HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 01/08/2002•
East Valley Water District
1155 DEL ROSA AVENUE, SAN BERNARDINO, CA
REGULAR BOARD MEETING January 8, 2002 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 December 11, 2001.
4. Resolution 2002.01 — Dedication of Water Distribution System within Tract 14326 -1 in the City of
Highland.
5. Resolution 2002.02 — Dedication of Sewers within Tract 14326 -1 in the City of Highland.
6. Resolution 2002.03 — Conveyance of Non- Exclusive Easement from S -P East Highland LLC,
7. Approval of Liens for Delinquent Water and Sewer Accounts.
8. Review and accept Financial Statements for the period ended November 30, 2001.
9. Accounts Payable Disbursements: Accounts Payable Checks 4187313 through 4187626 were
distributed December 5, 2001 through December 26, 2001 in the amount of $885,023.46. Payroll
Checks were distributed December 7, 2001 in the amount of $82,549.85 and December 21, 2001 in
the amount of $81,509.07 Total Disbursements and Payroll for the period were $1,049,082.38.
OLD BUSINESS
10. Radon Rule Update. (General Manager)
1 ] . Discussion and possible action regarding "Notice of Application Acceptance" for the Arroyo Verde
MWC Project.
12. Discussion and possible action regarding "Notice of Exemption" for Plant 39 Fluoride Blending
Facilities.
r
NEW BUSINESS
13. Public Hearing to consider adoption of a Negative Declaration, Mitigation Monitoring and
Reporting Program, and file the Notice of Determination for the City Creek Crossing Sewer Line
Protection Project.
14. Discussion and possible action regarding Adoption of Negative Declaration, Mitigation Monitoring
and Reporting Program, and file the Notice of Determination for the protection of an existing
underground sewer line which crosses City Creek.
15. Directors fees and expenses for December 2001.
16. Discussion and possible action regarding EVWD's participation in the City of Highland's 6 ° i
Annual Citrus Harvest Festival on March 30, 2002.
REPORTS
17. December 1 — 14, 2001 - Releases of Lien for Delinquent Water and Sewer Accounts.
18. General Manager's Report
19. Oral Comments from Board of Directors
MEETINGS
20. ASBCSD MEMBERSHIP MEETING — San Bernardino Hilton, January 21, 2002.
21. SAN BERNARDINO AREA CHAMBER OF COMMERCE — Legislative Breakfast, San
Bernardino Hilton, February 26, 2002.
22. SPECIAL DISTRICT INSTITUTE SEMINAR — "Special District Governance ", Catamaran
Resort, San Diego, CA., February 28 - March 1, 2002.
CLOSED SESSION
23. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
[Government Code Section 54956.9 (b)]
One Potential Case
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
ADJOURN
2
~.AST VALLEY WATER DISTP-.ICT
DIRECTOR'S FEES ~ ~E~SE ~0RT
Cov~rencE~ ~d
TOTAL MEET~GS
Pc~l Au~ / ' '
D~: Function Atlendc{~ $
~te:~_ _ Funo~on Air.tied ,, $ ....
Toal
Dale:.,
PatcL
Dare: Function Att~.d~
~t~:~ Function Att~Mcd~ $.
Date: ..... F~ction At.haled _
To~l Dk~tor'~ Expends $ ~,
~~ ~T~ D~ D~CTOK '
A~v~d ~_ D~e of~d M~efiug
~ EAST VALLEY WATER DISTRICT
D_F-'~CTOR'S FEES AND EXPENSE Rr ORT
DIRECTOR: L-/¢//'T~c~)¢2 7- MONTH OF: z)~'¢~,~'~Z'~,~
Board Meetings: /2~It
,.~anferences and Other Meetin.qs
-- Date: /~-/6 Organization ~'/,/AJ~ gescri)tion ~.~ ~
Date: /zh Organization /~'~JA/~) Descri :)tion
Date: /'2/2/ Organization ~'V/,¢/~ Descri)tion ~ ~,~,'//,-/~, ~,~¢.
Date: Organization Descri 3tion
Date: .Organization Descri )tion
Date: .Organization Descri )tion
Date: Organization Descri ~tion
Date: .Organization Descri )tion
Date: Organization Descri )tion
Date: Organization Descri )tion
Date: .Organization Descri )tion
Date: Organization Descri )tion
Date: Organization Descri )tion
Date: Organization Descri )tion
Date: .Organization Description
TOTAL # OF MEETINGS ~ @125.00 each $
Personal Auto: Miles x .325 per mile $.
Parking Fees $.
Total Lod.qin.qs, Meals & Other: (Details on Back) $.
Total Director's Expenses $.
/"~, ,/'/, .L Total Director's Meetings & Expenses $ 5'/~'.~
"'9ned ~ ,~~ Less any Advance Payments $.
~ate of Board Approval TOTAL DUE DIRECTOR $ .¢/~'.~
Lpd~in.qs: (Receipts attached)
Date: Function Attended $,
Date: Function Attended $,
Date: Function Attended $
Date: Function Attended $.
Date: Function Attended $,
Date: Function Attended $.
Date: Function Attended
Date: Function Attended $.
Date: Function Attended $.
Date: Function Attended $.
SUB TOTAL $
Meals: (Receipts attached)
Date:/~-/'/ Function Attended ~ ~/ z)~-~'/,~,~,-~ $, /~',~
Date: Function Attended $.
Date: Function Attended $.
~ Date: Function Attended $.
Date: Function Attended $.
Date: Function Attended $.
Date: Function Attended $.
Date: Function Attended $.
Date: Function Attended $.
Date: Function Attended $.
SUB TOTAL $
Other: (Receipts attached)
Date: Function Attended $.
Date: Function Attended $.
Date: Function Attended $.
SUB TOTAL $
TOTAL LODGINGS, MEALS AND OTHER $ I~'.~0 _-
(Enter this total on the front of form)
The Board of Director's
of thc
San Bernardino Area Chamber of Commerce
Invite you and your guests to attend the
941b All,ual Installation Oilier
National Orange 5how
Thursday, January 31, 2002
$40 per person/S3?0 table of eight
Honoring Outgoing President
George H. $chnorre
Installing Incoming President
Ralph Affaitati
And the ZOOZ Officers and Board Members
Reception/Trade Show: 5:30 p.m.
Dinner v,~0 p.m.
**************************** (lip allcl l~etxlrll *************************
Names
(please list additional names on reverse side)
Firm
Address
Phone Please make reservations~ Check enclosed for $
RVSP By January 18, 2002 San Bernardino Area Chamber of Commerce
P. O. Box 658
San Bcrnardino, CA 92402
EAST VALLEY WATER DISTRICT
DI~CTOR"S FEES AND EXPENSE REPOT
DIRECTOR: SKIP WILSON MONTH OF:
~eetings Claimed
Board Meeting (Dates) tx [it
Conferences and Other Meetings
Date: ~l~ Organization >,q ~ ~ v~ D _ Location
Date: It]'t Organization ~ B~v ~ ~w,~ Location
Date: 1~/6 Organization_3,~p ~)~b~ ~ Location
Date: t~l~ Organization ~b~ ,0 ~ ~,~ Location
Date: t2lm _ Org~ization ~ ~[ fi ~ Location
Date: ~[tq Organization a~ ~ D,> ~v~. Location ~.~
I~.
TOTAL MEET~GS ~ ~ ~ 00 each
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
Date: Function Attended
Total
Other:
Date:~ FunctionAttended~ ~,.~;tc.~/ ~viv~ ~.'~
Date: Function Attended
Date: Function Attended
Total
Total Director's Expenses
Total Director's Fees (Meetings)
Less any Advice Pa~ents
Signed _ _
Approved Date of Bo~d Meeting
DRAFT SUBJECT TO APPROVAL
EAST VALLEY WATER DISTRICT
REGULAR BOARD MEETING DECEMBER 11, 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, 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): Jo McAndrews, Jeanne Panell (Consumer), Jeff Endicott (CDM),
Anibal Blandon (CDM), Michael Dzubnar (CDM), Craig Watkins
(CDM)
APPROVAL OF AGENDA
M/S/C (Sturgeon-Wilson) that the December 11, 2001 Agenda be approved as
submitted.
PUBLIC PARTICIPATION
President Lightfoot declared the public participation section of the meeting open at 2:02
p.m.
Ms. Jeanne Panell , resident at 27839 21st Street in the City of Highland, addressed
the Board about her concerns over the increased consumption indicated on her water
bill since the installation of a new water meter on October 11, 2001 at her residence.
Information only.
Staff was directed to research the situation and address Ms. Pane[l's concerns as soon
as possible. Information only.
There being no further written or verbal comments, the public participation section was
closed.
DIRECTOR NEGRETE ARRIVED AT 2:05 P.M.
PRELIMINARY DESIGN REPORT FOR PLANT NO, 39 BLENDING STATION was
presented to the Board for approval.
Mr. Jeff Endicott introduced CDM staff and gave a presentation regarding the
Preliminary Design Report and Cost Estimate for District's Plant No. 39 Blending
Station project.
M/SIC (Sturgeon-Wilson) that CDM's Preliminary Design Report and Cost
Estimate for the Plant No. 39 Project be accepted.
THE GENERAL MANAGER REQUESTED A MEETING BREAK AT 2:45 P,M.
DURING WHICH TIME THE OATH OF OFFICE WAS ADMINISTERED TO THE
NEWLY ELECTED DIRECTORS: LIGHTFOOT, NEGRETE, WILSON.
THE REGULAR BOARD MEETING WAS RESUMED AT 3:00 P.M.
ADJOURN TO EAST VALLEY WATER PUBLIC FACILITIES CORPORATION
MEETING.
M/S/C (Negrete-Wilson) that the regular meeting be adjourned to the East Valley
Public Facilities Corporation Meeting at 3:00 p.m.
RECONVENE TO EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING.
M/S/C (Goodin-Negrete) that the East Valley Water District Regular Meeting
reconvene at 3:05 p.m.
APPROVAL OF NOVEMBER 27, 2001 BOARD MEETING MINUTES.
M/S/C (Goodin-Wifson) that the November 27, 2001 Board Meeting Minutes be
approved as submitted.
APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS.
Director Sturgeon requested that addresses be eliminated from future "Liens List" and
that only the customer account number be identified.
2 MINUTES: 12/11/01
M/S/C (Goodin-Wilson) that the liens for delinquent water and sewer accounts be
approved for processing as submitted and that future list of ~iens to be placed on the
agenda be identified by an account number only.
FINANCIAL STATEMENTS FOR THE PERIOD ENDED OCTOBER 31, 2001 was
presented to the Board for acceptance.
M/S/C (Goodin-Wilson) that the Financial Statements for the period ended
October 31,2001 be accepted.
DISBURSEMENTS
M/S/C (Goodin-Wilson)that General Fund Disbursements #187171 through
#187312 distributed November 22-29, 2001 in the amount of $743,285.30, and Payroll
Checks distributed November 21, 2001 in the amount of $104,231.01, totaling
$847,516.31 be approved.
RADON RULE UPDATE
The General Manager stated that there was nothing new to report on the District's
progress with the Radon Rule. Information only.
BOARD REORGANIZATION
President Light"root declared nominations open for President.
Director Sturgeon nominated Donald Goodin for President.
M/S/C (Sturgeon-Wilson) that the nominations for President be closed and that a
unanimous ballot be cast for Donald Goodin as President to the Board,
President Goodin assumed the chair and declared nominations open for Vice
President.
Director Negrete nominated George Wilson for Vice President.
Director Goodin nominated Kip Sturgeon for Vice President.
Director Sturgeon declined the nomination,
M/S/C (Negrete-Sturgeon) that the nominations for Vice President be closed and
that a unanimous baIlot be cast for George Wilson for Vice President to the Board.
M/S/C (Lightfoot-Wilson) that Robert E. Martin be re-appointed as General
Manager.
3 MINUTES: 12/I 1/01
M/S/C (Lightfoot-Wilson) that Robert E. Martin be re-appointed as Board
Secretary.
M/S/C (Lightfoot-Wilson) that Alberta Hess be re-appointed as Chief Financial
Officer.
President Goodin stressed the importance he placed on Committee Assignments and
stated that he would meet with each director to develop appropriate Committee
Assignments and present his final selections to the full Board in January 2002.
SETTING TIME AND PLACE FOR HOLDING MEETINGS,
President Goodin declared that the time and place for holding regular meetings is open
for discussion.
M/S/C (Sturgeon-Negrete) that the District Board Meetings be held on the
second (2nd) and fourth (4th) Tuesday of each month at 2:00 p.m. at the District Office,
1155 Del Rosa Avenue, San Bernardino, California.
SETTING METHOD FOR CALLING SPECIAL MEETINGS.
President Goodin declared that the method for calling special meetings is open for
discussion.
M/SIC (Sturgeon-Negrete) that the Board follow the Government Code Section
54956 provision for calling special meetings.
DIREOTOR'S FEES AND EXPENSES FOR NOVEMBER 2001 were presented to the
Board for approval.
M/SIC (Sturgeon-Negrete) that the Director's fees and expenses for November
2001 be approved.
RATIFICATION OF THE VOTE REGARDING THE CDM PROPOSAL FOR THE
PLANT 39 BLENDING STATION (PRELIMINARY DESIGN REPORT).
M/S/C (Sturgeon-Wilson) that the vote to approve the Plant 39 Blending Project
be ratified,
DEBT MODIFICATION AGREEMENT TO EVVVD LOAN NUMBER 11695 (CITIZENS
BUSINESS BANK LINE OF CREDIT) was presented to the Board for approval.
M/S/C (Wilson-Negrete) that the Debt Modification Agreement to EVWD Loan
Number 11695 be approved.
4 MINUTES: 12/11/01
DISCUSSION AND POSSIBLE ACTION REGARDING THE ADOPTION OF A
MILITARY RESERVE PAY POLICY.
Various options in compliance with the District's legal obligations with respect to the
salary of an employee on military leave were discussed.
Staff was directed to conform with the current law regarding "Military Leave" pay and
discuss the issue further during "Contract" negotiations next Spring. Information only.
NOVEMBER 14-30, 2001 - RELEASES OF LIEN FOR DELINQUENT WATER AND
SEWER ACCOUNTS.
List of liens re[eased from November 14-30, 2001 was reviewed. Information only.
GENERAL MANAGER'S REPORT
The General Manager reported on District operations to date; that vandalism had
occurred at District's Plant #37 and that it would remain sealed off until water quality
testing had been completed; relocation project for Plant 37 was underway; that the
preliminary title reports had been received for the District's well sites on 6th Street (East
of Sterling) and escrow should close within thirty {30) days. Information only.
ORAL COMMENTS FROM BOARD OF DIRECTORS.
Director Negrete extended his "congratulations' to the new slate of officers on the
Board. Information only.
Director Goodin expressed his gratitude for the Board's confidence in electing him
Board President and stated that he would make every effort to live up to their
expectations. He also thanked outgoing president, Glenn Lighffoot, for a "job well
done". Information only.
There being no verbal or written comments from the Directors, this section of the
meeting was closed.
CMUA-2002 LEGISLATIVE BRIEFING, LEGISLATIVE VISITS & RECEPTION,
JANUARY 14, 2002, SACRAMENTO, CA.
ASBCSD MEMBERSHIP MEETING -DECEMBER 17, 2001, LOTUS GARDEN
RESTAURANT, SAN BERNARDINO, CA. Information only.
CLOSED SESSION
President Goodin declared the meeting adjourned to Closed Session.
5 MINUTES: 12/11/01
The Board entered into session at 3:30 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
The Board returned to regular session at 3:40 p.m.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
The items listed on the Agenda were discussed in closed session with no reportable
action being taken.
ADJOURN
The meeting was adjourned at 3:40 p.m,
Donald D. Goodin, President
Robert E, Martin, Secretary
6 MINUTES: 12/11/01
RESOLUTION 2002.01
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT
ACCEPTING DEDICATION OF WATER DISTRIBUTION SYSTEM
TRACT 14326-1
BE IT HEREBY RESOLVED by the Board of Directors of the East Valley Water District, as
follows:
WHEREAS, the water line relocation system and appurtenant structures constructed at
Tract 14326-1 for public use in the City of Highland, have been dedicated to East Valley Water
District by Gary Sodey for Pacific Century Homes.
NOW THEREFORE, BE IT HEREBY RESOLVED, that the Dedication of Water
Distribution System dated August 26, 2001 and executed by Century Pacific Homes on August
26, 2001 be accepted and all rights, title and interest in and to said water system be vested in the
East Valley Water District, and that the Secretary of this District be, and is hereby authorized and
directed to record this Resolution with said Dedication of Water Distribution system attached
hereto, in the office of the County Recorder of the County of San Bernardino, State of California.
The foregoing resolution was duly adopted at a meeting'of the Board of Directors of the
East Valley Water District, upon motion duly made, seconded and carried on January 8, 2002.
AYES: Directors
NOES:
ABSENT:
EAST VALLEY WATER DISTRICT
Donald D. Goodin, President
Attest:
Robert E. Martin
Board Secretary
W1645
12/19/01 jw
Tract 14326
RECORDING REQUESTED B~,~_.. ~
East Valley Water District
WHEN RECORDED MAIL TO:
East Valley Water District
Post Office Box 3427
San Bernardino, California 92413
DEDICATION OF WATER SYSTEM
Board of Directors
East Valley Water District
San Bemardino, California 92413
We hereby declare that the water system and appurtenant structures to be constructed in
/~g-(~- J in accordance with all the requirements of the East Valley Water
District are intended for public use and that upon their acceptance by said District, all rights, title and interest of the
undersigned in and to said water system shall thereupon vest in the District. the within dedication shall be binding
upon heirs, successors, assignees, executors, or administrators of the undersigned.
The undersigned further declares and hereby certifies that there are no liens or debts of any nature presently
due or outstanding against or upon said water system and appurtenant structures for labor or materials or for any
other cause, and that the undersigned will hold East Valley Water District free and harmless from any and all such
claims of liens asserted upon said water system and appurtenant structures should they be claimed or arise
provided such claims or liens arose from acts which occurred on or before the date listed above.
(Corporate Seal)
STATE OF CALI~ORNIA-~ )
cou.
On ~/~"./¢I ,20 , before me, the undersigned, a Notaw Public in and for the said Co.n~ and
State, personally appeared
personally known to me (~d to m~s~f sat!sfc~' cv[dcn~) to be the person~ whose name(~
is/~subscribed to the same in his/he,/[',,u[i 'authorized capacity (iss~, a~d that by his/~Lhc!,-~ignature ~ on the
instrument the person ~, or the entity upon behalf of which the person ~acted, executed the instrument,
WITNESS my hand and o~cial ~ea[.
~y Comm. ~ires ~ov. 3, 2001 '
WCINITY M.4P
TRACT 1~326-1
RESOLUTION 2002.02
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT
ACCEPTING DEDICATION OF SEWERS
TRACT 14326-1
BE IT HEREBY RESOLVED by the Board of Directors of the East Valley Water District, as
follows:
WHEREAS, the sanitary sewers and appurtenant structures constructed in accordance
with specifications of the East Valley Water District at Tract 14326-1 for public use in the City of
Highland, have been dedicated to East Valley Water District by Gary Sorley for Pacific Century
Homes.
NOW THEREFORE, BE IT HEREBY RESOLVED, that the Dedication of Sewers dated
August 26, 2001 and executed by Pacific Century Homes on August 26, 2001 be accepted and
all rights, title and interest in and to said sewers be vested in the East Valley Water District, and
that the Secretary of this District be, and is hereby authorized and directed to record this
Resolution with said Dedication of Sewers attached hereto, in the office of the County Recorder
of the County of San Bernardino, State of California.
The foregoing resolution was duly adopted at a meeting of the Board of Directors of the
East Valley Water District, upon motion duly made, seconded and carried on January 8, 2002.
AYES: Directors
NOES:
ABSENT:
EAST VALLEY WATER DISTRICT
Donald D. Goodin, President
Attest:
Robert E. Martin
Board Secretary
S1645
12./19/01 jw
Tract 14326
RECORDING REQUESTED B~'~.,
East Valley Water District
WHEN RECORDED MAIL TO:
East Valley Water District
Post Office Box 3427
San Bernardino, California 9241
DEDICATION OF SEWERS
Board of Directors
East Valley Water District
San Bemardino, California 92413
We hereby declare that the sanitary sewers and appurtenant structures to be constructed in
/~,'~ ~/' in accordance with all the requirements of the East Valley Water
District are intended for public use and that upon their acceptance by said District, all rights, title and interest of the
undersigned in and to said sewers shall thereupon vest in the District. The within dedication shall be binding upon
heirs, successors, assignees, executors, or administrators of the undersigned.
The undersigned fudher declares and hereby certifies that there are no liens or debts of any nature presently
due or outstanding against or upon said sanitary sewers and appurtenant structures for labor or materials or for any
other cause, and that the undersigned will hold East Valley Water district free and harmless from any and all such
claims of liens asserted upon said sanitary sewers and appurtenant structures should they be claimed or arise
provided such claims or liens arose from acts which occurred on or before the date listed above.
.7
(Corporate Seal)
STATE OF CALIxFO. P.N)~ )
On ~/~-~¢/~) ,) , 20__, before me, the undersigned, a Notary Public in and for the said County and
State, persanallyappeared '~/?/~'~.~ ~ ~
I (,,.. ¢.
personally known (of-f~_ thaJ3asis-ef-~¢.' ~ ) p
to me ~,/¢,,-[ tn mc, nq ,,.. ea. to be the erson whose name
is/are' subscribed to the .same in his/herC4heir authorized capacity (4ee-), sjnd that by his/~ signature ~ on the
instrument the person/(.~), or the entity upon behalf of which the person~) acted, executed the instrument.
WITNESS my hand and official sepal.
~ ~:'~,:~,., DEBORAH A. CANO
U~/~; ~' ~ '~) NOTARY PUBLIC-CALIFORNIA
% '~" :' ~:~ Riverside County
~ ~-,,~2~ My C~m, Exeires Nov J,2001
22
. t//CINITY MAP
TRACT
RESOLUTION 2002.03
A Resolution Of The Board Of Directors Of The East Valley Water District
Accepting Conveyance Of Non-Exclusive Easement from S-P, East Highland,
LLC, a California Limited Liability Company shown in Exhibit 'A" and listed in
Easement For The Right To Construct, Use, Maintain, Alter, Add To, Repair,
Replace and/or Remove Pipeline Appurtenances, Under, Through And Across
The Real Property Located In The City Of Highland, County Of San Bernardino,
State Of California.
BE IT HEREBY RESOLVED AND ORDERED that the Conveyance of
Non-Exclusive Easement dated November 29, 2001, and signed by William J.
Griffith, President for S-P East Highlands, LLC, a California Limited Liability
Company as grantor (s) grants to the East Valley Water District, its successors
and assigns a Pipeline Easement over, under, through and across the real
property described therein, be and the same is hereby accepted for and on
behalf of said Water Company.
BE IT FURTHER RESOLVED, that a copy of this resofution be attached to
said Conveyance of Pipeline Easement, and that the same be recorded in the
Office of the County Recorder, County of San Bernardino, State of California,
and filed in the records of said Board.
The foregoing resolution was duly adopted at a meeting of the Board of
Directors of the East Valley Water District by motion duly made, seconded and
carried on January 8, 2002.
Ayes: Directors:
Noes:
Absent:
EAST VALLEY WATER DISTRICT
Donald D. Goodin, Board President
ATTEST:
Robert E. Martin, Board Secretary
Job No. W2168
jw 1/3/02
Record Request of and Mail to:
East Valley Water District
P.. Box 3427
San Bemardino, CA 92413
CONVEYPdqCE OF NON-EXCLUSIVE EASEMENT
S-P East Highlands, LLC, as Grantor(s), for valuable consideration, receipt of which is hereby acknowledged, does hereby
grant, bargain, sell and convey to the EAST VALLEY WATER DISTRICT, a County Water District, its successors and assigns, as Grantee,
a non-exclusive easement for the right to construct, use, maintain, alter, add to, repair, replace and/or remove pipelines, roads, water
reservoirs and telemetry systems together with all necessary appurtenances over, under, through and across the real property located
in the County of San Bernardino, State of California, described as follows:
See Exhibit "A" attached hereto and made a part hereof
Grantor(s) further agrees to notify EAST VALLEY WATER DISTRICT of any future use across said easement and to coordinate
with EAST VALLEY WATF~. DISTRICT the installation of any future facilities within said easement.
Ilq Win, mss WHEREOF, the Grantor(s) has executed this instrument this day of
. ,20
Dated //'~:¢~-q- ~ / S-P EAST HIGHLANDS, LLC, A Ca{ifornia Limited
Liability Company
by: Underhill Properties, LLC, A California Limited
Liability Company, Its Member
Rivendell Land Company, Inc., A California
~[~tS~:.!? ~mber
STATE OF CAL,~Ot~I~C'- )
La. it ~ )
.,~'r--~William J. G~ffith, President
On //-g_ ¢- 0 / ,
personal¥ appeared L/~'£~ ~,,~Ar/+~'~'? U.S. BANK~ATIONAL ASSOCIATION (A National
Banking Assoc.) J
personatly known to me (or proved ,o me on the basis of
satisfactory evidence) to be the person(s) who name(s)
is/are subscribed to the within instrument and acknowledged ....
to me that he/she/they executed the same in his/her/their Larry Johnson, Vice Pr~'sident
authorized capacity(les), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
Cl~is are~ for official noladal seal)
State of ~-a~//~..7"Z"C"
County of
On.~/g~f~,,~/beforeme, /~c~ ~~ ~F~
~a~ ' ~/~ O~C~- ~.~., "~ ~, N~ ~UC"
personally appeared /~//~f~ ~ ~ ~ ~ ; ,
~ personally ~own to me - OR - ~ p~ te ~ nn the b~$~s o~tisfacto~
e~enee to be the person~ whose name~
is/~subscribed to the with~ instrument
~d ac~owledged to me that he/s~/they
executed the same in his/~/tkz~
authorized capaci~(~, and that
his/her~ir si~amre(~ on the instrument
the person(~ or the entity upon behalf of
which the person~ acted, executed the
] K~ o~nge Coun~ [ instrument.
WI~ESS my hand and official seal.
SmNA~ OF~OT~Y
.................................. OPTIONAL ...............................
Tb. ough the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reatiachrnent of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
~] INDIVIDUAL
[~ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
C~ PARTNER(S) 0 LBtITED
[~] G ENEICAL
[] ATTORNEY-IN-FACT NUMBER OF PAGES
~ TRUSTEE(S)
[~ GUARDIAN/CONSERVATOR
~ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF pERSON(S) OR EN i I fY(rES)
SIGNER(S) OTHER TI-LIN NAMED ABOVE
EXHIBrr "A"
All that portion of the Southeast quarter of Section 35, Township 1 North, Range 3 West, in the
City of Highland, County of San Bemardino, State of California, more particularly described as follows:
Beginning at the most Southerly comer of the parcel of land described in the deed to East Valley
Water District recorded December 31, 1992 as Instrument No. 92-543649 in the office of the San
Bemardino County Recorder; thence North 20 ° 37' 17" West along the Southwesterly line of said parcel
of land, a distance of 18.83 feet;
Thence South 69° 22' 43" West, a distance of 51.93 feet to the beginning ora tangent curve
concave Northerly, having a radius of 99.00 feet;
Thence Westerly along said curve through a central angle of 35° 46' 59", an arc distance of 61.83
feet;
Thence North 74° 50' 18" West, a distance of 56.53 feet;
Thence South 16° 14' 38" East, a distance of 25.78 feet;
Thence South 74 ° 50' 18" East, a distance of 43.10 feet to the beginning of a tangent curve
concave Northerly, having a radius of 121.00 feet;
Thence Easterly along said curve through a central angle of 35° 46' 59", an arc distance of 75.57
feet;
Thence North 69° 22' 43" East, a distance of 51.93 feet to the Easterly prolongation of said
Southwesterly line;
Thence North 20° 37' 17" West along said prolongation, a distance of 3.17 feet to the POINT OF
BEGINNING.
Containing 0.0861 acres, more or less.
No. L ~;~
~NE BEARZNG DISTANCE
GRAPHIC SCALE 1"=60,
0 60 120 180
/ /
T~3~.9~' & 35'46'~g"--~-~ _~
VICINITY MAP
Easement to E.V.W.D. Plant 140
CERTIFICATE OF LIEN
JANUARY 8, 2002
ACCOUNT OWNERS PROPERTY AMOUNT
NUMBER NAME ADDRESS OWED/I
004-0042-3'+ $36.09/~
2. 004-0080-0* $358.37
3. 019-1763-2' $110.22
4. 036-0010-2' $90.75
5. 041-1206-4' $86.55
6. 043-0148-9' $163.33
7. 051-0043-5' $54.19
8. 073-0212-4' $23.34
9. 082-0043-5+ $207,76
/ 083-0038-2' $26.36 ,~
11. 091-2078-1' $166.26
12. 092-0034-2* $153.70
13. 094-0024-0' $162.06
14. 101-0104-2+ $447.76
15. 101-0208-6' $77.58
t6. 104-0025-2' $31.35
17. 106-0039-4' $32.19
18. 112-0132-5- $32.14
136-0015-0'
21. 144-0004-2' $178.01
22. 144-1711-3' $87.55
23, 152-0151-1 $28.67
24. 155-0497-3+ $156.95
Page 1 of 2
25. 155-0794-0' $21.13
TOTAL $2,874.79
* STILL OWNS PROPERTY
+ MULTIPLE UNITS
Page 2 of 2
Va~ey Donald D. Good~n
East Water District President
George E. "Skip" Wilson
Vice Presideilt
1155 Del Rosa Avenue., RO. Box 3427 Glenn R. Lightfoot
San Bernardino, California 92413 Director
(909) 889-9501 Kip E.DirectorSturgeon
Edward S, Negrete
Director
Robert E. Martin
General Manager
Alberta M. Hess
Chief Financial Officer
Januaw 3,2002
The accompanying financial statements for the period ended November 30, 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
November 30, 2001
ASSETS
UTILITY PLANT- at cost:
Utility plant in service - water department $66,792,998.32
Utility plant in service - sewer department 19,561~264.01
86,354,262.33
Less: Accumulated depreciation (26,793~013.16)
59,561,249.17
Construction in progress 4,635,425.54
64,196,674.71
RESTRICTED ASSETS:
Water department - bond funds - cash in bank 6,475.00
Cetdficate of Participation reserved funds - cash in bank 6,719,227.59
Reserved funds - designations - cash in bank 1 ~561,450.00
~l~ 8~287~152.59
CURRENT ASSETS:
Cash on hand and in banks 12,505,990.73
Less: Cash restricted 8,287~152.59
4,218,838.14
Accounts receivable (net of allowance) 1,014,723.23
Other receivables (net of allowance) 145,184.67
Inventory 776,544.61
Prepaid expenses 309~012.02
14~7511455.26'
OTHER ASSETS AND DEFERRED COSTS (Net of Amortization):
Bond discount and incidental bond expenses 30,810.42
Deferred financing charges 464~447.23
495,257.65
TOTAL ASSETS $87,730,540.21
East Valley Water District
Balance Sheet
November 30, 2001
LIABILITIES AND EQUITY
LONG-TERM DEBT:
Certificates of Participation due after one year $16,081,712.51
Less: Deferred amount on refunding of Certificates of Participation (835~645.91)
15~246~066.60
CURRENT LIABILITIES:
Accounts Payable 888,995.28
Accrued payroll and benefits 340,430.23
Customer service deposits 1,029,551.32
Deferred Rental Income 55,833.00
Accrued interest payable 120,028.98
Deposits - refundable 194,510.09
Certificates of Participation due within One year 1,726~266.00
4,355,614.90
~' TOTAL LIABILITIES 19~60'1~681.50
EQUITY:
Contributed capital:
Invested in utility plant 23,113,858.57
Other contributed capital 3,665,614.18
Reta'med earnings:
Reserved for water bond funds 6,475.00
Reserved for emergencies 1,545,000.00
Reserved for unemployment insurance 16,450.00
Fund Balance 37,526,518.67
Net Income for current year 2~254~942.29
TOTAL EQUITY 68,128,858.71
TOTAL LIABILITIES AND EQUITY $87~730,540.21
0
Z Z ~ ~
ILl ~ ~ o ,~ c~ .~
East Va ey Water District
TO: BOARD OF DIRECTORS
FROM: ALBERTA M. HESS / CHIEF FINANCIAL OFFICER
SUBJECT: DISBURSEMENTS
DURING THE PERIOD DECEMBER 5, 2001 THROUGH DECEMBER 26, 2001 CHECK
NUMBERS 187313 THROUGH 187626 IN THE AMOUNT OF $ 885,023.46 WERE
ISSUED.
PAYROLL CHECKS WERE DISTRIBUTED IN THE AMOUNT OF $82,549.85 ON
DECEMBER 7, 2001 AND $81,509.07 ON DECEMBER 21, 2001.
TOTAL OF ACCOUNTS PAYABLE DISBURSEMENTS AND PAYROLL FOR THE PERIOD -
$ 1,049,082.38.
STATE OF CALIFORNIA - THE RESOURCES A~Y ~ GRAY DAVIS, Governor
DEPARTMENT OF WATER RESOURCES ~
1416 NINTH STREET, P.O. BOX 942836
SACRAMENTO, CA 94236-0001
(916) 653-5791
Mr. Robert E. Martin, General Manager
East Valley Water District
Post Office Box 3427
San Bernardino, California 92413-3427
Dear Mr. Martin:
Safe Drinking Water State Revolving Fund Proiect Fundinq for East Valley Water
District (Arroyo Verde MWC), Proiect #3610064-01
Your application for funding under the Safe Drinking Water State Revolving Fund
has been reviewed by the Department of Water Resources and the Department of
Health Services. We have determined that project number 3610064-01, as proposed by
(he Arroyo Verde Mutual Water Company, is eligible for a construction loan in the
amount of $136,034 and a construction grant in the amount of $544,136, for a total
state funding of $680,170. It is our understanding that the total project is estimated to
cost $810,170 and that the difference will be funded by the East Valley WD (Arroyo
Verde MWC).
This letter serves as our Notice of Application Acceptance. Funds in the amount
of $680,170 have been encumbered in the SDWSRF account and will be reserved for
this project provided the terms and conditions as set forth herein are met. In order to
maintain this reservation of funds in the SDWSRF account for your project, it is
essential that you sign this Notice of Application Acceptance at the space provided and
return it within 30 days.
This Notice of Application Acceptance must have the original signature of
the authorized representative from East Valley WD and Arroyo Verde WC. Arroyo
Verde will receive a copy of this letter; however, the signature must be placed on
this copy. DWR will not accept this Notice of Application Acceptance without
original signatures from both East Valley WD and Arroyo Verde MWC.
This Notice of Application Acceptance is strictly contingent upon the change
of ownership from Arroyo Verde MWC to the East Valley Water District prior to final
execution of a funding agreement. East Valley (Arroyo Verde) must also obtain the
remaining $130,000 required to have a fully funded project, prior to contract execution.
The contract, when issued and executed, will provide for a 20-year loan at a zero
percent interest rate in addition to the grant. Your semiannual principal payments will
be approximately $3,401 and will normally begin after project completion. An
accumulation of approximately $340 semiannually during the first ten years of the loan
repayment period is required in order to build a loan repayment reserve fund equal to
two semiannual payments.
This funding offer is contingent upon your compliance with the following terms
and conditions. Items indicated as DWR Requirements must be submitted to DWR and
DHS Requirements must be submitted to your DHS District Office.
Mr. Robert E. Martin, General Manager
DEC 19 2001
Page 2
I. Prior to issuance of the contract for signature by your authorized
representative, the following items must be provided:
DWR Requirements
1. Written designation, by resolution or otherwise appropriate, of individual(s)
with legal authority to:
a. sign the SDWSRF contract;
b. approve the Claims for Reimbursement;
c. sign the Budget and Expenditure Summary (DWR form 4277), enclosed;
d. sign the Contractor's Release form (DHS form 2352), enclosed; and
e. sign the certification that the project is complete and ready for final
inspection.
Person(s) signing the Budget and Expenditure Summary and certification that
the project is complete and ready for final inspection must be a registered
engineer(s) or person(s) approved by DHS.
2. A written statement, resolution, or ordinance (as appropriate) adopted by the
water system's governing body dedicating a source for repayment of the loan.
3. Provide documentation evidencing the District has obtained the $130,000
necessary to have a fully funded project.
4. Provide the identity of your Contract Manager.
DHS Requirements
1. EVWD/AVMWC shall submit evidence of the completed change of ownership
from Arroyo Verde MWC to East Valley WD. The change of ownership is to be
completed no later than September 1, 2002.
2. EVWD/AVMWC shall submit plans and specifications for the project to the San
Bernardino District Office of DHS no later than September 1,2002.
3. EVWD/AVMWC shall submit the bid solicitation package to the DHS-Minority and
Women-Owned Business Enterprise Coordinator for review and approval prior to
advertising for bids.
4. On or before October 1,2002 the applicant shall prepare and submit 15 copies of
a Proposed Negative Declaration to the State Clearinghouse, P.O. Box 3044,
Sacramento, California, 95812-3044.
5. On or before March 3, 2003 EVWD/AVMWC shall submit to the DHS
Environmental Review Unit a resolution from its decision-making body making
appropriate CEQA findings and stating that the environmental document (and
any applicable mitigation monitoring plan) has been certified or adopted.
Mr. Robert E. Martin, General Manager
DE0 19 2001
Page 3
6. On or before March 10, 2003 EVVVD/AVMWC shall file a Notice of Determination
with the San Bernardino County Clerk and the Governor's Office of Planning and
Research. A copy of the Notice of Determination must also be sent to the DHS,
Environmental Review Unit.
All items under I must be provided prior to issuance of the contract for
signature by your authorized representative.
II. Prior to final execution of the contract by DWR, the following items must be
provided:
DWR Requirements
1. The services of a Fiscal Agent must be secured to assist in administering
repayment of the loan. Complete and return to DWR a Fiscal Services
Agreement (DWR form 4280), in triplicate, enclosed.
2. Complete and sign a Payee Data Record (STD 204), enclosed. This form is
to be returned with the signed contract. DWR will forward it with the final
contract to DHS.
All items under II must be provided before final execution of the contract by
DWR.
III. Prior to disbursement of funds, the following items must be provided:
DWR Requirements
1. Evidence that a separate checking account has been established for deposit
of loan funds received from the State.
2. Evidence that a project deposit account has been established in accordance
with generally accepted accounting principles. This account is to be separate
and distinct from all other accounts of the Water District and is for the deposit
of funds received from your customers. (Funds are deposited here before
being transferred to your Fiscal Agent.)
3. Complete and return to DWR a Security Agreement (DWR form 4279), on the
above two deposit accounts, enclosed,
4. Sign and return a Financial Statement (form UCC-l), to be provided by DWR,
for providing security in items of personal property including deposit accounts
as reference in items 1 and 2 above. (UCC-1 will be provided by DWR after
all your fiscal accounts have been established).
Mr. Robert' E. Martin, General Manager
DEC 1 9 2001
Page 4
5. Sign and return a Certification Regarding Lobbying form, enclosed. (Only
applies if loan exceeds $150,000 and/or grant exceeds $100,000.)
IV. General Requirements
DHS Requirements
1. As grant funding is to be provided, you must use a competitive bid process for
the construction of the project.
2. EVWD/AVMWC shall not initiate project construction until the DHS has
completed its environmental review of the project.
3. EVWD shall submit the following outstanding TMF documents to the
San Bernardino District Office of DHS for review and approval no later than
the dates specified:
a. A system operation plan no later than October 1,2003.
b. A disaster/emergency response plan no later than October 1, 2003.
c. A capital improvement plan no later than October 1,2003.
4. The EVWD/AVMWC shall complete construction of the project no later than
July 1,2003.
5. Upon completion of the project, AVMWC will cease to exist as a public water
system and its permit will become null and void.
Note: Pursuant to Government Code Section 8546.7 the contracting parties shall
be subject to the examination and audit of the State or any agent thereof, and the State
Auditor. Parties are also subject to examination and audit of the U.S. Environmental
Protection Agency, the Comptroller General of the United States, and Office of the
Inspector General.
Failure to comply with DWR and DHS Requirements I and II may result in a
withdrawal of this Notice of Application Acceptance. Should this occur, your project will
be bypassed but will remain on the project priority list and you will be required to submit
a new application for future funding. If for any unforeseen reason you are unable to
comply with any of the above requirements, you should contact your District Office of
DHS as soon as possible.
This Notice of Application Acceptance is not an authorization to begin
construction. Unless prior written approval from DHS is received, initiation of
construction of this project prior to the execution of a loan contract may result in this
project being ineligible for financing from the SDWSRF. Therefore, if you plan to start
construction early, you should immediately contact your District Office of DHS.
Mr. Robert E. Martin, General Manager
DEC 19 ?.001
Page 5
In order to maintain the reservation of funds in the SDWSRF account for your
project, you must sign this Notice of Application Acceptance at the space provided
below and return it within 30 days of receipt to:
Department of Water Resources
Safe Drinking Water Office
Attention: Sylvia Ortega, Room 804
Post Office Box 942836
Sacramento, California 94236-0001
Your signature will indicate your acceptance of these terms and conditions and
your intention to proceed with the project. It does not constitute any obligation on your
part to enter into the loan contract. Failure to sign and return this Notice within the
time period will result in the withdrawal of the Notice and the bypassing of your
project.
The State commends the East Valley Water District (Arroyo Verde MWC) for
taking steps to correct the deficiencies that will be remedied by this project in order to
provide safe drinking water to your consumers. For your convenience, a draft copy of a
construction contract is enclosed. If you have any questions regarding this Notice,
please contact Jean Green, DWR Associate Analyst, at (916) 653-9277.
Sincerely,
Perla Netto-Brown, Chief
Division of Fiscal Services
The terms and conditions set forth in this Notice of Application Acceptance are
acceptable to the East Valley Water District and the Arroyo Verde Mutual Water
Company and it is our intention to continue with this project as proposed.
East Valley Water District Arroyo Verde Mutual Water Company
Signature: Signature:
Print Name: Donald :D. ~oodfn Print Name:
Title: Board President Title:
1155 Del Rosa Ave.
Address: San Bernardino~ CA. 92410 Address:
Date: Date:
Enclosures
cc: (See attached list.)
DEC 1 9 ~.001
Honorable Bill Leonard
Member of the Assembly
State Capitol, Room 2175
Sacramento, California 95814
Honorable James Brulte
Member of the Senate
State Capitol, Room 5087
Sacramento, California 95814
Laurel Gunn, Secretary/Treasurer
Arroyo Verde Mutual Water Company
2695 Atchison Street
San Bernardino, California 92410
Alberta M. Hess, Chief Financial Officer
East Valley Water District
Post Office Box 3427
San Bernardino, California 92413-3427
Kalyanpur Baliga, District Engineer
San Bernardino District
Division of Drinking Water and
Environmental Management
Department of Health Services
464 West 4th Street, #437
San Bernardino, California 92401
Robin Hook, SDWSRF Program Manager
Division of Drinking Water and
Environmental Management
Department of Health Services
Post Office Box 942732
Sacramento, California 94234-7320
CONTRACTOR'S RELEASE
Instructions to Contractor: - *
Submit this for each cent~aot valued at $1,000 or mere. VV[th final invoice(s) submit one (1) origin~I and two (2) copies. The
original must bear the~=riginal signature of · person a~ho~ed to b/nd the Contractor. The add,anal copies may beer
photocopied signatures.
Submission of Final Invoice
Pumuant ~ contra¢t number enmmd into b~;tween the State of C~J~fomia Depara'nant of Health sen/ices
and Ihs Conm~ctor (idanUfied below}, the Conf~'acto~ does haneby a~nowtedge that find payment has been reques~d v~a invoice
number(e) , tn the amount(s) of $ and dated .
If eecessary, enter 'See Attac~ed' in the appropriate blocks and a'~ach a list of invoice numbers, dollar amounts end invoice dates.
Release of all Obligations
By signing this form, Con's'actor does hereby re[ease and discharge the Slate, it= officem, agents and employees of and fn3m any
and all liabi[itles, obligations, claims, and demands whatsoever adsing fi'om the above referenced corm'ack Co.t, act=r does further
release and discharge the State ~ officers, agents and err~loyces of and from any and all liabilities, obligations, ctalms, and
demands whatsoever adsing from any and all subcontractors and assignees eut~oriz~d pursuant to said conU'act.
Repayments Due to Audit Exceptions / Record Retention
By signing this form, Contractor ectmowledges that expenses authorized for reimbumement does not guarantee final allowability of
said expenses, Conga"actor agr.a~ that the amount of any sustained audit excel:fdons resulting from and subsequent audit mede
after final payment, w~il be refunded t= the State.
All expense and acceudUng records misted to the above referenced =3ntmc{ mus~ be maintained for audit purposes for no less
than three years beyond the date of final payment unless a longer term is stated in said
Recycled Product Use Certification
By signing this fon~l, Cantmctor corff~as under penalty of pedu~ that [En~er "pementage value" or "zem"] percent of
the materials, goods, supplies or product= offered or used in the performance of the above referenced contract meets or exceeds
the minimum percentage of recycled material, es defined in Public Cant~act Code SectJon~, 12181 and 12200.
Reminder to Return State Equipment/Property (If Applicable)
(A~plie~ 0sly if equipment was provided by DHS or purct~$ed ~ or reimbum~ by ¢=ntrac[ funds)
Unless DHS has approved the c~n~ued use end pussession of S~te equipment (as defined in the above referenced c~ntrect) far
use in connection w~th another" DHS agnsement. Cont~ctor agrees to prompUy inmate arrangement~ to account for and return sa~d
equipment to DHS, at DH$'s ex~ense, if said equipmeot has no~ p~seed its useful I1~ expectancy as defined in the above
referenced contract.
Patents I Other Issues
By signing this form, Contractor furlher agm~s, in ~nnec~on wilt patent ma~ters and w~h any'cialms that*are not spec~celly
released es set forth above, th=t it w~ll cemply with all of the provisions contained in we above referenced c~ntraot, including, but
not limited to, these provisions relating to not~c~tJon to the Slate and ra~ated to the de~nse Or proeac',J'Jon of l~gatJon.
Contractor's Legal Name i~ on
Signature of Cont~cmr or Official Designee: Date:
Pdn~ed Nama/'Fr~e of Person Signing:
01-~ O[~'.~bblJon: Accau'n~'~g (Original) Pro, ram CMU
OHS~JS2 (~ Attachment
STATE OF CALIFORNIA
PAYEE DATA RECORD
(Required in lieu of IRS W-9 when doing business with the State of California)
~ -"~. 204 (REV. 2-2000)
~OTE: Governmental entities, federal, state, and local (including school districts) are not required to submit this form.
SECTION 1 must be completed by the requesting state agency before forwarding to the payee
DEPARTMENT OF HEALTH SERVICES PURPOSE: Information contained in this form wi
ST~Ee~,OORESS ,~AFE DRINKING WATER ~rATE RI'VOWING I:UND be used by state agencies .to prepare informatio
PLEASE ~0~ NORIli 7th STREET, MS 92 Returns (Form 1099) and for withholding
RETURN CITY. aTA TE. ZIP CODE
this fully completed form will prevent delays whe
TO: SACR, A~ENTO, CA 94234-7~20
TELEPHONE NUMBER ~rocessing payments.
(See Privacy Statement on reverse)
[] PAYEE'S BUSINESS NAME
~ CHECK ONE BOX ONLY [] GO'V'ER~NTAL NOTE: State ant
local govemmen
VENDOR L.J LEGAL CORPORATION [] PARTNERSHIP
includin~
LJ MEDICAL CORPORATION LJ ESTATE OR TRUST not requireO to
V submit this Iorm
[~] EXEMPT CORPORATION
[]ALL OTHER CORPORATIONS NOTE: Paymen
an accom~ anyil
E~ INDIVIDUALOR SOLE PROPRIETOR
taxpayer
NOTE:
~] Californ{a Resident - Qualified to do business in CA or a permanent place of resident if
business in CA decedent was
PAYEE California resi¢
RESIDENCY [] Nonresident (See Reverse) Payments to nonresidents for services may be subject at time of dear
STATUS to state withholding b, A trust is a
one trustee !s
California resi,
(See
I hereby certify under penalty of perjury that the information provided on this document
is true and correct. If my residency status should change, I will promptly inform you.
CERTIFYING AUTHORIZEO PAYEE REPRESENTATIVE'S NAME ITy~e or P~t) TITLE
SIGNATURE
State of California DEPARTMENT OF WATER RESOURCES The Resource~ Agenc~t
SECURITY AGREEMENT v
(DEPOSIT ACCOUNT)
1. . , DEBTOR, hereby grant to the State
~ of California, Department of Water Resources, Secured Party, a security interest in the deposit
account(s) described below to secure performance of the obligations set forth in Loan Contract
executed on between Debtor and Secured Party. (date)
2. The deposit account(s) which is(are) the subject of this agreement is(are) described below:
A. Bank Account No.
Street Address Phone
Mailing Address
B, Bank Account No.,
Street Address Phone
Mailing Address
Use a separate sheet if more than two accounts. Attachment C) Yes O No
3. If the deposit account has not been opened on the date this agreement is executed, Depositor will
supp{y account number to Secured Party promptly following the opening of the account.
4. Debtor agrees that, except for principal and interest payments pursuant to the Loan Contract and as
indicated the space below, Debtor will not withdraw any funds from the account(s) specified above
until the indebtedness to Secured Party is completely discharged.
5, Debtor will notify Secured Party in writing immediately if any third party obtains or attempts to obtain
a lien or other interest in the d~posit account by attachment, execution or other form of legal
process.
6. Secured Party, claims a security interest in the deposit account and does not waive any prior
security Interest in this or any other deposit account described above.
.State of California
Date Department of Water Resources
SECURED PARTY
Debtor
By...
By Chief
Title Safe Ddnking Water Office
Division of Fiscal Services
Mailing Address Post Office Box 942838
Sacramento, California 94236.-0001
Phone No. ( ) (916) 653-9722
'DWR 4279 (New 2J99)
Sta{e of Calit?omia ~ DEPARTMENT OF WATER RESOURCES ~ The Resources Agency
SDW State Revolving Fund
INSTRUCTIONS
FOR FORM DWR 4280,
"FISCAL SERVICES AGREEMENT"
1. The Fiscal Services Agreement (Form DWR 4280) is a contract between the parties.
The Depositor must provide evidence that the person signing on behalf of the
Depositor is duly authorized to sign this Agreement by action,...bf the governing board
or other appropriate authority. Generally, the authorized person is the presiding
officer of the governing board.
2. Depositor and Fiscal Agent must complete, sign and return throe originals of the
Fiscal Services Agreement to the Department of Water Resources, Safe Drinking
Water Office, Post Office Box 942836, Room 804, Sacramento, California 94236-
0001. DWR will return a fully signed Agreement to the Depositor and the Fiscal
Agent.
3. Send a copy of the signature card for the account with the Fiscal Services
Agreement to DWR. Signature authority for withdrawal of funds must remain with
the FiscalAgent, not the Depositor. Following is an example of the account title and
instructions for an acceptable signature card:
~ TITLE: YOUR BANK Acting as Trustee for XYZ Water District under
DWR Contract
INSTRUCTIONS: ' No withdrawals allowed on this account without prior written
approval from the Department of Water Resources (see Fiscal
Services Agreement on file)..
DWP, 4280a (New 2/99)
-~tste ol {;alilomla DEPARTMENT OF WATER RESOURCES The Resources Agency
FISCAL SERVICES ~REEMENT
1. This Agreement is entered into thio date between the
., hereafter referred to as Depositor, and
,. hereafter referred to as Fiscal Agent. The purpose
this Agreement is to assist Depositor in meeting the repayment provision of the Safe Drinking Water
State Revolving Fund Loan Contract number between Depositor
and the State of California, Department of Water Resources, hereafter referred to as Department. Said
Loan Contract requires the Depositor to engage the services of a F~scal Agent to assist in accumulating
funds sufficient to repay principal and interest to the Department.
IMPORTANT NOTICE TO FISCAL AGENT
This constitutes written notice pursuant to Commercial Code Section 9302(1)(g}(ii) that
the Department has a security interest in the deposit account which is the subject of this
Agreement. Depositor has granted the security interest to the Department to secure
pedormance of the obligations imposed by the Loan Contract between Depositor and
the Department.
2. FISCAL AGENT aqrees to act as Trustee for loan repayment funds deposited and perform services ~ind
is authorized by Depositor to act as tollows:
A, Upon opening the account, promptly send a copy of the signature card to the Department and
thereafter send a year-end statement of the account balance until the loan is repaid in full to:
Department of Water Resources
Safe Drinking Water Office, Room 804
Post Office Box 942836
Sacramento, California 94236-0001
This signature card is to show Fiscal Agent authorization only for withdrawal.
B, Receive (specify monthly, quarterly, etc.) remittances from Depositor as
specified in paragraph 3B. below into an account established for purposes of this Agreement only.
C. Assist and advise Depositor to take into consideration rates of return on funds deposited into the
account in determining reserve deposits required by the Loan Contract and paragraph 3A. below.
D. Debit this account and transmit loan principal and/or interest payments to the Department in
accordance with the Terms of the Loan Contract summarized below (provided sufficient funds are in
the account): .
Principal (estimate) $
Interest Rate
Loan Repayment Term
First Semi-annual P&I Due Date
interest Payments During Construction Variable
Semi-annual E&l Payments (estimate)
Reserve Fund (estimate)
These terms and conditions may be subject te amendment as provided in the Loan Contract.
E. Promptly notify the Department of any 30-day delinquency of remittances from Depositor. Notice
shall be directed to the address stated above in number 2.
F. Promptly notify the Department if Reserve Fund provided for in paragraph 3A. falls below or iR ncr
accumulating sufficiently to meet the required minimum at the time indicated.
G. Release no funds from Depositor's account except as provided in sur~paragraph 2D, above without
written consent of the Department. Signature authority for withdrawal of funds shall remain with the
Fiscal Agent, not the Depositor,
H. Upon request of the Department or Depositor, provide the Department with a full statement of
Deposito,~'s account and a copy of the signature card.
3, DEPOSfTOR aqrees to perform as follows:
A. RESERVE FUND
1. Accumulate a Reserve Fund of semiannual payments in the amount specified
above in subparagraph 2D. to meet the conditions of Article of the Loan
Contract. Said Article requires accumulation of a Reserve Fund of semi-annual
loan payments during the first ten years of the repayment period. At least half of the required
Reserve Fund must be on deposit by the time the first 10 semi-annual payments are made.
Once accumulated, the Reserve Fund must be maintained at that level until the loan is repaid in
full. During the last year of the contract, all Reserve Funds must be applied to the loan
payment.
DV~R 4280 (Rev. 4J00) Page O~e
2. Deposit an average of $_ per
(frequency) beginning __ (date) into an accou,_ ~tablish~d with
the Fiscal Agent for purpo~ of this Agreement, in amounts necessary to mee~'~he Reserve
Fund requirement.
Depositor maY maintain the Reserve Fund n a separate, higher yield account(s) subject to the
same withdrawal conditions as other funds on deposit under this Agreement.
~ 3. The Reserv~ Fund may be established in lump sum at the DePOsitor's option. If electing this
option, Depositor will make a deposit of $ with the Fiscal Agent by
.(date). Terms of such deposit account are as follows:__
B. PRINCIPALAND iNTEREST
1. Deposit an average of $ per (frequency)
beginning .(date) in order to meet the semi-annual principal and/or interest
payments due to the Department under the Loan Contract. This amount may be adjusted to
reflect changes in terms of the Loan Contrac~ agreed to by the parties thereto,
2. Compensate Fiscal Agent for services as follows:
3. Promptly furnish Fiscal Agent with copies of any amendments to the Loan Contract, especially
any changes In repay~nent terms, principal amount, or interest rate.
4. This Agreement shall terminate when the loan and interest are repaid to the Department in full or upon
90 days written notice of termination by either party transmitted to the other party. Fiscal Agent and
Depositor shall notify the Department immediately upon receipt of issuance of 90-day notice of
termination. At the time of termination any remaining balance not owed to the Department pursuant to
the Loan Contract, less any accrued service charges, shall be returned to the Depositor.
5. This Agreement shall not be amended without written approval of the Department.
6. The special Account(s) established for purposes of this Agreement is/are identified as follows: __
7. In pedormmg ~ts services hereunder, the Fiscal Agent shall incur no liability to the Department for the
funds deposited hereunder or the amount of any payment to be made b~ Depositor to the Department
provided the actions of the Fiscal Agent are. taken in good faith.
Depositor Fiscal Agent
Mailing Address Mailing Address
City State Zip Code City State Zip C~de
Phone No.{ ) Phone No.( )
By By.
Signature Signature
Pdnt Name Print Name
Title Title
Approved:
STATE OF CALiFORNiA
DEPARTMENT OF WATER RESOURCES
By
Signature
Title Chief
Safs Drinkinq Water Office
Date
DWR 4280 (Rev. 4/(30) Page Two
Construction Loan/Grant
Contract No. SRF9_C_
STATE OF CALIFORNIA
THE RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
'4lA
~, RESOURCES
ID
NAME)
, ~ROJECT NUMBER
FOR A CONSTRUCTION LOAN AND GRANT UNDER THE
SAFE DRINKING WATER STATE REVOLVING FUND LAW OF 1997
12/03/Ol
TABLE OF CONTENTS
Section Paste
1. Purpose of Funding ................................................................................................ 1
2. Incorporation of Other Documents ......................................................................... 2
3. Project Cost ............................................................................................................ 2
4. Loan Amount .......................................................................................................... 2
5. Grant Amount ................................ 3
6. Supplier's Cost ............ 3
7. Competitive Biddin9 3
8. Requirements for Disbursement .... ~. .............. 3
9. Special Requirements 3
10. Rate of Interest 4
11. Operation and Mainter 4
12. Fiscal Services 4
13. Pro an%d, 5
14. 6
15. Miscel neous F ....................................................................................... 6
EXHIBIT A
CONTRACT STANDARD CONDITIONS
Article Page
A- 1. Definitions ............................................................................................................... 9
A-2. Term of Contract .................................................................................................... 10
A- 3. Basic Conditions Precedent ................................................................................... 10
12/03/Ol
TABLE OF CONTENTS (continued)
Article Paqe
A- 4. Compliance with Laws, Regulations, and Permit Requirements ............................ 11
A- 5. Project Changes ..................................................................................................... 11
A- 6. Disbursements by State ......................................................................................... 11
(a) Claims .............................................................................................................. 11
(b) Disbursement ................................................................................................... 12
(c) Rejection of Claims .......................................................................................... 12
(d) Correction of Claims 12
(e) Adjustments to Claims ...................................... 12
(f) Final Claim and Disbursement ................................................ 13
(g) Force Account ................... 13
A- 7. Withholding of Loan and Grant Disbursements by State a
of Contract ........................................... 13
(a) Conditions for Withholding 13
(b) Withholding Entire Loan and Grant Amo 14
(c) Withholding Balance of Loan and Gl 14
A- 8. Timing of Project ..................... 14
A- 9. Supplier's Contracts... 14
A-10. Audit and Insl ~ and 15
A-11. of 15
(a~
~tto Supplier ............................................................ 16
A-12. Repa Amount of Loan and Interest ............................................ 16
(a) 16
(b) Payment Option ................................................................................ 16
A-13. Payment Delinquency ............................................................................................. 17
A-14. Accounting and Deposit of Loan and Grant Disbursements ................................... 17
(a) Separate Accounting of Loan and Grant Disbursements and .........................
Interest; Records ......................................................................................... 17
(b) Disposition of Funds Disbursed ....................................................................... 17
(c) Interim and Final Audits ................................................................................... 17
ii
12/03/01
TABLE OF CONTENTS (continued)
Article Page
A-15. Inspections of Project by State ............................................................................... 18
A-16. Prohibition Against Disposal of Project Without State Permission ......................... 18
A-17. Nondiscrimination Clause ....................................................................................... 18
A-18. Workers' Compensation Clause ............................................................................. 19
A-19. Successors and Assigns ............... 20
A-20. State to be Held Harmless ....................................................................... 20
A-21. Remedies Not Exclusive 20
A-22. Amendments, 20
A-23. Waiver of Rights 20
A-24. Dispute Clause .............................. 20
A-25. Performance and 21
A-26. Default Provisions. 21
A-27. Dru~ 22
A-28. State Employees ...................................... 23
J Employees ............................................................ 23
(b) Employees ............................................................. 24
A-29. 24
A-30. Prohibited Use of State Funds for Software ........................................................... 24
A-31, Lobbying Disclosure ............................................................................................... 24
iii
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TABLE OF CONTENTS (continued
EXHIBIT B
LOAN CONTRACT SECURITY REQUIREMENTS
Article P a_E.8.g~
B- 1. No Priority for Additional Loans .............................................................................. 26
B- 2. Rates and Charges ................................................................................................. 26
B- 3. Security Interest .............. 26
B- 4. Reserve Fund 26
B-5. Legal Obligation 26
EXHIBIT C
SPECIAL REQUIf
Article page
C- 1. Special Provisions .................................... 27
iv
12/03/01
STATE OF CALIFORNIA
THE RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
FUNDING AGREEMENT
BETWEEN
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
AND
(EN~TY NAME)
UNDER THE SAFE DRINKING WATER 'E OF 1997'
THIS AGR] ~nd between the State of
California Depa and on behalf of the State of
California Depa referred to as the "State", and
., a public agency, in the
Count' State of California, duly organized, existing,
and actin 'eof, herein referred to as the "Supplier", which
parties do
SECTION 1. OF FUNDING
This Agreement constitutes funding in the form of a loan and a grant made by
the State to the Supplier under the provisions of California Safe Drinking Water State
Revolving Fund Law of 1997, Part 12, Division 104 of Chapter 4.5 of Health and Safety
Code (Section 116760 and following). The purpose of the funding is to assist in
financing construction of a project which will enable the Supplier to meet safe drinking
water standards established pursuant to Chapter 4 (commencing with Section 116270)
of Part 12, of Division 104, of the Health and Safety Code and California Code of
Regulations, Title 22, herein referred to as the "Project". Funds may be used only for
such eligible project costs as are approved by the State Department of Health Services.
1
12/03/01
This Agreement also constitutes a promissory note for Supplier's repayment of
the loan amount of the funding to the State.
Supplier is solely responsible for the design, construction, operation and
maintenance of the Project; and for all persons or entities engaged in such work,
including but not limited to subcontractors, suppliers, and providers of services. Review
or approval of plans, specifications, bid documents or other construction documents by
the State is solely for the purpose of proper administration of the funds by the State and
shall not be deemed to relieve or restrict the Supplier's responsibility.
SECTION 2. INCORPORATION OF OTHER' DOCUMENTS
This Agreement incorporates by this reference Exhibit A, "Contract Stare
Conditions" herein referred to as "Standard Conditions", Exhibit B, "Contract S
Requirements" herein referred to as "Security Requirements", Exhibit C,
Requirements", the Supplier's "Application For Construction Funds",
specifications as submitted to and approved by the State Depart
Services, and any attachments thereto.
The Supplier accepts and agrees to compll th conditions,
and commitments of this Agreement including ;nts and exhibits
thereto, and to fulfill all assurances,
made by the Supplier in its application, ~ndrr communications
filed in support of its request for Fund financing,
including but not limited to a~ to and
approved by the State De
SECTION 3.
Su t of the Project is estimated to be
$o rees that $. is eligible for Safe Drinking
financing.
SECTION 4.
Pursuant to the Safe Drinking Water State Revolving Fund Law of 1997, its
applicable rules and regulations, and subject to the availability of funds, the State will
Iend to the Supplier in accordance with the terms of this Agreement an amount not to
exceed $
For valuable consideration, Supplier agrees to pay the State of California the
entire principal amount of the loan disbursed under the terms and conditions of this
Agreement together with interest, delinquent interest and other fees and costs due
thereon in accordance with terms and conditions of this Agreement. Supplier's promise
to pay as set forth in this paragraph, shall survive termination of this Agreement for any
reason including but not limited to operation of law.
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12/03/01
SECTION 5. GRANT AMOUNT
Subject to the availability of funds and in accordance with the terms of this
Agreement, the State will provide grant funding to the Supplier in an amount not to
exceed $
SECTION 6. SUPPLIER'S COST
The Supplier agrees to fund any project cost which is in excess of the total loan
and grant amounts set forth in Sections 4 and 5 of this Agreement. The Supplier's Cost
for this Project is estimated to be $ , herein referred to as the "Su
Cost". Unless otherwise set forth in Exhibit C to this Agreement, "Special
Requirements", such Supplier's Cost shall be expended prior to the expenditur
State loan funds unless such Supplier's Cost is funded by other State or F
Agencies, in which case funds shall be drawn on a pro-rata basis.
SECTION 7. COMPETITIVE BIDDING
All construction contracts related in any way the by
competitive bid procedures which assure lowest
responsible bidders. Supplier does not need a initiate the
bidding process other than having plans and s ~ns the State
Department of Health Services. ~icable state, or local
ordinance for competitive bid(
A Supplier shall y of bids and selected bidder, is
submitted to an( , Department of Health Services. A
full explan~ proposing to award a bid to anyone
other tha~
SECTION ~ tENTS FOR DISBURSEMENT
Supplier shall satisfy all conditions precedent to the
dish Agreement, including Basic Conditions Precedent as
set forth in Article A-3 of the Standard Conditions, and the requirements for a Fiscal
Agent as set forth in Section 12, and certification of disclosure requirements of the
Lobbying Disclosure Act as set forth in Article A-31. Failure by Supplier to satisfy said
conditions and requirements by this date may, at the option of the State, result in
cancellation of this Agreement under Article A-7 of the Standard Conditions.
SECTION 9. SPECIAL REQUIREMENTS
Supplier shall satisfy the special requirements set forth in Exhibit C. Failure by
Supplier to satisfy timely the special requirements may, at the option of the State, result
3
12/03/01
in cancellation of this Agreement under Article A-7 of the Standard Conditions, or
declaration that the Supplier is in default pursuant to Article A-26.
SECTION 10. RATE OF INTEREST
The rate of interest to be paid by the Supplier on all loan amounts disbursed
under this Agreement shall be __ percent per annum of the unpaid balance of the
loan. Interest on any loan funds disbursed to the Supplier shall begin to accrue as of
the date of each disbursement.
SECTION 11. OPERATION AND MAINTENANCE OF PROJECT
Upon completion, and for a period of__ years, which is the reasonably
expected life of the Project, the Supplier shall, as further consideration of this
commence and continue operation of the Project; shall cause the Project
operated in an efficient and economical manner; shall provide for the
repairs, renewals, and replacements necessary for the efficient
and shall cause the Project to be maintained in as good and ition as
its construction, ordinary and reasonable wear and de Failure
the Supplier to operate and maintain the Project in provision may,
at the option of the State, be considered a be
treated as a default under Article A-26 of Exhib
SECTION 12. FISCAL
The Supplier shall reement (DWR form 4280) with a
Fiscal Agent. A Fiscal retain, principal amount of the loan and
interest, have
account with the Fiscal Agent into which
for servicing the loan as provided in Article B-4 of
the Funds from this account shall be used only for payment of
principal ntere.~ the loan when due, or any delinquencies thereon, until the
loan is repaid i
Once the State approves a Fiscal Services Agreement, the Supplier shall not
amend said Fiscat Services Agreement, close the special account, or retain a new
Fiscal Agent without ninety (90) days prior written notice to the State and receipt of prior
written approval of a new or amended Fiscal Services Agreement by the State.
A City or County may employ the services of its controller or treasurer as Fiscal
Agent. Any other public agency may employ the services of its County controller or
treasurer as Fiscal Agent.
4
12/03/01
The State shall have no obligation to disburse funds until the Fiscal Agent has
been engaged and the Agreement between the Supplier and the Fiscal Agent has been
approved by the State.
SECTION 13. PROJECT OFFICIALS AND NQTICES
The State Contract Manager shall be the Chief, Division of Fiscal Services of the
Department of Water Resources.
The State Contract Manager shall be the State's representative for
administration of this Agreement, and shall have authority to make recommendations
and findings with respect to each controversy arising under or in connection with this
Agreement, including but not limited to, the interpretation, performance, or paymel
work performed under this Agreement. All such recommendations and findin
communicated to the Chief, Division of Drinking Water and Environmenta
of the Department of Health Services, and disputes shall be resolved
with Article A-24 of Exhibit A.
The Supplier's Contract Manager shall be
Supplier's Contract Manager shall be the Supplier'~ ~resen ministration of
this Agreement. All communications given to all be deemed
given to the Supplier and shall be binding on
Either notice to the other
party.
Notices required pplier under this Agreement
shall be sent to
of California
partment of Water Resources
Safe Drinking Water Office, Room 804
Attention: Program Manager
Post Office Box 942836
Sacramento, CA 94236-0001
Notices required to be given in writing by the State under this Agreement shall be
sent to:
5
12/0 3/01
A change of address for delivery of notice may be.made by either party by
written notice of such change of address to the other party.
All written notices that are required either expressly or by implications to be given
by one party to the other under this Agreement shall be signed for the State by its
Contract Manager and for the Supplier by its Contract Manager. Except as otherwise
expressly required by this Agreement, all such notices shall be deemed to have been
given if delivered personally or if enclosed in a properly addressed postage-prepaid
envelope and deposited in a United States Post Office for delivery by registered or
certified mail.
SECTION 14. ENFORCEMENT
Any enforcement action, arising out of or relating to this Agreement, ini
the State, may be initiated by Department of Health Services or Departm~
Resources, or their authorized representatives.
SECTION 15. MISCELLANEOUS PROVISIONS
ATTORNEY FEES
In the event either party commences an ncerning the
subject matter of this Agreement, the prevailin roceeding shall
be entitled to recover reasonable attorne,
YEAR 2000 CON
The Supplier repre., lerformance in processing of
date and date-related g, comparing, and
seq products delivered and used under
this Agreer upon installation. Fault-free includes
the mani )riot to, through and beyond January 1,2000,
and ~r.
SEVE
If am Agreement is held invalid or unenforceable by any court of
final jurisdiction is the intent of the parties that all other provisions of this Agreement
be construed to remain fully valid, enforceable, and binding on the parties.
GOVERNING LAW
This Agreement is governed by and shall be interpreted in accordance with the
laws of the State of California.
CHILD SUPPORT COMPLIANCE ACT
For any Agreement in excess of $100,000 the Supplier and its contractor(s) shall
acknowledge in accordance therewith, that:
la) The Supplier and contractor(s) recognize the importance of child and
6
12/03/01
family support obligations and shall fully comply with all applicable State and Federal
Laws relating to child and family support enforcement, including, but not limited to,
disclosure of information and compliance with earnings assignment orders, as provided
in Chapter 8 (commencing with Section 5200) part 5 of Division 9 of the Family Code;
and
(b) The Supplier and contractor(s), to the best of their knowledge, are fully
complying with the earnings assignment orders of all employees and are providing the
names of all new employees to the New Hire Registry maintained'by the California
Employment Development Department.
LEGAL CAPACITY
Supplier hereby warrants and represents that it is a legal entity in good start,
and that it has the authority to enter into this Agreement and to i
described herein.
The Supplier shall notify the State as promptly as feasible
change in the Supplier's ownership, organization, legal form
IN WITNESS WHEREOF, the parties Agreement on
Approved as to Legal Form
and Sufficiency: ~",) OF WATER RESOURCES
By. By
Chief ~ Chief
De Division of Fiscal Services
P. O. Box 942836
Sacramento, CA 94236-0001
Supplier
By.
Signature
Print Name
Title
7
12/O3/O 1
Address
8
12/03/01
EXHIBIT A
STATE OF CALIFORNIA
THE RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
CONTRACT STANDARD CONDITIONS
ARTICLEA-I. DEFINITIONS
Whenever in this Contract the following terms are used, their mean
as follows unless the context cleady requires otherwise:
Agreement or Contract-The Funding Agreement to wi
Conditions is appended.
Days-Calendar days unless otherwise
Month--Calendar months unless otherw ssly
Year-Calendar year
Cross-cuttinq and Executive Orders that apply
in federal financ ects and activities receiving federal
authorizing the assistance makes
them a ~ referred to as "cross-cutters".
Elic project costs which are eligible for funding under
applicable and law.
savings and loan, or any other financial institution or entity
approved by the State, to which funds for the repayment of the loan are deposited, for
the purpose of disbursing repayments of the loan to the State according to the
repayment, schedule referred to in Article A-12 of this Exhibit A.
Force Account-Means use of the Supplier's own employees or equipment, for
planning, preliminary engineering, design, construction or construction related activities
on the Project.
Principal Amount of the Loan-The total amount disbursed to the Supplier under
the Contract less any grant amount disbursed and any amount of such total amount
disbursed that may have been repaid or remitted to the State by the Supplier.
9
12/03/01
Public Water System or Public Water Supply System--A system for the provision
to the public of water for human consumption, as defined in Chapter 4 (commencing
with Section 116270), of the Health and Safety Code, as it may be amended.
Repayment Term--The period of time between the Project Completion Date and
the date the principal amount of the loan is repaid in full. The repayment term of this
loan is specified in Article A-12.
ARTICLE A-2. TERM OF CONTRACT
Subject to the provisions of Article A-7, this Contract shall become effective on
the date of its execution and shall remain in effect until the principal amount of the
all interest thereon, and any other sums of money due to the State under this
have been paid in full or until the expiration of the period of time required
and maintenance of the Project, as set forth in Section 11 of this Con
shall occur last.
ARTICLEA-3. BASIC CONDITIONS PRECEDENT
The State shall have no obligation to ;ontract unless
and until:
(a) The Supplier has provl~ dc
taken by its governing body ~ ) enter into this
Contract, and designating, this Contract and to sign a claim
for disbursement of funds.
(b) showing that it
has of the principal amount of the loan
plus
(c) ~ satisfied the security provisions of Article B-3 of
Exhibit B.
(d) The Supplier has established a separate account entitled "Safe Drinking
WaterState Revolving Fund Account" for deposit of funds disbursed as provided in
ArticleA-14. The Supplier shall inform the State of said fund account number.
(e) The Supplier has engaged the services of a Fiscal Agent by executing a
Fiscal Services Agreement (DWR form 4280) and Security Agreement (DWR form
4279).
(f) The Supplier has submitted an initial budget of eligible project costs approved
by the State Department of Health Services on a form provided by the Department of
Water Resources.
10
12/03/01
(g) The Supplier has provided the certification and disclosure for compliance with
the Lobbying Disclosure Act pursuant to Article A-31 of Exhibit A of this Contract.
ARTICLE A~4. COMPLIANCE WITH LAWS, REGULATIONS, AND PERMIT
REQUIREMENTS
The Supplier shall at all times comply with, and require its contractors or
subcontractors to comply with, all applicable federal and state laws, rules and
regulations, permits, and all applicable local ordinances, specifically including, but not
limited to, environmental, procurement and safety laws, rules, regulations, permits, and
ordinances.
ARTICLEA-5. PROJECT CHANGES
The Project shall be constructed in accordance with the plans and:
as approved by the State on . The applicant shall not ma
the Project, or issue any change orders to a contractor,
approval from the State.
Supplier may request a one-time increase ~r~e total in this
Contract. Such request shall be based upon Action bids and
shall be submitted to the State within sixty (60) final
construction bid. Such request may be grante( at of the
~ State.
The Supplier shall ,, ~roposed changes to the
Project budget including of funds between line item
allotments. The roval of such proposed changes from
the State the pted.
funds from any contingency allotment without
receiving p from the State.
ARTI
(a) Claims
Supplier shall request disbursement by submitting to the State a claim(s) for
incurred eligible project costs. A claim for funds shall be submitted no more than once
a month and the Supplier shall provide the following information:
(1) A statement of the incurred eligible project costs for work
performed in constructing the Project during the period identified in the particular claim;
(2) A claim for incurred eligible project costs that have been incurred for
11
12/03/01
the Project during the period identified in the particular claim, including, but not limited
to, legal, engineering, and administrative fees associated with the Project;
(3) Said information shall be provided on forms provided by the State.
(b) Disbursement
Following the review and approval of a claim by the State, the State will disburse
to the Supplier an approved amount, subject to the availability of funds. Any and all
funds disbursed to the Supplier under this Contract, and any and all interest earned by
the Supplier on such funds, shall be used solely to pay eligible project costs. The total
loan amount set forth in Section 4 shall be disbursed before any grant funds are
disbursed.
(c) Reiection of Claims
A claim may be rejected by the State if:
(1) It is submitted without signature;
(2) It is submitted under signature of; Supplier's
duly authorized representative;
(3) Supplier fails to time ~al time period specified
in Article A-6(f).
The State will rejected, and the reasons
therefore.
A cia nathematical error will be corrected by the State, after
telephone nc .~ Supplier, and will thereafter be treated as if submitted in
the corrected The State will confirm correction of the error, to the Supplier, in
writing.
(e) Adiustments to Claims
If, upon review of a claim, the State determines that any portion or portions of
the costs claimed:
(1) Are ineligible to be financed by the Safe Drinking Water State
Revolving Fund under Federal or State law, or the terms of this Contract, or
(2) Do not constitute costs associated with the Project as approved by
12
12/03/01
the Department of Health Services for financing with the proceeds of the subject loan,
under the terms of this Contract;
then the State will notify the Supplier of its determination by certified or
registered mail. The Supplier shall, within thirty (30) days of the date of receipt of such
notice, submit additional documentation or evidence to the State substantiating the
eligibility or approval of such costs. The State will adjust the pending claim by the
amount of the ineligible or unapproved cost unless and until such time as the Supplier
timely submits additional documentation or evidence to cause the State to reverse its
determination with respect to any such costs. The Supplier may resubmit any costs
subsequently approved on a succeeding claim.
(f) Final Claim and Disbursement
Not later than six (6) months from the Project Completion Date, as
Article A-8 of this Contract, the Supplier shall furnish a final claim.
the Supplier shall provide a statement of full written disclosure
amounts of funds contributed to the Project, and a certificati~ ~lier's
Contract Manager that the data disclosed is true and ~lso
provide proof of a Recorded Notice of Completion.Applier /ised of its
obligation to submit, with the final claim, a [y Release"
acknowledging submission of the final approximate
percentage amount, if any of recycled materials the ;e of this
Contract, (DHS form 2352), a col: Attachment 1, and
incorporated herein by this for and in place of
"Contractor" on the face
Commen, cipal and interest pursuant to Article
A-12,
Costs or construction related activities, is performed with force
account, are project costs; and claims that include any such costs will be
adjusted a gly. Supplier may use its own employees for engineering including
development of plans and specifications, legal, and administrative costs, as provided
for in Supplier's budget of eligible project costs.
If the Supplier is using the services of its own employees, the Supplier shall
establish accounts and maintain records which reasonably document all employee
hours and costs charged to the Project and the associated tasks performed by each
employee.
ARTICLE A-7. WITHHOLDING OF LOAN AND GRANT DISBURSEMENTS BY
STATE AND CANCELLATION OF CONTRACT
13
12/03101
(a) Conditions for Withholdinq
If the State determines that the Project is not being carried out substantially in
accordance with the provisions of this Contract, or if the State determines that the
Supplier has failed in any other respect to comply with the provisions of this Contract,
and if the Supplier does not remedy any such failure to the State's satisfaction, the
State may withhold from the Supplier all or any portion of the loan and/or grant amounts
and take any other action that it deems necessary to protect its interests, including but
not limited to declaring Supplier in default as set forth in Article A-26, or canceling this
Contract pursuant to paragraph (b) of this Article A-7.
(b) Withholdinq Entire Loan and Grant Amounts
If the State determines to withhold the entire loan and grant amounts
Supplier pursuant to Subdivision (a) of this Article A-7, notice of such a d~
shall constitute a notice of cancellation of this Contract, and this
longer be binding on any party hereto. Said
Supplier by certified or registered mail, and shall be effective
(c) Withholdinq Balance of Loan and
Where a portion of the loan and/or grant ~ursed to the
Supplier and the State notifies the Supplier in istered mail,
~' that it has decided to withhold the lmounts from the
· Supplier, pursuant to SubdivL~ all amounts that have
been disbursed to Su shal~ thereafter be repaid
forthwith to the State with Refusal of the Supplier to
so repay may, ;idered a material breach of contract
and may b~ A-26.
CT
The $ ~rtify to the State that the Project is complete and ready for
final inspectio~~partment of Health Services will conduct a final inspection and
certify that'the~ject is complete prior to the facility being placed into operation. The
date of such certification shall be the Project Completion Date for purposes of this
Contract.
Supplier agrees to proceed expeditiously, and shall meet a Project Completion
Date of not later than . Said date may be extended only upon written
approval of the State and to the extent provided by applicable law. Supplier's failure to
meet said Project Completion Date may, at the option of the State, be considered a
material breach of contract and may be treated as a default under
Article A-26.
ARTICLE A-9. SUPPLIER'S CONTRACTS
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12/03/01
Supplier shall be solely responsible for resolution of any and all disputes arising
out of or related to Supplier's contracts for construction of the Project, including but not
limited to bid disputes and payment disputes with Supplier's contractors and sub-
contractors and shall provide appropriate releases (as set forth in California Civil Code
Title 15) as may be requested by the State.
ARTICLE A-10. AUDIT AND INSPECTION OF BOOKS AND RECORDS
Pursuant to Government Code Section 8546.7 the contracting parties shall be
subject to the examination and audit of the State or any agent thereof, and the State
Auditor. Parties are also subject to examination and audit of the U.S. Environmental
Protection Agency, the Comptroller General of the United States, and Office of the
Inspector General, for a period of three (3) years after final payment under thi.~
with respect to all matters connected with the performance of this
but not limited to, the cost of administering this Contract. If any
negotiations, audit or other action is commenced before the
year period, all records must be retained until such action is ntil the
said three (3) year period whichever shall later occur. All )lier an
subcontractors shall be preserved for this purpose ! .~ars after final
repayment of the loan.
During regular office hours, each of the y authorized
representatives shall have the rig y books,
records, or reports of either related hereto.
Each of the ~arties hereto available at all times for such
inspection costs, ents, and receipts with respect to
its activities und, al by Supplier to comply with this
provision ply with this Contract, and the
State ma ~ult as set forth in Article A-26, withhold
disl ny other action it deems necessary to protect its
interests.
AR'~ OF PRINCIPAL AMOUNT OF LOAN
(a) Remittance of Unexpended Funds
The Supplier agrees that, within a period of thirty (30) days from the final
disbursement of funds from the State, the Supplier shall remit to the State any
unexpended funds that were disbursed to the Supplier under this Contract and were not
needed to pay project costs incurred.
Unexpended funds remitted to the State under this subdivision shall not be
considered to be a repayment of any part of the loan, but shall be deemed to be a
return to the State of part of the funds disbursed and will be considered to be grant
funds and will not reduce the amount loaned to the Supplier pursuant to this Contract
15
12/03/01
except to the extent the funds returned exceed the total grant amount disbursed to the
Supplier.
(b) Transmission of Statement to Supplier
Within sixty (60) days after the final disbursement of funds, the State shall
transmit to the Supplier a written statement setting forth the principal amount of the
loan.
ARTICLE A-12. REPAYMENT OF PRINCIPAL AMOUNT OF LOAN AND INTEREST
(a) Repayment Terms
The Supplier shall make semiannual payments to the State until the p~
amount of the loan is repaid in full. The State will invoice the Supplier ser ~r
principal and any interest payments. Such invoices will include a stat
outstanding principal amount of the loan, the amount of the
principal to be paid, and the amount of the payment which rest if a~
be paid. Supplier shall make level semiannual payments
semiannual payment loan amortization method to determi The
standard amortization method shall incor incipal as
determined by Article A-11, the loan re the loan rate
of interest, as specified in Section 10 of this Col
Loan principal and ~yable within thirty (30)
days from the date of the payments shall commence no
later than one (1) ~te. All such payments shall be
made on a semi 1 of each year. The first
semiannual this loan is projected to be . The
remainin thereafter until the principal amount of
the loan payment shall be in an amount equal to
the then ur 9 principal amount of the loan, plus any remaining unpaid
accrued inter Inter ~)n the principal shall not be deferred.
Unless e payment is required by the terms of this Contract, the entire
amount of the loan, principal, interest, delinquent interest, and any other charges or
fees shall be due and payable __ years from the Project Completion Date, as set forth
in Article A-8.
(b) Advance Payment Option
Supplier may make advance payment against principal without penalty, provided
that any such advance payment must be paid on a regularly scheduled semiannual
payment date and any such payments shall be applied first to interest then owing and
then to principal, and provided further, that any such payment shall not relieve the
16
12/03/01
Supplier of its obligations to make payments in the amount and at the time specified in
Subdivision (a) of this Article A-12 until the principal amount of the loan is repaid in full.
ARTICLE A-13. PAYMENT DELINQUENCY
Any payment of principal and/or interest required to be paid by the Supplier to
the State pursuant to this Contract which remains unpaid after it becomes due and
payable shall be delinquent. Delinquent interest charges shall be in addition to any
other charges or payments owing the State from Supplier and shall accrue at the rate of
one tenth of one percent (.1%) per day, on the amount of such delinquent payment, for
each day it remains unpaid past the tenth (10th) day after the date payment was due.
Any such delinquent interest assessed will not be added to the loan balance but will be
treated as a separate account and obligation of the Supplier. Delinquent interest s
accrue on the total payment amount from the due date of payment through th
payment is made. Any payment by Supplier under terms of this Contract i~
have been made when it is received by the State. ~
ARTICLE A-14. ACCOUNTING AND DEPOSIT OF LOAN
DISBURSEMENTS
(a) Separate Accountinq of Loan and G Interest;
Records
~ The Supplier shall account ~isb to this
separately from ~g
procedures that are in epted Accounting Principles. The
Supplier shall keep corn all receipts, disbursements, and
interest earned nvoices must be maintained for a
period of at ~rds must be maintained for the term of
the loan.
Th, uire its agents, contractors and subcontractors to
maintain bce nd other documents pertinent to their work in accordance
with Generall Accounting Principles. Records are subject to inspection by
the State at any ~nd all reasonable times.
(b) Disposition of Funds Disbursed
In addition to specific requirements set forth in this Contract, all funds disbursed
pursuant to this Contract shall be deposited, administered, and accounted for pursuant
to all provisions of Iaw applicable to the Supplier.
(c) Interim and Final Audits
The State reserves the right to conduct an audit at any time between the
execution of this Contract and the completien of the Project. After completion of the
17
12/03/01
Project, the State may require the Supplier to conduct a final audit, at the Supplier's
expense, such audit to be conducted by and a report prepared by an independent
Certified Public Accountant.
Failure or refusal by Supplier to comply with these provisions shall be considered
a substantial failure to comply with this Contract, and the State may elect to pursue any
remedies included but not limited to those provided in
Article A-7.
ARTICLE A-15. INSPECTIONS OF PROJECT BY STATE
The State shall have the right but not the duty to inspect the work being
performed on the Project at any and all reasonable times during the term of this
Contract. This right shall extend to any subcontracts, and Supplier shall
provisions ensuring such access in all its contracts or subcontracts
Project.
ARTICLE A-16. PROHIBITION AGAINST DISPOSAL OF HOUT
STATE PERMISSION
During the term of this Contract:
~ (a) The Supplier shall not sell abandon
mortgage, hypothecate, or encum or any portion of
any real or other pro ~junction with the Project,
or with the Supplier's prior written consent of the
State. The State may )nsent, that Supplier's proceeds
from any such perty be transferred to the State to
be applied
~y action, including but not limited to actions
relating to and assessments, that could adversely affect the ability of
the Supplier I payments or to otherwise meet its obligations under this
Contract, with~ consent of the State.
ARTICLE A-17. NONDISCRIMINATION CLAUSE
During the performance of this Contract, the Supplier, its contractors and
subcontractors, shall not deny the contract's benefits to any person on the basis of
religion, color, ethnic group identification, sex, age, physical or mental disability, nor
shall they discriminate unlawfully against any employee or applicant for employment
because of race, religion, color, national origin, ancestry, physical handicap, mental
disability, medical condition, marital status, age, or sex. Supplier, its contractors and
subcontractors shall ensure that the evaluation and treatment of employees and
applicants for employment are free of such discrimination.
18
12/0 3/01
Supplier, its contractors and subcontractors shall comply with the provisions of
the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the
regulations promulgated thereunder (California Code of Regulations, Title 2, Section
7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the
Government Code (Government Code, Sections 11135-11139.5) and the regulations or
standards adopted by the awarding State Agency to implement such article.
By signing this Contract, Supplier assures the State that it shall comply with
the requirements of the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C.
12101 et seq.), which prohibits discrimination on the basis of disability, as well as all
applicable regulations and guidelines issued pursuant to the ADA; the Civil Rights Act
of 1964, as amended, 42 U.S.C. 2000d (1988) et seq.; Section 504 of the Rehabilitatiol
Act of 1973, as amended, 29 U.S.C. 794 (1989); Federal Water Pollution Control
Amendments of 1972, Pub.b No. 92-500, 86 Stat 816; and the Age Discrimin~
of 1975, as amended, 42 U.S.C. 6102 (1994); together with all applicable
and guidelines adopted to implement same. Said group of laws and
collectively referred to in this Contract as the "anti-discrimination I
Supplier agrees to collect and maintain information with
"anti-discrimination laws" including a list of discrimin ~rts of any
compliance reviews conducted by other agenci
discrimination-based lawsuits and data on the sex and
handicap characteristics of the population it
Supplier agrees to coo y to permit State
to adequately report to Agency on
Supplier's compliance scrimi
Sup give written notice of their
obli~ anizations with which they have a collective
bar
The S~ on this Contract shall constitute a certification under the
penalty of the laws of the State of California that the Supplier has, unless
exempted, led with the nondiscrimination program requirements of Government
Code, Section 12990, and Title 2, California Code of Regulations, Section 8103.
Supplier shall include the nondiscrimination and compliance provisions of this
Article A-17 in all contracts and subcontracts to perform work on the Project.
ARTICLE A-18. WORKERS' COMPE'NSATION CLAUSE
Supplier affirms that it is aware of the provisions of Section 3700 of the California
Labor Code, which requires every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the provisions of that
code, and Supplier affirms that it will comply with such provisions before commencing
19
12/03/01
the performance of the work under this Contract and will make its contractors and
subcontractors aware of this provision.
ARTICLE A-19. SUCCESSORS AND ASSIGNS
This Contract and all of its provisions shall inure to the benefit of, apply to, and
bind the heirs, successors and assigns of the parties hereto. No assignment or transfer
of this Contract or any part hereof by Supplier shall be valid unless and until it is
approved by the State and made subject to such reasonable terms and conditions as
the State may impose.
ARTICLE A-20. STATE TO BE HELD HARMLESS
Supplier shall indemnify, hold harmless, protect and defend State and
officers, employees, agents and representatives from loss, suits, actions
brought for, or on account of violation of laws, ordinances, rules, or
injury, damage, or loss, including death, caused by acts or
employees, contractors, or agents; or in any way arising fror the Pro
ARTICLE A-21. REMEDIES NOT EXCLUSIVE
The use by either party of any remedy sl ,d ,nt of
this Contract is not exclusive, and shall not de remedy of, or
limit the application of, any other
ARTICLE A-22. AME
This utual written agreement signed by the
parties its must be in writing stating the
amendm~ ½r the request.
ARTICLE F RIGHTS
parties hereto that from time to time either party may
waive any under this Contract unless contrary to law. Any waiver by either
party hereto of rights arising in connection with this Contract shall not be deemed to be
a waiver with respect to any other rights or matters.
ARTICLE A-24. DISPUTE CLAUSE
Any dispute that Supplier may have regarding the performance of this Contract
including, but not limited to, claims for additional disbursements of funds or extension of
time, shall be submitted to the State's Contract Manager identified in Section 13 of this
Contract. The State Contract Manager may make findings and recommendations and
shall transmit a copy of the claim and any such findings and recommendations to the
Department of Health Services, Chief, Division of Drinking Water and Environmental
20
12/03/01
Management, who shall make a decision, which shall be reduced to writing and
transmitted to Supplier by certified or registered mail. Said decision shall be final and
conclusive.
ARTICLE A-25. PERFORMANCE AND ASSURANCES
Supplier agrees to faithfully and expeditiously perform or cause to be performed
all Project work as described in the final plans and specifications as submitted and
approved, or as later amended and approved by the State under this Contract and to
apply funds received only to eligible project costs and to operate and maintain the
Project in accordance with applicable provisions of the law.
ARTICLE A-26. DEFAULT PROVISIONS
(a) Supplier will be in default under this Contract if any of the follow occur:
(1) Supplier's failure to pay any installment when due, or
indebtedness to the State when due at the designated due date;
(2) Supplier's failure to make any remittances ;
(3) Supplier's substantial breach of t )lement or
amendment to it, or any other ag .~n evidencing or
securing Supplier's obligations;
(4) Supplier's ma~ or statement
with respect to this
(5) ateral given as security under this
Contract;
~ any collateral given as security under this
Contract; ~
(7) cf operations by Supplier, termination of
Supr insolvency of Supplier, or filing of a voluntary or involuntary
bankruptcy petition by or on behalf of Supplier.
(b) When an event of default occurs, the State shall give Supplier notice of
default. Supplier shall have ten (10) calendar days from the date of such notice to cure
the default. If the Supplier fails to timely cure the default to the satisfaction of the State,
the State may do any or all of the following:
(1) Declare that any and all amounts disbursed to the Supplier under the
terms of this Contract, including any grant portion, shall be deemed the loan amount,
and shall be repaid to the State in accordance with the terms of this Contract.
21
12/03/01
(2) Declare the Supplier's obligations immediately due and payable,
with or without demand or notice to Supplier, which Supplier expressly waives;
(3) Terminate any obligation to make future disbursements to
Supplier;
(4) Exercise all rights and remedies available to a secured creditor
after default, including, but not limited to, the rights and remedies of secured creditors
under the California Uniform Commercial Code;
(5) Perform any of Supplier's obligations under this Contract for
Supplier's account; and
(6) Take any other action it deems necessary to protect its interests
(c) Supplier agrees that any remedy provided in this Contract i~
not in derogation of any other legal or equitable remedy available
result of a breach of contract by the Supplier, whether such I before
after completion of the Project.
(d) No waiver by the State of any breach y
other breach or default.
ARTICLE A-27. DRUG-FREE W(
By signing this rtifles under penalty of perjury
under the laws of the rnia tha )lier will comply with the
req 1990 (Government Code Section 8350
et seq.) an, by taking the following actions:
employees that unlawful manufacture,
distribution ~ssession, or use of a controlled substance is prohibited
and specifyin actions e taken against employees for violations.
(b) a Drug-Free Awareness program to inform employees about all
of the following:
(1) The dangers of drug abuse in the workplace;
(2) The person's or organization's policy of maintaining a drug-free
workplace;
(3) Any available counseling, rehabilitation and employee assistance
programs;
(4) Penalties that may be imposed upon employees for drug abuse violations.
22
12/03/01
(c) Every employee who works on the Project:
(1) Will receive a copy of the Supplier's drug-free poIicy statement;
(2) Will agree to abide by terms of the Supplier's statement as a condition of
employment on the Project.
This Contract may be subject to suspension of payments or termination, or both,
and the Supplier may be subject to debarment if the department determines that: (1)
the Supplier has made a false certification, or (2) the Supplier violates the certification
by failing to carry out the requirements of this Article A-27.
ARTICLE A-28, CONFLICT OF INTEREST-CURRENT AND FORMER STAT[
EMPLOYEES
(a) Current State Officers and Employees:
(1) Supplier shall not utilize in the performance
officer or employee in the state civil service or other al unless the
employment, activity, or enterprise is required
employee's regular state employment. Em is defined to
be any person legally holding a permanent or ir e state civil
~1~ service,
(2) If any state or employed in the
performance ~ written verification from the
State that the e~ : is required as a condition of the
officer's, en employment and shall keep said
the termination of this Contract.
ot accept occasional work from any currently
employed ployee, or official.
(4) ~lier accepts volunteer work from any currently employed state
officer, employee, or official, Supplier may not reimburse, or otherwise pay or
compensate, such person for expenses incurred, including, without limitation, travel
expenses, per diem, or the like, in connection with volunteer work on behalf of Supplier.
(5) Supplier shall not employ any state officers, employees, or officials
who are on paid or unpaid leave of absence from their regular state employment.
(6) Supplier or anyone having a financial interest in the Contract may not
become a state officer, employee, or official during the term of this Contract. Supplier
shall notify each of its employees, and any other person having a financial interest in
this Contract that it is unlawful under the Public Contract Code for such person to
23
12/03/01
become a state officer, employee, or official during the term of this Contract unless any
relationship with the Supplier giving rise to a financial interest, as an employee or
otherwise, is first terminated.
(7) Occasional or one-time reimbursement of a state employee's travel
expenses is not acceptable.
(b) Former State Officers and Employees:
(1) Supplier shall not utilize in the performance of this Contract any
formerly employed person of any state agency or department that was employed under
the state civil service, or otherwise appointed to serve in the State Government, if that
person was engaged in any negotiations, transactions, planning, arrangement, or
part of the decision making process relevant to the Contract while employed
capacity by any state agency or department. This prohibition shall apply
year period beginning on the date the person left state em
(2) Supplier shall not utilize within twelve (12) mo~ of
separation of services, a former employee of the contractin
department if that former employee was employed ' ition in the
same general subject area as the proposed cot 12) month period
prior to the employee leaving state service.
(c) If Supplier vic bp~ such action by
Supplier shall render this Con or
nonsubstantive.
ARTICLE A-29.
eneral liability insurance concerning the
con,, Jse, and will require its contractors and
of insurance to be issued showing the State, its
officers, agel and servants as additional insured; and shall provide the
State with a cc II such certificates prior to the commencement of construction of
the Project.
ARTICLE A-30. PROHIBITED USE OF STATE FUNDS FQR SOFTWARE
Contractor (Supplier) certifies that it has appropriate systems and controls in
p~ace to ensure that state funds will not be used in the performance of this contract for
the acquisition, operation or maintenance of computer software in violation of copyright
laws.
ARTICLE A-31. LOBBYING DISCLOSURE
24
12/03/01
If pursuant to the terms of this Contract, Supplier is to receive loan proceeds in
excess of $150,000 and/or grant proceeds in excess of $100,000, Supplier shall comply
with the certification and disclosure requirements of the Lobbying Disclosure Act, Public
Law 101~121,103 Stat 750 (1989), 31 U.S.C. 1352 (1998). Such certification and
disclosure shall be completed prior to the disbursement of any funds.
25
12/03/01
EXHIBIT B
CONTRACT SECURITY REQUIREMENTS
ARTIGLE B-1. NO PRIORITY FOR ADDITIONAL LOANS
The Supplier agrees to incur no additional indebtedness having any priority in
payment of principal or interest or pledge of revenues or facilities or equipment in
existence at the date of this Contract or to be constructed or obtained under terms of
this Contract without obtaining prior written consent of the State.
ARTIGLE B-2. RATES AND CHARGES
The Supplier agrees that it will levy and collect assessments or user ch
may be necessary to operate and to maintain the Project and to meet the
the loan when the same becomes due', and if for any reason, gross r
insufficient to make payments due pursuant to this Contract, Su
sufficient funds through increased user charges or assessmE ~er lega
means available to it to meet loan payments and to o Pro
ARTICLE B-3. SECURITY INTEREST
The Supplier pledges to repay the under this
Contract, together with all interest from (insert
repayment source) , and SL to secure
said repayment. Supplier. said pledge shall create
and constitute a lien and in in accordance with the
provisions of th, 5450, et seq.
'~and all documents required by the State to create
and ;luding any amendments, modifications, and/or new
or revised y be reasonably necessary to maintain, preserve, and
[ sec
ARTICLE B-4. FUND
The Supplier agrees to provide for the accumulation of necessary reserves in
accordance with Section 12 of this Contract to assure that funds will be available to
make the semiannual payments when due. At a minimum, a reserve of two (2)
semiannual payments shall be accumulated during the first year period for all
repayment methods and thereafter maintained at that level. The reserve fund shall be
maintained and administered by the Fiscal Agent.
(USE ONLY FOR CITY, COUNTY, TOWNSHIP/TOWN, SCHOOL DISTRICT
CONTRACTS) REMBERER IF DELETED TO DELETE FROM TABLE OF CONTENTS
ARTICLE B-5. LEGAL OBLIGATION
26
12/03/01
The obligation of Supplier to make payments under this Contract is payable
solely from the (insert account or fund) unless otherwise paid from other sources of
legally available funds. This Contract and payment due thereunder, shall not in any
way be construed to be a debt of the (City, County, Township, School District, financing
authority, etc.) in contravention of any applicable constitutional or statutory limitations or
requirements concerning the creation of indebtedness nor will anything contained in this
Contract constitute a pledge or obligation of general revenues, funds, or moneys for
which (City, County, Township, School District, financing authority, etc.) is obligated to
levy or pledge any form of taxation.
27
12/03/01
EXHIBIT C
SPECIAL REQUIREMENTS
ARTICLE C-1. DHS REQUIREMENTS
1.
28
2/03/01
Notice of Exemption
To: t/ Office ofPlanning and Research From: (PublieAgency) East Valley Water District
1400 Tenth Street, Room 121 1155 Del Rosa Avenue
Sacramento, CA 95814 San Bemardino, CA 92413
San Bemardino County
Clerk of the Board
385 N. Arrowhead Avenue
San Bernardino, CA 92415
Project Title: Plant 39 Fluoride Blending Facilities
Project Location: Easterly terminus of Date Street about 1,800 feet easterly of Arden Avenue in proiected
Section 30, TIN, R3W SBM.
Project Location - City: Highland Project Location - County: San Bemardino
Description of Nature, Purpose, and Beneficiaries of Project: EVWD is proposing to construct a 250,000
gallon water reservoir to blend water containing high concentrations of fluoride with water having lower
concentrations to generate water that meets State MCL requirements. Historically, water from Well 39 has
concentrations of fluoride that exceed State MCL levels. This water has been blended with water containing
lower fluoride concentrations from the Intermediate Zone at the two existing reservoirs located at Plant 39
(total capacity is 2.4 MG). This method of blending is not the most reliable and EVWD is proposing to
construct the reservoir with a static mixer to blend water from the well with water from the existing reservoirs.
This will be accomplished by installing a pump station to boost water from tbe existing reservoirs to the
blending reservoir. Water from Well 39 will be pumped directly to the new reservoir. The blending reservoir
will provide a more reliable and efficient method of blending water for use in the EVWD system. The
proposed project does not result in an expansion &use beyond that which presently exists. The pmiect will
not increase the cal~acity of the well or the booster puml~s which supply the EVWD system. The pmiect
involves construction of a public health protection device in that it will provide a more reliable method of
producing water that meets State MCL rectuirements.
Name of Public Agency Approving Project: . East Valley Water District
Name of Person or Agency Carrying Out Project: East Valley Water District
Exempt Status: (check one)
[] Ministerial (Section 21080(b)(1); 15268);
[] Declared Emergency (Section 21080C0)(3); 15269(a));
r3 Statutory Exemption (Feasibility Study, Section 21102; 15262);
[] Categorical Exemption (Public Resources Code Section 21080(b)(9), 21084;
CEQA Guidelines Section 15301)
Reasons why project is exempt: Class 1 Exemption - The proposed proiect is the minor alteration of an
existing utility that involves neeligible or no expansion of the existing use. The project will not increase the
pumping capacity of the well or the booster pumps which supply water to the EVWD system. Substantiation
for this. CEQA determination is available for review at the East Valley Water District's office.
Lead Agency
Contact Person: Mr. Paul Dolter Area Code/Telephone/Extension: (909) 888-8986
Signature: Date: Title: Board Pres±dent
Donald D. Goodin
~'OM DODSON & ASSOCIATE,_,
2150 N. ARROWHEAD AVENUE
TEL (909) $82-3612~9' FAX (909) 882-7015 .. / .
~' E-MAIL tda~tsto~amp.com
December 31,2001
Mr. Robert Martin, General Manager
East Valley Water District
1155 Del Rosa Avenue
San Bemardino, CA 92413
Subject: CEQA Compliance for the East Valley Water District's City Creek Sewerline Protection
Project (SCH #2001111140)
Dear Bob:
The public comment period on the proposed Mitigated Negative Declaration for this project closed on
December 19, 2001. Two conm~ent letters were received prior to the close of the con~ment period. Both
letters were from the California Department of Transportation (Caltrans). The first letter stated that if the
project affected State right-of-way, improvements must conform to Caltrans standards and the District must
secure required Caltrans penuits. The District provided Caltrans with additional data which verified that
State right-of-way would not be affected.
The second letter from Caltrans acknowledged that, based on the improvement plans provided, the project
would not affect State right-of-way and an encroaclm*ent permit not required. Responses to these comments
were prepared and are attached to the Initial Study. None of the issues raised identified new, avoidable
significant effects, or required project revisions. Therefore, it remains our recommendation that a Mitigated
Negative Declaration is the appropriate CEQA determination for the project. If EVWD staff concurs, it
should provide the Board of Directors (Board), the following data in the staff report.
An Initial Study that meets cun-ent CEQA requirements was prepared for the project. Based on data
provided in the Initial Study, EVWD staff has determined that potential impacts to the environment were
either non-significant or could be reduced to less than significant levels through implementation of the
mitigation measures provided in the Initial Study. The Initial Study and proposed Mitigated Negative
Declaration were circulated for public review and comment in the manner prescribed by CEQA. Two
comment letters from Caltrans were received during the comment period which closed on December 19,
2001.
Caltrans requested clarification on the project to determine if it would affect State right-of-way. Based on
the data provided, Caltrans acla~owledged that it would not affect State fight-of-way.
None of the comments raised any new issues that were not evaluated in the Initial Study. None of the
comments identified, any new, unavoidable significant effects or required project revisions to mitigate
potential significant impacts. The comment letters and responses are included in the Initial Study.
Mr. Robert Martin
December 31, 2001
Page 2
The proposed project is located within a portion of City Creek known to be occupied by the federally listed
as endangered San Bernardino kangaroo rat (SBKR). Implementation of the project will require
negotiations for mitigation with the U.S. Fish and Wildlife Service. It is anticipated mitigation will include
the purchase of one or two acres of offsite SBKR habitat.
Staff's recommendation to the Board should be to:
t Adopt the Mitigated Negative Declaration; Adopt the Mitigation Monitoring and Reportingxx)
Program; and File the Notice of Detemfination with the County of San Bernardino Clerk of/
the Board of Supervisors and the State Office of Planning and Research, State/
Clearinghouse. /
Bec. au~ential impacts to biotic resources, it is not appropriate that a De Minimis Impact finding be
rn_a~af _~??)the De Minimis finding, filing of the Notice of Determination (NOD) will require payment
_~/_a?l,2. 85.~e to the Clerk of the Board when the NOD is posted. If staff feels a De Minimis Impact
~_~ndp~. app_r~opriate, the B~oard nmst also make that finding when it adopts the Mitigated Negative
~Bect'aration. If staff de. e. e. e. e. e. e. e. e. e~ to)recommend that finding, a De Minimis Impact Finding must be prepared
for adoption by the..B'.~rd. Tile filing fee for the NOD with a Notice of Exemption (if De Minimis Impact
Finding is ma~/1/;~35~f/ /
I am enclos~fig'/five~ copies of the Initial Study for the Board, including cormuent letters and the
responses, th M~ated Negative Declaration, two NODs for posting with the Clerk of the Board and the
State Clearinghouse, and the Mitigation Monitoring and Reporting Program (MMRP). The NOD's and the
Mitigated Negative Declaration must be signed by you or the Board president after the Mitigated Negative
Declaration is adopted. The Mitigated Negative Declaration should be kept in the project file at the
District's office.
It is EVWD's legal responsibility to ensure that the terms of the MMRP are met. I suggest that we discuss
implementation of the MMRP prior to preparation of any bid packages for construction of the project.
Thank you for allowing Tom Dodson & Associates to assist you with this project and should you have any
questions or comments, please call.
Sincerely,
Vice President
BG/cmc
Csp01/1231BGI (EV-042}
Notice of Determination
To: t/ Office of Planning and Research From: East Valley Water District (EVWD)
State Clearinghouse 1155 Del Rosa Avenue (POB 3427)
1400 Tenth Street San Barnardino, CA 92413
Sacramento, CA 95814
Subject: Filing ofNotice of Determination in compliance with Section 21 I08 or 21152 ofthe Public Resources Code.
East Valley Water District's City Creek Crossin~ Sewerline Protection Proiect
Project Title
SCH #2001111140 Mr. Paul Dolter, P.E. (909) 889-9501
State Clearinghouse Number Lead Agency Area Code/Telephone/Extension
(If submitted to Clearinghouse) Contact Person
Section 4. TlS, R3W SBM, County of San Bernardino
Project Location (include county)
Project Description:
EVWD is proposing to protect an existing underground sewerline which crosses City Creek with a rock and concrete
underground structure to protect the pipeline from damage during large storm events in the creek. The purpose of the
project is to prevent the release of untreated sewage into the creek if the pipeline is damaged.
A Notice of Intent to adopt a Negative Declaration Was posted with the State Clearinghouse and the Clerk of the San
Bemardino County Board of Supervisor on November 20, 2001. Comments letters were received from the California
Department of Transportation. Responses were provided to the comments and the commenting agencies. The EVWD
Board of Directors considered these conmaents prior to adopting the Mitigated Negative Declaration.
This is to advise that the East Valley Water District has approved the above described project on
[] Lead Agency El Rcsponsibl= Ag=ney
Januav/8, 2002 and has made the following determination regarding the above described project:
(Date)
1. The project ID will ~ will not] bare a significant effect on the environment.
2. o An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
[] A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures Ia were r~ were not] made a condition of the approval of the project.
4, A Statement of Overriding Considerations [tn was [] was not] adopted for this project.
This is to certify that the Initial Study and record of project approval is available to the General Public at:
East Valley Water District. 1155 Del Rosa Avenue. San Bernardino. CA 92413
Siommture (Public Agency) Date Title
Notice of Determination
To: t/ County Clerk of the Board From: East Valley Water District (EVWD)
County of San Bemardino 1155 Del Rosa Avenue (PCB 3427)
385 N. Arrowhead Avenue San Bemardino, CA 92413
San Bernardino, CA 92415
Subject: Filing ofNotiee of Determination in compliance with Section 2110g or 21152 ortho Public Resources Code.
East Valley Water District's City Creek Crossin~ Sewerline Protection Proiect
Project Title
SCH #2001111140 Mr. Paul Dolter, P.E. (909) 889-9501
State Clearinghouse Number Lead Agency Area CodefTelephone/Extension
(Ifsubmated to Clearinghouse) Contact Person
Section 4, TlS. R3W SBM, County of San Bernardino
Project Location (include county)
Project Description:
EVWD ia proposing to protect an existing underground sewerline which crosses City Creek with a rock and concrete
underground structure to protect the pipeline from damage during large storm events in the creek. Thepurpose of the
project is to prevent the release of untreated sewage into the creek if the pipeline is damaged. ~
A Notice of Intent to adopt a Negative Declaration was posted with the State Clearinghouse and the Clerk or the San
Bernardino County Board of Supervisor on November 20,2001. Comments letters were received from the California
Department of Transportation. Responses were provided to the comments and the commenting agencies. The EYWD.
Board of Directors considered these comments prior to adopting the Mitigated Negative Declaration.
This is to advise that the East Valley Water District has approved the above described project on
~ Lead Agency El Responsible Agency
J'anuaw 8, 2002 and has made the following determination regarding the above described project:
(Date)
1. The project [c~ will :~ will not] have a significant effect on the environment.
2. r~ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
[] A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures [[] were ~ were not] made a condition of the approval of the project.
4. A Statement of Overriding Considerations [r~ was a was not] adopted for this project.
This is to certify that the Initial Study and record of project approval is available to the General Public at:
East Valley Water District. 1155 Del Rosa Avenue. San Bernardino. CA 92413
Signature (Public Agency) Date Title
Mitigated Negative Declaration
Lead Agency: East Valley Water District (EVWD) Contact: Mr. Paul Dolter, P.E.
1155 Del Rosa Avenue (POB 3427) Phone (909) 889-9501
San Bemardino, CA 92413
Project Title: EAST VALLEY WATER DISTRICT'S
CITY CREEK CROSSING SEWERLINE PROTECTION PROJECT
State Clearinghouse Number: SCH #2001111140
Project Location: Section 4, TiS, R3W SBM, San Bemardino County, California
Project Description: EVWD is proposing to protect an existing underground sewerline which crosses City Creek
with a rock and concrete underground structure to protect the pipeline front damage during large stom~ events in the
creek. The purpose of the project is to prevent the release of untreated sewage into the creek if the pipeline is
damaged.
Finding: EVWD's decision to implement this sewerline protection project such as the proposed project is a
discretionary decision or"project" that requires evaluation under the California Environmental Quality Act (CEQA).
This negative declaration is the East Valley Water District's CEQA determination for this project.
Initial Study: Copies of the Initial Study are available for public review at the East Valley Water District, I 155 Del
Rosa Avenue, San Bemardino, CA 92413. The public review period for the Initial Study closed on December 21,
2001.
Mitigation Measures: All mitigation measures identified in the Initial Study have been adopted as conditions of the
proj eot and will be implemented through a mitigation monitoring and reporting program adopted with the Negative
Declaration.
Signature (Public Agency) Date Title
Initial Study
for the
East Valley Water District
City Creek Crossing
Sewerline Protection Project
Prepared by:
EAST VALLEY WATER DISTRICT
1155 Del Rosa Avenue
San Bernardino, California 92413
(909) 888-8986
Preparation assistance by:
TOM DODSON & ASSOCIATES
2150 N. Arrowhead Avenue
San Bernardino, California 92405
(909) 882-3612
NOVEMBER 2001
East Valley Water District
City Creek Crossing Sewerline Protection Project INITIAL STU DY
V
TABLE OF CONTENTS
PROJECT DESCRIPTION ................................................ 1
Introduction .................................................... 1
Existing Environmental Setting ..................................... 2
Project Characteristics ............................................ 2
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ...................... 9
DETERMINATION ...................................................... 10
ENVIRONMENTAL CHECKLIST ........................................... 11
I. Aesthetics.. .................................................... 11
II. Agricultural Resources ............................................ 11
III. Air Quality ..................................................... 12
IV. Biological Resources ............................................. 15
V. Cultural Resources .............................................. 18
VI. Geology and Soils ............................................... 20
VII. Hazards and Hazardous Materials .................................. 22
VIII. Hydrology and Water Quality ....................................... 24
IX. Land Use and Planning ........................................... 25
X. Mineral Resources ............................................... 26
Xl. Noise ......................................................... 27
Xll, Population and Housing ........................................... 28
XlII. Public Services ................................................. 29
XIV. Recreation ..................................................... 29
XV. Transportation/Traffic ............................................. 30
XVI. Utilities and Service Systems ...................................... 31
XVII. Mandatory Findings of Significance .................................. 32
MITIGATION MEASURES ................................................ 34
REFERENCES ......................................................... 36
EV-042/i~tJai Study/111201 -ii- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewedine Protection Project INITIAL STUDY
LIST OF FIGURES AND TABLES
Figure 1 Regional Location ............................................ 3
Figure 2 Vicinity Map ................................................. 4
Figure 3 Sewerline Protection Plan ...................................... 5
Figure 4 Project Site and Soil Stockpile Area .............................. 6
EV-042/In[tial Study/Ill201 -iii- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewerline Protection Proiect INITIAL STUDY
PROJECT DESCRIPTION:
Introduction
East Valley Water District (EVWD or District) is a public agency formed to provide domestic water
and wastewater collection and transmission services to customers in the easterly portion of the City
of San Bemardino, the City of Highland and some adjacent, unincorporated areas of the County
of San Bernardino. The District is governed by a Board of Directors (Board) comprised of five
members elected at large from within the District. It is the District's responsibility to provide reliable
and safe wastewater collection and transmission service to its customers. Wastewater collected
from within the District is transported in District owned pipelines to the City of San Bernardino's
wastewater treatment plant.
The District's wastewater collection network includes pipelines that cross beneath stormwater or
stream channels. Channels that are not hard surfaced (concrete lined) contain earthen bottoms
that can be subjected to substantial soil erosion during large storm events. One such channel is
City Creek that extends from the foothills of San Bernardino Mountains to a confluence with the
Santa Aha River floodplain. The District maintains a sewer pipeline that conveys wastewater from
the City of Highland .and East Highlands to the City of San Bernardino's wastewater treatment plant.
This pipeline crosses beneath City Creek about 180 feet northerly of the Fifth Street crossing of the
creek channel. This pipeline is presently located about 5to 10 feet beneath the active flowline of
the channel. This portion of City Creek contains an earthen flowline with rock-slope protection
along the banks. The hydrology analysis for a project proposing to replace an existing bridge over
the creek at Fifth Street indicates this section of the channel has a Standard Project Flood flow (Q)
of about 15,500 cubic feet per second (cfs) with a scour depth of 12 feet. Applicable data provided
in the Initial Study/Environmental Assessment for the City of Highlands Fifth Street Widening and
Replacement of the City Creek Bridge project will be utilized in this Initial Study and referred to as
the Fifth Street Bridge IS~EA.
Based on these data, the District has determined that major flood events in City Creek have the
potential to damage or destroy this sewer line resulting in the discharge of untreated sewage into
city Creek and the Santa Ana River. Such an occurrence would have adverse effects on water
quality, public health, and place the District at risk of substantial liability. EVWD has been working
with the California Regional Water Quality Control Board, Santa Aha Region (RWQCB) on this and
other issues relative to reducing the potential for release of untreated sewage. To remedy this
condition, EVWD investigated either realigning the pipe, replacing the existing clay pipe (VCP) or
protecting the pipe in place. Because the pipeline is oriented in an east-west direction while City
Creek flows in a generally north-south direction, the only location of the pipeline that would not
cross beneath City Creek is to place the pipe on the existing or proposed bridge. Due to the depth
of the pipeline and the height of the bridge, this alternative would require use of a pump station or
possibly a siphon, Neither of these alternatives are as reliable as gravity flow and both require
substantially more maintenance with additional energy costs if a pump is used. Additionally, this
alternative would require the District to rely on bridge construction schedules which are not known
at this time.
Replacing the pipe beneath the channel would require the same disturbance of the creekbed as
protecting the existing pipe in place. The existing pipe would remain active until the new pipeline
could be connected. The realigned portion of the existing pipe would then be abandoned. The
EV-042/InitJal Study/Ill201 -1- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewedine Protection Project INITIAL STu DY
costs associated with this realignment would be greater because in addition to the pipe installation,
the new pipe would also require similar protection from major storm events as the existing. Based
on its evaluation of available options, the District has determined that the most feasible alternative
is to protect the existing pipeline in place. The regional location and vicinity of the project are
shown on Figures 1 and 2. Figure 3 is the Sewerline Protection Plan.
Environmental Settinq
The existing pipeline crosses beneath City Creek about 180 feet northerly of the centedine of the
existing Fifth Street Bridge crossing of the channel in the City of Highland. The area adjacent to
the channel consists of primarily vacant property that has been disturbed by previous human
activities. Industrial type activities occur westerly of the channel. To the east is the vacant, graded
parcel and the 210 Freeway. This parcel has been completely disturbed and contains no
vegetation. Some residential development occurs above the channel levee toward the northwest.
The City Creek channel and sand and gravel mining and processing operations are located
southerly of Fifth Street. No substantial amount of native habitat or vegetation exists in the areas
outside the existing channel.
The City Creek floodplain contains three primary plant communities: the mulefat series, California
annual grasslands, 'and alluvial fan sage scrub. Fremont's cottonwood and willows also occur
within the drainage channel. Four sensitive plant species and one sensitive animal species have
potential to occur within the portion of the creek channel that will be affected by this project. The
plant species are: Santa Ana River woollystar, Nevin's barberry, slender-horned spineflower, and
Parry's spineflower. This portion of the channel is also considered habitat for the federally listed
as endangered San Bernardino kangaroo rat.
The soil stockpile area has been graded, compacted by previous construction activities. No native
vegetation or topography occurs on the site. The pipe alignment and proposed stock pile area are
shown on Figure 4.
Soils in the City Creek floodplain are mapped as Psamments and Fluvents by the U.S. Department
of Agriculture, Soil Conservation Service (SCS).
The project is located in the South 1/2 of Section 4, TlS R3W SBM. The site is included within the
area shown on USGS - Redlands Quadrangle, California, 7.5 Minute Series (topographic).
Proiect Characteristics
To protect the existing pipeline, EVWD is proposing to excavate a +30-foot-wide by a 12 to 15-foot-
deep trench around the existing pipe. Once exposed, the pipe would be encased in a minimum of
4-foot-wide by 4-foot-deep concrete encasement to reinforce the clay pipe. To protect the pipe from
potential scour of the channel, a rock and concrete dp-rap cradle will be placed over the
encasement. This cradle will be about 2 feet thick and extend outward and downward from the
encasement at about a 1.5:1 (1.5 feet horizontal to one-foot vertical) slope to a minimum depth of
about 12 feet below the channel flowline. Side slopes of the trench for the rip-rap cradle will be
constructed at about a 1:1 slope. This will result in about a 50-foot-wide by a minimum 12-foot-
deep trench. A typical view of the proposed trench and pipe protection devices is shown on
Figure 3.
EV-O42/Ini6a[ Study/Ill201 -2- TOM DODSON & ASSOCIATES
~ ', ! ~ ~'-,._.-- / 2~;"~r?~.~,~,~/"~ t':'. 11 /-~ ~,'~'.-~-'~'.l. .Zl ll l'~ ' .i _~,~-~...-:~ ..~,..~
~.. ~ .*.. /r,..~! .~,,L~.~../ t~"~]~ '~ q,, I-. " y~~--;- - ~--:9! . L---.~.~:.!'-~.' -
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~ ~ ~[E-'!~~ . ". '""v""...' ~;" ' ~ , \, ' ..... . ,,::':,,,,' ,~:~,',~¢ -' ~.-,,?',
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,o.N.¢=. '~ :~11". I I. ..-~.~'~,~';~?,~p. itJ'~","-'""'~-..._ .,.-:=--...--',:_,'~--~--'"=~.~' " ,' . o ' ,,:,,; ,'
~. · I] ~t.e"~t~al .¢ , ~, ,,, , ...........
REGIONAL LOCATION
I TOM DODSON & ASSOCIATES FIGURE 1
source: USGS- San Bernardino, California Environmental Consultants
1:250,000 (topographic)
SITE VICINITY MAP
TOM DODSON & ASSOCIATES FIGURE 2
Source: USGS- Redlands Quadrangle, California Environmental Consultants
7.5 Minute Series (topographic)
PROJECT SITE
SOIL STORAGE AREA
TOM DODSON & ASSOCIATES
Env ronmenta Consultants FIGURE 4
East Valley Water District
City Creek Crossing Sewedine Protection Project INITIAL STUDY
To construct these facilities, a 20-foot-wide construction access road wiil be developed adjacent
to the trench. This access road will be used to provide access for equipment and materials (rock,
concrete, etc.) and to remove and store soil and rock excavated from the trench. Based on
available plans, it is estimated that about 4,500 cubic yards (cy) of soil and rock will be excavated
from the channel over about a one-week period of time. This material will be stored on the graded,
vacant parcel situated between the channel and the freeway (see Figure 4). It is anticipated that
two pieces of equipment (an excavator and front loader) will be utilized to excavate the trench and
2 trucks will be used to haul the soil. After the trench is excavated about 1,500 cy of concrete and
rock will be delivered to the site to construct the rip-rap cradle and pipe encasement. Rock
excavated from the trench will be stored and if feasible, used to construct the encasement and
cradle. It is anticipated that installation ofthe cradle and pipe encasementwilltakeabout4weeks.
Once the concrete is in place and cured, the stored soil will be backfilled and compacted over the
pipeline and pipe protection devices and the channel flowline returned to as near its pre-project
elevation as feasible. It is anticipated that with material shrinkage due to compaction of backfilled
soil and the volume losses due to the use of excavated rock in the protection devices that about
1,000 cy excess soil and rock material wilt remain after the trench is backfitled and compacted.
This excess soil and rock will be disposed of locally (within 2 miles of the site) or used on the vacant
parcel. This excess soil from the stream channel will consist primarily of the sand, gravel and rock
which maybe utilized at the nearby sand and gravel processing facilities or at local construction
projects. It is anticipated this excess material will be hauled in 20 cy trucks resulting in a maximum
of 50 delivery truck trips over about a one-week period. Installation of the pipe protection facilities
will affect about 0.8 acre.
This is a sewerline protection project which will reduce the potential for damage to the existing
pipeline and the potential for release of untreated sewage. No increase in the capacity or change
in use of the pipeline will result.
Funds to construct this project will be provided from EVVVD reserves.
Implementation of the project will require the Board of Directors (Board) of the EVWD to approve
the proposed activities and authorize the expenditure of funds to finance the project. While this
approval will not result in any direct effects on the physical environment, it will provide the
mechanism for the construction activities and operations that will cause physical changes to the
environment at the site. Such a decision by the Board is discretionary and considered a "project"
under the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). As
such, the Board must consider the potential adverse environmental impacts to the environment from
implementing this project and comply with the requirements of CEQA to make a determination on
the significance of the potential impacts. The first step in this evaluation is the preparation of an
Initial Study. This document will focus on those activities and components of the project that can
cause physical change to the existing environment if the Board approves the project and provides
the necessary funding to construct and operate the facilities summarized above. In compliance with
Section 15051 of the State CEQA Guidelines, EVWD will act as lead agency for compliance with
CEQA.
Implementation of this project will require EVVVD to secure permits and agreements from both state
and federal regulatory agencies. City Creek is considered "waters of the United States" and
alterations to these "waters" must be permitted under Section 404 of the federal Clean Water Act
(404 permit). The U.S. Army Corps of Engineers (COE) is vested with the authority to issue 404
EV-O42/Init~atSt~dy1111201 -7- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewedine Protection Project INITIAL STU DY
permits. Before the COE can issue the 404 permit, the California Regional Water Quality Control
Board, Santa Aha Region (RWQCB) must comply with Section 401 of the State Clean Water Act
by issuing a certification that the project will not degrade water quality. This action is termed
issuance of a 401 Certification and must be completed before the COE can issue a 404 permit.
Additionally, because the project has the potential to affect federally listed species, the COE must
comply with Section 7 of the federal Endangered Species Act (ESA) and consult with the U.S. Fish
and Wildlife Service (USFWS) prior to issuing the 404 permit. The USFWS will issue a Biological
Opinion on the potential effects of the proposed project on sensitive biological resources.
Section 1601 of the State Fish and Game Code requires that public agencies notify the California
Department of Fish and Game (CDFG) of proposed activities that will result in the diversion,
obstruction or alteration of a streambed. Such activities can only be implemented after the public
agency has received a Streambed Alteration Agreement (1601 Agreement) from the CDFG.
Due to the permitting authority over this project by CDFG and RWQCB, they are considered
responsible agencies under CEQA.
The decisions by the CDFG and RWQCB on whether to issue the 1601 Agreement or the
401 Certification are also discretionary and subject to CEQA. This Initial Study is prepared in a
manner that will allow these agencies to utilize this document and the District's CEQA determination
as their CEQA compliance document and determination when making decisions on whether to
issue the certifications and agreements. Data contained in this document will also be utilized by
the COE to comply with the National Environmental Policy Act (NEPA) regarding its decision to
issue a 404 permit,
Implementation of this project will also require EV~ND to secure permits from the San Bernardino
County Transportation/Flood Control Department for encroachments into City Creek.
This concludes the project description. If the Board provides the approval needed, the project will
be implemented as outlined above. The remainder ofthis Initial Study consists of the District's most
recent CEQA Environmental Checklist Form and the substantiation required to support the
conclusions presented. Based on the findings and conclusions of this Initial Study, the Board has
made a preliminary determination that a Mitigated Negative Declaration is the appropriate CEQA
determination for this project. A final environmental determination will be made following the close
of a 30-day comment period, Any comments received on the Initial Study will be reviewed and
considered by the Board when making the final environmental determination. The Board will make
a final decision regarding the appropriate environmental determination for this proposed project
according to CEQA and the State CEQA Guidelines prior to making a decision on the proposed
project. The Environmental Checklist foIIows.
EV-04~ni~a~ Study/~20~ -8- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewedine Protection Project INITIAL STUDY
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the
following pages.
Q Aesthetics E3 Agriculture Resources Q Air Quality
[21 Biological Resources Q Cultural Resources Q Geology & Soils
63 Hazards & Hazardous Materials Q Hydrology & Water Quality Q Land Use & Planning
Q Mineral Resources Q Noise g:l Population & Housing
Q Public Services Q Recreation Q Transportation/Traffic
Q Utilities & Service Systems Q Mandatory Findings of Significance
EV-042,'lnitial Study/II1601 -9- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewedine Protection Project IN ITIAL STU DY
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation, the following finding is made:
The proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
[] A~though the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because revisions in the project have been
made by or agreed to by the project proponent or adequate mitigation has been provided
to reduce potential impacts below a level of significance. A MITIGATED NEGATIVE
DECLARATION will be prepared.
The proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
The proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect (1) has
been adequately analyzed in an earlier document pursuant to applicable legal standards,
and (2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,
but it may analyze only the effects that remain to be addressed.
Although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier
EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been
avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,
including revisions or mitigation measures that are imposed upon the proposed project,
nothing further is required.
Prepared by Tom Dodson & Associates
(signature) Date'' ~
Robert Martin, General Manager
East Valley Water District
EV-042/lni~[ Study/Ill201 -10- TOM DODSON R, ASSOCIATES
East Valley Water District
City Creek Crossing Sewedine Protection Project !NITIAL STU DY
ENVIRONMENTAL CHECKLIST:
I. AESTHETICS - Would the project;
a. Have a substantial adverse effect on a scenic vista? [] F~ F"I []
b. Substantially damage scenic resources, including, E~ [-'l r3 []
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c. Substanfially degrade the existing visual character [] ['3 [] []
or quality of the site and its surroundings?
d. Create a new source of substantial light or glare [] [] [] []
which would adversely affect day or nighttime views
in the area?
SUBSTANTIATION:
a-d. The proposed project consists of placing structures underground and returning the ground surface to
its pre-project condition. No above ground structures will result and no permanent lighting will be used.
The project is located within a drainage channel that contains no identifiable scenic resources (rock
outcroppings, trees, etc.) that witl be permanenfly affected by this project, No above ground structures
exist in the channel and no state scenic highway will be affected.
Based on the nature of this project and its location underground, no potential to impact aesthetics or
visual resources can be identified and no mitigation is required.
II. AGRICULTURE RESOURCES -Would the project:
a. Convert Prime Farmland, Unique Farmland or [] I~ ~ []
Farmland of Statewide Importance (Farmland) to
non-agricultural use?
b. Conflict with existing zoning for agricultural use, or a [] E] E) []
Williamson Act contract?
c. Involve other changes in the existing environment [] (~ E) []
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use?
EV-042/Ini~Jal Study/Ill201 -11- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Seweriine Protection Project INITIAL STU DY
SUBSTANTIATION:
a-c. Soils affected by this project are designated Psamments and Fluvents by the SCS. Such soils are not
designated as agricultural soils by the SCS. The project site is not within an area designated as
agricultural land on Figure 11-1 of the City's General Plan.
The project is located with the channelized bed of City Creek. There is no record of this channel being
used for agricultural uses. The channel is not within an area under a Williamson Act contract. The
project is consistent with the channel's land use designation for flood protection activities.
The project will not increase the existing capacity of the pipeline nor alter its use or the area it serves.
Based on the above, it is concluded this project has no potential to adversely effect any agricultural
resources. No mitigation is required.
III. AIR QUALITY - Where available, the significance
criteria established by the applicable air quality
management or air pollution control distdct may be
relied upon to make the following determinations.
Would the project:
a, Conflict with or obstruct implementation of the D D ~ ·
applicable air quality plan?
b. Violate any air quality standard or contribute E~ I~ · ~
substantially to an existing or projected air quality
violation?
c. Result in a cumulatively considerable net increase of [~ r"l · [~
any criteria pollutant for which the project region is
non attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d. Expose sensitive receptors to substantial pollutant I-I ~ I-i ·
concentrations?
e. Create objectionable odors affecting a substantial I"'l ~) ~ ·
number of people?
SUBSTANTIATION:
a-c. The proposed project is located within the South Coast Air Basin (SCAB). The South Coast Air Quality
Management District (SCAQMD) has jurisdiction over air quality issues and regulations within the
SCAB. The SCAQMD has published its "CEQA Air Quality Handbook" (Handbook) that identifies
threshold values for emissions to assist local agencies in determining if a project's emissions could
pose a significant threat to air quality and air quality standards.
~,,-o42/~.,,,~ studyr,.,.,2o~ -12- TOM DODSON & ASSOCIATES
v
East Valley Water District
City Creek Crossin9 Sewedine Protection Project INITIAL STU DY
This project has the potential to result in some short-term air qualityimpacts. Short-term impacts would
be associated with construction activities. No long-term operations emissions will result from operation
of an underground gravity sewerline.
Construction thresholds of significance are:
ROC (Reactive Organic Compounds) 75 lbs/day or 2.5 tons/quarter
NOx (Nitrogen Oxides) 100 lbs/day or 2.5 tons/quarter
CO (Carbon Monoxide) 550 lbs/day or 24.75 tons/quarter
PM~0 (small particle dust) 150 lbs/day or 6.75 tons/quarter
SOx (Sulphur Oxides) 150 lbs/day or 6.75 tons/quarter
Construction Emissions
Installation of this project will result in the disturbance of about 0.8 acre of land. About 4,500 cy of soil
and rock will be excavated over a +one-week period. It is projected that an excavator, front loader,
and two dump trucks wilt be used. Based on this schedule, it is projected that on a daily basis, about
200 cy of soil and rock will be excavated and stockpiled adjacent to the channel. Utilizing data
provided in Tables A9-5-K-6, A9-9 and A9-8-A of the CEQA Handbook, it is projected that these
activities will generate the following unmitigated emissions:
Daily Total for quarter
CO = 2.8 lbs/day 14 lbs
ROG = 1.1 lbs/day 5.5 lbs
NOx = 12.3 lbs/day 61.5 lbs
SOx = 1.3 lbs/day 6.5 lbs
PM~0 = 47.9 lbs/day 239.5 lbs
These emissions are below SCAQMD thresholds of significance for construction activities.
The CEQA Handbook estimates that proper watering of disturbed soil can reduce PM~o emissions by
about 50 percent, implementation of Mitigation Measure II1-1 below will reduce PM~0 emissions to
about 24 lbs/day or about 120 Ibs for the excavation period.
Once the trench is excavated, concrete and rock will be delivered to the site to construct the sewerline
protection facilities. It is projected construction of the encasement and cradle will take about 5 weeks
and result in the following daily emissions from the delivery of these materials (CEQA Handbook
Table Ag-5-K-6). It is also anticipated the concrete and rock will be delivered from the nearby material
manufacturing plants (less than 2 miles from the site).
Daily Total for quarter
CO = 0.9lbs/day 22.5 lbs
ROG = 0.1 lbs/day 2.5 lbs
NOx = 0.4 lbs/day 10 lbs
PM~0 = 16 lbs/day 400 lbs
These emissions are below SCAQMD thresholds of significance. Once constructed and the concrete
has cured, the stockpiled soil will be used to backfill the trench. These trench backfilling and
compacting activities will result in similar non-significant emissions that were identified for trench
excavations, Once the trench is backfilled and compacted, about 1,000 cy of soil and rock will remain.
(Estimate that about 500 cy will be lost due to trench compaction and the use of excavated rock to
construct the concrete sewerline protection devices.) The excess soil will be primarily sand and gravel
with some rock. This material will be exported by truck to other construction sites, to the nearby sand
EV-042~nitial Study/Ill201 -13- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewerline Protection Project INITIAL STUDY
and gravel processing facilities, or used at the stockpile site. It is projected that exporting this soil and
rock will take about one week. Using data provided in Table A9-5-K-6 of the CEQA Handbook, the
following daily emissions are forecast to result:
Daily Total for quader
CO = 1.4lbs/day 7lbs
ROG = 0.2 lbs/day 1 lb
NOx = 0.7 lbs/day 3.5 lbs
PM~o = 28lbs/day 140 lbs
Applying a 50-percent reduction in PM~o emissions for watering disturbed soil, PM~0 emissions
associated with soil hauling will be reduced to about 14 lbs/day and about 120 lbs for the soil hauling
activities.
Total Quarterly Construction Emissions With Mitigation
CO = 43.5 lbs or 0.02 tons
ROG = 9.0 lbs or negligible
NOx = 13.4lbs or negligible
SOx = 75.0 lbs or 0.4 tons
PM~0 = 660 lbs or 0.3 tons
As can be seen, emissions associated with all phases of construction of these are below SCAQMD
thresholds and are judged to be less than significant.
To mitigate potential impacts to the greatest extent feasible, the following measures shall be
implemented:
111-1 The District shall require the contractor(s) to apply water to disturbed portions of
the project site and soil stockp#e areas at least twice daily, and more often if dust
is observed migrating from the site during land disturbance activities.
111-2 The District's contract with the construction contractor(s) shall require the
contractor(s) to provide verification that all equipment is in proper tune per the
manufacturer's recommendation.
No long-term operations emissions will be associated with this project.
d. The project sites are located several hundred feet from any potential receptors. No sensitive
receptors, such as schools, exist within about one mile of the site. Emissions associated with
construction of the proposed facilities are short-term and minimal. No potential to expose sensitive
receptors to substantial pollutant concentrations will result. Implementation of Mitigation Measures
li1-1 and 111-2 will reduce already non-significant impacts to the greatest extent feasible.
e. The sewerline protection facilities proposed have no potential to generate odors. Construction
equipment exhaust can generate some odors. These odors will be short term, confined to the areas
around construction activities and will be associated with the combustion of petroleum products. Such
odors are common through this urbanized region and will not result in a substantial number of people
being exposed to any new objectionable odors. Compliance with Mitigation Measure Ill-2 will reduce
already non-significant impacts to the greatest extent feasible. It should be noted that this project will
reduce the potential for release of raw sewage and associated odors.
EV-O42./[ni§aiStudy1111201 -14- TOM DODSON & ASSOCIATES
East Valley Water Distdct
City Creek Crossing Sewedine Protection Project IN ITIAL STU DY
IV. BIOLOGICAL RESOURCES - Would the project:
a. Have a substantial adverse effect, either directly or [] · [] []
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian [] · [] []
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Game or US Fish and Wildlife Service?
c. Have a substantial adverse effect on federally [] [~ [] ·
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means?
d. Interfere substantially with the movement of any [] [] · []
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of native wildlife
nursery sites?
e. Conflict with any local policies or ordinances [] r-3 · E)
protecting biological resources, such as a tree
preservation policy or ordinance?
f. Conflict with the provisions of an adopted Habitat r~ ~ I-~ ·
Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional,
or state habitat conservation plan?
SUBSTANTIATION:
a-b. The proposed pipeline protection structure is located within a portion of City Creek that is within the
range of two federally listed as endangered plant species: the slender-horned spinefiower
(Dodechahaema leptoceras) and Santa Ana River woolly-star (Eriastrum densifolium sanctorum). The
California Department of Fish and Game (CDFG) Natural Diversity Data Base (NDDB) documents the
occurrence of the federally and state listed endangered ptant species Nevin's barberry (Berberis
nevissiO on the USGS - Redlands Quadrangle, Ca[ifomia, 7.5 Minute Series (topographic). Parry's
spinefiower (Chorizanthe parryi var. parryi) is an unlisted plant species that is documented to occur
within 3 miles of the proposed project in the Santa Aha Wash.
Both the slender-horned spineflower and Parry's spineflower are diminutive plants that bloom from
early April through June. It is dudng this blooming period these plants are detectable. The Santa Aha
EV-O4~lni~al Study/~20~ -1 5- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing sewerline Protection Project INITIAL STU DY
River woolly-star is a shrub-like plant that typically blooms early June through July, however, this plant
is identifiable throughout the year. Nevin's barberry is a perennial shrub that is readily identifiable year
round.
Field surveys to identify biological resoumes on the project site were conducted by Tom Dodson &
Associates (TDA) in June and September 2001. The results of these surveys were that no sensitive
plant species were detected in the project area. This conclusion is consistent with the results of a June
1998 survey performed by LSA Associates and included in the Fifth Street Bridge tS/EA. A copy of the
TDA biological resources report is available for review at the East Valley Water District office.
Based on the data provided above, it is concluded this project will not adversely effect any sensitive or
listed plant species.
The project site is within proposed designated critical habitat for the San Bernardino kangaroo rat
(SBKR). Previous trapping surveys on and around the project site have confirmed the presence of
SBKR. It is concluded therefore, this project has the potential to affect SBKR. Installation of this
pipeline protection device in City Creek will require that the Distdct to acquire a Streambed Alteration
Agreement from the CDFG under Section 1601 of the State Fish and Game Code.
City Creek is considered "waters of the United States" and alterations to these "waters" must be
permitted under Section 404 of the federal Clean Water Act (404 permit). The U.S. Army Corps of
Engineers (CEE) is vested with the authority to issue 404 permits. Because the project has the
potential to affect federally listed species, the CeE must comply with Section 7 of the federal
Endangered Species Act (ESA) and consult with the U.S. Fish and Wildlife Service (USFWS) prior to
issuing the 404 permit. The USFWS will issue a Biological Opinion on the potential effects of the
proposed project on sensitive biological resources.
The proposed project will result in the temporary disturbance of about 0.80 acre of City Creek channel
and bank. These impacts are considered temporary because the proposed structures will be placed
underground and the channel returned to its pre-project grade and elevation. Of this 0.80 acres,
0.47 acres is located within an area that will be temporarily disturbed by the City of Highlands Fifth
Street Bridge project. The City has mitigated these potential temporary impacts by purchasing credits
in the Cajon Creek Conservation Bank (one credit equals one acre). Temporary impacts were mitigated
on a 2:1 ratio. Therefore, potential temporary impacts associated with this project will be either
0.80 acres or 0.33 acres depending on the timing of the disturbance. Should EVWD construct its project
before the City restores the 0.47 acres disturbed by the bridge project that is within this project
disturbance area, then this project will temporarily disturbed 0.33 acre. If this project is implemented
prior to disturbance by the bridge project or after restoration activities are implemented, then this project
will result in about 0.80 acre of temporary disturbance. The proposed project will also affect about 0.55
acre of "waters of the United States."
To mitigate potential impacts to these biologic resoumes to a less than significant level, the following
measures shall be implemented:
IV-t The District shall purchase mitigation credits from the Cajon Creek Conservation
Bank for temporary impacts to SBKR at a ratio of two credits per acre of disturbance.
Based on the timing of the disturbance, this project will purchase either one or two
credits (acres) in the Cajon Creek Conservation Bank or provide comparable
mitigation.
IV-2 Prior to construction, the limits of construction will be fenced with a 4-foot-high sllt
fence, the bottom of which will be buried below ground to a minimal depth of
EV-042/Ini~a~ Study/~S0~ -1 6- TOM DODSON & ASSOCIATES
East Valley Water District
city Creek Crossing Sewedine Protection Project INITIAL STUDY
12 Inches to prevent SBKR from entering the construction area and to preclude
impacts to habitat outside of the construction limits.
IV-3 The area within the limits of construction will be trapped for SBKR and any trapped
animals will be relocated outside the fenced construction limits.
IV.4 TheDistrictshallprepareandimplementarevegetationplanfortheportionsofthe
creek channel affected by this project,
IV-5 Prior to any land disturbance activities In City Creek, the District shall secure a
U.S. Army Corps of Engineers Section 404 permit and a Cafifornia Department of
Fish and Game StreambedAIteration Agreement, The terms andconditions of the
permit/agreement shall be implemented by the District,
c. A wetland delineation performed on the sites indicate that no riparian vegetation or areas which meet
the COE's three parameter criteria for"wetlands" occur on these sites. The term "wetlands" is defined
in 33 CFR Section 328.3 (7) as
",..those areas that are inundated or saturated by surface or ground water at a frequency
and duration sufficient to support and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generaliy'include swamps, marshes, bog, and similar areas."
Jurisdictional Wetlands are based upon The U.S. Army Cops of Enqineers' Wetland Delineation
Manual, January 1987, Technical Report Y-87-1 (Manual). This Manual outlines a comprehensive
approach based upon the presence of the following three parameters: wetland hydrology, hydrophytic
vegetation and hydric soils.
Wetland hydrology is present if the "sum total of wetness characteristics in areas that are inundated
or have saturated soils for a sufficient duration to support hydrophytic vegetation" (Manual). The
Manual describes inundation greater than one month to be a "very long duration", therefore areas that
were ponded, or were saturated at the surface or within the root zone (usually 1-12 inches) for such
lengths of time, may contain wetland hydrology.
Hydrophytic vegetation is "the sum total of macrophytic plant life growing in water or on a substrate
that is at least periodically deficient in oxygen as a result of excessive water content (Manual). A
positive hydrophytic vegetation indicator is present if the prevalence, characterized by the dominant
species of a plant community or communities, of the vegetation is classified as hydrophytic vegetation.
Dominant plant species are those that contribute more to the character of a plant community than other
species present, as estimated or measured in terms of some ecological parameter (i.e. % cover, %
density, etc.) The hydrophytic vegetation is characterized by plant species that "demonstrated an
ability to achieve maturity and reproduce in an environment where all or portions of the soil within the
root zone become, periodically or continuously, saturated or inundated during the growing season."
(Reed) Th.e National List of Plant Species That Occur in Wetlands is used to determine the indicators
status of the dominant species of a community.
Hydric soil is a "soil that is saturated, flooded or ponded long enough during the growing season to
develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation.
Using this Manual, a wetland determination is made when under"normal circumstances" an area has
all three parameters present. An area is not functioning under normal circumstances if a positive
indicator for one of the three parameters could not be found due to effects of recent human activities.
EV-042/lnltial Study/Ill201 -17- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewedine Protection Project INITIAL STU DY
V
A wetland delineation performed by TDA using COE criteria was performed on the project site. No
portion of the area affected by this project met the COE criteria for wetlands. Therefore, no wetlands
witl be affected by this project. No mitigation is required. A copy of TDA's Wetland Delineation is
available for review at the EVWD office.
d. The City Creek channel is most likely used as a wildlife movement corridor. Implementation of the
project could result in some short-term interference with the movement of wildlife. This interference
would occur during daylight hours and only last a few weeks. Over the long term, the placement of
underground structures have no potential to affect the movement of wildlife. No impact can be
identified and no mitigation required.
e. No known local policies or ordinances protecting biological resources will be affected by tbs project.
The proposed structures will be placed underground and the surface of the channel returned to as near
its pre-project condition as feasible. Mitigation Measures IV-1 through IV-4 are considered adequate
to reduce potential impacts to a less than significant level.
f. The project site is located within proposed designation critical habitat for a federally listed species. At
this time, the designation has not been adopted. However, implementation of Mitigation Measures IV-1
through IV-4 are considered adequate to reduce potential impacts to such habitat to a less than
significant level.
V, CULTURAL RESOURCES - Would the project:
a. Cause a substantial adverse change in the [~ ~ l-I ·
significance of a historical resource as defined in
{}15064.5?
b, Cause a substantial adverse change in the [~ E~ ~ ·
significance of an archaeological resource pursuant
to {}15064.5?
c. Directly or indirectly destroy a unique paleontological I-'1 [:~ · [~
resource or site or unique geologic feature?
d. Disturb any human remains, including those interred ~ I-I · ~
outside of formal cemeteries?
SUBSTANTIATION:
a-b. No above ground structures exist within the portion of the channel affected by this project. Due to
ongoing occurrence of flooding within the channel, virtually no potential exists for histodc resources
to occur on or near the ground surface within the channel. A recent cultural resources sur~ey
performed for a project to replace the existing Fifth Street bridge over City Creek determined that no
cultural resources were detected in the area (Fifth Street Bridge IS/EA).
Based on the above, it is concluded this project has no potential to affect significant historic or
archaeological resources located on or near the ground surface. Some potential does exist for such
resources to occur at depths beneath the channel surface that could be affected by the excavation.
EV-O42/Initlal Siudyllt1201 -1 8- TOM DODSON & ASSOCIATES
~
East Valley Water Distdct
Cibj Creek Crossing Seweriine Protection Project INITIAL STU DY
Due to ongoing scouring of the channel during annual stormfiows, this potential is considered very
unlikely. To mitigate this potential for impact to such resources should they be encountered to the
greatest extent feasible, the following measure shall be implemented:
V-I In the unlikely event that cultural resources are encountered during construction
activities, the District shall require that all work in the area of the find shall cease
and a qualified archaeologist brought to the site to evaluate the find and determine
appropriatemeasures. Thearchaeologist'srecommendationsshallbeimplemented
to provide appropriate mitigation for potential impacts.
c. The soil material in the channel is recent alluvium deposited by the flow of water in the channel. This
material undergoes regular erosion and deposition due to stormflows, Such material has a Iow
potential to contain fossil material. No unique geologic features are known or suspected to occur on
or near the project area. Based on the above, the potential for impact to paleontologic and unique
geologic resources is considered less than significant. To mitigate this potential to the greatest extent
feasible, the following measure shall be implemented:
V.2 Intheunlikelyeventthatpaleontologicresourcesareencounteredduringconstruc-
tion activities, the District shall require all work in the area of the find shall cease
and a qualified paleontologist brought to the site to evaluate the find and determine
appropriate measures. The paleontologist's recommendations shall be
implemented to provide appropriate mitigation for potential impacts.
d. Project implementation will require excavations within the channel, Due to historic stormwater flow in
the channel, the potential for buried human remains to be disturbed is considered minimal. State and
local laws require that if human remains are encountered, the local law enforcement agency (in this
case the San Bernardino County Sheriff's Department acting as the City of Highland Police
Department) be notified. Compliance with these laws is mandatory and considered adequate mitiga-
tion should human remains be encountered.
Ev-042/Initiai Study/Ill201 '19' TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewedine Protection Project INITIAL STU DY
Poten/~ally Less than Less than
VI. GEOLOGY AND SOILS - Would the project:
a. Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
Rupture of a known earthquake fault, as [-} [~ [~ ·
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault?
Strong seismic greundshaking? F'l ~) D ·
Seismic-related ground failure, including I-3 I-3 ~) ·
liquefaction?
Landslides? (~ I-I I'-I ·
b. Result in substantial soil erosion or the loss of [~ · Q ~
topsoil?
c. Be located on a geologic unit or soil that is unstable, F~ r-"l (~ ·
or that would become unstable as a result of the
project, and potentially result in onsite or offsite
landslide, lateral spreading, subsidence, liquefaction
or collapse?
d, Be located on expansive soil creating substantial ~ E~ Q ·
risks to life or property?
e. Have soils incapable of adequately supporting the I'-I [-I F'I ·
use of septic tanks or alternative wastewater
disposal systems where sewers are not available for
the disposal of wastewater?
SUBSTANTIATION:
a. This project involves the protection of an existing sewerline. No above ground or human occupancy
structures are proposed. No structures off the project site will be affected. The project is not within
an Alquist-Priolo Special Studies Zone as shown on Figure 11-4 of the City's General Plan. No potential
for this project to expose people or property to the adverse effects of geologic hazards such as ground
rupture, severe ground shaking, liquefaction or landslides has been identified No mitigation is
required.
b. in the short-term, some potential for increased soit erosion within the channel may exist during
construction activities. However, this potential wi[I only exist if construction activities occur during
periods when a substantial flow of stormwater is present in the channel. As a major stormwater control
EV,O42/Inifial Study1111201 -20- TOM DODSON & ASSOCIATES
'~
East Valley Water District
City Creel( Crossing Sewedine Protection Project INITIAL STU DY
channel large flows in City Creek result in scour and substantial erosion of the sandy channel bottom.
It is because of this ongoing occurrence that EVWD is proposing to construct these pipeline protection
devices.
During lower flows in the channel, material eroded upstream is deposited back into this portion of the
channel replacing the material eroded by larger storm events. This is the natural soil erosion and
deposition regime which occurs within the channel.
As stated above, construction activities have some potential to increase channel erosion if it occurs
during a time that large flows occur. However, due to the volume of sediments carried in such storm-
flows, any increase in erosion or sediments associated with this project would be negligible compared
to that which presently occurs in City Creek. Potential impacts associated with this project are
considered less than significant. The proposed construction activities will affect less than 5 acres and
it will not be necessary for EVWD to secure a National Pollution Discharge Elimination System
(NPDES) permit for construction activities. CEQA does require that all potential impacts be mitigated
to the greatest extent feasible. Therefore, the following measure shall be implemented to further
reduce the effects of less than significant impacts:
Vl-I TheconstructioncontractorshallprepareandimplementaStormWaterPollution
Prevention Plan (SWPPP) which specifies Best Management Practices that will
prevent construction pollutants from contacting stormwater with the intent of
keeping all products of erosion from moving offsite into receiving waters.
The following items should be included in the SWPPP:
The length of trench which can be left open at any given time should be limited to that needed
to reasonably perform construction activities. This will serve to reduce the amount of backfill
stored onsite at any given time.
Backfill material should not be stored in areas which are subject to the erosive flows of water.
Stored backfill material should be covered with water resistant material during periods of heavy
precipitation to reduce the potential for rainfall erosion of stored backfill material, If covering is
not feasible, then measures such as the use of straw bales or sandbags should be used to
capture and hold eroded matedal on the project site for future cleanup.
If feasible, construction activities in the channel shall be implemented during the summer and
fall time periods when runoff in the channel is at its lowest ~evels.
Additionally, implementation of this project will require the District to secure a Streambed Alteration
Agreement from the California Department of Fish and Game (CDFG). Compliance with conditions
of that agreement will further reduce potential impacts.
In the long term, potential impacts associated with soil erosion will be essentially the same that
currently exist, All structures associated with this project will be located underground and no
discharges of substances that could cause erosion wilt result. To mitigate potential impacts to the
greatest extent feasible, the following measure shall be implemented:
VI-2 The area disturbed by this project shall be backfllled, compacted and returned to
as near its pre-project grade and elevation as feasible.
c&d. The soils onsite consist of sand, gravel, cobbles, and rock. These type soils exhibit Iow shrink-swell
potential and are considered good construction materials. No above ground or human occupancy
Ev-o42Jlni~Jal Study/Ill201 -21 - TOM DODSON & ASSOCIATES
East Valley Water District
Cibj Creek Crossing Sewedine Protection Project !NITIAL STU DY
structures are associated with this project. No geologic or soil constraints to this project can be
identified and no mitigation is required.
e. The proposed project does not include the use of septic tanks or alternative wastewater disposal
systems. Therefore, no impacts associated with these systems will result and no mitigation required.
VII. HAZARDS AND HAZARDOUS MATERIALS-
Would the project:
a. Create a significant hazard to the public or the [] I-I · ~1
environment through the routine transport, use, or
disposal of hazardous materials?
b. Create a significant hazard to the public or the [] [] · []
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c. Emit hazardous emissions or handle hazardous or [] [] [] ·
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d. Be located on a site which is included on a list of [] [] ~1 ·
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
e. For a project located within an airport land use plan [] [] [] ·
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard for people
residing or working in the project area?
f. For a project within the vicinity of a private airstrip, [] I-'1 [] ·
would the project result in a safety hazard for people
residing or working in the project area?
g. Impair implementation of or physically interfere with El [] [] ·
an adopted emergency response plan or emergency
evacuation plan?
h. Expose people or structures to a significant risk of [] [~ [] ·
loss, injury or death involving wi[dland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
~ wildlands?
EVq342/Initial Stuay1111201 -22- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewerline Protection Project INITIAL STUDY
SUBSTANTIATION:
a-b. In the short term, the only hazardous materials associated with the project are petroleum products used
by construction equipment. Unmanaged releases of hazardous materials during construction are
readily controlled to a non-significant level of hazard through control or remediation of accidental
releases of petroleum products. Implementation of this project will require securing and complying with
a Streambed Alteration Agreement from CDFG. These agreements contain conditions of approval that
restrict the use and storage of hazardous substances in streambeds. These conditions are considered
adequate to mitigate potential impacts associated with the use of hazardous substances. The following
mitigation measure will be implemented to prevent any significant hazard th rough the "routine transport,
use or disposal~ of also petroleum products during construction.
Vll-I If petroleum products are accidentally released to the environment during any
phase of construction, the area of contamination shall be defined; contaminated soil
or material from the contaminated area shall be removed; and any area exposed to
accidentally released contaminants shall be remediated to a threshold that meets
regulatory requirements established by law or agencies overseeing the remediation.
In the long term, the project has no potential to increase the risk of hazardous conditions. The project
is intended to protect an existing sewerline and thus reduce the risk of release of untreated sewage.
c. The project sit(~ is not located within one-quarter mile of any existing or proposed school. No impact
to existing or proposed schools will result.
d. None of the proposed sites are located on any known hazardous materials site list.
e-f. The project site is not located within or adjacent to an airport or private airstrip. The nearest airport is
San Bernard[no International Airport, located about one mile to the west. No above ground structures
are associated with this project. No airport-related land uses exist within the project area and this
project has no potential to impact such uses.
g. No above-ground structures are proposed. No known emergency response or evacuation plans affect
the proposed project site. No impact to such plans will result.
h. The project does not include human occupancy structures. The proposed facilities will be placed
underground and the project has no potential to expose people or structures to wiidland fires.
~v.04z~,~u=~ S~uy/~20~ -23- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewerline Protection Project INITIAL STU DY
VIII. HYDROLOGY AND WATER QUALITY- Would the
project:
a. Violate any water quality standards or waste discharge I-I CI [] ·
requirements?
b. Substantially deplete groundwater supplies or interfere D D [] ·
substantially with groundwater recharge such that
there would be a net deficit in aquifer volume or a
lowering of the local groundwater table level (e.g., the
production rate of pre-existing nearby wells would drop
to a level which would not support existing land uses
or planned uses for which permits have been
granted)?
c. Substantially alter the existing drainage pattern of the [] ~ I~ ·
site or area, including through the alteration of the
course of a stream or river, in a manner which would
result in substantial erosion or siltation on or offsite?
d. Substantially alter the existing drainage pattern of the El [] F'I ·
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner which
would result in flooding onsite or offsite?
e. Create or contribute runoff water which would exceed I~ ~ [] ·
the capacity of existing or planned stormwater drain-
age systems or provide substantial additional sources
of polluted runoff?
f. Other~vise substantially degrade water quality? 1'3 [~ · []
g. Place housing within a 100-year flood hazard area as E) F'I [~ ·
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
h. Place within a 100-year flood hazard area structures [] Fi ~ ·
which would impede or redirect flood flows?
i. Expose people or structures to a significant risk of O D [] ·
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
j. Inundation by seiche, tsunami, or mudflow? O [~ [] ·
EV-042/Initial Study/Ill201 -24- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewerline Protection Project INITIAL STUDY
SUBSTANTIATION:
a&f. In the long term, this project will be a benefit to water quality and help prevent a violation of waste
discharge requirements by reducing the potential for the release of untreated sewage from the existing
sewer line. in the short term, some potential exists for degradation of water qualitythrough the release
of petroleum products. This potentialwill be mitigated to a non-significant level through implementation
of the conditions contained in the Streambed Alteration Agreement which must be obtained for this
project (see Section IV, Biological Resources and Section VII, Hazards of this Initial Study and
Mitigation Measure VII-l),
b. This project does not include any water extraction facilities nor will it increase the capacity of the
existing sewerline. As such, it has no potential to substantially deplete groundwater supplies or
interfere with groundwater recharge.
c-e. This project is located within an existing major stormwater channel. Some minor alteration of drainage
patterns within the channel may occur during construction of the pipeline protection structures.
However, such alterations will be confined to a small section of the channel (less than 100 feet) and
will not affect or alter drainage patterns in the area. Implementation of the conditions contained in the
Streambed Alteration Agreement and Mitigation Measures VI-1 will reduce potential short-term impacts
to a level of non-significance. In the long term, the project has no potential to affect drainage patterns
or increase runoff. All structures proposed will be placed underground and Mitigation Measure VI-2
requires that the streambed be returned to as near its pre-project condition as feasible. No significant
will result and no further mitigation is required.
g-i. The project is located within a 100-year flood hazard area but no housing or above ground structures
are proposed. Therefore this project has no potential to cause a hazard to people or property from
flooding or impede or redirect flood flows. No mitigation is required.
j. The site is located over 50 miles from the ocean. The project does not include any human occupancy
structures. All structures will be placed underground in a flood control channel. No potential for risk
of exposure of people or property to inundation will result. No mitigation is required.
tX. LAND USE AND PLANNING - Would the project:
a. Physically divide an established community? ~1 [-I [~ ·
b, Conflict with any applicable land use plan, policy, or ~ O F'I ·
regulation of an agency with jurisdiction over the
project (including, but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c. Conflict with any applicable habitat conservation ~ ~ F3 ·
plan or natural community conservation plan?
~.~2a.ia~ Studyml20~ -25- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewerline Protection Project INITIAL STU DY
SUBSTANTIATION:
a. The project is the installation of underground facilities to protect an existing underground pipeline
located within a flood control channel. No potential to divide an existing community will result and no
mitigation is required.
b. The project is located within an existing flood control channel that is designated Open Space (OS) in
the City of Highland General Plan. The proposed facilities are compatible with that designation and
no amendment to land uses or designation are required. No impact can be identified and no mitigation
is required.
c. The proposed project is located within an area that contains sensitive biological resources. The site
is also within proposed designated critical habitat for the San Bernardino kangaroo rat (SBKR).
Potential impacts to habitat in City Creek will be temporary during construction. These impacts are
evaluated in Section iV, Biological Resources of this Initial Study. Mitigation Measure IV-1 is judged
adequate to reduce potential short-term impacts to a level of non-significance,
X. MINERAL RESOURCES - Would the project:
a. Result in the loss of availability of a known mineral [3 E~ FI ·
resource that would be of value to the region and the
residents of the state?
b. Result in the loss of availability of a locally important ~ I~l ~ ·
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
SUBSTANTIATION:
a-b. The only significant mineral resource identified within or near the project site are construction
aggregate materials (sand, gravel, rock, etc.). According to Figure V-1 of the City of Highland General
Plan, the project site is located within a mineral resource zone (MRZ-2) that contains significant mineral
resources. The proposed underground sewerline protection facilities will not affect the current
availability of these deposits. No impact to such resources will result and no mitigation is required.
L~V-04Z/Init~al Study/II1201 -26- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewerline Protection Project INITIAL STUDY
XI. NOISE-Would the project result in:
a. Exposure of persons to or generation of noise levels [] ~ · E]
Jn excess of standards established in the local
general plan or noise ordinance, or applicable
standards of other agencies?
b. Exposure of persons to or generation of excessive [~ [] {~ ·
groundborne vibration or groundbome noise levels?
c. A substantial permanent increase in ambient noise [] [] · []
levels in the project vicinity above levels existing
without the project?
d. A substantial temporary or periodic increase in [] · ~ rq
ambient noise levels in the project vicinity above
levees existing without the project?
e. For a project Io~:ated within an airport land use plan [~ [] [] ·
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or working
in the project area to excessive noise levels?
f. For a project within the vicinity of a private airstrip, ~ ~ r'"l ·
would the project expose people residing or working
in the project area to excessive noise levels?
SUBSTANTIATION:
a-d. In the long term, the underground structures proposed by this project have no potential to generate
noise. No changes to existing noise levels will result from implementation of this project and no
mitigation for long-term noise impacts is required. In the shod term, construction activities will generate
noise from construction equipment and trucks. These increases will be for a few weeks and occur
within an urban area that already experiences substantial noise levels. According to Figure VIJ-I of
the City's General Plan, noise levels along Third Street and the adjacent 210 Freeway aJready exceed
60 dBA CNEL.
A-weighted decibels (dBA) approximate the response to the human ear of a broad frequency noise
source by discriminating against the very Iow and high frequencies of the audible spectrum. A-
weighted decibels reflect those which are audible to the human ear.
Equivalent sound levels are not measured directly but rather calculated from sound pressure levels
typically measured in A-weighted decibels (dBA). The equivalent sound level (Leq) is the constant
levels that, over a given time pedod, transmits the same amount of acoustic energy as the actual time-
varying sound. Equivalent sound levels are the basis for both the Ldn and CNEL scales.
Day-night average sound levels are a measure of the cumulative noise exposure of the community.
The Ldn value results from a summation of hourly Leq's over a 24-hour time period with an increased
~v.0~.~,=~ st. dy/~z0~ -27- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewedine Protection Project INITIAL STUDY
weighting factor applied to the nighttime period between 10:00 p.m. and 7:00 a.m. This noise rating
scheme takes into account those subjectively more annoying noise events which occur during the
normal sleeping hours.
Generally construction equipment can generate noise levels of about 85 dBA at a distance of 50 feet
from the equipment.
Noise diminishes at a rate of about 6 dB for each doubling of the distance from the source, This means
that construction noise levels at the nearest receptors (residences located about 1,000 feet from the
site) will be less than 60 dBA on the exterior of those receptors. This is less than the City of Highland's
noise standard of 65 dBA at the exterior of residences and compatible with existing noise levels.
Construction activities will be short term (a few weeks). The City of Highland Development Code
regulates the generation of construction noise by limiting the time of construction. The City has
determined that implementation of the Development Code regulation is adequate mitigation for short-
term construction noise impacts. To mitigate this potential impact to the greatest extent feasible, the
following measure shall be implemented:
Xl.l The District shall require the construction contractor(s) to limit all construction
activities to no earlier than one-half hour before sunrise and no later than one-half
hour after sunset, Monday through Saturday.
e-f. The project sites are not located within an airport land use plan but is within about one mile of the San
Bernardino International Airport, This project will not place noise receptors on the site nor will it
generate noise that could adversely effect airport operations, Because no impact can be identified,
no mitigation is required.
XII. POPULATION AND HOUSING - Would the project:
a. induce substantial population growth in an area, [~ [] [] ·
either directly (for example, by proposing new
homes and businesses) or indirectly (for example.
through extension of reads or other infrastructure)?
b. Displace substantial numbers of existing housing, [] r-I [] ·
necessitating the construction of replacement
housing elsewhere?
c. Displace substantial numbers of people, [] C) [] ·
necessitating the construction of replacement
housing elsewhere?
SUBSTANTIATION:
a-c. This project does not propose any new housing nor will it displace any housing. The project will not
increase the capacity of the existing sewer system. As such, it has no potential to affect existing or
proposed housing nor induce growth in the area. No mitigation is required.
EV-O42/InifialStUdy/111201 -28- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewerline Protection Project INITIAL STU DY
XIII. PUBLIC SERVICES - Would the project result in
substantial adverse physical impacts associated
with the provision of new or physically altered
governmental facilities, need for new or physically
altered governmental facilities, the construction of
which could cause significant environmental
impacts, in order to maintain acceptable service
ratios, response times or other performance
objectives for any of the public services:
Fire protection? [] [] [] ·
Police protection? i'-t [] r~ ·
Schools? [] [] [] ·
Parks? [] [] [] ·
Other public facilities? I-I [] [] ·
SUBSTANTIATION:
The installation of these underground sewerline protection devices has no potential to adversely affect any
public services. It will not require fire or police protection, generate a need for schools or parks. Because
no impact can be identified, no mitigation is required.
XIV, RECREATION-
a. Would the project increase the use of existing [] I-I [] ·
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b. Does the project include recreational facilities or [] [] I~ ·
require the construction or expansion of recreational
facilities which might have an adverse physical
effect on the environment?
SUBSTANTIATION:
a-b. This project will not increase population or induce growth into the area. The project will not affect any
existing recreational facilities nor create a demand for new or additional recreation facilities. No impact
to recreational opportunities or facilities will result and no mitigation is required.
EV-042/iniUal Study1111201 -29- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewedine Protection Project INITIAL STUDY
XV. TRANSPORTATION/TRAFFIC- Would the project:
a. Cause an increase in traffic which is substantial in [~ r-} · []
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the # of vehicle trips, the volume to capacity
ratio on roads, or congestion at intersections)?
b. Exceed, either individually or cumulatively, a level of I~ ~ · [~
service standard established by the county
congestion management agency for designated
roads or highways?
c. Result in a change in air traffic patterns, including [~ ~ [] ·
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d. Substantially increase hazards due to a design {~ [~ [] ·
feature (e.g., sharp curves or dangerous intersec-
tions) or incompatible uses (e.g., farm equipment)?
e. Result in inadequate emergency access? ~ [~ F'I ·
f. Result in inadequate parking capacity? [] E] I-I ·
g. Conflict with adopted policies, plans, or programs I-I [~ [] ·
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
SUBSTANTIATION:
a,b,
d&f. This project does not propose any new public roads or the reconstruction of any existing public
roadways which could affect traffic. The project will not require any construction or redesign of public
reads. In the short term, construction of the proposed facilities will result in the generation of a
maximum of about 50 additional vehicle trips per day on the adjacent roadways by construction
personnel, the delivery of construction materials and the export of soil. This increase in traffic will be
for a few weeks and will occur throughout the day. This increase is not considered sufficient to affect
the level of service of roadways or result in congestion at any intersection.
Once the project is constructed, the onty traffic that will be generated by this project will be occasional
visits to the site by District personnel to inspect the sewedine. These trips already occur at the existing
pipeline and will not increase traffic volumes. Adequate parking area is available at these sites to
accommodate the parking requirements. No impact to the transportation/circulation system will result
and no mitigation required.
w-o4=~n,~,~ S~,dy~20~ -30- TOM DODSON & ASSOCIATES
East Valley Water Distdct
City Creek Crossing Sewedine Protection Project INITIAL. STU DY
c. No airports will be affected by these underground facilities. These facilities will not generate an
increase in air traffic volumes or affect air traffic patterns. Because no impact can be identified, no
mitigation is required.
e. The project design includes direct access to public roadways which is considered adequate for
emergency purposes.
g. The protection of a sewer pipeline has no potential to impact alternative transportation policies.
XVl.UTILITIES AND SERVICE SYSTEMS - Would the
project:
a. Exceed wastewater treatment requirements of the Fl [] FI ·
applicable Regional Water Quality Control Board?
b. Require or result in the construction of new water or [] I-'1 [] ·
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
c. Require or result in the construction of new storm [] [] [] ·
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d. Have sufficient water supplies available to serve the [-t FI [] ·
project from existing entitlements and resoumes, or
are new or expanded entitlements needed?
e. Result in a determination by the wastewater [] [~ [] ·
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
f. Be served by a landfill(s} with sufficient permitted [] [] · [~
capacity to accommodate the project's solid waste
disposal needs?
g. Comply with federal, state, and local statutes and [] [] [~ ·
regulations related to solid waste?
SUBSTANTIATION:
a-g. This project will not generate any direct or indirect demand for utilities or public services. The project
will benefit the areas wastewater collection and treatment system by reducing the potential for damage
to the existing pipeline.
EV-C~Z~,~,~S~dy/~20~ -31- TOM DODSON & ASSOCIATES
East Valley Water District
Cit~ Creek Crossing Sewer[ine Protection Project IN mag STU DY
The project will not expand the capacity of the District's wastewater collection system only make it more
reliable.
In the short term, the project wiJ[ use water to control dust during construction. The Distdct has an
adequate supply of water to meet the demand without affecting its present supply and distribution
system. No long-term water usage will result.
In the short term, construction activities may generate some small amount of solid wastes. These
volumes will be minimal and have no potential to adversely effect the areas solid waste system. In the
long term, this project will not generate solid waste and therefore will not affect the areas solid waste
collection and disposal system. The project will not generate additional stormwater runoff nor alter the
existing stormwater drainage system. Because no impact to utilities and service systems can be
identified, no mitigation is required.
XVll. MANDATORY FINDINGS OF SIGNIFICANCE -
a. Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
~1~ of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b. Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumula-
tively considerable" means that the incremental
effects of a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects of
probable future projects)?
c. Does the project have environmental effects which ~1 F'} [~ ·
will cause substantial adverse effects on human
beings, either directly or indirectly?
SUBSTANTIATION:
a, The proposed project has some potential to affect listed plant and animal species and to affect
proposed critical habitat for endangered species. This impact will be temporary and adequate
mitigation is provided in this Initial Study to reduce potential impacts to a less than significant level.
No historic resources occur onsite, therefore no impact to such resources wilt result.
b. The proposed project is a stand-alone project that will provide protection to an existing sewer pipeline.
No increase in the capacity of the pipeline will result. Therefore this project has no potential to result
~ in impacts that are individually limited but cumulatively significant.
~v~..[ st.dy/~ 120~ -32- TOM DODSON & ASSOCIATES
East Valley Water District
City Creel< Crossing Sewerline Protection Project INITIAL STU DY
c. The protection of an existing sewedine is viewed as a benefit to human beings. The project will serve
to protect the pipeline from damage or destruction which could release untreated sewage into the
environment. Therefore, the project has no potential to adversely affect humans either directly or
indirectly.
EV-04Z/Inltial Study/111201 -33- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewerline Protection Project INITIAL STU DY
MITIGATION MEASURES:
(Any mitigation measures which ara not "self-monitoring" shall have a Mitigation Monitoring and Reporting Program
prepared and adopted at time of project approvaL)
II1-1 The District shall require the contractor(s) to apply water to disturbed portions of the project
site and soil stockpile areas at least twice daily, and more often if dust is observed migrating
from the site during land disturbance activities.
111-2 The District's contract with the construction contractor(s) shall require the contractor(s) to
provide verification that all equipment is in proper tune per the manufacturer's recommen-
dation.
IV-1 The District shall purchase mitigation credits from the Cajon Creek Conservation Bank for
temporary impacts to SBKR at a ratio of two credits per acre of disturbance. Based on the
timing of the disturbance, this project will purchase either one or two credits (acres) in the
Cajon Creek Conservation Bank or provide comparable mitigation.
iV-2 Prior to construction, the limits of construction witl be fenced with a 4-foot-high silt fence,
the bottom of which will be buried below ground to a minimal depth of 12 inches to prevent
SBKR from entering the construction area and to preclude impacts to habitat outside of the
construction limits.
IV-3 The area within the limits of construction will be trapped for SBKR and any trapped animaIs
will be relocated outside the fenced construction limits.
IV-4 The District shall prepare and implement a revegetation plan for the portions of the creek
channel affected by this project.
IV-5 Prior to any land disturbance activities in City Creek, the District shall secure a U.S. Army
Corps of Engineers Section 404 permit and a California Department of Fish and Game
Streambed Alteration Agreement. The terms and conditions of the permit/agreement shall
be implemented by the District.
V-1 In the unlikely event that cultural resources are encountered during construction activities,
the District shall require that all work in the area of the find shall cease and a qualified
archaeologist brought to the site to evaluate the find and determine appropriate measures.
The archaeologist's recommer~dations shall be implemented to provide appropriate
mitigation for potential impacts.
V-2 In the unlikely event that paleontologic resources are encountered during construction
activities, the District shall require all work in the area of the find shall cease and a qualified
paleontologist brought to the site to evaluate the find and determine appropriate measures.
The paleontologist's recommendations shall be implemented to provide appropriate
mitigation for potential impacts.
EVq342~ni[ial Study/Ill201 -34- TOM DODSON & ASSOCIATES
East Valley Water District
City Creek Crossing Sewerline Protection Project ~NITIAL STU DY
VI-1 The construction contractor shall prepare and implement a Storm Water Pollution
Prevention Plan (SWPPP) which specifies Best Management Practices that will prevent
construction pollutants from contacting stormwater with the intent of keeping all products
of erosion from moving offsite into receiving waters.
VI-2 The area disturbed by this project shall be backfilled, compacted and returned to as near
its pre-project grade and elevation as feasible.
VII-1 if petroleum products are accidentally released to the environment during any phase of
construction, the area of contamination shall be defined; contaminated soil or material from
the contaminated area shall be removed; and any area exposed to accidentally released
contaminants shall be remediated to a threshold that meets regulatory requirements
established by law or agencies overseeing the remediation.
XI-1 The Distdct shall require the construction contractor(s) to limit all construction activities to
no earlier than one-hail hour before sunrise and no later than one-half hour after sunset,
Monday through Saturday.
EV-04?Jlnifial Study/Ill201 -35- TOM DODSON & ASSOCIATES
East Valley Water Distdct
Cit7 Creek Crossing Sewerline Protection Project INITIAL STUDY
REFERENCES:
California Department of Fish and Game, Natural Diversity Data Base
City of Highland, Draft Initial Study / Environmental Assessment Fifth Street Widening and
Replacement of the City Creek Bridge (May 2000)
City of Highland General Plan
South Coast Air Quality Management District, CEQA Air Quality Handbook
Tom Dodson & Associates, General Biological and Focused Slender-homed Spineflower and
Santa Ana Woolly-star Survey Assessment for the Proposed East Valley Water District's
Sewerline Protection Project in City Creek near the 5~h Street Bridge, City of Highland,
California (October 2001)
Tom Dodson & Associates, Wetlands Delineation for the East Valley Water District's City Creek
Crossing Sewedine Protection Project (October 2001 ).
U.S. Department of Agriculture, Soil Conservation Service, Soil Survey San Bernardino County,
Southwestern Part, California
~,'-042/lni6al Study/l 11201 -3 6- TOM DODSON & ASSOCIATES
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EAST VALLEY WATER DISTRICT
DIRECTOR'S FEE AND EXPENSES REPORT
DIRECTOR: DON GOODIN MONTH December, 2001
Meetinqs Claimed:
Board Meetin.qs (Dates) 11
Conferences and Other Meetinc~s
Date: 1 Organization: Awards Banquet Location: Riley's Farm
Date: 4 Organization: Thurs Morn Group Location: Arrowhead CC
Date: 7 Organization: Mtg With Glenn Location: Brass Key
Date: lo Organization: Mtg With Skip Location: Brass Key
Date: 17 Organization: Special Districts Location: Lotus Garden Restaurant
Date: 21 Organization: Mtg with Bob Location: District
Date: Organization: Location:
Date: Organization: Location:
TOTAL MEETINGS 7 X$125.00= $ 875.00
Personal Auto
Date: Function:
Date: Function:
Total $
Lod,qin.q
Date: Function:
Date: Function:
Total $
Meals (Receipts)
Date: 17 Function: Special Oistricts $ 21.50
Date: Function:
Total $ 21.50
Other
Date: Function:
Date: Function:
Total $ -
Total Directors Expenses $ 21.50
Total Directors Fees (Meetings) $ 875.00
Less Advance Payments
Signed
Approved Date of Board Meeting January 8, 2002
7AST VALLEY WATER DISTRICT
DIRE~CTOR'S FEES AND EXPENSE
· Sturgeon
RECTOR. MONTH OF: December 2001
i~(incls CLaimed
,3oa¢ Meeting (Dates): 12/11/01
,..:o~¢erences and Other Meetinqs
Date: i Organization Awards D±nner Location Oak G'ien
Date: 3 Organization SBVHWD Location san Bernard±no
Date:__ 4 Organization Thursday A~ Group Location Arrowhead CC
Date: 5 Organization SAC Location Castaways
Date: 5 Organization Mtg with Steve Location Tartan
Date: 6 Organization Hansberger Breakfast Location Redlands CC
TOTAL Cf OF MEETINGS 6 @125.00 each $. 75o ·00
PerSonal Auto:
Date: Function Attended
Miles × per mile $
Date: Function Attended
Miles x per mile $
TOTAL $ _
: (Receipts attached)
ilDate: Function Attended $
I Date: Function Attended $.
¢ TOTAL $.
Meals: (Receipts attached)
I Date: Function Attended $.
~'Date; Function Attended $.
I TOTAL $
Date: Function Attended $
Date: Function Attended $
Date: Function Attended $
TOTAL $
SUI~MARY:
Total Director's Fees (Meetings) $ 75o.00
Total Director's Expenses $
~ Less any Advance Payments -- $
~,/ " ' TOTAL DUE DIRECTOR $_
~ ...... 750.00
App[oved Oate of Board Meeting
Re: 6th Annual Highland Citrus Harvest Festival
27215 Base Line Dear Business Owner,
Highland, CA 92346
(909) 864-6861
FAX (909)862-3180
www ci.highland ce.us YOU are cordially invited to participate as a vendor in 6th Annual Citrus Harvest
City Council Festival. The event is a one day, family-oriented street festival celebrating the rich citrus
history of Highland. There will be more than 150 vendors and exhibitors, live
Mayor entertaimnent, car show, Historic Home Tour, games, contests and much, much more.
John R. Starbuck The Festival has experienced five successfizl years with last year's attendance estimated
Mayer Pro-Tern at 5,000. Expanded awareness and advertising are is sure to make this year's event
Larry Brown
bigger than ever.
Ray Rucker, Jr.
Brad Sundquist
nhn R Timmer This year's event will be held Saturday, March 30, 2002, from 10:00 a.m. to 3:30 p.m.
~iity Manager in the Highland Historic District at the intersection of Palm Avenue and Main Street, A
sam J. Racadio Rain Date is scheduled for Satin-day, April 6, 2002.
Enclosed is a Citrus Harvest Festival vendor application. If you would like to reserve
space, please complete and return the application as soon as possible. The final deadline
for submittal is March 14, 2002. However, space is limited and booths will be filled on
a first come, first serve basis. Don't wait!
If you have any questions, please call me at (909) 864-8732, extension 210. Thank you.
Sincerely,
Mamun Faruque
Assistant Planner
CITY OF HI HLAP/D
A P/UAL CITI U$ HAFIVEST FESTIYAL
SATURDAY. PlAFICH 2002
APPLICATIONS
The deadline for vendor applications is Monday, March '14, 2002. The Highland
~~ Historic and Cultural Preservation Board ("Board") has the right to review all
applications and merchandise before the applioation is accepted.
ACTIVITY CLASSIFICATION
Read the following classifications carefully. They will be used to determine booth location and booth fees.
* Direct Sales: Vendors selling merchandise including, but not limited to, crafts, apparel,
art, jewelry, toys, collectibles, etc. Activities such as a pony ride, petting zoo and air bounce belong in
this category. Nonprofit Organizations wishing to raise funds through the sale of merchandise, raffles
or similar activity also belong in this category.
* Food Concessions: Vendors selling any food or consumable item. It is the vendor's
responsibility to contact the San Bemardino County Department of Health Services before submitting an
application. Appropriate Health Department permits and verification of insurance shall be submitted with
the application.
* Demonstrators: Demonstrators include persons or groups exhibiting a specific craft, trade, artifact
or hobby (i.e., blacksmith, weaver, sculpture, gem collector, etc.).
* Government and Nonprofit Organizations: Nonprofit organizations, service clubs and
government agencies distributing information only. If the organization wishes to raise funds during
the Festival, it would be classified as Direct Sales. Verification of nonprofit status is required. All vendors
within this classification must dress in period costume (1890-'1940) or exhibit a historical display
at their booth to complement the theme of the Festival.
Final selection of booth locations will be made by the Board following the application deadline on March
14, 2002. It is the Board's discretion to limit the number of vendors in any category. All vendors accepted
will receive written notice of booth location by March 23, 2002.
BOOTI! ]FEES
· Direct Sales - $25 fee per booth space
Nonprofit Organizations and Government Agencies (distributing info. only) - $25 fee per booth
space (refundable with confirmation of historic exhibit or costume).
· Food Concessions - $'100 fee per booth space
* Historic Demonstrators ~ Free
All fees must be paid at the time the application is submitted. Vendors may pay by cash, check or
money order made payable to the CITY OF HIGHLAND. There will be a $20.00 charge for all returned
checks. Please do not mail cash with an application. If you require a booth space larger than 10Xl0', you
will be required to pay full price for each additional space.
PEP, MITS AND DOCUMENTATION
Participants shall comply with all city, county and state permit requirements. It is the responsibility of the
vendor to be aware of all permit requirements, and pay any fees associated with the issuance of such
permits. The following permits shall be on premises during the Festival;
* San Bemardino County Health Permit (food vendors only)
(909) 387-4608 Mon-Fri, 8 a.m, to 9 a.m.
* State Board of Equalization Permit (Sellers Permit) naming 27215 Base Line as the business
location (909) 680-6400
CANCELLATION
The Board recognizes the fact that situations may arise preventing participation. Vendors should inform
the Festival staff 24 hours in advance if they are unable to attend. Failure to provide staff with 24 hours
notice will result in the loss of any fees paid. Refunds will be determined on a case by case basis by the
Board at their regularly scheduled meeting. All deciSions by the Board are final.
RAIN DATE
If weather is very poor, the City will cancel the March 30, 2002 date, and the event will be rescheduled
for April 6, 2002. On April 6, 2002, the Festival will be held "Rain or Shine". Vendors canceling
participation in the Festival on April 6 due to threatening weather shall forfeit all fees paid,
INSURANCE
All Food Vendors and those Direct Sale Vendors conducting an activity (i.e., air bounce, pony ride, petting
~ zoo, etc.) must provide $1,000,000 General Liability Insurance. The enclosed insurance form shall be
completed by the vendor's insurance cdmpany and returned with the application. NO SUBSTITUTIONS
will be acceptedl
Vendors shall procure and maintain for the duration of the event insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Vendor, his agents, representatives, employees or subcontractors. Such insurance shall
include coverage for general liability, automobile liability, and Worker's Compensation if applicable, as
required by State law. Such coverages shall be endorsed to cover the City of Highland and their officers,
employees, and vendors as respects to liability arising out of the activities performed by or on behalf of
the vendor. Such coverage shall be primary as respects to the City of Highland. Vendors shall furnish the
City with certificates of insurance with original endorsements effecting coverage required by this clause
and endorsements shall be to the satisfaction of the City's Risk Manager.
~PACE ALLOCATION
All booths are outdoor. All booths are 10'xl0'. Participants must stay within their booth boundaries. The
sidewalks, planters, and fire lanes must remain clear at ail times. Vendors must present an attractive
display including the use of table drapes long enough to cover any items stored underneath.
Food vendors shah place drop cloth on the ground within the booth area and in any other cooking area
where food or grease may leave residue. Food vendors must remove and take all grease and food
remnants from their booth and Festival area upon dismantling.
~ The Festival staff shall reserve the right to relocate vendors and/or reassign spaces at their discretion.
2
Activities not deemed appropriate or that does not coincide with Festival goals will not be permitted.
STREET CLOSURE, SET UP AND DISMANTLING
Vendors will not be permitted on the Festivai streets before 8:00 a.m. Starting at 8:00 a,m. vendors may
enter and unload at curbside. After unloading, but before setting up, vehicles must be removed from the
street.
Business entrances and their "Private Parking" spaces cannot be blocked at any time.
All vehicles must be off Festival streets by 9:30 a.m. All PARKING RULES AND REGULATIONS WILL
BE STRICTLY ENFORCED. Vendors arriving after 9:30 are not guaranteed access to their spaces, and
shall forfeit any payments made,
Activities shall conclude at 3:30 p.m. Booths shall be dismantled and merchandise packed before
bringing vehicles on the Festival streets. Vehicles will be allowed on the streets for loading only.
Barricades will be removed approximately one half hour after the ccnclusion of the Festival. Blocking
streets is not allowed at any time during the Festival. Vendors shall not start dismantling their booths until
the conclusion of the Festival at 3:30 p.m.
FIIIE LANES
Fire lanes must be maintained during the set up, operation and dismantling of booths. Only people shall
be permitted in fire lanes (no vehicles or motorized vehicles). No tables, risers, or other equipment are
allowed in fire lanes without express written permission by the Fire Department and/or Festival staff.
Participants shall be aware of code requirements and comply; offenders will be cited.
ELECTRICAL & EQUIPMENT REQUIREMENTS
The City will no~t provide electricity, water, tables, chairs, canopies or other equipment. Booths are
outdoors and electricity is not available. Vendors may supply their own generator. Generators must be
kept within the booth space.
If you have any questions regarding the Citrus Harvest Festival, please call (909) 864-6861 ext. 210,
RELEASE OF LIENS
DECEMBER 1, 2001 - DECEMBER 14, 2001
ACCOUNT RELEASE OWNERS PROPERTY AMOUNT
NUMBER DATE NAME ADDRESS OWED
1. 015-0051-2 t2/14/01 23.95
2. 082-0009-7 12/14101 1,137.45
3. 136-0016-0+ 12114101 94.79
4. 151-0009-1 t2/12/01 15.67
5. 161-0014-0 12/14101 83.60
6. 161-0211-1 12/14/01 94.09
TOTAL fl $1,449.55
,~Ii~D THROUGH TAX ROLLS
Page 1 of I
~i~ A~ociaLion of [he ~
~- S~ bem~no County SpecM Di~tnct~
January 21,
Membership
~rsons ~n~ineeri~ ~ciences. s hosti~gr~he first meeting of 2002
at the ~ ~CK~Y~[~O ~tL~o~ in S~n:B~'m~rdino.
~e socM ho~r ~ll ~eSin at 6 p.m. ~th'a 'call'to orde~'af 6:45 p.m. A sit-do~
dinner ~ll b~ se~ed.
~pinach an~ Mushroom Crep~5 ~2~
Ch~s~ca[e wi~h ~[rawbCrw ~auc¢: ~¢~8¢: P¢ca¢: ~¢~ CF ICed Tea
SpeWer: Gu9 ~ellS
Corn Corem Media
Topic: InSiSht 1or ~ici~s and ManaSers _
......................... :::::::::::
::::::::::::::::::::::::::::::::::::::::::::::::::::::: ....................
RSVP to Kathy Campbell by January 14th
Telephone: 828-440-4243
Fax: 828-~0-2702
100 W~st Walanl $l;~tl
Pasadena~ CA 911~4
Distri¢l/Asso¢iat~
Attendees: EntP~e:
REMINDER: There is a 52 surcharge per person for reservations made after the deadline date and coming to the dinner meeting
without having made rese~ations. You will also be billed for the dinner if cancellation is not received PRIOR to the deadline date.
/tx /I~ /t~ /i~ ?lC /lC WIC /lC /l~ /t~ /I~ /l~ /Ix /IN /tN /Ix
San Bemardino Hilton
285 East HospitaliD' Lane ..
San Bemardino, CA 92408
10 Fw~ to Wate~an Avenue ~o~h) exit. Turn n0~h onto Waterman
Avenue. Proceed no~h to Hospitali~ Lane.. W~t, on Hospitali~ to San
Bernardino Hilton (approximately
~ 285 East Hospitality Lane, San Bernardino, CA 92408-34~
~ ~ Cam~ Or
·.....
W Carolin~
The San Bemardino Area Chamber of Comme~ce
Invites You to Attend
Legislative Breakfast
State of the City Address
Featuring
Mayor Judith Valles
Tuesday, February 26, 2002
7:30 a.m.
Hilton San Bemardino
$ 20- Includes Breakfast
Tables of 10 Available $200
This will be the Mayor's only yearly State of the City Address
Reserve early
********************* and Return****************
Yes, I will attend the Legislative Breakfast
Reserve a table of 8 _ (please print additional names on reverse side)
Name Business
Name Name
Phone Please make reservations Enclosed is
Return to: San Bemardino Area Chamber of Commerce
P. O. Box 658
San Bemardino, CA 92402
~~'R~mN~"~~R~~n~~=~'~J~D'IT~M~ ~883'0766
For Board Members, Managers, Secretaries, and Senior Staff
of Special Districts, Cities, Counties, and Non-Profits
A Special District Institute Seminar
* The best seminar on district governance
· Completely updated -- an eTe-openlng educational experience
· Addresses your needs in today's technological and political environment
· Learn how to handle controversial Board Members and difficult constituents
This is the f'zrst in a series of three seminars designed to give you the tools needed to deal with the
challenges facing your district. This seminar incorporates learning and discussion on the latest
techniques and technology for effective district governance.
A Must Attend Seminar For Newly Elected Officials
Catamaran Resort
San Diego, CA
February 28 - March 1, 2002
Accompanying W/orkshops offered February 27th ~ March 2~a'
If you want to manage your district successfully,
attend this unique semma~ It provides the inforrnadon
special district board members, management, and
staff need to be distinctive leaders. New directors
will understand better what their responsibil/des are
for the district, Experienced directors will update 7:30 - 8:00 a.m.
and expand their knowledge. Management, staff, 8:00 - 8:15 Introductions & Opening Remarks
and all directors will network with others and gala 8:15 - 9:15 Effective District Leadership
9:30 - 10:30 Asset Management and Control: Keys to Success
new insights.
10:45 ~ 11:45 Workshop 1 - Financial Issues
THIS PROGRAM IS DEVOTED SOl FJ,Y TO Workshop 2 - Legislative Process
12:00 - 1:30 Keynote Luncheon:
SPECIAL DISTRICT NFJ~,DS. The emphasis is on
New Legislature & Legislation Update
practical and useful informat/on, wh/ch you can
1:45 - 2:45 Special Districts for the 21st Century
take away with you and put to work immediately. 3:00 - 4:00 Planning for Your District's Future
Special consideration is given to the law and how it 4:15 - 5:30 Workshop 1 - Group Decision Making
affects you as special district leaders. Workshop 2 - Internet Access
5:$0 - 6:30 Networking Reception
REGISTER NOW - 800-457-0237
8:30 - 9:00 a.m. Continental Breakfast
9:00 - 10:00 Avoid Brown Act Problems
10:15 - 11:45 On the Right Side of Board & District Law
12:00 - 1:15 Luncheon: Presentation of Certificates
1:30 - 2:45 Build and Maintain Corrtmurdty Support
3:00 - 4:15 Workshop 1 - Press Relations
Workshop 2 - Legal Issues
4:15 - 4:30 Wrap-up Session: Successful Dis~aeict Governance
8:00 - 5:00 Brown Act & Conflict of Interest Laws
Two Optional Workshops Offered
WHAT YOU'LL LRA_RN... WHAT YOU'LL LEARN...
· What matters most in making a good derision · Determine what is and what is not a public record
~' · Frame decisions, identify options, and select the best choices · Procedures for adjourned, committee, and spedal meetings
· Reasons why so many derisions tarn out poorly · Rules for closed sessions, recorcling meetings, and agendas
· How to do better zt evaluating your decision choices · What your liabJSty is as a publ/c offidal
· Avoid traps created by uncertainty and faulty assumptions · How to live within the laws governing your agency
· The best procedures to follow.- who, what, when · How to spot conflicts of interest
Lynn B. Davldson is the President of Direction Focus, a management-consulting firm that he founded in 1984. He assists senior executi,~'es
~ealing with complex strategic decisions and in crafting successful strategies. He has unique expertise in the design and facilitation of
~ategic leadership processes for management teams. Direction Focus clients include companies in a w/de range of industries, incind/ng
aluminum, chemicals, electroulcs, engineering, internet retailing, health care, irrigation, industrial and vehicle safety, leisure services,
manufactm:ing, petroleum, pharmaceuticals, plastics, real estate, remillng, and software. Direction Focus clients also include nonprofit
organ/zations and local government.
Dean Derleth is a Partner in the PubLic Law Department of Best Best & Krieger, LLP's Riverside office. He represents municipal and publ/c
agencies in all aspects of general municipal and public agency law. He is General Counsel to the Rosamond Commtmity Services District and
the Crest Forest Fire Protection District, and the Assistant City Attorney for the Cities of Corona and Culton. Mr. Derleth graduated with
distinction from the University of the Pacific, McGeorge School of Law and was elected to the Order of the Coif, an international academic
honor association. He received his undergraduate degree in Economics from UC Irvine where he graduated cum laude.
Murray Joslin is Founding Director of The Transition Team, speciahzing in outsourcing and communication trans/fions. Mr. Joslin has
consulted for the City of Irvine, and numerous Fortune I000 firms, including McDonnell Douglas, J.C. Penney, Enova, and Bain and Company.
Prior experience in industry includes management positions with Piracy Bowes and Eastman Kodak.
Gregg A. Lowry is a Principal and Co-Founder of Relter Lowry Consultants. He is a registered civil and environmental engineer specializing
in financial management models, project management, and maintenance and infrastructure planning and management. With almost three
decades of experience, Mr. Lowry has held various management positions in the U.S. Navy and Southern California Special Districts. He has
developed a widely used model for dis~ct application in planning, management, and facdifies and eqNpment control.
Dr. Stephen Morgan is an Application Analyst in Government Finaneials for PenpleSofr. A director and past president of the San Rarnon
Valley Fire Protection District, Dr. Morgan is a recognized expert who has conducted extensive research in special district consoLidations artd
privatization issues. Dr. Morgan is a lecturer at the University of Southern California and at California State University In 1996, he received
~-:q Doctorate in Public Administration with an emphasis in PubLic Finance and Intergovernmental lq_elations. Dr. Morgan received bis MA in
~lic Administration from California State Hayward and a BA in History from the University of California, Berkeley.
Janet Morningstar is a Partner in the firm of McCormick, Kidman & Behrens in Costa Mesa, specializing in public law, water law, and rea.[
estate matters. She is General Counsel for Rowland Water District and Associate General Counsel for Municipal Water District of Orange
County. Ms. Morningstar has fifteen years experience in advising governing bodies of local agencies and special districts in such areas as the
Ralph M. Brown Act, the PoLitical Reform Act, the Public Records Act, and the California Environmental Quatity Act. She earned herJD
from the Un/vers/ty of Southern CaLiforNa.
Martin Rauch is President of Ranch Communication Consultants. He leads a team that prepares customized strategic outreach programs.
Outreach products that range from one-page bulletins and fact sheets, to colorfat md informative newsletters, brochures, and web sites. HJ.s
particular specialty is strategizing and implementing direct outreach through one-on-one meetings, public talks, focus groups, citizen's
adv/sory comm/ttees, community presentations, public meetings and conducting strategic planning sessions for Boards and senior managers.
Robert Rauch is a principal Consultant for Rauch Communication Consultants. With over 150 special districts, local agencies, and other
organizations as clients, Mr. Rauch is widely known throughout California. He specializes in plarming and implementing focused pubLic
information programs, providing management consulting, and conducting strategic plarming retreats. With over 30 years experience,.Mr.
Rauch was privileged to serve as a consultant to the XVhite House and has spoken on management topics at numerous universities.
Glenn M. Reiter is a Principal in Reiter Lowry Consultants, a San Diego-based engineering, computer, and financial consulting firm, foanded
in I98I. He has over 40 years experience in local government and special districts. Mr. Relter has been General Manager and Chief Engineer
of a large southern California water district and a Director on the San Diego County Water Authority Board. He speciahzes in financial
planning, the setting of rates and fees, including the financing of capital improvements. A co-founder of the California Special Districts
Association and the Special District Institute, Mr. Reiter is a registered California civil and professional engineer and Life Member of the
American Water Works Association and the National Association of Independent tVmancial Advisors.
l~oert G. Waiters is an Owner/Principal in the legislative advocacy firm of California Advocates, Inc. H/s practice focuses on governmental
law, with an emphasis on legislative representation. Prior to his private practice, his governmental experience includes: Assistant to the
Secretary of the California Human Relations Agency, Executive Officer to the Cahfornia Board of Corrections, Deputy Director and Legal
Counsel for the California State Office of Economic Opportunity, and Executive Assistant to the Majority Floor Leader of the California
State Assembly He has also served as Pres/dent and a Trustee for the San Juan UNtied School District Mr. Walters holds a BA from the
University of California at Los Angeles and received his JD from the San Francisco Law School.
~- '*ecfive District Leadership Avoid Brown Act Problems
~ Glenn M. Reiter, Reiter Lowry Consultants Janet Mornlngstar~ McCormick, Kidman & Behrens
· Keys to effective leadership ' * .-. l~n~rstand the intent and applicafiqn of tire X?:} 5..
· Mmaagement md lei~dership sryl~s - '~ - * :.. l~'~e~t ~laanges to t_he Act . . '::
· The rehfionship of the district and the board to the '.' · Piacfical aspects and highlights of the Aci
public, employees, and other governments '- ' ·-'2 Reakn~ court rulings i.' · ~ )~i... · ·
· Deal with divergent issues and manage change
· Maintain your cool with disruptive board members On the Right Side of Board and District Law
Dean Derleth, Best
Asset Management and Control: Keys to Success
Gregg A. Lowry, Reiter Lowry Consultants
· You are a steward o£ assets
· · The dangers of deferred maintenance
· How do you plan for your infrastructure needs? : > ' .'
· Three goals for effective asset management : · 'Ur~derstand the powers of the board md':6f ~ ~lis~ t
· ' ,': '= Avoid conflicts of interest and preserve tl~i'e~Es:bf
Workshops - Case Studies ' "':the~'oEfice :
1. Financial Issues - fiduciary responsibilities and Build and Maintain Community Support
challengesi ..Prisented By Glenn M. ReSter
2. Legislativ~ Process - learn the roles of the agency and Robert Rauch, Ranch Communication Consultants
lobbyist, and how tc~ use resources to influence Martin Ranch, Ranch Communication Consultants
legislation. Presented by Robert G. Walters "~
. . ~ the
~pecial Districts for the 21*~ Century * ::'::FiS~ {$'deal with vocal act/vist grou~s
Dr. Stephen Morgan, PeopleSoft [ ' '~':~.(io~deli~e} fok dealing wi'th an a~verSe'p~e3~
· Effective~elationships Of special dis~cts with cities, '
counties, and othe~ districts Workshops - Case Studies
· Advantages and disadvantages of reorganizanon ~da . . ....:- ~.~:: ........... : .... . .... ..
~' :: ;1~ .' :Pr~s'Relatmns - develop pracUcal strategies:
!mergers, a~h~nexations, and/~r conso~darions
· The future of 'spedal districts '.~. '.. ~wo~l~g vnth the-press.~ Presented 15y Martin Rauch.~
}:>.': ::,I~ga4,~¢uesdisct~sed earlier, present~d.by::.::.)
Robert Rauch, Ranch Communication Consultants
· -:District missi0n and vision'statements Wrap-up Session: Successful District Governance
· ,..-~at y0ut-district.x~qll be likedn 5-10 years .
· Determine the priority assues of your district
· Develop a plan m address the issues - goals and objectives
Workshops - Case Studies
1. Group Decision Making - a dynam/c session to
improve group decision making. Presented by
Murray Joslin
2.Live Internet - tap into a world of information available
on the Internet: conduct research, search for legislation,
~ and get new ideas. Presented by Dr. Stephen Morgan
Students and Guests Networking Reception
One of the 3 Seminars Needed for Certification
I Catama.r.an Resorts. SanDiego - Hotel Accommodations,,,
~'~ spedal: '
coml~llmearary,premium channels, Web T~, and electroni~
Each Participant Receives...
Comprehensive handbook, all class materials, continental breakfast each day, refreshment breaks, lunch each day,
networking with instructors and peers. Tuition does not include lodging or other meals.
Certification Program...
By attending this seminar, you are automatically enrolled as a candidate for the Certificate Program in Spedal District Leadership
and Management. There is a $35 administrative fee that will be charged with the enrollment of your third Seminar. Seminars can
be taken in any order and must be completed within a three-year period.
Guest Meal Package,.,
Guests may join you for al/meal functions prov/ded a separate meal package is purchased in advance. Your guest wili be g/yen a
xame badge that will allow admittance m all meal functions.
Discounts Available,,,
Y6u are ena~0~l to a I[25 di~cou~nt ~ we Attgndance o~'g~oups of tt~ee or Attelld the Semllla~ and eather 317orkshe,p
rece~ye!y?5!r ~e. gt~,.tig~ ~d p~.~y~.irit .' _- ~gg{:~om~thg s~i br~a~ion, are :: 'and'S aYe $9S 6fg}taha tha Seminar ina
Special Car Rental Discount...
Enterprise Rent-A-Car - spedal arrangements have been Avis Rent-A-Car - discomated rates are available. Cal/Avis
made for reduced car rentals. Call Enterprise at 800-593-0505 at 800-331-1600 reference Account No. D900923 and Rate:
reference Special District Institare and Code No. CD8818. Code: Daily or Weekly - OO.
Special Airline Discounts with,,,
United Airlines offers discounted akfares for this event. Southwest Airlines is offering a 10% discount on most
Call United 800-521-4041 m book your reservations and of its already low fares, for travel m and from ti'ds event.
receive a 5% discount off the lowest applicable discount fare, Call the Southwest Airlines Group and Meeting Reservations
including First Class, or a 10% discount off mid-week coach at 800-433-5368. Reservations must be made at least 5 day's
fares. An additional 5% discount will apply if tickets are prior to travel. Discounts are subject m terms and availability.
purchased at least 60 days in advance of travel date. Use Use Meeting ID No. R9096.
Meeting ID No. 501MP.
Cancellations and Refunds...
ll~l~uition is fully refundable if written cancellahon is received on or before January 7, 2002. Cancellat/ons received m wridng after January 7, 2002
but prior to Febrtmry 11, 2002 are subject m a fee of $50. Full payment is required and no refunds will be granted if cancellation is received on
or after February 11, 2002. Substitutions may be made at any time.
SDI reserves the right to make changes in programs and speakers, or to cancel programs when ¢ond/dons beyond its control prevail. Every effort will
be made to contact each enrollee if a program is cancelled. If a program is not held, SDI's 1/ability is limited to the refund of the program fee only.
ENR O2.,LMENT FC, RM
]FAX: 760-643-1761 * PHONE: 800-457-0237 or 760-643-1760
PO Box 769 * Bonsall, CA 92003-0769
~' Name: Tide:
Agency:
Mailing Address: For Official
Use Only
City: State: Zip:
Phone: Fax:
E-mall: Website:
Guest Name:
(A) $295 Beyond the Basics - Make Better Decisions Workshop
(B) $295 Brown Act & Confl2ct of Interest Laws Workshop
(C) $545 Spedal District Governance Seminar (Two Days)
(D) $745 Seminar + Workshop ($95 savings)
Select One: __ Beyond the Basics or Brown Act & Conflict of Interest Laws
(E) $945 Seminar + both Workshops ($790 savings)
(F) $119 Order Handbook Only - Beyond the Basics - Make Better Decisions
(G) $119 Order Handbook Only - Brown Act & Confl/ct of Interest Laws
(H) $199 Order Handbook Only - Special District Governance Sem~z,~ar
(Handbooks :viii be shipped the ~veek after the event)
(I) $ 50 Guest Meal Package for Workshop
0) $100 Guest Meal Package for Scm/nar
· 10% Discount for attendance for 3 or more from same District
· $25.00 Early registration discount (must receive payment by 1/16/02)
Sub Total of Registration $
Subtract 10% Discount for 3 or more $ (~f app,'cable) Special Needs:
Subtract $25.00 Early Registration $ Of applicable) [3 Wheelchair Access
Certification Fee ($35.00) $ Of applicable) [3 Visually Impaired
Total Registration Fee $ D Hearing Impaired
[] Vegetarian Meals
METHOD OF PAYMENT: Payable to Special District Institute D Other
[] Check Enclosed for $
[] Please Invoice PO#
L~, barge: [] Visa [] M/C Card # +
m ~ (16 numbers + 3 numbers h'sted in the signature area on back of creoh't card)
Sigr~ ~ Expiration Date:
PO Box ~69
~Bo~s~, ~ ~'~03-0769 MR. ROBERT E MARTIN
GENERAL MANAGER/SECRETARY
EAST VALLEY WATER DISTRICT
PO BOX 3q27
SAN BERNARDINO~ Gq 92413-3427
SEWER PROTECTION PLAN I TOM DODSON & ASSOCIATES FIGURE
Environmental Consultants
~1~ Source: Wildan Associates