AGENDA PROPERTY MANAGEMENT COMMITTEE MEETING

WITH BOARD OF DIRECTORS * ORANGE COUNTY WATER DISTRICT

18700 Ward Street, Fountain Valley (714) 378-3200 Friday, April 22, 2016, 12:00 p.m. Conference Room C-2

*The OCWD Property Management Committee meeting is noticed as a joint meeting with the Board of

Directors for the purpose of strict compliance with the Brown Act and it provides an opportunity for all Directors to hear presentations and participate in discussions. Directors receive no additional compensation or stipend as a result of simultaneously convening this meeting. Items recommended for approval at this meeting will be placed on the May 18, 2016 Board meeting Agenda for approval.

ROLL CALL

ITEMS RECEIVED TOO LATE TO BE AGENDIZED

RECOMMENDATION: Adopt resolution determining need to take immediate action on item(s) and that the need for action came to the attention of the District subsequent to the posting of the Agenda (requires two-thirds vote of the Board members present, or, if less than two-thirds of the members are present, a unanimous vote of those members present.) VISITOR PARTICIPATION Time has been reserved at this point in the agenda for persons wishing to comment for up to three minutes to the Board of Directors on any item that is not listed on the agenda, but within the subject matter jurisdiction of the District. By law, the Board of Directors is prohibited from taking action on such public comments. As appropriate, matters raised in these public comments will be referred to District staff or placed on the agenda of an upcoming Board meeting. At this time, members of the public may also offer public comment for up to three minutes on any item on the Consent Calendar. While members of the public may not remove an item from the Consent Calendar for separate discussion, a Director may do so at the request of a member of the public. CONSENT CALENDAR (ITEMS NO. 1) All matters on the Consent Calendar are to be approved by one motion, without separate discussion on these items, unless a Board member or District staff request that specific items be removed from the Consent Calendar for separate consideration.

1. MINUTES OF PROPERTY MANAGEMENT COMMITTEE MEETING MARCH 25, 2016 RECOMMENDATION: Approve minutes as presented

END OF CONSENT CALENDAR MATTERS FOR CONSIDERATION 2. THIRD REVISION TO EASEMENT DEED TO CITY OF ANAHEIM FOR UNDERGROUND

UTILITIES AT ANAHEIM LAKE RECOMMENDATION: Agendize for May 18 Board meeting: Approve and authorize

execution of Easement Deed to the City of Anaheim to replace the Easement Deed recorded on June 2, 2015, as document no. 2015000284848 which revises the location of the easement area.

3. REQUEST FOR QUOTES FOR ON CALL PROPERTY ACQUISITION SERVICES RECOMMENDATION: Agendize for May 18 Board meeting: Authorize issuance of Request

for Quote for on-call Property Acquisition Services and return to the Property Management Committee with a staff recommendation.

INFORMATIONAL ITEMS

4. UPDATE ON DAN COPP CRUSHING CORPORATION REMEDIATION PLAN 5. UPDATE ON THE ISLANDS GOLF CENTER REQUEST FOR RENT RELIEF 6. STATUS UPDATE ON THE GENERAL PLAN AND ZONE CHANGE FOR THE BALL ROAD

BASIN PROPERTY CHAIR DIRECTION AS TO ITEMS TO AGENDIZE AS MATTERS FOR CONSIDERATION

AT THE MAY 18 BOARD MEETING DIRECTORS' COMMENTS/REPORTS

GENERAL MANAGER’S COMMENTS/REPORTS ADJOURNMENT

PROPERTY MANAGEMENT COMMITTEE

Committee Members Steve Sheldon - Chair Jan Flory - Vice Chair Roman Reyna Dina Nguyen Roger Yoh Alternates Phil Anthony - Alternate 1 Denis Bilodeau - Alternate 2 Jordan Brandman - Alternate 3 Shawn Dewane - Alternate 4 Cathy Green - Alternate 5

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MINUTES OF THE PROPERTY MANAGEMENT COMMITTEE MEETING

WITH BOARD OF DIRECTORS ORANGE COUNTY WATER DISTRICT

March 25, 2016 @ 12:00 p.m.

Director Flory called the Property Management Committee meeting to order at 12 p.m. in Conference Room C-2. The Recording Secretary called the Roll and reported a quorum as follows. Committee OCWD Staff Steve Sheldon Jan Flory (not present) Roman Reyna Dina Nguyen (not present) Roger Yoh Alternates Phil Anthony (arrived 12:05 p.m.) Denis Bilodeau Jordan Brandman (not present) Shawn Dewane (not present) Cathy Green

Mike Markus – General Manager Bruce Dosier - Director IS/Property Joel Kuperberg – General Counsel Christina Fuller - Recording Secretary Don Jackson, John Kennedy, Nira Yamachika Others Pamela Galera – City of Anaheim Karen Ayres, Jason Ayres- Dan Copp Crushing Debbie Cook, John Earl- Residents Wolfgang Arnold- Phoenix Club

CONSENT CALENDAR The Consent Calendar was approved upon motion by Director Yoh, seconded by Director Bilodeau and carried [5-0] as follows. [Yes- Sheldon, Reyna, Yoh, Bilodeau, Green/No - 0]

1. Minutes of the Meeting The Minutes of the Property Management Committee meeting held February 26, 2016 were approved as presented. MATTERS FOR CONSIDERATION Director Anthony arrived during the following discussion. 2. Phoenix Club Directional Sign at Ball Road Basin Director of Property/IS Bruce Dosier presented the updated Phoenix Club directional signs to the Committee. The Committee briefly discussed the revised signs and then took the following action. Upon motion by Director Anthony, seconded by Director Bilodeau and carried [5-0], the Committee recommended that the Board at its April 20 Board meeting: Approve revised Phoenix Club directional sign [Yes- Sheldon, Reyna, Yoh, Anthony, Bilodeau/No - 0]

INFORMATIONAL ITEMS 3. Report on Dan Copp Crushing Corporation – 1120 N. Richfield Road, Anaheim Mr. Dosier briefly reviewed the history of the lease with Dan Copp Crushing. He reported that during a site inspection on February 2, 2016, Jason Ayres, President of Dan Copp Crushing, noted that there was some staining on the ground which was later identified by a laboratory as containing Petroleum Hydrocarbons in the soils. He stated that Mr. Ayres began a cleanup of the soil in March.

3/25/2016

2

He noted that the dirt is being investigated and will be cleared out at Dan Copp Crushing’s and the sub lessee’s expense. He stated that there are other potential contamination spots that will be assessed as well by an environment assessment firm and will be disposed of properly. 4. Easement and Assignment of Warranties with The Irvine Company for Pipeline Right of

Way for Recycled Water in Bombero Street - Newport Beach

Mr. Dosier reported that staff re-visited the pipeline design and easement necessity with The Irvine Company (TIC). He reported that TIC has agreed that an easement is no longer required and the District will not be responsible for this pipeline. He noted a service meter will be installed at the street and public right of way. He stated that since OCWD will only own portions of the project within the City right-of-way, there is no need for an easement within private property. 5. Status Update on the General Plan and Zone Change for the Ball Road Basin Property Mr. Dosier reported on the status of the general plan and zone change for the Ball Road Basin property. He advised that staff is waiting for the second draft of the EIR on the property for review. ITEMS TO AGENDIZE ON CONSENT CALENDAR AT THE APRIL 20 BOARD MEETING The Committee recommended item No. 2 be placed on the Consent Calendar at the April 20 Board meeting.

ADJOURNMENT There being no further business, the meeting was adjourned at 12:25 p.m. Stephen Sheldon, Chair

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AGENDA ITEM SUBMITTAL Meeting Date: April 22, 2016 Budgeted: N/A Budgeted Amount: N/A To: Property Management Cte. Cost Estimate: N/A Board of Directors Funding Source: N/A Program/Line Item No.: N/A From: Mike Markus General Counsel Approval: Required Engineers/Feasibility Report: N/A Staff Contact: B. Dosier/D. Jackson CEQA Compliance: N/A Subject: THIRD REVISION TO EASEMENT DEED TO CITY OF ANAHEIM FOR

UNDERGROUND UTILITIES AT ANAHEIM LAKE SUMMARY On March 24, 2016, the City of Anaheim requested that the District approve a third revised Easement Deed for undergrounding electrical and telecommunication utilities along Miraloma Avenue, Anaheim, to improve and enhance the City’s electric system, including the easement at Anaheim Lake. This is the third revised Easement Deed that changes the location and size of the easement area. Attachment(s): Easement Deed with City of Anaheim, APN 345-142-03 (Anaheim Lake) RECOMMENDATION Agendize for May 18 Board meeting: Approve and authorize execution of Easement Deed to the City of Anaheim to replace the Easement Deed recorded on June 2, 2015, as document no. 2015000284848 which revises the location of the easement area. BACKGROUND/ANALYSIS On February 18, 2015, the Board approved three easements to the City of Anaheim (City) for undergrounding electrical and telecommunication utilities along Miraloma Avenue, Anaheim, to improve and enhance the City’s electric system, one of which was for an easement at Anaheim Lake. However, the Easement Deed at Anaheim Lake was not signed as the City’s consultant, Henkels & McCoy, advised the District that upon review by the City of Anaheim Public Utilities Department (City), the City decided that it needed the easement area to be widened, so the easement area would extend into the parcel where the District’s irrigation well is located. On March 18, 2015, the Board approved the Easement Deed with the revised easement area and it was recorded with the Orange County Recorder on June 2, 2015, as document number 2015000284848. Subsequently, at a pre-construction meeting on June 24, the City of Anaheim Engineer noted that there was a backflow valve within the easement area that was installed in October 2014, prior to the City revising its easement area on February 17, 2015. Because of the location of the backflow valve, the City determined that it was necessary to move the easement area. Therefore, on August 19,

2015, the District approved the second revised Easement Deed to replace the Easement Deed recorded on June 2, 2015. On March 24, 2016, the District was notified by the City that there was an issue with the revised orientation of the Transformer Concrete Pad. The pad had to be rotated 90 degrees counterclockwise so that the front of the transformer is facing the existing road towards the lake. Due to the orientation change the dimensions of the easement was revised, as shown on the legal description (Exhibit “A”) and plat (Exhibit “B”). The City did not sign the second revised Easement Deed or vacate the easement acquired in the June 2, 2015 recorded Easement Deed. The City’s consultant, Henkels and McCoy, submitted a new Easement Deed with a revised legal description and plat, attached, and requested that the District approve the third revised Easement Deed.

TABLE 1 Easement Area

Date Parcel 1 Parcel 2 Total Pad Size 2-18-15 5.12’ x 5.08’ 7.34’ x 21’ 180 S. F. 3-18-15 5.12’ x 5.08’ 12’ x 21’ 278 S. F. 8-19-15 15.76’ x 6’ 12’ x 17.5’ 304 S. F. 4-22-16 12’ x 28.46’ N/A 342 S. F. S. F. = Square Feet The third revised easement area consists of 1 parcel and contains the transformer and its cement pad. The prior easement areas consisted of 2 parcels as shown in Table 1 above. Parcel 1 contains the service laterals; and Parcel 2 contains the transformer and its cement pad. The service laterals are now in the street right-of-way. Staff reviewed this change and it does not impact District operations. PRIOR RELEVANT BOARD ACTION(S) 8/19/15, R15-8-114, Second Revised Easement Deed for underground utilities at Anaheim Lake to City of Anaheim. 3/18/15, R15-3-36, Revised Easement for underground utilities at Anaheim Lake to City of Anaheim. 2/18/15, R15-2-25, Easements for underground utilities along Miraloma Avenue to City of Anaheim and Right of Entry for the City of Anaheim, AT&T and Time Warner.

LOCATION MAP

WELL SITE EASEMENT AREA

Recording Requested by:

By:

City Clerk of the City of Anaheim

WHEN RECORDED MA IL TO: CITY CLERK

CITY OF ANAHEIM P.O. BOX 3222

ANAHEIM, CA 92803

EXEMPT-GOVERNMENT AGENCY (Government Code §§6 103 & 27383)

City Clerk, City of Anaheim (Space Above Line For Recorder's Use Only)

EASEMENT DEED

City Deed#

APN#

File# 345-142-03

FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as amended ("Grantor") HEREBY GRANTS to the CITY OF ANAHEIM, a municipal corporation ("Grantee") a non-exclusive easement for public utility and telecommunication purposes to construct, reconstruct, install , replace, reconfigure, operate, maintain, repair, relocate, remove, inspect, observe, and study Grantee ' s facilities, equipment, and related appurtenances in, on, over, under, upon, above, along and across the land in the City of Anaheim, County of Orange, State of California, described in Exhibits "A" and "B" attached hereto and incorporated by reference herein ("Easement Area"), together with all rights of ingress and egress thereto, including the right to enter onto the Easement Area with such vehicles, machinery, and equipment as may be necessary or convenient to the construction, reconstruction, installation, replacement, reconfiguration, operation, maintenance, repair, relocation, removal, inspection, observation, and study of said facilities, equipment, and appurtenances.

Except as otherwise provided herein, Grantee has the right to prevent any activity on or use of the Easement Area that (a) is inconsistent with the purposes of this easement; (b) interferes with or is hannful to Grantee's rights herein;, or ( c) interferes with or is harmful to Grantee's facilities. Grantor agrees not to use or allow the use of the Easement Area in such a way as to impede, harm, or interfere

with (a) the Grantee's rights as defined herein; or (b) Grantee's facilities. Grantee will backfill to grade, pay reasonable costs of removal, repair or restoration, of grass or asphalt only within the Easement Area affected by work performed by Grantee in furtherance of the rights granted herein. Grantee agrees not to remove any 1•:ees within the Easement Area existing at the time this Easement Deed is executed, without the advanced written approval of the Grantor's General Manager or the General Manager' designee.

1. RESERVATION: This grant of easement is subject to the following reservations in favor of Grantor: Subject to rights and obligations set forth above, Grantor hereby reserves perpetual access rights across, through, under, and over the Easement Area for the purpose of obtaining access to any above-surface or below surface facilities of Grantor.

2. SUCCESSORS: This Easement Deed, and all of the terms, conditions and prov1s1ons herein, shall inure to the benefit of, and be binding upon, Grantor, Grantee, and their respective successors, transferors, and assigns.

3. GOVERNING LAW: This Easement Deed and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County.

4. MAINTENANCE: Grantee shall maintain all improvements that Grantee constructs in the Easement Area in good condition at its sole cost and expense.

5. IMPROVEMENTS: Prior to the commencement of construction of any improvements, Grantee shall coordinate activities on OCWD property with OCWD's Engineering Department, which is located at the OCWD's Fountain Valley Office, 18700 Ward Street, Fountain Valley, CA 92708, (714) 378-3232.

6. This Easement Deed replaces and supersedes the Easement Deed recorded on June 2, 2015 in the Official Records of Orange County California as document number 2015000284848.

DATED:

APPROVED AS TO FORM, RUT AN & TUCKER LLP

General Counsel, Orange County Water District

ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as amended

By: Cathy Green, President Orange County Water District

Michael R. Markus P.E., General Manager

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EXHIBIT 'A'

(UNDERGROUND UTILITY EASEMENT) LEGAL DESCRIPTION

In the City of Anaheim, County of Orange, State of California

UD62-24

BEING A PORTION OF LOT 1 IN BLOCK "K" OF THE KRAEMER TRACT, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON MAP THEREOF RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA

PARCEL 1

A STRIP OF LAND 12.00 FEET WIDE LYING 6.00 FEET ON EITHER SIDE OF THE CENTERLINE OF SAID STRIP AND DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF EAST MIRALOMA AVENUE AND MILLER STREET THENCE NORTHEASTERLY ALONG THE CENTERLINE OF MIRALOMA AVENUE NORTH 74°02'43" EAST 674.32 FEET; THENCE DEPARTING SAID CENTERLINE IN A NORTHERLY DIRECTION NORTH 15°57'17" WEST 37.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID MIRALOMA AVENUE A 37 FOOT NORTH HALF STREET, SAID POINT BEING THE POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY NORTH 15°57'17" WEST 28.46 FEET TO THE END OF PARCEL 1.

THE SOUTHERLY SIDELINES OF SAID 12.00 FOOT STRIP SHALL BE SHORTENED OR LENGTHENED SO AS TO TERMINATE IN SAID NORTHERLY RIGHT-OF-WAY OF MIRALOMA AVANUE.

THE ABOVE DESCRIBED PARCEL 1 CONTAINS 342 SQUARE FEET, 0.008 ACRES MORE OR LESS.

APN 345-142-03

PATRICK R. MERCADO, PLS 6382 DATE

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EXHIBIT "B" SHEET: 1 Of 1

PORTION OF LOT 1 OF BLOCK K OF KRAEMER TRACT IN ll-lE Cl1Y OF ANAHEIM, COUN1Y OF ORANGE RECORDED IN BOOK 12

PAGE 87 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUN1Y

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UD62 - UTILITY EASEMENT PARCEL 1

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----- EASEMENT -- - - -- RIGHT OF WAY -- --- CENTERLINE - - - - - - PROPERTY LINE

(R1) - PM No. 2006-184

BOOK 359/6-7 P.M.8.

DATE: 7 /28/2015

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N15·57'17"W 37.00'

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EXHIBIT "B" TO ACCOMPANY LEGAL DESCRIPTION

IN THE CITY OF ANAHEIM COUNTY OF ORANGE, STATE OF CALIFORNIA

<909)469-1100 UNDERGROUND DISTRICT NO. 62 21

~.~~~ndFloor REVISlON:3/23/2016 UTILITY EASEMENT LOCATIONS P&rftHman::.:~~~:::a~us/ness ... L--------+----------------j

APN: 345-142-03 NO. 24: 3413 E. MIRALOMA AVE.

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AGENDA ITEM SUBMITTAL Meeting Date: April 22, 2016 Budgeted: N/A Budgeted Amount: N/A To: Property Management Cte. Cost Estimate: N/A Board of Directors Funding Source: N/A Program/Line Item No. N/A

From: Michael Markus General Counsel Approval: N/A Engineers/Feasibility Report: N/A Staff Contact: B. Dosier/ Jackson/ Bolin CEQA Compliance: N/A Subject: REQUEST FOR QUOTES FOR ON CALL PROPERTY ACQUISITION

SERVICES SUMMARY Staff has identified a need for on-call Property Acquisition Services to assist in acquiring property rights for small parcels of land for monitoring wells, injection wells, and water treatment and small storage facilities with connecting pipelines facilities in various locations for Board approved projects. In order to construct the projects, it is necessary to acquire property rights to access the parcels in a timely manner from willing property owners. Staff would like to issue a Request for Quote for On Call Property Acquisition. RECOMMENDATION Agendize for May 18 Board meeting: Authorize issuance of Request for Quote for on-call Property Acquisition Services and return to the Property Management Committee with a staff recommendation. BACKGROUND/ANALYSIS The District locates monitoring wells, injection wells, and water treatment facilities with connecting pipelines in various locations for Board approved projects. To implement these projects, staff may need to approach several property owners at one time to acquire the property access rights for these facilities. This can be best accomplished by a dedicated acquisition service company that can provide the support needed to acquire the access rights to the parcels in a timely manner. Once approved by the Board, Staff would process Professional Service Agreements (PSA) with up to three (3) selected firms to have companies on-call and available if and when necessary. Under this approach, these consultants would provide firm quotes on an annual or other periodic basis for services on a unit basis (i.e., hourly rates), with the understanding that the District may (but is not required to) direct them to perform services to support the evaluation of potential land for lease, easement, or purchase. The process of executing a PSA with an outside company typically will take one to four weeks. By executing a PSA in advance, this time delay can be avoided. When the District has a project in which Property Acquisition Services are required, a work order or similar notification would be submitted to the selected firms. The selected firms, at the receipt of each work order, will submit to the District an estimate of time and cost required

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to complete the work order. Based on the availability of the firm and the cost, the District will select one of the firms to perform the work through issuance of a purchase order. The costs of property acquisition services would be budgeted and approved with the appropriate project. The Property Acquisition Services would include identifying the property acquisition needs of a project, contacting property owners or their agents, negotiating with property owners or their agents, obtaining title reports, property appraisals, and obtaining review appraisals as needed. Staff is recommending issuance of a Request for Quote for On Call Property Acquisition Services. PRIOR RELEVANT BOARD ACTION(S) None.

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AGENDA ITEM SUBMITTAL Meeting Date: April 22, 2016 Budgeted: N/A Budgeted Amount: N/A To: Property Management Cte. Board of Directors

Estimate Annual Revenue: $386,748 Funding Source: N/A

Program/ Line Item No. N/A From: Mike Markus General Counsel Approval: N/A Engineers/Feasibility Report: N/A Staff Contact: B. Dosier/D. Jackson CEQA Compliance: N/A Subject: UPDATE ON DAN COPP CRUSHING CORPORATION REMEDIATION

PLAN SUMMARY At the March 25, 2016 Property Management Committee meeting, District staff advised the Committee that Jason Ayres, President of Dan Copp Crushing, Inc. who leases land from the District at the southerly end of Richfield Road in Anaheim, noted that there was some staining on the ground which was later identified by a laboratory as containing Petroleum Hydrocarbons in the soils. Mr. Ayres began a cleanup of the soil in March but stopped as the project was more extensive than he anticipated. Mr. Ayres has submitted a Revised Work Plan for Surface Soil Remediation and is ready to proceed. Staff will report on the status of the cleanup. Attachment(s): None+ RECOMMENDATION Informational. BACKGROUND/ANALYSIS At the March 25, 2016 Property Management Committee meeting, District staff advised the Committee that Jason Ayres, President of Dan Copp Crushing, Inc. who leases an 8.2 acre parcel of land from the District at the southerly end of Richfield Road in Anaheim, noted that there was some staining on the ground which was later identified by a laboratory as containing Petroleum Hydrocarbons in the soils. Staff reviewed the Work Plan for Surface Soil Remediation that Mr. Ayres submitted and suggested revisions to the Work Plan. Mr. Ayres has submitted a Revised Work Plan and staff has reviewed the plan and approves. Mr. Ayres is ready to proceed with the work. Staff will report on the status of the cleanup.

PRIOR BOARD ACTION(S) 5/20/15, R15-5-59, Consent to assignment of Lease with Dan Copp Crushing due to change in ownership. 9/5/12, R12-9-106, Authorize Amendment Three to Lease with to add two 5 year options to extend lease with mutual consent of both parties and place protective barriers on Richfield Road, Anaheim. 11/02/11, R11-11-163, Authorize Amendment Two to Lease to extend the term of the Lease to a new Expiration Date of March 31, 2017. 7/7/10, R10-7-102, Authorize Amendment One to Lease to add the use of a Wholesale Container Nursery to lease as well as language for the control of the type of fertilizers, pesticides or herbicides to be used on the Premises; 8/15/07, M07-113, Authorize lowering the General Liability Insurance coverage to $1 million for Dan Copp Crushing Corporation subleases. 3/7/07, R07-3-28B, Approving and Authorizing Execution of Five Year Lease to Dan Copp Crushing, Inc. for 4/17/02, R02-4-67, Renewal on a month-to-month basis of lease with Dan Copp Crushing for operation of a rock crushing plant to recycle asphalt and concrete at Huckleberry Pond, Anaheim. 5/16/01, R01-5-77, One year renewal through May 31, 2006 of lease with Dan Copp Crushing for operation of a rock crushing plant to recycle asphalt and concrete at Huckleberry Pond, Anaheim. 5/15/96, R96-5-82, Renewal of lease with Dan Copp Crushing for operation of a rock crushing plant to recycle asphalt and concrete at Huckleberry Pond, Anaheim at a rent of $3,200 per month, adjusted annually by the Consumer Price Index. 2/20/91, R91-2-57, Renewal of lease with Dan Copp Crushing for operation of a rock crushing plant to recycle asphalt and concrete at Huckleberry Pond, Anaheim. 11/04/87, R87-11-118, Extends the termination date of the lease and increases the rental fee. 8/21/85, R85-8-83, Extends the termination date of lease. 9/30/80, R80-7-71, Lease of District property at Huckleberry Pond, Anaheim to Dan Copp Crushing for operation of a rock crushing plant to recycle asphalt and concrete.

Location Map

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AGENDA ITEM SUBMITTAL

Meeting Date: April 22, 2016 Budgeted: N/A Budgeted Amount: N/A To: Property Management Cte. Cost Estimate: N/A Board of Directors Funding Source: N/A Program/ Line Item No. N/A From: Mike Markus General Counsel Approval: N/A Engineers/Feasibility Report: N/A Staff Contact: B. Dosier/D. Jackson CEQA Compliance: N/A Subject: UPDATE ON THE ISLANDS GOLF CENTER REQUEST FOR RENT RELIEF

SUMMARY

At the February 26, 2016 Property Management Committee meeting, Gentry Golf, Inc., d.b.a. The Island Golf Center (Gentry), addressed the Committee concerning their financial issues. After some discussion, the Committee deferred further discussion for 60 days to allow Gentry to gather more information, present financial statements with a proposed solution for the Committee to discuss and reconsider. The 60 days has passed and staff has not received the financial statements and/or proposed solution, however, the Islands Golf Center has paid in full its $35,797.51 past due rent to date, including late fees and interest. Attachment(s): None RECOMMENDATION Informational. BACKGROUND/ANALYSIS At the February 26, 2016 Property Management Committee meeting, Mr. William Cathcart, President of Gentry, and Mr. Michael Green, General Manager, addressed the Committee and acknowledged that Gentry’s The Islands Golf Center has financial issues, however they reported they are developing a business plan that will assist with cash flow and the payment of their delinquent rent. Mr. Green noted the current financial hardship is due to the loss of golf balls while Burris Basin is drained; the loss of a sub-tenant due to the lack of business; the loss of revenue due to a decrease in customer attendance; and increased local competition from a golfing center in Orange. The Committee discussed the issues and concerns presented and recommended the matter be deferred for 60 days to allow Mr. Green and Mr. Cathcart to gather more information, present financial statements with a proposed solution for the Committee to discuss and reconsider. The 60 day period has now passed. Staff has been in contact with Mr. Cathcart, who has not provided Staff with the financial statements or proposal requested. However, The Islands Golf Center has paid in full its past due rent of $35,797.51 plus late fees and interest. The current rent effective October 1, 2015 is $8,434 per month. Staff will advise the Committee on the status of the Gentry’s Plan.

PRIOR RELEVANT BOARD ACTION(S) 4/3/13, R13-4-28, Approving Gentry Golf Consent to Sublease to S & W Golf; 4/3/13, R13-4-29, Approving Gentry Golf Consent to Sublease to Golf for Life Skills; 9/7/11, R11-9-124, Approving Gentry Golf Consent to Sublease to Golf on the Edge at Burris Basin; 7/20/11, R11-07-112, Approve Consent to Sublease with Gentry Golf d.b.a. The Islands Golf Center to sublease to Golf on the Edge, for a term of 5 days; 8/6/08, R08-8-107, Authorizing amended and restated lease agreement with Gentry Golf, Inc. d.b.a. The Island Golf Center at Burris Basin; 10/20/04, R04-10-128, Consent to Sublease to Worldwide Golf Enterprises, Inc. d.b.a. Roger Dunn Golf Shop for operation of a golf pro shop; 08/06/08, R08-08-107, Approved and Authorized Execution of Lease to Gentry Golf, Inc. d.b.a. The Island Golf Center for Golf Facility at Burris Pit; 9/17/03, R03-9-139, Authorized Amendment Five to Lease to extend the Expiration Date of Lease to October 22, 2003; 1/15/03, R03-10-150, Approve and authorize Amendment Six to Lease to Extend the term of the Lease to September 30. 2008, a new option to extend the lease for 5 years, change the percentage rent to 12% of Gross Receipts for 2 years with a 1% increase in the percentage rent thereafter, Minimum rent set at $6,000/mo. and after two years increase it by equal amounts to $7,000/mo. and other minor changes; 7/21/99, M99-135, Approve Waiver of Rent at the Island Golf Center for One Evening for the Anaheim Fire Department Swift Water Rescue Team Water Rescue Demonstration; 4/21/99, R99-4-50, Approving and Authorizing Execution of Consent to Sublease by Gentry Golf of the Islands Golf Center to David Graf for Operation of Restaurant/Bar; 4/16/97, R97-4-55, Approving and Authorizing Amendment Four to Gentry Golf, Inc. Lease for Burris Pit Golf Concession; 3/19/97, R97-3-39, Approving and Authorizing Execution of Gentry Golf, Inc. Consent to Assignment of Lease and Consent to Subleases; 1/15/97, R97-1-7, Instructing Staff to Issue Notices to Gentry Golf to Pay Delinquent Rent and Cure Lease Violations; 4/20/94, R94-4-65, Approving and Authorizing Execution of Amendment Three to Gentry Golf Lease at Burris Pit adds rent for Chipping Green and sets pro shop rent at $2,000 per month;

1/19/94, R94-1-8, Provides for Issuance of License Agreements; 7/7/93, R93-7-120, Receiving and Filing Affidavit of Publication of Notice Inviting bids and rejecting all bids for Contract No. SAR -93-2, Islands Golf Center Site Improvements; and Approving and Authorizing execution of Amendment No. 2 to Gentry Golf, Inc. Lease providing for Purchase Lease Back Agreement; 2/17/93, R93-2-27, Approved and Authorized Execution of Amendment One to Gentry Golf Lease and transfer of funds; 12/18/91, R91-12-284, Approved and Authorized Execution of Lease to Gentry Golf, Inc. for Golf Facility at Burris Pit.

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AGENDA ITEM SUBMITTAL Meeting Date: April 22, 2016 Budgeted: N/A Budget Amount: N/A To: Property Management Cte. Cost Estimate: N/A Board of Directors Funding Source: N/A Program/Line Item No.: N/A From: Mike Markus General Counsel Approval: N/A Engineers/Feasibility Report: N/A Staff Contact: B. Dosier/D. Jackson CEQA Compliance: N/A Subject: STATUS UPDATE ON THE GENERAL PLAN AND ZONE CHANGE FOR

THE BALL ROAD BASIN PROPERTY SUMMARY At the September 2, 2015 Board of Directors meeting, staff was directed to continue the process to change the General Plan and Zoning from Open Space/Transitional to General Commercial with the City of Anaheim (City) for the Ball Road Basin (BRB) property. Staff will update the Committee. RECOMMENDATION Informational. DISCUSSION/ANALYSIS In 2007, the Board authorized staff to begin the process to change the General Plan and Zoning of the Ball Road Basin property from Open Space/Transitional to General Commercial. A Conceptual Design Review application was submitted by the District to the City of Anaheim for a General Plan Amendment and Zone Change and updated in April 2011. As part of the process, an Environmental Impact Report (EIR) was being prepared by Environmental Advisors, LLC. The First Screen Check Draft EIR (DEIR) developed by Environmental Advisors had been reviewed by City Staff and by the City’s independent environmental consultant for peer review. In October 2013, Environmental Advisors submitted the Second Screen Check DEIR to District staff for review, incorporating the City’s and City’s consultant review comments. Although the District has been in the process of changing the General Plan and Zoning, there is no guarantee that the General Plan and Zone change will be approved. In 2014, the Board suspended efforts on changing the General Plan and Zoning and the EIR. This was due to the District executing an Option Agreement for a Lease of the Ball Road Basin property with Orange County Energy Park, LLC, a wholly owned subsidiary of Competitive Power Ventures, Inc. (OCEP) for potential use as an electrical generating facility. In November 2014, OCEP terminated the Option Agreement, releasing their interest in the property. On September 2, 2015, the Board directed staff to continue the process to change the General Plan and Zoning with the City of Anaheim for the Ball Road Basin property,

including continuing the development of the EIR. Subsequent to that, the Board authorized a Change Order to Environmental Advisors in the amount of $28,295 for additional work on the EIR; authorized an agreement with Environmental Advisors for land entitlement and government relations services in the amount not to exceed $26,000; approved the General Manager to enter into an agreement for survey services in an amount not to exceed $20,000; and authorized an additional deposit of $20,000 to the City for its environmental consultant to conduct the peer review of the District’s EIR. Staff will update the committee. Next Steps.

1. Completion of the Draft EIR 2. Completion of Legal Description 3. Release of Draft EIR by City of Anaheim 4. Preparation of Response to comments on Draft EIR. 5. Submission of development Application and EIR to City. 6. Consideration of GPA/ZC by the City’s Planning Commission 7. Consideration of the GPA/ZC by the Anaheim City Council

Summary of Prior Steps Taken November 2006 Letter to OCFCD regarding developing the Ball Road Basin property including

resolving flood easement on Ball Road Basin February 2007 Letter from OCFCD requesting evaluation of specific issues including a

Hydrology and Hydraulics study prior to conceptual approval of releasing flood easement on Ball Road Basin

July RFP issued by OCWD Engineering for Hydrology and Hydraulics study of Ball

Road Basin and Chantilly Storm Channel August Filed General Plan Amendment and Zone change with $22,000 deposit with

the City September Agreement approved with Boyle Engineering for Hydrology and Hydraulics

study of Ball Road Basin and Chantilly Storm Channel Received City staff comments regarding the General Plan Amendment and Zone change

October Staff met with City staff to review City staff’s comments regarding the General

Plan Amendment and Zone change January 2008 Staff and Boyle met with OCFCD to discuss the Hydrology and Hydraulics

study and OCFCD’s requirements for conceptual approval of the levee encroachment and improvements to the Chantilly Storm Drain Extension to the Santa Ana River

February Meeting with Army Corps of Engineers (Corps) to discuss the Hydrology and Hydraulics study and Corps’ requirements for conceptual approval of the levee encroachment and improvements to the Chantilly Storm Drain Extension to the Santa Ana River

March Letter sent to the Corps by Boyle requesting conceptual approval April Letter received from Corps stating conceptual approval Staff and Boyle met with OCFCD to discuss the Corps conceptual approval Letter sent to OCFCD requesting conceptual approval

August Letter received from OCFCD stating conceptual approval and would be able to

relinquish their easement over the Basin provided that certain criteria, as outlined in the letter, are met

September Boyle finalized the Hydrology and Hydraulics report October Draft Agreement sent to OCFCD March 2009 Staff received a revised draft Agreement and is reviewing April Staff has reviewed the agreement and has requested a meeting with OCFCD

to discuss and clarify several items including assignment of the agreement to another party.

May Staff met with OCFCD staff to discuss and clarify several items including

assignment of the agreement to another party.

June Staff sent revised agreement to OCFCD. October Staff discussed changes to agreement with County Counsel.

Staff advised by OCFCD that they are still reviewing the draft Agreement

April 2010 Staff received a revised draft Agreement and is reviewing May Staff reviewing revised draft Agreement June Staff submitted comments regarding Guaranty to OCFCD August Staff met with OCFCD to discuss Guaranty and potential alternatives

Staff received a revised draft Agreement and is reviewing

September Staff reviewing revised draft Agreement

Staff advised that OCFCD will be providing additional revisions

November Staff advised that OCFCD is finalizing the revised draft Agreement December Staff received revised Agreement from OCFCD

January 2011 Staff reviewed Agreement and provided additional comments to OCFCD February Staff met with City staff to determine how to proceed with the GPA/ZC March Staff received final draft Agreement from OCFCD April Filed an updated application for the GPA/ZC May Hired Chamber’s Group, Inc. for CEQA Initial Study

August OCFCD sent signing copies of agreement for OCWD signature September Returned signed copies of the agreement to OCFCD for processing. October Met with Anaheim Planning and Traffic staff to discuss traffic study

requirements in the Initial Study January 2012 Chambers developing Initial Study (traffic study)

OCFCD agreement agendized for OC Board of Supervisors approval

February Chambers continued development of Initial Study (traffic study and air quality

report) March Chambers continued development of Initial Study (waiting for Anaheim data for

traffic study) April Traffic and Air studies complete and Chambers has provided a draft Initial Study

for staff review May Staff reviewing draft Initial Study July Final version of Initial Study received from Chambers

Initial Study provided to City of Anaheim

August Board authorized issuance of an RFP for preparation of an EIR

City of Anaheim provided comments on the Initial Study

September Initial Study revised by District environmental consultant and provided to City

for additional comments October

City of Anaheim provided additional comments on the Initial Study Initial Study revised by District environmental consultant and provided to City for additional comments Issued RFP to select consultant to prepare EIR

November Received proposals to prepare EIR; review proposals and interview firms December

Board authorized preparation of an EIR by Environmental Advisors for the Ball Road Basin Property; and Engineering Support services from Adams- Streeter Engineering.

January 2013

Held EIR kickoff meeting with consultants.

February NOP distributed and 30-day review period started Held EIR scoping meeting with City of Anaheim for public comment

March

NOP 30 day review period ended and City has received public comments.

April Technical studies for EIR prepared May

Draft technical studies out for review

June

Final technical studies out for review

July

First Screencheck Draft EIR reviewed by staff, City staff and peer review

August

First Screencheck Draft EIR reviewed by staff, City staff and peer review

September

Second Screencheck Draft EIR under development

October

Second Screencheck Draft EIR under review by staff. Meeting with City staff regarding use as a Utility under Commercial land use designation

December

Lease Option Agreement executed with Orange County Energy Park, LLC. (OCEP), Competitive Power Ventures, Inc. – “CPV”)

Second Screencheck Draft EIR under review by staff.

January 2014

Meeting with City of Anaheim to discuss additional EIR requirements.

February

Received NOP for EIR from City of Anaheim for City’s proposed GPA/ZC to Park

March

District sends response letter to NOP

May

District sends letter requesting additional explanation for evaluating park and power plant alternatives

August

District sends letter to City of Anaheim advising it is suspending efforts on GPA/ZC

November

OCEP terminates Lease Option Agreement

January 2015

Meeting with City of Anaheim to discuss City’s interest in acquiring Ball Road Basin for park purposes

September

Board directs staff to continue effort with EIR for GPA/ZC

November

Board approval of change order for additional EIR work for the GPA/ZC; and for land entitlement and government relations services; and survey services

February 2016

Board authorizes additional funds for City’s peer review.

March

Additional funds approved in February deposited with the City of Anaheim Depositor Trust Fund.

PRIOR BOARD ACTION 03/16/16, R16-3-xx Authorize payment of $20,000 to the City of Anaheim as an

additional deposit of funds to cover District costs for the City of Anaheim’s Environmental Impact Report peer review process.

11/18/15, R15-11-170 Authorize issuance of Change Order to Environmental Advisors

in the amount of $28,295; and agreement with Environmental Advisors for Services in the amount not to exceed $26,000; and for survey services not to exceed $20,000 for the General Plan and Zone Change for the Ball Road Basin Property located on Ball Road and Phoenix Club Drive, Anaheim.

9/2/15, M15-125 Direct Staff to continue efforts with the EIR in connection with the

application with the City of Anaheim for a General Plan Amendment and Zone Change for the Ball Road Basin.

8/06/14, M14-114 Directing staff to transmit a letter to City of Anaheim advising that OCWD is suspending efforts on General Plan Amendment and Zone Change for the Ball Road Basin Property.

12/09/13, R13-12-145 Option Agreement for the lease of real property to Orange County Energy Park, LLC, for proposed gas-fired electric, electrical generation facility on the Ball Road Basin property located on Ball Road and Phoenix club drive in Anaheim; authorizing agreement to sell GWRS water to CPV, and requiring mitigation of traffic impacts.

9/18/2013, R13-9-123 Amendment to Exclusive Due Diligence and Negotiation Agreement with Basin Development, LLC (Competitive Power Ventures, Inc. – “CPV”) to allow use of the property as a park by the City of Anaheim so long as it is consistent with the development of the power plant that CPV proposes.

8/21/13-R13-8-110 Six-month Exclusive Due Diligence and Negotiation Agreement with Basin Development, LLC (Competitive Power Ventures, Inc.

– “CPV”) for a potential future lease for an Electrical Generation Station.

4/03/13, M13-46 Issue check in the amount of $57,500 to City of Anaheim for additional funds deposit for the General Plan Amendment and Zone Change; for Sewer Study; and for peer review of the Environmental Impact Report

12/19/12, R12-19-145 Issue Work Order to Environmental Advisors to prepare an EIR for an amount not to exceed $185,921; and an Agreement with Adams-Streeter for engineering support services in the amount of $24,700

9/7/11, M11-144 Issue Work Order to Chambers Group for an amount not to exceed $21,000 to prepare traffic and air quality studies

3/2/11, M11-41 Direct staff to hire a consultant to prepare initial study and determine appropriate CEQA documentation (resulted in hiring Chambers Group for the amount of $32,611)

2/2/11, R11-2-12 General Manager to finalize and execute the Chantilly Storm Channel Agreement with Orange County Public Works Department- Flood Control Division

9/5/07, R07-9-118 Professional Services Agreement to Boyle Engineering Corporation for an amount not to exceed $47,233 for the Ball Road Basin Hydrology and Hydraulics Study

8/15/07, M07-111 General Plan Amendment and Zone Change Application with City of Anaheim for Ball Road Basin and issuance of a check in the amount of $22,000 to City of Anaheim for the application deposit.

7/18/07, M07-103 Issue RFP for Hydrology and hydraulics Study of Ball Road Basin

5/2/07, M07-71 Direct staff to investigate approach for clearing entitlements from Ball Road Basin property

10/18/06, M06-131 Determine Ball Road Basin not suitable for surface recharge, or storage; and retaining a portion of the basin for potential injection well recharge using GWR

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