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