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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 08/31/2004:4D East Valley Water District 3654 HIGHLAND AVE., SUITE #18, HIGHLAND, CA REGULAR BOARD MEETING August 31, 2004 2:00 P.M. AGENDA ----------------------------------------------------------------------------- "In order to comply with legal requirements for posting of agenda, only those items filed with the District Secretary by 10:00 a.m. on Wednesday prior to the following Tuesday meeting not requiring departmental investigation, will be considered by the Board of Directors". ----------------------------------------------------------------------------- CALL TO ORDER PLEDGE OF ALLEGIANCE 1. Approval of Agenda 2. Public Comments CONSENT CALENDAR 3. Approval of Board Meeting Minutes for August 10, 2004. 4. Approval of Special Board Meeting Minutes for August 16, 2004. 5. Resolution 2004.24 — Notice of Completion for Rehabilitation of Well 25a located at Mountain Avenue and Marshall Blvd. in the City of San Bernardino. 6. Resolution 2004.26 — Accept Grant of Pipeline Easement from the City of Highland. 7. Adopt Ordinance No. 364 "Establishing Guidelines for the Conduct of its Public Meetings and Activities. 8. Approval of Liens for Delinquent Water and Sewer Accounts. 9. Accounts Payable Disbursements: Accounts Payable Checks #198374 through #198597 were distributed August 9, 2004 through August 25, 2004 in the amount of $584,718.92. Payroll Checks for period ended August 6, 2004 and included checks and direct deposits in the amount of $88,861.78 and August 20, 2004 and included checks and direct deposits in the amount of $96,328.13. Total Disbursements for the period were $769,908.83. OLD BUSINESS 10. Radon Rule/Perchlorate Rule Update (General Manager). 11. Headquarters Project Review and Update (General Manager). 12. Discussion and possible action regarding Conditions of Approval Development Permit Type 11 03-24 for East Valley Water District, Highland Avenue, west of Central Avenue. (APN: 1191-251-0000). NEW BUSINESS 13. Accept County of San Bernardino 2004 Biennial Conflict of Interest Code. 14. Ballot for the Special District's run-off election for Regular LAFCO Member. Discussion and Possible Action. 15. Ballot for the CSDA 2004 Board of Directors election. Discussion and Possible Action. 16. Discussion and Possible action regarding the Board of Director's committee structure. REPORTS 17. Water Quality Conference Budget Update (CFO) 18. General Manager's Report 19. Oral Comments from Board of Directors CORRESPONDENCE 20. Appreciation letter to the District from California State University San Bernardino, expressing gratitude for supporting the Jim Roddy Scholarship Fund. 21. Appreciation letter to the District from Cal State University for support of the Water Resources Institute. 22. Association of the San Bernardino County Special Districts Membership Meeting, hosted by Victor Valley Water District, Woody's Cocky Bull Restaurant, Victorville, Ca., September 13, 2004. 23. 77°i Annual WEFTEC Technical Exhibition and Conference, Ernest N. Morial Convention Center, New Orleans, Louisiana, Ca., October 2-6, 2004. 2 24. Water Education Foundation 2004 Southern California Tour, October 6-8, 2004. CLOSED SESSION 25. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Government Code Section 54956.8] Property: 7920 Webster / (12.2 Acre Site) APN: 1201-361-01, 02, 03 Parry with whom District will negotiate: Mission Development Company Parry who will be negotiating on behalf of the District: Jim Cimino / Robert Martin Under Negotiation: Prices and Terms of Payment �",'VALi ----------------------------------------------------------------------------- Pursuant to Government Code Section 54954.2(a), any request for a disability -related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above- agendized public meeting should be directed to the District's Administrative Assistant at (909) 885-4900 at least 24 hours prior to said meeting. 3 SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT August 10, 2004 REGULAR BOARD MEETING 11611►111Y_5PS' The meeting was called to order at 2:02 p.m. by President Wilson. Director Goodin led the flag salute. PRESENT: Directors Lightfoot, Negrete, Goodin, Sturgeon, Wilson ABSENT: None STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Justine Hendricksen, Administrative Assistant LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews, Charles Roberts (Highland Community News), Gary Sturdivan (EVWD), Jim Cimino (Cimino Realty), Cheryl Tubbs APPROVAL OF AGENDA M/S/C (Sturgeon -Lightfoot) that the August 10, 2004 Agenda be approved as submitted. PUBLIC PARTICIPATION President Wilson declared the public participation section of the meeting open at 2:05 p.m. Cheryl Tubbs informed the Board that there is a vacancy on the Board of San Bernardino Valley Water Conservation District; that the deadline to submit an application is August 27, 2004. There being no further verbal or written comments the public participation section was closed. Minutes: 08/10/04 APPROVAL OF BOARD MEETING MINUTES FOR JULY 27, 2004. M/S/C (Goodin-Negrete) that the July 27, 2004 Board Meeting Minutes be approved as submitted. RESOLUTION 2004.20 — ACCEPT DEDICATION OF WATER DISTRIBUTION SYSTEM WITHIN TRACT 14419 IN THE CITY OF HIGHLAND was presented to the Board for approval. M/S/C (Goodin-Negrete) that Resolution 2004.20 be approved. RESOLUTION 2004.21 — ACCEPT DEDICATION OF SEWERS WITHIN TRACT 14419 IN THE CITY OF HIGHLAND was presented to the Board for approval. M/S/C (Goodin-Negrete) that Resolution 2004.21 be approved. DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND SAN MANUEL BAND OF MISSION INDIANS TO EXTEND AN 8 INCH SANITARY SEWER TRANSMISSION LINE LOCATED AT THE INTERSECTION OF MARSHALL BLVD. AND VALARIA DRIVE IN THE CITY OF SAN BERNARDINO was submitted to the Board for approval. M/S/C (Goodin-Negrete) that the Development agreement between East Valley Water District San Manuel Band of Mission Indians be approved as submitted. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. M/S/C (Goodin-Negrete) that the liens for delinquent water and sewer accounts be approved for processing as submitted. DISBURSEMENTS M/S/C (Goodin-Negrete) that General Fund Disbursements #198199 through #198373 distributed during the period of July 23, 2004 through August 4, 2004 in the amount of $1,012,852.65 and Payroll Fund Disbursements for the period ended July 23, 2004 in the amount of $94,695.72 totaling $1,107,548.37 be approved. RADON RULE/PERCHLORATE RULE UPDATE The General Manager stated there was nothing new to report on the Radon Rule; that there was a line item on the Defense Appropriation Bill for $1.5 million for Perchlorate Treatment research for drinking water; that the General Manager would follow up with the Department of Defense regarding a possible joint program. 2 Minutes: 08/10/04 DISTRICT HEADQUARTERS REVIEW AND SITE UPDATE The General Manger updated the Board on the interim facilities; that the District would be moving to the interim facilities on August 21-22; that the Permanent District Headquarters effort is moving forward; that there are still grading issues; that the State of California has taken back the 27 acre property adjacent to the Permanent District Headquarters property; that the District would continue discussions to purchase the 27 acre property. DIRECTORS FEES AND EXPENSES FOR JULY 2004 were presented to the Board for approval. M/S/C (Sturgeon-Negrete) that the Directors Fees and Expenses for July 2004 be approved. RESOLUTION 2004.22 — AUTHORIZATION TO ADD DELINQUENT AND NON - PAID CHARGES TO ANNUAL PROPERTY TAXES was presented to the Board for approval. M/S/C (Lightfoot -Sturgeon) that Resolution 2004.22 be approved. RESOLUTION 2004.23 — SUPPORT OF LAFCO 2926 SPHERE OF INFLUENCE EXPANSION AND REDUCTION CHANGES FOR EAST VALLEY WATER DISTRICT was presented to the Board for approval. The General Manager updated the Board regarding the sphere of influence changes; that item "D" would be changed to reflect "The City of Highland's Boundaries"; that he recommends approval of Resolution 2004.23. M/S/C (Sturgeon -Lightfoot) that Resolution 2004.23 be approved as amended. AUTHORIZATION TO WRITE OFF UN -COLLECTABLE DELINQUENT ACCOUNTS THAT ARE AT LEAST TEN YEARS OLD AND THOSE ACCOUNTS WHICH HAVE BALANCES OF LESS THAN $11.00 was presented to the Board. Director Sturgeon questioned if the District is able to renew property liens; he suggested we renew property liens in the future rather than let them expire. M/S/C (Lightfoot -Sturgeon) that the staffs recommendation to write-off un - collectable delinquent accounts that are at least ten years old and those accounts which have balances of less than $11.00 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING A CLAIM FOR DAMAGES AT 1677 PUMALO ST. APT #16, SAN BERNARDINO, CA., FROM ANNEL MARTIN was presented to the Board. 3 M inutes: 08/10/04 M/SC (Lightfoot -Sturgeon) that the Claim for Damages by Annel Martin be denied and referred to District's Legal Counsel and Insurance Agency. DISCUSSION AND POSSIBLE ACTION REGARDING A CLAIM FOR REIMBURSEMENT OF SEWER CHARGES AT 25457 CH ST., SAN BERNARDINO FROM VICKIE LAUDAN AND GARY GEHEB REPRESENTING ALDA E. DAVIS was presented to the Board. Director Goodin stated the District would need to secure a release from the customer. Director Sturgeon questioned how many years a septic tank could be operational. M/S/C (Negrete-Lightfoot) that the Claim for reimbursement of sewer charges be denied and referred to District's legal counsel and Insurance Agency. DISCUSSION AND POSSIBLE ACTION REGARDING ALTERNATIVE PAYMENT LOCATIONS FOR EAST VALLEY WATER DISTRICT. Brian Tompkins (CFO) was unable to make contact with prospective companies to discuss payment options. No Action Taken. SCHEDULING A TOUR OF DISTRICT FACILITIES IN OCTOBER 2004. The General Manager and Board of Directors suggested that the Water District and related facilities tour be scheduled for Wednesday October 13, 2004. DISCUSSION AND POSSIBLE ACTION REGARDING CANCELING OR RESCHEDULING THE AUGUST 24, 2004 BOARD MEETING. The General Manager suggested that the August 24, 2004 Board meeting be rescheduled to August 31, 2004 due to the District's upcoming move to the interim facilities. M/S/C (Negrete-Lightfoot) that the August 24, 2004 Board meeting be rescheduled to August 31, 2004. RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on August 10, 2004 was reviewed. Information only. Minutes: 08/10/04 WATER QUALITY CONFERENCE BUDGET UPDATE The General Manager updated the Board on the Water Quality Conference; that there will be three sessions running concurrent; that the final agenda is nearly complete. HAZARD MITIGATION UPDATE Gary Sturdivan advised the Board that the Hazard Mitigation Plan is moving forward; that the public meetings are completed; that the report is approximately 75 pages in length; that the report will be submitted to the San Bernardino County Fire OES August 16, 2004. Director Sturgeon commented on Grants that other Agencies are receiving due to their Mitigation Plans. Gary Sturdivan informed the Board that the District has applied for a FEMA Grant for the North Fork Canal. The General Manager commended Gary Sturdivan for the work he has done on the Hazard Mitigation Plan. GENERAL MANAGER'S REPORT The General Manager reported on the District's operations to date; that the District is moving to the interim facilities in approximately one week; that there will be a sign on the Del Rosa location indicating the move to the interim facilities; that the banner at the interim location is installed; that the permanent sign is under construction; that the District is currently in a drought situation; that the District is currently purchasing water due to falling water levels. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Goodin commented that he would like to re-establish committee meetings. President Wilson commented that the committee meetings were on a trial basis and is not certain they are needed. Director Lightfoot commented on the field workers uniforms; that he recommends nametags with a picture ID be worn on the uniforms and safety vests. APPRECIATION LETTER TO THE DISTRICT FROM ASBCSD FOR SPONSORING THE ASSOCIATION OF THE SAN BERNARDINO COUNTY SPECIAL DISTRICTS DINNER ON JULY 19, 2004. Information Only. 5 Minutes: 08/10/04 APPRECIATION LETTER TO THE DISTRICT FROM DIANE BROADBENT EXPRESSING GRATITUDE FOR HOSTING THE ASBCSD DINNER AT THE CASTAWAY RESTAURANT. Information Only. APPRECIATION LETTER TO THE DISTRICT FROM CSUSB FOR SUPPORT ON THEIR EDUCATIONAL MISSION. THE LEVEL OF SUPPORT BY THE DISTRICT WAS CREDITED TO THE WATER RESOURCES INSTITUTE. Information Only. APPRECIATION LETTER TO THE DISTRICT FROM THE WATER EDUCATION FOUNDATION FOR THE DISTRICT'S SUPPORT TO OFFSET THE COST OF PRODUCING THE ISSUE OF WESTERN WATER, "PHARMACEUTICALS & PERSONAL CARE PRODUCT AND RX FOR WATER QUALITY PROBLEMS. Information Only. SAN BERNARDINO AREA CHAMBER OF COMMERCE "LEGISLATIVE BREAKFAST", CASTAWAY RESTAURANT, 670 KENDALL DRIVE, SAN BERNARDINO, AUGUST 20, 2004. Information Only. THE 11TH ANNUAL CALIFORNIA URBAN WATER CONFERENCE, HYATT REGENCY ISLANDIA HOTEL, MISSION BAY, SAN DIEGO, CA, AUGUST 25- 27, 2004. Information Only. WATER EDUCATION FOUNDATION "NORTHERN CALIFORNIA TOUR", SACRAMENTO, CA, SEPTEMBER 15-17,2004. Information Only. CLOSED SESSION The Board entered into Closed Session at 3:03 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the Agenda. DIRECTOR LIGHTFOOT LEFT AT 3:30 P.M. ADJOURN TO REGULAR SESSION President Wilson declared that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 3:40 p.m. The items listed on the Agenda were discussed in closed session with no reportable action being taken. 6 Minutes: 08110/04 ADJOURN The meeting was adjourned at 3:40 p.m. until the next regularly scheduled Board Meeting on August 31, 2004. Robert E. Martin, Secretary George E. "Skip" Wilson, President Minutes: 08/10/04 SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT SPECIAL MEETING August 16, 2004 MINUTES The Special Meeting was called to order at 9:02 a.m. by President Wilson. Director Sturgeon led the flag salute. PRESENT: Directors Lightfoot, Goodin, Sturgeon, Wilson ABSENT: Director: Negrete STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Justine Hendricksen, Administrative Assistant LEGAL COUNSEL: Steve Kennedy GUEST(s): Jim Cimino PUBLIC PARTICIPATION President Wilson declared the public participation section of the meeting open at 9:03 a.m. There being no written or verbal comments, the public participation section was closed. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF GRANT DEED FOR LOT LINE ADJUSTMENT NO. LLA -04-003 BETWEEN APN(s) 1201-361-02 AND 1201-361-03 LOCATED ON THE NORTHWEST CORNER OF FIFTH STREET AND WEBSTER STREET. The General Manager updated the Board on the Lot Line Adjustment; that a Grant Deed is needed to formalize the configuration of the land; the General Manager recommended that the Grant Deed for Lot Line Adjustment LLA -04-003 be approved. M/S/C (Sturgeon -Lightfoot) that the Grant Deed for Lot Line Adjustment No. LLA -04-003 be approved as submitted. Special MeenneMmutes:08/16/04 RESOLUTION 2004.25 — ACCEPT GRANT OF EASEMENT FOR FIRE AND IRRIGATION SERVICE FROM SAN MANUEL BAND OF SERRANO MISSION INDIANS TO EAST VALLEY WATER DISTRICT was presented to the Board for approval. The General Manger updated the Board on the location of the easement (Hemlock Dr.); the General Manager recommended approval of Resolution 2004.25. Director Lightfoot questioned the County of Imperial on the Notary Acknowledgment; that he was concerned why San Manuel Band of Serrano Mission Indians was granting an easement. District Engineer Paul Dolter commented that the land is not federalized. M/S/C (Goodin -Lightfoot) that Resolution 2004.25 be approved. ADJOURN The meeting was adjourned at 9:08 a.m. until the regularly scheduled Board Meeting on August 31, 2004. Robert E. Martin, Secretary George E. Wilson, President 2 Special MeetmgMinutes.08116/04 EXHIBIT "A" RESOLUTION 2004.24 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT NOTICE OF COMPLETION BE IT HEREBY RESOLVED, by the Board of Directors of the East Valley Water District, as follows: WHEREAS, based upon the certificate of completion executed by the District for rehabilitation of Well 25a located at Mountain Avenue and Marshall Blvd. in the City of San Bernardino. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby determine that said contract is completed and the President and Secretary are hereby authorized to execute a Notice of Completion on behalf of the District, and the Secretary is hereby authorized and directed to record said Notice of Completion in the office of the County Recorder, County of San Bernardino, State of California. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District upon motion duly made, seconded and carried on August 31, 2004. Ayes: Noes: Absent: Attest: (Seal) W2321 8/6/04 jw EAST VALLEY WATER DISTRICT George E. Wilson, Board President Robert E. Martin, Board Secretary �J U SITE li JN'P'ltE VICINITY MAP E.V.W.D. PLANT NO. 25 LOCATION: Southeast corner of Mountain Ave. and Marshall Blvd. pltSite.zls AJelaJaaS pJeoB 'ulueV4 '3 pegod ('alai we uogaldwoo 10 eapou WR)O swelum alp W Buuesms sl 04m Rnpygpul wA jo almeuBls leuosmd) ('psu8!s we4M'Al0) ('wmouNs W we0) 'e1w0111eO oulpmWeH ues 1e'—oZ uo pelmex3 goe11m pue enq s! 6ulo6wol a4i 7041 Aln(1ed;o Alleuatl lepun weloep I '96pelmoq Aw;o wul sl awes eta 4owoup slueluoo eql mouy pue uogeldwm;o mpou ples pew eney I 'uogaldwoo;o mllou ('ol3'Jo 19umo,',;o gauped V.'Jo 1a6suey4 , ',1c luaplswd,) Bu!oBwO) 041401ue1eloep gig — "Ingioas eyl we l :Aes'peuBls+epun eyl'1 NO(J-V3lrlla3A lueplsaJd pJeoB 'uosI M'3 96JOaE) luaee sly m Z 4dwBsmd N Pawou +sumo )o 1aoslo alwod= m lewno p wnleu6!S +sump lenp!A!pul m) U04MYPOA :018(3 laulsl4 JaleM AIM )Se3 (%aum,'Vogul 'pauBlsse AIm6W useq 1e4 ssampe kens m)1) 3NON sl Auedwd pies )a sswppe 109AS atil '6 'SZ Mid 48 uo, l!I! e4w eSZ IlaM :smoeo; se pagposep sl pue'elulo;geo;o aleiS ' oulWe0 a8 -u US- )o f4uno0 ou!plew g ue ;o Alp ayl ul n peleldwm sem luewenwtlw! }o >I1om pies y0!yM uo Apadmd eyl 'g (perymJ)o elect) ,amu, pasul'ap4m a to luewanwdwl 10 Aim 1y mp9qum ou 11) tIME/9 ue woo wndlweue5semluawenoldwl)o:pomyons+o)'Aue)!'+oloeAumeyy;ooweuayl 'L 6E Weld 18 u Ile1S u!P 818 QPYOntJ :sem auop lllom 041 '600Z 0 lmr uo paleldwoo sem pegposep leyeu!a+ey Ayadwd eyl uo luewe=dw!;o 1pom y 'g loylsiCl + 1 M Awnoo a Ins!01a18M ell A ise SS3i100V 3WVN :ele uOwwM al slueual se 10 slueuel lu!o{ se peuBlwepun ey) 4W aqq ploy 04m'Aus 11 Isuowed pejo sesswppe lin; pue saweu pn1 a41 g (,0995,01 m.'aseywnd to m"t oo mpun mseyynd.'aldurexajai 'posul pue."I ul. atllns'wl ue41 mylo 11) '66; ul'al Jaum0 04110 alelso Jo lmejul eyllo alnleu eq1 'q EL4Z6 V0 ou!plewe8 ueS dZt+ xog nu nye 8 18 SS sl+sumo 041;0 SswPpe Ilry 041 'f uis!01e1 M a118A lse3 sl leuma 041;o eweu IIn; 941 'Z Apadold a w moa :pagpasep 1a1}eulwey VI i q palels elelse 10 lswelu! eta la leumo 941 to lmgla elwod+oo 10 Jeumo al PeuB!wepun 041 -L :ley) uenl8 Agwey sl aOgoN aleldwoo 1o; apls ewanw eaS) uogeldwm lave sAep 0L ulM!m paigeg lsnw •E60E uo0 SeO ('sluaww)nbal 4pon!0 of luenwnd mgoN N01131dW03:10 30IION asn S-113080031 HOJ 31,1I1 SIHI 3AOSV 30VOS SN4L-L4L-SSLO'ON NdV 01919 oL4Z6 Vo'oulplewag ueg g Allo sswppy enuenV esoa lap SSL L 109J1S I0P;9!01aleMAalleAlse3 eweN Ol lIVA 03080038 NBHM ONV A8031sanC IONIM10038 RESOLUTION 2004.26 A Resolution Of The Board Of Directors Of The East Valley Water District Accepting Grant of Pipeline Easement from City of Highland, a Municipal Corporation as Grantor of an easement as described in Exhibit "A" and listed in Easement For The Right To Construct, Use, Maintain, Alter, Add To, Repair, Replace and/or Remove Pipeline Appurtenances, Under, Through And Across The Real Property Located In The City Of Highland, County Of San Bernardino, State Of California. . BE IT HEREBY RESOLVED AND ORDERED that the Grant of Pipeline Easement and signed by Larry McCallon, Mayor Pro Tem, City of Highland as grantor (s) grants to the East Valley Water District, its successors and assigns a Grant of Pipeline Easement over, under, through and across the real property described therein, be and the same is hereby accepted for and on behalf of said Water Company. BE IT FURTHER RESOLVED, that a copy of this resolution be attached to said Conveyance of Pipeline Easement, and that the same be recorded in the Office of the County Recorder, County of San Bernardino, State of California, and filed in the records of said Board. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District by motion duly made, seconded and carried on August 31, 2004. Ayes: Directors: Noes: Absent: ATTEST: Job No. W2081 08/16/04 jw EAST VALLEY WATER DISTRICT George E. Wilson, Board President Robert E. Martin, Board Secretary RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF HIGHLAND 27215 BASE LINE HIGHLAND, CA 92346 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT (PIPELINE) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF HIGHLAND, a Municipal Corporation, hereby grants to the EAST VALLEY WATER DISTRICT, a County Water District, its successors and assigns, as grantee, an easement for the right to construct, use, maintain, repair, replace and/or remove a 16 -inch pipeline together with all necessary appurtenances upon, under, over, across and through the real property in the City of Highland, County of San Bernardino, State of California described as follows: See Exhibits "A" and `B" attached hereto and made a part hereof. If excavation is proposed within the easement, the contractor is required by State law to notify Underground Service Alert by which East Valley Water District will be notified. Dated� / lltlllI/ / �, ;&Y STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDRNO } On 14111;11(1 16, personally appeared'4rev m:i personally known to me (or pro d to me on th evidence) to be the person(s) whose name(s)(; instrument and acknowledged to me tha(hosh tis/heFAMk-authorized capacity(ics), and that t e instrument the person(s), or the entity upon acted, executed the instrument. subscribed to the within ;y executed the same in li�herhl+eirsignature(s) on ialfof which the person(s) WITNESS my hand and official seal. Signature VAI 1945400\119454 pipeline easement.wpd City of Highland ------------------------------- ELIZABETH HUTCHINS m COMM #1364007 < NOTARY PUBLIC - CALIFORNIA N SAN BERNARDINO COUNTY w )a' Miy Comin Expires July 6.2006 Qpp000�AC7T►..,..... :�F70oG000 (This area for official notarial seal) EXHIBIT "A" LEGAL DESCRIPTION WATERLINE EASEMENT BEING A PORTION OF LOTS "A" AND "B" OF TRACT NO. 15375, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS RECORDED IN BOOK 282 OF MAPS, AT PAGES 73 THROUGH 75 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT "A"; THENCE NORTH 74"04'16" EAST ALONG THE SOUTHERLY LINE OF SAID LOT "A", A DISTANCE OF 202.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 74°04'16" EAST ALONG SAID SOUTHERLY LINEA DISTANCE OF 679.28 FEET; THENCE NORTH 69°38'37" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 304.99 FEET; THENCE NORTH 59°50'45" EAST ALONG SAID SOUTHERLY LINE AND THE SOUTHERLY LINE OF SAID LOT "B", DISTANCE OF 250.18 FEET; THENCE NORTH 19°45'35" EAST A DISTANCE OF 54.47 FEET TO A POINT ON THE SOUTHERLY LINE OF MARIANNE LANE SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 250.00 FEET, THE INITIAL LINE BEARS NORTH 08°20'01" WEST; THENCE WESTERLY ALONG SAID SOUTHERLY LINE AND SAID NON -TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 05"04'56", AN ARC LENGTH OF 22.18 FEET; THENCE SOUTH 19045'35" WESTA DISTANCE OF 37.55 FEET; THENCE SOUTH 47°39'29" WEST A DISTANCE OF 21.52 FEET TO THE SOUTHEAST CORNER OF LOT 24 OF SAID TRACT NO. 15375; THENCE SOUTH 59°50'45" WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT "B", DISTANCE OF 88.33 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 69"36'02" WEST ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 76.52 FEET; THENCE SOUTH 24°44'34" WEST A DISTANCE OF 19.53 FEET; THENCE SOUTH 70°30'06" WEST A DISTANCE OF 163.56 FEET; THENCE SOUTH 68°29'29" WEST A DISTANCE OF 179.01 FEET; THENCE SOUTH 73°12'25" WEST A DISTANCE OF 122.12 FEET; THENCE SOUTH 73°34'43" WEST A DISTANCE OF 178.73 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 975.00 FEET, THE INITIAL RADIAL LINE BEARS NORTH 20°26'52" WEST; SHEET I OF 2 O:%word processing\job related 351 -US Home',35105 -Little PulsaileealssLOT-A AND B WATER LINE.doc THENCE SOUTHWESTERLY ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 01°43'52", AN ARC LENGTH OF 29.46 FEET, TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY, HAVING A RADIUS 1025.00 FEET, THE INITIAL LINE BEARS NORTH 22°10'44" WEST; THENCE SOUTHWESTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 06°15'00", AN ARC LENGTH OF 111.81 FEET; THENCE SOUTH 74004'16" WESTA DISTANCE OF 201.84 FEET; THENCE SOUTH 68045'03"WESTA DISTANCE OF 42.09 FEET; THENCE SOUTH 60055'44" EAST A DISTANCE OF 9.74 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.55 ACRES MORE OR LESS ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. /ONpL X55 LAND\ �4 H. AppI 4C �/,p4 a No. 3821 s EXP.0MOM4 Q \TF OF CAL\ " WILLIAM H. ADDINGTON, P.L.S. 3821 'DTE MY LICENSE EXPIRES ON 06/30/04 SHEET 2 OF 2 O: word processing\job related\351 -US Hame33105 -Little Pulsar\Le"_als\LOT-A AND B WATER LIN E.doc � � ��� $ w V) \\ }to 3 LO «\ \\ y % e \( V � \ » C k§ \ / Q x or A � ƒ � \)� )§( ƒƒ ' a \ =ae \ �� - * �a� * 9 C) wz co / ® g \ 0 / 5 2\ U') o\ m LO � ® 2 \ • \ } } g f w L a £ - § � a a �� �§ | @ a V)/ ) k <�§A¢ / / u »e® @ y Uu =`m �/ \�\ \ \ L..0 Q / �\>]/ k\�~ -m \§ \ \k �/ $§5222! §�»;))® c �§( N w O n �hN u] w I� r7 N � C1 Z w S J inH O j o h C 0�\2 0 6 1�O > N 'CO hv? M Lr) > N moo\ 1 \ OA. W �- O ¢2�W� �¢ 2 \ 0 3 h � h � • t � � Q1 �7 V� C O In �F 01 �1 N � Y U � � v7 ^Ot � � U), Q 2 O .- y y y O� C . •p h o r77v7 �J 1 A SZ SZ `, N O^ W O LO C) U ID 'D L� WU (M N u N Z m r7 J N � a Y � � m r N kO � � M PO o LO N o N N m O r rn to °r �o � � o ' SE6 SNEE'C � Z " �N6 �CLs o W N ,o° Lu h Z oyz o Aw— J o U n Q V) W 7 0 W a �hN u] N I� r7 N � C1 Z J O j o C N O ¢2�W� �¢ �� 3 h � h � • t � � Q1 �7 V� C O In �F 01 �1 7 7 U � � v7 ^Ot � � Q 2 O .- y y y '-N r77v7 ORDINANCE NO. 364 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ESTABLISHING GUIDELINES FOR THE CONDUCT OF ITS PUBLIC MEETINGS AND ACTIVITIES WHEREAS, the Board of Directors of the East Valley Water District finds as follows: A. The East Valley Water District ("the District") is a county water district organized and operating pursuant to California Water Code Section 30000 et seq. B. The District is governed by an elected Board of Directors ("the Board") whose meetings are subject to the requirements of the Ralph M. Brown Act, California Government Code Section 54950 et seq. ("the Brown Act"). C. The Board is authorized by Government Code Section 54953.7 to impose requirements upon itselfwhich allow greater access to its meetings than prescribed by the Brown Act. D. The purpose of this ordinance is to ensure that the Board's deliberations are open to the public to the fullest extent permitted by law and its activities are performed in a manner that reflects a dedication to the highest standards of integrity and accountability so as to continue to earn the trust and confidence of the public served by the District. THEREFORE, THE BOARD OF DIRECTORS of the East Valley Water District does hereby adopt and ordain as follows: Section 1. PUBLIC ACTIVITIES. To the extent not otherwise inconsistent with applicable law or any existing or future ordinances, resolutions, rules, regulations, or particular practices of the District, the Board hereby adopts as a matter of general policy the Guidelines for Conduct attached hereto as Exhibit "A" and incorporated herein by this reference. 1 Section 2. PUBLIC MEETINGS. 2.1. Statutory Requirements. All meetings ofthe Board and all committees thereof shall be conducted in compliance with all applicable requirements of the Brown Act. 2.2. Additional Requirements. 2.2.1, Regular Meetings. Pursuant to Government Code Section 54954(a), all regular meetings of the Board shall be held at 2:00 p.m. on the second and fourth Tuesdays of each month at the District offices located at 3654 East Highland Avenue, Suite #18, Highland, California. 2.2.2. Special Meetings. Special meetings ofthe Board shall be called and conducted in accordance with Government Code Section 54956. The Board shall not add any non-agendized item to the agenda of a special meeting. Further, no agenda for a special meeting shall provide an opportunity for the Board to consider the possible addition of any non-agendized item to the agenda. 2.2.3. Agendas. The agendas of all Board meetings and all committee meetings that are open to the public shall be posted in the following locations: (1) an exterior bulletin board located outside the District headquarters which is accessible twenty-four (24) hours a day; (2) on-line at the District's website known as "eastvalley.org"; and (3) an interior bulletin board located in the lobby of the District headquarters. Section 3. REVIEW OF ORDINANCE ON ANNUAL BASIS. Each year the Board shall review this ordinance to determine its effectiveness and the necessity for its continued operation. The District's General Manager shall report to the Board on the operation of this ordinance, and make any recommendations deemed appropriate, including proposals to amend the ordinance. Upon conclusion of its review, the Board may take any action it deems appropriate concerning this ordinance. Nothing herein shall preclude the Board from taking action on the ordinance at times other than upon conclusion of the annual review. 2 Section 4. SEVERABELUY. If any provision of this ordinance, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 5. EFFECTIVE DATE. The provisions of this ordinance shall take effect immediately upon adoption. Adopted this day of 2004. AYES: NOES: ABSTAIN: ABSENT: President, Board of Directors ATTEST: Secretary, Board of Directors GUIDELINES I for CONDUCT A Primer for Public Water Agency Officials Association of California Water Agencies Leadership Advocacy Information Since igio 916/441-4545 FAx 916/325-4849 www.acw2net.com _ 910 K Street, Suite 100, Sacramento, California 95814-3577 f, ±Y;UARY�2b0� .z� GUIDELINES I for CONDUCT A Primer for Public Water Agency Officials Association of California Water Agencies Leadership Advocacy Information Since igio 916/441-4545 FAx 916/325-4849 www.acw2net.com _ 910 K Street, Suite 100, Sacramento, California 95814-3577 U A PROUD HISTORY ACWA is the largest coalition ofpublic water agen- cies in the country. it is a leader on California water issues and a respected voice for its members in the legislative and regulatory arenas. Formed in 1910, ACWA has been a guiding force in California water policy for nearly a century — and continues to help shape the laws, decisions and regulations that affect .the state's urban and agricultural water users. ACWA's 447public agency members deliver 9096 of the water used by cities, farms and businesses in California. Together, they play an active role in managing and protecting the state's water resources, and in promoting special districts a3 a highly effective form of local government, closest to the customers they serve. 49 4- GUIDELINES for CONDUCT A Primer for Public Water Agency Officials Prepared by,the ' Association of California • Water Agencies 910 K Street, Suite 100 Sacramento, CA 95814-3577 916/441-4545 / FAx 916/325-4849 www.acwanct.com ° January 2004 Association of California Water Agencies Leadership Advocacy Information simei9ro Adopted by the ACWA Board of Directors, December 12, 2003. v -E "] t' r y aj T— 0 ACWA wishes to thank the members of its Water Agency ° ' ° ° ' ' ° ° ° ° ' ' ' ' ' ° ° ' • • ' Guidelines Task Force for their expertise and tireless a efforts in developing these Guidelines for Conduct. I u Bette Boatmun — Contra Costa Water District E.G. "Jerry" Gladbach — Castaic Lake Water Agency Gary Arant — Valley Center Municipal Water District Paul Bartkiewicz — Bartkiewicz, Kronick & Shanahan Randy Fiorini — Turlock Irrigation District Brent Graham — Tulare Lake Bazin Water Storage District Melody Henriques — San Bernardino Valley Water Conservation District Dan Klaff—ACWA/Joint Powers Insurance Authority Dan Kriege — Soquel Creek Water District Wayne Lemieux — Lemieux & O'Neill Jim Pretti — Contra Costa Water District Jess Senecal— Lagerlof, Senecal, Bradley, Gosney, et al. Roger Sherrill — Rio Alto Water District Dana Wisehart — United Water Conservation District Greg Zlotnick — Santa Clara Valley Water District KEY SECTIONS 1. Purpose and Scope.........................................................................1 2. Responsibilities of Public Office...................................................2 3,. a e a c.0 e o o a o o c e c e o 0 0 : : : 4, : - e 0 : _ o 5. Use of Confidential Information...................................................4 6. Conflict of Interest.......................................................................5 7. Soliciting Political Contributions..................................................7 8. Incompatible Offices......................................................................7 9. J e Improper Activities and the Reporting of Such Activities; Protection of"Whistle Blowers"................................................10 4 7. 12. Directors' Compensation and Expense Reimbursement ...........................................................................................................12 i 13, Changes in Compensation.........................................................17 1 ti `iii Candidates Statement................................................................17 15. Violation of Ethics Policy ...........................................................18 KEY SECTIONS 1. Purpose and Scope.........................................................................1 2. Responsibilities of Public Office...................................................2 3,. Fair and Equal Treatment...............................................................2 4, Proper Use and Safeguarding of District/Agency Property andResources......................................................................3 5. Use of Confidential Information...................................................4 6. Conflict of Interest.......................................................................5 7. Soliciting Political Contributions..................................................7 8. Incompatible Offices......................................................................7 9. Board Member—General Manager Relationship ............................8 10. Improper Activities and the Reporting of Such Activities; Protection of"Whistle Blowers"................................................10 11. Compliance with the BrownAcr................................................11 12. Directors' Compensation and Expense Reimbursement ...........................................................................................................12 13, Changes in Compensation.........................................................17 14. Candidates Statement................................................................17 15. Violation of Ethics Policy ...........................................................18 Resources............................................................................................19 e Government is a trust and the officers ofgovern- . . • • • • ment are the trustees; and both the trust and the trustees are created for the benefit of the people. " (Henry Clay, 1829) t Ik Water agencies have an important mission: to provide reliable, high quality water supplies for their customers at the lowest practicable cost. Water agencies need the support of the commu- nities that they serve in order to be effective. All water agency officials should be dedicated to the highest ideals of integrity and accountability to continue to earn the trust, confidence and support of the public they serve. The adoption and adherence to written guidelines regarding the conduct of public officials provide a sound foundation on which to build public trust and confidence. These guidelines provide a primer on standards of accountability for water agency officials. Most of the items that these guidelines cover reflect the requirements of existing laws, but several of the provisions go beyond legal requirements and are within the discretion of each water agency to adopt. Legal requirements are summarized and legal citations are included as appropriate. ACWA members should consult their legal counsel to confirm the applicability of these provisions to their agency to adopt. Some of the provisions will be controlled by the requirements of the enabling act under which the water agency operates. These nuances are noted in the preamble to each section of the guide- lines, which also states the purpose for each section. Each sec- tion contains sample language for implementing the purpose of the section. — Continued on nextpage C i C J .. .• 0 0 0 9 — Continued f,-o;r, pre, Totts page These guidelines are a tool for ACWA members to use as they deem appropriate to assist in thepreparation and/or updating of a com- prehensive set of written policies to inform both elected officials and the general public of the ethical standards that their public officials are expected to meet in conducting the public's business. These guidelines are for Board members. ACWA recommends that water agencies also adopt written guidelines regarding the conduct of management and other water agency employees. ACWA assisted the Institute for Local Self Government (916-658-8208) in preparing A Local Officials Guide to Ethics Laws (Spring 2002). The Institute's Web site: wwcv.ilsg.00rre, is an excellent source of reference materials concerning guidelines for ethical conduct by public officials. ACWA recommends that water agencies have written policies that meet current legal requirements concerning the conduct of public officials and accounting for the use of public funds. ACWA also recommends that these policies be reviewed and updated periodi- cally during Board meetings. This would help to assure that elected water agency officials keep these ethical requirements in mind as they conduct the public's business, and also help to assure the community that the trust that Henry Clay spoke of is being hon- ored and protected for the benefit of the public. Water agencies should have written policies, procedures and/or guidelines for the general conduct of business by elected officials. Ethical behavior guidelines may be estab- lished as the purpose section of an ethics policy or may be integrated into documents such as an agency's Mission Statement. Sample language is shown below. The policy of the Water District/Agency is to main- tain the highest ethical standards for its Board members. The proper operation of the District/Agency requires decisions and policy to be made within the proper channels of governmental structure, that public office not be used for personal gain, and that board members remain objective and responsive to the needs of the public they serve. Accordingly, it is the policy of the District/Agency that Board members and District/ Agency employees will maintain the highest standard of personal honesty and fairness in carrying out their duties. This policy sets forth the basic ethical standards to be followed by the Board of Directors of the Water District/Agency. The objec- tives of this policyare to (1) pro- vide guidance for dealing with ethical issues, (2) heighten aware- ness of ethics and values as critical elements in Board members' con- duct, and (3)'improve ethical decision-making and values -based management. GUIDELINES for CONDUCT aKa., Water agencies should have written policies, procedures and/or guidelines for the general conduct of business by elected officials. Ethical behavior guidelines may be estab- lished as the purpose section of an ethics policy or may be integrated into documents such as an agency's Mission Statement. Sample language is shown below. The policy of the Water District/Agency is to main- tain the highest ethical standards for its Board members. The proper operation of the District/Agency requires decisions and policy to be made within the proper channels of governmental structure, that public office not be used for personal gain, and that board members remain objective and responsive to the needs of the public they serve. Accordingly, it is the policy of the District/Agency that Board members and District/ Agency employees will maintain the highest standard of personal honesty and fairness in carrying out their duties. This policy sets forth the basic ethical standards to be followed by the Board of Directors of the Water District/Agency. The objec- tives of this policyare to (1) pro- vide guidance for dealing with ethical issues, (2) heighten aware- ness of ethics and values as critical elements in Board members' con- duct, and (3)'improve ethical decision-making and values -based management. GUIDELINES for CONDUCT rll.n {may, SECTION 3 RESPONSIBILITIES OF PUBLIC OFFICE Public officials are subject to numerous State laws that set forth requirements for how they conduct the public's busi- ness. An ethics policy is one place to compile references to those laws. In the alternative, agencies may rely on the laws themselves, but preparing a summary of them should help to assure compliance. Sample language is shown below. Board members are obligated to uphold the Constitution of the United States and the Constitution of the State of California. Board members will comply with appli- cable laws regulating their conduct, including conflict of interest, financial disclosure and open government laws. Board members 1F,ti1 ACWA 200 will strive to work in cooperation with other public officials unless prohibited from so doing by law or officially -recognized confidentiality of their work. (Government Code Section 1360; Article 20, Section 3 of the Calif65 nia Constitution.) FAIR AND EQUAL TREATMENT Provisions of State and federal law require that public offi- cials abide by standards that relate to the fair and equal treatment of the public. Sample language is shown below. Board members, in the perfor- mance of their official duties and responsibilities, will not discrimi- nate against or harass any person on the basis of race, religion, color, creed, age, marital status, national origin, ancestry, gender, sexual orientation, medical condition or disability. A Board member will not grant any special consideration, treatment or advantage to any `J ............� e e person or group beyond that which is available to every other person or group in similar circumstances. , (See, e.g., Article 1, Section 31 of the California Constitution; Age Discrimination in Employ- ment Act of 1967 (29 U.S.C., Section 621-634); Americans 411 with Disabilities Act of 1990 (42 U.S.C„ Section 12101 et, Seq.); Fair Employment and Housing Act (Government Code, Section 12900 et. Seq.); Rehabilitation Act of 1973 (29 U.S.C., Section 701 et. Seq.); Tide VII of the Civil Rights Act of 1964 (42 U.S.C., Section 2000e er. Seq.); Labor Code Sec- tion 1102.) 'PROPER USE AND SAFEGUARDING OF DISTRICT/AGENCY PROPERTY AND RESOURCES Public officials have a duty to take appropriate steps to assure thatAgency documents and other public property are safeguarded. Sample language is shown below. Except as specifically authorized, a Board member will not use or permit the use of District/Agency- owned vehicles, equipment, tele- phones, materials or property for personal benefit or profit, A Board member will not ask or require a DistricE/Agency employee to per- form services for the personal benefit or profit of a Board member or employee. Each Board member must protect and properly use any District/Agency asset within his or her control, including information recorded on paper or in electronic form. Board members will safe- guard Distrix/Agency property, equipment, moneys and assets against unauthorized use or re- moval, as well as from loss due to criminal act or breach of trust. (Article 16, Section 6 of the Cali- fornia Constitution, Government Code Section 8314; Penal Code Section 424; see People v. Baain (1978) 77 Ca1.App.3d 635.) GUIDELINES for CONDU €: -- - - -- F Lek sI i r �k �r person or group beyond that which is available to every other person or group in similar circumstances. , (See, e.g., Article 1, Section 31 of the California Constitution; Age Discrimination in Employ- ment Act of 1967 (29 U.S.C., Section 621-634); Americans 411 with Disabilities Act of 1990 (42 U.S.C„ Section 12101 et, Seq.); Fair Employment and Housing Act (Government Code, Section 12900 et. Seq.); Rehabilitation Act of 1973 (29 U.S.C., Section 701 et. Seq.); Tide VII of the Civil Rights Act of 1964 (42 U.S.C., Section 2000e er. Seq.); Labor Code Sec- tion 1102.) 'PROPER USE AND SAFEGUARDING OF DISTRICT/AGENCY PROPERTY AND RESOURCES Public officials have a duty to take appropriate steps to assure thatAgency documents and other public property are safeguarded. Sample language is shown below. Except as specifically authorized, a Board member will not use or permit the use of District/Agency- owned vehicles, equipment, tele- phones, materials or property for personal benefit or profit, A Board member will not ask or require a DistricE/Agency employee to per- form services for the personal benefit or profit of a Board member or employee. Each Board member must protect and properly use any District/Agency asset within his or her control, including information recorded on paper or in electronic form. Board members will safe- guard Distrix/Agency property, equipment, moneys and assets against unauthorized use or re- moval, as well as from loss due to criminal act or breach of trust. (Article 16, Section 6 of the Cali- fornia Constitution, Government Code Section 8314; Penal Code Section 424; see People v. Baain (1978) 77 Ca1.App.3d 635.) GUIDELINES for CONDU a • 0 0] O C].�) O� G C 9 1•• O• e • 0 ..--...------------...---- AC`VA 2004 USE OF CONFIDENTIAL INFORMATION The Brown Act sets forth provisions that require public officials to maintain the confidentiality ofcertain informa- tion. This section paraphrases applicable provisions of the Brown Act. Sample language is shown below. A. A Director is not authorized, without approval of the Board of Directors, to disclose information that qualifies as confidential infor- mation under applicable provisions of law to a person not authorized to receive it, that (1) has been received for, or during, a closed session meeting of the Board, (2) is pro- tected from disclosure under the attorney/client or other evidentiary privilege, or (3) is not required to be disclosed under the California Public Records Act. B. This section does not prohibit any of the following: (1) making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the alleged illegality of an action taken by the District/Agency; an elected official or employee, (2) expressing an opinion concerning the propriety or legality of actions taken by the District/Agency in closed session, including disclosure of the nature and extent of the allegedly illegal action, or (3) disclosing informa- tion acquired by being present in a closed session that is not confiden- tial information. Prior to disclosing confidential information pursuant to (1) or (2), above, however, a Board member will first bring the matter to the attention of either the President of the Board or the full Board, to provide the Board an opportunity to cure an alleged violation. C. A Director who willfully and knowingly discloses for pecuniary gain confidential information received by him or her in the course of his or her official duties may be guilty of a misdemeanor under Government Code Section 1098. (California Government Code Section 54963.) N'36 � '6v \ : e CONFLICT OF INTEREST e Public officials are required to conduct the public's busing free ofprohibited conflicts of interest. Conflict of interest laws and implementing regulations are highly -technical, ° and are updated periodically. Agencies should assure that their elected officials are informed of the requirements of conflict of interest laws, and have appropriate procedures efor their implementation. Paragraph B includes proeedur e consistent with recent changes to the law regarding disclo- sure of a conflict of interest, set forth in Government Cod oSection 87105. Paragraph C reflects an exercise of the Board's discretion, and is not a legal requirement. Sampl o language is shown below. A. A Board member will not have a i Fair Political Practices Commissi, financial interest in a contract with 1 (FPPC) regulations) that is distin the District/Agency, or be a pur- guishable from the effect on the chaser at a sale by the District/ public generally on (a) a business Agency or a vendor at a purchase entity in which the Director has s made by the District/Agency, unless direct or indirect investment in t] the Board member's participation amount specified in FPPC regula was authorized under Government tions; (b) real property in which i }'+ Code Sections 1091 or 1091.5, or Director has a direct or indirect a ,! provisions rovisions of law. A Board i investment interest, with a worth member will not participate in the the amount specified in FPPC = discussion, deliberation or vote on a regulations; (c) a source of incorr. ` f matter before the Board of Direc- ! of the Director in the amount t i tors, or in any way attempt to use 1 specified in FPPC regulations, Elt2 his or her official position to influ- within 12 months before the Boa a r�, - ,xn ence a decision of the Board, if he I decision; (d) a source of gifts to t , r' 'r or she has a prohibited interest with Director in an amount specified respect to the macer, as defined in FPPC regulations within 12 P g the Political Reform Act, Govern- months before the Board decisioi Y ' men r Code Sections 81000, and or (e) a business entity in which i following, relating to conflicts of Director holds a position as a interest. Generally, a Director has a director, trustee, officer, partner, An "indire r '`2 financial interest in a matter if it is manager or employee. reasonably foreseeable that the interest' means any invesrmert c Board decision would have a mate- interest owned by the spouse or rial financial effect (as defined by GUIDELINES for CONDti M ACWA 2004 dependent child of the Director, by an agent on behalf of the Director, or by a business entity or trust in which the Director, or the Director's spouse, dependent child or agent, owns directly, indirectly or beneficially a 10 percent interest or greater. An elected official will not except honoraria, or gifts that exceed the limitations specified in the Fair Political Practices Act or FPPC regulations. Board members will report all gifts, campaign contributions, income and financial information as required under the District/Agency's Conflict of Inter- est Code and the provisions of the Fair Political Practices Act and FPPC regulations. (Government Code Sections 87100 and following.) B. If a member of the Board believes that he or she may be disqualified from participation in the discussion, deliberations or vote on a particular matter due to a conflict of interest, the following procedure will be followed: (a) if the Director becomes aware of the potential conflict of interest before the Board meeting at which the matter will be discussed or acted on, the Director will notify the Districr/Agency's General Manager and the District/Agency's legal counsel of the potential conflict of interest, so that a determination can be made whether it is a disqualify- ing conflict of interest; (b) if it is not possible for the Director to discuss the potential conflict with the General Manager and the District/Agency's legal counsel before the meering, or if the Direc- tor does not become aware of the potential conflict until during the meeting, the Director will immedi- ately disclose the potential conflict during the Board meeting, so that there can be a determination whether it is a disqualifying conflict of interest; and (c) upon a determi- nation that there is a disqualifying conflict of interest, the Director (1) will not participate in the discus- sion, deliberation or vote on the matter for which a conflict of interest exists, which will be so noted in the Board minutes, and (2) leave the room until after the discussion, vote and any other dis- position of the matter is concluded, unless the matter has been placed on the portion of the agenda re- served for uncontested matters. The Director may speak on an uncon- tested matter during the time the general public speaks on the issue. C. A Board member will not recommend the employment of a relative by the District/Agency. A Board member will not recommenc the employment of a relative to any person known by the Board mem- ber to be bidding for or negotiatins a contract with the District/Agency D. A Board member who know- ingly asks for, accepts or agrees to receive any gift, reward or promise thereof for doing an official act, except as may be authorized by lav may be guilty of a misdemeanor under Penal Code Section 70. (Government Code Sections 1090 and following, 81000 and follow- ing, and 87105; Penal Code Sections 68 and 70.) SOLICITING POLITICAL CONTRIBUTIONS Government Code Section 3205prohibits an agency officer or employee from soliciting political funds or contributions from other officers or employees of thepublic agency. Many public agencies exercise their discretion to also prohibit the solicitation ofpolitical contributions from consultants and vendors. Sample language is shown below. Board members are prohibited from soliciting political funds or contri- butions at District/Agency facilities, or from District/Agency employees. A Board member will not accept, solicit or direct a political contribu- tion from (a) District/Agency employees, officers, consultants or contractors, or (b) vendors or consultants who have a material Financial interest in a contract or other matter while that contract or other matter is pending before the District/Agency. A Director will nt use the District/Agency's seal, trademark, stationery or other indicia of the District/Agency's identity, or facsimile thereof, in an solicitation for political contribu- tions contrary to state or federal law. (Government Code Section 3205.; INCOMPATIBLE OFFICES Another aspect ofa prohibited conflict of interest would be : an attempt to hold more than one public office of agencies that could exercise authority over each other. Sample lan-guage is shown below. Any Board member appointed or elected to a public office of another public entity, the duties of which may require action contradictory or inconsistent with the interests of the first entity (as determined under applicable law), will resign from the former office. (See, generally, 73 Cal.Op.Atty. Gen. 357 (1990). See also Govern- ment Code Section 53227, under which an employee of a special district may not be sworn into office as an elected or appointed member of the Board of the same special district unless he or she resigns as an employee.) GUIDELINES for CONDUC SECT'IQN & vf yt' `X 1 SOLICITING POLITICAL CONTRIBUTIONS Government Code Section 3205prohibits an agency officer or employee from soliciting political funds or contributions from other officers or employees of thepublic agency. Many public agencies exercise their discretion to also prohibit the solicitation ofpolitical contributions from consultants and vendors. Sample language is shown below. Board members are prohibited from soliciting political funds or contri- butions at District/Agency facilities, or from District/Agency employees. A Board member will not accept, solicit or direct a political contribu- tion from (a) District/Agency employees, officers, consultants or contractors, or (b) vendors or consultants who have a material Financial interest in a contract or other matter while that contract or other matter is pending before the District/Agency. A Director will nt use the District/Agency's seal, trademark, stationery or other indicia of the District/Agency's identity, or facsimile thereof, in an solicitation for political contribu- tions contrary to state or federal law. (Government Code Section 3205.; INCOMPATIBLE OFFICES Another aspect ofa prohibited conflict of interest would be : an attempt to hold more than one public office of agencies that could exercise authority over each other. Sample lan-guage is shown below. Any Board member appointed or elected to a public office of another public entity, the duties of which may require action contradictory or inconsistent with the interests of the first entity (as determined under applicable law), will resign from the former office. (See, generally, 73 Cal.Op.Atty. Gen. 357 (1990). See also Govern- ment Code Section 53227, under which an employee of a special district may not be sworn into office as an elected or appointed member of the Board of the same special district unless he or she resigns as an employee.) GUIDELINES for CONDUC -' C. . ,;D TAT 9 o c a n>> o a o o e a a c• ACWA 2004 e r aiu•-ia BOARD MEMBER -GENERAL MANAGER RELATIONSHIP. Each agency's enabling legislation refers to the duties of the governing body of the agency and the manager of the agency. A sound working relationship between the Board and management is essential to the success of an agency. Therefore, the Board may decide that it is desirable to set forth in writing the respective duties and responsibilities of the Board and management. The County Water District Law (Water Code Sections 30000 and following) has specific provisions regarding the duties of the general man- ager (see Water Code Sections 30580 and 30581), and these provisions are used as a template for the sample language set forth below. In addition, in furtherance of promoting the accountability for public funds, the sample provisions also discuss the respective duties of the agency's financial officer, independent auditor and general man- ager, as well. In some smaller agencies, it may not be economically practicable to separate the functions ofgen- eral manager and financial officer. This section should be revised as appropriate to reflect these practical consider- ations. Sample language is shown on the right. A. The Board sets the policy for the District/Agency. The District/ Agency's General Manager (a) has full charge and control of the construction, maintenance and operation of the water system and other facilities of the District/ Agency, (b) has full power and authority to employ and discharge employees and assistants, consistent with District/Agency- policy and other provisions of law, (c) pre- scribes the duties of employees and assistants, consistent -,with District/ Agency policy, and (d) fixes and alters the compensation of employ- ees and assistants, subject to ap- proval by the Board. The Board will, after considering the recom- mendation of the General Manager, appoint the District/Agency's Financial Officer/Treasurer (who will report to the General Man- ager). The Financial Officer/Trea- surer will install and maintain a system of auditing and accounting `i that will completely and at all times show the financial condition of the F' District/Agency in accordance with generally accepted accounting principles and legal requirements. The Board will retain and periodi- cally review the work of an auditor as an independent contractor of the z; District/Agency (other than the ' Financial Officer/Treasurer), who will report to the Board, to conduct an annual audit of the District/ Agency's books, records and Finan - tial affairs. M B. The District/Agency's General Managei serves at the pleasure of the Board. The Board will provide policy direction and instructions to the General Manager on matters within the authority of the Board by majority vote of the Board during duly -convened Board and Board committee meetings. Mem- bers of the Board will deal with matters within the authority of the General Manager through the General Manager, and not through other District/Agency employees, except as it pertains to the functions of the Financial Officer/Treasurer. Members of the Board will refrain from making requests directly to District/Agency employees (rather than to the General Manager) to undertake analyses, perform other work assignments or change the priority of work assignments. Members of the Board may request non -confidential, factual informa- tion regarding District/Agency operations from District/Agency employees. (Insert Water Code or other code Sections from District/Agency enabling act, e.g., Water Code Sections 30580 through 30582 for a County Water District.) GUIDELINES for CONDUC" 10 ACWA 2004 IMPROPER ACTIVITIES AND THE REPORTING OF SUCH ACTIVITIES; PROTECTION OF "WHISTLE BLOWERS" State and federal laws protect the rights of "whistleblowers. " Agency Boards should decide whether to include the discre- tionary procedures outlined below for responding to com- plaints that would fall within the protection of `whistle - blower" statutes. Sample language is shown below. A. The General Manager has pri- mary responsibility for (1) ensuring compliance with the District/ Agency's Personnel Manual, and ensuring that District/Agency employees do not engage in im- proper activities, (2) investigating allegations of improper activities, and (3) taking appropriate correc- tive and disciplinary actions. The Board has a duty to ensure that the General Manager is operating the District/Agency according to law and the policies approved by the Board. Board members are encour- aged to fulfill their obligation to the public and the District/Agency by disclosing to the General Manager to the extent not expressly prohib- ited by law, improper activities within their knowledge. Board members will not inrerfere with the General Manager's responsibilities in identifying, investigating and correcting improper activities, unless the Board determines that the General Manager is not prop- erly carrying out these responsibili- ties. B. A Board member will not directly or indirectly use or attempt to use the authority or influence of his or her position for the purpose of intimidating, threatening, coerc- ing, commanding or influencing any other person for the purpose of preventing such person from acting in good faith to report or otherwise bring to the attention of the Gen- eral Manager or the Board any information that, if true, would constitute: a work-related violation by a Board member or District/ Agency employee of any law or ri SECTION 11 regulation, gross waste of District/ Agency funds, gross abuse of authority, a specified and substan- tial danger to public health or safety due to an act or omission of a District/Agency official or em- ployee, use of a District/Agency office or position or of District/ Agency resources for personal gain, or a conflict of interest of a Dis- trict/Agency Board member or District/Agency employee. 11' C. A Board member will not use or threaten to use any official author- ity or influence to effect any action as a reprisal against a District/ Agency Board member or District/ Agency employee who reports or otherwise brings to the attention of rhe General Manager any informa- tion regarding the subjects de- scribed in this section. (Labor Code Section 1102.5 and following; Government Code Sections 53298 and 53298.5.) COMPLIANCE WITH THE BROWN ACT State law requires thatpublic agencies comply with the Brown Act and its open meeting provisions. Agencies should consider whether to provide a sunimmy of the Brown Act to Board members and staff. It is appropriate to refer to com- pliance with the Brown Act in these guidelines. Sample language is shown below. The members of the Board of Directors, and persons elected but who have not yet assumed office as members of the Board, will fully comply with the provisions of the State's open meeting lav for public agencies (the Brown Act). (Government Code Sections 5495C and following, and 54952.1 and 54959.) GUIDELINES for CONDUC _ M.VA 2004.... DIRECTORS' COMPENSATION AND EXPENSE REIMBURSEMENT. Public agencies should have clear policies guiding Board members as to the, types of meetingsjor which compensation will be provided, and the nature of expenses for which reim- bursement can legally be provided. An agency's enabling statute usually sets forth provisions relating to compensation of Board members and reimbursement for their expenses. Water Code Section 20200 and following set forth alterna- tive procedures under which a Board can set the compensa- tion for each day's service rendered as a Board member. This Section assumes that compensation is set under Water Code Section 20202. Water Code Section 20201 states that com- pensation can be provided at a daily rate `for each day's I attendance at meetings of the Board, or far each day's service rendered as a member of the Board by request of the Board. " These proposed provisions take into consideration that members ofa Board might be required to take vacation time or otherwise be absent from their regular employment in order to attend educational meetings on behalf of the public agencies that they represent. Therefore, these proposed provisions provide for compensation, with approval of the Board of thepublic agency, for travel to and from such meetings. Meetings could include, but are not limited to educational conferences and similargatherings, meetings of other public agencies or water agencies that involve a dis- cussion ofspecifzc interest to the public agency, attendance at agency -related ceremonial functions, or formal appearances before, or meetings with administrative, regulatory agencies, legislators and their staffs. While the wording may vary somewhat in each enabling act, the general standard for reimbursement of expenses h "reasonable and necessary. "There is State statutory and c, law, and Internal Revenue Service laws and regulations, that relate to what constitutes "reasonable and necessary" expenses, and distinguish between permissible compensate and reimbursable expenses. Government Code Section 53065.5 requires special districts, at least annually, to di a close any reimbursement paid by the district within the a irnmediately preceding fiscal year ofat least ,$1OO for eac individual charge (including meal, lodging and trans tion expenses) for services or products received. Although 9 ACWA recommends against it, ifa Board determines the, the issuance of District/Agency credit cards to Board mere bers is necessary, sample language is provided. Within the legal limitations, there are opportunities for Boards to exe cise their discretion to provide that compensation and ex- pense reimbursement are less than the maximums allowe, by law. Therefore, this section may require revisions to m. it applicable to a particular agency. Sample language is :L o provided below. The members of the Board of Directors will fully comply with the provisions of the Board's "Policy on Directors' Compensa- tion and Expense Reimbursement" as set forth in this section. A. Compensation for Attendance at Conferences and Meetings Board members will be compen- sated at the daily rate (i.e., per diem) determined by the Board consistent with applicable law for attendance at meetings of the Board, including Board commit meetings, and for each day's ser, rendered as a member of the Bo as approved by the Board; provi however, that pursuant to Warei Code Section 20202, such com sation will not be paid for more than a total of ten days in any calendar month. Such compens tion will be provided in additio. any reasonable and necessary reimbursement for meals, lodsi GUIDELINES for CO\D� 14 4, ke: ACWA 2004- and travel expenses incurred in attending any conference, meeting or approved event. Compensation will be paid only if the Board member submits a written form that sets forth the date, location and District purpose of the meeting for which compensation is re- quested. In order for a Board member to be paid a lawfully -established per diem for a meeting, or for reasonable and necessary travel time to and from a meeting, the meeting must be: (1) a "meeting" as defined in subdivision (a) of Government Code Section 54952.2 of the Brown Act; (2) committee meetings of the public agency; or (3) other meetings related to or informing the Board member on matters within the jurisdiction of the statutory powers of the public agency, provided that such other meetings deal with substantive issues and consume more than a minor amount of the Board member's time. 13. Directors Expenses 1. General Principles. Each member of the Board of Directors is encouraged to participate in those outside activities and organizations that in the judgment of the Board further the interests of the District/ Agency. Expenses incurred by Board members in connection with such activities are reimbursable, where authorized in advance or subsequently ratified by the Board. The following rules apply: a. All expenses must be reasonable and necessary, and Directors are encouraged to exercise prudence all expenditures. b. This policy is intended to result in no personal gain or loss to a Director. c. Reimbursement will be made only for expenses that qualify as reimbursable expenses under an Internal Revenue Service Account- able Plan. d. The most -economical mode and class of transportation reasonably consistent with scheduling require- ments will be used. In the event a more -expensive class of transporta- tion is used, rhe reimbursable amount will be limited to the cost of the most -economical class of transportation available. Reim- �. bursement for use of personal vehicles will be at the applicable IRS -approved rate. e. Expenditures for food and lodging will be moderate and reasonable. An IRS Accountable Plan allows payment of fixed amounts to cover the daily cost of meals and lodging (depending on the city in which the meeting is held) as an alternative to reimburs- ing for the actual amount of the expenditure. f. Upon incurring these expenses, Directors may submit a request for reimbursement, accompanied by evidence of payment of such ex- penses or receipts for all amounts, consistent with the requirements oF.,, an IRS Accountable Plan. V g. All requests for reimbursement will be submitted to the District/ "h t Agency's Board (or its designee) within a time period specified by the Board after the expenses were incurred or expenditures made. Requests for reimbursement will be submitted, where possible, on forms provided by the District/ Agency, and will (1) state the District/Agency-related purpose for the expenditure, and (2) be accom- panied by receipts evidencing each expense or other documentation deemed satisfactory by the Board or its designee, consistent with the requirements of an IRS Account- able Plan. Expenditures that are improper or otherwise not properly accounted for, or not consistent with the prohibition against gifts of public funds set forth in the Cali- fornia Constitution, will not be reimbursed or accepted by the District/Agency. Where such improper expenses have been paid by the District/Agency, they will be promptly refunded to the District/ Agency or deducted from monies otherwise due a Director. h. To implcment the reporting requirements of Government Code Section 53065.5, the District/ Agency will prepare a list of the amount and purpose of each ex- pense reimbursement made to each Director for the preceding fiscal year, which will be available to the public. i. Officials will be reimbursed for actual telephone and fax expenses incurred on district business. Telephone bills should identify which calls were made on district business. For cellular calls, when the district official has a particular number of minutes included in d official's plan, the official can identify the percentage of calls made on public business. j. Long-term parking should be used for travel exceeding 24-hour 2. Travel / Transportation Ex- penses. The most economical mode and class of transportation reasonably consistent with schedi ing needs and cargo space require ments must be used, using the m direct and time -efficient route. Directors will be reimbursed for expenses, incurred in traveling to and from conferences, meetings other events that are attended on behalf of the District/Agency in their capacity as Directors. Trave expenses will include round-trip airfare, actual reasonable expense for ground transportation to and from airports and hotels, car ren and or mileage reimbursement (; the maximum allowable per mile rate established from time to tirr. by the IRS) for use by Directors privately -owned vehicles in the conduct of District/Agency busi ness. 3. Overnight Accommodation No reimbursement claim or reqs for overnight accommodations be approved for expenses incurr( within the District/Agency's sen area, except upon approval of th Board. Reasonable accommodar expenses (or at the daily rate as specified pursuant to an IRS Ac countable Plan) will be reimbur: only for authorized personnel, a GUIDELINES for CONDI 16 ACWA 2004 such expenses will not be reim- bursed for guests or family mem- bers of the authorized personnel. Where reasonably possible, accom- modations will be obtained in proximity to the conference or meeting site. 4. Meal Expenses. Directors will be entitled to receive reimburse- ment for the reasonable cost of meals, including tips, or at the daily rate as specified pursuant to an IRS Accountable Plan. 5. Use of District/Agency Credit Cards. While it is discouraged, if a Board authorizes Board members to be supplied with a credit card issued in the District/Agency's name, it is to be used only for District/Agency business. Credit card expenses must be reasonable and necessary to the furtherance of District/Agency business. Each credit card statement will be peri- odically reviewed by the Board or its designee. (Water Code Sections 20200 and following; Government Code Section 53065.5.) 6. Telephone/Fax/Cellular. Officials will be reimbursed for actual telephone and fax expenses incurred on city/county/district business. Telephone bills should identify which calls were made on city/counry/district business. For cellular calls when the official has a particular number of minutes included in the official's plan, the official can identify the percentage of calls made on public business. 7. Airport Parking. Long-term parking should be used for travel exceeding 24 -hours. 8. Reports to Governing Board. At the following district governing body meeting, each official shall briefly report on meetings attended at district/agency expense. If mul- tiple officials attended, a joint report may be made. In connection with all issues arising out of compensation and expenses, it is appropriate that elected directors pose this series of questions. • Doer the law allow me to use public resources in this manner? • How does this particular expendi ture benefit the publics interest as opposed to my own personal interest? • Is my motivation for an expense a desire to personally curry favor with the would-be beneficiary of an expense? • How would I feel if a particular expenditure were reported in the local newspaper? How about apolitical hit piece? • How would my next-door neighbor feel about my spending his or her tax dollars this way? Would he or she feel resentful? • Am I making a spending decision out of a sense of reward or entitle- ment? Questions Source: Institute of Local Self Government Y 1J y�qq l V t rA ACWA 2004 such expenses will not be reim- bursed for guests or family mem- bers of the authorized personnel. Where reasonably possible, accom- modations will be obtained in proximity to the conference or meeting site. 4. Meal Expenses. Directors will be entitled to receive reimburse- ment for the reasonable cost of meals, including tips, or at the daily rate as specified pursuant to an IRS Accountable Plan. 5. Use of District/Agency Credit Cards. While it is discouraged, if a Board authorizes Board members to be supplied with a credit card issued in the District/Agency's name, it is to be used only for District/Agency business. Credit card expenses must be reasonable and necessary to the furtherance of District/Agency business. Each credit card statement will be peri- odically reviewed by the Board or its designee. (Water Code Sections 20200 and following; Government Code Section 53065.5.) 6. Telephone/Fax/Cellular. Officials will be reimbursed for actual telephone and fax expenses incurred on city/county/district business. Telephone bills should identify which calls were made on city/counry/district business. For cellular calls when the official has a particular number of minutes included in the official's plan, the official can identify the percentage of calls made on public business. 7. Airport Parking. Long-term parking should be used for travel exceeding 24 -hours. 8. Reports to Governing Board. At the following district governing body meeting, each official shall briefly report on meetings attended at district/agency expense. If mul- tiple officials attended, a joint report may be made. In connection with all issues arising out of compensation and expenses, it is appropriate that elected directors pose this series of questions. • Doer the law allow me to use public resources in this manner? • How does this particular expendi ture benefit the publics interest as opposed to my own personal interest? • Is my motivation for an expense a desire to personally curry favor with the would-be beneficiary of an expense? • How would I feel if a particular expenditure were reported in the local newspaper? How about apolitical hit piece? • How would my next-door neighbor feel about my spending his or her tax dollars this way? Would he or she feel resentful? • Am I making a spending decision out of a sense of reward or entitle- ment? Questions Source: Institute of Local Self Government ki SECT ON 13 CHANGES IN COMPENSATION ' ' ' ' ' ` ' ` ' ' ' ' ' ' ' ' • This section suggests discretionary provisions to make clear that increases in compensation are acted on in a public meetzngprior to the change. Sample language is provided below. SECTION 14 Changes in the compensation of Board members will require the approval of the Board during an open meeting of the Board held at least 60 days prior to the effective date of the change. (Water Code Sections 20200 and following.) CANDIDATE'S STATEMENT ' ' ' • ' a ' ' ' ' ' ' • ' ; This section reflects a discretionary Board action to include : the requirements of Elections Code Section 13313 in the : agency's ethics guidelines. Sample language is provided be- low. A Board member will not include false or misleading information in a candidate's statement for a general DisrrictlAgency election filed pursuant to Section 13307 of the Elections Code. (Elections Code Section 13313.) GUIDELINES for CONDUC �F O P FON 15 VIOLATION OF ETHICS POLICY c . . . . . . . . . . . . . a . . . . . .. a !'IM1�i.Nki r Mn �.CWA 2004 Agencies should specify the Board's options for enforcing its ethics policy, while being mindful that Board members are entitled to due process regarding allegations of wrongdoing. The proposed provisions of these guidelines are discretionary. Sample language is set forth below. A perceived violation of this policy by a Board member should be referred to the President of the Board or the full Board of Direc- tors for investigation, and consid- eration of any appropriate action warranted. A violation of this policy may be addressed by the use of such remedies as are avail- able by law to the District/Agency; including but not limited to: (a) adoption of a resolution expressing disapproval of the conduct of the Board member who has violated this policy, (b) injunctive relief, or (c) referral of the violation to the District Attorney and/or the Grand Jury. RESOURCES e e o • e • • • • e o s s o e • • • • • • • e ` e vk / o WEB SITES Association of California Water Agencies, www.acwaner.com Institute for Local Self Government. The Institute serves as a source of independent research and information for California's communities and their leaders. www.Usg.org American Society for Public Administration. This organization has an interesting, values -based professional ethics code. www.aspanet.org/ethics/coe.html Center for the Study of Ethics in the Professions. Sponsored by the Illinois Institute of Technology, this site provides links to ethics codes online. www.iit.edu/departments/csep City Ethics. A collaborative effort with the Council on Governmental Ethics, this sire features presentation materials from conferences and links to other ethics sites. www.cityethics.org Communities of Character. Communities of Character is a comprehensive and practical approach to character education and training which helps organizations define their core values. Groups identify the ideals that will shape behavior. www.communitiesofcharacter.org Ethics Toolkit. An interesting site offering a "toolkit" for adopting ethics codes. www.ethics.org/toolk c.html Independent Commission Against Corruption. This site has a 200 -plus page guide entitled "Practical Guide to Corruption Prevention.' www.icac.org Ethics Codes and Campaigns. This site has information for candidates, media and the public about promoting voluntary codes of campaign conduct. www.campaignconduct.org — Continued on nextpage GUIDELINES for CONDUC" Zu RESOURCES PUBLICATIONS e• e o o a e o o a o s a e a e e e e e e• — Continued from previous page Available from the Institute of Local Self Government, c/o the League • of California Cities; (916) 658-8257: • Berman, Evan M., West, Jonathan P., Bonczek, Stephen J. (editors), The Ethics Edge, International City/County Management Association: 1998. Blanchard, Ken & O'Connor, Michael, Managing By Values, Barrett -Koehler Publishers: 1997. Josephson Institute of Ethics, Preserving the Public Trust: Five : Principles of Public Service Ethics, Josephson Institute of Ethics: 1997. Kazman, Jane G. and Bonczek, Stephen J., Ethics in Action: Leader's Guide, International City -County Management Association: 1999. 0 Kidder, Rushworth M., How Good People Make Tough Choices, Simon & Schuster: 1995. Lewis, Carol W, The Ethics Challenge in Public Service: A Problem Solving Guide, Jossey-Bass Publishers: 1991. --- Mackenzie, G. Calvin & Hafken, Michael, Scandal Proof. x Do Ethics Laws Make Govern m en t Eth ical? Brookings Institution " " a Press: 2002. - - .. 5 Wear Simmons, Charlene, Roland, Helen, Kelly -DeWitt, Jennifer, =� .1 Local Government Ethics Ordinances in California, California Research Bureau: March 1998 (available online at www.library.ca.gov/ / azi' CRB/98/02/98002.pdf).a Local Agency Code of EthicsRev9_1.doc Available from the Association of California Water Agencies e (916)441-4545: Institute for Local Self Government, A Local Official's Guide to Ethics - ; Laws: Spring 2002. League of California Cities, Jenkins, Armento, Pierre, Carvalho, Corbett, Gillig, Hentschke, Hicks, Smith, Whelan, Open d'Public HT ' y A User's Guide to the Ralph M. Brown Act: 2000. Lemieux, Wayne K., Public Agency Official's Complete Source Book, 4th_ eel., Lexis Law Publishing: 1998. (Updates 2000, 2001). ACWA 2004 ®) 0) : MISSION ACTYA's mission is to assist its members in pro- moting the development, management and rea- sonable beneficial use ofgood quality water at the lowest practical cost in an environmentally balanced manner. F r_� Association of California Water Agencies Leadership Advocacy Information Since 7910 916/441-4545 Fex916/325-4849 wwwacwanct.com 910 K Street, Suite 100, Sacramento, California 95814-3577 13 ll! Association of California Water Agencies Leadership Advocacy Information Saco taro 916/441-4545 FAx 916/325-4849 wwwacwanetcom 910 K Street, Suite 100, Sacramento, California 95814-3577 Ill I 13 ll! Association of California Water Agencies Leadership Advocacy Information Saco taro 916/441-4545 FAx 916/325-4849 wwwacwanetcom 910 K Street, Suite 100, Sacramento, California 95814-3577 CERTIFICATE OF LIEN August 31, 2004 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0010174-00 $139.41 2. 0150172-07 $110.74 3. 0240077-01* $123.71 4. 0340018-08* $88.84 5. 0710011-07* $204.08 6. 0930314-04 $32.32 TOTAL $ 699.10 * STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 East Valley Water District Board Memorandum From: Brian W. Tompkins / Chief Financial Offic�r� Subject: Disbursements. Recommendation: Approve the attached payroll issued during August 25, 2004. Background: list of accounts payable checks and the period August 9, 2004 through Date: AUG. 31, 2004 Accounts payable checks are shown on the attached listing and include numbers 198374 to 198597 for A total of $584,718.92. The source of funds for this amount is as follows: EPA Grant Funds Unrestricted Funds $584,718.92 Payroll disbursed was for the period ended August 6, 2004 included checks and direct deposits, totaling $88,861.78 and August 20, 2004 totaling $96,328.13. Grand Total $185,189.91. Total disbursements- $769,908.83 V b 00 O O O m O 8 O w O p6p. 00 N M m N YOI m N N N O.N tet+] � aE vi ro —cs ❑0 m ow pn 0p O O O O p O O O O O O C Y O O O OO O O O O O O O O O O O O O O O O O O O O sH O O O O 5RE F 12 v t t t L U U U U j R rn N M a3a r n r r r 5 o a3 r r r r r w W y N N N N N N .+f m O O V o f o m 6 o o m $ 'pr p'rnp o v v rn_ m U U L a >> 7 O O N m m m m N N Y1 V% m L O m O N m p d O O O O O O O O O O O O > O > O > O > O > O > O > O > O > N o > > > > > Q Q > > > > > . pyu� ca Ny¢y T � N 41 o o y V m pNi ton aNQ RI N m N N N N M M M r N rz 16 o _ tfOp ffi N m m r m m y m m m m m m m m m m m m m m m m m 0 0 0 dy o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U) L a. 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OS d O O¢ O o� OJ �W � O O" Oce ( YTS zz UU a c� a3 � � � 33 o0 i oo pr oz GpFI N dd a¢ mm wu co 0o co 0o co 0o a a ' -,¢ � a > vxn vxn vxn vxn vxn vxn vxn vxn vxn vxn vxn axn r�i- t-� z » N N O s o 0 0 0 0 0 0 0 0 0 0 0 ¢ $ a; In ID In u> uZ ul In In u�5 uZ m vi In u�S � u� v� � UC 0C uv cry cr Y Y Y Y Y Y Y Y Y Y Y Y U U Y Y Y Y U U U U U U U U U U N N U U U U 3o¢i' o N M M a v v ID m r m m m o s m m m m m m W m m m m m m m m m m m y L N 1A ID N N In In N N N ID ID � � � ID N N N m m m m m m m m m m m m m m m m m m q ._ N L L m m m OI m OJ Ol Ql m Of Of m m m m m Ol m cq ! a 3! i§ a a a 2« 2 ■ § § § § § t ! §q2§|§ § kk ) | k i§ i 2 2« 2 ■ \ r ! §q2§|§ § kk ) | ! k 2 i§ i 2 2« 2 ■ ;! r § ) | ! ;o ; > ; ; ; ; 9 ; »! ) ) ) k k k k ( B \ § 0 � , a a 0 0 Q � � ,e 2 § 2 §§ 2 2§ 2 2 2 2 LU / ( (n§co �2 J � //mmEe § kA k ))29 J99U ,> 77 %7�cm § § ~ k2 § \ § ) s G ;?s G Ne \ \ / \ / Buz , - , , - ! k 2 San August 3, 2004 East Valley Water District 1155 Del Rosa Avenue San Bernardino, CA 92401 DEVELOPMENT SERVICES DEPARTMENT AUG ©5 2004 EAST VALLEY 300 North "D" Street • San Bernardino • CA 92418-0001 WATER DISTRICT Planning & Building 909.384.5057 • Fax: 909.384.5080 Public Works/Engineering 909.3845111- Fax: 909.384.5155 www.d.san-bernardino.ca.us RE: Development Pernut Type 11 03-24 - Highland Avenue west of Central (APN:1191-251-02-0000) Dear Sir/ Madam; At their meeting of July 22, 2004, the Development/Environmental Review Committee (D/ERC) adopted the Mitigated Negative Declaration for the project. The D/ERC then approved Development Permit II (DPII) No. 03-24 based on the Findings of Fact in the Development Code § 19.44.060 and subject to the following Conditions of Approval. Pursuant to San Bernardino Development Code § 19.52.080 and 19.52.100, Development Permits shall become effective 15 days following the final date of action by the appropriate review authority, unless an appeal is filed. All appeals shall be submitted to the Development Services Department, witivn 15 days of the final decision. The documentation shall specifically state the basis of the appeal. If no appeal is filed pursuant to the above provision of the San Bernardino Development Code, the approval of the D/ERC shall be final. Please contact me at (909) 384-5057 if you have any questions or concerns regarding the approval of DPII No. 03-24. Sinc ely, 1 Ben Steckler, Associate Planner Enc. Conditions of Approval Cc: George Marquez, GMID CONDITIONS OF APPROVAL DPII No. 03-24 East Valley Water District 1. This approval is for construction of a new East Valley Water District Administration and Operations facility including: • a 24,850 square foot administration building; • a 6,262 square foot field operations building; • 32,807 square feet of support structures; • a vehicle fueling area; and • a vehicle washing area. The business hours of operation for this facility will be 7:00 AM to 5:00 PM. It is understood that the maintenance and operations activities may occur on a twenty-four hour a day/365-day a year basis. The project site is located on the south side of Highland approximately 570 feet west of Central Avenue across from the Patton State Hospital. 2. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/ approval shall become null and void. However, approval of this application does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements. Expiration Date: July 22, 2006 3. The review authority may grant a one-time extension not to exceed 12 months. The applicant must file an application, the processing fees, and all required submittal items, 30 days prior to the expiration date. The review authority shall ensure that the project complies with all current Development Code provisions. 4. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (City), the Economic Development Agency (EDA), any departments, agencies, divisions, Condidons of Approval DPH No. 03-24 boards or commissions of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City and the Economic Development Agency any costs and attorney's fees which the City or the Economic Development Agency may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this section. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorney's fees for the purpose of this condition. As part of the consideration for issuing tlus permit or approval, this condition shall remain in effect if this Permit is rescinded or revoked, whether or not at the request of the applicant. 5. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/ site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; C. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 6. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy may be issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Public Works Division prior to issuance of the Certificate, is necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance imposed on the intended use by this permit. Page 2 of 5 Conditions of Approval DPII No. 03-24 7. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20- Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. Barbed wire, razor wire, and/or concertina wire are not permitted anywhere on-site. 9. A wrought iron fence may be installed around the perimeter of the project. Where this fence abuts Highland Avenue it shall be setback 10' from property line and the land north of the fence shall be placed in a landscape maintenance district. 10. The 8'-0" solid wall (indicated as item #5 on site notes) shall be finished to match the structure. 11. Signs are not approved as a part of this permit. Prior to establishing any signs, the applicant shall submit an application, and receive approval for a sign permit from the Planning Division. All signage on the site shall be consistent with the provisions of the Development Code. 12. No painted window signs, roof signs, permanent sale or come-on signs will be permitted at this site. 13. Signs/ banners may not be placed on or over the roof or within landscaped areas. Banners and other signs for special events (i.e., grand opening) will require a Temporary Sign Permit to be approved by the Planning Division prior to installation/ hanging. Signs and banners may not encroach into the public right-of-way. 14. The landscape plan shall include one 24" box tree for every four parking spaces (employee and customer), consistent with the requirements of Section 19.24.060(6)(B) and Chapter 19.28 of the Development Code. Page 3 of 5 Conditions of Approval DPII No. 03-24 15. The applicant shall post a bond in an amount equivalent to the cost of landscaping including landscape installation and one year of maintenance service. The purpose of the bond is to ensure that all landscaping survives the planting process and last for a period of at least one-year. The bond will be released no sooner than one-year after issuance of the Final Certificate of Occupancy and only after such time as the survival of the landscaping has been verified by City staff. 16. If public pay phones are located on the site, they shall be located inside the building and fixed for outgoing calls only. 17. If vending machines (snacks, sodas, etc.) are located on the site, they shall be located inside the building. 18. All vandalism and graffiti must be removed within 24 hours of its occurrence. The management shall take photographs of the graffiti and provide them to the Police Department before removing the graffiti. 19. If the color of the building or other exterior finish materials are to be modified, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 20. Any equipment, whether on the roof, side of structure, or ground shall be screened as per Development Code requirements. 21. The following standards for lighting and address markings are applicable: a) The address number of the building shall be located and displayed so that it shall be easily visible from the street. The numerals in these numbers shall be no less than six (6) inches in height and be of a color contrasting to the background. In addition, any business that affords vehicular access to the rear through any driveway, alleyway, or parking lot shall also display the same numbers on the rear of the building. b) Roof top address numbers shall be provided. They shall be a minimum of three (3) feet high and two (2) feet in width and of contrasting color to the background. Numbers shall be placed parallel to the street address as assigned. Each building within a commercial complex shall have its own address/ assigned number affixed to the roof. 22. Music/ operational noise may not be audible at the property boundaries. Page 4 of 5 Conditions of Approval DPII No. 03-24 23. All exterior lighting shall be energy efficient with the ability to lower or reduce usage when the store is closed. Signage may be required to be turned off when the business is closed. 24. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval and Standard Requirements issued with the Development Review Committee approval. 25. The project is subject to all applicable Mitigation Measures contained in the Mitigation Monitoring/ Reporting Program (Attachment A). 26. Construction -related activities may not occur between the hours of 8 PM and 7 AM. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7 AM or leave the site after 8 PM. Construction activities may only occur Monday through Saturday. (Note - you may allow on Sunday, depending on the location of the project.) 27. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: • Development Services Department - Public Works Division (under separate cover) • Fire Department Page 5 of 5 CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case: p Date: -7.243 Reviewed By: P.1 REQUIREMENTS: Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan check. ntact the City of San Bernardino Fire Department at (909) 384.5585 for specific detailed requirements. The developer shall provide for adequate fire flow. Minimum fire flow requirements shall be based on square footage, construction features, and exposure information supplied by the developer and must be available prior to placing combustible materials on site. WATER PURVEYOR FOR FIRE PROTECTION: F1 The fire protection water service for the area of this project is provided by. ❑/San Bernardino Municipal Water Department—Engineering (909) 384-5391 ffK Easl Valley Water District—Engineering (909) 888.8986 " ❑ Other Water purveyor. Phone: PUBLIC FIRE PROTECTION FACILITIES: [i;' Public fire hydrants are required along streets at intervals not to exceed 300 feel for commercial and muhi-residential areas and at intervals not to exceed 500 feet for residential areas. Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi -residential areas. Minimum fire hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residential areas. [Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Department in conjunction with the water purveyor. Fire hydrant materials and installation shall conform to the standards and specifications of the water purveyor. ©/%ublic fire hydrants, fire services, and public water facilities necessary to meet Fire Department requirements are the developer's financial responsibility and shall be installed by the water purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional Information. ACCESS: ❑ Provide two separate, dedicated routes of Ingress/egress to the property entrance. The routes shall be paved, all weather. ❑ Provide an access road to each b0ding for fire apparatus. Access roadway shall have an all-weather driving surface of not less than 20 feet of unob- structed width. ❑ Extend roadway to within 150 feet of all portions of the exterior wall of all single story buildings. ❑ Extend roadway to within 50 feet of cite e:nerlor wall of all multiple -story buildings. ❑ Provide "NO PARKING" signs whenever parking of vehicles would possible reduce the clearance of access roadways to less than the required width. Signs are to read `FIRE LANE --NO PARKING--M.C. Sec. ❑ Dead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround. ❑ The names of any new streets (public or private) shall be submitted to the Fire Department for approval. SITE: ❑ All access roads and streets are to lye cwnotrucmd and usable prior to combustible construction. T/Prtvate fire hydrants shall be installed to protect each building located more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any exterior wall. The hydrants shall be Wat Barrel type, with one 211A inch and 4 inch outlet, and approved by the Fire Department. Areas adjacent to fire hydrants shall be designated as a "NO PARKING" zone by painting an 8 Inch wide, red stripe for 15 feet in each direction in front of the hydrant in such a manner that 0 will not be blocked by padaad vehicles. Lettering to be in white 6' by W. BUIL DINGS: V Address numerals shall be Installed oe the b,iilding at the front or other approved location in such a manner as to be visible from the frontage street. Com- mercial and multi family address numeral-; she!( be 6 inches tall, single family address numerals shall be 4 inches tall. The color of the numerals shall con- trast with the color of the background. ❑ ntify each gas and electric mater with I, :e nu•.T,bar Of the unit it serves. Fire extinguishers must be ;nstaliad prior tc the buildin(1 being occupied. The minimum rating for any fire extinguisher is 2A 10B/C. Minimum distribution of fire extinguishers must be such that no interior part of the building is over 75 feet travel d:srence from a fire extinguisher. ❑ Apartment houses with 16 or more unfis, hotels (;Hotels) with 20 or more units, or apartmsms or hotels (motels) three stories or more in height shall be �8quipped with automatic fire spdii:dera dssigre 3 t ='SFPA .standards. B" All buildings, over 5,000 square feat, shall lw rt!u,pn-d with an automatic fire sprLiker system designed to NFPA standards. This includes existing buildings scant met 365 [lays. j� Submit plans for the fire protection system to the His Department prior tc beginning construction of the system. Permit required. ❑ Tenant Improvements in all splfiKlsied balldings are to !,s approved by the Fire Department priur to start of constriction. Permit required. ❑ provide fire alarm (required th.ougioO). K'!ans :Hu^? :.; eoprcved by the Fire Department prior to ,tart of installation. Permit required. ER' Fire Department connecher t4 sr.-r.rkle, system, snail be required at Fire Department approved location. Fire Code Permit required, apply at 2•r,(j east ;u, street, 1.909) 384-5388. ire Sprinkler monitoring raquire3. Pian:. Inc:? ba a:cr; vvl t,y the Fire Department prior to the start of construction. Permit required. ❑ Occupant Load. Note: The applicant must P.,L) ;`!:a Department requirements. ADDITIONAL INFORMATION.�P W 1 D �� Ln nr—Q-nkD/1LJ1_.J_.E_._-fiLL�_ kV �P.CT✓j Sl C1/5 lvv- 'TN (/(/J7s�F/1r��Uf✓O /_tZP Vt/L/Cl✓ .S /Ifynl 7(o FPO 170 (0.i 031 ATTACHMENT A EAST VALLEY WATER DISTRICT MITIGATION MONTTORING/REPORTING PROGRAM This Mitigation Monitoring and Reporting Program has been prepared to implement the mitigation measures outlined in the Mitigated Negative Declaration for the East Valley Water District Administration and Operations Facility. This program has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and City of San Bernardino CEQA Guidelines. CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The Mitigation Monitoring and Reporting Program contains the following elements: 1. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. The program lists the mitigation measures contained within the Initial Study. 2. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other data relevant will be retained by the City of San Bernardino. 4. The program is designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. The individual measures and accompanying monitoring/reporting actions follow. They are numbered in the same sequence as presented in the Mitigated Negative Declaration. Mitigation Monitoring and Reporting Program East Valley Water District Development Permit II No. 03-24 Page 2 MITIGATION MEASURES III AIR QUALTTY AQ -1 The project shall comply with the requirements of the SCAQMD Rules 402 and 403, fugitive dust, which requires the implementation of Reasonable Available Control Measures (RACM) for all fugitive dust sources, and the Air Quality Management Plan (AMCP), which identifies Best Available Control Measures (BACM) and Best Available Control Technologies (BACT) for area sources and point sources, respectively. AQ -2 1. The project proponent shall ensure that construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. The project proponent shall ensure that existing power sources are utilized where feasible via temporary power poles to avoid on-site power generation. 3. The project proponent shall ensure that construction personnel be informed of ride sharing and transit opportunities. 4. The project proponent shall ensure that any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 5. The project proponent shall ensure that watering of the site or other soil stabilization method shall be employed on an on-going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each workday. 6. The project proponent shall ensure that all disturbed areas are treated to prevent erosion until the site is constructed upon. 7. The project proponent shall ensure that landscaped areas are installed as soon as possible to reduce the potential for wind erosion. 8. The project proponent shall ensure that SCAQMD Rule 403 is adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 9. The project proponent shall ensure that all grading activities are suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 10. All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. Mitigation Monitoring and Reporting Program East Valley Water District Development Permit lI No. 03-24 Page 3 AQ -3 To reduce emissions all equipment used in grading and construction must be timed and maintained to the manufacturers specification to maximize burning of vehicle fuel. IMPLEMENTATION AND VERIFICATION Public Works and Planning staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed prior to building permit issuance, during the construction activities, and/or issuance of a certificate of occupancy as applicable to the individual mitigation measures. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Mitigation Monitoring and Reporting Program East Valley Water District Development Permit H No. 03-24 Page 4 VI GEOLOGY & SOILS GS -1 The project proponent shall, prior to the issuance of grading permit, receive approval of an erosion control plan and PM10 plan from the Public Works Division of the Development Services Department. GS -2 The project proponent shall, prior to the issuance of a grading permit, prepare and submit for review and approval by the Development Services Department a detailed grading plan for the project site. The plan shall be prepared in conformance to the applicable standards and requirements of the City of San Bernardino Grading Ordinance and the Uniform Building Code. GS -3 An erosion control plan shall be prepared and implemented for the proposed project that identifies specific erosion control measures to control on-site and off- site erosion from the time of ground disturbing activities are initiated through grading completions. This erosion control plan shall include the following measures at a minimum. a. Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California. b. An inspection and maintenance program shall be included to insure that any erosion, which does occur either on-site or off-site as a result of this project, will be corrected through a remediation or restoration program within a specified time frame. GS4 All graded areas shall be protected from wind and water erosion through acceptable slope stabilization planting, walls, or netting. Interim erosion control plans shall be required, certified by the project engineer, and reviewed and approved by the Development Services Department. GS -5 For adequate support of all proposed structures, the design of footings and foundations shall be in accordance with the regulations and recommendations as required by the state of California in the California Building Code (CBC) and the geotechnical investigation recommendations. IMPLEMENTATION AND VERIFICATION Public Works and Planning staff shall review this development project. Mitigation Monitoring and Reporting Program East Valley Water District Development Permit II No. 03-24 Page 5 COMPLIANCE RECORD When Required: The verification shall be completed prior to building permit issuance, during the construction activities, and/or issuance of a certificate of occupancy as applicable to the individual mitigation measures. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Mitigation Monitoring and Reporting Program East Valley Water District Development Permit II No. 03-24 Page 6 VII HAZARDS & HAZARDOUS MATERIALS Although the site is not on the State Hazardous Waste and Substances Sites List and is not anticipated to have any potentially significant impacts from hazardous material use, storage, and transportation the following mitigation measures are to be implemented in order to ensure that there will continue to be no impacts throughout the course of development.. H-1 Any hazardous waste/ materials encountered during the construction shall be remediated in accordance with local, state, and federal regulations. Prior to initiating any construction activities, an environmental assessment shall be conducted to determine if a release of hazardous wastes/ substances exists at the site. H-2 If during construction of the project, soil and/or groundwater contamination is suspected, construction in the area shall cease and appropriate Health and Safety procedures shall be implemented. If it is determined that contaminated soil and/or groundwater testing is needed, and/or remediation will be conducted, the contractor or site superintendent shall contact the appropriate government agency/ agencies to provide appropriate regulatory oversight. IMPLEMENTATION AND VERIFICATION Public Works and Planning staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed prior to building permit issuance, during the construction activities, and/or issuance of a certificate of occupancy as applicable to the individual mitigation measures. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Mitigation Monitoring and Reporting Program East Valley Water District Development Permit H No. 03-24 Page 7 VIII HYDROLOGY & WATER QUALITY HW -1 Prior to the issuance of a grading permit, a site-specific drainage study that meets the standards of the City of San Bernardino Public Works division will be prepared by a Civil Engineer registered in the State of California. All recommendations from this analysis, including facilities necessary to mitigate drainage impacts, maximize percolation and groundwater recharge to the extent feasible shall be incorporated in all grading and site improvement plans. HW -2 The applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 1 acre or more of land. HW -3 Prior to the issuance of a grading permit, the applicant shall submit a Storm Water Pollution and Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMP'S) that will be used on site to reduce the pollutants into the storm drain system to the maximum extent practicable. HW -4 The plans for landscaping shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Areas landscaped shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. HW -5 Nuisance water and first flush run-off shall be captured on-site and treated to remove pollutants and sediments in accordance with the NPDES requirements before release from the site. City policy prohibits the construction of a retention basin. Adequate provision must be made to drain the site. An encroachment permit from the San Bernardino County Flood Control District must be obtained if a direct connection is made to the Santa Ana River. Additional permits from the Army Corps of Engineers (1603) and California Department of Fish and Game (404) might also be required. IMPLEMENTATION AND VERIFICATION Public Works and Planning staff shall review this development project. COMPLIANCE RECORD Mitigation Monitoring and Reporting Program East Valley Water District Development Permit II No. 03-24 Page S When Required: The verification shall be completed prior to building permit issuance, during the construction activities, and/or issuance of a certificate of occupancy as applicable to the individual mitigation measures. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Mitigation Monitoring and Reporting Program East Valley Water District Development Permit II No. 03-24 Page 9 XI NOISE N-1 Construction -related activities may not occur between the hours of 8 PM and 7 AM. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7 AM or leave the site after 8 PM. Construction activities may only occur Monday through Saturday, and is not permitted on state or federal holidays either. N-2 All construction vehicles and fleet vehicles shall have mufflers and be maintained in good operating order at all time. N-3 All trucks waiting to be loaded or unloaded with construction material shall not be left to idle for more than 10 minutes. N-4 Concrete crushing, rock crushing, and/or blasting on the project site shall be prohibited. IMPLEMENTATION AND VERIFICATION Public Works and Planning staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed prior to building permit issuance, during the construction activities, and/or issuance of a certificate of occupancy as applicable to the individual mitigation measures. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Mitigation Monitoring and Reporting Program East Valley Water District Development Permit II No. 03-24 Page 10 XV TRANSPORTATION/TRAFFIC TT -1 The project applicant shall contribute a fair share contribution to upgrade the existing traffic signal at the intersection of Patton State Hospital and Highland Avenue. The amount of the contribution shall be determined by the City Engineer. IMPLEMENTATION AND VERIFICATION Public Works and Planning staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed prior to building permit issuance, during the construction activities, and/or issuance of a certificate of occupancy as applicable to the individual mitigation measures. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: MARK UFFER Interim County Administrative Offieer COUNTY OF SAN BERNARDINO Clerk of the Board of Supervisors County Government Center 385 North Arrowhead Avenue, Second Floor San Bernardino, CA 92415-0130 (909) 889-0200 Fax (909) 387-4554 . June 25, 2004 BOARD OF SUPERVISORS Bill Posonus.................................... First District Paul Biane..................................... SecondDirtrict Dennis Hansberger .......................... Third District Patti Aguiar ................................... Forvth District Clifford Young..................................Fifth District 1. RENEE BASTIAN Clerk of the Board of Supervisors 2004 CONFLICT OF INTEREST CODE BIENNIAL NOTICE Dear Sir or Madam: The Political Reform Act requires every local goventrnental agency to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the code must be amended. Once the determination has been made, a notice must be submitted to the code reviewing body no later than October 1, 2004. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is solely within the county. To assist you in determining if your Conflict of Interest Code should be amended you will find enclosed the Biennial Notice, Biennial Notice Worksheet, Designated Positions Fact Sheet and Consultant Fact Sheet. The Fair Political Practices Commission (FPPC) can also help you in determining if an amendment is necessary. FPPC representatives can be contacted at (866) ASK-FPPC. After reviewing your Conflict of Interest Code, please return the enclosed 2004 Local Agency Biennial Notice to the address on the bottom of the form. The notice is not sent to the FPPC. If amendments to your conflict of interest code are necessary, the amended code must be forwarded to the Board of Supervisors for approval within 90 days of the filing of your Biennial Notice. For example, if an agency files its notice on October 1, 2004, indicating an amendment is necessary, the amendment must be submitted to the Board of Supervisors by December 29, 2004. An agency's amended code is not effective until the Board of Supervisors has approved it. If you have any questions please contact Doug Mayclin at (909) 387-3816. Sincerely, Dene Bastian Berk of the Board JRB:dm Enclosures 2004 Local Biennial Notice Name of Agency: Mailing Address: Contact Persorl Office Phone No: E-mail: Fax No: This agency has reviewed its conflict-of-interest code and has determined that: ❑ An amendment is required. The following amendments are necessary: (Check all that apply) Fj Include new positions (including consultants) that must be designated Delete positions that manage public investments from the list of designated positions Revise disclosure categories Revise the titles of existing positions Delete titles of positions that have been abolished Other (describe) ❑ No amendment is required. The agency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income which may foreseeably be affected materially by the decisions made by those holding the designated positions; and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Date Complete this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2004 to: Clerk of the Board of Supervisors 385 North Arrowhead Avenue, Second Floor San Bernardino, CA 92415-0130 Fair Political Practices Commission (666) ASK-FPPClwww.fppc.ca.gov Biennial Notice Locals • June 2004 Biennial Notice Worksheet The following checklist may assist in the review of an agency's conflict-of-interest code. This is only a guide and is not intended to be an exclusive list of issues that may need review. Does the code contain the following three basic components: Language that incorporates FPPC Reg. 18730 or contains the basic provisions required in Government Code section 87302 A list of designated positions whose duties include making or participating in making governmental decisions Disclosure categories specifying financial interests (investments, interests in real property, income, and business positions) that filers in designated positions must disclose Review the agency's organization chart and duty statements Do positions need to be added or deleted? Is there a need to reclassify disclosure for any positions? Are consultants designated? d Do any officials/consultants manage public investments? d Amendments needed? Use underline and strikeout to illustrate changes. t 1. Maintenance Superintendent ................................... 2 2. Maintenance Sutiervisor .......................................... 2 3. Senior Equipment Technician ................ ................. 3 4. Equipment Serniees Tee'-'-'--...... 3 ........................ • The Public Works Office became the Maintenance Division. • The Asst. Maintenance Superintendent was reclassified to Maintenance Supervisor. • The Equipment Services Technician is a manual position and was deleted_ Other Documentation A review of joint powers agreements, minutes and annual reports may assist in determining whether designated positions and their respective disclosure categories are accurately reflected. Notification I If amendments are needed, notify employees and the public. Fair Political Practices Commission (866) ASK-FPPC/www.fppc.ca.gov Biennial Notice Mailing - June 2004 How to Determine Who. Should be Designated In 'a Conflict of fnterest Code" Determining Who Makes or Participates in the Making of Governmental Decisions: Who is a Designated Employee? Who Should Not be Designated? Checking Duty Statement and Job Description: Making govemmental decision, means the person: (1) Votes on a matter; (2) Appoints a person; (3) Obligates or commits his or her agency to any course of action; or (4) Enters into any contractual agreement on behalf of his or her agency. participating in the making of a decision, means the person: (1) Negotiates, without significant substantive review, with a governmental entity or private person regarding the decision; or (2) Advises or makes recommendations to the decision -maker by conducting research or an investigation, preparing or presenting a report, analysis or opinion which requires the exercise of judgment on the part of the employee and the employee is attempting to influence the decision. A designated employee is an officer, employee, member or consultant of an agency whose position is designated in the code because the position entails the making or participation In the making of governmental decisions which may foreseeably have a material effect on any financial interest. (Government Code Section 82019.) To determine who should be designated 1n the code, you need to know who within the agency makes or participates in the making of.governmental decisions. (FPPC Regulation 2 Cal. Code of Regs. Section 18701.18702.4.) The term `designated employee" does not include: Public officials specified in Government Code Section 87200 • board of supervisors • mayors • chief administrative officers - city managers • district attorneys • city attorneys • county counsels • city treasurers • county treasurers • other city, county and local agency public • planning commissioners officials who manage public investments • city councilmembers • Solely clerical, ministerial or manual positions Members of boards or commissions which are solely advisory and do not make substantive recommendations You can determine who should be designated in the code by first eliminating those positions outlined above that are not designated employees. Next, evaluate the remaining employees, members, officers or consultants of your agency. Top level management personnel are normally broad policy makers and should be designated. Look at each position to determine if it makes or participates in the making of governmental decisions. One way to accomplish this is by reviewing duty statements or job descriptions. 'This fact sheet should not be used to detemtine whether your agency is required'to,adopt 6 conflict of interest code. Contact the FPPC for assistance in making. that determination. . Fair Political Practices Commission 428 J Street, Ste. 620, Sacramento, CA 95815 (866) ASK-FPPCNMW.fppc.ca.cov CFS1 - June 2002 Consultants in a Conflict of Interest Code Who is a Consultant? The Political Reform Act (Gov. Code Sections 81000-91015) provides that "no public Fair Political Practices Commission 428 J St., Ste. 620, Sacramento, CA 95814 866/ASK.FPPC/www.fppc.'ca.gov CIFS — December 2001 official at any level of state or local government shall make, participate in making, or in. anyway attempt to use his official position to Influence a governmental decision in which he knows or has reason to know he has a financial interest" (Section 87100.) In addition, the Act requires every public official to disclose those economic interests that could foreseeably be affected by the exercise of his or her duties. (Sections 87200-87313.) The term "public official" includes consultants: "Public official at any level of state or local government means a member, officer, employee, or consultant of a state or local government agency.. (Gov. Code Section 82048.) Regulation 18701(a)(2) defines "consultant" as an individual who, pursuant to a . contract with a state or local government agency: (A) Makes a governmental decision whether to: (i) Approve a rate, rule, or regulation; (ii) Adopt or enforce a law; (iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval; (v) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the - agency, or for any subdivision thereof; -OR- (B) Serves In a staff capacity with the agency and in that capacity participates in. making a governmental decision (Regulation 18702.2) or performs the same or substantially all the same duties for the agency that would otherwise be . performed by an individual holding a position specified in the agency's Conflict of Interest Code. Consultants are It is not the business or firm providing services to your agency that is considered the ' Individuals consultant. The individual(s) working for the firm who provide the services are considered the consultants. These individuals must file statements of economic interests based on their personal financial interests and are subject to disqualification and other laws affecting public officials. Serving in a Staff The regulation includes only those individuals who either "participate in making" Capacity governmental decisions or are performing substantially all the same tasks that normally would be performed by staff members of a governmental entity. In most. cases, individuals who work on just one project or a limited range of projects for an agency are not considered to be working in a "staff capacity." The length of the individual's service to the agency is relevant.. (Memorandum to the Commission dated March 28, 1994.) For example, suppose an individual contracted with a city to study noise at a specified intersection. If the individual took the noise measurements in one day, and issued a report to the planning commission before its next meeting, the individual normally would not be serving in a staff capacity. If, however, a firm's Fair Political Practices Commission 428 J St., Ste. 620, Sacramento, CA 95814 866/ASK.FPPC/www.fppc.'ca.gov CIFS — December 2001 Consultants contract provided that it would provide all plan checking services for a city for five years, it is much more likely that individuals performing these services would be in a quasi -staff capacity: An Individual who makes a governmental decision listed above or serves in staff capacitywith the agency is considered a public official who must file a' statement of economic interests. This applies even if an agency fails to properly designate a consultant in a conflict of interest code because the disqualification provisions of the Political Reform Act operate as soon as an Individual becomes a public official. The individual is subject to the Act's gift limits and conflict of interest provisions. Examples An attorney hired to perform ongoing legal services for an agency would usually be considered a consultant. Attorneys generally have broad powers to affect decisions which could foreseeably and materially affect their financial Interests. These powers include the authority to represent and bind the agency to a course of action in litigation and contract matters. Attorneys often make governmental decisions listed in Regulation 18701(a)(2)(A) and/or serve in a staff capacity with the agency. However, an attorney hired to work on one discrete litigation matter, who was not making any governmental decisions listed above, would not be considered to be working In a "staff capacity'. and, therefore, would not be a consultant. (Memorandum to the Commission, March 28, 1994.) An investment firm provides consulting services to a county employee's retirement association. Pursuant to a contract, employees of the investment firm attend all board meetings and subcommittee meetings where investment issues are discussed. Employees of the investment firm are required to perfomi other services and provide reports on investment issues as requested by the retirement board or staff. Because the employees of the investment advisor serve on an ongoing basis as staff for the retirement board, and in that capacity participate in the making of all, investment decisions, they are.considered consultants under the Act. (Randolph Advice Letter, No. 1-95-045.) Individual members of a consulting firm who prepare an EIS/EIR report for the Sacramento Regional Transit District's ("RT') Folsom. light rail extension are consultants and should be designated In a conflict of interest code. RT hires environmental consultants on an as -needed basis to prepare extensive or technical environmental studies which cannot be completed by its staff. RT hires environmental consultants for each project. The consulting firm will be under contract with RT to provide environmental services. for three projects extending over at least three years. The consultant conducts research and makes investigations that require exercise of its expertise and judgment, and prepares the report. The consultant's role also encompasses recommending to RT's board of directors approval of agreements and permits it negotiates and approval of the environmental report. Although the RT board reviews the report and related documents, because of the technical nature of the study, the consultant's conclusions and recommendations are accepted without significant intervening substantive review. In addition, members of the consulting firm have authority to negotiate contracts and recommend RT's approval without significant independent review by RT. (Patterson Advice Letter, No. A-97-570.) The Commission realizes that not all consultants participate in making decisions on behalf of public agencies. Rather than amend your code each time you retain a consultant who is in a decision-making capacity, you may use a specialized disclosure category which provides that the disclosure required of consultants shall be determined on a case-by-case basis by the chief executive officer. The chief executive officer may make a determination as to what disclosure, if any, is required by any particular consultant. Consultants This consultant disclosure category should be part of the code. You should add the position 'consultant" as a designated position in the appendix of the code with a footnote as shown in the following example: Consultant' `Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The (executive director or executive off7cer) may determine in writing that a particular consultant, although a `designated position,'Is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The (executive director's or executive officer's) determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. gThis fact sheet highlights provisions of the Act concerning consultants. You should not rely on the fact sheet alone to ensure compliance with the Act. If you have any questions, consult the Act and regulations or contact the Fair Political Practices Commission at (916) 322.5660, or toil -free at (866) 275-3772. The Political Reform Act, regulations, fact sheets, and other important information are available on the Commission's website, www.fppc.ca.gov. j�. CONFLICT OF IN'T'EREST AND DISCLOSURE CODE Exhibit "B" Designated Positions Disclosure Categories Director 1, 2, 3 Candidates for Director 1, 2, 3 General Manager 1, 2, 3 District Engineer 1, 2, 3 Assistant District Engineer 1, 2, 3 Controller / Chief Financial Officer 1, 2, 3 Administrative Assistant 4 Water Service Superintendent 4 Water Production Supervisor 4 Consultant* 5 LOCAL AGENCY FORMATION COMMISSION COUNTY OF SAN BERNARDINO REE OVER 175 West Fifth Street, Second Floor AUG 13 2004 San Bernardino, CA 92415-0490 • (909) 387-5866 • Fax (909) 387-59avalley Watef oistnct E-mail: lafto@lafco.sbcounty.gov www.sbclafoo.org DATE: AUGUST 12, 2004 FROM: KATHLEEN ROLLINGS-McDONALD, Executive Officer TO: ALL INDEPENDENT SPECIAL DISTRICTS IN SAN BERNARDINO COUNTY SUBJECT: SPECIAL DISTRICTS ELECTION FOR REGULAR LAFCO MEMBER This memorandum will provide notification that the balloting for the regular Special District Member of the Local Agency Formation Commission concluded on August 10th and did not result in a selection. The final tally of the votes cast is as follows: Gerald Smith 19 votes Kimberly Cox 17 votes Bruce Field 4 votes Therefore, a run-off election between Mr. Gerald Smith and Ms. Kimberly Cox shall commence August 13, 2004 and close September 13, 2004 pursuant to the provision of Government Code Section 56332.. The voting instructions for this selection are as follows: Each District is to vote for one candidate only. The vote shall be cast as directed by the Board of Directors of the District through consideration at a Board Hearing and roll call vote. 2. The original signed ballot must be received in the LAFCO Office by 5:00 p.m. on September 13, 2004. If a faxed copy of the ballot is provided, the original document must be received by the September 13th deadline or the ballot will be declared invalid. 3. With the dissolution of the Barstow Recreation and Park District effective July 1, 2004, there are now fifty-three (53) Independent SECOND MAILED BALLOT LAFCO SPECIAL DISTRICT MEMBER AUGUST 12, 2004 Special Districts. Pursuant to the provisions of Government Code Section 56332, a quorum of the Special District Selection Committee is twenty-seven (27) votes. Once this cumulative vote threshold has been met, the candidate with the highest number of votes shall be selected as the regular Special District Member. The completed ballot is to be mailed to: Kathleen Rollings-McDonald, Executive Officer Local Agency Formation Commission 175 West Fifth Street, 2nd Floor San Bernardino, CA 92415-0490 Please let me know if you have any questions or concerns regarding this selection procedure. You may contact me at the address listed above, by e- mail at lafco@lafco.sbcounty.gov, or by phone at (909) 387-5866. Sincerely, JHLE OLLINGS-MCDONALD Executive Officer Attachment 2 BALLOT REGULAR SPECIAL DISTRICT MEMBER LOCAL AGENCY FORMATION COMMISSION The hereby votes for the marked candidate as indicated below. Kimberly Cox (member of the Board of Directors of the Mojave Water Agency) Gerald Smith (Incumbent -- member of the Board of Directors of the Baldy Mesa Water District) I, , do hereby certify that at its regularly scheduled meeting of the Board of Directors voted to elect the above -marked candidate as the Regular Special District Member of the Local Agency Formation Commission of San Bernardino County, by the following vote: AYES: NOES: ABSENT: ABSTAIN: District President/Authorized Board Member Dated: D EC E,0Wa AUG 16 2694 Vii= Candidate Statement for John Fox EAST VAUE:v WATER D4a Rif'T I believe strongly in the role Special Districts play as the third leg of local government in serving the needs and interests of the citizens of California. I believe CSDA plays an important part in promoting and communicating Special Districts interest and serving their needs in a variety of ways. CSDA is unique as the only statewide association which represents all types and sizes in the Capitol and through its Chapter network across the state. Related Experience CSDA 12 1/2 year member Board of Directors, Executive Board, Secretary, Treasurer, Chair of all committees except legislative; currently Membership Chair dealing with recruitment, retention and Chapter development, Finance Corp Board and Fiscal committee. Santa Barbara Chapter: Founding director; currently serving 4th term as President Other: Goleta Sanitary District Director, 30 yrs., currently Board President Santa Barbara County IAFCO: voting member Education and Business Experience: University of Massachusetts and Harvard Business School. Teacher and Adjunct Professor in Business at UCSB and Santa Barbara City College. Raytheon company's West Coast Contract manager. Consultant and Entrepreneur. U.S. Air Force: Served as R&D contracting officer and cost analyst. 2 yrs active and 8 yrs. reserves, Honorably discharged with rank of Captain. During my 12+ years on the Board I have seen it grow dramatically. As CSDA matures, its basic services need to be expanded and its membership and financial base needs to grow as it becomes a full partner with the Cities and Counties. I am seeking your support to allow me to continue to utilize my background and experience, particularly in the membership/chapter area and the Finance Corporation. If re-elected, I will devote whatever time is necessary to work on your behalf to enthusiastically provide leadership as part of the Board team growing CSDA to even greater heights. Candidate Statement for David Voigt I seek your support to represent you, Region 5, on the CSDA Board of Directors. As your representative, 1 will bring my past experience and expertise to bear on the Board to further our goals for CSDA. I am currently serving in my third term as a Director on the Chino Valley Independent Fire District that represents a constituency of over 150,000. 1 have served in that capacity as President of the Board for four terms and Vice -President for four terms. With the cooperation of the other Board members and staff, we have been able to routinely increase our service levels while maintaining a balanced budget throughout my tenure. I am currently serving as a Director on the Fire Districts Association of California and on the San Bernardino County Special Districts Association. I have served as Chairman of the Chino Valley Public Agencies Cooperative, Planning, Finance and Personnel Committees and District representative to the County's LAFCO. Prior to retiring from the Air Force as a combat command pilot in 1988, 1 served as the Base Commander of Norton AFB, again managing the mission, base military and civilian population of over 13,000, and a multi-million dollar budget. During today's time of critical fiscal decisions within the State, we cannot be caught waiting—we must be proactive to maintain the viability of Special Districts and local government. I pledge to you that I will represent all members of Region 5 with the highest commitment and integrity while preserving our preeminent place in local government to represent our constituency with hands-on government. Your needs are my needs. It would be an honor to represent you and I hope I can count on you for your vote for me—David Voigt—to represent you and Region 5 on the CSDA Board of Directors. ,john X To.� CSDA (Director (P.O. tl'oX253 Cofeta, CA 93116 August 11, 11004 Dear District Directors & General Manager, (SLC �E9Mr(P AUG 16 2i�1 i� , EAST VAL;.F , WATER DIS' Mi:" The purpose of this letter is to ask for your District's vote towards re-electing me to another three year tem, as one of the three CSDA Directors from your area. A ballot will be mailed to your District within the next week and must be returned as directed by September 23"', I would like to share with you some of my feelings regarding Special Districts and CSDA and some of the activities I have taken part in since I was first elected to the Goleta Sanitary District Board twenty nine years ago this fall. I believe strongly in the role Special Districts play as the third leg of local government in serving the needs and interests of the citizens of California. I also believe CSDA plays an important part in promoting and articulating the positions of Special Districts on a wide variety of issues. CSDA also provides wi ever increasing number of services in the education and financial fields. CSDA functions as the only statewide association representing all types and sizes of Districts in the Capitol and through its Chapter network across the State. During my twelve and one half years of service on the CSDA Board, i have seen the association grow dramatically and gain leadership among its peers and respect from the members of the legislature. As CSDA matures, its basic services need to be expanded and its financial and membership base needs to grow as it becomes a full partner with Cities and Counties. I am seeking your support to allow me to continue to utilize my background, experience, expertise, and historical perspectives, particularly in the Membership/Chapter area and the Finance Corporation. If rr clected, I will devote whatever time is necessary to work on your behalf to enthusiastically provide leadership as part of the "Board Team" in growing CSDA to even greater heights. If you have questions or comments please feel free to call me at (805) 967-9071 or (805) 895- 4993 (cell) or send me an e-mail to FXYJQN �AQG C M. Sincerely, r,, . _ ` ;1 John R. Fox F'IV1,.-1J-LbbY YJ1 C�7 n�. RESUME Re: CSDA Board Candidacy John R. Fox Related Experience: CSDA Member, Board of Directors for twehe and one half years. 'During that time 1 have served as Secretary, Treasurer, Chair of many standing and ad-hoc committees, including Membership, Education, Finance, Convention, and Awards. 1 currently chair the Membership Committee dealing with recruitment, retention, chapter development, and efforts to foster closer coordination between the Chapters and CSDA. CSDA FINANCE CORPORATION I have served as Board Member, Vice President and President. SANTA BARBARA CH,APTE I served as Founding Director, Treasurer, Vice President; Currently serving 4'h term as President. QUM Director, Goleta Sanitary District, 29 years. Currently Board President. Santa Barbara LAFCO: Voting Member for Special Districts Member, Santa Barbara County dousing Element Steering Committee Member Must be received by 5pm, September 23, 2004 CSDA, 1215 K Street, Suite 930, Sacramento, CA 95814 CSDA BOARD OF DIRECTORS .�� ' ELECTION 2004 ALL FIELDS MUST BE C047PLETED FOR BALLOT TO BE COUNTED. (Please vote for one.) REGION FIVE ❑ John Fox' rotate Sanitary District • ❑ David Volgt Chino Valley Independent Fire District Seat B - term • Incumbent ends 2007 Member Must be received by 5pm, September 23, 2004 CSDA, 1215 K Street, Suite 930, Sacramento, CA 95814 J Fa - O F U w3 J O —0-1 o = K , Z W O W �a a, a -- w a N 0 N W m P a Na 3 a Y {L O ZLu a3a =0 N U. J O U w J = m >Y W ~a w > J �- LLL Q Q Z Y W J W a Z Q 3 U N z w F to wW J W ?� N o N N W _ N _ " a X LLL. 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LO h (0 04 V' co00 O T T O a Z Q W LL2<2 U Q d Q w} »<00Z0 CD Z D N LLJ CO 2 W W Cr O U N W w O 1 LLJ w W Q p F a O N r N 0 M Mr V O r M O N N N M N N Iq t� co M tt O N N I- V N O N M r N CD M CO CA tl' h N N '[t O cwt W zY p O N 'V' r V 'V M N N W N Cf) r N M W Q N W _f -J Z J z - fn W a CD N O O r O O M N V LOCO M N CO N 01 O O r N r N 0 0 0 r r N N C) M n r co m 4cn cn t- N M V CO tt V M M Lo O O L W M W LU LU = Z Q Z� : 2 Q LLI}OW z fn (D LLJ a m > (.)j J OA w LL Q d <22 - <00Z0 Lu 0 I- RECEPT, . AUG 13 2004 Bast Valley Watec vi�.+n. •� California State University, San Bernardino 5500 University Parkway San Bernardino, CA 92407-2397 August 11, 2004 Mr. Bob Martin, General Manager East Valley Water District P. O. Box 3427 San Bernardino, CA 92413 Dear Bob: OFFICE OF THE PRESIDENT (909)880-5002 fax• (909) 880-5901 email.• akarnig®csusb.edu Thank you and the East Valley Water District for the $10,500 gift to endow a scholarship in Jim Roddy's name. As we all know, he was a much -beloved figure in the water industry for many years, and I'm pleased that we can honor Jim's many contributions to local water -related issues through the establishment of the endowment. From the beginning, the District has been a great supporter of the Water Resources Institute. Your vital support has been a big part of the WRI's success in its first four years of existence. It's certainly gratifying to see a public agency like the East Valley Water District recognize how important a public university is to a region in making a positive difference in communities. This is evidence of vision and leadership on the part of your board of directors, because as you well know, an education is perhaps the greatest gift that we can give to our youth. The James Roddy Scholarship Endowment will play a vital role in assisting deserving CSUSB students—particularly those who plan to study curriculum related to EV WD's responsibilities as a public water agency. This includes curricula in management of water resources, environmental geology, and environmental studies. We're working to diversify the number of academic programs related to water management, thereby increasing the number of students eligible to receive the James Roddy Scholarship. Between the University and your agency, I hope that we can publicize the scholarship in order to add to the endowment. Since the scholarship will exist in perpetuity, funds can be added at any time. I know that the idea for an endowed scholarship came to you shortly after Jim's untimely death last year, and I'm delighted that you and your board followed through and established the endowment. Once again, thank you for your gift and also for your on-going support. You can be sure that we'll try our best to increase the endowment in order to maximize the benefit to our future students. Regards, aLl—I Albert K. Kamig President TLe Califoruia State Uuirenity Bakersfield • Channel Rands • Chico • Dominance Hills • Fresno • Fullerton • Hnnnnrd • Humboldt • Long Bcacb • Los Angeles • Maritime Academv • Xfoutergr Bnr Iortbrioge • Pomona 9 Snaamntto - San Bernardino • San Diew • San Francisco 0 San jute 0 Sas Lnis Obispo - San Mams o Sonoma . Stanitlant CF4 (�q INFORMATION RESOURCES 0 V II11 AND TECHNOLOGY/ CALIFORNIA STATE UNIVERSITY L� Water Resources Institute SAN BERNARDINO AUG 12 2004 (909) 880-7681 5500 University Parkway, San Bernardino, CA 92407-2397 ST VALLEY fax: (9 0 9) 880-7682 WATER DISTRICT August 9, 2004 Bob Martin General Manager East Valley Water District P.O. Box 3427 San Bernardino, CA 92413 Dear Bob: Thank you for East Valley's $1000 gift to the Water Resources Institute at California State University, San Bernardino. We recognize that this is in addition to you annually pledge to us, and are grateful for your continued support. East Valley's gift will be used to produce more documentaries that we can send to cable TV outlets across California. The first documentary, "Blast From the Past," is now being offered to these outlets, with your agency's name listed in the credits as a sponsor of the program. Our next documentary, tentatively titled "Fire and Rain", will deal with flood and fire protection issues for residents in foothill and mountain communities. The WRI is proud to be in the documentary production business. We feel that this is one of the best ways to educate the public on important issues related to water resources. Our partnership with the Inland Cable Television Network gives us a broad constituency for our documentaries. And, gifts from organizations such as your agency will enable us to take these documentaries to a much broader audience, increasing our influence around the state and increasing the overall education level on water issues. Once the final version of the DVD with your name listed as sponsor is completed, we will send you a copy for your records. Once again, thank you for your gift—it will hopefully allow millions of California residents to learn about the important issue of perchlorate, thereby playing a role in building public support for external funding of a solution to our local perchlorate problem. Very truly yours, t. aY✓is Di ect�r The California State University Bahersfleld • Channel Islands - Chico • Dominguez Hills • Fresno - Fullerton • Hayward • Humboldt • Long Beach • Las Angeles • Maritime Academy Monterey Bay • Northridge • Pomona • Sacromenio • San. Bernardino • San Diego - San Frans ro • San Jose • San Luis Obispo • San Marcos • Sonoma • StantsLaus Amoeiation of the San Bernardino County Special Septel;n berzo, ,zoo¢ )Kei;,4e,oki? Meetisu� Victor Valley Water D. trlct is hosting the September mid Woody's Cocky Bull % E urant in Victorville, CA. ; T Thesocial hour f"b 'i5 at 6 p.m. with tier �4: vs�dl^r.^t1o�^n will be served. `Qilri Shomerilade . Buffet: n Boat with Chicken Marsala, Eggplant n t --n Beans, Fettuccine Alfredo Paste;. y, rolls. Cost: $23 '::-f Program: Deboralllt bjM ' anspo[ 4 RSVP.to>Lr dR„r' , Fax: 760=24� District/Associate Attondoos: Di8tt'ict8 RECEIVED AUG '-:9 2004 i:ast Valley Water Distrie V 7 meeting at orfation;r', err 13, 2004 .org REN04DER: There is a $2 surcharge per person for reservations made after the deadline date and coming to the dinner meeting without having made reservations. You will also be billed for the dinner if cancellation is not received PRIOR to the deadline date. r a - IiIw 01,n1htj -cl,t The largest water quality event in North America r �4t KQ f7 1 • �. • . rir{.•i r�.Y y i" • r .� ..r 771:11 Annual Technical Exhibition and Conference October 2--6. 2004 Enoast N. Morial Convention Center New Orleans, Louisiana USA www.weftec.org Hater Bnriramnent Presented by The Water Quality Peoples' Federation e WEFTEC is the leading source for all that is water quality by bringing to you a world of knowledge, education, networking and solutions, simply put... We Do Water-. World -Class Education Participate in 95 technical sessions and 23 workshops covering every critical water quality issue, presented by the experts. Endless Training Opportunities Meet your CEU and PDH requirements at WEFTEC. Networking Meet and share your ideas and challenges with thousands of water quality professionals from around the world. Mega -Show The WEFTEC exhibition is the largest water quality exhibition in North America — over 800 exhibiting companies are on -hand with the latest products, services, and technologies. I Earn up to 35 contact hours, and a maximum 5 of 2.6 CEUs and 9 PDHs. CEUs are earned by attending any of WEFTEC's 95 technical sessions and 23 workshops. PDHs are earned by attending the Opening General Session, committee meetings, or for time spent. in the WEFTEC exhibition. i www.weftec.org Join us for two full days of world-class workshops and get an in-depth look at the most important water quality issues today while earning CEUs. Saturday, October 2 1 W101 Stormwater Management for Municipal Managers 8:30 am - 5:00 pm .6 CEUs ' A r W102 Disinfection Boot Camp: "Understanding 8:30 am - 5:00 pm I .6 CEUs Your Disinfection Process" W103 Decentralized Wastewater Management: Nutrient Removal 8:30 am - 5:00 pm .6 CEUs and Management Systems Best Practices 2004 W104 low Impact Development Application to Separate and 8:30 am - 5:00 pm .6 CEUs Combined Sewers: A Hands -On Workshop W105 Activated Sludge Design and Process Control ... In a BNR World 8:30 am - 5:00 pm .6 CEUs W106 Strategic Asset Management Is the Foundation 8:30 am - 5:00 pm .6 CEUs of a Sustainable Organization I W107 Pathogen Concerns with Residuals Management 8:30 am - 5:00 pm .6 CEUs ' W108 Crossing the Bridge with MBR Technology: A Joint 8:30 am - 5:00 pm .6 CEUs a European and North American Perspective on the State of the Practice of MBR Applications j W109 Control of Odors and Emissions from Wastewater Treatment 8:30 am - 5:00 pm .6 CEUs Plants: Beyond the Book—Evolving Odor and Air Quality Issues W110 Wastewater Microbiology 8:30 am - 5:00 pm .6 CEUs will Conditioning and Dewatering: Current Practices and Innovations 8:30 am - 5:00 pm .6 CEUs organized by the Water Environment Research Foundation k Sunday, October 3 W112 Strategic Operations and Maintenance: Do It Right and Take Control! W113 Value -Based Engineered Equipment Procurement 8:30 am - 5:00 pm .6 CEUs 8:30 am -5:00 pm .6 CEUs r W1 14 Are Membranes In Your Future? Meeting the Implementation 8:30 am - 5:00 pm .6 CEUr Challenges for Water Reuse u W115 Ecosystem Modeling for TMDL Development: Modeling Multiple 8:30 am - 5:00 pm .6 CEUs Environmental Stressors W116 "Hands -On" Configuration of a Process Control System 8:30 am - 5:00 pm .6 CEUs - W117 FISHING in Activated Sludge 8:30 am - 5:00 pm .6 CEUs W118 Sustaining Your UtlIity's Future: Say 'Hello' to Your New Workforce 8:30 am - 5:00 pm .6 CEUs W119 Asset Management: Realizing Your Progress and Advancing Your Efforts W120 Wastewater Microbiology reprise of W110 8:30 am - 5:00 pm .6 CEUs 8:30 am - 5:00 pm .6 CEUs W121 Decision Support for Wastewater Agencies 1:30 pm - 5:30 pm .35 CEUs organized by the Water Environment Research Foundation W122 Strategies for Achieving Low Levels of Nutrients 8:30 am - 5:00 pm .6 CEUs in Wastewater Effluents organized by the Water Environment Research Foundation W123 Looking to the Future by Reevaluating Water 8:30 am - 5:00 pm .6 CEUs Quality Criteria Now organized by the Water Environment Research Foundation ;technical sessions Participate in some of the most highly -regarded technical presentations in water quality, while earning CEUs. With a record-breaking number of abstracts submitted, only the best were selected to be presented at WEFTEC.04. ®Leading Edge Research 1 AEESP Lecture — Fate, Transport, and Treatment of Emerging Micro -pollutants 19 Wastewater Treatment Innovations 20 Membrane Bioreactors* 21 Groundwater and Remediation* 39 Activated Sludge — Filaments, Foaming, Toxics and More... 63 Biological Nutrient Removal (Minding your P's and N's!) 81 Key Dynamics for Cost Effective and Efficient Biosolids Processing Industrial Issues and Treatment Technologies 2 Chemical Industry's Wastewater Treatment 22 Pretreatment and Effluent Guidelines Regulatory Update 40 Membrane and Moving Bed Bio -reactors 64 Food Industry Wastewater 65 Remediation and Leachate Treatment 82 Physical and Chemical Treatment of Industrial Wastewater ®Municipal Wastewater Treatment Processes 3 Optimization and Modeling 4 Hybrid Fixed Film/Suspended Growth Processes (IFAS and MBBR: European/ North American Case Studies 23 Wet Weather Treatment Issues* 24 Side Stream Treatment* 41 Biological Nutrient Removal 42 Primary and Secondary Clarifiers95 Hybrid Fixed Filrn/Suspended Growth Processes (IFAS and MBBR) 66 Membrane Bioreactor Treatment 67 Fixed Film Processes — New Approaches 83 Phosphorus Removal 84 Emerging and Trace Contaminants and Tertiary Treatment 95 Hybrid Fixed Film/Suspended Growth Processes (IFAS and MBBR) Residuals and Biosolids Management 5 Biosolids Management 25 Volume Reduction 43 Biosolids Quality Issues 44 Biosolids in Louisiana 68 Anaerobic Digestion 85 Incineration and Thermal Drying are Now Important Technologies . ® Collection Systems 6 CMOM — Is it Real? 26 Design, Construction and Rehab Issues 27 The Basics —Collection Systems 101 45 Wet Weather Issues — And There are Plenty 69 Operations and Maintenance 86 Planning and Modeling ®Surface Water Quality and Ecology 7 Biological Quality Criteria and Human Health 8 TMDLs — This Means You 9 Urban Stormwater — The Wet Weather Umbrella 28 Trading — TMDLsand Beyond 29 Water Quality Modeling 30 Hypoxia in the Gulf of Mexico — A National Watershed Issue 46 Monitoring for Watershed Management* 47 Tools for Watershed Management* 48 Endocrine Disruptors* 49 Use Attainability Analysis* 50 Louisiana Coastal Areas: America's Imperiled Wetlands 70 Biomonitoring, Bioassessment, and Toxicity 71 Watershed Nutrient Issues 72 Ecosystem Restoration* 87 TMDL's for PCBs in the Delaware River Estuary — Case Study 88 Urban Stormwater Issues 89 Leading Edge Approaches in Ecological and Water Quality Enhancement m ® Utility Management 10 Leading a Changing Workforce: Preparation is the Key* 11 How to Obtain Depth in a Shrinking Workforce* 31 Workload Analysis & Performance Measurement* 32 Decision Support Systems* 51 Gaining Efficiencies in Combined Water/Wastewater Agencies* 52 Continual Improvement in Utility Management* 73 Environmental Management* 74 Asset Management* 90 Security ® Water Reclamation and Reuse 12 Water Reuse Planning, Strategies, and Case Studies 33 Emerging Contaminants in Water Reuse 53 Membrane Technology 75 Groundwater Recharge and Stormwater* ®Public EducatiorVGovernment Affairs/Environmental Management 13 Educating Your Public Resources for Environmental Success 54 Regulatory Update 2004 76 Environmental Management in Utility Operations '+• Management of Odors ® and VOCs 34 Biotechnology for Controlling Odors and VOC's 55 Sources and Control Technologies Computer Applications and Instrumentation 14 Innovative On -Line Instrumentation and Automation 56 Alphabet Soup — GIS/CMMS/EAM 77 Wastewater Design — Hydraulic Modeling and Energy Considerations 91 Aeration Control — New Twists on an Old Control Technology 92 Design of SCADA and Wireless Systems Small Community and Natural Treatment Systems 15 Water Quality and System Planning 35 Small Community Wastewater Treatment 78 Decentralized Wastewater Solutions 93 Hot Topics in Louisiana Facility Operations Including Lab Practices 16 Process Operations 36 Biological Nutrient Removal 57 The Process of Operations* 58 The Process of Maintenance* 59 Laboratory Issues* 60 Process Analyzer Performance* 79 Analytical Methodologies 94 Evaluating Process Controls Dis i nfectioNl n novative Technology Forum 17 Ultraviolet Disinfection of Wastewater: Practical Aspects 37 How to Ft the Disinfectant to the Situation 80 Innovative Technology ® International Issues 18 Kyoto Protocol, Climate Change, Green House Gas Emissions, and Biogas 38 Sustainability — Design and Management* 61 Anaerobic Treatment for Municipal Wastewaters — An Emerging Technology in Latin America* 62 Latin America — Experiences in Water Services and Facility Operations- * Half Session m the If it's the newest or the best in water and wastewater, it will be on display at the WEFTFC Fxhibition! -y r.. The Largest Water Quality Exhibition in North America! In fact, WEFTEC is so large, it ranks in the top 1% of all trade shows. With over 800 exhibiting companies on -hand to showcase the lat- est developments in water quality, the WEFTEC Exhibition gives you access to one of the largest gatherings of water and waste- water products and services in the world. This is the focal point for many new product introductions — the place to touch, feel, and see what is new to the industry. The Exhibition is held from October 3-6, and is located in Halls A through F of the Ernest N. Morial Convention Center — it is literally miles and miles of aisles. , Take advantage of the opportunity to meet one-on-one with the most knowledgeable manufacturers, consultants, and contractors in the water and wastewater industries, and form quality business relationships for you and your organization. www.weftec.org I WEFTEC Exhibitors represent the most comprehensive array of products and services in the water quality industry, including: Activated Carbon Advanced Water & Wastewater Treatment Aeration Systems Aerobic & Anaerobic Treatment Analysis & Testing Biological Nutrient Removal Biosolids & Sludge Chemicals & Chemical Handling Coatings & Linings Collection Systems (Sewers) Construction Contractor Services Consultant Services Contaminant Removal Corrosion Protection Computer Software Data Monitoring & Analysis Dewatering Digesters Disinfection Engineering Environmental Filters Groundwater Treatment Hydrogen Sulfide Control Infiltration/Inflow Instrumentation Laboratories Leak Detection Membrane Technologies www.weftec.org/Exhibitor Directory Meters Motors & Motor Controls Odor Control Ozone Pipes Pumps Rehabilitation SCADA Systems Security Stormwater Tanks Training Valves Water Recycling/Reuse ...and so much more! Updated exhibitor listings, as well as a full Cxhlbitor Directory area, are available on the WEFTEC websde. You can search the Exhibitor Directory alphabetically, by product category, region of the world, or keyword - or any combination of factors. The online Directory includes contact informa- tion, as well as product information. Many exhibitors have hyperlinks to their own websites, allow- ing you to get more detailed information before and after WEFTEC. a president's club sponsors WEF The Water Environment Federation would like to extend special thanks to the following President's Club Sponsors for their generous support. Opening General Session MEMISM Amiad Filtration Systems Greeley and Hansen, LLC USABIueBook WEF Awards Reception and Passing of the Gavel MEMAMM Amiad Filtration Systems Greeley and Hansen, LLC Operations Challenge MMMEMAMM USABIueBook WrW t=c� F�vI$fdF� Allmax Professional Solutions Godwin Pumps Headworks Insituform Technologies*, Inc. RootX Root Control WEFTeach The Coca-Cola Company MWH MINMA Weston Solutions, Inc. (WESTON•) Bayou Land Resource Conservation and Development Council Conference Workshops BDP Industries, Inc. Student Design Competition Black & Veatch CH2M Hill University Student Networking & Career Fair Black & Veatch Brown and Caldwell Carollo Engineers, P.C. ECO:LOGIC Engineering, Inc. LBFH, Inc. information f The most cnrrpnt VVEFTLC 04 infur nmbun ds cvadntrle n,i •Nd tCC. of', Indu0ing terlinu;al sesIons o,rd psrpr r, vorkslnal rl esc n pt u: ns, ;;rtioal cv( nla, farilitr t,)nr;. ,md Ilc most upAtPt, d E..hibitor Directoiy. Y^u can ,c;lstr?r online ar •:::... cldtnr-.ow: Ley nlin-io 1 300666-0206 rn 1 /03 -63r1 -?452; nr downlnari d 4VLFTEC 0'1 To istration fu,ni, s hi.[I can trs taacd to 1 /03-3/i!'. or inadr,d to 1.JI[ FT[tC 0,1. c IT CST, PO 13m. `r)1. Dicok6ekl. IL 605 13 O6q1 USA. n i r , 1,'.),, . ,r 1, , , peL,• ir'r; h,.: r,. :/r,,.. 1, ,; , .. ,,; !" - ic;Lru You Can nrako your hn,ol rF se vat Ion on V2%'a: V: ft.•c.or[: and IT P( Current travel 11 fu,rl )ahon. os well as New Orlcdns hi�lil��ht;. RrgTster by rinr?usl Z7. ?00'1 and save up to $100 uft of ;ow rp4iytrahon Fre' Monday, October 4, 2004 11:00 am — 1:30 pm Tickets are $25 in advance; $30 at the door. Water for People, the charity of choice for the North American water and wastewater community is holding the "Water for People Festival" at WEFTEC.04. This lunchtime celebration will be held at the Mississippi River Heritage Park (across the street from Exhibit Hall D of the Ernest N. Morial Convention Center) and will feature live music and world-famous Louisiana cuisine. Be sure to stop by and support this important event. For more information, please contact: Elisa Speranza at 1-504-593-9421 x26, via email: elisa.speranza@ch2m.com or visit www.waterforpeople.org The Water Environment Federation is a Country Sponsor of Water for People Visit the Water for People Booth #5746 at the WEFTEC.04 Exhibition! WATER EDUCATION FOUNDATION This year; lei►r•r7 about groundwater and surface water in southern California. 717 K Street, Suite 317 'Sacramento, CA 95814 Phone: (916) 444-6240 Fax: (916) 448-7699 Internet: www.watereducation.org Southern California Tour October 6-8, 2004 Sponsored by the Water Education Foundation The most urbanized area in the state, southern California is home to virtually halfthe state's population, some 17 millionpeople. More than any .. otherresource, it is the availability of waterthat '• .. allowed this region south of the Tehachapi Mountains to become the economic and political powerhouse that it is today. The vast array of surface water resources —from the Colorado River to the State Water Project to the Los Angeles Aqueduct—is what most people think of when they think of southern California's water supply. Often overlooked is groundwater, which serves a valuable source of supply throughout the region. Sponsoredby the Water Education Foundation, this tour will focus on both southern California's groundwater and surface water as the region faces the challenge of stretching its available water supply to meet growing demands with discussions on such issues as: water storage and conveyance, water conservation, water recycling, groundwater pollution and clean up efforts, water marketing, sea water desalination and conjunctive use. This fast -paced, three-day, two -night tour will begin Wednesday, October 6 at Ontario International Airport and travels through the Santa Ana River watershed to Orange County, along the coast to San Diego and then back to San Bernardino County, ending at Ontario International Airport by 6 p.m. Friday, October 8. The tour is co-sponsored by the James Iryine Foundation and the U.S. Bureau of Reclamation Mid -Pacific Region. On the tour, you will learn about: • S anta Ana River watershed management • Chino Basin groundwater quality issues • Water recycling and saltwater intrusion • Conjunctive use in coastal southern California • Desalination ofsea water and groundwater • S an Diego regional water management planning • New surface water storage facilities • Waterconservation efforts including landscaping The mission of the Vater Education Foundation, an impartial, non-profit organization, is to create a better understanding of water issues and help resolve water resource problems through educational programs. Wewillvisit: • Prado Dam and wetlands • The SantaAnaRiver • The Chino groundwater basin • Orange County groundwater recharge sites • Irvine Ranch Water District's water recycling program • The proposed seawater desalination plant site in Carlsbad • San Diego County water treatment facilities • OlivenhainDam andReservoir • Diamond Valley Lake • Rancho Santa AnaBotanical Gardens Registration fee for one person, single occupancy room — $575 Registration fee for two people, double occupancy room — $950 r' M_ ■ I ■ JV ii an i Register four or more people for the Southern California Tour and receive a discount — single occupancy rooms, $525 each; double occupancy rooms, $900 each. The tour begins at 8 a.m., Wednesday, October 6, at the Ontario International Airport and ends by 6 p.m. Friday, October 8 at the Ontario International Airport. Travel will be by air-conditioned bus equipped with video monitors and restroom. The tour registration fee includes meals, transportation and rooms at the Radisson Hotel in New- port Beach (Wednesday) and the Hacienda Hotel in Old Town San Diego (Thursday). Tour participants are responsible for their own transportation to and from Ontario. This is a one bus tour, and seating is limited. All reservations are on a first-come, first -serve basis. Reservations canbe made by completingthe attached form and returning itto the Foundation with your payment. Faxed reservations will be accepted with credit card or purchase order payments. Fee includes all meals, lodging and transportation while on the tour and background material. For cancellations, the deadline for a full refund is 5 p.m. Sept.24 due to hotel, meal and transportation bookings. Request for a refund must be in writing. Substitutions maybe made at anytime. A secure, on-line registration form is available at our web site; www. watereducation.org/tours. asp This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 16 hours. The Water Education Foundation certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. There isan additional charge of$100toregister fo MCLE credit. 0 1%, Additional tour information, a complete itinerary and reference materials will be mailed to you approximately one month before the tour. Please notify the Foundation prior to the tour if you have a medical condition or other special need we should be aware of in order to accommodateyou.