HELIX WATER DISTRICT Setting Standards of Excellence in Public Service AGENDA REGULAR MEETING OF THE BOARD OF DIRECTORS Wednesday, February 17, 2016 - 2 p.m. 7811 University Avenue, La Mesa, CA 91942-0427 Assistance for those with disabilities: If you have a disability and need accommodation to participate in the meeting, please call Board Secretary Sandra L. Janzen at (619) 667-6232 for assistance so the necessary arrangements can be made. OPEN MEETING 1 . Call to Order Call Meeting to Order and Roll Call 2. Invocation Invocation and Pledge of Allegiance - Director Linden 3. Agenda Approval Approval of Agenda (Additions and/or Deletions) PUBLIC COMMENTS 4. Public Comments Opportunity for Members of the Public to Address the Board on any Item under the Subject Matter Jurisdiction of the District Public Comment Procedure: This is the time set aside for those wishing to address the board on matters not on the posted agenda which are under the subject matter jurisdiction of the district. No action may be taken by the board except to set the matter presented for the next regular board meeting. State your name, topic and provide the secretary with a request to speak form so you can be properly included in the consideration of the item. Please limit your comments to three minutes so all who wish to speak can be heard. The board is not permitted during this time to enter into a dialogue with the speaker.
Transcript
HELIX WATER DISTRICT Setting Standards of Excellence in Public Service
AGENDA REGULAR MEETING OF THE BOARD OF DIRECTORS
Wednesday, February 17, 2016 - 2 p.m. 7811 University Avenue, La Mesa, CA 91942-0427
Assistance for those with disabilities: If you have a disability and need accommodation to participate in the meeting, please call Board Secretary Sandra L. Janzen at (619) 667-6232 for assistance so the necessary arrangements can be made.
OPEN MEETING
1 . Call to Order Call Meeting to Order and Roll Call
2. Invocation Invocation and Pledge of Allegiance - Director Linden
3. Agenda Approval Approval of Agenda (Additions and/or Deletions)
PUBLIC COMMENTS
4. Public Comments Opportunity for Members of the Public to Address the Board on any Item under the Subject Matter Jurisdiction of the District
Public Comment Procedure: This is the time set aside for those wishing to address the board on matters not on the posted agenda which are under the subject matter jurisdiction of the district. No action may be taken by the board except to set the matter presented for the next regular board meeting. State your name, topic and provide the secretary with a request to speak form so you can be properly included in the consideration of the item. Please limit your comments to three minutes so all who wish to speak can be heard. The board is not permitted during this time to enter into a dialogue with the speaker.
Regular Board Meeting Helix Water District Wednesday, February 17, 2016 - 2 p.m. Page2
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code §54956.9(d)(2) Number of Cases: 1
This item relates to Item 5 e) on the consent agenda, rejection of claim by Case, Ibrahim & Clauss, LLP, Law Firm on behalf of Kaveh Engineering & Construction Inc.
B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code §54956.9(d)(2) Number of Cases: 1
CONSENT AGENDA
5. Consent Agenda (Acted on as One Item Unless Withdrawn by Request of a Board Member or a Member of the Public)
a) Ratify Checks Operating Account Checks Submitted for Ratification:
i. List Dated February 2, 2016 ii. List Dated February 9, 2016
b) Per Diem Claims Memorandum Dated February 17, 2016, from the Board Secretary Submitting Expense and Per Diem Claims for Approval
c) Minutes The Board Approve the Minutes of the Regular Board Meeting of February 3,2016
d) Attendance Consideration The Board Approve the Following Attendance Consideration: i. 2016 Legislative Symposium
March 9, 2016 at 9 a.m. Sacramento Convention Center
Regular Board Meeting Helix Water District Wednesday, February 17, 2016 - 2 pm. Page 3
e) Reject a Claim The Board Reject a Claim in Whole Filed by the Law Firm of Case, Ibrahim & Clauss, LLP on Behalf of Kaveh Engineering & Construction Inc. in the Amount of $172, 713.98 for Additional Cost Allegedly Incurred During Construction of the Large Valve Replacement Project Fiscal Year 2013-14, Work Order 3998
f) Reports The Board Receive the Reports for the Month of January 2016:
i. Claims Report ii. Treasurer's Report iii. Budget Summary iv. Rainfall, Use and Storage Report v. System Demand vi. Conservation Status Report vii. Monthly Demand Report
ACTION ITEMS
6. Leases The Board Authorize the General Manager to Execute One-Year Leases with River Valley Equestrian Center, LLC, Identified as Lease 950 and Lease 1000
7. Mid-Year Budget Adjustments The Board Approve the Mid-Year Adjustments to the Fiscal Year 2015-16 Capital Improvement Program Budget Schedules 64, 76 and 84
INFORMATION
8. The Board Receive an Update Regarding the District's Drought Action Plan for January 2016
9. The Board Receive an Update Regarding Dam Repairs
10. The Board Receive an Informational Report Regarding the Status of the East County Advanced Water Purification Program
DISCUSSION
11. President's Report
a) Comments from the Public Regarding District Staff
12. Directors' Comments and Reports on Meeting(s) Attended
Regular Board Meeting Helix Water District Wednesday, February 17, 2016 - 2 p.m. Page4
13. General Manager's Report
a) Review of Future Agenda Items
14. General Counsel's Report
CLOSED SESSION C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code §54956.9(d)(1) Number of cases: 1
Williams v. Helix Water District EEOC Claim Charge No. 488-2015-00606 San Diego Superior Court Case No. 37-2013-00073219 (Appeal)
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code §54957 Title: General Manager
E. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code §54957.6 Agency Designated Representative: DeAna Verbeke Unrepresented Employee: General Manager
ADJOURNMENT
All public records relating to an agenda item on this agenda are available for public inspection at the time the record is distributed to all, or a majority of all, members of the board. Such records shall be available at the district office located at 7811 University Avenue, La Mesa, California.
Certification of Posting
I certify that on February 12, 2016, I posted a copy of the foregoing agenda near the regular meeting place of the Helix Water District Board of Directors, said time being at least 72 hours in advance of the meeting of the board of directors (Government Code §54954.2).
Executed at La Mesa, California, on February 12, 2016
VENDOR NAME INVOICE DESCRIPTION ABC CONSTRUCTION CO INC. ASPHALT RPLC/LISTA- AFLAC -EMPLY.PREMIUM/JAN16 AT&T -ACCT# 140388106/JAN THAD BARRIER -DEP RFD-7570CALVOCD BAY CITY ELECTRIC WORKS, INC. PREV.MAINT/#E15 BEDCO TRUCK EQUIPMENT REPR LATCH ASSY/U#7 BOB TURNER'S CRANE SVC INC CRANE RENT/COOLG TW LOIS L BURTON -REIMB MEDICARE CALIFORNIA METALS SUPPLY CR SHEET,ROUND BAR CA PUBLIC EMPL RETIREMNT SYS -GASB 68 REPORT FEE CERTIFIED AIR CONDITIONING INC COOLING TOWR SVC/OC
REPR BOILER/AO -DEP RFD-530 ROGUE R -REIMB MEDICARE
ROBERT CHASSAR RAYMOND DADDARIO DAILY DISPOSAL SERVICES, JESUS DELGADO DEPT OF FORESTRY & FIRE PROT DIAMOND ENVIRONMENTAL SERVICES DLM ENGINEERING INC. EDCO DISPOSAL CORP EL CAJON FORD
11513 KATHY ELMORE 8598 EMCOR SERVICE
7993 FIRST BANKCARD
11285 FIRST BANKCARD
PAGE 1
CHECK AMOUNT
49,005.25 2,518.48
89.45 91.69
366.00 105.75 706.20 104.94 147.53
2,500.00 702.31
85.86 207.80 155.88 207.80
1,599.36 37.15
500.00 257.83 666.58
162.02 4,061.00
1,300.00 392.50
1,769.98
3,425.15
434.43
HELIX WATER DISTRICT REPORT CD002
CHECK REGISTER FOR CHECKS 175620 THROUGH 175700
02/02/16 16:36:26
CHECK VENDOR NO. NO. VENDOR NAME
175647 10625 FIRST BANKCARD 175648 8102 FIRST BANKCARD
175649 175650
175651
175652
175653
175654 175655 175656
175657 175658 175659 175660 175661 175662
11094 FIRST BANKCARD 10647 FIRST BANKCARD
11199 FIRST BANKCARD
9345 FIRST BANKCARD
10324 FIRST BANKCARD
11071 FIRST BANKCARD 11037 FIRST BANKCARD 9286 FIRST BANKCARD
11040 FIRST BANKCARD 11504 HECTOR GONZALEZ 8776 GREENFIELD MIDDLE SCHOOL
11510 ANTHONY HARRELL 2669 HAWTHORNE LIFT SYSTEMS 6102 HDS WHITE CAP CONST SUPPLY
INVOICE DESCRIPTION REPR BRAKES/U#22 LOCKING FUEL CAP/EO VEH GLASS CLEANER RETIRED VEH SALE AD HOST SVC-FILE DELIV PC COOLING FANS 24"LCD MONITOR WIRELESS MOUSE (2) KEYBOARD COVER IN-TRUCK ADAPTR/U#4 EOC TABLE HARDWARE NETWORK CABLE/EOC QTLY SANGIS UPDATE WIRELESS KEYBOARD ONLINE CC TESTG FEE ASUS LAPTOP SVC AWARD GIFT CARD PERMT FEE-COOLG TOW CAULK TOOLS,PAINT BRUSHES SNACKS/DRINKS-RESAL LAKE AD/FACEBOOK SNACKS/DRINKS-RESAL OFFC SUPPL-LAKE,CG PILLOW-CAMPGR HOUSE POSTER BRD-KIDS DAY MAINT RANGER UNIFRM LAKE AD/FACEBOOK MASONRY BLADES MANHOLE RISER RING DPR PLANT WEBCAST LAPTOP DAYVIEW SCRN DVD-MAIN BREAKS/REP AC/DC CONVERTER 15V NPT PLUG LOCKS RECRUIT AD-ASST DIR RECRUIT AD-ASST DIR RECRUIT AD-CONSERVT KITCHEN SUPPLIES/QC
-DEP RFND-818 PALOMA MINI GRANT-6TH GRAD -DEP BAL 7840-42 PAL SVC/INSPECT U#E23 CREDIT-STRAW WATTLE CREDIT-SILKAFLEX STRAW WATTLE,STAKES STRW WATTLE,SILTFEN WOOD STAKE BUNDLE SILKAFLEX STRAW EROSION ROLLS
PAGE 2
CHECK AMOUNT
135.00 1,506.18
1,450.00 144.98
825.76
264.55
349.96
36.44 222.01 574.00
278.86 11.89
250.00 238.93 124.00
4,030.59
HELIX WATER DISTRICT REPORT CD002 02/02/16 16:36:26
-330642/9810 LEMON A -434508/1151 1/2 PIN -499301/560 RIMROCK -556024/9601 IVY ST -583540/7811 UNIVRST
1655 HELIX WATER DIST PETTY CASH
11507 HUNTER HO 5249 HOME DEPOT CREDIT SERVICES
4082 JOE HOWARD 9022 J&M BAIT DISTRIBUTORS
11511 4405 7854 7894
11517 9823
11520 8163 7050
11121 11503 8546
AYAD KASHAT THOMAS LAWSON LESLIE LEONARD WILLIAM LINDALL MADISON MARKETPLACE SA LLC MAG SYSTEMS, INC. MAGALI MARTINEZ MATHESON TRI-GAS INC. MAIL DISPATCH, LLC N HARRIS COMPUTER CORPORATION GREG NICITA NOBLE AMERICAS ENERGY
PAGE 3
CHECK AMOUNT
635.00
42.46 4,246.76
223.71 770.26
2,010.38 223.71 243.60 223.71 108.00 479.00 27.60
3,589.75 898.11
4,323.34 68.84
63,974.59
HELIX WATER DISTRICT REPORT CD002 02/02/16 16:36:26
CHECK REGISTER FOR CHECKS 175620 THROUGH 175700
CHECK VENDOR NO. NO.
175680 175681 175682 175683 175684 175685 175686
175687
175688
175689 175690
175691
175692 175693 175694 175695 175696 175697 175698
175699 175700 (ELEC) (ELEC) (ELEC) (ELEC)
11514 3759 4454
11506 9270
11518 4686
11502
VENDOR NAME INVOICE DESCRIPTION -631712/2050 GRNFLD- -635041/4980 MT.HELI -653821/3820 COS.ELL -758630/9121 SPICES -868211/9550 LJ PK"A -887254/3706 CORDOBA -888210/4165 W.ARIET -094881/1320 OLD CHS -151855/9550 LJ PK"C -197423/9530 MILDN S -239957/1750 V.DEL V -287447/1966 E MAIN -779381/9738 LJ PK R -807799/9160 PINKARD -900891/9550 LJ PK"B -934452/13002 HWY 8 -942760/8799 ELDON S -975779/14027 EL MNT -DEP RFND-5600 MORRO -REIMB MEDICARE -REIMB MEDICARE -DEP RFD-10504 MADRI
CONTROL PRGRM VECTOR CONTROL PRGR -DEP RFD-1618 G.HILL MAINT:07457 DEC-JAN MAINT:041205 DEC-JA
VENDOR NAME AETNA HEALTH AND HUMAN SAN DIEGO CO WATER AUTHORITY SAN DIEGO CO WATER AUTHORITY JANET RUNDELL DONALD J KUHL ROBERT D FRIEDGEN JULIE BALL DOROTHY EHRHARDT DONALD R KAISER WAYNE MASSIE BETTY DUNCAN EVELYN QUINN DIANN KEMP WILLIAM E KOCH JOAN DARRAH EVELYN TORRES RONALD C POORBAUGH LOISE RUTH LILLIAN CHILDS CRAIG BINNS GEORGE R MARTIN OLIVER F ANDERSON JR PAUL BUTTS MARVIN BARNARD CHRISTINA REISCH KATHLEEN A MYERS ROBERT RIVERA NORMA HATFIELD IRVIN LYNN NANCY MORROW ANTHONY JACKSON ANDREW BLEACH RALPH SALAZ ESTELLE GREEN DENNIS MCDONALD DEAN R MOON CHARLES SEPICH DOMINGO VILLA ED NISHIKAWA ARTHUR FLOTO BEVERLY J MILLER ROGER DARLAND JOAN FRIEDGEN DAN DENHART GERRY WATTERS LISLE A. LEE WARREN WILLS SHELLEY NEILL BRUCE ANDERSON DIANE D WILLIAMS
VENDOR NAME JEAN SHAFF ROBERT L SIMPSON INA F ORTON MICHAEL W DOUD ZELLA GRAY JANE EATON STEPHEN HANNI HARRY DEMPSEY BEATRICE MIETZEL TIMOTHY VACLAVEK RICHARD MCCLAIN FRANK MITCHELL JOHN MUNN DON GAUTHIER WILLIAM FENTON NEAL CARNEY LEROY DANIELSON JUNE L VAUGHN LARRY AUSTIN GLORIA HORTON WILLIAM ONTIVEROS ANTHONY ROSS DOLORES LOPEZ DORIS L KUKUK ELPIDIO & VIOLETA GARCIA HAWTHORNE MISSION JANITORIAL & WORKFORCE STRATEGIES INC. WORKFORCE STRATEGIES INC. BEST, BEST & KRIEGER BEST, BEST & KRIEGER BEST, BEST & KRIEGER BEST, BEST & KRIEGER BEST, BEST & KRIEGER BEST, BEST & KRIEGER BEST, BEST & KRIEGER VWR INTERNATIONAL, INC. VWR INTERNATIONAL, INC. VWR INTERNATIONAL, INC. CARROLL BUSINESS SUPPLY, INC. CARROLL BUSINESS SUPPLY, INC. CDW GOVERNMENT, INC. BIO VIR LABORATORIES THE SOCO GROUP, INC. HD SUPPLY WATERWORKS, LTD. AL ENDOZO EARL VOOGD MICHELLE M CURTIS HAWTHORNE DION INTERNATIONAL TRUCKS LLC
VENDOR NAME AIT SOUTHWEST INC. ANDY E ALEXANDER ALPHA & OMEGA RESPIRATOR FIT ALSCO AT&T MOBILITY BEDCO TRUCK EQUIPMENT PATRICK BENNETT DAVID BISHOP CALIFORNIA ELECTRIC SUPPLY
9920 CALL-EM-ALL, LLC 11524 CASTER GROUP
229 CITY OF EL CAJON
11508 CONTROLLED ENTRY 304 COUNTY MOTOR PARTS
7303 COX COMMUNICATIONS
INVOICE DESCRIPTION FLUORIDE PROBES
-OVPT RFD-4026 CAMIN QUANTITATV FIT TEST LINEN/MAT SVC 1/28
-#287253134321 JAN16 REPR DUMP BODY/U#45
-DEP RFD-1484E.MADIS -DEP RFD-4633 68TH S RADIO POLES/OTAY EM CONNECTR RESTOCK FE CALL-EM-ALL/FEB16
9252 CUTTING EDGE SUPPLY 11230 D&H WATER SYSTEMS 9080 DIAMOND ENVIRONMENTAL SERVICES
11535 KIMBERLY G DUMAS 2889 EAST COUNTY URGENT CARE
10721 EL CAJON FORD
396 EUROFINS EATON ANALYTICAL, INC 172 EXCEL TELEMESSAGING, INC. 286 FARWEST CORROSION CONTROL CO
7227 GE CAPITAL 11536 GENE TOWNSEND AUTO BODY
450 GRAINGER
PAGE 1
CHECK AMOUNT
1,746.11 59.91
600.00 304.47 76.59
429.49 70.99
187.68 3,659.32
46.73 80.27
193.99
19,497.00 923.05
1,202.52
137.50 333.60
1,122.26
108.53 110.00
1,489.38
300.00 262.28 300.37
3,552.47 47.50
1,293.68
HELIX WATER DISTRICT REPORT CD002 02/09/16 16:53:47
CHECK REGISTER FOR CHECKS 175701 THROUGH 175776
CHECK VENDOR NO. NO.
175728 175729 175730 175731 175732
175733 175734 175735 175736 175737 175738
175739
175740 175741 175742
175743 175744 175745 175746 175747 175748 175749
175750 175751 175752 175753 175754 175755
6808 11501 11532 11487 10104
9708 9656 7700
11531 11530 11290
VENDOR NAME INVOICE DESCRIPTION NITRILE GLOVES TEST LEADS VACUUM PUMP OIL LABEL KIT & CARTRDG 5/8" END MILL TORCH,VAC BELTS SPACE HEATER,FITTNG WELDER PROTECT.COVE 12"MDT3S ACTUATOR
CO THOR MAINT:5/1-4/30 -OVRPT RFD-3865ARROY REPLC HOSE FITTG/EO FLAGGING LABOR REG FLAG LABOR REG+OT FLAGGING LABOR REG FLAG LABOR REG+OT FLAGGING LABOR REG FLAGGING LABOR REG PEST CONTROL-TP/FEB SCADA SOFTWR SUPPOR SM.CLAIM-VALENCIAS
-DEP RFD-5430BALTMOR -BAL DUE W04715,4732 PROF SVC W04685/JAN PROF SVC W04464/JAN INSECT CNTRL-OC/JAN RODENT CNTRL-CUY DA ADDL RODENT CNTR/CU RODENT CNTRL-CH DAM RDNT/PEST SVC-LJ/JA RODENT CNTRL-TP/JAN RODENT CNTRL-BUCKNE SM.CLAIM-ASPH REPAI
-EL MONTE RD DEC-FEB DELIVERY CHG OFFSET GRANITE 3/4"
MATHESON TRI-GAS INC. ANNL INDUST INSPECT MINE SAFETY APPLIANCES CO OXYGEN SENSOR ELEMT MT. LASSEN TROUT FARM INC. TROUT-LJ 1/26/16 NATIONAL METER & AUTOMATN INC 3/4"METERS NATIONAL SAFETY COMPLIANCE INC ANNUAL ADMIN FEE'16 MICHAEL NELSON -RFD TEMP MTR-LYNCAR NEWEGG BUSINESS INC. SWITCHES 52-PORT
MONITORS,SWITCH JESSICA NGUYEN -DEP RFND-202 DECKER PADRE DAM MUNICIPAL WATER DIST SHARED SVC/VAC TRUC PEERLESS MATERIALS COMPANY KNIT RAGS 50# BOXES PITNEY BOWES INC MAIL OPNR MAINT16-1 REGIONAL TRAINING CENTER TRAING-CRUCIAL CONV R.J. SAFETY CO INC SHOCK ABSRB LANYARD
HENRY PRATT COMPANY LLC HEWLETT PACKARD ENTERPRISE CHARLES F HOHM HOSE TECH HUDSON SAFE-T-LITE RENTALS
HYDREX PEST CONTROL INDUCTIVE AUTOMATION J&M KEYSTONE, INC. STACIA M JOHNSON LINDA KEACH KLEINFELDER INC.
5543 KNOTT'S PEST CONTROL INC.
11374 KOLOA PACIFIC PIPELINE CORP 49 LAKESIDE WATER DISTRICT
VENDOR NAME RON OEDING INC. SAFELITE FULFILLMENT, INC. SAM'S INTERNATIONAL MARKET VOIDED
26 SAN DIEGO GAS & ELECTRIC
02/09/16 16:53:47 PAGE 3
INVOICE DESCRIPTION HWD LOGO HATS SM.CLAIM-WINSHD REP
-DEP RFD 665-669EMAI
CHECK AMOUNT 983.01 89.95 76.95
-00891/9550LJ PK RD -00908/830 1/2JACKMA -06003/8116 WING AVE -07799/9160PINKARD L -12656/14060 EL MONT -12703/457 N MARSHAL -15003/9335HARRITT R -16503/617 4TH ST EC -17904/1302 HILL ST -25659/9825WNTR GRDN -28901/9738LJ PARK R -28902/9738LJ PARK R -31104/10109 BASS B -31712/2050GREENFD"A -34452/13002HWY 8 BS -34888/5411GRSMNT CT -35528/10108BASS RD -36253/HARRT.NW END -38829/10108 BASS RD -39957/1750 VDEL VLL -41960/224 1/2 3RD S -42760/8799 ELDEN ST -49288/1445BERMUDA L -51000/2050 l/2GREEN -51855/9550LJ PK RD -52321/1233VERNON WA -55233/14039 EL MONT -57504/5955 POPPY ST -59652/10537FLD SMIT -63809/4903 LONGVIEW -68211/9550LJ PK RD -68575/13661JULIAN A -70052/HARRT.RD N EN -72958/2776 KATHERIN -72995/9535 HARRITT -75779/14027 EL MONT -77355/1016AVE OCEAN -78505/8529MELROSE L -78755/1233VERNON WA -79381/9738 LJNNINGS -83309/383 S MARSHAL -84409/821 FESLER ST -84609/9738LJ PK RD -84756/LJ PARK RD D -87447/1966 E MAINS -94881/1320 OLD CHAS
NICHOLAS SCOTT SHARP ELECTRONICS CORP STATE OF CA/DEPT OF JUSTICE SUPERIOR READY MIX CONCRETE
TIRE CENTERS, LLC TRI-SIGNAL INTEGRATION INC. UNITIS CONTRACTOR SUPPLIES UPS GERRY WATTERS TRACY G WESSEL FRANCHISE TAX BOARD STATE DISBURSEMENT UNIT EL CAJON FEDERAL CREDIT UNION CA PUBLIC EMPL RETIREMENT SYS CA PUBLIC EMPL RETIREMENT SYS CA PUBLIC EMPL RETIREMENT SYS (STATE TAX AUTOMATIC E.F.T.) (FEDERAL TAX AUTOMATIC E.F.T.) EMPLOYEE ASSOCIATION F ICMA-RC 457-305588 ICMA-RC 401-108900 OPER CTR CONTR CLUB OFFICE CONTRIB FUND TREATMENT PLANT CONTRI SOUTH BAY FOUNDRY, INC. WESTAIR GASES & EQUIPMENT INC. BOOT WORLD TRITON TECHNOLOGY SOLUTIONS JENAL ENGINEERING CORPORATION AMERICAN RIGGING & SUPPLY CO HAWTHORNE HAWTHORNE COLE OFFICE PRODUCTS INC COLE OFFICE PRODUCTS INC CALOLYMPIC GLOVE&SAFETY CO INC CALOLYMPIC GLOVE&SAFETY CO INC CALOLYMPIC GLOVE&SAFETY CO INC CALOLYMPIC GLOVE&SAFETY CO INC DUNBAR ARMORED INC. MCMASTER-CARR SUPPLY CO MCMASTER-CARR SUPPLY CO PALM ENGINEERING WORKFORCE STRATEGIES INC. WORKFORCE STRATEGIES INC. JCI JONES CHEMICALS INC WEBER SCIENTIFIC
INVOICE DESCRIPTION -96652/10108 BASS C -97423/9530 MILDEN S -99301/560 RIMROCK R -DEP RFD-8260 LINCOL USAGE:041162 TO 1/2 FINGERPRINTING (2) DELIVERY CHG OFFSET 3/4" ROCK TIRES/U#50 INSP OZONE FIRE ALR MARKING PAINTS TP OUTBOUND SHIPPIN
-REIMB MEDICARE/FEBl -DEP RFD-5025 N.RANC -PR DEDUCTION -GARNISHMENT -EL CAJON CR UN -PERS EMPL 8% -PERS -PERS NEW 6.5%
EMP ASSOCIATION ICMA-RC DEF COMP ICMA-RC MATCHING SHOP CONTRIB OFFICE CONTRIB TP CONTRIB FUND 411 & 811 GATE CAPS C02 REFILLS 2/1/16 SAFETY SHOES-ROBBIN PROF SVCS-W04529 FUEL TANK INSP/JANl RATCHET TIE DOWNS 311 EXCAVATOR RENTA MINI EXCAVATOR RENT LTR & LEGAL POUCHES GEL PENS,SCISSORS GLOVES, GLASSES ORANGE SAFETY VESTS RAIN JACKTS,OVERALL STL TOE RUBBER BOOT ARMORED SVC 2/16 CHAIN & CONNECTORS STEEL BLADES,WHEELS CONCRT REPLC LIST C TP TEMP-WK END 1/30 CSR TEMPS-WK ENDl/3 CHLORINE 2/5/16 PIPETTES lOML
VENDOR NAME AIRX UTILITY SURVEYORS, INC. VWR INTERNATIONAL, INC. VWR INTERNATIONAL, INC. VWR INTERNATIONAL, INC. BACKFLOW SERVICES INC. IDEAL COMPUTER SOUTH, INC. IDEAL COMPUTER SOUTH, INC. IDEAL COMPUTER SOUTH, INC. CANON SOLUTIONS AMERICA, INC CANON SOLUTIONS AMERICA, INC JAN-PRO OF SAN DIEGO THE SOCO GROUP, INC. SD COUNTY WATER AUTHORITY COUNTY OF SAN DIEGO MICHAEL R RUSSELL KIRA M HALEY RITA A MOONEY CARLOS R PERDOMO ROBERTO A MINEO MARK D UMPHRES HELIX WATER DIST PAYROLL FUND
$ $=7_;_7~0=25.c.___ __ The undersigned makes the foregoing claim against the Helix Water Distnct states that the money claimed was actually expended and/or the mileage stated was actually traveled on behalf of said Distnct and m pursuance of the duties of claimant, and that said claim Is presented in good faith and has not heretofore been paid
Approved for payment by Board action this ____ day of , 2016
The undersigned makes the foregoing claim against the Helix Water District states that the money claimed was actually expended and/or the mileage stated was actually traveled on behalf of said District and m pursuance of the duties of claimant and that said claim rs presented m good fa1tt.J._a h n t heretofore been paid
~~ Approved for payment by Board action this ____ day of , 2016 (date)
(ATTACH RECEIPTS TO CLAIM) LA Effective 01/01/16
ACCOUNTING DEPT CASH ADVANCE ACTUAL SPENT RETURNED AMT /DATE
(Initial) _ $ _
$------il-------- $ __.CL_ _
(date) J.-q - j l.J;
HELIX WATER DISTRICT Expense Claim
This expense report meets the requirements of District Policy 9 1-14 and Government Code §53232 2
CLAIM OF DE ANA R VERBEKE FROM F_e_br_u_a__,_ry_2~,_2_0_16 to _
(date) {date) EVENT ACWA REGION 10 BOARD MEETING
LOCATION VISTA IRRIGATION DISTRICT OFFICE, VISTA, 12 NOON
PER DIEM & MILEAGE PER DIEM 1 DAYS@ $200 00= __ "-'$2::.cO:..:O----'O=-=O'---- MILEAGE 87 2 MILES @ $0 54= __ -'-$_4_7_0_9 __ TOTAL PER DIEM+ MILEAGE $ $.,_2:...:.47'--'-'09:...__ __ ( 1)
The undersigned makes the foregoing claim against the Helix Water District states that the money claimed was actually expended and/or the mileage stated was actually traveled on behalf of said District and in pursuance of the duties of claimant and that said claim ts presented tn good fat!~ and has not heretof~r1een paid
Approved for payment by Board action this K.({k~ U £?~~ :2/; /J 0 ____ day of , 2016 Claimant (signature) (date)
Secretary, Helix Water QJs net Received for agenda,_·i.--1-.,,,G=-1--'--~'-'---+
Dept Head or General Manager (signature) (date)
(ATIACH RECEIPTS TO CLAIM) LA Effective 01/01/16
ACCOUNTING DEPT CASH ADVANCE ACTUAL SPENT RETURNED AMT /DATE
Trus expense report meets the requirements of Drstnct Pohcy 91-14 and Government Code §53232 2
CLAIM OF CHARLES W MUSE FROM February 5, 2016 to _
(date) (date) EVENT SAN DIEGO EAST COUNTY CHAMBER OF COMMERCE, FIRST FRIDAY BREAKFAST
LOCATION BLACK ANGUS, EL CAJON, 7 15 AM
PER DIEM & MILEAGE PER DIEM NIA DAYS@ $200 OO= __ ...,$c::.0..:::0.::..0 __ MILEAGE 15 MILES@ $0 54= __ ...,$8c;;_.:_1-=..0 __ TOTAL PER DIEM+ MILEAGE $ _.:,:..$8_;_1~0 (1)
EXPENSE PAID BY CLAIMANT:
SUN MON TUE WED THU FRI I SAT TOTAL 215
Breakfast $0 00
Lunch $0 00
..._._ Dmner $0 00
Lodgmo $0 00
Airfare $0 00
Ground Trans $0 00
Parking $0 00
Bellman Tips $0 00
LESS Cash Advances Prepaid Spouse Expenses Transportation Meals Miscellaneous
TOTAL TO BE PAID CLAIMANT (1+2·3)
$ _;$::..::0....:0~0 (2) $ $8 10 (1+2)
$000 < __:,:$.::..0 ..::.00.:,__ > (3)
PO# ----
CLAIMANT EXPENSE:
Reqrstranon T ransportanon Lodging Meals
PREPAID or Cl-lARGED ON HWD CREDIT CARD
$2000
Parking Transportation Lodging Meals
Credit Card PO#
Miscellaneous Miscellaneous TOTAL CLAIMANT EXPENSE PREPAID/CHARGED BY DISTRICT $ __,:_$.;;_c20'-0'---'0 (4)
SUMMARY: Per Diem and Mileage Claimed (Gross) Expense Paid by Claimant Claimant Expense Prepaid/Charged
Tne unders,gned makes the foregrnng claim against the Helix Water D!Slnct states that the money claimed was actually expended and/or the mileage stated was actually traveled on behalf al said District and m pursuance of the duties of claimant ard that said claim rs presented m good faith and has not heretofore been paid
!7 27 Z/tr:k- Approved for payment by Board action this ____ day of , 2016 Claimant (signature) (date)
Secretary Helix Water Dis 1
Received for agenda.--'C:'r-+r--f----'--'---ff-1 Dept Head or General Manager (signature) (date)
(ATTACH RECEIPTS TO CLAIM) LA Effective 01/01/16
ACCOUNTING DEPT CASH ADVANCE ACTUAL SPENT RETURNED AMT /DATE
(lnrhal) ~ (d,le)~~ $ _
~======~c-"-"t=========
HELIX WATER DISTRICT Expense Claim
This expense report meets the requirements of District Policy 9 1-14 and Government Code §53232 2
CLAIM OF· KATHLEEN HEDBERG FROM F_eb_r_u_a~~8~,2_0_1_6 to _
(date) (date) EVENT ACWA COMMUNICATIONS COMMITTEE
LOCATION CONFERENCE CALL, LA MESA, 2 PM
PER DIEM & MILEAGE PER DIEM 1 DAYS@ $200 00= __ $~2_0_0_0_0 __ MILEAGE O MILES@ $0 54= __ ~$_0_0_0 __ TOT AL PER DIEM + MILEAGE . $ $_2_0_0 _00 (1)
EXPENSE PAID BY CLAIMANT:
SUN MON TUE WED THU FRI SAT TOTAL 218
-s-
Breakfast $0 00
Lunch $0 00
Dinner $0 00
Lodging $0 00
Airfare $0 00
Ground Trans $0 00
Parking $0 00
Bellman Tips $0 00
LESS Cash Advances Prepaid Spouse Expenses Transportation Meals Miscellaneous
TOTAL TO BE PAID CLAIMANT (1+2-3)
$ $0 00 (2) $ $200 00 (1+2)
$0 00 < $0 00 j ---- PO#
CLAIMANT EXPENSE: PREPAID or CHARGED ON HWD CREDIT CARD
Regrstratron Transportation Lodging Meals
Parking Transportation Lodging Meals
Credit Card PO#
Miscellaneous Miscellaneous TOT AL CLAIMANT EXPENSE PREPAID/CHARGED BY DISTRICT $ ~$_0_0_0 (4)
SUMMARY: Per Orem and Mileage Claimed (Gross) Expense Pard by Claimant Claimant Expense Prepaid/Charged
The undersigned makes the foregrnng claim against the Hehx Water Distnct, states that the money claimed was actually expended and/or the mileage stated was actually traveled on behalf of said Distnct and m pursuance of the duties of claimant, and that said claim rs presented m nnnrl faith and h,is nnt hPrPlnfnrA hPPn natd
~ a'A (,Qw\Q cx-i-Ll .-4"V~ Approved for payment by Board actron thrs ____ day of , 2016
2/9/2016 Claimant (signature) (date)
Secretary, Helrx Water[~rstf19t }/f ·!·IL Received for agenda_'Y7~~'1--+-_V_I!!I__~
J (ATTACH RECEIPTS TO CLAIM) LA Effective 01/01/16
Dept Head or General Manager (signature) (date)
ACCOUNTING DEPT CASH ADVANCE ACTUAL SPENT RETURNED AMT /DATE
n 1111 11,~ Lei (Initial~~ (date)¥L
$ .,..,... ~
$-----==------~
HELIX WATER DISTRICT Setting standards of excellence in public service
MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS
Wednesday, February 3, 2016- 2 p.m. 7811 University Avenue, La Mesa, CA 91942-0427
1. President Verbeke called the regular board meeting to order at 2 p.m. The roll call showed a quorum of the board present: Directors Verbeke, Muse, Hedberg, Linden and Scalzitti.
Staff present: Lugo, Umphres, Stoia, Tomasulo, Hayman, Bryant, Janzen, Curtis, Ross, Gibbs, Fockler, Lyford, Salois, Uhrhammer, Olney, Miller, Masterson and Annett. General Counsel Elizabeth W. Hull was also present.
Others present: Customer Mark Gracyk.
2. Director Hedberg gave the invocation and led the Pledge of Allegiance
3. General Manager Carlos V. Lugo reported there were no additions or deletions to the agenda The agenda was approved unanimously.
Motion: Second:
Scalzitti Linden
4. President Verbeke provided opportunity for members of the public to address the board on any item under the subject matter jurisdiction of the district. There was no one to be heard.
5. The consent agenda was approved unanimously.
Motion: Second:
Muse Linden
a) The following operating account checks submitted for ratification were approved.
i. list dated January 19, 2016 ii. list dated January 26, 2016
b) Memorandum dated February 3, 2016, from the board secretary submitting expense and per diem claims was approved.
c) The board approved the minutes of the regular board meeting of January 20, 2016 and the Committee of the Board/regular board meeting of January 27, 2016.
Regular Board Meeting Minutes - February 3, 2016 Page2
d) The board approved the following attendance consideration:
i. Dry, Wet or Average? The Challenges for Water Project Operations Briefing February 23, 2016 at 9 a.m. Sacramento Convention Center
6. The board adopted Resolution 16-04 declaring construction complete and authorized filing a notice of completion for the treatment plant screw pump coating improvements project, Work Order 4446. The motion carried unanimously.
Motion: Second:
Scalzitti Hedberg
7. The board adopted Resolution 16-05 declaring construction complete and authorized filing a notice of completion for the boardroom audio visual improvements project, Work Order 4529 The motion carried unanimously.
Motion Second:
Scalzitti Linden
8. The board appropriated funds in the amount of $109,000 from schedule 64, item 21 of the fiscal year 2015-16 capital budget to replace filter effluent valve actuators at the R.M. Levy Water Treatment Plant, and authorized the sole source purchase of the filter effluent valve actuators from Rotork Controls Inc. in the amount of $84, 188. The motion carried unanimously.
Motion: Second:
Hedberg Linden
DISCUSSION A. President Verbeke recognized Assistant Director of Administrative Services
Jennifer C. Bryant, thanked her for her 3.5 years of service to the district and wished her well in her new career opportunity. President Verbeke also distributed the tentative list of annual board items for scheduling and planning purposes. President Verbeke thanked staff for including the board at the employee appreciation breakfast and reported the snowpack is at 130 percent. President Verbeke read a comment from the public regarding the excellent service received from Customer Service Representative Deborah A. Copher.
B. Vice President Muse and Director Linden provided written reports. Director Scalzitti stated he attended Kids Day at Lake Jennings on Saturday, January 30, 2016. Director Scalzitti reported a successful day with large numbers of attendees. Director Hedberg opened a brief discussion regarding Padre Dam Municipal Water District's current board meeting and requested details on the selection process for the East County Potable Reuse project consultant. Director
Regular Board Meeting Minutes - February 3, 2016 Page3
of Water Quality/System Operations Mark D. Umphres detailed the consultant selection process for Director Hedberg.
C. General Manager Carlos V. Lugo requested Water Conservation Specialist Michelle M. Curtis review the outcome of the State Water Resources Control Board hearing to consider 2016 emergency conservation regulations. Mr. Lugo stated that staff will provide information as it becomes available and stated the revised regulation will create customer communication challenges. Mr. Lugo detailed future board agenda items for February 17, February 24, March 2, March 16, March 23, and April 6, 2016.
D. General Counsel Elizabeth W. Hull provided a written report regarding Senate Bill 272 (new Government Code section 6270.5) to create a catalog of enterprise systems used by the district. The deadline to meet the requirement rs July 1, 2016 and general counsel will be working with staff to fulfill this new requirement.
President Verbeke adjourned to closed session at 2:50 p.m.
CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code §54957) Title: General Manager
President Verbeke reconvened open session at 3:44 p.m. There was no reportable action.
President Verbeke adjourned the regular board meeting at 3:45 p.m.
ATTEST.
Sandra L. Janzen, Board Secretary DeAna R. Verbeke, President
lEGISlATIVE SYMPOSIUM
March 9, 2016 • Sacramento Convention Center
PRELIMINARY AGENDA
9:00-9:30 AM Registration and Continental Breakfast
9:30-9:40 AM Welcome Remarks Kathleen Tiegs, ACWA President
9:40-9:45 AM ACWA Outreach Task Force Chair ofACWA Outreach Task Force
9:45-10:45 AM Article X Amendment - A New Funding Method Option The League of California Cities, the California State Association of Counties and ACWA have flied an initiative with the Attorney Genera! and are likely to pursue placement of a Constitutional '1.mendment on the ballot via action by the State Legislature. The Amendment would create a new funding method option that authorizes voluntary conservation-based rates and voluntary lifeline rates and treats fees for storm water, flood control and water and sewer service alike. Symposium participants will hear the latest developments about this collaborative effort.
10:45-11 :00 AM
11 :00 AM-NOON
Break
Emerging Water Markets ACW4 is creating recommendations to improve the State's water market On a parallel track, the Environmental Defense Fund is also developing its own set of recommendations to reform the water marker. Additionally, several State Legislators have indicated interest in moving market-related bills in this Legislative Session that would improve the water market in California. This panel will discuss the challenges in the existing marker system as well as the opportunities to improve and enhance the role of voluntary water markets in California.
NOON-1 :30 PM Lunch Speaker Assembly Speaker Anthony Rendon (Invited)
Outreach Opportunity Here's your chance to participate in grassroots outreach by scheduling a meeting with your own local State Senator and/or State Assembly member in their Sacramento offices in advance across the street in the Capitol, after the Symposium concludes that afternoon.
1:30-4:30 PM
. ' All programs are subject to change without notice.
HELIX WATER DISTRICT Setting standards of excellence in public service
BOARD REPORT
TO: Board of Directors
FROM: Carlos V. Lugo, General Manage~
INITIATED BY: James A. Tomasulo, Director of Engineering~ Timothy J. Ross, Engineering Manager J?l'- Milica K. Schipper, Engineering Manager /:1
DATE: February 17, 2016
SUBJECT: Claim Rejection Kaveh Engineering & Construction Inc.
Strategic Focus Area:
Fiscal Integrity and Sustainability
Recommendation:
The board reject a claim in whole filed by the law firm of Case, Ibrahim & Clauss, LLP on behalf of Kaveh Engineering & Construction Inc. in the amount of $172, 713.98 for additional cost allegedly incurred during construction of the large valve replacement project fiscal year 2013-14, Work Order 3998.
Background:
On February 25, 2015, Helix Water District received a claim from Kaveh Engineering & Construction Inc. The claim indicates that Kaveh allegedly incurred additional costs during construction of Work Order 3998 in the period between July 7, 2014, and February 2015. The district responded on March 9, 2015, requesting substantiating documentation as required by contract specification section 00700, 1- 29, procedure for resolving disputes.
Kaveh submitted a second letter with tabulated invoices from Work Order 3998 on April 22, 2015. The district responded on May 5, 2015, stating Kaveh's failure to follow the mandatory contractual dispute resolution procedure and failure to provide information as required by contract specification section 00700, 1-29, procedure for resolving disputes. Specifically, Kaveh failed to include a list of documents relating to
the claim, a chronology of events and correspondence, an analysis of claim merit, an analysis of claim cost and an analysis of time impact analysis in CPM format.
On January 22, 2016, the district received a government code claim filed by the law firm of Case, Ibrahim & Clauss, LLP, on behalf of Kaveh Engineering & Construction Inc. Kaveh failed to timely request a meet and confer conference as required by public contract code, section 20104 and the contract specifications. Additionally, pursuant to section 911.2 of the government code, the claim must be presented not later than one year after accrual of the cause of action. Accordingly, district staff recommends the claim be rejected as untimely and for failure to comply with the dispute resolution procedure requirements.
2 Z \Board Reports (Final)\2016\021716 Claim Re1ect1on Kaveh with BBK comments Final doc
Helix Water District Liability Claims
Coverage Period October 1, 2015 - October 1, 2016
.... Claimant Incident Claim Claim Description Status Amount Amount Paid
Date Date Claimed to Date
Hector Mena Claimant was driving east on Hwy 8 when a small piece of debris 1829 Arnold Way 1/12/16 1/22/16 was ejected from the rear of a District truck causing damage to the Settled $89 95 $89 95 Alpine, CA 91901 claimant's front windshield
Claims Activity for January 2016
Pending Claims
Claimant Incident Claim Claim Description Status Amount Date Date Claimed
Mmchies Yogurt Shop Claimant sustained water damage to the building as a result of a failed 8" water 1710 East Main St 12/3/15 12/3/15 main J&M Restoration made the repairs under the supervisron of ACWA/JPIA Pending TBD El Cajon, CA 92020
Rejected/Settled Claims
Claimant Incident Claim Date Claim Description Status Amount Total Cost Date Date Finalized Claimed of Claim
Claimant's property sustained damage when a fire hydrant at the mtersectron of Bancroft Drive and Valencia Street failed Claimant was reimbursed $265 00 for damaged
Rene Plata personal contents and $140 00 for meal money 8958 Valencia St 11/25/15 12/13/15 12/16/15 Settled $265 00 $18,570 55 Spring Valley, CA 91977 Addmonal distnct costs - $17, 169 55 See detail below
J&M Restoration ($13,682 70), Best Impressions Detail ($130 00), Greenbrier Landscape ($837 50), and Koloa Pacrnc Pipeline ($3,515 35)
Claimant stated that after a water main shut down was Jim Ellis performed by HWD crews on his street the hot water to his 2315 Berry St 11/5/15 12/3/15 12/24/15 shower would no longer work Staff contacted the plumber Settled $105 23 $105 23 Lemon Grove, CA 91945 that performed the repairs and 1t was determined that
debris m the shower cartridge from the reactrvatron was found to be the cause
Rejected Claims Pending Litigation
Claimant Incident Claim Date Claim Description Claim Status Amount Date Date Reiected Year Claimed
None
Claims Paid Directly by JPIA Claims Pending JPIA Reimbursement Claims Reimbursed by JPIA Total Claims Paid to Date
$0.00 $18,765.73
$0.00 $18,765.73
Page 1 of 1
Helix Water District Treasurer's Report January 31, 2016
General Account (Union Bank) $ 520,955.40 General Account (Pershing Bank) 29,186.73 General Account (U S Bank) 4,846,956.53 Operating Account (Union Bank) 567,292.66 Payroll Account (Union Bank) 450,664.96
Total Bank Balance 6,415,056.28 Deposits in Transit 193,994.75 Outstanding Checks (513,884.57)
Total Demand Deposit Balance 6,095, 166.46
Investments (See Schedule) 5,810,790.00 LAIF (0.446%) 21,467,025.87 IMPREST Cash 8,201.76 Restricted Deposits - Bond Resv Fund 1,906,413.94 Restricted Deposits - Bond Svc Fund 0.65
RECONCILED TO LEDGER AS OF 1/31/16 $ 35,287 ,598.68
LISA STOIA, Treasurer of the Helix Water District, deposes and says that the foregoing monthly report is to the best of her knowledge and belief correct in every particular and truly exhibits all of her transactions since the last statement and that all of the monies deposited and received by her on account of said District during the month are covered by this report as shown herein. The Treasurer also says that the investments made are in accordance with the Helix Water District investment
policy. ~
LISA STOIA, Treasurer~
Helix Water District Investments
January 31, 2016
Current Yield Effective Type of Investment Purchased Maturity Yield to Maturity Par Value Price Market Value Cost Basis
24 Month CD Subtotal $ 248,000 36 Month CDs Certificate of Deposit - American Express Centurion 7/25/2013 7/25/2016 110% 110% $ 248,000 100 246 $ 248 610 $ 248 000 Certificate of Deposit - GE Capital Bank Utah 10/4/2013 10/4/2016 120% 120% $ 248,000 100 307 $ 248 761 $ 248 000 Certificate of Deposit - Barclays Bank 4/30/2014 4/30/2017 1 00% 1 00% $ 248,000 100 214 $ 248 531 $ 248 000 Certificate of Deposit - Discover Bank 6/4/2014 6/5/2017 110% 110% $ 248 000 100112 $ 248 278 $ 248 000 Certificate of Deposit Midland States Bank 6/17/2014 6/19/2017 100% 100% $ 248 000 99 938 $ 247,846 $ 248 000 Cer!Jficate of Deposit - Hapoalim Bank 7/17/2014 7/17/2017 115% 115% $ 248 000 100 054 $ 248,134 $ 248 000 Certificate of Deposit - State Bank of India 10/17/2014 10/17/2017 165% 165% $ 248 000 100 055 $ 248 136 $ 248 000 Certificate of Deposit -Amencan Express Fed Svgs 11/6/2014 11/6/2017 146% 145% $ 248 000 100417 $ 249 034 $ 248 000 Certificate of Deposit - BMW Bk NorthAmer 11/14/2014 11/14/2017 140% 140% $ 248 000 100 057 $ 248141 $ 248 000 Certificate of Deposit Flushing Bank 12/12/2014 12/12/2017 130% 130% $ 248 000 100 022 $ 248 055 $ 248 000 Cer!Jficate of Deposit - Capital One Bank 1/22/2015 1/22/2018 125% 125% $ 248 000 99 917 $ 247 794 $ 248 000 Certificate of Deposit - World's Foremost Bank 7/16/2015 7/16/2018 170% 170% $ 200 000 100 013 $ 200 026 $ 200 000 Certificate of Deposit - Goldman Sachs Bank 11/18/2015 11/19/2018 170% 170% $ 248 000 100 157 $ 248 389 $ 248 000 Certificate of Deposit - Wells Fargo 11/18/2015 11/19/2018 155% 155% $ 248 000 100 131 $ 248 325 $ 248 000 Certificate of Deposit -Ally Bank 11/19/2015 11/19/2018 165% 165% $ 248 000 100 130 $ 248 322 $ 248,000 Certificate of Deposit - Key Bank 11/25/2015 11/26/2018 150% 150% $ 248 000 100116 $ 248 288 $ 248 000 Certificate of Deposit - Sallie Mae Bank 12/16/2015 12/17/2018 170% 170% $ 248 000 100 069 $ 248171 $ 248 000 Certificate of Deposit - Mercantil Commerce Bank 12/28/2015 12/28/2018 160% 160% $ 248 000 100 045 $ 248112 $ 248 000
36 Month CD Subtotal $ 4,416,000
CD Subtotal $ 5,311,000 $ 5,316,055 5,310,790
Investment Total $ 5,811,000 $ 5,816,400 $ 5,810,790
Market Value Source Urnon Bank of Callforrna for the Bond and eConnectDirect com for the Certificates of Deposit - Helix Water District investments listed m this report comply with the California Government Codes 53600-53864 and the Districts Statement of Investment Policy - Sufficient funds are available to meet the Districts expenditure requirements for the next six months - Market Value of Certificates of Deposit rs shown at Principal value less any provided early withdrawal penalties as of 1/31/2016 - All CDs are 100% FDIC insured
Helix Water District Cash and Investment Allocation
January 31, 2016
Bond Reserve Fund
LAIF
$35,287,599
Total Cash and Investments:
CDs
Summary of Electronic Transfers
Transfer Transfer Trace Transfer Date Amount From To Number
1/7/2016 $ 314,330.01 Union Bank General Fund Union Bank Operating Fund UB-655479 1/13/2016 $ 3,860,901.45 Union Bank General Fund Union Bank Operating Fund UB-616059 1/20/2016 $ 1,280,537.49 Union Bank General Fund Union Bank Operating Fund UB-575505 1/28/2016 $ 1,028,339.54 Union Bank General Fund Union Bank Operating Fund UB-527475
Helix Water District Summary of District Funds
January 31, 2016 FISCAL
YEAR-TO-DATE
Beginning Fund Balance 06/30/15 $ 36,589,194
Net Operating Income 3,573,249 Capacity Fee Receipts 779,981 Net Private Projects/Meter lnstal. 2,166,033
Sub-Total 6,519,263
Construction Expenditures (3,650,494) Equipment Expenditures (809,841) Change In Receivable/Payables (3,360,523)
Sub-Total (7,820,858)
Ending Fund Balance 01/31/16 $ 35,287,599
6/30/2015 12/31/2015 1/31/2016 UNALLOCATED FUNDS Payroll Fund $ 449,351 $ 450,000 $ 448,855 IMPREST Fund 8,501 8,202 8,202 General Fund 9,739,569 11,006,047 12,248,082
Total Unallocated Funds 10,197,421 11,464,249 12,705, 139
FY 2015-16 FY 2015-16 FY 2015-16 SCH January Year to Date Budget Budget Total Appropriated # Description Expenditures Expenditures Amount Balance Expenditures By the Board
Water Use Totals in HCF 956,025 841,741 -12 0% 8,803,522 6,860,495 -221% ======::::::::::::==========================:::::::::::==========================I
WATER CHARGES IN USO 2014-2015 2015-2016 Increase (Decrease) Fiscal YTD % of Total Fiscal YTD % of Total $ %
Water Charges $35,456,936 775% $28,492,393 734% -$6,964,542 -19 6%
Meter Charges $10,300,060 225% $10,337,899 266% $37,838 04%
I t Ii !-'! ~ '" I ~ .. ...,, - - - - ll-- i------ - ~ -
- - - -
- - - - ~ -
- - - -
Feb Feb Mar Mar Apr Apr May May Jun Jun Jul Jul Aug Aug Sep Sep Oct Oct Nov Nov Dec Dec Jan Jan 14 15 14 15 14 15 14 15 14 15 14 15 14 15 14 15 14 15 14 15 14 15 15 16
Lake Jennings • Cuyamaca ED
El Capitan m
0 o :E 40 c: ;: 0 Li: 35
HWD Treatment Plant Production & System Demand 12 months ending January 2016
41,000 -1-~r;+ ~~.14:-1!-l-+-+~'--'-'+i+-':~:~~1'-'--+ 1+-ri--'-'+-+-+-1-+JTr-,--,i-++-+r~,--'--+,.+...-:i-+1-.~r+-~' +;+ 11~;~1-+;~,~.~:~~;·J--l.;~:~:'-+I l i ! . 1 ~ I ! ! f l i I i I ; ! l 1 ! ' i I . i
12 mo. Period ending Jan '15 = 33,264
12 mo. Period ending Jan '16 =
i I. i ", • l I • · ! ! , ' I I I "l I I' I , I;
'I
r"- i I i I I ! f ; , i l J i r -1 :"-· I ' ! t !
! ! 'I ; i i ! 27,785 ' I J l i ! 39,000 I j ! I''-.' i j I ! i I : l I I I f i I I • i; I I 11: l ! ! l
Percent Change = -16.5% l I i ! Ii r,· f I l J I 1 Ii 11 ; i : I i·l l
-·i l:} j ~-p-1{ ';: j ; • 1 ! ; l:; :. . : 'I
l ! i I, 37,000
! I
,1 i : J. I ! 111 l ! ; ; t ! l ; ! 1 J , I I; 1 j f ; I 'I I} I l i I,! r : 1 ! I i : ! j I,
i ! ; . t 1 ! 1 i 'I.! ! I l l l [
j Ji f i ! ii ,. I! ! J. 35,000 '. I l f I ! -l I t j l ! ~ ! ....... ; l I : I I l j
; i : i' J ! if! : . l ' i"'-.f ! J 'l I!.
'I i 1 !
'I' ' i i t : l ' !J fl ; !
I , -:- f,i._ ~ f ; ! : . I r II ! JI
l i , 11 1-,; 'rri
' j ! j : 1 \ ! i j J j i " ( ! ) ~ ! f l I : '., I • ~ ! I i , I i •T 1 ! I j j f
1l ll t·i j1l i t : ~.A:. 11 ti. . i T f I it! ~
I! j: , 4· I 11, I 'I, I'
t ' -. ....'...; ' I , 1 1 t 1·r,1 r 33,000 ·' I
' I I . ' I I ! ' i!" I : I I
\ i :.._
I' • i ! .j I i 1 I i 1 I I\, i I i I · l ! 1 l f ~; ! J
I.
l l ! i t f ! i - f t l -! J 1 · I ! ! \, t ~ f 1 1 ! - ~ 31,000 ' i ! i I , ! j i , i ! l 1 ; I l ~ , ; I l . : 1-,-'...w 1,-'--..++-,~-r+,:+-'-+--'--'--HH--'--i--+-++~~i~i+•--;c.---,.+-'-~;:+;-'-''-1--,.......w-i-....-'~·-:~-+ :.+-+t~'~'-r·:+ 11+---+--...+-rif-'-++J·~1~r--,.;,~H-+-+-....,<-+i+i4'~·'--'~I_ . ..._._.._,_
! i ; : 1 ; ; ; l: f i I : f t", !' i ! Ii 29,000 i' : ii I ' l . I ,·, 'I 'I I! f '\.. '' . f i '' Ii· ! 1 , I ii ! l If i 117"' 'i •• ,-.·r
I 1; ! !-, 27,000 I j ; f I I j : i. I ii l''' ' l: i ! ; , f I! ; j 11·! i -: i
HWD Monthly Demands {AF) 2015-16 Budgeted Demand Total = 27,700 AF
0 Jul Aug Sep Oct Nov Dec Feb Jan Mar Apr May Jun
Actual Year-to-Date = 16,015 Budgeted Year-to-Date = 16,908
Percent Change = -5.3%
HELIX WATER DISTRICT Setting standards of excellence in public service
BOARD REPORT
TO:
FROM:
Board of Directors
Carlos V. Lugo, General Manage~
James A. Tomasulo, Director of Engineering.<(' Milica K. Schipper, Engineering Manage~~ 51. l._. · Steve L. Geitz, Senior Right of Way AgenUEnvironmental Analyst .: \\/
February 17, 2016
INITIATED BY:
DATE:
SUBJECT: River Valley Equestrian Center Lease Renewal Helix Water District Lease 950 and Lease 1000
Strategic Focus Area:
Infrastructure
Recommendation:
The board authorize the general manager to execute one-year leases with River Valley Equestrian Center, LLC, identified as Lease 950 and Lease 1000.
Background:
Helix Water District has been leasing land to the River Valley Equestrian Center, LLC since May 2014, at which time the board authorized the assignment of the former Hering Ranch lease to River Valley. The most recent assigned lease term was 10 years, which expired February 1, 2016. Following this expiration date the lease converted to a month-to-month holdover. A one-year lease renewal is now proposed, with a potential for five one-year extensions.
The subject leasehold premises, identified as Lease Agreements No. 950 and No. 1000, were first leased to the Hering family in 1956. The leased lands are located east of Ashwood Street and south of the San Diego River flowage channel. Lease 1000 lands serve as a buffer between Ashwood Street, the county-owned lands to the south and a river flowage channel easement. Lease 950 lands are located immediately north of the 28-acre River Valley ranch and polo field private property. While also serving as a buffer to the river flowage channel and easement, these
leased lands help support operations at the ranch and polo field by providing trailer staging and parking, horse corals and an equestrian exercise area. The proposed lease renewal will have a total area of 21.6 acres and is located adjacent to the surplus properties currently under an option to sell to the San Diego River Conservancy.
California Water Code Section 22506 authorizes the district to lease any of its property as long as the lease purpose and the property lease terms are in the best interests of the district. Quarterly lease inspections, required per the existing lease terms, reveal that the leasehold premises are being well maintained and that the use and maintenance is consistent and in compliance with the lease agreements. Annual rent for this lease began at $1,675 in 2006 and currently stands at $1,925, due to the annual consumer price index increases, in accordance with the lease.
Staff recommends the board authorize the general manager to execute a one-year lease, with five one-year options to extend, at a rate of $2,000 per year, with rent to be adjusted annually by an amount equal to the consumer price index.
Attachments:
Aerial of Leasehold Premises Lease Document Drafts 2016
2 Z \Board Reports (Final)\2016\021716 River Valley Lease Renewal Final doc
VALLEY r.:=e:::.- ~ l··"·- ..... L).p __ ,..__ = = - ... ~ RIVER EQUESTRIAN LEASE
This Lease Agreement ("Lease") is entered into as of the __ day of , ____ , by and between HELIX WATER DISTRICT, existing and operating pursuant to the Irrigation District Law, Water Code Section 20500, et seq. (hereafter "Helix") and River Valley Equestrian, LLC (hereafter "Lessee").
RECITALS
Helix owns certain lands, which Lessee desires to lease. This Lease sets forth the terms and conditions upon which the Parties shall lease the lands.
AGREEMENT
The Parties do mutually agree as follows:
1. Property.
Pursuant to the terms and conditions herein, Helix hereby leases to Lessee and Lessee leases from Helix that certain real property (approximately 13. 7 acres) identified as Lease 950, situated in the County of San Diego, State of California, as described in Exhibit "A" and shown on the Exhibit "B" plot plan, each attached hereto and by this reference incorporated in ("Property").
2. Use.
Lessee's use of the property shall be limited to use for equestrian purposes, and other related activities. At the sole discretion of Helix and with prior written approval, Lessee is granted the option to provide those additional services and uses which are ancillary to and compatible with the use permitted herein.
Notwithstanding the provisions above, the Property shall not be used for storage of croplands.
3. Lease Term.
The term shall be for one ( 1) year, beginning on the first day of the calendar month following the date of execution of the Lease by Helix, with five one-year options to extend.
4. Annual Rent.
The initial rent shall be $1,350.00 per year, payable annually, in advance on or before January 1 of each year, assuming the one-year lease extension is sought and granted.
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5. Revision of Rent.
At the sole discretion of Helix, Rent may be increased at the beginning of the second year following execution of this Lease and every year thereafter, for the term of this Lease by an amount equal to the Consumer Price Index (CPI) for San Diego County. In the event the CPI is not used or published for the period for which the rent is adjusted and computed hereunder, or in the event that the Bureau of Labor Statistics of the U.S. Department of Labor should cease to publish said index figures, then any similar index published by any other branch or department of the U.S. Government shall be used and if none is so published, then another index, generally recognized and authoritative shall be substituted by Helix.
6. Security Deposit.
A security deposit in the sum of Two Thousand Five Hundred Dollars ($2,500) shall be provided to Helix by the Lessee. The Parties acknowledge that the amount of the security deposit is below industry standards. The security deposit shall take one of the forms set out below and shall guarantee Lessee's full and faithful performance of all the terms, covenants and conditions of this Lease:
A. Cash
B. The assignment to Helix of a savings deposit held in a financial institution in Orange, Los Angeles, or San Diego Counties acceptable to the General Manager. At the minimum, such assignment shall be evidenced by the delivery to the General Manager of the original passbook reflecting said savings deposit and a written assignment of said deposit to Helix in a form approved by the General Manager.
C. A Time Certificate of Deposit from a financial institution in Orange, Los Angeles or San Diego Counties wherein the principal sum is made payable to Helix. The General Manager must approve both the financial institution and the form of the certificate.
D. An instrument or instruments of credit from one or more financial institution in Orange, Los Angeles or San Diego Counties, subject to regulation by the state or federal government, pledging that funds necessary to secure performance of the Lease terms, covenants and conditions are on deposit and guaranteed for payment, and agreeing that said funds shall be trust funds securing Lessee's performance and that all or any part shall be paid to Helix upon demand by the General Manager. The General Manager must approve both the financial institution(s) and the form of the instrument(s).
E. A Faithful Performance Bond executed by a surety company, and issued in a form, reasonably approved by Helix's General Counsel. Under the bond, the surety company shall guarantee to Helix full and complete performance of all the terms, conditions and covenants herein to be performed on the part of the Lessee, including the payment of use fees, charges, rents, as well as any and all other payments. Said bond shall be maintained at the
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cost of the Lessee throughout the existence of this Lease. Said surety shall give the General Manager at least thirty (30) days prior written notice of cancellation or material change in said bond. Such cancellation or material changes without the General Manager's prior written consent shall constitute a default under this Lease.
7. County Permits, Environmental Compliance, and Reports.
Lessee agrees to take all required actions to secure any necessary land use permits from the County of San Diego for the use of the Property for the purposes contemplated by this Lease, including but not limited to all permits required for health and sanitation. Lessee shall be responsible for all CEQA compliance with regard to Lessee's use of the Property. Lessee shall provide Helix with copies of all County Permits, environmental compliance documents and reports within 15 days of the earlier of full execution of any document or delivery to Lessee.
8. Right to Enter Property.
It is particularly understood and agreed between the parties hereto that Helix reserves the right to enter upon the Property during the term of this Lease for any and all purposes in connection with its furnishing, impounding, and developing water supplies and the drilling of a well or wells on the Property including the installation of necessary pipelines, pumping equipment, and power lines in connection therewith. In the event that Helix chooses to pump water from the El Monte Basin and water becomes unavailable to Lessee, Helix shall not be responsible for any loss or damage incurred by Lessee due to loss of water, nor shall Helix be responsible for providing replacement water.
9. Improvements.
A. Lessee shall not construct or permit construction of any improvements on the Property except as herein specified without first securing the written consent of Helix. All buildings improvements and facilities (exclusive of trade fixtures) constructed or placed within the Property by Lessee must, upon completion, be free and clear of all liens, claims or liability for labor or material At Helix's option, such improvements shall be the property of Helix at the expiration of this Lease or upon earlier termination hereof.
B. Lessee shall not construct or place any improvements within ten (10) feet of the San Diego River Channel Bank.
10. Fencing.
Lessee, at Lessee's sole cost and expense, shall maintain all perimeter fencing in good condition, to the satisfaction of Helix. Lessee shall keep gates locked at all times when not in use. Helix will provide and maintain a Helix lock on all gates to allow unrestricted access by Helix to the leasehold premises.
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11 . Maintenance Obligations of Lessee.
A. Lessee shall, to the satisfaction of the General Manager, keep and maintain the Property and all improvements of any kind or improvements that may be erected, installed or made thereon in good condition and in repair, making such replacements as appropriate or necessary. It shall be Lessee's responsibility to take all steps necessary or appropriate to maintain such a standard of condition and repair.
B. As part of Lessee's obligation to maintain the Property in good condition, Lessee, expressly agrees, at its own expense, to keep the Property in a safe, neat, clean and orderly condition to the complete satisfaction of the General Manager. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal, acceptable to the General Manager, of all trash, garbage, weeds, and other refuse caused as a result of Lessee's operations on the Property. Trash includes, but is not limited to, vehicles, lumber, and other construction type materials; such as wire and barrels. Helix shall have the right to enter upon and inspect the Property at any time for cleanliness and safety.
12. Utilities.
Lessee shall cause, at its own expense, any construction, installation or relocation of any utility lines and meters needed for water, sewer, telephone, electricity or other utility service to the Property.
Lessee shall be responsible for and pay, prior to the delinquency date, all charges for utilities supplied to the Property.
13. Operational Requirements.
Lessee agrees to abide by the following operational conditions and requirements:
A. Pest Control. Lessee shall conduct equestrian operations to minimize nuisance and health hazards from mosquitoes, rodents, flies and other insects or pests. In this regard, the following and any additional requirements of the County's Department of Environmental Health shall be complied with:
1) Water shall not be allowed to stand.
2) Manure shall be collected a minimum of once a week during warm weather and once every two weeks at other times. Disposal shall be at a legal dumpsite.
3) Feed, grain, and similar type feeds shall be stored in rodent proof containers.
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4) The General Manager, at General Manager's sole discretion, may require additional action of Lessee to minimize nuisance and health hazards. Lessee shall take such required additional action upon written notice from General Manager.
5) Lessee may utilize pest control methods approved by the General Manager or his or her designee.
B. Security of Property. Lessee shall have one designated representative on the Property at all times to supervise Lessee's operation and to provide needed maintenance and security services. The name of the onsite representative(s) and current telephone number shall be provided by Lessee to the General Manager.
14. Insurance.
Lessee shall not commence work under this Lease until it has obtained all insurance required under this Lease and Helix has approved such insurance. All deductibles or Self Insurance Retentions ("SIR's") over $25,000 and $5,000 for automobile liability must be approved by the General Manager.
Helix shall retain the right at any time to review the coverage, form, and amount of the insurance required herein. If, in the opinion of Helix, the insurance provisions in this Lease do not provide adequate protection for Helix, Helix may require Lessee to obtain insurance sufficient in coverage, form, and amount to provide adequate protection to Helix. Helix's requirements shall be reasonable and shall be designed to assure protection from and against the kind and extent of risks, which exist at the time a change in insurance is required.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an AM Best's rating of A- or better and a minimum financial size of VII. If insurer provided is a non admitted carrier in the State of California, the General Manager retains the right to accept or reject insurer after a review of the insurer's performance and financial ratings.
14.1. Coverage Required/Minimum Coverage Limits.
Minimum limits of coverage for Lessee under this Lease shall be for the minimum limits of liability specified below, or as required by law, whichever is greater. Lessee shall also ensure that each subcontractor performing work under this Lease shall maintain such insurance as will protect Lessee from the claims set forth below which may arise out of or result from their work performed under this Lease:
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Coverage
A. Commercial General Liability to include broad form property damage, contractual liability and products liability.
Minimum Limits
$1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate
$1,000,000 per occurrence for all covered losses and no less than $3,000,000 aggregate
Lessee shall insure all leased buildings facilities, and improvements to at least 90% of value using a Replacement Cost Special Form insurance policy
$1,000,000 combined single limit per occurrence
Statutory benefits as required by Law with employer's liability limits no less than $1,000,000 per accident or disease
All insurance policies required by this Lease shall be primary insurance, and any insurance maintained by Helix shall be excess and non-contributing with insurance provided by these policies.
B. Commercial Equine Liability to include coverage for care, custody, and control of horses.
All liability policies (except Workers' Compensation) shall name Helix as an additional insured.
C. Fire and Extended Coverage
All policies shall waive any right of subrogation against Helix.
D. Automobile Liability (to cover all owned, non-owned and hired vehicles)
Liability policies shall allow for a Separation of Insureds.
E. Workers' Compensation
Each property insurance policy shall name Helix as a loss payee.
14.2. Endorsement of Helix's Interest.
All liability certificates of insurance shall have an original, signed (when it contains a signature line) Endorsement Form, which is separate from the Certificate of Insurance. The endorsement must reference the policy number. The endorsement must accompany the Certificate of Insurance. It is not sufficient to just list this information on the Certificate of Insurance. The following are the specific endorsement requirements:
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A. Endorsements for Commercial General Liability, Commercial Equine Liability, Excess Liability (when applicable) and Automobile Liability policies:
Helix is added as additional insured under this policy in respect to any matter arising under, growing out of, or in any manner connected with the named insured's operations at or from the Property leased from Helix.
"Helix shall not by reason of its inclusion as additional insured under this policy incur any obligation or liability to the insurer for payment of premium for these policies."
B. Endorsements for Commercial General Liability, Excess Liability (when applicable).
"The insurance provided by this policy is primary, and it is agreed that any insurance available to Helix will apply in excess of, and not contribute with, insurance provided by this policy."
C. Endorsement for Workers' Compensation
"All rights of subrogation are hereby waived against Helix and elective or appointive officials, officers or employees, when acting within the scope of their employment or appointment."
D. Endorsement for ALL Policies
"This insurance shall not be canceled, reduced, or limited in scope of coverage or non-renewed until after 30 days written notice has been given to Helix (General Manager, 7811 University Avenue La Mesa, CA 91942)."
When the standard ACORD Corporation certificate forms are used, the cancellation clause must be modified to cross out or remove "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" per the following sample:
"Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named to the left."
14.3. Requirements/Notifications/Process.
Lessee agrees to deposit with the General Manager, at or before the effective date of this Lease, written evidence satisfactory to Helix that all insurance provisions have been complied with. Such written evidence will consist of certificates of insurance issued by authorized representatives of the insurers, which provide complete and sufficient detail to satisfy the General Manager that all insurance provisions have been complied with.
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Lessee agrees to keep such insurance in force and current certificates and endorsements on deposit with the General Manager through the completion of this Lease. Thirty (30) days prior to the expiration date of each policy required under this Lease, Lessee shall provide necessary certificates and endorsements to the General Manager for the upcoming renewal period. Any corrections or modifications required to these certificates and endorsements shall be provided to the General Manager prior to the insurance policy expiration date.
15. Indemnification.
To the fullest extent permitted by law, Lessee shall, at the Lessee's sole expense and with counsel reasonably acceptable to Helix, defend, indemnify, and hold harmless Helix; its officers, and employees. Agents from and against all claims, (including demands, losses, actions, causes of action, damages, liabilities, expenses, charges, assessments, fines or penalties of any kind, and costs including consultant and expert fees, court costs and attorney's fees) from any cause, arising out of or relating (directly or indirectly) to this Lease including without limitation:
A. The use or occupancy, or manner of use or occupancy, of the Property by the Lessee;
B. Any act, error, omission, or negligence of the Lessee or any of the Lessee's invitee, guests, contractors, or licensees in, on, or about the Property;
C. Lessee's conducting of its business;
D. Any alterations, activities, work or things done, omitted, permitted, allowed or suffered by the Lessee m at or about the Property, including the violation of or failure to comply with any applicable laws, statutes, ordinances, standards, rules, regulations, orders, decrees, or judgments in existence on the Lease Commencement Date or enacted, promulgated, or issued after the date of this Lease; and
E. Any breach or default in performance of any obligation on the Lessee's part to be performed under this Lease, whether before or during the Lease Term or after its expiration or earlier termination.
This indemnification extends to and includes, without limitation, claims for:
A. Injury to any persons (including death at any time resulting from that injury);
B. Loss of, injury or damage to, or destruction of property (including loss of use at any time resulting from that loss, injury, damage or destruction); and
C. All economic losses and consequential or resulting damage of any kind.
Lessee's indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease until all claims against Helix involving any of the
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indemnified matters are fully, finally and absolutely barred by the applicable statutes of limitations.
The indemnification provisions above shall not apply to claims resulting from the sole negligence or willful misconduct of Helix in connection with Helix's activities in, on, or about the Property except when such claim is:
A. For damage to the Lessee's improvements and Lessee's personal property, trade fixtures, furniture and equipment in the Property and,
B. Covered by the insurance the Lessee is required to maintain under this Lease.
The prevailing party shall be entitled to recover its actual attorney's fees and court costs incurred in enforcing the indemnification provisions set forth in this section.
16. Assignment, Subletting and Encumbering by Lessee Prohibited.
Any mortgage, pledge, hypothecation, encumbrance, transfer, lease, or assignment (hereinafter in this clause referred to collectively as "Encumbrance") of Lessee's interest in the Property, or any part or portion thereof without the prior written approval of Helix is prohibited. Helix may reasonably withhold such approval. Any attempted Encumbrance, without such prior written approval, shall be null and void and shall confer no right, title or interest in or to this Lease.
Lessee acknowledges that nothing in this Lease shall prohibit Helix from transferring or assigning its interest in this Lease, the Master Lease, or any other subsequent lease.
17. Termination.
Helix may terminate this Lease at any time for a public purpose, upon giving 90- day written notice to Lessee. Lessee may terminate this Lease at any time for economic hardship, upon giving 90-day prior written notice to Helix
If this Lease is terminated before the term expires, for any of the reasons set forth above, Helix shall have no further obligations or liabilities to Lessee, and in no event shall Helix be liable or responsible to Lessee for the cost of any improvements undertaken by Lessee. Notwithstanding the foregoing, if Helix terminates the lease for a public purpose prior to the expiration of the Lease Term, and Lessee has constructed permitted substantial permanent improvements, Helix may, at its own discretion, amortize the cost of such improvements.
18. Default In Terms of the Lease by Lessee.
The occurrence of any one or more of the following events shall constitute a default hereunder by Lessee:
A. The abandonment or vacation of the Property by Lessee.
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B. The failure by Lessee to make any payment of rent or any other sum payable hereunder by Lessee, as and when due, where such failure shall continue for a period of thirty (30) days after written notice thereof from Helix to Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 et seq.
C. The failure or inability by Lessee to observe or perform any of the provisions of this Lease to be observed or performed by Lessee, other than specified in (A) or (B) above, where such failure shall continue for a period of ten (10) days after written notice thereof from Helix to Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 et seq.; provided, further, that if the nature of such failure is such that it can be cured by Lessee, but that more than ten (10) days are reasonably required for its cure (for any reason other than financial inability), then Lessee shall not be deemed to be in default if Lessee shall commence such cure within said ten (10) days, and thereafter diligently prosecutes such cure to completion.
D. (i) The making by Lessee of any general assignment for the benefit of creditors; (it) a case is commenced by or against Lessee under Chapters 7, 11 or 13 of the Bankruptcy Code, Title 11 of the United States Code as now in force or hereafter amended and if so commenced against Lessee, the same is not dismissed within sixty (60) days; (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Property or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days; or (iv) Lessee's convening of a meeting of its creditors or any class thereof for the purpose of affecting a moratorium upon or composition of its debts. In the event of any such default, neither this Lease nor any interests of Lessee in and to the Property shall become an asset rn any of such proceedings and, in any such event and in addition to any and all rights or remedies of Helix hereunder or by law; provided, it shall be lawful for Helix to declare the term hereof ended and to re-enter the Property and take possession thereof and remove all persons there from, and Lessee and its creditors (other than Helix) shall have no further claim thereon or hereunder.
In the event of any default by Lessee, then, in addition to any other remedies available to Helix at law or in equity, Helix may exercise the following remedies:
A. Helix may terminate this Lease and all rights of Lessee hereunder by giving written notice of such termination to Lessee. In the event that Helix shall so elect to terminate this Lease, then Helix may recover from Lessee:
1) The worth at the time of termination of the unpaid rent, which had accrued as of the date of the termination hereof;
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2) The worth at the time of termination of the amount by which the unpaid rent which would have accrued after the date of the termination hereof until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided;
3) The worth at the time of termination of the amount by which the unpaid rent for the balance of the term hereof after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided;
4) Any other amount necessary to compensate Helix for all the detriment approximately caused by Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, the cost of recovering possession of the Property, expenses of re-letting, including necessary repair, renovation and alteration of the Property, reasonable attorneys' fees, expert witness costs, and any other reasonable costs; and
5) Any other amount that Helix may by law hereafter be permitted to recover from Lessee to compensate Helix for the detriment caused by Lessee's default.
The term "rent" as used herein shall be deemed to be and to mean the rent required to be paid by Lessee pursuant to the terms of this Lease. The rent shall be computed on a monthly basis thereof accruing during period immediately prior to default. As used in sub paragraphs 1) and 2) above, the "worth at the time of termination" shall be computed by allowing interest at the maximum rate permitted by law. As used in subparagraph 3) above, the "worth at the time of award" shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1 percent), but not in excess of ten percent (10 percent) per annum.
B. Continue this Lease in effect without terminating Lessee's right to possession even though Lessee has breached this Lease and abandoned the Property and to enforce all of Helix's rights and remedies under this Lease, at law or in equity, including the right to recover the rent as it becomes due under this Lease; provided, however, that Helix may at any time thereafter elect to terminate this Lease for such previous breach by notifying Lessee in writing that Lessee's right to possession of the Property has been terminated.
C. Nothing in this Section shall be deemed to affect Lessee's indemnity of Helix liability or liabilities based upon occurrences prior to the termination of this Lease for personal injuries or property damage under the indemnification clause or clauses contained in this Lease.
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No delay or omission of Helix to exercise any right or remedy shall be construed as a waiver of such right or remedy or any default by Lessee hereunder. The acceptance of Helix of rent hereunder shall not be (i) a waiver of any preceding breach or default by Lessee of any provision thereof, other than the failure of Lessee to pay the particular rent or sum accepted, regardless of Helix's knowledge of such preceding breach or default at the time of acceptance of such rent or sum, or (ii) waiver of Helix's right to exercise any remedy available to Helix by virtue of such breach or default. No act or thing done by Helix or Helix's agents during the term of this Lease shall be deemed an acceptance of a surrender of the Property, and no agreement to accept a surrender shall be valid unless m writing and signed by Helix.
Any installment or rent due under this Lease or any other sums not paid to Helix when due ( other than interest) shall bear interest at the maximum rate allowed by law from the date such payment is due until paid, provided, however, that the payment of such interest shall not excuse or cure the default.
All covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee at Lessee's sole cost and expenses and without any abatement of rent. If Lessee shall fail to pay rent required to be paid hereunder or shall fail to perform any other act on its part to be performed hereunder, or to provide any insurance or evidence of insurance to be provided by Lessee, then in addition to any other remedies provided herein, Helix may, but shall not be obligated to do so, and without waiving or releasing Lessee from any obligations of Lessee, make any such payment or perform any such act on Lessee's part to be made or performed as provided in this Lease or to provide such insurance. Any payment or performance of any act or the provision of any such insurance by Helix on Lessee's behalf shall not give rise to any responsibility of Helix to continue making the same or similar payments or performing the same or similar acts. All costs, expenses, and other sums incurred or paid by Helix in connection therewith, together with interest at the maximum rate permitted by law from the date incurred or paid by Helix shall be deemed to be additional rent hereunder and shall be paid by Lessee with and at the same time as the next monthly installment of rent hereunder, and any default therein shall constitute a breach of the covenants and conditions of this Lease.
19. Water Well(s).
Any proposed drilling and installation of a water well by Lessee must be addressed under a separate addendum to Lease Agreement. Lessee is required to seek Helix's review and approval of proposed plans prior to any drilling onsite.
20. Survey Monuments.
Lessee shall not alter any Helix survey monuments that may exist on the Property.
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21. Hazardous Materials.
Definition of Hazardous Materials. For purposes of this Lease, the term "Hazardous Material" or "Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct or waste which is or shall become regulated by any governmental entity, including, without limitation, Helix, acting in its governmental capacity, the State of California or the United States government.
Use of Hazardous Materials. Lessee or Lessee's employees, agents, independent contractors or invitees ( collectively "Lessee Parties") shall not cause or permit any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from or about the Property (which for purposes of this clause shall include the subsurface soil and ground water). Notwithstanding the foregoing, Lessee may keep on or about the Property small quantities of Hazardous Materials that are used in the ordinary, customary, and lawful cleaning of and business operations on the Property. Said permitted Hazardous Materials shall be stored in a suitable, safe location and shall be disposed of in a manner provided by law.
Government Authorization Required. Lessee acknowledges that the storage and/or use of ANY toxic, hazardous, or flammable materials shall require the prior approval of the Government in accordance with 10 United States Code (USC) Sec. 2692. This requirement also applies to small quantities of Hazardous Materials that are used in the ordinary, customary, and lawful cleaning of and business operations on the Property.
Lessee shall submit for the General Manager's approval a detailed inventory of all toxic, hazardous and flammable substances which are proposed to be used and stored on the Property, including the quantities and the measures taken to ensure safe storage of the materials thereof, in accordance with 10 USC Sec. 2692.
Lessee Obligations. If the presence of any Hazardous Materials on, under or about the Property caused or permitted by Lessee or Lessee Parties results in (i) injury to any person, (ii) damage to or contamination of the Property (or a portion thereof), or (iii) to or contamination of any real or personal property wherever situated, Lessee shall immediately notify the General Manager of said damages, and/or contamination and/or injuries, and Lessee, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the Property to the condition existing prior to the introduction of such Hazardous Materials to the Property and to remedy or repair any such injury, damage, or contamination. Without limiting any other rights or remedies of Helix under this Lease, Lessee shall pay the cost of any cleanup, repair, or remedial work performed on, under or about the Property as required by this Lease or by applicable laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or permitted by Lessee or Lessee Parties. Notwithstanding the foregoing, Lessee shall not take any remedial action in response to the presence, discharge or release, of any Hazardous Materials on, under or about the Property caused or permitted by Lessee or Lessee Parties, or enter into any settlement
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agreement, consent decree or other compromise with any governmental or quasi governmental entity without first obtaining the prior written consent of Helix. All work performed or caused to be performed by Lessee as provided for above shall be done in professional and workmanlike manner and in compliance with plans, specifications, permits, and other requirements for such work approved by Helix.
Indemnification for Hazardous Materials. To the fullest extent permitted by law, Lessee hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to Helix) Helix, its elected officials, officers, employees, agents and independent contractors from and against any and all liabilities, losses, damages (including, but not limited to, damages for the loss or restriction on use of rentable or usable space or any amenity of the Property or damages arising from any adverse impact on marketing of the Property), diminution in the value of the Property, judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys' fees, disbursements and court costs and all other professional or consultant's expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Property by Lessee or Lessee's Agents. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean up or detoxification of the Property and the preparation of any closure or other required plans.
22. Use of Herbicides. Pesticides. and Fertilizers Prohibited.
Lessee shall not use herbicides, pesticides, and fertilizers on the Property unless they have been identified and approved by Helix in writing prior to their use.
Herbicide, pesticide, and fertilizer use and storage shall be subject to Section 21 of this Lease.
23. Unlawful Use.
Lessee agrees no improvements shall be erected, placed upon, operated, nor maintained within the Property, nor any business conducted or carried on therein or there from, in violation of the terms of this Lease, or any regulation, order of law, statute, bylaw or ordinance of a governmental agency having jurisdiction.
At no time shall Lessee accumulate, store, or otherwise retain, illegal materials, products, or substances on the Property.
24. Inspection.
Helix shall conduct quarterly inspections of the Property. Such inspections shall occur in March, June, September and December. Notwithstanding the quarterly inspections, Helix or its authorized representative, shall have the right at all reasonable times to inspect the Property to determine if the provisions of this Lease are being complied with.
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Helix will provide Lessee with a copy of its inspection report, and notify Lessee of any deficiencies found.
25. Entire Agreement; Amendments.
This Lease constitutes the entire agreement between the parties and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Lease shall be made in writing.
26. Holding Over.
Any holding over after the expiration of this Lease shall be deemed to be on a month-to-month tenancy. Such tenancy will be governed by the conditions and covenants contained in this Lease.
27. Taxable Property Interest.
This Lease may create a taxable property interest in the Property. Lessee's property interest created by this Lease may be subject to property taxation pursuant to Revenue and Tax Code Section 107.5. Lessee shall be responsible for the payment of all taxes and assessments levied on such interest attributable to its interest in the Property levied by a legal authority.
28. Covenant of Right to Quiet Enjoyment.
Helix covenants that Lessee, by complying with the conditions and covenants contained in this Lease shall peaceably and quietly enjoy the Property for the duration of this Lease.
29. Attorney's Fees.
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
30. Governing Law and Venue.
This Lease shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Lease, the action shall be brought in a court of competent jurisdiction situated in the County of San Diego, California and the parties hereto agree and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394.
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31. Notices.
All notices pursuant to this Lease shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be sent through the United States mail in the State of California, duly registered or certified, return receipt requested, with postage prepaid. If any notice is sent by registered or certified mail, as aforesaid, the same shall be deemed to have been served or delivered twenty four (24) hours after mailing thereof as above provided. Notwithstanding the above, Helix may also provide notices to Lessee by personal delivery or by regular mail and any such notice so given shall be deemed to have been given upon receipt.
To Helix: Helix Water District 7811 University Avenue La Mesa, CA 91942
To Lessee: River Valley Equestrian, LLC c/o Darin and Nicole Bankhead 9104 Sold in Lane El Cajon, CA 92021
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date written above.
HELIX WATER DISTRICT
By: _ Carlos V. Lugo, General Manager
RIVER VALLEY EQUESTRIAN, LLC
By:~~~~~~~~~~~ Darin Bankhead
By: _ Nicole Bankhead
APPROVED AS TO FORM:
General Counsel, Helix Water District
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EXHIBIT "A"
DESCRIPTION OF HELIX WATER DISTRICT'S LAND
REFERRED TO IN LEASE TO RIVER VALLEY EQUESTRIAN LEASE #950
ALL THAT PORTION OF THE TIMBER RESERVE OF EL CAJON VALLEY COMPANY'S LAND, MAP 289, DESCRIBED AS FOLLOWS:
THAT PORTION OF SAID TIMBER RESERVE LAND LYING SOUTHERLY OF THE 300 FOOT WIDE FLOWAGE EASEMENT GRANTED TO THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT RECORDED OCTOBER 22, 1974, AT FILE/PAGE 74- 282779 AND NORTHERLY OF THE RIVER VALLEY EQUESTRIAN LAND, PER DEED RECORDED MAY 30, 2014, AS FILE/PAGE NO. 2014-0223120, AND EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHWEST CORNER OF SAID RIVER VALLEY EQUESTRIAN LAND; THENCE NORTH 9°11 '07" WEST TO THE SOUTH LINE OF SAID FLOWAGE EASEMENT.
AND WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID RIVER VALLEY EQUESTRIAN PROPERTY DISTANT 513.69 FEET FROM THE NORTHEAST CORNER OF SAID PROPERTY; THENCE NORTH 13°14'35" EAST TO THE SOUTH LINE OF SAID FLOWAGE EASEMENT.
N.\./. CORNER OF RIVER VALLEY EQUESTRIAN PROPERTY
N
s 1 '=300'
E x H I B I T II B II LEASE 950-LEASEHDLD PREMISES
~ ~ ~ FLOWAGE EASEMib!l-----~~~~-
N.E. CORNER OF RIVER VALLEY EQUESTRIAN PROPERTY
RIVER VALLEY EQUESTRIAN PROPERTY
LEASE AGREEMENT- LEASE 1000
This Lease Agreement ("Lease") is entered into as of the __ day of , ____ , by and between HELIX WATER DISTRICT, existing and operating pursuant to the Irrigation District Law, Water Code Section 20500, et seq. (hereafter "Helix") and River Valley Equestrian, LLC (hereafter "Lessee").
RECITALS
Helix owns certain lands, which Lessee desires to lease. This Lease sets forth the terms and conditions upon which the Parties shall lease the lands.
AGREEMENT
The Parties do mutually agree as follows:
1. Property.
Pursuant to the terms and conditions herein, Helix hereby leases to Lessee and Lessee leases from Helix that certain real property (approximately 7.9 acres) identified as Lease 1000, situated in the County of San Diego, State of California, as described in Exhibit "A" and shown on the Exhibit "B" plot plan, each attached hereto and by this reference incorporated in ("Property").
2. Use.
Lessee's use of the property shall be limited to use for equestrian purposes, and other related activities. At the sole discretion of Helix and with prior written approval, Lessee is granted the option to provide those additional services and uses which are ancillary to and compatible with the use permitted herein.
Notwithstanding the provisions above, the Property shall not be used for storage of croplands.
3. Lease Term.
The term shall be for one (1) year, beginning on the first day of the calendar month following the date of execution of the Lease by Helix, with five one-year options to extend.
4. Annual Rent.
The initial rent shall be $650.00 per year, payable annually, in advance on or before January 1 of each year, assuming the one-year lease extension is sought and granted.
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5. Revision of Rent.
At the sole discretion of Helix Rent may be increased at the beginning of the second year following execution of this Lease and every year thereafter, for the term of this Lease by an amount equal to the Consumer Price Index (CPI) for San Diego County. In the event the CPI is not used or published for the period for which the rent is adjusted and computed hereunder, or in the event that the Bureau of Labor Statistics of the U.S. Department of Labor should cease to publish said index figures, then any similar index published by any other branch or department of the U.S. Government shall be used and if none is so published, then another index generally recognized and authoritative shall be substituted by Helix.
6. Security Deposit.
A security deposit in the sum of Two Thousand Five Hundred Dollars ($2,500) shall be provided to Helix by the Lessee. The Parties acknowledge that the amount of the security deposit is below industry standards. The security deposit shall take one of the forms set out below and shall guarantee Lessee's full and faithful performance of all the terms, covenants and conditions of this Lease:
A. Cash
B. The assignment to Helix of a savings deposit held in a financial institution in Orange, Los Angeles, or San Diego Counties acceptable to the General Manager. At the minimum, such assignment shall be evidenced by the delivery to the General Manager of the original passbook reflecting said savings deposit and a written assignment of said deposit to Helix in a form approved by the General Manager.
C. A Time Certificate of Deposit from a financial institution in Orange, Los Angeles or San Diego Counties wherein the principal sum is made payable to Helix. The General Manager must approve both the financial institution and the form of the certificate.
D. An instrument or instruments of credit from one or more financial institution in Orange, Los Angeles or San Diego Counties, subject to regulation by the state or federal government, pledging that funds necessary to secure performance of the Lease terms, covenants, and conditions are on deposit and guaranteed for payment, and agreeing that said funds shall be trust funds securing Lessee's performance and that all or any part shall be paid to Helix upon demand by the General Manager. The General Manager must approve both the financial institution(s) and the form of the instrument(s).
E. A Faithful Performance Bond executed by a surety company, and issued in a form, reasonably approved by Helix's General Counsel. Under the bond, the surety company shall guarantee to Helix full and complete performance of all the terms, conditions and covenants herein to be performed on the part of the Lessee, including the payment of use fees, charges, rents, as well as any and all other payments. Said bond shall be maintained at the
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cost of the Lessee throughout the existence of this Lease. Said surety shall give the General Manager at least thirty (30) days prior written notice of cancellation or material change m said bond. Such cancellation or material changes without the General Manager's prior written consent shall constitute a default under this Lease.
7. County Permits, Environmental Compliance, and Reports.
Lessee agrees to take all required actions to secure any necessary land use permits from the County of San Diego for the use of the Property for the purposes contemplated by this Lease, including but not limited to all permits required for health and sanitation. Lessee shall be responsible for all CEQA compliance with regard to Lessee's use of the Property. Lessee shall provide Helix with copies of all County Permits, environmental compliance documents and reports within 15 days of the earlier of full execution of any document or delivery to Lessee.
8. Right to Enter Property.
It is particularly understood and agreed between the parties hereto that Helix reserves the right to enter upon the Property during the term of this Lease for any and all purposes in connection with its furnishing, impounding, and developing water supplies and the drilling of a well or wells on the Property including the installation of necessary pipelines, pumping equipment, and power lines in connection therewith. In the event that Helix chooses to pump water from the El Monte Basin and water becomes unavailable to Lessee, Helix shall not be responsible for any loss or damage incurred by Lessee due to loss of water, nor shall Helix be responsible for providing replacement water.
9. Improvements.
A. Lessee shall not construct or permit construction of any improvements on the Property except as herein specified without first securing the written consent of Helix. All buildings improvements and facilities (exclusive of trade fixtures) constructed or placed within the Property by Lessee must, upon completion, be free and clear of all liens, claims or liability for labor or material At Helix's option, such improvements shall be the property of Helix at the expiration of this Lease or upon earlier termination hereof.
B. Lessee shall not construct or place any improvements within ten (10) feet of the San Diego River Channel Bank.
10. Fencing.
Lessee, at Lessee's sole cost and expense, shall maintain all perimeter fencing in good condition, to the satisfaction of Helix. Lessee shall keep gates locked at all times when not in use. Helix will provide and maintain a Helix lock on all gates to allow unrestricted access by Helix to the leasehold premises.
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11. Maintenance Obligations of Lessee.
A. Lessee shall, to the satisfaction of the General Manager, keep and maintain the Property and all improvements of any kind or improvements that may be erected, installed or made thereon in good condition and in repair, making such replacements as appropriate or necessary. It shall be Lessee's responsibility to take all steps necessary or appropriate to maintain such a standard of condition and repair.
B. As part of Lessee's obligation to maintain the Property in good condition, Lessee, expressly agrees, at its own expense, to keep the Property in a safe, neat, clean and orderly condition to the complete satisfaction of the General Manager. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal, acceptable to the General Manager, of all trash, garbage, weeds, and other refuse caused as a result of Lessee's operations on the Property. Trash includes, but is not limited to, vehicles, lumber, and other construction type materials; such as wire and barrels. Helix shall have the right to enter upon and inspect the Property at any time for cleanliness and safety.
12. Utilities.
Lessee shall cause, at its own expense, any construction, installation, or relocation of any utility lines and meters needed for water, sewer, telephone, electricity, or other utility service to the Property.
Lessee shall be responsible for and pay, prior to the delinquency date, all charges for utilities supplied to the Property.
13. Operational Requirements.
Lessee agrees to abide by the following operational conditions and requirements:
A. Pest Control. Lessee shall conduct equestrian operations to minimize nuisance and health hazards from mosquitoes, rodents, flies and other insects or pests. In this regard, the following and any additional requirements of the County's Department of Environmental Health shall be complied with:
1) Water shall not be allowed to stand.
2) Manure shall be collected a minimum of once a week during warm weather and once every two weeks at other times. Disposal shall be at a legal dumpsite.
3) Feed, grain, and similar type feeds shall be stored in rodent proof containers.
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4) The General Manager, at General Manager's sole discretion, may require additional action of Lessee to minimize nuisance and health hazards. Lessee shall take such required additional action upon written notice from General Manager.
5) Lessee may utilize pest control methods approved by the General Manager or his or her designee.
B. Security of Property. Lessee shall have one designated representative on the Property at all times to supervise Lessee's operation and to provide needed maintenance and security services. The name of the on-site representative(s) and current telephone number shall be provided by Lessee to the General Manager.
14. Insurance.
Lessee shall not commence work under this Lease until it has obtained all insurance required under this Lease and Helix has approved such insurance. All deductibles or Self Insurance Retentions ("SIR's") over $25,000 and $5,000 for automobile liability must be approved by the General Manager.
Helix shall retain the right at any time to review the coverage, form, and amount of the insurance required herein. If, in the opinion of Helix, the insurance provisions in this Lease do not provide adequate protection for Helix, Helix may require Lessee to obtain insurance sufficient in coverage, form, and amount to provide adequate protection to Helix. Helix's requirements shall be reasonable and shall be designed to assure protection from and against the kind and extent of risks, which exist at the time a change in insurance is required.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers m the State of California and with an AM Best's rating of A- or better and a minimum financial size of VII. If insurer provided is a non admitted carrier in the State of California, the General Manager retains the right to accept or reject insurer after a review of the insurer's performance and financial ratings.
14.1. Coverage Required/Minimum Coverage Limits.
Minimum limits of coverage for Lessee under this Lease shall be for the minimum limits of liability specified below, or as required by law, whichever is greater. Lessee shall also ensure that each subcontractor performing work under this Lease shall maintain such insurance as will protect Lessee from the claims set forth below which may arise out of or result from their work performed under this Lease:
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E.
Coverage
A. Commercial General Liability to include broad form property damage, contractual liability and products liability.
Minimum Limits
$1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate
$1,000,000 per occurrence for all covered losses and no less than $3,000,000 aggregate
Lessee shall insure all leased buildings facilities, and improvements to at least 90% of value using a Replacement Cost Special Form insurance policy
$1,000,000 combined single limit per occurrence
Statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease
All insurance policies required by this Lease shall be primary insurance, and any insurance maintained by Helix shall be excess and non-contributing with insurance provided by these policies.
B. Commercial Equine Liability to include coverage for care, custody, and control of horses.
All liability policies (except Workers' Compensation) shall name Helix as an additional insured.
C. Fire and Extended Coverage
All policies shall waive any right of subrogation against Helix.
D. Automobile Liability (to cover all owned, non-owned and hired vehicles)
Liability policies shall allow for a Separation of Insureds.
Workers' Compensation
Each property insurance policy shall name Helix as a loss payee.
14.2. Endorsement of Helix's Interest.
All liability certificates of insurance shall have an original, signed (when it contains a signature line) Endorsement Form, which is separate from the Certificate of Insurance. The endorsement must reference the policy number. The endorsement must accompany the Certificate of Insurance. It is not sufficient to just list this information on the Certificate of Insurance. The following are the specific endorsement requirements:
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A. Endorsements for Commercial General Liability, Commercial Equine Liability, Excess Liability (when applicable) and Automobile Liability policies:
Helix is added as additional insured under this policy in respect to any matter arising under, growing out of, or in any manner connected with the named insured's operations at or from the Property leased from Helix.
"Helix shall not by reason of its inclusion as additional insured under this policy incur any obligation or liability to the insurer for payment of premium for these policies."
B. Endorsements for Commercial General Liability, Excess Liability (when applicable).
"The insurance provided by this policy is primary, and it is agreed that any insurance available to Helix will apply in excess of, and not contribute with, insurance provided by this policy."
C. Endorsement for Workers' Compensation
"All rights of subrogation are hereby waived against Helix and elective or appointive officials, officers or employees, when acting within the scope of their employment or appointment."
D. Endorsement for ALL Policies
"This insurance shall not be canceled, reduced, or limited in scope of coverage or non-renewed until after 30 days written notice has been given to Helix (General Manager, 7811 University Avenue La Mesa, CA 91942)."
When the standard ACORD Corporation certificate forms are used, the cancellation clause must be modified to cross out or remove "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" per the following sample:
"Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named to the left."
14.3. Requirements/Notifications/Process.
Lessee agrees to deposit with the General Manager, at or before the effective date of this Lease, written evidence satisfactory to Helix that all insurance provisions have been complied with. Such written evidence will consist of certificates of insurance issued by authorized representatives of the insurers, which provide complete and sufficient detail to satisfy the General Manager that all insurance provisions have been complied with.
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Lessee agrees to keep such insurance in force and current certificates and endorsements on deposit with the General Manager through the completion of this Lease. Thirty (30) days prior to the expiration date of each policy required under this Lease, Lessee shall provide necessary certificates and endorsements to the General Manager for the upcoming renewal period. Any corrections or modifications required to these certificates and endorsements shall be provided to the General Manager prior to the insurance policy expiration date.
15. Indemnification.
To the fullest extent permitted by law, Lessee shall, at the Lessee's sole expense and with counsel reasonably acceptable to Helix, defend, indemnify, and hold harmless Helix; its officers, and employees. Agents from and against all claims, (including demands, losses, actions, causes of action, damages, liabilities, expenses, charges, assessments, fines or penalties of any kind, and costs including consultant and expert fees, court costs and attorney's fees) from any cause, arising out of or relating (directly or indirectly) to this Lease including without limitation:
A. The use or occupancy, or manner of use or occupancy, of the Property by the Lessee;
B. Any act, error, omission, or negligence of the Lessee or any of the Lessee's invitee, guests, contractors, or licensees in, on, or about the Property;
C. Lessee's conducting of its business;
D. Any alterations, activities, work or things done, omitted, permitted, allowed or suffered by the Lessee in at or about the Property, including the violation of or failure to comply with any applicable laws, statutes, ordinances, standards, rules, regulations, orders, decrees, or judgments in existence on the Lease Commencement Date or enacted, promulgated, or issued after the date of this Lease; and
E. Any breach or default in performance of any obligation on the Lessee's part to be performed under this Lease, whether before or during the Lease Term or after its expiration or earlier termination.
This indemnification extends to and includes, without limitation, claims for:
A. Injury to any persons (including death at any time resulting from that injury);
B. Loss of, injury or damage to, or destruction of property (including loss of use at any time resulting from that loss, injury, damage or destruction); and
C. All economic losses and consequential or resulting damage of any kind.
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Lessee's indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease until all claims against Helix involving any of the indemnified matters are fully, finally and absolutely barred by the applicable statutes of limitations.
The indemnification provisions above shall not apply to claims resulting from the sole negligence or willful misconduct of Helix in connection with Helix's activities in, on, or about the Property except when such claim is:
A. For damage to the Lessee's improvements and Lessee's personal property, trade fixtures, furniture and equipment in the Property and,
B. Covered by the insurance the Lessee is required to maintain under this Lease.
The prevailing party shall be entitled to recover its actual attorney's fees and court costs incurred in enforcing the indemnification provisions set forth in this section.
16. Assignment. Subletting and Encumbering by Lessee Prohibited.
Any mortgage, pledge, hypothecation, encumbrance, transfer, lease, or assignment (hereinafter in this clause referred to collectively as "Encumbrance") of Lessee's interest m the Property, or any part or portion thereof without the prior written approval of Helix is prohibited. Helix may reasonably withhold such approval. Any attempted Encumbrance, without such prior written approval, shall be null and void and shall confer no right, title or interest in or to this Lease.
Lessee acknowledges that nothing in this Lease shall prohibit Helix from transferring or assigning its interest in this Lease, the Master Lease, or any other subsequent lease.
17. Termination.
Helix may terminate this Lease at any time for a public purpose, upon giving 90- day written notice to Lessee. Lessee may terminate this Lease at any time for economic hardship, upon giving 90-day prior written notice to Helix.
If this Lease is terminated before the term expires, for any of the reasons set forth above, Helix shall have no further obligations or liabilities to Lessee, and in no event shall Helix be liable or responsible to Lessee for the cost of any improvements undertaken by Lessee. Notwithstanding the foregoing, if Helix terminates the lease for a public purpose prior to the expiration of the Lease Term, and Lessee has constructed permitted substantial permanent improvements, Helix may, at its own discretion, amortize the cost of such improvements.
18. Default In Terms of the Lease by Lessee.
The occurrence of any one or more of the following events shall constitute a default hereunder by Lessee:
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A. The abandonment or vacation of the Property by Lessee.
B. The failure by Lessee to make any payment of rent or any other sum payable hereunder by Lessee, as and when due, where such failure shall continue for a period of thirty (30) days after written notice thereof from Helix to Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 et seq.
C. The failure or inability by Lessee to observe or perform any of the provisions of this Lease to be observed or performed by Lessee, other than specified in (A) or (B) above, where such failure shall continue for a period of ten (10) days after written notice thereof from Helix to Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 et seq.; provided, further, that if the nature of such failure is such that it can be cured by Lessee, but that more than ten (10) days are reasonably required for its cure (for any reason other than financial inability), then Lessee shall not be deemed to be in default if Lessee shall commence such cure within said ten (10) days, and thereafter diligently prosecutes such cure to completion.
D. (i) The making by Lessee of any general assignment for the benefit of creditors; (ii) a case is commenced by or against Lessee under Chapters 7, 11 or 13 of the Bankruptcy Code, Title 11 of the United States Code as now in force or hereafter amended and if so commenced against Lessee, the same is not dismissed within sixty (60) days; (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Property or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days; or (iv) Lessee's convening of a meeting of its creditors or any class thereof for the purpose of affecting a moratorium upon or composition of its debts. In the event of any such default, neither this Lease nor any interests of Lessee in and to the Property shall become an asset in any of such proceedings and, in any such event and in addition to any and all rights or remedies of Helix hereunder or by law; provided, it shall be lawful for Helix to declare the term hereof ended and to re-enter the Property and take possession thereof and remove all persons there from, and Lessee and its creditors (other than Helix) shall have no further claim thereon or hereunder.
In the event of any default by Lessee, then, in addition to any other remedies available to Helix at law or in equity, Helix may exercise the following remedies:
A. Helix may terminate this Lease and all rights of Lessee hereunder by giving written notice of such termination to Lessee. In the event that Helix shall so elect to terminate this Lease, then Helix may recover from Lessee:
1) The worth at the time of termination of the unpaid rent, which had accrued as of the date of the termination hereof;
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2) The worth at the time of termination of the amount by which the unpaid rent which would have accrued after the date of the termination hereof until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided;
3) The worth at the time of termination of the amount by which the unpaid rent for the balance of the term hereof after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided;
4) Any other amount necessary to compensate Helix for all the detriment approximately caused by Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, the cost of recovering possession of the Property, expenses of re-letting, including necessary repair, renovation and alteration of the Property, reasonable attorneys' fees, expert witness costs, and any other reasonable costs; and
5) Any other amount that Helix may by law hereafter be permitted to recover from Lessee to compensate Helix for the detriment caused by Lessee's default.
The term "rent" as used herein shall be deemed to be and to mean the rent required to be paid by Lessee pursuant to the terms of this Lease. The rent shall be computed on a monthly basis thereof accruing during period immediately prior to default. As used in subparagraphs 1) and 2) above, the "worth at the time of termination" shall be computed by allowing interest at the maximum rate permitted by law. As used in subparagraph 3) above, the "worth at the time of award" shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1 percent), but not in excess of ten percent (10 percent) per annum.
B. Continue this Lease in effect without terminating Lessee's right to possession even though Lessee has breached this Lease and abandoned the Property and to enforce all of Helix's rights and remedies under this Lease, at law or in equity, including the right to recover the rent as it becomes due under this Lease; provided, however, that Helix may at any time thereafter elect to terminate this Lease for such previous breach by notifying Lessee m writing that Lessee's right to possession of the Property has been terminated.
C. Nothing in this Section shall be deemed to affect Lessee's indemnity of Helix liability or liabilities based upon occurrences prior to the termination of this Lease for personal injuries or property damage under the indemnification clause or clauses contained in this Lease.
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No delay or omission of Helix to exercise any right or remedy shall be construed as a waiver of such right or remedy or any default by Lessee hereunder. The acceptance of Helix of rent hereunder shall not be (i) a waiver of any preceding breach or default by Lessee of any provision thereof, other than the failure of Lessee to pay the particular rent or sum accepted, regardless of Helix's knowledge of such preceding breach or default at the time of acceptance of such rent or sum, or (ii) waiver of Helix's right to exercise any remedy available to Helix by virtue of such breach or default. No act or thing done by Helix or Helix's agents during the term of this Lease shall be deemed an acceptance of a surrender of the Property, and no agreement to accept a surrender shall be valid unless in writing and signed by Helix.
Any installment or rent due under this Lease or any other sums not paid to Helix when due (other than interest) shall bear interest at the maximum rate allowed by law from the date such payment is due until paid, provided, however, that the payment of such interest shall not excuse or cure the default.
All covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee at Lessee's sole cost and expenses and without any abatement of rent. If Lessee shall fail to pay rent required to be paid hereunder or shall fail to perform any other act on its part to be performed hereunder, or to provide any insurance or evidence of insurance to be provided by Lessee, then in addition to any other remedies provided herein, Helix may, but shall not be obligated to do so, and without waiving or releasing Lessee from any obligations of Lessee, make any such payment or perform any such act on Lessee's part to be made or performed as provided in this Lease or to provide such insurance. Any payment or performance of any act or the provision of any such insurance by Helix on Lessee's behalf shall not give rise to any responsibility of Helix to continue making the same or similar payments or performing the same or similar acts. All costs, expenses, and other sums incurred or paid by Helix in connection therewith, together with interest at the maximum rate permitted by law from the date incurred or paid by Helix shall be deemed to be additional rent hereunder and shall be paid by Lessee with and at the same time as the next monthly installment of rent hereunder, and any default therein shall constitute a breach of the covenants and conditions of this Lease.
19. Water Well(s).
Any proposed drilling and installation of a water well by Lessee must be addressed under a separate addendum to Lease Agreement. Lessee is required to seek Helix's review and approval of proposed plans prior to any drilling onsite.
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20. Survey Monuments.
Lessee shall not alter any Helix survey monuments that may exist on the Property.
21. Hazardous Materials.
Definition of Hazardous Materials. For purposes of this Lease, the term "Hazardous Material" or "Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct or waste which is or shall become regulated by any governmental entity, including, without limitation, Helix, acting in its governmental capacity, the State of California or the United States government.
Use of Hazardous Materials. Lessee or Lessee's employees, agents, independent contractors or invitees ( collectively "Lessee Parties") shall not cause or permit any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from or about the Property (which for purposes of this clause shall include the subsurface soil and ground water). Notwithstanding the foregoing, Lessee may keep on or about the Property small quantities of Hazardous Materials that are used in the ordinary, customary, and lawful cleaning of and business operations on the Property. Said permitted Hazardous Materials shall be stored in a suitable, safe location and shall be disposed of m a manner provided by law.
Government Authorization Required. Lessee acknowledges that the storage and/or use of ANY toxic, hazardous, or flammable materials shall require the prior approval of the Government in accordance with 10 United States Code (USC) Sec. 2692. This requirement also applies to small quantities of Hazardous Materials that are used in the ordinary, customary, and lawful cleaning of and business operations on the Property.
Lessee shall submit for the General Manager's approval a detailed inventory of all toxic, hazardous and flammable substances which are proposed to be used and stored on the Property, including the quantities and the measures taken to ensure safe storage of the materials thereof, in accordance with 10 USC Sec. 2692.
Lessee Obligations. If the presence of any Hazardous Materials on, under or about the Property caused or permitted by Lessee or Lessee Parties results in (i) injury to any person, (ii) damage to or contamination of the Property (or a portion thereof), or (iii) to or contamination of any real or personal property wherever situated, Lessee shall immediately notify the General Manager of said damages, and/or contamination and/or injuries, and Lessee, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the Property to the condition existing prior to the introduction of such Hazardous Materials to the Property and to remedy or repair any such injury, damage, or contamination. Without limiting any other rights or remedies of Helix under this Lease, Lessee shall pay the cost of any cleanup, repair, or remedial work performed on, under or about the Property as required by this Lease or by applicable laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or permitted by Lessee or Lessee Parties. Notwithstanding the
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foregoing, Lessee shall not take any remedial action in response to the presence, discharge or release, of any Hazardous Materials on, under or about the Property caused or permitted by Lessee or Lessee Parties, or enter into any settlement agreement, consent decree or other compromise with any governmental or quasi governmental entity without first obtaining the prior written consent of Helix. All work performed or caused to be performed by Lessee as provided for above shall be done in professional and workmanlike manner and in compliance with plans, specifications, permits, and other requirements for such work approved by Helix.
Indemnification for Hazardous Materials. To the fullest extent permitted by law, Lessee hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to Helix) Helix, its elected officials, officers, employees, agents and independent contractors from and against any and all liabilities, losses, damages (including, but not limited to, damages for the loss or restriction on use of rentable or usable space or any amenity of the Property or damages arising from any adverse impact on marketing of the Property), diminution m the value of the Property, judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys' fees, disbursements and court costs and all other professional or consultant's expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Property by Lessee or Lessee's Agents. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean up or detoxification of the Property and the preparation of any closure or other required plans.
22. Use of Herbicides. Pesticides. and Fertilizers Prohibited.
Lessee shall not use herbicides, pesticides, and fertilizers on the Property unless they have been identified and approved by Helix in writing prior to their use.
Herbicide, pesticide, and fertilizer use and storage shall be subject to Section 21 of this Lease.
23. Unlawful Use.
Lessee agrees no improvements shall be erected, placed upon, operated, nor maintained within the Property, nor any business conducted or carried on therein or there from, in violation of the terms of this Lease, or any regulation, order of law, statute, bylaw or ordinance of a governmental agency having jurisdiction.
At no time shall Lessee accumulate, store, or otherwise retain, illegal materials, products, or substances on the Property.
24. Inspection.
Helix shall conduct quarterly inspections of the Property. Such inspections shall occur in March, June, September and December. Notwithstanding the quarterly inspections, Helix or its authorized representative, shall have the right at all
Lease 1000 I slg I 02-10-2016
reasonable times to inspect the Property to determine if the provisions of this Lease are being complied with.
Helix will provide Lessee with a copy of its inspection report, and notify Lessee of any deficiencies found.
25. Entire Agreement; Amendments.
This Lease constitutes the entire agreement between the parties and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Lease shall be made in writing.
26. Holding Over.
Any holding over after the expiration of this Lease shall be deemed to be on a month-to-month tenancy. Such tenancy will be governed by the conditions and covenants contained in this Lease.
27. Taxable Property Interest.
This Lease may create a taxable property interest m the Property. Lessee's property interest created by this Lease may be subject to property taxation pursuant to Revenue and Tax Code Section 107.5. Lessee shall be responsible for the payment of all taxes and assessments levied on such interest attributable to its interest in the Property levied by a legal authority.
28. Covenant of Right to Quiet Enjoyment.
Helix covenants that Lessee, by complying with the conditions and covenants contained in this Lease shall peaceably and quietly enjoy the Property for the duration of this Lease.
29. Attorney's Fees.
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
30. Governing Law and Venue.
This Lease shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Lease, the action shall be brought in a court of competent Jurisdiction situated in the County of San Diego, California and the parties hereto agree and do hereby submit to the Jurisdiction of such court, notwithstanding Code of Civil Procedure section 394.
Lease 1000 I slg I 02-10-2016
31. Notices.
All notices pursuant to this Lease shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be sent through the United States mail in the State of California, duly registered or certified, return receipt requested, with postage prepaid. If any notice is sent by registered or certified mail, as aforesaid, the same shall be deemed to have been served or delivered twenty four (24) hours after mailing thereof as above provided. Notwithstanding the above, Helix may also provide notices to Lessee by personal delivery or by regular mail and any such notice so given shall be deemed to have been given upon receipt.
To Helix: Helix Water District 7811 University Avenue La Mesa, CA 91942
To Lessee: River Valley Equestrian, LLC c/o Darin and Nicole Bankhead 9104 Soldin Lane El Cajon, CA 92021
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date written above.
HELIX WATER DISTRICT
By:~~~~~~~~~~~ Carlos V. Lugo, General Manager
RIVER VALLEY EQUESTRIAN, LLC
By: _ Darin Bankhead
By:~~~~~~~~~~~ Nicole Bankhead
APPROVED AS TO FORM:
General Counsel, Helix Water District
Lease 1000 I slg I 02-10-2016
EXHIBIT"A"
DESCRIPTION OF HELIX WATER DISTRICT'S LAND REFERRED TO IN LEASE TO HERING RANCH LEASE #1000
All that portion of the Timber Reserve of El Cajon Valley Company's Land, in the County of San Diego, State of California, according to Map #289, filed m the office of the County Recorder of said County, being a portion of Record of Survey No. 6856 according to Map thereof filed in the office of said County Recorder, described as follows
PARCEL1
Beginning at the intersection of the center lines of Willow Road and Ashwood Street (County Road Survey No. 1512) as shown on said Map of Record of Survey No. 6856; thence South 13° 28' 09" West 20.00 feet to an angle point in the Northerly boundary of said Record of Survey; thence continuing South 13° 28' 09" West along said boundary 682.24 feet to an angle point therein, said point to be referred to as Point "A"; thence leaving said boundary and continuing south 13° 28' 09" West 1039. 76 feet to a point on the Southerly boundary of said Record of Survey, said point being the True Point of Beginning; thence along said boundary North 85° 26' 09" East 95 90 feet, thence North 86° 19' 14" East 356.80 feet more or less to the Northwesterly corner of land conveyed to Eugene R. Hering, et ux by deed dated February 24, 1955 and recorded in Book 5591, page 53 of Official Records; thence leaving said Southerly boundary Northwesterly in a straight line to said Point "A"; thence South 13° 28' 09" West 1039. 76 feet to the True Point of Beginning.
EXCEPTING therefrom that portion thereof lying Northerly of the Southerly line of 300 foot wide flowage easement granted to the San Diego County Flood Control District, Zone 2, recorded October 22, 197 4, File No. 7 4-2827779.
PARCEL2
Beginning at the True Point of Beginning of PARCEL 1 herein described; thence along said Southerly boundary of Record of Survey No. 6856 South 85° 26' 09" West 389.1 O feet, North 58° 35' 51" West 300.00 and North 33° 35' 51" West 407. 70 feet more or less to the Southeasterly line of Ashwood Street (County Road Survey No. 1512); thence leaving said boundary Northeasterly along said Southeasterly line of Ashwood Street to its intersection with the line which bears North 13° 28' 09" East from the Point of Beginning (True Point of Beginning of PARCEL 1 ); thence along said line South 13° 28' 09" West to Point "A" described in Parcel 1 herein, thence continuing South 13° 28' 09" West 1039.76 feet to the Point of Beginning.
EXCEPTING therefrom that portion thereof lying Northerly of the Southerly line of said flowage easement referred to in Parcel 1 herein, together with the excavated and eroded area lying Southerly of and adjacent to said Southerly line.
Lease 1000 I slg I 01-28-2016
s P.0.8. PARCEL
N EXHIBIT 11B11
LEASE 1000 LEASEHOLD PREMISES
N85"26'09"E 95. 90'
HELIX WATER DISTRICT Setting standards of excellence in public service
BOARD REPORT TO:
FROM:
Board of Directors
Carlos V. Lugo, General Manage~
James A. Tomasulo, Director of Engineering~ Milica K. Schipper, Engineering Manager AJ<l' i Aneld A. Anub, Associate Engineer As February 17, 2016
INITIATED BY:
DATE:
SUBJECT: Mid-Year Adjustments to the Fiscal Year 2015-16 Capital Improvement Program Budget Schedules 64, 76 and 84
Strategic Focus Area:
Infrastructure
Recommendation:
The board approve the mid-year adjustments to the fiscal year 2015-16 capital improvement program budget schedules 64, 76 and 84.
Background:
At the midpoint of every fiscal year, Helix Water District staff reviews the schedules that comprise the capital improvement program budget and proposes adjustments to reflect actual costs to date, the deferral or addition of projects and changes in estimated project costs due to changed field conditions or scope changes. Deferred project costs will be reallocated without future increases to the ten year CIP budget. This year staff recommends adding three items which were not previously budgeted in the initial fiscal year 2015-16 CIP budget.
Below are the proposed changes to budgeted items within the schedules in the capital improvement program budget.
Schedule 64 - Items Requiring Additional Funding
Item Description Comments Amount South Rim Tank Additional funds required for
11 Rehabilitation, WO consultant work for the design of $103,000 4464 the project. Small Valve Additional funds required for Replacements, WO 14 4443, WO 4616, WO construction due to bids being $120,000
4613 higher than anticipated.
Helix 3 Tank Power Additional funds required for Pole & Electrical 22 Improvements, WO consultant work for the design of $50,000
4627 the project.
Boardroom Audio Additional funds required to 24 Visual Improvements, complete construction of the $27,000
W04529 project.
Schedule 64 - Items Requiring Less Funding
Item Description Comments Amount
Pipeline Project 2579 The savings are based on project 1 (Royal Rd., Melrose completion projections. ($77,000)
Dr., Vista del Cajon) Pipeline Project 2578
2 (Merritt Ct., Windridge The savings are based on actual ($228,000) Rd., Grove Rd., costs of the project.
Easement) Pipeline Project 3510 Design completed in fiscal year
3 (Broadway, Golden 2015-16. Construction will be ($900,000) Ave., Mt. Vernon St.) deferred to fiscal year 2016-17. Fletcher Hills 2 PS Design completed in fiscal year
12 Replacement, WO 2015-16. Construction will be ($1, 100,000) 4212 deferred to fiscal year 2016-17. Large Valve
Design has been deferred to fiscal 13 Replacement FY ($155,000) 2016-17, WO 4478 year 2016-17.
Emergency The fiscal year budget did not 15 Interconnection consider the carry forward amount ($142,000)
Upgrades, WO 4407 from the previous fiscal year.
20 Treatment Plant Motor The savings is based on project ($380,000) Control Center completion projections.
Masts at S. Rim PS, The savings are based on project 23 Helix 2 PS, and Helix ($50,000) 1 B PS, WO 4442.1 completion projections.
2
Schedule 64 - Budget Additions
The following items are being proposed as additions to the capital improvement program budget.
Item Description Amount
26 La Mesa Blvd. and Acacia Ave. Pipeline Replacement, $102,000 W04261.3 27 El Monte PS Lead Abatement $80,000
28 Aqueduct #2, 36-inch Pipe Assessment $50,000
$232,000
Presented below is background information for the budget additions.
• Schedule 64, Item 26, La Mesa Blvd and Acacia Ave .• WO 4261.3 - The district accelerated the cast iron pipeline replacement at this intersection due to the City of La Mesa's proposed street improvements in the area. This portion of cast iron was scheduled for replacement in fiscal year 2017-18. However, the street improvement involved decorative pavement, which will be costly to repair, and the City would implement a 5-year no cut policy on the newly constructed road.
• Schedule 64, Item 27, El Monte PS Lead Abatement - The old El Monte Pump Station and an adjacent shed have been confirmed to have lead in the paint. This project budget is for the design and construction of the removal of the lead paint from the old El Monte pump station building and electrical shed removal to remedy potential health hazard and satisfy the agreement between County of San Diego new trail project and Helix Water District easement grant.
• Schedule 64, Item 28, Aqueduct #2, 36-inch Pipe Assessment - In January 2016, the district's Aqueduct #2 (36" CCP) pipeline located in Lakeside ruptured due to corrosion of the pipe. This project will perform a complete assessment to the condition of the existing 36-inch pipeline. Upon completion of the pipeline assessment, district staff will determine the course of action.
The proposed adjustments to the capital improvement program budget are noted on the attached schedules 64, 76, and 84 (see Attachment 1 ). Staff recommends the redistribution of budget funds to the various projects within schedules 64, 76, and 84 as summarized below. The totals for each schedule reflect adjustments for previously budgeted and new items.
3
Schedule Budgeted I ncrease/(Decrease) Mid-Year Revision
64 $11,451,800 ($2,500,000) $8,951,800
76 $313,000 $0 $313,000
84 $2,395,000 $0 $2,395,000
Total $14, 159,800 ($2,500,000) $11,659,800
Staff recommends the board approve the mid-year adjustments to the fiscal year 2015- 16 capital improvement program budget as described within this report.
4 Z.\Board Reports (Final)\2016\021716 2015-16 M1dYear Adjustments Final docx
Attachment 1 Helix Water District
FY 2015-16 CIP - Midyear Adjustments
Sch 64, Item 1 2579 PL: Royal, Melrose, Vista del Cajon 872,000 $795,000 (77,000) II - . I Sch 64, Item 2 2578 PL: Merritt, Windridge, Grove 1,008,000 $780,000 i228,Q.QQ Sch 64, Item 3 3510 PL: Broadway, Golden, r,.,it_vemon 956,000 $56,000 (900,00Q}
·------------. -.-.--·- Total 14,15M_QQ__ 11,6§~,800 (2,500,000
Sch 64, Item 4 4239 PL: Greenfield, Oro, Second, Lincoln,_Crystal, Corto 2,691,000 $2,691,000 O Sch 64, Item 5 4241 PL: S.Tropis:o, Tangor, Rogers _ 141,000 $141,000 O Sch 64, lt~_r:ii __ 6 3615 PL: Magnolia, Main, Cypres~, El Monte, Dennstedt, Murry, G@Q_e, alley 103,000 $103,000 o SC:~ 64, Item 7 4459 PL: Jamacha, Vista del Valle, Flume __ 97,000 $97_~000 O Sch 64, Item 8 4624 PL: Orange, Fairview, Pasadena, ldpland, Acacia, Butte, Tulare__ 30,000 $30,000 O Sch 64, ltefTI_ 9 4159 Steel Pipelir:i_e Replacement~ Bancroft, Va_lencia 47,000 $47,000 __ 0 §ch 64, Item 10 4525 Steel Pipeline Replacement - Grossmont, Washington, Wilson 10,000 $10,000 O Sch 64, Item 11 4464 South Rim Tank Rehab 147,000 $250,000 103,000
I Sch 64, Item 17 4626 Vista PS MCC Upgrade 50,000 $50,000 0 Sch 64, Item 18 4482 Generator Enclosure lmp"::..L:os Coches P~. 50,000 $50,000 0 Sch 64, Item 19 4446 Screw pumps 298,000 $298,000 0 Sch 64, Item 20 Motor Control Center _ 606,000 $226,000 (380,o@i Sch 64, Item 21 Filter Effluent Valve Actuators 109,000 $109,000 O Sch 64, Item 22 4627 Helix 3 tank power pole, base station __ 2roject 10,000 $60,000 5_0~000 Sch 64, Item 23 4442.1 Masts at South Rim PS, Helix 2 PS, Helix 1 B PS 75,000 $25,000 (50,000)11 Sch 64, Item 24 4529 Board Room Audio_visual Improvements 161,000 $188,000 27,000 Sch 64, Item 25 Replace Cooling Tower at OC 90,000 $90,000 0
If Sch 64, Item 26 4261.3 PL: La Mesa & Acacia -Intersection -------- $102,000 102,000 II Sch 64, Item 27 4727 El Monte PS Lead Abatement ----······--· $80,000 80,000 Sch 64, Item 28 Aqueduct #2 36" Pipe Assessment $50,000 50,000
_. SCH 64 Total ·-· 11,451,800 $8,951,800 (2,500,00~ [Sch 76 ..... -- ·-Equipment& Vehicles -- 313,QOO $313,000 O Sch 84, Item 1 Solar Funding 19,000 $19,000 O Sch84·, Item 2 IS Firewall So-f~re~Repiacemen-t ------- 40,000 $40,000 O Sch 84, lte'.:!!.l___ HP Replacement Project 2,301,000 $2,301,000 _Q Sch 84, Item 4 Data Manaqement System 35,000 $35,000 O
HELIX WATER DISTRICT Setting standards of excellence in public service
BOARD REPORT
TO:
FROM:
Board of Directors
Carlos V. Lugo, General Manag~
Lisa L. Stoia, Director of Administrative ServicJ Michelle M. Curtis, Water Conservation Specialist \AL
INITIATED BY:
DATE: February 17, 2016
SUBJECT: Drought Action Plan Update for January 2016
Strategic Focus Area:
Water Resources
Recommendation:
The board receive an update on the district's drought action plan for January 2016.
Background:
As part of Governor Jerry Brown's emergency executive orders issued last year in response to ongoing drought conditions, Helix Water District has been mandated to reduce water use by 20 percent from June 2015 through February 2016 when compared to the same months in 2013.
On May 20, 2015, the district's board of directors adopted an emergency drought action plan and resolution to meet the state mandated water use reductions. The plan includes increased public outreach and increased water restrictions.
On November 13, 2015, Governor Brown issued an executive order extending the emergency regulations through October 31, 2016, should drought conditions persist. As part of the extended regulations, the State Water Resources Control Board has developed credits for water suppliers that have warmer than average climates, experienced growth since 2013, or have invested in new, local drought resilient water supplies since 2013, with all credits not to exceed 8 percent. If approved by the Office of Administrative Law this month, the district could be eligible for an 8 percent credit
adjustment which would reduce the district's conservation standard from 20 percent to 12 percent.
Monthly Production:
Total potable water use in January 2016 was 1,832 acre-feet compared to 2, 118 acre feet in January 2013, a decrease of 14 percent for the month of January. With January's data, the cumulative water use reduction for the district is 23 percent for the period between June and January 2016 which still exceeds the district's original 20 percent cumulative target. The district's rolling 12-month total gallons per capita per day was 91.3 as of January 2016, the lowest ever recorded for the district.
4000
3500
3000 LL ::S.. 2500 IB 2000 LL
~ 1500 o <( 1000
500
0
SWRCB Monthly Reporting - HWD Total Potable Water Production as of January 2016
Jun Jul Aug Sep Oct Nov Dec Jan Feb
-2013 -2015/16 -20% Reduction from 2013
Aug 3,585 2,619 -27% 10,408 7,501 -28% ~~~~~~~~~ ~~~~~~~~'--~----,-~~~~----,
Nov 2,566 2,308 -10% 19,398 14,608 -25% Dec 2,477 2,064 -17% 21,875 16,672 -24% Jan 2, 118 1,832 -14% _l_ 23,993 18,504 -23%
_ _J:~~- -- -- 1,954 25,947 ~~~~~~~~~-~~~
2
Public Outreach:
Public outreach during the month of January included the following: • Shower timers with the district logo continue to be available in the lobby • Shower bucket display in lobby advertising shower buckets from the San Diego
County Water Authority, while supplies last
Field services during January included: • 1 home water use evaluation conducted • 1 full audit conducted
Completed presentations and events include: • California Republican Association, 1 /28/16 • Bostonia's Woman's Club presentation, 2/03/16
Upcoming presentations and events include: • Foothills Republican Women in East County, 2/18/16 • WaterSmart Landscape Design for Homeowner's workshops at the OC,
3/19/16 and 4/9/16 • TedX Event, 4/6/16 • Spring garden Festival at the Water Conservation Garden, 4/23/16 • Butterfly Festival at the Water Conservation Garden, 5/14/16
Restrictions and Enforcement:
Effective April 2015, the State Water Resources Control Board required all water purveyors to provide the number of water waste complaints received and number of follow-ups done each month, in addition to the number of written warnings and penalties issued. Between July 2014 and March 2015, before reporting to the SWRCB was required, the district received 513 reports of water waste. Since April 2015, the district's water waste numbers are as follows:
* The difference between the total number of complaints received and total number of follow ups/contacts made is due to duplicate reports, invalid or incomplete addresses, reports outside of our service area, reports of non-violations, etc.
Summary:
District customers continued to respond to the call for conservation during the month of January and achieved a 14 percent reduction in water use. The district continues to see a lower water use reduction during late fall and winter months, as anticipated, when customer water use is typically less than warmer months. However, district customers have still maintained a 23 percent cumulative reduction in water use from June 2015 through January 2016. This continues to exceed the state's original mandated 20 percent cumulative reduction and is well ahead of the 12 percent reduction required under the revised regulations after credit adjustments for drought resilient supplies. Staff will continue to monitor usage on a monthly basis and provide updates to the board at the second board meeting of each month.
HELIX WATER DISTRICT Setting standards of excellence in public service
BOARD REPORT
TO:
FROM:
Board of Directors
Carlos V. Lu~o. General Manag~
Mark D. Umphres, Director of Water Quality/System OperationsMl) Brian M. Olney, System Operations Manager ltvf;o February 17, 2016
INITIATED BY:
DATE:
SUBJECT: East County Advanced Water Purification Program
Strategic Focus Area:
Water Resources
Recommendation:
The board receive an informational report on the status of the East County Advanced Water Purification Program.
Background:
In September 2014 Helix Water District entered into a memorandum of understanding with Padre Dam Municipal Water District, the county of San Diego and the city of El Cajon to jointly fund consultant services to evaluate the feasibility of a regional water reuse project. PDMWD authorized K~nnedy/Jenks Consultants to begin work on the study in February 2015. The study report titled "East County Advanced Water Purification Program Planning Study" was completed in January 2016 An electronic copy of the final report has been provided to the board. A four page planning study summary is attached to this board report.
As noted in the attached summary five alternatives were evaluated Alternative 5 represents the "no project" alternative serving as a basis for comparing the relative costs of Alternatives 1 through 4. The recommended Alternative 3, would include the expansion of PDMWD's Ray Stoyer Water Reclamation Facility from 2 to 21 mgd, the addition of an advanced water purification plant, pump station and pipeline to Lake Jennings. Based on projected waste water flows at build-out this alternative
would have the potential to produce 15.5 mgd of advanced water purification to supplement the east county water supply.
Padre Dam Municipal Water District has set a strategic goal to produce AWP for less than $2,000 per acre-foot. According to the report this water cost goal is achievable. This ultimate unit cost is expected to be lower once all sources of funding are finalized. Additional funding may include, for example, state and federal grants and the Metropolitan Water District local projects subsidy.
The report recommends implementation of the project in three phases. Phasing would provide better alignment with the increases in waste water flows over the next 15 to 20 years. California is still in the process of developing regulations that would allow the use of a lake or reservoir in lieu of a groundwater basin for the environmental barrier. The current draft regulation will not accommodate a 15.5 mgd AWP flow through Lake Jennings The proposed phasing of the project would start with a modest capacity and grow as the regulations evolve.
In the first phase the Ray Stoyer Water Reclamation Facility would be expanded to 6 mgd and the AWP plant would be sized to produce 2.2 to 3.5 mgd. PDMWD would retain two options for the environmental buffer - their Santee groundwater basin and Lake Jennings Engineering studies to be completed in 2016 and 2017 will examine these options in greater detail. Phase 1 has a planned completion date in 2020. Phase 2 would expand the Ray Stoyer WRF to 15 mgd and the AWP plant to 10.5 mgd. The timing of Phase 3 representing build-out depends on the availability of wastewater flows.
Ongoing Engineering Studies
In the next 12 to 18 months PDMWD is planning to complete a number of key project tasks that will allow them to achieve Phase 1 by 2020. These tasks would also lay the groundwork for Phases 2 and 3. The tasks include engineering studies related to the design of treatment facilities, the pump station and pipeline to deliver AWP, environmental impact studies, financial, institutional structure and agreements and public outreach.
One element of the engineering studies in which Helix Water District staff will participate is the computer modeling of Lake Jennings. This model analysis will be used to determine how or if the project will meet the state regulations for potable reuse.
In the fall of 2015 PDMWD received proposals and interviewed four consulting firms capable of supporting PDMWD in completion of these tasks. HWD and county of San Diego staff participated in the consultant procurement process. Kennedy/Jenks Consultants was selected as the most qualified firm.
2
Over the past few months Padre Dam Municipal Water District staff collaborated with Kennedy/Jenks Consultants to refine the scope of services and agree on a fee of $3.4 rmlhon for this work.
Recent PDMWD Board Action
At their February 3, 2016, board meeting PDMWD staff presented a summary of the planning study, the process of selecting the recommended consultant for further engineering studies and the tasks to be completed in the next 12 to 18 months. The PDMWD board accepted the final planning study report and authorized staff to enter into a contract with KJC for the engineering services. PDMWD staff intends to proceed this month.
Next Steps
Helix Water District staff will be working with PDMWD to develop a new memorandum of understanding that defines our respective roles in the upcoming work. HWD is expected to continue supporting the project through staff participation by providing documents and data, and review of consultant submittals. HWD as well as the county of San Diego and the city of El Cajon are expected to contribute financially to the engineering work as we did for the planning study. HWD staff intends to bring to the board an MOU and a recommended financial contribution. If approved the financial contribution will be included in the fiscal year 2016/17 budget for final board approval of the expenditure.
3 Z \Board Reports (Final)\2016\021716 East County Advanced Water Punficatron Program Final doc
OBJECTIVES The goal of the Advanced Water Purification Program is to recycle wastewater generated in East San Diego County to create a new water supply that is local, reliable, cost-effective and drought proof.
The program would reduce the reliance on imported water and minimize the costs of wastewater treatment by significantly increasing the availability and use of recycled water in East County San Diego.
lake Jennings
R.M. Levy Water Treatment Plant
EAST COUNTY ADVANCED WATER PURIFICATION
PROGRAM OPTIONS
Water Purification
Water Distribution
Santee Groundwater Basin
Groundwater Treatment SystEm
ALERNATIVES CONSIDERED AND ANALYZED The following five alternatives were considered to offer non-potable and potable reuse options including expanding the existing non-potable water recycling system (for landscaping and Santee Lakes) and implementing groundwater recharge and recovery and/or surface water augmentation for Advanced Water Purification.
• ·················
•
• Treat 6 million gallons per day (mgd) of wastewater at Ray Stoyer Water Recycling Facility (WRF).* Produce 2.7 mgd of non-potable recycled water for landscaping and Santee Lakes.
• Produce 2.2 mgd of Advanced Water Purification (AWP) potable water via groundwater recharge and recovery.
• Treat 21 mgd of wastewater at Ray Stoyer WRF* • Produce 2.7 mgd of non-potable recycled water for landscaping and Santee Lakes. • Produce 2.2 mgd of AWP potable water via groundwater recharge and recovery. • Produce 11.7 mgd of AWP potable water via surface water augmentation .
• Treat 21 mgd of wastewater at Ray Stoyer WRF.* • Produce 2. 7 mgd of non-potable recycled water for landscaping and Santee Lakes. • Produce 13.9 mgd of AWP potable water via surface water augmentation.
• Treat 6 mgd of wastewater at Ray Stoyer WRF.* • Produce 3.5 mgd of non-potable recycled water for landscaping and Santee Lakes. • AWP potable water would not be produced under this alternative.
• No action would be taken under this alternative. • Water and wastewater services remain status quo.
• Based on Padre Dam's projected future wastewater flows.
a . t#. g;. i4A4. tr_ a
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(J!JA€J.1A r .• tz§Q_WJ@C 1 . RZ W &4 :;;;;..:;;..; Si~ g _z_. .::ua;wz;.,µe -
ALTERNATIVES EVALUATION Qualitative Evaluation Results Multiple evaluation criteria were selected and scored by the program partners.
Quantitative Cost Evaluation Results A cost evaluation was performed by comparing the project alternatives on a life-cycle cost basis.
!Ill Environmental Impact • Public Acceptance • Water Quality Ii Ability to Permit & Implement
Score t;,J Operational Complexity II Water Supply Portfolio Diversification
16
14
12
10
8
6
4
2
S Per Million Gallons of Wastewater
S Per Milliars Gal!e.-.! AF
of Water
3,500 3,500
3,000 3,000
2,500 2,500
2,000 2,000
1,500 1,500
1,000 1,000
500 500
Alt 1 Water Ait 2 Alt 3 Alt.:! Alt 5 Wastewater
RECOMMENDED PROJECT Based on the project alternatives evaluation, Alternative 3 was selected as the recommended project. Alternative 3 provides the highest economic benefit for potable water of the alternatives considered and provides a better economic benefit for handling wastewater than continuing treatment and disposal through the City of San Diego. Alternative 3 provides the greatest water supply quantity that is local, reliable and drought proof. It was also the highest ranked alternative based on the qualitative evaluation.
The recommended project is being refined to increase production and maintain flexibility to meet evolving potable reuse regulations.
WINTER GARDENS un Mission Gorge - Pump Station & -
Force Main
i•---~
NEXT STEPS The East County Advanced Water Purification Program will be constructed in phases to expand water treatment capacities through 2035 and beyond.
Phase 1 6 mgd of wastewater treatment and 3.5 mgd of potable reuse
Phase 2 15 mgd of wastewater treatment and 10.5 mgd of potable reuse
Phase 3 Future Growth 21 mgd of wastewater treatment and 15.5 mgd of potable reuse
..... M 0 N I
~ N 0 N
1111
a
Three phases of program implementation will allow:
Flexibility to meet evolving regulatory requirements for potable reuse that are still
in the process of being finalized.
Phases to coincide with the existing Padre Dam wastewater flows, the existing East
County wastewater flows and the projected future East County wastewater flows.
FUNDING AND COSTS
' ' . . .- - - .
Water and wastewater service · to be provi4ed at a fu(r and reasonable cost. - -
-. . - - ~ - . .. - - . -- - - .
Participating partners to limit financial responsibilities and risk by distributing capital
spending based on wastewater flows and taking advantage of grants and funding opportunities.
• Padre Dam and the program partners are planning to implement the first phase of the program which will be completed by the end of 2020. This first phase capital cost is anticipated to be $167M.
• Padre Dam has secured $6M in Proposition 84 grant funding to support the first phase of the program.
• Total program capital cost for all phases is estimated to be $509M.
• Padre Dam has completed and submitted applications to secure additional State and Federal funding to support the program.
HELIX WATER DISTRICT Setting standards of excellence in public service
BOARD REPORT
TO: Board of Directors
Carlos V. Lugo, General Manage~
Lisa L Stoia, Director of Administrative Servic~ Sandra L. Janzen, Board Secretary~
February 17, 2016
FROM:
INITIATED BY:
DATE:
SUBJECT: Comments from the Public Regarding District Staff
Strategic Focus Area:
Customer Service
Recommendation:
The board receive comments from the public regarding district staff.
Background:
Three compliments have been received from the public regarding the district's valve maintenance technicians Sean 0. Tracy and Jesus A Gonzalez were complimented for the excellent customer service they provided with integrity and a smile.
Valve Maintenance Technician Roberto A Mineo received two compliments for the timely customer service provided during a holiday and exceptional courteous service supplied during an urgent late-night call
Attachments: Three Letters
Unit 81 Sean Tracy & Jesus Gonzalez were dispatched.
From: helixmail Sent: Monday, February 01, 2016 11:30 AM To: Marlene Joy <[email protected]> Subject: FW: SPRING VALLEY, CA/2 EMPLOYEES SENT OUT
-----Original Message---- From: AKBW Sent: Friday, January 29, 2016 5:13 PM To: helixmail <[email protected]> Subject: SPRING VALLEY, CA/2 EMPLOYEES SENT OUT
FIRST I WOULD LIKE TO SAY THANK YOU FOR SUCH A RAPID RESPONSE TO MY REQUEST: IN THESE TIMES OF THE 21ST CENTURY YOU HARDLY GET CUSTOMER SERVICE, LET ALONE A RESPONSE FROM 2 EMPLOYEES WHO EXCEEDED MY EXPECTATIONS; THEY BOTH WERE VERY KNOWLEDGEABLE ABOUT THEIR JOB AND THE PRODUCT ITSELF (WATER AN WATER PRESSURE VALVE) THEY BOOTH APPEAR ARE QUITE RELIABLE AND VERY FRIENDLY; THEY KEPT A VERY PROFESSIONAL ATTITUDE AND WANTED TO ASSURE ME OF THE UNDERSTANDING OF l)THE WATER PRESSURE, 2)HOW TO CHECK MY METER 3) THEY WENT OVER STEPS TO HELP ME BE SUCCESSFUL AT BEING CONFIDENT ABOUT THE WATER PRESSURE GAGE AND HOW ITS RELATES INTO COMING INTO OUR HOME. AS A HOMEOWNER, YOU WANT EXPERTS TO PROVIDE YOU WITH HONEST DETAILS. THESE TWO HELIX WATER DEPARTMENT EMPLOYEES ACTED WITH INTEGRITY, THEY BELIEVED IN CAUSE ABOVE SELF AND WERE WILLING TO SHOW ME HOW THE PRESSURE GAGE OPERATED: I BELIEVE THESE TWO GUYS WORK ETHIC SHOULD NOT GO UNNOTICED AND THEY DESERVE A BONUS, A SILVER STAR, A DAY OFF WITTH PAY, OR THE ALLOTMENT TO TRAIN OTHERS ON HOW TO DO A JOB RIGHT AND GIVE SERVICE WITH A SMILE. WHATEVER THE CASE MAYBE, I COMMEND THEM BOTH ON A JOB WELL DONE AND I THANK HELIX WATER DEPARTMENT FOR THEIR PROPMT RESPONSE AND A SERVICE I DID NOT KNOW THEY PROVIDED. EXCELLENCE IN CUSTOMER SERVICE BEYOND US JUST PAYING THE WATER BILL.
BEST REGARDS,
-JOHN & AUDREY WOODS
This nice email was forwarded to me yesterday regarding the service performed by Robert Mineo this past Monday on the MLK Holiday. Below is a snapshot of his time sheet explaining what he did to resolve the issue.
Jane Peterson @ St has water flowing out of meter box and would like me to come out. I went out and found the curb stop union loose and leaking. I replace the gaskets. Leak stopped. Read
1:45 PM 2:45 PM was 1268. MM Yes 1:00
From: Jane Peterson Sent: Monday, January 18, 2016 2:22 PM To: helixmail <[email protected]> Subject: Kudos for quick repair
To Whom It May Concern:
I noticed water seeping from my meter box today around 12:30 p.m. Because it is a holiday (MLK Day), I was directed to the emergency operator. The operator quickly put me in touch with the technician, who indicated he would be here in one to two hours. By the time one hour had passed, he was here, diagnosed the problem (leaking valve), and fixed it in less than 15 minutes. I am one pleased customer. Thank you very much.
Jane Peterson
La Mesa, CA 91942
12·4·15 Rich rtf 12/4/15 9 16 PM
James and Rayleen Mullin
La Mesa CA 91941 12/4/2015
Helix Operations Center 1233 Vernon Way El Cajon CA 92020-1838
To Whom It May Concern:
Our family recently experienced a '[arnrned" water valve at the street. Your service man, Robert Mineo, responded to our urgent night-time call for help. He arrived promptly, repaired the problem valve, and offered helpful advice for the future.
He was professional and exceptionally courteous throughout.
May we suggest that this letter be placed in his personnel file.
Sincerely,
James and Rayleen Mullin
P:~'Jf'/ ..: .~~
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DeAna Verbeke Report of Meetings Attended December 2015- February 12, 2016
"E"= Expenses & "P"= Per Diem
December 1 - 4 Association of California Water Agencies - Indian Wells (E/P)
State Water Resources Control Board - Sacramento (E/P) December 7
December 16 - 18 Colorado Water Users Assoc. Conference - Las Vegas (E/P)
January 19
February 2
Council of Water Utilities (P)
ACWA, Region 10 Board Meeting (E/P)
Annual planning meeting held at Vista Irrigation District offices. It included a board orientation, appointment of alternate chair/vice chair, outreach captain, and committee reporters. We also developed a 2016/17 Region 10 Work Plan and discussed 2016 region activities. I will serve at the alternate to Chair Brian Brady.
Meetings Attended
Director John Linden
February 10, 2016
La Mesa Chamber Commerce - Breakfast
Speaker: Supervisor Dianne Jacob
• Discussed County business including new Libraries, Alzheimer's issues County is dealing with, and child sex trafficking controlled by gangs
