 7203 Compression, Concrete or Masonry Cores (testing only) 56-inch diameter ASTM C-42 36 7204 Splitting Tensile -64nch by 12-inch cylinder ASTM C-496 42 7205 Flexural Strength of Concrete (Simple Beam with 3'" pt. Loading) ASTM C-78 58 7206 Mix Design, Determination of Proportions 200 7207 Mix Design, Review of Existing 150 7208 Laboratory Trial Batch With Slump, Unit Weight & Air Content ASTM C-192 473 7209 64nch by 124nch Cylinder, Make and Test (lob trial batch) ASTM C•192 23 7210 34nch by 6-Inch Grout Prisms, Make and Test (lab trial batch) ASTM C-192 23 7211 64nch by 64nch Flexural Beams, Make and Test (lab trial batch) ASTM C-192 34 7213 Cylinder Molds, 64rich by 12-inch, 24nch by 44nch when not used with testing 3 7214 Unit Weight of Hardened Light weight Concrete ASTM C-567 34 7215 Rapid Cure Concrete Cylinders (Boll Method) ASTM C-084 34 7216 Drying Shrinkage (Four Readings, up to 90 days, 3 bars) ASTM C-157 263 7217 Modulus of Elssridty/Poisson's Ratio 34nch by 6-inch cores ASTM C-469 368 7374 Compressive Strength - Concrete Cylinder t CTM 521 23 7376 Flexural Strength of Concrete (simple beam w/ center point loading)' CTM 523 84 J11h Aggregate Properties Method Per Test 7240 Sieve Analysis of Fine and Coarse Aggregate ASTM C-136 $135 7241 Sieve Analysis-Fkher than #200 (Wash) ASTM G117 79 7242 LA Rattler-Smaller Coarse Aggregate < ASTM C-131 163 7243 LA Rattler-Larger Coarse Aggregate > ASTM C-535 189 7244 Soundness Magnesium, Sodium ASTM C-88 215 7245 Organic Impurities ASTM C-40 68 7246 Clay Lumps, Friable Particles ASTM C-142 131 7370 Soil & Aggregate Preparation & Sieve (Fine & Coarse Aggregate) " CTM 201 & 202 263 7373 Grading & Spec Gravity Calculation ` CTM 105 79 7247 Durability Index CTM 229 131 7248 Cleanness Value of Coarse Aggregate CTM 227 105 Per 26 780 77260 Mortar Cylinders (2-Inch by flinch) ASTMM C- 7261 Mortar Cubes (2-Inch by 2-Inch) ASTM C-109 23 7262 Grout Prisms (3-Inch by 6-inch) ASTM C-1019 23 7263 Compression, Concrete or Masonry Cores, s6-inch diameter (Testing Only) ASTM C-42 34 7264 CMU Compression (3 required) to size 84nch by 84nch by 16-inch ASTM C-140 45 7265 CMU Compression (3 required) greater than 8-Inch by 8-inch by 16-inch ASTM C-140 50 7266 CMU Moisture Content, Absorption & Unit Weight (6 required) ASTM C-140 84 7267 Masonry Efflorescence (5 required) ASTM C-67 63 7268 CMU Linear Drying Shrinkage ASTM C-426 95 7269 CMU Grouted Prisms (compression tests 8 inch by 8-inch by 164nch) ASTM E-447 158 7280 CMU Grouted Prisms (compression test> 61nch by 84nch by 16-inch) ASTM E-447 210 7281 Masonry Core-Shear Title 24 (Teat Only) 63 Brick Method Per 1W 772900 Compression (5 required) ASTM 7 7291 Modulus of Rupture (5 required) ASTM C-67 40 7292 Absorption, Soak (5 required) ASTM C-67 32 7293 Absorption, Boil (5 required) ASTM C-67 32 7294 Absorption, Saturation Coefficient (5 required) ASTM C-67 47 7295 Initial Rate of Absorption (5 required) ASTM C-67 40 7296 Efflorescence (5 required) ASTM C-67 53 7297 Efflorescence with Mortar (5 required) ASTM C-67 63 1-07P 17781 Cowan ■ Irvine, CA 92614009 949250.1421 ■ Fax 949250.1114 a waw leightommnsulGng.rom Leighton Consulting, Inc. A LLIGH(ON GROUP OOM-ANY Task Steel Reinforcement Method r Test 7300 Tensile Test, Up to No. 10 ASTM A-370 $42 7301 Tensile Test, No. 11 and over ASTM A-370 89 7302 Bend Test. Up to No. 8 ASTM A-370 34 7303 Bend Test, No. 9 and over ASTM A-370 50 I_gk Structural Steel Method Per Test 7310 Tensile Strength, 5100,000 pounds axial bad ASTM A-370 $42 7311 Tensile Strength, 100,000 to 200,000 pounds axial load ASTM A-370 58 7312 Bend Test ASTM A-370 37 7313 Pipe Flattening Test ASTM A-370 Quote 7314 Machining and Preparation of Samples ASTM A-370 50 7315 Brinell & Rockwell Hardness Test ASTM A-370 53 7316 Chemical Analysis, Carbon and Low Alloy Steel Quote Task Pre-stressing Method Per Test 7320 Prestressing Wire ASTM A416 $158 7321 Sample Preparation (cutting) 50 7322 Prestressing Cable, 7 Wire (Breaking Strength/Modulus of Elasticity) ASTM A-416 168 Ink Weld Procedure and Welder Qualifications Unit Rates 6320 Welder CertiflcaBavWeldProcedure Review(AWS/CWI) $74/hour 7330 Weld Tensile Test 40 each 7331 Weld Bend Test 28 each 7332 Weld-Macro Etch 45 each 7333 Bolt Tensile Test 50 each Task Fireproofing Method Per 7340 Unit Weight (Density) UBC Std. 7-6 $53 7341 Cohesbn/Adhesion UBC Std. 7-6 62 Task Asphalt Concrete. General Testing Method Per lost 7350 Extraction, Percent Asphalt and Gradation ASTM D 2172/ c 136 $194 7351 Extraction & Percent Asphalt (only) ASTM D 2172 75 7355 Extraction and Gradation Only ASTM D 2172/ C 136 152 7352 Unit Weight - Molded Specimen or Cores ASTM D-118 53 7353 Maximum Density - Hveem CTM 308 84 7354 Stabilometer Value CTM 366 263 7357 Bituminous Mixture Preparation CTM 304 79 7377 Moisture Content of Asphalt t CTM 370 58 7378 Sampling Highway Materials/Products (Roadway Structural Sections) r CTM 125 per hour Ouote 7379 Extraction by Ignition Oven CTM 382 (812003) 55 Rubberized Asphalt add 25% IpgJt Mix Design/Control Method Per Test 7360 Mix Design - Hveern Including Aggregate Tests per Design ASTM D 1560/CTM 366 Quote 7361 Mix Design - Marshall Including Aggregate Tests per Design ASTM D 1559 Quote 7362 Field Mix - Hveem Stability per point ASTM D 1560/CTM 366 $158 7363 Field Mix - Marshall Stability per point ASTM D 1559 158 JAM Moisture Vapor Emisalon Rate (MVER) Test Method Per Test 6325 Moisture Test Kit (excludes labor to perform test) ASTM E-1907 $57 Task Outside Services Non-Destructive Testing (NDT) of Welds ANSI Quote Radiographic Testing Quote 'soil t material soft & materials 1-07P 17781 Cowan ■ Irvine, CA 92614-6009 949250.1421 a Fax 949250.1114 ■ www leightonconsulting.oom Leighton Consulting, Inc. A LEIOHiON GROUP COMPANY BASIS OF CHARGES FOR MATERIALS INSPECTION & TESTING REGULAR WORK HOURS: First 8 hours between 6:00 a.m. and 6:00 p.m. Monday through Friday, except holidays. TIME AND ONE HALF: After 8 hours and up to 11 hours Monday through Friday and Saturdays. DOUBLE TIME: After 11 hours and Sundays. TRIPLE TIME: Holidays: New Years, Memorial Day, Independence Day, Veterans Day, Thanksgiving and the day after Thanksgiving, Christmas Day and Labor Day. MINIMUM HOURLY A. Special Inspector (Field Time Only) CHARGES- 1. Cancellation of Inspections not canceled by 4:00 p.m. on preceding day 2 Hours Inspectors & Technicians: 2. One-half working day or less .....................................................................................4 Hours 3. Over one-half working day/or begins before noon and extends into afternoon 8 Hours B. General Inspector (Field Time Only) 1. One-half working day or less .....................................................................................4 Hours 2. Over one-half working day/or begins before noon and extends into afternoon ..........8 Hours C. Technician - Field/Concrete 1. Cancellation of Inspections not canceled by 4:00 p.m. on preceding day.............. ....2 Hours 2. One-half working day or less .....................................................................................4 Hours 3. Over one-hatf working day/or begins before noon and extends into afternoon 8 Hours CYLINDER HOLDS: After all designated 28-day breaks for a given set meet specified compressive strength, all "hold" cylinders will automatically be disposed of, unless specked in writing prior to the 28-day break. OUTSIDE SERVICES: Outside services performed by others and direct costs expended on the client's behalf are charged at cost plus 20%. These expenses include equipment rental, paridng, subsistence, photographs, oo- insurance endorsement, etc. REPORT CHARGES: Secretarial time will be charged at $70 per hour. A maximum of 6 copies will be issued for each report. FILE SEARCH & Minimum $70 will be charged for Secretarial Time. REISSUE OF REPORT: REPORTING: All reports contracted for by the client will be considered confidential information and submitted directly to him. We will require the authorization of the client prior to distribution to parties other than those designated in Section 1701 of the Uniform Building Code or Title 24, Part 1, California Administrative Code. PAYMENT TERMS: Payment for services Is due upon presentation. If not paid within 30 days of the invoice date, they will be considered past due and a carrying charge of 1-1/2% per month (or the maximum rate allowed by law) will be added to the unpaid balance, until paid in full. Any Attorney's fees or other costs Incurred in collecting any delinquent accounts will be added to the amounts due and shall be paid by the party invoiced. COMPLETION: Inspector will remain on job until discharged by designated competent authority. CANCELLATION: No Charge If made before 4:00 p.m. of the preceding work day. See Minimum Charge. PARKING: When not furnished for Inspector, parking will be charged at cost plus 20%. SUBSISTENCE: On remote jobs, subsistence, when not furnished for Inspector, will be charged at cost plus 20%. INSURANCE: We carry worker's compensation, general, auto and professional liability Insurance. Additional cost of any special insurance required by the client, including increased policy limits, adding additional insured parties, and waivers of subrogation will be billed at cost plus 20 percent. LICENSES & PERMITS: The additional cost of any special licenses or permits for a project will be billed at cost plus 20 percent. PREVAILING WAGE: The hourly rates provided are in compliance with prevailing wage requirements. As the rates for California Prevailing Wage Increase, our hourly rates will Increase accordingly. 1-07P 17781 Cowan s Irvine. CA 926149 949.250.1421 • Fax 949250.1114 s www.le ghk mnsuhrg.com i ITEM NO. AGENDA REPORT APPROVED BY THE BOARD OF DIRECTORS Board Meeting Date: April 9, 2009 OF THE YORBA LINDA WATER DISTRICT To: Board of Directors APR - 9 2009 From: Ken Vecchiarelli, General Manager BY Staff Contact: Lee Cory, Operations Manager me/om 5--40 Reviewed by General Counsel: No Budgeted: No Total Budget: Funding Source: All Water Funds CEQA Account No: 151890 Job No: Compliance: N/A Estimated Costs: $ 40,000 Dept: Ops Subject: Rebuild of Engine No. 5 at the Highland Booster Station SUMMARY: The District's Engineering Department is beginning the preliminary evaluation of the Highland Booster Station Replacement project, which will include replacing the existing station's pumps with larger units. Until the replacement booster station is completed the existing pumps and motors must be maintained to operate at maximum efficiency. The natural gas engine driven pump No. 5 is in need of a major rebuild to assure that our pumping capabilities are maximized, while we plan, design and construct the new replacement booster station. DISCUSSION: The subject engine is part of a critical pumping unit used during the District's high summer demand period and is vital during electrical power outages. The engine has experienced considerable wear, even with several minor overhauls during the past couple of years. Our concern now is that the unit may fail at a time that we can least afford to have it out of service. A major rebuild is needed to upgrade the engine's dependability to see us through high demand pumping periods until the new replacement booster station is complete and in service. The District's Mechanical staff has made several attempts to get bids for rebuilding the engine. To date only one contractor has responded with a written bid. Staff has attempted to coach bids from several different mechanical contractors with no success. The single bid received is from Cummins for $29,000. However, this bid is missing a few key parts that our mechanical division has determined we will need to purchase for the engine rebuild. We are working with Cummins to acquire a revised bid with the additional parts. Staff estimates the cost of these parts to be $8,000. Additionally as with this type of work, the final cost of the rebuild will only be determined once the engine has been removed and evaluated. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to execute a Purchase Order with Cummins Engine Company in the amount not to exceed $40,000, to rebuild the Highland Booster Pump Station Engine No. 5. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting held April 2, 2009 and supports staff recommendation. i Cummins MATERIAL RETURNED FOR CREDIT OR EXCHANGE MUST Cal Pacific LLC SHOW THIS INVOICE NUMBER. ALL MATERIAL RETURNED r FOR CREDIT SUBJECT TO 15% HANDLING CHARGE. BLOOMINGTON ® ` 3061 S. RIVERSIDE BLOOMINGTON, CA 92316- ESTIMATE (909)877-0433 REMIT T0: P.O. BOX 513017 LOS ANGELES. CA 90051.1017 BILL TO OWNER YORBA LINDA WATR DISTRICT YORBA LINDA WATR DISTRICT 913 S. RICHFIELD RD 913 S. RICHFIELD RD PAGE 1 OF 3 PLACENTIA, CA 92870- PLACENTIA, CA 92870- 'COD' RON TALBERT - 714 701-3156 DATE CUSTOMER ORDER NO. DATE IN SERVICE ENGINE MODEL PUMP NO. EQUIPMENT MARE 27-MAR-200910:52AM 12-NOV-1993 D253593PX02 UNLISTED CUSTOMER NO. SNIP VIA PAIL DATE ENGINE SERIAL NO. CPL NO. EQUIPMENT MODEL 155848 23-MAR-2009 55100172 ALL REF. NO. SALESPERSON PARTS DISP. MILEAGEINOURS PUMP CODE UNIT MO. 100604 GTA855 REIZEN OSWMSNMN VIN COMPLAINT ENGINE REBUILD. GTA855 INDUSTRIAL GAS ENGINE - LOGISTIC SUPPORT - MODEL: GTA855 - SERIAL: 55100172. ALL ADDITIONAL MISCS PARTS AND ADDITONAL REPAIRS REQUIRE OUT SIDE THIS ESTIMATE ARE EXTRA. CAUSE OUT OF FRAME OVERHAUL. CORRECTION PERFORM OUT OF FRAME OVERHAUL WITH NEW CRANKSHAFT, PAIN BEARINGS, SIX PINSTONS AND LINERS, NEW HEAD, NEW WATER PUMP AND NEW TURBO. COVERAGE BILLABLE. REMARK REMOVAL OF ENGINE AND TRANSPORTATION IS BEING SUBLETED TO AL GUTIERREZ TRANSPORTATION. DIAGNOSTIC CHARGE: 0.00 1 0 3608833 CRANKSHAFT.ENGINE CECO 3,741.48 3,741.48 1 0 4955628 KIT,OVERHAUL CECO 3,543.64 3.543.64 3 0 4949162 HEAD,CYLINDER CECO 2,841.66 8,524.98 1 0 3801787RX KIT, WATER PUMP NT855 DRC 405.17 405.17 1 0 AR45184D PUMP,WATER BC FFC CLEAN 32.50 32.50 .1 0 AR46184D PUMP,WATER BC FFC DIRTY 32.50 - 32.50 1 0 3504942 TURBOCHARGER,BHT3E CECO 1,999.64 1,999.64 1 0 3411335 THERMOSTAT CECO 68.04 68.04 12 0 80764 CLEANER, COMPONENT OTHER 4.71 56.52 6 0 07480 DISC,2" ROLOC OTHER 1.73 10.38 Completion date : 27-Mar-2009 01:57PM. Estimate expires : 22-Apr-2009 01:57PM. BAR# AL225033 TERMS: NET 30 UNLESS OTHERWISE SPECIFIED. A SERVICE CHARGE OF 1 AND 112% PER MONTH (EFFECTIVE RATE OF 18% PER ANNUM) WILL BE CHARGED ON PAST DUE ACCOUNTS. PLEASE CONTACT THE CCP SHIPPING BRANCH FOR ANY QUESTIONS REGARDING THIS INVOICE. AUTHORIZED BY : DATE : 1 Cummins MATERIAL RETURNED FOR CREDIT OR EXCHANGE MUST SHOW THIS INVOICE NUMBER. ALL MATERIAL RETURNED e Cal PaCifiC P LLC FOR CREDIT SUBJECT TO 15% HANDLING CHARGE. BLOOMINGTON 3061 S. RIVERSIDE BLOOMINGTON, CA 92316- ESTIMATE (909)877-0433 REMIT TO: P.O. BOX 513017 LOS ANGELES. CA 90051-1017 BILL T OWNER YORBA LINDA WATR DISTRICT YORBA LINDA WATR DISTRICT 913 S. RICHFIELD RD 913 S. RICHFIELD RD PAGE 2 OF 3 PLACENTIA, CA 92870- PLACENTIA, CA 92870- . COD. RON TALBERT - 714 701-3156 DATE CUSTOMER ORDER NO. DATE IN SERVICE ENGINE MODEL PUMP N0. EQUIPMENT MAKE 27-MAR-200910:52AM 12-NOV-1993 0253593PX02 UNLISTED CUSTOMER NO. SNIP VIA PAIL DATE ENGINE SERIAL NO. CPL NO. EQUIPMENT MODEL 155848 23-MAR-2009 55100172 ALL REP. NO. SALESPERSON PANTS DISP. MILEAGEMOURS PUMP CODE UNIT NO. 100604 GTA855 OSWMSNIVIN VIN 1 0 21421 GRASE,10.5 LUBRIPLATE OTHER 6.84 6.84 1 0 3164067 SEALANT CECO 14.16 14.16 25 0 23926 TIE, LARGE CABLE OTHER .29 7.25 1 0 MISC HOSES,CLAMPS,ETC NONSTOCK 364.00 364.00 1 0 3043928 CAMSHAFT OTHER 1,213.99 1,213.99 1 0 3801106 SET,CAMSHAFT BUSHING CECO 120.33 120.33 1 0 3412285 CORE,000LER CECO 400.43 400.43 1 0 3609837 PUMP.LUBRICATING OIL CECO 823.62 823.62 3 0 3081251RX FOLL,CAM PRE 91 (CROWN ROL DRC 426.81 1,280.43 3 0 3036939D FOLL,CAM PRE'91(CRN ROLL) CLEAN 32.50 97.50 -3 0 30369390 FOLL,CAM PRE 91(CRN ROLL) DIRTY 32.50 - 97.50 3 0 AR3307RX ROCKER,UPPER SC & BCI ONL DRC 446.10 1,338.30 3 0 AR3307D ROCKER,UPPER NH 250 CLEAN 32.50 97.50 -3 0 AR3307D ROCKER,UPPER NH 250 DIRTY 32.50 - 97.50 12 0 3046420 ROD.PUSH CECO 41.96 503.52 6 0 3014404 NOZZLE,PISTON COOLING CECO 25.65 153.90 6 0 4089086 PLUG,SPARK CECO 30.94 185.64 1 0 LF670 LURE FILTER FLG 20.24 20.24 1 0 LF777 LURE FILTER FLG 23.35 23.35 6 0 3013930RX ROD,CONN NH BC DRC 202.58 1,215.48 6 0 3013930D ROD,CONN NH SC CLEAN 32.50 195.00 Completion date : 27-Mar-2009 01:57PM. Estimate expires : 22-Apr-2009 01:57PM. BAR# AL225033 TERMS: NET 30 UNLESS OTHERWISE SPECIFIED. A SERVICE CHARGE OF 1 AND 1/2% PER MONTH (EFFECTIVE RATE OF 18% PER ANNUM) WILL BE CHARGED ON PAST DUE ACCOUNTS. PLEASE CONTACT THE CCP SHIPPING BRANCH FOR ANY QUESTIONS REGARDING THIS INVOICE. AUTHORIZED BY : DATE : MATERIAL RETURNED FOR CREDIT OR EXCHANGE MUST Cummins SHOW THIS INVOICE NUMBER- ALL MATERIAL RETURNED ' Cal Pacific, LLC FOR CREDIT SUBJECT TO 15% HANDLING CHARGE. BLOOMINGTON 3061 S. RIVERSIDE BLOOMINGTON, CA 92318- =MATE (909)877-0433 BILL TO OWNER YORBA LINDA WATR DISTRICT YORBA LINDA WATR DISTRICT 913 S. RICHFIELD RD 913 S. RICHFIELD RD PAGE 3 OF 3 PLACENTIA, CA 92870- PLACENTIA, CA 92870- -COD. RON TALBERT - 714 701-3156 DATE CUSTOMER ORDER NO. DATE IN SERVICE ENGINE MODEL PUMP NO. EQUIPMENT MAKE 27-MAR-200910:52AM 12-NOV-1993 D253593PX02 UNLISTED CUSTOMER NO. SNIP VIA FAIL DATE ENGINE SERIAL NO. CPL NO. EQUIPMENT MODEL 155848 23-MAR-2009 55100172 ALL REP. NO. SALESPERSON PARTS DISP. MILEAOEMOURG PUMP CODE UNIT NO. 100604 GTA855 OSNIMSNMN VIN -6 0 3013930D ROD.CONN NH BC DIRTY 32.50 - 195.00 PARTS: 26,021.33 PARTS COVERAGE CREDIT: 0.000R TOTAL PARTS: 26,021.33 SURCHARGE TOTAL: 0.00 LABOR: 7,698.60 LABOR COVERAGE CREDIT: 0.0008 TOTAL LABOR: 7,698.60 TRAVEL: 936.00 TRAVEL COVERAGE CREDIT: 0.000R TOTAL TRAVEL: 936.00 MISC.: 8,640.00 MISC. COVERAGE CREDIT: 0.000R TOTAL MISC.: 8,640.00 MISC CHARGE 300.00 SUBLET REPAIRS 6,240.00 ROAD MILEAGE 350.00 PREMIUM ORDER CHARGE 1,200.00 PREMIUM ORDER CHARGE 550.00 THANK YOUI WE APPRECIATE YOUR BUSINESS. SALES TAX 2,303.12 VISIT US AT W W W.CUMMINSCALPACIFIC.COM Completion date : 27-Mar-2009 01:67PM. Estimate expires : 22-Apr-2009 01:57PM. BARS AL225033 TERMS: NET 30 UNLESS OTHERWISE SPECIFIED. A SERVICE CHARGE OF 1 AND 1/2% PER MONTH (EFFECTIVE RATE OF 18% PER ANNUM) WILL BE CHARGED ON PAST DUE SUB TOTAL: 43,295.93 ACCOUNTS. PLEASE CONTACT THE CCP SHIPPING BRANCH FOR ANY QUESTIONS TOTAL TAX: 2,303.12 REGARDING THIS INVOICE. TOTAL AMOUNT: US $ 46,598.06 AUTHORIZED BY : DATE : ITEM NO. AGENDA REPORT APPROVED BY THE BOARD OF DIRECTORS Board Meeting Date: April 9, 2009 OFTHEYORBALINDAWATERDISTRICT To: Board of Directors APR - 9 2009 From: Ken Vecchiarelli, General Manager BY 67M /rrrB (Qo44 eAcc) Staff Contact: Steve Conklin, Engineering Manager 6--,(; Reviewed by General Counsel: Yes Budgeted: N/A Total Budget: N/A Funding Source: N/A CEQA Account No: Job No: Compliance: N/A Estimated Costs: N/A Dept: Eng Subject: Resolution Supporting SAWPA Integrated Regional Water Management Plan SUMMARY: On January 29, 2009, the Santa Ana Watershed Project Authority (SAWPA) released the draft Santa Ana River Watershed "One Water One Watershed" (OWOW) Integrated Regional Water Management Plan (IRWMP). According to SAWPA, the process is designed to update the Santa Ana River Watershed IRWMP, and will help secure significant funding for resources in the Watershed Region. SAWPA has requested that the Yorba Linda Water District Board of Directors adopt a resolution of support for the OWOW IRWMP. DISCUSSION: Attached is a letter dated March 12, 2009, from SAWPA, briefly describing the draft IRWMP and the pursuit for funding under Proposition 84. The letter also requests a resolution of support and a response letter based on review of the draft plan. Staff has reviewed the Executive Summary and the Chapter 11 Summary and Next Steps of the draft plan, and endorses the plan and efforts of SAWPA. Copies of the Executive Summary are available from staff, or copies of the draft report can be viewed or downloaded from www.sawpa.org. Attached are copies of a draft resolution of support by the Board and a draft response letter from the General Manager for consideration by the Board. PRIOR RELEVANT BOARD ACTION(S): None. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 09-05 supporting the "One Water One Watershed" Santa Ana River Watershed Integrated Regional Water Management Plan and its submittal to the Department of Water Resources for Proposition 84 Funding, and authorize the General Manager to send a response letter to SAWPA staff. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its April 2 meeting and supports staff recommendation. RESOLUTION NO. 09-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT SUPPORTING THE "ONE WATER ONE WATERSHED" SANTA ANA RIVER WATERSHED INTEGRATED REGIONAL WATER MANAGEMENT PLAN AND ITS SUBMITTAL TO THE DEPARTMENT OF WATER RESOURCES FOR PROPOSITION 84, CHAPTER 2 PROGRAM FUNDING WHEREAS, the Santa Ana Watershed Project Authority (SAWPA), working with stakeholders and partners throughout the Santa Ana River Watershed has prepared the "One Water One Watershed" (OWOW) Santa Ana River Watershed Integrated Regional Water Management Plan (IRWMP); and WHEREAS, the OWOW IRWMP represents one of the most significant and innovative collaborative planning efforts to date in addressing water resources in the Santa Ana River Watershed; and WHEREAS, the OWOW planning process was conducted in a fair and transparent process working closely with stakeholders in the watershed in a bottom-up approach in preparing the Santa Ana River Watershed OWOW IRWMP; and WHEREAS, the OWOW IRWM Plan also will help secure significant funding for resources in the Santa Ana River Watershed through the California Department of Water Resources, Proposition 84, Chapter 2 Integrated Regional Water Management Program. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Yorba Linda Water District hereby supports the "One Water One Watershed" Santa Ana River Watershed Integrated Regional Water Management Plan and agrees to support SAWPA in its submittal of the Plan, on behalf of the Santa Ana River Watershed, for the DWR Proposition 84, Chapter 2 Integrated Regional Water Management Program funding for the benefit of the residents of the entire Santa Ana River Watershed. PASSED AND ADOPTED this day of , 2009 by the following called vote: AYES: NOES: ABSENT: ABSTAIN: John W. Summerfield, President ATTEST: Kenneth R. Vecchiarelli, Secretary Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman and Behrens 1 April 9, 2009 Ms. Celeste Cantu Santa Ana Watershed Project Authority 11615 Sterling Avenue Riverside, CA 92503 Subject: Draft Integrated Regional Water Management Plan for OWOW Dear Ms. Cantu: Thank you for the opportunity to review the subject document prepared by SAWPA. As a member agency of OCWD that borders and depends on the Santa Ana River to replenish the groundwater basin as a well water source, Yorba Linda Water District is vitally concerned with the river and its watershed. We have reviewed the Draft Integrated Regional Water Management Plan (IRWMP) and applaud your efforts in creating a significant and innovative collaborative planning tool. We are faced with major water challenges that will require collaboration and cooperation of the many stakeholders in the watershed. The Yorba Linda Water District looks forward to working with SAWPA and other concerned agencies in the development of water resource management strategies to address the challenges at hand. Sincerely, Kenneth R. Vecchiarelli General Manager v v P H R F . `kip ' uLW✓ A United Voice for the Santa Ana Watershed March 12, 2009 Steering Committee Members Mr. Ken Vecchiarelli RECEIVE--. General Manager Yorba Linda Water District MAR 13 2009 P.O. Box 309 SAWPA Yorba Linda, CA 92885-0309 YORa.P. LI?tCA Vsa''-~ r'-- Ron Sullivan Re: Santa Ana River Watershed's "One Water One Watershed" IRWMP SAWPA Wyatt Troxel Dear Mr. Vecchiarelli: Supervisor On January 29, 2009, the Santa Ana Watershed Project Authority (SAWPA) released the draft Santa Bill Campbell Ana River Watershed "One Water One Watershed" (OWOW) Integrated Regional Water Management Orange County Plan (IRWMP). This draft Plan represents the culmination of one of the most significant and innovative collaborative planning efforts to date. Over 350 experts and community leaders from throughout the Supervisor watershed contributed to this planning process. This process is designed to update the Santa Ana River Marion Ashley Watershed IRWMP, and will help secure signficant funding for resources in the Santa Ana River Riverside County Watershed Region. Josie Gonzalo We invite all interested parties to review the draft IRWMP and email comments to SAWPA by San Bernardino March 31, 2009, at commentg( sawoa.or¢. Individually, no one has sufficient resources to address county the sustainability issues we face. No one person has enough understanding, credibility, or authority to connect the larger networks of people and organizations to do this work. We must do it together. The Mayor Plan can be downloaded at www.sawpa.ore. Both Krom City of Irvine We request that your governing board adopt a resolution of support for the OWOW IRWMP. A Mayor template is attached for your convenience. Ron t.overldge City of Riverside With the fiscal and water crises, now is the time to set aside our specific job titles and, as citizens of the Watershed, collaborate across boundaries. Together, we can create a new shared vision of how the mayor Santa Ana River Watershed works in order to ensure a sustainable water supply, improve water quality, Pat Morris and manage storm flows in the most affordable way possible. City of San Bernardino Development The State requires this and it is the promise of Proposition 84, Chapter 2 Integrated Regional Watershed All Sahahi Management Program. The State, using Proposition 84, Chapter 2 and SB I as a catalyst, has created a SE Corporation framework for addressing integrated regional watershed management planning and has established a financial incentive for watersheds to do this hard work. The fast round of expedited funding, Environment $100,000,000 statewide, has been appropriated to implement water resource projects across the State. Garry Brown As the initial step in this expedited process, the DWR has defined the desirable characteristics' of an IRWM Region as follows: Cgastkeeeepety Santa Ana Watershed Project Authority 11615 Sterling Avenue • Riverside, CA 92503 • (951) 3544220 www.sawpa.org • Administration FAX (951) 785-7076 • Planning FAX (951) 352-3422 Page 2 • The IRWM region is the largest defined contiguous geographic area encompassing the service areas of multiple local agencies, and it is defined to maximize opportunities to integrate water management activities related to natural and man-made water system(s) including water supply reliability, water quality, environmental stewardship; and flood management. • The IRWM region is inclusive and utilizes a collaborative, multi-stakeholder process that provides mechanisms to assist disadvantaged communities (DAC); address water management issues; and develop integrated, multi-benefit, regional solutions that incorporate environmental stewardship to implement the IRWM plan. • The IRWM region encompasses a water system containing natural and man-made components with diverse water management issues that are included in a single collaborative water management portfolio, prioritized on regional goals and objectives. • The IRWM region should demonstrate a reasonable and effective governance structure for developing and implementing its IRWM plan. 1 DWR Draft IRWMRegion Acceptance Process, pg 3 of 12 Through the completion of the draft OWOW IRWMP, with its emphasis on a fair and transparent process guided by a diversified Steering Committee, the Santa Ana River Watershed IRWMP will very effectively meet the desired requirements of the DWR. In the months ahead, we will be working together with stakeholders in conducting a call for IRWMP projects to be funded from Proposition 84, Chapter 2. However, unlike other projects eligible for funding in other chapters of the Proposition 84,'the types of projects that we will be seeking are multi- beneficial integrated projects that address watershed problems. We encourage all interested parties to review the priority goals and objectives defined in the OWOW IRWMP and work with other agencies in submitting water resource-related projects that address multiple water resource management strategies in an integrated fashion. Once a portfolio of projects for Proposition 84 funding is developed for the Santa Ana River Watershed Region, SAWPA will review, ratify, and support this portfolio that the Steering Committee submits in the application process to the DWR. Our Steering Committee meetings are open to the public and all stakeholders are invited to attend and participate. All have the responsibility to bring their water challenges, resources and solutions to the table so that efficiencies and synergies can be created. This is the mission of Proposition 84, Chapter 2 Integrated Regional Watershed Management Program. In light of the planning efforts to date and of the pressing needs of the region, we request your support and partnership in supporting the Santa Ana River Watershed OWOW IRWMP. Sincerely, Santa Ana Watershed Project Authority Celeste Cantu General Manager CC:pb Attachment: Resolution January 29, 2009 f Dear Watershed Member, Four times in recent years, the Santa Ana Watershed Project Authority has completed an Integrated Watershed Plan. The plans have all looked at the Santa Ana River Watershed as a single region. With each iteration, the process was broadened and the voices of more stakeholders were added. We've learned how the water resources in the Watershed are linked, and how our success depends on careful planning that property values water. Working as a region, we can maintain our quality of life for a growing population, protect our remarkable natural resources, and ensure safe, reliable water for all residents. Contained here is a draft document that serves as the beginning of the next phase of the Integrated Watershed Planning process. The One Water One Watershed (OWOW) program is a departure from our previous planning efforts. In this phase, the planning was driven from the ground up. The stakeholders were asked to roll up their sleeves and identify the resources, problems and opportunities in this region. They described the watershed as a whole system, and collaborated across boundaries, geographic, functional, and political. They suspended old assumptions and balanced advocacy and inquiry to foster a new collective understanding of the watershed. This planning is guided by a Steering Committee made up of representatives from general government, water agencies, and the business and environmental communities. This group enlisted the aid of tin volunteer pillar leaders, local experts on a particular aspect of water. The pillar leaders organized group meetings, led discussions and produced reports that begin to lay the groundwork of our regional water future. The pillar leaders have developed strategies to reach those common goals identified in the process. The process is not complete. All good plans require constant refinement and this one is no different. Next, we will create an improved water future. This is more than mere problem solving, making what you don't want go away new partnerships and ways of doing business need to be developed. Creating involves bringing something new about. We must not leap to superficial quick fixes or to advocating for our favorite projects. We will guard against falling into the familiar trap of optimizing our own piece of the puzzle rather than building a shared understanding and a larger vision. We continue to invite people representing diverse views to join us and we ask all to listen to one another in new ways. Whether or not you chose to participate In the development of this plan, we invite you to read the draft document and provide written comments to comments®sawpa.org. by February 26, 2009. We have extended the comment period to March 16, 2009 to invite greater participation. The document is posted on the SAWPA website (www.sawpa.org). It is formatted for electronic posting and reading, so we may revise, update and improve our work. Please provide up to five pages of written comments in a readily readable format (e.g. MS word). Over the years, the SAWPA Integrated Watershed Plan has provided a unique 30,000 foot elevation view of our Watershed, so we may better see how the more detailed plans, programs and projects link together. The past watershed plans have been extraordinarily successful in establishing a template for Statewide integrated water resource management planning, as well as resulting in over $275 M in funding in this watershed. We begin the process of seeking projects that continue the goal of a sustainable water future in 2009. We expect to expand on this success. The needs of the region are great, but interest in the process is great as evidenced by the nearly 1,000 stakeholders that attended our first ever One Water One Watershed conference. We are bound together by our deep recognition of the Importance of water, our spirit and m trust in the collaborative process, and the stakeholders excellent planning work to build upon; we have the necessary tools to meet our regional water challenges. This watershed is our life boat; if is leaks, we all go down together. When it holds, we will establish a new water ethic for the 21st Century. Sincere ly, ~ - /~,Download the Plan 1 f (79.9 Megs) Celeste Cantd SAWPA i ITEM NO. AGENDA REPORT Board Meeting Date: April 9, 2009 APPROVED BY THE BOARD OF DIRECTORS OFTREYORBALINDA WATER DISTRICT To: Board of Directors APR - 9 2009 From: Ken Vecchiarelli, General Manager BY Staff Contact: Gina Knight, Human Resources Manager QC~P9 5-d Reviewed by General Counsel: Budgeted: Yes Dept: Admin Funding Source: All Unreserved Funds CEQA Account No: 1-23-780 Job No: N/A Compliance: N/A Estimated Costs: $17,000 Subject: Legal Services for Upcoming Labor Negotiations SUMMARY: The purpose of this report is for the Board of Directors to authorize the District's General Manager to engage the services of Liebert Cassidy Whitmore, a law firm, to provide labor relations services to assist the District during the upcoming labor negotiations. DISCUSSION: The District presently uses the firm of Liebert Cassidy & Whitmore for representation in employment related matters and participates in sponsored supervisory training through the firm's employment relations consortium workshops. Staff has experienced positive results and excellent professional service from the firm. The law firm has offices in Los Angeles, Fresno and San Francisco specializing in the representation of management in public sector labor and employment law issues. Staff recommends engaging the services of Richard Kreisler, a senior partner of Liebert Cassidy & Whitmore to represent the District and provide legal counsel during the meet and confer process with the District's negotiating team and the Yorba Linda Water District's Employee Association. Liebert Cassidy & Whitmore has a current agreement with the District which was executed in October of 2007 to provide the District with consulting, representational and legal services including representation in negotiations and administrative and court proceedings. Attached is the law firm's resume. PRIOR RELEVANT BOARD ACTION(S): None. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manger to engage the services of Richard Kreisler, of Liebert Cassidy & Whitmore to provide employment relations services for the District's Labor Negotiations with the Yorba Linda Water District's Employee Association. COMMITTEE RECOMMENDATION: The Personnel-Risk Management Committee concurs with staff's recommendation, which was presented to the Committee on April 1, 2009. LIEBERT CASSIDY . Firm Resume A PROFESSIONAL LAW CORPORATION 6033 West Century Blvd. 5701 North West Ave. 153 Townsend St. Suite 500 Fresno, CA 93711 Suite 520 Los Angeles, CA 90045 tel: 559.256.7800 San Francisco, CA 94107 tel: 310.981.2000 fax: 559.449.4535 tel: 415.512.3000 fax: 310.337.0837 fax: 415.856.0306 www.lcwlegal.com FIRM RESUME With offices in Los Angeles, Fresno and San Francisco, Lieberl Cassidy Whitmore provides services for a majority ofcities, counties and community colleges, as well as a substantial number ofschool districts, in California. The Firm is a full service employment and labor relations law firm providing expert consultation, representation, litigation, negotiation and investigation services to public agency management. In addition, the Firm produces a wide-range ofdynamic management training workshops and seminars on employment and labor relations issues to cities, counties, courts, special districts, schools, community college districts, and state universities. The Firm also provides services for community college districts, school districts, and private schools in business, construction, and facilities issues, both transactional and litigation. Negotiation Services Members of Liebert Cassidy Whitmore have successfully negotiated thousands of labor agreements for cities, counties, special districts and school and college districts. The agreements negotiated on behalf of these and other public employers, depending upon the particular philosophy and circumstances of a given agency, have run the gamut from brief understandings limited to benefit items to comprehensive labor agreements that define substantially all terms of employment. These comprehensive MOU's and collective bargaining agreements, through management rights, waivers and "zipper" type clauses, provide protection to management's ability to manage the agency. Members of the Firm are experienced in collaborative/interest based bargaining techniques as well as the more traditional labor negotiations approach. In addition to conducting negotiations for public employers, we continually work with public agencies that employ staff personnel to do their own negotiations. This arrangement has involved all aspects of consultation and related services, including writing initial bargaining proposals, reviewing counter- proposals, providing training and advice concerning negotiating strategies, and giving general advice when particular problems arise. Negotiating Impasses Services provided by members of the Firm have included direct participation, as well as general consultation in hundreds of mediation, fact-finding and arbitration proceedings. Strikes We have worked with many public sector clients in contingency planning forjob actions and in assisting them in strike-related activities. A Firm partner co-authored the "Management Strike Handbook," published by the International Personnel Management Association. Contract Administration and Grievance Handling The Firm has extensive experience in the area of grievance administration, ranging from giving advice at the administrative levels of the grievance process through litigating arbitration cases. Public Employment Relations Board Representation Members of the Firm have had many years of experience representing our clients in all phases of PERB proceedings, from consultation and responses to Unfair Labor Practice claims through PERB hearings and court appeals. A Firm partner served as counsel to the PERB Board's first Chairperson as well as serving as a PERB Administrative Law Judge. Another Firm partner served as a representative of the League of California Cities and the California Association of Counties in the legislative and LIEBERT CASSIDY WHITMORE FIRM RESUME administrative proceedings in connection with the PERB assuming jurisdiction over local agency employment relations. Our Approach to Negotiations > We work with and for the chief administrative official and his/her designated staff, and through him/ her with the Governing Body. We provide professional advice to assist the agency in determining its policy goals and objectives, which then become our goals and objectives; we see our job as applying our best efforts and skills to achieving them. > We believe in carefully organizing for negotiations, with goals and objectives kept well in mind. The negotiating process, we believe, consists of definable stages, from preparatory activities to the preliminary bargaining phases, "hard bargaining," and finally to agreement, impasse procedure, or work action. Each stage of the process requires an organized approach in order to maximize the chances of attaining bargaining objectives. a Our philosophy is not one of "union busting," but rather one of using a professional approach that seeks to achieve and maintain professional relationships, notwithstanding the adversarial aspects of the process. > We call to the attention of our clients that in return for agreeing to competitive benefit adjustments, it is reasonable for them to seek to contractually protect and maximize their management discretion to set standards of service and retain the prerogative to direct, assign, and stimulate employees to meet them. > We see the conclusion of negotiations as the beginning for establishing a constructive employer- employee organization-employee relations structure, which requires management training and ongoing involvement with agency management on our part. > While one member of the Firm handles a particular negotiating unit, at least one other designated attorney will be kept advised so that at all times the client has access to an attorney who is familiar with the status of the situation in each bargaining unit. Local Agency Employment Law Services We have worked closely with city attorneys, county counsels and general counsels, and have directly handled the representation for our local agency clients in literally hundreds of legal proceedings before civil service and personnel boards, arbitrators, the Public Employment Relations Board (PERB), state and federal EEO and other administrative agencies and the courts. These proceedings have covered the full spectrum of employer-employee relations matters, including such matters as civil service appeals, recognition and unit representation matters, unfair labor practice charges and related negotiating issues, employment discrimination matters, pension and disability issues, wrongful termination and Fair Labor Standards Act claims. Litigation Services Liebert Cassidy Whitmore attorneys strive to prevent employment disputes before they arise through LIEBERT CASSIDY WHITMORE FIRM RESUME education, training, audits, advice, planning, and cooperative employer-employee relations. When employment disputes do arise, our defense efforts are designed to meet each client's particular needs, goals, and budget. We specialize in representing public agencies in the defense of legal actions and enjoy the reputation of a results-oriented, successful litigation firm. We are experts in all phases of litigation in both federal and state courts: pleading, discovery, motion practice, alternative dispute resolution, settlement and trial. Our particular expertise is the defense of public agencies in actions brought by employees, former employees, applicants or other individuals alleging employment related claims such as violations of the California Fair Employment and Housing Act; Federal Civil Rights Acts (e.g., section 1981 and 1983 Claims); Americans with Disabilities Act; Age Discrimination in Employment Act; Fair Labor Standards Act; Meyers-Milias-Brown Act; Family and Medical Care Leave Acts; wrongful termination; and violation of state and/or federal constitutional rights such as due process, First Amendment and privacy rights. The firm's attorneys have handled a number of cases that have culminated in jury trials resulting in defense verdicts. These cases included claims for violation of constitutional rights; violation of the Age Discrimination in Employment Act; violation of the disability provisions contained in the Fair Employment and Housing Act; reverse discrimination; sex discrimination; sexual harassment; national origin discrimination; age discrimination; intentional infliction of emotional distress; violation of public policy; First Amendment and retaliation claims under both state and federal laws. Audit Services By virtue of the public agency background of members of the Firm, we have extensive experience in developing local agency Employer-Employee Relations Resolutions/Ordinances and personnel policies and procedures. A Finn partner developed the League of California Cities Sample Employer-Employee Relations and Personnel Policies and Procedures Ordinances. The Firm does extensive work in reviewing agency civil service/personnel policies and rules to assure continuing consistency with the ever-changing dictates of EEO and affirmative action, labor relations and other laws and administrative regulations. Members of the Firm conduct comprehensive audits for public agencies regarding their compliance with the Fair Labor Standards Act (FLSA). Additionally, the Firm publishes a comprehensive guide, "Fair Labor Standards Act: A Public Sector Compliance Guide," that serves as a reference to agencies across the country. To learn more about the FLSA Audits, log onto www.FLSAaudit.com where you can find detailed information about what an FLSA audit entails. Investigations Practice Group The Finn's Investigation Practice Group specializes in investigating allegations of discrimination, harassment and other misconduct. Our investigative practice primarily serves private sector employers and public sector agencies that are not already firm clients. However, we also represent current clients on a case-by-case basis depending upon the specific facts and allegations at issue. Because of confidentiality issues, we do not identify those employers for whom we have conducted LIEBERT CASSIDY WHITMORE FIRM RESUME outside investigations. We have conducted investigations for organizations in the hospitality, legal and trade industries as well as public sector agencies. We continue to publish articles and present workshops on the topic of investigations. Our workshops identify the key components of a successful investigation including how and when to begin an investigation, who should conduct the investigation, how to maintain confidentiality, how to organize and execute an effective investigation, and how to evaluate the facts and take corrective action once the investigation is completed. Retirement Practice The firm provides advice and counsel to public agencies regarding the laws and regulations of public employee retirement plans, including PERS, the County 1937 Retirement Act, and local agency retirement laws, as well as on retiree health insurance issues. The firm defends public agencies that are sued regarding retirement issues, defends public agencies and their employees and retired employees in retirement in cases where PERS acts to reduce benefits, and represents public agencies in disability and industrial disability retirement appeals. The firm helps agencies defend against PERS and other retirement board audits and, where necessary, files administrative appeals to challenge any negative audit findings. Members of the firm advise on all issues related to PERS, 1937 Act and STRS benefits. For example, we provide advice and counsel to clients regarding retirement formulas, the rules on reportable compensation, PERS and 37 Act contract amendments, disability retirement procedures and obligations, service credit, GASB issues, unfunded liabilities, retiree health benefits, vested rights and elected official benefits. Retirement issues have major impacts on agency labor relations. The firm provides strategy and guidance during negotiations in regards to retirement benefits, including acting as chief negotiator. We review agency policies and collective bargaining agreements/memoranda of understanding to ensure that they comply with applicable law. We represent agencies in retirement related administrative appeals and litigation, and have assisted agencies defend claims of underfunding as well as fiduciary obligations. Law Enforcement Representation On a daily basis, the Firm provides advice, counsel and representation to police chiefs, sheriffs, and their respective executives in a variety of issues that impact professional law enforcement administrators. A number of Firm attorneys have had the privilege of representing law enforcement professionals for thirty or more years. Having proudly earned the trust and respect of several generations of police chiefs, the Firm accommodates the emergency nature of law enforcement related employee relations by being readily accessible to assist in addressing issues of administrative leave, administrative/criminal investigations, and investigative methodology and strategic planning. With its immense law enforcement related experience, the Firm brings both legal acumen and practical knowledge to its client interactions. Finally, the Firm may well be unique in the state, in having a senior partner who has not only represented law enforcement for approximately thirty years, but who had fifteen years of experience in representing police associations. This unique insiders knowledge is invaluable in effectively addressing issues confronting management. The Firm is extremely well situated to become LIEBERT CASSIDY WHITMORE FIRM RESUME your daily counsel regarding these sensitive matters. Internal Affairs Investigations Our attorneys are experts in the Public Safety Officers Procedural Bill of Rights and are always available to provide timely advice to your internal affairs investigators. We routinely review investigations in order to assess the strengths and weaknesses of investigations and any discipline which may result. Our lawyers have obtained important appellate court victories including the following recent cases: Upland Police Officers Association v. 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Members of the Firm make presentations on employment relations law issues to a variety of professional organizations including: • Association of California Community • California State Association of Counties College Administrators • California State Sheriffs Association • Association of California School . 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I~Z AGENDA REPORT Board Meeting Date: April 9, 2009 'Pclr344- etwiel k/9 APPROVED BY THE BOARD OF DIRECTORS To: Board of Directors OFTHE yORBA UNDAWATER DISTRICT From: Ken Vecchiarelli, General Manager APR -9 2009 Staff Contact: Pat Grady, Assistant General Manager BY AQ/ Cindy Botts, Management Analyst /)log 1V5?1y7 5-0 Reviewed by General Counsel: Yes Budgeted: N/A Total Budget: Funding Source: N/A CEQA Account No: Job No: Compliance: N/A Estimated Costs: Dept: Admin Subject: Draft Water Conservation Ordinance - Second Revision & Setting Public Hearing to Receive Public Testimony SUMMARY: At the meeting held on March 26, 2009, the Board of Directors reviewed and discussed a first draft of the water conservation ordinance. Based on comments received from the Board, legal counsel, and the Executive-Administrative-Organizational Committee, a second draft has been developed for additional Board review and discussion. This ordinance has been developed in response to the water supply situation in California and is recommended to become effective July 1, 2009. The Metropolitan Water District of Southern California (MWD) supports its retail agencies taking this proactive step for continued access to rebate program funds. DISCUSSION: The ordinance was drafted using a sample ordinance provided by MWD, and the majority of this ordinance is suggested, including some of the permanent conservation requirements and the penalties and violations section, which has been added since the last Board meeting on March 26, 2009. The ordinance contains a combination of water use restrictions and prohibitions derived from the following sources: • MWD's sample ordinance - These items are required for compliance with MWD's standards • Best Management Practice (BMP) 13: Water Waste Compliance, as established by the California Department of Water Resources through the California Urban Water Conservation Council (CUWCC). Including these BMPs within the ordinance is highly recommended by the Municipal Water District of Orange County (MWDOC) • Suggestions put forth by Staff The following is a synopsis of the permanent restrictions and requirements related to water waste within the ordinance. These would be in effect year-round and regardless of the current water situation, unless overridden by stronger restrictions within the ordinance. • Irrigation of landscaping is prohibited between the hours of 9:00 a.m. and 6:00 p.m. • Irrigation of landscaping is limited to fifteen (15) minutes per station per day. • Irrigation of landscaping is prohibited during rain or when rain is forecasted for that day. • Runoff during irrigation of landscaping onto hard surfaces is prohibited. • Washing down of hard surfaces is prohibited. • All leaks and breaks are required to be fixed within three (3) days of notice. • Use of re-circulated water is required for all fountains and water features. • Washing of vehicles is prohibited unless with a bucket or similar container and sponge, or with a hose with a self-closing device. • Drinking water is to be served at restaurants upon request only. • Hotels and motels must provide customers the option to decline daily linen changes. • Installation of single pass cooling systems is prohibited in buildings requesting new water service. • Installation of non-re-circulating water systems is prohibited in new commercial laundry systems. • Restaurants are prohibited from using non-water conserving dish wash spray valves. • All new commercial conveyor car wash systems must have installed operational re- circulating water systems. In addition to permanent water conservation requirements, the ordinance also details four water supply shortage stages that implement further restrictions that the District can apply based on MWD's water supply condition levels. Currently, the stages of the ordinance are designed to trigger accordingly with MWD, without requiring prior YLWD Board approval. Language has also been included in the ordinance to have it prevail in the event a conflict exists with other District documents, e.g. the District's 2005 Urban Water Management Plan. The following is a summary of each of the four YLWD water supply shortage stages, their MWD equivalent level and the corresponding restrictions: YLWD Stage 1 Water Supply Shortage (Water use reduction goal: 10%) Trigger: MWD "Condition 2: Water Supply Alert" level Restrictions: ■ Irrigation is limited to three (3) days per week, in which odd numbered addresses could irrigate on Monday, Wednesday and Friday, and even numbered addresses could irrigate Tuesday, Thursday and Saturday. No irrigation could take place on Sunday. YLWD Stage 2 Water Supply Shortage (Water use reduction goal: 20%): Trigger: MWD "Condition 3: Water Supply Allocation- Restrictions from 5% through 15%" Restrictions: • Irrigation is limited to three (3) days per week in which odd numbered addresses could irrigate on Monday, Wednesday and Friday, and even numbered addresses would irrigate Tuesday, Thursday and Saturday. No irrigation would be allowed on Sunday. In the months of November through March, irrigation is limited to two (2) days per week, in which odd numbered addresses could irrigate Monday and Friday, and even numbered addresses could irrigate Tuesday and Saturday. • All leaks and breaks are required to be fixed within two (2) days of notice. YLWD Stage 3 Water Supply Shortage (Water use reduction goal: 30%): Trigger: MWD "Condition 3: Water Supply Allocation- Restrictions from 20% through 35%" Restrictions: • Irrigation is to two (2) days per week, in which odd numbered addresses could irrigate Monday and Friday, and even numbered addresses could irrigate Tuesday and Saturday. In the months of November through March, irrigation is limited to one (1) day per week, in which odd numbered addresses could irrigate Monday and even numbered addresses could irrigate Saturday. • Re-filling of more than one (1) foot and initial filling of residential swimming pools or outdoor spas is prohibited. YLWD Stage 4 Water Supply Shortage-Emergency Condition (Water use reduction goal: 40% or greater): Trigger: MWD "Condition 3: Water Supply Allocation- Restrictions of 40% and greater" Restrictions: • Irrigation of landscaping year-round is prohibited, with the exception of use of a hand-held bucket and maintenance for fire-protection, soil erosion or environmental mitigation projects. • All leaks and breaks are required to be fixed within one (1) day of notice. • No new water service will be provided, except to protect the public health, safety and welfare. Should a customer need a waiver from these restrictions due to hardship, a waiver process has been established within the ordinance. In addition, an appeals process related to the fines and violations is also included. In addition to the ordinance, the exhibits completed to date have been attached. Staff continues to modify and create the remaining outstanding exhibits. A public hearing to solicit formal comments from the community is recommended for the May 14, 2009 Board meeting. Following the public hearing, the Board may adopt the ordinance at that meeting. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors reviewed and discussed the first draft of the ordinance at the March 26, 2009 meeting. STAFF RECOMENDATION: 1. That the Board of Directors review, discuss, and provide additional comments to Staff. 2. That the Board of Directors set a public hearing for May 14, 2009 to solicit feedback and testimony from the public. COMMITTEE RECOMENDATION: The first and second draft of the ordinance was reviewed by the Executive-Ad min istrative- Organizational Committee on March 17, 2009 and April 8, 2009, respectively. Additionally, the second draft of the ordinance was reviewed by the Citizen's Advisory Committee at the April 6, 2009 meeting. I ORDINANCE NO. XX-XX ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT INSTITUTING WATER CONSERVATION MEASURES, PROHIBITION AGAINST WATER WASTE AND WATER SHORTAGE SUPPLY CONTINGENCIES WHEREAS, California has had one of the driest years on record, with eight of the past ten years meeting drought-level conditions; and WHEREAS, storage in the Colorado River system has dropped to fifty-five percent of total capacity; and WHEREAS, the flow of the California Aqueduct has been restricted by up to thirty- five percent, due to a federal court ruling to protect the Delta Smelt; and WHEREAS, the Governor of the State of California proclaimed a statewide drought and issued a State of Emergency to address the California water shortage, requesting that all water users reduce their water use by twenty (20) percent and asking all water agencies to assist their customers in reducing their use through a water conservation program; and WHEREAS, the Orange County Grand Jury investigated solutions into the looming water crisis in California and recommends in its report for local water agencies a goal of ten-percent voluntary conservation, a focus on outdoor usage, the development of monthly allocations for each customer and the implementation of conservation-inducing pricing; and WHEREAS, the Metropolitan Water District of Southern California is currently in a "Water Supply Alert" phase and urges implementation of "extraordinary conservation measures", such as conservation pricing, outdoor water restrictions, prohibition of runoff, enhanced rebates, and coordination with the Municipal Water District of Orange County to develop a unified regional message and to accelerate media and outreach campaigns; and WHEREAS, the Metropolitan Water District of Southern California is requiring ordinances from all agencies that receive rebate incentives detailing water conservation measures, prohibitions against water waste and associated penalties; and WHEREAS, the Municipal Water District of Orange County, the agency responsible for providing the Yorba Linda Water District with imported water through the Metropolitan Water District, has enacted a resolution asking every Orange County resident and business to immediately reduce their water usage by ten-percent; and WHEREAS, the Orange County Water District, the agency responsible for supervising the Orange County Groundwater Basin, has implemented the "OC Water Hero" public education campaign, urging customers to conserve twenty gallons of water per person, per day; and WHEREAS, the Yorba Linda Water District has broad authority to enact water conservation rules under the laws of the State of California; and WHEREAS, the adoption of water conservation measures would assist in avoiding or minimizing the effects of water supply restrictions and a water shortage in Southern California. NOW, THEREFORE, BE IT ORDAINED, under the authority of Water Code 350 and 31028, that the Board of Directors of the Yorba Linda Water District, does hereby FIND AND DETERMINE that matters set forth in the above recitals are true and correct, and that the Board of Directors of the Yorba Linda Water District therefore DECLARES the existence of an emergency caused by drought or other threatened or existing water shortage; and THEREFORE, BE IT ORDAINED, under the authority of Water Code 350 and 31028, that the Board of Directors of the Yorba Linda Water District, does hereby FIND, DETERMINE AND DECLARE that water conservation measures and restriction on the use of District water are necessary and appropriate to protect the health and safety of water users within the Yorba Linda Water District; and THEREFORE, BE IT ORDAINED, under authority of Water Code 353 and 31026, that the Board of Directors of the Yorba Linda Water District, based upon the findings set forth herein, does hereby PROHIBIT the wastage of District water and does hereby ORDER that the following water conservation measures and water use restrictions are necessary and appropriate to prevent the waste of District water and to protect the health and safety of water users with the Yorba Linda Water District. These measures will be effective as of July 1, 2009. SECTION 1: Permanent Water Conservation Measures and Prohibitions Against Water Waste. A. The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. 1. Limits on Watering Hours Watering or irrigation of lawn, landscape or other vegetated area is prohibited between the hours of 9:00 a.m. and 6:00 p.m. on any day, or between hours later designated by the District, except for the express purpose of adjusting or repairing an irrigation system. 2. Limit on Waterina Duration Watering or irrigating of lawn, landscape or other vegetated area is limited to fifteen (15) minutes watering per station per day. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 3. No Watering During Rain Watering or irrigating of lawn, landscape or other vegetated area is prohibited when it is currently raining. 4. No Excessive Water Flow or Runoff Water or irrigation of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. 5. No Washing Down Hard or Paved Surfaces Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alley, is prohibited except when necessary to alleviate safety or sanitary hazards and then only by use of a hand-held bucket or similar container, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom. 6. Obligation to Fix Leaks. Breaks, or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system, including that of irrigation systems, beyond a reasonable period of time after such escape of water should have been discovered and corrected, and in no event more than three (3) days of receiving notice from the District, is prohibited. 7. Re-circulating Water Required for Water Fountains and Decorative Water Features Operating a water fountain or other decorative water feature that does not use re-circulated water is prohibited. 8. Limits on Washing Vehicles Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility. 9. Drinking Water Served Uoon Request Only Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. 10.Commercial Lodging Establishments Must Provide Guests the Option to Decline Daily Linen Services Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. 11. No Installation of Single Pass Cooling Systems Installation of single pass cooling systems is prohibited in buildings requesting new water service. 12. No Installation of Non-re-circulating water system in Commercial Laundry Systems Installation of non-re-circulating water systems is prohibited in new commercial laundry systems. 13. Restaurants Required to Use Water Conserving Dish Wash Spray Valves Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves. 14. Commercial Car Wash Systems Effective on July 1, 2009, all new commercial conveyor car wash systems must have installed operational re-circulating water systems, or must have secured a waiver of this requirement from the District. SECTION 2: Stage 1 - Water Supply Shortage (Water Use Reduction Goal -10%) A. A Stage 1 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to "Condition 2: Water Supply Alert". B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 1 Water Supply Shortage. 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area is limited to three (3) days per week, in which odd numbered addresses are permitted to irrigate on Monday, Wednesday and Friday, and even numbered addresses are permitted to irrigate Tuesday, Thursday and Saturday. No irrigation is permitted on Sunday. This subsection does not apply to any landscape irrigation system that exclusively use very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. SECTION 3: Stage 2 - Water Supply Shortage (Water Use Reduction Goal- 20%) A. A Stage 2 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to "Condition 3: Water Supply Allocation of 5% through 15%". B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 2 Water Supply Shortage: 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area in the months of April through October, is limited to three (3) days per week in which odd numbered addresses are permitted to irrigate on Monday, Wednesday and Friday, and even numbered addresses are permitted to irrigate on Tuesday, Thursday and Saturday. No irrigation is permitted on Sunday. In the months of November through March, irrigation is limited to two (2) days per week, in which odd numbered addresses are permitted to irrigate on Monday and Friday, and even numbered addresses are permitted to irrigate on Tuesday and Saturday. This subsection does not apply to any landscape irrigation system that exclusively uses very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 2. Obligation to Fix Leaks Breaks or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should reasonably have been discovered and corrected and in no event more than two (2) days of receiving notice from the District, is prohibited. SECTION 4: Stage 3 - Water Supply Shortage (Water Use Reduction Goal- 30%) i A. A Stage 3 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to "Condition 3: Water Supply Allocation of 20% through 35%". B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 3 Water Supply Shortage: I 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area in the months of April through October is limited to two (2) days per week, in which odd numbered addresses are permitted to irrigate on Monday and Friday, and even numbered addresses are permitted to irrigate on Tuesday and Saturday. In the months of November through March, irrigation is limited to one (1) day per week, in which odd numbered addresses are permitted to irrigate on Monday and even numbered addresses are permitted to irrigate on Saturday. This subsection does not apply to landscape irrigation systems that exclusively use very low- flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 2. Limits on Filling Swimming Pools & Sgas Re-filling of more than one foot and initial filling of residential swimming pools or outdoor spas is prohibited. I SECTION 5: Stage 4 -Water Supply Shortage - Emergency Condition (Water Use Reduction Goal- 40%a or Greater) A. A Stage 4 Water Supply Shortage is also referred to as an "emergency" condition. A Stage 4 Water Supply Shortage exists when the District declares, in its sole discretion, a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to "Condition 3: Water Supply Allocation of 40% or greater'. B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 4 Water Supply Shortage: 1. No Waterinq or Irrigating Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use: a. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device; b. Maintenance of existing landscape necessary for fire protection; c. Maintenance of existing landscape for soil erosion control; d. Actively irrigated environmental mitigation projects. 2. Obligation to Fix Leaks. Breaks, or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should reasonably have been discovered and corrected and in no event more than one (1) day of receiving notice from the District, is prohibited. 3. No New Water Service Upon declaration of a Stage 4 Water Supply Shortage Emergency condition, no new water service will be provided and no new temporary meters or permanent meters will be provided, except as is necessary to protect the public health, safety, and welfare. SECTION 6: Hardship Variance A. If, due to unique circumstances, a specific requirement of this ordinance would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a variance to the requirements as provided in this section. 1. Written Finding The variance may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property. 2. Application Application for a variance must be on a form prescribed by the Yorba Linda Water District (Exhibit A) and accompanied by a $25 non- refundable processing fee. 3. Supporting Documentation The application must be accompanied by photographs, maps, drawings, and other information showing why the request should be granted, including a written statement of the applicant. 4. Required Findings for Variance An application for a variance will be denied unless the District finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the District, all of the following: a. That the variance does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; b. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; c. That the authorizing of such variance will not be of substantial detriment to adjacent properties and will not be detrimental to the public interest; and d. That the condition or situation of the subject property or the intended use of the property for which the variance is sought is not common, recurrent or general in nature. 5. Approval Authority The General Manager's Designee shall promptly act upon any completed application no later than seven (7) calendar days after submittal and may approve, conditionally approve, or deny the variance. The applicant requesting the variance shall be promptly notified in writing of any action taken (Exhibit J). Unless specified otherwise at the time a variance is approved, the variance will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the General Manager's Designee can be appealed to the General Manager by written notice within seven (7) calendar days of the date of the denied waiver. The General Manager shall act upon an appeal within thirty (30) calendar days of the District's receipt of the applicant's appeal. The General Manager's decision shall be final. SECTION 7: Penalties and Violations A. Violations of any provisions of the ordinance herein must be personally observed by members of the District staff able to personally attest to them. The fines for such violations will be collected on the water bill. Failure to pay a fine amount will be treated as nonpayment of the water bill and water service may be terminated as a result. The fines for such violations are as follows: 1. First Violation The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also mail a Notice of First Violation (Exhibit C) to the current billing address. 2. Second Violation A second violation within twelve (12) calendar months of the first violation is punishable by a penalty not to exceed one hundred dollars ($100). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Second Violation (Exhibit D) to the current billing address. 3. Third Violation A third violation within twelve (12) calendar months of the first or second violation is punishable by a penalty not to exceed two hundred and fifty dollars ($250). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver `a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Third Violation (Exhibit E) to the current billing address. 4. Fourth and Subsequent Violations A fourth and any subsequent violation within (12) calendar months of the first or any subsequent violation is punishable by a fine not to exceed five hundred dollars ($500). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Fourth and Subsequent Violations (Exhibit F) to the current billing address. 5. Water Flow Restrictor Device In addition to any fines, the District, at the discretion of the General Manager, may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services. The restrictor will be installed by the District forty-eight (48) hours after a Notice of Intent to Install Flow Restrictor (Exhibit G) is sent to the current billing address. The restrictor will remain installed for a minimum of forty-eight (48) hours or such time as the General Manager, in his discretion, should decide. 6. Water Service Discontinuation In addition to any fines and the installation of a water flow restrictor, the District, at the discretion of the General Manager, may disconnect a customer's water service for willful violations of mandatory restrictions listed herein. The discontinuation of service will be imposed by the District forty-eight (48) hours after a Notice of Intent to Discontinue Service (Exhibit H) is sent to the current billing address, and will be imposed in the same process as disconnection pertaining to unpaid bills. A person or entity that violates this ordinance is responsible for payment of the District's charges for installing and/or removing any flow restricting device and for disconnection and/or reconnecting service per the District's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the District before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates. B. In the event that the individual responsible for the payment of the water bill is not the violator of the ordinance, notification of penalties will go to both the violation address and the billing address on file, with any and all fines and associated charges. Payment of the bill will be the final responsibility of the individual named on the account. SECTION 8: Relief from Enforcement A. The District will issue a Notice of Violation (Exhibits C-F) by mail or personal delivery at least fourteen(14) calendar days before taking enforcement action, with the exception of fourth and subsequent violations. Such notice will describe the violation and the date by which corrective action must be taken. A customer wishing to protest the Notice of Violation must first seek administrative review by the District by filing a written Notice of Review (Exhibit 1) with the District no later than fourteen (14) days from the date of notice. Any Notice of Violation not timely protested will be final. Upon receipt of a timely protest, the protest will be fully reviewed by the General Manager, with a Notice of Decision (Exhibit J) sent to the customer by mail within thirty (30) days of appeal. The District will only grant relief if the violation claimed is not in violation of the provisions of the Ordinance, the claim of violation is factually incorrect, or the District finds in its discretion that a violation did not occur. Should the District deny the customer relief, the customer may appeal the denial of the protest by filing a Form SC 100 with the Small Claims division of the Superior Court within 25 days of the District's decision to deny the protest. (Gov. Code, § 53069.4 (b)(1); Cal. Code of Civ. Pro., § 1013 (a).) Pending receipt of a written appeal, and appeal to the Superior Court, the District may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water Stage condition. However, the District will not terminate water service while an appeal or hearing is still pending. SECTION 9: This Ordinance is Controlling To the extent that there is any inconsistency between this ordinance and the Urban Water Management Plan, any previous ordinances, resolutions, or other planning documents, or any other documents pertaining to water conservation or water use prohibitions, this ordinance shall prevail. PASSED AND ADOPTED this XX`h day of XXXX, 2009 by the following called vote: AYES: NOES: ABSENT: ABSTAIN John W. Summerfield, President ATTEST: Kenneth Vecchiarelli, Secretary Yorba Linda Water District Exhibit "A" Conservation Ordinance Waiver Application This Application is pursuant to Ordinance XX-XX Name Date (Last) (First) Address for Waiver (Street) (City) (Zip) Restriction Waiver is Requested For Pursuant to Ordinance XX-XX, Section 6, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship to a person using water or to property upon which water is used that is disproportionate to the impacts to water users generally or to similar property or classes of water users to the individual or property at the above address a waiver may be granted. The waiver may be granted, conditionally granted or denied based upon any included support documents and the paid non-refundable Application Processing Fee of $25. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Further, pursuant to Ordinance XX-XX, Section 6, the Management Analyst will act upon any completed application no later than seven (7) days after receipt of the waiver application with a Notice of Decision sent to the address requesting the waiver. The decision of the Management Analyst can be appealed to the General Manager, with the completion of another application within seven (7) days of the date of denied waiver.. The decision of the General Manager can be appealed to the Board of Directors by written notice within seven (7) days of the date of denied waiver. Upon receipt of the applicant's third application, the applicant will be notified as to the date of their appeal before the Board of Directors. 1 understand that any information provided on this form or in supporting documentation that is found to be urillfully falsified shall result in an automatic denial of the application. Signature FOR OFFICE USE ONLY Application Fee Paid Approved First Application Conditionally Approved Second Application Denied Third Application Exhibit "i3" , Yorba Linda Water District As the water supply situation worsens, conserva- tion and water use efficiency remain key factors. Please help to do your part. We were in the area and wanted to make you aware of the following restriction: ❑ Watering between 8am and 6pm ❑ Watering more than 15 min per station per day ' , ❑ Excessive Water Flow/Runoff ❑ Washing down of hard surfaces ❑ Watering when it is raining ❑ Other Need Help? Check out the other side of this hanger for information on Rebates & Conservation Tips Issued by YLWD Employee No. Pursuant to Ordinance XX-XX, this Doorhanger serves as a ; Notice of Violation , i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - 1 I / 1 / I / I I / 1 I 1 I 1 / 1 / 1 1 I \I , 1 1 I I 1 ~ I I 1 1 1 \ / 1 1 ~ / I 1 _ . 1 I 1 1 I , I I Yorba Linda Water District 1 , 1 ~ Please Do YOUR Part To I ~ Help Conserve Water! I I I I L CONSERVATION TINS 46 Limit watering to 15 min. per station per day. I I 1 16 Refrain from washing down drive-ways, sidewalks or patios. 16 Adjust sprinkers to eliminate overspray and runoff. ; Step on your grass to check if it needs to ; be watered. If it pops back up, it doesn't. ; 46 Promptly repair all leaks, including those within your sprinkler system. I 1 REBATES Both Indoor & Outdoor Rebates are available! Online rebate forms can be found at ; www.socalwatersmart.com & ' www.ylwd.com 1 1 1 ~ 1 ~ I ~ More conservation tips can be found at I www.ylwd.com & ' 714-701-3000 ; ; Yorba Linda Water District Exhibit "C" Notice of First Violation This Notice is issued pursuant to Ordinance XX-XX Violation Case No. Date Issued Location of Violation Re: Pursuant to Ordinance XX-XX, First Violation, Case No. Dear Customer, We wanted to bring to your attention Ordinance XX-XX, passed by the Yorba Linda Water District Board of Directors on . A District employee was in your area and noticed an inadvertent violation on the following date, at the following address: This ordinance, like many similar throughout California, was passed in reaction to the worsening water crisis. California has had one of the driest years on record, with eight of the past ten years meeting drought-level conditions and the Governor of the State of California proclaimed a state-wide drought and issued a State of Emergency, requesting that all water users reduce their water use by twenty (20) percent. We, at the Yorba Linda Water District, are committed to assisting our customers meet this request by focusing on the reduction of water waste and the efficiency of water that is used. Rebates for both indoor and outdoor products and conservation tips are available through the District website at www.vlwd.com. Please review the included Ordinance and feel free to contact us if you have any questions about its implementation. Should you require an exemption from these restrictions, due to unique circumstances which create a hardship, a request for a Hardship Waiver can be submitted to the District. The Yorba Linda Water District Exhibit "C" Hardship Waiver Form is available at the District Administrative Offices and through the District website. Upon submittal of the request for a Hardship Waiver to the District, the District staff will review the request and either approve or deny the waiver. Thank you, in advance, for your commitment to water use efficiency. Sincerely, Cindy Botts Management Analyst Yorba Linda Water District Exhibit "C" Explanation of Violation I. Violations The following violations of District Ordinance XX-XX have been witnessed as occurring on said property by a District employee: II. Corrective Actions The following corrective action is required: III. Date for Compliance /Penalties Should you not comply with Ordinance No. XX-XX by limiting your watering or fixing any leaks or other malfunctions you may be given Notice of a Second Violation which carries a penalty in the amount of one hundred ($100) dollars. This penalty will appear on your water bill after fourteen (14) days, if not appealed. The account is subject to disconnect if any and all penalties are not paid in a timely manner. Issuing Party: Cindy Botts, Management Analyst Yorba Linda Water District Exhibit "D" Notice of Second Violation This Notice is issued pursuant to Ordinance XX-XX Violation Case No. Date Issued Location of Violation 1. Violations The following violations of District Ordinance XX-XX have been witnessed as occurring on said property by a District employee: II. Corrective Actions The following corrective action is required: III. Date for Compliance/ Penalties You have been assessed a penalty for the above violations in the amount of one hundred ($100) dollars. This penalty will appear on your water bill after fourteen (14) days, if not appealed. The account is subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required immediately. Future violations will incur penalties pursuant to Ordinance No. XX-XX, Section . A copy of the full Ordinance is attached. This order shall become final unless you file a protest with the District no later than the close of business fourteen (14) days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative offices and online at www.ylwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: Yorba Linda Water District Exhibit "E" Notice of Third Violation This Notice is issued pursuant to Ordinance XX-XX Violation Case No. Date Issued Location of Violation 1. Violations The following violations of District Ordinance XX-XX have been witnessed as occurring on said property by a District employee: II. Corrective Actions The following corrective action is required: III. Date for Compliance/ Penalties You have been assessed a penalty for the above violations in the amount of two hundred and fifty ($250) dollars. This penalty will appear on your water bill after twenty (20) days, if not appealed. The account is subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required immediately. Future violations will incur penalties pursuant to Ordinance No. XX-XX, Section . A copy of the full Ordinance is attached. Due to unique circumstances, should you require an exemption from these restrictions, a Hardship Waiver can be submitted to the District, and is available at the District Administrative Offices and online at www.ylwd.com. This order shall become final unless a Notice of Appeal is received by the District no later than the close of business nineteen (19) days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative offices and online at www.ylwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: Yorba Linda Water District EXHIBIT "F" Notice of Fourth and Subsequent Violation This Notice is issued pursuant to Ordinance XX-XX Violation Case No. Date Issued Location of Violation I. Violations The following violations of District Ordinance XX-XX have been witnessed as occurring on said property by a District employee: II. Corrective Actions The following corrective action is required: III. Date for Compliance/ Penalties You have been assessed a penalty for the above violations in the amount of five hundred ($500) dollars. This penalty will appear on your water bill after twenty (20) days, if not appealed. In addition to the penalty, the District may install a water flow restrictor device (48/48 Program) and/or may disconnect service for willful violations, pursuant to Ordinance XX-XX. The installation of a restrictor and/or the disconnection of service may become effective within forty-eight (48) hours of the date of this notice. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required immediately. Future violations will incur penalties pursuant to Ordinance No. XX-XX, Section . A copy of the full Ordinance is attached. Due to unique circumstances, should you require an exemption from these restrictions, a Hardship Waiver can be submitted to the District, and is available at the District Administrative Offices and online at www.vlwd.com. This order shall become final unless a Notice of Appeal is received by the District no later than the close of business nineteen (19) days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative Offices and online at www.ylwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: w"m Yorba Linda Water District Exhibit "H" April 3, 2009 Notice of Intent to Disconnect Service This Notice is issued pursuant to Ordinance XX-XX Violation Case No. Date Issued Location of Violation This notice is in regards to the receipt of a Fourth or Subsequent Violation (Exhibit "E"). Pursuant to Ordinance XX-XX, Section 7a, in addition to any fees assessed, the District may install a water flow restrictor device (48/48 Program) and/or may disconnect service for willful violations. The discontinuation of service will be imposed by the District forty-eight (48) hours after a Notice of Intent to Discontinue Service (Exhibit G) is sent to the current billing address. Further, pursuant to Ordinance XX-X)(, Section 7b, payment of the District's charges for installing and/or removing any flow restricting device and for disconnection and/or reconnecting service per the District's schedule of charges then in effect will be included on the customer's water bill. The charge for disconnection and/or reconnecting services must be paid to the District before the service is restored. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required immediately. Due to unique circumstances, should you require an exemption from these restrictions, a Hardship Waiver can be submitted to the District, and is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: Yorba Linda Water District Exhibit "I" i Notice of Review This notice is pursuant to Ordinance XX-XX Name Date (Last) (First) Address for Waiver/ Violation Appeal (Street) (City) (Zip) Violation No. (if applicable) Pursuant to Ordinance XX-X, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship, additional supporting documents are found, or the violation was made in error, an appeal can be submitted to the District no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. The waiver may be granted, conditionally granted or denied based upon any included support documents. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Further, pursuant to Ordinance XX-XX, Section 7, the Management Analyst will act upon any completed Notice of Appeal no later than fourteen (14) days after receipt of the appeal with a Notice of Decision sent to the address requesting the appeal. The decision of the Management Analyst can be appealed to the General Manager, with the completion of another application within seven (7) days of the date of denied waiver. The decision of the General Manager can be appealed to the Board of Directors by written notice within seven (7) days of the date of denied waiver. Upon receipt of the applicant's third application, the applicant will be notified as to the date of their appeal before the Board of Directors. 1 understand that any information provided on this form or in supporting documentation that is found to be willfully falsified shall result in an automatic denial of the appeal. Signature FOR OFFICE USE ONLY Approved First Application Conditionally Approved Second Application Denied Third Application Yorba Linda Water District Exhibit "J" Notice of Decision This notice is pursuant to Ordinance XX-XX Pursuant to Ordinance XX-X, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship, additional supporting documents are found, or the violation was made in error, an appeal can be submitted to the District no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. The waiver may be granted, conditionally granted or denied based upon any included support documents. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Further, pursuant to Ordinance XX-XX, Section 7, the Management Analyst will act upon any completed Notice of Appeal no later than fourteen (14) days after receipt of the appeal with a Notice of Decision sent to the address requesting the appeal. The decision of the Management Analyst can be appealed to the General Manager, with the completion of another application within seven (7) days of the date of denied waiver. The decision of the General Manager can be appealed to the Board of Directors by written notice within seven (7) days of the date of denied waiver. Upon receipt of the applicant's third application, the applicant will be notified as to the date of their appeal before the Board of Directors. 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MINUTES OF THE YORBA LINDA WATER DISTRICT EXECUTIVE-ADMINISTRATIVE-ORGANIZATIONAL COMMITTEE MEETING April 8, 2009 A meeting of the Executive-Administrative-Organizational Committee was called to order at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director John Summerfield, Chair Pat Grady, Assistant General Manager Director William R. Mills Cindy Botts, Management Analyst PUBLIC COMMENTS None. ACTION ITEMS 1. Draft Water Conservation Ordinance - Second Revision Staff presented a revised draft Water Conservation Ordinance to the Committee incorporating comments from the previous Committee meeting, the Board meeting held on March 26, 2009, and from legal counsel. Discussion took place regarding the exhibits, various alert stages, and the fines and penalties portion of the ordinance. The Committee supported Staffs recommendation in setting a public hearing for May 14, 2009 to receive comments and feedback from the community related to the ordinance. ADJOURNMENT The Committee adjourned at 4:50 p.m. The next meeting of the Executive- Administrative-Organizational Committee will be held April 21, 2009 at 4:00 p.m. 1 ITEM NO. MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING April 1, 2009 A meeting of the Personnel-Risk Management Committee was called to order by Director Armstrong at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870. COMMITTEE STAFF Director Paul Armstrong, Chair Ken Vecchiarelli, General Manager Director Ric Collett Pat Grady, Assistant General Manager Gina Knight, Human Resources Manager PUBLIC COMMENTS None. ACTION ITEMS 1. Damage Claim Filed by Michael Burns, 19926 Trotter Lane, Yorba Linda The Committee discussed the claim filed by Michael Burns. The committee will recommend to the Board of Directors to reject the claim at the April 9, 2009 Board Meeting. 2. Damage Claim Filed by loan Marc, 5052 Grandview Avenue, Yorba Linda The Committee discussed the claim filed on behalf of loan Marc. The committee will recommend to the Board of Directors to reject the claim at the April 9, 2009 Board Meeting. DISCUSSION ITEMS 3. Status of Personnel on Administrative Leave Staff gave an update on current activity. 4. Status of Risk Management Activities Staff gave an update on a recent claim - recommendation to follow pending conclusion of staff's investigation. CLOSED SESSION On a motion by Director Armstrong, seconded by Director Collett the Committee entered into Closed Session at 4:03 p.m. 5. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Gina Knight Pat Grady Employee Organizations: Yorba Linda Water District Employees Association 1 The Committee reconvened in Open Session at 4:30 p.m. There were no reportable items from Closed Session. ADJOURNMENT The Committee adjourned at 5:15 p.m. The next meeting of the Personnel-Risk Management Committee will be held May 11, 2009 at 4:00 p.m. 2 ITEM NO. /mod MINUTES OF THE YORBA LINDA WATER DISRICT PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING April 2, 2009 A meeting of the Planning-Engineering-Operations Committee was called to order by Director Mills at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870. COMMITTEE STAFF Director William R. Mills, Chair Ken Vecchiarelli, General Manager Director Paul R. Armstrong Steve Conklin, Engineering Manager Lee Cory, Operations Manager Ken Mendum, Operations Superintendent John DeCriscio, Chief Plant Operator ACTION ITEMS 1. Change Order No. 6 for the Lakeview Reservoir Project. Engineering Manager Steve Conklin reported that construction is approximately 95% complete; however, rain in February has delayed the site finish work in progress. It was determined that due to the rain an additional 21 calendar-days of work will be required. Following, discussion, the Committee supported recommending approval of Change Order No. 6 adding 21 calendar-days to the project completion schedule. 2. Professional Services Agreement Amendment for Environmental Compliance Services for the Highland Reservoir Replacement Project. Engineering Manager Conklin reported that as part of the Mitigated Negative Declaration for CEQA compliance for the project, the District was required to provide photographs and documentation of the 1911 reservoir before demolition, to comply with the conditions for Historic American Engineering Records. He indicated that there was a misunderstanding with the District's consultant for environmental document preparation, BonTerra Consulting, and this task was not included in their original work scope. Accordingly, it is requested that this task be added as a contract amendment with BonTerra. Following discussion, the Committee supported recommending that the Professional Services Agreement with BonTerra Consulting be amended in the amount of $15,700 for additional environmental services. Director Armstrong requested that a copy of the completed report on the history of the original Highland Reservoir be provided to the Yorba Linda Public Library, in addition to copies at the District. 3. Award of Geotechnical Engineering Services for the Hidden Hills Reservoir Project. Engineering Manager Conklin reported that the District solicited proposals from five qualified geotechnical engineering firms for materials testing and geotechnical site review during construction. Only two firms submitted proposals, but both of those have worked for the District and are well-qualified to 1 do the work. Accordingly, engineering staff evaluated those proposals in accordance with the District's proposal evaluation process. Following discussion, the Committee supported recommending that a Professional Services Agreement be authorized for Geotechnical Engineering Services with Leighton Consulting in the amount of $94,558. 4. Resolution Supporting the Santa Ana River Watershed Integrated Regional Water Management Plan. Engineering Manager Conklin reported that the Santa Ana Watershed Project Authority has released its draft Santa Ana River Watershed Integrated Regional Water Management Plan (IRWMP), and is requesting a resolution of support and a response letter for the work. The plan will be used to pursue grant funding through Prop 84. Following discussion, the Committee recommended that the Board adopt Resolution 09-05 supporting the IRWMP and its submittal to the Department of Water Resources for Prop 84 funding. 5. Shapell Pre-Annexation Acreage Fee Agreement. Engineering Manager Conklin reported that Shapell Industries requested the preparation of an Acreage Fee Agreement for sewer projects that have since been constructed and are working effectively. He noted that the work was completed under letter agreements by staff no longer at Shapell and the District. As such, new staff at Shapell requested that the letter agreements be memorialized in an agreement for the record. An agreement was drafted by Shapell, approved by District staff and legal counsel, and submitted to the Committee for review and consideration. Following discussion, the Committee recommended that the Board authorize execution of the Acreage Fee Agreement with Shapell. DISCUSSION ITEMS 6. Preliminary CIP Budget for 2009-14. General Manager Ken Vecchiarelli and Engineering Manager Conklin presented a first-draft list of Capital Improvement Projects proposed for the 2009 to 2014 time frame. Ken noted that by August 2010, an estimated $60 million of the $76 million in CIP projects listed for the 2007-12 time-frame will have completed construction, with the remaining in planning, design and construction. The draft CIP for 2009-2014 was briefly reviewed, and included planning studies, capital facility replacement and refurbishment items, capital facility maintenance items, and capital facility improvement items totaling $14.5 million. It was noted that several of the items are very preliminary and require further refinement and evaluation. Following discussion, the Committee asked staff to continue work on the CIP plan and bring it back for further consideration. 7. Monthly Groundwater Production and Purchased Water Report. Chief Plant Operator John DeCriscio presented the monthly report and described our groundwater and import water purchases versus goals. As part of the production documentation, John provided a new graph showing the cumulative water supply values for the water year. He reported that the District remains on track to achieve the BPP Goal of 52% and CUP production of 2166 AF. 2 8. Monthly Preventative Maintenance Program Report. Operations Manager Lee Cory and Operations Superintendent Ken Mendum reported on the status of the Preventative Maintenance Program to date. Ken noted that we are close to our production goals in all catagories. The status of sewer televising was noted at 93%, and its value to the District to help us be proactive to address potential problems before they become stoppages and overflows. The Committee asked that a summary be added to the monthly report on repair of damaged sewer lines. 9. Monthly MWDOC Managers Meeting Summary Report. General Manager Vecchiarelli reported on his attending the monthly meeting in March. He noted that Met plans to increase the cost of imported water by 20% in September 2009, and that the cost may increase by an additional 20% over the next two years. 10. Monthly OC Groundwater Producers Meeting Summary Report. Engineering Manager Conklin presented the report for the Groundwater Producers meeting for March. He noted that OCWD plans to keep the Replenishment Assessment at $249 per AF, and that the Basin Production Assessment is planned to be approximately 64%. These values will be confirmed by the OCWD Board in April. Ken Vecchiarelli also noted that OCWD was looking at the possibility of prepurchasing water from Met at today's rate for delivery at a future date. This is under discussion with Met staff. 11. Status Report on Capital Projects in Progress. Steve Conklin presented the Status Report on Capital Projects for March 2009. 12. Plan for Expansion of Groundwater Supply. In Agenda Items 6 and 11, plans for new wells 20 and 21 in the current budget, and future wells 22 to 25 were discussed. In Agenda Item 12, Ken Vecchiarelli further emphasized the critical importance of constructing new wells, to replace aging wells and to expand our groundwater production. Ken and John DeCriscio presented a graph titled "YLWD Groundwater Production vs. OCWD BPP." The graph shows the District's progress in recent years increasing groundwater production, and how that compares to our allowable production per the BPP. It was noted that we are producing at the limit of our facilities and that additional wells and improvements at the Highland Booster Station are needed to further increase production. Ken reported that staff is working on both of these needs. 13. Future Agenda Items and Staff Tasks. Director Mills asked about the District's per-capita water use and does it include use by the City and schools. Ken Vecchiarelli noted that it can be determined various ways. For residential use, he confirmed that it is approximately 216 gallons per capita per day per the most recent determination. Director Mills also asked about the Community Advisory Committee meeting on March 31. Ken Vecchiarelli provided a short summary and noted that the next meeting will be April 6. ADJOURNMENT The Committee adjourned at 5:50 p.m. The next meeting of the Planning-Engineering- Operations Committee will be held May 7, 2009 at 4:00 p.m. 3 ITEM NO. MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC INFORMATION-TECHNOLOGY COMMITTEE MEETING April 7, 2009 A meeting of the Public Information-Technology Committee was called to order b 9 9Y Y Director Collett at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Ric Collett, Chair Ken Vecchiarelli, General Manager Director Michael J. Beverage Pat Grady, Information Technology Director Cindy Botts, Management Analyst PUBLIC COMMENTS None. ACTION ITEMS 1. Water Conservation Ordinance Implementation Plan and Budget Director Beverage questioned the purpose of the violation notices as part of the overall Implementation Plan, whether each violation is a separate violation and requires a separate notice. If so, the budget for the notices may need to be increased. Mr. Vecchiarelli replied that staff would address that issue. Director Collett stated that additional funds may need to be added into the budget for staff time in order to make presentations to HOA's, community groups, etc. Director Beverage added that street signs listing the percentage of conservation the community had achieved might also be helpful. 2. FY 2009/10 Public Information Budget Ms. Botts presented the new concept for the customer newsletter through Avant- Garde as an example of the newsletters that will be addressed in the budget. The overall PI budget was presented in summary form and was supported by the Committee. ADJOURNMENT The Committee adjourned at 5:00 p.m. The next meeting of the Public Information- Technology Committee will be held May 5, 2009 at 4:00 p.m. 1 ITEM NO. YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING March 31, 2009 A meeting of the Citizens Advisory Committee was called to order at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870. COMMITTEE BOARD Carl Boznanski Ric Collett, Director Gary Melton Gene Scearce STAFF Gregory Meyers Ken Vecchiarelli, General Manager Howard Weber Pat Grady, Assistant General Manager Janine Eggers Steve Conklin, Engineering Manager Lindon Baker Lee Cory, Operations Manager Marlo Naber-Mole Diane Cyganik, Finance Director Neil Brine Gina Knight, HR Manager Oscar Bugarini, Sr. Cindy Botts, Management Analyst Phil Hawkins Annie Alexander, Executive Secretary Richard Bogda Robert Kiley Bill Guse PUBLIC COMMENTS None. DISCUSSION ITEMS 1. Introductions Mr. Vecchiarelli opened the meeting and reviewed the District's purpose and mission. Mr. Vecchiarelli also thanked the Committee members on behalf of the Board for their willingness to volunteer. The following items were taken out of order. b. District Staff Mr. Vechiarelli introduced Mr. Cory who provided a review of the responsibilities of the Operations Department and its associated Divisions and Crews. C. Committee Members Each Committee Member introduced themselves, giving a brief summary of their work history and interest in the Committee. 1 a. Board of Directors - Revenue and Rates Ad Hoc Committee Director Collett introduced himself and explained his role as Director for the District. b. District Staff (Continued) Mr. Vecchiarelli introduced Mses. Knight and Cyganik and Messrs. Grady and Conklin, who then reviewed the responsibilities of their respective departments. The committee took a 10 minute recess at 4:55 p.m. The meeting reconvened at 5:05 p. M. Mr. Vecchiarelli introduced Mses. Botts and Alexander who both gave a brief summary of their job responsibilities. Mr. Conklin then provided a detailed overview regarding the status of the District's 2007-2012 Capital Improvement Program. 2. Committee Guidelines/Brown Act Requirements Mr. Vecchiarelli reviewed the Committee guidelines including agenda posting and public access requirements. 3. Goals and Objectives of the Committee Mr. Vecchiarelli outlined the Committee's immediate and future objectives including the water conservation ordinance and implementation plan and pending rate increases. 4. How YLWD Customers Get Their Water Mr. Vecchiarelli provided an overview of the District's water sources, storage and distribution systems and responded to questions from the Committee. 5. Current State of the Water Crisis - Water Supply Shortage Mr. Vecchiarelli then reviewed the State's water supply crisis in detail and common industry terms. ACTION ITEMS 6. Draft Water Conservation Ordinance and Implementation Plan Mr. Vecchiarelli and Ms. Botts summarized the draft ordinance and made note of the major conservation measures to be implemented. Ms. Botts stated that additional information regarding the Delta and water conservation ordinance would be e-mailed to the Committee in preparation for the next meeting. Committee members were asked to be prepared to provide feedback on the ordinance at that time. TOUR OF DISTRICT FACILITIES (OPTIONAL) The tour was postponed until the next Committee meeting. ADJOURNMENT The Committee adjourned at 6:15 p.m. The next meeting of the Citizens Advisory Committee will be held April 6, 2009 at 8:00 a.m. 2 ITEM NO. f~L MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING April 6, 2009 A meeting of the Citizens Advisory Committee was called to order at 8:05 a.m. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870. COMMITTEE STAFF Carl Boznanski Maurice Gallarda Ken Vecchiarelli, General Manager Gary Melton Neil Brine Cindy Botts, Management Analyst Gene Scearce Oscar Bugarini, Sr. Gregory Meyers Phil Hawkins OTHER ATTENDEES Howard Weber Richard Bogda Mark Schock Janine Eggers Robert Kiley Lindon Baker William Guse Marto Naber-Mole PUBLIC COMMENTS None. DISCUSSION ITEMS 1. Water Conservation Quiz Mr. Vecchiarelli gave out a short water conservation quiz and the results showed the majority of the Committee were already involved in some type of conservation effort within their homes. 2. Future Planning Calendar a. CAC Meeting Schedule The schedule for the next two meetings was set for April 21, 2009 at 4:00 p.m. and May 4, 2009 at 8:00 a.m. b. Colorado River Tour Mr. Vecchiarelli explained the specifics of the tour and asked if anyone interested would contact Ms. Botts or Ms. Alexander by email. C. MWD Diamond Valley Tour Mr. Vecchiarelli explained the specifics of the tour and asked if anyone interested would contact Ms. Botts or Ms. Alexander by email. d. Orange County Water Summit Mr. Vecchiarelli explained the specifics of the Summit and asked if anyone interested would contact Ms. Botts or Ms. Alexander by email. 1 ACTION ITEMS 3. Draft Water Conservation Ordinance and Implementation Plan Mr. Vecchiarelli and Ms. Botts briefly went over the permanent restrictions and the differences between the four stages. The following comments were made by the Committee members: • The marketing budget for the Ordinance Implementation Plan is too low. ■ Advertising should include "thermometer' signs on major streets within the City of Yorba Linda. ■ The Ordinance is an excellent "skeleton" for moving forward with conservation. Additionally, one Committee member thought YLWD should work with the City to enforce "point-of-sale" water efficient appliances. Two Committee members disagreed. There was also disagreement on whether the 15 minute per station per day allotment in the permanent restrictions was too long. Lastly, the vast majority of the Committee members felt strongly that the District should impose tiered rates sooner, rather than later, and possibly, in conjunction with the Ordinance. Only one Committee member stated that while he endorsed tiered rates, the District should wait to see how much conservation the Ordinance alone brings in first. 4. Nominate CAC Officers Due to the length of the meeting, this action item was placed on the next agenda. ADJOURNMENT The Committee adjourned at 10:15 a.m. The next meeting of the Citizens Advisory Committee will be held Tuesday, April 21, 2009 at 4:00 p.m. TOUR OF DISTRICT FACILITIES (OPTIONAL) A short tour of the District administration building and operations facilities was then conducted. I 2