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HomeMy WebLinkAbout2013-08-22 - Board of Directors Meeting Agenda PacketYorba Linda ''ter District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, August 22, 2013, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Gary T. Melton, President Robert R. Kiley, Vice President Michael J. Beverage Ric Collett Phil Hawkins 4. ADDITIONS /DELETIONS TO THE AGENDA 5. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 6. 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. 6.1. Minutes of the Board of Directors Regular Meeting held August 8, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Payment of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,373,008.91 6.3. Award of Landscape Maintenance Contract Recommendation: That the Board of Directors authorize the General Manager to enter into a Landscape Service Contract with Marina Landscape, Inc. The initial term of the contract will be 10 months with service starting on September 1, 2013 and ending on June 30, 2014, with a total contract cost not to exceed of $37,050.00. Additionally, that the Board of Directors authorize the General Manager to execute the annual renewal options as provided, if staff remains satisfied with the level of service being provided by Marina Landscape, Inc. 6.4. Progress Payment No. 4 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 4 in the net amount of $88,421.39 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 -17B. 6.5. Terms and Conditions for Water and Sewer Service with Yavitz Companies, Inc. Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Yavitz Companies, Inc., Job No. 2013 -13. 6.6. Verizon Cell Site Lease Agreement at Quarter Horse Reservoir Recommendation: That the Board of Directors authorize the Acting General Manager to execute the Verizon Cell Site Lease Agreement. 7. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 7.1. Renewal of ISDOC OCCOG Membership Recommendation: That the Board of Directors consider this matter and provide direction to staff. 8. REPORTS. INFORMATION ITEMS. AND COMMENTS 8.1. President's Report 8.2. Directors' Report UWI Annual Conference - August 14 -16, 2013 (Kiley) 8.3. Acting General Manager's Report 8.4. General Counsel's Report 8.5. Future Agenda Items and Staff Tasks 9. COMMITTEE REPORTS 9.1. Executive - Administrative - Organizational Committee (Melton /Kiley) • Minutes of meeting held August 20, 2013 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Meeting scheduled September 17, 2013 at 4:00 p.m. 9.2. Finance - Accounting Committee (Hawkins /Melton) Meeting scheduled August 26, 2013 at 12:00 p.m. 9.3. Personnel -Risk Management Committee (Collett /Beverage) • Minutes of meeting held August 13, 2013 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Meeting scheduled September 10, 2013 at 4:00 p.m. 9.4. Planning- Engineering- Operations Committee (Kiley /Hawkins) • Minutes of meeting held August 5, 2013 at 12:00 p.m. Meeting scheduled September 3, 2013 at 12:00 p.m. 9.5. Public Affairs - Communications - Technology Committee (Beverage /Collett) Minutes of meeting held August 6, 2013 at 4:00 p.m. Meeting scheduled August 27, 2013 at 4 :00 p.m. 9.6. Organizational and Efficiency Study Ad Hoc Committee (Beverage /Hawkins) Meeting to be scheduled. 9.7. YLWD -City of Placentia Joint Agency Committee (Melton /Hawkins) Meeting to be scheduled. 9.8. YLWD -City of Yorba Linda Joint Agency Committee (Kiley /Beverage) • Minutes of meeting held August 21, 2013 at 6:00 p.m. (To be provided at the next regular Board meeting.) • Meeting scheduled October 16, 2013 at 6:00 p.m. 9.9. YLWD - MWDOC -OCWD Joint Agency Committee (Beverage /Melton) • Meeting scheduled September 24, 2013 at 4:00 p.m. 9.10. Citizens Advisory Committee (Beverage) • Meeting scheduled August 26, 2013 at 8:30 a.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. YL City Council - August 20, 2013 (Collett) 10.2. MWDOC Board - August 21, 2013 (Melton) 10.3. OCWD Board - August 21, 2013 (Staff) 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from August 23, 2013 - September 30, 2013 12. CONFERENCES, SEMINARS, AND SPECIAL EVENTS This section of the agenda is for the Board of Directors to authorize Director attendance at the listed events. 12.1. CSDA Special District Leadership Academy Conference - November 17 -20, 2013 Recommendation: That the Board of Directors authorize Director attendance at this event if desired. 13. 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. 13.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA /JPIA, et al. vs. Insurance Company of the State of Pennsylvania, et al. (OC Superior Court - Case No. 00486884) 13.2. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: City of Anaheim vs. Ana J. Matosantos, et al. (Superior Court of CA, Sacramento — Case No. 34- 2013 - 80001529) 13.3. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to line break at 1301 North Rose Drive, Placentia CA 92870. Number of Potential Cases: One 13.4. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to written communications from potential plaintiffs threatening litigation. Number of Potential Cases: One 14. ADJOURNMENT 14.1. The next Regular Board of Directors Meeting will be held Thursday, September 12, 2013 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non - exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy -two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http: / /www.ylwd.com /. Accommodations for the Disabled Any person may make a request for a disability - related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714 - 701 -3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability - related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. AGENDA REPORT Meeting Date: August 22, 2013 ITEM NO. 6.1 Subject: Minutes of the Board of Directors Regular Meeting held August 8, 2013 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Description: Type: 080813 BOD - Minutes.doc BOD Mtg Minutes 08/08/13 Minutes Approved by the Board of Directors of the Yorba Linda Water District 8/22/2013 RC /RK 4 -0 -1 PH was absent. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, August 8, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The August 8, 2013 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Melton at 8:34 a.m. The meeting was held in the Board Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Melton led the pledge. 3. ROLL CALL DIRECTORS PRESENT Gary T. Melton, President Robert R. Kiley, Vice President Michael J. Beverage Ric Collett Phil Hawkins STAFF PRESENT Steve Conklin, Acting General Manager Gina Knight, HR and Risk Manager Delia Lugo, Acting Finance Manager Ken Mendum, Water Maintenance Superintendent Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Damon Micalizzi, Public Information Officer ALSO PRESENT Brett Barbre, Director, Metropolitan Water District /Municipal Water District of Orange Co. Gene Hernandez, Councilmember, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP 4. ADDITIONS /DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Director Barbre addressed the Board and commented on the recent ruling by Superior Court Judge Gregory Munoz that the City of San Capistrano's tiered water rate system was illegal, as a rate increase implemented in 2010 was not properly substantiated. Director Barbre then reported that a MWDOC Board Subcommittee would be meeting later this same day to negotiate an employment contract for a new General Manager. He further stated that MWDOC had formed an ad hoc committee to address the proposed consolidation of MWDOC and OCWD. Director Barbre, Director Jeffery Thomas and Director Wayne Clark were appointed to serve on this new committee. 1 91 COMMITTEE REPORTS 6.1. Citizens Advisory Committee (Beverage) ■ Minutes of the meeting held July 22, 2013 at 8:30 a.m. were provided in the agenda packet. Director Beverage provided a report regarding matters discussed during the CAC meeting including a presentation on OCTA's Railroad Corridor Grade Separation Project, the adopted budget for FY 2013/14, and the status of the District's request for annexation to OCWD. Presentations regarding WEROC and the District's Organizational & Efficiency Study are scheduled to be provided at future Committee meetings. ■ Next meeting is scheduled to be held August 26, 2013 at 8:30 a.m. 7. CONSENT CALENDAR Director Collett made a motion, seconded by Director Kiley, to approve the Consent Calendar. Director Collett abstained from voting on the Credit Card Summary included in Item No. 7.3. as he has a financial interest with one of the vendors. Motion carried 5 -0. 7.1. Minutes of the Board of Directors Special Meeting held July 19, 2013 Recommendation presented. That the Board of Directors approve the minutes as 7.2. Minutes of the Board of Directors Regular Meeting held July 25, 2013 Recommendation presented. That the Board of Directors approve the minutes as 7.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,117,470.30. 7.4. Progress Payment No. 6 for the 2012 Waterline Replacement Project, Phase II Recommendation: That the Board of Directors approve Progress Payment No. 6 in the net amount of $46,835.00 to TBU, Inc. for construction of the 2012 Waterline Replacement Project, Phase II, Job No. 2011 -20. 7.5. Investment Report for Period Ending June 30, 2013 Recommendation: That the Board of Directors receive and file the Investment Report for the Period Ending June 2013. 04 8. REPORTS. INFORMATION ITEMS. AND COMMENTS 8.1. President's Report President Melton did not have any comments at this time. 8.2. Directors' Report Director Collett briefly commented on a moratorium on the issuance of new water connections in Cambria that could soon be lifted. A petition is being circulated opposing this action due to the water shortage in the area. 8.3. Acting General Manager's Report Mr. Conklin reported that he was continuing to attend meetings related to the District's application for annexation to OCWD. This matter is scheduled to come before the OCWD Board on September 4, 2013 for a final vote. Mr. Conklin further reported that he had scheduled a meeting with Mr. Mark Pulone, the new City Manager for the City of Yorba Linda on August 19, 2013. Work is now complete on the water service at the Placentia -Linda Hospital and final paving in the alley will commence shortly. The District did receive a claim from the hospital's parent company which will be discussed at the Personnel -Risk Management Committee meeting scheduled later in the month. Construction projects are going well; staff recently replaced a 60 year old 26" steel pipeline with a new 12" PVC pipeline on Richfield Road. The old line was filled with a substance that would allow it to be abandoned in place. Final paving on Richfield Road will take place next week and staff will move on to rebuilding the pressure regulating station on Cresthill Drive near Esperanza High School. Concrete is in the process of being poured at the Yorba Linda booster pump station site. Mr. Conklin then invited the Board to attend a staff luncheon and horseshoe tournament on August 25, 2013. The winners of the horseshoe tournament will join the District's hot tap team who will represent YLWD during competitions being held at the Orange County Water Association's annual barbeque on September 18, 2013. Mr. Conklin concluded his report and noted that the District's Customer Service Division had recently received 2 letters of appreciation for their excellent service. Mr. Conklin and Mr. Kidman then responded to questions from the Board regarding the District's responsibility for abandoned pipelines. 8.4. General Counsel's Report Mr. Kidman briefly commented on the status of AB 145 (transfer of the state's drinking water program from the Department of Public Health to the State Water Resources Control Board) and the recent ruling regarding the City of San Capistrano's tiered water rate system. 8.5. Future Agenda Items and Staff Tasks None. 3 9. COMMITTEE REPORTS CONTINUED 9.1. Executive - Administrative - Organizational Committee (Melton /Kiley) ■ Next meeting is scheduled to be held August 20, 2013 at 4:00 p.m. 9.2. Finance - Accounting Committee (Hawkins /Melton) ■ Minutes of the meeting held July 22, 2013 at 10:00 a.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held August 26, 2013 at 12:00 p.m. 9.3. Personnel -Risk Management Committee (Collett /Beverage) ■ Next meeting is scheduled to be held August 13, 2013 at 4:00 p.m. 9.4. Planning- Engineering- Operations Committee (Kiley /Hawkins) ■ Minutes of the meeting held August 5, 2013 at 12:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held September 3, 2013 at 12:00 p.m. 9.5. Public Affairs - Communications - Technology Committee (Beverage /Collett) ■ Minutes of the meeting held August 6, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held September 9, 2013 at 4:00 p.m. 9.6. Organizational and Efficiency Study Ad Hoc Committee (Beverage /Hawkins) ■ Next meeting to be scheduled. 9.7. YLWD -City of Placentia Joint Agency Committee (Melton /Hawkins) ■ Next meeting to be scheduled. 12 9.8. YLWD -City of Yorba Linda Joint Agency Committee (Kiley /Beverage) ■ Next meeting is scheduled to be held August 21, 2013 at 6:00 p.m. 9.9. YLWD - MWDOC -OCWD Joint Agency Committee (Beverage /Melton) ■ Minutes of the meeting held July 23, 2013 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held September 24, 2013 at 4:00 p.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. WACO —August 2, 2013 (Hawkins /Kiley) Directors Kiley attended and commented on a presentation regarding water laws and regulations which was provided by Mr. Anthony Francois, Attorney for the Pacific Legal Foundation. 10.2. YL City Council — August 6, 2013 (Kiley) Director Kiley attended and commented on the Lighting and Landscaping Maintenance District assessments, communication to County Supervisor Todd Spitzer regarding the Cielo Vista /Esperanza Hills Development, future use of the site formerly known as the Friends Church Christian High School Property, and an update of the Trueblood House which were discussed during the meeting 10.3. MWDOC /MWD Workshop — August 7, 2013 (Melton) Director Melton attended and commented on a presentation regarding the status of the Colorado River which was provided by Mr. Bill Hasencamp during the meeting. 10.4. OCWD Board — August 7, 2013 (Kiley) Staff attended this meeting in place of Director Kiley due to a schedule conflict. Mr. Conklin stated that there was not much to report other than the discussion regarding the proposed consolidation of MWDOC and OCW D. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from August 9, 2013 —September 30, 2013 The Board reviewed the activity calendar and made no changes. 12. CLOSED SESSION The meeting was adjourned to Closed Session at 9:20 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Conklin, Kidman and Beltran. 0 12.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court — Case No. 00486884) 12.2. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: City of Anaheim vs. Ana J. Matosantos, et al. (Superior Court of CA, Sacramento — Case No. 34- 2013- 80001529) 12.3. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to line break at 1301 North Rose Drive, Placentia CA 92870. Number of Potential Cases: One 12.4. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to written communications from potential plaintiffs threatening litigation. Number of Potential Cases: One The Board reconvened in Open Session at 10 :20 a.m. President Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 13. ADJOURNMENT 13.1. The meeting was adjourned at 10:21 a.m. The next Regular Board of Directors Meeting will be held Thursday, August 22, 2013 at 8:30 a.m. Steven R. Conklin Board Secretary 3 AGENDA REPORT Meeting Date: August 22, 2013 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Delia Lugo, Acting Finance Manager Prepared By: Charmaine Holland, Acting Accounting Asst I Budgeted Cost Estimate: Funding Source: Dept: Subject: Payment of Bills, Refunds, and Wire Transfers SUMMARY: ITEM NO. 6.2 Yes 1,373,008.91 All Funds Finance Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $1,373,008.91 DISCUSSION: The wire and major items on this disbursement list are as follows: a wire of $ 808,928.97 to MWDOC for June water purchase; a check of $ 98,473.79 to ACWA /JPIA for September health premium; and, a check of $ 88,421.39 to Environmental Construction for YL Blvd BPS. The balance of $133,588.04 is routine invoices. The Accounts Payable check register total is $1,129,412.19. Payroll No. 16 total is $243,596.72; and, the disbursements of this agenda report are $1,373,008.91. A summary of the checks is attached. STRATEGIC PLAN: FR 1 -F: Continue to Record and Report the Fairly Stated Financial Activities of the District in a Timely and Transparent Manner to the Board of Directors and Member Agencies PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi - monthly. ATTACHMENTS: CkReg08.22 BOD.xls 13- CS.8.22.13 doc.doc Description: Check Register 8.22.13 Cap Sheet Type: Backup Material Backup Material CC Summary 82213.xlsx Credit Card Summary Backup Material Approved by the Board of Directors of the Yorba Linda Water District 8/22/2013 RC /RK 4 -0 -1 PH was absent. Check No. 61834 61832 61833 61835 61847 61836 61837 61838 61839 61840 61841 61842 61822 61843 61844 61846 61831 61865 61850 61826 61901 61851 61852 61853 61854 61855 61856 61858 61857 61829 61859 61860 61861 61862 61863 61864 61866 61867 61849 61868 61869 61823 61870 61827 61824 61871 61872 61873 61874 61875 61825 61876 61877 Yorba Linda Water District Check Register For Checks Dated: 8/09/2013 thru 8/22/2013 Date Vendor Name 08/22/2013 A Plus Awards By Dewey 08/22/2013 ACWA /JPIA 08/22/2013 ACWA -Assn Of Ca Water Agencies 08/22/2013 Aramark 08/22/2013 ARC 08/22/2013 Aspen Risk Management Group Inc 08/22/2013 AW Direct Inc. 08/22/2013 Battery Systems Inc 08/22/2013 Bio Acoustical Corporation 08/22/2013 CalCard US Bank 08/22/2013 Capio 08/22/2013 CDW Government, Inc 08/06/2013 City of Anaheim 08/22/2013 City Of Placentia 08/22/2013 Coastal Ignition & Controls 08/22/2013 Commercial Door of Anaheim, Inc. 08/22/2013 CONNIE LI 08/22/2013 Costco Online 08/22/2013 Culligan of Santa Ana 08/22/2013 CYNTHIA BARRON 08/22/2013 Delia Lugo/ Petty Cash 08/22/2013 Dion &Sons, Inc. 08/22/2013 E. G. Brennan & Co., Inc 08/22/2013 E. H. Wachs Company 08/22/2013 Eisel Enterprises, Inc. 08/22/2013 Environmental Construction Inc 08/22/2013 Equarius Waterworks 08/22/2013 Eye M ed 08/22/2013 Fairway Ford Sales, Inc. 08/22/2013 FIELD ASSET MGMT 08/22/2013 Flex Advantage 08/22/2013 Gladwell Governmental Services Inc 08/22/2013 Golden Bell Products 08/22/2013 Grandpoint Bank 08/22/2013 Graybar Electric Co 08/22/2013 Hall & Foreman, Inc 08/22/2013 Hushmand Associates Inc 08/22/2013 Infosend Inc. 08/22/2013 INSITUFORM TECHNOLOGIES LLC 08/22/2013 Jackson's Auto Supply - Napa 08/22/2013 Jeanne Hackley 08/22/2013 JEFF DONAHUE 08/22/2013 John Bogosian 08/22/2013 John Polentz Prop Mgmt 08/22/2013 JOSEPH VARADA 08/22/2013 KB Design 08/22/2013 Kidman Law 08/22/2013 Koff & Associates, Inc 08/22/2013 Konica Minolta Business 08/22/2013 Konica Minolta Business 08/22/2013 KURT BUTLER 08/22/2013 Lee & Ro, Inc. 08/22/2013 Marina Landscape, Inc Amount Description 447.82 DELIA LUGO NAME PLATE 98,473.79 HEALTH PREMIUM AUGUST 13 500.00 ADVERTISEMENT 682.54 UNIFORMS 20.00 PLANWELL DATA NETWORK 6,195.00 HR CONSULTING SERVICE 306.12 LITEBOX 258.94 12 VOLT COMMERICAL BATTERIES 127.50 HEARING TEST/ EMP ON SITE 1,911.14 VISA PAYMENT 450.00 MEMBERSHIP BOTTS 575.23 WIRELESS KEYBOARD 195.00 WELL PERMIT -YLWD WELL #21 1,015.50 PUBLIC ENCROACHMENT PERMIT 462.50 THERMOCOUPLE 1,514.75 REPAIR DOOR 87.13 CUSTOMER REFUND 156.66 COSTCO PURCHASE 1,974.85 WTR SOFTENER SVC 162.44 UNIT 158 BRAKE ROTOR ETC 263.61 PETTY CASH 4,948.23 MYSELLA OIL 624.36 NEW SIGNATURE PLATE 236.61 RECON CONTROLLER CABLES 3,393.09 E/O FAIRMONT N/O BASTANCHURY 88,421.39 PALM AVE BPS 3,766.75 METERS 1,306.88 VISION PLAN AUGUST 2013 86.19 UNIT# 176 TUBES 409.98 CUSTOMER REFUND 108.00 FLEX A/C PROCESSING JULY 1,250.00 LASERFICHE SOFTWARE ONSITE 3,315.00 SEWER ROACH CONTROL 4,653.76 PALM AVE BPS 969.83 RECHARGEABLE BATTERY 210.00 TRACK MAP NO 17489 20,388.50 WATER LINE PROJECT PHASE II 4,806.65 DATA PROCESSING MAIL 82.50 CUSTOMER REFUND 192.45 OIL FILTER 60.00 SETTLEMENT CLAIM 556.51 CUSTOMER REFUND 680.43 SAFETY GLASSES, ETC 97.77 CUSTOMER REFUND 48.82 CUSTOMER REFUND 3,952.26 YLWD HATS 19,224.50 LEGAL SERVICES 7,242.70 HR CONSULTING SVC 333.51 BIZHUB C224 584.42 BIZ 181/ C552 COPIES 113.82 CUSTOMER REFUND 1,282.48 PALM AVE BPS 1,409.15 JULY MONTHLY LANDSCAPE 61878 08/22/2013 Mc Fadden -Dale Hardware 61879 08/22/2013 Mc Master -Carr Supply Co. 61845 08/22/2013 Merging Communications, Inc. 61880 08/22/2013 Mine Safety Appliance Co 61881 08/22/2013 Minuteman Press W81413 08/14/2013 Municipal Water District 61882 08/22/2013 Muzak LLC 61883 08/22/2013 Newark Element 4 61884 08/22/2013 One Source Distributors, LLC 61885 08/22/2013 Orange Coast Petroleum Equip. 61886 08/22/2013 Orange County - HCA 61887 08/22/2013 Orvac Electronics 61888 08/22/2013 PAUL J.GRODAN 61889 08/22/2013 Powerstride Battery 61890 08/22/2013 Praxair Distribution 61828 08/22/2013 PREFERRED GROUP PROPERTIES 61848 08/22/2013 PWC PACIFIC WEST COMM INC 61891 08/22/2013 Quinn Power Systems Associates 61895 08/22/2013 R & S Overhead Doors of So -Cal, Inc 61892 08/22/2013 Red Rider Informatics 61893 08/22/2013 Robert Kiley 61894 08/22/2013 Ronnie Ruiz 61897 08/22/2013 SC Prime Source Inc. 61896 08/22/2013 Schorr Metals, Inc. 61898 08/22/2013 Shred -It USA Inc 61899 08/22/2013 Staples Business Advantage 61900 08/22/2013 Steven Engineering 61902 08/22/2013 Strophe America Inc 61903 08/22/2013 Townsend Public Affairs, Inc. 61830 08/22/2013 TRI STAR MANAGEMENT 61904 08/22/2013 Underground Service Alert 622.85 AUG PURCHASE 236.83 CABINET LINER 245.00 PROGRAM /INSTALL COMM SVC 496.25 SENSORS 81.00 BRYAN ARNADO BUSINESS CRDS 808,492.97 WATER PURCHASE JUNE 2013 73.74 AUG 2013 SVC 95.04 RESISTOR PARTS 182.92 STEEL ROD 107.24 HOSE, NOZZLES 389.00 HAZARD MAT STORGE RICHFD 204.00 WIRE NUT,CUTTING PLIERS 1,214.20 HR CONSULTING SVC 88.10 BATTERY 121.45 CYLINDER RENTAL 59.48 CUSTOMER REFUND 75.00 CUSTOMER REFUND 3,100.21 SPARK PLUGS & FILTERS 720.00 REPAIR ROLL UP DOOR 2,807.00 SECURITY RENEWAL 686.01 REIMBURSE ELECTRONIC EQUIP 77.00 REIMBURSECWEA RENEWAL 6,350.00 JUNE,JULY AND AUG SVC 226.25 VAULT REPAIR PARTS 95.17 SHRED ONSITE SVC 301.77 OFFICE SUPPLIES 2,276.77 PHOENIX SWITCH 3,840.00 POST IMPLEMENTATION 5,000.00 CONSULTING SVC AUG 2013 357.88 UNIT# 158 BRAKE ROTOR ETC 252.00 NEW TKT CHARGES $ 1,129,412.19 CHECK NUMBERS: Manual Check 61822 August 22, 2013 $ 195.00 Computer Checks 61823 -61904 $ 320,724.22 $ 320,919.22 WIRES: W -81413 MWDOC $ 808,492.97 TOTAL OF CHECKS AND WIRES $ 1,129,412.19 PAYROLL NO. 16: Direct Deposits $ 155,164.65 Third Party Checks 5640-5649 $ 46,406.93 Payroll Taxes $ 42,025.14 TOTAL OF PAYROLL $ 243,596.72 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $ 1,373,008.91 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF AUGUST 22, 2013 ------------------------------------------------------------------ ------------------------------------------------------------------ Date 07/29/13 07/30/13 07/30/13 07/31/13 08/01/13 08/01/13 08/02/13 08/05/13 08/05/13 08/07/13 08/07/13 08/08/13 08/09/13 Cal Card Credit Card U S Bank 7/29/2013- 08/09/2013 Vendor Name Clean it Supply Brown & Caldwell Miracle Muffler & Hitch Orchard Stefano's Dicks Sporting Good Cold Star Ice Orchard Amazon Fullerton Paint El Pollo Loco NEOGOV Monte Carlo Resort TOTAL Amount Description 99.70 Air Fresheners 200.00 Job Ad - Water Dept Superintendent 235.00 Muffler repair unit# 176 19.42 Degreaser 19.99 Safety and Training Lunch Interview 35.62 Replacement Horseshoe 60.00 Ice Pak 22.66 Hardware Supplies 56.77 Parts to Repair Coolers 258.69 Valve marking paint 30.37 Accounting Meeting 799.00 Annual Conf Las Vegas 10/2 -10/4 73.92 Lodging for NEOGOV conference 1,911.14 AGENDA REPORT Meeting Date: August 22, 2013 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: John DeCriscio, Operations Manager Prepared By: Harold Hulbert, Operations Assistant Budgeted: Total Budget: Cost Estimate: Funding Source Account No: Dept: Reviewed by Legal CEQA Compliance: Subject: Award of Landscape Maintenance Contract SUMMARY: ITEM NO. 6.3 Yes $40,000 $37,050.00 All Water Funds 1- 5060 - 0600 -40 Operations Yes N/A On July 6, 2013 the District posted an ad in the Orange County Register soliciting a Request for Proposals for Landscape Services.. The ad called for a mandatory job walk on July 17, 2013 at 1717 Miraloma Ave, Placentia, for any vendor wishing to submit a proposal. Three vendors responded and attended the July 17 job walk, and each was provided additional specifics as to how proposals must be received. These specifications included detail cost sheets for labor hours for each task and site, as well as labor cost and material cost, with a total not to exceed cost per month. The list of vendors included: 1. Marina Landscape 2. Park West Landscape Management 3. Merchants Landscape Two proposals were received. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to enter into a Landscape Service Contract with Marina Landscape, Inc. The initial term of the contract will be 10 months with service starting on September 1, 2013 and ending on June 30, 2014, with a total contract cost not to exceed of $37,050.00. Additionally, that the Board of Directors authorize the General Manager to execute the annual renewal options as provided, if staff remains satisfied with the level of service being provided by Marina Landscape, Inc. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee discussed this item at its meeting held August 5, 2013 and supports staff's recommendation. DISCUSSION: As noted above, each vendor was given specific instructions as to how their proposal was to be completed. Each vendor submitted their proposal as a "Fixed Rate Not to Exceed" cost per site per month, which was then adjusted to an annual "not to exceed cost" for the District to review. Both proposals and annual not to exceed amounts were reviewed by staff and confirmed through e- mail by the respective vendor for accuracy. The not to exceed contract amounts are listed below. 1. Marina Landscape: $ 37,050.00 2. Park West Landscape Management: $ 92,556.00 The terms of the initial contract will be 10 months, with three additional one year renewal options. Price increases are optional at the end of each one year contract, but will be fixed to the Orange County Consumer Price index and must be requested in advance by the vendor. Based upon the above pricing the total estimated cost with all renewal options would be: 1. Marina Landscape: $ 148,200.00 2. Park West Landscape Management: $ 370,224.00 Marina Landscape has been providing landscape services for the District since 2009. Staff has developed a good working relationship with Marina during this time and is happy with the service that has been provided to date. As such, staff recommends award of the service contract to Marina Landscape, Inc. Approved by the Board of Directors of the Yorba Linda Water District 8/22/2013 RC /RK 4 -0 -1 PH was absent. Meeting Date To: From: Presented By Prepared By: Subject: SUMMARY: AGENDA REPORT August 22, 2013 Board of Directors Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Budgeted: Total Budget: Cost Estimate: Funding Source Account No: Job No: Dept: Reviewed by Legal: Joe Polimino, Project Engineer CEQA Compliance: ITEM NO. 6.4 Yes $2.6M $2.3M All Water Funds 101 -2700 200817B Engineering No MND Progress Payment No. 4 for the Yorba Linda Blvd Pump Station Project Work is continuing on the construction of the Yorba Linda Blvd Pump Station Project. The project consists of three electric motor driven vertical turbine pumps, flow control valves, a motor control center, various yard piping and a new masonry block building. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 4 in the net amount of $88,421.39 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 -17B. DISCUSSION: In accordance with the contract documents, ECI Inc. submitted a request for Progress Payment No. 4, in the amount of $93,075.15 for completed work through July 31, 2013. During this period, the contractor installed reinforcing bars for the remaining building footer and poured concrete to complete the foundation. They also completed the underground sump and drains under the floor slab and installed one pressure sustaining valve. The status of the construction contract with ECI Inc. is as follows: • The current contract is $1,581,179.00 and 365 calendar days starting April 1, 2013. • If approved, Progress Payment No. 4 is $93,075.15 (5.9% of the total contract amount), less 5% retention of $ 4,653.76 for a net payment of $88,421.39. • If approved, total payments to date including retention will be $455,019.15 (28.8% of the total contract amount). • As of July 31, 2013, 122 calendar days were used (33.4% of the contract time). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 4 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): On December 20, 2012, the Board of Directors authorized the President and Secretary to execute a construction agreement between Environmental Construction, Inc. (ECI), and the Yorba Linda Water District for the Construction of the Yorba Linda Blvd Pump Station Project in the amount of $1,581,179.00. The Board of Directors has approved three progress payments to date, the last of which was approved on July 25, 2013. ATTACHMENTS: Name: ECI YL Blvd. PS Proaress Pay Request 4.odf Approved by the Board of Directors of the Yorba Linda Water District 8/22/2013 RC /RK 4 -0 -1 PH was absent. Description: Progress Pay Request No. 4 for the Yorba Linda Blvd. Pump Station Project Type: Backup Material YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Yorba Linda Blvd. Pump Station PROGRESS PAY REQUEST NO. 004 LOCATION Yorba Linda, CA PROJECT NO. 200817B PAGE 1 OF 1 PAGES CONTRACTOR Environmental Construction Inc. DATE 8/1/13 ORIGINAL CONTRACT AMOUNT: $ 1,581,179.00 AUTHORIZED CHANGE ORDERS: $ - REVISED CONTRACT AMOUNT: $ 1,581,179.00 PROGRESS PAY ESTIMATE FOR PERIOD VALUE OF WORK COMPLETED CHANGE ORDER WORK COMPLETED TOTAL VALUE OF WORK COMPLETED LESS RETENTION 5% LESS OTHER DEDUCTIONS NET EARNED TO DATE LESS AMOUNT PREVIOUSLY PAID BALANCE DUE THIS ESTIMATE NOTICE TO PROCEED COMPLETION TIME APPROVED TIME EXTENSIONS TOTAL CONTRACT TIME TIME EXPENDED TO DATE TIME REMAINING July 1, 2013 TO PREVIOUS THIS MONTH $ 361,944.00 $ 93,07; $ 361,944.00 $ 93,0T $ 343,846.80 $ 88,42' Electronic Wire Fees April 1, 2013 365 CALENDAR DAYS 0 CALENDAR DAYS 365 CALENDAR DAYS 122 CALENDAR DAYS 243 CALENDAR DAYS July 31, 2013 TO DATE ,15 $ 455,019.15 .15 $ 455,019.15 .39 $ 432.268.19 REQUESTED BY: DATE: Al t3 ! Mike Domanski, Project Manager, ECI Inc. RECOMMENDED: DATE: Joe Polimino, Project Engineer, YLWD APPROVED BY: DATE: Steve Conklin, Engineering Manager, YLWD 191 .391 ITEM NO. 6.5 AGENDA REPORT Meeting Date: August 22, 2013 Budgeted: N/A To: Board of Directors Funding Source: Developer Funded From: Steve Conklin, Acting General Account No: 1/2 -2600 Manager Job No: J2013 -13 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Ariel Bacani, Engineering CEQA Compliance: N/A Technician II Subject: Terms and Conditions for Water and Sewer Service with Yavitz Companies, Inc. SUMMARY: Yavitz Companies, Inc. is proposing to redevelop an existing retail center east of Valley View Avenue and north of Yorba Linda Boulevard. The 6.5 -acre project includes the renovation of an existing building and the construction of three new buildings, as shown in the attached exhibit. STAFF RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Yavitz Companies, Inc., Job No. 2013 -13. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee discussed this matter at the August 5, 2013 meeting and supports staffs recommendation. DISCUSSION: The District has existing Zone 2 pipelines in Valley View Avenue and Yorba Linda Boulevard, that are adequate in size and of sufficient pressure to serve the project. Staff will require the applicant to construct a looped water system that connects from Valley View Avenue into Yorba Linda Boulevard. The existing water main on Yorba Linda Boulevard will require the installation of a line stop to isolate the system for the loop tie -in point. Other proposed water facilities include four water service lines, one fire hydrant, two fire service lines and three double -check detector assemblies for their fire suppression systems. The project is located within Drainage Area "2" of the District's Sewer Service Area. The District has an existing sewer main within the proposed site that is adequate in size to serve the project. The applicant will connect three sewer laterals to this main. The Terms and Conditions for Water and Sewer Service with Yavitz Companies, Inc. are attached for your consideration. STRATEGIC PLAN: SR 3 -A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011 -2015 with adopted amendments ATTACHMENTS: Name: 201313 T C.doc 201313 Exhibit.pdf Approved by the Board of Directors of the Yorba Linda Water District 8/22/2013 RC /RK 4 -0 -1 PH was absent. Description: Terms & Conditions for Water & Sewer Service with Yavitz Companies, Inc. Exhibit of Proposed Water & Sewer Improvements for Yavitz Companies, Inc. Type: Agreement Exhibit Date: AUGUST 22, 2013 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER AND SEWER SERVICE NAME OF APPLICANT: YAVITZ COMPANIES, INC. LOCATION OF PROJECT: 4848 VALLEY VIEW AVE., YORBA LINDA TRACT NUMBER: N/A JOB NUMBER: 201313 LOT(S): N/A The applicant will be required to complete to the satisfaction of the District the following items that have an "X" following the number. 1) X The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) X The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 1 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. I. 4) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 2 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. 2. 5) X The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 6) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. Page 2 of 5 NAME OF APPLICANT: YAVITZ COMPANIES, INC. LOCATION OF PROJECT: 4848 VALLEY VIEW AVE., YORBA LINDA 7) X The applicant shall dedicate or obtain all easements deemed necessary by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 8) X The applicant shall provide the District with a copy of the Recorded Tract/Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 9) X The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. 10) X The applicant shall furnish the District with a 24 -hour emergency telephone number prior to the District's approval of the construction plans. 11) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 12) X The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 13) X The applicant shall provide per the District specifications one complete set of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or later) for the Water facilities. 14) X The applicant shall complete an Application to and Agreement for Water Service. 15) X The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 16) X The applicant shall pay meter fees associated with the installation of radio read meters for this project. 17) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 18) X The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. Page 3 of 5 NAME OF APPLICANT: YAVITZ COMPANIES, INC. LOCATION OF PROJECT: 4848 VALLEY VIEW AVE., YORBA LINDA 19) X The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan and the District's Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 20) X The applicant's water facilities (on -site) shall be Privately owned and maintained. 21) X The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test. A District representative shall be present to witness the flow test. 22) X The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 23) The applicant shall install one 1 water Sampling Station(s) in conformance with the District's Standard Plans. 24) X The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 25) X The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 26) X All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 27) X The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 28) X The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 29) X The applicant shall adjust and raise to grade all valve covers within the limits of this project. 30) X The applicant shall install a pressure regulator in all dwellings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 31) X The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to serve the new dwellings. Page 4 of 5 NAME OF APPLICANT: YAVITZ COMPANIES, INC. LOCATION OF PROJECT: 4848 VALLEY VIEW AVE., YORBA LINDA 32) X The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. 33) X The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 34) X The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly prior to the water meters being turned on for service. 35) X The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 36) X The applicant shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District's Backflow Prevention Program and the State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross - Connections. 37) The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 38) X The applicant shall complete an Application to and Agreement for Sewer Service. 39) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Sanitary Sewer Service. 40) X The applicant shall pay all of the sewer fees as required by the Rules and Regulations of the District. 41) X The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan and Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 42) X The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 43) X The applicant's sewer facilities (on -site) shall be Privately owned and maintained. 44) X The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District's Plans and Specifications. Page 5 of 5 NAME OF APPLICANT: YAVITZ COMPANIES, INC. LOCATION OF PROJECT: 4848 VALLEY VIEW AVE., YORBA LINDA 45) X The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. 46) X The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 47) The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. (END OF STANDARD TERMS AND CONDITIONS) PROJECT SPECIFIC TERMS AND CONDITIONS 48) X The applicant shall construct a looped water system by installing an 8 -inch water main from Valley View Ave. to Yorba Linda Blvd., per approved plans and District Specifications. 49) X The applicant shall install a line stop on Yorba Linda Blvd. to temporarily isolate the water system during the installation of the loop tie -in point. 50) X The applicant shall install four new commercial water services, one new fire hydrant, two new fire protection lines and three new fire double check detector assemblies, per approved plans and District Specifications. 51) X The applicant shall install three new sewer laterals, per approved plans and District Specifications. I hereby certify that the foregoing Terms and Conditions were approved at the August 22, 2013 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Application To and Agreement with the Yorba Linda Water District for Water and Sewer Service is not executed for the project under consideration. Steve Conklin, P.E., Acting General Manager a m 0 A V vim � a oa m zm o ac �m �o n ti a a � "z m n � z I Gm0 mm� m0 Cm - OT 09 IMO ��O (n 0 0 00 r CA m m 0 r m m za Imo av zmN mw zmN m mm Oe IUII VALLEY VIEW AVE. I-- '� - - - - - - -- -- - - -- '� --- - - - - -- - - - - -� -- - _ - ----- 1/-(D(. B' SS) -- - - -- it I o as ii Imo; a m— m v— to m m� O Im9 � I I w ti I o' p I a' I m � I � i I� I D II Iz Ip D IW I< lid w8 co 00 xm 00 y 9 A 9 no no 9 m0 am m m O 0 ry v Z N p M A m N O m m �m3 M I<m Ingo �m m A Z 0 N y — a m — x � — z O = O a z� � O a a aw 0 Imo � ^ A c� 0 4 i el �Ip�pI 't : 1 J a . m � a w Z, ti 0 � w I Gm0 mm� m0 Cm - OT 09 IMO ��O (n 0 0 00 r CA m m 0 r m m za Imo av zmN mw zmN m mm Oe IUII VALLEY VIEW AVE. I-- '� - - - - - - -- -- - - -- '� --- - - - - -- - - - - -� -- - _ - ----- 1/-(D(. B' SS) -- - - -- it I o as ii Imo; a m— m v— to m m� O Im9 � I I w ti I o' p I a' I m � I � i I� I D II Iz Ip D IW I< lid w8 co 00 xm 00 y 9 A 9 no no 9 m0 am m m O 0 ry v Z N p M A m N O m m �m3 M I<m Ingo �m m A Z 0 N y — a m — x � — z O = O a z� � O a a aw 0 Imo � ^ A c� 0 4 i el �Ip�pI 't : 1 J a . AGENDA REPORT Meeting Date: August 22, 2013 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Prepared By: Hank Samaripa, Project Engineer Subject: SUMMARY: Budgeted: Total Budget: Cost Estimate: Funding Source Account No: Job No: Dept: Reviewed by Legal: CEQA Compliance: ITEM NO. 6.6 N/A NA NA N/A None J2012 -17 Engineering Yes N/A Verizon Cell Site Lease Agreement at Quarter Horse Reservoir On November 24, 2010 the Board of Director's reviewed the Verizon Cell Site Lease Agreement (Agreement) for the Quarter Horse Reservoir site (site) and authorized the General Manager to execute the Verizon lease subject to the District's legal counsel's review. Legal counsel requested that right -of -way and insurance issues be resolved prior to executing the Agreement. Those issues were never resolved. Recently, a different Verizon team expressed renewed interest in acquiring a land lease at this site. They worked with District staff to negotiate a proposed Agreement and lease where the District receives $32,000 annual payment from Verizon. A copy of the proposed Agreement is attached. STAFF RECOMMENDATION: That the Board of Directors authorize the Acting General Manager to execute the Verizon Cell Site Lease Agreement. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee discussed this matter at the August 5, 2013 meeting and supports staffs recommendation. DISCUSSION: The proposed Verizon cell site Agreement provides terms and conditions for construction of a wireless cell site at the District's Quarter Horse Reservoir site. The initial term of the Agreement is for five (5) years with options for four additional five -year renewal options for a total of 25- years. The District will receive an annual rent of $32,000 per year, with an automatic annual 3% CPI increase. Additionally, Verizon agreed to provide the District with $5,000 upfront payment to offset the staff costs to prepare and review the Agreement. The Quarter Horse cell site lease area is 958 square feet consisting of a small communication equipment block building, two "faux rock" antennas stations, and utility conduits. The project will not require an elevated communications tower. Verizon has received a Conditional Use Permit from the City and has obtained an utility right -of- way from the local Homeowners Association for power and communication. If the Board authorizes execution of this Agreement, legal counsel will review Verizon's insurance endorsements. If all provisions of the insurance requirements are met, legal counsel will sign the Agreement and submit it to the Acting General Manager for execution; afterwards, construction would proceed. STRATEGIC PLAN: WE 1 -B: Explore Alternative Benefits PRIOR RELEVANT BOARD ACTION(S): On November 24, 2010 the Board of Director's reviewed the Verizon Cell Site Lease Agreement for the Quarter Horse Reservoir site and authorized the General Manager to execute the Verizon lease pending District's legal counsel review. The initial terms of the lease were: annual payment of $29,460 per year with 3% automatic rate increase, an initial term of 5 years with four five (5) year renewal options. ATTACHMENTS: Name: Description: Annise Land Lease Agreement (YLWD Revised).pdf Agreement Approved by the Board of Directors of the Yorba Linda Water District 8/22/2013 RC /RK 4 -0 -1 PH was absent. Type: Backup Material SITE NAME: Annise SITE NUMBER: 152561 LAND LEASE AGREEMENT This Land Lease Agreement ( "Agreement ") is made this day of , 2013 between Yorba Linda Water District, a California corporation with a mailing address of P.O. Box 309, Yorba Linda, California 92886, hereinafter designated LESSOR and Los Angeles SMSA Limited Partnership, d/b /a Verizon Wireless, with its principal office located at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920 (telephone number 866 - 862 - 4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party." 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property (the entirety of LESSOR's property is referred to hereinafter as the Property), legally described on Exhibit "A" attached hereto and made a part hereof, and commonly known as Quarter Horse Reservoir, City of Yorba Linda, County of Orange, State of California. The portion of the Property leased by LESSEE shall consist of three (3) parcels of ground space as follows: (i) a parcel containing approximately eight hundred thirty-five (835) square feet (the "Land Space ") and (ii) a parcel containing approximately sixty -five (65) square feet and a parcel containing approximately fifty -three (53) square feet (together, the "Antenna Space "). Separate and apart from this Agreement, LESSEE has obtained easements from the City of Yorba Linda and Kerrigan Ranch II Community Association, a California nonprofit mutual benefit corporation, respectively, for the non - exclusive right of ingress and egress, seven (7) days a week twenty -four (24) hours a day, extending from the nearest public right -of -way, Quarter Horse Drive, to the Property (the "Right -of- Way "). LESSEE acknowledges that LESSOR also holds an easement in the Right of Way and LESSEE shall not unreasonably interfere with LESSOR's use of its easement and acknowledges that LESSEE's easements are subordinate to LESSOR's easement in the Right -of -Way. Notwithstanding the foregoing, LESSOR agrees not to unreasonably interfere with LESSEE's use of its access easement. The Land Space and Antenna Space, hereinafter collectively referred to as the "Premises," are substantially as described herein in Exhibit "B" attached hereto and made a part hereof. LESSEE shall have rights of ingress and egress, seven (7) days a week twenty -four (24) hours a day, on foot, to the Premises via a four -foot (4') wide pathway from the Right -of -Way as depicted in Exhibit `B," and may, on foot, travel between the Land Space and Antenna Space and between the parcels in the Antenna Space. LESSEE shall install and maintain a gate, reasonably acceptable in design to LESSOR, at the intersection of the pathway and the Right of Way. LESSEE may install and maintain utility wires, cables, conduits, and pipes under the Property between the Land Space and Antenna Space and between the parcels in the Antenna Space and to the nearest appropriate utilities provider, as depicted in Exhibit `B." In the event any public utility is unable to use the Right of Way, LESSOR hereby agrees to grant an additional right -of -way either to LESSEE or to the public utility at no cost to LESSEE. The location of any such right -of -way and any agreement required by the appropriate utility or other party for such right -of -way shall be subject to LESSOR's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Any right of way granted to LESSEE or a public utility under this Agreement shall terminate upon the expiration or earlier 17394574_8 1 SITE NAME: Annise SITE NUMBER: 152561 termination of this Agreement, and LESSEE hereby agrees to execute and record such documentation, reasonably requested by LESSOR, evidencing such termination. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey shall be subject to LESSOR's prior written reasonable approval. Any such survey shall be attached hereto as Exhibit "C" and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "B." Cost for such work shall be borne by LESSEE. 3. TERM: RENTAL. a. This Agreement shall be effective as of the date of execution by both Parties ( "Effective Date "), provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of Thirty -Two Thousand and 00 /100 Dollars ($32,000.00) to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 23 below. The Agreement shall commence based upon the earlier to occur of (i) the date LESSEE commences installation of the equipment on the Premises or (ii) the first day of the thirteenth (13th) month following the Effective Date (either, the "Commencement Date "). However, in the event the date LESSEE commences installation of the equipment on the Premises falls between the 1St and 15th of the month, the Agreement shall commence on the 1St of that month and if the date installation commences falls between the 16th and 31St of the month, then the Agreement shall commence on the 1St day of the following month. LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date. LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after a written acknowledgement confirming the Commencement Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1 and the written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by February 13. In exchange for LESSOR's agreement to extend the Commencement Date, LESSEE shall pay to LESSOR an up -front payment in the amount of Five Thousand and 00 /100 Dollars ($5,000.00) as additional rent, within forty-five (45) days after full execution of this Agreement. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. In the event LESSEE fails to pay any rental within ten (10) days after such rental becomes due and payable, then upon ten (10) days notice from LESSOR to LESSEE, the 17394574_8 2 SITE NAME: Annise SITE NUMBER: 152561 LESSEE may be assessed a late fee of five percent (5 %) of the unpaid rental, payable within thirty (30) days after such late fee is assessed. b. LESSOR hereby agrees to provide to LESSEE certain documentation (the "Rental Documentation ") evidencing LESSOR's interest in, and right to receive payments under, this Agreement, including without limitation: (i) documentation, acceptable to LESSEE in LESSEE's reasonable discretion, evidencing LESSOR's good and sufficient title to and/or interest in the Property and right to receive rental payments and other benefits hereunder and (ii) a complete and fully executed Internal Revenue Service Form W -9, or equivalent, in a form acceptable to LESSEE, for any party to whom rental payments are to be made pursuant to this Agreement. From time to time during the Term of this Agreement and within thirty (30) days of a written request from LESSEE, LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. The Rental Documentation shall be provided to LESSEE in accordance with the provisions of and at the address given in Paragraph 23. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by LESSEE and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments until Rental Documentation has been supplied to LESSEE as provided herein. Within a reasonable period of time after obtaining an interest in the Property or this Agreement, any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall provide to LESSEE Rental Documentation in the manner set forth in the preceding paragraph. From time to time during the Term of this Agreement and within thirty (30) days of a written request from LESSEE, any assignee(s) or transferee(s) of LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. Delivery of Rental Documentation to LESSEE by any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall be a prerequisite for the payment of any rent by LESSEE to such party and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments to any assignee(s), transferee(s) or other successor(s) in interest of LESSOR until Rental Documentation has been supplied to LESSEE as provided herein. 4. EXTENSIONS. Provided LESSEE is not in default beyond any applicable notice or cure period, this Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. The initial term and all extension terms shall be collectively referred to herein as "Term ". 5. ANNUAL RENTAL INCREASE. Commencing on the first (1st) annual anniversary of the Commencement Date, and on each annual anniversary thereafter during the Term, the annual rent shall increase by an amount equal to three percent (3 %) of the rent for the immediately preceding year. 6. Intentionally deleted. 17394574_8 3 SITE NAME: Annise SITE NUMBER: 152561 7. TAXES. LESSEE shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the result of LESSEE's use of or presence on the Premises and/or the installation, maintenance, and operation of the LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is located), including any increase in real estate taxes at the Property which LESSOR demonstrates arises from the LESSEE's improvements and/or LESSEE's use of or presence on the Premises. LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies, assessments and other charges imposed including franchise and similar taxes imposed upon the business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that such tax is properly assessed provided that no lien attaches to the Property and LESSOR is not prejudiced in any manner. Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of LESSOR's income taxes in connection with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property and shall do so prior to the imposition of any lien on the Property. LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment; provided that no late charges or fines are assessed against the Property and no liens attach to the Property and LESSOR is not prejudiced in any manner as a result thereof. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent, appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. 8. USE; GOVERNMENTAL APPROVALS. a. Subject to the requirements provided herein, LESSEE shall use the Premises for the sole purpose of constructing, maintaining, repairing and operating a communications facility which shall be concealed by faux rocks attached to a retaining wall as more particularly described in Exhibit B and for uses incidental thereto but for no other purpose. A security fence consisting of chain link construction or similar but comparable construction shall be placed around the perimeter of the Premises by LESSEE (not including the Rights of Way), subject to the prior approval of LESSOR, which shall not be unreasonably withheld, conditioned or delayed. Before commencing any modifications or alterations to the Premises, LESSEE shall submit plans and specifications (together, the "Plans ") to the LESSOR for LESSOR's written approval, which approval shall not be unreasonably withheld, conditioned or 17394574_8 4 SITE NAME: Annise SITE NUMBER: 152561 delayed (and in no event delayed beyond twenty (20) days after LESSEE's request for approval). In the event LESSOR (i) fails to respond to LESSEE's proposed Plans within twenty (20) days of LESSEE's request, or (ii) fails to provide a response within twenty (20) days of receipt of revised Plans from LESSEE after comment from LESSOR, the Plans will be deemed approved. Notwithstanding the foregoing, LESSEE shall have the right to alter or replace the communications facility at any time during the Term with equipment that is of similar or smaller size, shape, or number, upon prior written notice to LESSOR. For other alterations, including (i) an increase in the number or size of antennas or dishes, (ii) an increase in the height of the communications facility or (iii) the substitution of substantially larger equipment, LESSOR must pre- approve in writing such alterations, which approval may be withheld in LESSOR's sole discretion. Notwithstanding anything to the contrary contained herein and prior to commencing construction of the communications facility, LESSEE shall perform radio frequency emission testing to confirm that LESSEE's use of the Premises shall be in compliance with any applicable laws, rules or regulations. LESSEE shall provide to LESSOR a copy of the results of such testing. LESSEE may not use, nor maintain, motorized vehicles on the Property; provided, however, that LESSEE shall be permitted to bring motorized vehicles and/or heavy machinery on the portion of the Property designated as the "Construction Prep Area," as described and depicted in Exhibit `B" attached hereto, in connection with any construction activities. b. LESSEE's communications facility and all modifications, repairs and maintenance thereto shall be constructed, placed and made in a first -class workmanlike manner, in accordance with this Agreement and Exhibit `B." LESSEE shall cause all construction to occur lien -free and in compliance with all applicable laws and ordinances. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted, and shall remove any and all debris resulting from its construction and/or use of the Premises. Construction of LESSEE's communications facility shall be coordinated with LESSOR and conducted so as not to create an unsafe or dangerous condition or unduly interfere with the conduct of any other activities at the Property. All work to be done by LESSEE shall be performed in accordance with plans approved by LESSOR pursuant to Section 8(a) above. LESSOR shall not be liable for any loss, damage or injury to any of LESSEE's property that is shipped or otherwise delivered to the Property or stored in or on the Premises, except to the extent such loss, damage or injury is caused by the negligence or willful misconduct of LESSOR, its employees, agents, or contractors. LESSOR shall assume no responsibility for losses suffered by LESSEE, its agents, employees or invitees which are occasioned by theft or the disappearance of equipment or other personal property except to the extent such loss, damage or injury is caused by the negligence or willful misconduct of LESSOR, its employees, agents, or contractors. C. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals ") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of the Premises as set forth above. At no cost or expense to LESSOR, LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally 17394574_8 W1 SITE NAME: Annise SITE NUMBER: 152561 rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority, provided LESSEE uses its best efforts to obtain or maintain any such Governmental Approval; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) prior to commencing construction of its communications facility LESSEE determines that any soil boring tests are unsatisfactory; (v) LESSEE determines that the Premises is no longer technically compatible for its use, or (vi) LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary, LESSEE shall have the right to terminate this Agreement. Notwithstanding the foregoing, in the event LESSEE terminates this Agreement pursuant to subsections (v) or (vi) above, LESSEE shall pay to LESSOR a termination fee in an amount equal to three (3) months of the monthly rental then in effect. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the first (P) day of the month following receipt thereof by LESSOR, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, LESSEE shall have no further obligations for the payment of rent to LESSOR. d. LESSOR agrees to use commercially reasonable efforts to maintain the Property (excluding the Premises) including any landscaping and irrigation systems. LESSOR shall be responsible for the reasonable cost associated with any damage or loss to LESSEE's communications facility caused by LESSOR's failure to maintain the Property. 9. Intentionally deleted. 10. INDEMNIFICATION AND INSURANCE. a. LESSEE agrees that at its own cost and expense, it will maintain commercial general liability insurance with limits not less than $5,000,000 combined single limit coverage for bodily injury and property damage in any one occurrence. LESSEE agrees that it will provide an insurance certificate naming LESSOR as an additional insured. LESSEE shall provide LESSOR thirty (30) days prior written notice of cancellation of any policy required herein. Failure to provide LESSOR with proof of insurance required herein following ten (10) business days written notice from LESSOR shall constitute a breach of this Agreement and this Agreement shall be terminated in accordance with Paragraph 28 below. b. LESSOR agrees that at its own cost and expense, it will maintain commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. C. LESSOR's additional insurance and indemnity requirements are set forth in Exhibit "D" attached hereto and incorporated herein. In the event of any conflict between the 17394574_8 6 SITE NAME: Annise SITE NUMBER: 152561 insurance requirements in this Paragraph 10 and the additional insurance requirements of Exhibit "D ", the additional insurance requirements of Exhibit "D" shall control. 11. LIMITATION OF LIABILITY. Neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 12. Intentionally deleted. 13. INTERFERENCE a. Subject to Section 13(b) below, LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of operations of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In addition to the foregoing, LESSEE shall not unreasonably disturb, obstruct, interfere or otherwise impair the operations of LESSOR and LESSOR's tenants, lessees, and licensees on the Property. LESSEE hereby acknowledges that LESSOR is a public agency that provides water resources to residents in the areas surrounding the Property. In the event that LESSEE interferes in any manner with LESSOR's water supplying equipment, and after LESSOR has notified LESSEE in writing of such interference, LESSEE shall take all steps necessary to correct and eliminate the interference within twenty -four (24) hours after receipt of notice of such interference from LESSOR, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. In the event of any interference with LESSOR or LESSOR's tenants or licensees at the Property other than in connection with LESSOR's water supplying equipment, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference within seventy -two (72) hours after receipt of notice of such interference from LESSOR, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. In the event LESSEE determines that such harmful interference exists as a result of LESSOR and/or any other tenants of the Property, LESSOR reserves the right to contest the validity of such a determination. In such an event, the parties hereby agree to hire a mutually agreed upon independent third party to evaluate whether or not such harmful interference exists. The cost of such third party shall be shared equally between LESSOR and LESSEE. To the extent LEESEE's operations are not within the parameters of its FCC license, this protection from co- located interference will not be applicable, but it shall be applicable with respect to those operations, or portions thereof, falling within the FCC license parameters. Notwithstanding the foregoing, LESSEE's right to be free from interference and LESSOR's 17394574_8 7 SITE NAME: Annise SITE NUMBER: 152561 duties concerning the prevention and/or correction of interference shall be subject to subparagraph (b) below. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Parry shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. Notwithstanding anything to the contrary contained herein, LESSOR specifically reserves the right to lease other portions of the Property to other parties during the term of this Agreement and any month -to -month tenancy thereafter. In connection therewith, LESSEE agrees that LESSOR may, at it sole cost and expense, modify or expand the faux rocks installed by LESSEE at the Premises to accommodate such other parties, provided LESSOR complies with its interference obligations as set forth in this Paragraph 13. Such modification or expansion of the faux rocks shall be subject to LESSEE's approval which shall not be unreasonably withheld, conditioned or delayed (and in no event delayed beyond twenty (20) days after LESSOR's request for approval). In the event LESSEE (i) fails to respond to LESSOR's proposed modification or expansion within twenty (20) days of LESSOR's request; or (ii) fails to provide a response within ten (10) days of a revised modification or expansion by LESSOR after comment from LESSEE, the modification or expansion will be deemed approved. b. In the event that LESSEE commences using the Premises in a manner as to which LESSEE is not presently licensed by the FCC but with respect to which LESSEE hereafter obtains necessary FCC licensure, LESSEE's right to conduct such particular use shall be subordinate to the use of the Property by LESSOR, and other lessees thereof existing on or before the date on which LESSEE commences such use. LESSOR shall be under no obligation to exercise the duties concerning interference described above in subparagraph (a) with respect to a future use of the Premises by Lessee as described in this subparagraph (b). 14. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within sixty (60) days after any earlier termination of the Agreement, remove its building(s), antenna structure(s), equipment, conduits, fixtures and all personal property (including footings up to 3 feet below grade) (collectively, the "Equipment ") and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that the Equipment shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws (as defined in Paragraph 33 below). If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall continue to perform its obligations under the Agreement, including without limitation, paying rent at the then existing monthly rate or on the existing monthly pro -rata basis if based upon a longer payment term, until such time as the removal of the Equipment is completed. Any Equipment not removed by LESSEE pursuant to this Paragraph 13 shall be deemed abandoned and may be removed and disposed of by LESSOR in such a manner as LESSOR shall determine and at LESSEE's reasonable expense, without any obligation on the part of LESSOR to account to LESSEE for any proceeds therefrom. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of the removal period set forth herein. In addition to the foregoing, LESSEE shall reimburse LESSOR 17394574_8 8 SITE NAME: Annise SITE NUMBER: 152561 for reasonable expenses incurred in restoring the Premises should LESSEE fail to restore the Premises as provided in this Paragraph 14. 15. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 14 herein. In the event that LESSEE holds over in violation of Paragraph 14 and this Paragraph 15, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 14 shall be increased to one hundred and twenty percent (120 %) of the rent applicable during the month immediately preceding such expiration or earlier termination. 16. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term to grant to a third parry by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer. 17. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property to a purchaser other than LESSEE, or (ii) to grant to a third parry by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. 18. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises, subject to the requirements set forth herein. 19. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that to the best of its knowledge there are no liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 20. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a 17394574_8 M SITE NAME: Annise SITE NUMBER: 152561 written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Parry to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 21. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State of California without regard to the conflict of laws principles thereof. The parties hereby consent to venue and jurisdiction in the courts of Orange County in the event litigation is commenced to enforce this Agreement, and the losing party shall reimburse the prevailing party's costs, expenses and reasonable attorney's fees. 22. ASSIGNMENT. This Agreement may be sold, assigned or transferred by LESSEE without any approval or consent of LESSOR to LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization, provided the assignee assumes all of LESSEE's obligations herein accruing after the date of such assignment. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. LESSEE shall not sublet the Premises without the prior written consent of LESSOR, which consent may be withheld in LESSOR's sole discretion. LESSOR shall have the right to assign or otherwise transfer this Agreement without LESSEE's consent, which assignment may be evidenced by written notice to LESSEE within a reasonable period of time thereafter. LESSOR shall be relieved of all liabilities and obligations accruing after the date of the assignment and LESSEE shall thereafter look solely to the assignee for performance under this Agreement and all obligations hereunder. 23. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): 17394574_8 LESSOR: Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885 Attention: General Manager 10 SITE NAME: Annise SITE NUMBER: 152561 LESSEE: Los Angeles SMSA Limited Partnership d/b /a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 24. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 25. Intentionally deleted. 26. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer at LESSEE's sole cost and expense. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 27. DEFAULT. a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non - monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within ten (10) days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation materially interferes with LESSEE's ability to conduct its business on the Property; provided, 17394574_8 11 SITE NAME: Annise SITE NUMBER: 152561 however, that if the nature of LESSOR's obligation is such that more than ten (10) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such ten (10) day period and thereafter diligently pursued to completion. 28. REMEDIES. Upon a default, the non - defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The reasonable costs and expenses of any such performance by the non - defaulting Party shall be due and payable by the defaulting Party within thirty (30) days after receipt of invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement beyond the applicable notice and cure period, without limiting the non - defaulting Party in the exercise of any right or remedy which the non - defaulting Party may have by reason of such default, the non - defaulting Party may terminate the Agreement and /or pursue any remedy now or hereafter available to the non - defaulting Party under the Laws or judicial decisions of the state in which the Premises are located. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount of the reasonable costs and expenses of LESSEE performing a duty or obligation of LESSOR which LESSOR has failed to perform beyond the applicable notice and cure period, within thirty (30) days of its receipt of an invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount due against all fees due and owing to LESSOR. 29. ENVIRONMENTAL. a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises. b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) LESSOR's failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non - compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 17394574_8 12 SITE NAME: Annise SITE NUMBER: 152561 C. LESSEE will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to any LESSEE activity conducted in, on, or in any way related to the Premises, unless such conditions or concerns are caused by the specific activities of LESSOR at the Property. d. LESSEE shall hold LESSOR harmless and indemnify LESSOR from and assume all duties, responsibility and liability at LESSEE's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) LESSEE's failure to comply with any environmental or industrial hygiene law as relates to LESSEE's use of the Premises, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non - compliance results from conditions caused by LESSOR; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Premises caused by LESSEE's activities conducted thereon, unless such environmental conditions are caused by LESSOR. LESSEE shall immediately notify LESSOR in writing upon becoming aware of any release of hazardous material by LESSEE at the Property, any violation of any environmental law at the Property by LESSEE, or actions brought by third parties against the LESSEE alleging environmental damage at the Property. 30. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within ninety (90) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than ninety (90) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and LESSEE shall make all payments of rent through and including such termination date, with respect to payments due LESSOR under this Agreement. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. In the event the Premises or LESSEE's communications facility is destroyed as a result of LESSEE's acts and LESSEE elects to terminate this Agreement under this particular circumstance, LESSEE shall pay to LESSOR liquidated damages in the amount equal to four (4) months of the then - current rental amount. If, however, LESSEE elects not to terminate the Agreement, then LESSEE shall continue to pay rent during the time LESSEE repairs or replaces its communications facility. 17394574_8 13 SITE NAME: Annise SITE NUMBER: 152561 31. CONDEMNATION. In the event of any condemnation of all or any portion of the Property, this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises or Property, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than ninety (90) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and LESSEE shall make rental payments through and including such termination date with respect to payments due to LESSOR under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total area of the Premises. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. 32. SUBMISSION OF AGREEMENT /PARTIAL INVALIDITY /AUTHORITY. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Parry's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 33. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws "). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 17394574_8 14 SITE NAME: Annise SITE NUMBER: 152561 34. SURVIVAL. The provisions of the Agreement relating to indemnification from one Parry to the other Parry shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 35. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 36. BROKERS. If either party is represented by any broker or any other leasing agent, such parry is responsible for all commissions, fees or other payments to such agent, and agrees to indemnify and hold the other party harmless from all claims by such broker or anyone claiming through such broker. 37. CONDITION OF THE PREMISES. Subject to the terms and conditions of this Agreement, LESSEE hereby accepts the Premises "AS IS" (in the condition existing as of the Effective Date of the Agreement), subject to all applicable zoning, municipal, county and state laws and ordinances governing the use of the Premises and any covenants or restrictions of record and accepts this Agreement subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Except for any representations or warranties expressly contained in this Agreement, LESSEE acknowledges that neither LESSOR nor LESSOR's agents have made any representations or warranties as to the present or future suitability of the Premises for the conduct of LESSEE's business. 38. MARKING AND LIGHTING REQUIREMENTS. LESSEE shall comply with the Federal Aviation Administration ( "FAA ") and FCC requirements applicable to its use of the Premises. LESSEE shall indemnify and hold LESSOR harmless from any fines or other liabilities to the extent caused by LESSEE's failure to comply with such requirements. Should LESSOR be cited by either the FCC or FAA because LESSEE's use of the Premises is not in compliance with applicable FCC or FAA requirements, which citation is final and non- appealable or which citation is affirmed and becomes final after the exhaustion of all available appeals concluding that the LESSEE's use as set forth in this Agreement fails to comply with applicable FCC or FAA requirements, and should LESSEE fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, LESSOR may either terminate this Agreement or proceed to cure the conditions of noncompliance at LESSEE's reasonable expense. 39. REDEVELOPMENT. In the event LESSOR intends to redevelop, subdivide, rezone, demolish, reconstruct or alter (collectively "Redevelop" or, as a noun, "Redevelopment ") the Property, then, to the extent necessary or convenient in connection with such Redevelopment, LESSOR shall have the right, following the tenth (10th) anniversary of the Commencement Date and upon at least six (6) months prior written notice to LESSEE, to require LESSEE relocate its communications facility to another location on the Property reasonably acceptable to LESSEE and LESSOR, similar in area and appropriateness for LESSEE's continued operations at the Property (the "Alternate Site ") which will not interfere with the 17394574_8 15 SITE NAME: Annise SITE NUMBER: 152561 Redevelopment of the Property and subject to the interests of other pre- existing tenants. Such relocation shall be at a LESSOR's reasonable cost and expense, however such expense shall be in the form of a rent abatement and shall not exceed One Hundred Thousand and No/ 100 Dollars ($100,000.00). In order to continue LESSEE's operations from the Property, LESSEE shall have the right (including the grant of all necessary easements and rights -of -way) to construct, install and maintain temporary facilities in or about the Property, subject to the terms of the Agreement, in such locations as will not interfere with any pre- existing tenants or any Redevelopment of the Property. If, in LESSEE's sole, reasonable judgment, there is no Alternate Site suitable for its communications facility or LESSEE's continued operations from the Property, LESSEE's sole and exclusive right and remedy shall be to terminate this Agreement effective upon LESSOR's receipt of written notice from LESSEE. Within thirty (30) days of receipt of notice of LESSOR's intent to redevelop the Property, LESSEE shall notify LESSOR of its election to either (i) relocate its communications facility to another location on the Property or (ii) terminate the Agreement. LESSEE and LESSOR shall cooperate in good faith to schedule the relocation at a mutually agreeable time and in a mutually agreeable manner. IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. 17394574_8 LESSOR: Yorba Linda Water District By:_ Name: Title: Date: LESSEE: Los Angeles SMSA Limited Partnership, d/b /a Verizon Wireless By: AirTouch Cellular its General Partner 16 By: Name: Walter L. Jones, Jr. Title: Area Vice President Network Date: SITE NAME: Annise SITE NUMBER: 152561 See attached. 17394574_8 Exhibit "A" Legal Description of the Property 17 EXHIBIT "A" The "Property" All that certain real property situated in the County of Orange, State of California, described as follows: Parcel No. 1: Lot A of Tract No. 15566, in the City of Yorba Linda, County of Orange, State of California, described as follows: Lot A of Tract No. 15566, as shown on the Subdivision Map for said Tract, filed August 6, 2003, in Book 847, Page(s) 28 to 35, inclusive, of Miscellaneous Maps, in the Office of the Orange County Recorder. Parcel No. 2: Nonexclusive easements for access, drainage, encroachment, maintenance, repair, and for other purposes, all as may be shown on the Map, and as described in the Declaration and the Notice. Assessor's Parcel Number: 326 - 161 -45 31926972.2 SITE NAME: Annise SITE NUMBER: 152561 See attached. 17394574_8 Exhibit `B" Description of the Premises 18 I I — — 4(E) CONCRETE WALK (E) SWALE /(E) VAULT WITHIN W.I. FENCE ENCLOSURE I I 16" C-105 OVERFLOW VERIFY IN FIELD) I A.P.N. 326-161-41 / / I I PROPOSED VERIZON WIRELESS — I — — — — — — ANTENNA SPACE, 65 SF I I I II A.P.N. 326 -161 -45 I II PROPOSED LESSEE LAND j w I I SPACE / A.P.N. 326-161-42 835 SF IZ -- -- L _ - ------ - - - - -- _ a - -- I II \ I� (E) POWER S TELGO PULL BOX / PROPERTY LINE i i 1 i i L 1 A.P.N. I o II D _4\4 f I I PROPERTY LINE A.P.N. 326-161-43 - I I I I I PROPOSED LESSEE 4' -0" WIDE NON— EXCLUSIVE GRAVEL I I PEDESTRIAN ACCESS PATH OF IIII TRAVEL -� -- II / 52-0" I83 "- / LEASE AREA - AREA A.P.N. 326- 081 -01 (E) 12" CMCL STL. INLET VERIFY IN FIELD) PROP05EP LESSEE ANTENNA SPACE, 53 SF CONSTRUCTION PREP AREA Q (E) SWALE, PROTECT IN PLAGE PROPOSED LESSEE RIGHT OF �� V WAY OBTAINED FROM HOA �� ��� 9 I PROPOSED LESSEE METER \� \ \� // __ ------- - - - - -- PEDESTAL UTILITY P.O.G. APPROX. 960 FT. PROPOSED LE55EE STEP UP TRANSFORMER PROPOSED LE55EE UTILITY JOINT�� TRENCH TO LEASE AREA A.P.N. 326 - 161 -46 MAG —N EXHIBIT B LEASE EXHIBIT-- ANNISE- -YORBA LINDA WATER DISTRICT, QUARTER HORSE RESERVOIR, YORBA LINDA, CA 92886 SCALE @71x17:1 " --- " 1 1 j SCALE 0 24x36: 1" -- 40'A" O' 20' 40' 60' SITE NAME: Annise SITE NUMBER: 152561 Exhibit "C" Survey (To be attached at a later date if a Survey is obtained) 17394574_8 19 TITLE REPORT IDENTIFICATION: APN 326 - 161 -46 LAWYERS TITLE COMPANY, PRELIMINARY TITLE REPORT -V3 N0. 12404738 -10, DATED AS OF MARCH 25, 2013. EASEMENT NOTES: APN 326 - 161 -46 EASEMENT(S) SHOWN HEREON ARE PER LAWYERS TITLE COMPANY, PRELIMINARY TITLE REPORT -V3 NO. 12404738 -10, DATED AS OF MARCH 25, 2013. 3 "RECIPROCAL TEMPORARY GRADING, MAINTENANCE AND IMPROVEMENT EASEMENTS" RECORDED JULY 11, 2002 AS INSTRUMENT NO. 20020581182 OF OFFICIAL RECORDS. (NOT PLOTTABLE FROM SAID DOCUMENT) A5 AN EASEMENT GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY FOR PUBLIC UTILITIES, RECORDED MAY 21, 2003 AS INSTRUMENT NO. 2003000591027 OF OFFICIAL RECORDS. 6 AN EASEMENT FOR STREET PURPOSES (RED ROAN LANE, WELSH PONY LANE, TROTTER LANE, WINNERS CIRCLE AND QUARTER HORSE DRIVE) SHOWN ON TRACT NO. 15566, M.M. 847/28 -35. 7Q AN EASEMENT FOR SEWER LINE, AS SHOWN ON THE RECORDED MAP OF TRACT NO. 15566. ® AN EASEMENT FOR STORM DRAIN, AS SHOWN ON THE RECORDED MAP OF TRACT NO. 15566. 9Q AN EASEMENT FOR EQUESTRIAN TRAIL, AS SHOWN ON SAID MAP AS SHOWN ON THE RECORDED MAP OF TRACT NO. 15566. QAN EASEMENT FOR INGRESS, EGRESS, ACCESS, PIPE LINES, MAINTENANCE, AS SHOWN ON SAID MAP AS SHOWN ON THE RECORDED MAP OF TRACT N0, 15566. 15 AN EASEMENT GRANTED TO SOUTHERN CALIFORNIA GAS COMPANY FOR PUBLIC UTILITIES, RECORDED OCTOBER 30, 2003 AS INSTRUMENT NO. 2003001333755 OF OFFICIAL RECORDS. (NOT PLOTTABLE FROM SAID DOCUMENT) AAN EASEMENT GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY FOR ELECTRICAL SUPPLY SYSTEMS AND COMMUNICATION SYSTEMS, RECORDED APRIL 20, 2006 AS INSTRUMENT NO. 2006000265711 OF OFFICIAL RECORDS. 0 DENOTES ITEM PLOTTED HEREON TITLE REPORT IDENTIFICATION: APN 326 - 161 -45 LAWYERS TITLE COMPANY, PRELIMINARY TITLE REPORT -V4 NO. 12404725 -10, DATED AS OF MARCH 25, 2013. EASEMENT NOTES: APN 326 - 161 -45 EASEMENT(S) SHOWN HEREON ARE PER LAWYERS TITLE COMPANY, PRELIMINARY TITLE REPORT -V4 NO. 12404725 -10, DATED AS OF MARCH 25, 2013. 2 "RECIPROCAL TEMPORARY GRADING, MAINTENANCE AND IMPROVEMENT EASEMENTS" RECORDED JULY 11, 2002 AS INSTRUMENT NO. 20020581182 OF OFFICIAL RECORDS. (NOT PLOTTABLE FROM SAID DOCUMENT) ❑ 3 AN EASEMENT GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY FOR PUBLIC UTILITIES, RECORDED MAY 21, 2003 AS INSTRUMENT NO. 2003000591027 OF OFFICIAL RECORDS. 4 AN EASEMENT FOR STREET PURPOSES (RED ROAN LANE, WELSH PONY LANE, TROTTER LANE, WINNERS CIRCLE AND QUARTER HORSE DRIVE) SHOWN ON TRACT NO. 15566, M.M. 847/28 -35. E5 AN EASEMENT FOR STORM DRAIN, AS SHOWN ON THE RECORDED MAP OF TRACT NO. 15566. I6-1 AN EASEMENT FOR EQUESTRIAN TRAIL, AS SHOWN ON E RECORDED MAP OF TRACT NO. 15566. Q AN EASEMENT FOR PUBLIC UTILITY, AS SHOWN ON THE RECORDED MAP OF TRACT NO. 15566. 0 AN EASEMENT FOR INGRESS, EGRESS, ACCESS, PIPE LINES, MAINTENANCE, AS SHOWN ON THE RECORDED MAP OF TRACT NO. 15566. 10 AN EASEMENT FOR ACCESS, AS SHOWN ON THE RECORDED MAP OF TRACT NO. 15566. 12 AN EASEMENT GRANTED TO SOUTHERN CALIFORNIA GAS COMPANY FOR PUBLIC UTILITIES, RECORDED OCTOBER 30, 2003 AS INSTRUMENT NO. 2003001333755 OF OFFICIAL RECORDS. (NOT PLOTTABLE FROM SAID DOCUMENT) 13 AN EASEMENT GRANTED TO PACIFIC BELL TELEPHONE COMPANY FOR PUBLIC UTILITIES, RECORDED DECEMBER 4, 2003 AS INSTRUMENT NO. 2003001449900 OF OFFICIAL RECORDS. 14 AN EASEMENT GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY FOR PUBLIC UTILITIES, RECORDED DECEMBER 31, 2003 AS INSTRUMENT NO. 2003001532354 OF OFFICIAL RECORDS. (DOES NOT AFFECT LOT "A ") 18 AN EASEMENT FOR PUBLIC UTILITIES, RECORDED NOVEMBER 2, 2005 AS INSTRUMENT NO. 2005000880987. (NOT PLOTTABLE FROM SAID DOCUMENT) ❑ DENOTES ITEM PLOTTED HEREON TITLE REPORT IDENTIFICATION: APN 326 - 161 -44 COORDINATES: LAWYERS TITLE COMPANY, PRELIMINARY TITLE REPORT —V2 "1" "2" N0. 09304700 -10, DATED AS OF MARCH 25, 2013. PROPOSED FAUX ROCK PROPOSED FAUX ROCK LATITUDE 3354'19.47" N 33'54'19.29" N LONGITUDE 117'47'00.36" W 11 T47'02.77" W EASEMENT NOTES: APN 326- 161 -44 NAD 1983 GEODETIC COORDINATES WERE ESTABLISHED USING SURVEY GRADE " ASHTECH" G.P.S. RECEIVERS AND ASHTECH EASEMENT(S) SHOWN HEREON ARE PER LAWYERS TITLE SURVEY GRADE PRECISION SOFTWARE FOR POST— PROCESSING. COMPANY, PRELIMINARY TITLE REPORT —V2 NO. 09304700 -10, DATED AS OF MARCH 25, 2013. BASIS OF BEARINGS: 3 AN EASEMENT FOR RECREATIONAL TRAIL, SHOWN ON TRACT NO. 14344, M.M. 764/8 -14. (SAID ESMT. WAS THE CENTERLINE OF QUARTER HORSE DR. BEING NORTH ABANDONED BY TRACT NO. 15566, M.M. 847128 -85) 37*30'00" WEST PER TRACT MAP NO. 15566, M.M. 847/28 -35, RECORDS OF ORANGE COUNTY. 4 A "RECIPROCAL TEMPORARY GRADING, MAINTENANCE AND IMPROVEMENT EASEMENTS AND COVENANTS RUNNING WITH THE LAND AGREEMENT" RECORDED JULY 11, 2002 AS ASSESSOR'S IDENTIFICATION: INSTRUMENT NO. 20020581182, OF OFFICIAL RECORDS. (NOT PLOTTABLE FROM SAID DOCUMENT) AN EASEMENT GRANTED TO SOUTHERN CALIFORNIA ORANGE COUNTY A.P.N. 326 - 161 -44 ED ISON COMPANY FOR PUBLIC UTILITIES, RECORDED MAY 21, 2003 AS INSTRUMENT NO. 2003000591027 OF OFFICIAL AREA: RECORDS. r8) AN lal AN EASEMENT FOR STORM DRAIN, SHOWN ON TRACT N0. 2.657± ACRES PER ORANGE COUNTY ASSESSOR 566, M.M. 847/28 -35. AN EASEMENT FOR EQUESTRIAN TRAIL, SHOWN ON TRACT BENCH MARK: 0. 15566, M.M. 847/28 -35. U.S.G.S. BENCH MARK "BM 1201" 11 AN EASEMENT FOR INGRESS, EGRESS, ACCESS, PIPE "BM LINES, SHOWN ON TRACT N0, 15566, M.M. 847/28 -35. UNITED STATES GEOLOGICAL SURVEY BENCH MARK 1201" AS SHOWN ON THE " YORBA LINDA" 7.5 MINUTE QUADRANGLE MAP. 12 AN EASEMENT FOR ACCESS, SHOWN ON TRACT NO. 15566, M.M. 847/28 -35. ELEVATION: 1,203.5 FEET A.M.S.L. (NAVD88) 13 AN EASEMENT GRANTED TO PACIFIC BELL TELEPHONE COMPANY FOR PUBLIC UTILITIES, RECORDED DECEMBER 4, DATE OF SURVEY: 2003 AS INSTRUMENT NO. 2003001449900 OF OFFICIAL RECORDS. OCTOBER 6, 2008 14 A DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS, RECORDED FEBRUARY 6, 2004 AS INSTRUMENT NO. 2004000095589 OF OFFICIAL LIVING PLANTS STATEMENT: RECORDS. MODIFICATION RECORDED AUGUST 24, 2004 AS INSTRUMENT NO. 2004000768373 OF OFFICIAL RECORDS. THE HEIGHTS AND ELEVATIONS FOR THE TREES, BUSHES AND MODIFICATION RECORDED AUGUST 25, 2004 AS INSTRUMENT OTHER LIVING PLANTS SHOWN HEREON, SHOULD BE CONSIDERED NO. 2004000771067 OF OFFICIAL RECORDS. (GENERAL APPROXIMATE ( + / -) AND ONLY VALID FOR THE DATE OF THIS ESMTS., EXACT LOCATION NOT GIVEN IN DOCUMENT) SURVEY. THEY ARE PROVIDED AS A GENERAL REFERENCE AND O DENOTES ITEM PLOTTED HEREON SHOULD NOT BE USED FOR DESIGN PURPOSES. LEGAL DESCRIPTION: APN 326- 161 -44 PARCEL 1: LOT 81 OF TRACT NO. 15566, IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 847, PAGES 28 TO 35 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OF THE OIL, GAS AND HYDROCARBONS IN AND UNDER SAID LAND (INCLUDING THE TOP 500 FEET OF THE SUBSURFACE THEREOF) AS RESERVED BY SHELL WESTERN E &P, INC., IN DEED RECORDED DECEMBER 9, 1988 AS INSTRUMENT NO. 88- 640963 OF OFFICIAL RECORDS; PROVIDED, HOWEVER, THAT SUCH DEED PROVIDES NO RIGHT TO ENTER UPON, USE OR OCCUPY THE SURFACE OF SAID LAND OR TO DRILL INTO ANY PORTION OF SAID LAND TO EXPLORE FOR OR PRODUCE SUCH OIL, GAS OR HYDROCARBONS. PARCEL 2: NON- EXCLUSIVE EASEMENTS FOR ACCESS, STORM DRAIN, EQUESTRIAN TRAIL, INGRESS, EGRESS, PIPELINES, MAINTENANCE AND OTHER PURPOSES AS SHOWN AND DEDICATED ON SAID TRACT NO. 15566 OF SAID COUNTY. SEE SHEET LS -2 FOR BOUNDARY INFO. SEE SHEET LS -3 FOR SITE DETAILS ven Lnwireless 15505 SAND CANYON AVE. BUILDING 'D' 1st FLOOR IRVINE, CA 92618 PHONE (949) 286 -7000 ULSANG R C H I T E C T U R E 3400 VIA OPORTO, SUITE 204 NEWPORT BEACH, CA 92663 PHONE: (949) 723 -0042 SEAL Rt LA�SGq`�� No. 7211 * Ev.3 -31 -12 OF CA��Fd�\Q PREPARED BY: AND A S S 0 C I ATES, IN C. LAND SURVEYING & MAPPING 3188 AIRWAY AVENUE, SUITE K1 COSTA MESA, CALIFORNIA 92626 714 557 -1567 OFFICE 714 557 -1568 FAX SUBMITTALS REV. DATE DESCRIPTION JBY 1 10/10/08 ISSUED FOR REVIEW 2 11/24/08 ADDED TITLE INFO. 3 12/30/08 UPDATED CEO. COOR. YT LOCATION 4 7/23/09 UPDATED GEO. COOR. CWW LOCATION 5 11/30/09 UPDATED GEO. COOK. JA LOCATION 6 01/19/10 ADDED TOPO YT 7 01/13/11 ADDED TITLE INFO. JA LOTS "A" & "D" 8 01/21/11 REV, APN BK. NO.S CAW 9 06/28/11 REVISED TITLE INFO. JA ANNISE YORBA LINDA WATER DIST. QUARTER HORSE RESERVOIR YORBA LINDA, CA 92886 SHEET TITLE TOPOGRAPHIC SURVEY SHEET NUMBER LS -1 LEGEND: CB CATCH BASIN SDMH STORM DRAIN MANHOLE ® BLOCK WALL CFL CONCRETE FLOW LINE TC TOP OF CURB CENTERLINE CPD CONCRETE PAD TG TOP OF GRATE D DIAMETER TOE TOE OF SLOPE v FIRE HYDRANT DL DAYUGHT TOP TOP OF SLOPE 0 FOUND MONUMENT WROU EBX ELECTRICAL BOX TR TREE EDVLT EDISON VAULT TRN TRANSFORMER a GRATE EM ELECTRICAL METER TRPN PINE TREE EOC EDGE OF CONCRETE TVLT TELCO VAULT ® STORM DRAIN MANHOLE EP EDGE OF PAVEMENT TW TOP OF WALL ® UTILITY BOX FD FOUND UBX UTILITY BOX FEN FENCE ALT VAULT ® WATER CAN N4 FH FIRE HYDRANT W WIDTH 9 WATER METER GB GRADE BREAK WC WATER CAN GT GATE WHIP OMNI WHIP ANTENNA I8 WATER VALVE GTP GATE POST W1F WROUGHT IRON FENCE w� WROUGHT IRON FENCE H HEIGHT WK WALKWAY IN INCHES WM WATER METER YARD UGHT IP IRON PIPE WV WATER VALVE 13 Al LIT LEAD, TACK, AND TAG YL YARD LIGHT NG NATURAL GROUND NT NAIL AND TAG S/W SPIKE AND WASHER SCALE: 1" = 40' 40' 6, 20• 40• 90• 89 TO 88350 NO ag000 (D E1 8 13 20' TOP I � � �I.GD I I A.P.N.326- 161 -41 / Q❑ 012 660 m aea I — — I OT A NO 884. I I I 884.7' APR 328- 161 -45 9,., " �o I LOT / y�''SO OP �Z I S II A.P.N. 326-161-42 80 IM I I as 1 Iz _ - - -� -- e75.10 � � \\ I NO _ —I tif. 879.75 \ 880.20 I 21' I� ❑5 Og b TOP \ \ 27' If_ I 869.76 [ft 3,011zl 13 I T' O / 6'•/ N90'00'00 "E' R =135.0 R=288 00' 76.33' 1270 w•� / ENCE 9 SATE F�' r fi7J EW I 940.00 WOOS OZ 3❑ZE 925.10 30 TC 2 ay NG 9 IK 92290 yCZB�O' a /� ° NO I 937.80 otm h1/ \ ?o TOP �'�� W _ 900.92 / a FD LTT I 9�'� Y N �0 z '`o °$� � yoo�'T'°o 9aG� T 10 z° 13 Q 927.90 897 �/ I 9 �E90 3 B I 934.80 w,�j Jjk?'�° TOP 1:2 Ld o T�'� i ?G`DIRT, 9�,to U 0 2 \ // 995¢5 i o /N 89850 �20 e`� ^AA hp USX,, °' 1 0N'.ty. 90 s BZ, &y4 91 &l0 9ryA. I 4kb�B,p yC '� 924.20 4'0 '� NG 9 I ' I \�„i NG 92200 13 SEE SHEET L 3 FORE] \o ' DIRT, I I DETAIL �6 � � i LOT Jl 70 I I A.P.N. 326 - 161 -44 'DIRT, or NO I i GEODETIC 1.62 1 COORDINATE GEODETIC / w I cpD i LOCATION COORDINATE w (PROPOSED FAUX LOCATION ROCK 2 ") (PROPOSED FAUX Z 94 I at, I ROCK "1 ") I I I \ 92136 = / A I o \LT ,aG `DIRT, gr Y o❑5 8 13 'DIRT, o - o CONCRETEI FLOW LINE ao 0 R� �g jiaG 273.2 I J r% �' 6G L (' - 73.70 �G�p. I/ /'$ a � \\�\ 871.50 °p ly�� '\ BSA. I b7gN H7p84T'7I, I A.P.N. 326 -161 -43 / .� \ \ o� ­40 - --49 oaNB" "o A.PN. 326 -0$I -01 I�I I 0 x„91 \7 \ \\ 87 N00 D21N XIO NG I� 913.20 TR D214 XjAo VARIES -"'FI I� /�j/ 4sbmQ� \ \\0��,0`0�,� e72w // �1�q�^� \ \ is ©O$�MO I 1 'o 'DIRT, 966.E ,a'� 781.31 /�e \ �q / r �' \ r r �� �� 9'O �� . 1�'e 13 / / T �� T Na0 l�56n 10 \ 7t ei / R 30 it / 28-36 yZ/ DIRT, 0 77830ti M AO1 ° \ 2 \� -Q ❑0 30 \ Leo astzo fl1� 3Q vP° 1 ergs 12. L= 51.35' 12 ❑ 10 20 R= 277.00' — 11 `Fe \ \ \ G) E] 8 1 3 OOa 7$• 41 \rr0 3. 7i N52'30'00 "E /O e\b�°' •\ ?O• CLq�� I Fo 'a , 25.00' 5 O❑5 ® ♦G 7979• \ e^p 0. 'DIRT, o PARCEL 1 OF �N \ 83tt> v, OG °1 / — — LEGAL DESC. \ \ LOT D ;pz A.P.N. 326 -161 -46 0� 6 04 N66000E� of pO ©� LIVING PLANTS STATEMENT: 00• Q � \_�j THE HEIGHTS AND ELEVATIONS FOR THE TREES, BUSHES AND '�fv`��IL• OTHER LIVING PLANTS SHOWN HEREON, SHOULD BE CONSIDERED I \f \ SURVEY. IM THEY RE PROVIDED YASAAD T GENERAL REFERENCEA D SHOULD NOT BE USED FOR DESIGN PURPOSES. SEE SHEET LS -1 FOR TITLE INFO. SEE SHEET LS -3 FOR SITE DETAILS vl--� ven Lnwireless 15505 SAND CANYON AVE. BUILDING D' 1st FLOOR IRVINE, CA 92618 PHONE (949) 286 -7000 ULSANG R C H I T E C T U R E 3400 VIA OPORTO, SUITE 204 NEWPORT BEACH, CA 92663 PHONE: (949) 723 -0042 SEAL S \ANAL LANG SG No. 7211 * Exvp. 3 31 -12 ��91F OF CA\- \Fd�\� PREPARED BY: AND A S S 0 C I ATES, IN C. LAND SURVEYING & MAPPING 3188 AIRWAY AVENUE, SUITE K1 COSTA MESA, CALIFORNIA 92626 714 557 -1567 OFFICE 714 557 -1568 FAX SUBMITTALS REV. DATE DESCRIPTION BY 1 10/10/08 ISSUED FOR REVIEW YT 2 11/24/08 ADDED TITLE INFO. JA 3 12/30/08 UPDATED CEO. COOR. YT LOCATION 4 7/23/09 UPDATED GEO. COOR. CWW LOCATION 5 11/30/09 UPDAT OCATIONCOOR. JA 6 01/19/10 ADDED TOPO YT 7 01/13/11 LOTS ITL& INFO. JA D 8 01/21/11 REV, APN BK. NO.S CWW 9 06/28/11 REVISED TITLE INFO. JA ANNISE YORBA LINDA WATER DIST. QUARTER HORSE RESERVOIR YORBA LINDA, CA 92886 SHEET TITLE TOPOGRAPHIC SURVEY SHEET NUMBER LS -2 ven Lnwireless 15505 SAND CANYON AVE. BUILDING 'D' 1st FLOOR IRVINE, CA 92618 PHONE (949) 286 -7000 ULSANG R C H I T E C T U R E 3400 VIA OPORTO, SUITE 204 NEWPORT BEACH, CA 92663 01111 PHONE: (949) 723 -0042 SEAL a �SSe�Rt LA t14- � No. 7211 * EV.3 -31 -12 OF CA��Fd�\Q PREPARED BY: AND A S S 0 C I ATES, IN C. LAND SURVEYING & MAPPING 3188 AIRWAY AVENUE, SUITE K1 COSTA MESA, CALIFORNIA 92626 714 557 -1567 OFFICE 714 557 -1568 FAX SUBMITTALS REV. DATE DESCRIPTION BY 1 10/10/08 ISSUED FOR REVIEW YT 2 11/24/08 ADDED TITLE INFO. JA 3 12/30/08 UPDATED GEO. COOR. YT LOCATION 4 7/23/09 UPDATED GEO. COOR. CWW LOCATION 5 11/30/09 UPDATED GEO. COOR. JA LOCATION 6 01/19/ic ADDED TOPO YT 7 01/12/11 ADDED TITLE INFO. JA LOTS "A" & "D" 8 01/21/11 REV, APN BK. NO.S CWW 9 06/28/11 REVISED TITLE INFO. JA ANNISE YORBA LINDA WATER DIST. QUARTER HORSE RESERVOIR YORBA LINDA, CA 92886 SHEET TITLE TOPOGRAPHIC SURVEY 7SHEET BER3 SITE NAME: Annise SITE NUMBER: 152561 Exhibit "D" Insurance and Indemnity Requirements Workers' Compensation Insurance - By his/her signature hereunder, Lessee certifies that he /she is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and he /she will comply with such provisions in connection with any work performed on the premises. Indemnification — Except to the extent caused by the negligence or willful misconduct of Yorba Linda Water District, its directors, officers, agents, consultants, employees or authorized volunteers, to the fullest extent permitted by law, Lessee shall indemnify and hold harmless and defend Yorba Linda Water District, its directors, officers, agents, consultants, employees or authorized volunteers, and each of them from and against: a. Any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities (collectively, "Losses "), in law or in equity, of every kind or nature whatsoever for, but not limited to, injury to or death of any person including Yorba Linda Water District and/or Lessee, or any directors, officers, agents, consultants, employees or authorized volunteers of Yorba Linda Water District or Lessee, and damages to or destruction of property of any person, including but not limited to, Yorba Linda Water District and/or Lessee or their directors, officers, agents, consultants, employees or authorized volunteers, arising out of or in any manner directly or indirectly connected with this Agreement, however caused, regardless of any negligence of Yorba Linda Water District or its directors, officers, agents, consultants, employees or authorized volunteers, except for Losses caused by the sole negligence or willful misconduct of Yorba Linda Water District or its directors, officers, employees, or authorized volunteers; b. Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Lessee. C. Any and all losses, expenses, damages, attorneys' fees, and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of Lessee to faithfully perform all of its obligations under the Agreement. Such costs, expenses, and damages shall include all costs, including attorneys' fees, incurred by the indemnified parties in any lawsuit to which they are a party. Lessee shall defend, at Lessee's own cost, expense and risk, any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Yorba Linda Water District or its directors, officers, agents, consultants, employees or authorized volunteers. 17394574_8 20 SITE NAME: Annise SITE NUMBER: 152561 Lessee shall pay and satisfy any judgment, award or decree that may be rendered against Yorba Linda Water District or its directors, officers, agents, consultants, employees or authorized volunteers, in any and all such suits, actions, or other legal proceedings. Lessee shall reimburse Yorba Linda Water District or its directors, officers, agents, consultants, employees or authorized volunteers, for reasonable legal expenses and costs incurred by each of them in connection with enforcing the indemnity herein provided. Lessee's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Yorba Linda Water District, or its directors, officers, agents, consultants, employees or authorized volunteers. Commercial General Liability and Automobile Liability Insurance - The Lessee shall provide and maintain the following commercial general liability and automobile liability insurance: Coverage - Coverage for commercial general liability and automobile liability insurance shall be at least as broad as the following: Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 0001) or substantial equivalent. *2. Insurance Services Office (ISO) Business Auto Coverage (Form CA 0001), covering Symbol 1 (any auto) or substantial equivalent. Limits - The Lessee shall maintain limits no less than the following: 1. General Liability - Five million dollars ($5,000,000) per occurrence for bodily injury, personal injury and property damage. *2. Automobile Liability -One million dollars ($1,000,000) for bodily injury and property damage each accident limit. *Applicable if exposure exists. Required Provisions - The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions to the effect: 17394574_8 The Yorba Linda Water District, its directors, officers, agents, consultants, employees and authorized volunteers are to be given additional insured status (via ISO endorsement CG 2011, CG 2024 (if land only), or insurer's substantial equivalent for general liability coverage) as respects: liability arising out of premises leased by the Lessee; and automobiles owned, leased, hired or borrowed by the Lessee. The coverage shall contain no special limitations on the scope of protection afforded to the Yorba Linda 21 SITE NAME: Annise SITE NUMBER: 152561 Water District, its directors, officers, agents, consultants, employees or authorized volunteers. 2. For any claims related to the Agreement, the Lessee's insurance shall be primary insurance as relates to Lessee operations. Any insurance, self - insurance or other coverage maintained by the Yorba Linda Water District, its directors, officers, agents, consultants, employees or authorized volunteers shall not contribute to it. 3. Any errors or omissions by Lessee shall not affect coverage provided to the Yorba Linda Water District, its directors, officers, agents, consultants, employees or authorized volunteers. 4. The Lessee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Lessee's General Liability, Auto Liability and Workers Compensation insurance policies required by this Agreement shall state or be endorsed to state that coverage shall not be canceled by the insurance carrier or the Lessee, except after thirty (3 0) days (10 days for non - payment of premium) prior written notice by U.S. mail or email has been given to the Yorba Linda Water District. Lessee or its insurance carrier shall endeavor to provide thirty days notice of cancellation on Lessee's property insurance. Such liability insurance shall indemnify the Lessee and his/her contractors against loss from liability imposed by law upon, or assumed under contract by, the Lessee or his/her contractors for damages on account of such bodily injury (including death), property damage, and personal injury subject to standard policy provisions and exclusions.. The general liability policy shall cover bodily injury and property damage liability, owned and non- owned equipment, and blanket contractual liability. The automobile liability policy shall cover all owned, non - owned, and hired automobiles. All proof of insurance shall be provided on commercially reasonable forms acceptable to the Yorba Linda Water District. 17394574_8 22 SITE NAME: Annise SITE NUMBER: 152561 Acceptability of Insurers - Insurance is to be placed with insurers having a current A.M. Best rating of no less than A -:VII or equivalent or as otherwise approved by the Yorba Linda Water District. Workers' Compensation and Employer's Liability Insurance - The Lessee shall cover or insure under the applicable laws relating to workers' compensation insurance, all of their employees working on or about the property, in accordance with the "Workers' Compensation and Insurance Act ", Division IV of the Labor Code of the State of California and any Acts amendatory thereof. The Lessee shall provide employer's liability insurance with limits no less than $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee. Property Insurance" - The Lessee shall provide and maintain property insurance covering all risks of direct physical loss', damage or destruction to Lessee's: - Real Property at full replacement cost - Improvements and Betterments The Lessee shall provide and maintain property insurance covering all risks of direct physical loss', damage or destruction to Lessee's - Personal Property Yorba Linda Water District shall be added as an insured on the property insurance policy(ies). Waiver of Subrogation All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against Yorba Linda Water District, its directors, officers, agents, consultants, employees and authorized volunteers or shall specifically allow Lessee or others providing insurance evidence in compliance with this Agreement to waive their right of recovery prior to loss. LESSEE waives its right of recovery against the Yorba Linda Water District, its directors, officers, agents, consultants, employees, and authorized volunteers for damages covered by insurance required by this Agreement. Evidences of Insurance - Prior to execution of the Agreement, the Lessee shall file with the Yorba Linda Water District a certificate of insurance (Acord Form 25 -S or substantial equivalent) signed by the insurer's representative or authorized representative evidencing the coverage required by this Agreement. Such evidence shall include a blanket additional insured endorsement signed by the insurer's representative and evidence of waiver of rights of subrogation as required herein. Continuation of Coverage - If any of the required coverages expire during the term of this Agreement, the Lessee shall deliver the renewal certificate(s) including the general liability blanket additional insured endorsement and evidence of waiver of rights of subrogation against the Yorba Linda Water District to the Yorba Linda Water District at least ten (10) business days after the expiration date, without lapse in coverage. 17394574_8 23 SITE NAME: Annise SITE NUMBER: 152561 Footnote 1 - Addition of earthquake and flood should be considered if loss potential from these perils is significant. "This provision is not applicable if this is a land lease only. Real property provisions apply only if the Lessee is required to provide insurance coverage on the building(s). Improvements and betterments provisions apply only if the Lessee is required to provide insurance coverage on improvements and betterments. 17394574_8 24 AGENDA REPORT Meeting Date: August 22, 2013 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Prepared By: Cindy Botts, Management Analyst Dept: Reviewed by Legal: Subject: Renewal of ISDOC OCCOG Membership SUMMARY: ITEM NO. 7.1 Administration 10 me ISDOC is conducting a vote of its membership regarding the renewal of ISDOC's membership in the Orange County Council of Governments ( OCCOG). The OCCOG is a joint powers authority within the Independent Special Districts of Orange County ( ISDOC) that represents its members by monitoring, analyzing and providing Orange County technical and policy recommendations on plans and programs under consideration by the Southern California Association of Governments (SCAG). STAFF RECOMMENDATION: That the Board of Directors consider this matter and provide direction to staff. COMMITTEE RECOMMENDATION: The Executive - Administrative - Organizational Committee will discuss this matter at its meeting on August 20, 2013. DISCUSSION: The "Work Plan and OCCOG Milestones for FY 2013 - 2014" is attached for review. The cost to ISDOC for renewed membership in OCCOG is $5,000. Completed ballots must be received by 1:00 p.m. on Thursday, August 29, 2013. STRATEGIC PLAN: CP 2 -D: Enhance the District's Regional Water and Wastewater Industry Participation ATTACHMENTS: Name: Description: Type: OCCOG Workplan 2013- 2014.pdf OCCOG Workplan 2013 -2014 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 8/22/2013 RC /RK 4 -0 -1 PH was absent. Supporting the renewal of ISDOC's membership in OCCOG. RECEIVED ISD"',' August 9, 2013 AUG 12 2013 Independent Special Districts of Orange County YORBAUNDAWATER DISTRICT Mailinq Address Gary Melton P.O. Box 20895 Yorba Linda Water District Fountain Valley, CA 92728 P.O. Box 309 Yorba Linda, CA 92885 -0309 Meeting Location MWDOCIOCWD RE: OCCOG Membership, ISDOC Bylaws, and Procedural Changes 18700 Ward Street Fountain Valley, CA 92708 Dear member districts, (714) 963 -3058 (714) 964 -5930 fax The Independent Special Districts of Orange County ( ISDOC) requests your www.mwdoc.comiisdoc prompt attention to three important issues: A. Vote of the Member Districts on Renewal of ISDOC's Membership in Executive Committee OCCOG President B. Additional Amendments to the Proposed ISDOC Bylaws Hon. Rich Freschi C. Notification of Procedural Changes Serrano Water District 1St Vice President A. Vote of the Member Districts on Renewal of ISDOC's Membership in OCCOG Hon. Bob Moore South Coast Water District ISDOC is conducting a vote of the regular special district members regarding 2nd Vice President renewal of ISDOC's membership in the Orange County Council of Governments Hon. Mike Scheafer Sanat ary ty District Costa Mesa Sanit (OCCOG). OCCOG . This letter serves as the official notice of the election; the election ballot accompanies this letter. Regular members may vote in person at the August 29th 3rd Vice President Hon. Saundra Jacobs Quarterly meeting or submit their vote via mail or email to Jessica Ouwerkerk Santa Margarita Water District (MWDOC) per the instructions on the Ballot. Completed ballots must be received Secretary by 1:00 p.m. on Thursday, August 29th in order to be counted. Hon. Leslie Keane Orange County Cemetery District To provide you with a background on OCCOG, the `Work Plan and OCCOG Treasurer Milestones for FY 2013 -14' is attached to this letter. The cost to ISDOC for Hon. Joan C. Finnegan Municipal Water District of renewed membership in OCCOG is $5,000. p Orange County B. Additional Amendments to Proposed ISDOC Bylaws Earlier this year, proposed amendments to the ISDOC Bylaws were distributed to Staff Administration the membership for review and solicitation of input. Through this process, some substantive changes to the Bylaws were proposed by special district members; these Jessica H. Ouwerkerk Municipal Water District of Orange amendments were subsequently approved by the ISDOC Executive Committee on County August 6. The amendments are as follows: Robert Ennis Orange County Water District • Article I, Section II: Language was added to clarify the respective roles and responsibilities of ISDOC and the Orange County Special District Selection Committee. • Article II, Section III: Language was added regarding advance notice of changes in dues. • Article III, Section III (H): Language was removed that prevented officials appointed to an elected position from serving as officers of ISDOC. In light of these amendments, we believe the ISDOC member districts should have one final opportunity to review the amended Bylaws (attached to this letter) and provide feedback. Below is the revised Bylaw amendment timeframe: September 20, 2013 - Deadline for special districts to submit to the ISDOC Executive Committee input and /or additional proposed Bylaw amendments for consideration. Amendments must be approved by a regular member special district's board of directors before being submitted to the ISDOC Executive Committee. October 1, 2013 - ISDOC Executive Committee to review any additional input received and vote on additional proposed Bylaws amendments received by the September 20t` deadline. October 31, 2013 - ISDOC Board of Directors to vote on final draft of proposed Bylaws at the Quarterly Meeting. C. Notification of Procedural Changes The following procedural changes will go into effect as of September 1, 2013: 1) Two months' notice of any future votes on dues increases will be provided to the membership. 2) Executive Committee meeting agendas and minutes will be emailed to the General Managers of all ISDOC member districts. If you have any questions or wish to discuss anything further, please contact me or Jessica Ouwerkerk (MWDOC) at (714) 593 -5029 or jouwerkerkgmwdoc.com. Sincerely, Rich Freschi President Independent Special Districts of Orange County Enclosed: 1) Ballot for Renewal of ISDOC's Membership in OCCOG 2) Work Plan and OCCOG Milestones for FY 2013 -14 3) ISDOC Proposed Bylaw Amendments (revised 8 -2 -13) -2- INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY RENEWAL OF ISDOCS MEMBERSHIP IN OCCOG The Question: Does your special district, as a regular member in good standing, support or not support renewing ISDOC's membership (annual fee of $5,000) in the Orange County Council of Governments (OCCOG)? Cast your Vote: Please cast your vote by placing an "X" on the line next to "Yes" or "No" below. YES, I support renewing ISDOC's membership in OCCOG NO, I do not support renewing ISDOC's membership in OCCOG DISTRICT NAME Voting Instructions: Each Regular Member district in good standing shall be entitled to one vote. (Associate Members do not have the right to vote.) The presiding officer of the governing body of each Regular Member district is recognized as the voting representative for his /her district. An alternate governing board member can be designated to vote as per Article II, Section II of the ISDOC Bylaws. Completed ballots must be received by ISDOC no later than 1:00 p.m. on Thursday, August 29, 2013 in order to be counted. Ballots are to be submitted to the attention of Jessica Ouwerkerk (MWDOC) through one of the following methods: • Email — isdocCa)mwdoc.com (email confirming receipt of your ballot will be sent) • U.S. Mail — Jessica Ouwerkerk, MWDOC, P.O. Box 20895, Fountain Valley, CA 92728 • In Person — Ballots can be cast in person at the August 29th Quarterly Meeting ORANGE COUNTY COUNCIL OF GOVERNMENTS WORK PLAN AND GRANGE COUNTY COUNCIL OF GOVERNMENTS MILESTONES FOR FISCAL YEAR 2013 -2014 2016 RTTP /SCS • Monitor and Provide Advocacy in the Development of the SCAG 2016 RTP /SCS • Determine OCCOG/OCTA Delegation for 2016 SCS • Provide Direction and Administration if Delegation Proceeds OCCOG /OCTA Bike Planning • Continue to Provide Assistance and Monitoring of Joint OCTA/OCCOG Bike Planning Efforts SCAG • Attend and Monitor all SCAG Regional Council Meetings • Participate and Attend Meetings of the SCAG Subregional Representatives, SCAG Technical Working Group and SCAG Executive Director Meetings • Provide Policy Direction and Briefings to OCCOG Board of Directors, as appropriate, for SCAG Meetings of the Regional Council, Policy Committees and other Ad -Hoc Committees OCCOG Administration • Establish and Manage the Development of all OCCOG Board of Directors Agendas with the Concurrence of the Executive Committee • Manage of Clerical /Clerk Functions in Support of OCCOG Activities • Manage Treasurer /Bookkeeper Function • Finalize No-Fee Facility Use Agreement between OCCOG and OCTA • Finalize Memorandum of Understanding between OCCOG and City of Garden Grove for the Provision of Clerk Services to the Board of Directors • Provide Support to the Center for Demographic Research Management Oversight Committee • Revise Bylaws for OCCOG as Recommended by Executive Management Committee South Coast Air Quality Management District • Continue to Monitor all South Coast Air Quality Management District Policies and Regulations affecting OCCOG Member Agencies • Participate in Committees and TAC Committees, as Appropriate Advocacy • Collaborate with Southern California Subregions and Stakeholders to Enhance Advocacy and Funding Efforts • Continue to Monitor State and Federal Legislation, through Member Agencies, CALCOG, OCTA and Others that Impact OCCOG Funding /Grant Opportunities • Assist in Programming and Administration of Federal and Other Grants • Actively Explore Revenue Enhancement Opportunities for OCCOG and its Member Agencies Community Outreach • Develop OCCOG Collateral and Community Relations Materials • Coordinate Speakers Bureau Activities for Board Members OCCOG Website • Finalize Development of Stand -Alone OCCOG Website by June 30, 2013 • Continue to Manage Enhancements to Website and Maintenance of Content to Promote OCCOG Activities and Efforts OCCOG Boars! of Directors Revised: March 26, 2013 Board Member Board Seat -Representing From Cities of: Aliso Vieio, Dana Point, Mike Munzing SCAG District 12 Laguna Beach, La una Council Member, Niguel, San Clemente, City of Aiiso Vieio San Juan Capistrano Kathryn McCullough Cities of: Mayor Pro Tem, SCAG District 13 Laguna Hills, La una Woods, —� City of Lake Forest Lake Forest, Mission Vieio, Rancho Santa Margarita Alternate: Dwight Robinson Council Member, City of Lake Forest Steven Choi Mayor, City of Irvine Alternate-, SCAG District 14 City of Irvine Jeff Calloway Council Member, City of Irvine Leslie Daigle Council Member, Alternate: SCAG District 15 Cities of: Costa Mesa, Fountain Valley, City of Newport Beach Cheryl Brothers Newport Beach Council Member, City of - Fountain Valle John Nielsen SCAG District 17 Cities of: Council Member, Orange, Tustin, Villa Park City of Tustin Leroy Mills CHAIRMAN Cities of: Mayor Pro Tem, SCAG District 18 C ress, Garden Grove, City of C ress Alternate: La Palma Prakash Narain Mayor, City of Cypress Kris Murray Council Member, Alternate: SCAG District 19 City of Anaheim City of Anaheim Gail Eastman Council Member, City of Anaheim Andy Quach Cities of: Mayor Pro Tem, Y Alternate: SCAG District 20 Los Alamitos, Seal Beach, City of Westminster Tri Ta Stanton, Westminster Mayor, City of Westr ninster Art Brown SCAG District 21 Cities of: Council Member, Buena Park, Fullerton City of Buena Park QCCOG Board of Directors Revised: March 26, 2013 Board Member Board Seat Representing From Brett Murdock VICE CHAIRMAN Cities of Mayor Pro Tem, City of Brea SCAG District 22 Brea. La Habra, Placentia, Alternate: Yorba Linda Mayor, City of Brea Ron Garcia Matthew Harper SCAG District 64 City of Huntington Beach Mayor Pro Tern, City of Huntington Beach Bob Ring Mayor, City of Laguna Woods Alternate: Cities At -Large Orange County cities Mayor Pro Tem, Milt Robbins City of Laguna Woods Janet Nguyen County At -Large County of Orange 1" District Supervisor, County of Orange Director, Phil Anthony Orange County, Water District Independent Special Alternates: Districts of Orange Orange County special President, Joan Finnegan CountyNVater districts /water agencies Municipal Water District of Orange Coust Agencies (ISDOC) Rich Freschl Director, Serrano Water District Jim Ferryman County Sanitation Districts of Orange County Sanitation Districts of Board President, Orange County No. 1, 2, 3, 5, County (OCSD) 7, 11, 13 and 14 Costa Mesa Sanitary District Orange County Vacant Transportation Orange County Authority OCTA) _ Transportation Authority Vacant SCAG — County SCAG Regional Council Representative Member, County of Orange Board of Supervisors South Coast AQMD — South Coast AQMD Shawn Nelson County Governing Board Member X115 District Supervisor, Representative representing the County of County of Orange _ Orange Governing Boards of: San Joaquin Hills Bert Hack Transportation Transportation Corridor Council Member, Corridor Agencies Agency and Foothill/ Eastern City of L_arauna Words Transportation Corridor kqfngy OCCOG Board of Directors Revised: March 26, 2813 Board Member Board Seat Representing From Beth Swift Ex -Officio Orange County Division League of California Cities Mayor, Y City of Buena Park (OCD, LOCC) Vice President for Steven Schuyler Ex- Officio Private Sector Government Affairs, Building Industry Association of Southern California { Assistant Vice Chancellor, Kate Kllmow, Community and Government Relations, University of Ex- Officio University Community California, Irvine I Alte rnate: Fred Smoller Director, Masters of Public Administration, Brandman University Bryan Starr Ex-Officio Business Community Senior VP of Government Affairs, PEgogg County Business Council Julie Puentes Ex -Officio Heath Care /Hospital Industry Executive Director, Hospital Association of California Orange County Chapter Karen Roper Director of Orange County Alternate: Ex -Officio 'Community Housing Non - Profit g { ) Community Services Julia Bidwell Deputy Director, Orange County Community Services Carolyn Emery Orange County Local Agency Interim Executive Officer Orange Alternate: Ex- Officio Formation Commission County LAFCO Benjamin Legbandt (LAFCO) Policy Analyst, Orange County LAFCO Fiscal Year 2013 -14 OCCOG Annual Dues Schedule Clty Weighted Dues % of City Name Population' % Population Total Pop. 113 Base Dues Total Dues 1 ALiSO VIEJO — 49,477 1.88% 2,446.95 1,971.88 4,418.83 2 ANAHEIM 346,161 13.15% 17,119.85 1,971.88 19,091.73 3 BREA 41,394 1.57% 2,047.20 1,971.88 4,019.08 4 BUENA PARK _ _ _ _ _ _ COSTA MESA T 81.953 3.11% 4.053.10 1,971.88 6,024.98 S 111,358 4.23% 5,507.36 1,971.68 7,479.24 6 CYPRESS 48,547 1.84% 2,400.96 1,971.88 4,372.84 7 DANA POINT 33,863 _ 1.290A 1,674.74 1,971.88 3,648.62 8 FOUNTAIN VALLEY 56,180 2.13% 2,778.46 1,971.88 4,750.34 9 FULLERTON 138,251 5.25% 6,837.39 1,971.88 8,809.27 10 GARDEN GROVE 173,075 6.58°% 8,559.66 1,971.88 10,531.54 111 HUNTINGTON BEACH 193,616 7.36% 9,575.54 1,971.88 11,547.42 121 IRVINE 231,117 8.78% 11,430.20 1,971.88 13,402.08 131 LA HABRA 61,202 2.33% 3,026.83 1,971.88 4,998.71 14 LA PALMA 15,818 0.60% 782.30 1,971.88 2,754.18 15 LAGUNA BEACH 23,105 0.88% 1,142.69 1,971.88 3,114.57 16 LAGUNA HILLS 30,703 1.17% 1,518.46 1,971.88 3,490.34 17 LAGUNA NIGUEL 64,065 2.43% 3,168.42 1,971.88 5,140.30 18 LAGUNA WOODS 16,500 0.63% 816.03 1,971.88 2,787.91 191 LAKE FOREST 78,501 2.98% 3,882.37 1,971.88 5,854.25 20 LOS ALAMITOS 11,626 f 0.44% $74.98 1,971.88 2,546.86 21 MISSION VIEJO 94,824 3.60% 4,689.65 1,971.88 6,661.53 22 NEWPORT BEACH 86,436 3.28% 4,274.81 1,971.88 6,246.69 23 ORANGE _ - 138,792 5.27°% 6,864.14 1,971.88 8,836.02 24 PLACENTIA 51,776 1.97°% 2,560.65 11971.88 4,532.53 251 RANCHO SANTA MARGARITA 48,550 1.84% 2,401.11 1,971.88 26 SAN CLEMENTE 64,542 2.45°% 3,192,01 _4,372.99 1,971.88 5,163.89 27 SAN JUAN CAPISTRANO 35,321 1.34% 1,746.85 1,971.88 3,718.73 28 SANTA ANA - Below 29 _See SEAL BEACH 24,487 0.93% 1,211.04 1,971.86 3,182.92 30 31 STANTON _ TUSTIN 38,764 77,983 5,900 91,169 66,437 1.47°% 2.960% 0.22% 3.460% 2.52°% 1,917.13 _ 3,856.75 291.79 4,508.88 3,285.73 1,971.88 3,889.01 1,971.88 5.828.63 1,971.88 2,263.67 1,971.88 6,480.76 1,971.88 5,257.54 32 VILLA PARK 33 34 WESTMINSTER YORBA LINDA 35 36 37 38 39 40 In COUNTY OF ORANGE" OCTA" TCA— OC SANITATION DISTRICT" ISDOC" SOUTH COAST AOMD" t d O "• 9,000.00 9,000.00 6000.00 7,500.00 5,000.00 7,500 corpora a range County Population 2,631,493 Total Dues Owed 242,216.00 Population Estimate as of January 1, 2013 California State Department of Finance (www.dof.ca.gov). Provided by D Diep, CSUF "Annual Dues are fixed — Population Total excludes Santa Ana and Villa Parr, Total Annual Dues per adopted budget for FY2012 -13 242,216.00 County and Agencies with fixed annual dues (47,000.00) Net Dues to be distributed among cities 195,216.00 113 Net Dues (65,072.00) (1,971.88) 2/3 Net Dues allocated based on population (130,144.00) 0.00 Vila Parse and Santa Ana discontinued participation and did not pay dues in FY2012 -13 For FY2013 -14, Board did not went to change allocation schedule for FY2012 -13 members, except for changes due to population. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY AMENDED AND RESTATED BYLAWS Adopted January 31, 2002 Proposed for Amendment on October 31, 2013 INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY BYLAWS ARTICLE I GENERAL SECTION I. NAME The name of the organization shall be INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY..-, herein referred to as ADO the Organization. ( Formatted: Font: Bold I SECTION 11. PURPOSE PURPOSE - -I The purpose of the Organization is to advance the interests of Orange County Formatted: Indent: First line_ 0_5' special districts through its advocacy of sound public policy, its facilitation of educational opportunities to enhance special district governance and the services provided, and its collaboration with others to elevate awareness of the role special districts play as the form of government closest and most directly accountable to the people. The purpose of the Organization shall not include any duties or responsibilities held by the Orange County Special Districts Selection Committee, which is a separate and unrelated entity from the Organization. Furthermore, these Bylaws shall have no effect on, and are independent and distinct from, the Bylaws of the Orange County Special District Selection Committee. SECTION III. ADMINISTRATIVE OFFICE The administrative office for the transaction of the business of the Asses+atiGA Organization is located at the OffiGe of the PFesi eRt of the nSSOGiationMunicipal Water District of Orange County. The Board of Directors is granted full power and authority to change the administrative office from one location to aRethe =iR any place within the County of Orange, State of California, and such change shall not be considered an amendment of these bylaws. ARTICLE 11 MEMBERSHIP SECTION I. QUALIFICATION FOR MEMBERSHIP There shall be two Glasses - categories of membership in the AsseBiationOrganization: A. REGULAR MEMBERS: Shall be INDEPENDENT SPECIAL DISTRICTS which -that are public agencies within the County of Orange, State of California, for the local performance of governmental proprietary functions within limited boundaries, governed by a publicly elected Board of Directors or those officials appointed, in whole or in part, by another governmental body. Independent Special Districts does not include the State, the county, Gitycities, County or SEheol school Distristdistricts. Independent Special Districts shall be further defined in accordance with California membedisttre elected includes any special voters having q aeleges ativerbody all of whose Formatted: Font: Italic — v g downers within the district or whose members are appointed to fixed terms. `Independent special district" does not include any district excluded from the definition of district contained in Sections 56036 and - - -- 56036.6. ; Formatted: Font: Italic i B. ASSOCIATE MEMBERS: Shall be those persons -ors organizations, or governmental entities who -that have evidenced interest in the purposes and goals of the AsseciationOrganization, but who-are not members oflndependent Special Districts. NG- oOfficers or members of an Independent Special District Gan are ineligible to be an Associate Member. C. APPROVAL OF MEMBERSHIP: The Executive Committee shall review; and approve; all applications for membership, provided that the applicant meets the established membership criteria. SECTION II. VOTING RIGHTS Each Regular Member Distristdistrict, in good standing, shall be entitled to one vote on all matters brought before the membership for a vote. The presiding officer of the governing body of each regular -Re ular member Member agen-G�-district shall exeFG!se Me Fight ot the member to be recognized by the Organization as the voting representative for his /her district.; Each district shall designate in writing and submit to the Organization's Secretary alone alternate governing board member who shall have the right to vote in the absence of the assigned voting Y + +' eRE! siding officer. The Executive Committee may, in theist its discretion, authorize the voting upon any issue by written ballot which shall be sent via U.S. mail and emailmailed to each regular Regular memberMember district. Such authorization shall specify the time and -, date and method by which the completed wm p-&uG1 written ballots must be received by the RFesmdi° -.rt of the AsseGiaiiv^nOrganization. A majority vote of all members present at a meeting or of all written ballots received by the submission deadline shall be necessary to carry any matter voted upon. Associate Members shall not have the right to vote on any matter before the AsseGiatisaOrgan ization. SECTION III. ANNUAL DUES Annual dues shall be due and payable on or before the first day of January of each year. New members shall pay their annual dues at the time they are approved for membership in the AssesiatieROrganization. New member dues for the initial year shall not be pro- rated. The dues of the Assosiaton- Organization shall be reviewed and set by the Executive Committee for Regular Members and fer- Associate Members. Associate Member dues need not be the same as dues for Regular Members. Adequate notice (as determined by the Executive Committee) of changes in dues will be provided to the membership. No assessments, other than annual dues, shall be levied on the members of the association without an affirmative majority vote of the membership. SECTION IV. TERMINATION OF MEMBERSHIP Any member in arrears in the payment of dues for a period of three rneRthrsthirty 30 days after said dues are due and payable shall be notified in writing by the Treasurer of such arrearage, and, if such dues shall continue unpaid for a period of another sixty- thirty (6830) days, such member shall automatically cease to be a member of the Assesiat+erFOrganization. Any member that voluntarily terminates membership in the Organization shall not be eligible for a refund of membership dues or other assessment already paid to the Organization. SECTION V. REINSTATEMENT OF MEMBERSHIP 1 Formatted: Font: Bold Regular and Associate memberships that were previously terminated may be reinstated after the Executive Committee receives a written petition for reinstatement and payment of the petitioners annual membership dues and other assessments for the current calendar year have been received by the Organization. ARTICLE III BOARD OF DIRECTORS SECTION I. NUMBER AND TERM OF OFFICE A. The Board of Directors shall consist of one the presidinq officer from each tFie-tsRegular Member district, in good standing. If the designated FepresentaWe presidinq officer is not present, tlae then that district's alternate memberrepresentative, shall act in his /her stead. B. The members of the Board of Directors shall serve until replaced by another appeieted- governing board member of his /her fadepeadeat - 9district. Any vacancy on the Board of Directors shall be filled by the new Presiding officer of the District from which the vacancy occurred. SECTION II. DUTIES OF THE BOARD OF DIRECTORS A. The Board of Directors shall set policy for the Assesiatien (ISD9G}Organization. GB. The Board of Directors shall elect, at their aRRual quarterly its final meeting ef- t#�ein even years, a President, a First Vice President, a Second Vice President, a Third Vice President, a Secretary, and a Treasurer. These officers, along with the immediate Immediate Past President, shall be designated as the Executive Committee, whose duty shall be to assist the Board of Directors in setting policy, and conducting the business of the ergaaizatieraOrganization. 9C. The Executive Committee shall be responsible for implementing the policies established by the Board of Directors as approved at a General Membership meeting-Meeting or a Special Meeting of the membership. €D. The members of the Executive Committee shall be elected for a two -year term. SECTION III. OFFICERS AND DUTIES A. PRESIDENT The President shall be the chief executive officer of ISDOGthe Organization. The President shall preside at all meetings of the Board of Directors, the Executive Committee and the general membership. The President shall appoint all committees, and all GhaiFp°FsE)ns Of SUGh GGPArA The President shall represent IS99G the Organization as tk--its official spokesperson and he /she shall also have the r+ght- authority to delegate such responsibility, with approval of the Executive Committee. The President shall be an ex- officio member of all Committees. B. FIRST VICE PRESIDENT The First Vice President, in the absence or disability of the President, shall perform all the duties of the President, and when so acting, he /she shall have the powers of and be subject to all the restrictions upon the President. The First Vice President shall be the Chairman of the Program Committee. C. SECOND VICE PRESIDENT The Second Vice President, in the absence or disability of the President and First Vice President, shall perform all the duties of the President and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. The Second Vice President shall be Chairman of the Membership Committee. D. THIRD VICE PRESIDENT The Third Vice President, in the absence or disability of the President, First Vice President, and Second Vice President, shall perform all the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. The Third Vice President shall be Chairn4a44 of the Legislative Committee. E. SECRETARY The Secretary shall maintain a written record of all business conducted at the meetings of the Board of Directors and the Executive Committee. The Secretary or his /her designee shall be responsible for all correspondence and mailing -the dissemination of information to members. F. TREASURER The Treasurer shall maintain the complete financial records andef 19BOG, establish and maintain bank accounts in the name of the ,4sseciati Qrganization, and pay all bills duly approved by the Executive Committee in accordance with the yearly budget. There shall be an annual audit of the books of the Treasurer by a competent accountant or accounting agency, designated by the Executive Committee, with a report to be presented to the membership at the Organization's next membership meeting. G. IMMEDIATE PAST PRESIDENT The Immediate Past President shall serve as a voting ex- officio member of the Executive Committee. H. All officers of the Aosesiation Organization shall be elected or appointed officials, be ele.,ted offGia's of a Regular Member district klo eea t Formatted: Strikethrough app ©i.n+ed to a -.1,.Jt;,G.t'Tel iro^+„rc must fi + he- eleeted-#s bef ore being- e4igble -te- serve- as --apa offiser-eft4-e QEq?niz- atien: I. Officials who wish to seek election or appointment as an officer of the Formatted: Numbered + Level: 1 + - - -' Or shall first secure from his /her district an official endorsement of his /her Numbering Style: I, 11, III, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: i candidacy in the form of a board resolution. Il V. I tFormatted: Indent: First line: 0" i ARTICLE IV MEETINGS SECTION I BOARD OF DIRECTORS A. The Board of Directors shall meet quarterly or no less than three times per calendar year.-, and tThe last quarterEy— meeting of the calendar year shall be designated as the ANNUAL MEETING of the AsseGiatieriOrganization. B. The SeGFetir)�-Organization shall disseminate nia4- notices of th-k Board Meetings at least ffteer� -±i y (4,530) days prior to the Meeting. Said notices shall be disseminated via email serEt -to all Regular and Associate Members, epresentati d alternates. The Notice shall give the date, time, location and ageada-fany action items for or-the meeting. C. Special Meetings of the Board of Directors may be called at any time by the President, any ten (10) Members of the Board of Directors or by a majority of the Executive Committee. The Secr ary- Organization shall seRd oo ^h ,^. ernbe , eaGh sh alternate disseminate notices of the Special Meeting at least five (5) business days prior to the meeting. The -Said notice shall eonta+n ive the date, time, location, and the subject matter of the Special Meeting. Action may only be taken on QRly-sUeh matters listed on the Special Meeting agenda may be addressed at the SpeGial gnotice. D. All meetings of the Board of Directors shall be held in Orange County. SECTION II. MEETINGS OF THE EXECUTIVE COMMITTEE A. The Executive Committee shall meet monthly at the Municipal Water District of Orange County, at a time and place specified by the President and announced in the meeting notice. The monthly meeting maV be cancelled bV the President if he /she determines that there is not sufficient business to justify a meeting. B. A Special Meeting of the Executive Committee may be called by the President or a majority of the Executive Committee, with five (5) business days advance notice given in writing via email by the SeGFetaiyOrganization. Such notice shall state the date, time, location and agenda for the Special Meeting. Said netise e gwea telenhon'ooll yerb.atly -er in writing. C. All meetings of the Executive Committee shall take place in Orange County. SECTION III. QUORUM A. A quorum shall be established when the designated representatives of twenty -five (25 %) percent of the Regular members A embers are present at a duly noticed Fegi4anRegular or special- Special meeting Meeting of the InrleneRdent Distr,,.t Organization. ARTICLE V AMENDMENTS These By-1 laws may be amended by a majority vote of the Board of Directors ^, ,pmherspresent at a duly noticed membership meeting. All proposed amendments shall be disseminated via U.S. Mail and email a�ailed-to tin -- ch Regular finer ber Member district, the represeRtative of the di Str;nt and the alternate for the districot no less than thirty (30) days prior to any -the membership meeting ARTICLE VI ENACTMENT OF AMENDMENTS These Amended and Restated By Laws laws are to take effect Febru wy 1, 2001 immediately upon approval of the Board of Directors. ARTICLE VII PARLIAMENTARY AUTHORITY All matters not covered under these By -Laws shall be governed by Roberts' Rules of Order. -End- Meeting Date Subject: M ATTACHMENTS: AGENDA REPORT August 22, 2013 Planning- Engineering- Operations Committee (Kiley /Hawkins) Minutes of meeting held August 5, 2013 at 12:00 p.m. • Meeting scheduled September 3, 2013 at 12:00 p.m. Name: 080513 - PEO Minutes.docx Description: PEO Mtg Minutes 08/05/13 ITEM NO. 9.4 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PLANNING - ENGINEERING - OPERATIONS COMMITTEE MEETING Monday, August 5, 2013, 12:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. 3 4 The August 5, 2013 meeting of the Yorba Linda Water District's Planning - Engineering- Operations Committee was called to order by Director Kiley at 12:00 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. ROI I CAI I COMMITTEE STAFF Director Robert R. Kiley, Chair Steve Conklin, Acting General Manager Director Phil Hawkins Ken Mendum, Water Maint Superintendent PUBLIC COMMENTS None. ACTION CALENDAR 4.1. Terms and Conditions for Water and Sewer Service with Yavitz Companies, Inc. Mr. Conklin reported that the Yavitz Companies, Inc., is proposing to redevelop the retail center east of Valley View and north of Yorba Linda Blvd, that will require new water and sewer services for the center. Following discussion, the Committee supported the staff recommendation that the Board approve the Terms and Conditions for Water and Sewer Service with Yavitz Companies, Inc. 4.2. Verizon Cell Site Lease Agreement at Quarter Horse Reservoir Mr. Conklin reported that a lease agreement has been negotiated with Verizon for the subject facility. The site development facilities and the proposed lease conditions were discussed with the Committee. Following this discussion, the Committee supported the staff recommendation that the Board authorize the Acting General Manager to execute the Verizon Cell Site Lease Agreement. 4.3. Award of Landscape Maintenance Contract Mr. Conklin reported that District staff solicited proposals for Landscape Maintenance Services, and met with three interested vendors to discuss the service requirements and conditions for receipt of proposals. Proposals were received from Marina Landscape and from Park West Landscape Management. Following discussion, the Committee supported 1 the staff recommendation that the Board authorize the Acting General Manager to enter into a Service Contract with the low- bidder, Marina Landscape, Inc., for a total cost not to exceed $37,050, for services through June 30, 2014, and for up to three annual renewals if staff is satisfied with the work and services provided. 5. DISCUSSION ITEMS 5.1. Monthly Groundwater Production and Purchased Import Water Report Mr. Conklin reviewed the subject report with the Committee, noting that it is the first report for the new fiscal year. For July, actual demand was about 1.6% over that projected for the month, which totaled 2,392 AF. 5.2. Monthly Production Summary Report Mr. Conklin reviewed the subject report with the Committee, including water production, weather conditions, water quality parameters. Mr. Mendum described equipment out of service and that returned to service, including the work required for the Box Canyon booster pump. 5.3. Monthly Preventative Maintenance (PM) Report Mr. Mendum reported on PM, noting work completed one month into the new year. He recalled that the new target for sewer televising is to televise all sewers within 8 years, as determined by the PEO Committee for the start of the new fiscal year. 5.4. Groundwater Producers Meeting Report for July 2013 Mr. Conklin reported on items discussed at the July GWP meeting, including the recent decision by the OCWD Board to study potential participation in the Huntington Beach Ocean Desalination Project. 5.5. Status of OCWD Annexation Process (Verbal Report) Mr. Conklin provided an update to the Committee on the status of the OCWD Annexation process. He noted that the OCWD Board has asked staff to work to bring the issue for consideration at the September 4 Board meeting. The Committee asked Mr. Conklin to schedule a meeting with staff of Golden State Water Company to discuss the annexation process and the importance of the added reliability on the interties for emergency service between the two agencies. 5.6. Status of Cielo Vista and Esperanza Hills Development Projects (Verbal Report) Mr. Conklin reported that there has been no activity at the District on the proposed developments. 5.7. Status Report on Capital Projects in Progress Mr. Conklin reported on the status of capital projects currently in planning, design and construction. Regarding the upcoming OCTA Lakeview Grade Separation Project, the Committee asked that Damon continue to pursue 04 assistance from OCTA for public outreach, and that we include information from OCTA on our website on the schedule for and impacts from the shutdown of Lakeview starting in 2014. 5.8. Status of Strategic Plan Initiatives Mr. Conklin reported on the status of strategic plan initiatives relating to engineering and operations. 5.9. Future Agenda Items and Staff Tasks The Committee asked Mr. Conklin to schedule a meeting with Mr. Mark Pulone, the new Yorba Linda City Manager, to discuss issues and planning for the upcoming Joint Agency meeting on August 21. 6. CLOSED SESSION The Committee adjourned to Closed Session at 12 :50 p.m. Directors Kiley and Hawkins were present. 6.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: Acting General Manager The Committee reconvened in Open Session at 12:55 p.m. No action was taken during Closed Session that was required to be reported under the Brown Act. 7. ADJOURNMENT 7.1. The meeting was adjourned at 12:55 p.m. The next Planning- Engineering- Operations Committee meeting is scheduled to be held Tuesday, September 3, 2013 at 12:00 p.m. 3 Meeting Date Subject: M ATTACHMENTS: AGENDA REPORT August 22, 2013 Public Affairs - Communications - Technology Committee (Beverage /Collett) Minutes of meeting held August 6, 2013 at 4:00 p.m. • Meeting scheduled August 27, 2013 at 4:00 p.m. Name: 080613 PACT - Minutes.docx Description: PACT Mtg Minutes 08/06/13 ITEM NO. 9.5 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC AFFAIRS - COMMUNICATIONS - TECHNOLOGY COMMITTEE MEETING Tuesday, August 6, 2013 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. 3 4. The August 6, 2013 meeting of the Yorba Linda Water District's Public Affairs - Communications- Technology Committee was called to order by Director Beverage at 4:00 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. ROI I CAI I COMMITTEE STAFF Director Michael J. Beverage, Chair Steve Conklin, Acting General Mgr Director Ric Collett Art Vega, Acting IT Manager Damon Micalizzi, Public Info Officer PUBLIC COMMENTS None. DISCUSSION ITEMS 4.1. Storage Solution and Recovery Plan Outline (Verbal Report) Mr. Vega presented a short PowerPoint presentation to the Committee discussing the District's new centralized storage solution and outlining the District's Recovery Plan moving forward. The 3rd part of the plan (Archiving) was budgeted and will be implemented this fiscal year. The fourth and final part (Disaster Recovery) will be planned and budgeted for the 2014 - 2015 fiscal year. Mr. Vega addressed questions on the above from the Committee. Mr. Vega also informed the Committee that Time Warner Business has offered the District a promotional reduced price for doubling internet access speed at a cost increase of just 35% for a 3 -year term. This offer will be analyzed and brought back to the Committee, to see the overall impact to IT's communication budget versus the value received since an increase in internet speed would benefit District staff in many ways. 4.2. Status of Dynamics GP Consultant (Verbal Report) Mr. Vega updated the Committee on the status of this project. He noted that the implementation of the 3% COLA into payroll for all staff was accomplished for the new fiscal year without any issues. Staff and NeuLogics are looking into ways to further reduce and simplify similar tasks for future payroll changes. There have been more recent 1 communication issues with NeuLogic staff. This issue and a plan of action were discussed in a conference call meeting held Tuesday, August 6t" Both agreed to have more discussions to keep the project moving forward. The Committee was informed that District staff participating in the conference calls include Art, Gina, Amelia, Bryan, Robyn and Delia. The Committee requested an update at the next PACT Committee meeting. 4.3. District Information Brochure The Committee reviewed the updated proof and finalized a title for the brochure. A professional proof will be presented for the Committee to review at the next meeting. 4.4. Fall Newsletter The Committee discussed content for the Fall Newsletter which will be mailed out in mid - September. With the recent newspaper articles regarding reserve balances for Special Districts, the Committee discussed a front -page article that will discuss the news coverage and offer readers a bit more information regarding the District's reserves. Other content will include: Fire Hydrant Safety (October is Fire Prevention Month) Electronic Delivery of Newsletter In the Community - (Relay for life, Back to School) 4.5. Status of Promotional Items (Verbal Report) Mr. Micalizzi updated the Committee on the design for promotional items, noting that one of the original designs is not available. The Committee approved moving forward with a reversed color scheme. 4.6. Adjustments to Board Room and Lobby Signage (Verbal Report) Mr. Micalizzi updated the Committee on the adjustments made to the Board Room and Lobby signage. The Committee agreed that the adjustments have improved the overall look of the Admin lobby and Board Room. 4.7. Future Outreach and Press Relations (Verbal Report) The Committee discussed the recent news coverage and possible follow up news stories that could result. Mr. Micalizzi informed the Committee that he has been in constant contact with several journalists that may be covering YLWD - related stories and will keep the Board abreast of any upcoming news. 4.8. Community Outreach Activities The Committee reviewed the upcoming community events slated for District participation. The Committee discussed this year's Relay for Life and its declining turnout. The Committee also discussed the "I cure melanoma 5K" on August 24'" at which the District will be recognized as a silver sponsor for donating water. 2 4.9. Future Agenda Items and Staff Tasks None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 6:00 p.m. The next Public Affairs - Communications- Technology Committee meeting is scheduled to be held Monday, September 9, 2013 at 4:00 p.m. 3 Meeting Date Subject: ATTACHMENTS: AGENDA REPORT August 22, 2013 Meetings from August 23, 2013 - September 30, 2013 ITEM NO. 11.1 Name: Description: Type: BOD - Activities Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: August 2013 Citizens Advisory Committee Meeting Mon, Aug 26 8:30AM Beverage Finance - Accounting Committee Meeting Mon, Aug 26 12:OOPM Hawkins /Melton Pub Affairs - Communications -Tech Committee Meeting Tue, Aug 27 4:OOPM Melton Yorba Linda Planning Commission Wed, Aug 28 6:30PM Hawkins ISDOC Thu, Aug 29 11:30AM Collett /Kiley /Melton September 2013 District Offices Closed Mon, Sep 2 7:OOAM Planning- Engineering- Operations Committee Meeting Tue, Sep 3 12:OOPM Kiley /Hawkins MWDOC /MWD Workshop Wed, Sep 4 8:30AM Melton OCWD Board Wed, Sep 4 5:30PM Kiley WACO Fri, Sep 6 7:30AM Hawkins /Kiley Pub Affairs - Communications -Tech Committee Meeting Mon, Sep 9 4:OOPM Beverage /Collett Personnel -Risk Management Committee Meeting Tue, Sep 10 4:OOPM Collett /Beverage LAFCO Wed, Sep 11 8:30AM Beverage Yorba Linda Planning Commission Wed, Sep 11 6:30PM Melton Board of Directors Regular Meeting Thu, Sep 12 8:30AM Exec - Admin- Organizational Committee Meeting Tue, Sep 17 4:OOPM Melton /Kiley Yorba Linda City Council Tue, Sep 17 6:30PM Collett MWDOC Board Wed, Sep 18 8:30AM Melton OCWD Board Wed, Sep 18 5:30PM Kiley TENTATIVE - Board of Directors Workshop Meeting Thu, Sep 19 8:30AM Citizens Advisory Committee Meeting Mon, Sep 23 8:30AM Beverage Finance - Accounting Committee Meeting Mon, Sep 23 12:OOPM Hawkins /Melton Joint Committee Meeting with MWDOC and OCWD Tue, Sep 24 4:OOPM Beverage /Melton Yorba Linda Planning Commission Wed, Sep 25 6:30PM Hawkins Board of Directors Regular Meeting Thu, Sep 26 8:30AM 8/15/2013 2:30:27 PM ITEM NO. 12.1 AGENDA REPORT Meeting Date: August 22, 2013 Subject: CSDA Special District Leadership Academy Conference - November 17 -20, 2013 STAFF RECOMMENDATION: That the Board of Directors authorize Director attendance at this event if desired. ATTACHMENTS: CSDA Leadership Conference.pdf Approved by the Board of Directors of the Yorba Linda Water District 8/22/2013 MB /RC 4 -0 -1 PH was absent. Description: Backup Material Type: Backup Material ` California Special districts association 2013 Special District Leadership Academy Conference This 2 1/2 day conference covers all 4 modules of the Special District Leadership Academy. It meets part of the requirements of the SDLF Excellence in Governance program. Member: Early: First - $600, Next - $400 /Regular: First - $650, Next - $450 Non - Member: Early: First - $725, Next - $525 /Regular: First - $775, Next - $575 Agenda: 05:30 pm - 07:30 pm Registration & Networking Reception (11/17) 08:00 am - 12:00 pm Education Sessions (11/18) 12:00 pm - 01:30 pm Networking Luncheon - Provided (11/18) 01:30 pm - 05:00 pm Education Sessions (11/18) 05:00 pm - 06:30 pm Reception (11/18) 08:00 am - 12:00 pm Education Sessions (11/19) 12:00 pm - 01:30 pm Networking Luncheon - Provided (11/19) 01:30 pm - 03:00 pm Education Sessions (11/19) 03:15 pm - 05:15 pm Optional Ethics AB 1234 Training (11/19) 05:30 pm - 06:30 pm Evening Event (11/19) 08:00 am - 12:00 pm Education Sessions (11/20) Cancellations must be in writing and received by CSDA no later than November 1, 2013. All cancellations received by this date will be refunded less a $75 cancellation fee. There will be no refunds for cancellations made after November 1. Substitutions are acceptable and must be done in writing no later than November 8, 2013. Please submit any cancellation notice or substitution requests to meganh @csda.net or fax to 916 -520- 2465. Start Date: Sunday, November 17, 2013 End Date: Wednesday, November 20, 2013 Coordinators: Sharon Foster, Professional Development Assistant - sharonf @csda.net Napa Valley Marriott Hotel Address: 3425 Solano Avenue Napa, CA 94558 Online Reservations: http://www.marriott.com/ hotels /travel /sfonp- napa- valley- Directions: marriott- hotel -and- spa/? toDate= 11/ 20 /13 &groupCode= csdcsda &from Date= 11/17/13 &app= resvlink M