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
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"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 ".
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
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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
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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.
Total disbursements $581,293.88.
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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
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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
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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
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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
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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.
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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
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Date:
Title:
Representing:
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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.
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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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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
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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
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