Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet - EVWD Board of Directors - 08/10/2010
East Val ley Water District 3654 HIGHLAND AVE., SUITE 412, HIGHLAND, CA BOARD MEETING August 10, 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 to write -off closed customer accounts with balances of less than $18 and balances discharged in bankruptcy 4. Approval of Board Meeting Minutes for June 22, 2010 5. Approval of Board Meeting Minutes for July 13, 2010 6. Approval of Special Meeting Minutes for July 14, 2010 7. Approval of Special Meeting and Public Hearing Minutes for July 15, 2010 8. Approval of Board Meeting Minutes for July 27, 2010 9. Approval to write -off ten - year -old account balances 10. Approval of Development Agreement between East Valley Water District and Glemose Ranch LP 11. Accounts Payable Disbursements: Accounts Payable Checks # 225202 through # 225385 which were distributed during the period of July 21, 2010 through August 2, 2010, in the amount of $871,217.05 and Payroll and benefit contributions for the period ended August 2, 2010 and included checks and direct deposits, in the amount of $291,051.61 and $9,465.49. Total Disbursement for the period $1,171,734.15 12. General Managers Fee's and Expenses NEW BUSINESS 13. Discussion and possible action regarding the Regional 1 Water Management Plan 14. Discussion and possible action regarding the Conejo Se%cei 'Main Replacement Project 15. Discussion and possible act, on regarding the adoption of a Dcbt Management Policy 16. Discussion and possible action regarding the adoption of .. Designated Funds Policy 17. Resolution 2010.16 — A Resolution of the Board of Diiectors of the East Valley Water District Authorizing the Execution and Delivery of a Joint = xercise of Powers Agreement by and between the East Valley Water District and California Municipal Finance Authority 18. Discussion and possible action regarding award of construction contract to Dalke Construction for Suite 30 improvements 19. Directors' fees and expenses for July 2010 REPORTS 20. General Manager / Staff Reports • Budget updates 21. Consultant Reports 22. Committee Reports a. Legislative (Standing) b. Community Affairs (Standing) c. Policy Committee (Ad -Hoc) 23. Oral comments from Board of Directors MEETINGS 24. Water Education Foundation's "Northern California I our'. Sacramento, September 22 -24, 2010 CLOSED SESSION 25. CONFERENCE WITH REAL PROPERTY [Government Code Section 54956.81 Property: Party with whom District will negotiate: Party who will be negotiating on behalf of the District Under Negotiation: 2 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 ANOUNCEMENT OF CLOSED SESSION ACTIONS ADJOURN ------------------------------------------------- Pursua,nt to Government Code Section 54954.2(a), any request for a disability - related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above - agendized public meeting should be directed to the District's Administrative Manager at (909) 885 -4900 at least 72 hours prior to said meeting. ------------------------------------- --- ----- ------------- - -- - - -- 3 �EastValley Water District Board Memorandum No. B -33 -2010 Date: August 10, 2010 From: Brian W. Tompkins / Chief Financial Officer Subject : Unpaid Accounts Recommendation: Approve write -off of closed customer accounts with balances of less than $18, and balances discharged in bankruptcy Background: Each fiscal year the District accumulates a list of closing bills with balances of less than $18 for which initial attempts to collect were unsuccessful. In most cases title to the property has changed, leaving no recourse against the property other than a body lien, and little chance that the balances will be collected. Further, as the balances are so small, it would likely cost more to pursue collection of these accounts than the balances on the accounts themselves. It has been past practice at the District simply to write these account balances off. Attached is a list of 72 closed customer accounts which have unpaid balances of less than $18. The total for these accounts is $544.60. Also attached is a list of 5 accounts with balances that have been discharged in bankruptcies. The total for these accounts is $1,639.73. Staff requests authorization from the Board to write off these closed account balances. Fiscal Impact: Decrease Unrestricted Net Asset by $2,185 Balances Under $18 ACCOUNT NO END DATE Balance 0010091 -06 4/15/2010 _ 2.49 0010253 -03 6/14/2010 1.66 0020029 -03 7/9/2009 4.06 0020045 -07 7/24/2009 8.42 0020142 -02 11/24/2009 7.36 0081363 -15 9/16/2009 4.24 0081375 -09 4/6/2010 3.77 0140213 -02 2/1/2010 .10 0170108 -01 8/5/2009 2.28 0191847 -13 11/4/2009 2.44 0191949 -09 12/10/2009 5.01 0210086 -03 3/16/2010 12.43 0230062 -02 6/11/2010 .14 0230068 -05 8/21/2009 1.70 0240018 -03 7/10/2009 16.10 0240049 -01 4/7/2010 3.10 0240123 -04 1/5/2010 11.28 0260137 -02 4/6/2010 11.22 0310231 -07 6/25/2010 11.32 0310250 -05 2/26/2010 2.35 0330060 -01 6/11/2010 7.63 0340109 -07 2/10/2010 3.12 0340137 -05 3/9/2010 7.31 0361021 -09 10/22/2009 15.99 0362134 -03 11/2/2009 6.61 0370179 -00 9/23/2009 3.46 0370219 -01 2/16/2010 14.61 0420234 -08 3/24/2010 14.22 Thursday, July 15, 2010 - - -- - -- - - - -- - - - -- -- - Page I or 3 ACCD 1NT NO END DATE Balance 0420276 -11 7/30/2009 26 0430004 -02 4/12/2010 7.17 0440107 -12 7/29/2009 14.25 0440143 -09 12/2/2009 13.16 0450018 -02 10/1/2009 9.43 0450199 -03 6/28/2010 17.54 0520224 -03 7/13/2009 8.34 0541586 -07 1/25/2010 2.84 0610074 -02 10/8/2009 16.71 0620012 -06 2/19/2010 8.95 0620221 -04 9/3/2009 5.05 0642778 -05 4/30/2010 11.05 0710049 -01 6/29/2010 8.95 0710116 -01 3/30/2010 2.11 0730008 -03 7/14/2009 6.79 0742333 -11 6/24/2010 5.65 074:366 -04 6/21/2010 17.29 0742539 -04 10/19/2009 15.04 0750187 -02 4/6/2010 5.09 0820163 -09 7/28/2009 .03 0841173 -05 1/4/2010 3.28 0910042 -12 5/26/2010 16.35 0910774 -04 7/28/2009 9.20 0920049 -04 3/24/2010 .31 0920141 -02 3/10/2010 14.11 0931009 -01 3/2/2010 14.47 1010022 -08 4/22/2010 4.45 1030051 -02 8/20/2009 1.56 1120132 -11 3/9/2010 13.81 1161823 -07 7/6/2009 2.89 Thursday, July 15, 2010 Page 2 of 3 ACCOUNT NO END DATE, Balance 1210977 -03 6/14/2010 8.46 1220872 -05 6/24/2010 5.62 1221015 -07 6/18/2010 .71 1231160 -08 5/17/2010 4.87 1320152 -10 7/9/2009 5.19 1350105 -05 9/18/2009 5.40 1350151 -00 9/30/2009 9.88 1420181 -06 11/4/2009 .14 1443001 -06 1/8/2010 9.35 1443038 -08 6/22/2010 17.42 1520183 -08 9/25/2009 3.34 1550790 -08 9/30/2009 9.74 1561003 -02 9/30/2009 10.77 1651051 -02 1/14/2010 1116 Total 544.60 Thursday, July 15, 2010 - - - -- - - - - -— --- - - - — -- Page 3 of 3 Bankruptcy Write Offs ACCOUNTNO AMOUNT 0411175 -02 0720252 -03 0340065 -00 0340066 -00 0340167 -00 $168.97 $59.63 $540.77 $67.45 $802.91 $1,639.73 Subwect to Approval EAST VALLEY WATER DISTRICT June 22, 2010 REGULAR BOARD MEETING MINUTES The meeting was called to order at 3:00 p.m. by President Wilson. Director Sturgeon led the flag salute. PRESENT: Directors: LeVesque, Morales, Sturgeon, Wilson ABSENT: Director: Malmberg STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Eliseo Ochoa, Assistant District Engineer; Justine Hendricksen, Administrative Manager; Becky Kasten, Accounting Supervisor; Cecilia Contreras, Administrative Office Specialist; LEGAL COUNSEL: Steve Kennedy GUEST (S): Charles Roberts (Highland Community News), Dr. Katy Henry, Cara Van Dijk (CV Strategies) APPROVAL OF AGENDA Director Morales asked that Item #5 be removed from the Consent Calendar and open for discussion. M /S /C (Morales- Sturgeon) that the June 22, 2010 agenda be approved as submitted. PUBLIC PARTICIPATION President Wilson declared the public participation section of the meeting open at 3:00 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF SPECIAL MEETING MINUTES FOR MAY 19, 2010 M /S /C (Sturgeon- Morales) that the Special Meeting Minutes for May 19, 2010 be approved as submitted. APPROVAL OF BOARD MEETING MINUTES FOR MAY 25, 2010 M /S /C (Sturgeon - Morales) that the Board Meeting Minutes for May 25, 2010 be approved as submitted. (Minutes 06/22/10) cmc 1 DISBURSEMENTS M /S /C (Sturgeon - Morales) that General Fund Disl-ursements #224567 through #224746 which were distributed during the period of ,tune 2, 210 through June 15, 2010, in the amount of $1,012,879.17 and Payroll and benefit contribirions for the period ended June 15, 2010 and included checks and direct deposits, in the amount of $277,689.07 and $13,279.43 be approved. Total Disbursement for the period 51.: 03,847.67 are approved. GENERAL MANAGERS FEE'S AND EXPENSES M /S /C (Sturgeon - Morales) that the General Managers f: e's and expenses be approved as submitted. APPROVAL OF BOARD MEETING MINUTES FOR JUNE 8, 2010 M /S /C (Sturgeon - Morales) that the Board Meeting Minutes for June 8, 2010 be approved as amended to reflect the changes requested by Director Morales in regards to item #9a. Director Morales wanted to clarify that "the overall Director's expenses were well under the appropriated amount of $48.000. Directors LeVesque and 'Morales offered to allocate their unused portions to Director Malmberg." DISCUSSION AND POSSIBLE ACTION REGARDING CLAIM FOR DAMAGES AT 28350 BURNS AVE., HIGHLAND FROM RICK AND ELI /A BETH DUVALL The General Manager reviewed the claim with the Board. M /S /C (Sturgeon - Levesque) that the claim for damages at 28350 Bums Ave., Highland from Rick and Elizabeth Duvall be denied and referred to the District's legal counsel and Insurance Carrier. DISCUSSION AND POSSIBLE ACTION REGARDING ACWA HEALTH BENEFITS AUTHORITY: A. RATIFICATION OF THE AMENDED AND RESTATED HBA BYLAWS AND JPA AGREEMENT B. DESIGNATION OF AGENCY MEMBERSHIP REPRESENTATIVES IN ACWA HBA C. DESIGNATION OF AGENCY PERSONNEL. TO SERVE ON HBA ADVISORY COMMITTEE(S) D. NOMINATIONS FOR POSITIONS ON Af ".'I'A HBA BOARD OF DIRECTORS The General Manager requested that the Board accept the amended bylaws since the District participates in the Dental Plan provided through ACWA. A. M /S /C (LeVesque - Sturgeon) to approve the Ratification of the Amended and Restated HBA Bylaws and JPA Agreement. (Minutes 06/22/10) emc 2 B. M /S /C (LeVesque- Sturgeon) to designate Robert Martin, General Manager, as primary representative and Justine Hendricksen, Administrative Manager, as an alternate representative for the ACWA HBA. C. No action taken for the designation of agency personnel to serve on HBA Advisory Committee. D. No action taken for nominations for positions on ACWA HBA Board of Directors. REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR THE PERIOD ENDING APRIL 30, 2010 Mr. Tompkins reviewed the financial statements with the Board. Director Morales stated that he would like to see a more detailed spreadsheet for the CIP labor benefits. Mr. Tompkins will provide a quarterly summary with the breakdown of costs for the CIP labor benefits. M /S /C (Sturgeon- Morales) to accept the financial statements for the period ending April 30. 2010. DISCUSSION AND POSSIBLE ACTION REGARDING STATE AND FEDERAL LOBBYING ACTIVITIES This item was deferred to the Legislative Committee Report. DISCUSSION AND POSSIBLE ACTION REGARDING THE DISTRICT'S 2010 -2011 BUDGET The General Manager reviewed the District's 2010 -2011 budget; that the budget includes a new Public Information Officer position and contributions towards GASB 45; that this budget includes the proposed rate increases. Director Morales stated that he appreciated the information provided and would like more time to review the budget in detail. M/S (Morales /Wilson) to hold a Special Board Meeting on July 14, 2010 to discuss the District's 2010 -2011 Budget. This motion failed due to lack of vote. A Special Meeting has been scheduled for July 14, 2010 at 3:00 p.m. (Minutes 06/22/10) cmc 3 No action taken. GENERAL MANAGER / STAFF REPORT The General Manager reported that he and Mr. Tompkins had a meeting with Stacey Alstadt and the finance officer from the City of San Bernardino \lt:nicipal Water Department to discuss the Water Treatment Plant rates; that the City of Sac L ernardino is doing a rate study and will probably raise treatment rates by January; that the Cit� Council would like to adopt a 15% transfer of funds from wastewater agencies to pay to the C n and that the District should bring this to the Mayor and express opposition; that during a sewer line inspection a large hole has been discovered on Highland Ave. in front of the Disi-icts offices; and there will be repair work done on June 23`x: that the Vine and Union street projects have been completed and the District will begin starting work on the Live Oak projec it, the next couple of weeks. CONSULTANT REPORTS Ms Van Dijk reported that the Highland Community News had printed an article about the District regarding the bonds and grants that have been received. COMMITTEE REPORTS a. Legislative Committee — Director Morales reported that the District and other local representatives are planning to go to Washington D.C. to coordinate activities for the prescribed agenda regarding the Santa Ana Sucker Fish_ that the committee is also reviewing Senate bills SB1975, S13972, and S132092. b. Community Affairs — Director Sturgeon reported tha: CV Strategies is working on the presentation for the July 15th Public Hearing. c. Policy Committee — Director Morales stated that the committee is having legal counsel and a safety company working on two policies; that the committee will be reviewing debt management and designated fund policies with the assistance from the financial advisors. d. Labor Negotiations — No reports at this time. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Sturgeon stated that the District was mentioned in an article from the Water Emergency Response Organization of Orange County {\} EROC) regarding the Baja Earthquake. Director Sturgeon offered his appreciation to steff for the hard work that was contributed. SAN BERNARDINO AREA CHAMBER OF COMMERCE BUSINESS AFTER HOURS MIXER BY THE HUMANE SOCIETY OF SAN BERNARDINO VALLEY, SAN BERNARDINO, JUNE 24, 2010 Information only. UTILITY ELECTED OFFICIALS 2010 CONFERF'Y'E, MARRIOTT NAPA VALLEY HOTEL AND SPA, SEPTEMBER 8-10,2010 (Minutes 06/22/10) erne 4 Information only. UTILITY EXECUTIVES 2010 CONFERENCE, MARRIOTT NAPA VALLEY HOTEL AND SPA, OCTOBER 13-15,2010 Information only. The Board took a five- minute break at 4:54 p.m. CLOSED SESSION The Board entered in Closed Session at 5:00 p.m. as provided in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the agenda. ADJOURN TO REGULAR SESSION President Wilson declared that the meeting adjourns to regular session. ANNOUNCMENT OF CLOSED SESSION ACTIONS The Board returned to session at 5:07 p.m. The Board unanimously, by a 4 -0 vote, authorized the Board President to sign the First Amendment to the MOU between East Valley Water District and San Bernardino Public Employees Association, which shall become effective July 2, 2010 through June 30, 2011. The meeting was adjourned at 5:07 p.m. Robert E. Martin, Secretary George E. Wilson, President (Minutes 06/22/10) cmc 5 Subject to Approval EAST VALLEY WATER DISTRICT July 13, 2010 REGULAR BOARD MEETING MINUTES The meeting was called to order at 3:00 p.m. by President Wilson. Ms Gilhuly led the flag salute. PRESENT: Directors: LeVesque, Malmberg, Morales, Sturgeon, Wilson ABSENT: None STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Eliseo Ochoa, Assistant District Engineer; Cecilia Contreras, Administrative Office Specialist; Becky Kasten, Accounting Supervisor LEGAL COUNSEL: Steve Kennedy GUEST (S): Charles Roberts (Highland Community News), Cara Van Dijk (CV Strategies), Erin Gilhuly (CV Strategies) APPROVAL OF AGENDA M/S /C (Sturgeon - LeVesque) that the July 13, 2010 agenda be approved as submitted. PUBLIC PARTICIPATION President Wilson declared the public participation section of the meeting open at 3:00 p.m. There being no written or verbal comments, the public participation section was closed. RESOLUTION 2010.09 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT NOTICE OF COMPLETION EXECUTED BY THE DISTRICT FOR PUMPING EQUIPMENT REHABILITATION - INSTALL NEW BEARINGS, MACHINE NEW STAINLESS STEEL BOWL SHAFT, IMPELLERS & INSTALL WEAR RINGS AT PLANT 27 LOCATED AT 1875 E. MARSHALL BOULEVARD M /S /C (Sturgeon - Morales) that Resolution 2010.09 be approved. DISBURSEMENTS This item was removed from the consent calendar and moved for discussion. (Minutes 07/13/10) cmc 1 Vice President LeVesque was concerned for the amount of rent that is being paid to the Highland Star LLC when the landscaping of the complex does r >t ..00k good. Mr. Kennedy stated that a letter should be written to the landlord requesting clean up and submit a letter of intent to cover the cost of the District cleaning up the landscaping. M /S /C (Sturgeon - Morales) that General Fund Disbursements 4224747 through 4224993 which were distributed during the period of June 16- 2010 through July 5, 2010, in the amount of $622,132.56 and Payroll and benefit contributions for the period ended July 5, 2010 and included checks and direct deposits, in the amount )f $230,909.44 be approved. Total Disbursements for the period of $853,042.00 are approvel. GENERAL MANAGERS FEE'S AND EXPENSES M /S /C (Sturgeon - Morales) that the General Managers fce's and expenses be approved as submitted. DISCUSSION AND POSSIBLE ACTION REGARDING THE DISTRICT'S 2010 -2011 BUDGET The General Manager reviewed the District's 2010 -2011 budget and reminded of the Special Meeting that is scheduled for July 14`h, 2010. The General '✓lanager requested to adjust the budget regarding the PIO position salary and transfer to lmprccements for Suite 30; that the Budget is based on conservative water sales. M/S (Morales- Levesque) to delay action on the 2010- .'.011 Budget until the Special Meeting on July 14, 2010. Director Morales asked the General Manager to look into what other items can be cut from the budget if revenues don't appear. Vice President LeVesque asked if all vendors have been asked for a reduction in contract payments. Director Sturgeon would like to see specific examples of what iems are being cut DISCUSSION AND POSSIBLE ACTION REGARDING CLAIM FOR DAMAGES AT 7433 AUTUMN CHASE DR.. HIGHLAND, FROM BRIAN Z.BRZYSKI The General Manager explained that this damage was due to tl e problem that the District has with the entrained air in the lines. M /S /C (Sturgeon - Levesque) that the claim for damages at 7433 Autumn Chase Dr., Highland, from Brian Zbrzysk be denied and referred to 'h,- District's legal counsel and Insurance Carrier. (Minutes 07/13110) erne 2 RESOLUTION 2010.08 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ADOPTING A RECORDS RETENTION POLICY M /S /C (Morales- Sturgeon) that Resolution 2010.08 be approved RESOLUTION 2010.10 — 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, AN EASEMENT FOR ROADS, DRAINAGE AND PUBLIC UTILITY PURPOSES UPON, UNDER, OVER AND ACROSS THE REAL PROPERTY IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA M /S /C (Levesque- Malmberg) that Resolution 2010.10 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING CALIFORNIA SPECIAL DISTRICTS ASSOCIATION 2010 BOARD ELECTIONS AND BALLOT The General Manager discussed the Board elections for the California Special Districts Association and he recommended Kathy Tiegs. M /S /C (LeVesque- Morales) to vote for Kathy Tiegs for the CSDA Board of Directors Region 5. DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSED CALIFORNIA SPECIAL DISTRICTS ASSOCIATION BYLAWS AMENDMENTS M /S /C (Sturgeon - LeVesque) to vote yes to the Proposed CSDA Bylaws Amendments. DISCUSSION AND POSSIBLE ACTION REGARDING PLANT 150 PREQUALIFICATION OF ION EXCHANGE SYSTEM MANUFACTURERS AND PROCUREMENT OF BIDS The General Manager stated that the District is moving forward with the groundwater ion exchange system to remove perchlorates and nitrates at Plant 150. He explained that CDM has been working on a prequalification process for bidders and have chosen the top five. The selected bidders are aware that they will be awarded the project for the ion exchange System and it will roll over into the general contractor that ultimately gets selected. M /S /C (LeVesque - Morales) to authorize the District to go to bid for the Plant 150 Ion Exchange System. REVIEW AND ACCEPT THE FINANCIAL STATEMENTS FOR THE PERIOD ENDING MAY 31, 2010 Mr. Tompkins reviewed the financial statements for the period ending May 31, 2010. (Minutes 07/13/10) cmc 3 Director Morales asked if June invoices were being paid in .hilh and how much will be rolling over; that he would like to see a column showing the mod?5ed budget from the mid -year review. Vice President LeVesque suggested that the items that Aere affected from the modified budget be marked. President Wilson suggested that expanded notes be added to show what was modified. Mr. Tompkins stated that he will adjust the spreadsheet tc sl-ow the modified budget and review incoming invoices and check dates to see what is being i 11ed over from June to July. M /S /C (Sturgeon - Levesque) to accept the financial statements for the period ending May 31, 2010. DISCUSSION AND POSSIBLE ACTION REGARDING PROCEDURES AND GUIDELINES FOR THE JULY 15TH PUBLIC HEARING The General Manager discussed the Public Hearing that is scheduled for July 15th 2010 for consideration to raise the water and sewer rates. He explained 'hat CV Strategies is working on a script and guidelines to conduct a more structured meeting Mr. Kennedy stated that the Board can't control what might he said during public comments but to control your own emotions; that he did not agree with a restrictive time limit for speakers; that he agreed strongly to a script; that a time limit might contribute to a hostile environment; that customers should be allowed to only speak )nce; that there should be no response to any questions from staff or Directors until the Public Hearing is closed. President Wilson agrees with a 3 to 5 minute time limit and will interpret this at his discretion. Vice President LeVesque suggested that the General Manager address questions that were brought up during public comments and agrees to support a script to read from during the hearing. Director Sturgeon and Director Morales suggested that we I-ave a peace officer in plain clothes attending the hearing. President Wilson took a consensus of the Board to have a peace officer present and it was decided not to have one. Ms Gilhuly stated that she would amend the script to reflect the changes that were recommended M /S /C (Sturgeon - LeVesque) to allow the speakers to have a maximum of five minutes to speak. (Minutes 07/13/10) cmc 4 DIRECTORS' FEES AND EXPENSES FOR JUNE 2010 M/S (LeVesque - Morales) to accept the Directors' fees and expenses for June 2010 with discussion. Director Morales would like his expense report to reflect the correction for April showing fees X1,750 and expenses %1,079 90 The General Manager discussed Resolution 2009.22 in regards to the Directors compensation for travel time and meetings with the General Manager. Director Malmberg amended his expense report to show one less day charged for travel. M /S /C (LeVesque- Morales) to accept the Director's fees and expenses for June 2010 with the amendment to Directors Malmberg and Morales' expense report. President Wilson, Vice President LeVesque and Director Morales voted yes. Director Sturgeon voted no. Director Malmberg abstained. GENERAL MANAGER / STAFF REPORT The General Manager stated the he will be attending the Highland City Council Meeting and will be giving the Rate Hearing presentation. The Army Corps of Engineers is conducting testing at the Seven Oaks Dam and CV Strategies had a videographer to shoot footage and edit for the District's website. He informed that the District's after hours answering service phone lines went down Friday evening and we were made aware of the problem Sunday afternoon; that the problem was on the Answering Service phone lines, not the Districts; that in the future, the on -call person will conduct random testing of the phone lines to make sure they are working properly. He discussed the issues coming up with COP'S, that Special Districts are being associated with Cities and Counties; that he recommends joining a JPA and issuing bonds instead. He also stated that an employee had lost his son in an accident. CONSULTANT REPORTS Mr. Kennedy stated that the ICSA process is moving forward and the Final Agreement will be on the next scheduled Board meeting for consideration and approval. Ms Van Dijk stated that they were able to get great shots from the Seven Oaks Dam testing to put on the website; that she attended the community outreach with Mr. Martin at the Senior Center about the anticipated rate increase; that Highland Community News had great timing in the paper with the press release with the rate hearing coming up. (Minutes 07/13/10) cmc 5 COMMITTEE REPORTS a. Legislative Committee — Director Morales stated that he likes the weekly reports he is receiving from our Advocate. The General Manager stared that President Wilson and he will be in Washington D.C. lobbying on the impacts tha. the Santa Ana Sucker fish will have on our District. b. Community Affairs — No report at this time. c. Policy Committee — Director Morales stated that the c,_ -m nittee will be looking at a series of policies coming up for yearly review; that the designated funds, reserve and long term dept policies will be reviewed; that these policies will need to be adopted before interview with rating agencies. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Malmberg stated that he attended A Weekend with I_ou Tice seminar in Seattle and strongly encourages anyone who can to attend. Director Sturgeon stated that the new website looks great and i2 staff can see why EVWD.org domain is not working; that he is also concerned with Directors expenses being abused. President Wilson stated that he will be in Washington DC with the General Manager lobbying for the District. WATER NEWS RELEASE REGARDING EPA PROPOSAL TO UPDATE DRINKING WATER RULE TO BETTER PROTECT PUBLIC HEALTH Information only. LETTER TO THE DISTRICT FROM THE SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT REGARDING A STATUS REPORT ON WASH PLAN ACTIVITIES Information only. SPECIAL DISTRICT AND LOCAL GOVERNMENT INSTITUTE "FINANCE" CONFERENCE, HYATT AT FISHERMAN'S WHARF, SAN FRANCISCO, SEPTEMBER 9-10,2010 Information only. The Board took a five - minute break at 5:14 p.m. CLOSED SESSION The Board entered in Closed Session at 5:21 p.m. as provided in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those ite --is listed on the agenda. (Minutes 07/13/10) cmc 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 5:22 p.m. The items listed on the agenda were discussed in closed session with no reportable action being taken. ADJOURN The meeting was adjourned at 5:22 p.m. until the next Board Meeting Robert E. Martin, Secretary George E "Skip" Wilson, President (Minutes 07/13/10) ctuc 7 Subject to Approval EAST VALLEY WATER DISTRICT July 14, 2010 SPECIAL BOARD MEETING MINUTES The meeting was called to order at 3:00 p.m. by President Wilson. Director Morales led the flag salute. PRESENT: Directors: LeVesque, Malmberg, Morales, Sturgeon, Wilson ABSENT: Director: None STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Eliseo Ochoa, Assistant District Engineer; Cecilia Contreras, Administrative Office Specialist; Becky Kasten, Accounting Supervisor LEGAL COUNSEL: None GUEST (S): None APPROVAL OF AGENDA M /S /C (Sturgeon - LeVesque) that the July 14, 2010 agenda be approved as submitted. PUBLIC PARTICIPATION President Wilson declared the public participation section of the meeting open at 3:00 p.m. There being no written or verbal comments, the public participation section was closed. DISCUSSION AND POSSIBLE ACTION REGARDING THE DISTRICT'S 2010 -2011 BUDGET The General Manager reviewed ways to cut costs and recommends using the rate stabilizing funds. He also asked to move six months of funds for the projected PIO position and place towards the improvements of the current headquarters; that fuel and power could be decreased at the Treatment plant due to construction that will be going on. He also gave cost cutting measures that could take place at the mid -year budget review such as: delay the purchase of supplemental water and decrease the order if needed; delay the purchase of emergency generators; delay the purchase of a grinder attachment for the backhoe. That these cost saving measures will save the District approximately $500,000. The General Manager asked the Board what their position is on hiring a PIO. (Special Minutes 07/14/10) cmc I After a lengthy discussion, the consensus of the Board was tc continue using the current PR Firm (CV Strategies) and remove the PIO position from the budget at this time. Vice President Levesque discussed using leasing methods instead of purchasing; renting a module restroom; review CAPERS incentives for early retirenier% and to try and negotiate lower contract costs with vendors. Director Morales stated that in case revenues don't appear. t c k could like to see a budget that would match that. M/S (Sturgeon - Morales) to remove items 1 -5 from the General Managers Memorandum for cost saving measures. The motion failed. The Board directed staff to review the budget and the recommendations for cost saving measures and to decrease projected water sales. ADJOURN The meeting was adjourned at 4:45 p.m. until the next Board Meeting Robert E. Martin, Secretary George E "Skip" Wilson, President Special Minutes 07/14/10) cmc 2 Subject to Approval EAST VALLEY WATER DISTRICT July 15, 2010 SPECIAL MEETING and PUBLIC HEARING MINUTES The meeting was called to order at 6:03 p.m. by President Wilson. Ms Jody Scott led the flag salute. PRESENT: Directors: LeVesque, Malmberg, Morales, Sturgeon, Wilson ABSENT: None STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Eliseo Ochoa. Assistant District Engineer; Justine Hendricksen, Administrative Manager; Cecilia Contreras. Administrative Office Specialist LEGAL COUNSEL: Bill Brunick GUEST (S): Charles Roberts, Highland Community News; Cara Van Dijk, CV Strategies; Erin Gilhuly, CV Strategies; Carolyn Moloshco, CV Strategies; Greg Clumpner, HDR; Jody Scott, City of Highland; various members of the public President Wilson welcomed everyone to the Public Hearing. PUBLIC PARTICIPATION President Wilson declared the public participation section of the meeting open at 6:03 p.m. There being no written or verbal comments, the public participation section was closed. PUBLIC HEARING FOR CONSIDERATION OF WATER AND SEWER RATES AND CHARGES PRESIDENT WILSON DECLARED THAT THE PUBLIC HEARING SECTION OF THE SPECIAL MEETING OPEN AT 6:07 P.M. (Special & Public Hearing Minutes: 07/15/2010) cmc I The General manager provided a detailed power -point presentation regarding the proposed water /sewer rate increases with the Board. The power -point presentation reviewed specific and general information relating to the proposed rate increase -s follows: • Service Area the District Covers • Where the water supp'.y comes from • History about the District • Cost Structure • The District receives no profit from water and sewer rates • Cannot charge customers more that the actual cost of providing water and sewer services • No tax money is collected • Rate Study was completed and a raise in rates was recommended • Rate Adjustment Objectives • Responsible Fiscal Management • Cost cutting measures the District is taking o No Overtime, except emergencies o Hiring and salary freeze o No new headquarters building • Proposition 218 Guidelines • Notice mailed out to all customers on May 27. 2010 • Provides opportunity for protests; 50% — I required to object rate proposal • Community Outreach • Proposed Water Rates and comparisons • Proposed sewer rates and comparisons • Household cost comparisons • Government Mandates • Enhancement projects PUBLIC COMMENTS Twelve citizens spoke regarding the proposed rate increase. The main concerns of the public were: • The increased amount's to water /sewer bills • Economic state and timing of the District's rate increase • The amount is higher for East of Boulder residents • The water bill is the highest utility bill • District needs to work efficiently to cut costs (Special & Pub] -c I1�:armg Minutes: 07/15/2010) eme 2 PRESIDENT WILSON DECLARED THAT THE PUBLIC HEARING SECTION OF THE SPECIAL MEETING BE CLOSED AT 7:34 P.M AND DECLARED THAT WE TAKE A SHORT BREAK The Board Secretary tabulated the Protests that were received President Wilson declared the meeting back in session at 7:49 p.m. Mr. Brunick stated that there were 236 protests received; the majority of owners in the service area are 12,779. The Board Secretary addressed some of the questions that were brought up during the Public Comment Section ORDINANCE NO. 375 ESTABLISHING RULES AND REGULATIONS FOR WATER SERVICE was presented to the Board for approval. M /S /C (LeVesque- Sturgeon) that Ordinance 375 be approved. RESOLUTION 2010.06 — ESTABLISHING RATES AND CHARGES FOR WATER SERVICE was presented to the Board for approval Vice President LeVesque stated that he understands how hard these meetings are and the pain he feels to have to make these decisions; that the Board members are stewards of the District and are doing this for the long term needs of the District. M /S /C (LeVesque - Sturgeon) that Resolution 2010.06 be approved ORDINANCE NO. 376 ESTABLISHING RULES AND REGULATIONS FOR SEWER SERVICE was presented to the Board for approval M /S /C (Sturgeon - LeVesque) that Ordinance 376 be approved ORDINANCE NO. 377 ESTABLISING RATES AND CHARGES FOR SEWER SERVICE was presented to the Board for approval Director Morales stated this was not an easy decision to make; that the District has decreased its budget and still exploring more cost cutting measures. Director Malmberg stated that the Directors and employees who live in the District pay these rates too. (Special & Public Hearing Minutes: 07/15/2010) cmc 3 M/S /C (LeVesque- Malmberg) that Ordinance No. 17' he approved. ADJOURN The meeting was adjourned at 8:06 p.m. until the next Regular Board Meeting. Robert E. Martin, Secretary George L. Wilson, President (Special & Public Iizaring Minutes: 07/15/2010) cmc 4 Subject to approval EAST VALLEY WATER DISTRICT July 27. 2010 REGULAR BOARD MEETING MINUTES The meeting was called to order at 3:00 p.m. by President Wilson. Ms Kasten led the flag salute. PRESENT: Directors: Le Vesque, Malmberg, Morales, Sturgeon, Wilson ABSENT: Director: None STAFF: Robert Martin, General Manager; Becky Kasten, Accounting Supervisor; Ron Buchwald, District Engineer; Cecilia Contreras; Administrative Office Specialist II, Justine Hendricksen; Administrative Manager LEGAL COUNSEL: Steve Kennedy GUEST (S): Jim Cimino (Cimino Realty), Cara Van Dijk (CV Strategies) PUBLIC COMMENTS President Wilson declared the public participation section of the meeting open at 3:01 pm. There being no verbal or written comments the public participation section was closed. APPROVAL OF AGENDA President Wilson requested that items #12 and #13 be presented and discussed prior to item #9 as he must leave the Board meeting early. M/S /C (LeVesque- Malmberg) that the July 27, 2010 agenda be approved as amended. RESOLUTION 2010.12 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, ADDING DELINQUENT NON -PAID CHARGES TO ANNUAL TAXES LEVIED UPON THE PROPERTY FOR WHICH THE CHARGES ARE DELINQUENT AND UNPAID M /S /C (Sturgeon - Morales) that Resolution 2010.12 be approved. Minutes(0727 /10jph) I RESOLUTION 2010.13 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT NOTICE OF COMPLETION EXECUTED BY THE DISTRICT FOR REPAIRS AND REPLACEMENT OF BOWL ASSEMBLY, 6 PIECES OF COLUMN, 13 PIECES OF TUBING, LOWERING PUMP 40 FEET, CLEAN AND POLISH MACHINE AT PLANT 24A M/S /C (Sturgeon- Morales) that Resolution 2010.13 be approved. RESOLUTION 2010.14 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT NOTICE OF COMPLETION EXECUTED BY THE DISTRICT FOR REPAIRS INCLUDING LABOR TO INSPECT, CLEAN ASSEMBLE, MOBILIZE AND DEMOBILIZE, INSTALL AND TEST, INCLUDE A NEW EIGHT STAGE BOWL ASSEMBLY, INSTALL NEW PACKING BOX BEARING, NEW PACKING SET AND NEW STAINLESS STEEL HEAD SHAFT AT PLANT 39 BOOSTER 1 AT 2683 EAST CITRUS STREET AND 2695 EAST CITRUS STREET IN THE CUhY OF SAN BERNARDINO M /S /C (Sturgeon - Morales) that Resolution 2010.14 be approved. RESOLUTION 2010.15 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT NOTICE OF COMPLETION EXECUTED BY THE DISTRICT FOR REPAIRS TO VARIOUS SEWER MAINS WITHIN THE EAST VALLEY WATER DISTRICT SERVICE AREA, ALL REPAIRS DONE IN THE PUBLIC RIGHT -OF -WAY M /S /C (Sturgeon - Morales) that Resolution 2010.15 be approved DISBURSEMENTS M /S /C (Sturgeon- Morales) that General Fund Disbursements 4224994 through #225190 which were distributed during the period of July 6. 2010 through July 19, 2010, in the amount of $1,188,928.32 and Payroll and benefit contrihutions for the period ended July 19, 2010 and included checks and direct deposits, in the amount of $274,258.27 totaling $1,463,186.59 be approved. GENERAL MANAGER'S FEES AND EXPENSES M /S /C (Sturgeon- Morales) that the General Managers fees and expenses be approved. DISCUSSION AND POSSIBLE ACTION REGARDING BOARD NORMS AND PROCEDURES The Board President stated that the reference to Chair and Co-Chair in the document be changed to reflect President and Vice President. Minutes (07/27/10 jph) M /S /C (Sturgeon - Morales) that the Board Norms and Procedures be approved with the noted change by President Wilson. DISCUSSION AND POSSIBLE ACTION REGARDING THE DISTRICT'S 2010- 2011 BUDGET The General Manager reviewed the proposed budget with the Board; that a memo has been included detailing the proposed changes to the Operating Budget and the Capital Replacement schedule as discussed at the July 14th Board meeting. The General Manager stated that the PIO position has been removed; he has added additional funding for site improvements, a line item for an energy audit has been added, and he has increased the administrative consultant line item by $30K for the additional work with Dr. Mathis. Director Morales stated that he and Director LeVesque met with the General Manager to review various line items in the budget; that they discussed methodologies used in the budget in addition to discussing ideas and proposals to continue cost saving measures for the future. Vice President LeVesque stated that the General Manager will be gathering information and providing feedback to the Board over the next six months relating to; retrofitting generators, early retirement options, variable speed pumps, SCE energy savings, fleet leasing vs. purchasing, renting vs. leasing portable facilities, energy audit, paperless /email billing, and level pay plans. MIS (LeVesque - Morales) that the 2010 -11 budget be approved as submitted with directives to the General Manager to look for cost saving measures to reduce the budget. Vice President LeVesque amended his motion to include that the General Manager reduce the budget by $300K to $400K by using cost saving measures. M/S (LeVesque - Morales) that the 2010 -2011 budget be approved as submitted with a directive to the General Manager that he reduce the budget by $300K to $400 by using cost saving measures. Directors LeVesque and Morales withdrew their motion. Director Malmberg made a motion to approve the 2010 -11 budget with a directive from the Board that staff review on -going cost savings measures throughout the year. The motion failed due to lack of a second. MIS ( Malmberg- Sturgeon) that the proposed 2010 -11 budget with the additional administration consultant increase and cost savings measures be approved. Minutes (0727 /10jph) 3 M/S (LeVesque- Sturgeon) that the proposed 20 10-1 1 Nadget be approved with the understanding that there will be a $300K to $400K redu.:tion due to cost savings measures. The Directors withdrew all motions on the table. The Boarr had a detailed discussion regarding the budget and cost savings measures. M /S /C (Sturgeon - LeVesque) that the proposed 2010- 11 budget including the items outlined by the General Manager be approved as subm it, ed. President Wilson left the meeting at 4:00 pm. DISCUSSION AND POSSIBLE ACTION REGARDING THE AGREEMENT TO TRANSFER WATER SERVICE BETWEEN EAST VALLEY WATER DISTRICT AND EASTWOOD FARMS COMMUNITY WATER USERS M /S /C ( Malmberg- LeVesque) that the agreement to transfer water service between East Valley Water District and Eastwood Farms Community Water Users be approved as submitted. RESOLUTION 2010.11 — A RESOLUTION OF THE INTENTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT TO INITIATE PROCEEDINGS TO FORM EASTWOOD FARMS ASSESSMENT DISTRICT Director Morales stated that there are errors on the Resolution and sample notice that need to be corrected. He also posed a number of questions to the General Manager regarding proportional assessment costs, managing the project, the number of vacant and improved lots and where the $900K is coming from. M /S /C ( Malmberg- Sturgeon) that Resolution 2010.11 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING THE INSTITUTION CONTROLS GROUNDWATER MANAGEMENT PROGRAM AGREEMENT The General Manager reviewed the final agreement with the Board. M/S /C (Sturgeon - Malmberg) that the Institutional Controls Groundwater Management Program Agreement be approved as submittec. PUBLIC HEARING Vice President LeVesque opened the Public Hearing at 4:08 pm The Public Hearing is to consider adoption of a Public Health Goal report comparing the District's drinking water quality with public health goals (PHG's) adopted by Minutes (07/27/10 jph) 4 California's Office of Environmental Health Hazard Assessment (OEHHA) and with maximum contaminant level goals (MCLG's) adopted by the United States Environmental Protection Agency (USEPA) for the years 2007 through 2009. There being no public comment, the Public Haring was closed at 4:09 pm. ADOPT THE PUBLIC HEALTH GOAL REPORT M /S /C (Malmberg- Sturgeon) that the Board Adopt the Public Health Goal Report as submitted. INVESTMENT REPORT FOR QUARTER ENDING JUNE 30, 2010 M /S /C (Sturgeon - Malmberg) that the Investment Report for the quarter ending June 30, 2010 be accepted. GENERAL MANAGER / STAFF REPORT The General Manager reviewed the Districts operations to date; that he has met with the District's bond counsel and financial advisors and will be bringing the required documents to the Board in August; that the bid opening for Plant 134 is at 2:00 pm on Wednesday, July 28`h. Mr. Buchwald stated that in the near future there is going to be additional mandated requirements set forth in the Urban Water Management Plan that will affect the District. Information only. CONSULTANT REPORTS Ms Van Dijk provided the Board with a detailed overview of the pre and post rate hearing efforts performed by CV Strategies. Information only. COMMITTEE REPORTS a. Legislative (Standing) — Director Morales stated that the State is still trying to craft a budget. The General Manager gave a brief update regarding his recent lobbying trip to Washington D.C. b. Community Affairs (Standing) — The committee has a meeting scheduled for August 4`h, no further report. c. Policy (Ad -Hoc) — The policy committee is working on a debt management policy and a designated funds policy. ORAL COMMENTS FROM BOARD OF DIRECTORS The Directors stated that they are proud and happy to be here. Minutes (0727 /10jph) 5 LETTER OF APPRECIATION TO THE DISTRICT FROM RON AND PAN CRONK Information only. LETTER OF APPRECIATION TO THE DISTRICT FROM GAIL SHAW (LANKERSHIM ELEMENTARY) Information only. The Board took a break at 4:14 pm. The Board returned to session at 4:42 pm. CLOSED SESSION The Board entered into Closed Session at 4:42 p.m. as provided in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the agenda. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to regular session at 5:20 p.m. The items listed on the agenda were discussed in closed session with no reportable action being taken. ADJOURN The meeting was adjourned at 5:20 p.m. until the next regularly scheduled Board meeting. Robert E. Martin, Secretary George E «'ilson, President Minutes (07/27/10 jph) 6 East Val ley I )* Water District Board Memorandum No. B -34 -2010 Date: August 10, 2010 From: Brian W. Tompkins, CFO/Treasurer?51� Subject : Unpaid Accounts — expired liens Recommendation : Approve write off of ten - year -old account balances for which the chance of collection is very remote Background: The District has many accounts in customer Accounts Receivable that are several years old. For most, the full range of collection procedures has been employed, including issuing liens against property or individuals (body liens). The reason some liens are filed against individuals, rather than property, is that the property owner had disposed of the property, to which the District had delivered service, before staff got to the point in our collections procedures where a lien is filed. Though not as fruitful as property liens, body liens give us a small chance to collect old accounts if an individual tries to sell property within San Bernardino County during the 10 -year life of the lien. Attached is a list of account balances that are at least 10 years old, and on which a lien had been filed, and which lien has recently expired. These liens are all 'body liens' that have not presented an opportunity to collect outstanding balances during the lien term. In order Rio maintain a conservative presentation of receivables on the District's balance sheet, staff requests that the Board authorize the write -off of these customer accounts that are now over 10 years old. Fiscal Impact: Decrease Unrestricted Net Assets by $8,710.59 10 Year Expired Lien Write -Offs Account Number Amount Owed 00010003 -00 $ 87.46 00010096 -02 1; 135.21 00020148 -05 ys 50.92 00040175 -02 $ 56.12 00081148 -05 $ 700.09 00140008 -03 1; 41.06 00150111 -00 $ 136.15 00170028 -00 g. 153.51 00191948 -04 S. -3067 00191949 -03 g 128.99 00210033 -01 $ 197.08 00220046 -02 g. 1x7.29 00220053 -02 g 98.81 00230225 -03 $, 32.27 00350147 -01 $ 122.98 00420118 -02 g 89.37 00420252 -02 g 14214 00420285 -03 $ 37,83 00520117 -04 $ 33.86 00542397 -00 $ 52.93 00542595 -05 $ 58.28 00610026 -01 $ 64.90 00620005 -04 $ 367.06 00620026 -04 $ '30.53 00720019 -02 $ '30.59 00730001 -01 $ 220.20 00730145 -02 $ 59.23 00810019 -02 $ 6492 00810236 -00 $ 128.20 00820014 -05 $ 364.22 00820121 -00 $ '62.08 00830017 -02 $ '68.63 00830180 -00 $ '26.20 00830286 -01 $ 45.44 00830294 -01 $ 77.61 00830340 -01 $ 25.06 00920028 -07 $ 56.34 00920109 -00 $ 69.09 00920145 -00 $ 2 16.95 00920165 -02 $ 48,98 00930212 -00 $ 157.96 00930272 -01 $ 140.82 00940176 -03 $ 30.24 00940217 -06 $ 104.31 Page 1 of 2 01010207 -00 $ 167.72 01030043 -00 $ 109.93 01030206 -05 $ 145.06 01052951 -01 $ 64.96 01110172 -03 $ 70.95 01110190 -01 $ 15.48 01120158 -01 $ 181.97 01130201 -00 $ 118.02 01130278 -02 $ 34.70 01140011 -02 $ 377.59 01140064 -02 $ 93.46 01140161 -03 $ 73.97 01140190 -00 $ 150.54 01250070 -00 $ 22.14 01260557 -03 $ 72.63 01310072 -00 $ 80.00 01320127 -02 $ 65.68 01340172 -00 $ 44.86 01350135 -01 $ 53.44 01350188 -02 $ 65.10 01430156 -00 $ 20.00 01442999 -01 $ 71.75 01510028 -00 $ 111.37 01510105 -00 $ 32.34 01520050 -06 $ 58.58 01550644 -00 $ 41.36 01550951 -00 $ 41.90 01552141 -00 $ 148.14 01615030 -01 $ 62.14 01630532 -01 $ 114.85 01633011 -01 $ 103.18 01642798 -01 $ 60.32 01650026 -01 $ 253.88 Total Accounts 80 Total Write -Offs $ 8,710.59 Page 2 of 2 WS-2398 ck 07/06/10 DEVELOPMENT AGREEMENT THIS AGREEMENT is made this day of , by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT') and Glemose Ranch LP (hereinafter "the DEVELOPER "). RECITALS A. The DISTRICT is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. B. The DEVELOPER proposes to subdivide and develop certain real property within the boundaries of the DISTRICT which is located east of Boulder Avenue, north of 5th Street and west of Orange Street, in the City of Highland, County of San Bernardino, State of California, and is generally identified as Tract No. 17682 (hereinafter "the PROPERTY'). A copy of the Tentative Tract Map for the PROPERTY is attached hereto as Exhibit "A" and is incorporated herein by this reference. C. The development of the PROPERTY will consist of 121 dwelling units, and the DEVELOPER desires that the DISTRICT provide domestic sewer service to the PROPERTY. The DEVELOPER intends to design and construct the facilities necessary for sewer service to be furnished to the PROPERTY. D. The DISTRICT supplies domestic sewer service within the area to be served and is the public agency empowered by law to provide such services to the PROPERTY. E. The purpose of this AGREEMENT is to provide the terms and conditions under which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to supply sewer service to the PROPERTY (hereinafter "the PROJECT'). COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: 1 WS -2398 ck 07/06/10 Section 1. DESIGN OF FACILITIES. The DEVELOPER serees to design the sewer facilities for the PROPERTY in the following manner and according to the Rules and Regulations of the DISTRICT: a. The DISTRICT agrees to provide to the DEVELOPER tentative sewer plans which conform to the requirements of the DISTRICT. b. The DEVELOPER agrees to design the seV'er facilities for the PROPERTY in accordance with the DISTRICT'S Standards for Design and Processing of Sewer Plans. The designs shall be submitted to the DISTRICT in a complete form which shall provide sufficient information for review and approval by the DISTRICT in the exercise of its sole discretion. C. The DISTRICT may request certain changes in the plans, which DEVELOPER agrees to incorporate into the plans and specifications for the PROPERTY. d. The DEVELOPER shall furnish the DISTRICT with any and all easements necessary for the construction, operation, maintenance, and repair of any and all sewer facilities to be installed and /or used for the PROJECT. All easements shall be submitted to the DISTRICT for review and approval by the DISTRICT in the exercise of its sole discretion prior to the DISTRICT'S acceptance of any dedication of the PROJECT facilities under Section 6 of this AGREEMENT. e. The DEVELOPER shall submit all plans, drawings, specifications, and contract documents. For all work to be performed pursuant to this AGREEMENT, to the DISTRICT for review and approval, if acceptable to the DISTRICT. The DISTRICT agrees to review all such documents in a timely manner and, upon inclusion of all changes thereto requested by the DISTRICT in a manner satisfactor} to the DISTRICT, the DISTRICT will provide the DEVELOPER with authorization to proceed. The DEVELOPER shall not proceed 2 WS -239£ ck 07/06/10 with the construction of the PROJECT and any other sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. CONSTRUCTION OF FACILITIES. The DEVELOPER agrees to construct the PROJECT and all other sewer facilities necessary for the PROPERTY in the following manner subject to the DISTRICT'S approval: a. The DEVELOPER shall obtain all necessary permits from the City of Hi he. land and all other public or private agencies required for the construction thereof. The PROJECT and the facilities appurtenant thereto shall be constructed at a location determined by the DISTRICT, and shall be relocated by the DISTRICT at the DEVELOPER'S sole expense if such relocation is deemed necessary by the DISTRICT in its sole discretion. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY and all other locations where the work contemplated herein is to be performed. b. All facilities constructed pursuant to this AGREEMENT shall be in accordance with accepted standards and practices in the industry and in compliance with all local, state, and federal laws, rules, and regulations. The DEVELOPER shall be responsible for providing all labor, materials, and equipment necessary to perform the work for the PROJECT, and such work shall be performed in a timely and workmanlike manner by a party or entity acceptable to the DISTRICT. All such facilities shall conform to the DISTRICT'S Standard Specifications for the Furnishing of Materials and the Construction of Sewer Pipelines. All costs and liabilities in connection with the design and construction of the PROJECT shall be borne solely by the DEVELOPER. C. The DISTRICT shall inspect and approve all work to be performed under this AGREEMENT. However, any approval by the DISTRICT of such work, or of the designs, specifications, reports, and /or materials furnished hereunder, is understood to be conceptual approval only and will not operate to 3 WS -2398 ck 07/06/10 relieve the DEVELOPER or its conttacior;. consultants, or subcontractors of responsibility for complying with all lave s. codes, industry standards, and liability fcr damages caused by negligent acts, errors, omissions, noncompliance with industry standards, .)r their own willful misconduct. Further, neither the DISTRICT'S review, approval, or acceptance of any of the work or services performed in connection with this AGREEMENT shall be construed as a waiver of any rights hen:u, der or of any defense or cause of action which the DISTRICT may have arising out of the performance of this AGREEMENT or any previous or subsequent agreements. The DEVELOPER shall cause the facilities constructed under this AGREEMENT to be inspected as required by any and all other public or private agencies. Section 3. DEVELOPER'S COSTS. In addition to all other obligations imposed upon the DEVELOPER under this AGREEMENT, the DEVELOPER shall be responsible for the payment of all of the following: a. The DEVELOPER shall pay to the DISTRICT all, or any portion, of the applicable connection fees for the PROPFRTY at the time of application for sewer service therefor. The DISTRICT will provide sewer service only to those specific subdivision lots within the PROPERTY for which payment in full has been made to the DISTRICT. b. The DEVELOPER shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation of the PROJECT, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design of the PROJECT. C. The DEVELOPER shall comply with all rules, regulations, resolutions, and ordinances of the DISTRICT that are currently in place or may hereafter be adopted, and shall pay when due an} and all fees, deposits, charges, 0 WS -2396 ck 07/06/10 rates, fines, penalties, taxes, and /or assessments that may be levied by the DISTRICT. d. The DEVELOPER hereby consents, and waives any objection, to the exercise of any and all collection remedies that are available to the DISTRICT under the law upon the PROPERTY and /or the person and /or property of DEVELOPER and its shareholders and partners. Section 4. SECURITY. a. The DEVELOPER shall provide performance, completion, and /or payment bonds for the PROJECT in the minimum amount of not less than 100 percent of the estimated construction costs containing covenants which are acceptable to the DISTRICT and the City of Highland. b. The DEVELOPER shall provide a maintenance bond for the PROJECT in the amount of 100 percent of the construction cost, which shall contain covenants which are satisfactory to the DISTRICT. Such bond shall remain in force for at least twelve (12) months from the date of acceptance by the DISTRICT of the dedication of said facilities. C. The DEVELOPER shall also procure and maintain during the performance of this AGREEMENT such policies of insurance, bonds from an acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms of security, in amounts and upon terms deemed sufficient by the DISTRICT in its sole discretion to protect the DISTRICT from any and all exposure to loss and /or liability. Section 5. COSTS FOR OVERSIZING. Pursuant to Section l.c. of this AGREEMENT, the DISTRICT agrees to pay to the DEVELOPER the incremental cost of oversizing any PROJECT facilities greater than ten inches (10 ") in diameter for sewage collection pipes. The DISTRICT shall determine the amount of the incremental cost of oversizing and the method of payment in the exercise of its sole discretion prior to its 0 WS -2398 ck 07/06/10 acceptance of the PROJECT facilities. Section 6. DEDICATION OF FACILITIES. a. The DEVELOPER shall, upon completion (,,f the construction of all facilities to be installed hereunder to the satisfa.ctior) of the DISTRICT, dedicate said facilities to the DISTRICT by a deed of dedication or such other instrument as the DISTRICT may prescribe, and the DISTRICT agrees to accept the dedication thereof by formal action of its Board of Directors. Thereafter, such dedicated facilities shall become and he operated and maintained by the DISTRICT as part of the DISTRICT'S sewer system. The DISTRICT shall not accept dedication of said sewer facilities until all connection fees have been paid unless otherwise allowed under Section 3.a. herein. Section 7. SERVICE RESTRICTIONS. Any obligation on the part of the DISTRICT to provide sewer service to the PROPERTY pursuant :o the terms of this AGREEMENT shall be excused in the event that the performance thereof is interrupted for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, court order, natural disasters such as floods, earthquakes, landslides and fires, and other labor disturbances and other catastrophic events which are beyond the reasonable control the DISTRICT. Notwithstanding any other provision to the contrary, the DISTRICT may suspect or refuse sewer service to the PROPERTY if the DEVELOPER is in breach, default, or violation of this AGREEMENT or any rule, regulation, resolution, and /or ordinance of the DISTRICT that is currently in place or may hereafter be adopted, or if such service would adversely affect the health, safety, or welfare of the DISTRICT'S customers, or for any other reason deemed paramount by the DISTRICT in its sole discretion. Section 8. LIABILITY FOR DAMAGES. The DISTRICT shall not be held liable or responsible for any debts or claims that may arise from the operation of this AGREEMENT, or for any damage claims fcr injury to persons, including the le WS -2396 ck 07/06/10 DEVELOPER and /or its officers, directors, shareholders, guests, invitees, trespassers, agents, contractors, consultants, and employees, or for property damage, from any cause arising out of or in any way related to the PROPERTY, the PROJECT, and /or the DEVELOPER'S obligations hereunder. Section 9. RELEASE. The DEVELOPER hereby expressly waives and releases the DISTRICT and its agents, officers, directors, and employees from any and all liability for the claims, actions, and /or losses set forth in Section 9 above and for any costs and expenses incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor did not know or suspect to exist in his or her favor at the time of the executed release which if known by him or her must have materially affected his or her settlement with the debtor." expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER thereunder and under any and all similar laws of any state or territory of the United States with respect to the claims, actions, and /or losses referenced above. This AGREEMENT shall act as a release of any claims that may arise from the aforementioned whether such claims are currently known or unknown. The DEVELOPER understands and acknowledges the significance and consequences such specific waiver of Civil Code § 1542 and hereby assumes full responsibility for any injuries, damages, losses, or liability that may result from the claims identified above. This AGREEMENT shall also act as a release of any claims, actions, and /or losses set forth in Section 9 above, that may arise in the future whether such claims are currently foreseen or unforeseen. Section 10. HOLD HARMLESS. Excepting the sole or active negligence or willful misconduct of the DISTRICT, the DEVELOPER shall indemnify and hold the DISTRICT and its officers, directors, agents, and employees harmless from and against all claims and 7 WS -2398 ck 07/06/10 liabilities of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on the part of the DEVELOPER and /or its officers, directors, shareholders, partners, assignees, guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with the PROPERTY, the PROJECT, and the performance of their obligations under this AGREEMENT, including design defects, even if occurring after the completion of the PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees from any suits or actions at law or in equity for damages, and pay all court costs and counsel fees in connection therewith. In addition, the DEVELOPER agrees to defend. indemnify, and hold the DISTRICT harmless from and against all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs, expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and accountants), and all foreseeable and unforeseeable consequential damages which might arise or be asserted against the DISTRICT and /or the DEVELOPER with regard to the PROPERTY and /or the PROJECT which are alleged and /or determined to be tortious, and /or in violation of present and future federal, state, and local laws (whether under common law, statute, rule, regulation, or otherwise), including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, California Code of Regulations Section 15000 et seq., all as the same may be amended from time to time. Section 11. NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated as of mailing or in the ease of personal delivery, as of actual receipt. Mailed notices shall be addressed as set forth below, but each party :may change its address by written notice in accordance with this section. I] WS -2396 ck 07/06/10 If to the DISTRICT: East Valley Water District P.O. Box 3427 San Bernardino, CA 92413 Attn: General Manager If to the DEVELOPER: Glemose Ranch LP 1875 Century Park East, Suite 1980 Los Angeles, CA 90067 Attn: Victor Svilik Section 12. DISPUTES. Any dispute or controversy arising out of, under, or in connection with, or in relation to this AGREEMENT, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through 1294.2 of the Code of Civil Procedure. The cost of such arbitration shall be paid by the parties equally; however, the prevailing party in the arbitration shall be entitled to reimbursement of its attorney's fees and other costs incurred in connection therewith. Section 13. ATTORNEYS FEES. If a dispute arises which cannot be resolved by arbitration, regarding the breach or enforcement of the provisions of this AGREEMENT, the prevailing party therein shall be entitled to recover all attorneys fees and other costs actually incurred in connection with reaching a resolution of the dispute whether or not an action, claim, or lawsuit is filed. In any action brought, the entitlement to recover attorney's fees and costs will be considered an element of costs and not of damages. Section 14. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs, successors, legal representatives, and assigns, and each of the shareholders and partners of the DEVELOPER in their individual, separate, and /or other capacities. 0 WS -2398 ck 07/06/10 Section 15. ASSIGNMENT. This AGREEMENT may not he assigned to any individual or entity without the written consent of the parties tereto. Section 16. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, whether oral or written, between the parties in connection therewith. This AGREEMENT may- not be amended unless in writing and signed by the parties hereto. Section 17. CAPTIONS. The captions of sections and subsections of this AGREEMENT are for reference only and are not to be construed in any way as a part of this AGREEMENT. Section 18. INTERPRETATION AND ENFORCEMENT. This AGREEMENT shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared this AGREEMENT and any uncertainty or ambiguity contained herein shall not be interpreted against any one party. Failure by either party to enforce any provision of this AGREEMENT, or env waiver thereof by such party, shall not constitute a waiver of said party's right to enforce subsequent violations of the same or any other terms or conditions (herein. This AGREEMENT shall be enforced and governed by and under the laws of the State of California, and venue for any action brought to interpret and /or enforce an} provision of this AGREEMENT shall be in a state or federal court located in the State of California that would generally have in rein jurisdiction over the PROPERTY. Section 19. SEVERABILITY. If any portion of this AGREEMENT is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this AGREEMENT shall continue in full force and effect. Section 20. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and the parties hereto agree to proceed in good faith, with due diligence, to complete all 10 WS -239£I ck 07/06/10 covenants and conditions set forth herein and to perform such further acts as is reasonably necessary to effectuate the purpose of this AGREEMENT. Section 21. AUTHORITY. Each individual executing this AGREEMENT on behalf of a party hereto represents and warrants that he or she is fully and duly authorized and empowered to so execute on behalf of such party, and that this AGREEMENT is binding in the manner set forth in Section 15 hereof. 11 WS -2398 ck 07/06/10 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date first above written. ATTEST: Secretary ATTEST: Notary Public DISTRICT: East Valley Water District President, Board of Directors DEVELOPER: By: Name V Ic -r-'0 2 S V I L l K Title "r: Z,— 1q ety 12 i �i �I 9� ,. /. /� /. ...,, -.. - i, i 1�1 �� - :., ._ ,�_ a---;..c::;..r �5iiliioiio��i,�inuliiiii�y�, �� � - - �' i�� �I � = ii. i ' k' _�: ::ice' - + - =V�i M !ti` t :'. is ��� � �i 1 m �� 1, b �� i bi11L1 �... ��:� �. _. _ - •. - - - it ��_� . o �'' ., '' .�� . a.,` ��� �. i i East Valley t"OWater District Board Memorandum From: Brian W. Tompkins / Chief Financial Officer Subject : Disbursements. Recommandation: Approve the attached list of accounts payable checks and payroll issued during the period July 21, 2010 through August 2, 2010. Background: Date: AUGUST 10, 2010 Accounts payable checks are shown on the attached listing and include numbers 225202 to 225385 for A total of $871,217.05. The source of funds for this amount is as follows:. Unrestricted Funds $871,217.05 Payroll and benefit contributions paid for this period totaled $291,051.61. Director payroll for this period totaled $9,465.49. Total disbursements $1,171,734.15. O o y > S W U a U ❑ ❑ ❑ ❑ (] [� ❑ ❑ ❑ ❑ ❑ O C O c o o n ❑ ❑ Q R O 'a (D (0 0 O 'q � O 1� N O O m O m Cl) N M. N— I� N O O O O O O O O O (D (D O O UO 0 n '7 ON co u] O O co 0 0 0 0 0 O co O O `" M 0 (D M V m v m m (D W- Cl) u O O O N M (D 04 cli O m 'V O O O O 00 (D T N M N M (D (D (D (D V N OR m O 0 `- N CO .- N N N N N m N g N N m o Q d @ U C 0 O Y Q O r -[ (7 cC J 7 C W N N ` m m a s W Cl) Cl) J) U a v z 'O D ? O QQ < m o n v; i 0- a_ J Q Q 9 W L) O a` c m U ¢ a o W :° O 2 z m m o z CY d a, a W Z O FJ- F (1) N of m J m 0 V% M� Cl) N N N S C S n O 0 0 0 0 0 0 W LLI d Y O W Q ¢ W ~ K Q W 0 w El m 2 o LL UO z U U m m m m OU N U U U U C U m m N N m C C C m W a�mi d ami a) v U U U U N W m rn rn m ai m rn m m m m m 0 0 0 0 0 0 0 m @@ m m m @ U U U U @ a` a` a` a` a` a` 0- E E 'E E E , m m m m C C C C C C C C U U U U U ''j E C_ C C C CL O N N O D U U U U U U °g O N N d M H M °m o =� 2 2 2 E 2 2 N N N N N w E E E E E J o '' °o I- °o c c o' C a Q Q m N N N (� N (� S r_ c � 0 0 0 0 0 0 0 m m m m m �ll J y J 'O 'p -- O C O U a) d Q) U •1' U U U U o U U U U U U U U F- F F- H F- f.:i m m m m C7 _o _0 0 0 0 0 0 0 ° N ° N o c) 0 0 C) �I r. O N 0 0 0 0 0 0 0 (V 0 0 0 0 0 0 0 N 0 0 0 0 0 O o 0 o 0 N< N O 0 0 0 0 N p N O r r r N rJ �' N ON N N N O ❑ ON N cN- .N- .N- O , '- r .-- r .- (D (D (D (D (U t� u7 O O O O f� � r r N 0 O (D (O (O (D co O (-,. C, C', O (O O I� n n O O r M O m Q F Y O U > Y 0 0 0 0 0 0 0 U » » Y O O O O O O Y O O O O Y O Y O » > U >> >> > C > U > U >> >> U > U > m ¢ > D N N F- i- O Q Y al Z Y N N M qT O (n v (n (n c O Y) O w m E H t N N m m m 0 m � (Nn m O Om m o X 0 0 0 0 O (S 0" N '" m A°m N m m m m m ((j m (D o m o N N m p 0 O 0 p 0 0 0 0 0 0 0 p 0 0 0 0 p U W oo MM MM oo moo v M oo O vv rnrn C) Cl vv vc o N N O O 'Q V -CT V m m -. t0 O N m (a O O V; m (a V' V N N 0 0 LO t0 M M O N N m m N N V V (O (a m V (O to (O V O m V V (n LO LO M M m Cl) O LO (O a) a) M M N r O O Co M n N O Cl) O O N Cl) a) V R I M O .- .- Cl) M V a) O (O n_ O a) N U) ce) V V 0 r r mN 6 N V t+i R V uj w U d' CL M LU E w O ? ZO n O N M V (() co r- m a) O N M a r m 1 w 1 M O h w r N O O) I m o N in N a N ry N No No Np NO N �+ Na o o in �O NN N No N r NM N C'4 N l0 aw °� l0 tr0 ((i r to ww U7 a°o m m m m ao0 aw w W - W - - w LO U) Z U W U Z ? U U Q C6 U CU O U O Of U) O uj w U Q CL O LU E w O ? ZO 0 Q J y W p U U W Z (7 Z O O Z W p ¢ Z Q a a jz x a' ° � F Z M O LL ¢ W Z R O W 2 U W m W Z U O i 2 m CJ C) a OU > Q m W J > O N � � 2 Wa' U a' N W p U_ U 0 O _X p W W W lai 0 LL LU LL LL U' S y 2 N N d N U U_ O C C C C C ` 6 O Z C T N a N w m E E E E E ° aU °- co w U CL v v rn CL a N c a O C > > w c d d d d c U w w r ) o HHHHH c a U c m 'o t 'a 'a -a -o -a 4 0O ' m -a o NO Cp O d N O N m U) O= O a) ..0. �) N N V N a U co N O (%) m 2 a) O O 0 o rn 0 0 0- O u u v v 5 O 2 o d o f o m ° o f ° U o W v O C > p X O U > N (0 N (9 (0 m N O V N W o W N W O U LL j j - L U 0 p p 7 W U W 0 0 0 0 0 W O d N LL LL m LL 0 (� 2 2 CD > a v U LL U U U U U U > C7 U U U O 0 o O 0 0 0 0 0 0 0 0 0 0 0 C> r 0 0 0 0 0 0 0 0 0 0 o O NN 0 0 N 0 N 0 N (n 0 N 0 0 0 0 0 O o 0 0 0 N 0 N O N o In N N N o N o O N 'n O N o N o L N cli N N(0 N N N N N N O O O O O C-4 N r r N N N O N V N N r N D7 r N Il- r- r N O N r- N O N � Cl) O N P N U) (O (f) (O O 0 (O (O (a (o r O- r- O r- f- r- N O N O (O O r N O N C O f� O O� O YO YO YO YO YO Y00000 YO YOO YO YO YO YO YO Y U > U > U > U > U > U > > > > > U > U > > U > U > U > U > U > U O N M V (() co r- m a) O N M a r m 1 w 1 M O h w r N O O) I m o N in N a N ry N No No Np NO N �+ Na o o in �O NN N No N r NM N C'4 N l0 aw °� l0 tr0 ((i r to ww U7 a°o m m m m ao0 aw w W - W - - w LO J ❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ O ❑ ❑ ❑ ❑ ❑ ❑ M M N W U N N N N (N N NNt Cl) a M u� M M Cl) N O O LO N' N of V 'V (D (fl - N N N 00 co rJ O V OOp co V V M M O O c; O N N 66 r O W C6 6( O O r r r-� rm O (D (D (O N N Oi Oi (D (D I 66 O O (D LO (O O N m M M �l R C V' 01 (D ID O (O (D M M V V O O n O - N N M M O O Ifi .fi N N M N N W O (14 Cl) Iq � M r co N'cr N N N N N N N Cl) a M u� M M Cl) N LO N' N of N N r N (D N tCl n N V) 0 N In M N rr Ln 0 N u�i Iii N r` LO (OD � � r 'o O A W N ^ N ^ ' N r, N N N N N z W N (N N r N !� LLN7 !� ?> N nl U z Z U O m U z ❑ > ji K Z J ji m (q 7 ( U U J z !n W (n CO Z 'JJ H a W 2 U J Q W D] W CJ In W > W (n >� W � ( < ._l Y J Y J <./) U Y W (n w ¢ m U (n ¢ z ov ¢ ❑ M co O F ! Q ❑ p (n (n w W O_ F- (n Q z ❑ ❑ U J Q z z O O ui O z O :_ �' Z c O Q Q — ]_ fn Y Y p O 0 U w N C F N C y9 C C @ N 9 0 N (n N C -C C I- O �- y 'C "O 'O O N In C C c J C J d J C J > C > 7 IU U O O a) a) :3 (n a) 41 N N N i- C A= ] a) O a) a) >> No y ` , ` o o m o(.J c o (m m E E o m o W N 01 0 p m N O =o a O mi Z O O w U a W I N < Z Q u 0 Jm U U U U U O ; U U U 0 0 0 0 0 p c o 0 0 C� o O O o O O 0 p 0 0 p 0 0 0 0 o 0 0 0 0 O N O N O N O N O N _ N O N O N O N L O N O N 0 O N N N N O NN N N N CN N N U� ' O N N N N O It V r N O N 1` N O N O (D t` N O N n N O N r- N O N O N - O N O 'IT O N O N O O n O Y0 YO Y0 YO YO Y: O Y O YO Y O Y O O O O O O Q > U> U> U> U> U> U> U> U> U;> :?> Y U Y U V M O N W O (14 Cl) Iq � M r co N'cr O N N N N N N Cl) a M u� M M Cl) N LO N' N N (D w N N r N (D N tCl n N V) 0 N In M N rr Ln 0 N u�i Iii N r` LO (OD � � r 'o O A W N ^ N ^ N r` N r, N N N N N 0 N W N (N N r N !� LLN7 !� ?> N nl 0 O O 0 0 0 0 O O U 0 0 O 0 0 0 uD r (- N N O O I V V ID (D (D (O (D (D (D O CA (O (D O M Cl) C O L O (D (D V C O O O O N co (D N N (h m N N S Lf) 00 00 O co M M D) CA O OD (D N a0 O a0 O m D) 00 Di W W O 09 t- r-: V V ap CO r N N N t O O V V co O W(M V V o 0 O m N N O 0 � N N O uD C CL z O Q rn zv w 0(u CL z U m O p Of z O } U U U U w LL U Cl) O O W C7 ~ > Z U N CC W z m ? U m U } O OJ N O w z Q ? o ¢ H a U U 04 (n r g ¢ r o w Cl) Ja o Y r o w z I a 00 w a p a o w LLI w z O U � w Q (n O O J Q H Z) LL z 2 U) z U' w w a w U .� z z O O a a a m m m d g 2 y U) N C C C N N Q) C O 9) LL T C C C N N m C N N 'O N Od d (6 N (0 ` '� E 'NO U 'C 'O O 'O C (` CL (0 w d w N ` .a .Q .Q N O d d '� (D a� o (D (u d a cq ca Q' LO O U O N O m N Q d O � N °� °o Ov �v 6 �n 0 (oi� :5; 75 of zE H D o (°o F- �o LU zo z �? Om O� a� a� CL 0 ada)m a'CJ aE m � U U U U a U U U > »> w w � U O 0 0 0 0 o O O O O o o O o O 0 0 0 O O O O N 0 N 0 N 0 N 0 N N N O N CD N O N O N O O N N O O O r N N N N N O O N O N N N "I N N N N N N N N N N N N N h N n r N� O N O t- N N t- (D n N N O N t- N O N I. O n r O r r r t- r O r r (D t` O (D O N O N O N O N O (D O N YO �co Y> C)o C)> Y> YO U> L)U> 0> UU> U¢ >U> U> 0 YO >> �> U> L)> >> N (+) C (D N� (D N � N(m`+ W NM CA N n O N� n Nm N NN N� m N g V o N Ny m N' m Nm N(�`+ N m (n o r N m m (A m 0 'o O 0 0 m m m (D O m (D () m L O m N m 0 m (n ((D (D r m N ao ❑ ❑ ❑ ❑ ❑ ❑ ❑ G ❑ ❑ ❑ ❑ ❑ ^ ^ ❑ c o o n ❑ O ❑ co co VCC) N O N 00 (() r r O O N N m m (p (p r- In r M (O O O U) U) W� 00 O O co O m 00 0 0 0 O O O O O O t0 O O O m O N iN N N r ,V M M h In M M V V m U) O O � N N m O m N M O m r O O S) ^. C) C m r' r m n N N M O (o O m m O O � N V (O N rO r o N O M m m 0 N .- 00 0 0 O O O O N N '7 (p h m O m m r 00 r qT U) CO N r> U) U) N N Er z 0 U) CO U) U) J U) z U U W Q -j U) O O J U_ a w } J z U) > �° z a a a g c ❑ a U O U > F O O 0 z Z U U Q LL LU Z m ❑ OU Z Z OU J co a } a a U CD co U 0O O z � (n ❑ O z > ❑ Z } lL Fz— J (1J U W Z 0 Q m m LL Q = 2 Q J Z z Z K W Z U m m OU O O 0 a a co (n o (n m N w c U p it m (i N C O w N m U) N W N N N N ❑ C m m N 4) w C U U U U N O d m m m m o ��a� o Of (D (D a) (U a) _U o O O (n (n U) (7 .a m N V M N N m O C N O E O O O O .n O .>, ?^ O 0 0 0 0 0 0 0 N❑ O N N a d Q° J p Z c Z U Z - �: w Q) O o U :' :'_ a� m m m m m E E _— O U U U U = y = O U U O � m w j (n U) (i m ._ .- O N w >> 2 U U UUcr.,0 2 U w iii N 0) N N N 2 (n UU 0 0 0 o O O o 0 0 0 0 N 04 N N O 0 C) 0 0 0 0 O O O ' O O O O C O `-' pOj N O 0 O 0 - 0 O 0 0 0 0 0 N O 0 0 0 r ON n N � r 04 CN � N r- f- O (O o N M O N f- O r- I� N N O a r N N r M r N (C') �� r- N r- N N n O N O N O q) h :'J ^- CD O I� n r n O r O N N DO YO YO YO YO x0000 YO YO 10000 0000 O 00 > U > U > U > U > U > > > > U > > > > > > > > O m V LO < m U) O m U) n r (n M O (O O .- N M m LO m C) (O n I (p N O O N (D o N m m m m om N a °m a c m m W N m m 0 m m U) n (p N ` m N m N^ Nm Nm Nom m n n m m N O N om m m (no 0 0 0 mn mn (�o �m m n n n n N n n r. N� nm N mn N U ❑ ❑ ❑ ❑ ❑ c o o ❑ c o o ❑ 00 ❑ ❑ ❑ ❑ ❑ D n O O 0) M (O r O r� Cl) O O (3) n- r� r- O O 0) (O N N r• r• O 00 7 O O O V (O 00 00 N O O O O V O O N O O M M n- V V O 00 0) 0) r (y O N N 00 V M N N (O 0) r� I-- r- Cl) r N N 10 00 r_ 0) N N 0) 0) 10 (O r N i0 (O M 0) V (O (O 00 N M c- V V Cl) V CO (O LO 0) r• U'� (O M Cl) N N V V M M 00 w M N t0 Cl) 00 M N N V V Q) W (O r• co 0) O c) N O m O a m CO a O r• (y m N m m N m N o 0 o N �+ m m m m w m m m L m r rry r n! r n N n N n r r N n e N N m n N N n m m N ro M V O O n r• b m r r• m r• n In o r n N < N N (O O 0 0 I o " o A. (O m N m m m � i m , m m n C 0) E U M O. M C (6 O Y M O U } N Q H U U U z LL O w a J J z p z O U w U LL N z U) O Q o OLL � U w W ¢ ? (D a ¢ ~ v 3: ¢ in > w U co U w (n Q ❑ z 0 z O w w Z Z 0 }�} _J F- F N N U w W 2' m z F- w w 7 a W ❑ Q ❑ J 2 O w ❑ ❑ > > > N Q M Q Q Q O m 0) U O) O O d 0 n M O >. E j '0 (b m N CA N Q U) N E m T w n Q° m ❑ CL M N 0) 7 J (n is a m J U O. � = C O] U U O 'm a a U d d M c O U ami ami Ki M� . d CO O M UO C r C C M M m M 0) O C Y V N O C O m U m M O C O L 0 w l (V `O O d V p O a) 1A °° O N d o m o c c o@ ° o m o o o O m m •c 'C c) o °_ a O> a m ° E Q 73 m Q d °: .� m n a Q J w E w L' u o o J O m F (> Z c c H m w= M E w a: m c: E w- ❑ T ❑ n J N > d M N N Z) M is Z) m > �, d 0 > a > M O M O N M Q) N Q M Q E Q m Q O > 0 2 2 2 U F- U U U M w U O o 0 0 o O o o O o O o CD o O o 0 o O o 0 0 0 0 N N N N N N N N N N N N O r� N N O m 0 0 N O O O C) O 0 O N r• (O N O O O N 0 0 0 (O N O O O N O O O O O O I O O O N O O_ N r. 04 r O O N O O l0 O O M M M N N N M O N _O _O _N O t- n r O C) N i t n- O N O (NO (O O (O O r• r• r O r• O (0 .-- O O n n� 0 (O O V>o Vo0o>o> U� V0>o>o> Vo> V000 VO VO VO VO QO> Up U0o (O r• co 0) O c) N O m O a m CO a O r• (y m N m m N m N o 0 o N �+ m m m m w m m m L m r rry r n! r n N n N n r r N n e N N m n N N n m m N ro M V O O n r• b m r r• m r• n In o r n N < N N (O O 0 0 I o " o A. (O m N m m m � i m , m m n ❑ ❑ O ❑ O ❑ ❑ ❑ ❑ O C_I 0 0 ❑ ❑ ❑ ❑ UA Ln N N 00 00 O N N O O (3) D) LO LO tD Ln a) G (O (p I O O '7 7 M M 00 M M 0) m O O O O O O O 0 0 (O (D tD LD M M O C. O O O O O O N _m N Cl) (D O Ni W w ' C14 O O O N N N N w n n• O) (D (f) !; h n N N n 00 �' C LO °� N � r Ln m (D ((O L W V 'R m M M M m m M M co 00 (D O r- m m M M n O '- O) V N n N (� N n W m 0 N n p r- tD LD V C Cl) M V 00 m O N Cl) V LD (D r• OD O) O 1 (V r- n. m COO CON N 00 n M m N w 00 m 00 N ¢ r'; Z COO D) M 0) m C) N N (o N 0 � N m Ln N L o � m N O � N o m N n N O Ln N L o z N _m N o CN C14 M ' C14 [O N n N N N N w °� N O N h n N N n O �' C LO °� N � r Ln m L W n r n n U n r_ n N (� N n N n N n p W Z Q 0] Q W Z_ > Z KS OZ U W Z z Z C7 ED O w Z � O U z z S U 0 m or: U U) F F 0 a_ Z CO a z Q w Q LI (D 0 X D S W W W Q i- W O N fr Q z W 1� oo Q Q S Z O W Z %' z Q U U o Q W Q O ? <� U W m Q m W W F Z ❑ FW- z W C) x LY Q O H 2 2 D Q 0 w tY c Q ❑ ❑ Q Z O U)) F- Q Q Q co m 07 c Q Q U <; Q Q Q Q Q CL C (D c Z w > O O 'Y '(p RI O Y U ° �, O CA W V) m m T _ N V) O N CA j C CO O cr l of a` ) 06 a) Of O m M N O �- O) N a) O J ° ° E O CO O E ° ° E °— O LL O E ° O 0 0 _ vCO � W d) I ¢a) w° 0r O ° o a ❑ SCN aN o 'C O a) N Q Q Q n c] b Q Q Q 0 Q j Q 0 Q Q Z) O (D U t U U a u; LL U U U H H 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 0 0 0 0 0 0 0 o c, 0 0 0 0 0 N N O N N N ° N ) N N ° ° O m LD N O N O N D (D O N n r N N N C N N N N N N C L' ... N LO 0 N N N O N N I� r. r, M il- Cl) 1 r N N n N r- .-- n O: n r` N N � r N rr N 0 0 n Orr 0(D ON O, r- ON O'- ON ON O r- C r- O n ON (D ON Or, r- 1 0 1 0 1 0 1 0 0 1 0 1 C 1 0 1 0 1 0 Y' U 1 0 1 0 1 0 1 0 1 0 0 U > U > U > U > > U > U > U > U > U > C > U > U > U > U > U > > 00 m O N Cl) V LD (D r• OD O) O 1 (V r- n. m COO CON N 00 n M m N w 00 m 00 N ¢ r'; N N COO D) M 0) m C) N N (o N 0 � N m Ln N L o � m N O � N o m N n N O Ln N L o N' L= N _m N o CN C14 M ' C14 [O N n N N N N w °� N O N h n N N n � N (�`{ �' C LO °� N � r Ln m L W n r n n n n r_ n N (� N n N n N n p ❑ ❑ ❑ ❑ ❑ 0 0 0 0 ❑ 0 0 0 ❑ ❑ 00 0 ❑ ❑ 0 m CO m R V O O t` O to Cl) N N O (D (D O 1 O O Cl) V m m O) m O) co (D m m LO 7 r m 0 N m CO O C V N co O O O n N O N N (D (D Lo W co O LO tf) N m D? O O Cl) V M m (D M Cl) m O W M. (D O m. (D O r N. N N M n 0 c6 m. 00 N N N N N N (D m I� V n m O (D O C (D O W W V V V- N V' V V V M m f� t� m- ,4 N N E m r r LQ (D O U) in (D n N N N r- L 00 07 M I (D , , , Z m N (D m m M (D (D n 00 m O I N M V m n m (o n m m m m v) m m m n 0) m O m O m O n O O umi umi tm0 No m N m m N O N N N N N m N m N o O M M n M N M m M m m m (D n ID tD U7 (D m tD b LO M iD r n m m m a0 m m n m m m m m m m 5 J w Q U LL LL (-)m Z LL O� ULL LL ❑ O y p O w r ❑O Z ❑ � W Z ¢ 0 W U Z w U Q O W w2' U W > m m O Q (If O J J W w w ((n g a w as w ❑ Q ¢ z a J L) U z z_ O J J Z O J Z g F- U U Z) (n C7 w Oo > O w LL w Q Z w } Z U 0 N N (0 J d Z CO ❑ J Y o o J Q = D O' m N J O (n m w Q CO O U °Q Q w Z H m IL > Q w w } 3 OJ W w K J w m m Q Z Q X Q Q m m E U ❑ w w w LL N N N d m 2 x C a N CO L -gyp O O L CL CL d aN aN d m c d d m a c E c Z Z Z Z C C U r C C (D x a w U m U (n r' OO O O co N NO rl ` @ (0 00 C O r 00 0 0 0 p O ` �` �` E 0 M (i aU) o N N N p p) O C) ` ° 00 s oa n 4 N ��� W 0 = N in w a J C w U V c (n p i N N N Q �� m 0 0 m O w U N N D j W p W a LL ) -F� F O U m N N N N (n(n(nw m v UUJ O >> .` a U U w O o 0 o O o 0 0 0 o O o ON 0 0 0 0 0 0 0 0 0 0 0 (f) (D (O OD M O N 85 0 0 0 0 N 0 0 N m O O O N O_ N m N N 0 O O N N co O N � O N 0 0 N 0 0 N co 0 0 0 , O NN 0 0 0 0 N(D O (D (D NN 0 0 0 NN N V Nm M N N N� n (D N(D r NN O NN tD NN N . r n N N n N N N N n N r, N r n M n r r t� N n n n t` n n t• O N W O n n t- r O N O r O r- O N O r- t` O n O N 0 O r O !000 YOO YOOOO YO Y000 YO YO Y 0 0 YO YO YO YO Y > > > U > > U > > > > U > U > > > U > U > U > > U > U > U > U > U M (D (D n 00 m O I N M V m n m (o n m m m m v) m m m n 0) m O m O m O n O O umi umi tm0 No m N m m N O N N N N N m N m N o O M M n M N M m M m m m (D n ID tD U7 (D m tD b LO M iD r n m m m a0 m m n m m m m m m m ] 0 0 0 0 0 O 0 0 0 0 0 O 0 0 0 0 0 0 0 O 0 n 00 M 0 In N V V O (D tb N (D r N N V V 0 0 ° O D M m N m O M N N co r (D O O 'R V W D) m O— r> to q V O O O O ..J O m m m m ( O m m 'c{ O u (D t7 V (D M M N N (n (n M V m O N N co N N 'n '7 O 00 M Cl) �-- M O (D M!. (f) . n O r to M r r r r N M (o 01 W tT to (n O ']� O O to O (D N N m r LO r 0 0 N '- `-- .- M M :J O O) M M N N N CO co O (D N N :V N M 1 LL N LO 00 m , U) w N U LL to (D LL O 0) O V w O O :o O th n r O m O m O (0 O W Cr O O - N M m l0 D M m O m M r M N M N M (0 i` M O o M N M N r> m O m m z M m r r m 9 L,j N m m W N N N W u N OJ m N N f0 QJ N m N LO OJ J OJ OJ OJ N ¢ LL O J ¢ w 0 J U O U O w } J w LLJ o N ¢ a U 0 d C.) w U � ? 0 C O O O Z Q F- a U U Lli Z O ¢ U N H I ¢ ° Z (n W ¢ J w ¢ ¢ ° .� ¢ O 0 o ¢¢� m a z %� o ¢ U)i 'o m c Q m m C 0 0_ Q 0. CN Q L `O , 000 O 00 a) N 1. T m N N m N N N (0 a7 LL N O N Q Od m O 0) a) 0 a) (n c a c C C d .� c j Q c W IL a a a - a s a) m n a) E E a) z c ° a) m E cn U) n Lj c a a a >> D a c CL u c n y a a s E d c (> m n c c n to (n (n cn n c c a ° c = r r a7 r m In a .4 06 ca tom' 05 W ca o U D U c N CT cr °ow�w °ow o2 Lr °o ° om oa E m E zaa m of 2 m m om om m o 0 c ¢ m d i w v w N QQ Q ¢°'° w r '.Uc n. m _ O °. d d m } of d c c P_ a LL N M ja LL � LL U D C� (D U 2 f0 f0 !0 S (0 Z N (0 > > (a a) a) ._ )C (n 2 (n O U U w ED >> U O O O O O O O O O O O O O O O O O O O O =J O N N N N N N N N :V N N N MO CO o 0 o O M 0 0 0 0 O tlf p 00 0 N 0 N 0 0 �- 0 0 IV J� O O 0 0 0 0 0 0 0 0 0 0 0 '.n N O N N N N N N r � _ N r r N N N ID ;; -V N O O O N O O O O ^ O O O ^ o o M) r O) O) r t` N r r �- CO r r N r � r V O r (D r O .- O N O �-- O r r O r r O N O r O O (p (p (p 0 (D O (D (D I I aoo � � o Yo �o0 boo Yo �> to � > U 000 Yo � 0000 to (D r O 0) O V (n O :o O th n r O m O m O (0 O W Cr O - N M m l0 D M m O m M r M N M N M (0 i` M O o M N M N r> m O m m M V M m r r m 9 L,j N m m W N N N W OJ [O N OJ m N N f0 QJ N m N LO OJ OJ OJ OJ N 0 0 0 0 00 0 0 0 0 0 0 O 0 0 0 0 O , V- m Cl) m N r O N N O C O O O O O m to In Cl) M N N N (o (o R 7 N 00 co O O r r (D O 1 r' O O r r N N h of ri 0 r v of of (o (o M m T v vi ui v v m m 0 co OtD 0 0 V V o 0 NN of of U"i Lo -'C N m (D D)N to V V rr V V NN aoO rr (DO Lr) in h Lf) V co N N N N N r •- W O O (D V o) m M m O L? N N W (D Z W J J Q 2 U Q J O U r r ° O LU W N 1- w Q m F- J Ili Q } w Q J Q c-i m m W ~ Q Q U M 7 H m z Q D Y d W O =O ¢ m a w w LY O LL _ _ F- J = v o a3 a w U ly w U Z_ c O' Y 2 m n a n 0 (a lD N (L) n n n 9 D. O N u a`) a`)OO �O a� D.N N N N N N IA N (� U � U) N O N �N.. 'm n c ~ c c c c c c 4. c CL s a c U > > n y w o n (n !n n > > m > > > > c c C i O O U x x U U US �tf °(1 O O V r LO (a W N 00 O a) (� r a) O a) 0 J O a) N a) a) 00 a) m a) 0 ` a) l m m °° E m ° E ° E E m E ° E E U u x E E Q V E - o o n x o O _0 o ° o O o a o Q Q o Q o U N U o U a) N( Z .7 w O N Q Q y Y N j J LU j 7 J In m -) 7 U = C C W 2 U U U U U U J U U U U O O O O O O O O O_ O O O O C, O O O O O O O O O O O O O O O 0 NI LO ° N ° N c U a0 N Cl N O N 0 N O N O 00 N 0 N a] O ° 0 «i N N N O N- N N N N CD N '7 N N N M M 0 0 r r. N N N r N r c r r N 't V D p ( (N O r co O O N O N O r O N O N O N O N O r O N O N O r O N > > > > > > > > > >C) ; C] O O O 0 0 O O 0 C] O 0 0 U O p T m t` m m (0 (O O O V V V V N N c0 W N (n l'J N t` n n� M O m N_ O D (O m (n I. V V 0.0. M M. ff) r r (p Co. r - V M Co. V V M O M cN- � ni m m O O 00 00 O O r- r •Y '7 M M I .- (1) OJ co 00 co m N O N V O � C V M co [h 0 M V V N N M co N (1) co (0 (O N N M O O r M V V O IX) O N J Z (i U w Z LU W J ) U U W F" K `0 Z Q = j Q d -Qi Z U J Q uj JJ U Q CO 7 U <C W 7 .11 Z H p OW Q W Z Z N Z UJ Y 7 ly Q Q (? L H = o z uJ a) m zt Y a JJ Z rG m 0, J Q CD ;j w w u) Q 7 O J v. _ :.) U W J_ _J F_ Q W 11 ~ ~ rn N = N J rC J c Z Z Z Z (L a C) C IL C d F M C j C .0 C W f/1 fA N t/l U) m CO a a a a 2 2 in n E m m o as as a a v v (D o. 'm m = N O- _ w of U w Of w w CC V) a s a M W cr 00 0 V N O N M N �� d V N N U O Y _O N N N N (n Cr NO CL' p 7 a Z o U o _° a ° o H o o > o °— o °— o � p f° o H m a `) U () W N = N E vt us = in Q y w .n E Q rn Q W (� J 1E O n O D U U (i (� U Z U Z U U Z U a U a CM > aCL) a O C� O O o O O O O O 0 O O O O O 0 0 0 0 0 o c) 0 (D C) 0 C) 0 0 0 N N N N N N (`J N N N N N N N N N O O O O O O O O O O O O m C) W co co co co O co IX) CO CO CO (0 t` Q) 00 W n co m N N N N N N N N N N N N N N N N CV ^7 ,n N N N N N r r- N n N N r (N iz: V r N h- N r N r N 7-- CV l': ^ N r , O O O N O N C) O N O N O N O N O CV O O N O N O n r O O Y O Y O YO Y O Y O Y O Y O Y O Y O Y O Y: O Y O Y0 Y o O Y O Y U> U> U> U> U> U> U> U> U> U:> (?> U> U> U Q > U> U O N m V tl) ZU r co m Cl M ro �_ M M M o M M n M c M si �n V co V N V o (o V m V M (h ff) cr'l M r7 ni N N (� N N m N n. Lo N Nro N N N N N (' N N r ] ❑ ❑ ❑ ❑ ❑ ❑ U ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ NOD N_N 0 00 W 0000 (D (D 0 0 0 O u') I1 0 OO OO NN 0 LO V 90 OO O O m m Co. Ln r. LO co M Cl) O O 00 00 r O O m - V V 00 MM NN V V (D (D (D V (D O `C V 00 C) C) 66 (D (6 LO LO MM OO (U (n mm MM NOO M(D OD (()U) r- r- LO LO OO C' V NN n V R co m w )n m 0 00 N N O O C' V v V m tn(n mm O 00 Lf5 (V N — N � (ID F L' Z O z O W Z W U z H w J m Q 2 LL U z 0 w O O a w w z O J D' J w m O z O C) > U W > O Q ❑ U Q J w Z Z Z_ ❑ ❑ ❑ Q O r ? z >- o w Q Z z z O z 0 > j Q Q a.. m m m m Q W O U O (n z Z Z Z Q Q W W w 2 O O Q O Q Q Q Q c d O � N O U 07 U C A N N N N N N C c Q) C U n i w c .�- p U m o u at D U an d 0) ar at y 0 m U U c� U (� U (� c c a m 0D R r N M �` C C C C C CO 00 (O Un O (D 0) D) � '- °) °� '.c C) o o B °o c c c c c o o aMi O U o oo w o o E z o w m (D 0 @ U C7 a a a d a; too to LL y z Z= z z ? w h W W N O c c c c c O ❑ Q at Q U Q E Q Q D! is d 'to .F m m .F u U `m U N U d U U of 0 0 o O o O o O O o o O o 0 0 0 0 0 0 0 0 0 0 o 0 0 N N N N N N N N N N N N 0 O O N O O 0 0 0 0 m 0 O O O O O O m 0 0 0 co O m 0 m 0 0 0 OD 00 0] '- O V) O O O O O O O O O O co 14 N N N N N N N N N O NL N C5 CD O O O N N N V N'4 Nm N N N J O N O N O r O N O O O r O (NO (NO (NO co N (ND O N O ti O r O r O (ND O r O > U> v> U> U> U> U> UQOOO�o �> C))> 0> �> L)o� L)> C) (D r- 00 m O 1 N M V LO (O r OD m V V m V' N V ((D m In M (D Q m O N M � O) LO �() (D 1� Un M (D m In In M o M a M m M N M m M V Cl) V M O in M m M m M y M o M M M N co !n m IA )[J m U? m m `m m m m (n M m m ' M Lr) M Lr) LO 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 O o LO O O O O 00 00 O O co r` r- r- 00 Q) (O (O O O O (O (O m 0 O O O O (0 (D W D) (O m O O R V O O M M )O U) W r- — (D r W 0(D r` r M M O O O O M M O N N O O (D (O O O (O (D r` r- (D d' N u] co 4.6 (D N r 0 o M O N 6 r` I I O O m D) (D (D N (O 0 r- (D N N (D 4> M M N N (D (D (O LO W O O 0 0 Cl) O 0 M Q) m M Cl) 2 0 �- :D N N N O W N Cl) V LO (D r` M m O n (D a (D a (D �n (D (D N (D N (O m rn (D o (D o O m r- m r` r r N r D M M M O M Cl) M N Z M M M M M 'n M a CO N M m co O M O (h K r (D a0 r. (() N W (() of ro .D D7 W l[) m tf) (() ^ (D ^ LO N n N W N r N N r- N N n n N i,. (N N N N N N J Q Cl) O 0 m 2 w W a O to U (n Q > J O W ff Z w� OC) O ~ U) U N W W d 2 C-1 F LLI w CO Z } a U U S O z F g z O0 > Q = U 0 d w F U U Q Wn LL O O Z Q O Z F' R' J m Q O W qT ¢ a � C > Y w o J O N a C14 (7 t z iY o (n D o M w O Q z W w S Cl) S Q W Z Q W In OD Q 0 >- 3 Q W a H ¢ O z O F Un (n (n (n (D (n (n (n (n ':n u. L7 (n F- N F 2 2 N O 'C C N N N C 0 (N/) N j @ N N N C N N c cm CL c Y m U a(q U c U c C CL N Ix a C C Q C f0 V O L M M IT @ N O .- (U C m d D) N R N O 0 U N D IT co O O U N r- (D E N O E- O N N O E E 0) O E N O v: O� O W O (D O O` 0) D Z` N Z Z O O N W e U N N Q O (n 0 0 Q CL U O C Q m Q) N R' D N O_ W O_ D Q C Q E Q y U O :_ O. lil a N N i_ 'C L H D C _U Q o C Z H D (n D (n m (n D (n U (n � 0 (n > D (n Q 0) n _ (n O (n F F U H O NO 2 D U U J 2 U U U W > _ U O J U d O O O O O O O O o O O O O O (D 0 C) 0 0 0 (D 0 0 0 0 0 C) 0 0 0 O N O N N O N N W N W N 0D O O (O O (O ` O O (N - O O N N (O O O co Q LO N - 7 O O O N O C N N N r` r- N 7 N N (O O N V O N O N N r- r- N r- N N I� r- :D O �- O r O N O O O N O N N O r O O r` O r- O O r- O Y O Y O Y O Y O Y O Y O Y O O Y O O Y O Y O Y O Y O Y O Y O Y > U > U > U > U > U > U :> U > > U > > U > U > U > U > U > U > U O 1 N Cl) V LO (D r` M m O n (D a (D a (D �n (D (D (D N (D N (O m rn (D o (D o O m r- m r` r r N r D M M M O M Cl) M N M V) M M M M M 'n M a CO N M m co O M O (h D 00 r (D a0 r. (() N N (() of ro .D D7 W l[) m tf) (() ^ (D ^ LO N n N N r N r N N r- N N n n N i,. (N N N N N N l0 (D r OD m O v N Cl) v 10 r v r O v r 0 r r n 00N 07m 00 000 00m CO MN v v M W M0 Mm M r M V Mo M M_M M r M 0 a LO m W N m W a0 N A N N CO N o7 r l0 LO of N r m 11 . c c 5 O O p LO 0) r M N �O (D r r t V O O (D (D O O O O 0) 0) O r 0) (O 7 O t 0) m V T o O m O r r O O O O r r O O O O V C aT (O co O M V' 0) 0a N N 0) M 0) 0) V V r r O O 0) 0) 0 0 N N r r Cl) r r O 00 V r u7 M M O O V V (O (n (D () 'O V V V Cf V 00 N (D (O 00 V M c c O M W (D (O N N 00 00 M M N N N r0 Q U a a OD x cc OD l0 (D r OD m O v N Cl) v 10 r v r O v r 0 r r n 00N 07m 00 000 00m CO MN v v M W M0 Mm M r M V Mo M M_M M r M 0 a LO m W N m W a0 N A N N CO N o7 r l0 LO of N r m 11 . c c 5 O O J Q N N w D N Z c c cu cu r0 Q U a a x cc O J Y Y m m U O O Z N r 0 Z j > Cl) i Q 0 Q J J a J J w N J w d Y OU Q Q J O a O Z J Q Q Q It Q � � J Z U W O W O Q 11J Q O M z Z N N 0 w 0 J U a N N yQ > (n 0 w N Q D_ N o U i Z O O ¢ 7 Z w Y O V¢ W LL O a °Q w ¢¢ O p w O J w Q' _J Z_ - N U w J O > > LL 2i X } N 1 N n N d N rn N w N O N C? N Z d 'J O N O IA IA N O N (n 2 N N i d CL CL a d c 0 a N 0) c c s m S C (n c O.6 O N d (n C O 0) CC O 2 3 O) 0) w w 7 O O O U Cl) 00 00 N U co 00 _ O a O C 00 C 0 0-5 N 02 3 N E N O o m 0 2 0) O o'er U 02 0-0 C° O N N of E ' O_ d m J IA N Q Q .-E J Z C 41 JE O$ N N U N w Q J O O .O W O '= N > C .2 C N � Yp U� X � C W jq A N N 7 > = 0 > O m 0 3 3 m O 3 3 O N N> H �- U U U U U U (n U LL U U O O O O O O O O O O O ON O O O O O O O O O O co 47 O LO N 00 O O O N O O N 00 O N W O N 10 0 N O_ N 00 N O N N N 0 0 0 N" O N N N N N N O N N N N N V N N N LO N N N r O r r r r o, O, r N O N r N O N r O N r, O, r N O N r O r r .- o— r - o I r N N O N N 0 0 0 0 V O V O 0 V O V O V O V O O U 0 0 0 0 0 0 CY.� l0 (D r OD m O v N Cl) v 10 r v r O v r 0 r r n 00N 07m 00 000 00m CO MN v v M W M0 Mm M r M V Mo M M_M M r M 0 a LO m W N m W a0 N A N N CO N o7 r l0 LO of N r m 11 . ;4�4 East Valley Water District Board (Memorandum From: Brian W. Tompkins / Chief Financial OA, Subject: General Manager's Expenses. Recommendation: Approve the attached list of payments and reimbursements for General Manager expenses during the period July 21, 2010 through August 2, 2010. Background: Date: AUGUST 10, 2010 Business and Travel expenses incurred by the General Manager and paid during the reporting period stipulated above totaled $1104.35. A summary of theses expenses by authorized payment methods follows: American Express — R Martin 1104.35 American Express — J Hendricksen CalCard — R Martin CalCard — J Hendricksen CalCard — E Bateman / C Contreras Direct Reimbursement Total 1104.35 East Val ley Water District Board Memorandum No. B -32 -2010 From: Ron Buchwald, PE ►dvSlLAlip Subject: Regional Urban Water Management Plan Update Background: Date: August 10, 2010 The Urban Water Management Plan Act requires all water suppliers to prepare an Urban Water Management Plan (UWMP) every five years or years ending in a zero or five. Every five years there are updates to the Act usually requiring more information to be collected, updated and submitted to the California Department of Water Resources for their approval and this year has been no exception. In fact, several laws have already passed that will mandate or have the potential to mandate significant costly requirements. Though typically required to be completed and submitted to DWR by the end of the Calendar year, the 2010 UWMP is required to be completed and submitted by June 2011 (this is mainly due to the fact that DWR is still developing and implementing requirements from the laws that were recently passed). Two such laws are AB1420 and SBX7 -7 that deal mainly with water conservation. Among many other requirements, SBX7 -7 requires all water agencies to meet a 20% reduction in water demand from the current 10 -year average by the year 2020. Failure to meet this requirement will not only cause the District become ineligible for any State grant and loan funding but also be subject to a waste and unreasonable use filing with the SWRCB and / or subject to litigation. Other potential mandates include Demand Management Measures (DMMs) or Best Management Practices (BMPs) that have been voluntary or easy to excuse in previous UWMPs that are now required. Attached with this Memo is Meeting Memorandum No. 3 as prepared by Kennedy /Jenks, the consultant hired to perform work for the many water retailers in the Bunker Hill Basin on a regional basis. In this memo, there are several foundational BMPs listed that all retail water agencies are required to put into effect as well as many other optional BMPs that although may not be required, will not be easily exempted. Some examples are having a showerhead program, low -flow toilet rebate program, leak detection assistance program and many other alternatives. Please read the attached meeting memo. I will be available during the meeting to answer questions. Fiscal Impact: Unknown at this time Meeting Memorandum No. 3 Kennedy /Jenks Consultants Meeting Time: 10 AM to 2 PM Page: 1 of :5 Meeting Location: Valley District Office Date: 21 July 2010 i Job Meeting Date: 19 July 2010 _ No.: 1089014_ Project: RUWMP San Bernardino Valley Persons Attending: Kennedy /Jenks Mary Lou Cotton Meredith Clement Dana Haasz Leila Khatib on Demand Ctient/Contractor Other Mike Medina Russ Handy T. Jarb Thaipejr Chris Diggs Woody Hynes Greg Gage Ted Brunson Ron Buchwald Bob Tincher Linda Jadeski Thomas Crowley Amanda Kasten Jennifer Ares Jack Nelson Max Rasouli res Organization City of Colton City of Loma Linda City of Loma Linda City of Redlands City of Redlands City of San Bernardino City of San Bernardino East Valley Water District San Bernardino Valley MWD West Valley Water District West Valley Water District West Valley Water District Yucaipa Valley Water District Yucaipa Valley Water District City of Riverside 0 urban Water Management Plan Introductions and Announcements 1) On August 5, 2010 the Department of Water Resources will be holding a public workshop on implementation of SBX7 -7. This workshop is anticipated to cover methodologies for calculating baseline population and baseline water gallons per capita. Everyone is encouraged to attend. The meeting will be held at the Metropolitan Water District, starting at 10 am running until as late as 3 pm (past workshops have been less than 2 hours). Me:trcpolitan is located immediately adjacent to Union Station, so it is convenient to take Amtrak or Metrolink to the meeting. New Legislation and the UWMP Requirements 1) New legislation since the 2005 UWMPs includes SBx7 -7 and AB 1420. Most legislation since the 2005 UWMP is directed at water conservation. The Demand Management Measures (DMMs) section is not a new requirement for UWMPs, but the new legislation requires reporting, accountability, and targets related to DMMs. More detailed information is now required related to implementation levels, cost - effectiveness calculations, and plans for implementing water conservation activities. 2) If a water supplier fails to comply with the new requirements of the UWMP Act and the associated DMM section requirements, that water supplier will be ineligible fcr state grant and loan funding. �men915M1a'e�p,,0Q010,1089014 K ,,, ,g v3 minutes 7A1 -2mo do: 0 205 aenneayuenU Co ... U,,(�. 1 Meeting Memorandum No. 3 RUWlvIP San Bernardino Valley Page 2 of 5 Further, if a water supplier fails to meet its SBX7 -7 water use reduction targets by the end of 2020, it is possible that the water supplier could be the target of a waste and unreasonable use filing with the SWRCB, or could be subject to litigation. DMMs and BMPs 1) The terms "Demand Management Measures" and 'Best Management Practices (BMPs)" are used interchangeably. They are programs or activities through which a water supplier can communicate with their customers and encourage or incentivize water conservation. During the 2005 UWMP cycle water suppliers had to describe their compliance with 14 DMMs. The DMMs have been revised and now are grouped as follows: a) Foundational BMPs. These are mandatory. There are no exemptions from the Foundational BMPs. b) Programmatic BMPs. These may or may not be implemented, depending on which compliance option a water supplier chooses: BMP implementation, Flex Track, or Gallons Per Capita Per Day (GPCD). If the water supplier chooses to comply using the BMP option, then they must implement the BMPs that are cost - effective. Compliance Options 1) There are three DMM compliance options. In addition to implementing the Foundational BMPs, a water supplier may: a) Implement Programmatic BMPs as defined by the California Urban Water Conservation Council (CUWCC). If the water supplier can document an exemption to a particular BMP, the water supplier will not have to implement that particular BMP. There are three exemption categories: cost - effectiveness, legal authority and budgetary limitation. However, the budgetary exemption cannot be used if another less cost - effective water supply program is implemented instead of the BMP. b) Develop a Flex Track program. Under this option a water supplier develops and implements a program that will achieve water savings greater than or equal to using the BMP option (the total savings volume of all the BMPs). c) Develop a Plan to reduce GPCD. Under this option a water supplier develops a means to reduce GPCD by 18% by year 2018. To also be consistent with SBx7 -7, the water supplier must develop a plan to reduce GPCD 20% by year 2020. Therefore agencies may want to consider this option. Foundational BMPs 1) 1.1 Operations Practices (formerly BMPs 10, 12, and 13). Requires: a) creation of a conservation coordinator (can be a part-time position or consultant) b) enactment and enforcement of ordinances that prohibit water waste, require efficient indoor and outdoor design principles, describe actions to be taken in a water shortage c) wholesale agency assistance programs (apply only to wholesalers). Programs must be mutually agreed upon between a retailer and the wholesaler. 2) 1.2 Water Loss Control (formerly BMP 3) a) This requires quantifying real and apparent water losses using the AWWA Water Audit M36 manual (manual here: w .aw a. orq) ResouroesfWaterLosscontroi .ofm ?ltemNumber= 47957, software here: 1 \ve,8 hee\V,e$0191108901EW Sbvmwtl_uwfM`-0]m ¢ e4ng51]01- chentueetny nJ min.tn ]19.]019dY E7005 xenrony /JPnkS ConsuAanly[ 9) Meeting Memorandum No. 3. RUWMP San Bernardino Valley Page 3 of 5 www.awwa.ora/ Resources/ WaterLossControlcfm?ItemNumber= 48511 &navltemNurrber = 48158 &showLooin =N ). During the meeting there was some discussion about exactly what UAIR would require a water supplier to report related to this BMP. Based on information from the CUWCC, a water supplier should be prepared to provide the following information to demonstrate compliance with this BMP: b) the completed AWWA Standard Water Audit and Water Balance worksheets c) a discussion on apparent (meter under -read, fire flows) and real losses (leaks) and their causes by quantity and type i) the economic value of real loss recovery ii) document how the agency has, and will, reduce real losses when cost - effective. iii) document how the agency has, and will, reduce advise customers when it appears that a leak exists on the customer's side of the meter 3) 1.3 Metering with Commodity Rates (formerly BMP 4). This requires meters for all new service connections and establishment of a program to retrofit unmeterec connections. A water supplier must document that they have a meter maintenance and replacement plan. Finally, a water supplier must bill customers based on volume of use based on actual meter reads (see also BMP 1.4) 4) 1.4 Retail Conservation Pricing (formerly BMP 11). A water supplier must implement a volumetric rate structure, which can be uniform, tiered, allocation- based, or seasonal rates as long as the volumetric portion is at least 70% of the rate. 5) 2.1 Public Information Programs (formerly BMP 7). Quarterly, a water supplier must contact customers with a water conservation message. Methods include events, paid and public service advertising, mailers, billings, social marketing websites, and a maintained agency website. 6) 2.2 School Education Programs (formerly BMP 8). A water supplier must implement a school education program and provide support and educational materials to local school districts. Programmatic BMPs 1) Residential Assistance (BMPs 1 and 2) require that a water supplier implement all three of the following: a) Leak detection assistance to 1.5 % of single family and multi - family units, each year, during the first 10 years b) Thereafter, maintain a program whereby leak detection assistance is given to customers complaining about high bills or 0.75% of single family and multi- family units. c) Distribute low -flow showerheads until 75% market saturation is achieved. Regarding market saturation, these estimates should take into account the fact that houses built post -1992 will have low flow showerheads (as required by the building code that went into effect in 1992) and the fact that showerneads typically only last about 8 years. 2) Landscape Water Surveys (BMP 1) requires a water supplier to orovide landscape water surveys to 1.5% of single family accounts each year during the first 10 years and therafter maintain a program whereby landscape water surveys are provided to customers complaining of high water bills or at least 0.75% of single family accounts per year. A single survey that looks at indoor and outdoor water use will count towards BMP 1 and BMP 2. 3) High - Efficiency clothes washers (BMP 6) requires that a water supplier provide inventives for the purchase of high efficiency clothes wasters, targeting 1 % of single family accounts or 1.4% per of nve13.e,.reiprojld,01011089014 OD_sUrmwtl_uwmp�0lmeelmos9 C m a onnmev. 7.192010 aoc f 200 KenneopJenks Coosuhants([.9) Meeting Memorandum No. 3 RUWMP San Bernardino Valley Page 4 of 5 the market penetration during the first 10 years. 4) WaterSense Specification toilets (BMP 14) requires that until market saturation of 75% is achieved or until the universal retrofit statute goes into effect in 2014, an agency provide incentives for toilets meeting the WaterSense Specification and replace at least as many toilets using 3.5 or more gallons per flush as would occur with a retrofit on resale ordinance. A water agency can offer rebates or offer reduced connection fees for new housing that includes WaterSense specification toilets. 5) Commercial, Industrial, and Institutional BMPs (BMP 9). This requires a water agency to reduce CII use by 10% over a 10 -year period using measures on the CUWCC's CII list or implementing unique conservation measures with quantifiable water savings. This particular BMP may be influenced by requirements in SBX7 -7 for a 10% reduction in the CII sector statewide by 2020; guidance will not be available until 2012. 6) Landscape BMP (BMP 5). Requires a water agency to provide incentives to non - residential large landscape customers. A water supplier must: a) Develop water use budgets for 90% of landscape accounts with dedicated meters within a 10 year period. Water budgets should be consistent with the Model Water Efficient Landscape Ordinance. b) Provide audits or irrigation checks for all landscape accounts that are 20% over their water budget within six years. c) Provide surveys to 15% of un- metered and mixed use meter accounts in 10 years (CII surveys that include both indoor and outdoor can be credited to both the landscape and CII BMPs). i) Provide incentives for irrigation equipment retrofits ii) Provide notices each billing cycle with water use budgets. Exemptions from Programmatic BMPs 1) Exemptions are allowed from the Programmatic BMPs. A supplier can be exempted from a BMP if: a) The BMP is not cost - effective (cost- effectiveness should be demonstrated using the CUWCC cost - effectiveness model, which has been loaded to the RUWMP Extranet site). b) Lack of funding. The argument to not implement a particular BMP cannot be used if a less cost - effective BMP is being implemented. c) Legal impediments. Regardless of whether or not a BMP is cost - effective, a water supplier may need to implement it in order to meet the requirements of SBx7 -7 (reduction in GPCD by 20% by year 2020) Steps to Preparing DMM section of the UWMP 1) As shown below, there are several steps in preparing the DMM section of the UWMP, we are currently at the first step, "Assess Compliance." then] \e ar6 gece0IDtlp88014 OD -swmw _Uwmg101- meenngs,7 01-cwttmeelin9 >5 mi Ne �TM2010 Ooc 9 }005 Xenneay,AnkS Cons0ants(F-9) Meeting Memorandum No. 3 RUWMP San Bernardino Valley Page 5 of 5 2) In order to assess compliance, Kennedy /Jenks needs complete data forms. Commonly agencies have provided the data they used for the 2005 UWMP, but data for years 2005 to 2010 is missing. Kennedy /Jenks will contact each agency with a list describing the missing data. The goal is to provide the missing data by August 6. Upcoming Meetings and Action Items 1) The next meeting is anticipated mid- to late- September and will focus on Regional Water Supply. 2) The table below includes action items from the meeting: Action Item/Task Due Date Responsible Part Provide link to CA Green Building Code on Extranet done July 21, 2010 Kennedy /Jenks Provide link to AWWA Water Audit Manual M36 on Extranet done July 21, 2010 Kennedy /Jenks Load DMM Cost - Effectiveness Worksheets to Extranet July 23, 2010 Kennedy /Jenks Provide list of missing DMM data to agencies Jul 23 2010 Kennedy/Jenks Provide missing DMM data August 6, 2010 All agencies Regional ter Supply Outlook Sept 8, 2010 Kennedy/Jenks ency Chapters 7!7! January 10, 2011 Riverside Highland Water Company City of Redlands Yucaipa Valley Water District Distribution: Team By: Meredith Clement Extranet I1venl4harelpo�ecb�101011089011 a0vmrA_uwmpW meehngsl]OtcfenlUneehnp %3 mmulas 749.2010d.c ©2005 KenW,OwKa U,,Aa,tsF -9) 14 �EastValley Water District Board Memorandum No. B -31 -2010 From: Ron Buchwald, PE Subject: Conejo Sewer Main Replacement Project Date: August 10, 2010 Recommendation: Authorize District Staff to Advertise for Bids for this project Background: The Conejo Sewer Main Replacement project consists of replacing approximately 2,630 linear feet of 6 -inch and 8 -inch diameter vitrified clay pipe (VCP) with new 10 -inch diameter HDPE pipe by the pipe- bursting method. This method minimizes the need for the typical open trench method of sewer main replacement and /or new main installation. The pipe- bursting method utilizes the existing host clay pipe as a guide and a metal shape cone is inserted to break the existing pipe in place and replace it with the new HDPE pipe. Other items of work include potholing, pipe cleaning, CCTV inspection, lateral disconnection and reconnection, traffic control, abandonment of sewer lines, abandonment of sewer manholes, and testing the new line. The sewer main along Conejo between Baseline and Pacific has been an area of increased maintenance for many years. Part of the reason is that as flow travels downstream from north of Pacific Street, the sewer pipe diameter decreases rather than increases. This coupled with an excess of grease deposits from the residences in this area requires District staff to clean this main on a regular basis to avoid sewage backups. The need to move forward on this project quickly is necessitated by a combined City of Highland, City of San Bernardino and County of San Bernardino street overlay project along Pacific Street. The City of Highland has taken the lead on this project. This project is scheduled to go to bid as soon as September of this year with construction starting soon thereafter. The City of Highland is aware of the District's project and will work with us on scheduling of work. Included with this memo is the "opinion of probable cost" provided by CDM. The total current cost estimated by CDM is $920,754. To date, CDM has completed the plans and specifications and is ready to bid. I recommend that Staff be authorized to proceed with bidding this project in order to try to stay ahead of the Pacific Street overlay project. Plans and specifications are available for review upon request. Fiscal Impact: $920,754 /\ k) \E «, ))! k( ��f! A N a o 0 c` d 20 ., c d C d L N v u n" N °c a O U O Y ffi V V ONi N � b O T T OMi m N sQ M r m n r N N N V N rJ O N O m m m c a m rm'+ '� o a vi eo m ui vi e n m i N E 1O a m m m M m I f 4 b m r b O 7 N O N m L pE M J a o 0 0 0 0 0 0 0 0 0 o a M m {Op M N N m V m m m M m Y N N N a A f W a 0 d A _ A « O A C d O"p An O1 J O 6 N W CL E 06 U L) f L A m b c U N 3 3 3 0 y y c K a :°. a° H in d c Y C W w O O m A= a o 0 A o c h= s t G L C J A ;j d o= A m u O N W W 0 0 0 d .. o O w m c o a 0 i a w E o s a w A 2' O. L m 'a o: r a a Q I a R a N M a m b n m m o 0 0 0 0 0 0 0 0 0 Ql 03 r C Q c d N 4 .. O Q O O n� m x 0 U m F f O U A d A C ffi N mw - d N W o N Q g O S A E S - 3 $ i d � p m x 0 U m F f O U A Final Format Pending EAST VALLEY WATER DISTRICT DEBT MANAGEMENT POLICIES EAST VALLEY WATER DISTRICT DEBT MANAGEMENT POLICIES Policv Statement The District's overriding goal in issuing debt is to respond to and to provide for the infrastructure and capital project needs of its customers while ensuring that debt is issued and managed prudently in order to maintain a sound fiscal position and protect credit quality. This policy documents the District's goals for the use of debt instruments and provides guidelines for the use of debt for financing the District infrastructure and project needs. The District will endeavor to pay for all infrastructure and other projects from a combination of current revenues, available reserves. and prudently issued debt. Debt is an equitable means of financing projects and represents an important means of providing for the infrastructure and project needs of the District's customers. Debt will be used to finance projects if: (i) the District's goal of equitable treatment of all customers, both current and future, would be met (ii) it is the most cost - effective means available to the District, and (iii) it is fiscally responsible under the prevailing economic conditions. The District's debt management policy is designed to: • Establish parameters for issuing debt; • Provide guidance to decisions makers: • with respect to all options available to finance infrastructure and other capital projects; • so that the most prudent, equitable and cost effective method of financing can be chosen; • Document the objectives to be achieved by staff both prior to issuance and subsequent to issuance; • Promote objectivity in the decision- making process; and • Facilitate the financing process by establishing important policy decisions in advance. The District will adhere to state laws authorizing the issuance of debt, and federal and states laws governing eligibility for tax - exempt status and continuing disclosures. 2. General Provisions The District will provide for a periodic review of its financial performance, and review its performance relative to the financial policies outlined herein. These financial policies will be taken into account during the capital planning, budgeting and rate setting process. In recognition of periodic changes in the cost of providing service to system users, service costs and fees will be reviewed annually and adjusted commensurately, in accordance with Article XIII C and XIII D of the California Constitution. Necessary appropriations for annual debt service requirements will be routinely included in the District's annual budget. For the purposes of this policy, the term bonds will be used to refer to Revenue Bond, Certificates of Participation, Installment Purchases, and Capital Leases. 3. Financial Management Policies The District utilizes a seven -year Capital Improvement Plan (CIP), supported by Water and Sewer Master Plans, to determine long -term infrastructure and other project needs. The CIP is updated at least annually, and the Master Plans are updated every five to ten years or more frequently when necessary. The District evaluates each project in relation to established levels of reserves, current rate structure, expected asset life/ replacement timeline, and available revenue sources to ensure that adequate financial resources are available to support the District's financial obligations. The District's Debt Management Policy, Designated Fund Policy, and the Investment Policy are integrated into the decision - making framework utilized in the budgeting and capital improvement planning process. As such the following policies outline the District's approach to debt management: • Evaluate financing for each capital project on a case -by -case basis. • The District will seek to pay for all capital projects from current revenues and available reserves prior to or in combination with the use of debt. • Debt issuance for a capital project will not be considered unless such issuance has been incorporated into the District's Capital Improvement Plan. User Fees and Water Rates will be set at adequate levels, which are fair and nondiscriminatory, to generate sufficient revenues to pay all Operating and Maintenance costs, to maintain sufficient operating reserves, and to pay debt service costs, if necessary. Capacity / Connection Fees will be maintained at a level sufficient to finance a portion of growth- related capital costs and cover related annual debt service requirements. 4. Debt and Capital Management Policies The following policies formally establish parameters for evaluating, issuing, and managing the District's debt. The policies outlined below are not intended to serve as a list of rules to be applied to the District's debt issuance process, but rather to serve as a set of guidelines to promote sound financial managemeri. In issuing debt, the District objectives will be to • Achieve the lowest cost of capital • Ensure ratepayer equity • Maintain high credit ratings and access to credit enhancement • Preserve financial flexibility 5. Standards for Use of Debt Financing When appropriate, the District will use long -term debt financing to: • achieve an equitable allocation of capital costs/ charges between current and future system users • provide more manageable rates in the near and medium term • minimize rate volatility For growth- related projects. debt financing will be utilized, as needed, to better match the cost of anticipated facility needs with timing of expected new connections to the system and spread the costs evenly over time. The District shall not construct or acquire a facility if it is unable to adequately provide for the subsequent annual operation and maintenance costs of the facility throughout its expected life. Capital projects financed through debt issuance will not be financed for a term longer than the expected useful life of the project. Financing Criteria Each debt issuance should be evaluated on an individual basis within the framework of the District's long -term financial plan, as well as within the context of the District's overall financing objectives and current market conditions. The District will evaluate alternative debt structures (and liming considerations) to ensure the most cost - efficient financing under prevailing market conditions. • Credit Enhancement - The District will consider the use of credit enhancement on a case -by -case basis. Only when clearly den-ionstrable savings can be realized shall credit enhancement be utilized. 3 • Cash - Funded Reserve vs. Surety - The District may purchase a surety policy or replace an existing cash - funded Debt Service Reserve Fund when deemed prudent and advantageous. The District may permit the use of guaranteed investment agreements for the investment of reserve funds pledged to the repayment of any District debt when it is approved by the Board of Directors. • Call Provisions - In general, the District's securities should include optional call provisions. The District will avoid the sale of non - callable, long -term fixed rate bonds, absent careful evaluation of the value of the call option. • Additional Bonds Test /Rate Covenants - The amount and timing of debt will be planned to comply with the additional bonds tests and rate covenants outlined in the appropriate legal and financing documents, and these policies. • Short -Term Debt - The District may utilize short-term borrowing to serve as a bridge for anticipated revenues, construction financing or future bonding capacity. • Investment of Bond Proceeds - Bond proceeds will be invested in accordance with the permitted investment language outlined in the bond documents for each transaction, unless further restricted or limited in the District's Investment Policy. 6. Refinancine Outstanding Debt The District shall have the responsibility to evaluate potential refunding opportunities presented by underwriting and/or financial advisory firms. The District will consider the following issues when analyzing potential refinancing opportunities: • Debt Service Savings - The District shall establish a target savings level equal to 3% of par refunded on a net present value (NPV) basis. This figure should serve only as a guideline, the District must evaluate each refunding opportunity on a case -by -case basis, and must take into consideration: • the time to maturity, • size of the issue, • current interest rate environment, • annual cash flow savings, • the value of the call option. • The decision to take all savings up front or on a deferred basis must be explicitly approved by the Board of Directors. • Restructuring - The District may seek to refinance a bond issue on a non- economic basis, in order to restructure debt, to mitigate irregular debt service payments, accommodate revenue shortfalls, release reserve funds, comply with and /or eliminate rate/bond covenants, or terminate a swap. 9 • Term /Final Maturity - The District may consider the extension of the final maturity of the refunding bonds in order to achieve a necessary outcome, provided that such extension is legal. The term of the bonds should not extend beyond the reasonably expected useful life of th,e asset being financed. The District may also consider shortening the final maturity of the bonds. The remaining useful life of the assets and the concept of inter - generational equity should guide these decisions. • Escrow Structuring - The District shall utilize the least costly securities available in structuring each escrow. A certificate will be required from a third party agent who is not acting as a broker - dealer. stating that the securities were purchased through an arms - length, competitive bid process (in the case of open market securities), that. such securities were more c( -o effective than State and Local Government Series Securities (SLGS), and that the price paid was reasonable and within Federal guidelines. • When evaluating the economic viability of an economic versus legal defeasance, the District shall take into consideration both the financial impact on a net present value basis as well as the rating /credit impact. 7. Method of Issuance The District may issue debt through Private Placement or through sale of bonds / COPS. • Bond Sales —Bonds, and other debt instruments of the District, shall be sold competitively. In a competitive sale, the District's bonds shall be awarded to the bidder providing the lowest true interest cost (' 'P C"), as long as the bid adheres to requirements set forth in the official notice of sale. • Private Placement - From time to time the District may elect to issue debt on a private placement basis. Such method shall be considered if it is demonstrated to result in cost savings or provide other advantages relative to other methods of debt issuance, or if it is determined that :access to the public market is unavailable and timing considerations require that a Fnancing be completed. 8. Market Communication, Debt Administration and Reporting; Requirements Rating Agencies - The CFO shall be responsible for maintaining the District's relationships with Standard & Poor's Ratings Services, Fitch Ratings and/or Moody's Investment Service. In addition to general communication, the CFO shall meet with credit analysts prior to each competitive sale and offer conference calls with agency analysts in connection with the planned sale. Board Communication - The CFO will report to the Board of' Directors any feedback from rating agencies and /or investors regarding the District's financial strengths and weaknesses and recommendations for addressing any weaknesses. 5 Continuing Disclosure - The District shall remain in compliance with Rule 15c2 -12 by filing its annual financial statements and other financial and operating data for the benefit of its bondholders by December 3151 of each year. The CFO will ensure the District's timely filing with each Nationally Recognized Municipal Securities Information Repository. Record- Keeping - A copy of all debt - related records shall be retained at the District's offices. At minimum, these records shall include all official statements, bid documents, bond documents / transcripts, resolutions, trustee statements, leases, and title reports for each District financing (to the extent available). Electronic copies - preferably in pdf or CD -ROM format — shall also be retained. Arbitrage Rebate - The use of bond proceeds and their investments must be monitored to ensure compliance with all Internal Revenue Code Arbitrage Rebate Requirements. The CFO shall ensure that all bond proceeds and investments are tracked in a manner which facilitates accurate calculation; and, if a rebate payment is due, such payment is made in a timely manner. F'inat Format Pending EAST VALLEY WATER DISTRICT DESIGNATED FUNDS POLICY EAST VALLEY WATER DISTRICT DESIGNATED FUNDS POLICY 1. Policy Statement A key element of prudent financial planning is to ensure that sufficient funding is available for current operating, capital, and debt service needs. Additicna.11y, fiscal responsibility requires anticipating the likelihood of, and preparing for, unforeseen events. East Valley Water District (District) will at all times strive to have sufiiciew funding available to meet its operating, capital, and debt service obligations. Designated F unds (Funds) will be accumulated and maintained to allow the District to fund expenditures in a manner consistent with the District's Capital Improvement Plan, and a\,oid significant rate fluctuations due to changes in cash flow requirements. The Board of Directors (Board) may designate specific fund accounts and maintain minimum fund balances consistent with statutory obligations that it has determined to be in the best interest of EV WD. The Policy directives outlined in this document are intended to ensure the District has sufficient funds to meet current and future needs. The Board will annually review the level of Funds. 2. General Provisions EV WD has established and will maintain the following primary funds and their respective sub - accounts: • Restricted Funds - comprised of Debt Proceeds, and Customer and Developer Deposits • Capital Funds — includes the Capital Replacement Fund and the Emergency Fund • Liquidity Funds — includes the Operating Fund and the Rate Stabilization Fund The District will maintain its liquidity and capital funds in designated sub - accounts in a manner that ensures their financial soundness and provides transparency to its ratepayers. The Fund balances are considered the minimum necessary to ma ntain the District's credit worthiness and adequately provide for: • Compliance with applicable statutory requirements • Financing of future capital facilities and repair and replacement of existing assets • Cash flow requirements • Economic uncertainties. local disasters, and other financial hardships or downturns in the local or national economy • Contingencies or unforeseen operating or capital need s In the context of funding future capital facilities and maintaining and replacing existing assets, in each instance, the District will analyze the benefits and tradeoffs of utilizing pay - as you -go and /or debt financing and determine the optimal funding strategy or combination of funding strategies. The analysis should consider the District's current and projected liquidity and capital positions, as well as the impact of inflation and other factors on the operations of EVWD and its capital improvement program. Through a variety of policy documents and plans, including East Valley's Capital Improvement Plan, Water and Sewer System Master Plans, and Strategic Plan (pending), the Board has set forth a number of long -term goals for the District. A fundamental purpose of these documents is to link what must be accomplished with the necessary resources to successfully do so. Among the resources which may be considered are the District's designated funds. A principal tenet of the District's Designated Fund Policy shall be the crediting of interest income to specific designated funds until the respective designated fund's maximum is achieved. Once the maximum balance is reached within a specific designated fund, the surplus interest earnings will be reallocated to other designated funds whose funding level is below the minimum or maximum requirement recommended by this policy. Fund balances will be reviewed on an annual basis at, or near, the end of the fiscal year to ensure compliance with this Policy. In the event the Liquidity Fund balance exceeds the established maximum, excess monies will be transferred annually into the Capital Fund. On an as- needed basis, moneys from the Capital Fund can be moved to pay for operating emergencies to supplement the Liquidity Fund. In addition, in the event that the Capital Fund balance exceeds the established maximum, the Board will make a determination regarding the reallocation of excess monies. The minimum established for each Fund represents the baseline financial condition that is acceptable to EVWD from risk and long -range financial planning perspectives. Maintaining Funds at appropriate levels is a prudent, ongoing business process that consists of an assessment and application of various revenue generating alternatives. These alternatives (either alone or in combination with each other) include, but are not limited to: fees and charges, water usage, capital financing, investment of funds, and levels of capital expenditures. To achieve and maintain a strong credit rating, in every fiscal year the District will strive to maintain unrestricted cash and designated fund balances totaling a minimum of 180 days of budgeted operating expenses. Should the District determine to target a higher credit rating level, this minimum will be adjusted accordingly. However, should East Valley Water District decide to pursue a credit rating upgrade, it will need to analyze carefully under what circumstances and in what timeframes it will be optimal to achieve this goal. The Board shall approve any reallocation of funds or any transfers among Funds 3. East Valley Water District Funds 1. RESTRICTED FUNDS 2 a. Debt Proceeds - Debt proceeds funds are monies derived from the proceeds of a debt issue. Typically they consist of construction fund monies. and a debt service reserve fund (DSRF). The use of these proceeds is restricted h� conditions set forth in the respective legal bond documents. These funds are usuall} held by the Trustee in favor of the bond holders. Target Level - The debt service reserve requirement is established at the time of the bond issue. This amount may be recalculated as the ceb- is paid down. Any excess principal and /or interest earnings can be used to pay service on the debt. Events or Conditions Prompting the Use of the Funds - t; s stipulated in the respective bond documents. Construction fund monies are expected to be spent on applicable projects, while DSRF can only be used in the event of a shortfall in revenues to pay debt service or to pay down principal at maturity. Periodic Review Dates for Balances - Reviewed by the Trustee on a semi - annual basis (i.e., every interest and/or principal payment date). b. Customer and Development Deposits: Monies held on behalf of District customers as required for their utility account or as cash bonds for development projects. Target Level - Customer deposits, and deposit requirements for development projects, are outlined in the District Ordinance establishing; rules and regulations for water service. The balance in this account will fluctuate depending on the number of utility customer deposits required and the number of development projects in process. Therefore, no minimum or maximum levels will be established. Events or Conditions Prompting the Use of the Fund l s) - As deposits on utility accounts are released, they will be refunded to the customer. 'Nhen development projects are complete, the projects will be closed and a final accounring will be completed. Excess deposit monies will be returned to the development customer. Periodic Review Dates for Balances - Reviewed by staff on a regular basis as part of the monthly closing process. II. CAPITAL REPLACEMENT FUNDS EV WD will strive to maintain a minimum balance of $10.0 million in the Capital Funds. The Capital Funds will consist of the following sub - accounts. a. Capital Replacement Fund: Both the water and seller divisions will maintain a replacement fund for the replacement of capitalized assets v. hen they reach the end of their useful lives. The source of replacement funds will be user fte revenue from the respective enterprises. Target Level — The District may set aside replacement funds on a project -by- project basis. The minimum target level should be equal to the $10.0 n-illion required for the Capital Funds less the minimum levels established for the Emergency Fund. The maximum K3 balance in Capital Replacement Funds shall not exceed the projected needs for seven years according to the District's Capital Improvement Plan. Events or Conditions Promptine the Use of the Fund - Staff will recommend assets to be replaced during the Capital Improvement Plan / Capital Budget presentation. As projects are approved, funds will be appropriated from undesignated funds or available revenues. Periodic Review Dates for Balances - Fund balances and projected improvement projects will be reviewed by staff and the Board during the preparation and approval of the annual budget. b. Emergency Fund: The Emergency Fund is used to begin repair of the water and sewer systems after a catastrophic event, such as a severe earthquake or fire, while long -term financing is being arranged or insurance claims are being processed. Target Level- The target for this fund is two (2 %) percent of the total value of plant and equipment. Events or Conditions Prompting the Use of the Fund - The Board may designate use of this fund after establishing that conditions exist as called out in the definition and purpose of the fund. Periodic Review Dates for Balances - Fund balances and target level will be reviewed by staff and the Board during the preparation and approval of the annual budget. III. LIQUIDITY FUNDS Liquidity Funds will be comprised of the following sub - accounts: the Rate Stabilization Fund and the Operating Fund. The balance in the Liquidity Funds will fluctuate depending on the annual operating expenses. The maximum balance in the Liquidity Funds will be equal to 180 days of the annual budgeted operating expenses. a. Rate Stabilization Fund: This fund is established to provide flexibility to the Board when setting rates to allow for absorbing temporary rate fluctuations or for one -time expenditures. Target Level - This fund shall be maintained at a minimum level of 45 days of the annual budgeted operating expenses. The maximum level of this fund shall not exceed 60 days of the annual budgeted operating expenses. Events or Conditions Prompting the Use of the Fund - This fund is intended to be used to defray any temporary unforeseen and extraordinary increases in the cost of water supply. The Board, on a case by case basis, will determine the amount and timing for any use of the fund. Periodic Review Dates for Balances - Fund balances will be reviewed by staff and the Board during the preparation and approval of the annual budget. b. Operating Fund: The Operating Fund is used for unanticipated operating expenses. This fund is designated by the Board to maintain working capite 1 for current operations and to meet routine cash flow needs. Target Level - Funding shall be targeted at a minimum amount equal to 90 days of the District's budgeted total operating expenses, and the rnw.inium amount shall not exceed 120 days of the budgeted total operating expenses. Events or Conditions PronMting the Use of the Fund - Upon Board authorization, this fund may be routinely utilized by staff to cover temporary cash flow deficiencies caused by timing differences between revenue and expenses and extra(-dinary decreases in revenues and unexpected increases ir, expenses. Periodic Review Dates for Balances - Fund balances and target level will be reviewed by staff and the Board during the preparation and approval of the annual budget. 4. Investment Guidelines It has been East Valley Water District's practice to rely primariI) on a pay -as- you -go (pay - go) strategy to fund capital improvements and replacement of existing assets. However, maintaining a balance between debt and pay -go sources may provide an added benefit to EVWD in terms of allowing for a more optimal investment strategy. In the context of these policies and in circumstances where such balance is present, the investment portfolio can be separated into short and long portfolios to maximize investment returns. The balance in the Liquidity Funds should be kept in short-term investments. Moneys in the Capital Funds, however, may be invested for a longer horizon as the finds are needed in the later years. 5. Delegation of Authority The Board has sole authority to amend or revise the Designated Funds Policy. Through approval of this Policy, the Board has established written :procedures for staff to follow in the management of East Valley Water District's Designated Funds. East Valley Water District Board Memorandum No. B -35 -2010 From: Robert Martin, General Manager Subject : East Valley Water District Summary and Recommendations Recommendation : Date: August 10, 2010 That the EVWD Board of Directors adopt a Resolution authorizing the execution of a Joint Exercise of Powers Agreement by and between the California Municipal Finance Authority and the East Valley Water District for the purpose of forming the new joint powers authority to be known as the East Valley Water District Financing Authority. Background: The CMFA has been requested by the East Valley Water District (the "District ") to join it in creating a new Joint Powers Authority to be called the East Valley Water District Financing Authority ( "new JPA "). The new JPA would be a single purpose entity controlled by the District with the sole purpose of issuing bonds for the benefit of the District. The initial and immediate purpose of the JPA is to facilitate the issuance by the new JPA of the District's upcoming water revenue bond issue. Recent changes in the municipal market have resulted in an interest rate premium being charged to certificates of participation. Accordingly, with CMFA's assistance the District desires to form the new JPA in order to issue revenue bonds pursuant to the Marks Roos Local Bond Pooling Act and take advantage of favorable market conditions. The District is a water district organized in 1954 under the provisions of Division 12 of the Water Code of the State of California ( "Authorizing Law "). The District has the powers under the Authorizing Law to, among other things, provide water and wastewater services within its service area. The District is located in San Bernardino County. The District's boundaries encompass portions of the cities of San Bernardino and Highland and unincorporated areas of San Bernardino County. Changes in the municipal markets have significantly widened the cost of borrowing through issuance of a certificate of participation versus revenue bonds. Substantively there is no difference between a revenue - secured COP and a revenue bond; the security for both forms of debt is identical. But because COPs are also used for lease- backed debt of cities, counties and school districts, and these are subject to annual appropriation or other similar risks, there is some widespread market confusion. This confusion has been exacerbated by the demise of the bond insurance companies, which previously shielded investors from such complexity, and by the growing use of taxable BABs (Build America Bonds), which accesses a broader market of investors riot familiar with municipal obligations. Despite the fact that "revenue bonds' and "revenue COPs" are substantially the same, primary and secondary markets have widened the pricing between the two instruments to anywhere from 10 to 50 basis points. The new JPA will be governed by a five member Board which will consist of all members of the District's Board of Directors. The officers of the new JPA will be staff members of the District. CMFA and the District will be the only members and the new JPA will be limited to issuing bonds only fcr the District. The Project: The District is preparing to issue the debt to finance a portion of its capital improvement program and to refund certain outstanding debt for debt service savings. Approximately, $ 22million will be for water system improvements and $ 6 million for refunding outstanding obligations. The underlying security structure of the JPA revenue bonds is the same as it would be for certificates of participation. The obligations will be secured by "installment purchase agreements" common to both certificates of participation and JPA revenue bonds, which contain the same financial covenants common to both certificates of participation and revenue bonds. Liability Issues for CMFA By approving this transaction, CMFA will become a member of the new JPA, but will have no role in the proposed bond transaction. CMFA has no liability of any kind for the obligations of the new JPA. CMFA will have no ongoing responsibilities for the administration or operation of the new JPA or maintenance of the bonds. CMFA counsel fees, as well as a transaction fee, will be paid from proceeds of the bond financing. The firm of Stradling Yocca Carlson & Rauth, A Professional Corporation will serve as bond counsel and disclosure counsel for the transaction and is representing the District in the formation of the new JPA.. TimeLine to Closing: September /October 2010 Public Benefit: The District is currently providing water sand wastewater to significant portions of the cities of Highland and San Bernardino and a portion of unincorporated San Bernardino County. The improvements to be financed with the revenue bonds will assist the District meet the needs of its service area. The refunding component of the project will generate cash flow savings for the District Finance Team: District: East Valley Water District Financial Advisor: Fieldman Rolapp & Associates Bond Counsel: Stradling Yocca Carlson & Rauth Disclosure Counsel: Stradling Yocca Carlson & Rauth Trustee: Union Bank, N.A. EAST VALLEY WATER DISTRICT RESOLUTION NO. 2010.16 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN THE EAST VALLEY WATER DISTRICT AND CALIFORNIA MUNICIPAL FINANCE AUTHORITY WHEREAS, the East Valley Water District (the "District ") s a water district duly organized and existing under and pursuant to the laws of the State of California; and WHEREAS, the District, acting pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title I of the Government Code of the State of California (the "JPA Law "), may enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them and, pursuant to Government Code §6588, to exercise certain additional powers; and WHEREAS, pursuant to the JPA Law, certain public agencies (the "CMFA Members ") have entered into a Joint Exercise of Powers Agreement Relating, to the California Municipal Finance Authority, dated as of January 1, 2004 . (the "CMFA Agreement') in order to form the California Municipal Finance Authority ( "CMFA "), for the purpose of promoting economic, cultural and community development and in order to exercise any powers common to the CMFA Members, including the issuance of bonds, notes or other evidences of indebtedness; and WHEREAS, the District and CMFA desire to create and establish the East Valley Water District Financing Authority (the " Authority") pursuant to the JPA 1_.aw; and WHEREAS, there has been presented to this meeting; a proposed form of Joint Exercise of Powers Agreement, dated as of August 20, 2010 (the " Agreemert`. by and between the District and CMFA, which Agreement creates and establishes the Authority; ano DOCS OC/ 1423288v2/022497 -001 1 WHEREAS, under California law and the Agreement, the Authority will be a public entity separate and apart from the parties to the Agreement, and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the District or any representative of the District serving on the governing body of the Authority; and WHEREAS, as a condition to CMFA's execution of the Agreement, CMFA has requested that the District become a member of CMFA; and WHEREAS, the District has determined that it is in the public interest and for the public benefit that the District become a CMFA Member in order to facilitate the promotion of economic, cultural and community development activities in the area served by the District; and WHEREAS, there has been presented to this meeting a proposed form of the CMFA Agreement. NOW, THEREFORE, the Board of Directors of East Valley Water District does hereby RESOLVE as follows: Section 1. The statements, findings, and determinations set forth above and in the preambles of the documents approved by this resolution are true and correct. Section 2. The forms of Agreement and CMFA Agreement, on file with the Secretary of the Board of Directors of the District, are hereby approved. The President of this Board of Directors of the District, the Vice President of this Board of Directors of the District, the General Manager of the District, District Counsel and the Finance Director of the District (each, an "Authorized Officer ") are each hereby authorized and directed, on behalf of the District, to execute and deliver the Agreement and the CMFA Agreement substantially in the approved form, with such changes as the Authorized Officer executing such document may, with the concurrence of the District Counsel of the District, require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. 2 DOCSOC/1423288v2/022497 -0011 Section 3. Each Authorized Officer is hereby authorized and directed to take all necessary and appropriate actions and execute and deliver any to ensure that the District becomes a member of CMFA. Section 4. The Secretary of the Board shall forward a certified copy of this Resolution and an originally executed copy of each of the CMFA Agreement and the Agreement to CMFA in care of its counsel: Harriet M. Welch, Esq. Squire, Sanders & Dempsey LLP. 555 South Flower St., Suite 3100 Los Angeles, CA 90071 -2300 Section 5. This resolution shall take effect immediately upo -i its passage. PASSED AND ADOPTED this 10`h day of August, 2010. President ATTEST: Secretary 3 DOCS OC/ 1423288Q/022497 -001 I JOINT EXERCISE OF POWERS AGREEMENT by and between EAST VALLEY WATER DISTRICT and CALIFORNIA MUNICIPAL FINANCE AUTHORITY creating the EAST VALLEY WATER DISTRICT FINANCING AUTHORITY dated as of August 20, 2010 DOCSOC/ 1423329v2/022497 -0011 TABLE OF CONTENTS Section 1. Definitions ....... ............................... Section 2. Purpose ............ ............................... Section 3. Term ................. ............................... Section 4. The Authority .. ............................... A. Creation of the Authority.... B. Governing Board ................ C. Meetings of Board .............. D. Officers: Duties: Bonds...... Section 5. Powers ............. ............................... Section 6. Termination of Powers ................... Section 7. Fiscal Year ....... ............................... Section 8. Disposition of Assets ...................... Section 9. Contributions and Advances........... Section 10. Bonds ............... ............................... A. Authority To Issue Bonds... B. Bonds Limited Obligations. Section 11. Agreement Not Exclusive ............... Section 12. Accounts and Reports ..................... A. Audits . ............................... B. Audit Reports ..................... Section 13. Funds .............. ............................... Section 14. Conflict of Interest Code ................ Section 15. Breach ............. ............................... Section 16. Notices ............ .......... .................... Section 17. Withdrawal ..... ............................... Section 18. Effectiveness .. ............................... Section 19. Severability ..... ............................... Section 20. Successors; Assignment ................ Section 21. Amendment of Agreement ............ Section 22. Form of Approvals.. ... ................... Section 23. Waiver of Personal Liability.......... Section 24. Notices ........... ............................... Section 25. Section Headings ......................... Section 26. Miscellaneous ........... ................... i DOCSOC/ 1423329v2/022497 -001 1 Page JOINT EXERCISE OF POWERS AGREEMENT THIS AGREEMENT, dated as of August 20, 2010, by and between the EAST VALLEY WATER DISTRICT (the "Water District "), a water district duly organized and existing under and by virtue of the laws of the State of California, and CALIFORNIA MUNICIPAL FINANCE AUTHORITY ( "CMFA "), a public body, corporate and politic, duly organized and existing under the laws of the State of California. DECLARATION OF PURPOSE A. Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California authorizes the Water District and CMFA to create a joint exercise of powers entity which has the power to exercise any powers common to the Water District and CMFA and to exercise additional powers granted to it under the Act. This Agreement creates such an Authority, which shall be known as the East Valley Water District Financing Authority for the purposes and to exercise the powers described herein. B. The Water District is authorized to buy, sell, lease and use property and to incur indebtedness for public purposes pursuant to applicable law (comprising Division 12 of the Water Code of the State of California at Section 30,000 et seq.) and other laws of the State of California. C. CMFA is authorized to buy, sell and lease property and to issue bonds, expend bond proceeds, and borrow and loan money for any of its corporate purposes pursuant to the Act and a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of.lanuary 1, 2004, by and among the cities, counties, districts and other political subdivisions that are parties to that agreement. D. Article 4 of the Act (known as the "Marks -Roos Local Bond Pooling Act of 1985," Government Code Section 6584 et seq.) authorizes and empowers the Authority to issue bonds and to purchase bonds issued by, or to make loans to, the Water District or CMFA for financing public capital improvements, working capital, liability and other insurance needs, or projects whenever there are significant public benefits, as determined by the Water District or CMFA. The Marks -Roos Local Bond Pooling Act of 1985 further authorizes and empowers the Authority to sell bonds so issued or purchased to public or private purchasers at public or negotiated sale. TERMS OF AGREEMENT Section 1. Definitions. Unless the context otherwise requires, the terms defined in this Section 1 shall for all purposes of this Agreement have the meanings herein specified. Act The term "Act" shall mean Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (6500 et seq.), as amended. Agreement The term "Agreement" shall mean this Joint Exercise of Powers Agreement, as it may be amended from time to time, creating the Authority. DOC SOC/ 1423329v2/022497 -0011 Authority The term "Authority` shall mean the East Valley Water Iii <trict Financing Authority created by this Agreement. Board; Board of Directors The term "Board" or "Board of Directors' shall mean :he ec\ erning board of the Authority. I: 4 40 The term "Bonds' shall mean bonds and any other evidence )I' indebtedness of the Authority authorized and issued pursuant to the Act. Brown Act The tern "Brown Act" shall mean the Government Code provisions beginning at Section 54950 et seq. governing the notice and agenda requirements for meetings of government agencies in the State of California and any later amendments, revisions. or sua: essor enactments. CMFA The term "CMFA" shall mean California Municipal Finance Authority, a joint exercise of powers authority, duly organized and existing under and by virtue of the laws of the State of California. Indenture The term "Indenture" shall mean each indenture, trust agreement or other such instrument pursuant to which Bonds are issued. Member The term "Member" or "Members' shall mean the Water District and /or CMFA, as appropriate. Water District or District The term "Water District" o- "District' shall mean East Valley Water District, a water district duly organized and existing under and by virtue of the laws of the State of California. Section 2. Purpose, This Agreement is made pursuant to the Act for the purpose of assisting the financing and refinancing of capital improvement pro.iects of the Water District and to finance working capital for the Water District by exercising the powers referred to in this Agreement. Section 3. Term. This Agreement shall become effective as of the date hereof and shall continue in full force and effect until terminated by a supplemerval agreement of CMFA and the Water District; provided, however. that in no event shall this Agreement terminate while any Bonds or other obligations of the Authority remain outstanding under - 7e terms of any indenture, trust 2 DOCSOC/ i 423329v2/022497 -001 I agreement, contract, agreement, lease, sublease or other instrument pursuant to which such Bonds are issued or other obligations are incurred. Section 4. The Authority. A. Creation of the Authority. There is hereby created pursuant to the Act an authority and public entity to be known as the "East Valley Water District Financing Authority." As provided in the Act, the Authority shall be a public entity separate from the Water District and CMFA. The debts, liabilities and obligations of the Authority shall not constitute debts, liabilities or obligations of the Water District or CMFA. Within 30 days after the effective date of this Agreement or any amendment hereto, the Authority will cause a notice of this Agreement or amendment to be prepared and filed with the office of the Secretary of State of the State of California in the manner set forth in Sections 6503.5 of the Act. Such notice shall also be filed with the office of the Controller of the State of California. B. Governing Board. The Authority shall be administered by the Board which shall consist of board of directors of the Water District. The term of office as a member of the Board shall terminate when such member of the Board shall cease to hold its respective office at the Water District; and the successor to such officer or director of the Water District shall become a member of the Board, upon assuming such office. Members of the Board shall receive per meeting compensation in an amount as may be set by the Board of Directors of the District from time to time, provided, however, that in no event shall the total number of meetings paid for any Director for the combined attendance at meetings of the District and the Authority exceed 10 meetings per month or a number otherwise authorized by State law for such service to the District. Notwithstanding the authorization for per meeting compensation provided herein, in the event that a meeting of the Authority is held concurrent with or immediately following a noticed regular meeting of the District, no additional compensation for attendance at the Authority meeting shall be provided. The Members of the Board shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a member if the Board; provided, however, that the same shall not exceed the reimbursable amounts set by the District for expenses as the same may be established and /or revised from time to time. All compensation paid pursuant to this Section 4 shall be paid by the District on behalf of the Authority. C. Meetings of Board. (1) Time and Place. The Board shall hold its regular meetings concurrent with and /or immediately following the regular meetings of the District in the manner set by the Authority bylaws and the same shall occur consistent with the schedule set by Resolution of the District for its regular meetings as to time /place and location, provided the first meeting may be concurrent with the regular meeting of the District Board occurring on or after the date of this Agreement. The Board may suspend the holding of regular meetings so long as there is no need for Authority business, and provided that any action taken regarding the sale of bonds shall occur by Resolution placed on a noticed and posted meeting agenda consistent with the requirements for regular meetings under the Brown Act. At all times, each regular meeting of the Authority shall take place pursuant to a 72 hour notice and agenda requirement or as otherwise provided by the Brown Act. The Authority Board may hold special meetings at any time and from time to time in accordance with the Brown Act. 3 DOCSOC/ I423329v2/022497 -001 1 (2) Legal Notice. All regular and special meetings of the Board shall be called, noticed, held and conducted subject to the provisions of the 3-own Act. (3) Minutes. The Secretary of the Authority shall cause minutes of all meetings of the Board to be kept and shall, as soon as practicable ti-ter each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to the 'A'ater District and CMFA. (4) Quorum- A majority of the membe s of the Board shall constitute a quorum for the transaction of business, except that less than a clu:,rurn may adjourn meetings from time to time. D. Officers; Duties; Bonds. (1) The Officers of the Authority shall he the President, Vice President, Secretary, Executive Director and Director of Finance. The officers of the Authority shall be the persons specified in the By -Laws of the Authority adopted by the Board (the 'By- Laws ") and shall have the powers vested in them pursuant to such By -Laws and such other powers as may be granted by the Board from time to time by resolution. Such officers may be directors or officers of the Water District serving ex officio. (2) In accordance with Section 6505.1 of the Act, the Director of Finance of the Authority is designated as the public officer or person Mio has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond if so required by the Board of the Authority in accordance with the Authority By- I -aws. (3) So long as required by Section 6505 and Section 6505.5 of the Act, the Director of Finance of the Authority shall prepare or cause t,) be prepared: (a) a special audit as required pursuant to Section 6505 of the Act no less frequently than once in every two -year period during the term of this Agreement; and (b) a report in writing on the first day of July, October, January and April of each year to the Board, the District and CN4FA which report shall describe the amount of money held by the Director of Finance of the Authority for the Board, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee of other fiduciary in connection N\ ith any Bonds to the extent that such trustee or other fiduciary provides regular reports covering such amounts). (4) The services of the Officers shall be without compensation by the Authority unless said Officers are otherwise compensated it accordance with Section 4.13. hereinabove or as employees of the Water District. The Water District will provide such other administrative services as required by the Authority, and shall not receive economic remuneration from the Authority for the provision of such services. (5) The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. (6) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's compensation and other benefits which apply to the activities of officers, agents or employees of the! Members when performing their respective functions within the territorial limits of their respective Member, shall apply to them to the 4 DOCSOC/ 1423329v2/022497 -001 1 same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Agreement. (7) None of the officers, agents or employees, if any, directly employed by the Authority shall be deemed, by reason of their employment by the Authority, to be employed by any Member or, by reason of their employment by the Authority, to be subject to any of the requirements of any Member. (8) The Members hereby confirm their intent and agree that, as provided in Section 4(A) hereof and in the Act, the debts, liabilities and obligations of the Authority shall not constitute debts, liabilities or obligations of the Water District or CMFA, and they do not intend by the following sentence to impair this provision. With the exception only of the willful misconduct of CMFA, it's officers, agents or employees, arising from the exercise of its or their discretion in the entering into or performance of the obligations under this Agreement, to the extent that liability is imposed or a claim is made on CMFA, for any reason whatsoever notwithstanding Section 4(A) hereof and the Act, directly or indirectly arising out of a transaction or series of transactions undertaken by or for the benefit of the Water District in connection with the activities of the Authority, the Water District shall indemnify, defend and hold harmless CMFA and each of CMFA's officers, directors, employees and agents from and against any and all costs, expenses, losses, claims, damages and liabilities arising out of or in connection with the activities of the Authority. CMFA may elect to defend itself in any such action with counsel of its choice, the reasonable fees of such counsel to be paid by the Water District. The Authority and the Water District shall be jointly and severally liable for any indemnity obligation owed to CMFA. Notwithstanding the provisions of Section 895.6 of the Government Code of the State, the Water District shall not have any right to contribution from CMFA. (9) In any event, the Authority or the Water District shall cause all records regarding the Authority's formation, existence, operations, any Bonds issued by the Authority, obligations incurred by it and proceedings pertaining to its termination to be retained for at least six (6) years following termination of the Authority or final payment of any Bonds issued by the Authority, whichever is later. Section 5. Powers. The Authority shall have any and all powers which are common powers of the Water District and CMFA, and the powers separately conferred by law upon the Authority. All such powers, whether common to the Parties or separately conferred by law upon the Authority, are specified as powers of the Authority except any such powers which are specifically prohibited to the Authority by applicable law. The Authority's exercise of its powers is subject to the restrictions upon the manner of exercising the powers of the Water District. The Authority is hereby authorized, in its own name, to do all acts necessary or convenient for the exercise of its powers, including, but not limited to, any or all of the following: to sue and be sued; to make and enter into contracts; to employ agents, consultants, attorneys, accountants, and employees; to acquire, hold or dispose of property, whether real or personal, tangible or intangible, wherever located; to issue Bonds or otherwise incur debts, liabilities or obligations to the extent authorized by the Act or any other applicable provision of law and to pledge any property or revenues or the rights thereto as security for such Bonds and other indebtedness. 5 DOCS OC/ 1423329v2/022497 -001 1 Notwithstanding the foregoing, the Authority shall ha\e am additional powers conferred under the Act or under applicable law, insofar as such adeit anal powers may be necessary to accomplish the purposes set forth in Section 2 hereof. Section 6. Termination of Powers. The Authority shall continue to exercise the powers herein conferred upon it until the termination of this Agreement m <rcordance with Section 3 hereof. Section 7. Fiscal Year. Unless and until changed bN resolution of the Board, the fiscal year of the Authority shall be the period from July 1 of each ye;r to and including the following June 30, except for the first fiscal year which shall be the period fiom the date of this Agreement to June 30, 2010. Section 8. Disposition of Assets. Upon termination of this Agreement pursuant to Section 3 hereof, any surplus money in possession of the Authority or on deposit in any fund or account of the Authority shall be returned in proportion to any contributions made as required by Section 6512 of the Act. The Board is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority. .'after rescission or termination of this Agreement pursuant to Section 3 hereof, all property of the Authority, both real and personal, shall be distributed to the Water District, subject to Section 9 her.-o!. Section 9. Contributions and Advances. Contributions or advances of public funds and of personnel, equipment or properly may be made to the Authority by the Water District and CMFA for any of the purposes of this Agreement. Payment of public fiords may be made to defray the cost of any such contribution. Any such advance made in respect of a rep enue- producing facility shall be made subject to repayment, and shall be repaid, in the manner agreed upon by the Water District or CMFA, as the case may be, and the Authority at the time of making such advance as provided by 6512.1 of the Act. It is mutually understood and agreed that neither the Water District nor CMFA has any obligation to make advances or contributions to the Authori'y to provide for the costs and expenses of administration of the Authority, even though either may do so. The Water District or CMFA may allow the use of personnel, equipment or propene at lieu of other contributions or advances to the Authority. Section 10. Bonds. A. Authority To Issue Bonds. When authorized by the Act or other applicable provisions of law and by resolution of the Board, the Authority may issue Bonds for the purpose of raising funds for the exercise of any of its powers or to otherw!se carry out its purposes under this Agreement. Said Bonds shall have such terms and conditions as ar: authorized by the Board. B. Bonds Limited Obligations. The Bonds. including the principal and any purchase price thereof, and the interest and premium, if any, therm:,, shall be special obligations of the Authority payable solely from, and secured solely by, the revenues, funds and other assets pledged therefor under the applicable Indenture(s) and shall not constitute a charge against the general credit of the Authority. The Bonds shall not be secured by a legal or equitable pledge of, or lien or charge upon or security interest in, any property of the .'� uthority or any of its income or receipts except the property, income and receipts pledged therefor under the applicable Indenture(s). The Bonds shall not constitute a debt, liability or obligation of the State or any public Authority thereof, including CMFA and the Water District, other than the spe,,ral obligation of the Authority as described above. Neither the faith and credit nor the taxing poser o` the State of California or any 6 DOCSOC/ 1423329v2/022497 -001 I public: Authority thereof, including CMFA and the Water District, shall be pledged to the payment of the principal or purchase price of, or the premium, if any, or interest on the Bonds nor shall the State of California or any public Authority or instrumentality thereof, including CMFA and the Water District, in any manner be obligated to make any appropriation for such payment. The Authority shall have no taxing power. No covenant or agreement contained in any Bond or Indenture shall be deemed to be a covenant or agreement of any director, officer, agent or employee of the Authority, in his or her individual capacity and no director or officer of the Authority executing a Bond shall be liable personally on such Bond or be subject to any personal liability or accountability by reason of the issuance of such Bond. Section 11. Agreement Not Exclusive. This Agreement shall not be exclusive and shall not be deemed to amend or alter the terms of other agreements between the Water District and CMFA, except as the terms of this Agreement shall conflict therewith, in which case the terms of this Agreement shall prevail. Section 12. Accounts and Reports. All funds of the Authority shall be strictly accounted for in books of account and financial records maintained by the Authority, including a report of all receipts and disbursements. The Authority shall establish and maintain such funds and accounts as may be required by generally accepted accounting principles and by each Indenture for outstanding Bonds (to the extent such duties are not assigned to a trustee for owners of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by the Water District and CMFA and their representatives. The Authority shall require that each Indenture provide that the trustee appointed thereunder shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of such Indenture. Said trustee may be given such duties in said Indenture as may be desirable to carry out the requirements of this Section. A. Audits. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority in compliance with the requirements of the Act. Any costs of the audit, including contracts with, or employment of, certified public; accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. B. Audit Reports. The Treasurer of the Authority, as soon as practicable after the close of each Fiscal Year but in any event within the time necessary to comply with the requirements of the Act shall file a report of the audit performed pursuant to Subsection B of this Section 12 as required by the Act and shall send a copy of such report to public entities and persons in accordance with the requirements of the Act. Section 13. Funds. Subject to the provisions of each Indenture for outstanding Bonds providing for a trustee to receive, have custody of and disburse funds which constitute Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to accounting procedures approved by the Board and shall make the disbursements required by this Agreement or otherwise necessary to carry out the provisions and purposes of this Agreement. DOC SOC/ 1 423329x2/022497 -001 I Section 14. Conflict of Interest Code. The Authority shall. by resolution, adopt a Conflict of Interest Code to the extent required by law. Such Conflict of int_ est Code may be the conflict of interest code of the Water District. Section 15. Breach. If default shall be made by the "� ater District or CMFA in any covenant contained in this Agreement, such default shall not excuse either the Water District or CMFA from fulfilling its obligations under this Agreement and the Water District and CMFA shall continue to be liable for the payment of contributions and the per.'ormance of all conditions herein contained. The Water District and CMFA hereby declare that this Agreement is entered into for the benefit of the Authority created hereby and the Water District and CMFA hereby grant to the Authority the right to enforce by whatever lawful means the Auth - :pity deems appropriate all of the obligations of each of the parties hereunder. Each and all cf the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative and the exercise of one right or remedy shall not impair the right of the Authority to any or all other remedies. Section 16. Notices. Notices and other communication> hereunder to the parties shall be sufficient if delivered to the clerk or secretary of the governing body of each parry. Section 17. Withdrawal Neither CMFA nor the Water District may withdraw from this Agreement prior to the end of the term of this Agreement determ ncd in accordance with Section 3. Section 18. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of CMFA and the abater District when each party has executed a counterpart of this Agreement. Section 19. Severability Should any part, term, or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the Stale of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remain n_t parts, terms or provisions hereof shall not be affected thereby. Section 20. Successors; Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. Except to the extent expressly provided herein, neither party may assign any right or obligation hereunder without the consent of the other. Section 21. Amendment of Agreement. This Agreement may be amended by supplemental agreement executed by the Members at amv time: provided, however, that this Agreement may be terminated only in accordance with Section ? hereof and, provided further, that such supplemental agreement shall be subject to any restrictions contained in any Bonds or documents related to any Bonds to which the Authority is a party. Section 22. Form of Approvals. Whenever an approval is required in this Agreement, unless the context specifies other,x ise, it shall be given, in the case of CMFA, by resolution duly adopted by the board of directors of CMFA, and, in the case of the Water District, by resolution duly adopted by the Board of Directors of the Water District, and. in the case of the Authority, by resolution duly adopted by the Board. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. Section 23. Waiver of Personal Liability. No member. officer or employee of the Authority, the Water District or CMFA shall be individually or personally liable for any claims, I DOCSOC/ 1 423329x2/022497 -001 I losses, damages, costs, injury and liability of any kind, nature or description arising from the actions of the Authority or the actions undertaken pursuant to this Agreement, and the Water District shall defend such members, officers or employees against any such claims, losses, damages, costs, injury and liability. Without limiting the generality of the foregoing, no member, officer or employee of the Authority or of any Member shall be personally liable on any Bonds or be subject to any personal liability or accountability by reason of the issuance of Bonds pursuant to the Act and this Agreement. To the full extent permitted by law, the Board shall provide for indemnification by the Authority of any person who is or was a member of the Board, or an officer, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a member of the Board, or an officer, employee or other agent of the Authority, against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in the course and scope of his or her office, employment or Authority. In the case of a criminal proceeding, the Board may provide for indemnification and defense of a member of the Board, or an officer, employee or other agent of the Authority to the extent permitted by law. Section 24. Notices. Notices to the Water District hereunder shall be sufficient if delivered to the Director of Finance of the Water District, and notices to CMFA hereunder shall be sufficient if delivered to the financial advisor of CMFA. Section 25. Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. Section 26. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Where reference is made to duties to be performed for the Authority by a public official or employee, such duties may be performed by that person's duly authorized deputy or assistant. Where reference is made to actions to be taken by CMFA or the Water District, such action may be exercised through the officers, staff or employees of CMFA or the Water District, as the case may be, in the manner provided by law. The section and subsection headings herein are for convenience only and are not to be construed as modifying or governing the language in the section or subsection referred to. This Agreement is made in the State of California, under the Constitution and laws of the state and is to be construed as a contract made and to be performed in the State of California. This Agreement is the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof, which supersedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between the parties relating to the subject matter of this Agreement.. 9 DOCSOC/ 1423329v2/022497 -001 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, as of tnc day and year first above written. Attest: Secretary of the Board of Directors EAST VALLEY WATER DISTRICT 0 President r f the Board of Directors CALIFORNIA Ml JNICIPAL FINANCE AUTHORITY M Member of the Board of Directors 10 DOCSOC/ 1423 329x2/022497 -001 1 i 40 hodgdon "group v .hodgdongroup.com 1461 East Cooley Drive, Suite 230 Colton, California 92324 T 909.783.3020 F: 909.783.3026 To: Bob Martin, General Manager Board of Directors From: Aaron W. Hodgdon David C. Miank, PhD Date: July 30, 2010 Re: Recommendation to Proceed with office Remodel Dalke Construction, General Contractor On behalf of East Valley Water District, our firm as Project Manager, has proceed with the design and preparation of construction documents to bid, permit and build the remodel of 4,480 sf in Suite 30, and 400 sf in Suite 18. The project is within the existing EVWD office complex and will be used for administrative offices and relocation of the Board Room. GAA Architects has prepared the architectural and structural plans in coordination with our firm and EVWD. The demolition plan, along with the architectural and structural plans is permit ready for both suites. We expect to be permitted ready with the mechanical, electrical, plumbing and fire plans by September 1, 2010. A Request for Proposal was issued to three general contractors for the tenant improvement work in Suite 30 under a Guaranteed Maximum Price scenario. The contractor is responsible for the design build elements of Mechanical, Electrical, Plumbing, Fire Sprinkler and Fire Alarm. After competitive bidding the firm of Dalke Construction was selected with as the low bidder at $226,970 for Suite 30, the high bid was $309,144.00. Negotiations then commenced to incorporate plan changes and schedule adjustments post issuance of the RFP; the final contract price was reduced to $216,156.00 for Suite 30 and the addition of $17,222.00 for Suite 18; the total cost is $233,378.00. A contract was executed with Dalke Construction to commence with the design only and to hold their construction price until September 1, 2010 subject to approval by the Board. Upon issuance of all permits with final modifications being incorporated, the contract price shall be fixed and construction will commence. Subject to all permits being issued by September 1, 2010, the project will be completed by October 29, 2010 with occupancy immediately thereafter. A project schedule, floor plan and other documents are incorporated herewith for your review. We would like to clarify that the schedule is predicated on a two step process. Following completion of Suite 30, and once the furniture has been relocated, work shall commence on the new conference room in Suite 18 that will be completed by NoN ember 24, 2010. It is the recommendation of our firm that the board precede 'A Th authorizing the construction contract for Dalke Construction. H11 Hodgdon Group 1461 East Cooley Drive, Sure 230 Colton, California 92324 'f: 9JP 783.3020 F: 909.783.3026 www.hodgdongroup.com !,!■!! „ sw |,#... `= : \ \ / \ :�1. / / : \ / ■ \ / :� ;s ■ ■ ■ ■ ■sm ■ ■; {»\ !h!!!!!!�!I « !|f ■ ■!! ■ ■! ■!■■!!! |!!!!!|!9 .| � |1.���!• !,!; !,! § ;!!•!«!. =- ,rl ;lm��! l��,= � -` - - - - - - -\\ ^ /- \-` /- /`- \ ;s ■ ■ ■s ■, -- } kI,. ■■ a ■ ■, ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■, ■ ■ ■,s ■ ■ ■ ■s, ■ ■s � ( �----- �...��- .-- .-- .���---- .- . - - - -- a :■■■■■, ,,! ■., ■! ; ■s� ■ ■ ■!!s ; ■ ■ ■ ■ ; ■ ■ss « ■$ -!: ! -! .. ! , - / $ .,/ . . . . ./ ./ MA ■. \ \`. �aaa� \. § � -- | {/ _ & i 7 ..Z------------ -------- - - - - -- - �� { - ! ! \ /�! ;! § 2 , =2 ! \�) \ \ / \� §� | }\}\ | ƒ§|!} / /)�, /) /�!! /�( / Z Vi M O N NO O ON N Ovi !� m N In � m lA 1n YJ F X Z w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y o 0 0 0 0 0 0 0 0 0 0 0 0 0 N O O O A N O N N to N O r r LL. O N Q N Of N R m YJ O O O O O O O O O V O O M O O O O n O n W LLI U' m O N N O> t0 N O O 0 Z N M o0 N M Q h W m m rn K LLI N N F X V! LLi O O O O O O O O O O O O O O 0 O O O O o o O O O O O O O O U V., O N N N N O r O n r N n O h W !IJ M - O - O a0 O O cr w - - - N N O LL N Ui 0 00 N tD m m 0 co (D QW r o L6 v v � X � w O o 0 0 0 0 0 0 0 0 0 0 0 0 0 W N O N N w N N N N N O h O N N M N n N N N r N N r N n O N N U W .- Cf Cf NO OU W N n N C O 0 M w W w N N W 1- ❑ O N N N m O m N N m O r O H l7 M 3 o W rp N N h N N O J d J N W Q O R1 Er O O O O O O O O O O O O O O O O O O O O O O O O O F. F U to O N O N N r O N 0 r O h O O O w O O N r N r N W ^ - - O— - - - - N N w W (r W LL - -- W m O tND O O O o N M n r W � N m M O V M (V O fV fV N Z W W N N N N J x W K O O O O O O O O O O O O O O O F O O O O O O O O O O O O O O (j N O O O O O N In N O O O O N N W w h ° O to N O N N 1� N N N h r n w - - ° O W Z o °o ❑ W M o 0 O W O K X w O o O O O w N N r O O O W N r n r LL } N D -+ w w D Q W O Z ❑ W d M w Q ? � -a Ow Ox F W �- w W d U) W W J H Q (n W N Z o W 0-0 N w ' 0 O O O N U of W Q W W p } LL J OU D CO W LL Q O D7 F-ILL U O )o o I� Z v .v O O ID H Q U ui c+i rn w W 0 M J OD Q N W Z z O 0 J W U m C7 Z M (M Y v J Q �a WW Q Q LL LL U Q W M 99 O ZLO LO (D W cli M w W LL U) Z W O LL Q W LL O W Q Z O o m 0 0 0 of u� r (n Cl) O O M (n N V' iN (O V OD 0 to V M ((1 N W C 1l- M r D rn T cn .n O O O 0 0 0 a o V in O O 0 0 0 0 0 00000 0 0 0 0 0 � O � 0 0 0 0 0 0 0 ^ (V N N N N� N N O N N 0 0 0 10 0 t0 O m M '� N N N O N O N N N\ N 0.`7 co M (` M N I I� W O N N co c 0 0 m a 0 @ o (U CO U m U � E U (0i x U `E' n' E 0 0 .� . o d U aci a 0 0 a 0 K c_ m_ Q.00 0.� QU o 0 �,3.v0 -im m.N(� 3 c E cc a N Ln (n c W (0 L 0) L (0 m U W (O N N c y c E .0 iE cm j 0I (0 d (n CO O (D Oi N O j U z O J M Cn(nLL x QQ (n IL Q2UJQJ I�.J N O M (` M V Cl) (7 O oi, O )o o I� v .v O ID 0 o ui c+i rn D rn T cn .n O O O 0 0 0 a o V in O O 0 0 0 0 0 00000 0 0 0 0 0 � O � 0 0 0 0 0 0 0 ^ (V N N N N� N N O N N 0 0 0 10 0 t0 O m M '� N N N O N O N N N\ N 0.`7 co M (` M N I I� W O N N co c 0 0 m a 0 @ o (U CO U m U � E U (0i x U `E' n' E 0 0 .� . o d U aci a 0 0 a 0 K c_ m_ Q.00 0.� QU o 0 �,3.v0 -im m.N(� 3 c E cc a N Ln (n c W (0 L 0) L (0 m U W (O N N c y c E .0 iE cm j 0I (0 d (n CO O (D Oi N O j U z O J M Cn(nLL x QQ (n IL Q2UJQJ I�.J N O M (` M V Cl) (7 O oi, £ , m [ � § , ( � � It ) ) § \ Of §) §[ of (_ 0: < k§ ul )§ ° , /( § §) {< §� ; - 0 @R §( ka \`\_ \, 2 })\ { )S\ k _ ® <#% 9 ®!rm# k \ \f 00 L) //) {0 :e /§ \f: «�- �oli> E,! <m U) «k)) -- :fl2 «:«�a� °mlg ) / ƒ #! <inU)U0S5»&<<0C) <w W O LL W 9 a ❑ Z 0000 �� N N N N N N N N N N N I-M M r MO0 r p (0 N (` I N N �- I� r M N M M M� Lo M 0 M irk O O O O 0 N N y m N nd v E U E � aE U E � � � � 6 = (D c U0 O a) > > E w T O J O 1] � C `d � � C (Q (� d a d � m Q l� N N W co d N C LU V E N N L N a N a V V1 (n �o. Imo 3 dm �2C7 °JV72() �Q -iQ�d� 0 O O O N W 0 ri LO m u7 N O N J O 0 7 W V O ( (o o in O CG N m m U LO N N W r U) N m O V N J O (o O W co o O Q CD N C� O O 2 W W ( O 2 C7 z O W Y in IT J Q �a WW oD w r LA) N Ir �_ m LO Z U d 0 N W W U O rn o � o o o O ° u F N W W 2 W Z (n O Q O w OU W o 000 2 mmmmcno00 p(00o <w W O LL W 9 a ❑ Z 0000 �� N N N N N N N N N N N I-M M r MO0 r p (0 N (` I N N �- I� r M N M M M� Lo M 0 M irk O O O O 0 N N y m N nd v E U E � aE U E � � � � 6 = (D c U0 O a) > > E w T O J O 1] � C `d � � C (Q (� d a d � m Q l� N N W co d N C LU V E N N L N a N a V V1 (n �o. Imo 3 dm �2C7 °JV72() �Q -iQ�d� 0 O O O N W 0 ri LO m u7 N O N J O C �L6 U) J V O a M f- W 2 Z Q O O O Q Z w 0 M m O n N U 0 0 N Q 7 H J CO a W(D �� C) Y UZ O V R W Y � J a WW v O w N on W LL tai U J w a W a0 N W Y ° °° CD °°C)°° CY) O O o C) O O Ci O O Q O Z LLI u) L ci M u0'7 V r V Cl) Co O ~ N Of W LO O W W WW LL LL o} O LL Q U OU O � Ix Q LL U ° O 0 Q Z 0 0 0 0 0 0 0 0 0 (V 0 0 0 0 0 0 0 0 N N N 0 O 0 0 W 0 0 0 0 O N p� N N N N C N N N N N N N N M O N Ip N N O N V N LL O N N 00 U0 O `- `- m V U') (D O (o C m C O C_ O 3c F-E =o °N E a 0) t oo L ° o E Z L Fo c v � E vLL E � E E � o U W n o o Z U U w U m U N O T N > WO'o nWUW U mOExc f6 U C O d yU d w c NBC N O1 N p1 m N N LU d LL -- iii -UUa LU aJ(n � O CJ O U _U U) O 00 I J 00 V' O 00 N �� W t 2 v 0 n r: Z (D O (0 00 M O O O N V (t) N O J _Z (� N O) > LO m V N V N m c_ > Op C� W J (7 O LL O O z Z W C7 < W Y O Ci J Q d KOf°o°oa o d' C. `c I n W lanai co N V (n of Q� I N in 6, W U a a o x L1J O m0 O M O O O� Zvi 00 Ci Sri o o a. W w (o m to u� (n (o c. Of cr W w � U a W W LL LL } Z O of a LL U O (p o U- lY 0 0 00 O O CD C) C) a O Z mM N N I� 00 00 O (V m W f- N M N N N H LU rL N N C:) 6 co (O O O � m N O LL r r t` c O 0 N (D � N PC M l ` d E E U. HI 2 U U M LL co Z N ° a a o m 3 -c a U O <' 7 a. JS1000Q Q 'O Cc/ H EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Matt Le Vesque Board Meetings July 13 14 15 27 Conferences and Other Meetings DATE ORGANIZATION 8-Jul _ San Manuel Tribe 16 -Jul Highland Senior Center 19 -Jul ASBCSD 20 -Jul CaICAD Jul CPS 23 Jul EVWD Travel Expenses: (Details on Back) Director's Signature Date of Board Approval Administrative Manager Miscellaneous Notes MONTH July , 2010 PURPOSE Real Awards Banquet High Desert Water District Sanitary Sewer Overflows Total Compensation Elements Budget review w/ J. Morales Bob, Brian TOTAL tt OF MEETINGS 10 @ $175.00 each $ 1750.00 $ 54.00 Total Director's Meetings & Expenses $ 1804.00 Less Any Advance Payments $ TOTAL DUE DIRECTOR $ 180400 TRAVEL EXPENSES Lodgings: (Detailed receipts attached' DATE FUNCTION ATTENDED Personal Auto: (Detailed receipts attached' DATE FUNCTION ATTE AMOUNT $ TOTAL LODGING $ PARKING MILES FEES y TOTAL FEES $ CURRENT RATE $0.50 TOT'�L MILES $ Meals: (Detailed receipts attached'), DATE FUNCTION ATTENDED AMOUNT $ $ $ TOTAL MEALS $ Other: (Detailed receipts attached'r DATE FUNCTION ATTENDED AMOUNT 7 -1-09 to 6 -30 10 Wireless Priority Service fcr GETS $4.50 /MO _ $ 54 TOTAL OTHER $ 54 00 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Larry Malmberg MONTH July 2010 Board Meetings 7- 13 -10, 7- 14 -10, 7- 15 -10, 7 -27 -10 Conferences and Other Meetings DATE ORGANIZATION PURPOSE 14 -Jul SBACC Chamber meeting in San Bernardino 28 -Jul SBACC Chamber meeting in San Bernardino 28 JarrJu EVWD Plant 14 bidding. TOTAL a OF MEETINGS 5 @ $175 00 each $ 875.00 Travel Expenses: (Details on Back) $ Total Director's Meetings & Expenses $ 875.00 Director's Signature Date of Board Approval Administrative Manager Miscellaneous Notes Less Any Advance Payments $ TOTAL DUE DIRECTOR $ 875.00 EA.S, VALLEY WATER DISTR CT DIRECTCR'S FEES AND EXPENSE REPORT DIRECTOR: _Mo Board Meetings: _13, 27 Conferences and Other Meetings MONTH July 2010 DATE ORGANIZATION PURPOSE 07 -14 _EVWD _Budget Specia 07 -15 _EVWD _Rate Hearing 07 -23 _EVWD _Budget (Martin — LeVesq Travel Expenses: (Details on Director's Signature TOTAL_ # OF MEETINGS-5__.__@ $175.00 each $875.00 Total Director's Expenses $ Total Director's Meetings & Expenses $875.00 Less any Advance Payments Date of Board Approval TOTAL DUE DIRECTOR $ TRAVEL EXPENSES Lodgings: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT $ TOTAL LODGING Personal Auto: (Detailed receipts attached *) DATE_ FUNCTION ATTENDED MILES $ PARKING FEES TOTAL FEES $ TOTAL MILES x $.50 per mile $ Meals: (Detailed receipts attached*) DATE FUNCTION ATTENDED AMOUNT TOTAL MEALS $ Other: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT $ TOTAL OTHER $ * ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $ (Enter this total on the front of form) EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Sturgeon MONTH Ju Board Meetings 13 - 14 - 15 - 27 Conferences and Other Meetings DATE ORGANIZATION _ 13 City of Highland 16 Highland Sr. Cente_ 19 SBB Spec. Dist. 22 SBVMWD Council Meeting Volunteer Luncheon Monthly Meeting _ State Water Pro,e:ct Presentation 2010 TOTAL # OF MEETINGS 5 @ $175.00 each $ 875.00 Travel Expenses: (Details on Back) Replacement Pen `cir Board Chair $ 42 .90 Total Cirector's Meetings & Expenses $ 917 .90 Director's Signature Date of Board Approval 08/10/10 Administrative Manager Miscellaneous Notes Less Any Advance Payments $ TOTAL DUE DIRECTORS 917.90 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT )IRECTOR loard Meetings 7/13;7/27 :onferences and Other Meetings DATE ORGANIZATION -Jul SBVMWD 4 -Jul EVWD 5 -Jul EVWD /17 -7/21 EVWD MONTH PURPOSE Board Meeting Special Meeting, Budget 218 Rate Hearing SAS Meetings Wash, D.C. 2010 TOTAL # OF MEETINGS 10@ $175.00 each $ 1750.00 Travel Expenses: (Details on Back) $ 737.59 Director's Signature ate of �"- oard Approval dministrative lanager liscellaneous otes Total Director's Meetings & Expenses $ 2487.59 Less Any Advance Payments $ TOTAL DUE DIRECTOR $ 2487.59 TRAVEL EXPENSES Lodgings: (Detailed receipts attached *) DATE FUNCTION ATTENDED Personal Auto: (Detailed receipts attached *) DATE FUNCTION ATTENDED CURRENT RATE: $0.50 Meals: (Detailed receipts attached *) DATE FUNCTION ATTENDED Other: (Detailed receipts attached *) DATE * ORIGINAL RECEIPTS REQUIRED FUNCTION ATTENDED TOTAL MILES AMOUNT $ TOTAL LODGING $ 737.59 PARKING MILES FEES TOTALFEES $ R $ $ $ TOTAL MEALS $ F-1 17, tm.r� AMOUNT TOTAL OTHER $ TRAVEL EXPENSES $ 737.59 1 x. Presented by ) The significance of the Sacramento River to your water supply ).-Flood management and levee safety Implementation of the CVP Improvement Act ) State Water Project and Central Valley Project operations ) Restoration of endangered Chinook salmon ) Groundwater, conjunctive use and area -of -origin water rights ).Environmental restoration projects ) Agriculture /wildlife conservancies and wildlife refuges ) Impacts of mining on water quality ) -Farming in the Sacramento Valley ) Possible surface water storage sites This fast paced tour begins at Sacramento International Airport at 7:30 a.m. Wednesday, September 22, travels the length of the Sacramento Valley, and will end at approximately 6 p.m. Friday, September 24 at Sacramento International Airport. Registration: $650 per person, single occupancy room: $550 each for two people sharing a room. Register four or more people for a discount - single occupancy rooms $600. Fee includes all meals, transportation and hotel accommodations, Chico Holiday Inn (Wednesday) and the Holiday Inn in Redding (Thursday), while on the tour. Participants are responsible for their own transportation to and from Sacramento International Airport. To register, return form to the Foundation with payment, faxed reservations accepted with credit card or purchase order. Or, register securely on -line at www.watereducation.org /tours. All reservations are on a first -come, first -served basis. Deadline to cancel and receive a full refund is 5 p.m. Sept. 8 due to hotel, meal and transportation bookings. Refund request must be in writing. Substitutions may be made at any time. This activity has been approved for Minimum Continuing Legal Education (MCLE) credit by the State Bar of California. The tour also offers California Department of Health Services Continuing Education units for a water plant or wastewater plant operator's license. There is an additional $50 fee to register for these credits. Contact the Foundation for more details. Additional information and an itinerary will be mailed approximately one month before the tour. Please notify the Foundation prior to the tour if you have a medical condition or other special need. 2'1MIV Nai Job r Ci ty— State Zip I" Phone ( )_ Email Driver's License /I.D. Card No. State Exp. Date Date of Birth_ (necessary for security clearance at some facilities) Enclosed is my fee: ❑ $650 each, single occupancy room; ❑ $600 each, if 4 or more are registering WAim EDUCAmoN FOUNDATION ❑ $550 each for two people sharing a room 717 K Street, Suite 317 ❑ $50 additional for credits Total enclosed $ Sacramento, CA 95814 For payment by: J Visa ❑ MasterCard ❑ American Express P.O. No. (916) 444 - (916)448 -7699 7699 fax Credit Card No._ Exp. date. www.watereducation.org www.aquafornia.com Signature (must be signed to process credit card order) 5 p.m. September 8 is the last day to cancel and receive a full refund. Refund request must be in writing. Substitutions may be made at any time. n TGl.1 /.1^ The Sacramento River and its tributaries supply 35 percent of California's water. The Statc Water Project and the federal Central Valley Project both begin in the Sacramento Valley north of Sacramento. The region's heritage includes decades ; coot 1, land reclamation and farming, and today, is the focal point for maw incluiiing a major effort to restore populations of endangered Chinook Saltt� t This tour travels the length of the Sacramento Valley, and includes a houseboat cruise�n The tour is a must for water policy- makers, water board managers and diree IaWyers, 06R - journalists and anyone interested in California water issues. The tour is cos)sn>ctaoxe+&4 Ei -w ^ Department of Water Resources; the U.S. Bureau of Reclamation, Mid - Pacific Region, &owl GEI Consultants; George Miller and Janet McKinley; MWH; and PBS &J. Tentative stops: Flood control projects Rice fields, orchards and other farm fields > CALFED envu Feather River Fish Hatchery and Oroville Dam : Red Bluff Diversion Dam ` Shasta Dam .. hun dean plant Glenn-ColusaID pump station ar4 fish screens, j1he site`of the proposed Site9,