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Home My WebLink AboutAgenda Packet - EVWD Board of Directors - 03/23/2004DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING MINUTES MARCH 9, 2004 The meeting was called to order at 2:00 p.m. by President Wilson. Director Goodin led the flag salute. PRESENT: Directors Goodin, Negrete, Lightfoot, Sturgeon, Wilson ABSENT: None STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Mary Wallace, Administrative Assistant LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews, Charles Roberts (Highland Community News) APPROVAL OF AGENDA M/S/C (Lightfoot -Goodin) that the March 9, 2004 Agenda be approved as submitted. PUBLIC PARTICIPATION President Wilson 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 FEBRUARY 24, 2004 BOARD MEETING MINUTES. M/S/C (Sturgeon-Negrete) that the February 24, 2004 Board Meeting Minutes be approved as submitted. Minutes: 03/09/04 APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. M/S/C (Sturgeon-Negrete) that the liens for delinquent water and sewer accounts be approved for processing as submitted. DISBURSEMENTS M/S/C (Sturgeon-Negrete) that General Fund Disbursements #196378 through 196556 distributed during the period of February 25, 2004 through March 3, 2004 in the amount of $1,057,536.73 and Payroll Fund Disbursements for the period ended February 27, 2004 in the amount of $84,486.12 totaling $1,142,022.85 be approved. RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; that the "Rule" was in a holding pattern and there was nothing new to report: that this Agenda item will include a "Perchlorate" update in the future as well. Information only. CONSIDERATION FOR THE ENGAGEMENT OF A QUALIFIED "LEEDS" CONSULTANT TO EVALUATE COSTS AND BENEFITS ASSOCIATED WITH A "LEEDS" CERTIFIED BUILDING PROGRAM. President Wilson stated that he felt that Architect, Gary Miller, had presented qualified information about the design of the new District Headquarters design and that a third party should not be engaged. Director Goodin asked that the Board agree to hire a qualified "LEEDS" Consultant. He does not believe that the District has sufficient information to make a qualified decision. Director Goodin emphasized the fact that he felt Gary Miller was a capable architect. Director Negrete questioned the need to submit our project for LEEDS review and certification. Director Sturgeon stated that he had attended a "LEEDS" Conference in Sacramento and had informally talked with a "LEEDS" Consultant during that conference. He also stated that he felt that the District should secure more qualified information about the "LEEDS" program from a "LEEDS" source. Director Sturgeon did stress the fact that he was very satisfied with Gary Miller's abilities as an architect. Director Lightfoot stated that he would make a decision after the cost for hiring an energy efficient consultant had been established. The General Manager was directed to secure a proposal for the Analyses of economics and costs involved with using the L.E.E.D. design criteria. Information only. 2 Minutes: 03/09/04 DISCUSSION AND POSSIBLE ACTION REGARDING WATER SERVICE TO THE WYLE LABORATORIES PROJECT LOCATED AT THE SAN BERNARDINO INTERNATIONAL AIRPORT. M/S/C (Lightfoot -Goodin) that the District affirm water service capability to the Wyle Laboratories Project's proposed location at the San Bernardino International Airport. RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on March 2, 2004 was reviewed. Information only. GENERAL MANAGER'S REPORT The General Manager reported on the District's operations to date; that Directors Wilson and Sturgeon accompanied him to Sacramento last week to meet with various officials to discuss the Perchlorate issue in the Valley; took a poll of Directors who would be able to attend a joint meeting with the City of Highland on March 22nd (Directors: Wilson, Sturgeon, Goodin, Lightfoot) or March 29`h (Directors: Negrete, Sturgeon, Goodin, Lightfoot); that the Annual Highland Harvest Festival is scheduled for Saturday, March 27`x'. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS Directors Sturgeon stated that he would be attending an Executive Briefing sponsored by the Water Education Foundation in Sacramento on March 11-12, 2004; commended General Manager, Robert Martin, for the manner in which he represents the District during his meetings with public officials at various levels. Information only. Director Negrete stated that he would be attending the CMUA Conference in Monterey March 22-26, 2004. Information only. Director Wilson stated that he would be attending the ACWA Legislative Symposium in Sacramento on March 30, 2004. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. CITY OF HIGHLAND'S "CENTRAL AVENUE PARK" DEDICATION CEREMONY, SOUTHEAST CORNER OF CENTRAL AVENUE AND HIBISCUS STREET, 9:00 A.M. ON MARCH 10, 2004. Information only. ASBCSD MEMBERSHIP MEETING AND ANNUAL VENDOR FAIR, HOSTED BY INLAND EMPIRE UTILITIES AGENCY, PANDA INN, ONTARIO, CA. MARCH 15, 2004. Information only. 4 Minutes: 03/09/04 ACWA REGION 9 MEMBERSHIP MEETING, COACHELLA VALLEY WD, MARCH 15, 2004. Information only. URBAN WATER INSTITUTE SUMMIT CONFERENCE " THE CLEAN WATER ACT: CAN WE DO BETTER?" DOUBLE TREE HOTEL, SANTA ANA/ORANGE COUNTY AIRPORT, MARCH 17,18 & 19, 2004. Information only. CA-NV-AWWA 2004 SPRING CONFERENCE, JW MARRIOTT LAS VEGAS RESORT, SPA & GOLF, APRIL 13-16,2004. Information only. ACWA 2004 SPRING CONFERENCE, MONTEREY CONFERENCE CENTER, MAY 5-7, 2004. Information only. A SPECIAL DISTRICT INSTITUTE SEMINAR "LEADERSHIP AND STRATEGIC PLANNING", LA QUINTA RESORT & CLUB, JUNE 24-25, 2004. Information only. The meeting was adjourned at 3:20 p.m. Robert E. Martin, Secretary George E. Wilson, President 5 Minutes: 03/09/04 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT SPECIAL MEETING MINUTES til March 17, 2004 The Special Meeting was called to order at 2:00 p.m. by President Wilson. PRESENT: Directors: Lightfoot, Goodin, Negrete, Sturgeon, Wilson ABSENT: None STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Mary Wallace, Administrative Assistant LEGAL COUNSEL: Steve Kennedy GUEST(s): Jim Cimino PUBLIC PARTICIPATION President Wilson declared the public participation section of the meeting open at 2:01 a.m. There being no written or verbal comments, the public participation section was closed. CLOSED SESSION M/S/C (Lightfoot-Negrete) that the meeting adjourn to Closed Session. The Board entered into closed session at 2:02 a.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss the item listed on the Agenda. ADJOURN TO REGULAR SESSION President Wilson declared that the meeting adjourn to regular session. Special MeetingMinutes:03/17/04 ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 2:55 p.m. The item listed on the Agenda was discussed in closed session with no reportable action being taken. ADJOURN The meeting was adjourned at 2:55 p.m. Robert E. Martin, Secretary George E. Wilson, President 2 Special MeetingMinutes:03/17/04 EXHIBIT "A" RESOLUTION 2004.02 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ACCEPTING DEDICATION OF SEWERS TRACT 16070 BE IT HEREBY RESOLVED by the Board of Directors of the East Valley Water District, as follows: WHEREAS, the sanitary sewers and appurtenant structures constructed in accordance with specifications of the East Valley Water District at Tract 16070 for public use in the City of Highland, have been dedicated to East Valley Water District by Leonard Graves. NOW THEREFORE, BE IT HEREBY RESOLVED, that the Dedication of Sewers dated February 4, 2004 and executed by Leonard Graves on February 4, 2004 be accepted and all rights, title and interest in and to said sewers be vested in the East Valley Water District, and that the Secretary of this District be, and is hereby authorized and directed to record this Resolution with said Dedication of Sewers attached hereto, in the office of the County Recorder of the — County of San Bernardino, State of California. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District, upon motion duly made, seconded and carried on March 23, 2004. AYES: Directors NOES: ABSENT: Attest: - 52166 03/11/04 jw EAST VALLEY WATER DISTRICT George E. Wilson, Board President Robert E. Martin Board Secretary RECORDING REQUESTED BY: East Valley Water District WHEN RECORDED MAIL TO: East Valley Water District Post Office Box 3427 San Bernardino, California 92413 Board of Directors East Valley Water District San Bernardino, California 92413 CERTIFICATE OF DEDICATION OF SEWER SYSTEM DATE: 2-4-04 We hereby declare that the sewer system and appurtenant structures to be constructed in 16070 in accordance with all the requirements of the East Valley Water District are intended for public use and that upon their acceptance by said District, all rights, title and interest of the undersigned in and to said sewer system shall thereupon vest in the District. The within dedication shall be binding upon heirs, successors, assignees, executors, or administrators of the undersigned. SEE EXHIBIT "A". The undersigned further declares and hereby certifies that there are no liens or debts of any nature presently due or outstanding against or upon said sewer system and appurtenant structures for labor or materials or for any other cause, and that the undersigned will hold East Valley Water District free and harmless from any and all such claims of liens asserted upon said sewer system and appurtenant structures should they be claimed or arise provided such claims or liens arose from acts which occurred on or before the date listed above. (Corporate Sea[) / By STATE OF CALIFORNIA �/ COUNTY OF 1 On R111 f✓ 0 !�l 20 Y bbefore me, the undersigned, a Notary Public in and for the said County and State, personally appeared I eC)f V A, Q� �rrA V &S U. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the same in his/her/their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and _official seal. }—� Signature N� '✓�- Nal) SHUHADA SMITH (Rev: 2/6/02) Drawer No. 3 V COMM. #1452331 A NOTARY PUBLIC�AIJFORNIA —I m RIVERSIDECOUNfY p� My Comm. Epues November 21.2007 YAIZNEL-L- Ro. .)EVLLL.F- QUAIL RUN UK s cR GHLJRr,H 5TKEET 6. DEVELOPMENT AGREEMENT THIS AGREEMENT is made this _ day of by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and Peter Le and Peter Nguyen (hereinafter "the DEVELOPER"). RECITALS A. The DISTRICT is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. B. The DEVELOPER proposes to subdivide and develop certain real property within the boundaries of the DISTRICT which is located on Church Avenue south of Baseline, west side, in the City of Highland, Comity of San Bernardino, State of California, and is generally identified as Tract No. 14516 (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 8 dwelling units, and the DEVELOPER desires that the DISTRICT provide domestic water and sewer service to the PROPERTY. The DEVELOPER intends to design and construct the facilities necessary for water and sewer service to be furnished to the PROPERTY. D. The DISTRICT supplies domestic water and sewer service within the area to be served and is the public agency empowered by law to provide such services to the PROPERTY. E. The purpose of this AGREEMENT is to provide the terms and conditions under which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to supply water and sewer service to the PROPERTY (hereinafter "the PROJECT") COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: Section 1. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in the following manner and according to the Rules and Regulations of the DISTRICT: a. The DISTRICT agrees to provide to the DEVELOPER tentative water and sewer plans which conform to the requirements of the DISTRICT. b. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in accordance with the DISTRICT's Standards for Design and Processing of Water and Sewer Plans and the tentative plans provided by the DISTRICT. The designs shall be submitted to the DISTRICT in a complete form which shall provide sufficient information for review and approval by the DISTRICT in the exercise of its sole discretion. C. The DISTRICT may request certain changes in the plans to provide for oversizing of facilities, which DEVELOPER agrees to incorporate into the plans and specifications for the PROPERTY. d. The DEVELOPER shall furnish the DISTRICT with any and all easements necessary for the construction, operation, maintenance, and repair of any and all water and/or sewer facilities to be installed and/or used for the PROJECT. All easements shall be submitted to the DISTRICT for review and approval by the DISTRICT in the exercise of its sole discretion prior to the DISTRICT's acceptance of any dedication of the PROJECT facilities under Section 6 of this AGREEMENT. e. The DEVELOPER shall submit 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 following manner subject to the DISTRICT's approval: a. The DEVELOPER shall obtain all necessary permits from the(city or county) and all other public or private agencies required for the construction thereof. The PROJECT and the facilities 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 Specifications for the Furnishing of Materials and the Construction of Water and Sewer Pipelines. All costs and liabilities in connection with the design and construction of the PROJECT shall be borne solely by the DEVELOPER. C. The DISTRICT shall inspect and approve all work to be performed under this AGREEMENT. However, any approval by the DISTRICT of such work, or of the designs, specifications, reports, and/or materials furnished 3 hereunder, is understood to be conceptual approval only and will not operate to relieve the DEVELOPER or its contractors, consultants, or subcontractors of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or their own willful misconduct. Further, neither the DISTRICT's review, approval, or acceptance of any of the work or services performed in connection with this AGREEMENT shall be construed as a waiver of any rights hereunder or of any defense or cause of action which the DISTRICT may have arising out of the performance of this AGREEMENT or any previous or subsequent agreements. The DEVELOPER shall cause the facilities constructed under this AGREEMENT to be inspected as required by any and all other public or private agencies. Section 3. DEVELOPER'S COSTS. In addition to all other obligations imposed upon the DEVELOPER under this AGREEMENT, the DEVELOPER shall be responsible for the payment of all of the following: a. . The DEVELOPER shall pay to the DISTRICT all, or any portion, of the connection fees for the PROPERTY at the time of application for water and sewer service therefor. The DISTRICT will provide water and sewer service only to those specific subdivision lots within the PROPERTY for which payment in full has been made to the DISTRICT. b. The DEVELOPER shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation of the PROJECT, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design of the PROJECT. C. The DEVELOPER shall comply with all rules, regulations, resolutions, and ordinances of the DISTRICT that are currently in place or may 4 hereafter be adopted, and shall pay when due any and all fees, deposits, charges, rates, fines, penalties, taxes, and/or assessments that may be levied by the DISTRICT. d. The DEVELOPER hereby consents, and waives any objection, to the exercise of any and all collection remedies that are available to the DISTRICT under the law upon the PROPERTY and/or the person and/or property of DEVELOPER and its shareholders and partners., Section 4. SECURITY. a. The DEVELOPER shall provide performance, completion, and/or payment bonds for the PROJECT in the minimum amount of not less than 100 percent of the estimated construction costs containing covenants which are acceptable to the DISTRICT and the (city or county) b. The DEVELOPER shall provide a maintenance bond for the PROJECT in the amount of 100 percent of the construction cost, which shall contain covenants which are satisfactory to the DISTRICT. Such bond shall remain in force for at least twelve (12) months from the date of acceptance by the DISTRICT of the dedication of said facilities. C. The DEVELOPER shall also procure and maintain during the performance of this AGREEMENT such policies of insurance, bonds from an acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms of security, in amounts and upon terms deemed sufficient by the DISTRICT in its sole discretion to protect the DISTRICT from any and all exposure to loss and/or liability. Section 5. COSTS FOR OVERSIZING. Pursuant to Section I.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 5 of the incremental cost of oversizing and the method of payment in the exercise of its sole discretion prior to its acceptance of the PROJECT facilities. Section 6. DEDICATION OF FACILITIES. a. The DEVELOPER shall, upon completion of the construction of all facilities to be installed hereunder to the satisfaction of the DISTRICT, dedicate said facilities to the DISTRICT by a deed of dedication or such other instrument as the DISTRICT may prescribe, and the DISTRICT agrees to accept the dedication thereof by formal action of its Board of Directors. Thereafter, such dedicated facilities shall become and be operated and maintained by the DISTRICT as part of the DISTRICT's water and sewer system. The DISTRICT shall not accept dedication of said water or sewer facilities until all connection fees have been paid unless otherwise allowed under Section 3.a. herein. b. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY for the purpose of installing, operating, inspecting, maintaining, and repairing all meters, valves, and other appurtenances necessary for the DISTRICT to record, regulate, and control the amount of water pumped therefrom. Section 7. SERVICE RESTRICTIONS. Any obligation on the part of the DISTRICT to supply water to the PROPERTY pursuant to the terms of this AGREEMENT shall be excused in the event that the performance thereof is interrupted for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, court order, natural disasters such as floods, earthquakes, landslides, and fires, and other labor disturbances and other catastrophic events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other provision to the contrary, the DISTRICT may suspend or refuse water service to the PROPERTY if the DEVELOPER is in breach, default, or violation of this AGREEMENT or any rule, regulation, resolution, and/or ordinance of the DISTRICT that is currently in place or may hereafter be adopted, or if such service would adversely affect the health, safety, or welfare of 0 the DISTRICT's customers, or for any other reason deemed paramount by the DISTRICT in its sole discretion. Section 8. NO REPRESENTATIONS WARRANTIES OR CLAIM OF WATER RIGHTS. The DISTRICT makes no express or implied representations or warranties concerning the quality, pressure, or temperature of any water delivered pursuant to the terms of this AGREEMENT, or the manner in which the water is provided, or its fitness for any particular purpose, and the DISTRICT shall not be held liable for any losses incurred or damages sustained as a direct or indirect result thereof, nor shall the DISTRICT be held liable for any losses incurred or damages sustained after the water furnished hereunder is transferred to the PROJECT facilities. Any water conveyed by the DISTRICT under this AGREEMENT shall not serve as the basis of, or otherwise support, any water rights claim that may be asserted by the DEVELOPER. Section 9. LIABILITY FOR DAMAGES. The DISTRICT shall not be held liable or responsible for any debts or claims that may arise from the operation of this AGREEMENT, or for any damage claims for injury to persons, including the DEVELOPER and/or its officers, directors, shareholders, guests, invitees, trespassers, agents, contractors, consultants, and employees, or for property damage, from any cause arising out of or in any way related to the PROPERTY, the PROJECT, and/or the DEVELOPER's obligations hereunder. Section 10. RELEASE. The DEVELOPER hereby expressly waives and releases the DISTRICT and its agents, officers, directors, and employees from any and all liability for the claims, actions, and/or losses set forth in Section 9 above and for any costs and expenses incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor did not know or suspect to exist in his or her favor at the time of the executed release which if known by him or her must have materially affected his or her settlement with the debtor." 7 expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER thereunder and under any and all similar laws of any state or territory of the United States with respect to the claims, actions, and/or losses referenced above. This AGREEMENT shall act as a release of any claims that may arise from the aforementioned whether such claims are currently known or unknown. The DEVELOPER understands and acknowledges the significance and consequences such specific waiver of Civil Code § 1542 and hereby assumes full responsibility for any injuries, damages, losses, or liability that may result from the claims identified above. This AGREEMENT shall also act as a release of any claims, actions, and/or losses set forth in Section 9 above, that may arise in the future whether such claims are currently foreseen or unforeseen. Section 11. HOLD HARMLESS. Excepting the sole or active negligence or willful misconduct of the DISTRICT, the DEVELOPER shall indemnify and hold the DISTRICT and its officers, directors, agents, and employees harmless from and against all claims and liabilities of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on the part of the DEVELOPER and/or its officers, directors, shareholders, partners, assignees, guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with the PROPERTY, the PROJECT, and the performance of their obligations under this AGREEMENT, including design defects, even if occurring after the completion of the PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees from any suits or actions at law or in equity for damages, and pay all court costs and counsel fees in connection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and hold the DISTRICT harmless from and against all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs, expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and accountants), and all foreseeable and unforeseeable consequential damages which might arise or be asserted against the DISTRICT and/or the DEVELOPER with regard to the PROPERTY and/or the PROJECT which are alleged and/or determined to be tortious, and/or in violation of 0 present and future federal, state, and local laws (whether under common law, statute, rule, regulation, or otherwise), including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, California Code of Regulations Section 15000 et seq., all as the same may be amended from time to time. Section 12. NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified snail, postage prepaid, return receipt requested, and shall be deemed connnunicated 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: Peter Le 7024 Mountain Avenue Highland, CA 92346 Section 13. DISPUTES. Any dispute or controversy arising out of, under, or in connection with, or in relation to this AGREEMENT, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through 1294.2 of the Code of Civil Procedure. The cost of such arbitration shall be paid by the parties equally; however, the prevailing party in the arbitration shall be entitled to reimbursement of its attorneys fees and other costs incurred in connection therewith. Section 14. ATTORNEYS FEES. If a dispute arises which cannot be resolved by arbitration, regarding the breach or enforcement of the provisions of this AGREEMENT, the prevailing party therein shall be entitled to recover all attorneys fees and other costs actually 01 incurred in connection with reaching a resolution of the dispute whether or not an action, claim, or lawsuit is filed. In any action brought, the entitlement to recover attorneys fees and costs will be considered an element of costs and not of damages. Section 15. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs, successors, legal representatives, and assigns, and each of the shareholders and partners of the DEVELOPER in their individual, separate, and/or other capacities. Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, whether oral or written, between the parties in connection therewith. This AGREEMENT may not be amended unless in writing and signed by the parties hereto. Section 18. CAPTIONS. The captions of sections and subsections of this AGREEMENT are for reference only and are not to be construed in any way as a part of this AGREEMENT. Section 19. INTERPRETATION AND ENFORCEMENT. This AGREEMENT shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared this AGREEMENT and any uncertainty or ambiguity contained herein shall not be interpreted against any one party. Failure by either party to enforce any provision of this AGREEMENT, or any waiver thereof by such party, shall not constitute a waiver of said party's right to enforce subsequent violations of the same or any other terms or conditions herein. This AGREEMENT shall be enforced and governed by and under the laws of the State of California, and venue for any action brought to interpret and/or enforce any provision of this AGREEMENT shall be in a state or federal court located in the State of California that would generally have in rem jurisdiction over the PROPERTY. 10 Section 20. SEVERABILITY. If any portion of this AGREEMENT is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this AGREEMENT shall continue in full force and effect. Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants and conditions set forth herein and to perform such further acts as is reasonably necessary to effectuate the purpose of this AGREEMENT. Section 22. AUTHORITY. Each individual executing this AGREEMENT on behalf of a party hereto represents and warrants that he or she is fully and duly authorized and empowered to so execute on behalf of such party, and that this AGREEMENT is binding in the manner set forth in Section 15 hereof. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date first above written. LN President, Board of Directors DISTRICT East Valley Water District ATTEST: East Valley Water District Robert E. Martin, Secretary Secret W�t— (authorized � DEVELOPER By: ATTEST: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of I On C. M14-12 2 cert, before me,�tEayR t/lur1�L AtrC&fLV /J461r r' , Dal. ams and nip of Officer (e.g., -Jame Doe. olary id lk') personally appeared ' E I F/L LG 131 ._ PF TEeZ tIJC,-f a EoaJ , ❑ personally known to me ®proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are HENRY VUONG subscribed to the within Instrument and ��„ Comm. # 1404549 acknowledged to me that he/she/they executed YI NOURyPU11IRCAIIFORNN N the same In his/her/thelr authorized oronOeCounry ,, capacity(ies), and that by his/her/lhelr My Comm. EeDlref Atgmh 9, 2007 signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESSmy h fll I seal. ��% Place Notary Boal Above goalure of Notary PubOc OPTIONAL Though the Information below Is not required bylaw, It may prove valuable to persons relying on ilia document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: - MAA 7-rJ Number of Pages: Signer(s) Other Than Named Above: Nb H/ P Capacity(les) Claimed by Signer Signer's Name: Dr1ridlvlduai ❑ Corporate Ofllcer — Tltle(s): ❑ Partner — ❑Limited ❑General Attorney In Fact Trustee Guardlan or Conservator Other: Signer Is Representing: 0 1997 National Nolan, Aasoclellon, 9350 De Solo Ave., P.O. Bo. 2402 • Cbatawonli, CA 910102402 Prod. No. 5907 Aeouler. Cell Tog-fmo I.99P070 8927 J 42 N I GRAPHIC SCALE 20 0 10 20 40 60 ( IN FEET ) 1 inch = 20 ft. VICINITY MAP NOT TO SCALE LEGEND OF ABBREVIATIONS AND SYMBOLS G.B. GRADE BREAK F.S. FINISH SURFACE 100 - EXIST. CONTOUR & F.L. FLOW LINE x123.5 EXIS71NG SPOT ELEVATION MIN. MINIMUM PROPERTY UNE MAX. MAXIMUM 2% STREET GRADE TIP. TYPICAL pp POWER POLE CENTERLINE FH FIRE HYDRANT — _ _ — TRACT BOUNDARY WV WATER VALVE BSL BUILDING SET BACK LINETOP -T= OF SLOPE N.T.S. NOT TO SCALE TOE OF SLOPE PE PAD ELEVATION —BSS -O-- SEWER UNE &MANHOLE --BW WATER LINE CERTIFICATE OF LIEN MARCH 23, 2004 TOTAL $1,189.23 * STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0140228-05* $43.10 2. 0170081-02* $154.66 3. 0310096.01 $91.87 4. 0420096-00* $152.84 fd 5. 0630245-01 $71.01 6. 0830196-01* $129.63 7. 1010120-01* $53.76 V( 8. 1120088-03 $85.34 9, 1150125-06 $184.49 10, 1260181.02 $167.29 11, 1615079-01 $55.24 TOTAL $1,189.23 * STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 East Valley Water District Balance Sheet - Unaudited February 29, 2004 ASSETS UTILITY PLANT - at cost: Utility plant in service - water department $75,008,872 Utility plant in service - sewer department 21,994,170 97,003,043 Less: Accumulated depreciation (31,299,720) 65,703,322 Construction in progress 10,256,073 Land held for resale 2,219,649 78,179,045 RESTRICTED ASSETS: Water department - bond funds - cash in bank 6,475 Certificate of Participation reserved funds - cash in bank 489,836 Reserved funds - designations - cash in bank 2,186,450 2,682,761 CURRENT ASSETS: Cash and Investments 10,237,395 Less: Restricted Cash and Investments 2,682,761 7,554,634 Accounts receivable (net of allowance) 822,083 Other receivables (net of allowance) 90,060 Inventory 844,991 Prepaid expenses 415,562 9,727,331 OTHER ASSETS AND DEFERRED COSTS (Net of Amortization): Bond discount and incidental bond expenses 22,574 Deferred financing charges 379,047 401.621 TOTAL ASSETS $90,990,758 East Valley Water District Balance Sheet - Unaudited February 29, 2004 LIABILITIES AND EQUITY LONG-TERM DEBT: Certificates of Participation due after one year $12,236,583 Less: Deferred amount on refunding of COPs (663,567) 11,573,015 CURRENT LIABILITIES: Accounts Payable 1,403,801 Accrued payroll and benefits 404,141 Customer service deposits 1,212,870 Deferred Rental Income 2,500 Accrued interest payable 6,475 Deposits - refundable 334,700 Certificates of Participation due within one year 1,726,266 5,090,752 TOTAL LIABILITIES 16,663,768 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 39,585,314 Net Income for current year 1,497,116 TOTAL EQUITY 74,326,990 TOTAL LIABILITIES AND EQUITY $90,990,758 V M r M N n n O iG 01 VONVNOOt+]Ci�Nh�N O O co r N W N O M V LL Y� W OO ON nOIN 1 n a7 y. vl .."� hT W W W N W M W N O r W r• N M N N WWhnA WN10M W M h V I V W O l �l v d' p W W t h r co F9 A .q VE P ON00000 (0000000 n n �T O� 00 Mr O v O n S O M O O O N O 0 O 0 IG Mh OO 1-i NOO OO ON l�hN Ot7�0 WWWMO�-O � O F�SY W O W W O W N W �W WO�NI� WNNC'NM O r yMyM N O N M N W W W v N W N a N TNG W r• r O U W< N OWI cz m 1 L OI MVI O)�G Ara-Waet O n Fy. 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V t1Y co O W W O O O O O 0 0 0 0 0 0 0 0 0 O r O 01 O W W O O W W O O O O N N O O S O S ftp O M {O=+_ OC'1 M OOM M O 000 i!%� N V QN� m tWOV NVNON A f0 O �.p V W WWm W NY_,NN N to O r CN .k nmWN A 00 O OOM M <N$mmmumimmmm N M N NWNM W VT m OON N W V W Oat n V'N A OOOJ W V � W O W W timm N l" N r O q t f l f V V m f V t p W O N p O N M T N W m N O t t) M O m n r W �(WO� N A n �NN NNS T�N�OAenM r Ln 7 0 Q v NCD r CD C N _ aa N IhW O O 0th l�N.-ma Woee}}h W N W O W MnM O A01- O T O co NMfJfQ... Om T l{ m W �C6.N..vvW W.m. fD& C6 tN+] N .M.. (n y co M V�3 ;gym U. X C 0 W •- `;, m m o 0000000 0 0o N "'a W W 11) Opp 0000 O N to H co C u ...i H N mNONOOm V AA 1� iena}Y QI N N `� V cn N � � d N L iia IC 7 C > C O u` U .+> R �d/"' �k W LL m yAyt+l O M yy tpD tpfJ tmtOp tA0 NW M N t0 O tMt�� 1[�] f0 �tl O W 'Ai t0 W MN W v M V <tpmo pNOG? W N lc tD 0 rck � pj tti ' c6 dW m W O �r d a5 co N E `0 pc r LL t ti Cl) W.{ m to 6 U cC N a y E E ro > $ m aE UJ ~ UQ L wAIR w 0 W xa E O� w w 00 Z H4a2C.oca� N C 3E„0 "6 16 Z wZ Eccc CD WwQ.'am oo a3ma v0 �OcILD iOWy-00Wn0a� OcN•m W�UZco m�d'NC Conuu �Eav�Oo =oM wEE o m3 LU LU I- > O > Ci_% U> ¢ w Z Z W ❑ U W O Z 'Z1 1:4D East Valley Water District Board Memorandum From: Brian W. Tompkins / Chief Financial Officer Subject: Disbursements. Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period March 4, 2004 through March 17, 2004. Background: Date: MARCH 23, 2004 _ Accounts payable checks are shown on the attached listing and include numbers 196557 to 196721 for A total of $345,503.62. The source of funds for this amount is as follows: EPA Grant Funds Unrestricted Funds $345,503.62 Payroll disbursed was for the period ended March 12, 2004 included checks and direct deposits. Totaling $83,158.70. Fiscal Impact: Total disbursements- $428,662.32. � m o m m nom o m o m o o OIM o o rn o v r O N 'l O W C m O O O O O O O O O O O O O O O O O O O N � Ma a 5 A v U U a `c5 o a O a g o 0 v a a8 m M N N m m M O ONi M N m m A r aOD N OOi m V < O O m m m M m V V d U O m m O O m N O O O 3 N m o O •L o f m M m rn o 0 0 0 m N > m M N N 0 M E> C= O O O M M V Y V V V a N_ � o B C a w m a n O O O O O O O O O O O O O O O O O O O iy Y � O 09 v rcz r m A r A n r A r r m rn r m r a ` O N M M M M M M M M M M M M M M M M M U 0 0 0 0 0 0 0 o O o 0 d a v o 0 0 0 0 0 0 0 ++ N t m o o M o 0 o qM cM MM `o `qo o qM m M m fGU W v° ou m 0 m 0 m 0 6 0 6 0 6 0 m 0 m 0 m 0 m 0 m 0 a 0 0 0 1 N n. 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U OLL j N C• a O 0 N ow= Z S U N Z Z Z M U Z w w w w 0 WO w W a a LL Q J a a a a Z U U K a a U F w w a a a a a 3 a z z U) 6 o 0 0 o a << 3 a s o a � w LL of z w w ~ a a z z z z i i w aJ MO Ma tya tya a ,gyp ,,q t'JO vp d'O <O i� owiJ orL ��ONC o_ o Q? o FQFa- QQ wall wail °vxn° vµxn n um v�xn u v a ZZ >> >> u>w> >, >�3 33 33 33 38: 33 33 a o v a v a v v a a v < a a a v a e a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M t7 M ;;5 M f7 M Z;5 M M M t'1 M t7 M M M M M Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y U U U U U U U U U U U U U U U U U U U U O O O O O O m W W W m W W m m m m m m m W m m W m m m m rn o m rn o a rn m rn rn rn rn m rn rn o o m V 4 N 0 O fN0OO OOO c�OOOOO f� �000vo m` c o P m2 jjgN� N e+1 h VG m 3 9 O O O O m M a u_Z w o a A 6 C O � O uE o O O o w o N 0 J =z N U 3 3 0 Q Q O O O c v ro m m 0 0 0 0 0 0 oV a$ 0 4o R o 05 m d m d, Fo 0 0 0 0 o o n T r Y d V a m CL m N N of .1 a a z a a w m E z z J GZ c m 10 OY NR5 0.J 9'L V1f/) VO%- W JJ c c ww 33 hill 33 ww 33 33 33 0 m Uo n M m m m Y d b 6 U U U UrT U U m m m o U m UZ OOi OOi pOi U fN0OO OOO c�OOOOO f� �000vo m` c o P m2 jjgN� N e+1 h VG m 3 9 CTG Energetics, Inc. Consuldng for Energy EH7ciency 6 Sustainabllity in Buildings March 16, 2004 Robert Martin General Manager East Valley Water District P.O. Box 3427 San Bernardino, CA 92413 Re: Financial Analysis of LEED Certification Dear Mr. Martin: Dr. Malcolm Lewis, PE President CTG JN: 60548 It was a pleasure speaking with you about your district's consideration of the LEED Rating System. Per our discussion, this letter outlines a proposed scope of work and fee for CTG to conduct a financial analysis of the impact of LEED certification on the district's headquarters project. The goals of this analysis are: • Work cooperatively with the project architect to evaluate how the project might score using the LEED Rating System based on the most current drawings and specifications. • Establish what, if any, major design changes would be necessary for the project to achieve LEED ratings of Silver, Gold, and Platinum. • Conduct a Net Present Value financial analysis for each level of LEED certification, including rough estimates of capital costs, energy costs, water costs, commissioning costs, and maintenance costs. CTG's tasks will be as follows: 1. Design Review. CTG will review the most current project documents to verify how the project would score using the LEED Rating System. We will require a complete set of plans and specifications to perform this task and anticipate several phone discussions with the architect to understand the project. We will produce a summary LEED scorecard as a result of this evaluation and will require approximately one week to complete the task. Fee: $3, 000. A subsidiary of Constructive Technologies Group°, Inc. 16 Technology Drive Suite 109 Irvine CA -92618-2323 949-790-0010 Fax: 949-790-0020 vrmw.CTG-netcom Aeprm-e-d 34 CT. East Valley Water District LEED Financial Analysis CTG JN: 60548 March 16, 2004 Page 2 2. Develop LEED Silver, Gold, and Platinum Scenarios. CTG will identify design changes and rough cost impacts commensurate with the project achieving each of these three LEED Ratings. Whether these scenarios represent subtraction or addition of project features will depend on the results of our analysis in Task 1. For example, if our analysis shows that the current design would achieve a LEED Rating of Silver, we will estimate the impact of stretching to Gold and Platinum. For this task, we will identify major building and site features and assign rough order -of -magnitude (ROM) costs. CTG will not be conducting a formal construction cost estimate; our cost figures will be based on recent project experience and general industry knowledge. Fee: $3,000. 3. Meetings. CTG will attend one meeting at the conclusion of the study to present the results to the project team. Fee: $1,000. 4. Life Cycle Cost Matrix. CTG will build a life cycle cost matrix showing the investment and long-term operating cost impacts of the three LEED certification options. Fee: $3,000. CTG proposes to provide the services described in the four tasks above on a time & materials basis for the not -to -exceed amount of $10,000. We will commence work upon receipt of an executed contract or other acceptable form of written authorization to proceed. We look forward to supporting you on this project. Please call me with any questions at 949-428-6270. Sincerely, Gregory Shank Manager of Sustainability Services C:\Ooet:... and Seninyjb\Local Scuiny1Tertt Inre—t FUWOLK MEast Valley Water District LEED NPV Aealysis - CTG Pmposul-I6maM.dee CTG r CTG Energetics, Inc. Consuitlng Engineering for Energy Elgdwxy, 6 SustainabiNy in Buildings HOURLY RATE SCHEDULE Effective January 1, 2004 TECHNICAL PERSONNEL Dr. Malcolm Lewis, PE President Principal: Dr. Malcolm Lewis $ 250.00 Senior Project Manager $ 150.00 Registered Engineer/Registered Architect/Project Manager $ 115.00 - 125.00 Research Specialist with Advanced Degree $ 115.00 — 135.00 Project Engineer $ 85.00 - 105.00 Technical Support $ 50.00-60.00 COMPUTER & OTHER SERVICE FEES Clerical Support $ 45.00 Notes: • Costs of all out -sourced services (travel, sub -consultants, blueprinting, reproduction, CAD plotting, messenger service and other) will be re -billed at cost plus twenty (20) percent. • Mileage billed at 40 cents per mile. • Copying billed at 10 cents per page. • Color copying/printing billed at 50 cents per page (in-house) and $1.40 per page (out -sourced). • Rates subject to change annually. A subsidiary of Constructive Technologies Groupe, Inc. 16 Technology Drive Suite 109 - Irvine CA - 92618-2323 949-790-0010 Fax: 949-790-0020 w i.CTG-net.com Association of California Water Agencies 910 K Street, Suite 100 Sacramento, California 95814-3514 916/441-4545 FAX 916/325-4849 www.acwanet.com Hall of the States 400 N. Capitol St., N.W. Suite 357 South Washington, D.C. 20001-1512 202/434-4760 rnx 202/434-4,163 MEMORANDUM March 8, 2004 TO: ACWA MEMBER AGENCY PRESIDENTS AND GENERAL MANAGERS FROM: JAN JENNINGS, DIRECTOR OF ADMINISTRATION SUBJECT: REQUEST FOR NOMINATIONS FOR CALIFORNIA CAUCUS POSITIONS TO NWRA Membership in ACWA includes membership in the National Water Resources Association (NWRA), which assists in our work toward the development, protection and management of water resources at the federal level. According to NWRA bylaws, California is allowed four positions on the NWRA board and a Policy Development Committee position. One of the board positions is filled with the Federal Affairs Committee chairman. The vice -chair of the Federal Affairs Committee serves as the alternate for the chair. ACWA's Executive Director serves as representative to the Policy Development Committee and the Director of Federal Affairs serves as that alternate. The remaining three directors and one alternate position are to be nominated and elected by ACWA membership. The new directors will serve the 2004-2005 term, the same as that of the ACWA President. This request for nominations is being sent to all voting members of ACWA specifying the positions, responsibilities and expectations, as well as a deadline for return of the nomination form. A nominee must receive support from his/her board, either through specific board action or a resolution. A ballot will then be prepared and sent to all voting members with a return deadline. If a tie occurs, another ballot will be sent. The election results will be announced by mail and in ACWA News. Elected representatives shall assume their respective positions at the next scheduled NWRA meeting. In this time of increasing legislative and regulatory mandates, it is essential for California to take a proactive posture in NWRA and on its board. For your information, the NWRA board meets four times a year in conjunction with each of its regularly scheduled meetings. Other business is conducted via conference calls and through the mail. Elected representatives are expected to attend all noticed meetings. Alternates are encouraged to attend should the representative not be in attendance as a way of staying informed and knowledgeable about the issues. It is the responsibility of elected representatives and alternates to represent the views of California in their respective positions. The individuals elected must also serve on ACWA's Federal Affairs Committee to provide a link between the two organizations through reports to both the committee and the ACWA board. We encourage your agency to submit nominees for these positions. Please complete the enclosed form and return it along with a copy of the board action and resume for each individual nominated. All material must be received in the ACWA office no later than April 30, 2004 to be included on the ballot. The enclosed form may be duplicated if additional copies are needed. Should you require further information or have any questions, please feel free to call me at the ACWA office. Enclosure W. MVRA\2004 ASSOCIATION OF CALIFORNIA WATER AGENCIES CALIFORNIA CAUCUS NOMINATION FORM FOR NWRA POSITIONS Name of Individual Nominated: Current Title of Nominee: Agency Affiliation: POSITION(S) NOMINATED FOR: [Mark position(s) desired] NWRA Board of Directors NWRA Board Alternate Brief background description regarding current NWRA participation: Please attach a copy of the district's board action and a resume for the nominee. NOTE: In submitting this nomination, the agency understands it will be responsible for all related costs for participation in all NWRA activities for the individual elected. Nomination Submitted By: District: RETURN COMPLETED FORM BY: April 30.2004 TO: California Caucus Nominee ACWA Attn: Kelly Smith P.O. Box 2408 Sacramento, CA 95814-2404 Jr?. CONSERVgTrpN 07ST h � I' OUR NgME IS ouR Mt55�Od March 11, 2004 i3. SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT 1630 West Redlands Boulevard, Suite A Redlands, CA 92373-8032 (909) 793-2503 Fax: (909) 793-0188 Robert Martin East Valley Water District P.O. Box 3427 San Bernardino, CA 92413 Established 1932 SUBJECT: Annual Engineering Investigation of the Bunker Hill Basin P.O. Box 1839 Redlands, CA 92373-0581 Email: info@sbvwcd.dst.ca.us The San Bernardino Valley Water Conservation District has completed the report of the 2003- 2004 Annual Engineering Investigation of the Bunker Hill Basin. Article 1, Section 75560 of the California Water Code, requires that a Water Conservation District that proposes to levy or continue a groundwater extraction fee "...shall annually cause to be made an engineering investigation and report upon groundwater conditions of the District." Preparation of this report is required in connection with the Board of Directors' consideration of a groundwater charge on groundwater production within the District's boundaries. District staff is recommending to the District's Board of Directors to change the current amount of the groundwater charge of $1.50 per acre-foot for groundwater production for agricultural purposes, and $5.50 per acre-foot for groundwater production for non-agricultural purposes to $3.11 per acre-foot for groundwater production for agricultural purposes, and $11.94 per acre- foot for groundwater production for non-agricultural purposes. California Water Code § 75594 dictates that the rate for non-agricultural groundwater production must be between three and five times the rate for agricultural use. The groundwater charge is not imposed on a property basis, but rather is a per acre-foot charge, which relates directly to the amount of groundwater produced from the groundwater basin underlying the District's boundaries. Consequently, the ultimate amount of groundwater charge to be paid by each party subject to the charge will depend directly upon the amount of groundwater production such party engages in during the applicable water year, here July 1, 2004 to June 30, 2005. Based upon the estimated amount of agricultural water and other than agricultural water to be withdrawn from the groundwater supplies of the District for the ensuing water year, the revenue to be collected is $1,011,430. The groundwater charge is to be collected on a semi-annual basis from production statements submitted by the producers. BOARD Bert Marcum, Jr. Arnold C. Wright Cheryl A. Tubbs GENERAL Lawrence M. Libeu OF Clare Henry Day Sterling Woodbury Melody Henriques [MANAGER DIRECTORs Manuel Annda, Jr. The purpose of the groundwater charge is to fund the District's continuing groundwater replenishment efforts, establish a reserve for potential future purchase of water for replenishment, reimbursement of previously purchased water for alleviation of present low groundwater conditions, and various of the District's groundwater recharge and protection activities, including the maintenance and reconstruction of recharge basins, defense and protection of water rights, data and information collection regarding the basin, establishment of monitoring wells, and regular water spreading activities. A public meeting and a public hearing on the proposed groundwater charge will be held in the District's Board Room at 1630 West Redlands Boulevard, Suite A, Redlands, California. The date and time for the public meeting and public hearing will lie April 7, 2004 and April 28, 2004 at 1:30 p.m., respectively. In addition, a meeting of the groundwater producers will be held in conjunction with the regularly scheduled meeting of the Upper Santa Ana Water Resources Association on April 8, 2004 at the District's Board Room at 9:30 a.m. You are invited to attend the public meeting and public hearing, and may submit evidence concerning groundwater conditions, water supplies of the District, or any matter relating to the proposed groundwater charge. In addition, any party wishing to protest the groundwater charge may send protest to the District's office and also be heard at the public meeting or public hearing. A copy of the Engineering Investigation and Notice of Public Hearing is attached for your review. Please contact me if you have any questions regarding the report or the groundwater charge. Very truly, 7� .�� / " Thomas I. Crowley, P.E. Assistant General Manager Enc: Engineering Investigation Report Notice of Public Hearing NOTICE OF PUBLIC HEARING TO ALL PERSONS INTERESTED IN GROUNDWATER PRODUCTION WITHIN THE BOUNDARIES OF THE SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT PLEASE TAKE NOTICE that on March 3, 2004, the San Bernardino Valley Water Conservation District conducted a public meeting and received an engineering report, which contains information regarding annual change in storage, accumulated change in storage, total groundwater production from District supplies for the preceding water year, estimates of annual change in storage for the current and ensuing water years, the amount of water the District is obligated to purchase for recharge, and recommendations on water needed to replenish groundwater supplies for the ensuing year. Preparation of this report is required in connection with the Board of Directors' consideration of a groundwater charge on groundwater production within the District's boundaries. District staff is recommending to the District's Board of Directors to change the current amount of the groundwater charge of $1.50 per acre-foot for groundwater production for agricultural purposes, and $5.50 per acre-foot for groundwater production for non-agricultural purposes to $3.11 per acre-foot for groundwater production for agricultural purposes, and $11.94 per acre-foot for groundwater production for non-agricultural purposes. California Water Code § 75594 dictates that the rate for non-agricultural groundwater production must be between three and five times the rate for agricultural use. The groundwater charge is not imposed on a property basis, but rather is a per acre-foot charge, which relates directly to the amount of groundwater produced from wells overlying the groundwater basin within the District's boundaries. Consequently, the ultimate amount of groundwater charge to be paid by each party subject to the charge will depend directly upon the amount of groundwater production such party engages in during the applicable water year, here July 1, 2004 to June 30, 2005. Based upon the estimated amount of agricultural water and other than agricultural water to be withdrawn from the groundwater supplies of the District for the ensuing water year, the revenue anticipated to be collected is $1,011,430. The groundwater charge is to be collected on a semi-annual basis based upon production statements submitted by the individual groundwater producers. The purpose of the groundwater charge is to fund the District's continuing groundwater replenishment efforts, establish a reserve for potential future purchase of water for replenishment, reimbursement of previously purchased water for alleviation of present low groundwater conditions, and various of the District's groundwater recharge and protection activities, including the maintenance and reconstruction of recharge basins, defense and protection of water rights, data and information collection regarding the basin, establishment of monitoring wells, and regular water spreading activities. The District proposes to make a finding that the action to consider an increase in the groundwater charge is exempt from CEQA, under 14 California Code of Regulations sections 15273 (Rates, Tolls, and Charges), (15301 (Existing Facilities), 15304 (Minor Alterations to Land), and 15306 (Information Collection.). PLEASE BE ADVISED that a public meeting and a public hearing on the proposed groundwater charge will be held in the District's Board Room at 1630 West Redlands Boulevard, Suite A, Redlands, California. The date and time for the public meeting and public hearing will be April 7, 2004 and April 28, 2004 at 1:30 p.m., respectively. All persons are invited to attend the public meeting and public hearing, and may submit evidence concerning groundwater conditions, water supplies of the District, or any matter relating to the proposed groundwater charge. In addition, any party wishing to protest the groundwater charge may send protest to the District's office, 1630 West Redlands Boulevard, Suite A, Redlands, CA, 92373 and also be heard at the public meeting or public hearing. Please be advised that if you challenge the groundwater charge in court, you may be limited to raising only those issues that you or someone else raised at the public meeting or hearing described in this notice, or in written correspondence delivered to the District's office prior to, or at, the public hearing. All interested persons are invited to review the engineering report at the District's office. Further inquiries regarding the report or the groundwater charge, or requests for further information, may be directed to Thomas J. Crowley at 1630 West Redlands Boulevard, Suite A, Redlands, CA, 92373, or by phone (909) 793-2503. Dated: March 9, 2004 SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT By: Thomas J. Crowley Assistant General Manager Engineering Investigation Of the Bunker Hill Basin 2003-2004 Groundwater Conditions in the San Bernardino Valley Water Conservation District February 2004 San Bernardino Valley Water Conservation District Board of Directors Cheryl Tubbs, President Clare Henry Day, Vice President Bert Marcum, Jr. Sterling Woodbury Arnold L. Wright Melody A. Henriques Manuel Aranda, Jr. Lawrence M. Libeu, General Manager .aAa caxxxxvxpxFaq 1 VFF Fnvl Ix eVa M1aa�- 1.0 Executive Summary Article 1, Section 75560 of the California Water Code requires that a Water Conservation District that proposes to levy a groundwater charge "... shall annually cause to be made an engineering investigation and report upon groundwater conditions of the District'. In accordance with these requirements, the San Bernardino Valley Water Conservation District (District) must make the following findings and determinations as they relate to the ground and surface water conditions of the Bunker Hill Basin and those areas within the District boundary. Refer to Figure 1 and for locations Task 1. Annual change in storage for the Bunker Hill Basin for the preceding water year (Fall 2003 groundwater levels); Task2. Accumulated change in storage of the Bunker Hill Basin as of the last day of the preceding water year (June 30, 2003); Task 3. Total groundwater production from the Bunker Hill Basin for the preceding water year (July 1, 2002 - June 30, 2003); Task 4. Estimate of the annual change in the Bunker Hill Basin storage for the current water year (July 1, 2003 - June 30, 2004); Task 5. Estimate of the annual change in the Bunker Hill Basin storage for the ensuing water year (July 1, 2004 - June 30, 2005); Task 6. Average annual change in Bunker Hill Basin storage for the immediate past 10 water years (1993 - 2003); Task 7. Estimated amount of agricultural water and other than agricultural water to be withdrawn from the groundwater supplies of the District for the ensuing water year (July 1, 2004 - June 30, 2005); Task 8. Estimated amount of water necessary for surface distribution for the ensuing water year for the Bunker Hill Basin and the District (July 1, 2004 - June 30, 2005); and SBVWCD 2004 Engineering Investigation +paa conury+nvv yah .i OYa MaM11]0 a YlM\lY� Task 9. The amount of water that is necessary for the replenishment of the groundwater supplies of the Bunker Hill Basin and the District for the ensuing water year (July 1, 2004 - June 30, 2005). To make the findings and determinations listed above, District staff researched available geohydrologic and engineering data for the Bunker Hill Basin. These data were compiled and analyzed and a predictive relationship between precipitation, production, and change in basin storage was developed. This relationship was based on empirical data covering the last 12 years and enables the prediction of change in storage, given certain annual production and precipitation levels. In addition, annual and accumulated change in storage values were calculated based on historic water level changes throughout the Bunker Hill Basin. Based on 9 measuring stations, precipitation throughout the contributing watershed was _ 105% of normal for the period July 1, 2002 to June 30, 2003. As a result of this normal rainfall, the amount of groundwater storage in the Bunker Hill Basin decreased by 37,300 acre-feet. As would be expected, groundwater levels tended to be lower in many parts of the basin for the current water year with the largest decreases occurring in the Lytle Basin — Southeast of Barrier J sub -area. The required findings for the 2004 Engineering Investigation are provided below. Each of the tasks is further explained in the main body of the report. Throughout this document a positive sign (+) denotes an increase in groundwater storage or groundwater level elevation while a negative sign (-) denotes a decrease in groundwater storage or groundwater level elevation. SBVWCD 2004 Engineering Investigation +.,l......V+nlF 1, 4j IIF FIN11f OVl M\f51aF Summary of Findings for the 2004 Engineering Investigation Task 1. Annual change in storage for the Bunker Hill Basin for the preceding water year (Fall 2003 groundwater levels) Change in storage between Fall 2002 and Fall 2003 -37,300 acre -ft (decrease) The amount of water stored in the Basin decreased by 37,300 acre -ft between 2002 and 2003. Task 2. Accumulated change in storage of the Bunker Hill Basin as of the last day of the preceding water year (June 30, 2003) Accumulated change in storage between Fall 1993 and Fall 2003' -338,800 acre -ft (decrease) The amount in storage in the Fall of 2003 is 338,800 acre -ft less than in the Fall of 1993. Task 3. Total groundwater production from the Bunker Hill Basin for the preceding water year (July 1, 2002 - June 30, 2003) 185,300 acre -ft ' In the District's Engineering Investigation (EI) prior to 1993-94, the accumulated change in storage was based on the basin storage in 1984 as considered full. A concern arose regarding the flooding of basements due to high groundwater levels in the Pressure Zone of the Bunker Hill Basin. Therefore, in response to the City of San Bernardino's comments on accumulated change in storage, all El's since that time are based on 1993 basin storage levels considered as full. SBVWCD 2004 Engineering Investigation G�'It GGMGtIIVtiIG,V �tVn i '. �� YLn nGtil le Wt WNW" Task 4. Estimate of the annual change in the Bunker Hill Basin storage for the current water year (July 1, 2003 - June 30, 2004) ' -37,600 acre -ft (decrease) ' The amount of water in the Basin is estimated to decrease by 37,600 acre -ft during the current water year. Task S. Estimate of the annual change in the Bunker Hill Basin storage for the iensuing water year (July 1, 2004 - June 30, 2005) -10,600 acre -ft (decrease) The amount of water in the Basin is estimated to decrease by 10,600 acre -ft during the ensuing water year. ^ Task 6. Average annual change in Bunker Hill Basin storage for the immediate past 10 water years (1993 - 2003) -28,200 acre -ft (decrease) Task 7. Estimated amount of agricultural water and other than agricultural water to be withdrawn from the groundwater supplies of the District for the ensuing water year (July 1, 2004 - June 30, 2005) • Estimated amount of agricultural water withdrawn from the groundwater supplies within the District boundary for the ensuing water year (July 1, 2004 - June 30, 2005) 20,000 acre -ft SBVWCD 2004 Engineering Investigation 4 +wtn oua+nxe+ • Estimated amount of other than agricultural water withdrawn from the groundwater supplies of the District for the ensuing water year (July 1, 2004 - June 30, 2005) 79,500 acre -ft Task & Estimated amount of water necessary for surface distribution for the ensuing water year for the Bunker Hill Basin and the District (July 1, 2004 - June 30, 2005) • Estimated amount of water necessary for surface distribution for the ensuing water year (July 1, 2004 - June 30, 2005) for the Bunker Hill Basin 45,700 acre -ft • Estimated amount of water necessary for surface distribution for the ensuing water year (July 1, 2004 - June 30, 2005) within the District boundary 36,400 acre -ft Task 9. The amount of water which is necessary for the replenishment of the groundwater supplies of the Bunker Hill Basin and the District for the ensuing water year (July 1, 2004 - June 30, 2005) • The amount of water which is necessary for the replenishment of the groundwater supplies of the Bunker Hill Basin for the ensuing water year (July 1, 2004 - June 30, 2005) 205,300 acre -ft SBVWCD 2004 Engineering Investigation ,, vvv caw�envnu�� F Yui uMln ou�YYY� The amount of water which is necessary for the replenishment of the groundwater supplies within the District boundary for the ensuing water year (July 1, 2004 - June 30, 2005) 104,800 acre -ft In the past there has been confusion regarding the use of the term "replenishment" in Task 9. The confusion appears to come from an interpretation of this term as the amount of water the District plans to "spread" for the ensuing water year. In fact, the term "replenishment" and its associated value determined in Task 9 is meant to provide an estimate of the amount of aquifer replenishment that must occur from all sources, including natural recharge, during the ensuing water year to keep the Bunker Hill Basin at the same storage level as the beginning of the ensuing water year (July 1, 2004). In addition to the above findings, Section 75505 of the, California Water Code requires that a finding be made as to the amount of water necessary to be replaced in the intake areas of the groundwater basins within the District to prevent the landward movement of salt water into the fresh groundwater body, or to prevent subsidence of the land within the District. Because of its location and the elevations of its water table, the Bunker Hill Basin is not subject to salt -water intrusion and the current groundwater levels will not result in any significant land subsidence. Section 75540 of the California Water Code requires that the District Board establish a zone or zones where a groundwater charge is to be implemented. The Code specifically states that a single zone may include the entire District and in May 1993 the Board established the entire District as one zone. This determination may be amended in the future, but lacking any evidence to the contrary, in the 2004-05 year the entire District will remain as a single zone in regard to any groundwater charge. Section 75561 of the California Water Code further requires the -Engineering Investigation to include a finding related to the amount of water the District is obligated by contract to purchase. At this time the District has no contractual obligation to purchase water for the replenishment of the groundwater supplies. SBVWCD 2004 Engineering Investigation �. \\ mx\IxvuroYq,. UY\41YI If OYx MU\� Based on the results of the 2004 Engineering Investigation, the San Bernardino Valley Water Conservation District finds that: • Due to the below average precipitation and the resulting decreased natural and artificial recharge since 1992, the Bunker Hill Basin's storage is 338,800 acre- feet below that which is considered full for purposes of this Investigation. • During the ensuing water year (July 1, 2004 to June 30, 2005), the Bunker Hill Basin can be recharged, from all sources, with 544,100 (205,300 + 338,800) acre-feet of water. This recharge quantity is needed to maintain the 1993 storage level considered full. • The District should continue to take the necessary steps to enhance its capability to conduct recharge operations, which includes construction of new, or maintenance and repair of existing, diversion facilities, canals, dikes, basins, roads, and other water recharge facilities. These improvements are required to ensure the increasing demands on the Basin, especially during drought periods, can be met. SBVWCD 2004 Engineering Investigation 7 RELEASES OF LIEN MARCH 17, 2004 +PAID THROUGH TAX ROLLS Page 1 of 1 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0010097-02 $ 77.98 2. 0830069-00 $ 80.08 3. 0930151-01 $ 76.41 4. 0940120-06 $ 81.76 5. 1020056-01 $ 52.21 6. 1050033-08 $ 17.14 7. 1110217-06 $ 266.55 8. 1441936-02 $ 28.27 TOTAL $ 680.40 +PAID THROUGH TAX ROLLS Page 1 of 1 - I Come Celebrate National Red Cross Month During the San Bernardino Area Chamber of Commerce "Business After Hours" HOSTED BY YOUR American Red Cross Together, we can save a life Thursday, March 25, 2004 5:30 p.m. 1-7 202 W. Rialto Avenue San Bernardino, CA 92408 r Please RSVP before March 20 r n by calling the Chamber at (909) 885-7515 $5.00 Cover Charge 1-7 \li \I/ \Ii \li \I/ \I/ \li \Ii \I/ \li \!i \!i \Ii .Ie \lov \!i \li \l/ 71C 71; 711 71; 71C 71Z /1\ /1\ 71; 71; 71Z iK 70Z 71; iK iK 711z, i1z M/ Association of the �I/ _J/ 66n Bernardino County especial Districts \1/ /1\ fi-pril t?', ,2004- ij� Metnberskip Meetisa.9 ij� /1\ Baldy Mesa Water District is hosting the April membership meeting at the /1\ \f/ Ramada Zn.n in Victorville. \I/ \I/ The social hour will begin at 6 p.m. with a call to order at 6:45 p.m. A sit-down \I/ iK dinner will be served. /1\ M/ Lntr,4e5: New York `Aeak M/ \!/ Chicken Cordon bleu \I/ /1\ Served with: Tossed green salad, steamed vegetable. twice baked potatoes, roLLs and /1\ \1/ butter, coffee or tea. \1/ /1\ /1\ \I/ Dessert Cheesecake with seasonaL berries \1/ \ 1/ Cost %K *li�7 \I/ ,; 5peaker: fist Postmus, i1\ \1/ San Bernardino County Supervisor \I/ /1\ %1\ \I/ Topic: -----County Fudget' \I/ /1\-------------------------------------------------------------------------------- /1\ \1/ RSVP to Gina Kast by April 12, 2009 \I/ - 7F Telephone: 760-949-0332 ext 13 Fax: 760-949-7563 /1\ \1/ 10313 Duncan Road Victorville, CA 92392 \1/ District/Associate \1/_ /1\ Attendees: Entree: \1/ \li il\ %1\ \!i \1/ `!\ /1\ REMIIdDER: There is a $2 surcharge per person for reservations made after the deadline date and corning to the dinner Wil/ meeting without having made reservations. You will also be billed for the dinner if cancellation is not received PRIOR to /1\ the deadline date. \I/ /1\ \li \1/ l/\1/ \A \/ \i I/ I/ II/ 1/ I/ I/ \1/ !i I \ire\ira \sX/ \WX \Okr \iA \iAC \ire \ie/ !/ \04 71C the\iA eP&C \1,001 \fi �i� �!� �!/ \1000, `.L�r rii �f/, iii Ali �ti tt,/ �fi �fi Ali Ali rt,�, '�\ Ramada Z�n� Me oe_ 15494 Palmdale Road /p\ /f\ Victorville, CA \I/ \f/ ifs /p\ Highway I-15 to Palmdale Road (CA-18 W) exit. Turn left onto Mariposa Road (US Historic �\ \!/ Route 66). Turn left onto 7`b St (US Historic Route 66). Continue to follow 7th St, to the Ramada \f/ Ina. (7' St becomes Palmdale Road.) n p 0�100m v o yet 30QfL / \ m a A � Ali �� Civic Dr Y `� /!\ /!o a\!I \f/ Ramona Ave a /f\ lost Vista \fi e y iK \f/ ¢ E 9C Anacapa Rd Po�¢ at`o i @ 0, /!\ /\ o op � Bonanza Rd /f\ 02004 Menquestmm, Ina: O2004 Navlgatipn Techrwbges \!/ s /f\ /f\ \!r `fi �ti ati \fi 7AL las i�w. sic ia� iii ia� / \t/ \t/ ' ia� iat iac' 7t ia� lC• Here it is—the nationally acclaimed two-day finance workshop... Fundamentals of �L5 5 aunts i ze Learn how to understand and apply the principles of finance and accounting Youll learn powerful skips with big benefits: $ How to read financial statements $ How to use proven accounting methods to forecast revenue and plan for growth $ Clearing up the most common misconceptions non-financial managers have about "the numbers" $ How to discuss and report financial data in the appropriate terminology $ 15 indispensable terms that will help you speak the language of finance and accounting $ How to zero in on the important numbers in any financial report $ How to recognize opportunities for improving cash flow and profit contribution $ PLUS MUCH, MUCH MORE Who needs this training? If you are in or getting ready for a management position ... If you must prepare, interpret or approve budgets, financial reports or business plans ... If you want to be able to better understand and communicate the financial results and performance of your organization ... this seminar is for you. It cuts through the theory and jargon to provide practical, real-world training in the essential financial shills that every manager needs. Turn to pages 4 and 5 for a complete outline of the program. Call toll free 1-500-873-7545 01995, SIcllI .W Semiosis Complete workshop just 3299 per person 0269 each for four or more) Aa f e. meluEM. Your vfi kq.o r�unmeN. We're coming to your area in 2004 ... California Anaheim • May 10 — 11 Irvine • June 17 —18 Ontario • May 12 —13 Pasadena • May 18 —19 Sacrarnento • June 23 — 24 San Luis Obispo • May 20 — 21 Ventura • June 15 —16 Illinois Arlington Heights • May 17 —18 Chicago • May 26 — 27 Naperville • May 24 — 25 Oak Brook • May 19 — 20 Schaumburg • June 10 — it Nevada Reno • May 24 — 25 Oregon Sx Portland •June 22 — 23 Z^ Texas r a Dallas • May 24 — 25 Dallas • June 22 — 23 Fc Worth • May 26 — 27 Washington Seattle • May 26 - 27 Seattle • June 24-25 Complete workshop just 3299 per person 0269 each for four or more) Aa f e. meluEM. Your vfi kq.o r�unmeN. Increasing your sl with fthe number: make you a better More than ever before, today's managers are required to understand and speak the language of finance and accounting in order to achieve their goals, objectives and bottom-line results. In this nontechnical, real -world -oriented training, you'll gain the finance and accounting savvy you need to plan budgets, justify requests, spot problems before they get out of hand and much more. You'll learn the practical financial concepts and skills that will help you make better management decisions. This comprehensive two-day program shows you how to become a better manager by learning how to apply the basic financial principles so critical to your success. Attend these intensive two days of training and gain vital financial knowledge you'll use throughout your career. You'll gain valuable skills that will benefit you and your organization forever $ How to focus quickly on the figures that matter most in reports, budgets and balance sheets $ How to avoid problems and recognize opportunities that can affect the bottom line of your organization $ How to use basic financial tools to measure results and plan for growth $ How to present reports and plans in sound financial terms for greater impact and acceptance at all levels of management $ How to gain confidence and increase your comfort level in working with financial facts and figures $ How to save money, time and frustration by learning the standard practices, language and fundamentals of finance and accounting $ How to use the numbers to gain perspective for strategic planning and decision making $ How basic skills in finance and accounting positively affect all parts of your job, including managing people, setting short - and long-term objectives and controlling costs Three more reasons to choose this workshop: Compare the content. Compare the course material (outlined on pages 4 and 5) with that offered by any other training provider. We think you'll agree that this is the most thorough and complete finance and accounting workshop being offered by anyone, anywhere. 2. Compare the trainer. After just two days, you'll gain a firm grasp of the terminology, applications and fundamentals of finance and accounting. The trainer for this workshop is a true finance and accounting professional— dedicated to giving you the know- how to handle the numbers. 3. Compare the guarantee. It's simple. If you're not happy, we're not happy. If you're not absolutely delighted with the value and benefits to be gained from this workshop, we'll refund your tuition in full or arrange for you to attend another SkiMth seminar without paying another penny. ---------------------------- ---- --- --- - .. .... ----------------- GJ& le: To unroll: Call lull frcc 1-8()0-873--15 i5, un hnc d1 .SFillpzih.(onl t nrlil \our uuollntun to — - - uuolI, killpalh.nct. I:i% cow cnrollmuu to 1 91, i63-1311 of mail in Ili uunllnu[it linnI on pac( '. A special message from your senior trainer ... ___.-.1 Dear Professional: It's a fact of life that your ability to handle "the numbers' is one of the most important business skills you can possess. Whatever your functional area of responsibility, whatever your current position— your competence, effectiveness and success are dependent, to some degree, on your ability to understand and apply the principles of finance and accounting. That's why we developed Fundamentals of Finance and Accounting for _ Nonfinancial Managers. It's expressly designed for executives, managers and supervisors who are often required to deal with financial data but who don't have _T formal financial training. ---__ Our powerful program was developed to make you ... • more comfortable with financial terminology and reports __. • more confident about making financial plans and decisions • more productive and valuable as a member of your organization's management team We'll show you how to interpret the financial reports that cross your desk and use them as valuable decision-making tools ... how to gain faster approval of new plans and ideas by presenting them in the appropriate financial terms ... and how "financial literacy" improves your professional credibility. This two-day workshop is packed with practical, real-world information you'll use right away. Plus, you'll take back a workbook that will become your valued desktop reference, complete with guidelines for preparing financial reports, definitions of accounting terms and professional pointers for staying on top of the numbers important to you in your work. Please take a moment now to look over the complete outline of this workshop on pages 4 and 5. Then invest just two days and $299. We promise that you'll gain valuable finance and accounting skills that you'll use throughout your career. "-" Reserve your place today by calling 1-800-8737545, on-line at www.skiUpadi.com or by mailing the registration form on page 7. See you at the workshop! Steph derson ---- Fu mentals of Finance and Accounting for Nonfinancial Managers Senior Trainer Day 1 9 a.m. to 4p.m. How to understand and use the "language of business" ■ what every manager needs to know about the basic building blocks of accounting and finance ■ How to cut through the jargon to translate financial data into meaningful concepts and understandable terms ■ The 15 financial terms your business vocabulary must include ■ Financing business—where the money comes from ... types of loans ... short-term, long-term financing ... unsecured loans ... factoring ... advantages and disadvantages of each ■ How to present your ideas and plans in the appropriate financial terms ■ How to avoid the most common sources of confusion i between accountants and managers ■ 5 important ways understanding and applying Generally Accepted Accounting Principles (GAAP) will make you a more effective manager Day 2 9 a.m, to 4p.m. How to use the financial tools available to you to make better management decisions ■ 3 measuring sticks for evaluating the financial performance of any endeavor ■ How you play a role in controlling cash flow even if your department is not a profit center ■ When and where to record business transactions and how to use the information recorded ■ How to quickly decipher balance sheets, income statements and cash flow reports ■ Tips from the professionals on how to prepare financial statements ■ How to report financial information in the proper format ■ How to use a simple formula for figuring breakeven 4 "Finance 101" for managers ■ which concepts of budgeting all managers need to understand ■ 2 powerful financial concepts you'll use throughout your career ■ The important differences between figuring expenses and revenues on a cash versus accrual basis ■ 4 red -world examples of how to use depreciation to reduce taxable net profit ■ How to identify fixed versus variable costs ■ How to develop workable rules for setting up financial statements ■ when and why to capitalize expenditures ■ Payables and receivables—what every manager must know ■ "Profit" and "loss"—understanding the real meaning of each ■ 3 quick ways to find the vital numbers in any financial report ■ The key financial ratios to consider when analyzing financial statements ■ How to use accounting principles to make realistic growth projections r 2 important elements to look for in annual reports Computers and financial management ■ Overview of the available software packages: Accounts receivable and payable programs, budget tracking systems and more ■ Recognizing what personal computer software programs can do for you—and what they can't ■ Evaluation criteria to help you select the best software package for your unique needs Generally Accepted Accounting Principles— how to set up financial statements and reports ■ How to compute net worth and stockholders' equity ■ How to account for assets, liabilities, equity, revenue and expenses ■ Understanding the basic "T" accounting system ■ Sorting business transactions into the appropriate debits and credits ■ Understanding the basics of the accounting cycle ■ Checking for accuracy: The value of taking a trial balance ■ Simple guidelines for posting accounts ■ How to understand and interpret the most common financial reports Enroll today! Call toll free 1-800-873-7545 or on-line at www.skillpath.com Please bring a pocket calculator with you to the workshop. Program Hours 9:00 a.m. to 4:00 p.m. each day Seminar Materials Is Fundamentals of Finance and Accounting for Non-financial Managers worth two days of your valuable time? YES 1 But don't just take our word for it. Read what past participants have to say: "I now understand most of the accounting jargon' I've been bearing at work. Financials make a lot more sense to me now." - Julie Nowicki, Office Manager, European Industrial Products Seminar gave a good overview of the financial process and the speciJtcs of determining a solid business Very beneficial in giving pointers on bow to interpret my company's financial documents." - Karen Moore, Regional Manager, 360" Communications "ibis two day seminar is the most informative accounting dass I have ever attended It has opened my eyes to all aspects of finances. I would recommend this seminar to anyone." - Oscar Brown, Executive Supervisor, Elite Roofing Co., Inc. Another great reason to attend ... Your trainer Stephen Anderson, Tocay Lollis or Gregory Hicks Stephen, Tocay and Gregory are firmly established financial experts and veteran trainers who'll raise your comfort level and skill in managing the "numbers" side of business. They represent the "cream of the crop" in the financial industry and were hand-picked for their depth of knowledge and wealth of experience. You'll benefit from their years as financial decision -makers and their keen ability to present this vital information in a meaningful and understandable way. Through their astute eyes, you'll see finance clearly and, for the first time, it will make complete sense. They'll walk you through the hows and whys of budgeting, financial reports, balance sheets, cash flow and every other tool critical to your companys livelihood. There's not a single boring minute in this fast -paced training experience. These pros pack it with energy and excitement, exploring finance and accounting from every angle and uncovering techniques even veterans will use and appreciate. They've helped thousands of business professionals build their confidence and expand their careers. Now they'll help you build a firm foundation of financial know-how so the next time you're on the firing line, you'll have the right information ... to make the right decisions. Brought to you by SkillPath— The Smart choice' for people serious about success SkillPath trains thousands of achievementodented professionals like you every month, from organizations of all sizes and all types—business, government, health care, education and the military. Our seminar leaders are a select group of trainers at the top of their profession—skilled teachers with a tremendous depth of knowledge in their respective topic areas. Our commitment to providing you with the highestquality 1e n en'ce possible has made SkiliNth the fastest - You'll leave this workshop with a Certificate of growing training company in the world Attend this seminar and experience for Attendance; a soundly researched, unabridged elf y°tusthe positive effect of powerful ideas, skillfully presented. workbook; and step-by-step guidelines for using the new information you've just learned. America's top coo companies can't be wrong _ Topnotch trainers, comprehensive materials and our guarantee of satisfaction ensue that a quality learning experience awaits you at every SldllPath program— three of the team that all 500 of tie Fortune 500 compardes choose us to train their people. We hope you will too. After all, when you need training, why settle .._..,._......_...._..-.__..--__-_-. ...-_.. for less than the lest Locations and Dates.. Anaheim, CA • May 10 - 11 Radisson Hotel 1850 S. Harbor Boulevard Arlington Heights, M • May 17 -18 Radisson Hotel Arlington Heights 75 W. Algonquin Road Chicago, H. • May 26 - 27 Congress Plaza Hotel 520 S. Michigan Avenue Dallas, TX • May 24 - 25 Crowne Plaza Suites 7800 Alpha Road Dallas, TX • June 22 - 23 Holiday hm Marker Center 1955 Market Center Boulevard Pt Worth, TX • May 26 - 27 Holiday Inn North 2540 Meacham Boulevard hvine, CA - June 17 - 18 Crowne Plaza Irvine 17941 Von Karman Naperville, EL • May 24 - 25 Wyndham lisle 3000 Warreaville Road Oak Brook, IL • May 19 - 20 Butterfield Office Plaza Building 2625 Butterfield Road, Suite 233 North SkillPath Learning Center Ontario, CA • May 12 - 13 Ontario Airport Marriott 2200 E. Holt Boulevard Pasadena, CA • May 18 -19 Pasadena Center 300 E. Green Street Portland OR • June 22 - 23 Holiday Inn Portland Airport 8439 ME Columbia Boulevard Reno, NV • May 24 - 25 Holiday Ian Downtown 1000 E. Sixth Street Sacramento, CA • June 23 - 24 Doubletree Hotel 2001 Point West Way San Luis Obispo, CA • May 20 - 21 Sands Motel San Luis Obispo 1930 Monterey Street Schaumburg, B. • June 10 - I1 Radisson Hotel Schaumburg 1725 E Algonquin Road Seattle, WA • May 26 - 27 Clarion Hotel Sea -Tac Airport tis 3000 S. 176th Street Seattle, WA • Jane 24 - 25 Crowne Plea Seattle 1113 Sixth Avenue Ventura, CA • June 15 - 16 Four Points Ventura Habortown 1050 Schooner Drive r9 (i 1 On -Site Seminars, Consulting and Keynote Speaking It's simple. Our people can make your people better. We can customize any of our programs and bring our trainer right to your company's door. We also provide a full range of in-house consulting services, and our trainers are always delighted to add sparkle to your neat corporate or association meeting with a stimulating keynote speech designed just for you. For more information about all our onsite services, call our on-site training department at 1500873-7545. Whether you have 3 or 300 people to train, SUIRith is the answer. SkillPath's continuing support ...We don't just stand behind our seminars, we stand behind you. If, after attending the seminar, you're faced with a finance or accounting problem and don't know where to tum—try us. just send a brief description of your particular problem or question and one of our finance and accounting specialists will promptly respond Where else can you find 4 that kind of support? Nowhere but witb SkillPatb. 1 Important Information Our registration table opens at 8:15 am. on the first day. When you arrive at the hotel, 4 please check the directory for the exact location of the seminar. Our registrars will greet you, assist you with your registration (or collect your Express Admission Ticket), hand you your seminar materials and direct you toward your seat. You'll also want to take the opportunity to meet other professionals from your local area. Introduce yourself] You may meet a new friend Plan to be registered and ready to go by 8:50 a.m. We begin each day at 9.00 am on the dot and wrap up at 4:00 pm. Lunch is on your own from 11:45 a.m. to 1:00 p.m. Why not invite another participant to dine with yowr You can share information, review the morning and make each day even more enjoyable. Parking. We do our best to find seminar facilities that have all the pluses we look for. Convenient location, great meeting morns, courteous staff and plenty of free parking. However, some facilities have paid parking only. You may want to check with the facility personnel to determine parking fees—often they can direct you to free parking just around the comer. Tape recording. Our programs—both what you see and what you hear—are fully copyrighted Ir SkillPath. No audio recording or videotaping, please. Still Haven't Picked Up the Phone? Five More Good Reasons Why You Will Want to Attend This Program ... 1. Our trainers are the best ... period. We choose only the pros who have a proven track record of training effectiveness, professionalism and expertise. And what's more, they're exciting communicators who'll provide you with two of the most interesting days you've ever spent. 2. We give you only the mosti�mrtar�t important information. There's a lot of information out there that could take you years to gather on your own. In two fast -paced days c we'll give you what we believe is the best, most important information to help you be the bet you can be. 3. Practicality is emphasized. You will leave this seminar with specifics you can apply immediately. We promise you'll get results on your verynext day back at work. 4. The value is unbeatable. Not only is our enrollment fee among the lowest you'll find, whe four or more enroll from the same organization, you'll enjoy a significant discount. 5. Our guarantee is unconditional, straightforward and the very best in the industry. How can we be so confident? Because we work hard before the seminar to make sure you'n happy after the seminar. Pertinent, up-to-date information you can really use, a convenient meeting location, Seminar registrars who are courteous and helpful and a trainer who grabs �,. your attention and takes you on an exciting journey fail of fun and fads. We believe you'll k ? every minute of it. Millions of satisfied participants from around the country are sold on SUIPath Seminars. Why not join them? YA et If you're not happy, we're not bappy. Go back to work and apply the new accounting you learned in our seminar. If you're not absolutely deligbted with the results you acb >' write to ars right away. Well issue you a refund or arrange for you to attend another 111 SkillPatb seminar without paying another penny. That's our guarantee! Registration Information Mr. es 1 I can't wait to attend Ma. Nwc,ma Tmc Fundamentals of smmmdrc Finance and Accounting: for Non-financial Managers aM4Add. Enrollment fee: $299 per person W. ($269 each for four or more) Dna ❑ Anaheim, CA ............................. For the fattest service, phone 14i00A737545 or 19136773 m 200.Ocustomer service representatives wll be happy Ways Five Easy Ways m take your enrollment The easiest way to guermtce your enrollment is to pay Wid a credit card when making your To Register," reservation, or you can mail in your payment before the seminar date ❑ Dallas, TX .................................. 2. Visit our Web site at wwwzkIDpadLoom for easy on-line registration B Phone By Na 3.Or send your enrolment m us by emdl at ewvllilskIDpatb.aset Please include the following inkatiom me ❑ Ft Worth, TX ............................. and unling address; session you wish to attend; your VIP number as it appears on your malling hbr1; approving 1-800-873-7545 manager and bung Information or 1-913-677.3200 4, if you prefer to fns us you registration, the number is 1-913-362.4241. Please Include credit cud information or ❑ Oak Brook, IL ........................... mal in your payment before the seminar date. On-line 5. of course, you can complete the enrollment form below, clip it and OUR it with payment to: ❑ Pasadena, CA ............................ SkilPath Seminars, P.O. Bos 804441, Kansas City, MO 641804441. Enroll on -rule at Wbutever your method of registration, be sure to enroll right away since space a limited As soon as we receive your W W W.S ..:COIIl enrolment, we'll send you Express Admission Ticket Simply bring it with you m the program and hand it m the .,:, , I :::~ ^"', registrar. Ifyou ticket doesn't arrive before the seminar, be sure m go anyway. Well be expecting you Walk-in B registrations are welcome on a spaceavailable basis only. ' Your tuition is tax deductible. Even the government smiles on professional education. All expenses of Continuing Cor skMpath.net Education (Including registration fees, travel, meals and lodging) taken to maintain and improve professional skills .ply de: , . ,. - are rax deductible according to Treasury Regulation 1.162.5 Coughlin vs. Commissioner, 203 Ptd 307. address- Cancellatbm and substitutions, Canceilatlons received up to Eve working days before the seminar are refundable, P5t y.y , ; . , minus a $25 registration service charge. After that, cancellations are subject m nar the entire semifee, which you may . y+ -; apply toward a fume seminar. Please note that if you don't cancel and don't attend, you are still responsible for payment Substitutions may be made at my time. "' "` "'•— ` // This SkMPzth seminar qualffles for 12 contact hours (L2 CEUs) in accordance with guidelines set forth l / by the InternationalAssociadon for Continuing Education and Training--AuthorH.ed Provider number 3307. You must attend the entire program to qualify for CEUs. Many national, state and local licensing boards and professional organizations will grant Continuing Education credit for attendance at our seminars (save this 1�913 brochure and you Certificate of Attendance). You may want to contact you own board or organization to Rod out sz '^:''` G ,{ •,.' liV181� what's required Registered with the National Association of State Boards ofAccotmtancy, (NASBrU as a National Registry CPE Sponsors.State boards iB'�/' sponsor of rontinuing professional education oa the of of accountancy have final authority on the acceptance of individual courses for CPE credit Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 FourthAveoue North, Nwhville,TN 37219¢2417.Tbis scm uar qualifies for 12 CPEs.No prerequisite courses, advance preparation or . BOX 804441 Kansas City, MO 64180-444 experience is required for admittance to this semina Please print or type: Noo:Ifyou'rc rtseteretl by phone and pain Wahv crtdlt ate, US not necemrym Mem thin rotm. Mr. es 1 I can't wait to attend Ma. Nwc,ma Tmc Fundamentals of smmmdrc Finance and Accounting: for Non-financial Managers aM4Add. Enrollment fee: $299 per person W. ($269 each for four or more) Dna ❑ Anaheim, CA ............................. May 10 —11 (*155144) ❑ Arlington Heights, lL ................. May 17 —18 (x154138) ❑ Chicago, M ................................ May 26 — 27 (+155289) ❑ Dallas, TX .................................. May 24 — 25 0154115) ❑ Dallas, TX ................................. June 22 — 23 (#156326) ❑ Ft Worth, TX ............................. May 26 — 27 0154142) ❑ Irvine, CA ................................. June 17 — 18 (#156507) ❑ Naperville, IL ............................. May 24 — 25 (#155221) ❑ Oak Brook, IL ........................... May 19 — 20 (0153955) ❑ Ontario, CA ............................... May 12 —13 ("155857) ❑ Pasadena, CA ............................ May 18 —19 (#155348) ❑ Portland OR ............................. June 22 — 23 (#156445) ❑ Reno, NV ................................... May 24 — 25 (#155346) ❑ Sacramento, CA ........................ June 23 — 24 (x15(416) ❑ San Luis Obispo, CA ................. May 20 — 21 (x155347) ❑ Schaumburg, IL ........................ June 10 —11 (#156586) ❑ Seattle, WA ................................ May 26 — 27 (#155629) ❑ Seattle, WA ............................... June 24 — 25 (#156327) ❑ Ventura, CA .....................-....... June 15 —16 (#156542) Mr. emw.m Nn. N."Tuk N M. rameemns. woy+m Na erne w, meumoar n W vw... on . ,epn.z.s.et.ee.nm. Mr. s+a. Approving Supervisor one Wmpany _ aaawngemra ❑ry. Nan, an' Telephone _ Fax - sac raymeni mTormanton (Please pay borne me soros-): El Confirming phone registration, # p Charge m: ❑ MasterCard ❑ Visa ❑ Amex Q Check enclosed payable to: SkillPath Seminars ❑ Diners Club ❑ Discover/Pdnte [sue/bravo Mail on: Ski lift kmims, P.O. Box 804441, Kona, Cry, NO 641BD4441 Card number Check # Check int. [3Purchase order attached: # Expiration due S gnaue ❑ invoice my company Attention: * -1309607 3096O7