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HomeMy WebLinkAbout2007-11-08 - Board of Directors Meeting Agenda Packet Agenda Packet Regular Meeting of the Board of Directors November 8, 2007 8:30 a. m. 4622 Plumosa Drive, Yorba Linda, CA 92886 S L } L Yorba Linda Water District A AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, November 8, 2007, 8:30 A.M. 4622 Plumosa Drive, Yorba Linda - (714) 701-3020 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Ric Collett, President John W. Summerfield, Vice President Paul R. Armstrong Michael J. Beverage William R. Mills INTRODUCTION OF VISITORS AND 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 this 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 this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. SPECIAL RECOGNITION Introduce newly hired employees: Cindy Mejia, Assistant Administrator; Freddie Ojeda, Maintenance Distribution Operator III; and Francisco Quintero, Maintenance Worker I. CONSENT CALENDAR (Items 1 through 4) 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, the staff, or the public requests further consideration. 1. Minutes of the Regular Board of Directors meeting held October 25, 2007. Recommendation: Approve the minutes as presented. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $652,598.84. 3. Progress Payment for the New Administration Building. Recommendation: Approve Progress Payment No. 8 in the net amount of $576,821.86 to J.E. Grant General Contractors for construction of the New Administration Building, Job No. 200313. -1- 4. Terms & Conditions for Water Service with National Community Renaissance for their project located at 4672 Plumosa Drive, Yorba Linda. Recommendation: Approve the Terms & Conditions for Water Service with National Community Renaissance, Job No. 200705 ADJOURN TO CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. 5. None ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board actions. 6 Consider approval of a Ground Lease Agreement with STC One, LLC, a Delaware limited liability company, by and through its attorney in fact, Global Signal Acquisitions III LLC, a Delaware limited liability for the cell tower at the Highland Avenue Reservoir. Recommendation: That the Board of Directors authorize the President and Secretary to execute the Agreement subject to review as to form by General Counsel. 7. Consider amendments to the Board of Directors Rules of Organization and Procedures. Recommendation: That the Board of Directors adopt Resolution No. 07-16. A Resolution of the Board of Directors of the Yorba Linda Water District amending the Board of Directors Rules for Organization and Procedures and that Resolution No. 97-01 be immediately rescinded. 8. Consider authorizing Director William R. Mills to serve as the agency delegate at the ACWA Conference. Recommendation: That the Board of Directors: 1) authorize Director Mills to vote at the ACWA Fall Conference on behalf of YLWD; and 2) provide voting instructions to Director Mills. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District's interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 9. Report on Legislative Activities - Report by Townsend Associates. Recommendation: This is for information only. -2- REPORTS, INFORMATION ITEMS AND COMMENTS 10. a. President's Report b. Directors Reports c. General Managers Report d. General Counsel's Report COMMITTEE REPORTS 11. a. Executive-Administrative-Organizational Committee (Collett/Summerfield) Alternate: Armstrong 1) Meeting scheduled for November 20, 4:00 p.m. b. Finance-Accounting Committee (Mills/Beverage) Alternate: Summerfield 1) Meeting scheduled for November 13, 4:00 p.m. has been changed to November 9, 8:30 a.m. c. Personnel-Risk Management Committee (Summerfield/Armstrong) Alternate: Mills 1) Meeting scheduled for November 14, 4:00 p.m. d. Planning-Engineering-Operations Committee (Armstrong/Mills) Alternate: Collett 1) Meeting scheduled for November 1, - Meeting Cancelled 2) Meeting scheduled for December 6, 4:00 p.m. e. Public Information Committee (Collett/Beverage) Alternate: Armstrong 1) Minutes of meeting held November 6 will appear in the Board Agenda for November 21. 2) Meeting scheduled for December 4, 4:00 p.m. f. Building Ad Hoc Committee (Sum merfield/Beverage) Alternate: Armstrong 1) Meeting scheduled for November 15, 4:00 p.m. -3- g. MWDOC Ad Hoc Committee (Beverage/Collett) Alternate: Mills 1) Meeting scheduled for December 1. h. City of Placentia Ad Hoc Committee (Beverage/Payne) 1) Meeting to be scheduled. INTERGOVERNMENTAL MEETINGS 12. a. Yorba Linda Fiesta Days, October 29 - Cancelled b. MWDOC Board, October 30, (Staff) c. WACO, November 2 (Mills) d. Yorba Linda City Council, November 6 (Collett) e. MWDOC/MWD Joint Workshop, November 7 (Staff) f. OCWD Board, November 7 (Staff) BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after November 8, 2007. Agenda is available in the District office prior to meeting. November 2007 Finance-Accounting Committee, Nov 9 Mills/Beverage Observance of Veterans' Day Holiday, Nov 12 Offices Closed Personnel-Risk Management Committee, Nov 13, 4:00 .m. Summerfield/Armstron Yorba Linda Planning Commission, Nov 14, 6:30 .m. Armstrong Building Ad Hoc Committee, Nov 15, 4:00 p.m. Summerfield/Bevera e Executive-Admin-Or anizational Committee, Nov 20, 4:00 .m. Collett/Summerfield Yorba Linda City Council, Nov 20, 6:30 p.m. Mills Board of Directors Meeting, Nov 21, 8:30 a.m. MWDOC Board, Nov 21, 8:30 a.m. Staff OCWD Board, Nov 21, 5:00 .m. - Cancelled Staff Observance of Thanksgiving Holidays, Nov 22 & 23 Offices Closed Yorba Linda Planning Commission, Nov 28, 6:30 p.m. Summerfield -4- December 2007 Public Information Committee, Dec 4, 4:00 .m. Collett/Beverage Yorba Linda City Council, Dec 4, 6:30 .m. Collett MWDOC/MWD Joint Workshop, Dec 5, 8:30 a.m. Staff OCWD Board, Dec 5, 5:00 .m. Staff Plan nin -En ineerin -Operations Committee, Dec 6, 4:00 p.m. Armstrong/Mills WACO, Dec 7, 7:30 a.m. Mills Personnel-Risk Management Committee, Dec 10, 4:00 p.m. Summerfield/Armstron Finance-Accounting Committee, Dec 11, 4:00 .m. Mills/Beverage Yorba Linda Planning Commission, Dec 12, 6:30 .m. Armstrong Board of Directors Meeting, Dec 13, 8:30 a.m. Executive-Admin-Or anizational Committee, Dec 18, 4:00 .m. Collett/Summerfield Yorba Linda City Council, Dec 18, 6:30 p.m. Mills MWDOC Board, Dec 19, 8:30 a.m. Staff OCWD Board, Dec 19, 5:00 .m. Staff Building Ad Hoc Committee, Dec 20, 4:00 p.m. Summerfield/Bevera e Observance of Christmas Holiday, December 24 & 25 Offices Closed Yorba Linda Planning Commission, Dec 26, 6:30 .m. Summerfield CONFERENCES AND SEMINARS 13. Authorize attendance of Directors and such staff members of the District as approved by the General Manager to attend the following conferences and seminars. a. Orange County Water District - Groundwater Adventure tour - November 15, 2007 - 8:00 a.m. to 4:30 p.m. ADJOURNMENT A regular meeting of the Board of Directors is scheduled for Wednesday, November 21, 2007, at 8:30 a.m., at 4622 Plumosa Drive, Yorba Linda 92886. Accommodation 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 Michael A. Payne, General Manager/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. -5- 2007 BOARD OF DIRECTORS CALENDAR OCT NOV DEC S M T W T F S S M T W T F S S M T W T 'F S 1 2 3 4 5 6 1 2 3 1 7 8 9 10- 12 13 4 5 6 7- 9 10 2 3 4 5 6 7 8 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12® 14 15 21 22 23 24 ■ 26 27 18 19 20 22 23 24 16 17 18 19 20 21 22 28 29 30 31 25 26 27 28 29 30 23 24 25 26M 28 29 30 31 Holiday Nov 27-30, 2007 ACWA Fall Conference Board Meeting Dec 1 Employee Recognition Dinner Activities Dec 12-14 CRWUA Conference 2008 BOARD OF DIRECTORS CALENDAR JAN FEB MAR S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 1 2 1 6 7 8 9M 11 12 3 4 5 6 7 8 9 2 3 4 5 6 7 8 13 14 15 16 17 18 19 10 11 12 13M 15 16 9 10 11 12- 14 15 20 21 22 23 0 25 26 17 18 19 20 21 22 23 16 17 18 19 20 21 22 27 28 29 30 31 24 25 26 27 29 23 24 25 26 28 29 30 31 APR MAY JUN S M T W T F S S M T W T F S S M T W T F 1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 6 7 8 9M 11 12 4 5 6 7- 9 10 8 9 10 11- 13 14 13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 3 24 25 27 28 20 21 22 23. 25 26 18 19 20 21 - 23 24 22 !30 27 28 29 30 25 26 27 28 29 30 31 29 ITEM NO. f A' ROVED BY THE ECARD OF MECTO~S MINUTES OF THE OF THE YORBA LINCA WATER DISTRICT YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING V 0 8 200: October 25, 2007 E y- The October 25, 2007 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Collett at 9:30 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. DIRECTORS PRESENT AT ROLL CALL STAFF PRESENT Ric Collett, President Michael A. Payne, General Manager John W. Summerfield, Vice President Kenneth R. Vecchiarelli, Asst. G.M. Paul R. Armstrong Lee Cory, Operations Manager William R. Mills Leon de Los Reyes, Water Quality Engineer Amelia Cloonan, Exec. Secretary DIRECTORS ABSENT AT ROLL CALL Michael J. Beverage INTRODUCTION OF VISITORS AND PUBLIC COMMENTS Kevin Hunt, General Manager, Municipal Water District of Orange County Susan Janowicz, East Lake Village Homeowners Association SPECIAL RECOGNITION None - CONSENT CALENDAR (Items 1 through 3) M On a motion by Director Mills, seconded by Director Armstrong, the Board of Director voted 4-0 to approve the Consent Calendar, with President Collett abstaining from voting on check number 47628 of Item 2. 1. z Minutes of the Regular Board of Directors meeting held October 11, 2007. Recommendation: Approve the minutes as presented. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $1,416,937,69. 3. Progress Payment for Construction of the Lakeview Reservoir. Recommendation: Approve Progress Payment No. 5 in the net amount of $688,647.45 to SSC Construction, Inc. for construction of the Lakeview Reservoir Project, Job No. 200704. ADJOURN TO CLOSED SESSION 4. None -1- ACTION CALENDAR 5. Compromise Proposal for the Municipal Water District of Orange County Municipal Services Review. Kevin Hunt, MWDOC General Manager, presented a report on the compromise proposal between MWDOC and six south county agencies. The south county agencies have taken a very aggressive stance about any action Municipal Water District takes. Desalination was one of the issues. MWDOC's historic role has been to get projects in line and in process. This was the only thing Mr. Hunt believed could have created tension. Last year because they knew they were going into the MWDOC MSR process, they decided to take a proactive position. A meeting was held with agencies. On December_ 20~ they thought all was settled. When the LAFCO process commenced, their goal-was to secede from MWDOC. Six agencies signed the letter. A professional facilitator was hired. Compromises were reached. Some of the agreements included: "a 5% reduction in the budget for 2008/2009, the CPI index base is lowered, procedures for projects benefiting less than five agencies and costing more than $100,000 were clarified and rates and charges were considered. Irvine Ranch Water District asked to be allowed choice in some of their programs. Municipal Water District overhead was not being charged to any participants in the programs. Three cities are now being charged for the 'education program. The only item remaining in dispute is arbitration. One agency requested binding arbitration for dispute resolution. Non-binding mediation with the final decision to be left with the board was originally in the agreement that was accepted. A special closed session of the Board of MWDOC will be held on October 30 with a vote to be held on November 5. Mr. Hunt commented that the money used in this process should have been spent on member services. Director Milis asked if it is to the benefit of the District to employ a lobbyist also used by a lot. of other agencies. Mr. Hunt responded this is something that should be discussed. General Manager Payne asked how much it would cost YLWD and the other MWDOC member agencies if the south county agencies start pulling out of MWDOC programs. Mr. Hunt mentioned the public information effort, which is regional, might suffer increased costs to agencies if some agencies pulled out. The Board of Directors thanked Mr. Hunt for coming to the District to explain the issues. Kevin Hunt left the meeting at 10:02 a.m. -2- DISCUSSION ITEMS 6. None Susan Janowicz, East Lake Village Homeowners Association, asked to be recognized. She spoke about what she understood was discussed and decided on at the October 13 Board Meeting. She wants the status recorded in the minutes. General Manager Payne stated District staff met with several developers and contacted several pump companies. Ms. Janowicz asked when an outside consultant would be hired:, General Manager Payne stated the District anticipates a report to the Board of Directors in January. President Collett responded the Board wants to see the progress as much as the homeowners. Assistant General Manager Vecchiarelli said a draft will go to the PEO Committee in January and an analysis will go to the Board in January. Vice President Summerfield stated the District has to design a solution around the entire zone of low pressure. Ms. Janowicz reported she has received 100-150 complaints. The District needs this information to include in the consultants study. Assistant General Manager Vecchiarelli said the District is looking at the entire Zone 3 area. The District wants a consistent service level for minimum pressure and minimum fire flows. Priorities will be set coming out of the study. What is decided by January should go into setting an RFP (Request for Proposal), which will go into detail. Director Armstrong said this would be a precedence setting expenditure on capital projects. Ms. Janowicz left the meeting at 10:19 a.m. REPORTS, INFORMATION ITEMS AND COMMENTS 7. a. President's Report President Collett has read in the newspapers that other water agencies helped out-during the fires with pumping. Operations Manager Cory said the District is reviewing specifications on two trailer type emergency pumps for our use in order to help out during emergencies. Director Armstrong asked about trailer mounted pumps that were to have been donated by a developer for concessions. General Manager Payne stated this was never consummated. b. Directors Reports Director Mills received a copy of the letter signed and sent to Congressman Miller requesting federal assistance with financing for the Highland Reservoir. He also received a telephone call from Sean Fitzgerald of Townsend Public Affairs. Director Mills called Congressman Miller who said he had not had any luck getting this put in. Director Mills then called Congressman Calvert who asked for some information. Congressman Miller needs to fill out a form asking Congressman Calvert to put his item in. Director Mills assumes Congressman Miller will agree to have an earmark in the Bill. General Manager Payne spoke with Assemblymen Duvall and Huff and they have indicated their support for the District's project. Mr. Payne stated the Chino Hills escaped a fire this time but it was just a matter of time before Yorba Linda would face the same situation as the other fire storms. Director Mills has not heard back from Sean Fitzgerald. -3- President Collett commented that Townsend Public Affairs represents a lot of agencies. How effective they are is a concern. c. General Managers Report Assistant General Manager Vecchiarelli gave an update on the effect of the fires and winds. The corrugated roof at the Highland Reservoir was peeled back for a 30' x 20' area. Water Quality Engineer de los Reyes and the Production group immediately increased disinfection levels at the reservoir. Some debris did get into the reservoir. The results of testing samples will be in late today. Monitoring has been increased. Assistant General Manager Vecchiarelli continued to say the pump equipment has been removed from the site. Complete abandonment of the oil wells is in process. A contractor can then come out to abandon the reservoir. The plan is to have temporary tanks in place by this time next year. Construction, assuming financing is in place in December, will begin in March next year. General Manager Payne stated $1- 1/2 million of the bonds will be made available locally. Assistant General Manager Vecchiarelli reported drilling of pot holes was performed in connection with the Wu/Glenn lawsuit. There was very dense clay material in the area with very little transmission of water going through. On October 31, the District Health/Benefits Fair will take place in the EOC room at the Richfield Plant. Flu shots will be available in a limited quantity. Well No. 19, put in place through agreements with MWD et al, is running at 1,500 gpm, which is 85% of total projected.. d. General Counsel's Report General Counsel was not present. A recess was declared at 10:34 a.m. Michael Payne left the meeting. The Board reconvened at 10:40 a.m. All Directors were present. COMMITTEE REPORTS. 8. a. Executive-Administrative-Organizational Committee (Collett/Summerfield) Alternate: Armstrong 1) Minutes of meeting held October 16 will appear in the Board Agenda for November 8. President Collett reported the Committee considered the Board of Directors Rules of Organization and Procedures. He asked Directors to submit their feedback. The Committee also considered the Reorganization of the Board of Directors to select a President, Vice President and to Appoint Corporate Officers for calendar 2008 and the Annual Review and Consideration of the Board of Directors Compensation. The Committee recommends no change in the compensation. Discussion Items included: District investments, legislative activities, grant applications, water related issues in Orange County and LAFCO issues. Vice President Summerfield reported that he, President Collett and General Manager Payne met with LAFCO on October -4- 1. Assistant General Manager Vecchiarelli commented that LAFCO is not sure they should be involved in our dispute with OCWD. A follow-up meeting was held with LAFCO's mediator. The mediator thought it would be productive to get back with OCWD on a staff level. The General Manager of LAFCO, Joyce Crosswaithe's position is that they are not water specialists. 2) Meeting scheduled for November 20, 4:00 p.m. b. Finance-Accounting Committee (Mills/Beverage) Alternate: Summerfield 1) Director Mills reported that the Minutes of the meeting held October 9 appeared in the Agenda and were discussed at the last Board meeting. The Proposed Water Rates for 2007-08 and 2008-09 -were the main topic of discussion. Assistant General Manager Vecchiarelli stated the mailing of the District's public notice regarding the upcoming public hearing commences today, October 25. The notice announced the maximum potential increase. 2) Meeting scheduled for November 13, 4:00 p.m. c. Personnel-Risk Management Committee (Summerfield/Armstrong) Alternate: Mills 1) The Minutes of the meeting held October 8 were discussed at the last Board meeting. Topics discussed included: A joint emergency exercise drill between the Yorba Linda Water District and the City of Yorba Linda, a status,,,-,reports on current recruitments and new hires and risk management issues. Information about a proposed employment application was presented to the Committee.. 2) Meeting scheduled for November 14, 4:00 p.m. d. Planning-Engineering-Operations Committee (Armstrong/Mills) Alternate: Collett 1) Meeting scheduled for November 1, 9:00 a.m. e. Public Information Committee (Collett/Beverage) Alternate: Armstrong 1) Meeting scheduled for November 6, 4:00 p.m. f. Building Ad Hoc Committee (Summerfield/Beverage) Alternate: Armstrong 1) Meeting scheduled for November 15, 4:00 p.m. -5- g. MWDOC Ad Hoc Committee (Beverage/Collett) Alternate: Mills 1) The Minutes of the meeting held October 16 will appear in the Board Agenda for November 8. Director Armstrong attended the meeting as alternate for President Collett. MWDOC Director Brett Barbre and General Manager Kevin Hunt attended. The Committee discussed the MWDOC LAFCO MSR Process Conclusion, the water bond issue status, water availability and latest news on Met water rates. 2) A Meeting needs to be scheduled for December. h. City of Placentia Ad Hoc Committee_ (Beverage/Payne) 1) Meeting to be scheduled. INTERGOVERNMENTAL MEETINGS 9. a. Placentia Heritage Festival, October 13. The District manned a float in the Placentia Heritage parade on Saturday, October 13. Participants from the District included: Ruben Gonzales, Todd Howard and Mando Raya. b. Yorba Linda City Council, October 16. Director Mills attended. The downtown temporary parking issue was discussed. c. MWDOC Board, October 17.--- Michael Payne was not present to report on the meeting. d. OCWD Board, October 17. Michael Payne was not present to report on the meeting. e. Yorba Linda Planning Commission Special Meeting, October 23. Vice President Summerfield attended. The Glenn development was continued (property immediately adjacent to the Highland Reservoir). A two-year extension to the Friends Christian High School project was discussed. Move in is projected for 2010. There are oil wells on the property. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after October 25, 2007. Agenda is available in the District office prior to meeting. -6- October 2007 Yorba Linda Fiesta Days, Oct 27, 10:00 a.m. to 3:00 .m. Cancelled due to smoke November 2007 Planning-Engineering-Operations Committee, Nov 1, 9:00 a.m. Armstrong/Mills WACO, Nov 2, 7:30 a.m. Mills Public Information Committee, Nov 6, 4:00 .m. Collett/Beverage Yorba Linda City Council, Nov 6, 6:30 p.m. Collett MWDOC/MWD Joint Workshop, Nov 7, 8:30 a.m. Staff OCWD Board, Nov 7, 5:00 .m. Staff Veterans' Da Holiday, Nov 12 Offices Closed Finance-Accounting Committee, Nov 13, 9:00 a.m. Mills/Beverage Personnel-Risk Management Committee, Nov 14, 4:00, .m. Summerfield/Armstron Yorba Linda Planning Commission, Nov 14, 6:30 .m. Armstron- Buildin Ad Hoc Committee, Nov 15, 4:00 p.m. Summerfield/Bevera e Executive-Admin-Or anizational Committee, Nov 20, 4:00 p.m. Collett/Summerfield Yorba Linda City Council, Nov 20, 6:30 .m. Mills Board of Directors Meeting, Nov 21, 8:30 a.m. MWDOC Board, Nov 21, 8:30 a.m. Staff OCWD Board, Nov 21, 5:00 p.m. Staff -Thanksgiving Holiday, Nov 22 & 23 Offices Closed Yorba Linda Planning Commission, Nov 28, 6:30 M. Summerfield December 2007 Public Information Committee, Dec 4, 4:00 p.m.,- Collett/Beverage Yorba Linda City Council, Dec 4, 6:30 .m. Collett MWDOC/MWD Joint Workshop, Dec 5, 8:30 a.m. Staff OCWD Board, Dec 5, 5:00 .m. Staff Planning-Engineering-Operations Committee, Dec 6, 4:00 p.m. Armstrong/Mills WACO, Dec 7, 7:30 a.m. Mills Personnel-Risk Management Committee, Dec 10, 4:00 .m. Summerfield/Armstron -Finance-Accounting Committee, Dec 11, 4:00 .m. Mills/Beverage Yorba Linda Planning Commission, Dec 12, 6:30 .m. Armstrong Executive-Admin-Or anizational Committee, Dec 18, 4:00 p.m. Collett/Summerfield Yorba Linda City Council, Dec 18, 6:30 .m. Mills MWDOC Board, Dec 19, 8:30'a. m. Staff OCWD Board, Nov 21, 5°00 p.m. Staff -Building Ad Hoc Committee, Dec 20, 4:00 .m. Summerfield/Bevera e December 24 and December 25 - Holidays Offices Closed Yorba Linda Planning Commission, Dec 26, 6:30 .m. Summerfield -7- CONFERENCES AND SEMINARS 10. Authorize attendance of Directors and such staff members of the District as approved by the General Manager to attend the following conferences and seminars. a. Water Policy Forum & Dinner, Speaker Celeste Cantu, G.M. Santa Ana Watershed Project Authority, Thursday, November 1, 6:30-8:30 p.m., Doubletree Hotel. No Directors could attend. ADJOURNMENT On a motion by Director Mills, seconded by Vice President Summerfield, the Board of Directors voted 4-0 to adjourn at 11:02 a.m. to a regular meeting of the Board of Directors scheduled for Thursday, November 8, 2007, at 8:30 a.m., at 4622 Plumosa Drive, Yorba Linda 92886. -8- ITEM NO. 2 AGENDA REPORT VPROVED BY THE BOARD OF DIRECTORS OF TAE YORBA LINCA WATER DISTRICT Board Meeting Date: November 8, 2007 V 0 8 200; To: Board of Directors n From: Michael A. Payne, General Manager ,Y Staff Contact: Diane Cyganik, Finance Director Reviewed by General Counsel: N/A Budgeted: Yes Dept: Bus Funding Source: All Funds CEQA Account No: N/A Job No: N/A Compliance: N/A Estimated Costs: $652,598.84 Subject: Payments of bills, refunds, and wire transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. DISCUSSION: The major items and wire transfers on this disbursement list are as follows: A wire of $67,598.48 to ACWA-HBA for November 2007 health premium; a wire of $244.08 to ACWA- EAP for November 2007 EAP; a wire of $23,772.00 to ACWA-JPIA for July 2007 to September 2007 workers' compensation premium; a check of $44,361.05 to GCI Construction for Job No. 0614 retention payment; a check of $70,756.49 to Pulte Homes for Job. No. 0004 MWDOC refund OC89; and, a check of $70,756.49 to Shapell Industries for Job No.0120 MWDOC refund OC89. The balance of $174,121.78 is routine invoices. In summary, the check register total is $451,610.37; payroll No. 21 total is $200,988.47 and the disbursements of this agenda report are $652,598.84. A summary of the checks is as follows: Payables: Computer Checks Check Nos. 47664 - 47752 Payroll #21: Computer Checks Check Nos. 3599 - 3606 Manual Checks Check Nos. 3607 - 3614 The disbursement total for the current period is $652,598.84, distributed as follows: Water $ 634,911.30 Sewer $ 17,415.83 ID #1 $ 58.13 ID #2 $ 213.58 TOTAL $ 652,598.84 PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $652,598.84. November 8, 2007 CHECK NUMBERS: 47664 TO 47752 $ 359,995.81 WIRES: W-102607 ACWA-HBA $ 67,598.48 W-1 02607A ACWA-EAP $ 244.08 W-103107 ACWA-JPIA $ 23,772.00 $ 91,614.56 TOTAL OF CHECKS AND WIRES: $ 451,610.37 PAYROLL NO. 21: CHECK NUMBERS: 3599 TO 3614 $ 200,988.47 TOTAL: $ 652,598.84 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF NOVEMBER 8, 2007 TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS AS FOLLOWS: WATER $ 634,911.30 SEWER $ 17,415.83 ID#1 $ 58.13 ID#2 $ 213.58 TOTAL: $ 652,598.84 Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 10-26-07 THRU 11-08-07 Check. Check... Posting. Vendor Name Check..... No Date Date Amount 47667 11-08-07 11-08-07 AAA ELECTRIC MOTOR SALES SVC 426.26 47668 11-08-07 11-08-07 ABIGAIL ABBOTT STAFFING SVC 3,070.38 102607 10-26-07 10-26-07 ACWA-HBA 67,598.48 02607A 10-26-07 10-26-07 ACWA-HBA 244.08 103107 10-31-07 10-31-07 ACWA/JPIA 23,772.00 47669 11-08-07 11-08-07 ALJON GRAPHICS, INC 321.09 47670 11-08-07 11-08-07 ANAHEIM WHEEL & TIRE 203.00 47664 11-08-07 11-08-07 APOLLONIA DELVALLE 9.32 47671 11-08-07 11-08-07 ARTISTIC MAINTENANCE, INC 614.50 47672 11-08-07 11-08-07 AT&T 45.51 47673 11-08-07 11-08-07 AT&T/MCI 3,485.77 47674 11-08-07 11-08-07 ATWOOD SALES 217.39 47675 11-08-07 11-08-07 AVP PRINTING*DO NOT USE-SEE119 187.49 47676 11-08-07 11-08-07 BELL PIPE & SUPPLY 600.04 47677 11-08-07 11-08-07 BEST VALUE ROOFING COMPANY 59.00 47665 11-08-07 11-08-07 BETTY ADAMS 15.77 47678 11-08-07 11-08-07 BILCO CO. 96.66 47679 11-08-07 11-08-07 C & L REFRIGERATION CORP. 562.96 47680 11-08-07 11-08-07 CADET UNIFORM SERVICE 826.86 47681 11-08-07 11-08--07 CHAU LE 316.74 47682 11-08-07 11-08-07 CITY OF YORBA LINDA 3,235.34 47683 11-08-07 11-08-07 CLA-VAL CO. 2,036.22 47684 11-08-07 11-08-07 COASTLINE EQUIPMENT 239.96 47685 11-08-07 11-08-07 COMPUSA, INC. 195.89 47686 11-08-07 11-08-07 CONSOLTECH RESOURCES, INC 650.00 47687 11-08-07 11-08-07 CULLIGAN 2,955.50 47688 11-08-07 11-08-07 DANGELO CO. 868.47 47689 11-08-07 11-08-07 DAPPER TIRE CO. INC. 2,812.34 47690 11-08-07 11-08-07 DELL MARKETING L.P. 5,666.46 47691 11-08-07 11-08-07 DICK'S LOCK & SAFE INC. 165.00 47692 11-08-07 11-08-07 DIEHL, EVANS & COMPANY 275.00 47693 11-08-07 11-08-07 DME INCORPORATED 2,262.35 47694 11-08-07 11-08-07 DOUGLAS PAUL SARVIS 1,350.00 47695 11-08-07 11-08-07 DSR COMPANY 501.04 47696 11-08-07 11-08-07 EISEL ENTERPRISES, INC. 7,849.91 Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 10-26-07 THRU 11-08-07 Check. Check... Posting. Vendor Name Check..... No Date Date Amount 47697 11-08-07 11-08-07 EMPLOYEE RELATIONS, INC. 159.50 47698 11-08-07 11-08-07 FAIRWAY FORD SALES, INC. 2,853.62 47699 11-08-07 11-08-07 FREDDIE OJEDA 107.74 47700 11-08-07 11-08-07 FRY'S ELECTRONICS 269.34 47701 11-08-07 11-08-07 GCI CONSTRUCTION INC. 44,361.05 47702 11-08-07 11-08-07 GORM, INC. 1,586.52 47703 11-08-07 11-08-07 HAAKER EQUIPMENT CO. 1,741.98 47704 11-08-07 11-08-07 HALL & FOREMAN, INC 177.62 47705 11-08-07 11-08-07 HENRY PRATT COMPANY 978.05 47706 11-08-07 11-08-07 HOME DEPOT CREDIT SERVICES 133.13 47707 11-08-07 11-08-07 INFOSEND 2,056.82 47708 11-08-07 11-08-07 INTERIORS BY JANI-TRESS 1,225.18 47709 11-08-07 11-08-07 JOHN TODD HOWARD 99.95 47710 11-08-07 11-08-07 KEN MENDUM 992.42 47711 11-08-07 11-08-07 KTS SERVICES, INC. 2,548.71 47666 11-08-07 11-08-07 LARRY FROWICK 120.04 47712 11-08-07 11-08-07 LEE CORY 105.00 47713 11-08-07 11-08-07 LEHIGH SAFETY SHOE CO 74.34 47714 11-08-07 11-08-07 LIBORIO LOPEZ 120.00 47715 11-08-07 11-08-07 MANAGEMENT ACTION PROGRAMS 3,100.00 47716 11-08-07 11-08-07 MOBILE HOSE & HYDRAULIC SUPPLY 830.43 47717 11-08-07 11-08-07 MODULAR SPACE CORPORATION 539.83 47718 11-08-07 11-08-07 MUNICIPAL WATER DISTRICT 493.00 47719 11-08-07 11-08-07 NICKEY PETROLEUM CO 4,526.10 47720 11-08-07 11-08-07 OAKSTONE WELLNESS 673.98 47721 11-08-07 11-08-07 OFFICE SOLUTIONS 976.40 47722 11-08-07 11-08-07 ONE STOP SIGNS & GRAPHICS 662.66 47723 11-08-07 11-08-07 ORANGE COUNTY - SANITATION DST 817.00 47724 11-08-07 11-08-07 ORANGE COUNTY - TAX COLLECTOR 208.90 47725 11-08-07 11-08-07 ORANGE COUNTY REGISTER 59.74 47726 11-08-07 11-08-07 PRAXAIR DISTRIBUTION 253.72 47727 11-08-07 11-08-07 PULTE HOMES 70,756.49 47728 11-08-07 11-08-07 R J SERVICES, INC 5,352.44 47729 11-08-07 11-08-07 SAFETY-KLEEN CORP. 277.24 47730 11-08-07 11-08-07 SC FUELS 1,606.66 Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 10-26-07 THRU 11-08-07 Check. Check... Posting. Vendor Name Check..... No Date Date Amount 47731 11-08-07 11-08-07 SCOTT W. MOULTON 2,720.37 47732 11-08-07 11-08-07 SHAPELL INDUSTRIES INC. 70,756.49 47733 11-08-07 11-08-07 SMITH PAINT OF ORANGE COUNTY 427.99 47734 11-08-07 11-08-07 SOUTHERN CALIF EDISON CO. 46,218.94 47735 11-08-07 11-08-07 SOUTHERN CALIF GAS CO. 11,478.47 47736 11-08-07 11-08-07 STACY BAVOL/PETTY CASH 440.20 47737 11-08-07 11-08-07 STAPLES 198.34 47738 11-08-07 11-08-07 STAPLES BUSINESS ADVANTAGE 95.42 47739 11-08-07 11-08-07 STATER BROS. MARKETS 35.92 47740 11-08-07 11-08-07 TECHNICAL RESOURCE GROUP 1,276.84 47741 11-08-07 11-08-07 TETRA TECH, ISG #1 65.45 47742 11-08-07 11-08-07 TIME WARNER CABLE 192.13 47743 11-08-07 11-08-07 U S BANK 2,750.00 47744 11-08-07 11-08-07 U S POSTMASTER 176.00 47745 11-08-07 11-08-07 UNITED INDUSTRIES 1,932.79 47746 11-08-07 11-08-07 UNITED TRAFFIC 1,345.80 47747 11-08-07 11-08-07 VALVERDE CONSTRUCTION, INC. 16,769.00 47748 11-08-07 11-08-07 VERIZON WIRELESS 451.95 47749 11-08-07 11-08-07 VILLAGE NURSERIES 91.16 47750 11-08-07 11-08-07 WELLS SUPPLY CO 8,736.38 47751 11-08-07 11-08-07 WESTSIDE BUILDING MATERIAL 34.18 47752 11-08-07 11-08-07 YORBA LINDA AUTO PARTS 834.17 451,610.37 ITEM NO. AGENDA REPORT A'.1pp,0GE 4 BY THE BOAR OF D;aEr ()F'S r€~~ ~.t,~ r ,crr~} RICE OF HE YuRBkl.,;r6CA, V'V` Board Meeting Date: November 8, 2007 i;0 V0 -8 2- 0 t) To: Board of Directors From: Ken Vecchiarelli, Assistant General Manager Staff Contact: Hank Samaripa, Project Engineer Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 8.OM Funding Source: Water Revenue Bond CEQA Account No: 101-2700 Job No: 200313 Compliance: Mitigated Neg. Dec. Estimated Costs: $ 7.7M Dept: Eng Subject: Construction of the New District Administration Building SUMMARY: On January 25, 2007, the Board of Directors authorized the award of a construction contract for the District's new administration building to J.E. Grant General Contractors (Grant) of Carlsbad. A Notice to Proceed was issue effective March 19, 2007. The location for the new building was chosen to take advantage of property currently owned by the District and to facilitate a centralized approach to District operations in placing all departments on the same campus. The District also hired a construction management firm C3 to observe construction activities and coordinate inspection efforts along with the District's architect Gillis and Associates. DISCUSSION: Grant submitted a request for Progress Payment No. 8 in the amount of $640,913.19 for the period ending October 31, 2007. During this period, Grant completed 100% of the site grading, 90% of dry utilities, 38% of site concrete work, 75% of stonework, 77% of insulation, 100% of metal roofing, 45% of drywall, 72% of air conditioning equipment installation and 89% of the rough electrical work. The status of the construction contract with Grant General Contractors is as follows: • The current contract is $6,458,492 and 360 calendar days starting March 19, 2007. • If approved Progress Payment No. 8 is $640,913.19 (9.9% of the total contract amount), less 10% retention of $64,091.31 for a net payment of $576,821.86 (this includes a -$.02 adjustment for previous payments made and accumulating round off.) • Total payments to date including retention are $3,949,151.45 (61.2% of the total contract amount). • As of October 31, 2007, 226 calendar days were used (62.8% of the contract duration). Staff and C3, the District's construction manager for the project, reviewed the contractor's progress payment request and recommend approval. A copy of Progress Payment No. 8 is attached for your reference. The Board of Directors approved the sale of $10.2M in revenue bonds for two key projects in 2003, of which $3.2M was allocated for the Administration Building and $7.OM was allocated for the Highland Reservoir Replacement. With approval of the budget for construction of the new administration building on January 25, 2007, the Board authorized a transfer from the annexation fund for up to $5M to fund the balance of this project. On August 23, 2007, the Board further authorized the General Manager to utilize the 2003 COP proceeds on authorized projects along with a Resolution of Intent to Issue up to $40M in additional tax-exempt obligations to fund the District's aggressive capital projects replacement and improvement program. PRIOR RELEVANT BOARD ACTION(S): On January 25, 2007, the Board of Directors authorized the award of a construction contract to J.E. Grant General Contractors for the construction of the District's new administration building at the Richfield site. The Board has approved seven progress payments to date, the latest of which, Progress Payment No. 7, was approved on October 11, 2007. STAFF RECOMMENDATION: Approve Progress Payment No. 8 in the net amount of $576,821.86 to J.E. Grant General Contractors for construction of the New Administration Building, Job No. 200313. YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Phase III Administration Building PROGRESS PAY REQUEST NO. 8 LOCATION Placentia PROJECT NO. J-0313 PAGE 1 OF 1 PAGES CONTRACTOR J.E. Grant General Contractors DATE October 30, 2007 ORIGINAL CONTRACT AMOUNT: $ 6,445,828 AUTHORIZED CHANGE ORDERS: $ 12,664 REVISED CONTRACT AMOUNT: $ 6,458,492 PROGRESS PAY ESTIMATE FOR PERIOD October 1, 2007 TO October 31, 2007 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 3,336,408.41 $ 618,517.29 $ 3,954,925.70 CHANGE ORDER WORK COMPLETED $ (28,170.15) $ 22,395.90 $ (5,774.25) TOTAL VALUE OF WORK COMPLETED $ 3,308,238.26 $ 640,913.19 $ 3,949,151.45 LESS RETENTION 10% $ 394,915.15 LESS OTHER DEDUCTIONS $ _ AMOUNT DUE THIS ESTIMATE $ 3,554,236.30 LESS AMOUNT PREVIOUSLY PAID $ 2,977,414.44 BALANCE DUE THIS ESTIMATE $ 576,821.86 NOTICE TO PROCEED March 19, 2007 COMPLETION TIME 360 CALENDAR DAYS APPROVED TIME EXTENSIONS 0 CALENDAR DAYS TOTAL CONTRACT TIME 360 CALENDAR DAYS TIME EXPENDED TO DATE 226 CALENDAR DAYS TIME REMAINING 134 CALENDAR DAYS REQUESTED BY. _ DATE: j~ Peter Burrows, J.E. Grant - CONTRACTOR APPROVED BY: ~ DATE: ~D Sam Samp on, c3 C nsultants-OW R'S EP ENTATIVE APPROVED BY: DATE: ALC 7 f Kenneth R. Vecchiarelli, YLWD-OWNER ITEM NO. 4 AGENDA REPORT /kf} :30VLJ bY THE BOARD '-3C -jAEC ` RS QF? HE'=•'GRBA, LihD~+V4`Fsi Ei~ U'r5?SIG? Board Meeting Date: November 8, 2007 To: Board of Directors From: Michael A. Payne, General Manager Staff Contact: Ken Vecchiarelli, Assistant General Manager Reviewed by General Counsel: N/A Budgeted: N/A Dept: Eng Funding Source: Developer Funded Account No: 101-2600 Job No: 200705 CEQA Compliance: N/A Estimated Costs: N/A Subject: Terms and Conditions for Water Service with National Community Renaissance SUMMARY: National Community Renaissance is proposing to redevelop the Linda Garden Apartments located south of the Yorba Linda Water District offices on Plumosa Drive. The project site consists of approximately 6.3 acres and will require upgrades and improvements to the existing water distribution systems on site and connecting to Plumosa Drive. Sewer improvements on site include extending the private system to new buildings. The project will not require new sewer service connections to the public sewer system. An exhibit depicting the location of the project is attached for your reference. DISCUSSION: The District has an existing 6-inch water pipeline within the project site that is an integral part of the looped distribution system. This sixty-year old pipeline runs north and south along the easterly property line. Due to its age, material and location, the District will require the applicant to relocate approximately 460 feet of this pipeline to the existing access roads within the apartment complex. National Community Renaissance is also conditioned to provide an Orange County Fire Authority approved plan and will replace four aging public fire hydrants located within the complex. The applicant will also reconstruct the existing pipeline connection to Plumosa Drive, install a double check detector assembly for the private fire suppression system to two new buildings and one new water service with a backflow assembly. The Terms and Conditions for Water Service with National Community Renaissance are attached for your consideration. STAFF RECOMMENDATION: Approve the Terms and Conditions for Water Service with National Community Renaissance, Job No. 200705. / 1"31V1 a: 1. 1 1 1 1 w / 10 B313W H31VM'1SIX3 0l Q 31VO01311 wl U O O - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - T NOONded 38 Ol l'I'0 ,9'X3 1Va31V1 - - - - O - O cT 6i O B H313 W M31VM Q I Z N 1SIX3 31V0013H w Q NIVW H31VM J bi z Land ..a a3SOdOHd I U Q J u I cn U- F- F I v I Oa1e ?S I I N W W co z I - U) ce Oa1e °wO Q a L IL 1 z3 I I~ a0A I~ z~a 'I Dale Oa1e j C J ~ N} Dale oa-m i e QI I Z z I _ '~a18 M3N / ~ - - - - ~ I Oa'te 31 14 EL V Q 00 00 Ja1® I I o I o U N 00 I CF) Dm e I I F- F- Q f I I Z CL, Oa le I I W ? Q I I I Q t7 W W I ~ Q 0~ T / m ~o I I ~ Z ~ Z J J r 04 a rg >-I o r Z y F m i I w® m CL m r~ N LLI 0. - ( 0~ I CWVJI ( W W 0 N 0 L> f o.oal wx v C 0 w LW II I m - - IL.- - - - - ---NMW a31VM -U OZ 'X3 -uaa dsowmd I f ozl ofol of Z - wz < wQj F- _ a- - -1-_..-_ I% Z IL I a -aa dsowmd ; o M ,.OZ .X3 M 110Z 'X3 N d j' - ' :D J; c) a W w j 3NYI N VaNVW Date: November 8, 2007 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER SERVICE NAME OF APPLICANT: NATIONAL COMMUNITY RENAISSANCE LOCATION OF PROJECT: 4672 PLUMOSA DRIVE, YORBA LINDA TRACT NUMBER: N/A JOB NUMBER: 200705 SEWER: N/A LOT(S): 1 The applicant will be required to complete to the satisfaction of the District the following items that have an "X" following the number. 1) X The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) X The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 1 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. I. 4) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 2 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. 2. 5) X The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 6) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. 7) X The applicant shall dedicate or obtain all easements deemed necessary by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. Page 2 of 5 NAME OF APPLICANT: NATIONAL COMMUNITY RENAISSANCE LOCATION OF PROJECT: 4672 PLUMOSA DRIVE, YORBA LINDA 8) X The applicant shall provide the District with a copy of the Recorded Tract/Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 9) X The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. 10) X The applicant shall furnish the District with a 24-hour emergency telephone number prior to the District's approval of the construction plans. 11) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 12) X The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 13) X The applicant shall provide per the District specifications one complete set of "As Built" mylars and electronic copy of ACAD drawings (version 2002 or later) for the Water and/or Sewer facilities. 14) X The applicant shall complete an Application to and Agreement for Water Service. 15) X The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 16) X The applicant shall pay meter fees associated with the installation of radio read meters for this project. 17) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 18) X The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. 19) X The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan, the Insurance Services Office's suggested standards contained in the "Grading Schedule of Municipal Fire Protection", 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. Page 3 of 5 NAME OF APPLICANT: NATIONAL COMMUNITY RENAISSANCE LOCATION OF PROJECT: 4672 PLUMOSA DRIVE, YORBA LINDA 20) X The applicant's water facilities (on-site) shall be District owned and maintained. (Relocated water pipeline, public fire hydrants, water service and meter.) 21) X The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test. A District representative shall be present to witness the flow test. 22) X The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 23) The applicant shall install _ water Sampling Station(s) in conformance with the District's Standard Plans. 24) X The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 25) The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 26) X All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 27) X The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 28) X The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 29) X The applicant shall adjust and raise to grade all valve covers within the limits of this project. 30) X The applicant shall install a pressure regulator in all buildings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 31) X The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to serve the new buildings. 32) X The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. 33) X The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. Page 4 of 5 NAME OF APPLICANT: NATIONAL COMMUNITY RENAISSANCE LOCATION OF PROJECT: 4672 PLUMOSA DRIVE, YORBA LINDA 34) X The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly prior to the water meters being turned on for service. 35) X The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 36) X The applicant shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District's Backflow Prevention Program and the State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross-Connections. 37) The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 38) The applicant shall complete an Application to and Agreement for Sewer Service. 39) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Sanitary Sewer Service. 40) The applicant shall pay all of the sewer fees as required by the Rules and Regulations of the District. 41) The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan and Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 42) The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 43) X The applicant's sewer facilities (on-site) shall be Privately owned and maintained. 44) The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District's Plans and Specifications. 45) The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. Page 5 of 5 NAME OF APPLICANT: NATIONAL COMMUNITY RENAISSANCE LOCATION OF PROJECT: 4672 PLUMOSA DRIVE, YORBA LINDA 46) The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 47) The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. (END OF STANDARD TERMS AND CONDITIONS) PROJECT SPECIFIC TERMS AND CONDITIONS 48) X The applicant shall abandon in place the existing 6-inch cast iron water main located within the project site and construct approximately 500 feet of new 8-inch water pipeline to bypass the abandoned pipeline section; replace four fire hydrants; construct a new primary connection with isolation valves to replace the existing connection on Plumosa Drive; install a new fire protection pipeline; and construct one new water service per approved plans and District Specifications. I hereby certify that the foregoing Terms and Conditions were approved at the November 8, 2007 Regular meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Application To and Agreement with the Yorba Linda Water District for Water and/or Sewer Service is not executed for the project under consideration. Michael A. Payne, General Manager ITEM NO. 6 AGENDA REPORT Board Meeting Date: November 8, 2007 A"PR,,~3Y THE BOARD OF DiRECTORS 0"r'HEV BALIN' 'A WATER DISTRICT To: Board of Directors v!~E'ul 8 200r From: Michael A. Payne, General Manager 3Y Staff Contact: Pamela Pietras, Assitant Administrator Reviewed by General Counsel: Yes Budgeted: Yes Total Budget: N/A Funding Source: Water Operating Fund CEQA Account No: Job No: Compliance: Neg. Dec. Estimated Costs: $ 0 Dept: Admin Subject: New ground Lease for the existing cell tower at the Highland Avenue Reservoir. SUMMARY: The District has negotiated a new ground lease with STC One LLC, a Delaware limited liability company, by and through its attorney Global Signal Acquisitions III LLC, for their existing cell tower and equipment at the Highland Reservoir. DISCUSSION: The District has an existing pine tree monopole cell tower at the Highland Reservoir. This cell tower has been at the site since 1997. During the planning of the Highland Avenue reservoir replacement, staff was unsure if the existing cell tower and facilities could remain due to space limitations. The District advised the carrier that they needed to vacate the premises by December 31, 2007. Now that the construction drawings are nearing 100% completion on the reservoir replacement, it has been determined that the existing cell tower and facilities can remain without harm to the District's proposed construction activities. As such, staff has renegotiated a new ground lease with STC One LLC, a Delaware limited liability company, by and through its attorney Global Signal Acquisitions III LLC. This new lease is subject to the owners applying for a new conditional use permit with the City of Yorba Linda. The new lease begins January 1, 2008. The annual lease is in the amount of $31,156. These funds will be deposited with the District each December. This revenue will be deposited into the Water Operating Fund. Commencing January 1, 2009 and on the anniversary of that date each year thereafter, the annual rent will also be increased based on the Consumer Price Index. The Ground Lease also includes language that allows other cell companies to add equipment to the existing pole, subject to review and approval by the District. This new equipment will generate additional revenue for the District. r-.eVI ewal The attached agreement was pied-by McCormick, Kidman & Behrens, LLP. PRIOR RELEVANT BOARD ACTION(S): The original agreement between Cox Communications PCS, L.P., a Delaware limited partnership and YLWD was executed on August 28, 1997. On August 24, 2006 YLWD did not renew the lease agreement. A new agreement was made with Sprint National Lease Management on January 26, 2007. STAFF RECOMMENDATION: That the Board of Directors authorize the President and Secretary to execute the attached ground lease with STC One LLC, a Delaware limited liability company, by and through its attorney Global Signal Acquisitions III LLC, for the existing cell tower and equipment at the Highland Reservoir. COMMITTEE RECOMMENDATION: This issue was presented to the Planning-Engineering-Operations Committee on October 4, 2007. The Committee recommends approval. GROUND LEASE AGREEMENT STATE OF CALIFORNIA THIS GROUND LEASE AGREEMENT (the "Agreement") Attn: Real Estate Department, 2000 Corporate Drive is made this 1st day of January, 2008, by and between Yorba Canonsburg, PA 15317-8564, 1-866-482-8890. Linda Water Company, a California corporation, having a mailing address of P.O. Box 309, Yorba Linda, CA 92886 "Lessor's Notice Address" means Yorba Linda Water ("Lessor") and STC One LLC, a Delaware limited liability District, P.O. Box 309, Yorba Linda, CA 92886 (714) 701- company, by and through its attorney in fact, Global Signal 3000 Attn: Mike Payne, General Manager and Acquisitions 111 LLC, a Delaware limited liability company, McCormick, Kidman & Behrens 650 Town Center Drive with its principal place of business located at 2000 Corporate Suite 100, Costa Mesa CA 92626, Attn: Arthur Kidman Drive, Canonsburg, Pennsylvania 15317-8564 ("Lessee"). Esq. 1. Definitions. "Lessor's Property" means the parcel of land legally described and depicted in the attached Exhibit "A." "Agreement" means this Ground Lease Agreement. "Non-Defaulting Party" means the party to this Agreement "Approvals" means all certificates, permits, licenses and that has not defaulted as provided for in Section 25 of this other approvals reasonably necessary for Lessee's intended Agreement. use of the Leased Premises, subject to the right of Lessor to deny its consent to Additional Improvements as set forth in "Renewal Term" means a period of five (5) years Section 3 of this Agreement. commencing upon the expiration of the Initial Term or prior Renewal Term, as the case may be. "Defaulting Party" means the party to this Agreement that has defaulted as provided for in Section 25 of this "Rent" means the consideration payable by Lessee to Agreement. Lessor in exchange for the Leased Premises in the amount of thirty one thousand one hundred fifty- six dollars "Easements" and "Utility Easement" have the meanings set (531,156.00) per year to be paid annually on or before forth in Section 8 of this Agreement. January Ft of each year. Commencing on January 1St 2009 and on the anniversary of that date each year thereafter "Hazardous Substance" shall mean any hazardous or toxic (each an "Adjustment Date") the annual rent shall substance. material, or waste that is or becomes regulated increase based on the Consumer Price Index published by by anv local governmental authority. the State of California the Bureau of Labor and Statistics of the. United States or the United States, including those "hazardous Department of Labor for all Urban Consumers, US City substances" and "hazardous wastes" as defined in the Average ("CPI-U") indicator and the new rent shall be Comprehensive Environmental Response. Compensation determined by dividing the CPI-U indicator, published and Liability Act, 42 U.S.C. ~§9601 et seq. and regulations three (3) months prior to the applicable Adjustment Date, promulgated pursuant thereto. by the CPI-U indicator published one (1) year and three (3) months prior to the applicable Adjustment Date and multiplying the resultant number by the annual lease rental "Improvements" means a wireless communications facility, amount of the most recent rent. including tower structures, equipment shelters, meter boards and related improvements and structures and uses 2. Lessor's Cooperation for Approvals. During the Lease incidental thereto. The "Initial Improvements" are Term, Lessor shall: (i) reasonably cooperate with Lessee, at described and depicted in a sketch attached hereto as Lessee's sole cost and expense, in Lessee's efforts to obtain all Exhibit "C." of the Approvals, including all appeals; and (ii) take no action pertaining to the Leased Premises that would adversely affect "Initial Term" means a period of five (5) years the Approvals. Lessor acknowledges that Lessee's ability to commencing upon the date of this Agreement. use the Leased Premises is contingent upon Lessee obtaining and maintaining the Approvals. Lessor agrees to execute such "Lease Term" means the Initial Term and any Renewal documents as may be reasonably necessary to obtain and Terms. thereafter maintain the Approvals. "Leased Premises" means that portion of Lessor's Property 3. Improvements. Lessor has previously given its consent to consisting of a parcel of approximately 50 feet by 50 feet the Initial Improvements. Lessee shall have the right to as described in the sketch attached hereto as Exhibit "B." construct Improvements in addition to the Initial Improvements ("Additional Improvements"), subject to Lessor's prior written "Lessee's Notice Address" means c/o Crown Castle consent, which shall not be unreasonably withheld, conditioned, International Corp., E. Blake Hawk, General Counsel, or delayed. Lessee shall submit the final plans and specifications for such Additional Improvements to Lessor no 1 878991-LKBD PK later than sixty (60) days prior to the commencement of construction, repair, maintenance, replacement, demolition and construction thereof. Lessor's consent may be given by causing removal of the facility to be located upon Leased Premises; (ii) the plans to be executed by an authorized representative of an easement over such portion of Lessor's Property as is Lessor and returning to Lessee a copy of the final plans. Lessee reasonably necessary to obtain or comply with any Approvals; shall not permit any mechanics or materialman's liens to be (iii) a thirty foot (30') wide easement in the location shown in filed in connection with any work done on the Leased Premises Exhibit "B" for construction, use, maintenance and repair of an or Lessor's Property by or at the request or direction of Lessee. access road for ingress and egress seven (7) days per week, Lessee shall, within thirty (30) days following request by twenty-four (24) hours per day, for pedestrians and all types of Lessor, cause any such mechanic's or materialman's liens to be motor vehicles, to extend from the nearest public right-of-way released by posting an appropriate release bond therefor. to the Leased Premises; and (iv) a utility easement (the "Utility Easement") in the location shown in Exhibit "B" for the 4. Lease and Term. Effective as of the date of this Lease, installation, repair, replacement and maintenance of utility Lessor leases the Leased Premises to Lessee for the Initial wires, poles, cables, conduits and pipes, provided that in the Term, subject to the terms and conditions of this Agreement. event that any public utility is unable or unwilling to use the Provided that Lessee is not then in default under this Utility Easement in the location shown in Exhibit "B" at the Agreement, the term of this Agreement shall automatically be sole option of Lessee Lessor shall grant an alternate easement extended for five (5) successive Renewal Terms, unless this either to Lessee or directly to the public utility at Lessee's sole Agreement is terminated early pursuant to the provisions set cost and in a location acceptable to Lessor and the public utility forth in Section 9 of this Agreement. Each Renewal Term shall (collectively, the "Easements"). TO HAVE AND TO HOLD be on the same terms and conditions as set forth in this the Easements for the purposes provided during the Lease Term Agreement. and thereafter for a reasonable period of time for Lessee to remove its Improvements. 5. Rent. Following commencement of the Initial Term, Lessee shall pay Rent for the Leased Premises. Lessee shall 9. Early Termination. pay to Lessor the Rent as specified in this Agreement. The first payment of Rent shall be made on the first day of the month (A) Lessee shall have the right to terminate this following the month in which the Agreement was exercised, Agreement, at any time, by providing Lessor with one and shall include prorated rent for any partial calendar month at hundred eighty (180) clays' prior written notice in the the beginning of the Term. event that: (i) Lessee does not obtain all Approvals reasonably desired by Lessee or required from any 6. Leased Premises: Survev. Following commencement of governmental authority or any third party related to or this Agreement; Lessee shall provide Lessor with a copy of an reasonably necessary for Lessee to operate the facility- "as-built" survey, which shall depict and identify the (ii) Any such Approvals are canceled, expire, or are boundaries of the Leased Premises and the Easements, and withdrawn or terminated; (iii) Lessee, for any other replace and supersede Exhibit "B" attached hereto. Upon reason, in its reasonable discretion, determines that it reasonable approval by Lessor, The "as-built" survey shall be will be unable to use the Leased Premises for the deemed to be incorporated into this Agreement as Exhibit "B" intended purpose. In the event that Lessee elects to even if not physically affixed hereto. Likewise, following terminate this Agreement early pursuant to this Section commencement of this Agreement, Lessee shall -provide Lessor 9, Lessee shall pay to Lessor a termination fee equal to with a copy of architectural drawings, which shall depict and six months of the currently applicable Rent. Upon identify the Initial Improvements located within the Leased such "Early Termination," neither party shall have any Premises, and replace and supercede Exhibit "C" attached further rights or duties under this A"greement, except hereto. The architectural drawings shall be deemed to be any rigbts or duties which by their very nature are incorporated into this Agreement as Exhibit "C" even if not intended to survive such Early Termination. physically affixed hereto. (B) Lessor shall have the right to terminate this Agreement upon ninety (90) days notice in the event that: (i) 7. Utilities. Lessee will be solely responsible, directly to the Lessor's Property (exclusive of the Leased Premises) appropriate utility providers, for obtaining, maintaining, and is wholly or partially damaged or destroyed; or (ii) paying for all utility services and connections required for Lessor, in its sole judgment, determines that it is Lessee's use of the Leased Premises. Lessee shall, at its own necessary to remove, replace, or modify Lessor's expense, install a separate elective meter and pay its electricity facilities or improvements located on Lessor's costs directly to the appropriate utility provider. Property, and Lessor intends to effect repair, replacement, or modification, but cannot reasonably do 8. Easements. Conditioned upon and subject to so while Lessee remains in possession of the Leased commencement of the Lease Term, and subject to Lessor's Premises, the reasonably estimated time to effect such approval of the locations in its sole discretion, Lessor grants the a repair, replacement, or modification will exceed following non-exclusive easements and rights-of-way over, ninety (90) days and Lessor and Lessee are unable to under and upon Lessor's Property to Lessee, Lessee's identify a temporary site acceptable to Lessee, at employees, agents, contractors, sublessees, licensees and their Lessee's sole cost. Lessee consents to Lessor's entry employees, agents and contractors: (i) an easement over such onto the Leased Premises prior to early termination in portions of Lessor's Property as is reasonably necessary for the 878991-LKBD PK 2 the event of an emergency if necessary to do so to coverage of $1,000,000 for bodily injury and property damage, protect public health, safety or welfare. each accident, for any vehicle used by Lessee, its employees or representatives at or near the premises in connection with 10. Use of Property. The Leased Premises and the Easements construction, maintenance, inspection, repair or operation of shall be used solely for the purpose of constructing, maintaining Improvements. The policies shall name Lessor as an additional and operating the Improvements and uses incidental thereto. insured, shall contain a cross-liability endorsement, and shall Lessee may place a security fence, around the perimeter of the be primary, and any insurance carried by Lessor shall be Leased Premises. All Improvements shall be constructed, noncontributing. The policies shall provide that cancellation maintained and operated at Lessee's sole expense. Lessee will will not occur without at lease thirty (30) days prior written maintain the Leased Premises in a safe and good condition, free notice to Lessor. Lessee shall, upon request, provide from trash or debris and otherwise in a well cared for manner. certificates of its current policies of insurance to Lessor during Lessee shall be solely responsible for maintaining all portions the term of this Agreement. of the access road described in Section 8 above that are within 100 feet of the Leased Premises. Lessee shall repair any 15. [Intentionally omitted.] damage to the access road described in Section 8 above that is caused by Lessee or persons acting under Lessee. Lessee shall 16. Eminent Domain. If Lessor receives notice of a proposed not interfere with Lessor's operations on the Lessor's Property taking by eminent domain of any part of the Leased Premises or and shall not unreasonably disturb the occupancy of Lessor's the Easements, Lessor will notify Lessee of the proposed taking other tenants. within five (5) days of receiving said notice and Lessee will have the option to: (i) declare this Agreement null and void and 11. [Intentionally omitted.] thereafter neither party will have any liability or obligation hereunder; or (ii) remain in possession of that portion of the 12. Hazardous Substances. Lessee shall not (either with or Leased Premises and Easements that will not be taken, in which without negligence) cause or permit the transportation, storage, event there shall be an equitable adjustment in rent on account escape, disposal or release of any Hazardous Substances on or of the portion of the Leased Premises and Easements so taken. from the Leased Premises or Easements in any manner With either option Lessee shall have the right to contest the prohibited by law. Lessee shall have the right to use taking and directly pursue an award. commercially reasonable amounts of Hazardous Substances that are commonly used in the telecommunications industry in 17. Lessee's Right of Notice. If, during the Lease Term, similar facilities, provided that such use shall be in full Lessor receives an offer from any entity (along with any of its compliance with industry standards and all applicable laws affiliates) that owns and operates towers or other facilities for pertaining to the use, storage and disposal of such materials. wireless telecommunications or any entity that is in the business Lessee shall indemnify, defend, and hold Lessor harmless from of acquiring Lessor's interest in ground lease and said entity any and all claims, causes of action, damages, fines, judgments, desires to acquire any of the following interests in all or a penalties, costs, liabilities or losses (including, without portion of the Leased Premises: (i) fee title, (ii) a perpetual or limitation, any and all sums paid for settlement of claims, other easement, (iii) a, lease, or (iv) any or all portions of attorneys' fees, and consultants' and experts' fees) from the Lessor's interest in this Agreement including but not limited to release of any Hazardous Substances by Lessee or persons the Rent or revenue derived herefrom, whether separately or as acting under Lessee on, into, from, under or about the Leased part of the sale, transfer, grant, assignment, lease or Premises or Lessor's Property. encumbrance of Lessor's Property or other interest in the Lease, Lessor shall provide written notice to Lessee no later than thirty 13. Taxes. Lessee shall pay all personal property taxes and days prior to Lessor accepting said offer. assessments assessed against the Improvements and Lessee's other personal property on the Leased Premises or Lessor's 18. Sale of Property. If Lessor sells all or part of Lessor's Property. Lessor shall pay all real estate taxes on Lessor's Property, of which the Leased Premises is a part then such sale Property. Lessee agrees to promptly reimburse Lessor (within shall be under and subject to this Agreement. 30 days of invoice therefore) for that portion of Lessor's real property taxes, including any documented increase in real estate 19. Surrender of Property. Upon expiration or termination taxes levied against Lessor's Property, that is directly of this Agreement, Lessee, at Lessee's sole expense, shall attributable to Lessee's use or occupancy of the Leased remove all of the Improvements on or before the expiration of Premises or Easements or to the Improvements constructed by this Agreement or within sixty (60) days after any Early Lessee Thereon. Lessor agrees to provide Lessee any Termination. Lessee's obligation to remove the Improvements documentation evidencing that portion and how such portion is shall survive the termination, cancellation, or expiration of this attributable to Lessee's use or occupancy. Lessee reserves the Agreement. Lessee shall remove all pads and other above- and right to challenge any such assessment, and Lessor agrees to below-surface Improvements, including footings down to ten cooperate with Lessee in connection with any such challenge. (10) feet below the surface of the ground. Lessee shall repair any damage to Lessor's Property causes by such removal and 14. Insurance. Lessee shall maintain commercial general restore the Leased Premises as nearly as reasonably possible to liability insurance providing coverage of $3,000,000.00 per its original condition. If Lessee fails to timely repair damage occurrence for bodily injury and property damage. The Lessee and restore the Leased Premises, Lessor may conduct the repair shall maintain automobile liability insurance, providing 878991-LKBD PK 3 and restoration and Lessee shall pay all costs therefore incurred by Lessor. 24. Mortgages. This Agreement, Lessee's leasehold interest and the Easements shall be subordinate to any mortgage given 20. Hold Harmless. Each party shall indemnify and defend by Lessor which currently encumbers the Leased Premises, the other party, its directors, officers, agents, employees, provided that any mortgagee shall recognize the validity of this attorneys, consultants and authorized volunteers against, and Agreement in the event of foreclosure. In the event that the hold the other parry harmless from, any claim of liability or loss Leased Premises is or shall be encumbered by such a mortgage, from death, personal injury, or property damage arising from Lessor shall obtain and furnish to Lessee a non-disturbance the use and occupancy of the Leased Premises or Lessor's agreement for each such mortgage, in recordable form. If Property by such indemnifying party, its employees, Lessor fails to provide any non-disturbance agreement Lessee, contractors, servants or agents, except to the extent such claims may withhold and accrue, without interest, the Rent until such are caused by the intentional misconduct or negligent acts or time as Lessee receives all such documentation. omissions of the other party, its employees, contractors, servants or agents. 25. Default. 21. Lessor's Covenant of Title. Lessor covenants that Lessor (A) Notice of Default; Cure Period. In the event that there holds good and marketable fee simple title to Lessor's Property is a default by Lessor or Lessee (the "Defaulting Party") and the Leased Premises and has full authority to enter into and with respect to any of the provisions of this Agreement or execute this Agreement. Lessor further covenants that there are Lessor's or Lessee's obligations under this Agreement, the no encumbrances or other impediments of title that might other party (the "Non-Defaulting Party") shall give the interfere with or be adverse to Lessee. Lessee acknowledges Defaulting Party written notice of such default. After and agrees that due to activities associated with construction of receipt of such written notice, the Defaulting Party shall a replacement reservoir by Lessor (which is anticipated to have fifteen (15) days in which to cure any monetary commence January 1, 2008 and may last up to three .years), default and thirty (30) days in which to cure any non- there may be delay in accessing the Leased Premises or monetary default. The Defaulting Party shall have such temporary blockage of the Easements. Lessee agrees that extended periods as may be required beyond the thirty (30) reasonable delay or blockages due to such construction shall not day cure period to cure any non-monetary default if the constitute violation of the covenant of quiet enjoyment or nature of the cure is such that it reasonably requires more otherwise breach this Agreement. Lessor agrees to provide than thirty (30) days to cure, and Defaulting Party Lessee written notice of any anticipated delay and/or blockage commences the cure within the thirty (30) day period and contemplated herein no later than seven (7) days prior to each thereafter continuously and diligently pursues the cure to such occurrence. The parties agree to use their reasonable best completion. The Non-Defaulting Party may not maintain efforts to coordinate all work and inspections conducted on any action or effect any remedies for default against the Lessor's Property during the period of such construction. Defaulting Party unless and until the Defaulting Party has failed to cure the same within the time periods provided in 22. Interference. this Section. (A) During the Lease Term, Lessor, its successors and (B) Consequences of Default. In the event that either party assigns, may use any property now owned by Landlord is in default beyond the applicable periods set forth above, adjacent to the Leased Premises, or may permit the use the non-defaulting party may, at its option, exercise all thereof, for any of the uses contemplated in Paragraph 9 rights and remedies available at law or inequity. herein; provided, however, no such uses shall detrimentally impact the use of any then-existing communications 26. [Intentionally omitted.] facilities on the Leased Premises pursuant to this Agreement. 27. Applicable Law. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated (B) During the Lease Term, Lessee, its successors and by the laws of the State where the Leased Premises is located. assigns, may use the Leased Premises, or permit the use The parties agree that the venue for any litigation regarding this thereof, for any of the uses contemplated in Paragraph 9 Agreement shall be Orange County, California. herein; provided, however, no such uses shall detrimentally impact the use of any then-existing communications 28. Compliance With Laws. Lessee shall comply with all facilities on the Property (excluding the Leased Premises). laws and requirements of government agencies relating to Lessee's use of the Leased Premises and the Improvements, (C) The parties shall comply with all noninterference rules including all terms and conditions of the then current CUP. of the Federal Communications Commission. Lessee shall obtain and maintain in place all permits required for its use of the Leased Premises and construction and 23. Quiet Enioyment. Lessor covenants that Lessee, on operation of the Improvements, including a valid and current paying Rent and performing the covenants of this Agreement, CUP. Lessor makes no representation that the proposed use is shall peaceably and quietly have, hold and enjoy the Leased consistent with zoning or any other applicable laws. Premises and Easements, subject to any preexisting items of record in the public records of Orange County, California. 29. Assignment, Sublease, and Licensing. 878991-LKBD PK 4 the drafter and that this Agreement shall not be construed (A) Lessee shall not assign its interest in this Agreement or as a binding offer until signed by Lessee. sublet or license use of the Leased Premises, Improvements, or Easements without the prior written Notices. All notices hereunder shall be in writing and shall consent of Lessor, which consent shall not be unreasonably be given by (i) established national courier service which withheld, conditioned, or delayed. Any assignment, maintains delivery records, (ii) hand delivery, or (iii) sublease or license of the Leased Premises without the certified or registered mail, postage prepaid, return receipt prior written consent of Lessor shall be invalid, and Lessor requested. Notices are effective upon receipt or upon may terminate this Agreement upon such unconsented attempted delivery if delivery is refused or if delivery is assignment, sublease or license. impossible because of failure to provide reasonable means for accomplishing delivery. The notices shall be sent to (B) Notwithstanding the foregoing, Lessor hereby Lessor at Lessor's Notice Address and to Lessee at consents to the sublease of the Leased Premises, Lessee's Notice Address. Improvements, and Easements to Royal Street Communications, LLC ("Metro PCS"). Partial Invalidity. If any term of this Agreement is found to be void or invalid, then such invalidity shall not affect (C) The parties hereby agree and acknowledge that if the remaining terms of this Agreement, which shall Lessee subleases, licenses or grants similar right of use or continue in full force and effect. occupancy in the Leased Premises to any third party other than Metro PCS following the execution of this Agreement Attorney Fees. If any action shall be instituted by either and pursuant to Section 29(A) above, Lessee agrees to pay party (or their respective successors) for the enforcement of to Lessor fifteen percent (15%) of the rental, license or any of their rights in and under this Agreement, or if either similar payments actually received by Lessee (excluding party is involuntarily enjoined in an action or proceeding any reimbursement of taxes, construction costs, installation involving the other party, the party in whose favor costs, revenue share reimbursement or other expenses judgment shall be rendered in such action shall be entitled incurred by Lessee in connection with each such sublease, to recover from the other party all costs reasonably license, or other similar right of use or occupancy) within incurred by the prevailing party in such action, includinff thirty (30) , days after receipt of said payment by Lessee. actual costs and experts and attorney fees. Lessee shall have no obligation for payment to Lessor of such share of rental, license or other similar payments if Successors and Assigns. Subject to the provisions of not actually received by Lessee. Non-payment of such Section 29, the terms. covenants, conditions, and rental, license or other similar payment by a sublessee; agreements contained in this Agreement shall subject to licensee or other occupant shall not be a default under this the provisions as to assignment. subletting and bankruptcy Agreement. contained in this Agreement and any other provisions restricting successors or assigns, apply to and bind the heirs. successors. legal representatives, and assigns of the. 30. Miscellaneous. parties to this Agreement. Recordina. Lessee shall have the right to record a Administrative Costs. Lessee shall pay Lessor's legal and memorandum of this Agreement with the appropriate administrative costs not to exceed Ten Thousand Dollars recording officer. Lessor shall execute and deliver such a ($10:000.00) incurred by Lessor for the drafting review memorandum, for no additional consideration, promptly and approval of this Agreement. upon Lessee's request. Entire Agreement. Lessor and Lessee agree that this Agreement contains all of the agreements, promises and understandings between Lessor and Lessee. No oral agreements, promises or understandings shall be binding upon either Lessor or Lessee in any dispute, controversy or proceeding at law. Any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed bathe parties hereto. Captions. The captions preceding the Sections of this Agreement are intended only for convenience of reference and in no way define, limit or describe the scope of this Agreement or the intent of any provision hereof. Construction of Document. Lessor and Lessee acknowledge that this document shall not be construed in favor of or against the drafter by virtue of said pa being 878991-LKBD PK 5 IN WITNESS WHEREOF, Lessor and Lessee having read the foregoing and intending to be legally bound hereby, have executed this Agreement as of the day and year first written above. LESSOR: Yorba Linda Water Company, a California corporation By: Print Name: Ric Collett Print Title (if any): President STATE OF CALIFORNIA} COUNTY OF } On before me, a Notary Public, personally appeared. RIC COLLETT, PRESIDENT of Yorba Linda Water Company, a California corporation. Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are_ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), an that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) 878991-LKBD PK 6 By: Print Name: Michael A. Payne Print Title (if any): Secretary STATE OF CALIFORNIA} COUNTY OF } On before me, a Notary Public, personally appeared, MICHAEL A. PAYNE, SECRETARY of Yorba Linda Water Company, a California corporation. Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), an that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) 878991-LKBD PK 7 APPROVED AS TO FORM. McCormick, Kidman, and Behrens By: Print Name: Arthur G. Kidman STATE OF CALIFORNIA} COUNTY OF } On before me, a Notary Public, personally appeared, ARTHUR G. KIDMAN of McCormick, Kidman and Behrens. Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their. authorized capacity(ies), an that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) 878991-LKBD PK 8 LESSEE: STC One LLC, a Delaware limited liability company By: Global Signal Acquisitions III LLC, a Delaware limited liability company, its Attorney in Fact By: Print Name: Print Title (if any): STATE OF } COUNTY OF } On before me, a Notary Public, personally appeared as of Global Signal Acquisitions II LLC, a Delaware limited liability company. Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), an that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) 878991-LKBD PK 9 EXHIBIT "A" Description of Lessor's Property Beginning at the Southeast corner of Lot Four (4), Block Twenty (20), of the said Yorba Linda Tract, as shown on a Map recorded in Book 5, pages 17 and 18 of Miscellaneous Maps, Records of said Orange County; thence running in a Southerly direction at right angles to the South line of the said Lot Four (4), Block Twenty (20), 250 feet to a point; thence deflecting to the right 48° 1', more or less, and running 888.23, more or less, to a point in the line between Lots Seven (7) and Eight (8), said Block Twenty (20), being 330 feet, more or less, North of the Southwest corner of said Lot Seven (7), Block Twenty (20); thence deflecting 90° to right, and running 400 feet to a point; thence deflecting 90° to right and running 360.79 feet, more or less, to said line between said Lots Seven (7) and Eight (8), Block Twenty (20); thence continuing on above line 456.67 feet, more or less, to said South line of said Lot Four (4), Block Twenty (20); thence along said South line of said Lot Four (4), Block Twenty (20), 320.18 feet, more or less, to point of beginning, containing 8.75 acres, more or less, being 7.09 acres in Lot Seven (7) and 1.66 acres in Lot Eight (8), Block Twenty (20), said Yorba Linda Tract. Tax Parcel No. 343-591-19 EXHIBIT "B" Description of Leased Premises A 2,500 square foot leasehold estate, said leasehold being a portion of the Lessor's Property described in Exhibit A and being more particularly depicted as follows: YCM W= SCUM um rot tor~r r ~ ~o+urs~ ~r ; y~?L 1 J~Y y fli1fi1)3 %V= AAW •1t': V-kcr! 11. 706' t 3 1 t i t t VMk MM MID" Note: Legal description of the Leased Premises to be inserted by Lessee upon reasonable approval by Lessor. 878991-LKBD PK 11 a a� W W O O `^ V N r'1 f� ruCr'tk ggu,�tf�rs . AREA IN OICATES AREA OF SCOPE OF WORK PER MO E. s,:un+E�e�aCNl5€:�Olt 110 I I I Ilan i M.s k a=ar. ttE#*Mfg N a Q Q� Cn 00 r- 00 )R SECTOR, rvp- TO BE INTENW 34 --MOD CELL CABLE SUPPORT (E)CENCE W/(Z) 4'-(r OATES =PROPOSED WS ANTENNA --PROPOSED MOO CELL ^°-(T:} MON", C —PROPOSED 21* wfu GALV CDNOWT MR POWER POOP03to 4Alke DROW PROPOSM I Ile MG4) GALY,CONGugT FOR TELCO (E) SPkINr PC$EOVIP, ck%E amocc PROPOSED P0WFRH0k?SC 10 RMACE JE)PWR CASNET mposm Fv;%JRE vGkTs MOMSED VVM AND PPC PANELS, cc)C-.NDWT Slue-%3P TO LINE up W/ (N) PPC CADINEr INCOMING LUC,9NOCK- LAMMO FAIR 000N 014 It I AISBUNT 11 DELTA GKMPS coupwEpt tow ANTENNA"nUT in 00 r-- 00 ITEM NO. 7 AGENDA REPORT 1PPROVE[AY THE BOARD OF DIRECTORS Board Meeting Date: November 8, 2007 OFTrEYORBALINDAWATERDISTRICT To: Board of Directors P' 0 V 0 S 200 r From: Michael A. Payne, General Manager By. Staff Contact: Pamela Pietras, Assistant Administrator Reviewed by General Counsel: Yes Budgeted: N/A Dept: Admin Funding Source: N/A CEQA Account No: Job No: Compliance: N/A Estimated Costs: N/A Subject: Board of Directors Rules of Organization and Procedure SUMMARY: It is the policy of the District that all meetings of the Board of Directors be open and public. It is the purpose of the Board of Directors Rules for Organization and Procedure to compile in writing the various laws, rules, regulations, and procedures as an informative guide for the conduct of meetings of the Board of Directors and for the information of the Board, staff members, consultants, and the general public. DISCUSSION: Counsel's suggested revisions to the BOD Rules fall into three basic categories 1.) editorial and formatting changes for consistency and clarity 2.) substantive changes due to new or amended laws, and 3.) changes which are not legally required but which the Board may wish to consider as policy matters. Staff recommended the addition of Section 2. (11) addition of the Officers of the Yorba Linda Water District Public Financing Corporation to the document due to updated Board Resolution No. 03-08-PFC. A final version documenting all changes has been included for review by the Board. PRIOR RELEVANT BOARD ACTION(S): On January 9, 1997, the Board of Directors adopted by Resolution No. 97-01, the current Rules of Organization and Procedure. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 07-16. A resolution of the Board of Directors of the Yorba Linda Water District amending the Board of Directors Rules for Organization and Procedures and that Resolution No. 97-01 be immediately rescinded. COMMITTEE RECOMMENDATION: The draft version documenting all changes was brought to the Executive-Administrative- Organizational Committee for review on October 16, 2007. The Committee recommended changing section 2.2; The President shall make Committee assignments, subiect to. consent of the Board, annually at the first meeting of the Board of Director's to be held in January of the subsequent year. RESOLUTION NO 07-16 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING BOARD OF DIRECTORS RULES FOR ORGANIZATION AND PROCEDURE AND RESCINDING RESOLUTION NO. 97-01 WHEREAS, the Yorba Linda Water District was formed pursuant to Division 12 of the Water Code of the State of California; and WHEREAS, Section 30530 of the Water Code provides that "The Board shall establish rules for its proceedings."; and WHEREAS, such rules for proceedings were formerly established and adopted by Resolution No. 97-01; and WHEREAS, substantive changes are due to new or amended laws and resolutions; and WHEREAS, it is the desire of the Board to amend the Rules. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of Yorba Linda Water District does hereby resolve, determine and order as follows: Section 1. The Board of Directors do hereby adopt "Rules for Organization and Procedure" as attached hereto, and by this reference incorporated herein. Section 2. The "Rules of Organization and Procedure" of the Board of Directors may be changed at any time by Resolution of the Board. Section 3. The "Rules for Organization and Procedure" shall take effect immediately upon adoption by the Board of Directors and that Resolution No. 97-01 is hereby immediately rescinded. PASSED AND ADOPTED this 8th day of November, 2007 by the following called vote: AYES: NOES; ABSENT: ABSTAIN: President, Ric Collett Yorba Linda Water District Secretary, Michael A. Payne Yorba Linda Water District Yorba Linda Water District Board of Directors Rules for Organization and Procedure Adopted by Resolution No. 07-16 (Supersedes Resolution No. 97-01) Effective date: November 8, 2007 Section 1. Purpose. It is the policy of the Yorba Linda Water District ("District") that all meetings of the Board of Directors of the District ("Board") shall be open and public and all persons are invited to attend. The Board provides these Rules for Organization and Procedure for the purpose of informing its own members, District staff, consultants and the general public regarding the laws, rules and procedures that govern the conduct of meetings held by the Board. Section 2. Board Officers and Other Officers of the District. 2.1 A President of the Board and a Vice-President shall be elected annually at the District's reorganization meeting held at the first regular meeting of the Board in December of every year. The President shall assume the chair of the Presiding Officer immediately after election. 2.2 The President shall make Committee assignments, subject to consent of the Board, annually at the first meeting of the Board of Director's to be held in January of the subsequent year. 2.3 If the President is absent from a meeting of the Board, the Vice-President shall serve as the Presiding Officer. If both the President and Vice-President are absent, the Secretary shall take the chair so that the Directors present may elect a Presiding Officer. Upon late arrival of the President or Vice-President at the meeting, the chair shall be relinquished at the first opportunity not disruptive to the conduct of business. 2.4 In the event the President becomes incapacitated or is otherwise unable to act in his or her official capacity, as determined by a majority of the Board, the Vice President shall serve until the incapacity is cured or relieved. In the event the Vice President becomes incapacitated or is otherwise unable to act in his or her official capacity, as determined by a majority of the Board, an interim Vice President shall be elected at the District's next regular meeting of the Board to serve until the incapacity is cured or relieved. 2.5 The Presiding Officer, established pursuant to these Rules, shall conduct the proceedings of the Board. 2.6 The Presiding Officer shall sign all ordinances, resolutions and contract documents approved and adopted by the Board. 2.7 A General Manager shall be appointed by a majority vote of the Board and serve at the pleasure of the Board. The General Manager shall perform all duties set forth in the County Water Districts Law (Water Code, § 30000 et seq.), set forth in these Rules for Organization and Procedures, set forth in the General Manager's contract with the District, and imposed by the Board. 2.8 A Secretary and Assistant Secretary shall be appointed by majority vote of the Board and serve at the pleasure of the Board. The Secretary, or the Assistant Secretary in the absence of the Secretary, shall attest all ordinances and resolutions approved and adopted by the Board, countersign all contract documents approved and adopted by the Board of Directors, prepare the Minutes of each meeting held by the Board, and perform all duties set forth in the County Water 2 Districts Law (Water Code, § 30000 et seq.), set forth in these Rules for Organization and Procedure, and imposed by the Board. 2.9 An Auditor shall be appointed by majority vote of the Board and serve at the pleasure of the Board. The Auditor shall perform all duties set forth in the County Water Districts Law (Water Code, § 30000 et seq.), set forth in these Rules for Organization and Procedure, and imposed by the Board of Directors. 2.10 A member of the Board shall not serve as the General Manager, Secretary, Assistant Secretary or Auditor. The same person may be appointed as General Manager and Secretary or Secretary and Auditor. There shall be no additional compensation for also serving as Secretary, Assistant Secretary or Auditor if the individual so serving is an employee of the District. 2.11 The Board of Directors of the Yorba Linda Water District shall serve as Officers of the Yorba Linda Water District Public Financing Corporation. The officers of the Corporation shall be updated annually at the District's reorganization meeting held at the first regular meeting of the Board. The officers of the Corporation shall be updated annually by resolution. The person serving as the President of the Governing Board of the District shall serve as the President of the Corporation. The person serving as Vice President of the Governing Board of the District shall serve as Vice President of the Corporation. The person serving as Board Secretary to the Governing Board of the District shall serve as Secretary of the Corporation. The person serving as the Auditor of the District shall serve as Treasurer of the Corporation. Section 3. Regular Meetings of the Board of Directors. All regular meetings shall be held at the time and place so designated by resolution adopted by the Board. 3 Section 4. Special Meetings of the Board of Directors. The manner, procedure and agenda requirements for special meetings shall comply with Government Code section 54956. Section 5. Quorum. Three (3) of the five (5) Directors elected or appointed to the Board shall constitute a quorum for any meeting of the Board. Irrespective of the number of Board members constituting a quorum for a particular meeting, a majority vote of the Board shall consist of at least three votes. Section 6. Board Business. 6.1 Any matter which is to be considered for approval or adoption by the Board at the meeting must be submitted to the Board as part of an agenda according to Government Code section 54950 et seq. All ordinances, resolutions and contracts shall be reviewed by legal counsel and approved as to form and legality prior to submission for consideration by the Board. 6.2 The Secretary of the District shall, under the direction of the General Manager, prepare an agenda of such matters according to Section 7 herein, entitled "Order of Business," including a description of the items to be considered or discussed and, where deemed appropriate by the General Manager, a staff recommendation for each item. 6.3 A copy of the agenda for every meeting of the Board shall be posted at least 72 hours prior to the meeting on a bulletin board outside the District offices. Once posted, copies of the complete agenda and supporting materials shall be available for public inspection during business hours at the District offices and the Yorba Linda Public Library. 4 6.4 Members of the Board may attend District Board and Committee meetings via teleconference provided the meeting has been duly noticed as a teleconference meeting in compliance with requirements of the Brown Act. Duly noticed teleconference locations may be outside the District's jurisdictional boundaries, but for purposes of establishing a quorum of the Board, at least three (3) Directors must be participating in the meeting from within the District's jurisdictional boundaries. A Director is entitled to participate fully in the meeting and vote from a teleconference location, and all votes shall be taken by roll call. 6.5 A copy of the agenda for all special meetings of the Board shall be posted at the District offices at least 24 hours in advance of the special meeting. 6.6 A copy of each agenda for a meeting of the Board shall be mailed to members of the public so requesting them in writing. Any member of the public requesting a copy of a complete agenda and supporting materials shall be charged, in advance, for reproduction costs plus mailing expenses. Exceptions are public agencies, members of the public who request a copy of the agenda without supporting materials and individuals requesting a copy of an agenda, with or without supporting materials, that contains a specific matter involving that individual as a party. 6.7 The Board may take action on items not appearing on the posted agenda under the following circumstances: 6.7.1 Upon determination by a majority vote of the Board that an emergency, work stoppage or crippling disaster exists that impair public health and/or safety. 5 6.7.2 Upon determination by a two-thirds vote of the Board, or by all Directors if only three Directors are present, that a matter came to the attention of the District subsequent to posting the agenda that needs immediate action by the Board. 6.7.3 When an item was posted on the agenda of, and was continued from, a meeting held not more than five (5) days earlier. Section 7. Order of Business. 7.1 Upon convening the meeting at the hour set on the date of each meeting, the members of the Board, the Secretary and General Manager of the District shall take their regular stations in the Board Meeting Room, and the business of the Board shall be taken up for consideration. The Presiding Officer shall immediately call the Board to order and lead in the Pledge of Allegiance to the flag of the United States of America. 7.2 Before proceeding with the business of the Board, the Secretary shall call the roll of the Directors. The Secretary shall enter the names of all Directors, Officers, staff members and visitors (if known) present in the Minutes of the meeting. 7.3 If a quorum is present, the Secretary shall so advise the Presiding Officer. If a quorum is not present, the Secretary may adjourn the meeting to a time certain for the purpose of obtaining a quorum. Any such reconvened regular meeting shall not constitute a special meeting. In the event a regular or special meeting of the Board is adjourned to a time and date certain, the Secretary shall post a notice of adjournment on the bulletin board outside the District offices within 24 hours of such adjournment. 6 7.4 The Presiding Officer may, on his or her own initiative or at the request of any two Directors, take any item of business out of order, either as to the general order of business or as to the specific agenda as the Secretary has prepared it. 7.5 The Order of Business taken up for consideration by the Board is generally organized so that high priority matters are addressed at the beginning of the meeting, and is generally in the following sequence: • Introductions and Presentations • Public Hearings • Consent Calendar • Closed Session(s) • Action Calendar • Discussion Calendar • Informational reports and other business • Adjournment 7.6 The Public Hearings portion of the agenda, if any, will be held at the time specified in the legal notice advertising such hearing. In general, the order of procedure for a public hearing is as follows: • Opening of hearing by Presiding Officer • Verification of Notice of Hearing provided by Secretary • Reports by General Manager, staff and/or consultant • Receipt of communications written by public • Comments from the public speaking in favor and/or against the issue • Questions to staff and discussion by Board 7 • General Manager's recommendations to approve, modify, continue, or deny • Continue or close public hearing • Consideration of action by the Board 7.7 The Consent Calendar portion of the agenda shall be consideration, in a single action, of items determined by the Secretary to be routine matters, status reports or documents implementing previous Board instructions. If a Director has a question or wishes to discuss a Consent Calendar item, they may do so without formally removing the item from the Consent Calendar. If, after such discussion, a Director, staff member or member of the public has a question or wishes to address a Consent Calendar item further, they may request that the item be removed for further discussion. The Presiding Officer should immediately grant such requests and transfer the removed item to the Action Calendar for later discussion. Items removed from the Consent Calendar for discussion shall be acted upon separately. All items remaining on the Consent Calendar will be considered for approval by a single motion. Examples of matters appearing on the Consent Calendar may include, but are not limited to: • Minutes of previous Board meetings • Approval to pay warrants • Routine Environmental Assessments • Approval of routine Terms and Conditions for Water and/or Sewer Service • Approval of Change Orders with a dollar value less than $ • Approval of Contracts for projects identified in the Adopted Budget • Final Acceptance of Facilities • Disposition of Liability Claims • Other Routine Administrative matters 8 7.8 The Action Calendar portion of the agenda shall include items requiring staff presentation and/or Board discussion prior to formal Board action. Items should generally be listed in order of priority and with items of a similar nature grouped together. Items may be addressed out of order upon request and with the consent of the Presiding Officer. 7.9 The Discussion Calendar shall include matters that do not require Board action or that cannot reasonably be expected to result in Board action at that meeting. Matters appropriate for the Discussion Calendar include technical presentations to the Board, review of drafts of proposed policies and, in general, items for which District staff seeks the advice and counsel of the Board. When time permits, the Board believes the District's best interests are served by discussing more complex matters at one meeting and considering formal action on them at a subsequent meeting. 7.10 The "Informational reports and other business" portion of the agenda provides an opportunity for the presentation of reports by the General Manager, reports from Standing and Special Committees, reports by Directors who have attended outside meetings, and general comments by Directors. It also provides an opportunity for the Board to schedule future Committee meetings and schedule assignments on the Board of Directors activity calendar. 7.11 Closed Sessions are strictly limited to the open meeting exceptions defined in the Brown Act. Section 8. Ordinances, Resolutions, Motions. 8.1 The Board shall act only by Ordinance, Resolution or Motion. The Presiding Officer shall state each matter as it is presented for consideration by the Board and shall announce each decision of the Board. 9 8.2 Ordinances are an authoritative decree or municipal regulation of the District. Ordinances shall relate to no more than one subject, which shall be clearly expressed in the title of the ordinance. No ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed. When applicable, ordinances shall be identified to the Board as replacements to existing ordinances or sections thereof. Ordinances must be moved and seconded and shall be adopted only by a roll call vote. The Secretary shall record the names of all Directors and identify them as Aye, No, Abstain, or Absent on each adopted ordinance. All ordinances shall be signed by the Presiding Officer and attested by the Secretary. Ordinances shall be in full force and effect upon adoption unless otherwise provided by law, and the Secretary shall be responsible for compliance with any and all legal requirements for publication of the ordinance. 8.3 Resolutions are a formal expression of opinion, will or intent of the Board. Resolutions must be moved and seconded and shall be adopted only by a roll call vote. The Secretary shall record names of all Directors and identify them as Aye, No, Abstain, or, Absent on each adopted resolution. All resolutions shall be signed by the Presiding Officer and attested by the Secretary. 8.4 Motions are proposals, made by a Director during a Board meeting, for action, inclination of the mind or will, or a formal proposal made in a deliberative manner by the Board. Every motion considered by the Board must be moved by a Director, seconded by another Director and is subject to debate. 10 Section 9. Guidelines for Discussion. These guidelines are intended primarily for those situations where discussion of an issue is taken up with considerable enthusiasm by several directors and/or members of the general public, and it is necessary to formalize the meeting so that each Director, in due course, may be heard. 9.1 The Presiding Officer will decide, subject to a question of order by any Director, the degree of enforcement of these guidelines at any time during any meeting. 9.2 The Board prefers a flexible form of meeting, believing that this enhances the decision-making process and therefore does not conduct its meetings with formal "rules of order" or parliamentary procedure. The Presiding Officer for each meeting has the responsibility to preserve order and decorum, If, at any time, a Director believes order is not being maintained or that procedures being followed are not adequate for the decision-making process at hand, he or she should call this fact to the attention of the Presiding Officer and request corrective action. If the corrective action taken by the Presiding Officer is not satisfactory, a motion for specific corrective action may be made to the Board. In that event, a majority vote of the Board will determine the action to be taken. 9.3 A Director is disqualified from participating in the decision-making process if a financial interest in an item before the Board might interfere with the performance of duties in an impartial manner free from bias, as defined in the District's Conflict of Interest Code. If grounds for disqualification exist, the Director at issue should announce prior to consideration of the item that he or she has a conflict of interest and should leave the room until after the discussion, vote, and any other disposition of the matter is concluded. The Director shall not be counted toward achieving a quorum while the item is discussed. This rule applies when the item that gives rise to the disqualification is on the consent calendar except the Direct at issue is not required to leave II the room. (Gov. Code, § 87105(a)(3); 2 CCR 18702.5(d)(1)). Any Director unsure about whether a conflict of interest exists may request an opinion from the District's Legal Counsel. 9.4 The Presiding Officer may move, second or debate motions from the chair, subject only to such limitations of debate as may be imposed on all Directors, and shall not be deprived of any of the rights and privileges of a Director by serving as the Presiding Officer. The Presiding Officer may vote on all questions or motions before the Board, with his or her name being called last in a roll call vote. 9.5 Any Director desiring to speak shall first address the chair. Upon recognition by the Presiding Officer, the Director may speak freely with respect to the matter then before the Board but should confine his or her comments to the subject under discussion. Any Director, once recognized, should not be interrupted except by a call to order from the Presiding Officer. If a Director is called to order, he or she should cease speaking until the question of order is determined; if determined to be in order, they may proceed. 9.6 Any Director moving the adoption or approval of a matter may have the privilege of closing the discussion. 9.7 True motions to reconsider any Board action must be made at the same meeting at which the original action was taken; however, any Director may make any other type of motion at any meeting. 12 9.8 All motions will be adopted by voice vote unless otherwise required by law. The Secretary shall record in the Minutes any dissenting and abstaining votes, or disqualification from voting due to a conflict of interest. 9.9 Unless a Director declares a conflict of interest or abstains, silence will be recorded in the Minutes as an affirmative vote. 9.10 The Secretary will enter into the Minutes for each meeting a record of all Board actions and a summary of the discussion on each matter considered by the Board. 9.11 Any person desiring to speak shall first address the chair. Upon recognition by the Presiding Officer, the speaker shall state his or her name, representation/affiliation and the matter on which he or she wishes to comment. If the matter relates to an item on the current agenda, the Presiding Officer shall recognize the person and invite their comment when the item is considered. If the matter does not relate to an item on the current agenda, the Presiding Officer shall determine whether and when to allow the comment. Comments are limited to matters of public interest within the jurisdiction of the District, and comments must be no more than five (5) minutes in length unless a time extension is granted by the Presiding Officer. No action will be taken on matters not appearing on the posted agenda for that meeting, although Directors may respond briefly to public comments. 9.12 In the event any person or group of people makes personal, impertinent or slanderous remarks or becomes boisterous while attending a District Board meeting, the Presiding Officer shall call for order. If the person or group refuses to comply with the Presiding Officer's request for order, the Presiding Officer may declare a recess and summon a law enforcement officer to remove the 13 person(s) from the Board of Directors Meeting Room. Once the Presiding Officer takes this action, permission for such person(s) to remain at the meeting requires a motion approved by a majority vote of the Board. When, in the judgment of the Presiding Officer, order is restored, the meeting will reconvene and continue with the Board's business. Section 10. Standing Committees. 10.1 The Standing Committees of the Board of Directors are: 1. Executive-Administrative-Organizational. 2. Personnel-Risk Management. 3. Finance-Accounting. 4. Planning-Engineering-Operations. 5. Public Information-Technology. 10.2 Each Standing Committee shall have two Directors and each Director shall be assigned to two Standing Committees. 10.3 In the event there is a vacancy or absence on a Standing Committee, the President shall assume the vacant position until a permanent appointment is made. 10.4 Each Standing Committee shall meet on a monthly basis at a minimum, unless the chair assigned to that particular Standing Committee, in consultation with the General Manager, believes there are not enough issues to discuss and that the best interests of the District would be served by continuing the meeting for one month. 14 Section 11. Special Committees. Special Committees shall be appointed by the President, unless otherwise directed by a majority vote of the Board. Section 12. Adjournment. A motion to adjourn must be moved by a Director and seconded by another Director, and it is subject to debate. No further business can be conducted after an affirmative vote to adjourn. 15 ITEM NO. 8 AGENDA REPORT APPROVED Board Meeting Date: November 8, 2007 OFTHEYORBALINDAWATERUSTRC'TJ To: Board of Directors 1`r)V Q 8 2001 From: Michael A. Payne, General Manager r Staff Contact: Pamela Pietras, Assistant Administrator Reviewed by General Counsel: N/A Budgeted: N/A Total Budget: N/A Funding Source: N/A CEQA Account No: Job No: Compliance: N/A Estimated Costs: N/A Dept: Admin Subject: Procedures for Upcoming Association of California Water Agencies, ACWA Officer Elections SUMMARY: The ACWA board officer election for the 2008-2009 term will be held at the general session of ACWA's fall conference in Indian Wells on November 28, 2007. A slate of candidates will be presented by the ACWA nominating committee at that time. That slate consists of ACWA's current Vice President, Glen D. Peterson for ACWA President and ACWA's current Region 1 chair and board of director member, Paul Kelley for Vice President. Biographies of the nominating committee's candidates are attached. DISCUSSION: The following information is provided so that ACWA member delegates attending the fall conference will be aware of the procedure to be used regarding the nomination and election of ACWA officers during the conference. To submit a nomination ACWA member agencies are entitled to one vote for the upcoming ACWA officer elections. ACWA is requesting that each member agency designate their voting designee on the attached proxy form. Nominations from the floor will be accepted prior to the election. To submit a nomination from the floor, a resolution from the agency's Board of Directors in support of the nomination of the candidate must be presented on site. If no floor nominations are received, the membership will be asked to cast a voice vote for the candidates presented by the nominating committee. If floor nominations are presented, a paper ballot will be required. Each member agency will be required to have designated by proxy, their voting delegate before receiving a paper ballot. PRIOR RELEVANT BOARD ACTION(S): The District's Board of Directors has participated in prior ACWA elections. STAFF RECOMMENDATION: That the Board of Directors authorize Director William Mills to vote for the District at the ACWA conference and that the Board provide voting instruction to Director Mills. d of C~'i t,"'j Tyi'f f ~f ~}l1~~5 iy i Supervisor Paul Kelley 404 Aviation Blvd, Santa Rosa. CA 95406 pkelleyrrr Sino}na-rcnmtti_~ rg. Phone:707.565.2241 ACWA Leadership Experience: • Chair, Region I Board of Directors (2004-present) • Vice-Chair, Region 1 Board of Directors (2002-2004) • Member, Board of Directors (2002-present) p • Member, Executive Committee (2006-present) • Chair, Nominating Committee (2005) • Member, Federal Affairs Committee & • Member, Blueprint for California Water Task Force • Participant, Anadramous Species Task Force • Member, Executive Director Search Committee • Key supporter and fundraiser for California Water Series Water Agency, Industry Experience: • Supervisor, Sonoma County (1995-Present) • Director, Sonoma County Water Agency (1995-present) • Director, Russian River Watershed Association (2004-present) (Chair. 2004-06) • Member, Eel-Russian River Commission (1995-present) • Committee Member, North Coast Integrated Regional Water Management Plan • Organizer, Pacific Coast Salmon Recovery Program (1999) Personal Experience: • Educator, Private K-8 School (1993-1994) • Computer Programmer, KLH Consulting (1991-1993) • Computer Programmer, Standard Structures (1990-1991) • Systems Specialist, Jonas & Erickson (1988-1990) • Field Manager, Robert Young Vineyards (1987-1988) i • Operations Manager, James Chemical Company (1984-1987) • Charter Secretary, Windsor Kiwanis Club w' • Citizens Committee Member, Incorporation of the Town of Windsor d Education: • San Francisco State University o Bachelors Degree - Computer Science o Minor - History i I Y. %5 '1 J~ f Y 6 Glen Peterson Pace 1 of 1 METROPOLITAN WATER DISTRICT y~ r~C SOUTHERN CALIFORNIA r Site Index - - Glen Peterson Born: Globe, Arizona Represents on MWO board: Las Virgenes Municipal Water,Gistrict Joined MWD board: February 1993 s. Current MWD committee appointments: Member: Engineering and Capital Programs Committee; Water Planning and Stewardship Committee. Water industry affiliations: Peterson is past president of the Las Virgenes Municipal Water District's board and served as Division 2 director since 1986. He is also a current board member of ACWA, a board member of the NWRA and chair for the Federal Affairs Committee. He was chair of the Association of California Water Agencies' 1995 region 8 nominating committee, and was a member of ACWA's water reclamation committee from 1993 to 1995. Professional and community activities: The owner of his own real estate company, Cornell Realty, since 1983, Peterson serves as director/treasurer of the Mountains Conservancy Foundation and treasurer of the Agoura Community Center Foundation. Additionally, he is a former trustee of the Conejo Future Foundation and a member and past president of the Las Virgenes Homeowners Federation and the Agoura Hills Rotary. Peterson is the founder of Peter Strauss Ranch and also is a Paul Harris Fellow. He was also awarded the Public Health Appreciation Award from the California Dept. of Health Services for his work in fluoridation and is an award-winning grape grower and vintner. llttp:/.%w"-w.m~vdh2o.cotn,'mwdli2o pages,'boarci%board/peterson0l.'11tm1 510,'2007 +f 4 s t. f[~ 4..'d 1 Association of California Water Agencies IC~Ci~flll? \(_wilC'l(V ~Il{UIIlllhIM Since 1910 Date: OCTOBER 25, 2007 TO: ACWA MEMBERS FROM: TIM QUINN, EXECUTIVE DIRECTOR SUBJECT: NOTICE REGARDING PROCEDURES FOR UPCOMING ACWA OFFICER ELECTIONS The following information is provided so ACWA member delegates attending the Fall Conference will be aware of the procedure to be used regarding the nomination and election of ACWA officers during the conference. • The Nominating Committee will present its report during a general session meeting immediately following the luncheon on Wednesday, November 28, 2007. • Floor nominations will be called for immediately following the report. • If there are no floor nominations, the election will proceed with a voice vote. • If there are floor nominations, ballots will immediately be prepared and delegates can pick-up a ballot at the ACWA registration desk in the Crystal Ballroom Foyer at the Renaissance Esmeralda Resort following the general session. • If a paper ballot is required, the signed official ballot must be returned to the ballot box at the ACWA registration desk prior to 9:00 a.m., Thursday, November 29, 2007. • Paper ballots will be counted and the election results announced during the general session immediately following the luncheon on Thursday, November 29, 2007. REMINDERS: • Each regular member agency is entitled to one vote. Please designate your voting designee on the proxy form attached and fax or email the form to Jan Jennings, fax 916-554-2230 or janj@acwa.com. • Anyone nominated from the floor must have a resolution of support from the ACWA member agency on whose board the nominee serves, and it must be signed by an authorized signatory of that board. (If the resolution is not on file at the ACWA office prior to the conference, one must be presented upon nomination at the general session.) If you have any questions regarding the information outlined above, please contact Jan Jennings, Director of Administration, at the ACWA office for clarification. Association of California Water Agencies 910 K Street, Suite 100, Sacramento, California 95814-3577 916/441-4545 FAx 916/325-4849 Hall of the States 400 N. Capitol St., N.W., Suite 357 South, Washington, D.C. 20001-1512 202/434-4760 FAx 202/434-4763 FAX ASSOCIATION OF CALIFORNIA WATER AGENCIES PROXY FORM ACWA GENERAL SESSION WEDNESDAY, NOVEMBER 28, 2007 AND, IF NECESSARY, THURSDAY, NOVEMBER 29, 2007 TO: JAN JENNINGS FAX NUMBER: 916-554-2330 THE PERSON DESIGNATED BELOW WILL BE ATTENDING THE ACWA GENERAL SESSION ON WEDNESDAY, NOVEMBER 28, 2007, AND, IF NECESSARY, ON THURSDAY, NOVEMBER 29, 2007, AS OUR VOTING DELEGATE: SIGNATURE OF DELEGATE: PRINTED NAME OF DELEGATE: AGENCY: TELEPHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS: ITEM NO. I `00E 193Officer s CLAUDIA ALVAREZ APPROVED BY PHILIP L. ANTHONY OF7HEY02 PHILIP L. ANTHONY Directors Q--Ar, President WES BANNISTER j.j I KATHRYN L. BARR Z O JAN DEBAY DENTS R. BILODEAU First Vice President JANDEBAY yNofiV40 3`. SHAWN NELSON KATHRYN L. BARR IRV PICKLER Second Vice President STEPHEN R. SHELDON ORANGE COUNTY WATER DISTRICT ROGER C. YOH MICHAEL R. MARKUS Orange County's Groundwater Authority General Manager Mr. Michael Payne General Manager Yorba Linda Water District P.O. Box 309 Yorba Linda, CA 92885-0309 October 18, 2007 Dear Michael: On behalf of Orange County Water District (OCWD), I would like to formally invite you to the Groundwater Adventure, a one-day tour of our groundwater facilities. This fun and educational tour is planned specifically for you to gain a better understanding of OCWD's operations. The tour is Thursday, November 15. The adventure begins at 8 a.m. at our headquarters in Fountain Valley. The tour includes: • Groundwater Replenishment (GWR) System. You will tour the nearly completed GWR System, the largest water purification facility of its kind in the world located at OCWD's headquarters in Fountain Valley. • OCWD's groundwater recharge facilities in Anaheim. See how Orange County's groundwater basin is refilled each year beginning with a large, inflatable rubber dam that guides Santa Ana River flows into our recharge basins. • OCWD's facilities at Prado Dam. You also will learn how we store river water behind Prado Dam and have a chance to plant nesting sites to help the endangered least Bell's vireo. The tour includes breakfast and lunch and will conclude at approximately 4:30 p.m. Don't miss this chance to learn all about Orange County's groundwater! Please take a moment to check your schedule and return the attached reservation form as soon as possible. Space is limited, so please .-ticp d>i 1 " lc 1 A Inx', Tate t ^71,1)'2 ^ e r~91, any i nn forward se- ncr . .ri?Ii,. c$r•~". i .~sE' ::i~ _ ~..~L.._i~ a~~, at ~ .~7. s_. .h t~t.:..questions. to I . ~ you at the tour! Sincerely, 7 . ?yl y' Philip L. Anthony President P.O. Box 8300, Fountain Valley, CA 92728-8300 • 10500 Ellis Avenue, Fountain Valley, CA 92708 Telephone (714) 378-3200 Fax (714) 378-3373 Web Page www.ocwd.com ORANGE COUNTY WATER DISTRICT GROUNDWATER ADVENTURE RESERVATION FORM ❑ Yes! Please reserve my spot on the OCWD Groundwater Adventure tour on Thursday, November 15, 2007. Name Title Affiliation Business address Business phone Fax Cell phone E-mail address Space is limited and offered on a first come, first serve basis Please fax or mail this form to: Alexis Tate Communications Department Orange County Water District Post Office Box 8300 Fountain Valley, CA 92728-8300 Phone: (714) 378-3202 Fax: (714) 963-0291 You may also e-mail the above information to atate@ocwd.com. In the coming days, you will receive an e-mail or letter confirming your attendance information and tour details.