HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 05/29/2001 East Valley Water District
1155 DEL ROSA AVENUE, SAN BERNARDINO, CA
REGULAR BOARD MEETING May 29, 2001 2:00 P.M.
AGENDA
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"In order to comply with legal requirements for posting of agenda, only those items filed with the District
Secretary by 10:00 a.m. on Tuesday prior to the following Tuesday meeting not requiring departmental
investigation, will be considered by the Board of Directors".
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
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1. Approval of Agenda
2. Public Comments
CONSENT CALENDAR
3. Approval of Board Meeting Minutes for May 14, 2001.
4. Approval of Liens for Delinquent Water and Sewer Accounts.
5. General Fund Disbursements# 184998 through#185156 in the amount of$311,633.75 and Payroll
Checks 98824 through#8877 in the amount of$60,555.52, totaling $372,189.27.
OLD BUSINESS
6. Radon Rule Update
7. Request for approval of a single sewer lateral for six (6) single family residences from Edward G.
Hill, Jr.
8. Review and approval of Lease Agreement between the Redevelopment Agency of the City of San
Bernardino and the East Valley Water District.
9. Balloting results for Alternative LAFCO Funding.
REPORTS
10. May 14, 2001 —Releases of Lien for Delinquent Water and Sewer Accounts.
11 General Manager's Report
12. Oral Comments from Board of Directors.
MEETINGS
13. WESTCAS 9... ANNUAL CONFERENCE, June 20-22, 2001, Hyatt Islandia Hotel, San Diego,
CA,
14. WATER RESOURCES INSTITUTE "Managing California's Water Resources", .Tune 29, 2001,
Ontario Airport Hilton Hotel, Ontario, CA.
CLOSED SESSION
15. CONFERENCE WITH LEGAL COUNSEL— ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9 (br
One Potential Case
ANNOIINCEMENT OF CLOSED SESSION ACTIONS
ADJOURN
Note: Pursuant to Government Code Section 54953, the District's Legal Counsel, Steven M.
Kennedy, will be present during the Board Meeting by telephone conference call which will
be connected at the Holiday Inn located at 399 Grove Street, Newton, Massachusetts.
2
~e ]~lue ~lxale I. alre~ide l~e~tauz~unt
350 Alden Road
Big Bear Lake, CA 92315 :
1-10 to CA-SO West to Highland (CA'830). CA-330nOrth towardsMTN Resorts.
330 becomes CA-i8 toward Big Bear Lake. Cross over the Darn on CA-18 (which ts
Big Bear Blvd.) to Alden Road {approximately '200 Yards: east of the Krdckerbocker
signal). Left on Alden Road to the Blue Whale Lakeside Restaurant.
','~' ---T'Ow ~-' '/ ", ', ~ ~. '~ '-- -
Anyone wishing to spend the night in Big Be~ may make rese~ations by c~ling the M~na Riviera
(on the Lake just west of Pine ~ot Avenue) at 800-6~-6000 or the No~hwoods Resort (in the
Village) at 909-866-3121.
A ociation of the
San Bernardino County Special Districts
$~ 0i~ ~ear Municipa! ~a~er ~istrict and ~i~ ~ear ¢i~ Communi~
are co-hosting the June members~p meeting at the ~l~
~~~ ~t~~t at B~g Bear L~e.
The social hour will begin at 6 p.m. with a Call to order at 6:45 p.m. A sit-down
~ dinner at $26 per person will be served.
~n~rges: ~ck ZaL~ ~as~ Prim~ ~i~
~aLman X~eLLin~an
~esse~ an~ C~ee ar Tea
~ Topic: "Lbw Not fo ~ive a Presenka~ion,
(Zhb i5 a grea{ presenfafion for ~¢parkmen~ heads. Pbease bring a5
many aLong ~:ha~: wouLcl Like 'l:o
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
RSVP to Donna Horn by June 8, 2001
Telephone: 909-585-2565 Fax: 585-0025
P O Box 558 Big Bear City, CA 92314
District/Associate
~ Attendees: Entr6e:
REMINDER: There is a $2 surcharge per person for reservations made after the deadline date and coming to the dinner
meeting without having made reservations. You will also be billed for the dinner if cancellation is not received PRIOR to
1the deadline date.
165
District's current conveyance and postage stamp rate charges. Mark Bulot
addressed the Commissioner's and asked their opinion on how the District
should look at pricing both our water commodity and the conveyance charges.
Should the District look at multi levels of pricing or a system based upon
elevation lift, pipe lengths, or continue with the Districts postage stamp rate?
There was no consensus of the Commissioner's that they wished to take on
water conveyance pricing policy.
Agenda Item 7. Discussion of Items for Future Agendas.
Agenda Item 8. Adjourn.
There being no further business, Chairperson Dave Lesser adjourned the meeting at 9:10
p.m.
Respectfully submitted,
Linda Barnett
Recording Secretary
164
It was moved by Commissioner Smith and seconded by Commissioner
Dangermond to approve the minutes of the September 29, 2000 Board
meeting. The motion was unanimously adopted.
Agenda Item 4 Approval of the Minutes of the February 23, 2000 meeting..
It was moved by Commissioner Smith and seconded by Commissioner
Dangermond to approve the minutes of the February 23, 2000 meeting. The
motion was unanimously adopted.
Agenda Item 5. Report from the Upper Santa Aha Water Resources Association.
Anthony Araiza reported on the Upper Santa Ana Water Resources Association. The
Committee members continue to discuss the Pilot-Dewatering program and the FERC re-
licensing process.
Agenda Item 6. Discussion Items (Commission may provide Recommendations to
SBVMWD Board).
A. SBVMWD Master Plan EIR Update-Summary of Program Elements,
Identified Impacts and Possible Mitigation Measures. Sam Gershon of Albert
A. Webb Associates reviewed the Master Plan EIR. Albert A. Webb Associates
submitted a screen check draft EIR to San Bernardino Valley Municipal Water
District staff for review on May 3, 2000. A second screen check draft will be
submitted to SBVMWD on June 26, 2000. After making the appropriate
revisions per staff comments, the draft EIR will be printed and circulated for forty-
five days. When the public review period is over, responses will be written to any
comments that were received and the final EIR will be prepared. Mr. Gershon
responded to questions from the Commissioners and audience.
B. Pilot De-Watering Project Update-Assessment of Any Operational Changes
Needed to Meet Summer Water Demands. Randy Van Gelder presented a
brief update on the Pilot De-Watering Project. Approximately sixty-seven
hundred acre-feet was pumped and delivered out of the system. The Orange
County Water District agreed to pay for water produced at the wellhead for one
hundred fifty dollars an acre-foot Agreements with various producers, Riverside
Highland Water Company, Cities of Redlands and San Bernardino were paid for
the pumping charges plus ten dollars. The District funded several capitol
improvements. A slight glitch occurred in December of 1999. An invoice was
sent to Orange County Water District for water pumped to them. Their reply
was some of the water was higher in TDS than what the discharge permit
allowed under the Regional Water Quality Control Board permits. Orange
County Water District has refused to pay approximately a hundred thousand
dollars for water pumped to them. The reason the water was out of compliance
was due to the fact there wasn't enough blend water available.
C. SBVMWD Conveyance Charges-Review of Current "Postage Stamp" rate
and Other Potential Rate Structures. Randy Van Gelder reviewed the
163
MINUTES
OF
REGULAR MEETING OF THE ADVISORY COMMISSION ON WATER POLICY
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
May 24, 2000
The regular meeting of the Commissioners of the San Bernardino Valley Municipal Water
District Advisory Commission on Water Policy was called to order by Chairperson Dave
Lesser at 7:05 p.m.
Those Commissioners and Agencies represented were:
Mark Bulot, S. B. Valley Municipal Water District
Jim Anderson, City of Riverside
Burnie Cavender, S. B. Valley Water Conservation District
Dieter Wirtzfeld, City of Riverside
Bill Kerrick, Riverside Highland Water Company
Dave Lesser, Yucaipa Valley Water District
Tom Crowley, S. B. Valley Water Conservation District
Cheryl Tubbs, S. B. Valley Water Conservation District
Bob Reiter, S. B. Valley Municipal Water District
Mike Huffstutler, Bear Valley Mutual Water Company
Anthony Araiza, West S. B. County Water District
Bud Wood, Meeks & Daley Water Company
Benjamin G. Kelly, Western Heights Water Company
Marland Smith, City of Rialto
Douglas Headrick, City of Redland$
Steve Negrete, East Valley Water District
George Cambero, Elsinore Municipal Water District
Dan McHugh, City of Redlands
Beverly Smith, West. S. B. County Water District
Karen McHugh, Riverside Highland Water Company
Oliver P. Roamer, West S. B. County Water District
Allen Dangermond, Old Town Wells
Jan Button, City of Yucaipa
Betty Dean Anderson, City of San Bernardino
Don Goodin, East Valley Water District
Jack Woodbury, S. B. Valley Water Conservation District
Stan Bauer, City of Loma Linda
Bob Best, Well Owner
Agenda Item 2. Public Comment. Members of the public may address the
Commission on matters within its jurisdiction. Chairperson Dave Lesser invited any
person who so desired to address the Commission. Hearing none, the meeting proceeded
with the published agenda items.
Agenda Item 3 Approval of the Minutes of the September 29, 1999 meeting.
167
Agenda Item 5. Discussion Items.
a. Update on The Metropolitan Water District of Southern California Inland
Feeder. Dan Templis of The Metropolitan Water District of Southern California
updated the Commissioners on the current status of the Inland Feeder project and the
Diamond Valley Reservoir project. He also discussed the current status of their tunneling
project through the mountains.
b. SBVMWD Master Plan EIR Update-Review of Schedule. Randy Van Gelder
reviewed the draf~ schedule that is currently planned for the environmental compliance for
the Master Plan.
c. Pilot De-Watering Project Up-date. Mark Bulot reported on the Pilot De-
Watering update. Currently the Committee is awaiting the completion of facilities to
connect the Riverside Canal to the San Bernardino system for the purpose of getting water
down to the lower delivery point. No pumping is currently being done due to the fact that
water delivered to the upper delivery point percolates in the Colton Basin. Pumping is
scheduled to resume next month. Mr. Bulot responded to questions from the audience.
d. SBVMWD Conveyance Charges-Review of Possible Rate Structures. Randy
Van Gelder reviewed the basic cost structure and the current legal decisions that have
come about with regard to charging for conveyance water within a district system. Mr. Van
Gelder responded to questions from the Commissioners and the audience.
Agenda 6. Identify Discussion Items for Future Agendas. The consensus of the
Commissioners was to have a watermaster report at the next meeting.
Agenda Item 7. Adjourn. The next tentative meeting date is November 29, 2000.
There being no further business, Chairperson Dave Lesser adjourned the meeting at 8:57
p.m.
Respectfully submitted,
Linda Barnett
Recording Secretary
166
MINUTES
OF
REGULAR MEETING OF THE ADVISORY COMMISSION ON WATER POLICY
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
September 20, 2000
The regular meeting of the Commissioners of the San Bernardino Valley Municipal Water
District Advisory Commission on Water Policy was called to order by Chairperson Dave
Lesser at 7:10 p.m.
Those Commissioners and Agencies represented were:
Mark Bulot, S. B. Valley Municipal Water District
Warren Cocke, S. B. City Municipal Water Department
Tom Crowley, S. B. Valley Water Conservation District
John Starbuck, City of Highland
Bill Kerrick, Riverside Highland Water Company
Dave Lesser, Yucaipa Valley Water District
Frank Lo Guidice, Fontana Water Company
Cheryl Tubbs, S. B. Valley Water Conservation District
Douglas Headrick, City of Redlands
Bob Martin, East Valley Water District
Anthony Araiza, West S. B. County Water District
Bud Wood, Meeks & Daley Water Company
Benjamin G. Kelly, Western Heights Water Company
Marland Smith, City of Rialto
Eugene Mc Means, Riverside Highland Water Company
James Anderson, City of Riverside
George Cambero, EIsinore Valley Municipal Water District
Beverly Smith, West S. B. County Water District
Zahra Panahi, City of Riverside
Randy Van Gelder, S. B. Valley Municipal Water District
Sam Fuller, S. B. Valley Municipal Water District
Oliver P. Roemar, West S. B. County Water District
Agenda Item 1. Approval of the Minutes of the May 24, 2000, meeting,
Chairman Dave Lesser determined that a quorum of the Commissioners was not present
and announced that no official business could take place. The meeting proceeded with the
remaining agenda items.
Agenda Item 2. Public Comment, Members of the public may address the
Commission on matters within its jurisdiction. Chairperson Dave Lesser invited any
person who so desired to address the Commission. Hearing none, the meeting proceeded
with the published agenda items.
Agenda Item 4. Report from the Upper Santa Aha Water Resources Association. No
Report.
169
Agenda Item 5. Reports.
5 a) Upper Santa Ana Water Resources Association. Anthony Araiza reported on the
Upper Santa Aha Water Resources Association. The Committee members continue to
discuss the Pilot-Dewatering program, The San Bernardino Valley Water Conservation
District has offered to spearhead the Source Water Assessment Program.
5 b) Western-San Bernardino Watermaster Annual Report. Bob Reiter provided
information regarding the Western-San Bernardino Watermaster. He highlighted the
findings regarding the base flow at Riverside Narrows and Prado Dam.
Agenda Item 6.Disscussion Items.
6 a) SBVMWD Plan EIR Update-Review of Schedule. Sam Gershon of Albert A. Webb
Associates reviewed the Master Plan EIR. The distribution of responses to comments will
be available January 26, 2001. The completion of the final EIR resolution findings and the
mitigation report will be available for the S. B. V. M. W. D. Board packet on February 20,
2001.
6 b) Pilot De-Watering Project Update. Director Bulot updated the Commissioners on
the Pilot De-Watering project. Wes Danskin, USGS, reported on the results of the model
are getting close. Due to weather constrains, and implementation of the pump out through
the Riverside Canal system has been delayed. Prado Reservoir was noted as having a
large volume of water behind it and CaITrans is presently doing some in-channel repairs.
The start of the pumping process will be re-scheduled. Director Bulot responded to
questions from the Commissioners.
6 c) Lakes and Streams Update. Director Aguilar updated the Commissioners on the
Lakes and Streams. J. Harlan Glenn of Dudek and Associates has been hired to begin the
initial study. A smaller reservoir has been decided upon rather that the larger one between
"E" Street and Baseline Ave. The actual size of the reservoir has not been determined.
Various funding sources are being discussed. Director Aguilar responded to questions
from the Commissioners,
6 d) Coordinated Operating Agreement Between Metropolitan Water District of
Southern California and the SBVMWD Dated July 10, 2000. Bob Reiter reviewed the
Coordinated Operating Agreement Between Metropolitan Water District of Southern
California and the SBVMWD Dated July 10, 2000. A coordinated operating agreement
between The Metropolitan Water District of Southern California and the San Bernardino
Valley Municipal Water District is still being negotiated.
Their being no further business, Chairperson Dave Lesser adjourned the meeting at 8:23
p.m.
Respectfully submitted,
Linda Barnett
Recording Secretary
168
MINUTES
OF
REGULAR MEETING OF THE ADVISORY COMMISSION ON WATER POLICY
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
January 24, 2001
The regular meeting of the Commissioners of the San Bernardino Valley Municipal Water
District Advisory Commission on Water Policy was called to order by Chairperson Dave
Lesser at 7:10 p.m.
Those Commissioners and Agencies represented were:
Mark Bulot, S. B. Valley Municipal Water District
Warren Cocke, S. B. City Municipal Water Department
Oliver P. Roemer, West S. B. County Water District
John Starbuck, City of Highland
Bill Kerrick, Riverside Highland Water Company
Dave Lesser, Yucaipa Valley Water District
Don Hough, Riverside Highland Water Company
Sterling Woodbury, S. B. Valley Water Conservation District
Karen McHugh, Riverside Highland Water Company
Jerry Wilson, Fontana Union Water Company
Anthony Araiza, West S. B. County Water District
Bud Wood, Meeks & Daley Water Company
Benjamin G. Kelly, Western Heights Water Company
Steve Negrete, East Valley Water District
Eugene Mc Means, Riverside Highland Water Company
Bob Reiter, San Bemardino Valley Municipal Water District
George Cambero, Eisinore Valley Municipal Water District
Sam Gershon, Albert A. Webb Associates
Dieter Wirtzfeld, City of Riverside
Randy Van Gelder, S. B. Valley Municipal Water District
Sam Fuller, S. B. Valley Municipal Water District
Agenda Item 1. Approval of the Minutes of the May 24, 2000, meeting.
Chairman Dave Lesser determined that a quorum of the Commissioners was not present
and announced that no official business could take place. The meeting proceeded with the
remaining agenda items.
Agenda Item 2. Public Comment. Members of the public may address the
Commission on matters within its jurisdiction. Chairperson Dave Lesser invited any
person who so desired to address the Commission. Hearing none, the meeting proceeded
with the published agenda items.
Oliver Roemer addressed the Commissioners and updated them on the recent energy
crisis.
Agenda Item 3. Election of Officers.
Agenda Item 4. Approval of the minutes. May 20, 2000 and September 20, 2000.
San Bernardino Valley Municipal Water District
1350 South "E" Street, San Bernardino, California
MEETING OF THE ADVISORY COMMISSION ON WATER POLICY
May 30, 2001
6:00 p.m.
1. Call Meeting to Order. Flag Salute.
2. Public Comment. Members of the public may address the Commission on matters
within its jurisdiction.
3. Election of Officers.
4. Approval of the minutes.
a) May 24, 2000.
b) September 20, 2000.
c) January 24, 2001.
5. Reports
a) Upper Santa Ana Water Resources Association.
~, 6. Discussion Items (Commission may provide recommendations to SBVMW-D Board)
a) Pilot De-watering project update.
b) Lakes and Streams Project update.
c) Attachment 2 -Coordinated Operating Agreement between Metropolitan Water
District of Southern California and the SBVMWD.
7. Identify discussion items for future agendas.
8. Adjourn.
Mission Statement
"It shall be the function of the Commission to Study and make recommendations to the Board on
matters of water policy for the District. The Commission shall study such matters of water policy
as are submitted to it by the Board for Consideration and may study such other matters of water
policy as the Commission deems appropriate." SBVMWD Ordinance No. 61, July 6, 1987.
Water Resources Issues Quarterly Breakfast
"WATER RESOURCES IMPACTS
ASSOCIATED WITH WILDLIFE HABITAT"
Guest Speaker: Jim Bartel
Field Supervisor, Carlsbad Office
U.S. Fish & Wildlife Service
Friday, June 8, 2001, 7:30 a.m. to 9:00 a.m.
Hilton Hotel
285 E. Hospitality Lane, San Bemardino, CA 92408
Co-Hosted By
SBV WATER CONSERVATION DISTRICT
and
THE WATER RESOURCES INSTITUTE
If you would like to attend, please RSVP by Friday, June 1, 2001. Complete the registration
information below. Clip and mail with check for $13.00 made payable to Water Resources
Institute and send to 5500 University Parkway, PL-401, San Bernardino, CA 92407. For more
information, please ear Lil Haskell at (909) 880-7681, or e-mail Lil at lhaskell~csusb.edu. The
WRI fax number is (909) 880-7682.
Name
Address
City_ State Zip
Phone Fax Email
Number of Attendees Amount Enclosed $.
El Check Enclosed El Credit Card Payment
El Visa El Mastercard Expiration date
Card Number
coNSERVATIOiv ,.
· q~ SAN BEKNARDINO VALLEY WATER CONSERVATION DISTR_ICT
Established 1932
1630West R. edlands Boulevard, Suite A EO. Box 1839
IZedlands, CA 92373-8032 [// Redlands, CA 92373-0581
r (909) 793-2503 /[ Email: sbvwcd~eee.org
Fax: (909) 793-0188
OUR
May 22, 2001
Robert Martin
General Manager
East Valley Water District
P.O. Box 3427/1155 Del Rosa Avenue
San Bemardino, CA 92413-3427
Dear Mr. Martin:
In March, the Califomia State University, San Bemardino, Water Resources Institute, and the
San Bemardino Valley Water Conservation District initiated a quarterly breakfast program
centered on the topic of water resources. Our purpose is to inform business, civic,
environmental, legislative, and water agency leadership in the Santa Ana River watershed about
issues affecting the use and availability of water resources.
Mr. Jim Bartel, Field Supervisor, Carlsbad Office, U.S. Fish and Wildlife Service, has confirmed
to be the speaker for our next breakfast meeting at 7:30 a.m. on Friday, June 8, 2001 at the San
Bemardino Hilton. As we are all aware, the relationship between wildlife habitat and water
resources is significantly important, especially in Southern California. Mr. Bartel will address
some of those issues and be available to respond to questions.
The attached flyer provides details about the breakfast. Jeff Davis, Director of the Water
Resources Institute, and I hope your schedule will permit you to join us for this breakfast
meeting.
Yours truly,
D. Bumell Cavender, AICP
General Manager
Enclosure: Flyer
BOARD Bert Marcum, Jr. Arnold L. Wright Cheryl A. Tubbs GENERAL D. Burnell Cavender, AICP
OF Clare Henry Day Sterling Woodbury Melody Henriques MANAGER
DII~ECTOKS Manuel Aranda,jr.
May 22, 2001
Kalyanpur Baliga, Ph.D., P. E.
Senior Sanitary Engineer
Drinking Water Field Operations Branch
Health and Haman Services Agency
Of the State of California
Subject: Cross-Connection Control Program -East Valley Water District.
Dear Dr. Baliga:
I would like to know your understanding and interpretation of the Title 17 in the
following areas:
Does title 17 identify, or imply, that apartments with 8 or more u~its or apmhnents with
swimming pools, require installation ora BPD?
If we can convince the EVWD to remove or disregard the ordinance 358 text stating that
apartments with 8 or more units, or apartments with swimming pools, have to have a
BPD installed, would you approve this?
The EVWD may be willing to treat apartment houses as regular houses if the title 17
interpretation allows it. If the EVWD did this, would you approve it?
If we reach a compromise agreement with the EVWD, such as removing hose bibs in the
proximity of the pool, or removing the laundry mom sink faucet, as an alternative to the
installation of a BPD, would you approve such an agreement?
Additionally, if the "complexity" of the plumbing in the swimming pool equipment room
is the issue, would you accept a compromise agreement, between us and the EVWD, to
cut room walls so that the pool plambing would be exposed showing no cross-
connection?
Can you, Mr. Baliga, suggest some other way, consistent with title 17, as an alternative
to the installation ofa BPD in an apartment house? Thank you.
Sincerely yours,
Demetrios Vassilakos
DRAFT SUBJECT TO APPROVAL
EAST VALLEY WATER DISTRICT
REGULAR BOARD MEETING MAY 14, 2001
MINUTES
The meeting was called to order at 2:00 p.m. by President Lightfoot. Director Wilson led
the flag salute.
PRESENT: Directors Wilson, Negrete, Goodin, Lightfoot
ABSENT: Director Sturgeon
STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer;
Alberta Hess, Chief Financial Officer; Mary Wallace, Administrative
Assistant.
LEGAL COUNSEL: Steve Kennedy
GUEST(s): Nick Canetlopaulos, Dimitri Vassilakos, Marion Vassilakos, Ud Leder,
Dean Carpenter, Charlene Engeron (The Press Enterprise), Jo
McAndrews
APPROVAL OF AGENDA
Legal Counsel requested that the following NEW BUSINESS items:
14a. Approval of Development Agreement between East Valley Water District and
Victoria Development Company to provide domestic water and sewer service to a
commercial and cultural center located at the southwest corner of Highland
Boulevard Boulder Avenue in the City of San Bernardino.
and
14b. Approval of Development Agreement between East Valley Water District and
San Manuel Band of Mission Indians to provide water and sewer service to sixty-six
(66) dwelling units located South of Hemlock Drive and West of Victoria Avenue in
the City of San Bernardino.
be added to the Agenda as the need to add the items arose after the Agenda had been
posted.
M/S/C (Wilson-Negrete) that the May 14, 2001 Agenda be approved with revisions
recommended by the General Manager.
PUBLIC PARTICIPATION
President Lightfoot declared the public participation section of the meeting open at 2:01
p.m. Mr. Dimitri Vassilakos stated that he was present to submit a letter of appeal to the
Board of Directors to review and consider revisions to the Backflow Prevention section of
the District's recently published Ordinance. Mr. Uri Leder reiterated Mr. Vassilakos'
request and also submitted an appeal to the Board stating that these two documents be
attached to, and be made a part of, the May 14, 2001 Board Meeting Minutes. There
being no further written or verbal comments, the public participation section was dosed.
APPROVAL OF APRIL 23, 2001 BOARD MEETING MINUTES.
M/S/C (Wilson-Goodin) that the April 23, 2001 Board Meeting Minutes be approved
as submitted.
APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS.
The Chief Financial Officer stated that the owner of property at 5442 Newbury Ave., 5801
Chiquita Ln., and 26718 Bruce St. had paid the account and should be removed from the
lien list.
M/S/C (Wilson-Goodin) that the liens for delinquent water and sewer accounts be
approved for processing with the exceptions as noted by the Chief Financial Officer.
DISBURSEMENTS
M/S/C (Wilson-Goodin) that General Fund Disbursements #184767 through
#184997 in the amount of 836,176.48, Payroll Fund Disbursements #8770 through #8823
in the amount of $64,656.16 totaling $900,832.64 be approved.
RADON RULE UPDATE
The General Manager reported on the District's progress with the Rule to date; that he
was optimistic about the appointment of Mr. Mehan as Assistant Administrator of the EPA
for Water Programs. Information only.
RESOLUTION 2001.08 - ESTABLISHING DATE, TIME AND LOCATION OF REGULAR
BOARD MEETINGS was presented to the Board for approval.
M/S/C (Wilson-Goodin) that Resolution 2001.08 be approved which changes the
regular board meetings to the second (2nd) and fourth (4~h) Tuesday of each month at 2:00
p.m.
2 MINUTES: 05/14/01
FIRST AMENDMENT TO PROPERTY EXCHANGE AGREEMENT BETWEEN MWD
AND EVWD FOR REPLACEMENT OF EVVVD WELL #121 WITH Well #147 was
presented to the Board for approval.
M/S/C (Negrete-Wilson) that the First Amendment to the Property Exchange
Agreement between MWD and EVWD be approved,
A REPORT FROM SBVMWD ON ACTIVITIES OF THE TASK FORCE FOR FEDERAL
ENERGY REGULATORY COMMISSION ACTIVITY REGARDING THE RE.LICENSING
HYDROPOWER GENERATION PLANTS ON LYTLE CREEK AND MILL CREEK AND
DRAFT MOTION FOR INTERVENTION BY EAST VALLEY WATER DISTRICT.
Information only.
CORRESPONDENCE FROM CRESTLINE VILLAGE WATER DISTRICT AND JUNIPER
RIVIERA COUNTY WATER DISTRICT ON THE NEW FUNDING FOR THE
INDEPENDENT SPECIAL DISTRICTS' SHARE OF LAFCO COSTS FOR FISCAL YEAR
2001-02. Information only.
DIRECTOR'S FEES AND EXPENSES FOR APRIL 2001 were presented to the Board for
approval,
M/S/C (Negrete-Goodin) that the Director's fees and expenses for April 2001 be
approved,
DISCUSSION and POSSIBLE ACTION REGARDING R£$CHEDULING/CANC£LING
THE MAY 28TM BOARD MEETING DUR TO THE MEMORIAL DAY HOLIDAY
CONFLICT.
No discussion was necessary on this item due to the approval of Resolution 2001.08.
DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSAL FROM PSOMAS
FOR THE PREPARTATION OF A SEWER MASTER PLAN.
The General Manager recommended approval of Tasks 1 thru 8 of the Scope of Work
proposed by Psomas for the preparation of a Sewer Master Plan for East Valley Water
District.
M/S/C (Wilson-Negrete) that the project be authorized as outlined by the General
Manager.
MEMORANDUM FROM FRED STAFFORD REGARDING RE-BILLING BY SOUTHERN
CALIFORNIA EDISON (SCE).
3 MINUTES: 05/14101
The General Manager presented a memorandum from Production Supervisor, Fred
Stafford, involving numerous billing errors from improper meter reading, etc. by SCE over
a period of approximately three (3) years and a re-billing of those accounts resulting in a
debit of $82,695.32.
M/SIC (Negrete-Wilson) that the debit resulting from under-billing be paid to SCE.
DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND
VICTORIA DEVELOPMENT COMPANY TO PROVIDE DOVESTIC WATER AND
SEWER SERVICE TO A COMMERCIAL AND CULTURAL CENTER LOCATED AT THE
SOUTHWEST CORNER OF HIGHLAND BOULEVARD BOULDER AVENUE IN THE
CITY OF SAN BERNARDINO was presented to the Board for approval.
M/S/C (Goodin-Negrete) that the Development Agreement between East Valley
Water District and Victoria Development be approved in concept subject to final approval
by Legal Counsel and District staff, and that the Board President be authorized to sign
after completion of this review.
DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND
SAN MANUEL BAND OF MISSION INDIANS TO PROVIDE WATER AND SEWER
SERVICE TO SIXTY-SIX (66) DEWLLING UNITS LOCATED SOUTH OF HEMLOCK
DRIVE AND WEST OF VICTORIA AVENUE IN THE CITY OF SAN BERNARDINO was
presented to the Board for approval.
M/S/C (Goodin-Negrete) that the Development Agreement between East Valley
Water District and San Manuel Band of Mission Indians be approved in concept subject to
final approval by Legal Counsel and District staff, and that the Board President be
authorized to sign after completion of this review.
INVESTMENT REPORT FOR QUARTER ENDING DECEMBER 3t, 2000. Information
only.
RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS.
List of liens released on April 26, 2001 was reviewed. Information only.
REVIEW AND OUTLOOK FROM THE WALL STREET JOURNAL ON THE ARSENIC
RULE. Information only.
GENERAL MANAGER'S REPORT
The General Manager reported on District operations to date; that the ground water levels
are very Iow; that the PUC has stated that water agencies will NOT be exempt from
"rolling black-outs"; that a sewer extension proposal from Ed Hill would be submitted for
consideration at the next Board meeting; . Information only.
4 MINUTES: 05/14/01
ORAL COMMENTS FROM BOARD OF DIRECTORS.
Director Goodin stated that State Compensation Insurance Fund would be at the District
on Thursday, May 17% at 10:00 a.m. to discuss the District's Workers' Compensation
program. Information only.
Director Wilson commented on some of the events at the ACWA Conference in Tahoe.
Information only.
There being no verbal or written comments from the Directors, this section of the meeting
was closed.
LETTER OF APPRECIATION FROM DICK HElL AND BETTY GIBBEL (EASTERN
MWD) REGARDING THE DISTRICT TOUR ON APRIL 19TM. Information only.
ASBCSD MEMBERSHIP MEETING - CHATEAU CHANG, 15425 ANACAPA ROAD,
VlCTORVILLE, CA. - MAY 21, 2001. Information only.
CALIFORNIA DEPARTMENT OF WTAER RESOURCES'S WATER EDUCATION
COMMITTEE, SPRING 2001 MEETING - HILTON HOTEL, SAN BERNARDINO, CA.,
JUNE 13-14, 2001. Information only.
SPECIAL DISTRICT FINANCE, A SPECIAL DISTRICT INSTITUTE SEMINAR,
CAESARS TAHOE, SOUTH LAKE TAHOE - JUNE 21-22, 200'1. Information only.
WATER EDUCATION FOUNDATION, THE BAY DELTA TOUR, SACRAMENTO, CA..
JUNE 27-29, 2001. Information only.
WATER EDUCATION FOUNDATION, 200'1 UPDATE ON WATER LAW & POLICY,
HYATT REGENCY ISLANDIA HOTEL, SAN DIEGO, CA. ~ JULY 19-20, 2001.
Information only.
CLOSED SESSION
M/S/C (Goodin-Negrete) that the meeting adjourn to Closed Session.
The Board entered into closed session at 3:35 p.m. as provided for in the California Open
Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the
Agenda.
ADJOURN TO REGULAR SESSION
M/S/C (Wilson-Goodin) that the meeting adjourn to regular session.
MINUTES: 05/14/01
ANNOUNCEMENT OFCLOSEDSESSION ACTIONS
V
TheBoa~retumedtosessionat3:47p.m.
ADJOURN
The meetingwasadjournedat3:47p.m.
Glenn R. Lightfoot, President
Robert E. Martin, Secretary
6 MINUTES: 05/14/0!
May 14, 2001
To: The EVWD Board of Directors and Managers.
From: Demetrios Vassilakos
Subject: Appeal to the Board to redo the Backflow Prevention ordinance revision in the proper way.
On January 24, 2000, you announced a decision to appoint an ad-hoc citizens advisory committee to study,
research, and advise you on updating the Backflow Prevention Requirements and associated program. On the
same day you appointed me as a member of that committee.
On April 12, 2000, I received a call from the Board's Administrative Assistant Ms. Mary Wallace to attend a
meeting at the EVWD board room on the next day.
On April 13, 2000, I attended the meeting. After a discussion of some BPD aispearance and safety concerns
brought about by a representative of the city of Highland, I presented a paper titled "GUIDELINES FOR
REVISING THE EVWD ORDINANCES" in the areas related to BPD's.
I emphasized in that presentation that we should not discfim/nate against any class of poople, such as rich or
~ poor, homeowners or renters. I concluded my presentation by stating the objective of revising the EVWD
ordinances so that they are up to date and fair to all water consumers. The revisions should be consistent with
the latest experience data and effective towards producing the highest water quality.
The rest of the meeting that day addressed costs and pricing issues related to water and sewer services.
After that day I called several times inquiring about meetings related to the backflow related program. Every
time I was told that every body was busy with higher priority ( than BP) work.
In February 2001 my wife and I noticed the EVWD Notice of Public Hearing but it appeared to both of us that
it was about fees and charges for water and sewer services; the "baekflow' pro,ram was never mentioned.
Then, a week ago we heard that the EVWD had published a backflow regulation revised ordinance.
I am puzzled, dismayed, and unable to understand why you did the BPD ordinance revision in such a stealthy
way. I appeal to you to reconsider and redo the backflow ordinance revision by convening the ad-hoc
committee as you promised on 01/24/00 and gettinl~ a reeommendati0ns report from them. Any Public
Hearing Notices should be explicit asking for comments on the baelOlow prevention proi~ram requirements.
Thank you.
Sincerely,
~' Demetfios Vassilakos.
DEL ROSA NEIG~OOD IMPROVEMENT AS~n~CIATION
c/o U. Leder, 16104 Rockyriver Lane, Cerritos, CA 90703 Working Together for Success.
NOTES FOR EVWD MEETING Of 5/14/01 -- RE: CITIZEN ADVISORY COMMITTEE
In January, 2000, EVWD agreed to revise and clarify its Ordinance #355 relating to
backflow prevention devices (BPD's), and to create a Citizen Advisory Committee to advise
the District on it.
We welcomed that development, and matched its spirit of cooperation by suspending our
public effort of opposing the BPD's requirement, and looked forward to participate in a
serious and substantive review of the issue.
For that we formed the following objectives which would help make the revised ordinance: 1. Clear and unambiguous (reasonable protection where a need is clearly demonstrated).
2. Based on clear and unambiguous standards, surveys, and quantified assessments.
3. Be non-discriminatory and fair (same rules for similar situations).
4. Provide for Due Process procedures (notifications, surveys, remedies, appeals, etc.)
5. Comply fully with the controlling State regulations (no contradictions or deviations).
Just recently however, we were surprised and dismayed to find out that EVWD ignored its
own commitment to create a citizen advisory committee, and instead proceeded on its own
in a stealthy and arbitrary process of revising the Ordinance.
We feel bitter and deceived. EVWD proceeded behind our (and the community~s) backs,
effectively keeping us at bay and in the dark, while all along we believed the revision
process was still on-going, and waited patiently for the Citizen Advisory Committee on
BPD's to be convened, and for our opportunity to participate and present our point of view.
Such practice has no place in a democratic society - forming policies in smoke-filled-room
is not acceptable in the USA of the 21st century. And surely it is not the way a public-
serving agency like EVWD should act vis-a-vis the community and customers it serves.
We protest that unilateral action in the strongest terms, and request that the EVWD Board of
Directors take the necessary steps to rectify it by convening the Citizen Advisory
Committee as promised, and engaging in serious .and. substantive discussion of the
BPD's issues.
Sadly, a cursory review shows the new revision achieved none of the objectives listed above.
We request and expect that this document will be included in the records of this meeting, be
referred to in the minutes of this meeting, and be attached to said minutes.
CERTIFICATE OF LIEN
MAY 29, 2001
ACCOUNT OWNERS PROPERTY AMOUNT
NUMBER NAME ADDRESS OWED
1. 036-0029-3' 1962 PALM AVE 59.01
2. 043-0032-2* 25810 PUMALO ST 63.70
3. 082-0021-2' 7498 ELM ST 97.78
4. 084-0337-4* 7137 BANGOR AVE 81.56
5. 101-0166-9' 7485 LYNWOOD WAY 59.73
6. 102-0086-6' 24959 VINE ST 19.51
7. 164-0139-1' 7901 ROSE CT
TOTAL i~/~' $ 399.73
*STILL OWNS PROPERTY
+ MULTIPLE UNITS
Page 1 of 1
East Va * ey Water District
TO: BOARD OF DIRECTORS
FROM: ALBERTA M. HESS / CHIEF FINANCIAL OFFICER[~/~
SUBJECT: DISBURSEMENTS
DURING THE PERIOD MAY 8, 2001 THROUGH MAY 17, 2001 CHECK NUMBERS
184998 THROUGH 185156 IN THE AMOUNT OF $311,633.75 WERE ISSUED.
PAYROLL CHECKS 8824 THROUGH 8877 IN THE AMOUNT OF $60,555.52 WERE
DISTRIBUTED ON MAY 9, 2001.
TOTAL OF ACCOUNTS PAYABLE DISBURSEMENTS AND PAYROLL FOR THE PERIOD -
$372,189.27.
W. J. McKeever Inc.
ffi Civil Engineering
ayl ,200i ,:.
East Valley Water District
1155 Del Rosa Avenue
San Bemardino, CA 92408
Attn: Paul Dolter, District Engineer
Re: Ed Hill Sewer Connection, Lochinvar Court.
Dear Paul,
Enclosed please find tw~ 24 x 36 copies and ten 11 x 17 copies of our Preliminary
Private Sewer Lateral Design. This proposed private line would serve two existing and four
future homes on Aloe Court. One 6" connection is proposed in Lochinvar Court.
These homes and lots are currently served by septic tanks with seepage pits. Concurrent
with the construction of the new homes on Lochinvar Court, we have an opportunity to purchase
a sewer easement through Lot I of Tract 12802. By extending a 6" private sewer main through
the rear of the six lots on Aloe Court, we can serve gravity sewer to each existing and proposed
home.
The six parcels involved currently have three owners who intend to establish a property
owners agreement to guarantee the operation and maintenance of this private sewer system. Each
parcel owner will be responsible for a proportionate share of the maintenance costs. We would
anticipate paying the districts capacity fees at the time a home connects to the system.
We perceive this connection as being similar to a single connection for a town home
project where the sewer system is owned in common by the various homeowners.
If you have any questions, please give me a call. Ed Hill and I will both be at the EVWD
board meeting at 2:00 PM on May 29, 200 I.
Dennis Stafford
V CC. Ed Hill
Lloyd Brassler
-, ( dwa d
East Valley Water District
1155 Del Rosa Avenue
San Bemardino, Ca 92404 ..
Attention: Robert Mme3n
Genera Managar
Re:Request for approval ora single sewer lateral for 6 single-family homes
Dear Bob:
I appreciated the opportunity to discuss our proposed sewer line plan, with you and Paul Dolter.
~ As you are clearly aware, the option for
. mt :x[en,ton of~e sewer line to our lots on the easterly
side of Aloe Court is vet3.' lhuned. (The potential lots on the westerly side of Aloe Court can be
individually served from Weaver StreeL)
In spite of the fact that it is leas expensive to use a septic tank system, we believe a sewer line is
such' a superior waste system (and the public does too) that a substantial increased cost is
warranted.
Although it is my understanding that multiple connections to a single-family project ate unusual,
it is tkequently used in multi residential development~.
Our reouest is for 6 cormecfions and'we.d~ :reqifirk- an easement acro~¢'*l'.,-- .... : ............ '"~--
We are fortunate to obtain an underground 6asement from Cornerstone Development.
We recognize also that we will be required to create a Homeowner's Agreement to ensure
r
'
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
2001 LEASE AGREEMENT
(East Valley Water District)
THIS 2001 LEASE AGREEMENT (East Valley Water District) (this "Lease") is entered
mto by and between the redevelopment Agency of the City of San Bemardino, a California
public entity (the "Agency"), and the East Valley Water District, a California public entity
("EVW'D"), with reference to the following facts:
Recitals:
WHEREAS, EVWD needs to replace a water tank located near the intersection of
Foothill Drive and Sterling Avenue; and
WHEREAS, the EVWD's replacement water tank will be installed underground on a site
to the north of the site of the existing water tank (the "Project"); and
WHEREAS, the installation o f the new underground water tank requires EVWD to
excavate and remove approximately 55,000 cubic yards of soil that will need to be stored off-site
during installation of the new water tank; and
WHEREAS, EVWD will also require an off-site location for temporary storage of
construction materials and equipment related to the new underground water tank installation and
placement of a temporary construction office for its prime contractor on the new underground
water tank installation; and
WHEREAS, the closest property that meets the off-site requirements of EVW'D regarding
the new underground water tank installation is an 8.3 acre parcel owned by the Agency, generally
located on Foothill Drive west of Little Sand Canyon Creek, with Assessor Parcel Number 0155-
381-45, and specifically described by the legal description attached to this Lease as Exhibit "A"
(the "Premises"); and
WHEREAS, the Agency desires to lease and EVW'D desires to use the Premises for the
limited purposes related to the installation of a new underground water storage tank, as described
above;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS CONTAINED IN THIS LEASE, AND OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES TO THIS LEASE AGREE AS FOLLOWS:
SB2001:1332.1
1. Term of Lease. EVWD leases the Premises f~om the Agency for a per~od of 24
consecutive months (the "Term"), commencing on the date of execution of this Lease by
the Agency, as set forth next to the signature of the authorized representative of the
Agency on this Lease. Following the initial Term of this Lease, EVWD may continue to
occupy the Premises on a month-to-month basis, not to exceed an aggregate of 12 months
in addition to the initial Term of this Lease. If during the Term, EVWD no longer
requires the use of the Premises for the allowable uses set forth in Section 3, EVWD may
terminate this Lease, upon 30 days written notice to the Agency delivered in accordance
with Section 11. IfEVWD terminates this Lease during the Term, in accordance with the
previous sentence, EVWD will not be obligated to pay Rent (as defined in Section 2) for
the remainder of the Term, following the 30~h day after the effective date of EVWD's
notice of termination under Section 11.
2. Rent. EVWD will pay the Agency $1,600.00 per month during the initial Term of this
Lease. IfEVWD continues to occupy the Premises on a month-to-month basis following
the expiration of the original Term of this Lease, as provided in Section I, EVWD will
pay the Agency $1,600.00 per month during the first 6 months following the expiration of
the initial term of this Lease. If EVWD continues to occupy the Premises on a month-to-
month basis more than 6 months alter the expiration of the original Term of this Lease,
EVWD will pay the Agency $3,200.00 per month for each month it occupies the
Premises more than 6 months alter the expiration of the original Term of this Lease.
3. Allowable Uses. EVWD may only use the Premises for the following uses:
A. Storage of soil excavated for installation of new under~ound water tank to
replace existing water tank located near the intersection of Foothill Drive and
Sterling Avenue; and
B. Placement ofa tempora.D' construction trailer/office for EVWD's prime contractor
for the underground water tank installation; and
C. Storage of construction materials and equipment required for installation of the
EVWD's new underground water tank; and
D. Any other use of the Premises that is approved in writing by the Executive
Director of the Agency, prior to the commencement of such use.
4. Storm Water Pollution Plan. EVWD must prepare an appropriate Storm Water
Pollution Plan and obtain any necessary NPDES Permit for its operations or the
operations of its contractors on the Premises.
5. Premises Maintenance and Security. EVWD must provide security for the Premises,
including without limitation, temporary fencing around all portions of the Premises and
security guard/patrol services, if necessary. Additionally, EVWD must maintain the
Premises in a clean and orderly manner and in a safe condition for construction sites of
SB2001:1332.1 2
similar type and magnitude.
6. Insurance. Prior to occupying the Premises, EVWD must fumish, or cause to be
furnished, to the Agency duplicate originals or appropriate certificates of public
indemnity and liability insurance in the amount of One Million Dollars ($1,000,000.00)
combined single limit, naming the Agency and the City as additional insureds. Said
insurance must cover comprehensive general liability including, but not limited to,
contractual liability; acts of subcontractors; premises-operations; explosion, collapse and
underground hazards, if applicable; broad form property damage, and personal injury
including libel, slander and false arrest. In addition, EVWD must provide to the Agency
adequate proof of comprehensive automobile liability insurance covering owned, non-
owned and hired vehicles, combined single limit in the amount of One Million Dollars
($1,000,000.00) each occurrence; and proof of workers' compensation insurance. Any
and all insurance policies required under this Lease must be obtained from insurance
companies admitted in the State of California and rated at least B+: XII in Best's
Insurance Guide. All insurance policies must provide that they may not be canceled or
materially altered unless the Agency and the City receive written notice of cancellation or
alteration at least thirty (30) calendar days prior to the effective date of cancellation or
alteration. Any and all insurance obtained by EVWD in satisfaction of the requirements
of this Section 6 will be primary to any and all insurance that the Agency and/or City may
otherwise carry, including self insurance, which for all purposes of this Lease will be
separate and apart from the requirements of this Lease. Any insurance policies covering
the Premises as obtained by the Agency will not be transferred from the Agency to
~1~ EVWD. Appropriate insurance means those insurance policies approved by Agency legal
counsel consistent with this Lease. Any and all insurance required under this Lease shall
be maintained and kept in force until the expiration of the Term or earlier termination of
this Lease. Notwithstanding the foregoing, ifEVWD is self-insured under a bona fide
public entity self-insurance program, evidence of such self-insurance program acceptable
to Agency legal counsel will satisfy the insurance requirements set forth in this Section 6.
7. Restoration of the Premises at End of Lease Term. Upon expiration or termination of
this Lease, EVWD must restore the Premises to their original condition, as of the
corrtrnencement date of this Lease, including without limitation, removal of any fencing,
removal of any construction trailer/office, removal of construction materials, supplies and
equipment and grading the Premises to their original contours, elevations and
compaction, ensuring or restoring the original soil content such that no hazardous
substances or materials or quantities of hazardous substances or materials are allowed to
remain on the Premises that did not exist on the Premises prior to the commencement
date of this Lease. Also, EVWD will restore the vegetation that existed on the Premises
prior to the commencement date of this Lease.
8. Environmental Indemnity. EVWD hereby agrees, at its sole cost and expense, to
indemnify, protect, hold harmless and defend (with counsel of the Agency's choice) the
Agency from and against any and all claims, demands, damages, losses, liabilities,
obligations, penalties, fines, actions, causes of action, judgments, suits, proceedings,
SB2001:1332.1 3
costs, disbursements and expenses (including, without limitation, fees, disbursements and
costs of attomeys, envirmm~ental consultants and experts), and all foreseeable and
unforeseeable consequential damages of any kind or of any nature whatsoever
(collectively, "Losses") that may, at any time, be imposed upon, incurred or suffered by,
or asserted or awarded against, the Agency directly or indirectly relating to or arising
fi.om any of the following "Environmental Matters":
A. Any past, present or future presence of any "Hazardous Materials" (as such term
is defined in Exhibit "B" attached hereto) on, in, under or affecting all or any
portion of the Premises or on, in, under or affecting all or any portion of any
property adjacent or proximate to the Premises, if such Hazardous Materials
originated on or from the Premises following the commencement date of this
Lease and related to EVWD's activities upon the Premises;,
B. Any past, present or future storage, holding, handling, release, threatened release,
discharge, generation, leak, abatement, removal or transportation of any
Hazardous Materials on, in, under or from the Premises following the
commencement date of this Lease and related to EVWD's activities upon the
Premises;
C. Any violation of law, rule, regulation, judgment, order, permit, license,
agreement, covenant, restriction, requirement or the like, now or hereafter,
relating to or governing in any way the environmental condition of the Premises
or the presence of Hazardous Materials on, in, under of affecting all or any portion
of the Premises, including, without limitation, all statutes referenced in Exhibit
"B" attached hereto (collectively, "Environmental Laxvs");
D. The failure of EVWD to properly complete, obtain, submit an~or file any and all
notices, permits, licenses, authorizations, covenants and the like relative to any
Environmental Matters described in this Lease in connection with the Premises or
the use, operation or enjoyment of the Premises;
E. The extraction, removal, containment, transportation or disposal of any and all
Hazardous Materials from any portion of the Premises or any other prope~y
adjacent or proximate to the Premises, if such Hazardous Materials originated on
or from the Premises following the commencement date of this Lease and related
to EVWD's activities upon the Premises;
F. The implementation and enforcement of any monitoring, notification or other
precautionary measures that may, at any time, become necessary to protect against
the release or discharge of Hazardous Materials on, in under or affecting the
Premises or in the air, any body of water, any other public domain or any property
adjacent or proximate to the Premises;
SB2001:1332.1 4
G. Any failure of any Hazardous Materials generated or moved from the Premises to
~' be removed, contained, transported and disposed of in compliance with all
applicable Environmental Laws; or
H. Any investigation, inquiry, order, hearing, action or other proceeding by or before
any governmental agency in connection with any Hazardous Materials or
violation of any Environmental Law occurring or allegedly occurring at any time
during or related to EVWD's occupation of the Premises.
I. The environmental indemnity given by EVWD in this Section 8 of this Lease will
survive termination of this Lease.
J. All obligations of EVWD under the environmental indenmity given in this
Section 8 of this Lease are payable on demand from the Agency, and any amount
due and payable hereunder to the Agency by EVWD that is not paid within thirty
(30) days after written demand therefor from the Agency, with an explanation of
the mounts demanded, will bear interest from the date of the demand at the rate
of eight percent (8%) per anum.
K. Prior to the termination or surrender of the occupancy of the Premises by EVWD,
EVWD must schedule a joint environmental inspection of the Premises with the
Agency. The Agency may retain an envirorm~ental consultant or consultants to
inspect the property, as part of the joint inspection, including without limitation,
V soil sampling and other testing of the premises.
L. EVWD must pay to the Agency all costs and expenses (including, without
limitation, reasonable attorney's fees and costs) incurred by the Agency in
connection with the environmental indemnity given in this Section 8 of this Lease
or the enfomement hereof. For the purposes of the preceding sentence the phrase
"reasonable attorney's fees and costs" includes the salary, wages, benefits and
overhead of the City Attorney of the City of San Bemardino.
9. Default and Remedies. Failure or delay by either party to perform any term or provision
of this Lease is a material default under this Lease. IfEVWD fails to pay any monetary
obligation owed to the Agency under this Lease when it is due, the Agency may provide
written notice of the monetary default to EVWD. IF EVWD does not cure the monetary
default within 5 days of the mailing of the notice of default by the Agency, the Agency
may terminate this Lease by written notice to EVWD, which shall be effective at the time
of mailing by the Agency. If a party otherwise in default of a non-monetary obligation
under this Lease commences to cure, correct or remedy such non-monetary default within
30 calendar days after receipt of written notice from the injured party specifying such
default, and diligently and continuously prosecutes a reasonable cure, correction or
remedy to completion (and where any time limits for the completion of such cure,
correction or remedy are specifically set forth in this Lease, then within said time limits),
such party is not in default hereunder.
SB2001:1332.1 5
~ A. The injured party must give written notice of the non-monetary default to the
party in default, specifying the default complained of by the nondefaulting party.
Delay in giving this notice is not a waiver of any default nor does it change the
time of default.
B. Any failure or delays by either party in asserting any of their rights and/or
remedies as to any default does not operate as a waiver of any default or of any
such rights or remedies. Delays by either party in asserting any of their rights
and/or remedies do not deprive either party of its right to institute and maintain
any actions or proceedings that it deems necessary to protect, assert or enfome any
such rights or remedies.
C. In addition to any other rights or remedies, either party may institute legal action
to cure, correct or remedy any default, to recover damages for any default, or to
obtain any other remedy consistent with this Lease. Any such legal actions must
be instituted in the Superior Court of the State of California in and for the County
of San Bernardino or any other appropriate court within the County of San
Bernardino, or in the Federal District Court for the Central District of California
located in the County of Riverside, California.
D. The rights and remedies of the parties set forth in this Section are cumulative and
the exercise by either party of one or more of such rights or remedies does not
preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
10. I~!spection. Upon reasonable notice to EVWD, the Agency has the right to inspect the
Premises at reasonable times for compliance with any or all of the terms and conditions
of this Lease.
11. Notices. Any notice to be given or other documents to be delivered by any party to
another party or parties hereunder may be delivered in person to an officer of any party or
may be deposited with the United States Postal Service within the State of California,
duly certified or registered, return receipt requested, with adequate postage prepaid, or by
Federal Express or other comparable express delivery service and addressed to the party
for whom intended, as follows:
To the Agency:
Redevelopment Agency of the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 92401
Attention: Executive Director
SB2001:I332.1 6
With a Copy to:
Lewis, D'Amato, Brisbois & Bisgaard, LLP
650 East Hospitality Lane, Suite 600
San Bemardino, California 92408
Attention: Timothy J. Sabo
To EVWD: 1155 Del Rosa Avenue
P.O. Box 3427
San Bemardino, California 92413
Attention: General Manager
All notices or other documents delivered in person to an officer of any party will be immediately
effective and those deposited with the United States Postal Service for delivery, in accordance
with this Section, will be effective 5 days following such deposit.
12. Construction of Lease. The agreements contained herein shall not be construed in favor
of or against any party, but shall be construed as if all parties prepared this Lease.
13. Headers, Titles and Captions. The headers, titles and captions used in this Lease are for
convenience only and are not a part of this Lease and do not in any way limit or expand
the terms and provisions hereof.
14. Governing Law, Jurisdiction and Venue. This Lease and the documents in the forms
attached hereto as exhibits will be governed by and construed under the laws of the State
of California. This Lease is deemed made and entered into in San Bernardino County,
California. Any legal actions arising from or under the terms and provisions of this Lease
must be brought in the Superior Court of the State of California in and for the County of
San Bernardino.
15. Attorney's Fees. If any action is instituted by any party to this Lease against any other
party or parties to this Lease in connection with this Lease, the ParW or parties prevailing
in such action are entitled to recover from the losing party or parties all of its/their costs
and expenses, including reasonable attorney's fees and costs. For the purposes of this
Lease, the phrase "reasonable attorney's fees and costs" includes the salary, wages,
benefits and overhead of the City Attorney of the City of San Bernardino and members of
his staff.
16. Gender and Number. In this Lease, unless the context clearly requires otherwise, the
masculine, feminine and neuter genders and the singular and the plural shall include one
another.
17. Entire Agreement. This Lease constitutes the entire agreement between the Agency and
EVWD and may not be amended without the prior written consent of each of them. This
Lease supersedes all prior negotiation, discussions and previous agreements between the
SB2001:t 332.1 7
parties concerning the subject matters covered herein. The parties intend this Lease to be
the final expression of their agreement with respect to the subjects covered herein and a
complete and exclusive statement of such terms.
18. Modification or Amendment. No modification, waiver, amendment, discharge, change
or alteration of this Lease is valid, unless in writing and signed by each of the parties to
this Lease.
19. Counterparts/Duplicate Originals. This Lease may be executed by the parties hereto in
duplicate originals, each of which shall be considered an original, but all of which
together shall constitute one and the same instrument.
20. Severabilitv. Every provision of this Lease is intended to be severable. If any provision
of this Lease or the application of any provision hereof to any party or circumstance is
declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of
competent jurisdiction, such invalidity shall not affect the other terms and provisions
hereof or the application of the provision in question to any other party or circumstance,
all ofwkich shall continue in full force and effect.
21. Required Approvals. This Lease is not binding on the Agency, until signed by an
authorized representative of EVWD, as evidenced by a certified copy of the resolution of
the EVWD governing board approving and accepting this Lease attached to this Lease as
Exhibit "C," approved by the Community Development Commission of the City of San
Bernardino, as the governing body of the Agency, approved as to form by Agency
Special Counsel and executed by the authorized representative of the Agency.
SB2001:1332.1 8
IN WITNESS WHEREOF, the Agency and EVWD have duly executed this Lease
as of the dates set forth below.
AGENCY
Redevelopment Agency of the
City of San Bemardino
Date: By:.
Gary Van Osdel
Executive Director
APPROVED AS TO FORM:
Agency Special Counsel
EVWD
East Valley Water District,
a Califomia public entity
Date: By: '~l~/c ~, ~ ~, e'2f
Name: Glenn R. Lightfoot
Title: Board President
SB2001:1332.1 9
EXHIBIT "A"
Zimmerman Subdivision of lot 5;
excepting that portion belonging to San Bernardino County Flood Control lying
northeasterly of the line commencing at a point in the northwesterly line of said
lot, 260 feet southwesterly of the northwest corner of said lot, thence South 66
deg 22 min 00 sec East, 528 feet more or less to the easterly line of said lot;
excepting that portion belonging to San Bemardino County Flood Control
commencing at the southeast corner of said lot at the intersection of the north
line of Rancho Muscupiabe with the east line of said lot, thence northeasterly
along said east line 360 feet to the Bear Valley Ditch, thence northwesterly along
said Ditch, 36 feet, thence southerly to a point in said Rancho line, 155 feet
northwesterly of the Point of Beginning, thence southwesterly to the Point of
Beginning;
excepting the well site commencing at a point North 45 deg 00 rain 00 sec West,
221.12 feet from the southeast corner of said lot, this point being the intersection
of the north line of Foothill Drive, 40 feet wide, with the East line of the property
conveyed in Book 1865, Page 281, thence North 40 deg 25 min 00 sec East, 40
feet, thence North 45 deg 00 min 00 sec West, 25 feet, thence South 40 deg 25
min 00 sec West, 40 feet, to the north line of Foothill Drive, thence South 45 deg
00 min 00 sec East, 25 feet to the Point of Beginning.
This property is also referred to as Assessor's Parcel Number: 0155 381 45,
as of 3/22/01
EXHIBIT B
HAZARDOUS MATERIALS DEFINED
"Hazardous Materials" as used in this Indemnity shall mean any hazardous or toxic materials,
pollutants, effluents, contaminants, radioactive materials, flammable explosives, chemicals known
to cause cancer or reproductive toxicity, emissions or wastes and any other chemical, material or
substance, the handling, storage, release, transportation, or disposal of which is or becomes
prohibited, limited or regulated, is or becomes known to pose a hazard to the health and safety of the
occupants of the Property including, without limitation, (i) asbestos, (ii) petroleum and petroleum
by-products, (iii) urea formaldehyde foam insulation, (iv) polychlorinated blphanyls, (v) all
substances now or hereafter designated as "hazardous substances", "hazardous materials", or "toxic
substances" pursuant to the Comprehensive Environmental Response, Compensation and Liability
Act of 1980 ("CERCLA"), 42 U.S.C. Section 9601, et seq., as amended by the Superfund
Amendments and Reauthorization Act of 1986 ("SARA"), the Federal Water Pollution Control Act,
33 U.S.C. Section 1251 et seq., the Clean Air Act, 42 U.S.C. Section 7401 et seq., the Hazardous
Materials Transportation Act, 49 U.S.C. Section 1801 et seq., or the Resource, Conservation and
Recovery Act, 42 U.S.C. Section 6901 et seq.; (vi) all substances now or hereafter designated as
"hazardous wastes" in Section 25117 of the California Health and Safety Code; (vii) all substances
now or hereafter designated by the Governor of the State of California pursuant to the Safe Drinking
Water and Toxic Enforcement Act of 1986 as being known to cause cancer or reproductive toxicity,
or (viii) all substances now or hereafter designated "hazardous substances", "hazardous materials"
or "toxic substances" under any other federal, state or local laws or in any regulations adopted and
publications promulgated pursuant to said laws.
SB2001:1332.1 11
EXHIBIT C
RESOLUTION OF EAST VALLEY WATER DISTRICT
APPROVING AND ACCEPTING LEASE
SB2001:1332.l 12
LEWIS, D'AMATO, BRISBOIS & BISGAARD
May 15,200 l
Steven M. Kennedy
BRUN1CK, ALVAREZ & BATTERSBY
1839 Commcrcenter West
Post Office Box 6425
San Bemardino, California 92412
Re: Proposed Lease Between Redevelopment Agency of the City of San Bemardino and
East Valley Water District
Dear Mr. Kennedy:
Since our last discussion of the environmental indemnity in the above-referenced agreement,
[ have spoken with the Redevelopmenl Agency staff and further reviewed the environmental
indemnity language contained in the proposed lease agreement. Enclosed with this letter is a black-
line of the proposed agreement, with revised environmental indemnity lm~guage, for your review.
The revised indemnity is expressly limited to the time period of £VWD's use or occupancy
of the property. Also, the indemnity is expressly limited to Environmental Matters that result from
the actions of EVWD, its agents, contractors or subcontractors. This has always been the intent of
the indemnity and the revisions altempt to make this intent clear. Hopefully, these limitations will
assuage any concerns regarding the potential extension of the indemnity beyond thc activities of
EVWD on the property. Additionally, the joint environmental inspection and sotne duplicative text
in the previous indemnity have been deleted.
Hopefully, EVWD can pass the revised environmental indemnity along to its prime
contractor, as EVWD has not contracted for the water tank installation, yet.
Sleven M. Kennedy
May 15, 2001
Page 2
Il*you would like to discuss this matter further, please contact me.
e~m~sfo~r~~' ~Sincer~0' .// ~
LEWIS, D'AMATO, BR.ISBOIS & BISGA. ARD LLP
DW
Enclosure
cc: Ga~/Van Osdcl
· LOC'~L AGENCY FORMATION COMMISSION /
COUNTY OF SAN BERNARDINO /
175 West Fifth Street, Second Floor
San Bernardino, CA 92415-0490'(909) 387-5866 · FAX (909).,~/8 ¢,~?::~'-'7~7~
E-MAIL: lafco @ lafco.co.san-bemardino.ca.us
DATE: MAY 16, 2001__
FROM: JAMES M. ROD 0 Executive Officer
TO: GENERAL MANAGERS, INDEPENDENT SPECIAL DISTRICTS
SUBJECT: BALLOTING RESULTS FOR ALTERNATIVE LAFCO FUNDING
A majority of the districts representing a majority of the population in the
county have APPROVED the alternative funding formula recently
distributed to the independent special districts of San Bernardino
County. As noted on the attached balloting summary, 29 districts voted
"yes" on the alternative, 18 districts voted Uno," and 7 districts did not
vote.
As noted on the ballot, this funding alterr{ative will be applied for only
Fiscal Year 2001-02. It is expected that the State Legislature will amend
the statutory formula sometime this year; however, the districts will
retain the option of developing an alternative funding formula for future
fiscal years if they wish to do so.
L&FCO staff v¢ishes to thank the members of the Special Districts'
~Working Group" for their work in developing this funding formula, and
all the district board members and staffs who participated in the process.
JMR/
Attachment:
Ballot TabulatiOn
APRIL 4, 2001 ALTERNATIVE FUNDING FORMULA I ·
LAFCO APPORTIONMENT
TOTAL REVENUES PROM 1997-98 STATE CONTROLLER REPORT .
~ARSTOW CEMETERY ~58.440'[ ! 2,7~0
TV~NTYNINE PALMS ~EM Elf ERY 160,63~ i ; 250 X
RELEASE OF LIENS
V MAY 14, 2001
ACCOUNT OWNERS PROPERTY AMOUNT
NUMBER NAME ADDRESS OWED
1. 022-0047-4 1276 36TH ST 79.33
2. 022-0131-7 3716 FERNDALEAVE 32.68
3. 053-0260-2 1804 ARGYLE AVE 318.69
4. 073-0018-2 7098 DWIGHT WAY 105.03
5. 073-0204-4 7107 DWIGHT WAY 88.70
6. 163-0107-1 6928 COUNTRY OAKS DR 12.42
7. 164-0087-1 7895 VALENCIA CT 22,65
TOTAL ,-'~ x/?~' $ 659.50
+PAID THROUGH TAX ROLLS
Page 1 of 1
RELEASE OF LIENS
MAY 14, 2001
ACCOUNT OWNERS PROPERTY AMOUNT
NUMBER NAME ADDRESS OWED
1. 001-0050-3+ 1120 34TH ST 82.21
2. 002-0156-9+ 1262 EUREKA ST 244.13
3. 008-0704-7+ 27111 STRATFORD ST 17.88
4. 008-1519-1+ 7216 KENSINGTON CT 163.23
5. 015-0050-1+ 25339 LOS FLORES DR 138.39
6. 019-1647-1+ 7044 VINE ST 70.44
7. 025-1773-2+ 26596 CYPRESS ST 61.06
8. 031-0016-5+ 5828 STANTON AVE 105.86
9. 031-0031-1+ 6001 ARDEN AVE 128.60
10. 031-0117-1+ 6025 BLYTHE AVE 99.05
11. 031-0119-5+ 26213 HOLLYVISTA BLVD 60.35
12, 033-0105-1+ 6073 HUDSON AVE 20.01
13. 034-0018-4+ 2743 FAIRFAX DR 58.90
t4. 036-2030-2+ 3518 21ST ST 84.59
15. 042-0210-9+ 25405 HOLLY VISTA BLVD 54.27
16. 042-0210-1+ 25405 HOLLYVISTA BLVD 59.32
17. 044-0231-0+ 6284 ELM ST 93.20
18, 044-0243-3+ 25451 26TH ST 46.26
19. 051-0051-2+ 6826 ELMWOOD RD 165.58
20, 054-1493-2+ 27075 VILLA AVE 39.82
21. 071-0010-6+ 7043 NEWBURY AVE 42.00
22. 071-0060-5+ 7147 ELM AVE 274.06
Page 1 of 3
23. 071-0113-0+ 25546 FISHER ST 154.31
24. 073-0033-0+ 7204 DWIGHTWAY 64.54
25. 073-0093-3+ 25153 INDEPENDENT PL 65.14
26. 074-2356-1+ 7163 BRADFORD AVE 42.20
27. 081-0028-1+ 2148 JANE ST 236.33
28. 081-0115-2+ 25862 BYRON ST 140.93
29. 082-0201-0+ 25435 PALOMA RD 130.70
30. 082-0262-1+ 7449 DEL ROSAAVE 78.09
31. 082-0264-1+ 1178 BARTON ST 32.34
32. 084-1280-5+ 7160 VINE ST 45.63
33. 091-1421-1+ 7132 VICTORIA AVE 77.11
34. 092-0177-2+ 7449 NEWCOMB ST 97,03
35. 093-0058-1+ 27153 10TH ST 17.36
36. 093-0326-2+ 7565 BONITA DR 55.56
37. 094-0172-1+ 7701 GOLONDRINA DR 108.50
38. 101-0081-2+ 26463 TEMPLE ST 130.29
39. 101-0177-0+ 7387 LYNWOODWAY 138,76
40. 103-0117-4+ 25851 UNION ST 55.54
41. 104-0123-1+ 7933 WHITLOCKAVE 21,32
42. 104-0161o3+ 8153 WHITLOCKAVE 79.90
43. 104-0195-2+ 8030 COOLEYST 45.91
44. 105-2947-0+ 27376 RUSTIC LN 106.38
45. 111-0270-3+ 27057 CYPRESS ST 271.75
46. 111-0300-7+ 26577 WARD ST 93.50
Page 2 of 3
47. 112-0137-7+ 24624 LITTLE 3RD ST 47.53
48. 127-0396-1+ 28830 EDWARD VIEW DR 317.63
49. 136-00'10-0+ 7250 KNOB HILL RD 34.74
50. 141-0188-5+ 3665 HOLLY VISTA DR 13.92
51. 142-0057-1+ 2895 PEPPER ST 145.06
52. 142-6203-7+ 3023 PINON CT 96.92
53. 144-0004-1+ 7786 CHURCH AVE 45.46
54. 153-0404-1+ 7417 MOUNTAIN LAUREL DR 286.31
55. 155-0009-5+ 7756 SAN FRANCISCO ST 55.95
56. 161-5043-1+ 29336 POLO ST 41.66
57. 164-0109-1+ 7960 VALENCIA CT 50.90
TOTAL f~/ $5,534,41
+PAID THROUGH TAX ROLLS
Page 3 of 3
WESTCAS' 9th A.nnual Conference
June 20 22, 2001
Hotel Information
The Hyatt Islandia
t441 Quivira Road
San Diego, CA 92109
Phone: (619) 224-1234
Room Reservations Only: (888) 591-1234 OR On-line Reservations: www.hyatt, com
~ HOTEL RESERVATION DEADLINE: TUESDAY, MAY29, 200f
~r Room Rate: $159 per night for single/double occupancy: BE SURE TO MENTION WESTCAS. Rates are goo¢ 1
day before and 1 day after conference dates.
~' Located in the heart of Mission Bay Park, 6 miles to San Diego Int'l Airport, Cloud 9 Shuttle service from airport-
apprex. $8.00 per person.
~' Hotel has full-service executive business center, free parking, hairdryers & coffee makers in all rooms, pool and spa,
and exercise center.
Conference Registration
Please complete a registration form for each Perficipant. Deadline for early reglstration is: .~UI~E ]1, 20#1 For members:
r~ $150 early registration [] $ 20 additional breakfast ticket
r~ $200 late registration [] $ 30 additional banquet ticket
[] meeting fees prepaid [] $ 35 can't attend but want to purchase marls
For non-members:
o $135 non-rnemberfirst meeting registration [] $295 late registration
[] $255 early registration, ,,.
[] Free for first time, non-member, Callfo ,mia a~lencles and/or companies
Name:
Agency:
Mailing Address:
City, State, Zip:
Phone: ,,.
Send registration form & payment to:
WESTCAS c/o EMWD
~ Attn: Donna Jacomet For add'i information call (909) 928-3777, ext. 4206
PO Box 8500
Perris, CA 92572-8300 FAX NUMBER (909) 928-6160
~zn3c pLEASE NOTE ~lc CoJl%oe o£
~t ~in, pa?ertl ~r ~is ~'~t. R~afions xd~out ~?ent ~ not accepted, if pa)i~ ~' p~a~ order, a cop)
First Name on Bat d~e accel P.O. must ~ a~ch~ to ~e re~s~fion fom~. Fuji re,rids, minus a $15 aclmMs~a~e f~,~xiH be
~en for cancelh~ons ~ix~ ~mu~ J~e 22, 2001. ~cellaOons must ~ ~ix~ int~fi~ng.
Company ~ I ~dll ~quire a vegeudan lunch.
Home Address: ~ ~s~Oon F~S225 (I~ludes aU code~nce ~tefi~s, con~en~l b~t aM lunch, and ~r~ng
Street .~pt. ~ I ~SH TO PAY BY:
Ci~': Sme .Zip ~ ~rch~e O~er
~ C~dit Ca~ ~ VISA ~ MasterCa~
Day Phone ( ) Home or Wo~
CaM ~ Ex,,Date
FAX No. ( Ca'holder's Name
E-Mai] Add.ss Au~ofized Si~ature
Marl comple~ ~fion b~ to: Mana~ng ~o~a's Water ~u~ ~minar, ~US~ Cdle~ of For ques~ns a~ut ~e confemn~ or phys', ~] or learning
Ex~nd~ Lea~ 55~ Llnh~ni~ Pa~, S< ~m~<, CA 92~%2397.
CALIFORNIA STATE UNIVERSITY '
SAN BERHARDINO $32554 ~Z '
College of Extended Learning EAST VALLEY WATER DISTR~CT-, '~o;
~i55 Oel Rosa Ave
5500 Universi~ Parkway San BepnaPdi~o CA 924
San Bemardino, CA 92407-2397
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