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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 06/08/2010East - Valley t40Wa-*:er District 3654 HIGHLAND AVE., SUITE 412, HIGHLAND, CA BOARD MEETING June 8, 2010 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 May 11, 2010 4. Accounts Payable Disbursements: Accounts Payable Checks # 224378 through # 224566 which were distributed during the period of May 18, 2010 through June 1, 2010 in the amount of $571,780.35 and Payroll and benefit contributions for the period ended June I, 2010 and included checks and direct deposits in the amount of $63,513.53. Total Disbursement for the period $581,293.88. 5. General Managers Fee's and Expenses OLD BUSINESS 6. Discussion at d possible action regarding the Santa Ana Sucker Task Force NEW BUSINESS 7. Discussion and possible action regarding improvements to the 1155 Del Rosa Facility 8. Resolution 2010.07 A Resolution of the Board of Directors of the East Valley Water District Disposing of Surplus Property 9. Director's fees and expenses for April and May 2010 REPORTS 10. General Manager/ Staff Reports 11. Consultant Reports 12. Committee Reports a. Legislative (Standing) b. Community Affairs (Standing) c. Policy Committee (Ad -Hoc) d. Labor Negotiations (Ad -Hoc) e. Headquarters (Ad -Hoc) 13. Oral comments from Board of Directors CORRESPONDENCE 14. Letter to the District from CaIPERS regarding actuarial evr~crience study MEETINGS 15. Association of The San Bernardino County Special Districts membership meeting hosted by The Helendale Community Service District, Silver Lakes Restaurant & Lounge, .Tune 21, 2010 CLOSED SESSION 16. 17 CONFERENCE WITH REAL PROPERTY [Government Code Section 54956.8] Property: Parry with whom District will negotiate: Party who will be negotiating on behalf of the Distn.!: Under Negotiation: 9.5 +/- Acres of Vacant Land APN(s): 1191- 251 -02, 1191- 251 -05. and 1191 - 251 -06 San Bernardino County, State of California Potential Buyers Robert Martin / Jim Cimino Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL — ANTICIRA, ED LITIGATION Significant exposure to litigation pursuant to Government nde Section 54956.9(b) One Potential Case 2 18. CONFERENCE WITH LABOR NEGOTIATOR [Government Code Section 54957.6(a)] District Negotiator: Vice President LeVesque, Director Malmberg Employee Organization: S.B.P.E.A. ANOUNCEMENT OF CLOSED SESSION ACTIONS ADJOURN ---------------------------------------------------------------------------- Pursuant to Governm, -nt 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. 3 Subject to approval EAST VALLEV WATER DISTRICT MAY 11, 2010 REGULAR BOARD MEETING MINUTES President Wilson called the meeting to order at 3:00 p.m. Director Sturgeon led the flag salute. PRESENT: Directors: LeVesque, Malmberg, Morales, Sturgeon, Wilson STAFF: Robert Martin, General Manager; Ron Buchwald, District Engineer; Brian Tompkins, Chief Financial Officer; Justine Hendricksen, Administrative Manager LEGAL COUNSEL: Steve Kennedy GUEST(s): Charles Roberts (Highland Community News), Aaron Hodgdon (The Hodgdon Group), Penny Lilburn (City of Highland), Dennis Barton (City of Highland), Mark Vargas (Mission Infrastructure), Dennis Johnson, Dr. Katy Hendry, Ross Jones (City of Highland), Richard Corneille (CDM), Cara VanDijk (CV Strategies), Erin Gilhuly (CV Strategies) APPROVAL OF AGENDA M /S /C (Sturgeon - LeVesque) that the May 11, 2010 agenda be approved as submitted. PUBLIC PARTICIPATION President Wilson declared the public participation section of the meeting open at 3:01 p.m. Mr. Johnson stated that IVDA would like the District to sell the 3rd & Sterling property to them; that the twenty -two acre site could produce future jobs for the community; he also suggested that the board consider the K -Mart building for the Districts Headquarters as this site is the most effective for the District's headquarters facility and it would be in the best interest of the public. There being no written or other verbal comments, the public participation section was closed. Information only. Minutes: 0511 1 / 10 jph RESOLUTION 2010.02 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT - NOTICE OF COMPLETION EXECUTED BY THE DISTRICT FOR FURNISHING \ND INSTALLING A NEW WELL PUMP FOR PLANT 25A M/S /C (LeVesque - Malmberg) that Resolution 2010.12 be approved. DISBURSEMENTS M/S /C (LeVesque- Malmberg) that General Fund D:�hursements #224048 through #224223 distributed during the period of April 20. 201E through May 3, 2010 in the amount of $240,471.10 and Payroll Fund Disbursements for the period ended May 3, 2010 in the amount of $239.949.58 totaling $480.420.68 be ipproved. DISCUSSION AND POSSIBLE ACTION REGARDING THE 2010 RATE STUDY The General Manager stated that the rate study is nearh complete; that due to time restraints he recommends that the Board schedule a specia� meeting next week regarding this item. A special meeting has been scheduled for Vdednesday, May 19'h at 3:00 p.m. No action taken. K -MART BUILDING PRESENTATION FROM MISSION INFRASTRUCTURE Mr. Vargas provided a power -point presentation to the Board. He stated that he is presenting this information as a private citizen and is not working for the District. Mr. Vargas reviewed a chain of ex ents that have taken place o\ (.,,- the past several months; that they are working on resolving a number of issues including the Lis Pendens and REA concerns. Mr. Vargas also stated that there are a number )± ,cenarios that the Board needs to consider regarding the h. -Mart property. Mr. Vargas stated that this window of opportunity won't stay open forever but he doesn't wart -lie Board to feel pressured to make a decision. The General Manager stated that the District doesn't hat e the means to pay for this project and that this item was not included in the rate studv The Board formed an ad -hoc committee consisting of Directors LeVesque and Morales to review a number of possibilities regarding the K -Mart propc rte . 2 Minutes: 05/1 1 / 10 jph DISCUSSION AND POSSIBLE ACTION REGARDING THE K -MART PROPERTY No action taken. DISCUSSION AND POSSIBLE ACTION REGARDING ENGAGEMENT LETTER FROM ROGERS, ANDERSON, MALODY & SCOTT, LLP (RAMS) Mr. Tompkins stated that the proposal includes a 5% decrease from last year's proposal. M /S /C (Sturgeon- Wilson) that the engagement letter from Rogers, Anderson, Malody & Scott. LLP (RAMS) be approved. DISCUSSION AND POSSIBLE ACTION REGARDING THE AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO The General Manager reviewed the agreement with the Board and recommends approval. M/S /C (LeVesque - Malmberg) that the agreement between East Valley Water District and the ?,edevelopment Agency of the City of San Bernardino be approved. DISCUSSION AND POSSIBLE ACTION REGARDING THE AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH CDM FOR CONSULTING SERVICES FOR THE BIDDING AND CONSTRUCTION OF PLANT 134 UPGRADE AND EXPANSION PROJECT M/S (LeVesque- Sturgeon) that the agreement with CDM for consulting services for the bidding <Lnd construction of Plant 134 upgrade and expansion project be approved. Director Morales had questions regarding exhibit "A ", the last sentence in 1.3.2 of the agreement, and language relating to state grants that should be incorporated in the document. Director's LeVe sque and Sturgeon amended their motions to include appropriate language regarding state grants be added to the agreement. M/S /C (LeVesque- Sturgeon) that the agreement with CDM for consulting services for the bidding and construction of Plant 134 upgrade and expansion project be approved and that appropriate language relating to state grants be added to the agreement. RESOLUTION 2010.03 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT AUTHORIZING EXECUTION OF A GRANT OF EASEMENT TO THE CITY OF HIGHLAND, AND EASEMENT FOR THE ROADS, DRAINAGE AND PUBLIC UTILITY PURPOSES UPON, 3 Minutes: 05/11/]0 jph UNDER, OVER AND ACROSS THE REAL PROPERTY IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO. STA : E OF CALIFORNIA The General Manager stated that the City is requesting a:n easement in order to begin construction and street imprm ements to smooth out the "S` .:urve on Greenspot Road. Director Morales would like to know what road impro, ernents would be done to the property that the District owns and based on the value of easement would the District be able to have a credit from the City in return for gramin;a f-tem the property easement. M/S /C (Malmberg - Sturgeon) that Resolution 2010.0.', be approved. RESOLUTION 2010.04 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT AUTHORIZING EXECUTION OF A GRANT OF EASEMENT TO THE CITY OF HIGHLAND, AND EASEMENT FOR THE ROADS, DRAINAGE AND PUBLIC LTILITY PURPOSES UPON, UNDER, OVER AND ACROSS THE REAL PROPERTY IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO. STA "I E OF CALIFORNIA M/S /C (Malmberg- Sturgeon) that Resolution 2010 0 -1 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING CORRESPONDENCE FROM THE DISTRICT TO SENATOR FEINSTEIN M/S /C (LeVesque- Sturgeon) to ratify the actions of the Legislative Committee regarding the letter sent to Senator Feinstein's office. DIRECTORS' FEES AND EXPENSES FOR APRIL 2010 were presented to the Board for approval. Vice President LeVesque stated that his expense report should reflect 10 meetings, not 19. President Wilson stated that one of the meeting dates should he changed to reflect April 20th not April 22nd M /S /C (Sturgeon - LeVesque) that the Directors' fees and expenses for April 2010 be approved with the noted corrections. GENERAL MANAGER/STAFF REPORTS The General Manager reported on the District's operations to date; that the Army Corps of Engineers is scheduled to begin testing at the Seven Oaks Dam. however there is some concerns that the testing will affect the Santa Ana Sucker Fish; that the water main replacement project on Vine and Union Streets has been completed; that EFMWC has scheduled an informational meeting on May 12th at 600 ptr. fhe General Manager also 4 Minutes: 05/11;10 jph stated that he wi l be giving a presentation to the San Bernardino Valley Municipal Water District's Adviscry Committee on Thursday, May 13`h at 7:00 pm. Ms Hendricksen stated that the Inland Empire Solar Challenge will be held at the Yucaipa Region Park on May 21 -23. Information only. CONSULTANT'REPORTS No reports at this time. COMMITTEE REPORTS a. Legislative (Standing) — No report. b. Community Affairs (Standing) — No report. c. Policy Committee (Ad -Hoc) — No report. d. Labor Negotiations (Ad -Hoc) — The committee met with Dr. Mathis at the recent ACWA conference. ORAL COMMENTS FROM THE BOARD OF DIRECTORS Director Malmb -rg stated that he attended the recent ACWA conference; he also attended the ethics training and talked to a number of vendors at the conference. Director Sturgeon stated that the Railroad day's event went well. Vice President LeVesque also attended the recent ACWA conference. Director Morales stated that he will be in Sacramento on Friday and might sit in on the ACWA legislative committee meeting. President Wilson stated that he also attended the ACWA conference. Information only. LETTER OF APPRECIATION TO THE DISTRICT FROM THE HIGHLAND SENIOR CENTER ASSOCIATION OF THE SAN BERNARDINO COUNTY SPECIAL DISTRICTS MEMBERSHIP MEETING HOSTED BY THE INLAND EMPIRE RESOURCE CONSERVATJON DISTRICT, SHANDIN HILLS GOLF COURSE, MAY 17, 2010 SPECIAL DISTRICT AND LOCAL GOVERNMENT INSTITUTE "ADMINISTRATION" CONFERENCE, OMNI SAN DIEGO HOTEL, NNE 10 -11, 2010 The Board took a five- minute break at 4:36 pm. 5 Minutes: 05 /11 /10 jph CLOSED SESSION The Board entered in Closed Session at 4:44 p.m. as prc � ided in the California Open Meeting Law, Government Code Section 54945.9(a), to di��ccuss those items listed on the Agenda. ADJOURN TO REGULAR SESSION President Wilson declared that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 5:40 p.m. The items listed _)n the agenda were discussed in closed session with no reportable action being taken. ADJOURN The meeting was adjourned at 5:41 p.m. Robert E. Martin, Secretary George F:, Wilson, President 6 Minutes: 05111 /10 jph East Valley Wager District Board Memorandum From: Brian W. Tompkins /Chief Financial / er Subject : Disbursements. r Recommandation: Approve the attached li>t of accounts payable checks and payroll issued during the period May 18, 2010 through June 1. 2010. Date: JUNE 8, 2010 Background: Accounts payable checks are shown on the attached listing and include numbers 224378 to 224566 for A total of $571,780.35. The source of funds for this amount is as follows: Unrestricted Funds $571,780.35 Payroll and benefit contributions paid for this period totaled $63,513.53. 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(n 0 U) U) H H F U' 0 0 N 0 Ul N N O c c c c c `a) c c c c c C N N N N N N N N O) N m p d' R' K of K W (0 O N N �0 N N N 01 W M U/ N N O N C C N m E E °a �E �_ m �� of E N °E E E N °E M a) of O of �E O °E °om oc c O 0 U J 0 p w < 0 D O o o O 0 o w 0 a p W N N = N v a c F- N 0 V6 0 ~ o < < N < y 2 N Z y Z C C J V% U) 0 (� N (% p O (n m 7 0 (n m m J N U) J m F- J H 3 J F- O O n a1 N U U D U U U U U U U 0 o c o 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 O O N (p O N ` O N 00 N N N N (p O N O N O N 'D O_ N (0 N 1 O O _O N N N N N N N O O 0 N N N N Z u 0 N N N O N O 00 Y O Y O Y O Y O Y 0 0 Y o 0 0 Y O Y O Y O Y O Y O Y O Y 0 0 > > 0 > U > G > U > U > > U < > > U > U > U > U > U > U > U > > d O O v O v O o r (n c0 o 1p o l( m m (p l(j Cl n Lp o 01 o m tp m N 11] (V LLi f'1 1p N N LD N O m {p 0 � r o Oo �n V o 0 Oo � o ym in m m pro �n Or Or .Qn 0 �o V r N l N n I n ^ N^ N^ N N^ N N N^ ❑ ❑ ❑ D ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ r r (f1 rn (D o o O Q (D (D (D (o rn O 0 Q N ,D N m N O ((> �� Q Q W W O U; m (D (p Q a-!• 0 0 r r r r N m N N N � (D m m (D m (D N N co r V m N N (D tD r r (o M N (D (o 00 C O N N O O N tD O O N MM MN Z co Q (n w W U H } (w Z j O J LU a > F Q Q J ~ W LU W U z O LU Z Q z tY U H 2i w J Ow J Z U Z v m U H N ¢ w w Q Q 2 a OU D Q of 0 C) w > O (n m O O w w C7 w a (wi z m i > m F Oa w w O w W O Q w ~ ti Q M m Q w U > > > Of } N N U _ (n m o CO o D O _ _ U U R at at rn O o 0 ry E O C O N E E Q N N N CJ C) (n UJ O JE oar (D °E E °nE �E of oO° om o= o❑ o� o� om o n wo o w o 00 �o w¢a v, z� w� ¢� d� w y w_ O c N N N O N c'1 Q N w ~ ? Q O = U F- U CO > > > = >m > > } > > N O N �' U i_ (n O U �+ U rn U D H U U U :J U U ii ii O 7 d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n 0 0 o c o 0 0 0 N N N N N N N N N ry N N N N O O— � 00 O N N N O O N O N N N N N N N N N N N (� N YO YOO YO Y00 YO YOO YO Y00 YO Yr, YO YO YO YO J > U > > U > U > > U > U > > U > U > > U > c_ -- U > U > U > U > w 0 o u� �O t0 M N LO O N N N M M r r r N N H > U N W_ CLI W H Q � C H N C O U N C O O N O cf) U U� a 0 0 N � O N O N �O V o r YO U > 0 fD N � (D Q N � N o East.Valley t4DWai-er District Board Memorandum From: Brian W. Tompkins / Chief Financial Officer Subject: General Manager's Expenses. v Recommendation: Approve the attached list of payments and reimbursements for General Manager expenses during the period May 19, 2010 through June 1, 2)10. Background: Date: JUNE 8, 2010 Business and Travel expenses incurred by the General Manager and paid during the reporting period stipulated above totalec, $1208.08. A summary of theses expenses by authorized payment methods follows: American Express — R Martin 869.35 American Express — J Hendricksen CalCard — IR Martin CalCard — ,1 Hendricksen CalCard — 1= Bateman Direct Reimbursement 338.73 Total 1208.08 East Valley Water District Board Memorandum No. B- 20 -2010 From: Robert Martin, General Manager Subject: Santa Ana Sucker Task Force Date: June 8, 2010 Recommendation: Approve the Task Force Cost- Sharing Agreement, the Conflicts of Interest Consent Form and the Proposed Scope of Work and Budget Background: The District has been participating for some months now with an informal Task Force of public agencies for the purpose of responding to the US Fish and Wildlife Service's proposed expansion of the critical habitat for the Santa Ana Sucker. Initial technical comments were prepared and filed by the Valley District, Western MWD and the City of Riverside. The Task Force collaborated on the preparation of economic impact comments with the help of John Husing. We are now ready to continue a broad effort of implementing projects to enhance the species, not the habitat, and to focus on the legal and political aspects of this debate. As of this date, 13 agencies have expressed an interest in participating financially in this process. These include water agencies, city and county governments as well as several private companies. I have included a number of documents for your review and consideration. These are as follows: 1) Joint Prosecution and Cost - Sharing Agreement regarding the Proposed Rule of the United States Fish and Wildlife Service to Designate Critical Habitat For the Santa Ana Sucker 2) Santa Ana Sucker Task Force — Potential Conflicts of Interest Memo and Consent 3) Santa Ana Sucker Task Force Scope of Work and Budget The cost sharing agre sment is still in draft form and subject to minor revisions. The scope of work and budget provides a good description of our proposed plan of action on several technical, legal and political fronts. As you can see, the budget for all tasks proposed equates to approximately $407,000. If all 13 agencies participate (which is not confirmed) then the individual cost per agency would be approximately $31,000. In the event two or three agencies are not able to participate, the cost could rise by another $10,00. 1 have included these amounts in our proposed 2010/2011 EVWD Budget. In the mean time, however, the task force must continue its work as described. I am requesting your consideration to officially join the task force and commit to a funding level not to exceed $41,000 (to be included in next year's budget). Fiscal Impact: $41,000 to be included in the 2010/2011 Operating Budget DRAFT [5 -28 -10 Version) JOINT PROSECUTION AND COST - SHARING AGREEMENT RE PROPOSED RULE OF THE UNITED STATES FISH & WILDLIFE SERVICE TO DESIGNATE CRITICAL HABITAT FOR THE SANTA ANA SUCKER This Joint Prosecution and Cost - Sharing Agreement ( "Agreement ") is entered into by and among the undersigned (the "Parties "), as listed on Exhibit A hereto. RECITALS A. The Parties are cooperating on efforts to analyze, review and comment on the United States Fish &: Wildlife Service's Proposed Rule to Designate Critical Habitat for the Santa Ana Sucker ( "Proposed Rule "). The Proposed Rule may have negative consequences for the Parties, dependir on the specifics of the finally adopted rule and the course o administrative prose dines on establishing the rule The Parties have agreed to cooperate reasonably in efforts o analyze and comment upon the proposed Rule in an effort to avoid litigation regarding t e Proposed Rule, and depending upon the outcome of the proceeding on the Proposed Rule. t prepare for potential litigation regarding it. These cooperative efforts include the utilization of various experts and consultants to assist with the review of and preparation of comments on the Proposed Rule and the provision of consulting expert opinion relative to the necessity, wisdom. and efficacy of potential challenges to it. These cooperative efforts are more particularly described in the scopes of work attached hereto as Exhibits _, and incorporated herein by this reference. B. Through this Agreement, the Parties desire to govern their payment of costs and fees arising from their cooperative efforts related to the retention and use of consulting expert on the Proposed Rule, and to confirm their common interests in maintaining a joint prosecution CONFIDENTIAL JOINT PROSECUTION MATERIAL MPUIMPUCKETrN396625.2 with respect to the Proposed Rule, to allow them to continue to share information related to the Proposed Rule, while continuing to preserve, to the fullest extent possible, the protections of the attorney- client privilege, work product privilege, common - interest doctrine, deliberative process privilege, executive privilege, Rrivileges regarding mediation of -s,eUl,ement communications.. or any other privilege or protection existing under state or federal Iaw. AGREEMENT NOW, THEREFORE, in consideration of the above recitals. and the mutual covenants and conditions contained herein, the Parties agree as follows: 1. The Parties shall each initially contribute the sum of $ which represents each Party's per capita contribution to pay for the fees and costs collectively incurred in their said cooperative efforts on the Proposed Rule. [Name of Party] shall have the responsibility for collecting each Party's contribution of funds, processing invoices submitted by the experts and consultants pursuant to their scopes of work attached hereto, coordinating communications among the Parties to the retained consultin.- experts, and for maintaining an accurate accounting of this administration of funds. The Parties acknowledge that the costs of this joint effort may exceed the consultants' initial estimates set forth in the attached scopes of work, and/or the contribution of funds set forth in this Paragraph. The Parties will work cooperatively tegether to make any necessary additional calls for funds to pay for the work included in the consultants' scopes of work and/or to expand the scopes of work to meet the Parties' joint goals. Nothing in this Agreement shall be construed to require a Party to pay more than its above - referenced 'n� itial per capita contribution towards the total cost for the current scopes of work, which is estimated to be $ 2. For purposes of this Agreement, "Joint Prosecution Materials" includes, but is not CONFIDENTIAL JOINT PROSECUTION MATERIAL SDPUMLPUCKETT396625.2 limited to, all communications (including communications related to the Proposed Rule made prior to the execution of this Agreement), factual materials, mental impressions, legal analyses, theories or strategies, memoranda, reports, notes, emails or any other communications or documents that are protected from disclosure by the attorney- client privilege, work product privilege, deliberative process privilege, executive privilege, common- interest doctrine, joint prosecution/defense doctrine, privileges regarding mediation or settlement communications or any other privilege or protection existing under state or federal law, and that are exchanged among the Parties an d/or their respective counsel in connection with the Proposed Rule. Joint Prosecution Materials deesdo not include final versions of any correspondence, studies, or reports prepared by or on behalf of one or more Parties intended for review by the United States Fish & Wildlife Semite or a non - Party. 3. The Parties will maintain as confidential all Joint Prosecution Materials (as defined above). Disclosure of Joint Prosecution Materials shall be limited to the Parties and their employees and contractors as well as any counsel, consultants, and lobbyists retained by the parties, or on behalf of the parties, for the purpose of maintaining a joint prosecution with respect to the Proposed Rule., subject to the further provisions of this Agreement. 4. Any Joint Prosecution Materials shared or transmitted by or between Parties should be clearly designated "CONFIDENTIAL: JOINT PROSECUTION MATERIALS." However, the failure to include such designation shall not preclude such materials from being afforded the protecti ins of this Agreement and shall not be construed to constitute a waiver of any privilege or other protection. 5. Each Party shall take all appropriate measures to ensure that any person who is granted access to Joint Prosecution Materials is familiar with the terms of this Agreement and CONFIDENTIAL JOINT PROSECUTION MATERIAL SDPUB\LPUCKEr1%396625.:? complies with those terms. 6. Except where required by the order of a court of competent jurisdiction, or by the prior written consent of the _ i i Q Part—i ,s, a Party will not reveal to non - Parties any Joint Prosecution Materials it has received from another Party. Each Party shall notify the Party that generated anv Joint Prosecution Materials of any request to disclose the Joint Prosecution Materials to any non -Party, or of any proceeding before any court, administrative agency, or tribunal to compel the disclosure of such Joint Prosecution Materials, as soon as practicable after receipt of such request or the initiation of such proceeding. If a Party becomes subject to any judicial or administrative order purporting to compel release of Joint Prosecution Materials, that Party shall: (a) promptly notify the Party that generated the materials and all remaining Parties, and (b) make ail reasonable efforts to give that Party an opportunity to protect the Joint Prosecution Materials, 8. No party is required to treat as confidential within the meaning of this Agreement any material where such material is, or hereafter becomes (without violation of this Agreement), public record. nublic knowledge or is obtained from sources other than exchanges under this Agreement. 9. The sharing of Joint Prosecution Materials among the Parties is not intended to and will not constitute a waiver of any privilege or other protecti nn of confidentiality, including but not limited to the attorney - client privilege, work product pri\ ilege, common- interest doctrine, deliberative process privilege, executive privilege, bilge es re_1_ati _ to mediation or settlement communications or any other privilege or protection existing under state or federal law. 10. Execution of this Agreement constitutes the mutual agreement of the Parties that any sharing of Joint Prosecution Materials among themselves is reasonably necessary for the CONFIDENTIAL JOINT PROSECUTION MATERIAL SDPUM1,PUCKETM96625.2 accomplishment of the Parties' common purposes as described above. Any sharing of Joint Prosecution Materia. s among the Parties is in reliance on this Agreement and the protections that arise from the Parties' common interests in reviewing and commenting on the Proposed rule. 11. Nothing in this Agreement shall obligate any Party to exchange documents or information with any other Party, whether or not such documents or information would be covered by this Agreement as Joint Prosecution Materials. 12. By this Agreement the Parties each acknowledge and agree that cooperation in the matters referenced a )ove may involve the communication and sharing of confidential information and further agree that the interests of the Parties are not adverse as to matters within the scope of this Agreement. Each of the Parties has had a full opportunity to consult with separate counsel, is fully informed, and has concluded that the risk of any potential conflict of interest is outweighed by the benefits and efficiencies afforded by the opportunities for cooperation and sharing of Joint Prosecution Materials as provided for herein. The Parties consent to the sharing of Joint Prosecution Materials among their counsel, waive any potential conflict of interest created thereby, and mutually agree that this sharing of Joint Prosecution Materials and cooperation shall not constitute grounds for seeking disqualification of counsel in any matter or action. 13. If there is a breach of this Agreement by a Party, the Parties agree that the non - breaching Party will have no adequate remedy at law in money or damages and shall be entitled to seek and obtain, iri addition to all other remedies that may be available, a temporary restraining order, injunctive relief, or other equitable relief against the breach or its continuance. 14. Nothing in this Agreement shall be construed to waive any rights, claims, or privileges that any Party shall have against another Party or any other person or entity. CONFIDENTIAL JOINT PROSECUTION MATERIAL SDPUB\L.PUCKETTl996625 15. This Agreement shall be binding upon the successors and assigns of the Parties. 16. This Agreement is made under, and shall be construed in accordance with, the laws of the State of California. 17. The individuals signing this Agreement in a representative capacity warrant that they have the authority to do so on behalf of the entity or entities .hey represent, and further agree that as representatives of the entity or entities that they respectively represent, they themselves are bound by all terms of this Agreement. 18. Any Party may withdraw from this Agreement by providing written notice to the other Parties. If a Party withdraws from this Agreement, the prop isions of this Agreement shall continue to apply to the Joint Prosecution Materials that were shared during the time period when that Party was a party to this Agreement. 19. All notices and other communications required to he given to a Party under the terms of this Agreement (1) shall be in writing, (b) shall be personally delivered, or transmitted by facsimile or email, and (c) shall be directed to such Party at the address, facsimile number or email address specified below, or at such other address, facsimile number or email address as such Party may hereafter designate by notice in accordance with this paragraph. 20. This Agreement may be executed in counterparts, each of which so executed shall be deemed an original irrespective of the date of the execution and said counterparts shall together constitute one and the same Agreement. Further, facsimile or .PDF copies of signatures shall be as effective as original signatures for evidencing execution of this Agreement. Print Name: CONFIDENTIAL JOINT PROSECUTION MATERIAL SDPUBQ.PUCKETr,396625.2 Date: Title: Representing: CONFIDENTIAL JOINT PROSECUTION MATERIAL SDPUMPUCKEM396625 2 MEMORANDUM To: Santa Ana Sucker Task Force (list of agencies attached) From: David Aladjem, Downey Brand LLP Greg Wilkinson, Best Best & Krieger LLP Date: June ; , 2010 Subject: Potential Conflicts of Interest — Santa Ana Sucker Task Force As all of you know, last year the U.S. Fish & Wildlife Service issued a draft rule designating most of the Santa Ana River and much of the San Gabriel River as critical habitat for the Santa Ana sucker (Catostomus santaanae). The group of public and private agencies listed above are coordinating their efforts through the Santa Ana Sucker Task Force (Task Force) to respond to the proposed designation through a concerted biological, economic, legal and political strategy. Attached tc this memorandum is a proposed cost - sharing and joint defense agreement for the Task Force effort for review by your respective legal counsel and, it is hoped, approval by the appropriate governing boards. The purpose of this memorandum is to clarify our firms' roles in the Task Force effort. Best Best & Krieger LLP represents the City of Riverside and Western Municipal Water District of Riverside County (Western); Downey Brand LLP represents the San Bernardino Valley Municipal Water District (Valley District). Our two firms have taken the lead, on behalf of our respective clients, in 3rganizing the Task Force and retaining consultants. Subject to approval by the various governing boards, it is proposed that Best Best & Krieger (BB &K) and Downey Brand's fees associated with this effort will be paid by the Task Force members (including our respective clients). Vowever, we will not represent the Task Force members; instead, each firm will only represent its current clients. It is important for each of you to understand this point. Downey Brand, for instance, will continue only to represent Valley District in this effort. Best, Best & Krieger, likewise, will continue to represent only Western and the City of Riverside. Neither Firm will have an attorney - client or other relationship with any other member or members of the Task Force as a result of this effort. Thus, absent the joint defense agreement attached to this Memorandum, any communications by Task Force members other than Valley District to Downey Brand or Western and the City of River ide with BB &K are public documents. Similarly, neither Downey Brand nor BB &Kwill have it duty of loyalty or duty of confidentiality to any Task Force members other than their clients as a result of this effort. Consequently, no member of the Task Force may seek to disqualify Downe} Brand or BB &K on the ground that it represents any member of the Task Force other than their clients as described above 1080369.1 It is also important that Valley District (with regard to Downey Brand LLP) and Western Municipal Water District of Riverside County and the City of Rig erside (with regard to Best Best & Krieger LLP) understand several other points. To the extent that other members of the Task Force have agreed to pay a portion of our fees in this effort, Rule 3- 310(F) of the California Rules of Professional Conduct requires us to obtain your consent to our accepting payment from those Task Force members on your behalf. Rule 3- 310(F) providei, in relevant part: "A member shall not accept compensation for representing a client from one other than the client unless: (1) There is no interference with the member's independence of professional judgment or with the client- lawyer relationship; and (2) Information relating to representation of the client is protected as required by Business and Professions Code section 6068, subdivision e); and (3) The member obtains the client's informed written consent." The Rules of Professional Conduct require us to inform you in writing "of the relevant circumstances and of the actual and reasonably foreseeable adverse consequences to" you of payment of your fees by the other Task Force members. We believe that there are three potential adverse consequences that could occur from this arrangement, although we also believe that none of these is likely to occur. First, other members of the Task Force could try to manage or control our representation of you, which would, if allowed, interfere with our independent judgment in representing you or with our attorney - client relationship with you. We will not allow that to happen. We understand that the Task Force intends to operate by consensus, which satisfies our respective obligations to our clients. However, in the event of a disagreement with the proposed course of action by Valley District, Mr. Aladjem will continue to represent Valley District only. Similarly, in the event of a disagreement with the proposed course of action by either Western or the City of Riverside, Mr. Wilkinson will continue to represent those agencies only. Second, other Task Force members may seek to obtain confidential information that we gather on behalf of Western, the City of Riverside or Valley District through the proposed process. An attorney is bound by California Business and Professions Code Section 6068(e)(1) to "maintain inviolate the confidence, and at every peril to him sel for herself to preserve the secrets, of his or her client." To protect such information, we are proposing that all members of the Task Force enter into a cost - sharing and joint defense agreement, which will require all members of the Task Force to hold information that they obtain from either Best Best & Krieger LLP, Downey Brand LLP or otherwise in this process confidential:. Third, it is possible that one or more members of the Task Force could, in the future, decide not to contribute to the payment of our legal fees. In that event, you would need to take over payment of our fees. Because this was the situation prior to the formation of the Task Force, we do not believe that you would find that circumstance detrimental. 1080369.1 In summary, eve believe that the proposed arrangements are beneficial for Task Force members other than 'Western, the City of Riverside and Valley District in that they will benefit from the work of Beet Best & Krieger LLP and Downey Brand LLP. We also believe that the proposed arrangements are beneficial for Valley District, City of Riverside and Western because other members of the Task Force will pay a portion of the costs of this effort. As noted above, however, there are potential disadvantages for each member of the Task Force. If your organization is willing to proceed with the Task Force, we ask that you execute the consent below (which may be executed in counterparts). CONSENT I, _, represent that I am authorized on behalf of to execute this Consent. , after having had the opportunity to consult with independent counsel Aits choice, acknowledges receipt of the foregoing written disclosure and agrees to the foregoing arrangements. If is a client of either Best Best & Krieger LLP or Downey Brand LLP, hereby consents to the partial payment of counsel's fees by members of t ie Task Force. If is not a client of either Best Best & Krieger LLP or Downey Brand LLP, hereby acknowledges that the Task Force does not create any a:tomey- client relationship with either law firm and that Best Best & Krieger LLP will continue only to represent the City of Riverside and Western in this matter while Downey Brand LLP ,vill continue only to represent Valley District in this matter. Date: June , 2010 1080369.1 Santa Ana Sucker Task Force Members Bear Valley Mutual Water Company Big Bear Municipal Water District City of Colton City of Highland City of Redlands City of Riverside Public Utilities City of San Bernardino Municipal Water Department East Valley Water District Orange County Public Works Riverside County Flood Control and Water Conservation District San Bernardino County Flood Control District San Bernardino Valley Municipal Water District San Bernardino Valley Water Conservation District Southern California Edison Western Municipal Water District of Riverside County Yucaipa Valley Water District 108036].1 Santa Ana Sucker Critical Habitat Designation Proposed Scopes of Work (Consolidated) May 19, 2010 The following table summarizes the proposed scopes of work and costs for the Santa Ana Sucker Critical Habitat Designation Task Force through December 31, 2010. Discipline Scope Task Cost Total Biology (PBS &J Roy Leid}, Camm Swift, Jonathan Baskin, Kerwin Russell) Task 1— General Assistance $38,100 Task 2 — Meeting Participation $25,200 Task 3 - SAS Enhancement Plan and Project Implementation $104,600 Task 4— Alternative Streams Investigation $26,400 Task 5 — Responses to USFWS Economic Study $5,80 0 $200,100 Legal (BB &K and Downey Brand) Task 1— General Coordination $39,600 Task 2 — Preparation of Comments on Economic Analysis $38,703 Task 3 — Preparation of Enhancement Project $79,361 Task 4- Review and Advice on Final Rule $13.20 0 $170,864 Advocacy (Richard Katz) Task 1— Coordination of Advocacy Efforts 36 000 36 000 Grand Total $406,964 Notes: 1. All costs associated with the preparation of the Economic Analysis performed by John Husing are covered by Valley District under an existing contract. 2. It is anticipated that implementation costs associated with development of SAS habitat at RCRCD or Cal Pc ly Pomona, in addition to costs for additional studies (i.e. genetics study) would be covered by the mitigation fund established and supported by Valley District and Western Municipal Water District. Allocation Options As of May 19, 13 agencies have committed to providing initial funding of $5,000. All of those funds ($65,000) will be applied to the costs shown in the table. If we assume that the same number of agencies agree to participate in the project through the end of the year, the total cost per agency would be $31,300. As more agencies choose to join, the cost per agency would be reduced accordingly, or vice versa. REVISED SCOPE OF WORK AND BUDGET 22 April 2010 ACTIVITIES ASSOCIATED WITH RESPONDING TO THE PROPOSED RESESIGNATION OF CRITICAL HABITAT FOR THE SANTA ANA SUCKER Task 1. General Consulting Assistance PBS &J (Leidy and colleagues) will assist the Santa Ana Sucker (S AS) Task Force, as requested, with assignments not included in other tasks. Budgeting for this task assumes that this task covers two time periods: 1 April through 30 Jun 2010 and 1 Jul,. through 31 December 2010. The period from 1 April through 30 July 2010, a period of 13 weeks, assumes an average labor commitment of 4 hours per week ($11,700 labor). Other direct costs are estimated at $1,000 for this same period (air fare, rental car, etc.). Total budget through 3C' .Tune 2010: $12,700. Post 30 June through 31 December 2010 labor budget (26 weeks) with the same assumptions: $23,400. Other direct costs: $2,000. Total budget from July through December: $25,400. Grand total budget (Labor and other direct costs) for this task from 1 April through 31 December 2010: $38,100. Task 2. Attendance as SAS Conservation Team and Other Relevant Meetings This task has been consolidated into this scope of work and budget from PBS &J Project No. 100012843 which was initiated on I March 2010. Leidy will attend up to 10 meetings of the SAWPA Santa Ana Sucker Conservation Team (including the Restoration Working Group) and the Southern California Native Aquatic Fauna Working Group between 1 March 2020 and 31 December 2010 for the purpose of providing input to the interested parties on the introduction of the SAS in the Santa Ana River watershed, and to gather information on the proposed activities of these groups. Each attendance is expected to be a one -day e� ent. Leidy will summarize in writing the content of each meeting related to SAS issues along +pith any recommendations for actions on the part of the SAS Task Force. Each meeting is expected to require up to 8 hours in travel and meeting time, plus travel expenses (airfare, rental car and gas, one meal, and personal vehicle mileage. Labor budget (meetings plus write -ups) at 9 ]tours per meeting plus 0.5 hours administrative time per meeting: $20,900 (Before 30 June 2010 $5,225; Post 30 June 2010: $15,675). Other direct costs: $4,300 (Before 30 June: $1,075; Post 30 June 2010: $3,225). Total labor and other direct before 30 June: $6,300. Total labor and other direct costs post 30 June 2010: $18,900. Total labor and other direct costs from 1 March through 31 December 2010: $25,200. 1 Task 3. SAS Enhancement Plan and Proiect Implementation There are two phases to this task. Phase 1 Leidy, working closely with Sam Fuller, is charged with developing a plan to enhance the survival of the SAS population within its existing range in the Santa Ana River basin. The focus geographically will be from the Rialto Drain downstream to the Imperial Highway. This is the reach of the Santa Ana River that currently supports or recently supported the SAS and the reach that will have the greatest probability of implementing a successful project. The plan may include upland sites within this general river reach. The plan will contain appropriate adaptive management elements focused in the short-term on stabilizing the SAS population in the Santa Ana River. The goal is to have one on- the - ground project in place by the end of September 2010. Specific constraints and milestones of the plan are: • The project must be completed by 30 September 2010; • The project design must avoid any permitting requirements (other than permission from the USFWS to capture, move, rear, and reintroduce SAS) to meet the schedule (i.e., no 404, 401, 1602, or other permits); • The project should focus on improving spawning and /or juvenile rearing habitat for the SAS, if feasible; • Leidy et al. will meet with the USFWS (Ren Lohoefener, Pacific Southwest Regior al Director) to present the plan and request approval to move SAS to the project site, if necessary; • Leidy et al. will request concurrence from the California Department of Fish and Game ;Curt Taucher, Regional Manager), and will also request that CDFG release up to 1200,000 in funding already provided by San Bernardino Valley Municipal Water District and Western Municipal Water District to CDFG under the terms of the wai.er rights settlement with CDFG; and • Post - project monitoring and O &M will be required. To assist with Phase I, Leidy will engage the expert services of Dr. Camm Swift (ENTRIX, Inc.), Dr. Jonathan Baskin (San Marino Environmental Associates), and Kerwin Russell (Riverside - Corona Resource Conservation District), as necessary, to design the project. Phase 1 has substantial unknowns at this time relative to the difficulty of implementing a project. If the process goes smoothly (for example, the project can make use of existing facilities at the RCRCD), then the cost will be less than the cost estimated herein. Leidy has budgeted a moderate level -of -ef nt, but by no means a highly complicated or expensive scenario. Planning 2 for Task 3, Phase 1, is to be completed prior to 30 June 2010 The budget is based on all activities undertaken prior to 1 July 2010 and does not include Phase 1 construction- related planning or construction implementation. The budget breakdown is presented in the attached table. The total budget prior to 1 July 2010: $391120. The total budget for the period from July through December 2010: $65,480. Total Task 3, Phase 1 budget for 2010: $104,600. Phase 2 Phase 2 is a longer term continuation of Phase 1 that will occur ovcr a two to three -year schedule at a funding level of approximately $100,000 to $150,000 per year. Phase 2 will develop additional projects that enhance are stabilize the SAS populatien vithin its existing range in the Santa Ana River basin. Project undertaken during this phase may require permitting and may focus on any activity that enhances SAS survival or improves habitat. Phase 2 is not budgeted at this time and will not be budgeted until Phase 1 is completed and we know better the level -of- effort required to continue with additional projects. Task 4. Alternative Streams Investigation This task will focus on evaluating the feasibility of establishing SAS populations elsewhere in the Santa Ana River basin outside of the current range of the species. New refugia for the SAS will be evaluated taking into consideration the following: • Location relative to the parent population and existing infrastructure; • Selection criteria for evaluating the suitability of specific locations to support viable populations of the SAS over time, including a risk analysis of potential threats; and • Financial and institutional requirements to create, maintain, and monitor SAS populations at selected locations. Leidy et al. will evaluate a select number of tributaries to the Santa Ana River that may contain the PCEs necessary to support an introduced SAS population .'n the future. This investigation will be at the reconnaissance level and the product will be a report nresenting the results. Task 4 will be initiated prior to 30 June 2010, and will be completed prior to the end of calendar year 2010. Leidy will use experienced; mid -level fish biologists frog, PISS &J to assist with this task to contain costs. Approximately 25 streams will be evaluated. The evaluation will also include site visits to confirm environmental conditions. A records searcl of resource agency files may also be required. The labor costs incurred prior to 1 July 2010 will be for information gathering and site visits. This cost is estimated at $11,200. other direct costs prior to 1 July: $3,500. Total budget prior to 3 1 July: $14,700. Completion of the report following 30 June 2010 is estimated at $11,200. Other direct costs after 30 June: $500. Total budget after 30 June: $11,700. Total budget for task: $26,400. Task 5. Additional Responses to the Economic Study Leidy will provide additional comments, if necessary, on the draft economic study issued by the USFWS. This effort is estimated at 24 hours labor ($5,400) plus other direct costs ($400), for a total budget of $5,800. Budget Summary for the Proposed Scope of Work Task I March -30 June ($ 1 July -31 December ($) Total ($) 1 12,700 25,400 38,100 2 6,300 18,900 25,200 3 39,120 65,480 104,600 4 14,700 11,700 26,400 5 5,800 0 5,800 Total 78,620 121,480 200,100 4 Legal Budget /Scope Santa Ana Sucker Critical Habitat Designation Task I — General Coordination This task involves general coordination efforts with the Santa Ana sucker task force and attendance at the monthly task force meetings. For purposes of the budget /scope, we have assumed that the task force will meet monthly from April through September and then meet in either October or November. Task 2 Preparation of Comments on Economic Analysis Task 2.1 involves legal coordination with John Husing as he prepares his comments based on the project descriptions submitted by participating ager ci-s. We anticipate that most of those comments will focus on the economic impacts of critical habitat designation, but we anticipate some need to work with }]using to establish the legal f}a-nework for his analysis. Task 2.2 involves the attendance at the Fish & Wildlife Service hearing on the economic analysis. Task 3. Preparation of Enhancement Proiect Task 3.1 involves legal coordination with Roy Leidy as he works with Camm Swift and John Baskin to develop the proposed Santa Ana sucker enhancement project. Task 3.2 involves preparing for and meeting with officials at the Fish & Wildlife Service to obtain their consent to the implementation of the project(s) developed by Leidy, Swift and Baskin. Task 3.3 involves the negotiation of a safe harbor agreement, a 100) population designation, or other legal /regulatory means to ensure that the Santa Ana task force parties' projects are fully protected from limits caused by the enhancement efforts. Task 4. Review and Client Advice on Final Rule This task involves review of the final critical habitat designation rule once it is issued by the Fish & Wildlife Service and advising the Santa Ana sucker task force about potential avenues in light of that designation. 10]4]56.1 v rl c 0 dG .y d Q R R �i u U d Y 0 h R C Q Y T K' E ° o � N O N O H iA H H w H 0 H rn c 0 sNV H c�z H �y 0 0 «k� u v 3 h o ° 3 c U n' w ❑ °'3 ° E C O H F F F F H U m w H H H L E ° u T K' F E ° o � o� H H iA H H H 0 E rn c 0 0 6 «k� u v 3 h o ° 3 c U n' w ❑ F E ° o � v T Q � E tt3i. «k� u v 3 w 3 o ° 3 c U n' w ❑ °'3 ° E H F El H F F F F H DRAFT April 21, 2010 The purpose of this letter is to summarize and confirm the term and conditions of the agreement by Richard Katz Consulting Inc, ( "Consultant ") and XXXXX ( "Client'). SCOPE OF SERVICES The Client retains Consultant to provide strategic advice as it relates to the Federal Governments effort on the Santa Ana Sucker Critical Habitat Designation. Consultant shall offer a critical political overlay to the efforts of the government relations team representing XXXXXXXXX in Washington, DC. Efforts shall include but not be limited to review of current strategy, assistance in developing new and innovative strategy going forward, and coordination of efforts with federal, state and local entities. PROFESSIONAL FEES In compensation for the services performed by Consultant on behalf of Client, as outlined above, Client agrees to pay Consultant a monthly retainer of $5,000 per month for 90 -days and then $3,500 per month until the issue is resolved. REIMBURSEMENT OF EXPENSES INCURRED Client will reimburse Consultant on a monthly basis for any out -of- pocket expenses reasonably incurred by Consultant on its behalf including, but not limited to, document reproduction charges, facsimile charges, long distant telephone calls, travel expenses and messenger fees. Consultant will send a statement of expenses incurred each month. No expenditure in excess of Three Hundred Dollars !$300.00) per month will be made without prior written consent from Client. TERMINATION Either party upon th rty (30) days written notice to the other party may terminate this agreement. In the event of such termination, Consultant shall bill Client for all professional services, independent contractor expenses and other costs incurred up to the date of termination. NO REPRESENTATION THAT PERMITS OR SERVICES WILL BE APPROVED OR SUCCESSFUL It is impossible to predict the approval or non - approval of any action, which requires discretionary government action. Consequently, while consultant will conscientiously perform all of its responsibilities outlined above, we cannot and do not make any representation to Client that any of the services discussed herein will be granted, acknowledged or approved by any governmental or public jurisdiction. Client acknowledges that none of its obligations under this letter agreement is dependent or conditioned upon approval of any service. Consultant, its employees and associates, shall not be individually or collectively liable to client, or any parly claiming through Client, for any damages resulting from the denial of any discretionary permits or from errors or omissions in connection with any services provided hereunder for any reason other than willful misconduct. Consultant shall not be liable to Client, or any party claiming through Client, for any damages resulting from the denial of the application of any governmental approval or service. ATTORNEY'S FEES In the event that an y litigation is commenced concerning any provision of this letter agreement, the prevailing party will be entitled to recover, in addition to any other relief granted by the court, a reasonable sum for its attorney's fees incurred in the litigation. CONCLUSION We believe that the above terms and conditions accurately summarize our agreement for the performance of services related to the project. If you concur, please indicate your approval and acceptance by dating, signing and returning this letter agreement. We have enclosed a signed copy of this letter for your records. We are very pleased that we are able to be of service to you and look forward to working with you. All the Best, Richard Katz AGREED AND ACCEPTED; m XXXXXXXXXXXXXXXX Date st Val ley t4vfater District Board Memorandum No. B- 21 -2010 Date: June 8, 2010 From: Robert Martin, General Manager Subject: Facility Improvements to District Yard Background: As you are well aware, the Districts Field Operations are conducted out of our complex at 1155 Del Rosa Ave. This facility also houses our Garage and Maintenance facility, our Meter Sl-op and our Warehouse. The site sits on a relatively small parcel of usable land and incl ides a collection of industrial buildings and portable offices. We have been forced to make do with this complex during the last few years as we have worked on various possibilities for our Headquarters Project. As the Board has now decided to expand our offices at Highland and Palm Ave. and to focus our Capital Program on water and sawer projects, we need to begin investing resources into our Del Rosa property. I have asked our senior staff to begin developing a priority list of needs for the site. This will allow us to begin budgeting for these projects. The most immediate need for the site is new bathroom facilities for our field crews. We will be including portable restroom facilities in our proposed 2010/2011 budget which will soon be ready for your review. Ultimately, we may also wish to include shower and additional locker facilities, if space permits. We also need to conduct general repairs to the portable offices, re -roof the garage and warehouse, and make various improvements to our warehouse facilities. During the next few years, we will also need to repave the site. I propose that we continue this discussion during our Budget review when we can decide on the specific projects to move forward on during this year. RESOLUTION NO. 2010.07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT DISPOSING OF SURPLUS PROPERTY WHEREAS, the East Valley Water District (hereinafter referred to as "the District") is a county water district organized and operating pursuant to California Water Code Section 30000 et seq.; WHEREAS, the District is the owner of approximately 9.54 acres of vacant land located on the south side of H:gbland Avenue, east of Victoria Avenue and west of Central Avenue, in the City of San Bernardino, County of San Bernardino, State of California, which is more particularly described as Asses;;ors Parcel Numbers 1191- 251 - 02,1191- 251 -05, and 1191- 251 -06, and is further described and depicted in Exhibits "A" and `B" attached hereto and incorporated herein by this reference (hereinafter referred to as "the Property "); WHEREAS, the District's Board of Directors has tentatively determined that the Property is no longer neces,aary for use by the District; and WHEREAS, the District's Board of Directors presently desires to sell the Property. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the East Valley Water District as f Alows: The Property is hereby declared to be surplus land; however, the District's Board of Directors reserves the right to reverse said declaration, which is hereby rendered without prejudice to the ability of the District's Board of Directors to rescind this Resolution any time prior to any decision to sell or otherwise dispose of the Property. 2. The District's General Manager is hereby directed to send written offers to sell the Property to all entities entitled to receive such notice pursuant to the applicable provisions of Government Code Section 54220 et seq. 3. The District's General Manager is also hereby directed to comply with all applicable provisions of Government Code Section 54220 et seq. in negotiating the sale of the Property. 4. The terms of any sale and/or disposal of the Property are subject to subsequent acceptance and final approval by the District's Board of Directors. ADOPTED this 8"' day of June, 2010. AYES: NOES: ABSTAIN ABSENT: ATTEST: Robert E. Martin Secretary, Board of Directors George S. Wilson President, Board of Directors pi EXHIBIT 'A" A13 that portion of the East Half of the Northwest Quarter of'Section 32, Township 1 Nori :h, Range 3 West, San Bernardino Base and Meridian, described as: follows: COW ENGING at t: he. Mort hwest Corner of said.Section 32= thence North 89° 43' 05 East 1,322.49 feet to a point, thence South 0° 23 46" East 41.25 feet and the True Point of Beginning of this description; thence from said True Point of Beginning North 890 43' 05" East 699.95 feet; thence South 0" 23' 46" East 593.75 feet; thence South 89" 43' 05" West 699.95 feet; thence North 0° 23' 46n West 593.75 feet to the True Point of Beginning. .EXCEPTING AND RESERVING to the State of California all mineral deposits as 'defined in Section 6407 of the Public Resources Code below a depth of 500 feet, without surface rights of entry. RESERVING THEREEFROM.all easements for existing road's, water well, pipeline and utility purposes; together with any incidental rights appurtenant thereto. 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C rA Im 0 2 2 0 0 Q Q n rn co mN N 0 0 0 v N O It M, 0 0 CJ IF- O EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Larry Malmb=rrg Board Meetings *5/11/10 - *5/19/10- *5/20/10- *5/25/10 Conferences and Other Meetings DATE ORGANIZATION PURI 3 -May *ACWA Travel to Monterey for Conference 4 -May 5 -May 6 -May 7 -May 12 -May 12 -May 18 -May 19 -May 25 -May *ACWA *ACWA *ACWA *ACWA * SBACC *EVWD *EVWD SBACC EVWD Travel Expenses: (Details on Back) Director's Signature Date of Board Approval Administrative Manager Miscellaneous Notes ACWA Conference in Monterey ACWA Conference in Monterey ACWA Conference in Monterey Travel home from Monterev. MONTH May 2010 E San Bernardino Chamber of Commerce Coffee Klatch Labor- Orgazination Lunchon Del Rosa Facility, check facility. San Bernardino Chamber of Commerce Coffee Klatch Negoiations Meeting, meeting with counsel. TOTAL # OF MEETINGS 10 @ $175.00 each $ 1750.00 $ 540.38 Total Director's Meetings & Expenses $ 2290.38 Less Any Advance Payments $ TOTAL DUE DIRECTOR $ 2290.38 TRAVEL EXPENSES Lodgings. (Detailed receipts attached ") DATE FUNCTION ATTENDED AMOUNT 3 -May Airfare to Monterey $ 376 TOTAL LODGING $ 376 00 Personal Auto: (Detailed receipts attached ") PARKING DATE FUNCTION ATTENDED MILES FEES TOTAL FEES $ CURRENT RATE: $0.50 TCT4,1- MILES $ Meals: (Detailed receipts attached') DATE FUNCTION ATTENDED _ AMOUNT 3 -May ACWA Conference, Total on meals receipts attached. $ 63.28 i 4 -May ACWA Conference, Total on meals receipts attached. $ 50.12 5 -May ACWA Conference, Total on meals receipts attached. _ _ $ 22.32 7 -May ACWA Conference, Total on meals receipts attached. v $ 1366 TOTAL MEALS $ 14938 Other: (Detailed receipts attached') DATE FUNCTION ATTENDED AMOUNT 5 -May Cab fare. $ 15 c ORIGINAL RECEIPTS REQUIRED TOTAL OTHER $ 15.00 TRAVEL EXPENSES $ 540.38 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Matt Le Vesq a MONTH MAY 2010 Board Meetings 11,25 Conferences and Other Meetings DATE ORGANIZATION PURPOSE 4 -May ACWA Conference 5 -May ACWA Conference 5 -May EVWD " Compensation Committee 6 -May ACWA Conference 7 -May ACWA Conference 9 -May SB Chamber Railroad Days 12 -May SBPEA Employee BBQ 12 -May Eastwood Farms ' Member Meeting 14 -May EVWD Mtg. w/ A. Hodgton 17 -May EVWD HQ Committee 19 -May EVWD Special Meeting -HDR 20 -May EVWD Special Meeting- Mathis 21 -May EVWD HCN w/ C.Roberts, J.Morales, R. Martin TOTAL # OF MEETINGS 10 @ $175.00 each $ 1750.00 Travel Expenses: (Details on Back) $ 1628.86 Total Director's Meetings & Expenses $ 3378.86 )irector's Signature )ate of 3oard Approval administrative Manager discellaneous Dotes Less Any Advance Payments $ TOTAL DUE DIRECTOR $ 3378.86 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Matt Le Vesque (page 2) MONTH May 2010 Board Meetings Conferences and Other Meetings DATE ORGANIZATION 24 -May IVDA 25 -May SBPEA Travel Expenses: (Details on Back) Director's Signature Date of Board Approval Administrative Manager Miscellaneous Notes PURPOSE Mtg. w/ J.Morales, R.Martin, J Cimeno Mtg. w L. Malmberg, B. Garcia TOTAL # OF MEETINGS @ $175.00 each $ Total Director's Meetings & Expenses $ Less Any Advance Payments $ TOTAL DUE DIRECTOR $ TRAVEL EXPENSES Lodgings: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT 4 -May ACWA 5-4 to 5 -7 $ 1094.01 TOTAL LODGING $ 1094.01 Personal Auto: (Detailed receipts attached *) DATE FUNCTION ATTENDED MILES 5 -May ACWA roundtrip 798 CURRENT RATE: $0.50 Meals: (Detailed receipts attached *) DATE FUNCTION ATTENDED PARKING FEES TOTAL FEES $ TOTAL MILES 798 $ 399.00 AMOUNT 4-May ACWA $ 291 9 -May ACWA $ 45.7 5 -May ACWA $ 37.26 5 -May ACWA $ 23.79 TOTAL MEALS $ 135.85 )ther: (Detailed receipts Ettached *) )ATE FUNCTION ATTENDED AMOUNT TOTAL OTHER $ ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $ 1628.86 DIRECTOR: Morales Board Meetings: EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT 13. 20. 27 Conferences and Other Meetings MONTH April 2010 DATE ORGANIZATICN PURPOSE 04 -01 _EVWD _ _Consultant Meeting (Mathis Group 04 -04 _ACWA _ _State Legislative Committee (bill package # 1- review) 04 -10 _ACWA _ _State Legislative Committee (bill package #2- review) 04 -15 _DWR _ _Senate Bill X7 -7 Urban Stakeholder Committee (web update) 04 -21 CPS HR Services Conducting Market Rate Studies (web training) 04 -23 HDR Engineering_ _Rate Study Review (Greg Clumpner) 04 -30 _CA State Assembly _ California's Budget Town Hall (webcast) TOTAL # OF MEETINGS-10— @ $175.00 each $1,750.00 Travel Expenses: (Details on Back) Total Director's Expenses $1,750.00 Director's Signature Date of Board Approval _ rV OEzo APR Jnin noc Total Director's Meetings & Expenses $1,750.00 Less any Advance Payments $, TOTAL DUE DIRECTOR $1,750.00 TRAVEL EXPENSES Lodgings: (Detailed receipts attached`) DATE FUNCTION ATTENDED AMOUNT TOTAL LODGING $ Personal Auto: (Detailed receipts attached *) DATE FUNCTION ATTENDED MILES PARKING FEES TOTALFEES $ TOTAL MILES x $.50 per mile $ Meals: (Detailed receipts attached') DATE FUNCTION ATTENDED AMOUNT TOTAL MEALS $ Other: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT TOTALOTHER $ * ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $ (Enter this total on the front of form) EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: _Morales_ MONTH May 2010 Board Meetings: _11, 25 Conferences and Other Mee!tinQs DATE ORGANIZATION PURPOSE 05 -03 EVWD _Legislative Committee 05 -14 _ACWA _ _State Legislative Committee 05 -17 EVWD Ad Hoc HQ 05 -19 _EVWD _ _Special Meeting — Rate Study 05 -20 _EVWD _ _Strategic Plan Consultant (Bill Mathis) 05 -21 _EVWD _ A Hoc HQ (Outreach update -Le Vesque - Martin- Roberts) 05 -24 _EVWD _ _Ad Hoc HQ (1VDA) Travel Expenses Director's Sig (Details cn Ba Date of Board Approval EV WD Exo Mav 2010 doc TOTAL # OF MEETINGS_9_ @ $175.00 each $1,575.00 Total Director's Expenses $155.40 Total Director's Meetings & Expenses $1,730.40 Less any Advance Payments $ TOTAL DUE DIRECTOR $1,730.40 TRAVEL EXPENSES Lodgings: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT Personal Auto: (Detailed receipts attached *) DATE FUNCTION ATTENDED MILES Ej TOTAL LODGING $ PARKING FEES TOTAL FEES $ TOTAL MILES x $.50 per mile $ Meals: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT 4 TOTAL MEALS $ Other: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT 05/14 _ACWA State Legislative Committee $155.40 TOTAL OTHER $155.40 * ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $155.40 (Enter this total on the front of form) DIRECTOR Board Meetings EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT Sturceon MONTH May 2010 11 & 25 Conferences and Other Meetings DATE ORGANIZATION PURPOSE 3 EVWD Legislative Committee 6 CPS Customer Service Seminar 8 SB City Train Days Expo 9 SB City Train Days Expo 5 SBVC Instruction 11 CPS Green Recycling Seminar 20 EVWD Dr. Mathis Workshop TOTAL # OF MEETINGS 6 @ $175.00 each $ 1,050.00 Travel Expenses: (Details on Back) $ 73 .89 Total Directors Meetings & Expenses $ 1,123.89 Director's Signature Date of Board Approval Administrative Manager Miscellaneous Notes June 8, 2010 Less Any Advance Payments $ TOTAL DUE DIRECTOR $ 1,123.89 DATE FUNCTION ATTENDED AMOUNT 05/09 Ice for Igloo -- Train Days Expo $ 4.89 05/06 Customer Service Seminar $ 39.00 05/11 Green Recycling Seminar $ 30.00 $ $ $ $ TOTAL $ 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 $ 73.89 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: w Ic s Board Meetings: ffill ' 5'12 5--; Conferences and Other Meetings �o,a MONTH Y/ A Y 2ee3 DATE ORGANIZATION PURPOSE 6 a- .1 441 0% S�yi n�( �n �P✓Fnc�^ 5lt3 saymajA — TAG fj 19 E. V w P _ Rae Sc�j S Zo y�V Gy(J _ cut -Fur• Sar✓ey t.. TOTAL # OF MEETINGS iv @ $175.00 each $ t7so. oo Travel Expenses: (Details on Back) Director's Signature —� Date of Board Approval n.,x. Fees .n Em eReo . $ I38� �a Total Director's Expenses $ Total Director's Meetings & Expenses $ 3 rSi 20 Less any Advance Payments $ e TOTAL DUE DIRECTOR $ 3,yri io 121, TRAVEL EXPENSES Lodgings: (Detailed receipts attached *) DATE FUNCTION ATTENDED S -S4 ACG.)A 5�or he Cpn�ev�ncc Personal Auto: (Detailed receipts attached *) DATE FUNCTION ATTENDED S/ 3 5) cj Meals: MILES AMOUNT $ 589.20 TOTAL LODGING $ '(0c, PARKING FEES $ $ TOTAL FEES $ TOTAL MILES 'R o b x $.55 per mile $ (Detailed receipts attached *) Y i7 X c ✓D :7— DATE FUNCTION ATTENDED TOTAL MEALS Other: (Detailed receipts attached`) DATE FUNCTION ATTENDED * ORIGINAL RECEIPTS REQUIRED AMOUNT AMOUNT TOTAL OTHER $ TRAVEL EXPENSES $ (Enter this total on the front of form) "( ENED MAY 2 0 2010 P.O. Box 942709 -ast W-Hey Vhter District Date: May 12, 2010 Sacramento, CA 94229 -2709 Reference No.: 888 I;aIPERS (or 888 - 225 -7377) Iii, Telecommunications Device for the Deaf Circular Letter No.: 200- 028 -10 CxztI S No Voice (916) 795 -3240 Distribution: VI www calpers.ca.gov Special: Circular Letter TO: PUELIC AGENCIES SUBJECT: ACTUARIAL EXPERIENCE STUDY This circular letter is intended to provide you with information about recent changes in the actuarial assumptions and the impact this will have on employer contribution rates. At its meeting on April 20, 2010, the CaIPERS' Board of Administration adopted updated actuarial assumptions based on a recently completed experience study. This Board action will affect the employer contributions rates beginning in fiscal year 2011- 2012. Generally, employer contributions rates will increase as a result of this actuarial assumption change. Background An experience study measures actual plan demographic experience over a defined period of time. An experience study is used to refine and improve actuarial assumptions used in future actuarial valuations. This recently completed experience study presents the results of the (demographic) experience study on the California Public Employees Retirement System using data from 1997 to 2007. It focused on patterns of termination, death, disability, retirement and salary increases. The last study wac. completed in May 2004. This experience study was originally scheduled to be completed in the summer of 2009 but was delayed in part due to the mandatory furloughs that were imposed on CalPERS employees. The majority of the! liabilities of a retirement system such as CalPERS are in the retirement benefit:,. Other sources of liability include benefits related to death, disability and employment termination. Assumptions that affect retirement benefits will have a larger impact on employer contribution rates than assumptions that only affect death, disability or termination benefits. Since retirement rates, salary increases and post - retirement mortality all affect the valuation of retirement benefits, these assumptions generally have a much greater impact on contribution rates than do other assumptions. California Public Employees' Retirement System www.calpers.ca.gov ow Circular Letter #200 - 028 -10 -2- May 12, 2010 Discussion The new demographic assumptions adopted by the Board will be substantially better at predicting future experience than the current assumptions and will result in more secure retirement benefits. This experience study is the first one in which we were able to collect data for the most recent enacted retirement formulas available for public agency miscellaneous members (2.5% @ 55, 2.7% @ 55 and 3% @ 60). Prior to this study the current assumptions were extrapolated from data under another formula and were based on age only. We moved to an age and service based retirement assumption for these formulas similar to all of the other retirement formulas. This change should more accurately predict future retirements. Results The new assumptions have the following estimated impacts on local public agency employers: • An average increase of 0.4% of payroll in the employer contribution rates for public agency miscellaneous plans covered under either the 2% at age 60 or 2% at age 55 formula. • An average increase ranging between 1.1% to 1.7% of payroll in the employer contribution rates for public agency miscellaneous plans covered under the 2.5% @ 55, the 2.7% @ 55 or the 3% @ 60 formulas (based on a small sample of plans). • An average increase ranging between 1 % and 2% of payroll in the employer contribution rates for public agency safety plans (based on a small sample of plans). The new assumptions predict: • Longer post- retirement life expectancy. The life expectancy of males is increasing on average by a full year while it is increasing on average by about 0.3 years for female. • Slightly earlier retirement ages overall for all State plans, the Schools pool and local agency miscellaneous members while they produce slightly higher retirement ages on average for local agency safety members. • Higher salary increases for members with longer service. • Mixed results for other assumptions (these are described in detail in the experience study report). The assumptions causing the biggest impact on employer rates for all plans are the assumptions for post- retirement mortality, service retirement and salary increases. Of these, the one assumption causing the biggest increase in rate for all plans is the California Public Employees' Retirement System www.calpers.ca.gov Circular Letter #20C,- 028 -10 -3- May 12, 2010 proposed change in post- retirement mortality. Since the life expectancy of male members continues to increase at a faster pace than female members, safety plans, which tend to have a much higher proportion of male members, are affected more by this change than miscellaneous plans. The impact from the change in post- retirement mortality alone is causing employer rates for miscellaneous groups to increase by about 0.6% to 1 % of payroll, while causing the employer rates for safety plans to go up by about 1% to 1.8% of payroll. This new experience study provided a basis to establish and apply age and service based retirement .assumptions to the 2.5% @ 55, 2.7% @ 55 or the 3% @ 60 formulas. Previous experience studies had already applied age and service based retirement assumptions to otter retirement benefit formulas. The age and service based retirement assumptions predict the timing and cost of future retirements more accurately. In this case, the experience study revealed that members in these formula groups (miscellaneous 2.5% @ 55, 2.7% @ 55 or the 3% @ 60 formulas) with higher credited service were more likely to retire than was previously known. This result also added to the employer contribution rate increase. The measured impact for public agencies will be known when the Actuarial Office has completed the June 30, 2009 actuarial valuations for all employers in the fall of 2010. The June 30, 2009 actuarial valuations will set the employer contribution rates that take effect on July, 1 2011. If you have any gt.estions, please contact the Employer Contact Center at 888 CaIPERS (or 888 - 225 - 7377). ALAN MILLIGAN Interim Chief Actuary Actuarial & Emplo, /er Services Branch California Public Employees' Retirement System www.calpers.ca.gov The Hele ndale Community Service District will be hosting the June 21st, 2010 Membership Meeting at the Silver Lakes Restaurant & Lounge 14818 Clubhouse Drive, Helendale, CA The social hour will begin at 6:00 PM with a call to order at 6:45 PM. Dinner: Beef sirloin tips w /noodles, Chicken Cordon Blue, wild rice, spring mixed salad, spinach salad, (bacon, dried cranberries) with a raspberry vinaigrette, spring vegetable medley, fruit tray, rolls and butter, cheesecake with strawberry topping, and coffee and tea. Golf Guest golf is available if anyone is interested. They will need to call me by Monday, June 14th by 10:00 am for reservations. Also, you will need to stop by our office to pick up guest passes. Cost for golf after 1:00 pm —18 holes, $20, 9 holes, $15; cart rental —18 holes, $14, 9 holes, $8. Program: Dennis Timoney, Chief Rig k Officer of SDRMA (Special District Rick Management Authority) will give a presentation regarding risk management and special districts. Cost: $32.00 /person RSVP to Kristi Rossman no later than June 18th: Krossman @helendaleesd.ora or at (760) 951 -0006 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: Route 66 (D Street) exit off the 1.15, left, approx. 15 miles, Vista Road, left. over RR tracks, Mojave River, past 4 -way stop to top of hill, Lakeview, right, to Clubhouse Drive, right, dead ends at the Inn of Silver Lakes, Pro Shop, and Silver Lakes Restaurant is located in the Inn of Silver Lakes aoam $In :U /..o 120a ft HNentlale c �r L a.r, 1,a San Bernard,no, CA �. ........ . ... .. ... . in V. .1 1 _ „L AFIRDWHFAD 4VF Q _ i..,. LEr1 %m;q H SI -. 1 b15 III r s. V.naV9 el” 14 .... . 11. IV " U SIRLE h I "KI L'CGl UkGt AFB ti _ 1.. LEFT c, r C STJl.'.=1U9h. 1n411 S HRlV'11! EI CA 18 Hil TCgi, POn -E TRAIL S HY:Y h T� LEFT :CIO VISTA Rn /# r R16n, ,. L LLNF VIF, .'.l. RIGHT. s, 11!IFHU, Sf ® I14W, 147231 CLeIiHOJSF OR Sj [14700- 14723] Clubhouse Or r,.... -,,.: . . cUic FL.po„ o ron'on. �GIG H.,v, E - E