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Agenda Packet - EVWD Board of Directors - 08/12/2003
DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING JULY 22, 2003 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 ABSF;NT: 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): David Rumpf, Jack Mortensen, Erin Copeland, Gil Oviedo, Bill Holland, Paul Mordy, Chades Roberts, Jo McAndrews, Jim Cimino APPROVAL OF AGENDA At the request of the General Manager the following Old Business Item was deleted from the Agenda. 14. Consider and approve Amendment to Development Agreement between East Valley Water Distdct and San Manuel Band of Mission indians to relocate and enlarge a certain 12" Water Transmission Main within the boundaries of the District generally located between Rockford Ave., and Victoria Ave., in the City of San Bernardino. M/SIC (WilsomNegrete) that the July 22, 2003 Agenda be approved with the revision recommended by the General Manager. 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 8, 2003 BOARD MEETING MINUTES. M/S/C (Lightfoot-Wilson) that the July 8, 2003 Board Meeting Minutes be approved as submitted. RESOLUTION 2003.31 NOTICE OF COMPLETION FOR THE 5TH STREET WATERLINE IMPROVEMENT PROJECT IN THE CITY OF HIGHLAND was presented to the, Board for approval. M/S/C (Lightfoot-Wilson) that Resolution 2003.31 be approved. RESOLUTION 2003.32 - NOTICE OF COMPLETION FOR EAST HIGHLANDS RANCH WELL #146A IN THE CITY OF HIGHLAND was presented to the Board for approval. M/S/C (Lightfoot-Wilson) that Resolution 2003.32 be approved. RESOLUTION 2003.33 - DEDICATION OF WATER DISTRIBUTION SYSTEM WITHIN TRACT 16068 IN THE CITY OF HIGHLAND was presented to the Board for approval. M/S/C (Light'foot-Wilson) that Resolution 2003.33 be approved. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The General Manager stated that the charges identified by Account Numbers: 0530205-01 and 0730063-08 had been paid and should be removed from the lien list. M/SIC (Lighffoot-Wilson) that the liens for delinquent water and sewer accounts be approved for processing with the exceptions as noted by the General Manager. DISBURSEMENTS M/SIC (Lightfoot-Wilson) that General Fund Disbursements #193844 through #194024 distributed during the period of July 2, 2003 through July 16, 2003 in the amount of $950,379.06 and Payroll Fund Disbursements for period ended July 11, 2003 in the amount of $94,860.60 totaling $1,045,239.66 be approved. 2 Minutes:07/22/03 AGENDA ITEM #9 - ADOPTION OF NOTICE OF EXEMPTION FOR PIPELINE LICENSE AGREEMENT and AGENDA ITEM #10 - AMENDMENT TO PIPELINE LICENSE AGREEMENT were deferred for discussion at a Special Board Meeting scheduled for 10:00 a.m. on Thursday, July 24, 2003. DELETED AGENDA ITEM #14 · AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN EVWD AND SAN MANUEL BAND OF MISSION INDIANS will also be a topic for discussion at the Special Meeting on July 24th. Information only. RESOLUTION 2003.35 - ESTABLISHING AN INVESTMENT POLICY FOR PUBLIC FUNDS was presented to the Board for approvak The General Manager stated that this resolution reaffirmed the existing policy. Director Wilson requested that Item #2 of Section 4.0 contain language specifying that 1/3 would be available to the District within a 30-day period. M/S/C (Wilson-Negrete) that Resolution 2003.35 be approved with amendment as noted. INVESTMENT PROGRAM WITH CITIZENS BUSINESS BANK FOR THE DISTRICT'S RESERVE FUND was presented to the Board for approval. M/S (Negrete-Wilson) that funds be withdrawn from LAIF and invested with Citizens Business Bank for the District's Reserve Fund. DIRECTORS: GOODIN, LIGHTFOOT, NEGRETE, WILSON VOTED YES DIRECTOR STURGEON VOTED NO. MOTION WAS CARRIED BY a 4-1 VOTE RESOLUTION 2003.36 AUTHORIZE GENERAL MANAGER TO SIGN THE SDWSRF CONTRACT AND APPROVE RELATED DOCUMENTS PERTINENT TO THE DEPARTMENT OF WATER RESOURCES GRANT AND LOW INTEREST LOAN FOR THE ARROYO VERDE MUTUAL WATER COMPANY was presented to the Board for approval. M/S/C (Sturgeon-Lightfoot) that Resolution 2003.36 be approved. RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; stated that the suggested language to modify the Radon Rule had been included by the VA/HUD Appropriation committee. Information only. 3 IVfmutes:07/22/03 AUTHORIZATION TO WRITE-OFF UN-COLLECTABLE DELINQUENT ACCOUNTS THAT ARE AT LEAST TEN YEARS OLD AND THOSE ACCOUNTS WHICH HAVE BALANCES OF LESS THAN $12.00 was presented to the Board for approval. M/S/C (Sturgeon-Wilson) that authorization to write-off un-collectable delinquent accounts and accounts which have balances of less than $12.00 be granted. RESOLUTION 2003.34 - AUTHORIZATION TO ADD DELINQUENT AND NON-PAID CHARGES TO ANNUAL PROPERTY TAXES was presented to the Board for approval. The General Manager recommended approval of Resolution 2003.34. M/S/C (Wilson-Sturgeon) that Resolution 2003.34 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING A RESOLUTION IN SUPPORT OF NOMINATION FOR THE POSITION OF ACWA PRESIDENT AND VICE PRESIDENT TO BE CONSIDERED DURING THE FALL CONFERENCE. Information only. AN INVITATION FROM ACWA TO PARTICIPATE AS A SPONSOR DURING THE 2003 FALL CONFERENCE TO BE HELD IN SAN DIEGO, CA. Jo McAndrews suggested that the District consider participation in ACWA's sponsorship program during their Spdng Conference in 2004. Information only. JULY 14, 2003 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on August 2, 2002 was reviewed. Information only. INVESTMENT REPORT FOR QUARTER ENDED JUNE 30, 2003. The Investment Report for Quarter ended June 30, 2003 was reviewed. Information only. GENERAL MANAGER'S REPORT The General Manager reported on District operations to date; that, at the request of Director Lightfoot, plans to alleviate the North Fork Ditch problem along Highland Avenue were being addressed. Information only. CF() Brian Tompkins presented a brochure outlining the District's proposed "Automatic Payment Plan". Information only. 4 MLnutes:07/22/03 District Engineer Paul Dolter stated that he had been asked to attend an invitation Only Perchlorate Conference at UCR next month. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Goodin expressed his appreciation for the efforts to secure "back-up" materials for Agenda items, but that, if material is unavailable and deemed necessary for review, the item should not be included. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. LETTER FROM MS. SONIA BAKER AND MR. KENDALL BAKER EXPRESSING CONCERNS OVER THE PROPOSED CASINO EXPANSION AND CONSTRUCTION BY THE SAN MANUEL BAND OF INDIANS. Information only. SAN BERNARDINO AREA CHAMBER OF COMMERCE "BUSINESS AFTER HOURS", HOSTED BY ARROWHEAD COUNTRY CLUB, 3433 PARKSlDE DR., SAN BERNARDINO, CA., JULY 24, 2003. Information only. "WATER THE NEXT CRISIS I1", SPONSORED BY U.S. CONGRESSMAN JOE BACA, SAN BERNARDINO HILTON, 285 E. HOSPITALITY LANE, SAN BERNARDINO, JULY 25, 2003. Information only. WRI QUARTERLY ISSUES BREAKFAST, "DROUGHT IN THE SAN BERNARDINO MOUNTAINS", HILTON HOTEL, 285 E. HOSPITALITY LANE, SAN BERNARDINO, CA., JULY 29, 2003. Information only. "LEGISLATIVE ADVOCACY: HOW TO STAY ENGAGED", SPONSORED BY ASBCSD AND CUCAMONGA CWD, ETIWANDA GARDENS, RANCHO CUCAMONGA, AUGUST 8, 2003. Information only. CSDA'S ANNUAL CONFERENCE, RESORT AT SQUAW CREEK, NORTH SHORE, LAKE TAHOE, CA., SEPTEMBER 16-18, 2003. Information only. WEF "NORTHERN CALIFORNIA WATER FACILITIES & FISHERIES TOUR", SACRAMENTO VALLEY, SEPTEMBER 24-26, 2003. Information only. ASDWA EIGHTEENTH ANNUAL CONFERENCE, BOSTON, MA. OCTOBER 6-8, 2003. Information only. 2004 WATER SOURCES CONFERENCE & EXPOSITION, SPONSORED BY AMERICAN WATER WORKS ASSOCIATION AND WATER ENVIRONMENTAL FEDERATION, HILTON AUSTIN HOTEL, AUSTIN, TX., JANUARY 'H-'IS, 2004. Information only. 5 M~utes:07/22/03 CLOSED SESSION M/S/C (Lightfoot-Negrete) that the meeting adjourn to Closed Session. The Board entered into session at 3:05 p.m. as provided for in the California Open Meetir~g Law, Government Code Section 54945.9(a), to discuss the item 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 regular session at 3:25 p.m. The item listed on the Agenda was discu.~sed in closed session with no reportable action being taken. ADJOURN The meeting was adjourned at 3:25 p.m. until the Special Board Meeting at 10:00 a.m. on July 24, 2003. Donald D. Goodin, Board President Robert E. Martin, Board Secretary 6 Minutes:07/22/03 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT JULY 24, 2003 SPECIAL BOARD MEETING MINUTES The meeting was called to order at 10:00 a.m. by President Goodin. PRESENT: Directors: Lighffoot, Sturgeon, Wilson, Goodin ABSENT: Director Negrete STAFF: Robert Martin, General Manager; Kon Buchwald, Assistant Dislzict Engineer; Brian Tompkins, Chief Financial Officer; Mary Wallace, Administrative Assistant GUEST(s): Paul Mordy, Dave Rumpf, Erin Copland, Mohammed Rowther, Gil Oviedo, Charles Roberts (Highland Community News) P[~LIC PARTICIPATION Mr. Paul Mordy spoke on behalf of the "Alliance for Commurdty Rights" and again expressed concerns over the expansion proposed by the San Manuel Band of Serrano Mission Indians ("Tribe"). Information only. Ms. Erin Copeland stated that construction is in progress and that the "Tribe" wishes to comply with the terms of an agreement in place which involves the City of San Bemardino. Information only. Mr. Oviedo reaffirmed the fact that the Tribe wished to comply with the terms of the agreement with the City of San Bemardino. Information only. The General Manager stated that the Board has no reason to become involved with future land use issues involved with the amendments submitted for review and possible action. Information only. Mr. David Rumpf expressed his gratitude for staffs response to his request for the materials related to the July 24, 2003 Special Meeting. Information only. Special Meeting Minutes: 07/24/03 There being no further written or verbal comments, President Goodin closed the public participation section of the meeting. DIRECTOR NEGRETE ARRIVED AT 10:05 A.M. NOTICE OF EXEMPTION FOR AMENDMENT TO DEVELOPMENT AGREEMENT AND PIPELINE LICENSE AGREEMENT was presented to the Board for approval M/S/C (Wilson-Sturgeon) that the Notice of Exemption for Amendment to Development Agreement and Pipeline License Agreement be approved. AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY W.~TER DISTRICT AND SAN MANUEL BAND OF SERRANO MISSION INDIANS TO RELOCATE AND ENLARGE A CERTAIN 12: WATER TRANSMISSION MAIN WITItlN Tm*, BOUNDARIES OF THE DISTRICT was presented to the Board for approval. M/S/C (Lightfoot-Sturgeon) that the Amendment to the Development Agreement between EVWD and San Manuel Band of Serrano Mission Indians be approved. AMENDMENT TO PIPELINE LICENSE AGREEMENT BETVVEEN THE SAN MANUEL BAND OF SERRANO MISSION INDIANS AND EAST VALLEY W'ATER DISTRICT was presented to the Board for approval. M/S/C (Negrete-Wilson) that the amendment to the Pipeline License Agreement between the San Manuel Band of Serrano Mission Inchans and East Valley Water District be approved. ADJOURN The meeting was adjourned at 10:25 p.m. until the Board Workshop scheduled for 9:00 a.m. on July 31, 2003. Donald D. Goodin, President Robert E. Martin, Secretary 2 Special Meeting Minutes: 07/24/03 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT SPECIAL MEETING(BOARD WORKSHOP) July 31, 2003 MINUTES The Special Meeting (Board Workshop) was called to order at 9:00 a.m. by President Goodin who then led the flag salute. ROLL CALL PRESENT: Directors: Lightfoot, Wilson, Goodin ABSENT: Directors: Sturgeon, Negrete STAFF: Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Rebecca Kasten, Accounting Clerk Iii; Mary Wallace, Administrative Assistant GUEST(s): Bob Memory, Joe Walsh, and Peony Chang (Rogers, Anderson, Malody & Scoff "RAMS") APPROVAL OF AGENDA M/S/C (Lightfoot-Wilson) that the July 31, 2003 Agenda be approved as submitted. PUBLIC PARTICIPATION President Goodin declared the public participation section of the meeting open at 9:02 a.m. The Chief Financial Officer, Brian Tompkins, stated that the auditor's relationship is with the District's Board of Directors, not District management. Information only. There being no further written or verbal comments, the public participation section was closed. The Board President stated that this meeting is a workshop only. No decisions will be made. Bd. Worksl~op Minutes:07/31/03 PRE-AUDIT REVIEW OF AUDIT STANDARDS, SCOPE OF WORK, AND PROCEDURES WITH DISTRICT AUDITORS: ROGERS, ANDERSON, MALODY & SCOTT (RAMS). Mr~ Bob Memory (RAMS) presented auditing basics; defined audit standards; explained single audits; explained the scope of work to be performed during the audit and stated that the District's annual audit, to be conducted in accordance with certain nationally recognized standards, would begin on Monday, August 4, 2003. No decisions were made. ADJOURN The meeting was adjourned at 10:10 a.m. until the next regularly scheduled Board meeting on August 12, 2003. Donald D. Goodin, President ,~, Robert E. Martin, Secretary 2 Bd.Workshop Minutes:07/31/03 DEVELOPMENT AGREEMENT TIqZS AGREEMENT is made this day of , ~ by and between EAST VAELEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and CENTEX HOMES, a Nevada General Partnership (hereinafter "the DEVELOPER"). RECITALS A. The DISTRICT is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. B. The DEVELOPER proposes to subdivide and develop certain real property within the boundaries of the DISTRICT which is located at east end of Baseline in the City of Highland, County of San Bemardino, State of California, and is generally identified as Tract No. 16003 (hereinafter "the PROPERTY"), A copy of the Tentative Tract Map tsar the PROPERTY is attached hereto as Exhibit "A" and is incorporated herein by this reference. C. The development of the PROPERTY will consist of 132 dwelling units, and the DEVELOPER desires that the DISTRICT provide domestic water and sewer service to the PROPERTY. The DEVELOPER intends to design and construct the facilities necessaxy for water and sewer service to be furnished to the PROPERTY. D, The DISTRICT supplies domestic water and sewer service within the area to be served and is the public agency empowered by law to provide such services to the PROPERTY. E. The purpose of this AGREEMENT is to provide the terms and conditions under which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to supply water and sewer service to the PROPERTY (hereinafter "the PROJECT"). COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants cont,imed herein, the parties hereto agree as follows: Section 1. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water and sewer facilities for the PKOPERTY in the following manner and according to the Kules and Regulations of the DISTRICT: a. The DISTRICT agrees to provide to the DEVELOPER tentative water and sewer plans which conform to the requirements of the DISTRICT. b. The DEVELOPER agrees to design the water and sewer facilities for the PKOPEKTY in accordance with the DISTRICT's Standards for Design and Processing of Water and Sewer Plans and the tentative plans provided by the DISTRICT. The designs shall be submitted to the DISTRICT in a complete form which shall provide sufficient information for review and approval by the DISTRICT in the exercise of its sole discretion. c. The DISTRICT may request certain changes in the plans to provide for oversizing of facilities, which DEVELOPER agrees to incorporate into the plans and specifications for the PROPEKTY. d. The DEVELOPER shall furnish the DISTRICT with any and all easements necessary for the construction, operation, maintenance, and repair of any and all water and/or sewer facilities to be installed and/or used for the PROJECT. All easements shall be submitted to the DISTRICT for review and approval by the DISTRICT in the exercise of its sole discretion prior to the DISTRICT's acceptance of any dedication of the PKOJECT facilities under Section 6 of this AGREEMENT. e. The DEVELOPER 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 DEVELOPER with authorization to proceed. The DEVELOPER shall not proceed with the construction of the PROJECT and any other water or sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. CONSTRUCTION OF FACILITIES. The DEVELOPER agrees to construct the PROJECT and all other water and sewer facilities necessary for the PROPERTY in the following manner subject to the DISTRICT's approval: a. The DEVELOPER shall obtain all necessary permits fi.om the (city or county) and all other public or private agencies required for the construction thereof. The PROJECT and the facilities appurtenant thereto shall be constructed at a location determined by the DISTRICT, and shall be relocated by the DISTRICT at the DEVELOPER*s sole expense if such relocation is deemed necessar~ by the DISTRICT in its sole discretion. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY and all other locations where the work contemplated herein is to be pefforraed. b. All facilities constructed pursuant to this AGREEMENT shall be in accordance with accepted standards and practices in the industry and in compliance with all local, state, and federal laws, rules, and regulations. The DEVELOPER shall be responsible for providing all labor, materials, and equipment necessary to perform the work fi)r the PROJECT, and such work shall be performed in a timely and workmanlike manner by a party or entity acceptable to the DISTRICT. All such facilities shall conform to the DISTRICT's Standard Specifications for the Furnishing of Materials and the Construction of Water and Sewer Pipelines. All costs and liabilities in connection with the design and construction of the PROJECT shall be borne solely by the DEVELOPER. c. The DISTRICT shall inspect and approve all work to be performed under this AGREEMENT. However, any approval by the DISTRICT of such work, or of the designs, specifications, reports, and/or materials furnished hereunder, is understood to be conceptual approval only and will not operate to relieve the DEVELOPER or its contractors, consultants, or subcontractors of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or their own willful misconduct. Further, neither the DISTRICT's review, approval, or acceptance of any of the work or services performed in connection with this AGREEMENT shall be construed as a waiver of any rights hereunder or of any defense or cause of action which the DISTRICT may have arising out of the performance of this AGREEMENT or any previous or subsequent agreements. The DEVELOPER shall cause the facilities constructed under this AGREEMENT to be inspected as required by any and all other public or private agencies. Section 3. DEVELOPER'S COSTS. In addition to all other obligations imposed upon the DEVELOPER under this AGREEMENT, the DEVELOPER shall be responsible for the payment of all of the following: a. The DEVELOPER shall pay to the DISTRICT all, or any portion, of the connection fees for the PROPERTY at the time of application for water and sewer service therefor. The DISTRICT will provide water and sewer service only to those specific subdivision lots within the PROPERTY for which payment in full has been made to the DISTRICT. b. The DEVELOPER shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation of the PROJECT, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design of the PROJECT. c. The DEVELOPER shall comply with all rules, regulations, resolutions, and ordinances of the DISTRICT that are currently in place or may 4 hereafter be adopted, and shall pay when due any and all fees, deposits, charges, rates, fines, penalties, taxes, and/or assessments that may be levied by the DISTRICT. d. The DEVELOPER hereby consents, and waives any objection, to the exercise of any and all collection remedies that are available to the DISTRICT under the law upon the PROPERTY and/or the person and/or property of DEVELOPER and its shareholders and partners. Section 4. SECURITY. a. The DEVELOPER shall provide performance, completion, and/or payment bonds for the PROJECT in the minimum amount of not less than 100 percent of the estinaated construction costs containing covenants which are acceptable to the DISTRICT and the (city or county) b. The DEVELOPER shall provide a maintenance bond for the PROJECT in the amount of 100 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 from the date of acceptance by the DISTRICT of the dedication of said facilities~ c. The DEVELOPER shall also procure and ma'mtain during the performance of this AGREEMENT such policies of insurance, bonds from an acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms of security, in amounts and upon terms deemed sufficient by the DISTRICT in its sole discretion to protect the DISTRICT from any and all exposure to loss and/or liability. Section 5. COSTS FOR OVERSIZING. Pursuant to Section 1.c. of this AGREEMENT, the DISTRICT agrees to pay to the DEVELOPER the incremental cost of oversizing any PROJECT facilities greater than twelve inches (12") in diameter for water distribution pipelines and ten inche~ (I0") in diameter for sewage collection pipes. The DISTRICT shall determine the amount of the incremental cost of oversizing and the method of payment in the exercise of its sole discretion prior to its acceptance of the PROJECT facilities. Section 6. DEDICATION OF FACILITIES. a. The DEVELOPER shall, upon completion of the construction of all facilities to be installed hereunder to the satisfaction of the DISTRICT, dedicate said facilities to the DISTRICT by a deed of dedication or such other instrument as the DISTRICT may prescribe, and the DISTRICT agrees to accept the dedication thereof by formal action of its Board of Directors. Thereafter, such dedicated facilities shall become and be operated and maintained by the DISTRICT as part of the DISTRICT's water and sewer system. The DISTRICT shall not accept dedication of said water or sewer facilities until all connection fees have been paid unless otherwise allowed under Section 3.a. herein. b. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY for the purpose of installing, operating, inspecting, maintaining, and repairing all meters, valves, and other appurtenances necessary for the DISTRICT to record, regulate, and 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 AGREElvlENT shall be excused in the event that the performance thereof is interrupted for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, court order, natural disasters such as floods, earthquakes, landslides, and fires, and other labor disturbances and other catastrophic events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other provision to the contrary, the DISTRICT may suspend or refuse water service to the PROPERTY if the DEVELOPER is in breach, default, or violation of this AGREEMENT or any rule, regtflation, 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 6 the I)ISTRICTs 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 AGI[EEMENT, 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 DEVELOPER. Section 9. LIABILITY FOR DAMAGES. The DISTRICT shall not be held liable or ,~, responsible for any debts or claims that may arise from the operation of this AGREEMENT, or for any damage claims for injury to persons, including the DEVELOPER and/or its officers, directors, shareholders, guests, invitees, trespassers, agents, contractors, consultants, and employees, or for property damage, from any cause arising out of or in any way related to the PROPERTY, the PROJECT, and/or the DEVELOPER's obligations hereunder. Section 10. RELEASE. The DEVELOPER hereby expressly waives and releases the DISTRICT and its agents, officers, directors, and employees from any and all liability for the claims, actions, and/or losses set forth in Section 9 above and for any costs and expenses incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor did not know or suspect to exist in his or her favor at the time of the executed release which if known by him or her must have '~, materially affected his or her settlement with the debtor." expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER thereunder and under any and all similar laws of any state or territory of the United States with respect to the clams, actions, and/or losses referenced above. This AGREEMENT shall act as a release of any cla'mas that may arise f~om the aforementioned whether such claims are currently known or unknown. The DEVELOPER understands and acknowledges the significance and consequences such specific waiver of Civil Code § 1542 and hereby assumes full responsibility for any injuries, damages, losses, or liability that may result from the claims identified above. This AGREEMENT shall also act as a release of any claims, actions, and/or losses set forth in Section 9 above, that may arise in the future whether such claims are currently foreseen or unforeseen. Section 11. HOLD HARMLESS. Excepting the sole or active negligence or willful misconduct of the DISTRICT, the DEVELOPER shall indernnify and hold the DISTRICT and its officers, directors, agents, and employees harmless from and against all claims and liabilities of arty kind arising out of, in connection with, or resulting from, any and all acts or omissions on the part of the DEVELOPER and/or its officers, d'trectors, shareholders, partners, assignees, guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with the PROPERTY, the PROJECT, and the performance of their obligations under this AGREEMENT, including design defects, even if occurring afmr the completion of the PROJECT, and defend the DISTRICT and its officers, dh:ectors, agents, and employees from any suits or actions at law or in equity for damages, and pay all court costs and counsel fees in connection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and hold the DISTRICT harmless fi.om 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 accc,untants), and all foreseeable and unforeseeable consequential damages which might arise or be asserted aga'mst the DISTRICT and/or the DEVELOPER with regard to the PROPERTY and/or the PROJECT which are alleged and/or determined to be tortious, and/or in violation of present and future federal, state, and local laws (whether under common law, statute, rule, regulation, or otherwise), including, but not limited to, the California Environmental Quality Act, Public Kesources Code Section 21000 et seq., and the Guidelines adopted thereunder, California Code of Regulations Section 15000 et seq., all as the same may be amended from time to time. Section 12. NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated as of mailing or in the case of personal delivery, as of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section. If to the DISTRICT: East Valley Water District P.O. Box 3427 1155 Del Rosa Avenue San Bemardino, CA 92413 Atto: General Manager If to the DEVELOPEK: Centex Homes 2280 Wardlow Circle Suite 150 Corona, CA 92880-2896 Attn: Don James Section 13. DISPUTES. Any dispute or controversy arising out of, under, or in connection with, or in relation to this AGREEMENT, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through 1294.2 of the Code of Civil Procedure. The cost of such arbitration shall be paid by the parties equally; however, the prevailing party in the arbitration shall be entitled to reimbursement of its attorneys fees and other costs incurred in connection therewith. Section 14. ATTORNEYS FEES. If a dispute arises which cannot be resolved by arbitration, regarding the breach or enforcement of the provisions of this AGREEMENT, the 9 prevailing party therein shall be entitled to recover all attomeys fees and other costs actually incmred in connection with reaching a resolution of the dispute whether or not an action, claim, or lawsuit is filed. In any action brought, the entitlement to recover attorneys fees and costs will be considered an element of costs and not of damages. Section 15. INUREMENT. Th~s AGREEMENT and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs, successors, legal representatives, and assigns, and each of the shareholders and partners of the DEVELOPER in their individual, separate, and/or other capacities. Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, whether oral or written, between the parties in connection therewith. This AGREEMENT may not be amended unless in writing and signed by the parties hereto. Section 18. CAPTIONS. The captions of sections and subsections of this AGREEMENT are ~br 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 AGREEMENT shall be enforced and governed by and under the laws of the State of California, and venue for any action brought to interpret and/or enforce any provision of this AGREEMENT shall be in a state or federal court located in the State of California that would generally have in rem jurisdiction over the PROPERTY. 10 :Section 20. SEVERABILITY. If any portion of this AGREEMENT is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this AGKEEMENT shall continue in full force and effect. Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants and conditions set forth herein and to perform such further acts as is reasonably necessary to effectuate the purpose of this AGREEMENT. Section 22. AUTHORITY. Each individual executing this AGREEMENT on behalf of a par~.f hereto represents and warrants that he or she is fully and duly authorized and empowered to so execute on behalf of such party, and that this AGREEMENT is binding in the manner set forth in Section 15 hereof. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date first above written. DISTRICT By: East Valley Water District Donald D. Goodin, President, Board of Directors ATTEST: East Valley Water District Robert E. Martin, Secretary Secretary ~a.~ e~ ~'~o'~-'e.-~' DEVELOPEK B~~~_ ,(Developer) (authorized sigaature~ ATTEST: 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California -- v~:~rsonally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedtheir authorized capacity(les), and that by his/hedtheir ~"~--~iil~ 'l~'l~Ai01~il~(~' 'J[, signature(s) on the instrument the person(s), or .-.,r~,,z-]-~, C0mrn. #1309234 ~ the entity upon behalf of which the person(s) ~1 ~-~"J~ HOTARY PIJBLIC-CALIFORX[A UJ acted, executed the instrument. ,,,, \~/ Orange Count/ " WITN/J~SS~'ny"hand an~"~ci~ seal. O~TIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document Description of Attached Document Title or Type of Document: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer's Name: ...... [] individual [] Corporate Officer--' [] [] Attorney in Fact [] Trustee [] Guardian or [] Other: Signer I: Notary Public 12 EXI~BIT "A" [Tentative Tract Map for the PROPERTY] 13 ~ VICINITY MAP " N TRACT 16003, Centex Homes i NOT TO SCALE EXHIBIT "A" RESOLUTION 2003~37 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ACCEPTING DEDICATION OF WATER DISTRIBUTION SYSTEM TRACT 14326 LOTS 204-325 BE IT HEREBY RESOLVED by the Board of Directors of the East Valley Water District, as follows: WHEREAS, the water line system and appurtenant structures constructed in Tract 14326 Lots 204--325, excluding the water line in San Benito North of LaCresta Street, for public use in the City of Highland, have been dedicated to East Valley Water District by US Home Corp. NOW THEREFORE, BE IT HEREBY RESOLVED, that the Dedication of Water Distribution System dated August 7, 2003 and executed by Jeff Jameson, Vice President for US Home Corp. on August 7, 2003 be accepted and all rights, title and interest in and to said water system be vested in the East Valley Water District, and that the Secretary of this District be, and is hereby authorized and directed to record this Resolution with said Dedication of Water Distribution system attached hereto, in the office of the County Recorder of the County of San Bernardino, State of California. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District, upon motion duly made, seconded and carried on August 12, 2003. AYES: Directors NOES: ABSENT: EAST VALLEY WATER DISTRICT Donald D. Goodin, Board President Attest: Robert E. Martin Board Secretary Tract 14.~._6"'~ 817103 jw W2189 RECORDING REQUESTED BY: East Valley Water District WHEN RECORDED MAIL TO: East Valley Water District Post Office Box 3427 San Bernardino, California 92413 WSF-VII IRREVOCABLE OFFER OF DEDICATION OF WATER SYSTEM Board of Directors East Valley Water District San Bernardino, California 92413 DATE: We hereby declare that the water system and appurtenant structures to be constructed in T~:acl: t4~;Z~ in accordance with all the requirements of the East Valley Water District are intended for public use and that upon their acceptance by said District, ali rights, title and interest of the undersigned in and to said water system shall thereupon vest in the District. The within dedication shall be binding upon heirs, successors, assignees, executors, or administrators of the undersigned. SEE EXHIBIT "A". The undersigned further declares and hereby certifies that there are no liens or debts of any nature presently due or outstanding against or upon said water system and appurtenant structures for labor or materials or for any other cause, and that the undersigned will hold East Valley Water District free and harmless from any and all such claims of liens asserted upon said water system and appurtenant structures should they be claimed or arise provided such claims or liens arose from acts which occurred on or before the date listed above. (Corporate Seal) STATE OF CALIFORNIA ) ) COUNTY [-O ) On ~, LL(~ L).~'i- ~ ,20c~, before me, the undersigned, a Notary Public in and for the said County and State, personally appeared .~'~Fi¢~' ~ h7'~' personally known to me ( e~cazvACf~,- e"- ,k,~...io of .2ti.f.¢t,,W ,,..:~ .... , ...................... / to be the person(j~ whose name(,~ hts/hor ...... signature (~ on the is/ace subscribed to the same in his/hegtheir authorized capacity (je~, and that by ' instrument the person (~, or the entity upon behalf of which the person ~¢J acted, executed the instrument. EXHIBIT "A" RESOLUTION 2003.38 A RESOLUTION OF THE BOARD OF DIRECTORS ,~, OF THE EAST VALLEY WATER DISTRICT ACCEPTING DEDICATION OF SEWERS TRACT 14326 LOTS 204-325 BE IT HEREBY RESOLVED by the Board of Directors of the East Valley Water District, as follows: WHEREAS, the sanitary sewers and appurtenant structures constructed in accordance with specifications of the East Valley Water District in Tract 14326 Lots 204-325, excluding the water line in San Benito North of LaCresta Street, for public use in the City of Highland, have been dedicated to East Valley Water District by US Home Corp. NOW THEREFORE, BE IT HEREBY RESOLVED, that the Dedication of Sewers dated August 7, 2003 and executed by Jeff Jameson, Vice President for US Home Corp. on August 7, 2003 be accepted and all rights, title and interest in and to said sewers be vested in the East Valley Water District, and that the Secretary of this District be, and is hereby authorized and directed to record this Resolution with said Dedication of Sewers attached hereto, in the office of the County Recorder of the County of San Bernardino, State of California. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District, upon motion duly made, secended and carried on August 12, 2003. AYES: Directors NOES: ABSENT: EAST VALLEY WATER DISTRICT Donald D. Goodin, President Attest: Robert E. Martin Board Secretary Tract 14326 8/7103 jw S2189 RECORDING REQUESTED BY: East Valley Water District WHEN RECORDED MAIL TO: East Valley Water District Post Office Box 3427 San Bemardino, California 92413 IRREVOCABLE OFFER OF DEDICATION OF SEWER SYSTEM Board of Directors East Valley Water District San Bernardino, California 92413 DATE: st We hereby declare that the sewer system and appurtenant structures to be constructed in Tract: 14326 in accordance with all the requirements of the East Valley Water Distdct are intended for public use and that upon their acceptance by said District, all rights, title and interest of the undersigned in and to said sewer system shall thereupon vest in the District. The within dedication shall be binding upon he[rSr successors, assignees, executors, or administrators of the undersigned. SEE EXHIBIT"A". The undersigned further declares and hereby certifies that there are no liens or debts of any nature presently due or outstanding against or upon said sewer system and appurtenant structures for labor or materials or for any other cause, and that the undersigned will hold East Valley Water District free and harmless from any and alt such claims of liens asserted upon said sewer system and appurtenant structures should they be claimed or arise provided such claims or liens arose from acts which occurred on or before the date listed above. (Corporate Seal) ~J~eson V.P. US Home Corp, STATE OF CALIFORNIA ) couNtY iqa si On ~'~tLL(-.~ CL'~'T" ~ ,200..~, before me, the undersigned, a Notary Public in and for the said County and State, personally appeared ...~'~c"~ _.~ r~l~..~/~ c_.--------, ..... , ..... +"~ ~ ^~ .,,,, ..... ) to be the person~,~ whose name(~) personally known to me (or .._ .od .................. _. is/af~ subscribed to the same in his/herC~e~ authorized capacity ~, and that by his/her, Ltlz~. signature (~ on the instrument the person (~, or the entity upon behalf of which the person (~ acted, executed the instrument. SiPj~tu~ ,,~2,..~_,~. ~i~ t~(Seal) CERTIFICATE OF LIEN AUGUST 12,2003 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0610160-04' $38.47 2. 0820132-08 $38.62 3. 0820254-05* $89.14 4. 0910433-00 $144.86 5. 0910441-03* $59.10 6. 1010032-03 $53.47 7. 1040009-05 $t45.32 8. 1040147-03* $87.33 9. 1040203-11' $90.55 10. 1120305-03 $160.86/~ 11. 1140070-02* $72.69 12. 1230759'02' $14.9 13. 1340122'01' $136.48 14. 1540283-00* $55.12 TOTAL '~ $1,t86.94 * STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 East Va'l* ey Water District Board Memorandum Date: AUGUST 12, 2003 From: Brian W. Tompkins / Chief Financial Off'~cer Subject: Disbursements. Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period July 23, 2003 through August 6, 2003. Background: Accounts payable checks are shown on the attached listing and include numbers 194025 to 194274 for A total of $1,323,398.67. The source of funds for this amount is as follows: COP Construction Funds Funds depleted EPA Grant Funds $116,193.00 Unrestricted Funds . $1,207,205.67 Payroll disbursed was for the period ended July 11, 2003 and included checks and direct deposits, Totaling $84,594.74 Fiscal Impact: Total disbursements- $1,407,993.41. ~ ooo oo ~ oo o~ ~o . oo o qqq~ ~o ~ ~°°~ oo ~oo ..~ ~oo~ o~ o~ c o c~ o. o. o. o. o. co z 0 co' ~ o ~ o o ~ "~ o .. "~ ~. c~ c~ c~ o o n~ ~ o o o o o o o o o o o o ~_ o o o o o o o o o o o o 0 ~ zou~o ~ooo5<~ ~ ~-~--~.___ ~0<~ z<0 ~ i~ ° o o ooo ooooo>oo ~ o~ ~ ~oo~8<<~ n~ l.U (_,3 0 m ,,~ '- I.l.I I.LIo ~>- o_ © EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: MONTH °°ardMeetings: 7/~ .~ '-~/D.a , '~onferenoes a~d Other Meetings Date: ~=~ Organization ~ Description Date: ~*t.~ Organization ~V~ Description ~~ ~,~. Date: -~-I b Organization ~V~/ Description ~ ~.~6~ Date: ~-~ Organization ~9 Description ~., ~,_~.,~ ~ Date: ~.,~Organization ~ V ~ Descr,ption ~~~¢.,?~ Date: Organization Descri ~tion Date: Organization ~' Descri ~tion Date: Organization Descri ~tion Date: Organization Descri )tion Date: Organization Descri )tion ,,~ Date: Organization Descri )tion Date: __ __Organization Description Date:__ __Organization Description Date: Organization Description Date:__ __Organization Description TOTAL ¢ OF MEETINGS ~ ~125.00 each $ Personal Auto: Miles x .36 per mile $ Parking Fees $ Total Lodgings,~eals & Other: (Details on Back). $ Total Director's Expenses $ Total Director's Meetings & Expenses $ ~ned Less any Advance Payments $ ~ate of Board Approval TOTAL DUE DIRECTOR $ EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: /-. / ¢2 l'r/'f'/c:g~O ,~r' VlONTH OF: ,,~,BoardMeetings: '7/0°-) '7/Z.2.- Conferences and Other Meetin~qs bate:_'7/~ Organization ~F_./,/[,~)23 Description LO/o(/-) ~'/¢,¢j0. ,'~ _ Date:._~Z~'~ Organization ~I,'~/) Description I;.q~q Iii/ ~___~o,. Date: 'l/~! 'Organization E-¢WJ) Description Date:~Z'~,- Organization ~U~'D Description ~ /f2¢~ ~,¢,~,~¢ Date: 7~'~1/ Organization /'~-V~'¢~ Description ~,Pe-.e-lrgl.-: Date: ¢~4' Organization ~-~¢F-/C/}q~ Description ¢,~¢'f'~__~ Date:~0/ Organization ~.~ Description Date: Organization Description Date: Organization Description Date: Organization Description *"~ Date: Orgamzation Description Date: Organization Description Date: Organization Description Date: .Organization Description Date: Organization Description TOTAL # OF MEETINGS_ ? @125.00 each_ $ Personal Auto: Miles x .365 per mile.. $ Parking Fees $ Total Lod.qing:s, Meals & Other: (Details on Back). $. '(~ Total Director's Expenses ~.~¢,/¢¢¢, 4,.~.~¢ Total Director's Meetings & Expenses $. //2-~' *l~;igned Less anyAdvance Payments $.. / Date of Board Approval TOTAL DUE DIRECTOR $..__~/,' Z--~.5' EAST VALLEY WATER DISTRICT DIRECTOR'S FEE AND EXPENSES REPORT DIRECTOR: DON GOODIN MONTH July, 2003 Meetings Claimed: Board M_eetin.qs (Dates) 8,22 Conferences and Other MeetinRs Date: 15 Organization: Joe Rowe Reception Location: CSUSB Date: 16 Organization: Lunch w/Negrete Location: Tartan Date: 21 Organization: special Districts Location: Bib Bear Date: 24 Organization: special Board Meeting Location: Distdct Date: 25 Organization: Cong, Baca Water Mtg Location: Hilton Hotel Date: 29 Organization: WRI Location: Hilton Hotel Date: 31 Organization: Audit Workshop Location: Distdct Date: Organization: Location: Date: Organization: Location: TOTAL MEETINGS 9 X$125.00-- $ 1,125.00 Personal Auto Date: 21 Function: Big Bear, Spec Districts 80 X36.0 $ 28.80 Date: Function: Total $ 28.80 Lod.qing Date: Function: Date: Function: Total $ Meals (Receipts) Date: 21 Function: special Districts $ 32.00 Date: Function: Total $ 32.00 Other Date: Function: Date: Function: Total $ Total Directors Expenses $ 60.80 Total Directors Fees (Meetings) $ 1,125.00 Less Advance Payments ~' Z~ TOTAL DUE DIRECTOR $ 1,185.80 Signed _ ~,~.~ ~ z~; ~ Approved Date of Board Meeting August 12, 2003 h_~51 V/&LL~-Y VV~I~-K DIRECTOR'S FEES AND EXPENSE REPORT ]IRECTOR: __ Sturgeon MONTH OF: July 2003 3~rd Meetings: 07/08 - 07/22 - 07/24 ~'~erenoes and Other Meetin.qs Date: 07/07 Organization SBVMWD Description Meeting' Date: 07/08 __Organization 66er Stadium Description Employee Outing Date: 07/09 Organization SBVMWD Description Meeting Date: 07/15 __Organization WRT DescriptionOpen House Date: 07/20 __Organization Brother's DescriptionCar Show Date: 07/21 __Orgamzation SBV~WD DescriptionMeeting Date: 07 / 2]. __ Organization Special Districts Descri)tion Dinner Date: 07/22 Orgamzation City of Highland Descri)tion Meeting Date: 07 / 22 __ Organization SBVMWD Descri )tion Meeting Date: 07/25_ Organization Congressman Baca Descri)tion Meeting ~,~Date: 07/28_ Organization SBVMWD Descri)tion Meeting Date:07/29 Organization Zntl. water Res. Descri)tion Conference Date:® __.Organization Zntl. Water Res. Descri)tion Conference Date:. Organization Descri )tion Date: .Organization Descri )tion TOTAL # OF MEETINGS 10 @125.00 each $ 1 ,___250. oo ~ersonal Auto: Miles x .325 per mile $ Parking Fees $ total Lodgings, Meals & Other: ACWA Conference 12/03/03 $, 270 · 00 Total Director's Expenses $ 27o. 00 Total Director's Meetings & Expenses $. 1,52o. 00 : ed 'cC~-~V~ Less any Advance Payments $. :)ate of Board Approval 08/12/2003 TOTAL DUE DIRECTOR $. 1,520.00 ~ ..... EAST VALLEY WATER I:)ISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: ~,~ ~...~ ~,,,~ MONTH OF: 3oard Meetings: ?. %.' ;, -2~. Conferences and Other Meetinqs Date: q-'7 Organization ~,.,.,~ Description,'/,~¢/,'.,?£ Date: '7. ¢ ¢, Organization u .~ ,4 ~ ~ ,~ Description /f,~,,¢,//y /4 Date: ?-/2..; 7-//, Organization ~ ,~,,j_n Description/h~,),~.~ rz,,, Date: 7oz¥ Organization ~ wo~ Description Date: 7 ~.~/ Organization ~ ¢~ - Description ~ ~./,~,~,: Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description *~" Date: .Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGS ~ I @125.00 each Personal Au_to: Miles x .325 per mile Parking Fees Tota Lodqin.qs, Meals & Other: (Details on Back) Total Director's Expenses ,~~).~ To tel Director's Meetings & Expenses $. ~' ~ ?-f. ,9~, ~'Signed / Less any Advance Payments Date of Board Approval TOTAL DUE DIRECTOR East Valle Water District Memorandum To: Board of Directors From: Robert E. Martin Date: August 8, 2003 Re: Regulatory Affairs Coordinator For a number of years, the regulatory affairs and safety programs have been assigned, on a part time basis, to our Computer Information Specialist. UnfortUnately, both areas of responsibility have been growing so rapidly that neither area was receiving the amount of effort required. Earlier this year I realigned job duties and assigned our computer systems specialist to work full time for Brian. In the mean time, our safety and regulatory affairs program has been handled on a temporary basis by our Superintendent. We have reached the point, however, where these responsibilities require a full time person. Attached for your review is a job description for a "Safety and Regulatory Affairs Coordinator". I am also recommending that the position be created at a pay range of 48 and be filled as soon as practical. In order to maintain an existing staffing level of 58 positions, I am recommending that we drop one of the three Accounting Clerk positions that we currently have authorized. Although we have three positions on the books, only two of them are filled. I do not believe that we will have the need for the third position for quite some time. I have discussed this proposal, informally with the Personnel Committee. I appreciate your consideration of this issue. enclosed as noted REM:mew July 18, 2003 SAFETY AND REGULATORY AFFAIRS COORDINATOR Scope of Duties Under direction of the District Engineer, provides senior level regulatory assistance to the District; performs sub-professional office engineering and/or report writing; ensures District compliance with a variety of comp[ex federal, state, regional and local regulations impacting District operations; provides knowledge to District management regarding regulatory requirements, proposals, and implications; represents the District's interests in dealing with regulatory agencies; and performs other duties as required. Examples of Duties -Performs liaison activities with federal, state, regional, and local agencies in all matters pertaining to regulatory compliance. ~Compiles data and prepares engineering and/or District reports. -Coordinates compliance activities with Engineering, Field Operations, Water Production, and Administration to ensure that the District programs and actions comply with regulations. -Stays abreast of regulatory programs and requirements, and anticipates plans for District compliance. -Prepares all applications for District permits for signature by General Manager. -Ensures that all permit and annual emission fees are paid in a timely manner. -Inspects District facilities and equipment to ensure compliance with permit conditions. -Ensures District permits reflect actual operational conditions and that renewal requirements are in compliance. -Coordinates and ensures that procedures and policies related to safety issues are followed. -Assists in the investigation and analysis of incidence reports and complaints involving work related injuries and illnesses, property damages and losses caused by accidents, vandalism, burglary, theft, and security issues. -Assists managers and supervisors as they conduct safety, meetings with their employees. -Manages Continuing Education Hours for Distribution and Treatment Operator certifications Related Qualifications Knowled~le of -Principles, practices, methods and techniques of safety program implementation and administration. -Federal, state, regional and local environmental and safety regulations impacting District operations. -Principles and concepts employed in a variety of difficult and complex sub-professional field and office engineering work -District organizational relationships ~,Basic water supply and sewer operation procedures as they relate to occupational safety and health, hazardous materials, solid and hazardous wastes, and material safety and data sheets. -.Workplace hazard identification, documentation and correction. Ability to -Understand, interpret, and implement environmental and safety rules and regulations impacting District operations. ~Gather, analyze, and interpret data. -Prepare regulatory and engineering reports. -Read and write effectively. -Maintain safety and educational records. -Prepare, conduct, or direct training classes. Education, Experience and Other -Two years of experience in engineering technology, or related experience, with emphasis on water and wastewater operations. -Three years of experience working with regulatory compliance issues or any combination of education or experience which would have provided the required knowledge and abilities. -Possession of an appropriate and valid California drivers license. -Possession of California State Water Distribution Operator-Certification, Grade I. - Possession of California State Water Treatment Operator-Certification, Grade L Safety and Regulatory Affairs Coordinator 07/18/03 RELEASES OF LIEN JULY 28, 2003 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0040104-00 257.97 2. 0420062-04 27.33 3. 0730099-01 56.34 4. 0820086-02 54.43 5. 0940217-08 37.14 6. 1540176-04 225.50 7. 1542871-00 1,000.00 TOTAL /~ $1,658.71 +PAID THROUGH TAX ROLLS Page 1 of 1