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Home My WebLink AboutAgenda Packet - EVWD Board of Directors - 10/11/2005 t'vWD East Valley Water District - 3654 HIGHLAND AVE., SUITE #12, HIGHLAND, CA REGULAR BOARD MEETING October 11, 2005 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 September 27, 2005 4. Approval of Development Agreement between East Valley Water District and Watson ~ Westridge, LLC to subdivide and develop certain real property which will consist of seventy- five (75) dwelling units located at Foothill and Sterling Avenue, in the City of San Bernardino, County of San Bernardino. The District is to provide domestic water and sewer service to such properties, which are located within the boundaries of the District. 5. Accounts Payable Disbursements: Accounts Payable Checks 203367 through 203538 were distributed September 28, 2005 through October 6, 2005 in the amount of $1,050,813.55. Payroll Che,~ks for period ended September 30, 2005 and included checks and direct deposits, in the amount of$115,532.44. Total Disbursements for the period were $1,166,345.99. OLD BUSINESS 6. Headquarters Project Review and Update (General Manager) 7. Discussion and Possible action regarding the Association of California Water Agencies (ACW A) 2005 Sponsorship Program. NEW BUSINESS 8. Discussion and Possible action regarding a lease proposal from T-Mobile for a Wireless Communications Facility ~ 9. Discussion and Possible action regarding Preliminary Design proposal from CDM for the North Fork Canal Replacement Project ~ 10. Discussion and Possible action regarding Amendment to Property Access and Release Agreement between East Valley Water District and Metropolitan Water District 11. Discussion .md Possible action regarding a letter to the District from the Association of the San Bernardino County Special Districts regarding the Annual Meeting and election of Directors, which will be held on November 21, 2005. The Board will have four (4) seats open. 12. Discussion ,md Possible action regarding the Association of the San Bernardino County Special District meetings for the year 2006 11..tt PUBLIC MEETING 13. Public meeting to Discuss the 2005 Update of East Valley Water District's Urban Water Management Plan REPORTS 14. General Manager's Report 15. Seven Oaks Dam Water Quality Update Director's Fees and Expenses for September 2005 17. Oral Comments from Board of Directors ~ MEETINGS 18. Association of the San Bernardino County Special Districts Membership Meeting sponsored by San Bernardino Valley Municipal Water District, Orange Show L'Orange Room, San Bernardino, October 17,2005. CLOSED SESSION 19. CONFERE\lCE WITH REAL PROPERTY NEGOTIATOR [Governme:lt Code Section 54956.8] Property: 27+/- Acres of Vacant Land South of Highland Ave, West Of Central Ave San Bernardino County, California APN: 1191-25-01-03-04 Party with whom District will negotiate: State of California Party who will be negotiating on behalf of the District: Robert Martin/Jim Cimino Uncer Negotiation: Price and Terms of Payment ,.., 2 ANNOUNCEMENT OF CLOSED SESSION ACTIONS "-' ADJOURN -------------..--------------------------------------------------------- Pursuant to Government Code Section 54954.2(a), any request for a disability-related modification or accommodation, induding 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. - - --........ -............................................................................................................................ ~ 'W" 3 - SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT SEPTEMBER 27, 2005 REGULAR BOARD MEETING MINUTES The meeting was called to order at 2:00 p.m. by President Wilson. Director Goodin led the flag salute. PRESENT: Directors Goodin, Sturgeon, Wilson ABSENT: Directors Negrete, Lightfoot STAFF: Robert Martin, General Manager; Brian Tornpkins, Chief Financial Officer; Ron Buchwald, Assistant District Engineer; Justine Hendricksen, Adrninistrative Manager ~ LEGAL COU1\'SEL: Steve Kennedy GUEST(s): Jo McAndrews, Gary Sturdivan (EVWD), Paul Pinckney (Croydon Risk Consultants), George Ramirez (The Planning Consortium / T- Mobile), Trevor Miuer (The Plarming Consortium / T -Mobile) APPROVAL OF AGENDA J\.1/S/C (Goodin-Sturgeon) that the Septernber 27,2005 Agenda be approved as submitted. PUBLIC P ARTICIP AnON President Wilson declared the public participation section of the meeting open at 2:01 p.m. Mr. Ramirez from The Planning Consortiurn (T-Mobile) addressed the Board and presented a proposal to the District regarding a lease option for a Wireless Communication Facility. The Board requested this item to be placed on the agenda for the next regularly scheduled Board Meeting on October 11, 2005. ~ There being no further written or verbal comments, the public participation section was closed. .. 11:.___..__ "'nl""..'^~ - APPROVAL OF SEPTEMBER 13, 2005 BOARD MEETING MINUTES M/S/C (Sturgeon-Goodin) that the September 13, 2005 Board Meeting Minutes be approved as submitted. RESOLUTION 2005.25 - A RESOLUTION TO APPROVE AND ADOPT THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS), was presented to the Board for appr')val. M/S/C (Sturgeon-Goodin) that Resolution 2005.25 be approved. DISBURSEMENTS M/S/C (Sturgeon-Goodin) that General Fund Disbursements #203188 through 203366 distributed during the period of September 8, 2005 through September 21, 2005 in the amount of $2,372,717.35 and Payroll Fund Disbursements for the period ended September 16, 2005 and. August 30, 2005 in the amount of $129,097.77 and $4,168.94 totaling ........ $2,505,984.06 be approved. HEADQUARTERS PROJECT REVIEW AND UPDATE The General Manager updated the Board on the Headquarters project; that plans have gone through a firs': plan review and have been returned to the District; that we are moving forward on the second submittal. RADON RULE UPDATE The General Manager presented an article regarding the Research and Theory of Radon titled "New Perspectives on the Costs and Benefits of Mitigation Radon in Drinking Water" to the Board. Information only. DISCUSSION AND POSSIBLE ACTION REGARDING LAFCO'S 2919 - SERVICE REVIEW AND SPHERE OF INFLUENCE UPDATE FOR THE SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT The General Manager updated the Board on the LAFCO-29 I 9 Service Review and Sphere of Influence Update hearing; that the City of Highland is concerned about CEQA issues; that LAFCO has deferred this item until February 2006. ~ 2 Minutes: 09/27/05 ...... DISCUSSION AND POSSIBLE ACTION REGARDING THE RENEWAL OF THE DISTRICT'S COMMERCIAL AND LIABILITY INSURANCE PACKAGE FROM ARROYO/CALDWELL & MORELAND INSURANCE SERVICES The General Manager summarized the insurance proposal from Arroyo/Caldwell & Moreland Insurance Services; that various changes have been made throughout the process; that Croydon :Risk Consultants has reviewed the proposal and concurs with the Insurance Committees rewmmendations. Mr. Pinckney updated the Board on his recornmendations and concurrence to approve the renewal package from Arroyo/Caldwell & Moreland Insurance Services. M/S/C ':Sturgeon-Goodin) that the renewal package of the District's Commercial and Liability Insurance Coverage from Arroyo/Caldwell & Moreland Insurance Services be approved. DlSCUSSIOl'i AND POSSIBLE ACTION REGARDING RENEWAL OF THE INTEGRATED MANAGEMENT PROGRAM DEMONSTRATION PROJECT AGREEMENT. The General Manager updated the Board on the Integrated Management Program ~ Demonstration Project; that it is important to keep Basin Managernent in the Valley; that updates to the program are forthcoming and a cornmittee will be assembled to review and make recornmendations regarding the project; that he requests the Board approve the project for one additio:1al year. M/S/C (Sturgeon-Goodin) that the Integrated Management Program Demonstration Project Agreement be approved for one additional year. DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSAL FROM BASIN WATER TECHNOLOGY GROUP, INe. FOR URANIUM TREATMENT AT WELL NUMBER 40 The General Manager updated the Board regarding the proposal from Basin Water Technology; ttat the District has lost the use of Well 40 due to high Uranium levels; that a possible cause of the Uranium level could be high flows from City Creek; that the District is coordinating with the Department of Health Services for treatment options; that the General Manager recomrnends the Board approve the purchase of a wellhead treatment unit for Well Nurnber 40 fro:n Basin Water. M/S/C (Sturgeon-Goodin) that the Board approve and authorize staff to move forward with the purchase of a wellhead treatment unit for Well 40 from Basin Water in accordance ..... with their submiued proposal and to amend the budget accordingly. 3 Minutes: 09/27/05 ~ DISCUSSION AND POSSIBLE ACTION REGARDING THE IRS INCREASE FOR THE STANDARD MILEAGE RATES FOR THE REMAINDER OF 2005 M/S/C (Goodin-Sturgeon) that the Board approve the IRS increase for the standard mileage rates for the rernainder of 2005 in accordance with the recommendation from the Chief Financial Officer. DISCUSSION AND POSSIBLE ACTION REGARDING THE ASSOCIATION OF CALIFORNIA WATER AGENCIES (ACW A) SPONSORSHIP PROGRAM The General Manager updated the Board on the Sponsorship levels for ACW A. Director Sturgeon recommends the District approve a sponsorship level of $300 for the Fall/Spring Conference. Director Goodin does not see a reason to support the Conference as the District continues to pay yearly membership fees to ACW A . President Wilson may possibly support the ACW A sponsorship level of $300. ~ The Board requested this item be placed on the next regularly scheduled Board Meeting on October 11,2005. No action taken. DISCUSSION AND POSSIBLE ACTION REGARDING AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND CAMP DRESSER & MCKEE, IN. (CDM) REGARDING THE SEVEN OAKS DAM WATER QUALITY IMPACTS. The General Manager updated the Board regarding the water quality problems the District is experiencing; that CDM has prepared a preliminary engineering report regarding the Seven Oaks Dam Wa":er Quality issues and that the District will present this report to the Army Corps of Engineers; that the General Manager recommends approval of the Amendment No. 2 to the Agreement between East Valley Water District and CDM. No action taken. GENERAL MANAGER'S REPORT The General :tv::anager reported the concrete slab at Well 27 has been poured; that the 6th Street Pipeline :xoject is moving forward. Information only. ~ 4 Minutes: 09/27/05 "'""" SEVEN OAKS DAM WATER QUALITY UPDATE The General Manager informed the Board that Brian Moore would like to meet with the District to discliss the Seven Oaks Dam water quality issues. The Board determined that an ad-hoc committee consisting of President Wilson and Director Goodin be asse:mbled to address these issues. A tentative meeting has been scheduled for October 11, 2005. InfOlmation only. ORAL COMMENTS FROM BOARD OF DIRECTORS Director SturgeJn wished Jo McAndrews a Happy Birthday. President Wils.Jn commented that he had attended ACWA's Desalinization and Solar programs in Da1a Point this month. Information only. LETTER OF APPRECIATION TO THE DISTRICT FROM THE KIWANIS CLUB OF HIGHLAl'''D, INC. FOR THE DISTRICT'S PARTICIPATION IN THE CAR AND MOTORCYCLE SHOW IN CONJUNCTION WITH THE HIGHLAND AREA CHAMBER OF COMMERCE DISCOVER HIGHLAND NIGHT. Informatio,n only.. ~ HIGHLAND AREA CHAMBER OF COMMERCE BENEFIT . GOLF TOURNAMENT, SAN BERNARDINO GOLF. CLuB, OCTOBER 20, 2005. Information only. CLOSED SESSION The Board entered into Closed Session at 3:19 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss the items listed on the Agenda. ADJOURN TO REGULAR SESSION President Wils01 declared that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to regular session at 3:38 p.m. The iterns listed on the Agenda were discussed in clo:,ed session with no reportable action being taken. ~ 5 Minutes: 09/27/05 - ADJOURN The meeting was adjourned at 3:38 p.m. until the next regularly scheduled Board Meeting on October 11,2005. George E. Wilson, President Robert E. Martin, Secretary ~ ...., 6 Minutes: 09/27/05 .. .. - DEVELOPMENT AGREEMENT THIS AGREEMENT is made this _ day of , _, by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and W ATSON- WESTRIDGE, LLC(hereinafter "the DEVELOPER"). RECITALS A. The DISTRICT is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. B. The DEVELOPER proposes to subdivide and develop certain real property within the boundaries o:'the DISTRICT which is located at Foothill and Sterling Avenue, in the City of San Bernardino, County of San Bernardino, State of California, and is generally identified as Tract 16963 (he:reinafter "the PROPERTY). A copy of the Tentative Tract Map for the PROPERTY is attachedhereto as Exhibit "A" and is incorporated herein by this reference. ~ C. The development of the PROPERTY will consist of 75 dwelling .units, and .the DEVELOPER desires that the DISTRICT provide domestic water and sewer service to the PROPERTY. The DEVELOPER intends to design and construct the facilities necessary for water and sewer service to be furnished to the PROPERTY. D. The DISTRICT supplies domestic water and sewer service within the area to be served and is the public agency empowered by law to provide such services to the PROPERTY. E. Tle purpose of this AGREEMENT is to provide the terms and conditions under which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to supply water anc. sewer service to the PROPERTY (hereinafter "the PROJECT"). COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: -' 1 .. .. - Section 1. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in the following marmer and according to the Rules and Regulations of the DISTRICT: a. The DISTRICT agrees to provide to the DEVELOPER tentative wa:er and sewer plans which conform to the requirements of the DISTRICT. b. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in accordance with the DISTRICT's Standards for Design and Processing of Water and Sewer Plans and the tentative plans provided by the DISTRICT. The designs shall be submitted to the DISTRICT in a complete form which shall provide sufficient information for review and approval by the DISTRICT in the exercise of its sole discretion. c. The DISTRICT may request certain changes in the plans to provide for oversizing o(facilities, which DEVELOPER agrees to incorporate into. ., the plans and specifications for the PROPERTY. d. The DEVELOPER shall furnish the DISTRICT with any and all eaEements necessary for the construction, operation, rnaintenance, and repair of any and all water and/or sewer facilities to be installed and/or used for the PROJECT. Ar: easements shall be submitted to the DISTRICT for review and approval by the DISTRICT in the exercise of its sole discretion prior to the DISTRICT's acceptance of any dedication of the PROJECT facilities under Section 6 of this AGREEMENT. e. The DEVELOPER shall submit all plans, drawings, specifications, and contract documents, for all work to be performed pursuant to this AGREEMENT, to the DISTRICT for review and approval, if acceptable to the DISTRICT. The DISTRICT agrees to review all such documents in a timely ~ manner and, upon inclusion of all changes thereto requested by the DISTRICT in a manner satisfactory to the DISTRICT, the DISTRICT will provide the 2 .. - DEVELOPER with authorization to proceed. The DEVELOPER shall not proceed with the construction of the PROJECT and any other water or sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. ~:ONSTRUCTION OF FACILITIES. The DEVELOPER agrees to construct the PROJECT and all other water and sewer facilities necessary for the PROPERTY in the following marmer subject to the DISTRICT's approval: a. The DEVELOPER shall obtain all necessary pem1its frorn the City of San Bernardino and all other public or private agencies required for the construction thereof. The PROJECT and the facilities appurtenant thereto shall be constructed at a location determined by the DISTRICT, and shall be relocated by the DISTRICT at the DEVELOPER's sole expense if such relocation is deemed necessary by the DISTRICT in its sole discretion. The DEVELOPER hereby gratlts the DISTRICT full access to the PROPERTY ~d all other locations where 'W" the wo'rk contell1plated herein is. to be performed. b. All facilities constructed pursuant to this AGREEMENT shall be in accordance with accepted standards and practices in the industry and in compliance with all local, state, and federal laws, rules, and regulations. The DEVELOPER shall be responsible for providing all labor, materials, and equipment necessary to perform the work for the PROJECT, and such work shall be performed in a timely and workmanlike marmer by a party or entity acceptable to:he DISTRICT. All such facilities shall conform to the DISTRICT's Standard Specifications for the Furnishing of Materials and the Construction of Water and Sewer Pipelines. All costs and liabilities in connection with the design and construction ofthe PROJECT shall be borne solely by the DEVELOPER. c. The DISTRICT shall inspect and approve all work to be performed .... under this AGREEMENT. However, any approval by the DISTRICT of such wcrk, or of the designs, specifications, reports, and/or materials furnished 3 - hereunder, is understood to be conceptual approval only and will not operate to relieve the DEVELOPER or its contractors, consultants, or subcontractors of res Jonsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or their own willful misconduct. Further, neither the DISTRICT's review, approval, or acceptance of any of the work or services performed in connection with this AGREEMENT shall be construed as a waiver of any rights hereunder or of any defense or cause of action which the DISTRICT may have arising out of the performance of this AGREEMENT or any previous or subsequent agreements. The DEVELOPER shall cause the facilities constructed under this AGREEMENT to be inspected as required by any and all other public or private agencies. Section 3. DEVELOPER'S COSTS. In addition to all other obligations imposed. upon .the .. DEVELOPER, under this AGREEMENT, the DEVELOPER shall be resp?nsibl6 for the payment of all of the following: a. The DEVELOPER shall pay to the DISTRICT all, or any portion, of the connection fees for the PROPERTY at the time of application for water and sewer service therefor. The DISTRICT will provide water and sewer service only to those specific subdivision lots within the PROPERTY for which payment in full ha; been made to the DISTRICT. b. The DEVELOPER shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation of the PROJECT, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design of the PROJECT. 'llIP c. The DEVELOPER shall comply with all rules, regulations, re';olutions, and ordinances of the DISTRICT that are currently in place or may 4 - hereafter be adopted, and shall pay when due any and all fees, deposits, charges, raks, fines, penalties, taxes, and/or assessments that may be levied by the DISTRICT. d. The DEVELOPER hereby consents, and waives any objection, to the exercise of any and all collection remedies that are available to the DISTRICT under the law upon the PROPERTY and/or the person and/or property of DEVELOPER and its shareholders and partners. Section 4. ~lECURITY. a. The DEVELOPER shall provide performance, completion, and/or payrnent bonds for the PROJECT in the minimum amount of not less than 100 percent of the estimated construction costs containing covenants which are acceptable to the DISTRICT and the City of San Bernardino. b. The DEVELOPER shall. provide a maintenance. bond for the ..., PROJECT in the amount of 100 percent of the construction cost, which shall corrtain covenants which are satisfactory to the DISTRICT. Such bond shall remain in force for at least twelve (12) months from the date of acceptance by the DISTRICT of the dedication of said facilities. c. The DEVELOPER shall also procure and maintain during the performance of this AGREEMENT such policies of insurance, bonds from an ac:eptable surety, cash deposits, escrow accounts, letters of credit, and other forms of security, in amounts and upon terms deemed sufficient by the DISTRICT in its sole discretion to protect the DISTRICT from any and all exposure to loss and/or liability. Section 5. COSTS FOR OVERSIZING. Pursuant to Section l.c. of this AGREEMENT, the DISTRICT agrees to pay to the DEVELOPER the incremental cost of oversizing any PROJECT ..,. facilities greater than twelve inches (12") in diameter for water distribution pipelines and ten inches (10") in diameter for sewage collection pipes. The DISTRICT shall determine the amount 5 ., - of the incremen":a1 cost of oversizing and the method of payment in the exercise of its sole discretion prior tJ its acceptance of the PROJECT facilities. Section 6. DEDICATION OF FACILITIES. a. The DEVELOPER shall, upon completion of the construction of all facilities to be installed hereunder to the satisfaction of the DISTRICT, dedicate said facilities to the DISTRICT by a deed of dedication or such other instrun1ent as the DISTRICT may prescribe, and the DISTRICT agrees to accept the dedication thereof by formal action of its Board of Directors. Thereafter, such dedicated facilities shall become and be operated and maintained by the DISTRICT as part of the DISTRICT's water and sewer systern. The DISTRICT shall not accept dedication of said water or sewer facilities until all connection fees have been paid unless otherwise allowed under Section 3.a. herein. b. The DEVELOPER hereby grants the DISTRICT full access to the ,.. PROPERTY for the purpose of installing, operating, inspecting, maintaining, and repairing all rneters, valves, and other appurtenances necessary for the DISTRICT to record, regulate, and control the amount of water pumped therefrom. Section 7. SERVICE RESTRICTIONS. Any obligation on the part of the DISTRICT to supply water to the PROPERTY pursuant to the terms of this AGREEMENT shall be excused in the event that the performance thereof is interrupted for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, court order, natural disasters such as floods, earthquakes, landslides, and fires, and other labor disturbances and other catastrophic events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other provision to the contrary, the DISTRICT may suspend or refuse water service to the PROPERTY if the DEVELOPER is in breach, default, or violation of this AGREEMENT or any rule, regulation, rescIution, and/or ordinance of the DISTRICT that is currently in place or may ~ hereafter be adopted, or if such service would adversely affect the health, safety, or welfare of 6 ., - the DISTRICT's custorners, or for any other reason deemed paramount by the DISTRICT in its sole discretion. Section 8. NO REPRESENTATIONS. WARRANTIES. OR CLAIM OF WATER RIGHTS. The DISTRICT makes no express or implied representations or warranties concerning the quality, pre~,sure, or temperature of any water delivered pursuant to the terms of this AGREEMENT, or the manner in which the water is provided, or its fitness for any particular purpose, and the DISTRICT shall not be held liable for any losses incurred or damages sustained as a direct or indirect result thereof, nor shall the DISTRICT be held liable for any losses incurred or dam~,ges sustained after the water furnished hereunder is transferred to the PROJECT facilities. Any water conveyed by the DISTRICT under this AGREEMENT shall not serve as the basis of, or otherwise support, any water rights clairn that rnay be asserted by the DEVELOPER. Section 9. LIABILITY FOR DAMAGES. The DISTRICT shall not. be held liable or ~ responsible for any debts or claims that may arise frorn the operation of this AGREEMENT, or for any damage claims for injury to persons, including the DEVELOPER and/or its officers, directors, shareholders, guests, invitees, trespassers, agents, contractors, consultants, and employees, or fJr property damage, from any cause arising out of or in any way related to the PROPERTY, the PROJECT, and/or the DEVELOPER's obligations hereunder. Section 10 RELEASE. The DEVELOPER hereby expressly waives and releases the DISTRICT and its agents, officers, directors, and employees from any and all liability for the claims, actions, and/or losses set forth in Section 9 above and for any costs and expenses incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of California Civil Code S 1542, which provides as follows: "A general release does not extend to claims which the creditor did not know or suspect to exist in his or her favor at the ,.., time of the executed release which if known by him or her must have materially affected his or her settlement with the debtor." 7 .' - expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER thereunder and under any and all similar laws of any state or territory of the United States with respect to the cl2ims, actions, and/or losses referenced above. This AGREEMENT shall act as a release of any claims that may arise from the aforementioned whether such claims are currently known or unknown. The DEVELOPER understands and acknowledges the significance and consequences such specific waiver of Civil Code ~ 1542 and hereby assumes full responsibility for any injuries, damages, losses, or liability that may result from the claims identified above. This AGREEMENT shall also act as a release of any claims, actions, and/or losses set forth in Section 9 above" that may arise in the future whether such claims are currently foreseen or unforeseen. Section 11. HOLD HARMLESS. Excepting the sole or active negligence or willful rnisconduct of the DISTRICT, the DEVELOPER shall indemnify and hold the DISTRICT and '-' its officers, direetors, agents, and empioyees harmless from and against all claims and liabilities. . of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on the part of the DEVELOPER and/or its officers, directors, shareholders, partners, assignees, guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with the PROPERTY, the PROJECT, and the performance of their obligations under this AGREEMENT, including design defects, even if occurring after the completion of the PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees from any suits or actions at law or in equity for damages, and pay all court costs and counsel fees in connection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and hold the DISTRICT harnless from and against all clairns, losses, liabilities, damages, demands, actions, judgnlents, causes of action, assessments, penalties, costs, expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and accountants), and all foreseeable and unforeseeable consequential damages which might arise or '-' be asserted against the DISTRICT and/or the DEVELOPER with regard to the PROPERTY and/or the PROJECT which are alleged and/or determined to be tortious, and/or in violation of 8 .' - present and future federal, state, and local laws (whether under common law, statute, rule, regulation, or otberwise), including, but not limited to, the California Environmental Quality Act, Public Resource~; Code Section 21000 et seq., and the Guidelines adopted thereunder, California Code of Regulations Section 15000 et seq., all as the same may be amended from tirne to time. Section 12. NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified mail, postage pre:paid, return receipt requested, and shall be deemed communicated as of mailing or in the case of personal delivery, as of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section. If to the DISTRICT: East Valley Water District P.O. Box 3427 1155 Del Rosa Avenue San Bernardino, CA 92413 Attn: General Manager ~ 1ft:> the DEVE.LOPER: Watson-Westridge, LLC 333 South Hope Street, 36th Floor Los Angeles, CA 90071 Attn: Charles Shumaker Section 13. DISPUTES. Any dispute or controversy arising out of, under, or in connection with, or in relat.on to this AGREEMENT, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through 1294.2 of the G)de of Civil Procedure. The cost of such arbitration shall be paid by the parties equally; howeve,r, the prevailing party in the arbitration shall be entitled to reimbursement of its attorneys fees and other costs incurred in connection therewith. Section 14 ATTORNEYS FEES. If a dispute arises which cannot be resolved by ... arbitration, reg2rding the breach or enforcement of the provisions of this AGREEMENT, the prevailing party therein shall be entitled to recover all attorneys fees and other costs actually 9 .' - incurred in conn'~ction with reaching a resolution of the dispute whether or not an action, claim, or lawsuit is filed. In any action brought, the entitlement to recover attorneys fees and costs will be considered an elernent of costs and not of damages. Section 15. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs, successors, legal representatives, and assigns, and each of the shareholders and partners of the DEVELOPER i1;, their individual, separate, and/or other capacities. Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all pn.Jr agreernents, whether oral or written, between the parties in connection therewith. This AGREEMENT may not be amended unless in writing and signed by the parties ."" hereto. Section 18. CAPTIONS. The captions of sections and subsections of this AGREEMENT are for reference only and are not to be construed in any way as a part of this AGREEMENT. Section 19. INTERPRETATION AND ENFORCEMENT. This AGREEMENT shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared this AGREEMENT and any uncertainty or ambiguity contained herein shall not be interpreted against anyone party. Failure by either party to enforce any provision of this AGREEMENT, Jr any waiver thereof by such party, shall not constitute a waiver of said party's right to enforce subsequent violations of the same or any other terms or conditions herein. This AGREEMENT 1hall be enforced and governed by and under the laws of the State of California, and venue for any action brought to interpret and/or enforce any provision of this AGREEMENT shall be in a stat,~ or federal court located in the State of California that would generally have in .,. rem jurisdiction over the PROPERTY. 10 ,,' - Section 20. SEVERABILITY. If any portion of this AGREEMENT is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this AGREEMENT :,hall continue in full force and effect. Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants and conditions "~et forth herein and to perform such further acts as is reasonably necessary to effectuate the prrpose of this AGREEMENT. Section 22. AUTHORITY. Each individual executing this AGREEMENT on behalf of a pllliy hereto represents and warrants that he or she is fully and duly authorized and empowered to so execute on b,:half of such party, and that this AGREEMENT is binding in the mam1er set forth in Section 15 hereof. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date first above written. '-' DISTRICT: By: East Valley Water District President, Board of Directors ATTEST: Secretary By: DEVELOPER UJ M--S v'Y\ Lu-H r /1-1- 0"- t J U. c..... P,,"( '. /v . ATTEST: ~ Notary Public 11 .. ....... EXHIBIT "A" [Tentative Tract Map for the PROPERTY] ....., ......, 12 . . CALlFORNI.l~ ALL.PURPOSE ACKNOWLEDGMENT - ~-.,<.: . . _ ('; . ';?!;,....".e.c,:;:;<."....RX'.l3<',f5('-"Z.(.';~:C<'zt:.~<'.G<,~~~~....~..cc-ec~~.<'X~<'.x.c('..e-<'.c(....~,~~"8:~;~:-.l!:<'.C<',C<'.l!;{'~~y. ~.I , } ss. ,. State of California ~ 10:; A1fJeJe s ,; County of , , ~ , On ~:st.2SI~before me, eel [no ,"d~"ofZ; - G , I personally appeared C hcn-l t' S to . ShUW1Q , <- ~ I Name(s) ofSigner(s) ~ personally known to me , C ",raves IG FAS SA tAe eaeie of sstieltlctory ~ -gViSeAOc I > , to be the person}S1' whose nameJs'i is/are , ,. subscribed to the within instrument and acknowledged to me that he/sAg/tAIlI' executed ., > ., '. ,,~.", "~~.a~;:-i~~l~~;~::~'r.,':'i. ~~; the same in hisfho~/theif authorized capacit~ and that by his/hg~!tAoir ., .: f:~:;"'..""f';~~ Comn~i~iQfI# ..:~.t~'~"'7 ~j > ~ ;!~;:~.);~(t~ NOU1fj 'PUbliC. ~~;j~:ia ~ signatur~ on the instrument the persof).\l;)';'or. the entity upon behalf of which the perso~ : ......../1'-; ~ -> L:::s: Anfj<!'-b'3 CC1Jr.1y K' ~.. ._:,::~:~:. ;_'~',... f,.'.1 ~>~.'~~';:. .:e :~~.i::-n;:: ':~~~.'~:/,?l._~.~ acted, executed the instrument. " ~ ,. Piece Notary Seal Above ., ,. OPTIONAL , , Though itoe information below is not required by Jaw, it may prove valuable to persons relying on the document ~ and could prevent fraudulent removal and reattachment of this form to another document. ,. Descriifucm of Attached Document , , , Title or Typ', ocument: ,. Document Date: Number of Pa , Signer(s) ether Than Named A ~ Capacity(ies) Claimed by Signer 1i' Signer's Name: RIGHT THUMBPRINT .~ o Individual OF SIGNER Top of thumb here o Corpor"!e Officer - Title(s): ~ o Partner - 0 Limited 0 eral , o Attome:/ in Fact ~ ~ o Trustee ~ o Guardicl ,~ O~ ~ 2 0; ~ Signer Is Representing: ~ ~ ~ ~ .' ; ~ 9~v-<,;"';.<,.."',.;r ~-J ;q/.;Z, "\.J ;',.;,<'""-,..f.,".""L,,,"'..~ ,v.:/.~~~,~,.{;V ;-f,.:/,,-";" ,"J, ',/ /;;//":-,,~J;'.;-' ,J=~./'..:/ ,....:/.,"'..;!...""~,...~..)'~)";r:,v.;/.;'J.,,"';! ,"~V~/.:/ ,v.;;.~".,;,<' "'"I~"''''( ,v____,...~;';.r"'''.,./ ~ C 1999 Nillional Notary As!.oclation' 9350 De Solo Ave.. P.O. Bo~ 2402 . ChalSVlQrtl1, CA 91313-2402' 1WIW.l1allOnalnOlary.or'jl Proc:!.No 5907 "Ieorlj,r: Can ToQ.F'ree 1-600.676.58,7 r'~Cfi\21'.1O\fltSTIIII ~\r.:wT.lh;..lJ"\""'S::ll':1XN. 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'';1' \1 " _ ~ _i~ 'I .. :';i II h ,-t ,'t Ii n r l' " J t'" .\.. :. r" '!. ." .,.\ iH i:i .,~ ~l ~:.,\ !\ 1\ ,. ,\., '.' ,- , ,\ ;. \. It I. i' ~ "l .'" .. 1 f: ,''" ~ '\ il il \. .,\ 1- ~ / ~i r:i t..~ i\!; ji ~. ~ ,: $._ 1\ i I\'"".J 1 l ~~ ;1 ~ ..i l\\ l . " i' P i"" '"\ ,~~ ; , jl ;\ -j i '" ' . -\ - \ ' ,,\ \ \ \ iUP,\ ; I \".,:. i , .' · i! ~ "1 I \ ., " , . , , . i' \' i ~ 1 \ 'i .. i .t i ~ ~ . ! , - %\ ~ I' l\ .~ e \\ / ~ f ........ . 'h ."""" ...... I' ... " ... I, ~m \\ m- ~F3 \\ I ~i .' ;;,:i ,~ ....... " \ - ..... \ r , 9, " S-' ;~ ~. =>-' ... ~~ (\ ~~ "Z ~ C'c:. m ~ 9:lJl .-I, SfT'I ::0 '" t,Il"O ~ ~~~() \ \ \ ;, ,., ~.-I, '. i Z:4; a Pill ';>' ~, " s.:; ""J ~ I - !\ m Z ~ "0 <;. I z;;, ".. 0'" \ ,- a> , .~ '" ^ 0> ..."'~ \ Q > ~ t'vWD~ East Valley -- Water District Board Memorandum Date: October 11, 2005 From: Brian W. Tompkins I Chief Financial Officer Subject: Disburs'~ments. {5 Recommendation: Approve the attach~d list of accounts payable checks and payroll issued during the period September 28, 2005 through October 6, 2005. Background: Accounts payable checks are shown on the attached listing and include numbers 20.3367 to 203538 for ~ A total' of $1,050,813.55. The source of fund, for this amount is as follows: Arroyo Verde Funds Construction Fund -Loan Unrestricted Funds $1,050,813.55 Payroll disbursed was for the period ended September 30, 2005 and included checks and direct deposits, Totaling 8115,532.44. Total disbursement:s $1,166,345.99. ~ ""'1:' C\I 0 ..- IX) T"" en"," It) C"Il "\tee ,... ('<') lDl.O (0 ..... 0 -r-O C\I CO') 0 S'jQ .- ~ ~ r--: q ~CW':! '": ~ c1!U1 I"'-; 'd; t-:"": "! ~ q ~q ~ U1 q l() aQ. ui ..... 0 01 lX) "'"CO Q) 0 In..... (\j "<t COC'\l It) ~ 0 "'to 0 co 0 .... E N N en CD r--. .....'" .q T"" inN co 0) mIX) 1.0 C\I CT.I MID 1.() ..... v _ <(..... 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W'd" r:'7jT2~'~;9NZE LEV~~;:i:;~~~~~4fi~::J~~:~~~t~~i~i~f~~%fr6~~~11~~'~1!~~~j };';'~';;(Acknowledgement ill.;;4.CWAw:iiWs;~wKicnistiag:by riiqr.e;thii!f?~?W\,Vatei:le:iaets""?;:~ f;., <. .' ,'" .' . .J. '.. '. : ,..,)'" '~'.,~; 'C' '.>', : ::);~_,~...<. ..., ~'1',: ,;,:.;. . ~ :;:.:' ':;,,'\\ ".' "'''''~'. ~ ;;~!i.'.. ~:. .' ~"'...'.~ ,. :>~'. ,",..!" .' .,.... ^ -:.' "-'.0 Company logo dlSplaYt:d,onPd~efP9Illtpre,s~f),ta~16I),duJ:irig.AQW.Ns Sprip'g.&~':,,~'J~:i9; . ..,. . . J~i~:~g~~n::~~:;:J~~'P;~;~~~h~;~~'~~~;htd~~~!~~~,:;'~:~;;"~"f;?W':~'?ff'!:' . :~epresentativesfromspon:soringcompanies whoattendACWAccmferences will. be identified as a sponsor on his/her name badge "', . ': .,. . . . .' . . '~., ~" ,", '~"l>',,-..,.;;~,-.\~~ ,- """ '(."";1, .",'"r.-r.-' ~~';':::""~"-"-1'-r~"':'''''''Y-;_.'''''''',..~l(-~1f.~I'~"~\i'i;;r.::t ~:-~~ ~:-~'~:. ~ _ :~ ~:.f~i:; ~~{ :J!~;1~~~-:.$:~~J ~~:t:'t~~;.1~~j~\f;:f4i-tt~'r~~0~~)~&~'~)1;'{?~~~~f;i;~:r;~;~};{i'~ J;.~~;";,~ j ."" ,.. ,- '. 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III @l '0 -.... ~ c ~ . ~ _ r.-, "I-' 1.:1 \ ~ ~ I e :_. ~ee~, . -;'-.~ROSA r --~----- ~~ A't~~~:lE~ I , IIU! I I ~J ",. .' . I ~" I I", i @ ': l ",I. e e e @ 11.1,1 to. . @ ~.p _ ,--- ~ eo, "; t - @) Sf-: . , _u"'~__ # . 12 II II to Illl .. tI ." .. ~ . G\ c.-" 'j lit b-_:"~\__n '\ IV+- . --- 0 N \,'.' . I6lI _. , I. " 'I' If;J/ ~ . ill, "", 1..1'1 '1l '--e--~ '" , i I o :i- "..... .. 11 ... I "I ",I/~ @ ~"~ij) I ~ 1II1 110 I 11 I .. I .. I , ~ ___-j__.i!L "'''. 1 I I !I . tn. : 1:1,' I ' -., ~ t ~ I I I I ' " , ~~. I I 1 . ~--+"" "I" @, ~ @t @-. , @. l; l : . If;",,," ~ "' 0" ';'" I @ ~ "___+_@l ..--w."OOD RDAOI . (/IoUJ ~ II ' , /' ~'. \ ' , , 'j[---t-"r.t" '" 1 " , ' '" ""J '" @, (!) ",. 11.8 @: l : PI I.JT ~ I t .' ... +-"'. ~ ~ ~ · . '" EJ, , ~ ... ~ III C( 1'1" '" It ~ II ~ :t 2: t a 0 a I a I" a B. . @ ,,----'---6j~ - . -f-, ~. ir.>,so :- .~. .I~ ~; . 1.1 I -~'Z APROUI! ) I L~'" ("N" /7UO .. \. \!V~. 0I.4U @ ":~lI.l ~ Assmors Mop' ~~~: Pat T~JII)( knoll rt N~. 2856 II.B.m71.79 9ook278 P0ge08 ,/lO,IIl III III S01!8ernordinoColRlly =':" J!<lrcU9U =\;. .'" ..-.-.-.,..,....,..."".,-- .. ,.. " ~ .Q ., ' _" 0 t~'li~ >c. tIl <<. t . III . " % ~ . .. tIl . . ~ 0 " ~ ?t~~\\\it \ - ~ .." - Recorded, Request.,d By, aud Wheu Recorded Rdurn To: Ornnipoint Commur. ications Inc. 3 Imperial Promenade, Suite 1100 Santa Ana, CA 927('7 Attn: Lease Adminh;tration MEMORANDUM OF LEASE This Memorandum of Lease with option ("Memorandum") dated as of is entered into between ("Landlord") and Omnipoint Communications, Inc., a Delaware corporation, a subsidiary of T-Mobile USA, Inc. ("Tenant") regarding a portion of the property. ........ See Attached Exhibit "A'.' incorporated herein for all purposes The Option is for a term of months after the date of the Lease with up to one additional _ months renewal ("Optional Period"). The Lease is for a term of L....J years and will commence on the exercise of the option period. Tenant shall have the right to extend this Lease for additional Five.year terms. This memorandum is solely for the purpose of giving constructive notice of the Lease. In the event of a conflict between the terms of the Lease and this Memorandum, the terms of the Lease shall control. [SIGNATURE PAGE FOLLOWS] ...., """'" IN WI1NESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign. Landlord: Tenant: By: By: Printed Name: Printed Name: Title: Title: Date: Date: 'WI' ,.. Exhibit A -- Legal Description of the Premises APN: ..... ,.." -- State of California ) County of ) On _ before me, (here insert name and title of the officer), personally appeared , personally knovm to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed ":he instrument. WITNESS my hand and official seal. Signature (Seal) .... State of Califomia ) County of ) On before me, (here insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whos.: name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 'W' LEASETRANSMUTTAL - Date Turned In: Site Number: <S ,te Number> Site Name: <Site Name> Market: <Market> Site Acquisition Coordinator: <NAME OF COORDINATOR> 1.4 trached nlease find: !Market Information 2. Landlord-signe:lleases Market Entity Name: <Market Entity Name> 1 Landlord-signe:l/notarized memorandums Type of Entity' <Corporation Or Limited Liability Co> D Owner Authorization Agreement Market address: ~arketJ\ddre~ D Landlord-signed W-9 <City>, <State>, <Zip> Director Name: <Director Name> D Authorizatior to sign lease (if applicable) Director Title: <Director's Title> andlord inFormation Landlord Name: <Landlord Name> 2nd Landlord Name <and> <2nd Landlord, if any> Additional Mailing Address (if any) Mailing J\ddress: <LLMailingA.ddress> Mailing Address: <Name and Additional Mailing Address> Phone Number: <Telephone> Phone Number: <Telephone> Fax Number: <Facsimile> Fax Number <Facsimile> <!ite Information nation Terms Site J\ddress: <Site Address> Option Amount: $100.00 = One hundred dollars <Site City/County/StatelZip> Option Tenn: twelve (12) months Square Footage: square feet Option Renewal Amt: S100.00 = one hundred dollars Parcel Number: <Assessor's Tax Parcel Number> Option Renewal Term: twelve (12) months . . ,.., ease Terms Payee Name: <Payee (i.e. to whom is rent check made out?) > Rent }\mount: $] 00.00 = one hundred dollars Rent Frequency: Monthly Rent Increase; 2% = two percent Lease Term: five (5) years Renewa.l Terms: five (5) additional five-year terms Cancel Terms: sixty (60) days prior Insurance: One MiIlion(S 1,000,000.00) Comments No Non-Standard Terms Approved by: Real Estate Manager Date General Manager/Director Date Legal Department Date Vice President (if applicable) Date ...., SITE LEASE WITH OPTION - THIS SITE LEASE WITH OPTION (this "Lease") is by and between <Landlord Name> <and> <2nd Landlord, if any> ("Landlord") and <Mhrket Entity Name>, a <Corporation Or Limited Liability CO>("Tenane'). 1. aotion to Lease. (a) In cons deration of the payment of one hundred and nollOO dollars ($100.00) (the "Option Fee") by Tenant to Landlord, Landlord hereby grants to Tenant an option to lease the use of a portion of the real property described in the attached Exhibit A (the "Propfrty"), on the terms and conditions set forth herein (the "Option"). The Option shall be for an initial term of twelve (12) months, :ommencing on the Effective Date (as defined below) (the "Option Period"). The Option Period may be extended by Tenant for an additional twelve (12) months upon written notice to Landlord and payment of the sum of one hundred and nolI 00 dollars ($]00.00) ("Additional Option Fee") at any time priorto the end of the Option Period. (b)'During the Option Period and any extension thereof, and during the term of this Lease, Landlord agrees to cooperate with Tenar t in obtaining, at Tenant's expense. all licenses and permits or authorizations required for Tenant's use of the Premises (as defined below) from all applicable government and/or regulato!)' entities (including, without limitation. zoning and land use authorities, and the Federal Communication Commission ("FCC") ("Governmental Approvals!'), including all land use and zoning permit aI,plications, and Landlord agrees to cooperate with and to allow Tenant, at no cost to Landlord. to obtain a title report, zoning approvals and variances. land-use permits, and Landlord expressly grants to Tenant a right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental investigations on the Property necessary to determine that Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system design, operations md Governmental Approvals. Notwithstanding the foregoing. Tenant may not change the zoning classification of the PropertY without flrst obtaining Landlord's written consent. During the Option Period and any extension thereof, Landlord ag-ees that it will not interfere with Tenant's efforts to secure other licenses and pennits or authorizations that relate to other property. During the Option Period and any extension thereof, Tenant may exercise the Option by so notifying Landlord in writing, at Landlord's address in accordance with Section 12 hereof. (c) If Tenant exercises the Option, then, subject to the following terms and conditions, Landlord hereby leases to Tenant the use of that portion of the Property sufficient for placement of the Antenna Facilities (as defined below), together with ~ all necessaIy space and easements for access and utilities, as generally described and depicted in the attached Exhibit B (collectively referrecl to hereinafter as the "Premis~s"). The Premises, located at <Site Address>, <Site City/County/State/Zip>, comprises approxim:itely square feet. 2. Term. The initial term of this Lease shall be five (5) years commencing on the date of the exercise of the Option (the "Commencement Date"). and terminating at midnight on the last day of the month of the initial term (the "Initial Term"). 3. Permitted Use. The Premises may be used by Tenant for the transmission and reception of radio communication signals and for the ,:onstruction, installation, operation, maintenance, repair, removal or replacement of related facilities, tower and base, antennas, nicrowave dishes, equipment shelters and/or cabinets and related activities. 4. Rent. Tenant shall pay Landlord, as rent, one hundred and nol100 dollars ($100.00) per month ("Rent"). Rent shall be payable within ':wenty (20) days following the Commencement Date prorated for the remainder of the month in which the Commencement Da:e falls and thereafter Rent will be payable monthly in advance by the fifth day of each month to <Pavee Ii.e. to whom is rent chl~ck made out?) > at Landlord's address specified in Section 12 below. If this Lease is terminated at a time other than on the last day of a month, Rent shall be prorated as of the date oftennination for any reason (other than a default by Tenant) and all prel,aid Rent shall be immediately refunded to Tenant. 5. Renev1!l. Tenant shall have the right to extend this Lease for five (5) additional, five-year terms (each a "Renewal Term"). Each Renewal Tenn shall be on the same terms and conditions as set forth herein, except that Rent shall be increased by two percent (2%) of the Rent paid over the preceding term. This Lease shall automatically renew for each successive Renewal Term unless Tenant notifies Landlord~ in writing, of Ten ant's intention not to renew this Lease, at least sixty (60) days prior to the expiration ofth:: Initial Term or any Renewal Term. If Tenant shall remain in possession of the Premises at the expiration of this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a month-ta-month tenancy under the same terms and cor ditions of this Lease. 6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord, or lessees or licensees of Landlord with equipment installed prior in time to Tenant's installation. Similarly, Landlord shall not use, nor shall Landlord permit its lessees, licensees, employees, invitees or agents to use, any portion of the Property in ~ any way which int ~rferes with the operations of Tenant. Such interference shaJJ be deemed a material breach by the interfering part), who shall, upon written notice from the other, be responsible for terminating said interference. In the event any such SileNumber: <Sitl~ Number> 1 CAversion7.6.05 Site1\ame: <Sil,:;"iame> Market: <i\'hrket> interference does nol cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court - action to enjoin such interference or to terminate this Lease immediately upon written notice. 7. Imorovements: Utilities: Access. (a) Tenant :;hall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities necessay to operate its communications system, including, without limitation, radio transmitting and receiving antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines and a location based system, includmg, without limitation, antenna(s), coaxial cable, base units, location based systems, and other associated equipment (collectivdy, the "Antenna Facilities"). Tenant shall have the right to alter, replace, expand, enhance and upgrade the Antenna Facilities at any time during the term of this Lease. Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances, and shall discharge or bond any mechanic's lien filed or recorded. Landlord acknowledges that il shall not interfere with any aspects of construction, including, without limitation, attempting to direct construction personnel as to the location of or method of installation of the Antenna Facilities and the Easements (as defined below) ("Constructkn Interference"). Landlord further acknowledges that it will be responsible for any costs and damages (including, tines and penalties) that are directly attributable to Landlord's Construction Interference. The Antenna Facilities shall remain the exclusive property of Tenant and shall not be considered fixtures. Tenant shall have the right to remove the Antenna Facilities at any time during and upon the expiration or termination of this Lease. (b) Tenant. at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities, including, without limitation, the construction of a fence. (c) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the Property in commercially re~;onable condition and repair during the term of this Lease, normal wear and tear and casualty excepted. Upon termination or expiration of this Lease, the Premises shall be returned to Landlord in good, usable condition, normal wear and tear and casualty excepted. (d) Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to use reasonable efforts in assisting Tenant to acquire necessary utility service. Tenant shall, wherever practicable, install separate meters for --- utilities used on the Property by Tenant. Landlord shall diligently correct any variation, interruption or failure of utility service. . (e) As partial c~nsideration for Rent paid under this Lease, Landlord hereby grants Tenant an easement in, under and across the Property for ingress, egress, utilities and access (including access for the purposes described in Section I) to the Premises adequate t(1 install and maintain utilities, which include, but are not limited to, the installation of power and telephone service cable, and tc service the Premises and the Antenna Facilities at all times during the Initial Term of this Lease and any Renewal Term (collectively, the "Easements"). The Easements provided hereunder shall have the same term as this Lease, (f) Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises ("Access") at an times during the Initial Term of this Lease and any Renewal Term at no additional charge to the Tenant. In the event Landlord, its employees or agents impede or deny Access to Tenant, its employees or agents, Tenant shall, without waiving any other rights that it may have at law or in equity, deduct from Rent amounts due under this Lease an amount equal to five hundred and noll00 dollars ($500.00) per day for each day thaI Access is impeded or denied. 8. Termir ation. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: (a) upon thirty (30) days' writteo notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within th,t thirty (30) day period; (b) immediately if Tenant notifies Landlord of unacceptable results of any title report, environmental or soil tests prior to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant is unable to obtain, maintain, or otherwise forfeits or cancels any license (including, without limitation, an FCC license), permit or any Governmental Approval necessary to the installation andlor 0 )eration of the Antenna Facilities or Tenant's business; (c) upon thirty (30) days' written notice by Tenant if the Property or the Antenna Facilities are, or become unacceptable under Tenant's desi~,n or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong; ,.., (d) immeCiately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as in Tenant's reasonahle judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Tenant shall be entitled to the Site Number: <Site.'\umber> 2 CA version 7.6.05 SileName: <Site 'lame> Market. <Marl<et> reimbursement of any Rent prepaid by Tenant IfTenant elects to continue this Lease, tben all Rent shall abate until the Premises and/or the Antenna Fadlities are restored to the condition existing immediately prior to such damage or destruction; or - (e) at the time title to the Property transfers to a condemning authority, pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation; or (I) upon thdy (30) days written notice by Tenant is Tenant determines that the Property or Antenna Facilities are inappropriate or unnecessary for Tenant's operations due to economic reasons. 9. Default md Ri2ht to Cure. Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity, each party shall have the righ~ but not the obligation, to tenninate this Lease on written notice pursuart to Section 12 hereof, to take effect immediately, if the other party (i) fails to perform any covenant for a period ofthirty (30) days after receipt of written notice thereofto cure. 10. Taxes. Landlord shall pay when due all real property taxes for the Property, including IIle Premises. In the event that Landlord fails to pay any such real property taxes or other fees and assessments, Tenant shall have the right, but not the obligation, to pay such owed amounts and deduct them from Rent amounts due under this Lease. Notwithstanding the foregoing, Tenant shall pay any personal property tax, real property tax or any other tax or fee which are directly attributable to the presence or installation of the Tenant's Antenna Facilities, only for so long as this Lease has not expired of its own terms or is not tenninated by either party. Landlord hereby grants to Tenant the right to challenge, whether in a Court, Administrative Proceeding, or other, enue, on behalf of Landlord and/or Tenant, any personal property or real property tax assessments that may affect Tenant. If Lan,jlord receives notice of any personal property or real property tax assessment against the Landlord, which may affect Tenant and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such assessment. Further, Landlord shall provide to Tenant any and all documentation ass:lciated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent ofthis Section :0. 11. Insurance and SubrOlmtion and Indemnification. ~ (a) Tenant "hall provide Commercial General Liability'Insurante in an aggregate amount of One Miliion and nol100 dollars (SI,OOO,OOO.O)). Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance Tenant may maintain. (b) Landlor:1 and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured ther~under. in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. To the extent loss or damage is not covered by their first party property insurance policies, Landlord and Tenant each agree tc indemnify and hold harmless the other party from and against any and all claims, damages, cost and expenses, including reasonable attorney fees, to the extent caused by or arising out of (a) the negligent acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifying party or the employees, agents, contractors, licensees, tenants and/or subtenants of the indemnifying party, or (b) a breach of any obligation of the indemnifying party under this Lease. Notwiths :anding the foregoing, this indemnification shall not extend to indirect, special, incidental or consequential damages, including, without limitation, loss of profits, income or business opportunities to the indemnified party or anyone claiming through the indemnified party. The indemnifying party's obligations under this section are contingent upon (i) its receiving prompt wri:ten notice of any event giving rise to an obligation to indemnifying the other party and (ii) the indemnified party's granting it thf; right to control the defense and settlement of the same. Notwithstanding anything to the contrary in this Lease, the parties he~eby confirm that the provisions of this section shall survive the expiration or tennination of this Lease. Tenant shall not be n:sponsible to Landlord, or any third~party, for any claims, costs or damages (including, fines and penalties) attributable to any pr':~existing violations of applicable codes, statutes or other regulations governing the Property, including the Premises. 12. Notic'~. All notices, requests, demands and other communications shall be in writing and are effective three (3) days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next-husiness-day delivery via a nation:tJly recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party. ~ Site Number: <Site Number> 3 CAversion 7.6.05 Site Name: <Site Nllme> Market <Mark~t> Ifto Tenant. to: With a CODY to: - T-Mobile USA, Inc. <Market Entity Name> 12920 SE 38" Street <Market Address> Bellevue, W A 98006 <City>, <State> <Zip> Artn: pes Lease: Administrator Artn: Lease Administration Manager With a copy to: Alln: Legal Dept. If to Landlord to: With a CODY to: <Landlord Name> <Name and Additional Mailing Address> <LLMailingAddress> 13. Ouiet Eniovment. Title and Authoritv. Landlord covenants and warrants to Tenant that (i) Landlord has full right, power and authority t.) execute this Lease; (ii) it has good and unencumbered title to the Property free and clear of any liens or mortgages, except those disclosed to Tenant and which will not interfere with Tenant's rights to or use of the Premises; and (iii) execution and perforrnance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Landlord. Landlord covenants that at all times during the tcrm of this Lease, Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period. 14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste (collectively, "Hazardous Substance") on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Landlord and Tenant shalt not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as requir,:d by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused solely by Tenant, thEt have occurred or which may occur on the Property. Each party agrees to defend, indemnify and hold harmless the other frem and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability (collecti"ely, "Claims") including, but not limited to, damages, costs, expenses. assessments. penalties, fines, losses, judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of finy H8Z8!dous Substance to other properties' or the release of'any 'Wf Hazardous Substance into the environment (collectively. "Actions"), that relate to or arise from the indemnitor's activities on the Property. Landlord agrees to defend, indemnify and hold Tenant harmless from Claims resulting from Actions on the Property not caused by Landlo~d or Tenant prior to and during' the Initial Term and any Renewal Term of this Lease. The indemnifications in this section specifically include. without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 14 shall survive the termination or expiration of this Lease. IS. .l\ssie:nment and Subleasine:. Tenant may assign this Lease and the Easements (as defined above) granted herein upon written notice to Landlord. Upon such assignment, Tenant shall be relieved of all liabilities and obligations hereunder and LandlJrd shall look solely to the assignee for performance under this Lease and all obligations hereunder. Tenant may sublease the Premises, upon written notice to Landlord. Additionally, Tenant may, upon notice to Landlord, collaterally assign or grant a security interest in this Lease and the Antenna Facilities, l"Uld may assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests, including their succ'~ssors or assigns (collectively "Secured Parties"). In such event, Landlord shall execute such consent to leasehold financing HS may reasonably be required by such Secured Parties. 16. SucceiSors and Assigns. This Lease and the Easements granted herein shall run with the land, and shall be binding upon and inure to th,~ benefit of the parties, their respective successors, personal representatives and assigns. 17. Waiv" of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof, which shall be deemed personal property for the purposes ofthis Lease, whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Secured Parties the right to r::move all or any portion of the same from time to time, whether before or after a default under this Lease, in Tenant's and/or Seclfed Parties' sole discretion and without Landlord's consent. 18. Misce lIaneous. (a) The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court ,., costs. including appeals, if any. Site Number: <Site Number> 4 CAversion76.05 Site Name: <Site Name> Market: <Malket> (b) Each par)' agrees to furnish to the other, within twenty (20) days after request, such truthful estoppel infnrmation as - the other may reasonably request. (c) This Lca;c constitutes the entire agreement and understanding afthe parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. (d) Each pOlty agrees to cooperate with the other in executing any documents (including a Memorandum of Lease in substantially the form attached hereto as Exhibit C) necessary to protect its rights or use of the Premises. The Memorandum of Lease may be recorded in place of this Lease by either party. In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees, upon request of Tenant, to obtain and furnish to Tenant a non-disturbance and attornment agreement for each such mortgage 0:- deed of trust, in a fann reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest in the Premises. Landlord agrees to execute such documents as the title company may require in connection therewith. (e) This Lease shall be construed in accordance with the laws cfthe state in which the Property is located. (f) If any term of this Lease is found to be void or invalid, such finding shall not affect the remaining terms of this Lease, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. Any questions of particular interpretation shall not be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. No provision of this Lease will be deemed waived by eilher party unless expressly waived in writing signed by the waiving party. No waiver shall be implied by delay or any other ac.: or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a waiver of such provis:on with respect to any subsequent matter relating to such provision. (g) The pen:ons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated. (h) This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. 'W" (i) All Exh:bits referred to herein and any Addenda are incorporated herein far aJl'purpases. The parties understand and acknowledge that Exhibit A (the legal description of the Property) and Exhibit B (the Premises location within the Property), may be attached to this Lease and the Memorandum of Lease, in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, Exhibits A, andlor 8, as the case may be, which may have been attached hereto in preliminary form, may be replaced by Tenant with such final. more complete exhibit(s). The terms of all Exhibits are incorporated herein illr all purposes. OJ If Landlord is represented by any broker or any other leasing agent, Landlord is responsible for all commission fee or other payment to such agent, and agrees to indemnify and hold Tenant harmless from all claims by such broker or anyone claiming through such broker. If Tenant is represented by any broker or any other leasing agent, Tenant is responsible for aU commission fee or 0 :her payment to such agent, and agrees to indemnify and hold Landlord harmless from all claims by such broker or anyone claiming through such broker The effecti',e date of this Lease is the date of execution by the last party to sign (the "Effective Date"). LANDLORD: <Ll.ndlord Name> By: Printed Name: Its: Date: ~ Site Number: <Site r~umber> 5 CAversion 7.6.05 SIte Name: <Site Name> Market: <Marl,et> LANDLORD: <2nd Landlord, ifany> - By: Printed Name: Its: - Date: - TENANT: <Muket Entity Name> By: Printed Name: <Director Name> Its: <Director's Title> Date: Approved as to form ~ ~ Site Number: <Site Number> 6 CA version 7.6.05 Site Name: <Site Name> Market: <!\Iark,~t> ADDENDUM TO SITE LEASE WITH OPTION [Additional Terms] - In the event ofconflicl. or inconsistency between the terms of this Addendum and this Lease. the terms cfthe Addendum shall govern and contro\. A II capitalized terms shall have the same meaning as in this Lease. NONE. LANDLORD: <Landlord Name> By: Printed Name: Its: Date: LANDLORD: <2nd Landlord, if any> By: Printed Name: Its: Date: TENANT: <M:lTket Entity Name> ....... By: Printed Name: . <Director Name> Its: <Director's Title> Date: ,.., Site Number: <Site l.iumber> 7 CA version 7.6.05 Site Name: <Site I,jame> Mar\..et <J'\.hrliet:> EXHIBIT A ...... Legal Description The Property is legally descrihed as follows: .., ,...., Site Number: <Site j\ umber> CA version 1.6.05 Site Name. <Sitel'"ame;> Market: <J\larl.et> EXHmIT B -- The location ofthe Premises within the Property (together with access and utilities) is more particularly described and depicted as follows: However, it is expressly agreed and understood by and between the Landlord and Tenant that the exact and precise location of the Tenant's Antenna Facilities are subject to review and approval by the planning andlor zoning Boards having jurisdiction over the "Premises". Therefore, it is expressly agreed and understood by and between Landlord and Tenant that the precise location of the Premises as shown on Exhibit "B" may be modified by the Tenant in order to comply with and obtain necessary planning mdlor zoning approvals, and any and all other approvals necessary for Tenant's intended use of the property. The Premises as described herein may tllerefore be modified by the Tenant to reflect the final engineering design. An amended Exhibit "8" (if necessary) will be provided by the Tenant and attached to the lease in place of the existing Exhibit "B", a copy of which will be provided to the Landlord for review prior to being incorporated into th, lease. ...... ...... Site Number. <Site [','umber> CA version 7.6.05 SileName: <Site r;ame> Market: <Marter> - CDM 2920 Inland Empire B )lIlevard Ontario, California 91 '54 ~ tet: 909945.3000 fax: 909945- 1333 October 6, 2005 Mr. Ron Buchwald, P.E. District Engir.eer East Valley Water District 3654 E. Highland Ave., Suite 18 Highland, CP. 92346 Subject: Proposal for North Fork Canal Replacement Project Preliminary Design Dear Mr Buchwald: As requested, we are pleased to submit this proposal for the preliminary design of the North ~ Fork Canal Replacement pipeline from the Santa Ana River to Plunge Creek. The canal in this three mile reach has experienced significant deterioration and a 30 to 36 inch diameter pipeline is proposed to replace the canal. The District is obtaining a FEMA grant for the design and c:mstruction under FEMA's Hazardous Mitigation Grant Program. A preliminary design showing the pipeline proposed horizontal and vertical pipeline alignment is required to confirm tr,e hydraulic feasibility of the new pipeline alignment, and to prepare a construction cost estimate. Attached to this letter is a scope of work which includes the following tasks: . Field Investigation and Data Gathering . Topographic Survey . Preliminary Plan and Profile Sheets . Preliminary Opinion of Probable Cost . Administration/Coordination/ Management We have pr'~pared a detailed cost breakdown, which is attached. The total ~ngineering cost for the preliminary design is $154,664. We will us one subcontractor for this project, Associated Engineers, to conduct the topographic survey, since they are working in the area and have a portion of the canal already surveyed. ~ NorlhFOlkPrcpOsaIL!lt1er consulting' en9in~ering' construction, operations - - Mr. Ron Buchwald October 6, 2005 Page 2 Our proposed schedule for the project is to start the work by mid October and complete all tasks by the end of January 2006. Thank you for allowing CDM to submit this proposal. We look forward to performing this work for you If you have any questions about the proposal, please contact me. VelY truly yours, ~/~~d4 Richard CorneiIIe, P.E., DEE Vice President Camp Dres,sE,r & McK~e Inc. .., ATTACHlvtI:NTS' ....... North ForkPropo5alLeller - North Fork Canal Replacement Project Prelilminary Design- Scope of Work ProjedtC>vervielV East VaLey Water District proposes to replace approximately 3 miles of the existing North Fork Canal, which is not covered, or has a loose rubble covering. The channel to be replaced runs east to west along the foothills of the San Bernardino mountains north of Greenspot Road, between the Santa Ana River on the east and Plunge Creek on the west The canal has a capacity of approximately 8.4 mgd (13 cfs) and will be replaced with a 30 to 36 in. dia. pipeline. The pipeline will be constructed in areas where special status species exist and mitigation measures to protect these species are necessary. The pipeline will not be located in the same alignment as the existing canal. The District has applied to FEMA and obtained an initial grant for the project through their Hazard Mitigation Grant Program. A preliminary design showing the pipeline preliminary horizontal and vertical pipeline alignment is required to confirm the hydrauLc feasibility of the new pipeline alignment, and to prepare a preliminary construction cost estimate. 1,0 DESIGN ~ 1,1 Field Investigation and Data Gathering Visit the site and walk the proposed realignment with District staff and the surveyor. Determine on-the-ground location of the proposed pipeline alignment proposed by the Dist~ict to minimize disturbance to special species. Determine latest status of development proposals along the alignment and obtain tract maps and other data from de>,eloper such as geotechnical evaluations and survey data. The District will assist in the data collection from the developers and land owners. 1.2 Survey CDM will subcontract the surveying work to Associated Engineers. The scope of the surveying will first be to locate the existing canal in areas where it has not been accurate,ly located todate, including both the horizontal and vertical alignment. Where required, the underground portions of the canal will be located using electronic radio equipment. The located points will be surveyed and tied into the overall project survey including invert elevations at all access points and at 100 ft intervals along the existing alignment. Existing survey monumentation along or near the alignment will be located to establish the location of changes in land ownership. Aerial survey topography will be obtained for all portions of the proposed alignment not cunently covered in the survey preformed by Associated Engineers for Centex. A 200 foot wide topographic strip map will be produced. The finished product will be 40 scale strip map and profile grid in digital AutoCAD format. ,.... CDM 1-1 - 1.3 Prl~pare Preliminary Drawings CDM will review the proposed alignment and elevations and perform a hydraulic evaluat,on to determine the gravity flow capacity in this reach of the pipeline and to confirm the pipe size. An overall hydraulic gradeline wiII be calculated. Preliminary plan and profile sheets will be prepared. Assuming a 1 inch equals 40 foot scale, up to 16 plan and profiles drawings wiII be prepared. A cover sheet and a survey and control sheet will also be included as part of the preIiminary design drawings. 2.0 Prl~liminary Opinion of Probable Cost A conceptual opinion of probable construction cost wiII be prepared during Task 1.1 Based cn the plan and profile sheets a preIiminary design level opinion of probable cost opinion of probable cost for the pipeline will be prepared. Cost assumptions wiII be doct.mented and actual construction conditions, including limited access wiII be considered. 3,0 Pruject AdministrationjCoordinationjManagement The project management scope includes daily informal project team interaction to maintain communication, communication and coordination with the District, attendance at meetings, and preparation and review of project budgets and invoices. Ibe project meetings in the scope include a Kick-off meeting and four additional. ~ meetings with the District. . Project Schedule The project will be completed by the end of January 2006, assuming a NTP by mid Octobe.r 2005. ~ CDII 1-2 -.... :re~ ~~ ~~~m~~~~~w~wwwmm"~ :~~s~~ : ., ""~. 'f-as ;:;;;0;0:;;:0;0:;;;:;;;0;:;:;;0;;;:;;:;;:;;:0 ~M ..~;z.~8o<'l ... ~ ::fco;; vi lli.nIl'l.n.nItlIl'lItllt}.IHn06.n\OII),".j.am :!''';MI'H-iM ;X g ~.... .... a. ~ ~~~~ WWM "MM""M................................................ ........................ ~ ,~ ' ~ ,... ,..: .... . 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Q\t~f1 AMENDMENT TO PROPERTY ACCESS AND RELEASE AGREEMENT Thi:l Amendment to Property Access and Release Agreement (Amendment) is rnade and entered into this of , 2005, by and between the METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation ("Metropolitan"), AND EAST VALLEY WATER DISTRICT, a public agency ("the District"). WITNESSETH: WHEREAS, Metropolitan and the District entered into a Property Access and Release Agreement on August 10, 1998 (Agreement); and WHEREAS, Metropolitan and the District seek to amend the Agreement as hereinafter set forth. NOW THEREFORE, in consideration of the rnutual promises of the parties hereto, and for good and valuable consideration, it is agreed as follows: . . ........ 1. Section 5, paragraph (c) of the Agreement is amended to read as follows: Metropolitan shall pay the District for the cost of all water used in connection with the Project at the prevailing rate that has been established by the District for its customers. As of the date of this amendment the prevailing rate is $1.01 per 100 cubic feet. 2. Section 16, paragraph (a) of the Agreement is amended to read as follows: Unless earlier terminated pursuant to the terms of the Agreement, the term of the project and Metropolitan's use of the Property as provided herein shall terminate December 31, 2009. 3. Except as herein amended, all other terms and conditions of the Agreement shall remain in full force and effect. ..., Amendment to Property Access and Release Agreement East Valley Water District .." IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their respective officers as of the date first above written. ACCEPTED: EAST VALLEY WATER DISTRICT DRAFT By THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Dennis B. Underwood CEO/General Manger By ~ Roy 1. Wolfe Manger, C.orporate Resources APPROVED AS TO FORM Jeffrey Kightlinger General Counsel By Deputy General Counsel By General Counsel 'W' J:row\ronmac\aucements\amendment to property access and release agreement.doc 2 .' W~ ~1YiC." ~flec+1.'(\ __27 J Y i . .' ~wD @ Pl.. ~q f~ q ~ . A~re~:t- - .' ...... '~ PROPERTY ACCESS AND RELEASE AGREEMENT ~ ~ . THIS AGREEMENT is made this l~ day of ~ ' 1998, 3 \bY and bet:ween the METROPOLITAN WATER DIST~ CT OF SOUTHERN CALIFORNIA, a public corporation (hereinaft:er "Metropolitan"), and ~ EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the ~ * District") . :) ~ ~ . RECITALS ;) . ~ ; A. Metropolitan is a metropolitan water district organized il t- . . ~ ~ and existinq' under the Metropolitan Water District Act of the State 5 ~ of California (Statutes 1969, Chapter 209, as amended) for the purposes of developing, storing, and distributing water for domestic and municipal uses. B. The District is a county water district org~nized and operating pursuant to California Water Code Section 30000 et seq. C. ','I'he District is the owner of approximately 2.72 acres 'of ~ ,real property located in the City of San Bernardino, County of San Bernardino, State of California, which is more particularly described i.n Exhibit A attached hereto and incorporated herein by this referE,nce ("hereinafter "the Property"). D. f.letropo1itan wishes to obtain access to the Property from the District for the purpose of constructing a water conveyance facility known as the Sand Canyon Pipeline which shall consist of approximately 6,000 linear feet of pipeline, a pumping station, and appurtenant: facilities (hereinafter "the project"). The details of the Project were documented in the Inland Feeder Project Final Environmental Impact Report and Environmental Assessment certified and approv'~d by Metropolitan 1 s Board of Directors in February of ..... 1993 (hereinafter "the EIR/EA") . , t . . '-' , '"'" ....... E. The purpose of this Agreement is to set forth the terms and conditi.ons under which the Dist.rict will cooperat.e in Met.ropolitan's const.ruction and operation of the project. COVENANTS NOW TH!:REFORE, in considerat.ion of the preceding Recitals and the mut.ual Covenants contained herein, the parties heret.o agree as follows: Section 1. PREMISES The DiE;t.rict shall provide Metropolitan with reasonable access to the Property as is necessary for the construction, operation, and maintenance of the Project in the limit.ed manner as strictly provided he,rein. Met.ropolitan has inspected the Property and agrees.that the acreage stated herein is only approximate and the ....., District dO.2s not hereby warrant or guarantee tq.e actual amount of acreage stated in this Agreement. Section 2. USE OF PREMISES Metropolitan's.use of the Property shall be strictly limited to those actions necessary for the construction, operation, and maintenance of the Project in accordance with the EIR/EA and the terms of this Agreement. Metropolitan agrees not to use or permit the use of the Property for any purpose not specifically authorized in the EIR./EA' or otherwise allowed in t.his Agreement and any amendments thereto without first obtaining prior written'consent from the District. Metropolitan also agrees to exercise due diligence in the protection of the Property from damage or dest.ructioIl by fire, vandalism, earthquake, floods, or other cause. ~ 2 v '-" , "-' Sectio~ 3. IMPROVEMENTS (al Construction. Metropolitan shall be responsible for the constru=tion, installation, maintenance, and repair of any and all facilities necessary for the Project. The Project shall be operated in a manner acceptable to the District and constructed at a location on the Property approved by the District and in compliance with all applicable laws, rules, regulations, statutes, and requirements of the District and any other entity with jurisdicticn over the activities conducted thereon. All costs and liabilities in connection therewith shall be borne solely by Metropolita,n. (b) Labor and Materials. Metropolitan shall be responsible, for providing all labor, materials" and . equipment ...., necessary to perform the work for the Project, and such work shall be performe~d in a timely and workmanlike manner so as to cause as minimal in':erruption as possible in the use and service of the District's facilities. Metropolitan shall obtain any and all permits anc./or authorizations that may be required for the proj ect. :c) Insoection. The District shall review and approve all plans, drawings, specifications, and contract documents for all work to be performed on the Property under this Agreement prior to the commen<:ement thereof. All such work shall be performed by a party or entity acceptable to the District. The District shall inspect and approve all work to be performed on the Property under this Agreement. However, any approval by the District of such ~ work, or of the designs, specifications, reports. and/or materials 3 - ""'" "-'" furnished hereunder, is understood to be conceptual approval only and will not operate to relieve Metropolitan or its contractors, consultante:, or subcontractors of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry s:andards, or their own willful misconduct. Further, neither the District's review, approval, or acceptance of any of the work 0::' services performed in connection with this Agreement shall be c()nstrued as a waiver of any rights hereunder or of any defense or ca~se of action which it may have arising out of the ~erformance of this Agreement or any previous or subsequent agreements. ~d) ,. Relocation. If the' District or any other duly- ~ 'empowered lmtity determines that, the improvements construct-.ed by Metropolitan, or any part thereof, require repair, replacement, protection,. removal, and/or relocation, such action shall be performed by Metropolitan, at its sole expense, and in the manner required by the District, approved by the District, and subject to the protections otherwise afforded to the District under this Agreement. (e) Restoration. At the end of the Term as defined in Section lE; of this Agreement, Metropolitan shall remove all equipment, facilities, and improvements it has caused to be placed on the Property, and shall restore the Property to its condition prior to the date of this Agreement, free and clear of any and all <IW" liens and/~r claims. 4 "'" -...I - Secticn 4. NO WASTE. NUISANCE . OR UNLAWFUL USE Metropolitan shall not commit, or allow to be committed, on the Property any waste thereon, nor the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial, or disposal of any hazardous substance which is or becomes listed, regulated, or addressed under any federal, state, or local statute, la.w, ordinance, resolution, code, rule, regulation, order or decree, nor create or allow any nuisance to exist on the Property, r..or use or allow the Property to be used for any unlawful or unconsti.tutional purpose. Metropolitan, at its sole cost and expense, shall be solely responsible for ensuring that the Property, and Metropolitan'S use and occupancy thereof, complies .with all e,f the requirements of all local, state, and federal . . 'WI authoritie~; now in force, or which may be in force, inCluding but not limited to those identified in Section 14 of this Agreement. Section 5. METROPOLITAN'S FINANCIAL RESPONSIBILITIES In adc.ition to all other obligations imposed upon Metropolitan under this Agreement, Metropolitan shall be responsible for payment of all of t:he following: <a) Base Fee. Metropolitan shall pay a monthly fee of $500.00 on the first day of every month during the Term, as defined in Section 16 of this Agreement, which payment shall be deemed delinquent on the fifteenth day of each month. [b) Service Connection. Metropolitan shall pay to the District a service connection fee of $79,260 on or before September T ~ 1, 1998. 'WI 5 '-" v - (cl Water Rates. Metropolitan shall pay the District for the cost of all water used in connection with the Project at the rate of $0.80/100 cubic feet. (dl Pro;ect Costs. Metropolitan shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection. operation, maintenance, repair, and relocation of the project, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design of the Project, (el Charges. Metropolitan shall comply with all rules, regulations, resolutions, and ordinances of the District that are currently in place or may hereafter be adopted, and shall pay when due any anc. all fee's, deposits, charges, rates, . fines, penalties, ,.., taxes,. and/or assessments that may be levied bythe.District. Sectie.n 6. REPAIRS AND MAINTENANCE Metropolitan, at its own expense, shall have full and sole responsibility for. .all maintenance and repair of the Project facilities, and shall maintain, preserve, remediate, and keep the pl:opel:ty in good l:epair, working order, and lawful condition, and shall from time to time make all repairs, replacements, and improvements necessary to keep the Property in such condition. Section 7. FEES. TAXES. CHARGES. AND ASSESSMENTS Metropolitan shall install on the Property current meters to measure the amount of gas, electricity, water, phone, or other utili ty service consumed by Metropolitan, and the cost of such ,., metering and the installation, maintenance, and repair thereof 6 ...." . ~ - also pay shall be paid for by Metropolitan, Metropolitan shall when due all gas, water, steam, electricity, heat, power, telephone, refuse, and other charges incurred in the operation and maintenanc,= of the I?roj ect and the use, occupancy, abatement, and upkeep of the Property. Metropolitan shall also pay when due all property and excise taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property or any part thereof, and all special assessments and charges lawfully made by any governm~ntal body for any improvements on the Property, Section a. LIENS Metropolitan shall not, directly or indirectly, create, incur, ..... assume, 'or suffer, to exist any mortgage, pl'edge, lien, charge, citation, abatement order, 'encUmb'ranc'e, or claim on or with respect to the Property, other than the respective rights of the District and Metropolitan as provided in this Agreement and any amendments thereto, Metropolitan shall promptly, at its own expense, take such action as may be necessary to immediately discharge or remove any such mortgage, pledge, lien, charge, citation, order, encumbrance, or claim as the same shall arise at any time, Metropolitan shall reimburse the District for any expense incurred by the District to discharge or remove any such mortgage, pledge, lien, charge, citation, order, encumbrance, or claim. Secti.on 9', OTHER PROPERTY INTERESTS Metropolitan'S rights under this Agreement are subject to all .... applicable easements, licenses, rights of way, and mineral rights 7 ""'" '\wi ........ currently in existence. Metropolitan shall not interfere, in any way, with t~e interests of any person or entity that may presently hold any e,lsement, license, right of way, or cil, gas, or other mineral interest, upon, across, above, or under the Property; nor shall Metropolitan interfere, in any way, with the rights of ingress and egress of such interest holders. The District further reserves the right to grant additional easements, licenses, and/or rights of ~ray to other parties as may be deemed necessary by the District in its sole discretion. Any easements, licenses, permits, approvals, or rights of way required by Metropolitan for its use of the Property shall be obtained by Metropolitan at its sole cost and expense. Section 10. NON-DISCRIMINATION ~ Metropolitan shall not permit any practfce of discrimina~ion against, or segregation of, any person or group of persons on account of sex, race, color, creed, marital status, age, sex, religion, handicap, .national origin, or ancestry in its ownership, employment" selection of contractors, subcontractors, and vendees, or in the use of the Property. Secti"n 11. NO REPRESENTATIONS OR WARRANTIES It is expressly understood by the parties hereto that the physical c(mdition of the Property as of the effective date of this Agreement is such that the use thereof is provided to Metropolitan as-is with~ut any representation or warranty. The District makes no express or implied representations or warranties concerning the .., Property or its fitness for any particular purpose. Metropolitan 8 \wi "wi -- shall bear the costs .of any action necessary to place the Property in a condil:ion that meets the requirements of law or that is otherwise sl.litable for the use contemplated herein. The District shall not b,~ held liable to Metropolitan or to any other party for any losses incurred or damages sustained as a direct or indirect result of the condition of the property or any use or failure thereof. Section 12. LIABILITY FOR DAMAGES The District shall not be held liable or responsible for any debts or ,:laims that may arise from the' operation of this Agreement, or for any damage claims for injury to persons, including Metropolitan and its agents or employees, or for property damage, or for. other loss to any vehicle or the contents. thereof, ,.., . from any cause arising out of or in any way related to Metropolita.n I s obligations hereunder or its use or occupancy of the Property, including those arising out of damages or losses occurring c.n areas <l.dj acent to the Property. Secticln 13. RELEASE (a) Unknown Claims. Metropolitan hereby expressly waives and releases the District and its agents, officers, directors. and employees from any and all liability for the claims, actions, andlor losses set forth in Section 12 above and for any costs and expenses incurred in connection therewith. Metropolitan, notwithstanding the provisions of California Civil Code ~ 1542, which provides as follows: ,., III 9 v ...." '"'" "A general release does not extend to claims w;:lich the creditor did not know or suspect to e:lCist in his or her favor at the time of the executed release which if known by him or her molst have materially affected his or her s,=ttlement with the debtor." expressly wa.ives and relinquishes all rights and benefits afforded to Metropolitan thereunder and under any and all similar laws of any state c'r territory of the United States with respect to the claims, actions, and/or losses referenced above. This Agreement shall act ia.S a release of any claims that may arise from the aforementioned whether such claims are currently known or unknown. Metropolitan under'stands and acknowledges the significance and consequences such specific waiver of Civil Code ~ 1542 and hereby assumes full responsibility for any injuries, damages, losses, or .... liab~lity they may result from the claims identified above. (b) Future' Claims. This Agreement shall also act. as a release of any claims, actions, and/or losses set forth in Section 12 above that may arise in the future whether such claims are currently foreseen or unforeseen. Secticn 14. HOLD HARMLESS Excepting the sole or active negligence or willful misconduct of the District, Metropolitan agrees to indemnify and hold the District and its officers, directors, agents, and employees, harmless from and against all claims and liabilities of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on the part of MetropOlitan and/or its agents, guests, invitees, trespassers, contractors, consultants, and ~ employees :.n connection with the performance of their obligations 10 """ v "" under this ;~greement or their use and/or occupancy of the Property, and defend the District and its officers, directors, agents, and employees from any suits or actions at law or in equity and to pay all court c~sts and counsel fees incurred in connection therewith. In addition, Metropolitan agrees to defend, indemnify, and hold the District and its officers, directors, agents, and employees harmless from and against and all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs, expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and accountants) , and all foreseeable and unforeseeable consequential damages which might arise or be asserted as'ainst. the District and/or Metropolitan, with regard to ~ the condition of the Property or the activities.conducted thereon, . . . which are alleged and/or determined to be tortious and/or in violation of present and future federal, state, and local laws (whether under common law, statute, rule, regulation, or otherwise) , including, but not limi ted to, the California Environment:al Quality Act (CEQA) , Public Resources Code Section 21000 et Sf~q. , and the Guidelines adopted thereunder, California Code of R'~gulations Section 15000 et seq. ; the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) , 42 U.S.C. ~!l 96601 through 9657, inclusive; Transportation of Hazardous Materials and Wastes (HMTA) , 49 U.S.C. App. !l!l 1.801 through 1813, inclusive; the federal Resource ..... Conservation and Recovery Act (RCRA) , 42 U.S.C. !l!l 6901 through 11 ....., ....., "'" 6992, inclusive; 40 Parts 260 through 271, inclusive; the C.F.R. California Hazardous Substance Account Act (HSAA) , California Health and Safety Code !is 25300 through 25395, inclusive; the California Hazardous Waste Control Act (HWCA), California Heath and Safety Code !is 25100 through 25249, inclusive; the Porter-Cologne Water Quality Control Act, California Water Code !is 13000 through 13999.1.6, inclusive; and the Underground Storage Tank Act (USTA) , California Health and Safety Code !i!i 24280 through 242999.7, inclusive; all as the same may be amended from time to time. Section 15. INSURANCE (a) Coveraqe. Metropolitan is self-insured for $25 million agclinst any claim, loss, or damage that may occur as a direct or indirect: .resul t of Metropolitan I s use or occupancy of the .., Property Clr performance or. nonperformance .of . any acts or . . obligations arising under this Agreement, and maintains $75 million of commercial liability insurance in excess of the self-insurance retention. Metropol.itan shall maintain this self-insurance program in full force and effect during the Term as defined in Section 16 of this Agreement. (b) Policv Requirements. The District shall not be liable or responsible for the payment of any premiums or assessments: for the insurance coverage required under this Agreement. Insurers shall have at least an A15 policyholder's rating in accordance with the current Best's Kev Ratina Guide or equivalent. In addition, any and all insurers must be authorized ~ to conduct business in the State of California, as evidenced by a 12 ""-' -.....I - listing in the official publication of the Department of Insurance of the Stal:e of California. Certificates of insurance and endorsements, acceptable to the District and verifying the insurance coverage required by this Agreement, shall be filed with the District on or before July 1, 1998. The District reserves the right to require complete and accurate copies of all insurance policies rec~ired under this Agreement. The such policies shall include as additional named insureds: the District, its Board of Directors, officers, employees, representatives, and agents when acting in their capacity as such in conjunction with the performance of this Agreement. These policies shall be primary insurance aE: to the District so that any other coverage held by the District shall not contribute to any loss under Metropolitan.'s. ~ insurance, and shall contain language the effect that . the to insurer wai'/es the right of subrogation against the District and any of its directors, officers, employees, representatives, and agents. Each insu~~nce policy shall also specifically identify this Agreement and contain a clause which provides that the policy may not be canceled or changed without first giving thirty (30) days advance written notice to the District. In the event any policy of insurance expires at any time during the term of this Agreement and any extension thereof, Metropolitan shall provide the District with a new certificate of insurance at least thirty (30) days prior ':0 said expiration date evidencing coverage as required herein for i~ period of time not less than one (1.) year. Failure on ...... the part e,f Metropolitan to keep in effect at all times the 13 ~ "-' - insurance c()verage required by this Agreement shall constitute a material breach of this Agreement such that the District may terminate il:S obligations thereunder or, in its sole discretion, the District: may instruct Metropolitan to immediately suspend all activities on the Property until Metropolitan achieves full compliance Idth its obligations hereunder. Section 16. TERM (il) Firm Term. Unless earlier terminated pursuant to the terms of this Agreement, the term of the Project and Metropolitan'S use of the Property as provided herein shall be for a period o:E five (5) years, commencing on July 1, 1998, and expiring on June 30, 2003 ("the Term"). (b) Holdina Over. Any hOlding over after the expiration --- or terminatj.on of the Term shall o.therwise be on the same terms and conditions set forth in this Agreement. If a holdover occurs, Metropolitan shall continue to remit to the District on a timely basis all f"es set J:.orth in Section 5 of this Agreement. Section 17. SUSPENSION AND TERMINATION (a) Force Maieure. Any obligation on the part of Metropolitall and the District to perform any of their respective obligations hereunder shall be excused in the event that such performance is interrupted for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, court order, natural disasters such as floods, earthquakes, landslides, and fires, and other labor disturbances and other catastrophic events which are beyond their reasonable control. ,.,. 14 : "-of ....., --- (b) District Discretion. Metropolitan agrees that the health, saf:ety, and welfare of the District's customers 'is paramount and supersede Metropolitan's use of the Property as contemplated herein, and that the Project shall be only entitled to water that is in excess of the needs of the local community. Therefore, ~otwithstanding any provision herein to the contrary, the Oistrict may terminate or suspend its obli~ations under this Agreement Ol~ any extension thereof, without penalty of any kind and without dispute or objection by Metropolitan, if Metropolitan fails to timely remit all costs, fees, expenses, deposits, charges, rates, fines, penalties, taxes, and/or assessments levied by the District, or otherwise fails to adequately comply with any of the terms .and conditions set forth in this _ Ag.reement, or if the ~ District determines in its sole discretion that the termination or . . suspension ~f its obligations hereunder is in the best interests of the District. (c) Metropolitan Discretion. Metropolitan may terminate this Agreement only upon compliance with the following conditions: (J.) Furnishing the District with written notice thereof at least sixty (60) days prior to the date of termination; (2) Completely satisfying all of the requirements contained in Section 3(e) of this Agreement prior to the date of said termination; and (3) Ensuring that all costs and liabilities of the District in connection with the Project are fully covered by Metropolitan. 1/1 <ilW' III J.5 '"' v . - Section 18. EFFECT OF DISTRICT'S WAIVER Any failure by the District to enforce any provision of this Agreement, or any waiver thereof by the District, shall not constitute a waiver of its right to enforce subsequent violations of the same or any other terms or conditions herein. Section. 19. CONDEMNATION OF PROPERTY Should all or any part of the Property be taken by any public or quasi-public agency or entity under the power of eminent domain during the Term of this Agreement, the following shall apply: (a) Termination. The District or Metropolitan may terminate this Agreement by giving the other party sixty (60) days written notice of termination. (b) Allocation of Damages. Any and all damages and .. ..., compensation awarded or paid because of the taking shall belong to the District. Section 20. NOTICES Any notice, tender, or deli very to be given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated as of the date of mailing or as of the date of actual receipt in the case of personal delivery. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section. III ~ III 16 ., ........ '-' . ...., If to Metropolitan: Metropolitan Water District of Southern California 350 S, Grand Avenue, 8th Floor Los Angeles, CA 90071 Attn: John Shamma If to the District: East Valley Water District 1155 Del Rosa Avenue P.O. Box 3427 San Bernardino, CA 92413 Attn: Robert E. Martin General Manager Section 21. DISPUTES Any dispute or controversy arising out of, under, or in connection with, or in relation to this Agreement, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitte,d to arbitration in accordance with the California ~ Arbitration Act, Sections 1280 through 1294.2 of the Code of Civil Procedure. The cost of such arbitrati'on shall be paid by the parties equally; however, the prevailing party in the arbitration shall be entitled to reimbursement of its attorneys fees and other costs incurred in c~nnection therewith. Section 22. ATTORNEYS FEES If a dispute arises which cannot be resolved by arbitration, regarding t:he breach or enforcement of the provisions of this Agreement, the prevailing party therein shall be entitled to recover all attorneys fees or other costs actually incurred in connection '~ith reaching a resolution of the dispute whether or not an action, :laim, or lawsuit is filed. In any action brought, the entitlement to recover attorneys fees and costs will be considered ~ an element of costs and not of damages. 17 . """ ......, . - Section 23. INUREMENT This Agreement and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, Metropolitan, the Dis trict" and their heirs, successors, legal representatives, and assigns. Section 24. ASSIGNMENT This Agreement may not be assigned to any ind~vidual or entity except the District without the written consent of the parties hereto. Section 25. INTEGRATION AND AMENDMENT This AHreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes <lny and all prior agreements, whether oral or written, ~ between the parties in connection therewith. This Agreement may not be amended unless in writing and signed by the parties hereto. Section 26. CAPTIONS The captions of ,sections and subsections of this Agreement are for reference only and are not to be construed in any way as a part of this Agrl!ement. Section 27. INTERPRETATION AND ENFORCEMENT This )\,greement shall not be construed against the party. preparing it, but shall be construed as if both parties jointly prepared th:.s Agreement and any uncertainty or ambiguity contained herein shall not be interpreted against any one party. This Agreement shall be enforced and governed by and under the laws of ,., the State of California, and venue for any action brought to 18 ....., '-" . - interpret and/or enforce any provision of this Agreement shall be in a state or federal court located in the State of California with in rem jurisdiction over the Project. Section 28. COONTERPARTS This ~greement may be signed in counterparts, each of which shall constitute an original, but all of which together shall be one and the same document. Secticn 29. TIME OF THE ESSENCE Time i.s of the essence in this Agreement and each and every 'provision thereof. Secticln 30. AUTHORITY Each individual executing this Agreement on behalf of a party ........ hereto represents and warrants' that they are fully and duly .//1 //1 /1/ III III III /1/ III /11 /1/ /// 1// ..... 1// 19 .. ~ ....., . '" - authorized and empowered to so execute on behalf of such party. IN WI'l'NE:SS WHEREOF, the parties hereto have caused this Agreement 1:0 be executed by their respective officers as of the date first above written. ACCEPTED: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA EAST VALLEY WATER DISTRICT John R. Woodraska ~. GeneJ:',H Manager . By ~~i'" . dward S. Negrete President, Board of Directors APPROVED AS TO FORM: Brunick, Alvarez & Battersby N. Gregory Taylor Steven N. Kennedy General Counsel ...., BY:~~&-~ By: ~~v~~~ f-1Jt<<cW General Counsel Deputy Genc~d2 Counsel Date: Date: ..., 20 1\ssociation of the OFFICERS DIRECTORS EARL TILLMAN, JR. r GERALO W. SMITH President (Baldy Mesa Water District) (WestVallay Water District) KIMBERLY COX KATHY COCHRAN (Mojave Water Agency) Vice President (Victor Valley Water District) RICHARD LUPTON (Hesperia Recreation & Park District) HENRY L. ("HANK") STOY SecretaryfTreasurer "'~-'." 'P'i'\ MiCHAELL.MARTIN 000 Bernardino County (Cucamonga Valley Waler District) ! (East Vah~y Resource Conservation District) 0pecial District C'!_-, '. ..:d:l DIANA ARAIZA V1..,; Administrative Secretary :....'7..\'1 ;~.;. '.' .. ,......':J' 1'" ';:. ::::! September 20, 2005 Dear Regular Member: The Annual Meeting and election of Directors will be held on November 21,2005. The Board will have four (4) seats open. For those interested in serving, please submit a letter with a one-page resume. A letter of recommendation must accompany this from your Board stating they will also support their candidate financially allowing him/her to attend all meetings. For your review, following are, excerpts from the Bylaws: .,. ARTICLE 11, Section 2. Voting Rights Each Regular Member shall be entitled to one (I) vote on all matters brought befor'~ the membership for vote. ARTICLE 111, Section 1 Number and Term of Office The Board of Directors of the Association shall consist of Seven (7) Directors. Each Director elected shall hold office for a term of two (2) years or until the election or re-election of his successor. It is the intent of the membership of the Assodation that Directors shall be elected so as to reflect as broad a geographical and different classification of Special Districts as possible. ARTICLE 111, Section 2 Qualifications of Election Directors shall be elected at the Annual Meeting of rnernbers. The Nominating Committee, appointed pursuant to these Bylaws, shall submit the names of at least as rn:my persons as there are positions open for the Board of Directors by the .,. Annual Meeting in November. Each Regular Member through its representative 1 5822 DATE AVENUE. RIALTO, CA 92377. (909) 874-5125. FAX (909) 875-7284. - shall have the right to nominate candidates from the floor for the Board of Directors. No person shall be eligible to be a Director unless such a person is an elected member of the governing body of a Regular Member (in good standing/paid up). The candidates receiving the most number of votes shall be elected as Directors. Voting shall be done by written secret ballot at the Annual Meeting provided. However, if a qUOrun1 of Regular Members is not present at the Annual meeting, voting shall be by mailed written ballot, which shall be returned to the Secretary not later than fifteen (15) days following the date of the Annual Meeting. Nominations will be accepted from the floor at the November meeting; however, you must have the letter of recommendation from your Board available at that time. Please submit your nominations prior to November 8, 2005 to: Diana Araiza 5822 Date Ave. Rialto, CA 92377 (909) 874-5125 ....,. E-mail: dmaraiza@adelphia.net Thank you! Norninatin~ Committee Earl Tillma:1 Kimberly Cox Richard Lupton ..... 2 - .".' ~'\.. ......~~, . . ~~!$H J .: ~.., -', '. . ~ ' . ~iRill ' .,. 'J::' ,',. - .- ":'.~:'''' ,- _~l..... .'. '~"""'~""_" _ September 1 0, 2005 TO: ALL MEMBERS IT'S THAT TIME AGAIN..... TIME TO BEGIN PLANNING FOR OUR MEETINGS FOR THE YEAR "2006" The meetings are held the third MOllday of the month, with August being a dark month with just the Board of Directors meeting. The Board has selected the month of March for the armual vendor fair. More details will be provided at a later date. .-' The board in selecting our monthly ho'sts has adopted the following procedure: . The member requesting a particular month and indicating it contact person must submit a letter. Also, you might want to indicate a second and third choice just in case the fIrst choice has already been taken. . The earliest postmark for a particular month will be the determining factor. . No verbal requests will be accepted. Responsibilities of a Host: . Locate and work with the restaurant / facility. . Arralge for the program. . Plan the menu. . Handle reservations and registration table the evening of the meeting. You will fInd more detailed information in the attached "Guide for Hosts". ,., If you would like to host a meeting, but are a little reluctant because you haven't done so in the past, ] will be happy to work with you, step-by-step, through the process. 1 - At this time the month of March has been assigned. The Board would like to have the 2006 Host List fmalized by the December meeting in order that the list can be mail out with the Minutes. Therefore, we would appreciate receiving your requests by December 9th. If you have :my questions, please feel free to call 909 874-5125 or 909518-6682 (cell). Yours truly, Diana Araiza, Administrative Secretary Association of the San Bernardino County Special Districts 5822 Date Avenue Rialto, CA 92377 DA:ab Host Request.doc ,..,. -' 2 - HOST GUIDE I Thaak you f., youf consid"atioa in hMliag ono of our ""oling', Wo 000 truSI this Guide will be of assistance to you in your preparations, o 0 o 0 MEETINGS The meetings aft: always held on the third Monday of the month. The social hour is from 6:00 p.m. to 6:45 p.m. with the meeting starting at 6:45 p.m. and dinner served shortly thereafter. It is recommended tl:e registration table be set up no later than 5:30 p.m. The meetings are adjourned no later than 9:00 p.m. HOST RESPONSIBILITIES 1. Determines Location: There may be anywhere frorn 80 - 115 who attend, therefore, you will need to select a location that has adequate banquet facilities and parking. The Host is responsi~le for any additional.charges by the facility such as room rental/set-up fee, ....... equijJmeo~t, etc. The Boa:d meets from 5:30 to 6:45 p.m. It is requested there be a separate room with a table and eight (8) chairs. However, the Association will not pay a charge for an extra room, and, if need be, will make other arrangements. 2. Menu: All dinner selections should include: entree, vegetable and/or potato, salad, dessert and beve:rage. ASBCSD is not allowed to pay for any liquor charges. Therefore, do not request a bar set-up in the meeting room. The lounge bar serves the purpose of providing drinks. When working with the restaurant, please request that seating is limited to no less than 6 or more then 8 at each table. If you ar'~ planning a buffet dinner, please have the food table(s) arranged so that people can pass along both sides to obtain their food. 3. Dinner Costs: Please try to keep these costs as reasonable as possible. There is usually less attendance when the dinner price gets over $24.00. 'llW When you receive a price quote for the dinner(s), be sure to add in tax and gratuity then add the Association's $2.00 to determine the final dinner cost(s) for the Announcement. Revised 11/15/04 1 - All checks received for the dinner should be made payable to the Association. Any checks made payable to your district/company should be signed over to the Association. The Hos/ is responsible for the cost of their meals. The Association pays for the following individual meals: a. The Association's Administrative Secretary and guest; and, b. The speaker and guest. 4. Head Table: Optional. If you do not have a head table, please reserve a front table with the podium :learby. 5. Reservations: A Reservation List should be prepared which contains the name of the organization and the individuals attending. It helps to have this list alphabetized by District/Cornpany and the individual names listed under their District/Company. This list should also indicate payments received and those who still owe. The final list is a useful tool to be used in checking people in on the night of the meeting. The Secretary will also collect and utilize your list to bill anyone making reservations and then not attending. ,...., (The Association is held responsible for the dinner unless they have cancelled prior to your District/Company giving the total number of reservations to the facility.) Do not call in more reservations than the number you have received or the host will be held responsible for these additional costs. All reselvations received after the designated deadline date, or anyone attending the diffi1er without having made reservations, are to be charged the additional $2.00 per person. (The Board hopes to discourage these actions.) 6. Registration table: The table requires two people in order to check-in the attendees, collect money, distribute dinner tickets, name tags, and write receipts, if they are requested. Registration table should have: L Your Registration List to check offthe people as they come in. If there are any walk-ins, also record their names and the amount paid. b. Receipt book (provided by ASBCSD c. Name Tags (provided by ASBCSD) and pens 'W" d. Cash box with at least $50 in change. Revised 11/15/04 2 - e. Dinner tickets if needed (provided by ASBCSD) Please instruct the facility to have the servers pick up these tickets when dinner is served and return them to you. That way we can double check the number of tickets collected against the number you show having attended. The Association pays the bill based on the number of tickets c,111ected or the RSVP's called in. 7. Program: The Host is requested to make arrangements for the program. However, a Program Committee is available to assist you, if desired. If you need assistance, please advise the Secretary as soon as possible to allow the Cornmittee adequate time to line up a program. 8. Equipment required: The American Flag, podium, and a public address system After the Meeti,ng the Secretary will meet with the registration helpers at the registration table and: a. Review the Reservation List, collect the cash/checks. (The cash should be counted by c,t least two people), and other supplies. b. Check the dinner bill against the number of tickets collected and RSVP's made. c. Pay the dinner bill. . ,.. d. Reimburse the Host for any prior deposit made: . DRAWING TICKETS The Association Board will appoint an individual to handle the selling of the drawing tickets at all meetings. PLEASE PROVIDE A COpy OF THIS "GUIDE" TO THE INDIVIDUAL WHO WILL BE MAKING ARRANGEMENTS AND WORKING WITH YOU ON THE MEETING. ~ Revised 11/15/04 3 .......... 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'" .... .... <D Wo enl- en I- a:~ 01- -w _W::i O::w e~<( C\I""'C")T""""- .... .... 0 ~J: .... ~5 -(J) o~ ela: 0:: a:: wo ~W ~:1:lt) E:~~ 0 :1:(/)0 g~ , a: 0 u.. ' N )0:;) ~en wo jJ: ~>lt: r-..l'-OJcavcoca~ll) '" :;:[5 !2.a::<( <0 WW ~t: cn...J zen <(<( ~_lt: ~cocn~~~r---.(O~ en W !eo<(<( en :OW ...J a: W ~Ol- ~:I.()cx)cooocoq-U')~ '<t :!.z<( <0 ~ elen za: ~-W oq" 0') OJ""" C\J M 1.0 ~:;:: 0 ,,,It:1- ~<(W <0 ~:o <tW~ <D a:: 0 '" -r-T"""C"')I.()C\JV ~::>..J .... en en ~w_ ~a:::I:: C\J C\I <t 0- ~ZLL <D <(a:u.. C'f"...CO o::::t'NC")T'"" r-....co 0 ~ C:JO (1/ ,.... ,.- C\J ,... .... I- Z co ~a::Z c") yo- 0 IJ') M L!') m m M C::>>O "'ttn'l:t'l:tI.(JC"")<Df'..f'.. co I- <t :r: ...J I- W>- f- <( Z ;.ro~rr.:;;:z...J(DO"I->O f- 0 <{W 0.. ::J::J::JWOOW 0 :0 -~ LL :;;: <( :;;: -, -, <( (f) 0 Z 0 f- EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR ~~' MONTH OF' ~ 1.dJ~ Board Meetings: q / 2 7 Date: J Organization E: U. W,t) Descriptiort- ')(fC-C/'d-! f3o~-f) Date: cr.! Ii_Organization Ii t L..l (1},.,4. Description <LJ7f/lJIT H IN1- ~ t1 J .A If I ( Date: Organization ( ~,(1--, /T7 Description Date: !l/Y Organization 4 , C, uJ.~ Description / ( i I Date: ,~ Organization Description ~; (~ '..;.,.... .. Date: .~..(~:.;:;i or~~PJ~tiOi\ :'f.~ Description Date: 'It'!!t>Arn1i ':~~! . Description ~~':{~i~~ ,'.. 1~~~tW;0~~)~'t, _/",:_ r" -Lu ~,', iF ~~, ~ :\ Dat~:~,,~;;, , .1. ,ani21l~~!:",.. .. '. ,,'~~~~iptiorl :.0 ; lli f' · 'l:1.,~J;" Ley; ;Ii~r~.ukl' ~;'!*f. Date: ,~; _~saniza'tiQtl (' ,; cA',Mijjf~." mesc-'iPtign iY'."~''0 ~t(i~3#-:f1J::--~-: .-:~.i. "~~_:' '\.o( ~'.;.~-' <,~; '~*,~.' ~~~_ ::~~,:~ ~:> " ?: ~. Date: Qiganizati6n Di:lscription Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGSp--@125,OO each_ $ 7~O Personal Auto: / c;:() Miles x .485 per mile_ $ y?, SO Parking Fees c&-- $ Total LodQinqs. Meals & Other: (Details on Back) $ 42. S:-5 Total Director's Expenses $ 13 CJ.,3 5 ~ Total 0;_'" Mee1iog, & E""",,", $ Signed / 'Less any Advance Payments $ Date of Board Approval TOTAL DUE DIRECTOR $ Y s< () g ~ .5 Directors Fees and ExPense Report doc c.:;. c.:;. If) c.:;. <:> <6 <6 .... VA <:> "<" "<" 'fJ, 0 .... m \0 'Z~ g. 0 <;j\uJ 0 ;:! 0 <:> g t 0 0 ~lf) <6 'A ~ \tJ 'd; .... I.>- .... .... .... \0 It> If) ~ .... <:> to to VA '" 0. ~ ~ ';; $ g 'Zm ... '" .... ~~ g <:> ~ <:> g, 0 g ~ ? <:> ti<t3 ~ .n It> .... 'd; "<" uJ u:> I.>- m '" "<", ...., If) '" g "<" .... <J) VA "<", 0 <J) .... \0 m .... ~~ g g ~uJ g. g .n .n t!l 'd; 'd; -" ~<t3 0 ~ '0 ~ '&.'C: uJ \l.- tio g g '5'0 0::'it<J) If) g ~ ~ uJ-<:> 'rA ~ \;(o~ 'Z ~\l.-J, uJ 00 -;'5<. g ~~~ g ouJ g :)4. 0 g g. 0 ",0 olf) ~ '" ,?CIl t!luJ 0 0 .... "<" 0 It> 'in U1 \0 I"- 4- I.>- uJ g 0 <:> If) 0 0 VA 'Z b'1C ~~\ g g ~ g 0 .n .n <:> ';; ';; 3 W,\s .n .... 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O~ ,,- m u.. 0 i\ w ~ <l:' .., Z .Q 0 ro ~ --' ~<l: <l: U$; l- Co 0 3<l: l- 0 0 0 (f,' 0 ~\ 0 "'~ 0 -' 0 <1' \J.i <' ",\ %~ g "5 0 ~ C,\ c:\ () ::J -' \ii "O~ \l\ g ~ 0- c<\ S2. %?: c<\o en ':=l~ C'1 to ,...J o~ <' ~ 0: .- '" ~ "r .- .- "n~ cO. '" ~ '" wtI ~ 0- ~ 4: <, '" ~~~ ~ '" <!l '& <t z'" WO ~~ Ul g g C(.'(g 0 g g Z .- O~ If}. ~1 ..... bee; Ul Ul III If}.fu u.. \,l.. Z -'>" S O.J. u..4 00 ~~ t~ <:( -. \O\.O\f)\f) 0 <- tll UlF 0000 r lj __Ci5c:l 4: lj U)..o-r~ ~--- o ':~ t:tOaJ~ L_ 0 ~ a l- \ tl.l ~ :1 ';:. c " 0 :) -,;:; ...." '.~ 0,- 's cC l- \3 ,<<l 4.0 i ,_ ~ 7? b 'ai-50 cootll l- <:(::J<!.<!l 0 0 0 () en ::i ~~ ~.. ~ J to. to. 'C"'"', 0 ;,;: ",,,,,,, <t \.l.1 "l'""~~ ~ 0 ~ o~ 0 ~ 0 ~ C) 0 ~ <3 uJ <& WO~ g ~ %~ 0 C) d~ ~o.. , g <0 ..." 0 t?i ~ 'tl 0- (/l <!. -mcg o..~ g8 0 Q' w ~ 0 (/leg <.) trio -n tt.O -m ",,10 ..... 0'" tt.~ \-:~ uJuJ ~uJ u..u.. Z tt.)- 0 o:i <.) u..() O(/l ~u: C) 4: ~ 101010 0 uJ\-: cgcgQ.Q.Q. (l) '4~~""~~' o~ <0<0<0<00; ~ '" \-:~ uJ -% 'a ~ '" .; " z '6'5'65 0 (l)(l)tOo __-Co :i 333-0;';: .c.c.c(l)~ t, ~~~c "",,"'<;1 I- ..J..J..J(/l EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT __:CTOR: ~1~lll!t MONTH OF: -~~- ;oard Meetings: 9 /1 S Conferences and Other Meetinas . Date: q/, Or~lanization EIIW]) Description ~ -4/ttLtt;/ , Date: '1)0 ' I' Or(lanization 7 bj/...J.,.,J ~ 1 ~ Description ~ ~/~ ~ Date: C;/u Orllanization 513 V,M WI) Description ~/~' Date: qj,."7 -7 QMOfljanization Cs j) I? Description ~ ~~ v Date: Description Date: Description ~~~ , .. ... 'i ,~fS1J-- ~ {'U ......... Date: ~ '~,%o""'. .~~ .. .--.-. Date: Organization Description Date: o 'ganization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGS ? @125.00 each_$ /{J{)d .~tJ "ersonal Auto: /61- Miles x .4!ffi 7'8'.5 per mile_ $ 7f< 5' 7 Parking Fees $ Total Lodainas, Meals 8, Other: (Details on Back) $ t./.1f9.'1h Total Director's Expenses $ ,) 2.f. 33 /;' ~"f ~ -~~, ,fi.ckr- ! 5' '? 3 J lotal Director's Meetings & Expenses $ I 2..', ) ~ - , Signed ~ (~ kf{Jf-l Less any Advance Payments $ . (,; ::1~ Date of Board Approval TOTAL DUE DIRECTOR $ !,16j3~ , Lodainas: (Receipts, attached) - Date:9J~7 'tY/2?~ Function Attended c:...s/) a ~ $ ~95"# Ph Date: _ Function Attended $ Date: _ Function Attended $ Date: _ Function Attended $ Date: _ Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ 39S'.ft Meals: (Receipt:) attached) Date: Function Attended (SOli 67~V:#:-L $ 5"3-'10 Date: Function Attended $ , ...., Date: Function Attended $ Date: Function Attended' $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ 5"3. f(J Other: (Receipts attached) Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ ~ SUB TOTAL $ TOTAL LODGINGS, MEALS AND OTHER $ 'I'I1,7/:' (Enter this total on the front of form) EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT RECTOR: Don Goodin MONTH OF: September. 2005 """" Board Meetings: 13. 27 Conferences and Other Meetinas Date: 1 Organization EVWD Description Special Meetina Date: 2 Organization EVWD Description Paul Dolter Luncheon Date: 19 Organization Special Districts Description Monthlv Meetina Date: Organization Description Date: Organization Description Date: ' Organization Description Date: " Organization Description Date: Organization Description Date: Organization Description ~ Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGS 5 @125,OO each_ $ 625,00 Personal Auto: 40 Miles x .485 per mile_ $ 19.40 Parking Fees $ Total Lodainas. Meals & Other: (Details on Back) $ 120,91 Total Director's Expenses $ V_cJy1) Au,L-.- Total Director's Meetings & Expenses $ 765,31 ~gned Less any Advance Payments $ Date of Board Approval October 11. 2005 TOTAL DUE DIRECTOR $ 765,31 I odainas: (Receipts .attached) ......... Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ Meals: (Receipts attached) Date: 19 Function Attended Special Districts $ 29,00 Date: - Function Attended $, --- Date: Function Attended $ - Date: - Function Attended $ Date: - Function Attended $ Date: - Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: - Function Attended $ Date: Function Attended $ SUB TOTAL $ 29,00 Other: (Receipt:, attached) Date: 26 Function Attended: CSUSB Text Books $ 91,91 Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ 91,91 ...., TOTAL LODGINGS, MEALS AND OTHER $ 120,91 (Enter this total on the front of form) EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT 'RECTOR: S turqeon MONTH OF: September 2005 - 13 & 27 & 1 Board Meetings: Conferences and Other Meetings Date: 8 Organization Amer. Trkg Assn. Description Conference Date: 9 Organization Insurance Corom. Description Meeting Date: 10 Organization Highland Days Description Booth Work Date: 12 Organization CVent Description Seminar Date: 13 C of C Description Breakfast Date: Description Breakfast ,,:9rom. Description Meeting -j\ F': ~rr' ~ ~ ~1teUiA" < , ~WJPtCWJ' ~ ,., <, , .~, _.~, . ..Il'..';:.; ...'''- _ ... ~- I '\ t/:escr.!Pe' Mee~ng .. .. ,~'l,'; aI, r~ LJ i S tr ~ ct: 'W' Date: ", ,,~jl.9.D. _, ' ,',. ,.." ,', Date: ' Organization Description Date: Organization Description ' Date: Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGS 10 @125.00each_$ 1.250.00 Personal Auto: Miles x .405 per mile_ $ Parking Fees $ Total Lodainas, Meals & Other: (Details on Back) --$ Total Director's Expenses $ ,... .(-cL---'" Total Director's Meetings & Expenses $ 1,250.00 -, Signed Less any Advance Payments $ Date of Board Approval 10/11/2005 TOTAL DUE DIRECTOR $ 1,250.00 . EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT ')'''''~CTOR: Ccl II.. SC,u MONTH OF: se.f't)(,- ,'~rd Meetings: "'/1) q/la.i '1/~7 !::onferences and Other Ml~etinas ' , Date: 9/? Organization u.s A w tt.A Description H&>vd-I, '.Y M f'j. Date: ,/q: 9/;9 Organization E v III D Description TJ. < c" hWl1' Hee . Date: q {I~ -'1/1'" Or~anization Ik w A Description t:;,...Io",,,,,, ct<'. ... ~a J1r/ P'<)I n f- Date: 'tbf Or9anization t.AFCo Description I1fJ ..,,: ,::>e/j AJC..o Date: E-I/ w n Description /'/'9 hi aHA /;"",e ScJ, A/AlQrd.s Description5Ac /"l~ ",;11, tu,lf-e..i ::>+...kDf(. fli<.: t>Y'oper fCLV''dI.Ue Description "F"" ~ II .. ,.,.... ' , . ,. ~ ~taPtl..a"" ., e y " A 1gesqrJ,ption !!f"""l!. " , 9, V Vat..er L,1~S"(r"iCl. ~ Date: , _, D!3~9ription _ _ ' Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description , Date: Organization Description TOTAL # OF MEETINGS /1. @125.00each~$ /t5"O.oo ?ersonal Auto: Miles x .405 per mile_ $ -'B-- Parking Fees $ ....:f7--. rotal Lodaings. Meals & Other: (Details on Back) $ ~712- Total Director's Expenses $ "!-36-'91- ~ '~ Total Director's Meetings & Expenses $ ! c;. eG. 't z:- ::>Igned ~;L/ _ Less any Advance Payments $ Date of Board Approval TOTAL DUE DIRECTOR $ it" giS', q 2- ; ._-... Lodainas: (Receipts, attached) - Date: 7'/ r:l;. o/t'f Function Attended Ar:aJ ,4 (&,IJ. ~&}fc:;e' $ ~:3s.cr z- Date: - FunctiOn Attended $ Date: Function Attended $ Date: Function Attended $ Date: ' _ Function. Attended $ Date: Function Attended '$ " Date: Function Attended $ Date: _ Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ 1.f3~9;?_ Meals: (Receipts attached) Date: Function Attended $ Date: Function Attended $ .... Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ -0 Other: (Receipts attached) Date: Function Attended $ Date: Function Attended $ , Date: Function Attended $ ..., SUB TOTAL $ ...(;)- TOTAL LODGINGS, MEALS AND OTHER $ C/3 ",-.0; z-- (Enter this total on the front of form) , ~.',,' ~ Association of the cfj;;) San Bernardino County Special Districts @) October 17, 2005 ~ Membership Meeting l.Ji:v @~ San Bernardino Valley Municipal Water District is hosting ~) ~~ the OctobEr membership meeting at the Orange Show in L'Orange Room in San cth' ( '!':./'- ) Bernardino CA f.,.k J ~;'/.1 ' ~"f (~~ The social hour will begin at 6 p,m, with a call to order at 6:45 p,m. A buffet ~ ~ dinner will be served. ~) c;~ Menu: London Broil or Chicken Cordon Bleu, red roasted potatoes, mixed vegetables, @) c9) tossed green salad, spinach salad, rainbow rote iii pasta salad, rolls, butter, coffee & tea.@, ,1\1' Assorted dessertsA;fo ' ,...."'-~ ~ -- (1;.~ Cost: $3:3 ~ @) ~J (~~?;,0 Program: John Husing - Economist 1?;.,t0 :'N \8) ~ RSVP to Melissa Malin by October 14 @) (:~ Phone 909 387-9224 Fax 909387-9247 d!;:1 ~j) P,O. Box 5906 \.8J ~ San Bernardino, CA 92412 (]~. r~A~' .~~\ \'$V email: melissamtCD.sbvmwd.com ~) (::~ Make checks payable to r?t:\ \';Y) ASBCSD ~/ /;~~ EA-, (,:;~~ District! ABsociate ( ~t..!) -. ,,=,., t~~ Attendees: @:~.\ ~ ~.",....,V ;"..;..;// . ---...... ("'??~, .i).,:-. f~r'l /1;" \..~;(: lG'~ ~,; / 'f-;: 1 /A'h" t \,'1," ",I. . , c,' J j " " , -<'.:.::/ ......:.-'". ~~ ~ C~:;~) ~.~~ ~ (~' ,(,) r " ~::::> '-...'.:::::: ~-.-:- :-..... 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Go East to Arrowhead Ave. Make a left going North a;'.,;~ to 1:he parking lot Behind the Orange Show. 0~ \.~~ The Orange Pavilion is inside the Orange Show Grounds 'V::!::v ~'~ (fb' !:l. i'>." ! .d. ~',' \ t... ("', n I ~/ X~ ~ ~ i". ~':\ ...'/.' , r. 'of) r. . I ~ ~~' @ @ , , ,~ ~: ,,:,... ...V I' , ~;'A ) , [rA""""''', ,,' E~ .flr ~ 1""" 01' "'~.J<~ @:-;; ;, I~ ' '~I '&M.t $),';,:- , . 1 I"" 1 ; n, " ,,'.. :'~ >" 'Qi - 'IV< 'r ,,,,,,,-,, '\ <' , j..... '\ ~ ':....-"..... j $) @)":h'''o II!<J: ~ i I~ ~ ,.: " , ~;/ } it p-,;;> ~ W 'i I> ''H.. ~ " (':~~'~ "'rL~ Cenlral AYca :J~ -0---' ,_ f $));;\ 'W 'I C I r ~ ~ "'I~' ~$) z, .. ...... r, '^I\'-" I I'" ,M,' '~ ,(Il vii Benedict Relicti ','r, ~of ' J' '-, '--"-J '-' ~' , r 'W, I'" fJl ~ , 'A!'.''"'' ,,0<; ~"'h' I .... "Ij. ~( ,!~ .~!: ''i ..... 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Page 1 of2 Bob Martin From: Sent: Monday, October 10, 2005 9:54 AM To: Bob Martin Subject: CSDA Special Update - Governor Signs Sunshine Bill Governor Schwarzenegger has signed Assembly Bill 1234, the "Local Government Sunshine Bill," authored by Assembly Local Government Committee Chair Sim6n Salinas (D-Salinas), The bill was introduced to provide reforms in the areas 01 director compensation and ethics training for local governments - cities, counties and special districts, Motivated by some recent high-profile incidents involving local government entities, AB 1234 seeks to provide more transparency to local governments and accountability to the public, AS 1234 takes effect ~ anuary 1, 2006 and contains three key provisions to "sunshine" the activities of local government officiais (I e" city, county and special district officials), and pertains to speciai district board members in the following ways: . All special district directors and trustees must receive ethics training by December 31, 2006, AS 1234 includes r,ew provisions requiring ethics training for local government officials and designated employees - tw) hours every two years - and new directors and trustees must complete their initial two- hour training within a year of their election or appointment. (CSDA will be providing low-cost, regional workshops to assist districts with compliance,) . Board membe r compensation. The bill clarifies the rules pertaining to compensation to members of a local government legislative body for attendance at authorized meetings and conferences, . Guidelines for reimbursement. AB 1234 sets guidelines for reimbursement of members of a local government lef islative body for actual ancj necessary expenses incurred in the performance of official duties, such as travel, meals and lodging, You can find the following CSDA resources to assist you in compliance with the new law in the "Legislation & Action" section of the CSDA member's website (!illQ:flmembers,csda,net): . AS 1234 Fact Sheet developed by CSDA . AS 1234 text . tI_S, 123'l:JH;:;36~ Publication This information will soon be available at www.csda.netas well. ETHICS TRAINING. CSDA WILL HELP YOUR DIRECTORS OR TRUSTEES COMPLY CSOA is already preparing for the new required ethics training and will offer low-cost, reoional workshops to assist special district directors and trustees in complying with this new requirement An experienced group of special district leadem and attorneys are working to develop a two-hour ethics curriculum that not only ensures compliance with this new law, but provides attendees with an exceptional learning experience that doesn't just involve reciting the law, DRAFT COMPENSA TION AND REIMBURSEMENT POLICY Attendees of the CS[IA workshops will also receive a draft district policy that will specify, as required by AS 1234: · The types of 0 :casions that constitute the performance of official duties for which a member of the legislative body may receive payment, outside of those detailed in the bill; · The types of occurrences that qualify a member of the legislative body to receive reimbursement of expenses relal:ing to travel, meals, lodging, and other actual and necessary expenses; and . Reasonable rEimbursement rates for travel, meals, and lodging, and other actual and necessary expenses (the alternative to using IRS rates as established in Publication 463), 1011112005 Page 2 of2 The draft policy can work as a template for your agency to use to comply with this new mandate, In addition to the two-hour workshops, CSDA will also be offering alternative educational options as detailed in the legislation, Watch your mail for additional information on these new ethics programs! 10/11/2005 'B I~ [J-' .. l!l1ill!1r.il AS 1234 Compliance Fact Sheet General Comoliance Summarv: 1 - Your district needs a written policy to compensate board members for attendance at events beyond just board meetin 1s, committee meetings and conferences, 2 - Your district needs a written policy to reimburse board members for expenses, 3 - Your district needs to use IRS reimbursement rates or adopt a written policy that specifies reasonable reimbursement rE'tes, 4 - Your district reeds to provide expense report forms to board members who require reimbursement and must keep completed forms on file as public documents, If your district provides any compensation or reimbursement to any board member: 5 - AI! board members and any board-designated employees need to take at least two hours of ethics training at least every two years and receive a certificate of completion, 6 - For board members in service on 1/1/06, the first training needs to be completed by 1/1/07, and new board members /leed to complete the training within one year of taking office, 7 - Your district must keep records indicating when board members completed the training and who provided the training for five years, Compensation Detail: If your district's enabling codes authorize compensating your board members, YClur district can pay that compensation to them for attendance at board meetings, committee or other advisory body meetings and conferences and other organized educational activities, such as ethics training, To pay compensation for occurrences oth", than these, the board must adopt a written policy in an open meeting that specifies other types of occasions that constitute the performance of officiai duties for which board members can receive payment. However, if your district is authorized to and does pay a salary to board members, then this paragraph d )esn't appiy to your district. If your district's Emabling codes authorize reimbursement, the board must adopt a written policy in a public meeting that spEcifies the types of occurrences that qualify a board member to receive reimbursement for travei, meals, lodging and other actual and necessary expenses, If the policy does not specify the reasonable reimoursement rates, the agency will use the IRS rates, which are established in Publication 463, Board members have to use government rates and group rates for transportation and lodging when available, If the lodging is in connection with a conference or other seminar, like ethics training, the lodging costs cannot exceed the group rate published by the event sponsor. If the group rate is not available at the ":ime of booking, the board member is to use comparable lodging that doesn't exceed the district's policy N IRS rates, whichever apply, Any expenses that do not fall within the district's policy or the IRS rates hove to be approved by the board in a public meeting before the expense is incurred, If your district reimburses board members for expenses, the district has to provide expense report forms for the board members to file, The expense reports have to document that expenses meet the district's policy, have to be filed within a reasonable time after incurring the expense, and must be accompanied by receipts that dOGument each expense, Also, board members have to provide brief reports on meetings that they have attended at the district's expense at the next regular board meeting, All of the documents related to reimbursements are public records and are subject to the California Public Records Act. If you misuse public resources of falsify expense reports in violation of expense reporting policies, the penalties may include, but are not limited to, the loss of reimbursement privileges, restitution to the district, civil per,alties for misuse of pubiic resources ($1 ODD/day of infraction plus three times the value of @ 2005 California Special Districts Association (CSDA) AB 1234 Compliance Fact Sheet the unlawful use; Govt Code Section 8314) and prosecution for misuse of pubiic resources (2, 3 or 4 years in state pri,;on and disqualification from holding office in California; Penal Code Section 424), Ethics TraininQ Detail: If your district pr<>vides any type of compensation, salary or stipend to any board member or provides expense reimbursement, then all board members need to take training on ethics laws, as do any employees the bJard designates, The ethics training needs to be at least two hours everv two vears, and each participant needs to be provided with proof of participation, Any entity that develops an ethics training course may include local ethics policies in the curricula, and needs to consult the FPPC and the Attorney General regarding the sufficiency and accuracy of any proposed course content. An agency or association can offer courses or self-study materials with tests; the courses can be taken at home, in person or online, Your district needs to provide information on available ethics training to board members at least once per year, All board members whose districts provide reimbursement or compensation and who are in service as of January 1, 2006 need to be trained in ethics by January 1, 2007 unless their term of office ends before then, All new board members (after January 1, 2006) need to take their first ethics training no later than one year from their first day of service with the district. If board members serve with more than one local agency, they stil' only need the training once every two years, Districts that require board members to complete ethical training need to maintain records that indicate the dates that board members completed the training and the entity that provided the training, The district has to keep these records for at ieast five years after the officials receive the training, Of course, they are pubiic records subject to the California Public ~ecords Act. The "ethics laws" concerned here inciude, but are not limited to, iaws relating to personai financial gain (bribery, conflict,of-interest), claiming prerequisites of office (gifts, travei, public resources, gift of public funds), government transparency (financial interest disclosure, Brown Act) and fair process (common law bias, due proce,s, incompatible office, competitive bidding for public contracts, recusion from decisions affecting family), Should you hav'l any questions regarding AB 1234 or any other legislative matter, please contact the CSDA office toll"free at 877/924-CSDA, @ 2005 California Special Districts Association (CSDA) AS 1234 Compliance Fact Sheet AMENDED IN SENATE AUGUST 22,2005 AMENDED IN SENATE AUGUST 15, 2005 AMENDED IN SENATE JULY 13,2005 AMENDED IN SENATE JUNE 29,2005 AMEI"DED IN SENATE JUNE 21,2005 AMENDED IN SENATE JUNE 1,2005 AMENDED IN ASSEMBLY APRIL 5, 2005 CALIFORNIA LEGISLATURE-2005-o6 REGULAR SESSION ASSEMBLY BILL No. 1234 Introduced by Assembly Member Salinas February 22, 2005 An act to amend Sections 25008 and 365 I 4.5 of, and to add Article 2,3 (commencing with Section 53232) and Article 2,4 (commencing with Section 53234) to Chapter 2 of Part I of Division 2 of Title 5 of, the Government Code, to amend Sections 6060 and 7047 of the Harbors and Navig!ltion Code, to amend Sections 2030,2851, 4733, 4733,5, 6489, 903 J, 13857, 13866, and 32103 of the Health and Safety Code, to amend Section 1197 of the Military and Veterans Code, to amend Sections 5536, 5536,5, 5784,15, and 9303 of the Public Resources Codc, to amend Sections 11908, 11908,1, 11908,2, 16002, and 22407 of the Public Utilities Code, and to amend Sections 20201,21166,30507,30507,1,34741,40355,50605, 55305, 56031, 60143, 70078, 71255, and 74208 of, and to add Section 20201.5 to, the Watcr Code, rebting to local agencies. 92 AB 1234 -2- ::"EGISLATIVE COUNSEL'S DIGEST AB 1234, as amellded, Salinas, Local agencies: compensation and ethics, Existing law provides for the establishment and operations of cities, counties, cities and counties, districts, and other local government agencies, the compo:,ition of their governing bodies, and the payment of governing body members for attending meetings and performing other duties, and pre:;cribes conflicts of interest. This bill would require a local agency that provides reimbursement for expenses to members of its legislative body to adopt a written policy on the duties for which legislative body members may receive compensation, other than meetings of the legislative body or an advisory body or att~ndance at a conference or organized educational activity, The bill would require such a governing body to adopt a written policy concerning what occurrences qualitY a member to receive reimbursement of expenses for travel, meals, and lodging and would impose related requirements, including the filing of expense reports, which would be public records, This bill would also require that if a local agency provides any type of compensation, salary, or stipend to, or reimburses the expenses of, a mcmber of the legislative body, all local agency officials, except a member whose term of office ends before January I, 2007, in local agency service as of January 1, 2006, or thereafter receive training in ethics, as specified. This bill would provide that if any entity develops criteria for the ethics training, then the Fair Political Practices Commission and the Attorney General shall be consulted regarding any proposed COurS'l content. This bill would specify, with respect to certain special districts, how a director's activities on a specific day are detern1ined to be compensable and would make related changes, Vote: majority, Appropriation: no, Fiscal committee: yes, State-mandated local program: no, The people of the State of California do enact asfollows: 1 SECTION 1, Section 25008 of the Government Code is 2 amended to read: 3 25008, Members shall be allowed their actual expenses in 4 going to, aller,dance upon, and returning from state association 5 meetings and their actual and necessary traveling expenses when 6 traveling ou :side their counties on official business, 92 -3- AB 1234 1 Reimbursement for these expenses is subject to Sections 53232,2 2 and 53232,3, 3 SEe. 2, Section 36514.5 of the Government Code is amended 4 to read: 5 36514.5, City council members may be reimbursed for actual 6 and necessary expenses incurred in the performance of official 7 duties, Reimbursement for these expenses is subject to Sections 8 53232,2 and 53:m,3, 9 SEe. 3. Article 2,3 (commencing with Section 53232) is 10 added to Chapter 2 of Part 1 of Division 2 of Title 5 of the 11 Government Code, to read: 12 13 Article 2,3, Compensation 14 15 53232, For:he purposes of this article, the following terms 16 have the following meanings: 17 (a) "Governi:1g body" means the board of supervisors in the 18 case of a county or a city and county, the city councilor board of 19 trustees in the case of a city, and the board of directors or other 20 governing body in the case of a special district. 21 (b) "Legislative body" has the same meaning as' specified in 22 Section 54952, 23 (c) "Local agency" means a city, county, city and county, 24 charter city, charter county, charter city and county, or special 25 district. 26 (d) "Meeting" has the same meamng as specified m 27 subdivision (a) of Section 54952.2, 28 53232,\, (a:1 When compensation is otherwise authorized by 29 statute, a local agency may pay compensation to members of a 30 legislative bod:' for attendance at the following occurrences: 31 (1) A meetir,g of the legislative body, 32 (2) A meetirg of an advisory body. 33 (3) A conference or organized educational activity conducted 34 in compliance with subdivision (c) of Section 54952,2, including, 35 but not limit"d to, ethics training required by Article 2.4 36 (commencing with Section 53234), 37 (b) A local agency may pay compensation for attendance at 38 occurrences not specified in subdivision (a) only if the governing 39 body has adopted, in a public meeting, a written policy 40 specifying oher types of occasions that constitute the 92 AB 1234 -4- I pcrformance of official duties for which a membcr of the 2 legislative body may receive payment. 3 (c) This section shall not apply to any local agency that pays 4 compensation in the form of a salary to members of a lcgislative 5 body, including, but not limited to, those local agencies whose 6 legislative bodies' compensation is subject to Section 36516 or 7 36516.1, subparagraph (B) or (C) of paragraph (2) of subdivision 8 (a) of Section 21166 or Section 22840 of the Water Code, 9 Scction 11908,: of the Public Utilities Code, Section 6060 of the 10 Harbors and N"vigation Code, or subdivision (b) of Section I or [I Section 5 of Ar:icle XI of the California Constitution, 12 53232,2, (a) When reimbursement is otherwise authorized by 13 statutc, a local agency may reimburse members of a legislative 14 body for actual and necessary expenses incurred in the 15 performance 0' official duties, including, but not limited to, 16 activities described in Article 2.4 (commencing with Section 17 53234), 18 (b) If a local agency reimburses members of a legislative body 19 for actual and necessary expenses incurred in the performancc of 20 official duties, thcn the governing body shall adopt a written 21 policy, in a public meeting, specifying the types of occurrences 22 that qualify a member of the legislative body to rcceive 23 reimbursement of expenses relating to travel, meals, lodging, and 24 other actual and necessary expenses, 25 (c) The policy dcscribed in subdivision (b) may also specify 26 the reasonable reimbursement rates for travel, meals, and 27 lodging, and other actual and necessary expenses, If it does not, 28 the local agency shall use the Internal Revenue Scrvice rates for 29 reimbursement of travel, meals, lodging, and other actual and 30 necessary expmses as established in Publication 463, or any 31 successor publication, 32 (d) If the lodging is in connection with a conference or 33 organized edw:ational activity conducted in compliance with 34 subdivision (c) of Section 54952,2, including, but not limited to, 35 ethics training ::equired by Article 2.4 (commencing with Section 36 53234), lodgin,~ costs shall not exceed the maximum group rate 37 published by tile conference or activity sponsor, provided that 38 lodging at th( group rate is available to the member of a 39 legislative body at the time of booking, If the group rate is not 40 available, the ncmber of a legislative body shall use comparable 92 -5- AB 1234 I lodging that is wnsistent with the requirements of subdivisions 2 (c) and (e), 3 (e) Members of the Icgislative body shall use government and 4 group rates off~red by a provider of transportation or lodging 5 services for travel and lodging when available, 6 (f) All expenses that do not fall within the adopted travel 7 reimbursement policy or the Internal Revenue Service 8 reimbursable r,ltes as provided in subdivision (c), shall be 9 approved by the governing body, in a public meeting before the 10 expense is incwTed, except as provided in subdivision (d). II (g) This section shall not supersede any other laws 12 establishing reimbursement rates for local agencies, 13 53232,3, (a; If a local agency reimburses members of a l4 legislative body for actual and necessary expenses incurred in the 15 performance of official duties, then a local agency shall provide 16 expense report forms to be filed by the members of the legislative 17 body for reimbursement for actual and necessary expenses 18 incurred on behalf of the local agency in the performance of 19 official duties, Reimbursable expenses shall include, but not be 20 limited to, meals, lodging, and travel. 21 (b) Expense reports shall document that expenses meet the 22 existing polic:', adopted pursuant to Section 53232,2, for 23 expenditure of public resourees, 24 (c) Member! of a legislative body shall submit expense reports 25 within a reasonable time after incurring the expense, as 26 determined by the legislative body, and the reports shall be 27 accompanied by the receipts documenting each expense, 28 (d) Member:; of a lcgislative body shall provide brief reports 29 on meetings attended at the expense of the local agency at the 30 next regular meeting of the legislative body, 31 (e) All docu:nents related to reimbursable agency expenditures 32 arc public records subject to disclosure under the California 33 Public Records Act (Chapter 3.5 (commencing with Section 34 6250) ofDivis;on 7 of Title I). 35 53232.4, P,malties for misuse of public resources or falsifying 36 expense repons in violation of expense reporting polices may 37 include, but are not limited to, the following: 38 (a) The loss of reimbursement privileges, 39 (b) Restitution to the local agency. 92 AB 1234 -6- I (c) Civil penalties for misuse of public resources pursuant to 2 Section 8314, 3 (d) Prosecution for misuse of public resources, pursuant to 4 Section 424 of the Penal Code, 5 SEC, 4, Article 2.4 (commencing with Section 53234) is 6 added to Chapter 2 of Part I of Division 2 of Title 5 of the 7 Government Code, to read: 8 9 Article 2.4, Ethics Training 10 II 53234, For the purposes of this article, the following terms 12 have the following meanings: 13 (a) "Legislative body" has the same meaning as specified in 14 Section 54952, 15 (b) "Local agency" means a city, county, city and county, 16 charter city, charter county, charter city and county, or special 17 district. 18 (c) "Local agency official" means the following: 19 (I) Any member of a local agency legislative body or any 20 elected local agency official who receives any type of 21 compensation, salary, or stipend or reimbursement for actual and 22 necessary expenses incurred in the performance of official duties. 23 (2) Any employee designated by a local agency g6;,cming 24 legislative body to receive the training specified under this 25 article, 26 (d) "Ethics laws" include, but are not limited to, the following: 27 (I) Laws relating to personal financial gain by public servants, 28 including, but not limited to, laws prohibiting bribery and 29 conflict-of-interest laws, 30 (2) Laws relating to claiming prerequisites of office, including, 31 but not limited to, gift and travel restrictions, prohibitions against 32 the use of public resources for personal or political purposes, 33 prohibitions llgainst gifts of public funds, mass mailing 34 restrictions, a'1d prohibitions against acceptance of free or 35 discounted trallsportation by transportation companies, 36 (3) Governnent transparency laws, including, but not limited 37 to, financial interest disclosure requirements and open 38 government laws, 39 (4) Laws re lating to fair processes, including, but not limited 40 to, common hw bias prohibitions, due process requirements, 92 -7- AB 1234 1 incompatible cffices, competitive bidding requirements for 2 public contracts, and disqualification from participating in 3 decisions affecting family members, 4 53235, (a) lf a local agency provides any type of 5 compensation, salary, or stipend to a member of a legislative 6 body, or provides reimbursement for actual and necessary 7 expenses incurred by a member of a legislative body in thc 8 performance or official duties, then all local agency officials 9 shall receive training in ethics pursuant to this article, 10 (b) Each local agency official shall receive at least two hours II of training in general ethics principles and ethics laws relevant to 12 his or her publk service every two years, 13 (c) If any en:ity develops curricula to satisfy the requirements 14 ofthis scction, then the Fair Political Practices Commission and 15 the Attorney General shall be consulted regarding the sufficiency 16 and accuracy c f any proposed course content. When reviewing 17 any proposed course content the Fair Political Practices 18 Commission a~d the Attorney General shall not preclude an 19 entity from also including local ethics policies in the curricula, 20 (d) A local agency or an association of local agencies may 21 offer one or more training courses, or sets of self-study materials 22 with tests, to meet the requirements ofthis section, These courses 23 may be taken at home, in-person, or online, 24 (e) All provi ders of training courses to meet the requirements 25 of this article shall provide participants with proof of 26 participation to meet the requirements of Section 53235,2, 27 (f) A local agency shall provide information on training 28 available to meet the requirements of this article to its local 29 officials at lea,t once annually. 30 53235,\, (a) Each local agency official in local agency 31 service as of January I, 2006, except for officials whose term of 32 office ends before January 1, 2007, shall receive the training 33 required by subdivision (a) of Section 53235 befote January I, 34 2007, Thereafter, each local agency official shall receive the 35 training required by subdivision (a) of Section 53235 at least 36 once every two years, 37 (b) Each local agency official who commences service with a 38 local agency on or after January I, 2006, shall receive the 39 training requiJed by subdivision (a) of Section 53235 no later 40 than one year rrom the first day of service with the local agency, 92 AB 1234 -8- I Thereafter, each local agency official shall receive the training 2 required by subdivision (a) of Section 53235 at least once every 3 two years, 4 (c) A local llgency official who serves more than one local 5 agency shall satisfy the requirements of this article once every 6 two years with Jut regard to the number of local agencies with 7 which he or she serves, 8 53235,2, (a:' A local agency that requires its local agency 9 officials to complete the ethical training prescribed by this article 10 shall maintain records indicating both of the following: ]] (l) The date l that local officials satisfied the requirements of 12 this article, 13 (2) The entity that provided the training, 14 (b) Notwithstanding any other provision oflaw, a local agency 15 shall maintain these records for at least five years after local ]6 officials receive the training, These records are public records 17 subject to disclosure under the California Public Records Act 18 (Chapter 3,5 (commencing with Section 6250) of Division 7 of 19 Title 1), 20 SEe. 6, Section 6060 of the Harbors and Navigation Code is 2] amended to read: 22 6060. The commissioners shall serve without salary until the 23 yearly gross income of the district, exclusive of taxes levied by 24 the district, exceeds twenty thousand dollars ($20,000) per year, 25 when the board may, by ordinance, fix their salaries, which shall 26 not exceed the sum of six hundred dollars ($600) per month each. 27 In addition t,) any salary received pursuant to this section, the 28 commissioners shall be allowed any actual and necessary 29 expenses incurred In the performance of their duties, 30 Reimbursemer,t for these expenses is subject to Sections 53232.2 31 and 53232.3 of the Government Code. 32 SEe. 7. Se~tion 7047 of the Harbors and Navigation Code is 33 amended to read: 34 7047, Each director shall receive a sum as may be fixed by 35 the board, not exceeding fifty dollars ($50) for each meeting of 36 the board atVlnded by him or her, for not exceeding four 37 meetings in a"y calendar month, A director may also receive 38 traveling and other expenses incurred by him or her when 39 performing duties for the district other than attending board 40 meetings, For purposes of this section, the, determination of 92 -9- AB 1234 1 whether a director's activities on any specific day are 2 compcnsable stall be made pursuant to Article 2.3 (commencing 3 with Section 53232) of Chapter 2 ofPartl of Division 2 of Title 4 5 of the Government Code, Reimbursement for these expenses is 5 subject to Sections 53232,2 and 53232,3 of the Government 6 Code, 7 SEC, 8, Se,;tion 2030 of the Health and Safety Code is 8 amended to reai: 9 2030, (a) The members of the board of trustees shall serve 10 without compensation, II (b) The members of the board of trustees may receive their 12 actual and necessary traveling and incidental expenses incurred 13 while on official business, In lieu of paying for actual expenses, 14 the board of trustees may by resolution provide for the allowance 15 and payment to each trustee a sum not to exceed one hundred 16 dollars ($100) :Jer month for expenses incurred while on official 17 business, A tnlstee may waive the payments permittcd by this 18 subdivision, 19 (c) Notwithstanding subdivision (a), the secretary of the board 20 of trustees may receive compensation in an amount determined 21 by the board of trustees, 22 (d) Reimbursement for these expenses is subject to Sections 23 53232,2 and 5,,232,3 of the Government Code, 24 SEe. 9, Section 2851 of the Health and Safety Code is 25 amended to reLd: 26 2851. The :nembers of the district board shall hold office at 27 the pleasure of the board of supervisors, They shall serve without 28 compensation, but shall be allowed their necessary traveling and 29 other expenses incurred in performance of their official duties, In 30 lieu of expens~s, the district board may, by resolution, provide 31 for the allowance and payment to each member of the board of a 32 sum not exceeding one hundred dollars ($100) as expenses 33 incurred in attending each business meeting of the board, 34 Reimbursement for these expenses is subject to Sections 53232,2 35 and 53232,3 ofthe Government Code, 36 SEC, 10, Section 4733 of the Health and Safety Code is 37 amended to read: 38 4733, (a) The district board may fix the. amount of 39 compensation per meeting to be paid each member of the board 40 for services for each meeting attended by the member. Subject to 92 AB 1234 -10- I subdivision (b\ the compensation shall not exceed one hundred 2 dollars ($100) for each meeting of the district board attended by 3 the member OJ for each day's service rendered as a member by 4 request of the board, not exceeding a total of six days in any 5 calendar month, together with any expenses incident thereto, 6 (b) The dis trict board, by ordinance adopted pursuant to 7 Chapter 2 (commencing with Section 20200) of Division 10 of 8 the Water Code, may increase the compensation received by the 9 district board members above the amount of one hundred dollars 10 ($100) per day, II (c) For PutT oses of this section, the determination of whether 12 a director's activities on any specific day are compensable shall 13 be made pursuant to Article 2.3 (commencing with Section 14 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the 15 Government Code, 16 (d) Reimbursement for these expenses is subject to Sections 17 53232,2 and 53232,3 of the Government Code, 18 SEe. II, ~:ection 4733.5 of the Health and Safety Code is 19 amended to read: 20 4733,5, Where two or more county sanitation districts have 21 joined m lae purchase, ownership, use, construction, 22 maintenance, or operation of a sewerage system, or sewage 23 disposal or treatment plant, or refuse transfer or disposal system, 24 or both, either within or without the districts, or have so joined 25 for any combination of these purposes, as provided in Section 26 4742, and the districts hold their meetings jointly, and one or 27 more of the directors serve a,s a director on more than one of 28 these districtf meeting jointly, the districts may, by joint 29 resolution app roved by each district, limit the compensation of a 30 director to compensation equal to not more than fifty dollars 31 ($50) for each jointly held meeting attended by him or her, not to 32 exceed one hundred dollars ($100) in anyone month for 33 attendance at jointly held meetings, For purposes of this section, 34 the determination of whether a director's activities on any 35 specific day a',e compensable shall be made pursuant to Article 36 2,3 (commencing with Section 53232) of Chapter 2 of Part I of 37 Division 2 of Title 5 of the Government Code, 38 SEC, 12, ~;ection 6489 of the Health and Safety Code is 39 amended to reld: 92 -11- AB 1234 1 6489, (a) Subject to subdivision (b), each of the members of 2 thc board shall ::eceive compensation in an amount not to exceed 3 one hundred dollars ($100) per day for each day's attendance at 4 meetings of the board or for each day's service rendered as a 5 director by reqrest of the board, not exceeding a total of six days 6 in any calendar month, together with any expenses incident 7 thereto, 8 (b) The district board, by ordinance adopted pursuant to 9 Chapter 2 (commencing with Section 20200) of Division 10 of 10 the Water Code, may increase the compensation received by 11 board members above the amount of one hundred dollars ($100) 12 per day, 13 (c) The sec retary of the sanitary board shall receive 14 compensation ':0 be set by the sanitary district board, which 15 compensation shall be in lieu of any other compensation to which 16 he or she may he entitled by reason of attendance at the meeting 17 or meetings of ,he sanitary board, 18 (d) For purp'Jses of this section, the determination of whether 19 a director's activities on any specific day are compensable shall 20 be made pursuant to Article 2,3 (commencing with Section 21 53232) of Chapter 2 of Part I of Division 2 of Title 5 of the 22 Government Code, 23 (e) Reimbumement for these expenses is subject to Sections 24 53232.2 and 53232,3 of the Government Code, 25 SEC, 13, Section 9031 of the Health and Safety Code is 26 amended to read: 27 9031, (a) The board oftrustees may provide, by ordinance or 28 resolution, that each of its members may receive compensation in 29 an amount not ',0 exceed one hundred dollars ($100) for attending 30 each meeting of the board, A member of the board of trustees 31 shall not recei.,e compensation for more than four meetings of 32 the board in a month, 33 (b) The board of trustees, by ordinance adopted pursuant to 34 Chapter 2 (commencing with Section 20200) of Division 10 of 35 the Watcr Code, may increase the amount of compensation 36 received for atlending meetings of the board, 37 (c) In additiJn, members of the board of trustees may receive 38 their actual a:ld necessary traveling and incidental expenses 39 incurred while on official business other than a meeting of the 40 board, 92 AB 1234 -12- I (d) A member of the board of trustees may'waive any or all of 2 the payments pern1itted by this section, 3 (e) For the purposes of this section, a meeting of the board of 4 trustees includes, but is not limited to, regular meetings, special 5 meetings, closed sessions, emergeney meetings, board field trips, 6 district public hearings, or meetings of a committee of the board, 7 (f) For purposes of this section, the determination of whether a 8 trustee's activities on any specific day are compensable shall be 9 made pursuant to Articlc 2,3 (commencing with Section 53232) 10 of Chapter 2 of Part I of Division 2 of Title 5 of the Government II Code, 12 (g) Reimbun;ement for these expenses is subject to Sections 13 53232,2 and 53232,3 of the Government Code, 14 SEe. 14, S'~ction 13857 of the Health and Safety Code is 15 amended to read: 16 13857, (a) Subject to subdivision (b), each member of the 17 district board may receive compensation in an amount set by the 18 district board not to exceed one hundred dollars ($100) for 19 attending each meeting of the district board. The number of 20 meetings for which a member of the board of directors may 21 receive compensation shall not exceed four meetings in any 22 calendar month, 23 (b) The disl rict board, by ordinance adopted pursuant to 24 Chapter 2 (commencing with Section 20200) of Division 10 of 25 the Water Cod~, may increase the compensation received by the 26 district board members above the amount prescribed by 27 subdivision (a), 28 (c) For purposes of this section, the determination of whether 29 a director's activities on any specific day are compensable shall 30 be made pursuant to Article 2,3 (commencing with Section 31 53232) of Chapter 2 of Part I of Division 2 of Title 5 of the 32 Government Code, 33 SEC, 15, 5:ection 13866 of the Health and Safety Code is 34 amended to read: 35 13866, A district may authorize its directors and employees 36 to attend professional or vocational meetings and pay their actual 37 and necessary traveling and incidental expenses while on official 38 business, Rei mbursement for these expenses is subject to 39 Sections 5323:1.2 and 53232.3 of the Government Code, 92 -13- AB 1234 1 SEC, 16, Section 32103 of the Health and Safety Code is 2 amended to rcael: 3 32103, The board of directors shall serve without 4 compensation eKcept tbat the board of directors, by a resolution 5 adopted by a majority vote of the members of the board, may 6 authorize the ~ayment of not to exceed one hundred dollars 7 ($JOO) per meeting not to exceed five meetings.a month as 8 compensation to each member of the board of directors. 9 Each member of the board of directors shall be allowed his or 10 her actual necessary traveling and incidental expenses incurred in II the performance of official business of the district as approved by 12 the board, For purposes of this section, the determination of 13 whether a di:ector's activities on any specific day are 14 compensable shall be made pursuant to Article 2.3 (commencing 15 with Section 53232) of Chapter 2 of Part I of Division 2 of Title 16 5 of the Goverrment Code, Reimbursement for these expenses is 17 subject to Scc:ions 53232.2 and 53232,3 of the Government 18 Code, ]9 SEe. ] 7. Section] ] 97 of the Military and Veterans Code is 20 amended to read: 21 1197, The hoard shall consist of five members who shall be 22 registered electors residing within the district or proposed district 23 at the time of their election and shall be elected by the qualified 24 electors of the district. A majority of the seats on the board shall 25 be designated for veterans, as defined in Section 940. Any board 26 seat that is s.) designated, but is not currently filled by a 27 qualifying individual, shall be filled by a qualified individual at 28 the next election at which that seat is to be filled, Members shall 29 serve without compensation, but shall be entitled to actual and 30 necessary expenses incurred in the performance of duties, 31 Reimbursement for these expenses is subject to Sections 53232.2 32 and 53232.3 of the Government Code, 33 SEC, 18. Section 5536 of the Public Resources Code is 34 amended to read: 35 5536, (a) The board shall establish rules for its proceedings, 36 (b) The board may provide, by ordinance or resolution, that 37 each of its members may receive an amount not to exceed one 38 hundred dollars ($100) per day for each attendance at a meeting 39 of the board, For purposes of this section, a meeting of the board 40 includes, but i:; not limited to, closed sessions of the board, board 92 AB 1234 -14- ] field trips, district public hearings, or meetings of a committee of 2 the board, The maximum compensation allowable- to a board 3 member on any given day shall be one hundred dollars ($] 00), 4 Board member:; shall not receive any other compensation for 5 meetings, and :10 board member shall receive more than five 6 hundred dollars ($500) compensation under this section in any 7 one calendar m)nth, except that board members of the East Bay 8 Regional Park District may receive compensation for not more 9 than 10 days in anyone calendar month, A board member may 10 elect to waive the per diem. In addition, the board may provide, 11 by ordinance or resolution, that each of its members not 12 otherwise eligible for an employer-paid or partially 13 employer-paid group medical or group dental plan, or both, may 14 participate In any of those plans available to permanent 15 employees of the district on the same terms available to those 16 district employees or on terms and conditions as the board may 17 determine, A board member who elects to participate in any plan 18 may also elect to have the premium for the plan charged against 19 his or her per diem and may further elect to waive the balance of 20 the per diem, 21 (c) All vaca 1cies on the board shall be filled in accordance 22 with the requir,~ments of Section 1780 of the Government Code, 23 except that, in the case of vacancies caused by the creation of 24 new wards Or subdistricts, the directors shall, prior to the 25 vacancies being filled, determine by lot, for the purpose of fixing 26 the terms of the first directors to be elected to the wards or 27 subdistricts, which ward or subdistrict shall have a four-year term 28 and which ward or subdistrict shall have a two-year term. The 29 persons who fill the vacancies caused by the establishment of 30 new wards or :;ubdistricts shall hold offiee until the next general 31 election and until their successors are elected and qualified for 32 the terms previously determined by lot. 33 (d) For purposes of this section, the determination of whether 34 a director's activities on any specific day are compensable shall 35 be made pursuant to Article 2,3 (commencing with Section 36 53232) of Chapter 2 of Part I of Division 2 of Title 5 of the 37 Government Code, 38 SEe. 19, Section 5536,5 of the Public Resources Code is 39 amended to reid: 92 -15- AB 1234 I 5536,5, Menbers of the board of directors may be allowed 2 actual necessar} traveling and incidental expenses incurred in the 3 performance of official business of the district as approved by the 4 district board. Reimbursement for these expenses is subject to 5 Sections 53232,2 and 53232,3 of the Government Code, 6 SEe. 20, SEction 5784,15 of the Public Resources Code is 7 amended to read: 8 5784,15, (a) The board of directors may provide, by 9 ordinance or resolution, that each of its members may receive 10 compensation in an amount not to exceed one hundred dollars 11 ($100) for attending each meeting of the board, The board of 12 directors, by ordinance adopted pursuant to Chapter 2 13 (commencing with Section 20200) of Division 10 of the Water 14 Code, may increase the amount of compensation received for 15 attending meetings of the board, 16 (b) The maximum compensation in any calendar month shall 17 be five hundred dollars ($500), 18 (c) In addition, members of the board of directors may receive 19 their actual ar.d necessary traveling and incidental expenses 20 incurred while on official business. 21 (d) A member of the board of directors may waive the 22 compensation, 23 (e) For the purposes of this section, a meeting of the board of 24 directors includes, but is not limited to, regular meetings, special 25 meetings, closed sessions, emergency meetings, board field trips, 26 district public hearings, or meetings ofa committee of the board. 27 (f) For purposes of this section, the determiilation'ofwhether a 28 director's activities on any specific day are compensable shall be 29 made pursuant to Article 2,3 (commencing with Section 53232) 30 of Chapter 2 of Part I of Di vision 2 of Title 5 of the Government 31 Code, 32 (g) Reimbursement for these expenses is subject. to Sections 33 53232,2 and 5:1232.3 of the Government Code. 34 SEe. 21. Section 9303 of the Public Resources Code is 35 amended to read: 36 9303, The directors shall receive no compensation for their 37 services as stich, but each shall be allowed reasonable and 38 necessary exp ~nses incurred in attendance at meetings of the 39 directors or when otherwise engaged in the work of the district at 40 the direction of the board of directors. The directors shall fix the 92 AB 1234 -16- I amount allowed for necessary expenses, but no director shall be 2 appointed to any position for which he or she would receive 3 compensation as a salaried officer or employee of the district. 4 Reimbursement for these expenses is subject to Sections 53232,2 5 and 53232,3 of the Government Code. 6 SEe. 22, 5cction 11908 of the Public Utilities Code is 7 amended to read: 8 11908. The board shall establish rules for its proceedings and 9 may provide, by ordinance or resolution, that each member shall 10 receive for each attendance at the meetings of the board, or for 11 each day's ser\'ice rendered as a director by request of the board, 12 the sum of one hundred dollars ($100), No director shall receive 13 any other compensation, nor receive pay for more than six days 14 in anyone calendar month, For purposes of this section, the 15 determination of whether a director's activities on any specific 16 day are compensable shall be made pursuant to Article 2,3 17 (commencing with Section 53232) of Chapter 2 of Part I of 18 Division 2 of Title 5 of the Government Code, 19 SEC, 23. 5,ection 11908,1 of the Public Utilities Code is 20 amended to read: 21 11908,1. (a) Notwithstanding Section 11908, a district with a 22 board having seven directors may providc, by resolution or 23 ordinance, that each director shall receive compensation in an 24 amount not to exceed one hundred dollars ($100) per day for 25 each day's attendance at public meetings ofthe board or for each 26 day's service rendered as a director by request of the board, not 27 exceeding a total of six days in any calendar month, or, in lieu of 28 that compensation, a salary of not to exceed six hundred dollars 29 ($600) per month subject to annual adjustments pursuant to 30 subdivision (b), together with any expenses incurred in the 31 performance c f his or her duties required or authorized by the 32 board. No re~,olution or ordinance establishing compensation 33 pursuant to this subdivision shall provide for any automatic 34 increase in that compensation, 35 (b) Any dislrict which adopts salaries for directors pursuant to 36 subdivision (a) may increase those salaries by not more than 5 37 percent for each calendar year following the operativc date of the 38 last adjustmert, commencing with the calendar year following 39 adoption ofth.: salary or increase, 92 -17- AB 1234 1 (c) Reimbursement for these expenses is subject to Sections 2 53232,2 and 53232,3 of the Government Code, 3 SEC, 24, Section 11908,2 of the Public Utilities Code is 4 amended to read: 5 11908,2, No',withstanding Section 11908, the board of a 6 district which has owned and operated an electric distribution 7 system for at least eight years and has a population of 250,000 or 8 more may provi de, by ordinance or resolution, that each director 9 shall receive compensation in an amount not to exceed one 10 hundred dollars ($100) per day for each day's attendance at 11 public meetings of the board or for each day's service rendered 12 as a director by request of the board, not exceeding a total of 10 13 days in any calendar month, together with any expenses incurred 14 in the performa~ce of his or her duties required or authorized by 15 the board, The board may, by resolution or ordinance, increase 16 the compensation per day by not more than 5 percent for each 17 calendar year following the operative date of the last adjustment, 18 commencing with the 1988 calendar year. No resolution or 19 ordinance establishing compensation pursuant to thi~ subdivision 20 shall provide DJr any automatic increase in that compensation, 21 For purposes of this section, the determination of whether a 22 director's activ,ties on any specific day are compensable shall be 23 made pursuant to Article 2,3 (commencing with Section 53232) 24 of Chapter 2 of Part I of Division 2 of Title 5 ofthe Government 25 Code. Reimbursement for thcse expenses is subject to Sections 26 53232.2 and 53232,3 of the Government Code, 27 SEe. 25. Section 16002 of the Public Utilities Code is 28 amended to read: 29 16002, Each member of the board shail receive the 30 compensation that the board by ordinance provides, not 31 exceeding fOUl thousand eight hundred dollars ($4,800) a year, 32 For purposes of this section, the determination of whether a 33 director's activities on any specific day are compensable shall be 34 made pursuant to Article 2,3 (commencing with Section 53232) 35 of Chapter 2 0:' Part 1 of Division 2 of Title 5 of the Government 36 Code, 37 SEe. 26, Scction 22407 of the Public Utilities Code is 38 amended to read: 39 22407. Ea( h member of the board of directors shall receive 40 compensation in an amount not to exceed one hundred dollars 92 AB 1234 -18- I ($100) for each attendance at the meeting of the board held 2 within the district, which amount shall be fixed from time to time 3 by the board, No director, however, shall receive pay for more 4 than four meetings in any calendar month, 5 Each director shall be allowed, with the approval of the board, 6 all traveling and other expenses necessarily incurred by the 7 member in the performance of the member's duties, For purposes 8 of this section, the determination of whether 'a director's 9 activities on any specific day are compensable shall be made 10 pursuant to Article 2,3 (commencing with Section 53232) of II Chapter 2 of Part I of Division 2 of Title 5 of the Government 12 Code, Reimbursement for these expenses is subject to Sections 13 53232,2 and 53232,3 of the Government Code, 14 SEC, 27, S,:ction 20201 of the Water Code is amended to 15 read: 16 20201. Notwithstanding any other provision of law, the 17 governing board of any water district may, by ordinance adopted 18 pursuant to this chapter, provide compensation to members of the 19 governing board, unless any compensation is prohibited by its 20 principal act, in an amount not to exceed one hundred dollars 21 ($100) per da~' for each day's attendance at meetings of the 22 board, or for each day's service rendered as a member of the 23 board by request of the board, and may, by ordinance adopted 24 pursuant to this chapter, in accordance with Section 20202, 25 increase the co:npensation received by members of the governing 26 board above the amount of one hundred dollars ($100) per day, 27 It is the intent of the Legislature that any future increase in 28 compensation ::eceived by members of the governing board of a 29 water district l: e authorized by an ordinance adopted pursuant to 30 this chapter and not by an act of the Legislature, 31 For purpose" of this section, the determination of whether a 32 director's activities on any specific day are compensable shall be 33 made pursuant to Article 2,3 (commencing with Section 53232) 34 of Chapter 2 o"Part 1 of Division 2 of Title 5 of the Government 35 Code, 36 SEe. 28, Section 20201.5 is added to the Water Code, to 37 read: 38 20201.5, Reimbursement for expenses of members of a 39 governing board of a water district is subject to Sections 53232.2 40 and 53232,3 of the Government Code, 92 -19- AB 1234 I SEe. 29, S~ction 21166 of the Water Code is amended to 2 read: 3 21166, Notwithstanding any other provision of law, a 4 director, for sitting on the board or acting under its' orders, shall 5 receive both of the following: 6 (a) (I) Except as specified in paragraphs (2) and (3), 7 compensation not to exceed one hundred dollars ($100) per day, 8 not exceeding ~;ix days in any calendar month, 9 (2) In districts that produce or distribute electric power, one of 10 the following nethods of compensation: II (A) Compensation not to exceed one hundred dollars ($100) 12 per day, 13 (B) A monl.1ly salary of not to exceed six hundred dollars 14 ($600) per month, 15 (C) Annual compensation not to exceed fifteen thousand 16 dollars ($15,000), Any annual compensation pursuant to this 17 subparagraph ,hall be fixed by the adoption of an ordinance 18 pursuant to Seetions 20203 to 20207, inclusive, 19 (3) Districts containing 500,000 acres or more are governed by 20 Section 22840, 21 (b) Actual and necessary expenses when acting under the 22 orders of the board, 23 For purpose:; of this section, the determination of whether a 24 director's acti\ities on any specific day are compensable shall be 25 made pursuant to Article 2.3 (commencing with Section 53232) 26 of Chapter 2 0:' Part I of Division 2 of Title 5 of the Government 27 Code, Reimbursement for these expenses is subject to Sections 28 53232,2 and 53232,3 of the Government Code, 29 SEe. 30. 5ection 30507 of the Water Code is amended to 30 read: 31 30507. Each director shall receive compensation in an 32 amount not to exceed one hundred dollars ($100) per day for 33 each day's attendance at meetings of the board or for each day's 34 service rendet ed as a director by request of the board, not 35 exceeding a total of six days in any calendar month, together 36 with any expenses incurred in the performance of his or her 37 duties required or authorized by the board. For purposes of this 38 section, the determination of whether a director's activities on 39 any specific day are compensable shall be made pursuant to 40 Article 2.3 (commencing with Section 53232) of Chapter 2 of 92 AB 1234 -20- I Part I of Division 2 of Title 5 of the Government Code, 2 Reimbursement for these expenses is subject to Sections 53232,2 3 and 53232,3 of the Government Code, 4 SEe. 31. Section 30507,1 of the Water Code is amended to 5 read: 6 30507,1. Ea~h director of the Contra Costa Water District 7 shall receive compensation in an amount not to exceed one 8 hundred dollan; ($100) per day for each day's attendance at 9 meetings of the board and for each day's service rendered as a 10 director by reqt.est of the board, not exceeding a total of 10 days II in any calendat month, together with any expenses incurred in 12 the perfonnance of duties required or authorized by the board, 13 For purposes of this section, the determination of whether a ]4 director's activities on any specific day are compensable shall be ]5 made pursuant to Article 2,3 (commencing with Section 53232) 16 of Chapter 2 of Part I of Division 2 of Title 5 of the Government 17 Code, Reimbursement for these expenses is subject to Sections 18 53232,2 and 53232.3 of the Government Code. 19 SEC, 32, S,xtion 3474] of the Water Code is amended to 20 read: 2] 34741. Until their compensation is fixed by the adoption of 22 bylaws, the offcers shall receive the following compensation for 23 their services: 24 (a) The secr"tary, tax collector, treasurer, and assessor, such 25 sums as shall b ~ fixed by the board, 26 (b) Each director shall receive compensation in an amount not 27 to exceed one hundred dollars ($100) per day for each day's 28 attendance at meetings of the board or for each day's service 29 rendered as a director by request of the board, not exceeding a 30 total of six days in any calendar month, together with any 31 expenses ineu!Ted in the performance of his' or her duties 32 required or auflorized by the board, For purposes of this section, 33 the detcrminal ion of whether a director's activities on any 34 specific day are compensable shall be made pursuant to Article 35 2,3 (commencing with Section 53232) of Cbapter 2 of Part I of 36 Division 2 of Title 5 of the Government Code. Reimbursement 37 for these expenses is subject to Sections 53232,2 and 53232.3 of 38 the Government Code, 39 SEC, 33, Section 40355 of the Water Code is amended to 40 read: 92 -21- AB 1234 I 40355, (a) 1\. director, when sitting on the board or acting 2 under its orders, shall rcceive not exceeding: 3 (I) One hundred dollars ($100) per day, not exceeding six 4 days in any calendar month, 5 (2) Ten cents ($0,10) per mile for each mile traveled from his 6 place of residence to the office of the board, 7 (3) Actual and necessary expenses while engaged in official 8 business under ':he order of the board, 9 (b) For purposes of this section, the determination of whether 10 a director's activities on any specific day are compensable shall II be made pursuant to Article 2,3 (commencing with Section 12 53232) of Chapter 2 of Part I of Division 2 of Title 5 of the 13 Government Code. 14 (c) Reimbunement for these expenses is subject to Sections 15 53232,2 and 53232,3 of the Government Code, 16 SEe. 34, Section 50605 of the Water Code is amended to 17 read: 18 50605, (a) Each member of the board shall receive such 19 compensation for services actually and necessarily performed as 20 the board determines to be just and reasonable, and shall be 21 reimbursed for expenses necessarily incurred in the performance 22 of his duties as trustee, 23 (b) For purp,)ses of this section, the determination of whether 24 a director's activities on any specific day are compensable shall 25 be made pursuant to Article 2,3 (commencing with Section 26 53232) of Chapter 2 of Part I of Division 2 of Title 5 of the 27 Government Code, Reimbursement for these expenses is subject 28 to Sections 53232,2 and 53232.3 of the Government Code. 29 SEC, 35, S~ction 55305 of the Water Code is amended to 30 read: 31 55305, (a) The board of directors may fix the compensation 32 of its memben for their services as directors not to exceed ten 33 dollars ($10) for each meeting attended, not exceeding two 34 meetings in any calendar month, If allowed by the board, a 35 director shall III so receive for performing duties for the district 36 other than attending board meetings the following: 37 (1) An amount not to exceed one hundred dollars ($100) for 38 each day perfo rming such duties, 39 (2) Traveling and other expenses incurred by him or her in 40 performing his duties, 92 AB 1234 -22- I (b) For purposes of this section, the determination of whether 2 a director's activities on any specific day are compensable shall 3 be made pursLant to Article 2,3 (commencing with Section 4 53232) of Chapter 2 of Part I of Division 2 of Title 5 of the 5 Government Cc,de, Reimbursement for these expenses is subject 6 to Sections 532U,2 and 53232,3 of the Government Code, 7 SEe. 36. Section 56031 of the Water Code is amended to 8 read: 9 56031. The district board shall have power to fix the amount 10 of compensaticn per meeting to be paid each member of the II board for his or her services for each meeting attended by him or 12 her; provided, that the compensation shall not exceed ten dollars 13 ($10) for each meeting of the district board attended by him or 14 her, together w: th expenses necessarily incurred by him or her in 15 traveling between his or her place of residence and the place of 16 meeting, However, no member shall receive compensation for 17 attending more than three meetings of the board during any 18 calendar month, This compensation shall be in addition to any 19 other fees or compensation allowed by law for the other official 20 positions specified in Section 56030 that are occupied by 21 members of th,~ district board, For purposes of this section, the 22 determination of whether a director's activities on any specific 23 day are comp,~nsable shall be made pursuant to Article 2,3 24 (commencing with Section 53232) of Chapter 2 of Part I of 25 Division 2 of Title 5 of the Government Code. Reimbursement 26 for these exper,ses is subject to Sections 53232,2 and 53232.3 of 27 the Government Code, 28 SEC, 37, Section 60143 of the Water Code is amended to 29 rcad: 30 60143, Eac h director shall receive compensation in an 31 amount not exceeding one hundred dollars ($100) for each day's 32 attendance at meetings of the board or for each c\ay's service 33 rendered as a director by request of the board, not exceeding a 34 total of six days in any calendar month, together with any 35 expenses incurred in the performance of his or her duties 36 required or authorized by the board, For purposes of this section, 37 the determina:ion of whether a director's activities on any 38 specific day ale compensable shall be made pursuant to Article 39 2,3 (commenc,ng with Section 53232) of Chapter 2 of Part I of 40 Division 2 of Title 5 of the Government Code, Reimbursement 92 -23- AB 1234 1 for thcse expem,es is subject to Sections 53232,2 and 53232,3 of 2 the Government Code, 3 SEC. 38, Section 70078 of the Water Code is amended to 4 read: 5 70078, Each member of the board shall receive compensation 6 for services ac ,ually and necessarily performed, as the board 7 determines to be just and reasonable, and shall be reimbursed for 8 expenses neces ;arily incurred in the performance of his or her 9 duties as director. The salaries of all officers and employees of 10 the district shall be fixed and determined by the directors, The II board of directJrs shall fix the compensation that the election 12 officers shall receive for district elections. For purposes of this 13 section, the determination of whether a director's activities on 14 any specific day arc compensable shall be made pursuant to 15 Article 2.3 (commencing with Section 53232) of Chapter 2 of 16 Part 1 of Division 2 of Title 5 of the Government Code, 17 Reimbursement for these expenses is subject to Sections 53232,2 18 and 53232,3 of the Government Code, 19 SEe. 39, S'lction 71255 of the Water Code is amended to 20 read: 21 71255, Each director shall receive compensation in an 22 amount not to exceed one hundred dollars ($100) per day for 23 each day's atte:ldance at meetings of the board or for each day's 24 service rendered as a director by request of the board, not 25 exceeding a total of six days in any calendar month, together 26 with any expenses incurred in the performance of his or her 27 duties required or authorized by the board, For purposes of this 28 section, the determination of whether a director's activities on 29 any specific day are compensable shall be made pursuant to 30 Article 2,3 (commencing with Section 53232) of Chapter 2 of 31 Part 1 of Division 2 of Title 5 of the Government Code. 32 Reimbursement for these expenses is subject to Sections 53232,2 33 and 53232,3 of/he Government Code. 34 SEe. 40. Section 74208 of the Water Code is amended to 35 read: 36 74208, Each director shall receive compensation in an 37 amount not to exceed one hundred dollars ($100) per day for 38 each day's attendance at meetings of the board or for each day's 39 service rendered as a director by request of the board, not 40 exceeding a total of six days in any calendar month, together 92 AB 1234 -24- I with any expenses incurred in the performance of his or her 2 duties required or authorized by the board. For purposes of this 3 section, the detl:rmination of whether a director's activities on 4 any specific day are compensable shaH be made pursuant to 5 Article 2,3 (commencing with Section 53232) of Chapter 2 of 6 Part I of Division 2 of Title 5 of the Government Code. 7 Reimbursement for thcse expenses is subject to Sections 53232,2 8 and 53232,3 oLhe Govemment Code, 9 SEe. 41, The Legislature finds and declares that transparency 10 in the activities of local governments is a matter of statewide 11 conccrn and not merely a municipal affair, as that term is used in 12 Section 5 of Article XI of the California Constitution, Therefore, 13 this act shall apply to charter cities, charter counties, and charter 14 cities and counties, 0 92 t . EAST VALLEY WATER DISTRICT 2005 UPDATE TO URBAN WATER MANAGEMENT PLAN SUMMARY OF FINDINGS October, 2005 A preliminary d "aft of the District's 2005 Update to its Urban Water Management Plan has been reviewed by Staff, Lilburn Corporation is in process of making changes, The Plan will be reviewed again by staff and ready for adoption at the regular Board Meeting of December 1 :1,2005, The State Department of Water Resources (DWR) requires that the Plan be adopted by Board Resolution and submitted to DWR no later than December 31, 2005, DWR is the State Agency responsible for carrying out the Urban Water Management Planning Act. The next Plan update will be required by December 31,2010, Population build out is based on a straight line 2.4% annual growth rate between 2005 and 2015, Based on an analysis of the City of Highland's General Plan, and land use designations within the District's Sphere of Influence, the buildout population of the District would be approximately 93,687 residents occurring in approximately the Year 2020, TABLE 1: SPHERE OF INFLUENCE POPULATION PROJECTIONS 2005 2010 2015 2020 2025 70,3197 79,172 89,140 93,687 93,687 Based on current and projected well capacities, estimated future use of State Project Water, diminishing North Fork Water diversions for irrigation, and per capita water demands stay ng constant, the fOllowing net water supply would occur. The groundwater production number assume all wells (existing and planned) are operating at full capacity 24 hours/day, 7 days/week, TABLE 2: WATER SUPPLY AND DEMAND PROJECTIONS (in acre-feet/year) 2005 2010 2015 2020 2025 Groundwater 47,875' 55,618 55,618 55,618 55,618 SPW Imports 4,481 8,961 8,961 8,961 8,961 North Fork 2,204 1,756 1,398 1,114 887 Surface Deliveries TOTAL SUPPL.Y 54,560 66,335 65,977 65,693 65,466 , - . Water Demand 24,724 27,837 31,341 32,940 32,940 System Losses 479 556 556 556 556 (10% of awl TOTAL 25,203 28,393 31,897 33,496 33,496 DEMAND NET SUPPLY 29,357 37,942 34,080 32,197 32,197 OVER DEMAND 'Production for Year 2005 estimated for October - December period, These tables show that the District has sufficient supply to meet projected demands and to decrease its dependence upon State Project Water if needed, as well as provide a supply during Eixtended periods of drought. Assuming no State Project Water were available and the District could only produce 60% of its well capacity, the total supply would be 34,25.3 acre feet - a net over demand of 762 acre-feet. This assumes that no conservation measures are implemented and per capita water consumption does not change, The DWR requires analysis of extended dry periods to determine the extent of impact to the providers water supplies, Several tables of analyses are being "fine-tuned" for inclusion in the final report, The worst-case scenario of these analyses, presently shows the District able to exceed its demand by a 2% surplus in supply, The Urban Water Management Planning Act also requires an analysis of Best Management Practices and Demand Management Measures to encourage water conservation and reduce supply demands, to the extent financially viable, For the first time, these cost-benefit analyses have been conducted for inclusion in the District's Plan, Although preliminary in form, they show a total potential water savings (over the first four years of the planning period), from 2006 through 2010 of 20,410 acre-feet at a total program cost of over $30 million dollars, Cost Savings to the District (based on cost of water pumped) would be $1,6 million, for a net cost of $28.4 million, The BMPs evaluated are listed below, Within each BMP, a series of Demand Management Measures were evaluated for the cost/benefit analyses, These will be discussed at the Directors direction on Tuesday, October 11, 2005, . Plumbing Retrofit . Interior and Exterior Water Audits for SF and MF Customers . Distribution System Water Audits, Leak Detection and Repair . Metering with Commodity Rates I . La ndscape Water Conservation Requirements . High Efficiency Washing Machine Rebates . Public Information . School Education . Conservation Pricing, Water Service and Sewer Service . Water Conservation Coordinator . Conservation Programs for Commercial, Industrial & Institutional . Ultra-low Flush Toilet Replacement . Water Waste Prohibition