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Home My WebLink AboutAgenda Packet - EVWD Board of Directors - 07/09/2002East Valley Water District 1155 DEL ROSA AVENUE, SAN BERNARDINO, CA. REGULAR BOARD MEETING July 9, 2002 2:00 p.m. AGENDA "In order to comply with legal requirements for posting of the agenda, only those items filed with the District Secretary by 10:00 a.m. on Wednesday 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 June 25, 2002. 4. Approval of Liens for Delinquent Water and Sewer Accounts. 5. Accounts Payable Disbursements issued during the period of June 21, 2002 through June 28, 2002 totaling $168,404.73: Accounts Payable Checks #189735 through #189807 in the amount of $84,539.74; Payroll Checks for period ended June 21, 2002 in the amount of $83,864.99. OLD BUSINESS 6. Radon Rule Update 7. Agreement to form the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan Task Force. Discussion and possible action. 8. Comments by Water Purveyors on the Draft Environmental Assessment issued by the Federal Energy Regulatory Commission (FERC). NEW BUSINESS 9. Directors fees and expenses for June 2002. 10. Request from Lorie Allen to address the Board and ask questions about various issues. REPORTS 11. July 1, 2002 - Releases of Lien for Delinquent Water and Sewer Accounts. 12. General Manager's Report 13. Oral Comments from Board of Directors. CORRESPONDENCE 14. Correspondence from Margaret Wright regarding an overflow at the Wright/Kiel Weir Box on June 21, 2002. MEETINGS 15. ASBCSD MEMBERSHIP MEETING - Pine Knot Landing at Big Bear Lake, July 15, 2002. 16. CSDA'S ANNUAL CONFERENCE - Westin Horton Plaza, San Diego, CA., September 24 -26, 2002. 17. SPECIAL DISTRICT ADMINISTRATION - Caesars Resort Lake Tahoe, October 10 -11, 2002. CLOSED SESSION 18. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9(c): One Potential Case 19. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Government Code Section 54956.9(a)] Name of Case: In the Matter of Petitions to Revise Declaration of Appropriated Streams to Allow Processing of Specified Applications to Appr Water from the Santa Ana River, State Water Resources Control Board App'. Nos. 31174 and A031165. ANNOUNCEMENT OF CLOSED SESSION ACTIONS ADJOURN DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING JUNE 25, 2002 MINUTES The meeting was called to order at 2:03 p.m. by President Goodin. Steve Kennedy led the flag salute. PRESENT: Directors Lightfoot, Wilson, Goodin ABSENT: Directors Negrete, Sturgeon STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Mary Wallace, Administrative Assistant. LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews APPROVAL OF AGENDA Legal Counsel requested that the following Closed Session Item: 22, CONFERENCE WiTH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c): One Potential Case be added to the Agenda as the need to add the items arose after the Agenda had been posted. M/S/C {Lightfoot-Wilson) that the June 25, 2002 Agenda be approved with revision recommended by Legal counsel. 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 par[icipation section was closed. APPROVAL OF JUNE 11, 2002 BOARD MEETING MINUTES. M/S/C (Lightfoot-Wilson) that the September 19, 2000 Board Meeting Minutes be approved as submitted. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The General Manager stated that the charges identified by Acceunt Number:IS30355-1 had been paid and should be removed from the lien list. M/S/C (Lightfoot-Wilson) that the liens for delinquent water and sewer accounts be approved for processing with the exception as noted by the General Manager. DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND SUNCOR DEVELOPMENT TO PROVIDE SEWER SERVICE TO ONE (1) COMMERCIAL UNIT LOCATED AT 1634 E. HIGHLAND AVENUE IN THE CITY OF SAN BERNARDINO was presented to the Board for approval. M/S/C (Lightfoot-Wilson) that the Development Agreement between East Valley Water District and Suncor Development be approved. RESOLUTION 2002.26 - DEDICATION OF WATER DISTRIBUTION SYSTEM WITHIN TRACT 15985-1 IN THE CITY OF HIGHLAND was presented to the Board for approval. M/S/C (Lightfoot-Wilson) that Resolution 2002.26 be approved. RESOLUTION 2002.27 - AUTHORIZE EXECUTION OF A GRANT DEED FROM S-P EAST HIGHLANDS, LLC was presented to the Board for approval. M/S/C (Lightfoot-Wilson) that Resolution 2002.27 be approved. RESOLUTION 2002.28 - CONVEYANCE OF NON-EXCLUSIVE EASEMENT FROM S-P EAST HIGHLANDS, LLC FOR PLANT 148 was presented to the Board for acceptance. M/S/C (Lightfoot-Wilson) that Resolution 2002,28 be accepted. RESOLUTION 2002.29 - CONVEYANCE OF NON-EXCLUSIVE EASEMENT FROM S- P EAST HIGHLANDS, LLC FOR PLANT 140 was presented to the Board for acceptance. M/S/C (Lightfoot-Wilson) that Resolution 2002.29 be accepted. 2 MINUTES: 06/25/02 REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR THE PERIOD ENDED MAY 31, 2002. M/S/C (Lightfoot-Wilson) that the Financial Statements for period ended May 31, 2002 be accepted as submitted. DISBURSEMENTS M/S/C (Lightfoot-Wilson) that General Fund Disbursements #189394 through #189734 distril~uted June 5, 2002 through June 20, 2002 in the amount of $1,858,359.29 and Payroll Fund Disbursements for period ended June 7, 2002 in the amount of $80,283.70 totaling $1,938,643.08 be approved. RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; that the rule was a topic at the recent AWWA Conference in New Orleans and the Westcas Conference in San Diego; that the proposed Radon language is before the sub- committee and will probably be "marked-up" next month. Information only. DISCUSSION AND POSSIBLE ACTION REGARDING THE MOU BETWEEN EVWD AND THE SBPEA. A Draft of the MOU was presented to the Board for review. Legal counsel recommended some language revisions to ARTICLE II and language deletions to Article XXll of the MOU. M/S/C (Wilson-Li§hffoot) that the MOU between EVWD and the SBPEA be adopted as amended. CLAIM FOR DAMAGES AT 27247 PACIFIC, HIGHLAND, CA BY ETHEL M. MICKEL. M/S/C (Wilson-Lightfoot) that the claim for damages at 27247 Pacific from Ethel M. Mickel be denied and referred to District's Legal counsel and Insurance Agency. PROPOSED 2002-2003 BUDGET was presented to the Board for approval. M/S/C (Lightfoot-Wilson) that the proposed 2002-2003 Budget be approved, DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FROM H & H CITRUS AND DAVID EADY TO EXTEND THE LEASE AND SUBLEASE ON THE WEBSTER STREET PROPERTY. 3 MINUTES: 06125102 The General Manager recommended approval of the request from H & H Citrus and David Eady to extend the Lease and Sublease on the Webster Street Property to October 31,2002. M/S/C (Lightfoot-Wilson) that the request to extend the Lease and Sublease be approved. AGREEMENT TO FORM THE UPPER SANTA ANA RIVER WASH LAND MANAGEMENT AND HABITAT CONSERVATION PLAN TASK FORCE, The General Manager recommended the item be deferred to the next regularly scheduled Board Meeting on July 9, 2002. No action was taken. DISCUSSION AND POSSIBLE ACTION REGARDING DIRECTORS PARTICIPATION IN PERS, Staff and Legal Counsel were directed to do further research into the item: (ie; Legal issues & questions as to whether the same benefits were extended to Directors as Employees) and defer action until then. No action was taken. JUNE 17, 2002 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on June 17, 2002 was reviewed. Information only. GENERAL MANAGER'S REPORT The General Manager reported on District operations to date; that it was anticipated that DHS would be developing a Perchlorate Standard that could require installation of expensive treatment systems by water districts for Perchlorate remediation; that the winning posters from the recent contest will soon be available for viewing on the District's Web Site; that progress was being made on the District's upcoming Perchlorate Conference. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS, Director Lightfoot stated that he would unavailable from June 30th to July 7th. Information only. Director Wilson stated that he had been at Cole School for their "Poster Contest" presentation; that he will continue efforts to gain support from elected officials on the Radon issue. Information only. 4 MINUTES: 06/25/02 Director Goodin stated that, during the Westcas Conference in San Diego, Robert Martin had been the recipient of Westcas' Distinguished Service Award. Information only. There being no verbal or written comments from the Directors, this section of the meeting was closed. CLOSED SESSION M/S/C (Lightfoot-Wilson that the meeting adjourn to Closed Session. The Board entered into session at 3:12 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss the item added to the Agenda. ADJOURN TO REGULAR SESSION ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to open session at 3:25 p.m. The item added on to the Agenda was discussed in closed session with no reportable action being taken. ADJOURN The meeting was adjourned at 3:25 p.m. Donald D. Goodin, President Robert E. Martin, Secretary 5 MINUTES: 06125/02 CERTIFICATE OF LIEN JULY 9, 2002 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED t. 044-0044-2* ~'~ $51.65 2. 073-0003-5+ $95.07 3. 074-2429-0 $36.56 4. 101-0193-5' $67.90 5. 103-0141-4 ~c( $55.22 6. 143-0139-3 $21.22 TOTAL $ 327.62 * STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 East Va ey Water District Board Memorandum Date: JULY 2, 2002 From: Brian W. Tompkins / Chief Financial Officer ~ Subject: Disbursements. Recommendation: Approve the attached list of accounts payable checks and payroll issued during the pedod June 21sT through June 28th, 2002. Background: Accounts payable checks are shown on the attached listing and include numbers 189735 to 189807 for a total of $84,539.74. The source of funds for this amount is as follows: COP Construction Funds EPA Grant Unrestricted Funds $84,539.74 Payroll disbursed was for the period ended June 21, 2002, and included checks and direct deposits Totaling $83,864.99. Fiscal Impact: Total disbursements- $168,404.73. ~ ~ 0 0 O0 0 0 0000 O0 O0 O0 0 0 o ~ ~ ~ ~ oo o o oooooooooo oooo ~ CoNSERVATIoN ~, ,.<.-,.-'~ ........ .. c,-.G. SAN BEg~ARDINO VALLEY WATER. CONSEKVATION DISTRICT ~ ~ ;,: . ~:: .',;' ~ :J ;. ,' , ~ ., - '... ., ...... ~ 1630 West P..edlands Boulevard, Sukt A P.O. Box 1839 .... p, , . ._a:. , ' l~edland~, CA 92373-8032 I:Ledla~d~, CA 92373-058 ,,, ','.'" ~ ...... , "' 2mail: info~sbvwcd.&t.ca.a~ .,,,,. ;,,,~ ,- ~ (909) 793-2503 ,3 " .... ';s Fa,c: (909) 793-0188 'm'2-',oo2 June z2, 2002 East Vailey Water District ' P.O. Box 342?' San Bemardino, CA 92413 ""'":'" RE: Agreement to Form the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan Task Force Dear Bob Martin: As indicated in our email memo on June 7, 2002, the final Agreement to Form the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan Task Force ('"'task Fome Agreement") would be distributed upon receipt of any review comments from the City of Highland. That review is now complete. From the redline version you received for the May 17 Wash Committee meeting, the attached clean copy has changed the effective date, and made the following changes to Exhibit D: added Section l(A)(3), added the word "bridges" in Section 1 (A)(4), and Exhibit C-1. In addition, the CEMEX company name has been corrected, and DWR and Orange County mailing addresses have been added to Section 8: Notices. Please obtain the appropriate signatures within your organization and return one copy to us. You may keep the other copy. When signatures are received from the other signing agencies, a copy of those signature pages will be distributed. A meeting of the Task Force will be called in July to discuss the scope of work with the consultant, LSA Associates, Inc. Thank you for your patience during the coordination phase of this work, The Conservation District looks forward to participating with you on this highly important project. Sincerely, D. Bumell Cavender, AICP General Manager ENCL BOAR.D Ber~ M~rcum,Jr, Arnold L.Wright Chew[ A.Tubbs GENER~.L D. Burnell C~vender, AIC P OF C a~ Henry Day Sterling Woodbury Melody Henriques MANAGEIK DII~CTOKS Manuel Amnda,jr. AGREEMENT TO FORM THE UPPER SANTA ANA RIVER WASH LAND MANAGEMENT AND HABITAT CONSERVATION PLAN TASK FORCE THIS AGREEMENT is made effective this __ day of __., 2002, by and between the following entities (hereinafter individually referred to as a "Path/' and collectively referred to as the "Parties"): CEMEX CONSTRUCTION MATERIALS, ROBERTSON'S READY MIX, LTD LP ("CEMEX") ("ROBERTSON'S") [CITY OF HIGHLAND ("HIGHLAND")] EAST VALLEY WATER DISTRICT ("EWVD") CITY OF REDLANDS ("REDLANDS") REDLANDS UTILITIES DEPARTMENT ("RUD") COUNTY OF SAN BERNARDINO ("SAN SAN BERNARDINO COUNTY FLOOD BERNARDINO COUNTY") CONTROL DISTRICT ("SBCFCD") SAN BERNARDINO VALLEY WATER UNITED STATES BUREAU OF LAND CONSERVATION DISTRICT ("SBVWCD" MANAGEMENT ("BLM") OR "CONSERVATION DISTRICT") RECITALS This Agreement is entered into on the basis of the following facts, understandings, and intentions of the Parties: A. Representatives of numerous agencies, including water, mining~ flood control, resource management and conservation, and municipalities, formed the Santa Aha River Wash Area Coordinating Planning Activities Committee ("Wash Committee") to address local mining issues and other land functions on the Upper Santa Ana River Wash ("Wash"). A Policy Action Committee ("PAC") was subsequently established, consisting of elected officials from San Bernardino County, Highland, Redlands, and the Conservation District, as well as the Field Manager of the BLM. A Technical Advisory Committee ("TAC") was also formed'with representatives from the PAC agencies, and other water, mining, flood control, and resource protection interests. B. The Wash Committee examined the most appropriate manner in which to use the Wash for the benefit of all landowners without regard to preexisting planning of the Wash or current land ownership. Ultimately, the Wash Committee determined that there should be a balance of land uses to accommodate the needs of mineral extraction, water conservation, habitat protection, and municipal infrastructure requirements (i.e. utilities, trails, etc.). To achieve land use balance, current land uses must be reassigned to better accommodate mineral extraction, water conservation, and habitat. To effect such change, an exchange of existing land ownership between BLM . and the Conservation District, and a transfer of leasehold interests between the mining companies and the Conservation District will be required. C. The TAC reached a general consensus in early 2000 regarding the designation of specific areas of the Wash for the desired uses. The result of this multi- jurisdictional effort was the creation of a proposed Land Management and Habitat Conservation Plan for the Upper Santa Ana River Wash ("Concept Plan"). The Concept Plan establishes the framework for balancing ongoing and future land activities proposed for the Wash Ptanning Area ('~/PA"), including habitat protection areas and recreational trail alignments. The Concept Plan was reviewed and endorsed by the governing boards and/or officials with approval authority from each of the Parties, and various other agencies involved in the deliberations on the Concept Plan. D. Each of the Parties have found and determined that it is in their best interests to join together to: manage activities in connection with the necessary refinements, environmental review, and implementation of the Land Management and Habitat Conservation Plan (collectively the "Project"); provide an equitable cost-sharing mechanism for the funding of the Project; and, define the projected schedule and scope of work to execute the Project. E. The Parties hereto now enter into this Agreement to establish a Task Force, consisting of a representative from each party, to oversee and administer the preparation of plans, environmental review documents, public notices and hearings, and other activities requisite to the formulation and, if adopted, execution of the Project. F. In entering into this Agreement, the Parties reserve their discretionary authority with regard to the execution of the Project, including but not limited to, any land use and planning authority under state and local law, authority, designated under the Surface and Mining Recovery Act ("SMARA"), and CEQA approval of their own discretionary decisions executing the Project. TERMS & CONDITIONS SECTION 1: DESCRIPTION OF PROJECT, The Project to be undertaken by the Task Force consists of all of the following: A. Refinement and expansion of the Concept Plan (Exhibit "A") to develop the Component Plans of a "Land Management and Habitat Conservation Plan for the Upper Santa Aha River Wash" ("Plan"), which includes the following: 1. A Mining and Reclamation Plan under the Surface Mining and Reclamation Act ("SMARA") designating the areas as generally depicted in Exhibit "A" to be devoted to sand, gravel, and mineral extraction and the terms and conditions under which such extraction may proceed, which will be provided by CEMEX and Robertson's to the appropriate municipality, Highland or Redlands, for review and approval;. 2. A Water Conservation Plan, which describes the scope, extent, and location of water diversions, conveyance, spreading, and monitoring activities, which will be provided by the Conservation District; 3. A Recreation Plan, which coordinates the planning and development of trails, parks, and public recreation areas, which will be provided by Conservation District, San Bemardino County, and Redlands; 4. An Infrastructure Plan, which describes the location of pipelines, utility corridors, roads, highways, and communication facilities, which will be provided by the Conservation District, EVWD, and Redlands; 5. A Habitat Protection Plan, which will be provided by the Conservation District to identify habitat areas that may be considered to protect threatened and endangered species at such time as other activities within the Wash are presented to the appropriate agency for entitlements, approvals and /or land use permits; and 6. A Flood Control Plan, which describes flood control facilities/activities including detention and retention basins, drains, and storm water conveyance facilities, which will be provided by SBCFCD. B. Preparation of preliminary documents necessary to conduct an environmental analysis, including the following: 1. A Project Description for the environmental analysis based on the Component Plans described above; 2. Alternative land balancing plans to be studied in the environmental analysis; 3. A plan outline, including actions, required funding, and the administrative or legislative measures needed to implement the Project, which will be known as the Implementation Action Plan; and 4. A draft agreement to execute the Implementation Action Plan, which will be known as the Implementation Agreement. C. Preparation of an EIPJEIS for implementation of the Plan, including a mitigation monitoring plan, based on the Component Plans in 1.A. above, and the preliminary documents in 1.B. above. D. Completion of a proposed land exchange between BLM and Conservation District. BLM, working with the Conservation District, shall undertake activities to assess, and if appropriate, implement by way of a Memorandum of Understanding or other appropriate instrument with the Conservation District, a land exchange. The assessment and potential implementation of the land exchange will analyze whether portions of property currently owned by BLM can feasibly and beneficially be exchanged for portions of property owned by the Conservation District. E.. Preparation of the implementation documents based on the completed EIPJEIS, including the following: 1. A certification of the EIR and record of decision for the ElS; 2. An Implementation Action Plan; and 3. A Habitat Conservation Plan, including a programmatic Section 10a Take Permit. F. Task Force submit the EIPJEIS, implementation Action Plan, and Habitat Conservation Plan to the appropriate agencies for their action and, if adopted, subsequent implementation. SECTION 2: CREATION OF THE TASK FORCE. There is hereby created a task rome that shall be known as the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan Task Force ('~Nash Task Force" or "Task Force"). The Task Force shatl oversee and direct preparation of the Project and shall be comprised of regular and advisory members as follows: A. Re.qular Members. Each Party who contributes financially to fund the Project in accordance with Exhibit "B" to this Agreement, as may be amended from time to time, or contributes with in-kind services that result in a product for use by the Task Force commensurate with the level of contribution identified in Exhibit "B," shall be deemed a Regular Member of the Task Force. Any dispute regarding whether "in-kind" services contributions by a Party entitles such Party to status as a Regular Member shall be submitted to all then- existing Task Force Regular Members, and will be decided by a majority vote of the Task Force Regular Members. Each Regular Member shall be entitled to appoint two (2) representatives to the Task Force concurrently with the execution of this Agreement. Each Regular Member shall appoint (1) representative to oversee and contribute to the technical/staff aspects of the Task Force's work, and one (1) member of the legislative body, Board of Directors, or other body with ultimate decision making and policy making authority for the Regular Member, who shall be the voting member of the Task Force. Notwithstanding that each Regular Member shall have two (2) representatives to the Task Force, each Regular Member shall have and exercise only one (1) vote. The identity of each of the appointed representatives from each respective Party shall be promptly communicated to the Project Manager. Appointed representatives to the Task Force shall serve at the pleasure of the governing body of the respective appointing Party, and may be removed by them at any time, with or without cause; provided, however, that the Parties acknowledge and agree the continuity of representation on the Task Force is important to the overall effectiveness of the Task Force, and the Parties further agree to ensure such continuity whenever possible. B. Advisory Members. 1. Any member of the TAC, which is not a Regular Member of the Task Force, and any other public or governmental agency, may with the approval of a majority of the Regular Members of the Task Force, designate representatives as non- voting advisors to the Task Force ("Advisory Members"). The Task Force will formally recognize these Advisory Members and ensure all materials and products of the Task Force. are provided to the Advisory Members, A list of Advisory Members will be maintained by the Project Manager. 2. The California Department of Water Resources (DWR), the California Department of Fish and Game (DFG), and the United States Fish and Wildlife Service (USFWS), County of Orange, and the City of Highland are hereby designated as Advisory Members to the Task Force. 3. Advisory Members may be admitted as Regular Members, with voting privileges, with approval by a majority vote of Regular Members of the Task Force. C. Functioq. 1. The Task Force shall oversee and direct the preparation of all of the component elements of the Project. 2. The Task Force shall assist in the selection of a consultant to assist in planning and implementing the Project ("Consultant"). The Consultant selected must be acceptable to the Federal lead agency. 3. The Task Force shall meet periodically for the purpose of reviewing and evaluating the work product of the Task Force and the Consultant. 4. The Task Force shall administer this Agreement, subject to the reserved right of each of the Parties to approve their respective financial appropriations to Task Force budgets. 5. The Task Force shall propose contribution levels for each Party, subject to Section 4.D. herein. The contribution level for each Party shall initially be those set out in Exhibit "B" hereto. 6. The Task Force shall, in consultation with the Consultant, prepare and adopt a project schedule ("Project Schedule"). When 'completed, the Project Schedule will be circulated among all Regular and Advisory Members, and witl be maintained by the Project Manager. D. Committe_es.. The Task Force may establish working committees, which shall be designated from a pool of Regular and Advisory members who shall be selected by and serve at the pleasure of the Task Force. E. Designation of Officers. The Task Force shall designate and appoint one of its representatives to act as Chair and another of its members to act as Vice-Chair, both of which shall be selected from the pool of Regular Members. The Conservation District shall perform the functions of project administrator, including secretarial and treasurer duties. F. Meetin.qs Regular meetings of the Task Force shall be held at the Conservation District offices, or such other place as may be agreed upon by the Task Force. At the first meeting, the Task Force shall provide for the time and place of its regular meetings. Special meetings may be called at the request of the Chair or of a majority of Regular Members to the Task Force. A majority of Regular Members of the Task Force shall constitute a quorum for the purposes of transacting business. Except as otherwise provided herein, ali actions of the Task Force shall be passed and adopted upon the affirmative vote of a majority of the quorum of Regular Members. All meetings of the Task Force shall be conducted in accordance with California's Open Meeting Laws. The Project Manager shall keep or cause to be kept, minutes of the meetings of the Task Force, copies of which shall be forwarded to each Task Force representative and to each Party. The Task Force may adopt, from time to time, such additional rules and regulations for the conduct of its affairs as may be required.. G. Additional Par[ies. The Parties to this Agreement acknowledge and agree that the effectiveness of the Task Force may be improved by the addition of other entities that have interest in the work of the Task Force. Such entities may join the Task Force upon approval of a majority of the Regular Members of the Task Force, and upon such terms and conditions as are acceptable to such Regular Members, including, but not limited to, cash contributions to past, present, and/or future work of the Task Force. H. .City of Hi.qhland as Re.qular Member. At the time of execution of this Agreement, the City of Highland has expressed its interest in joining the Task Force as a Regular Member, and the parties to this Agreement contemplate and desire that it do so. Provided City of Highland approves and executes this Agreement within One Hundred Eighty (180) days of the Effective Date, and pays its share of the Task Force Contribution Levels as set forth in Exhibit "B- 1," for application to all expenses incurred by the Task Force from the Effective Date and following, City of Highland may join the Task Force, as a Regular Member, without the necessity of an approving vote of the Regular Members. In the event City of 159J015042-0001 v ~ Highland so joins the Task Force pursuant to the terms and conditions of this Section 2 (H), and effective immediately and prospectively from the date it does, various provisions of this Agreement shall be thereupon automatically be amended, all as more specifically set out in Exhibit "D" hereto. SECTION 3: LEAD AGENCY DESIGNATION A. Consistent 'with the First Amendment to the Memorandum of Understanding Regarding Coordinated Planning Activities Pertaining to the Santa Aha River Wash Area dated August 13, 1997, ("MOU") and its designation of the Conservation District as the Permanent Chair of the Policy Action Committee, the Conservation District is hereby designated as the Lead Agency for all non-federal activities associated with the Project under the California Environmental Quality Act ("CEQA"). B. The BLM is hereby designated as the Lead Agency for all federal activities associated with the Project under the National Environmental Policy Act ("NEPA"). SECTION 4: PROJECT MANAGER. A. The Cons'ervation District shall serve as the Project Manager, at the pleasure of the Task Force. The Project Manager shall act as the primary liaison and contact between the Consultant, the Task Force, and the Parties to the Second Amendment. B. The duties of the Project Manager shall include the following: Serve as the Lead Agency under CEQA and as assistant to BLM, which is the Lead Agency under NEPA; provided, however, that on issues relating to definition of level of significance for impacts, existence of and mitigation for significant adverse environmental impacts, and formulation of a mitigation monitoring program for those portions of the Project which involve mining activity within the jurisdictional boundaries of Redlands, and which require permits under SMARA, the Project Manager shall accept and incorporate into the EIR/EIS the determinations of Redlands for such aspects of the Project. 2. Administer the cost-sharing formula, which designates the percentage of the total cost of the Project, as approved by each Party to fund the Project; 3. Coordinate communications between the Consultant and the Parties; 4. Provide the Consultant with copies of all earIier studies and EIRs, which may be helpful to the Consultant to complete the Project; 5. Gather and transmit data to the Consultant from the Parties; 6. Provide pedodic reports to the Task Force of the progress of the Project; 7. Report to and solicit input from the Task Force regarding policy issues that may arise; 8. Oversee the billing for all aspects of the Project; 9. Receive and pay all appropriate invoices for the Consultant; 10. Review the Consultant's charges and advise the Task Force of any problems associated with the Project; 11. Facilitate meetings of the Task Force and maintain records of the Task Force; 12. The Project Manager shall, through a written Notice to Proceed, cause the Consultant to commence the Project, and shall cause the Consultant to perform all services within the time period(s) established in the Project Schedule, and in conformity with the approved Project Flow Diagram, attached hereto as Exhibit "C"; and, 13. Either approve or deny by way of written response any requests for minor adjustments to the time period(s) specified in the Project Schedule. C. Administration of Task Force Work. The Conservation District shall make its personnel available as reasonably necessary to the Task Force to perform the secretarial, clerical, administrative, legal general counsel, and financial management duties requested by the Task Force. The Task Force shall compensate the Conservation District for the Conservation District's actual costs incurred in providing such services to the Task Force, upon presentation of an invoice detailing the services rendered and costs thereof, and approval of the same by the Task Force. SECTION 5: FUNDING MEC. HANISM. A. The current estimated cost for the preparation of plans and environmental review for the Project is $823,258, or $973,258 if the consultant prepares the Implementation Agreement. The Task Force shall periodically approve a contribution amount to be requested of all Regular Members, to be paid to and managed by the Project Manager consistent with the provisions of this Section 4, from which the Project Manager will meet the expenses incurred in implementing the Project. Contributions shall be apportioned among the Parties, as agreed to by the Part[es, The initial levels of contribution are identified in Exhibit "B" to this Agreement. B. The Conservation District as Project Manager shall coordinate Consultant retention, direction, coordination, and oversight in the planning ~nd implementation of the Project, and shall serve as the agency through which funds are to be conveyed and disburse.d for the purpose of completing the Project. C. The Conservation District shall establish a fund ("Fund") into which it will cause to be deposited all of the contributions received from the Task Force towards the estimated cost of the Project. It is intended that this Fund finance the Project in its entirety. In establishing the Fund, the Conservation District shall assure that all interest earned by the Fund is to be paid into the Fund, and made solely available for the funding of the Project. The Task Force may from time to time propose a cost-sharing formula differing from that attached as Exhibit "B", which designates the percentage of the total cost of the Project each.Party wilt be required to contribute to the Fund. Upon approval by the Task Force of a contribution amount to be requested of the Regular Members, the Project Manager shall submit invoices to each Party requesting payment of their respective contributions, pursuant to the formula attached as Exhibit "B," or as otherwise proposed by the Task Force. Payment of these invoices shall be made to the Conservation District within 30 days of receipt of such invoice. If any Regular Member fails to timely remit payment of its share of the invoices in accordance to Exhibit "B" to this Agreement, the voting rights of such Regular Member shall be suspended until such time as the full amount of the invoice is paid, or the final resolution of any dispute regarding the invoice, as provided below. During such period of suspension, the Party shall enjoy only those rights and privileges as an Advisory Member of the Task Force. D. Each Party reserves the right to approve its own contribution level to the Project, as well as its uItimate payment authority of invoices issued by the Project Manager, in whole or in part, on a per-invoice basis. E. The Project Manager shall have authority and control of disbursements from the Fund. The Project Manager shall provide the Task Force with an accounting on at least a quarterly basis showing all disbursements, accrued interest, and other debits and credits to the Fund for the preceding quarter. Any amounts paid to the Project Manager shall not be subject to refund, except as provided herein. F. Should a dispute adse between the Project Manager and any Party(les) with respect to either an invoice submitted by the Consultant or any other disbursement from the Fund, the complaining Party(les) shall notify the Project Manager in writing, specifying the nature of the objections, the reasons therefor, and the action the complaining Party(les) requests the Project Manager to take in resolution of the dispute. Upon receipt of any such written objection, the Project Manager shall meet or otherwise confer with the complaining Party(les) in a good faith effort to resolve the dispute. In the event such efforts do not result in resolution of the dispute within ten (10) days of the Proiect Manager's receipt of the written objection, the Project Manager shall refer the matter to the Task Force, and shall provide it with any and all receipts, invoices, or other documents necessary for the prompt resolution of the dispute. The Task Force shall consider and resolve the matter at its next scheduled meeting, but no later than thirty (30) days following the Project Manager's referral of the dispute to the Task Force. in resolving the dispute, the decision of the majority of the Regular Members of the Task Force shall be final. G. Upon completion of the Project, or earlier termination of this Agreement, any unexpended Funds shall be returned to the Parties in proportion to their financial contribution. SECTION 6: OWNERSHIP OF DOCUMENTS. All work produced in association with the Project (including ori§inals prepared by anyone in connection with, or pertaining to, the work of the Task Force) shall become the property of the Regular Members of the Task Force, and each of them. SECTION 7: INDEMNIFICATION. Neither the Project Manager nor any officer or employee thereof shall be responsible to any other Party for any damage or liability occurring by reason of anything done, or omitted to be done, by the Consultant, or in connection with any work, authority or jurisdiction delegated to the Project Manager under this Agreement. Ail Parties, and each of them, hold the Project Manager harmless from any claim, demand, suit of law or equity, or other proceeding arising from or relating to the Project Manager's performance of its obligations contemplated by this Agreement. Nothing herein shall be read or understood as indemnifying or holding the Conservation District, or any officer or employee thereof, harmless from any claim, demand, suit on law or equity, or other proceeding arising from or relating from the acts or omissions of the Conservation District while acting as a Party to this Agreement. In addition, each Party agrees to indemnify, defend, and hold harmless each other Party and its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of its obligations under this Agreement. In the event any Party is found to be comparatively at fault for any claim, action, or loss, or damage that results from their respective obligations under this Agreement, the Party(s) found to be at fault shall indemnify the other(s) to the extent of its comparative fault. Federal agencies' obligations under this Agreement shall be to the extent permitted by the Federal Tort Claims Act. SECTION 8: NOTICES, All notices required to be provided hereunder, except meeting notices, shall be in writing, and either served personally or sent by United States Mail. Meeting notices may be provided by electronic mail correspondence. For these purposes, the addresses for the Parties and Advisory Members are as fellows: As to Cemex Construction Materials, LP: As to Robertson's Ready Mix: Regional Environmental Manager Robertson's Ready Mix, Ltd. CEMEX Attention: Rich Robertson P.O. Box 4120 P.O. Box 33140 Ontario, CA 91761-1607 Riverside, CA 92519 16~068.I~ a06/12/02 = ]- 0= [As to Highland: As to EVWD: Community Development Director General Manager City of Highland East Valley Water District 27215 Base Line P.O. Box 3427 Highland, CA 92346] San Bernardino, CA 92413 As to Redlands: As to RUD: Community Development Director Chief of Water Resources City of Redlands Redlands Utilities Department P.O. Box 3005 P.O. Box 3005 Redlands, CA 92373 Redlands, CA 92373 As to SBCFCD: As to San Bernardino County: Director Land Use Services Department San Bernardino Co. Flood Control DistrictAdvance Planning Division 825 E. Third Street County of San Bernardino San Bernardino, CA 92415-0835 385 North Arrowhead Avenue - 3rd Floor San Bernardino, CA 92415-0182 As to Conservation District: As to BLM: General Manager Field Manager, Palm Springs-South Coast San Bemardino Valley Water District Field Office P.O. Box 1839 Bureau of Land Management Redlands, CA 92373-0581 P.O. Box 581260 North Palm Springs, CA 92258-1260 As to USFWS: As to DFG: Field Supervisor Department of Fish & Game U.S. Fish & Wildlife Service P.O. Box 1217 2730 LokerAvenue West Redlands, CA 92373 Carlsbad, CA 92008 As to County of Orange: As to DWR: Attn: Mike Wellborn Recreation and Environmental Studies Planning and Development Services Department of Water Resources County of Orange 770 Fairmont P.O. Box 4048 Glendale, CA 91203 Santa Aha, CA 92702-4048 SECTION 9: ENTIRE AGREEMENT. This Task Force Agreement contains the entire agreement of the Par[les hereto with respect to the matters contained herein, and supersedes all negotiations, prior discussions, and preliminary agreements or understandings, written or oral relating to the Task Force and Project Manager. No waiver or modification of this Agreement shall be binding unless consented to by all Parties in writing. SECTION 10: WAIVER. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. SECTION. '11: COOPERATION: FURTHER ACTS. All parties agree to use reasonable care and diIigence to perform their respective obligations under this Agreement. Ail parties agree to act in good faith to execute all instruments, prepare all documents, and. take all actions as may be reasonably necessary, appropriate or convenient to carry out the purposes of this Agreement. SECTION 12: GOVERNING LAW. This Agreement shall be governed by and construed under the laws of the State of California. Federal agency participation under this Agreement, however, shall be governed by the applicable federal laws. SECTION 13: ATTORNEYS' FEES. In the event the Task Force initiates or defends any litigation or other judicial or administrative proceeding in connection with the Project or this Agreement, retention of counsel to represent the Task Force, if required, shall be by the Project Manager, subject to the approval cf the Task Force. The costs of such retention will be invoiced to the members of the Task Force in the same manner, and subject to the same procedures, as all other consultant costs invoiced to the Task Force. In any action or proceeding involving a dispute between the Part[es arising out of this Agreement, the prevailing Party shall be entitled to receive from the other Party, reasonable attorneys' fees. The term "attorneys' fees" shall include reasonable costs for investigating the action, conducting discovery, cost of appeal, costs and fees for expert witnesses, and all other normally allowable costs incurred in such litigation, whether or not such litigation is prosecuted to final judgment. Service of process on any Party shall be made in any manner permitted by law and shall be effective whether served inside or outside of California. Notwithstanding the foregoing, attorneys' fees and costs' recoverable against the United States, however, shall be governed by applicable federal laws. SECTION.._14: NO THIRD PARTY BENEFICIARIES. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. No member of, or delegate to, Congress or Federal Resident [6~068.1 g a06/12/02 Commissioner, shall be entitled to any share of this Agreement, or to any benefit that may arise from it. SECTION '15: CONSTRUCTION: CAPTIONS, The language of this Agreement shall be construed according to its fair meaning, and not for or against any Party hereto based on authorship. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. SECTION 16: SEVERABILITY. Each provision of this Agreement shall be severable from the whole. If any provision of this Memorandum shall be found contrary to law, it is the intention of all the Parties, and each of them, that the remainder of this Agreement shall continue in full force and effect. SECTION 17: INCORPORATION OF RECITALS. The Recitals are incorporated herein and made an operative part of this Agreement. SECTION 18: AUTHORITY TO ENTER INTO AGREEMENT. Alt Parties v~arrant that they have all requisite power and authority to execute and perform this Agreement. Each person executing this Agreement on behalf of their party warrants that he or she has the legal power, right, and authority to make this Agreement and bind his or her respective Party, and that in so doing, such Party is not thereby in breach of any other contract or agreement. SECTION 19: COUNTERPARTS. This Agreement may be signed in counterparts, each of which shall constitute an original SECTION 20: EFFECTIVE DATE The Effective Date of this Agreement shall be latest of the dates set next to the signatures of the parties hereto evidencing signature by all the parties hereto, which latest date shall be inserted into the preamble to this Agreement. SECTION 21: NO ASSIGNMENT. The rights and obligations of this Agreement may not be transferred, assigned, or encumbered by any Party hereto without the prior, express, written consent of a majority of the Regular Members of the Task Force. SECTION 22: DISSOLUTION, The Task Force may be dissolved upon a 2/3 majority vote of the regular members, Upon such dissolution, the Project Manager is entitled to pay all outstanding invoices, and distribute any remaining money in the Fund among the contributing members pro-rata according to each Party's respective financial contribution. SECTION 23: TERMINATION. A. Any Party may voluntarily terminate its participation under the Agreement at any time upon delivery of at least 60 days prior written notice to the Task Force. B. The Task Force may, upon a 2/3 majority vote, terminate any Party's participation under the Agreement upon that Party's failure to make its pro-rata contribution: (1) Within 30 days of the date said Party's contribution becomes due; OR (2) Within 45 days after the Task Force resolves said Party's dispute over the payment of an invoice in favor of payment as set forth in Section 4(F) of this Agreement. C. Upon a Party's termination from participation under the Agreement, the Project Manager shall return the portion of that Party's pro-rata contribution not expended by the Project Manager after paying invoices for all charges incurred during the period that Party served as a Member of the Task Force. D. The termination of any member or members of the Task Force shall not affect the remaining Parties' obligations under this Agreement, except for redistribution of contributions described herein. This Agreement shall remain in effect until such time as 2/3 of the regular members vote to dissolve the Task Force as 3rovided by Section 22 of this Agreement. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the day and year.set forth below, the last of which shall be the effective date of this. Agreement. APPROVEDAS TO FORM: CEMEX CONSTRUCTION MATERIALS, LP Counsel for CEMEX APPROVED AS TO FORM: ROBERTSON'S READY MIX, LTD Counsel for Robertson's Ready Mix, Ltd. UNITED STATES BUREAU OF LAND MANAGEMENT Field Manager APPROVEDAS TO FORM: SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT General Counsel President, Board of Directors Attest: Secretary of the Board APPROVED AS TO FORM: EAST VALLEY WATER DISTRICT General Counsel President, Board of Directors Attest: Secretary of the Board APPROVED AS TO FORM: REDLANDS UTILITIES DEPARTMENT City Attorney Mayor Attest: City Clerk 1 [6go6~.Ig a06/12/02 ' APPROVED AS TO FORM: COUNTY OF SAN BERNARDINO County Counsel Chairperson, Board of Supervisors Attest: Clerk of the Board APPROVEDAS TO FORM: SAN BERNARDiNO COUNTY FLOOD CONTROL DISTRICT General Counsel Chairperson, Board of Supervisors · Attest: Clerk of the Board APPROVED AS TO FORM: CITY OF REDLANDS City Attorney Mayor Attest: City Clerk [APPROVED AS TO FORM:] [CITY OF HIGHLAND] 1 [City Attorney] [Mayor] [Attest: 1 [City Clerk] 159/015042-0001 6- 16~05g.19 aO6/~2/D2 'J- EXHIBIT "A": CONCEPT PLAN (Executive Summary) AREAS TO BE MINED UNDER SMARA, AREAS FOR WATER CONSERVATION, AND AREAS FOR PROTECTION OF HABITAT PROPOSED LAND MANAGEMENT AND HABITAT CONSERVATION PLAN FOR THE, UPPER SANTA ANA RIVER WASH EXECUTIVE SUMMARY PREPARED FOK TI-IB SANTA A_NA RIVER WASH AREA COORDINATED PLANNING ACTIVITIBS COMlVi1YYEB BY STAFF OF TtiB SAN BBRNARDINO VALLEY WATER CONSBRVATION DISTRICT APRIL 2001 (Figures Revised December 2001) PROPOSED LAND MANAGEMENT AND HABITAT CONSERVATION PLAN FOR THE UPPER SANTA ANA RIVER WASH D. Burnell Cavender, AICP General Manager San Bemardino Valley Water Conservation District .Introduction The land area between the mouth of the Santa Ana River Canyon, down stream of the new Seven Oaks Dam on the east, Interstate 215 (2-215) on the west, the cities of Highland and Redlands to the north and south, respectively, is known locally as the Upper Santa Ama River Wash (Wash) (Fig 1). A part of that Wash, cont~n;ug approximately 5,200 acres, from the canyon mouth to Alabama Street on the west and bounded by the cities, has been the subject of intense planning the past three years. This area is known as the Wash Planning Area or the "WPA" (Fig 2). Historica21y, the Wash was a natural flood plain and alluvial fan. In the past, the flood plain has provided a place to convey frequently devastating flood waters and deposit sediment. The alluvial deposit provides excellent geologic conditions to establish settling basins for percolating surface water to the groundwater basin, providing a significant part of the water supply for the local region. These same geologic conditions provide regionally significant deposits of sand and gravel as classified by the Califorrfia Department of Conservation, that are used to support the local economy. In recent years, the value ef the Wash as habitat for a variety of sensitive, threatened, and endangered species has become more apparent due to the decrease in this type of habitat throughout Southern California (Fig 3). Because the Wash is a unique open space and corridor, the County of San Bemardino (County) and the cities of Highland and Redlands are also plannLug to establish a series of recreational trails in and around the Wash. These important functions witkin the Wash, flood control, water conservation, mineral extraction, and wildlife habitat, are often in direct competition for much of the same land. It has been apparent since the early 1980s that a land management plan for the future use of the Wash would be needed to maintain other public services (water supply facilities, transportation and utility corridors, and recreation/traiis), provide areas for the extraction of valuable construction materials, and preserve decllulng sensitive habitats. In 1993, representatives of numerous agencies, including water, mining, flood control, wildlife and municipal interests, formed a Wash Committee to address local mining issues. Subsequently, the role of the Committee was expanded to address all the land functions in the Wash. The Wash Committee began meeting again in 1997 to determine how to use the WPA to accommodate all the/rnportant functions identified above. A Policy Action Committee (PAC) was established consisting of elected officials from the County, cities of Highland and Redlands, and the San Bemardino Valley Water Conservation District (District), and the Field Manager from the U.S. Bureau of Land Management (BL1V0. A Technical Advisory Committee (TAC) was formed with SA Wash Plan - Revised 1 04/11/01 representatives of the PAC agencies and other water, mining, flood control, and wildlife interests. The District chairs and provides staffsupport for the Committees. The TAC, in concept, wiped the WPA clean of iand ownership lines (Fig 4) and began anew to decide how the land could best be used. As a result of extensive workshops during 1998 and 1999, a conceptual Coordinated WPA map has been developed. As expected, the way the land might best be used and the way the land use was pl~nned were not the same, nor does it conform to current land ownership. For example, the TAC found that some land proposed for mining was better suited for joint use by water conservation and wildlife habitat while other areas proposed for habitat preservation could be used better for mining. It became apparent that to make a plan work, land ownership would have to change, in particular, a land transfer or exchange between the BLM and the District, and areas leased by the District for mining. A general consensus of the TAC was reached in early 2000 on the areas within the W-PA :~. designated for the specified land uses, which is the basis of the Land Management and Habitat Conservation Plan (Plan) (Fig 5). As stated, the proposed designations for land use crossed land ownership (3 public and 2 private) and land use authority lines (2 cities and the County). The · TAC determined that mining expansion is best addressed by consolidating the future mining .: activity into one large area adjacent to existing mining operations within the western half of the WPA. This focuses extraction activities on lands currently disturbed by mjnlng and lands with ? the least long-term wildlife habitat value. Furthermore, the TAC determined that portions of the , BLM land designated as Areas of Critical Environmental Concern (ACEC) were either ,~ previously disturbed or were fragmented by adjacent mining activities, and thus would be better suited for mining expansion. Some of the most intact, viable wildlife habitat areas are contained :... within lands that are leased for future mining and currently used for water conservation. The TAC concluded that some of these lands were best suited for joint use as water and habitat '~ conservation rather than m~ing. For example, the up-gradient side of a percolation basin dike .z could be wetted and periodically contain water for water-dependent species; whereas, the down- gradient side could generally remain undisturbed, except for maintenance and repair of the percolation basin dike and, therefore, could support other wildlife species common to the WPA. Refinements in land use boundaries were made and agency and jurisdictional coordination was accomplished. The result of this effort is a proposed Plan that designates areas of the WPA for " specific uses. The Plan will allow the existing and future Wash activities and land functions to occur and establish habitat preserves. - It is imperative that the principles that wilt govern the use, management, and conservation of the V/PA be set forth in legally binding documents to which all concerned parties can agree. The '-,. PAC believes that there are sufficient lands in the WPA that can be divided equitably among the advocates to accommodate the needs for water conservation and supply facilities, aggregate ,:. extraction, and flood protection, while providing land for wildlife habitat and recreation. It is equally important to note that if this coordinated Plan is not implemented, the consequences could be very grave for each of the primary use groups. Without the Plan, attempts to expand water conservation to meet future demands, develop additional aggregate resources, or effectively protect habitat will likely be held up by legal proceedings. Such action could result in SA Wash Plan - Revised 04/11/01 piecemeal planning, thus impairing the ability to reach an effective compromise. If local land use agencies make decisions regarding m~nlng development in the WPA, without considering a _ coordinated plan, 'there couId be greater environmental degradation and reduced ability t6 meet future water supply demands. On the other hand, if local officials make land use decisions that significantly restrict water conservation activities and mining, the reduced availability of water ,. and aggregate resources may impact the economic development of the region. The affect of not implementing this Plan is that none of the groups would be able to accomplish its goals. Proposed Project Description Summary The proposed project is a Land Management and Habitat Conservation Plan (Plan) for the Upper -; Santa A.aa River Wash Pl~nnlng Area. The land area addressed in this Plan is part of the overall · ' alluvial fan and flood plain located along the Santa Aaa ]River one mile downstream from the new Seven Oaks Dam between the cities of High/and on the north and Redlands to the south. ~ The City of San Bemardino, to the northwest, is the largest city in the San Bemardino Valley. The WPA covers approximately 5,200 acres and starts at the canyon mouth at Greenspot Road, extends for some six miles to Alabama Street, and is as much as two miles wide. The ?lan will coordinate and accommodate existing ongoing and anticipated future activities planned to occur in the W'PA, establish habitat preserve areas, and provide recreational trails. " Each function will occupy designated specific areas within the WPA best suited 'for that function and will also accommodate the other competing uses for the overall benefit of the WPA. These existing mad future activities include the following: · Water conservation of both native and (when necessary) imported water resources for groundwater basin replenishment to augment public water supplies; · · Flood control, and management of the Seven Oaks Dam releases; · Aggregate extraction and processing; · Protection and conservation of sensitive and listed native species and habitat; · Recreation planning including a portion of the Santa Ama River trail system; and ' · Utilities, transportation, and water supply corridors and facilities. The final approved Plan, its associated actions and permits, and environmental review will provide the necessary information for jurisdictional approvals for the described activities to move lop,yard. The Plan, when implemented will be considered a "Win-Win-Win" for all the water, utihty and service functions, mineral resource management, and environmental resource preservation. As staff for the Wash Committee, the District invites your questions and support for this inter- relational concept plan. You may call me at 909-793-2503, or write to me at P.O. Box 1839, Redlands, CA 92373. SA Wash Plan - Revised 3 ~ 04/11/01 "' "' .... ' . . I . '-'" ' , , ~'* l~,Ii Ill I i I Jl I I , ~' i Il, l . · ... ......... - · ,,./ ..,, .... · .',t .. 'I ,,, , :~, , '.',~" \ .. , ,I .,,.--.,,. I ., ,' ,'* *,'" .,:" I ~....': . , ...... ** · ...... .,, .. ,*,,; I.r ,. ,,,/ ..',.;, · · . '*', ,: ., . ,. . ,' .,, ... I ,I .....,, ,' ' '" " ' "i I ....,I · . ' ./', ' ~ '"". i I ,; I.'.. '.;"" 4. . f .~ ~ ,..',' !''<''' ' ' '"-" '" "' .... 03 _ ,..., .... ,... · , .,,'% . . .'"-%.,..',',,, i~ . · ~',,. , .................~ , "' .~' " l: , , ,% . ,,,~. ,... . I ' ,,, ~, .,., .,. ,.- ,-, --,.,,--,.,,,.,, "' ., '.k. , ,,',; j ',.~,~.',,, " ': '" · , "'; · ; ,d, ' i: ',,' "' · j'" .' " : 'x, . . .; ,,. ; " I.. .... , . ."., , , "."..',.. '. , -. . ..,.. ........ ....- ~..?'.,,,; ..... 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Iii ,4....:' ~: .. ... .. ...~...., ,,... ,...:;,.~'~.::~.~,~ ~_~ · . . ..... . ! ~:,, · , '", ,, 'o ' "~;,r'''~' · ' · ' ~ ,' ... .. ..... ~... ~,~,. . .... .., ,..,....... .. ~... .. . .... ,.:. : .,~,. ~, ";' , :,: ' '~ t'[ " ' "' '~"'"" ' ' ' " ": ...... ,' ' .... °' : "' ........ ' '' ~ '1 "" ..... .,, .. ~... [ '. ~ .... . ,~. ~ ....... ,,, , .~, ~. : ,.,.'~, ~ ',: ~, ,, ~.: ., '.. , '_... .'-. ... ;' , .. ; ..... ... ..... ., . . ' "" · . i ,' , . ..,; .:~;~;..!~,:,, .,, ,, i l"·'ll' ~ i i , l,ti ·l i ;lll,ll~ " 1'~· ~ ~ :' ll .. :!¢ ...- , ... ~. .. ~. -- : , ~ ",¢,'~; "-i ! ~ "( ' "' .,..,",t , ., ',. .'., .' .. '.. ..... ......,,',, ~,,.~.~ ...... "'"' ~' '' ~" · .... '~"~'' .~ ~ "' " ',~''~'""'"' I'"~' ' ' ....... . .. .. ....... , ,.: ..-.... ,....,.,. . . .' ,,.. ,~ ~ ,.,,, .,' ' I ! I ' = ' '," .,' ' ',, , ' ' ' ' ", ..... "" ....... ~,,,-,00"o 'ill':.; "' '" .,'. ".":'' "; ..... '"'" '~' ' ' '" . , ..... - ..' Ir'"' ".". .:-",--- -""'. ..-, ...... .. . ,"., .. ' ' .... .. :.'. " ..",.. ' · .- ' . . . ] " m ~ " . .,..'~......~,,.... "' .... ...... .: .... ,__ ' .~, ... . ..,.. ""." ' . -" ... , .".'.'1 ~._~ I . .. ~ ....,'L,: ,..., r~. ..~. , · . · · · . ', . , ,., , · ,'.,; .~.~ ,,,,~ ,, , .. -! . , . , ., I.' .... .'~ .... ,~.? :. J · · · I .. ~, . '. '. . ' '~' ." ...... .n..". rr ,~.... ................. ... ~ I - , .' ~ ,-.¢~."';'. ,..,,~.'. .,Z ,. · · . '1. ...., .. ,,,,,,... , ./,~ . I~A)~. ' ...... · ' ' ~ ,,, ',1 , · '. EXHIBIT "B": TASK FORCE CONTRIBUTION LEVELS Allocation to the Parties of their share of the costs asso(~iated with the Project is as set forth below in the following proportions: AGENCY RESPONSIBILITY FOR FINANCIAL CONTRIBUTION CEMEX 24.774 ROBERTSON'S READY MIX 24.774 SAN BERNARDINO VALLEY WATER 24.644 CONSERVATION DISTRICT EAST VALLEY WATER DISTRICT 3.226 REDLANDS UTILITIES DEPARTMENT 3.226 COUNTY OF SAN BERNARDINO 6.452 SAN BERNARDINO COUNTY FLOOD 6.452 CONTROL DISTRICT CITY OF REDLANDS 6.452 Should the cost to complete financing of the Project exceed the total current estimated charges set forth above, the Task Force will have the responsibility of obtaining any required additional funding from each of the Parties. Any such additional funding shale be assessed to those Parties in the above-mentioned proportions, or as otherwise determined by the Task Force. Note that in the event the City of Highland joins the Task Force as a Regular Member pursuant to the provisions of Section 2 (H) of this Agreement, the contribution levels set forth here will be superseded by the levels set forth in Exhibit "B-I." lSg/0]$042-000t I6g068.19 a06/12/02 = ~ ~" EXHIBIT "B-I": TASK FORCE CONTRIBUTION LEVELS IN THE EVENT CITY OF HIGHLAND JOINS AS A REGULAR MEMBER Allocation to the Parties of their share of the costs associated with the Project is as set forth below in the following proportions: AGENCY RESPONSIBILITY FOR FINANCIAL CONTRIBUTION CEMEX 23.272 ROBERTSON'S READY MIX 23.272 SAN BERNARDINO VALLEY WATER 23.152 CONSERVATION DISTRICT EAST VALLEY WATER DISTRICT 3.030 REDLANDS UTILITIES DEPARTMENT 3.030 COUNTY OF SAN BERNARDINO 6.061 SAN BERNARDINO COUNTY FLOOD 6.061 CONTROL DISTRICT CITY OF HIGHLAND '- 6.061 CITY OF REDLANDS 6.061 Should the cost to complete financing of the Project exceed the total current estimated charges set forth above, the Task Force will have the responsibility of obtaining any required additional funding from each of the Parties. Any such additional funding shall be assessed to those Parties in the above-mentioned proportions, or as otherwise determined by the Task Force. This schedule of contribution levels shall only become effective if the City of Highland joins the Task Force as a Regular Member pursuant to the provisions of Section 2 (H) of this Agreement. 16906S.19 ~06/12/02 - 1 ~- EXHIBIT "C": PROJECT FLOW DIAGRAM 159/015042-00Gi 169068.t9 a06/12~02 -20- EXHIBIT "C-1": PROJECT FLOW DIAGRAM IN THE EVENT CITY OF HIGHLAND 'JOINS AS A REGULAR MEMBER I~g/015042-000[ 16gO68.1g a06/I2~2 -'~ [ - V ~ EXHIBIT "D": REVISIONS TO AGREEMENT IN THE EVENT CITY OF HIGHLAND JOINS AS A REGULAR MEMBER In the event the City of Highland joins the Task Force as a Regular Member pursuant to, and in compliance with, the provisions of Section 2 (H) of this agreement, the parties hereto have agreed to certain modifications of the text of the Task Force Agreement, which will serve as amendments thereto, effective immediately and prospectively upon inclusion of the City of Highland as a Regular Member pursuant to Section 2 (H). These amendments are set out below: Section 1 IA} 3): A Recreation Plan, which coordinates the planning and development of trails, parks, and public recreation areas, which will be provided by Conservation District, San Bernardino County, Highland, and Redlands. Section I (A)(4): An Infrastructure Plan, which describes the location of pipelines, utility corridors, roads, bridges, highways, and communication facilities, which will be provided by the Conservation District, San Bemardino County, Highland~ and Redlands. Section 1 (F): Task Force submit the EIPJEIS, Implementation Action Plan, and Habitat ConservaUon Plan to the appropriate agencies for their action and, if adopted, subsequent implementation. The EIPJEIS shall not be certified by the Lead Agency as to those portions of the Project occurring within the jurisdicUonal boundaries of the City of Highland if, prior to the time the Lead Agency certifies the EIP,/EIS, it has been disapproved by the City Council of the City of Highland. The EIR/EIS shall not be certified by the Lead Agency as to those portions of the Project occurring within the jurisdictional boundaries of the City of Redlands if, prior to the time the Lead Agency certifies the EIP,/EIS, it has been disapproved by the City Council of the City of Redlands. Section 2 (B}(2): The California Department of Water Resources (DWR), the California Depar[ment of Fish and Game (DFG), the United States Fish and Wildlife Service (USFVVS), and County of Orange are hereby designated as Advisory members of the Task Force. Section 4 (B)(1): Revise Section 4 (B)(1). to read as follows: Serve as the Lead Agency under CEQA and as assistant to BLM, which is the Lead Agency under NEPA, provided, however, that on issues relating to definition of level of significance for impacts, existence of and mitigation for significant adverse environmental impacts, and formulation of a mitigation monitoring program for those portions of the Project requiring permits under SMARA, the Project Manager shall accept and incorporate into the EIPJEIS the collective determinations of the applicable agencies with SMARA permitting authority for such aspects of the Project, and in the absence of any agreement by such agencies, shall refer determination of such issues to the Task Force.; Exhibit "B": Replace with Exhibit "B-I." I6g068.19 a06/12/02 EXHIBIT "D": REVISIONS TO AGREEMENT IN THE EVENT CITY OF HIGHLAND JOINS AS A REGULAR MEMBER (CONTINUED) Exhibit "C": Replace with Exhibit "C-1." 15g/01S042-0a01 15~06S.tg aO6/t,l/O~ -~- , b' ~ ,~ ' ~ DAVID R.E. ALADJEM ATTORNEYS · LLP S^C~,M~'rO, C^ ~m,~-,~,~, June 19, 2002 Sam Fuller Michael Huffsmtler S~ Bem~dino V~ley Municipal Water Dist. Be~ Valley MumaI Water Company P. O. Box 5906 101 E, Olive Avenue San Bem~dino, CA 92412-5906 Redl~ds, CA 92373 Sheila H~Iton Robert Martin ~ Big Be~ Municipal Water Disthct E~t Valley Water Disthct P. O. Box 2863 1155 Del Rosa Avenue Big Be~ L~e, CA 92315 S~ Bemardino, CA 92413 D. Bumell Cavender ~thony Arai~ S~ Bem~d[no Valley Water Conse~ation West S~ Bemardino County Water Dist. Disffict P.O. Box 920 1630 W. Redlands Blvd., Suite A Rialto, CA 92377-0920 ~ Redlands, CA 92373-8032 Stacey Aldstadt John "Jack." Nelson City of S~ Bem~dino Water Dept. Yucaipa Valley Water Disthct 300 N. "D' S~eet P.O. Box 730 S~ Bem~dino, CA 92418 Yucaipa, CA 92399-0730 Douglas Headdck City of Redl~ds 35 Cajon Street, Suite 15-A Redl~ds, CA 92373 Ladies ~d Gentlemen: Enclosed for your respective files is a copy of the Co~ents to the Draft Environmental Assessment which were filed this week on your behalf. If you have ~y questions, please do not hesitate to contact me. Sincerely, ~._.~ D~vid R.E. Aladjem D~:psh Enclosure ATTORNEY~ ' LLP 555 CAPITOL MALL June 19, 2002 VIA HAND DELIVERY Magalie R. Salas Secretary Federal Energy Regulatory Commission 888 First Street NE Washington, D.C. 20426 Re: Southern California Edison License Applications for Project Nos. 1932 (Lytle Creek), 1933 (Santa Ana Privet) and 1934 (Mill Creek), San Bemardino County, California Dear Ms. Salas: Enclosed are the comments on the Commission's Draft Environmental Assessment dated May 7, 2002 submitted in the above-referenced matters by Bear Valley Mutual Water Company, Big Bear Municipal Water District, Crafton Water Company, East Valley Water District, North Fork Water Company, City of Redlands, San Bernardino Valley Municipal Water District, San Bemardino Valley Water Conservation District, City of San Bemardino Municipal Water Department, West San Bemardino County Water District, and Yucaipa Valley Water District. Please feel free to contact me if you have any questions. Very truly yours, David R.E. Aladjem Enclosure cc: Attached Service List ~, UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION In the Matter of the Application of SOU'IllERN CALIFORNIA EDISON 1) For New Major License for the Project No. 1932-004 (Lytle Creek) Lytle Creek Hydroelectric Project on Lytle Creek in San Bemardino County, California 2) For New Major License for the Project No. 1933-010 (Santa Ama River 1 Santa Ana River 1 and 3 and 3) Hydroelectric Project on Santa Aha River in San Bemardino County, ~ California and 3) For New Major License for the Mil1 Project No. 1934-010 (Mil1 Creek 2/3) Creek 2/3 Hydroelectric Project on Mill Creek in San Bemardino County, California COMMENTS OF WATER PURVEYORS ON DRAFT MULTIPLE PROJECT ENVIRONMENTAL ASSESSMENT FOR HYDROPOWER LICENSES Submitted by: Bear Valley Mutual Water Company, Big Bear Municipal Water District, Crafton Water Company, East Valley Water District, North Fork Water Company, City of Redlands, San Bemardino Valley Municipal Water District, San Bemardino Valley Water Conservation District, City of San Bemardino Municipal Water Department, West San Bemardino County Water District, and Yucaipa Valley Water District. COMMENTS BY WATER PURVEYORS DKAFr M~-~ ~ PROJECT ~qVIRONMENTAL ASSESSMENT FOR HYDROPOWER LICENSES SANTA ANA RIVER PROJECTS LYTLE CREEK HYDROELECTRIC PRO~ECT FERC PROtECT'NO. 1932-004 SANTA ANA RIVER 1 AND 3 HYDROELECTRIC PROJECT FERC PROfliCT NO. 1933-010 MILL CREEK 2/3 HYDROELECTRIC PROJECT FERC PRO~ECT NO. 1934-010 CALn=OP, N~ June 19, 2002 Introduction and Summary of Comments On May 7, 2002, the Federal Energy Regulatory Commission (the "Commission") issued a Draft Environmental Assessment (the "Draft EA") under the auspices of the National Environmental Policy Act, 42 U.S.C. §§ 4331 et seq., in connection with the applications by Southern California Edison ("SCE") for new licenses for project numbers 1932 (Lytle Creek), 1933 (Santa Aha River 1 and 3) and 1934 (Mill Creek 2/3), all of which are located in San Bemardino County, California. The Draft EA concludes that hcensing the projects with Staffs additional recommended environmental protection and enhancement measures "would not constitute a major federal action significantly affecting the quality of the human environment" and so proposes to license the projects based upon a finding of no significant impact. Draft EA at 209. The Notice of Availability of the Draft EA provided that comments may be filed within 45 days, i.e., by June 21, 2002. Bear Valley Mutual Water Company, Big Bear Municipal Water District, Crafton Water Company, East Valley Water District, North Fork Water Company, City of Redlands, San Bemardino Valley Municipal Water District, San Bemardino Valley Water Conservation District, City of San Bernardino Municipal Water Department, West San Bernardino County Water District, and Yucalpa Valley Water District (collectively, the "Water Purveyors") have reviewed the Draft EA carefully. The Draft EA adequately considers and satisfies the Comm/ssion's obligations under sections 4(e) and 10(a) of the Comments on Draft EA June 19, 2002 Page I of 12 Federal Power Act to adopt a project which is best adapted to a comprehensive plan for the improvement (and development) of a waterway for beneficial public uses including irrigation and water supply, and that gives equal consideration to power and development purposes and the preservation of environmental quality. In particular, the Draft EA properly balances consumptive uses of water such as power generation, irrigation, or municipal use with non-consumptive use of water such as recreation, water quality, fish and wildlife uses, and the like. Furthermore, subject to the modifications and corrections described below, the Draft EA describes the scientific and technical reasons for its conclusions and so demonstrates that those conclusions are based on substantial evidence and are not otherwise inconsistent with the purposes and requirements of the Federal Power Act or other appl/cable law. In so doing, the Commission has complied with the draft guidelines that it recently issued to maximize the quality, objectivity, utility, and integrity of disseminated information. 67 Fed. Reg. 87 ('May 6, 2002). For these reasons, the Water Purveyors urge the Commission to issue new licenses to SCE upon the terms and conditions described in the Draft EA, with the modifications described below. The Water Purveyors believe these terms and conditions are consistent with the terms of the comprehensive plans outlined in the Draft EA. These Comments are divided into two sections. Section 1 addresses four issues that apply with equal force to each of the three watersheds in question: the protection of water rights, the need for so-called "take" protection under the federal and California endangered species acts, the application of Section 4(e) of the Federal Power Act, and the use of appropriate water temperature criterion. Section 2 provides watershed-specific comments for each of the streams in question. 1. General Comments a. Minimum Instream Flows Included in SCE' s New Licenses Should Not Infringe Upon Water Rights In the Water Purveyors' October 12, 2001 comments on the Notice of Ready for Environmental Assessment, it was noted that the Commission should only include minimum instream flows that are consistent with state water fights, citing the requirements of section 27 of the Federal Power Act. See 16 U.S.C. § 821 ("Nothing contained in this chapter shall be construed as affecting or intending to affect or in any way to interfere with the laws of the respective States relating to the control, appropriation, use, or distribution of water used in irrigation or for municipal or other uses, or any vested right acquired therein.") (emphasi's added); Water Purveyors' Comments Regarding Southern California Edison Company's License Application for Project Nos. 1932, 1933 & 1934 at 5. The Draft EA has appropriately adopted this limitation on its licensing activities, just as Congress contemplated when it enacted section 27 of the Federal Power Act.~ The Water Purveyors note, for the record, that the authority of the Forest Service under section 4(e) of the Federal Power Act to mandate conditions that are inconsistent with state law water rights is an unresolved legal issue in light of the lack of express autho.rity for such mandates and the longstanding Comments on Draft EA June 19, 2002 Page 2 of 12 As a general matter, the Draft EA is careful to note that SCE will not be required to release minimum instream flows when such flows would infringe upon water rights. For instance, at pages 66-67 of the Draft EA, the Commission expressly states that when water rights on Lytle Creek "may be adversely affected.., we recommend that SCE not be required to provide the recommended minimum flows." In that same discussion, the Draft EA concludes that the proposed flows on the Santa Aha River ("SAR") 1 bypass reach "would not be inconsistent with existing water fights agreements" and that the continued operation of Mill Creek 2/3 "would not be inconsistent with existing water rights agreements because there would be no change in the amount of diverted flow." Similarly, the Draft EA contemplates that when minimum instream flows might adversely impact pre-existing water rights, the minimum flows should be modified to avoid such impacts. Draft EA at 57 (Lytle Creek), 61 (Santa Aha River). Finally, in summarizing the proposed action, the Draft EA states that the "recommended streamflow monitoring plan would help identify when water rights [on Lytle Creek] may be adversely affected. In such instances, we recommend that SCE not be required to provide the recommended minimum flows." Draft EA at xi (emphasis added). Similarly, for the Santa Ana River and Mill Creek projects, the Draft EA's summary recommends "minimum flows or continuation of leakage consistent with SCE proposals, which SCE ind/cates it could provide within the constraints of the water rights agreements." Draft EA at xi (emphasis added). In order to ensure that the Draft EA's recommendations are consistent with its findings in that regard and to avoid any confusion, the Water Purveyors request that the Commission modify the Draft EA as follows (new language in italics): · On page 187, modify the initial bullet to state: "Continue to operate the project in an ROR mode without interfering with state water rights." · On page 188, modify the initial bullet under the heading "Santa Aha River 1 and 3 Project" to state: "Continue to operate the project in an ROR mode without interfering with state water rights." · On page 189, modify the initial bullet under the heading "Mill Creek 2/3 Project" to state: "Continue to operate the project in an ROR mode without interfering with state water rights." policy of federal deference to state law water rights. See generally Report of the Federal Water Rights Task Force Created Pursuant to Section 389(D)(3) of Pub. L. I04-127 (August 25, 1997). Because the Forest Service's instream flow conditions as adopted by the Draft EA limits such instream flows so as not to interfere with water rights, however, there is no actual conflict presented and therefore no need for the Commission or the pal-ties to address this issue at the present time. Comments on Draft EA June 19, 2002 Page 3 of 12 b. SCE' s New Licenses Should Provide "Take" Protection for the Water Purveyors The terms and conditions that the Commission is proposing to incorporate in SCE's new licenses generally include provisions for minimum flows below SCE's projects. In the case of Mill 3 and Santa Aaa River 3, the Commission proposes that SCE be required to maintain existing rates of leakage from the diversion darns. In the case of Lytle Creek, the Commission proposes to require SCE to release a minimum flow of 3 cfs. In the case of Santa Aaa River 1, the Commission proposes to require SCE to release minimum flows ranging from 7 to 11 cfs. Each of these min/mum flows has the potential to create habitat for aquatic speci'es that either are currently listed under tt/e California or federal Endangered Species Acts or that may be listed in the future under either statute. In addition, minimum instream flows may mamtmn or enhance riparian habitat on some of these reaches.- In fact, the Draft EA recognizes that "over long-term licenses, it is likely that other species may be proposed or listed that might be potentially affected by the implementation of our recommended enhancement measures." Draft EA at 194. Accordingly, the Water Purveyors are concerned that an interested party could allege that the modification of these flows in the future, for instance by the Commission during relieensing in thirty years or by the Water Purveyors within the limits of their water fights, would be construed to constitute a "take" of the species in question and thus subject the Commission or the Water Purveyors to liability. The Water Purveyors support the Commission's efforts to enhance the environment through a comprehensive plan for the development of Lytle Creek, the Santa Ann River, and Mill Creek. However, it would be counterproductive - to say the least - to reward such cooperation and support on the part of the Water Purveyors with a potential for adverse litigation in the future if the Water Purveyors seek to exercise their state law water rights. The U.S. Fish & Wildlife Service has recognized this nonsensical possibility in the administration of the federal Endangered Species Act and has sought to prevent it by enacting regulations providing a "safe harbor" for those private parties willing to assist in the protection and enhancement of listed species. See 62 Fed. Reg. 32,189-90 (June 12, 1997). Similarly, the Caiiforrda Endangered Species Act allows the California Department offish & Game to issue permits that have much the same effect. See Cal. Fish & Game Code § 2081, 2081.1; Cal. Code Regs. tit. 14, § 783.0 etseq. In order to avoid such a counterproductive result, the Water Purveyors request the Commission to add the following language recommending the adoption of additional procedures to preserve the rights and obligations of the Water Purveyors to the end of the 2 For the reasons set forth at length in the Water Purveyors' Reply Comments to Notice of Applications Ready for Environmental Analysis, dated November 27, 2001, the Water Purveyors do not believe that any level of minimum instream flows in the Mill 3 reach will have the effect of maintaining or enhancing a viable riparian corridor. Comments on Draft EA June 19, 2002 Page 4 of 12 discussion of "Threatened, Endangered, and Sensitive Species Protection Plans" on page 194 of the Draft EA: "In addition to the protection plans for Hall's monardella and Parry's spineflower, them is the potential that a number of other species could be listed under either the California or Federal Endangered Species Acts during the period of the long-term licenses that are dependent, directly or indirectly, on the minimum instream flow releases proposed in this draft EA. In order to encourage multiple uses of the water resources of Lytle Creek, the Santa Aha River, and Mill Creek as contemplated in our comprehensive plan for the development of these watersheds: · We will immediately commence informal consultation with the United States Fish & Wildlife Service for the purpose of maintaining and providing "incidental take" protection for the Water Rights Owners for the instrearn flows and leakage described in this draft EA pursuant to section 7 of the Federal Endangered Species Act. Those minimum flows and/or leakage may only be modified in the future after the completion of appropriate proceedings under the Federal Power Act to modify the license(s) in question. · The minimum instream flow and leakage requirements described in this draft EA are conditioned upon the U.S. Fish &Wildlife Service and the California Department ofFish & Game taking final agency action within three years of the date of issuance of SCE's new licenses to grant the Water Rights Owners such "take" protection that is reasonably acceptable to the Water Rights Owners. In the event that the U.S. Fish & Wildlife Service or the California Department of Fish & Game fail to grant such take protection within the three-year period, the minimum instream flow and leakage requirements contained in the new project licenses shall automatically be revised to "zero" instream flows or leakage for the remaining duration of the license term. · SCE shall consult with and obtain the consent of the Water Rights Owners to any and all protection plan(s) assessing the potential effect of furore actions on proposed or listed species. · The Water Rights Owners shall be granted "non-federal representative" status in any future consultation - formal or informal - relating to these projects with the U.S. Fish & Wildlife Service or the National Marine Fisher/es Service." Comments on Draft EA June 19, 2002 Page 5 of 12 c. Application of Section 4(e ) of the Federal Power Act The Draft EA states that certain project facilities are located on national forest lands and so suggests that al/three projects are subject to the provisions of section 4(e) of the Federal Power Act. See Draft EA at page 31. Portions of these facihties, however, are located outside of federal reservations. The Water Purveyors note that there is sigmificant uncertainty as to whether the U.S. Forest Service can rely on its authority under section 4(e) to regulate facilities located outside of a federal reservation. The Draft EA should be revised to avoid this potentially contentious issue. d. Water Temperature Criterion Throughout, the Draft EA uses a temperature threshold of 68° F. as a measure of the appropriate temperature for trout. It is important to note that the temperature criterion used by the Santa Ann Basin Plan for a COLD stream is a change of 5° F. due to controllable water quality factors. 2. Specific Comments a. Mill Creek i. Leakage. The Draft EA states in a number of locations (for instance, on pages 20, 63-64, 149, 157-58, 190, and 206-07) that the new license will require leakage from the Mill 3 diversion dam with/n the existing range of 1 to 2 cfs in order to maintain visible surface flows at the Forest Service's property. As noted at page 34 of SCE's comments dated November 29, 2001, leakage has been measured to be at least 0.5 cfs, which was shown to produce visible surface flows at the Forest Service's · property. The Draft EA should, therefore, be modified to state that SCE will allow existing rates of leakage, estimated as at least 0.5 cfs, from the Mill 3 diversion darn to con_tinue. The imposition of greater leakage requirements is unnecessary in order to maintain visible surface flows at the Forest Service's property, is not supported by evidence in the record, and is arbitrary and capricious. ii. Stream Flows. The Draft EA's statement on page 51 that Mill Creek upstream of the Mill 3 diversion dam is a perennial stream is not entirely accurate. Current observations of Upper Mill Creek verify that the stream supports both losing and gaining reaches. During certain periods of the year, some of the losing reaches are completely devoid of surface flow. Upper Mill Creek is best characterized as a highly variable stream with both perennial and intermittent reaches. The characteristics of Upper Mill Creek as recorded in the historical documentation were extensively discussed in Leidy et al. 2001:2-4 to 2-10, which was attached to the Water Purveyors' November 27, 2001 comments. Comments on Draft EA June 19, 2002 Page 6 of 12 fii. Fate-of-Flow Analysis. The Draft EA, at pages 52-5~-, does not recogr~ize that Mil/Creek in its natural condition was characterized by both gaining and losing stream reaches. Under pre-water resource development conditions, some reaches of the stream were perennial, and some were interrdttent. See Leidy etal. 2001:2-10 to 2-18. The Draft EA concludes that groundwater pumping is one of the causes of intermittent conditions. This conclusion is only warranted for the stream reach between Mountain Home Creek and Thurman's Cienega as affected by Mill Creek Owners Well No. 1, which is located at the Mountain Home Cienega and historically pumped from shallow groundwater. This pump has not been routinely used since 1992. Mill Creek Owners Wells 2A, 2 and 4 are deep wells that do not draw water from surface flows in Mill Creek. Indeed, Wells 2 and 2A actually add water to the surface flow of the stream. Stephen Dickey, a Certified Engineering Geologist, completed a comprehensive analysis of the effects of Wells 2 and 4 (Well 2A is not located close to the stream channel so was not evaluated), and concluded that natural streambed leakage in the Mill Creek 3 Reach can occur at sustained rates on the order of 2 to 4 cfs. Wells 2 and 4 do not pump sufficient volumes of water for them to control the position of the water table in the Mill Creek 3 Reach, a losing reach. See Leidy et al. 2001:4-14 to 4-24. The accretion noted by the Draft EA between Well No. 2 and Mountain Home Village is due to water upwelling at the Jackson and Tyler cienegas. The accretion noted between Mountain Home Village and Thurman Flats is due to upwelling at the Mountain Home and Thurman cienegas, plus inflow from Mountain Home Creek. The cienegas are gaining reaches typically located at "narrows" where bedrock is close to or reaches the surface, thus forcing water to the surface as well. Pumping losses do not have a significant effect on flow losses between Bear Paw Road and Well No. 2. The Draft EA's discussion of these issues should be revised based on the technical data provided by Dickey in Leidy et al. 2001. iv. Nature of Cienegas. The final sentence in the second paragraph on page 73 suggests that cienegas come-and-go, depending on climatological conditions. That is not accurate. The cienegas are permanent features of the landscape. The volume of water accreting from them may, however, vary with climatological conditions. v. Locatio~t offish Stocking. The first sentence of the th/rd paragraph on page 73 of the Draft EA states that the California Department of Fish & Game has stocked fish "at Forest Falls (just Comments on Draft EA June 19, 2002 Page 7 of 12 downstream of the diversion dam)." Actually, Forest Falls is located upstream of the Mill 3 diversion dam. Fish were stocked at the Forest Falls Picnic Area about two miles upstream of the diversion. vi. Mountain Yellow-Legged Frog. The mountain yellow-legged frog is believed to have been extirpated from Mill Creek in approximately 1965, and no verified sightings of this species have been made since 1951, despite a number of surveys for this species in the Mill Creek Canyon. Accordingly, the Draft EA's discussion of the mountain yellow-legged frog on page 126 should state that the frog is believed to be extirpated. See Leidy et al. 2001: 5-14. vii. Minimum Flows. The Draft EA's discussion of minimum flows in Mill Creek on pages 91-93 represents a good effort to briefly summarize an extremely complicated ecological system. Several points warrant further discussion. First, it is important to understand that minimum flow releases from the Mill 3 diversion dam would not benefit aquatic resources because: i) the groundwater table is hydrologically disconnected from surface flows during the low-flow period and, therefore, is unable to support the water requirements of riparian vegetation; ii) there is no lateral percolation of surface water for more than approximately one foot along either side of the active stream channel, which restricts riparian vegetation growth to the immediate margin of the stream; iii) there is significant channel instability due to frequent flood events that alter the location, incision, or width of the channel; and iv) there is a lack of structural habitat for aquatic species. Detailed discussions of each of these subjects can be found in Leidy et al. 2001:4-19 to 4-21 (groundwater hydrologically disconnected from surface flows), 4-18 to 4-19 (no lateral percolation), 4-12 to 4-13 (significant channel instability leading to lack of habitat) and in SCE's Corm'nents dated November 29, 2001 at 11-19. For these reasons, contrary to a statement on page 92 of the Draft EA, stable streamflows or minimum releases of 6 or 7 cfs would have relatively little impact on the persistence of trout in the Mill Creek bypass reach. Second, the small populations of trout that are found in the cienegas do not subsist on leakage from the Mill 3 diversion dam. That leakage percolates into the ground before it reaches the cienegas. As noted above, factors other than flow determSne the suitability of the Mill 3 bypass reach for trout. Instead, as noted in Leidy et al. 2001: 2-4 to 2-30, the cienegas are found in "narrows" areas where groundwater emerges on the surface because of the presence of bedrock. Accordingly, the cienegas are typically found to straddle the channel of the stream rather than being off-channel. Comments on Draft EA June 19, 2002 Page 8 of 12 Third, as noted by the Draft EA on page 93, no amount of water released from the Mill 3 diversion dam will achieve the water temperature goal of 68°F throughout the Mill 3 bypass reach without significantly impairing, if not shutting down, SCE's hydroelectric project. Further, in some climatological/hydrological years, it is unlikely that this goal will be achieved due to general drought conditions. In addition, even if the temperature goal could be achieved on a consistent basis, the discontinuity between surface water and groundwater, the limited lateral percolation of surface water, the channel instability, and other factors would, in combination, prevent a viable trout population from becoming established in the Mill 3 bypass reach. The best evidence of this is the Upper Mill Creek reach where, with the exception of SCE's diversions, conditions are virtually identical to those downstream of the Mill 3 diversion dam. There is no viable trout population upstream of the Mill 3 diversion dam; the Draft EA correctly finds that no quantity of minimum flows can correct these other natural conditions of the ecology of Mill Creek. Fourth, the Water Purveyors are unaware of any evidence suggesting that the Santa Aha sucker, Santa Ana speckled dace, and arroyo chub inhabit the Mill Creek Canyon. b. Lytle Creek The Draft EA concludes that relicensing the Lytle Creek project "could adversely affect the San Bemardino kangaroo rat and its critical habitat...." Draft EA at 28. The Draft EA bases this conclusion on the statement that "[m]odeled habitat is present.., and a population occurs several miles downstream of the project area." Draft EA at 124. The Water Purveyors disagree with this conclusion. Critical habitat for the San Bemardino kangaroo rat is found along Lytle Creek from the point that the creek emanates from the canyon 0Miller's Nm-rows) downstream to the flood control channels, including adjacent alluvial fans, floodplain terraces, and historic braided stream channels. At present, however, the San Bemardino kangaroo rat has never been determined to be present upstream of the Fontana water collection facilities (it has been found near the wash for about one-half mile upstream of 1-15), so the critical habitat designated in the stream reach influenced by the Lytle Creek project is, at best, unoccupied potential habitat? Under these circumstances, for there to be "harm" to the San Bemardino kangaroo rat, there must be evidence before the Commission showing that relicensing the Lytle Creek project would result in significant impairment of breeding or feeding by the San Bemardino kangaroo rat and showing that the degradation of this potential habitat The Water Purveyors understand that the U.S. Forest Service is planning to conduct San Bernardino kangaroo rat trapping upstream of Fontana's facilities to Miller's Narrows in 2002 to detern'dne if the species is actually present in the reach. Comments on Draft EA June 19, 2002 Page 9 of 12 would prevent (or at least retard) recovery. See 50 C.F.R. § 17.3; Babbitt v. Sweet Home, 515 U.S. 687,696-700 (1995); Arizona Cattle Growers v. United States Fish & Wildlife Service, 273 F.3d 1229, 1242-51 (2001). No such showing has been (or could be) made because there is no evidence that the San Bemardino kangaroo rat is anywhere in the vicinity or that the actions in question would have an adverse impact on the species if it were present. Accordingly, the Water Purveyors urge the Commission to revise the Draft EA to find that the relicensing of the Lytle Creek project "may affect, but is not likely to adversely affect" the San Bemardino kangaroo rat. c. Santa Aha River i. Fate-of-Flow Analysis. The Draft EA states that only flows released at the SAR 1 diversion dams (i.e., SAR and Bear Creek) in excess of 4.2 cfs would be manifest as surface flow in'the bypassed reach if groundwater pumping were occurring. See Draft EA at 48. The statement reflects a misunderstanding and requires clarification. The SCE fate-of- flow study results indicate that a release of 4.2 cfs from the SAR diversion dams would be required to achieve a visible surface flow downstream of the BVMWC Well No. 1 at the SAR 1 Powerhouse, if the well were pumping 2 cfs. Surface flow in the SAR 1 bypass reach would be visible until Well No. 1 was reached, then the flow would become subsurface. Therefore, there would be surface flow throughout the bypass reach from the SAR diversion dams until Well No. 1 was reached, a distance of 3.3 miles. The SCE fate-of-flow study assumed that there was no accretion to surface flows over the 3.3-mile reach, only depletion due to evapotranspiration and groundwater percolation. Further, the model did not account for the surface-groundwater dynamics of the SAR 1 bypass reach. Subsequent to the SCE fate-of-flow study, field measurements have documented that substantial accretion to surface flows may occur in the SAR 1 bypass reach. This is most evident following wet hydrological periods when the groundwater aquifer and soils of the area are fully recharged (like a sponge full of water). Over time, the aquifer and soils provide accretion to surface flows from springs, seeps, and cienegas. SCE has noted that leakage of as little as 0.5 cfs from the SAR 1 diversions dam has maintained a visible surface flow and lush riparian vegetation throughout the SAR 1 reach. The riparian vegetation is limited more by flood events than by lack of surface flow. Only in a prolonged drought when the aquifer and soils of the canyon are depleted of water reserves (the sponge is dry) would a release of 2.4 cfs be required (according to the model) to create a visible surface flow in the SAR 1 reach downstream to Well No. 1 at the downstream terminus of the bypass reach. Comments on Draft EA 3un¢ ! 9, 2002 Page ] 0 of 12 ~ ~ Z~ w ~ o ~ z oZ~ z z~ o o z 0 0 0~ ~ oo oo ~ ~ oo~=<o~ ~z ~ ~- ~ ~sooooo~o~~zz~<~ %.- Z LU(W o ~ ~zz ~ ~~ Z ~ ~oz ~ ~ 0 ---- ~ ~ Z ~ -~Z~2 ~ ~ z~ W o ~z ~8 ~ ° ° ° ° ° ~ o o~o~o~ EAS~T, VALLEY WATER DISTRIC' D~d~CTOR S FEES AND EXPENSE RId'lC'CRT i~f~ard Meetings: ~/ , Conferences and Other Meetinqs Date: /¢/--/ Organization cA~ ¢ / ,~r.~,~ Description ~'~.,~ ¢/,¢4,¢,¢'ZZg-Z ,///~. Date: ~/5 Organization £V~C/b Description ,4~-¢,x¢~.'~,,~,,/ Date: /¢~"~ Organization ~b'¢,¢¢ Description ,~, ¢~//'~¢' ~fi~' .. Date: Organization Descdptioa Date: Organization Description Date: Orgamzation Description Date: Organization Description Date: .Organization Description Date: Organization Description Date: Organization Description Date: .Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGS ~ @125.00 each $ Personal Auto: Miles x .325 per mile $ Parking Fees $ / Total Lodqin.qs, Meals & Other: (Details on Back). $.~/' Total Director's Expenses $ I~,/,.._ ~ ?' ' Total Director's Meetings & Expenses Signed ,/,~.,,~,'/ ¢.~,~¢'/¢~ Less any Advance Payments / ,' Date of Board Approval TOTAL DUE DIRECTOR EAST VALLEY WATER DISTRICT DIRECTOR'S FEE AND EXPENSES REPORT DIRECTOR: DON GOODIN MONTH June, 2002 Meetin.qs Claimed: Board Meetin,qs (Dates) 11, 25 conferences and Other Meetin,qs Date: 5 .Organization: Bud~etWorkshop Location: District Date: 6 Organization: .Mt~l/Ma¥or Lam/Brown Location: Tartan Restaurant Date: 13 Organization: State Of County Location: Raddison Hotel Date: t9,20,21, Organization:WESTCAS Location: San Die,lo Date: Organization: Location: Date: Organization: Location: Date: Organization: Location: Date: Organization: Location: TOTAL MEETINGS 8 X $125.00= $ 1,000,00 Personal Auto Date: .19,20, 21 Function: WESTCAS, San Die!~o 220 X34~5 $ 75.90 Date: Function: Total $ 75.90 Lod,qin,cl Date: 20,21 Function: WESTCAS $ 341.30 Date: Function: TotalS 341.30 Meals (Receipts) Date: Function: Date: Function: Total $ Other Date: Function: Date: Function: Total $ Total Directors Expenses . $ 417.20 Total Directors Fees (Meetings) $ 1,000.00 Less Advance Payments ~~OTAL DUE DIRECTOR $ 1,417.20 Signed APproved Date of Board Meeting July 10, 2001 EAST VALLEY WATER DISTRIC' DI~CTOR'S FEES AND EXPENSE Rk--~'ORT nlR~CTOR: Sturgeon MONTH OF: June 2002 ' · l~lCeertinc!s Claimed Boa!d Meeting (Dates): 11 Conierences and Other Meetinqs Date: 3 .Orgamzation ACWA Location conference Call Date: 5 Organization EVWD Location Budget Workshop Date: 16 - 28 Organization AWWA Location New Orleans Date: 10 Orgamzation ACWA Location Conference Call Date: 21 Organization AWWA Location New Orleans Date:. Organization Location TOTAL # OF MEETINGS 10 ~!125.00 each $. 1,250.00 PerSonal Auto: Date: Function Attended Miles x per mile $ Date: Function Attended Miles x per mile $ TOTAL $__ ~ incls: (Receipts attached) Date: 16 - 2O Function Attended '~ $ 128.57 Date: Function Attended $_ TOTAL $ 128.57 Meals: (Receipts attached) - Date: Function Attended $. Date: Function Attended $, TOTAL $. Othe;F Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ TOTAL $ SUMMARY: Total Director's Fees (Meetings) $. 1,250.00 Total Director's Expenses $. 128.57 ~' Less any Advance Payments -- $. ~-- TOTAL DUE DIRECTOR $. 1,378.57 Sign ,~d Appr~oved Date of Board Meeting EAST VA!.I~/' WATER. DISTRICT DII~CrOR'S FEES AND ~ ~T ~RS A~O.~SPORTA~ LOttO ~S EAST VALLEY WATER DISTRICT REQUEST TO SPEAK at the BOARD MEETING on Date of Meeting ~:oo Mr. Please Print Name Address Ci~ Zip Code Affiliation I wish to: [ ] speakin favorof [ ] speak in opposition of ~ ask questions ~r make comments about ~~ other Following is a sho~ explanation for my request: Please have this form delivered to the Board Secretaw. The Board President will call upon you to speak at the appropriate time. Thank you for your cooperation. ~~' RELEASES OF LIEN JULY 1, 2002 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 015-0190-2 88.60 2. 051-0045-4 59.43 3. 063-0313-6 100.311 4. 101-0168-0 30.84 5. 104-0175-2 51.78 TOTAL ,~ $ 330,96 +PAID THROUGH TAX ROLLS Page 1 of 1 Wright/Kiel Weir Box Overflow on 6-21-02 Caused by moss in North Fork Ditch City of I-Iighland 6-27-02 27215 Base Line Highland, California 92346 Attn: City Manager On June 21, 2002 between 6:30 and 7:30 am North Fork water was turned into Wright's weir box (80 inches) by East Valley Water District. There was a build up of moss due to Northern California Aqueduct water (exchanged for our good North Fork mountain flow water by San Bemardino Valley Municipal Water District). The moss caused Wright's pipeline to plug shut and the 80 inches of irrigation water flooded Avalon Homes construction area. Two back yards of houses under construction and an open Edison Trench were flooded. No real damage was done this time due to the fast action of an Avalon Homes construction person who told Tim McComber, Wrights' son-in-law, who was irrigating Wright's grove. The construction worker had tools to turn offthe water. His quick action saved the construction site from mai damage. I have pictures to show what happened in less than a half hour. Imagine what would have happened to Avalon Homes subdivision if this had occurred at night when no one was around to see the problem and get the water turned off?. Houses, streets and yards could have been badly damaged. Mr. and Mrs. Tim McComber, Wright's representatives, spoke to the City of Highland City Council about this potential danger at a Council n:teeting late last year or early this year. They asked that an emergency overflow be installed and that their request and warning be made part of the minutes of that meeting. Nothing was done to solve the problem. Now that we have experienced this flooding occurrence I am putting the City on notice. The Wrights, Kiel's, City of H/ghland, East Valley Water District and Avalon Homes need to find a solution to this dangerous situation. Wrights will not be held responsible for any damage done to Avalon Homes Subdivision or future owners of houses in this tract or any other entity due to the lack of an emergency drainage over flow facility. We, the Wright's did not create this problem and we will not be held responsible for any damage to others. Iramediate action to solve this problem must take place now. Sincerely, Margaret C. Wrigh~ / 29412 Water St. Highland, California 92346 cc Avalon Homes Mr. and Mrs. Donald Kiel East Valley Water District ~3~ The SOcial ~hour 's'~ · d~nner will bes : · ~ ¢~ Menu: &a~an: Top &~r~n: ~DO Chtc~n: ~a~d ~ean~'.Et;le reen ~d; Corn ~x_:: P~grfim: · Tim Moore, ~sk &c~nc~*.."c XVh~ I ~ave upmy,~?eer~ . · , ,' ' . . ' , . . Lwing as a 'nv erbo'a~ "~N, '. . ,~ >',.,~ : ' ~'' ~" ~ '"'"' ' ",' ': .... ~ ~m- . ,. .... ...., . . .~_ ' .................................... ..' ....... ~--:---~, ...........~Z .............. .............. · 7; .................... ~--;~ .... . ~_. · Because the Sierra Belle Tour Boat sea~ ONLY 80 p~ple, th~ dinner is on a FI~T CO~ : 7- basis. The boat' Will l~ve the dock at Pine ~ot Landing at 6.30 p.m. SHA~ and will not ~ return until 9:30 p.m. . : 7> ~MhN~ER: ~ere is a $2 surch~ge per person ~r reservation~ made a~er ~e deadline date ~d comng to the dinner meeting ~: wi~out having made rese~afions. You will ~so be billed for the dinner if c~cellatioa is not received P~OR to ~e deadline date. ,:~: ~ S~e~a Belie Pgdd!ewheel tour boat !s 10. toe, x'¢' ,P~ ohie~d n¢~ the B~ e~ L~e v~ll . · ~,~ !:. S S S~, RESPONsivE "26,2002 LEA, DE Lc- ~ ;,.,~'. San Diego, ~..~ Ca/-/.rorn ia l~est/n l~/Orton NEW TO THIS YEAR'S CONFERENCEI Exhibitor Cock.tail Showcase Reception ~ 8:30am - lO:30arn SDWCA Annual Meeting STATE MANDATED COST REVENUE A discussion regarding the opportunities for special dis- _~'.30~_arn~ - lO:30am tricts to receive reimbursement/revenue for State Man- Local Chapter Round Table Meeting dated Costs. A bdef history will be given of the process with a detailed description of the new and existing _l~ ~:O0~rn programs thai' special districts can access. Addition- ~ ally, example:; will be provided to calculate eligible Registration Opens costs for these programs. _~ Presented by: Andy Nichols, Centration 9:30am Exhibitor Showcase Opens CYC - CENTEI~i FOR YOUTH CITIZENSHIP The Center for Youth Citizenship works with schools and _~J~,.L communities ta teach students the knowledge, skills and attitudes needed to make sound decisions and Opening Lunch positive cont~butians fo their communities. Founded Welcome by President Chuck Beesley in 1984, CYC is a nonprofit 5011c) 13) organization com- CSDA Annual Meeting mitred to preparing young people for responsible and productive citizenship. See how you can help guide ~j~ 12:~Op__~m_~2:l~m_,._ your future district representatives! Ralph Helm - Legislative Review 2002 Presented by: Joseph Maloney, PhD EXHIBITOR SHOWCASE EFFECTIVE 'ADVOCACY COCKTAIL RECEPTION Making the right connections and effectively advo- cating for your interests will mean the difference in protecting your funding resources and getting what yOU need from elected officials on both the state and local levels. This session, conducted by CSDA's Public Relations Consultant, NCG Porter/Novelli, will provide a comprehensive overview on effective grassroots ad- vocacy. You will learn how to build and capitalize on the strength of your fellow CSDA members, present yourself at meetings and gain heightened visibility and influence in both the legislative and IocaJ government arenas. Presented by: NCG Porter/Novelll Wednes"day V September 25, 2002 _~_ 8:00arn - 10:OOam . koUts PERFO~NCE EVALUATIONS- LAWSUIT PREPARATION BOARD - MANAGER COMMUNICATIONS In most cases when an employee is terminated it is for This two-hour workshop will help board members and the violation of same type of policy: safety, personnel, managers: (1) improve board working relationships, etc. This session will discuss the importance of the devel- (2) improve communications with and between board opment of a strorlg personnel policy and the documen- members and senior staff, and (3) provide communi- tation process to terminate or modify the employee's cation tools and techniques to help participants be behavior. Good risk management policies help keep the more personally and professionally competent, public entity out of the courtroom. Presented by: Martin Nelson, Taylor-Nelson, LLC Presented by: Dennis Timoney, SDR/vlA CALIFORNIA - THE STATE OF WORKERS' COMPENSATION UNDER PERB JURISDICTION Effective January 1,2003, the benefit schedule for work- A practical update an labor relations since PERB as- ers compensation will increase. This workshop will dis- sumed jurisdictia~ in 2001~ This program will include a cuss the current status of the workers' compensation checklist on responding to PERB complaints, and prac- benefits system and what will happen as a result of AB tical tips on defending - and avoiding - unfair labor 749. Presented by: Dennis Timoney, $DWCA practice charges. Presented by: AHhur A. Hartinger, Partner A4eyers/Na~'e CONFLICT OF INTEREST ~jjl~uOnflicf of interest laws are enacted to assure that the ~ bi[o's interests never take a backseat to private con- _~ 2:~,O,,pm - 4:30pm ~ako u~$ siderations. Increasingly, governing board members and agency employees become entangled in decisions and THE RALPH M. BROWN ACT: IN SEVERAL ACTS (A DRAMA) transactions that violate one ar more af these complex Join in a humorous and instructional mock board meet- iaws. Thisworkshopwillexplainthemostsignifieantofthese ing that will offer attendees a complete overview of laws, and will provide practical, concrete examples of the Ralph M. Brawn Act. Came laugh and learn! pitfalls to avoid. Presented by: Liebert Cassidy Whitmo~e Presented by: I~lichael I~. Dean, Kronlck Moskovitz, Tiedemann & Girard ' VITAL COMMUNITIES FORUM lO:lEarn 12:00pm The "Vital Communities Forums" are a ser~es of regional MEDIA TRAINING AND MESSAGE DEVELOPMENT forums hasted by the Governor's Office af Planning and The phone rings and it's a reporter calling. What do Researchtadiscusshowthestateandiocalgovemments, you say? How do you convey a message that will reso- educational leaders, non-profits, businesses, community hate well with your target audiences and portray your leaders, youth and seniors can co[fabarate fo create mare special district in a positive light? CSDA's Public Rela- vital and economically healthy communities. tians Consultant, NCG Porter/Novelli, will present a com- prehensive media training session thatwill pravideuseful THE LAW OF MUNICIPAL REVENUES: A STATUS REPORT tips on haw to respond to media inquiries and frame An update on the status af Proposition 62 (another tax the right messages for television, print and radio, limitation measure] and Proposition 218. Presented by: Presented by: Steve Swart, NCG Porter/Novelli Michael Colantuono, Colantuono, Levin & Rozell, APC ~:. COMPLETE THE REGISTRATION FORMI REGISTER NOW! J 7:30am - 8:30am CSDA Board Meeting first-served basis at a special rote of $I 49 sir~gle occu- pancy and $1~9 double occupancy. You can make _ll~j. 8'30.L,3,g.g~ reservations by calling The Westin af 1-800-WESTIN-1 -~ and identifying yourself as a California Special Districts Annual Breakfast Association conference attendee. The deadline for .~__~Oarn making your hotel reservations is August 24, 2002. lO:OOam Valet parking is $18 per night and self parking is $15 DISTRICTS MAKING A DIFFERENCE per night. Both include in-and-ouf privileges. , This time is reserved for districts to share some of the exciting and innovative programs imple- CANCELLATION[ POLICY menfed in their district, if your district is inter- Cancellations must be made IN WRITING and received esfed in participating in this, please contact by CSDA (via fax or mail) no later than September 16, Karen Diliberfi af 877.924.CSDA. 2002. All cancellations received by September 16 will be refunded less a $25 processing fee. There will be ,,~._~_ ]O~'.gOq~....:, !]'...30em_ NO refunds for cancellations made after September Governor Gray Davis (invited) 16, 2002. NO EXCEPTIONS. Republican Gubernatorial Candidate Bill Simon (invited) SUBSTITUTION POLICY If for some reason, after registering, you find you are or/ unable to attend the conference, and would like tO terence Information substitute someone else from your district, please no- ~ tify the CSDA office in writing. This can be mailed to HOW TO REGISTER 1215 K Street, Suite 930, Sacramento, CA 95814 or foxed Register immediately for CSDA's 2002 Annual Confer- to 916.442.7889. ence by completing the registration form. Please re- turn the form on or before August 24, 2002 to receive GUESTS the early-bird rate. All conference pre-registrations guests may)oil'~ you for all meal functions provided a must be received by September 16, ')002. Registration separate meal pass is purchased in advance. Your after September 16 will be subject to space availabil- guest will be given a separate set of meal tick,ts and ify. Send your registration form and payment to 1215 a name badge for all functions. K Street, Suite 930, Sacramento, CA 95814 or fax [t to 916.442.7889. EXHIBITORS, SPONSORS AND PRIZES CSDA is once again proud to offer exhibit and span- HOTEL ACCOMMODATIONS sorsh[p opportunities. For more information, please call The 2002 Annual Conference will be held af The Westin the CSDA office toll-free at 877.924.CSDA. CSDA is also Herren Plaza San Diego. The hotel has set aside a block seeking donations for door prizes. Please call for more of rooms for CSDA that are available on a first-come, details. CSDA ANNUAL CONFEREIi'CE Check appropriate boxes & copy form for additional registrants. FULL REGISTRATION ' , . CN~_-r)A .F...,I~T..A,ION -T,,~.,A .... ,.,t,F-DAY PEG.STI1A. O,~ ,,Ef3N~.SDAY CALCULATE REGISRATION COST: PLEASE MAILJFAXTHIS FORMTO: Registration $ California Special Districts Association 1215 K Street, Suite 930 ~ Award Banquet $ Sacramento, CA 95814 Guest Meal Pass $ Fax: 916,442.7889 Total $ Toll-free: 877.924.0SDA TOTAL AMOUNT ENCLOSED: $ NAME/TITLE: DISTRICT/O RGANIZATION: ADDRESS: CITY: STATE: ZiP: PHONE: EMAIL: GUEST NAME (if applicable): METHOD OF PAYMENT: [] CHECK [] VISA [] MASTERCARD PRINT ACCT. NAME: ACCOUNT #: EXPIRATION DATE: SIGNATURE: SPECIAL NEEDS: [] WHEELCHAIR ACCESS [] VISUALLY IMPAIRED [] HEARING IMPAIRED [] VEGETARIAN [] OTHER: For Board Members, Managers, Secretaries and Senior Staff of Special Districts, Cities, Counties and Non-Profits A Special District Institute Seminar · The ~ on district administration · ~ -- the latest information · ~lgeltcag~.~le~ with practical advice you can use irrmaediately This is the third in a series of three seminars designed to give you the tools needed to challenges facing your district. This seminar incorporates learning :and discussion on the latest techniques and technology for effective administration. Try it - You'll walk away richer for it Caesars Resort Lake Tahoe ~October 10-11, 2002 Accompanying ~orkshops offered Oct. 9t~ and Oct. 12t*: Spedal districts can experience serious problems unless they have the necessary tools to build and maintain a successful district, Too often, district leaders may be unaware of approaching concerns 7:30 - 8:00 a.m. Registration and Continental Breakfast or problems until it is too late to deal with them. 8:00 - 8:15 Introductions & Opening Remarks 8:15 - 9:15 Principles for Successful District Administration This seminar provides valuable tools for pol/c7 9:30 - 10:30 Executing the Strateg7 - Road Map to Success makers and managers to reach your goals and 10:45 - 11:45 Worksh_op 1 - Administration Principles achieve success in your district. You will learn the Workshop 2 - Executing the Strategy new advances in information technology to support 12:00 - 1:30 Keynote Lunch: Informa~on Technology Trand~ your leadership initiatives and increase distdct 1:45 - 2:45 Successful Public Records Management performance, topics include: 3:00 - 4:00 Coll~oratlve Negotiations and Decision MaldnI 4:15 - 5:15 Workshop 1 - Negotiations and Decision Making · Strategic Management Workshop 2 - Benefits of Imaging Tectmology · Human Resources 8:18 - 6:15 Nemrorldng Reception ~ · Board Packages · Information Technology 7:30 - 8:00 a.m. continental Bt·al{fast · Public Records 8:00 - 9:00 Effective Board Packages · Negotiations & Purchasing 9:1~ - 10:15 Hiring and Keeping Great Employees · Records Management 10:30 - 11:45 World,hop I - Purchasing Power Workshop 2 - ~i~qng and Keeping Great Employees REGISTER NOW - 800-457-0237 12:00-1:00 Luncheon: Presentation of Certificates 1:15 - 2:15 Guld,elines for Human Resource Strategies ........................... : ...................................... 2:30 - 3:45 Workshop 1 - Pap·ri·ss Agenda ,'l !:O,1-1'.1.¢[- IlilSl' i;l'~'mlL'd t'li~ ~Idllld~'l' ldll;lllll. " Workshop 2- Human Resource Strategles "I tO~ a.~ ~¢: i ~'~i*~l:: ¥,'~"~tr.'~' :,;..'~ i! -'.r t ~}rg'" ' 3:45 - 4:00 Wrap-up Session: SuccessfulDistdctAdministratlon! · ,. ' , , .... ,,.', .' :,.v , ,~'..,,[, .~' ,'.' ' ,714'...°,. , . .'- · ., . .',.."' ',~ "., ' . ' - 9:00-4:00 , .,' · , , :. "~:. ,~?).,', .,~,,, .,,' ,~.,..,. Two Optional Workshops Offered ~I~IAT YOU'LL T,~,~... WHAT YOU'LL LEARN... · Board Secretary's role w/th ~e Board, Public, and Staff · How things can go wrong · How to make the agenda and minutes work together · Six keys to better Board-Manager relationships · Preparation for and facilitation of controversial Board meetings · The best roles for Board Members and Managers · New Board member orientations - what to include · How to reduce frustration and build great communication · Gracefully handling unique situations faced by Board Secremzies and tru~t OCTOBER 2t 02 - ENROLLM ENT FORM FAX: 760-643-1761 + PHONE: 800-457-0237 or 760--643-1760 V PO Box 769 · Bonsall, CA 92003-0769 Name: Title: Agencyx N!~iling Address: l*or Official Use Only CiW. State: Zip: Phone: Fax: E-rrmil: Webske: Guest Name: (A) $295 Board Secretaries Workshop 03) $295 Building Better Board/Manager Relationships Workshop (C) $565 Special District Administration Seminar 0Two Days) (D) $765 Seminar + Workshop ~95 savings) Select One: __ Board Secretaries or __ Board/M~mager Relationships (E) $965 Seminar + bo& Worl~hops ($1)0 savings) (F) $119 Order Handbook Ov2y - Board Secretaries (G) $119 Order Handbook Only - Building Better Board/Manager Relationships (H) $199 Order Handbook Only - Special District Administration Seminar (Handbooks MI1 be shCped the week after the event) '~ (I) $ 50 Spouse/Guest Meal Package for Workshop (J) $100 Spouse/Guest Meal Package for Seminar · · 10% Discount for attendance for 3 or more from same District · $25.00 Early registration discount (must receive Payment by 8/28/02) Sub Total of Registration $ Subtract 10%Discount for 3 ormore $ (~fap. pk'cable) Special Needs: Subtract $25,00 Early Registration $ (~f afl_Ob'cable) O V~aeelch~ir Access Certification Fee ($35.00) $ (~f aflpk~able) ID Visuatly Impaired Total Registration Fee $ [] lte~ing Impaired [] Vegetarian Meals METHOD OF PAYMENT: Payable to Special District Institute FI Other [] Check Enclosed for $ [] Please Invoice PO# ~1 Charge: O 5r~sa n M/C Card #. + (ld nmmbees + 3 nmmbers Hsted bJ the s~.matrxe area on back) Signature Expiration Date'. "~md~POBox769 flTT~: SECRETARY TO THE BORRD - PLERSE ROUTE '£i~ Ihh,,,hl,h,h,,Ih,ih,,ih,h,l,,hll,,,h,l,lh,,hlh,I Tahoe, South Lake Tahoe - Hotel Accommodations... ~upon rCClUest,::tor x~o actcLt~.onal charge, Each Participant Receives... Comprehensive handbook, all class materials, continental breakfast each day, refreslLment breaks, lunch each day, and networking with instructors and peers. Tuition does not include lodging or other meals. Certification Program... 137 attending this seminar, you are automatically enrolled as a candidate for the Certificate Program in Special District Leadership and Management. There is a $35 administrative fee that veil/be charged w/th the enroiknent of your th/rd Seminar. Seminars can be taken in any order and must be completed withgn a three-year period. Guest Meal Package... ~uests may join you for all meal functions provided a separate meal package is purchased in advance. Your guest w/il be given a name badge that will allow admittance to all meal functions. Discounts Available... Special Car Rental Discount... ~ - special arrangements have been ~ - discounted rates are available. Call Avis made for discounted car rentals. Call Enterprise in Reno at at 800-331-1600 reference Account No. D900923 and Rate 800-593-0505 and reference Code No. CD8818. Code: Daily or Weekly - OO. Special Airline Discounts with... ~ offers d/scounted alrfares for th/s event ' ' is offering a 10% discount on most Call United 800-521-4041 to book your reservations and of its already low fares, for travel to and from th/s event. receive a 5% discount off the lowest applicable published fare, Call the Southwest Airlines Group and Meeting Reservations including First Class, or a 10% discount off m/d-week coach at 800-433-5368. Reservations must be made at least 5 days farek An additional 5% discount will apply if ~ckets are prior to travel. Discounts are subject to terms and ava/labiliry. purchased at least 60 days in advance of travel date. Use Use Meeting ID No. T9096. Meeting II) No. 501.M'P. ~ancellations, Refunds~ and Fees... Written cancellation requests received on or before September 24, 2002 will receive a refund, le~s a $50 processing fee. Full payment is requ/red if cancellation i~ received on or after September 25, 2002 - no refunds and no credSts for future eventS will be granted. However, substitutions may be made at any time. There will be a $25 fee charged for checks retarned for insufficient fimd~ or for ered/t cards denied. SDI rererves the right to make changer in programs and speakers, or to cancel program~ when coadition~ beyond itS control prevail. Every effort wi~. be made to contact each enrollee if a program is cancelled, If a program is not held, SDI's liabilHy is limited to the refund of the pro=am fee onI,z OCTOBER 2 ,02- ENROLLMENT FORM FAX: 760-643-176t * PHONE: 800-457-0237 or 760-643-1760 PO Box 769 · Bonsall, CA 92003-0769 Name: Title: Agency: lvi~t'l~ ~.ddress: For Official Use Only City:. State: Zip: Phone: Fax: E-mail: Website: Guest Name: (A) $295 Board Secretaries Workshop CB) $295 Building Better Board/Manager Relationsh/ps Worl~shop (C) - $565 Spedal District Adm/nlsttation Seminar (Two Days) (D) $765 Seminar + Workshop ($95 savings) Select One: __ Board Secretaries or __ Board/Manager Relationships (E) , $965 Seminar + both Workshops ($190 sa~ings) (F) $119 Order Handbook Only - Board Secretaries (G) $119 Order Handbook Only - Building Better Board/Manager Relafiomkips (H) $199 Order Handbook Only - Special District Adm/nlstration Seminar (Handbooks udll b~ sh~)ped th~ ~veek a~r the event) (I) $ 50 Spouse/Guest Meal Package for Workshop tJ) . $100 Spouse/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 8/28/02) Sub Total of Reg/sttation $ Subtract 10% Discount for 3 or more $ (~f afifilicabk) Special Needs: Subtract $25,00 Early Registration $ Of aPfi~cabls) r"l Wheelchair Access Certification Fee ($35.00) $ Of ap~olicable) f'l x/iwaally Impaired Total Registration Fee $ £1 Hearing Impaired r'] Vegetarian Meals METHOD OF PAYMENT: Payable to Special District Institute ~l Other ~] Check Enclosed for $ ~1 Please Invoice PO# [] Charge: ID Visa [] M/C Card # + 7~nurabers + $ nm-mbars h'~ted ~ the s/.~2atuze area on back) Signature Expkatlon Date:.