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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 03/12/2001 East Valley Water District REGULAR BOARD MEETING March 12, 2001 5:30 P.M. DONAHUE COUNCIL CHAMBERS 27215 Baseline Highland CA. AGENDA - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - "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 Monday meeting not requiring departmental investigation, will be considered by the Board of Directors". - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CALL TO ORDER PLEDGE OF ALLEGIANCE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1. Approval of Agenda 2. Public Comments CONSENT CALENDAR 3. Approval of Special Board Meeting Minutes for February 23, 2001. I 4. Approval of Liens for Delinquent Water and Sewer Accounts. 5. Review and accept Financial Statements for period ending January 31, 2001. 6. General Fund Disbursements 4183915 through 4184250 in the amount of$810,253.56 and Payroll Checks 48499 through 98553 in the amount of $59,021.56 and Payroll Checks #8554 through 98607 in the amount of$60,069.39, totaling $929,34451. OLD BUSINESS 7. Radon Rule Update. (General Manager) S. Approval of Second supplement to Perchlorate Research Agreement between EVWD and AWWARF. 9. Approval of Property Exchange Agreement with City of San Bernardino Water Department. 10. Approval to Bid Plant #37 Reservoir/Pump Station project. NEW BUSINESS 11. Public Hearing to consider the adoption of a resolution setting water rates for the services provided by the East Valley Water District, 12. Resolution 2001.03 —EstabIishment of Water Rates for the East Valley Water District, 13. Review the proposed rules, regulations and fees for water and sewer service to be considered by the Board of Directors on April 9, 2001. 14. Directors' fees and expenses for February 2001. 15. Claim for damage by Mr. Frank Spiret at 6745 Yates Ave. REPORTS 16. February 9, 2001, February 22, 2001 and March 1, 2001 - Releases of Lien for Delinquent Water and Sewer Accounts. 17, General Manager's Report is. Oral Curnments from Board of Directors. CORRESPONDENCE 19. Letter to Congressman Lewis requesting his consideration and support of a water supply and distribution project proposed by EVWD. MEETINGS 20 The Water Resources Institute"Bottled Water Industry Overview", March 8, 2001, CSUSB. 21. SBV Water Conservation District and The Water Resources Institute are Co-Hosting "The First Quarterly Breakfast", The Hilton Hotel, 285 E. Hospitality Lane, San Bernardino, CA., March 19, 2001. 22. ASBCSD MEMBERSHIP MEETING & VENDOR FAIR, Panda Inn, 3223 Centerlake Dr., Ontario, CA., March 19, 2001. 23. ACWA — "Conjunctive Use" an Educational Conference, April 11 - 12, 2001, Ontario Convention Center. ADJOURN 2 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING FEBRUARY 23, 2001 MINUTES The meeting was called to order at 11:07 a..m. by President Lightfoot. Director Goodin led the flag salute. PRESENT: Directors Wilson, Sturgeon, Goodin, Lightfoot ABSENT: Director Negrete STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Alberta Hess, Chief Financial Officer; Mary Wallace, Administrative Assistant. LEGAL COUNSEL: Steve Kennedy GUEST(s): None APPROVAL OF AGENDA M/S/C (Goodin-Sturgeon) that the February 23, 2001 Agenda be approved as submitted. PUBLIC PARTICIPATION President Lightfoot declared the public participation section of the meeting open at 11:08 a.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF FEBRUARY 12, 2001 BOARD MEETING MINUTES. M/S/C (Sturgeon-Wilson)that the February 12, 2001 Board Meeting Minutes be approved as submitted. NOTICE OF EXEMPTION FOR WELL #142 was presented to the Board for adoption. M/S/C (Wilson-Goodin) that the Notice of Exemption for District Well #142 be adopted by the Board. CLOSED SESSION M/S/C (Goodin-Wilson) that the meeting adjourn to Closed Session. The Board entered into session at 11:10 a.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-Sturgeon) that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to open session at 11:37 a.m. The items listed on the Agenda were discussed with no reportable action being taken except to authorize Legal Counsel to sign the Cooperative Defense Agreement regarding the FERC Relicensing Process on behalf of the Board of Directors of the East Valley Water District, and that the General Manager and General Counsel be authorized to prepare and file a motion to intervene in the proceedings on behalf of the District. ADJOURN The meeting was adjourned at 11:40 a.m. Glenn R. Lightfoot, President Robert E. Martin, Secretary Minutes:02/23/01 CERTIFICATE OF LIEN MARCH 12, 2001 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 001-0019-0' 3369 GARDEN DR 156.92 ~,~ 001-0091-1' 1135 33RD ST 3. 001-0236-2' 3521 GARDEN DR 54.02 ~ 002-0073-3* 3412 MOUNTAIN AVE 5. 004-0027-3*+ 7370 MCKINLEY ST 22.36 6. 004-0160-6' 7432 MCKINLEY ST 117.95 7. 008-0844-2* 27124 CLIFTON ST 47.72 8. 008-1824-1' 26920 FISHER ST 188.22 9. 015-0035-6 25444 TOLUCA DR 25.03 10. 019-1623-3' 7009 ALICE ST 42.46 1~:, 022-0094-0 3805 CONE JO DR 12. 031-0163-2' 5959 BLYTHE AVE 33.26 13. 035-0021-2' 26287 29TH ST 124.65 14. 042-0102-1' 2942 PARK AVE 164.34 15. 042-0183-2' 5956 IRONWOOD ST 54,08 16. 06t-0026-2' 25126 19TH ST 193,32 17. 061-0095-5' 25238 PACIFIC ST 47,10 18. 062-0127-4'+ 2159 DUMBARTON AVE 512.17 19. 072-0003-2 6930 ELMWOOD RD 56.73 20. 081-0210-1' 7068 ARGYLE AVE 59.56 21. 092-0123-2'+ 7466 GUTHRIE ST 79.17 22. 094-0172-4' 7701 GOLONDRINA DR 103.34 23. 101-0030-5'+ 7544 VALARIA DR 334.08 24. 101-0110-2' 7411 LOS FELIZ DR 71.05 Page 1 of 2 25. 104-0020-8' 24262 4TH ST 44.50 26. 125-0067-5' 7568 CANYON OAK DR 129.82 27. 136-0017~* 7355 SAN FRANCISCO ST 174.63 28. 136-0025-2'+ 7348 SAN FRANCISCO ST 86.90 29, 140-0310-4' 7188 STONEY CREEK DR 49,68 30. 140-0310-4 7188 STONEY CREEK DR 19.75 31. 144-0572-5' 7724 PALM AVE 58.45 32. 154-2197-0' 6959 CONE JO DR 45.53 33. 162-0429-1' 29549 CHANDLER RD 115.32 34. 164-0093-5' 7915 VALENCIA CT 12.60 $3,505.12 TOTAL * STILL OWNS PROPERTY + MULTIPLE UNITS Page 2 of 2 V~-~e Glenn R. Ughffoot EaSt y Water District .,eald.t Donald D. Goodin V~ce President 1155 Del Rosa Avenue., P.O. Box 3427 Kip E. Sturgeon Director San Berr~ardino, California 92413 Edward S. Negrete (909) 889-9501 Director George E. "Skip" Wilson Director Robert E. Martin General Manager Alberta M. Hess Chief Financial Officer March 6, 2001 The accompanying financial statements for the period ending January 31, 2001, have been prepared solely by the staff of the East Valley Water District and have not been audited, reviewed, or compiled by an independent certified public accountant. Management has elected to omit substantially all of the disclosures and the statement of cash flows required by generally accepted accounting principles. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the District's financial position, results of operations and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters. Administration (909} 885-4900, Fax (909) 889-5732 · Engineering (909) 888-8986, Fax (909) 383-1481 Customer Service & Finance (909) 889-9501, Fax (909) 888-6741 ~ East Valley Water District Balance Sheet January 31, 2001 ASSETS UTILITY PLANT- at cost: Utility plant in service - water depar~_ent $65,872,278.65 Utility plant in service - sewer department 19,29 I~ 142.64 85,163,421.29 Less: Accumulated depreciation (24~988,910.79) 60,174,510.50 Construction in progress 4~412,131.12 64~586~641.62 RESTRICTED ASSETS: Water department - bond funds - cash in bank 6,475.00 Certificate of Participation reserved funds - cash in bank 283,589.75 Reserved funds - designations - cash in bank 1~561,450.00 1~851~514.75 CURRENT ASSETS: Cash on hand and in banks 10,767,346.28 Less: Cash restricted 1~851 ~514.75 8,915,831.53 Accounts receivable (net of allowance) 796,858.48 Other receivables (net of allowance) 123,142.46 Inventory 725,442.69 Prepaid expenses 249~791.53 12,662,581.44 OTHER ASSETS AND DEFERRED COSTS (Net of Amortization): Bond discount and incidental bond expenses i 13,229.40 Deferred financing charges 295,461.00 408~690.40 TOTAL ASSETS $7%509,428.21 V ~ East Vafley Water District Balance Sheet ~anua~ 31, 2001 LIABILITIES AND EQUITY LONG- TERM DEBT: Certificates of Participation due after one year $11,125,000.00 Less: Deferred amount on refunding o f Certificates of Participation (286~617.84) 10~838~382.16 CURRENT LIABILITIES: Accounts Payable 852,908.93 Accrued payroll and benefits 393,130.58 Accrued pension contributions 5,923.53 Customer service deposits 961,758.48 Deferred Rental Income 53,333.00 Accrued interest payable 65,128.9 l Deposits - refundable 97,120.09 Certificates of Participation due within one year 760~000.00 3~189~303.52 TOTAL LIABILITIES 14~027~685.68 EQUITY: Contributed capital: Invested in utility plant 22,485,372.26 Other contributed capital 3,665,614.18 Retained earnings: Reserved for water bond funds 6,475.00 Keserved for emergencies 1,545,000.00 Reserved for unemployment insurance 16,450.00 Fund Balance 35,945,351.39 Net Income for current year 1~817~479.70 TOTAL EQUITY 65,481,742.53 TOTAL LIABILITIES AND EQUITY $79,509,428.2'1 East Water District TO: BOARD OF DIRECTORS FROM: ALBERTA M. HESS / CHIEF FINANCIAL OFFICER SUBJECT: DISBURSEMENTS DURING THE PERIOD FEBRUARY 7, 2001 THROUGH FEBRUARY 28, 2001 CHECK NUMBERS 183915 THROUGH 184250 IN THE AMOUNT OF $810,253.56 WERE ISSUED. PAYROLL CHECKS 8499 THROUGH 8553 IN THE AMOUNT OF $59,021.56 WERE DISTRIBUTED ON FEBRUARY 14, 2001 AND PAYROLL CHECKS 8554 THROUGH 8607 IN THE AMOUNT OF $60,069.39 WERE DISTRIBUTED ON FEBRUARY 28, 2001. TOTAL OF ACCOUNTS PAYABLE DISBURSEMENTS AND PAYROLL FOR THE PERIOD - $929,344.51~ SECOND SUPPLEM~NTTO PERCHLOP~%TE I~ESF~tRCH AGP. EE~4ENT THIS AGREEMENT is entered into as of the %% day of ~w~ , 2001, by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "EVWD"), and AMERICANWATER WORKS ASSOCIATION RESEARCH FOUNDATION, a Delaware non-profit corporation hereinafter "the Foundation"). A. EVWD is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. EVWD provides water service to residential, commercial, and industrial properties within its jurisdictional boundaries. B. The Foundation is a non-profit corporation organized to sponsor practical applied research on behalf of the drinking water industry through planning, managing, and fundin~ research and development regarding the subject of drinking water. C. On or about June 29, 1998, EVWD obtained funding from the United States Environmental Protection Agency (hereinafter "EPA") for the purpose of conducting perchlorate treatment research (hereinafter "the Project") pursuant to Grant Agreement No. R 826422-01-0 (hereinafter "the Grant"). D. On or about October 9, 1998, EVWD and the Foundation entered into a Perchlorate Research Agreement for the purpose of establishing the respective duties and responsibilities of both parties with respect to the use of funds from the Grant and implementation of the Project. E. On or about Septeraber 10, 1999, EVWD obtained additional funding from the EPA for the Project pursuant to Assistance Amendment No. R 826422-01-1. F. On or about January 24, 2000, EVWD and the Foundation entered into a First Amendment to Perchlorate Research Agreement for the purpose of supplementing the Perchlorate Research Agreement and establishing the respective duties and responsibilities of both parties with respect to the use of funds from Assistance Amendment No. R 826422-01-1 and implementation of the Project. G. On or about September 21, 2000, EVWD obtained additional funding from the EPA for the Project pursuant to Assistance Amendment No. R-82642201-2, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by this reference (hereinafter ~the Assistance Amendment"). H. The purpose of this Agreement is to set forth the duties and responsibilities of the parties hereto with respect to the use of funds from the Assistance Amendment. NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: Section 1. ~ANAGEMENT OF GRANT MONIES. Section 1.1. ' Fun ' . EVWD shall receive and manage all funds furnished by the EPA pursuant to the Assistance Amendment. The Foundation will fully fund all other costs, fees, -2- expenses, deposits, charges, rates, fines, penalties, taxes, and/or assessments incurred and/or levied in connection with the Project which are not paid for by funds received under the Assistance Amendment. The total funding of the Project shall be without any financial contribution or advance by EVWD. Additionally, the Foundation agrees that it will waive all contribution rights against EVWD for funding of the Project and other associated costs. Section 1.2. Quarterly Re~or~s. The Foundation shall furnish EVWD with quarterly reports which shall consist of a summary of activities and expenditures undertaken by the Foundation in connection with the Project. These quarterly reports from the Foundation will be sent to EVWD for incorporation into a final quarterly report to be submitted by EVWD to the EPA Project Officer as required under the Grant and/or the Assistance Amendment. Requests for reimbursements and/or payments for expenditures undertaken by the Foundation shall be submitted to EVWD on a quarterly basis. Ail requests for payment shall include paid invoices in support thereof. All original data generated in connection with the Project, including invoices and payroll documentation, shall be made available and furnished to EVWD and its auditors upon request. Within 48 hours of receipt of payment therefor from the EPA, or otherwise within a reasonable time after such receipt, EVWD will disburse all funds paid by the EPA that are due to the Foundation. If the Foundation has not received such payment within thirty (30) days of request for payment, the Foundation may temporarily suspend its work on the Project or begin the process of terminating any subcontracts entered into by the Foundation pursuant to this Agreement. Section 2. ADMINISTRATION OF PROJECT. Section 2.1. Agency. Subject to the provisions of this Agreement, the Foundation agrees to act as agent for EVWD in administering the Project and retaining a firm or firms to perform services in connection therewith. Section 2.2. Retention of Consultants. All subcontracting research agreements shall be negotiated in consultation with EVWD, must be solicited and let in conformance with all applicable laws, and will not be deemed effective until approved by EVWD in the exercise of its sole discretion. Neither EIrWD's review, approval, or acceptance of, nor payment for, any of the services authorized herein shall be construed as a waiver of any rights under this Agreement or of any defense or cause of action which it may have arising out of the performance of this Agreement. Section 2.3. Standard of Care. The Foundation shall be responsible for ensuring that all services authorized herein are performed in compliance with the terms and conditions of the Grant and the Assistance Amendment, in accordance with generally accepted professional practices and principles, and in a manner consistent with the level of care and skill ordinarily exercised by menfoers of the same profession currently practicing under similar conditions. --4-- The Foundation and all consultants and subcontractors shall observe and cause all work and deliverables to conform to all applicable federal, state, and local laws and regulations. Where approval or acceptance by EVWD is indicated in this Agreement, it is understood to be conceptual approval only and does not relieve the Foundation or its contractors, consultants, or subcontractors of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or their own willful misconduct. The Foundation agrees to defend, indemnify, and hold harmless EVWD and its officers, agents, and employees from and against any and all claims, costs, suits, and damages, including attorneys fees, arising from the willful misconduct or negligent acts, errors, or omissions of the Foundation and its contractors, consultants, or subcontractors in connection with the Project. Section 3. PREPARATION OF FINDINGS. The Foundation and END will Jointly own all rights relating to intellectual property that are acquired, retained, and/or reserved by the Foundation, in full or in part, under Section 14 of the model subcontract attached as Exhibit B to the Perchlorate Research Agreement, which provision must be included in all subcontracts entered into by the Foundation for the Project unless otherwise agreed by EVWD. Section 4. ASSUMPTION OF DUTIES. Unless otherwise determined by EVWD in the exercise of its sole discretion, the Foundation hereby assumes and agrees to perform and comply with all obligations required of EVWD under the terms of the Grant and all Assistance kmenckn%ents. The activities performed by the Foundation in connection with the Project shall be in strict accordance with the provisions contained in the Grant and the Assistance A~endments, and shall be subject to all applicable terms, conditions, and covenants set forth therein and/or otherwise required by EPA. Section 5. AUDITS. The Foundation shall make available to EVWD and its appointed representatives all records and accounting documents pertinent to the Project for the primary purpose of meeting the Single Audit Requirements in accordance with Circular A-133 of the United States Office of Management and Budget standards. Section 6. Section 6.1. Indemnification of E~q4D. In addition to all other obligations imposed herein, the Foundation agrees to defend, inder~nify, and hold harmless EVWD and its officers, agents, and employees from and against any and all liabilities, costs, claims, suits, and/or damages, including attorneys fees, arising out of any act or omission, except for the gross negligence or willful misconduct of EVWD and/or its officers, agents, or employees, performed in connection with the Project, the Grant, the --6-- Assistance Amendment, the Perchlorate Research Agreement, the First Amendment to Perchlorate Research Agreement, and this Agreement. Section 6.2. Indemnification of the Foundation. In addition to all other obligations imposed herein, EVWD agrees to de.fend, indemnify, and hold harmless the Foundation and its officers, agents, and employees from and against any and all liabilities, costs, claims, suits, and/or damages, including attorneys fees, arising out of any act or omission, except for the gross negligence or willful misconduct of the Foundation and/or its officers, agents, or employees, performed in connection with the Project, the Grant, the Assistance Amendment, the Perchlorate Research Agreement, the First Amendment to Perchlorate Research Agreement, and this Agreement. Section 7. INSURANCE. Section 7.1. Sec__~. The Foundation shall procure and maintain during the performance of this Agreement such policies of insurance, bonds from an acceptable surety, cash deposits, and other forms of security, in amounts and upon terms deemed sufficient by EVWD in its sole discretion to protect EVWD from any and all exposure to liability. Section 7.2. Coverace. In addition, the Foundation shall procure and maintain during the term of this Agreement and any extensions thereof policies of insurance as follows: /// /// Workers' Compensation: The Foundation shall maintain Workers' Compensation insurance in accordance with the laws of the State of California in an amount not less than $500,000.00 per occurrence. Automobile Liability: Comprehensive automobile liability insurance shall be maintained with coverage for any vehicle operated on behalf of the Foundation, including those owned, leased, rented or borrowed, with liability limits for bodily injury and property damage of not less than $1,000,000.00 combined single limit per occurrence and uninsured motorist coverage of at least $1,000,000.00 or the statutory maximum. General Liability: The Foundation shall maintain general liability insurance which shall include coverage for contractual liability, independent contractors, products and completed operations, broad form property damage, explosions, collapse, underground hazards, and acts or omissions committed by the Foundation in the course of performing any activities in connection with the Project. This insurance shall be on a comprehensive, occurrence basis form with a standard cross liability clause and endorsement (ISO CG 2010 or equivalent). The limit for this insurance shall be not less than $1,000,000.00 combined single limit per occurrence for bodily injury and property damage. Section 7.3. Policy Reauirements. EVWD shall not be liable or responsible for the payment of any premiums or assessments for the insurance coverage required under this Agreement. Insurers shall have at least an A-5 policyholder's rating in accordance with the current Best's Kev Ratina Guide or equivalent. In addition, any and all insurers must be authorized to conduct business in the State of California, as evidenced by a listing in the official publication of the Department of Insurance of the State of California. Certificates of insurance and endorsements, acceptable to EVWD and verifying the insurance coverage required by this Agreement, shall be 'filed with EVWD -8- within ten (10) calendar days of the date of this Agreement. EVWD reserves the right to require complete and accurate copies of all insurance policies required under this Agreement.~ Ail such policies shall include as additional named insureds: EVWD, its Board of Directors, officers, employees, representatives, and agents when acting in their capacity as such in conjunction with the performance of this Agreement. These policies shall be primary insurance as to EVWD so that any other coverage held by EVWD shall be excess and noncontributory to any loss under the Foundation's insurance, and shall contain language to the effect that the insurer waives the right of subrogation against EVWD and any of its directors, officers, employees, representatives, and agents. Each insurance policy shall also specifically identify this Agreement and contain a clause which provides that the policy may not be canceled or changed without first giving thirty (30) days advance written notice to EVWD. In the event any policy of insurance expires at any time during the term of this Agreement and any extension thereof, the Foundation shall provide EVWD with a new certificate of insurance at least thirty (30) days prior to said expiration date evidencing coverage as required herein for a period of time not less than one (1) year. Failure on the part of the Foundation to keep in effect at all times the insurance coverage required by this Agreement shall constitute a material breach of this Agreement within the meaning of Section 9.5 hereof upon which EVWD may exercise any of the remedies under Section 10 hereof or, --9-- in its sole discretion, EVWD may instruct the Foundation to immediately suspend all activities on the Project until the Foundation achieves full compliance with its obligations hereunder. Section 8. TERM. The effective date of this Agreement shall be the date first above written, and, unless earlier terminated pursuant to Sections 10 and 18 hereof, this Agreement shall expire on November 1, 2004. Section 9. DEFAULT. The following shall be deemed events of default and cause for termination of this Agreement: Section 9.1. Insolvency. The Foundation becomes insolvent, or makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors. Section 9.2. Br_B_~. The Foundation files a petition under any action or chapter of the Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof; or the Foundation is adjudged bankrupt or insolvent in proceedings filed against the Foundation thereunder. Section 9.3. R~ceivershiD. A receiver or trustee is appointed for all or substantially all of the assets of the Foundation. Section 9.4. Abandonment. Either party hereto deserts or vacates any substantial portion of the Project without the consent of the other party. III Section 9.5. Breach. Either party hereto fails to comply with any term, condition, or covenant of the Grant, the Assistance Amendment, the Perchlorate Research Agreement, this Agreement, or any other contract entered into in connection with the Project. Section 10. REMEDIES FOR BREACH. Upon the occurrence of any event of default described in Section 9 of this Agreement, the party claiming such a default shall give the other party written notice thereof and, unless the default claimed represents a hazard or emergency that requires immediate action, the party claiming that a default has occurred shall give the other party hereto a period of ten (10) calendar days after the date of said written notice in which to cure said default. If the default is not timely cured, the non-defaulting party shall have the option to terminate this Agreement, with or without the benefit of court order, in addition to its other rights and remedies under the law. Section 11. ~QN-DISCRIMINATION The Foundation is an equal opportunity employer and, as such, does not and shall not discriminate'on the basis of age, sex, race, religion, color, national origin, physical or mental disability, or veteran status. EVWD supports this policy and agrees to require all subcontractors retained for the Project to (a) support said policy and (b) abide by all applicable laws, rules, and executive orders governing equal employment opportunity. -11- Section 12. NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated as of mailing or, in case of personal delivery, as of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this Agreement: To EVWD: East Valley Water District P.O. Box 3427 1155 Del Rosa Avenue San Bernardino, CA 92413 Attn: General Manager To the Foundation: American Water Works Association Research Foundation 6666 W. Quincy Avenue Denver, CO 80235 Attn: Executive Director Section 13. DISPUTES. Any dispute or controversy arising out of, under, or in connection with, or in relation to this Agreement, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through 1294.2 of~the Code of Civil Procedure. The cost of such arbitration shall be paid by the parties equally; however, the prevailing party in the arbitration shall be entitled to reimbursement of its attorneys fees and other -12- costs incurred in connection therewith. Section 14. ATTORNEYS FEES. If a dispute arises which cannot be resolved by arbitration, regarding the breach or enforcement of the provisions of this Agreement, the prevailing party therein shall be entitled to recover all attorneys fees or other costs actually incurred in connection with reaching a resolution of the dispute whether or not an action, claim, or lawsuit is filed. In any action brought, the entitlement to recover attorneys fees and costs will be considered an element of costs and not of damages. Section 15. ASSIGNMENT. Neither this Agreement nor any duties or obligations hereunder shall be assigned without the prior written consent of the parties hereto. In the event of an approved assignment, the assignee shall agree in writing to personally assume, perform, and be bound by the covenants, obligations, and agreements contained herein. Any such assumption shall be in form and substance reasonably satisfactory to the parties hereto. Section 16. INUREMENT. This Agreement shall be jointly and severally binding upon the parties hereto and their successors and assigns. Section 17. FURTHER ACTS. Each of the parties hereto agrees to execute and deliver all additional documents and perform all further acts that may be reasonably necessary to carry out the purpose, intent, and express -13- provisions of this Agreement. Section 18. INTEGRATION AND AMENDMENT. This Agreement constitutes the entire understanding of the parties hereto with respect to the Assistance Amendment and suPersedes any and all prior agreements, whether oral or written, between the parties in connection therewith. Notwithstanding anything to the contrary, it is expressly understood by the parties hereto that the terms of this Agreement supplement the Perchlorate Research Agreement and the First Amendment to Perchlorate Research Agreement, which provisions shall remain in full force and effect. This Agreement may not be amended unless in writing and signed by the parties hereto. Section 19. CAPTIONS. The captions of sections and subsections contained in this Agreement are for reference only and shall not be considered in the construction or interpretation of any provision hereof. Section 20. INTERPRETATION AND ENFORCEMENT. This Agreement shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared this Agreement and any uncertainty or ambiguity contained herein shall not be interpreted against any one party. Failure by either party to enforce any provision of this Agreement, or any waiver thereof by such party, shall not constitute a waiver of said party's right to enforce subsequent violations of the same or any other terms or conditions herein. This Agreement shall be enforced -14- and governed by and under the laws of the State of California, and venue for any action brought to interpret and/or enforce any provision of this Agreement shall be in a state or federal court located in the State of California with in rem or quasi in rem jurisdiction over EVWD. Section 21. ~IME OF THE ESSENCE. Time is of the essence in this Agreement, and the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants and conditions set forth herein and to perform such further acts as is reasonably necessary to effectuate the purpose of this Agreement. Section 22. $~VERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. Section 23. COUNTERPARTS. This Agreement may be executed in two (2) duplicate originals, each of which may be deemed to be an original. Section 24. AUTHORITY. Each individual executing this Agreement on behalf of a party hereto represents and warrants that he or she is fully and duly authorized and empowered to so execute on behalf of such party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers as of the date first above written. EVWD: By: East Valley Water District Glenn R. Lightfoot, President ATTEST: Secretary THE FOUNDATION: ter Works Association Research Foundation James F. Manwaring, Executive Director ATTEST: Notary Public -16- 1-22-2001 ~>=z~:3~'M FI.,,~¢~ EAST VALLEY WATER 989 88B 6,~,,~ P. 3 ,~A ...... R.$2642201 -2 * Page U.S. ENVIRONMENTAL I ~ClD I~E.~ PROTECTION AGENCY ,- ' ~PE OF ACTION [ ~LING DA~ ~~ A~ m.n.t~n: In~ ~ ~ ~ ~' ~sis~nce ~endment PAYM~T M~THOD; ACH~~ ~a~ RECIPtE~ ~PE: ~end Pay~nt Requ~ to: 1155 Oel R~a Avenue, PO ~ox ~27 E~t Vagey Wa~r EIN: ~005~4 San ~mat~[no. ~92413 Paul ~lte¢ ~ ~o~ Thumau ~ ~ 11~ Del Rosa Avenue, PO Box ~21 [ 26 W, Ma~n Lurer ~ 0~e ~S 6~ 1} 12~ Penns~a~ Ave, ~ ~n ~rnard~e, ~ g2413 C~c~nati, OH 45268 W~hington, DC 2~ E-Ma~I: E~I: ~u~.~epa.gov E-~fl: mam~a~.~m~.epa.gov Pho~e: ~9~ Phone: 513-55~75~ Phew: 202- I~cmase of Funds (Supp:emen~ ' BUDGET P.~OO IPR~"~ PERIOD I TOT~ BURET P"'OD COST J'OT~ PROJECT "E'Oo cos'~,81, Any ~hange to ~e Agf~ment by ~e R~Iplent su~usnt to ~e document ~lng slg~ed by ~e EPA A~rd Official, ~ch ~s~Ge/~endment ~ ~e &~t Valley Wate¢ DtstK~ for . 7&.00 ,% of all approved c~ Gmn~ ~tio~ Division . office of Res~mn and Oeve~p~n: 3~3R ~ W~hi~[o~ DC 2~60 ' Washing~n. DC 2~0 ~ UNITED STATES OF AM~CA SY TH~ U.S. E~IRONME~ PROTE~ON AGENCY , S~GNATUREOF~W~O~'GI IA~ /' ~ I~EpN~EANDTITLE .... ~is agreement ia subject to appll~ble U.S. Envlro~en~ Prote~on Agon~ s~to~ prov~lo~ and ~nce r~on~ ~pUng · s a~rd or amendment and any ga~en~ made pum~nt ~e~to, (1) ~e undemlgn~ mpr~en~ ~t KoberC E. Martin, General Manager 10/10/00 1-22-2~O1 ~:44~ F.'N,~ EAST VALLEY WATER gB9 888 6",..4 P.& EPA Funding Information FUNOS FORMER AWAP, D TH~$ ACTION AJ~FNDED TOTAL EPA ~OUn~ This Ac~on S 3,705,0~ ~PA Inked ~ount $ O ~ $ C Unex~d~ P~e~ ~ar Batan~e S 0 S ' S C ~lp~ent Co~b~on $1,1~,332 Alio~ble P~j~t CO~t $ 4,885.332 I I R - &'2S4220'I Budget Summa,'y Table A - Obj~t CI~ C~o~ TO~ Approved ~]o~1~ 4~ Equipment 6. ~n~u~ ~g8,13S 7; Con~on 9. T~I Dl~t Charg~ ~,753 10. Indim=t C~: 11.To~1 {S~sre: R~lp[ent 24.~ % F~eml 76.00 %.) . ~SZ5,7~ 12. To~I ~proWd ~is~n~ ~ount ~,~ ~13. Pr~mm Inoome ,, , $0 --?-2--2001 2:~-~I~M Fh~,~l EAST VALLEY WATER 989 888 6.,~1 V Administrative Conditions 1. The recipient agrees to comply with the MBEAtVBE terms and condition= outlined in ~achmen~ A. 2. The recipient's authorized budget includes, indlr~t costs in the amoun~ of ~56,981. ~e recipient agrees within 90 days of accepting this assistance agreemen~/amendmen~ ~o prepare and ~einta[n on file for review sn indirec~ cost rate proposal based upon the 9uldsnce in the enclose~ award is subject to the requirements of OMB Ci~cula, A-133, the recipient agrees to include ks indirect cost rate propos~( as pa~ of its A-~33 audit. (see ~0 CFR 30.5~1 or 30.26 as appropriate). 3, The recipient agrees ~ha~ WOrk shatl not begin on ~his project until ~he enclosed "Preaw~rd / Compliance Review Repo~", EPA Form ~7~4, has been completed and're=urned together with ~he signed accep[ance of this ass;stance agreement/amendment. 1-22-2(D01 2:4SPRI IN~]H' EAST VALLEY WATER @~9 888 ~/4! . P. 7 Sm~, ~od~ ~ Women's ~u~ E~te~Hs~ b pto~rement ~r ~si~c~ ~eeme~: (~) The r~p~en~ ac~p~ ~e ~pp~bl¢ ~ 199~ ~od~ Bu~ Ente~d~ ~)~ome~' Bus,ess Ent~flse ~E) ~ sh=e" go~obje~v~ nego~at~ ~A Supp~e~ % ~ % OR ~f~ shoe" obj~v~ ofF~er~ ~n~ far p~e ~n~ o~ ~b~n~ for ~pp~ ~o~ e~ipmen~ o~ ~ces =e made ~le to org~ons o~ so~y ~d ~no~c~y ~dv~ed ~d~s. women ~d ~od~y (2) ~or ~s~ a~e~s rel=~ed ~o ruse=ch ~der ~e CI~ ~ ~ ~n~S of 1~0; the r~p~t ~ees ~o e~e, ~o ~e ~'~ent poss~ble. ~ ~ 1~ ~e ~pHcabl~ ~r ~=e"ob~v~ of~eder~ ~n~ fo~ p~e ~n~a~ or ~bcon~a~s for ~ppHes. ~no~c~y d~dv~ta~ed ~di~d~s, wom~ ~sabled ~edc~, .~oHo~y Black CoHeres ~d~ =e ~sp~c, ~odW ~m~o~ ha~ a ~oHW ~dem body of S0~ p~te ~d volunt~ ore, om con. Heal by ~di~du~s who =e so~y ~d e~no~y requ~u ~I of~ p~= comr~ors ~o ~clude ~n :he~r b~d dominants for suboo,~ ~s negoeiat~ 'T~ shoe~ (~ ~e rec%p~en~ ~ees ~o follow ~e s~ ~ve ~eps or post,ye e~o~ ~ed ~ 40 C~ . {30.44~), 40 C~ ~31.36(e). or 40 C~ ~]~.65~0, ~ appropda~% ~d ret~ do~um~Sn~ ~mpH~. 1-22-2~01 2:,~SPM N,.~M FAST VALLEY 'WATER 909 BBB ~1 (e) ~e r~ipi~nt a~ to ~b~t ~ ~ fo~ 570~52A'~E ~, ~opera~v~ ~cnts ~d ~tca~ A~cnts,~ be~ ~ ~e F~e~ ~c~ y~ queer the r~plent r~v~ ~e a~d ~d con~ ~ re~ must M ~b~ to ~ Coord~tor, ~pe S~ U.S. ~n~o~ ~rote~ion A~en~, ~I ~ S~ SW, ~ Code 3~3~ ~m 2~60, 202-~353, ~ 30 d~ of~e eM of~e ~ 30, 3uly 30, ~d O~ob~ ~0]. For ~d~ ~w~ for ~n~E e~o~en~ pro~ ~d ' or~flo~, ~e r~pient ~s to ~b~t ~ ~A fo~ 570~5~ t6 ~E C~r~toL Lu~ S~by O~ober 30 of ~ck y~. (0 ~ ~d/or g~ndcr n~ ~o~ prove ~uatc to r~pient ~ to no~ ~k ~ ~v~ of ~y mae ~or ~ender ~o~ a~O~ k pl~s to ~e to mor~ clos~y aCUte ~C "~ ~Ue" obj~ve. l. ~ ~y ~e co~ve ~o~ ~d~ 40 ~ P~ 30, 3 r~pi~t f~s to ~mply ~ ~ t~ ~d 1-22-2~01 2:~.6PM F~,~,M EAST VALLEY WATER ~. ~O~A~. ~~0~ 7. NAbfE OF AL~tHOR~zFn F,~/2'R.ESENTATIVE 8. ~IGNATU~.E OF AL~C~O~t~ P.E~R~'~NTAT'/~E J DATE 1-22-2001 2:46P~ FN.,,,~ ~AST VALLEY WATER 9~9 888 I~.,~.1 ~.1~ 1--22--9001 2.: zl'7!='M F.~,,I F'AST VAI.-I-IEY wA'r--~_~ 9(~9 8~;8 ,,,,,,~1 ~. 11 iNSTRUCTIONS 1V~BE/WBE ~,~Z~TION UND~ FEDERAL GP, AN~, 'C~P~~ ~A ~ ~7~52A ~erica~, H~panic ~eri~, Na~e ~a~ve ~ ou~ h~ 1-22-2801 2:~7PM ~,,,,~OM ~$T VALLEY WATER 989 88~h,,W741 P.I~ OF SAN BERNAR NO MUNICIPAL WATER DEPARTMENT BOARD OF WATER COMIVI~S$IONERS BERNARD C. KERSEY B. WARREN COCKE STACEY P.. ALDSTADT President Deputy General Manager W. Wn~L~AM BRYDE~I, P.E. Commissioners Director, Watar Utility JUDITH W. BATTEY ;OHN A. PERRY, P.E. TONI CALLICOTT Director: Water Reclamation MARTI~ A. MATICH iOHN P. MURPHY NORINE L MILLER Director, Administration & F'mance iON K. TURNIPSEED Safety Program Manager M~rch 8, 2001 Mr. Robert Martin General Manager East Valley Water District 1155 Del Rosa Avenue P. O. Box 3427 San Bernardino, CA 92413 Reference: UTILITY REPLACEMENT AND EASEMENT EXCHANGE AGREEMENT Dear Bob: At the regular meeting of the Board of Water Commissioners held on Tuesday, March 6, 2001, the Board unanimously voted to: ~ approve the adoption of the Mitigated Negative Declaration prepared by East Valley Water District as CEQA Lead Agency for the Plant 37 Relocation Project; ~ approve the Utility Replacement and Easement Exchange Agreement; and ~ direct staff to file with the County Clerk of the Board of Supervisors for San Bernardino County, a Notice of Determination of its adoption of the Mitigated Negative Declaration prepared by East Valley Water District as CEQA Lead Agency for the Utility Replacement and Easement Exchange Agreement, in conjunction with the Plant 37 Relocation Project. The city's Real Property Division will be preparing the Grant of Easement for execution by the Mayor. 300 North "D" Street. San Bernardino. California 92418 P.O. Box 710. 924{Y2 Phone: (909'~ 384-5141 Mr. Robert Martin~-' ~--' March 8, 2001 Page Two Enclosed please find two copies of the Utility Replacement and Easement Exchange Agreement. Once approved and executed by the President of the Board of Directors, please return both copies to me. Once fully executed, I will forward one copy to you for your file, as well as a copy of the Grant of Easement. Sincerely, CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Deputy General Manager SRA:als Enclosures UTILITY REPLACEMENT AlqD EASEMENT EXC}L%NGEAGREEMENT THIS AGREEMENT is made this __ day of , 2001, by and between the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT, a municipal corporation, and EAST VALLEY WATER DISTRICT, a public agency (hereinafter "East Valley"). RECITALS A. The City of San Bernardino (hereinafter "the City") is a charter city organized and existing under the laws of the State of California and located within the County of San Bernardino. The City provides water and sewer service to residential, commercial, and industrial properties within its jurisdictional- boundaries through its Municipal Water Department which is governed by the City's Board of Water Con~nissioners. B. East Valley is a county water district organized and operating pursuant to California Water Code Section 30000 et seq., and provides water and sewer service to residential, commercial, and industrial properties within various incorporated and unincorporated areas of the County of San Bernardino. C. On or about August 5, 1955, East Valley obtained from the United States Forest Service (hereinafter "USFS") a Special Use Permit for reservoir purposes On approximately four (4) acres of real property located in the County of San Bernardino, State of California, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "Parcel A"). P~rsuant to the authority granted therein, in or about 1957 East Valley completed construction and began operation of a reservoir and pump station known as Plant 37 on Parcel A. D. The City subsequently obtained title to Parcel A as part of a property exchange agreement entered into with the USFS. Under the terms of said transaction, the City was required to record an easement deed for reservoir use on Parcel A which would allow East Valley to continue to operate Plant 37 thereon. Accordingly, on or about October 4, 1972, the City adopted Resolution No. 11182 approving a document entitled "Grant of Easement" wherein the City conveyed to East Valley an easement to construct, use, maintain, alter, add to, repair, replace, and/or remove pipeline or pipelines, add additional reservoirs, pumping stations, and access roads together with all necessary appurtenances over, under, through, and across Parcel A (hereinafter "the Easement"). A true and correct copy of the Easement is attached hereto as Exhibit "B" and is incorporated herein by this reference. E. Pursuant to the terms of the Easement, East Valley owns and operates Plant 37 on Parcel A. However, it has recently been determined that Plant 37 is located on an earthquake subfault of the southerly trace of the San Andreas Fault and should be relocated for safety reasons. F. East Valley desires to construct a four million gallon potable water reservoir to replace Plant 37 (hereinafter "the Project") on a site owned by the City that is located approximately 1,500 feet northerly of Parcel A (hereinafter "Parcel B"). The details of the Project were documented in the Initial Study prepared therefor which resulted in the adoption of a Mitigated Negative Declaration by East Valley in or about January of 2000. 2 G. A legal description and map depicting the proposed location of the permanent easement for the Project is attached hereto as Exhibit "C" and is incorporated herein by this reference (hereinafter "the Permanent Easement"). A legal description and map depicting the proposed location of the temporary easement for the Project is attached hereto as Exhibit "D" and is incorporated herein by this reference (hereinafter "the Temporary Easement"). H. The purpose of this Agreement is to set forth the terms and conditions under which the parties hereto will cooperate in the Project. COVENANTS NOW T~EREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: Section 1. RELOCATION. Section 1.1. Parcel B. Upon execution of this Agreement, the City shall execute (a) a Grant of Easement which conveys to East Valley an irrevocable easement over, under, through, and across a portion of Parcel B as described in the Permanent Easement for the same uses and purposes set forth in the Easement, and (b) a Grant of Easement which conveys to East Valley a temporary easement over, under, through, and across a portion of Parcel B as described in the Temporary Easement for construction of the Project as deemed necessary by East Valley. Such interests shall be conveyed free and clear of all liens for taxes and assessments not yet payable and of all easements and encumbrances 3 not previously approved by East Valley, and shall be evidenced by fully-executed deeds in recordable form acceptable to East Valley. Thereafter, East Valley shall proceed with the construction of the Project on Parcel B and the exercise of its easement rights thereon. Section 1.2. P_~. Upon East Valley's final acceptance of completion of the Project, East Valley shall proceed with the demolition of Plant 37, the restoration of Parcel A to its prior condition to the extent reasonably practicable, and the subsequent reconveyance of the Easement to the City. Section 1.3. Preparation of Documents. Ail deeds, legal descriptions, maps, and other documents necessary to effectuate the transfer of property interests in accordance with the terms of this Agreement shall be prepared by East Valley. Section 2. IN__~. Upon the City's conveyance of the property interests set forth in Section 1.1 of this Agreement, East Valley shall maintain insurance on Parcel B as described below: Section 2.1. Coverage. Comprehensive general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall name the City of San Bernardino Municipal Water Department and the City of San Bernardino as additional insureds. Section 2.2. if~. East Valley shall furnish the City with properly executed certificates of insurance which clearly evidence the coverage required by Section 2.1 of this Agreement and provide that such insurance will not be materially 4 changed, terminated, or allowed to expire except on thirty (30) days' prior written notice to the City. Section 3. INDEMNIFICATION. East Valley agrees and promises to inder~nify, defend, and hold harmless the City, its Municipal Water Department, and their officers, employees, and agents, from and against all actions, claims, demands, lawsuits, and liability for damages to persons or property that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organizations arising out of any negligent act, omission, or willful misconduct by East Valley in connection with East Valley's performance of this Agreement. Section 4. ~IQ_T~. Any notice, tender, or delivery to be given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated as of mailing or in the case of personal delivery, as of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section. If tO the City: City of San Bernardino Municipal Water Department 300 N. "D" Street San Bernardino, CA 92418 Attn: Stacey R. Aldstadt Deputy General Manager If to East Valley: East Valley Water District 1155 Del Rosa Avenue P.O. Box 3427 San Bernardino, CA 92413 Attn: Robert E. Martin General Manager 5 Section 5. TT F . If a dispute or controversy arises regarding the breach or enforcement of this Agreement which is not resolved informally by mutual agreement of the parties hereto, the prevailing party in any subsequent action, claim, or lawsuit that is filed shall be entitled to recover all attorneys fees or other costs actually incurred in connection therewith. In any action brought, the entitlement to recover attorneys fees and costs will be considered an element of costs and not of damages. Section 6. INUREMENT. This Agreement and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, the parties hereto and their respective heirs, successors, legal representatives, and assigns. Section 7. ASSIGNMENT. This Agreement may not be assigned to any individual or entity without the written consent of the parties hereto. Section 8. INTEGRATION AND AMENDMENT. This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior a~reements, whether oral or written, between the parties in connection therewith. This Agreement may not be amended unless in writing and signed by the parties hereto. Section 9. CAPTIONS. The captions of sections and subsections of this Agreement are for reference only and are not to be construed in any way as a part of this Agreement. Section 10. INTERPRETATION AND ENFORCEMENT. This Agreement shall not be construed against the party preparing it, but shall be 6 construed as if both parties jointly prepared this Agreement and any uncertainty or ambiguity contained herein shall not be interpreted against any one party. Failure by either party to enforce any provision of this Agreement, or any waiver thereof by such party, shall not constitute a waiver of said party's right to enforce subsequent violations of the same or any other terms or conditions herein. This Agreement shall be enforced and governed by and under the laws of the State of California, and provision of this Agreement shall be in a state or federal court located in the State of California wi~ in rem jurisdiction over Parcel A and Parcel B. ~0)~~'~ (~--- Section 11. COUNTERPARTS. This Agreement may be signed in counterparts, each of which shall constitute an original, but all of which together shall be one and the same document. Section 12. TIME OF THE ESSENCE. Time is of the essence in this Agreement and each and every provision thereof. Section 13. AUTHORITY. Each individual executing this Agreement on behalf of a party hereto represents and warrants that they are fully and duly authorized and empowered to so execute on behalf of such party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers as of the date first above written. CITY OF SAN BERNARDINO EAST VALLEY WATER DISTRICT BOARD OF WATER COMMISSIONERS By: By: B. Warren Cocke Glenn R. Lightfoot President President Board of Directors By: Stacey R. Aldstadt Secretary 7 ,:.. ~,....,..,'"':" ,' '" . : .... .':? ~ '~. ' 't .' ~ ~$ ' ~ ~ / .' .. '.,,'~..- ~ ':[ ..~;:.' "' '~ B~ ~ ~OL~ ~ ~ ~ ~ ~ZL ~ ~ C~ ~ "' ..... '~'.~-'. .:,~?,'::;::..: ~'.<' ~ ~0 ~ ~S~ . ' "' ' ' . ...... :...~ . . . . ~'.'~': .'i~:.;. ":, · ..,'. . ' '"' ' "' '. :.,:, .... ~...:., :'. , ,.: .,.:::.;.. --- . .~ ,' ; ... , ~: ..Y: ........ ~ozs~. ~ ~.,~~ ~ .;-...,- .~t..::'" ~..,. .. . .,..,- .:..,. ~,':":':...~.'-.: . . . ~, . ..:.~,' .,:..' . _.-:...::?.......' .... ~,,..~.~.....:..... ~:~.,.~ ~. ~,~,,~ ..:~ . ..~ ~..: "":'- .:'.'.-:. ...., ,. ~ ~.:,.~. '.....'".::.:.::' ' -""-'-'. · · ..... · ~ :~' ~-~, ~.,"v~".:,~.'-/~,~; ~ ~k4~ a~ke~ ~ STATE OF' CALIFORNIA · COUNTY OF SAN BE ~RRA~DINO )' Ss.. . CITY OF SAN BEE3~ARDINO ) ' I, Lucilla Gof0rth~'.CitY Clerk in an~ for the City of San Ber- 'nard{no, hereby certify'that' ~he fore~oin~ Resolution No., ~ is a full, true and correct ·copy of that now on..file, in ~his office. ~ IN ~TNESS ~0F i have hereunto·· set my hand7 and affixed . C~ ,:" . '~' ?1,'. '~.'.. City Clerk ' (S~L) '. i'.,". "' ~'. ,.:,""- ". ', ,'." ' "' ........... .' ............. ' . ~ .... -' x { ~ .' ~';~J x?-,"~ .... ' ~"} :-.;:n ;" - -:-...' . '.' ?,,.., . . .. .......... -" ...... "' ' ' ...... "~"'~' :'-i , ' - ' : .... ........ '" GRANT OF EASEMENT ,. ........ FOR VALUABLE CONSIDERATION, receipt of which is hereby ' -. , .......... acknowledged, and pursuant to resolution, regularly adopted by the -- · .'..'." ,':,'. City of Council of the City of San Bernardino, duly. authorizing the same, '~:,.. ........., ....,., .,.f,.?, . -. ~... ..... .. .' ':' the C~Q~..$._A._N~.BERNARDiNO, a Municipal Corporation, (GRANTOR) (-......, .. %', . . ':..... ': "': ~ does hereby, gte, ut, bargain, sell and convey to the ~.~.T.,S.A..N,.~B_~...~. _~.A~INO . · "i'"J"':~': ~-"".:'. ;i C.O__U.N. 3iY_~.~T~P~DISTR/.C~,.a C. ounty Wa~er District, its successors and "::': · "' :" ........ assigns, aa (GRANTEE), an easement, for ~he right to construct, use, .:'~.:i.:¢';: ..'.i (. .',. ''~ '~." ,m. aintain, alter, add to, repair, replace and/or remove pipeline or pipe- . :..~.. lines add additional reservoirs, pumping stations, and access roads --. -..:.......,.? ;.........~, together with all necessary appurtenances. . over, under, through and · .., ..., across the real property located in the County of San Bernardino,. State of ~" ' " C~lffornia, more particularly described as follows: .... ...':'~ ' - That portion of Government Lot 6, Northwest one-quarter,' · 'i.". . .L; Section 19, Township 1 North, Range. 3 West, San Beruardiuo : .:... ".-.~,' l]ase and Meridian, according to United States Government ..: 5. '~::~ Survey, more partict~larly described as follows: - · :. :,..-....: ;: ,. :..: Commencing at the Southwest corner'of said Northwest one- ,.,.-:.:_~-., -.. . · '.' .',.'~.;. ",; quarter of Section 19; thence, Easterly along the South line /,;- , of the said Northwest one-quarter of Section 19,'75.00 feet to ..:o'~ ~ 'fi-," ' } '"~ :'.. '":':'- · ":':.: "'}~ the True Point of Beginning; thence, continuing Easterly along [~, ,i ',.~;~.t-/a,' , '" '- ,- -- .,.. ' .' said South line of the Northwest one-quarter of Section 19, ~:~ · '-' - .: .': ?:.. 2' '"'~ 410.00 feet; thence, Northerly and parallel with the West line '..: .....· . - ,, of the said Northwest one-quarter of Section 19, 425.00 feet; '" ..... :.f. ' ., ' "....% 'i thence, Westerly and parallel with the said South line of the ' -:. ...:. '.':- --. 3.:( Northwest one-quarter of Section 19, 410.00 feet; thence, - - · "..... '"', .' , Southerly and parallel with the said West line o{ the Northwest .-. ,'".,;.. ""' '..'. "(% one-quarter of Section 19, 425.00 feet to the True Point of .- · .. '., Beginning. EXCEPT that portion within Foothill Drive. ; .:.:.. ..-... .~ . ~. i...., .~":" IN, WITNESS WHEREOF, the Grantor has executed this instrument .,.- ' " ..- this ay of , 19 . - . ,.' ' " }'~ ,'. ~ ~ "~ITY OF AN BERNA - ~' ¢' a'.Murd,.cipa[ Co~;¢Orati.~j/~ ' ").,:'; -' '" i/,- - " .... .f' Approved ss to form: · ~ ~/; ,Ci[y ~. %rk ..~. .,.:.:..:.,', . .,::.. RALPH H PRINCE, City Attorney ~'' r-q-- . STATE OF CALIFORNIA ) COUNT~' OF SAN BERNARDINO / SS a Notary Public in.and for the said County and State, personally appeared /,~//. ~/(~.,d/~ ~. , known to me to be the Mayor, and ~-~ ~'~ ~W~. , known to me to be ~~City Clerk of ~he city of San Be~ardino, a Municipal Co~ora~ion, the Municipal Co~or- ~tion ~at executed ~e wi~in Instrument, ~own ~o me to be the persons who executed the w~in Instrument, on behalf of ~he said Municipal Co~oration herein named, .and' acknowledged ro me ~at 'such ~icipal Co~orarion exec- uted the wi~in Insr~menr pfirsuan~ ro a res01u[~on of its ~verning ~ard duly au~or~ing ~e execution ~ereof. WIT~SS my hand and official seal. No~U ~ubli~ in and got said County and State ~ '~ MyOomm[ssion~pirasFeb. 18,1974[ 1~5 D Stm~t, F.O. Box 710, S~n Bemard~no, Ca. 92~ - . .-...~, : -Go~ Io/ .. "~' ;" "-? !" ' ' ".. C.-".. k ;':... '.. ' ' :'i', '.. '~ :'.': ':'!;L" '~i '"'"': ' ;,.,........ ..,. - l~ort/~* of Gov. Zol 6 .: : ~? i:.~.: "~ "" '" · ' '"" '.: ' i~(~; '" '" ""'" .. ....!~ :." :....- :-........ · ~..~ '"'"';' :'' 0. . -:..: :. ... ":".'~..i 'oo/Z/// zg~.. r#,:,,~J v/. ; .:' :'"": ..,., ...: 4/0" _..:'"'.-'.'".' .:;:-'.: ; ; \ ¢ ".....:.: '.'i i: ' ':' '.'~- ?';"?:~"' ': "- '.' ' ",, ':, ' ~ ..'~ "::' "... ~ ' .: .. j... ... .~ · . ...: ..... .~: . · ' :'":' · ':'~'~'m .... ':.....'~ · '.."~1~....:.. .ST SAN BERNARDINO COUNTY WATER DISTRICT 1155 DEL ROSA AVE.? S.B. CALl E '"" '"'""'{' ' ' ~':' '' ': ' ' "' '' '"'~ -'?~:~'¥'::7' ':~ -,..; : Exhibit "C" Sheet 1 of 3 Legal Description (Permanent Easement) In the County of San Bernardino, State of California, being a portien of Government Lot 6, Section 19, Township I North, Range 3 West, San Bernardino Meridian, as per plat on file in the Government Land Office and a portion of Lot 5, Map of West Highlands, on file in Book 5 of Maps, Page 77, records of said County, described as follows: · COMMENCING at the centerl[ne intersection of Sterling Avenue and Footh[l{ Drive westerly, as shown on Tract No. 11857, filed in Book 185 of Maps, Pages 42 through 49 inclusive, records of said County; thence North 00°32'35" West, a distance of 130.35 feet along the centerline of said Starting Avenue to the intersect[on of the north line of Foothill Drive easterly and said centerline of Sterling Avenue; thence South 45°27'05'' East, a distance of 74.07 feet along said northerly line of Foothill Drive East to the TRUE POINT OF BEGINNING; thence North 44°29'03' East, a distance of 35.50 feet; thence North 06°03'03' West, a distance of 331.81 feet; thence North 09°55'20'' West, a distance of 278.31 feet to a point on the west line of Government Lot 6, said point herein after referred to as Point "A"; thence North 00"31'23" West, a distance of 210.54 feet continuing along said west line; thence North 23"18'33" East, a distance of 147.14 feet; thence North 02025'57' West, a distance of 177.16 feet; thence North 17°53'23'' West, a distance of 19.25 feet; thence South 44006'08'' West, a distance of 42.64 feet; thence North 45°53'18'' West, a distance of 10.00 feet; thence North 44°06'08'' East, a distance of 47.96 feet; thence North 17053'23" West, a distance of 39.98 feet; thence North 72°06'37' East, a distance of 60.00 feet; thence South 17°53'23'' East, a distance of 18.00 feet; thence North 72006'37'' East, a distance of 70.44 feet to the beginning of a non-tangent curve, concave southwesterly, having a radius of 98.75 feet, a radial line through said point bears North 84054'09'' East; thence along said curve, an arc length of 494.00 feet, through a central angle of 286°37'20"; thence South 27059'47" West, a distance of 64.82 feet; thence South 24°17'15'' East, a distance of 157.30 feet; thence North 84005'57'' East, a distance of 87.67 feet to the beginning of a curve, concave westerly, having a radius of 113.00 feet; thence along said curve, an arc length of 329.54 feet, though a central angle of 167'05'20"; thence South 71"11'17" West, a distance of 187.61 feet; thence South 54°40'34'' West, a distance of 177.74 feet to the beginning of a curve, concave northeasterly, having a radius of 71.00 feet; thence along said curve, an arc length of 189.29 feet, through a central angle of 152°45'17"; thence South 00°00'00'' West, a distance of 446.44 feet; thence South 44°29'03'' West, a distance of 56.50 feet; thence North 45027'05'' West, a distance of 50.00 feet to the TRUE POINT OF 19EGINNING. Excepting therefrom that portion of the said Government Lot 6, described as foliows: COMMENCING at said Point "A"; thence North 89°28'37'' East, a distance of 56.00 feet to the TRUE POINT OF BEGINNING; thence North 00°31'23" West, a distance of 198,71 feet; thence North 23°18'33" East, a distance of 148.13 feet; thence North 02°25'57'' West, a distance of 205.68 feet; thence North 72006'37" East, a distance of 74.64 feet to the beginning of a non-tangent curve, concave northwesterly, having a radius of 98.75 feet, a radial line through said point bears North 54°08'17" East; thence along said curve, an arc length of 16.67 feet, through a central angle of 09°40'11"; thence South 27°59'47'' West, a distance of 92.30 feet; thence South 24°17'15" East, a distance of 225.19 feet; thence North 84°05'57' East, a distance of 128.07 feet to the beginning of a curve, concave westerly, having a radius of 57,00 feet; thence along said curve, an arc length of 166.23 feet, through a central angle of .... :~: Exhibit "C" ~ Sheet 2 of 3 167°05'20"; thence South 71°11'17" West, a distance of 195.74 feet; thence South 54°40'34" West, a distance of 178,45 feet to the TRUE POINT OF BEGINNING. See sheet 3 of 3 for a plat depicting the above described property. The land herein described contains 3.94 acres. This real property has been described by me, or under my direction, in conformance with the Professional Land Su~s Act. %' ~ (,,,_ ~ames~-. Elliott. L.S. 6334~/. v License expires 12-31-02 ~t; ,- Sheet 1 of 2 Legal Description (Temporary Easement) In the County of San Bernardino, State of California, being portions of Government Lots 5 and 6, Section 19, Township 1 North, Range 3 West, San Bernardino Meridian, as per plat on file in the Government Land Office and a portion of Lot 5, Map of West Highlands, .on file in Book 5 of Maps, Page 77, records of said County, described as follows: COMMENCING at the centerline intersection of Sterling Avenue and Foothill Drive westerly, as shown on Tract No. 11857, filed in Book 185 of Maps, Pages 42 through 49 inclusive, records of said County; thence North 00°32'35" West, a distance of 130.35 feet along the centedine of said Sterling Avenue to the intersection of the north line of Foothill Drive easterly and said centerline of Sterling Avenue, said intersection being the TRUE POINT OF BEGINNING; thence North 00031'23'' West, a distance of 1461.10 feet along the west line of said Government Lots 5 and 6; thence South 87°47'57'' East, a distance of 497.83 feet; thence South 00°00'00" West, a distance of 731.29 feet; thence South 65057'05'' West, a distance of 284.93 feet; thence South 00°31'23" East, a distance of 311.93 feet; thence South 90°00'00'' East, a distance of 270.67 feet; thence South 00°00'00" West, a distance of 337.00 feet; thence North 90°00'00" West, a distance of 245.37 feet; thence South 59003'24'' West, a distance of 142.61 feet to said north line of East Foothill Drive; thence North 45°27'05'' West, a distance of 182.07 feet along said north line to the TRUE POINT OF BEGINNING. See sheet 2 of 2 for a plat depicting the above described property. The land herein described contains 14.99 acres, This real property has been described by me, or under my direction, in conformance with the Professional Land Surveyor's Act. ·. Signature~ RESOLUTION N0.2001.03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT SUPERSEDING RESOLUTION NO. 1997.14 AS TO THE SETTING OF WATER RATES WHEREAS, the Board of Directors of the East Valley Water District ("ElrWD'') finds as follows: A. EVWDis formed and organized pursuant to the County Water District Law, Water Code Section 30000 et seq. B. Under the County Water District Law, EVWD is statutorily empowered pursuant to Water Code Sections 31007 and 31025 to fix the rates for the water service furnished to EVWD's customers. C. The revenues raised by the levying of EVWD's water rates are used for the all purposes authorized by the County Water District Law, including but not limited to (1) funding the operating costs of EVWD, including employee wages and benefits; (2) purchasing or leasing supplies, equipment, and materials; (3) meeting financial reserve needs and requirements; (4) obtaining funds for capital projects necessary to maintain service within existing services areas; (5) providing for repairs, maintenance, and depreciation of works owned and operated by EVWD; and (6) paying the principal and interest on any bonded indebtedness. D. The establishment, modification, structuring, restructuring, and approval of rates is exempt from the requirements of the California Environmental Quality Act [Public Resources Code Section 21080(b) (8)] and the additional notice and public meeting conditions of the Ralph M. Brown Act [Government Code Section 54954.6(a) (1) (A) and (B)]. E. The amount of the water rates hereby adopted do not exceed the reasonable anticipated costs for the services provided by EVWD and are not levied upon any person as an incident of property ownership, and thus are not subject to the substantive and procedural prerequisites of Article XIIID of the California Constitution. NOW, TIIEREFORE, BE IT RESOLVED, that the Board of Directors of EV~D does hereby resolve, deter~9~ine, and adopt the following: Section 1. Consumption Charge. The consumption charge esta~!ished pursuant to Section 14.02 of EVWD's Ordinance No. 355 is hereby fixed at the uniform rate of $0.88 per hundred cubic feet. Section 2. f 'v D . This Resolution shall take effect on March 13, 2001. ADOPTED this 12th day o~ March, 2001. AYES: NOES: ABSTAIN: ABSENT: Glenn R. Lightfoot, President ATTEST: ~;' Robert E. Martin, Secretary ~ w o ~ °°i~ ~ ~ ~ ~ ~~ooo ZZZ~ ZZZ~ oo o ~ ~ 0 o~o~oo ~ z ~ ~o000~0~~~ Z O0 OO ~ <o~00 w ~ ---mO-- <~---~ , ~wz w .... z~<=~z~ ~ ~ EAST VALLEY WATER DISTRICT 12 ECTOR'S FEES AND EXPENSE RE' RT / DIRECTOR: ~,~:-~,~ Lt¢/'tT'/z~n~T MONTHOF: ~'/~,~1t4~4/ ,200,0' ,~deetings Claimed ~/'23 (g~'fe,t~c BoardMeeting (Dates) Z/ I ~ ~ . Conferences ~d Other Meetings Date: 2/% Organization ~go~ ~/ fr~ t~ (;~. Location Date: ~ Organization &4Fee ~fg~6 Location Date: ~ Org~ization ~E~ ~v/ ~ · ~ ~. Location Date: '~/z~' Org~ization ~n~ ~/ 3~, ~o~ Location Date: ~,~ Organization ~ctdt ~$T. ~gf~ Location Date: Org~ization Location TOTAL MEET~GS ~ ~ $125.00 each Personal Auto Date: Function Attended Date: Function A2ended Total Lodgings: (Receipts a~ached) Date: Function Attended Date: Function Attended Total Meals: (Receipts attached) Date: ~t~ FunctionAttended ~e~8t ~ St.r ~ Date: Function Attended Total Other: Date: Function Attended Date: Function Attended Date: Function Attended Total Total Director's Expenses Total Director's Fees (Meet~gs) ~y Advice Pa~ents Less Approved Date ofBo~d Meet~g EAST VALLEY WATER DISTRICT DIRECTOR'S FEE AND EXPENSES REPORT DIRECTOR: DON GOODIN MONTH Februar,,/, 2001 Meetin.qs Claimed: Board Meetinqs (Dates) 12 Conferences and Other Meetings Date: 19 Organization: .~pecial Districts Location: Colton Date: 24to28 Organization: ACWA Location: Washingtin, DC Date: Organization: Location: Date: Organization: Location: Date: Organization: Location: Date: Organization: Location: Date: Organization: Location: Date: Organization: Location: TOTAL MEETINGS 7 X$125.00= $ 875.00 Personal Auto Date: 28 Function: Parking, ONT $ 30.00 Date: Function: Total $ 30.00 Lod.qin.q Date: Function: Date: Function: Total $ Meals (Receipts) Date: 15 Function: Special Districts $ 19,00 Date: 25 Function: ACWA $ 45.00 Total $ 64.00 Other Date: Function: Date: Function: Total $ Total Directors Expenses $ 94.00 Total Directors Fees (Meetings) $ 875.00 Less Advance Payments Signed ,/~.,,,~.~(?~,' -'~ -, ./TOTAL DUE DIRECTOR $ 969.00 Approved Date of Board Meeting March 12, 2001 D' CTO' : ,{J MO '" ~.~'Meetings Claimed Board Meeting (D.tes) / ~ ~onferenoes ~d Othe~ ~eefings Date: ~ Ott~ization ~ Location Date:lO Or, anlzation ~ ~~ ~ocation Datc:~ ~ Orianization ~ ~/~ Location Date: Organization ~ocation TOTALM~[TINGS ~ ~ ~125.00 Personal Autq Date: Function Attended Date: Function Attended Total Lodgings: (Receipts a~tachcd) Dal~: Function Attended Date: Function Attended Total Meals: (Receipts attached) Date: ~ Function Attended ~/~e~ Other: Date: Function Attended Date: Function Attended Date: Function Atlended Total Total Dir~tor's Exp~nses Total Director's Fees (Meetings) Less ~y Advance Payments Signed Approved Date o~Board Meeting EAST VALLEY WATER DISTRICT DF -CTOR'S FEES AND EXPENSE REPr'"T DIRECTOR: Sturgeon MONTH OF: 02/2001X~l~g0( _~,~,eetings Claimed Board Meeting (Dates). 2/12 2-23 Conferences and Other Meetings Date: 7 Organization Exchange Plan Location Cons. District Date: 21 Orgarfization Mtg. w/ Bob Location EVIqD Date: Organization Location Date: Organization Location Date: Organization Location Date: Organization Location TOTAL MEETINGS 4 ~ $125.00 each $ 500.00 Personal Auto Date: Function Attended Date: Function Attended $ Total $ Lodgings (Receipts attached) Date: Function Attended $ Date: Function Attended $ Total $ Meals: (Receipts attached) Date: Function Attended Reimbur s e $ 36.0 Date: Function Attended Total $ 36.00 Other: Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Total $ Total Director's Expenses $ 36.0 Total Director's Fees (Meetings) $ 500.0  Less any Advance Payments $ ~gned TOTAL DUE DIRECTOR $ 464.00 Approved Date of Board Meeting EAST VALLEY WATER DISTRICT D~,,dCTOR'S FEES AND EXPENSE REi~.t, tT DIRECTOR: /,.2/l ~o,,o MONTH OF: Feb ,200~} ~.~leetings Claimed Board Meeting (Dates) ~Vt~,O ~,/t~: .~/2~ ,' ILo~ol ~tho; ~]~ Conferences ~d Other Meetings Date:~/~ la~ Org~zation~v/~o~v ~,~o.~ Location ~t~ ~o~ Date: ~[g[~ t Org~ization v~ ~. ~ ~ Location ~a,c~ Date: g[2~]~t Orgmization~c~. [~$~ &/~Location B~io,~ Date:~ Org~ization~,tO ~ ~ ~u~ Location ~a 5~. Date: Organization Location Date: Org~ization Location TOT~MEET~GS ]~ to ~$125.00 each Personal Auto Date: Function Attended Date: Function A~ended Total Lodgings: (Receipts aaached) Date: ~. ~ ~ Function Attended ~ ~,e~e.~ Date: F~ction Attended Total Meals: (Receipts attached) Date: F~ction Attended Date: Function Attended Total Other: Date: Function A~ended Date: Function A~ended Date: Function Attended Total Total Director's Expenses Total Director's Fees (Meetings) Less ~y Advance Pa~ents Approved Date of Board Meeting _ ~[~fOd 1155 DEL ROSA AVENUE SAN BERNARDINO, CA 92410 ~'~ (909)889-9501 FAX:(909)889-5732 TO PERSON OR PROPERTY INSTRUCTIONS: 1. Subject to cartain statutory exceptions, an action for money or damages may not be maintained against the District unless written claim has been timely presented to the District and rejected in whole or in part. 2.A claim shall be presented by the claimant or by a person acting on the claimant's behalf. 3.Answer all questions. Omitting information could make your claim legally insufficient. 4.Name and address of the person to whom you desire notices or communications to be sent regarding this claim. 5.This claim form must be signed on page 2 at bottom. 6. attach separate sheets, if necessary, to give full details. SIGN EACH SHEET 7 Claim must be filed with Board Secretary. TO:EAST ,V~ALLEY WATER DISTinCT ..~ Name of'Claimant ~- ' / ~ {~.~'~ ~"~,'~ Home Address of Claimant ,{".,,/ · City and State Home Telephone ~lumber Business Address of Claimant City and State Business Telephone Number Give a~i~iress to which you d~sire notices or communications to be sent rea~rdir~m fhi~ ~-~:;~.' i ~r - sheet, where : employees causing the ~ this claim, giving basis September 200 gate Initial Cag 9/44/00 lima Initial Call ~ 1:36 AM Answering Servine CarlNO ........ Person Calling Account # o61-oo54-o Account Name Franl~ J Spriet Service Address Other LenaUen Natore of Call Sewer stoppage Employee Taking Call Henry Callimperted To Dave Hemandez Time Call Reported 11:40 AM gate Anflofl Taken 9/44/00 Aeti0flTaken Problem in lateral Jetted main-line cJear. Notified customer. Person RegerUno Results ga~;~ ~erna~de~ Fallowup AcUen Needed Fogowul] AeUen Taken Date Fogowup AcUen Taken Person Reporting Followup Thursday, February 22, 2001 Page 75 of 123 October 2000 -'lla%'i,~i~'C,,i~,/oo "' Tile Initial Call -5~.38 PU Person Calling Frank Sprier Aar. illlt .1~ 061-0054-0 Account Nam6 Frank J Sprier S6['V[C8 AGdI'gSS Other Location Nature of Call The S~Wer out on the street is backing up and plugge-d. Employee Takinll Call Call llgpoi'tod To Michael_ Boil T,., ca,,.ora, ?40 9atu Ar, tiil Takan i~/~/oo ActiOllTakal1 ~'~tted main-line ~rear. Pro~r~r~ in customer lateral p~,il,,o,oru,, R,il~ M~e, ~o, ...... Fellow,,q] AcUon Needed ~o. _ _ Fegewup A~on Taken flare Followup Action Taken Persol1 ReporUng Followup .. Thursday, February 22, 2001 Page 85 of 123 NB210 / CUSTOMER MAINTENANCE 02/22/01 12:50 PM HESS INQUIRE Customer Key 06100540 1) Name 1 FRANK J*SPR[ET User of Record KATHY 2) Name 2 3) Addr 4) # of Bills 1 Bill C/S/Z 5) Rate 37- I Treat Cd 1 Systm Cd 11 6) Open Cd 0 Maint Cd 3 NC Cd 0 7) Date Opened/Closed 04/10/69 Balance Forward .00 Current/Avg Usage Last Bill 02/09/01 27.50 3 / 13 Payments Rcvd 02/21/01 -27.50 Adjustments/Other .00 8) Dep Amt .00 Current Balance .00 Dep Date 04/11/90 Due Date 03/05/01 Recpt No 0 Status - H~story 1-111111111111111 ................... Inqu£ry Option: E (C,E,H,HI,I,~,R,?) ....................... REF DATE NOTE DESCRIPTION ADDITIONAL DESCRIPTION 09/16/94 50 OLD ACCT NUMBE 0330054000 = OLD ACCOUNT NUMBER 01/06/98 76 STATUS CHANGE CHANGE STATUS FRO~ 1111411111111 TO 1111111111111 05/12/99 01 MISCELLANEOUS EST/CHANGE GLASS 051199 KB 09/14/00 01 MISCELLANEOUS SEHER STOPPAGE GAVE TO DAVE H HR 091400 09/14/00 01 MISCELLANEOUS PER DAVE H-PROBLEM IN LATERAL, JETTED HAIN LINE 09/14/00 01 MISCELLANEOUS & MADE CUST CONTACT HR 091400 10/04/00 01 ~ISCELLANEOUS SENER STOPPAGE ANSNER SVC 100100 KB 12/11/00 01 MISCELLANEOUS EST/CHANGE GLASS 120800 KB Va"l ey East Wa District -. · : Donald D. Goodin Vice President 1155 Del Rosa Avenue., RO. Box 3427 Kip E. Sturgeon Director San Bernardino, California 92413 George E. "Sklp" Wilson (909) 889-9501 Director Edward S. Negrete Director Robert E. Martin Genera~ MEager Alberts M. Hess Chief RnanclaJ Officer January 19, 2001 Mr. Frank Spriet Re: Dear Mr. Spriet: In response to your note of January 11 regarding above referenced account, our records were ?esearched and no documentation was found regarding calls about a sewer stoppage at your property last month. Our records do show, however, that you called the District regarding a sewer stoppage on September 14, 2000 and again on October 1, 2000. The District's service person responding to those calls annotated a clear main on the respective reports and, in addition, made mention of the fact that the owner of the property was notified that there was an apparent problem in the lateral to the property. Any claim for damage(s) to person, or property, is placed on the agenda of a subsequent Board Meeting for action from the Board of Directors. ur use. Upo se return same to Mary Wallace, Administrative Assistant at the Distdct offices. If I can answer any further questions, please do not hesitate to call me. Chief Financial Officer Enclosed as noted AMH:mew Administration (909) 885-4900, Fax (909) 889-5732 · Engineering (909) 888-8986, Fax (909) 383-1481 Customer Service & Finance (909) 889-9501, Fax (909) 888-6741 · · , ;. BLb~_~REROD~:~:~-~ ~?~.:~.~. ':'DATEDUE ~CCOUNTNUMBER ~ ~ ~:~,~.,'~OTALO~..--~ '} 061005400000~5107 ~ PAYMENTS RECEIVED A~ER THE DUE DATE ARE SUBJECT TO A LATE SERVICE ADDRESS FEE OF 1.5% ON THE UNPAID BALANCE. See reverse side for impo~ant information. Please make checks payable to: East Valley Water District ' P O Box 3427 F~K J SPRIET Ma~ this box wlth an "X" address only. Indicate new mailing address on reverse side. FRANK SPRIET 9o-ss78/3=2 5 8 3 SADIE M. SPRIET 0H540312109 ~ DOLLARS ~,~AST VALLEY WATER DISTRICT 09/14x00 11:~6:1~ HENRY' CUSTOMER INFORMATION ACCOUNT: 061-00~4-0 BILLING NAME: FRANK J SPRIET BILLING NAME 2: METER ID: 00~6B~6~ BILLING HISTORY: 8ILLING ADDRESS: SERVICE ADDRESS: RATE TYPE: 5~ MTR SIZE: 1 RES PHONE: WATER CODE: 1 PR ZONE: 04 8US PHONE: Treat CODE: 1 ON DATE: 04/10x89 DEP AMT: 0.00 Sy~tm CODE: ii OFF DATE: DEP DATE: Maint CODE: 5 MTR TYPE: 1 DEP RECPT ~: 0 Enrgy CODE: 1 DIAL POS: 50 ~ OF UNITS: PREU RD DATE: 0~/15/00 BAL FWD: 0.00 WATER CHG: 0.00 CURR RD DATE: OB/O~/O0 LAST SILL: ~.~0 Tr~a~ CHG: 0.00 PREU S-READ: 2~ PAY REC~D: ~7.~0 S~tm CHG: 0.00 CURR S-READ: Q611 ADJUSTM: 0.00 Mmint CHG: 0.00 PREV L-READ: 0 CURR 8AL: 0.00 Enrg~ CHG: 0.00 CURR L-READ: 0 DUE DATE: 09/06/00 OTHER CHG: AG-ING: CONSUMPTIO 0.00 ~ 1) 16 ~) 12 9) ~0 DAYS .0.00 2) l? 6) ? lO) 60 DAYS 0.00 3) 21 7) 8 ll) 18 90 DAYS 0.00 4) 14 0) ll i23 24 · To; · ~ROUTETO ...... ====================================== Sun. Bl-Oc%-B8 Sun ~l-Oct-BO 85:38p VB T~KEN FORIMICH~EL FROMIFR~NK SPRITE A/C FON~ ~ODR~ 45 TH ST MESSAGE~THE SEWER OUT ON THE STREET IS 8~CKING UP ~ND PLUGGEO MICHAEL RES RELYO 18/0i/2000 ~5:40p VB Oialout Sun 01-0ct-88 05:39p g8 Dialout GR86¢~584 Sun 81-0ct-80 85:40p V8 Message Glven ..... = ..... BOBOB00451 ............... == RELEASE OF LIENS FEBRUARY 9, 2001 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 036-1009-5+ 3508 21ST ST 130.14 2. 043-0051-5 25810 26TH ST 66.18 3. 082-0019-3 7482 ELM ST 61.85 4. 091-0752-4 6777 LOS FELIZ DR 202.93 5. 101-0152-2 7527 LYNWOOD WAY 57.62 6. 101-0223-1+ 7499 VALARIA DR 158.67 7. 1t2-0122-5 24589 COURT ST 69.25 8. 113-0181-4 24765 COURT ST 102.98 9. 113-0201-1 24790 COURT ST 151.46 IOTAL $1,001.06 +~ID THROUGH T.~X ROLIS Page 1 of 1 IL, RELEASE OF LIENS FEBRUARY 22, 2001 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 062-0120-4 2095 19TH ST 21,44 2, 073-0141-5 6955 GLASGOW AVE #A 13.04 3. 094-0217-7 7725 MERITO AVE 129.67 4. 103-0170-3 7752 STERLING AVE 53.30 5. 133-0081-4 2904 SEINE AVE 17.89 TOTAL $235.34~.. .~ +PAID THROUGH TAX ROLLS Page 1 of 1 RELEASE OF LIENS MARCH 1, 2001 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 017-0110-1 5934 NEWCOME~ ST 23.21 2. 022-0094-0 3805 CONE JO DR 63.34 3. 042-0026-2 5777 IRONWOOD ST 90.63 4. 072-0013-3 7026 ELMWOOD RD 64.40 5. 101-0118-3 7379 LOS FELIZ DR 385.06 6. 126-0248-4 7838 FOX TAIL PL 100.00 7. 127-0468-1 7146 BROWNING RD 76.70 8. 155-0020-1 26641 HIBISCUS ST 110.88 TOTAL $914.22 V +PAID THROUGH TAX ROLLS Page 1 of 1 East y Water District . ,.ident Donald D. Goodin Vice President 1155 Del Rosa Avenue., Re. Box 3427 March 9, 2001 Kip E.DirectorSturgeon ~ San Bernardino, California 92413 George E. "Skip" Wilson (909) 889-9501 Director Edward S. Negrete Director Congressmat~. Jerry Lewis Robert E. Martin House of Representatives General Manager 2112 l~ybnm Building Alberta M. Hess Chief Financial Officer Washington, DC 20515 Atto: Dave LesStrang Dear Congressman Lewis: [t is out' understanding that Congressman Calvert will soon be introducing new legislation that will antborize a number of water supply and conservation projects, includiDg the Cai Fed Program. We also understand that there may be an opportunity to include local projects in this bill that would help iix the development of new supplies of water. Thc East Valley Water District would like to propose to you a project for inclusion in this bill. This prqject would not only benefit our costomers in the District, but would also decrease our long-term need for imported water from tl~e State Water Project. We trt, ly appreciate tile leadership you have shown in dealing with Dational drinking water issues and we want to flmnk you for the help you have provided to our District and its' customers. We respectfully ask yottr consideration of this project for possible inclusion in the legislation to be auflmred by Congressman Calvert. The East Valley Water District uses both groundwater and surface water supplies to meet its daily demands. Our existing treatmeat plm~t prodaces approximately 4 million gallons of water per day (MGD) which is obtained from the Santa Aha River. We typically, however, have additional surface water supplies available during the winter m~d spring seasons. We wm~t to maximize this local supply by recharging the water into tbe upper portions of the Bunker Hill Groundwater Basin. We would then recaptare this high quality water by drilling and eqnipping additional wells in the eastern portion of tbe Valley. This water sapply and distribution project would include the following: 1) New Water Supply Well (2 - 3 MGD) 2) 5 Million Gallon Steel Reservoir 3) Pump Station 4) Transmission pipelines (approximately 12,000 lineal feet) At this stage of planning, we estimate the project cost at approximately $5 million dollars. We greatly appreciate your consideration of this project. We strongly believe that this will provide our District with m~ importm~t new supply of water at a very high ground surface elevation. This will not only bclp to decrease our reliance upon imported water from the Bay Delta region, but will also save energy. This facility woold become one of the primary storage add distributioD sites within the East Valley Water District's system. if we can provide any additional information or answer any qtmstions, please do not hesitate to call. Sincerely, Glenn R. Lightfoot President of the Board Administration (909) 885-4900, Fax (909} 889-5732 · Engineering (909) 888-8986, Fax (909) 383-1481 Customer Service & Finance (909) 889-9501, Fax (909) 888-6741 EVWD proje~t authorization r©qucst 1 ~ Subject: EVWD project authorization request Date: Thu, 8 Mar 2001 1 S:06:20 -0500 From: " Here's the final copy: March 8, 2001 The Honorable Ken Calvert Chairman, Subco~m~ttee on Water and Power 1522 Longworth HOB Washington, DC 20515 Dear Mr. Chairman: I am writing to request your consideration of a critical water and distribution project in my congressional district for inclusion in the Cal Fed authorization bill you plan to introduce in May. AS you know, the East Valley Water District (EVWD) uses both groundwater and surface water supplies to meet its daily demands. The existing EVWD treatment plant produces approximately four million gallons of water per day (MGD) which is obtained from the Santa Aha River. The District, however, typically has additional surface water supplies available during the winter and spring seasons. E~FWD would like to maximize this local supply by recharging the water into the upper portions of the Bunker Hill Groundwater Basin. The District would then recapture this high quality water by drilling and equipping additional wells in the eastern portion of the Valley. The water supply and distribution project would include a new water supply well (2-3 million gallons per day); a five-million gallon steel reservoir; a pump station; and approximately 12,000 lineal feet of transmission pipelines. The estimated cost of this project is $5 million. I am grateful for your consideration of my request that I believe will provide my district with an important new supply of water at a very high ground surface elevation. This will not only decrease our reliance upon imported water from the Bay Delta region but will also save energy. Should you have any additional questions or concerns, please don't hesitate to call me or Dave LesStrang of my staff. Sincerely, Jerry Lewis Member of Congress JL:dls 1 of 1 3/8/01 2:03 PM THE WATER RESOURCES INSTITUTE PRESENTS DR. DAVID PALAIS NATUR~AL R~ESOURCES MANAGER_ THE PER~KIER. GR_OUP "BOTTLED WATER INDUSTRY OVERVIEW" Conxumption patterns and trends...distribution, bottling and replacement ...a comparison/contrast of spring water vs. drinking water...how spring water is collected.., the role of Pepsi and Coca-Cola in bottled water... projections of future outlook of the industry... Thursday, March 8, 2001 6 p.m. Upper Commons Reception to follow Free Admission For further information contact: Charla Cornelius (909) 880-7681 I~S.V.P. by February 28, 2001 CALIFORNIA STATE UNIVERSITY SAN BERNARDINO ,,~~o~~ Water Reso u rces I n s t itute Californ ia ,State University o~o~ San Bernardino SBV WATER CONSERVATION DISTRICT And THE WATER RESOURCES INSTITUTE Are Co-Hosting The First Quarterly Breakfast Monday, March 19, 2001, 7:30am to 9:00am At the Hilton Itotel 285 E. Hospitality Lane San Bernardino, CA 92408 Guest Speaker: Colonel John P. Carroll Commander, Los Angeles District U.S. Army Corp of Engineers "Water Resources Impacts Associated With Seven Oaks Dam" If you would like to attend, please complete the registration information below. The cost per person is $12.00. Please make all checks payable to: Water Resources Institute, 5500 University Parkway, PL-401, San Bemardino, CA 92407 R.S.V.P. by Monday, March 8, 2001. For more information, Please call Charla Cornelius at (909) 880-7681. Name Address City. State Zip. Phone Email Fax Number of Attendees Amount Enclosed (3 Check Enclosed [] Credit Card Payment [] Visa [] Mastercard Expiration date Card Number Inlan~ Empire Otilities Agency ~s ~osfing the Mare~ members~ meeting and Annual Venflor Fair at the ~~ ~ ~n Ontario. T~e social ~our anti venflor boot~ browsing ~11 beg~n at 6 p.m. wRh a call to orfler at 6:4~ p.m. A s~t-flown fam~ly-s~le C~nese d~nner w~ll be served. ~en~: boup: ~Von Ton boup ~ain Course: Pork ~ ~ein, ~range ~Vored Chic~n, ~oney ~VaLnu~ ~hrimp, ~n Pao ~an Yan. ~ongoUan Deer. Crispy ~arLic Chic~n. ~au~ded ~i~ Veg~ab~5, ~amed or ~ried ~ice, ~erage: Co~ee; Tea; ~oda Price: 525 Pra~ram: ~ch paAicipa~ing ~acia~e Member wiLL ~ive a brief pre~en~a~ian. RSVP to Patti Bonawitz by March 9, 2001 Telephone: 909-35%0241 Fax: 909-428-6164 P O Box 697 Rancho Cueamonga, CA 91729 Distrlet/Assoeiate Attendees 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 the deadline date. ~-- 3223 Centerlake Drive Ontario, CA ~ 10 Freeway to the Haven Avenue exit ~ Turn south on Haven to Centerlake Drive T~ west onto Centerlake Drive ~ Follow Centerlake to P~da Im ~ ~' --': ~"'"'. .'.'. - Conjunctive Use: ;~ Successful Experiences and New Frontiers .4 an educational conference ~ [~ llssodotiofl of [round ~r ~gcndm A~zc~ GROUND WA~R TRUST fit cooperation wffh XXTATER EDUCATION FOUNDATION 'April 11-12, 2001 ONTARIO CONVENTION CENTER 2000 Convention Center Way, Ontario, California Just minutes from Ontario airport! /Please mail or fax this form or a photocopy - use a separate form for each registration} Con jun clive Use: Successful Experiences and New Frontiers Ontario Convention Center, April'll-12, 2001 REGISTRATION INCLUDES: "Groundwater and Surface Water in Southern California. a Guide to Conjunctive Use", Conference Manual, Coffee Breaks. Lunches and Regeption (Attendaace Certificates will be available to a# participants) On-Site Registration $240 Pre-Registration General Registration $225 AGWA Affiliate Members $190 AGWA Members $170 Trust Members and their Employees $170 Full-time Students ~college/university ID required at registration check-in) $125 Exhibit Table Iwith electricity) $283 Exhibit Table (without electricity) $225 Optional Field Trip $20 TOTAL PAYMENT EJ CHECK [payable to: AGWT Conjunctive Use Conference] ~ AMEX C} VISA/MC ~ PO # Cai'd # .Expiration Date Cardholder Name Name for Registration Title Company Address City State Zip Phone Fax E-mail Register on line: www.agwt.org Return by mail: CONJUNCTIVE USE CONFERENCE American Ground Water Trust 16 Centre Street, Concord, NH 03301 Tel (603) 228-5444 Return by fax: (603) 228-6557 Questions? Call: ~603) 228-5444 CANCELLATION POLICY · : The Trast will not cancel a conference program due to weather · Cancellations received in the Trust office by 5pm EST 14 days prior to event will receive a fall refund less a 5;25 processing fee. · Cancellation 14 days or less prior to the e~/ent will receive a 50% refund · Refunds will not be granted lot"no shows" tsubstitutions gladly accepted). · Cancellations on the day &the event are considered ~s "no shows."