NOTICE OF MEETING NOTICE IS HEREBY GIVEN that the Triunfo ...

1001 Partridge Drive, Suite 150 • Ventura, CA 93003-0704 • www.triunfosanitation.com

Board of Directors

Michael Paule, Chair

Janna Orkney, Vice Chair

Susan Pan, Director

Raymond Tjulander, Director

James Wall, Director

NOTICE OF MEETING

NOTICE IS HEREBY GIVEN that the Triunfo Sanitation District Board of Directors will hold its Regular Meeting on Monday, March 26, 2018, 5:15 p.m. at the Oak Park Library (Film & Lecture Room 102), 899 N. Kanan Road, Oak Park, California. The business to be transacted is as follows:

A G E N D A

The Board agenda is posted at least 72 hours preceding the Board meeting, and contains all items on which Board action will be allowed pursuant to Government Code Section 54954.2. Action will be taken on unanticipated items only when an emergency (as defined in Government Code Section 54956.5) exists or as otherwise allowed under Government Code Section 54954.2(b). In compliance with the Americans with Disabilities Act, if you need special accommodation/assistance to participate in a District event, please call the California Relay Service TDD line at (800) 735-2929 or the Clerk of the Board at (805) 658-4642 at least 48 hours prior. Notification prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to participate. Copies of individual reports may be requested from the Clerk of the Board or viewed on the District’s website, www.triunfosanitation.com.

1. Call to Order, Roll Call

2. Pledge of Allegiance

3. Agenda Review (General Manager/Board of Directors) Consider and approve, by majority vote, minor revisions to the Board agenda items or related attachments and any item added to, removed from, or continued from the Board agenda.

4. Public Comment (Items not on the agenda – 5 minute limit) In accordance with Government Code Section 54953(a), this is an opportunity for members of the public to briefly address the Board on items NOT on the agenda. Persons wishing to comment on agenda items should complete a speaker card and submit it (preferably before the meeting) to the Clerk. The Chairman will then recognize them at the appropriate time. Once recognized, persons should step to the podium, clearly state their name and address for the record, and address the item being considered in as brief, clear, and concise a manner as possible.

CONSENT ITEMS (Items 5 through 7) – Matters listed under Consent Items are considered to be routine, non-controversial, and are normally approved by one motion. If discussion is requested by a member of any of the Board on any Consent Item, or if a member of the public wishes to comment on an item, that item may be removed from Consent Agenda for separate action.

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TRIUNFO SANITATION DISTRICT BOARD AGENDA

2 MARCH 26, 2018

5. Approval of Minutes: February 26, 2018 Regular Meeting 6. Authorize the Chair of the Triunfo Sanitation District Board to Approve

Minor Modifications to the TSD Website

It is recommended the Board:

A. Discuss the option to allow the Chair of the Board to review and approve minor website changes; and

B. Authorize the Chair of the Board to approve minor changes to the District website; or

C. Provide staff with direction.

7. District Opposition to State of California SB 623 – Prescribing a Statewide

Tax on Water

It is recommended the Board approve the Chair to sign the attached letters and direct staff to send them to the State officials listed within the letter.

ACTION ITEMS (Items 8 through 14) 8. Ordinance No. TSD-200 (Revision of TSD 2) – Sanitary Sewer Ordinance

Proposed Sewer Service Fee Rate Increase It is recommended the Board: A. Conduct the first reading, by title only, of proposed Ordinance No. TSD-200,

that will increase the sewer service fee within the TSD Service Area to 9.0% for the next two fiscal years and makes minor modifications to the fee structure; and

B. Schedule a public hearing and Board action on May 22, 2018, to conduct

the second reading, by title only, and consider adoption of Ordinance No. TSD-200; and

C. Direct staff to mail notice of the public hearing to the addresses to which the

District customarily mails parcel owner sewer service bills to so that said notice is received at those addresses no later than 45 days before the May 22, 2018, hearing date (by April 6, 2018); and

D. Direct staff to publish on May 8 and May 15, 2018, notices in the Ventura

County Star, a newspaper of general circulation published and circulated in the District, providing a summary of this Ordinance and noticing a May 22, 2018, public hearing to consider adoption of this Ordinance.

9. TSD Contract No. T18-001 With Stephen’s Video & Photography It is recommended that the Board review and approve proposed Contract No,T18-001 with Stephen’s Video & Photography to provide videotaping and related services for the remaining TSD Board meetings in fiscal year 2017-2018 and all

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TSD Board meetings in fiscal year 2018-2019. 10. Communications Site Lease Agreement With Verizon Wireless At the

Kilburn Water Reservoir Site, TSD Contract No. T18-002 It is recommended the Board:

A. Approve and authorize the General Manager to sign the lease agreement and Memorandum of Lease (Exhibit C) for TSD Contract No. T18-002 with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, for the purpose of operating a telecommunications facility at the Kilburn Water Reservoir; and

B. Direct staff to forward the signed and notarized agreement to Verizon for execution; or

C. Provide staff with direction.

11. Discuss Participation in the JPA Legislative Lobbying Efforts in Support of the Las Virgenes-Triunfo Pure Water Project in Washington, D.C. It is recommended the Board:

A. Discuss and designate the Board member(s) to represent the Board of Directors with the JPA’s lobbying efforts in support of the Las Virgenes-Triunfo Pure Water Project in Washington, D.C., or

B. Provide staff with alternative direction.

12. Call for Nomination – Ventura LAFCO Countywide Oversight Board – Member Representing Independent Special Districts It is recommended the Board:

A. Receive the Ventura LAFCo letter of March 13, 2018, calling for nominations to the Countywide Oversight Board;

B. If desired, adopt a Resolution nominating a candidate to the Ventura LAFCo Countywide Oversight Board; and

C. Authorize the General Manager to transmit the Resolution and required documents to Ventura LAFCo.

D. Or, provide alternate direction to staff as appropriate.

13. Triunfo Sanitation District Board’s Receipt of Revenue and Expense Report It is recommended the Board:

A. Discuss the Board’s preference for receiving the Revenue and Expense Report; or

B. Provide staff with alternative direction.

14. Triunfo Sanitation District Appointments to Ad Hoc Committee to Meet with Ventura Regional Sanitation District

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4 MARCH 26, 2018

It is recommended that the Board appoint two representatives to serve on an Ad Hoc Committee to meet with the VRSD Personnel and Finance Committee for analysis of the proposed cost plans.

INFORMATION AGENDA (Items 15 through 25) – It is recommended the Board receive and file the following items: 15. TSD – Recycled Water Demand by Customer FY14-present

16. Disbursements: February 2018

17. Investment Report: February 2018

18. Oak Park Water Service Update

19. Water Conservation Report: February 2018

20. Statewide Water Supply Conditions Report: March 11, 2018

21. TSD Website – Google Analytics Report

22. Water Conservation Customer Rebate Program

23. Future Meetings, Seminars and Conferences:

Apr. 2, 5:00 p.m. – JPA Meeting (at LVMWD) Apr. 3, 5:30 a.m. – VCSDA April Meeting, Thousand Oaks Apr. 8-12 – JPA Lobbying for Pure Water Project, Washington, D.C. Apr. 11 – CASA WateReuse California Public Policy Forum, Sacramento Apr. 23, 5:15 p.m. – TSD Regular Board Meeting (Oak Park Library) May 7-10 – ACWA Spring Conference, Monterey

24. Revenue & Expense Report: February 2018

25. FY 2019 Contract Services Hourly Rates – Draft

ORAL REPORTS – (Items 26 through 29) 26. Standing Committee Reports:

A. Finance Committee B. Recycled Water / Pure Water Project Committee C. Public Outreach / Communications Committee

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27. Board Member Comments This is an opportunity for Board members to briefly comment on matters they deem appropriate to the business of TSD. A Board member may ask a question of staff for clarification, make a brief announcement, or make a brief report on his or her own activities related to the TSD. A Board member may also provide a reference to staff or other resources for factual information, or request staff to report back to the Board at a subsequent meeting concerning a matter related to TSD business. The Board may also direct staff to place a matter of business on a future TSD Board agenda.

28. Reports on Outside Meetings/Conferences

29. General Manager, Legal Counsel Comments

NEW BUSINESS – (Item 30 only) 30. Future Agenda Items

CLOSED SESSION – (Item 31 only)

31. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Pursuant to Government Code § 54956.9, subdivision (a) – Triunfo Sanitation District v. New Mission, LLC, Superior Court of the State of California, County of Ventura, Case No. 56-2017-00499222-CU-OR-VTA

ADJOURNMENT: Adjourn to next Regular Meeting to be held on Monday, April 23, 2018 at 5:15 p.m. at the Oak Park Library

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TRIUNFO SANITATION DISTRICT Minutes of the February 26, 2018 Board of Directors Regular Meeting

Oak Park Library (Film & Lecture Room 102) 899 N. Kanan Road, Oak Park, California

1. Call to Order and Roll Call: Chair Paule called the meeting to order at 5:15 p.m.

Directors Susan Pan, Ray Tjulander, James Wall, Vice Chair Janna Orkney, and Chair Michael Paule were present.

Staff present: General Manager Mark Norris; Co-Counsel Robert Congelliere; Director of Finance Carlos Corrales; Clerk of the Board Juliet Rodriguez; and Consultant Tim Doyle.

2. Pledge of Allegiance: The Pledge was led by Chair Paule.

3. Agenda Review: General Manager Mark Norris stated that a revised letter of support for Agenda Item 6 had been redistributed to the Board at the dais. Vice Chair Orkney moved to accept the agenda with corrections presented. Motion seconded by Director Wall. Motion carried by the following vote. AYES: Pan, Paule, Orkney, Tjulander, Wall NOES: None ABSTAIN: None ABSENT: None

4. Public Comments: There were no public comments.

CONSENT ITEM (Item 5 only)

5. Approval of Minutes: January 22, 2018 Regular Meeting

Director Orkney submitted a request to change the last sentence of her remarks on page 6 of the minutes. Director Pan requested to remove language after “The Motion died for a lack of a second.” on page 5 of the minutes under item No. 16. Vice Chair Orkney moved to approve the minutes as amended. Motion seconded by Director Wall. Motion carried by the following vote. AYES: Pan, Paule, Orkney, Tjulander, Wall NOES: None ABSTAIN: None ABSENT: None

ITEM # 5 7

ACTION ITEMS (Items 6 through 10)

6. Support of the Calleguas/Las Virgenes Intertie Project Mr. Norris introduced Susan Mulligan, General Manager for the Calleguas Municipal Water District (CMWD), who gave the presentation. Chair Paule inquired if Rancho Simi would look for compensation for providing land, and received an affirmative response. Vice Chair Orkney had attended other related meetings and commended CMWD for listening to the community’s needs. Vice Chair Orkney stated that Rancho Simi Recreation and Park District General Manager Larry Peterson will be resigning soon and could be helpful with Rancho Simi. Chair Paule asked for the estimated cost and was told that the project would be estimated at $13 million. The cost for moving the pumping station would be $1 million - $3 million. The Board had varied opinions on supporting an underground design that ranged from some support to deferring to other boards because of the SOAR Initiative and the potential impact on open space. Chair Paule shared his Board experience of exponential cost increases that occur when decisions are delayed over time. Director Wall moved to accept the presentation from CMWD and authorize the Chair to sign a letter of unanimous support. Motion seconded by Vice Chair Orkney. Motion carried by the following vote. AYES: Pan, Paule, Orkney, Tjulander, Wall NOES: None ABSTAIN: None ABSENT: None

7. Video Taping of TSD Board Meetings Tim Doyle, Consultant presented the report. Chair Paule opened public comment at 5:53 p.m. and the following comments were made: Stephen Bigilen, Stephen’s Video, shared his video experience, provided

clarification on his pricing, and explained how his services would work. John Phillips, Oak Park resident, sees value in the public’s ability to access

video-taped meetings and the ability to increase public knowledge and participation. He encouraged support for Stephen’s Video.

With no additional comments, Chair Paule closed public comment at 6:04 p.m. Vice Chair Orkney expressed interest in having meetings video-taped, especially with the absence of local media coverage and the current practice of action minutes. Director Pan sees video-taped meetings as a standard today where the public, media, and staff can review a meeting at any time and supports the

ITEM #58

TRIUNFO SANITATION DISTRICT MINUTES

FEBRUARY 26, 2018

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adoption of a cost effective system. Directors Wall and Tjulander see this as a way of preserving a meeting, but have not heard the public calling out for this service or justification for the expense. Chair Paule disclosed that he has a video production company, and has been a proponent for video-taping meetings. He sees the value to the Board in providing public transparency and in giving Board Members the ability to view a meeting they may have missed. Vice Chair Orkney moved to proceed as soon as possible with video-taping meetings with the selection of the Stephen Bigilen, Stephen’s Video, and the least expensive option. Motion seconded by Director Pan. Motion carried by the following vote. AYES: Pan, Paule, Orkney, Tjulander, Wall NOES: None ABSTAIN: None ABSENT: None

8. Finance Options and Rate Impacts for the Pure Water Project Mr. Norris presented the report and distributed a Rate Impacts for Financing Options spreadsheet to the Board. Staff clarified the baseline rate, which would remain the same whether a Pay Go Level Option was chosen or not. Staff’s recommended increase would be 2.5% for six years. Staff has presented a thirteen year smoothing period to coincide with the PFM report. Director Wall would support the higher amount and said and that even if we received more grants, that money would still be needed. Also, the increase is reasonable. Director Tjulander was also supportive of the higher amount. Director Pan asked if this was all that would be needed to fund the Pure Water Project. Mr. Norris clarified that this is just targeting the Pay Go part of the project and added that if we borrow money in the future, there could be other rate impacts that are not impacted. Vice Chair Orkney asked for clarification of the 6.5% and 5.5% baseline increases that end in 2020. Mr. Norris said the baseline rate is based on 3% inflation and that Staff was assuming a similar rate increase as the previous five year period in its forecast. A new five year plan would have to be adopted next year. She also noticed that reserves appear to be in the negative until 2023 and asked for clarification. Director of Finance Carlos Corrales responded by saying that it is due to including the capital contribution to the JPA. Vice Chair Orkney also inquired on how are rates compared with other agencies and was assured by Mr. Norris that we are in the middle range. There are a number agencies that have significantly higher rates.

ITEM # 5 9

Chair Paule looked at the debt service and if we were to need to a loan later on. He stated that the main construction of the project would occur in the late 2020’s, so the contribution over next few years until the main construction begins is included in the negative reserve. We’re anticipating that we will be providing a certain amount of funding toward this project until the time that we are eligible for grants. Mr. Corrales replied that the $6M would be spread over 30 years. If we start debt service by 2025, we would have sufficient monies to cover for the annual debt service. Chair Paule was also concerned with asking the public for Proposition 218 money that they do not understand. Mr. Norris said that we would have to update our capital improvement plan to imbed the Pure Water Project and the recycled water system into it. He will be adding a long term infrastructure replacement program in the next budget year. Chair Paule said to be sure to include why there will be a 9% rate increase and show the justification. Director Pan said the Pure Water project is a nation-wide trend and mentioned other areas in Texas that were doing the same thing on a larger scale. They made a decision to go to direct potable water reuse. Mr. Norris stated that Calleguas and Thousand Oaks will benefit from Oak Park. For every gallon of water that we do not use because we have another source of supply, it makes that gallon available to another customer to use during a time of great need. Vice Chair Orkney moved to adopt the $6 million Pay Go Level Option and direct staff to initiate a Proposition 218 process to support the appropriate wastewater service fee rate adjustment. Motion seconded by Director Wall. Motion carried by the following vote. AYES: Pan, Paule, Orkney, Tjulander, Wall NOES: None ABSTAIN: None ABSENT: None

9. Board of Directors Deferred Compensation Plan Review Update Mr. Norris presented the report. Vice-Chair Orkney opted to pay the required contribution to the Deferred Compensation Plan. In response to a prior inquiry, Chair Paule was assured that he was in compliance in not exceeding the contribution maximum. He expressed that it was unfortunate that not all Directors could participate in the plan. Vice-Chair Orkney asked staff to provide her with detailed documentation on how required contribution figures were calculated. Director Wall moved to have directors pay the lump sum of any required contribution to the Deferred Compensation Plan. Motion seconded by Director Pan. Motion carried by the following vote.

ITEM #510


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AYES: Pan, Paule, Orkney, Wall NOES: None ABSTAIN: Tjulander ABSENT: None

10. Triunfo Sanitation District Year in Review 2017 Mr. Norris presented the report. Vice Chair Orkney stated that she had suggested this report with the intent that Staff draw up a year in review for the outgoing Chair, as had been done in the past, sharing TSD’s highlights for the year. She questioned whether we are going to be proactive in our public relations outreach and timely. At this point, we are no longer timely in talking about last year’s accomplishments. She also questioned how much outreach is desired for the TSD board. Director Wall suggested we post news on our website. Chair Paule said that at best, we can post 2017 accomplishments on the TSD website. Vice Chair Orkney added that we should be sure to have something up at the end of the year and not wait until January. Mr. Norris said that Staff can accommodate the request. A challenge has been that meeting on a monthly basis sometimes has precluded the Board giving final approval on outgoing information. Chair Paule asked that any year in review include grant money received from the Bureau of Reclamation. Vice Chair Orkney asked for more outreach and if there is a story idea not to wait for Board approval, so that news can be timely. She suggested that perhaps Chair discretion could be used when timeliness is an issue and coming before the Board would delay timeliness. Director Pan said the website could be regularly updated, especially the Pure Water Project, to include the current phase. Mr. Norris said the JPA has hired a Pure Water Project consultant and wondered if the consultant comes up with content, whether it should reside on the JPA site, or have a link on the TSD website. Mr. Norris will follow Chair Paule moved to have the year in review posted on the TSD website and to have Chair discretion of additional public outreach. Co-Counsel Robert Congelliere stated that Chair discretion is not in the report and is not on the agenda. Chair Paule acknowledged Counsel’s point and asked Staff to have the issue of Chair discretion brought back at the next meeting.

ITEM # 5 11

Chair Paule revised his motion to have the year in review posted on the TSD website. Motion seconded by Director Tjulander. Motion carried by the following vote. AYES: Pan, Paule, Orkney, Tjulander, Wall NOES: None ABSTAIN: None ABSENT: None

INFORMATION AGENDA (Items 11 through 21) 11. Disbursements: January 2018 12. Investment Report: January 2018 13. Revenue & Expense Report: January 2018 14. Oak Park Water Service Update 15. Water Conservation Report: January 2018 16. Statewide Water Supply Conditions Report: February 19, 2018

17. TSD Website – Google Analytics Report

18. Water Conservation Customer Rebate Program

19. Triunfo Sanitation District Fiscal Year 2018-2019 (FY2019 Budget Schedule

20. Records Retention 21. Future Meetings, Seminars and Conferences:

Feb. 27-Mar. 1 – ACWA Washington D.C. Conference

Mar. 5, 5:00 p.m. – JPA Meeting (at Oak Park Library) Mar. 25 – 27 – WateReuse California Annual Conference, Monterey Mar. 26, 5:15 p.m. – TSD Regular Board Meeting (Oak Park Library) Apr. 2, 5:00 p.m . – JPA Meeting (at LVMWD) Apr. 11 – CASA WateReuse California Public Policy Forum, Sacramento Apr. 23, 5:15 p.m. – TSD Regular Board Meeting (Oak Park Library) Vice Chair Orkney asked for clarification on item No.15, page 97, that stated that recycled water consumption for January 2018 was 42 acre feet comparted to 9 acre feet in 2017. Mr. Norris said that it includes Calleguas and water that we

ITEM #512


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sell. The main is still far and above what was sold last year. Vice Chair Orkney asked that Staff provide a more detailed breakdown of recycled water and what is going to Oak Park, Pleasant Valley, Cal Water, etc. Chair Paule noticed that looking at the usage of the potable water, we are 10% lower on our budgeted projections which is not surprising that during a dry year, usage should come up. Director Tjulander asked if anyone else was going to the WateReuse Conference. Chair Paule noted that he had spoken to Dave Peterson and there is a Washington D.C. Conference that is not listed for April 9th. He asked Staff to find out more about the dates of the conference. Vice Chair Orkney said that we needed to select who would be going and making sure that it was not a quorum of the Board. Chair Paule expressed interest in going, but has a scheduling conflict for any travel on April 8th. Vice Chair Orkney asked Co-Counsel if the selection for attendees could be made since it is not listed on the agenda. Co-Counsel Congelliere stated that the discussion could be held under the titling of Agenda Item No. 21. Vice Chair Orkney suggested that Director Wall attend and attendees be limited to two. Director Tjulander expressed interest in going, as well as Vice Chair Orkney. Chair Paule also intended on attending and was supportive of Director Wall attending. Mr. Congelliere reminded the Board that an information item does include the Board taking action. At Chair Paule’s discretion, Vice Chair Orkney and James Wall were designated to attend. Vice Chair Orkney moved to receive and file the information item reports. Motion seconded by Director Wall. Motion carried by the following vote. AYES: Pan, Paule, Orkney, Tjulander, Wall NOES: None ABSTAIN: None ABSENT: None

ORAL REPORTS – (Items 22 through 25) 22. Standing Committee Reports:

a. Finance Committee – No report. b. Recycled Water Committee – No report. c. Website Oversight Committee – No report.

23. Board Member Comments (None)

24. Reports on Outside Meetings/Conferences

Vice Chair Orkney reporteed on having attended the CASA Winter Conference in Palm Springs She was most impressed with the offerings on Infrastructure

ITEM # 5 13

Security and information from the Santa Rosa Fire and will contact CASA for printouts from the session she attended. Director also attended. Director Tjulander reported on participating in the Oak Park Unified School District Sustainability Fair with Director’s Pan and Orkney. It was a good turnout and could have benefitted with more advertising. TSD assisted with advertising in the Oak Park bill mailings. Director Orkney added that the organizers tried something new with raffling off 18 bicycles to attendees that stopped by every booth that boosted booth attendance. Director. Only one comment was received regarding rates. She acknowledged the contributions of staff members Lisa MckInley and Arik Baharouzi, who were also present. Chari Paule reported on attending the Ventura County Special Districts Association (VCSDA) annual dinner with keynote speaker Sheriff Dean and the presentation he gave on “Lessons learned from the Thomas Fire”. The presentation was extremely relevant having come off of last month’s TSD presentation on the District’s Emergency Respose Plan. Directo Pan attended a disaster workshop sponsored by the Association of Water Agencies (AWA) and found it valuable in interacting with other agencies and sharing their experiences. She found that if a District has a population of over 1,000 with a specific native language, that information needs to be available in that language. It would be helpful to identify that need beforehand. A designated centralized website should be used during a disaster and it should be updated regularly.

25. General Manager, Legal Counsel Comments (None)

CLOSED SESSION – (Item 26 only) At 7:49 p.m., Co-Counsel Robert Congelliere announced that there would not be a closed session on the following item: 26. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Pursuant to Government Code § 54956.9, subdivision (a) – Triunfo Sanitation District v. New Mission, LLC, Superior Court of the State of California, County of Ventura, Case No. 56-2017-00499222-CU-OR-VTA

ADJOURNMENT: There being no further business, and without objection, Chair Paule adjourned the meeting at 7:50 p.m. to the Regular Meeting to be held Monday, March 26, 2018, at 5:15 p.m. at the Oak Park Library.

ITEM #514


FEBRUARY 26, 2018

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Prepared by: Approved: ______________________________ _______________________________ Juliet Rodriguez Michael Paule, Chair Clerk of the Board Triunfo Sanitation District

ITEM # 5 15


ITEM #516

ITEM # 6 17


ITEM #618

ITEM # 7 19

ITEM #720

ITEM # 7 21

ITEM #722

ITEM # 7 23

ITEM #724

ITEM # 8 25

ITEM #826

ITEM # 8 27


ITEM #828

Ordinance No. TSD-200 Page 1

TRIUNFO SANITATION DISTRICT

ORDINANCE NO. TSD-200

AN ORDINANCE OF THE TRIUNFO SANITATION DISTRICT ESTABLISHING AND REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS; THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, SEWER LATERALS AND SEWER MAIN EXTENSIONS; REGULATING THE DISCHARGE OF WATER

AND WASTE INTO THE PUBLIC SEWER SYSTEM; AND PROVIDING FOR PERMITS, FEES, AND PENALTIES FOR ALL VIOLATIONS THEREOF

The Board of Directors of the Triunfo Sanitation District of Ventura County, does ordain as follows:

TITLE This Ordinance shall be known as the “TRIUNFO SANITATION DISTRICT SANITARY SEWER ORDINANCE” and may be cited as such or as TSD-200.

ARTICLE I – DEFINITIONS Section 10 – Apartment. “Apartment” shall mean a suite or set of rooms outfitted with housekeeping facilities and intended for occupancy as a dwelling unit. Section 20 – Board. “Board” shall mean the Board of Directors of District. Section 30 – Building. “Building” shall mean any structure used for human habitation, business, recreation, or other uses requiring sanitary facilities. Section 40 – Building Sewer. “Building sewer” shall mean that portion of any sewer which begins at the plumbing or drainage outlet of a building or industrial facility and runs to the property line or a private sewage disposal system. Section 50 – Commercial. “Commercial” shall mean a site or building used for the exchange or buying and selling of material goods or services and shall also mean a hotel or motel. Section 60 – Condominium. A “condominium” is an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate, with respect to the duration of its enjoyment, may be either (1) an estate of inheritance or perpetual estate, (2) an estate for life, or (3) an estate for years, such as a leasehold or a subleasehold.

ITEM # 8 29

Section 70 – Contractor. “Contractor” shall mean any individual, firm, partnership, association, or corporation currently licensed by the State of California to perform the type of work required by permit. Section 80 – District. “District” shall mean the Triunfo Sanitation District of Ventura County, California. “TSD” shall also mean the Triunfo Sanitation District of Ventura County, California, and the terms District and TSD may be used interchangeably. Section 90 – Domestic Sewage. “Domestic sewage” shall mean the waterborne wastes derived from ordinary living processes, free from commercial, institutional or industrial wastes, and of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private sewage disposal system. Section 100 – Engineer. “Engineer” shall mean the District Engineer or his appointed representative, who shall administer and enforce all provisions of this Ordinance. Section 110 – Equivalent Residential Unit. “Equivalent Residential Unit” or “ERU” shall mean a unit of measurement for the quantity and quality of sewage which is equivalent to domestic sewage originating in a single residential unit. One ERU is less than or equal to an average of 250 gallons per day per year of domestic sewage discharge. One ERU is also equal to 25 fixture units or less based on the number of fixture units as assigned to various plumbing fixtures in the Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO). Should a conflict arise between the flow and fixture unit definitions, the most restrictive definition shall apply. Section 120 – House Lateral Sewer. “House lateral sewer” shall mean that portion of a public sewer within a public way or easement which connects a building sewer to the main sewer. Section 130 – Industrial. “Industrial” shall mean any site, structure, building or works which is, or which is designed to be, used for the manufacture, processing, or distribution of materials, equipment, supplies, food or commodities of any description; or which is used or designed to be used as a sanitarium, hospital, penal institution, or charitable institution; together with all appurtenances thereto and the surrounding premises under the same ownership or control. Section 140 – Industrial Waste. “Industrial waste” shall mean any and all commercial, institutional or industrial waste substances, liquid or solid, except domestic sewage and including, but not limited to, radioactive wastes and explosives, noxious, toxic or corrosive gases or liquids when present in the sewerage system. Section 150 – Institutional. “Institutional” shall mean any educational institution supported by state or local taxes. Section 160 – Main Sewer. “Main sewer” shall mean a public sewer which is designed to accommodate more than one lateral sewer.

ITEM #830


Section 170 – Mobile Dwelling Unit. “Mobile Dwelling Unit” shall mean a dwelling unit intended to be moved from site to site on wheels that are part of the unit and having dimensions longer than forty (40) feet and wider than eight and one-half (8.5) feet. Section 180 – Multiple Residential. “Multiple residential sewer connection” shall mean a sewer to serve more than one single family residence. Section 190 – Permit. “Permit” shall mean any written authorization required pursuant to this Ordinance or any other rules or regulations of the District for the installation or connection of any sewage works. Section 200 – Person. “Person” shall mean any human being; individual; firm; company; partnership; association; private, municipal, or public corporation; the United States of America; the State of California; districts; and all political subdivisions, governmental agencies, and subsidiaries thereof. Section 210 - Private Sewer. “Private sewer” shall mean a sewer serving an independent sewage disposal system not connected with a public sewer; for example, a septic tank system. Section 220 – Public Sewer. “Public sewer” shall mean a sewer lying within a public way or assessment under the jurisdiction of the District. Section 230 – Rules & Regulations. “Rules & Regulations” shall mean specific rules and/or regulations adopted by a Resolution of the Board to establish specific guidance and limitations on how a portion of the District’s operating procedures are to be handled. Said Rules & Regulations shall not conflict with this or any other Ordinance of the District. Section 240 – Sanitary Sewer. “Sanitary sewer” shall mean a sewer to which storm, surface, and ground waters are not intentionally admitted. Section 250 – Sewage. “Sewage” shall mean any combination of water-carried wastes from a residence, a business, or an institutional or industrial establishment. Section 260 – Sewage Treatment Plant. “Sewage treatment plant” shall mean any devices, facilities or structures used for the treatment of sewage. Section 270 – Sewage Works. “Sewage works” shall mean all facilities for the collection, transportation, storage, pumping, treatment, reclamation, and disposal of sewage. Section 280 – Sewer. “Sewer” shall mean any pipe or conduit for the transportation of sewage. Section 290 – Sewer Connection Fee. “Sewer connection fee” shall mean a fee to obtain permission to connect to the District sewer, to have flow capacity rights, and to use the trunk sewer, sewage treatment facilities and appurtenances, provided that the District’s prevailing service charges have been paid.

ITEM # 8 31

Section 300 – Sewer Service Charge. “Sewer Service Charge” shall mean the fee the District charges each of its customers for the privilege of using the sewage works of the District. Section 310 – Side Sewer. “Side sewer” shall mean the sewer line which begins at the foundation wall of a building and terminates at the main sewer and includes both the building and house lateral sewer. Section 320 – Single Residential. “Single residential sewer connection” shall mean a sewer to serve a single family residence. Section 330 – Street. “Street” shall mean any public highway, road, street, avenue, alley, way, public place, public easement, or right-of-way. Section 340 – Trailer. “Trailer” shall mean a mobile dwelling unit where either or both of the dimensions are smaller than those defining a mobile dwelling unit.

ARTICLE II – GENERAL PROVISIONS Section 350 – Application. This Ordinance is intended to provide for the use, maintenance, installation and construction of all sanitary sewer facilities hereinafter installed, altered, or repaired within the District. This Ordinance shall have no retroactive effect. Section 360 – Violation, Unlawful. It is unlawful for any person to connect to, construct, install or provide, maintain and/or use any other means of sewage disposal from any building in said District, except by connection to a public sewer in the manner provided by this Ordinance. Where the cost of providing sewer service to any lot, parcel or building within the District would cause an undue hardship on the District, the District reserves the right to delay sewer service to said lot, parcel or building until such time as the District is financially able to provide such service. Section 370 – Relief on Application. When any person, due to special circumstances, considers any provision of this Ordinance to be unjust or inequitable as applied to his premises, he may make a written application to the Board requesting suspension as to his premises. Such application shall state the special circumstances and the pertinent provision shall be cited. The Board may make a motion to suspend or modify the provision complained of, said suspension or modification to be effective as to the date of the application, and to be continued during the period of such special circumstances. Section 380 – Relief on Own Motion. The District, on its own motion, may find, due to special circumstances, that a provision of this Ordinance should be suspended or modified as applied to particular premises. It may make a motion to order suspension or modification to all or part of such premises during the period of such special circumstances. Section 390 – District Inspector. The District may employ a qualified person or persons to inspect the installation, connection, maintenance and use of all side sewers, public and private sewers, and all facilities in connection with said District.

ITEM #832


Section 400 – Permits and Fees. No public or side sewer, or sewerage facility shall be installed, altered, or repaired within the District until a permit has been obtained from the District, and appropriate fees paid in accordance with this Ordinance.

ARTICLE III – PUBLIC SEWER USE Section 410 – Waste Disposal. It shall be unlawful for any person to place, deposit, or permit the deposit in an unsanitary manner upon public or private property within the District, or in any area within the jurisdiction of the District, any human excrement or other objectionable waste. Chemical toilets on construction sites, however, may be used during the construction period. Section 420 – Treatment of Waste. It shall be unlawful to discharge into any drainage conduit, stream or watercourse any sewage, industrial waste, or other polluted waters. Section 430 – Unlawful Disposal. Except as provided herein, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, sewage pit or other facility intended for the disposal of sewage. Section 440 – Occupancy Prohibited. No building, structure or other facility shall be occupied until the owner of the premises has complied with the provisions of this Ordinance. Section 450 – Sewer Required. Any building or structure located on property which abuts any easement or right-of-way in which there is a present or planned public sewer of the District shall, at the expense of the owner of said building or structure, and in accordance with the provisions of this Ordinance, be connected to the public sewer, provided that said public sewer is within two hundred (200) feet of the property line of the building site or structure; and that said building or structure is not in excess of four hundred (400) feet from the District sewer. Said sewer connection shall be completed within sixty (60) days following receipt of official notification to proceed.

ITEM # 8 33

ARTICLE IV – PRIVATE SEWER DISPOSAL Section 460 – Sewer Unavailable. Where a public sewer is unavailable under Section 450, the building sewer shall connect to a private sewage disposal system complying with the provisions of the Ventura County, or appropriate city, Building & Safety Department, as well as the appropriate Public Health Official or any Rules & Regulations of the District and shall not serve more than one parcel of land. Section 470 – Permits. Prior to commencement of the construction of a private disposal system, the owner shall obtain a written permit signed by the Engineer. The application for such permit shall be made on a form supplied by the District. The application shall be supplemented by any plans, specifications or further information requested by the Engineer. A permit, plan check and inspection fee shall be paid to the District concurrently with the filing of the application in accordance with this Ordinance. The permit for the installation of a private sewage disposal system shall not be effective until the installation is completed to the satisfaction of the Engineer. Section 480 – Maintenance Cost. The owner shall operate and maintain private sewage disposal facilities in a sanitary manner, at his own cost and without expense to the District. The District shall have no liability to the owner or any third party relative to the operation and maintenance of the private sewage disposal facilities or the lack of any such operation and maintenance. Section 490 – Other Requirements. The statements contained in this Article shall not be construed to interfere with the requirements imposed by any other law, ordinance, statute, or directives of the appropriate Health Officer having jurisdiction.

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ARTICLE V – SEWER SERVICE CHARGE Section 500 – Sewer Service Charge. A sewer service charge shall be paid to the District by the District’s sewer service customers in accordance with the following schedule:

Current Rate (per ERU per month)

July 1, 2018 (per ERU per month)


Category Use I Single Residential, per each residential lot, or

separate billing address, whichever is greater. (TSD-29, TSD-32, TSD-38, TSD-41, TSD-48, TSD-53, TSD-61, TSD-65)

$50.49 $55.03 $59.98

I Multiple Residential, per each Equivalent Residential Unit (ERU) or fraction thereof. * * The number of ERUs for recreational and/or other miscellaneous facilities within a multiple residential complex shall be computed per Method A or Method B in TSD Rules and Regulations for the Sewage Collection System. No monthly service charge shall be charged for laundry room facilities within a multiple residential complex, open to use only by residents of the complex. (TSD-29, TSD-32, TSD-38, TSD-41, TSD-48, TSD-53, TSD-61, TSD-65)

$50.49 $55.03 $59.98

I Apartment, per each apartment unit where each apartment unit shall be considered 80 percent of one (1) ERU. * * The number of ERUs for recreational and/or other miscellaneous facilities within a multiple residential complex shall be computed per Method A or Method B in TSD Rules and Regulations for the Sewage Collection System. No monthly service charge shall be charged for laundry room facilities within a multiple residential complex, open to use only by residents of the complex. (TSD-29, TSD-32, TSD-38, TSD-41, TSD-48, TSD-53, TSD-61, TSD-65)

$40.38 $44.01 $47.97

I Mobile Dwelling Unit, per each mobile dwelling unit where each mobile dwelling unit shall be considered 80 percent of one (1) ERU. * (TSD-29, TSD-32, TSD-38, TSD-41, TSD-48, TSD-53, TSD-61, TSD-65)

$40.38 $44.01 $47.97

ITEM # 8 35




Category Use I Commercial, hotels, and institutional,

when computed per Method B in TSD Rules and Regulations for the Sewage Collection System, per ERU or fraction thereof. (TSD-29, TSD-32, TSD-38, TSD-41, TSD-48, TSD-53, TSD-61, TSD-65)

$50.49 $55.03 $59.98

II Shopping centers, when computed per Method B in TSD Rules and Regulations for the Sewage Collection System, per ERU or fraction thereof. (TSD-29, TSD-32, TSD-38, TSD-41, TSD-48, TSD-53, TSD-61, TSD-65)

$89.65 $97.72 $106.51

III Restaurants, markets and mortuaries, when computed per Method B in TSD Rules and Regulations for the Sewage Collection System, per ERU or fraction thereof. (TSD-29, TSD-32, TSD-38, TSD-41, TSD-48, TSD-53, TSD-61, TSD-65)

$116.14 $126.59 $137.98

IV Special Cases, service charges shall be based on equivalent factors of flow, loading and cost of service (including an increment for costs of extraordinary service, if required) and implemented by a separate sewer use agreement between the user and District. * * Examples of service which may be defined as a “Special Case” include, but are not limited to, the following: (1) Service not defined in one of the preceding categories which are unique or require extraordinary service; (2) Service outside District boundaries; (3) Service to areas requiring special maintenance; (4) Service to areas requiring pumping with a lift greater than 200 feet; or, (5) Service to dischargers of wastewater of unusual strengths; (6) Service to areas where the ERU method in TSD Rules and Regulations for the Sewage Collection System results in an inequity. (TSD-29, TSD-32, TSD-38, TSD-41, TSD-48, TSD-53, TSD-61, TSD-65)

Individual Case

Individual Case

Individual Case

V Industrial Waste Charge Permits. Any industrial waste discharge permit may provide special discharge requirements and charges, as determined by the District Manager, including, but not limited to, charges for constituents of the sewage discharge, special metering arrangements, including irrigation usage by industrial dischargers, and charges for excess flows or peak seasonal discharges by industrial users. (TSD-29, TSD-32, TSD-38, TSD-41, TSD-48, TSD-53, TSD-61, TSD-65)

Individual Case

Individual Case

Individual Case

ITEM #836


Section 501 – Findings. The TSD Board of Directors finds the foregoing fees and charges are for the purpose of (1) meeting operating expenses, including but not limited to the District’s operations, maintenance and management contract; (2) purchasing or leasing supplies, equipment and materials; (3) meeting financial reserve needs and requirements; (4) obtaining funds for constructing and maintaining water facilities necessary to maintain service within existing areas; (5) improvements and repairs; and (6) debt service and refunds. The TSD Board of Directors further finds that the passage of this ordinance does not increase the District’s sewer service fees and charges and, therefore, does not require that the District’s compliance with certain procedural requirements of Article XIII D of the California Constitution (enacted by Proposition 218, November 6, 1996 Statewide election). The TSD Board of Directors further finds that the foregoing fees and charges (1) do not exceed the funds required to provide the service; (2) are not used for any purpose other than that for which they are imposed; (3) as imposed upon any parcel or person as an incident of property ownership, do not exceed the proportional cost of the service attributable to the parcel; and (4) are imposed only for service that is actually used by, or immediately available to, the owner of the property in question. Recitals in any ordinance amending Article V of Ordinance No. TSD-200 shall be adopted as findings incorporated by reference in Article V, Section 501 of Ordinance No. TSD-200. Section 502 – Fee Review Period. On or about January 1 of each year, the District Manager is hereby empowered and shall review the estimated cost of providing the services described in Ordinance No. TSD-200, Article V and the impact of any pending or anticipated changes in the service level. This District Manager shall report these findings to the Board of Directors at a duly noticed public hearing and recommend any adjustment to this fee or other action that may be required. Section 503 – Repeal. Any prior District ordinances or other actions inconsistent with Article V of Ordinance No. TSD-200 as amended by Ordinance No. TSD-65 are hereby repealed. Section 504 – Effective Date. Any amendments to Ordinance No. TSD-200, Article V, shall take effect with the first full billing cycle after adoption. Section 510 – Method of Collection. 1. Initial Connection to the Public Sewer. When sewer connections covered by a

permit issued pursuant to Section 530 of this Ordinance have been installed and approved in accordance with District Ordinances and Rules & Regulations, the sewer service charges for the connections covered by said permit shall be as follows:

ITEM # 8 37

a. If said connections are completed after the first Monday of May and prior to the first day of July of any calendar year, the sewer service charges shall become owing, due and payable in advance for the remainder of the fiscal year in which said connections are completed and for the next succeeding fiscal year. Such sewer service charge for the remainder of the fiscal year in which connections are completed shall be computed by prorating the annual charge from the first day of the calendar month following the date of such completion to the end of the fiscal year.

b. If said connections are completed on or after the first day of July of the

succeeding calendar year, the sewer service charge shall become owing, due and payable in advance for the remainder of the fiscal year in which said connections are completed. Such sewer service charge shall be computed by prorating the annual charge from the first day of the calendar month following the date of such completion to the end of the fiscal year.

c. The above Sections 510-1(a) and 510-1(b) shall not apply to connections to

serve nontaxable entities. The sewer service charges for these accounts shall be collected on a bimonthly basis in the manner set forth in Section 23 of the Rules and Regulations for the Sewage Collection System adopted by the Board of Directors of the District.

d. If said connections are to serve “Outside-of-District” accounts or accounts on

which the charges are based on unusual flow and/or waste characteristics, the above Sections 510-1(a) and 510-1(b) may be waived, at the option of the District Engineer. If these sections are waived, the sewer service charges shall be collected on a bimonthly basis in the manner set forth in Section 23 of the Rules and Regulations for the Sewage Collection System adopted by the Board of Directors of the District.

e. Any unpaid portion of the said sewer service charges, except for accounts

exempted from this method of collection, shall constitute a lien against the respective property on which is located the residence, building or facility for which said sewer service charge was imposed.

2. Sewer Connections Existing on the First Monday of May of any Calendar Year.

(Ord. TSD-29)

a. Pursuant to Section 5473 of the Health & Safety Code of the State of California, the sewer service charge for any sewer service connections existing on the first Monday of May of any calendar year for any lot, building or parcel of land shall be collected on the tax roll in the same manner, by the same persons, and at the same time as, together with, and not separately from, the general taxes. (Ord. TSD-29)

b. Any unpaid sewer service charge shall become delinquent at the same time as

all other taxes and shall constitute a lien against the respective property on which is located the residence, building or facility for which said sewer service charge was imposed.

ITEM #838


c. Sewer service charges for nontaxable entities are exempted from this method

of collection. Charges for “Outside-of-District” accounts and for accounts on which the charges are based on unusual flow and/or waste characteristics may be exempted from this method of collection at the option of the District Engineer. Sewer service charges for any accounts exempted from this method of collection shall be collected on a bimonthly basis in the manner set forth in Section 23 of the Rules and Regulations for the Sewage Collection System adopted by the Board of Directors of the District.

d. The method of collecting sewer service charges on the tax roll is an alternative

to other methods of collection specified elsewhere in this Ordinance. 3. Sewer Connections on New Apartment Occupied Units. A new apartment unit’s

occupancy-factor shall be calculated for the first year, in accordance with prior district experience, on a scale from zero to full occupancy over a one year period, per the table below. As the factor is calculated and set, the precise charge for the time from first occupancy until the next June 30 shall be direct billed and subject to normal penalties for nonpayment. The balance of the initial one year occupancy period shall be calculated and placed on the next year’s tax rolls, along with an amount equal to full occupancy, prorated for the balance of the tax year. After the initial one year period, apartment complexes will be calculated the same as single family residential properties, and shall be charged for full occupancy, even if there is less than full occupancy. There shall be no further credits for vacancies after the initial one year period.

New Apartment Occupancy Factor Table

Month 1 2 3 4 5 6 7 8 9 10 11 12 Ratio: 8% 17% 25% 33% 42% 50% 58% 67% 75% 83% 92% 100%

(TSD-27) Section 520 – Adjustments to Sewer Service Charges. While unanticipated, from time-to-time there may be shortfalls in revenues from sewer connection fees necessary to finance payments on revenue bonds, certificates of participation or general obligation bonds issued after January 1, 1980. If that is the case, sewer service charges may be increased to make up such shortfalls. If sewer service charges are so increased and, if revenues from sewer connection fees or other revenues thereafter exceed the amounts necessary to finance the payments on such debt instruments, that excess shall be used to reduce the sewer service charges in an amount equal to the above-mentioned increase. Section 525 – Penalties for Nonpayment and Collection. All fees and charges made or assessed under the provisions of this Ordinance are due and payable 15 days from the mailing date of the billing document and shall become delinquent 15 days thereafter. Delinquent amounts shall be subject to a penalty. (TSD-27)

a. Penalty Application. The penalties described herein shall be applied to accounts with direct billing only. The usual penalty applied by the Auditor-Controller/Tax Collector’s office shall be applied to unpaid property tax bills,

ITEM # 8 39

where the fees and charges have been placed on the tax rolls for collection. The extraordinary penalties described herein shall not be applied to unpaid property tax bills.

b. Penalty Initial Amount. For apartment complexes, commercial and industrial

accounts with direct billing, there shall be an initial penalty charge equal to 10% of the unpaid balance. Single family residential accounts with direct billing will incur a penalty charge of 1.5%.

c. Penalty Ongoing Amount. Balances of all accounts plus any initial penalty

charge which remains unpaid at the end if the next regular billing period shall incur additional penalty charges of one and one-half percent (1.5%) per month on the unpaid balance until paid. Continued nonpayment will result in the unpaid amounts, plus any collection costs to the district, being added to the tax rolls for collection during the next tax year.

ARTICLE VI – BUILDING SEWERS, LATERALS AND CONNECTIONS

Section 530 – Permit. Prior to construction of a building sewer, lateral sewer, or any connection with a public sewer, a written Permit shall be obtained, and all fees and connection charges paid in accordance with the provisions of this Ordinance. Section 540 – Construction Requirements. The requirements of the District and this Ordinance shall govern the construction of building and lateral sewers. Specific requirements shall be set by resolution of the District in a format known as the Rules and Regulations for the Sewage Collection System. Section 550 – Separate Sewers. Except as provided in Section 560 for condominium projects, no two adjacent lots fronting on the same street shall be permitted to join in the use of the same side sewer, and every building or industrial facility shall be separately connected with a public sewer if such sewer is available. However, one or more buildings located on property belonging to the same owner may be served with the same side sewer during the period of said ownership. The District shall render a single bill to the property owner, or applicant of record, which shall include the sewer service charge for the entire property. Upon subsequent subdivision and sale of the portion of a lot, that portion not directly connected with a public sewer shall be separately connected with the public sewer. It shall be unlawful for the owner to continue to use of or to maintain such indirect connection. Section 560 – Condominium Projects. In condominium projects, two or more units of the condominium may, at the option of the District Engineer, be permitted to join in the use of the same side sewer. The responsibility for maintenance of such side sewer shall be as defined in Section 950 of this Ordinance.

ARTICLE VII – PUBLIC SEWER CONSTRUCTION Section 570 – Subdivisions. Prior to the approval by the District of any final subdivision map, the requirements of all Sections in Article IX of this Ordinance shall be fully complied with. Said map shall provide for dedication for public use of all streets, easements or

ITEM #840


rights-of-way in which public sewer lines are to be constructed. The developer shall construct the sewers in the subdivision or tract in accordance with District standards, and shall thereupon offer to dedicate said public sewers to the District. In accordance with the Rules and Regulations for the Sewage Collection System of the District, developers, property owners, and/or other applicants for service may be required to oversize sewerage facilities to serve adjacent areas. Section 580 – Incomplete Construction. If the map as provided for in Section 570 of this Ordinance is recorded, and the sewer construction of the tract is not completed within the time limit granted by permit, the District may extend the time limit, or may complete the work and take appropriate action to enforce the provisions of the bond furnished by the subdivider. Section 590 – Easements or Rights-of-Way. Where an easement is required for the extension of the public sewer or a connection thereof, an acceptable easement or right-of-way shall be procured by the applicant and shall be dedicated to the District. Such easement or right-of-way shall be legally sufficient in form, and approved by the Engineer prior to the laying and maintenance of such extension or connection. Section 600 – Persons Authorized. Public sewer construction within the District shall be performed by authorized contractors, currently licensed by the State of California or by the District. All terms and conditions of the District Permit shall be binding on the contractor. The requirements of this section shall also apply to side sewers installed concurrently with public sewer construction.

ARTICLE VIII – USE OF PUBLIC SEWERS Section 610 – Types of Wastes Prohibited. No person shall knowingly discharge or deposit or allow the discharge or deposit into District sewers, solids or fluids which create nuisances, such as odors; are a menace to public health; or are detrimental to the functioning of said sewers or to the treatment processes and/or disposal facilities of the District. The specific rules and regulations to implement this prohibition shall be set by Resolution of the District in a format known as the Rules and Regulations for Sewage Disposal. Said Rules and Regulations shall set limitations on certain wastes and discharges into the District sewers and provide for a system of industrial permits, wastewater monitoring and self reporting.

ARTICLE IX – PERMITS AND FEES Section 620 – Permit Required. No unauthorized person shall uncover, connect with, or open into, use, alter, or disturb any public sewer or appurtenance, or perform work on any drainage system without first obtaining written permit from the District. Evidence shall be posted at the work site or otherwise made available upon demand of any District authorized representative. Section 630 – Application for Permit. Any person legally entitled to apply for and receive a Permit may make application to the District. The location, ownership, occupancy and use of the premises, and a description of the proposed nature of the work to be performed

ITEM # 8 41

shall be provided by the applicant. Specifications, plans, drawings and other information shall be supplied to the Engineer as deemed necessary. Section 640 – Permit Compliance. Approval of the application for a permit is evidenced by the issuance of a Permit. Thereafter, no change shall be made in the location of the sewer, the grade, materials or other details described in the Permit or as shown on the approved plans and specifications, unless prior written permission is obtained from the District, the Engineer, or other authorized representatives. Until the connections covered by the issued Permit have been installed and approved in accordance with District Ordinances and Rules & Regulations, no residence, building or facility to be served by said connections shall be allowed to discharge sewage to the public sewer. Section 650 – Agreement. The signature of the applicant on an application for a Permit as set forth in Section 660 of this Ordinance, shall constitute an agreement to comply with all provisions, terms and requirements of this Ordinance. The signature shall constitute an agreement to comply with the approved plans and specifications and any further corrections or modifications as may be required by the District. Such agreements shall be binding upon the applicant and may be modified by the District after the receipt and consideration of a written request for modification submitted by the applicant. Section 660 – Permit Classes. There shall be six (6) classes of permits:

A. Single Residential Lot Sewer Permit. B. Multiple Residential, Institutional, Commercial, Miscellaneous Sewer Permit.

C. Industrial Sewer Permit.

D. Private Sewage Disposal Permit.

E. Subdivision Final Map or Parcel Map Sewer Permit.

F. Reclaimed Water Permit.

Section 670 – Annexation Fees. The owner or owners of lands within areas to be annexed to the District shall, upon annexation to the District, pay an amount determined by adding up for each of the past ten (10) years the District’s numerical tax rates for bonded indebtedness multiplied by each year’s assessed valuation of the real property to be annexed as shown on the official tax rolls of the County of Ventura. Upon annexation, this Ordinance and all Rules & Regulations of the District shall apply and be complied with in the manner provided. Section 680 – Sewer Connection Fee. Sewer connection fees, as set forth in Section 690, shall be paid in full prior to final approval of any Subdivision, Planned Development, Special Use Permit, Building Permit, and/or prior to the commencement of any work necessary to furnish sewer service to any residence, building or parcel. However, in a case where an individual owns a parcel of land larger than ten acres in size, but desires sewer service for only a small portion thereof, and if the District is

ITEM #842


financially able to do so, it may, at its sole option, collect sewer connection fees for only that portion of the parcel that is to be developed as shown on Subdivision, Planned Development, or Special Use Permit improvement plans. At such time as further development of the parcel occurs, the then applicable sewer connection fees shall be paid for the remainder. Said sewer connection fee shall be in accordance with the rate effective on the date of the most recent final approval and/or the commencement of the necessary work, whichever is later. Notwithstanding any other provision of the Ordinance, the following provisions are controlling:

a. Sewer connection fees paid on or after November 27, 1980, shall be considered paid in full for 18 months following the date of payment. Following the expiration of the 18 month period, the entire amount of the then required sewer connection fee shall be paid in full, with credit being given for any amount previously paid.

b. Sewer connection fees paid prior to November 27, 1980 shall be considered

paid in full until May 27, 1982. After May 27, 1982, the entire amount of the ten required sewer connection fee shall be paid in full, with credit being given for any amount previously paid.

Section 690 – Amount of Sewer Connection Fee. The following names are established for the purpose of identifying service areas for use in establishing and collecting connection charges:

a. “Bell Canyon Assessment” shall mean all areas within the general area known as Bell Canyon and also identified in the Engineer’s Report for Bell Canyon Sewer Assessment District No. 85-1 as benefiting unimproved lots.

b. “Joint Venture” shall mean all areas within the District which do not qualify

under subsection a above. The fee for connecting each Equivalent Residential Unit (ERU) to the facilities of the District shall be in accordance with fee prescribed in District ordinance or resolution. Section 700 – Adjustment of Sewer Connection Fee. Commencing on July 1, 1990 and continuing thereafter on each July 1, the sewer connection fee set forth above shall be adjusted by an increment based on the March to March percentage change in the Construction Cost Index for the Los Angeles area published in the McGraw-Hill construction weekly magazine titled “ENR,” and rounded to the nearest twenty-five dollars ($25). However, the Board may at its sole option determine, by resolution adopted prior thereto, that such adjustment shall not be effective for the next succeeding years, or may

ITEM # 8 43

determine other amounts as appropriate based upon the capital expenditure needs of the District. Section 710 – Public Sewer Plan Check Fee. When sewer plans are first submitted, a fee shall be paid to the District for all public sewer construction plan checking. Plan check fees shall be based on the following rates:

a. Plan check fees per connection to the public sewer, shall be computed on the following schedule:

1) A fee of three percent (3%) of the District Engineer’s estimate of the

cost of public sewer improvements to be constructed, as computed from Plate No. 1 – Unit Cost for Estimating.

2) Under no circumstances shall refund of the above fee be made after

the District has started processing of the plans.

b. Plans Resubmitted After Developer’s Change Orders: The minimum plan check fee shall be one hundred dollars ($100) per sheet of the improvement plans.

c. Subdivision Final Map or Parcel Map Sewer Improvement Plan: For the

public sewer improvements required to be constructed as a condition of approval by the Governing Code of a final tract or parcel map, the following fee shall be paid to the District for the public sewers to be constructed in a public dedicated street or in a sewer easement or right-of-way dedicated to the District.


cost of public sewer improvements to be constructed. 2) Under no circumstances shall refund of the above fee be made after

the District has started processing of the plans. (Ord. No. TSD-45) Section 720 – Public Sewer Construction Inspection Fee. A fee shall be paid to the District for all public sewer construction inspection. Sewer construction inspection fees shall be based on the following rates:

a. The public sewer construction inspection fee for residential, commercial, industrial, institutional, or miscellaneous developments shall not be less than two hundred and fifty ($250) per connection to the public sewer and shall be computed on the following basis:

1) A fee of five percent (5%) of the first one hundred thousand dollars

($100,000) of public sewer improvement costs as estimated by the District Engineer.

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2) A fee of three and one-half percent (3-1/2%) of the above one hundred thousand dollars ($100,000) of estimated public sewer improvement costs.

b. Subdivision of Final Map or Parcel Map Sewer Improvements. For the

public sewer, the construction inspection fee shall be on the basis of fee schedule shown under Section 720(a).

c. Private Sewage Disposal System Construction Inspection. The fee shall be

equal to five percent (5%) of the system construction costs as estimated by the District Engineer.

d. Inspection Fee for Special Situations. Construction inspection fees for

special situations as determined by the District Engineer, such as inspections for sewage lift stations or drop manholes, shall be on the basis of the fee schedule shown under Section 720(a).

e. Inspectors Overtime Procedure. Any special inspection outside the usual

inspection hours, the following procedure will be followed:

1) There will be a minimum one (1) hour charge during normal work days and four (4) hours minimum during Saturdays, Sundays, and Public Holidays observed by District. The overtime inspection fee shall be fifty dollars ($50) per hour.

2) In order to comply with the regulations preventing the District from

extending credit, it is necessary that all overtime be paid for prior to performing overtime work. In order to expedite the overtime request, the following procedure will be followed:

The contractor will complete the request for special inspection

form and attach a check for the appropriate amount to cover the requested hours. The check should be made payable to the Triunfo Sanitation District. A receipt will be issued by the District or by the Inspector.

The contractor will notify the District ahead of time for the

special inspection to be done. If there is time, the request form and check is to be sent to the District’s office, if there is no time it may be handed to the Inspector immediately after the days work is finished. IN NO CASE IS OVERTIME WORK TO BEGIN UNLESS THE REQUEST FORM AND CHECK ARE IN THE DISTRICT OFFICE OR THE INSPECTOR’S POSSESSION.

The contractor may place a reserve fund with the District for the

purpose of drawing overtime fees. This would eliminate the need for writing a check each time.

ITEM # 8 45

No overtime can be worked for projects where the contractor or

developer are delinquent in their overtime reimbursement fees.

f. Closed Circuit Television Inspection. Closed circuit television inspection of sewer lines may be employed at the discretion of the Inspector and as discussed in Section 18-5 of the Rules and Regulations for the Sewage Collection System. The initial fee of such inspection shall be on the basis of fee schedule shown under Section 740. (Ord. No. TSD-45)

Section 730 – Industrial Waste Permit Fee. A fee shall be paid to the District for the issuance of an Industrial Waste Permit. All persons requiring an industrial waste discharge permit shall pay to the District a yearly permit fee of five hundred dollars ($500). The District Engineer shall be empowered to set forth in the Industrial Waste Permit, any additional testing, sampling, analysis, flow measures, or other activities as determined at the discretion of the District Engineer. Should the District or its agents perform required industrial wastewater sampling, analysis, review, flow measurements or other activities for an industrial user in excess of the conditions presented at the time of permit issuance or if such activity is necessary to ensure compliance with the conditions of the permit, said user shall be held responsible for all accrued costs. Section 740 – Deleted (May 22, 2018) Section 750 – Unusual Design Sewer Main Fee. A fee shall be paid to the District for the issuance of a Curved, Below Minimum Grade and Above Maximum Grade Sewer Main Permit. This fee shall be one dollar ($1) per foot between manholes where the infringement exists. This fee can also be assessed in lieu of replacement of a sewer line if it passes all the other tests required in the Rules and Regulations for the Sewage Collection System. Section 760 – Drop/Deep Manhole Fee. A fee shall be paid to the District for the issuance of Drop/Deep Manhole Fee Permit. This fee shall be five hundred dollars ($500) for drop manholes with a drop of five (5) feet or less. A fee of one hundred dollars ($100) for each additional one foot of drop will be assessed for drops greater than five (5) feet. Manholes over fifteen feet (15’) shall be assessed a one hundred dollar ($100) fee per foot over fifteen feet (15’). Section 770 – Contract and Bonds – Public Sewage Works Construction.

1. Contract. A written contract satisfactory to the District shall be submitted prior to the issuance of a permit to construct any public sewer or connection thereof.

2. Bonds. A Faithful Performance Bond and Materials & Labor Bond or

cash, each in the amount equivalent to the total estimated cost of the work, shall be furnished by the applicant to the District, prior to the issuance of any permit for public sewer construction. Such bond shall be secured by a surety bond or sureties satisfactory to the District. The

ITEM #846


Faithful Performance Bond, or cash deposit, shall be conditioned upon the full performance of all the terms and conditions of the Permit. It shall guarantee correction of faulty workmanship and replacement of defective materials for a period of one (1) year after date of acceptance of the work by the District.

3. Declaration of Restrictions. If any dwelling unit requires a backflow

prevention device, it will be necessary for the developer to record a “Declaration of Restrictions” absolving the District of any liability arising out of damage resulting from the failure of that backflow prevention device. A “Will Serve” letter will not be issued for a property requiring a backflow prevention device until this document has been recorded against the property.

4. Developer’s Agreement. If a Developer presents apartment unit

development plans for District approval which conform with existing City or County requirements for condominiums or townhouses and requests reduced apartment fee sewer connection rates, a “Developer’s Agreement” must be signed regarding payment of additional sewer connection fees at the time of the conversion of apartment units to either condominiums or townhouses. Any conversion of existing apartment units to condominium or townhouse units will be subject to the increased connection fees if at the time connection fees were calculated any discounted connection fee was granted based on the fact the units were designed as apartments.

Section 780 – Disposition of Fees. All fees collected or received by the District shall be deposited promptly with the proper authority as provided by the District to receive such funds. Section 790 – All Costs Paid by Owner. All costs and expenses incident to or arising out of the installation and connection of any sewer or other work for which a Permit is required, shall be at the expense of the owner. Section 800 – Owner to Indemnify District. The owner of any property shall indemnify the District from loss or damage directly or indirectly caused by the installation and connection of any sewer or other work for which a Permit is required. Section 810 – Outside Sewers. Permission to connect any lot or parcel of land outside the District to any public sewer under the jurisdiction of the District shall be granted by Permit. The applicant shall enter into a written contract satisfactory to the District whereby he shall bind himself, his heirs, successors, and assigns to abide by all Ordinances and Rules & Regulations regarding the use of such sewer, the connection, and the draining therewith. The applicant shall pay all permit fees and a monthly service charge set by the District for the use of such sewer. The granting of permission for sewer service for property outside the District shall be optional with the Board. Where special conditions exist relating to property located outside the District, a special contract as approved by the District shall be consummated between the applicant and the District.

ITEM # 8 47

Section 820 – Liability. The applicant shall be solely liable for any defects or failure during performance of the work or any failure which may develop therein. The District, its officers, agents and employees, shall not be answerable for any liability, death or injury to persons, or property damage due to, or arising out of, the performance of the work by the applicant. The applicant shall answer for and save the District, its officers, agents and employees from all liabilities imposed by law, including all costs, expenses, fees and interest incurred in seeking to enforce this provision.

ARTICLE X – ENFORCEMENT Section 830 – Time Limit – Permits. If the work granted by the Permit is not commenced within six (6) months from date of issuance, or is discontinued for a period of ninety (90) days after partial completion, the Permit shall be void. No further work shall be undertaken until a new permit has been secured by proper application. The work shall be completed within the calendar days for completion as specified by the new Permit. Section 840 – Violation. Any person found to be in violation of any provision of this or other Ordinance of the District, except Section 910, shall be served with written notice by the Engineer or other authorized representative. Such written notice shall state the nature of the violation and provide reasonable time limit for correction thereof. Said time limit shall not be less than two (2) nor more than seven (7) working days. Within the time period stated in the notice, all violations shall permanently cease. All persons shall be strictly liable for the acts of their agents and employees performed under the provisions of this or any other Ordinance or Rules & Regulations of the District. Upon notification by the Engineer of any defect arising in any sewer, or notification of any violation of this Ordinance, corrections shall immediately be effected by the person or persons in charge of said work. Section 850 – Public Nuisance. Continued habitation of any building, or continued operation of any industrial facility in violation of the provisions of this or any other Ordinance or Rules & Regulations, is hereby declared a public nuisance. Proceedings may be brought by the District to abate such nuisance during the period of violation. Section 860 – Disconnection. The alternate method of enforcing the provisions of this or any other Ordinance or Rules & Regulations of the District, shall be as follows: The Engineer shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the District. Upon disconnection, the Engineer shall estimate the cost of disconnection and reconnection. Such user shall deposit said estimated cost prior to reconnection to the system. The District shall refund any part of the deposit remaining after payment of the aforementioned costs. Section 870 - Public Nuisance Abatement. During the period of disconnection, human habitation of such premises shall constitute a public nuisance whereupon the District shall initiate proceedings for the abatement of said nuisance during the disconnection. Reasonable attorney’s fees and costs of suit of any action brought shall be paid the District as a condition precedent to reconnection.

ITEM #848


Section 880 – Means of Enforcement. The District declares the foregoing procedures are established as a means of enforcing the provisions of this and any other Ordinance or Rules & Regulations of the District, and not as a penalty. Section 890 – Misdemeanor. In accordance with the Health & Safety Code of the State of California, the violation of any Ordinance or Rules & Regulations of the District by any person is a misdemeanor punishable by fine not to exceed one hundred dollars ($100), imprisonment not to exceed one (1) month, or both. Each connection or occupancy in violation of the Ordinance or Rules & Regulations of the District shall be deemed a separate violation. Each and every day, or part of a day, in violation of the Ordinance or the Rules & Regulations, shall be deemed a separate offense hereunder and shall be punishable as such. Section 900 – Liability for Violation. The violation of any provision of this Ordinance, or Rules & Regulations of the District, by any person shall cause him to be liable to the District for any expense, loss or damage caused the District by reason of the violation.

ARTICLE XI – MISCELLANEOUS PROVISIONS Section 910 – Protection from Damage. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which constitutes a part of the District sewerage works. Any person in violation of this provision shall be subject to the penalties provided by law. Section 920 – Power and Authority of Inspectors. The Officers, Inspectors, Engineer, or any other duly authorized employee of the District, shall wear or carry an official badge of office, or other evidence, which establishes his position as such. Upon the exhibition of proper credentials and identification, he shall be permitted to enter into residential, commercial, institutional and industrial facilities for the purposes of inspection, observation, measurement, sampling, testing, or otherwise performing the necessary duties pursuant to the enforcement of the provisions of this or any other Ordinance or Rules & Regulations of the District. Section 930 – Severability. If any section, subsection, sentence, clause or phrase of this Ordinance, or the application thereof to any person is held to be invalid or unconstitutional, there shall be a presumption of validity or constitutionality to the remaining portions. The Board hereby declares that it would have passed this Ordinance or any section, subsection, sentence, clause or phrase herein, notwithstanding the invalidity or unconstitutionality of any part or portion thereof. Section 940 – Original Connection on Commencement of Operation of Sewage System. Notwithstanding any statement to the contrary herein, the owner of any building situated within the District, and under the terms of this Ordinance is required to connect such building to the proper public sewer, shall have sixty (60) days after such date as the Board shall proclaim that the District is ready to receive sewage into the District sewage system, to connect such building directly with the proper public sewer. Costs of such connection are to be at the expense of the owner.

ITEM # 8 49

Section 950 – Owner’s Responsibility. The owner shall be responsible for maintaining the side sewer from the building connection to the public sewer line connection. It is further understood that the owner shall be responsible for the installment, maintenance and operation of backflow preventers and clean-outs. Section 960. Repeal of Prior Inconsistent Ordinances. Any prior ordinances or portions of ordinances previously adopted by the District Board of Directors that are in conflict with this Ordinance are repealed as of the Effective Date of this Ordinance. PASSED, APPROVED AND ADOPTED this 22nd day of May 2018 by the following vote: AYES: NOES: ABSENT: TRIUNFO SANITATION DISTRICT ___________________________ Mike Paule, Chair ATTESTED: ____________________________________ Juliet Rodriguez, Clerk of the Board APPROVED AS TO FORM: ____________________________________ John Mathews, General Counsel

ITEM #850

TSD\218 Ord 200 Sewer Service Rate Notice

1

NOTICE OF MAY 22, 2018 PUBLIC HEARING

ON

PROPOSED RATE INCREASE FOR SEWER SERVICE FEES

NOTICE OF PUBLIC HEARING

Pursuant to Proposition 218 (California State Constitution Article XIIID) and the Proposition 218 Omnibus

Implementation Act (Government Code section 53750 et seq.), the Triunfo Sanitation District will conduct a Public

Hearing on Monday, May 22, 2018, on a proposed rate increase for sewer service fees effective July 1, 2018, for the

sewer service charge for fiscal years 2018-2020.

DATE, TIME, AND LOCATION OF THE PUBLIC HEARING

The Public Hearing will be held on Monday, May 22, 2018, at 5:15 p.m. at the Film & Lecture Room, Oak Park

Library, 899 North Kanan Road, Oak Park, California.

BASIS FOR THE PROPOSED RATE INCREASE FOR SEWER SERVICE MONTHLY FEES

The Triunfo Sanitation District is proposing increased monthly sewer service charges for the next two fiscal years to

provide sewer service to your property and other properties serviced by the District. As part of a 5-year plan, the

District previously approved a 6.5% increase for the next two fiscal years. Following a review of the District’s

Capital Improvement Plan (CIP) and a Board decision to fund a Pay-Go contribution for the Pure Water Project, staff

has determined that the District needs an additional 2.5% increase, above the currently approved 6.5%, to fund these

efforts. Rate increases for future years beyond the current proposed plan are yet to be determined. Ordinance No.

TSD-200 will increase the District’s monthly sewer service rates by 9.0% per equivalent residential unit (ERU) as

follows: Note: One ERU is equal to each group of 25 fixture units (or portion thereof)

SCHEDULE OF PROPOSED INCREASES TO SEWER SERVICE MONTHLY CHARGE

PROTEST REQUIREMENTS

Any affected property owner wishing to protest the proposed 2.5% additional increase in the sewer service

monthly charge must do so in writing (Email protests will not be accepted). Written protests must contain the

address or parcel number of the property. Written protests must be submitted in writing to the Clerk of the Board by

3:00 p.m. on Monday, May 22, 2018, at the following address: Triunfo Sanitation District, Attn: Clerk of the Board,

1001 Partridge Drive, Suite 150, Ventura, California, 93003-0704. Written protests will also be accepted at the May

22, 2018, Public Hearing provided they are received prior to close of that hearing. The additional 2.5% increase shall

not be imposed if the protests submitted, and not withdrawn, in opposition to the added increase exceed 50% plus

one of the District’s wastewater customers affected by the additional increase for the CIP projects.

IF YOU HAVE ANY QUESTIONS ON THE PROPOSED RATE INCREASE PLEASE CALL (805) 658-

4642.

Current Rate (per

ERU* per

month)

Proposed July 1,

2018 (per ERU

per month)

Proposed July 1,

2019 (per ERU

per month)

Category

Single Residential, Multiple Residential,

and Commercial $50.49 $55.03 $59.98

Apartment Units 40.38 44.01 47.97

Shopping Centers 89.65 97.72 106.51

Restaurants, Markets, and Mortuaries 116.14 126.59 137.98

ITEM # 8 51


ITEM #852


NOTICE OF PUBLIC HEARING AND ORDINANCE SUMMARY

NOTICE IS HEREBY GIVEN that the Triunfo Sanitation District will hold a Public Hearing prior to consideration of adopting Ordinance No. TSD-200 “Establishing and Regulating the Use of Public and Private Sewers and Drains; the Installation and Connection of Building Sewers, Sewer Laterals, and Sewer Main Extensions; Regulating the Discharge of Water and Waste Into the Public Sewer; and Providing for Permits, Fees, Penalties for all Violations Thereof.” A summary of Ordinance No. TSD-200 is published below. A complete copy of the proposed ordinance is available for examination during regular business hours in the District office of the Clerk of the Board, 1001 Partridge Drive, Suite 100, Ventura CA, and on the website www.triunfosanitation.com. The public hearing and action on the proposed ordinance has been set for Monday, May 22, 2018 at 5:15 p.m. in the Film and Lecture Room, Oak Park Library, 899 N. Kanan Road, Oak Park, CA. All persons interested in, or objecting to, adoption of said ordinance may then appear and be heard. Protests regarding the item must be made in writing addressed to Triunfo Sanitation District, 1001 Partridge Drive, Suite 150, Ventura, CA, 93003-0404, Attn: Juliet Rodriguez. Written protests will also be accepted at the May 22, 2018, Public Hearing provided they are received prior to close of that hearing. In compliance with the Americans with Disabilities Act, if you need special accommodation/assistance to participate in a District event, please call the California Relay Service TDD line at (800) 735-2929 or the Clerk of the Board at (805) 658-4642 at least 48 hours prior. Notification prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to participate. SUMMARY OF ORDINANCE NO. TSD-200: ESTABLISHING AND REGULATING THE USE

OF PUBLIC AND PRIVATE SEWERS AND DRAINS; THE INSTALLATION AND

CONNECTION OF BUILDING SEWERS, SEWER LATERALS, AND SEWER MAIN

EXTENSIONS; REGULATING THE DISCHARGE OF WATER AND WASTE INTO THE

PUBLIC SEWER; AND PROVIDING FOR PERMITS, FEES, PENALTIES FOR ALL

VIOLATIONS THEREOF.

Ordinance No. TSD-200 will increase the District’s monthly sewer service rates by 9.0% per equivalent residential unit (ERU) for to 9.0% for each year remaining in the current rate plan starting with FY 2018 through FY 2020 as follows:

Note: One ERU is equal to each group of 25 fixture units (or portion thereof).

Current Rate (per ERU* per month)

Proposed July 1, 2018 (per ERU

per month)

Proposed July 1, 2019 (per ERU

per month)

Category

Single Residential, Multiple Residential, and Commercial $50.49 $55.03 $59.98

Apartment Units 40.38 44.01 47.97

Shopping Centers 89.65 97.72 106.51

Restaurants, Markets, and Mortuaries 116.14 126.59 137.98

ITEM # 8 53

Ordinance No. TSD-200 will be effective July 1, 2018. Juliet Rodriguez, Clerk of the Board Publish on May 8 and May 15, 2018

ITEM #854



ORDINANCE NO. TSD-200

AN ORDINANCE OF THE TRIUNFO SANITATION DISTRICT ESTABLISHING AND REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS; THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, SEWER LATERALS AND SEWER MAIN EXTENSIONS; REGULATING THE DISCHARGE OF WATER

AND WASTE INTO THE PUBLIC SEWER SYSTEM; AND PROVIDING FOR PERMITS, FEES, AND PENALTIES FOR ALL VIOLATIONS THEREOF

The Board of Directors of the Triunfo Sanitation District of Ventura County, does ordain as follows:

TITLE This Ordinance shall be known as the “TRIUNFO SANITATION DISTRICT SANITARY SEWER ORDINANCE” and may be cited as such or as TSD-2TSD-200.

ARTICLE I – DEFINITIONS Section 10 – Apartment. “Apartment” shall mean a suite or set of rooms outfitted with housekeeping facilities and intended for occupancy as a dwelling unit. Section 20 – Board. “Board” shall mean the Board of Directors of District. Section 30 – Building. “Building” shall mean any structure used for human habitation, business, recreation, or other uses requiring sanitary facilities. Section 40 – Building Sewer. “Building sewer” shall mean that portion of any sewer which begins at the plumbing or drainage outlet of a building or industrial facility and runs to the property line or a private sewage disposal system. Section 50 – Commercial. “Commercial” shall mean a site or building used for the exchange or buying and selling of material goods or services and shall also mean a hotel or motel. Section 60 – Condominium. A “condominium” is an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate, with respect to the duration of its enjoyment, may be either (1) an estate of inheritance or perpetual estate, (2) an estate for life, or (3) an estate for years, such as a leasehold or a subleasehold.

55


Section 70 – Contractor. “Contractor” shall mean any individual, firm, partnership, association, or corporation currently licensed by the State of California to perform the type of work required by permit. Section 80 – District. “District” shall mean the Triunfo Sanitation District of Ventura County, California. “TSD” shall also mean the Triunfo Sanitation District of Ventura County, California, and the terms District and TSD may be used interchangeably. Section 90 – Domestic Sewage. “Domestic sewage” shall mean the waterborne wastes derived from ordinary living processes, free from commercial, institutional or industrial wastes, and of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private sewage disposal system. Section 100 – Engineer. “Engineer” shall mean the District Engineer or his appointed representative, who shall administer and enforce all provisions of this Ordinance. Section 110 – Equivalent Residential Unit. “Equivalent Residential Unit” or “ERU” shall mean a unit of measurement for the quantity and quality of sewage which is equivalent to domestic sewage originating in a single residential unit. One ERU is less than or equal to an average of 250325 gallons per day per year of domestic sewage discharge. One ERU is also equal to 25 fixture units or less based on the number of fixture units as assigned to various plumbing fixtures in the Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO). Should a conflict arise between the flow and fixture unit definitions, the most restrictive definition shall apply. Section 120 – House Lateral Sewer. “House lateral sewer” shall mean that portion of a public sewer within a public way or easement which connects a building sewer to the main sewer. Section 130 – Industrial. “Industrial” shall mean any site, structure, building or works which is, or which is designed to be, used for the manufacture, processing, or distribution of materials, equipment, supplies, food or commodities of any description; or which is used or designed to be used as a sanitarium, hospital, penal institution, or charitable institution; together with all appurtenances thereto and the surrounding premises under the same ownership or control. Section 140 – Industrial Waste. “Industrial waste” shall mean any and all commercial, institutional or industrial waste substances, liquid or solid, except domestic sewage and including, but not limited to, radioactive wastes and explosives, noxious, toxic or corrosive gases or liquids when present in the sewerage system. Section 150 – Institutional. “Institutional” shall mean any educational institution supported by state or local taxes. Section 160 – Main Sewer. “Main sewer” shall mean a public sewer which is designed to accommodate more than one lateral sewer.

ITEM #856


Section 170 – Mobile Dwelling Unit. “Mobile Dwelling Unit” shall mean a dwelling unit intended to be moved from site to site on wheels that are part of the unit and having dimensions longer than forty (40) feet and wider than eight and one-half (8.5) feet. Section 180 – Multiple Residential. “Multiple residential sewer connection” shall mean a sewer to serve more than one single family residence. Section 190 – Permit. “Permit” shall mean any written authorization required pursuant to this Ordinance or any other rules or regulations of the District for the installation or connection of any sewage works. Section 200 – Person. “Person” shall mean any human being; individual; firm; company; partnership; association; private, municipal, or public corporation; the United States of America; the State of California; districts; and all political subdivisions, governmental agencies, and subsidiaries thereof. Section 210 - Private Sewer. “Private sewer” shall mean a sewer serving an independent sewage disposal system not connected with a public sewer; for example, a septic tank system. Section 220 – Public Sewer. “Public sewer” shall mean a sewer lying within a public way or assessment under the jurisdiction of the District. Section 230 – Rules & Regulations. “Rules & Regulations” shall mean specific rules and/or regulations adopted by a Resolution of the Board to establish specific guidance and limitations on how a portion of the District’s operating procedures are to be handled. Said Rules & Regulations shall not conflict with this or any other Ordinance of the District. Section 240 – Sanitary Sewer. “Sanitary sewer” shall mean a sewer to which storm, surface, and ground waters are not intentionally admitted. Section 250 – Sewage. “Sewage” shall mean any combination of water-carried wastes from a residence, a business, or an institutional or industrial establishment. Section 260 – Sewage Treatment Plant. “Sewage treatment plant” shall mean any devices, facilities or structures used for the treatment of sewage. Section 270 – Sewage Works. “Sewage works” shall mean all facilities for the collection, transportation, storage, pumping, treatment, reclamation, and disposal of sewage. Section 280 – Sewer. “Sewer” shall mean any pipe or conduit for the transportation of sewage. Section 290 – Sewer Connection Fee. “Sewer connection fee” shall mean a fee to obtain permission to connect to the District sewer, to have flow capacity rights, and to use the trunk sewer, sewage treatment facilities and appurtenances, provided that the District’s prevailing service charges have been paid.

57


Section 300 – Sewer Service Charge. “Sewer Service Charge” shall mean the fee the District charges each of its customers for the privilege of using the sewage works of the District. Section 310 – Side Sewer. “Side sewer” shall mean the sewer line which begins at the foundation wall of a building and terminates at the main sewer and includes both the building and house lateral sewer. Section 320 – Single Residential. “Single residential sewer connection” shall mean a sewer to serve a single family residence. Section 330 – Street. “Street” shall mean any public highway, road, street, avenue, alley, way, public place, public easement, or right-of-way. Section 340 – Trailer. “Trailer” shall mean a mobile dwelling unit where either or both of the dimensions are smaller than those defining a mobile dwelling unit.

ARTICLE II – GENERAL PROVISIONS Section 350 – Application. This Ordinance is intended to provide for the use, maintenance, installation and construction of all sanitary sewer facilities hereinafter installed, altered, or repaired within the District. This Ordinance shall have no retroactive effect. Section 360 – Violation, Unlawful. It is unlawful for any person to connect to, construct, install or provide, maintain and/or use any other means of sewage disposal from any building in said District, except by connection to a public sewer in the manner provided by this Ordinance. Where the cost of providing sewer service to any lot, parcel or building within the District would cause an undue hardship on the District, the District reserves the right to delay sewer service to said lot, parcel or building until such time as the District is financially able to provide such service. Section 370 – Relief on Application. When any person, due to special circumstances, considers any provision of this Ordinance to be unjust or inequitable as applied to his premises, he may make a written application to the Board requesting suspension as to his premises. Such application shall state the special circumstances and the pertinent provision shall be cited. The Board may make a motion to suspend or modify the provision complained of, said suspension or modification to be effective as to the date of the application, and to be continued during the period of such special circumstances. Section 380 – Relief on Own Motion. The District, on its own motion, may find, due to special circumstances, that a provision of this Ordinance should be suspended or modified as applied to particular premises. It may make a motion to order suspension or modification to all or part of such premises during the period of such special circumstances. Section 390 – District Inspector. The District may employ a qualified person or persons to inspect the installation, connection, maintenance and use of all side sewers, public and private sewers, and all facilities in connection with said District.

ITEM #858


Section 400 – Permits and Fees. No public or side sewer, or sewerage facility shall be installed, altered, or repaired within the District until a permit has been obtained from the District, and appropriate fees paid in accordance with this Ordinance.

ARTICLE III – PUBLIC SEWER USE Section 410 – Waste Disposal. It shall be unlawful for any person to place, deposit, or permit the deposit in an unsanitary manner upon public or private property within the District, or in any area within the jurisdiction of the District, any human excrement or other objectionable waste. Chemical toilets on construction sites, however, may be used during the construction period. Section 420 – Treatment of Waste. It shall be unlawful to discharge into any drainage conduit, stream or watercourse any sewage, industrial waste, or other polluted waters. Section 430 – Unlawful Disposal. Except as provided herein, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, sewage pit or other facility intended for the disposal of sewage. Section 440 – Occupancy Prohibited. No building, structure or other facility shall be occupied until the owner of the premises has complied with the provisions of this Ordinance. Section 450 – Sewer Required. Any building or structure located on property which abuts any easement or right-of-way in which there is a present or planned public sewer of the District shall, at the expense of the owner of said building or structure, and in accordance with the provisions of this Ordinance, be connected to the public sewer, provided that said public sewer is within two hundred (200) feet of the property line of the building site or structure; and that said building or structure is not in excess of four hundred (400) feet from the District sewer. Said sewer connection shall be completed within sixty (60) days following receipt of official notification to proceed.

59


ARTICLE IV – PRIVATE SEWER DISPOSAL Section 460 – Sewer Unavailable. Where a public sewer is unavailable under Section 450, the building sewer shall connect to a private sewage disposal system complying with the provisions of the Ventura County, or appropriate city, Building & Safety Department, as well as the appropriate Public Health Official or any Rules & Regulations of the District and shall not serve more than one parcel of land. Section 470 – Permits. Prior to commencement of the construction of a private disposal system, the owner shall obtain a written permit signed by the Engineer. The application for such permit shall be made on a form supplied by the District. The application shall be supplemented by any plans, specifications or further information requested by the Engineer. A permit, plan check and inspection fee shall be paid to the District concurrently with the filing of the application in accordance with this Ordinance. The permit for the installation of a private sewage disposal system shall not be effective until the installation is completed to the satisfaction of the Engineer. Section 480 – Maintenance Cost. The owner shall operate and maintain private sewage disposal facilities in a sanitary manner, at his own cost and without expense to the District. The District shall have no liability to the owner or any third party relative to the operation and maintenance of the private sewage disposal facilities or the lack of any such operation and maintenance. Section 490 – Other Requirements. The statements contained in this Article shall not be construed to interfere with the requirements imposed by any other law, ordinance, statute, or directives of the appropriate Health Officer having jurisdiction.

ITEM #860


ARTICLE V – SEWER SERVICE CHARGE Section 500 – Sewer Service Charge. A sewer service charge shall be paid to the District by the District’s sewer service customers in accordance with the following schedule:





separate billing address, whichever is greater. (TSD-29, TSD-32, TSD-38, TSD-41, TSD-48, TSD-53, TSD-61, TSD-65)

$50.49 $55.03 $59.98


$50.49 $55.03 $59.98


$40.38 $44.01 $47.97


$40.38 $44.01 $47.97

Future Annual Adjustment

FY2016 FY2017 FY2018 FY2019 FY2020


July 1, 2015 (per

ERU per month)


July1, 2017 (per ERU per month)




separate billing address, whichever is greater. $41.80 $44.52 $47.41 $50.49 $53.77 $57.27

61


(TSD-29, TSD-32, TSD-38, TSD-41, TSD-48, TSD-53, TSD-61, TSD-65)


$41.80 $44.52 $47.41 $50.49 $53.77 $57.27


$33.44 $35.61 $37.92 $40.38 $43.00 $45.80


$33.44 $35.61 $37.92 $40.38 $43.00 $45.80

ITEM #862







$50.49 $55.03 $59.98


$89.65 $97.72 $106.51


$116.14 $126.59 $137.98


Individual Case

Individual Case

Individual Case


Individual Case

Individual Case

Individual Case

63


Future Annual Adjustment

FY2016 FY2017 FY2018 FY2019 FY2020




July1, 2017 (per ERU per month)





$41.80 $44.52 $47.41 $50.49 $53.77 $57.27


$74.22 $79.04 $84.18 $89.65 $95.48 $101.69


$96.14 $102.39 $109.05 $116.14 $123.69 $131.73


Individual Case

Individual Case

Individual Case

Individual Case

Individual Case

Individual Case


Individual Case

Individual Case

Individual Case

Individual Case

Individual Case

Individual Case

ITEM #864


Section 501 – Findings. The TSD Board of Directors finds the foregoing fees and charges are for the purpose of (1) meeting operating expenses, including but not limited to the District’s operations, maintenance and management contract; (2) purchasing or leasing supplies, equipment and materials; (3) meeting financial reserve needs and requirements; (4) obtaining funds for constructing and maintaining water facilities necessary to maintain service within existing areas; (5) improvements and repairs; and (6) debt service and refunds. The TSD Board of Directors further finds that the passage of this ordinance does not increase the District’s sewer service fees and charges and, therefore, does not require that the District’s compliance with certain procedural requirements of Article XIII D of the California Constitution (enacted by Proposition 218, November 6, 1996 Statewide election). The TSD Board of Directors further finds that the foregoing fees and charges (1) do not exceed the funds required to provide the service; (2) are not used for any purpose other than that for which they are imposed; (3) as imposed upon any parcel or person as an incident of property ownership, do not exceed the proportional cost of the service attributable to the parcel; and (4) are imposed only for service that is actually used by, or immediately available to, the owner of the property in question. Recitals in any ordinance amending Article V of Ordinance No. TSD-2TSD-200 shall be adopted as findings incorporated by reference in Article V, Section 501 of Ordinance No. TSD-2TSD-200. (TSD-65) Section 502 – Fee Review Period. On or about January 1 of each year, the District Manager is hereby empowered and shall review the estimated cost of providing the services described in Ordinance No. TSD-2TSD-200, Article V and the impact of any pending or anticipated changes in the service level. This District Manager shall report these findings to the Board of Directors at a duly noticed public hearing and recommend any adjustment to this fee or other action that may be required. (TSD-65) Section 503 – Repeal. Any prior District ordinances or other actions inconsistent with Article V of Ordinance No. TSD-2TSD-200 as amended by Ordinance No. TSD-65 are hereby repealed. (TSD-65) Section 504 – Effective Date. Any amendments to Ordinance No. TSD-2TSD-200, Article V, shall take effect with the first full billing cycle after adoption. (TSD-65) Section 510 – Method of Collection. 1. Initial Connection to the Public Sewer. When sewer connections covered by a

permit issued pursuant to Section 530 of this Ordinance have been installed and approved in accordance with District Ordinances and Rules & Regulations, the sewer service charges for the connections covered by said permit shall be as follows:

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a. If said connections are completed after the first Monday of May and prior to the first day of July of any calendar year, the sewer service charges shall become owing, due and payable in advance for the remainder of the fiscal year in which said connections are completed and for the next succeeding fiscal year. Such sewer service charge for the remainder of the fiscal year in which connections are completed shall be computed by prorating the annual charge from the first day of the calendar month following the date of such completion to the end of the fiscal year.

b. If said connections are completed on or after the first day of July of the

succeeding calendar year, the sewer service charge shall become owing, due and payable in advance for the remainder of the fiscal year in which said connections are completed. Such sewer service charge shall be computed by prorating the annual charge from the first day of the calendar month following the date of such completion to the end of the fiscal year.

c. The above Sections 510-1(a) and 510-1(b) shall not apply to connections to

serve nontaxable entities. The sewer service charges for these accounts shall be collected on a bimonthly basis in the manner set forth in Section 23 of the Rules and Regulations for the Sewage Collection System adopted by the Board of Directors of the District.

d. If said connections are to serve “Outside-of-District” accounts or accounts on

which the charges are based on unusual flow and/or waste characteristics, the above Sections 510-1(a) and 510-1(b) may be waived, at the option of the District Engineer. If these sections are waived, the sewer service charges shall be collected on a bimonthly basis in the manner set forth in Section 23 of the Rules and Regulations for the Sewage Collection System adopted by the Board of Directors of the District.

e. Any unpaid portion of the said sewer service charges, except for accounts

exempted from this method of collection, shall constitute a lien against the respective property on which is located the residence, building or facility for which said sewer service charge was imposed.

2. Sewer Connections Existing on the First Monday of May of any Calendar Year.

(Ord. TSD-29)

a. Pursuant to Section 5473 of the Health & Safety Code of the State of California, the sewer service charge for any sewer service connections existing on the first Monday of May of any calendar year for any lot, building or parcel of land shall be collected on the tax roll in the same manner, by the same persons, and at the same time as, together with, and not separately from, the general taxes. (Ord. TSD-29)

b. Any unpaid sewer service charge shall become delinquent at the same time as

all other taxes and shall constitute a lien against the respective property on which is located the residence, building or facility for which said sewer service charge was imposed.

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c. Sewer service charges for nontaxable entities are exempted from this method

of collection. Charges for “Outside-of-District” accounts and for accounts on which the charges are based on unusual flow and/or waste characteristics may be exempted from this method of collection at the option of the District Engineer. Sewer service charges for any accounts exempted from this method of collection shall be collected on a bimonthly basis in the manner set forth in Section 23 of the Rules and Regulations for the Sewage Collection System adopted by the Board of Directors of the District.

d. The method of collecting sewer service charges on the tax roll is an alternative

to other methods of collection specified elsewhere in this Ordinance. 3. Sewer Connections on New Apartment Occupied Units. A new apartment unit’s

occupancy-factor shall be calculated for the first year, in accordance with prior district experience, on a scale from zero to full occupancy over a one year period, per the table below. As the factor is calculated and set, the precise charge for the time from first occupancy until the next June 30 shall be direct billed and subject to normal penalties for nonpayment. The balance of the initial one year occupancy period shall be calculated and placed on the next year’s tax rolls, along with an amount equal to full occupancy, prorated for the balance of the tax year. After the initial one year period, apartment complexes will be calculated the same as single family residential properties, and shall be charged for full occupancy, even if there is less than full occupancy. There shall be no further credits for vacancies after the initial one year period.

New Apartment Occupancy Factor Table

Month 1 2 3 4 5 6 7 8 9 10 11 12 Ratio: 8% 17% 25% 33% 42% 50% 58% 67% 75% 83% 92% 100%

(TSD-27) Section 520 – Adjustments to Sewer Service Charges. While unanticipated, from time-to-time there may be shortfalls in revenues from sewer connection fees necessary to finance payments on revenue bonds, certificates of participation or general obligation bonds issued after January 1, 1980. If that is the case, sewer service charges may be increased to make up such shortfalls. If sewer service charges are so increased and, if revenues from sewer connection fees or other revenues thereafter exceed the amounts necessary to finance the payments on such debt instruments, that excess shall be used to reduce the sewer service charges in an amount equal to the above-mentioned increase. Section 525 – Penalties for Nonpayment and Collection. All fees and charges made or assessed under the provisions of this Ordinance are due and payable 15 days from the mailing date of the billing document and shall become delinquent 15 days thereafter. Delinquent amounts shall be subject to a penalty. (TSD-27)

a. Penalty Application. The penalties described herein shall be applied to accounts with direct billing only. The usual penalty applied by the Auditor-Controller/Tax Collector’s office shall be applied to unpaid property tax bills,

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where the fees and charges have been placed on the tax rolls for collection. The extraordinary penalties described herein shall not be applied to unpaid property tax bills.

b. Penalty Initial Amount. For apartment complexes, commercial and industrial

accounts with direct billing, there shall be an initial penalty charge equal to 10% of the unpaid balance. Single family residential accounts with direct billing will incur a penalty charge of 1.5%.

c. Penalty Ongoing Amount. Balances of all accounts plus any initial penalty

charge which remains unpaid at the end if the next regular billing period shall incur additional penalty charges of one and one-half percent (1.5%) per month on the unpaid balance until paid. Continued nonpayment will result in the unpaid amounts, plus any collection costs to the district, being added to the tax rolls for collection during the next tax year.

ARTICLE VI – BUILDING SEWERS, LATERALS AND CONNECTIONS

Section 530 – Permit. Prior to construction of a building sewer, lateral sewer, or any connection with a public sewer, a written Permit shall be obtained, and all fees and connection charges paid in accordance with the provisions of this Ordinance. Section 540 – Construction Requirements. The requirements of the District and this Ordinance shall govern the construction of building and lateral sewers. Specific requirements shall be set by resolution of the District in a format known as the Rules and Regulations for the Sewage Collection System. Section 550 – Separate Sewers. Except as provided in Section 560 for condominium projects, no two adjacent lots fronting on the same street shall be permitted to join in the use of the same side sewer, and every building or industrial facility shall be separately connected with a public sewer if such sewer is available. However, one or more buildings located on property belonging to the same owner may be served with the same side sewer during the period of said ownership. The District shall render a single bill to the property owner, or applicant of record, which shall include the sewer service charge for the entire property. Upon subsequent subdivision and sale of the portion of a lot, that portion not directly connected with a public sewer shall be separately connected with the public sewer. It shall be unlawful for the owner to continue to use of or to maintain such indirect connection. Section 560 – Condominium Projects. In condominium projects, two or more units of the condominium may, at the option of the District Engineer, be permitted to join in the use of the same side sewer. The responsibility for maintenance of such side sewer shall be as defined in Section 950 of this Ordinance.

ARTICLE VII – PUBLIC SEWER CONSTRUCTION Section 570 – Subdivisions. Prior to the approval by the District of any final subdivision map, the requirements of all Sections in Article IX of this Ordinance shall be fully complied with. Said map shall provide for dedication for public use of all streets, easements or

ITEM #868


rights-of-way in which public sewer lines are to be constructed. The developer shall construct the sewers in the subdivision or tract in accordance with District standards, and shall thereupon offer to dedicate said public sewers to the District. In accordance with the Rules and Regulations for the Sewage Collection System of the District, developers, property owners, and/or other applicants for service may be required to oversize sewerage facilities to serve adjacent areas. Section 580 – Incomplete Construction. If the map as provided for in Section 570 of this Ordinance is recorded, and the sewer construction of the tract is not completed within the time limit granted by permit, the District may extend the time limit, or may complete the work and take appropriate action to enforce the provisions of the bond furnished by the subdivider. Section 590 – Easements or Rights-of-Way. Where an easement is required for the extension of the public sewer or a connection thereof, an acceptable easement or right-of-way shall be procured by the applicant and shall be dedicated to the District. Such easement or right-of-way shall be legally sufficient in form, and approved by the Engineer prior to the laying and maintenance of such extension or connection. Section 600 – Persons Authorized. Public sewer construction within the District shall be performed by authorized contractors, currently licensed by the State of California or by the District. All terms and conditions of the District Permit shall be binding on the contractor. The requirements of this section shall also apply to side sewers installed concurrently with public sewer construction.

ARTICLE VIII – USE OF PUBLIC SEWERS Section 610 – Types of Wastes Prohibited. No person shall knowingly discharge or deposit or allow the discharge or deposit into District sewers, solids or fluids which create nuisances, such as odors; are a menace to public health; or are detrimental to the functioning of said sewers or to the treatment processes and/or disposal facilities of the District. The specific rules and regulations to implement this prohibition shall be set by Resolution of the District in a format known as the Rules and Regulations for Sewage Disposal. Said Rules and Regulations shall set limitations on certain wastes and discharges into the District sewers and provide for a system of industrial permits, wastewater monitoring and self reporting.

ARTICLE IX – PERMITS AND FEES Section 620 – Permit Required. No unauthorized person shall uncover, connect with, or open into, use, alter, or disturb any public sewer or appurtenance, or perform work on any drainage system without first obtaining written permit from the District. Evidence shall be posted at the work site or otherwise made available upon demand of any District authorized representative. Section 630 – Application for Permit. Any person legally entitled to apply for and receive a Permit may make application to the District. The location, ownership, occupancy and use of the premises, and a description of the proposed nature of the work to be performed

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shall be provided by the applicant. Specifications, plans, drawings and other information shall be supplied to the Engineer as deemed necessary. Section 640 – Permit Compliance. Approval of the application for a permit is evidenced by the issuance of a Permit. Thereafter, no change shall be made in the location of the sewer, the grade, materials or other details described in the Permit or as shown on the approved plans and specifications, unless prior written permission is obtained from the District, the Engineer, or other authorized representatives. Until the connections covered by the issued Permit have been installed and approved in accordance with District Ordinances and Rules & Regulations, no residence, building or facility to be served by said connections shall be allowed to discharge sewage to the public sewer. Section 650 – Agreement. The signature of the applicant on an application for a Permit as set forth in Section 660 of this Ordinance, shall constitute an agreement to comply with all provisions, terms and requirements of this Ordinance. The signature shall constitute an agreement to comply with the approved plans and specifications and any further corrections or modifications as may be required by the District. Such agreements shall be binding upon the applicant and may be modified by the District after the receipt and consideration of a written request for modification submitted by the applicant. Section 660 – Permit Classes. There shall be six (6) classes of permits:

A. Single Residential Lot Sewer Permit. B. Multiple Residential, Institutional, Commercial, Miscellaneous Sewer Permit.

C. Industrial Sewer Permit.

D. Private Sewage Disposal Permit.

E. Subdivision Final Map or Parcel Map Sewer Permit.

F. Reclaimed Water Permit.

Section 670 – Annexation Fees. The owner or owners of lands within areas to be annexed to the District shall, upon annexation to the District, pay an amount determined by adding up for each of the past ten (10) years the District’s numerical tax rates for bonded indebtedness multiplied by each year’s assessed valuation of the real property to be annexed as shown on the official tax rolls of the County of Ventura. Upon annexation, this Ordinance and all Rules & Regulations of the District shall apply and be complied with in the manner provided. Section 680 – Sewer Connection Fee. Sewer connection fees, as set forth in Section 690, shall be paid in full prior to final approval of any Subdivision, Planned Development, Special Use Permit, Building Permit, and/or prior to the commencement of any work necessary to furnish sewer service to any residence, building or parcel. However, in a case where an individual owns a parcel of land larger than ten acres in size, but desires sewer service for only a small portion thereof, and if the District is

ITEM #870


financially able to do so, it may, at its sole option, collect sewer connection fees for only that portion of the parcel that is to be developed as shown on Subdivision, Planned Development, or Special Use Permit improvement plans. At such time as further development of the parcel occurs, the then applicable sewer connection fees shall be paid for the remainder. Said sewer connection fee shall be in accordance with the rate effective on the date of the most recent final approval and/or the commencement of the necessary work, whichever is later. Notwithstanding any other provision of the Ordinance, the following provisions are controlling:

a. Sewer connection fees paid on or after November 27, 1980, shall be considered paid in full for 18 months following the date of payment. Following the expiration of the 18 month period, the entire amount of the then required sewer connection fee shall be paid in full, with credit being given for any amount previously paid.

b. Sewer connection fees paid prior to November 27, 1980 shall be considered

paid in full until May 27, 1982. After May 27, 1982, the entire amount of the ten required sewer connection fee shall be paid in full, with credit being given for any amount previously paid.

Section 690 – Amount of Sewer Connection Fee. The following names are established for the purpose of identifying service areas for use in establishing and collecting connection charges:

a. “Bell Canyon Assessment” shall mean all areas within the general area known as Bell Canyon and also identified in the Engineer’s Report for Bell Canyon Sewer Assessment District No. 85-1 as benefiting unimproved lots.

b. “Joint Venture” shall mean all areas within the District which do not qualify

under subsection a above. The fee for connecting each Equivalent Residential Unit (ERU) to the facilities of the District shall be in accordance with fee prescribed in District ordinance or resolution.the following schedule: Joint

Venture Area

Bell Canyon Assessment Area

Date of Connection Until July 31, 1989 $5,300 $1,350 August 1, 1989 to June 30, 1990 $5,500 $1,400 July 1, 1990 to June 30, 1991** $5,650 $1,425 July 1, 1991 to June 30, 1992* $6,000 $1,500 July 1, 1992 to June 30, 1993* $6,075 $1,525

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July 1, 1993 to June 30, 1994* July 1, 1994 to June 30, 1995* July 1, 1995 to June 30, 1996* July 1, 1996 to June 30, 1997* July 1, 1997 to June 30, 1998* July 1, 1998 to June 30, 1999* July 1, 1999 to June 30, 2000* July 1, 2000 to June 30, 2001* July 1, 2001 to June 30, 2002* July 1, 2002 to June 30, 2003* July 1, 2003 to June 30, 2004* July 1, 2004 to June 30, 2005* July 1, 2005 to June 30, 2006* July 1, 2006 to June 30, 2007* July 1, 2007 to June 30, 2008* July 1, 2008 to June 30, 2009* July 1, 2009 to June 30, 2010* July 1, 2010 to June 30, 2011* July 1, 2011 to June 30, 2012* July 1, 2012 to June 30, 2013* July 1, 2013 to June 30, 2014* July 1, 2014 to June 30, 2015* July 1, 2015 – June 30, 2016*

$6,225 $6,225 $6,725 $7,225 $7,725 $8,225 $8,500 $8,525 $8,525 $8,675 $8,850 $9,425 $9,800 $10,150 $10,525 $10,525 $10,525 $10,525 $10,525 $10,525 $10,525 $12,200 $12,525

$1,550 $1,550 $1,600 $1,625 $1,650 $1,675 $1,725 $1,725 $1,725 $1,875 $1,925 $2,050 $2,125 $2,200 $2,275 $2,275 $2,275 $2,275 $2,275 $2,275 $2,275 $2,650 $2,725

*Values determined per Section 700 and reported here for convenience. ** Fee went into effect August 1991 instead of July 1991 Section 700 – Adjustment of Sewer Connection Fee. Commencing on July 1, 1990 and continuing thereafter on each July 1, the sewer connection fee set forth above shall be adjusted by an increment based on the March to March percentage change in the Construction Cost Index for the Los Angeles area published in the McGraw-Hill construction weekly magazine titled “ENR,” and rounded to the nearest twenty-five dollars ($25). However, the Board may at its sole option determine, by resolution adopted prior thereto, that such adjustment shall not be effective for the next succeeding years, or may determine other amounts as appropriate based upon the capital expenditure needs of the District. Section 710 – Public Sewer Plan Check Fee. When sewer plans are first submitted, a fee shall be paid to the District for all public sewer construction plan checking. Plan check fees shall be based on the following rates:

a. Plan check fees per connection to the public sewer, shall be computed on the following schedule:


cost of public sewer improvements to be constructed, as computed from Plate No. 1 – Unit Cost for Estimating.

ITEM #872


2) Under no circumstances shall refund of the above fee be made after the District has started processing of the plans.

b. Plans Resubmitted After Developer’s Change Orders: The minimum plan

check fee shall be one hundred dollars ($100) per sheet of the improvement plans.

c. Subdivision Final Map or Parcel Map Sewer Improvement Plan: For the

public sewer improvements required to be constructed as a condition of approval by the Governing Code of a final tract or parcel map, the following fee shall be paid to the District for the public sewers to be constructed in a public dedicated street or in a sewer easement or right-of-way dedicated to the District.


cost of public sewer improvements to be constructed. 2) Under no circumstances shall refund of the above fee be made after

the District has started processing of the plans. (Ord. No. TSD-45) Section 720 – Public Sewer Construction Inspection Fee. A fee shall be paid to the District for all public sewer construction inspection. Sewer construction inspection fees shall be based on the following rates:

a. The public sewer construction inspection fee for residential, commercial, industrial, institutional, or miscellaneous developments shall not be less than two hundred and fifty ($250) per connection to the public sewer and shall be computed on the following basis:

1) A fee of five percent (5%) of the first one hundred thousand dollars

($100,000) of public sewer improvement costs as estimated by the District Engineer.

2) A fee of three and one-half percent (3-1/2%) of the above one

hundred thousand dollars ($100,000) of estimated public sewer improvement costs.

b. Subdivision of Final Map or Parcel Map Sewer Improvements. For the

public sewer, the construction inspection fee shall be on the basis of fee schedule shown under Section 720(a).

c. Private Sewage Disposal System Construction Inspection. The fee shall be

equal to five percent (5%) of the system construction costs as estimated by the District Engineer.

d. Inspection Fee for Special Situations. Construction inspection fees for

special situations as determined by the District Engineer, such as inspections for sewage lift stations or drop manholes, shall be on the basis of the fee schedule shown under Section 720(a).

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e. Inspectors Overtime Procedure. Any special inspection outside the usual

inspection hours, the following procedure will be followed:

1) There will be a minimum one (1) hour charge during normal work days and four (4) hours minimum during Saturdays, Sundays, and Public Holidays observed by District. The overtime inspection fee shall be fifty dollars ($50) per hour.

2) In order to comply with the regulations preventing the District from

extending credit, it is necessary that all overtime be paid for prior to performing overtime work. In order to expedite the overtime request, the following procedure will be followed:

The contractor will complete the request for special inspection

form and attach a check for the appropriate amount to cover the requested hours. The check should be made payable to the Triunfo Sanitation District. A receipt will be issued by the District or by the Inspector.

The contractor will notify the District ahead of time for the

special inspection to be done. If there is time, the request form and check is to be sent to the District’s office, if there is no time it may be handed to the Inspector immediately after the days work is finished. IN NO CASE IS OVERTIME WORK TO BEGIN UNLESS THE REQUEST FORM AND CHECK ARE IN THE DISTRICT OFFICE OR THE INSPECTOR’S POSSESSION.

The contractor may place a reserve fund with the District for the

purpose of drawing overtime fees. This would eliminate the need for writing a check each time.

No overtime can be worked for projects where the contractor or

developer are delinquent in their overtime reimbursement fees.

f. Closed Circuit Television Inspection. Closed circuit television inspection of sewer lines may be employed at the discretion of the Inspector and as discussed in Section 18-5 of the Rules and Regulations for the Sewage Collection System. The initial fee of such inspection shall be on the basis of fee schedule shown under Section 740. (Ord. No. TSD-45)

Section 730 – Industrial Waste Permit Fee. A fee shall be paid to the District for the issuance of an Industrial Waste Permit. All persons requiring an industrial waste discharge permit shall pay to the District a yearly permit fee of five hundred dollars ($500). The District Engineer shall be empowered to set forth in the Industrial Waste Permit, any additional testing, sampling, analysis, flow measures, or other activities as determined at the discretion of the District Engineer. Should the District or its agents perform required

ITEM #874


industrial wastewater sampling, analysis, review, flow measurements or other activities for an industrial user in excess of the conditions presented at the time of permit issuance or if such activity is necessary to ensure compliance with the conditions of the permit, said user shall be held responsible for all accrued costs. Section 740 – Deleted (May 22, 2018)Sewer Main Lift Station Fee. A fee shall be paid to the District for the issuance of a Sewer Main Lift Station Permit. This fee shall be ninety thousand dollars ($90,000) for lift stations with ten horsepower (10 hp) pumps or smaller. For larger stations, a fee of two thousand dollars ($2,000) per horsepower over 10 hp shall be assessed. In addition, the District will require the developer of a tract to be served by the lift station to make provisions to assess the property owners of the tract for the additional costs for operation and maintenance of the lift station(s). Section 750 – Unusual Design Sewer Main Fee. A fee shall be paid to the District for the issuance of a Curved, Below Minimum Grade and Above Maximum Grade Sewer Main Permit. This fee shall be one dollar ($1) per foot between manholes where the infringement exists. This fee can also be assessed in lieu of replacement of a sewer line if it passes all the other tests required in the Rules and Regulations for the Sewage Collection System. Section 760 – Drop/Deep Manhole Fee. A fee shall be paid to the District for the issuance of Drop/Deep Manhole Fee Permit. This fee shall be five hundred dollars ($500) for drop manholes with a drop of five (5) feet or less. A fee of one hundred dollars ($100) for each additional one foot of drop will be assessed for drops greater than five (5) feet. Manholes over fifteen feet (15’) shall be assessed a one hundred dollar ($100) fee per foot over fifteen feet (15’). Section 770 – Contract and Bonds – Public Sewage Works Construction.

1. Contract. A written contract satisfactory to the District shall be submitted prior to the issuance of a permit to construct any public sewer or connection thereof.

2. Bonds. A Faithful Performance Bond and Materials & Labor Bond or

cash, each in the amount equivalent to the total estimated cost of the work, shall be furnished by the applicant to the District, prior to the issuance of any permit for public sewer construction. Such bond shall be secured by a surety bond or sureties satisfactory to the District. The Faithful Performance Bond, or cash deposit, shall be conditioned upon the full performance of all the terms and conditions of the Permit. It shall guarantee correction of faulty workmanship and replacement of defective materials for a period of one (1) year after date of acceptance of the work by the District.

3. Declaration of Restrictions. If any dwelling unit requires a backflow

prevention device, it will be necessary for the developer to record a “Declaration of Restrictions” absolving the District of any liability arising out of damage resulting from the failure of that backflow prevention device. A “Will Serve” letter will not be issued for a property requiring a

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backflow prevention device until this document has been recorded against the property.

4. Developer’s Agreement. If a Developer presents apartment unit

development plans for District approval which conform with existing City or County requirements for condominiums or townhouses and requests reduced apartment fee sewer connection rates, a “Developer’s Agreement” must be signed regarding payment of additional sewer connection fees at the time of the conversion of apartment units to either condominiums or townhouses. Any conversion of existing apartment units to condominium or townhouse units will be subject to the increased connection fees if at the time connection fees were calculated any discounted connection fee was granted based on the fact the units were designed as apartments.

Section 780 – Disposition of Fees. All fees collected or received by the District shall be deposited promptly with the proper authority as provided by the District to receive such funds. Section 790 – All Costs Paid by Owner. All costs and expenses incident to or arising out of the installation and connection of any sewer or other work for which a Permit is required, shall be at the expense of the owner. Section 800 – Owner to Indemnify District. The owner of any property shall indemnify the District from loss or damage directly or indirectly caused by the installation and connection of any sewer or other work for which a Permit is required. Section 810 – Outside Sewers. Permission to connect any lot or parcel of land outside the District to any public sewer under the jurisdiction of the District shall be granted by Permit. The applicant shall enter into a written contract satisfactory to the District whereby he shall bind himself, his heirs, successors, and assigns to abide by all Ordinances and Rules & Regulations regarding the use of such sewer, the connection, and the draining therewith. The applicant shall pay all permit fees and a monthly service charge set by the District for the use of such sewer. The granting of permission for sewer service for property outside the District shall be optional with the Board. Where special conditions exist relating to property located outside the District, a special contract as approved by the District shall be consummated between the applicant and the District. Section 820 – Liability. The applicant shall be solely liable for any defects or failure during performance of the work or any failure which may develop therein. The District, its officers, agents and employees, shall not be answerable for any liability, death or injury to persons, or property damage due to, or arising out of, the performance of the work by the applicant. The applicant shall answer for and save the District, its officers, agents and employees from all liabilities imposed by law, including all costs, expenses, fees and interest incurred in seeking to enforce this provision.

ARTICLE X – ENFORCEMENT

ITEM #876


Section 830 – Time Limit – Permits. If the work granted by the Permit is not commenced within six (6) months from date of issuance, or is discontinued for a period of ninety (90) days after partial completion, the Permit shall be void. No further work shall be undertaken until a new permit has been secured by proper application. The work shall be completed within the calendar days for completion as specified by the new Permit. Section 840 – Violation. Any person found to be in violation of any provision of this or other Ordinance of the District, except Section 910, shall be served with written notice by the Engineer or other authorized representative. Such written notice shall state the nature of the violation and provide reasonable time limit for correction thereof. Said time limit shall not be less than two (2) nor more than seven (7) working days. Within the time period stated in the notice, all violations shall permanently cease. All persons shall be strictly liable for the acts of their agents and employees performed under the provisions of this or any other Ordinance or Rules & Regulations of the District. Upon notification by the Engineer of any defect arising in any sewer, or notification of any violation of this Ordinance, corrections shall immediately be effected by the person or persons in charge of said work. Section 850 – Public Nuisance. Continued habitation of any building, or continued operation of any industrial facility in violation of the provisions of this or any other Ordinance or Rules & Regulations, is hereby declared a public nuisance. Proceedings may be brought by the District to abate such nuisance during the period of violation. Section 860 – Disconnection. The alternate method of enforcing the provisions of this or any other Ordinance or Rules & Regulations of the District, shall be as follows: The Engineer shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the District. Upon disconnection, the Engineer shall estimate the cost of disconnection and reconnection. Such user shall deposit said estimated cost prior to reconnection to the system. The District shall refund any part of the deposit remaining after payment of the aforementioned costs. Section 870 - Public Nuisance Abatement. During the period of disconnection, human habitation of such premises shall constitute a public nuisance whereupon the District shall initiate proceedings for the abatement of said nuisance during the disconnection. Reasonable attorney’s fees and costs of suit of any action brought shall be paid the District as a condition precedent to reconnection. Section 880 – Means of Enforcement. The District declares the foregoing procedures are established as a means of enforcing the provisions of this and any other Ordinance or Rules & Regulations of the District, and not as a penalty. Section 890 – Misdemeanor. In accordance with the Health & Safety Code of the State of California, the violation of any Ordinance or Rules & Regulations of the District by any person is a misdemeanor punishable by fine not to exceed one hundred dollars ($100), imprisonment not to exceed one (1) month, or both. Each connection or occupancy in violation of the Ordinance or Rules & Regulations of the District shall be deemed a separate violation. Each and every day, or part of a day, in violation of the Ordinance or the Rules & Regulations, shall be deemed a separate offense hereunder and shall be punishable as such.

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Section 900 – Liability for Violation. The violation of any provision of this Ordinance, or Rules & Regulations of the District, by any person shall cause him to be liable to the District for any expense, loss or damage caused the District by reason of the violation.

ARTICLE XI – MISCELLANEOUS PROVISIONS Section 910 – Protection from Damage. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which constitutes a part of the District sewerage works. Any person in violation of this provision shall be subject to the penalties provided by law. Section 920 – Power and Authority of Inspectors. The Officers, Inspectors, Engineer, or any other duly authorized employee of the District, shall wear or carry an official badge of office, or other evidence, which establishes his position as such. Upon the exhibition of proper credentials and identification, he shall be permitted to enter into residential, commercial, institutional and industrial facilities for the purposes of inspection, observation, measurement, sampling, testing, or otherwise performing the necessary duties pursuant to the enforcement of the provisions of this or any other Ordinance or Rules & Regulations of the District. Section 930 – Severability. If any section, subsection, sentence, clause or phrase of this Ordinance, or the application thereof to any person is held to be invalid or unconstitutional, there shall be a presumption of validity or constitutionality to the remaining portions. The Board hereby declares that it would have passed this Ordinance or any section, subsection, sentence, clause or phrase herein, notwithstanding the invalidity or unconstitutionality of any part or portion thereof. Section 940 – Original Connection on Commencement of Operation of Sewage System. Notwithstanding any statement to the contrary herein, the owner of any building situated within the District, and under the terms of this Ordinance is required to connect such building to the proper public sewer, shall have sixty (60) days after such date as the Board shall proclaim that the District is ready to receive sewage into the District sewage system, to connect such building directly with the proper public sewer. Costs of such connection are to be at the expense of the owner. Section 950 – Owner’s Responsibility. The owner shall be responsible for maintaining the side sewer from the building connection to the public sewer line connection. It is further understood that the owner shall be responsible for the installment, maintenance and operation of backflow preventers and clean-outs. Section 960. Repeal of Prior Inconsistent Ordinances. Any prior ordinances or portions of ordinances previously adopted by the District Board of Directors that are in conflict with this Ordinance are repealed as of the Effective Date of this Ordinance.

ITEM #878


PASSED, APPROVED AND ADOPTED this 22nd day of May 2018 by the following vote: PASSED AND ADOPTED this ___ day of _______ 2015 by the following vote: AYES: NOES: ABSENT: TRIUNFO SANITATION DISTRICT ___________________________ Mike Paule, Chair ATTESTED: ____________________________________ Juliet Rodriguez, Clerk of the Board APPROVED AS TO FORM: ____________________________________ John Mathews, General Counsel TRIUNFO SANITATION DISTRICT _____________________________ JAMES WALL, Chair Board of Directors ATTEST: JOSIE GUZMAN, CMC Clerk of the Board

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Contract No. T18-002

COMMUNICATIONS SITE LEASE AGREEMENT

THIS COMMUNICATIONS SITE LEASE is entered into the 1st day of June, 2016 by

and between Triunfo Sanitation District, a sanitation district formed pursuant to California Health

and Safety Code Section 4700 et seq., with its offices located at 1001 Partridge drive, Suite 150,

Ventura, California, 93003-5562 (“District”) as lessor, and Los Angeles SMSA Limited

Partnership, dba Verizon Wireless, with its principal office located at One Verizon Way, Mail

Stop 4AW100, Basking Ridge, New Jersey 07920 (“Tenant”) as Tenant. District and Tenant are at

times collectively referred to as "Parties" or individually as a "Party."

RECITALS

A. District is a public agency providing essential services needed for the public health, safety

and welfare, including the operation of facilities required for the provision of water service to its

customers; and

B. District owns the property described in the attached Exhibit A and located at 4996

Kilburn, Oak Park, California (“Property”), together with a water storage reservoir and related

facilities on the Property; and

C. District and Tenant were parties to TSD Contract T-96-4 Site Lease Agreement dated July

24, 1996, as amended by that certain First Amendment to Site Lease Agreement dated October 22,

2007 (as so amended, the “Original Lease”) for the purpose of allowing Tenant to construct,

install, operate, and maintain certain telecommunications facilities on a portion of the Property

(“Facilities”) as defined below and described in Exhibit B attached hereto and made a part hereof.

D. District and Tenant were also parties to TSD Contract No. T11-002 Land Lease Agreement

dated February 28, 2011 (“Generator Lease”), pursuant to which Tenant leased additional space

from District for the construction, installation, operation, and maintenance of a generator and

related equipment.

E. On May 31, 2016, the Original Lease and the Generator Lease expired by their own terms

and Tenant is currently holding over at the Property with District’s consent. District and Tenant

acknowledge and agree that Tenant has been making monthly rental payments to District pursuant

to the Generator Lease and the Original Lease during such holdover period.

F. District and Tenant desire to enter into a new lease agreement, which shall take the place of

both the Original Lease and the Generator Lease, that will exclusively govern Tenant’s use of the

Property and the Premises and which will replace the Original Lease and the Generator Lease in

their entirety.

G. Tenant and Arnold LaRochelle Mathews VanConas & Zirbel LLP (“Attorney”), District’s

attorneys, are parties to that certain Earned Upon Service Fee Agreement dated July 1, 2016 (the

“Fee Agreement”), pursuant to which Tenant has agreed to reimburse District for all attorneys’

fees (the “Fees”) incurred by Attorneys in connection with negotiation of this Agreement. The

Fees shall continue to be paid pursuant to the Fee Agreement.

ITEM # 10 91

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NOW, THEREFORE, in consideration of the mutual promises, covenants, undertakings,

and other consideration set forth in this Lease, Tenant and District agree as follows:

1. Introductory Provisions.

1.1 Primary Purpose of Property. The primary use of the Property is District’s

operation and maintenance of its Water System. Tenant acknowledges and agrees that Tenant’s

use of the Property under this Lease is secondary and subservient to District’s use. Tenant shall not

use the Premises, Electronic Equipment or Antennas (as defined below) in a way which interferes

with District’s operation, use, expansion, repair or maintenance of the Water System, Water

Reservoir or Property (including facilities that are part of or assist in the use of the Water System

or are used for public safety or public works communications).

1.2 Condition Precedent.

1.2.1 Tenant’s Access Rights. Tenant’s ability to access the Property may

require that Tenant obtain certain access rights (such as the right to go on private property to reach

the Property and roadway and utility easements) from third-parties (including homeowner

associations) owning private property located between the Property and the public right-of-way

(“Access Rights”). Tenant represents and warrants that, as of the date of the Commencement Date,

Tenant has obtained all necessary Access Rights to access the Premises at the Property. If Access

Rights are required,Tenant shall provide reasonable proof of such Access Rights by providing

District with reasonably redacted copies of recorded easements, agreements, and letters

evidencing these Access Rights within thirty (30) days of the execution of this Agreement (subject

to any non-disclosure provisions contained in any such documents). Tenant is solely responsible

for and shall bear all costs and expenses related to obtaining necessary Access Rights.

1.2.2 Regulatory Approval; Liability. Parties understand and agree that

Tenant’s ability to use the Premises is contingent upon its obtaining and maintaining all

Governmental Approvals that may be required by any Federal, State or Local authorities as well as

satisfactory soil boring tests which will permit Tenant use of the Facilities as set forth above. District

will cooperate with Tenant in its effort to obtain Governmental Approval and where District

approval is required for Tenant’s Government Approvals, District’s approval will not be

unreasonably withheld, conditioned or delayed. Under no circumstances will the District be held

responsible for obtaining, maintaining, or paying for Tenant’s Governmental Approvals.

1.3 Definitions.

1.3.1 “Agreement” means this document setting out the relationship between the

District and Tenant.

1.3.2 “Amendment” means any written and signed change to this Agreement

that requires negotiation between the District and Tenant that permanently changes the terms and

conditions of this Agreement. Any Amendments to this Agreement must be in writing and

executed by both Parties. Per the District’s policy, negotiations associated with any Amendment

are subject to the terms and conditions regarding the payment of District’s costs set forth in this

Agreement. Any Modification or Change to Tenant’s Facilities that is deemed to require an

Amendment by the District will require Tenant to reimburse District or deposit funds sufficient to

ITEM #1092

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cover the District’s reasonable out of pocket negotiation costs actually incurred in accordance with

the terms of this Agreement in accordance with Section 1.5 below.

1.3.3 “Antenna” means antennas, cabling connecting antennas to Electronic

Equipment, and cable trays. Antenna are attached to Antenna Structures and other portions of the

property as described in Exhibit B attached hereto and made a part hereof.

1.3.4 “Antenna Structure” means a foundation and a monopole towers built to

support Antenna. The size and location of Antenna Structures is described in Exhibit B attached

hereto.

1.3.5 “Commencement Date” means June 1, 2016.

1.3.6 “Conditional Use Permit” means the permitting scheme by which the

County of Ventura authorizes certain types of land uses, typically following environmental review

and public hearing.

1.3.7 “District” means the Triunfo Sanitation District, a sanitation district

formed pursuant to California Health and Safety Code Section 4700 et seq.

1.3.8 “District Emergency Response” means any alteration, change,

development, expansion, modification, move, repair, or replacement to the Water Reservoir or

other District property on the Property that is undertaken in response to an Emergency.

1.3.9 "District Modification” means any alteration, change, development,

expansion, modification, move, repair, or replacement to the Water Reservoir or other District

property on the Property that is undertaken for operational reasons associated with the primary

purpose of the Property as described in Section 1.1, above.

1.3.10 “District Staff” means those employees and independent contractors

engaged by the District to perform work on behalf of the District.

1.3.11 “District-Approved List” means the list of Tenant’s contractors Tenant

maintains with District for performing work on Tenant’s Facilities, Antennas, Antenna Structures,

and Utility Equipment. To be included on the list, District must approve of the contractor, which

approval shall not be unreasonably withheld, conditioned or delayed. Tenant may request District

approve an updated version of the District-Approved List at any time, which approval shall not be

unreasonably withheld, conditioned or delayed.

1.3.12 “Emergency” means a serious and unforeseen situation that requires

immediate attention in order to maintain the District or Tenant’s operations. An emergency may,

but does not require, dangerous conditions that pose a threat to public health, safety, and welfare.

1.3.13 “Equipment” means any piece of personal property installed by Tenant

within Facilities to operate its services.

1.3.14 “Equipment Shelter” means radio receivers, transmitters, equipment

shelters, and equipment cabinets as well as the land upon which the equipment shelter is located.

ITEM # 10 93

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Specifically excluded from this definition are Antennas and Antenna Structrues, except for those

GPS antennas and microwave type dishes that are in accordance with and in compliance with

Exhibit B attached hereto.

1.3.15 “Expansion” means (1) adding additional equipment to existing equipment

so as to occupy more ground space than prior to the expansion; or (2) replacing equipment with

new equipment that is larger in size than the equipment it is replacing. This definition specifically

does not include Replacement, as defined below.

1.3.16 “Facilities” or “Premises” means that portion of the property located at

4996 Kilburn Court, Oak Park, CA 91377 that is leased to the Tenant for the purposes described in

this Agreement. Facilities includes (i) the Equipment Shelter, (ii) the Generator; (iii) the Antenna

Structures and Antennas attached thereto; (iv) Utility Equipment. The exact dimensions and

location of the Facilities are specifically depicted in Exhibit B attached hereto and incorporated

herein by reference.

1.3.17 “FCC” means the Federal Communications Commission.

1.3.18 “Generator” or “Generator Facility” means Tenant’s generator and

equipment necessary to operate and maintain the generator as well as the land upon which the

generator equipment is located. The exact dimensions and location of the Generator Facility are

described in Exhibit B of this Agreement.

1.3.19 “Generator Lease” means TSD Contract No. T11-002 Land Lease

Agreement dated February 28, 2011 that expired on May 31, 2016.

1.3.20 “Governmental Approval” means those certifications, licenses, permits,

or other regulatory approvals Tenants must obtain and maintain to lawfully conduct its operations

at the Property.

1.3.21 “Hazardous Substance" means any substance or material defined or

designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or

radioactive substance, or other similar term pursuant to any federal, state or local environmental

law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or

rules may be amended from time to time; and it shall be interpreted to include, but not be limited

to, any substance which after release into the environment will or may reasonably be anticipated to

cause sickness, death or disease.

1.3.22 “Modification” or “Modify” means any physical change to the Facilities

that results in equipment being taller, wider, or larger in some other way as compared to Tenant’s

then-existing Premises.

1.3.23 “Minor Change” means a routine repair or replacement of Antennas,

Antenna Structures, or Utility Equipment that results in a piece of equipment being replaced with a

new piece of equipment that is: (i) substantially the same or smaller in weight and/or size, or (ii)

differently shaped, or (iii) otherwise different from the piece defective or obsolete piece of

equipment being repaired or replaced.

ITEM #1094

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1.3.24 “No Change” means a routine repair or replacement of equipment that

results in identical equipment replacing a pre-existing but defective piece of equipment in the same

location as the pre-existing equipment. This definitions specifically excludes any repair or

replacement that results in a change in piece of equipment’s size, shape, location, or weight.

1.3.25 “Property” means the entire parcel of property located at 4996 Kilburn

Court, Oak Park, CA 91377.

1.3.26 “Relocation” or “Relocation Site” means removing equipment from the

Facilities and reconfiguring it in the same way and to serve the same purpose as it previously did in

a new location.

1.3.27 “Renewal Term” means an additional five (5) year extension to this

Agreement pursuant to the terms and conditions of Section 6, below.

1.3.28 “Repair” means mending, fixing, or performing routine maintenance or

repairs on existing equipment.

1.3.29 “Replacement” or “Replace” means swapping out non-functioning,

existing equipment with new equipment of the same size, shape, location and weight.

1.3.30 “Right of Access” means Tenant’s right to access the Property.

1.3.31 “Term” means both the initial term of this Agreement as well as any

Renewal Terms.

1.3.32 “Termination Date” means the date on which this Agreement ceases to be

effective.

1.3.33 “Temporary Site” means a location alternate to the Facilities whereon

Tenant may need to temporarily locate such equipment as is necessary to its operations. The

location of Temporary Site is to be determined by the Parties pursuant to the terms of this

Agreement.

1.3.34 “Tenant” means Los Angeles SMSA Limited Partnership, dba Verizon

Wireless.

1.3.35 “Utility Equipment” means utility cables, conduit, lines and connections

that are located on the Property outside of the Facilities.

1.3.36 “Ventura County” or “County” means the governmental entity or entities

that are tasked with providing Tenant with the land use permitting necessary to conduct its

operations on the Property.

1.3.37 “Water Reservoir” or “Water System” means District’s structures and

facilities on the Property that serve to support the District’s purpose of furnishing water service to

its customers.

ITEM # 10 95

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1.4 Intentionally Omitted.

1.5 Costs Related to Lessee Request to Amend or Modify This Agreement.

Pursuant to the District’s policies, prior to the District considering any request by Tenant to amend

or otherwise modify this Agreement, Tenant must agree to reimburse District for all reasonable out

of pocket costs and expenses incurred by the District in connection with the negotiation and

documentation of a modification or amendment to this Agreement at the request of Tenant.

Reasonable costs and expenses shall include (i) reasonable attorneys’ fees actually incurred in

connection with negotiation of any such amendment or modification; and (ii) reasonable costs of

outside consultants, agents and contractors reasonably hired by the District in order to evaluate any

such amendment. Prior to commencement of negotiation of any such amendment or modification

to the Agreement, District shall provide Tenant with written documentation of the total estimated

costs to be incurred by District in connection with the negotiation of any such amendment or

modification to the Agreement (upon Tenant’s approval, the "Approved Amendment Cost"). The

parties shall memorialize Lessee’s reimbursement of the Approved Amendment Cost in the

subject amendment or modification to the Agreement. In the event that District determines that the

actual cost of negotiation of any such amendment or modification to the Agreement will exceed

the Approved Amendment Cost, District shall provide Tenant written documentation

substantiating the additional costs and the reasons therefore, and obtain Tenant’s prior written

approval for the same. Notwithstanding the foregoing, Tenant shall not be obligated to reimburse

District for any additional costs incurred by District which exceed the Approved Amendment Cost

unless the same shall have been previously approved by Tenant as required herein; provided, in the

event Tenant refuses to approve additional costs or District incurs out of pocket cost in addition to

the Approved Amendment Cost that Tenant refuses to pay, District shall not be obligated to

continue negotiation of any such amendment or modification, and Tenant shall be liable to

reimburse District for all Approved Amendment Cost incurred thereby.

2. Facilities Subject to This Agreement. Subject to the terms and conditions set forth in this

Lease, District leases to Tenant (i) the use of a portion of the Property for a wireless

communication operation on the Facilities, which are specifically listed in Exhibit B attached

hereto and incorporated herein by reference, in conformance with the engineering standards and

design and site plan set forth in attached Exhibit B; and (ii) the easements for access and utilities

as set forth in subsection 8.3 below.

3. Term. The initial term of this Agreement shall be five (5) years (“Initial Term”) beginning

on the Commencement Date, and terminating at midnight on the last day of such five (5) year

period. District and Tenant acknowledge and agree that as of the Commencement Date, the

Original Lease shall deemed terminated and of no further force and effect. This Agreement

supersedes and replaces that Original Lease, referenced by Tenant as NG#35006, and Generator

Lease, referenced by Tenant as NG#109519. District and Tenant acknowledge that

notwithstanding the termination of the Original Lease and Generator Lease and the

commencement of this Agreement, Tenant may continue to make, and District may continue to

receive, rental and other payments pursuant to the Original Lease or Generator Lease (“Prior Lease

Payments”). Any overpayment of Prior Lease Payments shall be applied and credited against any

rentals or other payments due under this Agreement.

4. Permitted Use. The Facilities may be used by Tenant for the transmission and reception of

radio communication signals and for the construction, installation, operation, maintenance and

ITEM #1096

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repair of a communications facility and related support facilities (such as antennas, microwave

dishes, equipment shelters or cabinets) but only for the provision of what is commonly known as

wireless communications services (whether or not technically referred to as Personal

Communications Service, or some other term) by the use of “personal wireless service facilities”

(as such phrase is defined in §704 of the Federal Telecommunications Act of 1996, Pub. L. No.

104-104, 110 Stat. 56 (1996), partially codified at 47 U.S.C. § 332(c)(7)(C)(2), hereinafter "1996

Act Section 704") and not for any other purpose. Tenant shall, at its expense, comply with all

applicable federal, state, and local laws, ordinances, rules and regulations (including but not

limited to laws and ordinances relating to health, safety, and radiation) relating to Tenant’s use of

the Facilities. Tenant shall comply with all federal radio frequency emission standards.

5. Rent. Commencing as of the Commencement Date, Tenant shall pay District, as rent,

Fifty Thousand Dollars ($50,000.00) for the first year of the Initial Term of this Agreement, to be

paid in equal monthly installments on the first day of the month, in advance, to District, subject to

increases set forth below. Within sixty (60) days following full execution of this Agreement,

Tenant shall remit to District any back rent payments for the difference between the rent

previously paid to District pursuant to the Original Lease and Generator Lease and the new rent

amount provided herein for the period beginning on the Commencement Date through the date of

full execution of this Agreement. If Tenant attempts to terminate this Agreement prior to the end

of the initial term or applicable Renewal Term, and the termination is not provided for in this

Agreement, an early termination fee shall be required to be paid by Tenant equal to the balance of

rent owed for remainder of the then applicable term or one (1) full year of rent, whichever is more.

5.1 Annual Rent Escalator. On each annual anniversary of the Commencement Date

(including during Renewal Terms), the rent payable by Tenant to District shall increase by an

amount equal to three percent (3%) of the rent in effect during the immediately preceding

12-month period.

5.2 Late Payment Penalty. Any Rent not paid within ten (10) days of the due date

shall be assessed a 5% late fee and shall bear interest at 2% per month or (if less) at the highest rate

allowed by law.

6. Renewal. Tenant shall have the right to extend this Lease for four (4) additional, five-year

terms (each a "Renewal Term"). Each Renewal Term shall be on the same terms and conditions as

set forth herein, with Rent continuing to increase annually as set forth in Section 5.1, above.

6.1 Automatic Renewal. This Lease shall automatically renew for each successive

Renewal Term unless Tenant notifies District, in writing, of Tenant's intention not to renew this

Lease, at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term.

6.2 Holdover Rent. Any holding over by Tenant after the expiration of the Initial Term

and any Renewal Term, with the consent of the District, shall be construed to be a tenancy from

month to month on the terms and on the conditions set forth herein, except that the Rent under

Section 5 and/or Section 6 shall be equal to one hundred fifty percent (150%) of the Rent in effect

immediately preceding such termination.

7. Non-Interference, Testing, Signage and Reservation.

ITEM # 10 97

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7.1 Non-Interference.

7.1.1 Tenant shall not use, nor shall Tenant permit its employees, representatives,

invitees, contractors or agents to use, the Premises or Antennas (as defined below) in any way

which interferes with the use of any portion of the Property by District, or by other tenants or

licensees of District with rights in any portion of the Property that predate the Effective Date (as

defined in Section 25 below). Such interference shall be deemed a material breach by Tenant, who

shall, upon written notice from District, be responsible for terminating said interference. In the

event any such interference does not cease promptly, Tenant acknowledges that continuing

interference may cause irreparable injury and, therefore, the District shall have the right, in

addition to any other rights that it may have at law or in equity, to bring a court action to enjoin

such interference or to terminate this Lease immediately upon written notice.

7.1.2 Subject to District’s relocation and termination rights under Sections 8 and

10, respectively, and other limitations set forth in this Agreement, District shall not use, nor shall

District permit its employees, representatives, invitees, contractors or agents to use, the Property in

a way which interferes with the operations of Tenant. Such interference shall be deemed a material

breach by District, and District shall have the responsibility to terminate said interference. In the

event any such interference does not cease promptly, the parties acknowledge that continuing

interference will cause irreparable injury to Tenant and, therefore, Tenant shall have the right, in

addition to any other rights that it may have at law or in equity, to elect to enjoin such interference

or to terminate this Lease, upon notice to District. Notwithstanding the foregoing, the Parties

acknowledge and agree that any use of the Property by the District that is deemed by the District

Board of Directors (“Board”), in the Board’s sole and absolute discretion, to be necessary for the

District’s operation and maintenance of its Water System shall not, under any circumstances,

constitute interference with Tenant’s operations and/or a material breach of this Agreement.

7.1.3 All operations of the Tenant shall be lawful and in compliance with all FCC

requirements. Tenant acknowledges and recognizes that District has entered into other

communication site lease agreements with other communication companies for sites within the

boundaries of the Property. Those communications site leases predate this Lease with Tenant.

Tenant has familiarized itself with said locations of those other communication sites, and has

determined and hereby warrants that the intended use by Tenant of the Premises will not interfere

with those other facilities existing as of the date of this Lease.

7.1.4 Temporary Modifications to Tenant’s Operation for Health and

Safety. In order to protect the health, safety and welfare of District workers or other persons on the

Property performing work near Tenant’s Facilities, Tenant shall temporarily cease or modify its

operations on the Property as reasonably directed by District whenever District workers must

perform work near Tenant’s Facilities to ensure RF emissions are within safe limits as prescribed

by the FCC. District shall provide Tenant at least two (2) business days prior notice to Tenant’s

Network Operations Center (at (800) 621-2622) of the need for such temporary modifications to

its operations. Emergency work by District may be subject to shorter or no notice prior to need for

temporary modifications and will be coordinated through Tenant’s Tenant’s Network Operations

Center. Where Relocation becomes necessary, Section 8.4 will govern.

7.1.5 Tenant shall install and maintain its Antennas (as defined below) and

Electronic Equipment (as defined below) in a manner which does not reduce the useful life (or

ITEM #1098

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increase the maintenance or repair cost) of the Water Reservoir or any portion of it (for example,

by putting any additional loading on a portion of the Water Reservoir which would create leaks or

reduce the useful life of the Water Reservoir). District and Tenant acknowledge and agree that

Tenant’s Antennas and Electronic Equipment, installed as of the Commencement Date are not

installed in a manner as to reduce the useful life (or increase the maintenance or repair cost) of the

Water Reservoir or any portion of it.

7.1.6 In the event that Tenant damages the Water Reservoir, waterlines, or other

utilities and/or improvements related to District’s operations, Tenant shall immediately notify

District of such damage as provided in Section 15. Following notification, District reserves the

right to undertake needed repairs. Where District chooses not to undertake the needed repairs,

District may require Tenant to undertake those repairs at Tenant’s sole cost. Any repairs

undertaken by Tenant must be performed to industry standards and meet all applicable laws

regarding health and safety requirements. If the Property or any surface or subsurface

infrastructure owned by District is destroyed or damaged as a result of the conduct of Tenant or

Tenant’s employees, representatives, contractors, tenants, licensees, invitees or agents, then

Tenant shall bear the full cost and expense of repairs and/or replacement.

7.2 Testing.

7.2.1 Tenant’s Duty to Test. Tenant shall perform studies of Tenant’s

compliance with Federal radio frequency exposure limit rules as required herein. All such studies

must be performed by a qualified radio engineer, and must show whether and where (i) workers on

the Tenant’s Facilties and (ii) persons outside of Tenant’s Facilities may be exposed to radio

frequency emissions in excess of those allowed by applicable Federal radio frequency exposure

limit rules then in effect.

7.2.1.1 Periodic Testing. Tenant shall perform a study at least once per

calendar year. Tenant shall conduct a study within ninety (90) days of the Commencement Date.

7.2.1.2 Testing Following Modification. Tenant shall perform a study

following any modification of its Facilities regardless of whether a study has already been

performed in the same calendar year pursuant to Section 7.2.1.1. Alternatively, if Tenant does not

provide District with a copy of any such study within thirty (30) days of completion of the study,

District may elect to commission such study following Tenant’s modification of its Facilities and

in such event, Tenant shall reimburse District for the costs of the same within thirty (30) days

following receipt of an invoice or reasonable supporting documentation.

7.2.1.3 Reporting Test Results. Tenant shall provide District a copy of any

study results within thirty (30) days of such a study being completed.

7.2.2 District’s Right to Test. District may conduct radio frequency emission

and interference studies to determine whether Tenant's use of the Premises interferes with

District’s current or proposed use of the Property or the current or proposed use of the Property by

other tenants or licensees of District.

7.2.2.1 Periodic Testing. District may commission a third-party study at

Tenant’s expense following any Tenant Modification in the event Tenant fails to timely provide a

ITEM # 10 99

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copy of such study within thirty (30) days and Tenant shall reimburse District in accordance with

section 7.2.1.2 above. District may, at its expense, commission additional third-party studies at its

discretion; provided that in the event a study reveals Tenant’s non-compliance with Federal radio

frequency exposure limit rules or Tenant’s use of the Premises interferes with District’s current or

proposed use of the Property or the current use of the Property by other tenants or licensees of

District existing as of the Commencement Date of this Agreement, Tenant shall reimburse District

for the costs of the study and remedy the non-compliance or violation promptly following receipt

of notice of the same.

7.2.2.2 Reporting Test Results. District shall provide Tenant with a copy

of any study commissioned at Tenant’s expense within thirty (30) days of District’s receipt of that

study.

7.3 Mitigating Radio Frequency Emissions. If a study shows Tenant’s

noncompliance with then-applicable Federal radio frequency exposure limit rules, then all

Tenant's communications equipment on the Property shall immediately be shut down or reduced in

power (except for work necessary to bring it into compliance) until subsequent tests again show

compliance with such rules.

7.4 Mitigating Interference. If a study indicates that Tenant’s use will or potentially

will interfere with the current or proposed use of the Premises or Property by District or its other

tenants or licensees (with respect to their pre-existing uses), Tenant shall have ninety (90) days to

remedy the interference to District's satisfaction. If the problem is not so remedied in ninety (90)

days, then District may require Tenant, at Tenant's sole cost and expense, to relocate Tenant’s

Electronic Equipment and/or Antennas (as defined below) so as to remove or minimize the

interference, to the extent District deems necessary. District shall permit Tenant to place a

temporary antenna facility (Cell on Wheels or similar installation) on Property or at some other

location acceptable to Tenant and District, during such relocation.

7.5 Signage. Tenant shall install and maintain permanent RF Notice, Caution and

Warning signs in both Spanish and English at the locations set forth below. The signage shall be

compliant with FCC OET Bulletin 65 and ANSI/IEEE C95.2 (or later version, if updated) for

color, symbol, and content conventions. The signs shall provide Tenant’s site identification

number and a working local or toll-free telephone number to Tenant’s network operations center

where a live person can exert transmitter power-down control over Tenant’s site. The locations of

the signs are as follows:

7.5.1 An RF Warning sign either side of each of Tenant’s antenna arrays and at

least X feet in front of the antenna arrays, where X is calculated using the maximum power

authorized for PCS by the FCC and the FCC’s OET 65 formulas.

7.5.2 The locations for the signs and fencing required under Section 7.5.1 shall be

set forth on the engineering drawings attached as Exhibit B.

7.5.3 Tenant shall maintain labeling on all of its Facilities to identifying its

property and providing contact information, including names and phone numbers of persons and

departments responsible for each item of property, to aid District in notifying Tenant in the event

of an emergency or for any other reason.

ITEM #10100

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7.6 Reservation. District does not grant, and reserves for itself, its Tenants, successors

and assigns, (i) all mineral rights, seismic rights and rights to oil, gas, other hydrocarbons or

minerals on, as to, under or about any portion of the Premises and Property; (ii) rights to generate

electricity from the wind or wind power on, as to or about any portion of the Premises and

Property; and (iii) the right to grant to others the rights hereby reserved.

8. Tenant Improvements; Utilities; Access; Relocation

8.1 Tenant Improvements.

8.1.1 Description of Property and Facilities. Included in Exhibit B is a survey

and legal description of the Facilities (including easements on the Property); a site plan which sets

forth all Tenant improvements to be placed on the Property including Antennas, equipment

cabinets, utility boxes, fences, walls; elevation drawings for all the preceding items; fence and wall

detail; and specifications for all exterior colors, paint, other finishes and landscaping.

8.1.2 Repair and Replacement of Facilities. At its sole expense, Tenant shall

have the right to repair and replace the Facilities as necessary to operate its communication system.

These Facilities shall be in accordance with the drawings attached as Exhibit B. Any repair or

replacement of the Facilities requires Notice to the District in accordance with Section 8.3.3 and

must be in accordance with the following provisions:

8.1.2.1 Repair and Replacement of Antenna, Antenna Structures, or

Utility Equipment, In General. Except as described in Sections 8.1.2.2 and 8.1.2.3, Repair or

Replacement of Antenna, Antenna Structures, and Utility Equipment may not be undertaken by

Tenant without District’s prior written consent, which consent shall not be unreasonably

withheld, conditioned or delayed. Applications by Tenant to Repair or Replace Antennas,

Antenna Structures, and Utility Equipment shall be accompanied by such materials as reasonably

necessary for the District to make an informed decision about the application (e.g., proposed site

plans, descriptions of proposed equipment, etc.).

8.1.2.2 Repair or Replacement of Antenna, Antenna Structures, and

Utility Equipment Resulting in a Minor Change. In those instances where Repair or

Replacement results in a Minor Change, prior written consent is required but will not be

unreasonably withheld, conditioned or delayed by the District. If District fails to approve or

affirmatively deny Tenant’s application to Repair or Replace Antenna, Antenna Structures, or

Utility Equipment within fifteen (15) business days of receiving Tenant’s application, District’s

failure to act has the same effect as written consent.

8.1.2.3 Repair or Replacement of Antennas, Antenna Structures, and

Utility Equipment Resulting in a No Change. Notwithstanding Sections 8.1.2.1 or 8.1.2.2, in

those instances where Repair or Replacement result in No Change, written consent is not

required.

8.1.2.4 Repair and Replacement of Equipment Shelter and Generator

Facility. Repair and Replacement of Equipment Shelter and Generator Facility do not require

written consent.

ITEM # 10 101

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8.1.3 Modification of Facilities. At its sole expense, Tenant shall have the right

to erect and maintain the Facilities necessary to operate its communications system. These

Facilities shall be in accordance with the drawings attached as Exhibit B. Any Modification to

these Facilities requires Notice to the District in accordance with Section 8.3.3 must be in

accordance with the following provisions:

8.1.3.1 Modification of Antenna, Antenna Structures, or Utility

Equipment. Modification of Antenna, Antenna Structures, and Utility Equipment may not be

undertaken by Tenant without District’s prior written consent, which consent shall not be

unreasonably withheld, conditioned or delayed. Applications by Tenant to Modify Antennas,

Antenna Structures, and Utility Equipment shall be accompanied by such materials as reasonably

necessary for the District to make an informed decision about the application (e.g., proposed site

plans, descriptions of proposed equipment, etc.). Depending on the scope of the proposed

Modification, District may deem Tenant’s application as a request for an amendment to this

Agreement.

8.1.3.2 Modification of Equipment Shelter or Generator Facility, In

General. Except as described in Sections 8.1.3.3 below, Modification of the Equipment Shelter

or Generator Facility may not be undertaken by Tenant without District’s prior written consent,

which consent shall not be unreasonably withheld, conditioned or delayed. Applications for such

written consent shall be accompanied by such materials as reasonably necessary for the District

to make an informed decision about the application (e.g., proposed site plans, descriptions of

proposed equipment, etc.). Depending on the scope of the proposed repair or modification,

District may deem Tenant’s application as a request for an amendment to this Agreement.

8.1.3.3 Modification of Equipment Shelter or Generator Facility

Wholly Within Existing Space. In those instances where Modification is wholly contained

within the existing space occupied by the Equipment Shelter or Generator Facility as described in

Exhibit B, prior written consent is not required.

8.1.4 Expansion or Relocation of Antenna, Antenna Structures, Equipment

Shelter, Generator Facility, or Utility Equipment. Notwithstanding Section 8.4.1, Expansion or

Relocation of Antenna, Antenna Structures, Equipment Shelter, Generator Facility, or Utility

Equipment may not be undertaken by Tenant without District’s prior written consent, which

consent shall not be unreasonably withheld, conditioned or delayed. Applications by Tenant to

expand or relocate Antenna, Antenna Structures, Equipment Shelter, Generator Facility, or Utility

Equipment shall be accompanied by such materials as reasonably necessary for the District to

make an informed decision about the application (e.g., proposed site plans, descriptions of

proposed equipment, etc.). Depending on the scope of the proposed Expansion or Relocation,

District may deem Tenant’s application as a request for an amendment to this Agreement.

8.1.5 District-Approved List of Contractors. Upon execution of this

Agreement, Tenant shall provide District a list of Tenant’s contractors for District approval. Such

approval shall not be unreasonably withheld, conditioned or delayed.

8.1.5.1 Work To Be Performed by District-Approved Contractors.

Prior to Tenant commencing any construction on the Property, Tenant shall provide District with

ITEM #10102

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the name of any District-approved contractors that will access the Property.

8.1.5.2 Work To Be Performed by Non-District-Approved

Contractors. Any contractor not included on the District-Approved List is subject to the prior

written approval of District, which approval shall not be unreasonably withheld, conditioned or

delayed. The District shall approve or deny any proposed contractor within ten (10) business

days of receipt unless District requests additional time to consider a proposed contractor. The

District’s failure to approve, deny, or request an extension within ten (10) business days of

receiving such request for approval will be treated as an approval of the contractor by the District.

8.1.6 Bonding Requirements. Tenant shall, prior to commencing work

requiring District’s written consent and costing more than $20,000, post a performance bond in

form and with a surety company reasonably acceptable to District, assuring that the improvements

will be constructed without the attachment of any construction liens, which bond shall expire after

the completion of the lien filing period. Tenant shall following completion of construction post a

removal bond (or, at Tenant’s option, a letter of credit) from a surety or bank reasonably

acceptable to District, and in an amount reasonably deemed necessary to assure that the funds will

be available at the termination of the Agreement for removal of the Equipment and Antennas.

8.1.7 Discharging Liens. Tenant shall perform all work in such a way so that

there are no liens and in compliance with all applicable laws and ordinances. If any lien is filed

against the Facilities or Property as a result of acts or omissions of Tenant or Tenant’s employees,

agents or contractors, Tenant shall discharge the lien or bond the lien off in a manner reasonably

satisfactory to District within thirty (30) days after Tenant receives written notice that the lien has

been filed.

8.1.8 District’s Non-Interference With Construction. Except in those cases

where Tenant fails to comply with this Agreement or where necessitated for reasons of health and

safety, District shall not interfere with Tenant's construction on the Facilities including, without

limitation, attempting to direct construction personnel as to the location of or method of

installation of the Antennas and/or Equipment.

8.1.9 Securing Facilities. Tenant, at its expense, shall use any and all appropriate

means of restricting access to the Equipment, including the construction of a permanent fence or

wall if and as set forth on Exhibit B, and if necessary, a temporary fence during construction.

8.1.10 Unauthorized Signage and Graffiti. Tenant may not place or allow the

placement of any signs or graffiti on the Facilities, except for those required for emergency

notification and identification, or as required by this Agreement or applicable law. If Tenant does

not remove any such graffiti or unauthorized signs within thirty (30) days following Tenant’s

receipt of a notice to remove from District, District at any time may undertake any activities

necessary to abate or remove graffiti located therein. Tenant shall reimburse District all costs and

expenses incurred by District in connection with such abatement or remove within thirty (30) days

following receipt of an invoice and supporting documentation.

8.1.11 Maintenance. Tenant shall, at its sole expense, maintain the Facilities,

Equipment and Antennas and all improvements, equipment and other personal property on the

Property in good working order, condition and repair. Tenant shall keep the Facilities free of

ITEM # 10 103

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debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or

source of undue vibration, heat, noise or interference. Notwithstanding the foregoing, Landlord

and Tenant acknowledge and agree that Tenant’s operation of its Generator in the normal course of

operations and in compliance with applicable laws shall not be deemed a violation of this

Paragraph; provided, that in the event of complaint by the District’s constituents or if the

Generator unreasonably interferes with District’s use of the Property, in its reasonable discretion,

District may require modification by Tenant at Tenant’s expense to District’s reasonable

satisfaction.

8.1.12 Removal of Facilities on Termination or Expiration. Within ninety (90)

days following the termination or expiration of this Agreement, Tenant at its expense shall remove

the Antennas and Equipment and then shall restore and return the Facilities to District in the same

condition as they were prior to this Agreement (or Tenant’s earlier occupancy of the Facilities, as

the case may be), reasonable wear and tear and casualty damage not caused by Tenant excepted,

including Tenant removing footings, foundations and concrete on the equipment enclosure portion

of the Facilities to a depth of two feet (2’) below grade. If District requests that Tenant not remove

all or a portion of Tenant’s improvements (excluding Tenant’s antennas, equipment and other

personal property), title to such improvements shall thereupon transfer to District in their “AS-IS”

condition, and thereafter the improvements shall be the sole and entire property of District, and

Tenant shall be relieved of its duty to otherwise remove same. Any personal property, equipment

or other improvements which are not removed prior to the ninety (90) day period following

termination of this Agreement shall, subject to applicable law, become the property of District, at

District’s option. District acknowledges and agrees that it shall take possession of such

improvements, personal property or equipment without further documentation in its then “as is”

condition, and that Tenant shall make no representation or warranty regarding its condition or

fitness for any particular purpose and that Tenant shall incur no further liability therefore.

Notwithstanding any other provision of this Agreement, Tenant's obligation to pay Rent as

described in Sections 5 and 6 shall continue until Tenant has complied with this subsection.

8.2 Utilities.

8.2.1 Utility Easements. Tenant shall have the right in the Easements (as defined

below) to install utility lines and to improve the present utilities on the Property, all at Tenant's

expense. Tenant shall install separate meters for utilities on the Property used by Tenant. Tenant

shall pay when due all charges for utilities serving the Facilities during the Term of the Lease.

8.2.2 Generator Facility. Tenant may use a backup power supply (generator or

battery, permanent or temporary) on the Property in the same location as was previously used

pursuant to the Generator Lease. The exact location and dimensions of the Generator Facility are

described in Exhibit B.

8.3 Access.

8.3.1 Access Easement Over Property. As partial consideration for Rent paid

under this Lease, District hereby grants Tenant a non-exclusive easement in, under and across the

Property for ingress, egress, utilities and access to the Facilities, Antennas, Antenna Structures,

Generator Facility, and Utility Equipment adequate to install and maintain utilities, which include,

but are not limited to, the installation of power and telephone service cable, and to access and

ITEM #10104

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service the Facilities and the Antennas at all times during the Initial Term of this Agreement and

any Renewal Term (collectively, the “Easements”). The location of Easements are set forth on the

drawings attached as Exhibit B. The Easements are non-exclusive, and District retains for itself,

its Tenants, successors and assigns, the right fully to use and enjoy said Easements and any roads

or roadways located thereon. The Easements shall have the same term as this Agreement.

8.3.2 Damage Within Access Easement. If Tenant causes any damage to

roadways located on the Property or roadways used or maintained by District which are between

the Property and a public highway, then Tenant shall promptly notify District of said damage as

provided in Section 15. Following notification, District reserves the right to undertake needed

repairs and invoice Tenant for the cost of these repairs. Where District chooses not to undertake the

needed repairs, District may require Tenant to undertake those repairs at Tenant’s sole cost and

expense and to return the roadway to the same condition it was in immediately prior to Tenant’s

damage. If any roadway on or leading to the Property is destroyed or damaged as a result of the

conduct of Tenant or Tenant’s employees, representatives, contractors, tenants, licensees, invitees

or agents, then Tenant shall bear the full cost and expense of repairs or replacement.

8.3.3 Notice of Need for Access. During the Term of this Agreement, Tenant’s

authorized employees, representatives, tenants, licensees, invitees, contractors or agents shall have

24-hours-a-day, 7-days-a-week access to the Facilities, but only upon prior notice to the District.

8.3.3.1 Notice for Non-Emergency Access. Tenant shall use its best

efforts to provide notice at least two (2) business days prior to the date access is required. Such

notice is for the mutual benefit of Tenant, the District, and any other party require access to the

Property given the unique access conditions and location of the Property that make simultaneous

access by multiple parties undesireable.

8.3.3.2 Notice for Emergency Access. In the event of an emergency where

Tenant cannot provide advance notice of required access, Tenant shall, within twenty-four hours

following emergency access, inform the District of the following: (i) the date and time of

emergency access and (ii) the nature of the event requiring emergency access.

8.3.4 Tenant’s authorized employees, representatives, tenants, licensees, invitees,

contractors or agents who access the Facilities shall have appropriate identification as authorized

agents of Tenant. District reserves the right to require that a District representative accompany

Tenant during any required access.

8.3.5 Callout Charge Reimbursement. Tenant shall reimburse District all

callout charges and expenses incurred by District for the cost of any person required by the District

to accompany Tenant if access occurs on a weekend, holiday or outside District’s normal business

hours within thirty (30) days following receipt of an invoice and supporting documentation.

8.3.5 District’s Right to Inspect. The District has the right to externally examine

any portion of the Facilities at any time. The District has the right to examine any internal portion

of the Facilities at a mutually-agreed upon time within seven (7) business days of written notice of

the District’s request and in the presence of a Tenant representative.

ITEM # 10 105

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8.3.6 Limits on Tenant’s Physical Access to Property. District, its employees

or agents will not unreasonably impede or deny access to Tenant. In the event that District must

limit or prohibit access for a prolonged period, District shall permit Tenant, at Tenant’s sole

expense, to place a temporary antenna facility on a Temporary Site that is operationally acceptable

to Tenant for the period of limited access.

8.3.7 Unattended Vehicles & Equipment on Public Streets

8.3.7.1 Purpose. Certain limits on Tenant's parking of vehicles and

equipment are necessary because: (1) the Property is located adjacent to a residential district; (2)

street parking on Kilburn Court and surrounding streets is limited; and (3) the District has

historically received complaints from residents as well as the Oak Park Municipal Advisory

Council regarding service vehicles being parked on Kilburn Court for extended periods.

8.3.7.2 Requirements. Tenant shall comply with all restrictions and

requirements imposed by Ventura County Code of Ordinances §§ 7251 & 7260 pertaining to

oversized vehicle parking within the Oak Park neighborhood and vehicle storage. In addition to

Compliance with the requirements imposed by the Ventura County Municipal Code, Tenant shall

not leave any vehicle or equipment unattended overnight on Kilburn Court or any adjacent street

to Kilburn Court in Oak Park; provided, that District shall use reasonable efforts to accommodate

Tenant with an alternate site to leave any vehicle or equipment and such use shall be limited to no

more than three (3) days. In the event Tenant exceeds the three (3) day limitation, Tenant shall

pay three hundred dollars ($300.00) per day until the vehicle or equipment are removed. .

8.3.8 Unattended Vehicles & Equipment on the Property & Access Road.

8.3.8.1 To enable orderly operations and allow emergency access to the

Property, Tenant shall not leave vehicles and equipment unattended on the Access Road except

with the District’s prior written permission..

8.3.8.2 With prior written permission of the District, Tenant may leave

specified vehicles and equipment parked unattended in specified locations on the Property for a

specified duration. The keys for any vehicle or equipment left unattended on the Property or

Access Road must be left in the lockbox located at the Property.

8.3.8.3 Vehicles left unattended on the Access Road at any time or on the

Property beyond the specified time may be towed by the District at Tenant's expense. Under no

circumstances is the District responsible in aiding Tenant in retrieving any vehicle or equipment

beyond providing the name of the towing company responsible for removing the vehicle or

equipment.

8.4 Relocation Requested by District.

8.4.1 Relocation Necessitated by District Emergency Response. Tenant shall,

at Tenant’s sole expense, relocate the Antenna Facilities and Electronic Equipment, or any part

thereof, to Relocation Site or take other actions as reasonably directed by District within thirty (30)

days written notice of the need for such action due to District Emergency Response.

ITEM #10106

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8.4.1.1 District’s Liability Arising From District Emergency Response.

District shall not be liable to Tenant for any harm to Tenant, the Antenna Facilities or Electronic

Equipment resulting from an Emergency Response, except to the extent caused by District’s

negligence or willful misconduct.

8.4.1.2 Delay Due to Governmental Approvals. Notwithstanding Section

8.4.1, Tenant shall not be required to relocate to the Relocation Site until Tenant has obtained

applicable Governmental Approvals to operate at the Relocation Site.

8.4.2 Relocation Necessitated by District Modifications. Tenant shall, at

Tenant’s sole expense, relocate the Antenna Facilities and Electronic Equipment, or any part

thereof, to Relocation Site or take other actions as reasonably directed by District where such

action is necessary due to District Modifications.

8.4.2.1 Time to Propose Relocation Site. Tenant will have ninety (90)

days from the date of receipt of written notice from the District to, in cooperation with District

and any other District tenants similarly situated, identify a technologically feasible Relocation

Site and to provide District with written notice of the location and dimensions of the proposed

Relocation Site or take other needed actions.

8.4.2.2 Option to Termination. At any time within the ninety (90) day

period following Tenant’s receipt of notice, Tenant may, upon thirty (30) days written notice to

District terminate this Lease, in which instance Tenant agrees to pay all costs and expenses for

decommissioning the Antennas and Equipment.

8.4.2.3 Failure to Propose Relocation Site. If Tenant fails to propose a

technologically feasible Relocation Site for District’s consideration within ninety (90) days, then

either District or Tenant may, upon thirty (30) days written notice to the other, terminate this

Agreement. In the case of such a termination, Tenant shall pay all costs and expenses associated

with decommissioning the Antennas and Equipment.

8.4.2.4 Timing for Relocation. Tenant shall within (90) days after

execution of any Amendment concerning the Relocation, relocate its Facilities or take other

needed actions.

8.4.2.5 District’s Liability Arising From District Modifications. District

shall not be liable to Tenant for any harm to Tenant, the Antenna Facilities or Equipment

resulting from District Modifications undertaken pursuant to this Section 8.4.2.

8.4.2.6 Delay Due to Governmental Approvals. Notwithstanding

Sections 8.4.2, 8.4.2.1, and 8.4.2.4, Tenant shall not be required to relocate to the Relocation Site

until Tenant has obtained applicable Governmental Approvals to operate at the Relocation Site.

8.4.3 Temporary Siting. If Tenant is required to relocate under subsection 8.4.1

or 8.4.2, District may require Tenant, at Tenant’s sole cost and expense, temporarily relocate

Tenant’s Facilities, or any part thereof, to a Temporary Site on the Property prior to its relocation

to the Relocation Site; provided, that (i) such temporary relocation site is technologically feasible

for Tenant’s operations in Tenant’s reasonable discretion, and (ii) Tenant and District agree, in

ITEM # 10 107

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writing, upon the location of the Temporary Site. To the extent feasible, District will permit Tenant

to place temporary antenna facilities (Cell on Wheels or similar installation) on Property or at

some other location acceptable to District and Tenant during such relocation.

8.4.4 References to Facilities Following Relocation. Upon relocation of

Tenant’s Antennas or Equipment, or any part thereof, to a Relocation Site or, where applicable, a

Temporary Site, all references to the Facilities herein shall be deemed to be references to the

Relocation Site or the Temporary Site, as the case may be. District and Tenant hereby agree that

the Relocation Site and the Temporary Site, if any, (including any access easements and utility

right-of-way located on the Property) may be surveyed at District or Tenant’s request by a licensed

surveyor at the sole cost and expense of Tenant, and such survey shall then replace Exhibit B and

become a part hereof and shall control or describe the Premises.

8.4.5 Except as expressly provided by this Agreement or subsequent

Amendment, Relocation under this subsection 8.4 does not affect, alter, modify or otherwise

change any of the terms and conditions of this Lease.

9. Other Providers.

9.1 Tenant may use the Antennas, Equipment and Premises only for the transmission

and reception of its communication signals. It shall not lease, license or otherwise allow the use of

the Antennas, Equipment or Premises by other unaffiliated providers of licensed or unlicensed

telecommunications services ("Other Providers").

9.2 This Lease does not restrict or prevent District from leasing other portions of the

Property to Other Providers, such as for their antennas or communications facilities and related

equipment.

10. Early Termination. Except as otherwise provided herein, this Agreement may be

terminated, without any penalty or further liability as follows:

10.1 Upon ninety (90) days written notice by Tenant, if (i) Tenant is unable to obtain,

maintain, or otherwise forfeits, cancels or has been canceled, or allows to expire without renewing

any Governmental Approval or authorization required for Tenant's use of the Premises and

Antennas or necessary for the installation and/or operation of the Antennas and Equipment; or (ii)

if Tenant in its sole discretion determines that the Premises is obsolete or unnecessary.

10.2 Upon ninety (90) days written notice by Tenant if destruction or damage to the

Facilities by persons or forces beyond Tenants' reasonable control substantially and adversely

affects their effective use;

10.3 Upon one hundred eighty (180) days written notice by District if this Agreement or

Tenant's operations thereunder prevent financing (such as the issuance of bonds or revenue bonds,

including bonds whose income is generally exempt from Federal income tax under the U.S.

Internal Revenue Code), by District or any municipal utility of which the Property is a part;

10.4 Upon one hundred eighty (180) days written notice by District of the District’s

determination that: (i) the Facilities are needed by District or another public entity for public

ITEM #10108

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purposes; or, (ii) that the Tenant’s Antennas or Equipment interfere with the District’s current or

prospective use of the Property or Premises for public purposes, including, without limitation,

interfering with District’s operation, use, expansion, repair or maintenance of the Water Reservoir

or Property or the ability of the District to provide water service to its customers and Tenant has

been unwilling or unable to satisfactorily mitigate such interference.

10.4.1 Prior to exercising its termination right under Section 10.4, the District will

first make a good faith and commercially reasonable effort to work cooperatively with Tenant to

reach an agreement by which the Facilities are allowed to remain on the Property. The failure of to

reach an agreement following such an effort shall not constitute a basis for any claim by Tenant

against the District.

10.4.2 In the event District terminates this Lease pursuant to this subsection 10.4,

Tenant shall be permitted to install a temporary facility on the Property in a location reasonably

approved by District until such time as a replacement site for Tenant is operational. During such

time, Tenant shall continue to pay Rent in accordance with Section 5, above.

11. Default and Right to Cure.

11.1 Notwithstanding anything contained herein to the contrary and without waiving

any other rights granted to it at law or in equity, each Party shall have the right, but not the

obligation, to terminate this Lease on written notice pursuant to Section 15 hereof (and, if

applicable, pursuant to subsection 18.2) to take effect immediately, if the other Party (i) fails to

perform any material covenant for a period of thirty (30) days after receipt of written notice thereof

to cure or (ii) commits a material breach of this Lease and fails to diligently pursue such cure to its

completion within sixty (60) days following receipt of written notice from the non-defaulting

Party; provided that such defaulting Party shall have such additional time as necessary in the event

the defaulting Party commences a cure within such thirty (30) day or sixty (60) day period, as

applicable, and prosecutes to completion.

11.2 Tenant shall be in default if it (i) fails to make any payment of Rent or other sums to

District when due, and does not cure such default within ten (10) days after receipt of written

notice from District of such failure; (ii) abandons the Electronic Equipment or Antennas or vacates

the Premises; (iii) is adjudicated as bankrupt or makes any assignment for the benefit of creditors;

or (iv) if Tenant becomes insolvent.

11.3 In the event of a default, District shall have the right, at its option, in addition to and

not exclusive of any other remedy District may have by operation of law, without any further

demand or notice, to enter the Facilities and eject all persons there from, and either:

11.3.1 Terminate this Agreement, in which event Tenant shall immediately

remove the Electronic Equipment and Antennas (and proceed as set forth in Section 10) and pay

District a sum of money equal to the total of (i) the amount of the unpaid Rent accrued through the

date of termination; (ii) the amount by which the unpaid Rent reserved for the balance of the Term

exceeds the amount of such rental loss to District that could be reasonably avoided (net of the costs

of such reletting); and (iii) any other amount necessary to compensate District for all detriment

caused by Tenant's failure to perform its obligations under the Agreement.

ITEM # 10 109

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11.3.2 Without terminating this Agreement, take control of the Facilities and relet

the Facilities, or any part thereof, for the account of Tenant upon such terms and conditions as

District may deem advisable, and any monies received from such reletting shall be applied first to

the expenses of such reletting and collection, including reasonable attorneys' fees, any real estate

commissions paid, and thereafter toward payment of all sums due or to become due District

hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges,

Tenant shall pay District any deficiency monthly, notwithstanding that District may have received

rental payments in excess of the rental stipulated in this Agreement in previous or subsequent

months, and District may bring an action therefore as such monthly deficiency shall arise.

11.4 No entry and taking possession of the Premises by District shall be construed as an

election on District's part to terminate this Agreement, regardless of the extent of renovations and

alterations by District, unless a written notice of such intention is given to Tenant by District.

Notwithstanding any reletting without termination, District may at any time thereafter elect to

terminate this Agreement for such previous breach.

11.5 If suit shall be brought by District for recovery of possession of the Facilities,

removal of the Facilities, recovery of any Rent, or any other amount due under the provisions of

this Agreement, or because of the breach of any other covenant, Tenant shall pay to the District all

expenses incurred therefore, including reasonable attorney fees.

11.6 In the event of any default of this Agreement by Tenant or the District, the

non-defaulting Party may at any time, after notice and a cure period is provided as set forth in

subsection 11.1 above, cure the default for the account of and at the expense of the defaulting

Party. If non-defaulting Party is compelled to pay or elects to pay any sum of money or to do any

act which will require the payment of any sum of money or is compelled to incur any expense,

including reasonable attorney fees in instituting, prosecuting or defending any action to enforce

the non-defaulting Party’s rights under this Lease, the sums so paid by the non-defaulting Party,

with all interest, costs and damages shall be paid by the defaulting Party within thirty (30) days of

receipt of an invoice and supporting documentation.

12. Condemnation. At any time the Property title, or the right to control or to occupy the

Premises or Property transfers to a condemning authority, pursuant to a taking of all or a portion of

the Premises or Property sufficient to render the Premises or Property unsuitable for Tenant’s use.

District and Tenant shall each be entitled to pursue their own separate awards with respect to such

taking. Sale of all or part of the Premises or Property to a purchaser with the power of eminent

domain in the face of the exercise of the power shall be treated as a taking by condemnation.

13. Taxes. Tenant shall pay any personal property tax, real property tax, franchise fee,

franchise tax, business fee, business tax or any other tax or fee which is attributable to Tenant’s

leasehold estate, the presence or installation of the Tenant's Electronic Equipment or Antennas, or

Tenant's presence or operations on the Property. District hereby grants to Tenant the right (with

written notice to District complying with Section 15 below) to challenge, whether in a court,

administrative proceeding, or other venue, on behalf of District and/or Tenant, any personal

property tax, real property tax or other fee or assessment that may affect Tenant. If District

receives notice of any personal property or real property tax assessment against the District, which

may affect Tenant and is directly attributable to Tenant's installation, District shall provide timely

ITEM #10110

21

notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such

assessment; such notice must comply with Section 15 below.

14. Insurance, Subrogation and Indemnification.

14.1 Tenant shall provide commercial general liability insurance in the amount of Five

Million and no/100 Dollars ($5,000,000) per occurrence for bodily injury and property damage

and Five Million and No/100 Dollars ($5,000,000) general aggregate; “All Risk” property

insurance for its property replacements costs; and statutory Worker’s Compensation Insurance in

compliance with the statutory requirements of the state of operation and Employer’s Liability

Insurance with a limit of One Million and No/100 Dollars ($1,000,000) each

accident/disease/policy limit; and Automobile liability insurance covering all owned, hired, and

non-owned vehicles in use by Tenant and its employees with a combined single limit of Two

Million and No/100 Dollars ($2,000,000) each accident for bodily injury and property damage.

District shall be included as an additional insured as their interest may appear under this Lease on

the commercial general liability and commercial automobile liability insurance and shall be

provided with a Certificate of Insurance as requested by District at the Effective Date of this Lease

and subsequently. Upon receipt of notice from its insurer, Tenant shall provide District with thirty

(30) day prior written notice of any termination of such policy. Tenant may satisfy this

requirement by obtaining the appropriate endorsement to any master policy of liability insurance

Tenant may maintain.

14.2 Tenant shall provide at the start of and during the period of any construction,

builders all-risk insurance, together with an installation floater or equivalent property coverage

covering cables, materials, machinery and supplies of any nature whatsoever which are to be used

in or incidental to the installation of the Electronic Equipment and Antennas. Upon completion of

the installation of the Electronic Equipment and Antennas, Tenant shall substitute for the

foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief

insurance on the Premises. The amount of insurance at all times shall be representative of the

insurable values installed or constructed.

14.3 Tenant shall require that each and every one of its contractors and their

subcontractors who perform work on the Premises or Property to carry, in full force and effect,

substantially the same coverage with substantially the same limits as required of Tenant. District

shall be included as an additional insured as their interest may appear under this Lease on the

commercial general liability and commercial automobile liability insurance and shall be provided

with a Certificate of Insurance on the first time the contractor performs work at the Property on

behalf of Tenant.

14.4 The commercial general liability and automobile liability policies required under

this Lease shall include District and any subsidiary entities of District, now existing or hereafter

created, and their respective officers, boards, commissions, trustees, employees and agents as

additional insureds as their interest may appear under this Lease (herein referred to as the

“Additional Insureds”). Each policy which adds Additional Insureds hereunder, shall contain

cross-liability wording.

14.5 Certificates of insurance for each insurance policy required to be obtained by

Tenant in compliance with this Section shall be filed and maintained with District annually during

ITEM # 10 111

22

the Term of the Lease. Tenant shall advise District as soon as possible of any claim or litigation

that may result in liability to District.

14.6 All insurance shall be effected under valid and enforceable policies, insured by

insurers licensed, authorized or permitted to do business by the State of California or (if allowed

by the laws of the State of California) surplus line carriers on the State of California Insurance

Commissioner’s approved list of companies qualified to do business in the State of California. All

insurance carriers and surplus line carriers shall be rated “A-:VII” or better by A.M. Best

Company.

14.7 Once during each calendar year during the Term of this Lease, District may review

the insurance coverages to be carried by Tenant. If District determines that higher limits of

coverage are reasonably necessary to protect the interests of District or the Additional Insureds,

Tenant shall be so notified and shall obtain the additional limits of insurance, at its sole cost and

expense, but each new limit shall not exceed the corresponding limit set forth in (a) above

escalated for inflation (computed according to the Consumer Price Index for All Urban

Consumers, All Items, All Areas, December 2005=100, with November 2006 as the base point).

14.8 District (if and to the extent allowed by law) and Tenant each agree to indemnify

and hold harmless the other Party from and against any and all claims, damages, cost and

expenses, including reasonable attorney fees, to the extent caused by or arising out of (i) the

negligent or grossly negligent acts or omissions by the indemnifying Party or the employees,

agents, contractors, licensees, tenants and/or subtenants of the indemnifying Party; (ii) a breach of

any obligation of the indemnifying Party under this Lease; (iii) any and all liability, obligation,

damages, penalties, claims, liens, costs, charges, losses and expenses (including, without

limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which

may be imposed upon, incurred by or be asserted against the indemnified Party by reason of any

act or omission of the indemnifying Party, its personnel, employees, agents, trustees, contractors

or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any

person or damage to, loss of or destruction of tangible or intangible property, libel, slander,

invasion of privacy and unauthorized use of any trademark, trade name, copyright, patent, service

mark or any other right of any person, firm or corporation, which may arise out of or be in any way

connected with the construction, installation, operation, maintenance, use or condition of the

Premises or the indemnifying Party’s failure to comply with any federal, state or local statute,

ordinance or regulation. Notwithstanding the preceding, District shall not at any time be liable for

injury or damage occurring to any person or property from any cause whatsoever arising out of

Tenant’s construction, maintenance, repair, use, operation, condition or dismantling of the

Electronic Equipment, Antennas or Premises, and Tenant hereby agrees to indemnify and hold

harmless the District against and from any claim asserted or liability imposed upon the District for

such injury or damage.

14.9 Notwithstanding the foregoing, indemnification under this Section 14 and Section

17 shall not extend to indirect, special, incidental or consequential damages, including, without

limitation, loss of profits, income or business opportunities to the indemnified Party or anyone

claiming through the indemnified Party. Notwithstanding anything to the contrary in this Lease,

the Parties hereby confirm that the provisions of this subsection 14.8 through 14.11 shall survive

the expiration or termination of this Lease.

ITEM #10112

23

14.10 In the event any action or proceeding shall be brought against a Party by reason of

any matter for which the Party is indemnified under this Section 14 or Section 17, the

indemnifying Party shall, upon notice from the indemnified Party, at the indemnifying Party’s sole

cost and expense, resist and defend the same with legal counsel mutually selected by the

indemnifying Party and indemnified Party; provided however, that the indemnifying Party shall

not admit liability in any such matter on behalf of the indemnified Party without the written

consent of the indemnified Party and provided further that the indemnified Party shall not admit

liability for, nor enter into any compromise or settlement of, any claim for which they are

indemnified hereunder, without the prior written consent of the indemnifying Party.

15. Notices.

15.1 All notices, requests, demands and other communications shall be in writing. All

notices, requests, demands, and other communications shall be sent via certified U.S. mail,

personally delivered, or sent by next-business-day delivery via a nationally recognized overnight

courier to the addresses set forth below. District or Tenant may from time to time designate any

other address for this purpose by providing written notice to the other Party. Notice shall be

effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing.

If to Tenant, to:

Los Angeles SMSA Limited Partnership,

dba Verizon Wireless

180 Washington Valley Road

Bedminster, New Jersey 07921

Attention: Network Real Estate

Site: Oak Park

If to District, to:

Triunfo Sanitation District

c/o Mark Norris

1001 Partridge Drive, Suite 150

Ventura, CA 93003

With a copy to:

Arnold LaRochelle Mathews VanConas &

Zirbel, LLP

c/o Robert Congelliere

300 Esplanade Drive, Suite 2100

Oxnard, CA 93036

15.2 Notice for all operational and emergency contacts shall initially be as follows.

District and Tenant shall each notify the other as the following change from time to time:

If to Tenant, to:

General operational matters:

Los Angeles SMSA Limited Partnership,

dba Verizon Wireless

180 Washington Valley Road

Bedminster, New Jersey 07921

Attention: Network Real Estate

Emergency services contact:

Network operations center – (800) 621-2622

ITEM # 10 113

24

If to District, to:

General operational matters:

Triunfo Sanitation District

c/o Mark Norris

1001 Partridge Drive, Suite 150

Ventura, CA 93003

16. Quiet Enjoyment, Title, and Authority. District covenants and warrants to Tenant that

(i) District has full right, power and authority to execute this Agreement; (ii) it has title to the

Property free and clear of any liens or mortgages, except those disclosed to Tenant, of record, or

which will not interfere with Tenant's rights to or use of the Premises; and (iii) execution and

performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions

of any mortgage, lease, or other contract binding on District. District covenants that at all times

during the Term of this Agreement, Tenant's quiet enjoyment of the Premises or any part thereof

shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure

period.

17. Environmental Laws.

17.1 Hazardous Substances. Tenant shall not introduce or use any Hazardous

Substance on the Property in violation of any applicable law. Tenant agrees to defend, indemnify

and hold harmless District from and against any and all administrative and judicial actions and

rulings, claims, causes of action, demands and liability including, but not limited to, damages,

costs, expenses, assessments, penalties, fines, losses, judgments and reasonable attorney fees that

the District may suffer or incur due to the existence or discovery of any Hazardous Substances on

the Property or the migration of any Hazardous Substance to other properties or the release of any

Hazardous Substance into the environment, to the extent arising from Tenant’s activities, or those

of its officers, agents, affiliates, contractors and subcontractors and employees, except to the extent

caused by the negligence or willful misconduct of the District, or its employees, contractors or

agents. The indemnification in this section specifically includes, without limitation, costs incurred

in connection with any investigation of site conditions or any cleanup, remedial, removal or

restoration work required by any governmental authority. Tenant shall not be liable for or

responsible for addressing any release of Hazardous Substances that otherwise did not result from

the activities of Tenant. This Section 17 shall survive the termination or expiration of this

Agreement.

17.2 District’s Obligations. District will be responsible for all obligations of

compliance with any and all environmental and industrial hygiene laws applicable to the Property.

17.3 Tenant’s Obligations. Notwithstanding Section 17.2, Tenant will be responsible

for all obligations of compliance with any and all environmental and industrial hygiene laws

applicable to its operations and its Facilities.

18. Assignment and Change in Control.

ITEM #10114

25

18.1 Assignment and Change in Control Resulting From Merger. Tenant shall have

the right to assign or otherwise transfer this Agreement to any person or business entity which (i)

holds a currently valid FCC license to provide to the public from the Property what are commonly

known as cellular telephone services that acquires all or substantially all of Tenant’s assets in the

market defined by the Federal Communications Commission in which the Property is located by

reason of a merger, acquisition or other business reorganization, or (ii) is a parent, principal,

subsidiary or affiliate of Tenant, is merged or consolidated with Tenant or purchases more than

fifty percent (50%) of either an ownership interest in Tenant or the assets of Tenant in the

"Metropolitan Trading Area" or "Basic Trading Area" (as those terms are defined by the FCC) in

which the Property is located. Such assignment or transfer shall require notice to District, but

consent is not required.

18.2 Assignment and Change In Control Not Resulting From Merger. As to other

parties, this Agreement may not be sold, assigned or transferred without the written consent of the

District, which such consent will not be unreasonably withheld, delayed or conditioned. If any

assignee or transferee accepts this Agreement in full, without amendments or changes thereto,

steps into the shoes of Tenant, including being responsible and liable for events or defaults which

occurred prior to the assignment, and cures any outstanding defaults, then Tenant shall be relieved

of all liabilities and obligations hereunder and District shall look solely to the assignee or

transferee for performance under this Agreement and all obligations hereunder.

18.3 Additionally, Tenant may, upon notice to District, mortgage or grant a security

interest in this Agreement and the Equipment, and may assign this Agreement and the Equipment,

to any bona fide mortgagees or holders of security interests, including their successors or assigns

(collectively "Mortgagees"), provided such Mortgagees agree to be bound by the terms and

provisions of this Agreement. In such event, District shall execute such consent to leasehold

financing as may reasonably be required by Mortgagees. District agrees to notify Tenant and

Tenant’s Mortgagees simultaneously of any default by Tenant and to give Mortgagees the same

right to cure any default as Tenant or to remove any property of Tenant or Mortgagees located on

the Premises, except that the cure period for any Mortgagees shall not be less than thirty (30) days

after receipt of the default notice, as provided in Section 11 of this Agreement. All such notices to

Mortgagees shall be sent to Mortgagees at the address specified by Tenant. Failure by District to

give Mortgagees such notice shall not diminish District's rights against Tenant, but shall preserve

all rights of Mortgagees to cure any default and to remove any property of Tenant or Mortgagees

located on the Premises as provided in Section 20 of this Agreement.

18.4 Any person or entity to which this Agreement is assigned pursuant to the provisions

of the Bankruptcy Code, 11 USC Sections 101, et seq., shall be deemed without further act to have

assumed all of the obligations of Tenant arising under this Agreement both before and after the

date of such assignment. Any such assignee shall upon demand execute and deliver to District an

instrument confirming such assumption. Any monies or other considerations payable or otherwise

to be delivered in connection with such assignment shall be paid to District, shall be the exclusive

property of District, and shall not constitute property of the Tenant or of the estate of Tenant within

the meaning of the Bankruptcy Code. Any monies or other considerations constituting District's

property under the preceding sentence not paid or delivered to District shall be held in trust for the

benefit of District and be promptly paid to District.

ITEM # 10 115

26

18.5 District may assign or transfer this Agreement in connection with a sale of the

Property, and, upon written notice to Tenant of such assignment, shall be relieved of all liabilities

and obligations hereunder arising following the date of such transfer provided that such assignee

or transferee agrees in writing to fulfill the duties and obligations of the District in said Agreement.

19. Successors and Assigns. This Agreement and the easements granted herein shall run with

the land, and shall be binding upon and inure to the benefit of the Parties, their respective

successors, personal representatives and assigns.

20. Waiver of District's Lien. District hereby waives any and all lien rights it may have,

statutory or otherwise, concerning the Electronic Equipment and Antennas or any portion thereof,

which shall be deemed personal property for the purposes of this Agreement, whether or not the

same is deemed real or personal property under applicable laws, and District gives Tenant the right

to remove all or any portion of the same from time to time, whether before or after a default under

this Agreement, in Tenant’s sole discretion and without District’s consent. Should Tenant fail to

remove its Electronic Equipment and Antennas as required by this Agreement, then the waiver of

lien rights is void.

21. Dispute Resolution.

21.1 Except as otherwise provided in this Agreement, any controversy between the

Parties arising out of this Agreement or breach thereof, is subject to the mediation process

described below.

21.2 A meeting will be held promptly between the Parties to attempt in good faith to

negotiate a resolution of the dispute. Individuals with decision making authority (or, in the case of

a District which is a public body, the authority to recommend decisions to District's Board or

legislative body) will attend the meeting regarding the dispute. If within twenty (20) days after

such meeting the Parties have not succeeded in resolving the dispute (subject to approval by

District's Board or legislative body), they will, within twenty (20) days thereafter submit the

dispute to a mutually acceptable third Party mediator who is acquainted with dispute resolution

methods. District and Tenant will participate in good faith in the mediation and in the mediation

process. The mediation shall be nonbinding. Neither Party is entitled to seek or recover punitive

damages in considering or fixing any award under these proceedings.

21.3 The costs of mediation, including any mediator's fees, and costs for the use of the

facilities during the meetings, shall be born equally by the Parties. Each Party’s costs and expenses

will be born by the Party incurring them.

22. Treatment in Bankruptcy. The Parties to this Agreement hereby expressly agree and

acknowledge that it is the intention of both Parties that in the event that during the Term of this

Agreement Tenant shall become a debtor in any voluntary or involuntary bankruptcy proceeding

(a “Proceeding”) under the United States Bankruptcy Code, 11 U.S.C. § 101, et seq. (the “Code”),

this Agreement is and shall be treated as an “unexpired lease of nonresidential real property” for

purposes of Section 365 of the Code, 11 U.S.C. § 365, and, accordingly, shall be subject to the

provisions of subsections (d)(3) and (d)(4) of said Section 365.

ITEM #10116

27

23. Force Majeure. If a Party is delayed or hindered in, or prevented from the performance

required under this Agreement (except for payment of monetary obligations) by reason of

earthquakes, landslides, strikes, lockouts, labor troubles, failure of power, riots, insurrections, war,

acts of God or other reasons of like nature, not the fault of the Party delayed in performing work or

doing acts, and where reasonable measures by such Party could not have avoided or mitigated the

effects of such acts, then such Party is excused from such performance for the period of delay. The

period for the performance of any such act shall then be extended for the period of such delay. In

the event that Tenant invokes this provision because damage to the Equipment has hindered,

delayed, or prevented Tenant from using the Facilities, Tenant may erect a Temporary Site at such

location as District and Tenant may agree as is necessary to resume service, provided that such

Temporary Site does not unreasonably interfere with District’s use of the Property or ability to

repair or restore the Property.

24. Non-Waiver. Failure of District to insist on strict performance of any of the conditions,

covenants, terms or provisions of this Agreement or to exercise any of its rights hereunder shall not

waive such rights, but District shall have the rights to enforce such rights at any time and take such

action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum

paid by Tenant to District after a breach of this Agreement shall not be deemed a waiver of such

breach unless expressly set forth in writing.

25. Miscellaneous.

25.1 Each Party agrees to furnish to the other, within thirty (30) days after receipt of a

request, such truthful estoppel information as the other may reasonably request.

25.2 This Agreement constitutes the entire agreement and understanding of the Parties,

and supersedes all offers, negotiations and other agreements. There are no representations or

understandings of any kind not set forth herein.

25.3 Each Party agrees to cooperate with the other in executing any documents

(including a Memorandum of Lease in substantially the form attached hereto as Exhibit C)

necessary to protect its rights or use of the Facilities or Property. The Memorandum of Lease may

be recorded in place of this Agreement by either Party. In the event the Property is encumbered by

a mortgage or deed of trust, District agrees, upon request of Tenant, to use reasonable efforts to

obtain and furnish to Tenant a non-disturbance and attornment agreement for each such mortgage

or deed of trust, in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its

interest in the Premises. District agrees to execute such documents as the title company may

reasonably require in connection therewith.

25.4 This Agreement shall be construed in accordance with the laws of the State of

California without regard to its choice or conflict of laws provisions.

25.5 The venue for all litigation, causes of action, claims or proceedings related to or

arising in whole or in part out of this Agreement shall be the Superior Court of Ventura County,

California.

25.6 If any term of this Agreement is found to be void or invalid, such finding shall not

affect the remaining terms of this Agreement, which shall continue in full force and effect. The

ITEM # 10 117

28

Parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to

the extent necessary to make them enforceable. Any questions of particular interpretation shall not

be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. No

provision of this Agreement will be deemed waived by either Party unless expressly waived in

writing signed by the waiving Party. No waiver shall be implied by delay or any other act or

omission of either Party. No waiver by either Party of any provision of this Agreement shall be

deemed a waiver of such provision with respect to any subsequent matter relating to such

provision.

25.7 Notwithstanding anything to the contrary in this Agreement, Tenant and District

individually and for their successors and assigns each waives any claims that each may have

against the other with respect to indirect, consequential, incidental or special damages.

25.8 The persons who have executed this Agreement represent and warrant that they are

duly authorized to execute this Agreement in their individual or representative capacity as

indicated.

25.9 This Agreement may be executed in any number of counterpart copies, each of

which shall be deemed an original, but all of which together shall constitute a single instrument.

25.10 All Exhibits referred to herein or attached hereto are incorporated herein for all

purposes.

25.11 If the District is represented by any broker or any other leasing agent, the District is

responsible for all commission fees or other payment to such agent, and agrees to indemnify and

hold Tenant harmless from all claims by such broker or anyone claiming through such broker. If

Tenant is represented by any broker or any other leasing agent, Tenant is responsible for all

commission fees or other payment to such agent, and agrees to indemnify and hold District

harmless from all claims by such broker or anyone claiming through such broker.

25.12 District hereby expressly disclaims all Warranties of Merchantability and Fitness

for a Particular Purpose associated with the Facilities. Tenant accepts the Facilities “As Is.”

26. Recitals. The Recitals set forth above are true and correct and are hereby incorporated in

and made part of this Agreement.

[Reminder of Page Intentionally Left Blank]

ITEM #10118

1

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and

year first above written.

DISTRICT:

TRIUNFO SANITATION DISTRICT,

a sanitation district formed pursuant to

California Health and Safety Code Section 4700 et seq.

By:

Name:

Title:

Date:

TENANT:

Los Angeles SMSA Limited Partnership, dba

Verizon Wireless

By: AirTouch Cellular Inc. Its: General Partner

By:

Name:

Title:

Date:

ITEM # 10 119

EXHIBIT A

Legal Description of Parent Parcel Owned by District

The Property is legally described as follows:

ITEM #10120

EXHIBIT B

Site Plans

INCLUDING ANTENNAS AND ELECTRONIC EQUIPMENT

AND

LEGAL DESCRIPTION OF THE PREMISES

AND OF THE

UTILITIES AND ACCESS EASEMENTS ON THE PROPERTY

ITEM # 10 121

ITEM #10122

ITEM # 10 123

ITEM #10124

ITEM # 10 125

ITEM #10126

EXHIBIT C

Memorandum

of

Lease

RECORDING REQUESTED BY

AND WHEN RECORDED RETURN TO:

McGuireWoods LLP

1800 Century Park East, 8th

Floor

Los Angeles, CA 90067

Attention: Charlotte Pashley, Esq. (Space above this line for Recorder’s use.)

DTT= $0, Term less than 35 years

MEMORANDUM OF COMMUNICATIONS SITE LEASE AGREEMENT

THIS MEMORANDUM OF COMMUNICATIONS SITE LEASE AGREEMENT

(“Memorandum”) evidences that a Communications Site Lease Agreement was entered into as of

June 1, 2016 (the “Agreement”), by and between Triunfo Sanitation District, a sanitation district

formed pursuant to California Health and Safety Code Section 4700 et seq., with its offices located

at 1001 Partridge drive, Suite 150, Ventura, California, 93003-5562 (“District”) as lessor, and Los

Angeles SMSA Limited Partnership, dba Verizon Wireless, with its principal office located at One

Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (“Tenant”) as Tenant.

District and Tenant are at times collectively referred to hereinafter as the “Parties” or individually

as the “Party.”

1. District and Tenant entered into a Communications Site Lease Agreement ("Agreement")

on June 1, 2016 for an initial term of five (5) years, commencing on the Commencement

Date as defined in the Agreement. The Agreement shall be extended for four (4) additional

five (5) year terms. The total guaranteed term of the Agreement is less than 35 years.

2. District is the owner of that certain parcel of property located at 4996 Kilburn, Oak Park,

California, which is legally described on Exhibit "A" attached hereto and made a part hereof

(the entirety of the property is referred to hereinafter as the “Property”). Pursuant to the

Agreement, Tenant will lease a portion of the Property, as more particularly described in the

Agreement, together with the non-exclusive right for ingress and egress, seven (7) days a

week twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the

installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or

along a right-of-way extending from the nearest public right-of-way to the demised premises.

3. The Agreement shall commence on the date specified in the Agreement.

ITEM # 10 127

4. The terms, covenants and provisions of the Agreement, the terms of which are hereby

incorporated by reference into this Memorandum, shall extend to and be binding upon the

respective executors, administrators, heirs, successors and assigns of District and Tenant.

IN WITNESS WHEREOF, District and Tenant have duly executed this Communications

Site Lease Agreement as of the day and year first above written.

“Tenant” “District” Los Angeles SMSA Limited Partnership, TRIUNFO SANITATION DISTRICT, dba Verizon Wireless a sanitation district formed pursuant to

California Health and Safety Code Section 4700 et seq.

By: AirTouch Cellular Inc., its General Partner By: ______________________________

Name: ____________________________ Title: _____________________________

By: ________________________________ Date: _____________________________

Name: ______________________________

Title: ______________________________

Date: ______________________________

ITEM #10128

LESSOR ACKNOWLEDGMENT

STATE OF CALIFORNIA )

)

COUNTY OF _______________ )

On ____________________, before me, ______________________________, personally

appeared ___________________________________, who proved to me on the basis of

satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument

and acknowledged to me that he/she/they executed the same in his/her/their authorized

capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity

upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the

foregoing paragraph is true and correct.

WITNESS my hand and official seal.

______________________________________

Notary Public

(Seal)

LESSEE ACKNOWLEDGMENT

State of California )

)

County of Orange )

On __________________ before me, , Notary Public,

personally appeared ___________________, who proved to me on the basis of satisfactory

evidence to be the person whose name is subscribed to the within instrument and acknowledged to

me that he executed the same in his authorized capacity, and that by his signature on the instrument

the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the

foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_____________________________

Signature of Notary Public Place Notary Seal Above

A notary public or other officer completing this certificate verifies only the identity of the

individual who signed the document to which this certificate is attached, and not the truthfulness,

accuracy, or validity of that document.

A notary public or other officer completing this certificate verifies only the identity of the

individual who signed the document to which this certificate is attached, and not the truthfulness,

accuracy, or validity of that document.

ITEM # 10 129

Exhibit A

Legal Description

ITEM #10130

ITEM # 11 131


ITEM #11132

ITEM # 11 133

ITEM #11134

ITEM # 11 135

ITEM #11136

ITEM # 11 137


ITEM #11138

ITEM # 12 139

ITEM #12140

ITEM # 12 141

ITEM #12142

ITEM # 12 143

ITEM #12144

ITEM # 12 145


ITEM #12146

ITEM # 13 147

ITEM #13148

ITEM # 14 149


ITEM #14150

ITEM # 15 151


ITEM #15152

Page 1 of 4

CHECK # CHECK AMT CHECK DATE

DIST AMT008817 $76.42 2/8/2018

$20.67 JAN 18 - 62 BUCKSKIN RD LONG DISTANCE$55.75 JAN 18 - OAK CANYON PROJECT HOTLINE

008818 $94.00 2/8/2018JAN 18 - U VERSE TSD PW OPERATIONS

008819 $35.00 2/8/20182018 WATERWISE BREAKFAST SERIES

008820 $793.30 2/8/2018$19.82 12/19 - 1/16 - 62 BUCKSKIN RD$24.31 12/19 - 1/16 - WASTEWATER LIFT STATION 3A

$749.17 12/19 - 1/16 - WASTEWATER LIFT STATION 3

008821 $1,303.84 2/8/201810/01 - 12/31 CROSS CONNECTION

008822 $334.95 2/8/2018REFUND - SENT TO TSD IN ERROR

008823 $304.92 2/8/2018REFUND OPWS CREDIT BALANCE

008824 $145.98 2/8/2018FEB 18 - WASTE MANAGEMENT SERVICES

008825 $251.62 2/8/2018REFUND OPWS CUSTOMER OVERPAYMENT

008826 $3,007.47 2/8/2018$2,874.42 JAN 18 - OPWS STATEMENTS

$133.05 JAN 18 - OPWS RW RATE INCREASE

008827 $55.00 2/8/2018VCSDA ANNUAL MEETING - ORKNEY



GI INDUSTRIES

MICHAEL HOYT

MAIL MANAGER, INC.

KARINA TIWANA

CORISSA RAE

AT&T

AWA

COUNTY OF VENTURA

COUNTY OF VENTURA

CONEJO VALLEY UNIFIED SCHOOL DISTRICT

PAUL DUMPEL

TRIUNFO SANITATION DISTRICTDISBURSEMENTS2/1/18-2/28/18

VENDOR NAME

DESCRIPTIONAT&T

VCSDA

ITEM # 16 153

Page 2 of 4


DIST AMT


VENDOR NAME

DESCRIPTION008830 $36.97 2/8/2018

REFUND OPWS CREDIT BALANCE









008839 $103.29 2/15/2018JAN 18 - MASTER BILL

008840 $4.64 2/15/2018FEB 18 - OPWS DIRECTORY AD

008841 $1,231.91 2/15/2018REFUND OPWS CREDIT BALANCE

008842 $377.36 2/15/2018$211.91 FEB 18 - TSD WASTEWATER 56K NETWORK SCADA OP$60.68 FEB 18 - THOUSAND OAKS TELEPHONE/MAINTENANCE$52.35 FEB 18 - 654 LAKE SHERWOOD DR.$52.42 FEB 18 - LAKE SHERWOOD STAFFORD RD.

008843 $3,682.50 2/15/2018JAN 18 - TSD HYDRAULIC MODELKEH & ASSOCIATES, INC

DENNIS MANIZZA

MINA NAMINI

AT&T

AT&T

TIMOTHY CHENEY

FRONTIER COMMUNICATIONS

HENRY EMMA

SENSHU YE

GEORGE GROHS

AMIR JAFARI

BREANNA SCOTT

JENNIFER NEWHART

DAVID JOSEPH VILLATA

ITEM #16154

Page 3 of 4


DIST AMT


VENDOR NAME

DESCRIPTION008844 $466,148.16 2/15/2018

$457,135.50 DEC 17 - JPA$5,669.94 JAN 18 - LAKE SHERWOOD$3,342.72 JAN 18 - OAK PARK

008845 $121.95 2/15/2018FEB 18 - 800# FOR OPWS CUSTOMERS

ACH TXF $1,834.61 2/28/20182/28/18 - DEFERRED COMP

EFT00000000000000652 $300,857.67 2/1/2018LOAN PAYMENT - CONIFER TANK

EFT00000000000000653 $415.53 2/1/20182018 CASA CONFERENCE

EFT00000000000000654 $488,698.83 2/9/2018LOAN PAYMENT - RW SYSTEM

EFT00000000000000655 $2,660.63 2/9/2018JAN 18 - CONSULTING SERVICES

EFT00000000000000656 $11,117.52 2/9/2018JAN 18 - MASTER BILL

EFT00000000000000657 $745.16 2/9/20182018 CASA CONFERENCE

EFT00000000000000658 $457,163.98 2/21/2018$3,276.00 JAN 18 - BCYN COLLECTION SYSTEM$2,508.35 JAN 18 - BCYN OPERATIONS

$28.97 JAN 18 - BCYN OPERATIONS ADMINISTRATION$265.65 JAN 18 - LAKESIDE LIFT STATION CIP

$8,692.00 JAN 18 - WW MAINTENANCE$2,267.23 JAN 18 - WW ADMINISTRATION

$477.00 JAN 18 - WW OPERATIONS EMERGENCY CALL-OUT$1,933.62 JAN 18 - FIXTURE COUNTS$6,775.03 JAN 18 - RW OPERATIONS$5,232.53 JAN 18 - RW ADMINISTRATON CUSTOMER SERVICE

$531.00 JAN 18 - RW OPERATIONS EMERGENCY CALL-OUT$17,045.79 JAN 18 - RW MAINTENANCE

$536.00 JAN 18 - RW ENGINEERING$9,743.05 JAN 18 - WW OPERATIONS$1,416.00 JAN 18 - PW OPERATIONS CALL-OUT$3,135.00 JAN 18 - PW CUST SERVICE EMERGENCY CALL-OUT

$200.06 JAN 18 - PW OPERATIONS METER READINGS

LAS VIRGENES MUNICIPAL WATER DISTRICT

LINCOLN NATIONAL

BANC OF AMERICA LEASING

JANNA ORKNEY

BANC OF AMERICA LEASING

MCI

LINDA MOYER

SOUTHERN CALIFORNIA EDISON

RAYMOND TJULANDER

VENTURA REGIONAL SANITATION DISTRICT

ITEM # 16 155

Page 4 of 4


DIST AMT


VENDOR NAME

DESCRIPTION$2,413.00 JAN 18 - PW MAINTENANCE SCADA/ELECT

$17,752.17 JAN 18 - PW PREVENTATIVE MAINTENANCE$171.00 JAN 18 - AUTO METER READINGS

$28,337.46 JAN 18 - PW CUSTOMER SERVICE$7,340.25 JAN 18 - PW CUSTOMER SERVICE FIELD$1,660.00 JAN 18 - PW OPERATIONS FIRE HYDRANT

$439.25 JAN 18 - PW OPERATIONS METER REPLACEMENT$12,837.81 JAN 18 - PW MAINTENANCE$3,083.93 JAN 18 - PW OPERATIONS WATER CONSERVATION

$54,931.66 JAN 18 - PW OPERATIONS$402.00 JAN 18 - PW ANODE CHECKS/LEAK

$1,969.68 JAN 18 - PW ENGINEERING PROJECTS$10,323.51 JAN 18 - PW OPERATIONS SYSTEM REPAIRS

$100.25 JAN 18 - PW EPG WATER CONSERVATION$6,909.51 JAN 18 - PW ENVIRONMENTAL PROGRAMS

$134.00 JAN 18 - WW EPG SEWER SYSTEM MANAGEMENT PLAN$618.50 JAN 18 - WW EPG SOURCE CONTROL

$107,768.65 JAN 18 - VRSD CENTRAL ADMINISTRATION$13,958.95 JAN 18 - WW ADMINISTRATION

$531.31 JAN 18 - JPA - IPR PROJECT$132.83 JAN 18 - ADMINISTRATION - 2107 TRENTHAM$531.31 JAN 18 - REGENCY RW PUMP STATION CIP$398.48 JAN 18 - NORTH SHORE GRAVITY SYSTEM

$82,227.25 JAN 18 - WW MAINTENANCE COLLECT SYSTEM$1,539.32 JAN 18 - ENGINEERING PROJECTS

$266.00 JAN 18 - NORTH SHORE TANK MAINTENANCE$36,322.62 JAN 18 - MANHOLE REHABILITATION

EFT00000000000000659 $2,305.50 2/23/2018$1,342.00 DEC 17 - PROFESSIONAL SERVICES

$281.50 DEC 17 - PROFESSIONAL SERVICES$682.00 DEC 17 - PROFESSIONAL SERVICES

EFT00000000000000660 $250,828.70 2/23/2018JAN 18 - POTABLE WATER

TOTAL $1,995,170.30

ARNOLD BLEUEL LAROCHELLE MATHEWS & ZIRBEL LLP.

CALLEGUAS MUNICIPAL WATER DISTRICT

ITEM #16156

ITEM # 16 157

ITEM #16158

ITEM # 16 159

ITEM #16160

ITEM # 16 161

ITEM #16162

ITEM # 16 163

ITEM #16164

ITEM # 16 165

ITEM #16166

ITEM # 16 167

ITEM #16168

ITEM # 16 169

ITEM #16170

ITEM # 16 171

ITEM #16172

ITEM # 16 173

ITEM #16174

ITEM # 16 175

ITEM #16176

ITEM # 16 177

ITEM #16178

ITEM # 17 179


ITEM #17180

ITEM # 17 181


ITEM #17182

Month Penalties Door hangers Shut Off DepositsJul 481 117 5 1Aug 363 116 7 1Sep 313 109 7Oct 434 88 10 5Nov 399 111 12 11Dec 477 83 11 11Jan 404 118 13 6Feb 372 102 9 8MarAprMayJun**Doorhangers include payment arrang

Month Pen & Fees Shut Off Approved DisapprovedJul 21 3 24 0Aug 19 22 40 1Sep 14 17 31 0Oct 15 12 27 0Nov 19 12 31 0Dec 19 8 27 0Jan 10 16 26 0Feb 11 8 19 0Mar 0 0Apr 0 0May 0 0Jun 0 0**Pen & Fees includes credit for doorhanger-Adjmt will not show post until the last day of the month**Does not include Consumption or Write off

REQUESTS FOR PAYMENT EXTENSIONMonth Requested Approved ActiveJul 8 8 8Aug 7 7 8Sep 6 6 7Oct 13 13 14Nov 5 5 8Dec 10 10 12Jan 4 4 4Feb 9 9 5MarAprMayJun

PAYMENTUS ON-LINE PAYMENTMonth Phone On-line Total Staff Asst. E-billJul 221 1473 1,694 273 26Aug 178 1375 1,553 249 24Sep 200 1434 1,634 268 22Oct 236 1445 1,681 242 26Nov 185 1330 1,515 241 14Dec 221 1418 1,639 244 19Jan 198 1472 1,670 241 31Feb 189 1367 1,556 246 14Mar - Apr - May - Jun -

REQUESTS FOR BILLING ADJUSTMENTS

PENALTIES AND FEES ASSESSED

OAK PARK WATER SERVICE STATISTICSFY 17-18

0

100

200

300

400

500

600

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Penalties Door hangers Shut Off Deposits

0

5

10

15

20

25

30

35

40


Pen & Fees Shut Off

02468

101214161820


Requested Approved Active

0200400600800

100012001400160018002000


Phone On-line Total Staff Asst. E-bill

M:\New Finance\A-Oak Park Water\A NEW Worksheets\Stats FY\Stats FY18183


ITEM #18ITEM #18184

ITEM # 19 185

ITEM #19186

ITEM # 19 187

ITEM #19188

ITEM # 20 189

ITEM #20190

ITEM # 21 191


ITEM #21192

ITEM # 22 193


ITEM #22194

Revenue: Adjusted Budget Curent PeriodFiscal Year to

DateUnrealized

Revenue % RealizedSanitation Fees 8,212,841$ 674,444$ 5,574,259$ 2,638,582$ 67.9%Connection Fees Triunfo 80,000 805 28,405 51,595 35.5%Recycled Water 2,651,445 116,900 1,855,566 795,879 70.0%Potable Water 7,309,742 451,336 4,396,015 2,913,728 60.1%Water Meter Services 2,059,280 170,989 1,350,765 708,515 65.6%Interest Income 40,000 12,114 72,738 (32,738) 181.8%Revenue - Surcharges - - - - -Revenue - Violations - - - - -Other Services & Fees 224,164 16,780 158,676 65,488 70.8%

Total Revenue 20,577,472$ 1,443,366$ 13,436,424$ 7,141,048$ 65.3%

Expenses: Adjusted Budget Curent PeriodFiscal Year to

Date Encumbrances Available Budget%

CommittedWastewater Treatment 4,667,075$ 303,645$ 2,695,182$ -$ 1,971,893 57.7%Potable Water Purch. 3,973,407 251,941 2,323,136 - 1,650,271 58.5%Recycled Water Purch. 692,258 29,958 528,156 - 164,102 76.3%VRSD (Administration) 1,253,904 87,877 855,282 - 398,621 68.2%VRSD (Operations) 3,223,388 197,814 1,923,277 - 1,300,111 59.7%Professional Services 100,003 5,877 87,069 - 12,934 87.1%Depreciation/Amortization 1,318,521 126,308 1,010,477 - 308,044 76.6%Overhead cost allocation - - - - - -Joint Venture spending - - - - - -Tillman plant - - - - - -Debt service 698,561 - 408,572 - 289,989 58.5%Permits, fees, & other 368,464 28,500 193,842 - 174,622 52.6%Board member fees 73,328 4,462 34,041 - 39,287 46.4%General & Administrative 376,321 21,319 250,793 - 125,528 66.6%Outside Contractor Services - - - - - -

Total Expenses 16,745,228$ 1,057,699$ 10,309,828$ -$ 6,435,400$ 61.6%

Net Income/(Loss) before Capital 3,832,244$ 385,667$ 3,126,596$ -$ 705,648$ 81.6%

Capital Outlays (4,007,481) (7,564) (108,525) - (3,898,956) 2.7%

Increase/(Decrease) to Reserves (175,237)$ 378,103$ 3,018,071$ -$ (3,193,308)$ -1722.3%

TRIUNFO SANITATION DISTRICTFebruary 28, 2018

66.7%REVENUE AND EXPENSE REPORT

$0

$2,000,000

$4,000,000

$6,000,000

$8,000,000

$10,000,000

$12,000,000

$14,000,000

$16,000,000

$18,000,000

$20,000,000

$22,000,000


YTD REVENUE AND EXPENSE - EXCLUDING CAPITAL OUTLAYS

Rev (Actual) Rev (Budget) Exp (Actual) Exp (Budget)

ITEM # 24 195

Revenue: Adjusted Budget Curent Period Fiscal Year to DateUnrealized

Revenue % RealizedSanitation Fees -$ -$ -$ -$ -Connection Fees Triunfo - - - - -Recycled Water - - - - -Potable Water - - - - -Water Meter Services - - - - -Interest Income - - - - -Revenue - Surcharges - - - - -Revenue - Violations - - - - -Other Services & Fees - - - - -

Total Revenue -$ -$ -$ -$ -

Expenses: Adjusted Budget Curent Period Fiscal Year to Date Encumbrances Available Budget%

CommittedWastewater Treatment -$ -$ -$ -$ -$ -Potable Water Purch. - - - - - -Recycled Water Purch. - - - - - -VRSD (Administration) - - - - - -VRSD (Operations) - - - - - -Professional Services - 7,564 84,335 - (84,335) -Depreciation/Amortization - - - - - -Overhead cost allocation - - - - - -Joint Venture spending 2,467,481 - - - 2,467,481 0.0%Tillman plant - - - - - -Debt service - - - - - -Permits, fees, & other - - - - - -Board member fees - - - - - -General & Administrative - - - - - -Outside Contractor Services 1,540,000 - 24,190 0 1,515,810 1.6%

Total Expenses 4,007,481$ 7,564$ 108,525$ 0$ 3,898,956$ 2.7%

Increase/(Decrease) to Reserves (4,007,481)$ (7,564)$ (108,525)$ (0)$ (3,898,956)$ 2.7%


66.7%REVENUE AND EXPENSE REPORT - CAPITAL OUTLAYS

$0

$1,000,000

$2,000,000

$3,000,000

$4,000,000

$5,000,000

$6,000,000

$7,000,000

$8,000,000

$9,000,000

$10,000,000

$11,000,000

$12,000,000


YTD REVENUE AND EXPENSE - CAPITAL OUTLAYS

Exp (Actual) Exp (Budget)

ITEM #24196


DateUnrealized

Revenue % RealizedSanitation Fees -$ -$ -$ -$ -Connection Fees Triunfo - - - - -Recycled Water - - - - -Potable Water - - - - -Water Meter Services - - - - -Interest Income - - 38 (38) -Revenue - Surcharges - - - - -Revenue - Violations - - - - -Other Services & Fees - - - - -

Total Revenue -$ -$ 38$ (38)$ -


Date Encumbrances Available Budget % CommittedWastewater Treatment -$ -$ -$ -$ -$ -Potable Water Purch. - - - - - -Recycled Water Purch. - - - - - -VRSD (Administration) 727,140 61,146 556,297 - 170,843 76.5%VRSD (Operations) - - - - - -Professional Services 100,003 1,624 34,290 - 65,714 34.3%Depreciation/Amortization - - - - - -Overhead cost allocation (966,526) (80,544) (644,351) - (322,176) 66.7%Joint Venture spending - - - - - -Tillman plant - - - - - -Debt service - - - - - -Permits, fees, & other 12,971 - 9,906 - 3,065 76.4%Board member fees 62,678 4,462 34,041 - 28,637 54.3%General & Administrative 76,730 3,920 57,846 - 18,884 75.4%Outside Contractor Services - - - - - -

Total Expenses 12,996$ (9,393)$ 48,029$ -$ (35,033)$ 369.6%

Net Income/(Loss) before Capital (12,996)$ 9,393$ (47,991)$ -$ 34,995$ 369.3%

Capital Outlays - - - - - -

Increase/(Decrease) to Reserves (12,996)$ 9,393$ (47,991)$ -$ 34,995$ 369.3%


66.7%REVENUE AND EXPENSE REPORT - CENTRAL ADMINISTRATION

ITEM # 24 197


DateUnrealized

Revenue % RealizedSanitation Fees 8,212,841$ 674,444$ 5,574,259$ 2,638,582$ 67.9%Connection Fees Triunfo 80,000 805 28,405 51,595 35.5%Recycled Water - - - - -Potable Water - - - - -Water Meter Services - - - - -Interest Income 40,000 12,114 72,700 (32,700) 181.8%Revenue - Surcharges - - - - -Revenue - Violations - - - - -Other Services & Fees 40,000 250 18,581 21,419 46.5%

Total Revenue 8,372,841$ 687,612$ 5,693,945$ 2,678,896$ 68.0%



CommittedWastewater Treatment 4,667,075$ 303,645$ 2,695,182$ -$ 1,971,893$ 57.7%Potable Water Purch. - - - - - -Recycled Water Purch. - - - - - -VRSD (Administration) 201,853 5,321 74,532 - 127,321 36.9%VRSD (Operations) 1,606,110 96,779 998,211 - 607,898 62.2%Professional Services - (513) 11,330 - (11,330) -Depreciation/Amortization 431,777 28,020 224,157 - 207,620 51.9%Overhead cost allocation 392,157 32,680 261,438 - 130,719 66.7%Joint Venture spending - - - - - -Tillman plant - - - - - -Debt service - - - - - -Permits, fees, & other 196,771 23,253 121,302 - 75,470 61.6%Board member fees 10,650 - - - 10,650 0.0%General & Administrative 112,261 3,394 53,173 - 59,088 47.4%Outside Contractor Services - - - - - -

Total Expenses 7,618,654$ 492,577$ 4,439,324$ -$ 3,179,331$ 58.3%

Net Income/(Loss) before Capital 754,186$ 195,035$ 1,254,621$ -$ (500,434)$ 166.4%

Capital Outlays (3,363,975) (7,564) (89,671) - (3,274,304) 2.7%

Increase/(Decrease) to Reserves (2,609,789)$ 187,471$ 1,164,949$ -$ (3,774,738)$ -44.6%

4*99- Capitilized Assets not in above #REF!#REF!

ALL YTD BudgetELIMINATION ENTRY BALANCE, s/b=0 CHECK 127,321 0.369237959


66.7%REVENUE AND EXPENSE REPORT - WASTEWATER

$0

$1,000,000

$2,000,000

$3,000,000

$4,000,000

$5,000,000

$6,000,000

$7,000,000

$8,000,000

$9,000,000



Rev (Actual) Rev (Budget) Exp (Actual) Exp (Budget)ITEM #24198


DateUnrealized

Revenue % RealizedSanitation Fees -$ -$ -$ -$ -Connection Fees Triunfo - - - - -Recycled Water - - - - -Potable Water 7,309,742 451,336 4,396,015 2,913,728 60.1%Water Meter Services 1,849,844 153,536 1,213,417 636,427 65.6%Interest Income - - - - -Revenue - Surcharges - - - - -Revenue - Violations - - - - -Other Services & Fees 184,164 16,530 139,631 44,533 75.8%

Total Revenue 9,343,751$ 621,402$ 5,749,064$ 3,594,687$ 61.5%



CommittedWastewater Treatment -$ -$ -$ -$ -$ -Potable Water Purch. 3,973,407 251,941 2,323,136 - 1,650,271 58.5%Recycled Water Purch. - - - - - -VRSD (Administration) 247,198 19,936 198,204 - 48,994 80.2%VRSD (Operations) 1,463,993 68,740 663,220 - 800,773 45.3%Professional Services - 4,658 38,585 - (38,585) -Depreciation/Amortization 788,188 65,628 525,042 - 263,147 66.6%Overhead cost allocation 439,732 36,644 293,155 - 146,577 66.7%Joint Venture spending - - - - - -Tillman plant - - - - - -Debt service 349,168 - 191,560 - 157,608 54.9%Permits, fees, & other 157,079 5,247 62,635 - 94,444 39.9%Board member fees - - - - - -General & Administrative 184,935 8,253 95,422 - 89,513 51.6%Outside Contractor Services - - - - - -

Total Expenses 7,603,700$ 461,047$ 4,390,957$ -$ 3,212,743$ 57.7%

Net Income/(Loss) before Capital 1,740,051$ 160,355$ 1,358,106$ -$ 381,944$ 78.0%

Capital Outlays - - (17,134) - 17,134 -

Increase/(Decrease) to Reserves 1,740,051$ 160,355$ 1,340,973$ -$ 399,078$ 77.1%


ALL YTD BudgetELIMINATION ENTRY BALANCE, s/b=0 CHECK 1,699,265 1.38647216


66.7%REVENUE AND EXPENSE REPORT - POTABLE WATER

$0$500,000

$1,000,000$1,500,000$2,000,000$2,500,000$3,000,000$3,500,000$4,000,000$4,500,000$5,000,000$5,500,000$6,000,000$6,500,000$7,000,000$7,500,000$8,000,000$8,500,000$9,000,000$9,500,000

$10,000,000




ITEM # 24 199

Revenue: Adjusted Budget Curent Period Fiscal Year to DateUnrealized

Revenue % RealizedSanitation Fees -$ -$ -$ -$ -Connection Fees Triunfo - - - - -Recycled Water 2,651,445 116,900 1,855,566 795,879 70.0%Potable Water - - - - -Water Meter Services 209,435 17,453 137,347 72,088 65.6%Interest Income - - - - -Revenue - Surcharges - - - - -Revenue - Violations - - - - -Other Services & Fees - - 464 (464) -

Total Revenue 2,860,880$ 134,352$ 1,993,377$ 867,503$ 69.7%

Expenses: Adjusted Budget Curent Period Fiscal Year to Date Encumbrances Available Budget%

CommittedWastewater Treatment -$ -$ -$ -$ -$ -Potable Water Purch. - - - - - -Recycled Water Purch. 692,258 29,958 528,156 - 164,102 76.3%VRSD (Administration) 77,712 1,474 26,250 - 51,462 33.8%VRSD (Operations) 153,285 32,296 261,846 - (108,561) 170.8%Professional Services - 108 2,866 - (2,866) -Depreciation/Amortization 98,555 32,660 261,279 - (162,724) 265.1%Overhead cost allocation 134,637 11,220 89,758 - 44,879 66.7%Joint Venture spending - - - - - -Tillman plant - - - - - -Debt service 349,393 - 217,012 - 132,381 62.1%Permits, fees, & other 1,643 - - - 1,643 0.0%Board member fees - - - - - -General & Administrative 2,395 5,752 44,351 - (41,956) 1852.0%Outside Contractor Services - - - - - -

Total Expenses 1,509,878$ 113,467$ 1,431,517$ -$ 78,360$ 94.8%

Net Income/(Loss) before Capital 1,351,003$ 20,885$ 561,860$ -$ 789,143$ 41.6%

Capital Outlays (643,505) - (1,720) - (641,785) 0.3%

Increase/(Decrease) to Reserves 707,497$ 20,885$ 560,140$ -$ 147,357$ 79.2%


ALL YTD BudgetELIMINATION ENTRY BALANCE, s/b=0 CHECK 215,564 1.100732701


66.7% REVENUE AND EXPENSE REPORT - RECYCLED WATER

$0

$250,000

$500,000

$750,000

$1,000,000

$1,250,000

$1,500,000

$1,750,000

$2,000,000

$2,250,000

$2,500,000

$2,750,000

$3,000,000




ITEM #24200

ITEM # 25 201


ITEM #25202

Div. Title Hourly OT Hourly OTCA Office Assistant $57 $86 $59 $88CA Administrative Assistant $57 $86 $59 $88CA Human Resources Technician $57 $86 $59 $88CA Fiscal Assistant $68 $103 $70 $106CA Executive Assistant $80 $119 $82 $123CA Human Resources Administrator $91 $136 na naCA Human Resources Manager $91 $136 $94 $136CA Management Analyst $99 $148 $102 $153CA Accountant $99 $148 $102 $153CA Senior Accountant $99 $148 $102 $153CA Senior Management Analyst $99 $148 $102 $153CA Director of Finance $157 $236 $162 $243CA General Manager $192 $288 $198 $296

OPERATIONS

Div. Title Hourly OT Hourly OTWWW Office Assistant $57 $86 $59 $88WWW Administrative Assistant $57 $86 $59 $88WWW W/WW Helper $56 $84 $58 $87WWW W/WW Worker $83 $124 $85 $128WWW Construction Specialist $99 $148 $102 $153WWW Electrical/Mechanical Worker $106 $159 $109 $164WWW W/WW Operator in Training $106 $159 $109 $164WWW W/WW Treatment Operator I $106 $159 $109 $164WWW W/WW Treatment Operator II $106 $159 $109 $164WWW W/WW Treatment Operator III $106 $159 $109 $164WWW W/WW Treatment Operator IV $106 $159 $109 $164WWW W/WW Treatment Operator V $106 $159 $109 $164WWW Environmental Resource Analyst $114 $171 $117 $176WWW Instrumentation Technician $116 $174 $119 $179WWW Electrical & Instrumentation Control Supervisor $118 $177 $122 $182WWW W/WW Operations Supervisor $118 $177 $122 $183WWW W/WW Operations Superintendent $134 $200 $138 $206

SW Solid Waste Worker $81 $121 $83 $124SW Solid Waste Equipment Operator $106 $159 $109 $164SW Senior Solid Waste Equipment Operator $106 $159 $109 $164SW Engineering Technician $109 $164 $112 $169SW Solid Waste Operations Supervisor $115 $173 $118 $177SW Engineer $118 $177 $122 $182SW Senior Engineer $118 $177 $122 $182SW Senior Engineering Technician $118 $177 $122 $183SW Director of Operations $157 $236 $162 $243

• EMERGENCY CALL OUTS ARE PER PERSON, PORTAL TO PORTAL (3 HOUR MINIMUM).

• OBSERVED VRSD HOLIDAYS WILL BE CHARGED AT DOUBLE TIME (3 HOUR MINIMUM).

• OVERHEAD RATES APPLIED, AS FOLLOWS:

All Other Services: 15%

CENTRAL ADMINISTRATION

VENTURA REGIONAL SANITATION DISTRICTPROPOSED HOURLY RATES

JULY 1, 2018 THROUGH JUNE 30, 2019

FY 2018 FY 2019

ITEM # 25 203


ITEM #25204

NOTICE OF MEETING NOTICE IS HEREBY GIVEN that the Triunfo ...

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