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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 08/26/2003East Water District 1155 DEL ROSA AVENUE, SAN BERNARDINO, CA REGULAR BOARD MEETING August 26, 2003 2:00 P.M. AGENDA "In order to comply with legal requirements for posting of agenda, only those items filed with the District $.ecretary by 10:00 a.m. on Wednesday prior to the following Tuesday meeting not requiring departmental investigation, will be considered by the Board of Directors". CALL TO ORDER PLEDGE OF ALLEGIANCE 1. Approval of Agenda 2. Public Comments CONSENT CALENDAR 3. Approval of Board Meeting Minutes for August 12, 2003. 4. Approval of Development Agreement between East Valley Water District and Standard Pacific Corp to provide domestic water and sewer service to 22 dwelling units within Tract No. 15985-3 located northeast of Highland Avenue and Pleasant View Lane in the City of Highland. 5. Approval of Liens for Delinquent Water and Sewer Accounts. 6. Review and accept Financial Statements for period ended June 30, 2003. 7. Accounts Payable Disbursements: Accounts Payable Checks #194275 through #194398 were distributed August 13, 2003 through August 21, 2003 in the amount of $262,335.80. Payroll Checks for period ended August 15, 2003 and included checks and direct deposits in the amount of $90,22!.54. Total Disbursements for the period were $352,557.34. PUBLIC }[EARING 8. Public Hearing to consider adoption of a Negative Declaration to rehabilitate an existing Well at [Slant 146. 9. Adopt the Negative Declaration and File the Notice of Determination and Certificate of Fee Exemption with the County of San Bemardino Clerk of the Board of Supervisors and the State Office of Planning and Research, State Clearinghouse for the East Valley Water District's Plant 146 Well Rehabilitation Project. Discussion and Possible Action. OLD BUSINESS 10. Radon Rule Update (General Manager) NEW BUSINESS l 1. Discussion and possible action regarding ACWA Committee Appointment Nominees for the 2004-2005 term. 12. Discussion and possible action regarding the selection of a representative from EVWD to cast a vote on behalf of the District for the Chair and Vice Chair for Region 9 at the ACWA Membership Meeting on September 12, 2003. 13. Consideration of Scholarship Agreement for the "Water Resources Institute" at Cal State University San Bernardino (CSUSB). 14. Claim from customer, Donna Horton, for reimbursement of reconnection fee at 25426 Paloma Rd. in San Bernardino. REPORTS 15. August 19, 2003 - Releases of Lien for Delinquent Water and Sewer Accounts. 16. General Manager's Report 17. Oral Comments from Board of Directors. CORRESPONDENCE 18. Response letter to the City of Highland respectfully declining their offer to purchase the District's 5th and Webster Street property. ]MEETINGS 19. BUS[NESS AFTER HOURS hosted by Toyota, 650 Auto Center Drive, San Bernardino, CA., August 28, 2003. :20. ASBCSD MEMBERSHIP MEETiNG hosted by Baldy Mesa Water District, Green Tree I~m, Victorville, CA., September 15, 2003. 21. BUSINESS CONFERENCE GET-A-WAY hosted by the Highland Chamber of Commerce, Temecula Valley at the Embassy Suites, November 8-10, 2003. ADJOURN 2 DRAFT SUBJECT TO APPROVAL EAS'r VALLEY WATER DISTRICT AUGUST 12, 2003 REGULAR BOARD MEETING 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, Wilson, Goodin ABSENT: Director Negrete STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Mary Wallace, Administrative Assistant LEGAL COUNSEL: Steve Kennedy GU]~ST(s): Jo McAndrews, Charles Roberts (Highland Community News), Elena Arnold (Press Enterprise), Stephen Wall (The Sun), Jim Cimino APPROVAL OF AGENDA MdS/C (Sturgeon-Lightfoot) that the August 12, 2003 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 22, 2003 BOARD MEETING MINUTES. M/S/C (Sturgeon-Wilson) that the July 22, 2003 Board Meeting Minutes be approved as submitted. Minutes: 03/25/03 APP~ROVAL OF JULY 24, 2003 SPECIAL BOARD MEETING MINUTES. M~S/C (Sturgeon-Wilson) that the Suly 24, 2003 Special Board Meeting M'mutes be approved as submitted. APPROVAL OF JULY 31, 2003 SPECIAL MEETING MINUTES (BOARD WORKSHOP). M/S/C (Sturgeon-Wilson) that the July 31, 2003 Special Meeting Minutes be approved as submitted. DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND CENTEX HOMES TO PROVIDE WATER AND SEWER SEI?~VICE TO 132 DWELLING UNITS WITmN TRACT #16003 LOCATED AT Till*, EAST END OF BASELINE IN TIlE CITY OF HIGltLAND was presented to the Board for approval. M_YS/C (Sturgeon-Wilson) that the Development Agreement between East Valley Water District and Centex Homes be approved. RESOLUTION 2003.37 - DEDICATION OF WATER DISTRIBUTION SYSTEM WITItlN TRACT 14326 (LOTS 204-325) IN TIlE CITY OF ItlGItLAND was presented to the Board for approval. M/S/C (Sturgeon-Wilson) that Resolution 2003.37 be approved. RESOLUTION 2003.38 - DEDICATION OF SEWERS WlTItlN TRACT 14326 (LOTS 204-325) IN TIlE CITY OF ltlGItLAND was presented to the Board for approval. M/S/C (Sturgeon-Wilson) that Resolution 2003.38 be approved. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The General Manager stated that the charges identified by Account Numbers: 1120305-03 and 1230759-02 had been paid and should be removed from the lien list. M/S/C (Sturgeon-Wilson) that the hens for delinquent water and sewer accounts be aplxoved for processing w/th the exceptions as noted by the General Manager. 2 Minutes: 08/12/03 DISBURSEMENTS ~, Ivl/S/C (Sturgeon-Wilson) that General Fund Disbursements #194025 through 194274 distributed during the per/od of July 23, 2003 through August 6, 2003 in the amount of $1,323,398.67 and Payroll Fund Disbursements for the period ended July 11, 2003. in the amount of $84,594.74 totaling $1,407,993.41 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING OFFER TO PURCIIASE DIS'rRICT'S PROPERTY LOCATED ON FII*TH STREET, WEST OF WEBSTER STREET IN TIlE CITY OF ITIGFI!,AND. No action was taken at this time. Item was deferred until after Closed Session. RADON RULE UPDATE The General Manager reported on the District's progress w/th the Rule to date; that progress was behag made on more realistic water and air requirements regarding the Radon issue. Information only. DIltECTOR's FEES AND EXPENSES FOR JUNE & JULY 2003 were presented to the Board for approval. MdS/C(Lighffoot-Wilson) that the Directors fees and expenses for June and July 2003 be approved. A SIGNED PETITION AND REQUEST FROM DISTRICT ElVIPLOYEES TO CLOSE TIlE DISTRICT OFFICE ON FREDAY~ DECEMBER 26, 2003 TO ALLOW FOR AN EXTENDED CHRISTMAS HOLIDAY was presented to the Board for approval. M/S/C (Wilson-Lightfoot) that the petition from the employees to close the District office on December 26, 2003 and use a personal vacation day be granted. AN~ ADDITIONAL STAFFING POSITION OF A "SAFETY AND REGULATORY AFFAIRS COORDINATOR" was presented to the Board for approval. M/S/C (Sturgeon-Wilson) that a "Safety and Regulatory Affairs Coordinator" position be added to the District's staff. SCItEDULING A TOUR OF DISTRICT FACILITIES IN OCTOBER 2003. The General Manager suggested that the next tour of the Water District and related facilities be scheduled for Wednesday, October 15th. 3 Minutes: 08/12/03 RELEASES OF LI~N FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on July 28, 2003 was reviewed. Information only. GElq~RAL MANAGER'S REPORT The General Manager reported on the District's operations to date; that President Good'm, Vice President Wilson, Attorney Steve Kennedy and he would be going to Sacramento to meet with Cheryl Alien (Department of Real Estate) on August 25th to discuss the Patton Property and golf course lease; Steven Kennedy briefly discussed the status of the Roclney Harraon Bankruptcy Case. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Goodin stated that the only papers filed for the two seats available on the East Valley Water District's Board were Donald Goodin and Kip Sturgeon. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. DEDICATION & RIBBON CUTTING CEREMONY FOR THE 5TH STREET BR]I)GE AT CITY CREEK, SPONSORED BY TltE CITY OF HIGHLAND, AUGUST 15, 2003, Information only. CLOSED SESSION M/S/C (Lightfoot-Wilson) that the meeting adjourn to Closed Session. The Board entered into Closed Session at 2:25 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the Agemda. 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 2:35 p.m. The item listed on the Agenda was discussed in closed session with no reportable action being taken on Agenda Item $$21 and returned to Agenda Item #11. 4 Minutes: 08/12/03 DISCUSSION AND POSSIBLE ACTION REGARDING OFFER TO PURCHASE DISTRICT'S PROPERTY, IDENTIFIED AS APN:1201-361-01,02, & 03, LOCATED ON FIFTH STREET, WEST OF WEBSTER STREET IN THE CITY OF ]~IGHLAND. M/S/C (Sturgeon-Wilson) that the offer from the City of Highland to purchase the DistuJct's property on Fifth Street, West of Webster respectfully be declined. ~D3rOURN The meeting was adjourned at 2:40 p.m. until the next regularly scheduled Board Meeting on August 26, 2003. Donald D. Goodin, President Robert E. Martin, Secretary 5 Minutes: 08/12/03 DEVELOPMENT AGREEMENT THIS .AGREEMENT is made this day of ., , by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and STANDARD PACIFIC COP, P, a California Company (hereinafter "the DEVELOPER"). RECITALS A. The DISTRICT is a County Water District organized and operating pursuant to Califc~rnia 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 northeast of Highland Avenue and Pleasant View Lane, in the City of Highland, County of San Bernardino, State of California, and is generally identified as Tract No. 15985-3 (hereinafter "the PROPERTY"). A copy of the Tentative Tract Map for the PROPERTY is attached hereto as Exhibit "A*' and is incorporated herein by this reference. C. The development of the PROPERTY will consist of 22 dwelling units, and the DEVELOPER desires that the DISTRICT provide domestic water and sewer service to the PROPERTY. The DEVELOPER intends to design and construct the facilities necessary for water and sewer service to be furnished to the PROPERTY. D. The DISTRICT supplies domestic water and sewer service within the area to be served and is the public agency empowered by law to provide such services to the PROPERTY. E. The purpose of this AGREEMENT is to provide the terms and conditions under which the DEVELOPER wilI design and construct the facilities necessary for the DISTRICT to supply water and sewer service to the PROPERTY (hereinafter "the PROJECT"). COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: Section 1. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in the following mariner and according to the Rules and Regulations of the DISTRICT: a. The DISTRICT agrees to provide to the DEVELOPER tentative water and sewer plans which corrfonu to the requirements of the DISTRICT. b. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in accordance with the DISTRICT's Standards for Design and Processing of Water and Sewer Plans and the tentative plans provided by the DISTRICT. The designs shall be submitted to the DISTRICT in a complete form which shall provide sufficient information for review and approval by the DISTRICT in the exercise of its sole discretion. c. The DISTRICT may request certain changes in the plans to provide for oversizing of facilities, which DEVELOPER agrees to incorporate into the plans and specifications for the PROPERTY. d. The DEVELOPER shall furnish the DISTRICT with any and all easements necessary for the construction, operation, maintenance, and repair of any and all water and/or sewer facilities to be installed and/or used for the PROJECT. Al1 easements shall be submitted to the DISTRICT for review and approval by the DISTRICT in the exercise of its sole discretion prior to the DISTRICT's acceptance of any dedication of the PROJECT facilities under Section 6 of this AGREEMENT. e. The DEVELOPER shall submit 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 2 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 follow'rog manner subject to the DISTRICT's approval: a. The DEVELOPER shall obtain all necessary permits from the (city or county) and all other public or private agencies required for the construction thereof. The PROJECT and the facilities appurtenant thereto shall be constructed at a location determined by the DISTRICT, and shall be relocated by the DISTRICT at the DEVELOPER's sole expense if such relocation is deemed necessary by the DISTRICT in its sole discretion. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY and all other locations where the work contemplated herein is to be performed. b. All facilities constructed pursuant to this AGREEMENT shall be in accordance with accepted standards and practices in the industry and in compliance with all local, state, and federal laws, rules, and regulations. The DEVELOPER shall be responsible for providing all labor, materials, and equipment necessary to perform the work for the PROJECT, and such work shall be performed in a timely and workmanlike manner by a party or entity acceptable to the DISTRICT. All such facilities shall conform to the DISTRICT's Standard Specifmations 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, andJor 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 trader 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 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 m~ount of not less than 100 percent of the estimated construction costs containing covenants which are acceptable to the DISTRICT and the City of Highiand. 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 aiso procure and mainta'm during the performance of this AGREEMENT such policies of insurance, bonds from an acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms of security, in amounts and upon terms deemed sufficient by the DISTRICT in its sole discretion to protect the DISTRICT from any and all exposure to loss and/or liability. Section 5. COSTS FOR OVERSIZING. Pursuant to Section 1 .c. of this AGREEMENT, the DISTRICT agrees to pay to the DEVELOPER the incremental cost of oversizing any PROJECT facilities greater than twelve inches (12") in diameter for water distribution pipelines and ten inches (10") in diameter for sewage collection pipes. The DISTRICT shall determine the amount of the incremental cost of oversizing and the method of payment in the exercise of its sole discretion prior to its acceptance of the PROJECT facilities. Section 6. DEDICATION OF FACILITIES. a. The DEVELOPER shall, upon completion of the construction of ali 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 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 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 evem:s 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 th,: DEVELOPER is in breach, default, or violation of this AGREEMENT or any rule, regu]iation, 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 temps of tkis 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 fire 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 clah~as 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 tl~e 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 Califbm/a 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 therezrader 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 ar/se from the aforementioned whether such claims are currently laaown 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 h~juries, 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 miscc,nduct of the DISTRICT, the DEVELOPER shall indemnify and hold the DISTRICT and its of~Scers, directors, agents, and employees harmless from and against all claims and liabilities of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on the part of the DEVELOPER and/or its officers, directors, shareholders, partners, assignees, guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with the ]PROPERTY, the PROJECT, and the performance of their obligations under this AGREEMENT, including design defects, even if occurring after the completion of the PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees fi.om any suits Or actions at law or in equity for damages, and pay all court costs and counsel fees in cormection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and hold the DISTRICT harmless from and against all cla'uns, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs, expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and accountants), and all foreseeable and unforeseeable consequential damages which might arise or be asserted against the DISTRICT and/or the DEVELOPER with regard to the PROPERTY and/or the PROJECT which are alleged and/or determined to be tortious, and/or in violation of present and future federal, state, and local laws (whether under common law, statute, rule, regulation, or otherwise), including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, Califonfia 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 wrifmg or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated as of mailing or in the case of personal delivery, as of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section, If to the DISTRICT: East Valley Water District P.O. Box 3427 1155 Del Rosa Avenue San Bernardino, CA 92413 Attn: General Manager If to the DEVELOPER: Standard Pacific Corp 255 E. Rincon Street, Suite 200 Corona, CA 92879-1330 Attention: 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 submi~tted 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 reimbursemem 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 prewdling party therein shall be entitled to recover all attorneys fees and other costs actually incurred in comaection with reaching a resolution of the dispute whether or not an action, claim, or lawsuit is filed. In any action brought, the entitlement to recover attorneys fees and costs will be considered an element of costs and not of damages. Section 15. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs, successors, legal representatives, and assigns, and each of the shareholders and partners of the DEVELOPER in their individual, separate, and/or other capacities. Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the pa~ies 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 oft/tis 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 inte[preted aga'mst 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 tkis AGREEMENT shall continue in full force and effect. Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and the pexties hereto agree to proceed in good faith, with due diligence, to complete all covenants and conditions set forth herein and to perform such further acts as is reasonably necessary to effectuate the purpose of this AGREEMENT. Section 22. AUTHORITY. Each individual executing this AGREEMENT on behalf of a party hereto represents and warrants that he or she is fully and duly authorized and empowered to so execute on behalf of such party, and that this AGREEMENT is binding in the rammer 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: KobE~rt E. Martin East Valley Water Distr±ct Secretary, Board of ' et is By: 7 ~~ -- ,Standard Pacific Corp (authOrized signature) ~ ATI'EST: 11 Nota~.~ Public 12 EX.BIT "A" [Tentative Tract Map for the PROPERTY] 13 CERTIFICATE OF LIEN AUGUST 26, 2003 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWE...~D 1. 0070136-06 $93.64 2. 0140229-04 $55.10 3. 0170047-02* $114.38 4. 0t70095-03' $78.6:2~' 5. 033~]130-05' $88.52 6. 034Cr138-05 $39.81 7. 0350084-05 $58.18 8. 0720252-02* $159.02 9. 0730186-05+ $96.74 10. 0920123-04+ $36.20 11. 094{)079-03+ $90.06 12, 0941)165-06 $32.:!8 13. 1030153-01' $174.12 14. 1040021-05* $123.68'" 15. 1120073-05 $150.29 16. 1160748-04* $88.62 17. 1260230-00 $97.16 / t8. 1260309-01' $39.89 19. t520211-00' $22.14 20, 1540321-01' $91,75/' 21. 1651020-01 $109.85 TOTAL ~ $1,840,,05 *STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 East Valley Water District Balance Sheet - Unaudited June 30, 2003 ASSFTS UTII. ITY PLANT - at cost: Utility plant in service - water department $74,784,785 Utility plant in service - sewer department 22,013,188 98,797,973 Less: Accumulated depreciation (29,755~038) 67,042,935 Construction in progress 8,594,397 Land held for resale 2,207,749 77,845,081 RESTRICTED ASSETS: Watar department - bond funds - cash in bank 6,475 Cedificate of Participation reserved funds - cash in bank 1,236,025 Reserved funds - designations - cash in bank 2,186,450 3,428,950 CURRENT ASSETS: Cash and Investments 11,296,819 Less: Restricted Cash and Investments 3,428,950 7,867,869 Accounts receivable (net of allowance) 1,024,810 Othar receivables (net of allowance) 104,565 Inventory 746,449 Prepaid expenses 155,759 9,899,452 OTHER ASSETS AND DEPERRED COSTS (Net of Arnortlzation): Bond discount and incidental bond expenses 25,014 Deferred financing charges 404,351 429,365 TOTAL ASSETS $91,602,848 East Valley Water District Balance Sheet - Unaudited June 30, 2003 LIABIILITIES AND EQUITY LONG-TERM DEBT: Certificates of Participation due after one year $13,766,065 Less: Deferred amount on refunding of COPs (714,553) 13,051,512 CURRENT LIABILITIES: Accounts Payable 1,899,007 Accrued payroll and benefits 593,932 Customer service deposits 1,148,310 Defe=rred Rental Income 2,500 Accrued interest payable 65,536 Deposits - refundable 260,650 Certificates of Participation due within one year 1,726,266 5,696,201 TOTAL LIABILITIES 18,747~713 EQUITY: Contributed capital: Invested in utility plant 27,356,571 Other contributed capital 3,695,064 Retained earnings: Reserved for water bond funds 6,475 Reserved for emergencies 2,170,000 Reserved for unemployment insurance 16,450 Unreserved 37,794,186 Net Income for current year 1,816,389 TOTAL EQUITY 72,855,135 TOTAL LIABILITIES AND EQUITY $91,602,848 oo oooooooo ~ ~ooo o ooooo oooo oo ~ ~ ~ o ~ o ooooo . oooo o East Vi ey Water District Board Memorandum Date: AUGUST 2(~, 2003 From: Brian W. Tompkins / Chief Financial Officer Subject: Disbursements, ~ Recomn~endation: Approve the attached list of accounts payable checks and payroll issued during the period August 13, 2003 through August 21, 2003. Background: Accounts payable checks are shown on the attached listing and include numbers 194275 to 194398 for A total of $262,335.80. The source of funds for this amount is as follows: COP Construction Funds Funds depleted EPA Grant Funds Unrestricted Funds $262,335.80 Payroll dlisbursed was for the period ended August 15, 2003 and included checks and direct deposits, Totaling $90,221.54. Fiscal Impact: Total disbursements- $352,557.34. Uo 0 00o 0 o oO o oO 0 o o u ~ > o~oooo oo o o o o o o o o o0 o0 o0 o0 o o o o o ~oo ~ o q o cR o o. ...~ m. c~ o o c~ o ooo TOM DODSON & ASSOCIATES 2150 N. ARROWHEAD AVENUE SAN BERNARDINO, CA 92405 TEL (909) 882-3612 · FAX (909) 882-7015 E-MAIL ~nramp.com August 12, 2003 Mr. Robert Martin, General Manager East Valley Water District 1155 Del Rosa Avenue San Bernardino, CA 92413 Subject East Valley Water District's (EWND) Plant 146 Well Rehabilitation Project (SCH #2003071053) Dear Mr. Martin: The public comment period on the proposed Negative Declaration closed on August 11, 2003. No adverse comments were received. Therefore, it is our recommendation that a Negative Declaration is the appropriate CEQA determination for this project. If District staff concurs, it should provide the Board with the following data in the Staff Report. An Initial Study that meets current CEQA requirements was prepared for this project. Based on data provided in the Initial Study, it was determined that potential impacts to the environment were either non-signific, ant or can be reduced to less than significant levels through implementation of the mitigation rneasures provided in the lnitial Study. The lnitial Study and proposed Negative Declaration were circulated for public review and comment in a manner prescribed by CEQA, including the State Clearinghouse. The public review and comment period ended on August 1'/, 2003. No comment received. Because no impacts to biological resources were identified in the Initial Study, it is appropriate to adopt a De Minimus Impact Finding for the project. If staff concurs, its recommendation to the Board shall be to: Adopt the Negative Declaration; Adopt the Mitigation Monitoring and Reporting Program; adopt a De Minimus Impact Finding; and File the Notice of Determination and Certificate of Fee Exemption with the County of San Bemardino Clerk of the Board of Supervisors and the State Office of Planning and Research, State Clearinghouse. Enclosed are the following: · One (1) Negative Declaration Ten (10) copies of the Mitigation Monitoring and Reporting Program Mr. Robert Martin August 12, 2003 Page 2 One (1) Certificate of Fee Exemption · Two (2) Notice of Determinations ;Fen (10) copies of the Initial Study Posting of the Notice of Determination and Certificate of Fee Exemption with the County requires the District to pay a $35.00 administrative handling fee to the County. Thank you '[or allowing Tom Dodson & Associates to assist you with this project and should you have any questions or comments, please call. Vice PreskJent BG/cmc Mitigated Negative Declaration Lead Agency: East Valley Water District (EVWD) Contact: Mr. Paul Dolter, P.E. 1155 Del Rosa Avenue (POB 3427) Phone (909) 888-8986 San Bernardino, CA 92413 Project Title: EAST VALLEY WATER DISTRICT'S (EVWD) PLANT 146 WELL REHABILITATION PROJECT State Clearinghouse Number: SCH #2003071053 Project Location: Southeast 1/4 Section 3, TlS, R3W SBM, City of Highland, County of San Bernardino Project Description: EVWD is proposing to rehabilitate an existing well at its Plant 146 site. The well was constmctedi in 1957 without a gravel pack. Over the years, the well began to produce water with unacceptable levels of sand and. other sediments. EVWD is proposing to install a new smaller casing liner within the existing casing, a gravel pack, a sanitary seal and other equipment. When completed, the rehabilitated well will again supply water to the EVWD system. Finding: EVWD's decision to implement this well rehabilitation project is a discretionary decision or"proj ect" that requires evaluation under the California Environmental Quality Act (CEQA). This mitigated negative declaration is the East Valley Water District's CEQA determination for this project. Initial Study: Copies of the Initial Study are available for public review at the East Valley Water District, 1155 Del Rosa Avenue, San Bernardino, CA 92413. The public review period for the Initial Study closed on August 11,2003. Mitigation Measures: All mitigation measures identified in the Initial Study have been adopted as conditions of thc project and will be implemented through a mitigation monitoring and reporting program adopted with the Negative Declaration. Signature (Public Agency) Date Title CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minirnis Impact Finding Project Title / Location (include county): East Valley Water District's (EVWD) Plant 146 Well Rehabilitation Project Southeast 1/4 Section 3, TlS, R3W SBM, City of Highland, County of San Bernardino Project Description: EVWD is proposing to rehabilitate an existing well at its Plant 146 site. The well was constructed in 1957 without a gravel pack. Over the years, the well began to produce water with unacceptable levels of sand and other sediments. EVWD is proposing to install a new smaller casing liner within the existing easing, a gravel pack, a sanitary seal and other equipment. When completed, the rehabilitated well will again supply water to the EVWD system. Findings of Exemption (attach as necessary): EVWD provides water service to existing development in a highly urbanized area of the cities of Highland and San Bemardino. No natural topography or native vegetation or habitat exists on or near the site. System improvements (pump, motors, well casing, etc.) will be placed on the existing Plant 146 site and existing roads. No wildlife or native habitat will be affected by this project. Certification: I hereby certify that the public agency has made the above finding and that the project will not identify or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Mr. Robert Martin Title: General Manager Lead Agency: East Valley Water District Date: Notice of Determination To: t/ County Clerk of the Board From: East Valley Water District (EVWD) County of San Bemardino 1155 Del Rosa Avenue (POB 3427) 385 N. Arrowhead Avenue San Bemardino, CA 92413 San Bernardino, CA 92415 Subject: Filing ofNotice of Determinafion in compliance with Section 21108 or 21152 ofthe Public Rasources Code. East 'Valley Water District's (EVWD) Plant 146 Well Rehabilitation / Development Project Project Title SCH #2003071053 Mr. Paul Dolter, P.E. (909) 888-8986 State Clearinghouse Number Lead Agency Area Code/Telephone/Extension (If submitted to Clearinghouse) Contact Person Southeast l/4 Section 3, T 1 S, R3W SBM, City of Highland, County of San Bemardino Project Location (include county) Project Description: EVWD is proposing to rehabilitate an existing well at its Plant 146 site. The well was constracted in 1957 without a gravel pack. Over the years, the well began to produce water with unacceptable levels of sand and other sediments. EVWD is proposing to install a new smaller casing liner within the existing casing, a gravel pack, a sanitary seal and other equipment. When completed, the rehabilitated well will again supply water to the EVWD system. A Notice of Intent to adopt aNegative Declaration was posted with the State Clearinghouse on July 8, 2003 and the Clerk of the San Bemardino County Board of Supervisor on July 10, 2003. No comments were received. This is to advise that the East Valley Water District has approved the above described project on [] Lead Agency [] Responsible Agency and has made the following determination regarding the above described project: (Date) t. The project [rn will [] will not] have a significant effect on the environment. 2. [] An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. [] A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [[] were [] were not] made a condition of the approval of the project. 4. A Statement of Overriding Considerations [~n was [] was not] adopted for this project. This is to certify that the Initial Study and record of project approval is available to the General Public at: East Valley Water District, 1155 Del Rosa Avenue, San Bernardino, CA 92413 Signature (Public Agency) Date Title Notice of Determination To: ~ Office of Planning and Research From: East Valley Water District (EVWD) State Clearinghouse 1155 Del Rosa Avenue (POB 3427) 1400 Tenth S~xeet San Bernardino, CA 92413 Sacramento, CA 95814 Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. East Valley Water District's (EVWD) Plant 146 Well Rehabilitation / Development Proiect Project Title SCH #2003071053 Mr. Paul Dolter, P.E. (909) 888-8986 State Clearinghouse Number Lead Agency Area Code/Telephone/Extension (If submitted to Clearinghouse) Contact Person Southeast 1/4 Section 3, T1 S, R3W SBM, City of Highland, County of San Bernardino Project Location (include county) Project Description: EVWD is proposing to rehabilitate an existing well at its Plant 146 site. The well was constructed in 1957 without a gravel pack. Over the years, the well began to produce water with unacceptable levels of sand and other sediments. EVWD is proposing to install a new smaller casing liner within the existing casing, a gravel pack, a sanitary seal and other equipment. When completed, the rehabilitated well will again supply water to the EVWD system. A Notice of Intent to adopt aNegative Declaration was posted with the State Clearinghouse on July 8, 2003 and the Clerk of thc San Bernardino County Board of Supervisor on July 10, 2003. No comments were received. This is to advise that the East Valley Water District has approved the above described project on [] Lead Agency [] Responsible Agency and has made the following determination regarding the above deseribed project: (Date) 1. The project [n will ~ will not] have a significant effect on the environment. 2. [] An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. [] A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [[] were o were not] made a condition of the approval of the project. 4. A Statement of Overriding Considerations [[] was [] was not] adopted for this project. This is; to certify that the Initial Study m~d record of project approval is available to the General Public at: East Valley Water District, 1155 Del Rosa Avenue, San Bemardino, CA 92413 Signature (Public Agency) Date Title Initial Study for the East Valley Water District Plant 146 Well Rehabilitation Project Prepared by: EAST VALLEY WATER DISTRICT 1155 Del Rosa Avenue San Bernardino, California 92413 (909) 888-8986 Preparation assistance by: TOM DODSON & ASSOCIATES 2150 N. Arrowhead Avenue San Bernardino, California 92405 (909) 882-3612 JULY2003 East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STU DY TABLE OF CONTENTS PROJE. CT DESCRIPTION ............................................... 1 Introduction .................................................... 1 Location ...................................................... 1 Environmental Setting ............................................ 4 Project Characteristics ........................................... 4 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ...................... 7 DETERMINATION ..................................................... 8 ENVIRONMENTAL CHECKLIST .......................................... 9 I. Aesthetics ................................................... 9 II. Agricultural Resources .......................................... 10 Iii. Air Quality ................................................... 1 1 IV. Biological Resources ........................................... 14 V. Cultural Resources ............................................ 15 VI. Geology and Soils ............................................. 16 VII. Hazards and Hazardous Materials ................................. 18 VIII. Hydrology and Water Quality ..................................... 20 IX. Land Use and Planning ......................................... 22 X. Mineral Resources ............................................. 22 Xl. Noise ....................................................... 23 XII. Population and Housing ......................................... 25 XlII. Public Services ............................................... 25 XIV. Recreation ................................................... 26 XV. Transportation/Traffic .......................................... 27 XVI. Utilities and Service Systems ..................................... 28 XVII. Mandatory Findings of Significance ................................ 29 MITIGATION MEASURES ............................................... 30 REFERENCES ........................................................ 30 EV-060/I,~itial Study1062403 -ii- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY LIST OF FIGURES Figure 1 Regional Location ............................................ 2 Figure 2 Vicinity Map ................................................ 3 Figure 3 Photographs of Plant 146 ...................................... 5 Figure ,~- Photographs of Surrounding Area ................................ 6 EV-O60/Ir,itial Study/062403 -iii- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY PROJECT DESCRIPTION: Introduction East Valley Water District (EVWD or District) is a public agency formed to provide domestic water services to customers in the easterly portion of the City of San Bernardino, the City of Highland and some adjacent, unincorporated areas of the County of San Bemardino. The District is governed by a Board of Directors (Board) comprised of five members elected at large from within the District. It is the, District's responsibility to provide safe, reliable source of potable water to its customers. One of the District's important water production facilities, Plant 146, contains two groundwater production wells. The first well installed was put into production in 1957 to supply water for agricull:ural purposes. In 1995, EVWD obtained the well and converted it for domestic water supply purposes. This well historically produces about 2,200 gallons per minute (gpm) of water. This well was constructed without a gravel pack and began to produce water containing sand. Ultimately the well began to produce water with unacceptable amounts of sand. This condition adversely effects water supply facilities (pumps, valves, etc.) and is not acceptable for domestic uses. To maintain the important water supply capabilities of Plant 146, EVVVD installed a second well onsite and removed the original well from production by removing the pumping equipment, severing electrical connections, and disconnecting it from the water system. Potential impacts associated with development and operation of the second well were evaluated by a previous California Environmental Quality Act (CEQA) compliance document and determina- tion pr,~pared and adopted by EVWD. The new well has a pumping capacity of about 1,500 gpm. To make up for lost water production capacity at Plant 146, EVWD is proposing to rehabilitate the original well and place it back into production. EVWD anticipates that the rehabilitated well will produce about 700 to 800 gpm. It should be noted that the well at Plant 146 extract water from the Bunker Hill Groundwater Basin (Basin). Water production rights in the Basin have been generally adjudicated with no limit on the amount of water EVVVD or other producers can extract. Therefore, the amount of water produced at Plant 146 would not violate the adjudication or have a significant adverse effect on the quantity and quality of groundwater in the Basin. A further discussion of this issue is provided in Section Viii, Hydrology/Water Quality of this Initial Study. The purpose of this project is to provide EVWD customers with an adequate supply of high quality ddnking water. Location Plant 146 is located at the southwest corner of Church Street and East 5th Street in Section 3, T1 S, R3W SBM in the City of Highland, San Bernardino County, California. Figure 1 is a Regional Location map and Figure 2 is a Vicinity map. EV-060/lnitial Study/062403 -1 - TOM DODSON & ASSOCIATES FIGURE 1 Regional Location Map Source: USGS - San Bernardino, 1:250,000 Quadrangle Tom Dodson & Associates Environmental Consultant~: FIGURE 2 Vicinity Map Source: U:-~GS - Redlands, 7,5 Minute Series Quadrangle Tom Dodson & Associates Environmental Consultants East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY Environmental Setting The sitE; has been completely developed as a water production facility. It has been leveled, compacted and no native vegetation exists on or near the site. Existing residential development occurs to the east, southeast, north, and northwest. Undeveloped but regularly plowed [and exists to the south and west. Figures 3 and 4 are photographs of the site and adjacent areas. Agricultural development in the area altered the areas topography and removed native vegetation and habitat over 100 years ago. Agricultural uses have been replaced with urban development. The site is not within designated critical habitat of any listed biotic species. Plant 146 is enclosed within an existing block wall fence that is gated. Proiect Characteristics Rehabilitation of the well will result in the existing well casing being left in place. A new, smaller casing liner will be placed inside the existing casing and a gravel pack installed between the casings to filter sand and other sediments from the water being extracted. New electrical and pumping equipment and discharge plumbing will be installed. A sanitary seal will be added and the well wil'[ be connected to the existing EVWD system. At this time, EVWD anticipates this well will produce about 700 to 800 gpm of water. This estimate is based on current groundwater levels, the size of the new, smaller casing and the pumping equiprc~ent. It is possible that pumping capacity of this well could increase if groundwater levels rise and higher capacity pumping equipment is installed. As previously stated, the water pumping rights of individual producers are not limited by the Basin adjudication. Therefore, an increase in water production above historic levels at Plant 146 would not violate the adjudication or have a significant adverse effect the quantity and quality of groundwater. See Section VIII, Hydrology/ Water Quality of this Initial Study. Funds to construct these facilities will be or have been provided from user developer fees and the District's reserve fund. Implementation of this project requires the Board of Directors (Board) of the EVWD to approve the expenditure of the funds to construct and operate the proposed water improvements. While these approvals will not result in any direct effects on the physical environment, it will provide the mechanism for the activities that could cause physical change to the environment. Such a decision by the Board is discretionary and considered a "project" under the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). As such, the Board must consider the potential impacts to the environment from approving and implementing this project and comply with the requirements of CEQA to make a determination on the sig nificance of the potential impacts. The State Department of Health Services (DHS) must also revise EVWD's permit to operate its water system by adding this well to the permitted system. This document is prepared in such a manner that DHS and/or other agencies can utilize this document and the Lead Agency's CEQA determination to make decisions on the project if they determine their actions are subject to CEQA. This concludes the project description. If the Board provides the approval needed, the project will be implemented as outlined above. The remainder of this Initial Study consists of the most recent District CEQA Environmental Checklist Form and the substantiation required to support the conclusions presented in this Form. Based on the findings and conclusions of this initial Study, the EV-060/~ritia[ Study/070303 -4- TOM DODSON & ASSOCIATES FIGURE 3 Site Photographs Well to be rehabilitated at Plant 146 Looking west at Plant 146 FIGURE 4 Photographs of Surrounding Area Looking north from Plant 146 Looking southwest from Plant 146 East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY Board has made a preliminary determination that a Mitigated Negative Declaration is the appro- priate CEQA determination for this project. A final environmental determination will be made follow- ing the close of a 30-day comment period. Any comments received on the Initial Study will be reviewed and considered by the Board when making the final environmental determination. The Board will make a final decision regarding the appropriate environmental determination for this proposed project according to CEQA and the State CEQA Guidelines prior to making a decision on the proposed project. The Environmental Checklist follows. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [3 Aesthetics Q Agriculture Resources Q Air Quality r~ Biological Resources ~1 Cultural Resoumes [3 Geology & Soils [3 Hazards & Hazardous Materials r~ Hydrology&Water Quality [3 Land Use & Planning Q Mineral Resources [3 Noise [3 Population & Housing [3 Public Services ~1 Recreation [3 Transportation / Traffic [3 Utilities & Service Systems [~ Mandatory Findings of Significance EV-06011niti.[ Study/062403 -7- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 We]i Rehabilitation Project INITIAL STUDY DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation, the following finding is made: The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. · Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent or adequate mitigation has been provided to reduce potential impacts below a level of significance. A MITIGATED NEGATIVE DECLARATION will be prepared. The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it may analyze only the effects that remain to be addressed. I-I Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATtON pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. B~ll Gatlin (signature) Dat~ / Prepared by Tom Dodson & Associates (signature) Date Robert Martin, General Manager East Valley Water District EV-060/Initiel Study1062403 -8- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY ENVIRONMENTAL CHECKLIST: Potentially Less than Less Wan I. Ar=STHETICS - Would the project: a. Have a substantial adverse effect on a scenic vista? Ct Ct r~ · b. Substantially damage scenic resources, including but Fi r~ Ct · not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?. c. Substantially degrade the existing visual character or Ct I-I · Fi quality of the site and its surroundings? d. Cireate a new source of substantial light or glare ~) Ct Ct · Which would adversely affect day or nighttime views in the area? SUBSTANTIATION: a&c. Plant 146 is located within an urbanized portion ofthe Cityof Highland. Surrounding uses are open land or residential development with infrastructure. The well, appurtenant facilities, and any structures will occupy less than 0.5 acre and will be less than one-story in height which is similar to existing structures in the area. The existing wall and landscaping of the site eliminates views of the wells and equipment from offsite (see Figures 3 and 4). No changes in the current visual setting of Plant 146 will result from this project. No scenic vistas will be affected by the project. Based on the above, it is concluded this project has no potential to cause a substantial effect on a scenic vista or substantially degrade the visual character or quality of the site and the developed surrounding area. 3''o further mitigate potentially non-significant impacts to the greatest extent feasible, the following measure shall be implemented: I.,1 ,All above-ground structures shall be covered with neutral, non-reflective coatings that blend with surrounding uses and color schemes. b. This project will not result in damage to any scenic resources. No trees, rock outcroppings or historic buildings exist on the site. The site is not located adjacent to a state scenic highway corridor. Because all new equipment proposed will be of Iow height and placed within the existing walled site, it is concluded this project will not be visible from or adversely effect any scenic highways or other ,,;cenic resources. Because no impact can be identified, no mitigation is required. d. No exterior lighting is proposed by this project, implementation of Mitigation Measure I-1 above is judged adequate to mitigate any potential impacts associated with glare to a less than significant level. EV-O60/[~itial Study/062403 -9- 'rom DODSON & ASSOCIATES East Valley Water District Plant 14(3 Well Rehabilitation Project INITIAL STUDY I1. AGRICULTURE RESOURCES -Would the project: a. Convert Prime Farmland, Unique Farmland or ~ ~ ~ · Farmland of Statewide Importance (Farmland) to non-agricultural use? b. Conflict with existing zoning for agricultural use or a [~ I~ [~ · VVilliamson Act contract? c. Involve other changes in the existing environment r~ ci ~1 · which, due to their location or nature, coutd result in conversion of Farmland to non-agricultural use? SUBSTANTIATION: a-c. Plant 146 has been a water production facility since 1957. No agricultural uses have occurred onsite since that time. While areas to the north, west, and south were previously used for agricultural pur- poses, these areas have been converted to residential or other urban uses or remains undeveloped I;~nd designated for urban type development. Land to the east has historically been used for residential uses. No agricultural land use designations occur near the project site. According to Exhibit V-3 of the (:;ity of Highlands General Plan, no prime, unique or statewide important farmlands occur on or near the site. Therefore, this project will not convert any farmland to non-agricultural uses, conflict with existing a~gricultural zoning or a Willliamson Act contract, nor result in the potential conversion of farmland to other uses. Because no impact will result, no mitigation is required. EV-060/Ir~itial Study/062403 -10- TOM OODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project I N ITIAL STU DY Potenaally Less than Less than SignificanlSignificant with SignificantNo Impact Mitigation Incorporalion Impact Impact III. AIR QUALITY - Where available, the significance criiteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation of the Ct I~ · Ct applicable air quality plan? b. Violate any air quality standard or contribute Ct ~ · CI substantially to an existing or projected air quality violation? c, Result in a cumulatively considerable net increase of r~ Ct · l~ any criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for o::one precursors)? d. Expose sensitive receptors to substantial pollutant CI Ct · Ct concentrations? e. Create objectionable odors affecting a substantial L-) Ct · I-I number of people? SUBSTANTIATION: a-c, Tlhe proposed project is located within the South Coast Air Basin (SCAB). The South Coast Air Quality Management District (SCAQMD) has jurisdiction over air quality issues and regulations within the SCAB, The SCAQMD has published its CEQA Air Quality Handbook (CEQA Handbook) that identifies threshold values for emissions to assist local agencies tn determining if a project's emissions could pose a significant threat to air quality and air quality standards. T;hese construction thresholds of significance are: ROC (Reactive Organic Compounds) 75 lbs/day NOs (Nitrogen Oxides) 100 lbs/day CO (Carbon Monoxide) 550 lbs/day PM~o (small particle dust) 150 lbs/day SOx (Sulphur Oxides) 150 lbs/day Plant 146 has been graded, compacted and paved. No earth-moving activities, except possibly some ~inor trenching for discharge plumbing will be required. No construction emissions from site development will result. Ii'~stalling the new casing, gravel pack and pumping equipment will result in a maximum of 20 vehicle tlrips per day for about 10 working days. The average roundtrip for vehicles delivering these materials and equipment will be about 30 miles based on the site proximity to sources of the materials and EVq360/IniCal Study/062403 -1 1- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project I N ITIAL STU DY equipment. These deliveries will result in about 600 vehicle miles being traveled on a worst-case day. Emissions from these few trips are minimal and well below SCAQMD's significance thresholds. CO 3.7 lbs/day ROC 0.2 lbs/day NOx 0.5 lbs/day PMlo 0.2 lbs/day Based on data provided in the CEQA Handbook, it is forecast that emissions from equipment and well rehabilitation will be minimal and below SCAQMD thresholds of significance. Based on data provided in the Initial Study prepared for a similar EVW D well rehabilitation project (Plant 132, SCH#2003011065), such activities are forecast to generate the following daily emissions for about 10 days. CO 16 lbs/day ROC 4 lbs/day NOx 42 lbs/day SOx 5 lbs/day PM~0 36 lbs/day Total Construction Emissions Based on the above, it is forecast that this project could generate the following short-term daily con- etruction emissions: CO 19.7 lbs/day ROC 4.2 lbs/day NOs 42.5 lbs/day SOx 5.0 lbs/day PM~0 36.2 lbs/day These are unmitigated impacts and are substantially below SCAQMD's threshold of significance. To mitigate potential impacts to the greatest extent feasible, the following measure shall be implemented: Jrll~ l The District's contract with the contractors shall require the contractor to provide verification that all equipment is in proper tune per the manufacturer's recommen- dation. ,Another potential short-term source of emissions is workers commuting to the site. Based on the few ~r~umber of workers required (less than 20) and the anticipated short-vehicle trips associated with worker commutes, it is concluded these potential short-term impacts do not exceed the SCAQMD's thresholds of significance for daily emissions. Once the well is operational, it will be powered by electricity supplied by Southern California Edison Company (SCE). The District anticipates the pump motor will be less than 200 BHP. Based on the relatively small size of the motor, the long-term emissions associated with SCE generating the small amount of electricity needed to operate this equipment are considered non-significant, Recent studies and reports indicate that adequate generation and distribution facilities are available to meet the anticipated demand for electricity in the SCE service area. It should be noted that this is a well rahabilitation project that will result in about the same amount of water being pumped at the site that occurred historically. Therefore, about the same amount of energy will be used at the site to power the well that previously occurred and this project does not create a new energy consumption use. Because no significant impact can be identified, no mitigation is required. EV-0S0~I~I S~udy/062403 -1 2- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STU DY b. The only pollutant associated with development and operation of the well are those generated as emissions from the combustion of petroleum products used by the equipment. The emissions are below the SCAQMD's threshold of significance. Due to the few pieces of equipment required at any given time, the amount of petroleum products consumed have no potential to expose receptors to a significant amount of pollutants. Implementation of Mitigation Measure II1-1 is considered adequate rrfitigation for potential impacts. c. The rehabilitation and operation of a domestic water well and appurtenant equipment have no identi- fiable potential to alter air movement, moisture, or temperature or cause a change in climate. No miti- gation is required. d. ']The only odors which will be generated by this project will be those from the construction equipment. ;rhese odors will be associated with exhaust emissions from the consumption of petroleum products (gasoline, diesel, etc.). Such odors are common in the urbanized areas near the project site. Due to the few pieces of equipment required, the short duration of construction and the ambient odor levels in the project area, it is concluded this project will not result in the creation of a significant amount of objectionable odors. Mitigation Measure II1-1 will reduce potential impacts to the greatest extent feasible. EV-060/Inftial StUdy/062403 -1 3- TOM DODSON & ASSOCIATES East Valley Water Distdct Plant 146 Well Rehabilitation Project INITIAL STUDY Po[entially Less than Less than Significant Significsnt ~lh Significant NO Impact Mitigation Incorporalion Impact Irnpac[ IV. BIOLOGICAL RESOURCES - Would the project: a. Have a substantial adverse effect, either directly or r~ r~ [] · through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian [] [] [] · habitat or other sensitive natural community icJientified in local or regional plans, policies, regulations or by the California Department of Fish al~d Game or US Fish and Wildlife Service? c. Have a substantial adverse effect on federally r~ r~ I-i · protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, mamh, w=.rnal pool, coastal, etc.) through direct removal, fillling, hydrological interruption, or other means? d. Interfere substantially with the movement of any ~ [~ [] · native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances [-I [] [] · protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat r~ [] [] · Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? SUBS']'ANTIATION: a-f. The project site and adjacent areas have been graded, developed, and all vegetation removed. No habitat for any sensitive plant or animal species exists on or adjacent to the site. No wetlands or riparian communities exist. The site is adjacent to residential development and no wildlife corridor or nursery site exist. The site does not contain any protected trees nor is it within a conservation plan area (see Figures 3 and 4). No impact to biological resources will result and no mitigation is required. EV-060/Initiai Study/062403 -14- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY V. CLILTURAL RESOURCES - Would the project: a. Cause a substantial adverse change in the r~ ~ · I-i significance of a historical resource as defined in § 15064.5? b. Cause a substantial adverse change in the I-I · [~ CI significance of an archaeological resource pursuant to § 15064.57 c. Directly or indirectly destroy a unique paleontological ~ · E] r~ resource or site or unique geologic feature? d. Disturb any human remains, including those interred I~ ~ · ~ outside of formal cemeteries? SUBSTANTIATION: a-c. Tlhe site has been graded, compacted and paved. No natural topography or habitat exists. Therefore, no potential for surface or near surface cultural resources (archaeological and paleontological) or unique geologic features exists. No excavations of the existing ground surface will be required to implement this project. All new facilities and equipment, except the well casing will be placed above- g~ound. The placement of a well casing liner inside an existing casing has no potential to adversely effect cultural resources. Based on the above, it is concluded this project has no potential to adversely eFfect cultural resources. No mitigation is required. d. No data suggests that buried human remains may occur on the project sites. Additionally, no such remains are known to have been encountered during development of the site. Based on the above and the relatively small area to be disturbed, it is concluded the potential to encounter human remains is very unlikely. State law requires that the appropriate authorities be contacted if human remains are encountered, in this case, the San Bernardino County Sheriff's which contracts for police services in the City and the Coroner's Office have jurisdiction. Compliance with these laws is adequate mitigation for potential impacts. No fur[her mitigation is required. EV-060/Irit~al Study/070303 -1 5- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY Potentially Less than Less Ihsa VI, GEOLOGY AND SOILS - Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as ~ [] · [] delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Strong seismic ground shaking? CI CI · ~ Seismic-related ground failure, including ~ [] · [] liquefaction? Landslides? ~ [] I~ · b. Result in substantial soil erosion or the loss of [] · r~ [] topsoil? c. Be located on a geologic unit or soil that is unstable, [] · [] [] or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18 [~ [] · [] I-.B of the Uniform Building Code (1994), creating substantial risks to life or property?. e. Have soils incapable of adequately supporting the CI r~ [~ · use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? SUBSTANTIATION: a. Implementation of this project will result in the rehabilitation and operation of an existing water well and appurtenant equipment (pumps, electrical equipment, etc.). No human occupancy structures will be associated with this project. Based on data provided on Exhibit 11-4 of the City's General Plan, the site is not within or near an Alquist-Priolo Earthquake Fault Zone. Due to the type and location of this project, the potential for this project to expose people or property to the hazard of earthquake fault rupture is considered less than significant. No mitigation is required. As with most of southern California, it should be anticipated the site will be subjected to strong seismic gl.oundshaking during the life of the project. However, no human occupancy structures or large water EV-060/In~al Study/062403 -1 6- TOM DOBSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY storage facilities will be located onsite. The type of structures existing or proposed for the site (wells, pumps, pipelines, etc.) are not susceptible to seismic damage that could expose people or property to a high potential or risk of loss, injury or death from strong groundshaking or ground failure. No mitigation is required. Available data from the District indicates the depth to groundwater beneath the site exceeds 50 feet. Due to the depth of groundwater and the lack of human occupancy structures onsite, the potential for this project to expose people or property to adverse effects associated with liquefaction is judged to be less than significant. No mitigation is required. No hills or steep terrain exists on or near the project site. No potential for landslide exists and no mitigation is required. b. The site has been graded, compacted and is flat (less than 1% slope). The rehabilitation of water supply facilities will result in minimal land disturbances. Presently, drainage occurs as sheet flow toward the northwest into 5~h Street. No change in this pattern will result from this project. Water discharged by well test pumping will be discharged to the existing drainage channel westedy of and adjacent to Church Street for ultimate discharge to the Santa Ana River floodplain. The potential for this project to result in substantial erosion or loss of top soil is less than significant. No mitigation is required. c-d. Due to the type of project proposed and the lack of people onsite, no potential exists to expose people or' property to unstable earth or geologic conditions. No mitigation is required. e. No onsite disposal facilities are proposed by this project. EVq)60/Initial Study/070303 -17- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY VII. HAZARDS AND HAZARDOUS MATERIALS- Would the project: a. Clreate a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the O ~ · [] environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or r~ acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed sohool? d. Be located on a site which is included on a list of r-i l-i ~ · hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan I'-I ~ ~ · or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f, For a project within the vicinity of a private airstrip, r~ [~ [~ · would the project result in a safety hazard for people rasiding or working in the project area? g. h'npair implementation of or physically interfere with [~ [~ r~ · a~n adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of r~ ~] r'-I · loss, injury or death involving wildland fires, including where wildlands ara adjacent to urbanized areas or where residences are intermixed with wildlands? SUBSTANTIATION: a-c. Other than some petroleum products used during construction, this project will not include the use or storage of explosive substances. Operation of the well will include the use of sodium hypochlorite to disinfect the water extracted. This chemical is similar to household bleach (about 12.5% chlorine) and about 200 gallons is presently stored and used onsite at the existing well. Sodium hypochlorite is not explosive. EVWD also stores and uses orthophosphate at the site. Orthophosphate is and will be injected into water extracted from the wells to line the pipes and reduce corrosion in the system. Ortho- EV*060/Initiai Study/062403 '18- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY phosphate has a pH of about 5. EVWD anticipates that the currently stored chemicals will be adequate to treat water from the rehabilitated well and no increase in the amount of chemicals stored onsite is proposed. Therefore, no increase in the current risk of hazard or exposure to hazardous conditions will result. The storage of these chemicals is regulated by State and local laws and regulations that have been determined to be adequate to prevent or control accidental release. Based on the above, it is cencluded this project will not increase the existing risk of accidental release of materials, explosion, or create a health hazard beyond current levels. Because no increase in risk will result, no further mitigation other than compliance with current laws and regulations is required. d. Tile project is not located on or near a site which appears on the Cai-EPA Facility Inventory Data Base Hazardous Waste and Substances Sites List. The site has been used for residential use and as a water production facility. No known past uses indicate any past activities onsite that would include the use of hazardous substances. No mitigation is required. e-f. The project site is not within an airport land use plan but is about 2 miles of an existing public airport. No private airstrips exist near the site. The project is the continued operation of an existing water facility that does and will not include people residing or working onsite. The continued operation of Plant 146 has no potential to result in an aircraft safety hazard to people or property. No mitigation is required. g. No known emergency response or evacuation plans affect the project site. Therefore, the project will net affect any such plans. No mitigation is required. h. Tl'~e project area has been completely developed with urban users. No wildlands exist on or near the site. No potential for risk or adverse effect to people or property from wildland fires will result. No mitigation is required. Ev-os0/~,~:~a~ Study/062403 -19- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY VIII. HYDROLOGY AND WATER QUALITY - Would the project: a. Violate any water quality standards or waste CI FI F~ · discharge requirements? b. Substantially deplete groundwater supplies or [] I"1 · [] inl:erfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing [and uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the ~1 I~ · CI site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation onsite or of f site? d. Substantially alter the existing drainage pattern of the FI I-I · [] ~ site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner wl'~[ch would result in flooding onsite or offsite? e. Create or contribute runoff water which would Fl [] · [] exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality?. F~ [~ · ~ g. Place housing within a lO0-year flood hazard area as [] [] FI · mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard dalineation map? h. Place within a lO0-year flood hazard area structures FI FI [] · which would impede or redirect flood flows? i. Expose people or structures to a significant risk of [] [] [] · lc,ss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? FI Fl [] · EV~)60/InZtial Study/070303 -20- TOM DODSON & ASSOCIATES East Vall(;y Water District Plant 146 Well Rehabilitation Project INITIAL STUDY SUBSTANTIATION: a&f. This project proposes the rehabilitation of a domestic water supply facility. No wastewater will be generated or discharged by the facility. No contaminants which could affect surface water quality will be associated with the project. The only chemicals stored or used onsite are sodium hypochlorite to treat the water extracted from the wells and orthophosphate to line the water system pipelines. Sodium hypochlorite is about 12.5-percent chlorine and is similar to household bleach. Orthophosphate has a pH of about 5. Only about 200 gallons of these chemicals are present onsite at any given time and this project will not increase the amount stored. The storage and use of these chemicals are controlled by regulations deemed adequate bythe agencies responsible for controlling such substances. Compliance with these laws and regulations is considered adequate to reduce potential risks to an acceptable level. No further mitigation is required. Tile project will not require the issuance of waste discharge requirements. Other than compliance with applicable regulations, no further mitigation is required. b. E'CND extracts water from a large groundwater basin beneath the San Bernardino Valley known as the Bunker Hill Groundwater Basin (Basin). Water extraction rights to the Basin have been generally adjudicated, in that a total annual extraction by all users has been identified, but no limit on the amount of water each user can extract has been established. Should the maximum annual extraction be exceeded for the entire Basin, the San Bernardino Valley Municipal Water District (Muni) is to replace the excess volume of groundwater extracted by spreading and percolating State Water Project Water back into the Basin, EVWD estimates that the Bunker Hill Basin has about 5,000,000 acre-feet of water in storage of which al~out 2,000,000 acre-feet is available without adversely effecting the supply and quality of water in the Basin. Based on the availability of groundwater in the Basin and the current groundwater recharge policies, it is concluded this well rehabilitation project witl not substantially increase groundwater extrac- lions; result in a significant adverse effect on the quantity of groundwater; nor substantially alter the direction of flow of groundwater in the Basin. Existing recharge policies are considered adequate to mitigate potential impacts to the quality and quantity of groundwater to a non-significant level. No further mitigation is required. It should be noted that EVWD anticipates that this well rehabilitation will allow the District to extract water from the site at about historic levels. c-e. Plant 146 has been graded and paved. Drainage from the site occurs as sheet flow toward the Santa Ana River floodplain. The project will result in the rehabilitation of an existing well. Ancillary equipment such as a disinfection system, electrical equipment, etc. will also be installed. No grading of the site is proposed nor will additional hard-surfacing occur. No stream or river exists on or near the site. Based on the above, it is concluded this project will not alter existing drainage patterns or the course and flow of a river or stream. Because no impact can be identified, no mitigation is required. g-i. This project does not propose any housing and is not situated within a 100-year flood hazard area. As such it has no potential to place housing at risk to flooding or impede the flow of stormwater. j. The project site is not situated near a large waterbody that has a potential to generate a tsunami or seiche. No areas exist around or near the site that could generate substantial mudflow. Because no impact can be identified, no mitigation is required. EV-060/Initial Study/062403 -21 - TOM DODSON & ASSOCIATES East Valtey Water District Plant 146 Well Rehabilitation Project I N ITIAL STU DY IX. LAND USE AND PLANNING - Would the project: a. Physically divide an established community?. [~ n · b. Conflict with any applicable land use plan, policy, or n Q E] · regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan I-I I~i r~ · or natural community conservaUon plan? SUBSTANTIATION: a. Pliant 146 is an existing water production facilitylocated adjacent to a residential community. The plants existence predates most of the existing development which has been constructed adjacent to the existing Plant 146. The continued use of the site as a water production facility has no potential to physically divide a community. No mitigation is required. b. California Government Code Section 53091 exempts water supply facilities from local zoning restrictions. Such facilities are considered compatible with all land use designations. Therefore, the continued use of the site for water supply facilities has no potential to conflict with any applicable land use plan, policy or regulations. Because no impact can be identified, no mitigation is required. c. The project site and adjacent areas have been developed with urban uses. No native habitat or topography exists in the area. No known habitat or natural community plans exist on or near the site. N;o impact to such plans will result and no mitigation is required. X. MINERAL RESOURCES - Would the project: a. Result in the loss of availability of a known mineral I-I CI ~ · resource that would be of value to the region and the residents of the state? b. P, esult in the loss of availability of a locally important CI ~ ~ · mineral resource recovery site delineated on a local General plan, specific plan or other land use plan? SUBSTANTIATION: a-b. The project site is an existing water production facility, Mineral resoumes may occur on or near the project site. The City of Highland General Plan identifies mineral resource zones in undeveloped areas. The mineral resources which occur in the area are sand and gravel used for construction materials. These resources are generally located within active channels such as the Santa Ana River or other floodplains. The City of Highland's General Plan Exhibit V-1 indicates the site is within Mineral EV-060/In~tial Study/062403 -22- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY Resource Zone 2 (MRZ-2). MRZ-2 identifies areas where adequate information indicates that; significant mineral deposits are present or likely to be present. Plant 146 is an existing water production facility comprising about one-half acre. The site and surround- in(.] area are designated for planned development and commercial uses. Residential development occurs adjacent to the site. Based on the small size of the site the presence of existing development and the large area designated MRZ-2 in the City, this project will not result in any significant loss of a mineral resource. It should be noted that due to existing development and the City's land use designations for the site and adjacent areas, the potential for this project to adversely effect develop- ment of a mineral resource is considered highly unlikely. Because no impact will result, no mitigation is required. Potentially Less than Less than Significant Significant with Significant No Impac~ Mitigation Incorporation Impact impact XI. NOISE - Would the project result in: a. Exposure of persons to or generation of noise levels r~ · I~ F3 in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive {~ I~ ~ · groundborne vibration or groundborne noise levels? c. A substantial permanent increase in ambient noise r~ I~ · r~ levels in the project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in [~ · CI F'I ambient noise levels in the project vicinity above levels existing without the project? e. For a project located within an airport land use plan [} r-i CI · o~r, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, I~ rq rq · would the project expose people residing or working in the project area to excessive noise levels? SUBSTANTIATION: a-d Rehabilitation and operation of the well has some potential to generate noise. In the short term, well lining and equipment installation activities will generate noise. In the long term, the mechanical equip- sent at the well will generate noise. The project sites are located within an urban area with residences located within about 200 feet of the site. Generally, well lining activities can generate noise levels of about 75 dBA at a distance of 50 feet from tlhe equipment. A-weighted decibels (dBA) approximate the response to the human ear of a broad EV~060/in:~ialStudy1062403 -23- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY frequency noise source by discriminating against the very Iow and high frequencies of the audible spectrum. A-weighted decibels reflect those which are audible to the human ear. Equivalent sound levels are not measured directly but rather calculated from sound pressure levels typically measured in A-weighted decibels (dBA). The equivalent sound level (Leq) is the constant levels that, over a given time period, transmits the same amount of acoustic energy as the actual time- varying sound. Equivalent sound levels are the basis for both the Ldn and CNEL scales. Day-night average sound levels are a measure of the cumulative noise exposure of the community. The Ldn value results from a summation of hourly Leq's over a 24-hour time period with an increased weighting factor applied to the nighttime period between 10:00 p.m. and 7:00 a.m. This noise rating scheme takes into account those subjectively more annoying noise events which occur during the nermal sleeping hours. Noise diminishes at a rate of about 6 dB for each doubling of the distance from the source. This means that construction noise levels at the nearest receptors (residences located about 200 feet from the site) will be about 63 dBA on the exterior of those receptors. This noise level is within the City's Zone B compatible noise level for residences with mitigation. However these noise level increase are short term (about 10 days), are not health threatening and impacts are considered less than significant. To mitigate potential impacts from noise at sensitive receptors, the following measures shall be implemented: Xl~1The District shall require that well rehabilitation activities be limited to the hours of 7 a.m. to 7 p.m,, Monday through Saturday. XI.2 The District shall respond to any noise complaints received for this project by measuring noise levels at the affected receptor. If the noise level exceeds an Ldn of 60 dBA exterior or an Ldn of 45 dBA interior at the receptor, the District shall implement adequate measures such as enclosing equipment within structures to reduce noise levels to the greatest extent feasible. Irnplementation of these measures is judged to be adequate to mitigate potential short-term construc- tion noise impacts to a non-significant level. In the long term, mechanical equipment at the site will generate some noise. This equipment produces noise levels that are substantially below the construction equipment. Based on the District's knowledge for noise levels at other well sites, it is forecast that noise levels generated by this project at the exterior of the nearest receptor will be well below 60 dBA. Implementation of Mitigation Measure XI-2 is judged adequate to mitigate any potential long-term noise impacts to non-significant levels. F)ue to the type of construction proposed, it is concluded the rehabilitation or drilling of a well, installation of appurtenant equipment will not expose people to extensive groundborne vibration or groundborne noise levels. No mitigation is required. e-f. The project site is not within an airport land use plan area nor near a private airstrip. This project does not propose any development that could result in the exposure of people to excessive noise levels. Mitigation measures XI-1 and XI-2 are judged adequate to reduce potential impacts to a less than significant level. EVq)60/Inltial Study/062403 -24- TOM DOD$ON & ASSOCIATES East Valley Water Distdc'[ Plant 146. Well Rehabilitation Project INITIAL STUDY Potentially Less than Less then Significenl Significant w~thSIgni§cant No XlI. POPULATION AND HOUSING - Would the project: a. Induce substantial population growth in an area, FI [~ I~ · either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, I~ [~ r~ · necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, [] [~ [] · necessitating the construction of replacement housing elsewhere? SUBSTANTIATION: a-c. T;his project does not propose the development of any new housing. The project site contains existing water supply facilities. No housing exists onsite and no existing housing will be affected by this project. The District is mandated to previde an adequate supply of water to customers in its service area. The type and density of development in the District's service area is controlled by land use designations established by the agencies having jurisdiction over such issues (cities and county). As such, this preject is considered growth-accommodating not growth-inducing in that it will help provide water service to development that is approved or atlowed by the agencies having jurisdiction over land use issues. Because no impact can be identified, no mitigation is required. Xlll. PUBLIC SERVICES- Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govern- rnental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? [-I [] [] · Police protection? r~ r~ Q · Schools? [] [] r-I · Parks? ~ r~ [] · Other public facilities? [] E] [] · SUBSTANTIATION: The proposed project is viewed as a benefit to public services in that it will help maintain an adequate ~vater supply in the District's service area. This is a particular benefit to fire protection services. EV-O6011nit[alStudy/062403 -25- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY Rehabilitation, operation, and maintenance of the well and other facilities will require the expenditure of funds bythe District. Funds for projects such as this are generated from fees charged bythe District for water service. It will be the District's responsibility to set an adequate fee schedule to generate the needed funds. XIV. RECREATION- a. Would the project increase the use of existing r~ (~ r-t · neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or CI iR FI · require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? SUBSTANTIATION: a-b. As previously discussed in this document, this project will not contribute to an increase in the population of the area beyond that already allowed or planned for within the District's service area. The project does not propose any new development or will not affect any existing or proposed recreational facilities. Because no impact can be identified, no mitigation is required. EVq)60/]nltial Study1062403 -26- TOM DODSON & ASSOCIATES East Valle~y Water District Plant 146 Well Rehabilitation Project INITIAL STUDY Potentially Less than Less than XV. TRANSPORTATION/TRAFFIC-Would the project: a. Cause an increase in traffic which is substantial in [~ {~ · [] relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of r~ r~ · [] service standard established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic pattems, including [] Ct r~ [] either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design [~ I~ [] · feature (e.g., sharp curves or dangerous intersec- tions) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? r~ [] [] · f. Result in inadequate parking capacity?. g. Conflict with adopted policies, plans, or programs ~} [] ~} [] supporting alternative transportation (e.g., bus turnouts, bicycle racks)? SUBSTANTIATION: a,b, d&f. This project doss not propose any new roads or the reconstruction of any existing roadways. In the short term, construction of the proposed facilities will result in the generation of a maximu m of 20 addi- tional vehicle trips on the adjacent roadways by construction personnel and the delivery of construction materials. This increase in traffic will be for about 2 weeks and is not considered sufficient to affect the level of service of roadways or cause congestion at any intersection. Once the well is rehabilitated and operating, the only traffic that will be generated by this project will be occasional visits to the site by District personnel to inspect and maintain the facilities. These activities aliready occur and no increase in long-term traffic will result. Adequate parking area is available onsite and along roadways to accommodate the parking requirements. No construction will occur within existing public roads. Because no impact to the transportation/circu- lation system will result, no mitigation is required. c. These water facilities have no potential to generate an increase in air traffic volumes or affect air traffic patterns. Because no impact can be identified, no mitigation is required. EV-O60iin~JaIStudy/062403 -27- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY e. The project design includes direct access to public roadways which is considered adequate for emergency purposes. No further mitigation is required. g. The rehabilitation and operation of this water well within the developed Plant 146 site has no potential to impact alternative transportation policies because no such policies affect the site. No mitigation is required. Potentially Less then Less than Significant Significant with Significan[ No XVI.UTILITIES AND SERVICE SYSTEMS- Would the project: a. Exceed wastewater treatment requirements of the ~ ~ CI · applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or r~ ci I~ · wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm [~ r~ · ~1 water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the ~ ~ CI · preject from existing entitlements and resources, or a~re new or expanded entitlements needed? e. Result in a determination by the wastewater r~ r~ F'I · treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill(s) with sufficient permitted F3 [} · [~ capacity to accommodate the project's solid waste disposal needs? g. Comply with federal, state, and local statutes and [~ CI r~ · regulations related to solid waste? SUBSTANTIATION: a-g. The proposed project is a water service improvement. It will provide water service to development that will generate wastewater. The development being served is either existing or planned for development that will not affect the existing or planned for capacity of wastewater treatment facilities. No impact to existing wastewater treatment facilities will result from this project. Other than a small amount of con- struction wastes, this project will not generate solid wastes and will not adversely affect the existing solid waste collection and disposal system. EV-O60/inIBal Study/062403 -28- TOM DODSON & ASSOCIATES East Valley Water District Plant 146, Well Rehabilitation Project INITIAL STUDY The proposed project will not increase surface water runoff from the site. Adequate drainage facilities are available to accommodate the current surface water flows from the site. Because no impact to services and utility systems can be identified, no mitigation is required. XVlI. MANDATORY FINDINGS OF SIGNIFICANCE- a. Does the project have the potential to degrade the Ct (~ Ct · quality of the environment, substantially reduce the habitat of a fish or wildlife spec[es, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually Ct Ct · Ct limited, but cumulatively considerable? ("Cumulative- ly considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c. Does the project have environmental effects which Ct Ct CI · will cause substantial adverse effects on human beings, either directly or indirectly?. SUBSTANTIATION: a. The project site has been disturbed by human activities. No native vegetation or habitat occurs on or near the site. The site is located within an urbanized area where no sensitive plant or animal species are known or suspected to occur. The site comprises about 0.5 acre and is adjacent to much larger development that has altered the physical character of the area. The extraction of groundwater and the supplying of domestic water produces minimal potential impacts to visual resources, air quality, cultural resources, hazards, noise, and traffic. Adequate regulations to reduce any potential hazard to an acceptable level of risk or adequate mitigation is provided in this document to further reduce less than significant impacts to the greatest extent feasible. No structures or other potentially important examples of early California history or prahistory exists onsite and none will be affected. b. This project will result in the extraction of water from the groundwater basin. Such extractions when combined with other extractions could have the potential to degrade the quantity and quality of ground- water. However, an adequate groundwater basin recharge program using imported water is imple- mented to reduce potential impacts associated with basin overdraft to a less than significant level. It should be noted that this project is the rehabilitation of an existing water supply facility which will allow the continued extraction of groundwater at the site at about historic levels. No significant individual or cumulative significant impacts can be identified. EV-060/Inltial Study/062403 -29- TOM DODSON & ASSOCIATES East Valley Water District Plant 146 Well Rehabilitation Project INITIAL STUDY c. The provision of an adequate domestic water supply is viewed as a benefit to human beings. The project will not create any hazardous conditions that could either directly or indirectly affect human beings. MITIGATION MEASURES: I-1 All above-ground structures shall be covered with neutral, non-reflective coatings that blend with surrounding uses and color schemes. II1-1 The District's contract with the contractors shall require the contractor to provide verification that all equipment is in proper tune per the manufacturer's recommendation. XJ-1 The District shall require that non-well drilling construction activities be limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. XI-2 The District shall respond to any noise complaints received for this project by measuring noise levels at the affected receptor. If the noise level exceeds an Ldn of 60 dBA exterior or an Ldn of 45 dBA interior at the receptor, the District shall implement adequate measures such as the use of noise attenuation curtains or enclosing equipment within structures to reduce noise levels to the greatest extent feasible. REFERENCES: City of Highland General Plan South Coast Air Quality Management District, CEQA Air Quality Handbook Tom Dodson & Associates, Site Evaluation, June 2003 U.S. Department of Agriculture, Soil Conservation Service, Soil Survey San Bernardino County, Southwestern Part, California EV-060/Intial Study/070303 -30- TOM DODSON & ASSOCIATES Mitigation Monitoring / Reporting Program for East Valley Water District Plant 146 Well Rehabilitation Project Introduction This mitigation monitoring and compliance program has been prepared for use by the East Valley Water District (EV~ND or District) as it implements mitigation measures for this project. This program has been prepared in compliance with the California Environmental Quality Act (CEQA) and tile State and Agency CEQA Guidelines. Assembly Bill 3180, effective January 1, 1989, required adoption of a reporting or monitoring program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensu, re compliance during project implementation. The monitoring program contains the following elements: 1. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. In some instances, one action may be used to vedfy implementation of measures, such as grading plan review and erosion control plan review. 2. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take the action, what action will be taken and when, and to whom and when compliance will be reported. 3. The program contains a separate Mitigation Monitoring and Reporting Record for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other relevant data will be attached. Copies of the records will be retained by the District as part of its project files. 4, The program has been designed to be flexibte. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. The total program, including any modifications, will be retained by the District as part of the project files. '['he individual measures and the accompanying monitoring/reporting actions follow. They are numbered in the same sequence as presented in the Project initial Study. MITIGATION MEASURE I-1 All above-ground structures shall be covered with neutral, non-reflective coatings that blend with surrounding uses and color schemes. IMPLEMENTATION AND VERIFICATION 1. This requirement shall be included in the contract with the construction contractor. 2. Verification shall be provided by District inspectors. COMPLIANCE RECORD 1. Copies of the contract shall be kept in the project file at the District's office. 2. Copies of the inspection reports shall be kept in the project file at the District's office. WHEN REQUIRED 1. Prior to construction. 2. Prior to acceptance of the wells and reservoir and final payment to the contractor. COMMENTS VERIFICATION BY: EV-O60fMMRP -2- MITIGATION MEASURE ~,,, II1-1 The District's contract with the contractors shall require the contractor to provide verification that all equipment is in proper tune per the manufacturer's recommendation. IMPLEMENTATION AND VERIFICATION 1. A copy of the contract shall be kept in the project file at the District. 2. A copy of equipment maintenance record shall be provided to the District by the contractor. COMPLIANCE RECORD 1. Copies of these documents shall be kept in the project file at the District's office. WHEEl REQUIRED 1. Prior to the start of construction. COMMENTS ~i VERIFICATION BY: EV-060/MMRP -3- MITIGATION MEASURE XI-1 The District shall require that non-well driIling construction activities be limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. IMPLEIvlENTATION AND VERIFICATION 1. The District's contract with the construction contractor shall contain this requirement. 2. Verification shall be provided during inspections by District staff. The inspector reports shall include identification of any violations and the remedial actions taken. COMPLIANCE RECORD 1. A copy of the contract shall be kept in the project file at the District's office. 2. Copies of the inspection reports shall be kept in the project file at the District's office. WHEN REQUIRED 1. Prior to the start of construction and ongoing during construction activities. 2. Ongoing during construction. COMMENTS VERIFICATION BY: MITIGATION MEASURE Xl-2 'The District shall respond to any noise complaints received for this project by measuring noise levels at the affected receptor. If the noise level exceeds an Ldn of 60 dBA exterior .er an Ldn of 45 dBA interior at the receptor, the District shall implement adequate measures such as the use of noise attenuation curtains or enclosing equipment within structures to reduce noise levels to the greatest extent feasible. IMPLEMENTATION AND VERIFICATION 1. Copies of any noise complaints and identification of actions taken by the District staff shall be kept in the project file at the District's office. COMPLIANCE RECORD 1. Copies of all complaints and the actions taken by District staff shall be kept in the project file at the District's office. WHEN REQUIRED 1. Ongoing during construction and operation of the well. COMMENTS VERIFICATION BY: EV-06ORvfi~4RP -5- 108TIt CONGRESS 1 { R~POI~ ist Session ] HOUSE OF REi~RESENTATIVES 108-235 ~ 'DEP~S OF ~S"~S ~ HOUS~G ~ ~ DE~LOP~, ~ ~EPE~E~ AGEN- C~S ~PROPR~0NS B~L, 2004 J~Y. 24 2~3.~Co~;~d ~ ~e Co~e of~e ~ole Ho~e en ~e S~ of the U~n ~d ordered ~ Mr~ WALS~{, from the Co~-,-ittee On Appropriations, submitted the following REPORT together wi{h ADDITIONAL AND DISSEI~TING VIEWS [To accompany H.R, 2861! The Comrnlt~e on .appropriations Submit~ the folio.wi,n., .g report in explanation of the accomp .an~. g bill making appropriations ~or the Depa~-Lment~ of Vetar~n~ Affairs and Housing and Urban Develop- ment, and for stmdry independent agencies, boards, commissions, corporations, and offices for t]ae fiscal year ending September 30, 2004, and for other purposes. IiNDRX TO BILL AND REPORT Title I--Department. of Veterans ~l~i~s ........... 2 ~ Titi~ l~--Depart~ent of Housin~ and Urban Development ................... l~ 2l Title III--Independent Agencies ............................................................... 69 82 American Battle Monuments Commission ........................................ 69 82 Chemical Safety and Hazard Investigation Board ........................... 70 83 Community Development Fi,,~,~clal Institutions ............................. 71 84 Consumer Product Safety Comm;~sien ............................................. 72 85 Corporation for National and Ccmr~nllity Service ........................... 72 85 U.S. Court of Appeals for Vetsraus Cl-!,~* ...................................... 76 89 Department of Defense--Ci'~il, Cemeterial Expenses, Army.. ......... 77 89 Natienal Institute of Enviroumental Health Sciences ..................... 77 90 Agency for Toxic Subs~mces end Disease Registry ......................... 78 90 Environmental Protection Agency ..................................................... 79 91 Office of Science and Technology Policy ............................................ 88 128 Council on Environmental Quality and Office of Environmental Qu~ity ............................... : .............................................................. ss ~28 88-557 103 The Con~m~ttee notes that EPA has relied upon the Integrated p]n~n~ Model (IPM)~ a proprietary m. odel, in developing its pro- posed mercury MACT rulemnk~n~ and m assessing other multi-pol- lutant legislative proposals. The Oo~ra~tee wishes to ensure that the model conforms with the new Guidelines .for Ensuring and Maximizing the (~uality, Objectivity, Utility and Integrity of Infor- mation Disser~natsd by Federal Agencies that establishes a stand-' ""' ard of "repreducibilit~f' for '~T~uantial" statistical results. The Agency is to repor~ to the Cor~r~t~cee no later than December 1, 2003 on the conformance of the IPM model with the guidelines. The Great Lakes .Legacy Act, enacted in November 200.2, a.uthor- izes appropriatio~/s for remediation of se~raent cont.~,~tion in the Great Lakes ecosystezm The Com,u~tee encourages EPA to pro- mulgate rules ~mplementing this program before the end of fiscal year 200~. The Cor~m~t~ee notes that agency is developing a report on pend- ing regulations on radon ~ dr~k~g water in consultation with state w~/ter, air and. radiation programs. Upon completion of this report, the Committee looks forward to worl~ug.with the Agency on this issue. The Committee is concerned that EPA is no~ providing equal ac- cess to the bensfits of the Energy Star Labeled Homes Program all sectors of the affordable housing industry. The Committee strongly urges EPA to cooperate with the mannfactured housing in- dustry, including the Manufactured Housing Researc]~ Alllance (MHRA), to expand the Energy Star Labeled Homes program to in- ciude research planning and the. development of approaches, tools and techniques for manufactured housing~ The Committee is concerned that a. proposed rule on pesticide spray drii~, could have significant negatxve impacts, of a random na- ture, on broad sectors oi~the production agriculture com. t~unity, in- eluding decreased farm income. As the EPA proceeds with a pcten- tlal rulemaking, the. Agency should recognize the diverse geography of U.S. agriculture, and give sufficient censidera~on to the ~eeds of the nation's agricuituraleconomy and affected communities. OFFICE OF INSPECTOR GENERAL Piscal year S004 recommendation .................................................... x $~6,808,000 Fiscal year 2008 appropriation .......................................................... ~5,TeS,ooo Fiscal year 2004 Budget request ....................................................... 26,808,000 Comparison with fiscal year 2005 appropriation ............................. +1,042,000 Comparison with fiscal year 2004 budget request ........................... 0 The Office o.f. Inspector General (OI.G) provld?s audit, evaluation, and investigation products and advisory serwces to improve the performance and integ~_i_'ty of EPA programs and.operations. This account funds personnel compensation and benefits, travel, and penses (excluding rent, utilities, and security costs) for the O~ce of Inspector General. The appropriation for the OIG is funded fr~m ~wo separate accounts: Office of Inspector General and Hazardous Substance Superfund. For fiscal year 200~, the Committee recem,~ends a total appre- priation of $50,022,000 for the Office of Inspector General, an crease of $1,597,000 above last yeaffs fundiug level and the same "~s the budget request. Of the amotmt provided, .$13,214,000 shall MEMORANDUM August 11, 2003 TO: ACWA MEMBER AGENCY BOARD PRESIDENTS ACWA MEMBER AGENCY GENERAL MANAGERS ASSOCIATE MEMBER CONTACTS FROM: ACWA PRESIDENT BETTE BOATMUN SUBJECT: ACWA COMMITTEE APPOINTMENT NOMINEES FOR 2004-2005 TERM PLEASE RESPOND BY OCTOBER 1ST Conmaittees are an integral part of ACWA's activities and policy development. The end of the current conmfittee term is fast approaching mad it is time again to request committee nominations from ACWA members. New officers (President/Vice President) will be elected at the fall conference, so it is time to prepare to reconstitute ail conm~ittees for the 2004-2005 term. In submitting names for consideration, please do so with the understanding that conmaittees need active, involved individuals able to expend the time m,d provide their expertise if appointed. Please keep in mind, that the district is responsible for all costs associated with the participation of their representative on committees. An importmat part in helping cormnittees to be as effective as possible is Association of Calitbrniaattendence. ACWA's bylaws state, "Two consecutive, unexcused absences from Water Agencies arl ACWA limited committee shall constitute a resigmation oad a replacement will 910 K Street, Suite 100 Sacramento, California be named as soon as possible." Also, those with a record of repeated, excused 95814-3514 absences will be reviewed and considered for replacement. 916/441-4545 FA:( 916/325-4849 The following information is enclosed in this packet. lqall of the States · Con'unittee consideration fom~ (before you begin, please make 4£,0 N. Capitol St., N.W. Suite 357 South extra copies) Washington, D.C. · Sample committee consideration form 20001-1512 202/434-4760 F^;¢ 202/434-4763 · Current agency committee ,'epresentation (if you receive a blank report, this indicates your agency has no conm~ittee representation) · Conm~ittee attendance records · Cra'rent ACWA Conm~ittee Purposes and Responsibilities · Conuuittee Process/Timeline Ail CO~Tespondence and fom~s regal'ding conm~ittee appointments must be in the ACWA office no later than October 1, 2003 to be eligible for consideration. Please call Kelly Smith, (916) 441-4545, if you have any questions concemh~g the conmfittee appointment process. We appreciate your timely attention to this matter. Enclosures BB:ks Association of California Water Agencies Committee / Subcommittee Participation 07-Au~Cl-03 ~t Valley WD ID Number: 699 Member Type: Agency Member Participants Mr. Robert E. Martin Arsenic Work Group (WQC) Member Safe Drinking Water Sub. Member Water Quality Committee Member Mr. Kip E. Sturgeon Communications Committee Member Scholarship Subcommittee Chairperson Mr, G~3rge (Skip) E. Wilson Federal Affairs Committee Member Safe Drinking Water Sub. Member Mr. Skip Wilson Water Supply Subcommittee Member ACWA COMMUNICATIONS COMMIq-I-EE i~007-?003 attendance Matrix revised 8/7/;>003 Keith Coolidge -- Chair, MWD of OC 10 X X X X X CherylFarr, EastBayMUD 5 X X X X X X Art Aguilar, Central Basin Municipal Water District 8 X E X I'eresita T. Andrews, Nevada ID 3 X X E X Karen Amtzen, Contra Costa Water District 5 X X X Beth Brookhart 7 E X X X E Mary Lou Cotton 8 X* X X X Cynthia Davis, Glenn Colusa ID Z X X E Ane Deister, E1 ]Dorado ID 3 E E E E E X MaryAnn Dickinson, Cal. Urban Water Conservation Council 4 X X X X E X Ann Dorgelo, Las Virgenes MWD 8 X X X Susan Fitts, Sanl~ Clara Valley WD 5 X X X Robert Gomperz, Foothill MWD 8 X X X X X Joyce Gwidt, Irv ine Ranch WD 10 X X X E Jennifer Hunt-Harris - Optimal Water Inc. 6 X X X X reave Kranz - California Farm Bureau Federation 4 X X X X X X Dennis Mahr - C. oachella Valley WD 9 X X X X X Bert L. Michalczyk, Dublin San Ramon SD 5 X X X E E Greg Morrison, ]Elsinore Valley MWD 9 X X X Bob Muir, Metro Water District of Southern Cal. 8 X X X X Sandra Olson, Walnut Valley WD 8 X X E Libby'Pischel, lvlarin MWD ' 1 X X X E X X Donna Powers-Danato, Rancho CA Vv-D 9 X X X X X E Paula Roberts, Sweetwater Authority 10 X X X X X Lesley Robin, Padre Dam MWI) 10 E E X X E E JoLynn Russo-Pereyra, Cucamonga CWD 9 X E X X Lisa'Renton, Sonoma County WA X X X X X Michael Stover, City of Lakewood 8 X X Kip Sturgeon, East Valley WD 9 X X X X X Tony Walker, Turlock ID 4 X X X X Ron Wildermuth, Orange County WD 10 X E X X Bette Boatmun, Contra Costa WD 5 '~w.~ Gladbach, Castaic Lake WD 8 !ff~nna Nenow, oDCWA X Suzanne Arena X Page 1 ACWA COMMUNICATIONS COMMITTEE 2002-2003 Attendance Matrix revised 8/7/200:~ ATTENDEES )"~'~,)"~'~y,~'~' Jennifer Persike - Staff Liaison 4 X X X X X Cindy Bundock - Staff X X Jeni Bright - Staff, Region Coordinator X X X E Taryn Ravazzini - Staff, Region Coordinator X X Wendy Philhppe - Staff, CommunicaQons Assistant X X Jenn Brace - Staff, Communications Specialist X Adeline Yoong -- WRD X David Hill -- Inland Empire Utflites Agency X left McCracken -~ Bureau of Reclamation X X X Don Strickland -- DWR-OWE X Beverly Hennissey -- SFPUC X X !Al Donner for Karen Arntzen X X Margaret Gidding -- CALFED Bay-Delta Program X E Curt Robinson -- DWR X X X X ~ Jan Porelli -- CVWD X Mike Henry -- CA Farm Water Coalition X X X Denis Wolcott, MWD of Southern California X Melodic Johnson, Western Municipal WD X Carl Bonenberger, San Gabriel County Water X Beth Beeman -- IRWD X E Page 2 ACWA 2002-03 Federal Affairs Committee Attendance Name 1/28/02 5/8/02 9/19/02 11/20/02 1/27/03 5/7/03 Randy Fiorini, Chair X X X X X X David Orth, Vice-Chair :X X X X X X Mark Atlas X X Mel Aust X X X X X X Brett Barbre X Anthony Barkett X X X X X Thomas Birmingham X X X X X X David Breninger X X X X X X Barry Brown X X X X X X Arthur Bullock X X X Richard Cantwell X X X X X Bm'nell Cavender X X X X X X Robe~ Clark X X X X X X Dermi[s Cocking X X X X X X Robert Dietz X X X X A1 Dormer X X X X X X James Edwards X X X X Glerm Farrel X X X X X X Dan Fults X X X X X X Louise Giersch X X X X Rick Gilmore X X X X Brent Graham X X X X Robert Isaac X X X X X Lowell Jarvis X X Robert Joe X X X X X Mike Johnson X X X X X X Larry Libeu X X X X X X Todd Manley X X X X X X James McLeod X X X Robert Mendez X Tim O'Halloran X X X X Stephen Ottemoeller X X X X X X Randy Poole X X X X Ed Rc,yce X X X X X X Rodger Siems X X X X X X Robert Stackhouse X X X X X X John Stovall X X X X X James Turner X X X X Howard Williams X Skip Wilson X X X X X X Dana 'Wisehart X X X X ACWA 2002-03 Federal Affairs Committee Attendance Name 1/28/02 5/8/02 9/19/02 11/20/02 1/27/03 5/7/03 David Witter X X X X Sterling Woodbury X X X X X Tim Worley Chip Wullbrandt X X X X X Eric Yoder Dee Zinke X X X X X X Greg Zlomick X X X X X X 2002 State Legislative Committee Attendance 2/1/02 3/15/02 4/12/02 5/3/02 5/24/02 6/14/02 MEMBER H. Jess Senecal, Chair ALT P P P P P Paul Bartkiewicz, Vice Chair P P P P P P =Andersor~, Tim P P P P P P Aranda, Manny P P P P P P : Basye, George P P P P P P Behrens, David AB AB AB AB AB AB Byrne, William p P AB P P P Clark, Robert H. ALT P P P ALT ALT Clay, Ben ALT AB P ALT ALT ALT Conant, Ernest A. AB P ALT P EX P Coolidge, Keith P P P AB P P Corley, Raymond E. P P P P ALT P Davis, Rcnald L. P/ALT EX P P/ALT P/ALT EX Donner, Al NOT ON LIST P P P P P Farrel, Glenn P P P P P P Ferris, Miles P P P P P P Ganulin, ,James p P P P EX EXJALT Hardesty, Mike P P. P AB P P Hating, Tad P P AB P P P Hubbell, Annette P P P AB AB P Jacobsma, Ronald ALT P P P P P Jensen, Douglas B. EX P P EX P P Kidman, Arthur G. P P ALT P P P Luckey, Brad AB ALT P P P P McCullough, Timothy R. EX AB P AB P P Nees, Robert p P P ALT P P Nordstrom, Michael N. P P P EX P P Porter, Wirliam E. ALT P P P ALT AB Sansoni, Aldo J. P P P P P P Schafer, R.L. P AB P AB P AB Shoaf, Gerald NOTON UST P P P P P Smith, Catherine P P P ' ~ AB P AB Spruance, William H. P P P P P P Stovall, Jehn F. ALT P ALT P P AB Sullivan, Bernice P P P P P P Theisen, Ronald P P P P P P Tiedemann, Ed P P ' P P P P Warmerdam, Mary-Ann NOT ON gIST AB AB P AB P Wisehart, Dana P P P/ALT P P P Wood, Richard P EX P P P P Wullbrandt, Chip P EX P P P EX Zinke, Dee P P P P EX P 2002 State Legislative Committee Attendance 7/'i2/02 8/16/02 '.--.,.. MEMBER H. Jess Senecal, Chair P P Paul Bartkiewicz, Vice Chair ALT P Anderson, Tim P P Aranda, Manny P P Basye, George P P Behrens, David AB AB Byrne, William P P Clark, Robert H. P ALT Clay, Ben ALT ALT Conant, Ernest A. EX EX Coolidge, Keith P P Codey, Raymond E. P P Davis, Ronald g AB P Donner, Al P P Farrel, Glenn P P Ferris, Miles P P Ganulin, James P P Hardesty, Mike P P Haring, Ted P P Hubbell, Annette P AB Jacobsma, Ronald AB P Jensen, Douglas B. P P Kidman, Arthur G. P P Luckey, Brad P P McCullough, Timothy R. P AB Nees, Robert ALT P Nordstrom, Michael N. AB P Porter, William E. ALT P Sansoni, Aldo J. P P Schafer, R.L. AB AB Shoal, Gerald P P Smith, Catherine P P Spruance, William H. P P I P=Present Stovall, John F. ALT ALT ! Ag'r=Aiternate Sullivan, Bernice EX AB Theisen, Ronald P P Tiedemann, Ed AB P AB=Absent Warmerdam, Mary-Ann AB EX Wisehart, Dana P ALT Wood, Richard P P EX= Excused Wullbrandt, Chip EX P Zinke, Dee P P 2003 State Legislative Committee Attendance 1/24/03 2/21/03 3/'14/03 4/4/03 4/25/03 5/16/03 MEMBER H. Jess Senecal, Chair P P EX P EX Paul BartMewicz, Vice Chair P P P P P Anderson, Tim P P P P P Aranda, Manny P P P P P Basye, George P ALT P P P Byrne, William P P P EX P Clark, Robert H. P ALT AB AB AB Clay, Ben P P P P P Conant, Ernest A. P EX EX P P Coolidge, Keith AB P P P P Corley, Raymond E. P ALT P P P Davis, Ronald L. p p p p p O DeLoach, Robert P P P P P Donner, Al P P P P ALT Farrel, Glenn p p p p p t..- Ferris, Mi]es P EX P P AB Ganulin, James P P EX P P Hardesty, Mike P EX EX P P Hubbell, Annette P AB P EX EX ~'~ Jensen, Douglas B. P P EX P P Kidman, Ailhur G. P P P P P Luckey, B~rad P P EX P P McCullough, Timothy R. AB P P P P Nees, Robert EX P P P P Nordstrorn, Michael N. P P EX p p O Winkler Ed P AB AB ALT p Z Sansoni, AIdo J. AB P P P EX Schafer, R.L AB AB AB AB AB Shoaf, Gerald P AB ALT P P Smith, Catherine P P AB P P Spruance, William H. P P AB P P Stovall, John F. P ALT ALT ALT P Sullivan, Bernice P P P P . P Theisen, Ronald P · p ALT ALT P Tiedemann, Ed P AB AB P P Warmerdam, Mary-Ann AB AB P P Wisehart, Dana ALT ALT P P P Wood, Richard P P P P P Wullbrandt, Chip P P EX P P Zinke, Dee P P EX P P 2003 State Legislative Committee Attendance 6/6/03 6/27/03 7/f8/03 8/22/03 MEMBER H. Jess Senecal, Chair P P Paul Bartkiewicz, Vice Chair P ALT Anderson, Tim P ALT Aranda, Manny P EX Basye, George ALT P Byrne, William P P Clark, Robert H. AB AB Clay, Ben P P Conant, Ernest A. P P Coolidge, Keith P AB Corley, Raymond E. P ~ ALT Davis, Ronald L. P ~-- ALT O IDeLoach, Robed P f,.) EX Donner, Al P (~ P iFarrel, Glenn AB ~-- P Ferris, Miles P (~ P Ganulin, James p ¢,~ EX Hardesty, Mike P ('- P Hubbell, Annette P (~ EX Jensen, Douglas B. P t-' p Kidman, Arthur G. P Luckey, Brad P 4--, P McCullough, Timothy R. P (,~ P Nees, Robed P P Nordstrom, Michael N. EX O p Winkler Ed AB Z P Sansoni, Aldo J. P P Schafer, R.L. P P Shoaf, Gerald P P Smith, Catherine AB P Spruance, William H. P P P=Present Stovall, John F. P P ALT=Alternate Sullivan, Bernice P P Theisen, Ronald ALT P Tiedemann, Ed P P AB= Absent Warmerdam, Maw-Ann P Wisehart, Dana AB Wood, Richard P P EX= Excused Wullbrandt, Chip AB P Zinke, Dee P P Water Management Committee Meeting Attendance Record 2002-2003 3£ommittee Member 1/31/02 5/8/02 8/14/02 11/02/02 5/7/03 9/19/03 ~;reg Zlomick, Chair P P P P P _~Chris Kapheim P P P P P David Alves E E __~{arion Ashley E P E P I - Thaddeus Bettner E E P P P Axthur Bullock E E Judy Delbon P P E P MaryAnn Dickinson P P P P Barbara Dore E P E .~Lloyd Fryer , P P E P E Mario Garcia E I p E E ~ran Garland E P P P E ~)lm Garner P E [ BBrent Graham E P E P -~[elody Henriques P P E P P Luther Hintz P P E P -~ill Jacoby E P P E John Kingsbury P p P p p John Lampe P P P P p Richard Larsen P P P p p Hank Laubacher P P E P * 'Z'~avid Luker E P P P P ~.~_er t Michalczyk P P P p John Morris E P E P P Slephen Ottemoeller E P E P P ~Virginia Porter E P , E P P Roger Reynolds E P E P E Eddie Rigdon E P E P Paul Selsky E P * Peer Swan P P P P p P atricia Tennyson E P P P P Mike Thompson P P P p p Bob Vetter P p * Walt Ward i P P P P P Andrew Watldns P E Mark Weston P P P P p Derrick Whitehead E P P David Witter E E P - Present E - Excuse Absence Name * -Resigned orRemovedfromWMC ACWA COMMITTEES PURPOSES AND RESPONSIBILITIES COMMUNICATIONS COMMITTEE - STANDING/LIMITED MEETINGS ARE HELD 4 TIMES A YEAR · One at both the Fall and Spring conferences · One at the Saeran~ento office between conferences · One at a member agencies site between conferences The purpose of the ACWA Cormnunications Committee is to develop and make reconm~endations to the Board of Director's and association staff regarding comprehensive internal and external communications/public affairs programs. Programs are crafted to support ACWA and its members' positions on legislative, regulatory, and policy ~ssues. The committee is responsible for developing and updating a comprehensive communications plan for ACWA. The committee promotes the development and implementation of sound public information and education programs and practices among member agencies. It prepares materials that can be duplicated or used by member agencies for their local public information/education efforts. As a member of the committee, you will be enrolled as an active participant in ACWA's Outreach Program. The committee also provides guidance to ACWA's Communications Department. ENERGY COMMITTEE -- REGULAR/UNLIMITED MEETINGS ARE HELD 2 TIMES A YEAR · One at both the Fail and Spring conferences The purpose of the Energy Committee is to work with staff in developing and making recommendations to the Board of Directors regarding: Programs to assure an adequate power supply for member agencies, including energy, availability, pricing, distribution and hydro generation ° Policy recommendations relating to the development of new power sources · Recommended positions regarding state and federal legislation to the State Legislative and Federal Affairs Committees · Assistance with the development, direction and work associated with representation before the Public Utilities Commission, the Federal Energy Regulatory Commission and other regulatory agencies dealing with energy · Educate members on all energy matters having impact on their operations ACWA COMMITTEES PURPOSES AND RESPONSIBILITIES PAGE 2 FEDERAL AFl'AIRS COMMITTEE - STAND1YVG/LIM1TED MEETINGS ARE HELD 4 TIMES A YEAR · One at both the Fall and Spring conferences '* Two between conferences (Jan & Sept) in the Sacramento office The Federal Affairs Committee coordinates with other ACWA conu'nittees regarding their input ou any issues directly related to federal issues before both Congress and the Federal administrative branches. As a member of the committee, you will be enrolled as an active parlicipant in ACWA's Outreach Program. The committee currently has four separate subcommittees. Committee members have the opportunity to sign-up for as many of the subcommittees as they want, plus being supplemented by other members with interest in a focused area. The subcommittees with areas of responsibility are: ·Federal Projects Subcommittee: Responsible for the oversight and policy direction for issues pertaining to the federal water projects in California. ·Water Environment Subcommittee: Responsible for oversight and policy direction on the Clean Water Act, and agricultural drainage. *Water Supply Subcon-m~ittee: Responsible for oversight and policy direction on the Safe Drinking Water Act and Endangered Species Act. · Policy Subcommittee: Responsible for policy direction and recommendations to the ACWA Board of Directors between full Federal Affairs Conm'fittee meetings. It is comprised of the chairs of the various subcommittees. FINANCE COMMITTEE - STANDING/~IMITED MEETINGS ARE HELD APPROXIMATELY 4-5 TIMES A YEAR · One at both the Fall and Spring conferences · All other rneetings are held in the Sacramento office The Finance Committee makes recommendations to the Board of Directors regarding annual budgets, investment strategies, annual audits and the selection of the auditor, the dues formula and schedules and other fmancial matters that may come before the committee. Each committee member will be expected to serve on at least one of the subcommittees, which are: · Audit Subcommittee * Budget Subcommittee * Investment Subconmfittee *Revenue Subcommittee Education Subconurfittee ACWA COMMi l-l'gES PURPOSES AND RESPONSIBILITIES ]?AGE 3 GROUNDWATER COMMITTEE - REGULAR/UNLIMITED MEETINGS A~E HELD 4 TIMES A YEA~ · One at both the Fail and Spring conferences · One in Northern California between conferences · One in Southern California between conferences The Groundwater Committee monitors state and federal regulations and legislation that could affect the quality or quantity of groundwater, conducts studies, develops policies regarding the management of groundwater and coordinates with other ACWA committees on issues directly related to groundwater. Committee members are expected to participate in a variety of activities including writing legislation, preparing comments for state or federal hearings on groundwater issues, developing programs for workshops and conferences, and providing input on state and federal legislation. INSURANCE AND PERSONNEL COMMITTEE - ST,4NDING/~IMITED MEETINGS ARE HELD 4 TIMES A YEAR · One at both the Fall and Spring conferences · One in April in the Sacramento office · One in July in Southern California The Insurance and Personnel Committee works with staff in developing, reviewing and making reconm~endations to the Board of Directors regarding the following: * All ACWA group insurance program offerings Annual contract negotiations and renewal of all group employee benefit plans, retirement issues and ACWA-sponsored deferred compensation plans Sponsor special studies on insurance-related problems and issues o Sponsor safety programs for risk management or workers' compensation claims · Del'me the scope of any audit to be performed by an independent actuary, as needed · Gather, develop and publish comparative data on salary ranges, employee benefits and other personnel and administrative data pertinent to the management of member agencies LEGAL AFFAIRS COMMITTEE - REGULAR/LIMITED MEETINGS ARE HELD APPROXIMATELY 2-3 TIMES A YEAR · One at both the Fall and Spring conferences · As needed in between the conferences ACWA COMMITTEES PURPOSES AND RESPONSIBILITIES PAGE 4 LEGAL AFFAIRS COMMITTEE - CONTINUED The con'tmittee's prhnary purpose is to support the mission of the Association, and more particularly, to deal with requests for assistance involving legal matters of significance to ACWA member agencies, water rights matters, proposed ACWA bylaw revisions, etc. The committee also works with staff to produce publications to assist water agency officials in complying with applicable state and federal laws. The committee's areas of responsibility include: Amicus curia filings on important cases Commenting on proposed regulations and guidelines of state agencies such as Fair Political Practices Conm~iss~on regulations or opinions and CEQA implementation guidelines Entering a suit as primary litigant · Dealing with any water rights matters of interest to member agencies · Reviewing all proposed ACWA bylaws for teclmical competence and consistency with the nonprofit corporation law and other bylaws LOCAL GOVERNMENT COMMITTEE - STANDING/I~IMITED MEETINGS ARE HELD 4 TIMES A YEAR · One at both the Fail and Spring conferences · Two in between the conferences in the Sacramento office The Local Government Conmaittee: · Recommends policies to the State Legislative Committee and the Board of Directors on matters affecting water agencies as a segment of local government in California, such as planning issues and local govermnent organization and fmance · Plans and presents a program at each ACWA conference relating to local governance issues affecting water agencies Gathers data and disseminates information on.the value of special districts * Disseminates information promoting excellence in service delivery · As a member of the committee, you will be e~rolled as an active participant in ACWA's Outreach Program. MEMBERSHIP COMMITTEE ~ REGULAR/UNLIMITED MEETINGS ARE HELD 2 TIMES A YEAR · One at both the Fall and Spring conferences The Membership Committee takes any recommendation regarding ACWA policy to the ACWA Board of Directors for approval, meets to review and make recommendations regarding membership eligibility and all membership applications; assists the staffwith the development of recruitment and retention progran~s and reviews and makes recommendations regarding an equitable dues structure to the ACWA Finance Committee. ./kCWA COMMITTEES PURPOSES AND RESPONSIBILITIES PROGRAM COMMITTEE - REGUIMRftJNLIMITED MEETINGS ARE HELD 2 TIll_ES A YEAR · Both are held via conference call at various times throughout the year The committee develops the themes and program framework for the ACWA spring and fall conferences as well as a variety of workshops and seminars and looks to other committees to assist in rounding out the entire program. It assigns appropriate topics to various cormxaittees for program development. Subcommittees and/or ad hoc committees also work on program development for various workshops and seminars. STATE LEGISLATIVE COMMITTEE - STANDING/LIMITED MEETINGS AREHELD APPROXIMATELY 10-12 TIMES A YEAR · Every three weeks during Session in the Sacramento Office · One planning meeting at the end of the year in the Sacramento Office The State Legislative committee sets state legislative policy for the Associations. Colxm~ttee members are responsible for reading relevant legislation, developing positions, working with staff to draf~ appropriate amendments to bills, providing input to the ACWA Board of Directors, and directing ACWA legislative staff on legislative matters. As a member of the committee, you wilt be enrolled as an active participant in ACWA's Outreach Progran~. x~/ATER MJkNAGEMENT COMMITTEE - STAN~>ING/LIMIrED MEETINGS ARE HELD 4 TIMES A YEAR · One at both the Fall and Spring conferences · Two between conferences in the Sacramento office The purpose of the Water Management Committee is to work with staff in developing and making recommendations to the Board of Directors regarding. policy and programs on significant areas of concern in water management, review and recommend positions regarding legislation and regulations as requested by other committees, select recipients of the Theodore Roosevelt Environmental Awards and the Water Management Certification Awards, and distribute information to and receive information for award recipients fi:om among the ACWA membership. The committee is also responsible for the gathering and dissemination of information regarding management of agricultural and domestic water, conjunctive use, water management and conservation activities, development and use of water resources, and wastewater treatment and its reclanaation and reuse. ACWA COMMITTEES PURPOSES AND RESPONSIBILITIES PAGE 6 WATER QUALITY COMMITTEE - ST. dNDING/UNLIMITED '~' MEETINGS ARE HELD BY SUBCOMMITTEES Safe Drinking Water Subcommittee meets 4 times a year · One at both Fall and Spring conferences · One in Northern California between conferences · One in Southern California between conferences Clean Water Subcommittee meets 3 times a year · One at both the Fall and Spring conferences · One in between conferences in the Sacramento office Water Quality Conunittee was established to reconm~end policy and programs to the Board of Directors, State Legislative Committee and/or Federal Affairs Committee; promote cost effective state and federal water quality regulations affecting both agricultural and domestic water agenmes; and provide a means for members to work together to develop and present unified conmxents on water quality regulations, as well as to coordinate with other organizations. The ACWA bylaws provide authority to the committee to develop and reconunend ACWA positions and testimony on water quality regulatory issues. As a member of the committee, you will be em-oiled as an active participant in ACWA's Outreach Program. '"" ACWA 2004-2005 COMMITTEE APPOINTMENT PROCESS / Timeline .~ UGUST 11th Coum~ittee Appointment Packets are sent to all Agency general managers, board presidents & Associate/Affiliate contacts. The packet contains: I List of all agency staff, directors, associate/affiliate members currently se~wing on ACWA con2nittees. []Cmmnittee descriptions, purposes / responsibilities. [] Con~nittee consideration form and sample for the 2004- 2005 term. [] 2004-2005 Committee consideration timeline / process outline. ' 14th Letters are sent to all current, conm~ittee members notifying them of the process to be considered for reappointment to ACWA co~rnuittees. Important note: all current co~mxfittee members must standagain for ?eappointment by completing and submitting to ACWA a committee consideration fon2. .OCTOBER 1st All committee consideration forms must be submitted to ACWA. 10th ACWA submits con~aittee consideration lists by region to the incoming 2004-2005 Region Chairs / Vice Chairs. ][3th - 31th Outgoing and Incoming Region Chairs / Vice Chairs meet for training, input and continuity of the committee process. The Incoming Region Chairs / Vice Chairs will make their reconm~endations for cmrnnittee appointments at this time. NOVEMBER ?th Deadline for Region cmmnittee recommendations to be submitted to ACWA. 14th Region recmm~endations are reviewed by ACWA staff conunittee liaisons. ,OECEMBER 5th Region committee recommendations are submitted to the incoming ACWA President and Vice President for their consideration. ~'~' 12th Thank you letters with certificates of appreciation are sent to all out-going cmm'nittee members. 19th Deadline for the ACWA President to complete conm~ittee appointments. ?-9th ACWA sends official appointment letters to new cmrmfittee members who will serve for the 2004-2005 term. JANUARY 2ha ~cw~ sends letters to those not receiving an appoinm~ent to ACWA cormnittees and places those individuals on a waiting list for possible future appointment as vacancies occur. MEMORANDUM _.hie cJU' ' na inlper' August 13, 2003 TO: ACWA REGION 9 MEMBER AGENCY BOARD PRESIDENTS AND GENERAL MANAGERS FROM: JOHN CHANDLER, ACWA FIELD REPRESENTATIVE SUBjECT: REGION 9 ELECTION FOR 2004-2005 TERM SAMPLE BALLOTS FOR SEPTEMBER 12 ~ MEMBERSHIP MEETING, 2003 It is time to elect the ACWA Region Officers and Board Members who will represent and serve Region 9 for the 2004-2005 term. Enclosed you will find a sample ballot which includes the names of the Region 9 Nominating Committee's slate recommendations and any other eligible candidates. Your agency is entitled to cast one vote for each of the Region 9 positions. Region 9 will hold its elections in-person during its Membership Meeting. Each agency is asked to send at least one representative of their agency to cast their vote for the Region 9 positions. Date: Friday, September 12, 2003 Time: 10:00 a.m. - 2:00 p.m. Location: Cucamonga County Water District 10440 Ashford St. Rancho Cucamonga, CA 91730 REMEM~BER: YOUR VOTE IS I1VIPORTANT. ' The Region 9 Chaff and Vice Chak will serve on ACWA's Board of Directors for the next two years. The Chair and Vice Chair will also make the Region 9 committee appointmem recommendations to the ACWA President for the 2004-2005 term. The Association of C~[[ifornla Region 9 Board Members you elect will represent and communicate the water ^gendes issues, concerns and needs of ACWA members in Region 9. 910 K Street, Suite 100 Sacramento, Ca[i[omia 95814-3514 If yOU have any questions about the ballot or voting process, please contact 916/4414545 me at (916) 441-4545 or by e-mail at iohnc@acwanet.com. Thank you for ~^x 916/325-4849 w~,~,.acwamcom your careful consideration and participation in the Region 9 election process. Hall of the Stat~ 400 N. Capitol St., N.W. Enclosure ~ Suite 357 South Washington, D.C 2000~-1512 202/434-4760 ~^x 202/4S4-4763 ACWA RFJGION 9 SAMPLE BALLOT 2004-2005 Term NOMINATING COMMITTEE RECOMMENDATIONS: Nominee for Chair: [3 Brad Luckey, Imperial Irrigation District Nominee for Vice Chair: [3 Joe Kuebler, Eastern Municipal Water District Nominees for Region 9 Board Representatives: [] Steve Robbins, Coachella Valley Water District D Richard Larson, San Gorgonio Pass Water Agency [] Ben Wicke, Elsinore Valley MWD [] Terrance King, Chino Basin WCD [] Ronald Sakala, Cucamonga County Water District ADDITIONAL CANDIDATES: N/A Expendable Scholarship Establishment and Award Agreement (Sample Agreement) The "NAMED" Expendable Scholarship (?COTE: For a ONE-TIME GIFT of $5,250 to establish, in full, the "named" expendable scholarship, use the following text.) I, (name of donor), hereby contribute to the Foundation for California State University, San Bernardino (CSUSB) the amount of $5,250 to establish the (Name of Expendable Scholarship here) expendable scholarship on (effective date is date Foundation receives gift). O~fOTE: For a PLEDGE of $5,250 to be paid over 5years to establish the "named" expendable scholarship, use the following text) I, (name of donor), hereby pledge to the Foundation for California State University, San Bemardino (CSUSB) the amount of $5,250 to be paid (in annual increments of $1,050; OR semi-annual increments of $525) over a maximum period of 5 years based on the anniversary date (list anniversary date here--donor elects anniversary date) to establish the (Name of Expendable Scholarship here) expendable scholarship. I hereby pledge to make my first pledge contribution on (effective date is the date Foundation receives the first pledge contribution). RECITALS Whereas, (name of donor here), desires to promote higher education for the students of California State University, San Bernardino; Whereas, (name of donor here), recognizes the importance of universities and the role they play in providing higher education for individuals; Whereas, the Foundation for California State University, San Bemardino (CSUSB), a non-profit 501( c )3 corporation, has been formed to assist CSUSB in conducting its mission of providing higher education services; Whereas, (name of donor here), wishes to provide funding to the Foundation for C. SUSB for the purpose of providing scholarship funds for CSUSB students; Now, therefore it is agreed as follows: This scholarship is to provide funds to meet the cost of education -- fees, books, ,expenses, room and board -- for students who meets the following scholarship criteria: (NOTE: Criteria listed below serves as suggested/sample criteria*. Keep as broad as ,possible within the donor's intent. Criteria cannot violate Prop. 209 or other legislation,, £e. using age, race, sex, color, ethnicity or national origin criteria. Criteria cannot allow for the award amount to supercede awards allowed by law, i.e., criteria cannot state the award to be used to augment the maximum amount awarded to a student allowable by law.) *:Tample Criteria: *Student enrolled in the MA program in the College of *Minimum G.P.A. of *Demonstrates an interest to continue education beyond a Master's degree *Financial need considered but not essential *Financial need only *Merit-based only All funds contributed to the university for scholarships are administered through the Foundation for CSUSB. A 5% recovery fee is charged on all gifts administered by the Foundation for CSUSB. Expendable scholarships are publicized campus-wide beginning in January of each year. Applications are reviewed by the College ( if applicable) Scholarship Committee, and scholarships are reviewed by the Financial Aid Office. I:~'the person(s) establishing this scholarship dies, and the terms of the agreement cannot be met because of any reason, the University reserves the right to make the necessary changes so that the monies can be awarded. The University will include this gift commitment in any appropriate internal reports and ftmdralsing materials that list donors, unless the donor specifically requests anonymity. (Please print name(s) as you would like it to be listed for recognition) I, (name of donor), hereby accept these guidelines for the establishment of the (Name of Expendable Scholarship here) expendable scholarship. Name of Scholarship Contributor James Sando, Executive Director The Foundation for CSUSB lvlailing Address City, State, Zip Date :Date :Rev. 4-11-03 dg Endowed Scholarship Establishment and Award Agreement (Sample Agreement) The "NAMED" Scholarship Endowment }k~ .,, ~ (NOTE: For a ONE-TIME GIFT of $10,500 to establish, in full, the "named" scholarship endowment, use the following text.) I:, (name of donor), hereby contribute to the Foundation for California State University, San Bemardino (CSUSB) the amount of $10,500 to establish the (Name of Endowed Scholarship here) endowed scholarship on (effective date is the date Foundation receives the gift). CNOTE: For a PLEDGE of $10,500 to be paid over 5years to establish the "named" endowed scholarship, use the following text) I, (name of donor), hereby pledge to the Foundation for California State University, San Bemardino (CSUSB) the amount of $10,500 to be paid (in annual increments of $2,100; OR semi-annual increments of $1,050;) over a maximum period of 5 years based on the anniversary date (list anniversary date here donor elects anniversary date) to establish the (Name of Endowed Scholarship here) endowed scholarship. I hereby pledge to make my first pledge contribution on (effective date is the date Foundation receives the first pledge contribution). RECITALS Whereas, (name of donor here), desires to promote higher education for the students of California State University, San B emardino; Whereas, (name of donor here), recognizes the importance of universities and the role they play in providing higher education for individuals; Whereas, the Foundation for California State University, San Bemardino (CSUSB), a non-profit 501( c )3 corporation, has been formed to assist CSUSB in oonducting its mission of providing higher education services; Whereas, (name of donor here), wishes to provide funding to the Foundation for CSUSB for the purpose ofprovid'mg scholarship funds for CSUSB students; Now, therefore it is agreed as follows: This scholarship is to provide funds to meet the cost of education -- fees, books, expenses, room and board -- for students who meet the following scholarship criteria: (NOTE: Criteria listed below serves as suggested/sample criteria*. Keep as broad as possible within the donor's intent. Criteria cannot violate Prop. 209 or other legislation. £e. using age, race, sex, color, ethnicity or national origin criteria. Criteria cannot allow for the award amount to supercede awards allowed by law, i.e., criteria cannot state the award to be used to augment the maximum amount awarded to a student allowable by law.) *Sample Criteria: *Student enrolled in the MA program in the College of *Minimum G.P.A. of *Demonstrates an interest to continue education beyond a Master's degree *Financial need considered but not essential *Financial need only *Merit-based only All funds contributed to the university for scholarships are administered through the Fonndation for CSUSB. A 5% recovery fee is charged on all gifts administered by the Foundation for CSUSB at the time of deposit. Endowed scholarships are publicized campus-wide beginning in January of each year. Applications are reviewed by the College ( if applicable) Scholarship Committee, and scholarships are reviewed by the Financial Aid Office. If the person(s) establishing this scholarship dies, and the terms of the agreement cannot be met because of any reason, the University reserves the right to make the necessary changes so that the monies can be awarded. Tine University will include this gift commitment in any appropriate internal reports and fuadraising materials that list donors, unless the donor specifically requests anonymity. (Please print name(s) as you would like it to be listed for recognition) I, (name of donor), hereby accept these guidelines for the establishment of the (name of endowed scholarship here) endowed scholarship. Name of Scholarship Contributor James Sando, Executive Director The Foundation for CSUSB Mailing Address City, State, Zip [)ate Date l~v 6-5-03 dg Memo To: Bob Martin Fromm: Brian Tompkins CC: Da[e: 08/19/03 Re: Letter from Donna Horton Afl,sr reading the letter from Donna Horton, I have the following responses: I did speak with Ms. Horton on the 6th and promise to investigate and get back to her. I asked Justine to review the billing joumals and delinquent notice records to verify that Ms. Hortons account was included. It was. I then asked Justine to tell me on which date the 48 hour notices were hung. She checked and told me July 29th, as opposed to the 27th as iterated by Ms. Horton. Ms. Horton called me twice the next day, August 7th. I missed her the first time but did take her call at around 4;00. I still planned on talking to the meter shop person who would have hung the tag on the 29~h, to see if they could remember her address, so I began our conversation by telling her that I had not come to a conclusion yet. She then told me that she was sure we had not sent a bill, or any follow-up notices, because she had bean told by the post office that they had been getting many complaints regarding water bills. She then asked who the general manager here was, I told her, and she asked how to submit a formal request for a refund. I told her of the claim forms we have. She said she would be in to pick one up. At this point I made the assumption that she was going above me and would disregard any response I gave her, so, as she stated, I did not call her back. I did however, go out to the meter shop and ask who had hung the tags on the 29th, Steve F. looked in his log and told me it was Randy. At my request he called Randy and asked if he remembered hanging a tag at the Horton address. He did not, so Steve asked him to ddve by there some time to see if he remembered the property. Either the next day, Friday, or the following Monday, Randy came to my office and told me that he did remember hanging a tag at that address. When I asked him where he hung it, he said on the gate. This confirmed to me that he had placed a tag at the property, as someone had told me earlier, I think Justine, that there was a dog at the property. · Page I RELEASES OF LIEN AUGUST 19, 2003 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER: NAME ADDRESS OWED 1. 0070187-02 63.39 2. 0230260.00+ 1.23.92 3. 0240028..02 20.69 4. 0330087-04 81.32 5. 0350089..00 80.05 6. 0440014..05+ 41.99 7. 0630046..04+ 27.64 8. 0640086-02 70,33 9. 0640101-04 76.62 10. 0730147-03 62.64 11. 0740049-01+ 40.02 12. 0810040-02 57.46 113. 0830081-01 92.06 14. 0830141-01+ 120.96 lr5. 1010106-07 84.68 116. 1010193-03 106.23 '17. 10t0193~-05 67.90 18. 1010193,-06 95.88 '19. 1040084.-05 135.92 20. 1120074-06 55.34 21. 1120118-06 63.53 22. 1550009-05 55.95 TOTAL ~ $1,624.52 +PAID THROUGH TAX ROLLS Page 1 of 1 ~ ~ w 0 .-., (/) 0 Z ~ I-- £~ Z D~ 0 ='~ 0 va~l~e Donald D, Goodin East' y Water District George ~:. "Skip" Wilson Vice President 1185 Del Rosa Avenue., P.O. Box 9427 Glenn I:{. Llghtfoot Director San Bernardino, California 9241 $ Kip E. Sturgeon (909) 889-9501 Edward S, Negrete August I 8, 2003 Robert E, Martin Brian W. Tompkins Paul R. Dotter Raymond Rucker, Mayor/Chairman City of Highland/Highland Redevelopment Agency 27215 Baseline Highland, CA 92346 Subject: Offer to Purchase Property APN 1201-361-01, 02, 03 Dear Mayor Rucker: Reference is made to your letter dated July 22, 2003 regarding an offer by the City of Highland to purchase property from the East Valley Water District. This matter was taken before the EVWD Board of Directors at its regularly scheduled Board meeting on August 12th. After careful consideration of the City's offer to purchase the 13.3 acres of land at the northwest comer of 5a~ and Webster Street, the Board decided to respectfully decline the offer. We appreciate, however, the City's interest in this property. If you should have any questions concerning this matter, or wish to discuss it in more detail, please do not hesitate to contact Robert Martin, General Manager at (909) 885-4900, or myself. Very truly yours, Donald D. Goodin Board President DG: etb Administration (909) 885-4900, Fax (909) 889-5732 · Engineering (909) 888-8988, Fax (909) 383-1481 Customer Service & Finance (909) 889-9501, Fax (909) 888-6741 ci q. fuly 22, 2003 Don Ooodln, Chairm~n East Valley Water District P.O. Box 3427 Highland, CA 92346 Re: Offer to Purchase Property 27215 Base Uno Fiffi* Street, west of Webster Street, Highland, California Highland, CA 92346 Cog) 8s~-s~s~ Assessor Parcel Numbers: 1201-361-01, 02, & 03 FAX (9OS) 862-3180 www.ol.high[and.ca.ua cay couna[ Dear Chairmm~ Ooodin: Mayor OIl behalf of a mai ority of the members of the Highland Redevelopment Agency (file Ray Rucker. Jr. "Agency"), I would like to extend an Offer to Purchase the property owned by East Mayor Pro-'rem Valley Water District generally located on Fifth Street, west of Webster Street or Brad Sundquist conm~only referred to as Assessor Parcel Numbers 1201-361-01, 02, & 03. The John Tlmmer Offer to Purchase is based on an appraisal the Agency commissioned to establish the Larry McCallon Steve Graves properties' value reflective of current market and sales data. Therefore, the Agency's Offer to Pm'chase is $2,105,000 (TWO MILLION, ONE HUNDRED FIVE THOUSAND DOLLARS) for all real property, improvements and lease hold City Manager Sam J. Raeadlc, interests of the above referenced properties. We are available to further discuss the Offer to Purchase ancVbr other matters associated with the transaction. Please feel free to contact Sam Racadio, City Manager/Executive Dh'ector at (909)864-8732 extension 203. Further, a copy of the appraisal mentioned above can be provided to you if you wish a copy. Sincerely, Mayor/Chairman City of Highland/Highland Redevelopment Agency pc: City Council/Agency Board Members Sam Racadio, City Manager/Executive Director RR:rch Association of the San Bernardino County Special Districts ~e?te~,,I, er ti, ZOO3 Baldy ~lesa Water District is hosting the September membership meeting at ~rx-ee~x 'I~.ee I~x~ inVictorville. The social hour will begin at 6 p.m. with a call to order' at 6:45 p.m. A sit-down dinner will be served. ~ee~ ~ps Durgundy serVe~ On a' b~od ~ egg noodLe~ Chicken Charclonnay' ~coppe~ v~h \~/h~.~ \~/in~ Cream ..Bauc~ z.~rv,,d '~4i'l:h: To~d pee, sa[ad, veg~b~ who~ baby red p~. roL~ and buyer, c~e. ~ or miL~ O~s~ ~Oco~ cak~ ~ r~pber~ ~uce ~peaker: ~r~ ~ ~ce Pr~id~ for ~pera~on5 RSVP to Gayle Signorino by September 8, 2003 Telephone:' 760-949-0332 ext' 13 Fax: 760-949-7563 10313 Duncan Road. Victorville, CA 92392 District/Associate AtPendees: E~tr~e: There is a $2 sur:harg¢ per person for resc~valions made after the deadline date and coming to the dinner mee~ng without having made reservalious. You will also be billed for the ainner ff cancellation is not received PRIOR to the deactlfl~e date. Green Tree Inn : 14173 Green Tree Blvd Victorville, CA Righway 1-15 to Palmdale Road (CA-18 W) exit. Turn left on Mariposa Road {IcTS l~iJtoric Route 66). Turn fight on 7dt St {1JS ]ti~tofie Route 66). Turn right on Green Tree Blvd. N S The Highland Area Chamber of Commerce / BUSINESS CONFERENCE GET-A-WAY! Come away on a magnificent trip to the Temecula Valley at the Embassy Suites November 8-1 O, 2003 Conference Registration $450.00 per person Spouse/Guest $150.00 Day Function Start End Chamber Itineraqt will include: ~aturday Chock-in 3:00pm Conference Gift Bag Mb(er* 5:30pm Conference T-shirt Dinner* 7:30pm Chamber Reception Mixer Conference Dinner ~unday Breakfast** 7:00am 10:30am Round Table Conference Conference* 9:00am 12:00pm Networking Mixer & Dinner Attendance Prizes and Much More Mixer* 5:30pm *Actual Conference Events Dinner* 7:30pm **Included tn Package, on own Vlonday Breakfast** 0:00am 9:30am (Thnes and Itlnerary Subject to Change) Check-Out 12:00pm First Deposit is $150 per person by August 28 Second. Deposit is $150 per person by September 1 All Registrations and Final Payments are due by October 3 For additional information contact Highland Area Chamber of Commerce 7750 Palm Ave. Suite N / P.O. Box 455 Highland, Ca. 92346 864-4073 wrench takes Official to Colton water BY ELLEN BRAUNSTEIN ~ng. It up~t me. It wa8 tile · rn~. t,~ss,.~,.v..k.~.~rnlS~: thing ytm would want COC~N='~ Br??t Isnl ~n- Month a[ter month, ~lng th~ ~lt0h ~'a~r D~art- (k)mml~sioner BD~nt hea~ merit. ~st the ~ater. mix)rcs Last~'~k~'th6utilitiescominis- ~hmlarl}~ throughout 's ncr& "oDene8 th6 fire hydrantsThe turnulefiee turns the on his street to blow brown contaminated taD water brO~. water out of the sediment-laden "l~'s dark. dark brown. I pipes, see ti Ix~ugh It, said Br~. t who The city didn't like that --: an lives on North Olisc Strect.~ employee ac~'ug~ him ofqealing On Friday, Bryant's mp water PAOL ALVAREZ / '1 II~ PI~I~K~ EN~'LILISB I%E WsteL Terry Bryant is a ¢olt6n utfli{le~ co~missloner. Ops~ with 'l~e city can have it, Bryant, a Drohlem dis~ars gGhen a per- sediment in his ~p w~ter, B~ant tried to flush out brown water by retired cran~ 6perator. said ~- son is ~y!ng to ~how th6 ante me- opening fire hydr.mts near his home. day. ~e water "was so distrust- ],czasz s~:~; UTmT~ES, 'DISCOLGRIDWAYE~" CONTINUED FROM B1 Brown, red orange or chanicwhat swrong, yellow water ]s caused by lhep~oble~ co.es and goes, 'ust I~ the water, often from comes arid goes," Rl'yant said. c~ty water mares or ~our lie shrugged and twisted the residence~s water p~oes mp closed Drinking the water will nor Bryant isn't the only resident make you sick. but it is r. complain about ~iseolored often very unpleasant. Wait water. A water d~partment etls~ several hours for the water tomer service representative to clear before using sa Tnrsday s~e gets c s Formo~einf~imafion. call "but liot a lot." the Colton Water DeoartmeDt,'(909) 370- Bryant is the only customer~o attack the problOm with acres- L 5040. .. cent wrem:h, said CityManager -- - '~ Daryl Parrish, 'We we ~dercd who turYlb(1 the'hydrahts'on aud why. :. The tnves~lgafi0 ~ t( one of the utility "We talked tO that th dfc it flood ltOll B1 yant f(.~dls like' he's in u'ou- (icpartment something was b]e, lie said.'"God, 1 h6pe }tOt. t wrong, he said "'['hpy knQw it imD3cdiately, 11 kind of like my job on the eom- took un hour for thom to gel m~ssion"