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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 12/14/2010t"DEast Val ley Water District 3654 HIGHLAND AVE., SUITE #12, HIGHLAND, CA BOARD MEETING December 14, 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 3. Adjourn to East Valley Public Facilities Corporation Meeting 4. Reconvene to East Valley Water District's regular Board Meeting 5. Adjourn to East Valley Water District's Financing Authority Meeting 6. Reconvene to East Valley Water District's regular Board Meeting CONSENT CALENDAR 7. Approval of Board meeting minutes for November 9, 2010 8. Approval of Board meeting minutes for November 23, 2010 9. General Manager's fees and expenses 10. Accounts Payable Disbursements: Accounts Payable Checks # 226707 through # 226859 which were distributed during the period of November 17, 2010 through December 6, 2010, in the amount of $1,079,967.91. Payroll and benefit contributions for the period ended December 6, 2010 and included checks and direct deposits, in the amount of $330,232.89. Total Disbursement for the period $1,410,200.80. OLD BUSINESS 11. Review and discussion of Joint Powers Agreement with the City of San Bernardino Water Department 12. Discussion and possible action regarding award of contract for Plant 150 final design to Camp Dresser & McKee, Inc. (CDM) 13. Discussion and possible action regarding presentation from Mike Kovack (CSUSB) relating to the water library NEW BUSINESS 14. Board Reorganization: a. Election of Officers: President Vice President b. Appointment: General Manger Chief Financial Officer c. Committee Assignments for 2011 15. Setting time and place for holding meetings 16. Discussion and possible action regarding the Proposition 218 hearing notice for wastewater treatment rates 17. Discussion and possible action regarding mileage reimbursement rate established by the IRS for 2011 18. Discussion and possible action regarding the engineering investigation study relating to Baseline Gardens Mutual Water Company submitted by McKeever Engineering. 19. Review and accept financial statements for the period ending October 31, 2010 20. Directors' fees and expenses for November 2010 REPORTS 21. General Manager / Staff Reports 22. Consultant Reports 23. Committee Reports • Legislative (Standing) • Community Affairs (Standing) • Policy Committee (Ad -Hoc) • GM Review (Ad -Hoc) 24. Oral comments from Board of Directors 2 25. Letter of appreciation to the District from Rita Schmidt Sudman (Water Education Foundation) and Jo McAndrews (McAndrews and Boyd) MEETINGS 26. Association of The San Bernardino County Special Districts membership meeting, San. Bernardino, December 13, 2010 27. San Bernardino Area Chamber of Commerce Annual Holiday Reception & Open House, San, Bernardino, December 16, 2010 28. California Municipal Utilities Association Capitol Day, Sacramento, January 24, 2011 29. CSDA's "How to be an effective Board Member ", various locations and dates for 2011 30. Water Education Foundation's 2011 Water Tour dates 31. Water Education Foundation's 28`h Annual Executive Briefing "Navigation Uncertain Waters ". Sacrament, March 24 -25, 2011 CLOSED SESSION 32. PUBLIC EMPLOYEE PERFORMANCE EVALUATION [Government Code Section 54957] Title: General Manager ANNOUNCEMENT OF CLOSED SESSION ACTIONS ADJOURN -------------------------------•---------------------------------------- Pursuant to Government Code Section 54954.2(a), any request for a disability - related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above - agendized public meeting should be directed to the District's Administrative Manager at (909) 885 -4900 at least 72 hours prior to said meeting. ---------------------------------------------------- ----- --------- - - - - -- t' 0 East Val ley Water District MISSION STATEMENT: Our Mission at East Valley Water District is to provide our customers with a safe and reliable water supply that is delivered at a fair and cost - effective price. EAST VALLEY PUBLIC FACILITIES CORPORATION 3654 E. Highland Avenue Suite 12 December 14, 2010 Highland, California 3:00 p.m. CALL TO ORDER 1. Public Participation 2. Approval of December 8, 2009, Public Facilities Corporation Minutes 3. Appointment of Directors 4. Board Re- organization - President - 1" Vice President - 2 11d Vice President - Secretary - Treasurer 5. Adjourn to East Valley Water District Board Meeting. Subject to Approval EAST VALLEY PUBLIC FACILITIES DECEMBER 8, 2009 CORPORTION MINUTES President Sturgeon called the meeting to order at 3:02 pm. PRESENT: Directors: Le Vesque, Malmberg, Sturgeon, Wilson ABSENT: Director Morales STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Ron Buchwald, District Engineer; Eileen Bateman, Executive Assistant; Cecilia Contreras, Administrative Office Specialist LEGAL COUNSEL: Steve Kennedy GUEST (S): Charles Roberts (Highland Community News), Jo McAndrews (McAndrews & Boyd), Aaron Hodgdon (Hodgdon Group), Mark Vargas (Mission Infrastructure) APPROVAL OF EAST VALLEY PUBLIC FACILITIES CORPORATION AGENDA M /S /C (Sturgeon - LeVesque) that the December 8, 2009 East Valley Public Facilities Corporation agenda be approved as submitted. PUBLIC PARTICIPATION President Wilson declared the public participation section of the meeting open at 3:02pm. There being no verbal or written comments the public participation section was closed. APPROVAL OF DECEMBER 9, 2008, PUBLIC FACILITIES CORPORATION MINUTES M /S /C (Sturgeon - LeVesque) that the December 9, 2008 Public Facilities Corporation Minutes be approved as submitted. I etb: 12/08/2009 APPOINTMENT OF DIRECTORS M /S /C (LeVesque- Sturgeon) that the following slate c f directors be approved: Matt LeVesque Larry Malmberg James Morales, Jr Kip Sturgeon George Wilson M /S /C (Sturgeon - LeVesque) that the following slay of officers be approved for the East Valley Public Facilities Corporation: President I" Vice President 2 "d Vice President Secretary Treasurer ADJOURN - George E. Wilson - Matthew S. LeVesque - James Morales Jr. - Robert E. Martin - Brian W. Tompkins President Wilson declared the Public Facilities Corporation meeting be closed and adjourned to the Regular Board Meeting of the East Valley W iter District at 3:06 p.m. Robert E. Martin, Secretary George Wilson, President 2 etb: 12/08/2009 EAST VALLEY PUBLIC FACILITIES CORPORATION BOARD OF DIRECTORS DECEMBER 8, 2009 Matthew S. Le Vesque Larry Malmberg James Morales Jr. Kip Sturgeon George E. Wilson PFC Directors.doc EAST VALLEY PUBLIC FACILITIES CORPORATION OFFICERS DECEMBER 8, 2009 Board President 1st Vice President 2nd Vice President Secretary Treasurer George E. Wilson Matthew S. Le Vesque James Morales Jr. Robert E. Martin Brian W. Tompkins PFC Officers.doc EAST VALLEY WATER DISTRICT FINANCING AUTHORITY 3654 E. Highland Avenue Suite 12 December 14, 2010 Highland, California 3:00 p.m. AGENDA CALL TO ORDER 1. Public Participation 2. Approval of September 28. 2010 Board meeting minutes. 3. Resolution 2010.05 - A Resolution of the Board of Directors of the East Valley Water District Financing Authority authorizing investment of monies in the Local Agency Investment Fund. 4. Adjourn to East Valley Water District board Meeting. Subject to approval EAST VALLEY WATER DISTRICT September 28, 2010 FINANCING AUTHORITN' MINUTES President Wilson called the meeting to order at 3:04 p.m. PRESENT: Directors. LeVesque, 'Morales. Sturgeor A\ iison ABSENT: Directors Malmberg STAFF: Robert Martin, General Manager; Ron Buchwald, District Engineer; Gary Sturdivan. Safety and Regulatory Affa i:� I_iirector; Justine Hendricksen, Administrative Manager LEGAL COUNSEL: Steve Kennedy GUEST (S): Kurt Yeager (Stradling, Yocca. Carlson & Rauth), Tom DeMars (FRA), Cara Van Dijk (('V Strategies). Charle, Roberts (Highland Community News) PUBLIC PARTICIPATION President Wilson declared the pcblic participation section of the meeting open at 3:04 p.m. There being no verbal or written comments the public panicipati( n section was closed. APPROVAL OF SEPTEMBER 14, 2010 BOARD MEETING MINUTES M /S /C (Morales - Sturgeon) that the September 14. 21) f1 Board meeting minutes be approved as submitted. RESOLUTION 2010.04 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT FINANCING AU] PORITY APPROVING THE SALE OF ITS REFUNDING REVENUE BONDS, SERIES 2010 IN THE AMOUNT OF NOT TO EXCEED S38,000,000; APPROVING THE TIME AND PLACE FOR TAKING BIDS, APPROVING THE 'NOTICE INVITING BIDS, APPROVING THE PRELIMINARY OFFICIAL STATEMENT AND APPROV IN(, OTHER DOCUMENTS M /S /C (Morales - LeVesque) that Resolution 2010.04 be ap mtved. The meeting was adjourned at ,: l p.m. George E. Wilson. P)i dent Robert E. Martin, Secretary Minutes 09/28,10 .[ph RESOLUTION 2010.05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT FINANCING AUTHORITY AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND AGENCY ADDRESS: 3654 E Highland Ave Suite 18, Highland CA 92346 AGENCY PHONE NUMBER: 909 - 381 -6463 WHEREAS, Pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Board of Directors of the Financing Authority does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interests of the Authority. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Authority does hereby authorize the deposit and withdrawal of District monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard. BE IT FURTHER RESOLVED that the following Authority officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: (NAME) (NAME) (NAME) (TITLE) (SIGNATURE) (TITLE) (TITLE) (SIGNATURE) (SIGNATURE) PASSED AND ADOPTED, BY THE Board of D rectors of the East Valley Water District Financing Awhority, San Bernardino Count, of the State of California on Ayes: Noes: Abstain: Absent: Attest: Robert E. Martin, Secretary George E `Nilson, President Subiectto approval EAST VALLEY WATER DISTRICT November 9, 2010 REGULAR BOARD MEETING MINUTES The meeting was called to order at 3:01 p.m. by President Wilson. Mr. Martin led the flag salute. PRESENT: Directors: Le Vesque, Malmberg, Morales, Sturgeon, Wilson ABSENT: None STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Ron Buchwald, District Engineer; Justine Hendricksen, Administrative Manager; Eileen Bateman, Executive Assistant; John Drury, Lead Treatment Plant Operator LEGAL COUNSEL: None GUEST (S): Cara Van Dijk (CV Strategies), Elaine Martin, Charles Roberts (Highland Community News), PUBLIC COMMENTS President Wilson declared the public participation section of the meeting open at 3:02 p.m. There being no verbal or written comments the public participation section was closed. APPROVAL OF AGENDA M/S /C ( Malmberg- Sturgeon) that the November 9, 2010 agenda be approved as submitted. DISBURSEMENTS M/S /C ( Malmberg- Morales) that the General Fund Disbursements #226309 through #226459 which were distributed during the period of October 20, 2010 through November 2, 2010, in the amount of $527,095.34 and Payroll and Benefit contributions for the period ended November 2, 2010 and included checks and direct deposits, in the amount of $242,439.60 totaling $769,534.94 be approved. Minutes 11/09/10 etb GENERAL MANAGERS FEE'S AND EXPENSES M /S /C (Malmberg - Morales) that the General Managers fees and expenses be approved DIRECTORS' FEES AND EXPENSES FOR OCTOBER 2010 M/S /C (Sturgeon - Malmberg) to approve the Direcicrs' Fees and Expenses for October 2010. REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR THE PERIOD ENDED SEPTEMBER 30, 2010 Mr. Tompkins gave a brief overview of the financial statemens M/S /C (Sturgeon - Malmberg) to accept the financial statements for the period ended September 30, 2010 as submitted. DISCUSSION AND POSSIBLE ACTION REGARDING THE NOVEMBER 23RD AND DECEMBER 28TH BOARD MEETINGS The Board stated that the November 23`d and December 28`h meetings should remain on the calendar and that it is not necessary to reschedule or cancel the meetings at this time. Information only GENERAL MANAGER /STAFF REPORTS The General Manager stated that financing for Plant 134 is in its final stages; that the final review of the bond funding is with legal counsel and will be sent to Department of Health Service for final signatures; that Mr. Buchwald has everything in order for the award of contract; that Mr. Sturdivan is working with AW\V,% on a project that deals with the security of water utilities using SCADA systems; that the project will methodically review vulnerability of each utility; that EViN'l) is a test agency for this project; that Mr. Drury has been involved in the Water Edu_ation Foundation's Water Leaders Class; that the final report will be presented November 29, 2010 at the Water Education Foundations' Board Meeting in Indian Wells, Calif6mia; that he requested volunteers to work December 27, 2010 and January 3, 2011 to keep the District office open for customers after the holidays; that he received no .oiunteers from Customer Service; that he and Mr. Tompkins would volunteer to work with limited service available; that this matter of changing closure dates would be better addressed during contract negotiations. Mr. Drury expressed his appreciation to the Board for the opportunity to participate in the Water Education's Program; he gave an overview of the program: that participating in the program gave him the opportunity to learn more about Gmernance issues in the water 2 Minutes 11/09/10 etb industry; that overall it is a program that would benefit all employees of the District who participate. Mr. Tompkins stated that in the future there will be changes to the GASB and pension plan calculations; that agencies like the District need to be aware that rates could be significantly affected. CONSULTANT REPORTS Ms Van Dijk stated that the Water Quality Conference went well; that she provided assistance in obtaining a booth at the conference. COMMITTEE REPORTS a. Legislative (Standing) Director Morales reviewed the outcome of the recent elections. b. Community Affairs (Standing) Director Sturgeon stated that the committee will meet next week; that the Water Quality Conference was very well done; that the District's staff did a great job at the Conference; that Gary Sturdivan's presentation regarding Emergency Preparedness was very well done; that he heard positive feedback regarding the presentation. M /S /C (Sturgeon - LeVesque) to accept the minutes for February 19, 2010, March 29, 2010, June 14, 2010, and August 25, 2010. c. Policy (Ad -Hoc) Director Morales stated that the Drug/Alcohol Policy has been presented to legal counsel for final review. d. General Manager's Review (Ad -Hoc) No comments at this time. The meeting will be rescheduled. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Malmberg stated that the District's Facilities Tour was outstanding; that he received positive feedback from the attendees. Vice President LeVesque stated that he read in the Highland Community News a comment from one of the attendees on the District's Tour that they will never ask where the rates come from; that the Tour went very well. 3 Minutes 11/09110 etb Director Morales would like to thank staff for their hard work: that he is aware of the difficulty of putting forward a Tour. Director Sturgeon would also like to thank staff for their efforts in making the Tour a success; that allowing the tour guests to see the prices of the materials used by the District provided a better understanding of what it costs for v,n_ r. President Wilson expressed appreciation to all staff involvec lnith the District Tour and for ajob well done. ASSOCIATION OF THE SAN BERNARDINO COUNTY SPECIAL DISTRICT'S MEMBERSHIP MEETING HOSTED BY THE MOJAVE WATER AGENCY, GREEN TREE GOLF COURSE CLUBHOUSE, VICTORVILLE, NOVEMBER 15, 2010 Information only. ADJOURN The meeting was adjourned at 4:05 p.m. until the next regularly scheduled Board Meeting. Robert E. Martin, Secretary George R ilson, President 4 Minutes 11/09/10 etb Subject to approval EAST VALLEY WATER DISTRICT November 23, 2010 REGULAR BOARD MEETING MINUTES The meeting was called to order at 3:00 p.m. by President Wilson. Mr. Roberts led the flag salute. PRESENT: Directors: Le Vesque, Malmberg, Morales, Sturgeon, Wilson ABSENT: None STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Ron Buchwald, District Engineer; Eileen Bateman, Executive Assistant; Gary Sturdivan, Safety & Regulatory Affairs LEGAL COUNSEL: Steve Kennedy GUEST (S): Charles Roberts (Highland Community News), PUBLIC COMMENTS Mr. Sturdivan gave a brief update regarding EV WD's 2010 Hazard Mitigation Plan; that the final draft is due December 3, 2010; that after the draft is approved by FEMA it will be presented to the Board for adoption. 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 M /S /C (LeVesque- Sturgeon) that the November 23, 2010 agenda be approved as submitted. APPROVAL OF BOARD MEETING MINUTES FOR OCTOBER 26, 2010 M /S /C (LeVesque - Malmberg) that the October 26, 2010 Minutes be approved as submitted. DISBURSEMENTS M /S /C ( Malmberg- Morales) that the General Fund Disbursements 4226460 through 4226706 which were distributed during the period of November 3, 2010 through November 16, 2010, in the amount of $1,183,535.11 and Payroll and Benefit 1 Minutes 11/23/10 etb contributions for the period ended November 16, 2010 and included checks and direct deposits, in the amount of $271,725.27 and $7,640.0, totaling $1,462,900.41 be approved. GENERAL MANAGER /STAFF REPORTS The General Manager stated that all repairs were made to it I;as -line that was interrupted by a backhoe; that the cause was due to a mismarked lint: that the project is moving forward; that the Plant 134 funding Agreement from the Slat- is waiting for approval from the Bond Council; that the District will forward the signed agreement to the State and use the funds to work on Plant 134; the San Bernardino Valley MWD is requesting the District involvement with a KVCR film in regards to Water Conservation issues Vice - President LeVesque and Director Sturgeon attended a treeting with San Bernardino Valley and requested more information. The Board recommended the Community Affairs Committee o review and agendize on a future Board Agenda with Committee's comments and suggestions Mr. Sturdivan reported that the Notice of Intent had been filc-d with Cal DPH regarding Baseline Gardens; that next year it is expected to have a notice to proceed with Grant funding requests for the District to consolidate with Baseline hardens; that he attended the Baseline Gardens public meeting in regards to the water quality issue and consolidation with the District; that the District's Drug & Alcohol Policy is now ready for Committee review; that the 1 -info for the ERNIE group is activated for agencies to input information; that the ERP plans of each agency member can be downloaded into the system for standardization of emergency response plans Mr. Tompkins stated that the City of San Bernardino is sending notices to customers in compliance with Proposition 218 regarding an increase to sewer treatment rates; that he disagrees with the charges and recommends the District express concern regarding the increased rates; that Customer Service Department will he staffed on January 3, 2011 CONSULTANT REPORTS No reports at this time. COMMITTEE REPORTS a. Legislative (Standing) Director Malmberg stated that he attendee the CMUA Legislative meeting. 2 Minutes 11/23/10 :etb Director Morales stated that he is planning a meeting to discuss permit fees; that he will discuss the meeting with the Board when he gets information. It. Community Affairs (Standing) President Wilson stated that he placed the committee's agenda in the Board packet for the Board to review what is being discussed by the committee. No comments at this time. c. Policy (Ad -Hoc) Director Morales stated that the Committee will start to focus on the next Policy that is ready for review. d. General Manager's Review (Ad -Hoc) No comments at this time. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Malmberg stated that the CMUA meeting was very interesting; that he wishes all to have a great coming holiday. Director Sturgeon stated that there was a new coffee maker in the Board room; that the coffee maker was no cost to the District; that the Highland YMCA is holding a Blood Drive until 6:30 pm; that he enjoyed his recent trip on the Oregon Train Trip to the USC game. Vice President LeVesque reminded the Board of the re- organization of the Board on the next Board meeting. Director Morales stated that his job with the County Board of Supervisors is coming to an end; that he will be the Administrative Manager for the Workforce Development for the County of San Bernardino Community Training Workforce Investment Board. President Wilson wished everyone a Happy Thanksgiving. Mr. Tompkins stated that he was contacted by a Utility Cost Management Company regarding savings. Director Morales recommended that the District look into other Utility Cost Management Companies. 3 Minutes 11/23/10 etb The General Manager stated that he will be attending the San Bernardino Valley Municipal Water District's first District Tour on December 1 �, 2010. SPECIAL DISTRICT AND LOCAL GOVERNMENT INSTITUTE "GOVERNANCE" CONFERENCE, ANAHEIM, FEBRUARY 17-18,2010 Information only. ADJOURN The meeting was adjourned at 3:56 p.m. until the next regularly scheduled Board Meeting. Robert E. Martin, Secretarc George Wi'son, President 4 Minutes 11/23/10 :etb East Valley Water District Board Memorandum From: Brian W. Tompkins / Chief Financial Officer Subject: General Manager's Expenses. Recommendation: Approve the attached list of payments and reimbursements for General Manager expenses during the period November 17, 2010 through December 6, 2010. Background: Date: DECEMBER 14, 2010 Business and Travel expenses incurred by the General Manager and paid during the reporting period stipulated above totaled $1207.38. A summary of theses expenses by authorized payment methods follows: American Express — R Martin 1038.42 American Express — J Hendricksen CalCard — R Martin 168.96 CalCard — J Hendricksen CalCard — E Bateman / C Contreras Direct Reimbursement Total 1207.38 East Valley Water District Board Memorandum From: Brian W. Tompkins / Chief Financial�ficer Subject : Disbursements. Recommandation: Approve the attached list of payroll issued during the through December 6, 2010. Background: accounts payable checks and period November 17, 2010 Date: DECEMBER 14, 2010 Accounts payable checks are shown on the attached listing and include numbers 226707 to 226859 for A total of $1,079,967.91. The source of funds for this amount is as follows: Unrestricted Funds $921,741.15 Bond Financing $158,226.76 State Financing Payroll and benefit contributions paid for this period totaled $330,232.89. 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Purpose of Agreement, Common to be Exercised, Termination 2 Power Section 2. City of Administer 2 Section 3. East Trunk Sewer and Sewage 3 Disposal Works Section 4. Right of District in East Trunk 4 Sewer Section 5• in tto 4 Regard Qualityeofi Sewage Section 6. Service Areas, Right to Collect 6 Charges a. City Territory 6 6 b. District Territory c. Territory Between the 7 District and the City d. Territory Served with Water by District 7 8 e. Boundary Line Lands f. Territory Within the Boundaries of both the City and the 8 District Section 7. Payments by District 9' Section 8. Records, Accounts, Inspection 10 and Audit Section 9• Effect of Agreement, Nature of 12 Obligations Section 10. Arbitration 14 Section 11. Severability 15 Section 12. Effective Date. 16 16 Execution JOINT POWERS AGREEMENT OF 1957 BETWEEN W1101 CITY OF SAN BERNARDINO AND THE EAST SAN BERNARDINO COUNTY WATER DISTRICT WHEREAS, the following public agencies: the City of San Bernardino, a municipal corporation (herein- after sometimes called "City "), and the East San Bernardino County Water District, a county water district organized and existing under Division 12 of the Water i Code (hereinafter sometimes referred to as "District ") and each of them, has, or will have, money available to { acquire and construct needed facilities for the collec- tion, treatment and disposal of sewage and each had intended to acquire and construct its own facilities; and WHEREAS, certain facilities will serve both public agencies resulting in a substantial saving of money to each public agency; and WHEREAS, said public agencies are authorized to contract with each other for the joint exercise of any common power under Article 1, Chapter 5, Division 7, Title 1 of the Government Code; NOW, THEREFORE, the following public agencies: CITY OF SAN BERNARDINO and r.r EAST SAN BERNARDINO COUNTY WATER DISTRICT for and in consideration of the mutual promises and agree- ments hereinafter stated and the performance thereof, and for other valuable and adequate consideration, do promise and agree for and on behalf of themselves and their successors in interest as follows: Section 1. Purpose of Agreement, Common Power to be Exercised, Termination. This agreement, made under the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Govern- ment Code, is for the purpose of obtaining for each public agency facilities for the collection, treatment and disposal of sewage, and each public agency has in common the power to acquire, construct, maintain, repair, manage, operate and control facilities for said purpose. Said purpose will be accomplished and said common power exercised in the manner hereinafter set forth. This agreement may be amended or modified by said public agencies by mutual consent and shall continue until terminated by said public agencies by mutual consent. Time is of the essence of this agreement. Section 2. City to Administer. The City of San Bernardino shall, subject to I the restrictions set forth in its charter, administer and execute this agreement and do all acts necessary for the exercise of said common power for said purpose. Section 3. East Trunk Sewe- and Sewage Disposal Works. Both the City and the District will acquire, construct and, except as herein provided, maintain, repair, manage, operate and control independently from each other facilities for the collection of sewage. The City will also acquire, construct, maintain, repair, manage, operate and control independently from the District facilities for the treatment and disposal of sewage, including effluent reclamation works. The parts of said City facilities involved in this agreement are the East Trunk Sewer and northerly extensions thereof (hereinafter called the "East Trunk Sewer ") and the facilities connected thereto for the treatment and disposal of sewage, including effluent reclamation works (hereinafter called the "Sewage Dispcsa.l Works ") . Said East Trunk Sewer is shown on a map which is attached hereto, marked Exhibit A, and made a part hereof. The duplicate originals of said Exhibit A are on file in the office of the City Clerk of the City and in the office of the Secretary of the District. Said East Trunk Sewer and Sewage Disposal Works shall be owned solely by the City and the part or parts thereof not already in exist- ence on the date of this agreement shall be acquired and constructed at the cost and expense cf the City. The 3. City shall operate, maintain and preserve said East Trunk Sewer and Sewage Disposal Works in good repair and work- ing order in accordance with recognized engineering practices. Sewer. Section 4. Right of District in East Trunk The District shall have and own, for the exist- ence of this agreement, a right to discharge sewage into the East Trunk Sewer or other sewers adjacent to the District at a point or points on said sewers between the East -West center line of Section 19, Township 1 North, Range 3 West, and its prolongations and Third Street (sometimes known as City Creek Road). All connections to said sewers for the purpose of said discharge shall be made at the sole cost and expense of the District and shall be made under the supervision of an officer or employee of and designated by the City and shall be per- formed to the satisfaction of'and subject to the approval of the City. The District shall discharge all sewage entering any of its sewage collection facilities into said East Trunk Sewer or other sewers adjacent to the District. Section 5. Limitations on the District in Regard to Quality of Sewage. The District expressly agrees to the follow- ing separate distinct and cumulative limitations: 4. a. The District shall obey and shall require all persons and customers of every kind and nature (including public agencies of all types) discharging into or using its system to obey all ordinances, resolutions, rules and regulations of the City concern- ing type and condition of sewage and wastes permitted to be discharged into City sewers and shall prohibit said persons and customers from discharging into said Districts system sewage and wastes which persons and customers of the City could not discharge. The District shall also obey the applicable statutes, rules and regula- tions of agencies of the United States of America, the State of California and the County of San Bernardino having jurisdiction over the collection, treatment and disposal of sewage and wastes. b. The District shall not allow any surface or storm waters, excessive infil- tration, cooling water or unpolluted industrial waste to be discharged into its sewer system or into any other sewer facilities emptying into its sewer system or into any other sewer facilities over which it has control. Charges. Section 6. Service Areas, Right to Collect The City and the District agree that the areas within which each is entitled to provide sewer service and /or collect sewer service charges shall be as set forth in this Section 6. Neither public agency shall, without the written consent of the other, be entitled to provide sewer service and /or collect sewer service charges within any territory assigned to the other under this Sec- tion 6. a. City Territory -- The City (unless otherwise specifically prohibited by this Section 6) shall be entitled to provide sewer service and collect sewer service charges from any territory westerly of the easterly boundary of the City as said boundary exists on the date of this agree- ment (outlined in blue on Exhibit A) and from any territory northerly of the East- West center line of Section 19, Township 1 North, Range 3 West, and its prolongations, (excepting territory between Mountain Avenue ` and Tract 3974, colored yellow on Exhibit A) and from any territory southerly of Third Street (sometimes known as City Creek Road), excepting therefrom any territory of the City then within the boundaries of the District. b. District Territory -- The District (unless other_wJag_gpecifically prchibited by this Section 6) shall be_,gitit.led to provide sewer service and collect sewer service charges from any territory easterly of the westerly boundary of the District as the same exists on the date of tilis spree- . �,,,,,.,,_..: ..,, _ • ment (outlined in red on Exhibit A), provided that said territory lies between the East- West center line of Section 19,E Township 1 North, Range � West, and its prolongations, and Third Street (sometimes known as City Creek Road). c. Territory Between the District and the City -- The public agency (unless other- wise specifically prohibited by this Section 6) f first annexing territory after the date of this i i agreement which lies westerly of the westerly boundary of the District and easterly of the easterly boundary of the City, including territory between Mountain Avenue and Tract 3374 north of said East -West center line of �wr�Ky Section 19, (shown in yellow on Exhibit A) shall be entitled to provide sewer service and collect sewer service charges within said territory. d. Territory Served with Water by District -- The District shall be entitled to provide sewer service and collect sewer 7. service charges within territory outside the District which is served with water b the District on the date of this agreement, whether within or without the City, (shown in brown on Exhibit A) excepting territory served with sewers by the City (shown in 4 orange on Exhibit A) in which territory the City shall be entitled to provide sewer service and collect sewer service charges. e. Boundary Line Lands -- The public agency within which is located lots or build- ing sites adjacent to a common boundary line between the City and the District shall be entitled to provide sewer service and collect sewer service charges therein, but said parcels may be served by connections to the nearest sewer facilities, regardless of whether such facilities are owned by the City or the District. f. Territory Within the Boundaries of both the City and the District -- Territory within the boundaries of both the City and the District (shown in green on Exhibit A) served by City sewers on the date of this agreement M shall continue to be so served aid sewer service charges shall be collected by the City. The District shall be en- titled to provide sewer service and collect sewer service charges fr= territory within the boundaries of both the City and the District not served by sewers_ the.dat�e of this agreement (shown in purple oExhibit A). Aww� Section 7. Payments by District. As compensation to the City for services rendered in treating and disposing of sewage and waste discharged by the District into said East Trunk Sewer, or other sewers adjacent to the District, the District shall pay at the end of each monthly period, or other period established by the District for imposing and collecting sewer service charges (provided that payments shall. be at least quarterly), a lump sum equal to 92% of the aggregate charges which would have been collected by the City, if the persons and customers served by the District or emptying into the District's system had been located in the City and had been liable for the pay- ment of the charges fixed by the City at the rates go which the City had fixed and established for that period of time for sewer users of various types and classifica- tions within the City. Any amount of said payment which is in dispute shall be paid to the City with a notation that it is paid under protest and shall be repaid at a later time if so decided by arbitration as provided in this agreement. Payments due at the end of the period specified above shall be paid within thirty (30) days of said due date. Payments not made within said thirty (30) days shall bear interest at the rate of five per cent (5 %) per annum from the due date thereof until paid. Since the payments are to be made for services rendered there will be no surplus money and so there should be no surplus money on hand at the termination of this agreement after the accomplishment of said purpose, but if there is any, it shall be returned in proportion to the contributions made. and Audit. Section 8. Records, Accounts, Inspection The District shall keep a complete and up to date list of all persons and customers of every kind and nature (including public agencies of all types) discharging into or using its system and shall keep proper books of records and accounts in which complete and correct entries shall be made of all transactions (including all receipts and disbursements) relating to the provision of sewer service and the collection of sewer service charges. Said list, books of record and accounts shall be kept in such reasonable detail that the City can ascertain the aggregate charges which would have been collected by the City, if the persons and customers served by the District or emptying into the District's system had been located in the City. Said list, books of record and accounts shall, upon written request, be subject to inspection by any duly authorized representative of the City. Said list, books of record and accounts shall be audited annually by an independent certified public accountant or firm of certified public accountants appointed by the District and approved by the City, and a copy of the report of such accountant or accountants shall be given to each public agency. The District shall notify the City a reasonable time before the audit is to commence the identity of the auditor or auditing firm. The expense of said audit shall be shared by said public agencies equally. The CJ.ty may, upon written request, inspect the District's sewage collec- tion facilities at reasonable intervals. 11. Section 9. Effect of Agreement, Nature of Obligations. Anything in this agreement to the contrary notwithstanding, the general fund of the City shall not be liable for the payment of any moneys required to be expended or paid by it in the performance of this agree- ment, nor is the general credit of the City pledged to the performance of any such obligation, nor may the District compel the exercise of the taxing power of the City to raise funds for the performance of any such obligation. Any moneys required to be paid or expended by the City under the terms of this agreement are required to be paid solely from (a) the available proceeds from the sale of any revenue bonds or other bonds or evidence of indebtedness authorized and issued for the purpose of such payment or expenditure and (b) the revenues from sewer service charges and other revenues of its sewer system. The District agrees that it will prescribe, revise and collect such rates and charges for the services, facilities and use of its sewer system as will produce, after allowance for contingencies and error in estimates, sufficient revenues to discharge all obligations under this agreement and all other obligations of the District which are a charge upon or payable from such revenues. The expenses of and claims against the District ,n under this agreement are general obligations of the District, and if the District has no revenues or if the revenues of the District are, or in the judgment of the Board of Directors are likely to be '.nadequate to pay debts, expenses and claims against the District, Includ- ing all expenses and claims payable under this agreement, the Board of Directors shall cause an annual tax to be levied upon the taxable property in the District sufficient to pay all expenses and claims payable under this agreement, all as provided in the County Water '.district Law, being Division 12 of the Water Code of the State of California. All moneys derived from such tax and all other moneys allocated and designated for the payment of said obliga- tions, including all expenses and claims, payable under this agreement shall be placed in a special fund of the District and until all of said obligations have been fully paid the moneys in said fund shall be used for no other purpose than the payment of said obligations.. The District shall notify the City of the name of said special fund on its establishment. Nothing herein shall be construed as prohibit- ing the City or the District from issuing revenue bonds or other evidences of indebtedness payable from the revenues from sewer service charges or other sewer system revenues and which have, as to said sewer charges and revenues,for any sums required for the payment or security 11 . of the principal thereof or interest thereon a priority over obligations payable under this agreement. Section 10. Arbitration. All controversies arising out of the interpre- tation or application of this agreement or the refusal of either public agency to perform the whole or any part thereof shall be settled by arbitration in accordance with the provisions of this section and where not provided by this section in accordance with the statutory provisions of the State of California then in force. The controversy shall be submitted to a board of three (3) arbitrators which shall be appointed, one by the City, one by the District, and the third by the first two. The public agency desiring arbitration shall notify the other public agency by a written notice stating the following: (1) that it desires arbitration, (2) the controversy to be arbi- trated, (3) that it has appointed its nominee, and (4) that it requests the other public agency to appoint its nominee. Within thirty (30) days from the receipt of said notice the other public agency shall appoint its nominee. .Within fifteen (15) days after the last public agency has appointed Its nominee, the two nominees shall appoint the third. None of the arbitrators shall be a resident of, or taxpayer in, or own property in, or have a place of business in, or be employed in or by, or be an officer or employee of either public agency. The arbitration board shall hold at least 14. one hearing and at least ten (10) days before said hearing shall give each public agency written notice thereof. The arbitration shall be restricted to natters relative to that stated in the notice requesting arbitration. The arbitrat n board shall have no ;horlty to add to pr subtract from this agreement. Each public agency shall be given an opportunity to be heard and to present evidence. Upon conclusion of the hearing or hearings the arbitration board shall reduce their findings of fact, conclusions of law and the award to writing, and shall sign the same and deliver one signed copy thereof to each public agency. Such award shall be final and binding upon both public agencies. A majority finding shall govern if the arbi- trators' determination is not unanimous. Each public agency shall pay its own expenses including the expenses of the arbitrator which it nominates. The expenses of the third arbitrator, and the administrative costs of the arbitration proceedings shall be shared equally. Section 11. Severability. If any section, subsection, sentence, clause, phrase or word of this agreement, or the application thereof, to either public agency, or to any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity of the remainder of the agreement or the application of such provision to the other public agency, or to any other persons or. I circumstance shall not be affected thereby. Each public agency hereby declares that it would have entered into this agreement and each section, subsection, sentence, clause, phrase and word thereof irrespective of the fact that one or more section, subsection, sentence, clause, phrase or word, or the application thereof to either public agency, or any other person or circumstance be held invalid. Section 12. Effective Date. This point powers agreement shall be valid and binding as of the date of execution thereof. IN WITNESS WHEREOF, each public agency has caused this instrument to be executed by its respective officials theretofore duly authorized by the legislative bodies thereof. 0 M CITY OF SA_� DINO BY 'ATTEST- City Cleric SEAL) Date of signing .. , 19 l/ EAST SPAN BERNARDINOCOCjO,U'NT'YQ WATT /!J =la�T BY ,, �� M rest en CO TdRSIGNED: ecre ry (SA AL) Date of signing 1915T 16. .. i �, ,: i �; r::; ;I . i .i, f �i` .. . ._ g .. r � .._ �? � � , ...... � i.: �.'},'. Iii. \� 1. l � VP 1 f 1 ... J{ .. ' ,y 1 � _. as l � I '.S� . t .. '. TY ...`.. '.t.. � i ,�. 'J. y — .. , ' �::..* r .......o...` u �q ?' t � f �. .� �1 � t � , � J� ` f I r ,! .. „�f'c; ,. ,' i .�. ,,�j }." L,., � i. , - — � . _ ��t � 's , .... , , �� �FJ {�� Il` i;�i'r t � �� Nj� � _ _. � t' A roan >af.� 4'���f, � „ . i�- ' � �� � '.{ . .. r x5� . o. .aS' .�..V IxiElb�aaan :.� - + ry �: rAli .� '!.'d"1 _ , ._- ' . {:' *� ,�N.' >,:. a:. i > r.:_ a= Y. C ":T ix:': • �'ne3fl f.bS 'u . - . ' q�2 FIRST SUPPLEMENT TO -1 (} I JOINT POWERS AGREEMENT OF 1957 BETWEEN CITY OF SAN BERNARDINO AND EAST SAN BERNARDINO COUNTY WATER DISTRICT IT IS MUTUALLY AGREED that the Joint Powers Agreement of 1957 between the City of San Bernardino and the East San Bernardino County Water District, dated January 7, 1958, wherein provision is made for the joint use of certain sanitary sewerage facilities constructed and to be constructed by each of the parties, and establishing the rights and duties of the parties in relation to such use, is hereby interpreted, amended and supplemented as follows: 1. Part of Lots 2 and 3, Block 13, Orange Grove Tract that is both within the City and the District, having been provided with sewers prior to the date of said agreement shall continue to be so served and sewer connection charges shall be collected by the City. 2. The territory within Conejo Ranchos, Tract No. 2316, and that rectangular parcel 330 feet east and west and 220 feet north and south lying southerly of Lot 4 and east of Lot 9, Tract 23161 and a portion of Lot 1, Block 4, Orange Grove Tract not included within Tract 2316, all of which has been annexed to the City, shall be sewered by City and it will be entitled to impose and collect sewer service charges, and may connect said facilities severally or collectively to the trunk sewer main of the District in Conejo Drive. 3. The territory shown on Exhibit A in brown on Golden Avenue between Lynwood Drive and Holly Vista Boulevard, having been provided by the City with sewers in Golden Avenue under an assessment proceeding, the District is permitted to serve said properties with said sewers and to collect sewer service charges therefor upon (a) obtaining the written consent of all of the -1- owners of the properties assessed by the City, but served water by the District, and (b) refunding to said property owners the orig- inal amount of said assessments, to wit, 8268.93 for each parcel. In the event the District cannot obtain the written consent of said property owners, then the City shall serve said properties with said sewers and collect sewer service charges therefor. 4. The area shown in purple at the southeast corner of Golden Avenue and Citrus Street, being within the boundary of the District and also being City Annexation No. 71, shall be served with sewer service and charges therefor shall be imposed and col- lected by the District and said facilities nay be connected to the existing City main in Golden Avenue. 5. Lot 13 through 24 of Tract 61E7, all or portion of which are in the northeast quarter of Secticn 19, T. 1 N., R. 3 w., S.B.B.&M. and north of the Center line of Section 19, being within the City and annexed to the District having been served with sewers connected to the facilities of the District, shall be served by the District and the District shall be entitled to collect sewer ser- vice charges therefor. 6. The District shall be entitled to sewer the north- east quarter of Section 19, T. 1 N., R. 3 w., S,B.B. &M., to areas beyond Tract 6187 and collect sewer service charges therefor. 7. In the event that the northwest quarter of Section 19, T. 1 N., R. 3 W., S.B.B. &M. or any portion thereof is developed by the City for park and recreation purposes then, in such event, the City may connect to the District sewer facilities. It is clearly understood and agreed that such connection shall be.nn accordance with the present provisions of the District sewer ordinances and that said connection shall be confined to sewerage and waste -water discharge from City park and recreation facilities only. Said connection facilities shall be at the expense of the City. 645 8. The City having provided for sewering Tract No. 5038 south of Lynwood Drive, between Monterey Drive at Loma Avenue, into the existing sewer line of the District in Loma Avenue, the City is hereby permitted to connect to said sewer line and thereby sewer said Tract and to collect sewer service charges therefor. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective officers thereunto duly authorized. ATTEST: City clerk (seal) COU�NTF7S�IG /NED/:�( /J / secre'ary (Seal) CITY OF SAN BERNAOINO Date of signing September 3 , 1962 EAST SAN BERNARDINO COUNTY WATER ISTRICT `' \\ (� By S President Date of signing -3- September 3 , 1962 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 JOINT POWERS AGREEMENT OF 1965 BETWEEN THE CITY OF SAN BERNARDINO AND THE EAST SAN BERNARDINO COUNTY WATER DISTRICT CONTENTS Page Recitals 1 & 2 Section 1. Purpose of Agreement, Common Power to be Exercised, Termination 2 & 3 Section 2. Definition of Terms 3 Section 3. Designation of Service Areas 3 A. Exclusive Service Area of City 3 B. Exclusive Service Area of District 4 Section 4. Consent to Service 4 Section 5. No Requirement for Service 4 Section 6. Property 5 Section 7. Nature of Water Supply to be Furnished by District 5 & 6 Section 8. Term of Agreement Relating to Delivery of Water 6 Section 9. Place of Delivery of Water 6 & 7 Section lO.. Quantities of Water to Be Delivered by District 7 Section 11. Rate and time of Delivery of Water 7 Section 12. Substitute Extraction 7 & 8 Section 13. Payment by City to District 9 Section 14. Arbitration 9, 10 and 11 Section 15. Severability 11 Section 16. Effective Date 11 & 12 1 2 3 4 s 6 7 8 9 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 JOINT POWERS AGREEMENT OF 1965 BETWEEN THE CITY OF SAN BERNARDINO AND THE EAST SAN BERNARDINO COUNTY W)iTF.R DISTRICT WHEREAS, the following public agencies; the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter sometimes called "City ", and the EAST SAN BERNARDINO COUNTY WATER DISTRICT, a county water district organized and ex. sting under Division 12 of the ;dater Code, hereinafter referred to as "District" are engaged in the distribution of water; znc WHEREAS, each of said agencies car. more economically serve certain areas within their respective service areas; and WHEREAS, it is to the mutual benefit of said agencies that the service areas of each of said agencies be delineated so that proper planning can be made for expa-ieicn and extension of existing services and the installaticn of new services; and WHEREAS, said public agencies are authorized to contract with each other for the joint exercise of any common power under Article I, Chapter 5, Division. 7, Title 1 of the Government Code; and WHEREAS, the District has drilled wells and extracted water therefrom for the purpose of procuring a water supply for the lands within its boundaries and has acquired through its owner- ship of stock in mutual water companies and its acquisition of other water rights and through the use and operation of said wells and the extraction of water therefrom, District has established certain prescriptive and appropriate rights to the use of water so extracted; and WHEREAS, portions of the land within the boundaries of the District are undeveloped and at the present time are not using a -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 zs 29 30 31 32 water supply, but after 1972 'will be developed and will ultimately require all of the water now being produced by District; and WHEREAS, by reason of the fact that the lands within its boundaries have not reached their ultimate development or their ultimate use of the water supply developed by the District, the District has, at the present time, surplus waters prescriptive in nature that it may dispose of to municipalities under the pro- visions of Section 31023 of the Water Code of the State of California, for use outside of the boundaries of the District on a temporary basis; and WHEREAS, City is a municipality as defined in said Section, and is desirous of obtaining, as a body politic, a temporary supply of water from District; and WHEREAS, District is willing, on a temporary basis, to supply water to the City as a body politic and not to the inhabitants thereof, otherwise than as the same may be supplied to said inhabitants by said municipality through its own dis- tributing system and under its own exclusive control; and WHEREAS, the water to be furnished on such basis by District to City is water that District has acquired by prescriptive right to the use thereof; NOW, THEREFORE, the following public agencies: CITY OF SAN BERNARDINO and EAST SAN BERNARDINO COUNTY WATER DISTRICT., for and in consideration of the mutual promises and agreements hereinafter stated and the performance thereof, and for other valuable and adequate consideration, do promise and agree for and on behalf of themselves and their successors in interest as follows: Section 1, pgrpose of Agreement, Common power to be Exercised, Termination. -2- i= F' z: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 THIS AGREEMENT made under the provisions of Article I, Chapter 5, Division 7, Title 1 of the Government Code and Section 31023 of the Water Code, is for the purpose of delineating for each public agency the areas where each agency shall exercise their common power to acquire, constrict, maintain, repair, manage, operate and control facilities for the production and distribution of a water supply, and t1 provide City on a temporary basis, as herein set fort]-, with a water supply. Said Purpose will be accomplished and said common power exercised in the manner herein set forth, This Ag: ^eement may be amended or modified by said Public Agencies by mutual consent and shall continue until terminated by said Pub -ic Agencies by mutual Consent but in any event this Agreemer:t shall terminate fifty (50) years from the date hereof. Section 2. Definition of Terms. The term "exclusive service area' shall mean that the area so described shall receive water service only from the public agency designated herein to which said area is assigned, subject to the provisions of service in said area by the other public agency, as herein set forth. Section 3. Designation of Service Areas. Attached hereto and incorporated herein by reference, marked Exhibit "A ", is a map designating the service areas herein assigned. The duplicate originals of ;:aid Exhibit "A" are on file in the office of the City Clerk or the City and in the office of the Secretary of the Distritt� A. Exclusive Service Area of City. The exclusive service area of the City shall consist of the area marked in Green on Exhibit "A" attached hereto and the entire area lying Westerly thereof together with that area Northerly of the Centerline of Section 19, T.1 N.R. 3 W. 1S.B.B, & M. and its easterly prolongation which is not mark=_d in red on Exhibit "A", -3- Y a` r 1 2 3 4 S 6 7 5 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 Z6 27 28 29 30 31 32 together with that area Southerly of Third street and West of Alabama Street or its Southerly prolongation. B. Exclusive Service Area of District The exclusive service area of District shall consist of the area marked in red on Exhibit "A" attached hereto and the area lying Easterly thereof which lies Southerly of the prolongation of the centerline of Section 19 in an Easterly direction and Northerl of Third Street West of Alabama Street and the entire area which lies Southerly of said prolongation of Section 19 East of Alabama street. Section 4. Consent to Service. Either public agency may, by written consent, authorize the other public agency to provide water service within the exclusive service area of the agency giving the consent. In the event that either City or District refuses to serve any area within its exclusive service area when the landowners within said area are ready, willing and able to comply with the rules, regulations, conditions and payments established by the serving agency, then and in such event, the other serving agency shall be entitled to serve such area without the prior written consent of the agency so refusing service. Section 5. No Requirement for Service. The designation of the service areas as herein set forth shall be for the benefit of the public agencies herein contracting and not for the lands or owners of land within the areas so designated. Nothing herein contained shall be construed as to require either of the public agencies to furnish water service to any particular parcel or parcels of land within any of the areas herein designated. Each of the public agencies does hereby reserve any and all rights that they now have or may hereafter acquire to refuse service to any parcel or parcels of land within any of the areas herein designated and to impose such rules, regulations, ..4_ 1 conditions, tolls, charges, assessments, rates, limitations and 2 restrictions as they deem fit for the furnishing of a water 3 service or the continuation thereof. 4 Section 6. Property., 5 The designation of exclusive service areas, as herein set 6 forth, shall not preclude either pub3i2 agency from acquiring 7 water produding facilities within the exclusive service area of 8 the other public agency.. District has acquired and will acquire 9 in the future certain rights to the use o£ the flows of West 10 Twin Creek and East Twin Creek. City agrees that it will not 11 object to the use of the water so acquired within the exclusive 12 service area of District. City has acgci.red and may acquire in 13 the future the rights to certain flows cf East Twin Creek. District 14 agrees that it will not object to the ise of such water in the is exclusive service area of City. Neither public agency shall, 16 without the consent of the other publi, agency, acquire or attempt 17 to acquire by merger, consolidation, condemnation or otherwise, 18 any property, systems or works of the ether public agency. 19 Section 7. Nature of Water Supp17 ro be Furnished by 20 District. 21 All water to be furnished by the District under the terms 22 of this agreement shall be furnished to City as a body politic 23 and not to the inhabitants thereof, otherwise than as the same 24 may be supplied to said inhabitants by City through its own dis- 25 tributing system and under its own exclusive control. 26 The water supplied to City by Disrri.ct shall be temporary in 27 its nature and no right to the continued use thereof, either by 28 the City, or any of its inhabitants, shall be established by the 29 delivering of water from District to City, and no covenants, 30 either express or implied, for the continued delivery of water 31 from District to City or to the inhabitants of City, shall be 32 inferred from this agreement. -5- 1 2 3 4 s 6 7 8 9 10 11 12 13 14 Is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 All rights to the continued beneficial use of any water delivered by District to City are hereby reserved to District for and on behalf of District and the landowners within its bound. aries; it being expressly understood and agreed that the water delivered by District to City will ultimately be withdrawn from City and used within the boundaries of District. Any and all rights acquired by the extraction of water furnished hereunder from the wells of District or the wells of City used for substitute extraction shall inure to the benefit of District, and City shall not acquire any right, title or interest therein or thereto. The beneficial use of the water so extracted from said wells and delivered to City shall be consider- ed to be a use for the benefit of District and for the future requirements of lands within the boundaries of District. It is specifically agreed that the water delivered to City is not designated, set apart, or devoted to the purpose of sale, rental or distribution to the inhabitants of City, and is not impressed with a public use for the benefit of City or any of its inhabitants,. It is further agreed that in the execution of this agreement and the use of water delivered to City, the City is acting in its proprietory and not its legislative capacity, and that this contract constitutes a single sale of surplus water on a temporary basis. Section 8. Term of Agreement Relating to Delivery of Water. The provisions of this agreement relating to delivery of water by District to City shall commence upon the execution hereof and terminate on the let day of January, 1972. Upon such termination, all rights and obligations under this agreement for delivery of water shall terminate and end, except the payment to the District for water delivered prior to such termination date. Section 9. Place of Delivery of Water. The points of delivery of water from : Ristrict to City shall -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 be on the westerly boundary of Distric =ls. plant No. 24 at the intersection of Harrison Street and 1,yiwood Drive and at plant No. 11 at the intersection of Sixth Street and Pedley Road. The District will install, at its own cos = and expense, from its plant No. 24 a line and adequate equi.p'nent to deliver water to City at said point at a maximum rate oc 2,000 gallons per minute. District will further install, at its cost and expense, at plant No. 11 a line and adequate equipment to deliver water to City at a maximum rate of 2,000 gallcn> per minute. District will also install, at its own cost and expense, flow- meters for the measurement of water delivered tc ,ir.y at plant No. 24 and plant 1o. 11 where the same can be inspected at all times by representatives of City and District. City will install, at its own cost, and expense, lines from the boundaries of plants 24 and 11 to the City mains of sufficient capacity to receive a maximum delivery of 2,000 gallons per minute a� each plant. Section 10. Quantities of Water ':o be Delivered by District. During each contract year of the rem of this agreement and until termination hereof, District agrees to deliver and City agrees to accept 3,000 acre -feet of wai_ert The contract year shall consist of successive one year periods commencing with the date of the execution hereof. Section 11. Rate and Time of Del.very of Water. The maximum rate of direct delivery from District to city will be 4,000 gallons per minute. Delivery may be made to City by District at such lesser rate as shall be determined by District The time or times throughout the contract year that delivery will be made by District to City shall be by the mutual agreement of the parties; provided, however, that neither perty shall establish times or quantities of delivery that will make it im- possible for District to deliver 3,000 acre feet of water to City during each contract year. ..J- yi } 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 12. Substitute'Extraction. During any contract year delivery of up to 1,000 acre feet of the-.water to be furnished to City by District hereunder may be made by means of substitute extraction. In such event, City will pump water owned and furnished by District from pumps and wells owned by City. In the event that City desires to accept delivery by substitute extraction, District shall designate such wells to City to be used for the extraction of District water for delivery to City, and at said time shall designate the wells of District for which substitute extraction will be made. In pump.. ing water by means of substitute extraction, it is hereby agreed that City will be acting as the agent for District, and that all water pumped by City by substitute extraction shall be delivered to City, pursuant to the terms hereof, as District water at a point located at the discharge of the pump being so operated. City hereby agrees that at such times as it pumps water by sub- stitute extraction that all water so pumped is the property of the District and subject to all of the terms hereof. All water pumped by City as substitute extraction hereunder and as the agent for District shall be reported pursuant to the recordation acts of the Water Code as being pumped by District and as extraction from the wells designated by District. City shall not report or record any pumping performed by it pursuant to the terms hereof as substitute extraction, nor make any claim in or to the water so pumped. Water delivered from District to City under substitute extraction shall be paid for by City at the rate of $1.50 per acre foot in lieu of the charges set forth in Section 13 hereof. Water delivered by substitute extraction shall be measured and reported by City to District either by flow -meter or other measuring method satisfactory to District. Except for the difference in purchase price, the water ..g.. e 1 2 3 4 III 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 delivered by District to city by substitute extraction shall be subject to all of the terms and provisions hereof relating to the delivery of any water from District to City. Section 13. Payment by City to District. City agrees to pay District $14.45 per acre foot for all water de " >ivered to City from Plants 24 inc 11 pursuant to the terms of this agreement. The price thus established has been determined by District to be the actual cost per acre foot for delivering water to City at Cityts main. In the event that the cost of fuel or power used for the development of any of said water supply is increased during the t:erm of this agreement, the amount to be paid by City to District per acre foot shall be proportionately increased to reflect the = ncreased cost of producing said water. Payment shall be made by City to District monthly for all water delivered to City in the month next preceding. Payment shall be based upon the quantity of water delivered as shown by the meter installed by District and measurements of water delivered by substitute extraction and in accordance with monthly statements from the District to the City. Each monthly statement shall be accompanied by a written rep-rt showing the quantity of water obtained by the City from a well or wells of the District and /or the quantity of water obtained ly the City from District by substitute extraction and /or the quantity of water obtained from any other source in the exercise cf a prescriptive right of District. Section 14. Arbitration. All controversies arising out of the interpretation or application of this agreement relating to service areas or the refusal of either public agency to perform. the whole or any part thereof relating to service areas sha7.:. be settled by arbitration in accordance with the provisions of this section and where not -9- 1 2 3 4 3 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 23 26 27 28 29 30 31 32 provided by this section in accordance with the statutory provisions of the State of California then in force. The controversy shall be submitted to a board of three (3) arbitrators which shall be appointed, one by the City, one by the District, and the third by the first two. The public agency desiring arbitration shall notify the other public agency by a written notice stating the following; (1) that it desires arbitration, (2) the controversy to be arbitrated, �3) that it has appointed its nominee, and (4) that it requests the other public agency to appoint its nominee. Within thirty (30) days from the receipt of said notice the other public agency shall appoint its nominee. Within fifteen (15) days after the last public agency has appointe its nominee, the two nominees shall appoint the third. None of the arbitrators shall be a resident of, or taxpayer in, or own property in, or have a place of business in, or be employed in or by, or be an officer or employee of either public agency, The arbitration board shall hold at least one hearing and at least ten (10) days before said hearing shall give each public agency written notice thereof. The arbitration shall be restricted to matters relative to that stated in the notice requesting arbi- tration. The arbitration board shall have no authority to add to or subtract from this agreement. Each public agency shall be given an opportunity to be heard and to present evidence, Upon conclusion of the hearing or hearings the arbitration board shall reduce their finding of fact, conclusions of law and the award to writing, and shall sign the same and deliver one signed copy thereof to each public agency. Such award shall be final and binding upon both public agencies. A majority finding shall govern if the arbitratoirst determination is not unanimous. Each public agency shall pay its own expenses, including the expenses of the artibrator which it nominates. The expenses of the third arbitrator, and the administrative costs of the arbitration _10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 25 29 30 31 32 proceedings shall be shared equally. Section 15. Severability. If any section, subsection, sentence, clause, phrase or word of this agreement, or the application thereof, to either public agency, or to any other person o, circumstance is for any reason held invalid, it shall be deemed severable, and the validity of the remainder of the agreement: or the application of such provision to the other public agency, or to any other personsi or circumstances shall not be affected thereby. Each public agency hereby declares that it would have entered into this agree- ment and each section, subsection, sentence, clause, phrase and word thereof irrespective of the fact that one or more section, subsection, sentence, clause, phrase ox word, or the application thereof to either public agency, or and' other person or circum- stance be held invalid. Section 16. Effective Date. This joint powers agreement shall be valid and binding'as of the date of execution thereof by the last party to execute the same. IN WITNESS WHEREOF, each public agency has caused this instrument to be executed by its respe.:tive officials theretofore duly authorized by the legislative bodies thereof. EAST SAN BERNARDINO COUNTY CITY )F SAN BERN INO WATER DISTRICT t- g BY.. rest eat _ —�' y° CO�IGNED: ATTEST: �� ecretary y CleTK Signing date• igning date-. WATER COMMISSION 0 THE CITY OF SAN BE 0 By•44 a rman -11- ay 1 2 3 4 5 6 7 3 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 23 29 30 31 32 S E A L COUNTERSIGNED: By:.� ecre ary / Signing date; -12- to r torneks for the Board of ter Commissioners of the ty of San Bernardino I RESOLUTION N0. I /5Y 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN.BERMARDINO AUTHORIZING THE EXECUTION OF A JOINT POWERS 3 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE EAST SAN BERNARDINO COUNTY WATER DISTRICT PERTAINING TO THE SALE OF WATER 4 TO SAID CITY AND THE DESIGNATION OF UCLUSIVE WATER SERVICE ARRAS TO SAID CITY AND SAID DISTRICT, 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION ONE: That the City of San Bernardino enter into 8 and execute a Joint Powers Agreement with the East San Bernardino 9 County Water District pertaining to the sale of water to said 10 City and the designation of exclusive water service areas to said 11 City and said District. 12 SECTION TWO: That the said Joint Powers Agreement referre 13 to herein, a copy of which is attached hereto, marked Exhibit "I" 14 and is hereby referred to and made a part hereof as fully as 15 though set out at length herein, is hereby approved, subject to 16 modifications set forth below. 17 SECTION THREE: That the Mayor of the City of San B�rnardb 18 is hereby authorized and directed to execute said Joint Powers 19 Agreement on behalf of the City of San Bernardino. 20 SECTION FOURt Prior to the execution of said Joint Powers 21 Agreement, referred to as Exhibit "I" herein, it shall be 22 modified in the following respects: 23 Section 1• 24 The last sentence of SECTION ONE, Page 3 of said Agreement 25 shall be modified to read as follows: 26 "This Agreement may be amended or modified by said Public 27 Agencies by mutual consent and shall continue until terminated by 28 said Public Agencies by mutual consent but in any event this 29 Agreement shall terminate fifty (50) years from the date hereof." 30 Section 3, Paragraphs A, and B. 31 A. Exclusive Service Area of City 32 The exclusive service area of the City shall consist of 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 the area marked in Green on Exhibit "A" attached hereto and the entire area lying Westerly thereof together with that area North- erly of the Centerline of Section 19, T. 1 N. R. 3 W. S.B.B.& M. and its easterly prolongation which is not marked in red on Exhibit "A ", together with that area Southerly of Third Street and West of Alabama Street or its Southerly prolongation. E, Exclusive Service Area of District The exclusive service area of District shall consist of the area marked In red on Exhibit "A" attached hereto and the area lying Easterly thereof which lies Southerly of the prolonga- tion of the centerline of Section 19 in an Easterly direction and Northerly of Third Street West of Alabama Street and the entire area which lies Southerly of said prolongation of Section 19 seat of Alabama Street, SECTION FIVES Said Joint Powers Agreement shall not be executed unless and until Exhibit "A" attached thereto has been modified to incorporate the above now water service areas.' I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a h/- meeting thereof, held on the ch�. ds of 1965, by the fn11nv4ne wrote. to nit¢ " i City Clark The fore ing Resolution is hereby approved this day of 1965. Approved as to forma Mayor o e City o an rnar no '2ALPFI !i. ;� .. ty toraey EDchibit "A" J f t L section 3. OL A. Exclusive Service Area of City The exclusive service area )f the City shall consist of the area marked in Green on :xhibit "A" attached hereto and the entire area lying Western, thereof together with that area Northcrly o h ne c f te Cot:1'' of Suction 1.9, T.1 N. h.3 W. 5.73.I1.fi M. and its easterly prctc:ngation which is not marked in red on Exhibit "A ", together with that area South- erly of Third Street and West of Alabama Street or its Southerly prolongation. ll. I:xcln ,i.vc Scr.vice Area of U:stri. r.t The exclusive service arc❑ of District shall consist of the area marked in red o n Exhibit "A" attached i hereto and the area lying Easterly thereof which lies Southerly of the prolongation of the centerline of Section 19 in an Easterly direction and Northerly of Third Street West of Alabama Street and the entire area which lies Southerly nC :n l prol.<ntgni ion of c;P(,Hnn 1.9 cast of Alabama Street. r ("'p, AMENDIMENT `JOINT PONERti AGHEEc1ENT UE^4lt�5 / BETWEEN THE CITY OF SAN BERNARDINO A+•D EAST SAN BERNARDINO COUNTY 1.7rlTER DISTRICT THIS AMENDMENT, dated this day of 1980, between the CITY OF SAN BERNARDINO, hereinafter called, "CITY" and EAST SAN BERNARDINO COUNTY WATER DISTRICT, hereinafter called, "DISTRICT" in the County of San Bernardino, State of California, is made and entered for the purpose of amending the Joint Powers Agree- ment of 1957 between the City and said D°_strict for the collection, treatment and disposal of sewage. TIiIS AMENDMENT REPLACES SECTION 7 OF.THE 1957 AGREE- MENT AND RESCINDS SECTION 10 OF THE 1957 AGREEMENT. .SECTION 10 of the Joint Powers Agreement of 1957, Arbitra- tion, is hereby rescinded. SECTION 7 of the Joint Powers Agreement of 1957, Payments by District, is hereby rescinded, and is replaced by this amendment which will establish payment by District and City and others for the cost of regional facilities_ PART 1. DEFINITIONS The following definitions shall apply to this amendment. A_ Dwelling Unit Equivalent (DUE) The volume of sewage flow and pollutant load discharge re- quired by one typical single family dwelling is as described in Part 9 of this amendment, and further described in Exhibit 1, attached hereto; and incorporated by reference as part of the Joint Powers Agreement_ B. Regional Costs All of the costs attributable to regional facilities, as enumerated in Part 6 of this amendment. C_ Regional Facilities Those sewer facilities used by the City, the District, and others, including the East Trunk Sewer, Sewage Disposal Works, Treat- ment Plant, Trunks and Disposal Works and such additions and improve- ments to the regional facilities as may be required for adequate treat- ment and disposal. Present regional facilities include the wastewater treatment facilities and outfall sewer lines and interceptors of said City, which carry District sewage. (Regional facilities as they relate to the District are only those shown in Exhibit 5)_ D. Regional Sewer Users The total number of Dwelling Unit Equivalents served by parties to Joint Powers Agreements. -1- PART 2. REGIONAL COST SUARING All of the costs so attributable to regional facilities and subject to Joint Powers Agreements wi 21 be shared by the City and District, and other parties to such Joint powers Agreements in proportion to the number of equivalent reement.`�lA regional boundaries of each member of such Joint Powers wers Ag Ag 5 cost per Dwelling Unit Equivalent will be d °termined at. the close of each fiscal year by dividing the total regional costs outlined in Part 6 of this amendment by the number of regional sewer Dwelling Unit Equivalents. Each agency will be respons.�.ble for the regional costs for the number of Dwelling Unit Equivalents attributable to such agency's customers_ PART 3. REGIONAL CHARGES 'The City and District each agree to adopt uniform regional sewer rate ordinances and /or Resolutions as required to fix the charges applicable to Regional Facilities and Treatment Charges (See Exhibit 2, excluding Section 2, thereof) and a uniform base fee for Treatment Capacity to meet future increased treatment demand. (See Exhibit 3, Section 2a and 2b and Exhibit S (but excluding Section la and lb of Exhibit 3)_ PART 4. DWELLING UNIT EQUIVALENTS The City received grant assistance from the U.S. Environ- mental Protection Agency and the California Water Resources Control Board 1"P the design and construction of the joint facilities. Grant recipients are required to levy service charges in proportion to each user's demand on the sewerage facilities to recover all operating costs. Demand on the sewerage system is measured in flow in gallons per day (gpd), biological oxygen demand (BOP) and in milligrams per liter (mg /1), and suspended solids (SS) j.n milligrams per liter (mg /1)_ Each customer's demand on the system shall be expressed as Dwelling Unit Equivalents. A Dwelling Unj.t Equivalent is defined as the sewage flow and pollutant load discharged by one typical single - family dwelling. Assignment of Dwelling Unit Equivalent to customers is described in Exhibit 1 of this amendment, which is made a part hereof. PART 5. RESIDENTIAL AND COM,,IERCIAL USERS Recovery of costs to meet total operating revenue require- ments shall be from Residential Dischargers and Commercial Dischargers. Residential Dischargers shall be any residential dwelling unit which if located within the City does not require a City Business License for occupancy and operation thereof, Single Family Dwelling (1 Unit), Duplex (2 Units), Triplex (3 Units). Commercial Dischargers shall include all dischargers other than residential, which if located within the City require a City License for occupancy and operation, including apartment houses and mobile homes or other such living quarter facilities in excess of a triplex or three unit complex. -2- PART 6. REG_JNAL COSTS At the end of each fiscal year the City shall determine a total cost of the regional facilities based upon an independent audit, including, but not limted to the following- A. Direct Expenses of Treatment Maintenance and Operation Salaries Chemical supplies, fuels and energy Repair and maintenance materials Operations of joint facilities by Water Utility Engineering and other Professional Services other direct costs of regional facilities SUBTOTAL B. Indirect All Expenses in Administrative and Overhead.. salaries Employee Benefits Water Utility Administration Services Chargeable to joint facilities Other indirect.costs chargeable to joint facilities SUBTOTAL TOTAL MAINTENANCE AND OpM:rLION CHARGES C. Capital Expenses Public Safety Authority Rental Payments. Regional Facilities Bond Service Regional Facilities Annual Capital Improvements Regional Facilities Depreciation Regional Facilities Capital Improvement Reserves SUBTOTAL D. Operating Reserves As required to meet Covenants of Sewer Revenue Bonds as set forth in the City of San Bernardino's Resolutions uumhers 4708. 5532 and 9333. SUBTOTAL E_ Differential Differential between audit and proposed budget. Adjustment between prior year's differential and prior year's audited expenses. SUBTOTAL TOTAL EXPENSES The indirect allocated expenses shall not include any ex- penses allocated to billing, posting and collecting of sewer user fees nor any other expenses of the Department not allowable to region- al facilities. -3- The total annual operating revence rJL - rements shall be the total annual expenses set forth in paragraphs, A, B, C and D of this Part 6. PART 7. STANDARD DWELLING UNIT i:QUIVALENT ASSIGNMENT, MONITORI All users of regional facilities are to implement the uniform use and assignment of Dwelling Unit Equiva''_ents as specified in this amendment,including Exhibit 1 hereto, to al' customers using regional facilities not later than' October 1,_ 1979. _ City will employ consultants to assist in the assignment c`: Dwelling Unit Equivalents throughout service areas of all users o° regional facilities; fees for such consultant services will be charged to the regional facilities. A staff team made up from staff members from. the user agencies will be trained to assign service units and to. periodically monitor such assign- ment throughout all users of the regional facilities to ensure the uniformity of such assignment. PART 8. SEPARATION OF FUNDS The City and the District agree that any funds relating'to the joint facilities will be subject to separate accounting and that such funds shall not be used for any purpose other than joint facili- ties. PART 9. LOCAL CHARGES The City and District retain and reserve the right to levy charges in addition to the rate per Dwell:ng unit Equivalent for joint facilities in establishing the monthly sewer charges to'users in each of their respective sewer service areas_ Regional facilities revenues are restricted to regional facilities. . PART 10. REGIONAL CAPACITY CHARGE City and District shall impose a regional capacity charge of $300 for each dwelling unit or equivalent dwelling unit of commercial service beginning on February 15 , 1980- On October 1, 1980 and each October 1st thereafter, the regional capacity charge shall increase in proportion to the most recently published 12 month increase in the Construction Cost Index published in Engineering News- Record, a. publication of McGraw Hill, Inc., but not Less than 10 percent, to the nearest $5.00 increment. However, the Water Board may at its option determine by Resolution, adopted prior t.c October 1st, that such an increase shall not be effective for the next succeeding year_ Funds collected from said source shall be used exclusively to finance the ex- pansion of capital improvements or additions to the regional treatment facilities. It is mutually agreed that the City capacity in the regional facility available t said future user has paid a Regional Capacity equal to or greater than the Regional Capzlcity -4- will not make treatment o any future user unless Charge of an amount Charge then in effect. PART 1 . PAYMENTS BY DISTRICT As compensation to the City for services rendered in the providing of treatment capacity, the treating and disposing of waste discharged by the District into said East Trunk Sewer or other sewers adjacent to the District, the District shall pay to the Board of Water Commissioners at the end of each monthly period, or other period established by the District for imposing and collecting sewer service charges the aggregate of R, egional Facilities and Treatment Charges and Regional Capacity Charges as above indicated_ Any amount of said payment which is in dispute shall be paid to the City with a notation that it is paid under protest and shall be repaid at a later time if so decided by any appropriate court of law. Payments due at the end of the period specified above shall be paid within thirty (30) -days of said due date. Payments not.made within said thirty (30) days shall bear interest at the rate of the current-prevailing prime rate of interest per annum from the date thereof until paid. Since the payments are to be made for services rendered, there will be no surplus money and so there should be no surplus money on hand at the termination of this agreement after the accom- plishment of said purpose, but if there is any, it shall be returned in proportion to the contributions made. z IN WITNESS WHEREOF, the parties hereto have caused these instruments to be executed by their respective officers thereunto duly authorized the day and year first written above. APPROVED AS T /O' /FORM: CITY OF SAN BY ATTESTED:( EAST S4�,6 BERNARDINO COUNTY WATER DISTRICT ATTESTED: Bonnie R. Eastwood, Secretary FARRFLL & FARRELL tp- ��ttornery #or District Rn"o f- arre IdETFIOD TO IM °LEMELJT^ ..PIIF0P-M SEWER USER CHFIR.GES General The purpose of this Exhibit is to develop a. system of sewer rates and charges which fairly allocates the costs of providing sewerage service to all classes of sewer users vi.thi.n the regional service area. The procedure will allocate cocws on the basis of. sewerage flow and strength and will result in a cser charge nethod which as in accordance with the latest Revenue program Guidelines developed by the State Water Resources Control Board.. Method to_Allocate Regio al Expenses All equivalent users in region pay the same for regional expenses. Definition of Equivalent Sewer User A sewer user requiring an estimated design capacity of gallons per.day of average domestic strength sewage - 1 unit_ Domestic Strength = ( mq /1 BOD and mg /1 S'S) Use flow and strength estimates from latest Engineering Report - Residential user assignments based on flat rates: single family dwellings = I unit' Duplex = 2 units Triplex = 3 units All other user assignments basedon Flow (measured or estimated) and strength (sample or standards) Non - residential User Assignments Measure water consumption for every non - residential user using records from local agencies_ - Estimate water consumption only if records not available or compare to similar users using winter flow normally. - Use sampling or determine sewage strength_ For high strength industry and large commercial users hire engineer- ing laboratory. One time charge (at cost) to each industrl tested. This would probably involve 20 to 30 in the regic For non -major industrial an6 commercial users use strength reconunendatlons in Revenue Program Guidelines. Develop a formula to assign sewer user units- E -1 For high strength users the formula relates to costs to sewage flow and strength. Determine total namber of sewer units Total Regional . Expenses - Regional cost per unit = Tota�gional Server Units within the Regional Service Area Estimate 70 -80% of all users are residential Estimate 70 -90t of all non-.residential users are domestic strength Therefore, between 20 and 9% of users are high strength Few high strength users require sampling Verification of User' Assignments Sewer user assignments' and other* cost allocation records shall be available to all parties to this Agreement.at any time upon reasonable notice. User assignments shall be updated and monitored continuously by the local agencies. Verification of sewer user assignments shall be by field and office checks by representatives of each agency on a regular basis, but not less frequently than every three years. E -2 EAST TRUNK 5�'VIVER EXHIBIT 5 .JOINT POWERS AGREEMENT 1 2 3 4 5 6 7 8 9 10, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT OF 1965 AMONG THE CITY OF SAN BERNARDINO, ITS BOARD OF WATER COMMISSIONERS, AND THE EAST VALLEY WATER DISTRICT, FORMERLY KNOWN AS THE EAST SAN BERNARDINO COUNTY WATER DISTRICT. (WATER) BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a First Amendment to the Joint Powers Agreement of 1965 among the City of San Bernardino, its Board of Water Commissioners, and the East Valley Water District, formerly known as the East San $ ernardino County Water District, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the - i7t day of _ ,.1984, by the following vote, to wit: r AYES: Council NAYS: ABSENT: -SHAuNA The foregoing resolution is hereby approved this &yt— day of �j&& J _, 1984. W. 1? un: nnuo Approved as to form: > City A torney e no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST AMENDMEN" TO THE JOINT POWERS AGREEMENT OF 1965 AMONG THE CI'1Y OF SAN BERNARDINO, ITS BOARD OF WATER COMMISSIONERS, AND THE EAST VALLEY WATER DISTRICT, FORMERLY KNOWN AS THE EAST SAN BERNARDINO CUNTY WATER DISTRICT This First Amendment to the Joint Powers Agreement of 1965 is entered into among the City of San Bernardino, a municipal corporation, hereinafter referred t:) as "City ", the Board of Wate Commissioners of the City, hereinafter referred to as "Board ", an the East Valley Water District, a County water district organized and existing under Division 12 of the Water Code, which was formerly known as the East San Bernardino County Water District, and hereinafter referred to as "District ". WHEREAS, each of said agencies can more economically serve certain areas within their respective service areas; and WHEREAS, it is to the mutual benefit of said agencies that the service areas of each of said agencies be delineated so that proper planning can be made for expansion and extension of existing services and the installation of new services; and WHEREAS, said public agencies are authorized to contract with each other for the joint exercise of any common power under Article 1, Chapter 5, Division 7, Title 1 of the Government Code; NOW, THEREFORE, the City of San Bernardino, its Board of Water Commissioners, and the East Valley Water District, for and in consideration of the mutual promises and agreements hereinafter I stated and the performance thereof, and for other , valuable and adequate consideration, do promise and agree for and on behalf of themselves and their :successors in interest as follows: EXHIBIT 4 1 2 3 4 5 6 7 8 9 10 11 12 1? 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Recitals- 1 . This agreement is made under the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code, and is for the purpose of amending that certain Joint Powers Agreement of 1965, hereinafter referred to as "Agreement ", made between the City and the District. 2. The parties now desire to amend the Agreement to designate respective service areas and to provide for an annual contract for delivery of water from either agency to the other, for annexations by City without opposition, for delivery by City of water to City residents to reduce costs, for billing and collection for refuse services by District, and for cooperation in acquisition of water sources. B. Amendments. 1. Section 3 of the Agreement is amended to read as follows: "Section 3. Designation of Service Areas. Attached hereto and incorporated herein by reference, marked Exhibit 'A' and Exhibit 'B', are two maps designating the service areas herein assigned. A. Exclusive Service Area of City. The exclusive service area of the City shall consist of the area marked on Exhibit 'A' attached hereto and incorporated herein. B. Exclusive Service Area of District. The exclusive service area of the District shall consist of the area marked on Exhibit 'B' attached hereto and incorporated herein." 2 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Section 7 of the Agreement i= amended to read as follows: "Section 7. Nature of Water Supply to be Furnished. All water to be furnished by the City under the terms of this Agreement shall be furnished to the District as a body politic and not to the inhabitants thereof, otherwise than as the same may be supplied to said inhabitants by the District through its own distributing system and under its own exclusive control. The supplying of water by City to District shall be temporary in its nature and no right t:o the continued use thereof, either by the District or �.ny of its inhabitants, shall be established by the delivering of water from City to District, and no covenants, either express or implied, for the continued delivery of water from City to District or to the inhabitants of District shall be inferred from this Agreement. All rights to the continued beneficial use of any water delivered by City to District are hereby reserved to City for and on behalf of City and the landowners within its boundaries, it being expressly understood and agreed that the supplying of water by City to District will ultimately be withdrawn from District and such quantities of water will be used within the boundaries of City. All water pumped by either City or District shall be reported pursuant to the recordations acts of the Water Code as being pumped by the appropriate entity. Neither City nor District shall report or record any pumping performed by it pursuant to the terms hereof as substitute extraction, nor make any claim in or to the water so pumped. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 It is specifically agreed that the water delivered to District is not designated, set apart, or devoted to the purpose of sale, rental or distribution to the inhabitants of District and is not impressed with a public use for the benefit of District or any of its inhabitants. It is further agreed that in the execution of this agreement and the use of water delivered to District, the District is acting in its proprietary and not its legislative capacity, and that this contract constitutes a single sale of surplus water on a temporary basis." 3. Section 8 of the Agreement is amended to read as follows: "Section 8. Term of Agreement Relating to Delivery of Water. Notwithstanding the provisions of Section 1, the provisions of this Agreement relating to delivery of water, including this Section and Sections 7, 9, 10, and 11, by District to City or City to District, shall commence upon the execution hereof and terminate on the first day of each January during the term of this Agreement. The provisions relating to delivery of wafer by District to the City or City to District may be renewed annually by mutual consent of the parties, expressed by resolution of the respective governing bodies, during the term of this Agreement. Upon each such termination, all rights and obligations under this Agreement for delivery of water shall terminate except the obligation for payment to the District or City for water delivered prior to such termination date." 4. Section 9 of the Agreement is amended to read as follows: 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Section 9. Place of Delivery of Water. The points of delivery of water from District to City or City to District shall be those existing on the date of execution of this Agreement and such other points as may be mutually agreed to by the governing bodies of the respective water agencies expressed in writing.' 5. Section 10 of the Agreement is amended to read as follows: "Section 10. Quantities and Cost of Water to be Delivered by District or City. During each contract year of the term of this agreement and until termination hereof, the quantity and cost of water to be delivered by District or City shall be determined by the mutual agreement of the parties upon annual renewal of the delivery agreement." 6. Section 11 of the Agreement is amended to read as follows: "Section 11. Rate and Time of Delivery of Water by District to City or City to District. = During each contract year of the term of this Agreement and until termination hereof, the rate and time of delivery of the water by the District or City to the other entity shall be determined by the mutual agreement cf the parties upon annual renewal of the Agreement." 7. Section 12 of the Agreement relating to Substitute Extraction is rescinded and is replaced by the following new section: "Section 12. Annexations. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In the event the City wishes to annex territory within the District or District's sphere of influence, excepting those areas east of Plunge Creek, for other than the purpose of providing water or sewage service, District will not oppose or take any action to discourage annexations by the City in such areas." 8. Section 13 of the Agreement relating to Payment by City to District is rescinded and is replaced by the following new section: "Section 13. Water Service to City Residents. Notwithstanding any other provision of this-Agreement, City may provide water to District in amounts sufficient to serve all or part of the residents within the District who are also residents of the City, as the City may determine in its discretion. The right of City to furnish District sufficient water for City residents is absolute and independent of any other provision between the agencies for supplying water. The City and District agree to act diligently to accomplish savings in District's costs of production and operation by delivery of City water to water users located within the corporate limits of the City who are also located within the boundaries of the District who are hereinafter referred to as "City users ". For such purpose, the following procedure shall be followed: a. District shall compute the District's annual average production and delivery cost per acre foot for the equivalent amount of water furnished by the City to District subscribers within the City, as established by the annual audit A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 report of the District. b. All reductions in costs of production for City users resulting from City's furnishing, of water to the District shall be passed on to City users who are receiving water from the IDistrict, together with such other savings to the District as can The measured in dollar amounts. C. Should the City elect tc make payments of all or part of the bonded indebtedness of the District that is now being amortized by either a Water User Charge or a Sewer User Charge, all such payments shall be applied to the credit of the City water or sewer users who are served by the District."' 9. Section 13.10 is added to the Agreement to read as follows: "Section 13.10. Refuse Collection. District shall bill and attempt to collect refuse charges to its customers who are served by the public services of the City. District shall be entitled to reimbursement by City for 1/2 of postage plus actual costs Incurred by District for such billing and collection, as reasonably determined by the District. At convenient intervals as determined by Distict, the District shall pay collected refuse charges only to the City, and District shall not be responsible for the collection of any unpaid accounts for such refuse charges. District shall report accounts to City which are unpaid for 60 days or more." 10. Section 17 is added to the agreement to read as follows: "Section 17. Notices. All notices, statements, iemands, requests, consents, 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 approvals, authorizations, agreements, appointments or designations hereunder shall be given in writing and addressed to the clerk or secretary of the governing body at the principal (office of each member of the Agreement." 11. Section 18 is added to the Agreement to read as 1follows; "Section 18. Assignment. The parties hereto shall not assign any rights or (obligations under this Agreement without the written consent of Ithe other party." 12. Section 19 is added to the Agreement to read as Ifollows: "Section 19. Cooperation of Parties. District and City will cooperate in the planning and acquisition of water supply sources, whether by construction, lease, purchase, or eminent domain, within the exclusive service areas of City and District as delineated on Exhibits 'A' and 'B' attached hereto." 13. Section 20 is added to the Agreement to read as follows: "Section 20. Additional Documents. The parties hereto agree upon request to execute, acknowledge and deliver all additional papers and documents necessary or desirable to carry out the intent of this Agreement." C. Effective Date. This First Amendment. to Joint Powers Agreement shall be valid and binding as of the date of execution thereof by the last 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . 18 19 20 21 22 23 24 25 26 27 28 party to execute the same. IN WITNESS WHEREOF, each public-, agency has caused this instrument to be executed by its respective officials theretofore duly authorized by the legislative bodies thereof, on the date and year hereinafter indicated. 1 ATTEST: Gay Clerk Approved as to form: City At orney DATED: DATED: IMP tl 0] CHE CITY OF SAN 4ATER COMMISSION OF THE CITY OF SAN BERNARDINO EAST VALLEY WATER DISTRICT BY 046M 41° r st ent By ecr F-� �,ro ',q , 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE JOINT POWERS AGREEMENT OF 1957 BETWEEN THE CITY OF SAN BERNARDINO AND EAST SAN BERNARDINO ,COUNTY WATER DISTRICT. (SEWER) BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 01' SAN BERNARDINO AS FOLLOWS: I SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Second Amendment to the Joint Powers Agreement of 1957 between the City of San Bernardino and East San Bernardino County Water District, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the Z5?A day of G . 1984. by the following vote, 17 11 to wit: 1s 19 20 21 22 23 24 25 26 27 2E AYES: NAYS: ABSENT: SHIAU,NA CLAP.K City Clerk The foregoing resolution is hereby approved this day of 1984. t +y_ P. HOLCOMH Mayor of the City of San Bernardino Approved as to form: City Attorney 0 1 2 3 4 5 6 8 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2E SECOND AMENDMENT TO THE JOINT POWERS AGREEMENT OF 1957 BETWEEN THE CITY OF SAN BERNARDINO AND EAST SAN BERNARDINO COUNTY WATER DISTRICT This Second Amendment to the Joint Powers Agreement of 1957 is made by the City of San Bernardino, a municipal corporation hereinafter referred to as "City ", and the East Valley Water District (formerly named the East San Bernardino County Water District), a County water district organized and existing pursuant to Division 12 of the Water Code and hereinaftetr referred to as "District ". WHEREAS, each of the parties hereto is a public. agency authorized and empowered to contract for the joint exercise of powers under Article 1, Chapter 5, Division 7, Title 1 (Sections 6500 et seq.) of the Government Code of the State of California; and WHEREAS, each of said parties has the authority and power to protect and preserve the quality of the surface and subsurface water supplies within their respective boundaries; and, WHEREAS, the parties hereto recognize the immediate necessity for planning, construction, operation, and maintenance of works and facilities for collection, transmission, treatment, disposal and reclamation of sewage, wastes, and wastewaters to protect water quality and to abate water pollution within the San Bernardino Valley area of the Santa .Ana Watershed. NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants herein contained, the parties hereto agree as follows: A. Recitals. 1. City and District entered into a Joint.Powers EY-.i ii..:; A I Agreement on January 7, 1958, (hereinafter referred to as 2 "Agreement") relating to the construction and operation of 3 ;facilities for the collection; treatment and disposal of sewage I ' 4 �within.certain geographic areas, which Agreement was amended 5 lNovember 19, 1980, in respect to payment by District for use of 6 Iregional facilities and establishing a regional capacity charge. 7 2. The parties now desire to amend the agreement to 8 add Exhibit "A" delineating the respective service areas of the 9 parties, to add.Exhibit "B ", a map of the East Trunk Sewer Line, 10 !to provide for payment by District of construction costs of i1 additional interceptor capacity, to provide that City will not 12 loppose annexations which District shall initiate nor act to merge, 13 1consolidate or dissolve District, to set a regional capacity i 14 Icharge of $1,230.00 per connection, to provide that funds 15 (pursuant to this Agreement will be restricted funds, to provide 16 for a surcharge in certain areas for facilities expansion, and to 17 create an Inland Empire Wastewater Advisory Board. 18 B. Amendments. 19 1. Section 2.10 is added to the Agreement to read as 20 follows: 21 "2.10 The sewerage service areas of the public 22 lagencies utilizing the City regional wastewater treatment 23 facility are more particularly described in Exhibit 'A' attached 24 25 26 27 2B hereto and incorporated herein by, this reference. The territorial boundaries may be changed from time to time upon the approval of both the District and City." 2. Section 3 of the Agreement is amended to change the designation of Exhibit "A" therein to Exhibit "B ", and said 2 .Y 1 Exhibit "B" is attached hereto and incorporated herein by this 2 eference. 3 11 3. Section 4 of the Agreement is amended to read as 4 11follows: 5 "4. Right of District in Fast Trunk Sewer. 6 The District shall have and own, for the existence of 7 this Agreement, a right to discharge sewage into the East Trunk _ 8 Sewer or other sewers adjacent to the District at a point or 9 points on said sewers between the East. -West center line of, 10 Section 19, Township 1 North, Range 3 West, and'its prolongations 11 and Third Street (sometimes known as City Creek Road), as 12 described in Exhibit 'E', which is: attached hereto and made a 13 part hereof. All connections to said sewers for the purrose of 14 said discharge shall be made at the sole-cost and expense of the 15 District and shall be made under the supervision of =an officer or 16 employee designated by the City and shall be performed to the 11 satisfaction of and subject to the.approval of the City. The 18 District may, in accordance with Section 5 herein, discharge all 19 sewage enteiing any of,its sewage collection facilities into said 20 East Trunk Sewer or other sewers adjacent to the District. 21 District recognizes that the East Trunk Sewer and other 22, major interceptors are approaching capacity and agrees to pay.for 23 its proportionate share of any additional interceptor capacity 24 required. District will enact an interceptor expansion charge 25 for all facilities making use of the East Trunk Sewer, calculated 26 on the basis set forth in Exhibit 'C', which is attached hereto 27 land incorporated herein, and District shall deliver all such fees 28 Icollected to the City monthly as provided in Part 10, Section 7 3 . 1 2 3 4 5 6 7 8 9 10 11 )2 13 14 15 16 17 �. l8 19 20 21 22 23 24. 25 26 27 28 hereof. Said fees will be used by City to construct additional interceptor and trunk line capacity for the District. City 1warrants that interceptor and trunk line capacity thus constructed will be made available to District pursuant to IDistrict. needs." 4. Section 6 of the Agreement is amended to read as follows: "6. Service Areas, Right to Collect Charges. The City and the District agree that the areas within which each is entitled to provide sewer service and collect sewer service charges shall be as set.forth*in this paragraph. Neither public agency shall, without the written consent of the other, be entitled to provide sewer service and collect sewer service charges within any territory assigned to the other under this paragraph. a. City shall provide sewer service and collect charges therefor within the territory defined in Exhibit 'D' attached hereto and incorporated herein. b.' District shall provide sewer service and collect charges therefor within the territory defined in Exhibit 'E' attached hereto and incorporated herein_ In. addition, District shall adopt a resolution initiating procedures for annexation of the property exterior to' its boundaries as described in Exhibit 'F' attached hereto and incorporated *herein. City shall not oppose such proposal for annexation by the District. Further, City will take no action during the term of this Agreement which will in any way lead to the merger, consolidation or dissolution of the District.' 4 1 I 5. Part 10 of Section 7 of the Agreement is amended to 2 read as follows: 3 "Part 10. Regional Capacity Charge. 4 The City shall continue in force an ordinance requiring 5 adoption of a capacity fee by resolution which shall require the 6 capacity fee to be adjusted annually as provided for therein- 7 The capacity fee on the date of execution of this Agreement shall 8 be fixed at $1230.00 per residential unit and $4.40 per gallon 9 per day of estimated effluent for non-residential connections. 10 The capacity charge shall be reviewed and adjusted if required as 11 provided by City ordinance or resolution. 12 Funds collected from said source shall be used 13 exclusively to finance the expansion of capital improvements or 14 additions to the regional treatment facilities. .15 It is mutually agreed that the City will not make 16 treatment capacity in the regional facility available to any 17 future user unless, said future user has paid a Regional Capacity 18 Charge of an amount equal to or greater than the Regional 19 Capacity Charge then in effect. 20 - As compensation to the City for services rendered in 21 the providing- of treatment capacity, the treating and disposing 22 of waste discharged by the District into said East Trunk Sewer or 23 other sewers adjacent to the District., the District shall pay to 24 the Board of Water Commissioners at the end of each monthly 25 period, or other period established by the District for imposing 26 and collecting sewer service charges the aggregate of Regional 27 Facilities and Treatment Charges and Regional Capacity Charges as 28 above indicated. F1 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any amount of said payment which is in dispute shall be paid to the City with a notation that it is paid under protest and shall be repaid at a later time if so decided by any appropriate court of law. Payments due at the end of the period specified above shall be paid within thirty (30) days of said due date. Payments not made within said thirty (30) days shall bear interest at the rate of the current prevailing prime rate of interest per annum from the date thereof until paid_ Since the payments are to be made for services rendered, there will. be no surplus money and so there. should be no surplus money on hand at the termination of this Agreement after the accomplishment of said purpose, but if there is any, it shall be returned in proportion to the contributions made. 6. Section 8 of the Agreement is amended -to read as follows: 1'8. Records, Accounts, Inspection and Audit_ Both the District and City Water Department shall keep a complete. and up to date list of all persons and customers of every kind and nature (including public agencies of all types) discharging into or using its system and shall keep proper books of record and accounts in which complete and correct 'en tries shall be made of all transactions (including all receipts and disbursements) relating to the provision of sewer service and the collection of sewer service charges_ Said list, books of record and accounts shall be kept in such reasonable detail that the City or District can ascertain the aggregate charges which would have been collected by the City or District if the persons and 6 I customers served by the District or Cit.y which are emptying into 2 the District's or City's system had been located in the City or 3 District. Said list, books of record and accounts shall, upon 4 written request, be subject to inspection by any duly authorized 5 representative of the City or District. Said list, books of 6 record and accounts may be audited annually by an independent 7 certified public accountant or firm of certified public 8 accountants. A copy of the report of such accountant or 9 accountants shall be given to.each public agency. The District 10 or City shall notify the City or District within a reasonable 11 time before the audit is to commence of the identity of the 12 auditor or auditing firm. The expense of said audit shall be 13 shared by said public agencies equally.. The City or District 14 may, upor. written request, inspect the. District's or City's 15 sewage collection facilities at reasonable intervals. 16 Funds collected pursuant to this Agreement will be 17 placed in restricted funds pursuant to governmental accounting . 18 practices." 19 7. Section 10, "Arbitration ", was rescinded by the 20 amendment of 1980, and a new Section 10 is added to the Agreement 21 to read as follows: 22 "10. Access Charge for pump Stations, Trunk Lines, 23 Interceptors and Collectors. 24 District agrees that it will prescribe and collect a 25 rate and charge of $2.00 per month for any new service in an area 26 described in Exhibit 'H' attached hereto and incorporated herein 27 discharging into the regional wastewater treatment facilities. 28 District shall collect said fee and deliver said fee to the City 7 1 inonthly as provided in Part 10 of Section 7 hereof for expansion 2 IIIby the City of sewage pump stations, interceptors and collectors 3 !within the City boundaries to accommodate the increased sewage I 4 jflow generated by lands described in Exhibit '11' hereto 5 i ischarging into the regional wastewater facilities. Said fee 6 ;shall be adjusted annually in accordance with District i 7 ordinances." S ! 8. Section 10.10 is added to the Agreement to read as follows: 10 I "10.10 Creation of Inland Empire Wastewater Advisory 11 IBoard. 12 There is.hereby created an advisory board to be known 13 [as the 'INLAND EMPIRE WASTEWATER ADVISORY BOARD', hereinafter 14 Icalled 'Advisory Board'. The Advisory Board shall have the power 15 to (a) plan the acquisition, construction, maintenance and 16 Ito of the regional wastewater treatment plant and 17 `facilities as described in this Agreement; (b) to recommend the �. 18 I1issuance of bonds, notes, warrants, charges, fees and other 19 evidence of indebtedness to finance costs and expenses incidental 20 to t6 regional facilities; (c) to plan for expansion of the 21 wastewater facility to accommodate future growth; and (d) to 22 (exercise any other powers as may be conferred by the parties to 23 this Agreement. The public agencies eligible to become parties 24 to this Advisory Board are as follows: 25 I (i) City of San Bernardino; 26 (ii) East Valley Water District; 27 (iii) Such other public agencies as may hereafter be 28 ;declared eligible by unanimous vote of existing members. A I The City agrees it will not: take any action related to 2 its activities specified in (a), (b), (c) or (d), pursuant to 3 paragraph 10.10 of this Agreement without considering the 4 Advisory Board's recommendations submitted within a reasonable 5 time, and the City will not arbitrarily or capriciously reject 6 any such recommendation. 7 The Advisory Board shall be composed of the General 8 Manager of the District and the General Manager of the City's 9 Water Department." 10 9. Section 13 is added to the Agreement to read as 11 follows: 12 "13. Notice. 13 All notices, statements, demands, requests, consents, 14 approvals, authorizations, agreements, appointments or 15 designations hereunder shall be given in tiiriting and addressed to 16 the principal office of each member- of the Agreement." 17 10. Section 18 is added to the Agreement to read 'as 18 follows: 19 "18. Assignment. 20 - The parties hereto shall not assign any rights or 21 obligations under this Agreement without the written consent of 22 all other parties." 23 11. Section 19 is added to the Agreement to read as 24 follows: 25 1119. The parties hereto agree upon request to execute, 26 acknowledge and deliver all additional papers and documents 27 necessary or desirable to carry out the intent of this 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement." IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year hereinafter indicated. DATED: CITY OF SAN Approved as to form: -Azve City y Attorney Approved and Agreed: WATER COMMISSION OF THE CITY OF SAN BERNARRDDINO By—Oa/ �u �GLIiEI irmen - B Secretary 10 BY^ k te a � esi ent ��,'• l i+ BY / >Y� ..lire ai ' Secretary �i Attest: wa ' >' 1. Y., ityCler VALLEY WATER DISTRICT `AST Approved as to form: -Azve City y Attorney Approved and Agreed: WATER COMMISSION OF THE CITY OF SAN BERNARRDDINO By—Oa/ �u �GLIiEI irmen - B Secretary 10 BY^ k te a � esi ent ��,'• l i+ BY / >Y� ..lire ai ' Secretary ., "• �.Y _. ,_. � -r —{— {.� n...mw -� rry wwnm 0 �� ., 8 � ® ww r.w� r / U J� BOARD OF WATER CO.MYISSIONLRS IMIIIIYM YARGARET Y CHANDLER ROURT KYKN )LARII C4HZ ATA MA N& W. WILLIS November 3, 1992 WATER DEPARTMENT CITY HALL 300 N. "D- MEET 92418 • P.O. BOX 710 92402 SAN BERNARDINO, CALIFORNIA PHONE: (714) 384.5141 FAX: (714) 384.5475 f Mr. Bruce Parks Patton state Hospital 3102 E. Highland Avenue Patton, CA 92369 )BERNARD C KWSY Gdf.0 M... CHERYL A. FEO W ERS .m Qd MUY.W )MPH F. ErFPKAL a.eiea ,Aa.n.nro CYR+.M�q.Yfnrv✓..a WANE R NOVI* Post•lt" brand fax transmittal memo 7671 •etpspeR R Fro" 6 AM Dept. Pn0001 SUBJECTt Agreement for Joint Sewage Disposal By and Between the City of San Bernardino, East Valley Water District, and the State of California. Dear Bruce: The City of San Bernardino water Department is proposing certain amendments to the subject agreement, dated February 17, 1960, as agreed to in concept by each organization's representatives in meetings held March 31 and October 26, 1992. In general, the amendments are necessary to ensure that Patton State Hospital is paying its fair share, as are all others users of the regional Water Reclamation Plant (WRP), for costs associated with the treatment of wastewater. Because the WRP has been constructed and upgraded with federal grant and loan monies, we are required to follow guidelines established by U.S. Environmental Protection Agency (EPA) and the State of California Water Resources Control Board (SWRCB) for establishing rates. on a periodic basis, when the City revises rates, we first prepare a Revenue Program document. This document considers all sources of flow to the WRP, verifies all operations and maintenance costs, and demonstrates equitability of user rates based on use of the treatment facilities. The Revenue Program was written in accordance with user charge requirements resulting from the Clean Water Aot and must be a8nroved bj• thS WRCR. Any inequities charged either by San Bernardino or any other regional users of the WRP would result in nonapproval of the Revenue Program and discontinuation of any grants or loans from the State. All users of the WRP, be they residents of Loma Linda, Highland, Norton AFB, or San Bernardino are therefore paying their fair and equitable share of operating the facility. In order for Patton State Hospital to pay its fair and equitable share, the 1960 Agreement requires amendment. Mr. Bruce Parks November 3, 1992 Page 2 In 1991, the city of San Bernardino changed the rate structure for treatment charges to include a greater number of user groups; essentially, commercial users were divided into more specifically- defied in unit. the Revenue Program, treatment subsequently adopted by the Common council of the Cit;j of San Bernardino, and provided to the city of Loma Linda and East Valley Water District for adoption by users are paying boards. is bly whether or ensures or notthey are a "direct" customer of the city of San Bernardino. Recently, we renegotiated our agreement with Norton AFB and executed an agreement with CSVSB; those agreements provide that those entities will pay rates from the rats structure as adopted by city'sn rates. Aso lieu �f an annual audit of the you, this appears to also be the most logical alternative for Patton, particularly since the State reviws IndustrialeRaten be approves plied the as itoallows the charges�to beabased directly on sewage flows, rather than an estimated percentage of return flow (to the sewer) of total water use. The rate also charges for Actual strength of the effluent and is most.applicable for combined types of effluent strength. Stre g ids measured and is and oxygen Demand (BOD) Suspended charged per pound discharged. Assuming Patton has an average ail flow of 225,000 uspendn and an average strength of 160 mg/ the monthly charge (average domestic and commercial strength), Y would be calculated as follows: 0.25 MGD flow x $521.751MG x 30 days $3,913.13 160 mg /l x 6.34` x 0.25 MGD x $2,681.05 $267.89/1,000 lb BOD x 30 days 180 mg /l x 6.34 X 0.25 MGD x $4,445.73 $394.86/1,000 lb Ss x 30 days TOTAL MONTHLY CHARGE 1 ,039.91 • weight of one gallon of water In accordance with Section 6 of the Agreement, you have installed a metering device, which wil be read by the Water Department on a basis monthly billing. if preferred we can start bill ng on a montlya basis y(section 10 of Mr. Bruce Parks November 3. 1992 Page 3 the Agreement would require amendment). sampling for BOD and SS Will be on an annual basis. To reflect the proposed new billing structure in the Agreement, section 9 would be amended to reflect „...at the rate "as adopted by the Mayor and common Council of the City of San Bernardino" and section 12 of the Agreement would be deleted. Please feel free to call is with any questions; we are hopeful to have an amendment executsd by the and of this calendar year. sin erely, Bernar C srsey oaneral Manager cc: Cheryl Flowers James Watson Enclosure\ 1991 sewer Rate Study 'FOR 'JOINT SEWAGE DISPOSES. i_PATTON STATE HOSPITAL THIS'AGREEMENT; made and entered into this 17th day of . V February, 1960, by and between CITY OF SAD PERNARDXNO, herein called "City ", EAST SAN BERNARDINO COUNTY VATER pISTRICT, herein called "District" and the STATE OF CALIFORNIA by and through its DEPARTMENT OF MENTAL HYGIENE, herein called •State "; W I T H E S S E T H: WHEREAS, City has authorized the issuance of Pour Million Nine Hundred Thousand Dollars ($4,900,000? of Sewer Revenue Bonds for the purpose of constructing a aznitary sewerage treat- ment plant and water reclamation works adjacent to the Santa Ana River and a system of trunk main SOWare, one of which is known as East Trunk Main and traverses the District in a South- erly and westerly direction and to the said treatment plenty and WHEREAS, District has authorized the issuance of Three Million Eight Hundred Thousand Dollars ($3,800,000) of Sewer Revenue Bonds for the purpose of constructing in and for Said District a system of trunk main severe and collecting lines; and WHEREAS, State, by and through its Department of Mental Hygiene, maintains and operates Patton Stito Hospital north of Pacific Street between Victoria Avenue and Orange Avenues and WHEREAS, District is located between City and -said Hospital, and it is necessary that the sewage emanating from the Hospital be received into and transmitted through the trunk line system of District before being received into the trunk, line system of City; and WHEREAS, District has contracted with city for the right to discharge sewage into the East Trunk at:wer and have Said sewage treated and disposed in the City sa.ni.tary Beverage disposal plant; and WHEREAS, the facilities of City and D:- Strict are of a suffi -- dent size and capacity to accommodate the flow of sewage from the Hospital; and WHEREAS, it will be of mutual benefit to each of the parties to this agreement that the State dispose of the sewage of the Hospital through the trunk sewers of the District and Sewage treatment plant of the City in accordance with the terms and provisions hereof; HOW, THEREFORE, IT IS MUTUALLY AGREED, as followas 1. State will, at its own cost, construct such facilities as are necessary to transport the sewage emanating from the Patton State Hospital southerly to Pacific Street at Olive Street. 2. District has or will construct such facilities in Pacific Street from Olive Street westerly to Sterling Avenue, thence in Sterling Avenue southerly to Base Line, thence westerly in Base Line to Dwight Way and its connection with the City facilities traveling thence to the City treatment plant, as will provide adequate capacity to receive, transmit and dispose of the sewage emanating from the Hospital facilities. 3. The City has or will construct ouch facilities from the Diatrict-s facilities to the City's treatment plant as will pro- vide adequate capacity to receive and transmit sewage emanating from the Hospital facilities, and has or will construct such facilities as will provide adequate treatment and disposal of such savage. 4. State shall have the right, for a period of fifty(50) years from the date of this agreement, to dispose of sewage directly, and not indirectly through dry holding, retention or equalizing tanks, from its sewerage system into the facilities of the District at said junction of Pacific Street with Olive Street, to have such sewage transmitted through the above des- cribed facilities of the District and the City to the City's treatment plant, and to have such sewage adequately treated and disposed of in said plant] provided, however, that the maximum rate of flow of said sewage shall not exceed a maximum hourly rate of flow of One and a Half Million (1,500,000) gallons per day. 5. state shall pay for the rights provided in Paragraph h the sum of Two Hundred Twenty One Thousand Eight Hundred Ninety- one Dollars ($221,891) to City and Eighty Six Thousand Seven Hundred Thirty Three Dollars ($86,733) to District, total Three -2- Hundred Eight Thousand Six Hundred Twenty-Fovr Dollars ($308,624). In the event the State at the termination of the initial Fifty (50) year period of this agreement should exercise the option provided in Paragraph 22, no further consideration shall be paid by the State for said rights. Payment by State of the above mentioned sums of Two Hundred Twenty one Thousand Eight Hundred Ninety One Dollars ($221,891) and Eighty -Six Thousand Seven Hundred Thirty -Three Dollars ($86, ?33) is to be made when the facilities required to be constructed by City, District, and State have been completed, State -a facilities have been connected to the District's facilities, and City and District are prepared to receive, treat and dispose of the sewage from Patton State Hospital. 6. State will, at its cost, install a measuring and metering device at approximately the Juncture of its outlet sewer at Pacific Street and olive Street and shall maintain periodic or continuous recordings and records of the average daily elow of sewage emanat- ing from said Hospital and shall make available to District and City the recordings thereof sufficient to determine the total monthly volume and rate of average daily and peak flow Of sewage emanating from the Hospital facilities. 7. city will, at its cost, construct a measuring and metering device at its treatment plant and shall naintain periodic or con- tinuous recordings and records of the average daily flow of acwage entering its treatment plant from which tho total monthly volume and rate of average daily and peak flow of sewage entering said plant may be determined. 8. State through Hospital shall pay District a quarterly service charge for receiving and transmitting said sewage, based upon actual gallonage of such sewage so discharged for the previous period, a sum computed at the rato of Five Dollars ($5.00) per million gallons of sewage. -3- 9. State through Hospital shall pay City a quarterly service charge for receiving, transmitting, treating, and disposing of said sewage, based upon actual gallonage of such sewage so dis- charged for the previous quarterly period, a sum computed at the rate of Thirty Two and 50 /100 Dollars ($32.50) per million gallons of sewage. Said payment of Thirty-Two and 50/100 Dollars ($32.50) per million gallons to City is based upon the estimated cost of re- ceiving and transmitting from District's facilities to City's activated sludge treatment plant, treating and disposing thereof, and effluent disposai, including a proportionate share of the coat of administration, plant and line maintenance and an amount sufficient to amortise a proportionate share of the cost of re- placement facilities When needed. 10. On or before the 10th flay of January, April, July and October of each year, City shall forward to Hospital a statement of the quantity of sewage received by it from Hospital for the previous quarter year and the amount due therefor, and Hospital shall make prompt payment therefor in accordance with the terms hersof. 11. City will maintain records of account of its costa of sewn" transmission, treatment and disposal and effluent disposal, including cost of administration, plant and line maintenance and amounts.su£ficiant to amortize such Coate of replacement facili- ties sufficient to determine the average cost per million gallons average daily flow. 12. Following the 30tb day of June of each fiscal year, City and State shall review, together, the average coat to city of Sewage transmission, treatment and disposal and effluent disposal and other costs herein mentioned. If it is determined that said costs to city have varied from said Thirty -lWo and 50/100 Dollars ($32.50) per million gallons, based upon the methods of calculation used by the City in determining the said amount in the first instance, the rate payable to City shall be adjusted accordingly for the ensuing fiscal year. -4- 13. City and District shall have the right from time to time to inspect the measuring and recording methods and records of State. State shall have the right from time to time to inspect the measuring and recording methods and records of City. 14. City, District and State shall each maintain, repair, manage, operate and control their respectively owned sewage facilities. 15. District shall receive and transport: through its trunk sower system and the City shall receive, transport, treat and dispose of the sewage of Hospital for a period of Fifty (50) years in accordance with the terms hereof. 16. Connections may be made to dispose of sewage from Hospital properties into the Distilct,s system at other points mutually agreeable to the parties, subject to the terms hereof. 17. The sewage to be discharged by Hospital shall be all saw- age from Hospital, including, but not limited to, its laundry, employees- and patients, quarters and other structures and buildings. 18. In the event the State shall require disposal of sewage at a rate in excess of the quantity herein provided, State shall have the right to acquire additional quantity rights from District and City at a price to be agreed upon by the parties beroto. 19. State shall not discharge hereunder any sewage or wastes which other persons and customers of the City could not discharge into its system, except with the express permission of the City. 20. State shall not allow surface or storm waters, cooling water, unpolluted industrial wastes or excessive infiltration to be discharged into its sewer system or into any other sewer facilities emptying into its sewer system or any other sower facilities over which it has control. 21. City may be required to make additional capital Improve- ments to its treatment and disposal plant and works from time to time. To the extent that these are required to improve the method and degree of treatment to conform to rovi:7�cl requirements of the State or Local Water pollution Control Boa:-d or the State or County -5- Department of Health or other authorized agency, or a judgment Of a court of competent jurisdiction, and to the extent that such revised requirements are unforeaen in that they have not been amortized as a part of the service charge provided for in Paragraph 9 hereof, the coat thereof shall be paid by the state in proportion to the proportion of such capital improvements that will be required for the treatment of sewage emanating from Hospital. 22. This agreement, at the option of the State, may be extended for an additional period of Fifty (50) years, upon the terms and conditions herein specified, by giving notice to City and District at least six (6) months prior to the expiration of the initial period specified in Paragraph 4. IH WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective officers thereunto duly authorized the day and year first above written. I/ -6- CITY OF SAM BERNARDINO By /Sig/ Raymond H. Gregory Mayor Attested: /Sig/ Jack T. Felton, City Cler By /Sia/ Lucille Goforth Chief Deputy City Clerk EAST SAN SERNARDIMO COW= WATER DISTRICT BV/Sig/ John W. Littleton President Countersigned: /Sig/ Mvrle G. North secretary STATE OF CALIFORNIA By /Sia/ Carl E. Applegate Deputy Director - Business Services Department of Mental Hygiene LICENSBE East Valley Water District Board Memorandum No. B-45 -2010 From: Ron Buchwald, PE Subject: CDM's Final Design Proposal For The Plant 150 Project Date: 12/14/10 Recommendation: Allow The District To Enter Into An Agreement With CDM On The Plant 150 Final Design Background: On July 24, 2007, the Board approved the Plant 150 Conceptual Design Study developed by CDM for the development of a new centralized perchlorate treatment plant on the southwest corner of 6th and Del Rosa. This new treatment plant will allow the District to efficiently treat for perchlorate from three Wells (11A, 12A and 28A) at a single site as well as allow the District to be prepared for potential future contaminants and expand / replace old and worn out booster stations, reservoirs and appurtenances. Follow up pilot testing and preliminary design was completed in late 2008 with a final report submitted in January 2009. Since that time, this project has been somewhat delayed due to a number of issues mostly dealing with budgetary concerns and the types of grant funding available to the District for this project. Originally, staff was under the assumption or direction that the Plant 150 final design portion of the project could be included with the grant funding provided for construction of the project. However, after the grant was provided to the District for the Plant 150 project with strict deadlines for project completion, it was determined that a new grant application be prepared for the project for design only. This process is still moving through the state with an impending Funding Agreement suppose to be in the District's hands "any day now ". In the meantime, the District was successful in acquiring bonds for various capital improvement projects this last October, one of which was the Plant 150 project. Since the District has received the bond funding, staff believes this to be an appropriate time to enter into a final design agreement with CDM. A proposal from CDM to perform the Final Design for this project has been submitted (see attached). The proposal was prepared in March 2009 with 2008 - CDM hourly rates. The total cost of CDM's proposal was $1,126,575. Due to the economy, CDM is willing to keep the cost of the project the same but update the hourly rates to the 2010 rate schedule. In other words, they will complete the project in fewer hours than previously estimated. The proposal describes in detail the work that CDM will provide in order to ; omplete the project as described. CDM's knowledge of the District's staff, standards, and procedures and familiarity with this project gives them significant advantage over other consulting firms to perform this work at the best price. I recommend that the District accept CDM's proposal to perform this next phase of work. Fiscal Impact: $1,126,575 ♦t kA 9220 Cleveland Ave, Sule 100 Rancho Cucamonga, California 91730 te1: 909579 -3500 fax: 909980 -5185 December 7, 2010 Mr. Ron Buchwald P.E. District Engineer East Valley Water District 3654 E. Highland Avenue, Suite 18 Highland, CA 92346 Subject: Plant 150 - Confirmation of Final Design Proposal Fee Dear Mr. Buchwald As requested, we are pleased to confirm that we will honor our March 20, 2009 proposal for the Final Design of the Plant 150 facilities, assuming there are no changes in the scope of work required by the SRF loan or requested by the District, with just one revision. The budget of $1,126,575 has negotiated with you in 2009 will be held through the design period in 2011. The hourly rate schedule submitted with our 2009 proposal was based on preferred rates for EVWD at a 2008 level. We request that the attached updated 2010 rate schedule for EVWD be used for the agreement. This is the same 2010 hourly rate schedule as approved for the Plant 134 construction services and resident engineering contract. We understand the design of the facilities will start the first of January 2011 and will be performed over a -10 -12 month period. We are preparing a milestone schedule for this project and will submit this to you shortly. We look forward to the approval of this contract by the Board at their December 14th meeting and starting the design on this important project. Very truly yours, Richard Corneille, P.E. Vice President Camp Dresser & McKee Inc. ENCLOSURE consulting , engineering • construction • operations CAMP DRESSER & McKEE INS SCHEDULE OF HOURLY RATFS EVWD Plant 150 Design January 1, 2010 Categories Hourly Rate Engineers/Scientists/Planners: Current IRS Rate Gracie 1 $ 115.00 Grade 2 125.00 Grade 3 135.00 Gracie 4 145.00 Grade 5 155.00 Grade 6 165.00 Grade 7 175.00 Principal 185.00 Associate 200.00 Vice President 215.00 Sr. Vice President 225.00 Support Service: Designer Drafter 1 75.00 Designer Drafter 2 85.00 Designer Drafter 3 95.00 Designer Drafter 4 105.00 Designer Drafter 5 110.00 Designer Drafter 6 115.00 Designer Drafter 7 125.00 Designer Drafter 8 135.00 Administrative Manager 95.00 Administrative Assistant/ Word Processor 80.00 Office Clerk 65.00 Financial Manager 110.00 Contract Administrator 100.00 Finance Assistant 70.00 Miscellaneous Expenses: Auto Mileage Current IRS Rate Computer Time - PC 4.00 /1 -lour Computer Time - AutoCAD 12.00 /Hour Reproduction Services Black and White Copies $0,10 /Page Color Copies $1.00 /Page Outside Services Cost+ 10% Materials and Other Expenses Cost+ 10% East Valley Water District Plant 150 Final Design SCOPE OF WORK March 16, 2009 This document describes the scope of work for the Final (detailed) Design documents including construction plans and specifications for Plant 150, a centralized water treatment plant that will treat ground water from Wells 11A, 12A, and 28A. The Plant 150 Final Design will also provide a technical basis for the project bidding and contract documents. Introduction and Background The Final Design documents will be based on Water Master Plan issued in January 2008 and the previous engineering works including Plant 150 - Conceptual Design Study report (Conceptual Study) accepted by the District's Board of Directors in February 2007 and Plant 150 Water Quality Analysis, Pilot Testing and Preliminary Design Report (PDR) accepted by the Board of Directors in January 2009. The new Plant 150 will be sited at the East Valley Water District (District) -owned 4.6 acre lot located between the Fifth and Sixth Streets and west of Del Rosa Drive in the City of Highland. Plant 150 will treat ground water from Wells 11A, 12A, and 28A to remove Perchlorate, and will function as a hydraulic node through which the future water imports from the San Bernardino Valley Municipal Water District (SBVMWD) will be introduced into the District's water distribution system. Plant 150 will be constructed in phases. The initial phase (Phase 1) will consist of a perchlorate treatment system, product water storage reservoirs and pump station, and ancillary facilities. The plant will be designed to allow for future expansion including increase in the capacity and, if necessary, addition of treatment processes for nitrate and trichloroethylene (PCE) removal. This scope of work is for the Phase 1 facilities, as defined in the Plant 150 PDR. The design of future facilities is not included in this project. Plant 150 Description Plant 150 will have an initial capacity of up to 7,000 gpm, and shall be expandable to 12,000 gpm. Plant 150 will be designed initially to remove perchlorate from the well water, and to allow for a future expansion of treatment processes to remove nitrate and PCE, if necessary. Plant 150 will consist of a perchlorate removal ion exchange system, product water storage tanks, a sodium hypochlorite onsite generation and feed system, a finished water pump station, emergency power generation, plant electrical installations, instrumentation and control, operations building, yard piping, and auxiliary facilities including fencing, access roads and landscaping. The plant will be designed as a fully automated facility capable of operations Page 1 of 12 without a plant operator on -site. The Plant 150 final design shall be based on the District approved PDR. The following is a brief description of the project main features and facilities: Plant 150 Capacity and Flow Rates Initially, Plant 150 will receive raw water from the following three existing wells: Well 11A = 2,500 gpm Well 12A = 2,500 gpm Well 28A = 2,000 gpm These wells will provide Plant 150 with a total initial capacity of 7,000 gpm. As intermediate and long term water demand grows, more wells will be drilled to provide up to 5,000 gpm of additional water supply from the Lower Zone. It is anticipated that the additional capacity may be acquired by drilling two new wells, one of which will be located at the Plant 150 site. At this point, it is assumed as a worst case scenario that the new well water will need to be treated for the identified contaminants of concern it Plant 150, which would bring the ultimate plant capacity up to 12,000 gpm. And, with the addition of 5,000 gpm of the imported water from the San Bernardino Valley Municipal Water District (MUNI), the Plant 150 total hydraulic capacity will be 17,000 gpm. Other capacities and flow rates important for designing the Plant 150 facilities include: • Initial Lower Zone finished water maximum day pumping. capacity: 2,760 gpm • Ultimate Lower Zone finished water maximum day pumping capacity: 4,700 gpm • Initial Intermediate Zone finished water maximum day pumping capacity: 3,600 gpm • Ultimate Intermediate Zone finished water maximum day pumping capacity: 13,300 gpm • Maximum imported water from the San Bernardino Valley ^.lunicipal Water District: 5,000 gpm Under ultimate conditions, the Lower Zone pumps shall be capable of providing maximum hourly demand which requires a pumping capacity of 6,555 gpm. Plant Hydraulics A comprehensive hydraulic analysis for the Plant 150 influent "ater system, the plant itself and the finished water pump stations has been completed for PDR. 1101 to the hydraulics of the influent water and distribution of the finished water is the subject of the other improvements, such as well pump rehabilitation and distribution piping improve nents, the hydraulics throughout treatment shall be confirmed by this final design. Ion Exchange Treatment System The Perchlorate removing ion exchange system shall be sized based on pilot testing results and the Pilot Testing Study Report recommendations to provide initial treatment for flow of 4,500 gpm. The ion exchange system will be designed around pre - purchased ion exchange system, utilizing either ResinTech SIR -1 "10 resin or Purolite 532E resin. The system will be designed to utilize a non - regenerable resin capable of providing a product wa "er Perchlorate concentration Page 2 of 12 at or below the targeted 4.8 ppb for duration of 12 months before resin change -out. As presented in the preliminary design plans, the perchlorate- removing IX reactors will be designed in pairs, and piped to allow for lead -lag operation. The perchlorate- removing ion exchange process shall be preceded by a pretreatment system consisting of 5 micron cartridge filters to reduce suspended solids and other particulates from the influent water, effectively minimizing clogging and backwashing of the resin beds. The perchlorate treatment system will also include a back pulsing/ resin bed relaxation system consisting of back pulsed water supply, spent back pulse water storage, and return pumps. Product Water Storage and Disinfection Facilities The Plant 150 product water will be stored in two above -grade steel tanks, each with an 800,000 gallon capacity. The storage tanks will allow for disinfection of the product water with free chlorine, and will be designed to achieve compliance with regulatory requirements. For disinfection and to provide a chlorine residual in the finished water, Plant 150 will use on- site generated sodium hypochlorite at an assumed concentration of 0.8 percent. The sodium hypochlorite system will be designed to provide 5 -day storage, and will consist of a sodium hypochlorite generation system, storage tanks, containment, diaphragm dosing pumps, and double wall containment piping (or chemically resistant containment trenches). Finished Water Pump Station The finished water pump station will be designed with two sets of pumps, including Lower Zone pumps and Intermediate Zone pumps. The Lower Zone pumps will provide an initial firm capacity of 2,720 gpm and an ultimate firm capacity of 6,555 gpm, pumping directly into the distribution system. The Intermediate Zone pumps will initially be capable of transferring 3,600 gpm of the finished water to the Intermediate Zone, and will be expandable to allow for the pumping of 13,300 gpm. The finished water pump station will use split case centrifugal pumps with constant speed drives for the Intermediate Zone transfer pumps, and variable frequency drive (VFD) for the Lower Zone pumps. The pump station will be located between the two product water storage tanks which will also serve as clear wells for the pumps. Pumps and all accessories, including control panels and motor starters, will be designed for outdoor application. A noise attenuation wall will be designed on west side of the pump area. Pump arrangement, wall size, and geometry will be determined based on noise study described under Task 4 Special Studies. Emergency Power Supply A special study, as described in Task 4 Special Studies, will be conducted to further assess the impact of the emissions that will be produced by the diesel engine standby power generating system. Ultimate decision on standby power generation size, type and fuel will be made by the District upon completion of the proposed special study. The District's decision and the study findings will be incorporated in the Final design. Operations Building The Operations Building will be designed as one story pre - engineered metal building that will Page 3 of 12 house a plant control room, a small field laboratory, and an electrical room. The Operations Building will be approximately 1,600 square feet. Yard Piping Underground piping will be designed for the ultimate flow conditions. Stub -outs and valves will be provided to accommodate potential future facility cormections. Street Improvements The Plant 150 project will include improvements of the three streets .surrounding the plant site including the Sixth Street, Del Rosa Drive and Fifth Street. The improvements shall include landscaping along the property fence, sidewalks between the street traffic lanes and property fence, street curbs and gutters, and street lanes up to the edge of tie sidewalk on the opposite street side. The street improvements will be designed in accordan e with the City of Highland requirements and standards. SCADA System Integration The P1ant150 instrumentation and control (I &C) system will be designed for uninterrupted and unmanned operations. The Plant 150 SCADA system will define overall plant programmable logic control, necessary interfaces, and a telemetry system compatible with and integrated into the District -wide SCADA system. ATSI, the District system integrator will be coordinated during design and will be contracted (by the District) to develop and program the plants' SCADA system. Recycling of the Spent Back Pulse As recommended by PDR and further developed in the 30 percent design plans, the spent back pulse water will be recycled back to the plant influent stream. For this option it is assumed that CDPH will allow recycling at flow rate equal to or less than 10 per: ent of the plant influent flow. With this approach, Plant 150 would be a zero liquid discharge facility. However, this assumption needs be confirmed with CDPH. Other Project Facilities Other project facilities and installations including yard piping, electrical installations, plumbing, HVAC, site fence and security systems, and landscaping will be designed as defined in the PDR, 30 percent design plans and per applicable design codes, standards and references. Design Project Objectives Principal objectives of this project phase are to: • Prepare detailed (final) design plans and specifications in three submittal steps 0 60% design plans and specifications 0 90% design plans and specifications o Final design plans and specifications • Conduct necessary additional site investigative works and specialty studies Page 4 of 12 • As design develops, prepare and submit the project construction cost estimates for 60% and 90% design submittal steps • Identify project permitting requirements, prepare necessary permitting documents and help the District to secure the identified permits Post design services including engineering bidding support and engineering services during construction are not included in this Scope of Work. These services will depend on design details and will be added to this scope as design develops and at the District's request. Plant 150 Final Design Schedule and Milestones Based on the project schedule provided in PDR, completion of the final design will require eleven months, which includes two months regulatory review, and additional three months for construction bidding. Assuming that CDM will receive notice to proceed with final design by end of April 2009, the design will be completed by the end of March, 2010. In order to meet the end of March, 2010 final design completion date, the following milestones must be met: • 60 percent design and cost estimates completed by August 3, 2009 • 90 percent design and cost estimates completed by December 1, 2009 • Final design and cost estimates completed by January 29,2010 • Regulatory review completed and bid documents submitted by April 1, 2010. It is assumed that the activities associated with original equipment manufacturers (OEM) prequalification and ion exchange system pre - purchase will be conducted in parallel with the above described schedule, so that the District will be able to enter in a construction agreement with the selected general contractor by July 1, 2010. Responsibilities of the District The District has adopted the necessary environmental documents for the project, including the CEQA final report which will be provided to the CDM design team. It is assumed that the District will coordinate and lead communication with external project stakeholders including DPH, AQMD, City of Highland and County of San Bernardino. CDM will assist the District by attending the meetings with DPH, and will provide permit applications, inserts or another form of information from the design that may be needed for facility permitting. In order to keep up with the proposed schedule, the District will conduct all submittal reviews in two weeks. Project Task Descriptions This Scope of Work consists of seven tasks including: Page 5 of 12 • Task 1 - Project Administration • Task 2 - Additional Site Investigation • Task 3 - Permitting and Public Involvement • Task 4 - Special Studies • Task 5 - Final Design • Task 6 - Cost Estimating • Task 7 - Quality Control Each task consists of a number of subtasks and activities as follows. Task 1- Project Administration The project administration task will include management of the p,oject's scope, schedule and budget. In addition, this task will include coordination and commurication with the project stakeholders on the project logistics, progress reporting, and prepiration and review of project invoices. This task also includes the following: • Preparation of a Project Work Plan • Weekly PM's project status tracking • Preparation of monthly project progress reports • Project coordination meetings with District: (a) Project kickoff meeting (b) Monthly project progress reporting meetings • Monthly project invoicing This task includes only coordination and activities related to the administration of the project. The coordination and other activities associated with project technical issues and deliverables are included in the project non administrative tasks. Task 1 Deliverables: • Project Management Plan • Nine monthly project staha reports • Kickoff meeting, meeting agenda and meeting notes • Nine mmnthly project P.',l �.wetings, meeting agenda and meetirr, rates • Nine monthly project inno r -s Task 2 - Additional Site Investigation Additional Ground SurveuinQ - The site surveying that was conducted during the Conceptual Design Study phase provided reliable surveying input including a precise site map with 1 -foot contour lines. Since then, the Plant 150 site has been used as a stocking site for construction materials and as a temporary dump site for the excavated material from other construction projects. Due to these activities, the topography of the site changer requiring additional ground surveying to update the existing site map. It is assumed that onh northwestern two thirds of the site, where the Phase I project facilities are located, will be re- surveyed. In addition to the Page 6 of 12 plant site, the ground survey shall be extended to include the street areas planned to be improved under the Plant 150 project. The surveying will produce the site map and coordinates in an electronic auto CAD data format. Additional Geotechnicallnvestigations The geotechnical investigation at the Plant 150 site was conducted in 2006 for the initial Conceptual Study and in 2008 for the PDR. Although the data obtained during these two investigative events produced good quality and reliable information with respect to the soil characteristics, the slight change in the facility layout and better defined facility foundation methods require some additional geotechnical site investigation. It is assumed that up to two 20 -25 feet deep new boreholes will be required at the new locations of the chemical facility and operations building. The soil report form PDR phase will be updated to incorporate the results of site investigations and to address the PDR - proposed foundation concepts for the project facilities. Task 2 Deliverables: Ground Surveying Topographic site nmps witli 1 foot contour line, electronic and one hard copy 4 acres of the plant site • 3 acres of the street inipnn,enierrt areas Geotechnical In wstigations • Two 20 -2.i feet deep new boreholes • Soil Lab testing report • Updated Plant 150 Soil Report Task 3 — Permitting and Public Involvement This Task is to provide support to the District to obtain the permits to construct Plant 150. The required permits and their controlling agencies will be identified in the early stage of the final design phase. Identification shall include a summary of the required fees, anticipated permit processing times, permitting procedures and agency contacts. Most of the potential effort under this task is still largely undefined. Therefore, the scope provided is relatively general and the budget is based on level -of- effort estimates for initial project budgeting, and for CDM support only. Permitting fees will be paid by the District directly to permitting agencies. A preliminary list of the anticipated permits and approval requirements is as follows. California Department of Public Health (CDPH) Permit - CDM will submit 60 percent level design drawings and specifications to CDPH for review, upon request and approval by the District. CDPH comments will be incorporated in the final design submittal. CDM will attend up to 3 meetings with CDPH to review the design features of Plant 150. No engineering documents in addition to design plans and specifications that may be requested by CDPH are included in this SOW. South Coast Air Quality Management District (SCAQMD) Permit to Construct and Operate - CDM will prepare and submit an application to construct and operate the Plant 150 (including Page 7 of 12 diesel engine standby power generation) with 60 percent level design and specifications to AQMD. CDM will attend up to 3 meetings with AQMD to presert the Plant 150 design features and answer questions. No engineering documents in addition tc c.ecign plans and specifications that may be requested by AQMD are included in this SOW, Additional Project Coordination - It is assumed that the building .)erreits will not be required for the Plant 150 project facilities. However, CDM will have up to tv, o meetings with the City of Highland to coordinate the street improvements and to be sure th it the City standards and requirements are incorporated in the design documents. Public Involvement Assistance - As it may be requested by the District, assistance will be provided to District staff involved in project public presentations. Assistance will include preparation of exhibits and other support materials such as power point presentation and attendance at public meetings, on request of and with approval hN the District. Task 3 Deliverables: • Permit applications o CDPH o AQMD • Aleetings evitk permitting agencies 0 3 meetings with ChPH 0 3 meetings willi SCCAQ)MD 0 2 meetings with C:htif Highland • Meetingminutes/briefnotrs o 2 meetings minut,- from meetings with CDPH o 3 brief meeting notes form meetings with SCAQh1P 0 2 meetings with GtY of Highland • Public involoement assistar:ce • One PPT presentation, up to 25 slides • Attend up to two p iblic meetings Task 4 — Special Studies 4.1 Noise Specialty Study To contain noise generated by the high horsepower pumps, PDR recommended a sound wall on the west side of the pump area in between the two above grade storage tanks. A noise special study needs to be conducted to assess noise impacts of the outdoor pump station and to assess noise attenuation measures including pump arrangement and noise wall construction material, style, geometry and dimensions. 4.2 Air Emission Specialty Study CDM will review the SCAQMD rules to determine the applicabilit, and requirements of Rules 1470, Rule 1401, and /or Rule 1401.1 in addition to permitting apol cation and requirements associated with the proposed standby diesel engine. In particular, CI)M will focus on any air emission requirements, determine if a more thorough air dispersion model is required, and identify any other air quality thresholds that may impact the perm tting of the diesel unit. CDM will provide EVWD with a Technical Memorandum, based on available information at the time, Page 8 of 12 detailing: • Applicable SCAQMD rules (summarizing the permitting and operational requirements), • Permit application requirements, including an air emission inventory and air dispersion modeling, if necessary. As appropriate and necessary, CDM will calculate an air emission inventory and conduct an air dispersion modeling analysis pursuant to applicable rule requirements. Noting estimated SCAQMD permit fees associated with the permit application, this evaluation of permitting issues will help with the understanding of both costs and timing associated with permitting the selected preliminary diesel engine. This task includes up to two pre - permit coordination meetings with South Coast Air Quality Management District staff (these meetings are included the permitting meetings specified in Task 3) Task 4 Deliverables: • Noise Specialty Shidy Report • Air Emission Specialty Shady Report Task 5 — Final Design There will be three submittals of design plans and specifications under this task, including 60 percent design plans and specifications, 90 percent design plans and specifications, and Final Design plans and specifications. In general terms, the Final Design plans shall include: • General and Civil Drawings 1. Process flow diagrams 2. Hydraulic profile 3. Site plan 4. Site grading and paving plans 5. Yard piping plans 6. Piping profiles, civil details and site details 7. Street improvement plans and details • Structural and Architectural Drawings 8. Structural plans, sections and details 9. Architectural elevations, plans, sections and details • Mechanical Drawings 10. Process mechanical plans, sections and details 11. Process mechanical equipment schedules 12. HVAC, fire protection and plumbing plans, sections and details 13. Chemical feed system plans, sections and details • Electrical Drawings 14. Single -line diagrams 15. Electrical site plan 16. Electrical plans, sections and details 17. Lighting plans, sections and details 18. Conduit and cable schedules • Instrumentation and Control 19. P &IDs and control strategies Page 9 of 12 20. Control networks detailed design 21. Draft final I/O list 22. Control panel elevations and schematics 23. Instrumentation details 24. HMI /SCADA Design Technical specifications Project Support Documentation including design calculations ind equipment data lists A workshop will be held two weeks before any of the planned design submittals to present the design advancements to District staff and to receive feedback. The Lnput received during these workshops will be incorporated in the design documents which in ill be submitted to the District for formal submittal review. 5.1 60 Percent Design Plans and Specifications. The 60 percent design submittal shall, as a minimum, include the following design plans and specifications. Task 5.1 Deliverables: 60 Percent Design Workshy 11 Design drawings, 120 each 8 General Sheets 16 Civil Sheets 6 Architectural Sheets 17 Structural Sheets 22 Mechanical Sheets 151£ +C Sheets 23 Electrical Sheets 10 Building Mechanical: 1-1 VAC, Plumbing and Fire Protecti ,n: sheets 3 Landscaping and Irrigation .Sheets • Preliminary Project Technical Specifications • Preliminary Equipment Data Lists • Submittal Review Meeting • Submittal Review Meeting Notes 5.2 90 Percent Design Plans and Specifications. The 90 percent design submittal shall include the following design }Mans and specifications. Task 5.2 Deliverables: • 90 Percent Design Worksh,�p • Design drawings, 143 eadi 8 General Sheets 18 Civil Streets 8 Architectural Sheets 20 Structural Sheets 26 Mechanical Sheets 15 I&C Sheets 27 Electrical Sheets Page 10 of 12 13 Building Mechanical: HVAC, Plumbing and Fire Protections Sheets 8 Landscaping and Irrigation Sheets • Detailed Project Technical Specifications • Detailed Equipment Data Lists • Submittal Review Meeting • Suhmittal Review Meeting Notes 5.3 Final Design Plans and Specifications. The Final Design submittal shall include the following design plans and specifications. Task 5.3 Deliverables: • Final Design Workshop • Design drawings, 143 each 8 General Sheets 1S Civil Sheets 8 Architectural Sheets 20 Structural Sheets 26 Mechanical Sheets 15 I&C Sheets 27 Electrical Sheets 13 Building Mechanical: HVAC, Plumbing and Fire Protections Sheets 8 Landscaping and irrigation Sheets Final Project Technical Specifications Final Equipment Data Lists Task 6 - Engineering Cost Estimating Detailed estimates of the probable cost of construction will be prepared at the 60 percent and the 90 percent design level. This estimate will be the Engineer's estimate of the probable cost of construction. The estimates will be prepared by the estimators from CDM's construction division, CCI (CDM Constructors, Inc.). The expected project cost shall be between -5% and +10 %, a definitive accuracy range. Task 6 Deliverables: • Engineering Construction Cost Estimates l - 60 % submittal Engineering Construction Cost Estimates 11 - 90 % submittal Task 7 - Quality Control 7.1 Quality Assurance and Quality Control for Design Documents This task includes a CDM internal technical review of the deliverable documents and project closeout activities. The quality control will be conducted in accordance with CDM standard quality control procedures and will include: PQM (project chartering) meeting 60 percent design review by internal CDM technical review committee (TRC) 90 percent design review by internal CDM TRC Page 11 of 12 7.1 Constructability Review Upon delivery of 60 percent design plans and specifications and before delivering 90 percent design plans and specifications, a constructability review will be conducted to assess elements of the Plant 150 project for potential constructability issues and oc ssible savings in construction cost. The constructability review will be performed in workshop f )rrnat with District and CDM design teams and should include participation by at least one experie_nced construction contractor familiar with construction of similar facilities. The cons mictability review will be conducted by at least two construction professionals from CCI w 1 o are not associated with the design. The constructability review comments will be incorporated in the Final Design plans and specifications. Task 7 Deliverable: • Constvuctabiliht Revieu, l't'orkshop • Constmetability Review N:-tcs Page 12 of 12 O 7 III i I 3 wa RR!A�R8R3 8 ERRB'RSSY S,iS� F 888888:88888 888 R,R88888i88� R,888188888888 it » °lR • g e I, IN 7 5 o.A doA lii RdR o 8 :RB I f I �'. •�� S :� c$'R .:' "°:� � Spry °� �:R »lo %�R. �Ge '.�R oIRR 'g °eRRRRB I I I i as E,R., 4 &•1$.1.1,1, RRU a sa R, ,I..I.. �$ �. _ ' k f »» °Ili o,R o Ic 'R R °8 R! RR °o8o I » oR i MOM .c R:R. 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W. Beck, Inc., a nationally recognized engineering and rate consulting firm. This study analyzed cost of service, developed revenue requirements, and designed new rates to meet the financial requirements of the sewer treatment facilities operated by the Water Department. The BOWC authorized submission of the model to Mayor and Common Council for adoption of a two -step ra,:e adjustment, approximating a system average of ten percent (10 %) each, to be implemented February 1, 2011, and January 1, 2012, respectively. Background: The sewer treatment facilities are owned and operated by the Water Department. Sewer fees and charges were last adjusted January 1, 2009 and January 1, 2010, through a 2008 Sewer Rate Study conducted by R. W. Beck. That study proposed: 1. a series of rate increases over a five -year period; 2. coverage of debt service through rages; 3. wastewater strength samples and discharge flows analysis by January 2011; and 4. cost -based adjustments between classes based upon the additional sampling. Given the volatile economic conditions at that time, Department staff recommended two five percent (5 %) across - the -board adjustments to sewer treatment rates effective January 2009 and January 2010, respectively. This offered the Department the opportunity to address any cost -of- service issues in January 2011. On June 15, 2010, the Department retained Beck to update the 2008 Sewer Rate Study, develop revenue requirements, and cost allocation studies. Financial Impact: Beck's model (attached) summarizes projected sewer revenue requirements for Fiscal Years 2011 through 2015, documents fiscal policy issues that affect revenue requirements, and provides detailed supporting calculations. The model identifies four primary reasons the Department must increase rates: 1. Preliminary audit findings for Fiscal Year 2009/2010 indicate that the sewer treatment debt coverage ratio may be in violation of the bond covenant requirements. Section 6.12 of the Installment Purchase Agreement in connection with the 1998 sewer treatment financing states, "The City shall fix, prescribe and collect rates, fees, charges and connection fees fcr sewer service which will be at least sufficient to yield during each Fiscal Year Net Revenues equal to one hundred ten percent (110 %) of Debt Service for such Fiscal Year." 2. The Department requires additional capital funds to meet increasing state and federal regulatory requirements. It is estimated that an amount in excess of $20 million in funding will be necessary to meet regulatory compliance issues over the next five years. 3. The Department must continue to meet ongoing fixe_1 c:digations during the economic downturn. 4. The Department must adjust commercial rates b, clan io more accurately charge cost of service and eliminate subsidies. Beck reviewed historical operating expenses, existing assets. e:._isting debt service, projected expenditures, potential financing strategies, required capital inaprr ements, local economic factors, and system flow and loading information. Revenue require❑ er -ts are established utilizing an iterative process that reviews varicits projected impacts of propc�cd rates. Beck then functionalized, classified and allocated costs among -ai i( us customer classes based upon usage characteristics of each class. The model analyzed the result: over a five -year period and arrived at rates that meet the needs of the utility at the lowest possible c� �s. 1 o the consumer. The proposed rates (listed in Tablc COS -10 of the attached model) are rounded to the nearest five cents to simplify the calculation for our customers. This roundins; has no significant impact on the percentage increase. Residential customers will see a $1 /month and a $1.50 /month increase in their sewer treatment bills in 2011 and 2012, respectively. The increase in commercial customer bills will vary according to consumption and the classification in which the account resides. The Department has developed the following calendar for impk mentation of the adjustment for sewer treatment fees: November 15, 2010 November 18, 2010 January 10, 2011 February 1, 2011 Recommendation: Mayor and Common Council rep iew /set public hearing Public notification of rate adjus'i._ment Public hearing /rate adoption Rate implementation Set public hearing for January 10. '011, at 4:00 p.m. in the Council Chambers of City Hall to adjust sewer treatment rates as defined in the Sewer Treatment Rate 'study Model for implementation February 1, 2011, and January 1. 2012_ respectively. Attachments: Department Presentation R. W. Beck Sewer Treatment Rat, Study Model — Fiscal Years 2 1 - 2015 Sewer Rate Adjustment Presentat'10n, 't-o: The Board of Water Commissioners October 19, 2010 City Council Ways and Means Committee October 20,. 2010 Sewer Rate Adjustment Fxecutive summary Prior rate analysis (July 2008) results: Tv.,? step, 51Y- increase in tct� Ad-fihomll h v,,cli, 1 t ;-, ''i, t] I - -, � .- — 11cJ "q: rcd, �!1d1 In '01 Sewer Rate Adjustment Executive summary Current rate arlalvsis (October 20]0) proposal: — T io, annUcl avei acie 1 or%:, ' afr InCreaSeS; — Additional !are rr„venue ccured by ckl,t cr�v_ nanf;; Addl om?'I its- V`(li:`! io'uno (c;) iJ I'lfl r'ULT fll �4(iVeni(i!V1L fCi lF1q'Jclf Or� COn ?�31ia r.,� C, a'lii W—ious cost b!n _a`lun oG)USilYleni II' ii:'I ?1.'1lC1fUa� class Lased cn ['01), suspended �oli7; rind rn�t of service ann', Sewer Rate Adjustment Executive summary :..Inanclal regWre[11Crl,S of net ^.' rates: s — Arhit -vc and m- ntaln 0`.'hC L "Ij ' — I -Un Conl p5171nCci 'lf�ast'l;c1 U1'r' r8 ha�:i ita �_IGI I; �:. i_1 — i'ieet fu!urc _' {iJl`_{ . and cieL''. obllgdJG�l. Analysis does not include: — P of e nt, iG ri'_�' f_li ai rr ur }�f ;'.� L� �le��r ��a;�rt_,I fir — Potential naeace f:-,-,m collcctons — Capital requkenlent fo: a recycled �!atei fac!hty. Sewer Rate Adjustment Operatina expenses, (,>000) Sewer Rate Adjustment Capital ieqLlirenients: t 't o I-K) I or C, U, W lfll 1( )(Ai 2(;()s -- Fir) R 1 X Admitir tt,ltic�fl - Dt (lil!!011 1: 5,7'-,l I Sewer Rate Adjustment Capital ieqLlirenients: t 't o I-K) I or C, U, W lfll 1( Sewer Rate Adjustment Capital requirements _ Des(r:orion Compliance Capacity Other Tota I 2011 -2015 C L pi'a.. Requirem nts 20,755 i, t 35 °,505 7,395 Sewer Rate Adjustment Installment Purchase Agreement; Section 6.17 Am,wni r;f Rate; end Charo- -. ..Th(' City E;,''laII fi,, plt'SCII )c and -0;icrt IC charges and : u:)nedion fees for a ' Jll I,e at le' -st sufficient to yield durng c_;rh Fin ,: Y('al r,Jrtt I?,. - .): _. �qu -,i to on,, r,f r)r�bt 5��:'io_, fog cud) Ficca Yoa. Sewer Rate Adjustment Minimum debt _coverage (;,ngo) Fiscal yea, - -2003 - -- 2009 _ -- 2010 Sewer Rate Adjustment Comparison - local-communities y: Sewer Rate Adjustment Commercial rates increases • (�C f'0.11t iii Ci Ca2'. an�:Ci U:ri?SI IG da lPi l', )�. Sewer Rate Adjustment Implementation ff proposes the follm ing Council action Results Recovers debt coverage through rates Funds capital, ensures regulatory compliance Offsets decrease in sales, covers fixed expenses Sewer Rate Adjustment Proposed steps to implementation 10/ 19/ 10 130V11C vvorkshop and recommcndatlon 0 7.0/lo V'1ays and [,leans ccrrnnittrc 1 i /15r10 CJLIMA Io ',k"t pubic hC tinq i/16/10 - Public notification ' :,io,: 01/03;11 (OtJnCli publiC ll �cl Iny o2 /ol /l 1 - Late impicmentLAi-'m Sewer Rate Adjustment Motion: 1:11, 1 tl„ ,, A;Ci 1,.;.- �u,�,, .c i.!�I� -�,t �uui Common t,rl;.; :�.�.1 _I uhll;;n ;. ,t +.•:�o ;bap r�Y� .�1ju,lment inr ....I 11, , tmi,1 1 ch;aLlLt5 to bit m�l:b i;,'n1i':1 f L'1)rllJly' I;il ! and JanLI 111-' 1, 2012; 0 � � R U) ■ � $ § � � k � S. « 1« Y 0 \Z!) /1 L; kk CM tn �§ r� k\ LL-2 \I \\ \ k E ®E72 'T Sm )$((fE k[ae(} \ \ \\ \0 f2zooae; « '15 \\ \\ \)k� %f e =J &2a j)]/\\ \§ \fƒ/ k)))\ \\)) #6a%ea)ja ƒf } /§)t \\ §§§§ »5�5 R) 0� CL 0 E \ Of E :2.6 � @ Mn - mm�f)ak / r / «3ƒ(aG3 ® E E —V, & 5-.0 �)fC)0f) ul k§)\§ %, oem -a ®7815 « a @cL w JA,mSR, §A W,eF =2 2 2 - =2 E-== i m a%6= /2a —( >D0 oll $a2a$]a \a22am2 )]»{ » }f »f$ §&Id3 +=2�s� L o3� cr Ix W } }}) \ < }F <— §§ \\ ) . § k y� 3 N H N N � G w x� fill ; u a' e z a a a 'g#' g g P 2 2 a� S dm rc wa < r H oo r�m� o $ L Hr Will a 11111 HI 11111 I ::: �— V= °.^ -mr'R K 11,4 R niQ lB Ri PS fC R;;9 R a A`e4% A Re e s is s g oq A 2� 3 15 U V a_ B a ti I i a R ��$$$ ����00000���bo�o��&000� 000K =�xK �+Kie ooKnrveo�o�'e o 'C eeoeeoee ��� ° o °°o 0000ge�ge o°cinoe o a i } c - �$��� - ad 4 i� T E �y HIM V N W SQ 82 8 i s V_ a W V is Hl mm"491f 9 N AAa2398ti .�,_�Y����NgTy ai�.°�� "s'�E�s"`$ °x'��aa$ nr+y�ge 4•E e� °$ n�i$+4��� °E °$ " - k �x= 3# @" a��=ax�x� a a�� °_•�_ 3 __¢¢ppyy -gg a QQ•yQ ss¢p_Q R+l �:d�.} H����.��x«���'_uF�R °Fs_M fpt (fyypp �$N.R4o ¢•ih °$ gg33 Q Ft �4�Ri6 S_�R °Yi gg x $agRxR R$$$$. 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K- K : ;�■ ■§ ®! ° &!! 2222 #■##w!lKKKr Rg —20 �� � 2 ®! ® =`E ■! : §�7t; ,«!!#<#; � .,alm,! ■: ;! !2 >2\ �/ \)�} \( %� !!«4I! ` »§§§ }!2272 A's !!! # #! tovater stValley District Board Memorandum No. B -44 -2010 Date: December 14, 2010 From: Brian Tompkins / CFO Subject: Standard Mileage Rate Recommandation: Adopt standard mileage reimbursement rate established by IRS for 2011 Background: IRS Revenue Procedure 2010 -119 has set the 2011 standard mileage reimbursement rate that can be used by businesses at 510, up from the 2010 rate of 50¢ per mile. I recommend that the rate at which the District reimburses directors and employees for district related miles driven during 2010 be adjusted to conform to the rate established by the IRS, effective January 1, 2011. Budget Impact: No significant fiscal impact; no budget adjustment necessary IRS Announces 2011 Standard Mileage Rates IRS Announces 2011 Standard Mileage Rates IR- 2010 -119, Dec. 3, 2010 WASHINGTON —The Internal Revenue Service today issued the 2011 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable ME! cicaI or moving purposes. Beginning on Jan. 1, 2011, the standard mileage rates for the use of a car (also vars. mcaps or panel trucks) will be: 51 cents per mile for business miles driven • 19 cents per mile driven for medical or moving purposes • 14 cents per mile driven in service of charitable organizations The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable cost=_ 3s determined by the same study. Independent contractor Runzheime• International conducted the study. A taxpayer may not use the business standard mileage rate for a vehicle after using any depreciation method under the Modified Accelerated Cost Recovery System (MACRS) or after claiming a Secti -n 1 i 9 deduction for that vehicle. In addition, the business standard mileage rate cannot be used for any vehicle usec fcr h re or for more than four vehicles used simultaneously. Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates. Revenue Procedure 2010 -51 contains additional details regarding the standard mileage rates Subscribe to IRS Newswire Page Last Reviewed or Updated: December 03, 2010 *OEastValley Water District Board Memorandum No. B-46 -2010 Date: 12/14/10 From: Gary Sturdivan, Safety & Regulatory Affairs Director, Subject: Engineering Report from W.J. McKeever Recommendation: That the Board of Directors approve the funding for the McKeever Investigation. Background: Baseline Gardens Mutual Water Company is currently being served water from the City of San Bernardino, due to contamination issues of their water wells. California Department of Health, Drinking Water Program has issued Baseline Gardens an "Order to Comply with Drinking Water Standards ". Baseline Gardens is within the service boundaries of EVWD and is the last small mutual water system within our western boundaries. There are 423 properties within Baseline Gardens service area. Baseline Gardens Board asked EVWD to attend a public meeting on November 18 at 6:30 pm. This meeting was to inform the Baseline Gardens Shareholders of their options to comply with the CDPH order and to survey the shareholders on which direction the shareholders wished the Board to proceed. There were 53 people at the meeting. All attendees were given a questionnaire and asked to submit their responses to the Baseline Gardens Board at the end of the meeting. The shareholders were given presentations from the Baseline Gardens Board, CDPH and myself. There were 47 surveys returned at the end of the meeting, with 39 respondents requesting consolidation with EVWD. Some of the shareholders have more than one share. The Unified Baptist Church holds 10 shares of stock. CDPH has hired a consultant, Wayne Spencer from Rural Water Association, to help Baseline Gardens submit a "Notice of Intent' with CDPH. This is the first step in the CDPH grant and SRF process. The "Notice of Intent' was accepted by CDPH and is waiting to be put on the CDPH priority for funding list. CDPH expects to put Baseline Gardens on the priority list in January/February of 2011. The next step in this process will be to compile information on the Baseline Gardens system and how EVWD could serve these extra 423 properties. What pipelines would need to be replaced, would EVWD need to drill a new well, could EVWD use any of the Baseline Gardens infrastructure, mapping the system and most importantly at what cost to the properties owners. Both agencies will need this information to apply for SRF funding. CDPH informed me that a full grant application could be asked for as early as April 2011. W.J. McKeever Engineering is knowledgeable in the process of incorporation, since this will be the third time EVWD has requested their services for incorporating smaller water agencies into EVWD. McKeever was asked to submit a "Scope of Work" (Please see attachment). EWVD will need to fund $73,944.00 out of the current fiscal budget to complete this study. The District will be able to recover this money once the grant is funded, or at the time consolidation is complete. It is my recommendation that the EVWD Board approve the funding of the McKeever study. Fiscal Impact: $73,944.00 UJI W. J. McKeever Inc. Civil Engineering November 29, 2010 East Valley Water District 3654 Highland Avenue, Ste. 18 Highland, CA 92346 Attn: Gary Sturdivan Re: Baseline Gardens — Assessment District Dear Mr. Sturdivan: The following is our proposal to prepare a preliminary engineering study for the development of a District Standard Water System within the current service area of Baseline Gardens Mutual Water Company. Scope of Work: 1) Provide aerial control and 1" = 40' scale Topographic Mapping and Ortho Photo. 2) Prepare Preliminary Engineering Study to include: a) Brief history of existing company b) Description of area and types of land ownershi c) Proposed project description d) Proposed improvements e) Preliminary construction cost estimate f) Description of proposed financing g) Description of assessment spread h) Proposed assessment district boundary exhibit i) Proposed water system improvements j) Proposed assessment diagram k) Preliminary assessment roll 3) Meetings with Baseline Gardens & EV WD Staff. Professional Fees: Items 1 & 2 - Flat Fee = $ 73,944.00 Item 3 — Time & Material = $ 3,080.00 (Includes 3 meetings — estimated cost) This proposal includes providing 12 copies of the Preliminary Engineering Report. 900 E. Washington Street - Suite 208 - Colton, California 92324 Ph. (909) 825.8048 - Fax (909) 825.8639 - E -Mail Address office @wjmckeeverinc.com East Valley Water District E -164 Proposal November 29, 2010 Page 2 of 3 Time and Material Rates Effective throuph July 1, 2011: Office Principal Engineer (Testimony) $220/Hr Principal Engineer $154/Hr. Principal Planner $136/Hr. Senior Project Director $139/14r. Licensed Land Surveyor $127/Hr. Survey Supervisor $110/Hr. Project Manager $111/Hr Design Draftsman IT $100/1-Jr. Design Draftsman I $91/Hr. Project Coordinator $79/14r. Draftsman 11 $68/Hr. Draftsman I $5941r. Environmental Engineer I $59/1-Ir. Asst. Draftsman H $50/1-Ir. Asst. Draftsman 1 $41/Hr. Clerical 11 $5011-1r. Clerical I $41/Hr. Field 2 Man Survey Crew $231 /1-Ir. 2 Man Crew Travel Time $108/1-jr. 3 Man Survey Crew $300/1-1r. 3 Man Crew Travel Time $151/Hr. Office Support $120/1-1r. Mileage $ .60/Mi. RTK GPS System $300/Day Materials and Outside Contract Worl: Cost + 20% If you have any questions regarding this proposal, please call me. Yours truly. William J eever Inc. WJM/ly East Valley Water District E -164 Proposal November 29, 2010 Page 3 of 3 General Conditions of Proposal The items listed below are part of this proposal unless stated otherwise. 1. Flat Fee prices are to be held for one (1) year from the date of execution of the contract. After one (1) year the fees for the remaining work to be done will be adjusted at the same percentage as our hourly rate increases that are in effect at the time. 2. Hourly rates will be adjusted on July 151 of every year. 3. The proposal, as submitted, is good for 6 months from the date shown on the proposal. If the proposal is not accepted within 6 months the fees will be reviewed and adjusted if necessary. 4s 0,Eat Val ley ater District Board Memorandum No. B-47 -2010 From: Brian W. Tompkins / Chief Financial Officer Subject: Financial Statements for the month ended October 31, 2010 Recommendation: Accept and file the attached financial report. Balance Sheet Date: December 14, 2010 Total Assets increased by $22,881,200 in October. The primary reason for the increase is the closing of the bond sale on October 28`" and receipt of bond proceeds. Proceeds remaining in District accounts at October 31st include 1) $16,000,000 in project funds and $26,617 in unspent Issuance Costs (Construction Funds), and 2) $6,069,582.50 in an Escrow account for retirement of the 2001 COPS and $655,720.94 in a Capitalized Interest account to assist with the first two semi - annual interest payments (Debt Service Funds). The cash held in the Escrow account will be used to retire the 2001 COPs on December 1'`, 2010. Total liabilities increased by $22,443,764 due to replacement of $12,977,382 in outstanding loans (IPAs) with $33,545,000 in 2010 Revenue Bonds. As mentioned above, the 2001 COPS will be retired in December. During October, the current assets to current liabilities ratio (Current ratio) grew from 1.33:1 to 1.45 1 and the liquidity indicator of Unrestricted Cash and Investments compared to Current Liabilities grew from 83% to 90% coverage. Improvements to both of these ratios are due to refunding of the 2004 and 2006 IPA loans and a drop in the amount of bonds payable within the next 12 months. Revenue & Expenses Statement Operating Revenue Water sales in October were $46,651 over budget. In terms of volume, sales were down 21.7% from September to 821,544 HCF, and are down 70,514 HCF, or 7.9 %, compared to October 2009. Compared to two years ago, sales are down 143,641 HCF or 14.9 %. Year -to -date, sales are down 169,930 HCF or 4.2% compared to the first four months in fiscal year 2009 -10. Other District operating revenues were $37,774 over budget, and Sewer Treatment charges which are passed through to the City were $4,080 over budget. Year to date, operating revenues are $94,364 under budget. Ooeratina Expenses Operating Expenses were $18,000 under budget in October due primarily to the water pipeline maintenance cost center (T & D) and Administrative and General 411 other costs centers were under budget for October. Pumping was significantly under budget with power costs showing the greatest variance. Some factors involved in the decreased demand for power were the 20% reduction in water sold, and Plant 27 being taken off line due to fluoride issues. Water Treatment costs are significantly below budget through October because well sites with the mobile treatment units are being utilized less, Plant 27, again, because of the Flounce issue, and Plant 40 because of the ability of other plants to supply the demand in uppe=r pressure zones. Transmission and Distribution continues to show actual expenditures greater than budget because of the delay in the start of capital pipeline projects. As the bond fending was finalized late October, pipeline projects, such as the Hillview main replacement, will begin ii November and T &D labor will be diverted to the Capital Improvement Program projects. Wastewater Collection system costs were high in October, and are over budget year -to -date, due to the release of a list of sewer main spot repair projects to Law Plumb ng. With the delay in water main projects, staff was able to focus on these smaller projects sooner and in higher volume than projected in the monthly budget allocations. In General and Administrative expenses, benefits are higher than budget due to a quarterly Workers Comp payment, and payment of an extra pension installment related to the extra pay date that occurred in September. Vehicle maintenance was extraordinarily high in October because of major repair work to one of the sewer jetter rigs. Total operating expenses are under budget $150,124 year to date, and although operating revenue is also under budget by $94,364, Operating Income for the July through October is $55,760 over budget projections. Capital Projects Capital expenditures during October included continuing work on leasehold improvements to Suite 30, two new dump trailers, and replacement of the roll up doors on the vehicle maintenance bays at the Del Rosa yard. There was also $90,188 spent on the CIP during Octobe-, primarily on GIS implementation, meter replacements, and the commencement of the Conejo sewer main replacement project. East Valley Water District Balance Sheet - Unaudited October 31, 2010 ASSETS UTILITY PLANT - at cost: Utility Plant in Service - water department $125,135,088 Utility Plant in Service - sewer department 30,803,610 155,938,698 Less: Accumulated Depreciation (48,381,420) 107,557,269 Construction in Progress 5,688,388 113,245,657 RESTRICTED ASSETS: Customer I Construction Deposits 1,830,715 Capacity Fees 15,060 Construction Funds 16,026,617 Debt Service Funds - Trust Accts 6,725,303 24,582,635 CURRENT ASSETS: Cash and Investments 30,251,281 Less: Restricted Cash and Investments 24,582,635 5,668,6413 Accounts Receivable (net of allowance) 1,858,5013 Other Receivables (net of allowance) 308,16.7 Inventory 1,034,5615 Prepaid Expenses 250,561 9,120,448 OTHER ASSETS AND DEFERRED COSTS (Net of Amortization): Bond discount and incidental bond expenses 318,759 Deferred financing charges 415,645 734,404 TOTAL ASSETS 147,683,144 Balance Sheet Page 1 East Valley Water District Balance Sheet - Unaudited October 31, 2010 LIABILITIES AND EQUITY LONG -TERM DEBT: 2010 Revenue Bonds $32,490,000 Premium on 2010 Revenue Bonds 2,213,063 2001 Certificates of Participation 5,935,000 Premium on 2001 COPS 30,260 DWR Loan 131,861 Less: Deferred amount on refunding of COPS (457,686) Reserved for Unemployment Insurance 40,342,498 CURRENT LIABILITIES: Accounts payable 1,970,188 Accrued payroll and benefits 1,387,071 Customer service deposits 1,653,804 Construction deposits 176,911 Accrued interest payable 29,361 Long Term Debt - amounts due within one year 1,071,307 6,288,642 TOTAL LIABILITIES 46,631,140 EQUITY: Contributed Capital: Restricted Developer Fees 15,060 Invested in Utility Plant 39,193,724 Other Contributed Capital 3,699,778 Retained Earnings: Reserved for water bond funds 6,475 Reserved for emergencies 2,170,000 Reserved for Unemployment Insurance 16,450 Unreserved 53,949,999 Net Income for current year 2,000,518 TOTAL EQUITY 101,052,004 TOTAL LIABILITIES AND EQUITY 147,683,144 Balance Sheet Page 2 d A C F 3 y 9 D C 3r;, .o Q c0 d Q W _0 C E Y A 6 VI 7 Q m 0000000010 00000O o 0 0 0 0 0 0 0 O O i a�min ^i m.no a r mndmrm m ONdO)m OdM M o 0o .00ao 0 0o O00000 0 O O O O O O N O N nN OOONM(p [O N ON��VIV M 00000000 0 0000000000 0 OmNOIOO (O d 00 0(00 (O omm orho (p °oNOdr Nm u> �0d m �gsaaa ° Q gae�R� CD 5 N M n�mnoo� m Nm m(O Q)lnm (0 0000000 0 °mo °m °O0 m md<-r rm�no m rd <r00000Om m nrrnm. m =f¢CIO n OrMOO O O-�NMOr�Ov V M 0N)0(°0W0N d n N N W N MmOM 040 m O(O N (O 1°�MNN� N � �0 40d d mN�mm(p O N�NOMm Or�N D7 N O O O N O O N N�mmM01 d O (DdmOOM N OOd0000d00 m<- mm N m O(nONO(O m� m°�mdmNy i0 N °� =f¢CIO W � 0 mOm NO O Nmc70Mr N m m OOd0000d00 m<- mm N m O(nONO(O m� m°�mdmNy i0 N OrM Nd °� NdmdMdO C6 C6 m W � 0 mOm NO O Nmc70Mr N m m mn m N N N II N O d L O1 U (q U y 4 0 Lu E. 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Q > C 00 W y O 000 000 0 0 000 0 000000000 00 omNOO c o ay o M J U 000 ri 0 00 mr��oo M p Q�O �w ci coo cma Nm ommo'.n _ c0 � O > im N O N 6 0 yQj 0 moo o m oco 0 000mommNO x 0 a j Q m O InM Qi i� p C N Q M Y Y N 0 ~ 76 Z U O E d 'E W W Wd 3 U c a �aa E`o p> ¢ E. w x cc n ZY 3 moE o �' W <cmo E a.�: C: >0 WZ w Q Ema VGa`- d' -aE_`m °6Cm -a CW d' N o? VlZ a c o- W O En w a v d LL X OW 6W. pinS `� °� 0 d�E- J-iUwS mmt M. Q ¢ N U O U c v c MO c� y Ha�4Et =� Ww z Z�drg a sg�°= °vo m SOO W ON C- QU30U>(53M3:¢ a UQ a H Z U w ¢° Z ,I1 d m a_ N d N C d 6 x W d C EAST VALLEY WATER DISTRICT CAPITAL IMPROVEMENT PROGRAM INCLUDING CAPITAL BUDGET FOR FISCAL YEAR 2010 -2011 Updated through October 2010 Page 1 EAST VALLEY WATER DISTRICT Capital Improvement Program Updated through October 2010 Page 2 Prior Current (Memo) ViiilffiffIRIJIM Projects- By Type Years Year 2010 -11 2011 -12 Actual Actual Budget Year Source of Supply Plant 150 Wells Lower Zone Wells (2) Sunrise Ranch Wells (4) Total Source of Supply Projects - - - Treatment Facilities Plant 134 - Upgrade Technology 1,758,011 76,075 10,547,500 5,175,500 Plant 150 - Lower Zn Perch Treat. PI - Phase 1 1,825,125 18,892 1,200,000 7,890,000 Plant 150 - Lower Zn Perch Treat. PI - Phase 2 - - - - Plant 152 - Inter. Zone Perch Treat. Plant - - - - Total Treatment Projects 3,583,136 94,967 11,747,500T 13,065,500 Pumping Facilities Plant 9 - Rehab Forebay and Booster Station - - 50,000 - Plant 40 - Inter to Upper Zone Transfer 2,096 125 300,000 Plant 127 - Lower to Inter Zone Transfer - - - - Plant 12 - Replace Boosters / Well - - - 500,000 Plant 134 - Upper to Canal Zone Transfer - - - - Plant 39 - Inter to Upper Zone Transfer - - - - Plant 25 - Inter to Upper Zone Transfer - - - - Plant 143 - Inter to Upper Zone Transfer - - 1,000,000 - Total Pumping Projects 2,096 _25 1,350,000 500,000 Wastewater Collection System Sewer System Studies / Planning 142,662 7 370 50,000 250,000 Sewer Main Lining - - 200,000 450,000 Conejo Main Replacement 112,889 19.546 1,040,000 - Total Wastewater Collection Projects 255,551 26,916 1,290,000 700,000 Page 2 Page 3 Y Beyond 2012-13 2013-14 2014-15 2016-16 Project Year 3 Year 4 Year 5 Year 6 Year 6 Totals - 1,925,000 1,925,000 - 3,300,000 3,300,000 - 4,400,000 4,400,000 - 9,625,000 9,625,000 - 7,009,586 10,750,000 1,075,000 - - - 21,559,017 - - 5,050,000 2,850,000 - 7,900,000 - - - - 19,160,000 19,160,000 10,750,000 1,075,000 5,050,000 2,850,000 19,160,000 55,6218,603 250,000 - - - 250,000 - - 2,221 - 300,000 300,000 500,000 - - - 1,000,000 520,000 780,000 - - 1,300,000 - - 2,200,000 - 2,200,000 400,000 - 400,000 - - - - 2,900,000 2,900,000 1,270,000 300,000 780,000 2,600,000 2,900,000 8,352,221 - - - - - 400,032 450,000 450,000 450,000 450,000 1,800,000 4,050,000 - - - 132,435 450,000 450,000 450,000 450,000 1,800,000 Page 3 EAST VALLEY WATER DISTRICT Capital Improvement Program Updated through October 2010 Page 4 Prior Current (Memo) Projects - By Type Years \'ear 2010 -11 2011 -12 Actual Actual Budget Year 2 Transmission & Distribution System 6th St 20" Pipeline - Plants 11 & 12 to 150 - 510,000 Live Oak Main Replacement 9,943 9,136 70,000 - Harlan Lane Main Replacement 7,957 90,000 70,000 Cunningham / Hillview / Crest / Bruce - 450,000 - 6th St 30" Pipeline - Plant 151 to Plant 40 2,469 100,000 3,815,000 6th St 30" Pipeline - PI 40 to PI 143 - - - 9th St 12" Pipeline - Del Rosa to Sterling - - - AMR Meter Replacement Program 30,714 200,000 300,000 Plant 59 Recoating - - 300,000 Plant 143 - 10mg Inter Zone Storage 619 1,050,000 - Reservoir- Greenspot Rd S Curve - - Reservoir -Seven Oaks Dam Rd - - Relocation of Facilities for Other Agencies 54,733 23,449 100,000 Eastwood Farms Assessment District 112,529 48,732 2,211,399 - Total Trans & Distribution Projects 185,162 303,117 4,271,399 4,995,000 General Projects GIS Implementation 457,752 102,109 160,000 100,000 Headquarters Building - - - - Total General Projects 457,752 102,109 160,000 100,000 Miscellaneous / Developer Projects Developer Water Facilities (Reimb by Fees) 226,444 (20,040) Developer Sewer Facilities (Reimb by Fees) (17,590) Regional Treatment Plant 24,246 Seven Oaks Dam (SAR) Dischar e 206,057 Page 4 Page 5 2012 -13 2013 -14 2014 -15 2015 -16 Beyond Project Year 3 Year 4 Year 5 Year 6 Year 6 Totals 510,000 207,079 77,957 2,060,000 - - 5,877,469 1,300,000 1,000,000 - 5,400,000 7,700,000 - - 700,000 - 700,000 300,000 300,000 - 930,714 - - - 300,000 - 10,700,000 10,700,619 - 10,700,000 10,700,000 - 10,700,000 10,700,000 - 78,182 - - - - 161,261 3,660,000 1,300,000 700,000 37,500,000 48,643,280 - - - - 659,861 10, 000,000 10, 000,000 10,000,000 10, 659,861 206,404 (17,590) 24,246 Page 5 H U U 1- 0 O O 0 x W QDo LL O o w o J a' N J O >m H *( Z o -(%� ? (D W (n Z LU 0) r D W 0 m N 0 N = O O N ¢ z a w W O a W O Z U W �. (n w U) a 0 W d CO W W O (LO O N O O O O N N L6 < t W 0w 0u� Z W C7 W N Z o 0 n 00 2' W F X (n W 0 U W U W vi W ui N vi N o ui O i W v W U) J cn w Z O O N m O O m t O W X w 0 U W U W 0 o ([i ro 0 0 o V 0 0 vi C11 0 0 vi o o (n o c c L i p W W W (n W u) Z W W c W N i a w K 0 U W U W 00 LO ano 00 (n ano 00 O C 00 o ` 0° 0 rn i i x W V F) W W C.7 U) W (n W N Z (O V. (O N W J n. X W W 00 °o °o 0 00 i U W (/> W W 0 (°� u°� (0n °o o r i ( r O W Y C7 F- U Z 00 J W U = ¢ W O a W O Z U W �. (n U) a a0° ¢w 0w 0u� W a U) W w J H Q en w U) Z w LL o w N � o Oo F N U W W Q it W Q } LL J O (¢j Qm W LL O m H LL I O o 0 Z o 0 0 o 0 0 0 0 0 0 W F M o o 0 0 0 0 0 0 <W (Q N N N N N N p) m 1n r 0 Q O N N 0 0 0 0 O co LL r c O C F U w 0 m O N a m c m t O m . 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LU w W LU Z w O LL o Z O O N W P: p p 0 H w Q W N N LL W N O o U O rn rn Q N a) N W U O Q Z U cm C C (0 N `c - O (� J > U LL F 0 IL J O U ° U rn 5F I v U) 0 0 w r o z U z z w C7 p Z o Z) J H CL w c9 Y (D Z Q y J_ Q d U W U Z .- W 0O d N W � o O° N W Q W } p J LL OU C) (n of LL Q co d] H LL L W W Er Q Q LL LL J jr C. K Q W U z W U LL' W LU LL Z O U ° ono N O 0 co m M It N N O Z 00000 0 0 O O . F- W N N 0 N N N Q W 'O L U 0] 0 O d U E W U W E Q O E z ¢ U ` E N �,. y Q O Fp E p E❑ o E U m �U o @[0 W oC7 m U E'� 3 y d 0 m o m `° w Q U U U C C C U U J O O O ° O w N O W N N N z O C7 z LO rn 3 0 w J CD O Z °o U' y o w J Q ww of = o ° °o LL LL 't w U 2 d' L LU U Q LU d o X N O LO c O w U O O o 0 ON z w U o uiai� �, N N O F rl� = w UQ w w LL w w z K >- O FQ LL U) O 0 LL � C7 °OOo Q z 000 m W F A N N Q p I-w N I� fi rrN N QM O 0 0' O' V' N LL I� W W m O O n�m00 c g N c rn o 0 '- Lo LL w d E U 0 j I E p z ma m o a� -o _ E U E E y a a m Q m O D O d � o 0 u o a J a7 m.E IrN m m°�wcr3vm F, EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Matt Le Vesque Board Meetings 9 -Nov 23 -Nov Conferences and Other Meetings DATE ORGAN 1 -Nov SBVMWD TION MONTH November 201 PURPOSE BTAC — 4 -Nov Highland Chamber Chamber Open House 8 -Nov EVWD -I-SA Employee Orientation 16 -Nov EVWD Public Affairs Committee 17 -Nov EVWD Manager's Contract Committee _ 19 -Nov CMUA Board Meeting 23 -Nov Highland Ghamber Lunch — 24 -Nov SB Chamber Morning Meeting 29 -Nov WEF Water Leaders Presentation 30 Nov ACWA Trade Show .— Travel Expenses (Details on Back) Director's Signature Dare of Board Approval Administrative Manager Miscellaneous Notes TOTAL # OF MEETINGS 10 @ S17500 each $ 17t;0 00 g '1 00 Total Director's Meetings & Expenses S 1821 00 Less Any Advance Payments 5 TOTAL DUE DIRECTOR $ 1821 00 TRAVEL EXPENSES Lodgings (Detailed receipts attache:' DATE FUNCTION ATTENDED Personal Auto (Detailed receipts attacrnec- DATE FUNCTION ATTENDED 30 -Nov ACWA AMOUNT S S c 5 c TOTAL LODGING S PARKING MILES FEES 142 5 S TOTAL FEES S CURRENT RATE 50 50 TCT -L ': ILES 142 5 71 00 Meals (Detailed receipts attached', DATE FUNCTION ATTENDED AMOUNT S Other (Detailed receipts attached' DATE FUNCTION ATTENDED ORIGINAL RECEIPTS REQUIRED S 5 S TOTAL MEALS S AMOUNT TOTAL OTHER S TRAVEL EXPENSES 5 71 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Larry Malmberg Board Meetings *11-9-101 *11-23-10 Conferences and Other Meetings DATE ORGANIZATION 3 -Nov *SBACC 10 -Nov *SBACC 15 -Nov *Special Districts 16 -Nov *EVWD 17 -Nov *SBACC 19 -Nov *CMUA 24 -Nov *SBACC 29 -Nov *ACWA Travel Expenses: (Details on Back) Director's Signature Date of Board Approval Administrative Manager Miscellaneous Notes MONTH November, 2010 PURPOSE San Bernardino Chamber of Commerce Coffee Clatch _ San Bernardino Chamber of Commerce Coffee Clatch in Victorville Public Affairs Meetin San Bernardino Chamber of Commerce Coffee Clatch Legislative Meeting in Ontario CA _ San Bernardino Chamber of Commerce Coffee Clatch _ Awards presentation for staff member _ TOTAL # OF MEETINGS 10@ $17500 each $ 1750 GO Total Director's Meetings & Expenses $ 1 t)l Less Any Advance Payments $ TOTAL DUE DIRECTOR $ 1 i9 EM L11 A TRAVEL EXPENSES Lodgings: (Detailed receipts attached ") DATE FUNCTION ATTENDED S TOTAL LODGING $ Personal Auto: (Detailed receipts attached') DATE FUNCTION ATTENDED _ MILES 15 -Nov Special Districts Meeting in Victorville _ 78.8 $ 19 -Nov CMUA Legislative Meeting in Ontario CA _ 564 S $ CURRENT RATE $0.50 Meals: (Detailed receipts attached ") DATE FUNCTION ATTENDED 15 -Nov Special Districts Meeting in Victorvdle Other: (Detailed receipts attached`) DATE FUNCTION ATTENDED . ORIGINAL RECEIPTS REQUIRED TOTAL. 'All $ TOTAL FEES $ 135.2 $ AMOUNT PARKING 6760 AMOUNT $ 36 $ $ $ TOTAL MEALS $ 36.00 AMOUNT $ TOTAL OTHER $ _-a6-.-50 TRAVEL EXPENSES $ 0 103.�G EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR James Morales Jr. MONTH November 2010 Board Meetings 11/09, 11/23 Conferences and Other Meetings DATE ORGANIZATION PURPOSE 23 -Nov SB City Council Sewer fee increase (Prop 218) N/C 23 -Nov 30 -Nov Highland Chamber Dr. Bill Mathis Travel Expenses: (Details on Back) Director's Signature Date of Board Approval Administrative Manager Miscellaneous Notes EVWD Strategic Planning TOTAL # OF MEETINGS 3 @ $175.00 each $ 525.00 Total Director's Meetings & Expenses $ 525.00 Less Any Advance Payments $ TOTAL DUE DIRECTOR $ 525.00 TRAVEL EXPENSES Lodgings: (Detailed receipts attached'; DATE FUNCTION ATTENDED Personal Auto: (Detailed receipts attached') DATE FUNCTION ATTENDED AMOUNT $ TOTAL LODGING $ PARKING MILES FEES e TOTALFEES $ CURRENT RATE: $0.50 TOTPI. M LES $ Meals: (Detailed receipts attached') DATE FUNCTION ATTENDED TOTAL MEALS $ Other. (Detailed receipts attached') DATE FUNCTION /NATURE OF EXPENSE _ ORIGINAL RECEIPTS REQUIRED TOTAL OTHER $ TRAVEL EXPENSES $ EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Sturgeon MONTH 11 2010 _ Board Meetings 9 & 23 Conferences and Other Meetings DATE ORGANIZATION PURPOSE 3 WEF Water Quality Conference 4 WEF Water Quality Conference 30 ACWA Fall Conference 16 EVWD Community Affairs Committee 8 MWD Four Committee Meetings TOTAL # OF MEETINGS 7 @ $175.00 each $ 1,225.00 Travel Expenses: (Details on Back) 11/30 ACWA Conference Fee $ 275 .00 Total Directors Meetings & Expenses $ 1 , 500 . 0 0 Directors Signature*- Less Any Advance Payments $ Date of = Board Approval 12/14/10 TOTAL DUE DIRECTOR $ 1 , 5 0 0 . 0 0 Administrative Manager Miscellaneous Notes EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Wilson MONTH Nov 2010 Board Meetings 11/9,11/23 Conferences and Other Meetings DATE ORGANIZATION 17 -Nov EVWD GM Eval Fall Conf PURPOSE 11/29.11/30 ACWA Travel Expenses: (Details on Back) Director's Signature Date of Board Approval Administrative Manager Miscellaneous Notes TOTAL # OF MEETINGS _ 5 @ $175.00 each $ 875.00 $ Total Directors Meetings & Expenses $ 875.00 I ess Any Advance Payments $ TOTAL DUE DIRECTOR $ 875.00 7PP7 6dL November 18, 2010 WATER EDUCATION r FOUNDATION 717 K Street, Suite 317 r Sacramento, CA 95814 Phone: 916-444-6240 Fax: 916- 448 -7699 www.watereducation.org r:;!V htcp:flaquafornia.com Robert Martin East Valley Water District w.11.am R. I!. W.1m. R, M PO Box 3427 I San Bernardino, CA 92413 VICE.PRESmI.NT I,— A. Mum, K, k, A1..4,., n, SECRETARY Gan wn,h,amd h..nmrnhhrrnhn..G�m,.. „” Dear Mr. M i TREASURER Michael T. S—,, 1 [1`i EXECUTIVE DIRECTOR We want to personally thank you for your sponsorship of the "2010 R„a S Ermd, Sndmw W...:. Ed,.,ann.. F..m.d.... ", Water Quality & Regulatory Conference" on November 3 & 4, DIRECTORS: l,,a, 2010, at the Doubletree Hotel and Convention Center in Ontario. John mn M,, qa.. lu.l..n T. din Thomm M. Rc er IS, —Sl " "` It' We were very with the event, the speakers, and the Tha u-, L. Ae„a.r pleased participation. The Water Education Foundation is dedicated to °,t, M. "J-d t,,.,t.,,I .. WawrAo—, providing our participants with high quality experiences which are CII . c only with help from organizations like ours. Ae'n' ..ono \PI....h.J Rorea A.a, u.. n possible Huali Cha I- Uma ., Hi C Cha. J.N.11 Coeh MWH Danid M. Dooln I) ,'A Calrt „nu Ph l Dunn A COM Har -rson C. "ILE, Dunnmg D, i., a,....,,., ..r=oa r,...,,_.. Deem, tot—hi fary do, 0 F.J...o W,— Duna Lindy Flat ch—m u Far Rn....lrn--- Wo, w,.r. KahvE.Frv, CI {; M I Idl D-id J. Gv,. No. h.... CAn.vo.. W,v A.....o,aa RS.Adl Kim—, Fax IS, Mm mall Lnla, D..mo Ida. Ahern Mnhei, o,.ru Ranh W:an Drvn.. Jonas Mimm. 11—nmg N G....n+u.m Le.muv Deal 0, S 'nmamr H. Q.iaa ACWA wllhan £. Rinne S., Wia,, Amh.nm Rmn1d R. Rohm Coro. o, Appal. 3,d An,, fl— Dnma Anthonv S—ino Th. Na,w, C,o.. .. m,q Samru 'Sat” Tamanbuchl Fo_,mm.ma C mmham Linda Waade MWD. !S —oi nCahl -.n.a WO— ap W.dm. Rp. la, William R. Giandh £m. I-I Env.un We hope you will continue to be involved in the Water Education Foundation's programs. Please regard us as a resource on water issues and do not hesitate to call if we can be of assistance. Again, we thank you for your time and support. Sincerely, Rita Schmidt Sudrnan Executive Director Water Education Foundation Jo McAndrews President McAndrews and Boyd The mown of the Water Education Foundanon, an Inipan iad, nonprofit ntgannation, is m create a hettet understanding of wait[ resources and foster Publa und .... andmF and ms of ESo of water re,...... u... SS through facilitation, education and outreach. The ASBCSD Board of Directors will be hosting the December 13th, 2010 Membership Meeting at The Castaway Restaurant 670 Kendall Drive San Bernardino, CA 92407 (909) 881 -1502 The social hour will begin at 6:00 PM with a call to order at 6:45 PM. Dinner: Plated dinner with a choice of chicken in white wine sauce with artichoke hearts and capers orvegetable wellington in a roasted red pepper sauce, plus mixed greens with a raspberry vinaigrette dressing, warm rolls and butter, cheesecake with raspberry sauce, and iced tea, water, and coffee to drink. Program: Douglas Headrick will be our speaker and the topic will be an Update on the Critical Habitat Designation for the Santa Ana Sucker. Cost: $35.00 /person SPECIAL INSTRUCTIONS: Due to Castaway policy, RSVPs need to come in as soon as possible. Please RSVP to: Lillian Hernandez FXecutiyc Assistant Board Secretary San Wmardino Valley Municipal Water District (909)387 -9214 I.illi.AnI l(a)sbvmwd.com The. ASBCSD mailing address has changed! Make checks payable to ASBCSD and send to ASBCSD P.O. Box 1757 San Bernardino, CA 92402 District /Associate: Attendee (s): Reminder: There is a $2 surcharge for reservations made after the deadline date, as well as for coming to dinner with no reservations. You will also be billed for the dinner if your cancellation is not received prior to the deadline. Driving Directions to The Castaway Exit "H" Street --turn left (north). The second light is 30th Street - -turn right (east). The first light is "E" Street - -turn left (north). The Castaway is one mile ahead on the right side of the street - - "E" Street turns into Kendall as one begins to go up the hill. Exit "H" Street - -turn right (north). The first light is 30th Street - -turn right (east). The first light is "E" Street - -turn left (north). The Castaway is one mile ahead on the right side of the street - - "E" Street turns into Kendall as one begins to go up the hill. Exit "E" Street - -turn left (north). The Castaway is one mile ahead on the right side of the street - "E" Street turns into Kendall as you begin to go up the hill. Exit the 210 east. Exit "H" Street - -turn left (north). The second light is 30th Street - -turn right (east). The first light is "E" Street --turn left (north). The Castaway is one mile ahead on the right side of the street --'E" Street turns into Kendall as one begins to go up the hill. .: 40 fiM1 "7 mr oY T H: a "� W Wt. " Foothill F.vy 210 - i tiF.i) T 210 � I.,III)::ertrl 7 �n r o u�` � vd -Ijhld nak::e 259 sa y Il l�.'Hh. iA6y� vv Sao-, st N' Je .Iv.,nd F'Laa 18 c a41-. S: r - FOOINIt Fwy - z i s s. 'c m L IIgb.rrv�. i• ) 0 _ E C) \ O \ / \ ƒ q R / } 5 U A A m % = \ § § § j -'4 § C� a § Ln / \ / O u §/£ q f / CJ nƒ \ California Municipal Utilities Association 915 L Street, Suite 1460 • Sacramento CA 95814 • 916/326 -5800 • 916/326 -5810 fax • www,cmua.org December 7, 2010 TO: CMUA Legislative Committee, Heads of Utilities & Elected Officials FROM: Dave Modisette, Executive Director Alicia Priego, Director for Energy and Jennifer West, Director for Water SUBJECT: CMUA Capitol Day Events and CMUA Board of Governors' Meeting Please mark your calendars for CMUA's Capitol Day on Monday, January 24, 2011. This will be your agency's opportunity to hear from legislative leaders in water and energy, to meet the newly elected legislators and explain your agency's views on pressing public utility issues including renewable energy, water and energy efficiency, implementation of the Delta package and much more Legislative Briefing & Lunch Hear from key legislators and committee staff about the energy and water issues that will dominate the 2011 legislative year. The briefing will be held on Monday, January 24'" at the Sacramento Convention Center (1400 J Street, Room 202) beginning at 10:30 am with legislative visits following lunch. Legislative Visits & Reception Please schedule appointments to meet with your legislators and their staff the afternoon of January 24'" and invite them to the President and Vice President's Reception planned for that evening at the Sheraton Grand Sacramento (1230 J Street, across from the Convention Center) from 5:00 to 6:30 pm. Due to Fair Political Practices Commission regulations, these personal invitations cannot come from CMUA staff. Formal invitations will be delivered in early January from the President and Vice President of CMUA to the legislature. Please keep CMUA informed of any RSVP confirmations you receive from those you invite to the reception. Schedule of Events (tentative): Monday, January 24, 2011 • 10:30 am to noon Briefing with legislators and legislative staff on energy and water issues — Sacramento Convention Center (1400 J Street, Room 202, Sacramento) Confirmed: Assembly Member Jared Huffman, Chair — Assembly Water, Parks & Wildlife Committee Dennis O'Connor, Principal Consultant — Senate Natural Resources & Water Committee Invited: Senate Pro Tern Darrell Steinberg Senator Alex Padilla, Chair — Senate Energy, Utilities & Communications Committee Assembly Member Steven Bradford, Chair — Assembly Utilities & Commerce Committee • Noon Lunch with Guest Speaker — to be announced soon • 1:30 pm to 5:00 pm Capitol Visits — State Capitol • 5:00 pm to 6:30 pm President & Vice President's Legislative Reception — Sheraton Grand Sacramento (1230 J Street, Sacramento) Tuesday, January 25, 2011 9:30 am to noon CMUA Board of Governors' Meeting — Sheraton Grand Sacramento (1230 J Street) Register To register for Capitol Day and the Board of Governors' meeting, please fax or email (916/326 -5810 or darmstrong @cmua.org) the attached form to CMUA and mail your registration fee of $125 per person (cost for all Capitol Day events) to 915 L Street, Suite 1460, Sacramento CA 95814. Participation at Capitol Day and the Board of Governors meeting are open to CMUA members only. Hotel reservations can be made by contacting the Sheraton Grand Sacramento at 916/447 -1700 California Municipal Utilities Association 915 L Street, Suite 1460 • Sacramento CA 95814 • 916/326 -5800 • 916/326 -5810 fax • www.cmua.org CMUA's CAPITOL DAY — MONDAY, JANUARY 24, 2011 LEGISLATIVE BRIEFING, LEGISLATIVE VISITS AND PRESIDENT & VICE PRESIDENT'S RECEPTION SACRAMENTO CONVENTION CENTER & SHERATON GRAND SACRAMENTO Registration Form Schedule of Events (tentative) Monday, January 24, 2011 • 10:30 am to noon Briefing with Legislators and legislative staf' on energy and water issues — Sacramento Convention Center (1400 J Street, Room 202, Sacramento) • Noon Lunch with Guest Speaker — to be annou,rced soon • 1:30 pm to 5:00 pm Capitol Visits — State Capitol • 5:00 pm to 6:30 pm President & Vice President's Legislative Pe -eption — Sheraton Grand Sacramento (1230 J Street. Sacramento) Tuesday, January 25, 2011 • 9:30 am to noon CMUA Board of Governors' Meeting — Sheraton Grand Sacramento (1230 J Street) Register To register for Capitol Day and the CMUA Board of Governors' meeting, please fax or email (916/326- 5810 or darmstrong @cmua.org) the attached form to CMUA and mail your registration fee of $125 per person (cost for all Capitol Day events) to 915 L Street, Suite 1460, Sacramento CA 95814. Participation at Capitol Day and the Board of Governors' meeting are open to CMUA members only. Please return this form with your registration fee of $125 per person (for briefing, lunch and /or reception) to: California Municipal Utilities Association 915 L Street Suite 1460 Sacramento CA 95814 -3705 • fax registration form to 916/326 -5810 Questions: Contact Debbie Armstrong at 916/326 -5800 or darmstror_q o mua.orp (Please complete one form per individual) Name to be printed on name badge Title Utility Name Telephone Please keep CMUA informed of any RSVP confirmations you receive from those you invite to the reception. Thank you. Cancellations must be received by 5:00 pm on Wednesday ;.11912010 fora refund. Please indicate below which events you plan to attend - please fax to 916/326 -5810 (The registration fee is $125 for one or all events): Monday, 1/24/10 events: Morning Briefing 0 Lunch = Reception Tuesday, 1/25/10 event: Board of Governors' meeting 0 Hotel reservations can be made by contacting the Sheraton Grand Sacramento at 916/447 -1700 UIRZ- CSDA An essential workshop for both experienced and newly elected /appointed special district officials. JANUARY 6,2011 - SACRAMENTO, CA JANUARY 27,2011 - RIVERSIDE, CA FEBRUARY 3, 2011 - MONTEREY, CA Get current on major issues facing districts propositions, transparency, legal, etc. "Great seminar! Very useful to a new Director. " -- Previous attendee CALIFORNIA SPECIAL DISTRICTS ASSOCIATION HOW TO BE AN EFFECTIVE BOARD MEMBER AN ESSENTIAL WORKSHOP FOR III IT Ea^ R'I NT-ED AND NEWLY ELECTED/APPOINTED SPECIAL DISTRICT BOARD MEMBER TRAINING An experienced or newly elected131; -)ointed official should have a solid understanding cf what the role entails as well as a complete and )rstanding of the laws that must be followed. This !rz Ping provides attendees with this valuable iniornetion and the tools they need to effectively gov>rn and advocate on their district's behalf. "Liked all of it. At' parts were inforjnatiue and interesting." - Pfew)us attendee Attendees will leave this woi Get current on major issues propositions, transparency, • The major legislative issue districts (Prop. 13, ERAF, L fiscal relationships, etc.). • A comprehensive overviet including their history, struct differences, funding mechar play in communities. • A board member's roles a - Making and approving ap - Community leadership - Strategic thinking - Developing and participat and purpose • How to be an advocate fot • The intergovernmental iss between cities, counties, sp LAFCo and state governme • Trends in special districts • The general laws that gov and their board members. - Ralph M. Brown Act - Conflict of interest/ethics Being a board member is a bic training can help make it a lot ...................................................... .... .... _.. .... ._ .................... Get the information and training that ALL board memb should have... REGISTER TODAY! :................................ ....... ............. .............. . ................................................................... ............................... 4L5. understanding: RELATED OPPORTUNITIES CSDA Special District Leadership Academy rw - CSDA's Special District Leadership Academy is the advancer! traininn that follows the How To Be CSDA.'11Xaei which was created to provide governance training Li°•"�'�'A j to special district officials, consists of 4 curriculum- s based courses including the following: • Governance Foundations • Setting Direction /Community Leadership • Board's Role in Finance & Fiscal Accountability • Board's Role in Human Resources The How To Be An Effective Board Member training program is meant to give attendees an introduction and overview of these topics. The academy will take the major components one step further to deliver a more in -depth understanding. Go to www.csda.net to rind out more. ........................................... ............................... Developed by special districts for special districts. THREE WAYS TO REGISTER Mail, fax or online • Mail or fax this form (one form per person) to: California Special Districts Association 1112 1 Street, Suite 200, Sacramento, CA 95814 (916) 442 -7889 fax • Register online at www.csda.net Registration must include payment in order to be processed. "It gave me tools I need. " — Previous attendee districts BOARD MEMBER REGISTRATION Questions or comments? BOARD REGISTRATION Please fax or mail completed form to: atc. Il D O Toll -free - 877.924.CSDA (2732) CSDA, 1112 1 Street, Suite 200, PLEASE MARE THE PROPER SEI hl TONS BELOW. Sacramento, CA 95814, 916.442.7889 fax affect special state & local cost $225- Member ❑ $375- Non -member ,ecial districts 3anizational nd the role they LOC111600S - please refer to the location list on the for left panel for complete addresses. ❑ January 6, 2011 ❑ January 27, 2011 ❑ February 3, 2011 ponsibilities. Is district policy CSAC Conference Center Western Municipal Water District Sacramento, CA 95814 Riverside, CA 92508 Pebble Beach CSD Pebble Beach, CA 93953 he board's vision TOTAL AMOUNT ENCLOSED: b C� at districts. Name7Title id relationships stricts, schools, District Address eeial districts City State Zip Phone Fax Email lur cost- effective Payment Method: (]Check visa F1 MasterCard Discover Acct. Name Acct. Number Exp Date Authorized Signature ............................... Payment must accompany registration In order to process. Special needs Vegetarian Other: ranrsllatian policy: C ir,h,,non. muu be made IN WR177.VG and re,eiurd ota fax o, mml fioe days prm> m the event. All ranrcllanonr made auhin rh,,p, frrd time .ill br refunded &e, a $25 p>are..mof,,. PRESORTED California Special Districts Association FIRST CLASS 1112 1 Street, Suite 200 U.S. Postage IL Sacramento, CA 95814 PAID Permit No. 316 0 000 Sacramento, CA **-'ALL FOR AADC 923 Robert Martin General Manager East Valley Water District Po Box 3427 San Bernardino, CA 92413 -3427 ' ll) II�IIIIIItPIIIIIPtllllttltltullrll lrt�t,lfilill��fllhl rry r� rc r� L� I�c IrrIC!'11 L` NOV 13 2010 • a, V311ey KWer 01SWC1 a?ueLi�d' pirepso'M :e - ugao Jalsi6ai osle Aew noti nr (ZCLZ)VaSC 4Z61L2 - aaJl -pot sa I e,) Lsluawwoo io suogsanp d0'AMINOIN — l lOZ'£ Awnuu3j d0101SHIAM — t lOZ'LZ AuvnNvr V 01.NIMNS — t l0Z "9 AutlONvr 318131}}0 lou ;sip 1e13ads palu!o a pahaja jnnau pue paauaijadxa gloq aol dogsljonn leiluesso ud tlOSO 1 1 all =1 1 / �t` WWIIs �f .i To learn more about the tours... \ Sponsorship opportunities are .11916- 444 -6240 mart oa, webnte. available_ for the 20_11 tours! smaucwatereduratits .org /tours With our new sponsorship program, we have a variety of Registration &e for the y-dap room - mars is One room - $695 One people, single o benefits for lour tpn #SOYY mom- pert people sharing a room - $595 -.i each Regisrnnon fee for the 3 -day, l -eight more is I Publicity on the tour material, our websi[e, Agttafornia and Fambook. $450 Onee pasok'h'glle occupanry$yo5 Free tour seats and special event invitations for your company and c- prop ga room- clients are included. Disco available for regioaing four orm e- people per agenq MCLE (auomey) credits are available fn an additional fee Water plane operator DHS onus also ate.-liable For $100 per mm Register early, seating is limited. fn lam' N O - Oro (Oii " t alY oYS DIVd I v"lld s n Db0lreObdNDN To tailor the benefits to your company's interests, we have three sponsorship levels: Traveler, Adventurer or Trardbiaesr. Being a tour sponsor is a great marketing opportunity and a chance to be pan of a valuable educational experience that the participants remember and tdk about with their peers. For mare information about tour spvauonbip, contact Rebecca Scott at 916 - 444 -6240 or aroma saatrreduration osg 'ObY9'bbb9i�il._ / ialgegene aye sap�v odd0 d14stotuadS ny °•rye.- rwrrrn.ar�,,,�.1„ryr -rn OPM a LOW-0m N4 ppg UNWWAHWAW CM LDIDC H �ar�s/s#nVI wapai,ne mmm &ouo�leinpaalmu,r vl Ili ,us '.1vSI I" (1( il.n$ Yaaq$ N (I( NOIIVQNfl03 NOLLv na'a aazvt 7be Water Education Foundat-oai tours are field trips that offer participants a firsthand Ir atic at the water facilities, rivers and regions critical in the debate about the future of water resources. Issues of tower .tupply, water quality, environmental restoration, Hoed management, ground- water and water conservation are addressed by a wide range ofspeakers representing diflarent viewpoints. The mss am praised for being balan„d thorough and for Participants lain about local, vain and federal in, non, �, n all sides. Time for souafrmg and networking, deduced in the a nou p.c. -- n .dues. Sv tours w81 be offered in 2011 T.cr pl n. o, fee inducts tramportalon and lodging while on the mur, mews and barer a maeurd, Attomeys can cant continuing legal education cted'us io .,... d =na fee Water plant or wauewner plant operation, also can earn Cahn, rn n -n, of Health Snvic,s continuing ,duration credits NOTE Tour steps arc s.bj,,, to :hang< her ii, > new issues and btcom, of limited access based on potential s,ima, c ,nc:r it Lower Colorado River Tour It ,• i do 2T night tour follows the tours, of the lower Colorado River ,hmugl, N,,., and California, and mdudes a private tour of Hoover Dam "lour stops i::c ad he Yuma Deciding Plant, farms in the Imperial and Coachella vallevs.'.10:' vn Village, he All- American Canal lining and Drop 2 projects and the Salter. S, a I.u,n discussed include drought vnagtmem, the Central Aria, or itm;eu s i.rli gin, Nevada, tvana, needs, U.S. Mexico border issues, endangered sperm , water rights The tour begins in has Vegas and ends a Cahloimds Onus: I it r oml Airport Central Valley Tour - Tbs 3 -dair n in in avnk he length F,he San Joaquin Valle,. giving pnierpr.ts a sleai tin Ie, ++::ding of the Start Water Proles and Central Valley Project Steps m: not hi k, it County Water Bank, the San Joaquin River, Termmous Dam, Men 3o:, j( 1, Priam Dam, San Luis National Wildlife Refuge and San Luis Reservoir :, , f powth, water supply, flood management, groundwaer ban king, wet ..n... .inion restoration, and agricultural supply and drainage are discussed an in. :n r..hi h begins and ends in Bakersfield Flood Management TOUT - Tan: du,I eight tour begins at the American paver and .ravels along the Bea,, feather a.l S." amen. rivers mm the Delta or view Sacramtntoi flood management, systee r, pe include the State-Federal Flood Operations Ctntey Folsom Dam, p:emnr 1't r. Sacramento Weir, Yolo Bypass, and project and nonprojea Delta leveo I•:u,, v vtgetation on lavers and erosion control, urban and non urban It,cet anc v l u:_ sea level rise and responding to Proud emergencies wil l be all sainted. The of 4e{ to and ends in Sac ramemo. Bay -Delta Tour- Th is 3 -day, 2 -nigh rot , :a,.es participants to the hart of Calthums want policy - ,he Sacrameorc sa, jr,quin Delta and San Francisco Bay Step. include the Del. Croce ChanoeL h, C," c rSm,kmn, Bay -Delia model in Sausalito, Lot Vaqueros Beier—, oral Set,,. Marsh. Issues discussed include Delta planning initiatives, water protect .poor „"e f passage, ecosystem restoration, levees and flood managemem, >du apt. of lie.. {linking wader qualiry and wiser supply reliability. The tour begins and inn, 1, r,mcnm loner auoml Airpon and includes a ferry ride ..,a Sun Francis,. F a, Northern California Tour Th., ' d. y, 2 night tour travels the length of the Sacramenot Valley, a major source of want r , Y .hfomia. Snips Include Orodlle and Shan. dams, Red Bluff D.uuoo Dan t, Fender River Fish Haschery, battle Crack Dam mmoval sit, GCID's fish screen and Delevun Wildlife Refuge. Other highlight, induct a houseboat cmiu , : 'thaw. lits,o oin Participants learn about warn supply m nagtn . I n n.; -load management, groundwater management and roof ... rise mq and c:nr n r. mrauon.'Ihe mur begins and ends n Sacamenm International A,ipo.r San Joaquin River Restoration Tour - his 2 -day, 1 "night tour explores challenges associated with res ormg cow a e hmook salmon fishery to the San Joaquin River from be]., Fuam Da, in d., cnnflucncc torah the Merced Rita Tow stops odd, , v : n boaquin fish hatchery. Mendota pool, .arms, P. r t, d err g the river under consideration r for Wildlife Babbitt i �i nn lets, and ,he Identical National Wildlife Refuge '. -r -. v: learn abode watt, project operau.ns salmon sr a.,�, I and oaring, Wn'tutEODUnory agnculmral divas...., and gravel in.n n, m o. Th c runt POUNDAPION begins and end, in Fresno Il. llpl. 1, Inllulu111111n ,IIIL.IPPIr'IlhJldlu llHn L09Z-9ti£Z6 dO ONV -lHJIH 91, 31S 3AV ONV1H91H V99£ 2139VNVVY NIVYGV ZZ00 N3SNOR14N3H 3N11Sflf £Z611914-fi..Olf v........* itP(j Of4'ON 11W113d VD 'O1N3WVNDVS QIVd 30ViSOd 'S'n DNO 1130bdNON worelwo;enbe•mmm 6jo•uope:)npajaienn•, mm bi8S6 VD 'o;uaweiZ)eS Li£ alins 'aaazas N LiL NollvaNrlo3 NOLLVJf1Q9 2I -JI.VAk, rw 7.1 Lgdd A briefing for water district managers and board members, state and federal agency officials, city and county govern- ment officials, farmers, environmentalists, attorneys, consultants, engineers, business executives and public interest groups. At this day and a half event, top policy makers and leading agricultural, environmental and urban water stakeholders will provide the latest information on: Water and the Brown Administration Legislative Priorities What's Next for the BDCP? The Delta Stewardship Council Science: Communicating with the Public The Colorado River Groundwater Management: Next Steps Water Rates, Pricing and Transfers Registration Name(s) Job Title(s) _ Organization Address Email City Phone Time and Place Thursday, Marcl 24, 8:45 a.m. — 4:30 p.m. (Registration begins at 8 a.m.) Friday, March 25, 8:30 a.m. —12:30 p.m. at the Doubletref • Hotel, 2001 Point West Way, Sacramerto. Registration General registration for both days is $25Af6rsFoundatioaa major contribu -o rs ($100 or'more annual contribution); $350 for non- ccmributors. Thursday -only: $175 for major contributors; $225 for non - contributors. Fee inclu4es:a. continental bre i1 fast both days, and lunch and a hosted reception on 1 arch 24. Hotel Reservations We love secured aliinited iair irtier of'itiab'iiisai+tliAe " Doubietree Hot e'. at the special rate of $84, plus tax; per night. Room reservations can be made by contacting. the Doubletme al 916 - 929 -8855. Be sure to say you are attending the Wa ter Education Foundation briefing. Cancellation policy Full iefunds (less a $25 adl adowflee) wili-be given-if written n otice is repdh4d by 5 On. March 1v- Substitutions m a'v be madeat athy time. C411 the Foundation, VI &444 624t tlr o' p* kte r /fp4j�f 4nf i i 9 it BirKiiM6;'o ittjtortnnton o;t "tzs e5isi evea.rvtsa website, za_ itutwaterellucaition .orgJc ©nferenc s W Mi Online registration is available at www.watereducation.org /conferences Faxed reservations will be accepted with purchase orders or credit cards. Enclosed is my registration fee: ❑ $250 (WET major contributor of $100 or more) 0 $350 (Non- contributor) O $175 (Thursday -only, WEF major contributor) ❑ $225 (Thursday -only, WEF non - contributor) Credit card number Signature Zip Lunch choice ❑ Beef ❑ Chicken ❑ Vegetarian Purchase orJer e ❑ Mastercard J Visa ❑ American Express (must be signed to process credit card order) __ Exp. date Return form with payment to: Water Education Foundation, 717 K Street, Suite. 317, Sacramento, CA 95814 FAX: 916/448 -7699 or register online at wwM.watereducation.org /conferences