HomeMy WebLinkAbout05-18-11 FA&C Committee PacketOTAY WATER DISTRICT
FINANCE, ADMINISTRATION AND COMMUNICATIONS
COMMITTEE MEETING
and
SPECIAL MEETING OF THE BOARD OF DIRECTORS
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY, CALIFORNIA
BOARDROOM
WEDNESDAY
May 18, 2011
11:30 A.M.
This is a District Committee meeting. This meeting is being posted as a special meeting
in order to comply with the Brown Act (Government Code Section §54954.2) in the event that
a quorum of the Board is present. Items will be deliberated, however, no formal board actions
will be taken at this meeting. The committee makes recommendations
to the full board for its consideration and formal action.
AGENDA
ROLL CALL
2. 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
DISCUSSION ITEMS
3. REPORT ON DIRECTOR'S EXPENSES FOR THE 3RD QUARTER OF FISCAL
YEAR 2011 (PRENDERGAST) [5 minutes]
4. APPROVE RESOLUTION NO. 4176 DECLARING AN END TO WATER
SHORTAGE RESPONSE PLAN LEVEL I (GRANGER) [5 minutes]
5. AUTHORIZE THE GENERAL MANAGER TO NEGOTIATE AND EXECUTE
TWO-YEAR AGREEMENTS WITH THREE ONE-YEAR OPTION RENEWALS
WITH GREENRIDGE LANDSCAPE, INC. FOR LANDSCAPE MAINTENANCE
SERVICES, AND PRIORITY BUILDING SERVICES, LLC, FOR JANITORIAL
SERVICES (DOBRAWA) [5 minutes]
6. APPROVE AN AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, FOR THE INSTALLATION OF A
COMMUNICATIONS FACILITY AT THE 1296-1, 2 & 3 RESERVOIRS SITE
(CHARLES) [5 minutes]
7. NOMINATE DISTRICT DIRECTOR, GARY CROUCHER, TO THE SAN DIEGO
LOCAL AGENCY FORMATION COMMISSION'S (LAFCO) SPECIAL
DISTRICTS ADVISORY COMMITTEE AND CONSIDER NOMINATING A
DISTRICT REPRESENTATIVE FOR A REGULAR DISTRICT MEMBER ON
LAFCO'S COMMISSION (WATTON) [5 minutes]
8. ADJOURNMENT
BOARD MEMBERS ATTENDING:
Gary Croucher, Chair
David Gonzalez
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 Secre-
tary 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 670-2280 at least 24
hours prior to the meeting.
Certification of Posting
certify that on May 13, 2011 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 24 hours in advance of the meeting of the Board of Directors (Government Code
Section X54954.2).
Executed at Spring Valley, California on May 13, 2011.
~~ ~usan Cruz, District Secr , ' ry
2
~P~`'$"~°~~~ AGENDA ITEM 3
~ ~
G
~TF+~ o~a'~P`
STAFF REPORT
TYPE MEETING:Regular Beard MEETING DATE:June 1, 2011
SUBMITTED BY:Sean Prendergast,W.O./G.F. NO:DIV. NO. All
Payroll/AP S p~rvisor
APPROVED BY:Joseph R. Be°acYtem, Chief Financial Officer
(Chief)
APPROVED BY:Ge m varez, Assistant General Manager,Finance and
(Asst. GM):
Ad ration
SUBJECT:Director's Expenses for the 3rd Quarter of Fiscal Year 2011
GENERAL MANAGER'S RECODIl~NDATION
This is an informational item only.
COMMITTEE ACTION:
Please see Attachment A.
nrTnnr,oz+ .
To inform the Board of the Director's expenses for the 3ra
quarter of Fiscal Year 2011.
TI.TTT VCTC .
The Director's expense information is being presented in order
to comply with State law. (See Attachment B for Summary and C-H
for Details.)
FISCAL IMPACT:
None.
STRATEGIC GOAL:
1
~, y~
. ~~
Prudently manage District funds.
LEGAL IMPACT:
Compliance with State law.
~' ~~~
General Manager
Attachments:
A) Committee Action Form
B) Director's Expenses and per Diems
C-H)Director's Expenses Detail
~ P0~„~sMEp ~~~0`
~ •
4
~~FQ o~6'~~`
ATTACHMENT A
SUBJECT/PROJECT: 'Director's Expenses for the 3rd Quarter of Fiscal Year 2011
COMMITTEE ACTION:
This is an informational item only.
NOTE:
The "Committee Action" is written in anticipation of the
Committee moving the item forward for board approval. This
report will be sent to the Board as a committee approved item,
or modified to reflect any discussion or changes as directed
from the committee prior to presentation to the full board.
C:\Documents and Settings\seanp\Local Settings\Temporary Internet Files\OLK3A\CommMtgDirExp060111.doc
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SECTION C
OT
A
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W
A
T
E
R
DI
S
T
R
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M
I
N
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p
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Mav_llJun-11Total
1
2
3
4
5
6
7
8
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30
1112
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A
(D
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T
A
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L
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R
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C
T
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:
52
1
4
Bu
s
i
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s
s
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t
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s
$
-
$
-
$
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$.
-
$
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$
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$
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$
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$
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$
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52
8
1
Dir
e
c
t
o
r
'
s
fee
s
-
-
-
-
-
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-
-
-
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---
52
1
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l
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a
g
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s
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s
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-
-
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_
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52
1
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m
m
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t
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-
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-
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52
1
3
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m
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n
a
z
s
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n
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s
-
-
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-
-
-
-
-
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---
52
1
2
Tr
a
v
e
l
-
-
-
_
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_
_
_
_
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___
To
t
a
l
$
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$
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$
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$
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R
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H
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R
(D
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T
A
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L
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D
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T
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O
N
E)
:
52
1
4
Bu
s
i
n
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s
s
me
e
t
i
n
g
s
$
-
$
-
$
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$
-
$
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$
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$
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$
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$
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$
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52
8
1
Di
r
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t
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s
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e
s
-
20
0
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0
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40
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0
0
60
0
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0
0
30
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.
0
0
30
0
.
0
0
40
0
.
0
0
70
0
.
0
0
40
0
.
0
0
-
--3,300.00
52
1
1
Mi
l
e
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g
e
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s
i
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s
-
-
-
-
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I0
8
.
1
2
-
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--108.12
52
1
1
Mi
l
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e
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m
m
u
t
i
n
g
-
-
-
-
-
-
-
-
-
-
---
52
1
3
Se
m
i
n
a
z
s
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d
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n
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r
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e
s
-
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-
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68
5
.
0
0
-
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--685.00
52
1
2
Tr
a
v
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t
-
-
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_
_
44
7
.
6
9
-
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--447.69
Tot
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l
$
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$
20
0
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0
0
$
40
0
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0
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$
60
0
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0
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$
30
0
.
0
0
$
30
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.
0
0
$
40
0
.
0
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1,
9
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1
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0
.
0
0
$
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$ -$ -$4,540.81
DA
V
I
D
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L
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(D
E
T
A
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L
E
D
IN
SE
C
T
I
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N
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:
52
1
4
Bu
s
i
n
e
s
s
me
e
t
i
n
g
s
$
-
$
-
$
-
$
-
$
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$
-
$
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$
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$
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$
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52
8
1
Dir
e
c
t
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s
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e
s
20
0
.
0
0
10
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.
0
0
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0
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20
0
.
0
0
40
0
.
0
0
50
0
.
0
0
40
0
.
0
0
-
-
--2,100.00
52
1
1
Mi
l
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a
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s
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n
e
s
s
-
-
-
-
-
12
0
.
0
0
-
-
-
-
--120.00
52
1
I
Mi
l
e
a
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m
m
u
t
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n
g
-
-
-
-
-
-
-
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52
1
3
Se
m
i
n
a
r
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an
d
co
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97
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.
0
0
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56
0
.
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0
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--1,935.00
52
1
2
Tr
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l
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-
-
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46
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8
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-
30
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.
4
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--771.27
To
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l
$
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$ -$ -~4,926.27
JO
S
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P
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(D
E
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D
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:
52
1
4
Bu
s
i
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s
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$
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$
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52
8
1
Dir
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c
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0
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0
0
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0
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0
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0
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--1,300.00
52
1
1
Mi
l
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s
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52
1
1
Mi
l
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g
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.
0
0
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.
0
0
10
.
0
0
-
10
.
0
0
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20
.
4
0
10
2
0
-
-
--100.60
52
1
3
Se
m
i
n
a
r
s
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co
n
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r
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n
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e
s
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44
5
.
0
0
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--445.00
52
1
2
Tr
a
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l
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M
A
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:
52
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4
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0
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52
8
1
Dir
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52
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52
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52
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m
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39
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52
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2
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$
39
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TO
T
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:
52
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Bu
s
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55
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52
8
1
Dir
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c
t
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0
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- - 9,100.00
52
1
1
Mi
l
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s
i
n
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s
s
30
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5
0
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0
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13
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-
- - 358.27
52
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24
.
4
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14
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2
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52
1
3
Se
m
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- - 3,475.00
52
1
2
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$
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2
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82
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$ $ $ 14,445.99
OTAY WATER DISTRICT
SUMMARY -BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD JULY 1, 2010 THROUGH MARCH 31, 2011
DIRECTOR'S NAME: BONILLA, JAIME
Account Name Date
ATTACHMENT D
SECTION D
Descriptions Amount
Printed Date:
Mar 11/Bonilla J Page 2 of Pages 9 5/9/201111:06 AM
OTAY WATER DISTRICT
SUMMARY -BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD JULY 1, 2010 THROUGH MARCH 31, 2011
DIRECTOR'S NAME:CROUCHER, GARY ATTACHMENT E
SECTION E
Account Name Date Descriptions Amount
Mileage -Business 2/28/2011 MEETING -FEBRUARY 17 & 19, 2011 108.12
Travel 2/20/2011 ACCOMODATIONS -SPECIAL DISTRICT GOVERNANCE 447.69
WORKSHOP &SEMINAR ANAHEIM, CA FEB. 16-20,2011
Director's Fee 8/4/2010 REGULAR BOARD OF DIRECTORS MEETING 100.00
8/19/2010 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
9/8/2010 WATER CONSERVATION GARDEN MONTHLY MEETING 100.00
9/15/2010 SPECIAL BOARD OF DIRECTORS MEETING 100.00
9/16/2010 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
9/20/2010 MEETING WITH BOARD PRESIDENT BONILLA 100.00
10/6/2010 REGULAR BOARD OF DIRECTORS MEETING 100.00
10/7/2010 AD HOC COMMI-ITEE -POLICY 42 100.00
10/13/2010 WATER CONSERVATION GARDEN MONTHLY MEETING 100.00
10/14/2010 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
10/15/2010 LAFCO SPECIAL DISTRICTS ADVISORY COMMITTEE 100.00
10/18/2010 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
11/3/2010 REGULAR BOARD OF DIRECTORS MEETING 100.00
11/10/2010 WATER CONSERVATION GARDEN MONTHLY MEETING 100.00
11/24/2010 LEGAL AD HOC COMMITTEE MEETING 100.00
12/7/2010 ENGINEERING AND OPERATIONS COMMIT-TEE MEETING 100.00
12/8/2010 LEGAL AD HOC COMMITTEE MEETING 100.00
12/10/2010 LEGAL AD HOC COMMITTEE MEETING 100.00
1/5/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
Printed Date:
Mar 11/Croucher Page 3 of Pages 9 5/9/201111:06 AM
OTAY WATER DISTRICT
SUMMARY -BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD JULY 1, 2010 THROUGH MARCH 31, 2011
DIRECTOR'S NAME:CROUCHER, GARY ATTACHMENT E
SECTION E
Account Name Date Descriptions Amount
Director's Fee 1/6/2011 DESALINATION ISSUES 100.00
1/11/2011 LEGAL AD HOC COMMITTEE MEETING 100.00
1/18/2011 FINANCE COMMITTEE MEETING 100.00
2/2/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
2/15/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
2/16/2011 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00
2/17/2011 SPECIAL DISTRICT TRAINING SEMINAR 100.00
2/18/2011 SPECIAL DISTRICT TRAINING SEMINAR 100.00
2/19/2011 SPECIAL DISTRICT TRAINING SEMINAR 100.00
2/28/2011 LEGAL AD HOC COMMITTEE MEETING 100.00
3/2/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
3/15/2011 REDISTRICTING - AD HOC COMMITTEE 100.00
3/16/2011 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00
3/23/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
Registration Fee 2/18/2011 REGISTRATION FEE SPECIAL DISTRICT AND LOCAL 685.00
GOVERNMENT INSTITUTE -FEBRUARY 17, 2010
Grand Total $ 4,540.81
Printed Date:
Mar 11/Croucher Page 4 of Pages 9 5/9/201111:06 AM
OTAY WATER DISTRICT
SUMMARY -BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD JULY 1, 2010 THROUGH MARCH 31, 2011
DIRECTOR'S NAME: GONZALEZ, DAVID
Account Name
Mileage -Business
Mileage -Business Total
Travel
Travel Total
Director's Fee
Director's Fee Total
Registration Fee
Registration Fee Total
Grand Total
Date Descriptions
12/31/2010 MEETING -DECEMBER 1 & 3, 2010
12/3/2010 ACCOMODATIONS -ATTENDED ACWA CONFERENCE IN
INDIAN WELL NOV. 30 -DEC 3, 20102
2/20/2011 ACCOMODATIONS -SPECIAL DISTRICT GOVERNANCE
WORKSHOP &SEMINAR ANAHEIM, CA FEB. 16-20,2011
7/7/2010 REGULAR BOARD OF DIRECTORS MEETING
7/28/2010 ENGINEERING AND OPERATIONS COMMITTEE MEETING
8/4/2010 REGULAR BOARD OF DIRECTORS MEETING
9/1/2010 REGULAR BOARD OF DIRECTORS MEETING
9/15/2010 SPECIAL BOARD OF DIRECTORS MEETING
9/16/2010 ENGINEERING AND OPERATIONS COMMITTEE MEETING
11/3/2010 REGULAR BOARD OF DIRECTORS MEETING
11/30/2010 ACWA FALL CONFERENCE -INDIAN WELLS
12/1/2010 ACWA FALL CONFERENCE -INDIAN WELLS
12/2/2010 ACWA FALL CONFERENCE -INDIAN WELLS
12/3/2010 ACWA FALL CONFERENCE -INDIAN WELLS
12/21/2010 AD HOC COMMITTEE -DESALINATION COMMITTEE
1/5/2011 REGULAR BOARD OF DIRECTORS MEETING
1/11/2011 SPECIAL BOARD OF DIRECTORS MEETING
1/18/2011 FINANCE COMMITTEE MEETING
1/22/2011 CWA & MWD COLORADO RIVER TOUR
1/23/2011 CWA & MWD COLORADO RIVER TOUR
2/2/2011 REGULAR BOARD OF DIRECTORS MEETING
2/16/2011 FINANCE COMMITTEE MEETING
2/17/2011 SPECIAL DISTRICT &LOCAL GOV. INSTITUTE CONFERENCE
2/18/2011 SPECIAL DISTRICT &LOCAL GOV. INSTITUTE CONFERENCE
12/3/2010 REGISTRATION FEE ACWA'S 2010 FALL CONFERENCE -
INDIAN WELLS
2/28/2011 SPECIAL DISTRICT AND LOCAL GOVERNMENT INSTITUTE
REGISTRATION -FEBRUARY 17-18, 2011
3/22/2011 REGISTRATION FEE 2011 WATEREUSE CA ANNUAL
CONFERENCE DANA POINT, CA MARCH 2O-22, 2011
ATTACHMENT F
SECTION F
Amount
$ 120.00
120.00
462.81
308.46
771.27
luu.uu
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
L~lUU.UU
975.00
560.00
400.00
1,935.00
$ 4,926.27
Printed Date:
Mar 11IGonzalez Page 4 of Pages 7 5/11/201111:50 AM
OTAY WATER DISTRICT
SUMMARY -BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD ]ULY 1, 2010 THROUGH MARCH 31, 2011
DIRECTOR'S NAME:LOPEZ, 70SE ATTACHMENT G
SECTION G
Account Name Date Descriptions Amount
Mileage -Commuting 7/31/2010 MEETING -JULY 6, 7 & 28, 2010 $ 30.00
8/30/2010 MEETING -AUGUST 4 & 19, 2010 20.00
9/7/2010 MEETING -SEPTEMBER 7, 2010 10.00
11/3/2010 MEETING -NOVEMBER 3, 2010 10.00
1/31/2011 MEETING -JANUARY 5 & 11, 2011 20.40
2/28/2011 MEETING -FEBRUARY 2 & 15, 2011 10.20
Mileage -Commuting Total 100.60
Director's Fee 7/6/2010 INTERVIEWS CANDIDATE TO OTAY BOARD OF DIRECTORS 100.00
7/7/2010 REGULAR BOARD OF DIRECTORS MEETING 100.00
7/28/2010 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
8/4/2010 REGULAR BOARD OF DIRECTORS MEETING 100.00
8/19/2010 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
9/7/2010 REGULAR BOARD OF DIRECTORS MEETING 100.00
11/3/2010 REGULAR BOARD OF DIRECTORS MEETING 100.00
12/7/2010 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
1/5/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
1/11/2011 SPECIAL BOARD OF DIRECTORS MEETING 100.00
1/18/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
2/2/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
2/15/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
Director's Fee Total 1,300.00
Registration Fee 3/22/2011 REGISTRATION FEE 2011 WATEREUSE CA ANNUAL 445.00
CONFERENCE DANA POINT, CA MARCH 2O-22, 2011
Grand Total $ 1,845.60
Printed Date:
Mar 11/Lopez Page 7 of Pages 10 5/11/20114:02 PM
OTAY WATER DISTRICT
SUMMARY -BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD JULY 1, 2010 THROUGH MARCH 31, 2011
DIRECTOR'S NAME: ROBAK, MARK
Account Name Date
Business meetings 8/10/2010
8/20/2010
9/10/2010
10/1/2010
10/21/2010
Business meetings Total
Mileage -Business 7/31/2010
8/30/2010
9/30/2010
10/31/2010
11/30/2010
12/31/2010
1/31/2011
2/28/2011
Mileage -Business Total
Mileage -Commuting 7/31/2010
8/4/2010
9/1/2010
10/31/2010
11/30/2010
1/31/2011
2/28/2011
Mileage -Commuting Total
Director's Fee 7/1/2010
ATTACHMENT H
SECTION H
Descriptions Amount
2ND ANNUAL POLITICS IN PARADISE LEGISLATIVE FORUM $ 50.00
THE SAN DIEGO EAST COUNTY CHAMBER OF COMMERCE - 2ND 50.00
ANNUAL POLITICS IN PARADISE LEGISLATIVE FORUM
SD EAST COUNTY CHAMBER OF COMMERCE MONTHLY MEETING 20.00
SD EAST COUNTY CHAMBER OF COMMERCE MONTHLY MEETING
CA/NVAWWA-WATER FOR PEOPLE
MEETING -JULY 1, 7, 8, 14 & 22, 2010
MEETING -AUGUST 4 & 23, 2010
MEETING -SEPTEMBER 1, 15 & 16, 2010
MEETING -OCTOBER 6 & 19, 2010
MEETING -NOVEMBER 23, 2010
MEETING -DECEMBER 6, 8 & 21, 2010
MEETING -JANUARY 5, 11 & 28, 2011
MEETING -FEBRUARY 2, 11 & 15, 2011
MEETING - JULY 7, 2010
MEETING -AUGUST 4, 2010
MEETING -SEPTEMBER 1, 2010
MEETING -OCTOBER 6, 2010
MEETING -NOVEMBER 3, 2010
MEETING -JANUARY 5, 10 & 11, 2011
MEETING -FEBRUARY 2 & 15, 2011
GENERAL MANAGER AD HOC COMMITTEE MEETING
7/7/2010 REGULAR BOARD OF DIRECTORS MEETING
7/8/2010 METRO JPA REVIEW
7/14/2010 WATER CONSERVATION GARDEN MONTHLY MEETING
8/4/2010 REGULAR BOARD OF DIRECTORS MEETING
8/23/2010 FINANCE COMMITTEE MEETING TO DISCUSS AUDIT AND
nTSTRTC'T FTNANC'TAI MATTERS
9/1/2010 REGULAR BOARD OF DIRECTORS MEETING
9/15/2010 DISTRICT ANNUAL BOARD WORKSHOP
9/16/2010 FINANCE COMMITTEE MEETING TO DISCUSS AUDIT AND
DISTRICT FINANCIAL MATTERS
20.00
[c~~iL
175.00
30.50
9.00
21.00
9.00
11.00
16.50
16.83
16.32
130.15
2.00
Z.00
2.00
2.00
2.00
4.08
4.08
18.16
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
Printed Date:
Mar 11/Robak Page 7 of Pages 9 5/9/201111:06 AM
OTAY WATER DISTRICT
SUMMARY -BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD JULY 1, 2010 THROUGH MARCH 31, 2011
DIRECTOR'S NAME:ROBAK, MARK ATTACHMENT H
SECTION H
Account Name Date Descriptions Amount
Director's Fee 10/6/2010 REGULAR BOARD OF DIRECTORS MEETING 100.00
10/13/2010 WATEREUSE MEETING 100.00
10/19/2010 FINANCE COMMITTEE MEETING 100.00
11/3/2010 REGULAR BOARD OF DIRECTORS MEETING 100.00
11/23/2010 DISCUSS LEGAL COUNSEL RESIGNATION 100.00
12/6/2010 FINANCE COMMITTEE MEETING TO DISCUSS AUDIT AND 100.00
I~TSTRTC'T FTNANC'TAI MATTERS
12/8/2010 WATER CONSERVATION GARDEN MONTHLY MEETING 100.00
12/21/2010 AD HOC COMMITTEE -DESALINATION COMMITTEE 100.00
1/5/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
1/10/2011 MEETING WITH BOARD PRESIDENT BONILLA 100.00
1/11/2011 SPECIAL BOARD OF DIRECTORS MEETING 100.00
1/28/2011 SYMPOSIUM ON DESALINATION TECHNOLOGIES AT NATIONAL 100.00
11NTVFRSTTY
2/2/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00
2/11/2011 SDCWA-SANDAL REGIONAL PLANNING MEETING 100.00
2/15/Z011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00
Director's Fee Total 2,400.00
Printed Date:
Mar 11/Robak Page 8 of Pages 9 5/9/201111:06 AM
DIRECTOR'S NAME:
Account Name
Registration Fee
Registration Fee
Tota
Grand Total
OTAY WATER DISTRICT
SUMMARY -BOARD OF DIRECTORS EXPENSES
FOR THE PERIOD JULY 1, 2010 THROUGH MARCH 31, 2011
ROBAK, MARK ATTACHMENT H
SECTION H
Date Descriptions Amount
12/10/2010 REGISTRATION FEE RANCHO SAN DIEGO-JAMUL CHAMBER OF 15.00
COMMERCE
3/22/2011 REGISTRATION FEE 2011 WATEREUSE CA ANNUAL CONFERENCE 395.00
DANA POINT, CA MARCH 2O-22, 2011
410.00
$ 3,133.31
Printed Date:
Mar 11/Robak Page 9 of Pages 9 5/9/201111:06 AM
r~t3 0 0 0-/~ 3 0 0 0~ 2~ v i~ .~~-8 / o ~ -~eo - o~
OTAY WA~~R DISTRICT
B~f1R~ ~~' ~II2E~TOR5
PER-DEEM AND MI~,~AGE CLAIM FORM
Pav To: j~ ~-~ ~~~'~~~ Period Covered:
~t
Employee Number: r~.~ ~ ~ From: ~ , ~ ~ ~`
EXHIBIT B
-~o: o - ~j~ . i l
ITEM DATE MEETING ~ilRP()SE /ISSUES
DISCUSSED
1YIIL~AC~~
HOME to OWD
ObLD ro HOME
NII~,~A~E
OTHER
LOCATIONS
i ~ a.~ ~~.
~-~~A~,~., ~S SvE-~
~ 1 tom, ~I BOG ~mm.~. n vnt ~
~ ll ~~ ~
0t-q ~, r.. ~l~'JJ10I, r~ —
lI~'~~;; , ~~
V~~
_~_
~~l ti ~~
'Total Meeting Pe►° D~e~o
0100 per rr►eeti~g)
Total i~'Iileage Clairriedo
,,;~,
miles
(Di ectar's Si~n~tu~e)
r~erc~ ~~-
~11i A. a~-~ Dated ~ , ~
FO~t ~FF~CE [JSE: ~'Z)~°E1~, IV~I~,~A~~ R~Ili~3iJFt5~1VI~NTo $
I%
r- ~;; II~S1°~t~1~'~"3~1-VS ~DI~1 R~+ VERSA
v
J
v
v
f~h3vvv - r ~ ~ vv~ ~ 2r v o • s~g~ v~ ~~~~av
EXHIBIT B
Pay To: Gary Croucher
Employee Number: 7011
OTAY WATER DISTRICT
~aDARD O~ DIRECTORS
PEit-DIEIYd AIVD MiLEA~E CLAIM FARM
Period Covered:
Fromo ~2/f~1/ll To: OZ/3i/71
ITEM DATE MEETING ~iJ~2POSE /ISSUES
I~IS~,USSED
11nILEAGE
HOME to OWD
Ol4D to HOME
N6IL~AGE
OTHER
LOCATIONS
1
02/02 Board Regular Board Meeting
2 02/15 Committee E&O ~ommi~tee 1V[eeting
3 2/16 Committee Admin and Firnance Committee Meeting
4 2/17 Training Special Districts Training Seminar 106
5 2/18 Training Special Districts Training Seminar
6 2/19 Training Special Districts Training Seminar
106
7 2/28 Committee Legal Ad F[oc Committee
~'
~v
~.~
$700
Total 1Vleetir~~ Per Diema
($100 per meeting)
'~'otal Mileage Claimedo 212 miles
~~ i.
~~~
f~`~'~,
' L11v1 ~L~Lip
—~i~vi'~rav'~t Date: ~~
t~~~~ ~ f~
F'OR O~°~'ICE LJSEo ~'OTA~ I~II,EA~E ItEIIVI~iJRSE1VdEIV'Ta $
a S
L
w
EX~-IIBIT B
OTAY WATER DISTRICT
BOARD OF DIRECTORS
PER-DIENI AND MILEAGE CLAIM F~ORNd
Pay To: Gary Croucher Period hovered;
Employee Number: 7011 Fromo 03/~~/~~ 'I'~: 03!31/11
ITEM DATE MEETING PURPOSE /ISSUES
DISCUSSED
1~9~L~~~E
HOME ro OWD
OWD w HOME
MILEAGE
OTHER
LOCATIONS
1
03/02 Board Regular Board Meeting
03/1 1 GNI Tour of the District with City of SD
2 03/15 Committee ~Zedis2a-ictin~ - Ad Hoc Comrmittee
3 03/16 Committee Administrative and Finance Committee
4 3/23 Committee Engineering and Operations Commil~ee
• ~ ~~
~`
~~
<_..
Total 1Vleeting Per° Diem:
0100 per meeting)
Total il~ileage t'laimedo
$400
Q aniles
~~, ,~ ~y
- ~ ~ ~ (Director's 5igrea~a~~°e)
~~ 3,~ °'~ ' \V S~9 "~!`'as ~ ~ t ~ `'
~'Oi~ O~°FIC'E i1SEo T'OTAI. IVII~EAGE FtEIIYI~iJItSEMEN 10 ~
c
V
V
j~-i3vvU - ff3i vv D• 2/v ~ • .~Z 8/ D/ ,~o.vU
is>~~"eO ~..
~w ~?
~ ~~~i~~% OTAY WATER DISTRIC9'
BOt1RD OF DIRECTU:R~
PER-DIEIVI AND MII,E~GE CLATi~!I ~~lt~Vi
Pay To: David GonzalPa Peri~~ Covered: ~~
Employee 1~i~unber: l~9fi Fran, ~''~ ~~ '~~r 1:
ITEM .DATE t~IE~TLI~G PURPOSE I ISSUES
DISCUSSED
lcdl~.E.~G~;
}7°~~'°~~~~~wae~}~z
i~1ll;E:~GE
'U`rtt~~iex~ana~s
1. t ~1~0 i'~~%~''l~l
6.
7.
L
°' -~
~,
S.
9.
Y0.
11.
~~.
13.
1d.
is.
16.
17.
i~a
i°ntal tl~eet#ng der 1)9em~ _~
($I~0 per m~~
'Tat~l iy~il~~~~
C:M Ite~ei~t.
x~~ ~~~~~ ~~~. ~U~~ ~~.~~~ ~~~~~~~~~
1K'_ _ ~'"
~~ ,~~113.v
~L
e F~!~" - orA~ w~~~x vTS~R.~c~r
Pay Tos David Gonzalez
Emplo~•ee Number. 179b
BOARD 9F DIRECTORS
PER-DIEM AND MI1.,EAGE CLA~1V.i FOE2319
Period Covered
'roan: Z (1 lld ~'a, ~ 2rt ~ i
ITEM ilATE iVIEETING PURPOSE ! I~SU~S
D35CUS5~~
iYi~.EAGE~c~~n~eoawfl
i?;YL to ~lOL1E
IV~TLEAG~
rn~~€R
LOt'.A73L)NS
3a '~~~J 3'~~61'l~'~zc -bid r~r~~'~~--t C -'~ ~~.t;(.l~~ C. Lev'. ~~ ~~
40 ~`~ ~ "~1 C' ' :.i:! ~L i~ ~Li°?'~-i C~i'{` ~, ~,.~'{ f41. ~L'ti •°~~a
~,
\~~~~~w
`~
~
~fi.
70
S.
9.
1 U.
11.
120
13.
140
15a
1 h,
17.
1~3.
~'otal Nleetin~° ~°° T•,n~°.
($10~ der mei
T'~ta7 I1lilea~E
~:~ G~'I ~teeeipt~W~
~'~Ct OF'~~E ~'S~> `~'~`I'~l, ~'I~3,E~~~ ~tEIiVI~tTitS~1~~NTa
;i.nF a -
L
~i3v vU- 1 ~3~ aUZ~ - z/D~- S28/o / .3~o•v~
,~ E~~B:[~' ~
~ FR o~g~¢av O~'~1Y W~iTE:R ~f~STIt~CT
BOARD Off' D.IREC"TU~
PER-DIEM AND M~1,E~G~ CL~L~i FaRNi
P~~q To: Jose Lopez P~ri~d Covered:
Employe Number: 7D10 Fromv 01I01111 Ta; 01 t~71! 1
ITEM DATE MEETING Pl3ItP~3~~ J i~5~;l~S
D~$CU~ED
I~iILEAGE~oa,~ ~ our
OA°D to HU!4~
l~III,EAGEortg.*~
ZrJL':A7IE3*:5
~ ~~ (,~R~ lar :Beard ?~it~20
~~~
=~.
-
~
—~.
~ ;.
_;~ ~;
f
j.
5.
~,
g.
9.
11.
12.
13.
14.
I5.
1b.
17 ~
~$.
'~°utal zVlteting Per diem: $ ~~~ ~ z~ n
(~ld~ per m+~eceting)
~'~~~1 M~Ye~~e Clsime~. ~~~ ,nines
~ ~~
" i~ecto~°'~ Signature)
e~7-
FiO:tt ~~'F~CE "[75~a ~t7°~A~ 11~.~A~~ ~2E1I1~BUR~:E~V1~N'I', S
z'.'~, _
"~ ,,
'V
8~,~~a ~~vv • ~ ~~vvo ~ Z~ ~ i
,.
~~ti~ o~ n~~roRs
PAR-~7E~I ANA tV.ti~:~~~ ~Ci,AIM FOR~4i
Pay 'To: Jose l,o
~rnployee Nu~nbear; 7fllfl
.~2~iv/ ~v -vC~
EXHIBIT B
Periucl Ct~ver~d:
From: E1 /1 ~ To; ~i+,~/ ~. ~ l 1
~ 1T~]ti1 1)r~TE ?1rL~:~'~"II~G ~URFU~E > ISSUES
~~~'~-~•~~.~D
MII.EAGE
HOMEiaOA'D
O WD to H~?~3E
~Y[ILEA~E
~7HEk
LCCA3'IGh7~
1 ~ ~ ~S'~LG;4JL ~ .dt~~~aT ~0~'13 !lei,2O i
3.
~._~
,/~/~I ~/ ~~/ 1
(( N /~ /,:'
t e .4'~ i~U~.
_~ ~ .. ,~
_. _.
!
~.
~.q
F 3e
~
~~
12.
13.
I4.~
15.
~
16.
17
j 38.
r.~ ,3'otal ilrieetj~g Per bie~no ~ ~~~ L
~~100 per rn~eiir~g)
"~'~t~l ~►flileag~ Cl~im~a ~~ ~n~l~,~- -
~~-~a~+~.~
ire~f~Y'~ Sfg~atur~)
Gild Reci~pt> date; ~ f ~E ~'v° ~
~~-R 4~`~~~ tl5~a 1`~T,~L iVI~~AC~ It~1?Vi~IT~ZS~sVIEN'T~ S____ _— -- --~~ ,t~~~
1~/
~~~
)~
~h3 (~ (~ C~ 1 ~3 5~ v0 • zi t~ / • ~~-8 ~ v 1
rP ,9a p-~3 o v v . ~ Y3 ~--~ v v - Z i b , ,r-L, ~ o Z-
~~~aN~b
'" • ~ s STAY WATER DISTRi~'~
~~9;`~I'a~ BOARD +~F DIRECTOi2S
~~o pj8< PE~t-DI~NI AIVD 1VIILEA~E ~LAiM Ft3~VI
Pav To: Mark Robak
Employee Number: 70140111
3217 Fair ~Daks Lane, Spring Valley, CA 91978
Period C+ov~redo
~foo.~
~y', v ~
~ro~: 1-1-11 ~'~o ~-3~-1fl
ITEM DATE MEETING PURP~OS~ /ISSUES
DISC~TSS~.~
iVIILEA~~
HO~IEroOWD
OWD to HOME
iI~~LE~~E
OTHER
LOCATIONS
Z 1-5 Monthly Otay Board Meeting Ciener~l District Business 4 6
2 1-7 East County Chamber
Breakfast Meeting
Monthly First Friday Breakfast Nleeiing—
No Charge
0 0
3 1 -10 Meeting with Board President,
Jaime Bonilla
Discuss General District t~usiness 0 0
~!1-1 1_Special Otay Board Meeting Discuss a~poiniment of new ~ene~-al
Counsel
4 6
5 1-26 Otay Emaloyee Recognition
Luncheon at S~eele Canyon
CC
Annual meeting to recognize ernployPes -
No Charge
0 0
6 1-28 Symposium on Desalina€ion Desalination: Technologies and I~larket
Technolo;ies at National ~pportun~ties - S:.~ E;<niGt ".°."
Universit
P
1 ei° Diem: $400
0 21
8 33l otai I~eetir~~
(~10U pert rneetin~)
1 otal 1Viilea~e Cla~medo 41 ~ /Z~'~~3/l' i~~~
~M A-~. ,~ ~~ - latex _
~".t}R O~'FYCE ~JS~o 1 ~'1'AI, IVIIg,~
~~ ~ S~~ 1
3' v
Q~
1~"
`~,~-yY~~\U,.
h~C 99 11~ /VW ~ ~ ~
i\~
~TF~PU
Pav To: Mark Robak
/ ~3 Sv o ~ . 2~/ v / • ~S 2/ ~ v Z
OTAY WATER DISTRI~"~'
BOARD aF DIRECT~~2~
~~~t-DIEM AND MI~.EAGE ~C'~.AlN~ F~~til~i
Ersaployee Number: 7014021
3217 Fa9r Oaks Lase, ~¢~r9ng Va41ey, CA 91978
Lf. D
PPr~¢+~ ~~v~rec~:
F'r~m3a 2~~-1 ~ `~'~a 2-2~-1
I`T'EM DATE MEE~'IN~PURPOSE / ~SS1J~5
~IS~~~~~~
i0'~~LEA~~
HOME to OWD
OWD to HOME
i~gILEAGE
0'f HER
LOCATIONS
l 2-2 Monthly Otay Board Meeting General District Business 4 6
2 2-11 SDCWA-SANI3AS~ ~ebional
Planning Meeting
Meeting of Committees of both agencies
to discuss water issues for regimen —gee
Exhibit A
0 7_0
3 2-14 East County C'harnber of
Commerce
EI Cajon Citizen of the Fear Awards
Presentation - No Charge
0 0
4 Z-15 Otay Engineering ~z
Operations ComrniEtee
Listen to presentation a^~ c3 scESSSion of
Consisuciion Mana~e~r.-~r~
t v ,~ J
~ "'
~~a~
~
~; ,
~
6
1 otal IVleetin~I'er ~ieme $300 8 32
(~1u0 per rneetin~)
Total Mileage Claimed° 40
~~~(~ ~
~M A-~adafi ~ ~
1
~~I~~~L~3'9S ~9~1~~~lll°~~
FOR OFFICE ~1SEo T~~'A~, iVIILEA~E FtEII~IBi1RSEIVIEIV~'o ~--- -- ---- ,~~ ~, ~`
. ' _ - /..~
g~PO~~sHE~ ~~~
~, ~ m
~~F~4 ais'~P`
STAFF REPORT
AGENDA ITEM 4
TYPE MEETING: Regular Board MEETING DATE: June 1 , 2 011
SUBMITTED BY: William Granger W.O./G.F. NO: DIV. NO.
Water Conservation Manager ~6
APPROVED BY: Rom Sarno
(Chiefl
Chief, Adml 'strative Services
APPROVED BY: German Alv ez
(Asst. GM):
Assista eral Manager, Finance and Administration
SUBJECT: APPROVE RESOLUTION NO. 4176, DECLARING AN END TO WATER
SHORTAGE RESPONSE PLAN LEVEL 1
GENERAL MANAGER'S RECOD~NDATION:
The General Manager recommends that the Board approve Resolution
No. 4176, declaring an end to the District's Water Shortage
Response Plan Level 1.
COMMITTEE ACTION:
Please see "Attachment A".
PURPOSE:
To present for the Board's consideration approval of Resolution
No. 4176, declaring an end to the District's Water Shortage
Level 1.
~TTAT.VCTG
The District has been in a voluntary Level 1 water shortage
since June 12, 2008. The Governor declared an end of the
statewide drought on March 30, 2011. The Metropolitan Water
District and the San Diego County Water Authority also declared
an end of the water shortage. Although the District is no longer
asking for a targeted reduction, the District will continue to
encourage its customers to use water wisely at all times.
The District's potable water purchases declined by 19% as
compared to fiscal year 2008. This year, through the first week
of May, the District is on target to use 25% less than its now
deactivated Water Authority allocation.
All
On April 12, 2011, the Metropolitan Water District declared an
end to their supply allocations. Then, on April 29, 2011, the
Water Authority ended shortage allocations for their twenty-four
member agencies. The District and the other member agencies of
the Water Authority had been given an 8% reduction of its
allocation.
District staff communicated with its fellow member agencies to
discuss what they planned related to their own water shortage
declarations. Nearly all plan to deactivate their water shortage
declarations, if they have not done so already.
Currently, the state's reservoir levels are near capacity and
the Department of Water Resources estimated that it will be able
to supply 80% of the requested State Water Project Water this
year, up from 50% last year, 40% in 2009 and 35% in 2008. The
Metropolitan Water District is expected to be able to store up
to 800,000 acre feet this year, enough to completely fill its
largest reservoir in Diamond Valley. In the Colorado River
system, snowpack levels are above normal and the system
continues to recover from an 11th year of water shortages.
While the pumping restrictions on the Bay Delta remain in effect
and uncertainty remains regarding the Colorado River system's
reservoir levels, staff felt that the available water supply
would give the District's customers at least two years of secure
supply.
FISCAL IMPACT:
None.
STRA~'EGTC GOAL:
n/a
LEG. IMPACT
none %~ ~ r ~'
General Manager
Attachments:
A) Committee Action Report
B) Resolution No. 4176
ATTACHMENT A
:APPROVE RESOLUTION NO. 4176, DECLARING AN END TO WATER
SUBJECT/PROJECT: ~ SHORTAGE RESPONSE PLAN LEVEL 1
COMMITTEE ACTION:
The Finance, Administration and Communications Committee met on May
18, 2011 to review this item. The Committee supports presentation to
the full Board for their consideration.
NOTE:
The "Committee Action" is written in anticipation of the Committee
moving the item forward for Board approval. This report will be sent
to the Board as a Committee approved item, or modified to reflect any
discussion or changes as directed from the Committee prior to
presentation to the full Board.
Attachment B
RESOLUTION NO. 4176
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE OTAY WATER DISTRICT
DECLARING AN END TO THE DISTRICT'S
WATER SHORTAGE RESPONSE LEVEL I
WHEREAS, the Otay Water District had declared a Water Shortage
Response Level I on June 12, 2008 in response to water shortages
throughout the State; and
WHEREAS, California State Governor Jerry Brown officially
declared an end to the State's Drought on March 30, 2011 due to the
abundant rain and snow throughout the State this winter; and
WHEREAS, the Metropolitan Water District Board voted on April
12, 2011 to lift water allocation restrictions and restore full
imported water deliveries to the District's 26 member public
agencies, effective April 13, 2011; and
WHEREAS, the San Diego County Water Authority Board also voted
on April 28, 2011 to restore full urban and agricultural water
deliveries to its 24 member agencies effective April 29, 2011, and
WHEREAS, Section 39.09 of the District's Code of Ordinances,
Procedures for Determination and Notification of Water Shortage
Response Level, states that the District's Board may declare an end
to a Water Shortage Response Level by the adoption of a resolution at
any regular or special meeting;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Otay Water District that the Water Shortage Response Level I be
Page 1 of 2
declared ended effective immediately upon adoption of this
resolution.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the
Otay Water District at a regular meeting held this 1St day of June,
2011.
Ayes:
Noes:
Abstain.
Absent:
ATTEST:
Secretary
Page 2 of 2
President
~P~LISHEp
i~9~ a~ AGENDA ITEM 5
9rFQ o~s'~a~
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: June 1, 2011
SUBMITTED BY: Stephen Dobrawa W.O./G.F. NO: DIV. NO. All
Purchasing an Facilities Manager
APPROVED BY: Rom Sarno
(Chief)
Chief, Adm ni trative Services
APPROVED BY: German Alvar z
(Asst. GM):
Assistant e 1 Manager, Finance and Administration
SUBJECT: AUTHORIZE THE GENERAL MANAGER TO NEGOTIATE AND EXECUTE
AGREEMENTS WITH GREENRIDGE LANDSCAPE, INC., FOR LANDSCAPE
MAINTENANCE SERVICES, AND PRIORITY BUILDING SERVICES, LLC,
FOR JANITORIAL SERVICES
GENERAL MANAGER'S RECONlD~NDATION:
That the Board authorize the General Manager to finalize negotiations
and execute 2-year agreements with 3 1-year option renewals with:
1. Greenridge Landscape, Inc. of El Cajon, for landscape
maintenance services of 61 District facilities in the following
not-to-exceed yearly amounts:
Year 1 $8,650.00/month
Year 2 $8,650.00/month
Option Year 1 Year 2 Price plus increase limited to Year 2
Consumer Price Index
Option Year 2 Option Year 1 Price plus increase limited to
Option Year 1 Consumer Price Index
Option Year 3 Option Year 2 Price plus increase limited to
Option Year 2 Consumer Price Index
2. Priority Building Services, LLC of San Diego, for janitorial
maintenance services for the District's Administration,
Operations, and Warehouse facilities located at 2554 and 2553
Sweetwater Springs Blvd, Spring Valley, CA, in the following
not-to-exceed yearly amounts:
Year 1 $3,504.00/month
Year 2 $3,504.00/month
Option Year 1 $3,504.00/month
Option Year 2 $3,504.00/month
Option Year 3 $3,504.00/month
COMMITTEE ACTION:
Please see ~~Attachment A".
ATTRU(1CF'
To obtain authorization for the General Manager to finalize
negotiations and enter into 2-year agreements with 3 1-year option
renewals with Greenridge Landscape, Inc. of El Cajon, for landscape
maintenance services, and Priority Building Services, LLC of San
Diego, for janitorial maintenance services.
nunT.vcrc
Landscape Services:
The District contracts for landscape maintenance services,
maintaining 61 sites through a multi-year agreement. The current
agreement will expire on June 30th of this year.
In accordance with established purchasing procedures, the District
issued a Request for Proposals (RFP) for the work. A mandatory pre-
proposal meeting was held at 9:00 am on April 19, 2011, with five (5)
firms attending.
The District received five (5) proposals that were evaluated by a
panel consisting of representatives from Purchasing and Facilities
Maintenance and Operations. Based on the review, it was determined
that the proposal from Greenridge Landscape, Inc. best meets the
District's needs, and it is recommended that the General Manager be
authorized to finalize negotiations and enter into a 2-year agreement
with 3 1-year option renewals with Greenridge Landscape, Inc. in the
following not-to-exceed yearly amounts:
Year 1 $8,650.00/month
Year 2 $8,650.00/month
Option Year 1 Year 2 Price plus increase limited to Year 2
Consumer Price Index
Option Year 2 Option Year 1 Price plus increase limited to
Option Year 1 Consumer Price Index
Option Year 3 Option Year 2 Price plus increase limited to
Option Year 2 Consumer Price Index
The District has reviewed and checked references for Greenridge
Landscape, Inc. including S.C. Wright Construction, Inc.; Lienan
Family Trust, LLC; Canyon Pottery Inc.; and High Country West HOA.
Responses received were favorable and the District is confident that
they can successfully perform the work identified within the RFP.
Additionally, as is consistent with the District's multi-year
agreements, should Greenridge Landscape, Inc. fail to perform as
required, the District will have the ability to terminate the
agreement at any time for cause and without penalty.
Janitorial Services:
The District contracts for janitorial maintenance services for its
Administration, Operations, and Warehouse facilities through a multi-
year agreement. The current multi-year agreement with Professional
Maintenance System of San Diego was terminated effective March 18,
2011, based on a mutual decision by the service provider and the
District. Subsequently, the District has been on a month-to-month
service agreement with Jani-King of San Diego, pending the
solicitation of proposals and award of a new agreement.
In accordance with established purchasing procedures, the District
issued a Request for Proposals (RFP) for the work. A mandatory pre-
proposal meeting was held at 2:00 pm on April 19, 2011 with five (5)
firms attending.
The District received four (4) proposals that were evaluated by a
panel consisting of representatives from Purchasing and Facilities
Maintenance and Customer Service. Based on the review, it was
determined that the proposal from Priority Building Services, LLC
best meets the District's needs, and it is recommended that the
General Manager be authorized to finalize negotiations and enter into
a 2-year agreement with 3 1-year option renewals with Priority
Building Services, LLC in the following not-to-exceed yearly amounts:
Year 1 $3,504.00/month
Year 2 $3,504.00/month
Option Year 1 $3,504.00/month
Option Year 2 $3,504.00/month
Option Year 3 $3,504.00/month
The District has reviewed and checked references for Priority
Building Services, LLC including the City of Brea, City of Fullerton,
and Teledyne RD Instruments. Responses received were favorable and
the District is confident that Priority Building Services, LLC can
successfully perform the work identified within the RFP.
Additionally, as is consistent with the District's multi-year
agreements, should Priority Building Services, LLC fail to perform as
required, the District will have the ability to terminate the
agreement at any time for cause and without penalty.
FISCAL IMPACT:
The proposed FY12 landscape maintenance operating budget is
$120,000.00. Of this amount, $103,800.00 will be utilized for the
proposed agreement. This 2012 budget request is sufficient to cover
the $103,800.00 cost for Year 1 of the proposed landscape maintenance
agreement. The remaining balance of $16,200.00 will be utilized for
other required ancillary landscaping services.
The proposed FY12 janitorial maintenance operating budget is
$60,000.00. Of this amount, $42,048.00 will be utilized for the
proposed agreement. This 2012 budget request is sufficient to cover
the $42,048.00 cost for Year 1 of the proposed janitorial maintenance
agreement. The remaining balance of $17,952.00 will be utilized for
other required ancillary janitorial services.
STRATEGIC GOAL:
The proposed contract supports the District's strategy of:
n Reduce costs and improve efficiencies
LEGAL IMPACT:
None.
," I
~~ ~ ~ r
Marf~ Watton
General Manager
Attachments:
A) Committee Action Report
B) Landscape Maintenance Proposal
C) Janitorial Maintenance Proposal
ATTACHMENT A
'AUTHORIZE THE GENERAL MANAGER TO NEGOTIATE AND EXECUTE
SUBJECT/PROJECT: 3 AGREEMENTS WITH GREENRIDGE LANDSCAPE, INC. , FOR LANDSCAPE
MAINTENANCE SERVICES, AND PRIORITY BUILDING SERVICES, LLC
`FOR JANITORIAL SERVICES
COMMITTEE ACTION:
The Finance, Administration and Communications Committee met on May
18, 2011 to review the proposed agreements with Greenridge Landscape
and Priority Building Services. The Committee supports presentation
to the full Board for their consideration.
NOTE:
The "Committee Action" is written in anticipation of the Committee
moving the item forward for Board approval. This report will be sent
to the Board as a Committee approved item, or modified to reflect any
discussion or changes as directed from the Committee prior to
presentation to the full Board.
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AGENDA ITEM 6
~~P~LISiiE~
~~~0~
G
9rFQ o~e'~P`
STAFF REPORT
TYPE MEETING:Regular Board MEETING DATE:June 1, 2011
SUBMITTED BY:David Charles~~l~ PROJECT/AS001- DIV. NO. 5
Public Services Manager SUBPROJECT:CS0005
APPROVED BY:Rod Posada~~~ ~.~-~
(Chiefl Chief, Engineering
APPROVED BY:Manny Magana
(asst.~nn):Assistant General nager, Engineering and Operations
SUBJECT:Request to Approve Agreement with New Cingular Wireless PCS,
LLC, a Delaware Limited Liability Company,for the
Installation of a Communications Facility at the 1296-1, 2 &
3 Reservoirs Site
GENERAL MANAGER'S RECONlD~NDATION:
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
1296-1, 2 & 3 Reservoirs 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 1296-1, 2 & 3
Reservoirs Site. The agreement will grant New Cingular the right to
use approximately 270 square feet of leased area.
nuar.vc-rc
New Cingular will be the third cellular provider locating its
facilities on the 1296-1, 2 & 3 Reservoirs Site. Currently, T-Mobile
and Sprint PCS 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 facade mounted to the side of two (2) existing 33-feet
high water tank. Four (4) ground-mounted BTS radio equipment
cabinets shall be enclosed in a 24-feet-10.5-inches(L) x 6-feet-2.5-
inches(W) x 8-feet (H) dark-tan concrete block enclosure to screen the
equipment. The overall lease area shall be comprised of
approximately 270 square feet. The facility shall have its own SDG&E
electrical service/meter and connection to landline 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 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 four 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 four percent or the preceding five
year average of the San Diego Metropolitan CPI, whichever is higher.
An initial $2,500 payment toward the District's non-refundable
administrative fee of $6,500 was 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 $4,000 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 agreement has been reviewed and approved by District General
Counsel for content and form.
2
STRATEGIC GOAL:
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.
1
Gener 1 Manager
P:WORKING\CELLULAR LEASE FILE\AT&T (C INGULAR)\1296-1fi2\Staff Report\BD 06-01-11, New Cingular @ 1296-1,2 fi3
DTC/RP:jf
Attachments:Exhibit A - Location Map
Attachment A - Committee Action
Attachment B - Agreement
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ATTACHMENT A
SUBJECT/PROJECT: ;Request to Approve Agreement with New Cingular Wireless
PCS, LLC, a Delaware Limited Liability Company, for the
AS001-CS0005 ;Installation of a Communications Facility at the
1296-1, 2 & 3 Reservoirs Site
COMMITTEE ACTION:
The Finance, Administration, and Communications Committee reviewed
this item at a meeting held on May 18, 2011. The Committee supported
Staff's recommendation.
NOTE:
The "Committee Action" is written in anticipation of the Committee
moving the item forward for Board approval. This report will be sent
to the Board as a Committee approved item, or modified to reflect any
discussion or changes as directed from the Committee prior to
presentation to the full Board.
~ P8~„1SHEp'~~Ot
~ ~
G
~rFR o~e'~P`
ATTACHMENT B
SUBJECT/PROJECT: ;Request to Approve Agreement with New Cingular Wireless
PCS, LLC, a Delaware Limited Liability Company, for the
AS001-CS0005 3lnstallation of a Communications Facility at the
;1296-1, 2 & 3 Reservoirs Site
See attached lease agreement.
Quality Assurance Approval Sheet
Subject: Request to Approve Agreement with New Project No.: AS001-CS005
Cingular Wireless PCS, LLC, a Delaware
Limited Liability Company, for the Installation of
a Communications Facility at the 1296-1, 2 & 3
Reservoirs Site
Document Description: Staff Report for June 1, 2011 Board Meeting
Author: ~ - ~'(~ ~ ~ ~ ~
S' nature Da e
David Charles
Printed Name
QA Reviewer: r ~I
Signa re
Gary Silverman
Printed Name
Mana er: ~ z~9
Signature
Rod Posada
Printed Name
.S~lo/1/
Date
~ 1 t: ~ ~
Date
The above signatures attest that the attached document has been reviewed and to the best of their ability the
signers verify that it meets the District quality standard by clearly and concisely conveying the intended
information; being grammatically correct and free of formatting and typographical errors; accurately presenting
calculated values and numerical references; and being internally consistent, legible and uniform in its presentation
style.
AGREEMENT BETWEEN NEON CINGULAR
WIRELESS PCS, LLC ~1ND OTAY WATER DISTRICT
TO LOCATE A COMMUNICATIONS FACILITY AT
OTAY'S 1296 RESERVOIR SITE
(13635 Bear Mountain Way)
This Telecommunication Facility Agreement (the `GAgreement") 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. (660tay"), and Mew Cingular Wireless PCS, LLC, a
Delaware limited liability company ("Tenant"). Special terms and conditions are set forth on
Exhibit A.
A. Otay owns a site on which it has constructed water facilities known as the "1296
Reservoir Site," as depicted on Attachment A to Exhibit ~ (the "Reservoir Site").
~. Tenant has requested Otay to allow it to locate a communications facility and
transmitting and receiving antennas at the Reservoir Site pursuant to the terms and conditions set
forth herein.
C. Otay is willing to allow Tenant to locate the Facilities (defined below) at the
Reservoir Site pursuant to the terms and conditions set forth herein.
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 E~ibit B
(the "Property"). Otay agrees to lease to Tenant, for the installation of antennas and related
telecommunications equipment, approximately 270 square feet of real property within the
Property, as more particularly described on Attachment C to Exhibit B (the "Premises").
2. Grant of Non-Exclusive Trench and Utility Easement(s). Upon written request
from Tenant, Otay agrees to grant anon-exclusive easement, as legally described and depicted in
Exhibit C to this Agreement (the "Easement"), for certain agreed-upon portions of the Property
for the purpose of trenching and for the installation and maintenance of the Otay approved
utilities needed by Tenant for the Facilities. It is expressly agreed that any such Easement shall
only be valid if signed by the parties and, if so, it shall run concurrently with this Agreement and
shall terminate automatically if this Agreement is terminated or ceases to exist for any reason.
Tenant agrees, holding Otay harmless for any cost or expense, to return any such Easement and
any portions of the Property disturbed in connection with the Facilities or any Tenant activity to
their original condition, or any other condition acceptable to Otay, as evidenced in advance of
the work in a writing signed by Otay representatives.
Tenant acknowledges that the Property is used in connection with Otay's storage and
delivery of water and other services to the public, and agrees that such uses by Otay are superior
in all respects to all uses by Tenant. Upon six-months written notice from Otay (or less if six-
months notice cannot be reasonably given), Tenant shall at its sole expense relocate its Easement
to another mutually agreeable location within the Property. Otay and Tenant shall reasonably
Telecommunication Facilities Agreement Page 1 Form:10-10
cooperate in such relocation, however if no such suitable location can be agreed-upon, either
party may terminate this Agreement without further liability to the other party.
Non-exclusive means, in connection with the Easement described and defined in this
Section 2, that Otay or any person or entity authorized by Otay may utilize the easement area for
any purpose which does not interfere with Tenant's use, including a purpose similar to Tenant's.
Otay shall provide Tenant with advance notice of any intention to use, or authorize a third party
to use, the easement area.
3. Use of the Premises. The Premises may be used by Tenant only for the purpose
of installing, constructing, housing, operating, maintaining and repairing its own, Otay-approved
telecommunication equipment, including appurtenant antennas 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, sublicense or permit another
entity any use of space at the Premises or the Facilities, except as provided in Section 12, below.
4. Access. Subject to compliance with the conditions set forth below, Otay agrees to
provide access over pre-identified portions of the Property to the Premises to Tenant, Tenant's
employees, agents, contractors and subcontractors (collectively, "Tenant Parties"), 24 hours a
day, seven days a week, at no additional charge to Tenant. Neither Tenant nor Tenant Parties
shall wonder off into other portions of the Property or attempt to use or access any Otay facility.
If access to the Premises is available without or with minimum intrusion into any portion of the
Property, such access shall be the preferred route and Otay may require the Tenant, at the
Tenant's cost, to fence the Facilities so as to separate them from the rest of the Property and all
other improvements.
a. Ingress and Egress. Otay hereby grants to Tenant and Tenant Parties 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; provided, however, that such
access shall at all times be in compliance with and subject to Otay's rules, policies and
regulations and shall not, at any time, interfere with Otay operations or cause or threaten to cause
any contamination of Otay facilities or the Property.
b. Parking by Tenant. Subject to the foregoing, Otay agrees to permit Tenant
and ~'enant Parties to park vehicles on the Property as necessary and consistent with the
authorized use of the Premises. No vehicle or trailer of any type shall be left unattended at any
time or parked overnight, by Tenant or Tenant Parties, on any portion of the Property, including
the Premises. Upon Otay's request, Tenant shall immediately cause to be relocated any vehicle,
trailer, or any other blockage of any type (other than Otay-approved Facilities), belonging to
Tenant or any Tenant Party.
c. Maintenance of Access. Otay shall, at its expense, maintain all access
roadways or driveways from the nearest public roadway to the Property, in a manner reasonably
sufficient to allow access. Otay may assess a charge on Tenant to reimburse Otay for the full
cost of any damage or excessive wear caused by Tenant and Tenant Parties.
d. Additional Access. Tenant is responsible for, at no cost to Otay, obtaining
and maintaining all permits, licenses or easements from the owners of any affected real property
(whether adjacent to the Property or not), as may be necessary for Tenant to have any and all
access to and from the Property required in connection with this Agreement and the Facilities.
Tenant shall provide copies of these documents to Otay prior to the start of construction.
Telecommunication Facilities Agreement Page 2 Form:10-10
5. Term. The term of this Agreement shall be five (5) years (the 66Initial Term"),
commencing on the Commencement Date. Tenant shall have the right to extend the term of the
Agreement for three (3) additional terms of five (5) years each (each, an "Extension Term") 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. Failure to give such notice entitles Otay to, at its option,
terminate this Agreement at the end of the then current Initial Term or Extension Term. In
addition, so long as Tenant is in full compliance with the terms and conditions of this
Agreement, Tenant may request up to two (2) 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"); such
requests) shall be in writing and received by Otay no less than 120 days prior to the expiration
of the then current Extension Term or Additional Term, as applicable.
6. Payment of Costs• Deposit and Administrative Fees. Tenant agrees to pay all
costs and expenses incurred by Otay in connection with the Facilities and this Agreement,
including negotiation and processing hereof, plan checking and inspection of Tenant facilities,
costs of inspection, repairs or replacement of any Otay facilities affected or damaged, and all
other costs or expenses of Otay attributable to the matters herein contemplated, plus a reasonable
amount for Otay's overhead costs in connection therewith.
a. Deposit. Tenant has made a deposit, concurrent with its application, and
has agreed to make any additional deposits required in connection with Otay's review of the
application, negotiation of this Agreement, including legal review, site visits, review of drawings
and other costs relating such matters incurred by Otay up to the time this Agreement is executed.
Tenant forfeits any claim to such deposits except to the extent Otay determines after this
Agreement is executed that amounts in excess of the District's costs and expenses have been
paid. Any such eYCess amounts may, at the sole discretion of the District, be credited toward
administrative fees or any ether costs then due by Tenant, if any. If no amounts are due, excess
deposits will be reimbursed to Tenant.
b. Administrative Fees. An initial administrative fee of $4500 shall be paid
to Otay on or prior to the date of execution of this Agreement to defray costs relating to review
and processing ~f Tenant's conditional use permits, inspection of the Facilities during
construction and other related costs. In addition, administrative fees may be charged at Otay's
discretion during the Term to recover costs and expenses incurred by Otay, including attorneys
and consultant's fees, if any, in connection with any Tenant activity that requires Otay staff to
spend time in supervision, inspection, investigation or other review; such casts include but are
not limited to any amendments to this Agreement, any default or any failure of Tenant to secure
or renew any permit, approval, license or easement and any investigation Otay deems reasonably
required in connection with the Premises or the Facilities, including without limitation any
investigation of a potential contamination of any portion of the Property due to any Tenant
activity or improvement.
c. None of the deposits or other payment of costs or administrative fees
constitutes or shall be considered Rent (defined below).
7. Rent. beginning on the Commencement Date, Tenant shall pay Otay as rent the
sum of $3,175 per month ("Rent99) 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 Rent shall be prorated
for the first month of the Initial Term.
Telecommunication Facilities Agreement Page 3 Form:10-10
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 66CPI") for `cAll Items —All Urban Consumers" for the San Diego Metropolitan
Statistical Area for the immediately preceding 5 year period. If the 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 geagraphic 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 in the
greater San I3iego metropolitan area. 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 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 knovaledge the Premises
have not been used for the generation, storage, treatment or disposal of hazardous materials other
than these materials normally used by Otay for its usual purposes and that there is no known
hazardous waste on the Premises. Tenant shall not bring any hazardous materials onto the
Premises except for those contained in its back-up power facilities (e.g. sealed batteries and
diesel fiael) and properly stored, reasonable quantities of common materials used in
telecommunications operations (e.g. cleaning solvents); provided that Tenant shall use best
efforts to ensure that NONE of any such contaminants come into contact with ANY soil on the
Premises or the Property or with any portion or any Otay facilities. 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"). 66Hazardous materials" means any substance,
chemical, pollutant or waste that is identified, at the time the contamination or spill occurs, 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 . Tenant shall indemnify, defend (with counsel acceptable to Otay)
and hold Otay, its directors, officers, employees, agents, consultants, successors attorneys and
assigns (each an 6COtay Party" and collectively, "Otay Parties") harmless for any damages,
claims, liabilities, suits, actions or proceedings of any kind arising in connection with Tenant's
use or storage of hazardous materials.
a. Remediation. If Tenant, Tenant activities or Tenant Facilities in any way
cause contamination of any portion ~f the Property or any Otay equipment or facility, Tenant
shall immediately notify Otay and, without cost or expense to Otay, Tenant shall completely
remediate and shall cause the legal removal and disposal all contaminants and any contaminated
soil and materials within 24 hours of notice from Otay. If remediation cannot be completed
within such time, it must be commenced and diligently pursued to Otay's satisfaction to avoid a
default hereunder. Tenant shall also, holding Otay harmless for any cost or expense,
Telecommunication Facilities Agreement Page 4 Form:10-10
immediately cause the repair of any and all damage arising from the contamination or the
remediation. Any and all contractors or workers associated with the removal of the hazardous
materials and clean-up of contaminated soils or facilities must be certified the Contractors State
License Board ("HAZ" Certification) pursuant to Business and Professions Code 7058.7 et seq.
and proof of the required certification, insurance, and a business license is demanded and
required. All remediation activities must be performed with May's representatives} present.
b. Indemnity for Contamination. Tenant shall hold Otay and Otay Parties
harmless from any and all costs, expenses, losses, claims, fines, penalties, forfeitures, liabilities,
expenses and damages, whether constitutional, statutory, in contract, tort or strict liability
(including but not limited to personal injury, death at any time and property damage), incurred,
arising from or any way related to any such contamination or remediation, including without
limitation all costs and expenses relating to the clean-up or replacement, by or at Otay's direction
by persons or entities acceptable to Otay, of any contaminated soil, water and/or facilities and
including without limitation defending Otay and Otay Parties (with legal counsel, investigators
and subject matter experts acceptable to Otay) in any administrative ar criminal proceeding,
claim, action or litigation arising from or related to such contamination, payment of any and all
fines imposed on Otay or Otay Parties, and payment of any awards or settlements. Tenant agrees
to reimburse Otay for its cost relating to such remediation pursuant to Section 6.b of this
1~greement.
c. Tenant's obligation to remediate and indemnify Otay for any such
contamination and remediation shall survive the termination of this Agreement for any cause.
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 E~ibit D; provided that all permits and zaning approvals shall have first been obtained by
Tenant and shall at all times while the Facilities operate remain in full force and effect.
a. Installation of the Facilities. Tenant's design and installation of all portions
of the Facilities shall be done, at no cost to Otay, according to plans approved by Otay, provided
that such approval shall not be unreasonably withheld. The Tenant shall be responsible for
painting its antennas and/or equipment to match Otay's facility. Otay will provide Tenant with
specifications regarding paint type, color and applicatian 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 not inconsistent with requirements of
the city or county within which the Facilities are located. These camouflage designs may include
but are not limited to faux palm trees, pine trees, cypress trees, broadleaf trees, and flag poles,
unipoles, and other camouflaged antenna and antenna supports.
b. Record DNawings. Within thirty (30) days after completion of the Facilities,
Tenant shall provide Otay with "record" (also called "as-built") drawings of the 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, including
without limitation all personal property and antennas 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. Upon acceptance by Otay
of Tenant's record drawings, in form and content satisfactary to Otay, such drawings shall
replace and supersede any similar drawings contained in any exhibit attached hereto.
Telecommunication Facilities Agreement Page 5 Form:10-10
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 structure, antenna support,
interconnecting facilities or its appearance or any change that requires access to the Premises for
installation of new equipment, removal of old equipment, trenching or digging or that could
disrupt Otay's workplace or communications in any way or any change that requires a renewed
or amended easement, permit or approval. All of Tenant's construction and installation work
shall be performed at Tenant's sole cost and expense in a good and workmanlike manner and
fully compliant with all government permit and code requirements. Tenant shall have the right
to remove all facilities it installs at its sole expense on or before the expiration or termination of
this Agreement, but must at such time restore the ground and surface underlying the removed
facilities to its pre-installation condition, wear and tear excepted, and to the reasonable
satisfaction of Otay.
d. Improvements to Facilities / Addztional Spczce. 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 paid to Otay before any
such changes are negotiated. In addition, if the requested Tenant improvements include
additional area, a new agreement or, at Otay's discretion, an amendment for the additional lease
space must be executed prior to start of construction and Tenant shall comply with Otay's
requirements then in effect, including payment of additional rent, if any, for the additional area.
e. Permits and Compliance with Applicable Laws. During the Term, and prior
to commencing any construction or installation of any improvements or equipment, as
applicable, Tenant shall obtain all necessary approvals, permits and access easements or licenses,
all of which shall be maintained in full force and effect at all times in accordance with all
applicable laws, rules and regulations.
i. 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.
ii. 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 sha11 provide Otay with updated permits, licenses
and/or approvals, including without limitation written evidence, satisfactory to
Otay, of all FCC approvals and other governmental permits and approvals,
including but not limited to compliance with the FCC's electromagnetic radiation
rules, set forth at 47 C.F.R. § 1.1307 et seq. and FCC Office of Engineering and
Technology Bulletin 65, each as hereafter amended.
iii. Otay agrees, at no expense to Otay, to reasonably cooperate with
Tenant in making application for and obtaining all governmental licenses, permits
and 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, route, design and capacity, which approval shall not be unreasonably
Telecommunication Facilities Agreement Page 6 Form:10-10
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/Systems. Any damage done to the Property
or to any Otay improvement, facility or system in connection with the construction, installation,
maintenance, repair, improvement, replacement or operation of the Facilities shall be repaired or
replaced immediately at Tenant's expense and to Otay's reasonable satisfaction by Otay staff or
contractors approved by Otay. Tenant shall not locate or attach any antennas or other equipment
to any of 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, improvements and
systems affected in any way by Tenant's Facilities or its use of the Property or the Premises.
h. Maintenance and Repair. At all time during the Term, Tenant shall
maintain the Premises and the Facilities in a manner acceptable to Otay. Tenant's use of its
facilities shall not at any time or in any way adversely impact, impede or interfere with Otay's
access to, use or operation of, its irriprovements, equipment or systems.
i. 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 and that Otay's operations and services are highly sensitive and
regulated. Tenant shall provide for the proper supervision of all Tenant Parties assigned or
allowed by Tenant to enter and do work at the Premises. Tenant also agrees, holding Otay
harmless for any cost or expense, to comply with any and all security measures instituted by
Otay from time to time.
10. Maintenance Repair or Replacement of Ota~provements. At any time while
this Agreement remains in effect, Otay may, at its option and upon One Hundred Twenty (120)
days prior 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 any or
all its improvements on the Premises (the "Maintenance or Replacement Work"), as deemed
necessary by Otay in its sole discretion. Tenant agrees to fully cooperate with Otay's efforts in
connection with any Maintenance or Replacement Work, including without limitation timely,
and at Tenant's cost, removing and re-installing any portion of the Facilities, as requested by
Otay.
a. Temporary Facilities. During the Maintenance or Replacement Wank,
Tenant may, holding Otay harmless from any cost or expense, install temporary antennas on the
Premises subject to Otay's approval of the location and type of replacement facilities, such
approval shall not be unreasonably be withheld ar delayed. Once the Maintenance or
Replacement 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 stay. 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 of any temporary facilities or
the Facilities, and Tenant shall restore any distributed portions of the Property to their condition
immediately prior to the installation of the temporary facilities.
Telecommunication Facilities Agreement Page 7 Form:10-10
c. Otay's option to remove temporary facilities. If any temporary facilities are
not removed within thirty (30) days from the date the Maintenance or Replacement Work is
completed, Otay shall have the right, but not the duty, to remove the temporary facilities at
Tenant's cost and expense.
d. Painting of the Facilitzes. If the Maintenance or Replacement Work
includes the painting, or any work affecting the surface of Otay's improvements, the Tenant shall
be responsible for repainting or performing other surface treatment of its antennas and equipment
to match Otay's. Otay will provide specifications to the Tenant regarding the treatment, paint
type, color and application method to accomplish this requirement. The Tenant shall be required
to obtain approval of specifications from Otay prior to commencing work on this requirement.
Subject to Otay's prior written consent, Tenant may substitute an alternate treatment, paint type
and application method if it reasonably determines that Otay's selection will adversely affect or
otherwise degrade Tenant's wireless signal from the Reservoir Site.
11. Co-Location b~v. Tenant agrees that Otay may enter into leases or other
types of agreements 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 or access to the Premises. Tenant shall
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 to
accommodate the new carrier or utility shall be performed at the expense of Otay or the new
carrier or utility.
12. Co-Location by Tenant - Subleasin6/Encumbrance. Tenant shall 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 shall require an amendment to this Agreement and shall specify the terms
and conditions, including making provision for rent and increases thereto for the sub-lease or
other encumbrance.
13. Condition of the Property at Expiratian or Termination. Upon the expiration or
termination of this Agreement as herein provided, Tenant shall, holding Otay harmless for any
cost or expense, surrender the Premises, and any Easements granted by Otay in connection with
this Agreement, 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 Qtherwise agreed to by
Otay in writing. All telecommunication traffic and all use of the Facilities and the Premises shall
cease immediately upon notice of termination or upon the expiration of the applicable term,
whichever is earlier.
14. Interference. Tenant shall not use, nor shall Tenant permit any Tenant Party or
sub-lessee to use any portion of the Premises in a manner which interferes with Otay's use of the
~Zeservair Site for its intended purpose including communications facilities relating to Otay's
operation, now existing or hereafter installed. This limitation on Tenant's use does not apply to
interference with communication facilities of a tenant of Otay whose use did not 66pre-exist" this
Agreement; except as to communications facilities 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 communications facilities, Tenant will have five (5) business days to correct the problem
after notice from Otay, except as to interference with Otay's telemetry radio equipment which
must be corrected within one (1) calendar day after notice from Otay. Tenant acknowledges that
Telecommunication Facilities Agreement Page 8 Form:10-10
interference that continues beyond the number of days specified in this Section may cause
irreparable injury to Otay and, therefore, Otay has the right, without further liability, to terminate
the Agreement immediately upon notice to Tenant of failure to correct the problem within the
specified time.
15. Taxes. During the term of this Agreement, 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 of this Agreement.
16. Termination.
(a) This Agreement may be terminated by Tenant without further liability if:
(i) Tenant delivers to Otay 30-day written notice at any time prior to
commencing any work at the Premises in connection with the installation of any Facilities, for
any reason or no reason;
(ii) Tenant gives Otay sixty (60) days native of Tenant's determination that a
governmental or non-governmental license, permit, consent, approval, easement or waiver
necessary to enable Tenant to construct, install or operate the Facilities cannot be obtained or
renewed at reasonable expense or in reasonable time period for wireless sites at water reservoirs
in metropolitan areas within San Diego County. If this notice is given, Tenant must immediately
cease any and all transmissions through and from the Premises and shall promptly remove,
within a period ~f time not to exceed ten (10) business days, any and all Tenant's personal
property and improvements from the Property. This Agreement and any related easements shall
automatically expire upon the earlier of removal of the Tenant's improvements or the 60th day
from the notice; excepting only Tenant's indemnities and liabilities hereunder, including the
obligation to pay Rent for any holdover period. Tenant agrees that Otay may, without any
liability or recourse against Otay, commit to re-let the Premises to other parties immediately
upon receipt of the notice herein contemplated.
(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 upon payment by Tenant, as a termination fee, of the lesser of twelve
monthly installments of rent or the balance of the rent due for the then current Initial Term,
Extension Term or Additional Term, as applicable; and Tenant agrees that Otay may, without
any liability or recourse against Otay, commit to re-let the Premises to other parties immediately
upon receipt of the notice herein contemplated;
(iv) Otay commits a default under this Agreement and fails to cure pursuant to
section 17, below;
(v) The Property or the Premises are totally or partially destroyed by fire or
other casualty (not caused by Tenant) so as to hinder Tenant's normal operations and Otay does
not provide to Tenant within thirty (30) days after the casualty occurs a suitable temporary
relocation site for Tenant's facility pending repair and restoration of the Premises; or
(vi) If Tenant and Otay cannot reasonably agree on the location of a
replacement Easement pursuant to Section 2 herein.
Telecommunication Facilities Agreement Page 9 Form:10-10
(b) This Agreement may be terminated by Otay without further liability if:
(i) Tenant commits a default under this Agreement and fails to cure such default
pursuant to Section 17, below;
(ii) Otay determines that continuing the Agreement or continuing to allow the
Tenant to construct, install, maintain or operate the Facilities in any way violates a law, rule or
regulation; or
(iii) If Tenant and Otay cannot reasonably agree on the location of a replacement
basement pursuant to Section 2 herein.
17. Default.
a. Event of Default. The parties covenant and agree that a default or breach of
this Agreement (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 any other amounts
due Otay hereunder, and said default shall continue for ten (10) days after the same becomes
due; or
(ii) Either party shall default in the performance or observance of any
other covenant or condition of this Agreement 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 Agreement.
~. Cure Rights. An Event of Default shall not exist unless written notice has
been given in accordance with this Agreement, 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 cannot
reasonably be cured within such thirty (30) day period, the defaulting party shall not be in breach
of this Agreement if it diligently commences a cure within such period, and thereafter diligently
proceeds with the actions necessary to complete such cure.
18. Destruction of Premises or Property. If the Premises or the Property is destroyed
or damaged in a manner that prevents their use for economic, environmental or technological
reasons, Tenant may elect to terminate this Agreement as of the date of the damage or
destruction by so notifying Otay no more than thirty (30) days following the date of destruction
damage, provided Otay does not provide to Tenant, within such thirty (30) days period, a suitable
temporary relocation site for the Facilities pending repair and restoration of the Premises and the
Property. If the Property or Otay's improvements thereon are destroyed, Otay may terminate this
Agreement by providing Tenant up to sixty (60) days notice, as reasonably prudent under the
circumstances.
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 Agreement 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
entitled to any portion of the award paid for the taking and Otay shall receive the full amount of
Telecommunication Facilities Agreement Page 10 Form:10-10
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
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 which
may be satisfied by a primary policy with a limit of no less than $2,000,000 and an umbrella
policy of excess liability in the amount of no less than $5,000,000;
accident;
b. Automobile liability with the combined single limit of $1,000,000 per
c. ~Iorker'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 of A.VII or better. Each policy limit
herein shall be increased by Tenant, upon request by Otay, to the amount Otay increases its
policy limits for other contracts.
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 specifically agrees that it shall hold harmless, defend (with
counsel, and if needed experts, reasonably acceptable to Otay), indemnify and otherwise protect
Otay and each Otay Party, from and against all claims, suits or actions of any kind and
description relating to (a) Tenant's obligations under this Agreement and any amendment hereto
or (b) Tenant or Tenant Parties use of, and access to, the Premises, the Facilities or the Property.
These obligations extend to and include without limitation any and all costs and expenses
(including attorneys fees and court costs) incurred by Otay or the Otay Parties in connection with
(i) damage to praperty (including the Premises, the Property or any personal property of Otay or
any third party), (ii) any action or proceeding (including an enforcement action or criminal
proceeding) related in any way to any permit (governmental or otherwise), approval or easement
obtained by or required of Tenant in connection with this Agreement or the Facilities; and (iii)
personal injury or death, except to the extent that such claims, suits or actions directly arise from
the gross negligence or willful misconduct of Otay or an Otay Party. This indemnification clause
in no way limits any other specific indemnities given by Tenant under other provisions of this
Agreement.
Nothing contained herein shall prohibit Otay, in its sole discretion, from participating in
the defense of any demand, claim, action, proceeding, or litigation. In no event shall Otay's
participation in the defense of any demand claim, action, proceeding, or litigation affect the
obligations imposed upon Tenant herein.
Telecommunication Facilities Agreement Page I 1 Form:10-10
This and all other Tenant indemnities shall survive the termination of this Agreement and
shall remain in effect for as long as the underlying claim or action remains viable.
22. Esto~el 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) this Agreement is unmodified and in full force, or if there have been modifications, that
the Agreement 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 Agreement; and (d} such other
matters as Otay may reasonably request.
23. Assignment. Tenant shall not assign this Agreement or any portion of its rights or
obligations hereunder without Otay's prior written consent, except to an affiliated parent entity,
subsidiary, purchaser of at least 50% of the aggregate of the assets of Tenant ("assets" means and
includes without limitation any and all real, personal ar financial property or thing owned or
controlled by Tenant or over which Tenant has an interest) or holder of Tenant's FCC license.
a. If during the Term hereof, Tenant requests the written consent of Otay to
any assignment, and upon demonstration satisfactory to Otay of the proposed assignee's legal,
financial, and technical qualifications to assume all of the Tenant's duties and obligations herein,
Otay's consent thereto shall not unreasonably be withheld. Consent to one assignment shall not
be deemed consent to any subsequent assignment.
b. Any attempted assignment not permitted under the first paragraph of this
Section 23, without Otay's prior consent as set forth in Section 23(a), shall be void and, at Otay's
option, shall constitute a termination of this Agreement for which a termination fee as described
in Section 16(iii) shall be immediately due.
24. Memarandum of Agreement. If requested by Tenant, Otay agrees to promptly
execute and deliver to Tenant a recordable Memorandum of Agreement substantially in the form.
of Exhibit E.
25. ~ankru~tcX. Otay and the Tenant hereby expressly agree and acknowledge that it
is the intention of both parties that in the event that during the term of this Lease, either party
shall become a debtor in any voluntary or involuntary bankruptcy proceeding (a Proceeding)
under the United States Bankruptcy Code, 11 U.S.C. 101, et seq. (the Code), this Lease is and
shall be treated as an unexpired lease of nonresidential real property for purposes of Section 365
of the Code, 11 U.S.C. 365 (as may be amended), and, accordingly, shall be subject to the
provisions of subsections (d)(3) and (d)(4) of said Section 365 (as may be amended).
26. Choice of Law and Venue; Resolution of Disputes.
a. This Agreement shall be interpreted in accordance with the laws of the
State of California, without regard to its conflict of laws principles.
b. Any disputes not subject to resolution via arbitration, shall be referred to a
court of competent jurisdiction in San Diego County, ~alifomia. It is the intent of the parties,
however, that all controversies or claims arising out of or relating to this Agreement shall be
resolved by submission to final and binding arbitration, in accordance with then current rules, at
the offices of the American Arbitration Association ("AAA") located in San Diego, 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
Telecommunication Facilities Agreement Page 12 Form:10-10
failure of the other to perform or keep any term, covenant, or condition of this Agreement, the
party prevailing in said action or proceeding shall be entitled to recover, in addition to court or
arbitration costs, reasonable attorneys' fees to be fixed by the court or arbitration official.
28. No Liability of Public Officials. No elected official, officer, employee, agent, or
volunteer of Otay shall be personally liable for any default or liability whatsoever under this
Agreement.
29. Public Document. Tenant acknowledges that this Agreement and all documents
relating hereto are "public records" (as defined in Section 6252(e) of the California Government
Code), except for any documents relating to Tenant's financial condition or otherwise exempt
from such status pursuant to law, and that public records, with limited exemptions, are subject to
public disclosure pursuant to the provisions of California Government Code, commencing with
Section 6250.
30. Entire Agreement. This Agreement 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 Agreement shall be in effect unless made in writing and signed by the parties
hereto.
31. Incorporation of Exhibits and Recitals. All e~ibits and attachments attached to
this Agreement and all Recitals above are incorporated and made a part hereof as if fully set
forth herein.
32. Survival. Terms and conditions of this Agreement which by their sense and
context survive the termination or expiration of this Lease Agreement will so survive.
33. Severability. If any term or condition of this Agreement is found unenforceable,
the remaining terms and conditions shall 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.
34. 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
of a slzbsequent 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.
35. 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 or email and shall be
effective when sent if proof of transmission is retained and duplicate notices are sent by one of
the other methods herein described. Notices shall be sent to the addresses set forth below:
OTAY: ~Jtay Water District
Attn: General Manager
2554 Sweetwater Springs Boulevard
Spring Valley, CA 91978-2096
Fax: (619) 660-0829
Telecommunication Facilities Agreement Page 13 Form:10-10
TENANT: New Cingular Wireless PCS, LLC
Attn :Network Real Estate Administration
Re: Cell bite #: SS0627
Cell Site Name: Jamul
Fixed Asset No: 10068658
12555 Cingular Way, Suite 1300
Alpharetta, Georgia 30004
With a copy sent concurrently to Tenant's legal department, or counsel, as follows:
If sent via certified or registered mail to
New Cingular Wireless PCS, LLC
Attn :AT&T Legal Department
lie: Cell Site #: SS0627
Cell Site Name: Jamul
Fixed Asset No: 1006658
P.O. Box 97061
Redmond, WA 98073-9761
If sent via nationally recognized overnight courier to:
New Cingular Wireless PCS, LLC
Attn.: AT&T Legal Department
Ike: Cell Site #: SS0627
Cell Site Name: Jamul
Fixed Asset No: 1006865
15331 NE 72"a Way
Redmond, WA 9052-727
Otay or Tenant may from time to time designate any other addressees and addresses and fax
telephone numbers for notices or deliveries by written notice to the other party.
33. Corporate Authority. The persons executing this Agreement on behalf of the
Tenant warrant that (i) Tenant is duly organized and legally existing, (ii) he/she/they are duly
authorized to execute and deliver this Agreement on behalf of Tenant, (iii) by so executing this
Agreement, Tenant is formally bound to the provisions hereof, and (iv) entering into this
Agreement does not violate any provision of any other Agreement to which Tenant is bound.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. THE SIGNATURE PAGE FOLLOWS.]
Telecommunication Facilities Agreement Page 14 Form:10-10
II~T I'TI~ESS E OF', the parties have executed this Agreement as of the day
of , 20 .This date is referred to as the Commencement Date in the Agreement.
NE`JV CINGULAR WI~ZELESS PCS, LLC,
a Delaware limited liability company
By: AT&T IliIobility Corporation
Its: Manager
~y:
Name:
Its:
Approved as to Form:
Tenant's Counsel
OTAY WATER DISTRICT
2554 Sweetwater Springs Blvd.
Spring Valley, CA 91979
~. ~-
Its:
Approved as to Form:
Otay's General Counsel
Telecommunication Facilities Agreement Page 15 Form:10-10
If any terms or conditions set forth herein contradict terms or conditions of the Agreement to
which this Exhibit is attached, as described above, the terms and conditions of this Exhibit shall
control.
.. , ; , . J ;~ ~ ~~
1. Landscaping and 10'Iafln~enance. 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 shall be the sole responsibility of the
Tenant. Otay Water District makes no commitment for delivery of water to the Premises or
Facilities, except if Tenant obtains a water meter for the Premises and pays for water use.
2. lent. At Tenant's election, subject to prior written notice as set forth in the Agreement,
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. 'T'enant's Financing. Notwithstanding anything to the contrary contained in this
Agreement, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without
prior notice or consent its interest in this Agreement 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 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
Agreement. 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 also does not include
any entity whose primary business is the provision of telecommunications; or
telecommunications site ownership; or telecommunications site management.
a. Waiver of Ot~y'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; provided that Tenant's obligation to pay rent shall not
terminate unless, upon removal of the Facilities, Otay elects to terminate the
Agreement in which case, Tenant shall pay Otay the termination fee specified in
Section 16(iii) of the Agreement. The financing entity shall not have the right to
Telecommunication Facilities Agreement Exhibit A —page 1
operate the Facilities without Otay's prior written consent, which may be denied
at Otay's discretion for any reason or no reason.
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 in compliance with
all requirements of the Agreement; (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 ~Zent due or to
become due and that such Collateral may be removed at any time without
recourse to legal proceedings; except as set forth in paragraph (a) above.
c. isposfltion 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 of this Agreement, said failure shall constitute
abandonment. If thereafter, Tenant or any holder of Collateral, 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
Agreement, Otay is hereby specifically authorized to remove and dispose of the
Collateral, or any component thereof, so abandoned at Tenant's sole cost and
expense and without incurring any liability to Tenant, or any lender or any other
party with any interest in all or any part of the Collateral or the Agreement.
Tenant shall pay Otay, upon demand, the termination fee specified in Section
16(iii) of the Agreement.
d. loo prie~tgT or obli~at~on. 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
Agreement.
Telecommunication Facilities Agreement E~iibit A —page 2
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ATTAC~IMENT A. DEPICTION OF RESERVOIR FACILITIES
ATTACHMENT C. LEGAL DESCRIPTION OF THE PREMISES
Telecommunication Facilities Agreement E~cYiibit B —page 1
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LOCATION MAP
EXHIBIT B ATTACHMENT A
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All that certain real properly situated in the County of San Diego, State of
California, described as follows:
Parcel l a
That portion of Parcel 3 of Parcel Map No. 11418, in the County of San Diego,
State of California, filed in the Office of the County Recarder of San Diego
County, June 25, 1981 as File No, 51-199905 of Official FZecords, more
particularly described as follows:
Commencing at the Southwest corner of Parcel Map No, 11418, filed in the Office
of the County Recorder of San Diego County on April 7, 1977, said point also
being the Southwest corner of Parcel 4 of said Parcel Map No. 11418;
Thence North 88° 45° 23" East along the Southerly line of said Parcel 4, a
distance of 411.02 feet;
Thence North 01° 28' 00'° West along the Westerly line of Parcel 3, a distance of
161.32 feet;
Thence South 88° 32` 00'° West, 55.00 feet to the beginning of a curve, concave
Northerly and having a radius of 70 feet;
Thence Westerly along the arc of said curve Through a central angle of 36°14'
19", a distance ofi 44.27 feet to the True Point of beginning;
Thence leaving said curve North 22° 21' 14" East, 3Q.00 feet;
Thence North 67° 38' 46" UVest, 20.00 feet
°Thence South 22° 21' 14" West 23.27 feet to a point on a curve, concave
Southerly and hawing a radius of 85,00 feet;
Thence Easterly along said curve through a central angle 5° 38' 01'°, a distance
of 8.36 feet; to the beginning of previously described curve, concave Northerly
and having a radius of 70°00 feet;
Thence Easterly along the arc of said curve through a central angle of 10° 27'
0~°' a distance of f2.77 feet to the True Point of Beginn6ng.
•, _~,
All that portion of the Northwest Quarter of the Northwest Quarter ofi Section 9,
Township 17 South, Range 1 East, fan Bernardino Base and Meridian, in the
County of San Diego, State of California, according to Official Plat thereof,
described as follows:
Commencing at the West Quarter corner of said Section 9;
Thence Easterly along the East West centerline of said Section 9 North 88° 42'
East, 2021.20 feet!
Thence North 01° 09' 30'° East, 1379.06 feet;
Thence South 88° 51° 00'° West, 77.24 feet to the beginning of a tangent 200.00
foot radius curve, concave Northerly;
Thence Westerly along said curve 38.65 feet through an angle of 11° 04° 24'°;
Thence tangent to said curve North 80° 04' 36" UVest, 333.51 feet to the
beginning of a tangent 250.00 foot radius curve, concave Southerly;
Thence Westerly along said curve 167.00 feet through a central angle of 38° 16'
24";
Thence tangent to said curve South 61° 39' West, 52.08 feet to the beginning of
a tangent 125.00 food radius curve, concave Northerly;
Thence Westerly along said curve 134.72 feet through an angle of 61° 45°;
Thence tangent to said curve North 56° 36' West, 121.22 feet to the beginning of
a tangent 125.00 foot radius curve, concave Southerly;
Thence Westerly clang said curve 137.74 feet through an angle of 63° OS';
Thence tangent to said curve South 60° 16' West, 3Q.91 feet to the beginning of
a tangent 200.00 foot radius curve, concave Southeasterly;
Thence Southwesterly along said curve _39.85 feet through an angle of 11° 25';
Thence tangent to said curve South 48° 51' West, 45.25 feet to the beginning of
a tangent 125.00 foot radius curve, concave Northerly;
Thence UVesterly along said curve 212.57 feet through an angle of 97°26` to the
beginning of a reverse 130,14 foot radius curve concave Southwesterly;
Thence Northwesterly along said curve 131°17 feet through an angle of 57° 45';
Thence tangent to said curve South 88° 32' West, 41,72 feet to the True Point of
Beginning;
Thence North 01° 28` West, 53.68 feet;
Thence South 8~° 32' West, 275.00 feet;
Thence South 01° 28' East, 200.0 feet;
Thence North 88° 32° East, 275.00 feet;
Thence North 01° 28' West, 146.32 feet to the True Paint of Beginning°
Together with all that portion of Parcel 4 of Parcel Map No. 11418, in the County
of San Diego, State of California, according to Map thereof filed in the Office of
the bounty Recorder of Sari Diego County, June 25, 3.981, described as follows:
~egir~ning at the Nor'~hwest corner of Parcel 4 of Parcel Map No. 11418 according
to Map thereof filed in the Office of the County Recorder of San Diego County;
Thence North 88° 43° 41" East, tong the North line of said Parcel 4, 448052 feet;
Thence leaving said North line South 1° 16° 19°' West, 216055 feet to the
Northerly line of the land described to Otay MunicipaP Water District in Deed
recorded July 5, 1962 as File/Page No. 113885 of Official 62~cords;
Thence along the North line of said Otay's land South 88° 32' 00" West, 23.28
feet to the Northwest corner thereof
Thence along the West line and sts Southerly prolongation thereof South 1° 28'
00°` East, 204.13 feet to the Southerly line of said Parcel 4 and the True Point of
Beginning;
Thence retracing North 1° 28' 00'° West, 174.13 feet to a pint on a 29.08 foot
radius curve, concave Southerly a radial bears South 1° 28' 00" East from said
point;
Thence Westerly and Southwesterly along the arc of said curve, through a
central angle of 75° 00' 00" a distance of 38.07 feet;
Thence tangent to said curve South 13° 32' 00'° West, 63.04 feet to the
beginning of a tangent 60.00 foot radius curve, concave Easterly;
Thence Southwesterly, Southerly and Southeasterly along the arc of said curve,
through a central angle of 46° 38' 11°' a distance of 48484 feet to the beginning
of a reverse curve, concave Southwesterly having a radius 84°38 feet;
Thence Southeasterly and Southerly along the arc of said curve, through a
central angle of 31° 51' 34" a distance of 46.92 feet to the Southerly line of said
Parcel 4;
Thence along said Southerly line North 88° 45' 23" East, 25.00 feet to tt~e True
Point of Beginning.
Excepting from the first above described land, ghat portion described as follows:
Beginning at the Northwest corner ofi the Otay Water District Land as described
in Deed recorded July 5, 1962 as Fiie/Page No. 113885 of OfFicial Records;
Thence North 88° 32° 00" East along the Northerly line of said District Land a
distance of 275.00 feet to the Northeast corner of said District Land;
Thence South 1° 28' 00" East along the Easterly line of said District Land a
distance of 78.68 feet;
Thence departing from said Easterly line South 88° 32' 00" Vilest a distance of
55,00 feet to a point on a 110.00 foot radius curve, concave Northeasterly;
Thence Northwesterly along the arc of said curve, through a central angle of 46°
41° 27'° a distance of 89.64 feet to a point on a 45.00 foot radius reversing curve,
concave Southwesterly;
Thence Northwesterly along said curve through a central angle of 46° 41' 27" a
distance of 36.67 feet;
Thence tangent to said curve South 88° 32' 00'° west a distance of 107.21 feet to
a pint on the Westerly line of said District Land;
Thence North 1° 28' 00" West along said Westerly line a distance of 30.00 feet to
the point of beginning.
Farce! 3:
~a
Parcel 2 of Parcel Map No. 12607, in the County of San Diego, State of California,
filed in the office of the County Recorder of San Diego County, March 10, 1983
as File Flo. 83-077103 of OfFicial Records,
~. -
An easement and right of way for road and ufility purposes over, under, along
and across the Southerly 20.00 feet of Parcel 2 and the Northerly 20.00 feet of
Parcel 3 of Parcel Nlap No. 5672, in the County of San Diego, State of California,
filed in the office of the County Recorder of San Diego County, March 10, 1977.
Parcel C:
An easement for road purposes over the Easterly 40 feet of that portion of the
West Half of the Southeast Quarter of the Northwest Quarter of Section 9,
Township 17 South, Range 1 East, San Bernardino Meridian, in the County of San
Diego, State of California, according to the Official Plat thereof, described as
follows:
Commencing at the Northeast corner of the Southerly 440 feet of said West Half
of the Southeast Quarter of the Northwest Quarter;
Thence along the Easterly line of said West Half North 0°06'00" East 605 feet to
the true point of beginning;
Thence continuing North 0°06"00`° East to the Northeast corner of said West
Half;
Thence along the Northerly line of said 1Nest Half South 88°45'22" V~/est to the
Westerly line of the Easterly 633.52 feet of said V1/est Half;
Thence along said Westerly line, South 0°06'00" West to a Iine that bears South
88°42'00°' V1/est from the true point of beginning;
Thence IVor~h 88°42'00°' East to the true point of beginning.
Parcel D:
An easement for road purposes over the Easterly 40 feet of the Southerly 355.00
feet and an easement for road end utility purposes over the Northerly 20 feet of
the Easterly 633.52 feet of the Southerly 355.00 feet of that portion ofi the West
Half of the Southeast Quarter of the Northwest Quarter of Section 9, Township
17 South, Range 1 East, San Bernardino Meridian, in the County of San Diego,
State of California, according to the OfFicial Plat thereofi, lying Northerly of a line
described as follows:
Commencing at the Northeast corner of the Southerly 440.00 feet of said West
Half ofi the Southeast Quarter;
Thence along the Easterly line of said West Half North 00°06'00°' East, 250.00
feet;
Thence parallel with the Southerly line ~f said Northwest Quarter of Section 9,
South ~8°42'00" West to the V~/esterly lien of the Southeast Quarter of the
Northwest Quarter of Section 9.
Parcel E:
An easement far road and utility purposes over the Easterly 20 feet measured
between parallel lines, of the following described property; that portion of the
South Half of the Northwest Quarter of Section 9, Township 17 South, Range 1
East, San Bernardino Meridian, in the County ofi San Diego, State of California,
according to the Official Plat thereof, described as follows:
Commencing at the Northeast corner of the Southerly 440.00 feet of the UVest
Half of the Southeast Quarter of said Northwest Quarter;
Thence along the Easterly line of said West Half North 00°06°00" East 250.00
feet to the most Easterly corner of the land conveyed to Henry C. French, et ux,
by deed recorded .7une 27, 1968 as Document IUo. 108539 of Official Records;
Thence South 88°42' West along the Southerly line of said lard, 1073 feet, more
or less, to the Northeast corner of the land conveyed to Henry C, French, et ux,
by Deed recorded May 13, 1970 ~s Document No. 8235 of Official Records;
Thence Southerly along the Easterly line of said land to a point on the Northerly
line ~f the Southerly 440 feet of the Northwest Quarter of said Section 9, being
also a point on the Southerly line of the land conveyed to Donald G. Xaufman, et
ux, by Deed recorded March 20, 1964 as Document No. 51107 of Official
Records;
Thence Easterly slang said Southerly line, being also the Northerly line of the
said Southerly 440 feet to the point cif beginning°
An easement for road and utility purposes over the Easterly 40 feet of the
Southerly 240 feet of the West Half of the Southeast Quarter of the Northenrest
Quarter of Section 9, Township 17 South, Range 1 East, San Bernardino
Meridian, in the County of San Diego, State of California, according to the Official
Plat thereof°
An easement for road and utility purposes over the Easterly 40 feet of the North
176,00 feet of the Socath 4 0.00 feet of the West Half of the Southeast Quarter
of the Northwest Quarter of Section 9, Township 17 South, Range 1 East, San
Bernardino Meridian, in the County of San Diego, State of California, according to
the Official Plat thereof.
Parcel H:
An easement and right of way for road purposes over, along and across those
certain strips of land delineated and designated on Parcel 2 and Parcel 4 of Parcel
Map No. 5784, in the County of San Diego, State of California, filed in the office
of the County Recorder of San Diego County, April 7, 1977 as File No, 77-128290
of Official Records, as ~~Proposed 40 foot Private Road Easement'° and '°Proposed
Private fZoad Easement,"
Parcel I e
An easement and right of way for road and public utility purposes over, under,
along and across a strip of land 40 feet in width, lying within the Northerly
Quarter of the Northwest Quarter of Section 9, Township 17 South, Range 1
East, San Bernardino Meridian, in the County of San Diego, State of California,
according to the Official Piat thereof and said Parcel 4 of Parcel Map No. 578;
said 40.00 foot wide strip of land lying 15.00 feet Northerly, Northeasterly,
Northwesterly and Westerly and lying 25,00 feet Southerly, Southwesterly,
Southeasterly and Easterly of the following described line°
Beginning at the Northwest corner of said Parcel 4:
Thence North 88°43'41'° East, along the North line of said Parcel 4, 448.52 feet;
Thence leaving said North line South 1°16'19" East, 216.55 feet to the Northerly
line of land described to Otay Municipal Water District in Deed recorded July 5,
1962 as File No. 113885 of Official Records;
Thence along the North line of said Otay's land North 88°32'00°° East, 251.72
feet to the Northeast corner thereofo
Thence South 1°28°00" East along the East line of said Otay`s land, 53.68 feet to
the true point of beginning of herein described line;
Thence south 88°32°00°' West, 55,00 feet ~o the beginning of a 85.00 foot radius
curve, concave Northerly;
Thence Westerly and Northwesterly along the arc of said curve through a central
angle of 46°41°27„ a distance of 69.27 feet to the beginning of a reverse curve
through a central angle of 46°41°27" a distance of 69,27 feet to the beginning of
a revere curve having a radius of 70.Q0 feet concave Southeasterly;
Thence Northwesterly and Westerly along the arc of said curve through a central
angle of 46°41'27°' ~ distance of 57.04 feet;
Thence tangent to said curve South 88°32'00" West, 107.21 feet to the
beginning of a tangent 54.08 foot radius curve, concave Southerly;
Thence Westerly and Southwesterly along the arc ~f said curve through a central
angel of 75°00'00'° a distance of 70.79 feet;
Thence tangent to said. curve South 13°32°00°' West, 63.04 feet to the beginning
of a tangent 85,00 foot radius curve, concave; Easterly thence Southwesterly,
Southerly and Southeasterly along the arc of said curve through a central angle
of 46°38'11" a distance of 69.19 feet to the beginning of a reverse curve having
a radius of 59.38 feet concave Southwesterly;
Thence Southeasterly and Southerly along the arc of said curve through a central
angle of 31°5l'34'° a distance of 33.02 feet to the Southerly line of said Parcel 4
and the end of herein described line,
The sidelines of said 40.00 foot wide strip are to be prolonged or shortened in
the east on the Easterly line of said Otay's land and in the South on the
Southerly line of said Parcel 4 of Parcel Map No, 5784.
Pa rce! J
An easement for road and utility purposes over the Easterly 40 feet of the North
24 feet of the South 264 feet of the Nest Half of the Southeast Quarter of the
Northwest Quarter of Section 9, Township 17 South, Range 1 East, San
Bernardino Meridian, in the County of San Diego, State of California, according to
the Official Plat therein.
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Easement Requested? 3 Yes q No
Easement Granted? 3 Yes q No
If Easement granted, complete the f~ll~sving anforrraatioa~ (if reeordang requested, format
appropriately and attach copy of ~r►strurr►ent ~f record)°
For good and valuable consideration, receipt of which is hereby acknowledged, the Otay
Water District, as Grantor, hereby grants to 1Vew Cingular Wireless PCS, LLC, a Delaware limited
liability company, as Tenant, an 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 of the
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, maintenance and operation of such power lines, transmission lines and other
communications lines and accessories as required to efficiently operate Tenant's communication
facilities on the Premises as previously approved by Grantor. Following initial installation, Tenant
shall not have a right to trench or excavate to repair, modify or replace any approved items without
Grantor's prior written consent.
The Easement shall autonaatacaliv terr~ainate on the earlier of thirty (30) years from the
date hereof ar the day the Agreement is terraaflnated foa° any t°eason. On such date, the Easement
shall become unenforceable and, for all purposes, terminate, whether or not a termination or
quitclaim is recorded.
Grantor reserves the right to use the lands that are subject to the Easement in any manner and
for any purpose that does not materially interfere with Tenants use thereof.
(Jrantor 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 wath Grantor's use of
the Property.
Tenant shall defend, indemnify and hold grantor and its elected and appointed officials,
officers, agents, employees, and volunteers free and harmless from and against any and all losses,
claims, liabilities, damages, actions, causes of action, costs and expenses including attorney's fees
and costs of court, and injuries, including personal injuries or death (collectively or individually,
"~,osses") arising out of or in connection with Tenant's access to, installation, occupation, use,
operation, maintenance or repair of its Facilities at the Premises, except Losses directly resulting
from the willful act or misconduct of Grantor. This indemnity provision sha11 survive the expiration,
cancellation or expiration of this basement.
Telecommunication Facilities Agreement Exhibit C —page 1
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Attachment A. Depiction of the Telecommunication Facilities
Attachment ~. Permits
Telecommunication Facilities Agreement Exhibit D —page 1
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Decisi~r~ ~f the air~ctc~r Q~pa~tment cif F~lar~r~i~ end L~r~d 1 ~s
on ~Vlin~r Deviation fr€~rr► ~'lo~ i~#an
i~ajc~r ~Jse Perr~ni~ Minor Devi~~ tin P~8-Q09rr~'
revised p ct ~#a€~ rated ~7e~emb~r , 20 9, vas s~~imi~te~( y Ci s. Oren Adfer fc~r ~
"[~1 nc~r ~e~i~tic~r~'° frc~ p~c~~ pE~n approved ire ~~rt~t~~t csr~ with tVl jc~r U~~ Perrn~t ~'0~-~1~J
ft~r ~n ~ntn~r~n d wi~eles~ #eleco rn~nicati~n facility. "' ~ p~fic~n~'~ re ue~fi ~s to r~-
fc~~at~ ~€c~~r partei nt~;r~nas ftcam the ~~s~~rn rya er' tank to the ne~v{y built third f~r~€~ to
the ~c~ ~h, fro dditi~n~i c~~~r~ges tc~ the c+t~ r antenna loc~fic~ras r~r equsprr~ent encic~sure
r~ rr~p~s~c~. T ~ ~src~p~r~~ is Iac~~ted a~ 't3~~~ B ar PJlounta r~ ill~'~y in the ,~~mu~ area
i~ the A7~ {~im~ e~€ ~ ri~u~t~ira~~ L~~r~ Use ~ gul ~ic~ .
i ~~ord~nc ~vi~ ~~f~n 76D of TF~~ ~or~ing C7~c~r~~r~c~k ~F~ ~rtr~r ~~` f
~~~.~rn~~~ of l~r~r~~rg and ~.~r~d Use ~r~r~~ay fit~c~s t3~~t ~h~ pr~pcsse ~n~r C}e~iai~n
t~~ n~~ ~c~nstitut~ ~ s~tbst~r~~i~l c ang~ i~~ ~ ~~~r ~1~ Perrr~ art ~I~d~~t s iii
Dev~atii:~ '~=i~~ n~~ ad~rers~~y f~~~~ ~r~j~ ~,7fi ~?c~~~?~r~y ~r ~dj~:~er raper# c~~~r~er~, end
~ pr~a~~ sa~ti~ ~ii~;~.,r ~evi~~i~t~ ~s ~~' r v~~~d Scat ~d r~.
~t~ is ,~ nce ~; Ch's permit tai ~un~y cif n ~~~g~ dc~ s n~~ a~#h€~ri~e I~
pli~~nt fir ~ i~ ~r~r€a~i~ tc icy ate r~ F~~.~~~~I, t~~e r ~o~zr~ty 1~+~~ r~~~ir~~n e :
r~ latic~r~~ car ~ i~i~ ir~u6u ire ,but r~ca f~mit~~~ ~~ t~~ ~~~er l nc er ~ ~~; ~i ~~
cif ~ ~ any ~m~ :d r~ ~ ~ r tc~ X16 ~l. ,C~. ~ti,~r~ 1 ~ ~ seq.}:
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~CC~~ to the satisf~~ct ~r~ t~f tote ~€r~cit~r of PubE ~ Vl~~~ks.
~, S brr~i~ ~vid~~c~: t~ ~ e s~ti~ et ~ o~ ~F~~ ~ ct~~ ~ P an i c and ~.~nd
6~s~ {Building L~ivision~ that ~~l "F'ric~r to use car ~}cc~p~~c~„ cc~ndit €ins B.1
B.~ ~f fi i~ agar t~s~ emit irav~ been panted can ~ sep~~a~~ si~z~et c~
a. T(~~ conditions sh~11 e r'sr~t~~! ~r~ ~ s~p~t'~t~ s e~~ ~f the~. ~~~~ a
b. 1"he C~irect rs of ~ublic'~`Jarks ter P ~nnEn anti L~r~d Use rr~ay
tnraive #his ~odi~~it~ tc~ ~I[t~~ ~h~ issanc~ c~~ ~ ~'~dir~g p~rii.
The r~quir~ment shill e rr~et b~fc~re the ss~~nce of any
'uifin ~rrtm~f.
F rr~is~ the E~ire~t~r c~~ Plat~~ing ~r~ n Ise a ~~t~er from the ~irec~o~ ~f
the ~e ~rEm~~~ of I~~z~fi~ ~iVorks ~ta~ing ~vr~ itions A.~ ---A. f~~v~ b~~n
r~rriplied ~ritt~ to #fat Qe~~~mer~t's s~ti~f c~i~ct.
B. Prier 4c~ ar~y c~cc p~r~cy or ~€~e c~ ~t~e pr~rnis~s p~€rs~rar~t tt~ hip ill jar t1s~ ~~r~nif,
the ppli~ rat sh I(:
,4~~~~r€ze ~P f' ~.i~~t ~, ~d~~a~ic~ ~e~ brae ~s tie ~~~ ecf 3to ~~e Sin ~} ~gc
c~ my Street l~~i htir~ ~istr~~t. ~f~er appr v~l f tine rc~ pct, tl~e pro arty
sh~f! be trar~sf~rr~~, wit cut notice or ea~i , fi€~ Beane °'~1„ ~sf tl~e San
~ie~a ~~~r~~~ tr~~2 l:~i~~ ~3~zr~~~. T~ a~di~!~~ ~~~6 }, ~-~ r~~s~ ~
process t ~~ pres~ec~ b~ ' skirt a rr~~r~imt~~ ~i~ps~~i ~t the La€~~
de~re~ca+rr~~n~ ~t~~ar~~~r ~~u~~.
rn~ ~(~e ~ rect€~r ~f Rl~rsr~ir~ aid Land use, ~lor~ i~ t sir re~u~~t
far ~r~6 r~~~ei~r~, ~~t~r~ r~:~~r s~~ [~a~r~r°i ~ ~bii~ ~ri~, ~~~~~
~~r~ ~~i~n~, ~:1 a~ ~~~t ~ ~a ~t d fits ~haf t ep~rfirr~~nt's s tis ~~i~r~:
~reiv~d~ hot ~p i~ e~vi~enc~ t~ fi~~ I~ r~~t~r cif ~~~nr, ng ~r~~ e nd Usk
ti~a c~~rr~n~~r t~s tt~~ panel ~€~ter~r~ s, ~quiprr~e~~ sh r and
l~~dsc~~s c~~ r ~r~t~~l acc~r~ir~c~ ~ €~ ~pr~~~d p~~~ ~a~r~ t~ ph~~~-
sirn~a~a~ ins fi nd rid r ~~jr~r t1s~ ~'ermit F'0 -~0 _
~+. F'ay tie la gar Use P~rr~it c~mpf ~r~~~ ins ec~i~r~ ~ as specified ~}~e
f~~'~ fee ~-dir~ r~c~ a~ Sect ~ 36 oaf ~ ~ r~ ~i~g~ ~a r~~y
~~~n~~€~t~~f~~:~,~ ~~ e. " ~ f6~ ~'fE e ;d ~ ~ ° U sir; ~~;a~~ ~
~i~ ~'.r;.i'~iG±Y~ 7i~ii K~.ii~v .~3v3 ':~t~.a °sai° Kai ~~i~~ii~~~:iaa ~vi G~.aii ie~i e°~~~ 9iJ~`ua ~s i~~.rii
v~°it ~h~ ~~n~y ~~rr~ ~~ili~r~~~ C~~~i~t~~~r tc~ ravivv ~I~e ~n-~~ir~g
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~~. AEI equiprrren~ cab nets sha![ display a 1~ i le ~ ~r tar's cc~n~act number
fc~~ r~pcar~r~q rr~inte~an~~ ~~~bP~s.
'11. X11 ~vi~ l ss c rr~~rs whoa ►nt~; rd t~s a~a~ can ar ~s~~ar~t€ ~a~: e ~~ c~~ ~~~
v~ir~l~ss f~i~:amrn~rt~~tion ~acli#y s~a~6 ~tify tt~~ C~ur~ty ~f s€~ch
~i`i[~Yiv+~ ~iC'i I~~~ $iia~ ~7~1 ti~~!~ ~'sCt~a" i~ i~a~ ~i6c€j Ca`~~ vi i.€~.
'1~, tl~lira(r»~ t~~arnmrraa~nrr~~irta^; °~a~~~i~j~c ~rit:E~s ~tet~ t~~rr-sr;firsr;~~Ar3 shall I~,.~.~.,.~ ...~ _ ....~.,.W ....,~~.., ~.,...>, ~,...
c~r~sider~d ~bar~~c~n d ~ Sys foll~win~ fh~ fin~1 d~~ ~f use.
13. A!1 ~band~~~~f fac~lit~s shy(! be ~hys~calfy r~ ~ved ~ the facility o~~tn~r
r~c~ inure ~i~~n ~0 days f~lfow~ng the final eta t~~ use ar det~rrn~n t c~r~ that
t~i~ facility a~ k een abandoned, v~+hiche~r~r ~c~u~s first.
~4. 'k~~ ~a~~~y reserves the ri ff t~ ramous any a~il~ties t it are abandaned
for mc~r~ t~rar~ ~t~ days ~# t~i~ expense of the fac [it}r owner.
'~~. An~r ab~r~c~or~~d si~~ shah r~s~~~ tc~ its natural crr forrr~e~ ~~ndit€ors.
radi~g and ~~r~ds~~p r~c~ i~ ~c~~~ ~r~~ciit ors may amain.
1~. €~rs~ frr~m ~n ~ u;~m~~t s art €~ ~ ~ f ~ € h~li r~°ie t the
4~Lf [}\\all li..k fs7 4t.1 Ci i4 i+>'S.D i.Ni~k~ ~4./.~~~ Y.,1i ~~€i~~Vk.. ~kt T.dA7 QY~,r ~~~~ ~~tdi~~
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~17. ~~quprr~er~ ca~n~s and atenn ~trc~urea h~l ~c~ar~d ~t~ pr~?~F~~t
€~ahc~rized a~~~s~:
1 ~rr~p1~ vvi i! ~ 1 ~ l ~ ~r~rnv~a~ r rag tip ~ ~ ail time. 3~ie
ac~i~~iti~~ propc~s~~ ~a ~~r this ~~ap~~cat~c~n ~r~ s~bj~~t c~ ~nfcsr~er~~nt
~~r ~€~rmits from ~I~e ~ar~ 7i~;ci Rei~~~l V~I~ter Q~rality ~~ntr~l ~3or~f
~ 1ttl~~~~j ar~d ~#~~ ~.~a~~~~ cif r~ ~i~ ~ Vtl t~~she~ ~'~ot~~tiari,
~~oF9r~~vv~tr t~l~na~~ri`~E~~t, ~~d ~ich~re ~+~r-~t,~e' ~;3rc,i~~r~c~ (~~rit~
~, ~~ } ~;n X11 ~t ~ r pp[~c e car inanc~~~ -;~3%~~ sfi~r~ciarc s. `I"fa ~
in~E~c;es ~:g~€r~~~~ ,~r ~ ~s~~ l~n~~ d~vel~m~r~ {I,.,~~~, ~~-~~~~~r~[s ~i~c~
sips e;on rr~~, ero~ian c~rr~ c~i, ar~d ~e meet cc~~ t~c~l cap ~~~ ~~~~~c~ e.
Pr~a ec~s f~~t invc~ ~~ ~-eas 1 c~~ ~r t~r~~°ker ~~ ~ r~ that the r€~ rte+
avvr~r ~C~~ €~ditior~~l ~n ~~a~te ~nf~rr~~i~n ~ar~~i~ c~~~rnir~c
s#~rmv~~ter r r~~ff. This re uirem~r~ ~ha (b t~ #h~ ~ his apt c~~ Q ' t ~
~irec~r ~f P~~fic V~rk.
"19. T ~ cc~jec~ s~~{~ c~ rrn t~ the raved (cat i r~~s): ~ ilure tc~ coy#c~rrn
~C ~ ~''r~~,ra'~ 0{~~ ~°~~:";~~~Z !!~ ;l $.;'l~~dyi~'i.~t r A £aa ~ 3 a ~ rnca 14
eii ~ii~i~v ~~~v¢4t~u~si c~nani~~~i-~LiL~aauuriR cV a~..~Yi~~~ v~v.~{ii[~sieU~ ~.~4iL~vie~J ~t'4£ al ~u~~~.t,
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I.' _"- 1~~"f~s.~~~~~§F's '~.)~~"~i?L+t ~'_ ~~.-:`~spS:d }'Dk:~"'f ~~~~~~I A.. ~_!:•~.-..ra-.~ ,il;.~ -_ _... C4~r. a..: {'-.... .. »~.
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{~armar~y in sea(e, bea k, cc~veea e, end density
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Tl~~ ~~zb~ect parcel is ~lev~lop~d with tvirc~ vv fir tanks end tvuc~ w ~~less
fie~r~r~~,'Cy'?a?1x~?'?#G~tj~.,?i ~~~?~.~I°~. ~~~ ~~'~r~n~~~# t~~±~~nP':~~'~!'!'~It~cc
telec~mrriunECaf~~r~ a~tl~ty Nnclude~ tw~~~~ {~2~ cartel anter~n~s tai vvt~i b~
t~ur~ted tin tie ~nr ~~r ~~r~~C l~c~t~ wi#hire t ~ e~s~err~ ~c~r~ion cif tie
i~~p~r~y and assoc~at~d eight-feat equ pm~~t ~h~~ter: Photo
s~r~u[~t cans o~ ale ~+rit~i M~i~~ Use 'eras t ~'E~~- ~~ {1~tt~~~m~r~~ 1
ili strati ~~~~ the ~~~~se€ v~~reless #e3ecc~mr ur~icat can facility and
ass~~i to ec~uipmen~ shelter are ~ir~~b~ru v~ ~~ the surrc~ursdinc~
viev~shed. The view from the r~r~ur~di area. ~iil~ b~ ~r~tinimizeci be~a~se
~i~~ project is ~a ste~i~ f~c~~€ty as the panel antennas i[ b~ m~unte~ ors
and p~in~eci ~r r~~tc~ ~~e e~fiing ~~va~er tank. A,ddi~~~~ly, h~ ~fi1J ~I~c
uv~l vvifl be screened ~ ac~ditio~~i ~andseap~c, ir~cluin~ tFtree t7(e~d~r
s ►bs. The roj~~t is carr~p~fii l~ rich ~~ac~~ t uses i~ t~cros o s~al~
aria ~ui~ ~ec~:~se c~~ tt~e s~~~it~ sign. h~r~~~re, ~ ~e prc~~ecfi wiil r~o~
su s ~n# aiiy in~rea~ t ~ scale nci bulk ~f ~ ~xi~ti ~~ru~tur end
resui ~t~ ~tec~ative it pads to ties ~r~urac ir~g roper~ies.
•
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~~ ~ pyr e? ~h~t is ~~i~~'u~ed ~~~i~h ~n,7:~ v~f t°= ~~~ ~ ~n fia~~~ ~r~€ele
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telece~rxtmn~cats~ f~i~c~itj~ vvi~l r~~~~ ~pprxi€r~~t~?~ ~~~ s~~r~~~~f~e ~{~s
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~ l~ tie size c~ €c~c ~i~n ~~ tt~~ r~r~~cs~c± ~~r~~r~~~r~, i~~ s~~a ~r ~ e
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~ car~~~stenf i~ terms €~f cc~ver~c~e o~ thU ~~z ~ ~ r~c~~n ;~~e~ end ~vt;l nc~t
C~~~r~sii~~: Thy rc~j~ct `os ~ 11~~~~r Ise Perr~~it fcar tf~ a€~~hs~r~~~i~r~ cif
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sub~ec~ ~ ~3e~~y,
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~~it ~ r~ri~~ pr~~i ~ y the ~~~~frar ~ ~?e~ rent ~f Fires#~y ~ ~ Fir
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~ .(38 acres ire size i de~rei~p ~ F~ ~cess ~r~ ~i~ity s ~vic
a~ie ~~ ~ ~c~ sir ~ tie pra~~s~d use. ~'he ~n~~~lf~~ior~ ~f the
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t , 1
TYPE MEETING: Regular Board MEETING DATE: June 1, 2011
SUBMITTED BY: Mark Watton, W.O./G.F. NO: DIV. NO.
General Manager
SUBJECT: Consideration to Nominate Representative to San Diego Local
Agency Formation Commission (LAFCO)
i ~ ,~. ~
That the Board of Directors nominate Director Gary Croucher to
the San Diego Local Agency Formation Commission°s (LAFCO)
Special Districts Advisory Committee and consider nominating a
District Representative for a Regular District Member on LAFCO°s
Commission.
~~i/~~i~Zi~`~~i
To bring to the Board of Directors attention that LAFCO is
requesting nominations to fill a Regular District Member seat
and nine (9) positions on their Special Districts Advisory
Committee (please see Attachment B).
• c' ~ ~
Please see Attachment A.
The terms of a Regular District Member seat and eight positions
on the Special District Advisory Committee are expiring in 2011.
A ninth position on LAFCO's Advisory Committee is currently
vacant with a term expiring in 2012. The LAFCO commissioners
and Advisory Committee members serve four-year terms and LAFCO
is soliciting nominations for representatives to serve the next
four-year terms (through May and October 2015 respectively) and
the unexpired term of the vacant Advisory Committee seats
The Board may nominate a board member representative for the
Regular Member seat, LAFCO rules indicate that nominees must be
a District officer, but cannot be a member of the legislative
body of a city or county, Advisory Committee nominees may be
either a District officer or staff member, but may not be a
member on LAFCO and the number of candidates and members of the
Advisory Committee representing the same agency shall be limited
to ones Director Croucher is an incumbent of the Advisory
Committee whose term will expire in October 2011 and he has
expressed interest in being reelected to his seat on the
Advisory Committee, Attached is his nomination form which will
be will be submitted to LAFCO upon the board's consideration
(Attachment C)e
The deadline for submitting nominations is June 3, 2011° Voting
instructions and ballots will be mailed by LAFCO on August 26,
2011,
~er~ral. °Hager
SUBJECT/PROJECT:
~ PO~asH~~'~~
qtr , a 0~
hG~q~,~R D,S~Q,`
~ ~ ~.
Consideration to Nominate Representatives to San Diego
Local Agency Formation Commission (LAFCO)
r ~ •
The Finance, Administration and Communications Committee is
scheduled to review this item at a meeting scheduled on May 18,
2011° This attachment will be updated with notes from the
committee°s discussion at that meeting.
~~ ~~~ 1600 Pacific Highway •Room 452 •San Diego, CA 92101
~~~~~ ~ ~--_f 619 531-5400 •FAX 619 557-4190~ ) ~
San Diego Local Agency Formation Commission Website: www.sdlafco.org
., ~
Carl Hilliard
Councilmember
City of Del Mar
vice Chairwoman TO: Independent Special Districts in San Diego County
Dianne Jacob FROM: Executive Officer
County Board of
Supervisors Administrative Assistant
PViembers SUBJECT: Cal! for Nominations to the Local Agency Formation
Commission and the Special Districts Advisory Committee
Bill Horn
County Board of
Supervisors Nominations are being solicited for one alternate district member position
Bud Pocklington ~r1 the Local AgeI1Cy Fo►-mation Cot1'lmissio~ (LAFCO), a~td title
South Bay positions on LAFCO's Special Districts Advisory Committee. The
Irrigation District ~eadlin~ #or receipt of a91 nominations as Jane 3, 2011.
Mark Lewis
Mayor
City of EI Cajon LAFCO commissioners serve four-year terms. The term of the incumbent
LAFCO ~Iternate district member, Jo MacKenzie, uvill expire in May
John Ingalls
Santa Fe 2011' hOWevel', She Cat1 Colltitlue t0 SeNe until CotlClUSio1'1 Of ~he
irrigation District election/installation proceedings. Ms. MacKenzie has indicated that she
Andrew L. Vanderlaan will seek reelection to the alternate LAFCO position. The new term of the
Public Member alternate district member position will expire ire May 2015. LAFCO
LorieZapf regular and alternate district members must be special district officers
Councilmember who reside within Sin Diego County, bu$ may nOfi be tl~tembers of the
Ci4y of San Diego legislative body of a City or Coui~lty.
Alternate Members
The advisory committee consists of 16 members elected to four-year
Greg Cox
County Board of terms. The terms for eight of the positions will expire in 2011 and there
Supervisors is one vacant position with a terra that expires in 2012. The terms of the
Sherri Lightner eight COmmi$tee members elected in 2011 to fill four-year fierms will
Councilmember expire in October 2016. The ninth position will serve the remainder of a
City of San Diego term that expires in October 2012. It is not known at this time whether
aim Janney incumbent advisory committee members whose terms expire in 2011 will
Mayor
City of Imperial Beach seek reelection. Please note the follOwil~g tlomin~tiotl restl~iCtions: (1)
members of LAFCO's advisory committee may be eifiher a district officer
Jo MacKenzie
Vista {rrigation Distric4 or staff rraember, but may not be a member on LAFCO; (2) the number of
Harry Mathis candidates and members ofi' the advisory committee representing the
Public Member s2~me age~lCy shall be limited to one. !~ list of incumbents is attached
(tta~hrnent 1~.
Executive Offacer
After LAFCO and Special Districts Advisory Committee nominations are
Michael D. Ott received by JuI1e 3, 2011, it is anticipated that a candidate's forum will be
COU11Se6
Thomas Bosworth 1
held in August 2011, in conjunction with the California Special Districts Association
(CSDA) Quarterly Dinner.
Execufiive Officer
Local Agency Formation Commission
1600 Pacific Highway, Room 452
San Diego, G,4 92101
Ali nominations received by the deadline will be reviewed by a nominating committee.
The nominating commitfee's report and copies of all nominafiion forms submitted will be
included with the ballots and voting instructions. These materials will be mailed on
August 2, 2011.
'~ -~! • r • -• s- • s• • rr
have any questions regarding this letter.
MDO:trl
Attachments (3)
No. 1: List of Incumbents
No. 2: Nominations/Resume Form
No. 3: Acknowledgement of FZeceipt Form
~~,.,. , ~ :..
~ ~~~
r
E
r . •' t ~
t
Jo (ViacKenzie
~fista Irrigation District May 2, 2011
The term of the alternate member expires on May 2, 2071, but the incumbent may continue to
serve until conclusion of the election proceedings.
Gary Croucher (Otay Water District)
Judy Hanson (Leucadia CWD)
Larry Jackman (San Miguel Consolidated Fire Protection
John Pastore (Rancho Santa Fe CSD)
Tom Pocklington (Banita-Sunnyside FPD)
Jim Poltl (Vailecitos 1Nater District)
Teresa Thomas (South Bay Irrigation District)
~Cimberly Thorner (Olivenhain 1Viunicipal Water District)
October 21, 2017
October 21, 2011
District) October 21, 2011
October 21, 2011
October 21, 2011
October 21, 2017
October 21, 2011
October 21, 2011
Gary Arant (Valley Center MWD)
Ron Fuller (Alpine FPD)
Douglas Humphrey (Resource Conservation District of Greater SD)
I~argarette Morgan (Vista Fire Protection District)
Augie Scalzitti (Padre Dam Municipal Water District)
Dennis Shepard (North County Cemetery District)
Diana Towne (Rincon del Diablo MWD)
\/acant
October 19, 2012
Octaber 19, 2012
October 19, 2012
October 19, 2012
October 19, 2012
October 19, 2012
October 19, 2012
October 19, 2012
• ~ '. ~ ~
l~~
!'
(Authorized Signature)
i ~ ~ ~ •
t ~ •
Date Received by LAFCO
9VIItVATED ~Y: Otay Water District
PJAE F OI~IIdEE: Gary Croucher
Address: 2554 Sweetwater Springs Bivd., Spring Valley, CA 91978
Phone: 619-670-2280
DlSl"RiCT EXPERIENCE: Mr. Gary Croucher was appointed to the Board of the Otay Water
District in June 2001 by the SD County Board of Supervisors and following his appointment was
elected three times to the Division 3 seat in November 2002, 2006 and 2010 for four-year terms.
Mr. Croucher has served as President of Otay's Board of Directors three times and has served
as one of the District's two representatives to CWA since July 2001. He is chair of Otay's
Finance Administration & Communications Committee, is past chair of its Engineering,
Operations &Water Resources Committee Employee Negotiations Ad Hoc Committee and
serves as the alternate representative on the Water Conservation Garden Authority's Board of
Directors. As a member of CWA's Board of Directors Mr. Croucher is co-chair of its
Administrative &Finance Committee, has been reappointed several times to its Legislative,
Conservation and Outreach Committee and Small Contractor Outreach and O~ortunit~
Program Committee. He is also past chair of CWA's Imported Water Committee, a past member
of its Colorado River Programs Committee and Conservation Ad Hoc Committee, and past 2nd
Alternate to SANDAG. Mr. Croucher is also a past vice chair of CSDA's San Diego Chapter.
LAFCO EPERIEtdCE: Mr. Croucher is currently vice chair of LAFCO's Special Districts
Advisory Committee and served as the alternate for Fire Chief Augie Ghio on the LAFCO Task
Force on Fire Protection and Emergency Medical Services. He also participated as a Board ofi
Director with the LAFCO Municipal Service Review and has experience at the employee and
staff level serving on two (~ separate successful Special District Consolidations which were
requested by the agencies.
ADDBTI NAL INFORMATION: Mr. Croucher is supported by both Water and Fire Districts and
is endorsed by outgoing LAFCO Regular District representative, Mr. Andv Menshek.. Mr.
Croucher is a long-time fiirefighter in San Diego and a resident of Springy Valley. He is the
Division Chief for the San Miguel Consolidated Fire Protection District and during his 26
career as a firefighter has moved up the ranks from Firefighter, Engineer, Captain and Battalion
Chief to his current position as Division Chief. He has also been recognized for numerous
achievements including being named Employee of the Year and served as the President of the
Executive Board of Directors for Southern Area Fire Equipment Research (SAFER) in 2004.
(Authorized Signature)
P,ttachrnent 3