HomeMy WebLinkAbout2016-09-22 - Board of Directors Meeting Agenda Packet
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, September 22, 2016, 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
4.1. Second Request for Letter of Support for City of Anaheim’s Prop 1 Stormwater
Improvement Grant Application - California Urban Rivers Grant Program
Recommendation: That the Board of Directors consider adding this matter to the
agenda as Item No. 9.3. as it came to staff's attention subsequent to posting the
agenda and requires immediate action.
5. INTRODUCTIONS AND PRESENTATIONS
5.1. MWDSC/MWDOC Director's Report
6. 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.
7. CONSENT CALENDAR
All items listed on the consent calendar are considered to be routine matters, status reports, or documents
covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion.
There will be no discussion on the items unless a member of the Board, staff, or public requests further
consideration.
7.1. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize disbursements in
the amount of $1,325,162.15.
7.2. Terms and Conditions for Water and Sewer Service with YL West Estates, LLC, Parcel
Map No. 2016-131.
Recommendation: That the Board of Directors approve the Terms and Conditions
for Water and Sewer Service with YL West Estates, LLC, Parcel Map No. 2016-131.
8. PUBLIC HEARING
8.1. 2016 Public Health Goals Report
Recommendation: That the Board of Directors conduct a public hearing to accept
and respond to public comment, and receive and file the 2016 Public Health Goals
Report.
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. Election of Independent Special District of Orange County (ISDOC) Officers
Recommendation: That the Board of Directors consider voting for candidates in this
election.
9.2. Lease Agreement for Well 22 Site
Recommendation: That the Board of Directors approve execution of a Lease
Agreement between Orange County Water District and Yorba Linda Water District
for Huckleberry Pond, Well No. 22.
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. Scheduling Special Meeting to Participate in Municipal Market Disclosure Training
11. REPORTS, INFORMATION ITEMS, AND COMMENTS
11.1. President's Report
11.2. Directors' Reports
11.3. General Manager's Report
11.4. General Counsel's Report
11.5. Future Agenda Items and Staff Tasks
12. COMMITTEE REPORTS
12.1. Interagency Committee with MWDOC and OCWD
(Collett/Melton)
· Next meeting scheduled September 27, 2016 at 4:00 p.m.
12.2. Joint Agency Committee with City of Yorba Linda
(Collett/Beverage)
· Minutes of the meeting held September 20, 2016 at 10:00 a.m. (To be provided when
available.)
· Next meeting yet to be scheduled.
12.3. Interagency Committee with City of Placentia and Golden State Water Company
(Collett/Kiley)
· Next meeting yet to be scheduled.
12.4. Citizens Advisory Committee
(Melton)
· Next meeting scheduled September 26, 2016 at 8:30 a.m.
13. INTERGOVERNMENTAL MEETINGS
13.1. WACO - September 9, 2016 (Hawkins/Kiley)
13.2. LAFCO - September 14, 2016 (Beverage - As Needed)
13.3. YL Planning Commission - September 14, 2016 (Melton)
13.4. YL City Council - September 20, 2016 (Collett)
13.5. MWDOC Board - September 21, 2016 (Melton)
13.6. OCWD Board - September 21, 2016 (Kiley)
14. BOARD OF DIRECTORS ACTIVITY CALENDAR
14.1. Meetings from September 23, 2016 - October 31, 2016
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. ISDOC - September 29, 2016
OCSD State of the District - October 14, 2016
CRWUA Annual Conference - December 7-9, 2016
Recommendation: That the Board of Directors approve Director attendance at these
events if desired.
16. CLOSED SESSION
The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is
excused during these discussions.
16.1. Conference with Legal Counsel - Existing Litigation
Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California
Government Code
Name of Case: Kent Ebinger and Yorba Linda Taxpayers Association vs. Yorba Linda
Water District (OC Superior Court - Case No. 00829548)
16.2. Conference with Legal Counsel - Existing Litigation
Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California
Government Code
Name of Case: Irvine Ranch Water District vs. Orange County Water District (OC
Superior Court - Case No. 00858584)
16.3. Conference with Legal Counsel - Existing Litigation
Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California
Government Code
Name of Case: City of Anaheim et al. vs. Cohen et al. (3rd Appellate District - Case No.
C081918, OC Superior Court - Case No. 34-2013-80001529)
16.4. Conference with Legal Counsel - Existing Litigation
Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California
Government Code
Name of Case: City of Yorba Linda vs. Nicola Saba, et al. (OC Superior Court - Case
No. 00847807)
16.5. Conference with Legal Counsel - Existing Litigation
Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California
Government Code
Name of Case: City of Yorba Linda vs. Harry Schlitz, et al. (OC Superior Court - Case
No. 00847840)
16.6. Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
17. ADJOURNMENT
17.1. The next Regular Board of Directors Meeting will be held Thursday, October 13, 2016 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. 4.1
AGENDA REPORT
Meeting Date: September 22, 2016
Subject:Second Request for Letter of Support for City of Anaheim’s Prop 1 Stormwater
Improvement Grant Application - California Urban Rivers Grant Program
STAFF RECOMMENDATION:
That the Board of Directors consider adding this matter to the agenda as Item No. 9.3. as it came
to staff's attention subsequent to posting the agenda and requires immediate action.
ATTACHMENTS:
Name:Description:Type:
Agenda_Report_-_Item_No._9.3.pdf Backup Material Distributed Less Than 72 Hours Prior to
the Meeting Report(s)
ITEM NO. 9.3
AGENDA REPORT
Meeting Date: September 22, 2016 Budgeted: N/A
To: Board of Directors Cost Estimate: $0
From: Marc Marcantonio, General Mgr
Presented By: Marc Marcantonio, General Mgr Dept: Engineering
Reviewed by Legal : N/A
Prepared By: Anthony Manzano, Sr Project Mgr CEQA Compliance: N/A
Subject: Second Request for Letter of Support for City of Anaheim’s Prop 1 Stormwater
Improvement Grant Application - California Urban Rivers Grant Program
SUMMARY:
On September 20, 2016, an email was received from City of Anaheim staff requesting a letter of
support from YLWD for the City’s Stormwater Improvement Grant Application, California Urban
Rivers Grant Program, to the California Natural Resources Agency, for a project located near
Richfield and La Palma. The request asked that the letter of support be provided to the City of
Anaheim before the October 3, 2016 grant deadline.
STAFF RECOMMENDATION:
That the Board of Directors review the attached draft letter of support, provide any necessary
revisions, and direct the General Manager to execute and forward it to the City of Anaheim.
DISCUSSION:
In a September 20, 2016 email from Anaheim staff, it was requested that YLWD support the
City’s Prop 1 Stormwater Improvement Grant Application, California Urban Rivers Grant
Program, being submitted to the California Natural Resources Agency for a project located near
Richfield and La Palma. The email states that the project will help alleviate flooding in the area,
and will contribute to the reliability of the local groundwater supply by diverting stormwater to
OCWD recharge facilities that is normally lost to the Santa Ana River and the ocean. Anaheim
provided a template from which the attached draft letter was prepared.
PRIOR RELEVANT BOARD ACTION(S):
On June 23, 2016 the Board of Directors approved a letter of support related to this matter which
was addressed to the State Water Resources Control Board.
ATTACHMENTS:
Draft Letter of Support
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
September 21, 2016
Ms. Polly Escovedo
Bonds and Grants Director
California Natural Resources Agency
California Urban Rivers Grant Program
1416 Ninth St Ste 1311
Sacramento CA 95814
Subject: La Palma and Richfield Storm Drain Extension and Storm Water
Infiltration Project
Dear Director Escovedo,
Yorba Linda Water District (YLWD) supports the City of Anaheim’s Proposition 1
Urban Rivers Grant Program application for the La Palma & Richfield Storm Drain
Extension and Storm Water Infiltration project. The proposed project includes the
installation of a diversion system that will transport storm water and dry weather
runoff from the project area to Orange County Water District’s (OCWD) Foster-
Huckleberry Recharge Basin, which provides groundwater for nearby
communities, and other OCWD basins.
YLWD serves residents in most of Yorba Linda and portions of Anaheim, Placentia,
Brea, and unincorporated County of Orange. YLWD utilizes wells partially
supplied by the Foster-Huckleberry Basin. Currently, storm water from the La
Palma and Richfield area flows overland through a deficient concrete-lined storm
drain system into the Santa Ana River, resulting in a significant amount of storm
water being lost to the Pacific Ocean per year.
The proposed project will divert water into the OCWD’s recharge basin, which have
the capacity, up to and including a 25-year storm event. This basin would allow
the storm water to slowly percolate into the ground (the source of the majority of
North and Central Orange County’s drinking water supply), thereby naturally
filtering it from the ground and recharging the groundwater aquifer.
YLWD recognizes the importance of capturing and infiltrating storm water,
particularly as changes in climate continue to severely impact rainfall in the
Southern California region. We urge you support Anaheim’s efforts to replenish
ground water resources and improve water quality in our community.
Sincerely,
Marc Marcantonio
General Manager
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
ITEM NO. 7.1
AGENDA REPORT
Meeting Date: September 22, 2016 Budgeted:Yes
To:Board of Directors Cost Estimate:$
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 $1,325,162.15.
DISCUSSION:
The major items on this disbursement list are as follows: A wire of $25,458.77 to So. California Gas
Co. for July 2016 gas charges at multiple locations; a wire of $370.58 to So. California Edison for
August 2016 electricity charges at multiple locations; a wire of $626,511.12 to MWDOC for July 2016
water purchases; a wire of 18,835.82 to So. California Gas Co. for August 2016 gas charges at
multiple locations; a wire of $47,524.64 to So. California Edison for August 2016 electricity charges at
multiple locations; a check of $110,633.08 to ACWA/JPIA for October 2016 medical & dental
premium; and a check of $98,777.20 to GCI Construction Inc. for waterline replacement progress
payment #04. The balance of $130,017.64 is routine invoices.
The Accounts Payable check register total is $1,058,128.85; Payroll No. 18 total is $267,033.30; and
the disbursements of this agenda report are $1,325,162.15. 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:
16-CS_0922.pdf CAP SHEET Backup Material
16_CC_0922.pdf CREDIT CARD SUMMARY Backup Material
CkReg092216.pdf CHECK REGISTER Backup Material
.
September 22, 2016
CHECK NUMBERS & WIRES:
Computer Checks 68307—68382 $ 339,427.92
____________
$ 339,427.92
WIRES:
W090616 So. California Gas Co. $ 25,458.77
W091416 So. California Edison $ 370.58
W091516 MWDOC $ 626,511.12
W 091516A So. California Gas Co. $ 18,835.82
W 091916 So. California Edison $ 47,524.64
____________ $ 718,700.93
TOTAL OF CHECKS & WIRES $1,058,128.85
PAYROLL NO. 18:
Direct Deposits $ 169,624.63
Third Party Checks 6493—6500 $ 48,970.64
Payroll Taxes $ 48,438.03
$ 267,033.30
TOTAL OF PAYROLLS $267,033.30
----------------------------------------------------------------------------------------------------------------------
DISBURSEMENT TOTAL: $1,325,162.15
==================================================================
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF September 22, 2016
==================================================================.
Date Vendor Name Amount Description
8/17/2016 KB Design 2,933.28 District uniforms
8/23/2016 Water Smart Innovations 475.00 2016 WSI Conference - Botts
8/23/2016 Mysafetysign.com 118.40 "Confined Space" stencil and paint
8/24/2016 In n Out 9.88 Travel Expense - UWI Conference - Marcantonio
8/25/2016 FTP Today 22.58 ylwd.ftptoday.com - temporary data storage
8/25/2016 Pluralsight.com 212.69 E-learning subscription - Shaw, R
8/25/2016 Hilton San Diego 30.00 Travel Expense - UWI Conference - Marcantonio
8/25/2016 AWWA 226.00 Water treatment books - GD 1-4
8/25/2016 Northern Safety & Industrial 224.40 PPE Equipment
8/25/2016 Home Depot 600.35 Material - Concrete & Soil topper bags
8/25/2016 Westside Building Material Corp 45.65 Tools & equipment
8/26/2016 Hilton San Diego 513.62 Travel Expense - UWI Conference - Marcantonio
8/26/2016 Hilton San Diego 558.70 Travel Expense - UWI Conference - Kiley
8/26/2016 McDonalds 7.43 Travel Expense - UWI Conference - Marcantonio
8/28/2016 Hyatt Regency 613.24 Travel Expense - CSDA Conference - Micallizzi
8/29/2016 Mimis Café 39.18 Lunch meeting with MWDOC - Micallizzi
8/29/2016 Home Depot 33.86 Hardware supplies
8/30/2016 Gaylord Archival 409.60 Steel book cart
8/30/2016 Harrington Industrial 61.42 Hardware supplies
8/30/2016 South Point Hotel 89.60 Travel Expense - WSI Conference - Botts
8/30/2016 Minuteman Press 581.03 Business cards & Water Turn Off notices
8/30/2016 Home Depot 107.99 Sprinkler repairs - Richfield & Miraloma facility
8/30/2016 Bell Pipe & Supply Co.68.72 Plumbing repair parts
8/30/2016 ARMA International 51.50 Books - Record Retention Dept.
8/31/2016 Orchard Supply Hardware 43.18 (2) Drain spades
8/31/2016 Site One Landscape 66.15 Hardware & shop supplies
8/31/2016 Home Depot 32.68 Welding supplies
8/31/2016 Home Depot 49.87 Hardware supplies
8/31/2016 United Water Works 30.24 Pipeline repair parts
8/31/2016 Georgia Hardwoods 39.33 Drawer replacement parts
9/1/2016 NPELRA 89.00 Webinar registration - HR
9/6/2016 Home Depot 271.38 Shop & material supplies
9/6/2016 Dan Copp Crushing 150.00 Disposal of road material
9/6/2016 CSDA 580.00 Travel Expense - CSDA Conference - Micallizzi
9/6/2016 CSDA 580.00 Travel Expense - CSDA Conference - Kiley
9/6/2016 Alaska Airline 184.20 Travel Expense - CSDA Board Secretary Conference - Alexander
9/6/2016 CSDA 675.00 Travel Expense - CSDA Board Secretary Conference - Alexander
9/7/2016 KB Design 1,148.04 District uniforms
9/7/2016 Facility Solutions Group 130.33 (2) replacement lights
9/7/2016 The Ready Store 1,628.32 Emergency Food Supplies
9/8/2016 Orchard Supply Hardware 156.51 Hardware supplies
9/8/2016 SCIE ARMA 20.00 SCIE Chapter meeting - McAllaster
13,908.35
Cal Card Credit Card
U S Bank
8/17/16 - 9/08/16
Check No.Date Vendor Name Amount Description
68324 09/22/2016 ACWA/JPIA 110,633.08 MEDICAL & DENTAL PREMIUM - OCTOBER 2016
68325 09/22/2016 ACWA/JPIA 160.00 CONFERENCE - OCTOBER 2016 - SMITH, J
68326 09/22/2016 Aramark 295.54 UNIFORM SERVICE
68336 09/22/2016 ARC 20.00 J2010-11B - PW DMF/DOC MGMT
68327 09/22/2016 AT & T 5,103.25 DAMAGE CLAIM #PACB-CS-201512-0A-0016
68328 09/22/2016 Autoscribe Corporation 1,039.50 PAYMENT VISION GATEWAY
68329 09/22/2016 AWWA - Dues 3,680.00 MEMBERSHIP DUES - 11/16-10/17
68330 09/22/2016 Bee Busters, Inc 125.00 BEE COLONY ABATEMENT
68312 09/22/2016 BLISS ESTATE MANAGEMENT 368.83 CUSTOMER REFUND
68317 09/22/2016 BRIAN DRESCHER 119.20 CUSTOMER REFUND
68332 09/22/2016 CalCard US Bank 13,908.35 CREDIT CARD TRANSACTIONS FOR AUGUST & SEPTEMBER 2016
68331 09/22/2016 Calolympic Safety Co.1,140.65 BAYCO FLASHLIGHTS
68321 09/22/2016 CHUN WANG 161.65 CUSTOMER REFUND
68333 09/22/2016 City Of Placentia 5,191.19 SEWER FEES - AUGUST 2016
68334 09/22/2016 Clinical Lab. Of San Bern.2,725.00 WATER QUALITY SAMPLING - JULY 2016
68335 09/22/2016 Coastline Equipment 1,126.55 MAINTENANCE - E169
68337 09/22/2016 Damon Micalizzi 118.77 TRAVEL EXPENSE - UWI CONFERENCE
68338 09/22/2016 Daniels Tire Service 2,304.21 TIRE REPLACEMENT - UNIT #171, 180, 194 & 208
68322 09/22/2016 DAVID BOOTH 34.51 CUSTOMER REFUND
68339 09/22/2016 Dell Marketing L.P.1,209.58 HARD DRIVE KIT - SEAGATE
68341 09/22/2016 Eisel Enterprises, Inc.356.40 J15-06 - MTR BOX, LID & COVER
68342 09/22/2016 Elite Equipment Inc 39.63 EQUIPMENT MAINTENANCE #E194
68343 09/22/2016 Empire Pipe Cleaning & Equipment, Inc.980.00 ONSITE SERVICE CALL - CCTV
68344 09/22/2016 Enthalpy Analytical, Inc.3,425.10 WATER QUALITY SAMPLING - JULY 2016
68345 09/22/2016 EyeMed 1,397.38 EYE MED PREMIUM - SEPTEMBER 2016
68346 09/22/2016 Fieldman Rolapp & Associates 2,121.90 PROFESSIONAL SERVICES - FORECAST & ANALYSIS
68347 09/22/2016 Flex Advantage 117.00 FLEX - AUGUST 2016
68348 09/22/2016 GCI Construction Inc.98,777.20 J14-12 - '15 WATERLINE REPLACEMENT
68349 09/22/2016 Harrington Industrial 347.92 HYDRANT & CL2 REPAIR PARTS
68320 09/22/2016 HONGTAO LIN 143.45 CUSTOMER REFUND
68350 09/22/2016 Infosend Inc.7,490.43 POSTAGE BILLING - MONTHLY FEE
68351 09/22/2016 Innovyze 1,837.50 INFOWATER LICENSE - 2017 & SCADA WATCH IMPLEMENTATION SERVICE
68352 09/22/2016 Jackson's Auto Supply - Napa 1,011.76 VEHICLE MAINTENANCE - UNITS #144, 148, 156, 166
68316 09/22/2016 JOANNE PARAMO 48.20 CUSTOMER REFUND
68307 09/22/2016 JOE DASILVA 31.24 CUSTOMER REFUND
68353 09/22/2016 John Bogosian 1,219.60 MECHANIC - SHOP EQUIPMENT
68313 09/22/2016 KELLY HAMMON 2.18 CUSTOMER REFUND
68314 09/22/2016 KHAN H DAO 67.98 CUSTOMER REFUND
68382 09/22/2016 Kidman Law 18,730.50 LEGAL SERVICES
68354 09/22/2016 Lancab, Inc.382.50 ONSITE SERVICE - CAT6 CABLING INSTALLATION
68355 09/22/2016 Managed Health Network 173.25 EAP - SEPTEMBER 2016
68358 09/22/2016 Marc Marcantonio 71.71 MILEAGE REIMBURSEMENT - AUGUST 2016
68356 09/22/2016 Marina Landscape, Inc 4,307.18 MONTHLY MAINTENANCE & IRRIGATION REPAIRS
68357 09/22/2016 MARS COMPANY 290.58 WAREHOUSE - TOOLS & EQUIPMENT
68359 09/22/2016 Mc Fadden-Dale Hardware 299.92 TOOL & EQUIPMENT
68360 09/22/2016 Mc Master-Carr Supply Co.44.35 HARDWARE SUPPLIES
68309 09/22/2016 MICHAEL OUELLETTE 190.34 CUSTOMER REFUND
68361 09/22/2016 Mobile Industrial Supply 66.32 WELDING SUPPLIES
W091516 09/15/2016 Municipal Water District 626,511.12 WATER PURCHASES - JULY 2016
68362 09/22/2016 Murcal, Inc.916.24 CONTROL MODULE - HIGHLAND #5
68363 09/22/2016 Nickey Kard Lock Inc 5,206.90 FUEL - 08/16/16 - 08/31/16
68315 09/22/2016 OLIVIA MOOREHEAD 9.82 CUSTOMER REFUND
68364 09/22/2016 Orange County - HCA 172.00 FA0067288 - HAZMAT DISCLOSURE
68365 09/22/2016 OUR FIRST AID COMPANY 192.35 FIRST AID SUPPLIES
Yorba Linda Water District
Check Register
For Checks Dated: 09/09/2016 thru 09/22/2016
68367 09/22/2016 P.T.I. Sand & Gravel, Inc.1,981.89 ROAD MATERIAL - +30 FILL SAND, COLD MIX ASPHALT AND CL2 BASE
68366 09/22/2016 Powerstride Battery 159.50 BATTERY - H4DX
68368 09/22/2016 Quinn Company 2,641.87 ENGINE MAINTENANCE - PASO FINO
68369 09/22/2016 Rick Walkemeyer 1,250.35 TRAVEL EXPENSE - VMWORLD CONFERENCE
68308 09/22/2016 ROBERT CALDERON 42.07 CUSTOMER REFUND
68370 09/22/2016 Robert Kiley 278.12 MILEAGE REIMBURSEMENT & DATA REIMBURSEMENT - AUGUST 16
68371 09/22/2016 South Coast AQMD 479.21 RENEWAL FEES - SANTIAGO F80764
W090616 09/06/2016 Souther Calif Gas Co.25,458.77 GAS CHARGES -MULTIPLE LOCATIONS- JULY 2016
W091416 09/14/2016 Southern Calif Edison Co.370.58 ELECTRICITY CHARGES -MULTIPLE LOCATIONS - AUGUST 2016
W091916 09/19/2016 Southern Calif Edison Co.47,524.64 ELECTRICITY CHARGES -MULTIPLE LOCATIONS- AUGUST 2016
W091516A 09/15/2016 Southern Calif Gas Co.18,835.82 GAS CHARGES -MULTIPLE LOCATIONS- AUGUST 2016
68373 09/22/2016 St.Jude Hospital Yorba Linda 35.00 DMV PHYSICAL EXAM
68372 09/22/2016 Stantec Consulting Services In 3,092.50 J09-22#21 & J14-23 - PROFESSIONAL SERVICE
68310 09/22/2016 SWARAJ KANKIPATI 41.61 CUSTOMER REFUND
68374 09/22/2016 Tifco Industries, Inc.74.42 SHOP SUPPLIES
68375 09/22/2016 Time Warner Cable 2,000.00 ETHERNET INTERSTATE COLOCATION
68318 09/22/2016 TODD MOELLER 129.64 CUSTOMER REFUND
68319 09/22/2016 TOM HOANG 80.37 CUSTOMER REFUND
68376 09/22/2016 Townsend Public Affairs, Inc.5,000.00 CONSULTING - SEPTEMBER 2016
68323 09/22/2016 TRISHA MEHTA 32.23 CUSTOMER REFUND
68311 09/22/2016 TUTOR ZONE 416.72 CUSTOMER REFUND
68379 09/22/2016 U S Postal Service(Hasler)2,500.00 REPLENISH FUNDS - POSTAL METER
68377 09/22/2016 Underground Service Alert 412.50 MONTHLY BILLING - DIGALERT
68378 09/22/2016 UNUM Life Insurance Co. of America 3,520.96 LIFE, AD&D, STD & LTD - OCTOBER 2016
68380 09/22/2016 Westside Building Material 786.93 TOOL & EQUIPMENT
68340 09/22/2016 White Nelson Diehl Evans LLP 14,500.00 3RD INTERIM BILLING - AUDIT 2016
68381 09/22/2016 Yorba Linda Hardware 38.34 HARDWARE SUPPLIES
1,058,128.85
ITEM NO. 7.2
AGENDA REPORT
Meeting Date: September 22, 2016
To:Board of Directors
Funding Source:Developer Funded
From:Marc Marcantonio, General
Manager
Account No:1/2-2600
Job No:201612
Presented By:Steve Conklin, Engineering
Manager
Dept:Engineering
Reviewed by Legal:N/A
Prepared By:Ricardo Hipolito Jr., Engineering
Tech II
CEQA Compliance:N/A
Subject:Terms and Conditions for Water and Sewer Service with YL West Estates, LLC, Parcel
Map No. 2016-131.
SUMMARY:
Terms and Conditions are submitted for consideration by the Board of Directors for approval for a 4-lot
residential development south of Bastanchury Road and west of Prospect Avenue, located at 16941
Nightingale Lane. The property is located within the District's Sewer Drainage Area "2". The applicant is
proposing to subdivide the property into 4 residential parcels, as shown in the attached exhibit.
STAFF RECOMMENDATION:
That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with YL West
Estates, LLC, Parcel Map No. 2016-131.
DISCUSSION:
The District has existing water facilities in Nightingale Lane, fronting the proposed development, which are
adequate in size and of sufficient pressure to serve the proposed project. The District also has existing sewer
facilities along a portion of the northerly property line that are adequate in size to meet the demands of this
project.
The applicant is required to extend the water main from Nightingale Lane northerly, and to install a new sewer
main from the middle of the future development to an existing sewer main within an easement at the north end
of the development. The on-site sewer shall be privately owned and maintained. Staff will require the applicant
to provide proper separation distance from the public water system, and install a manhole connection to the
existing public sewer main.
The Terms and Conditions for Water and Sewer Service with YL West Estates, LLC are attached for your
consideration.
ATTACHMENTS:
Name:Description:Type:
2016-12_T_C.pdf Terms & Conditions Agreement
2016-12_Exhibit.pdf Exhibit Exhibit
Date: SEPTEMBER 22, 2016
YORBA LINDA WATER DISTRICT
TERMS AND CONDITIONS
FOR WATER AND SEWER SERVICE
NAME OF APPLICANT: YL WEST ESTATES, LLC.
LOCATION OF PROJECT: 16941 Nightingale Lane, Yorba Linda, CA 92886
PARCEL MAP NO: 2016-131 JOB NUMBER: 201612 LOTS: 4
The applicant will be required to complete to the satisfaction of the District the following
items that have an “X” following the number.
1) X The applicant shall provide the District with a copy of the Grant Deed or
Title Report of the property to be served.
2) X The applicant shall include information deemed necessary by the District in
the event the applicant is required to file a Department of Real Estate Tax
Disclosure statement.
3) X The applicant shall submit two (2) sets of the improvement plans to the
District for plan check processing.
a) Improvement Plans
b) Grading Plans
c) Tract, Parcel or Vesting Map
d) Landscaping Plans
4) X Improvement Plans submitted for plan check shall comply with the submittal
requirements established by the YLWD Engineering Department.
5) X The applicant shall dedicate or obtain all easements deemed necessary by
the District in accordance with the Rules and Regulations of the District. All
easement documents shall be prepared under the supervision of and
stamped by a Professional Land Surveyor or a Registered Civil Engineer
(licensed prior to January 1, 1982) licensed to practice in the State of
California.
6) X The applicant shall provide the District with a copy of the Recorded
Tract/Parcel Map(s) or Easement Documents illustrating all District
easements required by Term and Condition No. 7, prior to requesting
occupancy releases.
7) X The applicant shall prepare and process all easements to be quitclaimed by
the District in accordance with the Rules and Regulations of the District.
Page 2 of 5
NAME OF APPLICANT: YL WEST ESTATES, LLC.
LOCATION OF PROJECT: 16941 Nightingale Lane, Yorba Linda CA 92886
8) X The applicant shall furnish the District with a 24-hour emergency telephone
number prior to the District’s approval of the construction plans.
9) X The applicant shall notify the District 48 hours prior to initiating any work
related to required or proposed improvements.
10) X The applicant shall complete a Temporary Construction Meter Permit
application for all water to be used in construction work and all water used
under such permit shall be taken from the approved construction meter.
11) X The applicant shall provide per the District specifications one complete set
of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or
later) for the Water facilities.
12) X The applicant shall complete an Application to and Agreement for Water
Service.
13) X The applicant shall pay all of the water fees as required by the Rules and
Regulations of the District.
14) X The applicant shall pay meter fees associated with the installation of radio
read meters for this project.
15) X The applicant shall comply with the Rules and Regulations of the Yorba
Linda Water District with regard to the Rendition of Water Service.
16) X The applicant shall provide the District with a set of plans stamped and
approved by the Orange County Fire Authority, or fire agency having
jurisdiction, that identifies approved fire hydrant locations. Such approved
plan must be submitted to the District before staff will initiate a District plan
check for water improvements.
17) X The applicant shall have all water facilities designed in accordance with the
District's Water Facilities Plan and the District’s Standard Specifications. All
design plans shall be prepared under the supervision of and stamped by a
Registered Civil Engineer licensed to practice in the State of California.
18) X The applicant’s water facilities (on-site) shall be District owned and
maintained.
19) X The applicant shall be required to conduct flow tests at their cost in the
event the Orange County Fire Authority requires a flow test. A District
representative shall be present to witness the flow test.
20) X The applicant shall comply with all additional District requirements, relative
to the fire protection system, fire hydrant construction and fire hydrant
locations.
Page 3 of 5
NAME OF APPLICANT: YL WEST ESTATES, LLC.
LOCATION OF PROJECT: 16941 Nightingale Lane, Yorba Linda CA 92886
21) The applicant shall install one (1) water Sampling Station(s) in conformance
with the District’s Standard Plans.
22) X The applicant shall provide a completed Surety Bond for the water facilities
prior to the District signing the Water Improvement Plans. The applicant
shall also provide to the District an estimate of the construction costs of the
proposed water facilities.
23) X The applicant shall install the curb and gutters a minimum of one week prior
to the installation of the water main and services.
24) X All existing water services that are not useable in the new plan shall be cut
and plugged at the main line.
25) X The applicant shall coordinate through the District all connections of new
water facilities to the existing District facilities.
26) X The applicant shall provide a written copy of the Bacteriological Report prior
to occupancy releases certifying that the water meets the Health
Department's requirements.
27) X The applicant shall adjust and raise to grade all valve covers within the
limits of this project.
28) X The applicant shall install a pressure regulator in all dwellings that have
over 80 p.s.i. static water pressure in accordance with the appropriate
building codes.
29) X The applicant shall complete a Temporary Water Permit for all water that
will be used through the new water services to serve the new dwellings.
30) X The applicant shall install a District approved backflow device in connection
with any private fire suppression sprinkler facilities that may be required by
the Orange County Fire Authority or fire agency having jurisdiction.
31) X The applicant shall install a reduced pressure principle backflow prevention
device on all commercial buildings and landscape services.
32) X The applicant shall install and provide a written test report to the District for
each backflow device certifying that the backflow devices are operating
properly prior to the water meters being turned on for service.
33) X The applicant shall install and provide a written test report to the District
certifying that the double check detector assembly is operating properly
prior to the double check detector assembly being turned on for service.
34) X The applicant shall provide an annual written test report to the District
certifying that the backflow devices and fire detector assemblies are
operating properly pursuant to the District’s Backflow Prevention Program
Page 4 of 5
NAME OF APPLICANT: YL WEST ESTATES, LLC.
LOCATION OF PROJECT: 16941 Nightingale Lane, Yorba Linda CA 92886
and the State of California Administrative Code, Title 17, Public Health
Rules and Regulations Relating to Cross-Connections.
35) The applicant shall complete a Sewer Connection Application and Permit
for Sewer Service.
36) X The applicant shall complete an Application to and Agreement for Sewer
Service.
37) X The applicant shall comply with the Rules and Regulations of the Yorba
Linda Water District with regard to the Rendition of Sanitary Sewer Service.
38) X The applicant shall pay all of the sewer fees as required by the Rules and
Regulations of the District.
39) X The applicant shall have all sewer facilities designed in accordance with the
District's Sewer Master Plan and Standard Specifications. All design plans
shall be prepared under the supervision of and stamped by a Registered
Civil Engineer licensed to practice in the State of California.
40) X The applicant shall provide a completed Surety Bond for the sewer facilities
prior to the District signing the Sewer Improvement Plans. The applicant
shall also provide to the District an estimate of the construction costs of the
proposed sewer facilities.
41) X The applicant’s sewer facilities (on-site) shall be Privately owned and
maintained.
42) X The applicant shall construct a sewer main and appurtenances in
conformance with the approved plans and the District’s Plans and
Specifications.
43) X The applicant shall adjust and raise to grade all sewer manhole covers
within the limits of this project.
44) X The applicant shall install a sewer backflow prevention valve on all sewer
service connections in which the pad elevations of the property being
served is lower than the rim elevation of the upstream manhole. Installation
of the backflow device shall comply with all requirements of the Building
and Plumbing Codes of the appropriate agency having jurisdiction.
45) X The applicant shall submit a video inspection report of their sewer project in
DVD format. The video of the sewer facilities shall be conducted in the
presence of the District inspector, which will include stationing locations of
manholes, cleanouts, wyes, laterals, backflow devices and appurtenances.
(END OF STANDARD TERMS AND CONDITIONS)
Page 5 of 5
NAME OF APPLICANT: YL WEST ESTATES, LLC.
LOCATION OF PROJECT: 16941 Nightingale Lane, Yorba Linda CA 92886
PROJECT SPECIFIC TERMS AND CONDITIONS
46) X The applicant shall extend the public water system to connect to an existing
water main in Nightingale Lane.
47) X The applicant shall construct approximately 230 linear feet of 8-inch sewer
main, one manhole, one clean out and four sewer laterals.
I hereby certify that the foregoing Terms and Conditions were approved at the September
22, 2016 Regular Meeting of the Board of Directors of the Yorba Linda Water District.
The approved Terms and Conditions shall become void six (6) months from the approval
date if a formal Application To and Agreement with the Yorba Linda W ater District for
Water and Sewer Service is not executed for the project under consideration.
Marc Marcantonio, General Manager
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PREPARED BY: EXHIBIT SCALE:
WATER & SEWER IMPROVEMENTS N.T.S.
YORBA LINDA WATER DISTRICT DATE:
FOR
El 1717 E. MIRALOMA AVENUE YL WEST ESTATES, LLC. 9/22/2016
PLACENTIA, CALIFORNIA 92870 PARCEL MAP NO. 2016-131 FILENAME:
(714) 701-3100 16941 NIGHTINGALE LANE, YORBA LINDA J-2016-12
ITEM NO. 8.1
AGENDA REPORT
Meeting Date: September 22, 2016 Budgeted:Yes
To:Board of Directors Cost Estimate:N/A
Funding Source:All Water Funds
From:Marc Marcantonio, General
Manager
Presented By:Steve Conklin, Engineering
Manager
Dept:Engineering
Reviewed by Legal:N/A
Prepared By:Alex Thomas, Water Quality
Engineer
CEQA Compliance:N/A
Subject:2016 Public Health Goals Report
SUMMARY:
On August 11, 2016 the Board of Directors approved the final draft of the 2016 Public Health Goals
Report, authorized staff to notify the public of its availability for review and comment, and directed
staff to schedule a Public Hearing to respond or accept public comments at a Board meeting
scheduled for September 22, 2016. The District's Water Quality Engineer will provide a presentation
to the Board on this matter.
STAFF RECOMMENDATION:
That the Board of Directors conduct a public hearing to accept and respond to public comment, and
receive and file the 2016 Public Health Goals Report.
DISCUSSION:
California Code of Regulations' Health and Safety Code Section 116470 (b) mandates that the
District, as an agency with more than 10,000 service connections, prepare a Public Health Goals
Report commencing July 1, 1998 and thereafter, every three years if any water quality
measurements exceed any Public Health Goal levels or Maximum Contaminant Level Goal levels.
The law requires the Public Health Goals Report to address substances in the water that are above
Public Health Goals (PHGs) levels established by the California Office of Environmental Health
Hazard Assessment (OEHHA). For substances where OEHHA has not set a PHG, the United
States Environmental Protection Agency Maximum Contaminant Level Goals (MCLGs) apply. PHGs
and MCLGs are not enforceable standards and no action to meet them is required.
Only five (5) water constituents (total coliform, copper, arsenic, uranium and gross alpha) were
detected that exceeded their PHGs and MCLGs. It should be noted that none of the water
constituents detected exceeded the enforceable drinking water standards.
The law also requires the governing Board to officially accept the Public Health Goals report, notify
the public of its availability for review and hold a public hearing to respond to and/or accept public
comments.
A Notice of Public Hearing was published in the Orange County Register on August 25, 2016 and
September 1, 2016 to announce the Public Hearing on September 22, 2016. Hard copies of the
Draft Public Health Goals Report were made available at District Headquarters. Additionally, an
electronic copy of the Draft Public Health Goals Report was made available on the District website.
PRIOR RELEVANT BOARD ACTION(S):
On August 11, 2016 the Board of Directors approved the final draft of the 2016 Public Health Goals
Report, authorized staff to notify the public of its availability for review and comment and directed
staff to schedule a Public Hearing to respond or accept public comments at a Board meeting
scheduled for September 22, 2016.
ATTACHMENTS:
Name:Description:Type:
DRAFT_2016_Public_Health_Goals_Report.pdf Backup Material Backup Material
Presentation.pdf Backup Material Distributed Less Than 72 Hours Prior to
the Meeting Presentation
orba Linda
ater District
PUBLIC HEALTH
GOALS REPORT
J r
Board of Directors
Ric Collett, President
` Michael J. Beverage,Vice President
Gary T. Melton, Director
Phil Hawkins, Director
Robert R. Kiley, Director
i
General Manager
Marc Marcantonio
June 2016
Yorba Linda Water District 1717 E. Miraloma Ave., Placentia, CA 92870
714.701.3000 1 www.ylwd.com
2016 Public Health Goals Report 2 June 2016
Background
Provisions of the California Health and Safety Code Section 116470 (b) specify that
water utilities with more than 10,000 connections prepare a special report by July 1,
2016 if their water quality measurements have exceeded any Public Health Goals
(PHGs). PHGs are non-enforceable goals established by the California Environmental
Protection Agency’s (Cal-EPA) Office of Environmental Health Hazard Assessment
(OEHHA). The law also requires that where OEHHA has not adopted a PHG for a
constituent, the water suppliers are to use the Maximum Contaminant Level Goals
(MCLGs) adopted by the United States Environmental Protection Agency (USEPA). Only
constituents which have a California primary drinking water standard and for which
either a PHG or MCLG has been set are to be addressed.
There are a few constituents that are routinely detected in water systems at levels
usually well below the drinking water standards for which no PHG nor MCLG has yet
been adopted by OEHHA or USEPA including Total Trihalomethanes. These will be
addressed in a future required report after a PHG has been adopted.
If a constituent was detected in the District’s water supply between 2013 and 2015 at a
level exceeding an applicable PHG or MCLG, this report provides the information
required by the law. Included is the numerical health risk associated with the MCL and
the PHG or MCLG, the category or type of risk to health that could be associated with
each constituent, the best treatment technology available that could be used to reduce
the constituent level, and an estimate of the cost to install, operate and maintain that
treatment if it is appropriate or feasible.
Public Health Goals and Drinking Water Standards
To help keep drinking water safe, the California Legislature passed the Calderon-Sher
Safe Drinking Water Act of 1996. This law requires the State Water Resources Control
Board Division of Drinking Water (SWRCB-DDW) to regularly test drinking water supplies
and set drinking water standards known as the Maximum Contaminant Levels (MCLs).
The Act also requires the Office of Environmental Health Hazard Assessment (OEHHA) to
develop Public Health Goals for contaminants in California’s publicly supplied drinking
water. Public water utilities with more than 10,000 service connections are required to
prepare a Public Health Goals report starting July 1, 1998 and every three years
thereafter if any water quality measurements exceed any of the OEHHA’s Public Health
Goals (PHGs) or USEPA’s Maximum Contaminant Level Goals (MCLGs).
2016 Public Health Goals Report 3 June 2016
What is a Public Health Goal?
A PHG is the level of a chemical contaminant in drinking water that does not pose a
significant risk to health. PHGs are not regulatory standards; however, state law requires
SWRCB-DDW to set drinking water standards for chemical contaminants as close to the
corresponding PHG as is economically and technically feasible.
In some cases, it may not be feasible for SWRCB-DDW to set the drinking water standard
for a contaminant at the same level as the PHG. The technology to treat the chemicals
may not be available, or the cost of treatment may be very high. SWRCB-DDW must
consider these factors when developing a drinking water standard. Appendix 1 is a list of
California’s PHGs and Appendix 2 is a list of the Federal MCLGs. Included in the
appendices are the test results for YLWD for the years 2013-2015.
If a constituent was detected in the District’s water supply from years 2013 to 2015 at a
level exceeding an applicable PHG or MCLG, this report provides the information
required by law. Also included in this report is the numerical public health risk
associated with the PHG and/or MCLG, the category or type of risk to health that could
be associated with the constituent, the best treatment technology available that could
be used to reduce the constituent level, and an estimate of the cost to install that
treatment, if appropriate and feasible.
The purpose of the law is to give water system customers access to information on
levels of contaminants even below the enforceable mandatory drinking water standard
known as Maximum Contaminant Levels (MCLs). In addition, the law intends to provide
an idea of the cost to totally eliminate any trace of the contaminant from drinking water
regardless of how minimal the risk might be. This required report is unique to
California.
How does OEHHA Establish a Public Health Goal?
The process for establishing a PHG for a chemical contaminant in drinking water is very
rigorous. OEHHA scientists first compile all relevant scientific information available,
which includes studies of the chemical’s effect on laboratory animals and studies of
humans who have been exposed to the chemical. The scientists use data from these
studies to perform a health risk assessment, in which they determine the levels of the
contaminant in drinking water that could be associated with various adverse health
effects. In performing the health risk assessment, OEHHA considers the following
factors:
2016 Public Health Goals Report 4 June 2016
PHGs Set at Levels That
Protect Human Health
For carcinogens, OEHHA
establishes the PHG at the
“one-in-one-million” risk
level. At that level, not more
than one person in a
population of one million
people drinking 2 liters of
water daily for 70 years
would be expected to
develop cancer as a result of
exposure to that chemical
through drinking water.
For chemicals that cause
health effects other than
cancer, OEHHA sets the PHG
at a level that is not expected
to cause any toxic effects,
including birth defects and
chronic illness.
· Certain groups of people, such as pregnant women, young children, the elderly
or persons with pre-existing illnesses, who may be especially susceptible to the
chemical’s adverse effects. The PHG must consider health effects on individuals
in these groups.
· Accumulated effects of exposure to the chemical from other sources, such as
food, air and soil; as well as and other forms of drinking water, such as
showering.
· The chemical’s potential to interfere with bodily functions in a way that
increases the risk of chronic health problems, such as liver damage.
· Possible synergistic effects from the combined exposure to the chemical in
question with other chemicals, which may further
increase health risks.
When calculating a PHG, OEHHA uses all the information it has
compiled to identify the level of the chemical in drinking water
that would not cause significant adverse health effects in
people who drink that water every day for 70 years. OEHHA
assumes that an adult will drink two liters of water per day and
a child will drink one liter per day. OEHHA must also consider
any evidence of immediate and severe health effects when
setting the PHG.
Water Quality Data Considered
All of the water quality data collected by the District in the
years 2013, 2014, and 2015 for purposes of determining
compliance with drinking water standards were considered.
This data was also summarized in the District’s latest 2016
Annual Water Quality Report, also known as Consumer
Confidence Report available on the District’s website.
Guidelines Followed
The Association of California Water Agencies (ACWA) formed a
workgroup which prepared guidelines for water utilities to use
in preparing these newly required reports. The ACWA
guidelines were used in preparation of this report. No guidance
was available from state regulatory agencies.
2016 Public Health Goals Report 5 June 2016
Best Available Treatment Technologies and Cost Estimates
Both the USEPA and SWRCB-DDW adopted what are known as Best Available
Technologies (BATs). BATs are the best known methods of reducing contaminant levels
to below MCL. Costs can be estimated for such technologies. However, since many
PHGs and all MCLGs are set much lower than the MCL, it is not always possible or
feasible to determine what treatment is needed to further reduce a constituent
downward to or near the PHG or MCLG, many of which are set at zero. Estimating costs
to reduce a constituent to zero is difficult, if not impossible, to verify by analytical
means that the level has been lowered to zero. Additionally, in some cases, installing
treatment to try and further reduce very low levels of one constituent may have adverse
effects on other aspects of water quality.
Constituents Detected That Exceed a PHG or MCLG
The following is a discussion of the constituents that were detected in the District’s
drinking water sources and water distributions system above the PHG, or if no PHG,
above the MCLG.
Total Coliform Bacteria
Total coliform (TC) bacteria are indicator organisms that indicate a potential microbial
water quality problem that requires confirmation follow-up sampling, testing, and
investigation. When the District receives a positive TC result from the contract
laboratory, a repeat sample set is immediately taken for a retest. In addition, the
disinfection procedures are reviewed and the sample collection site and the adjacent
section of the water distribution system are analyzed.
The MCLG for total coliform (TC) bacteria is zero percent (0%) of samples with
presence of coliform per month. The MCL for TC is not to exceed five percent (5%)
of positive or coliform-presence samples per month.
During the years 2013, 2014, 2015, combined staff and an independent certified testing
laboratory collected and analyzed from the District’s water distribution system an
average of 161 TC samples each month, for a total of 5827 samples over the last three
years.
From these 5827 samples, there were 6 which tested positive for TC. This equates to a 3-
year average monthly percentage of TC positive samples of 0.1%, which exceeds the
MCLG of zero percent (0%).
2016 Public Health Goals Report 6 June 2016
Factors that can produce positive TC test besides degraded water quality include, but are
not limited to, the weather and environmental conditions when samples are taken, and the
human factor associated with the collection methods, handling, and test procedures. All
repeat samples taken as a result of a positive TC samples were negative.
Numerical Health Risks
Because total coliform is only a surrogate indicator of the potential presence of
pathogens, it is not possible to state a specific numerical public health risk. While USEPA
normally sets MCLGs “at a level where no known or anticipated adverse effects on
persons would occur”, they indicate that they cannot do so with coliforms.
Category of Risk to Public Health
The SWRCB-DDW has determined that the presence of TC bacteria is a possible health
concern. TCs are common in the environment and are generally not harmful
themselves. State of California Health and Safety Code Section 64470(a) states: “The
presence of these bacteria in drinking water, however, generally is a result of a problem
with water treatment or the pipes which distribute the water, and indicates that the
water may be contaminated with organisms that can cause disease. Disease symptoms
may include diarrhea, cramps, nausea, and possibly jaundice, and any associated
headaches and fatigue. These symptoms, however are not just associated with disease
causing organisms in drinking water, but may also be caused by a number of factors
other than your drinking water.”
Best Available Technology to Remove or Reduce the Presence of Total Coliform
The addition of disinfectants to the drinking water is the best available technology to
eliminate or reduce the presence of TC. The District disinfects with and monitors
chlorine levels at our sources and within the water system to assure that the water
served is microbiologically safe. The chlorine residual levels are carefully controlled to
provide the best health protection without causing the water to have undesirable taste
and odor or increasing the disinfection by-product level. This careful balance of
treatment processes is essential to continue supplying our customers with safe drinking
water. In addition, the District also has an effective cross-connection program,
maintains positive pipeline pressures, and, conducts a regular flushing program for
water distribution system dead-end mains. The District has already taken necessary
steps associated with best management practices and the best available technology for
the prevention and control of TC in our water distribution system.
Cost to Reduce the Level of Total Coliform to a Level at or below the MCLG
Since we are applying a disinfectant and conducting a thorough effort to eliminate and
2016 Public Health Goals Report 7 June 2016
prevent the presence of TC, it is not prudent to initiate additional treatment as proper
disinfection and frequent flushing programs have proven to be effective methods in
destroying possible TC contamination, therefore no estimate of cost has been included.
Copper
The District’s well water and import water sources do not contain copper. Copper found
inside homes is a chemical reaction of the District’s water with household plumbing
fixtures containing copper and brass.
There is no Maximum Contaminant Level for copper. United States Environmental
Protection Agency and the SWRCB-DDW Notification Level for copper is 1.3 milligrams
per liter. The notification level for copper is measured at the 90th percentile of all
samples taken from plumbing fixtures inside the customer’s home. Lead and Copper
tests are conducted once every 3 years as required by SWRCB-DDW.
The California Office of Environmental Health Hazard Assessment has established a
Public Health Goal of 0.17 milligrams per liter. The District’s 90th percentile of all
samples taken from inside the customers’ houses in 2015 sampling for copper is 0.50
milligrams per liter.
Category of Risk to Public Health
The Office of Environmental Health Hazard Assessment and the SWRCB-DDW have
determined the following risk for copper:
“Based on human data, the health risk category for copper is acute toxicity.
Acute toxicity is adverse health effects that develop after a short-term exposure
to copper. Short term exposure to high levels of copper can temporarily cause
problems in the gastrointestinal system.”
Numerical Health Risks
The Office of Environmental Health Hazard Assessment has determined that, in the case
of copper, there is no numerical public health risk associated with the Public Health
Goal. Numerical public health risks are not calculated for chemicals considered non-
cancer causing.
Best Available Technology
Both the U.S. Environmental Protection Agency and SWRCB-DDW adopt what are
known as Best Available Technologies which are the best-known methods of reducing
contaminant levels to the Maximum Contaminant Level. Since many of the Public
Health Goals and Maximum Contaminant Level Goals are set much lower than the
2016 Public Health Goals Report 8 June 2016
Maximum Contaminant Level, it is not always possible or feasible to determine what
treatment is needed to further reduce a substance to or near the Public Health Goal or
Maximum Contaminant Level Goal.
Similar to lead, optimizing corrosion control is the best available technology to reduce
the level of copper in drinking water. This is achieved through effectively adjusting and
maintaining alkalinity, pH, and calcium hardness, and the addition of phosphate or silica-
based corrosion inhibitors, or a combination of all. Optimizing corrosion control also
includes an intensive process of collection and analyses of water quality data to
determine the effectiveness of corrosion control.
Arsenic
Arsenic is a naturally occurring element in the earth's crust and is very widely
distributed in the environment. All humans are exposed to small quantities of arsenic
(inorganic and organic) largely from food and to a lesser degree from drinking water and
air. Some edible seafood may contain higher concentrations of arsenic which is
predominantly in less acutely toxic organic forms.
YLWD’s Well No. 15 slightly exceeds the 10 parts per billion (ppb) arsenic primary
drinking water standard, the MCL. Currently, Well No. 15’s 3-year average arsenic level
is approximately 9.93 ppb. Other District wells have an average 2.37 ppb arsenic level.
Whenever in operation, staff blends Well 15 water with other District wells in
compliance with SWRCB-DDW approved blending plan. Blended well water served to
our customers have an arsenic level of about 2.4 ppb, which is well below the current
not-to-exceed level of 10 ppb arsenic MCL.
The California Office of Environmental Health Hazard Assessment has established a
Public Health Goal of 0.004 micrograms per liter or parts per billion (ppb).
Category of Risk to Public Health
The Office of Environmental Health Hazard Assessment has determined arsenic as a
carcinogen.
Numerical Health Risks
The Office of Environmental Health Hazard Assessment has a numerical cancer risk of
1 x 10-6 for the 0.004 ppb PHG, and 1 in four hundred for the EPA Maximum
Contaminant Level of 10 ppb. Note that, as previously described, cancer risk for public
health goals is stated in terms of excess cancer per million (or fewer) population. The
value of 1 x 10-6 means no more than 1 person out of 1 million people is expected to get
2016 Public Health Goals Report 9 June 2016
cancer from drinking two liters of drinking water a day containing Arsenic levels just
above the Public Health Goal for 70 years.
Best Available Technology to Remove or Reduce the Concentration of Arsenic and
Approximate Treatment Cost
Activated alumina, ion exchange, reverse osmosis, lime softening, coagulation/filtration
are the water treatment technologies available for achieving compliance with the MCL
for arsenic.
It would cost the District approximately $7.2 million dollars in annualized capital, and
operations and maintenance costs to reduce the arsenic levels of all its well water to the
PHG level of 0.004 ppb using ion exchange treatment technology.* This would result in
an average monthly increase of $24.15 to customer bills.
* based on the 2011 cost to Coachella Valley Water District, for GW, to reduce Arsenic
concentrations and indexed to 2015 cost.
Uranium
Naturally occurring uranium is found in groundwater supplies as a result of leaching
from uranium-bearing sandstone, shale, and other rock formations. Uranium may also
be present in surface water, carried through runoff from areas with mining operations.
The Public Health Goal for uranium is 0.43 pico-Curies per liter (pCi/L), and the
Maximum Contaminant Level (MCL) is 20 pCi/L. The District’s average uranium level is
5.95 pCi/L. The levels detected were below MCL at all times.
Category of Risk to Public Health
The Office of Environmental Health Hazard Assessment has determined uranium as a
carcinogen.
Numerical Health Risks
The Office of Environmental Health Hazard Assessment has a numerical cancer risk of
1 x 10-6 for the 0.43 pCi/L PHG, and 1 for every two thousand people per the SWRCB-
DDW Maximum Contaminant Level of 20 pCi/L.
2016 Public Health Goals Report 10 June 2016
Best Available Technology to Remove or Reduce the Concentration of Uranium and
Approximate Treatment Cost
Ion exchange, reverse osmosis, lime softening, coagulation/filtration are the
technologies available for achieving compliance with the MCL for uranium. Using
reverse osmosis, it would cost the District about $6.7 million dollars in annualized
capital, and operation and maintenance cost to achieve the PHG level.** This would
result in an average monthly increase of $22.82 to customer bills.
** based on the reverse osmosis Removal Study, City of Scottsdale, AZ – CH2MHill, for a
10.0 mgd plant operated at 100% of design capacity, Oct. 1991 dollars indexed to 2015.
Gross Alpha
Radionuclides such as alpha in water supplies are from erosion of natural deposits. The
term radionuclide refers to naturally occurring elemental radium, radon, uranium, and
thorium with unstable atomic nuclei that spontaneously decay producing ionizing
radiation. Gross alpha is defined as the sum total of these radionuclides. Exposure to
ionizing radiation in concentrations exceeding the maximum contaminant level may
have carcinogenic (cancer causing), mutagenic (causing mutation of cells) or teratogenic
(causing abnormalities in offspring) effects.
The EPA’s Maximum Contaminant Level Goal (MCLG) for gross alpha particle is 0 and
the California Maximum Contaminant Level (MCL) is 15 pCi/L. The District’s average
level of gross alpha is 4.22 pCi/L. The levels detected were below MCL at all times.
Category of Risk to Public Health
Health risk category based on experimental animal testing data evaluated in the U.S.
EPA MCLG document and California MCL has determined gross alpha particle as a
carcinogen.
Numerical Health Risks
The USEPA’s MCLG for Gross Alpha is zero (0) and a cancer risk of 1 for every one
thousand people for the SWRCB-DDW Maximum Contaminant Level of 15 pCi/L.
2016 Public Health Goals Report 11 June 2016
Yorba Linda Water District
meets 100% of all
enforceable drinking water
standards from the
SWRCB-DDW and the
United State
Environmental Protection
Agency.
Best Available Technology to Remove or Reduce the Concentration of Gross Alpha
Particles and Approximate Treatment Cost
Similar to uranium, reverse osmosis, lime softening, and coagulation/filtration are the
water treatment technologies available for achieving compliance with the MCLG for
gross alpha. Removal and reduction could be achieved concurrently with uranium.
Conclusion:
Drinking water provided by the Yorba Linda Water District meets 100% of all enforceable
State of California, SWRCB-DDW, and United States Environmental Protection Agency
primary drinking water standards.
The District also meets 97% of all the California Public Health Goals and 93% of the
Federal Maximum Contaminant Level Goals. Public Health Goal levels are not
enforceable water quality standards, and no action to meet them is mandated.
For total coliform bacteria, the staff does not recommend further action. The District
has already taken all steps associated with the best available technology and multi-
barrier approach for control and occurrence prevention of total coliform bacteria
including an effective cross-connection program, maintenance and monitoring of proper
disinfectant levels, regular water quality monitoring of wells and reservoirs, source water
protection, and maintenance of positive pipeline pressures throughout the distribution
system.
For copper, the District already has optimized
corrosion control, and the District’s water has been
found to be non-corrosive. Staff does not recommend
undertaking additional corrosion control efforts. It is
not recommended for two reasons: 1) the USEPA and
SWRCB-DDW classified the District’s system as having
optimized corrosion control, and 2) adding chemicals
for more corrosion control will cause other water
quality problems. These could reduce the effectiveness
of the current disinfection process which could increase the presence of total coliforms.
In addition, contributing factors such as type and age of plumbing and plumbing fixtures,
point-of-use and point-of-entry water treatment devices, and electro-chemical-induced
pipe corrosion could change the water chemistry in customers’ taps, thus increasing
water copper content.
2016 Public Health Goals Report 12 June 2016
For arsenic, the SWRCB-DDW approved the District’s blending plan and performance
requirements are being met to keep the level of arsenic below the enforceable standard.
Providing additional treatment for 100% removal to meet the PHG would be cost-
prohibitive.
For uranium and gross alpha particle, current methods of removal and disposal
technologies do not provide complete reduction to meet the level of the public health
goals at this time. In the future, if available removal technology can be achieved, the
District will explore and conduct the necessary studies and related costs to implement.
In summary, the drinking water served by the Yorba Linda Water District meets all
Federal and State drinking water standards set to protect public health. To further
reduce the levels of constituents identified in this report that are already significantly
below the health-based Maximum Contaminant Levels would require significant financial
investment. The effectiveness of the treatment processes to provide any significant
reduction in constituent levels at already low values is uncertain. The health protection
benefits of these hypothetical reductions are not clear and may not be quantifiable.
Furthermore, the funds that would be required for the additional treatment,
approximately $13.9 million in annualized cost, might provide greater public health
protection benefits to the District’s customers if spent on improving other water system
operation, surveillance, and monitoring programs.
2016 Public Health Goals Report 13 June 2016
APPENDICES
2016 Public Health Goals Report 14 June 2016
Appendix 1
State of California Public Health Goals (PHGs)
Comparison with YLWD Water Quality
(Units are in milligrams per liter (mg/L), unless otherwise noted)
Constituent MCL State PHG
or MCLG
YLWD Test
Results
Imported Water
Results
Organic Chemicals – 22 CCR § 64444
Alachlor 0.002 0.004 ND ND
Atrazine 0.001 0.00015 ND ND
Bentazon 0.018 0.2 ND ND
Benzene 0.001 0.00015 ND ND
Benzo (a) pyrene 0.0002 0.000007 ND ND
Carbofuran 0.018 0.0017 ND ND
Carbon Tetrachloride 0.0005 0.0001 ND ND
Chlordane 0.0001 0.00003 ND ND
Chloro-ethylene (Vinyl Chloride) 0.0005 0.00005 ND ND
Cis-1,2-Dichloroethylene 0.006 0.1 ND ND
2,4-Dichlorophenoxyacetic acid (2,4-D) 0.07 0.02 ND ND
Dalapon 0.2 0.79 ND ND
Dibromochloropropane (DBCP) 0.0002 0.000007 ND ND
1,2-Dichlorobenzene (ortho) 0.6 0.6 ND ND
1,4-Dichlorobenzene (Para) 0.005 0.006 ND ND
1,1-Dichloroethane (1,1-DCA) 0.005 0.003 ND ND
1,2-Dichloroethane (1,2-DCA) 0.0005 0.0004 ND ND
2016 Public Health Goals Report 15 June 2016
Constituent MCL State PHG
or MCLG
YLWD Test
Results
Imported Water
Results
1,1-Dichloroethene (1,1-DCE) 0.006 0.01 ND ND
Dichloromethane 0.005 0.004 ND ND
1,2-Dichloropropane 0.005 0.0005 ND ND
1,3-Dichloropropene 0.0005 0.0002 ND ND
Di (2-ethylhexyl) adipate 0.4 0.2 ND ND
Di (2-ethylhexyl) pthalate (DEHP) 0.004 0.012 ND ND
Dinoseb 0.007 0.014 ND ND
Diquat 0.02 0.015 ND ND
Endothall 0.1 0.58 ND ND
Endrin 0.002 0.0018 ND ND
Ethylbenzene 0.3 0.3 ND ND
Ethylbenzene Dibromide (EDB) 0.00005 0.00001 ND ND
Glyphosate 0.7 1 ND ND
Heptachlor 0.00001 0.000008 ND ND
Heptachlor Epoxide 0.00001 0.000006 ND ND
Hexachlorobenzene 0.001 0.00003 ND ND
Hexachlorocyclopentadiene 0.05 0.05 ND ND
Lindane 0.0002 0.000032 ND ND
Methoxychlor 0.03 0.03 ND ND
Methyl Tertiary Butyl Ether (MTBE) 0.013 0.013 ND ND
Monochlorobenzene 0.07 0.2 ND ND
2016 Public Health Goals Report 16 June 2016
Constituent MCL State PHG
or MCLG
YLWD Test
Results
Imported Water
Results
Oxamyl 0.05 0.05 ND ND
Pentachlorophenol (PCP) 0.001 0.0004 ND ND
Picloram 0.5 0.5 ND3 ND
Silvex (2,4,5-TP) 0.05 0.025 ND ND
Simazine 0.004 0.004 ND ND
1,1,2,2-Tetrachloroethane 0.001 0.0001 ND ND
Tetrachloroethylene (PCE) 0.005 0.0006 ND ND
Thiobencarb 0.07 0.07 ND ND
Toluene 0.15 0.15 ND ND
Toxaphene 0.003 0.00003 ND ND
Trans-1,2-Dichloroethylene 0.01 0.06 ND ND
1,2,4-Trichlorobenzene 0.005 0.005 ND ND
1,1,1-Trichloroethane (1,1,1-TCA) 0.2 1.0 ND ND
1,1,2-Trichloroethane (1,1,2-TCA) 0.005 0.0003 ND ND
Trichloroethylene (TCE) 0.005 0.0008 ND ND
Trichlorofluoromethane (Freon 11) 0.15 0.7 ND ND
Trichlorotrifluoroethane (Freon 113) 1.2 4 ND ND
Xylenes (sum of isomers) 1.75 1.8 ND ND
Inorganic Chemicals – 22 CCR § 64431
Aluminum 1 0.60 0.004 ND
Antimony 0.006 0.02 ND ND
2016 Public Health Goals Report 17 June 2016
Constituent MCL State PHG
or MCLG
YLWD Test
Results
Imported Water
Results
Arsenic 0.01 0.000004 0.0024 ND
Barium 1 2 ND ND
Beryllium 0.004 0.0001 ND ND
Cadmium 0.005 0.00004 ND ND
Copper (customer’s tap: 90th percentile)5 1.3 0.17 0.50 ND
Cyanide 0.15 0.15 ND ND
Fluoride 1.4 to 2.4 1 0.4 0.15
Lead (at-the-tap: 90th percentile) 0.015 0.002 ND ND
Mercury 0.002 0.0012 ND ND
Nickel 0.1 0.012 ND ND
Nitrate as Nitrate 45 45 14 2
Nitrite as Nitrogen 1 1 ND ND
Thallium 0.002 0.0001 ND ND
Radiological Chemicals – 22 CCR § 64441 and 64443
Uranium6 20 0.43 5.95 2.0
Abbreviations:
1. MCL – Maximum Contaminant Level
2. MCLG – Maximum Contaminant Level Goal
3. ND – Not Detected
4. YLWD – Yorba Linda Water District (Groundwater Source)
Notes:
1. PHG – Public Health Goals, established by the California Office of Environmental Health Hazard
Assessment. PHGs are the estimated levels of substances in drinking water that pose no significant health
2016 Public Health Goals Report 18 June 2016
risks to individuals including the most sensitive sub-populations, consuming 2 liters of water daily over a
period of 70 years.
2. MCLs are enforceable standards established by the SWRCB-DDW and the U.S. Environmental Protection
Agency. For lead and copper, Notification Levels are listed.
3. Data shown in Orange indicates exceeding PHG levels, but is well below the health-based MCLs.
4. mg/L – milligrams per liter (equivalent to parts per million)
5. 90th percentile – the lead or copper level at the 90th percent of all samples collected and arranged in an
increasing order in accordance with the guidelines established by the Federal and State Lead and Copper
Rule. These samples were collected inside at homeowner’s taps.
6. All units pCi/L, Pico Curies per Liter (0.9 pCi = 1 microgram)
2016 Public Health Goals Report 19 June 2016
Appendix 2
Federal Maximum Contaminant Level Goals (MCLGs)
Comparison with YLWD Water Quality
(Units are in milligrams per liter (mg/L), unless otherwise noted
Constituent MCL State
PHG or
MCLG
YLWD Test
Results
Imported
Water
Results
Organic Chemicals
Acrylamide TT9 0 ND ND
Bromate 0.01 0 ND ND
Chlorite 1 0.8 ND ND
Dioxin (2,3,7,8 – TCDD) 3 x 10-8 0 ND ND
Epichlorohydrin TT9 0 ND ND
Molinate 0.02 NS ND ND
Polychlorinated Biphenyls (PCBs) 0.0005 0 ND ND
Styrene 0.1 0.1 ND ND
Trihalomethanes, Total (TTHMs) 0.100 NS 0.054 0.054
Inorganic Chemicals
Asbestos, in fibers / liter 7 million 7 million waived by
SWRCB_DDW7
Not Required
Chromium (Total) 0.05 withdrawn ND ND
Selenium 0.05 0.05 ND ND
Microbiological
Coliform (% positive
samples/month)
5% zero 0.1%8 0.00%
Cryptosporidium TT9 zero NR ND
2016 Public Health Goals Report 20 June 2016
Constituent MCL State
PHG or
MCLG
YLWD Test
Results
Imported
Water
Results
Giardia Lamblia TT9 zero NR ND
Legionella TT9 zero NR NA
Viruses TT9 zero NR ND
Radiological11
Alpha Activity, Gross 15 010 4.22 1.0
Beta Activity, Gross 50 NS NR 4.13
Radium 226 & 228, Total 5 010 ND ND
Strontium 90 8 NS NR ND
Tritium 20,000 NS NR ND
Abbreviations:
1. MCL – Maximum Contaminant Level
2. MCLG – Maximum Contaminant Level Goal
3. ND – Not Detected
4. YLWD – Yorba Linda Water District (Groundwater Source)
5. SWRCB-DDW – State Water Resources Control Board Division of Drinking Water
Notes:
1. MCLGs – Maximum Contaminant Level Goals are estimates of levels of contaminants in drinking water, below which
there are no known or expected health risks. These levels are set by the United States Environmental Protection
Agency
2. Maximum Contaminant Levels are enforceable standards established by the SWRCB-DDW and the U.S. Environmental
Protection Agency
3. Data shown in Orange indicates exceeding PHG levels, but is well below the health-based MCLs.
4. mg/L – milligrams per liter (equivalent to parts per million)
5. NS – Not Set
6. NR – Not Required
7. Monitoring is waived by SWRCB-DDW because District water sources are not susceptible to asbestos contamination.
8. A 3 year average monthly percentage of TC Positive samples from 2013-2015
9. TT – Treatment Techniques are the water treatment processes and methods required by the SWRCB-DDW and
Environmental Protection Agency under the Surface Water Treatment Rule in lieu of establishing a Maximum
Contaminant Level. The processes and methods are intended to reduce and/or eliminate the contaminants in drinking
water.
10. Effective as of 12/08/03
11. All units pCi/L, Pico Curies per Liter (0.9 pCi = 1 microgram)
Presented By: Alex Thomas, P.E.
Water Quality Engineer
PUBLIC HEARING
2016 Public Health Goals Report
Board of Directors September 22, 2016
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
California Health & Safety Code requires:
Water utilities ≥ 10,000 connections
July 1, 1998, 2001, 2004, 2007, 2010, 2013, 2016
If WQ measurement exceed any PHGs.
Public Health Goal: Set by OEHHA
Theoretical level of chemical contaminant posing
no significant health risk in DW
Goal to achieve 1-in-1-million risk (2L/d for 70 yrs)
No cost or technology consideration
EPA sets MCLGs
Not a DW standard
Guideline to set drinking water standard
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
Constituent MCL/AL YLWD Results PHG or MCLG
Total Coliform 5%0.1%0
Copper 1.3 0.50 0.17
Arsenic 10 2.4 0.004
Uranium 20 5.95 0.43
Gross Alpha
Activity
15 4.22 0
Note: PHGs & MCLGs are not mandatory standards, and cost of treatment to meet them are prohibitive.
YLWD waters meet all State & Federal DW standards.
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
Public Health Goal is 0% Monthly Average
5827 samples collected
6 tested positive
0.1% monthly average
MCL is 5% positive in one month
Surrogate indicator
Gastrointestinal issues, headache &
fatigues
Best Available Technology to Remove TC
Maintain sanitary conditions
Disinfect Water
Continual Monitoring
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
Public Health Goal is 0.17 ppm
Lead and Copper Rule Sampling
90th Percentile reported 0.5 ppm
Not found in our source waters
Comes from service connections and
private plumbing
Action Level for copper is 1.3 ppm
Causes short-term Gastrointestinal issues
Best Available Technology to Remove Cu
Optimizing corrosion control
YLWD maintains non-corrosive water
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
Public Health Goal is 0.004 ppb
Naturally occurring element
YLWD Average is 2.4 ppb
MCL is 10 ppb
Cancer Risk
Best Available Technology to Remove AS
Activated alumina, ion exchange, reverse
osmosis, lime softening, coagulation/filtration
Estimated Treatment Cost
$7.2 Million in annual Capital and O&M
Additional $24.15/month to customer bills
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
Public Health Goal is 0.43 (pCi/L)
Naturally occurring element
YLWD Average is 5.95 pCi/L
MCL is 20 pCi/L
Cancer Risk
Best Available Technology to Remove U
Ion exchange, reverse osmosis, lime softening,
coagulation/filtration
Estimated Treatment Cost
$6.7 Million in annual Capital and O&M
Additional $22.82/month to customer bills
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
Maximum Contaminant Goal is 0 (pCi/L)
Naturally occurring elements
radium, radon and thorium
YLWD Average results are 4.22 pCi/L
MCL is 15 pCi/L
Cancer Risk & Mutagenic Risk
Best Available Technology to Remove GA
Ion exchange, reverse osmosis, lime softening,
coagulation/filtration
Estimated Treatment Cost (Same as U)
$6.7 Million in annual Capital and O&M
Additional ~$22.82/month to customer bills
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
For the years 2013-2015, YLWD met:
97% of all CA PHGs.
93% of Federal MCLGs
100 %of all Federal & State
Enforceable DW Standards.
YLWD Staff Recommendation
Do not pursue further treatment
Treatment techniques
Testing Techniques
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
Questions?
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
ITEM NO. 9.1
AGENDA REPORT
Meeting Date: September 22, 2016 Budgeted:Yes
To:Board of Directors
Funding Source:Water Capital
Reserves
From:Marc Marcantonio, General
Manager
Presented By:Steve Conklin, Engineering
Manager
Dept:Engineering
Reviewed by Legal:Yes
Prepared By:Steve Conklin, Engineering
Manager
CEQA Compliance:Pending
Subject:Election of Independent Special District of Orange County (ISDOC) Officers
STAFF RECOMMENDATION:
That the Board of Directors consider voting for candidates in this election.
DISCUSSION:
ISDOC is conducting a vote of Regular Special District Members for its election of officers. Currently,
there are two nominations per position. The names of candidates are listed on the attached ballot;
however, any elected or appointed official from a Regular Member District has the ability to run for an
officer position as a write-in candidate. If elected, a write-in candidate will need to provide a resolution
supporting election to the position from its District before he/she can be seated.
The Executive Committee meets at 7:30 a.m. on the first Tuesday of each month. Duties of elected
members are contained in the ISDOC bylaws (http://www.mwdoc.com/ISDOC). Each Regular
Member District in good standing is entitled to one vote. In accordance with current bylaws, the vote
must be cast by the District's presiding officer or an alternate selected by its Board of Directors.
Ballots must be received by 5:00 p.m. on Tuesday, September 27, 2016 in order to be counted. The
names of the elected officers will be announced at the quarterly meeting on September 29, 2016.
STRATEGIC PLAN:
SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with
adopted amendments
ATTACHMENTS:
Name:Description:Type:
ISDOC_Election.pdf Backup Material Backup Material
ISDOCRECEIVED
AUG 2 9 2016
me.e.,m.m sea+.i mu+n.m o��u�my
August 24, 2016 YORBA LINDA WATER DISTRICT
BY
Meilina Address
P.O.Box 28895 BE: Election of Independent Special District of Orange County(ISDOC)
Fountain Valley,CA 92728 Officers
Meeting Location Dear Member Districts,
MWDOCIOCWD
18788 Ward Street The nomination period for Executive Committee officer positions closed on August
Fountain Valley,CA 92708 19th.At this time,ISDOC is conducting a vote of Regular Special District Members for
(714)9633058 the election of officers. This letter serves as official notice of the election.
(714)964.5938/ax
The names of nominated candidates are printed on the ballot; however, any elected or
°PM .nnwdcc.cornrrsdcc appointed official from a Regular Member District has the ability to run for an officer
position as a write-in candidate. If elected, a write-in candidate will need to provide a
Executive Committoe resolution supporting election to the position from its District before he/she can be
seated.
President
Hon,Mike Scheeler The Executive Committee meets at 7:30 am on the first Tuesday of the month.
Cosh Mesa Sanitary District Meetings are open to the public. Duties of Executive Committee members are
1•,Vice President contained in the ISDOC bylaws, which may be found at the ISDOC website -
Hon.Jim Fisler httD://www.mwdoc.com/ISDOC.
Mesa Water Dismct
2-^Vice President Each Regular Member district in good standing shall be entitled to one vote. In
Hon.Saundra Jacobs accordance with current bylaws, the vote must be cast (signed) by the district's
sane Marganra waterolahict presiding officer or an alternate selected by the district board.
3-Vice President
Hon.Joel Rattner You may submit your ballot via mail or email to Heather Baez: P.O. Box 20895,
Rossmow/Los Alamitos Area Sewer Fountain Valley, CA 92728 (mail) or hbaez@mwdoc.com (email). Ballots must be
Disma received by 5:00 p.m. on Tuesday, September 27, 2016 in order to be counted.
Secretary Even if positions are uncontested, it is important to submit a ballot since a
Hon.Leslie Keane quorum of voting members is required for the election of officers.
Orange County Cemetery Oishict
Treasurer The names of officers elected will be announced at the September 29th quarterly
Han.Joan C.Finnegan meeting.
Municipal Water Disma o/
Orange county If you have any questions or wish to discuss the election process further,please contact
Immediate Past President Heather Baez(MWDOC)at hbaez@mwdoc.comor(714)593-5012.
Hon.Rich Forest!
Serrano water District
Sincerely,
Stat)Administration
Heather Baez
Municipal Water Mulct of Orange _Av
County �-
5 nt
Mike Scheafeq President
Independent Special Districts of Orange County
Enclosed: Ballot for ISDOC Election of Officers
Candidates' Statements
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY
ELECTION OF OFFICERS
The ISDOC Executive Committee consists of the President,First Vice President,Second Vice President,Third
Vice President, Secretary, Treasurer and Immediate Past President. Officers are elected in September of even
numbered years for two year terms. Please vote for one candidate per seat or you may elect to write in another
individual. If elected, however, write in candidates will need to provide a resolution from their Board
supporting their election before they can be seated.
The ISDOC bylaws indicate, "At the end of the nominating period if only one candidate is nominated for a
vacant seat,that candidate shall be deemed selected." This is the case for the Secretary and Treasurer positions,
therefore they are not on the ballot. Leslie Keane of the Orange County Cemetery District and Joan Finnegan
from the Municipal Water District of Orange County,respectfully, have been selected to these seats.
Cast vow Vote: Please cast your vote for the remaining seats by placing an "X"on the line next to the
individual for which you wish to vote in each position. If you are writing in a candidate, please include their
district affiliation and position. THE SIGNATURE PAGE IS ON THE REVERSE SIDE OF THE
BALLOT. IT MUST BE SIGNED BY YOUR VOTING REPRESENTATIVE IN ORDER TO BE
COUNTED.
President
Michael Schaefer, President or
Costa Mesa Sanitary District
James R. Fisler, Director
Mesa Water District
First Vice President(Programs)
Saundra F.Jacobs, Director or
Santa Margarita Water District
Arlene Schafer, Assistant Secretary
Costa Mesa Sanitary District
Second Vice President(Membership)
Doug Davert, President or
East Orange County Water District
Mark Monin, Director
EI Toro Water District
Third Vice President(Legislation)
Mary Aileen Matheis, President or
Irvine Ranch Water District
Dr. Allan Bernstein, President
Orange County Mosquito &Vector Control District
DISTRICT NAME
SIGNATURE OF VOTING REPRESENTATIVE
Ballots must be received no later than 5 p.m.September 27,2016.
You may return your ballot by mail or email to:
Heather Baez
P.O. Box 20895
Fountain Valley, CA 92728
Attention: ISDOC Executive Committee Election
OR Email: hbaez@mwdoc.com
It has been my honor to serve the member Districts of ISDOC,the Independent
Special Districts of Orange County, as President for the past two years. During
the past two years we have experienced unparalleled success in bringing ISDOC
into a prominent position in California Special Districts.
Under my leadership, ISDOC received the prestigious California Special Districts
Association (CSDA) Chapter of the Year for 2015. We have enhanced the social
media presence of ISDOC with our Facebook and newsletter. We continue to
work hard for our members in the area of State Special District legislative issues.
Personally I currently serve as the President of the Costa Mesa Sanitary District. I
am a board member forthe Special Districts Risk Management Authority and
serve on its Legislative Committee. I also serve on two CSDA committees
involving membership and education. Working with these two organizations has
given me a broad perspective of how various types of Special Districts work and
the challenges they individually face. I enjoy being a voice for Orange County
Special Districts on the state level,
I humbly ask for your support to re-elect me as President of ISDOC, I will continue
to represent you, the Independent Special Districts of Orange County in the way
you deserve. I look forward to continuing my service.
(Mtn Sc 104't=exL
ELECT MIKE SCHEAFER
ISDOC EXECUTIVE COMMITTEE PRESIDENT
Mike Scheafer—President
Costa Mesa Sanitary District
It has been my honor to serve the member Districts of ISDOC, the
Independent Special Districts of Orange County, as President for the
past two years. During the past two years we have experienced
unparalleled success in bringing ISDOC into a prominent position in
"terr' California Special Districts
Under my leadership, ISDOC received the prestigious California
Special Districts Association (CSDA) Chapter of the Year for 2015.
We have enhanced the social media presence of ISDOC with our
Facebook and newsletter. We continue to work hard for our members
�,. in the area of State Special District legislative issues.
Personally I currently serve as the President of the Costa Mesa Sanitary
District. I am a board member for the Special Districts Risk
PREVIOUS EXPERIENCE Management Authority and serve on its Legislative Committee. I also
SERVING SPECIAL DISTRICTS serve on two CSDA committees involving membership and education.
♦ ISDOC Executive Committee Working with these two organizations has given me a broad perspective
of how various types of Special Districts work and the challenges they
President individually face. I enjoy being a voice for Orange County Special
♦ ISDOC Executive Committee 2nd
Districts on the state level.
Vice President
♦ SDRMA Board Member
♦ CSDA Professional Development I humbly ask for your support to re-elect me as President of ISDOC. I
will continue to represent you, the Independent Special Districts of
Committee Orange County in the way you deserve. I look forward to continuing
♦ CSDA Membership Committee my service.
SP SA"'Tq�y Costa Mesa Sanitary District
...an Independent Special District
O y
'yC�RpORAT��,9Ap I am writing to ask your support for reelection as President of the Independent
Special Districts of Orange County (ISDOC). It has been an honor for me to serve
the Special Districts for the past two years and would appreciate your support to
continue my work.
With my leadership ISDOC has continued to provide the advocacy, education
and presence that all of our Districts need on the State and Local level. We are
a strong presence within the California Special Districts Association (CSDA). For
our efforts, again during my term, CSDA honored ISDOC as the CSDA Chapter of
the Year in 2015. This high honor shows that we continue to serve and
advocate for our Districts.
Board
Michael Scheafer
Arthur Perry Furthering my involvement with Special Districts I am a Board Member for the
Robert Coten Special Districts Risk Management Authority (SDRMA). Serving on the board has
Arlene Schafer given me a unique perspective on various Districts throughout California. By
James Ferryman providing risk management options I have become very familiar with issues that
face different types of Districts. As a member of the Legislative Committee for
Staff SDRMA I have become involved in issues that affect all of our Districts.
Scott C.Carroll
General Manager I also presently serve on two CSDA committees. I am on the Member Services
Committee and the Professional Development Committee.
Robin B.Hamers I am the Vice Chairman of the Alliance Executive Council, a collaboration of CSDA,
District Engineer SDRMA and the Special Districts Leadership Foundation.
Alan R.Burns I currently serve as President of the Board for the Costa Mesa Sanitary District. I
District Counsel have served on our Board since 2010, and previously in the 1990's. I am a former
City Councilmember in Costa Mesa.
DavisMarcus D.
Treasurer Since being chosen as President of the CMSD Board our District has been
awarded several prestigious awards including "Best Wastewater Collection
System" from the Santa Ana River Basin," Special District Leadership Foundation
District of Distinction" from CSDA, the 2016 "Excellence Award in Integrated
District Clerk Waste Management Systems" a national award from the Solid Waste Association
of North America (SWANA).
DavisWendy H.
Finance Manager Recently I was nominated as "Board Member of the Year" for CSDA, an award to be
given at the CSDA annual conference in October.
My commitment to the Special Districts of Orange County is strong. I will continue
to work hard to represent all Districts. My belief is that with the challenges facing
all of us strong leadership is needed. I have continued to demonstrate that my
leadership fits that criteria.
I look forward to serving ISDOC and the members. I appreciate your vote for me as
President. Please feel ree to contact me at mikeC@aRentmike.biz or by phone at
(714)435-0300
District of Distinction 628 W. 19th Street /Costa Mesa,CA 92627-2716 • (949) 645-8400 / fax: (949) 650-2253
2009-2014 Protecting our community's health and the environment by providing solid waste and sewer collection services
Elect James R. Fisler ISDOC President
James (Jim) R. Fisler — Director, Mesa Water District
Experience: With a passion for public policy and public service,
Director Fisler would be honored to receive your vote to serve as
President of the Independent Special Districts of Orange County
(ISDOC). He currently serves as ISDOC 1$'Vice President.
Vision: Director Fisler is committed to representing the mutual
interests of ISDOC's members, including 26 independent special
districts that serve the needs of Orange County's water,
wastewater, sanitary, cemetery, vector control, library, recreation
and parks, and other specialized services.
Knowledge: If elected ISDOC President, Director Fisler pledges to
facilitate information sharing about current issues and trends
related to special districts, and to advocate for the shared interests
of ISDOC members.
Director Fisler was appointed to the Mesa Water District Board of Directors in 2009, elected in 2010
and re-elected in 2012. He served as Mesa Waters Board President from 2012-2014. He was also
elected in 2011, and re-elected in 2014, as an Alternate Commissioner to OC LAFCO representing
Special Districts.
Since 2014, Director Fisler has served as ISDOC's 2nd Vice President and subsequently as 1'Vice
President. The natural progression would be for Director Fisler to next serve as ISDOC President.
Please consider voting for Director Fisler as ISDOC President.
Elect James R. Fisler ISDOC President
James R. Fisler - Director, Mesa Water District
With a passion for public policy and public service, Director Fisler
would be honored to receive your vote to serve as President of the
Independent Special Districts of Orange County (ISDOC). He
currently serves as ISDOC 1"Vice President.
Director Fisler is committed to representing the mutual interests of
ISDOC's members, including 26 independent special districts that
serve the needs of Orange County's water, wastewater, sanitary,
cemetery, vector control, library, recreation and parks, and other
districts that provide specialized services within their communities.
If elected ISDOC President, Director Fisler pledges to facilitate
information sharing about current issues and trends related to
special districts, and to advocate for the shared interests of ISDOC
members. Please consider voting for Director Fisler as ISDOC
President.
James (Jim) R. Fisler was appointed to the Mesa Water District Board of Directors in August 2009,
elected in 2010 and re-elected in 2012. He served as Mesa Water's Board President from 2012-2014,
which included service on the District's Executive Committee.
Since 2014, Director Fisler has served as 2ntl Vice President and subsequently as 1'r Vice President
of ISDOC. He was also elected in 2011, and re-elected in 2014, as an Alternate Commissioner to the
Local Agency Formation Commission of Orange County (OC LAFCO) to represent the Special
Districts of Orange County.
Additionally, Director Fisler is serving as a member of the Local Government Committee of the
Association of California Water Agencies (ACWA), and he has served as a Mesa Water®
representative at California Special Districts Association (CSDA) activities.
Currently for Mesa Water®, Director Fisler is Chairman of the District's Legislative & Public Affairs
Committee, Vice Chairman of the Engineering & Operations Committee, and he serves as an
Alternate on Mesa Water's Finance Committee. He is also on the Costa Mesa Chamber of
Commerce Board of Directors, and he Chairs the City of Costa Mesa's Finance Advisory Committee.
Previously, Director Fisler served as a Board member of the Friends of the Costa Mesa Libraries, and
of the Costa Mesa Senior Center. He also served as Vice Chair of the City of Costa Mesa's Planning
Commission, and as a Parks and Recreation Commissioner for the City; he is also a graduate of the
Costa Mesa Citizens Police Academy. Additionally, he was a member of the City of Costa Mesa's
Residential Rehabilitation and Redevelopment Committee for more than a decade, serving in many
capacities including as an alternate, full member, or liaison from the Planning Commission, he also
volunteered in the City's Neighbors for Neighbors program for over 10 years.
From March 2010 to December 2012, Director Fisler served as President of the Mesa Water District
Improvement Corporation, a California nonprofit public benefit corporation formed to assist Mesa
Water® in financing certain improvements to the District's water system.
BOARD Of DIRFCIOR$
BEnYN.060N,PHD CHARLEYW160N
CHARLES L GIBSON SAUNDRA F.JACOBS
JUSIINNUCUSKER
DANIEL F'.RONS
.11ewl MM'AGflf
Santa Manflanita Waters Distnict
August 11,2016
President Ric Collett
Yorba Linda Water District
1717 E. Miraloma Avenue AUG 2 2 2016 y
Placentia, CA 92870-6785 !`s
Dear President Collett,
I am writing to you as a candidate for the 1st Vice-President of the Independent Special Districts of Orange
County(ISDOC). I currently serve as the 2nd Vice-President for ISDOC.
By way of introduction,I am a Director on the Santa Margarita Water District Board. I have served SMWD
for the past 20 years and, during that time, have chaired the Board and various Board committees. lam
most proud of my role in coordinating and addressing issues among the South Orange County agency
group and representing that group to MWDOC. I been actively involved with ACWA since 2004 when I
served on the Board of Directors for 2 years. Personally,I am also active with my homeowners'association
and,for the past 25 years, I have run a successful environmental and land use planning company.
My experience and service to ISDOC has given me a rich and clear understanding of the needs of special
districts in Orange County. In my term as 1't Vice President, I will bring to ISDOC the same qualities of
experience, impartiality, and effectiveness to address the challenges we face in the special district
community. One of the key responsibilities of the V Vice-President is education. I will work to continue
to ensure informative and interesting presentations focused on issues important to ISDOC including other
county-wide agencies such as LAFCO and its processes.
I would be pleased to learn more about how I can serve you, your special district and the entire County.
Please call me at 949-702-1145 or email me at saundrairwsmwd.com.
I would greatly appreciate your support and vote. I look forward to continuing my role in representing
special districts.
G ,7w J kr
Saundra Jacobs
Director
Santa Margarita Water District
26111 Atieonio Parkway,Rancho Santa Margarita,CA 92688•Mading-P.O.Box 7005,Mission Viejo,CA 92690-7005
Web:wwwSMWD com
Cwtomer Service(949)459-6420•Administeavon(949)459-6507•Operation$(949)459-6551
I am seeking your vote and support for the position of ISDOC 1st Vice President. I have decades of
experience, knowledge,strong leadership,and a sincere desire represent you as ISDOC as Program
Chairman and 1st Vice President. My dedication to public service is evident by positions that I have held
such as the City of Costa Mesa's former Mayor,Councilmember,and Planning Commissioner,Costa
Mesa Sanitary District Board President,Vice President,Secretary,Assistant Secretary(currently)&
Director, LAFCO Chair and Commissioner,Costa Mesa Chamber of Commerce Chair, Harbor-Mesa Lions
Club President,CSDA President,Vice President,and Secretary,CSDA Finance and Membership
Committees.
My vision for ISDOC is to achieve partnerships for different services and keep costs down while staying
on top. I believe I am the best qualified candidate for this position and would be honored to have your
vote.I will serve you well.
Arlene Schafer
Assistant Secretary
Costa Mesa Sanitary District
ELECT ARLENE SCHAFE,R
ISDOC EXECUTIVE COMMITTEE
FIRST VICE PRESIDENT
Arlene Schafer—Assistant Secretary
Costa Mesa Sanitary District
I would be honored to serve as your representative on ISDOC's
Executive Committee as First Vice President. I believe my 26 years of
experience as a local government leader that includes 18 years serving
special districts in a variety of different capacities makes me the best
candidate. Recently, the Little Hoover Commission is conducting
public hearings on special districts that was intended to serve as a
follow up to the Commission's 2000 report. The Commission's report
made recommendations related to special districts visibility and
accountability, reserve funds and property tax allocation and its very
likely the Commission will publish new recommendations to the State
Legislature and governor. I believe it's important for ISDOC to
continue serving as an advocate for Orange County special districts by
informing the legislature and the public the important and essential
services we provide to our communities. Furthermore, I believe it's
important for Orange County special districts to demonstrate good
governance that will help earn the public's trust.
Currently, I am serving on the Board of Directors for the Costa Mesa
PREVIOUS EXPERIENCE Sanitary District (CMSD) where I have been a Board member for 18
SERVING SPECIAL DISTRICTS years. CMSD provides solid waste and wastewater collection services
♦ LAFCO Commissioner to over 116,000 residents residing in the City of Costa Mesa and
portions of Newport Beach and the unincorporated Orange County. I
♦ CSDA Board President am proud to be part of an organization that has been a District of
♦ CSDA Board Vice President Distinction since 2009, earned the Transparency Certificate of
♦ CSDA Board Secretary Excellence and CMSD is one of few special districts in California that
♦ CSDA Finance Corporation received Gold Recognition in Special District Governance.
♦ CSDA Legislation Committee
If elected, I will collaborate with the Program Committee to ensure you
♦ CSDA Fiscal Committee have educational opportunities to enhance your district's governance
♦ CSDA Membership Committee and help elevate public awareness of the role your district plays as the
form of government closest and most directly accountable to your
constituents.
5"NfPg�� Costa Mesa Sanitary District
...an Independent Special District
'�C�RPORATE����p
August 30, 2016
Dear ISDOC Member:
I am writing to ask your support for election as First Vice President of
ISDOC's Executive Committee. For the past 18 years I have dedicated
myself to special districts by serving in a variety of roles that enhances our
Board of Directors advocacy to the State Legislature and visibility to the public. For instance,
Michael Scheafer
Arthur Perry I am Past President and Vice President of the California Special Districts
Robert(Doten Association Board of Directors and I am currently serving as the Board
Arlene Schafer Secretary. I have also represented special districts on Orange County Local
James Ferryman Agency Formation Commission and I routinely attend ISDOC's Executive
Committee meetings to share information.
Staff
Scott C.Carroll The First Vice President of ISDOC's Executive Committee is responsible for
General Manager Chairing the Programs Committee. If elected, I will actively work with
committee members and ensure you receive relevant information and hear
RobinB. from keynote speakers on the latest issues to enhance your district's
District Engineer governance.
Alan R.Burns The enclosed handout has more information that describes my experience
[District Counsel and qualifications to serve on the Executive Committee. I hope you trust
me to serving the best interest of ISDOC membership by voting for Arlene
DavisMarcus D. Schafer as First Vice President.
Treasurer
Thank you for your consideration and I look forward to the opportunity of
serving you.
District Sincerely,
Wendy H. Davis
Finance Managef ot4v C�+
Arlene Schafer
Assistant Secretary
District of Distinction 628 W. 19th Street /Costa Mesa,CA 92627-2716 • (949) 645-8400 / fax:(949) 650-2253
109Protecting our community's health and the environment by providing solid waste and sewer collection services
I have had the privilege of serving for the past 14 years as a special district official and as a city council
member and mayor.Serving in this capacity has allowed me to see from different perspectives how local
governments work and the important roles they play as service providers to their communities. It is this
perspective and my experience as a special district and city official that I wish to contribute as ISDOC 2"d
Vice President.
Special districts continue to defend against public policy threats and other challenges in Sacramento and
here at home. Keeping our districts informed and engaged as members of ISDOC and CSDA is critically
important as we work to remain the closest, most accessible form of government to the people. I will
make this a priority as ISDOC 2"d Vice President in addition to being an advocate in our communities and
with our lawmakers,the media,and others, so they come to understand and value the unique role that
special districts play.
Thank you for your consideration of my candidacy for ISDOC 2"d Vice President.
Douglass Davert
President
East Orange County Water District
(714)318-9550
douadavert(@ca.rr.com
August 17,2016 ECEiV
pk
CC
The Honorable Ric Collett
President AUG 2 2 2016
[
W 0 Yorba Linda Water District
EAST P.O. Box 309 BY:_
ORANGE Yorba Linda,CA 92885-0309
COUNTY
WATER
[71STRICT
Subject: Doug Davert for ISDOC 2n°Vice President
185 N.McPherson Rd. Dear President Collett,
Orange,California
92869-3720 1 am writing to seek your support for my candidacy for 2nd Vice President of the
Independent Special Districts of Orange County(ISDOC). It would be a privilege to
714.538.5815 phone serve as a member of the ISDOC Board and Executive Committee,and I would be
714.538.0334,ax honored to earn your district's support in the upcoming election.
www.eocwd.com I am an ardent advocate for special districts. They are the best and most direct form
of government where the average citizen can find direct representation when they
are concerned about rates or services,and where they can most easily,without
BOARD OF DIRECTORS significant bureaucracy,get their Concerns addressed—very quickly in most cases.
Douglass S.Davert Attached to this letter is an outline of my civic and community involvement. You
President will see that I have spent the last 14 years involved in local government of all sizes:
serving as president of East Orange County Water District,director and chairman of
Richard B.Bell the Orange County Sanitation District,director and chairman of the Orange County
Vice President Fire Authority,trustee of the Orange County Mosquito and Vector Control District,
John Dulebohn and as councilmember and mayor of the city of Tustin. This experience has not only
Director prepared me to serve effectively and contribute to the advancement of ISDOC,but
to have the unique perspective regarding what is special about special districts.
Seymour(Sy)Everett
Director Special districts continue to defend against public policy threats and other
challenges in Sacramento and here at home. I believe that ISDOC should be at the
John L.Sears forefront of raising our profile and talking with the public about how we provide a
Director specialized service and do it well. Keeping our districts aware and engaged as
members of ISDOC and CSDA is also critically important. As a 2008 CSDA Board
President of the Year(an honor I shared jointly with Hon.Steve Sheldon at OCWD),I
Lisa Ohlund know that CSDA is a valued and strong voice for us in Sacramento,and we need to
General Manager actively support its efforts.
I look forward to answering any questions that you or your board colleagues may
have about me or my background,experience or platform. I can be reached at
(714)318-9550 or dougdavert@ca.rr.com.
Thank you for your consideration of my candidacy for ISDOC 2nd Vice President.
Sinc ely,
Douglas avert
Preside It
East 0 ge County Water District
DOUGLASS S. DAVERT
PERSONAL:
Tustin area resident since 1968,active in the community as volunteer,donor,and public official
Married to Melanie Davert,20 years;Two daughters ages 16 and 14
EDUCATION:
Loyola Law School, Loyola Marymount University,Juris Doctor 1992
Chapman University, Bachelor of Arts 1987
Santa Ana College,Associate of Arts 1985
Tustin Unified Schools 1970-1983(K-12)
EMPLOYMENT:
Davert&Los,Lawyers,Orange,California-Partner/Aftomey 1992-Present(Licensed in CA,TX,and DC)
-civil practice emphasizing real estate,transactional,and environmental matters
-rated"AV-Preeminent'by Martindale-Hubble(highest possible rating for ethics and legal skill)
-named one of"Southem California's Top Rated Lawyers"Legal Leaders/LA Times 2012-15
-successfully represented 140+members of the United States Congress in a matter resulting in a
published opinion in the Ninth Circuit U.S.Court of Appeals Newdow v.Le/evre,598 F.3d 638(9'"
Cir.2010)
COMMUNITY SERVICE:
EAST ORANGE COUNTY WATER DISTRICT
President/Director,elected 2012,term ends 2016
ORANGE COUNTY FIRE AUTHORITY FOUNDATION
Chairman,Board of Directors 2011-present
Founding Member 2010-present
ORANGE COUNTY TRANSPORTATION AUTHORITY
Member,Citizens Advisory Committee,2012-2015
ORANGE COUNTY TASK FORCE ON DROWNING PREVENTION
Member,2015-present
CIN OF TUSTIN:
City Council
Member 2002-2010, Mavor 2006&2009,Mayor Pro-Tem 2005&2008
Oversight Board for Successor Agency to Community Redevelopment Agency
Chairman,2012-present(county appointed public member)
Planning Commission
Chairman 2002,Vice-Chairman 1999-2000,2001-2002,Member 1997-2000,2001-2002
Tustin Senior Center Fund
Alternate Member 2002-2010
Tustin Old Town Association
Member,Board of Directors,2001-2002
Tustin Area Council for Fine Arts
Member,Board of Directors.2002-2004
Secretary,2002-2003
Member,Board of Advisors 2007-2010
Tustin Pride Committee
Member 1996-1999,Secretary 1998,Chair,Christmas Tree Recycling Program 96-98
Community Development Block Grant Citizen Participation Committee
Member/Participant 199&2000,2002,2004
Citizens'Police Academy-Tustin Police Department
Graduate 1997
Tustin Community Foundation
Member,Advisory Committee 1997-2003
Tustin Community Redevelopment Agency
Member,2002-2010,Chairman 2006&2009,Vice-Chairman 2005&2008
Tustin Public Financing Corporation
Member,2002-2010,Chairman 2006&2009,Vice-Chairmen 2005&2008
Street Fair&Chili Cook Off Committee
Volunteer 2010-present
SPECIAL DISTRICTSIOTHER:
Director,Orange County Sanitation District 2004-2010
-Chairman of the Board of Directors,2008-2010
-Vice-Chair, Board of Directors,2006-2008
-Vice-Chair,Operations,Maintenance&Technical Services Committee 2005
-Member,Planning,Design&Construction Committee 2005-2006
-Chair,Ad Hoc Committee General Manager Evaluation 2005
-Member,Ad Hoc Committee Legal Seances 2005
-Alternate Director 2003-2004
Director, Orange County Fire Authority 2007-2010
-Chairman of Board of Directors,2009-2010
-Vice-Chairman of the Board of Directors 2008-2009
-Member,Executive Committee 2007-2010
-Member,Budget&Finance Committee 2008-2010
-Chairman,Reserve Firefighter Ad-Hoc Committee 2008-2009
-Chairman,Budget Reduction Ad Hoc Committees 2010
-Alternate Director 2003-2007
Trustee,Orange County Vector Control District 2003-2005
-Member,Budget&Finance Committee 20042005
-Member,Supplemental Services Committee 2003
Member,California Identification Remote Access Network Board 2005-2010
-City Selection Committee Appointee
Alternate Director,OC Airport Land Use Commission 2006-2010
Volunteer, Professional Service Responders,Orange County Sheriff Dept.2005-Present
CITY OF ORANGE
Oversight Board for Successor Agency to Community Redevelopment Agency
Member,2012-present(special district appointee)
LEAGUE OF CALIFORNIA CITIES:
Participant, Forum for New Council Members and Mayors,Sacramento,January 2003
Participant,Executive Forum,2003,2004,2005,2006
Participant,Annual Meeting,2005,2006,2007,2008,2009
Member, Public Safety Policy Committee(Statewide)2006
Member, Revenue and Taxation Policy Committee(Statewide)2010
Member,Advocacy Committee,OC Division 2009-2010
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
Member, Community,Economic&Human Development Committee 20042006
UNITED STATES CONFERENCE OF MAYORS
Participant,Annual Conference,Washington DC 2006
ASSOCIATION OF CALIFORNIA CITIES-ORANGE COUNTY
Charter Member and Emeritus Member 2010-present
Committee on AccreditatioNPublic Policy Management Academy 2012-present
TUSTIN SCHOOLS:
Tustin Public Schools Foundation
Member,Board of Directors 19941998
Vice-President, Board of Directors 1995-1996
Volunteer,Dinosaur Dash 1993-2010,2012-present(Annual event raising$100,000+)
Co-Chair, Dinosaur Dash 1994&1995
Evaluator,Classroom Grants Program 1998-1999
Co-Chair,Classroom Grunts Program 1999-2000
Tustin Unified School District
Liaison from Tustin City Council to Board of Education,20042010
Volunteer,Tustin High School Grad Night 1995-1996&1998
Volunteer,Foothill High School Grad Night 1994
Member,TUSD Strategic Plan Committee 1996
Principal for a Day, Pioneer Middle School 2005
Principal for a Day,Gum Foss School 2006
Principal for a Day, Nelson School 2009
OTHER:
Judge Pro-Tam,Long Beach/Los Angeles Superior Courts 1995-2007
Judge,Moot Court Competition,Chapman University School of Law 1999
Member,Board of Directors, Buckhom Camp 1991-1994
Vice-President,Board of Directors,Buckthorn Camp 1992-1994
Civic Member,Tustin Area Chamber of Commerce 1999-2010
Member,American Planning Association 1999-2003
Santa Ana College Alumni Hall of Fame,Inducted June 2008
Board President of the Year,California Special District Association for work as
Chairman of the Orange County Sanitation District,2008
Orange County Sanitation District Honor Walk-Induced April 20,2011 -for outstanding
service to the organization
MARK MONIN —20d Vice President (Membership)
As an EI Toro Water District (ETWD) Director, it has been my pleasure to regularly
attend and participate at the ISDOC monthly Executive Committee meetings and
Quarterly Luncheons.As the affiliated county chapter to the California Special
Districts Association (CSDA), it is important that our chapter membership remain
strong and active to ensure our voice is heard in Sacramento.
I am a staunch advocate, representing ETWD and County-wide interests with
elected officials in Sacramento and as a member of the Association of California
Water Agencies, California Association of Sanitation Agencies, CSDA, the Orange
County Water Association and ISDOC.
My fiscal responsibility spans over 35 years in the investment management
industry. I received my Bachelor's degree from Canisius College and my
MBA from Pepperdine University.
I am interested in serving in the Second Vice President position to achieve even a
higher degree of membership satisfaction. I understand the duties and
responsibilities of the Second Vice President position and stand ready to commit
my time, energy and skills to serve, promote and advance theoverarching goals
and objectives of ISDOC and its members.
I respectfully ask for your vote,
Mark Morin, Director
EI Toro Water District
EI Toro Water District
" A District of Distinction "
Serving the Public - Respecting the Environment
September 1, 2016
Yorba Linda Water District RECEIVED
Board at Dil Attention: Ric Collett, President
M,Scott Goldman 1717 East Miraloma Ave. AUG 31 2016
Placentia, CA 92870
William H.Kohn
Jo5e F.VergaraRe: Mark Martin LINDA WATER DISTRICT
for ISDOC 2""Vice President Frederick J.Adjonan BY
Mark L.Monin Dear President Collett,
I would be honored to serve as 2"d Vice President for the Independent Special Districts of Orange
General Manager County and would love to speak with your District. I am a Director on the EI Toro Water District
Robert R.Hill Board and Vice Chairman/Commissioner of the Orange County Airport Land Use Commision I
was also a PCF Fire Fighter with the Orange County Fire Authority. I have proven to be a fiscally
responsible individual with a"think out of the box mentality" and I look forward to working with
the other ISDOC Board members to achieve greatness I love Orange County and want to work
hard here and in Sacramento to help Special Districts progress into the future.
Since first becoming involved with ISDOC I have been attending the Executive Committee
meetings on a regular basis which is important because I know the issues that have affected
ISDOC in the past and what is important to propel this fine organization in the future.
My qualifications for this position include
> EXPERIENCED LEADER
> COMMITTED TO SPECIAL DISTRICTS
> FISCALLY RESPONSIBLE
> DEDICATED
As you know ISDOC is a membership association that was formed more than 30 years ago to
serve the needs of Orange County's independent special districts. I want to build on that fine
tradition, work hard with others to achieve a higher degree of member satisfaction and make
ISDOC even stronger. I feel we can do more with the membership, continue to provide valuable
information and presentations on issues that affect your district which can help you with important
discussions in the future.
I am very active in Orange County and my community. Please see the accompanying resume
outlining my experience and education. I would love to hear your thoughts on how we can make
ISDOC even better and please contact me with your input, ideas or questions on my experience
or platform. I can be reached at(949)939-6612 or markmoninrolmsn.com.
Sincerely,
EL TORO WATER DISTRICT
Mark Monin, Director
P.O. Box 4000 • Laguna Hills, CA 92654-4000 • Phone 949.837.7050 • Fax 949.837.7092
www.etwd.com
Mark L. Monin
3371 Punta Aha Unit 3E
Laguna Woods,CA 92637
(949)939-6612
markmonin@msn.com
Mark Marin serves as a Director with the EI Toro Water District and Vice Chairman of the Orange
County Airport Land Use Commission. He is also has over 35 years in the securities industry,most
recently with Raymond James,specializing in executive services,401k,endowments,foundations,
high level financial planning and asset management.Mark is also a former PCF Fire Fighter with
Orange County Fire Authority and has pilot FAA Licenses private, commercial, instrument and
multi engine. Mark also has over 28 years of real estate experience mostly in Orange County
California.
Professional Experience
Boards/Committees/Community Involvement
• EI Toro Water District,Board of Directors 2015—Present
• Vice Chairman ofthe Orange County Airport land Use Commission 2015—Present
• Finance Committee of The Association of California Water Agencies and its Education Subcommittee,Investment
Subcommittee 2015—Present
• South Orange County Watershed Management Area Executive Committee
• Independent Special Districts of Orange County(ISDOC)
• South Orange County Agencies
• Water Advisory Committee of Orange County(WACO)
• Orange County Water Association(OCWA)
• City of Laguna Woods Public Safety Committee Chairman 2012-2015 Past Chairman
• City of Laguna Woods Landscape Committee,Past Member
• Newport Beach Chamber of Commerce,Past Member
• Irvine Chamber of Commerce,Past Member
Financial Investment/Securities Industry(35 Years)
• Raymond James Financial Services,Newport Beach 2009-current
• Oppenheimer&Co. Newport Beach,California 2005-2009
• Morgan Stanley,Salo Manager/Financial Advisor, Los Angeles/Orange County 1998-2005
• Merrill Lynch,Manager/Financial Advisor, Los Angeles/Orange County ]994- 1998
• Prudential Securities,Assistant Manager,Anaheim 1991-1994
Aviation Experience/Aviation Organizations
o Pilot Data&FAA Licenses
o Private
o Commercial
o Instrument
o Multi Engine
o Vice Chairman ofthe Orange County Airport Commission(Land Use)2015-present
o Adjunct Professor at California Baptist University,Riverside,CA 2015-Present
o Teaches Aviation Law and Aviation Finance
o Civil Air Patrol(Auxiliary United States Air Force)from 1992-1996
0 Aerial and ground search&rescue,
o Civil Air Patrol Aerial Disaster inspection, Orange County,CA
o DEA and Customs assistance in aerial surveillance,air transportfrom 1992-1996
o Flying Samaritans/Liga
o Free medical clinics;fly physicians/medical professionals to Mexico 1995-present
o Angel Flight Pilot
o Provides transportation to medical treatment for those who cannot afford/tolerate public transportation,
1998-present
o Southern California Pilots Association
o To provide a collective voice for General Aviation at our So CA Airports.
o Develop a positive working relationship with the airport administration.
o Foster camaraderie amongst So CA Pilots with aviation related
o Enhance safety and education in the So CA Pilot community.
o Orange County Pilots Association(DCPA)
o DCPA is an association of aviation enthusiasts with the purpose of promoting aviation at the Orange
County Airport
o Experimental Aviation Association(EAA)
o Experimental Aircraft Association based in Oshkosh,Wisconsin,encourages and supports recreational
aviation.
Real Estate Experience(28 Years)
• California Department of Real Estate,1988—Present(28 Years)
• Real Estate Consultant
• California Department of Real Estate Continuing Education
Firefighter Experience
• Orange County Fire Authority
o PCF/Firefighter/Engineer/search&rescue/medical training(first responder)1988-1995
• Twin District Fire Department,Lancaster,NY
o Firefighter/Engineer/search&rescue/medical training(first responder) 2005-2006
• Lancaster Fire Department,Lancaster, NY
o Firefighter/Engineer/search&rescue/medical training(first responder) 1982-1984
• Egypt Fire Department,Rochester/Perrington,NY
o Firefighter/Engineer/search&rescue/medical training(first responder)1985-1987
Education/Licensure
• Pepperdine University, Malibu California,Masters in Business Administration,2002
• The Wharton School,University Of Pennsylvania,Senior Financial Advisor
• The Wharton School,University Of Pennsylvania,Management Training Program
• Institute of Investment Management Consulting,Investment Management Consultant
• The Institute of Business&Finance:Certified Annuity&Fund Specialist
• Board Certified in Asset Allocation
• Canisius College,Buffalo New York,BS/Finance,1981
• University of Buffalo,Aeronautical Engineering,1978
• Federal Aviation Administration,Multi Engine,2000
• New York Stock Exchange,Series 8,Branch Manager,1990
• National Association of Securities Dealers,Series 65,Financial Planning,since 1989
• California Department of Real Estate,since 1988
• National Association of Securities Dealers,Series 3,Futures,since 1988
• National Association of Securities Dealers,Series,Options Principal,since 1983
• National Association of Securities Dealers,Series 24,Principal Supervisor,since 1983
• National Association of Securities Dealers,Series 63,State Licensing,since 1981
• Securities Licensed in California,Colorado,Connecticut,Delaware,Georgia,Iowa,Illinois, Indiana, Louisiana, Maryland,
New Jersey,New York,Ohio,Pennsylvania
• National Association of Securities Dealers,Series 7,1981,Financial Advisor
• Federal Aviation Administration,Commercial,1979
• Federal Aviation Administration,Instrument,1978
• Federal Aviation Administration,Private, 1977
August 25, 2016
1 am seeking the office of 3rd Vice President of Independent Special
District of Orange County (ISDOC) at the suggestion of other ISDOC
colleagues. Several years ago I was privileged to serve as President of
ISDOC. Since my term ended I continued to attend ISDOC meetings on
a monthly basis and participate in discussion re ACWA, legislative
issues, and local activities.
I am ready to assume the duties of the office of 3rd Vice President
because of my lifelong interest in legislation and my ability to keep
aware of state and local legislation bi-weekly updates by IRWD staff.
I also participate in the Southern California Legislative Task force in its
by-weekly tele-conferences. I have found the meetings innovative and
rewarding not only as to content, but also the inter-change of ideas
from the many attendees. I ask for your support.
Mary Aileen Matheis
IRWD Board
RECEIVED
mmilm AUG 3 12016
mmm
wit
YORBA LINDA WATER DISTRICT
BY
IRVINEWCIWHIR DIBTRICT �oSeMrarymAwyee•POaoSpg• me,Gyl¢nyg�5/g gp.yyglgyu�gg- - �yy��
August 29,2016
Ric Collett,Preident
Yorba L inda Water District
1717 E. Miraloma Ave.
Placentia, CA. 92870
Re: Candidate for 3rd Vice President of ISDOC
Dear Mr. Collett:
I have filed for one of the open Executive Committee positions on the Independent District's
Executive Committee for the 2016/17 year. The Independent Special District Executive
Committee is not as well-known as other agencies in Orange County,but it does serve a very
important purpose. It is the entity that connects us to the California Special District Association
and to the Orange County Council of Governments.
Several years ago, I was privileged to serve as President of ISDOC,after serving in a lesser
office. I have continued to attend and participate in the monthly meeting and the regular
quarterly meetings since fulfilling my term on the Executive Committee. I have found the
meetings worthwhile as to content,but also in the interaction and good relationships developed
among the other regular attendees.
My long time passion and interest is legislation which I have followed at both the state and
national level for more than twenty years. I am fortunate to be able to keep up With legislative
calendar by participating in the weekly tele-conference with the Southern California Water
Committee and through the insights and reports of IRWD legislative representative.
The 3`d Vice President duties are to report on legislation of interest that affects the water industry
and special districts. I believe I am well qualified to fulfill this position.
Thank you for your consideration. I would be honored and humbled to have the support of your
agency.
Very truly yours
21 Matheis
Gentlepersons,
I trust this note finds you and yours in good health.
I am writing to submit my nomination/letter of interest for the Third Vice President position on
the ISDOC Executive Committee.
My experiences on the OCMVCD Board of Trustees as President, Chair of the ACC-OC Water
Committee, Tustin Representative to WACO, Vice Chair of the OCLAFCO, member of the
Newport Bay Watershed Executive Committee, and Mayor ProTem of Tustin have afforded me
the opportunity of interacting with a variety of officials and address a myriad of issues germane
to Special Districts.
I would greatly appreciate your support and consideration for the office of Third Vice-President
and pledge to represent the interests of Special Districts with passion and be a powerful
advocate for Orange County.
Thank you for all considerations.
Have a great day.
Allan Bernstein DPM MBA
ITEM NO. 9.2
AGENDA REPORT
Meeting Date: September 22, 2016 Budgeted:Yes
Total Budget:$2,500,000
To:Board of Directors
Funding Source:Water Capital
Reserves
From:Marc Marcantonio, General
Manager
Job No:J2009-22#22
Presented By:Steve Conklin, Engineering
Manager
Dept:Engineering
Reviewed by Legal:Yes
Prepared By:Steve Conklin, Engineering
Manager
CEQA Compliance:Pending
Subject:Lease Agreement for Well 22 Site
SUMMARY:
A lease agreement has been negotiated with OCWD for the District to construct and operate Well
No. 22 on OCWD property at the south end of Fee Ana Street in Anaheim. The Lease
Agreement was approved and executed by the OCWD Board on September 7, 2016.
STAFF RECOMMENDATION:
That the Board of Directors approve execution of a Lease Agreement between Orange County
Water District and Yorba Linda Water District for Huckleberry Pond, Well No. 22.
DISCUSSION:
On October 1, 2014, the OCWD Board conceptually approved a well site and pipeline easement for
the District’s proposed Well No. 22. The well is to be located on the north side
of OCWD's Huckleberry Pond and at the south end of Fee Ana Street. The pipeline would extend
from the well site to the District’s water main in Richfield Road. District staff and OCWD staff
negotiated the terms and conditions of the proposed Lease which were reviewed by legal counsel of
the two agencies. The proposed Lease Agreement was approved by the OCWD Board on
September 7, 2016.
Well Site Easement
The proposed well site easement is approximately 2,940 square feet (sf) including the electrical
easement to the City of Anaheim to provide power to the well plus the well water discharge pipe to
Huckleberry Pond that will discharge water when the well is pumping to waste. The proposed water
pipeline easement on OCWD property is approximately 11,212 sf for a pipeline to convey water
from the well to the District’s water main in Richfield Road. The construction and maintenance area
is 3,134 sf.
Additional details regarding the well site, appurtenant facilities and proposed easements are shown
on the attached Exhibit A photo map.
Rent
The District is currently constructing Well No. 21 adjacent to OCWD's Warner Basin. The District will
provide a 6-inch water service connection with submeter from Well No. 21 for OCWD and its
contractor’s water trucks and for irrigation water at Warner Basin in exchange for the Well No. 22
site and pipeline easements described above at no additional cost to the District.
The following deal points were developed and incorporated into the Lease:
The District will construct a new well and appurtenant facilities designated as Well No. 22 at its
cost and expense.
The District will periodically use a construction and maintenance area (3,134 square feet)
which will otherwise be available to OCWD and others when not in use by the District.
The District will access the Well from Fee Ana Street using the existing unimproved driveway
entrance.
The proposed new lease will be for 50 years expiring on September 31, 2066.
Lease compensation is water from YLWD Well No. 21 for OCWD, its contractor’s water trucks
and for landscape irrigation at Warner Basin at no charge to OCWD and/or its contractors.
The water that OCWD uses that will be provided by the District and measured through the
submeter will not be subjected to OCWD’s Replenishment Assessment.
The water the District discharges through its pump to waste line from both Wells No. 21 and
22 will not be subjected to OCWD’s Replenishment Assessment.
OCWD will be responsible to provide and install all facilities at the Well No. 21 site
downstream of the submeter.
OCWD may terminate the Lease at any time for any reason; however, if the Lease is
terminated by the OCWD during the first 20 years, OCWD will reimburse YLWD the
depreciated cost of the Well Site Improvements, or, as an alternative to reimbursement,
develop similar facilities on other OCWD property. The same clause was provided in the
Lease to YLWD for Well 21 approved by the Board on December 20, 2012.
If the Board approves the Lease Agreement, staff will proceed with the first phase of the project,
which is hiring a consultant to prepare the CEQA document and to prepare the plans and
specifications for the drilling of the well. The RFP for this work is being completed by District Staff.
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 July 9, 2015 the Board of Directors approved the budget for Well No. 22.
ATTACHMENTS:
Name:Description:Type:
EXHIBIT_A_-_WELL_22.pdf Exhibit A - Well 22 Site Easements Backup Material
Well_22_Lease_Agreement.pdf Lease Agreemnt Backup Material
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ORIGINAL
LEASE AGREEMENT
(YORBA LINDA WATER DISTRICT)
(Huckleberry Pond—Well No. 22)
This LEASE AGREEMENT ("Lease") is made and entered into as of September 7,
2016 by and between the ORANGE COUNTY WATER DISTRICT, a political
subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as
amended ("OCWD"), and the Yorba Linda Water District, a special governmental district
of the State of California("Lessee").
PART I
FUNDAMENTAL LEASE TERMS
1.1 Lease: For and in consideration of the payment of rentals and the performance by
Lessee of each and every term, covenant and condition of this Lease, OCWD hereby leases
to Lessee, and Lessee leases and hires from OCWD, the following real property owned by
OCWD, for the use,purpose or activity specified in Paragraphs 1.1.2 and 1.1.3:
1.1.1 Leased Property: Located at the Southerly cul-de-sac of Fee Ana Street,
Anaheim, California, and more particularly described in Exhibit "A" and depicted in
Exhibit `B," both exhibits attached hereto and incorporated herein by this reference
(the "Premises"). The Premises is defined as the Well Site Area, including electrical
service (Parcel "l"); Construction and Maintenance Area (Parcel "2"); Pipeline
Easement for water pipeline (hereinafter, the "Pipeline"), Appurtenant Premises (1);
and Wasteline Easement with outlet structure,Appurtenant Premises (2).
1.1.2 Use of Leased Premises: For and during the term of this Lease, and any
extension or renewal of it, Lessee shall use the Premises solely and exclusively for
the following purpose(s) or activity(ies): to install, construct, reconstruct, redevelop,
inspect, maintain, operate, and improve one production water well (the "Well"),
electrical service, and appurtenant facilities (collectively hereafter, "Well Site"),
including egress from and ingress to the Well Site from Fee Ana Street.
1.1.3 Use Limitation for Premises. As further defined, "Well Site Area" shall be
used exclusively by Lessee as the location of the Well, well enclosure, and
appurtenant piping, electrical service, and other facilities, on a reinforced concrete
slab. The "Construction and Maintenance Area" shall be used exclusively by Lessee
during construction of the Well and later during construction of the wellhead facilities
and appurtenant facilities connected thereto. Periodically, thereafter, Lessee may use
the Construction and Maintenance Area for maintenance and upkeep of the Well.
When not otherwise in use by Lessee, the .Construction and Maintenance Area and
Pipeline area, will be available for use by OCWD, and Lessee understands and
acknowledges that it will not have the quiet enjoyment and use of the Const:ction
and Maintenance Area or Pipeline Easement area at such times. The "Appurtenant
Premises (1)," and "Appurtenant Premises (2)," (the Appurtenant Premises") and the
"Construction and Maintenance Area(Parcel "2")," and Well Site Area(Parcel "i"Y'
(collectively, the "Premises") shall be used exclusively by Lessee during time of
construction of pipelines and appurtenances. After completion of construction,
OCWD shall have the right to use the surface of the Appurtenant Premises and
Construction and Maintenance Area, subject to the condition that, if and when
maintenance or repair of pipelines and appurtenances is required, Lessee may require
exclusive use of all or portions of Appurtenant Premises during the time of repair or
maintenance.
1.2 Term: This Lease shall commence on September 7, 2016 ("Commencement Date")
and, subject to Part II below, shall continue to and terminate at 11:59 p.m. local time on
September 31, 2066 ("Expiration Date"), fifty (50) years after commencement. If so agreed
by both Parties, lease may be extended for a time period and at a cost as agreed to by both
Parties. This Lease is subject to early termination in accordance with Section 2.10 and
Paragraph 2.10.1 of this Lease, and the immediately following paragraph of this Paragraph
1.2. This Lease and the Lessee's rights hereunder may not be extended beyond the Expiration
Date unless such extension is set forth in writing and signed by both OCWD and the Lessee.
Notwithstanding any other provision of this Lease, OCWD or Lessee shall have the right for
any reason, at any time, with or without cause, to terminate this Lease prior to the Expiration
Date, by giving the other party a twelve (12) month written notice of termination at the
address provided herein.
Should OCWD determine that the Premises are needed by OCWD for any reason, and
terminates this Lease, by written notice delivered to Lessee at the address in Section 2.11
Paragraph 2.11.1 during the first 20 years of this Lease, OCWD shall reimburse Lessee for
the initial construction cost incurred by Lessee for the construction of the Well Site. The
reimbursement shall be on a straight line depreciation basis (the "Depreciated Cost"),
calculated over the initial 20 year term from the Commencement Date of this Lease. As an
alternative to reimbursement, OCWD may develop similar facilities on other OCWD land for
the benefit of Lessee, subject to Lessee approval of said facility development.
BY PLACING ITS INITIALS HERE, LESSEE ACKNOWLEDGE THAT THEY
HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS LEASE FOR
TERMINATION WITH OR WITHOUT CAUSE AS SET FORTH IN SECTION 1.2
HEREINABOVE.
Lessee:
1.3 Lease Consideration: As partial consideration for the Lease of the Premises, Lessee
shall provide a 6" water service connection with submeter from Lessee's Water Well No. 21
well site to allow OCWD to connect to the 6" water service connection for the purpose of
filling OCWD or its contractors' water trucks and for irrigation uses, at no cost to OCWD or
its contractors for the connection and the water use (the "Rental Payment"), for the term of
this Lease and any extension. Said 6" water service connection shall be constructed in
-2-
accordance to plans approved by OCWD's General Manager or his designee and water shall
be available at the time construction is completed for Well Site No. 21. Water may be
potable, non-potable, undisinfected, or chlorinated well water. The water may come from
Well No. 21 or another Lessee owned water well.
1.4 Notices and Payments: All payments, notices and other writings required to be
delivered under this Lease to either party shall be delivered in accordance with the provisions
of Part II (General Lease Provisions), to OCWD and to Lessee at the address set forth in
Section 2.1 l Paragraph 2.11.1.
1.5 Attachments: This Lease incorporates by reference the following Attachments to this
Lease:
Part I: Fundamental Lease Tenn
Part II: General Lease Provisions
Part III: Special Lease Provisions
Exhibit A: Legal Description Premises (4 pages)
Exhibit B: Plat of Legal Description, Well Site Area, and
Appurtenant Premises (1) and (2).
1.6 Integration: This Lease represents the entire understanding of OCWD and Lessee as
to the Lease and all other matters contained herein. No prior oral or written understanding
shall be of any force or effect with regard to those matters covered by this Lease. This Lease
supersedes and cancels any and all previous negotiations, arrangements, agreements or
understandings, if any, between the parties, and none shall be used to interpret this Lease.
IN WITNESS WHEREOF,the parties have executed and entered into this Lease as of the
date first set forth above.
ORANGE COUNTY WATER DISTRICT, a YORBA LINDA WATER DISTRICT, a
political subdivision of the State of California special governmental district of the state of
organized under Chapter 924 of the Statutes of 1933, California
as amended
1
By: / By:
Cathy Gre e t Ric Collett, President
By: By:
Michael R. Markus, P. E. Marc Marcantonio, General Manager
General Manager
-3-
APPROVED AS TO FORM: APPROVED AS TO FORM:
RUTAN & TUCKER,LLP. KIDMAN LAW, LLP
By: By:
Ge 11611Arthur G. Kidman
Oran ounty Water Dist•ict General Counsel
Lessee Information:
Address for Notices:
i
Yorba Linda Water District
Attention: General Manager
1717 E. Miraloma Ave.
Placentia, CA 92870
Telephone Number: (714) 701-3102
Fax Number: (714) 701-3028
Lease agreement Well No.22(4-26-16)Rev 2
-4-
PART II
GENERAL LEASE PROVISIONS
2.1 teasea.�'. .<:
2.1.1 Tyansmit4al ,.f D4 lc. T/z,-jNv chall nn-alu all Remal
etlw ar<<c dem iinder-this Lease, in 1 �i1 moncy f tlr
-J
payab!z tr- "ORANGE ATG COUNTY NNIATER DIST 4CT," e�
er-r:: *I a1 D at tl.z addfe%
set-f3Mh in Pafagfaph 2.11.1 below. Lessee assemes all risk of less of late payffient if
2.1.2 No Offsetsi All D- ,tal lk--zyments and othef sumsdue ender- this Lease shall ld-
:d , ithei,t ofd of of deduction. *r-u�7nc'i
the ,-,+-1.< T � ai , +rrr,_nn_1�y OC_IT ry ` 'rna t.. or 84hff
r.-jr the '� Cf Q ! n �,,
zUi: in an ani payable
Lease, ner- the issuanee of a month!y statement- showing as due and le an
-Amount le&R-tkar iz fro p.zrsua.rt4e-tkc tc.•rr,-- ofthis Lease, shall
eenstittAe a-a agfeement by 0CW9 modifying this Lease or- a waiver- of 0CW015
right + 11 Rental o�+r �„� tr, ;de for it. tti� ��e
N„
payfflei}t chw4j be-deem" an aeee:4 or nn isfae ie , a~a OC 'D nliall ueept-alI
ehewlo ar.,A payments from Lessee .. thoHt pfejudiee to nCWD'sfig4t to rec`mer. tLe
ba}anee--9-f t.7zmaunt ,a or- to pufsee any othef femedyin this l aav— cc- o*efwise
pr-evided by law.
-, , -•
1 Heldi Oven if Lessee ��'lZllit ili p --si-e f t f«
n o« tn+
`empir-atien of the I=ease n ar aw zmtl•Uriuod axtensien of fenewal th f ,.ith the
eorixpt tf C,)lcd)
then such oief shall _ot L •a_rt, -t
a` t f «,., Lease, but fat
L- i ll be eenstnied as a tenaney fiof month o-mon4l", subjeet to all nd t: ..,
. . , and obligations of this Lease insofar- as the mraz are applieable to a-
r~zcxn�,k tq Month + ',a ,athat Lessee shall p � o nCxxir�
J r however, >^ c rl+ tl ,
fer- eaeh menth that Lessee holds <'cr, an amt aqual
(200-0N) of the vo<.,t.,l Payi:R"y ttt t! z + f .«l,. c t , adjusted
z a
with Pai4 M. ATotw ths4a Amng tiY' %fegoing, nothingeentained in this Lease nr ,,ll 4,0
deemed ant lvj 9CW teo-,oul►nray er- possession of the Premises by Lessee
aftef the expir-atiefi or-ter-minafien of this Lease.
?.lil Pr t on: r the e3vetA that r e ,l,l;,< t; ,,,_ to _rel.-- 01 flvayl oats
+ r' + an somo .1.,+ tt,e« +1,,,, the last _a <, ofa cclller.' >1- -tthe 1 r,
+ „t '•
�
J
-5-
rvi4 shall be pfemted ar & thirty (304 day cath to reftee�4�_Vtu&l p--FW
o that 1
da�r..g d.er rro:ter.
2.2 Char-_e3 for Late Pm,mt nt: If rrr; Lcrcr Rental Payment or w,:,/ otkrc r sum-due
OCD is rtet cr tl-.i due &I e.Lessee shall be
deemed-del er.-.t i.. itc p&j*e late &h-_rge-of-on"nd ane half pere-ent(1.5%,) of the
dil.i0), Shall b
due and payable te OG An addifien l ehaf e e ens ax-d mo half per-eent _. of
delinquea4 payf nt (exeluding1.,+., 1 >n 11 be &!'•.lieu- fe v „1, ^aaitlor&1 oalander
Month(K P.-tion thereof` that he delinquent sum ra'+l�MmM .- u,v/id. In tl'rs-regarc
�': late �,;har-ges de
not-riv,$I to lei ur. nmmrx but tha
ehar-ges-represent+ easenaUc esti .,a* a the . _n expenses tha4
. .a...�r VL the Z•� -- --
OCA17D ,vill ir"o r✓y mase fLessee'sWe
222 Meeptanee h� OCWD of delinquent n4 late eh. ._hall iii ne
vnv ��r'W
waY--arnrtr.tutc & with :espeette•-su& ovmdua &r..4
delin4ua nt payrnent, ar it. err;.� ,
any of its r:�-1��emed4eTset-fo th kn this Lease or-3O.tr i.16. .
2.3 Condition and Inspection of Premises
2.3.1 Premises Leased "As-Is": Lessee acknowledges that the Premises are being
leased to Lessee on an "as-is" basis, and Lessee takes and occupies the Premises
without reliance upon any representation by OCWD, or any of its officers,
employees, agents or representatives, or any other person, concerning the Premises,
their fitness for Lessee's intended use or any other particular purpose of use, their
income producing history, potential or capabilities, their value, or any other promise,
representation or inducement not expressly set forth in this Lease.
2.3.2 No Representation or Warranty Concerning Premises: Lessee acknowledges
that neither OCWD, nor any of its officers, employees, agents or representatives, has
made any written or oral representation, promise, or warranty, expressed or implied,
concerning the Premises, their fitness for Lessee's intended use or any other purpose
or use, their income producing history, potential or capabilities, their value, or any
other matter not expressly set forth in this Lease.
2.3.3 Inspection by Lessee: Lessee acknowledges that Lessee has had the
opportunity to and has inspected the Premises prior to the execution of this Lease, and
that Lessee takes and leases the Premises in the condition in which the Premises exist
as of the date of this Lease. Lessee stipulates that the Premises are in good, clean, safe
-6-
and leasable condition, and tit for Lessee's intended use, as of the date of this Lease
and the Commencement Date.
2.4 Use of Premises
2.4.1 Conditions of Use: For and during the term of this Lease, and any extension or
renewal thereof, Lessee's use of the Premises shall be subject to the following
conditions, covenants and restrictions:
2.4.1.1 Except as provided in this Lease, the Premises shall be used only for
the purposes specified in Paragraph 1.1.2 and 1.1.3 above, and the Premises
shall not be used for any other use or purpose whatsoever. without the prior
N�riuen consent of OC WD.
2. 1.1.2 L--ssee shall at all times ,curing t1tG Lease .,a
Pfemises in efdef to assar-e orderly use ef the Premises and te prevent
..t:uoiar. f , trespassers. ..,l,,.ing ^h: r,=., and:,endals-.
�4 1.3 Lessee akhell, to the satisfaefieff of GGWD, rtdr.*ain the ses
and all iY-V-. of&-rj ki A the sin i12
2.4.1.4 Lessee shall not cause, permit or suffer any "hazardous material,"
"hazardous waste" or "hazardous chemicals" as those terms are used in
CERCLA (42 U.S.C. § 9601(14)) or SARA (42 U.S.C. § 1102)11(e)) or any
similar Federal, State, or local law, statute, ordinance, regulation or order, or
otherwise determined by OCWD, to be brought upon, left, used or abandoned
on the Premises.
2.4.1.5 Lesseeshall .rr/, maintain, a ks maintenanee or
- - . ;sien ef any waste or- any ffuisanee (as defined in Galifefaia GMI Code
avciien-347-9) 1"1 I I uiid—T-----
2.4.1.6 OC WD or its authorized representative shall have the right at all
reasonable times to enter upon the Premises and inspect the general condition
of the Premises to determine if Lessee is complying with the terms,
conditions, requirements and provisions of this Lease.
2.4''�tilitiw and f%rr.i : Lessee shall be solei„r-espensible „btaining all
ti ilit'T?yr„ o .,d f r the payment of all „+:1:x. e , gtrs, irnuGLil but net 1:,l,: ed to
wa4ef and pewer-, stipplied to the Pr-e . All utilities shall be in the naffle of Lessee-.
.less nGWDleets ,. r.c. . N utilify installationc, 31rall L:_ul!50t to tka
if Seefien 2.7 below.
-7-
2.4.3 Permits and Aaorovals: Lessee shall obtain any and all governmental permits,
approvals, licenses or other authorizations which may be required in connection with
the use of the Premises as set forth in this Lease. No approval or consent given under
this Lease by OCWD shall affect or limit Lessee's obligations hereunder, nor shall
any approvals or consents given by OCWD, in its capacity as a party to this Lease, be
deemed to be approval as to compliance or conformance with any applicable
governmental codes, laws, orders, rules or regulations.
2 irsurarc : Withetit limifing Lessee's indemaifiea4ien obligations, Lessee shall tie
take possession of-,_nmer- er- eeeupy the n,.effiise. tti-Ail Less o f "yac o'taintd (.11 of the
:l.:l G ?A7.-43i�1f."FCGnits aeeeptable to OCWD, and Lessee
sha!l nmir.tain all e ficmiwe ir. ftil fer-ee and _ff et at all tifnes dur-ing, the teffn of this
Lease d air; ants h irmirsx '^, i ga
eurFen+—,V1\1. Bewisem-,vd by
9C--WD.
2.5.1 Lessee shall take out and maintain the following insurance:
2.5.1.1 Workers' Comp_ ensation and Emnlover's Liabilitv Insurance: Lessee
shall cover or insure under the applicable laws relating to workers'
compensation insurance all of its employees working on or about the
Premises, in accordance with the "Workers' Compensation and Insurance
Act," Division IV of the Labor Code of the State of California and any Acts
amendatory thereof. Lessee shall provide worker's compensation insurance
and employer's liability insurance with limits not less than one million dollars
($1,000,000) each occurrence, one million dollars ($1,000,000) disease policy
limit, and one million dollars ($1,000,000) disease each employee. Such
policy of workers compensation insurance shall contain the following separate
endorsements:
(a) "Insurer waives all rights of subrogation against the Orange
County Water District, its officers, directors, employees, representatives and
volunteers."
(b) "This insurance policy shall not be suspended, voided, reduced
in coverage or in limits, cancelled, limited, non-renewed or materially
changed for any reason by the insurer until thirty (30) days after receipt by the
Orange County Water District of a written notice of such cancellation,
limitation or reduction of coverage."
2.5.1.2 Commercial General Liability Insurance providing coverage in the
following minimum limits:
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(a) Combined single limit of five million dollars ($5,000,000) per
occurrence for Bodily Injury, Personal Injury or Death and Property.
(b) Damage Coverage shall be at least as broad as Insurance
Services Office (ISO) Commercial General Liability coverage (occurrence
Form CG 0001).
(c) If Commercial General Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply
separately to the project/location (with the ISO CG 2503 or ISO CG 2504, or
insurer's equivalent endorsement provided to OC WD), or the general
aggregate limit shall be twice the required occurrence limit.
2.5.1.3 Comnrehensive Automobile Liabilitv Insurance, including owned,
non-owned. leased, hired, and borrowed automobiles and similar vehicles,
providing the following minimum limits:
(a) Combined single limit of one million dollars ($1,000,000)per
occurrence for Bodily Injury or Death and Property Damage.
(b) Coverage shall be at least as broad as Insurance Services Office
(ISO) Business and Auto Coverage (Form CA 0001) covering any auto.
2.5.2 Endorsements: The policies of liability insurance provided for in
Subparagraphs 2.5.1.2 and 2.5.1.3 shall specify that this specific Lease is insured and
that coverage for injury to participants resulting from Lessee's activities is not
eXClUded, and shall be in a form satisfactory to OC WD and contain the following
separate endorsements:
(a) "The Orange County Water District, its officers, directors,
employees, representatives and volunteers, are declared to be additional
insureds on all of the above policies with respects to the operations and
activities of the named insured at or from the premises of the Orange County
Water District. The coverage shall contain no special limitations on the scope
of protection afforded to the Orange County Water District, its officers,
directors, employees, representatives and volunteers."
(b) "This insurance policy shall not be suspended, voided, reduced
in coverage or in limits, canceled, limited, non-renewed, or materially
changed for any reason until thirty (30) days after receipt by the Orange
County Water District of a written notice of such cancellation, limitation or
reduction of coverage."
-9-
(c) "This insurance policy is primary insurance and no insurance
held or owned by the designated additional insureds shall be called upon or
looked to cover a loss under said policy; the Orange County Water District
shall not be liable for the payment of premiums or assessments on this
policy."
(d) "Any failure to comply with reporting or other provisions of
the policies including breaches of warranties shall not affect coverage
provided to the Orange County Water District, its officers, directors,
employees, representatives, or volunteers.
(e) "This insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability."
2.5.3 Evidence of Coverase: Lessee shall at the time of the execution of the Lease
present to OCWD the original policies of insurance required by this Section 2.5 or a
certificate of the insurance, with separate endorsements (Insurance Services Office
Form CG 2026, or equivalent), showing the issuance of such insurance and the
additional insured and other provisions and endorsements required herein and copies
of all endorsements signed by the insurer's representative. All policies shall contain
the Lessee's name and location of the Premises on the certificate. At least thirty (30)
days prior to the expiration of any such policy, a signed complete certificate of
insurance, with all endorsements provided herein, showing that such insurance
coverage has been renewed or extended, shall be filed with OCWD. Lessee's
insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
2.5.4 Review of Coveraue: OCWD shall have the right at any time to review the
coverage, form, and limits of insurance required under this Lease. If, in the sole and
absolute discretion of OCWD, the insurance provisions in this Lease do not provide
adequate protection for OCWD, OCWD shall have the right to require Lessee to
obtain insurance sufficient in coverage, form, and limits to provide adequate
protection and Lessee shall promptly comply with any such requirement. OCWD's
requirements shall not be wireasonable, but shall be adequate in the sole opinion of
OCWD to protect against the kind and extent of risks which may exist at the time a
change of insurance is required, or thereafter.
2.5.5 Deductibles: Any and all deductibles must be declared and approved by
OCWD prior to execution of this Lease.
2.5.6 Lease Continuent Upon Coverage: Notwithstanding any other provision of
this Lease, this Lease shall be null and void at all times when the above-referenced
-10-
original policies of insurance or Certificate of Insurance or Renewal Certificates or
Endorsements are not on file with OCWD.
2.6 Indemnification
2.6.1 OCWD not Liable: OCWD shall not be liable at any time for any loss,
damage or injury whatsoever to the person or property of any person or entity
whatsoever, including but not limited to any employee, agent or contractor of Lessee,
resulting from or arising out of any act or omission of Lessee or of any person or
entity holding under Lessee, or the occupancy or use of the Premises or any part
thereof by or under Lessee, or any act or omission in the exercise of any right or the
performance of any obligation under this Lease. or directly_ or indirectly from an
state or condition of the Premises, or any part thereof. r
2.6.2 Indemnification: Irrespective of any insurance carried by Lessee for the
benefit of OCWD, and notwithstanding any other provision of this Lease to the
contrary. Lessee shall indemnify and hold OCWD, its officers, directors, employees,
representatives and volunteers harmless from and against any and all actions, claims,
demands,judgments, attorneys' fees, costs, damages to persons or property, penalties,
obligations, expenses or liabilities of any kind that may be asserted or claimed by any
person or entity (including, but not limited to, any employee, agent, contractor,
customer, or invitee of Lessee) in any way arising out of or in connection with this
Lease, the operations carried on by Lessee on the Premises or any lands to which
Lessee has access hereunder, or the occupation or use of the Premises by Lessee or
any person or entity holding under Lessee (collectively, "Claims"), whether or not
there is concurrent active or passive negligence on the part of OCWD, and/or acts for
which the OCWD would be held strictly liable, but excluding Claims caused by the
sole active negligence and willfiil misconduct of OCWD. In connection therewith:
2.6.2.1 Lessee shall defend and hold OCWD, its officers, employees, agents,
representatives and volunteers, harmless from any and all Claims, whether
caused in whole or in part by OCWD's active or passive negligence, and/or
acts for which OCWD would be held strictly liable, but excluding any Claim
that results from the sole active negligence or willful misconduct of OCWD,
its officers, employees, agents, or representatives; and Lessee shall pay all
expenses and costs, including attorneys' fees, incurred in connection
therewith.
2.6.2.2 Lessee shall promptly pay any judgment rendered against Lessee or
OCWD covering any Claim, and hold and save OCWD harmless therefrom,
whether such Claim was caused in whole or in part by OCWD's active or
-11-
passive negligence, and/or acts for which OCWD would be held strictly liable,
but excluding the sole active negligence and willful misconduct of OCWD.
2.6.2.3 In the event OCWD is made a party to any action or proceeding filed
or prosecuted for or arising out of or in connection with any Claim, Lessee
shall pay to OCWD any and all costs and expenses incurred by OCWD in any
such action or proceeding.together with reasonable attorneys' fees.
2.6.2.4 All of the indemnity obligations of Lessee under this Paragraph
2.6.2, or as otherwise set forth in this Lease, shall survive the expiration or
earlier termination of this Lease.
2.7 Improvements
2.7.1 Prior Consent for Improvements: Lessee shall not make any alteration of or
improvement to the Premises without the prior written approval of OCWD'S General
Manager or designee.
2.7.1.1 In the event that Lessee desires to make any alteration, improvement,
addition or utility installation in or about the Premises, Lessee shall present
such request in writing to OCWD, together with detailed plans of the
proposed alteration or improvement; and Lessee shall not commence such
alteration or improvement unless and until OCWD'S General Manager or
designee has granted approval thereto in writing.
2.7.1.2 In the event that OCWD'S General Manager or designee grants
written approval to any requested alteration of or improvement to the
Premises, such approval shall be deemed conditioned upon Lessee acquiring
all governmental licenses, approvals and permits required therefore, and such
alteration or improvement shall be constructed in strict conformance with the
plans approved therefore by OCWD'S General Manager or designee. Once
approved by OC W D'S General Manager or designee, no changes or
alterations shall be made to the plans without the prior written approval by
OCWD'S General Manager or designee.
2-7.1.1 In the eve • that nCWD'S General Manager- err- designee is
i.1 to zrr; of o: ir.ecave efit-R- the
Premises, Lessee shall eenstfet saeh alto „+; o ffien+ am rose's
Flo st and expensL-
2,7.2 ✓frnsroNiv of AH Nildings, iw1wevementf, fixtire and
.,s+,. eted or placedEm tkz Premises by-Gess e, .,1.,,-1ing W4 of limi ed t..
-12-
eleet. .-1 and "thef-tttilities,,-49 l or not, Jlfll, upon the eemplefien e f e st,. ,.*iea
,
install tien erplae erfnent within the Premises, b oa w-.d c). of all liens, elaims
liability f paymeRt f ' b a m eal. Faak Vail
j, -told lea a./J RrAeaaa6*,
shell lxoarne erd rt:ain YrvNethe fty e OCWD .,t the t:.. e f thisLease�.. �.rc
earlier- tefmination hefee+. .LperrtkYa ✓,T/..,.••t:.,... ,,. ief t.,......in tie of this Lease,
9Gfc4eak! the right-, -its- lc ani abs elu* diserefien, and b ..:tto etiee to
Lessee, te r-equir-e (er-, if mqtiested by Lessee, te allew) Lessee, at Lessee's sele ees4
and lfl�, t3 rca=rr6iv a all sueh building/s. iwipF9'kfe#f3ents, fixtur-es and
lee te,] en the D« . i the event /l!''WD either 7egt1'f
_s of grants per-missien te
Lessee, strop rMO',16-by Lesseo ckall irOftida leveling4he Prerni-C.3, rcmwkng any
berms r-em .ed. r-emeN4ng • -y under-g.etifid bntructi3;l, 111fing anye`Ea-mi3e&-a*d
2.7.3 "As-Built" Plans and Construction Costs.: As a condition to the approval of
any alteration of or improvement to the Premises, OCWD shall have the right to
require Lessee to prepare and furnish to OCWD, at Lessee's sole cost and expense,
and within sixty (60) days following completion of such alteration or improvement, a
complete set of reproducible "As-Built" plans for such alteration or improvement,
and/or an itemized statement of the actual cost of the construction or installation of
such alteration or improvement.
2.7.4 Compliance with Building Codes: Lessee shall comply with all Building
Codes in effect at the time of construction or installation of an improvement of any
kind on the Premises. The applicable Building Codes shall be those codes as adopted
by the local permitting jurisdiction (i.e., city or county) in which the Premises is
located. In the event that Lessee fails to conform to the Building Codes, OCWD may
require immediate compliance. If Lessee fails to comply, OCWD, at its option, may
make such changes to bring the improvement into compliance with the Building
Codes and charge Lessee the cost of such changes plus ten percent (10%) to cover
administrative costs. Lessee shall have ten (10) days from receipt of the invoice to
reimburse OCWD for the cost of making such changes.
2.7.5 Lessee's Assurance of Construction Completion: Prior to commencement of
construction of approved facilities, or any phase thereof, within the Premises by
Lessee, Lessee shall furnish to OCWD evidence that assures OCWD that sufficient
monies will be available to Lessee to complete the proposed construction in
accordance with the plans approved by OCWD. The amount of money available shall
be at least the total estimated construction cost. Such evidence may take one of the
following forms:
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(a) Completion bond issued to OCWD as oblige, and issued by a
surety acceptable to OCWD.
(b) Performance bond and labor and material bond (or
performance bond containing the provisions of the labor and material bond),
issued by a surety acceptable to OCWD and supplied by Lessee's contractor or
contractors, provided said bond(s) are issued jointly to Lessee and OCWD as
obligees.
(c) Irrevocable letter of credit issued to OCWD from a financial
institution acceptable to OCWD to remain in effect until OCWD
acknowledges. in writing, satisfactory completion of construction.
(d) Cash.
(e) Any combination of the above.
2.7.6 Mechanics Liens or Ston-Notices: Lessee shall at all times indemnify and save
OCWD harmless from all claims, losses, demands, damages, costs, expenses, or
liability costs for labor or materials in connection with construction, repair, alteration,
or installation of structures, improvements, equipment, or facilities within the
Premises, and from the cost of defending against such claims, including attorneys'
fees and costs.
In the event a lien or stop-notice is imposed upon the Premises as a result of such
construction, repair, alteration, or installation, Lessee shall either:
(a) Record a valid Release of Lien, or
(b) Procure and record a bond in accordance with Section 3143 of
the Civil Code, which frees the Premises from the claim of the
lien or stop-notice and from any action brought to foreclose the
lien.
Should Lessee fail to accomplish either of the two optional actions above within
fifteen (15) days after the filing of such a lien or stop-notice, this Lease shall be in
default and shall be subject to immediate termination.
2.8 Maintenance and Renair of Premises
2.8.1 Lessee's Oblim- tion to Nfdketair. Pfefnises! Lessee sh l at edl time,,
to....., ,.f this Lease. and n-cq r�,evAz 1" *�4kefee at ltd Gait cvst a :.nperae
and iia
in its
selee the Premises and all apptti4enaflees and evefy paft thereof-, ineluding
1
-14-
ii.r:�•,� .,*� �+ >ri„�r o-v;, d, ire.aNed ✓ made it or w tl t>, D••e111iVVv.
ll at ell tirnas in the maifAenefflee and use f the Pfemises a the building
fei4h hefein. Lessee _"•,1• glee tG rnn;zntu� m-he-R-reiracsirr-u-�r_�r
-YY� --� ^a---
,helpseme, and ;t , anditi„n arra f.~ f«r-ash a debris. to-the t' *i,e n 0
OCWD Yliaaee with all YY
lieable laws.
2.8.2 Lessee's Default of its Maintenanee Duties; in the event that Lessee fa-11s,
negleet
. glee« orr-ef, est v e t shyr dalrxic dzpesited 1. Lessee of A «e «t,e
Premises et: to niaintain or- make fepairs of replaeements as requifed by this Lease.
OC)A4) shall .ti f r e e fail
. ,� In 9/"lt�"lb '7:, G: raft1 Should Lfail ,
ef„so to „t ..64 defat t withien t:Jllwr-it ✓1 nvilce
from OCWD OG3A7D rrl;- but-6Pl11 rrot �c to, it-self
ineltidi ig lyet nit lirn,ted to the--eest of -1•abei, fflutt6ale and eq4pffte
r.. the art of;+to o f�•\,11�t
' • t f
(15_%) of ,.,ll >-z pzU Ivy, Lessee to OCWD •th ., to yin-)
days--ef '�✓ca opt of a statement of 3v:1:
maintenanm F"LL leplaeeffient by er en behalf of OCWD shall not be deemed to
be a waiver- f Lessee' fault idner- this Lease, -F'hall not asr ,
this Lease of ether-wise pfe-vided at law.
2.9 Lep-al Relations and Responsibilities
2.9.1 Nature of Relationship: OCWD and Lessee understand and agree that the only
relationship between them created by this Lease is that of landlord and tenant, and
that this Lease does not create, and shall not be construed to create, any agency,
partnership,joint venture, or other relationship between OCWD and Lessee.
2.9.2 Compliance with Laws: Lessee shall keep itself fully informed of all existing
and future state and federal laws and all county and city ordinances and regulations
which in any manner affect the activities of Lessee under this Lease, or the possession
or use of the Premises by Lessee, and of all such orders and decrees of bodies or
tribunals having any jurisdiction or authority over the same. Lessee shall at all times
observe and comply with all such existing and future laws, ordinances, regulations,
orders and decrees, and shall protect and indemnify, as required herein, OCWD, its
officers, directors, employees and agents against any claim or liability arising from or
based on the violation of any such law, ordinance, regulation, order or decree,
whether by Lessee or any person or entity holding under Lessee.
-15-
eneH�e�eAgage, th 'eC tr --xm f:6r-this Lease }e tl'Aireefer- ,x.10
any .mien , all ef the n -z, with-✓6+c4he-pFier wY-ittin zaase +of OCWD, „hie
OCWD may widihel 11 ib LJJVl1A LV L.L1 J\.1 eL1 Vli er-for-fie �Mn"[Ct-all.
reason, �
Afi3F-rmah&wignffieent ar vrtJ.ease by Lesseewhether- ehintarily e-. !7i-ep• fatie>z-e=
1„ ithe i z pi�l� A.&Il be ve d and Arall, m tke-eptiee
of OG D, ttr:rr.nate this Le rittc-n r.®
r1.�r11 not be deemedeensent ie any subsequ e�+
oratio u:r.
}./L1S LSl{,.r v -ga-M yM. tl L.{L1G Wil, \.V11 Y'VyAn
iti.\raot in L--gsee in the LLgL.,fega4e "z ;wenty five o at-+ .C) J ll be
&S kxVYZ4:o i"t ZEY. & C prk-' /.'rlt` •�+ .E Ilr \I;TI
2.9.4 Acknowledament of OCWD's Title: Lessee hereby acknowledges the title of
OCWD in and to the Premises, including the real property fixtures and improvements
existing or erected thereon, and Lessee hereby covenants and promises never to
assail, contest or resist OCWD's title to the Premises.
2.9.5 Liens: Lessee shall maintain the Premises free from and clear of any claims,
obligations, liabilities, liens, encumbrances and charges, including but not limited to
any claims, liens or charges arising out of or in connection with the furnishing of
materials or the performance of labor on the Premises. Lessee further shall protect
and indemnify OCWD and the Premises from and hold them, and each of them,
harmless against any and all such claims, obligations, liabilities, liens, encumbrances
and charges.
2.9.6 Possessory Interest Taxation: A possessory interest subject to property
taxation may be created by this Lease. It is understood and agreed that if such a
possessory interest is created, Lessee shall be responsible for the payment of all
property taxes levied on such interest, and that OCWD shall have no responsibility
therefore.
:-i OC-WD's Reser-vatiens.!
2.9-7.1.1 i er-e yr-esen,es-t r'ght to grm-.t rr3
way r^_ e1 a _ io-r ar l�- ,
12aac :�-� - gl s-e �a €e - elephene—teleg aplr, -teleee n
faeilifies, gar + re Lulu oil lines, f r-eads '.1 highways ,.1 Cor- +1.
,
o4miltr. Useever- a aefest, the P2-, atn:r -rAthima
the-1 3i3?f. Inn t1m event hesse t
etarrnkmas that the R "+;� ^�
passe36an ar use of the Premises, Lessee's eniy remedy shall be te teffninae
-16-
this-1✓2af/ Lar+�;•+., rZn� a�.,Z -i.,rlttCIR aeiiee te-nr�Ix�zxsss Adl r.3
interfere with any easements ei-ccs htS-3f-J1Uy' fyor- aff eting +l,o
Premises.
2.9.7.2 .O..G�s� D her-eby--`i7c,s,en,A �h& right to se 1, t77�1zferr-er-ethef-A se
dispose ion of the Premises at any +' . T the event F sueh sale,
transfer- dispesitien, wd : f tl-,(.t; Lease,
ya,.LlaJa\•T .y y
this Lease shall, upe the _lese e f`se, z ; &ir the canveyanee of title, tefmi
as to the poi4uions of e n „la tr-a,^+,, „a disposed o f, andLessee
shall-release the same f e +t, to o f the T a �
e .,n�inri.°a nae
,.1,ie ilts o:yr tl c Leaser
2.9.7.3 OCA D reserves the right unto itself to perform any and all work
involved in protecting, replenishing and/or conserving the basin groundwater
supply and any other work necessary to the functions or purposes of OCWD.
as set forth in the Orange County Water District Act, Chapter 924 of the
California Statutes of 1933, as amended, upon any portion or all of the
Premises at any time. Such work may be performed without incurring any
liability of any nature whatsoever to Lessee and Lessee hereby releases
OCWD from, and covenants not to sue OCWD for, any such liability. OCWD
further reserves unto itself the rights of ingress and egress over all or any
portion of the Premises.
2.9.8 Condemaatien— if any peAienf the Premises is +^l_ ^a ,-_. chief-n-A
domain. era ctlaerwise-fer a publ-i ublie use, ,,n ,. A of the Premises
r-em ins :hieh is suseepcible of oc11patior.under-this Lease, this Leas &hall aste the
paA of parts se taken, tefmina4e as ef the date title er- =z a n thrall «st in the
E`-4 ndemne in the event all ,.T. ..-..a
, f the D,.o a the e f s that there
..a not v u
rernzi. z p3rtiea suseeptible of eeeupatien under-this Lease, are taken a 0z'uirc3,
this Lease to xr; and all
—
r&i upon saehrec;d�r�a'rrr:, Zd2
2.9.9 Waiver- of Claims; ",i (.aLa���.�;ul Ycu „�+ uiG� '�Citi�a to l CIAID , nder-the
Lease, Lessee herebyUr1'JG arf, &-i all-6eirmi that
of trent Lo
Sada, wares a-a .,.er-et,^,,,:3c upor. �nr about tht Premises,
L-essee; its empleyees, agents, ems tliird paFie-3 it or aba ,+ the We
from u:�^ ,+ my time.
2.9.10 Surrender of Possession: At the expiration or termination of this Lease, for
any reason whatsoever:
-17-
2.9.10.1 Lessee shall execute, acknowledge and deliver to OCWD a quitclaim
deed conveying to OCWD all rights, title and interest of Lessee to the
Premises, both land and improvements.
2.9.10.2 Lessee shall promptly quit and surrender the Premises in a good state
of repair.
2.9.10.3 Lessee shall, at its sole cost and expense, remove all portable
buildings, equipment and personal property placed on the Premises by Lessee,
and clear the Premises of all debris, and the Premises shall be surrendered to
OCWD in good order and clean condition.
2.9.11 Disposition of Abandoned Property: If Lessee abandons or quits the
Premises or is dispossessed thereof by process of lav or otherwise, title to any
personal property left on the Premises for thirty (30) or more days after the notice to
remove shall at OCWD's opinion, be deemed to have been abandoned and transferred
to OCWD. OCWD shall have the right to remove and dispose of any and all such
property without liability therefore to Lessee or to any person or entity claiming
under Lessee, and OCWD shall have no duty to account for such property. Lessee
agrees to reimburse OCWD for any and all costs associated with OCWD transferring
or disposing of Lessee's personal property pursuant to this Paragraph.
2.9.12ar-eker-s—Ee issien!Lessee and OCWD z�„'D Tepresent that they have
engaged, e the f, z--1y pzcsan entitled te any brokerage
finfide0s-4zt tr. lilac gempeasatiet3--i - 12fien withthis Lease. Lessee-shall
iand hold OGWD 13�mi liens=" -te=e===--an"8=nct an, olreirr. :tsefted—ff
adjudged against--QC-VAno: &-raj• Ly-ek e`ee i .efinder'sfee—or like
eemY by va asa result of emy aefien, e
or- any of its
Lessee, , empleyees,
agents er- r-epr-esentatives; and Lessee
pay ell 333t&--arid fTr -vv in euava b OCWD the t ,
el ding
r-easenable at+ •s'
iee6,.
2.9.13 Disputes: In the event that any action is commenced by a party to this Lease
against the other to enforce its rights or obligations arising from this Lease or seeking
to interpret this Lease, the prevailing party in such action, in addition to any other
relief and recovery ordered by the court, shall be entitled to recover all statutory costs,
plus reasonable attorneys' fees. Should OCWD be named in any suit brought by any
third party against Lessee in connection with or in any way arising out of Lessee's
occupancy or use of the Premises under this Lease, Lessee shall pay to OCWD its
eests and empred4ffsr.[,0h Pia:t, inolud}3gFeasenable-at4emeys''zees.
2.9.14 Seettfitv Measures. Lessee ael- that the Pfemises are !eased to an'
ui%vpted by Less MI. GS -9' eE)H , --Rd that the i„t payable fLessee t
-18-
OGWD he e �u„_d i , a +b. eest f n r d ar"r-r;
,.a,r a.aaa va Vv-. 11Va lia,raµµy llI4gtta
-- Measures. Lessee fuAher- aelmewledges that OCWD makes no
repfeserttaiara ar w
or- need 'or or prapFiety of y sei� -es at-the emises �'
Premises; and
f6fther-raeknewledges that OGWE) shall ti, obligationw-ha4seevef+ prev•,,
fespensibility fer the pre .tion:az-.A seEer-'ity of the Pfemises,Lessee, its ageR4S,
empleyees, ; ;+ee3 a:.a PrIapefty within the D..efnis � +. mal „ets of any
r aara c��r; �.
third paFty.
2.9.15 No Obligation to Third Parties: Execution and issuance of this Lease shall
not be deemed to confer any rights upon, directly, indirectly or by way of
subrogation. nor obligate either of the parties hereto to, any person or entity other
than OCWD and Lessee.
2.9.16 Waiver: Any waiver by any party of a breach of any provision of this Lease
shall not be deemed a continuing waiver or a waiver of any subsequent breach
whether of the same or of another provision hereof.
2.9-17 OGW 's r ,.b, lit'/ 3.-. Tee-mimation: Lamuct h--Teby-btltiliJO 0. 1--damages-6f
el &43. dre�^raaga that may �,uu-ic.be eaused by any e+;e e f OGWE) +;,,
to ethis
Lease (either- with or witheut e
of taking 1UAa: of the D,.efnises as pr-evided
i this Lease er- ..4 law, and Lessee zr all vim'
pr-epei4y of r "cc GG 1:l;-�� ... �. ., ,� ♦b,e U«
ut.Vaa aaav � acz111�e�-z-ipvir+c[�'I���`:::irlLtiuir'e1'[iI,7
Lease.
2.9.18 Prior Leases: It is mutually agreed that, on and from the Commencement
Date, this Lease shall terminate and supersede any prior leases or agreements between
the parties hereto covering all or any portion of the Premises.
2.10 Default and Termination
2.'0—Torr.: wrl Pfief-T rimation: T:-ir3 Laa;,t 311,.--ll ^ ntin e f the+e..m set � +w
in Seetien 1.2 above, nle this Lease io its-expifafian p,a7-aaa1-4e
this See+•e.. 2 10 Ur.Dart IIL
2.10.2 Default by Lessee: Each and every covenant and agreement contained in this
Lease is declared to be a condition to this Lease, and to the term hereby demised to
Lessee. Lessee shall be considered to have materially breached this Lease, giving
Lessor the remedies specified in Paragraph 2.10.3 below, in the event that any one or
more of the following occur:
-19-
11V.4c Frr11J ar r iii slain yr the
Paymem or- other- due her-etinderwhen due, and su&. udw. r
for five (5) days after . ,..tte nets a to M' ".at or sufrender pessessien of the
D« by T
1 1 .1111 J\.J 1J J\.« e Lessee
�� Lesser-;
or-
(b) Lessee defaults in the performance of or breaches any covenant,
condition or provision contained in this Lease other than as set forth in
Paragraph 2.10.2(a) hereinabove, and such default or breach is not cured
within thirty (30) days after written notice thereof is served by OCWD on
Lessee; or
(C) Lessee .,b.,.,.aens ,, ,ates the n«gn/b.-r: or
(d) Lessee becomes insolvent: for purposes of this Lease, Lessee shall be
conclusively presumed to have become insolvent if-
(i)
£(i) A receiver is appointed to take possession of all or substantially
all of Lessee's property because of insolvency; or
(ii) Lessee makes a general assignment for the benefit of creditors;
or
(iz) If art. Lamee`—to 7a-m&in
1111VK11 Jll\.GT or-tin bended period ^
(iv) An attachment or execution is levied upon or against any or all
of Lessee's right, title or interest in or under this Lease, and the same
shall not have been released within thirty (30) days from the date
thereof; or
(v) Proceedings in receivership or bankruptcy have been or are
about to be instituted against Lessee; or
(vi) Lessee is adjudicated a bankrupt.
2.10.3 Remedies on Lessee's Default: Should Lessee breach this Lease, or should
Lessee breach this Lease and abandon the Premises prior to the natural expiration of
the term of this Lease, OCWD may, in addition to any other remedy given OCWD by
law or in equity:
(a) Continue this Lease in effect by not terminating Lessee's right to
possession of the Premises, in which event OCWD shall be entitled to enforce
all of OCWD's rights and remedies under this Lease, including the right to
recover the rent specified in Section 1.3 above, v vaak rent beee es duce
„def this Lease-; or
-20-
(b) Terminate this Lease and Lessee's right to possession of the Premises,
and recover from Lessee:
(i) YY�
The .,,..,.�,. et the t:». of awards. i e+ the id e„+ hiehad
V
been earned a4 the time of tefminatiea-e�f-thc Loase-i-iffid
(ii) T::, wet4h at the time ef awe&d of the amount by wl-izh the
1✓ease until *zzc -v [fl.�[� ✓Y✓✓f ds the ameupA e f rental less th,+
Lessee pr-eves uld ha-,,e 1!
(iii) The •i;et4h at the time of award e�f tho amatint by--whieh-the
unpaid r-ent fee-the b,.,la ee 44h tei',rPI aftef the-titnc of zer,amra� �eVc�-@cam
the afneui4 e# rental less tha4 Lessee proves eeeld be e .bly
(iv) Any other amount necessary to compensate
Lessor for all detriment proximately caused by Lessee's failure to
perform its obligations under the Lease; or
(c) Terminate this Lease and Lessee's right to possession of the Premises,
and in addition to any recoveries that Lessee may seek under Paragraph
2.10.3(b) hereinabove, bring an action to reenter and regain possession of the
Premises in the manner provided by the laws of unlawfiil detainer of the State
of California then in effect; or
(d) In the even4 Lessee be a el nt, nCAxlD tylvf, ivy giving twenty
(20) Uy;: '
affairs at the aAA-. f6l, per-son appearing in the effieial r-eeer-ds ef the
estrt thfa reppernted sueh persr&, tz/.rnin4c fli& leay. arrA £ff it Less
iateregt in the
app,,,.tel,.,„*to the Pr-
2.10.4 Waiver of Breach: The waiver by OCWD of any breach of any term,
covenant, or condition of this Lease shall be in writing signed by OCWD, and shall
not be deemed to be a continuing waiver of such term, covenant or condition, or a
waiver of any subsequent breach of the same or any other term, covenant or condition
contained in this Lease. The acceptance of rent by OCWD under this Lease shall not
be deemed to be a waiver of any preceding breach by Lessee of any term, covenant,
or condition of this Lease, other than the failure of Lessee to pay the particular rent so
accepted by OCWD, regardless of OC WD's knowledge of such preceding breach at
the time of acceptance of such rent.
2.10.5 Cumulative Remedies: The remedies given to OCWD in Paragraphs 2.10.2
and 2.10.3 above shall not be exclusive, but shall be cumulative and in addition to any
-21-
and all other remedies now or hereafter allowed by law or otherwise authorized
elsewhere by this Lease; and the exercise of one or more of said rights, powers,
elections or remedies shall not impair OCWD's right to exercise any other right,
power, election or remedy.
2.10.6 Re-Entrv: No entry or re-entry into the Premises by OCWD shall be
construed as an election to terminate this Lease, unless prior thereto or concurrently
therewith written notice of intent to terminate is given by OCWD to Lessee. OCWD's
entry into possession of the Premises without having elected to terminate shall not
prevent OCWD from making such an election and giving Lessee notice thereof.
2.11 Miscellaneous
2.11.1 Notices: Any notice, payment or instrument required or permitted to be
given or delivered by this Lease may be given or delivered by personal delivery or by
depositing the same in any United States mail depository, first class postage prepaid,
and addressed as follows:
If to OCWD:
If by mail: ORANGE COUNTY WATER DISTRICT
P.O. Box 8300
Fountain Valley, CA 92728-8300
Attn: Property Management
If by personal delivery: ORANGE COUNTY WATER DISTRICT
18700 Ward Street
Fountain Valley. CA 92708
Attn: Property Management
If to Lessee: Yorba Linda Water District
Attention: General Manager
1717 E. Miraloma Ave.
Placentia, CA 92870
or such other person or address as either party may direct in writing to the other;
provided, however, that such new or different person or address shall not become
effective until acknowledged in writing by the party to who directed. Except where
service is by personal delivery or by registered or certified mail, return receipt
requested, service of any instrument or writing shall be deemed completed forty-eight
(48) hours ager deposit in a United States mail depository.
-22-
2.11.2 Warranty of Authoritv: Each officer of OCWD and Lessee affixing his or
her signature to this Lease warrants and represents by such signature that he or she
has the full legal authority to bind his or her respective party to all of the terms,
conditions and provisions of this Lease, that his or her respective party has the full
legal right, power, capacity and authority to enter into this Lease and perform all of
its provisions and obligations, and that no other approvals or consents are necessary
in connection therewith.
2.11.3 Headings: The titles and headings of Parts, Sections and Paragraphs of this
Lease, as herein set forth, have been inserted for the sake of convenience only, and
are not to be taken. deemed or construed to be any part of the terms. covenants or
conditions of this Lease, or to control, limit or modify any of the terms. covenants or
conditions hereof.
2.11. 1 Time of Essence: Time is of the essence of this Lease. Failure to comply
with any requirement, including but not limited to any time requirement, of this Lease
shall constitute a material breach of this Lease.
2.11.5 Construction and Amendment: This Lease shall be construed, interpreted,
governed and enforced in all respects according to the laws of the State of California
and as if drafted by both OCWD and Lessee. No amendment, change or modification
of this document shall be valid unless in writing, stating that it amends, changes or
modifies this Lease, and signed by all of the parties hereto.
2.11.6 Successors: Subject to the provisions of Paragraph 2.9.3 above, this Lease,
and all of the terms, conditions and provisions herein, shall inure to the benefit of, and
be binding upon, OCWD, Lessee, and their respective successors and assigns.
2.11.7 Partial Invaliditv: If any term, covenant, condition or proN ision of this Lease
is held by a court of competent jurisdiction to be invalid, void, illegal, or
unenforceable, the remainder of the provisions hereof shall remain in full force and
effect and shall in no way affect, impair, or invalidate any other term, covenant,
condition or provision contained in this Lease.
2.11.8 Further Assurances: Each of the parties hereto shall execute and deliver any
and all additional papers, documents and other assurances and shall do any and all
acts and things reasonably necessary in connection with the performance of their
obligations hereunder and to carry out the intent of the parties hereto.
21i Drtaz.,encv: r*y- ;x,-nt of an=. ,..,nf1i.* '3,e:vcl. I\irt-,,e€ h,.n Lcr-3e, Pail 1
,shall p o ail ., ory.,.a.y II, III and W Pai4 IV Miall prev-aiil tfrCr PaI4 11 and Til, and
gait III cy-all )ve-
-23-
PART III
SPECIAL LEASE PROVISIONS
3.1 Section 2.1 (Lease Rental Payments), and Paragraphs 2.1.1, 2.1.2. 2.1.3 and 2.14 are
deleted from this Lease.
Section 2.2 and Paragraphs 2.2.1 and 2.2.2 are deleted from this Lease.
3.2 Paragraphs 2.4.1.2, 2.4.1.3, and 2.4.1.5 of this Lease are replaced as follows:
2.4.1.2 Lessee shall at all times during the term of this Lease and any extension or
renewal thereof. maintain proper and adequate policing of the Well Site Area and
during construction or maintenance activities maintain the .appurtenant Premises and
Construction and Maintenance Area in order to assure orderly use of the Well Site
Area, Appurtenant Premises and Construction and Maintenance Area and to prevent
intrusion from trespassers, playing children and vandals.
2.4.1.3 Lessee shall, to the satisfaction of OCWD, maintain the Well Site Area and
all improvements of any kind therein in a state of good repair, except the Lessee shall
not be obligated to repair damage or other degradation caused by OCWD or other
lessees/licensees/permittees/invitees of the Premises. During construction or
maintenance activities, Lessee shall not damage the Appurtenant Premises and
Construction and Maintenance Area and all improvements of any kind therein. If
Lessee damages or causes such damage, Lessee shall promptly repair the property or
improvement to OCWD's satisfaction.
2.4.1.5 Lessee shall not maintain, commit or permit the maintenance or commission
of any waste or any nuisance (as defined in California Civil Code section 3479)
within the Well Site Area at any time. Lessee shall not maintain, commit or permit
the maintenance or commission of any waste or any nuisance within the Appurtenant
Premises or the Construction and Maintenance Area at any time during Lessee's
construction and maintenance activities within the Appurtenant Premises and
Construction and Maintenance Area. Lessee shall not use or permit the use of any
portion the Premises for any unlawful purpose.
3.3 The following provisions are added to Paragraph 2.4.1 (Conditions of Use) of this
Lease:
2.4.1.7 Lessee shall erect and maintain an enclosure around the Well Site Area in a
design satisfactory to OCWD'S General Manager or his designee. Prior to
construction or installation of such enclosure. the plans and specifications for said
enclosure must be submitted to and expressly approved by OCWD'S General
Manager or his designee.
-24-
2.4.1.8 Should any damage or injury to OCWD or Anaheim Model Airplane Club
facilities occur, either through the acts of agents, servants or employees of Lessee or
by any independent contractor of Lessee in the exercise of the rights granted in this
Lease, Lessee agrees to immediately, upon the written demand of OCWD, restore
such facilities" at Lessee's sole cost and expense, to the condition of same
immediately prior to the date of the damage or injury.
2.4.1.9 If at any time OCWD determines in. its sole discretion, that the Well Site
installed by Lessee, as provided herein, must be modified, improved or extended to
protect OCWD's real property or facilities and OCWD"s use of said real property or
facilities, or in the event that said Well Site needs to be modified, improved or
extended to improve or correct the functioning thereof" such modification.
improvement or extension shall be made by Lessee, within a reasonable period of
time, and at Lessee's sole cost and expense; provided, however. that OCWD
covenants to exercise in a reasonable manner its discretion to require Lessee to
modify, improve or extend the Well Site installed by Lessee and to exercise such
discretion only as necessary to reasonably protect OCWD's real property or facilities
or use thereof or to reasonably improve or correct the functioning of the Well Site
installed by Lessee. Notwithstanding the foregoing, Lessee reserves the right to
terminate this Lease with a thirty (30) days written notice to OCWD if Lessee
determines the forgoing obligations are cost prohibitive.
2.4.1.10 At the expiration or termination of this Lease, Lessee shall destroy the water
well on the Premises, and remove all appurtenants to the water well that are the
subject of this Lease, in accordance with all applicable federal, state and local laws,
rules, regulations or ordinances governing the destruction of water wells, unless
OCWD delivers to Lessee a written notice that OCWD, at no cost or expense to
OCWD, will assume ownership and responsibility of the water well, in which case
Lessee shall have no further obligation or liability for the water well. Through the
deliverance of such written notice, OCWD further agrees that it will accept ownership
of the well in an "as-is" condition. If OCWD does not deliver written notice to
Lessee that OCWD will assume ownership and responsibility for the water well, and
Lessee fails to properly destroy the water well pursuant to this Paragraph, OCWD
shall have the right to destroy the water well and remove all appurtenants to the water
well without liability therefore to Lessee or to any person or entity claiming under
Lessee, and OCWD shall have no duty to account for such well site, appurtenants to
the water well and property. Lessee agrees to reimburse OCWD, within thirty (30)
days from the completion date of the well being destroyed, for any and all costs
associated with OCWD destroying the water well pursuant to this Paragraph.
2.4.1.11 Lessee shall notify OCWD of any maintenance activity that requires the use
of a well development/pump rig at least thirty (30) days in advance of such
maintenance activity.
-25-
2.4.1.12 Laydown areas for construction or maintenance materials shall be as
approved by OCWD's General Manager or his designee but shall under no
circumstances interfere with OCWD or the Anaheim Model Airplane Club's use of
the adjacent Huckleberry Pond.
2.4.1.13 Lessee is advised that the Anaheim Model Airplane Club has a permit with
OCWD to use the Huckleberry Pond area on weekends for the flying of model
airplanes and maintains a lock on the walk in gate southerly of the cul-de-sac of Fee
Ana Street. Lessee shall not remove the lock from the gate or block entry to the gate
and the adjacent area.
2.4.1.14 Lessee's Well No. 21. Lessee's discharge of water from Lessee's Well No.
21 shall be measured through a master water meter or through a discharge-to-waste
water meter. Dow7lstream from the master water meter will be a 6" water service
connection with a sub-meter to measure all water flows to OCWD. The water that
flows through the discharge-to-waste water meter and into OCWD's Conrock Basin
and the water that flows through the 6" water service connection and sub-meter to
OCWD will not be subject to OCWD's Replenishment Assessment (RA). Lessee
shall provide well water for use by OCWD at a pressure of approximately 86 psi.
OCWD will be responsible to provide and install all facilities at the Well No. 21 site
downstream of the sub-meter.
Occasionally, Lessee will not have any wells in operation, and will provide
notification to OCWD that water is not available. If OCWD determines that water for
irrigation or water trucks is necessary at that time, and upon request, YLWD will
activate a well to meet OCWD's need for water.
2.4.1.15 Lessee's Well No. 22. Lessee's Water Well No. 22 is adjacent to OCWD's
Huckleberry Pond. During short-term well start-up and shut-down periods, water
from Well 22 will flow through discharge-to-waste meter and directly to OCWD's
Huckleberry Pond for recharge. As the water will flow directly back to OCWD and
to its recharge basin,water discharged through discharge-to-waste meter will not be
subject to payment of OCWD's Replenishment Assessment (RA).
3.4 Paragraph 2.4.2, of this Lease is replaced and Subparagraph 2.4.2.1 is added as
follows:
2.4.2 Utilities and Services: Lessee shall be solely responsible for obtaining all of
its utility service and for the payment of all of its utility charges, including but not
limited to water and power, supplied to the Premises. All utilities shall be in the name
of Lessee, unless OCWD elects otherwise. All utility installations shall be subject to
the provisions of Section 2.7 below.
2.4.2.1 Electrical Service: If required, Lessee shall be responsible for
negotiating an easement for the electrical service with the City of Anaheim,
subject to the approval of the OCWD's General Manager or his designee.
-26-
3.5 The following provisions in Section 2.5 of this Lease are replaced or added with the
following:
2.5 Insurance: Without limiting Lessee's indemnification obligations, Lessee shall
not take possession of, enter or occupy the Premises until Lessee has obtained all of
the insurance required herein from a company or companies acceptable to OCWD,
and Lessee shall maintain all such insurance in full force and effect at all times during
the term of this Lease and any extension or renewal thereof. Insurance shall be placed
with insurers having a current A.M. Best rating of no less than A-:VII or equivalent
or as otherwise approved by OCWD. Lessee may submit a letter of Self-Insurance in
lieu of a Certificate of Insurance in a form acceptable to OCWD's Risk Manager.
2.5.1.4 Environmental Impairment Liabilitv—The Contractor shall provide and
maintain coverage appropriate for the hazardous material,waste activity contemplated
in this Agreement. Enviromnental Impairment Liability shall be maintained in an
amount of$1,000,000 per claim/occurrence. If an aggregate limit applies, either the
general aggregate limit shall apply separately to the project/location or the general
aggregate limit shall be twice the required occurrence limit.
3.6 Paragraph 2.7.1.3 and 2.7.2 of this Lease is replaced with the following:
2.7.1.3 In the event that LESSOR's General Manager or designee grants written
approval to any requested alteration of or improvement to the Premises, Lessee shall
construct such alteration or improvement at Lessee's sole cost and expense. Lessee
shall not commence construction unless Lessee provides LESSOR'S General
Manager or designee with written notice ninety (90) days prior to the commencement
of the Well Site construction or any other related construction.
2.7.2 Ownership of Imnrovements: All buildings, improvements, fixtures and
facilities (exclusive of trade fixtures, portable buildings, vehicles and antennas),
constructed or placed within the Premises by Lessee. including but not limited to
electrical and other utilities, listed or not, shall, upon the completion of construction,
installation or placement within the Premises, be free and clear of all liens, claims and
liability for payment for labor and material. Such buildings, improvements, fixtures
and facilities (exclusive of trade fixtures, motors, pumps, motor control centers and
switchgear, control panels, fiber optic equipment, portable buildings, vehicles and
antennas), shall become and remain the property of OCWD at the expiration of this
Lease or earlier termination hereof. Upon the expiration or earlier termination of this
Lease, OCWD retains the right, in its sole and absolute discretion, and by written
notice to Lessee, to require (or, if requested by Lessee, to allow) Lessee, at Lessee's
sole cost and expense, to remove all such buildings, improvements, fixtures and
facilities located on the Premises. In the event OCWD either requires or grants
permission to Lessee, such removal by Lessee shall include leveling the Premises,
restoring any berms removed. removing any underground obstructions, filling any
excavations, and compacting such filled excavations to ninety percent (90%)
-27-
compaction. If Lessee fails to remove all such buildings, improvements, fixtures and
facilities located on the Premises pursuant to this Paragraph, OCWD shall have the
right to remove all such buildings, improvements, fixtures and facilities located on the
Premises without liability therefore to Lessee or to any person or entity claiming
under Lessee, and OCWD shall have no duty to account for such to remove all such
buildings, improvements, fixtures and facilities located on the Premises. Lessee
agrees to reimburse OCWD for any and all costs associated with OCWD's removal of
all such buildings, improvements. fixtures and facilities located on the Premises.
3.7 Paragraphs 2.8.1 and 2.8.2 of this Lease are replaced with the following:
2.8.1 Lessee's_Obliaation to Maintain Premises: Lessee shall at all times during the
term of this Lease, and any extension or renewals thereof. at its sole cost and expense,
remove all trash and debris from the Well Site Area. Lessee shall also keep and
maintain in good condition and in substantial repair (all to the satisfaction of OCWD
in its sole discretion), the Well Site Area and all appurtenances and every part thereof,
including improvements of any kind erected, installed or made on or within the Well
Site Area. Lessee shall at all times in the maintenance and use of the Well Site Area
and the buildings, structures, facilities, improvements and equipment thereon, comply
with all laws, ordinances and regulations pertaining thereto, and all conditions and
restrictions set forth herein. Lessee expressly agrees to maintain the Well Site Area in
a safe, clean, wholesome, and sanitary condition and free of trash and debris, to the
satisfaction of OCWD and in compliance with all applicable laws. During
maintenance or construction activities, Lessee is to maintain the Appurtenant
Premises and Construction and Maintenance Area in the same manner as stated for
the Well Site Area in this Paragraph. When no maintenance or construction activities
occur, Lessor hereby waives the maintenance requirement as stated in this Paragraph.
2.8.2 Lessee's Default of its Maintenance Duties: In the event that Lessee fails,
neglects or refiises to remove trash or debris deposited by Lessee or its invitees on the
Premises or to maintain or make repairs or replacements as required by this Lease,
OCWD shall notify Lessee in writing of such failure or refusal. Should Lessee fail or
refuse to correct such default within fifteen (15) days of receipt of such written notice
from OCWD, OCWD may, but shall not be required to, itself or by contract,
undertake the necessary maintenance, repair or replacements; and the cost thereof,
including but not limited to the cost of labor, materials and equipment and
procurement of insurance, plus an administrative fee in the amount of fifteen percent
(15%) of the sum of such costs, shall be paid by Lessee to OCWD within thirty (30)
days of Lessee's receipt of a statement of such costs from OCWD. Any such
maintenance, repair or replacement by or on behalf of OCWD shall not be deemed to
be a waiver of Lessee's default under this Lease, and shall not in any way impair,
-28-
prevent or restrict OCWD from exercising any of its rights or remedies set forth in
this Lease or otherwise provided at law.
3.8 Paragraphs 2.9.3, 2.9.8, 2.9.9. 2.9.13, 2.9.14, and 2.9.17 and Subparagraphs 2.9.7.1
and 2.9.7.2 of this Lease are replaced as follows; and Paragraph 2.9.12 of this Lease
is deleted:
2.9.3 Assignment and Sublease: Lessee may not assign, convey, hypothecate,
encumber, mortgage, or otherwise transfer this Lease or any part thereof, or sublease
any portion or all of the Premises, without the prior written consent of OCWD, which
OCWD may withhold in its absolute discretion for any reason, or for no reason at all.
Any such assignment or sublease by Lessee, whether voluntarily or by operation of
law. without the prior written consent of OCWD shall be void and shall, at the option
of OCWD. terminate this Lease upon written notice to Lessee. A consent by OCWD
to one assignment or one sublease shall not be deemed a consent to any subsequent
assignment or sublease.
OCWD's Reservations.
2.9.7.1 OCWD hereby reserves the right to grant easements and rights-of-way for
pole or tower lines for transmission of electricity, and easements, leases and rights-of-
way for telephone, telegraph, telecommunication facilities, gas, water, sewer and oil
lines, for roads and highways, and for other similar uses over and across the Premises
at any location or locations within the Premises. OCWD agrees to give Lessee written
notice of such a grant after thirty (30) days of its occurrence. In the event Lessee
determines that the granting or exercise of any such easement, lease, or right-of-way
significantly interferes with Lessee's possession or use of the Premises, Lessee's only
remedy shall be to terminate this Lease upon thirty (30) days written notice to
OCWD. Lessee shall not interfere with any easements or rights-of-way pertaining to
or affecting the Premises, however, if Lessee terminates this lease for a reason as
stated in this paragraph during the first 20 years of this Lease, Lessee shall be
reimbursed the depreciated cost of the Well Site as stated in Section 1.2 of this Lease.
2.9.7.2 OCWD hereby reserves the right to sell, transfer, lease or otherwise dispose
of any portion of the Premises at any time. In the event of such sale, transfer, lease or
disposition, and notwithstanding any other provision of this Lease, this Lease shall,
upon the close of escrow or the conveyance of title, terminate as to the portions of the
Premises sold, transferred, leased or disposed of, and Lessee shall release the same
from the terms of this Lease and from any encumbrance which results from this
Lease. OCWD agrees to give Lessee thirty (30) days notice of the sale, transfer or
disposition of the Premises, except that if such sale, transfer or disposition occurs
during the first 20 years of this Lease, Lessee shall be reimbursed the depreciated cost
of the Well Site as stated in Section 1.2 of this Lease.
2.9.8 Condemnation: If any portion of the Premises is taken or acquired by eminent
domain or otherwise for a public or quasi-public use, and any part of the Premises
-29-
remains which is susceptible of occupation under this Lease, this Lease shall, as to the
part or parts so taken, terminate as of the date title or possession shall vest in the
condemnor. In the event all of the Premises or such part thereof so that there does not
remain a portion susceptible of occupation under this Lease, are taken or acquired,
this Lease shall thereupon terminate. Lessor shall be entitled to any and all
compensation awarded upon such condemnation, and Lessee hereby disclaims any
right to any such compensation. If such condemnation occurs during the first twenty
(20) years of this Lease, Lessee shall be reimbursed an amount equal to the amount of
compensation paid by the Condemning Agency to OCWD apportioned to the Well
Site, which amount shall not exceed the Depreciated Value of the Well Site, as stated
in Section 1.2 of this Lease.
2.9.9 V6'aiver of Claims: As a material part of the consideration to OCWD under the
Lease. Lessee hereby- waives any and all claims that it may have against OCWD
during the term of this Lease, or any extension or renewal thereof. for any damage to
goods, wares and merchandise upon or about the Premises, and for any injury to
Lessee, its employees, agents, invitees, or to third parties in or about the Premises,
from any cause arising at any time, except for acts arising out of OCWD's sole active
negligence or willful misconduct.
2.9.12 (Broker's Commission)—Deleted.
2.9.13 Disputes: In the event that any action is commenced by a party to this Lease
against the other to enforce its rights or obligations arising from this Lease or seeking
to interpret this Lease, the prevailing party in such action, in addition to any other
relief and recovery ordered by the court, shall be entitled to recover all statutory costs,
plus reasonable attorneys' fees. Should OCWD be named in any suit brought by any
third party against Lessee in connection with or in any way arising out of Lessee's
occupancy or use of the Premises under this Lease, Lessee shall indemnify and
defend OCWD in accordance with Paragraph 2.6 above.
2.9.14 Securitv Measures: Lessee acknowledges that the Premises are leased to and
accepted by Lessee in an '`as-is" condition, and that the rent payable from Lessee to
OCWD hereunder does not include the cost of security guard or any other security
services or measures. Lessee further acknowledges that OCWD makes no
representation or warranty, express or implied, regarding the security of the Premises
or the need for or propriety of any security measures at the Premises; and Lessee
further acknowledges that OCWD shall have no obligation whatsoever to provide
guard service or any other security measures. Lessee expressly assumes all
responsibility for the protection and security of the Well Site Area, Lessee, its agents,
employees, invites and property within the Well Site Area from any and all acts of
any third party.
-30-
2.9.17 OC WD's Liabilitv on Termination: Lessee hereby waives all damages or
claims for damage that may be caused by any action of OCWD in terminating this
Lease (either with or without cause), or taking possession of the Premises as provided
in this Lease or at law, and Lessee waives all claims for damages to or loss of such
property of Lessee as may be in or upon the Premises upon the termination of this
Lease, however. if OCWD terminates this lease for any reason other than nonpayment
of rent or Lessee being in default of the terms and conditions of this Lease, during
the first 20 years of this Lease, Lessee shall be reimbursed the depreciated cost of the
Well Site as stated in Section 1.2 of this Lease.
3.9 Paragraphs 2.10.1, 1-10.2(a). 2.10.2(c), 2.10.2(d)(iii), 2.10.3(a) and 2.10.3(d) of this
Lease are
replaced as follows: and Paragraphs 2.10.7 and 2.10.8 are added to Section 10
(Default & Termination) as follows:
2.10.1 Tenn and Prior Termination: This Lease shall continue for the term set forth
in Section 1.2, unless terminated earlier in accordance with another provision of this
Lease.
2.10.2(a)Lessee fails or refuses to pay to OCWD any portion of the Rental Payment
or other sum due hereunder when due, and such sum remains unpaid for thirty (30)
days after written notice to pay rent or surrender possession of the Premises is served
on Lessee by Lessor; or
2.10.2(c)Lessee abandons or vacates the Premises; provided however, that OCWD
provides a thirty (30) days written notice to Lessee of its belief of abandonment or
that the Premises has been vacated and Lessee (a) fails to respond; or (b) confirms in
writing that it has abandoned or vacated the Premises; or
2.10.2(d) (iii) Lessee allows any judgment against Lessee to remain unsatisfied or
un-bonded for a period of ninety (90) days or longer; or
2.10.31(a)Continue this Lease in effect by not terminating Lessee's right to possession
of the Premises, in which event OCWD shall be entitled to enforce all of OC WD's
rights and remedies under this Lease, including the right specified in Section 1.3
above, and recover from Lessee any amount necessary to compensate Lessor for all
detriment proximately caused by Lessee's failure to perform its obligations under the
Lease; or
2.10.3(d) In the event Lessee becomes insolvent, OCWD may. by giving thirty (30)
days notice to Lessee or to the person appointed to manage Lessee's affairs at the
address for such person appearing in the official records of the court that appointed
such person, terminate this lease and forfeit Lessee's interest in the Premises and in
any improvements or facilities on or appurtenant to the Premises.
-31-
2.10.7 This Lease shall automatically be revoked if Lessee has not completed
twenty-five percent (251.0) of the construction of the Well Site, on or before
September 30, 2018 ("Completion Date"). OCWD's General Manager or designee
may extend the Completion Date by giving written notice to Lessee in the event of
construction delays, or for other unforeseen causes beyond the control of the Lessee
as determined by OCWD's General Manager.
2.10.8 This Lease and its use shall be automatically revoked upon Lessee's
abandonment or destruction of said Well Site.
3.10 Paragraph 2.11.9 of this Lease is replaced as follows:
2.11.9 Precedence: In the event of any conflict between Parts of this Lease. Part I,
II, and III shall prevail over Exhibits A, B, C and D, Part I shall prevail over Part 11
and III, and Part III shall prevail over Part II.
[END SPECIAL LEASE PROVISIONS]
-32-
EXHIBIT "A"
LEGAL DESCRIPTON FOR WELL SITE AREA
PARCEL "1"
LEGAL DESCRIPTION
THAT PORTION OF LOT 20, BLOCK 36, YORBA LINDA TRACT, IN THE CITY OF
ANAHEIM. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
'IAP RECORDED IN BOOK 5. PAGES 17 AND 18. OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBES AS
FOLLOWS:
PAREL 1:
BEGINNING AT A POINT IN THE EAST LINE OF FEE ANA STREET AS SHOWN
ON A RECORD SURVEY BOOK 89 PAGE 41, WHICH BEARS SOUTH 00030'39"
WEST 6.63 FEET FROM THE NORTHWEST CORNER OF SAID LOT 20, AND SAID
POINT BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG EAST LINE OF FEE ANA STREET SOUTH 00030'39" WEST 11.16
FEET TO THE POINT OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 56.00 FEET, A RADIAL BEARING THROUGH SAID
POINT NORTH 49058'30" EAST; THENCE NORTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40033'26", A DISTANCE OF
39.62 FEET; THENCE NORTH 65°29'40" EAST A DISTANCE OF 58.00; THENCE
NORTH 00030'39" EAST A DISTANCE OF 23.00; THENCE SOUTH 89°27'37" EAST
A DISTANCE OF 66.00 FEET TO THE POINT OF TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2,340 SQUARE FEET OR
0.053 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART
HEREOF.
-33-
EXHIBIT "A"
LEGAL DESCRIPTION FOR CONSTRUCTION AND MAINTENANCE AREA
PARCEL "2"
LEGAL DESCRIPTION
THAT PORTION OF LOT 20, BLOCK 36, YORBA LINDA TRACT, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP RECORDED IN BOOK 5. PAGES 17 AND 18 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS
FOLLOWS:
PARCEL 2:
BEGINNING AT A POINT IN THE EAST LINE OF FEE ANA STREET AS SHOWN
ON A RECORD SURVEY BOOK 89 PAGE 41, WHICH BEARS SOUTH 00030'39"
WEST 6.63 FEET FROM THE NORTHWEST CORNER OF SAID LOT 20, AND SAID
POINT BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89027'37" EAST 66.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89027'37"EAST A DISTANCE OF 85.00 FEET;
THENCE NORTH 00030'39"EAST A DISTANCE OF 23.00 FEET;
THENCE SOUTH 89027'37"EAST A DISTANCE OF 47.30 FEET;
THENCE NORTH 65029'40" EAST A DISTANCE OF 90.75 FEET TO A POINT ON THE
CUL-DE-SAC OF FEE ANA STREET, SAID POINT ON A CURVE CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 44.00 FFET, A RADIAL BEARING
THROUGH SAID POINT BEING NORTH 70057'18"EAST;
THENCE NORTHEASTERLY ALONG THE SAID CURVE THROUGH A CENTRAL
ANGLE OF 20059'l 9",A DISTANCE OF 16.11 FEET:
THENCE LEAVING CURVE CONCAVE NORTH 65029'40" EAST A DISTANCE OF
58.00 FEET;
THNECE NORTH 00030'39" EAST A DISTANCE OF 23.00 FEET TO THE POINT OF
TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 3,134 SQUARE FEET
OR 0.0719 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
-34-
EXHIBIT "A"
LEGAL DESCRIPTION FOR PIPELINE EASEMENT
APPUTENANT PREMISES (1)
LEGAL DESCRIPTION
THAT PORTION OF LOT 19, BLOCK 36, YORBA LINDA TRACT, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
CTAP RECORDED IN BOOK 5. PAGES 17 AND 18, OF MISCELLANEOUS
MAPS. AND PARCEL �1AP RECORDED IN BOOK 25. PAGE L OF PARCEL AAPS.
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN EAST LINE OF RICHFIELD ROAD AS SHOWN ON
SAID PARCEL MAP BOOK 25, PAGE 12, WHICH BEARS SOUTH 00032'41" WEST
126.61 FEET FROM THE NORTHWEST CORNER OF SAID LOT 19, SAID POINT
BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG THE EAST LINE OF RICHFIELD ROAD SOUTH 00032"41" WEST A
DISTANCE OF 15.00 FEET;
THENCE SOUTH 89027'37 EAST 732.50 FEET TO THE POINT OF THE EASTERLY
COMMON BOUNDARY LINE OF LOTS 19 AND 20 AS SHOWN ON A RECORD OF
SURVEY FILED IN BOOK 89, PAGE 41 RECORD OF SURVEYS IN THE OFFICE OF
'THE RECORDER,COUNTY OF ORANGE, STATE OF CALIFORNIA:
THENCE LEAVING SAID EASTERLY LINE SOUTH 89°2737" EAST 15.00 FEET;
THENCE SOUTH 00032'41"WEST 15.00 FEET;
THENCE SOUTH 8902737" EAST A DISTANCE OF 15.00 FEET TO THE POINT OF
THE NORTHERLY LINE OF LOT 19 AS SHOWN ON PARCEL MAP FILED IN
BOOK 25, PAGE 12, THENCE SOUTH 89°27'37" EAST 732.50 FFET TO THE
POINT OF TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 11,212 SQUARE FEET
OR 0.2574 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT-13"ATTACHED HERETO AND MADE A PART HEREOF.
-35-
EXHIBIT "A"
LEGAL DESCRIPTION FOR WASTELINE EASEMENT
APPURTENANT PREMISES (2)
LEGAL DESCRIPTION
THAT PORTION OF LOT 20, BLOCK 36, YORBA LINDA TRACT, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP RECORDED IN BOOK 5, PAGES 17 AND 18 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE EAST LINE OF FEE ANA STREET AS SHOWN ON
A RECORD SURVEY BOOK 89 PAGE 41. WHICH BEARS SOUTH 00030'39"
WEST 6.63 FEET FROM THE NORTHWEST CORNER OF SAID LOT 20, AND SAID
POINT BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89027'37"EAST A DISTANCE OF 66.00 FEET;
THENCE NORTH 00030'39"EAST A DISTANCE OF 23.00 FEET;
THENCE NORTH 65029'40" EAST A DISTANCE OF 18.12 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE SOUTH 24030'20" EAST A DISTANCE OF 40.00 FEET;
THENCE NORTH 65029'40" EAST A DISTANCE OF 15.00 FEET;
THENCE SOUTH 24030'20"EAST A DISTANCE OF 40.00 FEET;
THENCE NORTH 65029'40" EAST A DISTANCE OF 15.00 FEET TO THE POINT OF
TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 600 SQUARE FEET OR
0.0138 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT"B'' ATTACHED HERETO AND MADE A PART HEREOF.
-36-
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YORBA LINDA WATER DISTRICT DATE:
1717 E.MIRALOMAAVENUE WELL SITE NO.22 AND APPURTENANT PREMISES O4125rZ016
PLACENnA,CALIFORNIA 92870 FILENAME:
(714)701-$100 J200922
ITEM NO. 14.1
AGENDA REPORT
Meeting Date: September 22, 2016
Subject:Meetings from September 23, 2016 - October 31, 2016
ATTACHMENTS:
Name:Description:Type:
BOD_-_Activities_Calendar.pdf Backup Material Backup Material
Event Date Attendance by:
September 2016
Citizens Advisory Committee Meeting Mon, Sep 26 Melton
Interagency Committee Meeting with MWDOC and OCWD Tue, Sep 27 Collett/Melton
OCSD Wed, Sep 28 Kiley/Beverage
Yorba Linda Planning Commission Wed, Sep 28 Hawkins
ISDOC Thu, Sep 29 Kiley
October 2016
Yorba Linda City Council Tue, Oct 4 Beverage
MWDOC Wed, Oct 5 Melton
OCSD Operations Committee Wed, Oct 5 Kiley/Beverage
OCWD Wed, Oct 5 Collett
WACO Fri, Oct 7 Hawkins/Kiley
CSDA Annual Conference Mon, Oct 10 Kiley
CSDA Annual Conference Tue, Oct 11 Kiley
CSDA Annual Conference Wed, Oct 12 Kiley
LAFCO Wed, Oct 12 Beverage (As Needed)
Yorba Linda Planning Commission Wed, Oct 12 Melton
Board of Directors Regular Meeting Thu, Oct 13
Yorba Linda City Council Tue, Oct 18 Collett
MWDOC Wed, Oct 19 Melton
OCWD Wed, Oct 19 Kiley
YL State of the City Thu, Oct 20 Collett/Hawkins/Melton
Citizens Advisory Committee Meeting Mon, Oct 24 Melton
OCSD Wed, Oct 26 Kiley/Beverage
Yorba Linda Planning Commission Wed, Oct 26 Hawkins
Board of Directors Regular Meeting Thu, Oct 27 8:30AM
8:30AM
5:30PM
11:30AM
8:30AM
6:00PM
6:30PM
8:00AM
8:00AM
8:00AM
6:30PM
8:30AM
6:30PM
6:30PM
8:30AM
5:00PM
5:30PM
7:30AM
8:00AM
4:00PM
6:00PM
6:30PM
11:30AM
Board of Directors Activity Calendar
Time
8:30AM
9/19/2016 7:06:24 AM
ITEM NO. 15.1
AGENDA REPORT
Meeting Date: September 22, 2016
Subject:ISDOC - September 29, 2016
OCSD State of the District - October 14, 2016
CRWUA Annual Conference - December 7-9, 2016
STAFF RECOMMENDATION:
That the Board of Directors approve Director attendance at these events if desired.
ATTACHMENTS:
Name:Description:Type:
ISDOC_Luncheon.pdf Backup Material Backup Material
OCSD_Event.pdf Backup Material Backup Material
CRWUA_Conf.pdf Backup Material Backup Material
ISDOC Quarterly Luncheon - September 29, 2016
When
Thursday September 29, 2016
from 11:30 AM to 1:00 PM PDT
Add to Calendar
Where
MWDOC/OCWD Joint
Boardroom
18700 Ward Street
Fountain Valley, CA 92708
Driving Directions
Connect with ISDOC
You are cordially invited to our next Quarterly Luncheon
Meeting of the Independent Special Districts of Orange
County (ISDOC) on Thursday, September 29, 2016 from
11:30 a.m. - 1:00 p.m.
Our featured luncheon speakers will be John Seiler and Teri
Sforza!
John Seiler, columnist for Fox&Hounds Daily, a
website designed to discuss and explain the
confluence of politics and business in California. Mr.
Seiler will also share information about this site's
mission of influencing the political debate from a
unique perspective concerned with a vibrant economy
and economic growth in the Golden State.
Teri Sforza birthed the Orange County Register's OC
Watchdog column aimed at keeping a critical (but
good-humored!) eye on those holding the public purse
strings. Specializing in consumer-oriented government
reporting, OC Watchdog won first place for public
service from the California Newspapers Publishers
Association in 2010. Ms. Sforza will provide a
Watchdog's Perspective of the OC Water World.
Friday, September 23rd is the last day to register at the $17
rate. It goes up to $20 on September 24, 2016. We kindly
request that you register in advance so we can provide our
caterer with an accurate meal count.
Come hear from our great speakers, get the ISDOC Executive
Committee election results, network with your fellow special
district members, and learn something new. Hope to see you
on September 29!
Register Now!
For additional information regarding this event, please contact
Heather Baez at (714) 593-5012.
Sincerely,
Mike Scheafer
President
Independent Special Districts of Orange County
ORANGE COUNTY SANITATION DISTRICT
OF
1
LLM.
BREAKFAST
Friday, Octo 14, M
8 a.m. - 10 a.m.
(Optional one hour plant tour immediately following program)
Join John Nielsen. Board Chair
Greg Sebourn, Board Vice Chair
and Jim Herberg, General Manager
as we discuss our accomplishments and
exciting advances.
LOCATION
Orange County sanitation Dirbict
10844 Ellis Avenue,Fountain Valley,CA 927013
For questions,email:forinform&Wr%@ocsd.com
or call 714-593.7144
rin a�n'�
2016 CRWUA Conference Information
_________________________________________________________________________________
Registration Fee
Registration is $475 if paid by November 30. (On-site registration is $500.) This includes
one entrance to conference sessions; one Thursday caucus breakfast meeting and one
Thursday lunch; as well as entry to the Percolation and Runoff that Thursday evening.
Retiree registration is $238 if paid by November 30 and includes the same as above. You
are considered a retiree only if you are fully retired and paying your own way. If a district,
association or organization is paying your registration fee, you are not considered a retiree
for this purpose.
Please send your completed Registration Forms and check or credit card authorization to:
1001 S. Valley View Blvd., MS 760, Las Vegas, NV 89153 or FAX: (702) 822-8530
NOTE : There is no single-day registration. Fee is for one and all events.
Registration fee does not include hotel accommodations.
Online Registration
Registration is also available on-line by visiting CRWUA's web site at: www.crwua.org
If you are paying by check, you are still encouraged to register on-line and select “check” as
your payment option.
Membership Dues
Individual membership dues are $30 and must be paid to attend the conference. Organizational dues do not apply.
Registration Deadline
November 30 is the deadline for early registration discount. After that date, on-site registration is $500 or if retired, $263,
and may be paid by check or credit card (VISA, MasterCard, AMEX or Discover). All early registrations must be received by
November 30. After that date, registration must be made on-site.
Meals
Additional Thursday luncheon tickets may be purchased. Preregistration cost: $60.00. On-site cost: $65.00
Breakfast tickets are not available for purchase. The caucus breakfast is a business meeting and only current, paid
members may attend.
Spouses/Guests
Each paid conference registration allows participants to bring one guest. Guests may participate in the Thursday morning
spouse/guest breakfast and program and visit the exhibit hall. There is no charge for these functions, but guests must
preregister. Separate paid registration or ticket is required for all other conference activities.
Optional Tour
There will be an optional tour to the Hoover Dam offered for an additional cost. Tour cost: $25 per person. There is
limited space available on the tour. Tour may be cancelled based on interest; if tour is cancelled, refunds will be given.
Cancellation / Refund / Substitution Policy
Please e-mail all cancellation/refund/substitution requests to Mitch Bishop at mitch.bishop@snwa.com by November 30
or by fax at (702) 822-8530.
Substitution requests after November 30 will be handled on-site.
There is a processing fee of $75 on registration refunds after November 12. Refunds will be processed after the
completion of the conference. No refunds after November 30.
Hotel Reservations
Room reservations are guaranteed in the Palace Tower at $126. November 12 is the deadline for room reservations.
Contact Caesars Palace directly at 1-866-227-5944 to reserve your room. Be sure to mention the Conference Code of
SCCOL6. You can also reserve your room online at https://resweb.passkey.com/go/SCCOL6
Questions: Call Mitch Bishop or Stacey Robb at (702) 258-3939, or e-mail them at mitch.bishop@snwa.com or stacey.robb@snwa.com
Dates to Remember
November 12 – Last day to
reserve a hotel room at
Caesars Palace and receive
the group rate.
November 12 – Final day to
request a full refund.
November 30 – Last day to
request a refund, less $75
processing fee.
November 30 – Deadline for
online registration. After
November 30, you must
register on-site.
2016 ANNUAL CONFERENCE
Preregistration Form
Caesars Palace • Las Vegas • December 14 - 16
Fill in completely – Please Print/Type Clearly
Registrant ____________________________________________________ ______________________________________________________
(Name) (Name badge to read – FIRST NAME ONLY) Spouse/Guest* _________________________________________________ ______________________________________________________
(Only if attending) (Name badge to read – FIRST NAME ONLY)
Please indicate if your spouse/guest will be attending: □ Thursday, Spouse/Guest Program
*One guest allowed per paid registration. Guests may participate in Thursday Spouse/Guest Program and visit the exhibit hall. Company ____________________________________________________________________________________________________________
Address _____________________________________________________________________________________________________________
City______________________________________________________________ State ________________________ Zip __________________
Phone _______________________________________E-Mail___________________________________________________________________
Amount Paid Early Registration Package Before Nov. 30 $475 $_____________
Includes registration, one Thursday caucus breakfast meeting and one Thursday lunch (On-site - $500)
________________________________________________________________________________________________ Retiree Early Registration Package Before Nov. 30 $238 $_____________
Considered a retiree if fully retired and paying your own way. (On-site - $263)
If district, association or organization is paying registration fee,
you are not considered a retiree for this purpose. Includes the same as above.
________________________________________________________________________________________________
Additional Thursday Lunch Tickets ______ (Quantity @ $60 each; On-site @ $65 each) $60 $_____________
________________________________________________________________________________________________
2016 Individual Membership Dues $30 $_____________
If not previously paid. Membership dues are required to attend conference. Organizational dues do not apply.
________________________________________________________________________________________________
Optional Tour – Wednesday morning, Dec.14, Hoover Dam ______ (Qty @ $25 each) $25 $_____________
Reservation deadline – Nov. 30
________________________________________________________________________________________________ Total $_____________
□ Visa □ MasterCard Card Number_____________________________________________ Expiration Date _______________________
□ AMEX □ Discover Cardholder Name ______________________________________________________________
(Please print)
Cardholder Signature____________________________________________________________
(Must be signed to process credit card payment) Make check or money order payable to CRWUA. Mail or fax this form with payment to: Online Registration: Questions: Phone:
CRWUA www.crwua.org Mitch Bishop – mitch.bishop@snwa.com (702) 258-3939
1001 S. Valley View Blvd., MS 760 Stacey Robb – stacey.robb@snwa.com
Las Vegas, NV 89153
Fax: (702) 822-8530