HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 09/08/2009i
o East Valle14y
Water District
3654 HIGHLAND AVE., SUITE #12, HIGHLAND, CA
BOARD MEETING September 8, 2009 3:00 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. Public Comments
2. Approval of Agenda
CONSENT CALENDAR
3. Approval of Board meeting minutes for August 25, 2009
4. Accounts Payable Disbursements: Accounts Payable Checks # 221085 through # 221247
which were distributed during the period of August 26, 2009 through September 2, 2009, in the
amount of $946,381.00 and Payroll and benefit contributions for the period ended September 2,
2009 and included checks and direct deposits, in the amount of $238,528.01. Total
Disbursement for the period $1,184,909.01
OLD BUSINESS
5. Discussion and possible action regarding the appointment of Vice - President for East Valley
Water District Board of Directors
6. Directors Fees and Expenses for August 2009
7. Discussion and possible action regarding claim for damages from Guerth & Associates, Inc.
S. Discussion and possible action regarding the appointment process for the new East Valley
Water District Director
9. Discussion and possible action regarding the District's position on Assembly Bill 1242
REPORTS
10. General Manager / Staff Reports
1 ? . Consultant Reports
12. Committee Reports
a. Legislative (Standing)
b. Budget (Standing)
c. Public Outreach (Standing)
d. Audit (Ad -Hoc)
e. Headquarters (Ad -Hoc)
f. Policy Committee (Ad -Hoc)
13. Oral comments from Board of Directors
14. Association of the San Bernardino County Special Districts, September 28, 2009, Panda Inn, 3223
East Centrelake Dr., Ontario, CA
ADJOURN
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Pursuant to Government Code Section 54954.2(a), any request for a disability - related modification or
accommodation, including auxiliary aids or services, that is sought in order to participate in the above- agendized
public meeting should be directed to the District's Administrative Manager at (909) 885 -4900 at least 72 hours
prior to said meeting.
------------------------------------------------- --- --- -- --- ---- --- ----- -- - - --
7
Subject to approval
EAST VALLEY WATER DISTRICT August 25, 2009
REGULAR BOARD MEETING
MINUTES
President Wilson called the meeting to order at 3:00 p.m. Mr. Wright led the flag salute.
PRESENT: Directors: LeVesque, Sturgeon, Wilson
ABSENT: Director: Morales
STAFF: Robert Martin, General Manager; Ron Buchwald, District
Engineer; Justine Hendricksen, Administrative Manager
LEGAL COUNSEL: Steve Kennedy
GUEST (S): Charles Roberts (Highland Community News), Jo Mc Andrews
(Mc Andrews & Boyd), Larry Malmberg, Lori Armstrong (ESRI),
Arnold Wright, Margaret Wright, Cherie MacQueen, Dennis
Grimes, Michael Perez, Edward Reyes, Michael Zlaket, Alex
Estrada, Mark Vargas (Mission Infrastructure), Michael Russell
(The Russell Company)
APPROVAL OF AGENDA
M /S /C (Wilson - LeVesque) that the August 25, 2009 agenda be approved as
submitted.
PUBLIC PARTICIPATION
Mr. Malmberg stated that he has sent in his paperwork to the District to be considered for
the vacant Board position.
There being no further verbal or written comments the public participation section was
closed.
APPROVA ?L OF BOARD MEETING MINUTES FOR AUGUST 11, 2009
Director LeVesque requested that the minutes be amended to reflect that former President
Goodin recommended Bobbie Miller for the vacant Board position.
M/S C (LeVesque- Sturgeon) that the August I1, 2009 Board meeting minutes be
approved with noted correction.
RESOLUTION 2009.18 — A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT NOTICE OF COMPLETION FOR
PLANT 40
M /S /C: (LeVesque - Sturgeon) that Resolution 2009.18 be approved.
DISBURSEMENTS
M /S /C (LeVesque - Sturgeon) that General Fund Disbursements 4220888 through
4221084 were distributed during the period of August 12, 2009 through August 19, 2009
in the amount of $1,236,063.03 and Payroll Fund Disbursements for the period ended
August 19, 2009 in the amount(s) of $4,487.90 and $224,123.77 totaling $1,464,674.70
be approved.
DISCUSSION AND POSSIBLE ACTION REGARDING THE APPOINTMENT
OF A VICE PRESIDENT FOR EAST VALLEY WATER DISTRICTS BOARD OF
DIRECTORS
President Wilson nominated Director Sturgeon for the Vice President position.
Director Sturgeon respectfully declined.
Director Sturgeon nominated Director LeVesque for the Vice President position.
Director LeVesque respectfully declined.
No action taken. This item will be placed on the next agenda for further discussion.
DISCUSSION AND POSSIBLE ACTION REGARDING BANKING OPTIONS
AVAILABLE TO THE DISTRICT
Director Sturgeon stated that he requested that this item be placed on the agenda; that he
is interested in seeing what banking services other institutions might be able to offer the
District; that they be within the District's service area and that they are involved with the
community. Director Sturgeon specifically named Arrowhead Credit Union.
Director LeVesque concurs with Director Sturgeon's suggestion but is open to reviewing
all local institutions.
President Wilson stated that the reason you normally change institutions is when you are
unhappy with the service provided and that he is not aware that the District is not happy
with the services that Citizens Business Bank is providing the District.
2
Minutes August 25. 2009 jph
Mr. Tompkins stated that the District has not had any problems with Citizens Business
Bank and that the decision is up to the Board if they would like to review rates and
services from other institutions.
The General Manager stated that the District has received good service from Citizens
Business Bank and that they have been responsive to the Districts needs.
M/S (Sturgeon - LeVesque) that staff be instructed to contact Arrowhead Credit
Union and see what types of services they could provide the District.
Director Sturgeon and LeVesque voted YES.
Director Wilson voted NO.
The motion failed.
DISCUSSION AND POSSIBLE ACTION REGARDING ACWA'S "WATER FOR
TOMORROW" PUBLICATION
This item has been referred to the Public Outreach Committee for review. No action
taken.
DISCUSSION AND POSSIBLE ACTION REGARDING WATER AND SEWER
CAPACITY CHARGE UPDATE PREPARED BY WILLDAN FINANCIAL
SERVICES
The General Manger stated that Willdan Financial Services prepared the study for the
District; that the study was to review costs and impacts related to water and sewer
capacity for current and future needs; that the Sunrise Ranch expansion was taken into
consideration; that the study recommends increases for water and sewer capacity charges
and that he has brought this item to the Board for review and consideration.
Legal Counsel is unclear on the analysis section contained in the report and has requested
clarification.
The General Manager will request clarification from Willdan Financial Services and
bring this item back to the Board at a later date for review.
No action taken.
DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FOR THE
BOARD 311'0 REVIEW THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN EAST VALLEY WATER DISTRICT AND NOBEL SYSTEMS, INC
Director Sturgeon requested that this item be on the agenda and would like the final
agreement be brought back to the Board for review.
3
Minutes August 25, 2009jph
Director LeVesque has a number of concerns regarding the initial proposals for the GIS
conversion and staff's recommendations outlined in a previous memorandum; he would
like the General Manager to clarify a number of concerns.
1. Why did staff recommend AIS if the end product would be the same and the
cost is $200k more than the compering proposal?
2. That memo's from July 28 and August 5 are conflicting why?
3. Why are we wasting $155k that we already spent?
4. Why were security issues not addressed?
5. That there could be hidden costs because Nobel is using proprietary software.
Will they ask us to purchase their software later because of the way the
information is processed?
The General Manager stated that the reasons that staff had recommended AIS were:
1. Outsourcing to India could lead to some loss of control.
2. Nobel was using offshore staff and there could be a language barrier.
3. That staff had an existing track record with AIS and there was an established
level of experience and comfort with AIS.
Director LeVesque asked if the two companies would process the information differently.
Ms Armstrong stated that both companies are using ESRI's latest software versions; that
there could be a difference of how the information is processed depending on who would
be hosting the data; that there are companies who are concerned about security issues
with sending information to offshore agencies; that steps need to be taken when dealing
with offshore: companies; that she likes both companies and has no preference on either
one.
The General Manager stated that the District is hosting the data; that we will be able to
make changes using ESRI's software.
Director LeVesque's greatest concern is sending data overseas. Director LeVesque is
also concerned that the RFP process did not have enough standards set for each company
to submit an accurate or equal proposal; that local employment is an issue; that AIS spent
11/2 years developing the project; that security concerns were not addressed. Director
LeVesque would like this item re- visited by the Board.
The General Manager stated that the District did not have a formal RFP process.
Mr. Malmberg would like to know if the documents that will be sent to India are public
records.
The General Manager stated yes.
4
Minutes August 25, 2009 ph
Mr. Kennedy stated that he is not able to answer whether the documents are public
records at this time.
Mr. Perez stated that he requested similar information from San Bernardino Municipal
Water District and Jurupa Water District and was given the information after disclosing
his purpose for the information.
Ms MacQueen would like to know how the District would handle cost overruns.
President Wilson will not support a re- consideration of this item.
Mr. Reyes offered his appreciation to Director LeVesque for writing a letter to the editor
of Highland Community News and the opportunity for ratepayers to respond to
outsourcing concerns.
DISCUSSION AND POSSIBLE ACTION REGARDING ACWA'S COMMITTEE
APPOINTMENT NOMINEES FOR THE 2010 -2011 TERM
No action taken.
DISCUSSION AND POSSIBLE ACTION REGARDING ACWA'S OFFICIAL
REGION 9 BOARD BALLOT FOR THE 2010 -2011 TERM
M/S!C (Sturgeon - LeVesque) that the Board concurs with the Region 9
Nominating Committee's recommended slate.
DISCUSSION AND SCHEDULING THE DATE FOR THE DISTRICT
FACILITIES TOUR
The Board has directed staff to schedule a date for the facilities tour.
GENERAL MANAGER / STAFF REPORTS
The General Manager reported on the District's operations to date; stated that the
District's new phone system is scheduled for installation on Thursday.
Director Sturgeon has asked that this item be added to the next public outreach committee
meeting and has requested information regarding the number of calls received by the
District and how many calls are routed to the customer service department per month.
CONSULTANT REPORTS
No reports at this time.
5
Minutes August 25. 2009 jph
COMMITTEE REPORTS
Legislative (Standing) — Director Sturgeon stated that the committee had reviewed
a memo from Bob Reeb regarding legislative matters; that the committee is
finalizing the legislative policy and will be bringing it to the Board at a later date.
Budget (Standing) — No Report.
Audit (Ad -Hoe) —No report.
Public Outreach (Standing) — President Wilson stated that the committee had met
and discussed a number of issues including, the Inland Empire Solar Challenge,
Water Quality Conference, Drought resistant plants and community gardens,
Highlighting homes in the District that are environmentally friendly.
Headquarters (Ad -Hoc) — Director Levesque stated that Mr. Kennedy is
reviewing the revised exclusive negotiating agreement.
Policy Committee (Ad -Hoc) — Director Sturgeon stated that the committee had
met and redrafted a number of policies; that this item will be brought back to the
board for consideration when complete.
Information only.
ORAL COMMENTS FROM BOARD OF DIRECTORS
Director Levesque stated that he has tremendous respect for the other Board members
and would like to apologize to the Board for any ill will that has been created between the
Board members, but he was very surprised by the vote they took at a previous Board
meeting related to the GIS contract.
Director Sturgeon stated that the Board must make tough decisions and is a big believer
in the Board process; that he honors the vote taken by the Board, but he stands by his
previous comments related to the item.
Information only.
J m�m
The meeting; was adjourned at 4:18 p.m.
Robert E. klartin, Secretary
George E. Wilson, President
Minutes August 25, 2009 iph
®, EastValiey
ft.ter District
Board Memorandum
From: Brian W. Tompkins /Chief Financial Office
Subject: Disbursements.
Recommendation:
Approve the attached
payroll issued during
September 2, 2009.
Background:
list of accounts payable checks and
the period August 26, 2009 through
Date: SEPTEMBER 8, 2009
Accounts payable checks are shown on the attached listing, and include numbers 221085 to 221247 for
A total of $946,381.00.
The source of funds for this amount is as follows:
Unrestricted Funds $946,381.00
Grant Funds $0.00
Payroll and benefit contributions paid for this period totaled $238,528.01.
Total disbursements $1,184,909.01.
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East Val ley
Water District
Board Memorandum
From: Brian W. Tompkins / Chief Financial Office
Subject: General Manager's Expenses.
Recommendation:
Approve the attached list of payments and reimbursements
for General Manager expenses during the period August
2f3, 2009 through September 2 ,2009.
Background:
DATE: SEPTEMBER 8, 2009
Business and Travel expenses incurred by the General Manager and paid during the reporting period
stipulated above totaled $0.00.
A :summary of theses expenses by authorized payment methods follows:
American Express — R Martin
American Express — J Hendricksen
CalCard -- R Martin
CalCard -- J Hendricksen
CalCard -- E Bateman
Direct Reimbursement
Total
0.00
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DIRECTOR'S FEES AND EXPENSE REPORT
DIRECTOR: Don Goodin MONTH August 2009
Board Meetings: 11
Conferences and Other Meetings
DATE: ORGANIZATION PURPOSE
TOTAL # OF MEETINGS 1 @ $175.00 each $ 175.)0
Travel Expenses: (Details on
Director's Signature 'Cs,.,. ja1(_
Date of Board Approval September 8, 2009
ExpE m Re{wn 08-09
Total Director's Expenses $
Total Director's Meetings & Expenses $ 175.00_
Less any Advance Payments $ _
TOTAL DUE DIRECTOR $ 175.00
EAST VALLEY WAIER DISIRICI
DIRECTOR'S FEES AND EXPENSE REPORT
DIRECTOR: Matt Le Vesaue MONTH August 2009
Board Meetings: 11, 25,
Conferences and Other Meetings
DATE
PURPOSE
8/3 Lry_c)_
EVWD
Goodin Retirement Dinner
8/5
EVWD
HQ Comm.
8/19
SBACC
Weekly Meeting
8/20___
�t3Go.S
SB Cczunty Water Conference
8/21
County
Mtg..w/ GAO re..Purchasing Policies
8/27
& C
Webinar- Fenestration Basics
8/31
1234 on -line course
TOTAL # OF MEETINGS 8 @ $175.00 each
$ 1400.00
Travel Expenses: (Details on Back)
$ _ -
Total Director's Expenses
$
Director's Signature
Date of Board Approval,
2009 Utrecrors fees and Expense Repon -8 -09
Total Director's Meetings & Expenses $ _.
Less any Advance Payments $
TOTAL DUE DIRECTOR $ 1400.00
TRAVEL EXPENSES
Lodair1s: (Detailed receipts attached')
DATE FUNCTION ATTENDED
Personal Auto: (Detailed receipts attached`)
DATE FUNCTION ATTENDED MILES
AMOUNT
TOTAL LODGING $
PARKING FEES
TOTAL FEES $
TOTAL MILES x $.55 per mile
Meals: (Detailed receipts attached`)
DATE FUNCTION ATTENDED AMOUNT
TOTAL MEALS $
Other: (Detailed receipts attached')
DATE — FUNCTION ATTENDED AMOUNT
TOTAL OTHER $
` ORIGINAL RECEIPTS REQUIRED
TRAVEL EXPENSES $ _
(Enter this total on the front of form)
2009 Drtfmws Fees and Expanse 9opond -09
DIRECTOR'S FEES AND EXPENSE REPORT
DIRECTOR: _Morales
Board Meetings: _11
Conferences and Other Meetings
MONTH August 2009
DATE ORGANIZATION PURPOSE
19 _SB Chamber_
_. 20 _SB County
A.M. Meeting _
Water Conference
21 — EVWD_. ,Policy Committee Ad
31 ICMUA_ _Legislative Confereni
Travel Expenses: (Details on
Director's Signatur .
Date of Board pro _.
EVWU Exo AUG 2009 doc
TOTAL # OF MEETINGS-5_ @ $175.00 each $_875.00 __
Total Director's Expenses $_875.00=.=.
Total Director's Meetings & Expenses $_875.00__.__
Less any Advance Payments $
TOTAL DUE DIRECTOR $_875.00
TRAVEL EXPENSES
Lodgings: (Detailed receipts attached *)
_DATE FUNCTION ATTENDED AMOUNT -_
PF:rsonal Auto: (Detailed receipts attached *)
DATE FUNCTION ATTENDED MILES
TOTAL LODGING $
PARKING FEE'S
TOTALFEES $
TOTAL MILES x $.55 per mile $ __
Meals: (Detailed receipts attached *)
DATE FUNCTION ATTENDED AMOUNT
Other: (Detailed receipts attached *)
DATE FUNCTION ATTENDED
* ORIGINAL RECEIPTS REQUIRED
EVW) Exo AUG 2009 doc
TOTAL MEALS $
TOTAL OTHER
AMOUNT
TRAVEL EXPENSES $
(Enter this total on the front of form)
tAJI V/ALLtY WAItK UIJIKII.I
DIRECTOR'S FEES AND EXPENSE REPORT
DIRECTOR: Sturgeon MONTH August 2009
Board Meetings
11 & 25
Conferences and Other Meetings
_DATE_ ORGANIZATION PURPOSE
6
CMUA
5
SB C of C
20
EVWD
21
EVWD
19
SB C of C
Travel Expenses: (Details on
Legislative Committee
Koffee Klatch
Public Outreach Committee
Policy Committee
Koffee Klatch
TOTAL # OF MEETINGS —7 @ $175.00 each $ 1,225.00
Director's Signature
Date of Board Approval _, 09/08/09
Direnors Fees and E%Dense Reoon.doc
$ 755.07
Total Director's Expenses $ 755.07
Total Director's Meetings & Expenses $ 1, 980.07_
Less any Advance Payments $ _
TOTAL DUE DIRECTOR $ 1,980.07
TRAVEL EXPENSES
ladainIs: (Detailed receipts attached *)
_DATE FUNCTION ATTENDED AMOUNT -_
TOTAL LODGING $
Personal Auto: (Detailed receipts attached *)
DATE FUNCTION ATTENDED MILES PARKING FEES
TOTAL MILES
TOTAL FEES $
x $.55 per mile
Meals: (Detailed receipts attached *)
_DATE FUNCTION ATTENDED AMOUNT —
TOTAL MEALS $ —
Other: (Detailed receipts attached *)
DATE FUNCTION ATTENDED AMOUNT
03/09 & 06/013 Metropolitan „Water District Train Fare $ 28.42_
09/55/09 Water Education Foundation Conference Fee c 550.00
na i 1 r in9 ware- RdiirAtj nn Fnnn a}i nn Ai rfnrE `P 1 39
08/30/09 Highland Community News $ 36.95
TOTAL OTHER $ 755.07
” ORIGINAL RECEIPTS REQUIRED
TRAVEL EXPENSES $ 755.07__
(Enter this total on the front of form)
EAST VALLEY WATER DISTRICT
DIRECTOR'S FEES AND EXPENSE REPORT
DIRECTOR: s oN MONTH 406 2009
Board Meetings: B +r ' 914s
Conferences and Other Me:etin s
DATE ORGANIZATION PURPOSE
5 T�A c- iMOTN L Y N rrG _
o.5-- A w R A No,cT IJ L S 147- b- _
TOTAL # OF MEETINGS_ S @ $175.00 each $ r -foo. oa —
Travel Expenses: (Details on Back) $ -6 _
Director's Signature
Date of Board Ap roval _,
Total Director's Expenses $ 'foo, on
Total Director's Meetings & Expenses
Less any Advance Payments $ -Ie _
TOTAL DUE DIRECTOR $ 1 00 00 . oG
TRAVEL EXPENSES
Lod inq§: (Detailed receipts attached)
DATE FUNCTION ATTENDED AMOUNT
TOTAL LODGING
Personal Auto: (Detailed receipts attached *)
DATE - FUNCTION ATTENDED MILES
TOTAL MILES
PARKING FE:€S
TOTAL FEES $
x $.55 per mile $ _
Meals: (Detailed receipts attached *)
DATE FUNCTION ATTENDED AMOUNT
$
F
TOTAL MEALS $
Other: (Detailed receipts attached *)
_DATE y, FUNCTION ATTENDED AMOUNT
TOTAL OTHER $
* ORIGINAL RECEIPTS REQUIRED
TRAVEL EXPENSES $
(Enter this total on the front of form)
654 EAST HIGHLAND AVE #18
HIGHLAND, CA 92346
(909) 885 -4900 FAX(909) 889 -5732
CLAIMS FOR DAMAGES
TO PERSON OR PROPERTY
IiTSTRt1CTI0NS:
1. Subject to certain statutory exceptions, an action for money or damages may not be maintained against the
District unless written claim has been timely presented to the District and rejected in whole or in part.
2. A claim shall be presented by the claimant or by a person acting on the claimant's behalf.
3. Answer all questions. Omitting information could make your claim legally insufficient.
a. Name and address of the person to whom you desire notices or communications to be sent regarding this claim.
a. This claim form must be signed on page 2 at bottom.
s. attach separate sheets, if necessary, to give full details.
SIGN EACH SHEET
7 _Claims _must be filed with Board Secretary. _
TO:EA:i f VALLEY WATER DISTRICT
ame of Claim
ome Address
Business Address of Claimant - City and State Busine s Telephone Number
Give address to which you desire notices or communication No be sen regarding this c aim:
How did DAMAGE or INJURY occur? Give full oarticulars
-fia m m-,%' 4y o'P lisp l e� &,r To
�e c.se j m 1r7 10 gre> C
Men did DAMAGE or INJURY occur? Give full particulars, date, time of day:
Y�rb �e,0 (,9)GCI eI — f /j /py /3jac� ° _✓��"c �<�, wait G� ,e�H
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse
appropriate, give street names and address and mea urements from landmarks:
]
this sheet, where
that particular ACT or OMISSION do you claim caused the injury or damage? Give names of District employees causing the
injury or damage, if known:
l P : N LE.��( T i d &, H e s
What DANIAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed:
What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis
of computation:
(give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis
of Insurance payments received, if any, and names of Insurance Company:
SEE PAGE 2 —(0\7—ER)— THIS CLAIM MUST BE SIGNED ON REVERSE SIDE
Expenditures made on account of accident or injury: (Date - Item) (Amount)
Name and Address of Witness, Doctors and Hospitals:
1:7�T�ZH_1��11�7
For all accident claims place on following diagram names of streets, including North, East, South, and West:
indicate place of accident by "X "and by showing house numbers of distance to street corners.
If District Vehicle was involved, designate by letter "A" location of District vehicle when you first saw it, and by" B" location of
yourself or your vehicle when you first saw District vehicle: location of District vehicle at time of accident by " A -1 " and location of
yourself or your vehicle at the time of the accident by "B -1" and the point of impact by "X ".
NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant.
CURB
or persW filing on
behalf giving
FOR OTHER ACCIDENTS
SIDEWALK
PARKWAY
SIDEWALK
FOR AUTOMOBILE ACCIDENTS
NU i e: All Claim s may be required to be examined as to their claim under
Presentation of false claim is a felony (Calif. Pena[ Code Sec. 72)
CLAIMS MUST BE FILED WITH BOARD SECRETARY.
CURB
n_
n_
n_
u_
it t(C��I I�� East Valley
Water District
P.O. Box 3427
San Bernardino, CA 92413
w eastvalley.org
EAS0827A AUTO 5 -DIGIT 92346
7000000035 01.0001.0035 3511
111 rIBltdPI-hIIIIIdIII4IIIIIIII IMIPhrrIIIIIIIIIIIIIIur
GUERTH & ASSOCIATES INC
ATN: WILLIAM GUERTH
�twoni •aplkCq'E'deor�o76J
�k1�l�l�•T: it � o t •���`
NAME:
GUERTH & ASSOCIATES INC
SERVICE ADDRESS:
ACCOUNT NUMBER:
01520035 -00
METER NUMBER:
0097478804
BILL DATE:
08/27/2009
BILL PERIOD:
07/27/2009 to 08/26/2009
DUE DATE:
09/17/2009
CURRENTCHARGES
WATER SYSTEM 10.45
WATER CONSUMPTION 735.75
CURRENT CHARGES 746.20
PAYMENT OPTIONS
In person at the District Office; night slot available
Automatic payment plan from your checking acccount
Automated Quick Pay (check or credit card)
24 Hours day 909-889-9501
District website at vvww.eastvalley.orgby credit card
We accept Visa, Mastercard & American Express
® •• • • &CIIAT A lartell]
ACCOUNT NUMBER: 01520035 -00
PAYMENT COUPON
SERVICE PERIOD: 07/27/2009 to 08/26/2009
P'. -EASE MAKE YOUR CHECK OR MONEY ORDER PAYBLETO:
is AST' fikLLEYWATERDISTRICT
Service Address
7612 GRIFFITH AVE
0152003500000746200
Billing_ ddress
GUERTH &ASSOCIATES INC
ATN: WILLIAM GUERTH
DUE DATE: 09117/2009
AMOUNT DUE: $746.20
AMOUNT PAID:
EAST VALLEY WATER DISTRICT
P.O. BOX 3427
San Bernardino, CA 92413 -3427
September 02, 2009
I recall speaking to a Mr. Guerth senior, calling from up north (Oregon ?) about a leak on
his property al caused by air in his water lines, He stated the air in the
water lines was bursting his irrigation lines and causing the leaks. He informed me that he
had just paid a. water bill of $300.00 to $700.00 (I don't recall the exact amount) which
he thought he shouldn't have to pay since it was our fault the lines were breaking. He
inquired if we had a program that compensated, helped or reimbursed homeowners with
this problem. lie was not upset, he was calm, but exasperated. He couldn't keep paying
these type of water bills. 1 sympathized with him. I explained about the air in our system
due to demand and water tables being low. I did inform him that air would not break his
water lines but high pressure without a pressure regulator in place could cause problems.
I checked the pressure in this area and found it to be about 128 psi (according to our atlas
sheets) which would /could cause damage to his private lines. I asked him if he knew
offhand if his residence had a pressure regulator he said the house did but the irrigation
lines did not. I suggested he should have one installed to prevent further damage. I also
informed him any leaks on private property would be the homeowner's responsibility. He
acknowledged this but still wanted some assistance with paying his bill. I asked Leida if
we had any programs that help homeowners with high water bills due to leaks and she
said no. I in turn informed Mr Guerth that we had no such programs. In talking further
with him I learned that his irrigation lines were pvc and were buried only 6" deep. I told
him this could be part of his problem as heat and cold could easily subject his pvc piping
to contract /expand and become brittle which would easily break due to high water
pressure. I finally informed him if he felt he had grounds for filing a claim he could do
so as long as he provided paid in full receipts from a plumber for the repair work done to
his irrigation lines.
In conclusion: Leida and I concurred that air in the water did not break his lines but that
high water pressure could. Secondly he did not have his lines regulated. Thirdly, hot and
cold weather may have greatly affected or damaged his lines since they were not buried
deep enough to protect them from the environment. Lastly, no one had been home to
notice the leaking of water on his property since he was out of town. His son was the one
who informed him of the leaks and high water bill on visiting his property. I tried to be
empathetic and helpful with Mr. Guerth but in the end could do nothing to help him with
his high water bill inquiry.
Victor DeLeon
P.S.
I do recall sending Norm out to check his pressure. Norm had a 130 psi reading in the
area which telh: me his pressure regulator was not working properly.
'.0' E.V.W. D.
: ASEMENT
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?7°j is LOT '8' b2� 2t237
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'7
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Total 746.20 0.00 0.00 746.20
(S of 7)
NUM
LLJ. 1401 I_±JnI
J =JRTI I I I
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Pending
---------------------- --------------------------------------------------------
Sort
Account 1520835 0 1 GUERTH
& ASSOCIATES INC Customer:
50153
Service 7612 GRIFFITH RUE
EAST UALLEY
Flo Bal
HIGHLAND
92346-3814 Alpha Code GUERTH
F11 Sew
MAILING ADDRESS
Gov. I.D.
F12 Calls
Address 1 : ATN: WILLIAM GUERTH
Drivers Lie
sFl Usage
jllj
2 ;
Bill Copies 1
i sF4 Meters
sF5 PayAt i
Tenant/Oviner 0
Home Phone : 7148623452 Landlord
sF6,"Tick
Bus. Phone :
Credit Rating-
eCARe
BALANCE DUE DATE
DEPOSIT DEP REQ'D LAST BILLED
_--ifl
W 11 i46.20 99117/2909
ATE
0.80 0.00 08/27/2009
7416.26 1
Print
Total 746.20 0.00 0.00 746.20
(S of 7)
NUM
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OK
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—1 Nxti P[477ab Options oujit
Cancel
ARROW KEYS to Scroll, [F3] or [F4] to Page
Select Call
Attach Lette
Account 15FO-0731:'f 0 J.GUERTH & ASSOCIATES INC Customer, 501,53
Seruice r [E AST UALLEY Activ..T. im. e .
. I
Sch.Notes
_Cmp Notej__j
r2 5769 - �S 154 a i d a
IL 56/25/20991BILLING READ CORRECT Sort
F1 0 Acct
ARROW KEYS to Scroll, [F3] or [F4] to Page F11 Sery
STEUE FARRINGTON ON 8/27/09 BEFORE BILLING ACCOUNT.
STEUE TURNED IN REREAD WITH A READ OF 5856 CURRENT READ
WAS CORRECT. NO REPORTS OF ANY KIND OF LEAKS FROM METER
READER UICTOR MACIAS WHO READ METER ON 8/26/09, OR FROM
STEVE'S REREAD.
till,
Action Find: Browse Nxt j PTV J Tab i Options Quit
Select a group of documents
WATER USAGE HISTORY
Account #; F152OOi5 0 Name; fUERTH & ASSOCIATES INC
Service ; r — f— fAST VALLEY
Read Date
08/26/2009
07/27/2009
06/24/2009
05/26/2009
04/27/2009
03/25/2009
02/24/2009
01/27/2009
12/23/2008
11/24/2008
10/28/2008
09/25/2008
08/26/2008
Days
30
33
29
29
33
29
28
35
29
27
33
30
33
BillType
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
I;egu 1 ar
Usage Avg /Day Amount Billed
545.00
18.17
746.20:
55,00
1.67
84,70,
215.00
7,41
300.70
59.00
2,03
90.10
46.00
1.39
72.55:
15.00
0.52
30.70
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August 11, 2009
MEMORANDUM
To: Board of Directors
From: Robert E. Martin, General Manager
Subject: Board Appointment
I would like to offer the following recommendations regarding the Board appointment process for the
Special Meeting scheduled for Monday, September 14, 2009:
1) All public comments regarding any candidate be heard at the start of the Special Board
Meeting (Agenda Item # 1).
2) The Board should review the procedural aspects of the selection process and have its legal
counsel provide a brief summary.
3) The candidates will be asked to make their presentations in alphabetical order. Each
candidate will be asked to provide a five- minute oral summary of their qualifications and
background.
4) Following; each presentation, Board members will be allowed to ask the candidate any
pertinent questions regarding their qualifications.
5) After all presentations and questions are completed, a nomination process will be
conducted. Each Board Member will be allowed to make no more than one nomination. A
nomination does not require a second. Following nominations, a roll call vote shall be
conducted for the nominees. If any one nominee receives a majority of votes, then this
process is complete and the successful nominee shall be sworn in. If no nominee receives a
majority of votes, then a second roll call vote shall be conducted. As many votes as are
required to select a nominee shall be conducted. The Board President may, at his discretion,
ask each nominee to make a secondary oral presentation to the Board at any time during the
voting process.
6) Once a nominee receives a majority of the votes, he or she shall be sworn into office.
7) If for any reason, the Board is unable to make a selection on September 14th, than a second
Board meeting will be scheduled to continue the selection process.
August 11, 2009
MEMORANDUM
To: Board of Directors
From: Robert E. Martin, General Manager
Subject: Board Vacancy
As you are all aware, Director Goodin has tendered his resignation letter, effective
August 11, 2009, creating a vacancy on the East Valley Water District Board of
Directors. My recommendations regarding the procedure dealing with the vacancy are
listed below for the Boards consideration.
1) The Board should a oint a replacement for this open seat who would
then serve until the next general election.
2) The Board should declare their intent to appoint and direct staff to post the
appropriate "Notices" tomorrow August 12, 2009.
3) The Notice should declare that all interested applicants for the vacancy
should submit their letter of interest no later than close of business on
Friday, September 4, 2009 (in compliance with the 15 day Notice Period)
4) The Board should conduct a Special Board Meeting on Monday,
September 14, 2009 (2:00 pm) for the purpose of appointing a new Board
Member.
5) If needed, a second meeting could be held on Tuesday, September 29,
2009 to appoint a new Board Member. The appointment must be made by
the close of business on Friday, October 9, 2009 to comply with the 60-
day provision mandated by State law.
RGM. etb
AMENDED IN SENATE JUNE 26, 2009
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
CALIFORNIA LEGISLATURE - 2009 -10 REGULAR SESSION
ASSEMBLY BILL No. 1242
Introduced by Assembly Member Ruskin
February 27, 2009
An act to add Section 106.3 to the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 1242, as amended, Ruskin. State water policy.
Existing law establishes various state water policies, including the
policy that the use of water for domestic purposes is the highest use of
water.
This bill would declare that it is the established policy of the state
that every human being has the right to clean, affordable, and accessible
wateren-aureitleljasis, that is adequate for the health and well -being
of the individual and family. The bill would require all relevant state
agencies, including the Department of Water Resources, State Water
Resources Control Board, and State Department of Public Health, to
employ all reasonable means to implement this state policy. Those state
agencies would be required to revise, adopt, or establish policies,
regulations, and grant criteria to further this state policy.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: no.
96
AB 1242
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—2—
The people of the State of California do enact as follows:
SECTION 1. Section 106.3 is added to the Water Code, to
read:
106.3. (a) It is hereby declared to be the established policy of
the state that every human being has the right to clean, affordable,
and accessible water , that is adequate forthe
health and well -being of the individual and family.
(b) "xccicvan4--All relevant state agencies, including the
department, the state board, and the State Department of Public
Health, shall employ all reasonable means to implement this state
policy. Those state agencies shall revise, adopt, or establish
policies, regulations, and grant criteria to further this stateTelhey:
with affordability criteria adopted by the� r4flited States
policy, including establishing
affordability criteria as appropriate.
(c) This section shall apply to water supplies for individuals
and not for new development.
(d) The implementation of this section shall not infringe on the
rights or responsibilities of any publiely- regulated public water
system.
C
96
HILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1242 (Ruskin)
Hearing Date: 08/27/2009 Amended: 06/26/2009
Consultant: Brendan McCarthy Policy Vote: NR &W 7 -3
HILL SUMMARY: This bill establishes in law a state policy that
all cesidents of the state have a right to clean, affordable,
and accessible drinking water. The bill directs relevant state
agencies to take reasonable steps to implement the policy.
Fiscal Impact (in thousands)
Major Provisions 2009 -10 2010 -11 2011 -12 Fund
Depatment of Public Health $165
$165General
review of regulations
State costs to ensure access Unknown Unknown
to drinking water
STAFF C010ENTS: Suspense file.
Current law establishes a policy of the state that the use of
water for domestic purposes is the highest use of water under
the :state's water rights system. In addition, the findings and
declarations included in AB 21 (Sher, 1989) declare that "every
citizen of California has the right to pure and safe drinking
water."
The Department of Public Health regulates domestic water systems
and also provides grant and loan funds to water system operators
for projects to protect, improve, and expand drinking water
supplies. The Department of Water Resources also provides a
variety of grant and bond funds to water supply systems for
projects that relate to drinking water supplies.
This bill establishes in the law the policy of the state that
"every human being has the right to clean, affordable, and
accessible water, that is adequate for the health and well -being
of the individual and the family." The bill requires that state
agencies, including the Department of Public Health, the
Department of Water Resources, and the State Water Resources
Control Board, employ all reasonable means to implement the
policy. Actions to implement the bill could include revising,
adopting, or establishing policies, regulations, and grant
criteria to further the policy. The bill specifies that it only
applies to water supplies for individuals, not for new
development. The bill also directs that implementation of the
bill shall not infringe on the rights or responsibilities of any
public water system.
The Department of Public Health indicates that it will need
additional staff to review and potentially revise existing grant
guidelines or regulations, as required under the bill. The
Department of Water Resources and the State Water Resources
Control Board indicate that their costs to implement the bill
can be absorbed within existing resources.
It is possible that the bill's provisions could be interpreted
by a court as creating an enforceable right, such that the state
would be required to ensure that individuals have access to
clean drinking water at the state's expense. The likelihood of
such a decision is unknown.
BILL ANALYSIS
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2009 -2010 Regular Session
BILL NO: AB 1242
AUTHOR: Ruskin
VERSION: June 26, 2009
DUAL REFERRAL: No
SUBJ;CT: State water policy.
HEARING DATE: July 6, 2009
URGENCY: No
CONSULTANT: Dennis O'Connor
FISCAL: Yes
BACKGROUND AND EXISTING LAW
In 1313, the Legislature passed and the Governor signed the
Water. Commission Act (Stat. 1313, ch. 586). In addition to
establishing a formal state process for appropriating surface
wate:c, the Water Commission Act established as state policy that
domestic water use was a higher priority that other water uses.
When California's water laws were codified in 1943, that policy
was captured in Water Code Section 106, which states:
"It is hereby declared to be the established policy of this
State that the use of water for domestic purposes is the
highest use of water and that the next highest use is for
irrigation."
In 1989, the Legislature passed and the Governor signed the AB
21 (Sher). Among other things, that bill established in Health
and Safety Code 116270 Legislative findings and declarations
stat:..ng:
"(a) Every citizen of California has the right to pure and
safe drinking water."
In November 2002, the UN Committee on Economic, Social and
Cultural Rights adopted "General Comment No. 15: The Right to
Water (arts. 11 and 12 of the International Covenant on
Economic, Social and Cultural Rights)." In that comment, the
Comm..ttee interpreted and provided guidelines regarding the
right: to water pursuant to two articles of the 1966
Int.ei: national Covenant on Economic, Social and Cultural Rights.
In its introduction, General Comment 15 affirms that:
"The human right to water entitles everyone to sufficient,
safe, acceptable, physically accessible and affordable
water for personal and domestic uses."
It notes that the right to water has been recognized in a wide
range; of international documents and reaffirms the fundamental
impo3tance of the right stating that:
"The human right to water is indispensable for leading a
life in human dignity. It is a prerequisite for the
realization of other human rights."
As noted in a UN "Backgrounder" on the human right to water,
"While the General Comment is not legally binding on the 146
States that have ratified the International Covenant, it aims to
assist and promote the implementation of the Covenant and does
carry the weight and influence of 'soft law' ".
PROPOSED LAW
This bill would:
Declare that the established policy of the state is that every
human being has the right to clean, affordable, and accessible
water, that is adequate for the health and well -being of the
individual and family.
Require all relevant state agencies to employ all reasonable
means to implement this state policy. Those state agencies
would be further required to revise, adopt, or establish
policies, regulations, and grant criteria to further this
state policy, including establishing affordability criteria as
appropriate.
Apply to water supplies for individuals and not for new
development.
Establish that implementation of these provisions are not to
infringe on the rights or responsibilities of any public water
system.
ARGUMENTS IN SUPPORT
According to the author, "Access to clean, safe and affordable
water is a fundamental human right essential to our health, the
environment and the economy." "This bill simply ensures that
future regulations, grant programs, and agency practices are
designed to move California forward to a day when everyone in
California can have safe, affordable drinking water so they may
drink their water without endangering their health."
Supporters generally describe problems with accessibility to
clean or affordable water. These included drinking water
quality problems such as excessive levels of nitrates,
pesticides, industrial chemicals, and naturally occurring
chemicals in high concentrations.
As many supporters point out, a consequence of poor water
quality is that many families, particularly in economically
disadvantaged communities, are force to switch to much more
expensive bottled water to meet their domestic water needs.
ARGUMENTS IN OPPOSITION
Opponents raise a number of issues, some of which might have
been addressed by recent amendments. These issues include:
Effect On Long Standing Water Policy - Current law already
es::ablishes that water for domestic purposes is the highest
use of water. Moreover, these provisions have been well
ve'c:ted in the courts. This bill appears to narrow the
domestic preference to "human health and well being" towards
an uncertain purpose or legal consequence.
What: is Affordable? - Current law does not allow water
suppliers to discriminate with customer classes, and further
requires that rates be related to the cost of service, thereby
prohibiting them from creating "affordable" rates at the
expense of other rate payers.
Consequences of Affordability - Currently, when a customer is
unable to pay their water bill the water agency eventually
discontinues water service to the property. If, under this
bill, the water agency is prohibited from discontinuing water
service in such circumstances, other water customers will have
to pay more to cover the costs of the non - paying customers.
COMI-SNITS
Human Right Vs. Other Domestic
priority for domestic water use
California Water Law. However,
domestic water encompasses more
consumption and sanitation purp
Purposes.
is a long
the court
that just
3ses. For
_ As noted above, the
standing policy in
have determined that
water for human
example, under case
3
law, domestic purposes include the watering of barnyard animals,
but riot herds raised for profit. This bill appears to elevate,
with the priority for domestic purposes, priority to water for
the health and well -being of the individual and family above the
priority for other domestic purposes.
New Obligation On the State? This bill would declare in statute
that "the established policy of the state is that every human
being has the right to clean, affordable, and accessible water
?" This bill further attempts to clarify that in establishing
this new policy, the bill:
Would limit state agency responsibilities to what is
"reasonable,"
Would not require any action to supply water for new
development, and Would not impose new requirements or
responsibilities on public water systems.
Given the apparent limitations on implementing this policy, who
would be responsible for ensuring that every human being's
rights to water are being protected, and moreover, who would be
responsible for redressing any violations of those rights? It
is not out of the question that a court may find that it is the
State of California's responsibility to redress any violations
of that policy.
Lifeline Vs. Tiered Rates. Some proponents note that because
California Law does not require lifeline rates for water, there
are some water providers whose rates are simply unaffordable to
the economically disadvantaged. Some water aoency associations
retort that the requirements of Proposition 218 prevent them
from discriminating among customers in the same class. These to
observations are not necessarily irreconcilable.
Last year the Legislature passed and the Governor signed AB 2882
(Wolk). Among other things, that bill clarified under state law
a mechanism compliant under Proposition 218 that would allow
tiered water rates. The Irvine Ranch Water District's (IRWD)
rate structure was the model for the bill. Under IRWD's
structure, water in lowest tier rate is significantly less than
the average rate. While such a rate structure may not always be
possible, it could help address some of the affordability
questions raised by this bill.
What Is Affordable? As recently amended, this bill would
require the state agencies required to implement this bill to,
as a part of revising, adopting, or establishing policies,
regulations, and grant criteria, to also establish affordability
criteria "as appropriate." This would allow the definition of
affordability to:
Be developed through normal processes for establishing or
revising regulations, etc.
Allow the definition to vary from program to program, as
conditions dictate.
SUGGESTED AMENDMENTS: None
SUPPORT
Alliance for Democracy
Breast Cancer Action
California League of Conservation voters
California Nurses Association
California Rural Legal Assistance Foundation
California Teachers Association
Californians for Pesticide Reform
Catholic Charities, Diocese of Stockton
Center for Environmental Health
City of Visalia
Clean Water Action
Comite Civico Del Valle, Inc.
Community Water Center
Environmental Justice Coalition for Water
Federation of Retired Union Members of Santa Clara County
Food & Water Watch
Fort Ord Environmental Justice Network, Inc.
Friends of the River
Goshen Mutual Water Company
Green LA Coalition Urban Ecosystems Work Group
Heal the Bay
Henry T. Peres, Councilmember, District 7
La Asociacion de Gente Unida por el Agua
League of Women Voters of California
Movement Generation
National Nurses Organizing Committee
Natural Resources Defense Council
Pesticide Action Network North America
Physicians for Social Responsibility /Sacramento
Plainview Mutual Water Company
Planning and Conservation League
San Jerardo Cooperative, Inc.
Sierra Club California
Southern California Watershed Alliance
The Women's Foundation of California
Unitarian Universalist Legislative Ministry Action Network
Unitarian Universalist Service Committee
United Nations Conference on Environment and Development
Urban Semillas
West Goshen Mutual Water Company
Winnemem Wintu Tribe
Women's International League for Peace and Freedom
Hundreds of individuals
OPPOSITION
California Municipal Utilities Association
Association of California Water Agencies
Fri.ant Water Authority
Justine Hendricksen
From: Bob Martin
Sent: Tuesday, September 01, 2009 12:44 PM
To: Justine Hendricksen
Subject: FW: AB 1242 (Ruskin), CMUA letter of op
JPH - please print this fact sheet for our meeting on Thursday. Thanks, Bob
- - - -- Original Message---- -
From: Bob Reeb [
Sent: Tuesday, September 01, 2009 12:38 PM
To: David Luker; Bob Martin; Steve Cole
Subject: Fw: AB 1242 (Ruskin), CMUA letter of op
Check out the sponsor's floor letter re AB 1242; particularly, the long -term goals.
Again. CMUA and ACWA are asking for help in stopping this bill.
PIease advise.
17-
Sent from my Verizon Wireless BlackBerry
From: "Rosario Kapeller"
Date: Tue, 1 Sep 2009 09:26:12 -0700
To: <
Subject: RE: AB 1242 (Ruskin), CMUA letter of op
Here is the sponsor fact sheet.
From: Rosario Kapeller
Sent: Monday, August 31, 2009 9:57 AM
To:
Cc: 'Whitnie Henderson'; 'Glenn Farrel'
Subject: AS 1242 (Ruskin), CMUA letter of op
Hey Bob, Hector, and Gail,
Here are some materials for your digestion.
Attached please find:
• CMUA last letter of opposition
• AB 1242, most recent version (this doesn't reflect upcoming amends that got the bill off Suspense that
exempts the State from responsibility)
• Senate Republican Analysis
Concerns with As 1242 (Ruskin)
9/1/2009
1. Does establishing a "right" indicate that you cannot stop service for non payment? If so then the rest of
the consumers have to pay for them.
2. If there is a right to water then can a utility legally charge a remote customer a fee to extend the water
lines to the property? (e.g. person in isolated area who wants to be isolated and then wants to be connected)
3. Can a utility refuse to provide service to an individual when they do not have adequate water supplies?
Land use and water supply nexus: SIB 221 and SIB 610 considerations.
4. If there is a right to water at an "affordable" rate does that mean that rate structures that charge
people more when they use more are in violation of this bill?
5. Can a utility enforce mandatory conservation and efficiency under this bill?
6. What happens to water conservation, 20x2020 under this bill?
7. Concerns with how this bill would affect daily operations.
& How would this affect existing water rights law?
9. Is the State of California ultimately responsible for this "right "?
Rosario C. Kapeller
CMUA
91.5 L Street, Suite 1460
Sacramento, CA 95814
(916) 326 -5800
9/1/2009
VOTE YES ON AB 1242 [RUSKIN] —THE HUMAN RIGHT TO WATER
Co- Sponsors: Alliance for Democracy, Community Water Center, Environmental Justice
Coalition for Water, Food and Water Watch, Unitarian Universalist Legislative Ministry
Action Network - CA, Unitarian Universalist Service Committee, Urban Semillas
Support: la Asociaci6n de Gente Unida por el Agua (AGUA), AGUA Youth, Breast Cancer Action,
California League of Conservation Voters, California Nurses Association, California Rural Legal Assistance
Foundation, California Teachers Association, Californians for Pesticide Reform, Catholic Charities —
Stockton Diocese, Center for Environmental Health, Clean Water Action, Comit6 Civico Del Valle,
Committee for a Better Alpaugh, Committee for a Better Seville, El Quinto Sol de America, Fort Ord
Environmental Justice Network, Federation of Retired Union Members of Santa Clara County, Green LA
Coalition, Movement Generations, Natural Resources Defense Council, Pacific Coast Federation of
Fishermen's Associations, The Plainview Mutual Water Company, Pesticide Action Network North
America, Physicians for Social Responsibility — LA, Planning and Conservation League, San Francisco City
and County, San Jerardo Cooperative, Santa Clara FORUM, Sierra Club California, Southern California
Watershed Alliance, Unidos Para Cambio en Tooleville, Vecinos Unidos, West County Toxics Coalition,
West Goshen Mutual Water Company, Wildcoast, Winnemem Wintu Tribe, The Women's Foundation of
California, Women's International League for Peace and Freedom, several hundred individuals
IN BRIEF
More than 150,000 California residents lack safe water for
drinking, bathing, and washing dishes. Even more have water
service disconnected because they cannot afford to pay their
water bill. This legislation will establish the right of every human
to have access to dean water for basic human needs as a State
policy and instruct State agencies to conform their practices and
programs to this policy.
THE ISSUE
More than 11.5 million Californians rely on water suppliers that faced
at least one violation of State Drinking Water Standards. As many, as
8.5 million of us rely on supplies that experienced more than five
exceedences in a single year. In far too many communities, whose
sole water supply is contaminated, families unable to afford treatment
are often left entirely without safe water. The Central Valley and
Central Coast regions, where more than 90% of the communities rely
solely on groundwater, are at particular risk.
In addition to public health threats, Californians are faced with
rising water bills to treat contamination and upgrade old
imfrastmcmre, which if neglected could even offset the benefits of
treatment. California does not have a universal statewide lifeline
water rate or allocation — similar to out lifeline rates for energy and
phone service — so when costs become excessive, families cannot pay
their bills and, thereby, they risk losing water service entirely.
EXISTING LAW
Existing Public Utilities Code Section 739.8 establishes "access to an
adequate supply of healthful water las] a basic necessity of human
life, and shall be made available to all residents of California at an
affordable cost" This statute applies to all water providers regulated
by the California Public Utilities Commission.
Dozens of state agencies have some regulatory authority over
potable water availability and quality including the Department of
Public Health, the State Water Resources Control Board, and the
Department of Water Resources,
For More information:
Debbie Davis, BjCW (916)743 -4406 or debbic@&jcyy.oro
Yom Goehring, Food and Water Watch (916)444 -8194 or vem @csl.uet
FIRST STEP SOLUTION
AB 1242 creates a policy of the State that includes all State agencies,
in addition to those agencies regulated by the PUC, that share
responsibility for the quality and supply of potable water. By doing
so we ensure that all agencies appreciate their tole in ensuring that
every person has access to clean, affordable water.
Adding a provision to the Water Code explicitly stating
that access to an amount of clean water necessary for basic
human needs is a "right" of every Californian and instructing
State agencies, dealing with water resources, to conform their
programs and practices to this policy will pave the way to ensure
that every Californian will someday be able to confidently fill a
glass of water from their tap and serve it to their families.
LONGER TERM SOLUTION
By setting a clear priority on providing clean affordable water for
basic human creeds, the Legislature will unmistakably focus State
efforts on closing the existing gap that persists between protecting
drinking water and ensuring all residents have a sufficient supply of
clean water so as to sustain healthy living.
In addition, this bill will help identify and generate solutions to
hurdles that frustrate the provision of clean drinking water to all
people, including:
• Lack of long -terra monitoring of drinking water quality.
• Apparent conflict between the State's interest in ensuring
public health and the view that ground water is a local issue.
• Inadequate understanding of the trade -offs and integration
in decisions regarding ground water and surface water.
• Gaps in regulating the quality of ground water used largely
for drinking and other personal uses.
• Inability of some communities to be self-sufficient in
providing dean water due to inadequate financial resources
and inappropriate allocation of costs.
• Need to ensure maximum value from the allocation and use
of existing and future funding.
• Inappropriate allocation of costs to ensure a reliable supply
of clean drinking water to meet everyone's basic health
needs.
From: R. Scott Adams [
Sent: Monday, August 31, 2009 12:18 PM
To: Gary Sturdivan
Ce: 'Steve.Maher'
Subject: FW: ERNIE ALERT!!!! - Yucaipa Fire
Hello Gary,
Scott Adams here, Emergency Response Specialist with Risk Management Professionals, Inc. We've meta time or two when I've
attended ERNIE meetings.
On impressed to see Yucaipa 's needs addressed so quickly.
Do you know if their needs were met via ERNIE Mutual Aid, "outside" of coordinating through the local Operational Area EOC? I can't
tell from the email exchange below if ERNIE was directly involved in supplying the generators, or if the resources were obtained
through other channels.
l m curious about how it actually "worked" to get them the generators.
Thanks in advance for any !nelght you might provide.
Best regards,
Scott
From: Gary Sturdivan [
Sent: Monday, August 31, 2009 12:28 PM
To: R. Scott Adams
Subject:: RE: ERNIE ALERT!!!! - Yucaipa Fire
Hello Scott,
San Bernardino County OA, was not involved with the supply of mutual aid. It was all done through ERNIE and our member
agencies.The OA, told me this morning that they didn't need ERNIE in the OA. I had been talking to YVWD since yesterday afternoon.
Yucaipa Valley Water activated the agreement this morning about 8:15. It was all done by email and phone.
Gary
From: R. Scott Adams [
Sent: Monday, August 31, 2009 1:31 PM
To: Gary Sturdivan
Cc: 'Steve.Maher'
Subject: RE: ERNIE ALERT!!!! - Yucaipa Fire
Gary,
While I 'professionally" think that the San Bernardino Op Area is wrong - headed to not tap / tie into such a wonderful resource, and
potentially leave themselves out of an important information /infrastructure /resource loop -- let me offer a hearty congratulations to
ERNIE" and its member agencies on a job very well done!
ERNIE-embodies, the best in the spirit of emergency management, and the NIMS and NRF philosophy. Your 'forward leaning "posture
is to be admired and emulated.
As both a member of the Risk Management Professionals team, and as a retired fire chief of a local Southern California fire
department, Pn impressed by our organization's planning and action to make Southern California a safer place to live, play and work.
Well done!
Scott
Emergency Response Specialist, RMP Inc.
Fire Chief, City of Torrance, C<I (retired)
USGS Congressional Briefing In D.C. July 28, 2009
Costs incurred were covered by USGS
Speakers
Dr. Lucy Jones, USGS; Steve Sellers, State of California Office of Emergency Services;
Gary Sturdivan, East Valley Water District.
Main topics
• How USGS, California Water Agencies and the State of California coordinated
the planning of the Golden Guardian Emergency Exercise in 2008. How water
agencies used the science of USGS and applied the science to the exercise, what
was learned from the exercise and how we will mitigate the effects of a large
earthquake
• Obtaining funding for USGS and support of long -term goals of USGS in
conjunction with water /wastewater agencies and the State of California.
Long -term goals
• Obtain Federal funding for USGS and the Earthquake Early Warning System in
California, with the ability for water agencies to tie their automatic control
systems into the seismic Early Warning System, which would shut off water
reservoirs and pipelines in the event of a major earthquake. This system could
also be incorporated into other utilities and critical infrastructure.
• Coordination between USGS and water /wastewater agencies within California for
a yearly event to highlight the USGS All Hazards Program.
Results
• 1.7 million dollars added to the USGS 2009 -2010 California fiscal budget, with 1
million dollars going to USGS California Earthquake planning
• Water /wastewater agencies have been recognized as a critical infrastructure in
California and in the U.S. Capitol.
• California Water Task Force has been recognized by the State and a
Water /Wastewater Coordinator Desk has been set up at the State Emergency
Operations Center at all levels.
• East Valley Water District has been asked to join the USGS team in writing the
scenario for Golden Guardian 2011.
• Water /Wastewater issues will be included in the Southern California
"Catastrophic Earthquake Plan." (EVWD is included in this team)
• Senator Feinstein's Office initiated contact with East Valley Water District on
ways they can help Water /Wastewater Agencies with emergency issues - See
Attachment
SSA Co- Sponsors Public Briefing on
"Disaster Preparedness: Lessons from the
Great Southern California ShakeOut"
30 Jul 2009
Panelists at the briefing were (1 -r): Gary Sturdivan (East Valley Water District), Stephen Sellers (CalEMA),
and Lucy Joneaa (USGS).
Washingtoni, DC— Last November, over 5 million people participated in the Great
Southern California ShakeOut, making it the largest disaster preparedness drill in
U.S. history. On July 29th, 2009 the Congressional Hazards Caucus Alliance held a
public briefing at the U.S. Capitol Visitors Center on "Disaster Preparedness: Lessons
from the Great Southern California ShakeOut." Jointly sponsored by SSA, GSA, AGU
and IRIS in cooperation with the Congressional Hazards Caucus and the Co- Chairs of
the Caucus, `.senators Mary Landrieu, Lisa Murkowski, and Ben Nelson, and
Representatives Dennis Moore, Jo Bonner, and Zoe Lofgren. Approximately 45 people
attended the briefing including key staffers from a number of Senate and House
offices.
Panelists were Lucile Jones, Chief Scientist, Multi Hazards Project, U.S. Geological
Survey, Gary Sturdivan, Emergency Manager, East Valley Water District, San
Bernardino, California, and Steven Sellers, Assistant Secretary for Prevention,
Operations and Recovery, California Emergency Management Agency (CalEMA). They
highlighted the science behind the Shakeout and the implementation of the
ShakeOut to strengthen infrastructure and improve emergency response. Some of
the keys to success included a broad -based outreach program, media engagement,
and public advocacy by hundreds of partners. A comprehensive science -based
earthquake scenario helped make the hazard real to people, and communication
approaches that applied decades of social science research helped get them to be
better prepared.
The panel also focused on the interdependency of utilities and infrastructure
resilience, and the tangential losses to the nation that would be associated with
California being off -line with a large earthquake in Southern California. Even more
important than the ShakeOut event itself has been the changes that have been
taking place to strengthen resilience before disaster strikes, with steps being taken
by communities, critical infrastructure operators and emergency managers. A
statewide ShakeOut exercise is planned for October 15, 2009, in what is hoped will
become an annual exercise. And work is underway on a statewide scenario for a
catastrophic winter storm, taking the lessons of ShakeOut to a new set of hazards.
Speakers hope that the Shakeout will also serve as a model for other regions of the
country, including the Central US observations of the anniversary of the New Madrid
earthquakes of 1811 -1812.
Gary Sturdiyt ,an
From: Stone, Adam (Feinstein) [
Sent: Thurscay, August 27, 2009 11:40 AM
To: Gary Sturdivan
Subject: Topics for today
Gary,
Here are a few topics we would like to discuss this afternoon. My apologies for the short notice and
we're looking forward to speaking with you.
Thank you,
Adam
Conference call with Gary Sturdivan and CaIEMA Preliminary Itinerary:
The success of the 2008 Great Southern California Shakeout was overwhelming and invaluable. The
ShakeOut highlighted multiple areas of concern that fall within the authority of the Federal Government
and are of interest to Senator Feinstein. Generally, we would like to know more regarding aging water
infrastructure systems and the aftermath of a large magnitude earthquake, similar to the one involved in
the Shakeout scenario.
Specific questions include:
• What studies are currently being conducted to indentify vulnerable water, tank structure and
sewage systems (specifically those contained in aging asbestos lined concrete pipes) along the
San Andreas Fualt corridor? Are the results available?
• Where will water and wastewater mains could fail, and how long will LA and surrounding
counties will be without running potable water?
• Is there a recommended amount of bottled water that should be available following a disaster?
If so, are there requirements in place for public facilities to store a certain quantity of bottled
water?
• Does California's Multiyear Training and Exercise Plan include ways to improve the security of
water transference infrastructure?
• Has the prioritization of water and wastewater repair parts coming into California been
determined?
• Is there a water task force (comprised of multiple water utilities and emergency management
agencies) report available that highlights the specific needs of your community following a
catastrophic disaster?
9/2/2009
GEOSCIENCE Support Services, Inc. will be hosting the September 28th, 2009 Membership
Meeting at the Panda Inn, 3223 East Centrelake Drive in Ontario. The social hour will begin
at 6:00 PM with a call to order at 6:45.
Dinner will be "Chinese Buffet"
Cost: $35 Per Person
Program: `Slant Wells and Other New Techniques in Well Design" and will be given by
Dennis; Williams, President of GEOSCIENCE Support Services, Inc.
RSVP to Julie Cobos at GEOSCIENCE Support Services, Inc. P.O. Box 220 Claremont, CA
91711/ jcobos @geoscience- water.com (909) 451 -6650 Please RSVP by September 21
Make checks payable to ASBCSD, ATTN: Renee Latu
9850 Banyan Street,
Rancho Cucamonga, CA 91737
District /Associate:
Attendee (s):
Reminder: There is a $2 surcharge for reservations made after the deadline date, as
well as for coming to dinner with no reservations. You will also be billed for the dinner
if your cancellation is not received prior to the deadline.
Directions to the Panda Inn:
Take the 10 Freeway and exit Haven Avenue
Go South on Haven to Guasti
Go West on Guasti to Centre Lake Drive
Go right on Centre Lake Drive
End at 3223 E Centre Lake Dr,
Ontario, Ca, 91761
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Minutes for the
Association of San Bernardino County Special Districts
Membership Meeting
July 20, 2009 at 7:00 PM
Percy Bakker Community Center
Hesperia, CA
I. CALL TO ORDER
The membership meeting was called to order at 7:00 PM, by Director Tiegs. Director Tiegs introduced
Don Webb the Recreation Supervisor III for Hesperia Recreation and Park District.
Don Webb introduced the Hesperia Recreation & Park District Board of Directors which included,
President Bob Chandler, Director Rebekah Swanson, and Director Jack Hamilton. He also introduced their
foundation Board of the Hesperia Area Recreation District- Percy Bakker, Jeanne Helsley, Carol Hill, and
Charlene Peters..
II. INVOCATION & FLAG SALUTE
Robert Chandler, Board President of Hesperia Recreation & Park District led the pledge of allegiance and
Jack Hamilton, Director for the Hesperia Recreation & Park District gave the invocation.
III. INTRODUCTIONS
1. Hosting agency — Hesperia Recreation & Park District
IV. SPEAKER
Sergeant Linzy Savage, from the Hesperia Police Department gave a presentation on the P.A.L. (Police
Activities League) program, which is an outreach program for underprivileged kids. PAL provides a safe
environment for the local kids to engage in activities, free from the influence and pressure of gangs,
drugs and crime. This program started on east coast and has spread rapidly through the nation. Most of
the PAL program revolve around the sport of boxing and also provide free tutoring and counseling for
both kids and parents. Generally the participating kids are from the ages of 5 to eighteen; however the
age group in Sergeant Linzy Savage's group is from 12 to 18.
With the help of Lindsay Woods of Hesperia Recreation & Park District, they put together a functional
plan to implement the program. County Supervisor Brad Mitzeifelt provided them with their first donation
and they soon formed a Board of Directors consisting of the Mayor, Hesperia Police Captain, Lieutenant,
local business owner and the local fire chief.
They worked hard to find dedicated and structured trainers. With the success of the trainers they have
trained three boxers that will enter the 2012 Olympics or plan to go professional. They are teaching the
kids respect and holding them to a higher set of standards for achieving their goals.
Today they have 58 students (of which 25 are girls). The focus today is about choices and showing them
how better choices can provide better opportunities. The intent of PAL is to provide a positive and safe
environment for kids. The motto for our program is "The Power of Choice"
V. DINNER AND DRAWING
Dinner was served to 44 attendees
A total of $120 was collected for the raffle. Three (3) $20 amounts were raffled to the membership along
with the beautiful wine /wine glass gifts donated by the Hesperia Recreation & Park District; a total of
$120 was deposited into the scholarship fund.
VI. NEXT MEETING:
The next membership meeting is September 28, 2009 and is being hosted by the Geoscinece at the
Panda Inn; "Slant Wells and Other New Techniques in Well Design" and will be given by Dennis
Williams, President of GEOSCIENCE Support Services, Inc.
VI. ADJOURN:
Director Tiegs adjourned the meeting at 8:17 pm