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HomeMy WebLinkAbout2015-05-28 - Board of Directors Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, May 28, 2015, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Ric Collett, President Michael J. Beverage, Vice President Phil Hawkins Robert R. Kiley Gary T. Melton 4. ADDITIONS/DELETIONS TO THE AGENDA 5. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to three minutes. 6. SPECIAL RECOGNITION 6.1. Introduce Matt Woolsey, Newly Hired Maintenance Worker I 7. COMMITTEE REPORTS 7.1. Citizens Advisory Committee (Collett) · Minutes of the meeting held May 18, 2015 at 8:00 a.m. · Next meeting is scheduled to be held June 22, 2015 at 8:30 a.m. 8. 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. 8.1. Minutes of the Board of Directors Regular Meeting held March 25, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Workshop Meeting held March 31, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 8.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,165,516.58. 8.4. Final Progress Payment No. 2 and Request to File Notice of Completion for the Richfield Campus Spoils Project Recommendation: That the Board of Directors approve Final Progress Payment No. 2 in the net amount of $93,585.45 to The Stone Collector and 5% retention of $7,317.80; authorize staff to file the Notice of Completion and release the retention thirty-five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for construction of the Richfield Campus Spoils Project, Job No. 2014-13S. 8.5. Declaration of Restrictive Covenants with Mr. Rodney Farley, 3993 Sage Ridge Drive and Mr. Denis Ernandes, 3983 Sage Ridge Drive Recommendation: That the Board of Directors authorize the President and Board Secretary to execute the Declaration of Restrictive Covenants, one each, with Mr. Rodney Farley and Mr. Denis Ernandes. 8.6. Agreement with Switch for a Nevada Colocation Site to Implement Phase 4 (Disaster Recovery) of the Storage Solution and Recovery Plan Recommendation: That the Board of Directors authorize the General Manager to execute the Colocation Facilities Agreement with Switch in the amount of $500 a month, subject to final approval by legal counsel. 9. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 9.1. Proposed Establishment of Water Use Restrictions and Imposition of Drought Penalties to Comply with State of California Mandate Recommendation: That the Board of Directors consider adopting Ordinance No. 15- 01 Instituting Drought Penalties to Comply with the State of California Mandate. 10. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District’s interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 10.1. Potential Amendments to Ordinance No. 09-01 Instituting Water Conservation Measures, Prohibition Against Water Waste and Water Shortage Supply Contingencies 10.2. Draft FY 2015/16 Operating Budget (Materials to be provided at the meeting.) 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. President's Report 11.2. Directors' Reports · Drought Response Grant Program Workshop - May 14, 2015 · OC Water Summit - May 15, 2015 · Tour of Mesa Water District Facility - May 18, 2015 11.3. General Manager's Report 11.4. General Counsel's Report 11.5. Future Agenda Items and Staff Tasks 12. COMMITTEE REPORTS CONTINUED 12.1. Investment Ad Hoc Committee (Hawkins / Beverage) · Next meeting is yet to be scheduled. 12.2. YLWD-City of Placentia Joint Agency Committee (Melton / Kiley) · Next meeting was scheduled to be held June 16, 2015 at 9:00 a.m. but is in the process of being rescheduled. 12.3. YLWD-City of Yorba Linda Joint Agency Committee (Collett / Beverage) · Minutes of the meeting held May 19, 2015 at 10:00 a.m. (To be provided at the next regular Board meeting.) · Next meeting is yet to be scheduled. 12.4. YLWD-MWDOC-OCWD Joint Agency Committee (Collett / Melton) · Minutes of the meeting held May 26, 2015 at 4:00 p.m. (To be provided at the next regular Board meeting.) · Next meeting is scheduled to be held July 28, 2015 at 4:00 p.m. 13. INTERGOVERNMENTAL MEETINGS 13.1. YL Planning Commission - May 13, 2015 (Melton) 13.2. OCWD Board - May 14, 2015 (Collett) 13.3. YL City Council - May 19, 2015 (Collett) 13.4. MWDOC Board - May 20, 2015 (Melton) 13.5. OCWD Board - May 20, 2015 (Kiley) 13.6. YL Planning Commission - May 27, 2015 (Hawkins) 13.7. OCSD - May 27, 2015 (Kiley/Beverage) 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from May 29, 2015 - June 30, 2015 15. CONFERENCES, SEMINARS, AND SPECIAL EVENTS This section of the agenda is for the Board of Directors to authorize Director attendance at the listed events. 15.1. Groundwater Replenishment System Initial Expansion Dedication - June 26, 2015 Recommendation: That the Board of Directors authorize Director attendance at this event if desired. 16. ADJOURNMENT 16.1. The next Regular Board of Directors Meeting will be held Thursday, June 11, 2015 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District’s business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District’s internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 7.1 AGENDA REPORT Meeting Date: May 28, 2015 Subject:Citizens Advisory Committee (Collett) · Minutes of the meeting held May 18, 2015 at 8:00 a.m. · Next meeting is scheduled to be held June 22, 2015 at 8:30 a.m. ATTACHMENTS: Name:Description:Type: 051815_-_CAC_Minutes.docx Minutes Minutes 1 MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING Monday, May 18, 2015, 8:00 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The May 18, 2015 meeting of the Yorba Linda Water District’s Citizens Advisory Committee was called to order by Chair Daniel Mole at 8:00 a.m. The meeting was held in the Training Room at the District’s Administration Building located at 1717 East Miraloma Avenue, Placentia, California 92870. 2. ROLL CALL COMMITTEE MEMBERS PRESENT Daniel Mole, Chair Bill Guse Rick Buck, Vice Chair Fred Hebein Lindon Baker Joe Holdren Carl Boznanski Modesto Llanos Oscar Bugarini, Sr. Cheryl Spencer-Borden YLWD DIRECTORS PRESENT YLWD STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Damon Micalizzi, Public Information Manager Delia Lugo, Finance Manager Cindy Botts, Management Analyst Malissa Tem, Public Affairs Specialist 3. PUBLIC COMMENTS None. 4. DISCUSSION ITEMS 4.1. Recap of Board of Directors' Budget/Rate Workshop Ms. Lugo and Ms. Botts offered an abbreviated version of the District’s Budget Workshop held April 30, 2015. Although the majority of the Committee understood and appreciated the position that the new State Regulations have posed for the District, some Committee members expressed concern about how the initially proposed rate adjustment will be received, especially by the low water users. The topic of tiered rates based on elevation and other alternative billing methods to encourage water conservation were briefly discussed. The Committee offered many insights and valuable input as to how Customers may feel about the direction of the proposed business model shift and articulated many of the points that staff should underscore in its communications related to the Proposition 218 process. 2 4.2. Institution of Stage 3 Water Conservation Measures Staff, presented the Committee with the information related to Stage 3 of the District’s Conservation Ordinance, which goes into effect on June 1, 2015. Staff called on the Committee to help influence the Community about the severity of the Drought, the impacts of the State Regulations, and the importance of Conservation, immediately, upon June 1, 2015. 4.3. President's Report President Collett, who participated in both previous discussion items, offering Board insight, had nothing more to report. 4.4. Future Agenda Items None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 10:00 a.m. The next Citizens Advisory Committee meeting is scheduled to be held Monday, June 22, 2015 at 8:30 a.m. DM ITEM NO. 8.1 AGENDA REPORT Meeting Date: May 28, 2015 Subject:Minutes of the Board of Directors Regular Meeting held March 25, 2015 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2015-03-25_-_BOD_-_Minutes.doc Minutes Minutes Approved by the Board of Directors of the Yorba Linda Water District 5/28/2015 MB/PH 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Wednesday, March 25, 2015, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The March 25, 2015 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Collett at 8:30 a.m. The meeting was held in the Board Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE Director Melton led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Michael J. Beverage, Vice President Steve Conklin, Engineering Manager Phil Hawkins John DeCriscio, Operations Manager Robert R. Kiley Gina Knight, Human Resources/Risk Manager Gary T. Melton Delia Lugo, Finance Manager Damon Micalizzi, Public Information Manager Art Vega, Information Technology Manager Annie Alexander, Executive Secretary Marie Pagenkopp, Customer Service Rep II Cindy Botts, Management Analyst ALSO PRESENT Eddy Beltran, Partner, Kidman Law LLP Mike Markus, General Manager, Orange County Water District Tom Lindsey, Mayor Pro Tem, City of Yorba Linda 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS None. 6. SPECIAL RECOGNITION 6.1. Introduce Marie Pagenkopp, Newly Hired Customer Service Representative II Mrs. Lugo introduced Ms. Pagenkopp and provided the Board with an overview of her background and work experience. The Board welcomed Ms. Pagenkopp to the District. 2 Ms. Pagenkopp left the meeting at this time. 7. PRESENTATIONS 7.1. Cleanup of Orange County Groundwater Basin Contamination – Presented by Roger Yoh, Director, and Mike Markus, General Manager, Orange County Water District Mr. Markus addressed the Board and explained that Director Yoh was not going to be able to make it to the meeting. He then provided a PowerPoint presentation regarding the Orange County Water District’s history, water sources, contamination plumes affecting wells located in the north and south groundwater basins, and the strategy for cleanup. Mr. Markus then responded to questions from the Board regarding concerns of the Orange County Business Council, estimated timeframe for cleanup, related litigation, and the possibility of the location being declared a Superfund site. Mr. Markus left the meeting at this time. 8. CONSENT CALENDAR Director Kiley made a motion, seconded by Director Melton, to approve the Consent Calendar. Motion carried 5-0. 8.1. Minutes of the Board of Directors Regular Meeting held February 12, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Workshop Meeting held February 19, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 8.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,816,502.77. 8.4. Progress Payment No. 1 and Change Order No. 1 for the Richfield Campus Spoils Project Recommendation: That the Board of Directors approve Progress Payment No. 1 in the net amount of $45,452.75 and Change Order No. 1 adding an additional 30 calendar days to The Stone Collector for construction of the Richfield Campus Spoils Project, Job No. 2014-13S. 3 8.5. Progress Payment No. 1 and Change Order No. 1 for the Richfield Gate Modifications Project Recommendation: That the Board of Directors approve Progress Payment No. 1 in the net amount of $5,700.00 and Change Order No. 1 adding an additional 60 calendar days to Harris Steel Fence Co., Inc. for construction of the Richfield Gate Modifications Project, Job No. 2014-10. 8.6. Brand-Name Requirement for Well 21 Equipping Project Recommendation: That the Board of Directors approve the Brand-Name Requirement for the Well 21 Equipping Project for the items as specified in attached Staff Memorandum, namely Modicon Programmable Logic Controller, ABB Magnetic Flow Meters, Cla-Val Pump Control Valves, Mercoid Pressure Switches, and Rosemont Pressure Transmitters. 8.7. Claim Filed by Johny Boulos Recommendation: That the Board of Directors reject the claim submitted by Johny Boulos and refer it to ACWA/JPIA. 9. ACTION CALENDAR 9.1. Preparation of a Water and Wastewater Rate Study Mr. Marcantonio explained that at a previous meeting, the Board had authorized issuance of a request for proposal for the conduct of a water and wastewater rate study. To expedite the process, staff contacted Raftelis Financial Consultants, Inc., a consultant who had prepared previous studies and financials models for the District. Due to Raftelis’ familiarity of the District’s business model an philosophy, staff was able to negotiate a price of $25,000 for a water rate study and $25,000 for a wastewater rate study. Director Beverage made a motion, seconded by Director Hawkins, to authorize the General Manager to execute a Professional Services Agreement with Raftelis Financial Consultants, Inc. in the amount not to exceed $50,000 to conduct a Water and Wastewater Rate Study. Motion carried 5-0. 10. DISCUSSION ITEMS 10.1. SWRCB Extended Emergency Regulations Mr. Marcantonio provided an overview of the emergency regulations extended by the State Water Resources Control Board (SWRCB). He explained that as the District already has a drought contingency plan in place (Ordinance No. 09-01), not all the SWRCB’s prohibitions will affect the District. Those that will include no irrigation of turf during and 48 hours following measurable precipitation and additional reporting requirements. Mr. Marcantonio then responded to questions from the Board regarding 4 the possibility of moving to a Stage 2 water supply shortage and SWRCB’s definition of “measureable rainfall”. 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. President's Report None. 11.2. Directors' Reports FPPC Form 700 Training – March 16, 2015 Director Kiley reported on his attendance at this training. 11.3. General Manager's Report Mr. Marcantonio provided the Board with an overview of his activities and meeting attendance. He then asked each manager in attendance to provide a report regarding activities within their respective departments. Director Hawkins and Mrs. Botts left the meeting at this time. 11.4. General Counsel's Report Mr. Beltran briefly commented on the SWRCB’s description of “measurable rainfall”. 11.5. Future Agenda Items and Staff Tasks None. 12. COMMITTEE REPORTS 12.1. Executive-Administrative-Organizational Committee (Collett / Beverage) Next meeting is scheduled to be held April 13, 2015 at 4:00 p.m. 12.2. Investment Ad Hoc Committee (Hawkins / Beverage) Next meeting is yet to be scheduled. 12.3. YLWD-City of Placentia Joint Agency Committee (Melton / Kiley) Minutes of the meeting held February 24, 2015 at 9:00 a.m. will be provided at the next regular Board meeting. Next meeting is scheduled to be held April 7, 2015 at 9:00 a.m. at the District’s offices. 5 12.4. YLWD-City of Yorba Linda Joint Agency Committee (Collett / Beverage) Minutes of the meeting held February 10, 2015 at 10:30 a.m. were provided in the agenda packet. Next meeting is scheduled to be held April 28, 2015 at 10:00 a.m. at the District’s offices. 12.5. YLWD-MWDOC-OCWD Joint Agency Committee (Collett / Melton) Minutes of the meeting held March 24, 2015 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled to be held May 26, 2015 at 4:00 p.m. 12.6. Citizens Advisory Committee (Collett) Minutes of the meeting held February 23, 2015 at 8:30 a.m. were provided in the agenda packet. Next meeting is scheduled to be held April 27, 2015 at 8:30 a.m. 13. INTERGOVERNMENTAL MEETINGS 13.1. YL LMCAC - March 12, 2015 (Beverage - As Needed) Director Beverage did not attend this meeting. 13.2. YL City Council - March 17, 2015 (Collett) Director Collett attended and provided a report regarding matters of interest which were considered at the meeting. 13.3. MWDOC Board - March 18, 2015 (Melton) Director Melton attended and commented on some items of business which were addressed during the meeting. 13.4. OCWD Board - March 18, 2015 (Kiley) Director Kiley attended and reported on a few matters of interest which were discussed during the meeting. 13.5. LAFCO - March 20, 2015 (Beverage - As Needed) Director Beverage did not attend this meeting. 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from March 26, 2015 – April 30, 2015 The Board reviewed the activity calendar and made no changes. 6 15. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 15.1. OC Water Summit - May 15, 2015 Director Melton made a motion, seconded by Director Kiley, to authorize Director attendance at this event if desired. Motion carried 5-0. The following Closed Session was not held. 16. CLOSED SESSION 16.1. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to potential claim submitted on behalf of Johny Boulos. Number of Potential Cases: One 17. ADJOURNMENT 17.1. The meeting was adjourned at 9:55 a.m. A Board of Directors Workshop Meeting has been scheduled for Tuesday, March 31, 2015 at 8:30 a.m. The next Regular Board of Directors Meeting will be held Thursday, April 9, 2015 at 8:30 a.m. Annie Alexander Assistant Board Secretary ITEM NO. 8.2 AGENDA REPORT Meeting Date: May 28, 2015 Subject:Minutes of the Board of Directors Workshop Meeting held March 31, 2015 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 033115_BOD_-_Minutes.doc Minutes Minutes Approved by the Board of Directors of the Yorba Linda Water District 5/28/2015 MB/PH 5-0 1 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS WORKSHOP MEETING Tuesday, March 31, 2015, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The March 31, 2015 Yorba Linda Water District Board of Directors Workshop Meeting was called to order by President Collett at 8:30 a.m. The meeting was held in the Board/Training Room at the District’s Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Collett led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Michael J. Beverage, Vice President Steve Conklin, Engineering Manager Phil Hawkins John DeCriscio, Operations Manager Robert R. Kiley Gina Knight, Human Resources / Risk Manager Gary T. Melton Delia Lugo, Finance Manager Art Vega, IT Manager Damon Micalizzi, Public Information Manager Annie Alexander, Executive Secretary Cindy Botts, Management Analyst OTHER ATTENDEES Brett Barbre, Director, MWDSC and MWDOC 4. PUBLIC COMMENTS None. 5. DISCUSSION ITEMS 5.1. Draft FY 2015/16 Operating Budget (Materials to be provided at the meeting.) Mr. Marcantonio provided the Board with a summary of what was to be discussed during the workshop meeting. Mrs. Lugo began the presentation with an overview of the 2012 water financial model, trends in water costs, historical and projected water purchases, and additional factors affecting the cost of providing water. She then reviewed the outlook for FY 2015/16 including a summary of the budget, key budget assumptions, projected revenues and expenses, and the financial impact of the drought. The Board then discussed the percentage of operating costs being covered by the fixed charge. Mrs. Lugo continued the 2 presentation and provided a local agency rate and monthly bill comparison and reviewed the key factors of the projected expenses for FY 2015/16. She noted that the current water model did not include electricity costs as pass-throughs and the projected increase for this expense next fiscal year was $530K. The Board then discussed pass-through variable costs and projected base fee increases assuming 30-40% of operating costs being covered by the fixed charge. Mr. Marcantonio provided a summary of replacement costs for water assets and Mrs. Lugo reviewed the District’s projected and minimum reserve levels. Mr. Conklin then provided an overview of the District’s 5 year Capital Improvement Plan projections. Mrs. Lugo noted that staff would be working with the consultant to update the financial model in preparation for the next workshop meeting. Staff will also revise the current budget calendar to plan for a potential rate increase effective October 1, 2015. 6. ADJOURNMENT 6.1. The meeting was adjourned at 10:06 a.m. The next Regular Board of Directors Meeting will be held Thursday, April 9, 2015 at 8:30 a.m. Annie Alexander Assistant Board Secretary ITEM NO. 8.3 AGENDA REPORT Meeting Date: May 28, 2015 Budgeted:Yes To:Board of Directors Cost Estimate:$1,165,516.58 Funding Source:All Funds From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Reviewed by Legal:N/A Prepared By:Richard Cabadas, Accounting Assistant I CEQA Compliance:N/A Subject:Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors’ approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $1,165,516.58. DISCUSSION: The major items on this disbursement list are as follows: A check of $44,389.23 to CalCard US Bank for credit card transactions processed for May 2015; a check of $59,915.65 to MR2 Solutions Inc for I.T. PowerEdge server and computer related equipment; a check of $45,704.57 to MWH Americas Inc for May 2015 Professional services on J2010-11B; a check of $93,585.45 to Moutaz Alsayed dba The Stone Collector for Final progress payment; a wire of $445,273.17 to MWDOC for March 2015 water purchases; a wire of $33,303.35 to So. California Edison for April 2015 electricity charges for multiple locations; a wire of $21,644.38 to Southern California Gas Company for Richfields April 2015 gas charges; and a wire of $13,813.89 to So. California Edison for April 2015 electricity charges for multiple locations. The balance of $154,726.65 is routine invoices. The Accounts Payable check register total is $912,356.34; Payroll No. 10 total is $253,160.24; and the disbursements of this agenda report are $1,165,516.58. A summary of the checks is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Name:Description:Type: 15_CC_0528.pdf CREDIT CARD SUMMARY Backup Material 15-CS_0528.pdf CAP SHEET Backup Material CkReg052815.pdf CHECK REGISTER Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/28/2015 MB/PH 5-0 Date Vendor Name Amount Description 5/4/2015 Michaels 161.95 Purchase of picture frames 5/4/2015 Fullerton Paint 516.88 Hydrant and Curb paint 5/4/2015 Cleanitsupply.com 93.24 Paper towels for water quality 5/4/2015 Grainger 175.72 (2) Delineators post for Richfield gate 5/4/2015 Sheraton Grand 216.33 Revision - Lodging for Marc - ACWA Conference 5/4/2015 Southwest Airlines 137.00 Revision - Flight arrangement - Marc 5/4/2015 AWWA 665.00 AWWA Conference registration 5/4/2015 Schorr Metals 401.16 J2014-13S - Metal brackets for spoils bin 5/4/2015 Carl's Jr.7.75 Lunch - ACWA Conferece - Marc 5/4/2015 Sheraton Grand 14.00 Dinner - ACWA Conference - Marc 5/5/2015 Orchard Supply Hardware 41.02 Paint supplies 5/5/2015 Home Depot 33.88 Sump pump & parts for Well 18 5/5/2015 King's Flowers 70.20 Sympathy plant for Mando Raya 5/5/2015 Equifax Verification Services 27.95 Employment verification 5/5/2015 First Aid Supplies Online 329.62 Miscellaneous first aid supplies 5/5/2015 Home Depot 73.04 J2014-13S - Lumber for spoils bin 5/5/2015 Grange Bar 54.00 Lunch - ACWA Conferece - Marc & Kidman 5/5/2015 Esquire Grill 32.00 Dinner - ACWA Conference - Marc 5/6/2015 Community Lock & Safe 14.53 New keys for lockers & cabinets 5/6/2015 Orchard Supply Hardware 14.23 Repair parts for sinks in Bldg 1&2 5/6/2015 Ferguson Enterprise 378.84 Repair parts for (2) admin faucets 5/6/2015 Biard & Crocket Plump 62.21 Parts for sink in admin building 5/6/2015 United Water Works 14,881.00 March 2015 Invoices 5/6/2015 AP Cab 13.00 Transportation - Marc 5/7/2015 Orchard Supply Hardware 7.01 Conduit PVC - SCH 40 5/7/2015 C. Wells Supply 305.10 (10) 3/4" Taps for tapping team 5/7/2015 Lightbulbs Etc.25.88 Parts for electrical repair at admin building 5/7/2015 McMaster Carr 60.19 (1) Pressure compensating flow meter 5/7/2015 Alonti Catering 170.64 Lunch for board meeting - 05/11/2015 5/7/2015 Engineer Supply 72.22 Tools & Equipment 5/7/2015 Safety Center Incorporated 2,424.00 Certified safety management - Fall Session course 5/7/2015 Home Depot 37.77 J2014-13S - 6'x20' screen for spoil bin 5/7/2015 In-n-Out 9.61 Lunch - ACWA Conference - Marc 5/7/2015 Parking Concepts Inc.80.00 Parking toll/fee 5/8/2015 Sheraton Grand 447.24 Lodging for ACWA Conference - Marc 5/8/2015 FTP TODAY 54.95 ylwd.ftptoday.com 5/11/2015 Stater Brothers Market 77.08 (13) 20 lbs bags of ice for YLWD event 5/11/2015 Walmart 166.02 (2) coolers for YLWD event 5/11/2015 Star12 - National Seminar Training 1,393.00 (7) Membership renewals 5/11/2015 Star12 - National Seminar Training 199.00 (1) Membership renewal 5/12/2015 Orchard Supply Hardware 15.52 Paint for facility maintenance 5/12/2015 Secretary of State 20.00 Statement of Information filing 5/13/2015 United Water Works 14,847.45 March & April 2015 Invoices 5/13/2015 Answer One Communications 354.00 Answering Service - April 2015 5/14/2015 CSDA 625.00 CSDA General Manager Summit registration - Marc 5/14/2015 Inland Group 4,583.00 Spring 2015 Newsletter and inserts 44,389.23 Cal Card Credit Card U S Bank 5/04/15-5/14/15 . May 19, 2015 CHECK NUMBERS & WIRES: Computer Checks 65610—65701 $ 398,321.55 VOID 65673 $ 0.00 VOID 65692 $ 0.00 ___________ $ 398,321.55 WIRE: W051515 MWDOC $ 445,273.17 W052115 So. California Edison $ 33,303.35 W052115A So. California Gas Co. $ 21,644.38 W052615 So. California Edison $ 13,813.89 ____________ $ 514,034.79 TOTAL OF CHECKS & WIRES $912,356.34 PAYROLL NO. 10: Direct Deposits $ 160,329.75 Third Party Checks 6140—6147 $ 49,570.04 Payroll Taxes $ 43,260.45 $ 253,160.24 TOTAL OF PAYROLL $253,160.24 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $1,165,516.58 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF May 28, 2015 ==================================================================. Check No.Date Vendor Name Amount Description 65624 05/28/2015 AGB-American Geophysical Brokerage 1,365.00 SEISMIC SENSOR FOR HIDDEN HILL 65625 05/28/2015 Apollo Technologies Inc.430.00 WATER TREATMENT SERVICE-CLOSED LOOPS 65626 05/28/2015 Aramark 441.42 UNIFORM SERVICE 65633 05/28/2015 ARC 20.00 PW - DOC & BID MANAGEMENT 65627 05/28/2015 CalCard US Bank 44,389.23 MAY 2015 - CREDIT CARD TRANSACTIONS 65628 05/28/2015 CDW Government, Inc 46.44 KINGSTON 8GB USB 2.0 65629 05/28/2015 Chambers Group Inc.1,794.01 PROFESSIONAL SERVICES - APRIL 2015 65630 05/28/2015 City Of Anaheim 29,814.37 LAKEVIEW & RICHFIELD - ELEC - APRIL 2015 65631 05/28/2015 City Of Placentia 7,298.68 SEWER FEES - MARCH & APRIL 2015 65632 05/28/2015 Coastal Ignition & Controls 1,459.25 SPARK PLUGS - AUTO MAINTENANCE 65669 05/28/2015 County of Orange 134.13 WASTE & RECYCLE 65634 05/28/2015 Culligan of Santa Ana 2,020.46 EQUIPMENT - PE SOFTENER 65621 05/28/2015 CUNNINGHAM -DAVIS CORPORATION 1,960.90 CUSTOMER REFUND 65635 05/28/2015 Dell Marketing L.P.12,754.43 IT - COMPUTERS & SERVERS 65636 05/28/2015 Delta Wye Electric, Inc.920.49 REPLACE WIRING ON FAIRMONT 65637 05/28/2015 Donut Designs 1,250.00 YLWD.COM SYSTEM UPGRADE 65638 05/28/2015 Doxo Inc 2,062.00 ANNUAL BILLING -1-9-15-8-10-15 65639 05/28/2015 Economy Radiator Repair 225.00 REPAIR COMPRESSOR RADIATOR 65619 05/28/2015 EFRAIN VAZQUEZ 79.98 CUSTOMER REFUND 65640 05/28/2015 Eisel Enterprises, Inc.81.00 J2013-15- MTR BOX, LID & COVER 65641 05/28/2015 Elite Equipment Inc 281.85 EQUIPMENT MAINT - PARTS 65642 05/28/2015 Employee Relations, Inc.175.40 PRE EMPLOYMENT - BACKGROUND 65643 05/28/2015 Energy Environmental Soln, Inc 2,400.00 ICE TESTING - WELL #7 65645 05/28/2015 EyeMed 1,370.84 EYE MED PREMIUM - MAY 2015 65644 05/28/2015 Federal Express 18.14 SHIPPING - 04/22/15 65646 05/28/2015 Fleet Services, Inc 757.36 CLEAN DPF - UNIT 154 65622 05/28/2015 FRANCIS DOMBROWSKI 125.00 CUSTOMER REFUND 65647 05/28/2015 Fry's Electronics 166.12 IT HARDWARE SUPPLIES 65611 05/28/2015 GUS SEARCY 176.47 CUSTOMER REFUND 65648 05/28/2015 Hall & Foreman, Inc 202.50 J2013-22S - PROF SVCS - FEB 15 65620 05/28/2015 HAMIDULLAH NAJIB 83.34 CUSTOMER REFUND 65649 05/28/2015 Harris Steel Fence Co., Inc 2,296.10 J2014-10 - RETENTION RELEASE 65623 05/28/2015 HONG LUO 58.32 CUSTOMER REFUND 65650 05/28/2015 Hydrex Pest Control 175.00 PEST CONTROL - MAY 2015 65651 05/28/2015 Infosend Inc.2,331.19 DATA, PRINT & POSTAGE 65615 05/28/2015 ISAAC GROSSO 38.24 CUSTOMER REFUND 65652 05/28/2015 Jackson's Auto Supply - Napa 136.83 AUTO MAINTENANCE - PARTS 65653 05/28/2015 JKP, Inc.9,120.00 CARPET REPLACEMENT - OPS BLDG 65618 05/28/2015 KATHARINE DURAN 76.84 CUSTOMER REFUND 65654 05/28/2015 Kidman Law 9,426.50 LEGAL SERVICE 65655 05/28/2015 Kimball Midwest 43.90 FUSES AND FITTINGS 65699 05/28/2015 Konica Minolta Business 567.01 BIZHUB C552 & 181 - LEASE 65616 05/28/2015 LARRY OLIVAREZ 125.00 CUSTOMER REFUND 65656 05/28/2015 Lee & Ro, Inc.3,525.00 PROFESSIONAL SERVICES - 2008-17B 65614 05/28/2015 LINDSAY RIVERA 145.58 CUSTOMER REFUND 65658 05/28/2015 Marina Landscape, Inc 4,464.68 LANDSCAPE MAINTENANCE -04/2015 65659 05/28/2015 Mc Fadden-Dale Hardware 179.60 HARDWARE SUPPLIES 65613 05/28/2015 MICHAEL CRUZ 114.38 CUSTOMER REFUND 65660 05/28/2015 Morton Salt, Inc.2,414.18 SALT - WHITE CRSYTAL MEDIUM 65661 05/28/2015 MR2 Solutions Inc 59,915.65 DELL NETWORKING/POWEREDGE W051515 05/15/2015 Municipal Water District 445,273.17 WATER PURCHASES - MARCH 2015 65662 05/28/2015 Murcal, Inc.56.91 WHITE LED BULBS 65663 05/28/2015 MWH Americas, Inc.45,704.57 J2010-11B - PROFESSIONAL SERVICES 65664 05/28/2015 NatPay Online Business Solutions 22.95 DOCULIVERY - APRIL 2015 65665 05/28/2015 New Pig Corporation 426.15 OIL ABSORBENT - PADS 65666 05/28/2015 Nickey Kard Lock Inc 5,631.85 FUEL 65667 05/28/2015 O.C. Driveline 141.16 U JOINT INSTALLATION-PASO FINO 65668 05/28/2015 Orange County - Tax Collector 253.18 ENCROACHMENT PERMIT #2015-0260 65670 05/28/2015 Orvac Electronics 97.16 BATTERIES FOR WELL #1 & #2 65676 05/28/2015 P.T.I. Sand & Gravel, Inc.1,343.10 BASE MATERIAL & COLD MIX ASPHALT 65671 05/28/2015 PASMA 105.00 PASMA MEETING & MEMBERSHIP 65672 05/28/2015 Pete's Road Service Inc 120.61 REPAIR FLAT - UNIT 154 65673 05/28/2015 Placentia Disposal #676 0.00 VOID 65674 05/28/2015 Powerstride Battery 318.88 H4D BATTERY Yorba Linda Water District Check Register For Checks Dated: 05/12/2015 thru 5/28/2015 65675 05/28/2015 Praxair Distribution 836.05 CYLINDER DELIVERY 65677 05/28/2015 Quinn Power Systems Associates 165.43 AUTO MAINTENANCE 65688 05/28/2015 Rachel Padilla/Petty Cash 403.37 PETTY CASH - YARD & OFFICE 65678 05/28/2015 Raftelis Financial Consultants, Inc.1,680.00 PROFESSIONAL SERVICES - APRIL 2015 65680 05/28/2015 Robert Kiley 121.76 TRAVEL EXPENSE REIMBURSEMENT-KILEY 65679 05/28/2015 Robotic Sewer Solutions Inc 4,400.00 SPOT REPAIRS - SEWER LINES 65681 05/28/2015 Rootx 4,827.64 ROOTX 40 65682 05/28/2015 Safety-Kleen Systems Inc 35.00 WASTE OIL SERVICE 65683 05/28/2015 SC Prime Source Inc.4,800.00 JANITORIAL SERVICE - MAY 2015 65684 05/28/2015 Security Solutions 5,193.60 J2014-10 - INSTALL GATE & EQUP 65685 05/28/2015 Selman Chevrolet Company 993.44 AUTO MAINTENANCE 65686 05/28/2015 Shape Products Co.151.39 PRODUCTION REPAIR PARTS 65687 05/28/2015 Shred-It USA Inc 88.96 SHRED ON-SITE SERVICE W052115 05/21/2015 Southern Calif Edison Co.33,303.35 MULTIPLE LOCATIONS - APRIL 2015 W052615 05/26/2015 Southern Calif Edison Co.13,813.89 MULTIPLE LOCATIONS - APRIL 2015 W052115A 05/21/2015 Southern Calif Gas Co.21,644.38 RICHFIELD RD - APRIL 2015 65690 05/28/2015 St.Jude Hospital Yorba Linda 35.00 DMV PHYSICAL EXAM - MCDONALD 65689 05/28/2015 Stantec Consulting Services Inc.2,552.00 J2014-23 - PROF. SERVICES 65612 05/28/2015 TARA PARA 183.43 CUSTOMER REFUND 65691 05/28/2015 TDI Refrigeration Air Conditioning Inc.489.08 SERVICE CALL - HVAC UNIT 65657 05/28/2015 The Lighthouse Inc.565.39 LED LIGHTBARS 65692 05/28/2015 The Stone Collector 0.00 VOID 65700 05/28/2015 The Stone Collector 93,585.45 2014-13S -FIN PROG. PAYMENT #2 65701 05/28/2015 The Stone Collector 7,317.80 2014-13S -RETENTION RELEASE 65693 05/28/2015 Time Warner Cable 168.07 BASIC CABLE - MIRALOMA 65694 05/28/2015 Townsend Public Affairs, Inc.5,000.00 CONSULTING SERVICE - MAY 2015 65695 05/28/2015 Toxguard Fluid Technologies 392.00 WASTE - HD & WASTE COOLANT 65617 05/28/2015 TRAVIS BROWN 175.27 CUSTOMER REFUND 65696 05/28/2015 Underground Service Alert 264.00 YLWDIST NEW TICKET CHARGES 65610 05/28/2015 YOLANDA MCDONALD 104.17 CUSTOMER REFUND 65697 05/28/2015 Yorba Linda Hardware 22.13 HARDWARE SUPPLIES 65698 05/28/2015 Zane Woller 91.79 BOOT REIMBURSEMENT - WOLLER,Z 912,356.34 ITEM NO. 8.4 AGENDA REPORT Meeting Date: May 28, 2015 Budgeted:Yes Total Budget:$150,000 To:Board of Directors Cost Estimate:$146,356 Funding Source:All Water Funds From:Marc Marcantonio, General Manager Job No:J2014-13S Presented By:Steve Conklin, Engineering Manager Dept:Engineering Reviewed by Legal:N/A Prepared By:Bryan Hong, Associate Engineer CEQA Compliance:Exempt Subject:Final Progress Payment No. 2 and Request to File Notice of Completion for the Richfield Campus Spoils Project SUMMARY: Construction is complete on the Richfield Campus Spoils Project. The project consists of the installation of a small concrete containment area on District property that will accommodate excess spoils from District repair and installation work. STAFF RECOMMENDATION: That the Board of Directors approve Final Progress Payment No. 2 in the net amount of $93,585.45 to The Stone Collector and 5% retention of $7,317.80; authorize staff to file the Notice of Completion and release the retention thirty-five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for construction of the Richfield Campus Spoils Project, Job No. 2014- 13S. DISCUSSION: In accordance with the contract documents, The Stone Collector submitted a request for Final Progress Payment No. 2, in the amount of $98,511.00 for completed work through May 5, 2015. During this period, the contractor constructed the concrete slab and retaining walls to compete the project. This is the final pay request for this project. Change Order No. 1 was previously approved for a no-cost, 30-day time extension. Change Order No. 2 was previously approved in the amount of $3,600.00 for extra work to remove unforeseen concrete encasement of the existing sewer pipe. The status of the construction contract with The Stone Collector is as follows: The current contract is $146,356.00 and 75 calendar days starting February 17, 2015. If approved, Final Progress Payment No. 2 is $98,511.00 (67.3% of the total contract amount), less 5% retention of $4,925.55 for a net payment of $93,585.45. If approved, total payments to date including retention will be $146,356.00 (100% of the total contract amount). Staff reviewed the contractor’s progress payment request and recommends approval. A copy of Final Progress Payment No. 2 is attached for your reference. STRATEGIC PLAN: SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with adopted amendments PRIOR RELEVANT BOARD ACTION(S): On December 8, 2014, the Board of Directors awarded a Construction Contract in the amount of $142,756 to The Stone Collector for the Richfield Campus Spoils Project. On March 25, 2015, the Board of Directions approved Progress Payment No. 1 and Change Order No. 1. ATTACHMENTS: Name:Description:Type: Richfield_Campus_Spoils_PPR_002.pdf Final PPR No. 2_Campus Spoils Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/28/2015 MB/PH 5-0 YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT (FINAL) PROJECT Richfield Campus Spoils PROGRESS PAY REQUEST NO. 002 LOCATION Placentia, CA PROJECT NO. 201413S PAGE 1 OF 1 PAGES CONTRACTOR The Stone Collector DATE 5111/15 ORIGINAL CONTRACT AMOUNT: $ 142,756.00 AUTHORIZED CHANGE ORDERS: $ 3,600.00 REVISED CONTRACT AMOUNT: $ 146,356.00 PROGRESS PAY ESTIMATE FOR PERIOD March 14,2015 TO May 5,2015 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 47,845.00 $ 94,911.00 $ 142,756.00 CHANGE ORDER WORK COMPLETED $ - $ 3,600.00 $ 3,600.00 TOTAL VALUE OF WORK COMPLETED $ 47,845.00 $ 98,511.00 $ 146,356.00 LESS RETENTION 5% 1 $ 45,452.75 $ 93,585.45 $ 139,038.20 LESS OTHER DEDUCTIONS Electronic Wire Fees NET EARNED TO DATE $ 139,038.20 LESS AMOUNT PREVIOUSLY PAID $ 45,452.75 BALANCE DUE THIS ESTIMATE $ 93,585.45 NOTICE TO PROCEED February 17,2015 COMPLETION TIME 45 CALENDAR DAYS APPROVED TIME EXTENSIONS 30 CALENDAR DAYS TOTAL CONTRACT TIME 75 CALENDAR DAYS TIME EXPENDED TO DATE 75 CALENDAR DAYS TIME REMAINING 0 CALENDAR DAYS REQUESTED BY: DATE: Moutaz Alsayed,Owner,The Stone Collector RECOMMENDED: L DATE: Bry Hong, Project Ma ager,YLWD APPROVED BY: DATE: Steve Conklin, Engineering Manager,YLWD ITEM NO. 8.5 AGENDA REPORT Meeting Date: May 28, 2015 Budgeted:N/A To:Board of Directors Funding Source:N/A From:Marc Marcantonio, General Manager Presented By:Steve Conklin, Engineering Manager Dept:Engineering Reviewed by Legal:Yes Prepared By:Ricardo Hipolito Jr., Engineering Tech II CEQA Compliance:N/A Subject:Declaration of Restrictive Covenants with Mr. Rodney Farley, 3993 Sage Ridge Drive and Mr. Denis Ernandes, 3983 Sage Ridge Drive SUMMARY: The District has an existing sewer main located in a 20 foot-wide easement within 3993 and 3983 Sage Ridge Drive, Yorba Linda. The homeowners, Mr. Rodney Farley and Mr. Denis Ernandes, are requesting to construct surface improvements within the District's sewer easement as shown on the attached exhibit. Staff reviewed the request of the homeowners and recommends approval subject to the execution of a Declaration of Restrictive Covenants. STAFF RECOMMENDATION: That the Board of Directors authorize the President and Board Secretary to execute the Declaration of Restrictive Covenants, one each, with Mr. Rodney Farley and Mr. Denis Ernandes. DISCUSSION: Mr. Rodney Farley requested permission to construct several improvements within the 20 foot-wide sewer easement dedicated to the District at 3993 Sage Ridge Drive. The proposed improvements include construction of a sport court and concrete pavers within the District's easement. The applicant also proposes to move the existing gate 14-feet east from its original location when the tract was approved. Mr. Denis Ernandes requested permission to replace existing asphalt paving with concrete pavers, within the dedicated sewer easement at 3983 Sage Ridge Drive. The property owner will install a new gate to the north end of his property. An exhibit depicting the location of the projects is attached for your reference. The homeowners will also share the cost of a new gate between their properties, as shown on the attached exhibit. Staff requested, and the homeowners agreed, to the following conditions: Installed pavers must be able to accommodate the load of District vehicles. Newly installed gates must be accessible at all times to District staff and vehicles. Above surface improvements are not allowed with the District's easement. Staff reviewed each applicant's request and determined the improvements would have minimal impact on operations and maintenance of the District's facilities. To further protect the District's interest, staff recommends execution of the two attached Declaration of Restrictive Covenants Agreements with the homeowners, subject to approval as to form by General Counsel. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors authorized execution of similar Declaration of Restrictive Covenants with various developers and property owners. ATTACHMENTS: Name:Description:Type: DORC_-_3983_Sage_Ridge_Drive_- _Denis_Ernandes.pdf DoRC - 3983 Sage Ridge Drive - Denis Ernandes Backup Material DORC_-_3993_Sage_Ridge_Drive_- _Rodney_Farley.pdf DoRC - 3993 Sage Ridge Drive - Rodney Farley Backup Material Exhibit_A.pdf Exhibit A DoRCs for 3983 & 3993 Sage Ridge Drive Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/28/2015 MB/PH 5-0 RECORDING REQUESTED BY and when recorded return to: Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885-0309 This is to certify that this Declaration of Restrictive Covenants is presented for recording under the provisions of Gov. Code Sec. 27383 by the Yorba Linda Water District in performance of an official service thereof. ____________________________________ Marc Marcantonio General Manager Space Above This Line for Recorder’s Use DECLARATION OF RESTRICTIVE COVENANTS (ENCROACHMENT ON DISTRICT EASEMENT) THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made this 28th day of May, 2015 by and between YORBA LINDA WATER DISTRICT ("YLWD"), a public agency, created and operating under the authority of Division 12 of the California Water Code, and DENIS ERNANDES AND ESTELLA ERNANDES (“Owner”), with reference to the following recitals of fact: RECITALS A. The Owner is the legal owner of that certain real property located at 3983 Sage Ridge Drive, Yorba Linda, California 92886 ("Subject Property"), which is more particularly described as follows: LOT 4 OF TRACT NO. 16186, IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 848, PAGES 7 TO 14 INCUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. B. YLWD owns an Easement, as identified on Instrument No. 2003001052932, recorded on August 29, 2003, in Book 848, Pages 7 through 14 in Official Records of Orange County, California (“Easement”), across a portion of the Subject Property. Within the Easement, YLWD owns and maintains an 8-inch sewer main (“District Facilities”). C. The Owner desires to replace an existing asphalt paving with high grade pavers and install a new access gate (collectively herein referred to as “Improvements”) within and along the Easement area (hereinafter, “Encroachment”), as illustrated in Exhibit “A,” attached hereto and incorporated by reference herewith. D. YLWD conditionally consents to Encroachment of the Improvements within and along the Easement area as stipulated in this Declaration. Owner is aware that the Improvements may lead to problems affecting and/or interfering with YLWD’s use of the Easement. E. Although the construction of the Improvements or existence of walls, structures, and other improvements within and along the Easement area may interfere or restrict YLWD’s Easement rights, the Owner wishes to construct and use the Improvements within or along the Easement area. NOW, THEREFORE, incorporating the above recitals, YLWD and Owner declare as follows: 1. Covenant Running with Land. This Declaration constitutes a covenant running with the land as provided by the California Civil Code section 1468 and shall benefit, burden, and bind the successive owners of the Subject Property and the Easement. 2. Successors and Assigns Bound. Since Owner wishes to retain the Encroachment, this Declaration obligates the current and future owners of the Subject Property to remedy any future adverse events and to fund any necessary maintenance costs on the Easement and/or Subject Property that may arise in full or in part due to the existence, construction, or damages caused by the Encroachment. 3. Damages to District Facilities. Owner assumes full responsibility, liability and shall pay for any cost(s) or damage(s) to the District Facilities and appurtenant structures, arising from or related to the construction, existence, and/or use of the Improvements. YLWD shall not be responsible for any cost(s) or damage(s) to the District Facilities and appurtenant structures that arise from the Encroachment. 4. Damages to Third Parties. Owner, its successors or assigns, agrees to defend, indemnify and hold YLWD, its officers, directors, employees, agents and consultants, harmless against any third party claims related to or arising out of the construction, existence and/or use of the Improvements. 5. Damages to Improvements. Owner acknowledges that the Improvements may be damaged or demolished to permit reasonable access to or reasonable work within and under the Easement area. YLWD, its officers, directors, employees, agents and consultants, shall not be responsible for any damage(s) to or because of the Improvement which results from YLWD's exercise of rights under the Easement. Owner, its successors or assigns, waives all known, unknown, and future claims, liabilities, causes of action, and expenses (including, but not limited to, attorneys’ fees) against YLWD, its officers, directors, employees, agents and consultants, for losses and damages to the Improvement and from any obligation to protect, preserve, repair, or replace the Improvement. Construction, use, protection, repair and replacement of the Improvement shall be entirely the risk and obligation of Owner, its successors or assigns, even if damage is caused by YLWD. (INTENTIONALLY BLANK) 6. Recording of Agreement. This Declaration shall be recorded in the Office of the Recorder of the County of Orange, California, and shall constitute notice to all successors and assigns of the title to the Subject Property of the rights and obligations set forth herein. Approved as to Form: YORBA LINDA WATER DISTRICT Kidman Law, LLP _______________________________ Arthur G. Kidman Ric Collett General Counsel President Marc Marcantonio Secretary OWNER: Denis Ernandes Estella Ernandes RECORDING REQUESTED BY and when recorded return to: Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885-0309 This is to certify that this Declaration of Restrictive Covenants is presented for recording under the provisions of Gov. Code Sec. 27383 by the Yorba Linda Water District in performance of an official service thereof. ____________________________________ Marc Marcantonio General Manager Space Above This Line for Recorder’s Use DECLARATION OF RESTRICTIVE COVENANTS (ENCROACHMENT ON DISTRICT EASEMENT) THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made this 28th day of May, 2015 by and between YORBA LINDA WATER DISTRICT ("YLWD"), a public agency, created and operating under the authority of Division 12 of the California Water Code, and RODNEY J. FARLEY (“Owner”), with reference to the following recitals of fact: RECITALS A. The Owner is the legal owner of that certain real property located at 3993 Sage Ridge Drive, Yorba Linda, California 92886 ("Subject Property"), which is more particularly described as follows: LOT 5, OF TRACT NO. 16186, IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 848, PAGES 7 TO 14 INCUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. B. YLWD owns an Easement, as identified on Instrument No. 2003001052932, recorded on August 29, 2003, in Book 848, Pages 7 through 14 in Official Records of Orange County, California (“Easement”), across a portion of the Subject Property. Within the Easement, YLWD owns and maintains an 8-inch sewer main (“District Facilities”). C. The Owner desires to construct a sport court and concrete pavers, and relocate an existing gate (collectively herein referred to as “Improvements”) within and along the Easement area (hereinafter, “Encroachment”), as illustrated in Exhibit “A,” attached hereto and incorporated by reference herewith. D. YLWD conditionally consents to Encroachment of the Improvements within and along the Easement area as stipulated in this Declaration. Owner is aware that the Improvements may lead to problems affecting and/or interfering with YLWD’s use of the Easement. E. Although the construction of the Improvements or existence of walls, structures, and other improvements within and along the Easement area may interfere or restrict YLWD’s Easement rights, the Owner wishes to construct and use the Improvements within or along the Easement area. NOW, THEREFORE, incorporating the above recitals, YLWD and Owner declare as follows: 1. Covenant Running with Land. This Declaration constitutes a covenant running with the land as provided by the California Civil Code section 1468 and shall benefit, burden, and bind the successive owners of the Subject Property and the Easement. 2. Successors and Assigns Bound. Since Owner wishes to retain the Encroachment, this Declaration obligates the current and future owners of the Subject Property to remedy any future adverse events and to fund any necessary maintenance costs on the Easement and/or Subject Property that may arise in full or in part due to the existence, construction, or damages caused by the Encroachment. 3. Damages to District Facilities. Owner assumes full responsibility, liability and shall pay for any cost(s) or damage(s) to the District Facilities and appurtenant structures, arising from or related to the construction, existence, and/or use of the Improvements. YLWD shall not be responsible for any cost(s) or damage(s) to the District Facilities and appurtenant structures that arise from the Encroachment. 4. Damages to Third Parties. Owner, its successors or assigns, agrees to defend, indemnify and hold YLWD, its officers, directors, employees, agents and consultants, harmless against any third party claims related to or arising out of the construction, existence and/or use of the Improvements. 5. Damages to Improvements. Owner acknowledges that the Improvements may be damaged or demolished to permit reasonable access to or reasonable work within and under the Easement area. YLWD, its officers, directors, employees, agents and consultants, shall not be responsible for any damage(s) to or because of the Improvement which results from YLWD's exercise of rights under the Easement. Owner, its successors or assigns, waives all known, unknown, and future claims, liabilities, causes of action, and expenses (including, but not limited to, attorneys’ fees) against YLWD, its officers, directors, employees, agents and consultants, for losses and damages to the Improvement and from any obligation to protect, preserve, repair, or replace the Improvement. Construction, use, protection, repair and replacement of the Improvement shall be entirely the risk and obligation of Owner, its successors or assigns, even if damage is caused by YLWD. (INTENTIONALLY BLANK) 6. Recording of Agreement. This Declaration shall be recorded in the Office of the Recorder of the County of Orange, California, and shall constitute notice to all successors and assigns of the title to the Subject Property of the rights and obligations set forth herein. Approved as to Form: YORBA LINDA WATER DISTRICT Kidman Law, LLP _______________________________ Arthur G. Kidman Ric Collett General Counsel President Marc Marcantonio Secretary OWNER: Rodney J. Farley Farley Living Trust Rodney J. Farley LOT 14 !--- -- -_ _- �- ' � I r s\\\, LOT 3 I i EX.8"PVC SEWER MAIN i PROPOSED ACCESS GATE ; PC EX.AC PAVING TO ,v LOT 4 Ali BE REPLACE WITH / U, CONC. PAVERS f————-- ! 3983 EX.20'WIDE " w J / / SEWER ESMT. vv N w EX.GAT ; PROPOSED ., I ro BE Lu NEW GATE w RELOCATD EX.6"AC �- PAVING 1 EX,SMH SS� 55- J PROPOSED PLANTERS SPORT COURT 3993 —— —I PROP.CONC. PAVERS TRACT L---------J NEW GATE NO.16186 LOCATION LOT 5 / / LOT 6 I pa � N / d aOr m Dq J A / PROJECT P-,,, SITE VICINITY MAP LOCATON MAP PREPARED BY: EXHIBIT SCALE: 1" = 60' YORBA LINDA WATER DISTRICT DECLARATION OF RESTRICTIVE DATE: COVENANTS FOR 05/28/2015 U31717 E. MIRALOMA AVENUE 3993 & 3983 SAGE RIDGE DRIVE FILENAME: PLACENTIA, CALIFORNIA 92870 (714) 701-3000 ITEM NO. 8.6 AGENDA REPORT Meeting Date: May 28, 2015 Budgeted:Yes Total Budget:$12,000 To:Board of Directors Cost Estimate:$500 per month Funding Source:Water Operating Fund From:Marc Marcantonio, General Manager Account No:1-6020-0600-10 Presented By:Art Vega, IT Manager Dept:Information Technology Reviewed by Legal:Yes Prepared By:Art Vega, IT Manager CEQA Compliance:N/A Subject:Agreement with Switch for a Nevada Colocation Site to Implement Phase 4 (Disaster Recovery) of the Storage Solution and Recovery Plan SUMMARY: For the Board's review and consideration is the Colocation Facilities Agreement to implement the District's Disaster Recovery Solution in Nevada. The chief benefit for this project is for business continuity and disaster recovery. Replicating District databases and data backups including virtual servers to a colocation facility in Nevada, would ensure that offsite servers and data backups will remain available and operational if the unexpected happens. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to execute the Colocation Facilities Agreement with Switch in the amount of $500 a month, subject to final approval by legal counsel. DISCUSSION: IT staff visited several facilities in Nevada for the purpose of identifying a suitable facility to collocate District hardware. Staff were impressed by the facilities, services, redundancy and location of Switch, Cobalt and ViaWest Lone Mountain. Below are the quotes for these three facilities. Switch provided the best price, highest level security and was the best colocation facility. As such, Switch is the recommended facility for the District's colocation site. In addition, LADWP and Golden Facility Monthly Rack Cost Monthly X- Connect Cost Initial Setup Cost Total Monthly Cost Switch $500 Waived $500 $500 Cobalt $735 $100 $750 $835 ViaWest Lone Mountain $500 $95 Waived $595 State Water Company both use Switch facilities, are very pleased with their services and both have already renewed their agreements with Switch. The term of this agreement is for 36 months and would lock the monthly cost at $500 a month for half a rack. This facilities agreement would allow authorized staff 24 hours a day, 7 days a week access to the facility and District equipment. Time for provisioning the facility for District use would be approximately one month. STRATEGIC PLAN: OE 1-A: Identify the Current Functionality of Existing Technology and Determine if it is Being Utilized to Full Capacity ATTACHMENTS: Name:Description:Type: Colocation_Facilities_Agreement_FY2015.docx Colocation Facilities Agreement with Switch Backup Material SO_-_Yorba_Linda_Water_District.pdf Switch Service Order for YLWD Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/28/2015 MB/PH 5-0 NO: COLOCATION FACILITIES AGREEMENT This Colocation Facilities Agreement is made by and between Switch and the customer indicated in the signature block below (“Customer”). This Colocation Facilities Agreement is effective as of the date of Switch’s signature below (the “Effective Date”); provided that neither party shall be bound until both parties have signed. 1. Colocation Facilities. 1.1 Definitions. “Agreement” means a collective reference to this Colocation Facilities Agreement and Exhibits hereto. “Colocation Space” means a collective reference to the colocation space described on a Service Order together with associated power, cooling and other services to be provided by Switch pursuant to a Service Order (exclusive of Carrier Services). “Carrier Services” means a collective reference to internet, transport and other services provided by one or more third-party telecommunications carriers (each a “Carrier”) to Customer through Switch or procured directly by Customer. “Customer Equipment” means the computer equipment, software, hardware and other materials placed by or for Customer in the Colocation Space, other than Switch equipment. Capitalized terms (e.g. the term “Premises”) not defined herein have the meaning provided in the SLA or the applicable Service Order. 1.2 Service Orders. From time to time, the parties may execute Service Orders that reference this Agreement and this Agreement is hereby incorporated into such Service Orders. This Agreement shall govern over any inconsistent terms and conditions contained in a Service Order. For clarity, each Service Order is a separate and distinct agreement between Switch and Customer. 1.3 Commencement of License. The Colocation Space commencement date (the “Commencement Date”) shall be the earlier of: (i) the date Switch makes the Colocation Space available to Customer (which shall not be prior to the Target Commencement Date) or (ii) the date Customer places any Customer Equipment in the Colocation Space. The Commencement Date for Carrier Services shall be the date on which the applicable Carrier makes the Carrier Services available to Customer. 1.4 Installation Documentation. Within sixty (60) days after the execution of each Service Order, Customer will provide Switch with all required installation documentation. If Customer fails to provide such documentation within the 60-day period, Switch may commence charging MRC (defined in Section 3) as a reservation fee. 2. Colocation Space. 2.1 License Grant. Starting on the applicable Commencement Date, Switch hereby grants Customer a limited, revocable license to install and operate the Customer Equipment within the Colocation Space and for no other purpose. 2.2 Installation and Management. Customer will be solely responsible for the immediate removal from the Premises of all packaging materials (especially flammable materials) associated with the Customer Equipment and will maintain the Colocation Space in a clean, safe and orderly fashion. Customer must adhere to industry standards for cable management. Cables must be properly installed and either enclosed in cable management trays or in clean bundles for proper presentation and identification. 2.3 Location and Configuration. The Colocation Space is located within a t-scif™ as described on Exhibit B, and Customer agrees to abide by the engineering standards inherent in such a structure, including minimizing Customer’s carbon footprint by working with Switch to maintain a hot aisle temperature between 100° and 110°. The standard cabinet height for the t-scif is 79 inches (42U). The standard cabinet width for the t-scif is 24 inches wide (600mm). All non- standard height cabinets may require a customization fee for installation within a thermal-scif. All non-standard width cabinets may require an increase in MRC due to the increased space allocation. No cabinets above 90 inches will be allowed. Modifications to the Customer Equipment configuration within the Colocation Space require Switch’s prior written consent. 2.4 Customer Equipment. All Customer Equipment must be UL60950 compliant. The Colocation Space is not intended to provide the Special Requirements for an Information Technology Equipment Room as contemplated by ANSI/NFPA 70, Article 645 and NFPA 75. The Customer Equipment shall be listed and labeled under UL Standard 60950 or other standard reasonably acceptable to Switch. The Customer Equipment and its installation shall conform to the requirements contemplated by ANSI / NFPA 70, National Electric Code, Chapters 1 through 4. Customer shall not install Customer Equipment that requires the additional safeguards contemplated by ANSI / NFPA 70, Article 645 and NFPA 75. 2.5 Access. Customer will have access to the Colocation Space 24-hours a day, 7-days a week. All access to the Premises shall be in accordance with Switch’s security and access procedures. Customer is responsible for any and all actions of Customer’s representatives, agents and persons escorted by or on behalf of Customer (collectively, “Customer Representatives”). Switch may suspend access by any Customer Representative or other person to the Premises including the Colocation Space for security violations or in the event of an emergency. Switch shall promptly notify Customer in the event any such suspension occurs. Customer shall receive two access badges at no cost. Additional badges are available for $100 each. 2.6 Smarthands Services. At Customer’s request, Switch may assist Customer in performing light duties or correcting minor problems with respect to the Customer Equipment. Customer agrees to pay Switch’s fees for such services. 2.7 Removal of Customer Equipment. Customer will provide Switch with notice at least two (2) days before Customer desires to remove a significant piece of Customer Equipment from the Colocation Space so logistics may be arranged within the Premises. Before authorizing the removal of any significant Customer Switch Confidential Document: Intended for Designated Customer Only COLOCATION FACILITIES AGREEMENT 12022014 1 Customer Initials Switch Confidential Document: Intended for Designated Customer Only COLOCATION FACILITIES AGREEMENT 2 12022014 Customer Initials Equipment, Switch’s accounting department will verify that Customer’s account is in good standing. 2.8 Vacating the Colocation Space. In the event Customer continues its presence in the Colocation Space after the termination of the applicable Service Order or this Agreement, Customer agrees to be subject to all the terms and provisions of this Agreement during such occupancy period and to pay for such space an amount equal to twice the MRC due for the period immediately preceding termination of the Service Order or this Agreement. No occupancy of the Colocation Space or payments of money by Customer after termination shall prevent Switch’s immediate recovery of the Colocation Space. Customer shall indemnify, defend and hold harmless Switch from and against any and all claims, actions, proceedings or demands (each a “Claim”) and related Costs (defined below) arising from or related to Customer’s failure to timely vacate the Colocation Space. Upon termination of the Agreement or any Service Order, Customer agrees to promptly release any Internet Protocol (IP) numbers, addresses or address blocks assigned to Customer by Switch in connection with the Service (but not any URL or top-level domain or domain name) and will assist Switch with any steps necessary to change or remove any such IP addresses. 2.9 Relocation of Customer Equipment. Switch shall not arbitrarily require Customer to relocate the Customer Equipment. However, upon prior notice of at least thirty (30) days, or in the event of an emergency, Switch may require Customer to relocate the Customer Equipment; provided that the relocation site shall afford comparable environmental conditions for and accessibility to the Customer Equipment. The reasonable direct costs of the relocation shall be borne by Switch unless the relocation is required to accommodate Customer’s requests or the physical requirements of the Premises. The Premises were designed to meet Uptime Institute’s Tier 4 standards for power throughputs. If Customer requires power in excess of these thresholds, then Customer shall comply with Switch’s request to move Customer to Switch’s higher density power data center at no cost to Switch. 2.10 Cross-Connections/Carrier Services. Upon request, Switch will provide Customer with a list of approved Carriers. Customer shall order all cross-connections from Switch. Such cross- connections are subject to Switch’s processes and procedures. All cross-connections shall be installed by Switch. Customer will notify the applicable Carrier and Switch when Customer desires to terminate or modify any cross-connections. Customer will be solely responsible for all payments due to the Carriers unless the Carrier Services are made available to Customer by Switch, in which case payment shall be made to Switch. Customer acknowledges and agrees that the Carrier Services will be provided by one or more third-party Carriers that are not under the control of Switch. Customer understands that Switch does not own or control any of the Carrier Services and agrees that Switch is not responsible or liable for performance or non- performance of the Carriers even when resold by Switch except that Switch shall pass through any service credits provided to Switch by a Carrier pursuant to the applicable Carrier service level agreement. 3. Fees and Billing. 3.1 Recurring MRC. Customer agrees to pay the minimum Monthly Recurring Charges indicated on the Service Order and all other amounts indicated in this Agreement (collectively, the “MRC”). 3.2 Non-Recurring Charges. Non-Recurring Charges indicated on a Service Order (“NRC”) are due and payable upon execution of the Service Order by Switch. Along with the NRC, Customer shall deliver to Switch a security deposit (the “Security Deposit”) equal to one month’s MRC or such other amount as may be indicated on the Service Order, which will be promptly returned to Customer upon expiration or termination of this Agreement, or applied against the MRC then due. In the event Switch needs to utilize all or any part of the Security Deposit, Customer agrees to replenish the Security Deposit within five (5) business days. Switch will not have any obligation to perform under any Service Order unless and until Switch receives the NRC and the Security Deposit. 3.3 Timing of Payment. Switch shall invoice Customer monthly for MRC in advance, and Customer shall pay such invoice on or before the first day of each month. MRC and any other sums not paid within five (5) days after the first day of the month are subject to a late fee of five percent (5%) of the amount due plus an interest charge on the outstanding balance equal to the lower of one and one-half percent (1.5%) per month or the maximum allowable rate under applicable law. During the Commitment Period, MRC may increase by an amount not to exceed seven percent (7%) in any calendar year. Power MRC may increase an additional amount to proportionately reflect increases in third-party utility charges. 3.4 Bankruptcy/Insolvency. If Customer fails to make any payments hereunder, or if a petition is brought by or against Customer under any state or federal insolvency law, Switch may modify the payment terms to secure Customer’s payment obligations before providing any services. Customer hereby grants Switch a security interest in the Customer Equipment to secure Customer’s obligations hereunder. Upon request, Customer shall execute any documents intended to perfect Switch’s security interest. 3.5 Taxes. NRC and MRC are exclusive of applicable taxes, duties and similar charges. Customer will be responsible for and will pay in full all such amounts (exclusive of income taxes payable by Switch), whether imposed on Switch or directly on Customer. 3.6 Service Credits. In the event of unavailability or failure of the Colocation Space, Customer will receive Service Credits as set forth in the Service Level Agreement (“SLA”) attached hereto as Exhibit A. Customer acknowledges and agrees that Customer’s sole and exclusive remedies regarding the Colocation Space are those provided in the SLA. 4. Additional Responsibilities. 4.1 Customer Equipment. Customer has sole control and responsibility for installation, testing and operation of the Customer Equipment (including services not provided by Switch). In no event will the untimely installation or non-operation of Customer Equipment (including Off-Net Local Access when procured by Customer) relieve Customer of its obligation to pay MRC. 4.2 Customer’s End Users. Customer is solely responsible for providing its end users with customer service. 4.3 Compliance with Law/AUP. Both Switch and Customer shall at all times fully comply with and faithfully carry out all laws, statutes, ordinances, regulations, promulgations and mandates of all duly constituted authorities applicable to the operations of their respective businesses, and any failure to do so shall constitute a default under this Agreement if not cured within the cure period set forth in Section 5 in which event the affected portion of this Agreement may be immediately terminated by either party by written notice delivered prior to the effect of a cure. Both Switch and Customer shall at all times maintain in good standing and effect all necessary and proper business licenses and other licenses and permits relating to its business operations. Customer acknowledges that Switch Confidential Document: Intended for Designated Customer Only COLOCATION FACILITIES AGREEMENT 3 12022014 Customer Initials Switch exercises no control over the content of the information passing through the Customer’s telecommunications network and that it is Customer’s sole responsibility to ensure that the information Customer transmits and receives complies with all applicable laws and regulations. Customer shall cooperate with any investigation by any governmental authority or Switch, and shall immediately rectify illegal use; failure to do so will be a material breach of this Agreement. Customer’s use of the Colocation Space and operations therein shall comply with Switch’s and each applicable Carrier’s then current Acceptable Use Policy (each an “AUP”). Switch’s AUP is available at www.supernap.com. Transmission of any material in violation of any law, regulation or an AUP is strictly prohibited. Any access made to other networks connected to the Switch Network must comply with the rules of the other network and the AUP. 5. Term and Termination. 5.1 Term. This Agreement is effective as of the Effective Date and shall remain in effect until expiration of the last Service Order issued hereunder unless terminated earlier as set forth in this Section 5. The Commitment Period for a Service Order starts on the Commencement Date. Service Orders shall remain in effect for the Commitment Period, unless terminated earlier as set forth in this Section 5. After conclusion of the Commitment Period, each Service Order shall automatically renew on a month-to-month basis unless a new Commitment Period is established; provided that cancellation of Carrier Services requires notice of at least 45 days. 5.2 Conditions of Breach. A party is in breach of this Agreement if such party violates its obligations under this Agreement and such violation is not cured within thirty (30) days after notice by the other party (excepting payment obligations that are breached if not paid on the due date specified in Section 3.3). 5.3 Certain Remedies for Breach. If Customer is in breach of this Agreement, Switch may discontinue providing any or all of the services, Colocation Space, Carrier Services and deny access to the Premises. Customer agrees to pay the expenses Switch may incur in collection efforts including any attorneys’ fees. Additionally, Switch reserves its rights in law and in equity, including the ability to collect the MRC for the balance of the Commitment Period. If Switch is in breach of this Agreement, then prior to the cure of such breach, Customer may terminate the breached Service Order at no penalty and pay only the MRC for such services through the termination date. 5.4 Service Commitment Period. Subject to Section 5.2 and 5.3, Service Orders are non-cancellable during the Commitment Period. As a material inducement for Switch to enter into this Agreement and each Service Order, Customer acknowledges, agrees and covenants that (i) Customer is responsible for full payment of the license for the entire Commitment Period regardless of the portion of the services actually consumed; and (ii) termination of the Service Order or this Agreement (other than for breach by Switch) or suspension of services as permitted in this Agreement shall not relieve Customer of its obligation to pay the full MRC for the duration of Commitment Period (subject to any applicable Service Credits). 5.5 Network Protection. In the event of an emergency and to the extent necessary to protect the Switch Network or to remedy AUP violations, Switch may temporarily restrict or suspend Customer’s rights under this Agreement, including access to the Colocation Space, related services and Carrier Services, without liability to Customer. Switch will use reasonable efforts to notify Customer prior to any such restriction or suspension and will notify Customer promptly when such restriction or suspension is no longer necessary. Suspension of Colocation Space and/or Carrier Services pursuant to this Section 5 shall not be a violation of this Agreement or contribute towards Service Credits. 5.6 Effect of Termination. Upon termination of this Agreement: (i) Switch may immediately cease providing services; and (ii) all MRC will become immediately due and payable. In the event Customer has not removed the Customer Equipment as of the termination date, Switch may remove the Customer Equipment from the Colocation Space and place the Customer Equipment in storage at Customer’s risk and expense and/or, after providing Customer with at least fifteen (15) days’ notice, dispose of the Customer Equipment. 6. Resale. Customer may sub-license the Colocation Space only after receiving Switch’s prior written approval. Should Customer sub-license any portion of the Colocation Space to any third party, Customer assumes all liabilities arising out of or related to use of the Colocation Space by such third party and Switch shall have no obligation or liability to such sub-licensee. Customer agrees to enter into written agreements with all parties to whom Customer resells any portion of the Colocation Space with terms at least as restrictive and as protective of Switch’s rights as the terms of this Agreement; provided that such third party shall not have the right to further sub- license the Colocation Space. Sub-licensing by Customer of any or all of the Colocation Space shall not relieve or in any way diminish Customer’s liability and obligations hereunder. 7. Insurance. At all times each party shall maintain (i) commercial general liability insurance of not less than $1,000,000 per occurrence and (ii) workers’ compensation insurance at or greater than the minimum levels required by applicable law; Customer shall also maintain (a) “all risk” personal property insurance in an amount at least equal to the full replacement value of the Customer Equipment and (b) business loss and interruption insurance in an amount sufficient to compensate Customer and Customer’s end users for loss of the Colocation Space related services or the Carrier Services. Customer retains the risk of loss for, loss of (including loss of use), or damage to, the Customer Equipment and other personal property located in the Premises. Switch’s insurance policies do not provide coverage for Customer’s personal property. Customer agrees that Customer shall not and shall cause the Customer Representatives to not pursue any Claims against Switch unless and until Customer or the Customer Representative, as applicable, first files a claim against Customer’s insurance policy and the applicable insurance provider(s) finally resolve such claims. Customer shall name Switch as an additional insured on all general liability insurance policies, such policies may not be cancelled without thirty (30) days prior notice to Switch and Customer shall provide policy endorsements upon request. Customer shall ensure that each policy required hereunder contains a waiver of subrogation provision for the benefit of Switch. 8. Limitations of Liability. 8.1 Personal Injury. Each Customer Representative and any other person visiting the Premises does so at his or her own risk, and Switch shall not be liable for any harm to such persons. 8.2 Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER, OR ANY CUSTOMER REPRESENTATIVE, ANY THIRD PARTY OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUE, LOST PROFITS, DAMAGE TO CUSTOMER EQUIPMENT, LOSS OF TECHNOLOGY, LOSS OF DATA, NON-DELIVERIES, OR IN ANY WAY RELATED TO THE COLOCATION SPACE, SERVICES Switch Confidential Document: Intended for Designated Customer Only COLOCATION FACILITIES AGREEMENT 4 12022014 Customer Initials OR ANY ASPECT OF CUSTOMER’S BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT UNDER ANY THEORY OF LIABILITY EXCEED THE AMOUNT INVOICED AND, IN SWITCH’S CASE, PAID BY CUSTOMER FOR THE COLOCATION SPACE WHICH IS THE SUBJECT OF THE DISPUTE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE SUBJECT CLAIM AROSE. THESE LIMITATIONS SHALL APPLY DESPITE THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO INDEMNITY OBLIGATIONS OR BE INTERPRETED TO REDUCE COMPENSATION WHICH IS OTHERWISE DUE TO SWITCH. 9. Indemnification. Customer agrees and covenants to defend, indemnify and hold harmless Switch, its directors, officers, managers, members, employees, agents, affiliates and customers (collectively with Switch, the “Covered Entities”) for, from and against any and all costs, expenses, damages, losses and/or liabilities (including attorney fees) (collectively, “Costs”) arising from or related to Claims made by or against any of the Covered Entities alleging: (i) infringement or misappropriation of any intellectual property rights; (ii) damage caused by or related to Customer’s operations, including any violation of Switch’s or any Carrier’s AUP (including anti-spam policies); (iii) any damage or destruction to the Colocation Space, the Premises, Switch equipment or to another Switch customer which damage is caused by or results from acts or omissions by Customer or any Customer Representative; (iv) any property damage or personal injury to any Customer Representative arising out of such individual’s activities at the Premises; (v) any damage arising from or related to the Customer Equipment or Customer’s business; or (vi) any warranties provided by or through Customer to any third parties regarding the Colocation Space or the Carrier Services (collectively, the “Covered Claims”). In the event of a Covered Claim, the Covered Entity may select its own counsel to participate in the defense of such Claim, but in such a situation, Customer shall not be responsible for payment on said counsel’s fees. Customer will not settle a Covered Claim in a manner that imposes liability or obligation upon a Covered Entity. Notwithstanding anything herein, the obligations in this Section 9 shall not extend to Covered Claims to the extent caused by Switch’s negligence or willful misconduct. 10. Hazardous Materials. “Hazardous Materials” means any substance referred to, or defined in any law, as a hazardous material or hazardous substance (or other similar term). Customer will not cause or permit any Hazardous Materials to be brought upon, kept, stored, discharged, released or used in, under or about any portion of the Premises. Customer will cause all Hazardous Materials brought to the Premises by or on behalf of Customer to be removed from the Premises in compliance with all applicable laws. If Customer or its agents perform any act or omission that contaminates or expands the scope of contamination of the Premises, then Customer will promptly, at Customer’s expense, take all investigatory and remedial actions necessary to fully remove and dispose of such Hazardous Materials and any contamination so caused in compliance with all applicable laws. Customer will also repair all damage to the Premises caused by such contamination and remediation. 11. Miscellaneous Provisions. 11.1 Force Majeure. Except for the payment of money, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, loss of the Premises (in whole or part) for any reason, governmental act or failure of the Carrier or the Internet. 11.2 No Lease. Customer acknowledges and agrees that Customer has not been granted any real property interest in the Colocation Space or the Premises, and Customer has no rights as a tenant or otherwise under any real property or landlord/tenant laws or regulations. Customer shall not record any notice of this Agreement. Customer shall not permit any liens to be placed on the Premises or portion thereof and shall have any such liens immediately removed. 11.3 Confidentiality. The parties acknowledge and agree (i) that this Agreement is the confidential information of each party; (ii) the technical aspects of Customer’s deployment in the Colocation Space is the confidential information of Customer and (iii) the design of the Premises and the manner by which Switch provides the Colocation Space and access to Carrier Services are the confidential information of Switch (collectively, “Confidential Information”). Confidential Information may be used by the recipient only in connection with its performance under this Agreement. Confidential Information may not be disclosed except to those employees or contractors of the recipient with a need to know and who agree to hold the information in confidence or are required to so under law. If the recipient is legally compelled to disclose Confidential Information, the recipient shall provide the discloser with notice of such requirement prior to disclosure (if permissible) so that the discloser may seek any appropriate remedy. Confidential Information excludes information that: (i) is or becomes generally available to the public through no wrongful act of the recipient; (ii) is received from a third party with the right to supply it; or (iii) is independently developed by the recipient. Upon written request, the recipient will return the Confidential Information to the discloser and shall not retain any copies of such Confidential Information. The parties acknowledge and agree that Switch does not require access to any Confidential Information (including end customer information) which may be located on the Customer Equipment. Switch covenants not to attempt to access any information on the Customer Equipment without the prior written consent of Customer and Customer covenants not to provide Switch with access to such information without the prior written consent of Switch. 11.4 Assignment. Neither party may assign this Agreement without the prior written consent of the other party, except as part of a merger, acquisition or financing. Any attempted assignment in violation of this Section 11.4 will be null and void. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Successors and assigns shall assume the assignor’s obligations hereunder in a writing satisfactory to the non-assigning party. Notices. Any notice or communication given hereunder may be delivered personally, by electronic mail (other than notices of breach or termination), deposited with an overnight courier or mailed by registered mail, return receipt requested, postage prepaid, to the address of the receiving party indicated on the Service Order, or at such other address as either party may provide to the other. Notices will be deemed delivered upon receipt. Switch Confidential Document: Intended for Designated Customer Only COLOCATION FACILITIES AGREEMENT 5 12022014 Customer Initials No Waiver. No term or provision of this Agreement shall be deemed waived and no breach or default shall be deemed excused unless such waiver or consent is in writing and signed by the parties. A consent to waiver of or excuse for a breach or default by either party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach or default Relationship of Parties. Switch and Customer are independent contractors and this Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between Switch and Customer. Neither Switch nor Customer will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. 11.5 Choice of Law. This Agreement shall be construed in accordance with and all disputes hereunder shall be governed by the laws of the State of Nevada, excluding its conflict of law rules and the parties hereby consent to the exclusive jurisdiction of the state and federal courts located in and for the County of Clark, Nevada. 11.6 Entire Agreement. This Agreement represents the complete agreement of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding, written or oral. This Agreement may be modified only through a written instrument signed by both parties. There are no third-party beneficiaries to this Agreement. Except as expressly stated herein, all rights and remedies herein are cumulative and without prejudice to each other or any other remedies available in law or equity. 11.7 Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be reformed and enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. 11.8 Warranties. Both parties represent and warrant that they have full corporate power and authority to execute and deliver this Agreement and to perform their obligations under this Agreement and the person whose signature appears on the Service Order is authorized to enter into this Agreement on behalf of the respective party. The Colocation Space itself is provided on an “AS-IS” basis. EXCEPT AS SET FORTH IN THIS SECTION AND THE SLA, SWITCH SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES WITH RESPECT TO THE COLOCATION SPACE, SERVICES AND THE PREMISES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND AGAINST INFRINGEMENT. SWITCH EXERCISES NO CONTROL WHATSOEVER OVER THE CONTENT OF THE INFORMATION PASSING THROUGH THE SWITCH NETWORK OR OVER THE INTERNET. USE OF ANY INFORMATION OBTAINED OVER THE SWITCH NETWORK OR THE INTERNET IS AT CUSTOMER’S OWN RISK. 11.9 Headings/Interpretation. Headings in this Agreement are for reference purposes only and in no way define, limit, or describe the scope or extent of a Section or in any way affect this Agreement. The word “including” shall be read as “including without limitation.” No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court or other authority by reason of such party having or being deemed to have drafted such provision. 11.10 Survival. The provisions of Sections 2.8, 3.3, 5.6, 8, 9, 10 and 11 shall survive the expiration or termination of this Agreement for any reason, along with all indemnity obligations hereunder. 11.11 Confirmation. Periodically, an entity with whom Switch has a financial relationship (such as a lender) may request confirmation from Customer that this Agreement is in existence, that it is then in force, that Switch is not in breach of this Agreement and similar information (a “Confirmation”). Within ten (10) days after request from Switch, Customer will execute and deliver to Switch a Confirmation in the form reasonably requested by the third party or a description of why the requested statements in the Confirmation are not accurate. 11.12 Counterparts. This Agreement may be executed in counterparts with the same force and effect as if each party had executed the same instrument, provided that no party shall be bound until both parties have executed and delivered a counterpart of this Agreement to the other. WHEREFORE, intending to be bound, the parties have executed this Colocation Facilities Agreement through their authorized representative as of the dates set forth below. SWITCH Signature: Signature: Name: Name: Title: Title: Date: Date: Address: 7135 S. Decatur Blvd Las Vegas, NV 89118 Address: Switch Confidential Document: Intended for Designated Customer Only SERVICE LEVEL AGREEMENT COLOCATION FACILITIES AGREEMENT A-1 Customer Initials 12022014 Exhibit “A” SERVICE LEVEL AGREEMENT This Service Level Agreement is a part of the Colocation Facilities Agreement (the “Agreement”) between Customer and Switch. Capitalized terms not defined herein have the meaning provided in the Agreement. 1. Service Credits Switch is pleased to offer Customer the following service levels regarding the following items: Network Availability Network Latency Packet Delivery Power Delivery If Switch fails to meet any of these service levels, Switch will provide Customer with a service credit (a “Service Credit”), equal to the result of dividing (i) the MRC paid by Customer for the affected service during the calendar month in which the Service Credit was earned by (ii) 30 (the average number of days in a calendar month). “Network Access Fees” are the fees charged to Customer for access to and use of the Switch Network. “Switch Network” means the telecommunications/data communications network and network components owned, operated and controlled by Switch within the Premises. The Switch Network does not include any Customer Equipment or any networks or network equipment not operated and controlled by Switch. 2. Switch Network Availability Switch provides 99.99% availability of the Switch Network in any calendar month, as calculated from the ingress to and egress from the Switch Network. For each cumulative hour or fraction thereof that Customer experiences Switch Network unavailability, Customer may request Service Credits. A Network Service Credit will be given only for those outages that were reported to Switch at the time of the outage. An outage is measured from the time it is reported to the time it is resolved. 3. Switch Network Latency The Switch Network carries packets with an average Network Latency per month of less than 10 milliseconds. Switch monitors aggregate latency within the Switch Network by monitoring round trip times between a sample of backbone hubs on an ongoing basis. “Network Latency” (or “round trip time”) means the average time taken for an IP packet to make a round trip between specified backbone hubs on the Switch Network. After Customer notifies Switch of average Network Latency in excess of 10 milliseconds per month, Switch will use commercially reasonable efforts to determine the source of such excess Network Latency and to correct such problem to the extent that the source of the problem is on the Switch Network. If Switch fails to remedy such Network Latency on the Switch Network within 24 hours of being notified of any excess Network Latency and the average Network Latency for the preceding month has exceeded 10 milliseconds, Switch will issue Service Credits to Customer’s account for each hour or fraction thereof from time of notification by Customer until the Network Latency is less than 10 milliseconds. 4. Switch Network Packet Delivery The Switch Network has an average monthly Packet Loss of 0.1% (or successful delivery of 99.9% of packets). Switch monitors aggregate Packet Loss within the Switch Network on an ongoing basis and compiles the collected data into a monthly average Packet Loss measurement for the Switch Network. “Packet Loss” means the percentage of packets that are dropped within the Switch Network. After being notified by Customer of Packet Loss in excess of 0.1% in a given calendar month (“Excess Packet Loss”), Switch will use commercially reasonable efforts to determine the source of such Excess Packet Loss and to correct such problem to the extent that the source of the problem is on the Switch Network. If Switch fails to remedy such Excess Packet Loss within 24 hours of being notified of any Excess Packet Loss on the Switch Network and average Packet Loss for the preceding month exceeds 0.1%, Switch will issue Service Credits to Customer’s account for the period commencing at the time of receipt notification from Customer until the Packet Loss is less than 0.1%. Switch Confidential Document: Intended for Designated Customer Only SERVICE LEVEL AGREEMENT COLOCATION FACILITIES AGREEMENT A-2 Customer Initials 12022014 5. Power Service Availability Switch is committed to providing 100% power availability if, and only if, Customer elects to properly deploy dual feed (A&B) power. Switch strongly recommends dual power and monitor-ready ATS and PDU’s be correctly deployed in every rack and cabinet to ensure 100% uptime. Customer Equipment not properly utilizing A&B power will not receive Service Credits for power loss (“Power Service Credits”). Customer UPS’s are not allowed to be used down-line from the Switch mission critical power system. Switch Operations must approve all power distribution systems deployed within the Customer’s Colocation Space. All equipment must first be tested on house power prior to plugging into the Switch UPS receptacles. For each hour or fraction thereof that Customer experiences both A&B power unavailability, Customer may request Service Credits for the cabinets experiencing the power loss from Switch. A Power Service Credit will be given only for those interruptions that were reported to Switch at the time of the interruption. If Customer only has single-sided power, Customer will not receive Power Service Credits. Customer must perform fail-over testing procedures at least twice each year to ensure all Customer Equipment will function properly in the unlikely event of a single sided power interruption. This is for the Customer’s protection. Failure to perform this testing could result in forfeiture of Power Service Credits. 6. Environmental Guarantee. Switch guarantees availability of HVAC capacity to maintain temperatures, as measured by Switch, in the area around the Colocation Space between 64 and 78 degrees Fahrenheit in the cold aisles, and relative humidity between 30% and 70%, excluding events caused by Customer. Customer may request a Colocation Space Service Credit for each 15 minutes in which these environmental thresholds are exceeded. 7. Measured Bandwidth Service Billing Methodology. The concept behind offering a usage based Internet product is simple: charge the customer for what they actually use. This product is ideal for those customers that either experience substantial swings in monthly usage or are anticipating growth. When traffic patterns will be unpredictable, the customer can have the security of having enough bandwidth to handle heavy use months, but also retain the flexibility to pay less when traffic declines. Customer’s monthly burstable usage is determined by calculating the 95th percentile of data usage that is used over and above Customer’s contracted floor amount. As is with most data, Internet traffic has peak times throughout the day. Actually, it has peak times within any measurement interval whether it be a day, an hour, or five minutes. Billing on the 95th percentile eliminates the top 5% of measurement peaks, and bills on the Mb level at the remaining highest measurement. The purpose for billing at the 95th percentile versus actual peak utilization is to eliminate any abnormal peaks throughout the month. Within the router, a counter that keeps track of all bytes passed through each interface, a PERL script using SNMP will poll each applicable Customer interface every five minutes. At every five minute pass, the code will read the counter and compare the result against the previous reading. The difference between the two will be converted from byte counts to a data rate. Polling this data every five minutes results in 8640 data records per month. These records are then sorted from high to low usage and the top 5% are discarded. The remaining data rate is then used to determine the billing level for the month. For example, out of 100 data points the top ten are: 100 ........34.2 Mb 97...........34.08 Mb 94.......... 33.91 Mb 91.......... 33.66 Mb 99 ..........34.18 Mb 96...........34.02 Mb 93.......... 33.84 Mb 98 ..........34.11 Mb 95...........33.98 Mb 92.......... 33.70 Mb Eliminating the top 5% leaves the data rate of 33.98Mb. This is the rate at which Switch will bill Customer for the month. 8. Conditions. This SLA provides Customer’s sole and exclusive remedies for any service interruptions, deficiencies or failures of any kind. The parties agree that the Service Credits constitute liquidated damages. No Service Credits shall be issued for Exempted Occurrences. “Exempted Occurrence” means any occurrence which impacts a service that is caused by: (i) any suspension of service pursuant to the Agreement; (ii) scheduled or emergency maintenance, alteration or implementation; (iii) force majeure events; (iv) the unavailability of necessary Customer Representatives, including as a result of failure to provide Switch with accurate, current contact information; (v) the acts or omissions of Customer or any Customer Representative; or (vi) failure or malfunction of equipment, applications or systems not owned or controlled by Switch. All performance measurements for the determination of Service Credits are based upon Switch’s records. The parties acknowledge and agree that Switch manages traffic on the Switch Network on the basis of its customers’ utilization of the Switch Network and that changes in such utilization impact Switch’s ability to manage network traffic. Therefore, notwithstanding any provision to the contrary herein or in the Agreement, if Customer significantly changes its utilization of the Switch Network and such change creates a material and adverse effect on the traffic balance of the Switch Network, Switch may either modify the Service Credits that may have otherwise accrued or modify Switch’s provision of the affected services. Customer must request any credit due hereunder within 60 days after the date on which the credit accrues. Customer waives any right to credits not requested within this 60 day period. Customer will not be eligible to accrue any otherwise applicable Service Credits while Customer is: (i) past due on MRC or other amounts owed under the Agreement or (ii) in violation of an AUP. In no event shall Service Credits exceed 50% of the MRC for the affected service(s) during the calendar month in which the Service Credits accrue. Switch Confidential Document: Intended for Designated Customer Only T-SCIF DESCRIPTION COLOCATION FACILITIES AGREEMENT B-1 Customer Initials 12022014 Exhibit “B” T-SCIF™ DESCRIPTION All computerized equipment generates heat. The Switch t-scif is designed to protect all of the customers in the facility from heat outputs. All equipment placed into the t-scif must vent the heat directly into the enclosed center aisle, where it is then contained and prevented from mixing back into the cold room. Customer Name: Contact Name: Contact Phone: Billing Address: Quantity Unit Cost Subtotal of MRC Subtotal of NRC 1 500.00$ 500.00$ -$ Summary of Charges: -$ 500.00$ 500.00$ Important Notes:500.00$ By:By: Name:Name: Title:Title: Date:Date: Billing Phone: Half-Cabinet in a thermal-scif Configuration to include One (1) Primary and One (1) Secondary 120v 20amp Circuit Pair; also includes blended bandwidth up to 1Gbps Billing Contact: SERVICE ORDER This Service Order is issued pursuant to the existing Colocation Facilities Agreement by and between Switch and the Customer indicated below. This Service Order is effective as of the date of Switch's signature hereto. NO. Rick Walkemeyer Yorba Linda Water District Billing Email: YORBA LINDA WATER DISTRICT Security Deposit Description of Services Technical Contact: NOTE: Only the Technical Contact noted above will be contacted in the event of an emergency Target Service Commencement: *To be confirmed via email Technical Email: Service Commitment Period: 36 Months Installation process will commence a minimum of twenty-five (25) business days after Switch approves all applicable cabinet layout design documents. Switch will schedule and commence installation and initiation of Service only after Switch receives and accepts: (1) a copy of this Service Order signed by Customer and (2) payment of the NRC. Capitalized terms not defined herein shall have the definition provided in the CFA. All prices are subject to applicable taxes. WHEREFORE, intending to be bound, the parties have executed this Service Order as of the dates set forth below SWITCH The term "Premises" means the colocation facilities located at:TBD Non-Recurring Charges (NRC) Minimum Monthly Recurring Charges (MRC) Total due on signing 032613 SERVICE ORDER Customer Initials _________ ITEM NO. 9.1 AGENDA REPORT Meeting Date: May 28, 2015 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Secretary Subject:Proposed Establishment of Water Use Restrictions and Imposition of Drought Penalties to Comply with State of California Mandate STAFF RECOMMENDATION: That the Board of Directors consider adopting Ordinance No. 15-01 Instituting Drought Penalties to Comply with the State of California Mandate. DISCUSSION: This Ordinance was developed in response to Governor Brown's April 1, 2015 executive order calling for a statewide reduction in potable water use, and the subsequent emergency drought regulations adopted by the State Water Resources Control Board (SWRCB) on May 6, 2015, in which a conservation mandate of 36% (comparative to 2013 consumption) was set for the District. The SWRCB has informed water suppliers, including the District, that failure to meet their established conservation mandates may subject them to penalties of up to $10,000 per day. In order to address the SWRCB's mandate, the District seeks to establish water use restrictions and impose administrative penalties upon customers who exceed certain water use restrictions. The collection of these proposed penalties are not for the purpose of recovering the cost of providing water service to District customers. ATTACHMENTS: Name:Description:Type: Ordinance_No._15-01.docx Ordinance Ordinance Exhibit_A.docx Exhibit Exhibit Approved by the Board of Directors of the Yorba Linda Water District 5/28/2015 MB/RK 5-0 Roll Call Ordinance No. 15-01 Instituting Drought Penalties to Comply with State of California Mandate 1 ORDINANCE NO. 15-01 ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT INSTITUTING DROUGHT PENALTIES TO COMPLY WITH STATE OF CALIFORNIA MANDATE WHEREAS, on January 17, 2014 the Governor of California proclaimed a State of Emergency due to severe drought conditions and directed state officials to take all necessary actions to prepare for these drought conditions; and WHEREAS, on April 25, 2014 the Governor of California issued an executive order that called on all Californians to redouble their efforts to conserve water; and WHEREAS, on April 1, 2015, due to persisting drought conditions, the Governor of California issued an executive order that called for a statewide reduction in potable water use of 25%; and WHEREAS, on May 6, 2015, emergency drought regulations, which were adopted by the State Water Resources Control Board (SWRCB), went into effect setting conservation mandates for water suppliers; and WHEREAS, for Yorba Linda Water District, the SWRCB has established a conservation mandate of at least 36%; and WHEREAS, the SWRCB has informed water suppliers, including Yorba Linda Water District, that failure to meet the conservation mandate may subject them to penalties of up to $10,000 per day; and WHEREAS, on May 11, 2015 the Board of Directors adopted Resolution No. 15-04, determining that due to drought or other water supply conditions, a water shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions; and WHEREAS, the Board of Directors, in order to address the SWRCB’s mandate, seeks to establish water use restrictions and establish and impose administrative penalties upon any customer who exceeds the water use restrictions set forth herein; and WHEREAS, the penalties established and imposed herein are not for the purpose of recovering the cost of providing water service to Yorba Linda Water District’s water customers. Ordinance No. 15-01 Instituting Drought Penalties to Comply with State of California Mandate 2 NOW THEREFORE BE IT ORDAINED, under the authority of State law, including, but not limited to Sections 31026 and 53069.4 of the California Water Code, that the Board of Directors of the Yorba Linda Water District does hereby establish water use restrictions and establish and impose administrative penalties upon any customer who exceeds the water use restrictions in order to comply with the SWRCB’s conservation mandate and to protect the District’s water supplies, reduce the quantity of water consumed, and deter and prevent the waste or unreasonable use of valuable water resources. Section 1. Administrative Penalties for Exceeding Mandatory Water Use Restrictions Beginning July 1, 2015, each customer who has a potable water account with the District shall be subject to the following administrative penalties at the end of their respective billing cycle should their consumption exceed the amounts set forth below: Residential Penalty Block 1 1-18 Units $ - Block 2 19-29 Units $ 10.00 Block 3 30-49 Units $ 20.00 Block 4 50-74 Units $ 40.00 Block 5 75-99 Units $ 80.00 Block 6 100+ Units $ 160.00 Commercial Penalty Block 1 1-50 Units $ - Block 2 51-75 Units $ 25.00 Block 3 76-100 Units $ 50.00 Block 4 100-150 Units $ 100.00 Block 5 151-200 Units $ 200.00 Block 6 200+ Units $ 400.00 Irrigation Penalty Block 1 1-115 Units $ - Block 2 116-200 Units $ 65.00 Block 3 201-300 Units $ 130.00 Block 4 301-400 Units $ 260.00 Block 5 401-500 Units $ 520.00 Block 6 500+ Units $ 1,040.00 Ordinance No. 15-01 Instituting Drought Penalties to Comply with State of California Mandate 3 Section 2. Payment of Penalties Any penalty imposed pursuant to Section 1 shall be collected on the customer’s water bill. Failure to pay a penalty amount will be treated as nonpayment of the water bill and water service may be terminated as a result. In the event that the individual responsible for payment of the water bill is not the violator of this Ordinance, notification of penalties will go to both the violation address and the billing address on file, with any and all fines and associated charges. Payment of the bill will be the final responsibility of the individual named on the account. Section 3. Appeal Procedures 1. Filing an Appeal. Any customer who wishes to appeal an administrative penalty imposed by the District pursuant to this Ordinance shall comply with the following procedures: a. The appellant shall pay all amounts due and owing on his/her water bill, including any disputed penalty(ies) imposed by the District pursuant to this Ordinance. b. The appellant shall submit an appeal request form (Exhibit A) to the General Manager or his/her designee no later than fourteen (14) days from the date of the appellant’s water bill for the billing cycle in which any penalty(ies) are imposed. 2. Basis for Granting an Appeal. An appeal may be granted under the following limited circumstances: a. The amount of water delivered to the appellant’s property did not violate the rules and regulations, as evidenced by a demonstrable malfunction in the meter serving the appellant’s property or a billing error by the District. b. The appellant demonstrates the water use is needed for health and/or safety reasons. 3. Denial of Appeal Request. The decision by the General Manager or his/her designee to deny a request for appeal shall be final. Section 4. Use of Penalties Penalty funds collected pursuant to this Ordinance shall not be collected for the purpose of recovering the cost of providing water service to Yorba Linda Water District’s water customers and shall be segregated into a fund which is not used to pay the cost of providing water service to Yorba Linda Water District’s water customers. Ordinance No. 15-01 Instituting Drought Penalties to Comply with State of California Mandate 4 Section 5. These rules and regulations shall be in full force and effect on June 1, 2015. Section 6. The Board Secretary is hereby instructed to publish this Ordinance pursuant to subdivision (a) of Section 31027 of the California Water Code. PASSED AND ADOPTED this 28th day of May 2015, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Ric Collett, President Yorba Linda Water District ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman Law LLP Exhibit A YORBA LINDA WATER DISTRICT Drought Emergency Penalty Appeal Request Form Name (Printed): Account #: Bill Date: Service Address: Street City Zip Reason for request for appeal from drought emergency penalty: I understand that any information provided on this form or in supporting documentation that is found to be willfully falsified shall result in an automatic denial of the appeal. Signature: Date: Please drop-off, mail or fax completed form to: YLWD Administration Office YLWD Drought Emergency 1717 E Miraloma Ave PO Box 309 Placentia CA 92870 Yorba Linda CA 92885 Fax: 714-701-3058 FOR OFFICE USE ONLY Approved: Denied: Exhibit A YORBA LINDA WATER DISTRICT Drought Emergency Penalty Appeal Procedures 1. Filing an Appeal Any customer who wishes to appeal an administrative penalty imposed by the District pursuant to Ordinance No. 15-01 shall comply with the following procedures: a. The appellant shall pay all amounts due and owing on his/her water bill, including any disputed penalty(ies) imposed by the District pursuant to Ordinance No. 15-01. b. The appellant shall submit an appeal request form (Exhibit A) to the General Manager or his/her designee no later than fourteen (14) days from the date of the appellant’s water bill for the billing cycle in which any penalty(ies) are imposed. 2. Basis for Granting an Appeal An appeal may be granted under the following limited circumstances: a. The amount of water delivered to the appellant’s property did not violate the rules and regulations, as evidenced by a demonstrable malfunction in the meter serving the appellant’s property or a billing error by the District. b. The appellant demonstrates the water use is needed for health and/or safety reasons. 3. Denial of Appeal Request The decision by the General Manager or his/her designee to deny a request for appeal shall be final. ITEM NO. 10.1 AGENDA REPORT Meeting Date: May 28, 2015 Subject:Potential Amendments to Ordinance No. 09-01 Instituting Water Conservation Measures, Prohibition Against Water Waste and Water Shortage Supply Contingencies ATTACHMENTS: Name:Description:Type: Ordinance_No._09-01.pdf Ordinance Ordinance ORDINANCE NO. 09-01 I ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT INSTITUTING WATER CONSERVATION MEASURES, PROHIBITION AGAINST WATER WASTE AND WATER SHORTAGE SUPPLY CONTINGENCIES WHEREAS,California has had one of the driest years on record, with eight of the past ten years meetingdrought-level conditions; and WHEREAS,storage in the Colorado River system has dropped tofifty-five ( 55)percent of total capacity; and WHEREAS,the flow of the California Aqueduct has been restricted by up to thirty-five (35) percent, due to a federal court ruling to protect the Delta Smelt; and WHEREAS,the Governor of the State of California proclaimed a statewide drought and issued a State of Emergency to address the California water shortage, requesting that all water users reduce their water use by twenty (20) percent and asking all water agencies to assist their customers in reducing their use through a water conservation program; and WHEREAS,the Orange County Grand Jury investigated solutions into the looming water crisis in California and recommends in its report for local water agencies a goal often-percent voluntary conservation, a focus on outdoor usage, the development of monthly allocations for each customer and the implementation ofconservation-inducing pricing; and WHEREAS,the Metropolitan Water District of Southern California is currently in a Water Supply Alert" phase and urges implementation of " extraordinary conservation measures", such as conservation pricing, outdoor water restrictions, prohibition of runoff, enhanced rebates, and coordination with the Municipal Water District of Orange County to develop a unified regional message and to accelerate media and outreach campaigns; and WHEREAS,the Metropolitan Water District of Southern California is requiring ordinances from all agencies that receive rebate incentives detailing water conservation measures, prohibitions against water waste and associated penalties; and WHEREAS,the Municipal Water District of Orange County, the agency responsible for providing the Yorba Linda Water District with imported water through the Metropolitan Water District, has enacted a resolution asking every Orange County resident and business to immediately reduce their water usage by ten-percent (10); and WHEREAS,the Orange County Water District, the agency responsible for supervising the Orange County Groundwater Basin, has implemented the "OC Water Hero" public education campaign, urging customers to conserve twenty gallons of water per person, per day; and WHEREAS,the Yorba Linda Water District has broad authority to enact water conservation rules under the laws of the State of California; and WHEREAS,the adoption of water conservation measures would assist in avoiding or minimizing the effects of water supply restrictions and a water shortage in Southern California. NOW, THEREFORE, BE IT ORDAINED, under the authority of Water Code 350 and 31028, that the Board of Directors of the Yorba Linda Water District, does hereby FIND AND DETERMINE that matters set forth in the above recitals are true and correct, and that the Board of Directors of the Yorba Linda Water District therefore DECLARES the existence of an emergency caused by drought or other threatened or existing water shortage; and THEREFORE, BE IT ORDAINED, under the authority of Water Code 350 and 31028, that the Board of Directors of the Yorba Linda Water District, does hereby FIND, DETERMINE AND DECLARE that water conservation measures and restriction on the use of District water are necessary and appropriate to protect the health and safety of water users within the Yorba Linda Water District; and THEREFORE, BE IT ORDAINED, under authority of Water Code 353 and 31026, that the Board of Directors of the Yorba Linda Water District, based upon the findings set forth herein, does hereby PROHIBIT the wastage of District water and does hereby ORDER that the following water conservation measures and water use restrictions are necessary and appropriate to prevent the waste of District water and to protect the health and safety of water users with the Yorba Linda Water District. These measures will be effective as of July 1, 2009. SECTION 1:Permanent Water Conservation Measures and Prohibitions Against Water Waste. A. The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. 1. Limits on Watering Hours Watering or irrigation of lawn, landscape or other vegetated area is prohibited between the hours of 9:00 a.m. and 6:00 p.m. on any day, or between hours later designated by the District, except for the express purpose of adjusting or repairing an irrigation system. This subsection does not apply to landscape 2 irrigation systems that exclusively use very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour. 2. Limit on Watering Duration Watering or irrigating of lawn, landscape or other vegetated area is limited to fifteen (15) minutes watering per station per day. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 3. No Waterina During Rain Watering or irrigating of lawn, landscape or other vegetated area is prohibited when it is currently raining or there is a forecasted chance of rain of fifty (50) percent or higher. 4. No Excessive Water Flow or Runoff Water or irrigation of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. 5. No Washing Down Hard or Paved Surfaces Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alley, is prohibited except when necessary to alleviate safety or sanitary hazards and then only by use of a hand-held bucket or similar container, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom. 6. Obligation to Fix Leaks Breaks or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system, including that of irrigation systems, beyond a reasonable period of time after such escape of water should have been discovered and corrected, and in no event more than three (3) calendar days of receiving notice from the District, is prohibited. 7. Re-circulating Water Required for Water Fountains and Decorative Water Features Operating a water fountain or other decorative water feature that does not use re-circulated water is prohibited. 8. Limits on Washing Vehicles Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container and/or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility. 3 9. Drinking Water Served Upon Request Only Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested. 10.Commercial Lodging Establishments Must Provide Guests the Option to Decline Daily Linen Services Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language. 11. No Installation of Single Pass Cooling Systems Installation of single pass cooling systems is prohibited in buildings requesting new water service. 12.No Installation of Non-re-circulating water system in Commercial Laundry Systems Installation of non-re-circulating water systems is prohibited in new commercial laundry systems. 13. Restaurants Required to Use Water Conserving Dish Wash Spray Valves Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves. 14. Commercial Car Wash Systems Effective on July 1, 2009, all new commercial conveyor car wash systems must have installed operational re-circulating water systems, or must have secured a waiver of this requirement from the District. SECTION 2:Stage 1 - Water Supply Shortage Water Use Reduction Goal - up to 10%) A. A Stage 1 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to Condition 2: Water Supply Alert". B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 1 Water Supply Shortage. 4 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area is limited to three (3) calendar days per week, in which odd numbered addresses are permitted to irrigate on Monday, Wednesday and Friday, and even numbered addresses are permitted irrigate Tuesday, Thursday and Saturday. No irrigation is permitted on Sunday. This subsection does not apply to any landscape irrigation system that exclusively use very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. SECTION 3:Stage 2 - Water Supply Shortage Water Use Reduction Goal- up to 20%) A. A Stage 2 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to Condition 3: Water Supply Allocation of 5% through 15%". B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 2 Water Supply Shortage: 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area in the months of April through October, is limited to three (3) calendar days per week in which odd numbered addresses are permitted to irrigate on Monday, Wednesday and Friday, and even numbered addresses are permitted to irrigate on Tuesday, Thursday and Saturday. No irrigation is permitted on Sunday. In the months of November through March, irrigation is limited to two (2) calendar days per week, in which odd numbered addresses are permitted to irrigate Monday and Friday, and even numbered addresses are permitted to irrigate Tuesday and Saturday. This subsection does not apply to any landscape irrigation system that exclusively uses very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 2. Obligation to Fix Leaks. Breaks, or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should reasonably have been discovered and corrected and in no event more than two (2) calendar days of receiving notice from the District, is prohibited. 5 SECTION 4:Stage 3 - Water Supply Shortage Water Use Reduction Goal- up to 35%) A. A Stage 3 Water Supply Shortage exists when the District determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to Condition 3: Water Supply Allocation of 20% through 35%". In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste Section 1), the following water conservation requirements apply during a declared Stage 3 Water Supply Shortage: 1. Limits on Watering Days Watering or irrigation of lawn, landscape or other vegetated area in the months of April through October is limited to two (2) calendar days per week, in which odd numbered addresses are permitted to irrigate on Monday and Friday, and even numbered addresses are permitted to irrigate on Tuesday and Saturday. In the months of November through March, is limited to one (1) calendar day per week, in which odd numbered addresses are permitted to irrigate on Monday only and even numbered addresses are permitted to irrigate Saturday only This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip irrigation where no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard. 2. Limits on Filling Swimming Pools & Spas Re-filling of more than one foot and initial filling of residential swimming pools or outdoor spas is prohibited. SECTION 5:Stage 4 - Water Supply Shortage - Emergency Condition Water Use Reduction Goal- 40% or Greater) A. A Stage 4 Water Supply Shortage is also referred to as an "emergency" condition. A Stage 4 Water Supply Shortage exists when the District declares, in its sole discretion, a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety, or without prior Board approval when the Metropolitan Water District of Southern California changes its Water Supply Alert stage to "Condition 3: Water Supply Allocation of 40% or greater'. B. In addition to the prohibited uses of water identified as permanent water conservation measures and prohibitions against water waste (Section 1), the following water conservation requirements apply during a declared Stage 4 Water Supply Shortage: 6 1. No Watering or Irrigating Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use: a. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device; b. Maintenance of existing landscape necessary for fire protection; c. Maintenance of existing landscape for soil erosion control; d. Actively irrigated environmental mitigation projects. 2. Obligation to Fix Leaks. Breaks, or Other Malfunctions Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should reasonably have been discovered and corrected and in no event more than one (1) calendar day of receiving notice from the District, is prohibited. 3. No New Water Service Upon declaration of a Stage 4 Water Supply Shortage Emergency condition, no new water service will be provided and no new temporary meters or permanent meters will be provided, except as is necessary to protect the public health, safety, and welfare. SECTION 6:Hardship Variance A. If, due to unique circumstances, a specific requirement of this ordinance would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a variance to the requirements as provided in this section. 1. Written Finding The variance may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property. 2. Application Application for a variance must be on a form prescribed by the Yorba Linda Water District (Exhibit A) and accompanied by a $25 non- refundable processing fee. 7 3. Supportina Documentation The application must be accompanied by photographs, maps, drawings, and other information showing why the request should be granted, including a written statement of the applicant. 4. Required Findings for Variance An application for a variance will be denied unless the District finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the District, all of the following: a. That the variance does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses; b. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; c. That the authorizing of such variance will not be of substantial detriment to adjacent properties and will not be detrimental to the public interest; and d. That the condition or situation of the subject property or the intended use of the property for which the variance is sought is not common, recurrent or general in nature. e. That conservation is already being accomplished through the previous installation of water saving features. 5. Approval Authority The General Manager's Designee shall promptly act upon any completed application no later than seven (7) calendar days after submittal and may approve, conditionally approve, or deny the variance. The applicant requesting the variance shall be promptly notified in writing of any action taken (Exhibit J). Unless specified otherwise at the time a variance is approved, the variance will apply to the subject property during the period of the mandatory water supply shortage condition and if approved or conditionally approved, will apply from the date of approval only. Any previous violations and/or subsequent penalties are final. The decision of the General Manager's Designee can be appealed to the General Manager by written notice within seven (7) calendar days of the date of the denied waiver. The General Manager shall act upon an appeal within thirty (30) calendar days of the District's receipt of the applicant's appeal. The General Manager's decision shall be final. 8 6. Previous Violations Any approved or conditionally approved waiver is valid from the date in which it was approved or conditionally approved forward. Any previous violations and subsequent fines or penalties associated with those violations are final and will not be reimbursed. SECTION 7:Penalties and Violations A. Violations of any provisions of the ordinance herein must be personally observed by members of the District staff able to personally attest to them. The fines for such violations will be collected on the water bill. Failure to pay a fine amount will be treated as nonpayment of the water bill and water service may be terminated as a result. Protests for violations are allowable per Section 8 of this ordinance. The fines for such violations are as follows: 1. First Violation The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also mail a Notice of First Violation (Exhibit C) to the current billing address. 2. Second Violation A second violation within twelve (12) calendar months of the first violation is punishable by a penalty not to exceed one hundred dollars 100). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Second Violation (Exhibit D) to the current billing address. 3. Third Violation A third violation within twelve (12) calendar months of the first or second violation is punishable by a penalty not to exceed two hundred and fifty dollars ($250). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Third Violation (Exhibit E) to the current billing address. 4. Fourth and Subsequent Violations A fourth and any subsequent violation within (12) calendar months of the first or any subsequent violation is punishable by a fine not to exceed five hundred dollars ($500). This amount will be added to the next water bill fifteen days after the date of the violation, if not protested. The Yorba Linda Water District will hand deliver a door hanger (Exhibit B) to the location of the violation and will also send a Notice of Fourth and Subsequent Violations (Exhibit F to the current billing address. 5. Water Flow Restrictor Device 9 In addition to any fines, the District, at the discretion of the General Manager, may install a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services. The restrictor will be installed by the District forty-eight (48) hours after a Notice of Intent to Install Flow Restrictor (Exhibit G) is sent to the current billing address. The restrictor will remain installed for a minimum of forty-eight (48) hours or such time as the General Manager, in his discretion, should decide. 6. Water Service Discontinuation In addition to any fines and the installation of a water flow restrictor, the District, at the discretion of the General Manager, may disconnect a customer's water service for willful violations of mandatory restrictions listed herein. The discontinuation of service will be imposed by the District forty-eight (48) hours after a Notice of Intent to Discontinue Service (Exhibit H) is sent to the current billing address, and will be imposed in the same process as disconnection pertaining to unpaid bills. A person or entity that violates this ordinance is responsible for payment of the District's charges for installing and/or removing any flow restricting device and for disconnection and/or reconnecting service per the District's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the District before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates. B. In the event that the individual responsible for the payment of the water bill is not the violator of the ordinance, notification of penalties will go to both the violation address and the billing address on file, with any and all fines and associated charges. Payment of the bill will be the final responsibility of the individual named on the account. SECTION 8:Relief from Enforcement A. The District will issue a Notice of Violation (Exhibits C-F) by mail or personal delivery at least fourteen (14) calendar days before taking enforcement action, with the exception of fourth and subsequent violations. Such notice will describe the violation and the date by which corrective action must be taken. A customer wishing to protest the Notice of Violation must first seek administrative review by the District by filing a written Notice of Review (Exhibit 1) with the District no later than fourteen (14) days from the date of notice. Any Notice of Violation not timely protested will be final. Upon receipt of a timely protest, the protest will be fully reviewed by the General Manager, with a Notice of Decision (Exhibit J) sent to the customer by mail within thirty (30) days of appeal. The District will only grant relief if the violation claimed is not in violation of the provisions of the Ordinance, the claim of violation is factually incorrect, or the District finds in its discretion that a violation did not occur. Should the District deny the customer relief, the customer may appeal the denial of the protest by filing a Form SC 100 with the Small Claims 10 division of the Superior Court within 25 days of the District's decision to deny the protest. (Gov. Code, § 53069.4 (b)(1); Cal. Code of Civ. Pro., § 1013 (a).) Pending receipt of a written appeal, and appeal to the Superior Court, the District may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water Stage condition. However, the District will not terminate water service while an appeal or hearing is still pending. SECTION 9:This Ordinance is Controlling To the extent that there is any inconsistency between this ordinance and the Urban Water Management Plan, any previous ordinances, resolutions, or other planning documents, or any other documents pertaining to water conservation or water use prohibitions, this ordinance shall prevail. PASSED AND ADOPTED this 14th day of May, 2009 by the following called vote: AYES:Directors Armstrong, Beverage, Mills and Summerfield NOES:None ABSENT:Director Collett ABSTAIN:None 6111ohn W. Summerfield, President t ATTEST: K nneth Vecchiarelli, Secretary Reviewed as to form by General Counsel: Ask Arthur G. Kidman, Esq. McCormick, Kidman and Behrens 11 Yorba Linda Water District Exhibit "A" Conservation Ordinance Waiver Application This Application is pursuant to Ordinance 09-01 Name Date Last)First) Address for Waiver Street)City)Zip) Restriction Waiver is Requested For Pursuant to Ordinance 09-01, Section 6, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship to a person using water or to property upon which water is used that is disproportionate to the impacts to water users generally or to similar property or classes of water users to the individual or property at the above address a waiver may be granted. The waiver may be granted, conditionally granted or denied based upon any included support documents and the paid non-refundable Application Processing Fee of $25. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Proof of previous conservation through the installation of water saving features must also be included in the supporting documentation in order for the waiver to be granted or conditionally granted. Exclusion of this proof is grounds for denial of the waiver. Further, pursuant to Ordinance 09-01, Section 6, the General Manager's Designee will act upon any completed application no later than seven (7) days after receipt of the waiver application with a Notice of Decision (Exhibit J) sent to the address requesting the waiver. The decision of the Designee can be appealed to the General Manager, with the completion of another application within seven (7) days of the date of denied waiver. The decision of the General Manager will be final. If approved, or conditionally approved, this waiver is valid only from the date approved or conditionally approved, forward. Any previous violations and subsequent fines or penalties incurred are final and will not be reimbursed retroactively. I understand that any information provided on this form or in supporting documentation that is found to be willfully falsified shall result in an automatic denial of the application. Signature FOR OFFICE USE ONLY Application Fee Paid Approved First Application Conditionally Approved Second Application Denied 1 1 1 1 I I Exhibit "B"1 1 1 1 1 I 1 I 1 1 I 1 1 1 1 1 1 1 I Yorba Linda Water District As the water supply situation worsens, conserva- tion and water use efficiency remain key factors. Please help to`do`your part. 1 1 We were in the area and wanted to make you aware of the following restriction: Watering'between 9am and 6pm Watering more than 15 min per station per day 1 1 Excessive Water Flow/Runoff 1 Washing down of hard surfaces 1 1 1 Watering when it is raining1 1 1 Other I Need HelmA 1 II Check out the other side of this hanger for information on Rebates & Conservation Tips 1 I Issued byYLWD Employee No. I 1 Date:1 1 1 Pursuant to Ordinance XX-XX, this Doorhanger serves as a Notice of Violation 1 I I I i Yorba Linda Water District Please Do YOUR Part To Help Conserve Water! CONSERVATION TIPS 6 Limit waging to 15 min. per station per day. 6 Refrain from washing down drive-ways, sidewalks or patios. 6 Adjust sprinkers to eliminate overspray and runoff. 46 Step on your grass to check if it needs to be watered. If it pops back up, it doesn't. 6 Promptly repair all leaks, including those within your sprinkler system. REBATES Both Indoor & Outdoor Rebates are available! ; Online rebate forms can be found at: www.socalwatersmart.com www.ylwd.com More conservation tips can be found at: www.ylwd.com 714-701-3000 WaterYorba Linda District Exhibit "C" Date Re: Pursuant to Ordinance 09-01, First Violation, Case No. Dear Customer, We wanted to bring to your attention Ordinance 09-01, passed by the Yorba Linda Water District Board of Directors on May 14, 2009. A District employee was in your area and noticed an inadvertent violation on the following date,at the following address:This ordinance, like many similar throughout California, was passed in reaction to the worsening water crisis. California has had one of the driest years on record, with eight of the past ten years meeting drought-level conditions and the Governor of the State of California proclaimed a state-wide drought and issued a State of Emergency, requesting that all water users reduce their water use by twenty (20) percent. We, at the Yorba Linda Water District, are committed to assisting our customers meet this request by focusing on the reduction of water waste and the efficiency of water that is used. Rebates for both indoor and outdoor products and conservation tips are available through the District website at www.ylwd.com. Please review the included Ordinance and feel free to contact us if you have any questions about its implementation. Due to unique circumstances, should you require an exemption from these restrictions, due to unique circumstances which create a hardship, a request for a Hardship Waiver can be submitted to the District. The Conservation Ordinance Waiver Application is available at the District Administrative Offices and through the District website. Upon submittal of the request for a variance to the District, the District staff will review the request and either approve, conditionally approve, or deny the waiver. If approved, the waiver is applicable from that date forward. Any previous violations will not be reimbursed retroactively. Thank you, in advance, for your commitment to water use efficiency. Sincerely, Cindy Botts Management Analyst Yorba Linda Water District Exhibit "D" Date Notice of Second Violation This Notice is issued pursuant to Ordinance 09-01 Violation Case No.Date Issued Location of Violation I. Violations The following violations of District Ordinance 09-01 have been witnessed as occurring on said property by a District employee: II. Corrective Actions The following corrective action is required: III. Date for Compliance/ Penalties You have been assessed a penalty for the above violations in the amount of one hundred ($100) dollars. This penalty will appear on your water bill after fourteen 14) days, if not appealed. The account is subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required within fourteen (14) days to avoid future violations. Future violations will also incur penalties pursuant to Ordinance No. 09-01, Section 7a. A copy of the full Ordinance is attached. This order shall become final unless you file a protest with the District no later than the close of business fourteen (14) days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: Yorba Linda Water District Exhibit "E" Date Notice of Third Violation This Notice is issued pursuant to Ordinance 09-01 Violation Case No.Date Issued Location of Violation 1. Violations The following violations of District Ordinance 09-01 have been witnessed as occurring on said property by a District employee: II. Corrective Actions The following corrective action is required: III. Date for Compliance/ Penalties You have been assessed a penalty for the above violations in the amount of two hundred and fifty ($250) dollars. This penalty will appear on your water bill after fourteen (14) days, if not appealed. The account is subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required within fourteen (14) days to avoid future violations. Future violations will also incur penalties pursuant to Ordinance No.09-01 , Section 7a. A copy of the full Ordinance is attached. This order shall become final unless you file a protest with the District no later than the close of business fourteen (14( days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: w"n Yorba Linda Water District EXHIBIT "F" Date Notice of Fourth and Subsequent Violation This Notice is issued pursuant to Ordinance 09-01 Violation Case No.Date Issued Location of Violation I. Violations The following violations of District Ordinance 09-01 have been witnessed as occurring on said property by a District employee: U. Corrective Actions The following corrective action is required: III. Date for Compliance/ Penalties You have been assessed a penalty for the above violations in the amount of five hundred ($500) dollars. This penalty will appear on your water bill after fourteen 14) days, if not appealed. In addition to the penalty, the District may install a water flow restrictor device (48/48 Program) and/or may disconnect service for willful violations, pursuant to Ordinance 09-01. The installation of a restrictor and/or the disconnection of service may become effective within forty-eight (48) hours, by separate notice. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Corrective action is required within fourteen (14) days to avoid future violations. Fixture violations will also incur penalties pursuant to Ordinance No. 09-01, Section 7a. A copy of the full Ordinance is attached. This order shall become final unless you file a protest with the District no later than the close of business fourteen (14) days after the date of this Notice of Violation. The Notice of Appeal is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Cindy Botts, Management Analyst Signature: K"m Yorba Linda Water District Exhibit "G" Date Notice of Intent to Install Flow Restrictor This Notice is issued pursuant to Ordinance 09-01 Violation Case No.Date Issued Location of Violation This notice is in regard to the receipt of a Fourth or Subsequent Violation (Exhibit F"). Pursuant to Ordinance 09-01, Section 7a, in addition to any fees assessed, the District may install a water flow restrictor device (48/48 Program) and/or may disconnect service for willful violations. The restrictor will be installed by the District forty-eight (48) hours after a Notice of Intent to Install Flow Restrictor (Exhibit G) is sent to the current billing address. The restrictor will allow approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services, and will remain installed for a minimum of forty-eight (48) hours. Removal of the flow restrictor is at the discretion of the General Manager. Further, pursuant to Ordinance 09-01, Section 7a, payment of the District's charges for installing and/or removing any flow restricting device and for disconnection and/or reconnecting service per the District's schedule of charges then in effect will be included on the customer's water bill. The charge for installing and/or removing any flow restricting device must be paid to the District before the device is removed. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Due to unique circumstances, should you require an exemption from these restrictions, a Hardship Waiver can be submitted to the District, and is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Kenneth R. Vecchiarelli, General Manager Signature: U Yorba Linda Water District Exhibit "H" Date Notice of Intent to Disconnect Service This Notice is issued pursuant to Ordinance 09-01 Violation Case No.Date Issued Location of Violation This notice is in regard to the receipt of a Fourth or Subsequent Violation (Exhibit F"). Pursuant to Ordinance 09-01, Section 7a, in addition to any fees assessed, the District may install a water flow restrictor device (48/48 Program) and/or may disconnect service for willful violations. The discontinuation of service will be imposed by the District forty-eight (48) hours after a Notice of Intent to Discontinue Service (Exhibit H) is sent to the current billing address. Further, pursuant to Ordinance 09-01, Section 7a, payment of the District's charges for installing and/or removing any flow restricting device and for disconnection and/or reconnecting service per the District's schedule of charges then in effect will be included on the customer's water bill. The charge for disconnection and/or reconnecting services must be paid to the District before the service is restored. The account is also subject to disconnect if any and all penalties are not paid in a timely manner. Due to unique circumstances, should you require an exemption from these restrictions, a Hardship Waiver can be submitted to the District, and is available at the District Administrative Offices and online at www.vlwd.com. Issuing Party: Kenneth R. Vecchiarelli, General Manager Signature: M Yorba Linda Water District Exhibit "I" Notice of Review This notice is pursuant to Ordinance 09-01 Name Date Last(First( Address for Waiver/Violation Appeal Street(City)Zip( Violation No. (it applicable) Pursuant to Ordinance 09-01, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship, additional supporting documents are found, or the violation was made in error, an appeal can be submitted to the District no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. The waiver may be granted, conditionally granted or denied based upon any included support documents. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Further, pursuant to Ordinance 09-01, Section 7, the General Manager's Designee will act upon any completed Notice of Review (Exhibit I) no later than seven (7) calendar days after receipt of the appeal with a Notice of Decision (Exhibit J) sent to the address requesting the appeal. The decision of the Designee can be appealed to the General Manager, with the completion of another application within seven (7) days of the date of denied waiver. The General Manager will act upon the appeal within thirty (30) calendar days. The decision of the General Manager is final. 1 understand that any information provided on this form or in supporting documentation that is found to be unllfully falsified shall result in an automatic denial of the appeal. Signature FOR OFFICE USE ONLY Approved Conditionally Approved Denied w"n Yorba Linda Water District Exhibit "J" Notice of Decision This notice is pursuant to Ordinance 09-01 Pursuant to Ordinance 09-01, if, due to unique circumstances, a specific requirement of the Ordinance restrictions would result in undue hardship, additional supporting documents are found, or the violation was made in error, an appeal can be submitted to the District no later than the close of business on the day before the date scheduled for enforcement action. Any Notice of Violation not timely appealed will be final. The waiver may be granted, conditionally granted or denied based upon any included support documents. These documents can include a written statement of explanation, photographs, maps, drawings, etc. Pursuant to Ordinance 09-01, Section 6, the General Manager's Designee will act upon any completed Notice of Notice of Appeal no later than seven (7) calendar days after receipt of the appeal. Unless specified otherwise at the time approved, the variance will apply to the subject property during the period of the mandatory water supply shortage condition and if approved or conditionally approved, will apply from the date of approval only. Any previous violations and/or subsequent penalties are final. The decision of the General Manager's Designee can be appealed to the General Manager by written notice within seven (7) calendar days of the date of the denied waiver. The General Manager shall act upon an appeal within thirty (30) calendar days after receipt of the appeal with a Notice of Decision sent to the address requesting the appeal. The decision of the General Manager shall be final in the case of an appeal for a waiver. In the case of an appeal of a violation fine, should the District deny the customer relief, the customer may appeal the denial of the protest by filing a Form SC 100 with the Small Claims division of the Superior Court within 25 days of the District's decision to deny the protest. Gov. Code, § 53069.4 (b)(1); Cal. Code of Civ. Pro., § 1013 (a).) Request for Appeal of: Waiver Violation Request Decision: Approved-Conditionally Approved-Denied Decision Reason: Issued by: Kenneth R. Vecchiarelli, General Manager Signature: Date: Yorba Linda Water District Ordinance 09-01 Violation Log Exhibit "K" Name of Customer & Violation Observed Date & Time Door Hanger Employee Signature & Employee Number Street Address where Left at In compliance with California Code of Civil procedure § 2015.5. in Violation was observed Address of signing this declaration I do hereby declare under penalty of perjury that Violation?the foregoing is true and correct Customer Name:Watering between 9am & 6 pm Water more than 15 minutes per Date:YES Date: Customer Address:station per day Excess Water Flow / Runoff Place:California Washing down of hard surfaces Watering when it is raining Signature Other:Time:NO Employee # Customer Name:Watering between 9am & 6 pm Water more than 15 minutes per Date:YES Date: Customer Address:station per day Excess Water Flow / Runoff Place:California Washing down of hard surfaces Watering when it is raining Signature Other:Time:NO Employee # Customer Name:Watering between 9am & 6 pm Water more than 15 minutes per Date:YES Date: Customer Address:station per day Excess Water Flow / Runoff Place:California Washing down of hard surfaces Watering when it is raining Signature Other:Time:NO Employee # Customer Name:Watering between 9am & 6 pm Water more than 15 minutes per Date:YES Date: Customer Address:station per day Excess Water Flow / Runoff Place:California Washing down of hard surfaces Watering when it is raining Signature Other:Time:NO M Yorba Linda Water District Ordinance 09-01 Violation Log Exhibit "K" Employee # ITEM NO. 13.7 AGENDA REPORT Meeting Date: May 28, 2015 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Secretary Subject:OCSD - May 27, 2015 (Kiley/Beverage) SUMMARY: Minutes from the meeting held April 22, 2015 can be viewed on OCSD's website: http://www.ocsd.com/Home/ShowDocument?id=17143 ITEM NO. 14.1 AGENDA REPORT Meeting Date: May 28, 2015 Subject:Meetings from May 29, 2015 - June 30, 2015 ATTACHMENTS: Name:Description:Type: BOD_-_Activities_Calendar.pdf Backup Material Backup Material Event Date Attendance by: June 2015 Yorba Linda City CouncilTue, Jun 2Beverage MWDOCWed, Jun 3Melton OCSD Operations CommitteeWed, Jun 3Kiley/Beverage OCWDWed, Jun 3Collett Drought Tolerant Landscaping WorkshopWed, Jun 3 WACOFri, Jun 5Hawkins/Kiley AWWA ACE15 ConferenceSun, Jun 7Collett/Kiley/Melton AWWA ACE15 ConferenceMon, Jun 8Collett/Kiley/Melton AWWA ACE15 ConferenceTue, Jun 9Collett/Kiley/Melton AWWA ACE15 ConferenceWed, Jun 10Collett/Kiley/Melton AWWA ACE15 Smaller Utilities SessionWed, Jun 10Hawkins Yorba Linda Planning CommissionWed, Jun 10Melton Board of Directors Regular MeetingThu, Jun 11 Yorba Linda LMCACThu, Jun 11Beverage (As Needed) Joint Committee Meeting with City of PlacentiaTue, Jun 16Melton/Kiley Yorba Linda City CouncilTue, Jun 16Collett LAFCOWed, Jun 17Beverage (As Needed) MWDOCWed, Jun 17Melton OCWDWed, Jun 17Kiley Board of Directors Workshop MeetingThu, Jun 18 Citizens Advisory Committee MeetingMon, Jun 22Collett OCSDWed, Jun 24Kiley/Beverage Yorba Linda Planning CommissionWed, Jun 24Hawkins Board of Directors Regular MeetingThu, Jun 25 Yorba Linda LMCACThu, Jun 25Beverage (As Needed) Groundwater Replenishment System Initial ExpansionFri, Jun 269:00AM 1:00PM 8:30AM 6:30PM 6:30PM 8:30AM 6:30PM 6:30PM 9:00AM 6:30PM 8:00AM 8:30AM 5:30PM 8:00AM 8:00AM 8:00AM 8:30AM 6:30PM 8:30AM 8:30AM 5:00PM 5:30PM 6:30PM 7:30AM 8:00AM Board of Directors Activity Calendar Time 6:30PM 5/22/2015 3:07:55 PM ITEM NO. 15.1 AGENDA REPORT Meeting Date: May 28, 2015 Subject:Groundwater Replenishment System Initial Expansion Dedication - June 26, 2015 STAFF RECOMMENDATION: That the Board of Directors authorize Director attendance at this event if desired. ATTACHMENTS: Name:Description:Type: GWRS_Dedication.pdf Backup Material Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/28/2015 PH/MB 5-0 _ ` Wr D e A. di" c a t 'i o G www R NI-900- The Sequellvo- Friday, June 26, 2015 9:00 a.m. to 10:30 a.m. Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 DROUGHT-PROOFING ORANGE COUNTY In 2008, the Orange County Water District and Orange G E . G SANtr County Sanitation District made history with the opening of the Groundwater Replenishment System (GWRS), ° the worlds largest advanced water purification f its acility of its kind that takes treated wastewater ��� �a� ' ''';,,�G THE and purifies it to meet and exceed state and federal drinking water standards. On June 26, 2015, history will be made again G W R S as the Initial Expansion of the GWRS will be GROUNDWATER REPLENISHMENT SYSTEM completed and daily production goes from 6� 70 million gallons to 100 million gallons per day. Learn mo .00WD.