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Home My WebLink AboutAgenda Packet - EVWD Board of Directors - 11/26/2002 East Valley Water District 1155 DEL ROSA AVENUE, SAN BEKNARDINO, CA REGULAR BOARD MEETING November 26, 2002 2:00 P.M. AGENDA "In order to comply with legal requirements for posting of agenda, only tho~e items filed with the District Secretary by 10:00 a.m. on Tuesday prior to the following Tuesday meeting not requiring departmental investigation, will be considered by the Board of Directors". CALL TO ORDER PLEDGE OF ALLEGIANCE 1. Approval of Agenda 2. Public Comments CONSENT CALENDAR 3. Approval of Board Meeting Minutes for November 12, 2002. 4. Approval of Liens for Delinquent Water and Sewer Accounts. 5. Approval of Development Agreement between East Valley Water District and Vespar Development Co. to provide domestic water and sewer service to twenty-two (22) dwelling units located West of Palm & N/S Piedmont Drive in the City of San Bemardino. 6. Approval of Development Agreement between East Valley Water District and Richmond American Homes to provide domestic water and sewer service to Eighty-three (83) dwelling units located at Baseline and Weaver in the City of San Bernardino. 7. Review and Accept Financial Statements for the period ended October 31,2002. 8. Accounts Payable Disbursements: Accounts Payable Checks //191238 through #191384 were distributed November 7, 2002 through November 20, 2002 in the amount of $942,333.90. Payroll Checks for period ended November 22, 2002 and included checks and direct deposits in the amount of $108,334.88. Total Disbursements for the period were $1,050,668.78. OLD BUSINESS 9. Radon Rule Update (General Manager) 10. Site of District Headquartefs and Related Facilities Update (General Manager) NEW BUSINESS 11. Public hearing to consider adoption of a Negative Declaration and Notice of Availability of an Initial Study for East Valley Water District's Arroyo Verde Mutual Water Company take-over and Water System Improvement Project. 12. Discussion and possible action regarding Adoption of Negative Declaration and Notice of Availability of an Initial Study for East Valley Water District's Arroyo Verde Mutual Water Company and Water System Improvement Project. 13. Discussion and possible action regarding options for the design and construction of a sewer main on Millar Street in response to correspondence received from Mr. Wallace Platner. 14. Discussion and possible action regarding the canceling or rescheduling of the December 24, 2002 Board Meeting due to the Holiday conflict. 15. Resolution 2002.50 - Authorize Execution of a Quitclaim Deed to Rancho San Anch'eas Company. REPORTS 16. November 18, 2002 - Releases of Lien for Delinquent Water and Sewer Accounts. 17. General Manager's Report. 18. Oral Comments from Board of Directors. CORRESPONDENCE 19. Correspondence from Bette Boatman, ACWA Board President, in response to a letter from Mr. Pistoresi wherein he took issue with ACWA's position on Proposition 50. MEETINGS 20. CMUA "2003 Legislative Briefing, Legislative Visits & Reception", Hyatt Regency Sacramento, January 27, 2003. ADJOURN 2 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING NOVEMBER 12, 2002 MINUTES The meeting was called to order at 2:00 p.m. by President Goodin. Director Lightfoot led the flag salute. PRESENT: Directors Lightfoot, Sturgeon, Negrete, Wilson, Goodin ABSENT: None 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, Matt LeVesque, Charles Roberts (Highland Community News), Alan Schnepf (The Sun), Brad Sundquist (City of Highland), Ray Rucker (City of Highland), Steve Graves (City of Highland), Sam Racadio (City of Highland) APPROVAL OF AGENDA M/S/C (Sturgeon-Negrete) that the November 12, 2002 Agenda be approved as submitted. PUBLIC PARTICIPATION President Goodin declared the public participation section of the meeting open at 2:02 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF OCTOBER 29, 2002 BOARD MEETING MINUTES. M/S/C (Sturgeon-Negrete) that the October 29, 2002 Board Meeting Minutes be approved as submitted. APPROVAL OF NOVEMBER 6, 2002 BOARD MEETING MINUTES. M/S/C (Sturgeon-Negrete) that the November 6, 2002 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 Account Numbers: 0150122-05, and 0420179-03 had been paid and should be removed from the lien list. M/S/C (Sturgeon-Negrete) that the liens for delinquent water and sewer accounts be approved for processing with the exceptions as noted by the General Manager. RESOLUTION 2002.48 - CONVEYANCE OF A 24-FOOT NON~EXCLUSIVE EASEMENT FROM TRIMARK.PACIFIC EAST HIGHLANDS, LLC WITHIN TRACT '15985-2 IN THE CITY OF HIGHLAND was presented to the Board for acceptance. M/SIC (Sturgeon-Negrete) that Resolution 2002.48 be accepted. RESOLUTION 2002.49 - CONVEYANCE OF A 20-FOOT and 22-FOOT NON- EXCLUSIVE EASEMENT FROM TRIMARK-PAClFIC EAST HIGHLANDS, LLC WITHIN TRACT 15985-2 IN THE CITY OF HIGHLAND was presented to the Board for acceptance. M/S/C (Sturgeon-Negrete) that Resolution 2002.49 be accepted. DISBURSEMENTS M/S/C (Sturgeon-Negrete) that General Fund Disbursements #191095 through #191237 distributed during the period of October 25, 2002 through November 6, 2002 in the amount of $1,289,124.48 and Payroll Fund Disbursements for period ended November 8, 2002 in the amount of $84,703.03 totaling $1,373,827.51 be approved. RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; that the language submitted for the Radon Rule had been approved by both committees and would now proceed to the next step. information only. DISCUSSION AND POSSIBLE ACTION REGARDING OPTIONS TO THE CITY OF HIGHLAND FOR THE LOCATION OF THE NEW DISTRICT HEADQUARTERS AND RELATED FACILITIES. 2 MINUTES: NOVEMBER 12, 2002 Location options, as well as environmental concerns, regarding a new site for a future District headquarters comlex were discussed at length by Board members and staff as well as representatives from the City of Highland. A tour of the various proposed sites was suggested and, because of the importance for a satisfactory decision for all parties concerned, the item was deferred to the Regular Board Meeting on January 14, 2003 and that a progress report be an Agenda Item until the Board Meeting on January 14th. Information only. DISCUSSION AND POSSIBLE ACTION REGARDING THE DISTRICT'S PROPERTY ON HIGHLAND AVENUE. No action was taken. PRESIDENT GOODIN DECLARED A SHORT BREAK IN THE BOARD MEETING AT 2:55 P.M. PRESIDENT GOODIN DECLARED THE MEETING RE-OPENED AT 3:00 P.M. RESOLUTION 2002.47 - RECOGNITION OF GORDON C. GRANT'S T1/VENTY-FIVE (25) YEARS OF SERVICE was presented to the Board for approval. M/SIC (Lighffoot-Wilson) that Resolution 2002.47 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING THE FEDERAL MILEAGE RATE FOR YEAR 2003. M/SIC (Sturgeon-Wilson) that the Federal Mileage rate of $.36 cents per mile be approved, effective January 1, 2003. DIRECTOR'S FEES AND EXPENSES FOR OCTOBER 2002 were presented to the Board for approval. M/SIC (Wilson-Light"root) that the Director's fees and expenses for October 2002 be approved. INVESTMENT REPORT FOR QUARTER ENDED SEPTEMBER 30, 2002. The Investment Report for Quarter ended September 30, 2002 was reviewed. Information only. NOVEMBER 6, 2002 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS, List of liens released on November 6, 2002 was reviewed. Information only. 3 MINUTES: NOVEMBER 12, 2002 GENERAL MANAGER'S REPORT The General Manager reported on District operations to date. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Wilson commented on his participation at the Water Resources Institute (WRI) Conference at the Double Tree Hotel in Ontario on November 8th. Information only. Director Goodin stated that he was in attendance at the WRI Conference on November 8th and that Director Wilson had done a commendable job as a speaker. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. CORRESPONDENCE FROM RON PISTORESI, BOARD PRESIDENT OF THE MADERA IRRIGATION DISTRICT, TO ACWA MEMBERS REGARDING PROPOSITION 50. Information only. ASBCSD MEMBERSHIP MEETING HOSTED BY MOJAVE WATER AGENCY AT THE GREEN TREE INN, VICTORVILLE, CA, NOVEMBER 18, 2002. Information only. SAN BERNARDINO AREA CHAMBER OF COMMERCE "BUSINESS AFTER HOURS", HOSTED BY J. R. FREEMAN, 123 SOUTH D STREET, SAN BERNARDINO, CA., NOVEMBER 21,2002. Information only. CLOSED SESSION M/S/C (Wilson-Negrete) that the meeting adjourn to Closed Session. The Board entered into Closed Session at 3:10 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the Agenda. ADJOURN TO REGULAR SESSION President Goodin declared that the meeting adjourn to regular session. 4 MINUTES: NOVEMBER 12, 2002 ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 3:35 p.m. The items listed on the Agenda were discussed in closed session with no reportable action being taken except: With Respect to Item #22 - No reportable action. With Respect to Item #23 - Board authorized Legal Counsel to seek relief through the Bankruptcy Court for the debt owed to the District. ADJOURN The meeting was adjourned at 3:38 p.m. until the next regularly scheduled Board Meeting on November 26, 2002. Donald D. Goodin, Board President Robert E. Martin, Board Secretary 5 MINUTES: NOVEMBER 12, 2002 CERTIFICATE OF LIEN NOVEMBER 26, 2002 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0010119-01 $142,06 2. 0020088-01' $43.53 3. 0020117-00* $140,90 4. 0020174-02* $183.26 5. 0070113-05* $13.06 6. 0070194-04* $114.74 7. 0081519-02* $116.72 8. 0150220-03* $26.81 9. 0230050-01 $38.66 t0. 0350146-01' $215.85 11. 0362425-00 $122.73 12. 0420264-03* $86.36 13. 0440014-16' $228.32 14. 0440028-03* $150.87 15. 0440179-02*+ $258.64 16. 0541762-02 $24.55 17. 0630118-06* $71.15 18. 0730100-04* $15.38 19. 0810044-03* $148.93 20. 0820118-02* $77.25 0830002-01+ $225.85 22. 0830169-01+ $344.57 23. 0830200-05* $16;02 24. 0920182-03* $136.74 Page 1 of 2 25. 0930124-07' 23.68 V 26. 0930272-02' $191.98 27. 0940180-09* $22.85 28. 1010036-05* $11.59 29. 1020137-04 $73.34 30. 1030018-00*+ $231.30 31. 1040137-09*+ $140.72 32. 1040203-09* $88.91 33. 1110070-01' $21.35 34. 1120118-06* $63.53 35. 1120152-00 $49.15 36. 1140016-04* $65.59 37. 1270263-05 $84.78 38. 1360180-01 $81.62 39. 1440572-06* $77.80 40. 1442004-00* $43.70 41. 1520212-02* $37.94 42. 1540176-04*+ $225.50 43. 1540333-03* $94;40 44. 1542156-02*+ $279.76 45. 1570017-00* $224.73 TOTAL ~ $5,077.17 * STILL OWNS PROPERTY + MULTIPLE UNITS Page 2 of 2 DEVELOPMENT AGREEMENT THIS AGREEMENT is made this 5th day of November , 2002, by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and Vespar Development Co. , a California Corp ~ :": (hereinafter "the DEVELOPER"). RECITALS A. The DISTRICT is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. B. The DEVELOPER proposes to subdivide and develop certain real property within the boundaries of the DISTRICT which is located at l~est of Palm & N/S Pie~ont Drive , in the City of San Bernard, County of San Bemardino, State of California, and is generally identified as Tract No. 10302 (hereinafter "the PROPERTY"). A copy of the Tentative Tract Map for the PROPERTY is attached hereto as Exhibit "A" and is incorporated herein by this reference. C. The development of the PROPERTY will consist of 22 dwelling units, and the DEVELOPER desires that the DISTRICT provide domestic water and sewer service to the PROPERTY. The DEVELOPER intends to design and construct the facilities necessary for water and sewer service to be furnished to the PROPERTY. D. The DISTRICT supplies domestic water and sewer service within the area to be served and is the public agency empowered by law to provide such services to the PROPERTY. E. The purpose of this AGREEMENT is to provide the terms and conditions under which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to supply water and sewer service to the PROPERTY (hereinafter "the PROJECT"). COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: Section 1. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in the following manner and according to the Rules and Regulations of the DISTRICT: a. The DISTRICT agrees to provide to the DEVELOPER tentative water and sewer plans which conform to the requirements of the DISTRICT. b. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in accordance with the DISTRICT's Standards for Design and Processing of Water and Sewer Plans and the tentative plans provided by the DISTRICT. The designs shall be submitted to the DISTRICT in a complete form which shall provide sufficient information for review and approval by the DISTRICT in the exercise of its sole discretion. c. The DISTRICT may request certain changes in the plans to provide for oversizing of facilities, which DEVELOPER agrees to incorporate into the plans and specifications for the PROPERTY. d. The DEVELOPER shall furnish the DISTRICT with any and all easements necessary for the construction, operation, maintenance, and repair of any and all water and/or sewer facilities to be installed and/or used for the PROJECT. All easements shall be submitted to the DISTRICT for review and approval by the DISTRICT in the exercise of its sole discretion prior to the DISTRICT's acceptance of any dedication of the PROJECT facilities under Section 6 of this AGREEMENT. e. The DEVELOPER shall submit ail plans, drawings, specifications, and contract documents, for all work to be performed pursuant to this AGREEMENT, to the DISTRICT for review and approval, if acceptable to the DISTRICT. The DISTRICT agrees to review all such documents in a timely manner and, upon inclusion of all changes thereto requested by the DISTRICT in a manner satisfactory to the DISTRICT, the DISTRICT will provide the DEVELOPER with authorization to proceed. The DEVELOPER shall not proceed with the construction of the PROJECT and any other water or sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. CONSTRUCTION OF FACILITIES. The DEVELOPER agrees to construct the PROJECT and all other water and sewer facilities necessary for the PROPERTY in the following manner subject to the DISTRICTs approval: a. The DEVELOPER shall obtain all necessary permits from the (city or county) and all other public or private agencies required for the construction thereof. The PROJECT and the facilities appurtenant thereto shall be constructed at a location determined by the DISTRICT, and shall be relocated by the DISTRICT at the DEVELOPER's sole expense if such relocation is deemed necessary by the DISTRICT in its sole discretion. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY and ail other locations where the work contemplated herein is to be performed. b. All facilities constructed pursuant to this AGREEMENT shall be in accordance with accepted standards and practices in the industry and in compliance with all local, state, and federal laws, rules, and regulations. The DEVELOPER shall be responsible for providing all labor, materials, and equipment necessary to perform the work for the PROJECT, and such work shall be performed in a timely and workmanlike manner by a party or entity acceptable to the DISTRICT. All such facilities shall conform to the DISTRICT's Standard Specifications for the Furnishing of Materials and the Construction of Water and Sewer Pipelines. All costs and liabilities in connection with the design and construction of the PROJECT shall be borne solely by the DEVELOPER. c. The DISTRICT shall inspect and approve all work to be performed under this AGREEMENT. However, any approval by the DISTRICT of such work, or of the designs, specifications, reports, and/or materials furnished hereunder, is understood to be conceptual approval only and will not operate to .~, relieve the DEVELOPER or its contractors, consultants, or subcontractors of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or their own willful misconduct. Further, neither the DISTRICT's review, approval, or acceptance of any of the work or services performed in connection with this AGREEMENT shall be construed as a waiver of any rights hereunder or of any defense or cause of action which the DISTRICT may have arising out of the performance of this AGREEMENT or any previous or subsequent a~reements. The DEVELOPER shall cause the facilities constructed under this AGREEMENT to be inspected as required by any and all other public or private agencies. Section 3. DEVELOPER'S COSTS. In addition to all other obligations imposed upon the DEVELOPER under this AGREEMENT, the DEVELOPER shall be responsible for the payment of all of the following: a. The DEVELOPER shall pay to the DISTRICT all, or any portion, of the connection fees for the PROPERTY at the time of application for water and sewer service therefor. The DISTRICT will provide water and sewer service only to those specific subdivision lots within the PROPERTY for which payment in full has been made to the DISTRICT. b. The DEVELOPER shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation of the PROJECT, including all .costs, fees, and expenses incurred for the environmental analysis, engineering, and design of the PROJECT. c. The DEVELOPER shall comply with ali rules, regulations, resolutions, and ordinances of the DISTRICT that are currently in place or may 4 hereafter be adopted, and shall pay when due any and all fees, deposits, charges, rates, fines, penalties, taxes, and/or assessments that may be levied by the DISTRICT. d. The DEVELOPER hereby consents, and waives any objection, to the exercise of any and all collection remedies that are available to the DISTRICT under the law upon the PROPERTY and/or the person and/or property of DEVELOPER and its shareholders and partners. Section 4. SECURITY. a. The DEVELOPER shall provide performance, completion, and/or payment bonds for the PROJECT kn the minimum amount of not less than 100 percent of the estimated construction costs containing covenants which are acceptable to the DISTRICT and the (ci _ty or county) b. The DEVELOPER shall provide a maintenance bond for the PROJECT in the amount of I00 percent of the construction cost, which shall contain covenants which are satisfactory to the DISTRICT. Such bond shall remain in rome for at least twelve (12) months from the date of acceptance by the DISTRICT of the dedication of said facilities. c. The DEVELOPER shall also procure and maintain during the performance of this AGREEMENT such policies of insurance, bonds from an acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms of security, in amounts and upon terms deemed sufficient by the DISTRICT in its sole discretion to protect the DISTRICT from any and all exposure to loss and/or liability. Section 5. COSTS FOR OVERSIZING. Pursuant to Section 1.c. of this AGREEMENT, the DISTRICT agrees to pay to the DEVELOPER the incremental cost of oversizing any PROJECT facilities greater than twelve inches (12") in diameter for water distribution pipelines and ten inches (10") in diameter for sewage collection pipes. The DISTRICT shall determine the amount of the incremental cost of oversizing and the method of payment in the exercise of its sole discretion prior to its acceptance of the PROJECT facilities. Section 6. DEDICATION OF FACILITIES. a. The DEVELOPER shall, upon completion of the construction of all facilities to be installed hereunder to the satisfaction of the DISTRICT, dedicate said facilities to the DISTRICT by a deed of dedication or such other instrument as the DISTRICT may prescribe, and the DISTRICT agrees to accept the dedication thereof by formal action of its Board of Directors. Thereafter, such dedicated facilities shall become and be operated and maintained by the DISTRICT as part of the DISTRICT's water and sewer system. The DISTRICT shall not accept dedication of said water or sewer facilities until all connection fees have been paid unless otherwise allowed under Section 3.a. herein. b. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY for the purpose of installing, operating, inspecting, maintaining, and repairing all meters, valves, and other appurtenances necessary for the DISTRICT to record, regulate, and controI the amount of water pumped therefrom. Section 7. SERVICE RESTRICTIONS. Any obligation on the part of the DISTRICT to supply water to the PROPERTY pursuant to the terms of this AGREEMENT shall be excused in the event that the performance thereof is interrupted for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, court order, natural disasters sucl~ as floods, earthquakes, landslides, and fires, and other labor disturbances and other catastrophic events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other provision to the contrary, the DISTRICT may suspend or refuse water service to the PROPERTY if the DEVELOPER is in breach, default, or violation of this AGREEMENT or any role, regulation, resolution, and/or ordinance of the DISTRICT that is currently in place or may hereafter be adopted, or if such service would adversely affect the health, safety, or welfare of the DISTRICT's customers, or for any other reason deemed paramount by the DISTRICT in its sole discretion. Section 8. NO REPRESENTATIONS, WARRANTIES, OR CLAIM OF WATER RIGHTS. The DISTRICT makes no express or implied representations or warranties concerning the quality, pressure, or temperature of any water delivered pursuant to the terms of this AGREEMENT, or the manner in which the water is provided, or its fitness for any particular purpose, and the DISTRICT shall not be held liable for any losses incurred or damages sustained as a direct or indirect result thereof, nor shall the DISTRICT be held liable for any losses incurred or damages sustained after the water fun'fished hereunder is transferred to the PROJECT facilities. Any water conveyed by the DISTRICT under this AGREEMENT shall not serve as the basis of, or otherwise support, any water rights claim that may be asserted by the DEVELOPER. Section 9. LIABILITY FOR DAMAGES. The DISTRICT shall not be held liable or responsible for any debts or claims that may arise from the operation of this AGREEMENT, or for any damage claims for injury to persons, including the DEVELOPER and/or its officers, directors, shareholders, guests, invitees, trespassers, agents, contractors, consultants, and employees, or for property damage, from any cause arising out of or in any way related to the PROPERTY, the PROJECT, and/or the DEVELOPER's obligations hereunder. Section 10. RELEASE. The DEVELOPER hereby expressly waives and releases the DISTRICT and its agents, officers, directors, and employees from any and all liability for the claims, actions, and/or losses set forth in Section 9 above and for any costs and expenses incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor did not know or suspect to exist in his or her favor at the time of the executed release which if known by him or her must have materially affected his or her settlement with the debtor." expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER thereunder and under any and all similar laws of any state or territory of the United States with respect to the claims, actions, and/or losses referenced above. This AGREEMENT shall act as a release of any claims that may arise from the aforementioned whether such claims are currently known or unknown. The DEVELOPER understands and acknowledges the significance and consequences such specific waiver of Civil Code § 1542 and hereby assumes full responsibility for any injuries, damages, losses, or liability that may result from the claims identified above. This AGREEMENT shall also act as a release of any claims, actions, and/or losses set forth in Section 9 above, that may arise in the future whether such claims are currently foreseen or unforeseen. Section 11. HOLD HARMLESS. Excepting the sole or active negligence or willful misconduct of the DISTRICT, the DEVELOPER shall indemnify and hold the DISTRICT and its officers, directors, agents, and employees harmless from and against all claims and liabilities of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on the part of the DEVELOPER and/or its officers, directors, shareholders, partners, assignees, guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with the PROPERTY, the PROJECT, and the performance of their obligations under this AGREEMENT, including design defects, even if occurring after the completion of the PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees from any suits or actions at law or in equity for damages, and pay all court costs and counsel fees in connection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and hold the DISTRICT harmless from and against all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs, expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and accountants), and all foreseeable and unforeseeable consequential damages which might arise or be asserted against the DISTRICT and/or the DEVELOPER with regard to the PROPERTY and/or the PROJECT which are alleged and/or determined to be tortious, and/or in violatio'n of present and future federal, state, and local laws (whether under common law, statute, role, regulation, or otherwise), including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, California Code of Regulations Section 15000 et seq., ail as the same may be amended from time to time. Section 12. NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated as of mailing or in the case of personal delivery, as of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section. If to the DISTRICT: East Valley Water District P.O. Box 3427 1155 Del Rosa Avenue San Bemardino, CA 92413 Attn: General Manager If to the DEVELOPER: Vespar Development Co. 1399 W. Colton Avenue, Ste. 5 Redlands, CA 92374 Wm. C. Buster/ Attn: Mark Buster Section 13. DISPUTES. Any dispute or controversy arising out of, under, or in connection with, or in relation to this AGREEMENT, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through 1294.2 of the Code of Civil Procedure. The cost of such arbitration shall be paid by the parties equally; however, the prevailing party in the arbitration shall be entitled to reimbursement of its attorneys fees and other costs incurred in connection therewith. Section 14. ATTORNEYS FEES. If a dispute arises which cannot be resolved by arbitration, regarding the breach or enforcement of the provisions of this AGREEMENT, the prevailing party therein shall be entitled to recover all attorneys fees and other costs actually incurred in connection with reaching a resolution of the dispute whether or not an action, claim, or lawsuit is filed. In any action brought, the entitlement to recover attorneys fees and costs will be considered an element of costs and not of damages. Section 15. INUP,~MENT. This AGREEMENT and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs, successors, legal representatives, and assigns, and each of the shareholders and partners of the DEVELOPER in their individual, separate, and/or other capacities. Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, whether oral or written, between the parties in connection therewith. This AGREEMENT may not be amended unless in writing and signed by the parties hereto. Section 18. CAPTIONS. The captions of sections and subsections of this AGREEMENT are for reference only and are not to be construed in any way as a part of this AGREEMENT. Section 19. INTERPRETATION AND ENFORCEMENT. This AGREEMENT shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared this AGREEMENT and any uncertainty or ambiguity contained herein shall not be interpreted against any one party. Failure by either party to enforce any provision of this AGREEMENT, or any waiver thereof by such party, shall not constitute a waiver of said party's fight to enforce subsequent violations of the same or any other terms or conditions herein. This AGREEMENT shall be enforced and governed by and under the laws of the State of California, and venue for any action brought to interpret and/or enforce any provision of this AGREEMENT shall be in a state or federal court located in the State of California that would generally have in rem jurisdiction over the PROPERTY. I0 Section 20. SEVERABILITY. If any portion of this AGREEMENT is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this AGREEMENT shall continue in full rome and effect. Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants and conditions set forth herein and to perform such further acts as is reasonably necessary to effectuate the purpose of this AGREEMENT. Section 22. AUTHORITY. Each individual executing this AGREEMENT on behalf of a party hereto represents and warrants that he or she is fully and duly authorized and empowered to so execute on behalf of such party, and that this AGREEMENT is binding in the manner set forth in Section 15 hereof. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date first above written. DISTRICT By: East Valley Water District Donald D. Goodin, President, Board of Directors ATTEST: Secretary, Robert E. Martin DEVELOPER: By:, _/~~--7-"'"~. ~' [name]w~. c. B~Y~t~r [title]~ President ATTEST: 11 Notary Public STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARDINO On November 5, 2002 , before me, Helen J. Baty a Notary Public in and for said County and State, personally appeared William C. Buster personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in hfs authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. HELEN J. ATY WITNESS my hand and official seal ~, IE~(~.\ COMM. #1241707 (3 ~~.~ ~~_ ~,'I.'{/~'~"~_,%~"'¢:'3¢P, INOT^R¥ PUBLiC-CALiFORNIA 2~ [j~l~,-~J SAN BERNARDINO COUNTY ~ ~ ~ My Comm. Exp. NOV 13, 2003 ~ Helen J. Baty, Notar~ Public ~ FOR NOTARY STAMP 12 EXttlBIT "A" [Tentative Tract Map for the PROPERTY] 13 DEVELOPMENT AGREEMENT THIS AGREEMENT is made this [~ dayofPx]og~Ppbg,~' , '~ by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and RICHMOND AMERICAN HOMES (hereinafter "the DEVELOPER"). RECITALS A. The DISTRICT is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. B. The DEVELOPER proposes to subdivide and develop certain real property within the boundaries of the DISTRICT which is located at Baseline and Weaver, in the City of Highland, County of San Bemardino, State of California, and is generally identified as Tract No. 16068 (hereinafter "the PROPERTY"). A copy of the Tentative Tract Map for the PROPERTY is attached hereto as Exhibit "A" and is incorporated herein by this reference. C. The development of the PROPERTY will consist of 83 dwelling units, and the DEVELOPER desires that the DISTRICT provide domestic water and sewer service to the PROPERTY. The DEVELOPER intends to design and construct the facilities necessary for water and sewer service to be furnished to the PROPERTY. D. The DISTRICT supplies domestic water and sewer service within the area to be served and is the public agency empowered by law to provide such services to the PROPERTY. E. The purpose of this AGREEMENT is to provide the terms and conditions under which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to supply water and sewer service to the PROPERTY (hereinafter "the PROJECT"). COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: Section 1. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in the following manner and according to the Rules and Regulations of the DISTRICT: a. The DISTRICT agrees to provide to the DEVELOPER tentative water and sewer plans which conform to the requirements of the DISTRICT. b. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in accordance with the DISTRICT's Standards for Design and Processing of Water and Sewer Plans and the tentative plans provided by the DISTRICT. The designs shall be submitted to the DISTRICT in a complete form which shall provide sufficient information for review and approval by the DISTRICT in the exercise of its sole discretion. c. The DISTRICT may request certain changes in the plans to provide for oversizing of facilities, which DEVELOPER agrees to incorporate into the plans and specifications for the PROPERTY. d. The DEVELOPER shall furnish the DISTRICT with any and all easements necessary for the construction, operation, maintenance, and repair of any and all water and/or sewer facilities to be installed and/or used for the PROJECT. All easements shall be submitted to the DISTRICT for review and approval by the DISTRICT in the exercise of its sole discretion prior to the DISTRICT's acceptance Of any dedication of the PROJECT facilities under Section 6 of this AGREEMENT. e. The DEVELOPER shall submit ail plans, drawings, specifications, and contract documents, for all work to be performed pursuant to this AGREEMENT, to the DISTRICT for review and approval, if acceptable to the DISTRICT. The DISTRICT agrees to review all such documents in a timely manner and, upon inclusion of all changes thereto requested by the DISTRICT in a manner satisfact6ry to the DISTRICT, the DISTRICT will provide the DEVELOPER with authorization to proceed. The DEVELOPER shall not proceed with the construction of the PROJECT and any other water or sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. CONSTRUCTION OF FACILITIES. The DEVELOPER agrees to construct the PROJECT and all other water and sewer facilities necessary for the PROPERTY in the following manner subject to the DISTRICT's approval: a. The DEVELOPER shall obtain all necessary permits from the (city or county) and all other public or private agencies required for the construction thereof. The PROJECT and the facilities appmtenant thereto shall be constructed at a location determined by the DISTRICT, and shall be relocated by the DISTRICT at the DEVELOPER's sole expense if such relocation is deemed necessary by the DISTRICT in its sole discretion. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY and all other locations where the work contemplated herein is to be performed. b. All facilities constructed pursuant to this AGREEMENT shall be in accordance with accepted standards and practices in the industry and in compliance with all local, state, and federal laws, rules, and regulations. The DEVELOPER shall be responsible for providing all labor, materials, and equipment necessary to perform the work for the PROJECT, and such work shall be performed in a timely and workmanlike manner by a party or entity acceptable to the DISTRICT. All such facilities shall conform to the DISTRICT's Standard Specifications for the Furnishing of Materials and the Construction of Water and Sewer Pipelines. All costs and liabilities in connection with the design and construction of the PROJECT shall be borne solely by the DEVELOPER. c. The DISTRICT shall inspect and approve all work to be performed under this AGREEMENT. However, any approval by the DISTRICT of such work, or of the designs, specifications, reports, and/or materials furnished hereunder, is understood to be conceptual approval only and will not operate to relieve the DEVELOPER or its contractors, consultants, or subcontractors of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or their own willful misconduct. Further, neither the DISTRICT's review, approval, or acceptance of any of the work or services performed in connection with this AGREEMENT shall be construed as a waiver of any rights hereunder or of any defense or cause of action which the DISTRICT may have arising out of the perfom~ance of this AGREEMENT or any previous or subsequent agreements. The DEVELOPER shall cause the facilities constructed under this AGREEMENT to be inspected as required by any and all other public or private agencies. Section 3. DEVELOPER'S COSTS. In addition to all other obligations imposed upon the DEVELOPER under this AGREEMENT, the DEVELOPER shall be responsible for the payment of all of the following: a. The DEVELOPER shall pay to the DISTRICT all, or any portion, of the connection fees for the PROPERTY at the time of application for water and sewer service therefor. The DISTRICT will provide water and sewer service only to those specific subdivision lots within the PROPERTY for which payment in full has been made to the DISTRICT. b. The DEVELOPER shall be solely responsible for the payment of ali costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation of the PROJECT, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design of the PROJECT. c. The DEVELOPER shall comply with all rules, regulations, resolutions, and ordinances of the DISTRICT that are currently in place or may 4 hereafter be adopted, and shall pay when due any and all fees, deposits, charges, rates, fines, penalties, taxes, and/or assessments that may be levied by the DISTRICT. d. The DEVELOPER hereby consents, and waives any objection, to the exemise of any and all collection remedies that are available to the DISTRICT m~der the law upon the PROPERTY and/or the person and/or property of DEVELOPER and its shareholders and partners. Section 4. SECURITY. a. The DEVELOPER shall provide performance, completion, and/or payment bonds for the PROJECT in the minimum amount of not less than 100 pement of the estimated construction costs containing covenants which are acceptable to the DISTRICT and the (city or county) b. The DEVELOPER shall provide a maintenance bond for the PROJECT in the amount of 100 pement of the construction cost, which shall contain covenants which are satisfactory to the DISTRICT. Such bond shall remain in fome for at least twelve (12) months from the date of acceptance by the DISTRICT of the dedication of said facilities. c. The DEVELOPER shall also procure and mainta'm during the performance of this AGREEMENT such policies of insurance, bonds from an acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms of security, in amounts and upon terms deemed sufficient by the DISTRICT in its sole discretion to protect the DISTRICT from any and all exposure to loss and/or liability. Section 5. COSTS FOR OVERSIZING. Pursuant to Section l.c. of this AGREEMENT, DEVELOPER agrees to increase, at DISTRICT expense, the size of approximately 339 lineal feet of water line installed in Fairwood Lane, between Clear View Lane and Crest View Lane, in Tract 16068 from an g-inch line to a 12-inch line. DEVELOPER shall request the contractor provide separate bids for installing an 8-inch line and a 12-inch line. Upon approval, DISTRICT agrees to pay the difference between those two bids. DEVELOPER agrees to provide to DISTRICT a copy of both bids for DISTRICT's approval, which approval shall not be unreasonably withheld. DISTRICT shall be presumed to have approved the bids, if DISTRICT fails to notify DEVELOPER of an objection within ten (10) days following receipt of such bids. Section 6. DEDICATION OF FACILITIES. a. The DEVELOPER shall, upon completion of the construction of all facilities to be installed hereunder to the satisfaction of the DISTRICT, dedicate said facilities to the DISTRICT by a deed of dedication or such other instrument as the DISTRICT may prescribe, and the DISTRICT agrees to accept the dedication thereof by formal action of its Board of Directors. Thereafter, such dedicated facilities shall become and be operated and maintained by the DISTRICT as part of the DISTRICT's water and sewer system. The DISTRICT shall not accept ~ dedication of said water or sewer facilities until all connection fees have been paid unless otherwise allowed under Section 3.a. herein. b. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY for the purpose of installing, operating, inspecting, maintaining, and repairing all meters, valves, and other appurtenances necessary for the DISTRICT to record, regulate, and control the mount of water pumped therefrom. Section 7. SERVICE RESTRICTIONS. Any obligation on the part of the DISTRICT to supply water to the PROPERTY pursuant to the terms of this AGREEMENT shall be excused in the event that the performance thereof is interrupted for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, court order, natural disasters such as floods, earthquakes, landslides, and fires, and other labor disturbances and other catastrophic events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other provision to the contrary, the DISTRICT may suspend or refuse water service to the PROPERTY ~' if the DEVELOPER is in breach, default, or violation of this AGREEMENT or any rule, regulation, resolution, and/or ordinance of the DISTRICT that is currently in place or may hereafter be adopted, or if such service would adversely affect the health, safety, or welfare of the DISTRICT's customers, or for any other reason deemed paramount by the DISTRICT in its sole discretion. Section 8. NO REPRESENTATIONS, WARRANTIES, OR CLAIM OF WATER RIGHTS. The DISTRICT makes no express or implied representations or warranties concerning the quality, pressure, or temperature of any water delivered pursuant to the terms of this AGREEMENT, or the manner in which the water is provided, or its fitness for any particular pturpose, and the DISTRICT shall not be held liable for any losses incurred or damages sustained as a direct or indirect result thereof, nor shall the DISTRICT be held liable for any losses incurred or damages sustained after the water furnished hereunder is transferred to the PROJECT facilities. Any water conveyed by the DISTRICT under this AGREEMENT shall not serve as the basis of, or otherwise support, any water rights claim that may be asserted by the DEVELOPER. Section 9. LIABILITY FOR DAMAGES. The DISTRICT shall not be held liable or responsible for any debts or claims that may arise from the operation of this AGREEMENT, or for any damage claims for injury to persons, including the DEVELOPER and/or its officers, directors, shareholders, guests, invitees, trespassers, agents, contractors, consultants, and employees, or for property damage, from any cause arising out of or in any way related to the PROPERTY, the PROJECT, and/or the DEVELOPER's obligations hereunder. Section 10. RELEASE. The DEVELOPER hereby expressly waives and releases the DISTRICT and its agents, officers, directors, and employees from any and all liability for the claims, actions, and/or losses set forth in Section 9 above and for any costs and expenses incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor did not know or suspect to exist in his or her favor at the time of the executed release which if known by him or her must have materially affected his or her settlement with the debtor." expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER thereunder and under any and all similar laws of any state or territory of the United States with respect to the claims, actions, and/or losses referenced above. This AGREEMENT shall act as a release of any claims that may arise from the aforementioned whether such claims are currently known or unknown. The DEVELOPER understands and acknowledges the significance and consequences such specific waiver of Civil Code § 1542 and hereby assumes full responsibility for any injuries, damages, losses, or liability that may result from the claims identified above. This AGREEMENT shall also act as a release of any claims, actions, and/or losses set forth in Section 9 above, that may arise in the future whether such claims are currently foreseen or unforeseen. Section 11. HOLD HARMLESS. Excepting the sole or active negligence or willful misconduct of the DISTRICT, the DEVELOPER shall indemnify and hold the DISTRICT and its officers, directors, agents, and employees harmless from and against all claims and liabilities of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on the part of the DEVELOPER and/or its officers, dh'ectors, shareholders, partners, assignees, guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with the PROPERTY, the PROJECT, and the performance of their obligations under this AGREEMENT, including design defects, even if occurring after the completion of the PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees from any suits or actions at law or in equity for damages, and pay all court costs and counsel fees in connection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and hold the DISTRICT harmless from and against ail claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs, expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and accountants), and all foreseeable and unforeseeable consequential damages which might arise or be asserted against the DISTRICT and/or the DEVELOPER with regard to the PROPERTY and/or the PROJECT which are alleged and/or determined to be tortious, and/or in violation of present and future federal, state, and local laws (whether under common law, statute, rule, regulation, or otherwise), including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, Califomia Code of Regulations Section 15000 et seq., all as the same may be amended from time to time. Section 12. NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated as of mailing or in the case of personal delivery, as of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section. If to the DISTRICT: East Valley Water District P.O. Box 3427 1155 Del Rosa Avenue San Bernardino, CA 92413 Attn: General Manager If to the DEVELOPER: RIchmond American Homes 2191 5th Street, Suite 105 Norco, CA 92860 Attn: Debbie Mercer Section 13. DISPUTES. Any dispute or controversy arising out of, under, or in connection with, or in relation to this AGREEMENT, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through 1294.2 of the Code of Civil Procedure. The cost of such arbitration shall be paid by the parties equally; however, the prevailing party in the arbitration shall be entitled to reimbursement of its attorneys fees and other costs incurred in connection therewith. Section 14. ATTORNEYS FEES. If a dispute arises wkich cannot be resolved by arbitration, regarding the breach or enforcement of the provisions of this AGREEMENT, the prevailing party therein shall be entitled to recover all attorneys fees and other costs actually incurred in connection with reaching a resolution of the dispute whether or not an action, claim, or lawsuit.is filed. In any action brought, the entitlement to recover attorneys fees and costs will be considered an element of costs and not of damages. Section 15. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs, successors, legal representatives, and assigns, and each of the shareholders and partners of the DEVELOPER in their individual, separate, and/or other capacities. Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, whether oral or written, between the parties in connection therewith. This AGREEMENT may not be amended unless in writing and signed by the parties hereto. Section 18. CAPTIONS. The captions of sections and subsections of this AGREEMENT are for reference only and are not to be construed in any way as a part of this AGRiEEMENT. Section 19. INTERPRETATION AND ENFORCEMENT. This AGREEMENT shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared this AGREEMENT and any uncertainty or ambiguity contained herein shall not be interpreted against any one party. Failure by either party to enforce any provision of this AGREEMENT, or any waiver thereof by such party, shall not constitute a waiver of said party's right to enforce subsequent violations of the same or any other terms or conditions herein. This AGREEMENT shall be enforced and governed by and under the laws of the State of California, and venue for any action brought to interpret and/or enforce any provision of this AGREEMENT 10 shall be in a state or federal court located in the State of California that would generally have in rem jurisdiction over the PROPERTY. Section 20. SEVERABILITY. If any portion of this AGREEMENT is declared by a court of competent jurisdiction to be illegal, invalid, or unenfomeable, the remaining provisions of this AGREEMENT shall continue in full force and effect. Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants and conditions set forth herein and to perform such further acts as is reasonably necessary to effectuate the purpose of this AGREEMENT. Section 22. AUTHORITY. Each individual executing this AGREEMENT on behalf of a party hereto represents and warrants that he or she is fully and duly authorized and empowered to so execute on behalf of such party, and that this AGREEMENT is binding in the manner set forth in Section 15 hereof. 1I IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date first above written. DISTRICT By: East Valley Water District Donald D. Goodin,President, Board of Directors ATTEST: Secretary, Robert E. Martin ,(Developer) Alfredo Ayuyao, Executive Vice President ATTEST: Notary Public 12 · ~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Ca~ifarnia of Of'(~r~ ~. ~ ss. county On ~(~,r, /~,"~00~ , before me, '~-'~)O(CLI"'I personally appeared ~Xh~"'¢C~ ~C:~ .~J ~j Name(s) of Signet(s) '~personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(.'~ar-e- subscribed to the within instrument and acknowledged to me that ~,she/-they executed same in ~.~hedtheir authorized the ~ ~ Riverside County _ [ capacity~-~es), and that by ~theh' ~ signature(s)-on the instrument the person(s), or the entity upon behalf of which the person'(-$) acted, executed the instrument. WITNESS my hand a~nd official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persona relying on the document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: .... =.. [] Individual [] Corporate Officer-- Title(s): [] Partner--[] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer is Representing: EXItIBIT "A" [Tentative Tract Map for the PROPERTY] 13 NOTARY ACKNOWLEDGEMNET State of California ) ) ss County of Orange ) On Monday, November 18, 2002, before me, Valerie Holmes, personally appeared Alfredo F. Ayuyao personally known to me (or proved to me on ~.~ basi~ of :ati.--faetc~' ~.~idenec) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Wihuess my hand and official seal ,.~ .,~-~,.u~ VALERIE HOLMES ,~ ~/~-~H-~\ Comm,,1305526 ~ ~~ ~ ~OTARY PUSUC-CALI,OR~IA ~ ~ ~ ~~~[~"" ,.,,,...,,,, ,.., .0'",' c.,~, . Not~ ~blic ~ ~d for said cO~W East Water District President George E. "Skip' Wilson ~/ice President 1155 Del Rosa Avenue., RO. Box 3427 Glenn R, Ughffoot Director San Bemardino, California 92413 Kip E. Sturgeon (909) 889-9501 Director Edward S. Negrete Director Robert E. Ma~n General Manager Brian W. Tompklns Chief Financial Officer Paul R. Dolter District Engineer November 21, 2002 The accompanying financial statements for the period ended October 31, 2002, have been prepared solely by the staff of the East Valley Water District and have not been audited, reviewed, or compiled by an independent certified public acc.ountant. Management has elected to omit substantially all of the disclosures and the statement of cash flows required by generally accepted accounting principles. If the omitted disclosures were included in the financial statements, they migh('influence the user's conclusions about the District's financial position, results of operations and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters. Administration (909) 885-4900, Fax (909) 889-5732 · Engineering (909) 888-8986, Fax (909) 383-1481 Customer Service & Finance (909) 889-9501, Fax (909) 888-6741 East Valley Water District Balance Sheer October 31, 2002 ASSETS Utility plant in service - water department $69,611,417.77 Utility plant in service - sewer department 20,103,780.70 89,715,198.47 Less: Accumulated depreciation (28~622~318.01) ' 61,092,880.46 Construction in progress 8~929~ 134.96 70,022,015.42 Water department - bond funds - cash in bank 6,475.00 Certificate of Participation reserved funds - cash in bank 3,863,174.59 Reserved funds - designations - cash in bank 2,186~450.00 6~056,099.59 Cash and Investments 16,328,477.87 Less: Restricted Cash and Investments 6,056,099.59 10,272,378.28 Accounts receivable (net of allowance) 1,137,693.41 Other receivables (net of allowance) 61,379.99 Inventory 772,517.46 Prepaid expenses 366,386.67 12~610,355.81 Bond discount and incidental bond expenses 27,454.76 Deferred financing charges 429,654.67 457,109.43 TOTAL ASSETS $89,'145 580.25 East Valley Water District Balance Sheet October 3 I, 2002 LIABILITIES AND EQUITY Certificates of Participation due after one year $14,945,548.44 Less: Deferred amount on refunding 6f Certificates of Participation (765~539.72) 14,180~008.72 Accounts Payable , 1,321,433.27 Accrued payroll and benefits 401,048.87 Customer service deposits 1,085,391.38 Deferred Rental Income 2,500.00 Accrued interest payable 6,474.74 Deposits - refundable 258,060.09 Certificates of Participation due within one year 1,726,266.00 4~801,174.35 TOTAL LIABILITIES 18~981~183.07 Contributed capital: Invested in utility plant 24,588,200.07 Other contributed capital 3,695,064.18 Retained earnings: Reserved for water bond funds 6,475.00 Reserved for emergencies 2,170,000.00 Reserved for unemployment insurance 16,450.00 Unreserved 37,794,185.73 Net Income for current year 1,894~022.20 TOTAL EQUITY 70,164,397.18 TOTAL LIABILITIES AND EQUITY $89~145~580.25 Zm East Valley Water District Board Memorandum Date: NOV. 28, 2002 From: Brian W. Tompkins ! Chief Financial Office~ Subject: Disbursements. Recommendation: Approve the attached list of accounts payable checks and payroll issued dudng the period November 7, 2002 through November 20, 2002. Background: Accounts payable checks are shown on the attached listing and include numbers 191238 to 191384 for A total of $942,333.90. The source of funds for this amount is as follows: COP Construction Funds EPA Grant Funds $224,868.00 Unrestricted Funds $717,465.90 Payrol~ disbursed was for the period ended November 22, 2002 and included checks and direct deposits, Totaling $108,334.88. Fiscal Impact: Total disbursements- $1,050,668.78. o ~ § o o o o o o o ° ° ° ° o o o o ~ o o o oo ~o o o o o ~ o o ~ ~ o o o ~ ~ ~ ~ o ~ ~ ~ >~ STATE OF CALIFORNIA Governor's Office of Planaing and Research State Clearinghouse Gray Davis Tal Finney Governor hlterim Director ACKNOWLEDGEMENT OF RECEIPT DATE: November 8, 2002 TO: Mr. Paul Dolter East Valley Water District 1155 Del Rosa Avenue San Bemardino, CA 92413 RE: East Valley Water District's Arroyo Verdi Mutual Water Company Take~Over and Water System Improvement Project SCH#: 2002101016 This is to acknowledge that the State Clearinghouse has received your environmental document for state review. The review period assigned by the SI:ate Clearinghouse is: Review Start Date: October 3, 2002 Review End Date: November 1, 2002 We have distributed your document to the following agencies and departments: Caltrans, District 8 Caltrans, Division of Aeronautics Department of Fish and Game, Region 6 Department of Health Services Department of Parks and Recreation Department of Water Resources Native American Heritage Commission Regional Water Quality Control Board, Region 1 Resources Agency State Lands Commission State Water Resources Control Board, Clean Water Program State Water Resources Control Board, Division of Water Rights The State Clearinghouse will provide a closing letter with any state agency comments to your attention on the date following the close of the review period. Thank you for your participation in the State Clearinghouse review process. 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO. CALIFORNIA 95812-3044 (916)445-0613 FAX(916)323-3018 wxvw.opr ca.gov STATE OF CALIFORNIA Governor's Office of Planning and Research State Clearinghouse Gray Davis Ta[ Finney Governor Interim Director November 4, 2002 Mr. Paul Dolter "~alt ,,. ~, East Valley Water District 1155 Del Rosa Avenue San 13ernardino, CA 92413 Subject: East Valley Water District's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project SCH#: 2002101016 Dear Mr. Paul Dolter: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on November 1, 2002, and the comments from the responding agency (les) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21104(c) of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft enviroumental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, Terry Roberts Director, State Clearinghouse Enclosures cc: Resources Agency 1400 TENTH STREET P.O, BOX3044 SACRAMENTO, CALIFORNiA 95812-3044 (916)445-0613 FAX(916)323-3018 www.opr,ca gov Document Details Report State Clearinghouse Data Base SCH# 2002101016 Project Title East Valley Water District's Arroyo Verdi Mutual Water Company Take-Over and Water System ~ Lead Agency Improvement Project East Valley Water District Type Neg Negative Declaration Description EVWD is proposing to incorporate the AVMWC into its water service area. Presently, AVMWC is provided water service by way of a temporary connection to the EVWD system. EVWD will install new water service facilities to provide a permanent, reliable water supply within AVMWC service area, Lead Agency Contact Name Mr. Paul Dolter Agency East Valley Water District Phone 909-888-8986 Fax ems# Address 1155 Del Rosa Avenue City San Bernardino State CA Zip 92413 Project Location County San Bemardino City Highland, San Bernardine Region Cross Streets Parcel No. Township 1S Range 4W Section 1 Base SBBM · 1~ Proximity to: Highways 30 Airports San Bernardino International Air Railways Waterways Santa Aha River Schools Land Use Residential and Commercial Project Issues Aesthetic/Visual; Agricultural Land; Air Quality; Archaeologic-Historic; Economics/Jobs; Forest Land/Fire Hazard; Flood Plain/Flooding; Geologic/Seismic; Job Generation; Minerals; Noise; Public Services; Schools/Univemit[es; Social; Soil Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water Quality; Water Supp]y; Wetland/Riparian; Wildlife; Growth inducing; Landuse Reviewing Resources Agency; Department of Fish and Game, Region 6; Department of Parks and Recreation; Agencies Department of Water Resources; Caltrans, Division of Aeronat~tics; Caltrans, District 8; Department of Health Services; State Water Resources Control Board, Clean Water Program; State Water Resources Control Board, Division of Water Rights; Regional Water Quality Control Board, Region 1; Native American Heritage Commission; State Lands Commission Date Received 10/03/2002 Start of Review 10/03/2002 End of Review 11/01/2002 Note: Blanks in data fields result from insufficient information provided by lead agency. State of California--Health and Human Services Agency Department of Health Services DIANA M. BONTA, R.N., Dr. P,H. ¢ ~ ~ GRAY DAVIS 1 November 2002 ,IA~E CLE~ Mr. Paul Dolter East Valley Water District 1155 Del Rosa Avenue (P.O. Box 3427) San Bernardino, CA 92413 Dear Mr. Dolter: INITIAL STUDY FOR THE EAST VALLEY WATER DISTRICT'S ARROYO VERDI MUTUAL WATER COMPANY TAKE-OVER AND WATER SYSTEM IMPROVEMENT PROJECT, EAST VALLEY WATER DISTRICT, SAFE DRINKING WATER STATE REVOLVING FUND (SDWSRF) APPLICATION NO. 3610064-01 (SCH NO. 2002101016) Thank you for submitting the above document. The Department of Health Services, Division of Drinking Water and Environmental Management (DHS) is responsible for issuing water supply permits under the Safe Drinking Water Program and for administering funding under the SDWSRF program for eligible drinking water treatment projects. If the East Valley Water District (EVWD) will need an amended or new water supply permit or will be seeking SDWSRF funding, DHS would be a responsible agency under the California Environmental Quality Act (CEQA), and would need to consider adequate environmental documentation when deciding whether to issue a permit or approve an SDWSRF loan. In general, the proposed Initial Study appears to be adequate for our consideration under CEQA. The mitigation measures described and incorporated into the Initial Study appear to adequately mitigate potential adverse environmental effects of this project to a less than significant level. When EVWD completes construction and begins operation of the referenced project, DHS may need to amend the current permit or provide a new water supply permit. Please contact Mr. Sean McCarthy in our San Bernardino District Office at (909) 383-4328 for information or assistance with permits, permit applications, or permit amendments. Before DHS can approve SDWSRF funding or a water supply permit for the project, the EVWD must submit a copy of (1) a finalized environmental document and mitigation plan; (2) a resolution adopting the Negative Declaration and mitigation measures, and making CEQA findings; (3) all comments received and your responses; and (4) a Notice of Determination filed with the Governor's Office of Planning and Research following the review period. In addition, we would appreciate notices of any meetings or hearings scheduled regarding the document and project approval. To facilitate DHS ~DO~,,[~j Do your part to help California save energy, To learn more about saving energy, visit the following web site: www.consumerenergycenter.org/flex/index, html approvaI, please submit this documentation directly to the Environmental Review Unit, and a copy of your accompanying transmittal Ietter to the DHS San Bernardino office. Please call me at (916) 327-4659 if you have any questions regarding our environmental review of this project. Sincerely, Michelle M. Brown Environmental Review Unit cc: State Clearinghouse P.O Box 3044 Sacramento, CA 95812-3044 San Bernardino District Office 464 W. 4th Street, #437 San Bernardino, CA 92401 Mitigated Negative Declaration Lead Agency: East Valley Water District (EVWD) Contact: Mr. Paul Dolter, P.E. 1155 Del Rosa Avenue (POB 3427) Phone (909) 889-9501 San Bemardino, CA 92413 Project Title: EAST VALLEY WATER DISTRICT'S (EVWD) ARROYO VERDI MUTUAL WATER COMPANY (AVMWC) TAKE-OVER AND WATER SYSTEM IMPROVEMENT PROJECT State Clearinghouse Number: SCH #2002101016 Project Location: Section 1, TlS, R4W SBM, San Bemardino County, California Project Description: EVWD is proposing to incorporate the AVMWC into its water service area. Presently AVMWC is provided water service by way ora temporary connection to the EVWD system. EVWD will install new water service facilities to provide a permanent, reliable water supply within AVMWC service area. Finding: EVWD's decision to implement this sewerline protection project such as the proposed project is a ~1~ discretionary decision or"project" that requires evaluation under the California Environmental Quality Act (CEQA). This negative declaration is the East Valley Water District's CEQA determination for th/s project. Initial Study: Copies of the Initial Studyare available for public reviewat the East Valley Water District, 1155 Del Rosa Avenue, San Bemardino, CA 92413. The public review period for the Initial Study closed on November 4, 2002. Mitigation Measures: All mitigation measures identified in the Initial Study have been adopted as conditions of the project and will be implemented through a mitigation monitoring and reporting program adopted with the Negative Declaration. Signature (Public Agency) Date Title CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title / Location (include county): East Valley Water District's (EVWD) Arroyo Verdi Mutual Water Company (AVMWC) Take-Over and Water System Improvement Project Section 1, Township 1 South, Range 4 West, SBM, San Bemardino County, California Project Description: EVWD is proposing to incorporate the AVMWC into its water service area. Presently AVMWC is provided water service by way ora temporary connection to the EVWD system. EVWD will install new water service facilities to provide a permanent, reliable water supply within AVMWC service area. Findings of Exemption (attach as necessary): AVMWC provides water service to existing development in a highly urbanized area of the cities of Highland and San Bemardino. No natural topography or native vegetation or habitat exists. System improvements (pipes, valves, meters, etc.) will be placed in existing roads and other developed areas. No wildlife or native habitat will be affected by this project. Certification: I hereby certify that the public agency has made the above finding and that the project will not identify or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Mr. Robert Martin Title: General Manager Lead Agency: East Valley Water District Date: Notice of Determination To: ~ County Clerk of the Board From: East Valley Water District (EVWD) County of San Bemardino 1155 Del Rosa Avenue (POB 3427) 385 N. Arrowhead Avenue San Bemardino, CA 92413 San Bemardino, CA 92415 Subject: Filing ofNotice of Determination in compliance with Section 21108 or 21152 ofthe Public Resources Code. East Valley Water District's (EVWD) Arroyo Verdi Mutual Water Company (AVMWC) Take-Over and Water System Improvement Proiect Project Title SCH #2002101016 Mr. Paul Dolter, P.E. (909) 889-9501 State Clearinghouse Number Lead Agency Area Code/Telephone/Extension (If submitted to Clearinghouse) Contact Person Section 1, TlS, R4W SBM, County of San Bemardino Project Location (include county) Project Description: EVWD is proposing to incorporate the AVMWC into its water service area. Presently AVMWC is provided water service by way of a temporary connection to the EVWD system. EVWD will install new water service facilities to provide a permanent, reliable water supply within AVMWC service area. A Notice of Intent to adopt a Negative Declaration was posted with the State Clearinghouse and the Clerk of the San Bemardino County Board of Supervisor on October 4, 2002. One comment letter was received from the California Department of Health Services. Responses were provided to the comments. The EVWD Board of Directors considered these comments prior to adopting the Mitigated Negative Declaration. This is to advise that the East Valley Water District has approved the above described project on [] Lead Agency [] Responsible Agency November 2002 and has made the following determination regarding the above described project: (Date) 1. The project [rn will [] will not] have a significant effect on the environment. 2. [] An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. [] A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [[] were [] were not] made a condition of the approval of the project. 4. A Statement of Overriding Considerations [[] was [] was not] adopted for this project. This is to certify that the Initial Study and record of project approval is available to the General Public at: East Valley Water District, 1155 Del Rosa Avenue, San Bemardino, CA 92413 Signature (Public Agency) Date Title Notice of Determination To: ~ Office of Planning and Research From: East Valley Water District (EVWD) State Clearinghouse 1155 Del Rosa Avenue (POB 3427) 1400 Tenth Street San Bernardino, CA 92413 Sacramento, CA 95814 Subject: Filing ofNotice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. East Valley Water District's (EVWD) Arroyo Verdi Mutual Water Company (AVMWC) Take-Over and Water System Improvement Proiect Project Title SCH #2002101016 Mr. Paul Dolter~ P.E. (909) 889-9501 State Clearinghouse Number Lead Agency Area Code/Telephone/Extension (If submitted to Clearinghouse) Contact Person Section 1, TlS, R4W SBM, Count3' of San Bemardino Project Location (include county) Project Description: EVWD is proposing to incorporate the AVMWC into its water service area. Presently AVMWC is provided water service by way of a temporary connection to the EVWD system. EVWD will install new water service facilities to provide a permanent, reliable water supply within AVMWC service area. A Notice of Intent to adopt a Negative Declaration was posted with the State Clearinghouse and the Clerk of the San Bemardino County Board of Supervisor on October 4, 2002. One comment letter was received fi.om the California Department of Health Services. Responses were provided to the comments. The EVWD Board of Directors considered these comments prior to adopting the Mitigated Negative Declaration. This is to advise that the East Valley Water District has approved the above described project on ~ Lead Agency El Responsible Agency November 2002 and has made the following determination regarding the above described project: (Date) 1. The project [n will [] will not] have a significant effect on the environment. 2. [] An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. [] A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [[] were [] were not] made a condition of the approval of the project. 4. A Statement of Overriding Considerations [tn was [] was not] adopted for this project. This is to certify that the Initial Study and record of project approval is available to the General Public at: East Valley Water District, 1155 Del Rosa Avenue, San Bernardino, CA 92413 Signature (Public Agency) Date Title Initial Study for the East Valley Water District's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project Prepared by: EAST VALLEY WATER DISTRICT 1155 Del Rosa Avenue San Bernardino, California 92413 (909) 888-8986 Preparation assistance by: TOM OODSON & ASSOCIATES 2150 N. Arrowhead Avenue San Bernardino, California 92405 (909) 882-3612 OCTOBER2002 EVVVD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STU DY TABLE OF CONTENTS PROJECT DESCRIPTION ............................................... 1 Introduction .................................................... 1 Location ...................................................... 1 Environmental Setting ............................................ 5 Project Characteristics ........................................... 5 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ...................... 8 DETERMINATION ..................................................... 9 ENVIRONMENTAL CHECKLIST .......................................... 10 I. Aesthetics ..................................................... 10 II. Agricultural Resources ........................................... 10 III. Air Quality ..................................................... 11 IV. Biological Resources ............................................ 14 V. Cultural Resources .............................................. 15 VI. Geology and Soils .............................................. 18 VII, Hazards and Hazardous Materials .................................. 20 VIII, Hydrology and Water Quality ...................................... 22 IX. Land Use and Planning .......................................... 23 X. Mineral Resources .............................................. 24 XI. Noise ........................................................ 25 XII. Population and Housing .......................................... 26 XIII. Public Services ................................................. 27 XlV. Recreation .................................................... 27 XV. Transportation/Traffic ............................................ 28 XVI. Utilities and Service Systems ...................................... 30 XVII. Mandatory Findings of Significance ................................. 31 MITIGATION MEASURES ............................................... 32 REFERENCES ........................................................ 33 EV-046/inltial Study -ii- TOM DODSON & ASSOCIATES EW/VD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STU DY LIST OF FIGURES AND TABLES Figure 1 Regional Location ............................................ 2 Figure 2 Vicinity Map ................................................ 3 Figure 3 AVMWC Boundaries .......................................... 4 Figure 4 Proposed Water System Improvements .......................... 6 EV~}4§/InitJalStudy -iii- TOM DODSON & ASSOCIATES EVVVD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY PROJECT DESCRIPTION: Introduction East Valley Water District (EVWD or District) is a public agency formed to provide domestic water services to customers in the easterly portion of the City of San Bernardino, the City of Highland and some adjacent, unincorporated areas of the County of San Bernardino. The District is governed by a Board of Directors (Board) comprised of five members elected at large from within the District. It is the District's responsibility to provide a safe, reliable source of potable water to its customers. The Arroyo Verde Mutual Water Company (AVMWC) was formed on January 19, 1932 for the purpose of "organizing, establishing, maintaining, conducting and carrying on a mutual water company to sell, distribute, supply and deliver water for irrigation purposes and domestic use to the members of this water company". The service area was defined, in a resolution dated February 10, 1932, "shares shall be issued to the owners of land situated in the County of San Bernardino, State of California, lying south of Base Line, and located in Tracts Nos. 1979 and 2289". The service area boundary remains the same to this date. Figure 1 shows the regional location of AVMWC. Figure 2 is a Vicinity Map. Figure 3 shows the AVMWC boundaries. At the time of Arroyo Verde Mutual Water Company's incorporation, a water system already existed on the property. It is not clear exactly of what this system consisted. By resolution dated February 10, 1932, the water company accepted the offer by G.W. Wolf and O.W. Yates to transfer ail pumps, wells, pipelines, and other equipment for the pumping and distribution of water to the company. Currently, the system serves 105 stockholders. The system consists of a well, booster pump and various types of piping in the distribution system. There is no above ground storage for fire protection or domestic supply. The system has not met State Department of Health standards for water quality for some time. In October of 1999, the company's well became inoperable. To supply water, an emergency connection to the EVWD system, which surrounds the AVMWC service area, was installed. AVMWC has not been able to generate adequate funds to repair the water system and water to the service area remains to be supplied by the EVVVD emergency connection. To provide a permanent solution to the water supply problem, the State Health Department has requested that EVVVD take over AVMWC and provide a permanent water system and supply. Location AVMWC is located within a totally urbanized portion of the City of Highland. AVMWC is bounded by Baseline Street on the north and 9th Street on the south. The easterly boundary is the rear property lines of lots fronting on the easterly side of Golondrina Drive. AVMWC is bounded on the west by the rear property lines of lots fronting on the westerly side of Bonnie Street and its northerly prolongation. EVWD's main office and yards are excluded from the AVMWC boundary. The AVMWC boundary occupies a portion of the Northeast 1/4 of Section 1, TlS, R4W, SBM. The area is shown on USGS - Redlands Quadrangle, California, 7.5 Minute Series topographic map. EV-046/Initial Study -1- TOM DODSON & ASSOCIATES FIGURE 1 Regional Location ,"; , -- , ,T ,~-, Source: USGS - San Bernard[no, California, 1:250,000 Quad Tom Dodson & Associates Environmental Consultants ~ FIGURE 2 · v Vicinity Map ~ Storage Well, Source: USGS- Redlands Quadrangle, 7.5 Minute Series topographic Tom Dodson & Associates Environmental Consultants CITY OF ~ --m-CITY OF HIGHLAND SAN BERNARDINO EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY Environmental Setting AVMWC occupies an urbanized area of the City of Highland. Land uses are primarily residential with some commercial development occurring along Baseline and 9~ streets. The entire project area has been graded, developed and no natural topography or native habitat exists. Pipelines installed by this project will be placed within existing paved roads. Fire hydrants will be placed within road right-of-ways outside the paved sections. A San Bernardino County Flood Control District channel passes through the northwesterly portion of the project area. The channel has earthen sides and bottom, however, no vegetation occurs within the channel. The channel appears to be regularly maintained by the removal of vegetation. None of the proposed facilities will be located within the channel. Proiect Characteristics To provide a permanent, reliable water system and incorporate the AVMWC into the EVWD system, EVWD has determined that the existing system must be replaced with a system that meets current District standards. The proposed system will be connected to the existing EVWD system at the west end of Paloma Road; within Baseline Street at Golondrina Drive; and in 9th Street at Golondrina Drive and Bonnie Street. The proposed new system consists of water mains and valves, fire hydrants, water service laterals, and water meters. All proposed water mains will be located within public roads. All other facilities will be placed either within dedicated public right-of- way or within developed parcels. The pipelines and appurtenant underground facilities will be installed by excavating trenches, placing the pipe, valves, etc. into the trench and backfilling and compacting the trench. The ground surface along the alignments will be returned to as near their pre-project condition as feasible, including paving portions of roads that have been disturbed. The locations of the proposed water system improvements are shown on Figure 4. To accomplish this, it is proposed that an assessment district be formed. Funding for the assessment district will be obtained from a combination of state grants, Iow interest loans, and a loan from EVVVD. To proceed with the project, AVMWC shareholders must agree to dissolve the company and turnover customers to EVWD. AVMWC customers must also agree to formation of the assessment district and pay assessments. The EVYVD Board must agree to formation of the assessment district, incorporate AVMWC into the Districts water service area, apply for and accept state funds and loan EVWD funds to the assessment district for costs not covered by the state grants and loans. The State Health Department must approve funding the assessment district with State loans and grants. The actions by these agencies are discretionary and considered a "project" under the California Environmental Quality Act (CEQA) and State CEQA Guidelines Section 15378. As such, these agencies must consider the potential effects to the environment from approving and implementing the project and complywith the requirements of CEQAto make a determination on the significance of the potential impacts. In compliance with CEQA and CEQA Guidelines Section 15051, EVWD will act as the lead agency under CEQA. AVMWC and the funding agency(les) are considered Responsible Agencies under CEQA (CEQA Guidelines Section 15381 ) in that they must approve joining EVWD's water service area, the granting of the funds and consider the potential impacts that will result from these actions. EV-04611nitial Study -5- TOM DODSON & ASSOCIATES EVVVD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY This concludes the project description, if the Board and the responsible agency(les) take the above actions, the project will be implemented as outlined above. The remainder of this Initial Study consists of the most recent EVWD Environmental Checklist Form and the substantiation required to support the conclusions presented. Based on the findings and conclusions of this initial Study, the Board has made a preliminary determination that a Mitigated Negative Declaration is the appropriate CEQA determination for this project. A final environmental determination will be made following the close of a 30-day comment period. Any comments received on the Initial Study will be reviewed and considered by the Board when making the final environmental determination. The Board will make a final decision regarding the appropriate environmental determination for this proposed project according to CEQA and the State CEQA Guidelines prior to making a decision on implementing the proposed project. The Environmental Checklist follows. EV-O46/]nitial Study -7- TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ~1 Aesthetics (3 Agriculture Resources ~3 Air Quality r~ Biological Resources Q Cultural Resources r~ Geology & Soils ~1 Hazards & Hazardous Materials ~1 Hydrology& Water Quality D Land Use & Planning r3 Mineral Resources ~1 Noise O Population & Housing o Public Services Q Recreation rn Transportation / Traffic ~1 Utilities & Service Systems Q Mandatory Findings of Significance EV-046/Iniflal Stuciy -8- TOM DODSON & ASSOCIATES EVVVD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project ~NITIAL STUDY DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation, the following finding is made: The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. · Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent or adequate mitigation has been provided to reduce potential impacts below a level of significance. A MITIGATED NEGATIVE DECLARATION will be prepared. The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it may analyze only the effects that remain to be addressed. Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. · ature) Date" Prepared by Tom Dodson & Associates Robert Martin, General Manager East Vatley Water District EV-O461[n~,Jal Study -9- TOM DODSON & ASSOCIATES EVVVD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY ENVIRONMENTAL CHECKLIST: I. AESTHETICS - Would the project: a. Have a substantial adverse effect on a scenic vista? ~ ~ r~ · b. Substantially damage scenic resources, including, ~ CI r~ · but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?. c. Substantially degrade the existing visual character or I-I I~1 [~ · quality of the site and its surroundings? d. Create a new source of substantial light or glare [] r~ I~ · which would adversely affect day or nighttime views in the area? SUBSTANTIATION: a-c. The proposed project will result in the placement of underground water facilities (pipes, valves, etc.) above ground fire hydrants (+3 feet in height) within an existing urbanized area. The project will also include the abandonment of up to three existing AVMWC wells which are not needed by EVWD to supply water service to the area. Abandonment of these welts may include the removal of above ground equipment. Because all new equipment will be placed underground or be of a minimal height (+3 feet) and its location within an urbanized area, no potential for impact to the areas aesthetics values will result and no mitigation is required. No scenic resources such as historic trees, rock outcroppings or historic buildings are located within the area affected by the project (primarily roads) and no such resource will be affected. No mitigation is required. d. No lighting will be associated with this project. II. AGRICULTURE RESOURCES - Would the project: a. Convert Prime Farmland, Unique Farmland or [] ~ r-I · Farmland of Statewide Importance (Farmland) to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a [-I ~1 [~ · Williamson Act contract? c. Involve other changes in the existing environment [] [] CI · which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? EV-O46/Inltial Study -10- TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project IN ITIAL STU DY SUBSTANTIATION: a-c. The proposed project will be located within existing paved road on parcels that have been developed with urban uses, No agricultural activities exist and, due to the presence of structures and roads, no such uses are presently possible, The project is not located within an area designated for agricultural uses nor is it within an area covered by a Williamson Act contract. No potential for conversion of farmland to non-agricultural uses result. Because no impacts can be identified, no mitigation is required. Po~entlafiy Less than Less I~an Significant Significant with ~igniflcant No II1. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation of the r~ Ct ct · applicable air quality plan? b. Violate any air quality standard or contribute ct r~ · Ct substantially to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of F-I I-I · Ct any criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant I-I r-i Ct · concentrations? e. Create objectionable odors affecting a substantial Ct r~ CI · number of people? SUBSTANTIATION: a-c. The proposed project is located within the South Coast Air Basin (SCAB). The South Coast Air Quality Management District (SCAQMD) has jurisdiction over air quality issues and regulations within SCAB. The SCAQMD has published its "CEQA Air Quality Handbook" (Handbook) that identifies threshold values for emissions to assist local agencies in determining if a project's emissions could pose a significant threat to air quality and air quality standards. This project has the potential to result in some short-term air quality impacts. Short-term impacts would be associated with construction activities. Because the project area is presently served water by EVVV D and this project will only upgrade the existing water service facilities, no long-term operational impacts will result. EV-O46/lnifla[ Study -1 1- TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System improvement Project INITIAL STU DY Construction Emissions Implementation of the project will result in about 4,600 lineal feet of new pipe being installed. This will require about 5 truck loads of pipe delivered to the site. Due to the availability of pipe in the project area, it is projected that these deliveries will involve roundtrips of about 50 miles. It is also projected that about 10 additional trips to deliver fire hydrants, valves, asphalt, etc. will be required with an average roundtrip of 30 miles. Installation of the pipe and appurtenant equipment will require the use of a backhoe, front loader, dump truck, and asphalt roller. Because the pipe will be installed in paved public roads containing existing underground utilities, it is projected that about 300 feet of pipe can be installed per dayresulting in about 15 days (3 weeks) ofwork time. Dueto the short construction period (less than one month), SCAQMD daily emission thresholds will apply to this project. During a worst- case day in which pipe, appurtenant equipment, and asphalt is delivered to the site, it is forecast that the following delive~ emissions will result (Table A9-5-K-6 of the CEQA Handbook). Defivery Vehicle Emissions CO = 4.0 lbs/day ROC = 0.5 lbs/day NOx = 2.9 lbs/day PM~o = 0.3 lbs/day Pipe Installation Vehicle Emissions (Table Ag-8-A of the CEQA Handbook) CO = 4.5 lbs/day ROC = 5.6 lbs/day NOx = 21.4 lbs/day SOx = 12.2 lbs/day PM~0 = 1.8 lbs/day Fugitive Emissions During Pipeline Construction (Table A9-9) PM10 = 20 lbs/day Worker Commutes It is anticipated that about 10 workers will be present onsite on any given day. These people will be from the local workforce and potential vehicle emissions from commuting are considered negligible. Total Unmitiqated Emissions SCAQMD Thresholds CO = 8.5 lbs/day 550 lbs/day ROG = 6.1 lbs/day 75 lbs/day NOx = 24.3 lbs/day 100 lbs/day SOx = 12.2 lbs/day 150 lbs/day PM~o = 22.1 lbs/day 150 lbs/day As can be seen, all emissions for cdteria pollutants are below SCAQMD thresholds and are considered less than significant. To mitigate potential impacts to the greatest extent feasible, the following measure shall be implemented: IIl-I The District's contract with the construction contractor(s) shall require the contractor(s) to provide verification that all equipment is in proper tune per the manufacturer's recommendation. study -12- TOM DODSON & ASSOCIATES EV~ND's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY The project does not propose to increase water service, only upgrade the existing system to provide a more reliable system. Therefore, no long-term operations emissions beyond that which currently exists will result from this project. d. Emissions associated with construction of the proposed facilities are short-term and minimal. No potential to expose sensitive receptors to substantial pollutant concentrations will result. Implementation of Mitigation Measure II1-1 will reduce already non-significant im ~acts to the greatest extent feasible. e. The domestic water facilities have no potential to generate odors. Construction equipment exhaust can generate some odors. These odors will be short term, confined to the areas around construction activities and will be associated with the combustion of petroleum products. Such odors are common throughout this urbanized region and will not result in a substantial number of people being exposed to any new objectionable odors. Compliance with Mitigation Measure II1-1 will reduce already non- significant impacts to the greatest extent feasible. EV-O46/Inlfla[ Study -13- TOM DODSON & ASSOCIATES EV~ND's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY Potentially Less [han Less than IV. BIOLOGICAL RESOURCES - Would the project: a. Have a substantial adverse effect, either directly or [-I r~ r-i · through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian ~ ['-I I-I · habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c. Have a substantial adverse effect on federally I~ ~ ~ · protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any O r-i FI · native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances I-I ~1 Fl · protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat r--I Fl Fl · Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? SUBSTANTIATION: a-f. The proposed project is located within an urbanized area that contains no native vegetation communities or habitat. The areas topography has been altered by previous development. Proposed facilities will be located within existing, paved public roads, or developed parcels. Warm Creek channel is located in the northerly portion of the project area. While this channel has a soft (soil) bottom, regular maintenance of the channel has eliminated native vegetation habitat. None of the proposed facilities will be located within Warm Creek channel. No wetlands or jurisdictional waters will be affected by the project. No Habitat or Natural Community Conservation Plans are located within or near the project area. Based on the type and location of the proposed project, no impact to biological resources will result and no mitigation is required. EV-046/Inttial Study -14- TOM DODSON & ASSOCIATES EVVVD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY Potenllelly Less than Less than Significant Significant with Significant No V. CULTURAL RESOURCES - Would the project: a. Cause a substantial adverse change in the [~ [-t Ct · significance of a historical resource as defined in {}15064.5? b. Cause a substantial adverse change in the Ct r-I Ct · significance of an archaeological resource pursuant to §15064.57 c. Directly or indirectly destroy a unique paleontological Ct r~ · ~ resource or site or unique geologic feature? d. Disturb any human remains, including those interred F~ Ct · [~ outside of formal cemeteries? SUBSTANTIATION: a-b. To evaluate the potential for this project to impact archaeologic and/or historic resources, the archaeological consulting firm of CRM Tech was retained to investigate the Area of Potential Effect (APE) ofthe project. CRM Tech performed historic records investigations, a field survey, and contacted Native American groups to generate data on the APE. The results of the investigation are provided in Identification and Evaluation of Historic Properties East Valley Water District - Arroyo Verdi Mutual Water Company Water System Improvement Project, CRM Tech, September 9, 2002 (CRM Tech Report). Copies of the CRM Tech Report are available at the East Valley Water District's office. The following evaluation summarizes data contained in the CRM Tech Report: Records Search Records on file at the San Bemardino Archaeological Information Center (AIC) indicated the APE had not been previously surveyed for cultural resources. Within a one-mile radius of the APE, a total of nine cultural resources studies are documented in AIC files on various parcels of land or linear features. As a result, nine historic-era irrigation ditches or their former courses have been reported within the scope of the records search, all of which were reportedly constructed in the 1850s. One of these, designated at a pending site (P-SBR-29H), represented Rabel's dam ditch, which crossed the southern portion of the APE along an east-west course. Constructed in 1854 by a group of Mormon settlers, Rabel's dam ditch once supplied irrigation water diverted from Warm Creek to approximately 400 acres of alfalfa and vegetable fields in the general vicinity of the APE (Scott 1977:54-55). The course of the ditch was noted in AIC records on the basis of historical documentation, and no field inspection was conducted to ascertain its current condition. The site, therefore, has not been officially recorded. In addition to the ditches, two other historic-ere sites were previously identified within the one-mile radius of the APE, including Baseline Road and an abandoned railroad built by the San Bernardino, Arrowhead, and Waterman Railroad Company in 1888. Baseline Road (now Baseline Street), originally blazed in 1856 as a wagon road between San Bernardino and Los Angeles, follows the course of the San Bemardino Baseline, which was established in 1852-1853 as the baseline for all official U.S. land surveys in southern California (Haensze11979). It is now designated as a California Point of Historic Interest (CPHI-SBr-12), largely due to its symbolic value, despite the fact that present-day Baseline Street bears little resemblance to the historic wagon road. EV-04611ni'dal Study -1 5- TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY With the exception of Rabel's dam ditch (Pending Site P-SBR-29H) and Baseline Road (CPHI-SBr-12), none of the other previously identified sites is located in the immediate vicinity of the APE. Therefore, none of the other sites requires further consideration during this study. Historical Backqround Reseamh Historic maps consulted for this study suggest that the earliest man-made features noted in the vicinity of the APE were Rabers dam ditch and present-day Baseline Street. While Baseline Street's role and function were increasinglyenhanced bythe surrounding area's growth and eventual urbanization during the 20~ century, Rabel's dam ditch apparently fell victim to these later developments, and may have been abandoned by the 1940s. Baseline Street, with scattered buildings lining its length, and an unnamed irrigation ditch, undoubtedly Rabel's dam ditch, were first depicted in historic maps in the late 1890s. Based on Scott (1977:55), Rabel's dam ditch was probably last in use in the early 20t~ century, before the natural flow in Warm Creek declined. By 1939, the ditch was no longer shown in historic maps. Instead, the residential neighborhood around the APE had been developed by then, with approximately 40 homes lining the four streets followed by the proposed pipelines. Between then and the 1950s, the area around the APE was fully urbanized. Considering the extent of urban development in the vicinity and along the recorded course of the ditch since it was last known to be in use, it is quite possible that Rabers dam ditch was abandoned and even removed during the course of the 20"~ century. Native American Consultation In response to CRM Tech's inquiry, the Native American Heritage Commission reported on September 5, 2002, that the sacred lands record search identified no Native American cultural resources in the immediate vicinity of the APE. However, noting that "the absence of specific site information in the sacred lands file does not indicate the absence of cultural resources in any project area," the commission suggested that other Native American representatives be contacted, and provided a list of potential contacts in the region. Upon receiving the NAHC's response, CRM Tech contacted all 14 individuals on the list and organizations they represented by fax and by mail on September 5, 2002. As of this time, no responses have been received from any of the persons consulted. Field Survey The intensive-level field survey produced completely negative results for potential cultural resources. The ground surface was closely inspected for any evidence of human activities dating to the prehistoric or historic periods, but none was found. Of the two historic-era sites previously identified in or near the APE, no evidence of Rabel's dam ditch's (Pending Site P-SBR-29H) presence was observed within or adjacent to the APE. In light of the extensive residential development that the area around its reported location has experienced since the early 20~h century, it is evident that the ditch, like many other minor irrigation works in the San Bernardino Valley, is no longer in existence in or near the APE, if it indeed crossed the APE at some time. Baseline Road (CPHI-SBr-12), meanwhile, as a working component of the modern transportation infrastructure, demonstrates no particular historical characteristics. In sum, no buildings, structures, objects, sites, features or artifacts more than 50 years of age encountered within the APE during the field survey. Based on its investigation, CRM Tech concluded that no historic properties will be affected by the proposed project and that no further cultural resources investigations are recommended. EV-046/In~al Study -1 6- TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY Some potential does exist that buried resources could be encountered during excavation activities. To reduce potential impacts to a less than significant level, the following measure shall be implemented: V-l In the unlikely event that cultural resources are encountered during construction activities, the District shaft require that aft work in the area of the find shaft cease and a qualified archaeologist brought to the site to evaluate the find and determine appropriatemeasures. Thearchaeologist'srecommendationsshallbeimplemented to provide appropriate mitigation for potential impacts. c. Soil material in the APE is alluvium that has been graded, subexcavated, compacted and, for the most part, paved with asphalt. No surface paleontologic resources occur and due to past disturbances, no subsurface resources are expected to occur within the APE. To mitigate any potential for impact to paleontologic resources to a less than significant level, the following measure shall be implemented: V-2 In the unlikely event that paleontologic resources are encountered during construc- tion activities, the District shall require all work in the area of the find shaft cease and a qualified paleontologist brought to the site to evaluate the find and determine appropriate measures. The paleontologist's recommendations shaft be implemented to provide appropriate mitigation for potential impacts. Due to the developed nature of the site, available historic data and the shallow depths of excavations proposed, no known or suspected unique geologic features will be affected bythe project. No mitigation is required. d. Implementation of the project will result in excavations to depths of about 5 feet or less. These excavations will occur within an area that has been previously excavated, graded and paved. The potential for buried human remains to be disturbed bythe project is considered minimal. State and local laws require that if human remains are encountered, the local law enfomement agency (in this case the San Bernardino County Sheriff's Department acting as the City of Highland Police Department) be notified. Compliance with these laws is mandatory and considered adequate mitigation should human remains be encountered. EV~46/[nitJal Study -17- TOM DODSON & ASSOCIATES EVVVD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY Potentially Less than Less than VI. GEOLOGY AND SOILS - Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as ~ I~ I-I · delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Strong seismic groundshaking? ~] [~ CI · Seismic-related ground failure, including F3 [~ [~ · liquefaction? Landslides? r~ r~ Ci · b. Result in substantial soil erosion or the loss of r-i r-i · ci topsoil? c. Be located on a geologic unit or soil that is unstable, I-I r-I ~ · or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil creating substantial ~ [~ r~ · risks to life or property?. e. Have soils incapable of adequately supporting the I~1 I~ ~1 · use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? SUBSTANTIATION: a. According to Figure 11-4 of the City of Highland General Plan, the project area is not located within an Alquist-Priolo Earthquake Fault Zone. No faults are known or suspected to occur within or near the project area. The proposed project does not include any above ground structures. Therefore, no potential for the project to result in the risk of injury or death associated with seismic-related constraints (strong groundshaking, ground failure or landslide) will result. No mitigation is required. b. The pipeline will be placed underground in existing paved roads. Once installed, the alignments will be returned to as near their pre-project condition as feasible including soil compaction and paving. No topsoil will be affected by the project and no change in the current potential for erosion will result. A EV-046/Initial Study -1 8- TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY total of less than one acre of land will be affected by the project. Of that, only a few hundred feet of trench will be exposed any given day. The potential for the erosion of soil from the stockpiles is considered less than significant. To mitigate potential erosion impacts to the greatest extent feasible, the following measure shall be implemented: VI-1 EVWD shall require that stored backfill be stockpiled outside areas subject to concentrated flows of water. c. The placing of water pipelines underground has no potential to create unstable earth conditions or be affected by such conditions. Available data indicates the project area is not on a geologic unit or soil that is considered unstable. Implementation of Mitigation Measures XV-3 will reduce potential impacts to a non-significant level. d. The project does not include any habitable structures. The soil onsite is not considered expansive. The placement of water pipelines underground has no potential to create a substantial risk to life or property. No mitigation is required. e. This project does not include the use of any subsurface waste disposal system. EV-046/Initial Study -19- TOM DODSON & .ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STU DY Potentially Less than Less Ihan VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the I--I environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or ~ I~ I~ · acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of r~ ci I~ · hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan E] ~ ~) · or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, ~ CI I'-I · would the projec~ result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with I~ I~ I~1 · an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of I~ ~) ~ · loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SUBSTANTIATION: a-b. In the short term, the only hazardous materials associated with the project are petroleum products used by construction equipment. Unmanaged releases of hazardous materials during construction are readily controlled to a non-significant level of hazard through control or remediation of accidental releases of petroleum products. The following mitigation measure will be implemented to prevent any significant hazard through the "routine transport, use or disposal" of petroleum products during construction. EV-04611nitial Study -20- TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY VII-1 Ifpetroleumproductsareaccidentallyreleasedtotheenvironmentduringanyphase of construction, the area of contamination shall be defined; contaminated soil or material from the contaminated area shall be removed; and any area exposed to accidentally released contaminants shall be remediated to a threshold that meets regulatory requirements established bylaw or agencies overseeing the remediation. In the long term, the provision of an adequate supply of water has no potential to increase the risk of hazardous conditions. c. No hazardous or acutely hazardous materials are associated with this project. No mitigation is required. d. The project area does not contain any sites that appear on the Cai/EPA Facility Inventory Data Base Hazardous Waste and Substances Sites list as compiled by the County of San Bernardino. No mitigation is required. e-f. The project site is not located within or adjacent to an airport or private airstrip. The nearest airport is San Bernardino International Airport, located over one mile to the south. No above ground structures are associated with this project. No airport-related land uses exist within the project area, This project has no potential to impact such uses and no mitigation is required. g. No above-ground structures are proposed. No known emergency response or evacuation plans affect the proposed project site. No impact to such plans will result. In the short term, construction activities in roads have the potential to affect travel on affected roads. This will be short term (a few weeks) and will be limited to a few hundred feet at any given time. Implementation of Mitigation Measures XV-1, XV-2, and XV-3 will reduce potential impacts to a non-significant level. h. The project does not include human occupancy structures, The proposed facilities will be placed under- ground and the project has no potential to expose people or structures to wildland riros. No mitigation is required. EV-046/[nttlal Study -21 - TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY VIII, HYDROLOGY AND WATER QUALITY - Would the project: a. Violate any water quality standards or waste discharge r~ FI ~1 · requirements? b. Substantially deplete groundwater supplies or interfere ~ [~ r~ · substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the ["t ~ ~ · site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or offsite? d. Substantially alter the existing drainage pattern of the [~ ~ ~ · site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding onsite or offsite? e. Create or contribute runoff water which would exceed r"l ~ I-I · the capacity of existing or planned stormwater drain- age systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? r-i [~ I-t · g. Place housing within a 100-year flood hazard area as r~ [:~ ~1 · mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 100-year flood hazard area structures ~ [~ ~ · which would impede or redirect flood flows? I. Expose people or structures to a significant risk of [-t [~ ~1 · loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? ~1 [~ ~ · EV-046/Initial Study -22- TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project ]NITIAL STU DY SUBSTANTIATION: a&b. This project proposes to upgrade an existing domestic water supply system to meet current standards. No water extraction facilities are proposed and no increase in water usage is proposed. Therefore, the project will not result in additional water extraction from the groundwater basin beyond that which presently occurs nor affect any water quality standards or waste discharge requirements. No mitigation is required. In the short term, some potential exists for contamination of water during construction. This potential is primarily associated with the release of petroleum products. Implementation of Mitigation Measure VII-1 will reduce this potential to a less than significant level Implementation of Mitigation Measure VI-1 will reduce potential erosion impacts to a less than significant level. c-e. The projectwill occurwithin existing paved roads. Pipelines will be placed underground and the ground surface returned to its pre-project condition. No additional hardsurfacing will result. No stream river or other water course will be affected. No increase in surface runoff will result from implementing this project. f. The provision of a more reliable supply of domestic water supply system has no potential to degrade water quality. No mitigation is required. g&h. The project does not include any new housing. The project area is not within a 100-year flood hazard area. All proposed facilities, except fire hydrants, will be placed underground and have no potential to affect flooding or expose people to a flood hazard. No mitigation is required. i&j. The project will not introduce people into the area. No human occupancy structures are involved. The project area is not within a dam or levee inundation zone. The site is over 50 miles from the Pacific Ocean and no potential exists for a tsunami to affect the site. No large water bodies occur near or directly upstream of the area and no hillsides which could result in mudflows occur within several miles of the site. No impact can be identified and no mitigation required. PolentiaJly Less than Less than IX. LAND USE AND PLANNING - Would the project: a. Physically divide an established community?. ~1 I~ [~ · b. Conflict with any applicable land use plan, policy, or [~ ~ [~ · regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan r~ Ci ~ · or natural community conservation plan? SUBSTANTIATION: a. The project is the installation of primarily underground water supply facilities to provide a more reliable supply of potable water to an existing community and therefore, has no potential to divide an existing community. No mitigation is required. EV-046/~nitla[ Study -23- TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Proiect INITIAL STU DY b. The project is located within an existing developed community. California Government Code Section 53021 exempts water supply facilities from local zoning and land use restrictions. As such, the proposed project is considered compatible with existing land use designations and no amendment to land uses or designation are required. No impact can be identified and no mitigation is required. c. The project area is completely developed with urban uses (residential, commercial, etc,), No native habitat or natural topography exists, No habitat or natural community conservation plans affect the area and no impact to any such plans will result. No mitigation is required. X. MINERAL RESOURCES - Would the project: a. Result in the loss of availability of a known mineral rq ~1 r'-i · resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally important [~ I~ ['q · mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? SUBSTANTIATION: a-b. The only significant mineral resource identified within or near the project site are construction aggregate materials (sand, gravel, rock, etc.). According to Figure V-1 of the City of Highland General Plan, the project site is not located within a mineral resource zone that contains any known mineral resources. The proposed underground pipelines within a residential development will not affect the availability of any known or suspected deposits. No impact to such resources will result and no mitigation is required. EV~46/Inltial Study -24- TOM DODSON & ASSOCIATES EV~ND's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STU DY Xl. NOISE - Would the project result in: a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive I~ r~ r-I · groundbome vibration or groundborne noise levels? c. A substantial permanent increase in ambient noise 1'3 I~ ['3 · levels in the project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e. For a project located within an airport land use plan I~ {~ I~ · or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, ~} [~ ~ · would the project expose people residing or working in the project area to excessive noise levels? SUBSTANTIATION: a-d. In the long term, the underground structures proposed by this project have no potential to generate noise. No changes to existing noise levels will result from implementation of this project and no mitigation for long-term noise impacts is required. In the short term, construction activities will generate noise from construction equipment and trucks. These increases will be for a few weeks and occur within an urban area that already experiences substantial noise levels. A-weighted decibels (dBA) approximate the response to the human ear of a broad frequency noise source by discriminating against the very Iow and high frequencies of the audible spectrum. A-weighted decibels reflect those which are audible to the human ear. Equivalent sound levels are not measured directly but rather calculated from sound pressure levels typically measured in A-weighted decibels (dBA), The equivalent sound level (Leq) is the constant levels that, over a given time period, transmits the same amount of acoustic energy as the actual time- varying sound. Equivalent sound levels are the basis for both the Ldn and CNEL scales. Day-night average sound levels are a measure of the cumulative noise exposure of the community. The Ldn value results from a summation of hourly Leq's over a 24-hour time period with an increased weighting factor applied to the nighttime period between 10:00 p.m. and 7:00 a.m, This noise rating scheme takes into account those subjectively more annoying noise events which occur during the normal sleeping hours. EV~46/Inittal Study -25- TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY Generally, construction equipment that will be used in this project can generate noise levels of about 75 dBA at a distance of 50 feet from the equipment. Noise diminishes at a rate of about 6 dB for each doubling of the distance from the source. This means that construction noise levels at the nearest receptors (residences located about 100 feet from construction) will be about 70 dB on the exterior of those receptors. This noise level will be short term (about one day at any given receptor), will occur during the less noise sensitive daylight hours, will not be health threatening, and will be typical of other construction activities in the City. The City of Highland Development Code regulates the generation of construction noise by limiting the time of construction. The City has determined that implementation of the Development Code regulation is adequate mitigation for short-term construction noise impacts. To mitigate this potential impact to a less than significant level, the following measure shall be implemented: XI-I The District shall require the construction contractor(s) to limit all construction activities to no earlier than one-half hour before sunrise and no later than one-half hour after sunset, Monday through Saturday. e-f. The project site is not located within an airport land use plan but is within about one mile of the San Bernardino International Airport. This project will not place noise receptors on the site nor will it generate noise that could adversely effect airport operations. Because no impact can be identified, no mitigation is required. Potentially Less than Less than Significant Significant with Significant No Xll. POPULATION AND HOUSING - Would the project: a. Induce substantial population growth in an area, [-I r3 CI · either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, ~ ~1 ~ · necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, F3 F'I [~ · necessitating the construction of replacement housing elsewhere? SUBSTANTIATION: a-c. This project does not propose any new housing nor will it displace any existing housing. The project will not increase the capacity of the existing water system only improve the reliability of the existing system to provide an adequate water supply to existing and future customers. No change in land uses or development densities is proposed. As such, the project has no potential to affect existing or proposed housing nor induce growth in the area. No mitigation is required. EV-0461~nifial Study -26- TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STU DY XlII, PUBLIC SERVICES-Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ~ r~ r-i · Police protection? ~ r-I Ct · Schools? I-t I~ I-I · Parks? [~ I-t [] · Other public facilities? CI [] ~ · SUBSTANTIATION: The installation of these water service facilities will only provide a more reliable water supply to existing development. It will not increase the demand for any public services and will actually benefit fire protection by providing a more reliable source of water. No mitigation is required. XlV. RECREATION- a. Would the project increase the use of existing r~ I~ ct · neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or ct Ct [] · require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? SUBSTANTIATION: a-b. This project will not increase population or induce growth into the area. The project will not affect any existing recreational facilities nor create a demand for new or additional recreation facilities. No impact to recreational opportunities or facilities will result and no mitigation is required. Ev~6/~n~a~ s~dy -27- TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project iNITIAL STU DY Potentially Less than Less ~han XV. TRANSPORTATION/TRAFFIC - Would the project: a. Cause an increase in traffic which is substantial in I-I I-I · I~ relation to the existing traffic load and capacity of the street system (i,e., result in a substantial increase in either the # of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of I~ I-I · r~ service standard established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including r~ E] ~ · either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design I-I r~ [-i · feature (e.g., sharp curves or dangerous intersec- tions) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? I~ r~ ]"-I · f. Result in inadequate parking capacity? F-I CI r~ · g. Conflict with adopted policies, plans, or programs ~ ~ r~ · supporting alternative transportation (e.g., bus turnouts, bicycle racks)? SUBSTANTIATION: a,b,d, e&f. This project does not propose any new public roads or the reconstruction or realignment of any existing public roadways. The project will not require any construction or redesign of public roads, in the short term, construction of the proposed facilities will result in the generation of about 15 additional vehicle trips per day on the adjacent roadways by construction personnel and equipment, and the delivery of construction materials. This increase in traffic will be for a few weeks and will occur throughout the day. This increase is not considered sufficient to affect the level of service of roadways or result in congestion at any intersection. Once the project is constructed, the only traffic that will be generated by this project will be occasional visits to the site by Distdct personnel for maintenance and meter reading. Adequate parking area is available on the roadways to accommodate potential parking requirements including emergency parking. No impact to the transportation/circulation system will result and no mitigation required. Installation of pipelines within the public reads does have the potential to effect the transporta- tion/circulation during construction activities, This could include temporary alteration in the circulation patterns through the use of detours and lane closures. These potential impacts and hazards can be mitigated to a level of non-significance by implementing the following mitigation measures: EV-046/Inttial StUdy -28- TOM DODSON & ASSOCIATES EV~ND's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY XV-f EVWD will require the construction contractor to provide adequate resources (signing, protective devices, flagpersons, etc.) to maintain safe traffic flow on local streets at all times. This signage will identify and control project-related traffic hazards for all vehicles, bicycles and pedestrians in the project area. XV-2 No open trenches or other traffic safety hazards will be left in the roadways during periods when construction personnel are not present (nighttime, weekends, holidays, etc.). Over the long term, the installation of pipes within roads could affect the transportation/circulation system if the roadways are not properly repaired. To reduce this potential to a less than significant level, the following measure shall be implemented: XV-3 The EVWD will require that all trenches be properly backfill and compacted. Paved areas disturbed by this project will be repaved in such a manner that roadways and other disturbed areas are returned to as near the pre-project condition as is feasible. c. No airports will be affected bythese underground facilities. These facilities will not generate an increase in air traffic volumes or affect air traffic patterns. Because no impact can be identified, no mitigation is required. g. Underground pipelines and other water service facilities have no potential to impact alternative transportation policies with implementation of Mitigation Measures XV-1, XV-2, and XV-3. EV-046/lnitlal Study -29- TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY )(VI.UTILITIES AND SERVICE SYSTEMS - Would the project: a. Exceed wastewater treatment requirements of the I-I F~ [~ · applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or I-I [~ r-I · wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm ~ ~] t~ · water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the ~1 F'I r~ · project from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater r~ F3 ~ · treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill(s) with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g. Comply with federal, state, and local statutes and l~ F3 [~ · regulations related to solid waste? SUBSTANTIATION: a-g. This project will not generate any direct or indirect demand for utilities or public services. The project will benefit the areas water supply system by providing a reliable supply of water to customers presently being supplied by a temporary system. The project will not expand the capacity of the District's water supply system only make it more reliable to customers in AVMWC's service area. No further mitigation is required. In the short term, the project will use a minor amount of water to control dust during construction. The District has an adequate supply of water to meet the demand without affecting its present supply and distribution system. No long-term water usage beyond that which currently exists or is allowed will result. No mitigation is required. In the short term, construction activities may generate some small amount of solid wastes. These volumes will be minimal and have no potential to adversely effect the areas solid waste system. In the long term, this project will not generate solid waste and therefore will not affect the solid waste collection and disposal system. The project will not generate additional stormwater runoff nor alter the existing study -30- TOM DODSON & ASSOCIATES EW/VD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY stormwater drainage system. Because no impact to utilities and service systems can be identified, no mitigation is required. XVlI, MANDATORY FINDINGS OF SIGNIFICANCE - a. Does the project have the potential to degrade the ~ [~ F~ · quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually I~ [~ I-I · limited, but cumulatively considerable? ("Cumulative- ly considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c. Does the project have environmental effects which [~ [~ F~ · will cause substantial adverse effects on human beings, either directly or indirectly? SUBSTANTIATION: a. The proposed project is located within an urbanized area that contains no native vegetation or natural topography. The pipelines will be placed within existing, paved public reads, No listed plant or animal species or their habitat occur within the project area and none will be affected by the project. No structures will be affected by the project and no important examples of early California history or prehiatory will be affected. b. The proposed project is a stand-alone project that does not rely on any other projects. The project will provide a more reliable supply of domestic water to existing customers. No substantial increase in the capacity of the water supply system will result. No increase in water usage will result. The project has no potential to result in impacts that are individually limited but cumulatively significant. c. The project will result in the provision of a more reliable source of domestic water to existing customers. As such, it is viewed as a benefit to human beings and has no potential to adversely effect people. EV-046/Initlal Study -31 - TOM DODSON & ASSOCIATES EVWD's Arroyo Verde Mutual Water Company Take*Over and Water System Improvement Project INITIAL STUDY MITIGATION MEASURES: (Any mitigation measures which are not "self-monitoring" shall have a Mitigation Monitoring and Reporting Program prepared and adopted at time of project approval.) II1-1 The District's contract with the construction contractor(s) shall require the contractor(s) to provide verification that all equipment is in proper tune per the manufacturer's recommen- dation. V-1 In the unlikely event that cultural resources are encountered during construction activities, the District shall require that all work in the area of the find shall cease and a qualified archaeologist brought to the site to evaluate the find and determine appropriate measures. The archaeologist's recommendations shall be implemented to provide appropriate mitigation for potential impacts. V-2 In the unlikely event that paleontologic resources are encountered during construction activities, the District shaft require all work in the area of the find shall cease and a qualified paleontologist brought to the site to evaluate the find and determine appropriate measures. The paleontologist's recommendations shall be implemented to provide appropriate mitigation for potential impacts. VI-1 EVWD shall require that stored backfill be stockpiled outside areas subject to concentrated flows of water. VII-1 If petroleum products are accidentally released to the environment during any phase of construction, the area of contamination shall be defined; contaminated soil or material from the contaminated area shall be removed; and any area exposed to accidentally released contaminants shall be remediated to a threshold that meets regulatory requirements established by law or agencies overseeing the remediation. XI-1 The District shall require the construction contractor(s) to limit all construction activities to no earlier than one-half hour before sunrise and no later than one-half hour after sunset, Monday through Saturday. XV-1 EVWD will require the construction contractor to provide adequate resources (signing, protective devices, flagpersons, etc.) to maintain safe traffic flow on local streets at all times. This signage will identify and control project-related traffic hazards for all vehicles, bicycles and pedestrians in the project area. XV-2 No open trenches or other traffic safety hazards will be left in the roadways during periods when construction personnel are not present (nighttime, weekends, holidays, etc.). XV-3 The EVWD will require that all trenches be properly backfill and compacted. Paved areas disturbed by this project will be repaved in such a manner that roadways and other disturbed areas are returned to as near the pre-project condition as is feasible. EV-046/InitJal Study -32- TOM DODSON & ASSOCIATES EVWD's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project INITIAL STUDY REFERENCES: California Department of Fish and Game, Natural Diversity Data Base City of Highland General Plan CRM Tech, Identification and Evaluation of Historic Properties East Valley Water District - Arroyo Verdi Mutual Water Company Water System Improvement Project, September 9, 2002 South Coast Air Quality Management District, CEQA Air Quality Handbook U.S. Department of Agriculture, Soil Conservation Service, Soil Survey San Bernardino County, Southwestern Part, California EV-046/rnitialStudy -33- TOM DODSON & ASSOCIATES State of California--Health and Human Services Agency Department of Health Services ~ : COGENT LETTER #1 DIANA M. BONTA, R.N., Dr. P.H. GRAY DAVIS Director Governor 1 November 2002 Mr. Paul Dolter East Valley Water District 1155 Del Rosa Avenue (P.O. Box 3427) San Bernardino, CA 92413 Dear Mr. Dolter: INITIAL STUDY FOR THE EAST VALLEY WATER DISTRICT'S ARROYO VERDI MUTUAL WATER COMPANY TAKE-OVER AND WATER SYSTEM IMPROVEMENT PROJECT, EAST VALLEY WATER DISTRICT, SAFE DRINKING WATER STATE REVOLVING FUND (SDWSRF) APPLICATION NO. 3610064-01 (SCH NO. 2002101016) ~hank you for submitting the above document. The Department of Health Services, Division of ~ Drinking Water and Environmental Management (DHS) is responsible for issuing water supply iPermits under the Safe Drinking Water Program and for administering funding under the 1-t SDWSRF program for eligible drinking water treatment projects, if the East Valley Water District (EVWD) will need an amended or new water supply permit or will be seeking SDWSRF funding, DHS would be a responsible agency under the California Environmental Quality Act ,(CEQA), and would need to consider adequate environmental documentation when deciding whether to issue a permit or approve an SDWSRF loan. In general, the proposed Initial Study appears to be adequate for our consideration under CEQA. The mitigation measures described and incorporated into the Initial Study appear to adequately mitigate potential adverse environmental effects of this project to a less than ].-2 significant level. When EVWD completes construction and begins operation of the referenced project, DHS may need to amend the current permit or provide a new water supply permit. Please contact Mr. Seen McCarthy in our San Bernardino District Office at (909) 383-4328 for information or assistance with permits, permit applications, or permit amendments. Before DHS can approve SDWSRF funding or a water supply permit for the project, the EVWD must submit a copy of (1) a finalized environmental document and mitigation plan; (2) a resolution adopting lhe Negative Declaration and mitigation measures, and making CEQA findings; (3) all comments i-3 received and your responses; and (4) a Notice of Determination filed with the Governor's Office of Planning and Research following the review period. In addition, we would appreciate notices of any neetings or hearings scheduled regarding the document and project approval. To facilitate DHS pO'~i:[l/~,. Do your pert to hetp California save energy. To learn more about saving energy, visit the following web site: . www.co nsumerenergycenter.org/flex/index.html ~,1-3 approval, please submit this documentation directly to the Environmental Review Unit, and a copy of cone. /our accompanying transmittal letter to the DHS San Bernardir~o office. Please caJl me at (916) 327-4659 if you have any questions regarding our environmental review of this 1-4 pro_._~ect. Sincerely, Michelle M. Brown Environmental Review Unit cc: State Clearinghouse P.O Box 3044 Sacramento, CA 95812-3044 San Bernardino District Office 464 W. 4~ Street, ff437 San Bernardino, CA 92401 Response to Comment Letter #1 California Department of Health Services (DHS) 1-1 Your comment is noted. The environmental document has been prepared in a manner that evaluates the environmental consequences of actions that may be taken by DHS as a CEQA responsible agency. EVWD considers this document to be adequate for DHS use as its CEQA compliance document for such actions. 1-2 Your comment is noted. EVVVD concurs that the Initial Study is adequate for use by DHS as its CEQA compliance document. 1-3 Your comment is noted. EVWD will provide DHS with all requested materials. EVWD has scheduled a hearing to consider adoption of a Mitigated Negative Declaration for this project on Tuesday, November 26, 2002 at 2:00 p.m. in the EVWD Board Hearing room located at 1155 Del Rosa Avenue, San Bernardino, California 92413. 1-4 Your comment is noted. Mitigation Monitoring / Reporting Program for East Valley Water District's Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project Introduction This mitigation monitoring and compliance program has been prepared for use by the East Valley Water District (EVVVD or District) as it implements mitigation measures for this project. This program has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and Agency CEQA Guidelines. Assembly Bill 3180, effective January 1, 1989, required adoption of a reporting or monitoring program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The monitoring program contains the following elements: 1. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. In some instances, one action may be used to verify implementation of measures, such as grading plan review and erosion control plan review. 2. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take the action, what action will be taken and when, and to whom and when compliance will be reported. 3. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other relevant data will be attached. Copies of the records will be retained by the District as part of its project files. 4. The program has been designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. The total program, including any modifications, will be retained by the District as part of the project files. The individual measures and the accompanying monitoring/reporting actions follow. They are numbered in the same sequence as presented in the project Initial Study. -1- MITIGATION MEASURE II1-1 The District's contract with the construction contractor(s) shall require the contractor(s) to provide verification that all equipment is in proper tune per the manufacturer's recommen- dation. IMPLEMENTATION AND VERIFICATION 1. A copy of the contract shall be kept in the project file at the District. 2. A copy of equipment maintenance record shall be provided to the District by the contractor. COMPLIANCE RECORD 1. Copies of these documents shall be kept in a project file at the District's office, WHEN REQUIRED 1, Prior to the start of construction. COMMENTS VERIFICATION BY: MITIGATION MEASURE V-1 In the unlikely event that cultural resources are encountered during construction activities, the Distdct shall require that all work in the area of the find shall cease and a qualified archaeologist brought to the site to evaluate the find and determine appropriate measures. The archaeologist's recommendations shall be implemented to provide appropriate mitigation for potential impacts. IMPLEMENTATION AND VERIFICATION 1. This requirement shall be included in the contract with the construction contractor. 2. Compliance shall be verified by District staff. COMPLIANCE RECORD 1. Copies of the contract shall be kept in the project file at the District's office. 2. Copies of the inspection reports shall be kept in the project file at the District's office. WHEN REQUIRED 1. Prior to construction. 2. Ongoing during construction. COMMENTS VERIFICATION BY: MITIGATION MEASURE V-2 In the unlikely event that paleontologic resources are encountered during construction activities, the District shall require all work in the area of the find shall cease and a qualified paleontologist brought to the site to evaluate the find and determine appropriate measures. The paleontologist's recommendations shall be implemented to provide appropriate mitigation for potential impacts. IMPLEMENTATION AND VERIFICATION 1. This requirement shaft be included in the contract with the construction contractor. 2. Compliance shall be verified by District staff. COMPLIANCE RECORD 1. Copies of the contract shall be kept in the project file at the District's office. 2. Copies of the inspection reports shall be kept in the project file at the District's office. WHEN REQUIRED 1. Prior to construction. 2. Ongoing during construction. COMMENTS VERIFICATION BY: MITIGATION MEASURE ~, VI-1 EV~VD shall require that stored backfill be stockpiled outside areas subject to concentrated flows of water. IMPLEMENTATION AND VERIFICATION 1. Construction plans and the contract with the contractor shall incorporate this requirement. 2. Verification shall be provided by District inspectors. COMPLIANCE RECORD 1. Copies of the construction plans and contract shall be kept in the project file at the District's office. 2. Copies of the inspection reports shall be kept in the project file at the District's office. WHEN REQUIRED 1. The construction plans shall be reviewed and approved prior to the start of construction. 2. Inspection shall be ongoing throughout construction. COMMENTS VERIFICATION BY: MITIGATION MEASURE VII-1 If petroleum products are accidentally released to the environment during any phase of construction, the area of contamination shall be defined; contaminated soil or material from the contaminated area shall be removed; and any area exposed to accidentally released contaminants shall be remediated to a threshold that meets regulatory requirements established by law or agencies overseeing the remediation. IMPLEMENTATION AND VERIFICATION 1. The District's contract with the construction contractor shall contain this requirement. 2. Verification shall be provided during inspections by District staff. The inspection reports shall include identification of any violations and the remedial actions taken. COMPLIANCE RECORD 1. A copy of the contract shall be kept in the project file at the District's office. 2. Copies of the inspection repor[s shall be kept in the project file at the District's office. WHEN REQUIRED 1. Prior to the start of construction and ongoing during construction activities. 2. Ongoing during construction. COMMENTS VERIFICATION BY: MITIGATION MEASURE XI-1 The District shall require the construction contractor(s) to limit all construction activities to no earlier than one-half hour before sunrise and no later than one-half hour after sunset, Monday through Saturday. IMPLEMENTATION AND VERIFICATION 1. The District's contract with the construction contractor shall contain this requirement. 2. Verification shall be provided during inspections by District staff. The inspection reports shall include identification of any violations and the remedial actions taken. COMPLIANCE RECORD 1. A copy of the contract shall be kept in the project file at the District's office. 2. Copies of the inspection reports shall be kept in the project file at the District's office. WHEN REQUIRED 1. Prior to the start of construction and ongoing during construction activities. 2. Ongoing during construction. COMMENTS VERIFICATION BY: MITIGATION MEASURE XV-1 EV~VD will require the construction contractor to provide adequate resources (signing, protective devices, flagpersons, etc.) to maintain safe traffic flow on local streets at all times. This signage will identify and control project-related traffic hazards for all vehicles, bicycles and pedestrians in the project area. IMPLEMENTATION AND VERIFICATION 1. This requirement shall be included in the contract with the construction contractor. 2. Verification shall be provided by District site inspections during construction. COMPLIANCE RECORD '1. A copy of the contract shall be kept in the project file at the District's office. 2. Copies of the inspection reports shall be kept in a project file at the District's office. WHEN REQUIRED Prior to the start of work. 2. During construction activities. COMMENTS VERIFICATION BY: -8- MITIGATION MEASURE XV-2 No open trenches or other traffic safety hazards will be left in the roadways during periods when construction personnel are not present (nighttime, weekends, holidays, etc.). IMPLEMENTATION AND VERIFICATION 1. Construction plans and the contract with the construction contractor shall incorporate this requirement. 2. Verification shall be provided by District inspectors. COMPLIANCE RECORD 1. Copies of the construction plans and contract shall be kept in the project file at the District's office. 2. Copies of the inspection reports shall be kept in the project file at the District's office. WHEN REQUIRED 1. The construction plans shall be reviewed and approved prior to the start of construction. 2. Inspection shall be ongoing throughout construction. COMMENTS VERIFICATION BY: MITIGATION MEASURE XV-3 The EVWD will require that all trenches be properly backfill and compacted. Paved areas disturbed by this project will be repaved in such a manner that roadways and other disturbed areas are returned to as near the pre-project condition as is feasible. IMPLEMENTATION AND VERIFICATION 1. Construction plans and the contract with the contractor shall incorporate this requirement. 2. Verification shall be provided by District inspectors and/or a qualified soils engineer. COMPLIANCE RECORD 1. Copies of the construction plans and contract shall be kept in the project file at the District's office. 2. Copies of the inspection reports shall be kept in the project file at the District's office. WHEN REQUIRED 1. The construction plans shall be reviewed and approved prior to the start of construction. 2. Inspection shall be ongoing throughout construction. COMMENTS VERIFICATION BY: TOM DOI)SON & ASSOCIATES SAN BERNARDINO, CA 92405 TEL (909) 882-3612 · FAX (909) 882-7015 E-MAIL ~onramp.com November 18, 2002 Mr. Robert Martin, General Manager East Valley Water District 1155 Del Rosa Avenue San Bernardino, CA 92413 Subject East Valley Water District's (EVWD) Arroyo Verdi Mutual Water Company Take-Over and Water System Improvement Project (SCH #2002101016) Dear Mr. Martin: The public comment period on the proposed Negative Declaration closed on November 4, 2002. No adverse comments were received. Therefore, it is our recommendation that a Negative Declaration is the appropriate CEQA determination for this project. If District staff concurs, it should provide the Board with the following data in the Staff Report. An Initial Study that meets current CEQA requirements was prepared for this project. Based on data ~ provided in the Initial Study, it was determined that potential impacts to the environment were either non-significant or can be reduced to less than significant levels through implementation of the mitigationmeasuresprovidedinthelnitialStudy. ThelnitialStudyandproposedNegativeDeclaration were circulated for public review and comment in a manner prescribed by CEQA, including the State Clearinghouse. The public review and comment period ended on November 4, 2002. One comment letter was received from the California Department of Health Services (DHS). This letter clarified DHS's permitting and funding responsibilities forthe project. No new issues that were not evaluated in the Initial Study were raised. DHS acknowledged that the Initial Study appeared to be adequate for its consideration under CEQA. A response to the DHS comment letter is attached to the Initial Study. Because no impacts to biological resources were identified in the Initial Study, it is appropriate to adopt a De Minimus Impact Finding for the project. If staff concurs, its recommendation to the Board shall be to: Adopt the Negative Declaration; Adopt the Mitigation Monitoring and Reporting Program; adopt a De Minimus Impact Finding; and File the Notice of Determination and Certificate of Fee Exemption with the County of San Bemardino Clerk of the Board of Supervisors and the State Office of Planning and Research, State Clearinghouse. Enclosed are the following: · One (1) Negative Declaration · ~' · Seven (7) copies of the Mitigation Monitoring and Reporting Program Mr. Robert Martin November 18, 2002 Page 2 · One (1) Certificate of Fee Exemption · Two (2) Notice of Determinations · Seven (7) copies of the Initial Study Posting of the Notice of Determination and Certificate of Fee Exemption with the County requires the District to pay a $35.00 administrative handling fee to the County. Thank you for allowing Tom Dodson & Associates to assist you with this project and should you have any questions or comments, please call. ~~/Sincerely" ~ Vice President BG/cmc Csp02/1118BG1 (EV-046) To: Bob Martin, General Manager; Paul Dolter, District Engineer From: Ron Buchwald, Assistant District Engineer ~-h Date: 11/21/02 Re: Request for sewer main installation on Millar Street (Mr. Wallace Platner) The District received a letter from Mr. Wallace Platner on October 24, 2002, requesting the District to install a sewer main on Millar Street. This request was due to the lack of area on the customer's property for any furore installation of a leach ~.i~ / septic tank. Mr. Plainer has installed three leach pits on his property over the ~{~. and does not have room for any future leach pit. He has spoken to two ~o~ owners on the street and they understand the leach pit problem and ~Ontila!: costs of a new sewer main. Attached is the letter from Mr. Wallace for ~ :~h~ ~ct's engineering office has prepared two documents that are attached for ~ : '~ ~oiir ~e:~w. The first document discusses the three scenarios for installing a sewer : Millar Street, each with different amounts of District / property owner ': ~i~ment. The least complex scenario for the District would be the Individual ~thod. However, this would be also the most expensive method for Mr. Platner. The Group Method, option A would be the most preferable method for ail that is involved because of the cost sharing among property owners and the District involvement is still limited. However, experience says this method is very unlikely to be accepted by all property owners. I recommend that we present this issue to the Board and investigate the various scenarios with Mr. Plainer and the other property owners to determine the most accepted scenario by all. Of course, the option of doing nothing is still available. The last sheet prepared by engineering is the estimated costs or constructing a sewer main on Millar Street. The cost was broken down into individual cost and a group cost. The individual cost is the cost Mr. Platner would pay if he wanted to build the sewer main up to his house and connect. The group cost is the total cost the group would pay together to install the sewer main for each of the 10 property owners on the street. The cost for each property owner under the group method is estimated to be $13,116.30. This includes design and construction of the sewer main and November 21, 2002 laterals, inspection fees, and property owner lateral connection cost as well as abandonment of the their leach pits. This fee is estimated and can vary significantly due to timing of the project with respect to the workload of the construction industry. There is no contingency included in this price. I recommend we talk with Mr. Platner and the other property owners to determine an acceptable scenario. If a method is chosen that includes cost sharing, a more detailed cost estimate can be performed at that time. If you have any questions or need more information, please let me know. 2 ~ October 23,.2002 ~ ~ ) Thc Board of Diroctors East Valley Water District P. O. Box 3427 San Be~n~-dino, California 92413 Attention: Paul P~ Dolter, P.E. Gentlemen: The property owners on Millar Street, of whom I am one, have an immanent problem. That problem is sewage disposal. Three or £our years ago ! installed the th/rd leach pit on my property and I have no room for even one mom leach pit_ I suspect other owners have the same potential problem. I am ~king that you hnmediately begin m~king plans to install sewer for the homes on Millar Street. I have talked to two other owners on the street. They understand the problem and, as I am, are aware that there will likely be a substantial cost. However, the cost of installing a leach pit is also substantial and in my case isn't even an option. I presume yon will consider this problem at a board meeting in the near future. Would you be so kind as to inform me when this matter will come before you. My property is at 27141 Millar Street. Respectfully, Wallace E. Platner 25276 Barton Road, #14 Loma Linda, California 92354-3056 909-799-6303 Altematives to install a sewer main in Miliar Street. 1. Individual Method: In this case Mr. Wallace Platner could unilaterally construct a sewer in Millar Street from Orange Street to a location in front of his property where his house lateral could propedy be connected with the new sewer line. Under these circumstances Mr. Platner would need to pay for: · Sewer design, construction, inspection · House lateral and main connections · Abandonment of his existing septic system · City and EVWD connection fees Under this method Mr. Platner would not be reimbursed by other properly owners for any subsequent connections west of his property to Orange Street. 2. Group Method: There would be two possible means of accomplishing the group method. A. Mr. Platner could meet with all the owners along Millar Street and get a firm commitment from them to share in all the design and constructions costs for sewer and pay the related connection fees. They would also have to agree to abandon their individual septic systems, Costs for the owners would include: · Sewer design, construction, inspection · House lateral and all connections · Abandonment of existing septic system · Cityand EVWD connection fees B. Mr. Platner could ask the District to intervene and form an assessment district with concurrence of the majority if not all the property owners along Millar Street. With this method, the District's cost associated with establishing an assessment district would be passed on the property owners. EVWD would take the lead in this case and arrange for all the work to complete the project. The costs that could be spread over a set per[od (10-30 years) would be: · Sewer design, construction, inspection · House lateral and allconnections · Abandonment of existing septic system · City and EVVVD connection fees · EVWD improvement District Management Costs 3. EVDW Sponsored Method: Under this scenario the District would design and build the sewer in Millar Street and divide all the related costs by the number of lots and when a customer such as MR. Platner decides to connect either voluntarily or by mandate, he would then reimburse the District for the related construction costs and pay for the following: · House lateral and all connections (from the sewer to his house) · Abandonment of existing septic system · City and EVWD connection fees · EVWD design and construction costs SUMMARY OF COSTS SEWER MAIN AND LATERAL CONNECTIONS M[LLAR STREET, EAST OF ORANGE STREET THE ESTIMATED COSTS LISTED BELOW ARE BASED ON THE FOLLOWING: 1. SINGLE INSTALLATION: INSTALLATION OF 1 MANHOLE, 1 LATERAL AND APPROXIMATELY 235 LINEAR FEET OF 8 Inch SEWER MAIN WITHIN M[LLAR STREET, FROM ORANGE STREET EAST. 2. FULL INSTALLATION: INSTALLATION OF 2 MANHOLES, t0 LATERALS AND APPROXIMATELY 600 LINEAR FEET OF 8 inch SEWER MAIN WITHIN MILLAR STREET, FROM ORANGE STREET EAST. ALSO INCLUDED, ARE ESTIMATES TO ABANDON THE EXISTING SEPTIC SYSTEM(S) AND CONNECTING THE HOUSE(S} TO THE LATERAL(S). ~ ENGINEERING DRAWINGS (SITEINVESTIGAT[ONISURVEYANDDESIGN) Prepare plan and profile construction drawings 1 set $ 450015000 $ 4,500. $ 5,000. Construction management I Plan check ( EVWD ) $ 50011000 $ 500. $ 1,000. ~ OFF-SITE WORK (MAIN and LATERI. INSTALLATION) Rechannel / Cora Drill existing MH in Orange St 01 $ 800 $ 800, $ 800. Install 8 in, PVC sewer pipe 235/600LF $36/LF $ 8,460. $21,600. tnstall sewer manhole(a) 01 102 $ 2500ea. $ 2,500. $ 5,000. Install 4 In, sewer laterals(s) from main to prop. line I / 10 $ 700 $ 700. $ 7,000. Asphalt replacement (trench5ffx600ft) 1200/3000SF $3/SF $ 3,600. $ 9,000. Asphalt capping (12ffx1") 2880/7200SF $0.601SF $ 1,728. $ 4,300. Asphaltd[sposa[ 1200/3000SF $1700 $ t,200. $ 1,700. Soilstest[ng $1300/t700 $ 1,300. $ 1,700. ~ ON-SITE WORK {SEPTIC SYSTEMABANDONMENTand HOOK-UPTO PUBLtCSEWER} Locate and pump out septic system, backfill septic System with sand. Install 4" A~3S (40 ga} sewer line From house to curb with two cleanouts and one Cleanout box at curb. Plumber will pull permits for All on-site work. If all 10 lots are done at one time 10 $ 2500ea $ 25,000, If oniy one lot is done 0t $ 3000ea $ 3,000. NOTE: PLUMBER WILL NOT 6E RESPONSIBLE FOR ANY LANDSCAPING. ~ CONSTRUCTION ASSOCIATED FEES (OFF-SITE and ON-SITE) Off-site construction inspection fees (perEVWOOrd) 5110days $4001day $ 2,000, $ 4,000. off-site construction permit (per City of Highland) 2351600 LF $ 580 $ 265. $ 580. On-site building permit fee (per City o[ Highland) 1 / 10 $120.30/Iot $ 120. $ 1,203. [] SEWER FEES Sewer Capacity Fees for the City of San Bernardino 1 110 $ 3500ea $ 3,500. $ 35,000. EVWD Sewer Trunk Fee 1 110 $1581~du $ 158. $ 1,580, EVWD Permit Fee 1 / 10 $ 75 $ 75. $ 750. EVWD Connection Fee 1 / 10 $ 645 ledu $ 645. $ 8,450. In summary, the projected I approximate total cost for this project is as follows: RESOLUTION 2002.50 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT AUTHORIZING EXECUTION OF A QUITCLAIM DEED TO RANCHO SAN ANDREAS COMPANY, A CALIFORNIA CORPORATION. BE IT HEREBY RESOLVED AND ORDERED that the East Valley Water District does hereby grant, convey, selF, assign and transfer to Rancho San Andreas Company, a California Company an easement more particularly described in the Quitclaim Deed, and, BE IF FUTHER RESOLVED that a copy of this resolution be attached to said Quitclaim Deed, and that the same be recorded in the Office of the County Recorder, County of San Bernardino, State of California and fi~ed in the records of said Board. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District, by motion.made, du~y seconded and carried unanimously on November 26, 2002. AYES: DIRECTORS: NOES: ABSENT: EAST VALLEY WATER DISTRICT Donald D. Goodin, Board President ATTEST: Robert E. Martin, Board Secretary 11/12/02 jw RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name Rancho San Andreas Street P.O. Box 2146 Address City, State & San Bernardino, CA 92406 Zip Code Attn: Aaron W. Hodgdon SPACE ABOVE THIS LINE FOR RECSRDER'S USE QUITCLAIM DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is $ [] unincorporated area [] City of Parcel No. I-[ computed on full value of property conveyed, or r'l computed on full value less value of liens or encumbrances remaining at time of sa]e, and FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, East Valley Water District, a County water distr~ct, Successor -in-interest to East San Bernard[no Co[mty Water District hereby REMISE(S), RELEASE(S) AND FOREVER QUITCLAIM(S) to Rancho San Andrees Company, a California Corporation the following described real properly In the county of San Bernardino , State of Ca[ifornta: See Exhibit"A" attached hereto and made a part hereof. Note: This conveyance is to relinquish all right(s), rifle and interest the grantor acquired under that certain Temporary Construction easement, Recorded June 20, 1995 as Document No. 95-210716 of official records of said County. Dated ,2002. STATE OF CALIFORNIA COUNTYOF San Bernardino }S.S. On ,2002 before me, Mary E. Wallace a FOR NOTARY SEAL OR STNvlP Notary Public in and for said County and State, perecnal[y appeared Donald D. Goodin personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the w~thin instrument and ac~ow]edged to me that he/she/they executed the same in his/her/their authedzed capacity(les), end that by his/her/~e[r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature . - 21071G EXHIBIT B RANCHO SAN ANDREAS AS GRANTORS, FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, DO HEREBY GRANT, BARGAIN, SELL AND CONVEY TO THE EAST VALLEY WATER DISTRICT, A COUNTY WATER DISTRICT, ITS SUCCESSORS AND ASSIGNS, AS GRANTEE, A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES ACROSS THE REAL PROPERTY LOCATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: AN EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES IN THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 1 NORTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA OVER PARCEL 2 AS RECORDED OCTOBER 11, 1994 AS NO. 414166 IN THE OFFICE OF THE SAN BERNARDINO COUNTY RECORDER, STATE OF CALIFORNIA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 27; THENCE SOUTH 89052'59" WEST, A DISTANCE OF 899.99 FEET ALONG THE CENTERLINE OF HIGHLAND AVENUE; THENCE NORTH 0e07'01" WEST, A DISTANCE OF 44.00 FEET; THENCE NORTH 26031'09" EAST, A DISTANCE OF 348.45 FEET; THENCE NORTH 35°34'17" ' WEST, A DISTANCE OF 15.25 FEET; THENCE NORTH 0e 54'27" EAST, A DISTANCE OF 143.20 FEET; THENCE NORTH 26°30'00" EAST, A DISTANCE OF 32.09 FEET; THENCE NORTH 90000'00'. EAST, A DISTANCE OF 142.68 FEET; THENCE NORTH 30°00'00" EAST, A DISTANCE OF 76.24 FEET; THENCE NORTH 18000'00" EAST, A DISTANCE OF 240.32 FEET; THENCE NORTH 7°30'00" EAST, A DISTANCE OF 117.22 FEET TO THE TRUE POINT OF BEGINNING. THENCE NORTH 8D°30'00" EAST, A DISTANCE OF 200.00 FEET; THENCE SOUTH 39030'00" EAST, A DISTANCE OF 100.00 FEET; THENCE NORTH 29 °30'00" EAST, A DISTANCE OF 340.00 FEET; THENCE NORTH 62.030'00" WEST, A DISTANCE OF 219.16 FEET TO THE BEGINNING OF A NON-TANGENT .CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 235.00 FEET WITH A RADIAL BEARING OF NORTH 73°26'14" EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF BO{ .~0't=~g~r TH.RO~JGH A CENTRAL ANGLE OF 73°26'14"; THENCE NORTH BgQ52'30'' WEST, A DISTANCE OF 51.03 FEET TO THE WESTERLY PROPERTY LINE. OF SAID PARCEL; THENCE SOUTHERLY ALONG SAID PROPERTY LINE SOUTH 3°26'19" WEST, A DISTANCE OF 155.26 FEET TO THE NORTH BOUNDARY LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27; THENCE EASTERLY ALONG SAID BOUNDARY LINE SOUTH 89°52'30" EAST, A DISTANCE OF 60.34 FEET.TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 80.00 FEET WiTH A RADIAL BEARING OF SOUTH 0°00'O0" EAST; THENCE SOUTHERLY ALONG SAID · BOUNDARY LINE ALONG SAiD CURVE AN ARC DISTANCE OF 232.39 FEET WITH A CENTRAL ANGLE OF 166° 26'06"; THENCE SOUTHERLY ALONG SAID BOUNDARY LiNE SOUTH 7o30'00" WEST, A DISTANCE OF 210.O0 FEET TO THE TRUE POINT OF BEGINNING. ALL AS SHOWN ON EXHIBIT 8 ATTACHED HEREWITH AND MADE A PART HEREOF, THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY ~ON MAY 25, 1995,SW~~y~2~ ~ ~~ LD . ~)EUTSCHER, P E · ' EXHIBIT 8 95-210716 / / RELEASES OF LIEN NOVEMBER 18,2002 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0010088-02 87.93 2. 0170098-01 56.07 3. 0420068-05 122.93 4. 0730102-02 38.45 5. 0920157-03 92.97 6. 0920157-04 47.94 7. 1110156-0 30.37 8. 1130180-7 56.84 TOTAL $ 533.50 +PAID THROUGH TAX ROLLS Page 1 of 1 Association of California Water Agencies November 13, 2002 Dear ACWA Member: I am writing to respond and to provide context to a letter you recently received from Ron Pistoresi, board president for the Madera Irrigation D/strict and a member of the ACWA Board of Directors. In the letter, dated October 29, 2002, Mr. Pistoresi took issue with the process by which the ACWA board considered the association's position on Proposition 50. In particular, he questioned the information provided to the board, the use of Robert's Rules of Order during the board'vote, and the information posted on ACWA's Web site following the board's action. The ACWA board was frrst alerted to the initiative that became Proposition 50 in the May board packet. Once the measure qualified for the ballot, extensive information regarding Proposition 50 was provided to the board on three separate occasions. The board first discussed the pros and the cons of Proposition 50 at its July board meeting, though no action was taken at that time. Instead, the board instructed ACWA's Executive Director Steve Hall to provide a thorough analysis of the technical merits and political nuances of the initiative and to negotiate three specific issues related to Proposition 50: clarification of fully mitigated language in the bond · support by the bond proponents for a 2004 water infrastructure bond · ACWA's inclusion / involvement in the drafting of bond implementing language. At the September 27 meeting, the board reviewed the executive director's analysis and the outcome of those negotiations and the majority of the board concluded that those negotiations had been successful. To ensure that both the supporters and opponents of Proposition 50 were adequately represented at the September 27 ACWA board meeting, several organizations attended and shared their views. Presentations for the opposition included: the California Farm Bureau Federation; the Regional Council of Rural Counties; and the California State Association of C6unties. Presentations in support included Gary Hunt (Yes on Proposition 50 Campaign). In addition, all members of the board wishing to speak on the issue--both pro and coned so, allowing for vigorous discussion prior to a vote. With respect to the procedures used dur'mg the board's vote on Proposition 50, a substitute motion was introduced upon wl~ich the board voted to support Proposition 50. Association of California Water Agencies 910 K Street, Suite 100, Sacramento, California 95814-3577 916/441-4545 FAX 916/325-4849 Hall of the States 400 N. Capitol St., N.W., Suite 357 South, Washington, D.C. 20001-1512 202/434-4760 F^X 202/434-4763 www.acwanet.com November 13, 2002 Page Two ' While a broad interpretation of Robert's Rules of Order does allow for such a motion, I understand that there is some question as to whether that motion was in order at the time. As the presiding officer over this meeting, I take full respons~ility for the conduct of the meeting and regret any question regarding the propriety of the vote. However, I believe the ACWA board had full knowledge of the motion before them (to support Proposition 50) at the time of the vote. The motion passed with 17 in support, 7 in opposition and 4 abstentions. Finally, with respect to the information provided by ACWA on its Web site, the .association followed the model it has used on many prior ballot propositions and issues dealt with by its board. The information also was shuilar to that which is provided by other public agency associations to their members. Additionally, when a request was made to develop additional information, the request was honored in a timely fashion. To summarize, I disagree with some of the points made by Ron, but I respect his views and appreciate the time he took to present them in writing. I believe a volunteer '. organization like ACWA must offer an open forun~ for discussion of any issue, and I support the right of any member to raise concerns or questions. I will continue to make every effort, to allow members to make their voices heard. Please feel free to contact me at my home, (925) 689-9255, or Steve Hall, ACWA's , Executive Dh'ector, (916) 441~4545, if you have questions or comments about this matter or if you would like copies of the material provided to the ACWA board on this matter. Thank you for your interest, and I look forward to seeing all of you at the upcoming 2002 Fall Conference in Anaheim. Sincerely, President ACWA Board of Directors BB:ak California Municipal Utilities Association 915 L Street Suite 1460 - Sacramento CA 95814 - 916-441-1733 - fax 916-441-4053 November, 2002 TO: Legislative Committee, Heads of Utilities & Elected Officials FROM: Jim Feider, CMUA President & Lauren Hamlin, Legislative Committee Chairperson SUBJECT: 2003 Legislative Briefing, Legislative Visits & Reception - January 27, 2003 Legislative Briefing The Legislative Briefing provides an opportunity for every CMUA member utility manager, staff and local elected official to learn from key legislative staff what water and energy issues ~rill be considered in the first year of the upcoming two year, 2003/2004, Legislative Session. The briefing will be held at the Hyatt Regency Sacramento (1209 L Street ) beginning at 10:30 a.m. through lunch, Monday, January 27, 2003. Arrangements have been made for a special government rate of $99 for those staying over the night of the 27th. Please make your reservations with the Hyatt (916-443-1234) by December 26 and be sure to mention CMUA to get this special rate. Transportation to and from the airport can be arranged by contacting Super Shuttle (800-258-3826). Legislative Visits & Reception Please begin scheduling appointments to meet with your legislators, and their staffs, for the afiemoon of January 27th and, at the same time, invite them to the President's Reception planned for that evening. Because of FPPC regulations, these personal invitations cannot come from CMUA staff. Formal invitations will be mailed in December from the President of the Association to the Legislature. Please keep CMUA informed of who you invite to the reception at the Hyatt Regency Sacramento (1209 L Street) 5:00-6:30 p.m. Agenda Legislative Briefing, Visits and President's Reception Monday - January 27th 10:30-Noon Briefing with Legislative Staffon Water & Energy Issues Noon Lunch 1:30-5:00 Capitol Visits 5:00-6:30 Legislative Reception Register To register for the 2003 Legislative Briefing, Visits & Reception please return the enclosed form to CMUA with your registration fee of $50 per person (for briefing, lunch and/or reception). You may also access this information on our web site: www.cmua.org California Municipal Utilities Association 915 L Street Suite 1460 - Sacramenfo CA 95814 - 916-441-1733 - fax 916-441-4053 2003 LEGISLATIVE BRIEFING, LEGISLATIVE VISITS & RECEPTION ~'VIONDAY~ JANUARY 27, 2003 -- HYATT REGENCY SACRAMENTO Registration Agenda Legislative Briefing, Visits and President's Reception Monday- January 27th 10:30-Noon Briefing with Legislative Staffon Water & Energy Issues Noon Lunch 1:30-5:00 Capitol Visits 5:00-6:30 Legislative Reception Please return this form with your registration fee of $50 per person (for briefing, lunch and/or reception) to: California Municipal Utilities Association 2003 Legislative Briefing 915 L Street Suite I460 Sacramento CA 95814-3705 Questions: Contact Ann Linnekens or Monique Zavalza at CMUA (Please complete one form per individuaO. Name (for badge) Title Utility Telephone Fax Address Email Please keep CMUA informed of who you invite to the Legislative Keception, 5:00-6:30 p.m. at the Hyatt Regency Sacramento (1209 L Street). Please let us know which events you plan to attend (the registration fee is $50 for one or all events): __Moming Briefing Lunch __ Reception Registration information may also be accessed on our web site www.cmua.org.