HomeMy WebLinkAbout11-04-09 Board Packet (Part 1)OTAY WATER DISTRICT
BOARD OF DIRECTORS MEETING
DISTRICT BOARDROOM
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY,CALIFORNIA
WEDNESDAY
November 4,2009
3:30 P.M.
AGENDA
1.ROLL CALL
2.PLEDGE OF ALLEGIANCE
3.APPROVAL OF AGENDA
4.PUBLIC PARTICIPATION -OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO
SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S
JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA
CONSENT CALENDAR
5.ITEMS TO BE ACTED UPON WITHOUT DISCUSSION,UNLESS A REQUEST IS
MADE BY A MEMBER OF THE BOARD OR THE PUBLIC TO DISCUSS A PAR-
TICULAR ITEM:
a)APPROVE A PROFESSIONAL CORROSION SERVICES AGREEMENT
WITH SCHIFF ASSOCIATES FOR FISCAL YEARS 2010 AND 2011 (END-
ING JUNE 30,2011)FOR THE CATHODIC PROTECTION PROGRAM IN
AN AMOUNT NOT-TO-EXCEED $250,000
b)UPDATE REPORT REGARDING THE PREPARATION OF THE DIS-
TRICT'S SUBAREA PLAN FOR THE JOINT WATER AGENCIES NATURAL
COMMUNITY CONSERVATION PLAN/HABITAT CONSERVATION PLAN
c)ACCEPT THE DISTRICT'S AUDITED FINANCIAL STATEMENTS,INCLUD-
ING THE INDEPENDENT AUDITORS'UNQUALIFIED OPINION,FOR FIS-
CAL YEAR ENDED JUNE 30,2009
d)REJECT GARY AND MARY TIMM CLAIM
e)APPROVE AN AGREEMENT WITH NEW CINGULAR WIRELESS PCS,
LLC,A DELAWARE LIMITED LIABILITY COMPANY (NEW CINGULAR)
FOR THE INSTALLATION OF A COMMUNICATIONS FACILITY AT THE
832-1 &2 RESERVOIR SITE
1
2
f) APPROVE AN AGREEMENT WITH NEW CINGULAR WIRELESS PCS,
LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR THE INSTALLA-
TION OF A COMMUNICATIONS FACILITY AT THE 1200-1 RESERVOIR
SITE
ACTION ITEMS
6. FINANCE AND ADMINISTRATION
a) ADOPT RESOLUTION NO. 4150 APPROVING THE FORM OF AND AU-
THORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND
SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO
THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM
THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH (BEACHEM)
7. BOARD
a) DISCUSSION OF 2009 BOARD MEETING CALENDAR
INFORMATIONAL ITEMS
8. THESE ITEMS ARE PROVIDED TO THE BOARD FOR INFORMATIONAL PUR-
POSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA
ITEMS.
a) UPDATE REPORT REGARDING THE ONGOING MONITORING OF THE
WATER RATE FORECAST (BEACHEM)
b) UPDATE REPORT ON CONTRACTING NON-CORE DISTRICT SERVICES
(WILLIAMSON)
c) UPDATE REPORT ON FISCAL YEAR 2009 STRATEGIC PLAN AND PER-
FORMANCE MEASURES REPORT AND REPORT ON AWWA SELF-
ASSESSMENT SURVEY (STEVENS)
REPORTS
9. GENERAL MANAGER’S REPORT
a) SAN DIEGO COUNTY WATER AUTHORITY UPDATE
10. DIRECTORS' REPORTS/REQUESTS
11. PRESIDENT’S REPORT
RECESS TO CLOSED SESSION
12.CLOSED SESSION
a)CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION [GOV-
ERNMENT CODE §54956.9(a)]
(I)INFRASTRUCTURE ENGINEERING CORP v.OTAY WATER DIS-
TRICT,COUNTY OF SAN DIEGO,SUPERIOR COURT,CASE NO.
37-2008-00093876-CU-BC-CTL
(II)MULTIPLE CASES RELATED TO THE FENTON BUSINESS CEN-
TER AND FILED WITH THE SUPERIOR COURT OF THE COUNTY
OF SAN DIEGO CONSOLIDATED UNDER CASE NO.37-2007-
00077024-CU-BC-SC
RETURN TO OPEN SESSION
13.REPORT ON ANY ACTIONS TAKEN IN CLOSED SESSION.THE BOARD MAY
ALSO TAKE ACTION ON ANY ITEMS POSTED IN CLOSED SESSION
14.ADJOURNMENT
All items appearing on this agenda,whether or not expressly listed for action,may be
deliberated and may be subject to action by the Board.
The Agenda,and any attachments containing written information,are available at the
District's website at www.otaywater.gov.Written changes to any items to be considered at
the open meeting,or to any attachments,will be posted on the District's website.Copies
of the Agenda and all attachments are also available through the District Secretary by
contacting her at (619)670-2280.
If you have any disability which would require accommodation in order to enable you to
participate in this meeting, please call the District Secretary at (619)670-2280 at least 24
hours prior to the meeting.
Certification of Posting
I certify that on October 30,2009,I posted a copy of the foregoing agenda near the
regular meeting place of the Board of Directors of Otay Water District,said time being at
least 72 hours in advance of the regular meeting of the Board of Directors (Government
Code Section §54954.2).
Executed at Spring Valley,California on October 30,2009.
3
AGENDA ITEM 5a
STAFF REPORT
November 4,2009TYPEMEETING:
SUBMITTED BY:
Regular Board
Bob Kennedy ~~
Associate Civil Engineer
MEETING DATE:
PROJECT I
SUBPROJECTS:
P1043-
006000
DIV.
NO.
ALL
APPROVED BY:
(Chief)
APPROVED BY:
(Asst.GM):
SUBJECT:
Ron Ripperger ~
Engineering Manager
Rod posad~O~
Chief,Engineering
Manny Magan~~
Assistant General i\lnager,Engineering and Operations
Award of a Professional Corrosion Services Contract for
Fiscal Years 2010 and 2011 Cathodic Protection Program
GENERAL MANAGER'S RECOMMENDATION:
That the Otay Water District (District)Board of Directors
(Board)authorize the General Manager to execute a professional
corrosion services agreement with Schiff Associates (Schiff)for
Fiscal Years 2010 and 2011 (ending June 30,2011)Cathodic
Protection Program in an amount not-to-exceed $250,000.
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
That the Board authorize the General Manager to enter into a
professional corrosion services agreement with Schiff for the
Cathodic Protection Program in an amount not-to-exceed $250,000
for Fiscal Years 2010 and 2011.
ANALYSIS:
The District requires the services of a corrosion consulting
firm to provide a variety of professional services.The
Cathodic'·Protection Program includes the selection of
appropriate corrosion resistant materials,the use of coatings
and linings to prevent corrosion,and cathodic protection.The
Cathodic Protection Program results in long-term benefits to the
District by ensuring that all facilities are consistently
designed,specified,constructed,and tested in accordance with
the District's corrosion control standards.This continuing
practice extends the useful life of the District's steel
reservoirs and pipelines and reduces the potential for costly
future failures.
The agreement with Schiff will include a variety of tasks that
will assist staff in effectively managing the Cathodic
Protection Program.Their scope of services is as follows:
•Administration and updating of existing records and
manuals.
•New facility design review.
•Conduct a corrosion protection survey of all District steel
pipelines (approximately 79 pipelines totaling 265,000
L.F.,603 test stations,and 1,920 individual test reads).
•Corrosion control for 27 steel reservoirs.
•Training of District staff in inspection and monitoring of
facilities.
The District solicited corrosion services on the District's
website and several other publications including the Union
Tribune and San Diego Daily Transcript.
On August 27,2009,the District issued a formal Request for
Proposal (RFP)to seven consulting firms who specialize in
Cathodic Protection Systems.Seven firms submitted a letter of
interest and a statement of qualifications.On August 25,2009,
three proposals were received from the following firms:
•Corrpro Companies
•V&A
•Schiff &Associates
The four (4)firms that chose not to propose are R.F.Yeager
Engineering,Barton Corrosion Services,RBF Consulting,and
Farwest Corrosion Control Company.
In accordance with the District's Policy 21,staff evaluated and
scored all written proposals.On September 15 and 16,2009,
staff interviewed all three firms.The overall evaluation
summary sheet,including the oral interview portion,indicates
how each firm was scored (see Attachment B).Schiff received
the highest overall score based on their experience,proposed
method to accomplish the work,and their ability to complete
projects on-schedule.
2
It is anticipated that Schiff's scope of services will take two
years to complete Schiff has worked successfully for the
District in the past and is readily available to provide the
services required.
FISCAL IMPACT:
The Cathodic Protection Program is an on-going maintenance
effort in the District.As such,this expenditure is funded in
the Operating Budget.Based on the Project Manager's
evaluation,the portion of the contract anticipated to be
expended in the current fiscal year is estimated to be within
the Fiscal Year 2010 budget amount of $125,000.The remaining
balance will be budgeted for Fiscal Year 2011 in the budget
process.
STRATEGIC GOAL:
This project supports the District's Mission Statement,liTo
provide the best quality of water and wastewater service to the
customers of the Otay Water District,in a professional,
effective and efficient manner,II and the District's Strategic
Goal,liTo satisfy current and future water needs for potable,
recycled,and wastewater services.II
LEGAL IMPACT:
No legal impact is anticipated.
GItlLtf!1A
P:\WORKING\CIP PI043 (Cathodic)\Sub 006000\Cathodic Protection Program FY2010 -FY2011\Staff Reports\11-04-09,Staff Report.
Cathodic Protection,(BK-RR).doc
BK/RR:mlc
Attachments:Attachment A
Attachment B
QA/QC Approval:
3
Date :__q.!....:....:,~=JE.~~-....l:O::::.:5::J------
i SUBJECT/PROJECT:
PI043-006000
ATTACHMENT A
Award of a Professional Corrosion Services Contract for
Fiscal Years 2010 and 2011 Cathodic Protection Program
COMMITTEE ACTION:
The Engineering,Operations,and Water Resources Committee
reviewed this item at a meeting held on October 15,2009 and the
following comments were made:
•Staff is requesting approval of a professional corrosion
services agreement with Schiff Associates for Fiscal
Years 2010 and 2011 (ending June 30,2011)Cathodic
Protection Program in an amount not-to-exceed $250,000.
•Staff indicated that the District requires the services
of a corrosion consulting firm who would provide a
variety of professional services for the District's
Cathodic Protection Program.
•Staff said that the Program would result in long-term
benefits to the District by ensuring that all facilities
are consistently designed,specified,constructed,and
tested in accordance with the District's corrosion
control standard.This Program will prolong the life of
the District's steel reservoirs and pipelines,plus
reduce the possibility of future failures that may be
costly.
•Staff indicated that on August 3,2009,the District
issued a formal Request for Proposal (RFP)to seven
consulting firms who specialized in Cathodic Protection
Systems;all submitted letters of interest and a
statement of qualifications.
•Staff indicated that on August 25,2009,three proposals
were received from:1)Corrpro Companies;2)V&A;and
3)Schiff &Associates.
•Staff said that in accordance with the District's Policy
21,panel members from various District departments
evaluated and scored all written proposals.On September
15 &16,2009,interviews were conducted;staff indicated
that Schiff received the highest overall score based on
experience,proposed method to accomplish the work,and
ability to complete projects on schedule.
•Staff indicated that the District has contracted with
Schiff for the past two fiscal years.
•The Committee inquired if the contract amount was the
same as previous fiscal years.Staff indicated that it
is.The Committee recommended that staff add a box to
the "Summary of Proposal Rankings"spreadsheet indicating
each vendors'fee amount for providing cathodic
protection services.
•The Committee inquired how much buffer time is
incorporated in the proposal.Staff indicated that an
additional 400 hours was included for design and plan
review,training time and pipeline maintenance.
•The Committee also inquired if there are any
technological improvements and if there is anything they
are doing different now.Staff indicated that Schiff
Associates is now putting metal tags on cathodic
protection test stations as the tags were falling off.
They are also recording the GPS location more accurately
so the test stations can be located within tenths of a
foot.In addition,staff indicated that the consultant
will be advising the WAS Committee on standards and new
coatings out on the market,budgeting time to train staff
on cathodic protection methods,and to demonstrate new
products.
Following the discussion,the Committee supported staffs'
recommendation and presentation to the full board on the consent
calendar.
5
SUMMARY OF PROPOSAL RANKINGS BY PANEL MEMBERS
PM Signature:__E2h,,",/'--~_'-:"_\_
(~ORAL'WRIITEN
TOTAL AVERAGE ReferencesUnderslandin9ofSoundnessandConsultant's AVERAGE Additional Presentation.Quality of SCORE SCOREQualificationsofscope.sc.'ledule.Viability of Proposed Fee commitment SUBTOTAL SUBTOTAl.creativity,insight Strength ofproject communication response toStaffProposedresourcestoDSESCOREtoffisuesmanagerskillsquestionsProjectPlan
SCORE 20 20 25 35 YIN 100 15 15 10 10 150'PasslFail
BobKennedy 17 16 20 31 84 10 10 5 5 114-..
Daniel Kay 10 6 14 31 61 8 8 5 5 87Corrpro-----
Companies,Inc.Brandon DiPietro 17 16 20 31 N 84 80 8 7 4 4 107 109--RickAcuna/Ron R.17 17 20 31 85 12 10 6 7 120-......--I-DavidCharles 17 17 20 31 85 12 10 5 7 119-
Bob Kennedy 17 18 21 29 85 13 14 10 9 131----...--.-.".,~.._--.-DanielKay 17 18 21 29 85 13 13 9 9 129
V&A Brandon DiPietro 17 18 23 29 y 87 85 12 12 9 8 128 128----...........---.--..-,..,,-RickAcuna/RonR.17 18 19 29 83 12 13 9 8 125--'----DavidCharles 17 17 21 29 84 12 13 9 8 126
BobKennedy 18 20 23 35 96 14 13 8 7 138----DanietKay 18 18 22 35 93 12 13 7 8 133Schiff_.----...--...-.----_.__.~
Associates Brandon DiPietro 18 18 23 35 Y 94 94 13 13 8 8 136 136 Pass-.----".--.-"-----RickAeunaIRonR 19 18 21 35 93 12 14 8 9 136----..--------_.~--..-DaVid Charles 18 18 22 35 93 13 14 8 8 136
~OOralInterviewsareforprojectsover$200,000.
P:IWORKINGICIP P1043(Cathodic)ISub 006000lCathodic Protection Program FY2010-FY2011IAgreements·Comracts-RFPsIRFPISelection ProcesslSummary ofProposal Rankings_xls
Engineering Manager:-I-&_:::-.:.-rtl--!-l~....,/'-~;:'V ~2>-
lf~//QC i4,.fil'ZII_~·~.,;'_'.g;:..v--:---t_--IV n"',/:::r
3
(D
~....
AGENDA ITEM 5b
STAFF REPORT
APPROVED BY:
(Chief)
MEETING DATE:November 4,2009TYPEMEETING:Regular Board
SUBMITTED BY:Lisa Coburn-Boyd ~a.s
Environmental Compliance
Specialist
Ron Ripperger ~
Engineering Manager
Rod posad~~
Chief,Engineering
PROJECT/
SUBPROJECT:
P2494-
001101
DIV
NO.
ALL
APPROVED BY:
(Asst GM):
SUBJECT:
Manny Magan~~
Assistant General tlnager,Engineering and Operations
Informational Item -An update for the Board regarding the
Preparation of the District's Subarea Plan for the Joint
Water Agencies Natural Community Conservation Plan/Habitat
Conservation Plan
GENERAL MANAGER'S RECOMMENDA.TION:
No recommendation.This is an informational item only.
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To provide the Otay Water District (District)Board of Directors
with information regarding the preparation of the District's
Subarea Plan for the Joint Water Agencies Natural Community
Conservation Plan/Habitat Conservation Plan.
ANALYSIS:
The District began working on our Subarea Plan (SAP)in April,
2008 In March,2008,the environmental consulting firm RECON
was chosen as the consultant to help the District in the
development of our SAP.Once the plan is complete,the strategy
will be to have our SAP incorporated into the Joint Water
Agencies (JWA)Natural Communities Conservation Plan/Habitat
Conservation Plan (NCCP/HCP).This NCCP/HCP is currently being
developed by the JWA partners,Helix Water District (HWD),Padre
Darn Municipal Water District (PDWD),and the Sweetwater
Authority (SWA).
The purpose of this update is to review the benefits of having a
SAP in place,being part of the JWA NCCP/HCP,and to summarize
the steps that will be taken to get to a final SAP.
Each participant in the JWA NCCP/HCPmust have their own SAP,
which describes the specific projects,operations,and
maintenance activities that will be covered under the NCCP/HCP.
The individual plans also describe the land use and conservation
areas and management within a subarea.RECON is using
information from the District and the completed SAPs from the
JWA partners to develop our SAP.The benefits of having our SAP
complete and becoming a part of the JWA NCCP/HCP includes:
•Long-term self-permitting for habitat and species impacts.
•Increased certainty with project schedules.
•Pre-approved mitigation areas and mitigation ratios.
Mitigation credits may be sold or exchanged among JWA
Partners.
•Reduced Wildlife Agency consultations.
There are a number of key issues that must be considered for the
District's SAP.These key issues are:
•Covered Species List
•Covered Activities
•Public Involvement
•Wildlife Agency Coordination
•Schedule
The covered species list is a list of species,both plant and
animal,that the District will have coverage for under our SAP.
It is important that this list is carefully developed and that
it is consistent with the existing JWA list.If there are any
additional covered species specific to the District,they must
be examined by a Scientific Review Panel to develop take and
mitigation measures.The covered activities under the SAP are
also extremely important.These activities define the projects,
including CIP,operations and maintenance,and conservation
measures,within the District that will be covered under the
SAP.
which
their
The NCCP/HCP process also requires public involvement,
allows interested stakeholders the opportunity to provide
input to the plan.
The involvement of the Wildlife Agencies (US Fish &Wildlife
Service and California Dept.of Fish &Game)is critical in the
development of the SAP.The document must meet all of the
Wildlife Agencies requirements and their final review will
determine if it meets the standards for the issuance of the
permits from these agencies.The wildlife Agencies reviews have
a significant influence on the schedule,so it is important to
maintain good communication and keep them involved as the
District's SAP develops.It is also important to keep abreast
of the progress of the JWA NCCP/HCP and how the schedule of
completion for the District's SAP can allow for a timely
incorporation of our plan into the JWA NCCP/HCP.
FISCAL IMPACT:
None.
STRATEGIC GOAL:
This project supports the District's strategic goal of creating
a comprehensive environmental program that is proactive in
response to environmental compliance.
LEGAL IMPACT:
P:\WORKING\CIP W253 MSCP\Staff Reports\BD 11-04-09 Staff Report,own Subarea Plan Update,(LCB-RR).doc
LC-B/RR:jf
Attachments:Attachment A
Attachment B
QA/QC Approved:
-.-50---A ~/o/~/ocrNAM~DATE
3
ATTACHMENT A
COMMITTEE ACTION:
The Engineering,Operations,and Water Resources Committee
reviewed this item at a meeting held on October 15,2009 and the
following comments were made:
•Staff indicated that this item is an informational item
to update the Board concerning the preparation of the
District's Subarea Plan (SAP)for the Joint Water
Agencies Natural Community Conservation Plan /Habitat
Conservation Plan (NCCP/HCP).
Informational Item An update for the Board regarding the
Preparation of the District's Subarea Plan for the Joint
Water Agencies Natural Community Conservation Plan/Habitat
Conservation Plan
P2494-001101
C::IIR JECT:
•JWA partners consists of Sweetwater Authority,Padre Dam
Municipal Water District,and Helix Water District.
•Staff indicated that it is mandatory for the District to
establish an SAP in order to become a member of the JWA.
Staff stated the benefit of having the District's SAP
complete is:
•It will allow self-permitting which means reduced
consultation with Wildlife Agencies
•Increased certainty with project schedules
•Pre-approved mitigation ratios and conservation
areas
•Solution that makes sense in terms of time,cost,
and scope
•Serve the needs of the constituents
•Partner with JWA partners
•The Committee inquired about the biological requirements
and goals of the NCCP/HCP.Paul Fromer,RECON
Environmental,Inc.consultant,said that one of the
requirements is that the District's SAP is consistent
with JWA NCCP/HCP Subregional Plan (Plan).In addition,
the District is required to prepare an EIR/EIS as well as
an implementing agreement.He said that the goals of the
NCCP/HCP is to meet the needs of the Otay WD,FWS/CDF&G,
and the public.
•The Committee inquired about the public interaction
process and if it is expected that environmental groups
would provide input.It was discussed that staff is
expecting little involvement from the public as the
District's SAP is not controversial.It was indicated
that the public has been informed of the District's plan,
and since the SAP involves the provision of providing
water services,it is considered to be positive.
•The Committee inquired if there were any loss of species
or any negative impact in the habitat area due to the
fires.It was indicated that an investigation has not
been completed,but there have been many species who have
benefited by the fire and some species that have been
reduced.
•The Committee inquired if it would be difficult for the
District to become a partner in the JWA.Staff indicated
that the partners have expressed willingness to consider
the District to become a JWA member.It would benefit
the JWA as a whole to include the District before their
Plan is approved to avoid the amendment process.
Following the discussion,the Committee supported staffs'
recommendation and presentation to the full board as an
informational item.
ATTACHMENT B
...J
P2494-001101
r'SusJEC"r!PRoJ'ECTi!'i;;f or~at'i~';ai"it~m··=······lm·····~pda t ~.f~~··th~···B~a~2i~~g·a~dI~g·····th~····j
i Preparation of the District's Subarea Plan for the Joint
iWater Agencies Natural Community Conservation Plan/Habitat
I Conservation PlanI........................................................................." _.i ," " " "" "".•
..OTAYWATERDISTRICT
-Hallitat C'anservatioRPlanning
B0ard Update
Lisa Coburn,-Boyd,E'nvirortmental Compliance SpeciaJi$t
Paul Fromer,RECON Environmental,fnc.
..OTAYWATERDISTRICT
Introduction
..OTAYWATERDISTRICT
Project Overview
•Qala,noe ne~d tQ ~eet ~jssion and c€,.m~liaFl€e
with state a-nd federal efl,dangered species act
~att:ll0al (Z0rnmllriities,Gof1servation Plama'nd•.".J -
~H-abi£at COflservation -J31an (NCCJ3IHCP).
..OTAYWATERDISTRICT
Planning Process
•$w~te~€)i(JBat plan
-doint Water A@.encies
(JWA)
StJbarea P'lahs
-Sweetwater Authority
-PadreDam Municipal
;Water Di'strict
-Helix Water District
•Subarea Plan
-Otay Water District
o Mles 40
·OTAYWATERDISTRICT
..OTAYWATERDISTRICT
Benefits
•Self-perrnittirng means reduced consultation with
WUalife A;gene-ies
•Irnsreasea certainty with project scl1.edules
p
•.I?re~appr:()ved'mitigation ratios aDd GORsewatieQ
a.r:eas
•S.olution that rilakessense in terms of time,c05t,
and scope
•Serve the needs of the constituents
•Partner with JWA partners
·OTAYWATERDISTRICT
NC·CPlIrlCP Process
.'OTAYWATERDISTRICT
gals of the NeGRi Of>Process
BiOlog-ical
Requirements
Economic
Constraints
Legal and
Political
Reality
•
."OTAYWATERDISTRICT
Documents
..OTAYWATERDISTRICT
•NQe~tlm®~If>-5wbarea---RJan
.~Gon:s·isternt witE JW~NGCPIHCRSubregional Plan
•EIRIE'IS
."Jmpl'ementing Agreement
..OTAYWATERDISTRICT
NCCR/I9CP Reles and
R.esponsib Hiti es
•NCCP/HCP
"~P:>ref)ared by Otay Water lDistrictcon.sistent with JWA;
--Review by WiI-Gtlife Agencies
-Requires environmental review with public reView·.~
, -Issuance of permits by WHalife Agencies
Caveats
•HeRs and NCCPs are not
•S~I'eFlG,e
-"They are lalla use ~Ians
-Te b,e done well,they must
be informed by the best.sCience
•Conservation biology is
similar to triage in
medicine
•The art of the possible
·OTAYWATERDISTRICT
·OTAYWATERDISTRICT
~ey Issues for Otay Water District·
•(Jever;ea Speoies List
~@~oNfe:red Actiwities
•Wildlife Agency
C.o'ocrd:l-natio:.n
•Public lnvolvement
•Schedule
.'OTAYWATERDISTRICT
Covered Species List
•QGflsistePleywith JWA
..~d~ifi'enal eO'leredSpecies in Olay Water "
laistrict S:ervice Area -
·'··:Scientific Review Pa,nel consideratiGn 0f
aeditionaf species
•Development of take and mitigation for
additional species
OORlf3)lete list and descriptiQFl ~GIP,O&M
aetivifie~,€oflservati~[l activities,etc.)
·'Differe.nces from those in th··e JWA .
·OTAYWATERDISTRJCT
..OTAYWATERDISTRICT
Ag)encyand PUDlio 1r:l\toIMement
•Otay Water District Board briefing
•l3uilcd e'n theJWA pro.GeSS
··Qutreach to Community Planning Gr€>wps
.~'Public Workshop for input in th,e SAP
d,e'velopment process
•ScopJn:g M'eeting:for EIR/EIS
•Public Meeting to receive comments on
the Subarea Plan and Environmental
Documents
·OTAYWATERDISTRICT
•'E)r1.g.@in~.'coordination wittn the JWA
•Tentative$chedule
~Board Briefing -rNo\lember20CJ9
-~wblic Workshop -January 2010
-[)raft Subarea Plan -March 2010
-Seoping Meeting -April 2010
-Draft EIS/EIR October 2010
-Public Comment Meeting -October 2010
-Final Subarea Plan and EIS/EIR -March 2011
..OTAYWATERDISTRICT
Qu.estionsleomments .
Habitat Conservatian Planning"
"~oard Upd.ate
..OTAYWATERDISTRICT
..
Lisa-Co-burn-Boyd,Environmental Complianc"e Specialist
Paul Fromer,RECON Environmental,Inc.
AGENDA ITEM 5c
STAFF REPORT
Chief Financial OfficerAPPROVEDBY:Joseph
(Chief)
TYPE MEETING:
SUBMITTED BY:
Regular Board
~~~James Cudll ,ce Manager
MEETING DATE:
W.O.lG.F.NO:
November 4,2009
DIV.NO.All
APPROVED BY:
(Asst.GM):
G~rman &L~e~Assistant General Manager,Flnance.~Administration &
SUBJECT:Approve the District's Audited Financial Statements for the
Fiscal Year Ended June 30,2009
GENERAL MANAGER'S RECOMMENDATION:
That the Board accepts the District's Audited Financial
Statements (Attachment B),including the Independent Auditors'
unqualified opinion,for the Fiscal Year ended June 30,2009.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
To inform the Board of the significant financial events which
occurred during the Fiscal Year ended June 30,2009 as reflected
in the audited financial statements.
ANALYSIS:
Diehl,Evans &Company,LLP,performed the audit and found that,
in all material respects,the financial statements correctly
represent the financial position of the District.They found no
material errors or weaknesses;therefore,there are no findings
to present in their "Management Letter."See Attachment C.
Total Assets:
Total Assets decreased by $2.1 million or 0.37%during Fiscal
Year 2009 due to a reduction in prepaid expenses,as well as
cash &cash equivalents used to pay for ongoing capital
improvement projects.At the same time there was an increase in
capital assets of $7.3 million or 1.64%,net of related
accumulated depreciation.
Total Liabilities &Net Assets:
Total liabilities decreased by approximately $5.6 million or
5.80%from the previous fiscal year.Underlying this change were
the following:
• A decrease in accounts payable and related liabilities of
approximately $3.3 million.Fluctuations of this
magnitude are expected given the nature of accounts
payable,and result from the timing of large payments to
vendors and other third parties .
• A reduction in long-term debt outstanding of $2.5
million as a result of scheduled debt payments.
The increase in total assets,along with the decrease in total
liabilities,yielded an increase in net assets (equity)of
approximately $3.5 million or 0.77%.
Capital Contributions:
Capital contributions totaled $7.0 million during Fiscal Year
2009,a decrease of $8.0 million or 53.22%over Fiscal Year 2008
contributions.This decrease is mainly due to the overall
slowdown/reduction of development projects,and the resulting
delays in completion and acceptance of projects because of the
current broad financial downturn in the economy.
Results of Operations:
Operating revenues increased $1.4 million or 2.49%,mainly as a
result of an increase in water sales of $1.7 million from the
prior fiscal year,due to the reduced rainfall during the
current year as well as an increase on overall water rates.
While cost of water sales increased $2.0 million or 4.5%due to
the increase in water rates,cost savings achieved in other
areas were sufficient to keep total operating expenses
essentially the same as in the prior fiscal year.
Non-Operating Revenues &Expenses:
Non-operating revenues and non-operating expenses each increased
slightly,creating an off-set that kept the total for this area
constant.
2
Additional Audit Correspondence:
As a part of completing the audit engagement,the audit firm
also provides the following letters summarizing their
observations and conclusions concerning the District's overall
financial processes:
•Management Letter:No matters were noted involving the
internal controls and their operations that were
considered to be internal weaknesses.See Attachment C.
•Finance Committee Report:There were no noted
transactions entered into by the District during the year
that were both significant and unusual,or transactions
for which there was a lack of authoritative guidance or
consensus.There were no disagreements with management
concerning financial accounting,reporting,or auditing
matters,and there were no significant difficulties in
dealing with management in performing the audit.See
Attachment D.
•Report on Applying Agreed-Upon Procedures:A review of
the District's investment portfolio at year end,and a
sample of specific investment transactions completed
throughout the fiscal year,disclosed no exceptions to
compliance with the District's Investment Policy.See
Attachment E.
FISCAL IMPACT:
None.
STRATEGIC OUTLOOK:
The District ensures its continued financial health through
long-term financial planning,formalized financial policies,
enhanced budget controls,fair pricing,debt planning,and
improved financial reporting.
LEGAL IMPACT:
None.
3
t4Q~
General Man}ger
Attachments:
A)Committee Action Form
B)Audited Annual Financial Statements
C)Management Letter
D)Audit Committee Report
E)Report on Applying Agreed-Upon Procedures
4
ATTACHMENT A
Accept the District's Audited Financial Statements for the
SUBJECTIPROJECT:Fiscal Year Ended June 30,2009
COMMITTEE ACTION:
The Finance,Administration and Communications Committee
reviewed this item at a meeting on October 19,2009 and the
following comments were made:
•The District engaged a new audit firm,Diehl,Evans &
LLP (DEC LLP),to perform the Fiscal Year 2009 audit.
their first year to perform the audit.
Company,
This is
•DEC LLP's audit of Fiscal Year ended June 30,2009 resulted in
a clean and unqualified opinion.They found no material
errors or weaknesses,and therefore,had no findings to
present in their "Management Letter."
•It was indicated that the letter to the audit committee is
required to include the following information:
Their responsibility as auditor
A review of their planned scope of work
Report of any audit findings
Report of any disagreements they may have had with
management during the audit
•It was discussed that the letter to the audit committee noted
one audit adjustment with regard to the capitalization of
interest on construction projects.If the District has
interest expense from construction projects,it must
capitalize the interest into the cost of the project.
However,if the interest income from bond proceeds does not
exceed the interest expense of bond proceeds then there is a
different method of calculating the capitalized interest from
the standard method used by the District.For this reason,
capitalized interest on infrastructure capital assets was
increased by $556,357.
•DEC LLP indicated that the District's staff was very
professional,cooperative,responded timely to any inquiries
and had a good understanding of procedure compliance and
Y:\Board\CurBdPkg\FINANCE\CommMtgAudit09110409.doc
•
controls.They found no deficiencies in internal controls
that would be considered a material weaknesses and provide an
unqualified opinion.
The committee requested that DEC LLP provide a letter to the
district indicating the above.
Following the discussion,the committee supported presentation
to the full board on the consent calendar.
OTAY WATER DISTRICT
FINANCIAL STATEMENTS
WITH REPORT ON AUDIT BY INDEPENDENT
CERTIFIED PUBLIC ACCOUNTANTS
JUNE 30,2009 AND 2008
ATTACHMENT B I
IIII'
r!~
t~
f
II
iII:
I:tII.
~DIEHL,EVANS &-COMPANY,LLP~CERTIFIED PUBLIC ACCOUNTANTS &<CONSULTANTS
,j
':I
APARTNERSIllPINCLUDINGACCOUNTANCYCORPORATIONS
2965 ROOSEVELT STREET
CARLSBAD,CALIFORNIA 92008-2389
(760)729-2343 •FAX (760)729-2234
www.diehlevans.com
October 10,2009
INDEPENDENT AUDITORS'REPORT
Board of Directors
Otay Water District
Spring Valley,California
'PHILIP H.HOLTKAMP,CPA
'THOMASM.PERLOWSKI,CPA
'HARVEY J.SCHROEDER,CPA
KENNETHR.AMES,CPA
WILLIAMC.PENTZ,CPA
MICHAELR.LUDIN,CPA
CRAIG W.SPRAKER,CPA
NITIN P.PATEL,CPA
ROBERT J.CALLANAN,CPA
, APROFESSIONAL CORPORATION
l,
We have audited the accompanying basic financial statements of Otay Water District as of and for the year
ended June 30,2009,as listed in the table ofcontents,.These basic financial statements are the responsibility of
the Otay Water District's management.Our responsibility is to express an opinion on these financial statements
based on our audit.The basic financial statements of Otay Water District as ofJune 30,2008,were audited by
other auditors whose report dated October 24,2008,expressed an unqualified opinion on those statements.
We conducted our audit in accordance with auditing standards generally accepted in the United States of
America and the State Controller's Minimum Audit Requirements for California Special Districts.Those
standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial
statements are free ofmaterial misstatement.An audit includes examining,on a test basis,evidence supporting
the amounts and disclosures in the financial statements.An audit also includes assessing the accounting
principles used and significant estimates made by management,as well as evaluating the overall financial
statement presentation.We believe that our audit provides a reasonable basis for our opinion.
In our opinion,the basic financial statements as of and for the year ended June 30,2009,referred to above
present fairly,in all material respects,the financial position of the Otay Water District as ofJune 30,2009,and
the results of its operations and cash flows for the year then ended in conformity with accounting principles
generally accepted in the United States of America as well as the accounting systems prescribed by the
California State Controller's Office and state regulations governing special districts.
The Management's Discussion and Analysis and the other required supplementary information identified in the
accompanying table of contents are not a required part ofthe basic financial statements but are supplementary
information required by accounting principles generally accepted in the United States of America.We have
applied certain limited procedures,which consisted principally of inquiries of management regarding the
methods of measurement and presentation of the required supplementary information.However,we did not
audit the information and express no opinion on it.
OTHEROFFICES AT:613 W.VALLEY PARKWAY,SUITE 330
ESCONDIDO,CALIFORNIA 92025-2598
(760)741-3141.FAX (760)741-9890
5CORPORATE PARK,SUITE 100
IRVINE,CALIFORNIA 92606-5165
(949)-399-0600 •FAX (949)399-0610
e TABLE OF CONTENTS
JUNE 30,2009 and 2008
Independent Auditors'Report
Management's Discussion and Analysis
Basic Financial Statements:
Statements of Net Assets
Statements of Revenues,Expenses,and Changes in Net Assets
Statements of Cash Flows
Notes to Financial Statements
Required Supplementary Information:
Schedule ofFunding Progress for PERS
Schedule of Funding Progress for DPHP
Page
Number
2-6
7-8
9
10 -11
12 -28
29
29
t:ii~MANAGEMENT'S DISCUSSION AND ANALYSIS
~
As management of the Otay Water District (the "District"),we offer readers ofthe District's financial statements this
narrative overview and analysis ofthe District's financial performance during the fiscal year ending June 30,2009.Please
read it in conjunction with the District's financial statements that follow Management's Discussion and Analysis.All
amounts,unless otherwise indicated,are expressed in millions ofdollars.
Financial Highlights
•The assets ofthe District exceeded its liabilities at the close of the most recent fiscal year by $460.3 million
(net assets).Ofthis amount,$69.9 million (unrestricted net assets)may be used to meet the District's ongoing
obligations to citizens and creditors.
•The District's total net assets increased by $3.5 million.This is primarily attributable to capital contributions of
$7.0 million during the fiscal year.
Overview ofthe Financial Statements
This discussion and analysis is intended to serve as an introduction to the District's basic financial statements,which are
comprised of the following:I)Statement of Net Assets,2)Statement of Revenues,Expenses and Changes in Net Assets,
3)Statement of Cash Flows,and 4)Notes to the financial Statements.This report also contains other supplementary
information in addition to the basic financial statements.
The Statement ofNet Assets presents information on all ofthe District's assets and liabilities,with the difference between
the two reported as net assets.Over time,increases or decreases in net assets may serve as a useful indicator of whether
the financial position of the District is improving or weakening.
The Statement ofRevenues,Expenses and Changes in Net Assets presents information showing how the District's net
assets changed during the most recent fiscal year.All changes in net assets are reported as soon as the underlying event
giving rise to the change occurs,regardless ofthe timing ofrelated cash flows.Thus,revenues and expenses are reported
in this statement for some items that will only result in cash flows in future fiscal periods (e.g.,uncollected taxes and
earned but unused vacation leave).
The Statement ofCash Flows presents information on cash receipts and payments for the fiscal year.
The Notes to the Financial Statements provide additional information that is essential to a full understanding of the data
supplied in each of the specific financial statements listed above.
In addition to the basic financial statements and accompanying notes,this report also presents certain required
supplementary information concerning the District's progress in funding its obligation to provide pension benefits to its
employees.
Financial Analysis
As noted earlier,net assets may serve over time as a useful indicator ofan entity's tinancial position.In the case ofthe
District,assets exceeded liabilities by $460.3 million at the close of the most recent fiscal year.
By far the largest portion of the District's net assets,$382.4 million (83%),reflects its investment in capital assets,less any
related debt used to acquire those assets that is still outstanding.The District uses these capital assets to provide services to
citizens;consequently,these assets are not available for future spending.Although the District's investment in its capital
assets is reported net of related debt,it should be noted that the resources needed to repay this debt must be provided from
other sources,since the capital assets themselves cannot be used to liquidate these liabilities.
2
e MANAGEMENT'S DISCUSSION AND ANALYSIS
Statements of Net Assets
(In Millions ofDollars)
2009 2008 2007
Assets
Current and Other Assets $96.8 $106.2 $122.1
Capital Assets 454.1 446.7 424.3
Total Assets 550.9 552.9 546.4
Liabilities
Long-term Debt Outstanding 69.1 71.6 74.2
Other Liabilities 21.5 24.5 25.2
Total Liabilities 90.6 96.1 99.4
Net Assets
Invested in Capital Assets
Net ofRelated Debt 382.4 372.7 374.6
Restricted for OPEB 6.2 5.6 0.0
Restricted for Debt Service 1.8 3.8 2.1
Unrestricted 69.9 74.7 70.3
Total Net Assets $460.3 $456.8 $447.0
At the end of FY-2009 the District is able to report positive balances in all categories of net assets.This situation also held
true for the prior two fiscal years.In FY-2009 total Net Assets increased approximately $3.5 million,to $460.3 million,as
compared to FY-2008 when Net Assets increased by over $9.8 million.While the District's operations and population
continue to grow,albeit at slower rates than in prior years,the pattern of reduced growth ofthe District's Net Assets is
indicative of the reduction in new development projects within the District.This reduction is a result of the ongoing national
housing slump and financial crisis.
The decrease In Current and Other Assets of $15.9 million in FY-2008 corresponds with the increase in Capital Assets of
$22.4 million (net ofaccumulated depreciation),due to the District's substantial Capital Improvement Plan (CIP),which was
financed in part by the issuance of $42 million in Certificates of Participation (COPS-2007).(See Note 5 in the Notes to
Financial Statements).In FY-2009 use of the COPS-2007 funds to finance the CIP program continued,contributing to the
increase in Capital Assets of $7.4 million.The use of the COPS-2007 funds is also reflected in the decrease ofCurrent and
Other Assets of $9.4 million.(See Note 3 in the Notes to Financial Statements).
3
~'MANAGEMENT'S DISCUSSION AND ANALYSIS
Statements of Revenues,Expenses,and Changes in Net Assets
(In Millions of Dollars)
2009 2008 2007
Water Sales $52.4 $50.8 $48.6
Wastewater Revenue 2.2 2.4 2.6
Connection and Other Fees 2.5 2.5 2.1
Non-operating Revenues 14.0 13.6 11.1
Total Revenues 71.1 69.3 64.4
Depreciation Expense 12.5 13.0 10.8
Other Operating Expense 59.0 58.5 53.9
Non-operating Expense 3.l 2.9 1.3
Total Expenses 74.6 74.4 66.0
Loss Before Capital
Contributions (3.5)(5.1 )(1.6)
Capital Contributions 7.0 14.9 26.5
Change in Net Assets 3.5 9.8 24.9
Beginning Net Assets 456.8 447.0 422.1
Ending Net Assets $460.3 $456.8 $447.0
Water Sales increased by $2.2 million in FY-2008 and $1.6 million in FY-2009,mainly due to reduced rainfall during both
years as well as rate increases in both years.Growth also had a partial impact,with new water meter sales of220 and 158
meters respectively.Despite a prolonged reduction in market rates of return,Non-operating Revenues increased by $2.5
million in FY-2008 and an additional $0.4 million in FY-2008,due to the increased level of investments from the COPS-
2007,increased property tax revenues,and healthcare reimbursements from CalPERS for other post employment benefits
(OPEB).(See Note 8 m the Notes to Financial Statements).
Depreciation Expense increased by $2.2 million in FY-2008,due to a comprehensive review and write-off oflong-term fixed
assets that were obsolete and/or no longer serviceable.Other Operating Expense increased by approximately $4.6 million in
FY-2008 and another $0.5 million in FY -2009 as a result of the cost of the additional water sold each year,as well as
increases in outside services and higher pension costs.Non-operating Expense increased $1.6 million in FY -2008 and an
additional $0.2 million in FY-2009 due to increased interest expense from the COPS-2007.
Capital Contributions were $26.5 million in FY-2007 due to the completion ofseveral developer construction projects.
However,because of the nationwide housing mortgage crisis throughout the last 2 years,developers have either slowed-down
or totally stopped work on as many projects as possible until economic conditions improve and the demand for growth
returns,resulting in a decrease in Capital Contributions of $11.6 million in FY-2008 and $7.9 million in FY-2009.
4
e MANAGEMENT'S DISCUSSION AND ANALYSIS
Capital Assets and Debt Administration
Capital Assets.The District's capital assets as ofJune 30,2009,totaled $454.1 million (net ofaccumulated depreciation).
Included in this amount is land.The total increase in the District's capital assets was 5.3%for FY-2008 and I 7%in FY-
2009.
Capital Assets
(In Millions ofDollars)
2009 2008 2007
Land $13.4 $13.0 $13.0
Construction in Progress 18.3 42.3 40.3
Water System 403.1 365.6 356.6
Recycled Water System 96.8 93.0 73.5
Sewer System 37.2 36.7 37.7
Buildings 18.2 17.6 l7.6
Field Equipment 9.5 9.5 9.3
Transportation Equipment 3.3 3.1 3.1
Communication Equipment 0.8 0.7 0.6
Office Equipment 17.4 16.8 15.8
618.0 598.3 567.5
Less Accumulated
Depreciation 063.9)(151.6)(143.2)
Net Capital Assets $454.1 $446.7 $424.3
As indicated by figures in the table above,the majority of capital assets added during both fiscal years were related to the
potable and recycled water systems.In addition,the majority of the cost of construction in progress is also related to these
water systems.
Additional information on the District's capital assets can be found in Note 3 of the Notes to Financial Statements.
Long-term Debt.At June 30,2009,the District had $71.6 million in outstanding debt which consisted of the following:
General Obligation Bonds
Certificates ofParticipation
Notes Payable
Total Long-term Debt
$
$
7.7
63.2
0.7
71.6
Additional information on the District's long-term debt can be found in Note 5 of the Notes to Financial Statements.
5
e,MANAGEMENT'S DISCUSSION AND ANALYSIS
Fiscal Year 2009-2010 Budget
Economic Factors
Orowth in the San Diego area has slowed over the last 2 years,and demand for housing is reflected in a similarly reduced
pace.Water sales volumes are expected to decrease as a result ofthe slowing economy and expanded efforts to promote
water conservation,however,rate increases are essential to offset the higher cost of water.Ultimately,the District is
projected to serve approximately 277,000 people,with an average daily demand of56 million gallons per day (MOD).The
District currently provides water service to about 70%ofits total projected population,serving approximately 195,000
people.Long-term,this percentage should continue to increase as the District's service area continues to develop and
grow.
The District is projected to deliver approximately 33,300 acre-feet ofwater to 47,125 potable customer accounts during
Fiscal Year 2009-20 1O.Management feels that these projections are very realistic after accounting for low growth,supply
changes,and a focus on conservation.Current economic conditions throughout America have created an unprecedented
uncertainty for business and economic projections in the current fiscal year.The nationwide housing mortgage crisis has
resulted in hundreds offoreclosures throughout the District.Additionally,the crisis in the banking and financial industry
has begun to have a ripple effect of employee layoffs across a wide swath of the business community.One of the
subsequent results ofthese two broad events is the relocation of many homeowners and renters into new housing
arrangements throughout San Diego County.However,as housing patterns change throughout the District,people's need
for water remains an underlying constant.
Financial
The coming years will continue to be challenging times for those in California's water community.After years of record
low precipitation that dramatically curtailed snow runofffrom the Sierra Nevada Mountains,California's governor
declared an official statewide drought.Following the governor's action,Southern California's largest water wholesaler
announced a water supply alert across its six-county service area.It also urged all local jurisdictions to implement water
conservation ordinances and to "significantly increase efforts"to conserve water.In addition to the drought,federal court
orders have curtailed water deliveries from Northern California due to environmental factors in the Sacramento-San
Joaquin Bay Delta.Worsening environmental conditions in the Bay Delta now challenge Southern California's ability to
receive water from the State Water Project.A political stalemate in the state capital has also made finding compromise or
addressing the environmental issues in the Bay Delta more difficult.These factors combined are driving higher costs for
water across the state.
Through foresight and its investments in drought-proof recycled water,conservation,and a water rate structure that
rewards conservation,the Otay Water District has thus far avoided having to require mandatory water conservation.
Rather,the District has achieved its water conservation goals using voluntary measures.As you would expect,the planned
water sales reductions have impacted price and will continue to affect the District's finances.Staffcontinues working
diligently on developing new water supplies as it addresses the financial impacts of conservation,preparing for the
possibility of a severe water shortage and prolonged sales reductions.
Management is unaware of any other conditions that could have a significant past,present,or future impact on the
District's current financial position,net assets or operating results.
Contacting the District's Financial Management
This financial report is designed to provide a general overview ofthe Otay Water District's finances for the Board of
Directors,taxpayers,creditors,and other interested parties.Questions concerning any ofthe information provided in the
report or requests for additional information should be addressed to the District's Finance Department,2554 Sweetwater
Springs Blvd.,Spring Valley,CA 91978-2004.
6
,E~~STATEMENTS OF NET ASSETS
",••n~JUNE 30,2009 AND 2008
2009 2008
ASSETS
Current Assets:
Cash and cash equivalents (Notes 1 and 2)$50,823,237 $23,351,911
Restricted cash and cash equivalents (Notes 1 and 2)1,760,631 3,753,983
Investments (Note 2)26,169,080 60,682,507
Accounts receivable,net 8,029,609 7,689,720
Accrued interest receivable 319,186 715,900
Taxes and availability charges receivable,net 413,000 362,976
Restricted taxes and availability charges receivable,net 190,151 174,219
Inventories 816,865 711,240
Prepaid expenses and other current assets 976,045 1,908,028
Total Current Assets 89,497,804 99,350,484
Noncurrent Assets:
Restricted Assets:
Net OPEB asset (Note 8)6,204,876 5,649,008
Total Restricted Assets 6,204,876 5,649,008
Deferred bond issuance costs (Note 4)1,142,762 1,240,166
Capital Assets (Note 3):
Land 13,402,840 13,025,364
Construction in progress 18,280,278 42,338,220
Capital assets,net of depreciation 422,369,157 39l,350,813
Total capital assets,net ofdepreciaton 454,052,275 446,714,397
Total Noncurrent Assets 461,399,913 453,603,571
Total Assets 550,897,717 552,954,055
See accompanying independent auditors'report and notes to financial statements.
(Continued)
7
,r;::'"STATEMENTS OF NET ASSETS (CONTINUED)~~JUNE 30,2009 AND 2008
2009 2008
LIABILITIES
Current Liabilities:
Current maturities oflong-term debt (Note 5)2,521,772 2,445,214
Accounts payable 11,565,953 13,705,566
Accrued payroll liabilities 2,548,731 2,491,182
Other accrued liabilities 444,875 1,615,403
Customer deposits 2,806,990 2,719,331
Accrued interest 706,934 720,545
Liabilities Payable From Restricted Assets:
Restricted Accrued interest 153,270 166,096
Total Current Liabilities 20.748,525 23,863,337
Noncurrent Liabilities:
Long-term debt (Note 5):
General obligation bonds 7,291,575 7,678,302
Certificates of participation 61,468,693 63,192,774
Notes payable 359,744 701,516
Other noncurrent liabilities 684,309 690,709
Total Noncurrent Liabilities 69,804,321 72,263,301
Total Liabilities 90,552,846 96,126,638
NET ASSETS
Invested in capital assets,net of related debt 382,410,491 372,696,591
Restricted for net OPEB asset 6,204,876 5,649,008
Restricted for debt service 1,797,512 3,762,106
Unrestricted 69,931,992 74,719,712
Total Net Assets $460,344,871 $456,827,417
See accompanying independent auditors'report and notes to financial statements.8
e',STATEMENTS OF REVENUES,EXPENSES AND CHANGES IN NET ASSETS
FOR THE YEARS ENDED JUNE 30,2009 AND 2008
2009 2008
OPERATING REVENUES
Water sales $52,428,648 $50,808,825
Wastewater revenue 2,182,429 2,386,285
Connection and other fees 2,492,234 2,519,735
Total Operating Revenues 57,103,311 55,714,845
OPERATING EXPENSES
Cost of water sales 37,252,482 35,296,002
Wastewater 1,890,804 2,009,876
Administrative and general L9,888,161 21,127,922
Depreciation 12,475,714 13,040,572
Total Operating Expenses 71,507,161 71,474,372
Operating Income (Loss)(14,403,850)(15,759,527)
NONOPERATING REVENUES (EXPENSES)
Investment income 2,252,335 4,538,791
Taxes and assessments 4,586,823 4,591,023
Availability charges 625,065 744,722
Gain on sale ofcapital assets 5,206 15,243
Miscellaneous revenues 6,569,644 3,676,963
Donations (95,270)(80,541)
Interest expense (1,340,110)(2,60I,252)
Miscellaneous expenses (1,671,597)(261,492)
Total Nonoperating Revenues (Expenses)10,932,096 10,623,457
Income (Loss)Before Capital Contributions (3,471,754) (5,136,070)
Capital Contributions 6,989,208 14,941,962
Changes in Net Assets 3,517,454 9,805,892
Total Net Assets,Beginning 456,827,417 447,021,525
Total Net Assets,Ending $460,344,871 $456,827,417
See accompanying independent auditors'report and notes to financial statements.9
,E~STATEMENTS OF CASH FLOWS
..,,~FOR THE YEARS ENDED JUNE 30,2009 AND 2008
2009 2008
CASH FLOWS FROM OPERATING ACTIVITIES
Receipts from customers
Receipts from connections and other fees
Other receipts
Payments to suppliers
Payments to employees
Other payments
Net Cash Provided (Used)by Operating Activities
$54,358,847 $
2,492,234
5,538,973
(43,072,805)
(18,947,144)
(1,545,211 )
(1,175,106)
54,276,851
2,520,417
1,797,869
(41,996,845)
(23,670,840)
(135,104)
(7,207,652)
CASH FLOWS FROM NONCAPITAL AND RELATED FINANCING ACTIVITIES
Receipts from taxes and assessments 4,520,867
Receipts from property rents and leases 1,070,881
Net amounts paid for acquisition and maintenance of
demonstration garden (95,270)
4,497,682
977,313
(80,541)
Net Cash Provided (Used)by Noncapital
and Related Financing Activities
CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES
Proceeds from capital contributions
Proceeds from sale of capital assets
Proceeds from debt related taxes and assessments
Principal payments on long-term debt
Interest payments and fees
Acquisition and construction ofcapital assets
Net Cash Provided (Used)by Capital
and Related Financing Activities
CASH FLOWS FROM INVESTING ACTIVITIES
Interest received on investments
Proceeds from sale and maturities of investments
Purchase of investments
Net Cash Provided (Used)by Investing Activities
Net Increase (Decrease)in
Cash and cash equivalents
Cash and cash equivalents,Beginning
5,496,478
4,014,110
5,206
625,065
(2,445,214)
(1,366,547)
(16,838,494)
(16,005,874)
2,494,196
70,703,937
(36,035,657)
37,162,476
25,477,974
27,105,894
5,394,454
6,807,761
15,243
744,722
(1,5I9,048)
(2,597,498)
(27,359,800)
(23,908,620)
5,381,971
88,909,995
(60,704,100)
33,587,866
7,866,048
19,239,846
Cash and cash equivalents,Ending
See accompanying independent auditors'report and notes to financial statements.
$52,583868 $27,105,894
(Continued)
10
~~i);STATEMENTS OF CASH FLOWS (CONTINUED)
FOR THE YEARS ENDED JUNE 30,2009 AND 2008
2009 2008
Reconciliation of operating income (loss)to net cash flows provided
(used)by operating activities:
Operating income (loss)$(14,403,850)$(15,759,527)
Adjustments to reconcile operating income
to net cash provided (used)by operating activities:
Depreciation 12,475,714 13,040,572
Miscellaneous revenues 5,538,973 2,712,869
Miscellaneous expenses (1,545,211)(135,104)
(Increase)decrease in accounts receivable (339,889)985,738
(Increase)decrease in inventory (105,625)(77,543)
(Increase)decrease in net OPEB asset (555,868)(5,649,008)
(Increase)decrease in prepaid expenses and other current assets 931,983 (743,728)
Increase (decrease)in accounts payable (2,139,613) (1,717,456)
Increase (decrease)in accrued payroll and related expenses 57,549 220,224
Increase (decrease)in other accrued liabilities (l,170,528)18,390
Increase (decrease)in customer deposits 87,659 96,685
Increase (decrease)in prepaid capacity fees (6,400)(199,764)
Net Cash Provided (Used)By Operating Activities $(1,175,106)$(7,207,652)
Schedule of Cash and Cash Equivalents:
Current assets:
Cash and cash equivalents $50,823,237 $23,351,911
Restricted cash and cash equivalents 1,760,631 3,753,983
Total Cash and Cash Equivalents $52,583,868 $27,105,894
Supplemental Disclosures:
Non-cash Investing and Financing Activities Consisted of the Following:
Contributed Capital for Water and Sewer System
Change in Fair Value ofInvestments and Recognized GainslLosses
Amortization Related to Long-Term Debt
See accompanying independent auditors'report and notes to financial statements.
$2,975,098
21,613
126,387
$8,134,201
109,847
126,387
II
~NOTES To FINANCIAL STATEl\rIENTS
~~YEARS ENDED JUNE 30,2009 AND 2008
NOTE
1
2
3
4
5
6
7
8
9
10
11
12
DESCRIPTION PAGE
Reporting Entity and Summary of Significant Accounting Policies....12 -14
Cash and Investments.............................................15 -18
Capital Assets........••............................................18
Other Noncurrent Assets.....19
Long-Term Debt.19 -21
Net Assets.......22
Defined Benefit Pension Plan 22 -23
Other Post Employment Benefits.•..........•................................24 -26
Water Conservation Authority.....26
Commitments and Contingencies..27
Risk Management........................ ..... .....•.......27 -28
Interest Expense ,....28
Required Supplementary Information:
1 Schedule of Funding Progress for PERS....".....29
2 Schedule of Funding Progress for DPHP...........29
~NOTES To FINANCIAL STATEMENTS
~YEARS ENDED JUNE 30,2009 AND 2008
1)REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
A)Reporting Entity
Otay Water District (the "District")is a public entity established in 1956 pursuant to the Municipal Water District Law of
1911 (Section 711 et.Seq.of the California Water Code)for the purpose of providing water and sewer services to the
properties in the District.The District is governed by a Board of Directors consisting of five directors elected by
geographical divisions based on District population for a four-year alternating term.
B)Measurement Focus,Basis of Accounting and Financial Statement Presentation
The basic financial statements ofthe Otay Water District have been prepared in conformity with accounting principles
generally accepted in the United States of America.The Governmental Accounting Standards Board (GASB)is the
accepted standard setting body for governmental accounting financial reporting purposes.
The District reports its activities as an enterprise fund,which is used to account for operations that are financed and
operated in a manner similar to a private business enterprise,where the intent of the District is that the costs (including
depreciation)of providing goods or services to the general public on a continuing basis be financed or recovered
primarily through user charges.Revenues and expenses are recognized on the accrual basis.Revenues are recognized
in the accounting period in which they are earned and expenses are recognized in the period incurred,regardless of
when the related cash flow takes place.
Net assets of the District are classified into three components:(I)invested in capital assets,net of related debt,(2)
restricted net assets,and (3)unrestricted net assets.These classifications are defined as follows:
Invested in Capital Assets,Net of Related Debt
This component of net assets consists ofcapital assets,net of accumulated depreciation and reduced by the outstanding
balances of notes or borrowing that are attributable to the acquisition of the asset,construction,or improvement of
those assets.If there are significant unspent related debt proceeds at year-end,the portion of the debt attributable to
the unspent proceeds are not included in the calculation of invested in capital assets,net or related debt.
Restricted Net Assets
This component of net assets consists of constraints placed on net asset use through external constraints imposed by
creditors (such as through debt covenants),grantors,contributors,or laws or regulations of other governments or
constraints imposed by law through constitutional provisions or enabling legislation.
Unrestricted Net Asset
This component of net asset consists of net assets that do not meet the definition of "invested in capital assets,net of
related debt"or "restricted net assets"
The District distinguishes operating revenues and expenses from those revenues and expenses that are nonoperating.
Operating revenues are those revenues that are generated by water sales and wastewater services while operating expenses
pertain directly to the furnishing of those services.Nonoperating revenues and expenses are those revenues and expenses
generated that are not directly associated with the normal business ofsupplying water and wastewater treatment services.
The District recognizes revenues from water sales,wastewater revenues,and meter fees as they are earned.Taxes and
assessments are recognized as revenues based upon amounts reported to the District by the County of San Diego,net of
allowance for delinquencies of$67,017 and $59,688 at June 30,2009 and 2008,respectively.
See independent auditors'report.l2
6 NOTES To FINANCIAL STATEMENTS
YEARS ENDED JUNE 30,2009 AND 2008
1)REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES -Continued
B)MeasurementFocus,Basis ofAccounting and Financial Statement Presentation -Continued
Additionally,capacity fee contributions received which are related to specific operating expenses are offset against
those expenses and included in Cost of Water Sales in the Statement of Revenues and Expenses and Changes in Net
Assets.
When both restricted and unrestricted resources are available for use,it is the District's policy to use restricted resources
first,then unrestricted resources as they are needed.
The District has elected under GASB Statement No.20,Accounting and Financial Reporting for Proprietary Funds
and Other Governmental Activities That Use Proprietary Fund Accounting,to apply all GASB pronouncements as
well as any applicable pronouncements of the Financial Accounting Standards Board (FASB),the Accounting
Principles Board (APB),or any Accounting Research Bulletins (ARB)issued on or before November 30,1989,
unless they contradict or conflict with GASB pronouncements.
C)Statement of Cash Flows
For purposes of the Statement of Cash Flows,the District considers all highly liquid investments (including
restricted assets)with a maturity period,at purchase,of three months or less to be cash equivalents.
D)Investments
The District's investments are stated at fair value,except for short-term investments,which are reported at cost,
which approximates fair value.Investments in governmental investment pools are reported on the fair value per
share,ofthe pool's underlying portfolio.
E)Inventory and Prepaids
Inventory consists primarily of materials used in the construction and maintenance of the water and sewer system and is
valued at weighted average cost.Both inventory and prepaids use the consumption method whereby they are reported
as an asset and expensed as they are consumed.
F)Capital Assets
Capital assets are recorded at cost,where historical records are available,and at an estimated historical cost where no
historical records exist.Infrastructure assets in excess of $20,000 and other capital assets in excess of $10,000 are
capitalized if they have an expected useful life of two years or more.The District will also capitalize individual
purchases under the capitalization threshold if they are part of a new capital program.The cost ofpurchased and self-
constructed additions to utility plant and major replacements of property are capitalized.Costs include materials,direct
labor,transportation,and such indirect items as engineering,supervision,employee fringe benetits,and interest incurred
during the construction period.Repairs,maintenance,and minor replacements of property are charged to expense.
Donated assets are capitalized at their approximate fair market value on the date contributed.
The District capitalizes interest on construction projects up to the point in time that the project is substantially
completed.Capitalized interest is included in the cost of water system assets and is depreciated on the straight-line basis
over the estimated useful lives of such assets.
See independent auditors'report.13
~NOTES To FINANCIAL STATEMENTS
~~'YEARS ENDED JUNE 30,2009 AND 2008
1)REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES·Continued
F)Capital Assets -Continued
Depreciation is calculated using the straight-line method over the following estimated useful lives:
G)Compensated Absences
Water System
Field Equipment
Buildings
Communication Equipment
Transportation Equipment
Office Equipment
Recycled Water System
Sewer System
15-70 Years
2-50 Years
30-50 Years
2-10 Years
2-4 Years
2-10 Years
50-75 Years
25-50 Years
In accordance with GASB Statement No.16.a liability is recorded for unused vacation and sick leave balances since
the employees'entitlement to these balances are attributable to services already rendered and it is probable that virtually
all ofthese balances will be liquidated by either paid time-off or payment upon termination or retirement.
H)Restricted Assets and Liabilities
Certain current liabilities have been classified as current liabilities payable from restricted assets as they will be
funded from restricted assets.
I)Allowance for Doubtful Accounts
The District charges doubtful accounts arising from water sales receivable to bad debt expense when it is probable that
the accounts will be uncollectible.Uncollectible accounts are determined by the allowance method based upon prior
experience and management's assessment of the collectability ofexisting specific accounts.The allowance for doubtful
accounts were $17,531 and $9,253 for 2009 and 2008 respectively.
J)Use ofEstimates
The preparation of financial statements in conformity with generally accepted accounting principles in the United
States ofAmerica requires management to make estimates and assumptions that affect the reported amounts ofassets
and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the
reported amounts of revenues and expenses during the reporting period.Actual results could differ from those
estimates.
K)Property Taxes
Tax levies are limited to 1%of full market value (at time ofpurchase)which results in a tax rate of $1.00 per $100
assessed valuation,under the provisions of Proposition 13.Tax rates for voter-approved indebtedness are excluded
from this limitation.
The County of San Diego (the "County")bills and collects property taxes on behalf of the District.The County's tax
calendar year is July I to June 30.Property taxes attach as a lien on property on January I Taxes are levied on July I
and are payable in two equal installments on November I and February I,and become delinquent after December 10
and April 10,respectively.
L)Reclassifications
Certain reclassifications have been made to prior year amounts to conform to the current year presentation.
See independent auditors'report.14
e-~NOTES To FINANCIAL STATEMENTS
YEARS ENDED JUNE 30,2009 AND 2008
2)CASH AND INVESTMENTS
The primary goals of the District's Investment Policy are to assure compliance with all Federal,State,and Local laws
governing the investment of funds under the control of the organization,protect the principal of investments entrusted,and
generate income under the parameters ofsuch policies.
Cash and Investments are classified in the accompanying financial statements as follows:
Statement ofNet Assets:
Current Assets
Cash and cash equivalents
Investments
Noncurrent restricted:
Restricted Cash and cash equivalents
$50,823,237
26,169,080
1,760,63\
Total Cash and Investments $78,752,948
Cash and Investments consist ofthe following:
Cash on hand
Deposits with financial institutions
Investments
$2,800
5,701,\25
73,049,023
Total Cash and Investments $78,752,948
Investments Authorized by the California Government Code and the District's Investment Policy
Maximum
Investment
In One Issuer
Maximum
Percentage
OfPortfolio(I)
Maximum
Maturity
Authorized
Investment Type
The table below identifies the investment types that are authorized for the District by the California Government Code (or
the District's Investment Policy,where more restrictive).The table also identifies certain provisions of the California
Government Code (or the District's Investment Policy,where more restrictive)that address interest rate risk,credit risk,
and concentration of credit risk.This table does not address investments of debt proceeds held by bond trustee that are
governed by the provisions of debt agreements of the District,rather than the general provisions of the California
Government Code or the District's Investment Policy.
\
U.S.Treasury Obligations
U.S.Government Sponsored Entities
Certificates of Deposit
Corporate Medium-Term Notes
Commercial Paper
Money Market Mutual Funds
County Pooled Investment Funds
Local Agency Investment Fund (LAIF)
5 years
5 years
5 years
5 years
270 days
N/A
N/A
N/A
None
None
15%
15%
15%
15%
None
None
None
None
None
None
10%
None
None
None
(I)Excluding amounts held by bond trustee that are not subject to California Government Code restrictions.
See independent auditors'report 15
~~NOTES To FINANCIAL STATEMENTS~YEARS ENDED JUNE 30,2009 AND 2008
2)CASH AND INVESTMENTS·Continued
Investments Authorized by Debt Agreements
Investments of debt proceeds held by the bond trustee are governed by provisions of the debt agreements,rather than the
general provisions of the California Government Code or the District's Investment Policy.
Disclosures Relating to Interest Rate Risk
Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment.
Generally,the longer the maturity of an investment,the greater the sensitivity of its fair value to changes in market interest
rates.One of the ways that the District manages its exposure to interest rate risk is by purchasing a combination of shorter
term and longer term investments and by timing cash flows from maturities so that a portion of the portfolio is maturing or
coming close to maturity evenly over time as necessary to provide the cash flow and liquidity needed for operations.
Information about the sensitivity of the fair values of the District's investments to market interest rate fluctuations is
provided by the following table that shows the distribution of the District's investments by maturity:
Investment Type
U.S.Government Sponsored Entities
Local Agency Investment Fund
(LAIF)
Corporate Medium-Term Notes
San Diego County Pool
Total
Remaining Maturity (in Months)
12 Months 13 to 24 25 to 60 More Than
Or Less Months Months 60 Months
$22,048,400 $$22,048,400 $$
7,489,943 7,489,943
4,120,680 4,120,680
39,390,000 39,390,000
$73,049,023 $46,879,943 $26,169,080 $$
Disclosures Relating to Credit Risk
Generally,credit risk is the risk that an issuer of an investment will not fultill its obligation to the holder of the investment.
This is measured by the assignment ofa rating by a nationally recognized statistical rating organization.Presented below is the
minimum rating required by (where applicable)the California Government Code or the District's Investment Policy,or debt
agreements,and the actual rating as ofyear end for each investment type.
Minimum Rating as ofYear End
Legal Not
Investment Type Rating AAA AA Rated
U.S.Government Sponsored Entities $22,048,400 N/A $22,048,400 $$
Local Agency Investment
Fund (LAIF)7,489,943 N/A 7,489,943
Corporate Medium-Term Notes 4,120,680 A 2,061,960 2,058,720
San Diego County Pool 39,390,000 N/A 39,390,000
Total $73,049,023 $24,II0,360 $2,058,720 $46,879,943
See independent auditors'report.16
.~NOTES To FINANCIAL STATEMENTS
~~YEARS ENDED JUNE 30,2009 AND 2008
2)CASH AND INVESTMENTS -Continued
Concentration ofCredit Risk
The investment policy of the District contains various limitations on the amounts that can be invested in anyone type or group
on investments and in any issuer,beyond that stipulated by the California Government Code,Sections 53600 through 53692.
Investments in anyone issuer (other than U.S.Treasury securities,mutual funds,and external investment pools)that represent
5%or more oftotal District investments are as follows:
Issuer Investment Type Reported Amount
Federal Home Loan Bank
Federal Home Loan Mortgage Corp
Federal National Mortgage Association
Custodial Credit Risk
U.S.Government Sponsored Entities $
U.S.Government Sponsored Entities $
U.S.Government Sponsored Entities $
5,996,260
4,022,100
10,033,780
Custodial credit risk for deposits is the risk that,in the event of the failure of a depository financial institution,a government
will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession ofan outside
party.The custodial credit risk for investments is the risk that,in the event of the failure of the counterparty (e.g.,broker-
dealer)to a transaction,a government will not be able to recover the value of its investment or collateral securities that are in
the possession of another party.The California Government Code and the Entity's investment policy do not contain legal or
policy requirements that would limit the exposure to custodial credit risk for deposits or investments,other than the following
provision for deposits:The California Government Code requires that a financial institution secure deposits made by state or
local government units by pledging securities in an undivided collateral pool held by a depository regulated under state law
(unless so waived by the governmental unit).The market value of the pledged securities in the collateral pool must equal at
least 110%of the total amount deposited by the public agencies.California law also allows tinancial institutions to secure
deposits by pledging first trust deed mortgage notes having a value of 150%ofthe secured public deposits.
As ofJune 30,2009,$2,454,830 of the District's deposits with financial institutions in excess of federal depository insurance
limits were held in collateralized accounts.
Local Agency Investment Fund (LAIF)
The District is a voluntary participant in the Local Agency Investment Fund (LAIF)that is regulated by California Government
Code Section 16429 under the oversight of the Treasurer of the State ofCalifornia.The fair value of the District's investment
in this pool is reported in the accompanying financial statements at amounts based upon District's pro-rata share of the fair
value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio).The balance available
for withdrawal is based on the accounting records maintained by LAIF,which are recorded on an amortized cost-basis.
San Diego County Pooled Fund
As permitted by its Investment Policy,the District has placed funds with the San Diego County Pooled Fund.The pool may
invest some of their portfolios in derivatives.Detailed tnformation on derivative investments held by this pool is not readily
available.
See independent auditors'report.17
~~NOTES To FINANCIAL STATEMENTSI~~,YEARS ENDED JUNE 30,2009 AND 2008
2)CASH AND INVESTMENTS -Continued
Collateralfor Deposits
All cash and Certiticates of Deposit are entirely insured or collateralized.
Under the provisions of the California Government Code,California banks and savings and loan associations are required to
secure the District's deposits by pledging government securities as collateral.The market value of the pledged securities must
equal at least 110%of the District's deposits.California law also allows financial institutions to secure District deposits by
pledging first trust deed mortgage notes having a value of 150%of the District's total deposits.
The District may waive the 110%collateral requirement for deposits which are insured up to $250,000 by the FDIC.
3)CAPITAL ASSETS
The following is a summary ofchanges in Capital Assets for the year ended June 30,2009:
Beginning
Balance Additions Deletions Ending Balance
Capital Assets,Not Depreciated:
Land $13,025,364 $377,476 $$13,402,840
Construction in Progress 42,338,220 19,496,000 (43,553,942)18,280,278
Total Capital Assets Not Depreciated 55,363,584 19,873,476 (43,553,942)31,683,118
Capital Assets,Being Depreciated:
Infrastructure 495,249,373 42,051,766 (112,745)537,188,394
Field Equipment 9,430,276 43,295 9,473,571
Buildings 17,636,124 529,403 18,165,527
Transportation Equipment 3,102,661 194,636 (12,658)3,284,639
Communication Equipment 689,954 97,404 787,358
Office Equipment 16,825,593 577,554 17,403,147
Total Capital Assets Being Depreciated 542,933,981 43,494,058 (125,403)586,302,636
Less Accumulated Depreciation:
Infrastructure 125,132,713 10,562,504 (112,745)135,582,472
Field Equipment 8,714,039 249,920 8,963,959
Buildings 5,637,685 453,236 6,090,921
Transportation Equipment 2,559,141 109,383 (12,658)2,655,866
Communication Equipment 369,564 40,641 410,205
Office Equipment 9,170,026 1,060,030 10,230,056
Total Accumulated Depreciation 151,583,168 12,475,714 (125,403)163,933,479
Total Capital Assets Being Depreciated,Net 391,350,813 31,018,344 422,369,157
Total Capital Assets,Net $446,714,397 $50,891,820 $(43,553,942)$454,052,275
Depreciation expense for the years ended June 30,2009 and 2008 was $12,475,714 and $13,040,572,respectively.
See independent auditors'report.18
e~
NOTES To FINANCIAL STATEJ\tIENTS
YEARS ENDED JUNE 30,2009 AND 2008
4)OTHER NONCURRENT ASSETS
Deferred bond issue costs totaled $1,142,762 and $1,198,791,net of accumulated amortization of $296,309 and $240,279 as
of June 30,2009 and 2008,respectively.The costs are amortized on the straight-line method based on the estimated term of
the related bond debt.Amortization expense of $56,030 for the years ended June 30,2009 and 2008 is included in
miscellaneous non-operating expenses.
5)LONG-TERM DEBT
Long-term liabilities for the year ended June 30,2009 are as follows:
Beginning Due Within
Balance Additions Deletions Ending Balance One Year
General Obligation Bonds:
Improvement District No.27 $8,810,000 $$415,000 $8,395,000 $435,000
Unamortized Bond Discount (103,556)(7,397)(96,159)
Deferred Amount on Refunding (613,142)(40,876)(572,266)
Net General Obligation Bonds 8,093,302 366,727 7,726,575 435,000
Certificates ofParticipation:
1996 Certificates ofParticipation 12,500,000 400,000 12,100,000 400,000
2004 Certificates of Participation 10,835,000 515,000 10,320,000 530,000
2007 Certificates of Participation 42,000,000 785,000 41,215,000 815,000
1996 COPS Unamortized Discount (14,158)(745)(13,413)
2007 COPS Unamortized Discount (259,263)(9,044)(250,219)
2004 COPS Unamortized Premium 17,665 1,165 16,500
2004 COPS Deferred Amount on
Refunding (186,470)(12,295)(174,175)
Net Certificates ofParticipation 64,892,774 1,679,081 63,213,693 1,745,000
Notes Payable:
State Water Resource Control Board 1,031,730 330,214 701,516 341,772
Total Long-Term Liabilities $74,017,806 $$2,376,022 $71,641,784 $2,521,772
General Obligation Bonds
In June 1998,the District issued $11,835,000 of General Obligation Refunding Bonds.The proceeds of this issue,together
with other lawfully available monies,were to be used to establish an irrevocable escrow to advance refund and defease in their
entirety the District's previous outstanding General Obligation Bond issue.These bonds are general obligations of
Improvement District No.27 (10 27)of the District.The Board of Directors has the power and is obligated to levy annual ad
valorem taxes without limitation,as to rate or amount for payment of the bonds and the interest upon all property which is
within 10 27 and subject to taxation.The General Obligation Bonds are payable from District-wide tax revenues.The Board
may utilize other sources for servicing the bond debt and interest.
See independent auditors'report.19
,~NOTES To FINANCIAL STATElVIENTS
~~YEARS ENDED JUNE 30,2009 AND 2008
5)LONG·TERM DEBT -Continued
The refunding resulted in a deferred amount of$1,021,903,which is being amortized over the remaining life of the refunded
debt.Amortization for the years ended June 30,2009 and 2008 was $40,876 for each year and is included in miscellaneous
non-operating expenses.As of June 30,2009 and 2008,the amortized deferred amount of refunding is $572,266,and
$613,142,respectively.
The 1998 General Obligation Bonds have mterest rates from 4.5%to 5%with maturities through Fiscal Year 2023.
Future debt service requirements for the bonds are as follows:
For the Year Ended
June 30,Principal Interest
2010 $435,000 $402,705
2011 455,000 382,235
2012 475,000 360,608
2013 495,000 337,565
2014 520,000 312,945
2015-2019 3,015,000 1,141,353
2020-2023 3,000,000 309,250
$8,395,000 $3,246,661
Certificates of Participation (COPS)
In June 1996,COPS with face value of $15,400,000 were sold by the Otay Service Corporation to finance the cost ofdesign,
acquisition,and construction of certain capital improvements.An installment purchase agreement between the District,as
Buyer,and the Corporation,as SeILer,was executed for the scheduled payment of principal and interest associated with the
COPS.The installment payments are to be paid from taxes and "net revenues,"as described in the installment agreement.The
certificates bear interest at a variable weekly rate not to exceed 12%.The interest rate at June 30,2009 was 0.25%.The
installment payments are to be paid annually at $350,000 to $900,000 from September I,J996 through September 1,2026.
In July 2004,Refunding Certificates of Participation (COPS)with a face value of$12,270,000 were sold by the Otay Service
Corporation to advance refund $11,680,000 of outstanding 1993 COPS.An installment agreement between the District,as
Buyer,and the Corporation,as Seller,was executed for the scheduled payment of principal and interest associated with the
COPS.The installment payments are to be paid from taxes and "net revenues,"as described in the installment agreement.The
certificates are due in annual installments of $445,000 to $895,000 from September 1,2005 through September I,2023;
bearing interest at 3%to 4.625%.
See independent auditors'report.20
e~NOTES To FINANCIAL STATEMENTS
YEARS ENDED JUNE 30,2009 AND 2008
5)LONG-TERM DEBT -Continued
Certificates ofParticipation (COPS)-Continued
In March 2007,Revenue Certificates of participation (COPS)with face value of $42,000,000 were sold by the Otay Service
Corporation to improve the District's water storage system and distribution facilities.An installment purchase agreement
between the District,as a Buyer,and the Corporation,as Seller,was executed for the scheduled payment of principal and
interest associated with the COPS.The installment payments are to be paid from taxes and "net revenues,"as described in the
installment agreement.The certificates are due in annual installments of $785,000 to $2,445,000 from September 1,2007
through September 1,2036;bearing interest at 3.7%to 4.47%.
There is no aggregate reserve requirement for the COPS.Future debt service requirements for the certificates are as follows:
For the Year 1996 COPS 2004 COPS 2007 COPS
Ended June 30,Principal Interest*Principal Interest Principal Interest
201O $400,000 $29,417 $530,000 $402,634 $815,000 $1,686,410
2011 400,000 28,417 545,000 386,236 850,000 1,655,395
2012 400,000 27,417 565,000 368,607 885,000 1,622,864
2013 500,000 26,208 580,000 349,566 920,000 1,589,020
2014 500,000 24,958 600,000 328,906 955,000 1,553,864
2015-2019 3,000,000 103,500 3,375,000 1,271,613 5,375,000 7,187,979
2020-2024 3,900,000 59,875 4,125,000 482,422 6,515,000 6,031,444
2025-2029 3,000,000 9,250 7,995,000 4,538,196
2030-2034 9,875,000 2,644,028
2035-2037 7,030,000 470,094
$12,100,000 $309,042 $10,320,000 $3,589.984 $41,215.000 $28,979.294
*Variable Rate -Interest reflected at June 30,2009 at a rate of0.25%.
The three COP debt issues contain various covenants and restrictions,principally that the District fix,prescribe,revise and
collect rates,fees and charges for the Water System which will be at least sufficient to yield,during each fiscal year,taxes
and net revenues equal to one hundred twenty-five percent (125%)ofthe debt service for such fiscal year.
Note Payable
In December 1990,the District entered into a 3.5%note payable to the State Water Resources Control Board.This note is
unsecured and payable in annual installments of$366,325 including principal and interest from 1992 through 2010.The total
amount outstanding at June 30,2009 and aggregate maturities of the note for the fiscal years subsequent to June 30,2009,are
as follows:
For the Year
Ended June 30,Principal Interest
2010 $341,772 $24,553
2011 353,734 12,591
2012 6,010 I
$701,516 $37,145
See independent auditors'report.21
~NOTES To FINANCIAL STATEMENTS
~YEARS ENDED JUNE 30,2009 AND 2008
6)NET ASSETS
Designated Net Assets
In addition to the restricted net assets,a portion of the unrestricted net assets have been designated by the Board of Directors
for the following purposes as ofJune 30,2009 and 2008:
2009 2008
Designated Betterment $2,969,722 $804,769
Expansion Reserve 18,569,610 11,966,501
Replacement Reserve 26,388,812 31,785,910
Insurance Reserve 8,436,721 10,458,191
Total $56,364,865 $55,015,371
7)DEFINED BENEFIT PENSION PLAN
Plan Description
The District's defined plan,(the "Plan"),provides retirement and disability benefits,annual cost-of-living adjustments,and
death benefits to plan members and beneficiaries.The Plan is part of the Public Agency portion of the California Public
Employees'Retirement System (CaIPERS),an agent multiple-employer plan administered by CaIPERS,which acts as a
common investment and administrative agent for participating public employers within the State of California.A menu of
benefit provisions as well as other requirements is established by State statute within the Public Employees'Retirement Law.
The Plan selects optional benefit provisions from the benefit menu by contract with CalPERS and adopts those benefits
through District resolution.CalPERS issues a separate Comprehensive Annual Financial Report.Copies of the CaIPERS'
annual financial report may be obtained from the CalPERS Executive Office,400 P Street,Sacramento,California 95814.
Funding Policy
Active members in the Plan are required to contribute 8%of their annual covered salary.The District has elected to contribute
7%on behalf of its employees.The District is required to contribute the actuarially determined remaining amounts necessary
to fund the benefits for its members.The actuarial methods and assumptions used are those adopted by the CalPERS Board of
Administration.The required employer contribution rate for the fiscal year ended June 30,2009 was 19.369%.The
contribution requirements ofthe Plan members are established by State statute and the employer contribution rate is established
and may be amended by the CaIPERS.
See independent auditors'report.22
~~.NOTES To FINANCIAL STATEMENTS
~YEARS ENDED JUNE 30,2009 AND 2008
7)DEFINED BENEFIT PENSION PLAN -Continued
Annual Pension Costs
For the fiscal year ended June 30,2009,the District's annual pension cost and actual contribution was $2,150,579.The
required contribution for the fiscal year ended June 30,2009 was determined as part of the June 30,2006 actuarial valuation.
The following is a summary of the actuarial assumptions and methods:
Valuation Date
Actuarial Cost Method
Amortization Method
Average Remaining Period
Asset Valuation Method
Actuarial Assumptions:
Investment Rate of Return
Projected Salary Increase
Inflation
Payroll Growth
Individual Salary Growth
June 30,2006
Entry Age Actuarial Cost Method
Level Percent ofPayroll
21 Years as of the Valuation Date
15 Year Smoothed Market
7.75%(Net of Administrative Expenses)
3.25%to 14.45%Depending on Age,Service,and Type of Employment
3.00%
3.25%
A merit scale varying by duration ofemployment coupled with an assumed annual
inflation component of3.00%and an annual production growth of0.25%.
Initial unfunded liabilities are amortized over a closed period that depends on the Plan's date of entry into CalPERS.
Subsequent Plan amendments are amortized as a level percentage of pay over a closed 20-year period.Gains and losses that
occur in the operation of the plan are amortized over a rolling period,which results in an amortization of 6%of unamortized
gains and losses each year.Ifthe plan's accrued liability exceeds the actuarial value of the plan assets,then the amortization
payment ofthe total unfunded liability may be lower than the payment calculated over a 30-year amortization period.
THREE-YEAR 1REND INFORMAnON FOR PERS
Fiscal
Year
Annual Pension
Cost (APC)
Percentage of
APC Contributed
Net Pension
Obligation
6/30109
6/30/08
6/30/07
Funded Status and Funding Progress
$
$
$
2,150,579
2,252,601
1,925,758
100%
100%
100%
$
$
$
o
oo
As ofJune 30,2007,the most recent actuarial valuation date,the plan was 75.6%funded.The actuarial accrued liability (AAL)for
benefits was $59,412,116,and the actuarial value of assets was $44,910,326,resulting in an unfunded actuarial accrued liability
(VAAL)of $14,50I,790.The covered payroll (annual payroll ofactive employees covered by the plan)was $10,663,440,and the
ratio ofthe VAAL to the covered payroll was 136.0%.
The schedule offunding progress,presented as required supplementary information following the notes to the financial statements,
presents multiyear trend information about whether the actuarial value of plan assets is increasing or decreasing over the time
relative to the actuarial accrued liability for benefits.
See independent auditors'report.23
@ NOTES To FINANCIAL STATEMENTS
YEARS ENDED JUNE 30,2009 Al'lD 2008
8)OTHER POST EMPLOYMENT BENEFITS
Plan Description
The District's defined benefit postemployment healthcare plan,(DPHP),provides medical benefits to eligible retired District
employees and beneficiaries.DPHP is part of the Public Agency portion of the California Employers'Retiree Benefit Trust
Fund (CERBT),an agent multiple-employer plan administered by California Public Employees'Retirement System
(CaIPERS), which acts as a common investment and administrative agent for participating public employers within the State of
California.A menu of benefit provisions as well as other requirements is established by State statute within the Public
Employees'Retirement Law.DPHP selects optional benefit provisions from the benefit menu by contract with CalPERS and
adopts those benefits through District resolution.CalPERS issues a separate Comprehensive Annual Financial Report.Copies
of the CaIPERS'annual financial report may be obtained from the CalPERS Executive Office,400 P Street,Sacramento,
California 95814.
Funding Policy
The contribution requirements of plan members and the District are established and may be amended by the Board of
Directors.DPHP members receiving benefits contribute based on their selected plan options of EPa,Silver or Gold and if
they are located outside the State of California.Contributions by plan members range from $0 to $95 per month for
coverage to age 65,and from $0 to $62 per month,respectively,thereafter.
Annual OPEB Cost and Net OPEB Obligation/Asset
The District's annual OPEB cost (expense)is calculated based on the annual required contribution ofthe employer (ARC),
an amount actuarially determined in accordance with the parameters of GASB Statement 45.The ARC represents a level of
funding that,if paid on an ongoing basis is projected to cover the normal annual cost.Any unfunded actuarial liability (or
funding excess)is amortized over a period not to exceed thirty years.The current ARC rate is 7.7%of the annual covered
payroll.
The following table shows the components of the District's annual OPEB cost for the year,the amount actually contributed
to the plan,and changes in the District's net OPEB obligation/asset:
873,000
(437,798)
2009
Annual Required Contribution (ARC)$
Interest on net OPEB asset
Adjustment to Annual Required Contribution
(ARC)489,999
Annual OPEB cost (expense)925,201
Contributions made 1,481,069
Increase in net OPEB asset (555,868)
Net OPEB asset -beginning of year (5,649,008)
Net OPEB asset -end of year =$=====(::6=,2=04=,=87=6:=:)
$
$
2008
846,000
846,000
6,495,008
(5,649,008)
(5,649,008)
For 2009,in addition to the ARC,the District contributed an implied subsidy (healthcare premium payments for retirees to
Special District Risk Management Authority (SDRMA))in the amount of $608,069,which is included in the $1,481,069 of
contributions shown above.For 2008 this amount was $649,008,which is included in the $6,495,008 of contributions shown
above.
See independent auditors'report.24
~,NOTES To FINANCIAL STATE.MENTS
~~YEARS ENDED JUNE 30,2009 AND 2008
8)OTHER POST EMPLOYMENT BENEFITS·Continued
The District's annual OPEB cost,the percentage of annual OPEB cost contributed to the plan,and the net OPEB
obligation/asset for the fiscal years 2009,2008 and 2007 were as follows:
THREE-YEAR TREND INFORMATION FOR CERBT
Fiscal
Year
6/30/09
6/30/08
6/30/07
$
$
AnnualOPEB
Cost (AOC)
925,201
846,000
*
Percentage of
OPEB Cost Contributed
100%
100%
*
$
$
NetOPEB
Asset
(6,204,876)
(5,649,008)
*
*The information for 6/30/2007 is unavailable. GASB 45 was implemented in fiscal year 2008.
Funded Status and Funding Progress
The funded status of the plan as of June 30,2007,the most recent actuarial valuation date,was as follows:
Actuarial Accrued Liability (AAL)$
Actuarial Value of Plan Assets $
Unfunded Actuarial Accrued Liability (UAAL)$
Funded Ratio (Actuarial Value of Plan Assets/AAL)
Covered Payroll (Active Plan Members)$
UAAL as a Percentage ofCovered Payroll
11,408,000o
11,408,000
0%
10,951,000
104.2%
Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the
probability of occurrence of events far into the future.Examples include assumptions about future employment,mortality,
and the healthcare cost trend.Amounts determined regarding the funded status of the plan and the annual required
contributions of the employer are subject to continual revision as actual results are compared with past expectations and
new estimates are made about the future.The schedule of funding progress,presented as required supplementary
information following the notes to the financial statements,presents multi-year trend information about whether the
actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for the
benefits.
See independent auditors'report.25
.~~NOTES To FINANCIAL STATEMENTS~YEARS ENDED JUNE 30,2009 AND 2008
8)OTHER POST EMPLOYMENT BENEFITS·Continued
Actuarial Methods and Assumptions
Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the
employer and the plan members)and include the types of benefits provided at the time ofeach valuation and the historical
pattern of sharing of benefit costs between employer and plan members to that point.The actuarial methods and
assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued
liabilities and the actuarial assets,consistent with the long-term perspective ofthe calculations.
The following is a summary of the actuarial assumptions and methods:
Valuation Date
Actuarial Cost Method
Amortization Method
Remaining Amortization Period
Asset Valuation Method
Actuarial Assumptions:
Investment Rate ofReturn
Projected Salary Increase
Inflation
Individual Salary Growth
9)WATER CONSERVATION AUTHORITY
June 30,2007
Entry Age Normal Cost Method
Level Percent of Payroll
30 Years as of the Valuation Date
15 Year Smoothed Market
7.75%(Net of Administrative Expenses)
3.25%
3.00%
CalPERS 1997-2002 Experience Study
In 1999 the District formed the Water Conservation Authority (the "Authority"),a Joint Powers Authority,with other local
entities to construct,maintain and operate a xeriscape demonstration garden in the furtherance of water conservation.The
authority is a non-profit public charity organization and is exempt from income taxes.During the years ended June 30,2009
and 2008,the District contributed $95,270 and $80,541,respectively,for the development,construction and operation costs of
the xeriscape demonstration garden.
A summary ofthe Authority's June 30,2008 audited financial statement is as follows (latest report available):
Assets
Liabilities
Revenues,Gains and Other Support
Changes in Net Assets
See independent auditors'report.
$2,513,701
77,469
782,019
(23,115)
26
~NOTES To FINANCIAL STATEMENTS~~YEARS ENDED JUNE 30,2009 AND 2008
10)COMMITMENTS AND CONTINGENCIES
Construction Commitments
The District had committed to capital projects under construction with an estimated cost to complete of $1 ,088,300 at June 30,
2009.
Litigation
Certain claims,suits and complaints arising in the ordinary course of operation have been filed or are pending against the
District.In the opinion of the staff and counsel,all such matters are adequately covered by insurance,or if not so covered,are
without merit or are of such kind,or involved such amounts,as would not have significant effect on the financial position or
results of operations of the District if disposed ofunfavorably.
Refundable Terminal Storage Fees
The District has entered into an agreement with several developers whereby the developers prepaid the terminal storage fee in
order to provide the District with the funds necessary to build additional storage capacity.The agreement further allows the
developers to relinquish all or a portion of such water storage capacity.If the District grants to another property owner the
relinquished storage capacity,the District shall refund to the applicable developer $746 per equivalent dwelling unit (EDU).
There were 17,867 EDUs that were subject to this agreement.At June 30,2008,1,750 EDUs had been relinquished and
refunded,14,622 EDUs had been connected,and 1,495 EDUs have neither been relinquished nor connected.At June 30,
2009,1,750 EDUs had been relinquished and refunded,14,662 EDUs had been connected,and 1,455 EDUs have neither been
relinquished nor connected.
Developer Agreements
The District has entered into various Developer Agreements with developers towards the expansion of District facilities.The
developers agree to make certain improvements and after the completion of the projects the District agrees to reimburse such
improvements with a maximum reimbursement amount for each developer.Contractually,the District does not incur a liability
for the work until the work is accepted by the District.As ofJune 30,2009,none of the 3 outstanding developer agreements
had been accepted,however it is anticipated that the District will be liable for an amount not to exceed $20,300 at the point of
acceptance.Accordingly,the District did not accrue a liability as ofyear end.
11)RISK MANAGEMENT
General Liability
The District is exposed to various risks of loss related to torts,theft,damage and destruction of assets,errors and
omissions,and natural disasters.Beginning in July 2003,the District began participation in an insurance pool through the
Special District Risk Management Authority (SDRMA).SDRMA is a not-for-profit public agency formed under
California Government Code Sections 6500 et.Seq.SDRMA is governed by a board composed of members from
participating agencies.The mission of SDRMA is to provide renewable,efficiently priced risk financing and risk
management services through a financially sound pool.The District pays an annual premium for commercial insurance
covering general liability,excess liability,property,automobile,public employee dishonesty,and various other claims.
Coverage limits range lip to $1 billion.Accordingly,the District retains no risk of loss.Separate financial statements of
SDRMA may be obtained at Special District Risk Management Authority,1112 "I"Street,Suite 300,Sacramento,CA
95814.
Workers'Compensation
Through SDRMA,the District is insured up to $200,000,000 for Statutory Workers'Compensation and $5,000,000 for
Employers'Liability coverage with no deductible.SDRMA currently has a pool of 336 agencies in the Workers'
Compensation Program.
See independent auditors'report.27
~~NOTES To FINANCIAL STATElVIENTS~~.YEARS ENDED JUNE 30,2009 AND 2008
11)RISK MANAGEMENT -Continued
Health Insurance
Previously the District maintained a self-insurance program for health claims.Beginning in January 2008,the District
began providing health insurance through SDRMA covering all of its employees,retirees,and other dependents.Prior
estimated accrued claims outstanding at June 30,2008 amounted to $137,029,and all remaining claims were paid as of
December 31,2008.SDRMA is a self-funded pooled medical program administered in conjunction with the California
State Association of Counties (CSAC).
Adequacy ofProtection
During the past three fiscal (claims)years none ofthe above programs of protection have had settlements or judgments that
exceeded pooled or insured coverage.There have been no significant reductions in pooled or insured liability coverage
from coverage in the prior year.
12)INTEREST EXPENSE
Interest expense for the years ended June 30,2009 and 2008,is as follows:
2009 2008
Amount Expensed $1,340,ILO $2,601,252
Amount Capitalized as a Cost of
Construction Projects I,353,153 373,282
Total Interest $2.693,263 $2,974,534
See independent auditors'report.28
REQUIRED SUPPLEMENTARY INFORMATION
YEARS ENDED JUNE 30,2009 AND 2008
~REQUIRED SUPPLEMENTARY INFORMATION~YEARS ENDED JUNE 30,2009 AND 2008
Schedule of Funding Progress for PERS
Actuarial
Accrued UAALas a
Actuarial Actuarial Liability Unfunded Percentage of
Valuation Value of (AAL)Entry AAL Funded Covered Covered
Date Assets Age (UAAL)Ratio Payroll Payroll
(A)(B)(B -A)(AlB)(C)[(B-A)/C]
6/30/07
Miscellaneous $44,910,326 $59,412,116 $14,501,790 75.6%$10,663,440 136.0%
6/30/06
Miscellaneous $40,321,483 $54,228,041 $13,906,558 74.4%$10,470,766 132.8%
6/30/05
Miscellaneous $36,029,595 $50,249,943 $14,220,348 71.7%$10,005,158 142.1%
Schedule ofFunding Progress for DPHP
Actuarial
Accrued UAALas a
Actuarial Actuarial Liability Unfunded Percentage of
Valuation Value of (AAL)Entry AAL Funded Covered Covered
Date Assets Age (UAAL)Ratio Payroll Payroll
(A)(B)(B -A)(AlB)(C)[(B-A)/C]
6/30/07
Miscellaneous $o $1L,408,000 $11,408,000 0%$10,951,000 104.2%
6/30/06
Miscellaneous ** *'"*'"
*GASB 45 was implemented in fiscal year 2008.The information for the 2006 year is unavailable.
See independent auditors'report.29
ATTACHMENT C
~DIEHL,EVANS &.COMPANY,LLP~CERTIFIED PUBLIC ACCOUNTANTS &:CONSULTANTS
A PARTNERSfllPINCLUDING ACCOUNTANCYCORPORATIONS
2965 ROOSEVELT STREET
CARLSBAD,CALIFORNIA 92008-2389
-'(760)729-2343.FAX (760)729-2234
www.diehlevans.com
Board ofDirectors
Otay Water District
Spring Valley,California
October lO,2009
'PHILIPH.HOLTKAMP.CPA
'THOMAS M.PERLOWSKI.CPA
'HARVEY I.SCHROEDER,CPA
KENNETH R.AMES,CPA
WILLIAM C.PENTZ.CPA
MICHAELR.LUDlN.CPA
CRAIG W.SPRAKER,CPA
NITINP.PATEL,CPA
ROBERTI.CALLANAN,CPA
• APROFESSIONALCORPORATION
In planning and performing our audit of the financial statements of the Otay Water District (the
District)as ofand for the year ended June 30,2009,in accordance with auditing standards ofgenerally
accepted in the United States of America,we considered the District's internal control over financial
reporting (internal control)as a basis for designing our auditing procedures for the purpose of
expressing our opinion on the financial statements,but not for the purpose ofexpressing an opinion on
the effectiveness ofthe District's internal control.Accordingly,we do not express an opinion on the
effectiveness ofthe District's internal control.
A control deficiency exists when the design or operation of a control does not allow management or
employees,in the normal course of performing their assigned functions,to prevent or detect
misstatements on a timely basis.A significant deficiency is a control deficiency,or a combination of
control deficiencies,that adversely affect the entity's ability to initiate,authorize,record,process,or
report financial data reliably in accordance with generally accepted accounting principles such that
there is more than a remote likelihood that a misstatement of the entity's financial statements that is
more than inconsequential will not be prevented or detected by the entity's internal control.
A material weakness is a significant deficiency,or a combination of significant deficiencies,that
results in more than a remote likelihood that a material misstatement of the financial statements will
not be prevented or detected by the entity's internal control.
Our consideration of internal control was for the limited purpose described in the first paragraph and
would not necessarily identify all deficiencies in internal control that might be significant deficiencies
or material weaknesses.We did not identify any deficiencies in internal control that we consider to be
material weaknesses,as defined above.
This communication is intended solely for the information and use of management,the Board of
Directors,and others within the District and is not intended to be and should not be used by anyone
other than these specified parties.
otHER OFFICES AT:613 W.VALLEY PARKWAY,SUITE 330
ESCONDIDO,CALIFORNIA 92025·2598
(760)741.3141 •FAX (760)741·9890
2121 ALTON PARKWAY.SUITE HlO
IRVINE,CALIFORNIA 92606-4906
(949)757·7700 •FAX {9491 757"2707
ATTACHMENT D
~,DIEHL,EVANS &.COMPANY,LLP~CERTIFIED PUBLIC ACCOUNTANTS &CONSULTANTS
APARTNERSHIP INCLUDING ACCOUNTANCYCORPORATIONS
2965 ROOSEVELT STREET
CARLSBAD,CALIFORNIA 92008-2389
(760)729-2343 •FAX (760)729-2234
www.dieWevans.com
Board ofDirectors
Audit Committee
Otay Water District
Spring Valley,California
October 10,2009
'PHlLIP H.HOLTKAMP,CPA
*THOMAS M.PERLOWSKI,CPA
'HARVEY J.SCHROEDER,CPA
KENNETHR.AMES,CPA
WILLIAMC.PENTZ,CPA
MICHAELR.LOOIN,CPA
CRAIG W.SPRAKER,CPA
NITINP.PATEL,CPA
ROBERT J.CALLANAN,CPA
• APROFESSIONAL CORPORATION
We have audited the financial statements of the Otay Water District for the year ended June 30,2009,
and have issued our report thereon dated October 10,2009.Professional standards require that we
provide you with the following information related to our audit.
Our Responsibility Under Auditing Standards Generally Accepted in the United States of
America:
As stated in our engagement letter dated April 13,2009,our responsibility,as described by
professional standards,is to express an opinion about whether the financial statements 'prepared by
management with your oversight are fairly presented,in all material respects,in conformity with
accounting principles generally accepted in the United States ofAmerica.Our audit of the financial
statements does not relieve you or management ofyour responsibilities.Our responsibility is to plan
and perform the audit to obtain reasonable,but not absolute,assurance that the financial statements are
free of material misstatement.As part of our audit,we considered the internal control of the Otay
Water District.Such considerations were solely for the purpose of determining our audit procedures
and not to provide any assurance concerning such internal control.We are responsible for
communicating significant matters related to the audit that are,in our professional judgment,relevant
to your responsibilities in overseeing the financial reporting process.However,we are not required to
design procedures specifically to identify such matters.
Planned Scope and Timing of the Audit:
We performed the audit according to the planned scope and timing previously communicated to you in
our meeting about planning matters on August 5,2009.
- 1-
OTHEROFFICES AT:613 W.VALLEY PARKWAY,SUITE330
ESCONDIDO,CALIFORNIA 92025-2598
(760)741-3141.FAX (760)741-9890
5 CORPORATE PARK,SUITE100
IRVINE,CALIFORNIA 92606-5165
(949)-399-0600.FAX(949)399"()6IO
Significant Audit Findings:
Qualitative Aspects ofAccounting Practices
Management is responsible for the selection and use of appropriate accounting policies.The
significant accounting policies used by the Otay Water District are described in Note 1 to the financial
statements.No new accounting policies were adopted and the application of existing policies was not
changed during the year ended June 30,2009.We noted no transactions entered into by the Otay
Water District during the year for which there is a lack ofauthoritative guidance or consensus.There
are no significant transactions that have been recognized in the financial statements in a different
period than when the transaction occurred.
Accounting estimates are an integral part ofthe financial statements prepared by management and are
based on management's knowledge and experience about past and current events and assumptions
about future events.Certain accounting estimates are particularly sensitive because of their
significance to the financial statements and because ofthe possibility that future events affecting them
may differ significantly from those expected.The most sensitive estimates affecting the financial
statements were:
a.Management's estimate ofthe fair market value ofinvestments which is based on market
values by outside sources.
b.The estimated useful lives for capital assets which are based on industry standards.
We evaluated the key factors and assumptions used to develop these estimates in determining that they
were reasonable in relation to the financial statements taken as a whole.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing
our audit.
Audit Adjustments
Professional standards require us to accumulate all known and likely adjustments identified during the
audit,other than those that are trivial,and communicate them to the appropriate level ofmanagement.
Management has made all such adjustments.The following adjustment detected as a result of audit
procedures was corrected bymanagement:
a.Capitalized interest on infrastructure capital assets was increased by $556,357 due to the
adjustment.We determined the proper amount to be capitalized through calculations of
capital assets constructed.
-2-
Significant Audit Findings (Continued):
Disagreements with Management
For the purposes of this letter,professional standards define a disagreement with management as a
financial accounting,reporting,or auditing matter,whether or not resolved to our satisfaction,that
could be significant to the financial statements ofthe auditors'report.We are pleased to report that no
such disagreements arose during the course ofour audit.
Management Representations
We have requested certain representations from management that are included in the management
representation letter dated October 10,2009.
Management Consultations with Other Independent Accountants
In some cases,management may decide to consult with other accountants about auditing and
accounting matters,similar to obtaining a "second opinion"on certain situations.If a consultation
involved application of an accounting principle to the Otay Water District's financial statements or a
determination of the type of auditor's opinion that may be expressed on those statements,our
professional standards require the consulting accountant to check with us to determine that the
consultant has all the relevant facts.To our knowledge,there were no such consultations with other
accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters,including the application of accounting principles and
auditing standards,with management prior to retention as the Otay Water District's auditors.
However,these discussions occurred in the normal course of our professional relationship and our
responses were not a condition to our retention.
****
This information is intended solely for the use of the Board of Directors,Audit Committee and
management of the Otay Water District and is not intended to be and should not be used by anyone
other than these specified parties.
-3-
ATTACHMENT E
~DIEHL,EVANS &.COMPANY,LLP~CERTIFIED PUBLIC ACCOUNTANTS &:CONSULTANTS
A PARTNERSHIPINCLUDINGACCOUNTANCY CORPORATIONS
2965 ROOSEVELT STREET
CARLSBAD,CALIFORNIA 92008-2389
(760)729-2343.FAX (760)729-2234
www.diehlevans.com
INDEPENDENT ACCOUNTANTS'REPORT
ON APPLYING AGREED-UPON PROCEDURES
August 18,2009
Mr.Joseph Beachem
ChiefFinancial Officer
Otay Water District
Spring Valley,CA
'PHILIP H.HOLTKAMP,CPA
'THOMASM.PERLOWSKI,CPA
'HARVEYJ.SCHROEDER,CPA
KENNETH R.AMES,CPA
WILLIAM C.PENTZ,CPA
MICHAEL R.LUDIN,CPA
CRAIG W.SPRAKER,CPA
NITIN P.PATEL,CPA
ROBERT J.CALLANAN,CPA
We have performed the procedures enumerated below,which were agreed to by the Otay Water District
(the "District")solely to assist the District's senior management in evaluating the investments of the
District for the fiscal year ended June 30,2009.The District's management is responsible for the
evaluation ofthe investments ofthe District.
This agreed-upon procedures engagement was conducted in accordance with attestation standards
established by the American Institute of Certified Public Accountants.The sufficiency of these
procedures is solely the responsibility ofthose parties specified in the report.Consequently,we make no
representation regarding the sufficiency of the procedures described below either for the purpose for
which this report has been requested or for any other purpose.
Our procedures and findings are as follows:
l.Obtain a copy ofthe District's investment policy and determine that it is in effect for the time
period under review.
a.Findings:At June 30,2009,the current investment policy (Policy #27)is dated
September 6,2006.This policy was reviewed and approved for the 2008/2009 Fiscal
year as part of the consent calendar at the September 3,2008 Regular Board Meeting.
Therefore the investment policy is in effect for the time period under review.
2.Select 4 investments held at year end and determine if they are allowable investments under the
District's Investment Policy.
a.Findings:Four investments chosen were FNMA -Maturity 7/2/2010;FHLB -Maturity
5/18/2011;FFCB -Maturity 2/28/2011 and GE Electric Corporate Bond -Maturity
12/1/2010.All four investments are allowable and within maturity limits as stated in the
District's Investment Policy at June 30,2009.
I
Il
OTHER OFFICES AT:613 W.VALLEYPARKWAY,SillTE330
ESCONDIDO,CALIFORNIA 92025-2598
(760)741-3141.FAX (760)741-9890
5CORPORATEPARK,SillTE 100
IRVINE,CALIFORNIA92606-5165
(949)-399-0600.FAX(949)399-0610
Mr.Joseph Beachem,CFO
Otay Water District
August 18,2009
Page 2
3.For the four investments selected in #2 above,determine if they are held by a third party
custodian designated by the District and evidenced by safekeeping receipts as required by the
District's Policy.
a.Findings:Per discussion with District management and evidenced by Union Bank of
California monthly statements,the four investments examined are held by a third party
custodian designated by the District in compliance with District Policy.
4.Confirm the par or original investment amount and market value for the four investments selected
above with the custodian or issuer ofthe investments.
a.Findings:Investment values confirmed with Union Bank of California at June 30,2009
with no exceptions.
5.Select two investment earnings transactions that took place during the year and recompute the
earnings to determine ifthe proper amount was received.
a.Findings:Investment earnings recalculated with no exceptions for two transactions
selected.
6.Trace amounts received for transactions selected at #5 above into the District's bank accounts.
a.Transactions traced into District's Union Bank of California Money Market account with
no exceptions for the two transactions selected.
7.Select five investment transactions (buy,sell,trade or maturity)occurring during the year under
review and determine that the transactions are permissible under the District's investment policy.
a.Findings:Reviewed five investment transactions.All transactions were permissible
under the District's Investment Policy.
8.Review the supporting documents for the five investments selected at #7 above to determine if
the transactions were appropriately recorded in the District's general ledger.
a.Findings:Five investments selected at #7 above are appropriately recorded in the
District's General Ledger without exception.
We were not engaged to,and did not,perform an audit,the objective of which would have been the
expression of an opinion on the investments of the District for the fiscal year ending June 30,2009.
Accordingly,we do not express such an opinion.Had we performed additional procedures,other matters
might have come to our attention that would have been reported to you.
This report is limited solely for the information and use of the senior management of the Otay Water
District and is not intended to be and should not be used by anyone other than those specified parties.
STAFF REPORT
AGENDA ITEM 5d
TYPE MEETING:
SUBMITTED BY:
APPROVED BY:
(Chief)
Regular Board ~
Rom Sarno,Chi ,
Administrative S ices
MEETING DATE:
W.O.lG.F.NO:
November 4,2009
DIV.NO.All
APPROVED BY:
(Ass!.GM):
ez,Assistant General Manager,Finance and
SUBJECT:REJECTION OF THE GARY L.TIMM AND MARY A.TIMM CLAIM
GENERAL MANAGER'S RECOMMENDATION:
That the Board reject the claim submitted September 24,2009,by
Gary Timm and Mary Timm for damage to their property related to
a severed fire hydrant caused by a vehicle driven by Neiman Somo
on August 17,2009.
COMMITTEE ACTION:
Please see Attachment "A".
PURPOSE:
To recommend to the Board to reject a claim by Gary Timm and
Mary Timm related to expenses for water damages caused when a
vehicle driven by Mr.Neiman Somo hit and severed a fire hydrant
causing a flood on August 17,2009.
ANALYSIS:
On August 17,2009,Neiman Salem Somo was driving his vehicle
westbound on SR-94,when he lost control and hit a fire hydrant,
causing water to flow down Rancho Oaks Lane.Gary Timm and Mary
Timm have filed a claim for $15,000.00 for damage to their
property caused by the water.The claimants allege the District
was negligent when the District failed to immediately turn the
water valve off.
The District responded and had the valve closed within forty
(40)minutes from having received the call.The San Miguel Fire
Department (SMFD)was first to respond to the scene of the
accident.The SMFD attempted to turn the water off,but was not
able to find the correct valve.The District Operator found the
appropriate valve shortly upon arriving at the scene of the
accident.The response time and the time to turn the valve off
of 40 minutes is considered timely given the factors related to
this accident.
Karen Lafferty,Senior Claims Examiner for the Special District
Risk Management Authority,the District's insurance carrier,is
recommending the District reject the claim from Gary and Mary
Timm.The District was timely in responding to this incident and
was not negligent.The owner of the vehicle that hit and severed
the fire hydrant is responsible for any damage caused by the
flood.
Total damages to District property of $5,419 will be submitted
to the vehicle owner's insurance carrier for reimbursement.
FISCAL IMPACT:
None at this time.
STRATEGIC GOAL:
"Ensure full cost recovery."
LEGAL IMPACT:
None.
Attachments:
(A)Committee Action Report
(B)Claim against Otay Water District
(C)Police Report #09-08-0156 dated 8/17/09
ATTACHMENT A
SUBJECT/PROJECT:REJECTION OF THE GARY L.TIMM AND MARY A.TIMM CLAIM
COMMITTEE ACTION:
The Finance,Administration and Communications Committee
reviewed this item at a meeting on October 19,2009 and the
following comments were made:
•
•
•
•
A District fire hydrant was hit by a driver who lost control
of his car while traveling westbound on SR-94.Gary and Mary
Timm claim that the District did not respond timely and the
water from the fire hydrant damaged their property.They have
filed a claim for $15,000.
It was indicated that the District's response,from the time
of the call,was approximately 30 minutes (15 minutes to get
to the site and 15 minutes to locate and close the valve).It
was noted that the valve was covered with dirt and water and a
metal detector was used to find the valve.
The approximate cost of the damage to the District is $5000
and approximately 120,000 gallons of water was lost at a
approximate cost of $300.
It was discussed that the driver is responsible for the
damage.As the driver is a minor,the claim should be filed
with his parents.
Following the discussion,the committee supported presentation
to the full board on the consent calendar.
ATTACHMENT B
Gary L.Titntn
MaryA.Timm
3133 Rancho Oaks Lane
Spring Valley,CA 91978
Cell Gary-619-990-6085
Work Mary-619-260-7537
Home 619 -660-1763
September 21,2009
Mr.Rom Sarno
ChiefofAdministrative Services
Otay WaterDistrict
2554 Sweetwater Springs Blvd.
Spring Valley,CA 91977
Re:Fire Hydrant Break -Rancho Oaks Lane
DearMr.Sarno:
On August 17,2009 an accident,involving an Otay Water District's fire hydrant
becoming severed,resulted in damage to ourproperty in the amount of$15,000.San
Miguel Fire Departmentmade several unsuccessful attempts to locate the shut-offvalve
ofthe fire hydrant.Our sons and neighbors tried to divelt the water :fl.·om flowing onto
our road and bridge by using large construction scaffolding boards;but this proved futile.
When the Otay Water District employee arrived,he also was unable to locate the shut-off
valve and the water flowed for 35 minutes until the valve was located.Due to the failure
ofOtay Water in locating the valve in a timely manner,lead to increased damage to our
propelty,which was a foreseeable consequence,ofcontinuous flooding,due to the
hydrant flooding our road.
Otay Water has a duty to identify the valve and tum offthe water within a reasonable
length oftime.Since this didnot occur,we feel it is the responsibility ofOtay Water to
cover the damage to our property as described in the attached estimate.
We await a quick resolution to this claim.Thank you.
Sincerely,
Attachment
Cc:Marinel McCormick,Otay Water Distlict
Of),'2..J:2009 22:21 FAX 16105808113 A~IERrCAN Ale [€I 002
PROPOSAL/CONTRACTAMERICANASPHALfANDCONCRETE,INC.
9011 MEMORY LANE
SPRING VALLEY,CA 91977-2152
Ph.(619)589-8112 *Fax.(619)689-8113
CA Llcense No.688323
DATE ESTIMATE
No.
NAME/ADDRESS PROJEOT
DESCRIPTION TOTAL
PH I 6i9·900.6DSS
PHONE NUMBERS
OTAYWATERDlSlRlCT
AMERICAN
Asphalt &Concrete,Inc.
PC
REP.TERMS
GARY TIMM
3133 RANCHO OAKS LANE
SPRlNGvAl-LBY,CA.91917
ON09-18·09 AN INSPECTION WAS REQUESTED TO I\DDRESS THE ROAD REPAIR.'l •APPARENTLY
CAUSED BYABRQKENWATER fFlREHYDRANTBELONOlNO TO TIffiOTAY WATERDISTIUr:r,
DAMAGE WAS DUE1'0AN'OUT·Of·CONTROL AUTO.THE FLOOD CONDmONS REPOR1EDLY
LASTllO 1'01\Al>PROX3S MINOl'ES.THIS SERIOUSLY UNDERMINED SEVERAL AREAS OF l'HB ROAD
NE.All.ACONCllTE SRlI)(}E TRATCROSSES ASTREAM ONmEPROPERlY.AJlTERCAREFuu.."{
CONSIDERING nm REPAIR WORKNBEDED AS A RESULT OF THE FLOOD;
rP!UiSENT THE FOllOWINGRECOMMENDATIONS:
I.SAWCUTASPHALT ALONG THENORTIlEAST EOOEOFTHE BRIDOB·FOR ADISTANCE OF
APJ'ROX 30Fr,•ALSO ACROSS n,tEENTIREWID1H OUT 8'FROM:TIiENOR1l'lEND OF
THEBRIOOE.
2 SAW CUT ANOI'HER.SECTION PROCl!IWlNG FitoMTtmSOUTH IWESTSIDE SO'X 4'I)JJD~
3.BXCAVATE BOlli THS$E AR.6A9 TO AO.ePTH OFAl'P.R.ox.4',mSPOSl;l ot'f,(XCfSS ~nlON srrn,
4.FlU..THBSE AMAS .a~lMPORTD'IG CI2 IwmMAo1eRlAL COMPACTlNGIN ~YElUi TO Ajj'ro
AALATrw.OliNSiTY.
5.pULL EAODED EM'fH UP FROM 1'HE swns oyms EM'SANlOrttNTS to ESTABLISHAND R,EPAm,
SLOPES.(READY fOR SLOPE S,ASlUZATION PNJRIC AND HYDRO SE1;!PING)
6.PAYE TIIEREPAlRED AREAS ONnmROADBED TOA DBPTHOF 4"AF~SJ'RAYINGWIrn
~lClJ)1!.
11J.A.NK YOV .fOR TIllS OPPORTUN11Y TO BID YOUR PROJECT.TOTAL
o TO BE MEASURED ON COMPLETION AND INVOICED AT UNIT PRICES
o Nol responsiblll lor reflective cracking thru overlays &skin pa10hing
o Not respCll'lsible lor weed growth from adjaoent propertyoCrackfillingdoesnotimplycraokrepair.o Not respon5ible for pre-e;dstlng subgrlloe.
AMERICAN ASPHALT AND CONCRETE,INC.
o NQt responsible for pre-existing engineering with respect to drainage.o Not responsible for blick-fill and compaction or baok"fill installed by olhers_o Engln6ering,testing.Inspection aM petmll feee not iooludlld.
oNot IllspooBible lor underground utUlties in !trBaS to be nlmovlld.
By:
PErnCAlLAWAY
CUSTOMER ACCEPrANCE
lJWe accept the within propoliQI and agree to pay tl1e 5llid amDunt In accordance with the terms set forth.All or the tl;lrms and
definitIons on ttll'renr13e side.ne incorporated ~reln and made t\!=la"hC)reot.
Company:Date:,~~_
Page 1 CusiomerCustomerSignature:P.O.#_
White;Contractor's Copy'"Yellow:Customer's Oopy *Pink:Office Copy *Blue:Log Copy
09 /2.1/2009 22:22 FAX 16Hl5898113 AMERICAN A/e 141003
PROPOSAL/CONTRACTAMERICANAS'PHALr AND CONCRETE,lNC.
9011 MEMORY LANE
SPRING VALLEY,CA 91977-2152
Ph.(619)589-8112 ..Fax.(619)589~8113
CA License No.688323
DATE ESTIMATE
No.
NAME/ADDRESS PROJECT
DESCRIPTION
PH I619·990-608S
TOTAL
PHONE NUMBERS
OTAY WATER.DISTRiCt
AMERICAN
Asphalt &.Concrete,Inc.
REP.TERMS
GARYTlMM
313.3 RANCHO OAKS LANE
SPRING VAlLEY,CA.91977
7.REPLACE"T"ffflAC.BERMAJ,.ONO1HEEDGE OF THE ROAD THAT WAS DESTIl0Yl!D BY l1i1!l'LOOD.
Al'I'ROX.80 I,N.H.
15,000.00
TIfANK YOU"FOR nns OPPORTONfJYTO BID YOUR PROJECT.TOTAL$I5,000.00
o TO BE MEASURED ON COMPLETION AND INVOICED AT UNIT PRICES
o Not responsIble fOt relll'lctive cracking thru overlays &skin patchingoNOIresponsibleforweedgrowthfromadjacentpropanyoCra.ck Irlllflil docs no!implycrack repair.o Not responsible fOr pre-exisling 8ubgrade.
AMERICAN ASPHALT AND CONCRETEt XNC.
o NOI reepOfJsible for pre-existing 8nginaering with re&pacl 10 drainage.o Not responsible for back·lill and compactlon or back-fill installed by others.
o Enllineerintl,tesling.inspection and parmllfee&nOllooluded,o Not responsible lor vnOlIrgroond utilitiQjj In arl;lal1 to be removed,
By:
PEU CALLAWAY
CUSTOMER ACCEPTANCE
l!We accept the within proposal and agroo to ~y the saId amount In acoordance With theterms "tforth.All 01 theterms and
C!efinltlon6 on the reverse sIde are Incorporated ilerain and made a part hereof.
Company:Date:_
Page 2 CustomerCustomerSignature:P.O.#~_
White;Contractor's Copy *Yellow:Customer'$Copy *Pink:Offlce Copy *Blue:Log Copy
TIMM CLAIM
GC#3902
.,
3133 RANCHO OAKS LANE
SPRING VALLEY,CA 91978
3133 RANCHO OAKS LANE
SPRING VALLEY,CA 91978
3133 RANCHO OAKS LANE
SPRING VALLEY,CA 91978
TIMM CLAIM
GCI3902
ATTACHMENT C
r ::IiIA ~i;:VI-"W'LtI'"UKNIA
"TRAFFIC COLLISION REPORT
CHP 656 CARS PAGE 1 (REV 11-06)OPI 066 PAGE"1 OF \0
SPECIAL CONDITIOI4 NU_HIT&ItUN CITY......D '~I.nI UNINC
NUflllllllKl.LE HIT&RUN COUNTY ~MIIOIMI!ANaR
0 [!J SAN DIEGO
JUDlCIA~DI8TRICT
EL CAJONSUPERIOR
REPORTING DISTRICT BEAT
2
DAYOF WEEK ITOWAWAY
MONDAY :ILl YES 0 NO
NCIC •IOFFICER1.0,
9680 017621
PItOTOORAPIIS BY:~NONE
VlAR TIME114011
1644
Mo DAY
08/1712009
CO~USION OCCURRED ON'
02:_SR-94 (12700 BLOCK)
Mll.EPOSTINFORMATION;IGPS COORDINATES
!:G:LATITUDE LONGITUDE§h,O"""A-T-IN-n-R-a-.C-TlO-N-WlTH--'-------------II-.---------------rS-T-A-TE-H-WV-R-llL---f
iIXlOR'.3 MILE(S)WEST OF STEELE CANYON RD I[]I Via D NO
PARTY DRIVER'aUCENBENUMBER IITATE ICLASa AIR BAG SAFETYEQUIP.VEH,Y!AR MAKE/MODEL/COLOR
EI752391 CA C M G 02 TOYT CELICA SIL
UCENSENUMBER
4YDA005
STATE
CA
CA 91935
DRIVEl!NAMEIFI"'T,MIDDLll,LASTjrx1NEIMANSALEMSOMO OWNER..NAME 0 SAMEloB DRIVER
I-P-JE""D"'UY.f-a-TR-E-E-TADDII--E-SS-----------------------t SALEM SOMO
TRn 13952 OLIVE VISTA DR.I-:OWN;l;·"·;::I!Il;::";-:AD:;;;D;;;:R~En::--~FX"'.ra-_-Al-IlII';"'W-E"-·-------------1
~~cJITYAM/lTUALTE/21Pn DIIPOalT1ON01'VIIIICLION OIlDEIII OF:I X OPPlCEII IIDIIWEII r lOTHER
MCJMX
VEHICLEIDENTIFICATIONNllM8I11:
CA~·T TCP/PIC
:.VE_H1_C~_TYPE IR_DE_S_~:R~:;~-C8iJPOUeYNUMBER
CITE1114028KK
ISP£EDUMIT
55
INSURANCIICAMIElI
NONE
0111 OF TRAVE'ON STREEtDR HIGHWAY
W ISR·9.
g~aEX IHAIII IEYEa HEJQl\T WEIGHT Mo BIRT:"~TII YIIAIIIIIWACI SPRING VALLEY AUTO BODY·(61J)463-2285"
1-J1,--1L.jf-.....;.M_.J-B_RN_...;_--I~B_L_U_.J-5_._10__+-1-4-5-"""""-03-1-1-91-1-99-2-_-_'Il-o_-t PIllOftMeCH.DEFECTS UtIoNII loP'.U REFER TONARRATIVE
oTHER HOMEPHONE BUSINESSPHONEn(619)825-9320 (619)957-7403
PARTY
2
DRIvER..UCllNIIiNUMBER IITATI AIRBAG SAFElY EGlUII'.IlEH.YlAR MAKE /MODEL/COLOR UCENIE NUMBER STATE
DRlliER NA_IIIIT,M1iloLl.LAS1'ln
DIllOFTIIA1 ONSTREIT011HIGHWAY ISPEEDLIMIT CA ooT d
CAL·T TeP","MClMX l'I"b
rlllEFER TO NARRATIVE
DOFPlCEII DDRlYEII DOTHER
oSAMEAIOIlWEIl
U IIAMI!AIDIIWEII
OESCRIIIVEHICLE DAMAOi!SHADEINDAMAGEDAREA
IR:R=R:L~~VERI
VEHICLETYP.
OWNER'aADIlRE"
PIlIO"MECHANlCA~DEFICTS
VEHiCLEIDENTIFIcATIONNUMBIIll
IEVIl H!IClHT WIlGHT BIRTHDATE YIIAIIIRACEMODAY
BUSINESSPHONE
.~POUCY NUMBER
CITY/aTATE/ZIP
STREITADDRESS
HOMll_
lEX
INSURANCI CARRIIIR
OTHEII
n
~=vI C
~B
I~
PARTY
3
VEH,VIAll MAKE/MODIL/COLOR LICENSEfUMIlER ITATE
I-
r lREFER TOHARRATIVE
MQIMX
U OffiCER W1;IVER
DSAME AS DRIVEIl
OSAMEAIDRIVER
I
VEHICLE TYP!
PRIORMECHANCIALDEFECTS
DISPOSITIONOFVEHICLEON ORDERS OF'
VEHIC~E IDENTIFICATIONNUMBER:
CA ooT -t
CAL.T TCI!II!Jll
YEAIII ~CE
ISPEEDUMlt
POLIc:nlUMlfERINSURANCECAIIRIEII
DIR OF TRAVII1 ON STREET011 HIGHWAY
BlCY·SEX IHAIR lEVEl HEIGHT WEIGHT !:::.II~TEc~M 0 U8BP
I I OSDSO
OTHER HOM!PHONE BUSINEIIPHON IU
DRIVER HAMEIFIRST.MIDDLE,LAST)"'b,.!D~-I-_--.._-_-_---------1~~Iq3I;wDr"M:y.qh__I_-~OWNER"NAME
PEDEI·STIlBET ADOIIE..i)l::;•.nJ'o"TR~i'U CORD.~I I O.D.A.-'Ill ,
C~CITY/STATE/ZIP 0 JUV:
'·1 0 11.0.•
PIIEPARER'S NAME
JONATHAN M PECK 011621
DtIPATCHNOTIFIED
[XIYES n NO n NlA
PAGE Of lo
STATe'Of CALifORNIA
TRAFF,IC COLLISION CODING
CHP 555 CARS PAGE2 (REV 1106)OPI 065-"2
I~ATE OFCOLLISION(MO.DAY YEAR)ITIME(2400)INCICI I,OfFICER1.0.NUMBER
108/17/2009 1644 9680 017611 09 -0 8.-015 R
OWNER "IOWMlRADDRESS2554SweETWATER SPRINGS BLVD.I NOTIFIED
PROPERn JEFFGOIN (Q;rAVWATER DISTRICT)SPRING VALLEY,CA 81877 li1YesDNo
DAMAGE DeSCRIPTIONOfDAMAGE
DAMAGED PROTECTION POLE AND FIRE HYDRANT
SEATING POSInON SAFETY EQUIPMENT INATTENTION CODES
OCCUPANTS L •AIR BAGDEPLOYI!D MlC BICYCLl •HeLMET...A •NONEIN VEHICLE M•AIR BAGNOTDEPLOYED DRIVER PASSENGER A 'CELLPHONE HANDHeLD
B.UNKNOWN N ·OTHER V·NO X·NO B·CELLPHONE HANDSFREE
C ,LAP BELTUSED P •NOT REQUIRED W·VES Y·YES C•ELECTRONIC EQUIPMENT
D·RADIOI CD1 2 3 1·DRIVER D •LAP BIILTNOT USED e·SMOKING
aTO 8•PASSENGERS E·SHOULDeR HARNI!SSUSED CHILD RESTRAINT EJECTeDFROM VEHICL,£F·EATING4 5 6 P•SHOULDER HARNESS NOTUSED7 •STA.WOO REAR Q·IN VEHICLE USED o•NOT EJECTED G·CHILDRENo •LAPISHOULDER HARNl!SSUSED••RR.OCC TRK.ORVAN H •LAPlSttOuLDeR HARNESS NOT USED R-INVEHICLE NOT useD 1•FULLY EJecTED H•ANIMALS
t.POSITION UNKNOWN J •PASSIVE RESTRAINT USED S·INVEHICLE use UNKNOWN a•PARTIALLY EJECTED I·PERSONALHYGIIINE7O·OTHER K•PASSIVe RESTRAINTNOTUSED T·INVEHICLE IMPROPER USE 3·UNKNOWN J.REAlllNG
U •NONE INVI!HICLE K·OTHeR
ITEMS MARKED BELOW FOLLOweD BY AN ASTERISK .*)SHOULD BE EXPLAINED IN THE NARRATIVE!.
PRIMARY COLUSION FACTOR TRAFFIC CONTROL DeVICes 1 Z J SPECIAL INFORMATION 1 2 J MOVEMENTPRECEDING
LIST NUMIlI!R (IIOF "ARTYAT fAULT COLUSlON
1 YO SECTIONVIOLATeD:CITEiiliE~IX A CONTROLS FUNCTIONING A H~RDOUS MATERIAL A STOPPED
A 22107 NO a CONTROLS NOTFUNCTIONING'a ceLLPHONEHANDHIlLD INUSE a PROCEEDING STRAIGHT
a OTHeRIMPAOP.ADlWiNO'C CONTROLSOBSCUReD C CELL PHONEHANDSFREE IN USE C RAN OFF ROAD
D NOCONTROLSPRESENT I FACTOR'"y D CELL PADNINOtIN USII D MAKING RIGHT TURN
C OTHER THAN DRIVER'TYPE OFCOLUSlON E SCHOOLBUS RELATED E MAKING U!FTTURN
D UNKNOWN'A HI!AD-ON F 75 FTMOTOItTRUCK COMBO F MAlCING UTURN
ISSIDUWlPE G ~FTTliAlUlRCOMBO o SACKING
C·RI!AR END H H SLOWING I STOPPING
WEATHER {MARK 1TO alTEMSI D.BROAD$JD1l I I PASSING OTHERVEHicLe
y A CLEAR y !HIT OIlJECT J J CHANGING LANES
B CLOUDY F OVIRTURNED K K PARKING MANEUVER
C RAINING G VEHiCLE IPEDESTRIAN L L ENTERING TRAfFIC
j)SNClWINO H OTHER':M ~y M OTHIlR UNSAFETURNING
E FOOI VlSlillUTY FT.N N XINGINTOOPPOSING LANE
F OTHER:'MOTOR VEHICLII iNVOLVED WItH 0 o PARKED
o WIND A NON·COl.I,J8ION P P MERGING
UGHTING B PIlDESTRIAN Q Q TRAVEUNIO WRONG WAY
X A DAYUGHT C OTHERMOTOR VEHICLE 1 2 J OTHERASS~TEDFACTORS ROTHER':
iI DUSK·DAWN D MOTORVEHK:LEoNOTHER ROADWAY {MARK 1TO ZITEMSI
C DARK·STREIT UGHTS E PARKED MOTOR veHICLE A vcIICTION¥IOL.ATE'O:C1T1DEj:1
D DARK·NO lil'REETUGHTS F TRAIN
i E DARK·STREET LIGHTS NOT G BICYCLE ".a va IICTK)HVlDlATeD:ClTeo -:FUNCTIONING'Ii ANIMAL:SOllRIETY •DRUG
ROADWAY SURFACE va HCTlONVlDtATID:CIT..,_vas 1 Z J PHYSICALC{MARK 1TO ZITEMSIIXADRYXIFiXeDOBJECT:NO
IS WIT PROTECTION POLE D "X A.HAl)NOT SEEN DRINKING
C SNOWY.ICY J OTHEROBJECT:E VISION OBSCUREMENT:8 HIiID -UNIIER INFLUENCE
D SLIPPI!RY (MUDDY.CllLY,IltC.1 F INATTENT\ON":CHilO·NOT UNDER INFLueNCE'
ROADWAYCONDlTIONlSI o STOP&GO TRAFFIC o HilO,IMPAIRMIINT UNKNOWN'
(MARK 1TOalTEMsl PEDlIlITRlAN'SACTIONS H ENTERING ILEAVINGRAMP e UNDeR DRUG INFLUINCE'
A HOLES,DEll'Rur X A NO pl!DOTRIANSINVOLVED I PREVIOUS COLLISION F IMPAIRMENT·PHYSICAL'
a LOOSI!MATEAIALONROADWAY'B CROSSING IN CROSSWALK J UNFAMILIARWItHROAD o IMPAIRMENT NOT KNOWN
C OBSTRUCTION ON ROADWAY'ATINTIRSECTION K DEFECTIVEVEH.EQUII'.:CITED H NOT APPLICABLE
j)coNStRUCtioN·RepAIR tONI!C CROSSING IN CROSSWALK·NOT BYES I SLI!EPY IFATIGUED
I A.OUCEOROADWAYWIDTH ATlNTERSECTION NO
F FLOODED'D CROSSING·NOT IN CROSSWALK L UNINVOLVIlD VEHIC~
G OTHeR':I!IN ROAD -INCLUDES SHOULDER 1")1 MotHER':'lJ -"~J'
x H NO IJNUSUALCONDITIONS F NOTINROAD I-N NONEAPPA~t
o Afil'ROACHING II.IlAVING SCHOOL BOS o RUNAWAY VEHICLE
SKE'TCH 0 MISCELLANEOUS
INilICA.TENORTH
~cc r-~(,..t -!t""'\.
PAGE '3 01'\0
STATE OFCALIFORNIA
INJUREO I WITNESSES I PASSENGERS
CHII'555 CARS PAGE 3lREV 1106)OPI 065-.
DATI!OF COLLISION(MO.DAY YEAR)TlME(2400)NCIC.OFFICER I.D.NUMBER
08/1712009 1644 9680 017621 (9-08-~15R
W1TNl!81 PASIENOER EXTENT OF INJURY('X'ONE)INJURED WAS ('X'ONe)PARTY I~AT AIR eAFETYAOEe~x EJECTEDONLYONLYHUM.ER POI.BAG !!QUIP.F"TAL IEVERI!OTHER VIII8L1!COMPlAINT DRIVER PMe.P~D.BICYCUeT OTHERINJURYINJURYINJURY01'PAIN
O·0 17 M 0 0 0
ljJ [iI 0 0 0 0 1 01 M G 0
NAMIID,O.B.IADDRESS TELEPHONE
PARTY III 13952 OLIVE VISTA DR.JAMUL CA 91935 (619)8%5.9320
(INJUREDONLYj TRANSPORTED BY:TAKI!NTO:
AMR412 SHARP MEMORIAL HOSPITAL,SAN DIEGO
DESCRIBEINJURIES:COMPLAINT OF BACK AND LEFT SIDE PAIN
TREATED ON SCENE BY SAN MIGUEL FIRE UNITS illS AND 1/2%n VICTIM OF VIOLENT CRIME NOTIFIED
O·0 0 01 0 0 0 0 0 D 0
NAMEI D.O.B.I ADDRESS TELEPHONE
(INJURED ONLYjTRANSPORTED BY:TAKEN TO:
DESCRIBE INJURIES:
n VICTIM OF VIOLENT CRIME NOTIFIED
O·0 I 0 01 0 0 0 0 0 0 0
NAMEID.O.B.I ADDRESS TELEPHONE
(INJUREDONLY)TRANSPORTED BY:TAKEN TO:
DESCRlBI!INJURIES:
D VICTIM OF VIOLENT CRIME NOTIFIED
O·0 I 0 01 0 I 0 0 0 0 0 D
NAMIID.O.B.IADDRESS TELEPHONE
(INJURED ONLY)TRANSI'ORTED BY:TAKEN TO:
DESCRIBIINJURIES:
D VICTIM OFVIOLENTCRIME NOTIFlEO
0#0 I 0 01 0 I 0 0 0 0 0 0
NAMEI D.O.B.IADDRESS TIiLEPHONE
(INJUREDONLY)TRANSPORTED BY:TAKIiNTO:
DISCRIIIIINJURIES:
n VICTIM OF VIOLENTCRIME NOTIFIED
0#0 I I 0 01 0 I 0 0 0 0 0 0
NAMIID.O.B.IADDRESS TELEPHONE
(INJURED ONLYj TRANSPORTEDBY:TAKEN TO:
DESCRlaE INJURIES:
n VICTIM 01'VlOLINTCRIME NOTIFIED
PREI'ARER'S NAME ILD.NUMBliR IMO.DAY YIARIREVIEWER'S NAMI!IMO.DAY YI!AR
JONATHAN MPECK 017621 08/1712009
StPile of California
NARRATIVE/SUPPLEMENTAL
DATI!OF INCIDENT/OCCURRENCE ITIME (24001 NCICNuMlSl:R IOFFIC7;~21 o19u~Eb 8- 01 5 f08-17-09 1644 9680
"X ONE OX-ONE TYPE SUPPLEMENTAL ('?("APPLICABLE)
iii Narrative iii Collision Report DBA update o Falal o Hit and run updateoSupplementaloOther:o Hazardous malerial o School Bus o Other:
CITY/COUNTY/JUDICIAL DISTICT REPORTING DISTRICT/BEAT ICITATIONNUMBER
LOCATION/SUBJECT STATE HIGHWAY RELATED
SR-94 elb west ofSteele Canyon Dr"IEl Yes 0 No
1
Sketch SR·94
W1E1
Not to
Scaler-eeT 12 ft.-t-10 ft.-t-12 ft.-fs ft·i
Rancho Oaks Ln.
Power pole #774398
Steele
Canyon Rd.
~
2
3
A E DATE
08-17-09
~tate of California
NARRATIVE/SUPPLEMENTAL pageS-
DATI!OF INCIDENT/OCCURReNCI!ITIME (2400)NCICNUMBl:R IOFFIC;~~21 bNUMBER
08-17-09 1644 9680 n _ng ...l\lIiR
"X'ONE "X'ONE TYPE SUPPLEMENTAL ("X'APPLICABLE)-..-v ....-V
IBJ Narrative IBJ Collision Report o BAupdate o Fatal o Hit and run updateoSupplementaloOther:o Hazardous material o School Bus o Other:
CITY/COUNTY/JUDICIAL DISTICT REPORTING DISTRICTIBEAT ICITATION NUMBER
LOCATION/SUBJECT STATE HIGHWAY RELATED
SR-94 e/b.west of Steele Canyon Dr.IBJ Yes 0 No
Not to
Scaler96r12ft.-t-10ft.i-12ft.-tSft·1
Factual
Diagram
4 Rancho Oaks Ln.
Power pole #774398
D.owned fire hydrant (Item #4)
Bent protection pote (Item #3)a--\~
Damaged paddle marker (Item #2)-----
Steele
SR·94
E1 W1
p.I!P RI!R'S NAME AND 1.0.NU BER
M.MATEO,17916
DATI!
08-17-09
DATE
State of California
NARRATIVE/SUPPLEMENTALDATEOFINCIDENT/OCCURRENCE ITIME (2400)NCIC NUMBER IOFFIC;~~21 I,NUMBER
08-17-09 1644 9680 nQ_ng ...n1~Q'X'ONE oX"ONE TYPE SUPPLEMENTAl ('X"APPLICABLe)-..'"""'"......
I!J Narrative I!J ·Colllsion Report o BAupdate o Fatal o Hit and run updateoSupplementaloOther:o Hazardous material o School Bus o Other:
CITY/COUNTY/JUDICIALDISTIOT __"""·<__,,~·~~~___c_<REPORTINGDISTRICT/BEAT ICITATION NUMBER
LOCATION/SUBJECT STATE HIGHWAYRELATED
SR-94 elb west ofSteele Canyon Dr.f8I Yes 0 No
1 PHYSICAL eVIDENCE LeGEND:
2 Measurements were obtained by roll-meter and vehicle odometer using power pole #774398 as a
3 reference.The telephone pole is located south of the roadway and approximately 0.3 miles west
4 of the west roadway edge prolongation of Steele Canyon Dr.
5
6 VEHICLE PQINTS OF REST
7
0.3 Miles
+(Feet)Dir.Reference Feet Dir.Reference
V·1 West roadway edge South roadway edge
RF -23 W of Steele Canyon Dr.52 S of SR-94
V-1 West roadway edge East Roadway Edge of
RR -17 W of Steele Canyon Dr.57 S Greenfield Dr.----
8
9 PHYSICAL §VIDENCE;DESCRIPTION
10
11
12
REVIEWER'S NAME DATE
p 7
0.3 Miles
+(Feet)Dir.Reference Feet Dir.Reference
West roadway edge South roadway edge
1A -160 W of Steele Canyon Dr.22 N of SR-94
West roadway edge South roadway edge
18 -112 W of Steele Canyon Dr.12 N of SR-94
West roadway edge South roadway edge
1C -55 W of Steele Canyon Dr.a S of SR-94
West roadway edge South roadway edge
10 -10 W of Steele Canyon Dr.39 S of SR-94
West roadway edge South roadway edge
2 -68 W of Steele Canyon Dr.11 S ofSR..94
West roadway edge South roadway edge
3 -23 W of Steele Canyon Dr.44 S of SR..94
West roadway edge South roadway edge
4 -21 W,of Steele Canyon Dr.46 S of SR-94
ageDATEOFINCIDENTIOCCURRENCEITIME(2400)NCICNUMBER IOFFIC;R7~21 LNUMBER
08-17-09 1644 9680 nQ no_n1r:::l!·X·ONE ·X·ONE TYPE SUPPLEMENTAL ("X"APPUCABLE)...vv v ....,....
l&l Narrative l&l Collision Report CJ BA update CJ Fatal D Hit and run update
D Supplemental D Other:D Hazardous material D School Bus D Other:
CITY/COUNTY/JUDICIALDISTICT REPORTING DISTRICT/BEAT ICITATioNNUMBER
LOCATION/SUBJECT STATE HIGHWAY RELATED
SR-94 elb west ofSteele Canyon Dr.00 Yes D No
State of California
NARRATIVE/SUPPLEMENTAL
I PHYSICAL EVIDENCE LOCATION
2
3
4
5
PR PARER'SNAME AND 1.0.NUMBER
M.MATEO,17916
STATE OF CALIFORNIA
NARRATIVE/SUPPLEMENTAL PAGE i'OF ('0
DATE OF INCIDENT TIME NCIC NUMBER OFFICER 1.0'9··NUMBER
-=0=8/:...;.17.:,.:./2=0=09=-.·~16::..:4:...;.4__---:::9=68=0;...._.~0.:..:17~62=...;1:....._0 -o..B..::JlJ 5 6
1 FACTS:
2 NOTIFICATION:I was dispatched to a call of a traffic collision with emergency personnel
3 responding at 1645 hours.I responded from SR·125 and Jamacha Rd.and arrived on scene at
4 1655 hours.All times,speeds and measurements in this investigation are approximate.
S Measurements were taken by roll meter and odometer pace except where otherwise indicated.
6
7 S~ENe:
8 This collision occurred on SR·94 within an unincorporated portion of San Diego County.At this
9 location SR·94 is composed of one westbound and one eastbound lane.The lanes are separated
10 by a two way left turn lane that is delineated by painted yellow lines.The roadway is bordered on
11 the north by a dirt shoulder and on the south by a dirt shoulder.To the south of the roadway there
12 is a fire hydrant which is surrounded by four protection poles.The roadway is controlled by a 55
13 MPH posted speed limit.There were no visual obstructions claimed or noted.
14
15PABTI§§:
16 Party #1 (Somo)was located at the collision scene.He was identified by his valid CA Driver
17 License and determined to be the driver of Vehicle #1 (Toyota)by his statement,the statement of
18 Deputy R.Gomez #2326 (Witness #1),his injuries,and vehicle damage.
19 Vehicle #1 IToyota)was located on its roof facing in a northeasterly direction on the dirt shoulder
20 to the south of SR·94,west of Steele Canyon Rd.V-1 sustained total rollover damage.
21
22 SIAT§MS~IS;
23 Pr,utv #1 (Somo)was interviewed at Sharp Memorial Hospital in San Diego.He related he was
24 driving V·1 westbound SR-94,west of Steele Canyon Rd.in the westbound lane at 55 MPH.He
25 was attempting to put a compact disk in his compact disk player.He accidentally dropped the
26 compact disk on the floor of his vehicle.He decided that in order to safely retrieve the compact
27 disk and place it into the compact disk player he would need to stop his vehicle on a side street.
28 He decided to make a left turn and pull into the next side street.He pulled into the center two way
PREPARED BY
JONATHAN M PECK
I,D.NUMBER
017621
DATI!
08/17/2009
DATE
STATE OF CALIFORNIA
NARRATIVE/SUPPLEMENTAL PAGE q OF lOT '"
1 left turn lane at approximately 55 MPH and may have pulled alongside or slightly passed the
2 vehicle that had been in front of him.He was about to make a left turn when he was surprised by
3 a vehicle coming toward him in the eastbound lane that he had previously not noticed.He applied
4 his vehicles emergency brake to avoid a collision with the vehicle in the eastbound lane and lost
5 control of the vehicle.The vehicle slid off the south side of the roadway and rolled over in the dirt
6 area.
7
8 Witness #1 (Reputv @om§z)was interviewed at the comsion scene.He related he was driving his
9 fully marked black and white San Diego County Sheriff's Patrol Yehicle eastbound SR-94,west of
10 Steele Canyon Rd.in the eastbound lane.He observed Y-1 driving in the center two way left turn
11 lane at approximately 55 MPH.He observed Y-1 pass one or two vehicles that were traveling at a
12 slower speed.Deputy Gomez activated his patrol vehicle's lights and siren and made a u-turn in
13 order to make an enforcement stop on Y-1 for the unsafe driving he observed.Just as he had
14 completed his u-turn he observed Y-1 making what appeared to be a left turn onto a side street.
15 As Deputy Gomez approached the location where he had seen V-1 leave the roadway he saw
16 water shooting into the sky and saw that Y-1 had collided with a fire hydrant.He arrived on scene
17 and detained the driver.
18
19 OPINIONS AND CONCLU§IO~S:
20 SUMMARY:The summary was based on statements and vehicle damage.
21 10-1 was driving Y-1 westbound SR-94,west of Steele Canyon Rd.in the westbound lane at
22 approximately 55 MPH.P-1 then entered the center two way left turn lane and passed slower
23 moving traffic.10-1 then applied V-1's emergency brake while turning slightly to the left and lost
24 controlofY-1,V-1 rotated in a counter clockwise direction across the eastbound lane and onto
25 the dirt shoulder.The right side of Y-1 struck the protection pole to the south of the roadway.V-1
26 then overturned and struck the fire hydrant to the south of the roadway.Following the impact V-1
27 came to rest on its roof facing in a northeasterly direction to the south of SR-94,west of Steele
28 Canyon Rd.
PR!PARib BY
JONATHAN M PECK
1.0.NUMBER
017621
DATE
08/17/2009
REVIEWER'S NAMe DATE
STATE OF CALIFORNIA
NARRATIVE/SUPPLEMENTAL
DATe OF INCIDENT TIME
08117/2009 1644
NCIC NUMBER
-9680
.}.'.
PAGE IDOF i'O
OFFICER 1.0.0 9·Nl,I.M».ER 01 5 6017621-U ~-.'
1 AREA OF IMPACT:The areas of impact were based on statements,and vehicle damage.
2 AOI #1 (V-1 vs.Pole)was located 0.3 miles west of the west roadway edge prolongation of Steele
3 Canyon Rd.,and 44 feet south of the south roadway edge of SR-94.
4
5 AOI #2 (V-1 vs.Fire Hydrant)was located 0.3 miles minus 21 feet west of the west roadway edge
6 prolongation of Steele Canyon Rd.,and 46 feet south of the south roadway edge of SR-94.
7
8 AOI #3 (V-1 vs.Ground)was located 0.3 miles minus 20 feet west of the west roadway edge
9 prolongation of Steele Canyon Rd.,and 55 feet south ofthe south roadway edge of SR-94.
10
11 CAUSe;The cause was based on statements and vehicle damage.
12 P..1 was driving V..1 and caused this collision by violating section 22107VC-no person shall turn a
13 vehicle from a direct course or move right or left upon a roadway until such movement can be
14 made with reasonable safety and then only after the giving of an appropriate signal in the manner
15 provided in this chapter in the event any other vehicle may be affected by the movement.
16
17 RECOMMENDATIONS:
18 None
19
20
21
22
23
PREPARED BY
JONATHAN M PECK
1.0.NUMBER
017621
DATE
08/17/2009
REVIEWER'S NAME DATE
...1)~t.~S_
2554SWEElWATERSPRINGSBOULEVAIlD,SPRINGVAlLEY.CAlIFORNIA9187&-2Oll8
TELEPHONI!:87Go2222,AflEllCODE819
September 03,2009
Attention Traffic Department
California Highway Patrol
1722 East Main Street
El Cajon,CA 92021
Subject:Obtain a copy ofthe below Police Report
I would like to obtain one copy ofthe below described police report.Following is the
information you require to obtain this report:
POlleE REPORT #:09-08-156
DATE OF INCIDENT:Monday,August 17,2009
TIME OF INCIDENT:5:00 pm
LOCATION OF INCIDENT:CAMPO RD
Please mail this report to the below address:
Mike Phillips
Otay Water District
2554 Sweetwater Springs Blvd.
Spring Valley,CA 91978
Ifyou have any questions please call me directly at (619)670-2231.Thank you.
Sincerely,_./l ,..M~Mike Phillips
Water Systems Operator,Crew Leader
Work Order #:09-02893
.••1)~Ilo~S_
2554 SWEETWATER SPRINGSBOULEVARD,SPRINGVAlLEY.CALIFORNIA&1&7"20116
'J..TelEPHONE:670.2222,AREA CODE6\9
A ention Traffic Department
California Highway Patrol
1722 East Main Street
EI Cajon,CA 92021
Subject:Obtain a copy ofthe below Police Report
I would like to obtain one copy ofthe below described police report.Following is the
infonnation you require to obtain this report:
POLICE REPORT #:9680
DATE OF INCIDENT:Monday,August 17,2009
TIME OF INCIDENT:5:00 pm
LOCATION OF INCIDENT:CAMPO RD
Please mail this report to the below address:
Greg Coss
Otay Water District
2554 Sweetwater Springs Blvd.
Spring Valley,CA 91978
Ifyou have any questions please call me directly at (619)670-2784.Thank you.
Sincerely,
Greg Coss
Water Systems Operator,Crew Leader
Work Order #:09-02893
AGENDA ITEM 5e
STAFF REPORT
aaOOO-DIV.NO.5
1d1000
November 4,2009MEETINGDATE:
W.O.lG.F.NO:
Regular Board
David Charles ~
Public Services Manager
Rod posa~~~t)
Chief,Engineering
Manny Magana~~
Assistant General CJnager,Engineering and Operations
Request to Approve Agreement with New Cingular Wireless PCS,
LLC,a Delaware Limited Liability Company for the
installation of a Communications Facility at the 832-1&2
Reservoir Site
SUBJECT:
APPROVED BY:
(Ass!.GM):
TYPE MEETING:
APPROVED BY:
(Chief)
SUBMITTED BY:
GENERAL MANAGER'S RECOMMENDATION:
That the Otay Water District (District)Board of Directors
(Board)authorizes the General Manager to execute an agreement
with New Cingular Wireless PCS,LLC,a Delaware Limited
Liability Company (New-Cingular)for the installation of a
communications facility at the 832-1&2 Reservoir Site (see
Exhibit A for project location).
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
To obtain Board approval authorizing the General Manager to
execute an agreement (see Attachment B)with New Cingular that
allows the installation of a communications facility at the 832-
1&2 Reservoir Site.The agreement will grant New Cingular the
right to use approximately 2Q4 square feet of leased area and
trench easements of right-of-way for access and power for the
communications facility.
ANALYSIS:
New Cingular will be the fifth cellular provider locating its
facilities on the 832-1&2 Reservoir Site.Currently,Verizon,
Sprint Nextel,Cricket,and T-Mobile are the other cellular
providers at this location.New Cingular is proposing to
construct,operate,and maintain an unmanned wireless
communications facility consisting of eleven (11)panel antennas
fayade mounted to the side of the existing 36-inch high steel
water tank and one microwave dish (for telephone connection)
fayade mounted to the side of the existing concrete water tank.
Four (4)ground-mounted BTS radio equipment cabinets shall be
enclosed in a 23'-8 H (L)x 8'-8H (W)X 8'(H)tan concrete block
enclosure to screen the equipment.The overall lease area shall
comprise approximately 214 square feet.The facility shall have
its own SDG&E electrical service/meter.
The District will receive copies of construction drawings,all
permits,and approvals by local regulatory agencies prior to
granting permission to start construction.Staff agrees with
the design concept for the proposed facility construction.
FISCAL IMPACT.~•~------~~
The District will receive $3,175 per month in rent effective
upon execution of the lease agreement for a period of five
years,subject to an annual inflation adjustment of 4 percent.
The tenant will have the option to extend the term for three
additional five-year periods.Two additional five-year
extensions may be granted at the District's discretion.At the
beginning of each extension term,the District may choose to
adjust the annual rent,effective the first year of each
extension term by 4 percent or the preceding five year average
of the San Diego Metropolitan CPI,whichever is higher.
An initial $7,000 payment toward the District's non-refundable
administrative fee has been paid to reimburse the District for
staff time to supervise and assist in conducting an
investigation of the proposed premises,site selection,
planning,and design,including legal expenses;this fee is
separate from rent.The remaining balance of $2,500 will be due
and payable upon execution of this agreement by both parties to
reimburse the District for administrative expenses and costs
related to District's supervision and assistance with
construction phases of the project.
LEGAL IMPACT:
The form of agreement has been reviewed by District counsel.
2
STRATEGIC GOAL:
This item is in line with the District1s strategic focus areas:
Community,Governance,and Financial Health.
Gen~ral Manager
P,\WORKING\CELLULAR LEASE FILE\Staff Reports\BD 11-04-09,Staff Report,New Cingular @ 832-12 Res,(DC-RP).doc
DTC/RP:j f
Attachments:Exhibit A
Attachment A
Attachment B
QA/QC
Name:
Approved:
IitLJ QA.,..J!
3
Date:10 -/5"-oct
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IMPERIAL
BEACH
CUYAMACA COLLEGE
~...PROJECTSITE
OTAY WATER DISTRICT
NEW CINGULAR WIRELESS PCS,LLC COMMUNICATIONS SITE
832-1 &2 RESERVOIRS
LOCA TION MAP
EXHIBIT A
ATTACHMENT A
,...........................................................................................................•..,.
Request to Approve Agreement with New Cingular Wireless
PCS,LLC,a Delaware Limited Liability Company for the
installation of a Communications Facility at the 832-1&2
SUBJECT/PROJECT:Reservoir Site
COMMITTEE ACTION:
The Finance,Administration and Communications Committee
reviewed this item at a meeting on October 19,2009 and the
following comments were made:
•The leas~agreement is for a five-year period at a monthly
rent of $3,175 and is subject to an annual inflation
adjustment of 4%.Cingular may extend the term of the lease
three additional five-year periods at the District's
discretion.
new Cingular
The facility
site.
This lease agreement is for the installation of a
wireless facility at the 832-1&2 Reservoir Site.
will utilize approximately 214 square feet of the
•
•Should Cingular wish to extend the lease agreement for another
five-year term,the District may choose to adjust the annual
rent,effective the first year of each extension,by 4%or the
preceding five year average of the San Diego Metropolitan CPI,
whichever is higher.The District may also decide to adjust
the monthly lease payment back to market if needed at that
time.
•Cingular has paid $7000 toward the District's non-refundable
administrative fee to reimburse the District for staff time to
supervise and assist in conducting an investigation of the
proposed reservoir premises.The remaining $2500 will be due
and payable upon execution of the lease agreement by both
parties for administrative expenses and District supervision
and assistance during the construction phase of the project.
Both fees are separate from rent.
•Cingular will acquire and pay for the power for their wireless
facility.
Y;\Board\CurBdPkg\ENGRPLAN\New Cingular Wireless PCS Agrmt 832-1&2 Attach A 11-4-09.doc
•Access to the site must be coordinated with District staff and
Cingular must also acquire permission from the Fish &Wildlife
Services for access to the reservoir site as they are the
underlying property owner to the access road.
•The agreement has been reviewed by General Counsel.
Following the discussion,the committee supported presentation
to the full board on the consent calendar.
SUBJECT/PROJECT:
aaOOO-
1d1000
ATTACHMENT B
Request to Approve Agreement with New Cingular Wireless
PCS,LLC,a Delaware Limited Liability Company for the
installation of a Communications Facility at the 832-1&2
Reservoir Site
See attached lease agreement.
AGREEMENT BETWEEN NEW CINGULAR
WIRELESS PCS,LLC,A DELAWARE LIMITED
LIABILITY COMPANY AND OTAY WATER
DISTRICT TO LOCATE A COMMUNICATIONS
FACILITY AT OTAY'S 832-1&2 RESERVOIR SITE
This Agreement ("Lease")is entered into and effective on the date specified in the
signature page (the "Commencement Date"),by and between the Otay Water District,a
municipal water district organized and operated pursuant to the Water Code Section 71000,et
seq.("Otay"),and New Cingu1ar Wireless PCS,LLC,a Delaware limited liability company
("Tenant").Any special terms or conditions agreed to by Otay and Tenant will be set forth on
Exhibit A.
A.Otay owns a site on which it has constructed water facilities known as the
"832-1&2 Reservoir Site,"as depicted on Attachment A to Exhibit B (the "Reservoir Site").
B.Tenant has requested Otay to allow it to locate a communications facility and
transmitting and receiving antennas at the Reservoir Site.
For good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged,Otay and Tenant agree as follows:
1.Premises.Otay owns the real property described in Attachment B to Exhibit B
(the "Property").Otay agrees to lease to Tenant,for the installation of an antenna and related
telecommunications equipment,approximately 214 square feet of real property within the
Property,as more particularly described on Attachment C to Exhibit B (the "Premises").A
depiction ofthe Property and the Premises is attached hereto as Attachment D to Exhibit B.
Lease for Telecommunication Facilities Page 1
2.Grant of Non-Exclusive Trench Easement(s).Otay has also agreed to grant a
temporary non-exclusive easement to Tenant for certain portions of the Property,as legally
described in Exhibit C to this Lease (the "Easement"),for the purpose of trenching and
installation of the necessary utilities to operate Tenant's equipment.It is expressly agreed that
any such Easement shall run concurrent with this Lease.Tenant agrees and understands that if
the Lease is terminated or ceases to exist for any reason,the Easement shall not have any force
or effect.Tenant agrees to return and maintain all portions of land subject to the Easement that
are disturbed in connection with the installation,connection,maintenance,repair,access or any
other Tenant activity,to their original condition at Tenant's sole cost and expense.
This easement shall be non-exclusive.Otay,or any other tenant of Otay may utilize the
easement area for similar purposes or for any other purpose which does not interfere with
Tenant's uses.Otay shall provide Tenant with advance notice of any intention to use the
temporary easement area by Otay or any current or future tenant of Otay.
3.Use of the Premises.The Premises may be used by Tenant only for the purpose
of installing,constructing,housing,operating,maintaining and repairing telecommunication
equipment,including appurtenant antennae and electronic equipment,as further described and
conditioned in this Agreement (collectively,the "Facilities"),for the lawful provision of
communication services.Tenant may not sublease or sublicense any use or space of the
Premises or the Facilities thereon except as otherwise provided in Paragraph 12,below.
4.Access.Otay shall provide access to Tenant,Tenant's employees,agents,
contractors and subcontractors to the Premises 24 hours a day,seven days a week,at no charge
to Tenant.Otay hereby grants to Tenant such rights of ingress and egress over the Property as
may be necessary and consistent with the authorized use of the Premises as outlined by Otay
Operations.Subject to Otay's reasonable rules,Otay shall permit Tenant's employees,agents,
Lease for Telecommunication Facilities Page 2
contractors,subcontractors and invitees to park vehicles on the Property as necessary and
consistent with the authorized use ofthe Premises.Otay shall,at its expense,maintain all access
roadways or driveways from the nearest public roadway to the Premises in a manner reasonably
sufficient to allow access.In addition,Tenant shall obtain such permits,licenses or easements,
from the owners of property adjoining the leased premises,as may be necessary for Tenant to
have access to and from the leased Premises and also for access to utilities.Tenant shall provide
copies ofthese documents to Otay prior to the start of construction.
5.Term.The term of this Lease shall be five (5)years (the "Initial Term"),
commencing on the Commencement Date.Tenant shall have the right to extend the term of the
Lease for three (3)additional terms of five (5)years each by giving Otay written notice of its
intention to do so at least 120 days prior to the date that the then current term would otherwise
end (each,an "Extension Term").In addition,Tenant may request,in writing,two additional
extensions of five (5)years each,which Otay may grant or deny at its sole discretion (each,an
"Additional Term"and together with the Initial Term and Extension Term,or individually,as the
context requires,the "Term").Each such request shall be made in writing no less than 120 days
prior to the expiration ofthe then current Extension Term or Additional Term,as applicable.
6.Administrative Fee.Tenant,prior to entering on Otay Property to conduct its
investigation ofthe Premises,shall provide Otay with a non-refundable administrative fee in the
amount of SEVEN THOUSAND DOLLARS AND NO CENTS ($7,000.00).This fee will
defray Otay's administrative expenses and costs related to the supervision and assistance for
entering on Otay Property to conduct investigation of the proposed Premises,site selection,
planning, and design,including legal expenses.
Additionally,upon final execution ofthe Agreement by both parties,Tenant shall provide
Otay with a non-refundable administrative fee in the amount of TWO THOUSAND FIVE
Lease for Telecommunication Facilities Page 3
HUNDRED DOLLARS AND NO CENTS ($2,500.00).This second administrative fee shall be
used to defray Otay's administrative expenses and costs related to Otay's supervision and
assistance with construction phases of the project.These administrative fees shall not be
considered rent or part ofthe rental installment.
7.Rent.Beginning on the Commencement Date,Tenant shall pay Otay as rent the
sum of $3,175 per month payable on the first day of each month in advance.If the
Commencement Date is other than the first day of the calendar month,the rate shall be prorated
for the first month ofthe Initial Term.
The rent shall be increased on each calendar anniversary of the Commencement
Date at a rate of fourpercent (4%)per annum.However,at the beginning of each Extension
Term or Additional Term,if any,Otay may,at its sole and absolute discretion,choose to adjust
the annual rent,effective on the first year of said Extension Term or Additional Term,by an
amount equal to the greater of:(i)four percent (4%);or (ii)the amount necessary to ensure that
the rent equals the amount it would have been if each annual increase during the previous Term
had been calculated based on the average percentage increases in the consumer price index
published by the United States Department of Labor,Bureau of Labor Statistics (1982-1984 =
100)(the "CPI")for "All Items -All Urban Consumers"for the San Diego Metropolitan
Statistical Area for the immediately preceding 5 year period.Ifthe publication of the Consumer
Price Index is discontinued,or if the Consumer Price Index is altered in some material manner,
including changing the name of the index,the geographic area covered,the consumers or
workers so included,or the base year,the Parties must use their reasonable best efforts to agree
on a substitute index or procedure that reasonably reflects and monitors consumer prices.After
such an adjustment,the rent shall increase at a rate of four percent (4%)per annum for the rest of
the applicable Extension Term or Additional Term,if any.Otay shall also have the discretion to
jIIIi.}
Lease for Telecommunication Facilities Page 4
adjust the base rent to then current market rent in the Additional Term if said market rent is
greater than the CPI increase provided for in the above formula.The "then current market rent"
shall be defined as the most recent rent transaction entered into by Otay with other similar
tenants for the same or similar purposes.
8.Environmental.Otay represents that to the best of its knowledge the Premises
have not been used for the generation,storage,treatment or disposal of hazardous materials other
than those materials normally used by Otay for the treatment of water and that there is no
hazardous waste on the Premises.Notwithstanding any other provision of this Lease,Tenant
relies upon the representations stated herein as a material inducement for entering into this
Lease.Tenant shall not bring any hazardous materials onto the Premises except for those
contained in its back-up power facilities (e.g.lead-acid batteries and diesel fuel)and properly
stored,reasonable quantities of common materials used in telecommunications operations (e.g.
cleaning solvents).Tenant shall handle,store and dispose of all hazardous materials it brings
onto the Premises in accordance with all federal,state and local laws and regulations ("Laws").
"Hazardous materials"means any substance,chemical,pollutant or waste that is presently
identified as hazardous,toxic or dangerous under any applicable federal,state or local law or
regulation and specifically includes,but is not limited to asbestos and asbestos containing
materials,polychlorinated biphenyl's (PCBs)and petroleum or other fuels (including crude oil or
any fraction or derivative thereof).
9.Installation and Maintenance of Facilities.Tenant is authorized to install,
maintain and operate on the Premises only the Facilities described and depicted on Attachment A
to Exhibit D;provided that all permits and zoning approvals shall have been obtained by Tenant.
a.Installation of the Facilities.Tenant's design and installation of all
portions of the Facilities shall be done according to plans approved by Otay,and such approval
Lease for Telecommunication Facilities Page 5
shall not be umeasonably withheld.The Tenant shall be responsible for painting its antennae
and/or equipment to match Otay's facility.Otay will provide Tenant with specifications
regarding paint type,color and application method to accomplish this requirement.
Painting/coating submittals shall be provided to Otay by the Tenant prior to receiving permission
to begin painting.Otay may specify a camouflage design if appropriate.These camouflage
designs may include but are not limited to palm trees,pine trees and flag poles.
b.Record Drawings.Within thirty (30)days after completion of the
Facilities,Tenant shall provide Otay with "record"drawings of Facilities showing and
identifying all the equipment and improvements installed on the Premises.Said drawings shall
be accompanied by a complete and detailed inventory of all equipment,personal property and
antennae located on the Premises and any such property of Tenant located in the Easement.No
property of Tenant other than such identified property shall be located on the Premises or the
Property at any time.
c.Alterations.Tenant shall not alter or change its facilities in a material
manner without the prior approval of Otay,such approval not to be umeasonably withheld.
"Material"refers to any physical change that could affect the building or its appearance or any
change that could disrupt Otay's workplace or communications.All of Tenant's construction
and installation work shall be performed at Tenant's sole cost and expense in a good and
workmanlike manner.Tenant shall have the right to remove all facilities it installs at its sole
expense on or before the expiration or termination ofthis Lease.
d.Improvements to Facilities /Additional Space.If,at any time during the
Term,Tenant requests permission from Otay to add improvements requiring construction to its
then existing Facilities,the then current Administrative Fees shall be payable to Otay for
reimbursement for staff time to process the new request,construction inspection and monitoring
Lease for Telecommunication Facilities Page 6
during construction.lfthe requested Tenant improvements include additional lease space,a new
lease agreement for the additional lease space must be executed prior to start ofconstruction and
Tenant shall pay the Administrative Fees then in effect,and shall comply with Otay's
requirements then in effect.The administrative fees for the additional lease space shall be in
addition to,and shall not replace the administrative fees for improvements requiring construction
to the Facilities.
e.Permits and Compliance with Applicable Laws.Prior to commencing any
construction or improvements,and from time to time,as applicable,Tenant agrees to obtain all
necessary approvals for its communications operations and for the Facilities and to operate and
maintain the same,at all times in accordance with all applicable laws,rules and regulations.
1.Prior to commencing construction,Tenant shall deliver to Otay
copies of all executed licenses,approvals and permits required by local,state or
federal agency in connection with the Facilities,which permits shall be attached
hereto as Attachment B to Exhibit D.
11.From time to time,as required by law or regulation in connection
with the normal operation of the Facilities or as needed due to improvements or
alterations to the same,Tenant shall provide Otay with copies ofupdated permits,
licenses and/or approvals.Tenant shall provide written evidence,satisfactory to
Otay of all FCC approvals and other governmental permits and approvals,
including but not limited to compliance with FCC Electromagnetic Radiation
Guidelines.
111.Otay agrees,at no expense to Otay,to cooperate with Tenant in
making application for and obtaining all licenses,permits and any and all
Lease for Telecommunication Facilities Page 7
necessary approvals that may be required for Tenant's intended use of the
Premises.
f.Utilities.Tenant shall be authorized to install utilities for the Premises and
the Facilities at Tenant's expense and to improve the present utilities on or near the Premises
(including,but not limited to the installation of an emergency back-up power)subject to Otay's
approval of the location,which approval shall not be umeasonably withheld.Tenant shall fully
and promptly pay for all utilities furnished to the Premises for the use,operation and
maintenance of Tenant's facilities.
g.Repair of Otay's Improvements.Any damage done to Otay's
improvement on the property during installation and/or during operations caused by Tenant or in
connection with installation operation shall be repaired or replaced immediately at Tenant's
expense and to Otay's reasonable satisfaction.In connection with the installation and operation
of the antennae facilities,Tenant shall not locate or attach any antennae or other equipment to
Otay's facilities without the prior written approval of Otay.Tenant shall pay all costs and
expenses in relation to maintaining the integrity of Otay's facilities in connection with Tenant's
installation and operation ofthe antennae facilities.
h.Maintenance and Repair.At all time during the Term,Tenant shall
maintain the Premises and the Facilities in a manner acceptable to Otay.Tenants use of its
facilities shall not interfere with Otay's operation ofits improvements.
1.Liens.Tenant shall not encumber or allow the Premises or the Property to
be encumbered in any manner other than as expressly authorized herein.
J.Security.Tenant recognizes and agrees that the Premises and the
Reservoir Site are a sensitive area.Tenant agrees to provide for the proper supervision of all
Tenant personnel assigned to enter and do work at the Premises.Tenant also agrees to,at its
Lease for Telecommunication Facilities Page 8
own cost and expense,comply with any and all security measures instituted by Otay from time to
time.
10.Maintenance and Repair of Otay's Improvements.At any time during the Term,
or while this Lease remains in effect,Otay may,at its option and upon written notice to Tenant,
remove or cause Tenant to remove all or any portion of its Facilities at Tenant's expense,in
order for Otay to paint,repair,or make replacements to its improvements on the Premises (the
"Maintenance Work"),as deemed necessary by Otay in its sole discretion.Tenant agrees to fully
cooperate with Otay's efforts in connection with any Maintenance Work,including removing
and re-installing any portion ofthe Facilities identified by Otay to be removed.
a.Temporary Facilities.During the course of the Maintenance Work,
Tenant may install temporary antennae,at Tenant's expense,on the leased Premises subject to
Otay's approval of the location.Once the Maintenance Work is completed by Otay,Tenant
agrees to promptly dismantle any temporary facilities and to relocate the facilities to their
original location or to any other location approved by Otay,as appropriate.All work related to
the removal of any portion of the Facilities,installation of temporary facilities,dismantling,
relocation to their original location and any related work,shall be done at Tenant's sole cost and
expense and in good and workmanlike manner.
b.Repair ofdamage.Tenant shall repair any damage caused by Tenant in
connection with the installation,maintenance,operation or removal of any temporary facilities or
the Facilities.
c.Otay's option to remove temporaryfacilities.Ifany temporary antennae is
not removed within thirty (30)days from the date the Maintenance Work is completed,Otay will
have the right to remove the temporary antennae and charge Tenant for such costs.
Lease for Telecommunication Facilities Page 9
d.Painting afthe Facilities.lfthe Maintenance Work includes the painting
of Otay's improvements,the Tenant shall be responsible for repainting its antennas and/or
equipment to match Otay's facility.Otay will provide specifications regarding paint type,color
and application method to the Tenant to accomplish this requirement. The Tenant will be
required to provide painting/coating submittals to Otay prior to receiving permission to begin
painting.
11.Co-Location.Tenant agrees that Otay may enter into leases with other
communication carriers,wireless communications carriers and other utilities for use of any
portion of the "Reservoir Site"as long as said leases do not result in umeasonable interference
with Tenant's use ofthe Premises.Tenant will reasonably cooperate with Otay's efforts in this
regard including,at Otay's request,the relocation of,or changes to,the Facilities;provided that
any alterations or relocation needed,at Otay's sole discretion,to accommodate the new lessee
shall be performed at the expense of Otay or the new lessee.
12.Subleasing/Encumbrance.Tenant may not sub-lease or sub-license or otherwise
encumber the Premises or any portion of the Facilities without Otay's prior written consent,
which may be granted or denied at Otay's sole discretion.Any sub-lease or other encumbrance
will require an amendment to this Lease and shall specify the terms and conditions for the sub-
lease or other encumbrance.
13.Condition of the Property at Expiration or Termination.Upon the expiration or
termination of this Lease as herein provided,Tenant shall surrender the Premises,and any
Easements granted by Otay in connection with this Lease,to Otay in good and broom-clean
condition,with all portions of the Facilities,including but not limited to equipment,supplies,
buried conduits,and structures removed along with subterranean foundations to a depth of three
feet below grade;or as otherwise agreed to by Otay in writing.
Lease for Telecommunication Facilities Page 10
14.Interference.Tenant shall not use,nor shall Tenant permit its agents or invitees to
use any portion of the Premises in a manner which interferes with Otay's use of the Reservoir
Site for it's intended purpose including communications facilities relating to Otay's operation
such as telemetrylradio communications or any other pre-existing communications facilities.
This would not apply to interference with a tenant of Otay whose use did not "pre-exist"this
lease;except as agreed to by Tenant in connection with the co-location of any subsequent
tenant's facilities.If Tenant's operation in any way interferes with Otay's telemetry/radio
facilities,Tenant will have five (5)business days to correct the problem after notice from Otay.
Tenant acknowledges that continuing interference will cause irreparable injury to Otay and,
therefore,Otay will have the right to terminate the Lease immediately upon notice to Tenant.
15.Taxes.During the term of this Lease,Tenant shall pay before delinquency all
taxes,assessments,license fees,and any other charge of any type whatsoever that are levied,
assessed,charged,or imposed on or against Tenant's personal property installed or located in or
on the leased premises and that become payable during the term ofthis Lease.
16.Termination.
(a)This Lease may be terminated by Tenant without further liability if:
(i)Tenant delivers to Otay 3D-day written notice at any time prior to the
Commencement Date,for any reason or no reason;
(ii)Tenant gives Otay six months notice when Tenant determines at any time
after the Commencement Date that any governmental or non-governmental license,permit,
consent,approval,easement or restriction waiver that is necessary to enable Tenant to install or
operate Tenant's facility cannot be obtained or renewed at reasonable expense or in reasonable
time period.
Lease for Telecommunication Facilities Page II
(iii)Tenant determines at any time after the Commencement Date that the
Premises are not appropriate or suitable for its operations for economic,environmental or
technological reasons,including without limitation,any ruling or directive of the FCC or other
governmental or regulatory agency,or problems with signal strength or interference not
encompassed by subsection (iv)below;provided that the right to terminate under this subsection
(iii)is exercisable only if Tenant pays Otay,as a termination fee,the lesser of twelve monthly
installments of annual rent or the balance ofthe rent due for the remaining term ofthis Lease;
(iv)Otay commits a default under this Lease and fails to cure such default
within a 30-day notice period,provided that if the period to diligently cure takes longer than 30
days and Otay commences to cure the default within the 30-day notice period,then Otay shall
have such additional time as shall be reasonably necessary to diligently effect a complete cure;
(v)The Premises are totally or partially destroyed by fire or other casualty so
as to hinder Tenant's normal operations and Otay does not provide to Tenant within ten (10)
days after the casualty occurs a suitable temporary relocation site for Tenant's facility pending
repair and restoration ofthe Premises.
(b)This Lease may be terminated by Otay without further liability if:
(i)Tenant commits a default under this Lease and fails to cure such default as
provided under paragraph 17,below.
17.Default.
a.Event ofDefault.The parties covenant and agree that a default or breach
of this Lease (an "Event of Default")shall occur and be deemed to exist if,after notice and
opportunity to cure as provided below:
(i)Tenant shall default in the payment of rent or other payments hereunder and
said default shall continue for ten (10)days after Otay provides written notice ofthe same;or
Lease for Telecommunication Facilities Page 12
(ii)Either party shall default in the performance or observance of any other
covenant or condition of this Lease to be performed or observed if such failure persists for a
period of thirty (30)days after the non-defaulting party provides written notice of the default to
the defaulting party.
b.Rights upon Default.Upon the occurrence of an Event of Default,in
addition to any other rights or remedies available to the non-defaulting party under any law,the
non-defaulting party shall have the right to terminate the Lease.
c.Cure Rights.An Event of Default shall not exist unless written notice has
been given in accordance with this Lease,and the defaulting party has had the opportunity to
cure as provided herein.The defaulting party shall cure the alleged default within the manner
provided herein;provided however,that if the nature of an alleged default is such that it can not
reasonably be cured within such thirty (30)day period,the defaulting party shall not be in breach
ofthis Lease if it commences a cure within such period,and thereafter diligently proceeds with
the actions necessary to complete such cure.
18.Destruction of Premises.If the Premises or the Facilities are destroyed or
damaged,Tenant may elect to terminate this Lease as of the date ofthe damage or destruction by
so notifying Otay no more than thirty (30)days following the date of damage or destruction,
provided Otay does not provide to Tenant,within ten (10)days after the casualty occurs,a
suitable temporary relocation site for Tenant's facility pending repair and restoration of the
Premises.
19.Condemnation.If the condemning authority takes all the Property or a portion
which in Tenant's opinion is sufficient to render the Premises unsuitable for Tenant's use,then
this Lease shall terminate as of the date when possession is delivered to the condemning
authority.In the event of any taking under the power of eminent domain,Tenant shall not be
Lease for Telecommunication Facilities Page 13
entitled to any portion of the award paid for the taking and Otay shall receive the full amount of
such award except as provided herein.Tenant hereby expressly waives any right or claim to any
portion of a condemnation award,except for relocation benefits and goodwill.All other
damages,whether awarded as compensation for diminution in value ofthe leasehold or to the fee
of the Premises,shall belong to Otay.
20.Insurance.Tenant shall maintain the following insurance:
a.Commercial general liability with limits of$5,000,000 per occurrence;
b.Automobile liability with the combined single limit of $1,000,000 per
accident;
c.Worker's compensation,as required by law;
d.Employer's liability with limits of$1 ,000,000 per occurrence.
Tenant shall name Otay as an additional insured on each ofthe aforementioned insurance
policies and the policies shall state that they are primary and that any policies Otay maintains
shall be noncontributory.Tenant shall provide Otay with written certificates of insurance
evidencing such coverage.Said policies shall expressly provide that the policies shall not be
canceled or altered without at least thirty (30)days prior written notice to Otay.Said policies
shall be with insurance companies with an A.M.Best rating of AVII or better.
Otay takes no responsibility for the protection of Tenant's property from acts of
vandalism by third parties.The insurance requirements may be changed by Otay upon giving of
notice to Tenant;provided that the requirements set forth above shall be the minimum insurance
requirements during the Term.
21.Indemnity.Tenant shall hold harmless,indemnify and defend Otay and each of
Otay's directors,officers,managers,employees,agents and successors and assigns,from any and
all claims,suits or actions of any kind and description brought forth on account of injuries to or
Lease for Telecommunication Facilities Page 14
death to any person or damage to any property,including damage to the Premises arising out of
or related to its use of the Premises,except to the extent that such claims,suits or actions arise
out of the sole negligence or willful misconduct ofOtay.
22.Estoppel Certificate.Tenant shall,at any time and from time to time upon not
less than thirty (30)days prior request by Otay,deliver to Otay a statement in writing certifying
that (a)the Lease is unmodified and in full force (or if there have been modifications,that the
Lease is in full force as modified and identifying the modifications;(b)the dates to which rent
and other charges have been paid;(c)as far as the person making the certificate knows,Otay is
or is not in default under any provisions of the Lease;and (d)such other matters as Otay may
reasonably request.
23.Assignment.Tenant shall not assign this Lease except to an affiliated parent
entity,subsidiary,purchaser of assets,or holder of its FCC license,without Otay's prior written
consent.If,during the term of this Lease,Tenant requests the written consent of Otay to any
assignment,Otay's consent thereto shall not umeasonably be withheld.Consent to one
assignment shall not be deemed to be a consent to any subsequent assignment,and any
subsequent assignment without Otay's consent shall be void and shall,at Otay's option,
terminate this Lease.
24.Memorandum of Lease.If requested by Tenant,Otay agrees to promptly execute
and deliver to Tenant a recordable Memorandum ofLease substantially in the form ofExhibit E.
25.Resolution of Disputes.All controversies or claims arising out of or relating to
this Lease shall be resolved by submission to final and binding arbitration at the offices of the
American Arbitration Association ("AAA")located in San Diego,California.Such arbitration
shall be conducted in accordance with the most recent version of the AAA commercial
arbitration rules.
Lease for Telecommunication Facilities Page 15
26.Choice ofLaw and Venue.This Lease shall be interpreted in accordance with the
laws of the State of California,and any disputes shall be heard in a court of competent
jurisdiction in the State ofCalifornia.
27.Attorney's Fees.In the event that either party commences any legal action or
proceeding,including an action for declaratory relief,against the other by reason of the alleged
failure of the other to perform or keep any term,covenant,or condition of this Lease,the party
prevailing in said action or proceeding shall be entitled to recover,in addition to court costs,
reasonable attorneys'fees to be fixed by the court,and such recovery shall include court costs
and attorneys'fees on appeal.
,
;1
28.Entire Agreement.This Lease contains all agreements,promIses and
understandings between Otay and Tenant and no verbal or oral agreements,promises or
understandings shall or will be binding upon either Otay or Tenant and any addition,variation or
modification to this Lease shall be in effect unless made in writing and signed by the parties
hereto.
29.Incorporation of Exhibits and Recitals.All exhibits and attachments attached to
this Lease and all Recitals above are incorporated and made a part hereof as if fully set forth
herein.
30.Severability.If any term or condition of this Agreement is found unenforceable,
the remaining terms and conditions will remain binding upon the parties as though said
unenforceable provISIOn were not contained herein.However,if the invalid,illegal or
unenforceable provISIOn materially affects this Agreement then the Agreement may be
terminated by either party on ten (l0)days prior written notice to the other party hereto.
31.Waiver.Waiver of any provision or term of this Agreement,or of any breach or
default hereunder,shall not constitute a waiver of any other term,condition,breach or default,or
Lease for Telecommunication Facilities Page 16
of a subsequent applicability of a term or condition,or a waiver of a subsequent breach or
default,nor shall it constitute an amendment to the term,condition or provision that is waived.
32.Notice.All notices,requests,demands and communications hereunder will be
given by first class certified or registered mail,return receipt requested,or by a nationally
recognized overnight courier,postage prepaid,to be effective when properly sent and received,
retained.Notices shall be sent to the addresses sent forth below:
refused or returned undelivered.Notices may be given by facsimile if proof of transmission is
OTAY:
TENANT:
Otay Water District
Attn:General Manager
2554 Sweetwater Springs Boulevard
Spring Valley,CA 91978-2096
Phone:(619)670-2210
Fax:(619)660-0829
New Cingular Wireless PCS,LLC
Attn:Network Real Estate Administration
Re:Cell Site #:SS0625
Cell Site Name:Otay Campo Water
Fixed Asset No:10068657
12555 Cingular Way,Suite 1300
Alpharetta,Georgia 30004
With a copy sent concurrently to Tenant's Legal Department:
Ifsent via certified or registered mail to:
New Cingular Wireless PCS,LLC
Attn.:Legal Department
Re:Cell Site #:SS0625
Cell Site Name:Otay Campo Water
Fixed Asset No:10068662
P.O.Box 97061
Redmond,WA 98073-9761
Lease for Telecommunication Facilities Page 17
If sent via nationally recognized overnight courier to:
New Cingular Wireless PCS,LLC
Attn.:Legal Department
Re:Cell Site #:SS0625
Cell Site Name:Otay Campo Water
Fixed Asset No:10068662
16331 NE 72nd Way
Redmond,WA 98052-7827
33.Corporate Authority.The persons executing this Agreement on behalf of the
parties hereto warrant that (i)such party is duly organized and existing,(ii)they are duly
authorized to execute and deliver this Agreement on behalf of said party,(iii)by so executing
this Agreement,such party is formally bound to the provisions of this Agreement,and (iv)the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound.
Lease for Telecommunication Facilities Page 18
IN WITNESS WHEREOF,the parties have executed this Lease as of the __day of
_____,20_This date is referred to as the Commencement Date in the Lease.
NEW CINGULAR WIRELESS PCS,LLC,
a Delaware limited liability company
By:AT&T Mobility Corporation,
Its:Manager
By:
Name:-------------
Its:
OTAYWATERDISTRICT
2554 Sweetwater Springs Blvd.
Spring Valley,CA 91979
By:
Name:__-----=-M~ar~k'-W-'-'--"'a=tt=o""'n _
Its:General Manager
APPROVED AS TO FORM:
Yuri Calderon,General Counsel
Date
Lease for Telecommunication Facilities Page 19
EXHIBIT A
SPECIAL TERMS AND CONDITIONS ADDED TO
AGREEMENT BETWEEN NEW CINGULAR WIRELESS
PCS,LLC AND OTAY TO LOCATE COMMUNICATION
FACILITIES AT OTAY'S 832-1&2 RESERVOIR SITE,
DATED (THE "LEASE")
If any tenns or conditions set forth herein contradict tenns or conditions of the
Lease to which this Exhibit is attached,as described above,the tenns and
conditions ofthis Exhibit shall control.
SPECIAL TERMS AND CONDITIONS
1.Landscaping and Maintenance.The installation,permitting,maintenance and upkeep,
and all expenses or other obligations related thereto,in connection with any and all landscaping
and irrigation systems mandated by the permitting agencies will be the sole responsibility ofthe
Tenant.Otay Water District makes no commitment for delivery of water for said landscaping,
except ifTenant obtains a water meter for the site and pays for water use.
2.Rent.At Tenant's election,subject to prior written notice as set forth in the Lease,
Tenant may pay rent annually,in advance during each of the five-years of the Initial Term or
during each of the five years in any Extension Term.Once the Initial Term or Extension Term,
as applicable,has commenced,Tenant may not alter its election to pay monthly or annually.
3.Tenant's Financing.Notwithstanding anything to the contrary contained in this Lease,
Tenant may assign,mortgage,pledge,hypothecate or otherwise transfer without prior notice or
consent its interest in this Lease to any financing entity,or agent on behalf of any financing
entity to whom Tenant (i)has obligations for borrowed money or in respect ofguaranties thereof,
(ii)has obligations evidenced by bonds,debentures,notes or similar instruments,or (iii)has
obligations under or with respect to letters of credit,bankers acceptances and similar facilities or
in respect of guaranties thereof;provided that no such assignment shall become binding on Otay
until written notification is given by Tenant to Otay as provided in the Lease.A "financing
entity"as used herein,does not include any entity which primary business is not that ofbanking,
finance,lending or investing funds and does not include any entity whose primary business is
telecommunications.
a.Waiver of Otay's Lien.With respect to any such financing entity,Otay waives
any lien rights it may have concerning the Facilities,which is deemed Tenant's
personal property and not fixtures attached to the Property and Tenant or,if
appropriate,the financing entity has the right to remove the same at any time
without Otay's consent.The financing entity shall not have the right to operate
the Facilities without Otay's prior written consent,which may be denied if the
financing entity does not meet the definition offinancing entity above.
Lease for Telecommunication Facilities Exhibit A -page 1
b.Collateral.Tenant may enter into a financing arrangement including promissory
notes and financial and security agreements for the financing of the Facilities
("Collateral")with a third party financing entity (and may in the future enter into
additional financing arrangements with other financing entities).In connection
therewith,Otay (i)consents to the installation of the Collateral;(ii)disclaims any
interest in the Collateral,as fixtures or otherwise;and (iii)agrees that the
Collateral shall be exempt from execution,foreclosure,sale,levy,attachment,or
distress for any Rent due or to become due and that such Collateral may be
removed at any time without recourse to legal proceedings.
c.Disposition of Collateral.Notwithstanding paragraphs a.and b.,above,if
Tenant fails to remove the Collateral,or any component thereof,within five (5)
days ofthe termination ofthis Lease,said failure shall constitute an abandonment.
Ifthereafter,Tenant or any holder ofCollateral,lender or assignee,whether or not
notification was provided to Otay,fails to claim and remove the same,within
thirty (30)calendar days of the date of termination of this Lease,Otay is hereby
specifically authorized to remove and dispose ofthe Collateral,or any component
thereof,so abandoned at Tenant's sole cost and expense and without incurring
any liability to Tenant,or any lender with any interest in all or any part of the
Collateral,or any assignee of this Lease.
d.No privity or obligation.Otay does not have privity with any financing entity
and specifically disclaims any obligation to any such entity,including any
obligation to provide copies of any notices of default or right to cure under the
Lease.
Lease for Telecommunication Facilities Exhibit A -page 2
EXHIBITB
TO AGREEMENT BETWEEN NEW CINGULAR
WIRELESS PCS,LLC AND OTAY TO LOCATE
COMMUNICATION FACILITIES AT OTAY'S 832-1&2
RESERVOIR SITE,DATED (THE
"LEASE")
List ofAttachments to Exhibit B:
ATTACHMENT A.DEPICTION OF RESERVOIR FACILITIES
ATTACMENT B.LEGAL DESCRIPTION OF THE PROPERTY
ATTACHMENT C.LEGAL DESCRIPTION OF THE PREMISES
ATTACHMENT D.DEPICTION OF THE PROPERTY AND PREMISES
Lease for Telecommunication Facilities Exhibit B -page 2
EXHIBITB
ATTACHMENT A
LOCATION MAP
...
~..,
--~~'-~
."~:'W"•~,.,~:JIc-,~~
\~~
I'<:
IMPERIAL
BEACH
c:ln.
~'~~------l__-I
--------r-
OT AY WA TER DISTRICT
NEW CINGULAR WIRELESS PCS,LLC SITE
832-1 &2 RESERVOIRS
Y-et~::LOCA TION MAP;;:.._--_......_-~-~~..-.I ...-~...~-~~...-------_..EXHIBIT B ATTACHMENT A
EXHIBITB
ATTACHMENT B
LEGAL DESCRIPTION OF THE PROPERTY
All that certain real property situated in the County of San Diego,State of
California,described as follows:
All that portion of Tract "F"of Rancho Jamacha,in the County of San Diego,
State of California,according to Partition Map thereof filed in the Office of the
County Recorder of San Diego County,in Case No.13,Superior Court,entitled
Wm.M.Keighler,et ai,vs.Mary H.Eddy,et ai,more particularly described as
follows:
Commencing at Corner NO.6 of Tract "E"of Rancho Jamacha,said corner being
the Northwest corner of Section 36,Township 16 South,Range 1 West,San
Bernardino Base and Meridian,as shown on Record of Survey Map No.6069,
filed in the Office of the County Recorder of San Diego County;
Thence along a line shown on said Record of Survey South 0°07'West 1313.45
feet;
Thence South 89°53'East 649.99 feet;
Thence South 20°11'East 293 feet;
Thence South 40°19'50"East 152.86 feet;
Thence South 22°47'15"East 775.15 feet;
Thence South 72°29'15"East 3791.98 feet to the true point of beginning of the
property herein described;
Thence North 3°43'21"West 110.09 feet;
Thence North 86°16'39"East 399 feet;
Thence South 3°43'21"East 408 feet;
Thence South 86°16'39"West 399 feet;
Thence North 3°43'21"West 297.91 feet to the true point of beginning.
Assessor's Parcel Number:506-021-06-00
EXHIBITB
ATTACHMENT C
LEGAL DESCRIPTION OF THE PREMISES
EXHIBrr
i\LL THAT'PORTjON or TRf\CT >IF"OF f~i'\t"-~CHO Jj\MAC~"I;\IH THE COUHT'{OF'SA.N D~EGO,STf\TE or"
Gt\UFCFtNl;\,ACCORDING TO pt\nTrnON N.L·\P THtJiEOF,FILED iN THe OFF'K~C OF THE COUNTY CLEfH(OF SAN
DiEGO COUNTY iH CASE ~XJ..13J SUP[F{lOP COUR~L E~STHlI[>WM.h'L }('t::JG1·,-jLER.ET AL~VS.M;,,"\R'r H.EDcrY~
ET A~,MOf~E PARTlCUlAHL\(DESCh~;BED ,&.,S FOLLOWS:
HCGjN1\~HG AT THE SOUTH'}iEST COHNEf<'Of-w THe LJ\ND CH/.NTEC TO UTl\'{tyrUNJC~PAL ;HAT£F<DiSTFdc~r IN 'j"H
DOCUME~>4T FECOHDCD ON ·.j;i\NtH\R'f 28~'1UG4-A~;INSTHU-}}[r{'Y'(·JC-.'iG5~:)(),OF OF:FIC·L'\L Fl~Ecor~DS OF SldD
COU(I"TY,}\S $}-·IOtffN 0>.;f'<CCOHf)Oi:~SUFtlE'{NO.6656,FILD l~\j \'HC OFT'iCE'OF THE CC)l...,lNT'{RFC()RDE.·.F~
elr S/l}.i Q~~~GO C:OUNT<0\\;',/l\RC\"~-;'1 JE;6 f\S F~LE ~·h),A.;:5·gE~;T';,'H::ncr:t".LONC THE SCtHHEt?L,Y L!j\~E -o~.:':
:'-t 35.54 FEET TO 'TH::
,. ,.:'T:THEhlCE,:;CUTH
;"i.;-'A;_~'~''l.J,,,,,
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SUR\rf~Y1NG Z{M/\PPlNC
:~-18a Air~VM.Y AVE,:SlJnF.i{··..l
COSTA MESi'.,CALlfORN~A
714 SS7·~1Sf)'!
?-~-<',:-,;:;''-;-..··1~\~;B
THiS JOC!JMEi'rr
Wi\S M.ADt~BY ~iir OFt UNDER MY SUP£H\iiS1Gf4,
SPHING VALLR'(,CA.D:!.lY?H
55-625---01
O'T'CAJ\:fPO WATli;P:
EXHIBIT ~'B"
(PROPOSED LEASE AREA)
S.W.CORNER
\
O.R 64-16550
1 __--(PO:NT OF BEGINNING)
IIV -----~i-/
/
SOUTHERLY U"JE .--J
G.R.64-16550
TRUE .E.OI"lT
OF BEGi"iNIt'lG
!~....,------.--~-l~__I
1 1 T.~!S-SU-E-D-FO-R-R-E\-#~E-VJ--+O-9/-/12-/-09!!CWV;
TRUE POINT OF"BEGINNING
CENTERUNE
T.P.O.B.
R't
12900 PARK PU2A DRfYt:
CERRrrOS,C,.l.,90703
DESCRIPTION DATE BY
4
SHEET
OF 7 SHEETS
DRAWN:9/12/09
BY:CWW -----_._._----
CHECKED:,);\/BH
,REV.#
.PREPARED BY:
I ~1Jl1tf;lJl1 ~~I AND ASSOCiATES
LAND SURVEYING &MAPPING
3'188 AIRIVAY AVE.,SUITE K-1
COSTA MESA,CALIFORNiA 92626
714 557-1567 OFFiCE
714 557-1568 FAX
a
LEGAL DESCRIPTION·EXHIBIT ipREPARED FOR:
88-625--01
GTAY CAMPO WATER
I
12118 CAMPO WATER ROft])
_SPRING VAl1EY,CA 91978
EXHIBITB
ATTACHMENT D
DEPICTION OF THE PROPERTY AND PREMISES
at&t
88-625-01
OTAY CAMPO WATER
12118 CAMPO ROAD
SPRING VALLEY,CA 91978
01DDNATO""sso<;I"TESA~CHITECTuRE*GRAPHICS
I 8 8 U I!:8 R E Y I ~I 0 /I B
OH e:eT I N PO At.I"rlOH
T01 1l1lLE SHEET
Z01 SITE PLAN
ZOl1 BMP PLAN
Z02 AREA PLAN
ZOG ELEVA1l0NS
Z04 ELEVA1l0NS
ZOS DETAILS
L01 LANDSCAPE PLAN
SHEET INDEX r::1l---------~
c~~mT?~pN~1 OIEOO
fXlSTHCflQORAAfA'<I'
f1Tfl:OITS$ci'RO""O
SPRING V""LLEY,CA SI978
~J2'~"Ol.6:1"1'1 fWllSBJ
-=IIO"5:1'{S.JJ"W w,olSOJ
fXlSTIHgrrpFofCQNSTR,rCDQf!""I'
DJ.IFDRHIA ELECTRIC'.\.CODE.2007 EDInON
CALIFORNIA flRt CODE,~OOT !;OITlON
~NES~~~C~~N~o~~~~C~R~~EL !.lOST
PRQlfCTQE5CRIPTION
A'I WQRK ~I-!All COblP!r ViII-J TrIP EO!'OW APP!CAR!(CODFS'
CALIFORNIA BUILQINC CODE,200T EDmON
C'.LlfORNIAPLUIAErINCCODE,2007EDITION
THE PROJECT CONSI5T5 OF mE INSTALLATION AND OPERATION OF (11)ELEVEN ANTENNAS11."10 ASSOClilTEO EOUIPI.\ENT o.BINETS FOR AT&eT WIRELESS TELECOMI.lUNICATIONS
NETWORK.
A TOTAL OF (Il)e:UVEN ANTENNAS ARE TO BE MOUNTEO ON AN EXISTING WATm TANK,
THE EQUI~MENT CABINETS,AT GROUND LEVEL,ARE TO sE LOCATED BErilND APROPOS<:O24'_8'~8'_S'~If_o"HICH cMU WALL WITH AN OIJTDooR EQUIPUENT RACK.
TkE FACIUTY WILL ENHANCE THE GENERAL HEALTI-I,SAFETY,AND WElfARE OF THE COUNTT"AND SURROUNDING CinES BY PROVIDING t./ORE RELlABLE CELLUlAR COt./f,lUNICATION ATn-IISLOCATION
NOTE,EXlsnNGc.o.RRIERS;T-IJOBILE,VERIZON,SPRINT,NmEL
PROJECT INFORMA1l0N IT]---'-'-::..:..:----'-'--'------3
FACILITY IS UNWlNilEOANO NOT FOR HUl.IAN HA9ITATION.WlRELESSTELEOOUUUNICAnoNSl.lE<;KANlc.oJ..EOUIPI.(ENT ROOf,lS ME E~EMPT FROlo!REOUmEIlENTS TO PROVlOE BUILOINC UPGRAOtS rOR OISAEILED ""CCESS PER THEFOLLOWING:
~;gl~~~~~~:IL~I~~~CO~cg~~~~ET~E w.NUAL
g2gW~ZlWfldWWER'
~:~f~~:r;i~~~'
A;£/WfR~iBt.tNr.
6925 LUSK BLVDSANOIEGD,CA 9212\
~(5~:;2:::BESENWYE'
650,C~2.9+4SPHONE
CONTACTS ,-;:)l----'-'--------~
DRIVING OIREcnONS mOM AT&T WIRELESS OFFICE:
_TN<EBOSSQUTH
Y1CINITY MAP ~N--1
>J..LTH.I.TPORflONOFTAACT"F"OFRANCHO.lAl.lACHAINTHECOUHl'(OF SAN OIECO,STATE OF CAUFORNLA,ACCOROINC TO~.<RlITION U,o,?THEREOF,FIELD IN THE OFf'lcE OF THE COUNTYCLtRKOFSANOIECOCOUNT!'INCASEIIO.IJ,SUPERIOR~fU:IT,ENrlTLEO WU,U,KOCHLER,.t,01.,\1$WR'r'H,EOO'l",
rHO),/AS BROTHER'S UAP jI272-A7
PLANNINGREPRESENTATI'JE
AT,uREPREsENrATrvE T01
TTTtE PAGE.
LEGAL DESCRIPnON---------[]]SPECIAL INSPEC1l0NS Q---------~ADA COMPLIANCE I-7l----------L2J APPROVALS IQl---------~
SS-625--ot
I'R 0 J e c T 101 ...l.I E
laeuea REVIBloNS
eHEeT INPORIolJ,.'rION
~---------i~!!,,
i!!I~
,--j--EXI51ING WAT£R TANK
,----L_EXIS11NG .....TENNAS (I OFIS)BYOTH(RS
,---'-~~~INCCABLE TAAY AT
SBS'16'J~'W---000-.00 -
S6S1S'J9"W~.
........
D:151INC M(TE:NfU"(I Of'lS)El"lj0THERS
EXISTINC'O'CCESSROUTE----'-----"
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o flSER ROLLS 0 CRAm--a.o.a...SElU'
o STREET SWEEPING AND V"'CUUMINC rEf SANOaAC 6IJl~ER""""""",o STORr.!DRAIN INlET PROTtCnON 0'!.lAn;R""L OWVE:R1'ANO STOMot:..,.s'srocKPILE r..lAl>IA!:(l.(ENT 0 SPILLPRE\lENTION AND COfITROL ....s'saUD W.o.5TE l<ANACEMENT 0'CONCRETE WASTE l.I)J.IAG(I.lENT
0'STA8IUZro CONSTRUcnON ENTRANCE/om 0 WATER CONsERV...nON PAACTICES
o OIO'i/ATERINGOpnONS 0 P"WICANO CRINGING OPERATIONSoVEHICI.EANOe:OUIPl,(ENTIMlNTENANCEomflJlNORSLOPESCRE:t.TEo INOIDEN'AI.TO CONSfflUCI10N MJO Nor SUBJECr TO ...Iol,l,JOR OR I.lINeR CAADINCPERMITSHALI"BEPROTECTE:OIffCOVERINCWI'f'HPL./.S11CORTAAPPRIORTOARfJNEVEHT,,l.NOSrtA!.LI-l.',VEVEGETATIVECOliERRE£ST/o.SUSHEO WrTHlN lao Q.\YS OF COlolPl.£J10N OF THE SLOPE;.NO PRIOR TO flNAl8UI[JlINGAPPROVAL.
o NO 8l.1P.t.lEEDED,ACTIVITIES AAE NOT COt.lSIOERED TO GENERATE ~OLl.l!T)'NTS,
c~c
{/'c~/~~",,,,,,m,,,,,,,,",,
EXISTING l.IETER OOX
EXISTINC:TRANSFOl1l.1ER
PROPOSEO POWER I.lETER BOX
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OTAY CAMPO WATER
12118co.o.4PO WAtER ROI-ll.SP'RINO WUEY.CA 91918
g~~!
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~~~~E~NR3~~R~~O~~~~~~~lc(TCHAND RE...,~i/~!~'1A6'6.:;;.P_;=~.::~i~....,.~__z~_'d
PROPOSED ROUrE OfCQ.IV(CONDUITIN
UNDERCROUNOTRENCIi'~i~%~DANO REPAIR AS'
ARC HIT f 0;T
OfDOi'l'A.TOA~SOCI"..TESARCHITeCTURE-CRAPHICS
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203
t110tlNATOA"SOCIATESA~CKIlECTU::tE'OAAPKICS
ELEVATIONS
88-625-01
0501.06l"\.OTOCAJ...E!l'l~'D"~
!Hl ~e:T IN1'0RI,IA1101ol
-
.~':.~.'t>
PROPOSEOATJ<TWlRELESS
ANTENNAS (4 OF jl)UOUNTEoTOEXlsTI.'IC WATEIl TANK WITH2TMAV,CH,PAlNTTOMATCHnlSTINCTANK
~.'!i@ 1Ii!
~
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.v-ITENNAS (~or 11)UOIJNTEOTOD:lsnMC WATER TANK WITH 2Tl.IAV,CH:PNNTTOW,TCHEXISTINCTANK
PROPOSto Arl<T WIRELESSANTEN""";(~or tI))JOUNTEOTOEXISTINCWATEIlTAN~Wln12TUAEACH:I'.lJNTTO W,TCKEXISTINCTAN~
~~/;~~~~:n-'t:t.=~E~,L:!::~~/~,Tl!2o~N Q]
3/32""""-0"
EAST ELEVATlON
PROPOSED "TM WlFiE~ESSANrENNAS(+OF'II)MOUNTED
TO EXISTINC WAT(R TAN~WfT1-I 2TUAEACK:PAJNTTOJ,lATCKEXISTINCTANK
PROPOSEOATI<TWlRELESSOUlOOOREOUIP~E~(+I:ABINETS TOTAL)OE:HINO
PROPOSEO S'H eMU W"LL (SErONO)
PROPOSEOA11<TWIRELESS
OUTDOOR EOUIPI,jENT (~CA6INETSTOTAL)a;::HIHO
PROPOSEO s'"CllU WN..l.:~~;C'-!U TO "",reH EXISTINC
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---~-------------~-------~
...II C H [T E C T
~~~~--------------~-$IJ!'---
EXISTl!'lC/l.NTENi'lAS
TYl',(IOF1$)
PROPOSED AT&T WIRE~ESS
ANTENNAS (~0,11)UOUNTEOTOE)(ISTlNC WATER TANt(WITfol ~TLl),tAOl:PAINT TO W.TI;;HD:lsnN(,:;TANK
~D<,rn"~''''AA'--=
O:ISTlNCTANKLADDER
EXISTINC WATER TANK
EXISTINCANID1NAS~A,~gFW1;bTANK
EXISTlNCVERIZONF;QUIPUENTSHELUR
PRorOSEOLilN05CAPE
SCREENINC:SF;EL_SHEET
PROPOSEOAH.:TWIRE!ESS"ICROWAVE ANTEN~
SOlfTJ-l ELEVAnoN ,--;,~J/:::J:::'2'~'2.==,="_='O:;,,~~--------------------------------L2J
~---E:XIS'i1NCTANKu.oOER
PROPOSED AT&T WIRELESS ANTENNAS
(3 0,\1)~OUNTEDTO 8<15111<0WAURT",,"I<WIT11 ~T'W,EACH:PAINTTOl.lATCHEXISTlNOTANK
EXISTlNOANTENNilSTYP.{\OF 15)
CRICKCfCOlJUUNICATIONSANTENNAS
EXlsnNC J4'f.l TREE
D(ISnNOJ9'folTREE
IIIe u e eRe VI e I Q IIe
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Z04
ELEVATIONS
WEST ELEVATION ,--;;-]:':J/:::J:::22.,,=":,=,_=O;":':':~-------------------------------L!J SS-625-<Jl
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r-~TUAUNIT'TYP.FORZ;SE(Sl~
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I,CONTRACTOR TO VERIfY CLEARANCE AND CONDITiONS OF EXISTINC ROOm~C ATLOCATIONOFWORK,\NO REVIEW OETAILS FOR........,.RECUIREO ...OJUS'fUENTS
2.?~i~~6~1 TO PROVIOE COUPLE'iESMOP OAAWlNOS FOR REVIEW PRIOR TO
TMA UNrT 101,:.:,::::',::;/Z:::":C:_:':1,"-_70,,,-,------------~
ANT(NHADOWNnLTBRACKEl"
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F COmiECTOR
WEIGMT INCLUOING BR>.CKEl"S·~+LaS (lg.7 KG)1.1.000\..:POWoRWAVEDUALBROAOeANOn,52,OO
ANTENNA DETAIL ["";I'-=-/""4'0-"_-='':''_:.:0',;''-=-===-----------~
J,CONTJW;TOR TO NOTIN PROJECT :.u..N"'CER OFl<Nr OISCREPAACIES wm!nCEPROPOSEOlAYOl!TPRIORTOPROCEEOINC
4.~~E6IPES,SRACKETS.,\NOIlISC.1-Wl0WARETO BE GALv.....IZEO UNLESS OTHERWISE
S,ALL .o.lTACKUENTS TO OTAr WATER DISTRICTTAAKS WILL BE IN ..,CCORD»lCE IiI1TH
·C(LLUl.IJl EoulpMENT T"'NK !-TTI<CHMENr cUloEUN(S'
S".S'.,!4"CALV,STEEL PLATE
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SS-625-01
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~OX~E~~~R~~:~~~:~C~:I~~~O~R~.W~~~~l 1~~/~~~ETgRI~T~CROU~L
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7,PLANTlflC PITS AND PlANl'tRS SHALL BE E!ACKFILl.EO PER SOiL TEST REPORT FORPlANTlNC,CQNrR~CillR SHAll pROVIDE BES'I IS QF At!ACRQNQ\fIC SOliS EST ill TljE
QWHEA CN!mACTOR SHA!!ADO AHENQMEhlJ]TO mE P AiJTII!l!ABE\~pER Sol!5TfSIIHQRFCQ!:.IFHQJ:,J,QNS
.:l.PLANT (;OUNTSARE FOR THE CONVENIENCE Of THE lANOSCAPe:;CONfWlCToR ONLY.CONTRACTOR IS RESPONSI8LE fOR /.lL PlANTS SHOWfI Ofl THE PtJ,N.
~.TFlHSAND sJ.UlU8S SHALL BE fERTILIZED AT TllAE OF PlANTING WITl-l ZI-GRAlAACRlfORMTAal.f;TS ,"1 THE fOLLOWINC RATES;
CROUNDCOVER-I/ZTAlllET?s~.~k~~E:_\~~~fus
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13.CONTAACTOR SHAll.GW.It"ina:PtANT LONI;;€\'ITY I.S FOlLO'/lS:TR~ES -ONE \'E"AR:SHBLIBSANDGBOLINDCOVER-THB(EMONTHS
14,WH(R~TRE(TRUNKS ARE WITl'IN G·OF PAVlNC,CONTAACTOR SfIi,LL INSTALL ROOT
BARRIOB 8Y 'BIO-BARRIEB'P~B I.WIUFACTURER'S SPECIFIC\TlONS.
IZ.lANDSCAPE CONTRACTOR SKI4.L WJNTlAN ALL PU>i'!TINCS FOR APERIOD OF THREEHUNDREDANOSI){lY-FIVE (.:l6S)DAI'S AFTtR F1I>1AL ACCfYTA'JCE OF THE OLlILoII>IC."'LLARE,o,s SHALL BE KEPT ClEAN,WATERED mo WEED-FREE,ALL OEAD OB DYING PLANTS~~1~~CTg~~i~~c~~R~~IN 1WO (Z)WE~KS.OWN~R SHALL WJNTAlN SITE AFT~R
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DEVELOPMENTPLAN
SS-625-01
~~~~..;:NI~~P~~O:U(~~l~~L~~EAD)~ ~
~ENC~jC~Eg~THROoOED follPPLE ~\l!~
•.P'.'C SCI-!+0 T.T gO DECREE:£LL ~~1:3~N ZTlog~I<S~~~EH~~EIJ'1J5~~
PRE-FInED IN HEAD g lo ~
G"I.U.RLD:90 DEGREE STR~ET ELL 8
7,pv\:SCH eo NIPPLE (6"LOi<G)~
a,UARLEX gO O(C'iREE STREET ELL :5 ~9~i:~~*;N~RE:SSURE LATEflAL LINE &:~;:s ~
~
l::/QI.E.S.;.~-LOCATE NEADS Z"FROM WAlKS,i:CUBBS,HJ.ROSo.PE AND 11011'STRIPS ~
-LOCATE:.H8IOS6"fROl.lALL ;STRUCTURES g
Pv~S~:~~N TM'E ON ALL PVC TO ~,
~;~~c:~"'sB:::B:::L:::E::.R'-O:::N:.:...:.P.::Oc..P--u::::p'-----_0 I
[,~
EXHIBIT C
NEW CINGULAR
OTAY TO LOCATE
AT OTAY'S 832-1&2
___(THE
D No
D No
DYes
DYes
DEPICTION AND LEGAL DESCRIPTION OF
TEMPORARY TRENCH·EASEMENT
TO AGREEMENT BETWEEN
WIRELESS PCS,LLC AND
COMMUNICATION FACILITIES
RESERVOIR SITE,DATED _
"LEASE")
Easement Requested?
Easement Granted?
If Easement granted,complete the following information:
For good and valuable consideration,receipt of which is hereby acknowledged,the Otay
Water District,as Grantor,hereby grants to New Cingular Wireless PCS,LLC,as Tenant,a
temporary Easement to excavate,remove dirt and do any act necessary to install,operate and
maintain power lines and connection lines as required in connection with the communications
facilities and the antenna to be located on the Premises.The legal description ofthe land subject
to the Easement is as follows:
A drawing depicting the Easement is attached hereto.Tenant may not sell,transfer or
assign the Easement herein granted to Tenant.Tenant's rights under the Easement are
specifically limited to the installation of such power lines,transmission lines and other
communications lines and accessories as required to efficiently operate Tenant's communication
facilities on the Premises.
Lease for Telecommunication Facilities Exhibit C -page 1
The Easement shall automatically terminate on the day that is thirty (30)years from the
date of the Lease.However,ifthe Lease is terminated earlier for any reason,the Easement will
become unenforceable and,for all purposes,terminate on the date the Lease is terminated.
Grantor reserves the right to use the lands that are subject to the Easement in a manner
such that it will not interfere with Tenant's use thereof.
Grantor retains the right to remove,at Tenant's expense,from the surface of the
Easement any item,structure improvement or portion thereof that interferes or conflicts with
Otay's use ofthe Property.
Tenant agrees to indemnify,defend and hold harmless the Grantor for any damage to
property or person (including death)and any,claim,suit,action,cost or expense arising in
connection with the Easement or Tenant's use or installation of any item,line,facility or other
thing in connection therewith.
Tenant agrees to maintain the portion of the Property subject to the Easement in
substantially the condition it is on the date the Lease is executed,excepting only such changes as
are accepted by Otay in writing.
Lease for Telecommunication Facilities Exhibit C -page 2
EXHIBIT
(PHOPOSED COA';~EASE~AENTS)
f\10FT}··!
F"Fe'}
tHE
TH~10UGH A CE}{f'f1l\L ,(\IGLf~'.\'9C 'j1'G3cl~'~
r-JORTH 51'"5·5 ,il L)\ST,).\C>STA?·J(L'
TO VHE NOF:",;LV:'·''",('.\,qUG.",,-
SOU'Tr'!3f:rO~;'2-,3'~'[AS'"!"''\'-J.}.j(>:',',
CHE,Net:]
TV/O A.STRiPS DF L.t\Nf\2 FECT iN WrDTH,()liFE THAf P'C)FTj()N OF THf\CT>~F"(I-r f-~AHCHO .Jf\VA.CHA
t
IN
!HE CC)UNT'Y UF 3/\N STATE OF C/\ljFOR~-1U\;\C(>CH~D~NG TO FAr~rITIDN MAP THEF~E()F,FiLED IN THE
OF SAN OfEGO COUr·~ny iN CASE NO.'13,_StJf:)1,~T~;On COUnT',ENr(rL~:JJ ¥ih1.
MARY Lj ETAL~THE CENTFRUl,jES OF WHfC>i i;,F:[\1{)r'~[F)/\FrnCULARLY
OFFiCE OF-"tHE COUHTY
ivL t<E.]GHLJ~H>F:r f\L,\/:~~"
DESC~RiBED AS FOLLCWS~
rjr/>N\Lt·ir:~A:!Ht.;:~;CUTHVj[S-'r COR1'·.;fJ1 OF nn:.l..f.ND Df{/ffiED TO OTi\Y h~l,P'J\C{Pi\L :Ii}\TF.t~DE1Yf<\CT 1r'~l Hl~_
DOCLJ.E>rrh:F.",COHDET)ON JltJ~~LL:<\RY :;Bt 1964 AS iUST"F!:t)MENTNO.16S50,OF (JFFrc:t\L r(CC()f::-:DS or SAJDCOUNTY'~,~\:::;SHfYNN UN I\ECORD OF SUR\/EY NO.g666~FH..ED iN ThE:OFFit:::E OF THE C(JUI'JTY T:ZE:COF:DER
OF ::;.Al\j COUNTY OU }AARC}"j 10)iCn36 l\S Ftt.C ~"'.~(.),41 bf3b;fHF}·,ICE:,ALJ.)NC T\-"\E ~.:::;Otrn :Eft.)'L.iNE:QF
S/'.lD CLeo 64 '~65·::~){),:",.iGr-?TH e6"j (]/.:,39'-'F/\ST,A CHST;\NCL OF .'IT/1~)FEET:THE[\CE U~';\\(NG ~:.:j\!D
S(\.J'"rr{f}ti.·'y'Ln~r:AT /\HiGHT ,At'.JGLFl ~~Orrn··~D.:r4·J"21"VfFST.,/\f.l~ST:,\fj(:F'OF .35.:»1.FEE;~~HtI,1Ci::
0-9·1.2'{:.6 l,~l{C3T~,:;Dt~.;'f/\HGE ()r:'n..bl F:E:f.:r;THLf4Ct",SCLrrh EYCf·{t'r'r 4""V;E.ST~f\DlSTA.NCE:t.__/.71
ThE NC)·rn··~09"'i :{46l
)\V.EST,A DlS'gJv\CF UF'?"~9 rc~
T'·1E EGUTHFAS'r j'lAVING J"'~.r(.AD\U~:;OF }t.CC)
FLY.};Tr"1LhrCE,r-,KH<n"1(/~STCF~L.Y At.ONG SAiD CURVE f3,32 FEJ:r
rHf}jCF~h-(JRTH g·r 'f[}"rtt E}\~3'L .,~\D~STANCC OF 2[,56nF'7,49 FCE'!ro Tt'!F BEClr·jNLNG OF A n.Ot+",·,TAH·CFr~tr
Nor'~Td]:,,<,;);Ct'~,;/\LON(;;.:)/..lD G.URVE '17,]G FEET fHPOUGr--'l ;\CENTF:-f\L ANGLE.OF ~3:5'GG<'1\:,
HEGfNt-·Hh\G Of'\CntH':':~C!!]j{(:C:UH\/[())}.jC/\V[T'C)THE \V1/3T H/\\/lNG ;;\Fl\DjU3 or "ti')<'
'R.i!JJ!t<!I'WO'lpmJ J!'1f{i l:i\1'!f'J,'ftlZi!j2~¢~~;~~'"'~~~5~~~t~i
AND ASS 0 C I ATE ~
LAND ::~~&.
:~H~H AiRWAY /'-.'/f.,-;;t.w~::,:(,···1
-;-1~~t :;,:,:-7.~,:;~tn
}i.,e;s?
:2%'0 >'>!._i~?l'.:~_t;"k"
ntf\r.rl~}~~,(';:~.SO"l(;.:',-
S~j>-6~2:~~),-.-().1
OTAYCA,rAPOVYA'fE:n
,A.i?!\CL~\L U~iF TO -S/\JD DEG~NNE',-.iC Lj[APS ~::XJUTH 3';\)0'00"f}\S~r;n··H::'NCE,VlLSTEHLY i\LOhG ';';/\iC)J~,>.JE\/E
3(5,£):j errT Ti··.~F,OUGH ;\CE~N'rf~l\I,.AHCLL OF /;3~~"'j7r)7"~THENCE~tiOFtfl'·'1 0:;"1 n-'2n'~V>\ST~A C~:~iT/',J"jC:C ,,-",~.
1:.Cb FCF,'-"
THF~OUGi"'1 1\CCNTR:\L ANCtE fJF'8[T51 '57";L"'H~'\,.,.<;.<SC}J-rH
SC!i..}TH 66'-3ffEd,.•~N-LSL }\Uj~.:;d,{,\NCL"~<y,.")U,).b f·L.L;
C:JhiC,'-;iE TO TH·F r',ioRTH l"lAViNC A .Ei\DIUS DF 62.,)':);::E·.E·~,
SAiD O.H,64-~lG~)50,NORT>{8rj""'1 i~'AST,A lYSTANCF OF 277,lj FEET;TH£J-~CE LEAVli\iG S/~,H)
sOtrrHERLY LJiE .~r A RiCHT ANGLE!fo,J()PTH 0:3"45J2'1 ~\VESr~J\D1STANCF Of '1 ~35})4 FEET;THE!\!C;F~NOF(ni
()f)'l::(-46'1 VVCST~A.DlSTl\NCE Di;;'fL67 FEET;T?'IENCE~SOLYTH ::\(}·47"14·11 VfCSTf A fHSTAt,jCL OF'18.9/FEi:T
rc THE jCl·;GL.7 N(}nT~'1 t}~Y 'L2)4G*~'i¥E:3T./\D;ST/\\ct OF 5.07 FEE.T TO ~Hf:-
o THE SOUTHV{[:3T H,A..ViNG i\Ri\DIUS Of 4~OO FT.'.F:'T'Tj·lENCE:!
r~CRrHl-11·.:':nEf~LY /\LDNG ::;,J.,ID CUHVT.e.~;<u ~---eFT
n"~~D~Yl YVCST~/\[).lST.~\NCC or ~)2.,dD F'Cf;~T'
TC THE 8fGiNr·HNG OF A~NON-··-T}~J-1CENT
BE:G~N>HHG /-\T THE SOlJH-·\'j1EST CORNLH OF 'THE L'\ND Gr~:Ai\rrED TO O'f/';Y
DOCLH-AEJH FEee·HDED ON JANU/\R''y'23,'19f}4 AS fNSTRUMEt-n'hiD.
COUNTY,It\S SHO\VN ON f~~E.CORD ()F'StJF:VE:Y t'K:~,6B66j F1L.ED 1>1 ·rl"'1t.~
OF '5~.J\\j t:i!EGO CnUNTYOH M!:'.FfCH ,)19GB /--:3 r'~LE NO"4·j;:186;.'THENCE
AT Tjii-':'
[3!j,\F;IHC;
{f~:;HCHTENED TO TEFMiNArc l~T
BEf\11ING SOUTH iKY47'j +V1FS'r
/\l.!./\N(~Li~:f}.c)!NT~::
NGf(T'},·jF:r<LY J\v~,A
1 REV.#1 DESCRiPTiON .DAlE i BY
I~_~~:-_I
I ,SSUED FOR REVIEW i09/12/091CWIY
!z~\~1
\~___._.-....--,----~.-,-~--~.~,~----I
L=6.20'
EXHIBIT "C"
(PROPOSED COAX EASEMENTS)
TRUE POINT OF BEGINNING
CENTERLI~jE
N86"16'39"E (SOUTHml.Y U~\E,O.R.6't-'1(550)-_.-....-
277.13'
T.P.O.B.
~.
L,EGEND;
o,....,rrrir ,IJUr,.~)H of -rFU\CT
j\;JAP -J-5-J2
JAMJ-\CHA F~AJ\iCH
PREPARED BY:
88-625-0 1 SHEET
OTAY CAMPO WATER I at·@....Jgj1IlJ6&!f1 B~~B 5 I'Qt.t.A,N D ASS 0 C I A T ~I
121.18 CAMPO WATER R,OAD 1."".,"'"~~~LAN~SURVEYING &MAPPING or 7 SHEETS
SPRING VA.l.r.E'Y,C
A
919"'t'",""=."_,"'""RWAY Ave.•'"'"K-'","w.'0/''1'0'"'1.•~R 0 COSTA MESA,CAliFORNiA 926267"BY:CWIY
. ......__.__...._._.._~_._~__. L ~~45;~7~~~~80~~JE CHECKED JA/BH__........,~...........J_N•._-.::.:')O.:;.5.~08:::;;'-'3:..._-
LEGAL DESCRIPTION EXHIBIT PREPARED FOR:
\
\~t~=-----~----~.-
I
!~S.W.CORNERIO.R.64-16550I(POiNT OFIBEGiNNiNG)
I
IIiI1I~III
I,
I\III~
I
EXHIBIT ~'A"l
A STRIP OF LAt~D,2 FEET IN If/10TH,OVER THAT PORTION OF TRACT "F"OF RANCHO JAMACHlI,IN THE
COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO PARTITION MAP THEREOF,FilED It'-J THE
OmCE OF THE COUNTY CLERK OF SAN DIEGO COUNTY IN CASE NO.13,SUPERIOR COURT,ENTITLED WM.
M.I<EIGHLER,ET AL,VS,MARY H.EDDY,ET AL,THE CENTERLINE OF WHICH IS MORE PARTICUU.RLY
DESCRIBED AS FOLLOWS:
BEGlt~NiNG AT THE SOUTHWEST CORNER OF THE U),.jD GRANTED TO OTAY rv1Ut'-liCIPAL WATER DISTr~iCT iN THE
DOCUMENT RECORDED Ot'-I ,JANUARY 28,1964 AS INSTI~UMENT NO.16550,OF OFFICIAL RECORDS OF SAID
COUNTY,AS SHOWt·~ON RECORD OF SURVEY NO.6666,FILED iN THE OFFiCE OF THE COUNTY RECORDER
OF SAN DiEGO COUNTY ON lv11\RCH 10,1966 AS FILE NO.41585;THENCE ALO~~G THE SOUTHERLY LINE:OF
SAID OR,64-16550,r,IORTH 86'16',39"(;\ST,,b"DiSTANCE Ol~277.1.3 FEET;THENCE LEi',vIr-IG SAID
SOUTHERLY UNE .il':/\RIGHT ANGLE,NORTH 03"~3'21"WEST,f\OISTAJ,!CE OF 1.35.54 FEET;THEI\JCE,NORTH
09"12'46";NEST,,\DIST;\NCE OF 8.67 FEET;THENCE,SOUTH 80'47'·j11-"WEST,A DISTANCE OF;.83 FEET TO
THE mULPOINT _OF 8EGlt--lNING;THENCE,NORTH 09"12'46"WEST,A DISTANCE OF 6,2.3 FEET TO THE
BEGIi',)I\III~G OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A Rt\DIUS OF 4·,00 FEET;THENCE,
ALONG SAID CURVE 6.20 FEET THROUGH 1\CENTf'-;AL ANGLE OF 8S'51'57";THENCE,SOUTH 8"1'55'"17"WEST,
A DISTA!\!CE OF 49.46 FEET;THEt~CE,SOUTH 66'38'20"WEST,A D!STf\NCE m-30.12 FEET TO THE
BEGINt,JlNG OF A NOhl-T.'\NGEtH CURVE CONCWE TO THE NORTH HAVING A Rt\DIUS OF 60.83 FEET,A
Rl\DIAL LINE TO SAID BEGIt'-iNING BEARS SOUTH 31'00'00"8\ST;THENCE,WESTEHLY ALm,IG SlliD CURVE
9L~.50 FEET THROUGH A CH,JTRA,L ,Io,NGLE OF 89'00'25";THENCE,SOUTH 59'10'52"WEST,A DISTM~CE 0[--
:24.32 FEET;THENCE,NORTH 55'22'28"WEST,1\DIST;I,NCE OF 69.77 FEET;THENCE,SOUTH 58'01 '40"'NEST.
A DISTf\t'-lCE OF 37,84 FEET TO THE 8EGiimiNG OF A NON-TA,NGENT CURVE CONC,WE TO THE SOUTHEAST
HAVING A RADIUS OF 526,33 FEET,fl,RADIAL LINE TO SAID BEG!tjI\IlNG B8\RS NORTHI9'LP'05"WEST;
THENCE,SOUTHWESTERLY ALONG SAiD CURVE 224.74 FEET THROUGH A CENTRAL ANGLE OF 24'27'53";
THENCE,SOUTH 37'07'39"WEST,A DISTANCE OF 129.44 FEET;THENCE,SOUTH 44'45'09"WEST,A
DISTANCE OF 114,68 FEET;THENCE,SOUTH 4SH'51"EAST,A DISTANCE OF 7.37 FEET.
THE SIDELINES OF S.A.ID STRIP TO BE LENGTHENED OR SHORTUjED TO TERMIN/,TE AT ALL ANGLE POINTS
AND AT THE TRUE POINT OF BEGJNWJiG 8Y ,6,liNE BEARING SOUTH 80"~7'14"WEST AND SOUTHERLY ,t,,T A
LiNE Bt_/IR!NG NORTH 44'45'09"EAST.
CONTAIt~ING 1591.48 SQ.FL (0.04 ACRES)
SUBJECT TO 8-\SEMG~TS AND RIGHTS OF WAY OF RECORD OF~APPARENT.
3
SHEETPREPAREDBY:
at ~..;:rtrmJ ~1ff!!£ft!.~"~..:J~g
AND ASS 0 C I ATE S or -<::HE~TS
LAND SuRVEYING &MAPPI~jG ~~t".I 3188 AIRWAY AVE..SUITE K-1 DRAWN'9/12/0912~OO P'.~J(PlAZA DRNE 'COSTA u"SA r.AU-ORN·"9?6?~~Y'"WW -,CERRITOS C).,90703 I '-M,-,...t t,.;......b \.,<I'714 5~?::;1~~7 OrnCE ChLCKt.D.~i\j8HI714:ODt-Ic>68 FAX -------~j..1...........-_.._____IN 205083 ._
AS SHOV/t~It'-I [;<HI81T "D"J\TIACHED HERETO i\ND MADE A PART HEREOF.
ILEGAL DESCRIPTION EXHIBIT PREPARE:D FORC88-625-01
t--~AY CAMPO YVATE R
I .1211B..C.MlJ'.0.W.A.TEll R.OIJ)SPRING VALLEY,CA 91975
z
SHEET
6
IOF 7 SHEETS
IER.',WN:9/12/09
BY;eVil'
_.~---~~CKED JA!BH
ll!:.205.083---
AND ASSOCIATES
LAND SURVEYING &~,1APP!NG
3188 AIRWAY AVI.,SUITE K-l
COST.A MESA,CALIFORNIA 92625
714 557-1567 OFFICE
714 (',57-1568 FAX
PREPARED BY:
at&t
12900 PARK PLAZA DR!YE
CERfmOS,e....,90703
POF~TJON OF -f}-lJ-\CT
JvJJ-\P -lB-j /
J /\~/1 I~(-i I /\::::-)/\f\!('I I\.r-\J YJ)--.\'--..-'JJ.r\.J \r~\_J"-.../JJ
TRUE POIHT OF BEGINNING
CEH TERLlr~E
T.P.O.B.
ct
1211B CAMPO WKIER ROAD I
I S}'RING VALLF.Y,CA 91978 j
L-._.-~-_l_..
l LEGAL DESCRIPTION EXHIBIT jPREPARED FOR
,88-625-01
IOTAY CAMPO WATER!
r
)'
!f':,'.
,
"
!
Ii
I
II
!
1
!,-------
318S AIRWAY AVE.,SUITE K-1
COSTA MESA,CALIFORNI.'"92528
714 557-1587 OFFICE
714 557-1568 FAX
T.P.O,B.
at&t
E IBIT "D"
(PROPOSED POWER EASEMENT)
12900 PAAK PLQ..\DRIVE
CERRITOS,CA 90703
LEGAL DESCRIPTION EXHIBIT ipREP jI,RED FOR:
88-625-01I~_!A~~:~MPO WATER
I 12118 CAMPO WATER ROAD
L_SPRINGVA~y,CA ~1978
EXHIBITD
ATTACHMENT A
DEPICTION OF THE TELECOMMUNICATION FACILITIES
ARC HIT I!C T
8MI'PLAN
Z01.1
SS-625-o1
gIPONATQA$$OC1ATESARGHITECTURE'GRAPKIC$
l"'"0 J E C T N A M I!
I a(I Ua8 REV I a ION'
8HE I!:T INFO "'MATION
D:ISnNGC-{l'EASE),(ENTFORRCWl
~I
'I
STA81UZEO CoNSTRucnoN ENTRANcE/EXIT
IAATERlAL OEUVERYANO STORAGE
SOUOW~w.w.G(loIENT
HAZARDOUS WASTE UANAG~ENT
bIIIIl~&
8
WM-5,CONCRETE WASTEWN!lC(MENT
t.NO W....STt/DEBRls WILL BE STOREDg~N~1J~~To~.REldlsES DURING
PROPOSED AT6<T WIREL.£SS OUTOQOREOUIPMENT(4 CAl3INETS TOTAL)~i:;"~"'"'"""""""0 W,,",
Z.Z.4MINIMIZESOILCOUPACTIONREOUCEOVERAl.L
AREAS or SOiLDISTURBAl'CE
o SAN06AQ aAARIE'R
E1W,TERlALOELIVER'l'ioNOsTORAGE
o SPIll.pR<:\!£h'T10N.o.tlD CONTROL
E1 CONCRETE WASTE w.w.cEloiENTe1WTERCONSERV....nON PRACTICES
o P VlNGI>NOGRINOINGOpERATlONS
~1s;r~~RfTENNA POLE
EXISTlNC5'HICHCIWNUNKfENCE TO REIMI
E:<ISnNG -48'HIGH TREE --'N
PROPOSEO ROUTE OF CO.'J(~CONourrlNUNOERGROUNO~~~~&ATCf-l AND REc:~~~p;P.::.l.AN~.",...________________________________1
-1/16"-1'0"
........................
EXlsTlNCZO.Eo.SEMENT.J ....
.....................
o V&!ICLfioNOEOUlpMENTIMlNTENANCEoA#f MINOR SLOPES CRE.o.TEO INCIDEi'lTALTO CONsrnUCTIONANO NOTSU6JECTTO ....w.JOR OR MINORGRA.DINGpERMITSftALL8EI'ROTECTEOflfCOVERINDWlT\i I'LASTIC OR TARI'PRIOR TO I<RAIN EV(NT.AND SHALL HAVE VEDET...."llVE COVER REEST,l.BUSHED WITHIN 180 DAYS or COMPLETION OF THE SLOPEmoPRIORTOF'lWL BUllDlNC APPROVAL,
o NO 8MI'.NEEDED,ACTMTIESARE HOT CONSIOERED TO GENERATE POLLUTANTS.
o rlBEIl ROLLSoSTREErSWEEPINGANOVACUIJMING
o STORM ORNN INLEf PROTECTION
o STOCKplLEloWl.'.DEMENT
0'SOLID WASTE w.N.l.CEMENToST....SIUZEOcONsrnucnONENm>.NCt/l:XIToOEW....TERINCOpTIONS
lHE BMp,SELECTED ARE THOSE THAT WlLl.BE IMpLEM<:NTW DURING CONSTRUCTION OFTHE PROJECT.THE 1<PPU~T IS RESF'ONSIBLf FOR THE pLACEI-lENT ANO WJNTDJ....HCE OF THE 8,,1'.SELECTED ATTACHDESCRIPnONSOrTHEBMp,AND THEIR APpUCI.TION {AVAILABLE AT THE DpW COUNTER)....SATIAa-lMENT .....
0'SILTFENCE ODESILnNDBASIN
ROUTEOrl'ROPOSEOPOWERINUNoERI;:ROUNO~~~\;....~~~~O
il
I
---t....................
-------------
EXHIBITD
ATTACHMENT B
PERMITS
-.Jr
COUNTY OF SAN DIEGO
DEPARTMENT OF PLANNING AND LAND USE
5201 RuffIn Road,Suite B
San piego,CA 92123
858-694-2960 RECEIPT NUMBER:
Cashier:
Page 1 of 1
09-0587360
JTANA2PL
APN:506-021-06-00
DATE ISSUED:28-AUG-2009
PERMIT:101920090148
SCOPE:COMM'L MISC (ANTENNA,CANOPY,RACKS)
SITE ADDRESS:12118 CAMPO RD
SUBDIVISION:
CITY:SPRING VALLEY,CA91978
Fees Calculated 12Montlls Back
PARCEL OWNER:OTAY WATER DISTRICT
ADDRESS:
CITY1STATE/ZIP:,00000
PERMIT OWNER:AT&T MOBILITY
ADDRESS:5738 PACIFIC CENTER
CITY/STATE/ZIP:SAN DIEGO,CA92121
Date
28-AUG-2009
28-AUG-2009
28-AUG-2009
28-AUG-2009
28-AUG-2009
28-AUG-2009
28-AUG-2009
28-AUG-2009
28-AUG-2009
Fee Code
ICOOOOIXXO
IC00008XXO
lCOOOl6XXO
ICOQOl7XXO
lC00043XXO
lBPOl45XXO
lC00040XXO
lC0004lXXO
IC0002lXXO
Description
BUILDING PERMIT -VALUATION
BLDGPERMIT -DISABLE.ACCESS
STATE FEE (COMMERCIAL)
SEISMIC FEE (COMMERCIAL)
ARCHIVING FEE -LETTERILEGAL UP TO IlXl7
ELECTRIC PERMIT ONLY
ARCHIVING BASE FEE -RECORDS RETENTION
ARCHIVING FEE -PLAN PAGES (OVER IlXI7)
GREEN BLDG FEE (RES &COMM)
Totals:
Paid to Date
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
This Receipt
$639.50
$63.95
$6.15
$21.00
$40.00
$226.00
$8.20
$48.30
$4.00
$1,057.10
Balance Due
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
PaymentCode
CHECK
Description
CHECK #31170
Tendered:
Change:
Balance Due:
Amount
$1,057.10
$1,057.10
$0.00
$0.00
COUNTY QR'sAN DIEGO
DEPT.OF PLANNING AND LAND USE
BUILDING DIVISION
5201 Ruffin Road.Suite B
San Diego,CA 92123-1666
(858)565-5920
FEE STATEMENT
I".···.,:,-
,.,
i,
Permit Type &Number:1019 -20090148
Permit Description:PERMIT-COMMERCIAL
Project Name:
Permit Owner Name:AT&T MOBILITY
Site Address:12118 Cfu~PO RD
SPRING VALLEY,CA 919'
APN:506-021-06-00
Project Description/Scope
Cross street:JAMACHA RD.
Statement Date:28 AUG 2009
Project No:
Client No:
Description of Work:UNMANNED CELL SITE INCLUDING THE INSTALLATION OF 11 ANTENNAS ON
EXISTING WATER TANK,225 SQFT CMU WALL WITH EQUIPMENT CABINETS BEHIND &200 AMP SERVICE FOR
AT&T MOBILITY
Fee/Deposit Details
Fee Code Description
Valuation:$100,000.00
Acct.Code Amount
lC00001XXO
1C00008XXO
1C00016XXO
1C00017XXO
1C00021XXO
1BP0145XXO
1C00040XXO
1C00041XXO
lC00043XXO
BUILDING PERMIT -VALUATION
BLDG PERMIT -DISABLE.ACCESS
STATE FEE (COMMERCIAL)
SEISMIC FEE (COMMERCIAL)
GREEN BLDG FEE (RES &COMM)
ELECTRIC PERMIT ONLY
ARCHIVING BASE FEE -RECORDS RETENTION
ARCHIVING FEE -PLAN PAGES (OVER 11X17)
ARCHIVING FEE -LETTER/LEGAL UP TO 11X17
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
639.50
63.95
6.15
21.00
4.00
226.00
8.20
48.30
40.00
Total i\rnount
8 -21
COMMiSSiON
5201 Ruffin Road
May 8,2009
San Diego,CA 92123
Decision of the Planning Commission
On the Application of Major Use Permit
Number P08-021
GRANT,as per redlined plot plan and elevations dated March 19,2009,consisting of
eight (8)sheets,a Major Use Permit,pursuant to Section 6985,6986,and 7358 of the
Zoning Ordinance,to authorize the location and use of an unmanned wireless
telecommunication facility.The facility includes panel antennas that will be mounted on
the existing water tank located on the east side of the property and a GPS antenna
mounted on the existing water tank located on the west side of the property.All
associated equipment will be enclosed by a CMU wall.Pursuant to Section 6985A of
the Zoning Ordinance,a Major Use Permit is required because the project site is
located in an area zoned S90 (Holding Area),is not located on a high voltage
transmission tower,and is not covered by a Wireless Community Master Plan.
CONDITIONS
The following conditions are imposed with the granting of this Major Use Permit:
Building permit plans must conform in detail to this approved design.Failure to conform
can cause delay to or denial of building permits and require formal amendment of this
approved design.No waiver of the Uniform Building Code standards or any other code
or ordinance is intended or implied.
A.Prior to obtaining any building or other permit pursuant to this Major Use Permit,
and prior to commencement of construction or use of the property in reliance on
this Major Use Permit,the applicant shall:
1.Payoff all existing deficit accounts associated with processing this
application to the satisfaction of the Department of Planning and Land
Use and the Department of Public Works.
2.Have a registered civil engineer,a registered traffic engineer,or a
licensed land surveyor provide a certified signed statement that physically,
there is a minimum unobstructed sight distance in both directions along
Campo Road (SR-94)from the private easement road,for the prevailing
operating speed of traffic on Campo Road (SR-94).The above shall be to
the satisfaction of CALTRANS and the Director of Public Works.
P08-021
8 -22
- 2 -May 8,2009
3.Submit evidence to the satisfaction of the Director of Planning and Land
Use (Building Division)that all "Prior to Use or Occupancy"conditions B.1
and B.2 of this Major Use Permit have been printed on a separate sheet
of all building plans associated with this Major Use Permit:[DPLU,FEE]
a.The conditions shall be printed on a separate sheet of the
building plans.
4.Furnish the Director of Planning and Land Use a letter from the Director of
the Department of Public Works stating Conditions A.1 -A.2 have been
complied with to that Department's satisfaction.
B.Prior to any occupancy or use of the premises pursuant to this Major Use Permit,
the applicant shall:
1.Provide photographic evidence to the Director of Planning and Land Use
that demonstrates the panel antennas,equipment shelter and
landscaping are installed according to the approved plot plan and photo-
simulations filed under Major Use Permit P08-021.
2.Pay the Major Use Permit Compliance Inspection Fee as specified in the
DPLU Fee Ordinance at Section 362 of the San Diego County
Administrative Code.The fee shall be paid at the DPLU Zoning Counter.
The permittee shall also schedule an appointment for an initial inspection
with the County Permit Compliance Coordinator to review the on-going
conditions associated with the permit.The inspection should be scheduled
for a date approximately six months subsequent to establishing
occupancy or use of the premises.
C.The following conditions shall apply during the term of the Major Use Permit:
1.The applicant shall allow the County to inspect the property for which the
Major Use Permit has been granted,at least once every twelve months,to
determine if the applicant is complying with all terms and conditions of the
Major Use Permit.If the County determines the applicant is not complying
with the Major Use Permit terms and conditions the applicant shall allow
the County to conduct follow up inspections more frequently than once
every twelve months until the County determines the applicant is in
compliance.
2.The applicant is responsible for the maintenance and repair of any
damage caused by them to on-site and off-site private roads that serve
the project.
P08-021 - 3 -May 8,2009
3..All light fixtures shall be designed and adjusted to reflect light downward,
away from any road or street,and away from adjoining premises,and
shall otherwise conform to Section 6324 of The Zoning Ordinance.
4.The parking areas and driveways shall be well maintained.
5.All landscaping shall be adequately watered and well maintained at all
times.
6.Property owners shall agree to preserve and save harmless the County of
San Diego and each officer and employee thereof from any liability or
responsibility for any accident,loss,or damage to persons or property
happening or occurring as the proximate result of any of the work
undertaken to complete this work,and that all of said liabilities are hereby
assumed by the property owner.
7.The applicant shall maintain the appearance of the facility and associated
equipment shelter,as depicted in photo simulations on file with Major Use
Permit P08-021,for the duration of the facility's operation.
8.All graffiti on any components of the facility shall be removed promptly in
accordance with County regulations.Graffiti on any facility in the public
right-of-way must be removed within 48 hours of notification.
9.All wireless telecommunications sites shall be kept clean and free of litter.
10.All equipment cabinets shall display a legible operator's contact number
for reporting maintenance problems.
11.All wireless carriers who intend to abandon or discontinue the use of any
wireless telecommunications facility shall notify the County of such
intention no less than 60 days prior to the final day of use.
12.Wireless telecommunications facilities with use discontinued shall be
considered abandoned 90 days following the final day of use.
13.All abandoned facilities shall be physically removed by the facility owner
no more than 90 days following the final day of use or determination that
the facility has been abandoned,whichever occurs first.
14.The County reserves the right to remove any facilities that are abandoned
for more than 90 days at the expense of the facility owner.
P08-021
8 -24
- 4 -May 8,2009
15.Any abandoned site shall be restored to its natural or former condition.
Grading and landscaping in good condition may remain.
16.Noise from any equipment supporting the facility shall meet the
requirements of the County's Noise Ordinance on an average hourly
basis.
17.Equipment cabinets and antenna structures shall be secured to prohibit
unauthorized access.
18.Comply with all applicable stormwater regulations at all times.The
activities proposed under this application are subject to enforcement
under permits from the San Diego Regional Water Quality Control Board
(RWQCB)and the County of San Diego Watershed Protection,
Stormwater Management,and Discharge Control Ordinance (Ordinance
No.9926)and all other applicable ordinances and standards.This
includes requirements for Low Impact Development (LID),materials and
wastes control,erosion control,and sediment control on the project site.
Projects that involve areas 1 acre or greater require that the property
owner keep additional and updated information onsite concerning
stormwater runoff.This requirement shall be to the satisfaction of the
Director of Public Works.
19.The project shall conform to the approved plot plan(s).Failure to conform
to the approved plot plan(s);is an unlawful use of the land,and will result
in enforcement action pursuant to Zoning Ordinance Section 7703.
D.This Major Use Permit shall expire on May 8,2011,at 4:00 p.m.(or such longer
period as may be approved pursuant to Section 7376 of The Zoning Ordinance
of the County of San Diego prior to said expiration date)unless construction or
use in reliance on this Major Use Permit has commenced prior to said expiration
date.
FINDINGS:
CEQA FINDINGS:
It is hereby found that the proposed project is exempt from the California Environmental
Quality Act as specified under Section 15303 of the State CEQA Guidelines for the
reasons detailed in the Notice of Exemption Form dated March 24,2009,on file with
DPLU as Environmental Review Number ER08-19-006.
P08-021
MSCP FINDINGS:
- 5 -May 8,2009
The Multiple Species Conservation Program Conformance Findings dated March 24,
2009,on file with DPLU as Environmental Review Number 08-19-006.
STORMWATER FINDINGS:
It is hereby found that the project proposed by the applicant has prepared plans and
documentation demonstrating compliance with the provisions of the County of San
Diego Watershed Protection,Stormwater Man;3gement,and Discharge Control
Ordinance.
RESOURCE PROTECTION ORDINANCE FINDINGS:
It is hereby found that the use or development permitted by the application is consistent
with the provisions of the Resource Protection Ordinance.
MAJOR USE PERMIT FINDINGS:
Pursuant to Section 7358 (see Section 7359 for findings required for permits filed
pursuant to Regional Land Use Element 3.8)of The Zoning Ordinance,the following
findings in support of the granting of the Major Use Permit are made:
(a)The location,size,design,and operating characteristics of the proposed use will
be compatible with adjacent uses,residents,buildings,or structures with
consideration given to
1.Harmony in scale,bulk,coverage,and density
Scale and Bulk:
The subject parcel is developed with two water tanks and other existing
wireless telecommunication facilities currently operated by T-mobile,
Sprint,Nextel,and Verizon.The proposed unmanned wireless
telecommunication facility includes eleven (11)panel antennas that will be
mounted on and painted in matching color with the existing water tank and
an eight-foot high CMU equipment shelter painted in dark tan to enclose
all associated equipment.Photo simulations on file with Major Use Permit
P08-021 (Attachment C)illustrate that the proposed antennas and
associated equipment enclosure are unobtrusive to the surrounding
viewshed.The view from the surrounding area will be minimized because
the project is a stealth facility as the panel antennas will be mounted on
and painted in the same color as the water tank and the equipment
enclosure will be painted in dark tan.The enclosure will be screened by
P08-021
8 -26
- 6 -May 8,2009
proposed additional landscaping such as Toyons and Silverberry.The
project is compatible with adjacent uses in terms of scale and bulk
because of the stealth design.Therefore,the project will not substantially
increase the scale and bulk of the existing structure and result in negative
impacts to the surrounding properties.
Coverage:
The subject parcel is 3.74 acres in size.Surrounding land uses consist of
vacant land,SR-94 (Campo Road),Steele Canyon High School and a
commercial center,with parcel sizes ranging from approximately 3 acres
to over 200 acres in size.The project is located on a parcel that is
developed with two water tanks and wireless telecommunication facilities
currently operated by T-mobile,Sprint,Nextel,and Verizon.The lease
area for this unmanned wireless telecommunication facility will total 400
square-feet (less than 1%lot coverage).Considering the size of the
subject lot compared with the size and location of the proposed structure,
the size of the existing structures on the property,and the coverage
characteristics of surrounding properties,the addition of the
telecommunication facility will be consistent in terms of coverage of the
surrounding area and will not substantially increase the lot area coverage.
Density:
The project is a Major Use Permit for the authorization of a
telecommunication facility and does not have a residential component
subject to density.
2.The availability of public facilities,services,and utilities
The project is located within the San Miguel Consolidated Fire Protection
District.The project has been reviewed and found to be FP-2 compliant.
The project will require water service for irrigation and the Otay Municipal
Water District has verified that service is available to the project site.
3.The harmful effect,if any,upon desirable neighborhood character
The project is a Major Use Permit for the authorization of a wireless
telecommunication facility.The facility will include eleven (11)panel
antennas that will be mounted on and painted to match the existing water
tank located on the east side of the property and an eight-foot high CMU
equipment shelter painted in dark tan to enclose all associated equipment.
The project site is located within a neighborhood that is predominately
P08-021
H ·l7
-7 -May 8,2009
comprised of vacant land~,SR-94,Steele Canyon High School,and a
commercial center.
The project will not adversely affect the desirable neighborhood character
because the project proposes a wireless telecommunication facility that is
designed to be stealth.The equipment shelter will be located within a
CMU enclosure to conceal it from the surrounding properties.Photo
simulations on file with Major Use Permit P08-021 (Attachment C)
illustrate that the line,form,and color of the facility will be largely
consistent with other elements that make up the visual setting of the area,
such as the previously approved wireless telecommunication facilities
consisting of panel antennas mounted on the existing water tank.
Furthermore,the project was reviewed for noise impacts and determined
to be consistent with the County Noise Ordinance.The project,as
designed,will not cause any substantial,demonstrable negative aesthetic
effect to views from the surrounding area and roadways.Therefore,the
project will not have a harmful effect on the neighborhood character.
4.The generation of traffic and the capacity and physical character of
surrounding streets
The traffic generated from the project is expected to be one maintenance
trip per month and will utilize an easement connected to Campo Road
(SR-94),a public road for access.Existing parking is available on the
property.The use associated with this Major Use Permit is compatible
with the existing nature of the area because the number of maintenance
trips will not substantially alter the expected traffic or physical character of
the surrounding streets and will be compatible with adjacent uses.
Therefore,the number of maintenance trips will not substantially increase
or alter the physical character of Campo Road (SR-94)and other vicinity
roadways.
5.The suitability of the site for the type and intensity of use or development
which is proposed
The project proposes a Major Use Permit for the authorization of an
unmanned wireless telecommunication facility.The subject property is
3.74 acres in size and is developed with access and utility services
adequate to serve the proposed use.The installation of the
telecommunication facility will not require significant alteration to the land
form.The project,as designed,will be stealth and will not change the
characteristics of the area and is suitable for this site and the type and
intensity of uses and development.For reasons stated above,the
proposed project will be compatible with adjacent land uses.
P08-021
8 -28
- 8 -May 8,2009
6.Any other relevant impact of the proposed use
None identified.
(b)The impacts,as described in Findings (a)above,and the location of the
proposed use will be consistent with the San Diego County General Plan.
The project is subject to the Regional Category -Current Urban Development
Area (CUDA),General Plan Land Use Designation General-(21)Specific Plan
(Rancho San Diego),and the Valle De Oro Community Plan.The subject
property is excluded from the Rancho San Diego Specific Plan but surrounded
by land designated as Open Space in the Specific Plan.The project complies
with the General Plan because civic uses are allowed if they support the local
population.In addition,the project is consistent with Policy 4 of the Public Safety
Element of the County General Plan that encourages the support,establishment,
and continual improvement of Countywide telephone communications system,
particularly with respect to enhancing emergency communications.
(c)That the requirements of the California Environmental Quality Act have been
complied with.
Pursuant to Section 15303 of the State CEQA Guidelines,the project is exempt
from CEQA because it is an unmanned wireless telecommunication facility that
involves the installation of Small,New Equipment and Facilities in Small
Structures.It has been determined that the project is not in an environmentally
sensitive location;will not have a cumulative effect on the environment;is not on
a hazardous waste site;will not cause substantial change in the significance of a
historical resource;and will not result in damage to a scenic highway
NOTICES:
NOTICE:The 90 day period in which the applicant may file a protest of the fees,
dedications or exactions begins on May 8,2009.
NOTICE:This subject property is known to contain Coastal sage scrub plant
community.Such plant community is habitat for the coastal California gnatcatcher.
The Federal government recently listed the gnatcatcher as a threatened species under
the Federal Endangered Species Act of 1973 (16 U.S.C.Section 1531 et seq.).THE
LISTING MAY RESULT IN AN APPLICANT'S INABILITY TO PROCEED WITH
HIS/HER PROJECT WITHOUT A PERMIT FROM THE FEDERAL GOVERNMENT IF
THE SPECIES OR ITS HABITAT ARE PRESENT ON THE PROJECT SITE.It is
advisable to contact the United States Fish and Wildlife Service to determine the
applicability of the prohibitions under the Act to each applicant's property.
P08-021 - 9 -May 8,2009
NOTICE:THE ISSUANCE OFTHIS PERMIT BY THE COUNTY OF SAN DIEGO
DOES NOT AUTHORIZE THE APPLICANT FOR SAID PERMIT TO VIOLATE ANY
FEDERAL,STATE,OR COUNTY LAWS,ORDINANCES,REGULATIONS,OR
POLICIES INCLUDING,BUT NOT LIMITED TO,THE FEDERAL ENDANGERED
SPECIES ACT AND ANY AMENDMENTS THERETO.
NOTICE:Low Impact Development (LID)requirements apply to all priority projects as
of March 25,2008.These requirements can be found at the following link beginning on
Page 32,Section 67.812,of the Municipal Stormwater Permit:
http://www.sdcounty.ca.gov/cob/ordinances/ord9926.doc
The draft LID Handbook is a source for LID information and is to be utilized by County
staff and outside consultants for implementing LID in our region.The handbook gives
an overview of LID.Section 2.2 reviews County DPW planning strategies as they relate
to requirements from the Municipal Permit.The Fact Sheets in the Appendix may be
useful for information on all of the engineered techniques.Additional information can be
found in the extensive Literature Index.You can access the Handbook at the following
DPLU web address:
http://www.co.san-diego.ca.us/dplu/docs/L1D-Handbook.pdf
NOTICE:On January 24,2007,the San Diego Regional Water Quality Control Board
(SDRWQCB)issued a new Municipal Stormwater Permit under the National Pollutant
Discharge Elimination System (NPDES).The requirements of the Municipal Permit
must be implemented beginning March 25,2008.The Low Impact Development (LID)
Best Management Practices (BMP)Requirements of the Municipal Permit can be found
at the following link beginning on Page 32,Section 67.812,of the Municipal Stormwater
Permit:
http://www.sdcounty.ca.gov/cob/ordinances/ord9926.doc
All priority projects must minimize directly connected impervious areas and promote
biofiltration.Section 67.812 includes the minimal site design requirements that project
applicants must address and implement.These can be summarized into the following
four requirements:Disconnect impervious surfaces,Design impervious surfaces to
drain into properly designed pervious areas,Use pervious surfaces wherever
appropriate,Implement site design BMPs.The applicant /engineer must determine the
applicability and feasibility of each requirement for the proposed project and include
them in the project design,unless it can be adequately demonstrated which (if any)of
the requirements do not apply.
AGREEMENT BETWEEN NEW CINGULAR
WIRELESS PCS,LLC,A DELAWARE LIMITED
LIABILITY COMPANY AND OTAY WATER
DISTRICT TO LOCATE A COMMUNICATIONS
FACILITY AT OTAY'S 832-1&2 RESERVOIR SITE
This Agreement ("Lease")is entered into and effective on the date specified in the
signature page (the "Commencement Date"),by and between the Otay Water District,a
municipal water district organized and operated pursuant to the Water Code Section 71000,et
seq.("Otay"),arid New Cingu1ar Wireless PCS,LLC,a Delaware limited liability company
("Tenant").Any special terms or conditions agreed to by Otay and Tenant will be set forth on
Exhibit A.
A.Otay owns a site on which it has constructed water facilities known as the
"832-1 &2 Reservoir Site,"as depicted on Attachment A to Exhibit B (the "Reservoir Site").
B.Tenant has requested Otay to allow it to locate a communications facility and
transmitting and receiving antennas at the Reservoir Site.
For good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged,Otayand Tenant agree as follows:
1.Premises.Otay owns the real property described in Attachment B to Exhibit B
(the "Property").Otay agrees to lease to Tenant,for the installation of an antenna and related
telecommunications equipment,approximately 214 square feet of real property within the
Property,as more particularly described on Attachment C to Exhibit B (the "Premises").A
depiction ofthe Property and the Premises is attached hereto as Attachment D to Exhibit B.
Lease for Telecommunication Facilities Page 1
2.Grant of Non-Exclusive Trench EasementCs).Otay has also agreed to grant a
temporary non-exclusive easement to Tenant for certain portions of the Property,as legally
described in Exhibit C to this Lease (the "Easement"),for the purpose of trenching and
installation of the necessary utilities to operate Tenant's equipment.It is expressly agreed that
any such Easement shall run concurrent with this Lease.Tenant agrees and understands that if
the Lease is terminated or ceases to exist for any reason,the Easement shall not have any force
or effect.Tenant agrees to return and maintain all portions of land subject to the Easement that
are disturbed in connection with the installation,connection,maintenance,repair,access or any
other Tenant activity,to their original condition at Tenant's sole cost and expense.
This easement shall be non-exclusive.Otay,or any other tenant of Otay may utilize the
easement area for similar purposes or for any other purpose which does not interfere with
Tenant's uses.Otay shall provide Tenant with advance notice of any intention to use the
temporary easement area by Otay or any current or future tenant ofOtay.
3.Use of the Premises.The Premises may be used by Tenant only for the purpose
of installing,constructing,housing,operating,maintaining and repairing telecommunication
equipment,including appurtenant antennae and electronic equipment,as further described and
conditioned in this Agreement (collectively,the "Facilities"),for the lawful provision of
communication services.Tenant may not sublease or sublicense any use or space of the
Premises or the Facilities thereon except as otherwise provided in Paragraph 12,below.
4.Access.Otay shall provide access to Tenant,Tenant's employees,agents,
contractors and subcontractors to the Premises 24 hours a day,seven days a week,at no charge
to Tenant.Otay hereby grants to Tenant such rights of ingress and egress over the Property as
may be necessary and consistent with the authorized use of the Premises as outlined by Otay
Operations.Subject to Otay's reasonable rules,Otay shall permit Tenant's employees,agents,
Lease for Telecommunication Facilities Page 2
contractors,subcontractors and invitees to park vehicles on the Property as necessary and
consistent with the authorized use ofthe Premises.Otay shall,at its expense,maintain all access
roadways or driveways from the nearest public roadway to the Premises in a manner reasonably
sufficient to allow access.In addition,Tenant shall obtain such permits,licenses or easements,
from the owners of property adjoining the leased premises,as may be necessary for Tenant to
have access to and from the leased Premises and also for access to utilities.Tenant shall provide
copies ofthese documents to Otay prior to the start of construction.
5.Term.The term of this Lease shall be five (5)years (the "Initial Term"),
commencing on the Commencement Date.Tenant shall have the right to extend the term of the
Lease for three (3)additional terms of five (5)years each by giving Otay written notice of its
intention to do so at least 120 days prior to the date that the then current term would otherwise
end (each,an "Extension Term").In addition,Tenant may request,in writing,two additional
extensions of five (5)years each,which Otay may grant or deny at its sole discretion (each,an
"Additional Term"and together with the Initial Term and Extension Term,or individually,as the
context requires,the "Term").Each such request shall be made in writing no less than 120 days
prior to the expiration ofthe then current Extension Term or Additional Term,as applicable.
6.Administrative Fee.Tenant,prior to entering on Otay Property to conduct its
investigation ofthe Premises,shall provide Otay with a non-refundable administrative fee in the
amount of SEVEN THOUSAND DOLLARS AND NO CENTS ($7,000.00).This fee will
defray Otay's administrative expenses and costs related to the supervision and assistance for
entering on Otay Property to conduct investigation of the proposed Premises,site selection,
planning,and design,including legal expenses.
Additionally,upon final execution ofthe Agreement by both parties,Tenant shall provide
Otay with a non-refundable administrative fee in the amount of TWO THOUSAND FIVE
Lease for Telecommunication Facilities Page 3
HUNDRED DOLLARS AND NO CENTS ($2,500.00).This second administrative fee shall be
used to defray Otay's administrative expenses and costs related to Otay's supervision and
assistance with construction phases of the project.These administrative fees shall not be
considered rent or part ofthe rental installment.
7.Rent.Beginning on the Commencement Date,Tenant shall pay Otay as rent the
sum of $3,175 per month payable on the first day of each month in advance.If the
Commencement Date is other than the first day ofthe calendar month,the rate shall be prorated
for the first month ofthe Initial Term.
The rent shall be increased on each calendar anniversary of the Commencement
Date at a rate of fourpercent (4%)per annum.However,at the beginning of each Extension
Term or Additional Term,if any,Otay may,at its sole and absolute discretion,choose to adjust
the annual rent,effective on the first year of said Extension Term or Additional Term,by an
amount equal to the greater of:(i)four percent (4%); or (ii)the amount necessary to ensure that
the rent equals the amount it would have been if each annual increase during the previous Term
had been calculated based on the average percentage increases in the consumer price index
published by the United States Department of Labor,Bureau of Labor Statistics (1982-1984 =
100) (the "CPI")for "All Items -All Urban Consumers"for the San Diego Metropolitan
Statistical Area for the immediately preceding 5 year period.Ifthe publication ofthe Consumer
Price Index is discontinued,or if the Consumer Price Index is altered in some material manner,
including changing the name of the index,the geographic area covered,the consumers or
workers so included,or the base year,the Parties must use their reasonable best efforts to agree
on a substitute index or procedure that reasonably reflects and monitors consumer prices.After
such an adjustment,the rent shall increase at a rate offour percent (4%)per annum for the rest of
the applicable Extension Term or Additional Term,if any.Otay shall also have the discretion to
Lease for Telecommunication Facilities Page 4
adjust the base rent to then current market rent in the Additional Term if said market rent is
greater than the CPI increase provided for in the above formula.The "then current market rent"
shall be defined as the most recent rent transaction entered into by Otay with other similar
tenants for the same or similar purposes.
8.Environmental.Otay represents that to the best of its knowledge the Premises
have not been used for the generation,storage,treatment or disposal ofhazardous materials other
than those materials normally used by Otay for the treatment of water and that there is no
hazardous waste on the Premises.Notwithstanding any other provision of this Lease,Tenant
relies upon the representations stated herein as a material inducement for entering into this
Lease.Tenant shall not bring any hazardous materials onto the Premises except for those
contained in its back-up power facilities (e.g.lead-acid batteries and diesel fuel)and properly
stored,reasonable quantities of common materials used in telecommunications operations (e.g.
cleaning solvents).Tenant shall handle,store and dispose of all hazardous materials it brings
onto the Premises in accordance with all federal,state and local laws and regulations ("Laws").
"Hazardous materials"means any substance,chemical,pollutant or waste that is presently
identified as hazardous,toxic or dangerous under any applicable federal,state or local law or
regulation and specifically includes,but is not limited to asbestos and asbestos containing
materials,polychlorinated biphenyl's (PCBs)and petroleum or other fuels (including crude oil or
any fraction or derivative thereof).
9.Installation and Maintenance of Facilities.Tenant is authorized to install,
maintain and operate on the Premises only the Facilities described and depicted on Attachment A
to Exhibit D;provided that all permits and zoning approvals shall have been obtained by Tenant.
a.Installation of the Facilities.Tenant's design and installation of all
portions of the Facilities shall be done according to plans approved by Otay,and such approval
Lease for Telecommunication Facilities Page 5
shall not be unreasonably withheld.The Tenant shall be responsible for painting its antennae
and/or equipment to match Otay's facility.Otay will provide Tenant with specifications
regarding paint type,color and application method to accomplish this requirement.
Painting/coating submittals shall be provided to Otay by the Tenant prior to receiving permission
to begin painting.Otay may specify a camouflage design if appropriate.These camouflage
designs may include but are not limited to palm trees,pine trees and flag poles.
b.Record Drawings.Within thirty (30)days after completion of the
Facilities,Tenant shall provide Otay with "record"drawings of Facilities showing and
identifying all the equipment and improvements installed on the Premises.Said drawings shall
be accompanied by a complete and detailed inventory of all equipment,personal property and
antennae located on the Premises and any such property ofTenant located in the Easement.No
property of Tenant other than such identified property shall be located on the Premises or the
Property at any time.
c.Alterations.Tenant shall not alter or change its facilities in a material
manner without the prior approval of Otay,such approval not to be unreasonably withheld.
"Material"refers to any physical change that could affect the building or its appearance or any
change that could disrupt Otay's workplace or communications.All of Tenant's construction
and installation work shall be performed at Tenant's sole cost and expense in a good and
workmanlike manner.Tenant shall have the right to remove all facilities it installs at its sole
expense on or before the expiration or termination ofthis Lease.
d.Improvements to Facilities /Additional Space.If,at any time during the
Term,Tenant requests permission from Otay to add improvements requiring construction to its
then existing Facilities,the then current Administrative Fees shall be payable to Otay for
reimbursement for staff time to process the new request,construction inspection and monitoring
Lease for Telecommunication Facilities Page 6
during construction.If the requested Tenant improvements include additional lease space,a new
lease agreement for the additional lease space must be executed prior to start of construction and
Tenant shall pay the Administrative Fees then in effect,and shall comply with Otay's
requirements then in effect.The administrative fees for the additional lease space shall be in
addition to,and shall not replace the administrative fees for improvements requiring construction
to the Facilities.
e.Permits and Compliance with Applicable Laws.Prior to commencing any
construction or improvements,and from time to time,as applicable,Tenant agrees to obtain all
necessary approvals for its communications operations and for the Facilities and to operate and
maintain the same,at all times in accordance with all applicable laws,rules and regulations.
1.Prior to commencing construction,Tenant shall deliver to Otay
copies of all executed licenses,approvals and permits required by local,state or
federal agency in connection with the Facilities,which permits shall be attached
hereto as Attachment B to Exhibit D.
11.From time to time,as required by law or regulation in connection
with the normal operation of the Facilities or as needed due to improvements or
alterations to the same,Tenant shall provide Otay with copies of updated permits,
licenses and/or approvals.Tenant shall provide written evidence,satisfactory to
Otay of all FCC approvals and other governmental permits and approvals,
including but not limited to compliance with FCC Electromagnetic Radiation
Guidelines.
111.Otay agrees,at no expense to Otay,to cooperate with Tenant in
making application for and obtaining all licenses,permits and any and all
Lease for Telecommunication Facilities Page 7
Premises.
f.Utilities.Tenant shall be authorized to install utilities for the Premises and
the Facilities at Tenant's expense and to improve the present utilities on or near the Premises
Any damage done to Otay'sRepairofGtay's Improvements.g.
necessary approvals that may be required for Tenant's intended use of the
connection with installation operation shall be repaired or replaced immediately at Tenant's
improvement on the property during installation and/or during operations caused by Tenant or in
maintenance ofTenant's facilities.
and promptly pay for all utilities furnished to the Premises for the use,operation and
approval of the location,which approval shall not be unreasonably withheld.Tenant shall fully
(including,but not limited to the installation of an emergency back-up power)subject to Otay's
expense and to Otay's reasonable satisfaction.In connection with the installation and operation
of the antennae facilities,Tenant shall not locate or attach any antennae or other equipment to
Otay's facilities without the prior written approval of Otay.Tenant shall pay all costs and
expenses in relation to maintaining the integrity of Otay's facilities in connection with Tenant's
installation and operation of the antennae facilities.
h.Maintenance and Repair.At all time during the Term,Tenant shall
maintain the Premises and the Facilities in a manner acceptable to Otay.Tenants use of its
facilities shall not interfere with Otay's operation of its improvements.
1.Liens.Tenant shall not encumber or allow the Premises or the Property to
be encumbered in any manner other than as expressly authorized herein.
J.Security.Tenant recognizes and agrees that the Premises and the
Reservoir Site are a sensitive area.Tenant agrees to provide for the proper supervision of all
Tenant personnel assigned to enter and do work at the Premises.Tenant also agrees to,at its
Lease for Telecommunication Facilities Page 8
own cost and expense,comply with any and all security measures instituted by Otay from time to
time.
10.Maintenance and Repair of Otay's Improvements.At any time during the Term,
or while this Lease remains in effect,Otay may,at its option and upon written notice to Tenant,
remove or cause Tenant to remove all or any portion of its Facilities at Tenant's expense,in
order for Otay to paint,repair,or make replacements to its improvements on the Premises (the
"Maintenance Work"),as deemed necessary by Otay in its sole discretion.Tenant agrees to fully
cooperate with Otay's efforts in connection with any Maintenance Work,including removing
and re-installing any portion of the Facilities identified by Otay to be removed.
a.Temporary Facilities.During the course of the Maintenance Work,
Tenant may install temporary antennae,at Tenant's expense,on the leased Premises subject to
Otay's approval of the location.Once the Maintenance Work is completed by Otay,Tenant
agrees to promptly dismantle any temporary facilities and to relocate the facilities to their
original location or to any other location approved by Otay,as appropriate.All work related to
the removal of any portion of the Facilities,installation of temporary facilities,dismantling,
relocation to their original location and any related work,shall be done at Tenant's sole cost and
expense and in good and workmanlike manner.
b.Repair of damage.Tenant shall repair any damage caused by Tenant in
connection with the installation,maintenance,operation or removal ofany temporary facilities or
the Facilities.
c.Otay's option to remove temporary facilities.Ifany temporary antennae is
not removed within thirty (30)days from the date the Maintenance Work is completed,Otay will
have the right to remove the temporary antennae and charge Tenant for such costs.
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Lease for Telecommunication Facilities Page 9
d.Painting ofthe Facilities.If the Maintenance Work includes the painting
of Otay's improvements,the Tenant shall be responsible for repainting its antennas and/or
equipment to match Otay's facility.Otay will provide specifications regarding paint type,color
and application method to the Tenant to accomplish this requirement.The Tenant will be
required to provide painting/coating submittals to Otay prior to receiving permission to begin
painting.
11.Co-Location.Tenant agrees that Otay may enter into leases with other
communication carriers,wireless communications carriers and other utilities for use of any
portion ofthe "Reservoir Site"as long as said leases do not result in unreasonable interference
with Tenant's use of the Premises.Tenant will reasonably cooperate with Otay's efforts in this
regard including,at Otay's request,the relocation of,or changes to,the Facilities;provided that
any alterations or relocation needed,at Otay's sole discretion,to accommodate the new lessee
shall be performed at the expense ofOtay or the new lessee.
12.Subleasing/Encumbrance.Tenant may not sub-lease or sub-license or otherwise
encumber the Premises or any portion of the Facilities without Otay's prior written consent,
which may be granted or denied at Otay's sole discretion.Any sub-lease or other encumbrance
will require an amendment to this Lease and shall specify the terms and conditions for the sub-
lease or other encumbrance.
13.Condition of the Property at Expiration or Termination.Upon the expiration or
termination of this Lease as herein provided,Tenant shall surrender the Premises,and any
Easements granted by Otay in connection with this Lease,to Otay in good and broom-clean
condition,with all portions of the Facilities,including but not limited to equipment,supplies,
buried conduits,and structures removed along with subterranean foundations to a depth of three
feet below grade;or as otherwise agreed to by Otay in writing.
Lease for Telecommunication Facilities Page 10
14.Interference.Tenant shall not use,nor shall Tenant permit its agents or invitees to
use any portion of the Premises in a manner which interferes with Otay's use of the Reservoir
Site for it's intended purpose including communications facilities relating to Otay's operation
such as telemetry/radio communications or any other pre-existing communications facilities.
This would not apply to interference with a tenant of Otay whose use did not "pre-exist"this
lease;except as agreed to by Tenant in connection with the co-location of any subsequent
tenant's facilities.If Tenant's operation in any way interferes with Otay's telemetry/radio
facilities,Tenant will have five (5)business days to correct the problem after notice from Otay.
Tenant acknowledges that continuing interference will cause irreparable injury to Otay and,
therefore,Otay will have the right to terminate the Lease immediately upon notice to Tenant.
15.Taxes.During the term of this Lease,Tenant shall pay before delinquency all
taxes,assessments,license fees,and any other charge of any type whatsoever that are levied,
assessed,charged,or imposed on or against Tenant's personal property installed or located in or
on the leased premises and that become payable during the term ofthis Lease.
16.Termination.
(a)This Lease may be terminated by Tenant without further liability if:
(i)Tenant delivers to Otay 30-day written notice at any time prior to the
Commencement Date,for any reason or no reason;
(ii)Tenant gives Otay six months notice when Tenant determines at any time
after the Commencement Date that any governmental or non-governmental license,permit,
consent,approval,easement or restriction waiver that is necessary to enable Tenant to install or
operate Tenant's facility cannot be obtained or renewed at reasonable expense or in reasonable
time period.
Lease for Telecommunication Facilities Page 11
(iii)Tenant determines at any time after the Commencement Date that the
Premises are not appropriate or suitable for its operations for economic,environmental or
technological reasons,including without limitation,any ruling or directive of the FCC or other
governmental or regulatory agency,or problems with signal strength or interference not
encompassed by subsection (iv)below;provided that the right to terminate under this subsection
(iii)is exercisable only if Tenant pays Otay,as a termination fee,the lesser of twelve monthly
installments of annual rent or the balance ofthe rent due for the remaining term ofthis Lease;
(iv)Otay commits a default under this Lease and fails to cure such default
within a 30-day notice period,provided that if the period to diligently cure takes longer than 30
days and Otay commences to cure the default within the 30-day notice period,then Otay shall
have such additional time as shall be reasonably necessary to diligently effect a complete cure;
(v)The Premises are totally or partially destroyed by fire or other casualty so
as to hinder Tenant's normal operations and Otay does not provide to Tenant within ten (10)
days after the casualty occurs a suitable temporary relocation site for Tenant's facility pending
repair and restoration ofthe Premises.
(b)This Lease may be terminated by Otay without further liability if:
(i)Tenant commits a default under this Lease and fails to cure such default as
provided under paragraph 17,below.
17.Default.
a.Event ofDefault.The parties covenant and agree that a default or breach
of this Lease (an "Event of Default")shall occur and be deemed to exist if,after notice and
opportunity to cure as provided below:
(i)Tenant shall default in the payment of rent or other payments hereunder and
said default shall continue for ten (10)days after Otay provides written notice ofthe same;or
Lease for Telecommunication Facilities Page 12
(ii)Either party shall default in the performance or observance of any other
covenant or condition of this Lease to be performed or observed if such failure persists for a
period of thirty (30)days after the non-defaulting party provides written notice of the default to
the defaulting party.
b.Rights upon Default.Upon the occurrence of an Event of Default,in
addition to any other rights or remedies available to the non-defaulting party under any law,the
non-defaulting party shall have the right to terminate the Lease.
c.Cure Rights.An Event ofDefault shall not exist unless written notice has
been given in accordance with this Lease,and the defaulting party has had the opportunity to
cure as provided herein.The defaulting party shall cure the alleged default within the manner
provided herein;provided however,that if the nature of an alleged default is such that it can not
reasonably be cured within such thirty (30)day period,the defaulting party shall not be in breach
ofthis Lease if it commences a cure within such period,and thereafter diligently proceeds with
the actions necessary to complete such cure.
18.Destruction of Premises.If the Premises or the Facilities are destroyed or
damaged,Tenant may elect to terminate this Lease as of the date ofthe damage or destruction by
so notifying Otay no more than thirty (30)days following the date of damage or destruction,
provided Otay does not provide to Tenant,within ten (10)days after the casualty occurs,a
suitable temporary relocation site for Tenant's facility pending repair and restoration of the
Premises.
19.Condemnation.If the condemning authority takes all the Property or a portion
which in Tenant's opinion is sufficient to render the Premises unsuitable for Tenant's use,then
this Lease shall terminate as of the date when possession is delivered to the condemning
authority.In the event of any taking under the power of eminent domain,Tenant shall not be
Lease for Telecommunication Facilities Page 13
entitled to any portion ofthe award paid for the taking and Otay shall receive the full amount of
such award except as provided herein.Tenant hereby expressly waives any right or claim to any
portion of a condemnation award,except for relocation benefits and goodwill.All other
damages,whether awarded as compensation for diminution in value ofthe leasehold or to the fee
ofthe Premises,shall belong to Otay.
20.Insurance.Tenant shall maintain the following insurance:
a.Commercial general liability with limits of$5,000,000 per occurrence;
b.Automobile liability with the combined single limit of $1,000,000 per
accident;
c.Worker's compensation,as required by law;
d.Employer's liability with limits of$1,000,000 per occurrence.
Tenant shall name Otay as an additional insured on each of the aforementioned insurance
policies and the policies shall state that they are primary and that any policies Otay maintains
shall be noncontributory.Tenant shall provide Otay with written certificates of insurance
evidencing such coverage.Said policies shall expressly provide that the policies shall not be
canceled or altered without at least thirty (30)days prior written notice to Otay.Said policies
shall be with insurance companies with an A.M.Best rating ofAVII or better.
Otay takes no responsibility for the protection of Tenant's property from acts of
vandalism by third parties.The insurance requirements may be changed by Otay upon giving of
notice to Tenant;provided that the requirements set forth above shall be the minimum insurance
requirements during the Term.
21.Indemnity.Tenant shall hold harmless,indemnify and defend Otay and each of
Otay's directors,officers,managers,employees,agents and successors and assigns,from any and
all claims,suits or actions of any kind and description brought forth on account of injuries to or
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Lease for Telecommunication Facilities Page 14
death to any person or damage to any property,including damage to the Premises arising out of
or related to its use of the Premises,except to the extent that such claims,suits or actions arise
out ofthe sole negligence or willful misconduct ofOtay.
22.Estoppel Certificate.Tenant shall,at any time and from time to time upon not
less than thirty (30)days prior request by Otay,deliver to Otay a statement in writing certifying
that (a)the Lease is unmodified and in full force (or if there have been modifications,that the
Lease is in full force as modified and identifying the modifications;(b)the dates to which rent
and other charges have been paid;(c)as far as the person making the certificate knows,Otay is
or is not in default under any provisions of the Lease;and (d)such other matters as Otay may
reasonably request.
23.Assignment.Tenant shall not assign this Lease except to an affiliated parent
entity,subsidiary,purchaser of assets,or holder of its FCC license,without Otay's prior written
consent.If,during the term of this Lease,Tenant requests the written consent of Otay to any
assignment,Otay's consent thereto shall not unreasonably be withheld.Consent to one
assignment shall not be deemed to be a consent to any subsequent assignment,and any
subsequent assignment without Otay's consent shall be void and shall,at Otay's option,
terminate this Lease.
24.Memorandum of Lease.If requested by Tenant,Otay agrees to promptly execute
and deliver to Tenant a recordable Memorandum ofLease substantially in the form ofExhibit E.
25.Resolution of Disputes.All controversies or claims arising out of or relating to
this Lease shall be resolved by submission to final and binding arbitration at the offices of the
American Arbitration Association ("AAA")located in San Diego,California.Such arbitration
shall be conducted in accordance with the most recent version of the AAA commercial
arbitration rules.
Lease for Telecommunication Facilities Page 15
26.Choice of Law and Venue.This Lease shall be interpreted in accordance with the
laws of the State of California,and any disputes shall be heard in a court of competent
jurisdiction in the State of California.
27.Attorney's Fees.In the event that either party commences any legal action or
proceeding,including an action for declaratory relief,against the other by reason of the alleged
failure of the other to perform or keep any term,covenant,or condition of this Lease,the party
prevailing in said action or proceeding shall be entitled to recover,in addition to court costs,
reasonable attorneys'fees to be fixed by the court,and such recovery shall include court costs
and attorneys'fees on appeal.
28.Entire Agreement.This Lease contains all agreements,promIses and
understandings between Otay and Tenant and no verbal or oral agreements,promises or
understandings shall or will be binding upon either Otay or Tenant and any addition,variation or
modification to this Lease shall be in effect unless made in writing and signed by the parties
hereto.
29.Incorporation of Exhibits and Recitals.All exhibits and attachments attached to
this Lease and all Recitals above are incorporated and made a part hereof as if fully set forth
herein.
30.Severability.If any term or condition ofthis Agreement is found unenforceable,
the remaining terms and conditions will remain binding upon the parties as though said
unenforceable provISIOn were not contained herein.However,if the invalid,illegal or
unenforceable prOVISIOn materially affects this Agreement then the Agreement may be
terminated by either party on ten (l0)days prior written notice to the other party hereto.
31.Waiver.Waiver of any provision or term ofthis Agreement,or of any breach or
default hereunder,shall not constitute a waiver ofany other term,condition,breach or default,or
Lease for Telecommunication Facilities Page 16
of a subsequent applicability of a term or condition,or a waiver of a subsequent breach or
default,nor shall it constitute an amendment to the term,condition or provision that is waived.
32.Notice.All notices,requests,demands and communications hereunder will be
retained.Notices shall be sent to the addresses sent forth below:
refused or returned undelivered.Notices may be given by facsimile if proof of transmission is
recognized overnight courier,postage prepaid,to be effective when properly sent and received,
New Cingular Wireless PCS,LLC
Attn:Network Real Estate Administration
Re:Cell Site #:SS0625
Cell Site Name:Otay Campo Water
Fixed Asset No:10068657
12555 Cingular Way,Suite 1300
Alpharetta,Georgia 30004
Otay Water District
Attn:General Manager
2554 Sweetwater Springs Boulevard
Spring Valley,CA 91978-2096
Phone:(619)670-2210
Fax:(619)660-0829
TENANT:
OTAY:
given by first class certified or registered mail,return receipt requested,or by a nationally
With a copy sent concurrently to Tenant's Legal Department:
If sent via certified or registered mail to:
New Cingular Wireless PCS,LLC
Attn.:Legal Department
Re:Cell Site #:SS0625
Cell Site Name:Otay Campo Water
Fixed Asset No:10068662
P.O.Box 97061
Redmond,WA 98073-9761
Lease for Telecommunication Facilities Page 17
If sent via nationally recognized overnight courier to:
New Cingular Wireless PCS,LLC
Attn.:Legal Department
Re:Cell Site #:SS0625
Cell Site Name:Otay Campo Water
Fixed Asset No:10068662
16331 NE 72nd Way
Redmond,WA 98052-7827
33.Corporate Authority.The persons executing this Agreement on behalf of the
parties hereto warrant that (i)such party is duly organized and existing,(ii)they are duly
authorized to execute and deliver this Agreement on behalf of said party,(iii)by so executing
this Agreement,such party is formally bound to the provisions of this Agreement,and (iv)the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound.
Lease for Telecommunication Facilities Page 18
IN WITNESS WHEREOF,the parties have executed this Lease as of the __day of
____,20 This date is referred to as the Commencement Date in the Lease.
NEW CINGULAR WIRELESS PCS,LLC,
a Delaware limited liability company
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By:AT&T Mobility Corporation,
Its:Manager
By:
Name:-------------
Its:
OTAY WATER DISTRICT
2554 Sweetwater Springs Blvd.
Spring Valley,CA 91979
Mark Watton
General ManagerIts:
By:
Name:-----=-="""----'-'--"'==--------
APPROVED AS TO FORM:
Yuri Calderon,General Counsel
Date
Lease for Telecommunication Facilities Page 19
EXHIBIT A
SPECIAL TERMS AND CONDITIONS ADDED TO
AGREEMENT BETWEEN NEW CINGULAR WIRELESS
PCS,LLC AND OTAY TO LOCATE COMMUNICATION
FACILITIES AT OTAY'S 832-1&2 RESERVOIR SITE,
DATED (THE "LEASE")
If any terms or conditions set forth herein contradict terms or conditions of the
Lease to which this Exhibit is attached,as described above,the terms and
conditions of this Exhibit shall control.
SPECIAL TERMS AND CONDITIONS
1.Landscaping and Maintenance.The installation,permitting,maintenance and upkeep,
and all expenses or other obligations related thereto,in connection with any and all landscaping
and irrigation systems mandated by the permitting agencies will be the sole responsibility ofthe
Tenant.Otay Water District makes no commitment for delivery of water for said landscaping,
except ifTenant obtains a water meter for the site and pays for water use.
2.Rent.At Tenant's election,subject to prior written notice as set forth in the Lease,
Tenant may pay rent annually,in advance during each of the five-years of the Initial Term or
during each of the five years in any Extension Term.Once the Initial Term or Extension Term,
as applicable,has commenced,Tenant may not alter its election to pay monthly or annually.
3.Tenant's Financing.Notwithstanding anything to the contrary contained in this Lease,
Tenant may assign,mortgage,pledge,hypothecate or otherwise transfer without prior notice or
consent its interest in this Lease to any financing entity,or agent on behalf of any financing
entity to whom Tenant (i)has obligations for borrowed money or in respect of guaranties thereof,
(ii)has obligations evidenced by bonds,debentures,notes or similar instruments,or (iii)has
obligations under or with respect to letters ofcredit,bankers acceptances and similar facilities or
in respect of guaranties thereof;provided that no such assignment shall become binding on Otay
until written notification is given by Tenant to Otay as provided in the Lease.A "financing
entity"as used herein,does not include any entity which primary business is not that ofbanking,
finance,lending or investing funds and does not include any entity whose primary business is
telecommunications.
a.Waiver of Otay's Lien.With respect to any such financing entity,Otay waives
any lien rights it may have concerning the Facilities,which is deemed Tenant's
personal property and not fixtures attached to the Property and Tenant or,if
appropriate,the financing entity has the right to remove the same at any time
without Otay's consent.The financing entity shall not have the right to operate
the Facilities without Otay's prior written consent,which may be denied if the
financing entity does not meet the definition offinancing entity above.
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Lease for Telecommunication Facilities Exhibit A -page 1
b.Collateral.Tenant may enter into a financing arrangement including promissory
notes and financial and -security agreements for the financing of the Facilities
("Collateral")with a third party financing entity (and may in the future enter into
additional financing arrangements with other financing entities).In connection
therewith,Otay (i)consents to the installation ofthe Collateral;(ii)disclaims any
interest in the Collateral,as fixtures or otherwise;and (iii)agrees that the
Collateral shall be exempt from execution,foreclosure,sale,levy,attachment,or
distress for any Rent due or to become due and that such Collateral may be
removed at any time without recourse to legal proceedings.
c.Disposition of Collateral.Notwithstanding paragraphs a.and b.,above,if
Tenant fails to remove the Collateral,or any component thereof,within five (5)
days ofthe termination of this Lease,said failure shall constitute an abandonment.
Ifthereafter,Tenant or any holder ofCollateral,lender or assignee,whether or not
notification was provided to Otay,fails to claim and remove the same,within
thirty (30)calendar days of the date of termination of this Lease,Otay is hereby
specifically authorized to remove and dispose ofthe Collateral,or any component
thereof,so abandoned at Tenant's sole cost and expense and without incurring
any liability to Tenant,or any lender with any interest in all or any part of the
Collateral,or any assignee ofthis Lease.
d.No privity or obligation.Otay does not have privity with any financing entity
and specifically disclaims any obligation to any such entity,including any
obligation to provide copies of any notices of default or right to cure under the
Lease.
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Lease for Telecommunication Facilities Exhibit A -page 2
EXHIBITB
TO AGREEMENT BETWEEN NEW CINGULAR
WIRELESS PCS,LLC AND OTAY TO LOCATE
COMMUNICATION FACILITIES AT OTAY'S 832-1&2
RESERVOIR SITE,DATED (THE
"LEASE")
List of Attachments to Exhibit B:
ATTACHMENT A.DEPICTION OF RESERVOIR FACILITIES
ATTACMENT B.LEGAL DESCRIPTION OF THE PROPERTY
ATTACHMENT C.LEGAL DESCRIPTION OF THE PREMISES
ATTACHMENT D.DEPICTION OF THE PROPERTY AND PREMISES
Lease for Telecommunication Facilities Exhibit B -page 2
EXHIBITB
ATTACHMENT A
LOCATION MAP
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832-1 &2 RESERVOIRS
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VICINITY MAP
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EXHIBIT B ATTACHMENT A
EXHIBITB
ATTACHMENT B
LEGAL DESCRIPTION OF THE PROPERTY
All that certain real property situated in the County of San Diego,State of
California,described as follows:
All that portion of Tract "F"of Rancho Jamacha,in the County of San Diego,
State of California,according to Partition Map thereof filed in the Office of the
County Recorder of San Diego County,in Case No.13,Superior Court,entitled
Wm.M.Keighler,et ai,vs.Mary H.Eddy,et ai,more particularly described as
follows:
Commencing at Corner NO.6 of Tract "E"of Rancho Jamacha,said corner being
the Northwest corner of Section 36,Township 16 South,Range 1 West,San
Bernardino Base and Meridian,as shown on Record of Survey Map No.6069,
filed in the Office of the County Recorder of San Diego County;
Thence along a line shown on said Record of Survey South 0°07'West 1313.45
feet;
Thence South 89°53'East 649.99 feet;
Thence South 20°11'East 293 feet;
Thence South 40°19'50"East 152.86 feet;
Thence South 22°47'15"East 775.15 feet;
Thence South 72°29'15"East 3791.98 feet to the true point of beginning of the
property herein described;
Thence North 3°43'21"West 110.09 feet;
Thence North 86°16'39"East 399 feet;
Thence South 3°43'21"East 408 feet;
Thence South 86°16'39"West 399 feet;
Thence North 3°43'21"West 297.91 feet to the true point of beginning.
Assessor's Parcel Number:506-021-06-00
EXHIBITB
ATTACHMENT C
LEGAL DESCRIPTION OF THE PREMISES
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EXIIIBIT "If'
(PHOPOSfD LEli,:SE AHE~)
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12118 CAMPO WATEH ROAD
SPRING V~\fJ.F::/,C/,H1.fj7B
EXHIBITB
ATTACHMENTD
DEPICTION OF THE PROPERTY AND PREMISES
ARC Ii I TEe T
1 8 9 U e 9 REV I 8 I0:>N~
T01 IDLE SHEET
201 SITE PLAN
201.1 BMP PLAN
202 AREA PLAN
203 ELEVA110NS
204 ELEVA110NS
205 DETAILS
L01 LANDSCAPE PLAN
c~~'ZWqWN~OIEGOrrL:og:5~g'ROAD
SPRINGVAlLEY,CA9197B
~116'55'45.33"Ww..D11l8J
EXsrw;flOOR 'RF.·'I'
UJllilJJlL32'-H-'01.65"NHAOI9BJ
fXl5DHqrrpFOFCOtfSTRIICDON'I'
PRQIFCIQFSCRIPTIQN'
THE PROJECT CONSISTS OF THE INSTALLJ.TION AND OPERATION OF (11)ELEVEN ANTENN.o\SANDASSOC'AT!:O EQUIPUENT CAtlINE'TS FOR AT&T WIRELESS TELECQl,IUUNICATIONS
NElWORK,
A TOTAL OF (11)ELEVEN ANTENNAS ARE TO BE "OUNTEO ON AN EXISTINC WATER TANK,
TKE EOUIPt.<ENT CABINETS,AT CROUND LEIIEL,AAETO 8E"LOCATED BE,IINDAPROPOSED24'-S"•a'-s-•B'-O"HICH C~U WALL WITH "-'I OUTDOOR EOUIP~ENT fU>,CK
THE FACiLITY WILL ENKANCE THE CENERAL HEALl11,SilFE.Tt',AND WELFARE OF THE COIJflrt'~I~i~~~~g~~INCCITIES BY PROVIOlfiG ~ORE flElL'IBLE CELLUlAR CO~~UNleATION AT
NOTE:EXISTINCCARRIERS:T-I.i08IlE,VERIZON,SPRINT,NOOLl
88-625-01
OTAY CAMPO WATER
12118 CAMPO ROAD
SPRING VALLEY,CA 91978
Af2t5ktc61rNT,
B925LUSKBLVa
S)N DIEGO,0.92121
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692~lUSK BLVOSANOIEGO,CJ.92121a58.G~2.9HSPHONE
at&t
DRIVING DIRECTIONS mo~AT&:T WIRELESS OFFICE:
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-TAKE HW";'9~EAST
-TURN RIGH DN o..UPD ROAD
N
EEl
THOJ.IAS BROTHER'S UAP /1272-,0,7
N
VICINITY MAP ~--1
,l,J,.L n-u.T ~ORTION OF'TR.l.CT "F"OF RANCHO JAAlACf-L'.IN THECOUNTYOFS»l ~ECO,STATE OF C.lJJFORNIA,ACCORolNC TOPARTITION1.lAPTi1f;REOF,Flao INTi1E OFFlCE OF THE COUffNCL£RKOF'~0IEGOCOUNTYINC'SENO.13,SUPERIOR~eU~:.ENTITI.£O WI,(1,(.KElGKL£R,.to 01"VS WRY H.EOOY,
CONTACTS r0l----------~
.,WORK SH.II GDl.jp YwIH mE EO 'QII/'~PI CAfl E CODES'
CAl.JfOIDIt.<,I.!ECHANI~LCOOE.2007EOIDON
CALIFORNl.'.elECTRICAl.CODE,2007 EOIDON
CALIFOFltfI.l.FIRECOOE,2007EOiTlOtf
~ESTTHR~C~~N~o~~~:::::r~R~AJl~OST
PROJECTINFORMA110N [2]----------3FACIUTfISUNW.~NEO ANO NOT FOR HUl.lAN H.'8IT,o.TIOtf.WIFlQESSTELECO~~UNlc:,o.nOtfS UFCH.'.tfIC.'J..EOUIPI.IENT ROO~S AAE EXE~PT FROU~5~~~~~~fNTS TO PRO'ME 8UILDINC UPGIWlES FOR OIS'>flLEO ACCESS PER TKE
cae SECTION 1I0S8-ElUIUJltfC ACCESSIOIUTYCALACSACCt:sSISIUl"(STANDARDS 1f'.'TERPRETIVEl/J.NLW..
SHEET INDEX I,1l----------LiJ
SHE I!T 1tf Fa RUilTIOH
01DO..ATO,o.SSOO;:IATES
AFlCHITECTURE_CRAPHICS
T01
01.<-F911 TITLE PAGE:
LEGAL DESCRIPTlON---------@]SPECIAL INSPEC110NS r7l----------~ADA COMPLIANCE I-7l----------L2J APPROVALS fOl----------~
SS-€i25--G1
A A e HIT f C T
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o Fl8ER ROLLS 0 GR.'.;a-BAG...8ERLloSTREeTSWEEPING,l,NO VACUUl.lINC rEf SANDBAC s,.IR~ER ............
o STORI'DRAIN INLET PROTECTION 8'l.lAT(RLAL DELlVERY,l,ND sToAAOE.......
0STOCKPlLElAANACELtENT 0 SPILL PRMNTIDN ANO CONTROL
B SOUD WASTE I,lANACElJENT 0 CONCR(TEWASTE LtANACEIoIENT0'STA.9IU2ED CONSTRLlCTION ENmANCEjOCIT 0 WATER CONsEAVATlON PAACTICES
o DEWATERING OPTIONS 0 PAVtNGANO GRtNOING OPERATIONS
o VEl1tcLE Al'ID EOUIPl.lENT WJNTENANC(o ANY !.lINOR SLOPES CREATED INGIOENT,IJ.TO GONsmUCT10N AND NOT SU8JECT TO A IolAJOR DR !.lINOR CRADIIoICPERl.lIT SI-W.L6E PROTECTED 8YCOV(RINCWlTH PlASTlC DRTARP PRtQRTO A RAIN EVENT,ANOSI1Al.LK'.\,'EVECErAThIECOVERREESTABLISHEDWITHINlaoCAYSOFCOIolPILTJONOfn-lE SLOf'EAND PRIOR TO FIWlLaUllDINCAPPROVAL
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I,>lDo,u:roASSOCIAT5SARCHITECTURE_GFl>.~HICS
Z01
SITE PLAN
SS-625-01
....R e HIT!!a "l
Z01.1
8M?PLAN
SS-625-01
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121 SOLID W~TE r.w.I.4CEUENT 121 CONCRETE WASTE w.NACEl.!ENT
121 ST.lBIUZEO CONSTRuonON ENTRANCE/EXIT 121 Wjl,TERCONSERVAnON PRAC'nCESoOe;wAT(RINGOPTIONS 0 PAVING AND CRINDING OPERATIONS
o VEHICLE ANa EOUIPl.lENr WJNTENANCI:o »t'fMINORSlOPES CREATEO INCIOENT"-I..TO CONSTRUC7l0NANO NOT SUBJECT TO""UA,JOR OR UINORGAADINGPERUITSH,lJ,.L BE PROTECTED BYCOVERINGWITll PLASTIO OR T....RP PRIORT0""RAIN MNT.z;g ~;:;c'"*~V~,~G~G~~NGCO~R~~TABUSKED WITI'IN \80 DAYS OF COMPlETION OfTIlE SLOPE
o NO aLjP.NEEOED.ACTMTlES ME NOTCONSIOEREO TO GENERATE POLLUTmTS.
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39-625-01
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-
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ISTINCANTENNASTYP_(10FI5)
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~~~~~~~:_~~~,~~~~"A::T~IO~N ~38--625-01
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EXHIBIT C
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AT OTAY'S 832-1&2
___(THE
TO AGREEMENT BETWEEN
WIRELESS PCS,LLC AND
COMMUNICATION FACILITIES
RESERVOIR SITE,DATED _
"LEASE")
DEPICTION AND LEGAL DESCRIPTION OF
TEMPORARY TRENCHEASEMENT
Easement Requested?
Easement Granted?
DYes
DYes
D No
D No
IfEasement granted,complete the following information:
For good and valuable consideration,receipt of which is hereby acknowledged,the Otay
Water District,as Grantor,hereby grants to New Cingular Wireless PCS,LLC,as Tenant,a
temporary Easement to excavate,remove dirt and do any act necessary to install,operate and
maintain power lines and connection lines as required in connection with the communications
facilities and the antenna to be located on the Premises.The legal description ofthe land subject
to the Easement is as follows:
A drawing depicting the Easement is attached hereto.Tenant may not sell,transfer or
assign the Easement herein granted to Tenant.Tenant's rights under the Easement are
specifically limited to the installation of such power lines,transmission lines and other
communications lines and accessories as required to efficiently operate Tenant's communication
facilities on the Premises.
Lease for Telecommunication Facilities Exhibit C -page I
The Easement shall automatically terminate on the day that is thirty (30)years from the
date of the Lease.However,ifthe Lease is terminated earlier for any reason,the Easement will
become unenforceable and,for all purposes,terminate on the date the Lease is terminated.
Grantor reserves the right to use the lands that are subject to the Easement in a manner
such that it will not interfere with Tenant's use thereof.
Grantor retains the right to remove,at Tenant's expense,from the surface of the
Easement any item,structure improvement or portion thereof that interferes or conflicts with
Otay's use ofthe Property.
Tenant agrees to indemnify,defend and hold harmless the Grantor for any damage to
property or person (including death)and any,claim,suit,action,cost or expense arising in
connection with the Easement or Tenant's use or installation of any item,line,facility or other
thing in connection therewith.
Tenant agrees to maintain the portion of the Property subject to the Easement in
substantially the condition it is on the date the Lease is executed,excepting only such changes as
are accepted by Otay in writing.
;1~)
j
Lease for Telecommunication Facilities Exhibit C -page 2
EXHIBIT
(P:ROPOSED C-oA>~E)\SEMENTS)
Li[:G1~\)N:~}G [)E~.\R$SOLJl~"1 7,~3~i<'t{)'i 'j';CAS'-r;·~T'iENCC.f.,JORTHEi:·::L.\"/~~::·jl".;(3
C~jTFi~AL lV'·iCiLE ~)F :rY2\)'>"rr··\"}·JC.NcCy,f'jJf{TH 07 12~54~!vr:.':(:;T
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1
n,;
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M.t<UGHL[r-~>fT AL\:/S.MAf(y L'ETAL,THE GC:NTFRUJ~E-S OF~Vn,nC>i APE \f)HE Pj\~tT1CULAf?L"r'DE~3CR1BED A.~.)fOLLGVfS:
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DOCtHAEi'ri PEr;OnOE.]){IN ;L~\HU/~}ft 2H~196·4 AS iNST'FN./\'~E.NT NO.16S-50.OF OFft{)).J,r?ECORDS OF SAH)COUNTY~/:::':;SHfYilr-i UhS ·RECOFD OF SURVE'{NO.f3666,FlLED iN THE OFfiCE:Of THE:(:(JUNTY :.f~ECOFZDEn~,i'::~4N n<-'.'GG ('CUr-,j7Y Gt·,l \h\RCH -1 OJ '1066 i\S 'FiLe ;\().;,'V-SBEI;THCNCf i\LONG T},1f.:.5Ctrn··iE.fZL.Y LH<E (JF
SAiD ()J(64 655C},h.iORTH aO"j C/..39'"[c'\ST,A DiSTA.NCE·OF 27''7:13 F"EET~T,HF~iCE tFA\(HG ~:;J\LD
'y'l...!UF AT }.\.H~CHT ,AMCLF,NGfrrr'~D?/4·.:Y21"V/F:ST,,'\LHST/\NCF DF ·<3-5.:~~.i:1·<FTY'y;(j--n:.·:NCF'j NOF?'~},j
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nORTH 0£<12:46,j V/L:ST,;\D~SlAMCE ur';~.,19 ro tHE
T~--LC SOUTHFA;:3"r HA\/INC /\RADiU:.j ·or·-'}.CC)
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fHf]'"jCE"\i'OrrrH e-t~1B"'l·tj EA>3T A DfST/\NCE'OF 26,55 FEE.T'r~JOrtrH 5rS5 .ct.\(Y::iTr'\,j\lCE'',;~'/,,49 ;:·T."C,'T THF GF·i\(10;+··,T/\i"'';CE\~T (;1 C()NCAVE TO THE ;·K)fr->;;',<·H/<,VINO l\n/Dg.r:~;0;:29,07,~EET~/\.F'ADii\L TO SAiD BECkJ.?'Jih·(;Bf:,,\i:;S SCUTl··i 3Er04}2,31"EAS'"!",Fl.iEJ-JCE·,
\iC1P,;'TH["\.~:'1·CH;~.,·f )\.;,.,C)NG S/;,iD CURVE '1'1,'?G F"eLf THr(OUC>"~1\CENTf<AL A>iGLE OF
~:1EJ.~~HiHi{·cV;i)F"C-()MF~{)t)'-H)CUR\;'E COt,}C,\V[TO L\::;,,;l\\/lr·iC i\F:.~\DjU3 Gi:'+CL HAGV\t
)S~j ·,--H~2~5~{}.1
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~w/eJ~)fi:fEJ {j?'1(n,&~"f":?J~~~?8'~~!il~~er~~~}~f
AND AS:;·OCli·....TES
LAND SUF~VEYIN::~&."
'$1HB N9.WAY }1••'..;1~.•_~}.);v.~:~,-<...j
(;C'STA ~-<lES/\.
DEUi>Jf\HHG AT 'n'IE SOUTH}NEST C()[~NCF:OF THE Lt\ND CRJ.\NTED Tn {JIA.Y f~·-HJ\tC1PAL Wl<TEH D~STf'·~!C:T H\J '{HE
DOCUh1f),n r~t~-COH0E.D ON ,3/\NtJA,HV 2b.9S4 ;\3 $NSTRUMFNT dO."j 55.50,OF OFFiCI!".!.RFC()f~i~~::~~()F ~0\Hl
COUr-HV',la,S SHOV/1<1 O:~~nEc-r}RD Of::..;UFtlEY NO,6BGG,FiLED j>~''f)''iS'OFTiCE Of f.)'-iE COUNTY fd:~CG1\DET-(
OF S:A\l DIE~GC COUNT';"Of",)}..l/;,F:CH 1~~'JGG AS F~LE NO"4'j5d!>;·rHEt'·~GE !\L,ONG T}"iE'SGLJ·THERL.Y L!NE or
e1"5:)~1 Y¥E'ST~i\i)[Sl/\NCC Of ;}2.,d~}FEEr~THFNiCE!f.j6·,)H'5't"~lNLSL ;\Ui~ji:J,\t"H:L:.,l+.~){j.Jb r'LL\
TO THE'8tG)NNj~·jG OF /\N()N~"~Tl~N8E,r'ir CURVE CDNCAVE THE I<.·IORTH ;"-l:<\VINC !\RAD!U~)OF f32~~')J F:E~'.FJ·,
i\R'·\DL\L Lt~·~F TO -S'l\lD DE:G;NNji',·JC DEj\f<S SOUTH J';~OG"OU;->FAST;Ti'·jENCF,\VCSTFf~lvY ,\L.O>"G ~.).A~tJ C~j:~'~~:\iE
~;f),~:)::;FEE'T T1 ;}~{)UGH A CEr'-fn'~:AL ,\f'.!CLC O:c c·!J~~.:i]·'5}i>~TH[NCE~NOFffH OE)"1 n~2f),r ":':,/\ST;-~\D~ST,i\tv'JCC.;j.
1~,CiS FT:~ET
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;&.}H:~1 }\T THE Jj~~~lJc......e.G.t~jT...~(}E..".dL(;R';hH:~E~dY /\t.JNF GEf\F{lNG SOUTH ao"4/"1 4··~\VEST AGID ;"'~Grrn"JCr<L"(AT
~..;i<~:.,[JLAi'~IHG y"oGFrn···,!H;l"4·;}'A-O:l<WEST
(
I
i)
ISSUED FOR REVIEW 109/12/09 cww
RO.S.8886
EXHIBIT "C"
(PROPOSED COAX EASEMENTS)
TRUE POINT OF BEGINNING
CENTERLJ~jE
N86'16'39"E (SOUTHERLY UN~O.R_~'lti550)_.
-277~"
LEGEND;
T.P.O.B.
ct
poR-noN OF THACT
JvJJ-\P -j{3-J2
JJ-\JV!J-\C}-JJ-\FU-\]\JC}-J
\
JI I!I
I
I\I '
I \I \,,-L_-----~L-
IC'.W.CORNERIO.R.64--16550I(POINT OF
BEGINNING)
!REV.#!DESCRiPTlON DATE BY
LEGAL DESCRIPTION EXHIBIT
88-625-01
DrAY CAMPO WATER
12118 CAMPO WATER ROAD
SPRING VALLEY,eA 91978
PREPARED FOR:
at&t
12900 PARk PllIZA DRIVt:
CERRrros,CA 90703
PREPARED BY:
lB/MR!!lJ!1 ~~\~iff!J'!!i!!!J~.h=:.J'=l:J J£~~~.JFjJ
AND ASSOCIATES
LAND SURVEYING &MAPPING
3188 AIRWAY AIlE.,SUITE K-l
COSTA MESA,CALIFORNIA 92626
714-557-1567 OFFICE
714 557-1568 FAX
SHEET
5
OF 7 SHEETS
DRAWN:9/12/09
BY:CWW
CHECKED:JA/BH
IN.205.083
EXl!IBIT "D~'
A Sn'1JP OF LAND,:?FEET ~f·.f WIDTH.OVEfx THAT pOFrnOf,J OF TRACT .'IF!J OF F.?J\NCHO JAMACH},;~N ·fHE:
GOUt~nY OF SAri DjEG{)~STATE OF CAUfOHi-\HAj ACGCRDF'··JG TO p;\RTrnON MAP 'rHEf~EOr>FiL.ED H\~THE
OFFlCF OF THE COUNTY CLERK OF SAN DiEGO CUtH'{f\'iN CASE NO.'1 3"SUPER~CH CCHJi\T.ENTlTLED W'rA.
lA.KEJGHLE.F<)ET .AL"YS,~ltt'-.F<Y l,·t EDUY ET t\L.Tt-H::C~J,rTFF?Ur~E OF'\VH~CH !S MORE FARTj(.:t.n.JV~LY
DESCFnBE[)AS rOLL()ViS:
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DCiGUHEHT F~f:COP:DED ON dANLLA}~:Y 2B.,'\964 A'~:;iHSTr(Ur,A~~}JT HeL 135:50.(}V OFFtCL~L ~:F:.c()HfY:;GF-SAtD
(';c,~.!~Jr(,A~~SHOV1N CJ~-J r~E:CUFxD OF SUF?VFV Nt;.1;~Sf-><Vii FD [j\j -r~'-IL:DFFiCE UF T'HE c()!..p,rry f~ECOF~Dr:H
Cjf:SA\l D~LG()CO\jf·-r]·~{(})"1 ~A);if~CH ",.J,~9GG A:')r";:""<.",;Sf3S;-rH[\iC:F ,A.LO~JG Tr..t:~S(iUT-HEnL'y'UNE or
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CONCi\Vr.:fHL:;·;CLr;·I---~\VC5T H,-A,\/~r··jG fV1.DiUS ()r:'4.CG f"~;.~l:.'_T;_THL:f\j·GC=.1
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SC)Lrn---~c)t/-~~ofl'_2n;''NE:_)T~i\D13TANCE OF ,~)CL -1 ?F"FCT TO
'C:UNCA'v't:i'",!r \GFtTh t-'!j,\ViNG -f\~--\/\UiU~3 ()F bG,b2j rF~ET,/\
f\ADtAL l);\lf TO S}\ID nFGfNt~JlNG DEA::S.SOUTH :s -l<O(}"'un'~FJ\S'i-','rHE~'''1CCf 'NE:STf.T~L'-t ALD_hIG sP~~tJ CJ)H\/F
9-4·.:50 FEET Tr-H\OUG~'-"i f\CEi'JTfV\L !\NCLE OF gfTO(}"2~,/\THENGr.~:30UT}-'1 G~r 1O'52>~WEST,/\DIST},.NCC ()F
24,,32 Ff~:::"'n-'~FNCF'>NOrtTH G,:-:/;::2~:2g'"WE>_~T"f\t':iSTA.NCC.OF 69."77 FT,Cf'THEN-CE~~;O'LrrH ;SEroi t4AJ;;\NF,ST
A OF 37,l:3-4-FCE'f TCj THE:DLCjNHJhjG /\N(}f\..·";'AHGE\rT CONCAVe.TO THE S01,JTt·jf:>\~<T
k'!/,VH¥:;/}"OF~'52.G.~·5.j ~··t.t.i.HACi,<..~'.,-n ,<~>VD Bt~ClN(JitF.;;-DE)\F-;S NCdrH·!l~T-4..:rC-GH
THEr·1CE,SCJrn-·-i\NESTEf1L'(/\LOf~G SA.!D Cl)F?VE 224-./4 FT~l'r-'n,\T<GUCJ--i r.GFi'rTR-'\L ANCLE OF
Tr-rEJ1CE:,SCUTH5rt}/"-3f:1'!'~VEST,/\t)jST".ANCF.or 129,'{4 FCTT;THf::NCE:_SCUTl-j ,t4'4G/O~('~
SS--62r:l--O 1
CA]vIPO lYATF:R
12tH!GAJ\lPO YiA'Il':H HOAD
3PR1!'>iG VALU;Y,Cit 91 \)'//:55"/-·-·i56?utFiG€
!~6:\:.!:y,'}FA'f..
EXHIBIT "n"
(PROPOSED POWER EASEMENT)
POFcnoN OF TFV-\Cr 11F11
JvJJ-\P j-B-j /.
JJ-\JvjJ-\c.HA FU\N c.H
SCALE:l'~(lIj
T.P.O.B.TRUE POiNT OF BEGINNING
a:CENTERLINEL.
L.E:GEMQ:
r,>r'>r-'>r,>bbob
S.W.CORt'-lER
O.R.64-'16550
\
(POINT OF
.BEGiNt·JiNG)
i ~0 R 64-16550)
\
I '39""-IsruUTHERI Y UNE,.,~--1/N86'1~,L '_----
~277.13
ISSUt--D-rO-RR-EV1-EW-'09!12/09!cWW
_lffJ.·..~!ff!!.~~7f!JI(ffJlJ .r;'Y?'!l~lEli.~~"&!]
AND ASSOCIATES
LAND SURVEYING &MAPPING
3188 AIRWAY AVE.,SUITE K-1
COSTA MESA.CALIFORNiA 92626
714 557-1567 OFFICE
714 557-1568 FAX
I LEGAL DESCRIPTION EXHIBIT
88-625-01
DTAY CAMPO WATER
12118 CAMPO WATER .ROAD
SPRING VALLEY,CA 91978
PREPARED FOR:
at&t
12900 PARK PlAZA DRM:
CERRITOS,CA 9D7DJ
PREPARED BY:
REV.#DESCRIPTiON DATE I BY
SHEET
6
OF 7 SHEETS
DRAWN:9/12/09
BY:CWW
CHECKED:JA/BH
IN.205,083
POFcnoN Or TrV-\CT ijFti
JvJJ-\P -J-6-J2
JJ-\JvJAcHA nANcH
EXHIBIT "n"
(PROPOSED POWER EASEMENT)
I!~I
III
I
T.P.O.B.TRUE POINT OF BEGINNING
C£CENTERLINE
iSSUED FOR REVIEW 09!12!09LCWW
REV.#DESCRIP110N DATE i BY
SHEETLEGALDESCRIPTIONEXHIBIT
88-625-01I_~~AX ~~MPO WATER
12118 CAMPO WATER ROAD
SPRING VALLEY,CA 91978
PREPARED FOR:
at&t
12900 PAAK PlAZA DRIVE
CERRrros.CA 90703
PREPARED BY:
1Bi~JB!tlflJ lfEAe!fii!!h.:!2J:J!:l:J '=I::::J:::JCI
AND ASSOCIATES
LAND SURVEYING &MAPPING
.3'188 AIRWAY AVE.,SUITE K-1
COSTA MESA,CALIFORNiA 92626
714 557-1567 OFFICE
714 557-1568 FAX
7
OF 7 SHEETS
DRAWN'9/12/09!
8Y,CWW
CHECKED,JA/8H
IN.205,083
EXHIBITD
ATTACHMENT A
DEPICTION OF THE TELECOMMUNICATION FACILITIES
JII
"i
glO(l>lA.TOAllSOCIATESARCIiITECTUR~.GRAPIiICS
88-625-01
BMPPLAN
Z01.1
" R 0 Ii I Tee T
C5Dl.C~
f'l.CT9CALE1'1l2.-'D'lKZE
11111U e lJ Rev111110 N ,
eli E1;1 I NPORWJ.TION
EXISnNG 40'WEMENTFORROAD
----l
SOUD WASTe:UANACEMENT
w.,zAAOOUS WASTE w..NACEMENl"
CO~Re:rrWASTE l.iANA.CEUENT
SANITARV/SEPnc WASTE l.I»l.l,CEI.lENT
srRAW MULeIi
SILT FENCE
STABILIZED CONS11lucnON ENTRANCE/EXIT
IlATe:RW.OEUVERVANDSTOftO,CE
2,2.1:CONSERl/ATIONOFNATURALORAINAGES,WELL DRAINEO SOILSANOSIGNIFlCANTVEGETATION\
PROPOSED AT&T WIRELESS OIJTtlOOR
EQUIPloiENT (4 CAElINrn ,OToll)l~j,';"~",,,,,,,,,ro,.",,"..u.
2.2.+I.lINIt.l12ESOILCOt.lPACTION,REDUCE OVERAll.~~~a%csr
o GRAVEL BAr;;El€Rr.IoSANDMGBARRIER
0W.TERW.OELrvER"(~OSTOrw;E
OSPllL PRMNTlONIo.NOCON1ROL
eCONCRE:rEWASTEl.lAN.'.GEI.lENT0'WATER CONSERVATION PRACTICES
o PA'VlNCANO CRIIolDINC OPERATIONS
~1SJ1~~R~N1"ENNAPOt..E
EX1STlNGS'lilCHCHAlNLlNKFENCETOREliAl
EXlsnNc 4<1'HIG1-l TREE ---.J N
PROPOSED ROUTE OF COAX ~CONourrlNUNoERCROUNOTRENCH;PATCH AND REP~R
AS NEEOED ~B:::M::.P.:P.:LA~N=________________________________1
1/16"=1'-0"
SS-~,STRAW MULCH
o VEHICLE AND EQUIPMENT WJNTENANCEoANYl.lINOR SLOPES CR£O.TEO INCiDENTAL TO CONSTRUCTIONANO NOT SUBJECT TO Aw.JOR OR MINORCRIIDINCPERMITsf1AlLBEPROTECTEDBYCOVERIN(';WITH PLASTIC OR TARP !"RlaR TO ARAIN EVENl',~g ~~~1.~c~~~~g~R:..1:TA8USHED WITHIN 180 OA\"'S 0,COt.lP~f.:TlONOFTHE SLOPE
o NO SUP.NEEDED,ACTMTIESARE NDTCONSIOERED TO CENOlATe:POllUTmrs,
Wlol-S,KAZARDOUS W/ISl"EMANAGEMENT
-------EXlSTINC20e:.o.sEl.lENT~""-""""""""
o FlBER ROLLSoSTREETSWEEPINGANOVACUUlAlNGoSTORl.l DAAlN INl.£'T PROTECTION
o STOCKPIL.E WoW.CEloiOOoSOLJDWASTEMANACEMfNT
0STASIUZEDCONSTRUCTlONENTI<ANCE/EXIToDEW",TERINCOPTIONS
"""'-'!llll:
THE 8MP~SEL£CTtD AAE THOSE Tl-IJ\TWlLL BEI"'PL~ENTED DURING CONSTRUCTION OF"THE PROJECT.THEAPPUCANTIS RESPONSIBLE fOR THE PI.ACEUo;t.lTANO I.lAJNTENANCE aFTI1E BJdPs SELECTED.AITAcHDESCRIPnONSOriNEa"p.~01liEIRAPPUCATlON(Av,oJlA8Lf AT THE OPW COUNTER)AS AnACHMENT A
~SILTf'(NCE DDESILTlNGaASIN
ROUTEOf'PROPOSEDPOWERINUNDERGROUNDTRENCH,PATCHANO
REPAlRAS NEEQI;O
II
-------t....................
...._-....-........
-----
EXHIBITD
ATTACHMENT B
PERMITS
COUNTY OF SAN DIEGO
DEPARTMENT OF PLANNING AND LAND USE
5201 Ruffm Road,Suite B
San Diego,CA 92123
858-694-2960 RECEIPT NUMBER:
Cashier:
Page 1ofl
09-0587360
JTANA2PL
APN:506-021-06-00
DATE ISSUED:28-AUG-2009
PERMIT:101920090148
SCOPE:COMM'L MISC (ANTENNA,CANOPY,RACKS)
SITE ADDRESS;12118 CAMPO RD
SUBDIVISION:
CITY:SPRING VALLEY,CA 91978
Fees Calculated 12Months Back
PARCEL OWNER:OTAY WATER DISTRICT
ADDRESS:
CITY/STATE/ZIP:,00000
PERMIT OWNER:AT&T MOBILITY
ADDRESS:5738 PACIFIC CENTER
CITY/STATE/ZIP:SAN DIEGO,CA 92121
Description
CHECK #31170
Date
28-AUG·2009
28·AUG-2009
28-AUG-2009
28-AUG-2009
28-AUG·2009
28·AUG-2009
28-AUG-2009
28-AUG-2009
28-AUG-2009
Payment Code
,CHECK
Fee Code
lCOOOOIXXO
lC00008XXO
ICOOOl6XXO
ICOOOl7XXO
IC00043XXO
IBPOl45XXO
IC00040XXO
lC00041XXO
ICOO021XXO
Description
BUILDING PERMIT·VALUATION
BLDG PERMIT -DISABLE.ACCESS
STATE FEE (COMMERCIAL)
SEISMIC FEE(COMMERCIAL)
ARCHIVING FEE -LETTER/LEGAL UP TO llXI7
ELECTRIC PERMIT ONLY
ARCHIVING BASE FEE -RECORDS RETENTION
ARCHIVING FEE -PLAN PAGES (OVER llX17)
GREEN BLDG FEE (RES &COMM)
Totals:
Paid to Date
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
This Receipt
$639.50
$63.95
$6.15
$21.00
$40.00
$226.00
$8.20
$48.30
$4.00
$1,057.10
Tendered:
Change:
Balance Due:
Balance Due
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Amount
$1,057.10
$1,057.10
$0.00
$0.00
"
tII
fl
I
IIii:
i
COUNTY QF SAN DIEGO
DEPT.OF PLANNING AND LAND USE
BUILDING DIVISION
5201 Ruffin Road.Suite B
San Diego,CA 92123-f666
(858)565-5920
FEE STATEMENT
Permit Type &Number:1019 -20090148
Permit Description:PERMIT-COMMERCIAL
Project Name:
Permit Owner Name:AT&T MOBILITY
Site Address:12118 CAMPO RD
SPRING VALLEY,CA 919
APN:506-021-06-00
Project Description/Scope
Cross street:JAMACHA RD.
Statement Date:28 AUG 2009
Project No:
Client No:
Description of Work:UNMANNED CELL SITE INCLUDING THE INSTALLATION OF 11 ANTENNAS ON
EXISTING WATER TANK,225 SQFT CMU WALL WITH EQUIPMENT CABINETS BEHIND &200 AMP SERVICE FOR
AT&T MOBILITY
Fee/Deposit Details
Fee Code Description
Valuation:$100,000.00
Acct.Code Amount
lCOOOOIXXO
lC00008XXO
lC00016XXO
lC00017XXO
lC00021XXO
IBP0145XXO
lC00040XXO
lC00041XXO
lC00043XXO
BUILDING PERMIT -VALUATION
BLDG PERMIT -DISABLE.ACCESS
STATE FEE (CO~lERCIAL)
SEISMIC FEE (COMMERCIAL)
GREEN BLDG FEE (RES &COMM)
ELECTRIC PERMIT ONLY
ARCHIVING BASE FEE -RECORDS RETENTION
ARCHIVING FEE -PLAN PAGES (OVER l1X17)
ARCHIVING FEE -LETTER/LEGAL UP TO llX17
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372--995-10
1006372-995-10
1006372-995-10
639.50
63.95
6.15
21.00
4.00
226.00
8.20
48.30
40.00
,1Q.~f .1~>!H "i ~!!-~----tl'1"Hl-.(-J.t
l
-....d,*,JrM.·tt1.-+·,-_.!-.'---.----------------..-_._--+.-,----....,
_.ejU Total A..-rnount Due:$1,057.10i
8 -21
DiEGO COMMiSSION
5201 Ruffin Road San Diego,CA 92123
May 8,2009
Decision of the Planning Commission
On the Application of Major Use Permit
Number P08-021
GRANT,as per redlined plot plan and elevations dated March 19,2009,consisting of
eight (8)sheets,a Major Use Permit,pursuant to Section 6985,6986,and 7358 of the
Zoning Ordinance,to authorize the location and use of an unmanned wireless
telecommunication facility.The facility includes panel antennas that will be mounted on
the existing water tank located on the east side of the property and a GPS antenna
mounted on the existing water tank located on the west side of the property.All
associated equipment will be enclosed by a CMU wall.Pursuant to Section 6985A of
the Zoning Ordinance,a Major Use Permit is required because the project site is
located in an area zoned S90 (Holding Area),is not located on a high voltage
transmission tower,and is not covered by a Wireless Community Master Plan.
CONDITIONS
The following conditions are imposed with the granting of this Major Use Permit:
Building permit plans must conform in detail to this approved design.Failure to conform
can cause delay to or denial of building permits and require formal amendment of this
approved design.No waiver of the Uniform Building Code standards or any other code
or ordinance is intended or implied.
A.Prior to obtaining any building or other permit pursuant to this Major Use Permit,
and prior to commencement of construction or use of the property in reliance on
this Major Use Permit,the applicant shall:
1.Payoff all existing deficit accounts associated with processing this
application to the satisfaction of the Department of Planning and Land
Use and the Department of Public Works.
2.Have a registered civil engineer,a registered traffic engineer,or a
licensed land surveyor provide a certified signed statement that physically,
there is a minimum unobstructed sight distance in both directions along
Campo Road (SR-94)from the private easement road,for the prevailing
operating speed of traffic on Campo Road (SR-94).The above shall be to
the satisfaction of CALTRANS and the Director of Public Works.
P08-021
8 -22
-2-May 8,2009
3.Submit evidence to the satisfaction of the Director of Planning and Land
Use (Building Division)that all "Prior to Use or Occupancy"conditions B.1
and B.2 of this Major Use Permit have been printed on a separate sheet
of all building plans associated with this Major Use Permit:[DPLU,FEE]
a.The conditions shall be printed on a separate sheet of the
building plans.
4.Furnish the Director of Planning and Land Use a letter from the Director of
the Department of Public Works stating Conditions A.1 -A.2 have been
complied with to that Department's satisfaction.
B.Prior to any occupancy or use of the premises pursuant to this Major Use Permit,
the applicant shall:
1.Provide photographic evidence to the Director of Planning and Land Use
that demonstrates the panel antennas,equipment shelter and
landscaping are installed according to the approved plot plan and photo-
simulations filed under Major Use Permit P08-021.
2.Pay the Major Use Permit Compliance Inspection Fee as specified in the
DPLU Fee Ordinance at Section 362 of the San Diego County
Administrative Code.The fee shall be paid at the DPLU Zoning Counter.
The permittee shall also schedule an appointment for an initial inspection
with the County Permit Compliance Coordinator to review the on-going
conditions associated with the permit.The inspection should be scheduled
for a date approximately six months subsequent to establishing
occupancy or use of the premises.
C.The following conditions shall apply during the term of the Major Use Permit:
1.The applicant shall allow the County to inspect the property for which the
Major Use Permit has been granted,at least once every twelve months,to
determine if the applicant is complying with all terms and conditions of the
Major Use Permit.If the County determines the applicant is not complying
with the Major Use Permit terms and conditions the applicant shall allow
the County to conduct follow up inspections more frequently than once
every twelve months until the County determines the applicant is in
compliance.
2.The applicant is responsible for the maintenance and repair of any
damage caused by them to on-site and off-site private roads that serve
the project.
P08-021 - 3 -May 8,2009
3.·All light fixtures shall be designed and adjusted to reflect light downward,
away from any road or street,and away from adjoining premises,and
shall otherwise conform to Section 6324 of The Zoning Ordinance.
4.The parking areas and driveways shall be well maintained.
5.All landscaping shall be adequately watered and well maintained at all
times.
6.Property owners shall agree to preserve and save harmless the County of
San Diego and each officer and employee thereof from any liability or
responsibility for any accident,loss,or damage to persons or property
happening or occurring as the proximate result of any of the work
undertaken to complete this work,and that all of said liabilities are hereby
assumed by the property owner.
7.The applicant shall maintain the appearance of the facility and associated
equipment shelter,as depicted in photo simulations on file with Major Use
Permit P08-021,for the duration of the facility's operation.
8.All graffiti on any components of the facility shall be removed promptly in
accordance with County regulations.Graffiti on any facility in the public
right-of-way must be removed within 48 hours of notification.
9.All wireless telecommunications sites shall be kept clean and free of litter.
10.All equipment cabinets shall display a legible operator's contact number
for reporting maintenance problems.
11.All wireless carriers who intend to abandon or discontinue the use of any
wireless telecommunications facility shall notify the County of such
intention no less than 60 days prior to the final day of use.
12.Wireless telecommunications facilities with use discontinued shall be
considered abandoned 90 days following the final day of use.
13.All abandoned facilities shall be physically removed by the facility owner
no more than 90 days following the final day of use or determination that
the facility has been abandoned,whichever occurs first.
14.The County reserves the right to remove any facilities that are abandoned
for more than 90 days at the expense of the facility owner.
P08-021
8 -24
-4-May 8,2009
15.
16.
17.
18.
Any abandoned site shall be restored to its natural or former condition.
Grading and landscaping in good condition may remain.
Noise from any equipment supporting the facility shall meet the
requirements of the County's Noise Ordinance on an average hourly
basis.
Equipment cabinets and antenna structures shall be secured to prohibit
unauthorized access.
Comply with all applicable stormwater regulations at all times.The
activities proposed under this application are subject to enforcement
under permits from the San Diego Regional Water Quality Control Board
(RWQCB)and the County of San Diego Watershed Protection,
Stormwater Management,and Discharge Control Ordinance (Ordinance
No.9926)and all other applicable ordinances and standards.This
includes requirements for Low Impact Development (LID),materials and
wastes control,erosion control,and sediment control on the project site.
Projects that involve areas 1 acre or greater require that the property
owner keep additional and updated information onsite concerning
stormwater runoff.This requirement shall be to the satisfaction of the
Director of Public Works.
19.The project shall conform to the approved plot plan(s).Failure to conform
to the approved plot plan(s);is an unlawful use of the land,and will result
in enforcement action pursuant to Zoning Ordinance Section 7703.
D.This Major Use Permit shall expire on May 8,2011,at 4:00 p.m.(or such longer
period as may be approved pursuant to Section 7376 of The Zoning Ordinance
ofthe County of San Diego prior to said expiration date)unless construction or
use in reliance on this Major Use Permit has commenced prior to said expiration
date.
FINDINGS:
CEQA FINDINGS:
It is hereby found that the proposed project is exempt from the California Environmental
Quality Act as specified under Section 15303 of the State CEQA Guidelines for the
reasons detailed in the Notice of Exemption Form dated March 24,2009,on file with
DPLU as Environmental Review Number ER08-19-006.
P08-021
MSCP FINDINGS:
o -~O
-5-May 8,2009
The Multiple Species Conservation Program Conformance Findings dated March 24,
2009,on file with DPLU as Environmental Review Number 08-19-006.
STORMWATER FINDINGS:
It is hereby found that the project proposed by the applicant has prepared plans and
documentation demonstrating compliance with the provisions of the County of San
Diego Watershed Protection,Stormwater Management,and Discharge Control
Ordinance.
RESOURCE PROTECTION ORDINANCE FINDINGS:
It is hereby found that the use or development permitted by the application is consistent
with the provisions of the Resource Protection Ordinance.
MAJOR USE PERMIT FINDINGS:
Pursuant to Section 7358 (see Section 7359 for findings required for permits filed
pursuant to Regional Land Use Element 3.8)of The Zoning Ordinance,the following
findings in support of the granting of the Major Use Permit are made:
(a)The location,size,design,and operating characteristics of the proposed use will
be compatible with adjacent uses,residents,buildings,or structures with
consideration given to
1.Harmony in scale,bulk,coverage,and density
Scale and Bulk:
The subject parcel is developed with two water tanks and other existing
wireless telecommunication facilities currently operated by T-mobile,
Sprint,Nextel,and Verizon.The proposed unmanned wireless
telecommunication facility includes eleven (11)panel antennas that will be
mounted on and painted in matching color with the existing water tank and
an eight-foot high CMU equipment shelter painted in dark tan to enclose
all associated equipment.Photo simulations on file with Major Use Permit
P08-021 (Attachment C)illustrate that the proposed antennas and
associated equipment enclosure are unobtrusive to the surrounding
viewshed.The view from the surrounding area will be minimized because
the project is a stealth facility as the panel antennas will be mounted on
and painted in the same color as the water tank and the equipment
enclosure will be painted in dark tan.The enclosure will be screened by
P08-021
8 -26
- 6 -May 8,2009
proposed additional landscaping such as Toyons and Silverberry.The
project is compatible with adjacent uses in terms of scale and bulk
because of the stealth design.Therefore,the project will not substantially
increase the scale and bulk of the existing structure and result in negative
impacts to the surrounding properties.
Coverage:
The subject parcel is 3.74 acres in size.Surrounding land uses consist of
vacant land,SR-94 (Campo Road),Steele Canyon High School and a
commercial center,with parcel sizes ranging from approximately 3 acres
to over 200 acres in size.The project is located on a parcel that is
developed with two water tanks and wireless telecommunication facilities
currently operated by T-mobile,Sprint,Nextel,and Verizon.The lease
area for this unmanned wireless telecommunication facility will total 400
square-feet (less than 1%lot coverage).Considering the size of the
subject lot compared with the size and location of the proposed structure,
the size of the existing structures on the property,and the coverage
characteristics of surrounding properties,the addition of the
telecommunication facility will be consistent in terms of coverage of the
surrounding area and will not substantially increase the lot area coverage.
Density:
The project is a Major Use Permit for the authorization of a
telecommunication facility and does not have a residential component
subject to density.
2.The availability of public facilities,services,and utilities
The project is located within the San Miguel Consolidated Fire Protection
District.The project has been reviewed and found to be FP-2 compliant.
The project will require water service for irrigation and the Otay Municipal
Water District has verified that service is available to the project site.
3.The harmful effect,if any,upon desirable neighborhood character
The project is a Major Use Permit for the authorization of a wireless
telecommunication facility.The facility will include eleven (11)panel
antennas that will be mounted on and painted to match the existing water
tank located on the east side of the property and an eight-foot high CMU
equipment shelter painted in dark tan to enclose all associated equipment.
The project site is located within a neighborhood that is predominately
P08-021 -7 -May 8,2009
4.
comprised of vacant land,SR-94,Steele Canyon High School,and a
commercial center.
The project will not adversely affect the desirable neighborhood character
because the project proposes a wireless telecommunication facility that is
designed to be stealth.The equipment shelter will be located within a
CMU enclosure to conceal it from the surrounding properties.Photo
simulations on file with Major Use Permit P08-021 (Attachment C)
illustrate that the line,form,and color of the facility will be largely
consistent with other elements that make up the visual setting of the area,
such as the previously approved wireless telecommunication facilities
consisting of panel antennas mounted on the existing water tank.
Furthermore,the project was reviewed for noise impacts and determined
to be consistent with the County Noise Ordinance.The project,as
designed,will not cause any substantial,demonstrable negative aesthetic
effect to views from the surrounding area and roadways.Therefore,the
project will not have a harmful effect on the neighborhood character.
The generation of traffic and the capacity and physical character of
surrounding streets
The traffic generated from the project is expected to be one maintenance
trip per month and will utilize an easement connected to Campo Road
(SR-94),a public road for access.Existing parking is available on the
property.The use associated with this Major Use Permit is compatible
with the existing nature of the area because the number of maintenance
trips will not substantially alter the expected traffic or physical character of
the surrounding streets and will be compatible with adjacent uses.
Therefore,the number of maintenance trips will not substantially increase
or alter the physical character of Campo Road (SR-94)and other vicinity
roadways.
5.The suitability of the site for the type and intensity of use or development
which is proposed
The project proposes a Major Use Permit for the authorization of an
unmanned wireless telecommunication facility.The subject property is
3.74 acres in size and is developed with access and utility services
adequate to serve the proposed use.The installation of the
telecommunication facility will not require significant alteration to the land
form.The project,as designed,will be stealth and will not change the
characteristics of the area and is suitable for this site and the type and
intensity of uses and development.For reasons stated above,the
proposed project will be compatible with adjacent land uses.
P08-021
8 -28
- 8 -May 8,2009
6.Any other relevant impact of the proposed use
None identified.
(b)The impacts,as described in Findings (a)above,and the location of the
proposed use will be consistent with the San Diego County General Plan.
The project is subject to the Regional Category -Current Urban Development
Area (CUDA),General Plan Land Use Designation General-(21)Specific Pian
(Rancho San Diego),and the Valle De Oro Community Plan.The subject
property is excluded from the Rancho San Diego Specific Plan but surrounded
by land designated as Open Space in the Specific Plan.The project complies
with the General Plan because civic uses are allowed if they support the local
population.In addition,the project is consistent with Policy 4 of the Public Safety
Element of the County General Plan that encourages the support,establishment,
and continual improvement of Countywide telephone communications system,
particularly with respect to enhancing emergency communications.
(c)That the requirements of the California Environmental Quality Act have been
complied with.
Pursuant to Section 15303 of the State CEQA Guidelines,the project is exempt
from CEQA because it is an unmanned wireless telecommunication facility that
involves the installation of Small,New Equipment and Facilities in Small
Structures.It has been determined that the project is not in an environmentally
sensitive location;will not have a cumulative effect on the environment;is not on
a hazardous waste site;will not cause substantial change in the significance of a
historical resource;and will not result in damage to a scenic highway
NOTICES:
NOTICE:The 90 day period in which the applicant may file a protest of the fees,
dedications or exactions begins on May 8,2009.
NOTICE:This subject property is known to contain Coastal sage scrub plant
community.Such plant community is habitat for the coastal California gnatcatcher.
The Federal government recently listed the gnatcatcher as a threatened species under
the Federal Endangered Species Act of 1973 (16 U.S.C.Section 1531 et seq.).THE
LISTING MAY RESULT IN AN APPLICANT'S INABILITY TO PROCEED WITH
HIS/HER PROJECT WITHOUT A PERMIT FROM THE FEDERAL GOVERNMENT IF
THE SPECIES OR ITS HABITAT ARE PRESENT ON THE PROJECT SITE.It is
advisable to contact the United States Fish and Wildlife Service to determine the
applicability of the prohibitions under the Act to each applicant's property.
P08-021
o -~::J
- 9 -May 8,2009
NOTICE:THE ISSUANCE OFTHIS PERMIT BY THE COUNTY OF SAN DIEGO
DOES NOT AUTHORIZE THE APPLICANT FOR SAID PERMIT TO VIOLATE ANY
FEDERAL,STATE,OR COUNTY LAWS,ORDINANCES,REGULATIONS,OR
POLICIES INCLUDING,BUT NOT LIMITED TO,THE FEDERAL ENDANGERED
SPECIES ACT AND ANY AMENDMENTS THERETO.
NOTICE:Low Impact Development (LID)requirements apply to all priority projects as
of March 25,2008.These requirements can be found at the following link beginning on
Page 32,Section 67.812,of the Municipal Stormwater Permit:
http://www.sdcounty.ca.gov/cob/ordinances/ord9926.doc
The draft LID Handbook is a source for LID information and is to be utilized by County
staff and outside consultants for implementing LID in our region.The handbook gives
an overview of LID.Section 2.2 reviews County DPW planning strategies as they relate
to requirements from the Municipal Permit.The Fact Sheets in the Appendix may be
useful for information on all of the engineered techniques.Additional information can be
found in the extensive Literature Index.You can access the Handbook at the following
DPLU web address:
http://www.co.san-diego.ca.us/dplu/docs/LID-Handbook.pdf .
NOTICE:On January 24,2007,the San Diego Regional Water Quality Control Board
(SDRWQCB)issued a new Municipal Stormwater Permit under the National Pollutant
Discharge Elimination System (NPDES).The requirements of the Municipal Permit
must be implemented beginning March 25,2008.The Low Impact Development (LID)
Best Management Practices (BMP)Requirements of the Municipal Permit can be found
at the following link beginning on Page 32,Section 67.812,of the Municipal Stormwater
Permit:
http://www.sdcounty.ca.gov/cob/ordinances/ord9926.doc
All priority projects must minimize directly connected impervious areas and promote
biofiltration.Section 67.812 includes the minimal site design requirements that project
applicants must address and implement.These can be summarized into the following
four requirements:Disconnect impervious surfaces,Design impervious surfaces to
drain into properly designed pervious areas,Use pervious surfaces wherever
appropriate,Implement site design BMPs.The applicant /engineer must determine the
applicability and feasibility of each requirement for the proposed project and include
them in the project design,unless it can be adequately demonstrated which (if any)of
the requirements do not apply.
STAFF REPORT
AGENDA ITEM 5f
TYPE MEETING:
SUBMITTED BY:
APPROVED BY:
(Chief)
Regular Board
David Charles1f-?.
Public Services Manager
Rod posada~~~
Chief,Engineering
MEETING DATE:
W.O.lG.F.NO:
November 4,2009
aaOOO-DIV.NO.5
1d1000
APPROVED BY:
(Asst.8M):
SUBJECT:
Manny Maga~~~
Assistant Genera~anager,Engineering and Operations
Request to Approve Agreement with New Cingular Wireless PCS,
LLC,a Delaware Limited Liability Company,for the
installation of a Communications Facility at the 1200-1
Reservoir Site
GENERAL MANAGER'S RECOMMENDATION:
That the Otay Water District (District)Board of Directors
(Board)authorizes the General Manager to execute an agreement
with New Cingular Wireless PCS,LLC,a Delaware Limited
Liability Company (New Cingular)for the installation of a
communications facility at the 1200-1 Reservoir Site (see
Exhibit A for project location).
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
To obtain Board approval authorizing the General Manager to
execute an agreement (see Attachment B)with New Cingular that
allows the installation of a communications facility at the
1200-1 Reservoir Site.The agreement will grant New Cingular
the right to use approximately 465 square feet of leased area
and trench easements of right-of-way for access and power for
the communications facility.
ANALYSIS:
New Cingular will be the third cellular provider locating its
facilities on the 1200-1 Reservoir Site.Currently,Verizon and
Cricket are the other cellular providers at this location.New
Cingular is proposing to construct,operate,and maintain an
unmanned wireless communications facility consisting of twelve
(12)panel antennas fa9ade mounted to the side of the existing
34'high water tank.Four (4)ground-mounted BTS radio
equipment cabinets shall be enclosed in a 26'(L)x 12'-4"(W)x
9'(H)tan concrete block enclosure to screen the equipment.The
overall lease area shall comprise approximately 465 square feet.
The facility shall have its own SDG&E electrical service/meter
and connection to land-line telephone service.
The District will receive copies of construction drawings,all
permits,and approvals by local regulatory agencies prior to
granting permission to start construction.Staff agrees with
the design concept for the proposed facility construction.
FISCAL IMPACT:~~
The District will r~175 per month in rent effective
upon execution of the lease agreement for a period of five
years,subject to an annual inflation adjustment of 4 percent.
The tenant will have the option to extend the term for three
additional five-year periods.Two additional five-year
extensions may be granted at the District's discretion.At the
beginning of each extension term,the District may choose to
adjust the annual rent,effective the first year of each
extension term by 4 percent or the preceding five year average
of the San Diego Metropolitan CPI,whichever is higher.
An initial $2,000 payment toward the District's non-refundable
administrative fee of $6,500 has been paid to reimburse the
District for staff time to supervise and assist in conducting an
investigation of the proposed premises,site selection,
planning,and design,including legal expenseSi this fee is
separate from rent.The remaining balance of $4,500 will be due
and payable upon execution of this agreement by both parties to
reimburse the District for administrative expenses and costs
related to District's supervision and assistance with
construction phases of the project.
LEGAL IMPACT:
The form of agreement has been reviewed by District counsel.
2
STRATEGIC GOAL:
This item is in line with the District's strategic focus areas:
Community,Governance,and Financial Health.
General Manager
P,\WORKING\CELLULAR LEASE FILE\STAFF REPORTs\BD 11-04-09,Staff Report,New Cingu1ar @ 1200-1 Res,(DC-RP).doc
DTC/RP:jf
Attachments:Exhibit A
Attachment A
Attachment B
QA/QC
Name:
Approved:~ojZ.d'
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IMPERIAL
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SCALE:"'=1,000'
OTAY WATER DISTRICT
NEW CINGULAR WIRELESS PCS,LLC COMMUNICATIONS SITE
1200-1 RESERVOIR
LOCA TION MAP
VICINI TV MAP
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EXHIBIT A
ATTACHMENT A
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COMMITTEE ACTION:
The Finance,Administration and Communications Committee
reviewed this item at a meeting on October 19,2009 and the
following comments were made:
Request to Approve Agreement with New Cingular Wireless
PCS,LLC,a Delaware Limited Liability Company for the
installation of a Communications Facility at the 1200-1
SUBJECT/PROJECT:Reservoir Site
This lease agreement is for the installation of a new Cingular
wireless facility at the 1200-1 Reservoir Site.The facility
will utilize approximately 465 square feet of the site.
•
•The lease agreement is for a five-year period at a monthly
rent of $3,175 and is subject to an annual inflation
adjustment of 4%.Cingular may extend the term of the lease
three additional five-year periods at the District's
discretion.
•Should Cingular wish to extend the lease agreement for another
five-year term,the District may choose to adjust the annual
rent,effective the first year of each extension,by 4%or the
preceding five year average of the San Diego Metropolitan CPI,
whichever is higher.The District may also decide to adjust
the monthly lease payment back to market if heeded at that
time.
•Cingular has paid $2000 toward the District's non-refundable
administrative fee of $6500 to reimburse the District for
staff time to supervise and assist in conducting an
investigation of the proposed reservoir premises.The
remaining $4500 will be due and payable upon execution of the
lease agreement by both parties for administrative expenses
and District supervision and assistance during the
construction phase of the project.Both fees are separate
from rent.
•Cingular will acquire and pay for the power for their wireless
facility.
Y:\Board\CurBdPkg\ENGRPLAN\New Cingular Wireless PCS Agrmt 1200-1 Res Attach A 11-4-09.doc
•The agreement has been reviewed by General Counsel.
Following the discussion,the committee supported presentation
to the full board on the consent calendar.
~IIRIII=7:CT:
aaOOO-
1d1000
ATTACHMENT 8
Request to Approve Agreement with New Cingular Wireless
PCS,LLC,a Delaware Limited Liability Company,for the
installation of a Communications Facility at the 1200-1
Reservoir Site
See attached lease agreement.
AGREEMENT BETWEEN NEW CINGULAR
WIRELESS PCS,LLC,A DELAWARE LIMITED
LIABILITY COMPANY AND OTAY WATER
DISTRICT TO LOCATE A COMMUNICATIONS
FACILITY AT OTAY'S 1200-1 RESERVOIR SITE
This Agreement ("Lease")is entered into and effective on the date specified in the
signature page (the "Commencement Date"),by and between the Otay Water District,a
municipal water district organized and operated pursuant to the Water Code Section 71000,et
seq.("Otay"),and New Cingular Wireless PCS,LLC,a Delaware limited liability company
("Tenant").Any special terms or conditions agreed to by Otay and Tenant will be set fOlih on
Exhibit A.
A.Otay owns a site on which it has constructed water facilities known as the
"1200-1 Reservoir Site,"as depicted on Attachment A to Exhibit B (the "Reservoir Site").
B.Tenant has requested Otay to allow it to locate a communications facility and
transmitting and receiving antennas at the Reservoir Site.
For good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged,Otay and Tenant agree as follows:
1.Premises.Otay owns the real property described in Attachment B to Exhibit B
(the "Property").Otay agrees to lease to Tenant,for the installation of an antenna and related
telecommunications equipment,approximately 465 square feet of real property within the
Property,as more particularly described on Attachment C to Exhibit B (the "Premises").A
depiction ofthe Property and the Premises is attached hereto as Attachment D to Exhibit B.
Lease for Telecommunication Facilities Page 1
2.Grant of Non-Exclusive Trench Easement(s).Otay has also agreed to grant a
temporary non-exclusive easement to Tenant for certain portions of the Property,as legally
described in Exhibit C to this Lease (the "Easement"),for the purpose of trenching and
installation of the necessary utilities to operate Tenant's equipment.It is expressly agreed that
any such Easement shall run concurrent with this Lease.Tenant agrees and understands that if
the Lease is terminated or ceases to exist for any reason,the Easement shall not have any force
or effect.Tenant agrees to return and maintain all portions of land subject to the Easement that
are disturbed in connection with the installation,connection,maintenance,repair,access or any
other Tenant activity,to their original condition at Tenant's sole cost and expense.
This easement shall be non-exclusive.Otay,or any other tenant of Otay may utilize the
easement area for similar purposes or for any other purpose which does not interfere with
Tenant's uses.Otay shall provide Tenant with advance notice of any intention to use the
temporary easement area by Otay or any current or future tenant of Otay.
3.Use of the Premises.The Premises may be used by Tenant only for the purpose
of installing,constructing,housing,operating,maintaining and repairing telecommunication
equipment,including appurtenant antennae and electronic equipment,as further described and
conditioned in this Agreement (collectively,the "Facilities"),for the lawful provision of
communication services.Tenant may not sublease or sublicense any use or space of the
Premises or the Facilities thereon except as otherwise provided in Paragraph 12,below.
4.Access.Otay shall provide access to Tenant,Tenant's employees,agents,
contractors and subcontractors to the Premises 24 hours a day,seven days a week,at no charge
to Tenant.Otay hereby grants to Tenant such rights of ingress and egress over the Property as
may be necessary and consistent with the authorized use of the Premises as outlined by Otay
Operations.Subject to Otay's reasonable rules,Otay shall permit Tenant's employees,agents,
Lease for Telecommunication Facilities Page 2
contractors,subcontractors and invitees to park vehicles on the Property as necessary and
consistent with the authorized use ofthe Premises.Otay shall,at its expense,maintain all access
roadways or driveways from the nearest public roadway to the Premises in a manner reasonably
sufficient to allow access.In addition,Tenant shall obtain such permits,licenses or easements,
from the owners of property adjoining the leased premises,as may be necessary for Tenant to
have access to and from the leased Premises and also for access to utilities.Tenant shall provide
copies ofthese documents to Otay prior to the start of construction.
5.Term.The term of this Lease shall be five (5)years (the "Initial Term"),
commencing on the Commencement Date.Tenant shall have the right to extend the term of the
Lease for three (3)additional terms of five (5)years each by giving Otay written notice of its
intention to do so at least 120 days prior to the date that the then current term would otherwise
end (each,an "Extension Term").In addition,Tenant may request,in writing,two additional
extensions of five (5)years each,which Otay may grant or deny at its sole discretion (each,an
"Additional Term"and together with the Initial Term and Extension Term,or individually,as the
context requires,the "Term").Each such request shall be made in writing no less than 120 days
prior to the expiration ofthe then current Extension Term or Additional Term,as applicable.
6.Administrative Fee.Tenant,prior to entering on Otay Property to conduct its
investigation ofthe Premises,shall provide Otay with a non-refundable administrative fee in the
amount of TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00).This fee will defray
Otay's administrative expenses and costs related to the supervision and assistance for entering on
Otay Property to conduct investigation of the proposed Premises,site selection,planning,and
design,including legal expenses.
Additionally,upon final execution ofthe Agreement by both parties,Tenant shall provide
Otay with a non-refundable administrative fee in the amount of FOUR THOUSAND FIVE
Lease for Telecommunication Facilities Page 3
HUNDRED DOLLARS AND NO CENTS ($4,500.00).This second administrative fee shall be
used to defray Otay's administrative expenses and costs related to Otay's supervision and
assistance with construction phases of the project.These administrative fees shall not be
considered rent or part ofthe rental installment.
7.Rent.Beginning on the Commencement Date,Tenant shall pay Otay as rent the
sum of $3,175 per month payable on the first day of each month in advance.If the
Commencement Date is other than the first day ofthe calendar month,the rate shall be prorated
for the first month ofthe Initial Term.
The rent shall be increased on each calendar anniversary of the Commencement
Date at a rate of four percent (4%)per annum.However,at the beginning of each Extension
Term or Additional Term,if any,Otay may,at its sole and absolute discretion,choose to adjust
the annual rent,effective on the first year of said Extension Term or Additional Term,by an
amount equal to the greater of: (i)four percent (4%);or (ii)the amount necessary to ensure that
the rent equals the amount it would have been if each annual increase during the previous Term
had been calculated based on the average percentage increases in the consumer price index
published by the United States Department of Labor,Bureau of Labor Statistics (1982-1984 =
100) (the "CPI")for "All Items -All Urban Consumers"for the San Diego Metropolitan
Statistical Area for the immediately preceding 5 year period.If the publication ofthe Consumer
Price Index is discontinued,or if the Consumer Price Index is altered in some material manner,
including changing the name of the index,the geographic area covered,the consumers or
workers so included,or the base year,the Parties must use their reasonable best efforts to agree
on a substitute index or procedure that reasonably reflects and monitors consumer prices.After
such an adjustment,the rent shall increase at a rate offour percent (4%)per annum for the rest of
the applicable Extension Term or Additional Term,ifany.Otay shall also have the discretion to
:1
i
I
Lease for Telecommunication Facilities Page 4
adjust the base rent to then current market rent in the Additional Term if said market rent is
greater than the CPI increase provided for in the above formula.The "then current market rent"
shall be defined as the most recent rent transaction entered into by Otay with other similar
tenants for the same or similar purposes.
8.Environmental.Otay represents that to the best of its knowledge the Premises
have not been used for the generation, storage,treatment or disposal of hazardous materials other
than those materials normally used by Otay for the treatment of water and that there is no
hazardous waste on the Premises.Notwithstanding any other provision of this Lease,Tenant
relies upon the representations stated herein as a material inducement for entering into this
Lease.Tenant shall not bring any hazardous materials onto the Premises except for those
contained in its back-up power facilities (e.g.lead-acid batteries and diesel fuel)and properly
stored,reasonable quantities of common materials used in telecommunications operations (e.g.
cleaning solvents).Tenant shall handle,store and dispose of all hazardous materials it brings
onto the Premises in accordance with all federal,state and local laws and regulations ("Laws").
"Hazardous materials"means any substance,chemical,pollutant or waste that is presently
identified as hazardous,toxic or dangerous under any applicable federal,state or local law or
regulation and specifically includes,but is not limited to asbestos and asbestos containing
materials,polychlorinated biphenyl's (PCBs)and petroleum or other fuels (including crude oil or
any fraction or derivative thereof).
9.Installation and Maintenance of Facilities.Tenant is authorized to install,
maintain and operate on the Premises only the Facilities described and depicted on Attachment A
to Exhibit D;provided that all permits and zoning approvals shall have been obtained by Tenant.
a.Installation of the Facilities.Tenant's design and installation of all
portions ofthe Facilities shall be done according to plans approved by Otay,and such approval
Lease for Telecommunication Facilities Page 5
shall not be unreasonably withheld.The Tenant shall be responsible for painting its antennae
and/or equipment to match Otay's facility.Otay will provide Tenant with specifications
regarding paint type,color and application method to accomplish this requirement.
Painting/coating submittals shall be provided to Otay by the Tenant prior to receiving permission
to begin painting.Otay may specify a camouflage design if appropriate.These camouflage
designs may include but are not limited to palm trees,pine trees and flag poles.
b.Record Drawings.Within thirty (30)days after completion of the
Facilities,Tenant shall provide Otay with "record"drawings of Facilities showing and
identifying all the equipment and improvements installed on the Premises.Said drawings shall
be accompanied by a complete and detailed inventory of all equipment,personal property and
antennae located on the Premises and any such property of Tenant located in the Easement.No
property of Tenant other than such identified property shall be located on the Premises or the
Property at any time.
c.Alterations.Tenant shall not alter or change its facilities in a material
manner without the prior approval of Otay,such approval not to be unreasonably withheld.
"Material"refers to any physical change that could affect the building or its appearance or any
change that could disrupt Otay's workplace or communications.All of Tenant's construction
and installation work shall be performed at Tenant's sole cost and expense in a good and
workmanlike manner.Tenant shall have the right to remove all facilities it installs at its sole
expense on or before the expiration or termination ofthis Lease.
d.Improvements to Facilities /Additional Space.If,at any time during the
Term,Tenant requests permission from Otay to add improvements requiring construction to its
then existing Facilities,the then current Administrative Fees shall be payable to Otay for
reimbursement for staff time to process the new request,construction inspection and monitoring
Lease for Telecommunication Facilities Page 6
during construction.Ifthe requested Tenant improvements include additional lease space,a new
lease agreement for the additional lease space must be executed prior to start of construction and
Tenant shall pay the Administrative Fees then in effect,and shall comply with Otay's
requirements then in effect.The administrative fees for the additional lease space shall be in
addition to,and shall not replace the administrative fees for improvements requiring construction
to the Facilities.
e.Permits and Compliance with Applicable Laws.Prior to commencing any
construction or improvements,and from time to time,as applicable,Tenant agrees to obtain all
necessary approvals for its communications operations and for the Facilities and to operate and
maintain the same,at all times in accordance with all applicable laws,rules and regulations.
1.Prior to commencing construction,Tenant shall deliver to Otay
copies of all executed licenses,approvals and permits required by local,state or
federal agency in connection with the Facilities,which permits shall be attached
hereto as Attachment B to Exhibit D.
11.From time to time,as required by law or regulation in connection
with the normal operation of the Facilities or as needed due to improvements or
alterations to the same,Tenant shall provide Otay with copies of updated permits,
licenses and/or approvals.Tenant shall provide written evidence,satisfactory to
Otay of all FCC approvals and other governmental permits and approvals,
including but not limited to compliance with FCC Electromagnetic Radiation
Guidelines.
111.Otay agrees,at no expense to Otay,to cooperate with Tenant in
making application for and obtaining all licenses,permits and any and all
Lease for Telecommunication Facilities Page 7
necessary approvals that may be required for Tenant's intended use of the
Premises.
f.Utilities.Tenant shall be authorized to install utilities for the Premises and
the Facilities at Tenant's expense and to improve the present utilities on or near the Premises
(including,but not limited to the installation of an emergency back-up power)subject to Otay's
approval ofthe location,which approval shall not be umeasonably withheld.Tenant shall fully
and promptly pay for all utilities furnished to the Premises for the use,operation and
maintenance ofTenant's facilities.
g.Repair of Otay's Improvements.Any damage done to Otay's
improvement on the property during installation and/or during operations caused by Tenant or in
connection with installation operation shall be repaired or replaced immediately at Tenant's
expense and to Otay's reasonable satisfaction.In connection with the installation and operation
of the antennae facilities,Tenant shall not locate or attach any antennae or other equipment to
Otay's facilities without the prior written approval of Otay.Tenant shall pay all costs and
expenses in relation to maintaining the integrity of Otay's facilities in connection with Tenant's
installation and operation ofthe antennae facilities.
h.Maintenance and Repair.At all time during the Term,Tenant shall
maintain the Premises and the Facilities in a manner acceptable to Otay.Tenants use of its
facilities shall not interfere with Otay's operation ofits improvements.
1.Liens.Tenant shall not encumber or allow the Premises or the Property to
be encumbered in any manner other than as expressly authorized herein.
J.Security.Tenant recognizes and agrees that the Premises and the
Reservoir Site are a sensitive area.Tenant agrees to provide for the proper supervision of all
Tenant personnel assigned to enter and do work at the Premises.Tenant also agrees to,at its
Lease for Telecommunication Facilities Page 8
own cost and expense,comply with any and all security measures instituted by Otay from time to
time.
10.Maintenance and Repair of Otay's Improvements.At any time during the Term,
or while this Lease remains in effect,Otay may,at its option and upon written notice to Tenant,
remove or cause Tenant to remove all or any portion of its Facilities at Tenant's expense,in
order for Otay to paint,repair,or make replacements to its improvements on the Premises (the
"Maintenance Work"),as deemed necessary by Otay in its sole discretion.Tenant agrees to fully
cooperate with Otay's efforts in connection with any Maintenance Work,including removing
and re-installing any portion of the Facilities identified by Otay to be removed.
a.Temporary Facilities.During the course of the Maintenance Work,
Tenant may install temporary antennae,at Tenant's expense,on the leased Premises subject to
Otay's approval of the location.Once the Maintenance Work is completed by Otay,Tenant
agrees to promptly dismantle any temporary facilities and to relocate the facilities to their
original location or to any other location approved by Otay,as appropriate.All work related to
the removal of any portion of the Facilities,installation of temporary facilities,dismantling,
relocation to their original location and any related work,shall be done at Tenant's sole cost and
expense and in good and workmanlike manner.
b.Repair ofdamage.Tenant shall repair any damage caused by Tenant in
connection with the installation,maintenance,operation or removal ofany temporary facilities or
the Facilities.
c.Otay's option to remove temporary facilities.Ifany temporary antennae is
not removed within thirty (30)days from the date the Maintenance Work is completed,Otay will
have the right to remove the temporary antennae and charge Tenant for such costs.
Lease for Telecommunication Facilities Page 9
d.Painting ofthe Facilities.If the Maintenance Work includes the painting
of Otay's improvements,the Tenant shall be responsible for repainting its antennas and/or
equipment to match Otay's facility.Otay will provide specifications regarding paint type,color
and application method to the Tenant to accomplish this requirement.The Tenant will be
required to provide painting/coating submittals to Otay prior to receiving permission to begin
painting.
11.Co-Location.Tenant agrees that Otay may enter into leases with other
communication carriers,wireless communications carriers and other utilities for use of any
portion of the "Reservoir Site"as long as said leases do not result in unreasonable interference
with Tenant's use of the Premises.Tenant will reasonably cooperate with Otay's efforts in this
regard including,at Otay's request,the relocation of,or changes to,the Facilities;provided that
any alterations or relocation needed,at Otay's sole discretion,to accommodate the new lessee
shall be performed at the expense of Otay or the new lessee.
12.Subleasing/Encumbrance.Tenant may not sub-lease or sub-license or otherwise
encumber the Premises or any portion of the Facilities without Otay's prior written consent,
which may be granted or denied at Otay's sole discretion.Any sub-lease or other encumbrance
will require an amendment to this Lease and shall specifY the terms and conditions for the sub-
lease or other encumbrance.
13.Condition of the Property at Expiration or Termination.Upon the expiration or
termination of this Lease as herein provided,Tenant shall surrender the Premises,and any
Easements granted by Otay in connection with this Lease,to Otay in good and broom-clean
condition,with all portions of the Facilities,including but not limited to equipment,supplies,
buried conduits,and structures removed along with subterranean foundations to a depth of three
feet below grade;or as otherwise agreed to by Otay in writing.
Lease for Telecommunication Facilities Page 10
14.Interference.Tenant shall not use,nor shall Tenant permit its agents or invitees to
use any portion of the Premises in a manner which interferes with Otay's use of the Reservoir
Site for it's intended purpose including communications facilities relating to Otay's operation
such as telemetry/radio communications or any other pre-existing communications facilities.
This would not apply to interference with a tenant of Otay whose use did not "pre-exist"this
lease;except as agreed to by Tenant in connection with the co-location of any subsequent
tenant's facilities.If Tenant's operation in any way interferes with Otay's telemetry/radio
facilities,Tenant will have five (5)business days to correct the problem after notice from Otay.
Tenant acknowledges that continuing interference will cause irreparable injury to Otay and,
therefore,Otay will have the right to terminate the Lease immediately upon notice to Tenant.
15.Taxes.During the term of this Lease,Tenant shall pay before delinquency all
taxes,assessments,license fees,and any other charge of any type whatsoever that are levied,
assessed,charged,or imposed on or against Tenant's personal property installed or located in or
on the leased premises and that become payable during the term ofthis Lease.
16.Termination.
(a)This Lease may be terminated by Tenant without further liability if:
(i)Tenant delivers to Otay 30-day written notice at any time prior to the
Commencement Date,for any reason or no reason;
(ii)Tenant gives Otay six months notice when Tenant determines at any time
after the Commencement Date that any governmental or non-governmental license,permit,
consent,approval,easement or restriction waiver that is necessary to enable Tenant to install or
operate Tenant's facility cannot be obtained or renewed at reasonable expense or in reasonable
time period.
Lease for Telecommunication Facilities Page 11
(iii)Tenant determines at any time after the Commencement Date that the
Premises are not appropriate or suitable for its operations for economic,environmental or
technological reasons,including without limitation,any ruling or directive of the FCC or other
governmental or regulatory agency,or problems with signal strength or interference not
encompassed by subsection (iv)below;provided that the right to terminate under this subsection
(iii)is exercisable only if Tenant pays Otay,as a termination fee,the lesser of twelve monthly
installments ofannual rent or the balance ofthe rent due for the remaining term ofthis Lease;
(iv)Otay commits a default under this Lease and fails to cure such default
within a 30-day notice period,provided that if the period to diligently cure takes longer than 30
days and Otay commences to cure the default within the 30-day notice period,then Otay shall
have such additional time as shall be reasonably necessary to diligently effect a complete cure;
(v)The Premises are totally or partially destroyed by fire or other casualty so
as to hinder Tenant's normal operations and Otay does not provide to Tenant within ten (10)
days after the casualty occurs a suitable temporary relocation site for Tenant's facility pending
repair and restoration of the Premises.
(b)This Lease may be terminated by Otay without further liability if:
(i)Tenant commits a default under this Lease and fails to cure such default as
provided under paragraph 17,below.
17.Default.
a.Event ofDefault.The parties covenant and agree that a default or breach
of this Lease (an "Event of Default")shall occur and be deemed to exist if,after notice and
opportunity to cure as provided below:
(i)Tenant shall default in the payment of rent or other payments hereunder and
said default shall continue for ten (10)days after Otay provides written notice ofthe same;or
Lease for Telecommunication Facilities Page 12
(ii)Either party shall default in the performance or observance of any other
covenant or condition of this Lease to be performed or observed if such failure persists for a
period of thirty (30)days after the non-defaulting party provides written notice of the default to
the defaulting party.
b.Rights upon Default.Upon the occurrence of an Event of Default,in
addition to any other rights or remedies available to the non-defaulting party under any law,the
non-defaulting party shall have the right to terminate the Lease.
c.Cure Rights.An Event of Default shall not exist unless written notice has
been given in accordance with this Lease,and the defaulting party has had the opportunity to
cure as provided herein.The defaulting party shall cure the alleged default within the manner
provided herein;provided however,that if the nature of an alleged default is such that it can not
reasonably be cured within such thirty (30)day period,the defaulting party shall not be in breach
ofthis Lease if it commences a cure within such period,and thereafter diligently proceeds with
the actions necessary to complete such cure.
18.Destruction of Premises.If the Premises or the Facilities are destroyed or
damaged,Tenant may elect to terminate this Lease as of the date ofthe damage or destruction by
so notifying Otay no more than thirty (30)days following the date of damage or destruction,
provided Otay does not provide to Tenant,within ten (10)days after the casualty occurs,a
suitable temporary relocation site for Tenant's facility pending repair and restoration of the
Premises.
19.Condemnation.If the condemning authority takes all the Property or a portion
which in Tenant's opinion is sufficient to render the Premises unsuitable for Tenant's use,then
this Lease shall terminate as of the date when possession is delivered to the condemning
authority.In the event of any taking under the power of eminent domain,Tenant shall not be
Lease for Telecommunication Facilities Page 13
entitled to any portion ofthe award paid for the taking and Otay shall receive the full amount of
such award except as provided herein.Tenant hereby expressly waives any right or claim to any
portion of a condemnation award,except for relocation benefits and goodwill.All other
damages,whether awarded as compensation for diminution in value of the leasehold or to the fee
ofthe Premises,shall belong to Otay.
20.Insurance.Tenant shall maintain the following insurance:
a.Commercial general liability with limits of$5,000,000 per occurrence;
b.Automobile liability with the combined single limit of $1,000,000 per
accident;
c.Worker's compensation,as required by law;
d.Employer's liability with limits of$l,OOO,OOO per occurrence.
Tenant shall name Otay as an additional insured on each of the aforementioned insurance
policies and the policies shall state that they are primary and that any policies Otay maintains
shall be noncontributory.Tenant shall provide Otay with written certificates of insurance
evidencing such coverage.Said policies shall expressly provide that the policies shall not be
canceled or altered without at least thirty (30)days prior written notice to Otay.Said policies
shall be with insurance companies with an A.M.Best rating ofAVII or better.
Otay takes no responsibility for the protection of Tenant's property from acts of
vandalism by third parties.The insurance requirements may be changed by Otay upon giving of
notice to Tenant;provided that the requirements set forth above shall be the minimum insurance
requirements during the Term.
21.Indemnity.Tenant shall hold harmless,indemnify and defend Otay and each of
Otay's directors,officers,managers,employees,agents and successors and assigns,from any and
all claims,suits or actions of any kind and description brought forth on account of injuries to or
Lease for Telecommunication Facilities Page 14
death to any person or damage to any property,including damage to the Premises arising out of
or related to its use of the Premises,except to the extent that such claims,suits or actions arise
out of the sole negligence or willful misconduct ofOtay.
22.Estoppel Certificate.Tenant shall,at any time and from time to time upon not
less than thirty (30)days prior request by Otay,deliver to Otay a statement in writing certifying
that (a)the Lease is unmodified and in full force (or if there have been modifications,that the
Lease is in full force as modified and identifying the modifications;(b)the dates to which rent
and other charges have been paid;(c)as far as the person making the certificate knows,Otay is
or is not in default under any provisions of the Lease;and (d)such other matters as Otay may
reasonably request.
23.Assignment.Tenant shall not assign this Lease except to an affiliated parent
entity,subsidiary,purchaser of assets,or holder of its FCC license,without Otay's prior written
consent.If,during the term of this Lease,Tenant requests the written consent of Otay to any
assignment,Otay's consent thereto shall not unreasonably be withheld.Consent to one
assignment shall not be deemed to be a consent to any subsequent assignment,and any
subsequent assignment without Otay's consent shall be void and shall,at Otay's option,
terminate this Lease.
24.Memorandum of Lease.If requested by Tenant,Otay agrees to promptly execute
and deliver to Tenant a recordable Memorandum of Lease substantially in the form of Exhibit E.
25.Resolution of Disputes.All controversies or claims arising out of or relating to
this Lease shall be resolved by submission to final and binding arbitration at the offices of the
American Arbitration Association ("AAA")located in San Diego,California.Such arbitration
shall be conducted in accordance with the most recent version of the AAA commercial
arbitration rules.
Lease for Telecommunication Facilities Page 15
26.Choice of Law and Venue.This Lease shall be interpreted in accordance with the
laws of the State of California,and any disputes shall be heard in a court of competent
jurisdiction in the State of California.
27.Attorney's Fees.In the event that either party commences any legal action or
proceeding,including an action for declaratory relief,against the other by reason of the alleged
failure of the other to perform or keep any term,covenant,or condition of this Lease,the party
prevailing in said action or proceeding shall be entitled to recover,in addition to court costs,
reasonable attorneys'fees to be fixed by the court,and such recovery shall include court costs
and attorneys'fees on appeal.
understandings between Otay and Tenant and no verbal or oral agreements,promises or
understandings shall or will be binding upon either Otay or Tenant and any addition,variation or
modification to this Lease shall be in effect unless made in writing and signed by the parties
hereto.
28.Entire Agreement.This Lease contains all agreements,promIses and
29.Incorporation of Exhibits and Recitals.All exhibits and attachments attached to
this Lease and all Recitals above are incorporated and made a part hereof as if fully set forth
herein.
30.Severability.If any term or condition of this Agreement is found unenforceable,
the remaining terms and conditions will remain binding upon the parties as though said
unenforceable proVIsIOn were not contained herein.However,if the invalid,illegal or
unenforceable proVIsIOn materially affects this Agreement then the Agreement may be
terminated by either party on ten (10)days prior written notice to the other party hereto.
31.Waiver.Waiver of any provision or term of this Agreement,or of any breach or
default hereunder,shall not constitute a waiver ofany other term,condition,breach or default,or
Lease for Telecommunication Facilities Page 16
of a subsequent applicability of a term or condition,or a waiver of a subsequent breach or
default,nor shall it constitute an amendment to the term,condition or provision that is waived.
32.Notice.All notices,requests,demands and communications hereunder will be
given by first class certified or registered mail,return receipt requested,or by a nationally
recognized overnight courier,postage prepaid,to be effective when properly sent and received,
refused or returned undelivered.Notices may be given by facsimile ifproof of transmission is
retained.Notices shall be sent to the addresses sent forth below:
OTAY:
TENANT:
Otay Water District
Attn:General Manager
2554 Sweetwater Springs Boulevard
Spring Valley,CA 91978-2096
Phone:(619)670-2210
Fax:(619)660-0829
New Cingular Wireless PCS,LLC
Attn:Network Real Estate Administration
Re:Cell Site #:SS0631
Cell Site Name:Otay Monarch
Fixed Asset No:10090974
12555 Cingular Way,Suite 1300
Alpharetta,Georgia 30004
With a copy sent concurrently to Tenant's Legal Department:
If sent via certified or registered mail to:
New Cingular Wireless PCS,LLC
Attn.:Legal Department
Re:Cell Site #:SS0631
Cell Site Name:Otay Monarch
Fixed Asset No:10090974
P.O.Box 97061
Redmond,WA 98073-9761
Lease for Telecommunication Facilities Page 17
If sent via nationally recognized overnight courier to:
New Cingular Wireless PCS,LLC
Attn.:Legal Department
Re:Cell Site #:SS0631
Cell Site Name:Otay Monarch
Fixed Asset No:10090974
16331 NE 72nd Way
Redmond,WA 98052-7827
33.Corporate Authority.The persons executing this Agreement on behalf of the
parties hereto warrant that (i)such party is duly organized and existing,(ii)they are duly
authorized to execute and deliver this Agreement on behalf of said party,(iii)by so executing
this Agreement, such party is formally bound to the provisions of this Agreement,and (iv)the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound.
Lease for Telecommunication Facilities Page 18
IN WITNESS WHEREOF,the parties have executed this Lease as of the __day of
_____,20_This date is referred to as the Commencement Date in the Lease.
NEW CINGULAR WIRELESS PCS,LLC,
a Delaware limited liability company
By:AT&T Mobility Corporation,
Its:Manager
By:
Name:-------------
Its:
OTAY WATER DISTRICT
2554 Sweetwater Springs Blvd.
Spring Valley,CA 91979
Mark Watton
General Manager
By:
Name:----=-=~-'-'--"'==------
Its:
APPROVED AS TO FORM:
Yuri Calderon,General Counsel
Date
Lease for Telecommunication Facilities Page 19
EXHIBIT A
SPECIAL TERMS AND CONDITIONS ADDED TO
AGREEMENT BETWEEN NEW CINGULAR WIRELESS
PCS,LLC AND OTAY TO LOCATE COMMUNICATION
FACILITIES AT OTAY'S 1200-1 RESERVOIR SITE,
DATED (THE "LEASE")
If any terms or conditions set forth herein contradict terms or conditions of the
Lease to which this Exhibit is attached,as described above,the terms and
conditions of this Exhibit shall control.
SPECIAL TERMS AND CONDITIONS
1.Landscaping and Maintenance.The installation,pennitting,maintenance and upkeep,
and all expenses or other obligations related thereto,in connection with any and all landscaping
and irrigation systems mandated by the pennitting agencies will be the sole responsibility ofthe
Tenant.Otay Water District makes no commitment for delivery of water for said landscaping,
except ifTenant obtains a water meter for the site and pays for water use.
2.Rent.At Tenant's election,subject to prior written notice as set forth in the Lease,
Tenant may pay rent annually,in advance during each of the five-years of the Initial Tenn or
during each of the five years in any Extension Tenn.Once the Initial Tenn or Extension Tenn,
as applicable,has commenced,Tenant may not alter its election to pay monthly or annually.
3.Tenant's Financing.Notwithstanding anything to the contrary contained in this Lease,
Tenant may assign,mortgage,pledge,hypothecate or otherwise transfer without prior notice or
consent its interest in this Lease to any financing entity,or agent on behalf of any financing
entity to whom Tenant (i)has obligations for borrowed money or in respect of guaranties thereof,
(ii)has obligations evidenced by bonds,debentures,notes or similar instruments,or (iii)has
obligations under or with respect to letters ofcredit,bankers acceptances and similar facilities or
in respect of guaranties thereof;provided that no such assignment shall become binding on Otay
until written notification is given by Tenant to Otay as provided in the Lease.A "financing
entity"as used herein,does not include any entity which primary business is not that ofbanking,
finance,lending or investing funds and does not include any entity whose primary business is
telecommunications.
a.Waiver of Otay's Lien.With respect to any such financing entity,Otay waives
any lien rights it may have concerning the Facilities,which is deemed Tenant's
personal property and not fixtures attached to the Property and Tenant or,if
appropriate,the financing entity has the right to remove the same at any time
without Otay's consent.The financing entity shall not have the right to operate
the Facilities without Otay's prior written consent,which may be denied if the
financing entity does not meet the definition offinancing entity above.
Lease for Telecommunication Facilities Exhibit A -page 1
b.Collateral.Tenant may enter into a financing arrangement including promissory
notes and financial and security agreements for the financing of the Facilities
("Collateral")with a third party financing entity (and may in the future enter into
additional financing arrangements with other financing entities).In connection
therewith,Otay (i)consents to the installation of the Collateral;(ii)disclaims any
interest in the Collateral,as fixtures or otherwise;and (iii)agrees that the
Collateral shall be exempt from execution,foreclosure,sale,levy,attachment,or
distress for any Rent due or to become due and that such Collateral may be
removed at any time without recourse to legal proceedings.
c.Disposition of Collateral.Notwithstanding paragraphs a.and b.,above,if
Tenant fails to remove the Collateral,or any component thereof,within five (5)
days ofthe termination ofthis Lease,said failure shall constitute an abandonment.
Ifthereafter,Tenant or any holder ofCollateral,lender or assignee,whether or not
notification was provided to Otay,fails to claim and remove the same,within
thirty (30)calendar days of the date of termination of this Lease,Otay is hereby
specifically authorized to remove and dispose ofthe Collateral,or any component
thereof,so abandoned at Tenant's sole cost and expense and without incurring
any liability to Tenant,or any lender with any interest in all or any part of the
Collateral,or any assignee ofthis Lease.
d.No privity or obligation.Otay does not have privity with any financing entity
and specifically disclaims any obligation to any such entity,including any
obligation to provide copies of any notices of default or right to cure under the
Lease.
Lease for Telecommunication Facilities Exhibit A -page 2
EXHIBITB
TO AGREEMENT BETWEEN NEW CINGULAR
WIRELESS PCS,LLC AND OTAY TO LOCATE
COMMUNICATION FACILITIES AT OTAY'S 1200-1
RESERVOIR SITE,DATED (THE
"LEASE")
List ofAttachments to Exhibit B:
ATTACHMENT A.DEPICTION OF RESERVOIR FACILITIES
ATTACMENT B.LEGAL DESCRIPTION OF THE PROPERTY
ATTACHMENT C.LEGAL DESCRIPTION OF THE PREMISES
ATTACHMENT D.DEPICTION OF THE PROPERTY AND PREMISES
Lease for Telecommunication Facilities Exhibit B -page I
EXHIBITB
ATTACHMENT A
LOCATION MAP
IMPERIAL
BEACH
SCALE:1"=1,000'
-==-------+---,--r-r--r.L-..---_
VICINITY MAP
g.--"-~-'-'-.L...L.-.j ~~;j
C\J i\...<-r-'-";:::<../
,/
C<<I
..J=>LJ3.u
f-
;:::.-t-----.--,I
<I
,/
'j t=~:;::::;:;~=::;~::::;;:~~""
L..
~/~
..J _.-..,;__iiiWiiiiIiiioliiiiiJloi __...,jIlllllliii.....
'"<I~OTAY WATER DISTRICT
w~NEW CINGULAR WIRELESS PCS.LLC SITELJ~1200-1 RESERVOIR
'"~LOCATION MAP~.._---_..._~~-~~~~-~~~-~~~~-------_....EXHIBIT B ATTACHMENT A
EXHIBIT B
A 1'1'A CH1Vn~N'l'B
Ll~GAl.DESCR1PTlON (}F TIlE PHOPERTY
ALL rr(i,(r (~'{1~!{/1/)\/PE.4i...r;iF?()f,-:rr?Ty S':nr-,~~F,r"n it)FJ4r"C'{)/}/j{)1 (),r-:::',luV
..St>.{rE~CI"DE:SC"f?/i:.?E-[)/.~:.;--/,'"(i!.L {nts'.
/tlj!:.,r {)()h'77Cl.j CF"s·t'·C~'/jO/"j 20,r(:n·t\:S/-j/F'/t>Sf);',J /,f\~/!}V(;i:~"J E,"A 5;'t,S/~t/
ijL"/a"~jJJ-i/?O!l\/:::)/)/..3("..4/\/('2 .AJt·.~-;//)(Ar/il'··f )"J.-/E ~-:()L//'i Y'Y';),c·_;_~_:~_A/\i [)fE"'CC1..,),;"_,'
:EXHIBIT B
Al'TACHlVIENT C
IAS(;AL DESCIUPTION mn'HE PRElVHSES
EXHIBIT "A"
LEGAL DESCRIPTION Of THE PRHilISES
Otay MonalTh Water Tank
1697 Burris Drive
EI Cajon,CA 92019
PROPOSED EQUIPMENT EASEMENT
A PROPOSED EQUIPMENT EASEMENT LYING WITHIN A PORTION OF Tf-IE NORTHWEST
QUAF?TER OF SECTION 20,TOWNSHIP 16 SOUTH,RANGE 1 EAST,SAN BEF?NARDINO
BASE AND /vIEF?IDIAN IN THE COUNTY OF SAN DIEGO,STA TE OF CALIFORNIA AS
SHOWN ON THE COUNTY OF SAN DIEGO TRACT 4394-2 ACCORDING TO MAP
THEREOF NO 72574,FILED liV THE OFFICE OF T/-fE COUiV TY RECOF?DER OF SAN
DIEGO COUNTY FEBRUARY 28,7990 AS FILE NO 90-708252,BONG MORE
PARTICULARL Y DESCRIBED AS FOLLOWS'
COMMENCING AT THE SOU THEA S TERL Y CORNU?OF Tl-/E PARCEL OF LAND LAB£LED
"NOT A PART"AS SHOWN ON SAID MAP NO 72574,THENCE LEA VING SAID
SOUT/-IEASTERL Y COFfNER N47"52'44"VV,72385 FEET TO THE POINT OF BEGINNING,
THENCE N5T77'24"VV,3700 FEET,THENCE N32"42'36"E,7529 FEET,THENCE
S5T17'24"E,16.91 fEET TO A POINT HEREiNAFTER REFERRED TO AS POINT "A ",
THENCE CONTINUING S5T17'24'E,1092 FEET,THENCE SOT70'46''w,6 42 FEET,
Tl-IENCE S32"42'36"vV,9.70 FEET TO THE POINT OF BEGINNING
THE BEARINGS S/-IOWN /-IER[ON AR[BASED UPON T/-IE STA TE PLANE COORDINA T[SYSTEM
OF 7983 (NAD 83),CALIFORNIA ZONE 6
SAID PROPOSED EASEMENT CONTAINS 465 SQUARE FEET,MORE OR LESS.
ALL AS SHOWN ON EXHIBIT ''8''ATTACHED HEFfETO AND MADE A PAFf T THEFfEOF
PREPARED UNDER MY SUPERVISION
AR NDO D.DUPONT,
?LS 7780
REG EX?DECEMBER 31,2009
SHEET L or 4
i
~!~.'..'•.,:
"I
~i
f.,.!..
f,"~i
SURVEYING,INC.
411 JENKS CIRCLE,SUITE 205,CORONA,CA.92880-1782 PHONE:951-280-9960 FAX 951-280-9746
Job No.09723
Drawn By:AL
Date:09/22/09
www.calvada.com
I;).~
EXHIBIT "B"
Basis of Bearings
THE BEARINGS SHOWN
HEREON ARE BASED UPON
THE STA TE PLANE
COOROIN.4 TE SYSTEM OF
19BJ (NAD 83),CALIFORNIA
ZONE 6.
'.y',~-_POINT "f1."
~
POINT OF BEGINNING -./
POINT OF COHHENCEHENT
N 89'41'14"E
CURVE IABLE
CURVE RADIUS OWA LENGTII
CI 55.00'38'28'30"36.93'
C2 7258'25253"365'
C3 4800'46'0759"3865'
C4 31.00'30'41'13"16.60'
CS 64.13'57'15'2J"64.68'
C6 1900'49'13'49"16.33'
C7 187.14'I42S'46 "47.13'
C8 125.00'926'43"2061'
DEPICTION OF THE PROPERTY-PREMISES -TEMPORARY TRENCH EASEMENT
Otay Monarch Water Tank
1697 Burris Drive
CI Cojo"CA 92019~,~~~~~~::~:~.E.~..~:R..c.::::::'I~'
?~_~___.=)<~5'UTILITY EASEMENT
">.,/tf//>""\~\
J/;/\t-,P.·~..I/\:\\..•}y \t
}/(\\:bll~\\5'
.•.1~TANK =!1_tI::::23.,5":1 \I~\~\\;\J i\~\.\..'Pi~~~0 ;1;I
!I 'I
L./..•.~.L.~"',.""'.,'1.1:.?=--"----.D I
LINE IABLE
LINE BEARING LENGTH
LI NS7'l7'24-W 3i.OO'
12 NJ2'4?'36"E 1529'
LJ 557'17'24''[/6.91'
L4 5S7'I7'24"E 70.92'
L5 5OJ10'46"W 642'
L6 5J?'42']6''w 9.70'
L7 N32'42'J6"E 2,50'
L8 NSn7'24"W 3.77'
L9 N30'/I'57"E VO'
LlO 5lJ74'S2''w 24.92'
LJ1 582V7'0J',[26.2S'
~I
'";,1"'"0'"I 15 ..\021:i<:SCALE:1"=..\0'
S89'41'WW 210,00'
COUNTY
LOT 56
OF SAN DIEGO TRACT 4394-2
MAP NO,12574
(ALVADA
SURVEYING,INC.
411 JENKS CIRCLE,SUITE 205,CORONA,CA.92880-1782
SHEET 4 or 4
PHONE:951-280-9960 FAX:951-280-9746
Job No.09723
Drawn By:AL
Date:09/22109
www.calvada.com
jEXHIBIT B
ATTACHMENT I)
DEPICITON o.F TliJ£FROPKI:{TY AND ]>REi\USES
T-1
·at&t
MO,BIL,ITY
),F'PRCoVALS
880631-02
TilLE SHEET
OTAYMONARCH
TANK
---'"===1
f.n5 [,USI':f)t,iUlEV,I,RUSAr~'JIE:00,Ci.'~211(
===-=====--
----·,,===1
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SCALE
SHEET SCHEDULE
APPliCABLE CODES
'"?<'NI(:~1ii,W 1.')<'.....,."''''''','<c"'"'",,'''''''FE'....\~}·l';.I,lm "r.!{(,
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MOBILITY
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1697 BURRI8 DRIVE
EL CAJON,CA 92019
880631-02
CONSULTANT TEAM
-\RCH1TECT;
ACCESSIBiliTY DISCLAIMER
VICINITYMAP
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------,,===:'>,,[1:::1 riTU:
RECORDED ACCESS
DOCUMENTS
-----_..===
A-O.2
----~--;:_...._---
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OTAY MONARCH
TANK
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580631-02
PROJECT /-lUMBER
MOSIL.ITY
If.,S'Y BURRI'S DRiVE
£L CAJO'N.CA92,f!9
SAN DIEGO COUNTY1===··===mt.a.wlI~G I>....TESO;-(IS/~$~RCt.ihl ZO ~t'll~\li ("i)~l/~,!:'!O~,Fll,i'<.w IIEVilW (r••»QV\7/"~~C,IItv1SjQfI$(lW)ri:;5~g~~OWNr.R ('~"'\lt"l:>(""(~'l)
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KEYED NOTES:
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0-~~~~~~~);t;~:~\(i~'~~~::~<1.~(~;~~;~Y'~~~~2;1 {.'-Di.~C':"~(TO
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1
WALL SECTION A
BTS EQUIPMENT PLAN
r
_.-------~--~.--_...~.
._,---_.~._--"~---~_._.--".""
KEYED NOTES;"J>!;~'",!!rf1",,~..",,-
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at&t
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eOULrVA><DCAn121-'----,,===
AJ'>PROVAL5
.......................~,-".'_..__.$,ICACo:li./iSllI0tl
WEST ELEVATION
$'~'tor.I'''''
SOUTH ELEVATION
lli:".Al.f::\!4'_I'.!r
----::===1
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TANK
SS06$1-02
EXTERIOR
ELEVATiONS
-----~:----~
i
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880631-02
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at&t
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1===::===1PROJECTN;',M::
;TI"i_E
I EXTERIORIE~EVATIONS
1~=:'::'=""'''''=''=
Il_~A-_~_J
KEYED NOTES
NORTH ELEVATION~l!.;i,'l':.l'q
EAST ELEVATION
SCo'lE:1,Y'\',q"
I(1.97 BURRIS n~IVt
£1"CAJ{)r,.(';.!;n01;)
'$AN Di<;GO CUUNTr===1
A-4
880631-02
OTAY MONARCH
TANK
MOBILITY
'-~'-at&t
---"===1
BTS EQUIPMENTELEVATION
&
ANTENNADETAILS
===..===."p.CJrC'NAME
=--=':"~-----
------::-------
===,,---
::il-t::CT fiTU:
!==="---
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BTS EQUIPMENT ELEVATION
l\C.iIl..l'11W.\'.q'
KEYED NOTES:
(;.;'fri~-~.:;"';:::.:'~:;",:~;~~~l1l?'~i!~,k,~~'~~~,';({,,,
«()i";N"J$!:~n'".,)"',I,~I(''.I';';''Um(Ff,/K;C Will<"'-Kil!:",I';I'~H',(,'~ili':r,~~\f"n"Cf r,l:~JfNHf,l!'tlI!CL."i'l';'I)
<1)j~7~:~;J;~f~;/'~jhr;~~'t ~-r~·.n~~mH f:l.<''''i,(i.~Wli~1
1-----
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SS0631·02
C-1
MOBILITY
at&t
f6,1'l'rHiRRIS C~jVi.:n.C:..J(}I'j,CA 92019
$AH DIEGO COLil'ilY
====1
OTAY MONARCH
TANK
...---.----..===1
---"===1SHEETTITLE
TOPOGRAPHIC
SURVEY
~-=::-----I
~j ,.4fl1ii,
gl·i~Lgil
--._-.__._-------_...""..~------_._----.~._.~-----.."
EXHIBIT C
TO AGREEMENT BETWEEN NEW CINGULAR
WIRELESS PCS,LLC AND OTAY TO LOCATE
COMMUNICATION FACILITIES AT OTAY'S 1200-1
RESERVOIR SITE,DATED (THE
"LEASE")
DEPICTION AND LEGAL DESCRIPTION OF
TEMPORARY TRENCH EASEMENT
Easement Requested?
Easement Granted?
~Yes
[i1 Yes
D No
D No
If Easement granted,complete the following information:
For good and valuable consideration,receipt of which is hereby acknowledged,the Otay
Water District,as Grantor,hereby grants to New Cingular Wireless PCS,LLC,as Tenant,a
temporary Easement to excavate,remove dirt and do any act necessary to install,operate and
maintain power lines and cOlmection lines as required in connection with the communications
facilities and the antenna to be located on the Premises.The legal description ofthe land subject
to the Easement is as follows:
A drawing depicting the Easement is attached hereto.Tenant may not sell,transfer or
assign the Easement herein granted to Tenant.Tenant's rights under the Easement are
specifically limited to the installation of such power lines,transmission lines and other
communications lines and accessories as required to efficiently operate Tenant's communication
facilities on the Premises.
Lease for Telecommunication Facilities Exhibit C -page 1
The Easement shall automatically terminate on the day that is thirty (30)years from the
date of the Lease.However,ifthe Lease is terminated earlier for any reason,the Easement will
become unenforceable and,for all purposes,terminate on the date the Lease is terminated.
Grantor reserves the right to use the lands that are subject to the Easement in a manner
such that it will not interfere with Tenant's use thereof.
Grantor retains the right to remove,at Tenant's expense,from the surface of the
Easement any item,structure improvement or portion thereof that interferes or conflicts with
Otay's use ofthe Property.
Tenant agrees to indemnify,defend and hold harmless the Grantor for any damage to
property or person (including death)and any,claim,suit,action,cost or expense arising in
connection with the Easement or Tenant's use or installation of any item,line,facility or other
thing in connection therewith.
Tenant agrees to maintain the portion of the Property subject to the Easement in
substantially the condition it is on the date the Lease is executed,excepting only such changes as
are accepted by Otay in writing.
Lease for Telecommunication Facilities Exhibit C -page 2
EXHIBIT "A"
LEGAL DESCRIPTION OF TEMPORARY EASEMENT
Otay Monarch Water Tank
1697 Burris Drive
EI Cajon,CA 92019
PROPOSED UTILITY EASEMENT
A PROPOSED 5.00 FOOl UTILITY EASEMENT LYING WITHIN A PORTION OF THE NORTHWEST QUARTER
OF SECTION 20,TOWNSHIP 16 SOUTH,RANGE 1 EAST,SAN BERNARDINO BASE AND MERIDIAN IN
THE COUNTY OF SAN DIEGO,STA TE OF CALIFORNIA AS SHOWN ON THE COUNTY OF SAN DIEGO
TRACT 4394~2 ACCORDING TO MAP THEREOF NO 12574,FILED IN THE OFFiCE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY FEBRUARY 28,1990 AS FILE NO 90~108252 SAID PORTION
ALSO BE!lI/G THE PARCEL OF LAND LABELED "NOT A PART"AS SHOWN ON SAID MAP NO 12574
T'-iE CENTERLINE OF SAID 500 FOOT EASEMENT BEING fI,/ORE PARTICULARL Y DESCRIBED AS
FOLLOWS
BEGINNING AT POINT "A"AS DESCRIBED ABOVE,TNENCE N32"42'36"[,250 FEET,THENCE
N5T!7'24'W,3.77 FEET TO mE BEGINNING OF A TANGENT CURVE CONCAVE NOR mEAS TERL Y AND
HAVING A RADIUS OF 55.00 FEET,mENCE NORTHWESTERL Y ALONG SAID CURVE,THROUGH A
CENTRAL ANGLE OF 38'28'30"AND AN ARC DISTANCE OF 36.93 FEET TO mE BEGINNING OF A
COMPOUND CURVE CONCAVE NOR THEA 5 TERL Y AND HAVING A RADIUS OF 7258 FEET,THENCE
NOR mWES TERL Y ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 2"52'53".AND AN ARC
DISTANCE OF 3.65 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCA VE SOUTHEA 5 TERL Y
AND HAVING A RADIUS OF 4800 FEET,THENCE NORTHEASTEF?LY ALONG SAID CURVE,THROUGl-I A
CENTRAL ANGLE OF 46'07'59"AND AN ARC DISTANCE OF 3865 FEET,T/-IENCE NJO'II'57"E,720
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUT/-/EASTERL Y AND HAVING A RADIUS
OF 3100 FEET,THENCE NORT,'-iEASTERL Y ALONG SAID CURVE,mROUGH A CENTRAL ANGLE OF
30'41 '13"A/I/D AN ARC DISTANCE OF 1660 FEET TO THE BEGINNING OF A COMPOUND CURVE
CONCA VE SOU THERL Y AND HA VING A RADIUS OF 64 73 FEET,mENCE EASTERL Y ALONG SAID
CUF?VE,T,'-iROUG/--I A CENTRAL ANGLE OF 5T!5'2J"A/I/O AN AF?C DISTANCE OF-6468 FEET TO Tl-IE
BEGINNING OF A COMPOUND CURVE CONCA VE SOU TNWESTEF:L Y AND NA VING A F?ADIUS OF-1900
FEET,T,'-fENCE SOUT,'-fEAST£RL Y ALONG SAID CUF?VE,THROUGi-f A CENTRAL ANGLE o,e 49'13'49"
AND AN AF?C DISTANCE OF 1633 FEET TO mE BEGINNING OF A COMPOUND CURVE CONCA VE
SOUTi-IWESTEF?L Y AND /--lAVING A F?ADIUS OF 78714 FEU,THENCE SOUTi-/EASTERL Y ALONG SAID
CURVE,THROUG,Lf A CENTRAL ANGLE OF 1425'46"AND AN ARC DISTANCE o,e 4713 FEET TO T,'-fE
BEGINNING OF A COMPOUND CURVE CONCAVE NOR Tl-IWESTERL Y AND ,LIAVING A F?ADIUS OF 72500
FEET,Ti-!ENCE SOUTHWES TERL Y ALONG SAID CURVE,Tl-IROUG/--I A CENmAL ANGLE OF 9"26'43"AND
AN ARC DISTANCE OF 20.67 rEET,Ti-/ENCE S71'14'52"VII,2492 FEET,TNENCE S8T07'03"E,2625
FEET TO Tl-/E END OF SAID EASEMEN T
ALL AS SHOWN ON EXHIBIT "8"A TTAC/--IED /--IERETO AND MADE A PAPT Ti-!EREOr
PREPARED UNDEF?MY SUPERVISION·
AR NDO D.
PLS.7780
REG EX?DECEMBER 37,2009
(ALVADA
SUAVEYING,INC.
411 JENKS CIRCLE,SUITE 205,CORONA,CA 92880-1782
SHEET J or 4
PHONE:951-280-9960 FAX:951-280-9746
Job No.09723
Drawn By:AL
Date:09/22/09
www.calvada.com
I
Basis of Bearings
THE BEARINGS SHOWN
HEREON ARE BASED UPON
THE STA TE PLANE
COORDINA TE SYSTEM OF
1983 (NAD 83),CALIFORNIA
ZONE 6.
POINT OF COMMENCEMENT
POINT OF BEGINNING ~
CURVE TABLE
CURVE RADIUS DELTA L[NGTH
CI 55.00'38'18'30"36.93'
C2 72.58'2'52'53"3.65'
C3 48.00'46'07'59"38.65'
C4 31.00'30'4r'13"16.60'
C5 54.73'57'15'23'54.68'
C5 /9.00'4973'49"15.3J'
C7 187.14'14'15'46"47./3'
C8 /25.00'9'25'43"20.51'
EXHIBIT "B"
DEPICTION OF THE PROPERTY-PREMISES -TEMPORARY TRENCH EASEMENT
Otay Monarch Water Tank
1697 Burris Drive
EI Cajon,CA 92019!:!.J9'4.J.1!":;.E _
LINE TABLE
LINE BEARING LENGTH
LI NS7'l7'24 "W 3/.00'
L2 N32'42'J5"E 15.29'
13 557'17'24"[15.91'
14 557'17'24"[10.92'
L5 503'/0'46"w 5.12'
L6 5J2'42'J6"W 9.70'
17 N32'42'J6"f 250'
L8 N5777'24"W 3.77'
L9 N30'/1'5n 7.20'
LID SII74'S2"W 24.92'
LIt 582"07'03"E 26.25'
I~"'<C:n~o11I:i>
0(
2
,f;!
2r".
~I 0'"I 15 30§t :i""SCALE:1"=30'
589'41'I4"W LOT 56
COUNTY OF SAN DI[GO TRACT 4394-2
MAP NO,12574
SHEH40F4
(ALVADA
SUAVEYING,INC.
411 JENKS CIRCLE,SUITE 205,CORONA,CA.92880-1782 PHONE:951-280-9960 FAX:951-280-9746
Job No.09723
Drawn By:AL
Date:09/22/09
www.calvada.com
EXHIBITD
NEW CINGULAR
OTAY TO LOCATE
AT OTAY'S 1200-1
___(THE
TO AGREEMENT BETWEEN
WIRELESS PCS,LLC AND
COMMUNICATION FACILITIES
RESERVOIR SITE,DATED _
"LEASE")
List ofAttachments to Exhibit D:
Attachment A.Depiction of the Telecommunication Facilities
Attachment B.Permits
Lease for Telecommunication Facilities Exhibit D ~page 1
EXHIBIT J)
ATTACHMENT A
DEPICTION OF THE TELEOOMM1JNICA'rrON FACILITIES
--.---------..--------.----.-..--.-----.------.------------.----.-----.--..--.----.-.--..- -··-····-·---·--f!F~;lii~:;1~r-,~;"~;O:;:;:,;;.~:,"=""=!~;:.;;-:,',.,;;..,";;;,;.,,~~iiIit!,,;,,2,,;"'.~;;;,;~2:J~"":,";,.,,,j:*.;,~~f"'~!;:T,,,:i~Uig~,t,~0"~:·''r',t!!~:i;:!;"~::"~""'~'"
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at&t
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~.t0811..ITY
SSD631-02
A-C.!
OTAY MONARCH
TANK
ENLARGED SITE PLAN
ens ~'~~f.;,=_"__".~::'I n;i:_f;'~:=====,I
ENLARGED SITE PLANr./;;.:.L·:'·.I~·(J'
JIXnWIT D
ATTACHMENT 13
PERMITS
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US
MINIMUM STRUCTURESETBACK
,-,{j
ODiscre[ionary Permit Number
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ES _
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7
DESCRIPTIONFEE
Lot Size
Buildine Tvpe
Density
Coverage
DESCRIPTION--------"tv't\"':i
~I FloorArea Ratio
Cll OpenSpace
~fil'Max.Floor Area
NEIGHBORHOODREGS.
WWDP No.or SewerReceipt No,
orDepartment ofEnvironmental
Health approval
USEREGULaTIONS
SPECIaLaREa REGS.
~I I/UJl--,&Y'.p I
u~I I I
;1 I I
'i ,'..~,',A .''., .,',,''''f !,~''''''';')-'....~9;;1 t;',,)I ''f'''''';'WI ,..,.f ".,"..1 \~..-1/\";0 I i (;,I ""'"/.Jft 71 il1l''f/1 l)I\.1k..~N I'\I)-·J1-,iL-·~trf'"(""'~,SiteAddress.'','"~',!»1·".,~'j£g o.~\'''i'''···'-''-~'·'''''''."'...~~)''¢CI:I~~,~=l::'(\:"'~"".(',I (,,'• .;oj ~1Z ;:z ='~to:!0I ,...,,-.y,t v"l !I'l L,~V\'"0 '"0 '"Fl;;:S
Cross Street \ \1 I 0...'',J \,,'.Comnwnity "\'.\.1,.'\'11 :-1 '-?:m~R'!Ii..~lIil ~
THOM.A.S.BR.os:I'i:')'!.~.f\L ....\..~~z~'··"..tS'I;'l,~0<,.",...'\ \i.\f..,..J &;'":!l"I:l ~0
Class ,,!,a!Use of . .',,",<.'J..J}"'-~'lll 2'S.~"'lCode?}_"Structure ,.'/V Ii \"-~,~~P Q ..'"0 00
...&.',::~5;~~~0 ~~
AREA .vALUATION S;ti1 ~Z~,gj
I q~T7~~AN"..,...,..."!!31lr:~~2 i~~I I ,.':;I;'l
gl I ,i
~r I =~~i~~'"tol
oIaml:1 homeQ\lil1e,~improvingmyprincipal placeofresidence.orappurtenancesthereto,~thefollowingconditionsexist:(1)the workwill beperformedpriorto
~;~~1r:~e~~~1~~~r~t~~id~~~t~~;:~~~~~n:n~S=,~:~:~Ots~~~~',B~~~~;S~~p<;~~~~~C~~rion from the ContractorsStateLicense
WARNING:FaUure t,)s..ecure worker's compensation coverage is unlawful,and shall subjectan employer[0criminal penaltiesand civil fines up to one hundred
thoL!sand dotIar$.($1OO.OO!l).in addition[0the cost,ofc:ompens~tjon.damages as provided for inSection 3706 oftheLabor Code,interest andattorney's fees.
o1,~lS Qwnerofthepropeny,buildingorimprovingstructurethereon,orapplUteI1aO.ccs thereto.willdotheworkmyselforthroughmyow-nemployees:with wages as
~~~rllN,O~)~AP:JCAlJ.r~el~n;:::~::~~~~~~~~~n~~~=~~=~i:~~:r:~f~h~ff~~o~o~ff:n~~;J~~~~:0h:~~~~~
builderWlthlD ()fJeyearafter~pletionof.s.amcconslitute.'ia~uttab~epresumptionaffectingtheburd~nofproofthatsuch 5~turewas undel'Ulken forpurposes of
sale.Pn)Of of tb~snle orOffering.f()[sale 0.f..fi.ve o.r m..o,re strucr:ure(i"t?y the .owner~Quild.cr Wlthin.one year af~r cpmpletion generally constitutes a conclusive I~presumptit.'!n ~~.th-f:,stnlCturesWerQ undQ.rtaken fQ~.~.rposes ofsale (Sec.7044(c){3),Businessand Professions Code).=:1 I I
ol,asowner~)fthe p'I."OpC-rty,builc:lingorimpnwingstruet~s theTOOntorappurtenancesthereto.will contnlctwithaCOQlraCtm-(S)orsubcontrac-tor(s)licensedpursuant
totheContractors'SrateLii,.-enseLaw toconstmcr the pro)~(.Iwill notconstnIct more thanfour (4)single:--familyresidentialstructures which are intendedoroffered
for salt within acale:n<far year,e-..xcept that such limltatwn shall not apply ifIcon1ractwith ageneral contractor for theCODstruc.tion (Sec.7044(b),Business andPm.f~sions Code.).
NOTiCETOAPPUCANT:Sec.703J.5oftheBusinessandProfessions Code specifiesthat eacl)countyorcitywhich requjrestheissuanceofapermitasacondition
~eIlt tothe:construction.altorarion,improvement.demolitionor repairofanybUildingorstructureshall alsorequirethateach applicant ~orsuch apennitfile as a
conqlUO-tl precedenttothe i.ssunnce ofa pen;nita,state,l1leot which beor she has prepared and signed stati.ngthatthe applicant is liceJ;1sed undertheprovisionsofthe
COl;l:~tots StateLicense Law,or,iftheapplicantis exempt from the provisions ofthe Contractor's State License Law.the basis for theaUegedexemption.Any
.vfffl'MiQ.Il.<.tof Sec.703!.5byany applicantfor a permit ~I be sUbj~to acivil penaltyofnot morethan five hundred doUars ($500).
Owner'""
SigRaIUre Dare
WORKERS'COMPENSATION DF-CLARAnON
Ihereby:dfirml;iUder peMJ'ty ofperjuryone ofthe followingdecla.rations:
o Jhave andwIII maintain acertiUca.reofconsentto self-in$urefor workers'compensation,as proVidedforbySection 3700oftheLaborCode,for tbe pcrfonnanceof
th~ofkfQrwhich this petm1tisissued.¥!Ipveand will mainrait'l workers'compensa~ion i.nsunlJ~.as requiredbySection3700 ofthe LaborCode,for theperfonnance ofthe wodforwhichthis permitis
/Bstied.Mywork,e.ot compensation insurancec.arriet,·:and policynumber~:
.Ct:ujer--':':-;'"::...Lj~//:,_WJt:;61 J~~·t(fq ,PolicyNumber IAi(~"{,./If)C(/::Z;~~~,..."':::')~"l;r-I:;._,(This section\i'ecxl notbe coinpteted iflhepennitisfor one hundred dollars ($100)or less)
LJ 1ce-rl'ify t.."al.in the perform~'1ce ofthe workforwbl<:h this.pennitjs issued.Ishall not employany person inany mannerso as to becomesubject to the workers'
compen.~tion lawsofCalifornia,andagreethatiy shouldbecomesul;>-ject totheworkers'compensationprovisionsofSection3700oftheLaborCode.Ishallforthwith
compl)'with thosep«lvisioos..;,~.
Applico,nt's ./Signature_,_~_,_,, ,.".Dare _
,'1
~---APPLICaNTTOCOMPLE'J'ETHISSIDE-PLEASE PRINTFIRMLY WITHBALLPOINTPEN i
BUILDING PRO,l>p'lPEtITIF aTION..r.'I'l"'-'".,•.- .r(I •.,t:)/}.,v'F',,,·,}J(J,'}?...".."",.,.5#",/',Assessor's J)~<\I"t ..?i~~.,:/'{~""7'ISirl!Addre~·,~_.__I-fE:/-i_~,.....t"f ~"')J;A,..··i_,_~,""')1 {~,,~.../'ParcelNo.\,i I I~'./-,..,,"',~~.;~,'~~t.",.-~,.t,--~l}"~,('"1:l 1,Te/epholle It;;~:c~)G-:;,"'1,:t~~'~-,.N}.
qOw••r:~Na",.Jt.2t1.II.t)t/li(J'f'1...........'.~umb.r ti'l~it'lt;;hl·;~'fk'!,.,...'"
Ow""".'~-';':"'1 •t:".r #1-" ('i .//(;.41 ....),/,./;{i /~4 /1-)I ",;'~Addr.s-,.i.L.4,;10 t{K'lj'r(f,jArf-<it it'UU/f Zip Code Je7h;/r
I.1CENSEDCONTRA.CTOR DECLARATION- Ihe'I'Cby affrnll that Iamlicensed under provisions ofChapter9 ofDivision 3ofthe StateofCaliforniaBusiness
2""andProfe.'i.4jr~Cre,/ft~~fK;ing ~ith Sec.7000,andJ'~~~nse is in fulJ fo~and effec~.,......~......'.•
"f;/fi"i.lI,,(.t'\\",f,"J,I J~~,1"1R_b J C.,.,·,Si8twlUre_~~(p;"'·\."};,%,,...::~,c""-Date.t~H [}!","··..i./Jc;w;oRNiAI:1CENSEDCONTRACTOR.INFORMATl~)~(:::::/:~~"f~)U/'~c(\r:~,:/J·l /.,~rs~"(:;'-\"V"i'~1(()(~(t(")/",~=Jr;n£(ll:S ,(t~S"~:-',C.lll-;~-'?'e"
CAI",u,:efl:$e',:)--J."'CA ut:eiiii ~~\'-"~'~~'>"."-,\Class ~._____·,Number ..Lt-···-,),-,f<...,~--'_:S"-"~iI;~);""""'!..j''c'-.",-_
I fZ,~:;:;~~~r."JJ.!:j{)!,.i;,('It:;'¥":/.,O~· ~~:l",~;y./",'F1";--,/);i-~,..~~;:;"'",r'1,(.;~.
OWNER·BUILDER DF-CLARA'nON 'I I_byaffinn tiUlI [lll1!exemptfrom 'heCOntraclorSStateLicense Lawforone ofthe following reasons:
Distribution:White •Inspector
Yellow·Pennittee
Legal Description
CONSTRUCTION LF..NDlNG AGE.~CY
I herebyaffirm thalthen:isaconstruct.ionlendingagency for theperformance of the workfor which this permit is issued (Sec.3097.Civil Code).
Lender's Lender'sName...._._,.._.~_,_~_____Address_
Icerf.ifymalIhave.~~isapplicationand state lhattheabove information i.scorrect.Iagreeto comply withall countyordinancesand state lawsrelating tobwlding
10constmction,an~'-fi<f~~~~~?:i2'~,repres.entatives o~.this countyto enter upon the above-mentioned propertyforinspccti0r~wposr'i·".'
Applicant's ,/.,:,)·~~t~'}.~/$':2.'l ·{".{·I /..~;;:.~~""....'.§!').,.l/"lpn~~.':.i,.l..'"ifi'..~'i lit ~!}~'~tl/~l-lSignarorc__,_::.r;,...LrL i..L;lJG"-fl i~t''-._,~-1.t-:J_lj!"..{,-'i'e i'/.lit.7~]J'CDate (Il y!V ,
.,..1./,'"_'J ,~~•.:..,,.!'~<\",-:,":,rJ l"i)'~,•~,f'~
Appile,",""f"j;h',(!·.""II.~<:"/!1IiI'";/\,,/"/1 j VAddre,v:,_l--:.LL (....l,:/:~-J.~J '.......i't /.:;:,'ii'''~'''-./.~"t r··",·""·,,/)
http://www.•(jcounty.ca.gov..dplul
DPLU#291 is/Jl07)
/r~It/I,l""..
Plans K...:t:::!IIapprovedby.~'."'~...~;l/~!"-
Zoning '''-..~}F J",-~approved by..4--4-\,j \J LA'~kf
f 1 ,l"',,.,'<t.....~_.,_l__.~.,
Application 1/V/I/J jA...A"approved by ,\'..',I ,';it
,I/\.''/t.\'
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l),;'7'/'.'1 '.'l/I',,·,{:7'r5 l1 jil'P'!{/v'l!#r VI"-~...,'.',//'",-~'I "Il .',"Mut,IIb ,//)l;/r,/Cii'
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FEE STATEMENT
Permit Type &Number:1019 -20090139
Permit Description:PERMIT-COMMERCIAL
Project Name:
Permit Owner Name:AT&T MOBILITY
Site Address:1697 BURRIS DR
El Cajon,CA 92020
APN:517-282-09-00
Project Description/Scope
Cross street:TINA ST.
Statement Date:11 AUG 2009
Project No:
Client No:
Description of Work:UNMANNED CELL SITE NEW 273 SQFT CONCRETE BLOCK ENCLOSURE WITH 3
EQUIPMENT CABINETS,&12 NEW ANTENNAS FACADE MOUNTED ON AN EXISTING WATER TANK &NEW 200 ~~~P
METER FOR AT&T MOBILITY
Valuation:$125,000.00Fee/Deposit Details
Fee Code Description Acct.Code Amount
1C00016XXO
lC00017XXO
1C00021XXO
1BP0145XXO
1C00040XXO
lC00041XXO
1C00043XXO
1BP0132XXO
STATE FEE (COMMERCIAL)
SEISMIC FEE (COMMERCIAL)
GREEN BLDG FEE (RES &COMM)
ELECTRIC PERMIT ONLY
ARCHIVING BASE FEE -RECORDS RETENTION
ARCHIVING FEE -PLAN PAGES (OVER llX17)
ARCHIVING FEE -LETTER/LEGAL UP TO l1X17
PERMIT -COMM MISC.ANT.,CANOPY,RACKS
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
7.65
26.25
5.00
226.00
8.20
48.30
40.00
527.00
Total Arnount Due:
l .__~....__.,_..k'._L_.__.-,----t-----J
$888.40 1
COUNTY OF SAN DIEGO
DEPARTMENT OF PLANNING AND LAND USE
5201 Ruffin Road,Suite B
San Diego,CA 92123
858-694~2960 RECEIPT NUMBER:
Cashier:
Page I ofl
09-0584337
CTRlEUPL
APN:517-282-09-00
DATE ISSUED:II-AUG-2009
PERMIT:101920090139
SCOPE:COMM'L MISC (ANTENNA,CANOPY,RACKS)
SITE ADDRESS:1697 BURRIS DR
SUBDIVISION:
CITY:EI Cajon,CA 92020
Fees Calculated 12 Months Back
PARCEL OWNER:OTAY WATER DISTRICT
ADDRESS:
CITY/STATE/ZIP:,00000
PERMIT OWNER:AT&T MOBILITY
ADDRESS:5738 PACIFIC CENTER BLVD
CITY/STATE/ZIP:SAN DIEGO,CA 92121
Date
II-AUG-2009
ll-AUG-2009
ll-AUG-2009
II-AUG-2009
II-AUG-2009
II-AUG-2009
Il-AUG-2009
II-AUG-2009
Fee Code
IC00016XXO
lCOOOl7XXO
lC00021XXO
1BP0132XXO
IC00040XXO
lC0004lXXO
lC00043XXO
IBP0145XXO
Description
STATE FEE (COMMERCIAL)
SEISMIC FEE (COMMERCIAL)
GREEN BLDG FEE (RES &COMM)
PERMIT -COMM MISe.ANT.,CANOPY,RACKS
ARCHIVING BASE FEE -RECORDS RETENTION
ARCHIVING FEE -PLAN PAGES (OVER IIXI7)
ARCHIVING FEE -LETTER/LEGAL UP TO llX17
ELECTRIC PERMIT ONLY
Totals:
Paid to Date
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
This Receipt
$7.65
$26.25
$5.00
$527.00
$8.20
$48.30
$40.00
$226.00
$888.40
Balance Due
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Payment Code
CHECK
Description
CHECK #31158
Tendered:
Change:
Balance Due:
Amount
$888.40
$888.40
$0.00
$0.00
ERIC GIBSON
DIRECTOR
DEPARTMENT Of PLANNING AND LAND USE
5201 RUFFIN ROAP,SUITE a,SAN DIEGO,CAl.II'OflNlA92123-16BB
INFORMATION {SilS)694·29BO
TOl.L FREE (800)411·0017
WWVi.lldcounty,ca.gov/dplu
May 26,2009
Karen Adler
Plan Corn,lnc.
302 State Place
Escondido,CA
SUBJECT:Otay Monarch Tank Wireless Telecommunications Facility Major Use
Permit;PQS~006;ER:08~14~005 ~TRANSMITTAL OF FINAL PROJECT
DOCUMENTS AND CUSTOMER SATISFACTION SURVEY
Dear Ms.Adler:
Your Major Use Permit for a wIreless telecommunications fadlltywas approved on May
8,2009,by the Planning Commission with various conditions (see attached decision).
This letter Is being provided to transmit all final project documents for your records.We
would appreciate your comments on the processing of your discretionary project.We
have attached a Customer Satisfaction Survey along with a self-addressed stamped
envelope.Your comments wm be used to help us serve you better in the future.
As>a reminder,you must satisfy all "A"Conditions prior to obtaining any bUllding permit,
satisfy all"B"Conditions prior to occupancy,and comply with all HC.,Conditions
throughout the life of the permit.Please ensure that all "An Conditions are satisfied and
provide evidence of their satisfaction when yOll submit your building plans to the San
Diego County Building Department.To assist you,DPLU staff has listed the
responsible contact person(s)below for the various conditions.You may contact the
responsible person below to obtain general information On how to satisfy the applicable
condition.
P08-006 -2-May 26,2009
f:
;;
)1I:
'i
D~~
-------1
DPLU NA
DPLU'(858)694-2581
DPLU I (858)694-3723
DPLU (858)694-3011
A.S
C.17
B
Ai
A7,8.1
B_.._-----~~--~~-_.
B ,I Storrnwater Compliance DPW Team Leader (858)495-5804
DPW Sign Off ConditjO~~~--lr-D-P-.W !i~am..Leader (858)495-5804
DPW Team Leader I DPW_....~__Ric_h_ar_d_L_a_nt_is !--1(_8_5_8_)4_9_5_-_5_80_4_'~--J
DPLU PROJECT MANAGER-i DPLU Marcus Lubich (858)694-8847
~~~--~~-+--~--~~-~---~+~~~-~------~--~_.._---------_._-
NOTE:8uildlng permit plans mustcQnform in detail to the approved design.AnyprojectJhaLW§l$
approvecjthrough a 8it~PlgH1,or Maior Use Permit is required to be 100%.QQflsietentwlthJ.hatQ.flJ1!Q.lJJar
USe permit.Failure to conform canp§luse d(';layto or denial of building permits and reguirefonnal
€lmendrnent of this approved design.Any changes to the building.clhanqesJo the.builqing layotjt.
increase in height of~guarefootage,changes to the number of parkingsg.aces,cbanges to the building
design,qfchanges to tl1eappfoved landscaping are sublectto approval ofaMloQI Oeviati()n 9f
Modifjcation of th€!approved IJsElpermit No waiver of the Uniform 8uiJding CQde standards or any other
code or ordinance Is ihtendedorirnplied.
Ifyou have any questl0ns or concerns please contact me at (858)694-8847.
Sincerely,
d'->=~''''.'\
lch,Project Manager
Attachment:Customer Satisfaction Survey (include self addressed stamped envelope)
cc:Otay Water District,Attn:Danny Kjonegaard,2554 Sweetwater Springs Blvd.,
Spring VaHey,CA 91978
AT&T Mobility,Attn:Kevin McGee,6925 Lusk BJvd.,San Diego,CA 92121
email cc:
Rick Lantis,Project Manager,Department of Public Works,f~.jI.S,0336
Alyssa Maxson,Planning Manager,Department of Planning and Land Use,M.S.
0650
COMMISSIOIj
5201 Ruffin Road
May 8,2009
San Diego,CA 92123
Deci$ion of the Planning Commi§siQn
On theAppHcation of Major Use Permit
Number P08-00Q
GRANT,as per plot plan and elevations dated March 19,2009,consisting of 9 sheets,
approved concurrently hereWith,a Major Use Permit,pursuant to Section 6985,6986,
and 7358 of the Zoniing Ordinance,to authorize the llocation and use of an unmanned
wireless telecommunication faciility consiSting of twelve (12)panel antennas mounted to
an existing water tank and associated equipment cabinets.The associated equipment
wil!be surrounded by a 9 foot high Concrete MasonPj Unit (Cr'v1U)wall.Pursuant to
Section 6985A of the Zoning Ordinance,a Major Use Permit is reqUired because the
project site is located in an area zoned A70 (Limited AgriCUlture),is not located on a
high voltage transmission tower,and is not covered by a Wireless Community Master
Plan.
CONDITIONS
The following conditions are imposed with the granting of this Major Use Permit
Building permit plans must conform in detaH to this approved design.Failure to conform
can cause delay to or denial of building permits and require formal amendmenrr of this
approved design.No waiver of the Uniform BUilding Code standards or any other code
or ordinance is intended or implied.
A.Prior to obtaining any bUilding or other permit pursuant to this Major Use Permit,
and priorto ccwnmencement of construction or use ofthe property in reliiance on
this Major Use Permit,the applicant shall:
1.Payoff aU existing deficit accounts associated with processing this
application to the satisfaction ofthe Department of Planning and land
Use and the Department of Public Works.
2.Obtain a Construction Permit and/or Encroachment Permit for any and all
work within the County road right-of~way.Contact DPW
Construction/Road right-of~way Permits Services Section,(858)694-3275,
to coordinate departmental requirBments.
POB-OOB ~-2 -May 8,2009
3.Obtain approval for the design and construction of all driveways,
turnarounds,and private easement road improvements to the satisfaction
of the Rural Fire Protection District and the Director of Public Works.
4.Obtain a grading permit prior to commencement of grading when
quantities exceed 200 cubic yards of excavation or eight feet (B')of cut/fllI
per criteria of Section 87.20'1 of the County Code.
5.Furnish the Director of Planning and Land Use a letter from the Director of
the Department of Public Works stating Conditions A.i through A.4 have
been complied with to that Department's satisfaction.
6.Provide evidence shOWing that the project is in compliance with the March
21,2000 Polley FP 2 County of San Diego Ceillular Facilities Standards for
Fire Protecti'on.
7.Submi1!evidence to thesatlsfactlon of the Director of Planning and Land
Use (Building Division)that all "Prior to Use or Occupancy"condition 8.1
of this Site Plan have been printed on a separate sheet of all building
plans associated with this Site Plan:rDPLU,FEE]
a.The conditions shall be printed on a separate sheet of the
building plans,
b.The Directors of Public Works or Planning and Land Use may
waive this condition to allow the issuance of a grading permit.
The requirement shall be met before the issuance of any
building permit
8.Prior to any occupancy or use of the premises pursuant to this Major Use Permit,
thg applicant shall:
1.Pay the Major Use Permit Compliance Inspection Fee as specified in the
DPLU Fee Ordinance at Section 362 of the San Diego County
Administrative Code.The fee sha.H be paid at the DPLU Zoning Counter.
The perrnittee shaH also schedule an appointment for an initial inspection
with the County Permit Compliance Coordinator to review the on-going
conditions associated with this permit.The inspection should be
scheduled for a date approximately six months subsequent to establishing
occupancy or use of the premises.IDPLU,FEE]
P08-00e May 8,2009
C.The following conditlons shall apply during the term ofthe Major Use Permit
1.The applicant shall allow the County to inspect the property for which the
Major Use Permit has been granted,at least once every twelve months,to
determine if the applicant ls complying withal!terms and conditions of the
Major Use Permit.If the County determines the applicant is not complying
with the Major Use PerrTlii terms and conditions the applicant shall allow
the County to conduct follow up inspections more frequently than once
every twelve months until the County determines the appliicant is in
compliance.
2.The applicant is responsible for the maintenance and repair of any
damage caused by them to on-Site and off-site private roads that serve
the project
3.All light fixtures shall be designed and adjusted to reflect light downward,
away from any road or street,and away from adjoining premises,and
shall otherwise conform to Section 6324 of The Zoning Ordinance.
4.The parking areas and driveways shaH be weH maintained,
5,Property owners shall agree to preserve and save harmless.the County of
San Diego and each officer and employee thereof from any liability or
respons1bility for any accident,loss,or damage to persons or property
happening or occurring as the proximate result of any of the work
undertaken to complete thiS work,and that aH of said liabilities are hereby
assumed by the property owner.
6.The applicant .shall maintain the appearance of the facility and assooiated
equipment shelter,a.s depicted in photo simulations on file with Major Use
Permit POB-OOo (Attachment A),for the dur::atlon of the facility's operation.
7.All graffiti on any components of the facility shall be removed promptiy in
accordance with County regUlations.Graffiti on any facility in the publIc
right~of-way must be removed within 48 hours of notification
8.All wireless telecommunication sites shall be kept dean and free of litter.
9.All equipment cabinets shall display a legible operator's contact number
for reporting maintenance problems.
10.i\!l wireless carriers who intend to abandon or discontinue the use of any
wireless telecornrnunicatlon facility shall notify the County of such
intention no less than 60 days prior to the fina~day of use.
P08-006 - 4 -May 8,2009
11.Wireless telecommunication facilities with use discontinued shall be
considered abandoned 90 days following the final day of use.
12.All abandoned facilities shaH be physically removed by the facility owner
no more than 90 days foHowing the finail day of use or determination that
tthe facility has been abandoned J whichever occurs first.
13.The County reserves the right to remove any facmties that are abandoned
for more than 90 days at the expense of the facility owner.
14.Any abandoned site shaH be restored to its natural or former condition.
Grading and landscaping in good condition may remain.
15.Noise from any equipment supporting the facility shall meet the
requirements of the County's Noise Ordinance on an average houriy
basis.
i 6.Equipment cabinets and antenna structures shall be secured to prohibit
unauthorized access.
17.Comply with all applicab.1e storrnwater regUlations at all times.The
activities proposed under this application are subject to enforcement
under permits from the San Diego Regional Water Quality Control Board
(RVVQCB)and the County of San Diego Watershed Protection,
Stormwater Management,and Discharge Control Ordinance (Ordinance
No.9926)and all other appllcable ordinances and standards.This
includes requir€lments for Low Impact Development (LID),materials and
wastes control,erosion control,and sediment control on the project site
Projects that involve8lreas 1 acre or greater require that the property
owner keep additional and updatedinformatlon ensite concerning
stormwater runoff.This requirement shaH be to the satisfaction of tile
Director of Public Works.
18,The project shaH conform to the approved plot plan(s).Failure to conform
to the approved plot plan(8);is an unlawfUl use of the land,and will r8sult
in enforcement action pursuant to Zoning Ordinance Section 7703.
D.This Major Use Permit shall expire on May 8,201-1 J at 4:00 p.m.(or such longer
period as may be approved pursuant to Section 7376 of The Zoning Ordinance
of the County or San Diego prior to said expiration date)unless construction or
use in reliance on this Major Use Permit has commenced prior to said expiration
date,
P08-006
FINDINGS:
CEQA FINlIJINGS
~- 5 .May 8,2009
It is hereby found that the proposed project is exempt from the Caiifornia Environmental
Quality Act as specified under Section 15303 of the State CEQA Guidelines for the
reasons detailed in the Notice of Exemption Form dated April 2,2009,on file with DPLU
as Environmental Review Number 08-14-005.
MSCP FINDINGS
Itis hereby found that the proposed project is in conformance with the Multiple Species
ConseNation Program and the Biological Mitigation Ordinance for the reasons detailed
in the Conformance with the MSCP Subarea Plan Findings dated,,i.\.pril 2,2009,on flle
with DPLU as Environmental Review Number 08-14-005.
STORMWATER FINDINGS
It is hereby found that the project proposed by the applicant has prepared plans and
documentation demonstrating compliance with the provisions of the County of San
Diego Watershed Protection,Storrnwater Management,and Disctmrge Control
Ordinance,
RESOURCE PROTECTION QRDINANCE FINDINGS
It is hereby found that the use or development permitted by the application is consistent
with ~he provisions of the Resource Protection Ordinance.
fi/lAJOR USE 'PERMIT FINDINGS
Pursuant to Section 7358 (see Section 7359 for findings required for permits filed
pursuant to Regional Land Use ElementS.8)of The Zoning Ordinance,the foHowing
flndings in support of the granting of the Major Use Permit are made:
(a)The location,size,design,and operating characteristics of the proposed use wlll
be compatible with adjacent uses,residents,buildings,or structures with
Gonsideration given to
1.Harmony in scale,bulk,coverage,and density
Scale and Bulk:
This is a request for a Major Use Permit to authorize the construction and
operation of an unmanned wireless facility.The proposed unmanned
POB-OOo -0 .May 8,2009
wireless telecommunication facility consist of mounting twelve (12)panel
antennas to an existing 34 foot high water tank and associate equipment
surrounded by a 9 foot high Concrete Masonry Unit (eMU)block walll,
both of which are consistent with the height requirement of the Zoning
Ordinaince.
Photo simulations on file with Major Use Permit POB-OOo (Attachment A)
illustrate that the proposed wireless facility and associated equipment are
unobtrusive to the surrounding viewshed,The associated equipment will
be surrounded by a 9 foot tal'l GMU block waH that will screen the
equipment from view,The view from the surrounding area will be
minimized because the project is designed to be masked (eMU lNali will
be painted dark tan to match hillside and panel antennas will be painted to
match the water tank)and will blend into the surrounding vegetation and
topography.The project is compatible with adjacent uses in terms of
scale and bulk because of the masked design,the existence of other
vertical elements (existing watertank and existing vegetation),and the
location of the facility,Therefore,the project wiH not SUbstantially increase
the sca'ie and bulk of the existing structure and result in negative impacts
to the surrounding areas.
Coverage:
The SUbject parcel is -1.06 acres in size.Surrounding land uses consist of
residential land uses with parcel sizes ranging from approximately 1.06 to
over 23 acres in size.The project is located on a parcel that is developed
with a 34 foot high water tanks and wireless telecommunications facility.
The lease area for this unmanned wireless telecommunication facility will
total 465 sqtJare.:feet (less than 2%lot coverage).Due to the small BcalEl
of the facility,the addition of the telecommunication facility will maintain
similar coverage with surrounding parcels.
The project is a Major Use Permit for the authorization of a
telecommunication facility and does not have a residential component
subject to density.
2.The availability of public facilities,services,and utilities
The project is loca.ted within the San Miguel Consolidated Fire Protection
District The San Miguel Consolidated Fire Protection District has certified
avaHabilify of fine protection.In addition,the proj,ect has been reviewed
and found to be FP··2 compliant The project will not require water or
~-7 -May 8,2009
sewer services.Electrical and telephone services are available on-site.
All required utilities are therefore available for the project.
3.The harmful effect,if any,upon desirable neIghborhood character
This is a request for a Major Use Permit to Pluthorize the construction and
operation of an unmanned wireless facility.The facility consists of twelve
(12)panel antennas fa9ade mounted to an existing 34-foot tall water tank
owned by the Otay Water District.The proposed panel antennas will be
painted to match the water tank.Associated equipment consists of four
(4)outdoor equipment cabinets enclosed by a 9-foot high Concrete
Masonry Unit (eMU)block waH painted dark tan to blend with surrounding
hillside.The project wHi not adversely affect the desirable neighborhood
character because the project is designed to be masked,and the
equipment shelter will be located within a GMU enclosure to conceal it
from the surrounding propertles~Photo simuilations on file with Major Use
Permit P08-006 (Attachment A)illustrate that the line,form,and color of
thefadlity will be largely consistent with other elements that mak.e up the
vi:sual setting of the area,such as the eXisting water tanks to which the
proposed panel antennas will be mounted and existing vegetation.The
photo simulations dernonstrate that the project is visuaHy unobtrusive to
the surrounding viewshed.Furthermore,the proJect was reviewed for
noise irnpacts and determined to be consistent with the County Noise
Ordinance.The project,as designed,wlll not cause any substantial,
demonstrable negative aesthetic effect to views from the surrounding area
and roadways.Therefore,the project will not have a harmful effect on the
neighborhood character.
4.The generation of traffic and the capacity and physical character of
surrounding streets
The traffic generated from the project is expected to be one maintenance
trip per month and will utilize Burris.Drive,a private road for access.
Existing parking is available on the property.The use associated with this
Major Use Permit is compatible with the existing nature of the area
because the number of maintenance trips will not substantially alter the
expected traffic or physical character of the surrounding streets and will
be compatible with adj acentuses.Therefore,the number of maintenance
trips will not substantially increase or alter the physical character of Burris
Drive and surrounding streets,
P08-006 - 8 -May 8,2009
5.The suitability of tihe site for the type and intensity of use or development
which is proposed
The project proposes a Major Use Permit for the authorization of an
unmanned wireless telecommunIcation facility.The subject property is
1,06 acres in size and is developed with access and utility services
adequate to Ser\le the proposed use.The instatilation of the
telecommunication facility will not require significant alteration to the land
form,The project,as designed,will be masked and will not change the
characteristics of the area and is suitable for this site and the type and
intensity of uses and development For reasons stated above,the
proposed project will be compatible with adjacent land uses.
6.Any other relevant impact of the proposed use
None identified.
(b)The impacts,as described In Finding.s (a)above,and the location of the
proposed use will be consistent with the San !Diego County General Plan.
The project is subject to the Estate Development Area (EDA)Regional Category,
(17)Estate Residential Land Use Designatfon,and the Valle De Oro Community
Plan,The project complies with the General Plan because civic uses are
allowed if they support the local populatlion.ln addition,the project is consistent
with iPoli,cy 4 ofthe Publilc Safety Element ofthe County General Plan that
encourages the support,establishment,and continual improvement of
Countywide telephone communications system,particularly with respect to
enhancing emergency cornmlJnications,
(c)That the requkernents of the California Environmental Quality Act have been
complied with.
Pursuant to Section 15303 of the State CEQA Guidelines,the project is exempt
from CEQA b,ecauseit is an unmanned wireless telecommunication facility that
involves the installation of Small,New Equipment and Facilities in Small
Structures.It has been determined that the pmject is not in an environrnentaliy
sensitive location:will not have a cumulative effect on the environment;is not on
a hazardous waste site;will not cause substantial change in the significance of a
historical resource;and will not result in damage to a scenic highway
!:lOTICES:
NOTICE:The 90 day period in which the applicant may file a protest of the fees,
dedications or exactions begins on May 8,2009.
Ii'
P08~006 May 8,2009
NOTICE:THE ISSUANCE OF THIS PERMlT BY THE COUNTY OF SAN DIEGO
DOES NOT AUTHORIZE THE APPLICANT FOR SAID PERMIT TO VIOLATE ANY
FEDERAL,STATE,OR COUNTY LAWS,ORDINANCES,REGULATIONS,OR
POLICIES INCLUDING,BUT NOT LIMITED TO,THE FEDERAL ENDANGERED
SPECIES ACT AND ANY AMENDMENTS THERETO,
NOT'ICE:Low Impact Development (LID)requirements apply to all prlorJty projects as
of March 25,2008.These requirements can be found at the following link beginning on
Page 32,Section 67,812,ofthe Municipal S10rmwater Permit:
htto:lIWW'>AI.sdcounty.ca.gov/cob/ordinances/ord99,26.doc
The draft LID Handbook is a source ror UD inrormatlon and Is to be utHized by County
staff and outside cOllsultants for implementing LID in our region.The handbook gives
an overview of LID.Section 2.2 reviews County DPW planning strategies as they relate
to requirements from the Municipal Permit.The Fact Sheets in the Appendix may be
useful for inrormation on aU of the engineered techniques.Additional information can be
found in the extensive literature Index.You can access the Handbook at the follOWing
OPLU web address:
http://www..co.san-diego.ca.usldplu/docs/llD-Handbook.pdf
NOTICE:On January 24,2007,the San Diego Regional Water Quality Control8oard
(SDRWQCB)issued a new Municipal Stormwater Permit under the National Pollutant
Discharge Elimination System (NPDES),The requirements ofthe Municipal Permit
must be implemented beginning March 25,2008.The Low Impact Development (LID)
Best Management Practices (BMP)Requirements of the Municipal Permit can be found
at the following link beginning on Page 32,Section 67,81 ofthe Municipal Stormwater
Permit:
b1tP:J!wv1VV.sdcounty,ca.goy(c9blordinances/ord9~l26.doc
All priority projects must l'r1inirnize directly connected impervious areas and promote
biofiiltration,Section 67.812 includes the minimal site design requirements that project
applicants must address and implement These can be summarized into the following
four requirements:Disconnect impervJous surfaces,Design imlPervious surfaces to
drain into properly designed pervious areas, Use pervious surfaces wherever
appropriate,Implement site design BMPs,The applicant I engineer must determine the
appHcability and feasibHity of each requirement for the proposed project and include
them in the project design,unless it can be adequately demonstrated which (if any)of
the requirements do not apply,
EXHIBITE
NEW CINGULAR
OTAY TO LOCATE
AT OTAY'S 1200-1
___(THE
TO AGREEMENT BETWEEN
WIRELESS PCS,LLC AND
COMMUNICATION FACILITIES
RESERVOIR SITE,DATED _
"LEASE")
Memorandum of Lease
Check one option.
-v None.
o See Attached.
Lease for Telecommunication Facilities Exhibit E -page 1
EXHIBITE
TO AGREEMENT BETWEEN NEW CINGULAR
WIRELESS PCS,LLC AND OTAY TO LOCATE
COMMUNICATION FACILITIES AT OTAY'S 1200-1
RESERVOIR SITE,DATED (THE
"LEASE")
Memorandum of Lease
Check one option.
,;None.
o See Attached.
Lease for Telecommunication Facilities Exhibit E -page 1
AGREEMENT BETWEEN NEW CINGULAR
WIRELESS PCS,LLC,ADELAWARE LIMITED
LIABILITY COMPANY AND OTAY WATER
DISTRICT TO LOCATE A COMMUNICATIONS
FACILITY AT OTAY'S 1200-1 RESERVOIR SITE
This Agreement ("Lease")is entered into an,d effective on the date specified in the
signature page (the "Commencement Date"),by and between the Otay Water District,a
municipal water district organized and operated pursuant to the Water Code Section 71000,et
seq.("Otay"),and New Cingular Wireless PCS,LLC,a Delaware limited liability company
("Tenant").Any special terms or conditions agreed to by Otay and Tenant will be set forth on
Exhibit A.
A.Otay owns a site on which it has constructed water facilities known as the
"1200-1 Reservoir Site,"as depicted on Attachment A to Exhibit B (the "Reservoir Site").
B.Tenant has requested Otay to allow it to locate a communications facility and
transmitting and receiving antennas at the Reservoir Site.
For good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged,Otay and Tenant agree as follows:
1.Premises.Otay owns the real property described in Attachment B to Exhibit B
(the "Property").Otay agrees to lease to Tenant, for the installation of an antenna and related
telecommunications equipment,approximately 465 square feet of real property within the
Property,as more particularly described on Attachment C to Exhibit B (the "Premises").A
depiction ofthe Property and the Premises is attached hereto as Attachment D to Exhibit B.
Lease for Teleconnnunication Facilities Page 1
2.Grant of Non-Exclusive Trench EasementCs).Otay has also agreed to grant a
temporary non-exclusive easement to Tenant for certain portions of the Property,as legally
described in Exhibit C to this Lease (the "Easement"),for the purpose of trenching and
installation of the necessary utilities to operate Tenant's equipment.It is expressly agreed that
any such Easement shall run concurrent with this Lease.Tenant agrees and understands that if
the Lease is terminated or ceases to exist for any reason,the Easement shall not have any force
or effect.Tenant agrees to return and maintain all portions of land subject to the Easement that
are disturbed in connection with the installation,connection,maintenance,repair,access or any
other Tenant activity,to their original condition at Tenant's sole cost and expense.
This easement shall be non-exclusive.Otay,or any other tenant of Otay may utilize the
easement area for similar purposes or for any other purpose which does not interfere with
Tenant's uses.Otay shall provide Tenant with advance notice of any intention to use the
temporary easement area by Otay or any current or future tenant ofOtay.
3.Use of the Premises.The Premises may be used by Tenant only for the purpose
of installing,constructing,housing,operating,maintaining and repairing telecommunication
equipment,including appurtenant antennae and electronic equipment,as further described and
conditioned in this Agreement (collectively,the "Facilities"),for the lawful provision of
communication services.Tenant may not sublease or sublicense any use or space of the
Premises or the Facilities thereon except as otherwise provided in Paragraph 12,below.
4.Access.Otay shall provide access to Tenant,Tenant's employees,agents,
contractors and subcontractors to the Premises 24 hours a day,seven days a week,at no charge
to Tenant.Otay hereby grants to Tenant such rights of ingress and egress over the Property as
may be necessary and consistent with the authorized use of the Premises as outlined by Otay
Operations.Subject to Otay's reasonable rules,Otay shall permit Tenant's employees,agents,
Lease for Telecommunication Facilities Page 2
contractors,subcontractors and invitees to park vehicles on the Property as necessary and
consistent with the authorized use ofthe Premises.Otay shall,at its expense,maintain all access
roadways or driveways from the nearest public roadway to the Premises in a manner reasonably
sufficient to allow access.In addition,Tenant shall obtain such permits,licenses or easements,
from the owners of property adjoining the leased premises,as may be necessary for Tenant to
have access to and from the leased Premises and also for access to utilities.Tenant shall provide
copies ofthese documents to Otay prior to the start of construction.
5.Term.The term of this Lease shall be five (5)years (the "Initial Term"),
commencing on the Commencement Date.Tenant shall have the right to extend the term of the
Lease for three (3)additional terms of five (5)years each by giving Otay written notice of its
intention to do so at least 120 days prior to the date that the then current term would otherwise
end (each,an "Extension Term").In addition,Tenant may request,in writing,two additional
extensions of five (5)years each,which Otay may grant or deny at its sole discretion (each,an
"Additional Term"and together with the Initial Term and Extension Term,or individually,as the
context requires,the "Term").Each such request shall be made in writing no less than 120 days
prior to the expiration ofthe then current Extension Term or Additional Term,as applicable.
6.Administrative Fee.Tenant,prior to entering on Otay Property to conduct its
investigation of the Premises,shall provide Otay with a non-refundable administrative fee in the
amount of TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00).This fee will defray
Otay's administrative expenses and costs related to the supervision and assistance for entering on
Otay Property to conduct investigation of the proposed Premises,site selection,planning,and
design,including legal expenses.
Additionally,upon final execution ofthe Agreement by both parties,Tenant shall provide
Otay with a non-refundable administrative fee in the amount of FOUR THOUSAND FIVE
Lease for Telecommunication Facilities Page 3
HUNDRED DOLLARS AND NO CENTS ($4,500.00).This second administrative fee shall be
used to defray Otay's administrative expenses and costs related to Otay's supervision and
assistance with construction phases of the project.These administrative fees shall not be
considered rent or part ofthe rental installment.
7.Rent.Beginning on the Commencement Date,Tenant shall pay Otay as rent the
sum of $3,175 per month payable on the first day of each month in advance.If the
Commencement Date is other than the first day of the calendar month,the rate shall be prorated
for the first month ofthe Initial Term.
The rent shall be increased on each calendar anniversary of the Commencement
Date at a rate of four percent (4%)per annum.However,at the beginning of each Extension
Term or Additional Term,if any,Otay may,at its sole and absolute discretion,choose to adjust
the annual rent,effective on the first year of said Extension Term or Additional Term,by an
amount equal to the greater of:(i)four percent (4%);or (ii)the amount necessary to ensure that
the rent equals the amount it would have been if each annual increase during the previous Term
had been calculated based on the average percentage increases in the consumer price index
published by the United States Department of Labor,Bureau of Labor Statistics (1982-1984 =
100)(the "CPI")for "All Items -All Urban Consumers"for the San Diego Metropolitan
Statistical Area for the immediately preceding 5 year period.Ifthe publication ofthe Consumer
Price Index is discontinued,or ifthe Consumer Price Index is altered in some material manner,
including changing the name of the index,the geographic area covered,the consumers or
workers so included,or the base year,the Parties must use their reasonable best efforts to agree
on a substitute index or procedure that reasonably reflects and monitors consumer prices.After
such an adjustment,the rent shall increase at a rate offoUf percent (4%)per annum for the rest of
the applicable Extension Term or Additional Term,if any.Otay shall also have the discretion to
Lease for Telecommunication Facilities Page 4
adjust the base rent to then current market rent in the Additional Term if said market rent is
greater than the CPI increase provided for in the above formula.The "then current market rent"
shall be defined as the most recent rent transaction entered into by Otay with other similar
tenants for the same or similar purposes.
8.Environmental.Otay represents that to the best of its knowledge the Premises
have not been used for the generation, storage,treatment or disposal ofhazardous materials other
than those materials normally used by Otay for the treatment of water and that there is no
hazardous waste on the Premises.Notwithstanding any other provision of this Lease,Tenant
relies upon the representations stated herein as a material inducement for entering into this
Lease.Tenant shall not bring any hazardous materials onto the Premises except for those
contained in its back-up power facilities (e.g.lead-acid batteries and diesel fuel)and properly
stored,reasonable quantities of common materials used in telecommunications operations (e.g.
cleaning solvents).Tenant shall handle,store and dispose of all hazardous materials it brings
onto the Premises in accordance with all federal,state and local laws and regulations ("Laws").
"Hazardous materials"means any substance,chemical,pollutant or waste that is presently
identified as hazardous,toxic or dangerous under any applicable federal,state or local law or
regulation and specifically includes,but is not limited to asbestos and asbestos containing
materials,polychlorinated biphenyl's (PCBs)and petroleum or other fuels (including crude oil or
any fraction or derivative thereof).
9.Installation and Maintenance of Facilities.Tenant is authorized to install,
maintain and operate on the Premises only the Facilities described and depicted on Attachment A
to Exhibit D;provided that all permits and zoning approvals shall have been obtained by Tenant.
a.Installation of the Facilities.Tenant's design and installation of all
portions of the Facilities shall be done according to plans approved by Otay,and such approval
Lease for Telecommunication Facilities Page 5
shall not be umeasonably withheld.The Tenant shall be responsible for painting its antennae
and/or equipment to match Otay's facility.Otay will provide Tenant with specifications
regarding paint type,color and application method to accomplish this requirement.
Painting/coating submittals shall be provided to Otay by the Tenant prior to receiving permission
to begin painting.Otay may specify a camouflage design if appropriate.These camouflage
designs may include but are not limited to palm trees,pine trees and flag poles.
b.Record Drawings.Within thirty (30)days after completion of the
Facilities,Tenant shall provide Otay with "record"drawings of Facilities showing and
identifying all the equipment and improvements installed on the Premises.Said drawings shall
be accompanied by a complete and detailed inventory of all equipment,personal property and
antennae located on the Premises and any such property of Tenant located in the Easement.No
property of Tenant other than such identified property shall be located on the Premises or the
Property at any time.
c.Alterations.Tenant shall not alter or change its facilities in a material
manner without the prior approval of Otay,such approval not to be umeasonably withheld.
"Material"refers to any physical change that could affect the building or its appearance or any
change that could disrupt Otay's workplace or communications.All of Tenant's construction
and installation work shall be performed at Tenant's sole cost and expense in a good and
workmanlike manner.Tenant shall have the right to remove all facilities it installs at its sole
expense on or before the expiration or termination ofthis Lease.
Term,Tenant requests permission from Otay to add improvements requiring construction to its
d.Improvements to Facilities /Additional Space.If,at any time during the
reimbursement for staff time to process the new request,construction inspection and monitoring
then existing Facilities,the then current Administrative Fees shall be payable to Otay for
[
r~
"I1
Page 6LeaseforTelecommunicationFacilities
during construction.Ifthe requested Tenant improvements include additional lease space,a new
lease agreement for the additional lease space must be executed prior to start ofconstruction and
Tenant shall pay the Administrative Fees then in effect,and shall comply with Otay's
requirements then in effect.The administrative fees for the additional lease space shall be in
addition to,and shall not replace the administrative fees for improvements requiring construction
to the Facilities.
e.Permits and Compliance with Applicable Laws.Prior to commencing any
construction or improvements,and from time to time,as applicable,Tenant agrees to obtain all
necessary approvals for its communications operations and for the Facilities and to operate and
maintain the same,at all times in accordance with all applicable laws,rules and regulations.
1.Prior to commencing construction,Tenant shall deliver to Otay
copies of all executed licenses,approvals and permits required by local,state or
federal agency in connection with the Facilities,which permits shall be attached
hereto as Attachment B to Exhibit D.
11.From time to time,as required by law or regulation in connection
with the normal operation of the Facilities or as needed due to improvements or
alterations to the same,Tenant shall provide Otay with copies ofupdated permits,
licenses and/or approvals.Tenant shall provide written evidence,satisfactory to
Otay of all FCC approvals and other governmental permits and approvals,
including but not limited to compliance with FCC Electromagnetic Radiation
Guidelines.
111.Otay agrees,at no expense to Otay,to cooperate with Tenant in
making application for and obtaining all licenses,permits and any and all
Lease for Telecommunication Facilities Page 7
necessary approvals that may be required for Tenant's intended use of the
Premises.
f.Utilities.Tenant shall be authorized to install utilities for the Premises and
the Facilities at Tenant's expense and to improve the present utilities on or near the Premises
(including,but not limited to the installation of an emergency back-up power)subject to Otay's
approval of the location,which approval shall not be unreasonably withheld.Tenant shall fully
and promptly pay for all utilities furnished to the Premises for the use,operation and
maintenance of Tenant's facilities.
g.Repair of Dtay's Improvements.Any damage done to Otay's
improvement on the property during installation and/or during operations caused by Tenant or in
connection with installation operation shall be repaired or replaced immediately at Tenant's
expense and to Otay's reasonable satisfaction.In connection with the installation and operation
of the antennae facilities,Tenant shall not locate or attach any antennae or other equipment to
Otay's facilities without the prior written approval of Otay.Tenant shall pay all costs and
expenses in relation to maintaining the integrity of Otay's facilities in connection with Tenant's
installation and operation ofthe antennae facilities.
h.Maintenance and Repair.At all time during the Term,Tenant shall
maintain the Premises and the Facilities in a manner acceptable to Otay.Tenants use of its
facilities shall not interfere with Otay's operation ofits improvements.
1.Liens.Tenant shall not encumber or allow the Premises or the Property to
be encumbered in any manner other than as expressly authorized herein.
J.Security.Tenant recognizes and agrees that the Premises and the
Reservoir Site are a sensitive area.Tenant agrees to provide for the proper supervision of all
Tenant personnel assigned to enter and do work at the Premises.Tenant also agrees to,at its
Lease for Telecommunication Facilities Page 8
own cost and expense,comply with any and all security measures instituted by Otay from time to
time.
10.Maintenance and Repair of Otay's Improvements.At any time during the Term,
or while this Lease remains in effect,Otay may,at its option and upon written notice to Tenant,
remove or cause Tenant to remove all or any portion of its Facilities at Tenant's expense,in
order for Otay to paint,repair,or make replacements to its improvements on the Premises (the
"Maintenance Work"),as deemed necessary by Otay in its sole discretion.Tenant agrees to fully
cooperate with Otay's efforts in connection with any Maintenance Work,including removing
and re-installing any portion ofthe Facilities identified by Otay to be removed.
a.Temporary Facilities.During the course of the Maintenance Work,
Tenant may install temporary antennae,at Tenant's expense,on the leased Premises subject to
Otay's approval of the location.Once the Maintenance Work is completed by Otay,Tenant
agrees to promptly dismantle any temporary facilities and to relocate the facilities to their
original location or to any other location approved by Otay,as appropriate.All work related to
the removal of any portion of the Facilities,installation of temporary facilities,dismantling,
relocation to their original location and any related work,shall be done at Tenant's sole cost and
expense and in good and workmanlike manner.
b.Repair ofdamage.Tenant shall repair any damage caused by Tenant in
connection with the installation,maintenance,operation or removal of any temporary facilities or
the Facilities.
c.Gtay's option to remove temporary facilities.If any temporary antennae is
not removed within thirty (30)days from the date the Maintenance Work is completed,Otay will
have the right to remove the temporary antennae and charge Tenant for such costs.
Lease for Telecommunication Facilities Page 9
d.Painting ofthe Facilities.If the Maintenance Work includes the painting
of Otay's improvements,the Tenant shall be responsible for repainting its antennas and/or
equipment to match Otay's facility.Otay will provide specifications regarding paint type,color
and application method to the Tenant to accomplish this requirement.The Tenant will be
required to provide painting/coating submittals to Otay prior to receiving permission to begin
painting.
11.Co-Location.Tenant agrees that Otay may enter into leases with other
communication carriers,wireless communications carriers and other utilities for use of any
portion of the "Reservoir Site"as long as said leases do not result in unreasonable interference
with Tenant's use of the Premises.Tenant will reasonably cooperate with Otay's efforts in this
regard including,at Otay's request,the relocation of,or changes to,the Facilities;provided that
any alterations or relocation needed,at Otay's sole discretion,to accommodate the new lessee
shall be performed at the expense ofOtay or the new lessee.
12.Subleasing/Encumbrance.Tenant may not sub-lease or sub-license or otherwise
encumber the Premises or any portion of the Facilities without Otay's prior written consent,
which may be granted or denied at Otay's sole discretion.Any sub-lease or other encumbrance
will require an amendment to this Lease and shall specify the terms and conditions for the sub-
lease or other encumbrance.
13.Condition of the Property at Expiration or Termination.Upon the expiration or
termination of this Lease as herein provided,Tenant shall surrender the Premises,and any
Easements granted by Otay in connection with this Lease,to Otay in good and broom-clean
condition,with all portions of the Facilities,including but not limited to equipment,supplies,
buried conduits,and structures removed along with subterranean foundations to a depth of three
feet below grade;or as otherwise agreed to by Otay in writing.
Lease for Telecommunication Facilities Page 10
14.Interference.Tenant shall not use,nor shall Tenant permit its agents or invitees to
use any portion of the Premises in a manner which interferes with Otay's use of the Reservoir
Site for it's intended purpose including communications facilities relating to Otay's operation
such as telemetry/radio communications or any other pre-existing communications facilities.
This would not apply to interference with a tenant of Otay whose use did not "pre-exist"this
lease;except as agreed to by Tenant in connection with the co-location of any subsequent
tenant's facilities.If Tenant's operation in any way interferes with Otay's telemetry/radio
facilities,Tenant will have five (5)business days to correct the problem after notice from Otay.
Tenant acknowledges that continuing interference will cause irreparable injury to Otay and,
therefore,Otay will have the right to terminate the Lease immediately upon notice to Tenant.
15.Taxes.During the term of this Lease,Tenant shall pay before delinquency all
taxes,assessments,license fees,and any other charge of any type whatsoever that are levied,
assessed,charged,or imposed on or against Tenant's personal property installed or located in or
on the leased premises and that become payable during the term ofthis Lease.
16.Termination.
(a)This Lease may be terminated by Tenant without further liability if:
(i)Tenant delivers to Otay 30-day written notice at any time prior to the
Commencement Date,for any reason or no reason;
(ii)Tenant gives Otay six months notice when Tenant determines at any time
after the Commencement Date that any governmental or non-governmental license,permit,
consent,approval,easement or restriction waiver that is necessary to enable Tenant to install or
operate Tenant's facility cannot be obtained or renewed at reasonable expense or in reasonable
time period.
Lease for Telecommunication Facilities Page II
(iii)Tenant determines at any time after the Commencement Date that the
Premises are not appropriate or suitable for its operations for economic,environmental or
technological reasons,including without limitation,any ruling or directive of the FCC or other
governmental or regulatory agency,or problems with signal strength or interference not
encompassed by subsection (iv)below;provided that the right to terminate under this subsection
(iii)is exercisable only if Tenant pays Otay,as a termination fee,the lesser of twelve monthly
installments of annual rent or the balance ofthe rent due for the remaining term ofthis Lease;
(iv)Otay commits a default under this Lease and fails to cure such default
within a 30-day notice period,provided that if the period to diligently cure takes longer than 30
days and Otay commences to cure the default within the 30-day notice period,then Otay shall
have such additional time as shall be reasonably necessary to diligently effect a complete cure;
(v)The Premises are totally or partially destroyed by fire or other casualty so
as to hinder Tenant's normal operations and Otay does not provide to Tenant within ten (10)
days after the casualty occurs a suitable temporary relocation site for Tenant's facility pending
repair and restoration ofthe Premises.
(b)This Lease may be terminated by Otay without further liability if:
(i)Tenant commits a default under this Lease and fails to cure such default as
provided under paragraph 17,below.
17.Default.
a.Event ofDefault.The parties covenant and agree that a default or breach
of this Lease (an "Event of Default")shall occur and be deemed to exist if,after notice and
opportunity to cure as provided below:
(i)Tenant shall default in the payment of rent or other payments hereunder and
said default shall continue for ten (10)days after Otay provides written notice of the same;or
,
:.',iit;
f.:,r::r~i
Lease for Telecommunication Facilities Page 12
(ii)Either party shall default in the performance or observance of any other
covenant or condition of this Lease to be performed or observed if such failure persists for a
period ofthirty (30)days after the non-defaulting party provides written notice of the default to
the defaulting party.
b.Rights upon Default.Upon the occurrence of an Event of Default,in
addition to any other rights or remedies available to the non-defaulting party under any law,the
non-defaulting party shall have the right to terminate the Lease.
c.Cure Rights.An Event ofDefault shall not exist unless written notice has
been given in accordance with this Lease,and the defaulting party has had the opportunity to
cure as provided herein.The defaulting party shall cure the alleged default within the manner
provided herein;provided however,that ifthe nature of an alleged default is such that it can not
reasonably be cured within such thirty (30)day period,the defaulting party shall not be in breach
of this Lease if it commences a cure within such period,and thereafter diligently proceeds with
the actions necessary to complete such cure.
18.Destruction of Premises.If the Premises or the Facilities are destroyed or
damaged,Tenant may elect to terminate this Lease as ofthe date ofthe damage or destruction by
so notifying Otay no more than thirty (30)days following the date of damage or destruction,
provided Otay does not provide to Tenant,within ten (10)days after the casualty occurs,a
suitable temporary relocation site for Tenant's facility pending repair and restoration of the
Premises.
19.Condemnation.If the condemning authority takes all the Property or a portion
which in Tenant's opinion is sufficient to render the Premises unsuitable for Tenant's use,then
this Lease shall terminate as of the date when possession is delivered to the condemning
authority.In the event of any taking under the power of eminent domain,Tenant shall not be
Lease for Telecommunication Facilities Page 13
entitled to any portion ofthe award paid for the taking and Otay shall receive the full amount of
such award except as provided herein.Tenant hereby expressly waives any right or claim to any
portion of a condemnation award,except for relocation benefits and goodwill. All other
damages,whether awarded as compensation for diminution in value of the leasehold or to the fee
ofthe Premises,shall belong to Otay.
20.Insurance.Tenant shall maintain the following insurance:
a.Commercial general liability with limits of $5,000,000 per occurrence;
b.Automobile liability with the combined single limit of $1,000,000 per
accident;
c.Worker's compensation,as required by law;
d.Employer's liability with limits of $1 ,000,000 per occurrence.
Tenant shall name Otay as an additional insured on each of the aforementioned insurance
policies and the policies shall state that they are primary and that any policies Otay maintains
shall be noncontributory.Tenant shall provide Otay with written certificates of insurance
evidencing such coverage.Said policies shall expressly provide that the policies shall not be
canceled or altered without at least thirty (30)days prior written notice to Otay.Said policies
shall be with insurance companies with an A.M.Best rating ofAVII or better.
Otay takes no responsibility for the protection of Tenant's property from acts of
vandalism by third parties.The insurance requirements may be changed by Otay upon giving of
notice to Tenant;provided that the requirements set forth above shall be the minimum insurance
requirements during the Term.
21.Indemnity.Tenant shall hold harmless,indemnify and defend Otay and each of
Otay's directors,officers,managers,employees,agents and successors and assigns,from any and
all claims,suits or actions of any kind and description brought forth on account of injuries to or
Lease for Telecommunication Facilities Page 14
death to any person or damage to any property,including damage to the Premises arising out of
or related to its use of the Premises,except to the extent that such claims,suits or actions arise
out ofthe sole negligence or willful misconduct of Otay.
22.Estoppel Certificate.Tenant shall,at any time and from time to time upon not
less than thirty (30)days prior request by Otay,deliver to Otay a statement in writing certifying
that (a)the Lease is unmodified and in full force (or if there have been modifications,that the
Lease is in full force as modified and identifying the modifications;(b)the dates to which rent
and other charges have been paid;(c)as far as the person making the certificate knows,Otay is
or is not in default under any provisions of the Lease;and (d)such other matters as Otay may
reasonably request.
23.Assignment.Tenant shall not assign this Lease except to an affiliated parent
entity,subsidiary,purchaser of assets,or holder of its FCC license,without Otay's prior written
consent.If,during the term of this Lease,Tenant requests the written consent of Otay to any
assignment,Otay's consent thereto shall not umeasonably be withheld.Consent to one
assignment shall not be deemed to be a consent to any subsequent assignment,and any
subsequent assignment without Otay's consent shall be void and shall,at Otay's option,
terminate this Lease.
24.Memorandum of Lease.If requested by Tenant,Otay agrees to promptly execute
and deliver to Tenant a recordable Memorandum of Lease substantially in the form ofExhibit E.
25.Resolution of Disputes.All controversies or claims arising out of or relating to
this Lease shall be resolved by submission to final and binding arbitration at the offices of the
American Arbitration Association ("AAA")located in San Diego,California.Such arbitration
shall be conducted in accordance with the most recent version of the AAA commercial
arbitration rules.
Lease for Telecommunication Facilities Page 15
26.Choice ofLaw and Venue.This Lease shall be interpreted in accordance with the
laws of the State of California,and any disputes shall be heard in a court of competent
jurisdiction in the State ofCalifornia.
27.Attorney's Fees.In the event that either party commences any legal action or
proceeding,including an action for declaratory relief,against the other by reason of the alleged
failure of the other to perform or keep any term,covenant,or condition of this Lease,the party
prevailing in said action or proceeding shall be entitled to recover,in addition to court costs,
reasonable attorneys'fees to be fixed by the court,and such recovery shall include court costs
and attorneys'fees on appeal.
i'
understandings between Otay and Tenant and no verbal or oral agreements,promises or
understandings shall or will be binding upon either Otay or Tenant and any addition,variation or
modification to this Lease shall be in effect unless made in writing and signed by the parties
hereto.
28.Entire Agreement.This Lease contains all agreements,promIses and
29.Incorporation of Exhibits and Recitals.All exhibits and attachments attached to
this Lease and all Recitals above are incorporated and made a part hereof as if fully set forth
herein.
30.Severability.If any term or condition of this Agreement is found unenforceable,
the remaining terms and conditions will remain binding upon the parties as though said
unenforceable provlSlon were not contained herein.However,if the invalid,illegal or
unenforceable prOVlSlon materially affects this Agreement then the Agreement may be
terminated by either party on ten (10)days prior written notice to the other party hereto.
31.Waiver.Waiver of any provision or term ofthis Agreement,or of any breach or
default hereunder,shall not constitute a waiver of any other term,condition,breach or default,or
Lease for Telecommunication Facilities Page 16
of a subsequent applicability of a term or condition,or a waiver of a subsequent breach or
default,nor shall it constitute an amendment to the term,condition or provision that is waived.
32.Notice.All notices,requests,demands and communications hereunder will be
retained.Notices shall be sent to the addresses sent forth below:
given by first class certified or registered mail,return receipt requested,or by a nationally
recognized overnight courier,postage prepaid,to be effective when properly sent and received,
Otay Water District
Attn:General Manager
2554 Sweetwater Springs Boulevard
Spring Valley,CA 91978-2096
Phone:(619)670-2210
Fax:(619)660-0829
OTAY:
refused or returned undelivered.Notices may be given by facsimile if proof of transmission is
TENANT:New Cingular Wireless PCS,LLC
Attn:Network Real Estate Administration
Re:Cell Site #:SS0631
Cell Site Name:Otay Monarch
Fixed Asset No:10090974
12555 Cingular Way,Suite 1300
Alpharetta,Georgia 30004
With a copy sent concurrently to Tenant's Legal Department:
If sent via certified or registered mail to:
New Cingular Wireless PCS,LLC
Attn.:Legal Department
Re:Cell Site #:SS0631
Cell Site Name:Otay Monarch
Fixed Asset No:10090974
P.O.Box 97061
Redmond,WA 98073-9761
Lease for Telecommunication Facilities Page 17
If sent via nationally recognized overnight courier to:
New Cingular Wireless PCS,LLC
Attn.:Legal Department
Re:Cell Site #:SS0631
Cell Site Name:Otay Monarch
Fixed Asset No:10090974
16331 NE 72nd Way
Redmond,WA 98052-7827
33.Corporate Authority.The persons executing this Agreement on behalf of the
parties hereto warrant that (i)such party is duly organized and existing,(ii)they are duly
authorized to execute and deliver this Agreement on behalf of said party,(iii)by so executing
this Agreement,such party is formally bound to the provisions of this Agreement,and (iv)the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound.
Lease for Telecommunication Facilities Page 18
IN WITNESS WHEREOF,the parties have executed this Lease as of the __day of
_____,20_This date is referred to as the Commencement Date in the Lease.
NEW CINGULAR WIRELESS PCS,LLC,
a Delaware limited liability company
Mark Watton
General Manager
By:
Name:-----=-='-=--'-'--"'=""'-------
Its:
OTAY WATER DISTRICT
2554 Sweetwater Springs Blvd.
Spring Valley,CA 91979
By:
Name:-------------
Its:
By:AT&T Mobility Corporation,
Its:Manager
APPROVED AS TO FORM:
Yuri Calderon,General Counsel
Date
Lease for Telecommunication Facilities Page 19
EXHIBIT A
SPECIAL TERMS AND CONDITIONS ADDED TO
AGREEMENT BETWEEN NEW CINGULAR WIRELESS
PCS,LLC AND OTAY TO LOCATE COMMUNICATION
FACILITIES AT OTAY'S 1200-1 RESERVOIR SITE,
DATED (THE "LEASE")
If any terms or conditions set forth herein contradict terms or conditions of the
Lease to which this Exhibit is attached,as described above,the terms and
conditions of this Exhibit shall control.
SPECIAL TERMS AND CONDITIONS
1.Landscaping and Maintenance.The installation,permitting,maintenance and upkeep,
and all expenses or other obligations related thereto,in connection with any and all landscaping
and irrigation systems mandated by the permitting agencies will be the sole responsibility of the
Tenant.Otay Water District makes no commitment for delivery of water for said landscaping,
except ifTenant obtains a water meter for the site and pays for water use.
2.Rent.At Tenant's election,subject to prior written notice as set forth in the Lease,
Tenant may pay rent annually,in advance during each of the five-years of the Initial Term or
during each ofthe five years in any Extension Term.Once the Initial Term or Extension Term,
as applicable,has commenced,Tenant may not alter its election to pay monthly or annually.
3.Tenant's Financing.Notwithstanding anything to the contrary contained in this Lease,
Tenant may assign,mortgage,pledge,hypothecate or otherwise transfer without prior notice or
consent its interest in this Lease to any financing entity,or agent on behalf of any financing
entity to whom Tenant (i)has obligations for borrowed money or in respect ofguaranties thereof,
(ii)has obligations evidenced by bonds,debentures,notes or similar instruments,or (iii)has
obligations under or with respect to letters of credit,bankers acceptances and similar facilities or
in respect ofguaranties thereof;provided that no such assignment shall become binding on Otay
until written notification is given by Tenant to Otay as provided in the Lease.A "financing
entity"as used herein,does not include any entity which primary business is not that of banking,
finance,lending or investing funds and does not include any entity whose primary business is
telecommunications.
a.Waiver of Otay's Lien.With respect to any such financing entity,Otay waives
any lien rights it may have concerning the Facilities,which is deemed Tenant's
personal property and not fixtures attached to the Property and Tenant or,if
appropriate,the financing entity has the right to remove the same at any time
without Otay's consent.The financing entity shall not have the right to operate
the Facilities without Otay's prior written consent,which may be denied if the
financing entity does not meet the definition of financing entity above.
Lease for Telecommunication Facilities Exhibit A -page 1
b.Collateral.Tenant may enter into a financing arrangement including promissory
notes and financial and security agreements for the financing of the Facilities
("Collateral")with a third party financing entity (and may in the future enter into
additional financing arrangements with other financing entities).In connection
therewith,Otay (i)consents to the installation of the Collateral;(ii)disclaims any
interest in the Collateral,as fixtures or otherwise;and (iii)agrees that the
Collateral shall be exempt from execution,foreclosure,sale,levy,attachment,or
distress for any Rent due or to become due and that such Collateral may be
removed at any time without recourse to legal proceedings.
c.Disposition of Collateral.Notwithstanding paragraphs a.and b.,above,if
Tenant fails to remove the Collateral,or any component thereof,within five (5)
days of the termination ofthis Lease,said failure shall constitute an abandonment.
Ifthereafter,Tenant or any holder ofCollateral,lender or assignee,whether or not
notification was provided to Otay,fails to claim and remove the same,within
thirty (30)calendar days of the date of termination of this Lease,Otay is hereby
specifically authorized to remove and dispose ofthe Collateral,or any component
thereof,so abandoned at Tenant's sole cost and expense and without incurring
any liability to Tenant,or any lender with any interest in all or any part of the
Collateral,or any assignee ofthis Lease.
d.No privity or obligation.Otay does not have privity with any financing entity
and specifically disclaims any obligation to any such entity,including any
obligation to provide copies of any notices of default or right to cure under the
Lease.
Lease for Telecommunication Facilities Exhibit A -page 2
EXHIBITB
TO AGREEMENT BETWEEN NEW CINGULAR
WIRELESS PCS,LLC AND OTAY TO LOCATE
COMMUNICATION FACILITIES AT OTAY'S 1200-1
RESERVOIR SITE,DATED (THE
"LEASE")
List of Attachments to Exhibit B:
ATTACHMENT A.DEPICTION OF RESERVOIR FACILITIES
ATTACMENT B.LEGAL DESCRIPTION OF THE PROPERTY
ATTACHMENT C.LEGAL DESCRIPTION OF THE PREMISES
ATTACHMENT D.DEPICTION OF THE PROPERTY AND PREMISES
Lease for Telecommunication Facilities Exhibit B -page 1
EXHIBITB
ATTACHMENT A
LOCATION MAP
iL.
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<J:~CTAY WATER DISTRICT
~J~NEW CINGULAR WIRELESS PCS,LLC SITE'"~'200-1 RESERVOIR
'"o
3 LOCATION MAP
;;..._-----_.._--~~--~...~...~--IIIIIIIII~-~--IIIIII-......------------_...EXHIBIT B ATTACHMENT A
EXHll3IT .B
ATTACIIMENT 13
LEGA.L DESCRIPTION 0.1"TIIEPROPEJUY
DE:S'C/?/.B£D ..eLi-OW'):,
-r".,·h.,,_</!'.'',,_,-:,:,''•.-/;"j";",,).
EXHIBIT B
A'I";\CHMENT C
LP:GAL DESCRIP'IJON OFTflE PREMJSFS
~ii
III!
I
1,
EXHIBIT "A"
LEGAL DESCRIPTION or THE PREMISES
Otai Monarch Water Tank
1697 Burris Drive
EI Cajon,CA 92019
PROPOSED EQUIPMENT EASEMENT
A PROPOSED EQUIPMENT EASEMENT LYING WITHIN A PORTION OF THE NORTHWEST
QUARTER OF SECTION 20,TOWNSHIP 76 SOUTH,RANGE 7 EAST,SAN BERNARDINO
BASE AND MERIDIAN IN THE COUNTY OF SAN DIEGO,STA TE OF CALIFORNIA AS
SHOWN ON THE COUNTY OF SAN DIEGO TRACT 4394-2 ACCORDING TO MAP
THEREOF NO 72574,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY FEBRUARY 28,7990 AS FILE NO 90-708252,BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING A T THE SOUTHEASTERL Y CORNER OF THE PARCEL OF LAND LABELED
"NOT A PART"AS SHOWN ON SAID MAP NO.72574,THENCE LEA VING SAID
SOUTHEASTERL Y CORNER N47"52'44'W,723.85 FEET TO THE POINT OF BEGINNING,
THENCE N57"77'24'W,37.00 FEET,THENCE N32"42'36"£,75.29 FEET,THENCE
S57"77'24"E,76.97 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A ";
THENCE CONTINUING S57°77'24"£,7092 FEET,THENCE SOY70'46''w,6.42 FEET,·
THENCE S32"42'36'W,9.70 FEET TO THE POINT OF BEGINNING.
THE BEARINGS SHOWN HEREON ARE BASED UPON THE STA TE PLANE COORDINA TE SYSTEM
OF 7983 (NAD 83),CALIFORNIA ZONE 6.
SAID PROPOSED EASEMENT CONTAINS 465 SQUARE FEET,MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B"A TTAC/-/ED /-/ERETO AND MADE A PART T/-/EREOF.
PREPARED UNDER MY SUPERVISION
AR NDO D.DUPONT,
PLS.7780
REG EX?DECEMBER 31,2009
(ALVADA
SURVEYING,INC.
411 JENKS CIRCLE,SUITE 205,CORONA,CA.92880-1782
SHEET 2 or 4
PHONE:951-280-9960 FAX:951-280-9746
Job No.09723
Drawn By:AL
Date:09/22/09
www.calvada.com
EXHIBIT "B"
POINT OF CO~~MENCEMENT
Basis of Bearings
THE BEARINGS SHOWN
HEREON ARE BASED UPON
THE STATE PLANE
COOROINA TE SYSTEM OF
1983 (NAG 83),CALIFORNIA
ZONE 6.
POINT OF BEGINNING ~
LOT 5-6---moo'-
OF SAN DIEGO TRACT 4394-2
MAP NO.12574
CURVE TABLE
CURVE RADIUS DELTA LENGTH
CI 55.00'38'28'30"3693'
C2 72.58'2'52'53"165'
C3 48.00'46'07'59"J865'
C4 37.00'30'47'73"1660'
C5 64.13'57'15'23"64.68'
C6 19.00'49'13'49"16.33'
C7 18174'14'25'46"4773'
C8 125,00'9'26'43"20,61'
30:
COUNTY
15,
SCALE:r =30'
o
I
DEPICTION OF THE PROPERTY-PREMISES -TEMPORARY TRENCH EASEMENT
Otay Monarch Water Tank
1697 Burris Drive
EI Cajon,CA 92019
1f..§9'4jjj";.E_____210.00'
LINE TABLE
LINE BEARING LENGTH
LI N57'17'24"W 31.00'
L2 N32'4216"E 1529'
13 557'17'24"E 16.91'
L4 557'/7'24"E 1092'
L5 503'10'46"w 6.42'
L6 S32"42'36"W 9.70'
Ll N32'4216"[2.50'
L8 N57'17'24"W 3.77'
L9 N30'17'57"E 120'
LID 5//74'52''W 24.92'
LI1 582'07'03''[26.25'
SHEET 4 OF4
(ALVADA
SURVEYING,INC.
411 JENKS CIRCLE,SUITE 205,CORONA,CA 92880-1782 PHONE:951-280-9960 FAX:951-280-9746
Job No,09723
Drawn By:AL
Date:09/22/09
www.calvada.com
EXHIBIT B
ATTACIIJVIENT D
OEPICl'IONOF TIlE PROPEI:{TY AND PREMISES
at&t
MOBILITY
OTAY MONARCH TANK
1697 BURRIS DRIVE
EL CAJON,CA92019
880631-02
===..===\
at&t
MOB1L,lT'Y
6rJZ5..teUS~;BOULEVARDSAr~OJEOO~CA 9::!111===··===1
AF"F'ROVALS
"}..;;-_.,--,._"w:;:t
r.;r;:r-.
VICINITY MAP CONSULTANT TEAM PROJECT SUMMARY SHEET SCHEDULE ===..===
PROJECT NUMBER
PROJ:E:CT r-!t\M'C
S80631-02
TITLE SHEET
OTAYMONARCH
TANK
1===;:---
A-I
SCALE
SlT(ru."MD ctl'tt:i1"'~SJ'(ClrlC-'iTi({NS
c'#l""",,OOSIl(1'lAN
J,";{J.2 RE~O~DtD,...cCt:$$,oot:!Jl(rN,:>
T-fARt::HITtCT:
L>l.lIH!O£.:~2'~:OUft"~,,,Lol'iGir·tio(,i:t-5~';~,~1'WtST
COORDli'iATES(NAD SJ):
ACCESSIBILITY DISCLAIMER
,---",,---..._---
1===="====1
at&t
MOBILITY
ENLARGED SITE PLAN~1·~i9'.q
~,n5 llJ$K·80(JLPIJ,l::(I
I==='=#='=Olf:G=,C,CO"='=:?=,,=,==,I
I==="=OJ[":NAME
OTAY MONARCH
TANK
ENLARGED SiTE PLAN
==="====1
A-O.i
L ..._
1==="'===1
f'REPA.RED FOR
at&t
APPfiO'iALS
MOBILlTY
5$0631·02
flROJECr NUMIl"R
OTAY MONARCHTANK
RECORDED ACCESS
DOCUMENTS
6925 WJSKSAH:)l!::C;O,===,,,===
i==="--==?ROJtC.t NAMe:
1===,,===1
J'-------------
1==="===1
A-O.2
PROJECT NUMBER
at&t
MOBILITY
APPROVALS
880631-02
OTAY MONARCH
TANK
-",--..===
;g.,;,:SlUS!':8'r)Ut.E'';A,~bI==~S=A'='~mt;;G~,.'c~~=',;",;21===i
l_A_-1
aI'S EQUIPMENTPLAN
&
I
I===W=ALL=='SE=C=tl=ON===I
.,,--~---
WALL SECTION A
BTS EQUIPMENT PLAN
at&t
~J1o.altJTY
i>ROJiXT NAME
·6;i~lil...~~"-f'1'~"4C
::;:iiii;:&f;;:r~~======..--===
'S!i2S lUSIf,8OUL->'iA?DSANDISCO',C:A ~l12!
===
1===::===\
-----------._---",--
WEST ELEVATION
SCIIt.el{1r:.J'-o'
OTAYMONARCH
TANK
Pf<,OJECT NU1-{SER
SS0631-02
EXTERIOR
ELEVATIONS
---_..===\
SOUTH ELEVATION
(rt'),l.J\,W.l',.a'·===.·===1
'L A-2...~...J
MOBiLiTY
PREPARf.DF'Of<
880631-02
at&t
EXTERIOR
ELEV",TIOI'lS
OTAY MONARCH
TANK
PROJECT iiiUiiBr;R
--~_·-"====I
~U;;i<..",r'rM"Al
L;;·~3,"',;'iiC:".;P;;RO~~-
1==="=====IEASTELEVATION
------::===
NORTH ELEVATION~j.lr:~,'q 1====::===
A-3
A-4
OTAY MONARCH
TANK
MOB1L!TY
SHEEyrmE..===
at&t
l'P.OJECT NAME
m~;l'(;---~
SS0631-02
BTSEQUIPMENT REVATION
&
ANTENNA DETAILS
0iGiY.:AR'·'AiiO-i;:--·-·-·-~
·ii~m:r.iii:r.,···i:p;:.;mv;:,C"N'''-ii~"'······-
===::===
===::===1
===::====1
1===::===
II'---------------)
!i"'i.'1.S'.\;f'::'S'JF,;ACESi'f!l:.'TW(:lirol:)'{,!lAR!.:".,'-:.'RE"S\!"GI.U'"iN(;PIlC1;l'.'S!;.
<&..~~g;~;;;;~~t(;~i~);~i,~~~&.la M';I
R~Y-'!'l
STS EQUIPMENT ELEVATION~1i<'~1:'q
KI;YED NOTES:
«~r;~~0;";:i~1k'1i~gJ~tLi~~f/~tcJi¢()1f< ~8f,ll Wl~(
o ~~:~;f~R<'~jj,-11~?"O<;I"'....r~wm.'lWlr«.:c vm,"
~>I:,;;~~~f;~~~i~,:""
at&t
MOB1LJTY
SHEET TITLE
TOPOGRAPHIC
SURVEY
880631-02
OTAY MONARCH
TANK
_··.._···.._··===1
===..=====1
===··===1
===··===1
j6~rre'lI!<;RIS9RlVi:EL C:.-JqN,CA S2Q1S!
$A'NDI£'GOCOUtH'(
I'-=-=-~~=_=_=._,,=__=_=_=_==
1===··===
Vidhity j''tap
G€ograph[i:Caordirlates as ShowrParcelNo.
Date of StJr\/cy
S';!i[22,..~Q~S
EXHIBITC
If Easement granted,complete the following information:
Water District,as Grantor,hereby grants to New Cingular Wireless PCS,LLC,as Tenant,a
For good and valuable consideration,receipt of which is hereby acknowledged,the Otay
NEW CINGULAR
OTAY TO LOCATE
AT OTAY'S 1200-1
___(THE
D No
D No
ri Yes
~Yes
DEPICTION AND LEGAL DESCRIPTION OF
TEMPORARY TRENCH EASEMENT
TO AGREEMENT BETWEEN
WIRELESS PCS,LLC AND
COMMUNICATION FACILITIES
RESERVOIR SITE,DATED _
"LEASE")
Easement Requested?
Easement Granted?
temporary Easement to excavate,remove dirt and do any act necessary to install,operate and
maintain power lines and connection lines as required in connection with the communications
facilities and the antenna to be located on the Premises.The legal description ofthe land subject
to the Easement is as follows:
A drawing depicting the Easement is attached hereto.Tenant may not sell,transfer or
assign the Easement herein granted to Tenant.Tenant's rights under the Easement are
specifically limited to the installation of such power lines,transmission lines and other
communications lines and accessories as required to efficiently operate Tenant's communication
facilities on the Premises.
Lease for Telecommunication Facilities Exhibit C -page I
The Easement shall automatically terminate on the day that is thirty (30)years from the
date of the Lease.However,if the Lease is terminated earlier for any reason,the Easement will
become unenforceable and,for all purposes,terminate on the date the Lease is terminated.
Grantor reserves the right to use the lands that are subject to the Easement in a manner
such that it will not interfere with Tenant's use thereof.
Grantor retains the right to remove,at Tenant's expense,from the surface of the
Easement any item,structure improvement or portion thereof that interferes or conflicts with
Otay's use ofthe Property.
Tenant agrees to indemnify,defend and hold harmless the Grantor for any damage to
property or person (including death)and any,claim,suit,action,cost or expense arising in
connection with the Easement or Tenant's use or installation of any item,line,facility or other
thing in connection therewith.
Tenant agrees to maintain the portion of the Property subject to the Easement in
substantially the condition it is on the date the Lease is executed,excepting only such changes as
are accepted by Otay in writing.
Lease for Telecommunication Facilities Exhibit C -page 2
EXH IBIT "A"
LEGAL DESCRIPTION OF TEMPORARY EASEMENT
may Monarch Water Tank
1697 Burris Drive
EI Cajon,CA 92019
PROPOSED UTILITY EASEMENT
A PROPOSED 5.00 FOOT UTILITY EASEMENT LYING WITNIN A PORTION OF THE NORTHWEST QUARTER
OF SECTION 20,TOWNSHIP 16 SOUTH,RANGE 1 EAST,SAN BERNARDINO BASE AND MERIDIAN IN
THE COUNTY OF SAN DIEGO,STA TE OF CALIFORNIA AS SHOWN ON THE COUNTY OF SAN DIEGO
TRACT 4394-2 ACCORDING TO MAP THEREOF NO 12574,FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUN TY FEBRUAR Y 28,1990 AS FILE NO 90~108252.SAID PORTlON
ALSO BEING THE PARCEL OF LAND LABELED "NOT A PART"AS SHOWN ON SAID MAP NO 12574
THE CENTERLINE OF SAID 5.00 FOOT EASEMENT BONG MORE PARTICULARL Y DESCRIBED AS
FOLLOWS'
BEGINNING AT POINT "A"AS DESCRIBED ABOVE,TNENCE N32"42'36''E,2.50 FEET,THENCE
N5T1 7'24"W,3.77 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEA STERL Y AND
HA VING A RADIUS OF 55.00 FEET,THENCE NORTH WESTERL Y ALONG SAID CURVE,THROUGH A
CENTRAL ANGLE OF 38'28'30"AND AN ARC DISTANCE OF 36.93 FEET TO THE BEGINNING OF A
COMPOUND CURVE CONCA VE NOR THEAS TERL Y AND HA VING A RADIUS OF 72.58 FEET,'THENCE
NOR THWES TERL Y ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 2"52'53".AND AN ARC
DISTANCE OF 3.65 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCA VE SOUTHEASTERL Y
AND HA VING A RADIUS OF 4800 FEET,'THENCE NOR THEASTERL Y ALONG SAID CURVE,THROUGH A
CENTRAL ANGLE OF 46'07'59"AND AN ARC DISTANCE OF 3865 FEET,THENCE N30'l1'57"E,720
FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE SOUTHEAS TERL Y AND HA VING A RADIUS
OF 3100 FEET,'THENCE NORTHEASTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF
30'41 '13"AND AN ARC DISTANCE OF 1660 FEET TO THE BEGINNING OF A COMPOUND CURVE
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 6473 FEET,'THENCE EASTERLY ALONG SAID
CURVE,THROUGH A CENTRAL ANGLE OF 5T15'23"AND AN ARC DISTANCE OF 64.68 FEET TO THE
BEGINNING OF A COMPOUND CURVE CONCA VE SOU THWESTERL Y AND HA VING A RADIUS OF 19 00
FEET,THENCE SOUTHEA S TERL Y ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 49"13'49"
AND AN ARC DISTANCE OF 16.33 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCA VE
SOUTHWESTERL Y AND HAVING A RADIUS OF 78774 FEET,THENCE SOU THEAS TERL Y ALONG SAIU
CURVE,THROUGH A CENTRAL ANGLE OF 7475'46"AND AN ARC DISTANCE OF 4773 FEET TO THE
BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERL Y AND HAVING A RADIUS OF 125.00
FEET,THENCE SOUT/-IWESTERL Y ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 9"26'43"AND
AN ARC DISTANCE OF 2061 FEET,'THENCE SI!"14'52"W,24.92 FEET,THENCE S82"07'03T,2625
FEET TO THE END OF SAID EASEMEN T.
ALL AS SHOWN ON EXHIBIT "B"A TTACHED HERETO AND MADE A PART THEREOF.
PREPARED UNDER MY SUPERVISION
AR NDO 0.DUPONT,
P.L.S.7780
REG.EXP.DECEMBER 31,2009
(ALVADA
SUAVEYING,INC.
411 JENKS CIRCLE,SUITE 205,CORONA,CA.92880-1782
SHEET 3or 4
PHONE:951-280-9960 FAX:951-280-9746
Job No 09723
Drawn By:AL
Date:09/22/09
www.calvada.com
1-~I~
I
-210.00'
POlNT OFCOMMENCEMENT
Basis of Bearings
THE BEARINGS SHOWN
HEREON ARE BASED UPON
THE STA TE PLANE
COOROINA TE SYSTEM OF
1983 (NAD 83),CALIFORNIA
ZONE 6.
POINT OF BEGINNING -./
S89'41'WW
CURVE TABLE
CURVE RAOIUS DELTA LENGm
Cl 55.00'3818'30"36.93'
C2 72.58'2'52'53"3.65'
C3 48.00'46V7'59"38.65'
C4 37.00'10'41'13"16.60'
C5 64.73'57"15'23"64.68'
C6 19.00'4973'49"16.33'
C7 18114'1415'46"4113'
C8 125.00'976'43"20.61'
30
I
LOT 56
COUNTY OF SAN DIEGO TRACT 4394-2
MAP NO.12574
15:
SCALE:1"=30'
o
I
EXHIBIT "B"
DEPICTION OF THE PROPEB.TY-PREMISES -TEMPORARY TRENCH EASEMENT
Otay Monarch Water Tank
1697 Burris Drive
EI Cajon,CA 92019J!.!9'4JJ!"E --2JEo'_
LINE TABLE
LINE BEARING LENGm
LI N5177'24"W 31.00'
L2 N12'42'J5"£15.29'
LJ 557'17'24"£16.91'
L4 557'17'24"E taY2'
L5 503'10'46'W 5.42'
L6 532'42'J6''W 9.70'
L7 N32'42'36"E 2.50'
L8 N57'17'24"W 3.77'
L9 N30'11'57T 7.20'
LlO 57174'52"W 24.92'
LIt S82V7'oJ"E 26,25'
SHEET 4or 4
(ALVADA
SURVEYING,INC"
411 JENKS CIRCLE,SUITE 205,CORONA,CA.92880-1782 PHONE:951-280-9960 FAX:951-280·9746
Job No.09723
Drawn By:AL
Date:09/22/09
www.calvada.com
EXHIBITD
NEW CINGULAR
OTAY TO LOCATE
AT OTAY'S 1200-1
___(THE
TO AGREEMENT BETWEEN
WIRELESS PCS,LLC AND
COMMUNICATION FACILITIES
RESERVOIR SITE,DATED _
"LEASE")
List ofAttachments to Exhibit D:
Attachment A.Depiction ofthe Telecommunication Facilities
Attachment B.Permits
Lease for Telecommunication Facilities Exhibit D -page 1
EXl:IIBrr D
ArfACIIMENT A
DEPICTION OF THE TE::LECOiV[VilJNICA.'fIONFACfLlTIES
._--__-_.•........._----
ENLARGED SITE PLAN
if,.our,,','I,)'.O'
._-----_._._....._---
1====,,-·_--
PR(PARr.:D fQ~
at&t
MOBILITY
&92:'L'JSK.~.~~.=_=.=.'_=·A=d=Dl_<=·.-c:i~.•======_1
c:.~~:!l.~R~Niiich·M:-
"V.!Br,<i~"ir:;:~'i;·iii5:;:;·i:"·'"
~-~--":::-.-----
PROJ£{;7KAME
OTAY MONARCH
TANK
880631·02
ENLARGED SITE PLAN
!====="----_.
1 -_=_::_
A-C.1
J£XHIBIT D
ATTACIIMENT B
PERIVIITS
~..•.
tr.l~
>~~....~
~~
R·~"'~
~""'of~
2--S----CPIL
L.R
C PIL
US
.....
~~)
MINIMUM STRUCTURESETBACK
ES _
FY~_
i~'I '\II)r('~'~".\
(.---;
k:"'l ~':1 (
-..."!j t1./"-'
DESCRIPTIONFEE
Lot Size
BoiJdiog Type
Density
~=1 Max.Floor Area
1;;1 FloorArea Ratio
USE REGULATIONS
NEIGHBORHOODREGS.
WWDP No.or SewerReceipt No.
orDepartment ofEnvironmental
Health approval
~l I /un &Y\Cf 1til..... \
~I I I
~~I I I
•..' .,',J t f -""'V7 c.:,;I «("'-7
.l".f~'~"'l a'"."l'~~.,,1 I ;;,{."~'."1 ';',"\("".1..i").".,)/1 ".I "",,//....¥I..<,'"G '.Ii,'\.,("'.'.c;;,..ft f "I =AlflJ {VI',,{,;.f.,gNo.l.Q.L1::·'H.,)--f·,--lJ q;;:'(r'-'-;;;on U>on .~tl:11:l (\
SIte Addres-,.•<~".,._'\i .,',t,.~~8 ~i:lt~~0
\'."\r .\;.,.-l,./I ,t tfi r~"Y\U>0 '"0 ..Fl ...S
Cross Street ,,\1 'c.\.,'J \'''''_'''Comm~,oio/.:1 '.1 \,[.>I,.'''"~§~~::~lil ~
THOMAS BROS:rL l2-I\L-'-,-@nZ'Ot=a:J~O<
,l'l r',\I..\"J ".i ./">1;5.;\!'5l 0
Qass -:fa!\Usc of , ,0,\,j "'''-':"""j)""..'IS it;Q,..<~;;;Code "f),"Structure"'.;><.~n ).\1~'--'.'~,='~0 ~_.-Ntn :'~__)'!j::r$~0"'a
DESCRIPTION AREA VALUATION ~[;j 13 2:~t:l .'
.....,(I<L r (Ii T/"'j (jN~1--'"~ ~~<
,,"'?';:';l..•:;>S'a.--0o,~~~~~.~...~
g !t'~~~
~~~
}~
o1am tli ho:n.eQwne,I'improving my principal placeofresidence.orappurtenancesthereto,andthefollowingconditionsexist:(1)the workwill beperformedpriorto
~;~~~;Ct~~'~~~~::~~~~~~~~::~v~~;~~~,;:~:~o(S~~~~',~~~~~~~~~~~:s~:s c~~rjon from the ContractorsStatelicense
o I,a.~ownerofthe 1li'')PCrty,buildingorimprovings.trueturethereon,orappunenan..oos men:ro.WUIQOtneworKmYSCJJortnrougn myO~employeeswlln wages as
~~~r~anbt~~APr~C~~~el~~=~:~~;~~;~~n~~~~~:=:~4~~~~f~~~~ff~~o~o~ff:n~~J~f~~~ty~:~=;~builderwIth-in m'1Cyearaftere:::ompletionofsameCOl\Stitutc.'iarebuttab~epresumptionaffec~gtheburd~n ofproofthatsuchstructurewasundertaken forpurposesof
sale.ProQf of tht:$fl,l(:orofferi118 for sale o.f :(ive or mo.re 5t:rue~(t ~y the oWner~Quild.er within one year after ~mpletion generally constitutes a conclusive I~
presumpt;Qll """thestrn<lureswere underta!(en fo~.l":!,'P"-ofsale(SO<',7044(c)(3),Bosilless3lId Professioos Code).t l I I
oI,asow,*,rofthe propc,rty,bUJldingorimpmvingstructuresthereon,orappurtenances thereto.will contractwithacontnlctor(s)orsubcontraetor(s)licensedpursuant
totheContIKt(n'f;.'Stat.eLicenseLaw toconslTUct the 'pro)~t.~will notconstruct moreth.anfour (4)singJe:-familyresidentialstructures which are intendedorofferedforsalewithinacalendaryear,except that such linutatJon shan not apply ifIcontractwitha general contractor fOithe construction (Sec.7044{b),Business and
Profe."isic:ms Code)..
I hereby lJifinn l,lUO&penaltyofperjuryoneofthe followingdeclarations:
o Ihave andwinmaintain acertifiqitc:ofc;onscl1[to self-in$Ufeforworkers'compensation,as providedfor bySection 3700ofthelaborCode,for tbe performanceof
th~orltforwhicb this permitisissued,,Rf IJiave and will maintainworkers'compensat,ion insumn:ce,as requiredbySection3700 ofthe LaborCode,for theperfonnance of the workforwhie:::h this pennitis
/~!ffied.Myworken;,'compensation insuranceam'iet"jU1d policy numberare:
Ctlrrier_•.~-·:?'·r.::i."..L/,'".i':t+{'!-;(.I J,<·t....'''''':'a;PoJicyNumber l..},/(~,.C,·/lf)C/l '3 ,t::.)~r-.'-:=)~~1::7,(Thhi soctionl1'eed notbecohw1Clted ifthe pennitis for one hundred dollars ($100)or less),
.--APPUCANTTOcoMi>LE'l.'E;.IUSSIDJ;;..PLEASEPRINTFIRMLY WITHBALLPOINTPEN i
BUILDING PR01Ecr lDE.l'ITI~ATION '(f.,..-,1 2 .,',,~I l"1 .''1/~"r",.,..,t,;;n ft."')P1+lR'",,:.Assessor's ,J)'J'"l'""',',5f ~1J,....._1,;,."'_'.
Is"eAddT<Js_.i-ft!.!i,:.l.-<.'2-4,-!'J..,,)j!,/i ,_.j'\.C"."ParcelNo.',~,I I'"'"•...::',~0t
,"t--t'~r I}""n /J",rel.plw../~~C-....1<""",q""A/\Owner:,Name _.1j_--!--'11-t I ,l);,/It/"'7-~umber £c..h'\J"0';;'!-t l!"U
Ow"er,,-':114/Ii:~j -\l'id 'I ,/~.'".;",",-,j <t<'-~I '')lMarlmgAddress"~:f{If ((/..1d"q;.K.}ttA/?Zip Code "','7'f (';',f---~-'--~',.
UCENSB!>CON11l.A(''TOR J;lECLARATION- Ihereby affnm !hallamIieeosod under provisioos ofCba~r9 ofDivisioo 3ofthe StateofCaliforniaBosioess
2···,andProfess~.eerie,~Ul':,!~i,n~",~ith Sec.1000.and~license is in full forceand eff~,~'1/'\.~.....
. !'~t1J-;tif.<,l,,'"'';"""'\~,[..J tJ :#2 '1 1"'"j i .,¥'"Signature..:~~)'ft.dt~....,.....:d"":Y{...c~··...Date I .~\\\;.'\'":-~""'fb'"J
NOTICETOAPPLICANT:Sec.7031.5oftheBusinessandProfessions Code specifiestha[eachcountyorcity which requirestheissuanceofapermit asacondition
~ent t(,)the coostru(,1i-on.altcmtiQn.improvement,demolitionor repairofanybuildingorstructureshallalsorequirethateachapplicant ~orsuch D.permitfile as a
conqltiotl pl'ecedenttothe issullnc-e ofapen:nit a.statemeotwhich heor she has prepared and signed stati,ngthatme applicant is liceJ;lsed undertheprovisionsofthe
COI;J~tors S1!U:e UcetlSe Law.or,jfthe applicant isexemptfrom the provisions ofthe ContrACtor~s State License Law,the basis for theallegedexemption,Any
.vf(5l'lltiQN of Sec.703!.5byany applican1for a pennit shal.1 bes-ubjt1;:t toacivil penaltyofnot morethanfive hundred dollars ($500).
Owner',]"
I S~~_~I
WORKERS'COMPENSATION DECLARATION
CAUFORNlA liCENSED CONrRACroRINFORMAT1~':;>~=~~,~__,t"')\/,-")].(\(t~~k-i {':'f~"'ir~~\~\;~"/:-1(f"'i V'~f (f'/",~~::;,~ne (')~I,~(t~S"f<:'~~-;;;!l';?..-"/....~
CALi.·('~U1.:se).1r..."..'fAUce&(",.,_.C.........,''';'~,-"~~'"•Class.I._,_,_.·.....Number__....LI_·<,J''''iciC':;,'_·_,...l.\-"4fl:;)~..,:J''::.,-_,-,-",---_,-_
Con..trat.:tor'j·~,)'.,,-,\,J ".._...I .•'"·1"'"" {.."~,,/)::>-"',t·; -I i:O}"~K'/'..I MailingAddress ..t r·-.ti...-,i b .:'"~(}'\,-J'r·',C~:t;:.';:;;·~.(~.,'ii,'(;(/<J';V'r l-<'t'!/.if )-{"{t (i-?cJ i~·~~q·;i ~:..-)~aP4-;f$:
OWNER-BUfLDER DF..Cl.ARKI10N .I herebyaffin~tllOt1am exemptfrom theCoolIllCtO(SStateUcense l.awforooe ofthe followiog reasoo"
·n'.••..
IC<I OpeoSpace I ...- I'~"\,.-'~",.
SPECIALAREA REGS..,._.'{j ();J<./)C4,",(\:,"j.f \..f ..."_,,,.J '-"".';~,~.., \..).1 ;~...l
Distribution:While •Inspector
Yellow~Permittee
ODiscretionary Permit Number
Legil Description
Coverage
i:i'Setback
.~-.,-r./'1o,~
Plans "-__j"'-I f
approved by !,1...f ~I/ }j \.t m_·__
Zooiog \....",i If'l.....approved by+/,,,JO 1.....)7"-')
A I
. .-',/..",:;;:5:J'pp ,catlon I'/Vl/i .r .A"":'r'--~'"
approvedby ,I'I fIAt 1;1-(ti'«,-<0'''t.~!I h)/j .i ~<I
f if I
Dale _
oIcertify that,in t.he performance oflhe work:.for which this pennitis issued,Ishall not employany person inany mannerso as to become subject to the workers'
compe,nsationlaws of~1ifornia,and agree thaI i~.1-shouldbecomesu1;Jjecttotheworkers'compensation provisionsofSection3700oftheLaborCode,lshallforthwith
campi)'with tbo,5e provl1<ions./t'/
Appli.ca,1'lt's ,/'Signo.umt _...~.~i_··__. •_
Icertifyt:h.all have F:?341 thisapplicationand state lhattheabove infonnation i,se:::orrect.Iagreeto complywithall countyordinancesandstate lawsrelating tobuildinglOcons-tmc~jon,arn;l>1lC'i-\"i.'\byAUtboriZ.ed..represenUtti.ves Of.~bis.countyto enterupon the above-mentioned propertyforinspecti0jPUlJ'O.s95..,.,./.::>~if,"?7''l'''f'"~~"''''~!.....If ••.J,l'.,(of!...i ~/1'..,Appucants /.-:,",:,{"';!-b"<'.,j."'j";l (.%-Jl'../'1'',r ''S}.,(l4r''Y!h 'J.~1AIt~·:,~~,l,if ~/~I{I ,",'
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http./Iwww.sdcounty.ca.gov/dplul
DPLU #291 (8/3107)
WARNING:Failure 10 secure worker's (:ompensationcoverage,is unlawful,and shall subjectan employerto criminal penaltiesand civil fine,<;up to one hundred
~dollars(.':5!OO,OOO),in addition[0the COil1[,ofcompensation,damages as provided for inSection 3706 oftheLabor Code,interest andanorney's fees.I
CONSTRUCTION LENDING AGENCY
I herebyaffimlih-at~he-fe isaconslruction lendingagency for the performance oftheworkforwhich this permit is issued (Sec.3097,Civil Code).
Lender's Lender's
Nanlt:._.._,_,_.._".•._.._._.Address-----_...
~r ,...._0'_'_.,:;.·_-'~··"'"'-~::::::::::~:';':::~~':;'::::::::::::--353':::::::>~.J:~'5:·,"Cl'"'~'t>7~:"2.?¥~=
Description of Work:UNMANNED CELL SITE NEW 273 SQFT CONCRETE BLOCK ENCLOSURE WITH 3
EQUIPMEN~-CABINETS,&12 NEW ANTENNAS FACADE MOUNTED ON AN EXISTING WATER TANK &NEW 200 F~P
METER FOR AT&T MOBILITY
Permit Type &Number:1019 -20090139
Permit Description:PERMIT-COMMERCIAL
Project Name:
Permit Owner Name:AT&T MOBILITY
Site Address:1697 BURRIS DR
E1 Cajon,CA 92020
APN:517-282-09-00
Project Description/Scope
Cross street:TINA ST.
Statement Date:11 AUG 2009
Project No:
Client No:
Valuation:$125,000.00Fee/Deposit Details
Fee Code Description Acct.Code Amount
lC00016XXO
lC00017XXO
lC00021XXO
IBP0145XXO
lC00040XXO
lC00041XXO
1C00043XXO
1BP0132XXO
STATE FEE (COMMERCIAL)
SEISMIC FEE (COMMERCIAL)
GREEN BLDG FEE (RES &COMM)
ELECTRIC PERMIT ONLY
ARCHIVING BASE FEE -RECORDS RETENTION
ARCHIVING FEE -PLAN PAGES (OVER llX17)
ARCHIVING FEE -LETTER/LEGAL UP TO l1X17
PERMIT -COMM MISC.ANT.,CANOPY,RACKS
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
1006372-995-10
7.65
26.25
5.00
226.00
8.20
48.30
40.00
527.00
1·-----------:.--------------------------'--,-':,"·0--.:....I..a-:..-----·--I .',~_.~j.\~nouDt Due:
~
$888.401
COUNTY OF SAN DIEGO
DEPARTMENT OF PLANNING AND LAND USE
5201 Ruffin Road,Suite B
San Diego,CA 92123
858-694-2960 RECEIPT NUMBER:
Cashier:
Page I of!
09-0584337
CTRIEUPL
APN:517-282-09-00
DATE ISSUED:II-AUG-2009
PERMIT:101920090139
SCOPE:COMM'L MISC (ANTENNA,CANOPY,RACKS)
SITE ADDRESS:1697 BURRIS DR
SUBDIVISION:
CITY:El Cajon,CA 92020
Fees Calculated]2 Months Back
PARCEL OWNER:01'AY WATER DISTRICT
ADDRESS:
CITY/STATE/ZIP:,00000
PERMIT OWNER:AT&T MOBILITY
ADDRESS:5738 PACIFIC CENTER BLVD
CITY/STATE/ZIP:SAN DIEGO,CA 92121
,.
I::
"
Date
II-AUG-2009
ll-AUG-2009
II-AUG-2009
II-AUG-2009
ll-AUG-2009
ll-AUG-2009
ll-AUG-2009
II-AUG-2009
Fee Code
lCOOOJ6XXO
IC00017XXO
IC0002IXXO
IBP0132XXO
IC00040XXO
IC00041XXO
IC00043XXO
IBPOl45XXO
Description
STATE FEE (COMMERCIAL)
SEISMIC FEE (COMMERCIAL)
GREEN BLDG FEE (RES &COMM)
PERMIT -COMM MISe.ANT.,CANOPY,RACKS
ARCHIVING BASE FEE -RECORDS RETENTION
ARCHIVING FEE -PLAN PAGES (OVER IIX17)
ARCHIVING FEE -LETTER/LEGAL UP TO IlX17
ELECTRIC PERMIT ONLY
Totals:
Paid to Date
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
This Receipt
$7.65
$26.25
$5.00
$527.00
$8.20
$48.30
$40.00
$226.00
$888.40
Balance Due
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Payment Code
CHECK
Description
CHECK #31158
Tendered:
Change:
Balance Due:
Amount
$888.40
$888.40
$0.00
$0.00
ERIC GIBSON
",/RECTOR
May 26,2009
Karen Adler
Plan Com,Inc.
302 State Place
Escondido,CA
(!Count!,of $an ~ie~o
DEPARTMENT OF PLANNING AND LAND USE
5201 RUFFIN ROAD.SUITE.B,SAN DIEGO,CAl.IFORNIA 92123·1666
INFORMATION(858)694.2960
TOLL FREE (800)411-(1017
WWW.l:ld(;Ollnty.(;!\.govfdplu
SUBJECT:Otay Monarch Tank Wireless Telecommunications Facility Major Use
Permit;POS-006;ER:08·14-005 ~TRANSMITTAL OF FINAL PROJECT
DOCUMENTS AND CUSTOMER SATISFACTION SURVEY
Dear Ms.Adler:
Your Major Use Permit for a wireless telecommunications facility was approved on May
8,2009,by the Planning Commission with various conditions (see attached decision).
This letter is being prOVided to transmit all final project documents for your records.We
would appreciate your comments on the processing of your discretionary project.We
have attached a Customer Satisfaction Survey along with a self-addressed stamped
envelope.Your comments will be used to help us serve you better in the future.
As a reminder,you must satisfy all "A"Conditions prior to obtaining any bullding permit,
satisfy all "B"Conditions prior to occupancy,and comply with all "C"Conditions
throughout the life ofthe permit.Please ensure that all "A"Conditions are satisfied and
provide evidence of their satisfaction when you submit your bUilding plans to the San
Diego County Building Department.To assist you,DPLU staff has listed the
responsible contact person(s)below for the various conditions.You may contact the
responsible person below to obtain general information on how to satisfy the applicable
condition.
P08-006
Stormwater Compliance
DPW Sign Off Conditions
DPW Team Leader
DPLU PROJECT MANAGER
DPLU
DPLU
DPW
DPLU
DPLU
DPW
DPW
DPW
DPLU
Team Leader
Richard Lantis
Marcus Lubich
May 26,2009
(858)694-3723
(858)694-3011
NA
NA
(858)694-2581
(858)495-5804
(858)495-5804
(858)495-5804
(858)694-8847
Ifyou have any questions or concerns please contact me at (858)694-8847.
Sincerely,
Attachment:Customer Satisfaction Survey (include self addressed stamped envelope)
cc:Otay Water District,Attn:Danny Kjonegaard,2554 Sweetwater Springs Blvd.,
Spring Valley,CA 91978
AT&T Mobility,Attn:Kevin McGee,6925 Lusk Blvd.,San Diego,CA 92121
email cc:
Rick Lantis,Project Manager,Department of Public Works,M,S.0336
Alyssa Maxson,Planning Manager,Department Planning and Land Use,M,S.
0650
5201 Ruffin Road
May 8,2009
MM1SSION
San Diego,CA 92123
Decision of the Planning Commission
On the Application of Major Use Permit
Number P08-GOB
GRANT,as per plot plan and elevations dated March 19,2009,consisting of 9 sheets,
approved concurrently herewith,a Major Use Permit,pursuant to Section 6985,6986,
and 7358 of the Zoning Ordinance,to authorize the location and use ofan unmanned
wireless telecommunication faCility consisting of twelve (12)panel antennas mounted to
an existing water tank and associated equipment cabinets.The associated equipment
will be surrounded by a 9 foot high Concrete Masonry Unit (eMU)wall.Pursuant to
Section 6985A of the Zoning Ordinance,a Major Use Permit Is required because the
project site is located in an area zoned A70 (Limited AgriCUlture),is not located on a
high voltage transmission tower,and is not covered by a Wireless Community Master
Plan.
CONDITIONS
The folloWing conditions are imposed with the granting of this Major Use Permit:
Building permit plans must conform in detail to this approved design.Failure to conform
can cause delay to or denial of bUilding permits and require formal amendment of this
approved design.No waiver ofthe Uniform Building Code standards or any other oode
or ordinanoe is intended or implied.
A.Prior to obtaining any building or other permit pursuant to this Major Use Permit,
and prior to commencement of construction or use of the property in reliance on
this Major Use Permit,the applicant shall:
1.Payoff all existing deficit accounts associated with processing this
application to the satisfaction of the Department of Planning and Land
Use and the Department of Public Works.
2.Obtain a Construction Permit and/or Encroachment Permit for any and all
work within the County road right-af-way.Contact DPW
Construction/Road right-of-way Permits Services Section,(858) 694-3275,
coordinate departmental requirements.
May 2009
3.Obtain approval for the design and construction of all driveways,
turnarounds.and private easement road improvements to the satisfaction
ofthe Rural Fire Protection District and the Director of Public Works.
4.Obtain a grading permit prior to commencement of grading when
quantities exceed 200 cubic yards of excavation or eight feet (8')of cutlfill
per criteria of Section 87.201 of the County Code.
5.Furnish the Director of Planning and Land Use a letter from the Director of
the Department of Public Works stating Conditions A 1 through A.4 have
been complied with to that Department's satisfaction.
6.Provide evidence showing that the project is in compliance with the March
21,2000 Policy FP 2 County of San Diego Cellular Facilities Standards for
Fire Protection.
7.Submit evidence to thesatlsfaction ofthe Director of Planning and Land
Us.e (BUilding Division)that all "Prior to Use or OccupancyfJ condition B.1
ofthis Site Plan have beenprinted ana separate sheetofall bUilding
plans assodated with this Site Plan:[DPLU,FEE]
a.The conditions shall be printed on a separate sheet of the
building plans.
b.The Directors of Public Works or Planning and Land Use may
waive this condition to allow the issuance of a grading permit.
The requirement shall met before the issuance of any
building permit.
B,Prior to any occupancy or use of the premises pursuantto this Major Use Permit!
thaapplicant shall:
1.F'ay the Major Use Permit Compliance Inspection Fee as speCified in the
DPLLJ Fee Ordinance at Section 362ofthe.San Diego County
Administrative Code.The fee shaH be paid at the D1PLU Zoning Counter.
The permittee shaH also schedule an appointment for an initial inspectkm
with the County Permit Compliance Coordinator to review the on-going
conditions associated with this permit.The inspection should be
scheduled fora date approximately sil(months subsequent to establishing
occupancy or use ofthepremises.{DPLU,FEE]
P08~006 ~3 ~May 8)2009
C.The following conditions shall apply during the term of the Major Use Permit:
1.The applicant shall allow the County to inspect the property for which the
Major Use Permit has been granted,at least once every twelve months,to
determine if the applicant is complying with all terms and conditions of the
Major Use Permit If the County determines the applicant is not complying
with the Major Use Permit terms and conditions the applicant shall allow
the County to conduct follow up inspections more frequently than once
every twelve months until the County determines the applicant is in
compliance.
The applicant is responsible for the maintenance and repair ofany
damage caused by them to on-site and off-site private roads that serve
the project.
3.All light fixtures shall be designed and adjusted to reflect light downward,
away from any road or street,and away from adjoining premises,and
shall otherwise conform to Section 6324 of The Zoning Ordinance.
4.The parking areas and driveways shall be well maintained.
Property owners shall agree to preserve and save harmless the County of
San Diego and each officer and employee thereof from any liability or
responsibility for any accident,loss,or damage to persons or property
happening or occurring as the proximate result of any ofthe work
undertaken to complete this work,and that all of said liabilities are hereby
assumed by the property owner.
The applicant shall maintain the appearance of facility and associated
equipment shelter,as depicted in photo simulations on file with Major Use
Permit P08~006 (Attachment A),for the duration of the facility's operation.
All graffiti on any components of the fadlity shall removed promptly in
<::lr""'f"\nrl:::ll-.I"p with County regUlations.Graffiti on any facility in the public
right-of~way must be removed within 48 hours of notification
8.All wireless telecommunication sites shall be kept clean free of litter.
All equipment cabinets shall display a legible operator's contact number
reporting maintenance problems.
All intend to ~h;~nrir'\n
wireless telecommunication facility shall notify the of such
intention no than 60 days prior to the final day of use.
P08-006 -4 May 2009
11.Wireless telecommunication facilities with use discontrnued shall be
considered abandoned 90 days following final day of use.
12.All abandoned facilities shall be physically removed by the facility owner
no more than 90 days following the final day of use or determination that
the facility has been abandoned,whichever occurs first.
13.The County reserves the right to remove anyfacilities that are abandoned
for more than 90 days at the expense.ofthe facility owner.
14.Any abandoned site shall be restored to its natural or former condition.
Grading and landscaping in good condition may remain.
15.N·olse from any.equipment supportingthe facility shall meet the
requirement'S of the County's Noise Ordinance on an average hourly
basis.
16.Equipment cabinets and antenna structures shall be secured to prohibit
unauthorizedaccess.
Comply with all applicable stormwater regulations at ali times.The
activities proposed under this application are subject to enforcement
under permits from the San Diego Regional Water Quality Control Board
(RWQCB)and the County of San Diego Watershed Protection,
Storrnwater Management,and Discharge Control Ordinance (Ordinance
No.9926)and all other applicable ordinances and standards.This
includes requirements for Low Impact Development (LID),materials and
wastes control,erosion control,and sedIment control on the project site.
Projects that involve areas 1 acre'or greater require that the property
owner keep additional and updated information onsite concerning
stormwater runoff.This requirement shall be to the satisfaction of the
Director of Public Works.
18.The projecfshall conform to the approved plot plan(s).Failure to conform
to theapprovedplolplan(s);unlawful use of the land,and will
ill enforcement action pursuant to ZonungOrdinance Section 7703.
D.This Major Use Permit shall expire on May 8,2011,at 4:00 p.m.(or such longer
period as may be approved pursuant to Section 7376 of The Zoning Ordinance
of the County of San Diego prior to said expiration date)unless construction or
use in this Major prior
P08-D06
FINDINGS:
CEQA FINDINGS
--5 -May 8,2009
It is hereby found that the proposed project exempt from the California Environmental
Quality Act as specified under Section 15303 of the State CEQA Guidelines for the
reasons detailed in the Notice of Exemption Form dated April 2,2009,on file with DPLU
as Environmental Review Number 08-14-005,
MSCP FINDINGS
It is hereby found that the proposed project is in conformance with the Multiple Species
Conservation Program and the Biological Mitigation Ordinance for the reasons detailed
in the Conformance with the MSCP Subarea Plan Findings dated,April 2009,on file
with DPLU as Environmental Review Number 08-14-005.
STORMWATER FINDINGS
It is hereby found that the pn>ject proposed.by the applicant has prepared plans and
documentation demonstrating compliance with the provisions of the County of San
Diego Watershed Protection,Stormwater Management,and Discharge Control
Ordinance,
RESOURCE PROTECTION ORDINANCE FINDINGS
It is hereby found that the use or development permitted by
with the provisions of the Resource Protection Ordinance.
MAJOR USE PERMIT FINDINGS
application is consistent
Pursuant to Section 7358 (see Section 7359 for findings required permits filed
pursuant to Regional Land Use Element 3.8)of The Zoning Ordinance,the following
findings in support of the granting of the Major Use Permit are made:
(a)The location,size-,design,and operating characteristics ofthe proposed us.a will
comp.atible With adjacent uses,residents,buildings,or structures with
consideration given to
1.H1armonyinscale,bulk,coverage,and density
This is a request for a Major Use Permit to authorize the construction and
operation of an unmanned facility.The proposed unmanned
-6-May 8,2009
wireless telecommunication facility consist of mounting twelve (12)panel
antennas to an existing 34 foot high water tank and associate equipment
surrounded by a 9 foot high Concrete Masonry Unit (eMU)block wall,
both of which are consistent with the height requirement of the Zoning
Ordinance.
Photo simulations on file with Major Use Permit P08-006 (Attachment A)
illustrate that the proposed wireless facility and associated equipment are
unobtrusive to the surrounding viewshed.The associated equipment will
be surrounded by a 9 foot tall eMU block wall that will screen the
equipment from view.The view from the surrounding area will be
minimized because the project is designed to be masked (eMU wall will
be painted dark tan to match hillside and panel antennas will be painted to
match the water tank)and will blend into the surrounding vegetation and
topography.The project is compatible with adjacent uses in terms of
scale and bulk because ofthe masked design,the existence of other
vertical elements (existing water tank and existing vegetation),and the
location of the facility.Therefore,the project will not SUbstantially increase
the scale and bulk of the existing structure and result in negative impacts
to the surrounding areas.
Coverage:
The subject parcel is 1.06 acreS in size.Surrounding land uses consist of
residential land uses with parcel sizes ranging from approximately 1.06 to
over 23 acres in size.The project is located on a parcel that is developed
with a 34 foot high water tanks and wireless telecommunications facility.
The lease area for this unmanned wireless telecommunication facility will
total 465 square~feet(less than 2%lot coverage).Due to the small scale
of the facility,the addition ofthe telecommunication facility will maintain
similar coverage with surrounding parcels.
Density:
The project is a Major Use Permitfor the authorization of a
telecommunication facility and does not have a residential component
SUbject to density.
2.The availability of public facilities,services,and utilities
project is located within the Miguel Consolidated Fire Protection
District San Miguel Consolidated Fire District
availability fire protection.In addition,the project has be€n reviewed
and found to be FP~2 compliant.The project will not require water or
P08-00B -7-May 8,2009
sewer services.Electrical and telephone services are available on-site.
All required utilities are therefore available for the project.
3.The harmful effect,jf any,upon desirable neighborhood character
This is a request for a Major Use Permit to authorize the construction and
operation of an unmanned wireless facility. The facility consists of twelve
(12)panel antennas fat;ade mounted to an existing 34-foot tall water tank
owned by the Otay Water District.The proposed panel antennas will be
painted to match the water tank.Associated equipment consists of four
(4)outdoor equipment cabinets enclosed by a 9~foot high Concrete
Masonry Unit (eMU)block wall painted dark tan to blend with surrounding
hillside.The project will not adversely affect the desirable neighborhood
character because the project is designed to be masked,and the
equipment shelter will be located within a eMU enclosure to conceal it
from the surrounding properties.Photo simulations on file with Major Use
Permit P08~006 (Attachment A)illustrate that the line,form,and color of
the facility will be largely consistent with other elements that make up the
visual setting of the area,such as the existing water tanks to which the
proposed panel antennas will be mounted and existing vegetation.The
photo simulations demonstrate that the project is visually unobtrusive to
the surrounding viewshed.Furthermore,the project was reviewed for
noise impacts and determined to be consistent with the County Noise
Ordinance.The project,as designed,will not cause any substantial,
demonstrable negative aesthetic effect to views from the surrounding area
and roadways.Therefore,the project will not have a harmful effect on the
neighborhood character,
4.The generation oftraffic and the capacity and physical character of
surrounding streets
The traffic generated from the project is expected to be one maintenance
trip per month and will utilize Burris Drive,a private road for access.
Existing parking .is available on the property.The use associated With this
Major Use Permit is compatible with the existing nature of the area
because the m.mnber of maintenance trIps will not SUbstantially alter the
expected traffic or physical character of the surrounding streets and will
be compatible with adJacent uses.Therefore,the number of maintenance
trips will notsub$tantially increase or alter the phySical character of Burris
Drive and surrounding streets.
P08-00e -8-May 8,2009
5.The suitability of tlhe site for the type and intensity of use or development
which is proposed
The project proposes a Major Use Permit for the authorization of an
unmanned wireless telecommunication facility.The subject property is
1.06 acres in size and is developed with access and utility services
adequate to serve the proposed use.The installation of the
telecommunication facHity will not require significant alteration to the land
form.The project,as designed,will be masked and will not change the
characteristics of the area and is suitable for this site and the type and
intensity of uses and development.For reasons stated above,the
proposed project will be compatible with adjacent land uses.
6.Any other relevant impact of the proposed use
None identified.
(b)The impactsj as described in Findings (a)above,and the location ofthe
proposed use will be consistent With the San Diego County General Plan.
The project is subject to the Estate Development Area (EDA)Regional Category,
(17)Estate Residential Land Use Designation,and the Valle De Oro Community
Plan.The project complies with the General'Plan because civic uses are
allowed if they support the local population.In addition,the project is consistent
with Policy 4 of the Public Safety Element of the County General Plan that
encourages the support,establlshment,and continual improvement of
Countywide telephone communications system,particularly with respect to
enhancing emergency c,ommunications.
(c)That the requirements of the California Environmental Quality Act have been
complied with.
Pursuant to Section 153.03 of the State CEQA GUidelines,the project exempt
from GEQA becaUse it an unmanned wireless telecommunication facility that
involves the installation ofSmall,NewEquipment and Facilities in Small
Structures.It has been determined that tlheproJect is not in an environmentally
sensitive location:will not have a cumulative effect on the environment;not on
a hazardous waste site;will flat caUse substantial cnange in the significance of a
historical resource;and will not result in damage to a scenic highway
NOTICES:
NOTICE:The 90 day period in Which the applicant may fi,le a protest fees,
dedi:cations or exactions begins on May 8,2009.
pos-ooe MayS,
NOTICE:THE ISSUANCE OF THIS PERMIT BY THE COUNTY OF SAN DIEGO
DOES NOTAUTHORIZE THE APPLICANT FOR SAID PERMIT TO VIOLATE ANY
FEDERAL,STATE,OR COUNTY LAWS,ORDINANCES,REGULATIONS,OR
POLICIES INCLUDING,BUT NOT LIMITED TO,THE FEDERAL ENDANGERED
SPECIES ACT AND ANY AMENDMENTS THERETO.
NOT'CE:Low ImpactDevelopment (LID)requirements apply to aU priorIty projects as
of March 215,2008,These requirements can be found at the following hnk.beginning on
Page 32,Section 67.S12,ofthe MunicipalStormwater Permit
http://www,sdcounty.Cia.gov/cob/ord inances/ord9926.doc
The draft LID Handbook is a source for LID information and is to be utllized by County
staff and outside consultants for implementing LID in our region.The handbook gives
an overview of LID.Section 2.2 reviews County DPW planning strategies as they relate
to requirements from the Municipal Permit.The Fact Sheets in the Appendix may be
useful for information on aU of the engineered techniques.Additional information can be
found in the extensive Literature Index.You can access the Handbook at the following
OPLU web address;
http://www.co.san-diego.ca.us/dplu/docs/L1D-Handbook.pdf
NOTICE:On January 24,2007,the San Diego Regional Water Quality Control Board
(SDRWQC8)issued a new Municipal Stormwater Permit under the National Pollutant
Discharge Elimination System (NPDES).The requirements of the Municipal Permit
must be implemented beginning March 25,2008.The Low Impact Development (UD)
Best Management Practices (BMP)Requirements ofthe Municipal Permit can be found
at the follOWing link beginning on Page 32,Section 67.812,of the Municipal Stormwater
Permit:
http://www.sdcounty.ca.gov/cob/ordinances/ord9926.doc
All priority projects must minimize directly connected impervious areas and promote
biofiijtration.Section 67.812 includes the minimal site design requirements that project
applicants must address and implement.These can be summarized into the following
four requirements:Disconnect impervious surfaces,Design impervious surfaces to
drain into properly designed pervious areas,Use pervious surfaces wherever
appropriate,Implement site design BMPs.The applicant /engineer must determine the
applicability and feasibility of each requirement for the proposed project and include
them in the project design,unless it can be adequately demonstrated which (if any)of
the requirements not apply.