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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 08/27/2002 East Va ey Water District 1155 DEL ROSA AVENUE, SAN BERNARDINO, CA REGULAR BOARD MEETING August 27, 2002 2:00 P.M. AGENDA "In order to comply with legal requirements for posting of agenda, only those items filed with the DisU'ict 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 August 13, 2002. 4. Approval of Liens for Delinquent Water and Sewer Accounts. 5. Approval of Development Agreement between East Valley Water District and Little Pulsar, LenOne, Inc. to provide domestic water and sewer service to forty-two (42) dwelling units, located on the North side of Greenspot Road at Alta Vista, in the City of Highland, 6. Approval of Development Agreement between East Valley Water District and Redlands Unified School District to provide domestic water service to an elementary and middle school located near Orange St. and Eucalyptus Ave. in the City of Highland. 7. Accounts Payable Disbursements: Accounts Payable Checks #190251 through #190394 were distributed August 14, 2002 through August 21, 2002 in the amount of $539,042.12. Payroll Checks for period ended August 16, 2002 in the amount of $80,826.35. Total Disbursements for the period were $619,868.47. OLD BUSINESS 8. Radon Rule Update (General Manager) NEW BUSINESS 9. Proposal to participate and fund a joint groundwater recharge project. Discussion and Possible Action. 10. Resolution 2002.32 - Adopting a Conflict of Interest Code. 11. Resolution 2002.35 - Resolution of Intention of the Board of Directors of the East Valley Water District to Vacate Certain Property Interests. 12. Discussion and possible action regarding options to the City of Highland for the location of the new District Headquarters and related facilities. 13. Discussion and possible action regarding the Highland Area Chamber of Commerce Sponsorship Package (June 2002 - May 2003). 14. Official Ballot for the CSDA Board of Directors Election 2002. Discussion and Possible Action. 15. Authorize Treasurer to write off ail stale dated checks that are more than one (1) year old and are less than $15.00 and to publish a notice regarding all stale dated checks that are more the $15.00 and three (3) years old. Discussion and Possible Action. 16. Review and authorize write off of receivables related to District property damaged by motorists. Discussion and Possible Action. REPORTS 17. August 20, 2002 - Releases of Lien for Delinquent Water and Sewer Accounts. 18. General Manager's Report. 19. Oral Comments from Board of Directors. CORRESPONDENCE 20. Letter of appreciation from the Water Resources Institute at Cai State, San Bernardino for the District's contribution to their program. MEETINGS 21. SAN BERNARDINO AREA CHAMBER OF COMMERCE - Legislative Breakfast, San Bemardino Hilton, August 30, 2002. 22. WRI Quarterly Issues Breakfast "MET'S INLAND EMPIRE ACTIVITIES", San Bernardino Hilton, 7:30 a.m. to 9:00 a.m., September 11, 2002. 2 23. ACWA's 2002 CONTINUING LEGAL EDUCATION WORKSHOP, Napa Valley Marriott, October 3 & 4, 2002. 24. WESTCAS FALL CONFERENCE, Antler Adam's Mark Hotel, Colorado Springs, CO., October 23 & 25, 2002. 25. ACWA's 2002 FALL CONFERENCE, Disneyland Hotel, Anaheim, CA., November 20 & 21, 2002 (Conference Registration Information will become available after August 26th). CLOSED SESSION 26. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c) One Potential Case ANNOUNCEMENT OF CLOSED SESSION ACTIONS ADJOURN 3 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING AUGUST 13, 2002 MINUTES The meeting was called to order at 2:00 p.m. by President Goodin. Director Sturgeon 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, Patrick Milligan APPROVAL OF AGENDA M/SIC (Wilson-Sturgeon) that the August 13, 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 JULY 23, 2002 BOARD MEETING MINUTES, M/S/C (Lightfoot-Negrete) that the July 23, 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: 0420271-2, 0610119-4, and 1140140-2 had been paid and should be removed from the lien list. M/S/C (Lightfoot-Negrete) that the liens for delinquent water and sewer accounts be approved for processing with the exceptions as noted by the General Manager. RESOLUTION 2002.33 - DEDICATION OF WATER DISTRIBUTION SYSTEM WITHIN TRACT 15985-1, LOTS "Y" & "Z" iN THE CITY OF HIGHLAND was presented to the Board for approval. M/S/C (Lightfoot-Negrete) that Resolution 2002.33 be approved. DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND TRIMARK PACIFIC EAST HIGHLANDS, LLC TO PROVIDE DOMESTIC WATER AND SEWER SERVICE TO SIXTY-FOUR (64) DWELLING UNITS LOCATED AT HIGHLAND AVENUE & VAN LEUVEN LANE IN THE CITY OF HIGHLAND was presented to the Board for approval. M/S/C (Lightfoot-Negrete) that the 'Development Agreement between East Valley Water District and Trimark Pacific East Highlands, LLC be approved. REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR THE PERIOD ENDED JUNE 30, 2002, M/SIC (Lightfoot-Negrete) that the Financial Statements for the period ended June 30, 2002 be accepted as submitted. DISBURSEMENTS M/S/C (Lighffoot-Negrete) that General Fund Disbursements #190054 through #190250 distributed during the period of July 18, 2002 through August 7, 2002 in the amount of $1,389,784,66 and Payroll Fund Disbursements for period ended August 2, 2002 in the amount of $173,927.45 totaling $1,563,692.11 be approved. RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; presented letters from Rural Water Associations requesting continued assistance from various key Congressional figures in modifying the EPA drinking water rule for Radon to small and rural communities; that the District was continuing their efforts to build support to the modification of the Radon Rule; that the VA-HUD Bill was due for "mark- up'' next month. Information only. 2 MrNUTES: AUGUST 13, 2002 AGREEMENT FOR PROFESSIONAL SERVICES BETVVEEN EAST VALLEY WATER DISTRICT AND CENTRATION, INC. TO PROVIDE THE SERVICE OF PREPARING CLAIMS FOR REIMBURSEMENT FROM THE STATE OF CALIFORNIA FOR COSTS INCURRED was presented to the Board for approval. M/SIC (Sturgeon-Wilson) that the Agreement for Professional Services between East Valley Water District and Centration, inc. be approved subject to minor changes by Legal Counsel. DIRECTOR'S FEES AND EXPENSES FOR JULY 2002 were presented to the Board for approval. M/S/C (Lightfoot-Negrete) that the Director's fees and expenses for July 2002 be approved. RESOLUTION 2002.31 - RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE CALPERS BOARD OF ADMINISTRATION AND EAST VALLEY WATER DISTRICT BOARD OF DIRECTORS TO PROVIDE SECTION 21354.5 (2.7% @ 55 FULL AND MODIFIED FORMULA) FOR LOCAL MISCELLANEOUS was presented to the Board for approval. M/S/C (Lightfoot-Negrete) that Resolution 2002.31 be approved. REQUEST FROM THE GENERAL MANAGER FOR BUY-BACK OF EIGHTY (80) HOURS OF VACATION TIME was presented to the Board for approval. M/S/C (Lightfoot-Sturgeon) that the General Manager's request for vacation time buy-back be approved. DISCUSSION AND POSSIBLE ACTION REGARDING SALARY SURVEY CONSIDERATION FOR EXEMPT STAFF MEMBERS. M/S/C (Wilson-Negrete) that the salary change recommendations made by the General Manager for exempt staff members be approved, DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSALS FROM "HAAKER EQUIPMENT" AND "RICKER MACHINERY" FOR THE PURCHASE OF A VACTOR 2112 CATCH BASIC CLEANER AND SEWER CLEANER. The General Manager requested authority to place an order with Haaker Equipment for the purchase of a Vactor 2112. MINUTES: AUGUST 13, 2002 Director Sturgeon suggested that the District investigate the possibility of sending two (2) employees to the factory, when the equipment is ready, for "inspection" purposes as well as to accomplish delivery of the equipment to the District. M/S/C (Lightfoot-Negrete) that the proposal from Haaker Equipment for a Vactor 2112 be accepted and that delivery options be considered. NOTICE OF EXEMPTION - PLANT #146 WELL PROJECT LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND GREENSPOT ROAD IN THE CITY OF HIGHLAND was presented to the Board for approval, M/S/C (Lightfoot-Wilson) that the Notice of Exemption for the Plant #146 Well Project be approved. DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSAL TO PURCHASE AND/OR SPREAD WATER FOR GROUNDWATER RE-CHARGE PURPOSES FROM SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT (SBVMWD). Mr. Patrick Milligan spoke to the Board and responded to questions about various issues of concerns regarding "groundwater" and SBVMWD's obligations to its constituents. Information only. PRESIDENT GOODIN DECLARED A SHORT BREAK IN THE BOARD MEETING AT 3:35 P.M. DIRECTOR LIGHTFOOT LEFT THE MEETING AT 3:35 P.M. PRESIDENT GOODIN DECLARED THE MEETING RE-OPENED AT 3:40 P.M. INVESTMENT REPORT FOR QUARTER ENDED JUNE 30, 2002. The Investment Report for Quarter ended June 30, 2002 was reviewed. Information only. AUGUST 2, 2002 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on August 2, 2002 was reviewed. Information only. GENERAL MANAGER'S REPORT The General Manager reported on District operations to date; that the Annual Awards Banquet will be held on December 20th at the Arrowhead Country Club; that he had had a meeting with IVDA regarding the existing water system at Norton; Called attention to Item #22 on the Agenda regarding the District's contribution; that the 4 MINUTES: AUGUST 13, 2002 Perchlorate Conference was progressing well and that plans for various receptions for certain dignitaries, sponsors and speakers were underway; that there had been discussions with the City of Highland about the location(s) for the District's new facilities. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Sturgeon stated that he would like to have a tour of the San Manuel bottling Plant arranged; that the YMCA is hosting an event at Norton AFB on September 28th and requested that the District contribute 4,000 bottles of water to that event. Information only. Director Wilson commented on his ongoing pursuit for support of the Radon Issue. Information only. Director Goodin stated that he had been present at the City of Highland when the location of the District's Headquarters was discussed; that he felt the District should be represented at the City of Highland's general meetings whenever an issue involving EVVVD is an agenda item. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. PUBLIC PROTECTION CLASSIFICATION RESULTS FROM SURVEY TAKEN BY ISO OF THE CITY OF HIGHLAND'S FIRE SUPPRESSION SERVICES. Information only. LETTER OF APPRECIATION FROM SHEREE STEWART, CAPTAIN (HIGHLAND SHERIFF'S STATION) FOR DRINKING WATER DONATION. Information only. SAN BERNARDINO AREA CHAMBER OF COMMERCE "BUSINESS AFTER HOURS", LOIS LAUER REALTY, 1998 ORANGE TREE LANE, REDLANDS, CA., AUGUST 22, 2002. Information only. ACWA REGION 9 ANNUAL MEMBERSHIP MEETING, PGA OF SOUTHERN CALIFORNIA GOLD CLUB AT OAK VALLEY, 36211 CHAMPIONS DRIVE, CALIMESA, CA. AUGUST 23, 2002. Information only. ACWA COUNTY WATER DISTRICTS SECTION 2002 MINI-CONFERENCE, "SHOW ME THE WATER", LAKE SAN MARCOS CONFERENCE CENTER, SEPTEMBER 19- 20, 2002. Information only. WATER EDUCATION FOUNDATION "NORTHERN CALIFORNIA WATER FACILITIES & FISHERIES TOUR", SACRAMENTO, CA., OCTOBER 2-4,2002. Information only. 5 MINUTES: AUGUST i3, 2002 ASDWA 17TH ANNUAL CONFERENCE, MARRIOTT DOWNTOWN, SALT LAKE CITY, UTAH, SEPTEMBER 30 - OCTOBER 3, 2002. Information only. CALIFORNIA WATER LAW & POLICY CONFERENCE, HYATT HOTEL, IRVlNE, CA., OCTOBER 17-18, 2002. Information only. CLOSED SESSION M/S/C (Negrete-WiIson) that the meeting adjourn to Closed Session. The Board entered into session at 4:23 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. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 4:30 p.m. The items listed on the Agenda were discussed in closed session with no reportable action being taken. ADJOURN The meeting was adjourned at 4:30 p.m. untii the next regularly scheduled Board Meeting on August 27, 2002. Donald D. Goodin, President Robert E. Martin, Secretary V 6 MINUTES: AUGUST 13, 2002 CERTIFICATE OF LIEN AUGUST 27, 2002 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED I. 0020003-02* $28.58 2. 0070162-01 $31.97 3. 0940214-00* $83.62 4. 1110217-06+ $246.55 TOTAL ,~ $ 390.72 * STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 DEVELOPMENT AGREEMENT THIS AGREEIVIENT is made this c~ day of ~]/~L157-~ , 200e~.~, by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and LITTLE PULSAR, LenOne, Inc., a Virgi~fia Corporation ('hereinafter "the OWNER"). RECITALS A. The DISTRICT is a County Water DISTRICT organized and operating pursuant to California Water Code Section 30000 et seq. B. The OWNER proposes to subdivide and develop certain real property within the boundaries of the DISTRICT, which is located on the North side of Greenspot Road at Alta Vista, in the City of ffighland, County of San Bemardino, State of California, and is generally identified as Tract No. 14362 (hereinafter "the PROPERTY"). A copy of the 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 42 dwelling units, (lots 101, 171-187, 196 and 206-228) and the OWNER desires that the DISTRICT provide domestic water and sewer service to the PROPERTY. The OWNER intends to design and construct certain facilities necessary for water and sewer service to be fiwaished 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 service to the PROPERTY. E. The purpose of this AGREEMENT is to provide the terms and conditions under which the OWNER will design and construct the facilities necessary to 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 OWNER 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 OWNER agrees to design or redesign the water and sewer facilities for the PROPERTY in accordance with the DISTRICT'S most current Standards for Design and Processing of Water and Sewer Plans and most current tentative plan and modifications provided by the DISTRICT. The designs or redesigns shall be submitted to the DISTRICT ia a Page 1 of 9 complete form, which sha~rovide sufficient information for review and a~oval, by the DISTRICT in the exercise of its sole discretion. b. The DISTRICT may request certain changes in the plans to provide for over sizing of facilities, which OWNER agrees to incorporate into the plans and specifications for the PROPERTY. c. The OWNER shall furnish the DISTRICT with any and all easements necessary for the cons~a'uetion, operation, maintenance, and repair of any and all water and/or sewer facilities to be instalied 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. d. The OWNER shall submit all 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 inclnsinn of all changes thereto requested by the DISTRICT will provide the OWNER with authorization to proceed. The OWNER shall not proceed with the construction of the PROJECT and any other water or sewer and any other water or sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. CONSTRUCTION OF FACILITIES. The OWNER agrees to construct the PRO~ECT and all other water and sewer facilities necessary for the PROPERTY in the following manner subject to the DISTRICTS approval: a. The OWNER shall obtain all necessary permits fi.om the City of Highland and all other public or private agencies requized for the cons~raction thereof. The PROYECT and the facilities appurtenant thereto shall be constmctad at a location determined by the DISTRICT and shall be relocated by the DISTRICT at the OWNER'S sole expense if such relocation is deemed necessary by the DISTRICT in its sole discretion. The OWlXrER hereby grants the DISTRICT full access to the PROPERTY and all other locations where the work contemplated herein is to be performed. b. AIl facilities constructed pursuant to this AGREEMENT shall be in accordance with accepted standards and practices in the industty and in compliance with all local, state and federal laws, roles, and regulations. The OWNEK shall be responsible for providing all labor, materials, and equipment necessary to perform the work for the PROIECT, 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 MMater and Sewer Pipelines. All costs and liabilities in connection with the design and construction of the PROYi~CT shall be borne solely by the OWNER. c. The DISTRICT shall inspect and approve all work to be performed under this AGREEMENT. However, any Page 2 of 9 approval by the DISTRI(~.~f such work, or of the designs, specifications, ~rts, and/or materials furnished hereunder, is understood to be conceptual approval only and will not relieve the OWNER or its contractors, consultants, or subcontractors of responsibility for complying with all laws, codes, industry standards, and liabihty 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 th/s AGREEMENT or any previous or subsequent agreements. The OWNER shall cause the facilities constructed under tl~s AGREEMENT to be inspected as required by any and all other public or private agencies. Section 3. OWNEK'S COSTS. In addition to all other obligations imposed upon the OWNER under this AGREEMENT, the OWNER shall be responsible for the payment of all of the following: a. Except as otherwise expressly provided in this AGREEMENT, the OWNER shall pay to the DISTRICT all, or any Portion, of the conuection fees for the PROPERTY at the time of application for water and sewer service therefore. The DISTRICT will provide water and sewer service o~ly to those specific subdivision lots within the PROPERTY for w~ch payment in full has been made to the DISTRICT. b. The OWNER 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 as otherwise expressly set forth below: 1. OWNER agrees to bring Canal Zone pressure into the project by installing approximately 2500 lineal feet of 16" water line from Tract 14326 through Tract 15375, to said lot 240 of Tract 14362. OWNER agrees to pay all costs and expenses associated with this construction. Corresponding changes to the original water line design drawings for Tract 14326 mat be required. 2. OWNER agrees to reimburse the DISTRICT all fees and expenses associated with revising the original design drawings in order to include the Canal Zone Piping. The approximate cost to date of revising the original plans is $973.46 for DISTRICT labor. Payment of this cost will also be due prior to the initiation of water service to any of the lots within the OWNER'S project. 3. OWNER agrees to repair [raise to proper grade] approximately 13 sections of North Fork Canal in the Bun Cove area that were incorrectly installed, creating a low poinffsand trap in the line. OWNER agrees to plan, schedule and coordinate said repair with the DISTRICT as any unscheduled or prolonged down time of said Canal may impact the DISTRICT'S Surface Water Treatment Plant operation as well as cause severe crop damage to Page 3 of 9 various North Fork ~.~reholders. District to provide original plan c~s (Exhibit B) to identify areas ha need of repair. DISTRICT and OWNER will as-built ultimate locations to be repaired prior to commencement of work. c. The OWNER shall comply with all roles, regulations, resolutions, and ordinances of the DISTRICT that are currently in place or may hereafter be adopted, and shall pay when due any and all fees, deposits, charges, rates, fmcs, penalties, taxes, and/or assessments that may be levied by the DISTRICT. d. The OWNER hereby consents, and waives any objection, to the exercise of any and all collectiun remedies that are available to the DISTRICT under the law upon the property and/or the person and/or property of the OWNER and its shareholders and partners. Section 4. SECURITY. a. The OWNER shall provide performance, completion, and/or payment bonds for the PROJECT ha the mininaum mount of not less than 100 percent of the estimated construction costs containing covenants, which are acceptable to the DISTRICT and the City of Highland. b. The OWNER shall provide a mahatemmce bond for the PROJECT in the amount of not less than 100 percent of the construction cost, which shall contain covenants, which are satisfactory to the DISTRICT. Such bond shall remain in force for at least twelve (12) months fi.om the date of acceptance by the DISTRICT of the dedication of said facilities. c. The OWNER shall also procure and maintain during the performance of this AGREEMENT such policies of insurance, bonds fi.om 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 fa'om any and all exposure to loss and/or liability. Section 5. COSTS FOR OVERSIZING. Pursuant to Section 1.b of this AGREEMENT the DISTRICT agrees to pay to the OWNER the incremental cost of over sizing any PROJECT facilities greater than twelve inches (12") in diameter for water distribution pipelines. The DISTRICT shall determine the amount of the incremental cost of over sizing and the method of payment in the exercise of its sole discretion prior to its acceptance of the PROJECT facilities. a. The Owner agrees to upsize, at DISTRICT expense, fi.om 8" diameter to 16" diameter, approximately 3900 lineal feet of water lines witt~n the DISTRICT'S Canal Pressure Zone. Said Lines are located in Cabo del Oeste, Alta Vista, Frontera, del Norte and Vista Rio streets. The pipelines to be constructed by OWNER within the Canal Zone, as provided above, are depicted on E.~aibit 'C' attached hereto and incorporated herein by this reference. Such pipelines shall be constructed at the same time ha-tract improvements consisting of streets and utilities are being cons~ucted within the OWNER'S development ha the area of such pipelines, and may, at OWNER'S election, be constructed by OWNER'S successor-ha-interest ha ownership of such area. Subject to Section 16 of this AGREEMENT, DISTRICT agrees that OWNER or its successors or assigns shall be entitled to reimbursement from DISTRICT for the cost of upsizing the Page 4 of 9 pipelines in the Canal Z~,,~ that are to be upsized by OWNEK as prov,~, above. The total amount of any such reimbursement for the cost of upsizing the water lines in the Canal Zone pursuant to the provisions of this paragraph is hereby determined to be $127,865.00, as detailed in Exhibit "D" (Owner to provide) attached hereto and incorporated herein by this reference (the "Canal Zone - Pipeline Upsizing Cost Reimbursement"). The DISTRICT shall accomplish this reimbursement by subtracting said sum from the amount the OWNER owes the DISTRICT pursuant to Section 3.a. of tiffs AGREEMENT. Section 6. DEDICATION OF FACILITIES. a. The OWNER 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 insU'ument as the DISTRICT may presort'be, 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 system. The DISTRICT shall not accept dedication of said water or sewer facilities until ail connection fees have been paid unless otherwise allowed under Section 3.a herein~ b. The OWNER hereby grants the DISTRICT full access to the PROPERTY for the purpose of installing, operating, inspecting, maintaining, and repairing all tueters, valves, and other appurtenances necessary for the DISTRICT to record, regulate, and control 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 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 OWNER is in breach, default, or violation of this AGREEMENT or any mle, regulatioa, 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 tetuperature 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 liable for any losses incurred or damages sustained after the water furr(tshed hereunder is transferred to the PROJECT Page 5 of 9 facilities. Any water conveyed by the ~,,~rRICT under this AGREEMENT shall not se,,,~as the basis of, or otherwise support, any water rights claim that may be asserted by the OWNER. Section 9. LIABILITY FOP-. DAMAGES. The DISTRICT shall not be held liable or respons~le for any debts or claims that may arise from the operation of the operation of this AGREEMENT, or for any damage claims for injury to persons, including the OWNER 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 OWNER'S obligations hereunder. Section I0. RELEASE. The OWNER hereby expressly waives and releases the DISTRICT and its agents, officers, directors, and employees fi-om 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 OWNER, notwithstanding the provisions of California Civil Code section 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 OWNER there under 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 AGP~EMENT shall act as a release of any claims that may arise from the aforementioned whether such claims are currently known or unknown. The OWNER understands and acknowledges the significance and consequences such specific waiver of Civil Code section 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 cl~im~ are currently foreseen or unforeseen. Section 11. HOLD HARMLESS. Excepting the sole or active negligence or willful misconduct of the DISTRICT, the OWNER 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 owner and/or its officers, directors, shareholders, parmers, 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, inchiding design defects, even if occurring after the completion of the PROJECT, and defend the DISTRICT and its officers DIRECTORS, agents, and employees fi-om 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 OWNER agrees to defend, indemnify, and hold the DISTRICT harmless from and against all claim:ts, 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 Page 6 of 9 foreseeable and umt'oreseeable consequ~,~al damages which might arise or be asserted'~mst the DISTRICT and/or the OWNER with regard to the PROPERTY and/or the PROJECT which are alleged and/or determined to be tortuous, snd~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., all as the same may be amended fi.om time to time. Section 12. NOTICES. Any notice, tender, or delivery to e 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 1 I55 Del Rosa Avenue San Bernardino, CA 92413 Attn: General Manager If to the OWNER: Little Pulsar, LLC 40925 County Center Dr,. Ste. 110 Temecula, CA 92591 Attn: Fred Watson 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 attorney's fees and other costs incurred in connection of its attorney's 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 tt~s AGREEMENT, the prevailing party therein shall be entitled to recover all attorneys fees and other costs actually incurred in counection 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 attorney's 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 ~nure to the benefit of, the parties hereto, their respective heirs, successors, legal representatives, and assigns, and each of the shareholders and parmers of the OWNER in their individual, separate, and/or other capacities. Page 7 of 9 Section 16. ASSIGNMENT. ~ AGREEIvI~NT may not be assigned to a~j~ndividual or entity without the written consent of the parties hereto. Section 17. INTEGRATION AND AMENDMENT. a. This AGREEMENT constitutes the enth'e 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 the 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 cons(rued as if both parties jointly prepared this AGREEMENT and any uncertainty or ambiguity contained herein shall be not interpreted against any one party. Failure by either party to enforce any provision of this AGREEMENT, or any waive thereof by such party, shall not constitute a waive 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 revision 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 PKOPERTY. Section 20. SEVERABILITY. If any potion of this AGREEMENT is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this AGREEMENT shall continue in full force and effect. Section 21. TLME IS 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. ALYrHORITY. 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, hereo£ Page 8 of 9 IN W1TN'ESS 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 President, Board of Directors ATTEST: By: Secretary OWNER: By: Little Pulsar, LenOne, Inc. A Virginia Corporation, By: US Home Corporation It's Agent By: ~~.,~ Vice President ATTEST: Subscribed and sworn (or affmned) before me this 9th day of August, 2002. Notary Public Page 9 of 9 EXHIBIT "A" GROVE p .U.D. I BERT COVE A'~'ea VACANT ,~ P .U .O.. ?o__ ~ EV~ND Plant 142 .TRACT No, 14362 EXHIBIT D EAST VALLEY WATER DISTRICT. PIPELINE UP - SIZING COST DIFFERENTIAL CALCULATION CANAL PRESSURE ZONE - TRACT 14362 - LITTLE PULSAR ITEM DESCRIPTION I NEW , . ' I OLDI [QUANTITY UNITCOST PRICE NEW OLD DIFFERENCEI COSTI ALTA VISTA 16" D.I. PIPE 8" D.I. PIPE 199 $42 $26 $16 $3,184 I6" B.V. 8" G.V. 2 $1,830 $750 $1,080 $2,160 16"X15"X16" TEE 8" TEE 1 $1,330 $250 $1,080 $1,080 16"X12" REDUCER 1 $546 $546 $546 THRUST BLOCKS THRUST BLOCKS 2 $375 $200 $175 $350 12" END CAP 8" BLIND FLANGE 1 $56 $100 $44. $0 FRONTERA DEL NORTE 16" D.I. PIPE 8" D.I. PIPE 1413 $42 $26 $15 $22,608 16" B.V. 8" G.V. 2 $1,830 $750 $1,080 $2,160 16"X16"X8" TEE 8" TEE 1 $820 $250 $570 $570 THRUST BLOCKS THRUST BLOCKS 2 $375 $200 $175 '$350 6" G.V. 1 $294 $294 $294 VISTA RIO 16" D.I. PIPE 8" D.I. PIPE 159 $42 $25 $16 $2,544 16" 45 ELBOW 8" 45 ELBOW 1 $894 $894 $894 Gl{AND TOTAL $36~740 I' DEVELOPMENT AGREEMENT THIS AGREEMENT is made this __ day of , __, by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and REDLANDS UNIFIED SCHOOL DISTRICT, A PUBLIC AGENCY, (hereinafter "RUSD"). RECITALS A. The DISTRICT is a County Water District organized and operating pursuant to Califomia Water Code Section 30000 et seq. B. RUSD proposes to construct an elementary and middle school within the boundaries of the DISTRICT which are located within parcel numbers 1201-351-05,06, 12, 17,18, (located near Orange and Eucalyptus) in the City of Highland, County of San Bernardino, State of California, and are generally identified as Boulder Creek Elementary and Redlands Middle School No. 4 (hereinafter "SCHOOLS"). A copy of the Site Plan is attached hereto as Exhibit "A" and is incorporated herein by this reference. C. The SCHOOLS will consist of a multipurpose buildings, classrooms, parking facilities and play fields and RUSD desires that the DISTRICT provide domestic water service to said development. The RUSD intends to design and construct the facilities necessary for water service to be furnished to the SCHOOLS. D. The DISTRICT supplies domestic water service within the area to be served and is the public agency empowered by law to provide such services to the school. E. The purpose of this AGREEMENT is to provide the terms and conditions under which the RUSD will design and construct the facilities necessary for the DISTRICT to supply water service to the school (hereinafter "the PROJECT"). COVENANTS NOW THEREFORE, in consideration of the preced'mg Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: Section 1. DESIGN OF FACILITIES. The RUSD agrees to design the water facilities for the SCHOOLS in the following manner and according to the Rules and Regulations of the DISTRICT: a. The RUSD agrees to design the water facilities for the SCHOOLS in accordance with the DISTRICT'S Standards for Design and Processing of Water 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. b. The DISTRICT may request certain changes in the plans to provide for oversizing of facilities, which RUSD agrees to incorporate into the plans and specifications for the SCHOOLS. c. The RUSD shall furnish the DISTRICT with any and all easements necessary for the construction, operation, maintenance, and repair of any and all water 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 exemise of its sole discretion prior to the DISTRICT'S acceptance of any dedication of the PROJECT facilities under Section 6 of this AGREEMENT. d. The RUSD shall submit all 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 RUSD with authorization to proceed. The RUSD shall not proceed with the construction of the PROJECT or any other water facilities for use by the SCHOOLS until the DISTRICT so authorizes. ~' Section 2. CONSTRUCTION OF FACILITIES. The RUSD agrees to construct the PROJECT and all other water facilities necessary for the SCHOOLS in the following manner subject to the DISTRICT'S approval: a. The RUSD shall obtain all necessary permits from the City of Highland 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 RUSD'S sole expense if such relocation is deemed necessary by the DISTRICT in its sole discretion. The RUSD hereby grants the DISTRICT full access to the SCHOOLS 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, roles, and regulations. The RUSD shall be responsible for providing all labor, mater/als, and equipment necessary to perform the work for the PROJECT, and such work shaI1 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 Pipelines. All costs and liabilities in connection with the design and construction of the PROJECT shall be borne solely by the RUSD. 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 RUSD or its contractors, cons¢Itants, 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 agreements. The RUSD shall cause the facilities constructed under this AGREEMENT to be inspected as required by any and ail other public or private agencies. Section 3. RUSD'S COSTS. In addition to all other obligations imposed upon the RUSD under this AGREEMENT, the RUSD shall be responsible for the payment of all of the following: a. The RUSD shall pay to the DISTRICT all, or any portion, of the applicable connection fees for the SCHOOLS at the time of application for water service therefor. The DISTRICT will provide water service only to the project only after payment in full has been made to the DISTRICT. b. The RUSD 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 RUSD shall comply with all rules, regulations, resolutions, and ordinances of the 'DISTRICT that are currently in place or may 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 RUSD hereby consents, and waives any objection, to the exercise o£ any and all collection remedies that are available to the DISTRICT under the law upon the SCHOOLS and/~r-t4'~e:t~:m:amtfor property of RUSD. 4 ~ Section 4. SECURITY. a. The RUSD shall provide performance, completion, and/or payment bonds for the PROJECT in the minimum amount of not less than 100 percent of the estimated construction costs containing covenants which are acceptable to the DISTRICT and the City of Highland. b. The KUSD shall provide a maintenance bond for the PKOYECT in the amount of 100 percent of the construction cost, which shall contain covenants which are satisfactory to the DISTRICT. Such bond shall remain in force for at least twelve (i2) months from the date of acceptance by the DISTRICT of the dedication of said facilities. c. The KUSD 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 RUSD the incremental cost of oversizing the proposed water distribution pipeline within Orange Street. The DISTRICT shall detemfine 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. a. The OWNER agrees to u~,ize, at DISTRICT expense, from 8" diameter to 12" diameter, approximately 1~)30 lineal feet of water lines within the DISTRICT'S Upper Pressure Zone. Said line is to be in Orange Street, between Eucalyptus Avenue and 5th Street. The pipeline to be constructed by OWNER within the Upper Zone, as provided above is depicted in Exhibit "B" attached hereto and incorporated herein by this reference. Such pipelines shall be constructed at the same time as site improvements are being constructed within the RUSD'S development. Subject to Section 16 of this AGREEMENT, DISTRICT agrees that RUSD or it successors or assigns shall be entitled to reimbursement from DISTRICT for the cost ofupsizing the pipeline in Orange Street that are to be upsized by RUSD as provided above. The total amount of any such reimbursement for the cost of upsizing the water line in Orange Street, pursuant to the provisions of this paragraph, is hereby determined to be $37,439.92 as detailed in Exhibit attached hereto and incorporated herein by this reference (the Orange Street - Pipeline Upsizing Cost Reimbursement"). The DISTRICT shall accomplish this reimbursement by subtracting said sum from the amount the RUSD owes the DISTRICT pursuant to Section 3.a of this AGREEMENT. Section 6. DEDICATION OF FACILITIES. a. The RUSD 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 system. The DISTRICT shall not accept dedication of said water facilities until all connection fees have been paid unless otherwise allowed under Section 3.a. herein. b. The RUSD hereby grants the DISTRICT full access to the PROJECT for the purpose of installing, operating, inspecting, maintaining, and repairing all meters, valves, and other appurtenances necessa~ for the DISTRICT to record, regulate, and control the amount of water pumped therefrom. Section 7. SERVICE RESTRICTIONS. Any obligation on the part of the DISTRICT to supply water to the PROJECT 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 PROJECT if the RUSD 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 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 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 RUSD. 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 RUSD 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 SCHOOLS, the PROJECT, and/or the RUSD'S obligations hereunder. Section 10. RELEASE. The RUSD hereby expressly waives and releases the DISTRICT and its agents, officers, directors, and employees from any and ail 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 RUSD, 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 RUSD 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 RUSD 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 RUSD 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 cormection with, or resulting from, any and all acts or omissions on the part of the RUSD and/or its officers, directors, shareholders, partners, assignees, guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with the SCHOOLS, the PROJECT, and the perfonuance 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 RUSD 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 RUSD with regard to the SCHOOLS 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, 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 RUSD: Redlands Unified School District Facilities Office PO Box 3008 Redlands, CA 92373 Attn: Teri Shira 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 Califoruia 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. INUI~MENT. This AGREEMENT and all provisions hereof shall be joimly and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs, successors, Iegal representatives, and assigns, and each of the shareholders and partners of the RUSD 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 right to enforce subsequent violations of the same or any other terms or conditions herein. This 10 AGREEMENT shall be enfomed 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. Section 20..SEVERABI[LITY. If any portion of this AGREEMENT is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this AGREEMENT shall continue in full force and effect. Section 21. TINiE OF THE ESSENCE. Time is of the essence in this AGREEMENT, and the parties hereto agree to proceed in good faith, with due diligence, ~o complete ali 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 President, Board of Directors ATTEST: Secretary By: (Authorized Signature) 11 [IRRIGATION METER " / \ ' '0~ ~ O~l -- F~-~ ~,1 , DONEST [IRRIGATION SYSTEN '~ ~ , n-- ~ .~ IF~RE SYSTEM POC~ APPROXZMATELY ~9~0' L OF NE~ ~" ~ATER LZNE~ ~ ' EXHIBIT "B" ' ~',, ~ Ran View of Proposed Water Main · ,, scale: 1" = 200' ~"~-' ~ ':.~. ". [CONNECTZON TO EXZSTZN~L ~ ' .: ~.. .'. , [L/NE IN F~FTH STREET EXHIBIT" C" PIPELINE UP-SIZING COST DIFFERENTIAL CALCULATION ORANGE STREET - FROM EUYCALYPTUS TO 5TH STREET MATERIAL UNIT COST UNIT NEW OLD QUANTITY NEW OLD PRICE DIFF. COST DIFF. 12" Wtr main (CL350) 8" Wtr main (CL350) 1927 $42.81/[f $29.35/If $13.46/[f $ 25,937.42 12" Hot Tap 8" Hot Tap 1 $ 2,300.00 $2,000.00 $ 500.00 $ 500.00 12" Gate Valve 8" Gate Valve 3 $ 4,120.00 $1,952.50 $ 2,167.50 $ 6,502.50 ENGINEERING FEES extension of 12" main from south limit of schoo[ property to 5th Street $ 4,500,00 ¥ota, l, ~7,~9.92 j ~?~ East Va ° ey Water District Board Memorandum Date: AUG. 27, 2002 From: Brian W. Tompkins / Chief Financial Officer Subject: Disbursements. Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period August 14 through August 21, 2002. Background: Accounts payable checks are shown on the attached listing and include numbers 190251 to 190394 for A total of $539,042.12. The source of funds for this amount is as follows: COP Construction Funds EPA Grant Funds Unrestricted Funds $539,042.12 Payroll disbursed was for the period ended August 16, 2002 and included checks and direct deposits, Totaling $80,826.35 Fiscal Impact: Total disbursements- $619,868.47. 8~ ............ · ~ oooo o o o o ~~~ ~ ~ ~ o o~ oooo o o o o o~ooo oo~o o o o ~ o o o ~ o o ~ ~ ~ ~ ~ o ~ ~ o~oooo~~ ~ ~ ~ ~o .... ~ ..... oooo o~ooo o o ~ o o o o ~ ~ o ~ ~oo~ ~oo~ ~ ~° ~° ~ o ~ ~° ~° ~ o o 0000 00000 0 0 0 0 0 0 0 ~ 0 0 O~o oooo ~ ~ ~ o ~ ~ ~ ooooo o o o o ~ ~ ~ o o ~ ~5 ~ ~ ~ ~ ~ ~ o oo ~ ~ o ~° ~ oooo o o oo o ~ o ~g~ o o ~:~ u U U o U O ~ U U O U U U U o o u East Va ey Water District August 23, 2002 MEMORANDUM To: Board of Directors From: Robert E. Martin Subject: Cooperative Recharge Program Attached for your review is a letter sent to Patrick Milligan, Presidextt of the San Bernardino Valley Municipal Water District, from the Upper Santa Ana Water Resources Association (USAWRA). The Association had requested the Municipal Water District to enter into a cooperative groundwater recharge program with a number of agencies within the San Bemardino Valley. This letter was precipitated by the continuing decline of groundwater levels throughout our system. Members of the USAWRA have been working for some time on a cooperative program to begin importing and recharging State Project Water for the benefit of local groundwater producers. This culminated last week when both the Water Conservation District and the Municipal Water District took action to jointly enter into a cooperative funding program with retail agencies. In essence, the Municipal Water District has agreed to deliver all available water that remains in their account for this current year (40,000 acre feet) at a reduced rate of $49.50 per acre foot (1/2 of the normal delivery rate). In addition, the Water Conservation District took action to support the agencies within its service area by appropriating $400,000 to assist in the purchase of State Project Water. Enclosed for your review is a spreadsheet listing the 5 retail agencies who are proposing to import water for groundwater recharge. You will see that our District has committed to order 8,000 acre feet of water for recharge at the Santa Ana Low Turnout. This will allow us to spread water directly to benefit Well #125. This recharge will also help conditions for our wells located along the north edge of the Santa Ana River. The cost to our District for this 8,000 acre feet of water will be approximately $254,000 after the various subsidies from Muni and the Water Conservation District are accounted for. In addition, I have advised all parties that if any agency is not able to take its full allocation, then our District will be willing to take that water as well. It does appear that the West San Bemardino County Water District may not be able to take its full 7,500 acre feet of allocation. I would propose that our Board approve the funding for an additional 2,500 acre feet of water if West County is not able to take its full allotted share. This MEMORANDUM August 23, 2002 Page Two additional 2,500 acre feet would be at a cost of $49.50 per acre foot. This would result in a total appropriation of approximately $378,000.00 for this current fiscal year. This water will be ordered and spread by December 31st of this current year to comply with the operating rules of the Deparm~ent of Water Resources for the State Water Project. This expenditure is obviously not something that we had planned for in our current budget. This project has emerged, literally, within the last 3-4 weeks and is the result of numerous meetings amongst all parties. I am requesting the Board's authorization to commit up to $378,000 for the purchase of State Project Water for recharge in the Santa Ana River Basin. In addition to this spreading of water, we have also committed to an excelerated data collection program to monitor the impacts of this groundwater recharge effort in the upper regions of the Santa Ana River. I am quite pleased with the efforts of all parties involved in groundwater supply and production in the basin. This progress may very well lead to a longer term solution to the overall management of the groundwater system here in the San Bernardino Valley. With your concurrence, we will begin taking delivery of water on Tuesday, September 3rd, and continue through the end of December. Enclosed as noted REM: etb UPPER SANTA ANA WATER RESOURCES ASSOCIATION Mailing Address: P.O. Box 920 Rialto, CA 92377 August 16, 2002 C. Patrick Milligan, President Board of Directors San Bemardino Valley Municipal Water District PO Box 5906 San Bernardino, CA 92412-5906 Dear Mr. Milligan: The Upper Santa Ana Water Resources Association (USAWRA) respectfully requests your District's assistance in reducing the effects of the current drought. As you are aware, this season's rainfall total in the San Bemardino Valley and surrounding mountain watersheds was the lowest in recorded history. As a result, groundwater levels throughout the basin, and especially in the upper areas, have begun their expected precipitous declines. News reports of rationing and other emergency measures that have been put in force in neighboring communities are becoming commonplace. However, we believe that with a cooperative approach we can satisfy the growing demands of our customer base in an economical manner without resorting to drastic measures like those associated with the Statewide electricity crisis of 2001. Specifically, the USAWRA is requesting that you're the San Bemardino Valley Municipal Water District (Muni) dedicate uncommitted State Water Project entitlement water to benefit the groundwater basins within your District boundaries. A cooperative groundwater recharge proposal was brought to the USAWRA by the City of San Bemardino Municipal Water Department. The proposal is for a short-term program (through December 31, 2002) to provide immediate selective groundwater recharge through the spreading of State Project Water. Participants (local water agencies) would identify specific locations for recharge where they believe it will help to offset declining groundwater levels. Muni would make up to 40,000 acre-feet of State Project Water available for spreading at a reduced price of $50/acre-foot for participating agencies. _Participating agencies would commit to providing inter, sifted monitoring and reporting of ~roundwater production and water levels in the areas believed to be influenced by the spreadin e~s. Muni and the San Bernardino Valley Water Cbnservation District '[Uonservation Distric0 would coordinate the collection of the data gathered by the participating agencies, analyze the impacts of the spreading, and produce a report of the results. After lengthy discussions, the USAWRA unanimously approved the proposal and sending this letter to you. In addition, Conservation District has comm/tted $400,000 to further reduce the cost for water supply agencies within the Conservation District boundaries (please see attached memo). It is not expected that this project will completely solve the groundwater issues we are facing, but it will provide some relief regardless of whether the region is blessed with adequate rainfall this coming year. We are aware that there is a substantial cost associated with the import of State Project Water and request your consideration of a joint funding mechanism to accomplish the recharge project. The USAWRA members are strongly committed to ensure adequate water supplies within the San Bernardino Basin area. Management of the precious resource, our groundwater basins, is essential to the long-term economic viability of our valley. We will continue to work with Muni to develop ongoing programs to improve management of all of our water resources to maximize beneficial use of our water resources. Respectfully, President Upper Santa Ana Water Resources Association Enclosure: Conservation District Memorandum dated August 15, 2002 RESOLUTION NO. 2002.32 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ADOPTING A CONFLICT OF INTEREST CODE WHEREAS, the East Valley Water District ("the District") is a county water district organi?ed and operating pursuant to California Water Code Section 30000 et seq., and a local government agency subject to the requirements of the Political Reform Act of 1974 (''the Act"), Cal/fornia Government Code Section 81000 et seq.; WHEREAS, Section 87300 of the Act requires all local government agencies to adopt and promulgate conflict of interest codes pursuant to the provisions of the Act; WHEREAS, the Fair Political Practices Commission (''the FPPC") has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms ora standard conflict of interest code which can he incorporated by reference, and which may he amended by the FPPC atter public notice and hearings to conform to amendments in the Act; and WHEREAS, the District desires to comply with its statutory requirements under the Act and to provide a method to ensure that its Conflict of Interest Code is current and consistent with the prevailing provisions of the Act and the regulations of the FPPC. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the East Valley Water District as follows: Section 1. The terms of 2 Cal. Code of Regs. Section 18730, and any amendments to it duly adopted by the FPPC, are hereby incorporated herein by this reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, shall constitute the District's Conflict of Interest Code. Section 2. Designated employees shall file statements of economic interest with the District which will then be made available to the public for inspection and reproduction. Upon receipt of the statements fi-om the District's Board of Directors and General Manager, the Secretary of the District shall make and retain a copy and forward the original of said statements to the County Clerk of the County of San Bemardino. Statements for all other designated employees will be retained by the District Secretary. 3. Section 3. This Resolution supersedes Resolution 1996.309 adopted by the District's Board of Directors on October 28, 1996, and shall take effect mediately upon its adoption. ADOPTED this day of ,2002. AYES: NOES: ABSTAIN: ABSENT: Donald D. Goodin President, Board of Directors ATTEST: Robert E. Martin Secretary, Board of Directors 2 APPENDIX CONFLICT OF INTEREST AND DISCLOSURE CODE SECTION 100. The East Valley Water District ("the District") in the County of San Bemardino hereby adopts this Conflict of Interest and Disclosure Code ("Code"). The provisions of this Code are additional to Government Code Section 87100 and other laws pertaining to conflicts of interest. Except as otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are incorporated herein and this Code shall be interpreted in a manner consistent therewith. SECTION 200. Designated Positions. The positions listed on Exhibit "B" are designated positions. Persons holding those positions are deemed to participate in the making of decisions which may foreseeably have a material effect on a financial interest. SECTION 300. Economic Disclosure Statements. Designated positions are assigned to one or more of the disclosure categories set forth on Exhibit "A". Each person holding a designated position shall file a statement disclosing his/her interest in investments, business positions, real property, and income, designated as reportable under the category to which his/her position is assigned on Exhibit "B". SECTION 400. Place and Time of Filing. A. Persons hold'rog designated positions which are added to the District's Code shall file an irdtial statement within 30 days after the effective date of the Code. B. Persons appointed, promoted, or transferred to designated positions shall file an assuming office statement with the agency within 30 days after assuming the position. C. Annual statements shall be filed with the agency by April 1 st by all persons hold'mg designated positions. Such statements shall cover the period of the preceding calendar year or from the date of the last statement filed. D. Leaving office statements shall be filed with the agency within 30 days of leaving a designated position. Such statements shall cover the period from the closing date of the last statement filed to the date of leaving the position. 1 ~, E An individual who resigns a designated position within 12 months following initial appointment or within 30 days of the date of a notice mailed by the filing officer of the individual's filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual does not make, participate in making, or use the position to influence any decision of the District, or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Within 30 days of the date ora notice mailed by the filing officer, the individual shall do both of the following: (1) File a written resignation with the appointing power. (2) File a written statement with the filing officer on a form prescribed by the Board of Supervisors and signed under the penalty of perjury stating that the individual, during the period between appointment and resignation, did not make, participate in the making or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. SECTION 500. Contents of Economic Disclosure Statements. Statements shall be made on forms supplied by the District, and shall contain the following information. A When an investment, or an interest in real property, is required to be reported, the statement shall contain: (1) A statement of the nature of the investment or interest; (2) The name of the business entity in which each investment is held, and a general description of the business activity in which the business is engaged; (3) The address or other precise location and the use of the real property; (4) A statement whether the fair market value of the investment or interest in real property eqnalg or exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars ($ 100,000), or whether it exceeds one hundred thousand dollars ($100,000); and (5) If any otherwise reportable investment or interest in real property was partially or wholly acquired or disposed of during the period covered bythe statement, the date of acquisition or disposal shall be reported. 2 When income is required to be reported, the statement shall contain: (1) The name and address ofeach source ofincome aggregating two hundred fffiy dollars ($250) or more in value, or filly dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any of each source; (2) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest mount owed to each source, was at least two hundred ill'q, dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000), or whether it was greater than ten thousand dollars ($10,000); (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the amount or value and the date on which the gift was received and the name, address, and business activity, if any, of the intermediary or agent and the actual donor; (5) In case ora loan, the annual interest rate and security, if any, given for the loan; and (6) The first report filed by a person holding a designated position shall disclose any reportable investments, interests in real property, business positions, and income received during the previous 12 months. When the flier's pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported, the statement shall contain: (1) The name, address, and a general description of the business activity of the business entity; and (2) The name of every person from whom the business entity received payraents if the flier's pro rata share of gross receipts from such persons was equal to or greater than ten thousand dollars ($10,000) during a calendar year. When business positions are required to be reported, the statement shall conta'm: (1) The name, address, and a general description of the business entity; (2) The filer's job title or position; and (3) A statement whether the position was held throughout the entire reporting period and the dates the position was commenced or terminated, if not held during the entire reporting period. 3 SECTION 600. Disqualification. Persons holding designated positions shall disqualLCy themselves from making or participating in the making or in any way attempting to use their official position to influence a governmental decision when it is reasonable foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on: A Any reportable investment or interest in real property; B Any reportable source of income, other than loans by a commercial lending institution in the regular course of business, aggregating two hundred fifty dollars ($250) or more in value received within twelve months prior to the time the decision is made; and C Any business entity in which the person holding a designated position is a director, officer, partner, trustee, employee, or holds any position of management. SECTION 700. Adoption by Incorporation. Adoption by incorporation by reference of the terms of this code along with the designation of employees and the formulation of disclosure categories in the Exhibits referred to above constitute the adoption and promulgation ora Conflict of Interest and Disclosure Code CONFLICT OF INTEREST AND DISCLOSURE CODE Exhibit "A" CATEGORY 1 Persons in this category shall disclose all interest in real property within the jurisdiction. Real property shall be deemed to be within the jurisdiction if the property or any part of it is located within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the District. CATEGORY 2 Persons in this category shall disclose all investments and business positions. The Political Reform Act defines investment as follows: "Investment" means any financial interest in or security issued by a business entity, including but not limited to common stock, preferred stock, rights, warrants, options, debt instruments, and any partnership or other ownership interest, if the business entity or any parent, subsidiary or otherwise related business within the jurisdiction at any time during the two years prior to the time any statement or other action is required under this title. No asset shall be deemed an investment unless its fair market value equals or exceeds one thousand dollars ($1,000). The term "investment" does not include a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, interest in a diversified mutual fund registered with the Securities and Exchange Commission under the Investment Company Act of 1940 or a common trust fund which is created pursuant to Section 1564 of the Financial Code, or any bond or other debt instrument issued by any government or government agency. Investments of an individual include pro rata share of investments of any business entity mutual fund or trust in which the individual or spouse owns directly, indirectly or beneficially, a 10 percent interest or greater. According to the Political Reform Act, a business position is a position of director, officer, partner, trustee, employee, or any position of management in any organization or enterprise operated for profit, including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association. CATEGORY 3 Persons in this category shall disclose all income and business positions. 5 The Political Reform Act defines income as follows: "Income" means a payment received, including but not limited to any salary, wage, advance, divided, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan forgiveness or payment of indebtedness received by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes any outstanding loans. Income of an individual also includes a pro rata share of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a 10 percent interest or greater. CATEGORY 4 Persons in this category shall disclose all business positions, investments in, or income (including giits and loans) received from business entitles that manufacture, provide or sell service and/or supplies of a type mil/zed by the District and associated with the job assignment of designated positions assigned to this disclose category. CATEGORY 5 Consultants who are not employed as full-time staff members oftbe District shall nonetheless be included as a designated employee and subject to the disclosure requirements herein. However, those consultants whose positions are marked with an asterisk (*) in Exhibit "B" of this Code, or any other consultants which may be hired, may not be required to fully comply with the disclosure requirements herein where the range of duties which they are hired to perform is limited in scope. Such determination shall be made in writing by the General Manager of the District and shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the consultant's disclosure requirements, if any. This determination is a public record and shall be retained for public inspection in the same manner and location as this Code. 6 CONFLICT OF INTEREST AND DISCLOSURE CODE Exhibit "B" Designated Positions Disclosure Categories Director 1, 2, 3 Candidates for Director 1, 2, 3 General Manager 1, 2, 3 District Engineer 1, 2, 3 Assistant District Engineer 1, 2, 3 Controller/Chief Financial Officer 1, 2, 3 Admirfistrative Assistant 4 Water Service Superintendent 4 Water Production Supervisor 4 Consultant* 5 RESOLUTION NO. 2002.35 A RESOLUTION OF INTENTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT TO VACATE CERTAIN PROPERTY INTERESTS WHEREAS, the East Valley Water District ("the District") is a county water district organized and operating pursuant to California Water Code Section 30000 et seq.; WHEREAS, the District is authorized by Water Code Section 31041 to "dispose of property within or without the district necessary to the full exercise of its powers;" and WHEREAS, no specific method of abandonment of such property is provided in the District's enabling legislation. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the East Valley Water District as follows: 1. The Boa. rd of Directors hereby declares its intention to vacate certain pub1~c service easements located at the following addresses: 28342 Bums Street, Highland, California 7804 Calle del Rio Street, Highland, California 2. A description of the generallocation of and extent cf the public service easement to be vacated and a reference to a map or plan, which shows the portion or area to be vacated, shall be on file in the off]ce oftbe District. 3. The vacation proceeding shall be conducted under Chapter 3, Part 3, Division 9, of the Streets and Highways Code. 4. The date, hour, and place for hearing all persons interested in the proposed vacation shall be not be less than 15 days fi:om the adoption of this Resolution. 5. The District's General Manager shall cause this Resolution to be published or posted in the manner prescribed for the publication and posting of the District's resolutions. This shall be in addition to publication of the date, hour, and place of the hearing on proposed vacation for at least two successive weeks prior to the hearing in a daily, semiweekly, or weekly newspaper published and circulated within the District. Further, at least two weeks before the day set for the hearing, the District shall conspicuously post at least three notices of vacation along the line of the public service easements proposed to be vacated at points not more than 300 feet apart. These notices shall contain the same information provided in this Resolution. 6. At the hearing on the proposed vacation, the Board of Directors will hear the evidence offered by persons interested. If the Board finds, from all the evidence submitted, that the public service easements described in this Resolution are unnecessary for present or prospective public use, the Board may adopt a resolution vacating said public service easements. ADOPTED this __ day of ., 2002. AYES: NOES: ABSTAIN: ABSENT: Donald D. Goodin President, Board of Directors ATTEST: Robert E. Martin Secretary, Board of Directors HIGHLAND AREA CHAMBER OF COMMERCE SPONSORSHIP PACKAGE ~:~ JUNE 2002 - MAY 2003 Highland Area Chamber of Commerce Identified Events Fourth of July Parade (July 2002) State of the Comnmnity Luncheon (November 2002) Gelf Toomament ¢~,ugast.40O~ ~a~-r~ ~, ,~e.-z.~4 ,~.c.~ -z. ~¢- Installation Dinner (January 2003) Discover Highland Expo (September 2002) ~qe~ Spoosorship Recognition Luncheon (May 2003) Monthly Luncheons Quarterly Good Morning Highland Breakfast Sponsor Levels · $5,000 - Title Sponsor (l) - $2,500 Corporate Sponsors - $1,000 Chamber Sponsors All levels of sponsorships will receive the following mediarecognition: Identified events, Memberahip directory, Monthly membership luncheons, Good Morning Highland breakfasts · Media Coverage including prinled newspaper, PSA's, radio and Chamber mailings relating to chamber events. · Special Rccognitiou for all sponsors in the monthly membership newsletter. · The opportunity to supply their busineas banner for display at the Fourth of July Parade and Annual Golf Tournament. $5~000 Sponsorship Level - Title Sponsor · There is one Title Sponsor of tile Chamber each year. Jack's Disposal Services, Inc., is the curreut Title Sponsor and has first right of refusal to be the Title Sponsor. The Title Sponsor shall receive media recognition on the following: · Free ¼ page ad space in tile Chamber business directory. · Identified as the Chamber Title Sponsor on ali Chamber newsletters. · Two foursoraes at the Golf Tournament. · Free beoth space at the Discover Highland Expo. · Complimentary lunch for two at the Sponsorship Recognitiou Luncheon with preferred seating. · Complimentary table for eight at the State of the Commnoity Luncheen with preferred seating. · Complimentary table for eight at the Installation Dinner - key recognition for sponsorship level with preferred seating. · Complimentary lunch for two at the Chamber Monthly Luucheens and Quarterly Breakfasts. · A free set of Chamber Member Mailiug Labels $2d500 Sponsorship Level - Corporate Sponsor · Free ¼ page ad space in the Clmmber business directory. · Identified as the Chamber Corporate Sponsor po all Chamber aewslclters. · Oue foursome at the Golf Tournament. · Free booth space at the Discover Highland Expo. · Two complimentary tickets for the Sponsorship Recognition Lnucheon with preferred seating. · Four complimentary tickets for the State of the Community Luncheon. · Four complimentary tickets for the Installation Dinner - key recognition for sponsorship level with preferred seating. · Two coraplimentary tickets at the Chamber Monlhly Luncheens and Quarterly Breakfasts. · A free set of Chamber Member Mailiug Labels $1000 Sponsorship Level - Chamber Sponsor · Free business card-size ad space in the Chamber business director),. · ldeutified as the Chamber Sponsor on all Chamber newsletters. · Two complimentary tickets for the Slmnsorship Recognitiou Luncheon with preferred seating. * Tw6 complimentary tickcts for thc State of tile Counnuuity Luncheon. · Two complimentary tickets For the Installation Dinner as well as key recognition for sponsorship level. · A free set of Chamber Member Mailing Labels CALIFORNIA SPECIAL DISTRICTS ASSOCIATION BOARD ELECTIONS MAIL BALLOT INFORMATION Dear Member: A mail ballot has been enclosed for your district's use in voting to elect a representative to the CSDA Board of Directors, Seat C, for your region. Each of CSDA's six (6) regional divisions has three seats on the Board. Each of the candidates is either a board member or management-level employee of a member district located in your geographic region. Each Regular Member (district) in good standing shall be entitled to vote for one (1) director to represent its region. You may choose to send back the ballot via either certified or first class mail. Please utilize the enclosed envelope to return the completed ballot. All ballots must fist the name of the voting district and be signed and dated in order to be valid. Ballots must be received at the CSDA office at' 1215 K Street, Suite 930, Sacramento, CA 95814 by 5:00pm on Thursday, Sepfember 19, 2002. Please mail in your ballot to: 1215 K Street, Suite 930, Sacramento, CA 95814. Please contact Melissa Sofia toll-free at 877.924.CSDA with any questions. REGION FIVE [] James Acosta Saticoy Sanitary Distdct · [] George Vangel San Gabdel Valley Mosquito & Vector Contrel District Seat C - term [] David ¥oigt Chino Valley Independent Fire District ends 2005 ~ Dirk Voss* /_-.~ East Valley Resource Conservation District * incumbsnt Signature: Date: Member District: :[ am now serving as a trustee for the city of Glendora, on the San Gabriel Valley IVlosquito and Vector Control District. ]: have introduced a policy of making a report to the city council of Glendora twice a month, letting our city know if there is a problem, and how to deal with it. I am running for the seat on the California Special Districts Association Board of Directors, representing Region 5. As a Board member ! can help to strengthen the special governance finance, risk management, workers compensation, legislative advocacy, joint power authority. T want to set up a direct line of communication between your representative of the California Special District and the people in the fifth region; it's what you do that counts, not what you say. Sometimes a new person can see things clearer--it's called a "fresh look." My experience servicing on the legislative committees in city government has given me the will and experience to try new and other challenges. The next step is a willingness to service the people of California. Ny work experience has been: Graduated high school, also citrus college Serviced four years in the Navy, and was given honorable discharge Worked for Pacific Telephone 40 years and retired in 1993 Worked on Finance Committee, Executive Board for 5000 members After retiring, ! have had many opportunities to work intimately with city government groups like Iow-income housing committees. Above all, the state needs a clean, healthy and safe environment. What's so special about the special district anyway? Focused: Because special districts only serve in specifically defined areas. Service: Because special districts deliver public programs and public facilities that heir constituents want. Democracy works best when people care and are informed about the governments that are created to service them. George Vangel August 9, 2002 Dear Fellow CSDA Member: Once again it is time for the election of your representative to the California Special Districts Association Board of Directors. As one of three current board members representing your distdct which sits within Region Five, I am asking for your districts vote to be re-elected to the Board of Directors for another three year term. Election ballots were to be mailed to the districts this week. Three years ago atthe CSDA annual conference in San Diego, I was successfully elected to the Board of Directors with over 60% of the total vote from Region Five districts. My message then was enhanced local control through the development of more local associations, better outreach to CSDA members, increase educational opportunities for board members and distdct staff members, improve legislative outreach, and given my broad ranged back_ground and experience, demonstrating my capabilities as someone who has a greater understanding of the vadous types of services provided by special districts. My re-election message today is the same, but this time it's not to start-up these programs, it's to assure now that these programs are fully in place and in operation to guarantee the CSDA members the services they're requesting after being surveyed and promised by the association. My goal is for CSDA to become more representative of its membership and not solely stationed out of Sacramento, but instead satellite offices throughout the state similar to how other large governing associations represent its membership. The very issues I proposed when elected three years ago are the very issues today that are being developed and implemented as the outline for the road to the future of CSDA. We are beginning to see the education foundation grow and come to fruition, we have greatly enhanced our legislative/legal activism both in outreach and lobbying efforts, offering more educational programs and are developing more CSDA affiliated county special district associations. The strength of the local level is prudent for CSDA and all special districts to be successful. For example, in San Bernardino County a special districts representative is the chairman of the LAFCO board. It wasn't too long ago when special districts weren't even allowed to sit on LAFCO boards, a CSDA supported bill made that happen! The diversity and size of our region makes it unique and one of which is challenging to represent. Nevertheless, I have enjoyed it immensely and am capable of continuing to represent it well, both personally and professionally. I ask for your agency's board of directors vote of support and if re-elected I look forward to serving you in the next term. Thank you in advance and if you should have any questions, I may be reached at (909) 730-2773. Respectfully, Dirk Voss President, Board of Directors, East Valley Resource District and California Special Districts Association, Region Five Board Member Re-Elect Dirk Voss California Special Districts Association 5oard of Directors, Region-5 Professional * Community Preservation Coordinator, City of Palm Springs * Law Enforcement Officer(ret.), City of Long Beach EdHcation * California Fire Service Training & Education System * Golden West College * Long Beach Police Academy CHrrent Memberships * Board of Directors, Region 5, California Special Districts Association(statewide organization) * l~oard of Directors(Vice-President). Association of San Bernardino County Special Districts Serve on Website, Budget and By-Laws Committees * Board of Directors(President), East Valley Resource Conservation District Rep. on Administrative/Employee Relations, Local Affairs, Nature Learning Center and Transition Committee * Field Development Coordinator(Past President), Yucaipa Valley Youth Soccer Organization · Board of Directors(President), Yucaipa Valley Athletic Foundation · Craften Hills Open Space Conservancy Career Highlights & Past Memberships * City of Yucai?a 1999 "Citizen of the Year" * Park & Recreation Commission(vice-chair), City of Yucaipa Rep. on Recreation Recruitment Committee · Community Budget Committee, Yucaipa-Calimesa School District · Elected School Board Member, Huntington Beach Union High School District * California & Orange County School Board Associations · N.O.O.S., No On Drugs in Schools, Executive Board, Ocean View School Oistrict · Finance Board, City of Huntington Beach · Budget Review Task Force, City of Huntington Beach * City of Long Beach Auditors Budget Committee · City of Long Beach Police Chiefs Employee Advisory Comittee 'Dirk Voss Board Memorandum No. 2001-01 Date: August 27, 2002 Subject: Procedure for transfer of unclaimed funds (stale dated checks) into the District general fund Recommendation: Authorize the Treasurer to perform procedures prescribed in the Government Code and Code of Civil Procedure for the purpose of unencumbering stale dated checks and keeping the related funds from escheat[rig to the State. Background: In a relatively short period of time (3-4 years), the District's checking account accumulates a long list of old, outstanding checks. Ali of these old checks make the reconciliation of the checking account unnecessarily cumbersome. Staff has been aware that these checks could not simply be written off, but did not know the appropriate statutory procedure for removing them from the District's accounting recor~'s. As a temporary solution, staff began removing stale checks from the bank reconciliation and moving them into a liability account. This has kept the bank reconciliation manageable, but the liability account continues to grow. As of June 30, 2002 the balance in this account was $55,877. To find a more permanent solution, staff requested that the District legal counsel research the question of what can be done to write off old outstanding checks and to unencumber the related funds. Legal counsel responded with a letter citing Government Code sections 50050-50053 and Code of Civil Procedures section 1502(a)(2). The procedure described in these code sections applies to unclaimed funds that are at least 3 years old. The procedure involves publishing a notice about the unclaimed funds once a week for two consecutive weeks in a paper of general circulation. Any claims that are submitted as a result of the notice will be investigated and approved or rejected by the Treasurer. A letter from legal counsel with the suggested wording for the public notices is attached. Any funds remaining unclaimed may be transferred to the District general fund. After further investigation, legal counsel sent staff a copy of Government Code section 50055. This section states that unclaimed funds of $15 or less, and that have been held by the District for more than one year, do not need to be publicly noticed but may be transferred into the District's general fund by simple action of the Board. Staff recommends that the board of directors authorize the Treasurer to write off all stale dated checks that are more than one year old and are iess than $15 (attached Schedule B). Staff also requests authorization to publish a notice regarding all stale dated checks that are more than $15 and three years old (attached Schedule A) in the Sun newspaper for the purpose of satisfying the requirements of the Government Code. Fiscal, Impact Up to $52,847 could be conve~ed from a liability to Unrestricted Net Assets ._.~.....=._-.. BRUNICK, ALVAREZ & BATTERSBY September 21, i99@ CONFIDENTIAL ATTOR/FEY- CLIENT PRIVILEGED TO: Alberta M. Hess, Auditor/Controller ~_2%ST V~LEY WATER DISTRICT FROM: BRUNICK, ALVAREZ & BATTERSBY Steven M. Kennedy RE: Unclaimed Property Pursuant to your request regarding the above-referenced matter, please cause the following notice to be published once a week for two successive weeks in a newspaper of general circulation that is published within the District: "Pursuant to Sections 50050-50053 of the Government Code, notice is hereby given that East Valley Water District ("EVWD") is holding $ (amount} of unclaimed funds in its "stale-dated checks" account. It is proposed that said funds become the property of EV-WD on (a date not less than 45 davs, nor more than 60 days, after the first publication of the notice) unless an interested party files a claim with EVWD's treasurer for all or a portion thereof prior to said date. A_ny such claim must include the claimant's name, address, amount of claim, the grounds upon which the claim is founded, and any other information that may be required by EIrWD's treasurer. Thereafter, EVWD's treasurer will then either accept the claim if in compliance with the above requirements and the ~roof submitted therewith is deemed to be satisfactory, or reject the claim, and thereafter shall give.notice thereof to the claimant. All funds for which a timely and proper claim has not been filed, and all funds for which a claim has been rejected by EVWD's treasurer but which is not followed by the filing and service of a summons and complaint thereon within the time and in the manner required by G~vernment Code Section 50052, may be transferred to E'v~4D's general fund upon authorization of E'v-WD's Board of Directors." If you have any questions, please feel free to contact me at your earliest convenience. ~.~ EAST VALLEY WATER DISTRICT ~ Schedule A Stale Dated Checks > $15 More Than 3 Years Old CHECK CHECK # DATE AMOUNT NAME ACCOUNT # 133232 06/21/89 50.00 KAU RA, VINOT 133345 06/26/89 25,00 ANDERSON, FRANK 102-0302-10 133772 07/31/89 25.00 APPELHANS, LAWERENCE 134089 103.74 BRITTANY CROSS ASSOC 134288 08/31/89 25.00 KRAUSE, LINDA 101-0049-19 134460 09/15/89 31.01 NASIB, ATIQ 134513 03/15/90 95.00 MC GLADREY & PULLEN 134568 17.02 DRAY, LOUIS 134650 10/02/89 16.09 REALTY WORLD 134694 36,50 MANJARREZ, DOREENA 134714 41.06 ANDRAWlS, WADIE 134909 10/25/69 25.00 BENERAKIS, JOSEPH 102-0232-15 134919 10/25/89 27.32 MORENO, ALFONSO 134922 38.30 KAURA, VlNOT 135030 10/30/89 20.14 HELO, FAUD 135092 33.18 MANGO, JUAN 136080 11115/89 32.02 CARTER, GEORGE 136516 12/20/89 25.00 KHOURY, NABIH 136526 12/20/89 24.06 HERNANDEZ, ALICIA 136614 01/02/90 17,98 VANNGO, TAM 136794 01/15/90 30,70 ARANDA, PHYLLIS 137005 01/31/90 15.70 NICHOLAS, RAYMOND 137135 02/15/90 31.26 WOODVIEW DEVELOPMENT 137441 03114/90 19.17 LIMAS, MARK 137575 24.73 GIST, ROBERT 137612 80.97 PALM-EAT 0' CAF~ 137851 04/11/90 42.34 JONES, A J 138078 29.24 GONZALES, MARYLOU 138429 05~23~90 25.00 CARR, CALOZO 138897 06/27190 25.00 WOODVIEW DEVELOPMENT 138901 06127190 25,00 WOODVIEW DEVELOPMENT 139786 08129/90 24,46 FREDRICKS, ROBERTA 140072 09120/90 21.32 WlLLIFORD, LARRY 140224 10/03/90 25.00 ROTH, ELLEN 101-0421-17 140246 10/03/90 25.00 HAMILL, BRIAN 913-0010-38 140551 20.00 DYE, LYONELL 140712 51,93 GAGE, ANITA 141094 12/05/90 38.84 BEATY, TRACI 141102 12/05/90 25.90 ClMINO, RAY 141105 12/05/90 18.16 GARCIA, MARIA 141142 2/4/98 20.28 CRYSTAL WILLIAMSON 02301901 141154 2/11/98 34.85 JEANNE BLACKMAN 13401501 141241 12/12/90 2,888.21 TERRACE VILLAGE APTS 141251 12/12/90 18.38 LESUGA, MANUAL 141487 3/4/98 58.94 SCOTT SMITH 02102073 141579 01/09/91 23,09 ACOSTA, ISMABEL 141580 01/09/91 35,00 PENCE, CINDY 141704 01/16/91 25,00 FERGUSON, ROBERT 141712 01/16/91 25,00 GUERRERO, ROSA 043-0016-35 142038 02/20191 75.00 ALDERFER, AJ 091-0189-37 142065 02/20/91 50.00 J K FINANCIAL 142142 02/27/91 25.00 SWISS CONSTRUCTION 142332 03/13/91 20.00 NELSON, JAMES Page 1 ~,v EAST VALLEY WATER DISTRICT~ Schedule A Stale Dated Checks > More Than 3 Years Old CHECK CHECK # DATE AMOUNT NAME ACCOUNT # 142549 03/27/91 32.43 MELARA, LUCELY 142561 03/27/91 25.00 COTA, MARCO 101-0369-11 142566 03/27/91 23.55 ARAGON, RICHARD 142813 04/19/91 42.50 DMV 142922 04/24/91 39.46 YI, SOON JA 143129 05/15/91 50.00 GABINO BECERRA 143314 05/22/91 49.35 UNGER, PAUL E 143349 05/22/91 17.64 JENNIE LUCERO 143675 06/19/91 17.05 GAYLE AGUILERA · 144183 08/07/91 30.00 144622 09/10/91 50.00 144791 09/25/91 20.30 DEANNA WASTHOVEN 053-0197-74 145134 10/23/91 · 50.85 DUANE DOHRMAN 009-0083-43 145270 11/06/91 69.22 LORELEI SCHINDLER 016-0185-33 145342 11/13/91 19.81 OSCAR GONZALES 90400560-74 145581 12/11/91 429.90 145992 01/15/92 15.70 KAREN CURRAN 028-0140-41 146310 02/11/92 45,25 GAMALIEL GARClA 055-0197-67 146311 02/11/92 26.60 ACCQUINETA WILLIAMS 057-0033-45 146318 02/11/92 19.09 ANN E'[q'E FRETTER 903-2757-41 146374 02/19/92 496.66 JANE KO 038-0221-33 146383 02/19/92 21.05 GUADALUPE AGUILAR 091-0210-22 146543 03/04/92 47.14 JAMES HOOKER 039-0049-24 146544 03/04/92 18.40 RHETT SPOONHOWARD 055-0102-43 146637 03/11/92 30.20 DOREEN L MONTEJANO 901-0053-48 146709 03/18/92 63.68 RON KEMPER 039-0116-14 146984 04/15/92 77.00 147132 04/30/92 58.36 147172 04/30/92 32,98 NANCY CARDO~A 160-0189-39 147280 05106/92 68.96 ROCA APARTMENTS 038-0251-36 147451 65/20/92 25.00 147975 07/08/92 108.03 ' DESERT SERVICE 056-0045-00 147987 07/08/92 269.70 DESERT SERVICE 056-0045-00 148090 07115/92 25.38 BYRAN M MOYER 148222 07/29/92 26.90 GUY ESTRADA 053-0260-43 148385 08112/92 22.93 STACEY lB RANSOM 148398 08112/92 33,19 ROBERT KNIGHT 148408 08/12/92 26,00 WALTER GRAY 148460 08/19/92 20.67 PAMELS DWYER 004-0072-25 148990 10/07/92 25.59 ALVINS APPLIANCE CENTER 905-0819-31 149067 10/15/92 22,19 ELIZABETH WOODS 909-0026-36 149140 10/21/92 91.50 ROLAND CUDDY 200-0086-21 149345 11/10/92 42.45 ISSA KHALIL 056-0098-30 149402 11/18/92 99,64 OSTARR REAL ESTATE 039-0096-34 149526 12/02/92 18,40 ROBERT WILLIS 149693 12/23/92 41.20 CARLENE M BUTLER 007-0155-63 149695 12/23/92 50,00 NORMAN WILLIAMS 103-0185-37 149817 01/07/93 47.99 LUIS MONROY 059-0174-26 149909 01/20/93 24,30 RICHARD KIRK 150014 01127/93 68,34 RICHARD ONORATO 039-0031-32 150019 01/27/93 25,00 WILLIAM GOINS 101-0058-33 150837 03/24/93 17,89 BRIAN FEAR 055-0257-38 150940 03/31/93 16.33 CATHY BEARD 103-0393-35 Page 2 v EAST VALLEY WATER DISTRICT ~ Schedule A Stale Dated Checks · More Than 3 Years Old CHECK CHECK # DATE AMOUNT NAME ACCOUNT # 150943 03/31/93 33.45 ABRAHIM FAKHOURY 902-0307-25 151035 04/07/93 34.54 VICTORIA RICE 090-0059-19 151173 04/21/93 18.76 B A PROPERTIES INC 103-0753-21 151174 04/21/93 22.50 POTOMAC WEST ASSOC LTD 151450 05/19/93 27.41 TARA FERGUSON 151695 06/10/93 70.23 TOMAS ARMENDARIZ 039-0138-26 151793 06/16/93 45.63 HEP, L[NDA ORDONES 055.0194-83 151859 06122193 73.28 BENJAMIN TANUYAN 039-0164-49 152028 07/07/93 100.00 MARIE HIDALGO 043-0073-27 152658 09/01/93 35.00 RYUICHI MIMURA 090-0045-99 152927 09/29/93 20.90 SANDRA ROBILLARD 069-0097-77 153024 10/06/93 16.22 ANTWAN BUTLER 058-0130-38 153053 10/13/93 60.00 CELLULAR PLUS 153110 10/13/93 45.10 MARIA CASTRO 091-O192-24 153446 11/10/93 42.70 RICARDO BR[ONES 081-0089-48 153833 12/15/93 48.33 DENISE GOMEZ 154012 12/29/93 22.88 PAMELA K CANNONE 913-0602-65 154091 01/06/94 60.11 LEO G FULLER 914-0009-30 154180 01/12/94 47.01 TOMMY P BOLGER JR 049-0251-25 154398 01/26/94 25.70 STAN WEBER 252-0078-28 154461 02/02/94 35.25 TRAI M CHAU 904-2838-68 154548 02/09/94 28.60 PAULINE HARDING 079-0200-20 154622 02/16/02 38.90 BERNARD HAMILTON 059-0097-12 154631 02/16/94 50.00 ERNESTINE APOE)OCA 908-1425-57 154758 03/01/94 50.00 LU[S E VIDAUP, RE 069-0132-25 154864 03/09/94 33.80 STENER ANDEP, SON 028-0119-30 155007 03123/94 20.00 CHARLES F WHITE 089-0003-01 155138 03130/94 51.72 JAMES M DAKAN 907-0218-10 155143 03/30/94 24.13 JOSE PAUL SAUCEDO 916-1815-63 155396 04/20/94 40.33 CATHRINE PACHIS 159-0161-87 155773 05/18/94 16.20 PAMELA M TERRAL 059-0131-89 155977 06/08/94 100.00 DAVID T LABBE 058-0027-34 156272 06/29/94 42.16 JOSEPH D DOMINGO 907-0028-36 156452 07/13/94 676.68 JOHN D STEVENS 056-0164-13 156475 07/13/94 46.40 JACK BONAFEDE 118-0114-85 156534 07120/94 64.84 JUANITA BROWNE 103-1363-21 156700 08/03/94 22.07 WILLIAM DUNN 910-1302-10 156859 08/17/94 75.00 LANCE A VALDEZ 156941 08/24/94 36.80 GARY W MURPHY 005-0038-43 157184 09/14/94 58.60 BARRY O BRANCH 005-0174-05 157189 09/14/94 36.80 ROSENDO PADILLA 058-0130-53 157192 09/14/94 50.80 MAT H COLVIWLLE 157428 01/11/95 71.19 NELLIE E AGUILA 043-0132-0 157436 10/05/94 32.60 MICHAEL D MC DONALD 049-0306-04 157571 10/19/94 59.57 DIANE OWEN 042-0239-0 157646 11/02/94 21.13 M L BUTLER 053-0216-2 157690 11/02/94 37.23 JACK MEADOWS 082-0251-4 157735 11/09/94 24.00 DOWNEY SAVINGS 157976 11/30/94 50.87 MICHAEL A ALVAREZ 001-0200-2 158276 12/28/94 17.90 FREDDIE J GARCIA 114-0204-1 158301 12/28/94 23.07 KiMBERLY LE VOUNG 082-0099-1 158357 01/05/95 48.18 GEORGE ARIAS 008-1368-0 158375 01/05/95 22.83 DUANE FRENCH 008-1832-1 Page 3 ~ EAST VALLEY WATER DISTRICT ~ Schedule A Stale Dated Checks > $1 5 More Than 3 Years Old CHECK CHECK# DATE AMOUNT NAME ACCOUNT # 158412 01/05/95 47.91 IRIS L SHIDLER 043-0049-2 158425 01/05/95 638.90 WINDROW EARTH 3'PANS 032`0553`0 158436 01/11/95 27.56 8ILL J BARNICLE 082-0284-0 158483 01/11/95 32.62 JOCELYN TURNER 140`0297-5 158526 01/18/95 110.20 PARC MT VIEW APTS 092-0227`0 158722 02/08/95 73.69 ANTHONY CAUDILLO 064-0043-0 158737 02/08/95 16.64 OLGA GABALDON 036-1019-0 158753 02/08/95 99.07 GARVER LIGHT 053-0251-0 158857 02/22/95 29.65 CYNTHIA M GARCIA 043-0143-1 158866 02/22/95 58.23 FRANCISCO HURTADO 103-0026-1 158945 03/01/95 33.37 LUIS CAMBEROS 094-0248-1 158950 03/01/95 70.33 GLORIA DELA CRUZ IO5-0030-2 158993 03/01/95 39.27 RODNEY SERONIO 091-0045-2 159024 03/09/95 45.27 EDWARD HAUN BUI 104-0162-0 159111 03/15/95 39.87 EUGENIA A BLAKEY 112-0057-2 159127 03/15/95 98.46 ELIZABETH GUERREPA 036-1008-2 159172 03/22/95 23.20 JONAS ACAPULCO 116-0003-0 159223 03/22/95 19.00 BILLY LOPEZ 122-1395-1 159285 03/29/95 39.60 RUTHIE JOHNSON 062-0156-1 159342 04/05/95 101.88 COTTAGE DEVELOPMENT 164-0824`0/164`0846`0 159586 04/26/95 1,567.23 COTTAGE DEVELOPMENT 032-0058-0/164-0824-0 164-0825-0/164.0840-0 164`0847-2 159599 04/26/95 49.32 DIANN S FLEETWOOD 052-0025-1 159607 04/26/95 27.08 JANE GILLMORE 105-1968`0 159629 04/26/95 173.08 TERRY MARSTON 042-0113-1 159664 04/26/95 26.05 JOHNNY SMITH 025-1885-0 159682 04/26/95 22.58 YYOUNT 064-0140-0 159707 05/03/95 119.01 CO'i-FAGE DEVELOPMENT 164-0827-0/164`0851-0 159715 05/03/95 22.17 DEViN R GARNETT 043-0069-2 159796 05/10/95 36.06 SHELLY DE ROSIE 116-0130-1 159816 05/10/95 138.66 HELEN M KONIECZKA 026-1887-0 159860 05/10/95 80.05 JOHN O WEiS 135-0112-0 159880 05/17/95 78.72 ARLENE BUNCH 140-0097-1 159931 05/17/95 37.76 THOMAS SAMPO O71-0011-0 160002 05/24/95 31.78 DONNA PERRY 014-0138-3 160034 05/31/95 23.39 COTTAGE DEVELOPMENT 164-0827-0 / 164-0851-0 160046 05/31/95 41.56 CLIFFORD HAYWOOD 111-0275-0 160126 06/07/95 5,839.61 ITT FEDERAL BANK 034`0158-1 160167 06/14/95 75.00 THOMAS W BURKE JR 004-0093-5 160184 06/14/95 53.42 GREAT WESTERN BANK 114-0141-2 160384 06/28195 33.70 MARLO A VELASQUEZ 136-0026-2 160408 07/06/95 65.84 RALPH FLORES 024-0060-0 160410 07/06/95 45.00 GARDNER CONSTRUCTION 083`0260-0 160586 07/19/95 21.94 FRANKLIN PETERS JR 036-2768-0 160809 08/09/95 76.07 LUIS A NIEVES 094`0052-0 160941 08/23/95 66.33 JONAS ACAPULCO 116`0003-1 161049 08/30/95 19.13 SYLVIA MC NEAL 140-0097-2 161097 09/06/95 28.02 DAVID EADY 125-0210-1 161106 09106/95 45.17 LINDAL HUNT 043-0037-1 161142 09/06/95 30.76 MARILYN TRUJILLO 007-0181-2 161173 09/13/95 24.86 ' MARYFOWLER 008-1546-1 161447 10/05/95 18.35 GARY L STRAIT 113-0218-2 Page 4 ~ EAST VALLEY WATER DISTRICT ~ Schedule A Stale Dated Checks > $15 More Than 3 Years Old CHECK CHECK # DATE AMOUNT NAME ACCOUNT # 161568 10118/95 48.48 JOHN GILBREATH 064-0178-1 161587 10/18/95 15.85 JANET NICKERSON 082-0263-3 161644 10/25/95 294.71 STEVEN LAYTON, RECEIVER 044-O146-1 1044-0147-1 161808 11/08/95 37.26 LARRY L STRONGMAN t04-0111-0 161862 11/14/95 150.25 JULIO G ROJANO 072-0082-2 161895 11/21/95 39.06 BENEFICIAL MANAGEMENT 044-0135-2 161908 11/21/95 18.79 JOHN CRAVENS 008-1546-2 161910 11/21/95 17.91 DERRICK D LIGHTFOOT 002-0160-5 162161 12/13/95 58.75 MARIA F MUJICA 144-0023-1 162185 12/13/95 38.46 DIANE SOLOMAN 065-0200-0 162388 01/09/96 63.57 MICHAEL CROTHERS 162400 01/09/96 214.15 JEOL A GODDARD 044-0268-0 162433 01/09/96 10,120.34 CANDEN PARK HEIGHTS 162662 01/31/96 39.60 CHRISTINA RUIZ 114-0020-0 162788 02/14/96 15.67 MARIA DOMINGUEZ 155-0638-2 162818 02/14/96 35,83 RICH PIERCE 104-0111-1 162924 02/28/96 51,91 CAROL DUNN 034-0013-2 162938 02/28/96 15,60 MICHAEL HALE 008-0855-3 162964 02/28/96 17.23 HECTOR ROMERO 072-0223-0 162996 03/06/96 15.54 KEITH BROOKS 031-0043-1 163051 03/06/96 34.40 RANDALL PROPERTIES 164-0654-0 163124 03/13/96 49.13 PABLO ORTIZ 094-0120-1 163189 03/20/96 18.56 MILDRED GRACE 021-0198-3 163274 03/27/96 18.55 TERESA GONZALES 061-0095-2 163395 04/03/96 54.59 VALERIE J PETERSON 084-0819-2 163416 04/03/96 7.307.80 JOSEPH TABELLO 083-0118-1 163420 04/03/96 15,04 THOMAS WAHRER 105-0017-0 163459 04/10/97 58.26 GD ASSOCIATES 136-0975-1 163466 04/IO/96 23.36 AMJAD HUSSAIN 017-0132-9 163587 04/17/96 116,46 KEITH THOMPSON 063-0248-2 163607 04/24/96 29.10 ROBERT J AYOT-I'E III 163761 05/01/96 19,57 SHON GILLIAM 071-0157-3 163793 05/08/96 144.11 CHRIS HENDERSON 062-0069-1 163832 05/08/96 173.69 ALFREDO SANTOS 062-0188-2 163840 05/08/96 42.83 RHONDA STRAIN 053-0161-0 164012 05/29/96 20.90 BAUDELIO BARRIOS 035-0073~1 164100 06/05/96 43,08 GABRIEL DIAZ 084-1233-I 164133 06/05/96 37.28 CHUNG NGUYEN 0~42-0189-1 164345 06/25/96 23.97 JUAN CARLOS ANDA 157-0117-4 164510 07/I0/96 20.05 BELYNDA CLAUSON 04301485 164538 07/10/96 40.98 THU NGOC NGUYEN 08200361 164548 07/10/96 47.37 JOSEPH ROMO 15407771 164738 07/31/96 20.98 BELYNDA CLAUSON 04301485 164784 07/31/96 53.61 TODD ZUCCOLO'FI'O 164815 08/07/96 15.34 LEOPOLDO GU'i-rERREZ 165028 08/29/96 75.00 TERRY COPE 054-2605-5 165033 08/29/96 31,10 AMPARO GALLEGOS 04501631 165147 09/05/96 79.22 KlM D POE 164-0902-1 165315 09/18/96 16.37 CHRIS B TARVIN 156-0930-1 165328 09/18/96 24.11 CARL ZEISE 12205362 165379 09/25/96 18.23 JOSE L PARTIDA 08102451 165570' 10/09/96 206.13 US DEPT OF HOUSING 062-0092-2 165573 I0/09/96 422.86 US DEPT OF HOUSING Page 5 ~ EAST VALLEY WATER DISTRICTV Schedule A Stale Dated Checks > $15 More Than 3 Years Old CHECK CHECK # DATE AMOUNT NAME ACCOUNT # 165714 10/23/96 15.85 JOHN S READ 152-0230-3 165749 10/30/96 53.53 TOBY BRYANT 062-0060-1 165755 10/30/96 15.38 THERESA CONBOY 123-0632-1 165765 10/30/96 51.53 BRENDA L FERNANDEZ 01914774 165791 10/30/96 746.83 MOUNTAIN VILLA APTS 042-0078-0 / 042-0077-0 165795 10/30/96 15.78 BERNIE PAZ 03600530 165823 10/30/96 25.85 EMMANUEL YOUNG 14202782 165859 11/06/96 30.04 MARIA MC NULTY 165953 11/13/96 29.00 JERRY MARTINEZ 113-0235-2 166052 11/20/96 30,04 MARIA MC NULTY 166128 12/04/96 20,80 TOBY BRYANT 062-0186-0 166557 01/08/97 23.79 MARY GARCIA 00201495 166659 01115/97 28.93 BIANCA RALSTON 12109503 166766 1/29/97 261,26 TOBY BRYANT 06201130 166857 02/05197 45.21 MARTIN GUTiERREZ 11400931 166880 02~05~97 45.10 BIANCA RALSTON 12109503 166941 02/12/97 41.77 CLAY HERBERT 12115191 167032 2120197 42.51 ROBERT EDWARDS 13100182 167125 02~26~97 57,66 JOHNNIE LYON 08201325 167285 3/12/97 91.72 TOBY BRYANT 06202171 167369 3/12/97 61.18 JOHN WARREN 11302930 167556 04/02/97 61.73 TOMAS GARCtA 11102122 167664 04~09~97 25.97 JQYCE HOLDERMAN 10201082 167698 04109/97 26.81 KRISTINE A TRZCiNSKI 14002126 167794 4116197 41.53 US ARMY CORPS OF ENGINEERS 05101948 167849 04/23/97 19,45 BENJAMIN J NICHOLSON 07301151 167873 04/23/97 51.72 RENAIE L STRANGER 01501212 167895 04/29/97 25.03 JAMES BYRNES 13600090 167971 4/29/97 292.96 ROBERT WARREN RECEIVER 05102331 168049 05/07/97 130.27 SHERRY L YARGEE 06201925 168258 05/28/97 43.00 WILLIAM A SAGEN 09300650 168289 6/4/97 23.96 CHARLES ARMSTRONG 06100180 168334 6/4/97 40.40 JOHN LUNDBERG 06301672 168380 6/10/97 25.99 CARLA BOOTH 06201055 168391 O6/10/97 28.18 RAFAEL T CORDOVA 05200452 168436 O6/10/97 47.82 ROBERTO PADILLA 03600101 168477 06/18/97 59.00 DLC 08301990 168696 07108/97 20,50 SALE HENDRICKSEN 00102373 168859 07/23/97 35.31 RICHARD A BURNS 11103024 168868 7/23/97 34.45 JUAN DUARTE 10102141 169044 8/4/97 50.65 JUU NGUYEN 15506403 169186 8/20/97 48.30 LISA FABIAN 07400433 169187 8/20/97 35.90 FORECAST GROUP 16234400 169236 08/20/97 52.84 CARLOS TEJEDA 05200052 169271 08/27/97 32.63 MANUEL GONZALEZ 11402062 169285 8/27/97 56.96 MARBELLA LOPEZ 10200911 169314 08/27/97 20.00 DAVID L WOODS 10200660 169339 09/03/97 15.89 BENEDICTO J GUZMAN 11200351 169462 9/10/97 20.69 BEVERLY SLEDGE 05425894 169470 9/10/97 36.48 LEIN VO 02510644 169564 9~24~97 50,71 JASON L DIDONATO 00813662 169584 9/24/97 37.35 HOMESIDE LENDING 11200547 169661 10/1/97 42.70 KRISTA R MILLIGAN 13201063 Page 6 v EAST VALLEY WATER DISTRICT ~ Schedule A Stale Dated Checks > $15 More Than 3 Years Old CHECK CHECK # DATE AMOUNT NAME ACCOUNT # 169767 10108/97 50.95 CATALINA PEREZ 11200481 169873 10/15/97 23.95 LAURA WALKER 13600156 169915 10/22/97 24.30 JODIA HUBBS 10100142 169967 10/30/97 30.00 MICHAEL A BOTTS 13600141 170011 10/30/97 32.42 DERICK PUGH 14001134 170022 10/30/97 50,98 STERLING CINEMAS 04304001 170040 11/05/97 37.86 MICHAEL A BO'I-~S 13600141 170063 11/05/97 89.67 JODIA HUBBS 10100142 170192 11/19/97 60.84 JULIETA L ALVARADO 04400173 170261 11119/97 17.21 POY YEN 02510645 170299 11/25/97 56.93 JESUS S MARTINEZ 07201431 170337 12/03/97 30.00 BELL INDUSTRIES 07300450 170508 12/17197 43.94 AURORA U COTA 00400261 170523 1 2/17/97 69.98 MANUEL GRANILLO 08406241 170564 12/17/97 68.07 CENOBIO ROJAS 08415803 170637 12/30/97 49.07 MICHAEL BALMAN 03400334 170661 12/30/97 29.92 CINDY K HERREN 13201670 170676 12/30/97 37.33 DEIM NGUYEN 15506404 170704 1/7/98 19.27 PEDRO ARROYO 09402693 170739 1/7/98 18.69 LANG KlM 11401731 170742 1/7/98 17.07 JESUS A LOPEZ 02504611 170758 117198 18.89 ROBERT L PARRISH JR 15605966 170869 1/14/98 69.46 OSCAR A SANDOVAL 06200651 170883 1/14/98 18.41 LINDA M WISER 15429892 171026 1/28/98 58.47 TRAK AUTO WEST 04301603 171044 02/04/98 40.22 MARIA E BRENES 036-0080-3 171117 02/04/98 34.40 MICHELLE ROBINSON 093-0150-2 171143 02/04/98 37.29 LINDA M WISER 154-2989-2 171190 02/11/98 33.14 KENT HUSSET 111-0023-2 171257 2/18/98 28.38 MIKUNG CHOI 12306841 171324 2/25/98 23.32 BA PROP 06503032 171381 02/25/98 29.77 JOSE L SANCHEZ 116-0748-0 171387 2/25/98 25.34 ROY STEVENSON 09200923 171474 03/04/g8 98,31 JUAN ROJAS 073-0224-4 171513 03/11/98 62.53 RAUL CARDENAS 007-(3059-1 171555 3/11/98 22.55 FRANCISCA MATA 09401172 171685 03/17/98 32.54 EILEEN SULLIVAN 043-0035-4 171768 4/1/98 97.38 JOSIE W CLARENCE 11400640 171889 4/8/98 42.58 SALVADOR GUILLEN 05101571 172060 04/22/98 26.70 BENEFICIAL MANAGEMENT 063-0057-1 172068 4/22/98 114.50 DEPT OF VETERAN AFFAIRS 02400072 172135 04/29/98 75,00 CHINA PALACE RESTAURANT 062-0253-1 172143 04/29/98 16.40 STEVE EARL 154-0054-0 172223 5/6/98 32.84 DAVID FIELDS 06200381 172262 5/6/98 29.10 DALE REHFELD 12100871 172280 5/6/98 38.19 WESTCO REALTORS 15100601 172335 5/13/98 33.11 TiSH MALOY 09117942 172458 5/20/98 25,10 WESTCO REALTORS 15100601 172652 06/10/98 64.13 ART MILLER 062-0200-3 172705 6/17/98 25.00 ERIC COLEMAN 09401921 172857 06/30/98 38.00 SHEILA R BLIZZARD 023-0219-6 172859 6/30/98 16.82 ALESHIA BURGESS 05426041 172933 6/30/98 26,22 DINA MORENO 01702504 Page 7 ~ EAST VALLEY WATER DISTRICT ~ Schedule A Stale Dated Checks > $15 More Than 3 Years Old CHECK CHECK # DATE AMOUNT NAME ACCOUNT # 173561 07/29/98 26.78 SHARON HAM 041-1350-1 173568 07/31/99 36.04 JAY PAUL 042-0100-1 173643 08/05/98 22,48 ARTHUR D JACKSON 043-0049-7 173693 07/31199 26,50 EFRAiN VALENZUELA 104-0197-1 173722 08/12/98 39.51 CYNTHIA GALLEGOS 084-1659-0 173865 08/25/98 33,10 MUSSADDEQ CHOWDHURY 052-0171-1 173937 09/02/98 53.52 JUAN ElLAS 036-1022-2 173994 09/02/98 33.60 AMRICK SINGH 036-0036-2 174004 09~02~98 221.40 TIM L TURNER 062-0197-3 174121 09/16/98 46.13 LANDMARK REO MGT SVS 1686 071-0157-7 174239 09/30/98 28.36 NEMR KHATTAS DAKROUB 116-2123-2 174264 09/30/98 34.21 KlM LANG 155-O009-4 174318 10/07/98 159.80 HUMBERTO CUEVAS 036-1012-4 174518 10/21/98 15.09 MELISSA A RAMIREZ 103-0124-1 174576 10/28/98 108,94 ASHELY A HEAVENSTONE 074-2275-6 174662 11/05/98 27.80 KAUFMAN & BROAD 045-0400-0 174881 11/24/98 22.36 RAMON CARILLO 111-0268-1 174985 12/02/96 34.45 GLENN A HEDQUIST 015-0208-1 175000 12/02/98 40.67 LESLIE LYON-NIXON 140-0243-5 175044 12/09/98 50.19 HUMBERTO BERNAL 101-0138-3 175307 01/06/99 35.63 TANYA GIVENS 036-2450-4 175317 01/06/99 40.90 KURT JOHNSON 123-1336-0 175346 01/06/99 48.37 JOSEPH A ORTIZ 071-0111-3 175363 01/06/99 72.14 NORMA SAMANIEGO 112-0137-6 175371 01/06/99 55.11 ANNE SLAYYEH 143-0032-5 175416 01/13/99 21.44 GLORIA ESTES 045-0011-2 175419 01113/99 29.90 TULUA FATA 092-0001-3 175486 01/13/99 17.12 MARY ANN WUBALDO 112-0165-0 175487 01/13/99 44.05 GREG YOUNG 102-0105-1 175900 02/17/99 66.84 KlM E YOUNG 062-0193-3 175986 03/03/99 49.90 JOSE DIAZ 112-0103-5 176032 03/03/99 41.56 YOMG PYUN 043-0173-0 176153 03/10/99 36.76 JOHN Et TAMPUBOLON 015-0215-1 176203 03/16/99 24.80 MICHAEL LAMPTON 101-0047-1 176394 03/31/99 15.42 ROBERTO RODRIGUEZ CARDENAS 136-0290-2 176445 04/07/99 33.10 DONTALE DIXON O54-1591-2 176547 04/13/99 44,33 JENNIE L LIMBACHER 111-0043-4 176594 04/21/99 92.30 AMERIQUEST MORTGAGE 052-0025-4 176617 04/21/99 63.60 HOME SAVINGS OF AMERICA 073-0142-2 176649 . 04/21/99 89.16 JIM STOVER 084-1783-1 176652 04/21/99 206.17 MICHAEL S TITUS 062-0073-3 176700 04/27/99 20.23 JUAN M MONTES 084-1153-2 176704 04/27/99 30.56 RICHARD OWENS 121-0593-9 176756 05/05/99 35.27 DONALD G BRADLEY 103-0157-1 176759 05/05/99 20.30 VALERIE ElYERS 031-0119-4 176832 05/12/99 19.20 VICKIE ALLEN 156-0956-7 176852 05/12/99 412.12 CHARLES DRAKE 063-0185-3 176863 05/12/99 124.45 OLD KENT MORTGAGE 093-0291-0 176987 05/19/99 21.65 CHRISTOPHER SHIELDS 002-0160-8 177048 05/26/99 32.26 SANDRA A MORO 121-0970-2 177078 05/26/99 15,83 LORE'FrA J WAGNER 051-0048-4 177100 06/02/99 57.85 SIMEON J EDIOR 111-0134-1 177229 06/09/99 19.24 PETE C TREANTAFELLES 071-0070-1 Page 8 ,~v EAST VALLEY WATER DISTRICT~"~' Schedule A Stale Dated Checks > $15 More Than 3 Years Old CHECK CHECK # DATE AMOUNT NAME ACCOUNT # 177247 06/16/99 45.90 BENEFICIAL MGMT 115-0051-3 177298 06/16/99 49.16 SAM M SEGGMANN 045~0311-1 177357 06/23/99 58.34 DANNY LEMANH 036-0064-7 177412 06/30/99 48.00 COX COMMUNICATIONS 135-0225-1 177427 06/30199 47.65 RICHARD GOMEZ 042-0210-0 177447 06/30/99 63.27 MARY MC BRIDE 157-0116-1 50,546.78 Page 9 ~--' EAST VALLEY WATER DISTRICT~' Schedule B Stale Dated Checks < $15 CHECK CHECK # DATE AMOUNT NAME ACCOUNT # 133107 06/12/89 4.52 MCCOY ,RON 133120 06/12/89 6.64 SCH MIDT, JOHN 133557 07/10/89 4.42 N GUYEN, HI 133593 07/19/89 2.65 GUZMAN, EDWARD 133628 07/19/89 1.48 VALENTINE, GENA 133990 08/15/89 5.64 RAY, N[NA 134023 08/15/89 5.34 EGAN, WILLIAM 134035 08/15/89 5.08 MCLAIN, CHARLES 134342 09/13/89 4.42 LANE, CLAVIN 134368 09/13/89 3.58 ELASS ER, EDWARD 134470 09/20/89 11.50 CENTURY 21 SHOWCASE 134542 09/27/89 8.32 REALTY WORLD 134731 14.66 HEYDORFF, JAMES 134735 9.30 PALOMBO, DAYLE 134914 10/25/89 1.62 LE, TH THI 134946 10.32 PINNOCK, CYNTHIA 135089 7.62 CARDENAS, GILBERT 135108 11/08/89 5.01 RAZOR, MICHAEL 136463 12/18/89 4.67 HANNAN, LU 136510 12/20/86 6.46 VANNGO, TAM 136797 14.49 HAMILTON, ViCKI 136825 13.81 TAYLOR, SAMUEL 136940 01/31/90 7.62 ARAPOGLOU, SPIROS 137165 07J15/90 5.01 BURHOP, LEANN 137182 02/15/90 5.91 CLUGSTON, JM 137286 02/28/90 10.38 BURKS, JULIE 137392 03/14/90 11.64 SANCHEZ, RODOLFO 137585 03/28/90 8.46 BENTON, DEBRA 137678 7.20 TAYLOR, KEVIN 138237 05/09/90 4.80 JOHNSON, GEORGE 138245 10.00 PARKER, TONY E 138350 05/16/90 14,70 BUDHAKODOM MED CTR 138435 05/23/90 2.20 AGUILA, PATRICIA 138453 05/23/90 2,59 FARNSWORTH, EDGAR 138717 5.72 MC GOWAN, ALENA 138805 3.38 ARCHULETA, JANETTE 139101 6.75 STOUDT, KENNETH 139118 07/11/90 10,00 PILLATZKE, DAVID 139261 07125/90 4.45 HATHAWAY, DEBORAH 139577 08/15/90 2.08 SMITH, GISELE 140111 09/26/90 11.72 HUGHES, JAY 140325 10/10/90 3.40 PAYNE, ROBERT 140393 10/17/90 2.06 VALDEZ, PILAR 140406 10117/90 1.15 GARClA, LYDIA 140426 10/17/90 2.32 LOPEZ, DALE 140428 10/17/90 2.18 HARRIS, JULINDA 140502 6.88 DE LEON, REBECCA 140525 10/24/90 1.31 BRADFORD, PAUL 140722 11/07/90 11.36 OSBORNE, ROOSEVELT 141438 3/4/98 5.77 YOLANDA HIDALGO 00700664 141524 3/11/98 3.27 JESUS M ESPINOSA 07100634 141605 01/09/91 6.22 ' GARZA, ROBERT C 141781 01/23/91 7.44 BROWN, DEBRA Page 1 ~.' EAST VALLEY WATER DISTRICT ~d' Schedule B Stale Dated Checks < CHECK CHECK # DATE AMOUNT NAME ACCOUNT # 141792 01/23/91 9.05 TRUJILLA, PAZCUALA 142443 03/20/91 2.90 SKEENS. CLINTON 142567 03/27/91 5.78 MOYER, BRYAN 142728 04/10/91 5.76 MC CLAIN. LEE 142802 04/17/91 12.41 DELBERT MILLER 143049 05/08/91 10.00 DALE LAFLER 143308 05/22/91 10.07 MORFIN, PAUL G 143748 06/26/91 2.45 JOSE CARAZO 143914 07/10/91 2,09 VICTOR MUNOZ 039-0142-38 144475 08/28/91 13.54 RICARDO VIRAMONTES 063-0038-00 144549 09/04/91 7.64 CONCEPT[ON TERRAZAS 081-0243-33 144616 09/10/91 5.56 WILLIAM FLORY 004-0003-29 145135 10/23/91 9.85 C JEANNIE WICKER 009-0041-28 145849 01/06/92 11.58 146156 01/29/92 6.87 TUAN A HA 021-0045-28 146393 02/19/92 1.12 TIM HOVER 912-0054-36 146629 03/11/92 4.90 MAR[USZ S PODLESNY 053-0138-27 146714 06/18/92 8.30 LISA HOLBROOK 063-0052-19 146724 03/18/92 10.53 JOSE CASSILLA 905-1237-33 146903 04/02/92 1.64 CONNIE S RAMOS 913-0017-49 147106 04/22/92 6,63 19TH ST APARTMENTS 039-0036-29 147171 04/30/92 1.65 JOHN AUSTIN 007-0086-18 147516 05/27/92 13.06 THOMAS KENT 915-1618-06 147559 06/03/92 4.63 147817 06/24192 3,65 3RD STREET MARKET 091-0082-16 147973 07/08/92 9.42 MICHAEL L EBERHART 147978 07/08/92 10.16 MARGARET F ALLEN 148072 07/15/92 14.82 JOHNNY SZYPUSZ 148156 07/22/92 13.05 MANUEL GARZA 148829 09/23/92 6.29 JIMMIE WILLIAMS 903-0461-34 148992 10/07/92 6.29 LARRY DAUGH ERTY 149172 10/28/92 3.20 JOHN QUI NTEROS O01-0129-13 149266 11/04/92 11,49 KlM JENKINS 055-0001-37 149452 11/24/92 7.47 RAINTREE INN 150614 03/03/93 13.81 GILBERT LUNA 009-0083-68 150717 03/10/93 1.26 LOR[ BEGG 150929 03/31/93 14,40 ROBERT C JOHNSON 151036 04/07/93 8.23 LA TACTIA BROWN 091-0078-72 151334 05/05/93 12.84 GEORGE PULVINO 145-0123-13 151720 06/10/93 5.31 CHUCK WARREN 151866 06/22/93 4,80 ROLAND R PEPITO 152210 07/21/93 1.04 ABRAHAM N NABHAM 152439 08/11/93 7.20 DELLA V CANADO 152529 08/18/93 7,00 TIM G HELPHREY 152582 08/25193 3.70 ANNE M SANCHEZ 152596 05/25/93 7.30 TOM HALL 081-0024-10 153099 10/13/93 1.19 JOSE DE LA RIVA 153341 11103/93 6.91 PAULA R TURNER 063-0140-13 153526 11/17/93 9.50 BRENDA WOOD 089-0190-53 153565 11/24/94 6,62 ROMELIA CASTENEDA 153683 12/01/93 1,60 LOAN THI NGUYE 053-0233-47 153875 12/15/93 8.20 TYRONE MAKELL 007-0155-.89 153876 12/15/93 12,00 LARRY J ANTHONY 009-0080-79 Page 2 ~ EAST VALLEY WATER DISTRICT ~' Schedule B Stale Dated Checks < $15 CHECK CHECK # DATE AMOUNT NAME ACCOUNT # 153936 12/22/93 14.40 RUTH GALLO 055-0029-27 154087 01/06/94 10.54 HE[DI M STEVENS 142-0159-16 154169 01/12/94 11.20 RAYMOND VIDAURRI 004-0097-18 154181 01/12/94 1.85 MELVIN B MERMILUOD 053-0011-11 154553 02/09/94 13.10 MARGARET TUCKER 103-0889-30 154753 03/01/94 4.63 TRACY L HEDDENS 057-0053-65 154757 03/01/94 8.10 JOHNNY ROMERO 063-0178-59 154779 03/01/94 4.23 JAMES CEASER 999-1050-26 155115 03/30/94 10.90 LAM THI TA 155215 04/06/94 1.30 MAR[CELA HERRERA 058-0177-24 155459 04/27/94 13.20 SEARS 035-0232-09 155584 05/05/94 1.58 RONALD J JACKSON 904-2816-15 155832 05/25/94 10.91 HALLMARKJSEELEY ENTERP 155975 06/08/94 6.20 JOAN LA BELLE 155978 06/08/94 4.40 CARLOS SANDOVAL 059-0081-61 156099 06/15/94 1.40 ROBERT HARTMAN 102-0501-19 156234 06/29/94 1.27 RICHARD R MENDIA 002-0033-41 156446 07/13/94 2.60 MARTIN ROSALES 002-0171-10 156450 07/13/94 2.46 KAEWHATAI SAMSEN 053-0041 -t 5 156547 07/20/94 3.80 DARRYL THORNHILL 118-0154-11 156682 08/03/94 12.61 EVELYN M MILLER 077-0024-18 156790 08/10/94 8.20 LU IS CEDENO 081-0117-36 157190 09/14/94 14.40 OSCAR BALLESTEROS 059-0042-75 157222 09/14/94 6.13 PATTY SIMPSON 904-0010-39 157307 09/21/94 2.26 ANNETTE B ANDERSON 910-1408-70 157343 09/28/94 11.00 YACOUB KHOURY 003-0160-29 157351 09/28/94 4.20 LESLIE J LOWEL 157426 10/05/94 8.97 ZARA SPEELMAN 009-0008-11 157446 10/05/94 6.20 CAROL BENTLEY 157618 10/26/94 11.00 GATEWAY TITLE 157644 11/02/94 4.10 PAUL BEALS 063-0260-0 157652 11/02/94 13.80 BRIAN CONRAD 134-0192-0 157677 11102/94 1.96 BEN Q KAPLAN 007-0086-0 157872 11/16/94 6.20 M[CHELLE ROMO 158020 11/30/94 2.19 LAURIE L MILLER 034-0027-2 158026 11/30/94 1.30 ARCEL PEREZ 122-0668-2 158141 12/14/94 8.34 ELISER BARAJAS 158308 12/28/94 4.90 ROBERT MENDOZA 001-0212-0 158952 03/01/95 2.95 DONNIE E BLACKETT 071-0137-1 158964 03/01/95 7.13 WAYNE HUYNH 079-0098-1 159237 03/22/95 1.93 JACKIE L SHACKELFORD 105-0010-2 159426 04/19/95 2.81 ALE JO MORALES 104-0145-0 159442 04/12/95 14.15 MARY ANN LEWIS 083-0200-1 159459 04/12/95 2.84 DOUGLAD ROE 114-0205-3 159541 04/19/95 1.83 BACILIO D RUIZ 103-0072-1 159562 04/26/95 4.58 ROBERT ANDERSON 140-0230-0 159605 04/26/95 3.09 ROGER GARClA 053-0257-0 159716 05/03/95 3.73 LORRIES GAP, ZA 135-0224-0 159721 05/03/95 13.19 L I N DA A HI LL 022-0034-1 159744 05/03/95 6.21 GEORGE R ORTEGA 111-0130-2 159749 05/03/95 7.84 BOBBLE PHILLIPS 008-1363-4 159783 05/10/95 8.33 ELIS ER BARAJAS 154-2503-0 159916 05/17/95 7.06 MC CLELLAN DEV 161-0029-0 Page 3 ~-' EAST VALLEY WATER DISTRICT V Schedule B Stale Dated Checks < $15 ' CHECK CHECK # DATE AMOUNT NAME ACCOUNT # 159929 05/17/95 2.21 NAN CY F RI LEY 101-0221-2 160104 06/07/95 12.32 ROBERT W CARNER 111-0299-1 160183 06/14/95 3.79 LUU HUU HOS 112-0103-2 160207 06/14/95 1.57 RUBEN MARTINES 104-0163-0 160213 06/14/95 6.50 MAUREEN R OLGUIN 035-0135-1 160316 06/28/95 4.40 PAUL ALLEN Ill 093-0245-1 180476 07/12/95 2.70 PEDRO CHAVEZ 104-0132-1 160513 07/12/95 3.39 LESSIE T PHILPOT 111-0072-4 160803 08/09/95 8.32 RANDY K KINGSTON 153-0099-0 160902 08/16/95 6,75 ANGELA C LUNA 083-0220-2 161483 10/11/95 5.53 RENEE M FOSDICK 052-0167-1 161646 10/25/95 2.79 SALVADOR LOPEZ 092-0098-3 161794 11108195 9,44 NADASHA R REED 094-0248-2 161815 11108195 7,69 JOHANN WRIGHT 014-0105-0 162049 12/06/95 9,45 ANNETTE M BROCK 001-0237-2 162160 12/13/95 3.57 TARA MAYNARD 144.0031-2 162532 01/24/96 1.81 ANTHONY BATIE 015-0246-1 162732 02/07/96 13,14 EDWARD PADGETT 061-0042-1 163033 03/06/96 4.70 HCA D LE 114-0170-2 163041 03/06/96 5.14 AMY NEILL 036-0094-5 163074 03/06/96 1.59 JOHNNY YOUNG 083-0200-3 163257 03/27/96 7.24 MAN U EL A BERR[OS 116-1310-0 163477 04/10/96 9,76 KEVIN MADDEN 140-0297-7 163753 05/0t/96 7,01 JOSE TORRES 101-0171-0 163784 05/08196 2.08 KARiA DANIELS 101-0145-2 164021 05/29/96 9.65 GARY DYKES 135-0114-O 164210 06/12/96 3.40 PAURAMES LEPNARK 072-0181-0 164404 07/02/96 3.86 JOSEPH BEN NETT 13202054 164453 07/02/96 10.21 NGOC THI NGUYEN 12310464 164810 08/07196 5.70 MARGARET ETHERIDGE 062-0029-1 164822 08/07/96 9.47 KAUFMAN & BROAD 164978 08/21/96 1.78 GRACE KOONTZ 123-0139-0 164999 08/21/96 6.64 JOHN WILLIAMS 136-0139-1 165034 08/29/96 2.98 KENNETH R GARDNER 09402300 165044 08/29/96 7.74 CASSANDRA HUTCHINGS 14201910 165069 08/29/96 10,91 ROEN ROUS 092-0072-1 165113 09/05/96 2.54 THOUNG V DOUNG 05301741 165236 09/11/96 9.75 RAY WARNER 11200315 165290 09/18~96 5.77 JOHN OLIVAS 142-0105-1 165588 10/16/96 4.92 RUSSELL W B EVERLIN 00200790 165679 10/23/96 3.95 ANGELS CARMOUCHE 014-0190-2 165842 11/06/96 10,08 JOSE GARCIA 101-0077-0 165922 11/13/96 2.44 DIANNA DUBOI8 166015 11/20/96 14.79 VERONICA DURAN 052-0005-1 166108 12/04/96 10.39 MOHAMMAD ABDALLAH 091-0001-2 166117 12/04/96 2.63 BANK OF UNITED TEXAS 15205931 166236 12/04/96 1.02 TRITIA WILLIAMS 09402553 166256 12/11/96 8.95 TRIClA BUNNING 071-0061-1 166369 12/18/96 2.15 MARCO MO NTOYA 073.0088-3 166548 1/8/97 3.00 FRANK CUELLAR 00401000 166613 1/15/97 5.55 ADALBERTO AMEZQUITA 05100281 166771 1/29/97 10.77 MARIA COLE 13606804 166835 2/5/97 8.93 BECKY Y ALVAREZ 09104227 Page 4 '~' EAST VALLEY WATER DISTRIC1~ Schedule B Stale Dated Checks < CHECK CHECK # DATE AMOUN¥ NAME ACCOUNT # 166937 ?_/12/97 8.02 GERARDO GONZALEZ 11402131 166939 2/12/97 12,20 JOSE L GUTIERREZ 12313860 167040 2/20/97 1.48 SHARON GRAY 14301211 167412 3/19/97 3.56 GEORGE R KEACH 08300349 167435 3/19/97 4,84 L[ZA RODRIGUEZ 06101401 167515 03/26/97 9.71 GUILLERMO TIRADO 11302433 167850 4/23/97 10.41 CESAR ORTEGA 09201251 167893 4/29/97 8.77 LINDA BUCKLEY 01401832 167909 4/29/97 7.84 MICHAEL A GARCiA 08101742 167954 4129/97 4.08 LORENZO E RODRIGUEZ 05302350 168168 5/21/97 7.04 JUAN MORENO 11102394 168220 5/28/97 1.67 FLORO FUENTES 02300583 168367 06/04/97 7.88 JEANIE M WOOLRIDGE 09402293 168385 06/10/97 8.22 VICTOR CANALES 07300905 168450 06/10/97 4.35 JEFF STRAIT 06502563 168500 06/18/97 10,36 LYDIA MENDEZ 07301243 168797 7/16/97 3.25 VERONICA A JOHNSON 11616170 168820 7/16/97 9.01 FELIClA REESE 10301232 168841 7/16/97 4.53 CESAR VILCHES 07108891 168845 7/16/97 9.89 BRIDGET N WILEY 13606805 169068 8/4/97 11.89 MARK SKINNER 01919430 169157 08/14/97 11.41 MELIN DA STANTON 07101691 169213 8/20/97 4.11 DIEGO MART[NEZ 00800127 169360 9/3/97 3.35 DINA MORENO 01702503 169389 9/3/97 4,29 DOI VAN TRAN 08200363 169579 9/24/97 6.99 JESUS M HARD 14001133 169652 10/1/97 3.47 MELINDA S LAVAN 01502702 169751 10/8/97 9.12 MARIA LOPEZ 10200643 169959 10/30/97 14.56 B S ACOSTA 05100690 170134 11/12/97 4.37 PAUL C GORE 10401214 170269 11/25/97 4.87 DANA BOUCHARD 11201223 170389 12/3/97 13.90 FRED THOMPSON 02302195 170675 12/30/97 5.81 KENNETH C MILES 01701732 170682 12/30/97 1.28 DARRAN PECK 11101715 170788 1/7/98 7.86 BERNARD WEST 03301332 170790 1/7/98 1.05 JERRY R WRIGHT 07300384 170837 1/14/98 3.02 ROXANNE HORNAL 16300571 171015 1/28/98 13.93 ERNESTINA SANCHEZ 13627654 171155 2/11/98 9.77 J C BOWLES 10400210 171297 02/18/98 10.31 RICHARD DALE SMITH 035-0076-3 171424 03/04/98 10.65 NICHOLAS FERRER 071-0181-1 171664 03/17/98 8.39 CHET STARON 093-0299-1 171788 4/1/98 1.59 ANGELINA HERNANDEZ 04112755 171853 4/1/98 2.84 ESTELA ZAMORA 05200643 171930 04/08/98 13,68 DEBRA K SILER 083-0071-5 172001 4/15/98 10.12 ARNOLD MC REA 00402451 172038 04/15/98 5.94 BRIDGETT L YOUNG 019-1644-3 172156 4/29/98 5.14 LILLIE B HUFF 00800114 172242 05/06/98 4.20 RANDY LUCERO 008-2664-5 172313 05/13/98 4.25 CAROL C FLORES 081-0021-6 172421 05/20/98 1.60 RONALD S LEON 140-0051-3 172516 05/27/98 5.45 RANDY THORNTON 071-0167-5 172559 6/3/98 3.36 SANDRA JOHNSON 00813812 Page 5 ,~, EAST VALLEY WATER DISTRIC'r~ Schedule B Stale Dated Checks < $t5 CHECK CHECK # DATE AMOUNT NAME ACCOUNT # 172665 6/10/98 13.82 VERONICA T RONCON 11400542 172911 6/30/98 4.22 JOSE JIMENEZ 08303241 172917 6/30/98 1.21 GLORIA J KEM 09107521 172921 6/30/98 4.95 WESTON C LAUDER JR 03501001 172936 06/30/98 10.29 PHOUNG NGUYEN 043-0053-3 172953 6/30/98 8.32 JULIA SANCHEZ 00402532 172974 6/30/98 6.84 GINA WADE 12602202 173644 08/05/98 1.69 LAWRENCE JEFFERSON 008-0704-5 173645 08/05/98 3.11 MIKE JOHNSON 052-0263-1 173755 08/12/98 14.71 ABDON REYES 091-1292-3 173835 08/19/98 13.17 ER IKA PARROTT 042-0216-3 173836 08/19/98 4.44 JOANN RAMOS 033-0027-1 173929 09/02/98 14.01 JORGE L ALONSO 102-0056-3 173931 09/02/98 12.37 OSCAR ARELLANO 061-0081-1 173936 09/02/98 4.81 JUAN BEDOY 084-1784-2 174003 09/02/98 9.19 ROBERT TRAHANT 155-2851-1 174026 09/10/98 6.13 PAUL S DE SILVA 072-0120-3 174439 10/14~98 1.39 ENRiQU E SALDIVAR 084-1784-3 174521 10/21/98 9.01 GLORIA ROSAS 084-0004-1 174719 II/10/98 2.93 DAVID L DIMMITT JR 144-0071-6 174919 · 11/24/98 4.23 RICHARD T MILEY 111-0213-1 175072 12/09/98 9.76 ROSA MARTINEZ 161-0122-2 175252 12/22/98 1,44 MARY ROBERTS 112-0065-3 175350 01/06/99 8.99 WILLIAM PARISH 083-0064-7 175401 01/13/99 9.62 DERRICK D BALLAP, D 074-2374-2 175461 01/13/99 1.75 BRiKETr ROBERTS 092-0151-5 175671 02/03/99 13.03 LAWRENCE DEM[TRO 064-0004-2 175680 02/03/99 13.81 PEDRO GARCIA 052-0209-2 175924 02/24/99 9.91 MARIA ELENA GONZALEZ 004-0037-5 175947 02/24/99 2,55 LATONYA A OWENS 001-0173-4 176162 03/10/99 2.81 MICHAEL WAHNON 052-0175-0 176283 03/24/99 5.65 KU NG A KO 084-1104-4 176498 04/07199 10.00 MEHDI SIAMI 124-0161-1 176596 04/21/99 13.05 JACQUELIN BARRIOS 073-0104-4 176757 05/05/99 8.61 GERELENE BRITT 093-0108-3 176935 05/19/99 6.32 F P,,~X! K CAMPOS 045-0220-2 176969 05/19/99 1.38 ALBERT MARVEL 035-0068-1 177267 06/16/99 10.49 JOSE I GUTIERREZ 054-2591-3 177373 06/23/99 4.49 LISA M PHILLIPS 092-0028-6 177391 06/23/99 3.58 EMMA L THOMAS 134-0029-2 177430 06/30/99 2.48 REGINA GREEN 001-0168-1 177660 07/21/9g 2.76 BENEFICIAL MORTGAGE 052-0046-1 177716 07/21/99 2.58 MARK S R[VERA 073-0093-1 177732 07/21/99 2.07 PATRIClA VEGA 156-0898-1 177822 08/04/99 2.91 ROBERTO AGUILAR 154-0259-3 177894 08/04/99 3.35 VILMA VANEGAS 014-0028-2 177939 08/11/99 7.23 MARICELA MENDOZA 101-0208-4 177995 08/18/99 7.00 MARIA GARCIA 154-0783-1 178005 08/18/99 6,17 AARON HUEY 064-0044-5 178030 08/18/99 6.46 GUILLERMINA RUBY 071-0080-3 178347 09/15/99 1.76 VINCINTE L JACKSON 083-0375-2 178374 09/15/99 5.12 DONALD R SEAMAN 052-0135-0 178516 09/29/99 6.69 JOHN W PERKINS 072-0046-3 Page 6 v EASTVALLEY WATER DISTRICT'~ Schedule B Stale Dated Checks < $15 CHECK CHECK # DATE AMOUNT NAME ACCOUNT # 176557' 10/07/99 5.78 HECTOR CALDERON 044-0036-2 178612 10/07/99 9.73 STEVEN SLEYKO 157-0093-0 178859 11/02/99 7.64 KIRBY DOUGLAS 103-0178-1 178862 11/03/99 4.59 WILLAIM EVANS 112-0035-3 178977 11/09/99 2.50 JAVIER PEREZ 094-0019-1 179333 12/15/99 2.99 HOWARD PAYNE 033-0123-5 179385 12/21/99 1.24 B EATRIZ GOMEZ 154-1060-2 179458 12/29/99 14.77 RAM[RO ARCHUNDIA MIRANDA 104-0185-1 179567 01/07/00 1.36 MICHAEL R TAYLOR 132-0118-2 179632 01 /1 2/00 8.37 TO NY PELE 084-1237-4 179833 02/02/00 1.73 JOE LOPEZ 072-0104-1 179887 02/09/00 1.72 GABRI EL GARCtA 017-0109-5 179909 02/09/00 3.31 JANICE M MC COY 042-0165-4 179973 02/15/00 1.83 CHREST GUSSMAN 007-0155"5 179997 02/15/00 9.49 ALEX RIOS 105-0404-5 180078 02/24/00 6.70 LUZ M RODRIGUEZ 004-0229-3 180602 04/1 2/00 1.72 OSCAR APODACA 025-1410-5 180621 04/12/00 12.32 JEFFREY A GOMEZ 052-0222-3 180651 04/12/00 9.53 LAMAYA MORRIS 083-0200-4 180691 04/20/00 3.45 LYNN S ALLEN 001-0021-4 180801 04/26/00 1.53 DANIEL MERON 154-0333-2 180817 04/26/00 6.77 ADIEL H REYES 004-0008-3 180854 05/03/00 1.04 MARTHA DELAHOYA 082-0257-5 180991 05/10/00 2.66 MELVIN SANTIAGO 125-0305-0 181015 05/17/00 12.60 EDITH ABRAMSON 116-0132-0 181041 05/17/00 6.06 LISA HARO 143-0031-4 181062 05/17/00 6.36 DONNA MONK 113-0167-3 181177 06/01/00 4.28 LISA BROWN 081-0201-2 181181 06/01/00 14.81 JOSEPH A CARCANO 033-0056-2 181199 06/01/00 10.64 RICARDO GUTIERREZ 023-0258-4 181238 06/01/00 2.95 STEVE THOMSON 036-2436-1 181269 06/07/00 1.63 ZAN E'I-i'E Z GLOVER 014-0033-1 181363 06/14/00 9.99 SEAN STUBBS 045-0123-1 181777 07/19/00 6.23 LINDA SKIDMORE 045-0155-3 08/29/96 4.93 AMPARO GALLEGOS 0450'I 851 2,300.05 Page 7 Board Memorandum Date: August 27, 2002 From: Brian W, Tompkins / Chief Financial Officer Subject: Unpaid Invoices for Damages to District Facilities Recommendation: Review and, if appropriate, authorize write off of receivables related to District property damaged by motorists. Background: On occasion, District facilities such as fire hydrants are hit by motorists and damaged. The cost to repair the damages usually ranges from $200 to $3.000. District staff tries to recover the costs from the responsible parties by sending them an invoice that has a detail of the costs to perform the repair attached. The collection rate on this type of invoice is poor, especially if the responsible party did not live within the District's service area. The normal procedures to try to collect from the responsible party include: · send out an invoice · send a second notice · have Caldwell and Moreland send a letter. If payment has not been received after all three notices have been sent, staff is left with little other recourse to try to collect. Body liens have been considered, but section 31701.5 of the Water Code, the section by which the District files liens for delinquent utility payments, does not mention circumstances other that late utility payments under which the Distdct may file a lien. Legal counsel has been asked to search for other codes/laws that would allow the District to file liens related to these costs. Small claims action is also an option, but 'cost versus benefit' becomes a factor and staff asks that the board provide guidance for the use of this venue if this option should be considered. Subject to legal counsel's findings and consideration of the above options by the board of directors, staff requests authorization to write off the amounts on the attached list. All are receivables related to damaged District property and all are more than 12 months old. Fiscal Impact: Decrease unrestricted net assets by $11,447; no impact on cash and investments.  %._ %.- %-. ~ RELEASES OF LIEN AUGUST 20, 2002 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0542589-6 103.88 2. 0542589-8 167.29 3. 0940180~8 55.21 4. 10500434 52.36 5. 1360292-1 64.92 TOTAL ~ $ 443.66 +PAID THROUGH TAX ROLLS Page 1 of 1 W~ INFORMATION RESOURCES AND TECHNOLOGY CALIFORNIA STATE UNIVERSITY Water Resources Institute SAN BERNARDINO (909) 880-7681 5500 University Parkway, San Bernardinc, CA 92407-2397 fax: (909) 880- 7682 August 12, 2002 Mr. Robert Martin General Manager East Valley Water District P.O. Box 3427 SanBcrnardino, CA 92413 Dear Bob: On behalf of Cai State, San Bemardino and the Water Resources Institute let me express my gratitude for East Valley Water District's recent gift of $15,000 to the WRI. It is agencies like EVWD, who have made multi-year commitments to the WRI, who have been the foundation of our growth and influence. In fact, your agency's gift means even more to us, as you are the first to increase your giving beyond the original conuuitment. I wiI1 take this as a signal that EVWD is pleased with the work that we are doing, and with your status as a Founding Partner of the WRI. As a Founding Partner, EVWD will receive up to eight complimentary registrations for our annual conference on November 8. In addition, 10% of your annual gift goes to our Ruben Ayala Scholarship fund for students in our water resources programs. Thanks to EVWD and other friends of the WRI, the scholarship fund is growing rapidly, and we should be able to help several students in the next year. Rest assured that your gift will be used wisely and in ways that will help us achieve our mission and our vision. Our recently adopted strategic plan includes a mission statement and vision statement that will help us focus our ongoing efforts to reach out to the community, educate citizens on the importance of water resources, and perform important water resources research. You will soon be receiving more information on our strategic plan, and we will post it on our web site in the near future as well. V The California State University Bakersfield · Channel lslands · Chico · Dcrninguez Hills · Fresno · Fullerton · Haywat~ · Humboldt · Long Beach · Los Angeles · Mari~rne Acaderny Mr. Robert Martin 08/12/02 Page 2 Once again, thank you for your agency's gift. We look forward to continuing our relationship with you. As always, if you would like me give an update on the WRI's activities to your board of directors, please do not hesitate to ask. truly yours, Director Cc President Albert Karnig Vice President William Aguilar The San r~f Commerce: iVisiOn ,~, invitesYou.:tO~a/tend' . ~ - Legislative Breakfast Featuring ~ C0ngressmanJerry ewis ...... FridaY, August 30, 2002 7:30 a.m. Hilton San Bernardino 285 East :HosPitality Lane $ 20- includes breakfast Yes, I will attend the Legislative Breakfast Name Business Name Name Phone Please make reservations - Enclosed is $ Make check payable to: San Bernardino Area Chamber of Commerce P. O~ Box 658 San Bernardino, CA 92402 (909) 885-7515 Quarterly Issues Breakfast "MET'S INLAND EMPIRE ACTIVITIES" Guest Speaker: Ron Gastelum President and CEO Metropolitan Water District Wednesday, September 11, 2002, 7:30 a.m. to 9:00 a.m. Hilton Hotel 285 E. Hospitality Lane, San Bernardino, CA 92408 Co-Hosted By SBV WATER CONSERVATION DISTRICT And TIlE WATER RESOURCES INSTITUTE If you would like to attend, please RSVP by Thursday, September 5, 2002. Complete the registration information below. Clip and mail with check for $15.00 made payable to Water Resources Institute and send to 5500 University Parkway, PL-401, San Bernard'mo, CA 92407. For more information, please call Linda McCullough at (909) 880-7681, Fax (909) 880-7682, or email lmccullo~.csusb.edu Name Address Cit'z. State Zip Phone Fax Email Number of Attendees Amount Enclosed $ [] Check Enclosed 13 Credit Card Payment [3 Visa [] MasterCard Expiration date Card Number Signature Hotel Inforhration A block of rooms has been reserved for ACWA at: Napa Valley Marriott 3425 Solano Avenue Napa, CA 94558 (707) 253-7433 FAX (707) 258-1320 Single/Double Rate: $149 The cut-off date to receive this special rate is September 12. Reservations made after September 12 will be accepted based upon availability. Please identify yourself as an ACWA attendee when making your reservation. Team Discount Bring your colleagues with you and save money on your registration fees: · Organizations registering three or more people at one time for the work- shop, may receive a $20 discount off the total of each registration. All attendees must be from the same organization. · Payment and registration forms for each participant must be received together to receive the discount. · Please make copies of the registration form for each attendee, and check the box on each registration form indicating your participation in the team discount. · Discount does not apply to i-day registrations. ACWA guarantees satisfaction with its' products and events. ACW~'s 2002 Continuing Legal EduCation Workshop This workshop will put you in front of the hottest legal and legislative issues of importance to California water attorneys and walk away with 12 hours of MCLE credit. Thursday. October 3 8-8:30 a.m. Registration, Sign In and Continental Breakfast You must have your California State Bar license number in order to receive MCLE credit. 8:30-8:45 a.m. Welcome and Introduction · Paul M~ BartkJewicZ Bartkiewicz, Kronick & Shanahan and vice chair, ACWA State Legislative Committee [15 minutes genera) credit) 8:45-10 a.m. Pro~ing an Adequate Water Supply- How to Deal with New Legislation. Drought Conditions and Anti-Growth Groups The days of building a project and assuming that there will be water to serve the project are effectively over. New laws (SB 221/601) mandate that any project over a certain size prove that an adequate water supply will be available once the project is built. Such new laws (and old laws like CEO. A) have been seized upon by groups that oppose growth. Hear how these matters raise a myriad of complex legal issues and how to overcome them. Moderator: Russell G. Behrens McCormick, Kidman & Behrens, LLP · Edward J. Casey Weston Benshoof Rochefort Rubalcava MacCuish LLP · Randele Kanouse, special assistant to th~,genera! manager East 5ay Municipal Utility District . · {75 minutes general credit/ 10-10:45 a.m. 2002 Legislative Developments Current and anticipated legislation of interest to the water community will be pre- sented. · Robert J. Reeb, state legislative director Association of California Water Agencies (45 minutes general credit) 10:45-11 a.m. Break I 1 a.m.-Noon Proposition 218 Cases How safe is your water revenue? Are some Water revenues prope'~tY-related charges or assessments? Is stormwater treatment a sewage function? Do meters really matter? Get an update on recent developments in the la~v six years after adoption of Proposi- tion 218. · Daniel S. Hentchske, general counsel San Diego County Water Authority · Janet R. Momingstar McCormick, Kidman & Behrens, LLP (60 minutes general credit) Noon-1 p.m. Luncheon Thursday. OctOber 3 (continued) 1-2:15 p.m. San Gabriel Basin Clean-up Program Learn about the unusual negotiations which resulted in a superfund site resolution among the first of its kind. In an effort to finally 'resolve the Baldwin Park Operable Unit portion of the Main San Gabriel superfund site, the EPA has approved a joint ground- water remediation/drinking water distribution system using new technology. Hear first- hand perspectives from main participants on the negotiations which gave rise to the project. · Norman Dupont Shapiro & Dupont, LLP · Frederic A. rudacz Nossa~man, Guthner, Knox & Elliott, LLP · Stephen B. Johnson, chief engineer Stetson Engineers, Inc. · W. Keith Lemieux Lemieux & O'Neill · Lewis C. Maldonado, assistant regional counsel U.S. Environmental Protection Agency (ORC) (75 minutes general credit) 2: 15-3:15 p.m. Trends in Practice Management Find out what forces are shaping the latest trends in the law industry and how to deal with the effects. · Beth Kellerman, strategy consultant Hildebrandt International {60 minutes general credit) 3:15-3:30 p.m. Break 3:30-5 p.m. Local Government Potpourri Deal with your directors, incompatibility of office, and hear new information that will help you determine your duties. · Daniel S. Hentchske, general counsel San Diego County Water Authority · Ted Prim, deputy attorney general Office of the Attorney General (90 minutes legal ethics credit) 5:30-7 p.m. Hosted Reception Friday. October 7:50-~ a.m. Registration and Continental Breakfast 8-9:15 a.m. The New Landscape of Water Right Administration This panel will discuss the changing policies of federal and state agencies dealing with water right issues, and how these new policies affect the reliability of water rights. Moderator: Janet K. Goldsmith lfronick, Moskovitz, Tiedemann & Girard · Andrew P. Tauriainen Kronick, Moskovitz, Tiedemann & Girard · Martha H. Lennihan Lennihan Law, A Frofessional C~rporation · Robert E. Donlan Ellison, Schneider & Harris, LLF (75 minutes general credit) 9:15-10:30 a.m. Groundwater Banlfing · State Water Resources Control Board and local authority over groundwater banking projects. · David R.E. Aladjem Downey, Brand, Seymour & Rohwer LLP · MWD-Cadiz Groundwater Banking Project. · Jeffrey Kightlinger, general counsel Metropolitan Water District of Southern California · Rights to groundwater storage capacity. · Scott S. Slater Hatch & Parent (75 minutes general credit) 10:30-10:45 a.m. Break 10:45 a.m.-12:15 p.m. How to Present Your Best Case Before the Board Have you ever wondered how presenting your case before an administrative agency differs from presenting a case in court? Learn how to put on an effective case before the State Water Resources Control Board. Discussion will include the hearing process, ex parte rules and more. · Arthur G. Baggett Jr., chair State Water Resources Control Board · Craig M. Wilson, chief counsel State Water Resources Control Board (90 minutes general credit) 12:15-1:45 p.m. Luncheon -- Keynote Speaker · Assembly Member Joseph Canciamilla (in vited) District 11 (60 minutes general credit) 1:45 p.m. Adjournment Completed "Attendance Record" is required upon adjournment to receive MCLE credit. Please give/send this form to ACWA at the end of the workshop. "Certificates of Attendance" will be mailed within 30 dayp to those who have met all requirements. ACWA's 2002 Continuing Legal Education Wor~,,~op for Water Attorneys Napa,Valley Marriott · October 3 & 4, 2002 Fill in Completely - Please Print/TyPe Clearly Your workshop registration fee includes: Continental breakfast, refreshment breaks, lunch on the day(s) thai; you are registered, and Name (as It w~ll appear on badge) a reception on Thursday evening. A comprehen- sive 3-dng binder of workshop materials is also Title included. Substitution/Refunds: If you can't attend and O~ganization would like to send a substitute, just phone us. If you need to cancel, rafund requests may be Address made by phone, but must be conflrmad in writing to the ACWA office. A $35 handling fee will be charged on all registration refunds. No City State Zip refunds wilt be granted after September 20. ~mail address (for registration confirmation) If you have a disabilib~ that may require accommoda- tion to assure your full participation, please contact I Ellle Meek of the ACWA staff at (916) 441-4545, or Phone ( ) FAX ( ) toll free at, (888) 666-2292 to discuss your needs. Member ........................................................................... Non-member ................................................................... J $490 J ($525) $ ~ Please ch~ck appropHa[e box. ~ Thursday, October 3, Wor~hop Registration (ll) ~eg~ On Site Amount ~ember ........................................................................... $~i5; ($240) Non-member ................................................................... $325 ($360) $ ~ ~day, October 4, Wor~hop Registration (12) Prereg On Site Amount M~mber ........................................................................... ~$130 ($155) No~-member ................................................................... J .$!95 ($235) $ ~ T~ discoun~ may NOT b~ applied to l-day regls[rations. To qualify for a team Team ~ 3 or more attendees -- ~ch person r~ceives discount (90) ..................................................... $ -20 TOTAL (this registration only) n ~nclosad is my check payable to ^CWA. Ol~. Return ~h[s fo~ w~th your reg[s~tion ~ Please charge my ~ee ~o my credit card: DO later th~ September 20, to: ~ Maste~ard~ ~ Visa® ACWA's 2002 CLE Wor~hop Sacr~ento, CA 95812-2408 Credit Card (916) 441-4545 or (888) 666-2292 Illllllllllll llltll ~um b~r: F~ {~ 1 ~) 325-231 Bame on Card: {F~d refll*tra~ion~ ~ll only WESTCA$ The Western Coalition of Arid States' Fall Conference October 23-25, 2002 Antler Adam's Mark Hotel ' 4 5outh Cascade Avenue Colorado Spring, ¢0 80903 · ~'~ Reservations: 1-719-473-§600 Or 1-800-444-ADAM WESTCAS is the Voice of Weter Quality in the Arid West Dedicated to environmentally conscientious planning of water resources and development of water quality standards for the unique ecosystem of the Arid West ' Announcing WESTCAS' Fall Conference ,..,, October 23-25. 2002 / INF0 Antlers Adam's Mark Hotel ~ south Cascade Avenue- Colorado Springs, CO 80903: Phone: (719) 473-5600 Reservations: (800) 444-ADAM ~ $105/night for single/double or $115/night for triple/quad occupancy;, rates good 1 day prior & 1 day after conference dates ~. Coffee maker, blow dryer, safe deposit box, cable TV, iron and board in every room > Indoor pool and whirlpools, exercise room, underground parking ~' Located in the heart of downtown Colorado Springs, within walking distance of shopping, restaurants, etc. 25-minutes from Colorado Springs Municipal Airpor[ and 1~ hrs from Denver International. Shuttle service to the hotel provided by Peak Transit call (719) 687-3456 for info and schedules To receive the reduced rate, make reservations before OCTOBER 2. 2002 & --~ -~ Please complete the following for each attendee: ~- ~- Conference Registration Deadline for early registration is: OCTOBER 2, 2002 For members: [] $150 early registration [] $15 additional breakfast* [] $200 late registration [] $20 additional lunch' [] meeting fees prepaid [] $35 conference materials** For non-members: [] $150 non-member, first meeting registration [] $255 early registration [] Free for first time, non-member, Colorado Agencies [] $295 late registration Name: (as you'd like it to appear on name badqe) Agency: Address: City, State, Zip:. Phone: E-mail Address: Will you be staying at the hotel? [ ] yes [ ] no, If so, will you book under our room block [ ] yes [ ] no Will you be joining us for all meals? [ ] yes [ ] no, if not, which meals will you miss? Send completed registration form & payment to: WESTCAS c/o EMWD Attn: Donna Jacomet For add'l information call (909) 928-3777, ext. 4206 PO Box 8300 FAX Number (909) 928-6160 (forms can be faxed, Perds, CA 92572~8300 please indicate when payment will be mailed) Make checks payable to WESTCAS. Sorry, we don't accept credit cards *.dll meals included in registration.fee; add'l meals are.for paid attendees' guests ~vho 'd like to join us I **For those who cannot attend but wish to purchase the conference materials iTEK · l~ Iff Ch~n¢ ' O Association or california water Agencies 0 Exhibit Dates November 20-2'1, 2002 Disneyland Hotel, Anaheim Prelimik ry Conference.Agenda 0 Tuesday, November 19 3:40-4:50 p.m. (continued) · Issue Forum 8 a,m.-4 p.m. · ACWA Managers' Workshop · Membership Committee · Pavement Restoration Task Force 8 a.m.-9 p,m, · On-Site & Preregistration 8 a.m.-7 p.m. 4:30-5:45 p.m. · Preregistration Only 7-9 p.m. · Anadromous Species Task Force 1:30-3 p.m. Thursday, NovemDer 21 · Scholarship Subcommittee 7-8:15 a.m. · Local Government Committee 3-5 p.m. · Water Quality Policy Review Subcommittee · ACWA-USA Executive Committee · Finance Track: Finance Committee 8 a.m.-Noon & 1:30-2:45 p,m. · School Education Subcommittee · Exhibit Hall 5-6 p.m. 8 a.m.-4 p.m. · California Loan Purchase Finance Authority · ACWA Registration Wednesday, November 20 8:30-10 a.m. 6:45-7:45 a.m. · Attorneys Track · Water Management Committee · Communications Track · Energy Committee Program 7:30 a.m.-5 p.m. · Exhibitor Technical Presentation · ACWA Registration · Finance Track · Issue Forum 8-9:45 a.m. · Small Agencies Track · Special Issue Opening Breakfast .- 10:15-11:45 a.m. 8 a.m.-Noon & 1:30-5 p.m. · Attorneys Track: Attorneys Subcommittee Panel · Exhibit Hall · Exhibitor Technical Presentation · Generation Subcommittee Program 10-11:45 a.m, · Groundwater Committee Program · Attorneys Track · Human Resources Track · Communications Track · Issue Forum · Exhibitor Technical Presentation · Small Agencies Track · Finance Track · Water Management Committee Program · Human Resources Track · Issue Forum Noon-l:50 p.m. · Small Agencies Track · General Luncheon · Water Fundamentals Panel · Water Quality Clean Water Subcommittee Program 2-2:45 p.m. · Exhibitors' Drawing / Dessert Break Noon-1:30 p.m. · General Luncheon 2:45-4:45 p,m. 1:30-2 p.m. · Region Town Hall Meetings · Exhibitors' Drawing / Dessed Break 4-5 p.m, · Federal Projects Subcommittee I · Communications Track · Exhibitor Technical Presentation · Cocktails · Finance Track Program · Human Resources Track 7-10:30 p.m. · Irrigation Districts Caucus · Banquet / Entertainment · Issue Forum · Small Agencies Track: Affifiate Member Caucus Friday, Nover~It0er 22 3:40-4:50 p.m. 8-10 a.m. · Attorneys Track: Legal Affairs Committee · ACWA Registration · Communications Track: Communications Committee · County Water Districts'Caucus 8:30-10 a.m. · Exhibitor Technical Presentation · Hans Doe Forum Breakfast · Federal Affairs Committee · Groundwater Committee · Human Resources Track: Insurance & Personnel Committee Be ^ Part ACWA's Fall Conference! Reach key decision makers in the water community in a Bhort amount of time by exhibiting at AC;WA's Fall Conference. Exhibit Hours Who Should Exhibit7. November 20 · Accountants 8 a.m,- Noon · Attorneys/Law Firms 1:30 - 5 p,m. · Banks · Computer Service Companies November 21 . Construction, Design and Planning 8 a.m. - Noon Consultants 1:30 - 2:45 p.m. · Energy Consultants and Suppliers · Engineering Consultants/Firms · Environmental Consultants Booth C~1~r~es . Financial Advisors · Insurance Brokers ACWA Members = $750 . Investment Bankers '~ Non-members = $1,150 · Lobby Groups · Management Consultants Booths are assigned on a first-come, · Manufacturers/Product Distributors first-served basis. To be listed in the · Public Relations Consultants/Firms conference program, exhibit applica- Plus any organization that provides tions must be received by October 18; services or products to the municipal however, booths will be sold until market. November 1. Who Attends ACWA Conferences? · Directors · Attorneys · General Managers . Financial Managers . Assistant General Managers . Engineers · Communications Managers . Other Key Staff Members Each ACWA conference attracts between 1,800-2,000 attendees.