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AGENDA PROPERTY MANAGEMENT COMMITTEE MEETING WITH BOARD OF DIRECTORS * ORANGE COUNTY WATER DISTRICT 18700 Ward Street, Fountain Valley (714) 378-3200 Friday, August 22, 2014, 12 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 to allow all Board members to hear the presentations and participate in the discussions. OCWD Directors receive no additional compensation or stipend as a result of simultaneously convening this Board of Directors meeting. Items recommended for approval at this meeting will be placed on the Consent Calendar at the September 3, 2014 Board meeting.
ROLL CALL VISITOR PARTICIPATION Members of the audience wishing to address the Committee/Board on items of interest to the public are requested to identify themselves. If the matter on which they wish to comment is an Agenda item, the visitor will be called on when that matter comes up for consideration.
ITEMS RECEIVED TOO LATE TO BE AGENDIZED RECOMMENDATION:
Determine need to take action on item(s) which arose subsequent to posting of the Agenda (Adoption of this recommendation requires two-thirds vote of the Board/Committee, or, if less than two-thirds of the members are present, a unanimous vote)
CONSENT CALENDAR (ITEMS NO. 1 - 2) 1.
MINUTES OF PROPERTY MANAGEMENT COMMITTEE MEETING JULY 25, 2014 RECOMMENDATION:
Approve minutes as presented
AMENDMENT NINE TO PHEASANT HUNTING LEASE AT PRADO BASIN TO ELAINE RAAHAUGE D.B.A. MIKE RAAHAUGE’S SHOOTING ENTERPRISES RECOMMENDATION:
Agendize for September 3 Board meeting: Approve and authorize execution of Amendment Nine to Pheasant Hunting Lease with Elaine Raahauge d.b.a. Mike Raahauge’s Shooting Enterprises that provides for a one-year extension of the lease through September 30, 2015, with all terms and conditions remaining the same END OF CONSENT CALENDAR
MATTERS FOR CONSIDERATION 3.
REQUEST FOR EXTENSION OF LEASE FROM CORONA RECREATION, INC. AT WARNER BASIN AND ANAHEIM LAKE RECOMMENDATION:
Agendize for September 3 Board meeting: Direct staff to negotiate a revised lease with Corona Recreation, Inc.
PROPOSED EASEMENT TO CITY OF ANAHEIM AND ACQUISITION AGREEMENT TO YORBA LINDA WATER DISTRICT (YLWD) FOR ELECTRICAL SERVICE FOR YLWD PRODUCTION WATER WELL NO. 21 RECOMMENDATION:
Agendize for September 3 Board meeting: 1)
Approve and authorize execution of Acquisition Agreement to Yorba Linda Water District for an easement to the City of Anaheim for electrical service at YLWD Well No. 21 at Warner Basin for a fee of $4,000; and
Approve and authorize execution of Easement Deed to the City of Anaheim for electrical service to the YLWD Well No. 21 at Warner Basin
INFORMATIONAL ITEMS 5.
STATUS UPDATE OF THE ANAHEIM CANYON SPECIFIC PLAN
QUARTERLY REPORT ON LEASES AND PERMITS/LICENSES FOR THE PERIOD ENDING JUNE 30, 2014 ITEMS TO BE PLACED ON CONSENT CALENDAR FOR SEPTEMBER 3 BOARD MEETING DIRECTORS' ANNOUNCEMENTS/REPORTS GENERAL MANAGER’S ANNOUNCEMENT/REPORT ADJOURNMENT
In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted in the main lobby of the Orange County Water District, 18700 Ward Street, Fountain Valley, CA not less than 72 hours prior to the meeting date and time above. All written materials relating to each agenda item are available for public inspection in the office of the District Secretary. Backup material for the Agenda is available at the District offices for public review and can be viewed online at the District’s website: www.ocwd.com Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the District Secretary at (714) 378-3233, by email at [email protected] by fax at (714) 378-3373. Notification 24 hours prior to the meeting will enable District staff to make reasonable arrangements to assure accessibility to the meeting. As a general rule, agenda reports or other written documentation has been prepared or organized with respect to each item of business listed on the agenda, and can be reviewed at www.ocwd.com. Copies of these materials and other disclosable public records distributed to all or a majority of the members of the Board of Directors in connection with an open session agenda item are also on file with and available for inspection at the Office of the District Secretary, 18700 Ward Street, Fountain Valley, California, during regular business hours, 8 a.m. to 5 p.m., Monday through Friday. If such writings are distributed to members of the Board of Directors on the day of a Board meeting, the writings will be available at the entrance to the Board of Directors meeting room at the Orange County Water District office.
PROPERTY MANAGEMENT COMMITTEE
Committee Members Steve Sheldon, Chair Philip Anthony, Vice Chair Harry Sidhu Denis Bilodeau Roger Yoh Alternates Cathy Green Jan Flory Kathryn Barr Vincent Sarmiento Shawn Dewane
MINUTES OF THE PROPERTY MANAGEMENT COMMITTEE MEETING WITH BOARD OF DIRECTORS ORANGE COUNTY WATER DISTRICT July 25, 2014 @ 12:00 p.m. Property Management Committee Chair Sheldon called the Property Management Committee meeting to order at 12 p.m. in Conference Room C-2. The Assistant District Secretary called the Roll and reported a quorum as follows. Committee Members: Steve Sheldon Philip Anthony Harry Sidhu Denis Bilodeau Roger Yoh Alternates Cathy Green Jan Flory Kathryn Barr Vincent Sarmiento Shawn Dewane
(arrived 12:05 p.m.) (arrived 12:15 p.m.)
OCWD Staff Mike Markus, General Manager Judy-Rae Karlsen, Assistant District Secretary Roy Herndon, Don Jackson, John Kennedy, Greg Woodside
Others: Jonathan Borrego, Pamela Galera - City of Anaheim
(not present) (not present) (not present)
VISITOR PARTICIPATION There were no persons wishing to address the Committee on matters not on today’s Agenda. CONSENT CALENDAR The Consent Calendar was approved upon motion by Director Dewane, seconded by Director Yoh and carried [4-0] as follows. [Yes-Sheldon, Anthony, Yoh, Flory/ No - 0] 1.
Minutes of the Meeting
The minutes of the Property Management Committee meeting held June 27, 2014 were approved as presented. 2.
Amendment Three to Access Permit with the Water Replenishment District of Southern California
Recommended for approval at the August 6 Board meeting: Approve and authorize execution of Amendment Three to Access Permit with Water Replenishment District of Southern California, extending the permit expiration date to August 31, 2019 for access to three OCWD-owned monitoring wells, OCWD-34L10, OCWD-34N21, OCWD-34U8, to satisfy regulatory monitoring requirements. MATTER FOR CONSIDERATION Directors Sidhu and Bilodeau arrived during discussion of the following item.
Status of the General Plan Amendment and Zone Change for the Ball Road Basin Property Located on Ball Road and Phoenix Club Drive in Anaheim
Executive Director Greg Woodside reviewed the District’s request for the General Plan Amendment and zoning changes on the Ball Road Basin property in Anaheim. The City of Anaheim (City’s) representative Jonathan Borrego reviewed the City’s zoning process and the Committee discussed the current Environmental Impact Report (EIR) and the requirements that require the District to perform additional analysis in the EIR due to the execution of an Option to Lease with Orange County Energy Park, LLC. Staff noted that in the City’s July 24, 2014 letter, that the City is not requiring the Park use as an alternative. Director Bilodeau questioned the legitimacy of Anaheim making the determination of “known projects” and Director Sheldon stated the reason for the requirement for additional analysis should be more clearly justified. The Committee then directed staff to transmit a letter to the City of Anaheim that lists concerns and the Committee proposed the staff suspend work on the General Plan Amendment and Zone Change to “Commercial”, and requesting that the City suspend further work on the City’s General Plan Amendment and Zone Change to “Park” until the power plant matter is resolved. The Committee took the following actions. Upon motion by Director Bilodeau, seconded by Director Yoh and carried [5-0], the Committee recommended that the Board at its August 6 Board: 1) Direct staff to transmit letter to City of Anaheim stating the District’s intention to suspend work on the District’s General Plan Amendment and Zone Change to “Commercial” and request that the City suspend its work on the City’s General Plan Amendment and Zone Change to “Park”; and 2) Staff to suspend work on the General Plan Amend and Zone Change for Ball Road Basin. [Yes-Sheldon, Anthony, Sidhu, Bilodeau, Yoh/ No - 0] INFORMATIONAL ITEM 4.
Status Update on the Anaheim Canyon Specific Plan
Mr. Borrego gave a brief update on the Anaheim Canyon Specific Plan (ACSP) and the City’s proposed Specific Plan and zoning changes for District owned land. The Committee expressed support for the proposed Specific Plan and zoning changes to the ACSP but has concerns with the City taking credit for the Open Space land designation and requested that staff draft a letter to the City of Anaheim for Committee review, expressing concerns for the proposed zoning changes and Open Space zoning credits. The Committee took the following action. Upon motion by Director Sheldon, seconded by Director Anthony and carried [4-1], with Director Sidhu voting “No” the Committee requested that staff bring back to the Committee a draft letter to the City of Anaheim to clarify Open Space zoning designations. ITEMS TO BE PLACED ON CONSENT CALENDAR FOR JULY 2 BOARD MEETING The Committee determined that Items No. 2, 3 be placed on the Consent Calendar for the August 6 Board meeting. ADJOURNMENT There being no further business, the meeting was adjourned at 12:45 p.m.
Stephen Sheldon, Chair
AGENDA ITEM SUBMITTAL Meeting Date: August 22, 2014 To: Property Management Committee/ Board of Directors From: Mike Markus Staff Contact: B. Dosier/D. Jackson Subject:
AMENDMENT NINE TO PHEASANT HUNTING LEASE AT PRADO BASIN TO ELAINE RAAHAUGE D.B.A. MIKE RAAHAUGE’S SHOOTING ENTERPRISES
SUMMARY On November 2, 2005, the District executed a lease with Mike Raahauge, d.b.a. Mike Raahauge’s Shooting Enterprises (Raahauge) to use the existing pheasant fields and the easterly half of the South Bluff for use as a pheasant hunting concession at Prado Basin with an expiration date of September 30, 2006. The lease was subsequently extended on an annual basis and will expire on September 30, 2014. Due to the passing of Mike Raahauge, on October 2, 2013, the Lease was assigned to Elaine Raahauge d.b.a. Mike Raahauge’s Shooting Enterprises. Elaine Raahauge has requested that the lease be extended for one-year to a new expiration date of September 30, 2015. Attachments(s): Location Map Amendment Nine to Lease RECOMMENDATION Agendize for September 3 Board meeting: Approve and authorize execution of Amendment Nine to Pheasant Hunting Lease with Elaine Raahauge d.b.a. Mike Raahauge’s Shooting Enterprises that provides for a one-year extension of the lease through September 30, 2015, with all terms and conditions remaining the same.
BACKGROUND/ANALYSIS On November 2, 2005, the District executed a lease with Raahauge to use the existing pheasant fields and the easterly half of the South Bluff for use as a pheasant hunting concession, raising game birds, the non-exclusive use of the clubhouse and roads, hunter safety classes, operation of dog kennels, and a caretaker’s trailer, with a base rent of $250 per month or $2,500 per month for months when pheasant hunting is conducted. The original lease expiration date was September 30, 2006, and has subsequently been extended on an annual basis to September 30, 2014. Due to the passing of Mike Raahauge, on October 2,
2013 the Lease was assigned to Elaine Raahauge d.b.a. Mike Raahauge’s Shooting Enterprises. The lease will expire on September 30 and Elaine Raahauge has requested that the lease be extended for one-year to a new expiration date of September 30, 2015. Board Resolution R05-11-126 provides that the lease may be renewed annually by mutual written consent of both the Lessee and Lessor. Staff reviewed Raahauge’s request and has determined that there are no conflicts with District operations. PRIOR RELEVANT BOARD ACTION(S): 10/2/13, R13-10-128, Approve Consent to Assignment of Lease and Amendment Eight to Pheasant Hunting Lease with Elaine Raahauge d.b.a. Mike Raahauge’s Shooting Enterprises providing for a one-year extension through September 30, 2014, with all terms and conditions of the Lease to remain the same. 9/5/12, R12-9-105, Approve and authorize execution of Amendment Seven to Pheasant Hunting Lease with Mike Raahauge d.b.a. Mike Raahauge Shooting Enterprises providing for a one-year extension through September 30, 2013, with all terms and conditions of the Lease to remain the same. 9/7/11, R11-9-125 - Approve and authorize execution of Amendment Six to Pheasant Hunting Lease with Mike Raahauge d.b.a. Mike Raahauge Shooting Enterprises providing for a oneyear extension through September 30, 2012, with all terms and conditions of the Lease to remain the same. 9/1/10, R10-9-141 - Approve and authorize execution of Amendment Five to Pheasant Hunting Lease with Mike Raahauge d.b.a. Mike Raahauge Shooting Enterprises providing for a oneyear extension through September 30, 2011, with all terms and conditions of the Lease to remain the same. 9/2/09, R09-09-141 - Approve and authorize execution of Amendment Four to Pheasant Hunting Lease with Mike Raahauge d.b.a. Mike Raahauge Shooting Enterprises providing for a one-year extension through September 30, 2010, with all terms and conditions of the Lease to remain the same. 9/3/08, R08-09-120 - Approve and authorize execution of Amendment Three to Pheasant Hunting Lease with Mike Raahauge d.b.a. Mike Raahauge Shooting Enterprises providing for a one-year extension through September 30, 2009, with all terms and conditions of the Lease to remain the same. 10/3/07, R07-10-138 - Approve and authorize execution of Amendment Two to Pheasant Hunting Lease with Mike Raahauge d.b.a. Mike Raahauge Shooting Enterprises providing for a one-year extension through September 30, 2008, with all terms and conditions of the Lease to remain the same. 9/20/06, R06-09-113 - Approve and authorize execution of Amendment One to Pheasant Hunting Lease with Mike Raahauge d.b.a. Mike Raahauge Shooting Enterprises providing for a one-year extension through September 30, 2007, with all terms and conditions of the Lease to remain the same.
11/2/05, R05-11-126 - Approve Lease with Mike Raahauge d.b.a. Mike Raahauge Shooting Enterprises to conduct a pheasant hunting concession in Prado Basin for one-year term expiring September 30, 2006, and Lease may be renewed annually by mutual written consent by both the Lessee and Lessor.
AMENDMENT NINE TO LEASE (Pheasant Hunting) THIS AMENDMENT is made and entered into this 3rd day of September 2014 by and between the ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California (hereinafter, the “Lessor”) and ELAINE RAAHAUGE d.b.a. MIKE RAAHAUGE’S SHOOTING ENTERPRISES (hereinafter, the “Lessee”): RECITALS WHEREAS, Lessor and Lessee entered into a Lease on November 2, 2005 (hereinafter, the “Lease”) for the purpose of conducting a pheasant hunting concession, raising game birds, the non-exclusive use of the clubhouse and roads, hunter safety classes, operation of dog kennels, and a caretaker’s trailer with a base rent of $250 per month for the use of District facilities and land, or $2,500 per month for months when pheasant hunting is conducted; and WHEREAS, On September 20, 2006, this Lease was extended to September 30, 2007 with all terms and conditions of the Lease remaining the same; WHEREAS, On October 3, 2007, this Lease was extended to September 30, 2008 with all terms and conditions of the Lease remaining the same; WHEREAS, On September 3, 2008, this Lease was extended to September 30, 2009 with all terms and conditions of the Lease remaining the same; WHEREAS, On September 2, 2009, this Lease was extended to September 30, 2010 with all terms and conditions of the Lease remaining the same; WHEREAS, On September 1, 2010, this Lease was extended to September 30, 2011 with all terms and conditions of the Lease remaining the same; WHEREAS, On September 7, 2011, this Lease was extended to September 30, 2012 with all terms and conditions of the Lease remaining the same; WHEREAS, On September 5, 2012, this Lease was extended to September 30, 2013 with all terms and conditions of the Lease remaining the same; WHEREAS, On October 2, 2013, the District consented to the Assignment of Lease to Elaine Raahauge d.b.a. Mike Raahauge’s Shooting Enterprises and this Lease was extended to September 30, 2014 with all terms and conditions of the Lease remaining the same; and WHEREAS, this Lease expires on September 30, 2014 and Lessor and Lessee want to extend the Lease to a new expiration date of September 30, 2015.
NOW, THEREFORE, in consideration of the matters set forth in the foregoing recitals and the terms, covenants and conditions hereinafter contained, the parties do hereby agree as follows: 1.
Lease Section One (Term), Paragraph 1.2 (Original Lease Term), the Expiration Date of the Lease is hereby extended to a new Expiration Date of September 30, 2015.
Each and every other term, covenant and condition of the Lease not herein expressly modified is hereby ratified and confirmed and shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Lease as of the day and year first hereinabove written.
“LESSOR” APPROVED AS TO FORM:
ORANGE COUNTY WATER DISTRICT
RUTAN & TUCKER LLP
General Counsel for Orange County Water District
By: _________________________________ Shawn Dewane, President By: ________________________________________ Michael R. Markus P.E., General Manager
“LESSEE” ELAINE RAAHAUGE d.b.a. MIKE RAAHAUGE’S SHOOTING ENTERPRISES
REQUEST FOR EXTENSION OF LEASE FROM CORONA RECREATION, INC. AT WARNER BASIN AND ANAHEIM LAKE
SUMMARY Doug Elliott, President of Corona Recreation, Inc. requested that the District extend the term of his lease for 5 years from its expiration date with a 5 year option to renew, and to continue the temporary rent of 5% of Gross Receipts rent for the term of the extended lease, with the rent to increase based on an increase of attendance at the fishing lake, letter attached. The current Lease expires on September 30, 2016, and the current rent of 5% of Gross Receipts expires on September 30, 2014 and reverts to a fixed rent of $15,110.00 adjusted annually by the Consumer Price Index. Attachment(s): Letter from Corona Recreation, Inc. dated August 5, 2014 RECOMMENDATION Agendize for September 3 Board meeting: Direct staff to negotiate a revised lease with Corona Recreation, Inc. BACKGROUND/ANALYSIS On September 20, 2006, Corona Recreation entered into a new Lease with the District for the fishing concession at Warner Basin and Anaheim Lake with a Lease expiration date of September 30, 2016. The monthly base rent in 2013 was $14,844 and the monthly modified rent was $2,855, both are adjusted annually by the Consumer Price Index (CPI). The modified rent is in lieu of the base rent when Corona Recreation moves to Anaheim Lake when Warner Basin is cleaned, most recently in 2012. Other rent paid by Corona Recreation to the District is 50% of the parking lot rent at Anaheim Lake for parking of vehicles from Manheim Auction, Inc. on Tuesday, Wednesday and Thursday of each week and $575.75/month for rent of the Anaheim Lake house for office space. The parking lot and house rent are not part of Mr. Elliott’s rent adjustment request. Mr. Elliott provided staff with a letter dated 8/5/14 to request that his Lease for the fishing concession be extended for 5 years to a new expiration date of September 30, 2021 with an option to renew for an additional 5 years. Also, Mr. Elliott would like the temporary rent, approved by the Board on April 17, 2013, of 5% of Gross Receipts to be continued in the
revised lease. He proposes that as the economy and his customer attendance improves, that the 5% of Gross Receipts Rent be increased 10% for every increase of 10% in customer attendance to a maximum rent of 10% of Gross Receipts. Mr. Elliott stated that the number of fishing customers has not recovered to its 2003-2010 average yearly attendance level, resulting in a decline to his gross revenues. Per the information supplied by Mr. Elliott, gross revenues decreased from the 2010 level for the year 2011 by 5.39%, for 2012 by 22.11%, and for 2013 by 23.37%. For the three year period of 2011-2013, the combined stated loss of revenue from the 2010 level is $930,165.97. In addition to the decline in gross revenues, Mr. Elliott stated that he expects that the number of fishing customers in 2014 will continue to be below the peak levels of 2003-2010 due to the economy and a shift in younger customer’s activities. Per the information supplied by Mr. Elliott, the number of fishing customers decreased from the average yearly attendance level for the year 2011 by 9.18%, for 2012 by 47.04%, and for 2013 by 36.38%. For the three year period, the combined average stated decrease in the number of customers is 30.87%. He noted that Corona Recreation has cut costs where possible and looked at alternatives, as suggested by the Property Management Committee, to generate additional revenue. Due to the District’s cleaning of Warner Basin in 2012, Corona Recreation relocated its fishing operations to Anaheim Lake for approximately 6 months, which impacted gross revenues and expenses. Corona Recreation’s fishing operation is back at Warner Basin as of December 2012. Per Mr. Elliott, he needs to extend the lease now because his trout supply contract has ended and to guarantee a supply of big trout at the lowest cost, he needs to renew the contract for 5 more years, which renewal extends beyond the Lease expiration date of September 30, 2016. In addition, to continue the fishing operation, he will need to invest in new equipment and will need time to amortize the cost of the equipment. PRIOR RELEVANT ACTION(S) 6/4/14, R14-6-77, Approve Amendment Two to Lease to Corona Recreation Inc. for Parking Lot Sublease with Manheim Auctions Inc. at Anaheim Lake to increase days of parking from Wednesday only to Tuesday, Wednesday, and Thursday of each week. 4/17/13, R13-4-42, Approve Amendment to Lease with Corona Recreation providing for a reduction of the rent to 5% of the gross revenues for the fishing concession through September 2014. 9/5/12, R12-9-107, Approve Consent to Parking Lease with Corona Recreation and Manheim Auctions Incorporated for rental of parking lot at Anaheim Lake. 1/16/08, R08-1-20, Approve Amendment One to Lease and consent to Parking Sublease with Corona Recreation, Inc. for sublease of existing and additional parking areas at Anaheim Lake. 9/20/06, R06-09-123, Approve lease to operate a fishing concession at Warner Basin and Anaheim Lake; approving lease of house at Anaheim Lake; and consent to parking lot sublease with California Automobile Dealers Association at Anaheim Lake. 4/6/05, R05-4-38, Approve Amendment Eight to reduce rent to $2,500 per month for five consecutive month period when Lessee relocates fishing operation to Anaheim Lake due to District operations.
8/4/04, R04-8-101, Approve Amendment Seven to allow night fishing on Thursday, Friday, Saturday, and holidays that falls on Monday from 5:00 p.m. to 4:00 p.m. the flowing day. 5/19/04, R04-5-59, Approve and Authorize Amendment Six to Lease to Refurbish and Maintain the Concession Buildings at Lessee’s Cost and Expense. 2/4/04, R04-2-18, Approve Consent to Parking Lease with Corona Recreation and CADE for rental of parking lot at Anaheim Lake. 1/17/01, R01-1-12, Approve and Authorize execution of Amendment No. 5 consenting to rental by Lessee of existing Miraloma Avenue parking lot on an occasional basis and not to exceed a threemonth period, at a rental rate of 50 percent of all rent received by Lessee. 4/19/01, R01-1-11, Authorizing Execution of Amendment Four to Lease with Corona Recreation, Inc consenting to a sublease with Gourmet Catering Enterprises LLC at a rental rate of 20 percent of all rent received by Corona Recreation. 4/19/00, R2000-4-53, Approve and authorize Amendment Three to provide a rent credit of $22,153 and reinstatement of a prior rent credit of $10,000 for construction of a new restroom, electrical work, and improvements to the catch-out pond. 3/18/98, R98-3-51A, Approving and authorizing Execution of Amendment Two to Lease for Warner Basin Fishing Concession to Provide a $10,000 Rent Credit to Corona Recreation, Inc. for Construction of a Restroom. 1/21/98, R98-1-16, Approving and authorizing Execution of Assignment and Assumption of Lease Agreement and Consent to Assignment of Lease Agreement for Warner Basin Complex and Anaheim Lake Fishing Concession; 10/29/96, R96-11-181, Approved Amendment One to Outdoor Safaris Lease at Anaheim Lake/Warner Basin for Catch-Out Pond. 6/19/96, R96-6-107, Approved 10-Year Lease with Outdoor Safaris for fishing Concession at Warner Basin and Anaheim Lake.
LOCATION MAP Warner Basin 3
LOCATION MAP Anaheim Lake 4
Corona Recreation, Inc. 4060 E. La Palma Ave., Anaheim, CA 92807
8/5/14 Dear Mr. President and Board Members: We would like to ask the Board to extend our Lease to continue recreational fishing opportunities for the community for another 10 years, structured for 5 years with a 5 year option. We are willing to continue paying the existing rent of 5% of our gross income while the economy hopefully turns for the better. Additionally, we are willing to gradually raise the percentage rental amount to a higher percentage as the economy rebounds. Using the average attendance for 2012 and 2013 of roughly 39,000, as a base, in the event of an attendance increase of 10%, we would increase the percentage rent by 10%, and continue with every 10% increase in attendance, up to an overall cap of 10% as the percentage rent. Extending the lease is something we must do now because our trout supply contract has ended, and we are required to contract in advance for an additional 5 years to get a guaranteed supply of big trout and at the lowest cost. Moreover, we need to invest a lot of money in new equipment going forward. Given that, we need to know that we have a lease term that will help us amortize those costs. Additionally, with the recent revelations of the potential impacts SB-26 could have on private industries ability to lease property from OCWD, we would like to do this as soon as possible. The following is a more detailed explanation of our position: We have been a tenant of the OCWD for over 30 years and hope to continue our relationship for many years to come. Our lease for Warner Basin and Anaheim Lake, for recreational fishing, will expire on September 30, 2016. Additionally, the percentage rent in the Lease Amendment One, expires on September 30, 2014. Over the past few years fishing attendance has been declining. This is a statewide trend and can be seen in the decline of the California fishing license sales and retail fishing tackle sales across the State. Several factors are to blame, but overarching everything is the slow economy, lack of jobs and the high cost of everyday necessities like food and gasoline. Today, fewer and fewer fishermen have the kind of disposable income they had in the past. The fishing community in general, is in the lower socioeconomic
group and we see their struggle very clearly in the high amount of credit card sales we are receiving and the decrease in attendance. Another major factor is a change in the younger generations shift from outdoor activates to internet gaming, face book, texting and the fascination with electronic devices. It is a fact, the younger generation is losing its interest in outdoor activities like fishing and camping. Beginning in 2011, the number of persons entering our gate dropped significantly and consequently gross revenues started declining. Unfortunately, when gross sales drop there is an almost equal drop in net profit. Our expenses such as rent, insurance, fish costs, payroll, maintenance and repair are fixed. When these fixed costs are deducted from falling gross income, there is very little if any net profit left. A review of the figures revels the following: a. From 2003 to 2010 our net profit averaged $164,035.00 and average yearly attendance was 66,851. There was one exception in 2004 when we moved to Anaheim Lake we lost $122,008.00 in gross sales and suffered a proportionate loss in net profit. This loss of gross sales resulted in a net operating loss of <$9,928.00> for the year. b. In 2011, 2012 and 2013, yearly attendance and net profit plunged precipitously. c. In 2011 attendance dropped 6,506 over the previous year and net profit dropped $121,819.00 over the previous year, to just $47,524. d. In 2012 we moved to Anaheim Lake. Attendance dropped to just 35,402 vs. an average for previous years of 66,851. We suffered a net loss of <$86, 147.00> for the year. e. In 2013, various construction projects at Warner Basin resulted in lowered water levels for 6 months and a resulting closing of operations (for safety reasons) for several months. Yearly attendance was 42,532 vs. an average of 66,851. Through savings in rental at the newly established rental rate of 5%, and other cost saving and additional promotional measures, we were able to make a net profit of $32,953.00 for the year. f. As you can see from the charts in 2004 and 2012, each time we close fishing at Santa Ana River Lakes and move to Anaheim Lake, the associated costs involved and loss of attendance has a catastrophic negative impact on our net income and results in a long and difficult recovery. The above figures are graphed below:
YEARLY NET PROFIT 255910
To combat these factors we have worked harder than ever to increase attendance with creative ideas and innovative marketing solutions which we know have helped bring more fishermen to Santa Ana River Lakes and away from other lakes. We are very competitive for business and we would hate to be a lake in competition with Santa Ana River Lakes.
First off, we stock bigger fish and more fish than any other lake in California. The best way to draw fishermen is with big fish and lots of them. We own that market in both catfish and trout. We also own the largest catfish farm this side of the Mississippi and supply Santa Ana River Lakes with the biggest and best eating channel and blue catfish in the state. No other lake is stocked with blue catfish, that's an "exclusive" for our Lakes, and a big marketing advantage, drawing many cat fishermen to Santa Ana River Lakes. We also have the contracts for the biggest rainbow trout in California. In fact, Santa Ana River Lakes has had six (6) California state records set. No other Lake in California can make that claim. Moreover, the trout we stock are of the highest quality, with delicious pink meat, like salmon and raised high in the Sierras in a very natural environment. Fishermen that like to catch and eat trout, love our pink meat "SierraBows", they are the best! Additionally, we stock fish EVERY week. No other lake can make that claim. In fact, several years ago, we were the first to produce and provide "Stocking Videos" for our fishermen to witness with their own eyes, when and where the fish were stocked. These videos are produced and uploaded to YouTube and our website at www.fishinglakes.com within several hours of each stocking and sent out in an email blast to nearly 20,000 subscribers. We probably have close to 350 consecutive stocking videos on YouTube, and our fishermen can see for their own eyes that we stock EVERY week. Again, no other lake can make that claim. Several lakes have copied our stocking video idea, but they have not copied the frequency of our weekly stockings, nor can they copy the big fish we stock. We combat these trends and the decline in business with increased promotion, print ads, email promotions, special events, tournaments every two weeks and video taping of every fish stocking. In spite of increased promotional costs, the economy needs to turn around before we will get the business back to where it should be. We know we must work a lot harder to keep and grow our business, and we are doing just that. As an effort to try to find other sources of revenue to offset declining fishing revenues we looked at several other (outside the box) possibilities as outlined below: 1. Efforts to establish an RV Park at Santa Ana River Lakes appeared to be a development the City of Anaheim would support. However, when the proposal was submitted to the Staff, there were problems with the loss of space needed to deposit earth, removed from the Lake cleaning process. The Staff could not recommend approval of the project. 2. Efforts to create an RV storage facility, in open space at Huckleberry, was proposed and studied. Economic and access problems created serious doubts as to the viability of that project. Of chief concern were the economic impacts of providing additional staff to cover a 24n gate entrance, check out, exit and 24 hour security for the RVs. Basically it was a whole new business, unlike the business we know, which is fishing.
3. Additionally, we explored the possibility of promoting fairs, a farmers market, catering large parties or ethnic social gatherings and bazars, however they too would be difficult because of a shortage of parking for such events. 4. It appears that the highest and best use, and easiest source of income for the Warner Basin is still recreational fishing. To continue recreational fishing going forward, the Company will have to invest substantial sums in new motors, boats, dock, portable out houses and a new toilet pumper truck along with other improvements to replace and renew much of the older equipment. Serious consideration must be given to a slimmer, leaner operation, tailored to the decrease in the number of youth and young adults, who as the trend shows, are less interested in outdoor activities such as camping and fishing. 5. In past years, when we held a big promotion like a grand opening of a trout season or a special tournament, it was fairly easy to draw 600 to 800 participants with nothing more than a single ad in Western Outdoor News, and that was without internet marketing and big mailing lists. In contrast on April12, 2014, we held the Healing and Reeling Big Trout Tournament to benefit our recovering war veterans. We obtained $30,000.00 worth of donated prizes to be given away in door prizes and silent auctions. The donated prizes even included the free 3year lease of a 2014 Chevy pickup truck. In spite of tremendous advertisement on our Website, Facebook, Twitter and ads in Western Outdoor News and other local media, only 200 fishermen signed up for this worthy tournament. Fortunately we were able to collect and donate close to $15,000.00 to the cause, but that was just half of what was donated. Events like this continue to demonstrate that the slow economy has hit the recreational fishing community hard. We literally are working twice as hard, for half the money. 6. Despite the current difficulties, we are dedicated to providing recreational fishing, camping and the outdoor activities for our Community. But to do so, will require a leaner more efficient operation to survive the changes in the movement of many of our Community away from outdoor activities. 7. Of major concern is the cost of leasing the premises for fishing during these hard economic times. Then too, when moves are required to be made to Anaheim Lake, the costs associated there with are prohibitive. Hardly any business can recover from the closing of a successful business and moving it to a new location, and then in 3 to 6 months moving it back. We have elected to move our business and expose ourselves to the costs associated there with, during these periods when work is being done on Warner Basin, rather than closing up and laying off all our Employees. We have felt we cannot subject our employees to periodic periods of unemployment, in return for their loyal service to our Company. Many of our employees have worked for us as many as 30 years. 8. To continue to operate, we know from experience, that paying a lease rate of more than 5% of the gross income, in hard economic times is impossible to do. Looking forward we know it is going to be even more difficult given the anticipated increases in our operating expenses. The increases in the minimum
wage went into effect on July1, 2014, and followed by an additional increase on July 1, 2015. Each increase is seventy five cents per hour, however, with payroll taxes it is closer to one dollar per hour. A review of the hours paid each payroll, calculates to an increase of $55,000.00 per year for each increase in the minimum wage or $110,000.00 per year, after the second increase in 2015. We are currently paying for employee health insurance at the rate of $8,500.00 per month or $102,000.00 per year. We were able to renew coverage before Obama Health care mandates went into effect, without all the added coverage, mandated by Obama Care. When we renew in December the fee maybe substantially higher. 9. Our margins are now the slimmest ever, and we may have to consider eliminating one shift of fishing each day to conserve expenses. For example, opening for day fishing only during Trout Season and opening for evening fishing only during the hot summer days of Catfish Season. This will help us cut back on fish purchases which is a major expense to our Business. However, because we are still the major purchaser of fish, and own the largest Catfish Farm this side of the Mississippi, our fishing operations get the biggest fish and the best prices. This will help ensure we can overcome this economic downturn and the trend of fewer fishermen. No other person or entity could operate Santa Ana River Lakes and be successful. By running the Lake in conjunction with our other Lake, Corona Lake, we benefit through economy of scale and shared expenses. Plus, all or our marketing has a synergistic effect of drawing fishermen to fish both Lakes. In fact, over the past few years, Corona Lake has carried the water for Santa Ana River Lakes as the profit maker in the organization. Moreover, no other person or entity has the contacts or resources to stock Santa Ana River Lakes with the quantity and large size trout and catfish the Southern California fishing community has come to expect and demand in exchange for their patronage. We have proven for over 30 years that we can be successful in the fishing business, even in very difficult economic conditions. We wish to continue operating a successful business for the benefit of both the OCWD and the Southern California recreational fishing community, and request to extend of our existing lease arraignments as soon as possible. Respectfully,
Douglas Elliott, President Corona Recreation, Inc.
AGENDA ITEM SUBMITTAL Meeting Date: August 22, 2014 To:
Property Management Cte./ Board of Directors
From: Mike Markus Staff Contact: B. Dosier/D. Jackson SUBJECT:
PROPOSED EASEMENT TO CITY OF ANAHEIM AND ACQUISITION AGREEMENT TO YORBA LINDA WATER DISTRICT (YLWD) FOR ELECTRICAL SERVICE FOR YLWD PRODUCTION WATER WELL NO. 21
SUMMARY On December 19, 2012 the Board entered into a Lease Agreement with the Yorba Linda Water District (YLWD) for the construction and operation of a groundwater production well at the Warner Basin complex. The well site is currently under construction and YLWD requires electrical power for the pump motor. YLWD is requesting that the District grant the City of Anaheim an easement to provide electrical service to the well site with the YLWD paying the easement fee. Attachment(s): Acquisition Agreement to Yorba Linda Water District Easement Deed to City of Anaheim RECOMMENDATION Agendize for September 3 Board meeting: 1) Approve and authorize execution of Acquisition Agreement to Yorba Linda Water District for an easement to the City of Anaheim for electrical service at YLWD Well No. 21 at Warner Basin for a fee of $4,000; and 2) Approve and authorize execution of Easement Deed to the City of Anaheim for electrical service to the YLWD Well No. 21 at Warner Basin. DISCUSSION/ANALYSIS On December 19, 2012, the Board granted a lease to Yorba Linda Water District (YLWD) to construct a groundwater production well at the Warner Basin complex. The well is located next to the main entrance driveway on La Palma Ave. within the District’s storage yard next to the fishing concession’s gatehouse. YLWD pays an annual rent of $3,817, adjusted annually by 3%. Construction of the well by YLWD began in February 2014. To power the well’s electric pump motor, YLWD is requesting that the District grant a non-exclusive easement to
the City of Anaheim for electrical service to YLWD’s Well Site No. 21. District operations staff has reviewed the project and has no objections to the location of the proposed easement. Easement Fee: Staff has estimated the one-time easement fee for the 1,600 square foot easement area to be $4,000. The easement fee is based on $5.00 per square foot used to calculate YLWD’s annual rent and discounted by 50% which is a typical discount for this type of easement. The estimated easement fee is calculated as follows: TABLE1 Easement Fee Square Feet 1,600
Easement Fee $4,000
YLWD will pay the easement fee of $4,000 to the District for the easement to the City per the Acquisition Agreement between the District and YLWD.
PRIOR BOARD ACTIONS(S) 12/19/12 R12-12-144 - Approve 50 year Lease Agreement with YLWD to construct a water production well at Warner Basin.
LOCATION MAP YLWD/ WATER WELL No. 21 AND ELECTRICAL EASEMENT AT WARNER BASIN
ACQUISTION AGREEMENT (Electrical Service Well No. 21) (Warner Basin)
This ACQUISITON AGREEMENT (''Agreement") is made and entered into as of July 2, 2014 by and between the ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as amended ("OCWD"), and the YORBA LINDA WATER DISTRICT, a special governmental district of the State of California ("YL WD"). 1. Consideration: In consideration for OCWD granting to the City of Anaheim an easement to facilitate the construction and operation of YL WD's "Well Site 21 ," in the form attached hereto as Exhibit "A" (the "Easement") YL WD shall pay to OCWD the sum of $4,000.00. YL WD shall make such payment in one lump sum when the Easement Deed has been executed by OCWD and accepted by the City of Anaheim, (recorded and/or unrecorded), and a copy of the Easement Deed has been delivered to Steve Conklin, Acting General Manager. The parties agree that the YL WD's performance of this Agreement and the Easement Deed constitutes the entire consideration by YLWD for OCWD's grant of the Easement. 2. Integration: This Agreement represents the entire understanding of OCWD and YL WD as to the subject matter of this Agreement and all other matters contained herein. No prior oral or written understanding shall be of any force or effect with regard to those matters covered by this Agreement. This Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements or understandings, if any, between the parties concerning the Easement Deed, and none shall be used to interpret this Agreement. [SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have executed and entered into this Lease as of the date first set forth above.
ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as amended
YORBA LINDA WATER DISTRICT, a special governmental district of the state of Calif!
By: _____________________________ Shawn Dewane, President By: ______________________________ Michael R. Markus, P. E. General Manager
APPROVED AS TO FORM: RUTAN & TUCKER, LLP.
By: -------------------------------General Counsel, Orange County Water District
Arthur G. Kidman General Counsel
Lessee Information: Address for Notices:
Yorba Linda Water District Attention: General Manager 1717 E. Miraloma Ave. Placentia, CA 92870 Telephone Number: (714) 701-3102 Fax Number: (714) 701-3028 Acquisition Agreement Well No. 21 (5-21-14)
Recording Requested by: City Clerk of the City of Anaheim WHEN RECORDED MAIL TO: CITY CLERK CITY OF ANAHEIM P.O. BOX 3222 ANAHEIM, CA 92803
EXEMPT-GOVERNMENT AGENCY (Government Code §§6103 & 27383) By: City Clerk, City of Anaheim
(Space Above Line For Recorder's Use Only)
EASEMENT DEED City Deed# APN# File#
FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the ORANGE COUNTY WATER DISTRICT (“Grantor”) HEREBY GRANTS to the CITY OF ANAHEIM, a municipal corporation (“Grantee”) a non-exclusive easement for public utility and telecommunications purposes to construct, reconstruct, install replace, reconfigure, operate, maintain, repair, relocate, remove, inspect, observe, and study Grantee’s electrical and telecommunication 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 harmful 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 imp ed e, 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. This grant of this easement is subject to the following reservations in favor of Grantor: 1. Re se rv a t io n . 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; provided, however, Grantor shall not unreasonably interfere with the rights granted under the first two paragraphs of this Easement Deed. 2. Successors. This Easement Deed, and all of the terms, conditions and provisions 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. Existing Easement. Where Grantee's easement crosses the easement to the Metropolitan Water District of Southern California (MWD) which easement is recorded in Book 6388, Page 942, of the official records of Orange County, California, Grantee's easement shall be subject to the MWD easement. 5. Compliance with Regulatory Authorities. In connection with Grantee’s use of or performance of any activities permitted to be conducted in, on, over, or across the Easement Area, Grantee shall, at its own cost and expense, promptly and at all times observe, comply with and carry out all orders, regulations, directions, rules, laws, ordinances, permits and requirements of all governmental authorities with jurisdiction in, on, over and about the Easement Area. 6. Termination or Abandonment. Grantee agrees that in the event Grantee’s use of the Easement Area ceases for a continuous period of more than one (1) year and Grantee fails to provide Grantor written notice of such cessation; Grantor shall provide Grantee written notice and evidence of the cessation. If Grantee does not dispute the written notice and evidence of cessation within thirty (30) days of Grantor’s notice, Grantee shall at Grantor’s request, execute and deliver to Grantor for recordation in the Official Records of Orange County California a Quitclaim Deed sufficient to remove the encumbrance of this Easement Deed from title. Any written notice under this Paragraph 6 from Grantor to Grantee shall be provided to the Public Utilities General Manager at City of Anaheim, 201 S. Anaheim Blvd., Suite 1101, Anaheim, CA 92805 with a copy to the City Clerk of the City of Anaheim at 200 S. Anaheim Boulevard, 2nd Floor, Anaheim, California 92805. 7. Coordination, Construction and Maintenance. Grantee shall, at its sole cost and expense, maintain in good repair and safe condition all Grantee's facilities and equipment installed and constructed in the Easement Area. To the extent Grantee conducts construction or excavation activities or otherwise disturbs the surface of the Easement Area, Grantee shall notify Grantor in writing in same, with such notice being provided in advance, concurrently or promptly following such work as is reasonably practicable under the circumstances. 8. A u t h o r i t y . Each individual executing this Easement Deed on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Easement deed and that said entity will thereby be obligated to perform the terms of this Easement Deed.
"GRANTOR" ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as amended DATED:
APPROVED AS TO FORM Rutan & Tucker LLP
, 2014 By: ________________________ General Counsel, Orange County Water District
By: Shawn Dewane, President
By: Michael R. Markus, P.E., General Manager
"GRANTEE" CITY OF ANAHEIM, a municipal corporation DATED:________________, 2014 ATTEST:
By:_______________________________ City Clerk
APPROVED AS TO FORM MICHAEL R.W. HOUSTON, CITY ATTORNEY
By:_____________________________________ Daniel A. Ballin, Deputy City Attorney
AGENDA ITEM SUBMITTAL Meeting Date: August 22, 2014 To: Property Management Committee Board of Directors From: Mike Markus Staff Contact: B. Dosier/D. Jackson Subject:
SUMMARY The City of Anaheim (City) is making changes to the Anaheim Canyon Specific Plan (ACSP) which would change the zoning for three District parcels. At the July 25, 2014 Committee meeting, the Committee directed staff to write a draft letter to the City indicating that the District is supportive of the proposed changes to the ACSP, however, the District opposes the City taking any credit for the OCWD open space land in the proposed ACSP General Plan. Staff will update the Committee. Attachment(s): Draft letter to City of Anaheim regarding Proposed changes to Anaheim Canyon Specific Plan RECOMMENDATION Informational. BACKGROUND/ANALYSIS In November 2013, staff reported to the Property Management Committee that the City of Anaheim has been working to update the Anaheim Canyon Specific Plan (ACSP) and had issued a Notice of Preparation of the Draft Environmental Impact Report (DEIR) for review and comment. The update not only updates the ACSP, it also consolidates the Northeast Area Specific Plan, PacificCenter Anaheim Specific Plan, and the Scenic Corridor Overlay Zone into the ACSP and makes changes to the City’s Zoning and General Use Plans that affect District land. The changes noted by staff in the proposed updated Zoning and General Use Plans are: 1. Mini Anaheim Lake and Anaheim Lake parcels south to Miraloma Ave. - The zoning is changed from Industrial to Open Space 2. Miraloma Basin – The zoning is changed from Industrial to Open Space 3. Miraloma Basin – The land use is changed from industrial to water use
At the July 25, 2014 Committee meeting, City staff gave a presentation to the Committee on this effort and the Committee indicated that it is supportive of the above changes to the ACSP.
The Committee further discussed the designation of OCWD owned land as open space in the General Plan for the ACSP and was concerned that the City would take credit for the open space land in the proposed ACSP, and that this would later cause a problem for OCWD if it decided to develop its land within the ACSP. The Committee directed staff to write a draft letter to the City indicating that the District is supportive of the proposed changes to the ACSP, however, opposes the City taking any credit for the OCWD open space land in the proposed ACSP General Plan. Staff will provide an update.
August 7, 2014 Paul Emery, Interim City Manager City of Anaheim 200 S. Anaheim Blvd. Anaheim, CA 92805 Subject: Proposed changes to the Anaheim Canyon Specific Plan Dear Mr. Emery: At OCWD’s Property Management Committee meeting (Committee) held on July 25, 2014, the Committee discussed, with City Staff present, the proposed changes to the Anaheim Canyon Specific Plan (ACSP) to update the ACSP. Currently, the City is working on a Draft Environmental Impact Report No. 348 (DEIR) to update the ACSP. We understand that the proposed ACSP Project updates and consolidates the Northeast Area and the PacifiCenter Anaheim Specific Plans and the Scenic Corridor Overlay Zone into one specific plan. We note that the ACSP incorporates property owned by OCWD including Warner, Little Warner, Conrock, Foster-Huckleberry, Kraemer, and Miraloma Basins; Anaheim Lake; Mini-Anaheim Lake; and portions of the Santa Ana River and the Off-River Channel, as well as Miller Basin which is owned by Orange County Flood Control District and operated by OCWD as a recharge basin. As discussed at the Committee meeting with City Staff, we understand that the proposed changes to the General Plan Land Use and Zoning Maps include: 1. Rezoning the La Jolla and Miraloma Basins, from NEASP DA 1 (Industrial) to ACSP
DA 6 (Open Space/Water), and the General Plan for La Jolla and Miraloma Basins from Industrial To Water; 2. Rezoning of Anaheim Lake, Kraemer Basin, Warner Basin, and portions of the Santa
Ana River from NEASP DA 6 (Open Space) to ACSP DA 6 (Open Space/Water) with no changes to the General Plan; 3. No change to the Zoning of Mini Anaheim Lake with changes to the General Plan use
from Water to Industrial; and. 4. Rezoning of an eastern portion of the Santa Ana River and off river system from
Transition to as ACSP DA-6 (Open Space/Water) with no change to the General Plan. The Orange County Water District Board of Directors (Board), at its September 3, 2014 meeting, reviewed the Committee’s recommendation and after some discussion, the Board indicated that it is supportive of the above changes to the ACSP.
The Committee further discussed the designation of OCWD owned land as open space in the General Plan for the ACSP and was concerned that the City would take credit for the open space land in the proposed ACSP, and that this would later cause a problem for OCWD if it decided to develop its land within the ACSP. The Board reviewed the Committee’s concern and took the action to direct staff to notify the City by this letter that it opposes the City taking any credit for the OCWD open space land in the proposed ACSP General Plan. Thank you for consideration of our request. Members of the OCWD Board would be happy to meet with City staff and/or elected officials if desired. If you have any questions, please contact Bruce Dosier, OCWD’s Director of Information Services & Property Management, at (714) 3783298. This letter supersedes OCWD’s November 26m 2013 letter to you regarding the Notice of Preparation of DEIR No. 348 for the Anaheim Canyon Specific Plan Project
Michael R. Markus, P.E. General Manager
Jonathan Borrego, City of Anaheim Planning Susan Kim, City of Anaheim Planning Sheri Vander Dussen, City of Anaheim Planning Director
AGENDA ITEM SUBMITTAL Meeting Date: August 22, 2014 To: Property Management Committee Board of Directors From: Mike Markus Staff Contact: B. Dosier/D. Jackson Subject:
QUARTERLY REPORT ON LEASES AND PERMITS/LICENSES FOR THE PERIOD ENDING JUNE 30, 2014
SUMMARY Attached for Board review is the Quarterly Report on Leases and Permits/Licenses for the period of April 1, 2014 to June 30, 2014. Attachment(s): Summary Report of Leases & Permits/Licenses ending June 30, 2014. RECOMMENDATION Informational. BACKGROUND/ANALYSIS The District has approximately 1,178 acres of land under 18 leases and 26 permits/licenses. 2nd QUARTER RENT COMPARISON 2nd Qtr.
Qtr. 2014 vs. 2
2nd Qtr. 2014 vs. 2nd Qtr. 2013
YEAR TO DATE RENT COMPARISON Year to Date
Year to Date
YTD 2014 compared to 2013
YTD 2014 compared to 2013
Note: Increase in rent due to the Orange County Energy Park Option Payment of $250,000. .
UPCOMING RENEWALS AND ACTIONS RENEWALS 3 rd Quarter 2014 Lease – Elaine Raahauge d.b.a. Mike Raahauge’s Shooting Enterprises, pheasant hunting, Prado Basin South Bluff, Lease expires on September 30, 2014, may be renewed annually by mutual consent. This item is on today’s Property Management Committee Agenda.
ACTIONS-Staff 1. All Lessees and Permittees/Licensees are in full compliance with the terms of their lease/permit/license and are current with their rent.
SUMMARY REPORT STATUS OF LEASES SECOND QUARTER ENDED JUNE 30, 2014
2'ND Quarter Rent Paid
Year to Date
Status of Rent
0.380 Production Water Well 14.000 Park Monitoring wells for Reeve's 0.010 Pit 5.650 Concrete/Asphalt crushing.
Anaheim, City of Well 58 Anaheim, City of
Anaheim Lake Burris Basin
Flat Fee $1.00 $1.00/Annual
County of Orange, Integrated Waste Mgt.
Dan Copp Crushing Corp.
Corona Rec. Inc., Doug Elliott (4)
5% of Gross Receipts
Corona Rec. Inc., Doug Elliott (2)
Corona Rec. Inc., Doug Elliott (2)
$575.75 for house and 50% of rent for parking lot
128.150 Fishing concession. Alternate lake rental of 90.700 house of office space.
Gentry Golf, Inc. Harvest Landscape Enterprises, Inc. Montoya Enterprises Inc. - Nursery
$250/mo. or $2,500/mo. when hunting occurs. $10,011.00 $3,658.52 $3,931.51 per year
N/A $ N/A
Prado $ Raahauge Shooting Enterprises - Pheasant Sandwood Inc. Batavia Street $ Sunny Slope Tree Farm Co. Imperial Highway $ Yorba Linda Water District (3) Warner Basin TOTAL FOR LEASES $ NOTES: 1. Prado Basin Duck Hunting & Raahauge Duck Hunting - Rent due 50% by October 15 and 50% by December 15. 2. Corona Recreation Subleases front parking lot at Anaheim Lake for $1,000 per use to CADE. 3. YLWD rent due on Dec. 31 of each year. 4. Corona Recreation's rent changed to percentage of gross receipts rent until September 30, 2014. 5. Raahauge's December duck hunting rent was paid late, in Janaury 2014, plus intererst and late fees. 6. Orange County Energy Park - Option Payment per terms of Option to Lease Real Property.
750.00 30,533.34 10,975.56 N/A 491,078.47
$ $ $ $
1,500.00 60,653.70 21,951.12 N/A 762,697.89
Current Current Current Current
None None None None
09-30-14 03-31-17 Mo. to Mo. 12-31-62
110.000 2.600 19.000 0.4224 1,062.112
Parking Concession Golf driving range - 5 year option. Container nursery. Container nursery. Proposed Electrical Power Plant John Kelly Astor - Duck Hunting Concession Sporting clays/trap & skeet shooting. Duck hunting, Oct. to Jan. Pheasant hunting, hunter safety classes, dog kennels, raising of game birds. Sandbagging/Firewood. Container nursery. Production Water Well
SUMMARY REPORT STATUS OF PERMITS/LICENSES SECOND QUARTER ENDED JUNE 30, 2014
2ND Quarter Rent Paid
Year to Date
Status of Rent
Anaheim Model Airplane Club & Scamps
Mo. to Mo.
Anaheim, City of Well Maintenance Anaheim, City of Anaheim, City of Basin Development LLC (CPV) Boy Scouts of America, Troop 850
Anaheim Lake Burris Basin Anaheim Lake Ball Road Basin Bond Basin
Current Current Current Current Current N/A Current Current
None None None None None N/A None None
10-20-14 10-20-14 3-31-34 06-30-17 06-30-17 05-31-34 Mo. to Mo. 5 years
SCE and Royal Street Communications (ATS) Southern California Edison Co. (4) Southern California Edison Co. Serrano Irrigation District
70% of $1,194.04/mo. $633.45 + CPI Annual Flat Fee $5,000 Conj. well site
5,014.98 633.45 5,000.00 N/A
Current Current Current Current
None None None None
11-13-17 02-28-38 07-31-16 07-01-10
University of So. Calif. U. S. Geological Survey, Water Science Center
Riverdale Avenue, Orange Anaheim Lake Anaheim Lake Santiago Basin Fullerton Airport/ Other Locations Santa Ana Reservoir
Mo. to Mo. 11-30-14
Verizon (AirTouch Cellular)
Santa Ana River
Flat Fee $2,000
USS Cal Builders (3)
Water Replenishment District of S. C.
Leisure World, Seal Beach
Copy of Reports
Flat Fee $550
Warner Basin Complex Flat Fee $550.00 Yorba Linda Water District TOTAL FOR PERMITS/LICENSES TOTAL FOR LEASES & PERMITS/LICENSES NOTES: 1. Comm. Svc. = Community Service. 2. cy = cubic yards. 3. USS Cal Builders contractor for OCTA for the Tustin Ave/Rose Dr. Grade Separation Project. 4. SCE License Fee due on March 1 of each year.
2,507.49 N/A N/A N/A
N/A 3,042.87 494,121.34
$ $ $
N/A 11,716.73 774,414.62
115.820 Model airplane flying area. 0.230 Maintain wells and pipeline. Pumphouse Drain pipe Rio Vista Res. Defray Admin Costs Store 2 container trailers Cut fire break along fence Highway 71. Lincoln Ave. Bridge Widening Widening Lincoln Ave. Monitoring will site Access Permit. Access Permit. Antenna on Reservoir No. 10
0.025 Directional signs.
Cellular Comm. Relay Site Relocate Power Pole Temporary Power Poles 0.220 Conjunctive use well. Measure seismic activity in monitoring wells. Monitoring well. Fiber Optics Cable - Tustin Ave. Tustin/Rose Grade Separation Project Access to water wells to take samples. Water samples & measurements Discharge from well water 20. 116.295 1,178.407