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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 01/22/2002East Valley Water District 1155 DEL ROSA AVENUE, SAN BERNARDINO, CA REGULAR BOARD MEETING January 22, 2002 2:00 P.M. AGENDA ----------------------------------------------------------------------- "In order to comply with legal requirements for posting of agenda, only those items filed with the District Secretary by 10:00 a.m. on Tuesday prior to the following Tuesday meeting not requiring departmental investigation, will be considered by the Board of Directors ". --------------------------------------------- -------------------- - - - - -- CALL TO ORDER PLEDGE OF ALLEGIANCE 1. Approval of Agenda 2. Public Comments CONSENT CALENDAR 3. Approval of Board Meeting Minutes for January 8, 2002. 4. Approval of Liens for Delinquent Water and Sewer Accounts. 5. Accounts Payable Disbursements: Accounts Payable Checks 4187627 through 4187774 were distributed January 3, 2002 through January 9, 2002 in the amount of $670,341.23. Payroll Checks were distributed January 4, 2002 in the amount of $78,730.53. Total Disbursements and Payroll for the period were $749,071.76. OLD BUSINESS 6. Radon Rule Update. (General Manager) 7. Patton Golf Course — Proposed Lease Amendments with State of California. 8. Discussion and possible action regarding Architectural Services in Support of Developing a Preliminary Design and Cost Estimate for Constructing the District's Headquarters Building and Related Facilities. NEW BUSINESS 9. Discussion and possible action regarding scheduling a tour of District facilities in April (General Manager). 10. Discussion and possible action regarding the time and date for the District's 2002 Budget Workshop (General Manager). H. Discussion and possible action regarding the District's bottled water inventory . REPORTS 12. December 15, 2001 to January 15, 2002 - Releases of Lien for Delinquent Water and Sewer Accounts. 13. Investment Report for December 31, 2001. 14. General Manager's Report 15. Oral Comments from Board of Directors MEETINGS 16. WESTCAS WINTER LEGISLATIVE FORUM — February 20 — 22, 2002, Hyatt Regency, Albuquerque, NM. 17. CMUA 70 ANNUAL CONFERENCE — March 5 — 8, 2002, Double Tree Hotel, Monterey, CA. CLOSED SESSION 18. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) One Potential Case 19, CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code Section 54956(a)] Name of Case: In the matter of the Petition of San Bernardino Valley Municipal Water District and Western Municipal Water District of Riverside Countv to Revise Declaration of Fully Appropriated Stream -Santa Ana River System, State Water Resources Control Board of the State of California Reference No. 333 MFC 266. ANNOUNCEMENT OF CLOSED SESSION ACTIONS ADJOURN 0 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING JANUARY 8, 2002 MINUTES The meeting was called to order at 2:04 p.m. by President Goodin. Director Wilson led the flag salute. PRESENT: Directors: Lightfoot, Sturgeon, Negrete, Wilson, Goodin ABSENT: None 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, Bill Gatlin APPROVAL OF AGENDA M/S/C (Sturgeon-Wilson) that the January 8, 2002 Agenda be approved as submitted. PUBLIC PARTICIPATION President Goodin declared the public participation section of the meeting open at 2:05 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF DECEMBER 11, 2001 BOARD MEETING MINUTES. M/S/C (Witson-Negrete) that the December 11,2001 Board Meeting Minutes be approved as submitted. RESOLUTION 2002.01 - DEDICATION OF WATER DISTRIBUTION SYSTEM WITHIN TRACT 14326-1 was presented to the Board for approval. M/SIC (Wilson-Negrete) that Resolution 2002.01 be approved. RESOLUTION 2002.02 - DEBICATION OF SEWERS WITHIN TRACT 14326-1 was presented to the Board for approval. M/S/C (Wilson-Negrete) that Resolution 2002.02 be approved. RESOLUTION 2002.03 - CONVEYANCE OF NON-EXCLUSIVE EASEMENT FROM S-P EAST HIGHLAND LLC was presented to the Board for approval. M/S/C (Wilson-Negrete) that Resolution 2002.03 be approved, APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. M/S/C (Wilson-Negrete) that the liens for delinquent water and sewer accounts be approved for processing as submitted. FINANCIAL STATEMENT FOR THE PERIOD ENDED NOVEMBER 30, 2001 was presented to the Board for acceptance. M/S/C (Wilson-Negrete) that the Financial Statement for the period ended November 30, 2001 be accepted. DISBURSEMENTS M/S/C (Wilson-Negrete) that General Fund Disbursements #187313 through #187626 distributed December 5, 2001 through December 26, 2001 in the amount of $885,023.46 and Payroll Fund Disbursements distributed December 7, 2001 in the amount of $82,549.85 and December 21, 2001 in the amount of $81,509.07 totaling $1,049,082.38 be approved. RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; that he anticipated meetings in February with Mr. Mehan and staff in Washington D.C. for further discussions on the Radon issue; that Westcas was participating in a conference call, concurrent with this Board Meeting, regarding the Radon Issue. information only. "NOTICE OF APPLICATION ACCEPTANCE" FOR THE ARROYO VERDE MWC PROJECT was presented to the Board for approval. M/S/C (Wilson-Sturgeon) that the "Notice of Application Acceptance" for the Arroyo Verde MWC Project be approved. MINUTES: 01/08/02 "NOTICE OF EXEMPTION" FOR PLANT 39 FLOURIDE BLENDING FACILITIES was presented to the Board for approval. M/S/C (Negrete-Lightfoot) that the "Notice of Exemption" for Plant 39 Fluoride Blending Facilities be approved. 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. Bill Gatlin (Tom Dotson & Associates) presented staff's report, as well as two (2) comment letters received during the comment period, on the project prior to opening the Public Hearing section of the meeting. President Goodin declared the Public Hearing Section of the Board Meeting open. There being no further written or verbal comments, President Goodin recommended that the Public Hearing Section of the Board Meeting be closed and that the adoption of a Negative Declaration, Mitigation Monitoring and Reporting Program, and the filing of the Notice of Determination for the City Creek Crossing Sewer Line Protection Project be considered. DISCUSSION AND POSSIBLE ACTION REGARDING ADOPTION OF A 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. M/S/C(Wilson-Lightfoot) that the Board adopt the Mitigation Monitoring and Reporting Program; and File the Notice of Determination with the County of San Bernardino Clerk of the Board of Supervisors and the State Office of Planning and Research, State Clearinghouse. DIRECTOR'S FEES AND EXPENSES FOR DECEMBER 2001 were presented to the Board for approval. M/S/C (Lightfoot-Negrete) that the Director's fees and expenses for December 2001 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING EVWD'S PARTICIPATION IN THE CITY OF HIGHLAND'S 6TH ANNUAL CITRUS HARVEST FESTIVAL ON MARCH 30, 2002. M/S/C (Sturgeon-Lightfoot) that the District participate in the City of Highland's Annual Festival on March 30, 2002. 3 MINUT£S: 01./08102 DECEMBER 1 - 14, 2001 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on December 1 - 14, 2001 was reviewed. Information only. GENERAL MANAGER'S REPORT The General Manager reported on District operations to date; that Ms. Jeanne Panell, resident at 27839 21st Street, Highland, CA., who had attended the previous Board Meeting to present her billing concerns had received an acceptable and satisfactory explanation; that the Bid Opening for District's Plant #37 replacement will be at 2:00 p.m. on January 23, 2002; that recommendations for Architectural Services for the District's new Headquarters will be presented at the next Board Meeting; that a retirement dinner for Alberta Hess had been planned and that Mary Wallace would be making those reservations; that he would be attending the CMUA Legislative Briefing in Sacramento on the 14th & 15th. information only. ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Negrete stated that he would also be attending the CMUA Legislative Briefing next week in Sacramento. Information only. Director Sturgeon stated that he had to cancel the CMUA meeting next week due to a scheduling conflict. Information only. Director Wilson stated that he would like the District to research the possibility of purchasing a 1954 Truck to be restored and used at Promotional events: ie; 4th of July & Christmas Parade, Highland's Harvest Festival, Route 66 Parade, etc.; that he would also be attending the CMUA Legislative Briefing in Sacramento. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. ASBCSD MEMBERSHIP MEETING-SAN BERNARDINO HILTON, JANUARY 21, 2002. information only. SAN BERNARDINO AREA CHAMBER OF COMMERCE, LEGISLATIVE BREAKFAST, SAN BERNARDINO HILTON, FEBRUARY 26, 2002. Information only. SPECIAL DISTRICT INSTITUTE SEMINAR -"SPECIAL DISTRICT GOVERNANCE", CATAMARAN RESORT, SAN DIECO, CA. FEBRUARY 28 - MARCH 1, 2002. Information only. 4 MINUTES: 0~/0~/02 CLOSED SESSION M/S/C (Lightfoot-Sturgeon) that the meeting adjourn to Closed Session. The Board entered into session at 3:00 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the Agenda. ADJOURN TO REGULAR SESSION M/S/C (Sturgeon-Lightfoot) that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 3:03 p.m. The items listed on the Agenda were discussed in closed session with no reportable action being taken except to approve Common Counsel (Burg Coffin Lewis & Trapp, LLP) for the Gibson PRP Group and authorize contribution of $7119.83 towards the funding of that group. ADJOURN The meeting was adjourned at 3:05 p.m. Donald D. Goodin, President Robert E. Martin, Secretary MINUTES: 0t/08/02 CERTIFICATE OF LiEN JANUARY 22, 2002 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 004-0080-0 $29.84 2. 015-0190-2 $88.60 3. 035-0027-0 $136.15 4. 043-0048-3* $148.07 5. 051-0045-4' $59.43 6. 053-0212-0' $83.45 7, 072-0174-2 $20.77 8, 072-0186-7' $139.11 9. 081-0136-8' $182.08 10. 094-0037-4* $75.84 11. 101-0035-2 $78.25 12. 101-0035-2' $29.50 13. 101-0144-1' $12.87 14. 101-0163-2 $49.74 15, 112-0124-1' $68.82 16. 116-1906-1' $6t.39 17, 127-0468-3 $79.08 18, 132-0246-2 $112.58 19. 136-0292-1' $64.92 20. 142-0174-6 $98.81 Page 1 of 2 21. 161-0100-1 $127.20 22. 164-2768-2' $60.55 TOTAL ~i~//' $1,807.05 * STILL OWNS PROPERTY + MULTIPLE UNITS Page 2 of 2 East Va ' ey Water District TO: BOARD OF DIRECTORS FROM: ALBERTA M. HESS / CHIEF FINANCIAL OFFICER~~// SUBJECT: DISBURSEMENTS DURING THE PERIOD JANUARY 03, 2002 THROUGH JANUARY 09, 2002 CHECK NUMBERS 187627 THROUGH 187774 IN THE AMOUNT OF $ 670,341.23 WERE ISSUED. PAYROLL CHECKS WERE DISTRIBUTED IN THE AMOUNT OF $78,730.53 ON JANUARY 04, 2002. TOTAL OF ACCOUNTS PAYABLE DISBURSEMENTS AND PAYROLL FOR THE PERIOD - $ 749,071.76. 1-1"~-2ffi~2 6:01PH FRC~v~ , E~192322170 P. 2 "~' NOOmGIAN & ASSOCIATES, P;C, ~ [~ (619) 232-21~4 ' SUITE 17~0 ~ ~ ' ' FAC~I~LE . (619) 232-21~0 Jan~ 14, 2~2 Cheryl Carolyn C~i~orni~ State Depar~ent o~ R~I S~cr~mo, CA Re: Stnte L~0se.~umber ~1625. dated Aunust ~5.199~, as nmended ~ovember 12. 1997: State Lease ~umber ~4172, tinted Dee~ber 15~ ]9~9~ as nmended ~ovember 12.1997 November 12.1997. Sublense of State Lense ~umber ~117~ between ~st Vnlle~ Water District and C.n~ffornla ~olf Fur~er to ~e letter sent by CLC, LLC ~ ~e East 'Valley Water Dis~ict on January 2, 2002, and Cheryl's voice mail message on Saintly, ~anuary 5.20~, I ~an report and comment as follows: ~e CLC members met late last w~k to discuss what lease m~ification~ are absolu~ly essential regarding ~e 74 acre le~e in order to obtain f~nci~ to complete working const~ct all necess~ draimge improvemems ~d build a golf fac~ity. Your message indicaed · at ~ i~ requested w~r~ "not in ~e ballp~k~ wi~ changea ~e Sure w~l agree. While we =dersmnd ~e State's ~sition as it gl~s to i$ concerns, in Order ~ eomple~ · is p~ject, outsi& fimnc~g ia a prerequisite. That fi~cing ca~ot be obmM~ ~der presem ~rm of ~e lease. ~e mm remaining (26 years) is simply ~o shoa by conventlo~l and non~nvention~ lending smndaMs. Therefore, ~e request w~ch we ha~ made to extend ~ of ~e lease to ~0 years from the ante or moflifi~tion (imm n~t 1 in m~ ;andy 2, 2002 letZ0 is some~ing wi~out wMeh we ca~ot move ahead. ~e completion da~ of~ proj<~ is presently s~t in the lease at ~uly, 2~.' Any le~er will r~uire a eom~le~ review of ~e leases and ~bleases. No lender will Mhd a loan on a l~ehold wi~ such a prov~ion M ~e lease. Also, no leMer will Mhd a loan where such a provision does not set a r~nable time frame in which to complete ~e project. Therefore, propose July 1,20~ as ~e completion date. CenaiMy, in ~ interest of compromise, Je~g Iuly 1,200¢ as ~e completion date (ra~er ~an July 1,200~) is not unreasomble. Cheryl Allen Carolyn Momsen January 14, 2001 Page 2 In sum, the two revisions in the lease which are esSential to completing this project are an extension of the term and Co) the setting of a new completion date. If your office has no objections to such changes, we will notify Mr. Kennedy's office so that work can begin on seeking such changes through the legislature. If you wish, we can still set up a meeting with you in Sacramento. However, based on the schedules of the members, it will'be difficult to meet before the first or second week of l:ebruary. As for timing, if these changes are to be made, work by Assemblyman Leonard must begin forthwith in order to have thc changes included in the omnibus bill to be presented to the Legislature in the early Spring. Therefore, your immediate response is requested. I will be traveling to Washington DC on Tuesday. January 15~' and returning some time after January 26~'. In my absence, if you need to speak With someone, contact Irwin Mandel at (619) 54045426. We look forward to hearing from you. Very truly yours, KENNETH C. NOORIGIAN KCN/mlf cc: by fax Steve Kennedy, Esq. Robert Martin Frank Lawrence Irwin Mandel Jean-Paul Olmsted Bruce Parks BRUNICK, BATT[:=RSBY, McELHANEY & BECKETT January 14, 2002 CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED TO: Board of Directors EAST VALLEY WATER DISTRICT FROM: Steven M. Kennedy, General Counsel RE: Patton State Hospital Property -- 78-Acre Golf Course Site ("Propertf') Enclosed herewith please find a copy of a le~er from Ken Noorigian dated January 2, 2002, wherein he requests certain changes to Amendment No. I to Lease entered into between the District and the State of California on November 12, 1997 (which amended portions of original Lease No. L-1172 entered into on December 15, 1989), concerning the development of golf course recreational facilities on the above-referenced Property. The revisions proposed by Mr. Noorigian may be summarized as follows: Provision Current Proposed Date of Temfination of October31,2027 March31,2052 Lease Date That Annual Base November 1, 2002 April 1, 2008 Rental Payment Of$18,000 Begins Date That Annual CPI November 1, 2007 April 1, 2012 Adjustment To Base Rental Payment Begins BasePeriodFor AnnualCPI August 2002 August 2007 Adjustment To Base Rental Payment EVWD Board of Directors January 14, 2002 Page 2 Provision Current Proposed Offset For Drainage Shall not apply to the Base Shall apply to not more than Facilities Specifically Rental Payments one-half of the Base Rental Constructed To Protect The payments Hospital Deadline For Completion of July 1, 2000 (although Mr. July 1,2002 (Mr. Noorigian Construction Of Drainage Noorigian's letter omits the probably intended to Facilities and Golf Course changesmadeinAmendment provide that the deadline for No. 2 to Lease that I believe completion of project was entered into between construction should be the District and the State on extended to July 1, 2005) June 30, 2000, which provides that construction of the drainage facilities must be completed by December 31, 2000, and construction of the golf recreation facility must be completed by July 1, 2001) In considering these suggested modifications to the Lease, the Board will recall that the terms and conditions of the District's Sublease on the Property reqff~res Mr. Noorigian's client (as successor in interest to the original sublessee) to assume all of the District's obligations under the Lease, including the annual $18,000 base rental payment to the State, and to pay all of the following to the District: (1) an annual base rent of $30,000 beginning November 1, 2002; (2) a sum equal to 7% of the gross golf revenue generated from the use of the Property; (3) a sum equal to 3% of the gross food and beverage revenue generated from the use of the Property; and (4) an annual commission payment to satisfy the District's financial obligations under its Exclusive Agency Agreement with Tom Owens. Please advise this office as to the manner in which the Board wishes to respond to Mr. Noorigian's correspondence. Enclosure cc: Robert E. Martin, General Manager NOORIGIAN & ASSOCIATES~ P.C. ATYORNEYS ATLAW · '' S~TE 1770 BRUNICK, BAWEESBY. t~lsoadmittedtoW~hington, D.C. SAN DIEGO, CALI~O~ 92101~90~ . __.. ~619) 232-2170 JAN - 7 2002 Janua~ 2, 2002 Steven M. Kennedy, Esq. V~ FACSIMILE ~D 1s~ CLASS U.S. Bmnick, Alvarez & Ba~ersby 1839 Co~ercenter West San Bemardino, California 92408 Re: State Lease Number L-1172, dated December 15, 1989, as amended November 12, 1997 November 12,1997, bet~veen the State of California and the East Valley Water District. Dear Mr. Ke~edy: In keeping with ~e conversations we had at our last meeting, below are co~ents on ' changes to the above captioned lease Number L-1172 ("Master Lease") w~ch we believe are essential to moving this project fo~ard. The sublease be~een the East Valley Water Dis~ct and CLC Developem will need to be changed to reflect the modifications to ~e Master Lease. In a request to Assemblymen Leonard from the EV~, we request the folloMng items be amended: 1. Amendment No. 1 To Lease No. L-1172, states that the Tern of the lease under Para~aph 2 (of the Lease) runs for 30 years co~encing on November 1, 1997 ~d shall te~nate on October 31, 2037. Because this te~ period m~es k impossible to obtain financing on ~e project, we request that the Lease, Paragraph 2 Term, be amended as follows: "Para,apb 2, Te~, as mended in ~endment No. 1 to Lease, dated November 12, 1997, be deleted as ~en ~d changed to read: The te~ of this Lease shall be for 50 years co~encing on April 1, 2002 and shall te~inate on March 31, 2052". Steven M. Kennedy, Esq. December 26, 2001 Page 2 In ¶ 4 to Amendment No. 1 to Lease, Dated November 12, 1997, the original lease payment schedule waived payments for the first five years and commenced an annual $18,000 payment beginning November 1, 2002. In order to allow time to complete the project and provide for a similar hiatus in payments, CLC requests that the Lease, ¶ 4. Rental Payments, be amended as follows: '"Paragraph 4, Rental Payments, as amended in Amendment No 1 To Lease, dated November 22, 1997, be deleted as written and changed to read: The parties agree that the Base Rental rate shall be $18,000 annually, payable in advance on April 1, of each year. All rental payments shall be payable to the Department of Mental Health, Patton State Hospital Patients' Benefit Fund and shall then be distributed as provided by Government Code Section 14672.85. Effective Year 1, April 1, 2002 through and including Year 5, April 1, 2007, the Base Rent payments shall be ZERO AND NO/100 DOLLARS ($0.00). Effective Year 6, April 1, 2008, and thereafter, the annual Base Rental payments shall be EIGHTEEN THOUSAND AND NO/100 DOLLARS ($18,000.00). 3. ¶ 5 to the original Lease and Amendment No. 1 To Lease, dated November 12, 19.!..~_~97 provides for certain Adjustments of Rental Payments. In order to allow the project to become established in the initial operating years, CLC requests that the Lease, ¶ 4 Adjustment of Rental Payments, be amended as follows: "Paragraph 5 Adjustment of Rental Payments, as amended in Amendment No. 1 To Lease, dated November 22, 1997, subparagraph Co.) be deleted as written and changed to read: Co.) Begirm'mg on April 1, 2012 and on April 1st of every year thereafter during the term of this lease, the STATE will automatically increase or decrease the annual Base Rental payable under this lease. The amount of the annual rental adjustment shall be determined by multiplying $18,000.00 by the percentage which the Consumer's Price Index** for Steven M. Kennedy, Esq. December 26, 2001 Page 3 the preceding August increased over or decreased under the same Index for the month of August, 2007 which shall be the base period. Notwithstanding any other provisions contained herein, no CPI adjustments will accrue or be paid during any agreed periods of free rent. In the event the above-mentioned Index is discontinued prior to the expiration of this lease, the STATE shall immediately request the Bureau of Labor Statistics of the U.S. Department of Labor to supply a formula for the conversion of the above- mentioned Index to a similar Index then available; and, said formula shall thenceforth be the basis for computation. **U.S. Bureau of Statistics, Los Angeles-Anaheim- riverside, CA, All Items Series (1982-1~84 -- 100), "All Urban Consumers.'"' "Paragraph 5 Adjustment of Rental Payments, as amended in Amendment No. 1 To Lease, dated November 22, 1997, subparagraph (c.) be deleted as written and changed to read: "It is agreed that construction of the drainage facilities adequate to provide protection of the hospital grounds as set forth in paragraph 12 is a benefit to the STATE. Therefore, STATE agrees that that portion of the drainage facilities specifically constructed for protection of the Hospital shall be offset against the annual Gross Rental Revenues, beginning with year 6. 'The STATE's portion of th total offset for the drainage facilities shall be based on actual costs and in no way shall exceed $2,500,000.00. The drainage facilities offset shall apply to not more than on half the Base Rental payments. 4. In ¶ 6 to Amendment No. 1 to Lease, Dated November 12, 1997, amendin~ ¶ 12, Use Requirements, the completion date for the project is set at July, 2000. To accommodate the delays in obtaining financing, CLC requests that the completion date should be set at July 1,2005 by the following amendment to ¶ 6 to Amendment No. 1 to Lea~e, Dated November 12, 1997, amending ¶ 12, Use Requirements: Steven M. Kennedy, Esq. December 26, 2001 Page 4 "¶ 6 to Amendment No. 1 to Lease, Dated November 12, 1997, amending ~ 12, Use Requirements, is' amended, by deleting the dates "July 1, 2000" as the completion dates for drainage facilities and construction of golf recreation facility respectively, and inserting the date "July I, 2002" in their place. I look forward to your comments. Sincerely, NOORIGIAN & ASSOCIATES, P.C. oorigian, ~. ce: by fax Cheryl Allen & Carolyn Momsen Robert Martin Frank Lawrence Irwin Mandel Jean-Paul Olmsted Bruce Parks East Va ey Water District January 17, 2002 Memorandum To: Board of Directors From: Robert E~ Martin Subject: Preliminary Architectural Design Services The District has issued an RFP for preliminary architectural design services for the Districts' new headquarters facilities. A review committee, consisting of Steve Negrete, Skip Wilson, Paul Dolter and myself has reviewed these proposals. Originally, seven requests for proposals were issued which resulted in four responses. The committee met and reviewed these four proposals and selected two for interviews. These interviews were conducted on Thursday, January 17, 2002. The committee interviewed the firms of Combs, Marr & Associates from Riverside and Gary Miller & Associates from San Bernardino. The unanimous recommendation of this committee is that Gary Miller & Associates be selected to conduct this preliminary design project. I would ask the Board for their concurrence on this recommendation and ask for authority to negotiate a specific preliminary design contract for ultimate review and approval by the Board of Directors. Your consideration in this matter is appreciated. REM: 6ARYW, MILLER ARCHITECT & ASSOCI~,INC. ARCHITECTURE INTERIORS PLANNING December 14, 2001 Robert E, Martin General Manager East Valley Water District P.O. Box 3427 San Bernardino CA 92413 Re: Request for Proposal Dear Mr. Martin: Thank you for the opportunity to submit our qualifications for the above referenced project. Please allow me to respond to the evaluation criteria listed in the Request for Proposal: · EXPERIENCE WITH SIMILAR PROJECTS - o Presently we are providing feasability studies and preliminary design studies for an operations building and a new or renovated headquarters for San Bernardino Valley Water District on south E Street. I urge you to contact Bob Tincher regarding the quality of our service. o Preliminary design services for the City of San Bernardino Municipal Water Department have been done for renovating their 4th floor offices and bill collection area. o During the 17 years our office has been headquartered in San Bernardino we have designed the lion's share of new office space in the city. These projects include the Social Security Building at sixth and Arrowhead and the recently completed INS building on Rialto just west of E Street. o We have performed significant office and industrial projects for the City of San Bernardino, County of San Bernardino and other municipalities in the area, as well as many private companies. o Not just the architect but each member of the project team has considerable experience with this building type. The consultant team we have selected includes firms that have worked with us repeatedly over the years and on projects with similar requirements to yours. These consultants understand our methods, enabling us to provide the quick response required for the expeditious completion requirements of this project. · ABILITY TO PERFORM TASKS EFFICIENTLY AND IN ACCORDANCE WITH DESIGN PROGRAM o First may I urge you to contact our references regarding our service in general and specifically regarding responsiveness, attention, and insight into your needs, priorities, and cost containment. o The key to success in this area is our commitment to you. In this regard we can say with confidence that no other firm will be more devoted to you and the success of this project. We will do what ever it takes to meet your commitments and provide you the information you need to perform your responsibilities. CALIFORNIA UTAH NEVADA ARIZONA 350 West Fifth Street, Suite 201 103 East Social Hall Avenue 2625 Gr~nvalley Parkway, Suite 225 3469 North Christine Ddve San Bemardino, CA 92401 Salt Lake Ci~, UT 84111 Henderson, NV 89014 Prescoft Valley, AZ 86314 Phone: 909/889-4480 Phone: 801/366-9800 Phone: 702/434-9695 Phone: 800/622-9025 Fax: 909/384-9034 Fax: 8011366-9801 Fax: 702/434-9615 Fax: 602/772-9402 genmail~gwmarchitecture.com gwrnaia@earthlink, net gwmarchitecture~aol.com genmail@gwrnarchitecture.com Robert Martin General Manor ~ December 14, 2001 SEVWD Page 2 of 3 0 We have designed numerous office, community and industrial facilities, all of which bid and were built within budget, on time, and in accordance with the stated goals. They are successfully serving the needs of their communities today. o We offer a solid reputation for quality service, timely performance, within budget, and minimum change orders during construction. o Our designs have offered creative solutions to the distinctive requirements of publicly accessed and community based projects. These solutions include: attention getting design that establishes a community and corporate character designs that establish a sense of welcome for guests to the facility. durable and easily maintained materials capable of taking the abuse associated with heavily used public buildings. We have performed significant renovation projects for the City of San Bernardino, County of San Bernardino and other municipalities in the area, as well as many private companies. o This experience has enabled us to develop systematic procedures assuring you the highest quality work, predictable costs and the least amount of disruption to your daily activities during the construction phase. Please allow me to highlight a few additional factors which makes our firm uniquely qualified to perform the required design services. · LOCATION o Close proximity for renovation and tenant improvements is especially important during both design and construction phases. It offers the following advantages: Efficiency in surveying the existing conditions. Efficiency in coordinating with local agencies. Familiarity with local regulatory agencies that will govern the development of this project enables us to anticipate and address issues that might either delay or add cost to the project. · KNOWLEDGE OF CONSTRUCTION COSTS AND ESTIMATES o We perform all costs estimates in house and have a reliable data base of construction costs especially for buildings of this size. o We keep costs under control by effective use of alternative bid items. · KNOWLEDGE OF THE UNIFORM BUILDING CODE o Gary Miller is a member of the International Conference of Building Officials, the organization that writes the Uniform Building Code. o Each staff member attends numerous Code related seminars every year to stay current with all applicable codes. o Our office is well known in the area regarding our thorough understanding of the Code. · OPPORTUNITY TO WORK WITH PRINCIPALS OF THE FIRM o Our medium size assures you that you will work with the founder and principal of the Firm. Gary Miller establishes the scope of work and designs every new project produced by this office. You may also be assured that the principal will attend all public hearings and design meetings. Robert Martin General Marr~r ~ December 14, 2001 SEVWD Page 3 of 3 · UNDERSTANDING OF THE WORK o An administration facility of this nature will likely be the first impression a member of the community will get of EVWD. Therefore the facility must: Be able to attract the attention of visitors and direct them to their appropriate destination with out disturbing the everyday operation of the facility. Communicate a sense of the character and the quality of the organization. Inspire a sense of pride in the community. Communicate a vision for the future of EVWD. Be simple to understand for first time visitors. Meet the operational needs of the users. Be able to keep its pristine appearance in spite of heavy public use o The above can be accomplished through: If the architect clearly understanding the vision of EVVVD as held by the Board of Directors, Staff and Community. o All of this must be done under the scrutiny of the public eye and within proper - governmental process. · INSURANCE o $1,000,000 Errors and Omission coverage provided by Zurich. o $2,000,000 Aggregate $1,000,000 per occurrence General liability We appreciate the opportunity to be considered for this work. We wish you every success in bringing this project to completion. Sincerely, GARY W. MILLER ARCHITECT & AS$OCIA~mMglNC. ARCHITECTURE INTERIORS PLANNING December 14, 2001 Robert E. Martin General Manager East Valley Water District P.O. Box 3427 San Bernardino CA 92413 Re: Request for Proposal for New Headquarters Dear Mr. Martin: We are pleased to submit a proposal for the above referenced project. We propose to provide all services outlined in the EVWD Request For Proposal dated released November 2, 2001. We propose to provide the services on an hourly basis in accordance with the enclosed fee schedule. We estimate the architectural to be approximately ......................... 45,000.00 We also include the services of the consultants named in the RFP. Those services are as follows: Civil Engineering- . ................................................ $5,400.00 Structural Engineering ............................................... 4,900.00 Mechanical Engineering .............................................. 8,600.00 Electrical Engineering ................................................ 5,600.00 If this proposal is acceptable we will prepare a standard AIA contract or await a contract prepared by your staff. Thank you for this opportunity to be of service. Sincerely, ASSOCIATES President / " CALIFORNIA UTAH NEVADA ARIZONA 350 West Fifth Street, Suite 201 103 East Social Hall Avenue 2625 Greenvalley Parkway. Suite 225 3469 North Christine Drive San Bemardino, CA 92401 Salt Lake Ci['/, UT 84111 Henderson, NV 89014 Prescott Valley, AZ 86314 Phone: 909/889~,480 Phone: 801/366-9800 Phone: 702/434-9695 Phone: 800/622-9025 Fax: 909/384-9034 Fax: 801/366-9801 Fax: 702/434-9615 Fax: 602E72-9402 genmail@gwmarchitecture.com 9wmaia@eerthlink.net gwmarchitecture@aol.com genmail@gwmamhitecture.com 12/14/01 18:40 FA~ 9099848059 'I'MAD ~l~Gl~b~5 ~ ~aa~ l~ ~uu~ £N~ I N~ERS 2002 SCHEDULE OF CHARGES FOR MECHANICAL, PLUMBING, I~LECTRICAL AND STRUCTURAL ENGINEERING SERVICES The fee for our serVices will be based on the charges listed below. All fee quotations are applicable for a period of 90 days from the date of the proposal to which this schedule is attached. We reserVe the right to modify these rates upon 30 c~ays advance notice. PERSONNEL/HOURLY RATE Principal Engineer ............................................... $130 Senior CADD Operator ......................... $ 75 Project Manager .................................................. $110 CADD OperatedDraffing ...................... $ 65 Project/Senior Engineer ...................................... $100 Senior Field Representative ................. $ 85 Senior Designer .................................................. $ 80 Field Representative ............................ $ 75 Designer .............................................................. $ 75 Word Proceseor/Cledcal ....................... $ 70 These rates apply to regular time and travel time in the continental United States. A maximum travel time of eight hours will be charged in any day. Overtime, if required in the interest of the project, will be charged at the above rates for professional personnel and at 1.5 times the above rates for ether personnel. Overtime will apply to time ih excess of el§hr hours per weekday and all time on Saturdays, Sundays, and holidays. In the event of adverse weather conditions or other factors beyond our control, a standby charge of four hours per weekday will be made for field persoan, el. Reimbursable expenses ara in addition to personnel rates. Reimbursables will be billed at cost except as noted below. MISCELLANEOUS CHARGES Passenger Car ........................................ $O.40/mile with minimum of ................................... $ ~_0/day Truck ....................................................... $0.50/mile with minimum of ................................... $ §O/day Plotting (excaplf~rln.housa u~e) ....................... $15/sheet Btueprints ....... $2/sheet Photo Copy.,. $ 0.07/page INSURANCE TMAD Engineers maintains Professional Liability, General Liability insurance for bodily injury and property damage with a limit of $1,000,000 per occurrence for its own account and will furnish certificates of such insurance upon request in the event the client desires additionat coverage, we wlll, upon the client's written request, obtain additional insurance at the client's expense. Dec-14-01 04:45P MATHAUDHU ENG 9096865061 P.01 "True Chari~y is the desire to be u~efld to others December 14, 2001 withoul thought of,, recompense. Mr. Gary Miller A1A Arclfitect & Associates, Inc. 350 W. 5m Street, Suite 201 San Berna.rdino. CA 92401 Reference: Easl Valley Municipal Water Districl Dear Gary: We are pleased to sub}nil our proposal to develop s3.'stcre conceptual design and provide preliminaD' conslmction cost estireate for Mechanical and Plumbing ,services. · System Conceptual Dcsign HVAC 40 }Irs. Plmnbing 20 Hrs. · Prelireinary. conslmct cost estimate HVAC & Plumbing 10 Hrs. Based on S.F. 70 Hrs. ~ $100/hr = $7000 · Meetings ($400) x4 = $1600 = $8600 We/lmnk you for Ihe opportunity ~o be of service to Ga~ Miller Architects. We look forward lo working wilh you on the above referenced project. Please call, if any qucslions. Sincerely, MATHAUDHU ENGINEERING, INC. Bun T. So. Principal Accepted by Date BTS:ir 3833 Iurupa Avenue * Riverside, California 925(16-2221 · Telephone (909) 686-I776 · FAX (909) 686-5061 ~ FEE SCHEDULE ~ Gary W. Miller Amhitect & Associates, Inc. 350 West Fifth Street, Ste. 201 San Bernardino, CA 92401 (go9) 889-4480 FAX (909) 384-9034 PROFESSIONAL AND TECHNICAL STAFF: Senior Principal $125.00/hour Cou~'Arbitration Appearance $120.00/hour Deposition* $120/$180/hour Principal $100.00 Associate $85.00/hour Senior Project Manager $70.00/hour Project Manager $65.00/hour Staff Architect $80.00/hour Contract Administrator $54.00/hour Senior Technician $55.00/hour Intermediate Technician $45.00 Junior Technician $35.00/hour Administrative Assistant $45.00/hour Secretarial/Clerical/Intern $25.00/hour Archive Retrieval Fee $40.00 Overtime for hourly personnel will be charge at the base rate of 1.5 per hour for time in excess of 8 hours per weekday or for work on Saturdays, Sundays and holidays. *First 3 hours @ $120.00, $180/hour for each hour or portion thereafter. EXPENSES: 1. Out of pocket expenses, (i.e. photo copies, film development, shipping, blueprints): cost plus 15%. 2. Reproduction done In-house: Blueprints: $.17 per square foot Sepias: $.50 per square foot Mylars: $.84 per square print Plotter Costs: 24 x 36 $39.00/each 30 x 42 $47.00/each Photo Copies: $.15 per 8-1/2'xl 1" or 8-1/2"x14" page, 3. Mileage: $.40 per mile. 4. For work which requires overnight lodging, a per diem charge will be made appropriate to the area, based on actual costs. 5. Outside consultants shall be billed at direct cost plus 5%. INVOICING Invoices will be issued monthly and are payable within 30 days, unless otherwise agreed. Interest of 1-1/2% per month, but not exceeding the maximum rate allowed by law, will be payable on any amounts not paid within 30 days. Payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. Attorney's fees or other cost incurred in collecting any detioq uent amount shall be paid by the client. \Forms\FeeSchedule 4/18/01 RELEASES OF LIEN DECEMBER 15, 2001 - JANUARY 15, 2002 ACCOUNT RELEASE OWNERS PROPERTY AMOUNT NUMBER DATE NAME ADDRESS OWED 1. 002-0032-4 01/15/02 60.93 2. 002-0057-3 01/15/02 78.67' 3. 014-0100-2 01/15/02 500.21 4. 014-0190-8 01115/02 220.21 5. 015-0190-2 01/15102 88.60 6. 015-0246-2 01/15/02 27.95 7. 025-2806-1 01/15/02 33.2."1 8. 035-0085-1 12/20/01 51.36 9. 042-0264-1 01/15/02 117.16 052-0093-1 01/15102 125.04 11. 053-0017-3 01110/02 11.68 12. 062-0050-1 01115102 13.85 13. 071-0029-7 01/15/02 104,23 14. 094-0109-3 01/15/02 88.73 15. 094-0109-4 01115102 79.9!) 16. 102-0136-2 01/15/02 51.18 17. 111-0213-2+ 01/15/02 25.81 18. 122-1062-0 01/15/02 73.33 19. 140-0311-1 01/15/02 67.23 TOTAL ~j~ $1,819.39 I~+PAID THROUGH TAX ROLLS Page 1 of 1 WESTCA$ The Western Coalition of Arid States ProU~lly "~ ~. Afinounces ou~' Winte~ Legislative Forum Februar./20-22, 2002 at Hyatt Regency-Albuquerque $30 Tijeros NW Aibuquerqu¢, N~A 87102 ~¢$~rwiions: 1-800-233-1234 V WESTCA5 is the voice of water quality in the Arid West Dedicated to environmentally conscientious planning of water resources end development of water quality standards for the unique ecosystem of the Arid West WESTCAS Winter Legislative Forum ,_, February 20 - 22, 2002 Hotel Information Hyatt Regency - Albuquerque 330 Tijeras NW Albuquerque, NM 87102 Phone: (505) 842-1234 Reservations: (800) 233-1234 ,- $140/night for single/double occupancy: Rates good 2 days prior & 2 days after conference dates :-- Conveniently located 10 minutes from Albuquerque International Airport, in the heart of downtown Albuquerque. ,- Transportation from the airport by 'The Shuttle" $12-14 one-way, or the "fellow Cab Company - approximately $12 ;- All rooms include: voice mail, computer hookup, dataports, iron, ironing board, AM/FM alarm clock, hairdryer, coffee maker ,,- Outdoor lap pool, health club features sauna, Cybex equipment, free weights exercise cycles, steppers, stair climbers To receive the reduced rate, make reservations before JANUARY 25. 2002 & ME TI N WESTCAS Please, help us keep costs down by answering the following questions: Will you be staying at the hotel? []Yes [] No If so, did you book under WESTCAS block? [3 yes o no Will you join us for all meals? [] yes [] no If no, which meals will you miss? P/ease complete a form for each attendee I Conference Registration Deadline.for early registration is:February 4, 2002 m~ .For members: / [] $150 early registration [] $20 additional dinner* [] $200 late registration [] $20 additional lunch [] meeting fees prepaid [] $35 conference materials** For non-members: [] $150 non-member, first meeting registration [] $255 early registration ~ Free for first time, non-member, New Mexico agency [] $295 late registration Name: (as you'd like it to appear on name badqe) Agency: Address: City, State, Zip: Phone: E-mail Address: Send completed registration form & payment to: WESTCAS cio EMWD Attn: Donna Jacomet For add'l information call (909) 928-3777, ext. 4206 PO Box 8300 FAX Number (909) 928-6160 (forms can be taxed, Pen'is, CA 92572-8300 please indicate when payment will be mailed) Make checks payable to WESTCAS. Sorry, we don't accept credit cards I~*AI] mea],? /ncluded tn reglstrahon fee; add ] mea/.y are forpald attendees &,ue,s'ts who d like lo join u.s' I* *For those who cannot attend but wish to purchase the conference materials JAN IO ?07,?_ California Municipal Utilities Association 915 L Street Suite 1460 . January 2002 Sacramento CA 95814-3705 916/441-1733 · FAX 441-4053 www.cmua.org 70th Annual Co ~ The site for CMUA's ?0th Annual Conference nzerence will be the Double Tree Hotel at Fisherman's Wharf in Monterey. March 5-8, 2002 The focus of the conference will be on water resource development and funding and the Double T~ee Hotel continuing problems in the energy market. at Fisherman's Wharf Following is a general outline of conference Two Po~tola Plaza activities. More detailed information will be Monterey CA 93940 forwarded as the conference nears. 831/649-4511 Registration.and hotel reservation information are enclosed. Reserve your sleeping room by returning the reservation form directly to the Double Tree Hotel by February 3, 2002. This will insure your reservation at our special conference rate of $159 (single/double). Please let us know if you have any questions or suggestions. We look forward Dates to NOTE to seeing you in Monterey. Register with CMUA ~.~ .~, for the Conference by: February ~ 5th - $395 after February 15th - $425 an Hotel Reservation Cut-off irector (CMUA Block Release): February 3rd U*Jtity Reg. UTILITY MANAGER'S The UTILITY MANAGER'S BREAKFASTS are for utility personnel only, providing an informal BREAKFAST atmosphere to discuss current issues. Electric Manager's · Thursday Water Manager's · Friday Please let CMUA know if you have a particular issue for discussion. Electric Manager's Breakfast Thursday, March 7 · 7:30 a.m. Water Manager's Breakfast Friday, March 8 · 7:30 a.m. (~OLF Tuesday, March 5t~ GOLF TOURNAMENT (You MUST be registered for CMUA's conference to participate BLACK HORSE (~OLF COURSE in the tournament) PUTTING & CHIPPING CONTEST 10:00 A.M. TOURNAMENT: 11:30 A.M. SHOTGUN START Cost $95 per person (includes boxed lunch) (Greens fee sponsorship available) Handicap: Provide USGA Handicap (or last 5 scores) Sign-up individually: CMUA's tournament committee will establish pairings - no exceptions. Pairings will be announced at the tournament. Tournament Committee & Prizes Sponsored by Duncan, Weinberg, Genzer & Pembroke; Duncan & Allen; Van Ness Feldman; and Navigant Consulting, Inc. CMUA's 70TM ANNUAL CONFERENCE TENTATIVE AGENDA- March 5-8, 2002 Tuesday, March 5 Thursday, March 7 10:00 CHIPPING & PUTI'ING CONTEST: 7:30 ELECTRIC MANAGER'S BLACK HORSE GOLF COURSE BREAKFAST 11:30 GOLF TOURNAMENT: 8:00 CONTINENTAL BREAKFAST BLACK HORSE GOLF COURSE 9:00- GENERAL SESSIONS- Tournament Committee & Prizes 11:00 PANEL DISCUSSION Sponsored by Duncan, Weinberg, Noort RECEPTION (no host) Genzer & Pembroke; Duncan & Allen; Van Ness Feldman; and t2:30 LUNCH (with speaker) Navigant Consulting, Inc. 2-5:00 COMMITTEE MEETINGS 6-7:30 GET ACQUAINTED RECEPTION 2:00 POLICY MAKERS SEMINAR 6-7:00 RECEPTION Wednesday, March 6 7:00 BANQUET (with entertainment) 7:30 FARECal Board Meeting 8:00 CONTINENTAL BREAKFAST Friday, March 8 9:00 OPENING GENERAL SESSION 7:30 WATER MANAGER'S BREAKFAST 10:00 WASHINGTON UPDATE: 8:00 CONTINENTAL BREAKFAST WATER & ENERGY 9:00 CLOSING BUSINESS SESSION & Noon RECEPTION (no host) CLOSING BOARD OF 12:30 LUNCH (with speaker) GOVERNORS' MEETING 2:00 CONCURRENTSESSlONS 10:00 LEGISLATIVE COMMITTEE PANEL DISCUSSIONS: NOON CONFERENCE ADJOURNMENT WATER & ENERGY 5:00 BOARD OF GOVERNORS' MEETING EVENING OPEN CALIFORNIA MUNIC~t'AL UTILITIES ASSOCIATION 915 L Street Suite 1460 · Sacramento CA · 95814-3705 916/441-1733 · fax 916/441-4053 o www.cmua.org 70th Annual Conference Registration Double Tree Hotel - Monterey, California March 5-8, 2002 (Please complete one,form per individual). Name (for badge) J3tle Companion Name Firm Email Address Telephone Fax Emergency Contact Mailing Address CANCELLATION POLICY: Registration cancellatiorls must be received by 5:00 pm, March 1. 2002. Meal cancellations mu~t be received 43 hours before thc function. Please include payment or billing instmctlon$ with registration. Sorry, no credit cards. MEMBER& ASSOCIATE MEMBERREGISTRATION: $395 Registration received after Friday, February 15, 2002 & on site: $425 (Companion registration complimentary. Registration does not include meals, register for meal functions below.) NON-MEMBER REGISTRATION: $750 The following functions are in addition to the registration fee: TUESDAY, MARCIt 5, 2002 Golf Tournament: $95 g USGA Handicap (or last $ ~re~). (Committ~ will establish pairings). WEDNESDAY, MARCH 6, 2002 Lunch: $35 # TItURSDAY, MARCH 7, 2002 Electric Manager's Breakfast: $2~ - # Lunch: $35 # Banquet: $50 Beef: # Fish: ~t Vegetarian # FRIDAY, MARCIt 8, 2002 Water Manager's Breakfast: $25 # TOTAL $. El Check Enclosed. El Please bill me. Sorry, no credit cards. Please return registration form to CMUA at the above address or fax number. lfyou have a disability that may require accommodation please contact CMUA. DOUBLETREE HOTEL MONTEREY Two Portola Plaza - Monterey, CA 93940 831/649-4511 - Fax 831/649-3109 rservations~doubletreemonterey.com Hotel Reservation Form California Municipal Utilities Association 70th Annual Conference - March 5-8, 2002 (Please make your reservation directly with the hotel). Name Arrival Date: Arrival Time: (Last} (First) Name(s) of Addkiona] Person(s) sharing room: Departure Date: Credit Card Name: Exp: Business Name Credit Card Number: Street Address Name On Card: CitT/Sta~e/Zip ~ Signature Phone ( RATES: [] Single Occupancy $159.00 [] Double Occupancy $159.00 [] Non Smoking Room There is a $20. O0 charge for each additional person per night. Children under years are free. There is a $20 fee per night.for rollaways. Reservations must be received by February 3, 2002 (CiVIUA Room Block will be released at that time). Please remit one nights room deposit or complete credit card information above. Deposit is refundable if cancellation notice is received 24 hours prior to the arrival date. Based on availability, the above special rates will apply 3 days before and after the official conference dates. Rates subject to city hotel tax, currently at Check-in time is 3:00 p.m., Check-out time is 12:00 noon. Have you been our guest previously? [] Yes [] No The Double Tree Hotel Monterey is a complete resort hotel in the heart of historic Monterey, only mbttttes to legendary Cannery Row, Monterey Bay Aquarium, Maritime Museum an)picturesque Carmel and Pebble Beach. EVVVD Community Calendar Date Event 1/31/2002 94th Annual Installation Dinner San Bemardino Area Chamber of Commerce National Orange Show 5:30 p.m. 2/9/2002 Chocolate Fantasy Redlands Chamber Omon Center, Univemity of Redlands 3/12-17/2002 Redlands International Bicycle Classic 3/15/2002 San Gorgonio High School Renaissance Days 3/23/2002 Redlands Chamber Easter Parade 3/30/2002 Citrus Harvest Festival 4/2~1/2002 Run through Redlands 4/21/2002 Environmental Expo CSUSB May-02 Gourmet Grazing 6/4/2002 Redlands 4th Parade 6/4/2002 Highland Chamber 4th Parade 81118/B2 18:51:32 ~t~A-> Robert E. Hart.ia Page 881 AL WA REGULATORY ADVISORY Association of California Water Agencies · 916,441.4545 * fax 916,325.2316 * www,acwanet.com January 18, 2002 ACWA Reg,,latory Advisory 02-02 (4 pages total) PERCHLORATE ACTION LEVEL LOWERED TODAY Today, the California Department of Health Services (DHS) lowered its action level for perchlorate in drinking water from 18 parts per billion (ppb) to 4 ppb. DHS took this action in response to a report released today by' the U.$. ]~nvironmental Protection Agency (EPA) on the ris~ associated with perchlorate in drinking water. The EPA report, titled "Perchlorate Environmental Contamination: Toxicological B. cvicw and g. isk Characterization", proposes a draft perchlorate reference dose, a number that has no regulator)' weight but will play a factor in any new standard. USE?A is issuing this repot~ for public commits which arc duc on Fcbmary 11, 2002, The report can be acccsscd from thc EPA web site at www,eua, eov/ncea under "what's new". There is currently no federal or state drinking water standard for pcrchlorate, only a California action level. The DHS action level is not a drinking water standard. While DHS is considerini a drinking water standard, it will oi~en identify a level at which a contaminan! may pose a risk. Any' water system that exceeds this action level must notify its local $ovemmcnts and DH$ recommends that consumers also be notified. Perchlorate is listed on the unrelpflatcd conm-ninant monitorin~ list, which requires vulnerable systems to routinely monitor for the contaminant. You should be familiar with your percMorate monitoring plan and the results of any perchlorate monitoring that has been done. If your system exceeds the new perchlorate action level of 4 ppb, you should consult with your D~IS district engineer regarding your plans to notify local government and/or consumers. Attached to this advisory is a Question & Answ=r paper on perchlorate prepared by DHS. You can learn more about perchlorate and thc occurrence of it in California by visitinS the DHS web site at ~.dhs, ca. oev/os/ddwem/ch e mical~/~CWhl- ACWA will continue to pass alons information on this subjcct as it becomes available. In thc meantime, if you ha~/c any more questions, feel fi'cc to contact Krista Clark at kristac~acwan~t.com 01' 91 ~-441-4545. For more information: see the OHS website: http:llwww,~hs.ca.govlps/ddwsm/chemiCalslchemindex.htm QUESTIONS AND ANSWERS PERCH LORATE.--JANUARY 2002 What has US EPA done with perchlorate arid why Is It Important? EPA's National Center for Environmental Assessment (NCEA) just released a revised draft risk assessment for perchlorate, a chemical that has c~ntamtnatad ground and surface water supplies in California and around the country. The January 2002 report concludes that the health risks associated with perchlorate are greater than presented in its 1998 draft assessment, THIS PARAGRAPH IS REVISED: Typical risk assessment calculations baaed upon the 1998 draft suggest that 32 micrograms per liter, or parts per billion (ppb) would be a level that would not pose a health dsk to the adult, and about 10 ppb for the child. Similar calculations based en the 2002 report resuli in a considerably lower level, approximately 1 ppb for the adult, and about 0.3 ppb for the child, The NCEA report is availabIe on the lnternet at ht~p:llwww.epa,govlncea, What Is perchlorate? Perchlorete is an Inorganic chemical that is used in the solid rocket propellants, fireworks, and explosives. It is also has a variety of industrial uses---on a large scale as a component of air bag inflators, and also In nuclear reactors and electronic tubes, as additives in lubricating oils, in tanning and finishing leather, in fabrics and dyes, and in electroplatlng, aluminum refining, rubber manufacture, and the production of paints and enamels, Exposures to perchlorate can result {n risks to human health. What is the human health concern'~ PerchJorate Inlerferes with the ability of the thyroid gland to utilize recline to produce thyroid hormones. Thyroid hormones ere needed for normal prenatal and postnatal growth and development, and for normal metabolic function in the adult, How does this affect Californians? Since 1997. when DHS' Sanitation and Radiation Laboratory improved Ihs analytical methods for perchlorate so that Iow levels could be detected, perchlorata has been found to be a drinking water contaminant. It has been found in drinking water walls both In northern California and'in southern California. Most of this contamination appears t~ be the result of historic activities in the aerospace industry. The Colorado River. a source of drinking water for many Californians, is also contaminated with perchlorate. The origin of this perchlorate is a former ammonium perchlorale manufacturing facility in Nevada. Hew many sources.of drinking water hays been affected? In 1997 DH$ sampled a number of wells, and in 1997-1998 some water systems voluntarily pedormed monitoring. Since 199g, DHS has required water systems to monitor for perchlorate lo determine the extent or its presence. Monitoring drinking water sources (mostly we}Is) has shown perchlorale to be detected in the following counties: Los Ange{es (34 public water systems, 102 sources), San Bernardino (12 systems, 54 sources), Rivers)de (6 systems, 39 sources), Sacramento (3 systems, 15sources). Orange (8 systems, t5 sources), and others (3 systems. 4 sources). The numbers of wells that exceeded the 18-ppb action level are 23 in Los Angeles County, 12 in San Bemardino County, 10 in Sacramento County, and 5 in Riverside County. Rare}y was any of this water served to consumers. Most often wells were taken out of service or blended to meet the action level. Why Is there no drinking water standard for perohlorate? Prior to 1997 perchlorate was not been a common contaminant, so no federal or state drinking water standards existed. As a result of parchlorate find]rigs in Sacramento County and subsequently in southern California, DH$ established an 18-ppb advisory Action Level. This was derived from US EPA reports from 1992 and 1995 from which a calculated 4- to 18-ppb range resu}ted. What is the Department of Health Services doing In response to the EPA assessment? When an action level is exceeded in a well, water systems are required to notify local government agencies such as the CountY Board of SupervisorS or the City Council. DH$ also recommends consumers notification whenever the action level is exceeded in their drinking water supply, and removal of the drinking water source from service if the concentration exceeds 10 times tha action level. (For perchlorate this was 10 times the lower end of the 4- to 18-ppb range, or40 ppb). As a result o{~ NCEA's report, DHS has reduced its advisory action level for perchlorate to 4 ppb. This 4-ppb level is the level of that corresponds to a detection level (ca{led the detection level for purposes of reporting, the DLR, which is a {eve[ at which DHS is confident about the quantity of perchlorate that is present). The 4-ppb action level is considered proteclive for the adult, pregnant woman, infant, and child. DHS intends to adopt a drinking water standard of perchlorate. This will likely occur by 2004. Why does it take till 2004 for a standard? State law dictates the regulatory process, For DH$ to adopt an MCL, it must have a public health goal (PHG) for the contaminant. A PHG is being developed by the Office of Environmental Health Hazard Assessment (OEHHA) in the California Environmental Protection §I/1B/BZ 1B:SB:36 ACTA-> Ro&crt ~. Halrin Fa~e OB~ Agency. OEHHA's draft PHG for perchlorate is anticipated early in 2002 and a final PHG later in 2002. Once the PHG is final, DHS will propose an MCL. The MCL includes evaluations of the costs of analyses and [reatment, and a~ opportunity for public comment. The adoption of an MCL follows the Administrative Procedure Act, and the process es[ablished by the Office of Administrative Law. This process gel3erally takes about a year. What about people who drank water with psrchlorate above 4 ppb but lower than 18 ppb In the past? OHS does not believe any health effects would resul[ from perchlorate exposures above 4 ppb but below 18-ppb, since the 18-ppb is lower than the level at which adverse health effects would be anticipated. However, the 18-ppb value does not provide as large a protective buffer as DHS prefers to maintain, which is why the actton level is being lowered. Where is there more Information? For more information: http:llwww.dhs.ca.govlpslddwemlchemicalslchemindex.htm The DHS webelte has links to EPA and NCEA websites.