HomeMy WebLinkAbout2013-10-10 - Resolution No. 13-14 RESOLUTION NO. 13-14
RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA
LINDA WATER DISTRICT ADOPTING FINDINGS FOR PURPOSES OF
AND PURSUANT TO THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970 IN CONNECTION WITH
THE ANNEXATION OF 6,258 ACRES OF LAND IN THE YORBA LINDA
WATER DISTRICT BOUNDARIES INTO THE ORANGE COUNTY
WATER DISTRICT AND APPROVING AN AGREEMENT FOR
ANNEXATION TO ORANGE COUNTY WATER DISTRICT
WHEREAS, there are 6,258 acres of land within the Yorba Linda Water District
("YLWD") boundaries, but outside of the boundaries of the Orange County
Water District ("OCWD"); this area is depicted in Exhibit "A" attached
hereto and incorporated herein by reference ("Subject Territory");
WHEREAS, on October 15, 2009, YLWD submitted a request to OCWD to annex the
Subject Territory into the boundaries of OCWD ("Project");
WHEREAS, in addition to YLWD, the City of Anaheim ("Anaheim") and the Irvine
Ranch Water District ("IRWD") also submitted requests to OCWD for the
annexation of territory within their respective districts into the boundaries
of OCWD ("Additional Annexations");
WHEREAS, on January 29, 2011, OCWD, as the lead agency for the Project and the
Additional Annexations, circulated a notice of preparation of an
Environmental Impact Report ("EIR") for the Project and the Additional
Annexations as required by the California Environmental Quality Act
("CEQA"), and in addition, held a scoping meeting on August 10, 2011, at
the offices of OCWD;
WHEREAS, YLWD is a responsible agency under CEQA as YLWD is responsible for
approving a portion of the Project, and, in the case of IRWD and Anaheim,
they are responsible agencies as these agencies are responsible for
approving their respective portion of the Additional Annexations;
WHEREAS, taking into consideration the comments received during the public scoping
process and other CEQA requirements relating to the contents of the EIR,
a Draft Environmental Impact Report ("DEIR") was prepared by OCWD;
WHEREAS, in the preparation of the DEIR, OCWD consulted with Anaheim, IRWD,
and YLWD in their capacity as responsible agencies, and, in connection
therewith, YLWD participated in the DEIR's preparation but only with
respect to that portion of the DEIR relevant to the Project;
Resolution No. 13-14 Annexation to OCWD
WHEREAS, the DEIR was circulated by OCWD from March 29, 2013 to May 17, 2013,
and, on April 30, 2013, OCWD held a public meeting on the DEIR at the
offices of OCWD, and
WHEREAS, during the official public review period for the DEIR, fourteen (14)
comment letters were received by OCWD;
WHEREAS, OCWD reviewed all of the comments on the DEIR received from
interested persons, organizations and agencies and prepared detailed
responses to the comments directed to any significant environmental
issues, revisions to the DEIR text and other information required by CEQA
to be included in the Final EIR ("FEIR");
WHEREAS, CEQA provides that when an EIR identifies any significant environmental
effects that would occur if the project is approved or carried out, a
responsible agency must make a specified finding or findings with respect
to each of the identified significant effects, and must also adopt a
mitigation monitoring program for the changes to the project which it has
adopted or made a condition of approval in order to mitigate or avoid
significant project-related impacts on the environment;
WHEREAS, at its meeting held on October 2, 2013, at 5:30 p.m., the Board of
Directors of OCWD certified that the FEIR was completed in compliance
with CEQA and reflects OCVVD's independent judgment and analysis,
adopted findings as required by CEQA, approved an agreement with
YLWD relating to the implementation of the Project and agreements with
IRWD and Anaheim relating to the implementation of the Additional
Annexations, and adopted a Mitigation Monitoring and Reporting Program
("MMRP"), attached hereto as Exhibit "C" for YLVVD's annexation-,
WHEREAS, the certified FEIR, together with OCWD's adopted findings, have been
presented to YLWD's Board of Directors-,
WHEREAS, as a responsible agency, YLWD is required by CEQA to consider the
FEIR prepared by OCWD and reach its own conclusions on whether and
how to approve the agreement with OCWD relating to the Project; and
WHEREAS, the YLWD Board of Directors has reviewed and considered the
information contained in the FEIR, the MMRP, the proposed findings
presented to this meeting, and all oral and written evidence constituting
the administrative record presented to the YLWD Board of Directors,
which is on file with the YLWD Board of Directors' Secretary as the
custodian thereof in the office of YLWD.
Resolution No. 13-14 Annexation to OCWD 2
NOW, THEREFORE, the Board of Directors of the Yorba Linda Water District hereby
finds, determines and resolves as follows:
Section 1 . All of the foregoing recitals are true and correct.
Section 2. The Board of Directors of the Yorba Linda Water District has reviewed the
information contained in the FEIR that is relevant to its approval of the
Project and the MMRP, and has reviewed the CEQA findings contained in
Resolution No, 13-10-125, incorporated herein by reference, adopted by
the OCWD Board of Directors for the Project, as well as any and all
testimony received by the Board of Directors of the Yorba Linda Water
District, Therefore, the Board of Directors of the Yorba Linda Water
District hereby concludes all of the following:
a) OCWD has adopted the mitigation measures recommended in the
FEIR for YLWD's annexation, YLWD has authority to implement
those mitigation measures as identified in the FEIR, the MMRP and
Resolution No. 13-10-125-, and
(b) The Board of Directors of the Yorba Linda Water District has
considered the environmental impacts of the Project and has
reviewed and considered the FEIR and finds that the FEIR is
adequate for its use as a responsible agency decision-making body
for its consideration of the Project; and
(c) Approval of the agreement with OCWD relating to the Project by
the Board of Directors of the Yorba Linda Water District is within the
scope of the activities evaluated in the FEIR,- the annexation
agreement with OCWD is attached hereto and incorporated herein
by reference as Exhibit B ("Agreement"); and
(d) Since the FEIR was certified by OCWD, there have been no
substantial changes to the Project and no substantial changes in
Project circumstances that would require major revisions to the
FEIR due to the involvement of new significant environmental
effects or an increase in the severity of previously identified
significant impacts, and there is no new information of substantial
importance that would change the conclusions set forth in the FEIR;
and
(e) Other than as set forth in the MMRP, YLVVD has not identified any
feasible alternative or additional feasible mitigation measures within
its powers that would substantially lessen or avoid any significant
effect that the Project would have on the environment.
Resolution No 13-14 Annexation to OCWD 3
Section 3. Based upon all of the foregoing, the Board of Directors of the Yorba Linda
Water District hereby adopts the findings within Resolution No. 13-10-125
as its findings as a responsible agency under CEQA to the fullest possVe
extent that said findings are relevant to the Board of Directors of the Yorba.
Linda Water District's decision to approve the Project.
Section 4. The Board of Directors of the Yorba Linda Water District hereby approves
the Agreement relating to the Project, adopts the MMRP attached hereto
as Exhibit "C' and authorizes the Acting General Manager, on behalf of
YLWD, to execute the Agreement and any other related documents, and
to take such actions as are necessary to implement and administer the
Agreement.
Section 5. YLWD staff is hereby authorized and directed to cause a Notice of
Determination reflecting the foregoing actions to be executed and filed
with the Orange County Clerk and the State Clearinghouse.
PASSED AND ADOPTED this 10th day of October 2013 by the following called vote:
AYES- Directors Beverage, Collett, Kiley and Melton
NOES,- None
ABSENT: Director Hawkins
ABSTAIN: None
Gary Me n, President
Yorba Linda Water District
ATTEST.-
Ste���, Conklin, Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Arthur G. Kidman, Esq.
Kidman Law LLP
Resolution No. 13-14 Annexation to OCWD 4
EXHIBIT A
SUBJECT TERRITORY
[ATTACHED BEHIND THIS PAGE]
Resolution No, 13-14 Annexation to OCVU❑ 5
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EXISTING ORANGE COUNTY WATER
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YORBA LINDA WATER DISTRICT AS-NOTED
(DRAFT) DATE:
1717 E. MIRALOMA AVENUE ORANGE COUNTY WATER DISTRICT 09-17-13
PLACENTIA, CALIFORNIA 92870 ANNEXATION AGREEMENT
(714) 701-3100 FBSHEET NO.
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1 S72°11'10"W 566.64' o o R=3881.10' TRACT NO.
2 N 17°48'50"W 50.00' "FORMATION" I °W L=1381.81' � 11662
3 S72°111 0"W 879.86' PER SENATE BM LL NO.M026
TO THE O.C..WD. s9
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68-1 TO THE OCWD
N
I" = 2500'
0 2500' 5000'
LEGEND
ANNEXATION BOUNDARY
EXISTING ORANGE COUNTY WATER
DISTRICT(OCWD)BOUNDARY
PREPARED BY: EXHIBIT 1113 SCALE:
YORBA LINDA WATER DISTRICT AS-NOTED
(DRAFT) DATE:
1717 E. MIRALOMA AVENUE ORANGE COUNTY WATER DISTRICT 09-17-13
PLACENTIA, CALIFORNIA 92870 ANNEXATION AGREEMENT
(714) 701-3100 FBSHEET NO.
3OF4
N N I
NORTH LINE OF RANCHO io
CANON DE SANTA ANA �I
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PARCEL 4
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3 CITY OF YORBA LINDA
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11662
FE RAILWAY
SANTA
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-� -I-
BEARING TABLE
NO.
BEARING
LENGTH
2
N85°35110"W
107.70'
4
N84°38'12 W
281.06'
5
N79°57'47"W
459.74'
6
N63°56'25"W
526.20
7
N89 022'24"W
554.96'
8
S78°17'39"W
206.85'
9
S60°05 50"W
316.67'
10
S54 023'43"W
268.58'
11
S47°26'09"W
195.69'
12
S36°10'33"W
169.38'
13
S23°53'20"W
210.98'
14
S62°46 35"W
152.07'
15
S76°39'13 W
324.72'
16
S8W12'09"W
784.04'
17
S84°33'08 W
325.19'
18
S82°21'43"W
433.08'
19
N69°07'09'W
799.53'
20
S81020'35"W
521.28'
21
N73°30'28"W
238.67'
22
N48°16'27 W
534.68'
23
N46°50'03"W
854.92'
24
N06 024'55"W
345.64'
25
N27°2014 W
717.56'
26
N07°09'00 W
565.80'
27
N16°49'58"W
363.85'
28
N45°46'19"W
241.34'
29
N45°46'19"W
1417.20'
30
N57°18'58"W
973.50'
31
S88°27'27"W
666.09'
32
S58 041'57"W
409.73'
33
S06°13'30"E
420.23'
34
S38°13'04"W
715.07'
35
S72°57'31"W
709.86'
FEAST BOUNDARY
2.002.23 ACRE
TRACT PER
DECREE-CASE
I NO.1978 ALSO _
I EAST LINE
RANCHO SANTA
ANA AS SHOWN
ON R.S.21-21 ri
0=9°15'30" N� 1�� - 2500
A=2°30'05" R=2496.64' r.,°
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L=79.16' y N P.O.B.
m PARCEL4 0 2500 5000
PQ�P
2 / ESTABLISHED LEGEND
/Q IN RECORD PER ANNEXATION BOUNDARY
TR.NO.11662.
EXISTING ORANGE COUNTY WATER
DISTRICT(OCWD)BOUNDARY
CITY OF ANAHEIM
PREPARED BY: EXHIBIT 1113 SCALE:
YORBA LINDA WATER DISTRICT AS-NOTED
(DRAFT) DATE:
1717 E. MIRALOMA AVENUE ORANGE COUNTY WATER DISTRICT 09-17-13
PLACENTIA, CALIFORNIA 92870 ANNEXATION AGREEMENT
(714) 701-3100 FelSHEET NO.
40F4
EXHIBIT B
ANNEXATION AGREEMENT
[ATTACHED BEHIND THIS PAGE]
Resolution No. 13-14 Annexation to OCVVD 6
ANNEXATION AGREEMENT BETWEEN ORANGE COUNTY WATER DISTRICT
AND YORBA LINDA WATER DISTRICT REGARDING ANNEXATION TO ORANGE
COUNTY WATER DISTRICT
THIS AGREEMENT is entered into as of , 2013 (the "Effective Date")
by and between the ORANGE COUNTY WATER DISTRICT (hereinafter, "OCWD") and
the YORBA LINDA WATER DISTRICT (hereinafter, "Applicant").
RECITALS
A. OCWD was created by special act of the California Legislature (Ch. 924,
Stats. 1933, as amended, the "OCWD Act") for the purpose of protecting and managing
the Orange County groundwater basin and providing for the conservation and regulation
of the quantity and quality of water within the groundwater basin. OCWD further has the
authority, pursuant to its enabling legislation, to prevent the exportation of groundwater
resources from its boundaries. The boundaries of OCWD are located within the County
of Orange, State of California. The OCWD Act authorizes OCWD to annex additional
lands to its boundaries and to impose on lands proposed to be annexed such
reasonable terms and conditions as OCWD determines appropriate.
B. Applicant is a County water district, organized and existing pursuant to
Section 30000 of seq. of the California Water Code, whose boundaries are located
within the County of Orange, State of California, and within the boundaries of the
Metropolitan Water District of Southern California (hereinafter, "MWD"). A portion of
the lands within the boundaries of Applicant are within the boundaries of OCWD, and a
portion of those lands within Applicant's boundaries that are not within the boundaries of
OCWD are within the OCWD sphere of influence as determined by the Local Agency
Formation Commission of Orange County ("LAFCO").
C. Applicant provides retail water service to the residents and water users
within its district boundaries. In order to provide such retail water service, among other
sources, Applicant purchases water from MWD through the Municipal Wafter District of
Orange County ("Imported Water") to serve all of the lands within its boundaries, and
produces and serves groundwater from the Orange County Groundwater Basin
("Basin") to the Applicant lands within the boundaries of OCWD.
D. Approximately 6,258 acres of land within the boundaries of Applicant
(which land is more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference, and is hereinafter referred to as the "Subject
Territory") are within the watershed of the Santa Ana River in Orange County, but not
currently within the boundaries of OCWD. A plat showing the boundaries of the Subject
Territory, Applicant, and relevant portions of OCWD is attached hereto as Exhibit "B"
E. Applicant desires to annex the Subject Territory to OCWD in order that the
Subject Territory may benefit from inclusion within OCWD. OCWD desires to annex the
Subject Territory in order to provide better management, regulation, and control over the
Orange County groundwater basin and its resources.
F. Applicant and OCWD mutually acknowledge and find that Applicant's
request fully complies with the OCWD Annexation Policy and all other OCWD policies.
H:\Document\Planning&Support\f CK\Annexation\2013\Agreements\YLWD\YLWD Agreementdocx 1
NOW THEREFORE, in consideration of the facts recited above, and the
covenants, conditions and promises contained herein, the parties hereto agree as
follows:
SECTION ONE: ANNEXATION OF SUBJECT TERRITORY TO OCWD
1 .1 Subject to Applicant having paid all costs for which it is responsible under the
July 21, 2010 "Memorandum of Understanding between Orange County Water District,
City of Anaheim, Yorba Linda Water District and Irvine Ranch Water District Regarding
Processing and Consideration of Annexation Requests and Associated CEQA
Documentation" (the "MOU"), OCWD shall, within three (3) months from the Effective
Date, initiate proceedings under the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000, Government Code Section 56000, et seg., and support the
annexation to OCWD of the Subject Territory (the "Annexation") upon the conditions
hereinafter set forth.
1.2 Applicant shall cooperate with OCWD and use its best efforts to support the
Annexation in accordance with the terms and conditions of this Agreement. Applicant
shall, prior to or concurrently with OCWD's filing of the Annexation application with
LAFCO, adopt and file with LAFCO a resolution of its governing board supporting the
Annexation. Applicant further shall support the conditioning of the Annexation by the
LAFCO on the performance of the terms and conditions of this Agreement. Applicant
shall execute such documents and take such other actions to support and facilitate the
processing of the Annexation and the imposition by LAFCO of Applicant's performance
of this Agreement as a condition of the Annexation, as may reasonably be requested by
OCWD.
1 .3 Applicant shall be solely responsible for (a) all direct costs, CEQA mitigation
measures and fees as set forth in the Mitigation Monitoring and Reporting Program
attached as Exhibit C, and (b) any Annexation processing fees and the cost of preparing
any legal descriptions, boundary surveys or maps required for the processing and
completion of such Annexation. In the event that OCWD, as the agency initiating the
Annexation, is required by LAFCO to pay any such fees or costs, Applicant shall,
within thirty (30) days of written notice from OCWD, reimburse such fees and costs to
OCWD. In the event that the Annexation is not approved by LAFCO or the Subject
Territory is for any reason not included within the boundaries of OCWD, Applicant's
obligation herein to pay all direct costs actually incurred by or due from OCWD in
connection with the initiation and processing of the Annexation shall remain in full force
and effect and Applicant shall pay or cause to be paid all such direct costs whether or
not the Subject Territory is included within OCWD.
1.4 Upon the completion of the Annexation (as defined in paragraph 2.3 below), the
Subject Territory shall be subject to all of the provisions of the OCWD Act and all of the
rules, regulations, policies and requirements adopted or promulgated by OCWD and its
Board of Directors.
2
SECTION TWO: DETERMINATION AND PAYMENT OF ANNUAL ANNEXATION
CHARGE
2.1 For and during the term of this Agreement, Applicant shall pay to OCWD an
annual "Annexation Charge" computed and calculated pursuant to the following formula:
X = A x B x (CID) x E (hereinafter, the "Annexation Charge Formula"). Should any
portion of the Subject Territory at any time become the actual service area of any water
retailer other than Applicant it will be the responsibility of Applicant to either (a) make
the reports and payments of the Annexation Charge as set forth in paragraphs 2.3 and
2.4 below for said portion of Subject Territory or (b) initiate and execute a fee shift
agreement with the successor water agency, incorporating all of the terms and
conditions of this Annexation Agreement and containing the approval and
acknowledgment of said fee shift agreement by OCWD.
2.2 For purposes of computing the Annexation Charge Formula in paragraph 21
hereinabove:
X The term "X" shall mean the annual Annexation Charge to be paid by
Applicant to OCWD.
A The term "A" shall mean the Basin Production Percentage established by
OCWD during the applicable Water Year pursuant to Section 31.5(d) of
the OCWD Act. The term "applicable Water Year," as it relates to the
Annexation Charge Report and this Agreement, is defined as the fiscal
year (July Vt to June 30) immediately preceding the date on which the
Annexation Charge Report is due pursuant to paragraph 2.3 below.
B The term "B" shall mean the greater of either (i) the total water demand
within the Subject Territory during the applicable Water Year; or (ii) an
amount equal to ten (10%) of the ultimate annual total water demand
within the Subject Territory, as determined annually by OCWD. As used in
this Agreement, "total water demand" shall exclude the water demand
served by reclaimed wastewater delivered through Applicant's non-
potable Title 22 reclaimed water distribution system.
C The term "C" shall mean the actual ad valorem property tax revenues
collected, plus annexation fees paid to OCWD for lands within the OCWD
boundaries other than the Subject Territory, plus any pass-through tax
increments received from redevelopment agencies within OCWD (or their
successor agencies), during the applicable Water Year. Provided,
however, that in no event shall "C" be less than $19 million for the first 56
years of the annexation Agreement.
D The term "D" shall mean the total quantity of groundwater produced
within the boundaries of OCWD during the applicable Water Year,
including in-lieu water deliveries.
E For this Agreement the term "E" shall always equal 100%.
3
2.3 Applicant shall file with OCWD, on or before the 15th day of December of each
year after the date of recordation of the "certificate of completion" with respect to the
Annexation (the "Annexation Completion Date"), an "Annexation Charge Report" in the
form set forth in Exhibit D hereto for the applicable Water Year, setting forth the greater
of either (a) the total water demand within the Subject Territory within the preceding
Water Year, or (b) ten percent (10%) of the ultimate annual total water demand within
the Subject Territory. The Annexation Charge Report shall be verified by a written
declaration executed under penalty of perjury. OCWD shall have the right to inspect any
and all books, records, and other writings of Applicant pertaining to the data contained
in any Annexation Charge Report filed or to be filed by Applicant.
2.4 On or before the 31St day of January of each year after the Annexation
Completion Date, Applicant shall pay to OCWD the annual Annexation Charge for the
applicable Water Year, based upon the formula set forth in paragraphs 2.2 and 2.3
above and the data contained in the Annexation Charge Report covering that Water
Year. Exhibit E attached hereto provides an example of the Annexation Charge
calculation that would have been paid by Applicant to OCWD for water year 2011-12.
2.5 If Applicant shall fail to pay the full amount due as the Annual Annexation Charge
by January 31 for any applicable Water Year, OCWD shall assess a penalty charge
against Applicant in the amount of ten (10%) of the amount delinquent as of that date
and, in addition thereto, shall charge interest on the delinquent amount at the lesser of
(a) the rate of one and one-half percent (1.5%) or (b) the maximum legal interest rate,
for each month or fraction thereof for which the amount due remains delinquent. Should
Applicant fail to file with OCWD an Annexation Charge Report by December 15 for any
applicable Water Year, OCWD shall, in addition to assessing the penalty and charging
interest on the delinquent annual Annexation Charge as set forth hereinabove, assess
an additional penalty charge against Applicant in the amount of ten percent (10%) of the
amount of the annual Annexation Charge found by OCWD to be due as of the
December 15 date.
2.6 The performance of Applicant's obligations to timely file annual Annexation
Charge Reports and pay annual Annexation Charges under this Agreement is
conditioned upon the annexation of the Subject Territory to OCWD. In the event that the
Subject Territory is for any reason not annexed to OCWD, Applicant shall have no
obligation to file annual Annexation Charge Reports or pay Annexation Charges as set
forth hereinabove, and shall have no right to serve groundwater to the lands, residents,
or water users within the Subject Territory.
2.7 The methodology for calculating the total water demands within the annexing
territory is provided on Exhibit F.
SECTION THREE: MISCELLANEOUS
3.1 All notices, payments, transmittals of documentation and other writings required
or permitted to be delivered or transmitted to any of the parties hereto under this
4
Agreement shall be personally served or deposited in a United States mail depository,
first class postage prepaid, and addressed as follows:
If to OCWD: Orange County Water District
P.O. Box 8300
Fountain Valley, CA 92728-8300
Attention: General Manager
If to Applicant: Yorba Linda Water District
1717 East Miraloma
Placentia, CA 92870
Attention: General Manager
or such other address as OCWD or Applicant shall direct in writing. Service of any
instrument or writing by mail shall be deemed complete forty-eight (48) hours after
deposit in a United Stated mail depository.
3.2 OCWD and Applicant mutually agree that the terms of this Agreement, or a
general description of the terms thereof, may be set forth in any ordinance, resolution,
or legislation adopted by OCWD, LAFCO or any other agency to implement the
Annexation of the Subject Territory to OCWD pursuant to paragraph 1.1 hereinabove.
3.3 Except as set forth in paragraph 1.3 above and paragraph 3.5 below, this
Agreement shall have no force or effect if any of the following occur: (a) LAFCO
determines not to approve the Annexation; (b) LAFCO approves the Annexation under
terms and conditions substantially different from or in conflict with this Agreement; or (c)
a court of competent jurisdiction issues a final, non-appealable order, judgment, ruling
or decree invalidating the Annexation or directing that the Subject Territory may not be
annexed to OCWD.
3.4 The term of this Agreement shall be for so long as the Subject Territory is
included within the boundaries of OCWD.
3.5 Notwithstanding any other agreement or understanding between Applicant and
OCWD (including but not limited to the MOU"J, in the event any person files a court
action or proceeding challenging OCWD's decision to approve this Agreement or
initiate the Annexation, or OCWD's decision to certify an Environmental Impact Report
or adopt findings or a mitigation monitoring and reporting program under he California
Environmental Quality Act, Public Resources Code Section 21000, et seq. ("CEQA") in
connection with such decisions (a "Challenge"), Applicant shall defend, indemnify and
hold OCWD harmless against any such Challenge, and pay all of the costs incurred by
OCWD in defending against such Challenge, including attorneys fees, costs and
expenses in defending such Challenge, court costs, and any costs or fees that may
awarded by the court against OCWD in such action or proceeding. Applicant shall
cooperate and provide any assistance reasonably requested by OCWD in defending
against any such Challenge. Notwithstanding the foregoing, Applicant may at its own
cost defend its interests in any such Challenge, and/or intervene as a party in such
Challenge to defend its interests. In the event that Applicant intervenes or otherwise
directly participates in the defending against any Challenge, OCWD, Applicant and any
other governmental agency for which OCWD has initiated an annexation application in
5
conjunction with the Annexation shall cooperate in good faith with each other in the
defense of the Challenge.
3.6 This Agreement shall be construed according to its plain meaning and as if
prepared by all parties hereto. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
3.7 This Agreement represents the entire understanding of OCWD and Applicant as
to those matters contained herein. No prior oral or written understanding shall be of any
force or effect with respect to those matters covered by this Agreement. This
Agreement may not be modified, altered, or amended except in writing by the parties
hereto.
3.8 All of the terms, conditions, and provisions of this Agreement shall inure to the
benefit of, and be binding upon, OCWD and Applicant and their respective successors
and assigns.
3.9 In partial consideration for OCWD's initiation of the Annexation, for a period of
ten years from and after the Effective Date, Applicant shall not either initiate the
annexation to OCWD of any lands outside the boundaries of OCWD and outside of the
Subject Territory (the "Extraterritorial Lands"), or request that OCWD initiate
proceedings to annex any of the Extraterritorial Lands. OCWD shall not consider any
future annexation request from the Applicant for any of the Extraterritorial Lands for ten
years from the Effective Date assuming LAFCO has approved annexation of the
Subject Territory. Applicant shall not produce groundwater from, or serve or deliver
groundwater produced from the Basin to, either: (a) any of the Subject Territory until the
Annexation is approved and completed, or (b) any of the Extraterritorial Lands.
3.10 In partial consideration of OCWD initiating the Annexation and if, and only if, the
proposed LAFCO approves the Annexation, YLWD, hereby both: (a) releases and
covenants not to sue OCWD from or for any claim, liability or obligation to YLWD (i) on
its own behalf, or (ii) under the authority of Water Code section 31081 or any other
authority on behalf of any lands within its boundaries, which claim, liability or obligation
is based upon, arises from or is in any way related to the "Agreement" dated February
18, 1970, between OCWD and Ernest A. Bryant Jr., and others relating to water and
water rights affecting certain lands now within the boundaries of YLWD and included in
the Subject Territory (the "Bryant Ranch Agreement"), and (b) waives and disclaims any
right, title and interest, including but not limited to water rights or any right to water, that
YLWD (i) on its own behalf, or (ii) under the authority of Water Code section 31081 or
any other authority on behalf of any lands within its boundaries, may have or claim
based upon or in any way relating to the Bryant Ranch Agreement.
3.11 In partial consideration of OCWD initiating the Annexation, Applicant agrees, for a
period of fifty years from the Effective Date, to continue sending all sewage flows
generated from its service territory to the Orange County Sanitation District treatment
facilities.
3.12 In partial consideration for OCWD initiating the Annexation, Applicant agrees that,
for a period of five years from the Effective Date, and notwithstanding any findings or
determinations made by OCWD in accordance with Section 31.5 of the OCWD Act,
6
Applicant shall be deemed subject to a Basin Production Percentage pursuant to
Section 31.5(c)(2) of the OCWD Act ("BPP") that is equal to the lesser of seventy
percent (70%) or the actual BPP annually established by the OCWD Board, and
Applicant shall reflect such amount as the BPP applicable to Applicant's groundwater
production in Applicant's annual Basin Equity Assessment Report filed with OCWD, for
five years from the Effective Date.
7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
APPROVED AS TO FORM ORANGE COUNTY WATER DISTRICT
By:
General Counsel for President
Orange County Water District
General Manager
APPROVED AS TO FORM APPLICANT
YORBA LINDA WATER DISTRICT
By-
Presidfof
YORBA LINDA WATER DISTRICT
`
General Manager (Acting)
8
EXHIBIT A
Description of Subject Territory
9
EXHIBIT "A"
LEGAL DESCRIPTION
ANNEXATION AGREEMENT BETWEEN
ORANGE COUNTY WATER DISTRICT (OCWD)
AND
YORBA LINDA WATER DISTRICT (YLWD)
1 Those parcels of land situated in the County of Orange, State of California, described as
2 follows:
3
4 Beginning at the northwesterly corner of the existing boundary of the Yorba Linda Water
5 District as created by"Annexation DA 01-21" to said District, recorded as Instrument
6 No. 20020226135 of Official Records, in the office of the County Recorder of said
7 County;
8
9 Thence easterly along the northerly line of said annexation to the northeaster corner of
10 said annexation, said corner being on the westerly line of Parcel 2 of"Annexation No.
11 78-1" to the Yorba Linda County Water District, recorded in Book 12642, Page 1974 of
12 Official Records, in the office of said County Recorder;
13
14 Thence northerly along said westerly line to the northwesterly corner of said Parcel 2;
15
16 Thence in a generally easterly, northeasterly, and southeasterly direction along the
17 northerly and northeasterly line of said "Annexation No. 78-1" to the northeasterly corner
18 of said "Annexation No. 78-1
19
20 Thence southerly along the easterly line of said "Annexation No. 78-1" to the
21 southeasterly comer of Tract No. 11836, filed in Book 539, Pages 8 through 21,
22 inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County,
23 said southeasterly corner being a point on a non-tangent curve concave southerly having
24 a radius of 2496.64 feet, a radial line to said point bears North 13'40'20" East;
25
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EXHIBIT "A"
LEGAL DESCRIPTION
ANNEXATION AGREEMENT BETWEEN
OCWD AND YLWD
26 Thence in a generally northwesterly, southwesterly, and westerly direction along the
27 southerly line of said Tract No. 11836 through the following nineteen (19) courses:
28 1. westerly along said curve through a central angle of 9°15'30" and a arc length of
29 403.43 feet;
30 2. North 85°35'10" West 107.70 feet to the beginning of a curve concave northerly
31 having a radius of 1813.18 feet;
32 3. westerly along said curve through a central angle of 2°30'05" and a arc length of
33 79.16 feet;
34 4. non-tangent from said curve South 69°42'02"West 5498.72 feet;
35 5. South 84'38'12" West 281.06 feet;
36 6. North 79°57'47"West 459.74 feet;
37 7. North 63°56'25" West 526.20 feet;
38 8. North 89°22'24" West 554.96 feet;
39 9. South 78°17'40" West 206.85 feet;
40 10. South 60°05'49"West 316.67 feet;
41 11 . South 54°23'44" West 268.58 feet;
42 12. South 47°26'08" West 195.69 feet;
43 13. South 36°10'33"West 169.38 feet;
44 14. South 23°53'20"West 210.98 feet;
45 15. South 62°46'35" West 152.07 feet;
46 16. South 76'39'13" West 324.72 feet;
47 17. South 88°12'09"West 784.04 feet;
48 18. South 84°33'08" West 325.19 feet;
49 19. South 82°21'43" West 433.08 to the southeasterly corner of Tract No. 11899,
50 filed in Book 525, Pages 22 through 26, inclusive, of Miscellaneous Maps, in the
51 office of the County Recorder of said County;
52
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EXHIBIT "A"
LEGAL DESCRIPTION
ANNEXATION AGREEMENT BETWEEN
OCWD AND YLWD
53 Thence in a generally northwesterly and westerly direction along the southerly line of
54 said Tract No. 11899 through the following five(5) courses:
55
56 1. North 67°07'09"West 799.53 feet;
57 2. South 81°20'35"West 521.28 feet;
58 3. North 73°30'28" West 238.67 feet;
59 4. North 48°16'27" West 534.68 feet;
60 5. North 46°50'03" West 854.92 feet to the southwesterly comer of Tract No.
61 11663, filed in Book 513, Pages 10 through 13, inclusive, of Miscellaneous Maps,
62 in the office of the County Recorder of said County;
63
64 Thence in a generally northerly and northwesterly direction along the southwesterly line
65 of said Tract No. 11663 through the following five (5) courses:
66
67 1. North 6°24'55"West 345.64 feet;
68 2. North 27'20'14 West 717.56 feet;
69 3. North 7°09'00" West 565.80 feet;
70 4. North 16°49'58" West 363.85 feet;
71 5. North 45'46'19"West 241.34 feet to the southeasterly corner of Tract No. 11662,
72 filed in Book 509, Pages 20 through 28, inclusive, of Miscellaneous Maps, in the
73 office of the County Recorder of said County;
74
75 Thence in a generally northerly, northwesterly, westerly, southwesterly, and southerly
76 direction along the southerly line of said Tract No. 11662 through the following seven(7)
77 courses:
78
79
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EXHIBIT "A"
LEGAL DESCRIPTION
ANNEXATION AGREEMENT BETWEEN
OCWD AND YLWD
80 1. North 45'46'19" West 1417.20 feet;
81 2. North 5718'58"West 973.50 feet;
82 3. South 88°27'27"West 666.09 feet;
83 4. South 58°41'57" West 409.73 feet;
84 5. South 6°13'30" East 420.26 feet;
85 6. South 38°13'04" West 715.07 feet;
86 7. South 72°58'05" West 709.86 feet to the southwesterly corner of said Tract No.
87 11662, said corner also being on the boundary line of"Proposed Annexation No.
88 68-1 to the Orange County Water District" certified by the Secretary of State on
89 June 27, 1969, said annexation also being recorded in Book 9009, Page 945 of
90 Official Records, in the office of the County Recorder of said County, said
91 boundary line being described in course eighteen (18) of page 2 of 4 of said
92 Annexation No. 68-1;
93
94 Thence northerly along said boundary line to an angle point in the northerly line of said
95 Annexation No. 68-1;
96
97 Thence in a generally westerly direction along the northerly line of said Annexation No.
98 68-1 to the intersection with the easterly line of Orange County Water District, as
99 described in "Senate Bill No. 1026" of September, 1961;
100
101 Thence northerly and westerly along the easterly and northerly line of said Senate Bill
102 No. 1026 to the southeasterly corner of Parcel 1 of"Proposed Annexation No. 76-3"to
103 the Orange County Water District, recorded in Book 12092, Page 1008, of Official
104 Records, in the office of the County Recorder of said County.
105
106
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EXHIBIT "A"
LEGAL DESCRIPTION
ANNEXATION AGREEMENT BETWEEN
OCWD AND YLWD
107 1 Thence northerly along the easterly line of Parcel 1 of said Proposed Annexation No. 76-
108 3 to the northeast corner of Parcel 1 of said Proposed Annexation No. 76-3, said northeast
109 corner also being a point in the boundary Iine of Parcel 2 of said Annexation No. 78-1;
110 Thence in a generally westerly direction along the boundary line of Parcel 2 of said
I I I Annexation No. 78-1, said boundary line also being the northerly line of said Proposed
112 Annexation No. 76-3, to the most southwesterly corner of Parcel 2 of said Annexation
113 No. 78-1;
114
115 Thence continuing along the northerly line of Parcel 2 of said Proposed Annexation No.
116 76-3 to the northwesterly corner of Parcel 2 of said Proposed Annexation No. 76-3, said
117 northwesterly corner also being the northeasterly corner of"Annexation DA 07-29",
118 recorded as Instrument No. 2008000504966, of Official Records, in the office of the
119 County Recorder of said County;
120
121 Thence in a generally southerly and westerly direction along the easterly and southerly
122 lines of said Annexation DA 07-29 to the southwesterly corner, said corner also being the
123 southeasterly corner of said Annexation DA 01-21;
124 Thence in a generally westerly, northerly, and northeasterly direction along the southerly
125 and westerly lines of said Annexation DA 0 1-21 to the northwesterly corner thereof;
126
127 Excepting therefrom that portion shown as "Not a Part"on Parcel Map No. 88-156, fled
128 in Book 239, Pages 1 through 4, inclusive, of Parcel Maps, in the office of the County
129 Recorder of said County, said "Not a Part" also being the exception described in said
130 Annexation DA 0 1-21
131
132 Containing 6252 acres, more or less
133
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EXHIBIT "A"
LEGAL DESCRIPTION
ANNEXA'T'ION AGREEMENT BETWEEN
OCWD AND YLWD
134 All as shown on Exhibit `B" attached hereto and by this reference made a part hereof.
135
136 This document was prepared by me or under my direction.
137
138 Dated this 14'h day of October, 2013.
139 �o�N.L LA
ND
140 � � ��Q+ C. Z. tn
141
x ° z °
142 Joshua C. Tatman, PLS 8858 `�� No. 8858
143 OP �0
144
145
146
147 This document does meet the approval of the Orange County Surveyor's Office
148
149 Kevin R. Hills, County Surveyor
15o L.S. 6617, Expiration Date 12/31/2013
151
152 Dated this day of 2013
153
154
155 Craig S. Wehrman, Chief Deputy Surveyor
156 L.S. 6131, Expiration Date 3/31/2014
157
158
159
160
Page 6 of 6
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EXHIBIT B
Boundaries of the Subject Territory and Relevant portions of OCWD
10
SEE SHEET 2
J�
I
I ' lt I /
EXCEPTION r-------_--
i
�
° TOPEKA
=
P
ol
z
ACRE TRACT PER DECREE
SANTA AS SHOO
SANTA ANA AS SHOWN ON
R.S.B.21/21
4,08
o
��q
o
�
ANNE XATION
ti4G
F,1IAMONT
�lli
O.C.W.D.BOUNDARY
PER SENATE BILL
aNNExarloN /N0.70-2
TO I/ TO THE
Y
O c.'N,D. O.C.W.D.
¢
<
¢
rn
1026,SEPT.1961
I BK.9427 PG99 7,Ol
51 YOR_BA LINDA
YORBA LINDA
'___.pLVD
o
I�
I<
N.T.S
����\
CITY DF YORBA LI1v1D—/'\
THIS MAP WAS PREPARED BY ML OR UNDER MY DIRECTION
DATED 7716 14TH DAY OF OCTOBER,2013
co
Lp
G
JOSHUA TATMAN,P.L.S. 8858 y?� No.8858
6252ACEi 1 f�s
LEGEND: I o.C.W.D.BOUNDARY
PER SENATE BILL
ANNEXATION BOUNDARY 1026,SEPT.1961
EXISTING ORANGE COU NTY I 0
WATER DISTRICT(O.C.W.D.)
F
i
w�
°
° TOPEKA
=
EAST BOUNDARY 2,002.23 I
O?
ACRE TRACT PER DECREE
SANTA AS SHOO
SANTA ANA AS SHOWN ON
R.S.B.21/21
BOUNDARY _ \x SANTA
F.
ANNEXATION'
NO
TO THE �—$
�
SEE SHEET 3 GC.w.D.
BK 9000 PG 945,OR \- 9Z Cq� F •,,���
PREPARED BY: EXHIBIT 116,1
SCALE:
JOHNSON-FRANK a ASSOC., INC. ANNEXATION AGREEMENT BETWEEN N.T.S.
\� LAND SURVEYING - MAPPING DATE:
5150 E. HUNTER AVENUE ORANGE COUNTY WATER DISTRICT(OCWD) 10-10-2013
ANAHEIM CALIFORNIA 92807-2049
(714) 777-8877 FAX (714) 777-1641 AND
SHEET NO:
YORBA LINDA WATER DISTRICT(YLWD) 1 OF 3
71115 PROPOSAL DOES MEET THE APPROVAL OF THE ORANGE
COUNTY SUR'VEYOR'S OFFICE
DATED THIS—DAY OF 2013.
�O KEVIN HILLS, COUNTY SURVEYOR
LS 6617,EXPIRATION DATE 12-31-13
BY: CRAIG S. WEHRMAN, CHIEl7 DEPUTY SURVEYOR
� I
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990.13'
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NO.78-1
!S
ANNEXATION
72-3
�— S88°23'40"E 5244.64'
�N
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---------------------------
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LINE"A'
2661.13'
1877.10'
N.A.P.
P.M.88-156
1 ACRE f
MOST SE'LY COR.
REORGANIZATION 94-01
NE COR.BLK.10,YORBA
LINDATRACT r----
NW COR. i
BLK.9,YORBA
LINDA TRACT
i
N89°41'12"W 2670.51'
O.C.W.D BNDY
PER SENATE BILL
1026,SEPT 1961
LEGEND:
ANNEXATION BOUNDARY
""Ld'-' """ EXISTING ORANGE COU NTY
WATER DISTRICT(O.C.W.D.)
BOUNDARY
" = 1000'
0 1000' 2000'
i\JOHNSON-FRANK S ASSOC., INC
LAND SURVEYING - MAPPING
5150 E. HUNTER AVENUE
ANAHEIM, CALIFORNIA 92607-2049
(7 14) 777-5577 FAX (714) 777-1641
Ap7 2 04966N, N8 658.08'W N.E.COR.N.W.
D p05 { ANNEXATION NO.77-2 / I /
2�g. �¢G!� BK 12477 YG 623,O.R. COR.1/4 SEC./ /
V M N / 24 T.3S.R.9W. I
A=39'17'42" St 0. g O1 N.W.COR.75-2 1
O 0 ' / ANNEX.TO THE
R=1200.00' ��4010 CITY OF YORBA LINDA
L=822'99 ` A S ,Lc)Oti
G/ BK 11535 PG 462 O.R.
IW
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CITY Lr% YLLLL�
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150.00' 1 /
EXHIBIT "B" SCALE: /
AS-NOTED
ANNEXATION AGREEMENT BETWEEN
DATE:
ORANGE COUNTY WATER DISTRICT (OCWD) 10-10-2013
AND SHEET NO:
YORBA LINDA WATER DISTRICT (YLWD) 20F3
LJLJLA
W
W
C/1
COR.
RANCHO
C.S.A.14
N89°59'53"W
NO.
/
I
1796.28'
ANNEXATION
72-3
TO YLWD.
BK 10765 PG 551,O.RI
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S5_0°_00'_40"W
< I
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N89°35'31"W RAD
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386.82'
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MOST NW'LY COR.
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BOOK 9009 PG 945,O.R.
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439 O.R.
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ALLOTMENT OF SECOND
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EXHIBIT "B" SCALE: /
AS-NOTED
ANNEXATION AGREEMENT BETWEEN
DATE:
ORANGE COUNTY WATER DISTRICT (OCWD) 10-10-2013
AND SHEET NO:
YORBA LINDA WATER DISTRICT (YLWD) 20F3
LJLJLA
W
W
C/1
W'LY LINE
PARCEL 2 -
ANNEXATION
NO.78-1
S88°23'40"E
ANNEX.NO.DA 01-21
INS F.NO.20020226135 D.R.
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N89 04112 1W Be
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742.50' v
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N89°03'19"W �
BK 11535 PG 462 0.Ij v
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2658.08' '
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24-T3S.R.9W. i ANNEX.TO THE
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BK 11535 PG 462 0.Ij v
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ORANGE COUNTY WATER DISTRICT (OCWD)
°35'31"W
O p08,
S W'LY COR.
,0N89 1 _
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386.82' 02 LI 10
TRACT NO.
I$Y``R9A LINDA =
11663
-
CITY O; YORBA LINDA
-W
,
/
WN89-24
50.00'
I
SHEET NO:
268.58'
W
S47°26'08"W
195.69'
ELY BDRY.-
1'T'1 DOMINGUEZ
w RANCH
W
W
s7s°62,p6„E��zsl\JO
CITY Or YORBA LINDA
TO TFIE YORB ND CO�NTO.78-1 STRICT
1264211974 O.R.
N.E.COR.PARCEL 2 OF
ANNEX.NO.79-1 ALSO U.S.C.
&G.S.TRIANGULATION
STATION"SAN JUAN"
PARCEL 1
0 6252 ACRES
11
Z HILLS
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FLY LINE 2
N k-W.McKee 1 538°04'49"E
885°06'51"W, ALLOTMENT J'Fzj a TOPEKA
I --fir 1 �Z 0=20°15'45"i l
a°o R=3681.10'
O.C.WD.BOUNDARY $_1 L=1301.81'
PER SENATE BILL °o 2. 44'
8
NO.1026 SEPT 1961 1 IT / . ,
CITY OF ANAHEIM
LEGEND: / .�----^/ �/
ANNEXATION BOUNDARY
� SW'LY COIj,/� ��
EXISTING ORANGE COU NTY 11662
T NO.
WATER DISTRICT(O.C.W.D.) /
BOUNDARY ANNEXATION NO.68-1
TO THE O.C.W.D.
=2400' BK 9009 OG 945,O.R.
w�0
0 2400' 4800'
NW'LY COR.
TRACT NO.
11663&
SE'LY COR.
TRACT NO.
11662
`P9
y
?ti 9
CURVE TABLE
NO.
DELTA
RADIUS
LENGTH
1
3
9°15'30"
2°30'05"
2496.64'
1813.18'
403.43'
79.16'
L
H'KtrFlMtU bY:
EAST BOUNDARY 2,002.23
EXHIBIT"B"
ACRE TRACT PER DECREE
I
-CASE NO.1978,ALSO
107.70'
EAST LINE RANCHO
AS-NOTED
SANTA ANA AS SHOWN ON
NW'LY COR.
R.S.B.21/21
TRACT NO.
ORANGE COUNTY WATER DISTRICT (OCWD)
11899&
526.20
S W'LY COR.
ANAHEIM, CALIFORNIA 92807-2049
TRACT NO.
AND
11663
206.85'
H'KtrFlMtU bY:
NO.
EXHIBIT"B"
SCALE:
I
r JOHNSON-FRANK 6 ASSOC., INC.
107.70'
ANNEXATION AGREEMENT BETWEEN
AS-NOTED
281.08'
SW'LY COR.
TRACT NO,
LAND SURVEYING - MAPPING
5150 E. HUNTER AVENUE
459.74'
ORANGE COUNTY WATER DISTRICT (OCWD)
DATE: 10-10-2013
526.20
1SPLY &
COR.
ANAHEIM, CALIFORNIA 92807-2049
554.96'
AND
S78°17'40"W
206.85'
TRACTNO.
(714) 777-8877 FAX (714) 777-1641
316.67'
10
SHEET NO:
268.58'
11899
S47°26'08"W
195.69'
YORBA LINDA WATER DISTRICT(YLWD)
3OF3
169.38'
13
LINE TABLE
NO.
BEARING
LENGTH
2
N85°35'10"W
107.70'
4
N84°3812 W
281.08'
5
N7957 47W
459.74'
6
N63°56'25"W
526.20
7
N89°22'24"W
554.96'
8
S78°17'40"W
206.85'
9
S60°05'49"W
316.67'
10
S54°2344 W
268.58'
11
S47°26'08"W
195.69'
12
S36°10'33'W
169.38'
13
S23°53'20'W
210.98'
14
S62°46'35"W
152.07'
15
S76°39'13 W
324.72'
16
S88°12'09 W
784.04'
17
S84°33'08"W
325.19'
18
S82°21'43"W
433.08'
19
N69'07,0911W
799.53'
20
S81°20'35"W
521.26'
21
N73°30'28"W
238.67'
22
N48 016'27"W
534.68'
23
N46°50'03"W
854.92'
24
N06°24'55"W
345.64'
25
N27°20'14 W
717.56'
26
N07°09'00"W
565.80'
27
N16°49'58"W
363.85'
28
N45°46'19"W
241.34'
29
N45°46'19"W
1417.20'
30
N57°18'58"W
973.50'
31
S88°27'27"W
666.09'
32
S58°41'57"W
409.73'
33
SOB°13'30"E
420.26'
34
S38°13'04"W
715.07'
35
S72°58'05'W
709.86'
36
S00°48'0V W
274.86'
37
N72°10'56"E
538.19'
38
S18°04'22'E
50.00'
39
N72°10'56"E
888.10'
SE'LY COR.
TRACT NO.
11836
EXHIBIT C
Mitigation Monitoring and Reporting Program
11
ORANGE COUNTY WATER DISTRICT ANNEXATION REQUEST BY
THE CITY OF ANAHEIM, IRVINE RANCH WATER DISTRICT, AND
YORBA LINDA WATER DISTRICT
SECTION 6
MITIGATION MONITORING AND REPORTING PROGRAM
State Clearinghouse#2011071095
PURPOSE
This section lists all mitigation measures contained in Final Program/Project EIR (FEIR) for the proposed Orange
County Water District(OCWD)Annexation Requests by the City of Anaheim,Irvine Ranch Water District(IRWD)
and Yorba Linda Water District(YLWD). The mitigation measures are provided in the format of a Comprehensive
Mitigation Monitoring and Reporting Program. This Program complies with State Public Resources Code §21086.6
which requires public agencies approving a project under CEQA to establish a program for monitoring and reporting
on the adopted mitigation plan.
ADOPTION OF MITIGATION MEASURES
As part of deliberations concerning the proposed project,the OCWD Board of Directors will be required to consider
adoption of the mitigation measures listed herein. If the OCWD Board of Directors approves the Annexation
Requests by the City of Anaheim, Irvine Ranch Water District (IRWD) and Yorba Linda Water District (YLWD),
the Board will be required to specify whether these mitigation measures are to be formally incorporated as
conditions of project approval.
MONITORING AND REPORTING PROCEDURES
The OCWD Board of Directors will be responsible for ensuring that all adopted mitigation measures are
implemented in the manner outlined in this Program. OCWD staff will be responsible for ensuring that mitigation
measures are satisfactorily monitored, and for reporting to the OCWD Board of Directors regarding progress in
fulfilling the mitigation obligations. The Board of Directors will in turn be responsible for considering the reports
submitted by staff, and determining whether the measures are being implemented and enforced as intended in this
Mitigation Monitoring and Reporting Program. It will be the responsibility of the Board of Directors to amend these
mitigation measures if necessary to achieve the environmental protections herein.
REGULATORY AND CODE COMPLIANCE STANDARDS
The project will be subject to a number of uniform code requirements and standard conditions of approval. Many of
these requirements have been established to safeguard environmental resources,and/or to promulgate environmental
goals and objectives. If the proposed annexations are approved, compliance with applicable uniform regulations
will be mandatory (not discretionary). Such regulations do not conform to the strict definition of mitigation.
Although regulatory standards and codes are not necessarily incorporated into this mitigation program, it is
understood that full compliance with all relevant regulatory and code compliance standards shall be required
throughout all stages of project implementation.
COMPILATION OF MITIGATION MEASURES
The following mitigation measures are proposed to eliminate, avoid, or reduce to a level of insignificance the
potential environmental effects of the proposed OCWD Annexation Requests by the City of Anaheim, IRWD and
YLWD that have been found to be potentially substantial and adverse.
1
ORANGE COUNTY WATER DISTRICT ANNEXATION REQUEST PROJECT
MITIGATION IMPLEMENTATION AND MONITORING PROGRAM AND FORM
State Clearinghouse#2011071095
Project Approval Date:
Project File Number:
The following mitigation measures have been adopted by the OCWD Board of Directors. As such, these measures represent formal conditions of approval that shall govern implementation of the
annexation request project. The Orange County Water District staff shall be responsible for monitoring and reporting progress on these measures until all measures are fulfilled in accordance with their
original purpose and intent,as determined by the OCWD Board of Directors. This monitoring form shall be available for public review and inspection,and final project clearance shall require that all
verifications included in this form have been satisfactorily completed.
2
METHOD OF
TIMING OF
RESPONSIBLE
COMPLETION
NO,
MITIGATION MEASURE
VERIFICATION
VERIFICATION
PERSON
DATEANITIALS
AESTHETICS
Pursuant to the agreement between the OCWD and the YLWD,the YLWD
YLWD shall notify and
Notification and
Greg Woodside,
AES-1
Project Manager shall be responsible for ensuring compliance with the following:
provide OCWD with
verification shall
OCWD Executive
Consistent with policies and programs of the local agency in which the facilities
written verification that
be provided to
Director of
are located,YLWD shall design future annexation-related facilities to protect
MM AES-I has been
OCWD by YLWD
Planning and
scenic values and to avoid visual intrusions.
implemented in the
upon completion of
Natural Resources.
manner stated.
MM AES-1, and
prior to the start of
construction of the
annexation-related
facilities.
AIR QUALITY
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
AIR-1
Manager shall be responsible for ensuring that at least one of the following options
provide OCWD with
verification shall
OCWD Executive
is adhered to during construction of project-related well and pipeline elements:
written verification that
be provided to
Director of
Option 1: Prepare an air quality emissions analysis for construction activity with
MM AIR-1 has been
OCWD by YLWD
Planning and
project-specific information prior to start of construction for well and/or pipeline
implemented in the
upon completion of
Natural Resources.
construction. Emissions analysis shall detail the off-road equipment list,any
manner stated.
MM AIR-1, and
emission control devices added onto off-road equipment,and engine tiers(if
prior to the start of
known)as well as soils hauling and vendor trip numbers and trip lengths. The
well or pipeline
analysis shall demonstrate that well and pipeline installation construction shall not
construction.
exceed the SCAQMD's mass emissions thresholds of significance. The YLWD
project manager shall;ensure that construction managers adhere to the equipment
and trip data specified in the emissions analysis.
2
Option 2: If specific facility construction would generate the same or less
horsepower hours per day as utilized in the analysis,and would not generate more
on-road trips than analyzed,then: (a)well and pipeline construction shall not occur
on the same day;(b)Tier 3 engines shall be used for all off-road pipeline
construction equipment greater than 100 horsepower.
BIOLOGY
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
BIO-1 Manager shall be responsible for ensuring compliance with the following: Once
the construction locations are finalized,if any of the proposed well or pipeline
facilities occur in the immediate vicinity of the 4 OCWD recharge basins and/or
the adjacent native riparian restoration site,the presence of any riparian associated
special status species must be determined prior to project construction. A
presence/absence survey must be conducted by a qualified and/or permitted
biologist to determine the current occupancy of the adjacent native riparian
restoration site.
Presence/absence surveys must be conducted according to accepted protocol for
the appropriate species. A permitted biologist will be required to survey for federal
and state listed species, If the existing native riparian habitat restoration site is
determined to be occupied by any riparian habitat-associated special status species
and facilities are proposed adjacent to this habitat,additional avoidance and
minimization measures will be require such as those described in MM BIO-2
below.
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
BIO.2 Manager shall be responsible for ensuring compliance with the following: If it is
determined that a special-status species is currently occupying any portion of the
OCWD Basins or adjacent native riparian restoration site,a biological monitor
must be onsite to assess the potential for the project to indirectly impact the
special-status species. If the monitor determines there is a potential for indirect
impacts,additional avoidance measures will be required,such as construction
activities may not encroach within the occupied territory at a minimum of 350'for
passerines and 500'for raptors. Additionally,depending on the construction
proximity and sensitivity of the special-status species,a noise monitor may be
required to ensure that indirect noise impacts do not result in the harassment and
potential take of the species. An average of 60dB per hour at a known nest
location for certain special-status species,such as least Bell's vireo,may result in
potential nest failure and subsequent`take of the active nest. Construction-related
noise must be below 60dB per hour during the nesting season to ensure indirect
`take' of the special-status species does not occur.
YLWD shall notify and
provide OCWD with
written verification that
MM 1310-1 has been
implemented in the
manner stated.
YLWD shall notify and
provide OCWD with
written verification that
MM 1310-2 has been
implemented in the
manner stated.
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project YLWD shall notify and
BIO-3 Manager shall be responsible for ensuring compliance with the following: Project provide OCWD with
activities in the YLWD proposed facility area may occur within or immediately written verification that
Notification and
verification shall
be provided to
OCWD by YLWD
upon completion of
MM 1310-1, and
prior to
commencement of
construction of the
proposed wells or
pipelines.
Notification and
verification shall
be provided to
OCWD by YLWD
upon completion of
MM 1310-2, and
prior to
commencement of
construction of the
proposed wells or
pipelines.
Notification and
verification shall
be provided to
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
adjacent to suitable nesting habitat for a number of common and sensitive native,
MM 1310-3 has been
OCWD by YLWD
Planning and
resident and migratory bird species protected under the SDFG Code 3500 and the
implemented in the
upon completion of
Natural Resources.
Migratory Bird Treaty Act. If a proposed production well or facility site will be
manner stated.
MM 13I0-3, and
constructed within or immediately adjacent to suitable nesting habitat (i.e., trees,
prior to
shrubs,lattice towers and/or utility poles), construction activities should avoid the
commencement of
general nesting season of February through August. If construction cannot avoid
construction of the
the nesting season, a preconstruction clearance survey must be conducted to
determine if any nesting birds or nesting activity is observed on or within 500' of
proposed wells or
the project site. If an active nest is observed during the survey, a biological
pipelines.
monitor must be on site to ensure that no project activities impact the active nest.
The biological monitor will establish a suitable buffer around the active nest until
the nestlings have fledged, and the nest is no longer active. Project activities may
continue in the vicinity of the nest only at the discretion of the biological monitor.
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
B10.4
Manager shall be responsible for ensuring compliance with the following: Once
provide OCWD with
verification shall
OCWD Executive
the locations of proposed production wells are finalized, the potential to impact a
written verification that
be provided to
Director of
street tree located within a public right-of-way must be determined by a certified
MM 1310-4 has been
OCWD by YLWD
Planning and
arborist prior to project construction. The exact location of a production well, in
implemented in the
upon completion of
Natural Resources.
relation to an existing street tree, will be analyzed to determine if any pruning,
manner stated.
MM 1310-4, and
trimming or removal is warranted in order to facilitate construction of the proposed
production well. If the proposed construction will result in any impact to an
prior to
existing street tree,additional mitigation will be required.
commencement of
construction of the
proposed wells or
pipelines.
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
B10-5
Manager shall be responsible for ensuring compliance with the following: If it is
provide OCWD with
verification shall
OCWD Executive
determined that construction of any of the three proposed production wells will
written verification that
be provided to
Director of
result in the trimming,pruning or removal of any street tree protected by Chapter
MM 1310-5 has been
OCWD by YLWD
Planning and
13.12 of the City of Anaheim Municipal Code, written authorization must be
implemented in the
upon completion of
Natural Resources.
obtained by the director of Community Services Department prior to impacting the
manner stated.
MM 1310-5, and
street tree. Any trimming, cutting or pruning must be conducted in accordance
with the standards adopted by the International Society of Arboriculture. All tree-
prior to
impacting activity must adhere to the provisions and standards outlined in Chapter
commencement of
13.12 of the City of Anaheim Municipal Code.
construction of the
proposed wells or
pipelines..
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
B10-6
Manager shall be responsible for ensuring compliance with the following: Project
provide OCWD with
verification shall
OCWD Executive
impacts to street trees should avoid the general nesting season of February through
written verification that
be provided to
Director of
August to reduce any potential impact to potentially nesting avian species.
MM 1310-6 has been
OCWD by YLWD
Planning and
Additional avoidance and minimization measures to reduce potentially suitable
implemented in the
upon completion of
Natural Resources.
nesting habitat are detailed in MM BIO-3 above.
manner stated.
MM 13I0-6, and
prior to
commencement of
construction of the
proposed wells or
i elines..
GEOLOGY AND SOILS
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
GEO-1
Manager shall be responsible for ensuring compliance with the following: (a)To
provide OCWD with
verification shall be
OCWD Executive
reduce the hazards of seismic damage,project sites shall not be located in known
written verification that
provided to OCWD
Director of
active fault zones,if possible. A licensed geotechnical engineer shall conduct a
MM GEO-1 has been
by YLWD upon
Planning and
geotechnical engineering investigation for all applicable facilities,The geotechnical
implemented in the
completion of MM
Natural Resources.
engineer shall prepare a report that summarizes results of a field investigation,
manner stated.
GEO-1, and prior to
including site inspection and soil testing,potential geologic hazards(fault rupture and
severe secondary effects),along with design criteria and construction methods to
approval of the final
effectively construct the proposed facilities with an acceptable level of risk with
design for the
respect to earthquake,liquefaction,foundations,landscaping,dewatering,ground-
proposed wells and
water,retaining walls(if applicable),pavement sections,and utilities. The report
pipelines.
shall address all geologic and geotechnical factors related to the design and
construction of the proposed project.The geotechnical engineering investigation shall
delineate areas of active and potentially active faults.To the extent possible,it shall
identify fault traces and locate them in the field so faults can be avoided;(b)
Appropriate seismic design provisions shall be implemented with project design and
construction in accordance with governing building codes.Unless superseded by
other regulatory provisions or standards,seismic design criteria shall be developed
ion the basis of the requirements of the current CBC.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
GE O-2
Manager shall be responsible for ensuring compliance with the following: All
provide OCWD with
verification shall be
OCWD Executive
practicable precautions shall be taken to design and construct project facilities to
written verification that
provided to OCWD
Director of
withstand the projected ground shaking associated with the characteristic earthquakes
MM GEO-2 has been
by YLWD upon
Planning and
in the area. This includes secondary hazards induced by earthquakes (liquefaction,
implemented in the
completion of MM
Natural Resources.
lurching,lateral spreading,rapid differential settlement,induced landslides and rock-
manner stated.
GEO-2, and prior to
fall avalanches). Project structures shall be designed using project-specific criteria in
accordance with the latest revision of the National Electrical Safety Code and the
the approval of the
CBC.
final design for the
proposed well and
pipelines.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
GE O-3
Manager shall be responsible for ensuring compliance with the following: Prior to
provide OCWD with
verification shall be
OCWD Executive
commencement of grading or dredging permit, appropriate Best Management
written verification that
provided to OCWD
Director of
Practices (BMPs) shall be incorporated into project planning to reduce construction
MM GEO-3 has been
by YLWD upon
Planning and
pollutants in runoff,consistent with goals and standards established under federal and
implemented in the
completion of MM
Natural Resources.
state nonpoint source discharge NPDES regulations and Basin Plan water quality
manner stated.
I GEO-3, and prior to
objectives. To maximize effectiveness,the selected BMPs shall be based on finalized
the commencement of
site-specific hydrologic conditions with consideration for the types and locations of
grading or
construction and development. Mechanisms to maintain the BMPs shall be identified
construction for the
in the Conditions of Approval. Construction BMPs could include,but are not limited
project facilities.
to the following: diversion of offsite runoff away from the construction area;prompt
revegetation of proposed landscaped areas; perimeter straw wattles or silt fences
and/or temporary basins to trip sediment before it leaves the site;regular sprinkling of
exposed soils to control dust during construction during the dry season;installation of
a minor retention basin to alleviate discharge of increased flows; specifications for
construction waste handling and disposal; erosion control measures maintained
throughout the construction period preparation of stabilized construction entrances to
avoid trucks from imprinting debris on public roadways; contained wash-out and
vehicle maintenance areas; training of subcontractors on general construction area
housekeeping; construction scheduling to minimize soil disturbance during the wet
weather season;regular maintenance and storm event monitoring.
HAZARDS and HAZARDOUS MATERIALS
Pursuant to the agreement between the OCWD and the YLWD,the YLWD
YLWD shall notify and
Notification and
Greg Woodside,
HAZ-1
Project Manager shall be responsible for ensuring compliance with the
provide OCWD with
verification shall be
OCWD Executive
following: Prior to construction of any proposed facilities that are located at
written verification that
provided to OCWD
Director of
one or both of the existing plugged wells, a written verification shall be
MM HAZ-1 has been
by YLWD upon
Planning and
obtain from the Department of Oil,Gas and Geothermal Resources that the
implemented in the
completion of MM
Natural Resources.
plugged well within the grading envelop was properly abandoned pursuant to
manner stated.
HAZ-1, and prior to
their regulations.
commencement of
construction of the
proposed wells or
pipelines.
Pursuant to the agreement between the OCWD and the YLWD,the YLWD
YLWD shall notify and
Notification and
Greg Woodside,
HAZ-2
Project Manager shall be responsible for ensuring compliance with the
provide OCWD with
verification shall be
OCWD Executive
following: Prior to construction, YLWD shall prepare a Traffic Control Plan
written verification that
provided to OCWD
Director of
for approval by the City of Anaheim. The plan shall include management
MM HAZ-2 has been
by YLWD upon
Planning and
practices to maintain access to businesses,residences, schools,park
implemented in the
completion of MM
Natural Resources.
facilities, and other buildings when parking lots and street lanes are closed
manner stated.
HAZ-2, and prior to
during construction.
commencement of
construction of the
proposed wells or
pipelines..
HYDROLOGY AND WATER QUALITY
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
H�1Q-1
Manager shall be responsible for ensuring compliance with the following:Project
provide OCWD with
verification shall be
OCWD Executive
conditions of approval shall specify that,prior to issuance of a grading or dredging
written verification that
provided to OCWD
Director of
permit,appropriate Best Management Practices(BMPs)be incorporated into project
MM HWQ-1 has been
by YLWD upon
Planning and
planning to reduce construction pollutants in runoff,consistent with goals and
implemented in the
completion of MM
Natural Resources.
standards established under federal and state nonpoint source discharge NPDES
manner stated.
HWQ-1, and prior to
regulations and Basin Plan water quality objectives. To maximize effectiveness,the
the issuance of a
selected BMPs shall be based on finalized site-specific hydrologic conditions,with
grading or dredging
consideration for the types and locations of construction and development.
Mechanisms to maintain the BMPs shall be identified in the Conditions of Approval.
permit for
Construction BMPs could include,but are not limited to diversion of offsite run-off
construction of the
away from the construction area;prompt revegetation of proposed landscaped areas;
project facilities.
perimeter straw wattles or silt fences and/or temporary Basins to trap sediment before
it leaves the site;Regular sprinkling of exposed soils to control dust during
construction during the dry season;installation of a minor retention Basin(s)to
alleviate discharge of increased flows;specifications for construction waste handling
and disposal;erosion control measures maintained throughout the construction
period;preparation of stabilized construction entrances to avoid trucks from
imprinting debris on roadways;contained wash out and vehicle maintenance areas;
training of subcontractors on general construction area housekeeping;schedule
construction to minimize soil disturbance during the wet weather season;and regular
maintenance and storm event monitoring
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
HWQ_2
Manager shall be responsible for ensuring compliance with the following:Project
provide OCWD with
verification shall be
OCWD Executive
Conditions of Approval shall specify that appropriate post-construction Best
written verification that
provided to OCWD
Director of
Management Practices(BMPs)be incorporated into project design to reduce urban
MM HWQ-2 has been
by YLWD upon
Planning and
pollutants in runoff,consistent with goals and standards established under federal and
implemented in the
completion of MM
Natural Resources.
state nonpoint source discharge NPDES regulations and Basin Plan water quality
manner stated.
HWQ-2, and prior to
objectives. To maximize effectiveness,the selected BMPs shall be based on finalized
approval of the final
site-specific hydrologic conditions,with consideration for the types and locations of
design for the project
development. Mechanisms to maintain the BMPs shall be identified in the
Conditions of Approval.
facilities.
BMPs shall be selected from the wide range of effective measures outlined in the
CASA Handbook (California Stormwater Best Management Practices Handbook,
2003), the Bay Area Stormwater Management Agencies Association Start at the
Source-Design Guidance Manual, or similar documents that shall be identified prior
to final design approval. BMPs shall also identify mechanisms for routine
maintenance and repair of BMPs. These BMPs will be designed to comply with the
DAMP and NPDES permit requirements for structural and nonstructural controls.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
HWQ_3
Manager shall be responsible for ensuring compliance with the following: Individual
provide OCWD with
verification shall be
OCWD Executive
projects shall be designed to maintain pre-project stormwater runoff volume and flow
written verification that
provided to OCWD
Director of
for the 10-and 100-year flood events to prevent downstream and off-site flooding.
MM HWQ-3 has been
by YLWD upon
Planning and
implemented in the
I completion of MM
I Natural Resources.
manner stated.
HWQ-3, and prior to
approval of the final
design for the project
facilities.
NOISE
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
NOI-1
Manager shall be responsible for ensuring compliance with the following: In the
provide OCWD with
verification shall be
OCWD Executive
event that one of the proposed YLWD production wells is planned for the southwest
written verification that
provided to OCWD
Director of
corner of Van Buren Street and Miraloma Avenue, the YLWD shall require their
MM N01-1 has been
by YLWD upon
Planning and
construction drilling contractor to install a temporary noise attenuation barrier that
implemented in the
completion of MM
Natural Resources.
impedes that line-of-sight between the noise source of the drill rig and the residential
manner stated.
NOI-1, and prior to
use at the northeast corner of Van Buren Street and Sierra Vista Avenue. The
temporary noise attenuation barrier shall consist of a material that provides a Sound
the commencement of
Transmission Class (STC) rating of at least 21 (STC-21). All noise attenuation
construction of the
barriers shall be designed to preclude structural failure due to such factors as winds,
proposed project well.
shear,shallow soil failure,earthquakes,and erosion.
NOI-2
Pursuant to the agreement between OCWD and YLWD, the YLWD project manager
YLWD shall notify and
Notification and
Greg Woodside,
shall require all construction contractors to use construction equipment that have
provide OCWD with
verification shall be
OCWD Executive
noise-reduction features (e.g., mufflers and engine shrouds)that are no less effective
written verification that
provided to OCWD
Director of
than those originally installed by the manufacturer.
MM N01-2 has been
by YLWD upon
Planning and
implemented in the
completion of MM
Natural Resources.
manner stated.
N01-2, and prior to
the commencement of
construction of the
project facilities.
TRAFFIC
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
TRANS-I
Manager shall be responsible for ensuring compliance with the following:The
provide OCWD with
verification shall be
OCWD Executive
following recommendations shall be considered and implemented as appropriate on a
written verification that
provided to OCWD
Director of
project-by-project basis: (a)prior to the start of construction,the contractor shall
MM TRANS-1 has
by YLWD upon
Planning and
submit a Traffic Control Plan to the appropriate local jurisdiction for review and
been implemented in
completion of MM
Natural Resources.
approval. The plan shall be consistent with the Caltrans Traffic Manual,Chapter 5,
the manner stated.
TRANS-1, and prior
and should include the following information: signage posted in areas designated as
to the commencement
temporary traffic control zones,and speed limits to be observed within control zones;
of the project
(b)where appropriate for work on public roadways,the YLWD will submit a set of
proposed construction plans to agencies with jurisdiction over the roadways to allow
facilities.
them to comment on the proposed plans;(c)during construction of water pipelines or
other facilities that would be sited in or near the roadways,YLWD shall implement
traffic management measures as deemed necessary and applicable by a properly
licensed engineer;(d)before initiating construction of water transmission pipelines
and other facilities within or near roadways,YLWD shall provide notification of the
schedule and duration of construction activities to all affected fire,police,and
paramedic departments and services as well as any affected public transportation
agencies;(e)YLWD shall seek to coordinate all traffic control plans in the local
project area so that conflicts can be minimized by staggering construction schedules.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
TRANS-2
Manager shall be responsible for ensuring compliance with the following: Following
provide OCWD with
verification shall be
OCWD Executive
construction or during construction,as necessary to maintain safe driving conditions,
written verification that
provided to OCWD
Director of
any damage to existing roadways caused by construction vehicles and equipment will
MM TRANS-2 has
by YLWD upon
Planning and
be repaired as required in accordance with applicable city, county or Caltrans
been implemented in
completion of MM
Natural Resources.
standards.
the manner stated.
TRANS-2 following
completion of project
facilities construction.
EXHIBIT D
Annexation Charge Report
To be completed and submitted to OCWD no later than December 15, 20_with payment due no later than January
15,20
The Annexation Charge Formula=A x B x C/D x E for Water Year 20 -20
A. THE BASIN PRODUCTION PERCENTAGE ESTABLISHED
BY OCWD DURING THE APPLICABLE WATER YEAR.
Basin Production Percentage A= %
B. THE GREATER OF EITHER(1)APPLICABLE WATER YEAR TOTAL WATER
DEMAND WITHIN THE SUBJECT TERRITORY OR(2) 10%OF THE ULTIMATE
ANNUAL TOTAL WATER DEMAND WITHIN THE SUBJECT TERRITORY.
"TOTAL WATER DEMAND" SHALL EXCLUDE WATER DEMAND
SERVED THROUGH APPLICANT'S NONPOTABLE WATER DISTRIBUTION
SYSTEM.
1. Applicable water year total water demand within the Subject Territory AF
2. Or 10%of the ultimate annual total water demand within the Subject Territory AF
3. The greater of line 1 or 2 B = AF
C. THE ACTUAL AD VALOREM PROPERTY TAX REVENUES COLLECTED,PLUS
ANNEXATION FEES PAID TO OCWD FOR LANDS WITHIN THE OCWD BOUNDARIES
OTHER THAN THE SUBJECT TERRITORY,PLUS ANY PASS-THROUGH TAX
INCREMENTS RECEIVED FROM REDEVELOPMENT AGENCIES WITHIN OCWD(OR
THEIR SUCCESSOR AGENCIES),DURING THE APPLICABLE WATER
YEAR. PROVIDED,HOWEVER,THAT IN NO EVENT SHALL"C"BE LESS THAN$19
MILLION FOR THE FIRST 56 YEARS OF THE ANNEXATION AGREEMENT.
C=$
D. THE TOTAL QUANTITY OF GROUNDWATER PRODUCED WITHIN
THE BOUNDARIES OF OCWD DURING THE
APPLICABLE WATER YEAR. "GROUNDWATER PRODUCED"
SHALL INCLUDE IN-LIEU WATER DELIVERIES.
D= AF
E. THE APPLICABLE PERCENTAGE,BASED UPON THE PERCENTAGE
OF GROUNDWATER PRODUCED WITHIN THE TOTAL SERVICE
AREA OF THE APPLICANT BASED ON TABLE 1. E= 100 %
(assumed to be 100%for the life of this agreement).
Calculation of Total Annexation Charge due to OCWD:
(A) %x(B)x$ C( /D) x 100% = $
DATE SIGNATURE_
12
ANNEXATION CHARGE TABLE 1
Percent Groundwater
Used Within Service Applicable
Area of Annexing Purvey urvey Percentage
0% - 5.99% 10%
6.0% - 9.99% 16%
10.0% - 14.99% 25%
15.0% - 19.99% 30%
20.0% - 24.99% 40%
25.0% - 29.99% 48%
30.0% - 34.99% 55%
35.0% - 39.99% 64%
40.0% - 44.99% 72%
45.0% - 49.99% 80%
50.0% - 100.00% 100%
Percentage shall always be 100%
13
EXHIBIT E
Annexation Charge Sample Calculation
To be completed and submitted to OCWD no later than December 15, 2012 with payment due no later than January
15,2013
The Annexation Charge Formula=A x B x C/D x E for Water Year 2011-2012
A. THE BASIN PRODUCTION PERCENTAGE ESTABLISHED
BY OCWD DURING THE APPLICABLE WATER YEAR.
Basin Production Percentage A = 65 %
B. THE GREATER OF EITHER(1)APPLICABLE WATER YEAR TOTAL WATER
DEMAND WITHIN THE ANNEXED AREA OR(2) 10%OF THE ULTIMATE
ANNUAL TOTAL WATER DEMAND WITHIN THE ANNEXED AREA.
"TOTAL WATER DEMAND" SHALL EXCLUDE WATER DEMAND
SERVED THROUGH APPLICANT'S NONPOTABLE WATER DISTRIBUTION
SYSTEM.
1. Applicable water year total water demand within Annexed Area 6,518 AF
2. Or 10%of the ultimate annual total water demand within Annexed Area AF
3. The greater of line 1 or 2 B = 6,518 AF
C. THE ACTUAL AD VALOREM PROPERTY TAX REVENUES COLLECTED,PLUS
ANNEXATION FEES PAID TO OCWD FOR LANDS WITHIN THE OCWD BOUNDARIES
OTHER THAN THE SUBJECT TERRITORY,PLUS ANY PASS-THROUGH TAX
INCREMENTS RECEIVED FROM REDEVELOPMENT AGENCIES WITHIN OCWD(OR
THEIR SUCCESSOR AGENCIES),DURING THE APPLICABLE WATER
YEAR. PROVIDED,HOWEVER,THAT IN NO EVENT SHALL"C"BE LESS THAN$19
MILLION FOR THE FIRST 56 YEARS OF THE ANNEXATION AGREEMENT.
C = $20,335,633
D. THE TOTAL QUANTITY OF GROUNDWATER PRODUCED WITHIN
THE BOUNDARIES OF OCWD DURING THE APPLICABLE
WATER YEAR. "GROUNDWATER PRODUCED" SHALL
INCLUDE IN-LIEU WATER DELIVERIES.
D = 298,317 AF
E. THE APPLICABLE PERCENTAGE,BASED UPON THE PERCENTAGE
OF GROUNDWATER PRODUCED WITHIN THE TOTAL SERVICE
AREA OF THE APPLICANT BASED ON TABLE 1. E = 100 %
(assumed to be 100%for the life of this agreement).
Calculation of Total Annexation Charge due to OCWD:
65%x 6,518 x($20,335,633/298,317)x 100% _ $288,807
DATE SIGNATURE_
14
EXHIBIT E (PAGE 2)
Annexation Charge Report
ANNEXATION CHARGE TABLE 1
Percent Groundwater
Used Within Service Applicable
Area of Annexing Purve o Percentage
0% - 5.99% 10%
6.0% - 9.99% 16%
10.0% - 14.99% 25%
15.0% - 19.99% 30%
20.0% - 24.99% 40%
25.0% - 29.99% 48%
30.0% - 34.99% 55%
35.0% - 39.99% 64%
40.0% - 44.99% 72%
45.0% - 49.99% 80%
50.0% - 100.00% 100%
Percentage shall always be 100%
15
EXHIBIT F
Methodology for Calculating Total Water Demands within YLWD's Annexing Area
The "New Area" is the area in YLWD's service area that will be annexed to OCWD in
accordance with the Annexation Agreement. Using YLWD's Geographic Information
System (GIS), YLWD staff is able to extract the number of water meters within the New
Area, of which there are currently 4,845. All YLWD meters are read and logged on a
monthly basis. YLWD is able to determine the annual consumption through the 4,845
meters to calculate the total annual water demand in the New Area. For the period July
1 , 2012 through June 30, 2013, the total water demand for the New Area was 5,390 AF.
It is estimated that the New Area is 93% developed. As the remaining area develops,
the development data will be added to the GIS database, including all new water
meters. That will result in a new total of water meters for the New Area, which will be
combined with meter consumption data, to provide an updated total water demand for
each successive Water Year.
16
EXHIBIT C
MITIGATION MONITORING AND REPORTING PROGRAM
[ATTACHED BEHIND THIS PAGE]
Resolution No. 13-14 Annexation to OCVVD 7
ORANGE COUNTY WATER DISTRICT ANNEXATION REQUEST BY
THE CITY OF ANAHEIM, IRVINE RANCH WATER DISTRICT, AND
YORBA LINDA WATER DISTRICT
SECTION 6
MITIGATION MONITORING AND REPORTING PROGRAM
State Clearinghouse#2011071095
PURPOSE
This section lists all mitigation measures contained in Final Program/Project EIR (FEIR) for the proposed Orange
County Water District(OCWD)Annexation Requests by the City of Anaheim,Irvine Ranch Water District(IRWD)
and Yorba Linda Water District(YLWD). The mitigation measures are provided in the format of a Comprehensive
Mitigation Monitoring and Reporting Program. This Program complies with State Public Resources Code §21086.6
which requires public agencies approving a project under CEQA to establish a program for monitoring and reporting
on the adopted mitigation plan.
ADOPTION OF MITIGATION MEASURES
As part of deliberations concerning the proposed project,the OCWD Board of Directors will be required to consider
adoption of the mitigation measures listed herein. If the OCWD Board of Directors approves the Annexation
Requests by the City of Anaheim, Irvine Ranch Water District (IRWD) and Yorba Linda Water District (YLWD),
the Board will be required to specify whether these mitigation measures are to be formally incorporated as
conditions of project approval.
MONITORING AND REPORTING PROCEDURES
The OCWD Board of Directors will be responsible for ensuring that all adopted mitigation measures are
implemented in the manner outlined in this Program. OCWD staff will be responsible for ensuring that mitigation
measures are satisfactorily monitored, and for reporting to the OCWD Board of Directors regarding progress in
fulfilling the mitigation obligations. The Board of Directors will in turn be responsible for considering the reports
submitted by staff, and determining whether the measures are being implemented and enforced as intended in this
Mitigation Monitoring and Reporting Program. It will be the responsibility of the Board of Directors to amend these
mitigation measures if necessary to achieve the environmental protections herein.
REGULATORY AND CODE COMPLIANCE STANDARDS
The project will be subject to a number of uniform code requirements and standard conditions of approval. Many of
these requirements have been established to safeguard environmental resources,and/or to promulgate environmental
goals and objectives. If the proposed annexations are approved, compliance with applicable uniform regulations
will be mandatory (not discretionary). Such regulations do not conform to the strict definition of mitigation.
Although regulatory standards and codes are not necessarily incorporated into this mitigation program, it is
understood that full compliance with all relevant regulatory and code compliance standards shall be required
throughout all stages of project implementation.
COMPILATION OF MITIGATION MEASURES
The following mitigation measures are proposed to eliminate, avoid, or reduce to a level of insignificance the
potential environmental effects of the proposed OCWD Annexation Requests by the City of Anaheim, IRWD and
YLWD that have been found to be potentially substantial and adverse.
1
ORANGE COUNTY WATER DISTRICT ANNEXATION REQUEST PROJECT
MITIGATION IMPLEMENTATION AND MONITORING PROGRAM AND FORM
State Clearinghouse#2011071095
Project Approval Date:
Project File Number:
The following mitigation measures have been adopted by the OCWD Board of Directors. As such, these measures represent formal conditions of approval that shall govern implementation of the
annexation request project. The Orange County Water District staff shall be responsible for monitoring and reporting progress on these measures until all measures are fulfilled in accordance with their
original purpose and intent,as determined by the OCWD Board of Directors. This monitoring form shall be available for public review and inspection,and final project clearance shall require that all
verifications included in this form have been satisfactorily completed.
2
METHOD OF
TIMING OF
RESPONSIBLE
COMPLETION
NO,
MITIGATION MEASURE
VERIFICATION
VERIFICATION
PERSON
DATEANITIALS
AESTHETICS
Pursuant to the agreement between the OCWD and the YLWD,the YLWD
YLWD shall notify and
Notification and
Greg Woodside,
AES-1
Project Manager shall be responsible for ensuring compliance with the following:
provide OCWD with
verification shall
OCWD Executive
Consistent with policies and programs of the local agency in which the facilities
written verification that
be provided to
Director of
are located,YLWD shall design future annexation-related facilities to protect
MM AES-I has been
OCWD by YLWD
Planning and
scenic values and to avoid visual intrusions.
implemented in the
upon completion of
Natural Resources.
manner stated.
MM AES-1, and
prior to the start of
construction of the
annexation-related
facilities.
AIR QUALITY
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
AIR-1
Manager shall be responsible for ensuring that at least one of the following options
provide OCWD with
verification shall
OCWD Executive
is adhered to during construction of project-related well and pipeline elements:
written verification that
be provided to
Director of
Option 1: Prepare an air quality emissions analysis for construction activity with
MM AIR-1 has been
OCWD by YLWD
Planning and
project-specific information prior to start of construction for well and/or pipeline
implemented in the
upon completion of
Natural Resources.
construction. Emissions analysis shall detail the off-road equipment list,any
manner stated.
MM AIR-1, and
emission control devices added onto off-road equipment,and engine tiers(if
prior to the start of
known)as well as soils hauling and vendor trip numbers and trip lengths. The
well or pipeline
analysis shall demonstrate that well and pipeline installation construction shall not
construction.
exceed the SCAQMD's mass emissions thresholds of significance. The YLWD
project manager shall;ensure that construction managers adhere to the equipment
and trip data specified in the emissions analysis.
2
Option 2: If specific facility construction would generate the same or less
horsepower hours per day as utilized in the analysis,and would not generate more
on-road trips than analyzed,then: (a)well and pipeline construction shall not occur
on the same day;(b)Tier 3 engines shall be used for all off-road pipeline
construction equipment greater than 100 horsepower.
BIOLOGY
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
BIO-1 Manager shall be responsible for ensuring compliance with the following: Once
the construction locations are finalized,if any of the proposed well or pipeline
facilities occur in the immediate vicinity of the 4 OCWD recharge basins and/or
the adjacent native riparian restoration site,the presence of any riparian associated
special status species must be determined prior to project construction. A
presence/absence survey must be conducted by a qualified and/or permitted
biologist to determine the current occupancy of the adjacent native riparian
restoration site.
Presence/absence surveys must be conducted according to accepted protocol for
the appropriate species. A permitted biologist will be required to survey for federal
and state listed species, If the existing native riparian habitat restoration site is
determined to be occupied by any riparian habitat-associated special status species
and facilities are proposed adjacent to this habitat,additional avoidance and
minimization measures will be require such as those described in MM BIO-2
below.
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
BIO.2 Manager shall be responsible for ensuring compliance with the following: If it is
determined that a special-status species is currently occupying any portion of the
OCWD Basins or adjacent native riparian restoration site,a biological monitor
must be onsite to assess the potential for the project to indirectly impact the
special-status species. If the monitor determines there is a potential for indirect
impacts,additional avoidance measures will be required,such as construction
activities may not encroach within the occupied territory at a minimum of 350'for
passerines and 500'for raptors. Additionally,depending on the construction
proximity and sensitivity of the special-status species,a noise monitor may be
required to ensure that indirect noise impacts do not result in the harassment and
potential take of the species. An average of 60dB per hour at a known nest
location for certain special-status species,such as least Bell's vireo,may result in
potential nest failure and subsequent`take of the active nest. Construction-related
noise must be below 60dB per hour during the nesting season to ensure indirect
`take' of the special-status species does not occur.
YLWD shall notify and
provide OCWD with
written verification that
MM 1310-1 has been
implemented in the
manner stated.
YLWD shall notify and
provide OCWD with
written verification that
MM 1310-2 has been
implemented in the
manner stated.
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project YLWD shall notify and
BIO-3 Manager shall be responsible for ensuring compliance with the following: Project provide OCWD with
activities in the YLWD proposed facility area may occur within or immediately written verification that
Notification and
verification shall
be provided to
OCWD by YLWD
upon completion of
MM 1310-1, and
prior to
commencement of
construction of the
proposed wells or
pipelines.
Notification and
verification shall
be provided to
OCWD by YLWD
upon completion of
MM 1310-2, and
prior to
commencement of
construction of the
proposed wells or
pipelines.
Notification and
verification shall
be provided to
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
Planning and
Natural Resources.
Greg Woodside,
OCWD Executive
Director of
adjacent to suitable nesting habitat for a number of common and sensitive native,
MM 1310-3 has been
OCWD by YLWD
Planning and
resident and migratory bird species protected under the SDFG Code 3500 and the
implemented in the
upon completion of
Natural Resources.
Migratory Bird Treaty Act. If a proposed production well or facility site will be
manner stated.
MM 13I0-3, and
constructed within or immediately adjacent to suitable nesting habitat (i.e., trees,
prior to
shrubs,lattice towers and/or utility poles), construction activities should avoid the
commencement of
general nesting season of February through August. If construction cannot avoid
construction of the
the nesting season, a preconstruction clearance survey must be conducted to
determine if any nesting birds or nesting activity is observed on or within 500' of
proposed wells or
the project site. If an active nest is observed during the survey, a biological
pipelines.
monitor must be on site to ensure that no project activities impact the active nest.
The biological monitor will establish a suitable buffer around the active nest until
the nestlings have fledged, and the nest is no longer active. Project activities may
continue in the vicinity of the nest only at the discretion of the biological monitor.
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
B10.4
Manager shall be responsible for ensuring compliance with the following: Once
provide OCWD with
verification shall
OCWD Executive
the locations of proposed production wells are finalized, the potential to impact a
written verification that
be provided to
Director of
street tree located within a public right-of-way must be determined by a certified
MM 1310-4 has been
OCWD by YLWD
Planning and
arborist prior to project construction. The exact location of a production well, in
implemented in the
upon completion of
Natural Resources.
relation to an existing street tree, will be analyzed to determine if any pruning,
manner stated.
MM 1310-4, and
trimming or removal is warranted in order to facilitate construction of the proposed
production well. If the proposed construction will result in any impact to an
prior to
existing street tree,additional mitigation will be required.
commencement of
construction of the
proposed wells or
pipelines.
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
B10-5
Manager shall be responsible for ensuring compliance with the following: If it is
provide OCWD with
verification shall
OCWD Executive
determined that construction of any of the three proposed production wells will
written verification that
be provided to
Director of
result in the trimming,pruning or removal of any street tree protected by Chapter
MM 1310-5 has been
OCWD by YLWD
Planning and
13.12 of the City of Anaheim Municipal Code, written authorization must be
implemented in the
upon completion of
Natural Resources.
obtained by the director of Community Services Department prior to impacting the
manner stated.
MM 1310-5, and
street tree. Any trimming, cutting or pruning must be conducted in accordance
with the standards adopted by the International Society of Arboriculture. All tree-
prior to
impacting activity must adhere to the provisions and standards outlined in Chapter
commencement of
13.12 of the City of Anaheim Municipal Code.
construction of the
proposed wells or
pipelines..
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
B10-6
Manager shall be responsible for ensuring compliance with the following: Project
provide OCWD with
verification shall
OCWD Executive
impacts to street trees should avoid the general nesting season of February through
written verification that
be provided to
Director of
August to reduce any potential impact to potentially nesting avian species.
MM 1310-6 has been
OCWD by YLWD
Planning and
Additional avoidance and minimization measures to reduce potentially suitable
implemented in the
upon completion of
Natural Resources.
nesting habitat are detailed in MM BIO-3 above.
manner stated.
MM 13I0-6, and
prior to
commencement of
construction of the
proposed wells or
i elines..
GEOLOGY AND SOILS
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
GEO-1
Manager shall be responsible for ensuring compliance with the following: (a)To
provide OCWD with
verification shall be
OCWD Executive
reduce the hazards of seismic damage,project sites shall not be located in known
written verification that
provided to OCWD
Director of
active fault zones,if possible. A licensed geotechnical engineer shall conduct a
MM GEO-1 has been
by YLWD upon
Planning and
geotechnical engineering investigation for all applicable facilities,The geotechnical
implemented in the
completion of MM
Natural Resources.
engineer shall prepare a report that summarizes results of a field investigation,
manner stated.
GEO-1, and prior to
including site inspection and soil testing,potential geologic hazards(fault rupture and
severe secondary effects),along with design criteria and construction methods to
approval of the final
effectively construct the proposed facilities with an acceptable level of risk with
design for the
respect to earthquake,liquefaction,foundations,landscaping,dewatering,ground-
proposed wells and
water,retaining walls(if applicable),pavement sections,and utilities. The report
pipelines.
shall address all geologic and geotechnical factors related to the design and
construction of the proposed project.The geotechnical engineering investigation shall
delineate areas of active and potentially active faults.To the extent possible,it shall
identify fault traces and locate them in the field so faults can be avoided;(b)
Appropriate seismic design provisions shall be implemented with project design and
construction in accordance with governing building codes.Unless superseded by
other regulatory provisions or standards,seismic design criteria shall be developed
ion the basis of the requirements of the current CBC.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
GE O-2
Manager shall be responsible for ensuring compliance with the following: All
provide OCWD with
verification shall be
OCWD Executive
practicable precautions shall be taken to design and construct project facilities to
written verification that
provided to OCWD
Director of
withstand the projected ground shaking associated with the characteristic earthquakes
MM GEO-2 has been
by YLWD upon
Planning and
in the area. This includes secondary hazards induced by earthquakes (liquefaction,
implemented in the
completion of MM
Natural Resources.
lurching,lateral spreading,rapid differential settlement,induced landslides and rock-
manner stated.
GEO-2, and prior to
fall avalanches). Project structures shall be designed using project-specific criteria in
accordance with the latest revision of the National Electrical Safety Code and the
the approval of the
CBC.
final design for the
proposed well and
pipelines.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
GE O-3
Manager shall be responsible for ensuring compliance with the following: Prior to
provide OCWD with
verification shall be
OCWD Executive
commencement of grading or dredging permit, appropriate Best Management
written verification that
provided to OCWD
Director of
Practices (BMPs) shall be incorporated into project planning to reduce construction
MM GEO-3 has been
by YLWD upon
Planning and
pollutants in runoff,consistent with goals and standards established under federal and
implemented in the
completion of MM
Natural Resources.
state nonpoint source discharge NPDES regulations and Basin Plan water quality
manner stated.
I GEO-3, and prior to
objectives. To maximize effectiveness,the selected BMPs shall be based on finalized
the commencement of
site-specific hydrologic conditions with consideration for the types and locations of
grading or
construction and development. Mechanisms to maintain the BMPs shall be identified
construction for the
in the Conditions of Approval. Construction BMPs could include,but are not limited
project facilities.
to the following: diversion of offsite runoff away from the construction area;prompt
revegetation of proposed landscaped areas; perimeter straw wattles or silt fences
and/or temporary basins to trip sediment before it leaves the site;regular sprinkling of
exposed soils to control dust during construction during the dry season;installation of
a minor retention basin to alleviate discharge of increased flows; specifications for
construction waste handling and disposal; erosion control measures maintained
throughout the construction period preparation of stabilized construction entrances to
avoid trucks from imprinting debris on public roadways; contained wash-out and
vehicle maintenance areas; training of subcontractors on general construction area
housekeeping; construction scheduling to minimize soil disturbance during the wet
weather season;regular maintenance and storm event monitoring.
HAZARDS and HAZARDOUS MATERIALS
Pursuant to the agreement between the OCWD and the YLWD,the YLWD
YLWD shall notify and
Notification and
Greg Woodside,
HAZ-1
Project Manager shall be responsible for ensuring compliance with the
provide OCWD with
verification shall be
OCWD Executive
following: Prior to construction of any proposed facilities that are located at
written verification that
provided to OCWD
Director of
one or both of the existing plugged wells, a written verification shall be
MM HAZ-1 has been
by YLWD upon
Planning and
obtain from the Department of Oil,Gas and Geothermal Resources that the
implemented in the
completion of MM
Natural Resources.
plugged well within the grading envelop was properly abandoned pursuant to
manner stated.
HAZ-1, and prior to
their regulations.
commencement of
construction of the
proposed wells or
pipelines.
Pursuant to the agreement between the OCWD and the YLWD,the YLWD
YLWD shall notify and
Notification and
Greg Woodside,
HAZ-2
Project Manager shall be responsible for ensuring compliance with the
provide OCWD with
verification shall be
OCWD Executive
following: Prior to construction, YLWD shall prepare a Traffic Control Plan
written verification that
provided to OCWD
Director of
for approval by the City of Anaheim. The plan shall include management
MM HAZ-2 has been
by YLWD upon
Planning and
practices to maintain access to businesses,residences, schools,park
implemented in the
completion of MM
Natural Resources.
facilities, and other buildings when parking lots and street lanes are closed
manner stated.
HAZ-2, and prior to
during construction.
commencement of
construction of the
proposed wells or
pipelines..
HYDROLOGY AND WATER QUALITY
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
H�1Q-1
Manager shall be responsible for ensuring compliance with the following:Project
provide OCWD with
verification shall be
OCWD Executive
conditions of approval shall specify that,prior to issuance of a grading or dredging
written verification that
provided to OCWD
Director of
permit,appropriate Best Management Practices(BMPs)be incorporated into project
MM HWQ-1 has been
by YLWD upon
Planning and
planning to reduce construction pollutants in runoff,consistent with goals and
implemented in the
completion of MM
Natural Resources.
standards established under federal and state nonpoint source discharge NPDES
manner stated.
HWQ-1, and prior to
regulations and Basin Plan water quality objectives. To maximize effectiveness,the
the issuance of a
selected BMPs shall be based on finalized site-specific hydrologic conditions,with
grading or dredging
consideration for the types and locations of construction and development.
Mechanisms to maintain the BMPs shall be identified in the Conditions of Approval.
permit for
Construction BMPs could include,but are not limited to diversion of offsite run-off
construction of the
away from the construction area;prompt revegetation of proposed landscaped areas;
project facilities.
perimeter straw wattles or silt fences and/or temporary Basins to trap sediment before
it leaves the site;Regular sprinkling of exposed soils to control dust during
construction during the dry season;installation of a minor retention Basin(s)to
alleviate discharge of increased flows;specifications for construction waste handling
and disposal;erosion control measures maintained throughout the construction
period;preparation of stabilized construction entrances to avoid trucks from
imprinting debris on roadways;contained wash out and vehicle maintenance areas;
training of subcontractors on general construction area housekeeping;schedule
construction to minimize soil disturbance during the wet weather season;and regular
maintenance and storm event monitoring
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
HWQ_2
Manager shall be responsible for ensuring compliance with the following:Project
provide OCWD with
verification shall be
OCWD Executive
Conditions of Approval shall specify that appropriate post-construction Best
written verification that
provided to OCWD
Director of
Management Practices(BMPs)be incorporated into project design to reduce urban
MM HWQ-2 has been
by YLWD upon
Planning and
pollutants in runoff,consistent with goals and standards established under federal and
implemented in the
completion of MM
Natural Resources.
state nonpoint source discharge NPDES regulations and Basin Plan water quality
manner stated.
HWQ-2, and prior to
objectives. To maximize effectiveness,the selected BMPs shall be based on finalized
approval of the final
site-specific hydrologic conditions,with consideration for the types and locations of
design for the project
development. Mechanisms to maintain the BMPs shall be identified in the
Conditions of Approval.
facilities.
BMPs shall be selected from the wide range of effective measures outlined in the
CASA Handbook (California Stormwater Best Management Practices Handbook,
2003), the Bay Area Stormwater Management Agencies Association Start at the
Source-Design Guidance Manual, or similar documents that shall be identified prior
to final design approval. BMPs shall also identify mechanisms for routine
maintenance and repair of BMPs. These BMPs will be designed to comply with the
DAMP and NPDES permit requirements for structural and nonstructural controls.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
HWQ_3
Manager shall be responsible for ensuring compliance with the following: Individual
provide OCWD with
verification shall be
OCWD Executive
projects shall be designed to maintain pre-project stormwater runoff volume and flow
written verification that
provided to OCWD
Director of
for the 10-and 100-year flood events to prevent downstream and off-site flooding.
MM HWQ-3 has been
by YLWD upon
Planning and
implemented in the
I completion of MM
I Natural Resources.
manner stated.
HWQ-3, and prior to
approval of the final
design for the project
facilities.
NOISE
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
NOI-1
Manager shall be responsible for ensuring compliance with the following: In the
provide OCWD with
verification shall be
OCWD Executive
event that one of the proposed YLWD production wells is planned for the southwest
written verification that
provided to OCWD
Director of
corner of Van Buren Street and Miraloma Avenue, the YLWD shall require their
MM N01-1 has been
by YLWD upon
Planning and
construction drilling contractor to install a temporary noise attenuation barrier that
implemented in the
completion of MM
Natural Resources.
impedes that line-of-sight between the noise source of the drill rig and the residential
manner stated.
NOI-1, and prior to
use at the northeast corner of Van Buren Street and Sierra Vista Avenue. The
temporary noise attenuation barrier shall consist of a material that provides a Sound
the commencement of
Transmission Class (STC) rating of at least 21 (STC-21). All noise attenuation
construction of the
barriers shall be designed to preclude structural failure due to such factors as winds,
proposed project well.
shear,shallow soil failure,earthquakes,and erosion.
NOI-2
Pursuant to the agreement between OCWD and YLWD, the YLWD project manager
YLWD shall notify and
Notification and
Greg Woodside,
shall require all construction contractors to use construction equipment that have
provide OCWD with
verification shall be
OCWD Executive
noise-reduction features (e.g., mufflers and engine shrouds)that are no less effective
written verification that
provided to OCWD
Director of
than those originally installed by the manufacturer.
MM N01-2 has been
by YLWD upon
Planning and
implemented in the
completion of MM
Natural Resources.
manner stated.
N01-2, and prior to
the commencement of
construction of the
project facilities.
TRAFFIC
Pursuant to the agreement between the OCWD and the YLWD,the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
TRANS-I
Manager shall be responsible for ensuring compliance with the following:The
provide OCWD with
verification shall be
OCWD Executive
following recommendations shall be considered and implemented as appropriate on a
written verification that
provided to OCWD
Director of
project-by-project basis: (a)prior to the start of construction,the contractor shall
MM TRANS-1 has
by YLWD upon
Planning and
submit a Traffic Control Plan to the appropriate local jurisdiction for review and
been implemented in
completion of MM
Natural Resources.
approval. The plan shall be consistent with the Caltrans Traffic Manual,Chapter 5,
the manner stated.
TRANS-1, and prior
and should include the following information: signage posted in areas designated as
to the commencement
temporary traffic control zones,and speed limits to be observed within control zones;
of the project
(b)where appropriate for work on public roadways,the YLWD will submit a set of
proposed construction plans to agencies with jurisdiction over the roadways to allow
facilities.
them to comment on the proposed plans;(c)during construction of water pipelines or
other facilities that would be sited in or near the roadways,YLWD shall implement
traffic management measures as deemed necessary and applicable by a properly
licensed engineer;(d)before initiating construction of water transmission pipelines
and other facilities within or near roadways,YLWD shall provide notification of the
schedule and duration of construction activities to all affected fire,police,and
paramedic departments and services as well as any affected public transportation
agencies;(e)YLWD shall seek to coordinate all traffic control plans in the local
project area so that conflicts can be minimized by staggering construction schedules.
Pursuant to the agreement between the OCWD and the YLWD, the YLWD Project
YLWD shall notify and
Notification and
Greg Woodside,
TRANS-2
Manager shall be responsible for ensuring compliance with the following: Following
provide OCWD with
verification shall be
OCWD Executive
construction or during construction,as necessary to maintain safe driving conditions,
written verification that
provided to OCWD
Director of
any damage to existing roadways caused by construction vehicles and equipment will
MM TRANS-2 has
by YLWD upon
Planning and
be repaired as required in accordance with applicable city, county or Caltrans
been implemented in
completion of MM
Natural Resources.
standards.
the manner stated.
TRANS-2 following
completion of project
facilities construction.