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.