HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 04/26/2011East Val ley
t"OWater District
3654 HIGHLAND AVE., SUITE #30, HIGHLAND, CA
BOARD MEETING April 26, 2011 3:00 P.M.
0410►11rZ7
"In order to comply with legal requirements for posting of agenda, only those items filed with the
District Secretary by 12:00 p.m. on Tuesday prior to the following Tuesday meeting not requiring
departmental investigation, will be considered by the Board of Directors ".
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
--------------------------------------- ----- --- ----- ----- ----- -- - -- - --
1. Public Comments
2. Approval of Agenda
CONSENT CALENDAR
3. Accounts Payable Disbursements: Accounts Payable Checks # 227963 through # 228339
which were distributed during the period of March 16, 2011 through April 18, 2011, in the
amount of $1,715,566.58. Payroll and benefit contributions for the period ended April 18,
2011 and included checks and direct deposits, in the amount of $503,130.51. Total
Disbursement for the period $2,218,697.09
4. General Managers Expenses
5. Development Agreement between East Valley Water District and Wal -Mart Stores, Inc. for
water and sewer services located at 4210 East Highland Ave., in the City of San Bernardino,
County of San Bernardino, State of California
6. Development Agreement between East Valley Water District and H & H General
Construction Inc. for water service located at 27320 Meines Court, in the City of Highland,
County of San Bernardino, State of California
OLD BUSINESS
7. Discussion and possible action regarding the City of San Bernardino's sewer rate increase
and the scheduling of a public hearing
NEW BUSINESS
8. Review and accept financial statements for the month endec F ebruary 28, 2011
9. Review and accept summary report of Board expenses through February 2011
10. Discussion and possible action regarding the District's previous positions on Assembly
Bills: AB 23, AB 229, AB 276, AB 148, AB 253, AB 527, A13 582
REPORTS
11. Review and accept the Quarterly Investment report ending March 31, 2011
12. General Manager / Staff Reports
13. Consultant Reports
14. Committee Reports
• Legislative (Standing) Accept minutes for March 11 2011
• Community Affairs (Standing)
• Policy Committee (Standing)
• Labor Negotiating Committee (Ad -Hoc)
• Succession Planning Committee (Ad -Hoc)
15. Oral comments from Board of Directors
16. San Bernardino Area Chamber of Commerce Thirty -Fifth Annual " Law Enforcement Recognition
Dinner ", May 12, 2011
CLOSED SESSION
17
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
[Government Code Section 54957]
Title: General Manager
CONFERENCE WITH LABOR NEGOTIATOR
[Government Code Section 54957.6(a)]
District Negotiator: To be determined
Employee Organization: S.B.P.E.A.
0)
19. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(c)
One (1) Potential Case
20. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
[Government Code Section 54956.8]
Property:
Patty with whom District will negotiate:
Patty who will be negotiating on behalf of the District:
Under Negotiation:
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
ADJOURN
APN: 0297 - 061 -22 &
0297 - 061 -23
City of Highland,
State of California
Potential Buyers
Robert Martin
Price and Terms of Payment
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Pursuant to Government Code Section 54954.2(a), any request for a disability- related modification or
accommodation, including auxiliary aids or services, that is sought in order to participate in the above -
agendized public meeting should be directed to the District's Administrative Manager at (909) 885 -4900 at
least 72 hours prior to said meeting.
3
t"OEast Valley
Water District
Board Memorandum
From: Brian W. Tompkins / Chief Financial Officer/
Subject : Disbursements.
Recomnnandation:
Approve the attached list of accounts payable checks and
payroll issued during the period March 16, 2011 through
April 18, 2011.
Background:
Date APRIL 26, 2011
Accounts payable checks are shown on the attached listing and include numbers 227963 to 228339 for
A total of $1,715,566.58.
The source of funds for this amount is as follows:
Unrestricted Funds $1,514,197.05
Bond Financing $0.00
State Financing $201,369.53
Payroll and benefit contributions paid for this period totaled $503,130.51.
Total disbursements $2,218,697.09.
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East Valley
t"OWater 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 March
16, 2011 through April 18, 2011.
Background:
Date: APRIL 26, 2011
Business and Travel expenses incurred by the General Manager and paid during the reporting period
stipulated above totaled $3256.55.
A summary of theses expenses by authorized payment methods follows:
American Express — R Martin
2211.44
American Express — J Hendricksen
CalCard — R Martin
476.54
CalCard — J Hendricksen
CalCard — E Bateman / C Contreras
Direct Reimbursement
568.57
Total
3256.55
Highland, CA
Store #1914 -04
DEVELOPMENT AGREEMENT FOR WATER AND SEWER
THIS AGREEMENT is made this — day of by and between EAST
VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT'), and
WAL -MART STORES, INC., a Delaware corporation (hereinafter "the DEVELOPER ").
RECITALS
A. The DISTRICT is a County Water District organized and operating pursuant to
California Water Code Section 30000 et seq.
B. The DEVELOPER proposes to subdivide and develop certain real property within
the boundaries of the DISTRICT, which is located at 4210 East Highland Avenue, in the City of
San Bernardino, County of San Bernardino, State of California, and is generally identified as
Assessor Parcel Nos. 1199-671-22, -27, -28 (hereinafter "the PROPERTY), and more
particularly described by the legal description attached hereto as Exhibit "A" and incorporated
herein by this reference.
C. The development of the PROPERTY will consist of the expansion of an existing
retail store, and the DEVELOPER desires that the DISTRICT provide domestic water and sewer
service to the PROPERTY. The DEVELOPER intends to design and construct the facilities
necessary for water and sewer service to be furnished to the PROPERTY.
D. The DISTRICT supplies domestic water and sewer service within the area to be
served and is the public agency empowered by law to provide such services to the PROPERTY.
E. The purpose of this AGREEMENT is to provide the terms and conditions under
which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to
supply water and sewer service to the PROPERTY (hereinafter "the PROJECT').
COVENANTS
NOW THEREFORE, in consideration of the preceding Recitals and the mutual
Covenants contained herein, the parties hereto agree as follows:
Dmelopmmt Agr a nt foe Wain and Sewn 003
W894- SatBem dmo CA-- 6316)6.1
Section 1. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water and
sewer facilities for the PROPERTY in the following manner and according to the Rules and
Regulations of the DISTRICT:
a. Intentionally omitted.
b. The DEVELOPER agrees to design the water and sewer facilities
for the PROPERTY in accordance with the DISTRICT's Standards for Design and
Processing of Water and Sewer Plans and the tentative water and sewer plans
provided by the DISTRICT. The designs shall be submitted to the DISTRICT in a
complete form which shall provide sufficient information for review and approval
by the DISTRICT in the exercise of its discretion. which approval shall not be
unreasonably withheld, conditioned or delayed.
C. The DISTRICT may request certain changes in the tentative water
and sewer plans to provide for oversizing of facilities, which DEVELOPER agrees
to incorporate into the plans and specifications for the PROJECT.
d. The DEVELOPER shall furnish the DISTRICT with any and all
easements necessary for the construction, operation, maintenance, and repair of any
and all water and /or sewer facilities to be installed and /or used for the PROJECT.
All easements shall be submitted to the DISTRICT for review and approval by the
DISTRICT in the exercise of its sole discretion (no' to be unreasonably withheld,
conditioned or delayed) prior to the DISTRICT's acceptance of any dedication of
the PROJECT facilities under Section 6 of this AGREEMENT.
e. The DEVELOPER shall submit all Plans, drawings, specifications,
and contract documents, for all work to be performed pursuant to this
AGREEMENT, to the DISTRICT for review and approval, which approval shall
not be unreasonably withheld, conditioned or delayed. The DISTRICT agrees to
review all such documents in a timely manner anal. upon inclusion of all changes
thereto requested by the DISTRICT in a manner reasonably satisfactory to the
2
Development AWr nt for Wata and Sena 003
W894- S.B..civo CA- 6316)61
DISTRICT, the DISTRICT will provide the DEVELOPER with authorization to
proceed. The DEVELOPER shall not proceed with the construction of the
PROJECT and any other water or sewer facilities for use on the PROPERTY until
the DISTRICT so authorizes.
Section 2. CONSTRUCTION OF FACILITIES. The DEVELOPER agrees to construct the
PROJECT and all other water and sewer facilities for use on the PROPERTY in the following
manner subject to the DISTRICT's approval, which approval shall not be unreasonably withheld,
con&tioned or delayed:
a. The DEVELOPER shall obtain all necessary permits from the City
of San Bernardino and all other public or private agencies required for the
construction thereof. The PROJECT and the facilities appurtenant thereto shall be
constructed at a location determined by the DISTRICT, in its sole discretion. The
DEVELOPER hereby grants the DISTRICT full access to the PROPERTY and all
other locations where the work contemplated herein is to be performed.
b. All facilities constructed pursuant to this AGREEMENT shall be
in accordance with accepted standards and practices in the industry and in
compliance with all local, state, and federal laws, rules, and regulations. The
DEVELOPER shall be responsible for providing all labor, materials, and
equipment necessary to perform the work for the PROJECT, and such work shall
be performed in a timely and workmanlike manner by a party or entity licensed and
qualified in the State of California to perform such work, and the installing
contractor performing such work shall be reasonably acceptable to the DISTRICT.
All such facilities shall conform to the DISTRICT's Standard Specifications for the
Furnishing of Materials and the Construction of Water and Sewer Pipelines. All
costs and liabilities in connection with the design and construction of the
PROJECT shall be borne solely by the DEVELOPER.
3
Dcvclofmrnl Agccmml for W ew end Sc+ 003
W894- SanBCme ino CA-- 6316'161
C. The DISTRICT shall inspect and approve all work to be performed
under this AGREEMENT. However, any approval b), the DISTRICT of such work,
or of the designs, specifications, reports, and /or materials furnished hereunder, is
understood to be conceptual approval only and will not operate to relieve the
DEVELOPER or its contractors, consultants, or subcontractors of responsibility for
complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncon-pl iance with industry standards,
or their own willful misconduct. Further, neither the DISTRICT's review, approval,
or acceptance of any of the work or services performed in connection with this
AGREEMENT shall be construed as a waiver of any rights hereunder or of any
defense or cause of action which the DISTRICT may have arising out of the
performance of this AGREEMENT or any previous or subsequent agreements. The
DEVELOPER shall cause the facilities constructed under this AGREEMENT to be
inspected as required by any and all other public or private agencies.
Section 3. DEVELOPER'S COSTS. In addition to all other obligations imposed upon the
DEVELOPER under this AGREEMENT, the DEVELOPER shall he responsible for the payment
of all of the following:
a. The DEVELOPER shall pay to the DISTRICT all, or any portion,
of the connection fees for the PROPERTY at the time of application for water and
sewer service therefor. The DISTRICT will provide water and sewer service only
to those specific lots within the PROPERTY for A,hich payment in full has been
made to the DISTRICT.
b. The DEVELOPER shall be solel\ responsible for the payment of
all costs, fees, and expenses associated with the construction, inspection, operation,
maintenance, repair, and relocation of the PROJF_CT, including all costs, fees, and
expenses incurred for the environmental analysis engineering, and design of the
PROJECT.
4
Dn elo0mmt Aqn nl for W aw and Se a 003
W894.SanBemerdmo CA-- 6)1676.1
C. The DEVELOPER shall comply with all rules, regulations,
resolutions, and ordinances of the DISTRICT that are currently in place or may
hereafter be adopted, and shall pay when due any and all fees, deposits, charges,
rates, fines, penalties, taxes, and/or assessments that may be levied by the
DISTRICT.
d. The DEVELOPER hereby consents, and waives any objection, to
the exercise of any and all collection remedies that are available to the DISTRICT
under the law upon the PROPERTY.
Section 4. SECURITY.
a. The DEVELOPER shall provide performance, completion, and
payment bonds for the PROJECT in the minimum amount of not less than one
hundred percent (100 %) of the estimated construction costs containing covenants,
which are acceptable to the DISTRICT.
b. The DEVELOPER shall provide a maintenance bond for the
PROJECT in the amount of one hundred percent (100 %) of the construction cost,
which shall contain covenants which are satisfactory to the DISTRICT. Such bond
shall remain in force for at least twelve (12) months from the date of acceptance by
the DISTRICT of the dedication of said facilities.
C. The DEVELOPER shall also procure and maintain during the
performance of this AGREEMENT such policies of insurance, bonds from an
acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms
of security, in amounts and upon terms reasonably deemed sufficient by the
DISTRICT in its sole discretion to protect the DISTRICT from any and all
exposure to loss and/or liability. To the extent DEVELOPER is required to
maintain insurance hereunder, DEVELOPER shall have the right to self - insure any
of the risks required to be insured hereunder as long as DEVELOPER maintains a
5
Oc.aiopmem Al..t!or W. and Scv 003
W894 -S mB .dmo CA-- 631616.1
net worth in excess of One Hundred Million and No /100 Dollars
($100,000,000.00),
Section 5. INTENTIONALLY OMITTED.
Section 6. DEDICATION OF FACILITIES.
a. The DEVELOPER shall, upon completion of the construction of
all facilities to be installed hereunder to the reasonable satisfaction of the
DISTRICT, dedicate said facilities to the DISTRICT by a deed of dedication or
such other instrument as the DISTRICT ma} reasonably prescribe, and the
DISTRICT agrees to accept the dedication thereof ol. formal action of its Board of
Directors. Thereafter, such dedicated facilities shall become and be operated and
maintained by the DISTRICT as part of the DISTRICT's water and sewer system.
The DISTRICT shall not accept dedication of said .pater or sewer facilities until all
connection fees have been paid unless otherwise allowed under Section 3.a. herein.
b. The DEVELOPER hereby grants the DISTRICT full access to the
PROPERTY for the purpose of installing, operating, inspecting, maintaining, and
repairing all meters, valves, and other appurtenances necessary for the DISTRICT
to record, regulate. and control the amount of water pumped therefrom.
Section 7. SERVICE RESTRICTIONS. Any obligation on :he part of the DISTRICT to
supply water to the PROPERTY pursuant to the terms of this AGREEMENT shall be excused in
the event that the performance thereof is interrupted for any of the following reasons: riots,
wars, sabotage, civil disturbances. insurrection, explosion, court order, natural disasters such as
floods, earthquakes, landslides. and fires, and other labor distarbances and other catastrophic
events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other
provision to the contrary, the DISTRICT may suspend or refuse water service to the PROPERTY
if the DEVELOPER is in breach, default, or violation of this AGREEMENT or any rule,
regulation, resolution, and /or ordinance of the DISTRICT that is currently in place or may
hereafter be adopted, or if such service would adversely affect the health, safety, or welfare of
6
O .10,.m Ayae Mm l for W m¢ end Sewn 001
W894-S.B..dm CA -- 6316/61
the DISTRICT's customers, or for any other reason deemed paramount by the DISTRICT in its
sole discretion.
Section 8. NO REPRESENTATIONS, WARRANTIES, OR CLAIM OF WATER RIGHTS.
The DISTRICT makes no express or implied representations or warranties concerning the
quality, pressure, or temperature of any water delivered pursuant to the terms of this
AGREEMENT, or the manner in which the water is provided, or its fitness for any particular
purpose, and the DISTRICT shall not be held liable for any losses incurred or damages sustained
as a direct or indirect result thereof, nor shall the DISTRICT be held liable for any losses
incurred or damages sustained after the water furnished hereunder is transferred to the PROJECT
facilities. Any water conveyed by the DISTRICT under this AGREEMENT shall not serve as
the basis of, or otherwise support, any water rights claim that may be asserted by the
DEVELOPER.
Section 9. LIABILITY FOR DAMAGES. The DISTRICT shall not be held liable or
responsible for any debts or claims that may arise from the operation of this AGREEMENT, or
for any damage claims for injury to persons, including the DEVELOPER and /or its officers,
directors, shareholders, guests, invitees, trespassers, agents, contractors, consultants, and
employees, or for property damage, from any cause arising out of or in any way related to the
PROPERTY, the PROJECT, and /or the DEVELOPER's obligations hereunder, except to the
extent of the DISTRICT's sole negligence or willful misconduct. Except for liability asserted
against DISTRICT in connection with third -party claims, neither party hereto shall be liable to
the other party hereto for any consequential, special or punitive damages, and both parties hereto
hereby waives all rights to seek recovery of same against the other party hereto.
Notwithstanding anything contained in this AGREEMENT to the contrary, it is expressly
agreed that the DISTRICT shall not seek any recourse against the DEVELOPER's shareholders,
partners, directors, officers, agents, and employees, or any of their respective personal assets for
satisfaction of any liability, duty or obligation of DEVELOPER with respect to this
AGREEMENT.
Nvel,pmrn Agmn nL for Wzier and Scvxr 003
W89 Sa0,rnardlna CA - 6316)61
Section 10. RELEASE. The DEVELOPER hereby expressly waives and releases the
DISTRICT and its agents, officers, directors, and employees fr-)m any and all liability for the
claims, actions, and /or losses set forth in Section 9 above and for any costs and expenses
incurred in connection therewith. The DEVELOPER, not withstanding the provisions of
California Civil Code § 1542. which provides as follows:
"A general release does not extend to claims which the creditor did
not know or suspect to exist in his or her favor at the time of the
executed release which if known by him or her must have materially
affected his or her settlement with the debtor."
expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER
thereunder and under any and all similar laws of any state or territory of the United States with
respect to the claims, actions, and /or losses referenced above. This .AGREEMENT shall act as a
release of any claims that may arise from the aforementioned whether such claims are currently
known or unknown. The DEVELOPER understands and acknowledges the significance and
consequences such specific waiver of Civil Code § 1542 and hereby assumes full responsibility
for any injuries, damages, losses, or liability that may result from the claims identified above.
This AGREEMENT shall also act as a release of any claims. actions, and /or losses set forth in
Section 9 above, that may arise in the future whether such claims are currently foreseen or
unforeseen.
Section 11. HOLD HARMLESS. Excepting the sole or active negligence or willful
misconduct of the DISTRICT, the DEVELOPER shall indemnify and hold the DISTRICT and
its officers, directors, agents, and employees harmless from and against all claims and liabilities
of any kind arising out of, in connection with, or resulting from. any and all acts or omissions on
the part of the DEVELOPER and /or its officers, directors, shareholders, partners, assignees,
guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with
the PROPERTY, the PROJECT, and the performance of their obligations under this
AGREEMENT, including design defects, even if occurring after the completion of the
8
Dc clopmcm Agcammt for Water end Sava 003
W894 -Se BCmardmo CA -- 6316)6.1
PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees from any
suits Or actions at law or in equity for damages, and pay all court costs and reasonable counsel
fees in connection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and
hold the DISTRICT harmless from and against all third party claims, losses, liabilities, damages,
demands, actions, judgments, causes of action, assessments, penalties, costs, expenses
(including, without limitation, the reasonable fees and disbursements of legal counsel, expert
witnesses, and accountants), and all foreseeable and unforeseeable consequential damages which
might arise or be asserted against the DISTRICT and /or the DEVELOPER with regard to the
PROPERTY and /or the PROJECT which are alleged and /or determined to be tortious, and /or in
violation of present and future federal, state, and local laws (whether under common law, statute,
rule, regulation, or otherwise), including, but not limited to, the California Environmental
Quality Act, Public Resources Code Section 21000 et seq., and the Guidelines adopted
thereunder, California Code of Regulations Section 15000 et seq., all as the same may be
amended from time to time.
Section 12. NOTICES. All notices and other communications required or permitted to be
given hereunder shall be in writing and shall be sent by: (i) certified or registered mail, postage
prepaid, return receipt requested, (ii) personal delivery, or (iii) a recognized overnight carrier that
provides proof of delivery, and shall be addressed as follows:
If to the DISTRICT: East Valley Water District
3654 Highland Ave, Suite 18
Highland, CA 92346
Attn: General Manager
If to the DEVELOPER: Wal -Mart Stores, Inc.
Attn: Property Manager
(Ref: Highland, California
Store No. 1914 -01)
2001 SE 10th Street
Bentonville, AR 72716 -0550
9
Devdapmcm Agramm� for W.I. and Sewn 003
W894 ;MBemmdmo CA.. 6316]61
With a copy to: Wal -Mart Stores, Inc.
Attn: President
(Ref: Highland. California
Store No. 914 -01)
2001 SE 10 ` Street
Bentonville, AR 72716 -0550
Section 13. DISPUTES. Any dispute or controversy arising o.tt of, under, or in connection
with, or in relation to this AGREEMENT, and any amendment•i thereto, or the breach thereof,
which is not resolved informally by prior mutual agreement of the parties hereto, shall be
submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through
1294.2 of the Code of Civil Procedure. The parties shall pay the cost of such arbitration equally;
however, the prevailing party in the arbitration shall be en -ied to reimbursement of its
attorney's fees and other costs incurred in connection therewith
Section 14. ATTORNEYS' FEES. If a dispute arises which cannot be resolved by
arbitration, regarding the breach or enforcement of the provisions of this AGREEMENT, the
prevailing party therein shall be entitled to recover all reasonable attorneys' fees and other costs
actually incurred in connection with reaching a resolution of the dispute whether or not an action,
claim, or lawsuit is filed. In any action brought, the entitlement to recover attorneys' fees and
costs will be considered an element of costs and not of damages.
Section 15. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly
and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs,
successors, legal representatives, and assigns.
Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or
entity without the written consent of the parties hereto, which consent shall not be unreasonably
withheld, conditioned or delayed.
Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the
entire understanding of the parties hereto with respect to the subject matter hereof and supersedes
any and all prior agreements, whether oral or written, bel,,; een the parties in connection
10
Dcvcloymcnt AV m mt for Wata and Scwa 003
W894 -S.nB d�no CA- 6316]61
therewith. This AGREEMENT may not be amended unless in writing and signed by the parties
hereto.
Section 18. CAPTIONS. The captions of sections and subsections of this AGREEMENT are
for reference only and are not to be construed in any way as a part of this AGREEMENT.
Section 19. INTERPRETATION AND ENFORCEMENT. This AGREEMENT shall be
construed as if both parties jointly prepared this AGREEMENT and any uncertainty or
ambiguity of any provision contained herein shall not be interpreted against any one party simply
by virtue of having drafted that provision. Failure by either party to enforce any provision of this
AGREEMENT, or any waiver thereof by such party, shall not constitute a waiver of said party's
right to enforce subsequent violations of the same or any other terms or conditions herein. This
ACREEMENT shall be enforced and governed by and under the laws of the State of California,
and. venue for any action brought to interpret and/or enforce any provision of this AGREEMENT
shall be in a state or federal court located in the State of California that would generally have in
rem jurisdiction over the PROPERTY.
Section 20. SEVERABILITY. If any portion of this AGREEMENT is declared by a court of
competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this
AGREEMENT shall continue in full force and effect.
Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and
the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants
and conditions set forth herein and to perform such further acts as is reasonably necessary to
effectuate the purpose of this AGREEMENT.
Section 22. AUTHORITY. Each individual executing this AGREEMENT on behalf of a
panty hereto represents and warrants that he or she is fully and duly authorized and empowered to
so execute on behalf of such party, and that this AGREEMENT is binding in the manner set forth
in Section 15 hereof.
Section 23. NEGATION OF AGENCY, JOINT VENTURE OR PARTNERSHIP. The
pan.ies acknowledge that in entering into this AGREEMENT, they are acting as independent
11
W894 -imem ngmemeni for Water and Sewer W3
W89a <iandBcrnardmo CA- 6316)61
entities and not as agents of the other in any respect. The parties hereby renounce the existence
of any form of joint venture or partnership among or between them and agree that nothing in this
AGREEMENT will be construed as making them joint venturers or partners.
Section 24. NO THIRD PARTIES BENEFITTED. No person other than the DISTRICT,
DEVELOPER or their respective successors is intended to or shzll have any right or claim under
this AGREEMENT, this AGREEMENT being for the sole benefit and protection of the parties
hereto and their respective successors. Similarly, no amendmert or waiver of any provision of
this AGREEMENT shall require the consent or acknowledgment of any person not a party or
successor -in- interest to a party to this AGREEMENT.
[Signatures follow — next page]
12
De Clcpment Agreemmt for Watn end Sewn 003
W894 -S.1B .dmo CA- 6316]6.1
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by their respective officers as of the date first above written.
DISTRICT:
By:
Name:
Its:
Date:
DEVELOPER
WAL -MART STORES, INC., a Delaware
corporation
By: _
Name
Its: Vice President of Real state
Date: q —S—C;Q //
13
D dopmrnt A,m M.t for Wmm and Scw 003
W894- SmBemardino CA -- 6316]6.1
EXHIBIT "A"
LEGAL DESCRIPTION
All that certain real property located in the City of San Bernardino, County of San Bernardino,
State of California, as more particularly described as follows:
PARCEL A:
THOSE PORTIONS OF PARCELS 1 AND 8 OF PARCEL MAP NO. 13892, IN THE CITY
OF SAN BERNARDINO, COi_'tiTY OF SAN BERNARDINO. STATE OF CALIFORNIA, AS
SHOWN BY MAP ON FILE. IN BOOK 167, PAGE 23 THROUGH 26 INCLUSIVE, OF
PARCEL MAPS, RECORDS OF SAN BERNARDINO COIT^:TY, CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE
ALONG EASTERLY LINE OF SAID PARCEL 1, SOUTH 19"54;'24" WEST 91.71 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 19`55'24" WEST 43.69 FEET;
THENCE NORTH 69 °56'01" WEST 37.24 FEET; THENCE SOIfTH 20 °16'10" WEST 138.05
FEET; THENCE SOUTH 69 °13'32" EAST 26.77 FEET; THENCE SOUTH 12 °23'00" WEST
49.94 FEET; THENCE SOUTH 77 °37'00" EAST 56.33 FEET: THENCE SOUTH 01 °15'18"
EAST 23.50 FEET; THENCE NORTH 88 °23'12" EAST 26.04 FEET TO THE EASTERLY
LINE OF SAID PARCEL 1, THENCE NORTH 02 044'05" WEST 48.46 FEET TO THE
BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS 600 FEET AND TO THE MOST SOUTHERLY i'ORNER OF SAID PARCEL 8,
RADIAL LINE TO THE BEGINNING OF SAID CURVE HAVING A BEARING OF SOUTH
43 122'27" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AND ALONG SAID
EASTERLY LINE OF PARCEL 8, 201.59 FEET THROUGH A CENTRAL ANGLE OF
19 "15'00 "; THENCE NORTH 70 °04'36" WEST 124.05 FF.FF TO THE TRUE POINT OF
BEGINNING.
THE ABOVE DESCRIBED LAND IS SHOWN AS PARCEL 2 ON THAT CERTAIN
CERTIFICATE OF COMPLIANCE LOT LINE ADJUSTi NT NO. 96 -05, RECORDED
MAY 15, 1997 AS INSTRUMENT NO. 97- 0174052, OFFICIAL. RECORDS.
PARCEL C:
PARCEL 2 OF PARCEL MAP NO. 15064, IN THE CITY OF SAN BERNARDINO, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN
BOOK 186, PAGES 82 THROUGH 83, INCLUSIVE OF PARCEL MAPS, RECORDS OF
SAN BERNARDINO COUNTY, CALIFORNIA.
(END OF LEGAL DESCRIPTION)
14
D cloprnrnt Agwrrml for Wata and Scwo 003
W894 -Sa B=wdmo CA-- 6316/6.1
DEVELOPMENT AGREEMENT FOR WATER
THIS AGREEMENT is made this A day of h !a , by and between EAST
VALLEY/ WATER DISTRICT, a public ag ncy (hereinafter "the DISTRICT "), and
&1/ CQ L t:-> &1(, a California (hereinafter "the DEVELOPER ").
RECITALS
A. The DISTRICT is a County Water District organized and operating pursuant to
California Water Code Section 30000 et seq.
B. The DEVELOPER proposes to subdivide and develop certain real property within
the boundaries of the DISTRICT which is located at 27 -3zo Melhe) y ff .
, in the City of �i L, .� • , County of San Bernardino, State of California, and is generally
identified as Tract No. (hereinafter "the PROPERTY "). A copy of the Tentative Tract
Map for the PROPERTY is attached hereto as Exhibit "A" and is incorporated herein by this
reference.
C. The development of the PROPERTY will consist of I dwelling units, and the
DEVELOPER desires that the DISTRICT provide domestic water service to the PROPERTY.
The DEVELOPER intends to design and construct the facilities necessary for water service to
be furnished to the PROPERTY.
D. The DISTRICT supplies domestic water service within the area to be served and
is the public agency empowered by law to provide such services to the PROPERTY.
E. The purpose of this AGREEMENT is to provide the terms and conditions under
which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to
supply water service to the PROPERTY (hereinafter "the PROJECT "),
COVENANTS
NOW THEREFORE, in consideration of the preceding Recitals and the mutual
Covenants contained herein, the parties hereto agree as follows:
Section 1. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water
facilities for the PROPERTY in the following manner and according to the Rules and
Regulations of the DISTRICT:
a. The DISTRICT agrees to provide to the DEVELOPER tentative
water plans which conform to the requirements of the DISTRICT.
b. The DEVELOPER agrees to design the water facilities for the
PROPERTY in accordance with the DISTRIC T's Standards for Design and
Processing of Water Plans and the tentative plans provided by the DISTRICT. The
designs shall be submitted to the DISTRICT in a complete form which shall
provide sufficient information for review and appro1al by the DISTRICT in the
exercise of its sole discretion.
C. The DISTRICT may request certain changes in the plans to
provide for oversizing of facilities, which DEVELOPER agrees to incorporate into
the plans and specifications for the PROPERTY.
d. The DEVELOPER shall furnish the DISTRICT with any and all
easements necessary for the construction, operation, maintenance, and repair of any
and all water facilities to be installed and /or used for the PROJECT. All easements
shall be submitted to the DISTRICT for review and approval by the DISTRICT in
the exercise of its sole discretion prior to the DISTRICT's acceptance of any
dedication of the PROJECT facilities under Section 6 of this AGREEMENT.
C. The DEVELOPER shall submit all plans, drawings, specifications,
and contract documents, for all work to be performed pursuant to this
AGREEMENT, to the DISTRICT for review and approval, if acceptable to the
DISTRICT. The DISTRICT agrees to review all such documents in a timely
manner and, upon inclusion of all changes thereto requested by the DISTRICT in a
manner satisfactory to the DISTRICT, the DISTRICT will provide the
DEVELOPER with authorization to proceed. The DEVELOPER shall not proceed
2
with the construction of the PROJECT and any other water facilities for use on the
PROPERTY until the DISTRICT so authorizes.
Section 2. CONSTRUCTION OF FACILITIES. The DEVELOPER agrees to construct the
PROJECT and all other water facilities necessary for the PROPERTY in the following manner
subject to the DISTRICT's approval:
a. The DEVELOPER shall obtain all necessary permits from the cit
or county and all other public or private agencies required for the construction
thereof. The PROJECT and the facilities appurtenant thereto shall be constructed
at a location determined by the DISTRICT, and shall be relocated by the
DISTRICT at the DEVELOPER's sole expense if such relocation is deemed
necessary by the DISTRICT in its sole discretion. The DEVELOPER hereby
grants the DISTRICT full access to the PROPERTY and all other locations where
the work contemplated herein is to be performed.
b. All facilities constructed pursuant to this AGREEMENT shall be
in accordance with accepted standards and practices in the industry and in
compliance with all local, state, and federal laws, rules, and regulations. The
DEVELOPER shall be responsible for providing all labor, materials, and
equipment necessary to perform the work for the PROJECT, and such work shall
be performed in a timely and workmanlike manner by a party or entity acceptable
to the DISTRICT. All such facilities shall conform to the DISTRICT's Standard
Specifications for the Furnishing of Materials and the Construction of Water
Pipelines. All costs and liabilities in connection with the design and construction
of the PROJECT shall be borne solely by the DEVELOPER.
C. The DISTRICT shall inspect and approve all work to be performed
under this AGREEMENT. However, any approval by the DISTRICT of such
work, or of the designs, specifications, reports, and /or materials furnished
hereunder, is understood to be conceptual approval only and will not operate to
3
relieve the DEVELOPER or its contractors, consultants, or subcontractors of
responsibility for complying with all laws, codes. industry standards, and liability
for damages caused by negligent acts, errors, omissions, noncompliance with
industry standards, or their own willful misconduct. Further, neither the
DISTRICT's review, approval, or acceptance of any of the work or services
performed in connection with this AGREEMENT shall be construed as a waiver of
any rights hereunder or of any defense or cause of action which the DISTRICT
may have arising out of the performance of this AGREEMENT or any previous or
subsequent agreements. The DEVELOPER shall cause the facilities constructed
under this AGREEMENT to be inspected as required by any and all other public or
private agencies.
Section 3. DEVELOPER'S COSTS. In addition to all other obligations imposed upon the
DEVELOPER under this AGREEMENT, the DEVELOPER shall be responsible for the payment
of all of the following:
a. The DEVELOPER shall pay to the DISTRICT all, or any portion,
of the connection fees for the PROPERTY at the time of application for water
service therefor. The DISTRICT will provide water service only to those specific
subdivision lots within the PROPERTY for which Payment in full has been made to
the DISTRICT.
b. The DEVELOPER shall be solely responsible for the payment of
all costs, fees, and expenses associated with the construction, inspection, operation,
maintenance, repair. and relocation of the PROJECT, including all costs, fees, and
expenses incurred for the environmental analysis. engineering, and design of the
PROJECT.
C. The DEVELOPER shall compb, v* ith all rules, regulations,
resolutions, and ordinances of the DISTRICT that are currently in place or may
hereafter be adopted. and shall pay when due any and all fees, deposits, charges,
4
rates, fines, penalties, taxes, and /or assessments that may be levied by the
DISTRICT.
d. The DEVELOPER hereby consents, and waives any objection, to
the exercise of any and all collection remedies that are available to the DISTRICT
under the law upon the PROPERTY and/or the person and /or property of
DEVELOPER and its shareholders and partners.
Section 4. SECURITY.
a. The DEVELOPER shall provide performance, completion, and/or
payment bonds for the PROJECT in the minimum amount of not less than 100
percent of the estimated construction costs containing covenants which are
acceptable to the DISTRICT and the (city or county)
b. The DEVELOPER shall provide a maintenance bond for the
PROJECT in the amount of 100 percent of the construction cost, which shall
contain covenants which are satisfactory to the DISTRICT. Such bond shall
remain in force for at least twelve (12) months from the date of acceptance by the
DISTRICT of the dedication of said facilities.
C. The DEVELOPER shall also procure and maintain during the
performance of this AGREEMENT such policies of insurance, bonds from an
acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms
of security, in amounts and upon terms deemed sufficient by the DISTRICT in its
sole discretion to protect the DISTRICT from any and all exposure to loss and/or
liability.
Section 5. COSTS FOR OVERSIZING. Pursuant to Section I.e. of this AGREEMENT, the
DISTINCT agrees to pay to the DEVELOPER the incremental cost of oversizing any PROJECT
facilities greater than twelve inches (12 ") in diameter for water distribution pipelines. The
DISTINCT shall determine the amount of the incremental cost of oversizing and the method of
payment in the exercise of its sole discretion prior to its acceptance of the PROJECT facilities.
E
Section 6. DEDICATION OF FACILITIES.
a. The DEVELOPER shall, upon completion of the construction of
all facilities to be installed hereunder to the satisfaction of the DISTRICT, dedicate
said facilities to the DISTRICT by a deed of dedication or such other instrument as
the DISTRICT may prescribe, and the DISTRICT agrees to accept the dedication
thereof by formal action of its Board of Directors. Thereafter, such dedicated
facilities shall become and be operated and maintained by the DISTRICT as part of
the DISTRICT's water system. The DISTRICT shall not accept dedication of said
water facilities until all connection fees have been paid unless otherwise allowed
under Section 3.a. herein.
b. The DEVELOPER hereby grants the DISTRICT full access to the
PROPERTY for the purpose of installing, operating, inspecting, maintaining, and
repairing all meters, valves, and other appurtenances necessary for the DISTRICT
to record, regulate, and control the amount of water pumped therefrom.
Section 7. SERVICE RESTRICTIONS. Any obligation on the part of the DISTRICT to
supply water to the PROPERTY pursuant to the terms of this ACi R f I-MENT shall be excused in
the event that the performance thereof is interrupted for any of' the following reasons: riots,
wars, sabotage, civil disturbances. insurrection, explosion, court order, natural disasters such as
floods, earthquakes, landslides, and fires, and other labor disturbances and other catastrophic
events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other
provision to the contrary, the DISTRICT may suspend or refuse water service to the PROPERTY
if the DEVELOPER is in breach. default, or violation of this AGREEMENT or any rule,
regulation, resolution, and /or ordinance of the DISTRICT that is currently in place or may
hereafter be adopted, or if such service would adversely affect the health, safety, or welfare of
the DISTRICT's customers, or for any other reason deemed paramount by the DISTRICT in its
sole discretion.
M
Section 8. NO REPRESENTATIONS, WARRANTIES, OR CLAIM OF WATER
RIGHTS. The DISTRICT makes no express or implied representations or warranties concerning
the quality, pressure, or temperature of any water delivered pursuant to the terms of this
AGREEMENT, or the manner in which the water is provided, or its fitness for any particular
purpose, and the DISTRICT shall not be held liable for any losses incurred or damages sustained
as a direct or indirect result thereof, nor shall the DISTRICT be held liable for any losses
incurred or damages sustained after the water furnished hereunder is transferred to the PROJECT
facilities. Any water conveyed by the DISTRICT under this AGREEMENT shall not serve as
the basis of, or otherwise support, any water rights claim that may be asserted by the
DEVELOPER.
Section 9. LIABILITY FOR DAMAGES. The DISTRICT shall not be held liable or
responsible for any debts or claims that may arise from the operation of this AGREEMENT, or
for any damage claims for injury to persons, including the DEVELOPER and /or its officers,
directors, shareholders, guests, invitees, trespassers, agents, contractors, consultants, and
employees, or for property damage, from any cause arising out of or in any way related to the
PROPERTY, the PROJECT, and /or the DEVELOPER's obligations hereunder.
Section 10. RELEASE. The DEVELOPER hereby expressly waives and releases the
DISTRICT and its agents, officers, directors, and employees from any and all liability for the
claims, actions, and /or losses set forth in Section 9 above and for any costs and expenses
incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of
California Civil Code § 1542, which provides as follows:
"A general release does not extend to claims which
the creditor did not know or suspect to exist in his or her favor at the
time of the executed release which if known by him or her must have
materially affected his or her settlement with the debtor."
expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER
theremider and under any and all similar laws of any state or territory of the United States with
7
respect to the claims, actions, and /or losses referenced above. This AGREEMENT shall act as a
release of any claims that may arise from the aforementioned whether such claims are currently
known or unknown. The DEVELOPER understands and acknowledges the significance and
consequences such specific waiver of Civil Code § 1542 and hereby assumes full responsibility
for any injuries, damages, losses. or liability that may result from the claims identified above.
This AGREEMENT shall also act as a release of any claims, actions, and /or losses set forth in
Section 9 above, that may arise in the future whether such claims are currently foreseen or
unforeseen.
Section 11. HOLD HARMLESS. Excepting the sole o- active negligence or willful
misconduct of the DISTRICT, the DEVELOPER shall indemnili• and hold the DISTRICT and
its officers, directors, agents, and employees harmless from and against all claims and liabilities
of any kind arising out of, in connection with, or resulting from. any and all acts or omissions on
the part of the DEVELOPER and /or its officers, directors, shareholders, partners, assignees,
guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with
the PROPERTY, the PROJECT, and the performance of their obligations under this
AGREEMENT, including design defects, even if occurring after the completion of the
PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees from any
suits or actions at law or in equity for damages, and pay all court costs and counsel fees in
connection therewith. In addition. the DEVELOPER agrees to defend, indemnify, and hold the
DISTRICT harmless from and against all claims, losses, liabilities, damages, demands, actions,
judgments, causes of action, assessments, penalties, costs, expenses (including, without
limitation, the reasonable fees and disbursements of legal coattsel, expert witnesses, and
accountants), and all foreseeable and unforeseeable consequential .damages which might arise or
be asserted against the DISTRICT and/or the DEVELOPER with regard to the PROPERTY
and/or the PROJECT which are alleged and/or determined to he tortious, and /or in violation of
present and future federal, state. and local laws (whether under common law, statute, rule,
regulation, or otherwise), including. but not limited to, the California Environmental Quality Act,
8
Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, California
Code of Regulations Section 15000 et seq., all as the same may be amended from time to time.
Section 12. NOTICES. Any notice, tender, or delivery to be given hereunder by either
party to the other shall be effected by personal delivery in writing or by registered or certified
mail, postage prepaid, return receipt requested, and shall be deemed communicated as of mailing
or in the case of personal delivery, as of actual receipt. Mailed notices shall be addressed as set
forth below, but each party may change its address by written notice in accordance with this
section.
If to the DISTRICT:
If to the DEVELOPER:
East Valley Water District
P.O. Box 3427
1155 Del Rosa Avenue
San Bernardino, CA 92413
Attn: General Manager
Attn:
Section 13. DISPUTES. Any dispute or controversy arising out of, under, or in connection
with, or in relation to this AGREEMENT, and any amendments thereto, or the breach thereof,
which is not resolved informally by prior mutual agreement of the parties hereto, shall be
submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through
1294.2 of the Code of Civil Procedure. The cost of such arbitration shall be paid by the parties
equally: however, the prevailing party in the arbitration shall be entitled to reimbursement of its
attorneys fees and other costs incurred in connection therewith.
Section 14. ATTORNEYS FEES. If a dispute arises which cannot be resolved by
arbitration, regarding the breach or enforcement of the provisions of this AGREEMENT, the
prevailing party therein shall be entitled to recover all attorneys fees and other costs actually
incurred in connection with reaching a resolution of the dispute whether or not an action, claim,
0
or lawsuit is filed. In any action brought, the entitlement to recover attorneys fees and costs will
be considered an element of costs and not of damages.
Section 15. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly
and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs,
successors, legal representatives, and assigns, and each of the shareholders and partners of the
DEVELOPER in their individual. separate, and/or other capacities.
Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or
entity without the written consent of the parties hereto.
Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the
entire understanding of the parties hereto with respect to the subject matter hereof and supersedes
any and all prior agreements, whether oral or written, between the parties in connection
therewith. This AGREEMENT may not be amended unless in ok ruing and signed by the parties
hereto.
Section 18. CAPTIONS. The captions of sections and subsections of this AGREEMENT
are for reference only and are not to be construed in any way as a part of this AGREEMENT.
Section 19. INTERPRETATION AND ENFORCEMENT:. This AGREEMENT shall not
be construed against the party preparing it, but shall be construed as if both parties jointly
prepared this AGREEMENT and any uncertainty or ambiguity contained herein shall not be
interpreted against any one party. Failure by either party to enforce any provision of this
AGREEMENT, or any waiver thereof by such party, shall not constitute a waiver of said party's
right to enforce subsequent violations of the same or any other terms or conditions herein. This
AGREEMENT shall be enforced and governed by and under the la\vs of the State of California,
and venue for any action brought to interpret and /or enforce any provision of this AGREEMENT
shall be in a state or federal court located in the State of California ?hat would generally have in
rem jurisdiction over the PROPERTY.
lD
Section 20. SEVERABILITY. If any portion of this AGREEMENT is declared by a court
of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this
AGREEMENT shall continue in full force and effect.
Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and
the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants
and conditions set forth herein and to perform such further acts as is reasonably necessary to
effectuate the purpose of this AGREEMENT.
Section 22. AUTHORITY. Each individual executing this AGREEMENT on behalf of a
party hereto represents and warrants that he or she is fully and duly authorized and empowered to
so execute on behalf of such party, and that this AGREEMENT is binding in the manner set forth
in Section 15 hereof.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by their respective officers as of the date first above written.
DISTRICT
LE
East Valley Water District
President, Board of Directors
ATTEST:
Secretary
DEVELOPER: By:
[na eel
[title] R r: s
ATTEST:
CALIFORNIA • ACKNOWLEDGMENT
State of California 1
� Ji
County of &A �a,n &, C?„ L l lam`
On Apf t I 11,,, It.- ( ( before me, PA Lades 0-V(,i f v - i t E � � PL) Jo
Date Here Inserr Nar,� Winie of the Oihc
T rL�
personally appeared
i Nanne(s) of S, ner s.
A. LEDESMA
Commission # 1899490
Notary Public . California
a% San Bernardino County
Comm. Was Soo 10, 2014
who proved to me or the- basis of satisfactory evidence to
be the person* whose riame(�(aw subscribed to the
within instrument and acknowledged to me that
oshekhey- executed the same ir(S�IiMeN I authorized
capacity(ies), and That by j/herRheir signature(oon the
instrument the person(a). or the entity upon behalf of
which the personM acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Califorria that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature �: 1
Place Notary Seal Above T3nature of Notary Public
OPTIONAL
Though the information below is not reauired bylaw, it may prove valuable to petsens relying on the document
and could prevent fraudulent removal and reattachment of this form to 3nnnoar document.
Description of Attached Document
Title or Type of Document: f� r�eV'vt
Document Date: S %4' ( Numbs- of
Signer(s) Other Than Named
Pages:
Capacity(ies) Claimed Signer(s)
/by�
Signer's Name: I`c 1Tl �"-bCS
Signe Name:
Individual yy�6
- Individu
,'Corporate Officer — Title(s): f r:.
L Corporate O ' r — Title(s):
❑ Partner — ❑ Limited ❑ General _
C Partner — - Lir -fed, General
J Attorney in Fact
•
❑ Attorney in Fact
❑ Trustee - -' °f thomb here
J Trustee
❑ Guardian or Conservator
I Guardian or Conservator
❑ Other:
- Other:
S 11 er I Re resenting:,
" 1
Signer Is Represerf!lnc _
0200114ational Notary Association •9350 De Selo AVe `3 BIX 2402•Chatsmrth.0A 913132402 -w Naocr,IN, oy item x5907 Reorder Cail Toll Free 1- 800 -816 -6821
East Val ley
Water District
Board Memorandum No. B -13 -2011 Date: April 26, 2011
From: Robert Martin, General Manager
Subject: Prop 218 Hearing
Background:
At the request of President Wilson, I have placed this issue on the agenda for the Board's
consideration. As you are aware, the City of San Bernardino Water Department has
adopted a two phase increase to their wastewater treatment rates for both residential and
commercial customers. When I originally brought this issue to the Board's attention, the
decision was made to delay scheduling a rate hearing and to subsidize, on a temporary
basis, the increased cost of wastewater treatment. Our obligation to begin paying the
City's higher rates began at the beginning of this month and will cost, depending on
consumption rates, $40,000 to $50,000 per month. The second phase of their increase
goes into effect on January 151, 2012 and will add another $1.50 /month to the residential
rate. If the District were to also subsidize this increase, the total monthly cost would be
approximately $90,000 to $115,000.
It is unfortunate that these increases occurred soon after we had our last rate hearing.
However, it is my opinion that the District's obligation is to pass these higher costs on to
our customers as we have always done. With this in mind, I wish to propose that the
Board set a date for conducting a Prop 218 hearing to consider raising our wastewater
rates to account for these higher treatment rates. The notice period for this hearing must
be at least 45 days. It is my recommendation that the Board schedule this hearing during
the last two weeks of June which would allow us to have these new rates in place for the
start of our new fiscal year (July 15S). I propose that we implement a two phase increase.
The first adjustment would be effective on July 151. The second increase would become
effective on January I" of next year which will coincide with the City of San
Bernardino's second phase adjustment. I have included a draft notice for this hearing for
your review and consideration.
vwvater st Valley
District
Notice of Public Hearing
Proposed Sewer Treatment Rate Increase
Article XI' .ID of the California Constitution requires the East Valley Water District (EVWD) to send
notification of a proposed rate increase to all owners and tenants of real property within EVWD's service area
who would be directly liable to pay for water and / or sewer service to the property at least 45 days prior to a
public hearing at which adoption of the proposed rate increases will be considered. Please be advised that this
document shall serve as formal notification to you that EVWD's Board of Directors will hold a Public Hearing
on the proposed increases described herein on Wednesday, March 23`d , 2011, at 6 pm in the City of Highland
Council Chambers located at 27215 E Baseline Street, Highland, California.
Why Sewer Treatment Rates are Rising
The East Valley Water District provides sewer treatment service to customers within its service area in
accordance with a 1957 Joint Powers Agreement (JPA), as amended, with the City of San Bernardino. Under
the JPA, wastewater collected by the District's sewer mains is conveyed to the City of San Bernardino
Treatment Plant for treatment. The JPA also stipulates that the City and District will adopt uniform ordinances
affixing sewer treatment charges for customers within their respective service areas, and that the rate setting
body will be the City Council of the City of San Bernardino.
On January 10, 2011, the San Bernardino City Council held a public hearing to review the findings of a rate
study performed by the engineering firm of R.W. Beck. Based on that study, the City of San Bernardino Water
Department staff recommended that the Council approve a two step sewer treatment rate increase, with
incremental increases to become effective on February 1, 2011 and January 1, 2012. The rate increases
recommended by Water Department staff were approved.
Copies of the R.W. Beck study and the City Water Department staff report are available on the EVWD's
website.
Protesting Proposed Rate Increases
Property owners and tenants of real property within the District who are directly liable to pay sewer bills and
who are opposed to the proposed rate increases described herein may file a written and signed protest with the
District Secretary prior to the close of the public hearing. Protests must be submitted in writing even if you plan
to attend the hearing. Written protests must include: (1) a description of the property owned, or being rented,
sufficient tc identify the property (the service address shown on this mailing is sufficient); (2) your East Valley
Water District utility account number, (3) and a statement identifying you as owner of record or tenant. If you
own or rent more than one parcel within the District, you may file a single protest, but it must identify each
parcel you own or rent.
Written protests may be mailed to: East Valley Water District
Attn: District Secretary
P.O. Box 3427
San Bernardino, CA 92413
Written protests may also be mailed or delivered in person to East Valley Water District, District Secretary,
3654 E. Highland Avenue, Suite 18, Highland, California 92346.
Written protests may also be presented to the District Secretary of the East Valley Water District prior to the
close of the public hearing on 2011
The District. Board of Directors will consider all protests received. If a majority of property owners and tenants
of real property directly liable for paying water bills file written protests in opposition to the rate increases, the
increases will not be imposed.
Residential sewer treatment charges:
Monthly fixed charge
Commercial sewer treatment charges:
Monthly fixed charge
Volume charges (per HCF of water uses
Multi- family (4+ units, incl. MHP)
Commercial/Retail /Light Industrial
Restaurants, motels w /restaurants
Laundromats
Dry Cleaners
Schools, Daycare, Churches
Offices, Motels w/o Restaurant=_
Hospitals, Convalescent Homes
Auto Repair / Service / Wash
Phase
i .
f Proposed
Rtes
Current
Proposed
Apri,
Jan 1,
Rates
Rates
2011
2012
$16.00
$18.50
$1
If
$18.50
$2.00
$2.50
`,
L`
$2.50
95
1.40
1
2`
1.40
1.90
2.20
1
2.20
2.00
2.70
=
? `
2.70
1.30
1.50
4(
1.50
1.90
2.20
2.20
.70
1.10
It
1.10
1.50
1.50
S1'
1.50
.95
1.35
1
1.35
1.30
1.30
11
1.30
twvater stValley
District
Board Memorandum No. B -14 -2011
From: Brian W. Tompkins / Chief Financial Officer
Subject: Financial Statements for the month ended February 28, 2011
Recommendation: Accept and file attached financial report
Background:
Balance Sheet
Date: April 26, 2011
Total Assets increased by $401,232 in February due to continued construction activity. CIP did
increase by $705,290 as several jobs had activity in February — see further discussion under Capital
Projects below.
Compared to January, Current Assets decreased by $461,593 and Current / Total Liabilities increased
by $87,72. The significant decrease in current assets, cash, was due to progress payments on the
Plant 134 contract, payments that we will be reimbursed by the state in the near future, but as of now,
are being fronted by the District. The Current Ratio (current assets to current liabilities) fell from 1.35:1
to 1.23:1; and the liquidity indicator of Unrestricted Cash and Investments compared to Current
Liabilities fell from 92% to 82% coverage, again because the District is fronting the cost of the Plant 134
construction and then awaiting reimbursement.
Budget Amendments
Budget amendments approved as part of the mid -year budget review have been input and are reflected
in the attached Revenue & Expense statement. Changes were allocated over the 12 months of the
fiscal year, applied to the month(s), as much as possible, in which variances did, or will, actually occur.
Revenue & Expenses Statement
OOperatinc Revenue
Water sales in February are shown as $3 over the adjusted budget — due to the fact that actual sales
for February were already known when the adjusted budget was entered. In terms of volume, sales
were down 4.1% from January to 427,217 HCF, but are up 72,256 HCF, or 20.3 %, compared to
February 2010. Compared to two years ago, sales are down 25,045 HCF or 5.5 %.
Year -to -date, sales are down 447,717 HCF or 7.2% compared to the eight months in fiscal year 2009-
10. Staff projects that March through June sales will finish 3.3% below (original) budget.
Other District operating revenues were $2,816 under budget in February, and Sewer Treatment
revenue, which is passed through to the City of SB, was $697 over budget.
Collectior charges were $542 under the adjusted budget as these revenues for March through June
have been adjusted to anticipate the $5 final notice charge (pink tag) that went into effect in October.
Year to date, operating revenues are $22,389 over modified budget.
Sales Volume by Month
1,500,000 �— -- - - - -- - - -
I
1,000,000- �'-�"�
500,000 -._. -- -' -- --
Cc� boo Zp" Sao <yro e V$a jai
Operating Expenses
Operating Expenses were $150,793 under budget in February.
--- - - — 2008 -09
-, -- 2009 -10
2010 -11 (April -Jun est.)
In the Source of Supply cost center, the lab testing costs were lower than anticipated, and the District
was not billed by Kennedy -Jenks for progress and the Regional Urban Water Management Plan as
anticipated.
Pumping costs were $8,069 under modified as unused maintenance and chemicals budget covered
higher than anticipated power costs.
Water Treatment costs were under the modified budget by $64,917 due to the continued shutdown of
plant 27 (fluoride) which suppresses the use of the mobile treatment unit at that site.
Transmission and Distribution, Customer Accounts, and Wastewater Collection costs were under
budget by a combined $6,486 due primarily to labor savings.
In General and Administrative expenses were $60,662 under modified budget due primarily to -
• Salaries are under budget in February because of the open Engineering position
• Benefits are tracking under budget due to the fact that no funds have yet been deposited with a
trust for OPEB benefits,
• No significant office equipment/software maintenance contracts were due in February.
Total operating expenses are under the modified budget $436.486 through February while operating
revenue is $22,389 over budget. Operating Income for the July through February is $458,875 over
projections at $3,393,361. Modif ed operating income projected `or the 2010 -11 fiscal year is
$4,261,264.
Capital Projects
Capital expenditures during February included a 50% payment on upgrade of the billing program,
continuing work on leasehold improvements to Suite 30, and rehab work on well 125. There was also
$648,859 spent on the CIP during February, consisting primarily of construction at plant 134 and work
on the Conejo sewer main.
East Valley Water District
Balance Sheet - Unaudited
February 28, 2011
ASSETS
UTILITY PLANT - at cost:
Utility Plant in Service - water department
$125,147,467
Utility Plant in Service - sewer department
30,814,563
155,962,030
Less: Accumulated Depreciation
(48,381,429)
107,580,601
Construction in Progress
7,841,537
115,422,138
RESTRICTED ASSETS:
Customer / Construction Deposits 1,836,209
Capacity Fees 102,384
Construction Funds 15,679,180
Debt Service Funds - Trust Accts 1,288,653
18,804,042
CURRENT ASSETS:
Cash and Investments 24,230,721
Less: Restricted Cash and Investments 18,804,042
5,426,679
Accounts Receivable (net of allowance) 1,216,200
Other Receivables (net of allowance) 300,165
Inventor
.1 1,007,423
Prepaid xpenses 188,102
8,138,569
OTHER ASSETS AND DEFERRED COSTS (Net of Amortization):
Bond discount and incidental bond expenses 318,759
Deferred financing charges 420,645
739,404
TOTAL ASSETS 143,104,153
Balance Sheet Page 1
East Valley Water District
Balance Sheet - Unaudited
February 28, 2011
LIABILITIES AND EQUITY
LONG -TERM DEBT:
2010 Revenue Bonds
$32,490,000
Premium on 2010 Revenue Bonds
2,213,063
DWR Loan
131,861
Less: Deferred amount on refunding of COPS
(457,686)
Accrued interest payable
34,377,238
CURRENT LIABILITIES:
Accounts payable
2,138,437
Accrued payroll and benefits
1,338,691
Customer service deposits
1,614,057
Construction deposits
222,152
Accrued interest payable
255,745
Long Term Debt - amounts due within one year
1,071,307
6,640,389
TOTAL LIABILITIES 41,017,627
EQUITY:
Contributed Capital:
Restricted Developer Fees
102,384
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
2,947,716
TOTAL EQUITY 102,086,526
TOTAL LIABILITIES AND EQUITY 143,104,153
Balance Sheet Page 2
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EAST VALLEY WATER DISTRICT
CAPITAL IMPROVEMENT PROGRAM
INCLUDING CAPITAL BUDGET FOR
FISCAL YEAR 2010 -2011
Updated through February 2011
Page 1
EAST VALLEY WATER DISTRICT
Capital Improvement Program
Updated through February 2011
rage 2
Prior Current
(Memo)
Projects - By Type
Years Year
2010 -11 2011 -12
Actual Actual
Budget Year 2
Source of Supply
Plant 150 Wells
-
Lower Zone Wells (2)
-
Plant 24 Drain Line
12,000 340,000
Sunrise Ranch Wells (4)
-
-
_ _
Total Source of Supply Projects
-
-
12,000 340,000
Treatment Facilities
Plant 134 - Upgrade Technology
1,758,011
1,014,284
3,245,892 6,645,079
Plant 134 - Membrane Replacement
Plant 150 - Lower Zn Perch Treat. PI - Phase 1
1,825,125
55,781
605,000 650,000
Plant 150 - Lower Zn Perch Treat. PI - Phase 2
-
-
- _
Plant 152 - Inter. Zone Perch Treat. Plant
-
-
- _
Total Treatment Projects
3,583,136
1,070,065
3,850,892 7,295,079
Pumping Facilities
Plant 9 - Rehab Forebay and Booster Station
-
-
- 50,000
Plant 40 - Inter to Upper Zone Transfer
2,096
125
400,000
Plant 127 - Lower to Inter Zone Transfer
-
-
- -
Plant 12 - Replace Boosters / Well
-
-
- _
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
-
-
- _
Total Pumping Projects
2,096
125
- 450,000
Wastewater Collection System
Sewer System Studies / Planning
142,662
7,370
50,000 250,000
Sewer Main Lining
-
-
100,000 450,000
Conejo Main Replacement
112,889
272,385
560,000 -
Total Wastewater Collection Projects
255,551
279,755
1 710,000 700,000
rage 2
rage 3
2012-13
2013-14
2014 -15
2015 -16
Beyond
Project
Year 3
Year 4
Year 5
Year 6
Year 6
Totals
1,925,000
1,925,000
3,300,000
3,300,000
_
-
352,000
4,400,000
4,400,000
9,625,000
9,977,000
1,253,895
-
-
10,671,269
16,990,000
1,025,000
-
-
-
20,545,906
_
-
5,050,000
2,850,000
-
7,900,000
_
_
-
19,160,000
19,160,000
18,243,895
1,025,0001
5,050,0001
2,850,000
19,160,000
58,277,175
250,000
-
-
-
300,000
-
-
200,000
200,000
802,221
-
300,000
-
-
300,000
500,000
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
800,0001
980,0001
2,800,000
2,900,000
9,202,221
_
_
_
-
-
400,032
450,000
450,000
450,000
450,000
1,800,000
4,050,000
_
_
-
385,274
450,000
450,000
450,000
450,000
1,800,000
4,835,306
rage 3
EAST VALLEY WATER DISTRICT
Capital Improvement Program
Updated through February 2011
Projects - By Type
Prior Current
Years Year
(Memo) ( __
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
197,136
200,000 -
Harlan Lane Main Replacement
7,957
-
- 90,000
Cunningham / Hillview / Crest / Bruce
-
384,607
450,000 -
6th St 30" Pipeline - Plant 151 to Plant 40
-
61,632
120,000 3,837,000
6th St 30" Pipeline - PI 40 to PI 143
- -
9th St 12" Pipeline - Del Rosa to Sterling
-
-
- _
AMR Meter Replacement Program
-
47,098
60,000 300,000
Plant 59 Recoating
-
-
- 300,000
Plant 143 - 10mg Inter Zone Storage
28,780
200,000 900,000
Reservoir - Greenspot Rd S Curve
-
-
- -
Reservoir -Seven Oaks Dam Rd
-
-
-
Relocation of Facilities for Other Agencies
54,733
20,946
100,000
Eastwood Farms Assessment District
112,529
51,877
2,211,399 -
Baseline Gardens
31,416
Total Trans & Distribution Projects
185,162
813,492
3,341,399 5,937,000
General Projects
GIS Implementation
457,752
132,671
160,000 100,000
Headquarters Building
-
-
- -
Total General Projects
457,752
132,671
100,000
j
e,}1�60,000
Miscellaneous / Developer Projects
Developer Water Facilities (Reimb by Fees)
226,444
(20,476)
Developer Sewer Facilities (Reimb by Fees)
(17,590)
5,628
Regional Treatment Plant
24,246
Seven Oaks Dam (SAR) Discharge
206,057
2010 Flood Clean Up - Highland
14,023)
2010 Flood Clean Up - EVWpDD Facilities
y�
X455,454
Ton *40
Page 4
Page 5
Prgec$ons
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
70,000
167,957
-
384,607
2,060,000
-
-
5,948,632
1,300,000
1,000,000
-
5,400,000
7,700,000
-
-
700,000
-
700,000
300,000
300,000
-
947,098
-
-
-
300,000
550,000
10,700,000
12,178,780
-
10, 700, 000
10,700,000
10, 700, 000
10, 700,000
-
75,679
-
-
-
164,407
4,280,000 1
1,300,0001
700,0001
37,500,000
50,684,238
-
-
-
690,423
10,000,000
10, 000, 000
-
-
-
11/0�,p0e000,000
t-
-21,2 5 »;..--
yi�i1 /.. _.::
,..1_i iS�V,Wi9!
�1p0,690,423
:. �!I.i_
205,969
(11,962)
24,246
21 252
.24,243; :
3,375;000-
7,180,000. --
`-'`8;�l00;
" >80 85,
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AMENDED IN ASSEMBLY APRIL 14, 2011
CALIFORNIA LEGISLATURE - 2011 -12 REGULAR SESSION
ASSEMBLY BILL No. 23
Introduced by Assembly Member Smyth
December 6, 2010
An act to add Section 54952.3 to the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 23, as amended, Smyth. Local agency meetings: simultaneous
meetings:prekibition.. compensation disclosure.
Existing law, the Ralph M. Brown Act, requires each legislative body
of a local agency to provide the time and place for holding regular
meetings and requires that all meetings of a legislative body be open
and public: and all persons be permitted to attend unless a closed session
is authorized.
This bi 1 would prohibit the members of a legislative bodr, durin"
This bill would authorize a convened legislative body whose
membership constitutes a quorum of any other legislative body to
convene a meeting of the second legislative body, simultaneously or in
serial order, only if a clerk or member of the convened legislative body
verbally announces the amount of compensation or stipend that each
member will be entitled to receive as a result of convening the
simultaneous or serial meeting of the second legislative body, as
specified.
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AB 23
—2—
Vote: majority. Appropriation: no. Fiscal committee: no.
State - mandated local program: no.
The people of the State of California do enact as follows:
SECTION 1. Section 54952.3 is added to the Government
Code, to read:
4 of that legislative body shall not eonvene other meetings of an�
5 other legislative bedr, simultatteously or irt serial mdei, where the
6 members of the peviotisly eonvened legislative body eonstiedfe
7 at least a qtterttm of the legislative body that is attempt.i..'
8
9 that are expressly ami—i-ed, sta.— to eonvene meetittgs
10 .
11 54952.3. (a) A legislative body that has convened a meeting
12 and whose membership constitutes a quorum of any other
13 legislative body may convene a meeting of that other legislative
14 body, simultaneously or in serial order, only if a clerk or a member
15 of the convened legislative body verbally announces, prior to
16 convening that second meeting, the amount of compensation or
17 stipend that each member will be entitled to receive as a result of
18 convening the simultaneous or serial meeting of the second
19 legislative body. However, the clerk or member of the legislative
20 body shall not be required to announce the amount ofcompensation
21 authorized by Section 34130.5 of the Health and Safety Code.
22 (b) Forpurposesofthis section, compensation andstipendshall
23 not include amounts reimbursedfor actual and necessary expenses
24 incurred by a member in the performance of the member's official
25 duties, including, but not limited to, reimbursement of expenses
26 relating to travel, meals, and lodging.
x
98
AMENDED IN ASSEMBLY APRIL 14, 2011
AMENDED IN ASSEMBLY APRIL 13, 2011
AMENDED IN ASSEMBLY MARCH 30, 2011
AMENDED IN ASSEMBLY MARCH 14, 2011
CALIFORNIA LEGISLATURE- 2011 -12 REGULAR SESSION
ASSEMBLY BILL No. 229
Introduced by Assembly Member Lara
February 2, 2011
An act to amend Section 12410.5 of, to add Sections 12410.6,
12410.7, and 12410.9 to, and to add and repeal Section 12410.8 of, the
Government Code, relating to audits.
LEGISLATIVE COUNSEL'S DIGEST
AB 229, as amended, Lara. Controller: audits.
Existing, law requires the Controller to superintend the fiscal concerns
of the state. Existing law requires the Controller to receive every audit
report prepared by any local agency to comply with the federal Single
Audit Act of 1984.
This bil I would require the audit reports prepared in this regard to be
submitted to the Controller within 9 months of the end of the period
audited or in accordance with applicable federal law. This bill would
authorize 1he Controller to appoint a qualified certified public accountant
to complete an audit report if it is not submitted by the local agency
within the required timeframe, with associated costs to be borne by the
local agency, as specified. This bill would require the audit to comply
with the Government Auditing Standards issued by the Comptroller
General of the United States. This bill would require the audits to be
95
AB 229 —2—
made by a certified public accountant that is licensed by the California
Board of Accountancy and selected by a local agency from a directory
of accountants to be published by the Controller by December 31 of
each year. The Controller would be required to use specified criteria to
determine those certified public accountants that are to be included in
the directory.
This bill would require the Controller to develop a plan to review and
report the financial and compliance audits of local agencies, and to
review and monitor the audit reports performed by independent auditors.
according to specified criteria. This bill would require the Controller.
in consultation with specified entities, to propose and adopt the content
of an audit guide. This bill would also require the Controller to report
to the Legislature by January 31 of each year the results of the
Controller's oversight activity. The requirement that the Controller
report to the Legislature would be repealed on December 31, 2015.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State- mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION I. The Legislature finds that financial audits provide
2 an independent assessment of, and reasonable assurance about.
3 whether local agencies' reported financial condition, results, and
4 use of resources are presented fairly in accordance with recognized
5 standards. Accordingly, it is the intent of the Legislature to promote
6 accountability over local government funding by establishing a
7 process for reviewing and reporting on financial and compliance
8 audits conducted of local agencies. It is further the intent of the
9 Legislature that the Controller shall have oversight responsibilities
10 for implementing and ensuring compliance with this act.
11 SEC. 2. Section 12410.5 of the Government Code is amended
12 to read:
13 12410.5. (a) The Controller shall receive every annual financial
14 audit report prepared for any local agency, as defined in Section
15 53890, including those reports prepared in compliance with the
16 federal Single Audit Act of 1984 (P.L. 98 -502; 31 U.S.C. Sec.
17 7501 et seq.) and required under any law to be submitted to any
18 state agency, and shall, after ascertaining its compliance with that
19 federal act, transmit the report to the designated state agency.
9<
-3— AB 229
1 (b) An audit for any local agency submitted to the Controller
2 pursuant to this section shall comply with the Government Auditing
3 Standards issued by the Comptroller General of the United States.
4 (c) An audit for any local agency submitted to the Controller
5 pursuant to this section shall be made by a certified public
6 accountant, licensed by the California Board of Accountancy, and
7 selected by the local agency, as applicable, from a directory of
8 certified public accountants maintained by the Controller which
9 shall be published by the Controller not later than December 31
10 of each year.
11 (1) In determining which certified public accountants shall be
12 included in the directory, the Controller shall use the following
13 criteria:
14 (A) The certified public accountants or public accountants shall
15 be in good standing as certified by the California Board of
16 Accountancy.
17 (B) The certified public accountants or public accountants, as
18 a result of a quality control review conducted by the Controller
19 pursuant to Section 12410.9, shall not have been found to have
20 conducted an audit in a manner constituting noncompliance with
21 subdivision (b) of this section and subdivision (a) of Section
22 12410.7, and the Controller referred the matter to the California
23 Board of Accountancy for consideration of disciplinary action
24 pursuant to subdivision (d) of Section 12410.9. In that instance, if
25 the certified public accountant or public accountant had been
26 included in the directory, the certified public — 's
27 accovntant or public accountant shall be removed from the
28 directory until such time as the board makes a determination on
29 the matter. If the board suspends, or revokes, the certified public
30 accountant or public accountant's license, or prohibits the licensee
31 from performing audits of local agencies, the certified public
32 accountant or public accountant shall be excluded from the
33 directory until such time as he or she is in good standing with the
34 board.
35 (2) Commencing with the 2011 -12 fiscal year, it shall be
36 unlawful for a public accounting firm to provide audit services to
37 a local agency if the lead audit partner, or coordinating audit
38 partner, having primary responsibility for the audit, or the audit
39 partner responsible for reviewing the audit, has performed audit
40 services for that local agency in each of the six previous fiscal
95
AB 229
—4--
1 years. The Controller may waive this requirement if he or she finds
2 that no otherwise eligible auditor is available to perform the audit
3 (d) The governing board of each local agency shall include all
4 of the following in its contracts for audits:
5 (1) A provision to withhold 10 percent of the audit fee until the
6 Controller certifies that the audit report conforms to the reporting
7 provisions of subdivision (a) of Section 12410.7.
8 (2) A provision to withhold 50 percent of the audit fee for any
9 subsequent year of a multiyear contract if the prior year's audit
10 report was not certified as conforming to the reporting provisions
1 1 of subdivision (a) of Section 124 10.7. This provision shall include
12 a statement that a multiyear contract shall be null and void if a
13 public accounting firm or independent auditor is declared ineligible
14 pursuant to subdivision (d) of Section 12410.9. The amount
15 withheld shall not be payable unless payment is ordered by the
16 board or the audit report for that subsequent year is certified by
17 the Controller as conforming to the reporting provisions of
18 subdivision (a) of Section 12410.7.
19 (3) A provision that will provide the Controller access to audit
20 working papers.
21 SEC. 3. Section 12410.6 is added to the Government Code, to
22 read:
23 12410.6. (a) The Controller shall develop a plan to review and
24 report on financial and compliance audits of local agencies. The
25 Controller, in consultation with the Department of Finance, and
26 representatives of the League of California Cities, the California
27 State Association of County Auditors, and the California Society
28 of Certified Public Accountants, shall propose the content of, and
29 adopt, an audit guide.
30 (b) The audit reports shall be submitted to the Controller within
31 nine months after the end of the period audited, or in accordance
32 with applicable federal law.
33 (c) If the audit reports required by Section 12410.5 have not
34 been submitted by a local agency to the Controller on or before
35 the due date established by this section, the Controller may appoint
36 a qualified certified public accountant to complete the report and
37 to obtain the information required. Any cost incurred by the
38 Controller pursuant to this subdivision, including contracts with,
39 or the employment of, the certified public accountants in
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-5— AB 229
completing the audit shall be borne by the local agency and shall
be a charge against any unencumbered funds of the local agency.
SEC. 4. Section 12410.7 is added to the Government Code, to
read:
12410.7. (a) The Controller on an annual basis shall review
and monitor the audit reports performed by independent auditors.
The Controller shall determine whether the audit reports conform
with the reporting provisions of government auditing standards
and the audit guide and shall notify each local agency, and the
auditor of each local agency regarding each determination.
(b) The independent auditor shall correct his or her audit report
within 30 days of notification of any deficiency. The Controller
may suspend the independent auditor from performing any local
agency audits if the auditor does not correct his or her audit report
within 30 days of the Controller's notification.
(c) (1) Within 30 days from the date of receipt of written
notification that the Controller refuses to certify an audit report as
confirming to the reporting provisions described in subdivision
(a), an independent auditor or audit firm having a portion of an
audit fee withheld pursuant to paragraph (1) or (2) of subdivision
(d) of Section 12410.5 may file an appeal in writing with the
California Board of Accountancy.
(2) The board shall complete an investigation of the appeal
with.n 90 days of the filing of the appeal and, on the basis of the
investigation, do one of the following:
(A) (i) Order the Controller to provide notification that the audit
report conforms to the reporting provisions described in subdivision
(a).
(ii) If the board orders the Controller to provide notification that
the audit report conforms to the reporting provisions described in
subdivision (a), the Controller shall notify the contracting local
agency, which shall then release the portion of the audit fee being
withheld in accordance with paragraph (1) or (2) of subdivision
(d) of Section 12410.5.
(B) Schedule the appeal for a hearing, in which case the final
action on the appeal shall be completed by the board within one
year from the date of the filing of the appeal.
SEC. 5. Section 12410.8 is added to the Government Code, to
read:
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AB 229
—6 --
1 12410.8. (a) The Controller shall report to the Legislature by
2 January 31 of each year the results of the Controller's oversight
3 activity, including the results of' the Controller's quality control.
4 reviews.
5 (b) A report submitted pursuant to subdivision (a) shall be
6 submitted in compliance with Section 9795.
7 (c) Pursuant to Section 1023 1.5, this section is repealed on
8 December 31, 2015.
9 SEC. 6. Section 12410.9 is added to the Government Code, to
10 read:
11 12410.9. (a) The Controller may perform quality control
12 reviews of audit working papers to determine whether audits are
13 performed in conformity with government audit standards and the
14 local agency audit guide. The Controller shall communicate the
15 results of his or her reviews to the Department of Finance, the
16 independent auditor, and the local agency for which the audit was
17 performed, and shall review his or her findings with the
18 independent auditor.
19 (b) Prior to the performance of any quality control reviews, the
20 Controller shall develop and publish guidelines and standards for
21 those reviews. Pursuant to the development of those guidelines
22 and standards for those reviews, the Controller shall provide an
23 opportunity for public comment. The Controller shall update the
24 guidelines and standards for any changes in audit standards.
25 (c) The Controller is responsible for selecting audits for review
26 based on criteria, including, but not limited to, disciplinary actions
27 by the California Board of Accountancy, results of the Controller's
28 review and monitoring of the audit reports, the extent of findings
29 in the audit reports issued by the independent auditor, the number
30 of audits of local agencies performed annually by the independent
31 auditor, the independent auditor's experience in performing audits
32 of local agencies, the complexity of state and federal programs
33 administered by the local agencies, and requests or leads from
34 other sources.
35 (d) If the Controller finds that the audit was conducted in a
36 manner that constitutes unprofessional conduct as defined pursuant
37 to Section 5100 of the Business and Professions Code, or that there
38 were multiple and repeated failures to disclose noncompliant acts,
39 the Controller shall refer the case to the California Board of
40 Accountancy. In that instance, the independent auditor shall be
95
-7— AB 229
prohibited from performing an audit of a local agency until such
time as the board resolves the matter. If the California Board of
Accountancy finds that the independent auditor conducted an audit
in art unprofessional manner, the Controller may prohibit the
independent auditor from performing any audit of a local agency
for the period during which the independent auditor is not in good
standing with the board, in addition to any other penalties that the
California Board of Accountancy may impose.
L
95
AMENDED IN ASSEMBLY APRIL 4, 2011
CALIFORNIA LEGISLATURE - 2011 -12 REGULAR SESSION
ASSEMBLY BILL No. 276
Introduced by Assembly Member Alejo
February 7, 2011
An act to amend Sections 12463, 53890 and 53 895, 53890, and 53895
of, and to repeal Sections 53892.1, 53895.5, and 53895.7 of, the
Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 276, as amended, Alejo. Local government: financial reports.
(1) Existing law requires the officer of each local agency, who has
charge of the financial records of the agency, to furnish to the Controller
a report of all the financial transactions of the local agency during the
next preceding fiscal year within 90 days of the close of each fiscal
year, as specified. Existing law defines local agency, for purposes of
these financial reports to mean any city, county, district, and specified
community redevelopment agencies.
This bill would also include within the definition of local agency any
joint powers agency, formed pursuant to the Joint Exercise of Powers
Act, that issues conduit revenue bonds, and would require these joint
powers agencies to furnish the Controller with the required financial
reports.
(2) Existing law provides that an officer of a local agency who fails
or refuses to make and file his or her report within 20 days after receipt
of a written notice of the failure from the Controller forfeits to the state
$1,000 in the case of a local agency with total revenue, in the prior year,
of less than $100,000; $2,500 in the case of a local agency with total
revenue, in the prior year, of at least $100,000 but less than $250,000;
AB 276 —2--
and $5,000 in the case of a local agency with total revenue in the prior
year of at least $250,000. Existing law raises these amounts in the case
of a community redevelopment agency, and a joint powers agency that
issues conduit revenue bonds in the second and third consecutive year.
This bill would raise the forfeiture amounts for all local agencies to
$2,500 in the case of a local agency with total revenue, in the prior year,
of less than $100,000; $5,000 in the case of a local agency with total
revenue, in the prior year, of at least S100,000 but less than $250.000:
and $10,000 in the case of a local agency with total revenue, in the prior
year, of at least $250,000. The bill would double these fines if the agency
fails to submit the report to the Controller for 2 consecutive years, and
would triple the fines if the agency fails to submit the report to the
Controller for 3 consecutive years. The bill would also require the
Controller to conduct an audit, as specified, of the local agency if the
local agency fails to provide the financial reports for 3 consecutive
years.
(3) Existing law requires the Superintendent of Public Instruction to
make available to the Controller, on an as- needed basis, data and other
matters required to permit the compilation of the financial transactions
of school districts by the Controller.
This bill would repeal this provision.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 12463 of the Government Code is
2 amended to read:
3 12463. (a) The Controller shall compile and publish reports
4 of the financial transactions of each county, city, special district.
5 and joint powers agency formed pursuant to the Joint Exercise of'
6 Powers Act (Article 1 (commencing with Section 6500) of Chapter
7 5 of Division 7 of Title 1) that issues conduit revenue bonds.
8 respectively, within this state, together with any other matter he
9 or she deems of public interest. The reports shall include the
10 appropriations limits and the total annual appropriations subject
11 to limitation of the counties, cities, and special districts. The reports
12 to the Controller shall be made in the time, form, and manner
13 prescribed by the Controller.
9F
-3— AB 276
1 (b) Effective January 1, 2005, the Controller shall compile and
2 publish reports of the financial transactions of each county, city,
3 and special district pursuant to subdivision (a) on or before August
4 1, September 1, and October 1 respectively, of each year following
5 the end of the annual reporting period. The Controller shall make
6 data collected pursuant to this subdivision available upon request
7 to the Legislature and its agents, on or before April 1 of each year.
8 (c) As used in this section, "special district' means any of the
9 following:
10 (fir)
11 (1) A special district as defined in Section 95 of the Revenue
12 and Taxation Code.
13 (B)
14 (2) A commission provided for by a joint powers agreement
15 pursuant to Chapter 5 (commencing with 6500) of Division 7 of
16 Title 1.
17 (e
18 (3) A nonprofit corporation that is any of the following:
19 (i)
20 (A) Was formed in accordance with the provisions of a joint
21 powers agreement to cant' out functions specified in the agreement.
22 (ii)
23 (B) Issued bonds, the interest on which is exempt from federal
24 income taxes, for the purpose of purchasing land as a site for, or
25 purchasing or constructing, a building, stadium, or other facility,
26 that is subject to a lease or agreement with a local public entity.
27 (fir
28 (C) Is wholly owned by a public agency.
29 SEC. 2. Section 53890 of the Government Code is amended
30 to read:
31 53890. As used in this article, "local agency" means any city,
32 county, any district, any community redevelopment agency
33 required to furnish financial reports pursuant to Section 12463.1
34 or 12463.3, and a joint powers agency formed pursuant to the Joint
35 Exercise of Powers Act (Article I (commencing with Section 6500)
36 of Chapter 5 of Division 7 of Title 1) that issues conduit revenue
37 bonds.
38 SEC. 3. Section 53892.1 of the Government Code is repealed.
39 SEC. 4. Section 53895 of the Government Code is amended
40 to read:
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53895. (a) An officer of a local agency who fails or refuses to
make and file his or her report within 20 days after receipt of a
written notice of the failure from the Controller shall forfeit to the
state:
(1) Two thousand five hundred dollars ($2,500), in the case of
a local agency with total revenue, in the prior year, of less than
one hundred thousand dollars ($100,000), as reported in the
Controller's annual financial reports.
(2) Five thousand dollars ($5.000), in the case of a local agency
with total revenue, in the prior year, of at least one hundred
thousand dollars ($100,000) but less than two hundred fifty
thousand dollars ($250,000), as reported in the Controller's annual
financial reports.
(3) Ten thousand dollars ($10,000), in the case of a local agency
with total revenue, in the prior year, of at least two hundred fift)
thousand dollars ($250,000), as reported in the Controller's annual
financial reports.
(b) (1) Upon the request of the Controller, the Attorney General
shall prosecute an action for the forfeiture in the name of the people
of the State of California.
(2) Upon a satisfactory showing of good cause, the Controller
may waive the penalties for late filing provided in this section.
(c) If an officer of a local agency fails or refuses to make and
file his or her report within 20 days after receipt of a written notice
pursuant to subdivision (a) for two consecutive years, the forfeiture
or fine assessed pursuant to paragraphs (1), (2), and (3) of
subdivision (a) in the second year shall be doubled.
(d) (1) If an officer of a local agency fails or refuses to make
and file his or her report within 20 days after receipt of a written
notice pursuant to subdivision (a) for three consecutive years, the
forfeiture or fine assessed pursuant to paragraphs (1), (2), and (3)
of subdivision (a) in the third year shall be tripled. The Controller
shall also conduct or cause to be conducted an independent
financial audit report. In the case of a community redevelopment
agency, the audit report shall be consistent with the requirements
of Section 33080.1 of the Health and Safety Code, and in the case
of a joint powers agency, the audit report shall be consistent with
Section 6505. The agency shall reimburse the Controller for the
cost of complying with this subdivision.
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(2) A redevelopment agency shall not use any of the funds in
the Low and Moderate Income Housing Fund to fund any forfeiture
or fine assessed pursuant to this section.
(e) An agency that makes a forfeiture or payment pursuant to
this section shall still file the report required pursuant to Section
5389;..
��R"WIM
sufiey ently transparent and aeeotmtable to the publie by extending
sufFre ent
pr.
y .
SEC. 5. Section 53895.5 of the Government Code is repealed.
SEC. 6. Section 53895.7 of the Government Code is repealed.
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AMENDED IN ASSEMBLY APRIL 14, 2011
AMENDED IN ASSEMBLY MARCH 16, 2011
AMENDED IN ASSEMBLY MARCH 2, 2011
CALIFORNIA LEGISLATURE - 2011 -12 REGULAR SESSION
ASSEMBLY BILL No. 148
Introduced by Assembly Member Smyth
(Coauthors: Assembly Members Jeffries, Norby, and Portantino)
(Coauthor: Senator Correa)
January 14, 2011
An act to amend Sections 53234 and 53235.2 of, and to add Section
53232.5 to, the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1413, as amended, Smyth. Local government: ethics training:
disclosure.
(1) Existing law, for purposes of ethics training for officers and
employees of a local government, defines the term ethics laws to include,
among others, laws relating to government transparency.
This bill would additionally define the term ethics laws to include
compensation setting guidelines as established by specified organizations
or the local agency.
(2) Existing law requires local agency officials, as defined, to receive
ethics training, if the local agency provides any type of compensation,
salary, or stipend to a member of a legislative body, or provides
reimbursement for actual and necessary expenses incurred by a member
of a legislative body in the performance of official duties.
This bill would require the local agency to post the ethics training
1MOM records of all elected members of the local agency on the local
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agency's Internet Web site, if any, and to submit a copy of the7°eeard
records to the Controller within 90 days of receiving the reeord records.
By increasing the duties of local officials, this bill would impose a
state - mandated local program.
(3) Existing law authorizes a local agency, as defined, to pay
compensation to members of a legislative body for attendance at
specified occurrences. Existing law authorizes a local agency to pay
compensation for attendance at other occurrences if the governing body
has adopted, in a public meeting, a written policy specifying other types
of occasions that constitute the performance of official duties.
Existing law authorizes a local agency to reimburse members of a
legislative body for actual and necessary expenses incurred in the
performance of official duties, if the governing body has adopted a
written policy, in a public meeting, specifying the types of occurrences
that qualify a member of the legislate e body to receive reimbursement
of specified actual and necessary expenses.
This bill would require a local agency that has adopted a written
attendance compensation policy or written reimbursement policy to
post the policy on the local agency's Internet Web site, if any, and to
submit a copy of the policy to the Controller. The bill would, if a local
agency does not comply with these requirements, require the Controller
to withhold any funds to which the local agency is otherwise entitled.
as specified.
(4) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state.
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: yes.
The people of the State of California do enact as follows:
I SECTION 1. Section 53232.5 is added to the Government
2 Code, to read:
3 53232.5. (a) A local agency that adopts a written attendance
4 compensation policy pursuant to subdivision (b) of Section 53232.1
5 or a written reimbursement policy pursuant to subdivision (b) of
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1 Section 53232.2 shall post the written policy on the local agency's
2 Internet Web site, if any, and shall submit a copy of the written
3 policy to the Controller.
4 (b) If a local agency fails to comply with the disclosure
5 requirements imposed by this section, the Controller shall withhold
6 any funds to which the local agency is otherwise entitled until the
7 local agency complies with the disclosure requirements.
8 SEC. 2. Section 53234 of the Government Code is amended
9 to read:
10 53234. For the purposes of this article, the following terms
11 have the following meanings:
12 (a) "Legislative body" has the same meaning as specified in
13 Section 54952.
14 (b) "Local agency" means a city, county, city and county, charter
15 city, charter county, charter city and county, or special district.
16 (c) "Local agency official" means the following:
17 (1) Any member of a local agency legislative body or any
18 elected local agency official who receives any type of
19 compensation, salary, or stipend or reimbursement for actual and
20 necessary expenses incurred in the performance of official duties.
21 (2) Any employee designated by a local agency governing body
22 to receive the training specified under this article.
23 (d) "Ethics laws" include, but are not limited to, the following:
24 (1) Laws relating to personal financial gain by public servants,
25 including, but not limited to, laws prohibiting bribery and
26 conflict -of- interest laws.
27 (2) Laws relating to claiming perquisites of office, including,
28 but not limited to, gift and travel restrictions, prohibitions against
29 the use of public resources for personal or political purposes,
30 prohibitions against gifts of public funds, mass mailing restrictions,
31 and prohibitions against acceptance of free or discounted
32 transportation by transportation companies.
33 (3) Government transparency laws, including, but not limited
34 to, financial interest disclosure requirements and open government
35 laws.
36 (4) Laws relating to fair processes, including, but not limited
37 to, common law bias prohibitions, due process requirements,
38 incompatible offices, competitive bidding requirements for public
39 contracts, and disqualification from participating in decisions
40 affecting family members. Compensation setting guidelines, as
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AB 148
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1 established by organizations including, but not limited to, the
2 California State Association of Counties, the League of Cali forma
3 Cities, the California Special Districts Association, the California
4 City Management Foundation, or the local agency.
5 SEC. 3. Section 53235.2 of the Government Code is amended
6 to read:
7 53235.2. (a) A local agency that requires its local agency
8 officials to complete the ethical training prescribed by this article
9 shall maintain records, in the manner prescribed by this section.
10 indicating both of the following:
11 (1) The dates that local officials satisfied the requirements of'
12 this article.
13 (2) The entity that provided the training.
14 (b) Notwithstanding any other provision of law, a local agent,,
15 shall maintain these records for at least five vears after local
16 officials receive the training. These records are public records
17 subject to disclosure under the California Public Records Act
18 (Chapter 3.5 (commencing with Section 6250) of Division 7 of'
19 Title 1).
20 (e) A local agency shall post the ethics training records of all
2] leeal ageney offieials as defined by paragraph (1) of subdivision
22 elected members of a local agency on the
23 local agency's Internet Web site, if any, and shall submit a copy
24 to the Controller within 90 days of receiving the records.
25 SEC. 4. The Legislature finds and declares that the ethical
26 integrity and stability of local governmental agencies in this state,
27 including charter cities, has a direct impact on the long -term
28 well -being of all the residents of this state. The likelihood of
29 businesses locating to or staying in the state is affected by the
30 perception of a functioning, transparent, and practical governmental
31 structure in the local governmental bodies in California. Therefore.
32 the Legislature finds and declares that to ensure the statewide
33 integrity of local government, the disclosure of ethics training
34 records for local agency officials is an issue of statewide concern
35 and not a municipal affair, as that term is used in Section 5 of
36 Article XI of the California Constitution. Therefore, this act shall
37 apply to all cities, including charter cities.
38 SEC. 5. If the Commission on State Mandates determines that
39 this act contains costs mandated by the state, reimbursement to
40 local agencies and school districts for those costs shall be made
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1 pursuant to Part 7 (commencing with Section 17500) of Division
2 4 of Title 2 of the Government Code.
CS
U-1
AMENDED IN ASSEMBLY APRIL 14, 2011
AMENDED IN ASSEMBLY MARCH 15, 2011
CALIFORNIA LEGISLATURE- 2011 -12 REGULAR SESSION
ASSEMBLY BILL
No. 253
Introduced by Assembly Member Smyth
(Coauthors: Assembly Members Jeffries, Norby, and Portantino)
(Coauthor: Senator Correa)
February 3, 2011
An act to amend-Seeaon- 53o9'r Section 52891 and 53892.2 of, and
to add Sections 53891.2 and 53891.3 to, the Government Code, relating
to local agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 253, as amended, Smyth. Local agencies: accounting.
Existing law requires the Controller to prescribe uniform accounting
and reporting procedures that are applicable to specified types of local
agencies, including special districts.
This bill would instead require the Controller to prescribe uniform
accounting procedures that are applicable only to specified types of
special districts, subject to these provisions. The bill would require the
Controller to prescribe uniform accounting procedures for cities, subject
to specified criteria, in collaboration with the Committee on City
Accounting Procedures, which would be created by the bill.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: no.
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The people of the State of California do enact as follows:
SECTION 1. Section 53891 of the Government Code is
amended to read:
53891. The officer of each local agency who has charge of the
financial records shall famish to the Controller a report of all the
financial transactions of the local agency during the next preceding
fiscal year. The report shall be furnished within 90 days after the
close of each fiscal year and shall be in the form required by the
Controller. If the report is filed in electronic format as prescribed
by the Controller, the report shall be furnished within 110 days
after the close of each fiscal year. However, in the case of local
agencies filing annual financial materials with the California Health
Facilities Commission or any successor thereto pursuant to Section
441.18 of the Health and Safety Code, the audited report shall be
furnished within 120 days after the close of each fiscal year.
Further, in the case of community redevelopment agencies filing
annual reports with the Controller pursuant to Section 33080 of
the Health and Safety Code, the report shall be furnished within
six months of the end of the agency's fiscal year.
The Controller shall prescribe uniform accounting procedures
which shall be applicable to all special districts, as defined in
Section 12463, except for special districts which substantially
follow a system of accounting prescribed by the Public Utilities
Commission of the State of California or the Federal Pier
Commission Federal Energy Regulatory Commission. The
procedures shall be adopted under the provisions of Chapter 3.5
(commencing with Section 1 1340) of Part 1 of Division 3 of Title
2. The Controller shall prescribe these procedures only after
consultation with and approval of a local governmental advisory
committee established pursuant to Section 12463.1. Approval of
the procedures shall be by majority vote of the members present
at a meeting of the committee called by the chairperson thereof.
SEC. 2. Section 53891.2 is added to the Government Code, to
read:
53891.2. The Controller shall, in collaboration with the
Committee on City Accounting Procedures created pursuant to
Section 53891.3, prescribe for cities uniform accounting and
reporting procedures conforming to the generally accepted
accounting principles. The procedures shall be adopted under the
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provisions of Chapter 3.5 (commencing with Section 11340) of
Part ;. of Division 3 of Title 2 and shall be published in the
California Code of Regulations either in their entirety or by
reference.
SEC. 3. Section 53891.3 is added to the Government Code, to
read:
53891.3. The Committee on City Accounting Procedures is
hereby created and shall consist of 10 members appointed by, and
who shall serve at the pleasure of, the Controller. Five of the
members shall be city finance officers, three of the members shall
be city managers, and two of the tnernbets shall be eity eoureil
one cf the members shall be a public auditor, and one of the
members shall be an individual with a demonstrated history of
profersional experience analyzing local government financial data
produced by the Controller. The members of the committee shall
serve without compensation, but shall be reimbursed for their
necessary traveling and other expenses incurred in attending
meetings of the committee. These expenses shall be paid by the
city of which the member is an officer. The Controller shall
designate a member of the committee to serve as chairperson. The
committee shall meet at the call of the chairperson and each
member shall be given written notice of a meeting at least 10
calendar days prior to the date of the meeting. The committee may
discuss topics that include, but are not limited to, financial
transaction reports.
SEC. 4. Section 53892.2 of the Government Code is amended
to read:
53892.2. Pursuant to Section 53892, the report shall also
contain the following information:
(a) For all issues of general obligation bonds, revenue bonds,
improvement district bonds, limited obligation bonds, and special
assessment bonds state:
(1) The purpose of the bonds.
(2) The amount of issued and unmatured bonds.
(3) The amount of any delinquent principal and interest
payments which are due upon issued and matured bonds.
(4) The amount of authorized but unissued bonds.
(b) For each issue of general obligation bonds and improvement
district bonds where the revenues of any revenue - producing
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enterprise have been pledged as additional security for such bonds,
state the nature and extent of such pledge.
(c) For each issue of revenue bonds where any income, other
than the revenues of the enterprise financed by said revenue bonds,
has been pledged as additional security for said bonds, state the
nature and extent of such pledge.
(d) For each issue of improvement district bonds state the
assessed valuation of all taxable property in such improvement
district, determined in the manner provided in subdivision (e) of
Section 53892.
(e) For each issue of limited obligation bonds, state the nature
and source of taxes from which principal and interest is payable.
(f) For special assessment bonds which are payable, directly or
indirectly, from any source other than special assessments, state
the nature and extent of such sources.
(g) For all lease - obligations state:
(1) The purpose of the lease - obligation.
(2) The nature of the lease - obligation, whether by lease, contract,
or otherwise, and the parties thereto.
(3) The person, partnership, corporation, legal entity or
governmental agency providing any moneys expended for making
any acquisition or improvement authorized or required for the
purpose of such lease - obligation.
(4) The total future rentals or other payments which would be
required if the local agency completed the unexpired term of the
lease - obligation.
(h) For construction financed by the United States or the State
of California pursuant to a contract with, or a loan or grant to, the
localagency:
(1) The date or purpose of the contract or grant.
(2) The maximum repayment obligation under the contract, and
the amount expended by the United States or the State of California
to date.
(3) The estimated payment schedule.
(4) The payments to date and delinquencies, if any.
The following definitions shall apply to this section:
"Bonds" means all bonds, warrants, notes or other evidences of'
indebtedness or liability for which the reporting local agency is
liable for payment of principal and interest thereon.
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"General obligation bonds" means bonds payable, both principal
and interest, from the proceeds of ad valorem taxes or ad valorem
assessments which may be levied within the entire territory of the
local agency, without limitation as to rate or amount, upon all
property subject to taxation or assessment.
"Revenue bonds" means bonds issued by a local agency payable,
both principal and interest, from the revenues of a
revenue- producing enterprise.
"Improvement district bonds" means bonds payable, both
principal and interest, from the proceeds of ad valorem taxes or
ad va:.orem assessments which may be levied within a fixed and
defined portion or portions of the local agency, without limitation
as to rate or amount, upon all property subject to taxation or
assessment.
"Limited obligation bonds" means any bonds payable, both
principal and interest, from any taxes, other than taxes or
assessments levied upon property.
"Special assessment bonds" means any bonds issued to represent
unpaid assessments upon lands in an area fixed and defined by the
local agency, the lands within such area being specially benefited
by and assessed or to be assessed to pay the costs and expenses of
a public acquisition or improvement.
"Lease- obligations" means (i) leases for a term or more than 10
years under which the local agency is the lessee and has the right,
by option or otherwise, to acquire ownership of the property leased
or (ii) contracts whereby a local agency is obligated to make
instafiment payments for a period of more than 10 years for an
acquisition or improvement, such payments being made from a
special fund, provided, that revenue bonds or any contract,
indenture, resolution or ordinance providing for the issuance of
revenue bonds shall not be deemed a lease - obligation.
The information required by this section shall be submitted in
such form and detail as may be prescribed by the uniform reporting
procedures adopted pursuant to Section 53894 53891.2.
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CALIFORNIA LEGISLATURE - 2011 -12 REGULAR SESSION
ASSEMBLY BILL No. 527
Introduced by Assembly Member Roger Hernindez
February 15, 2011
An act to amend Sections 1090 and 1091 of, and to add Section
1096.5 to, the Government Code, relating to public officials.
LEGISLATIVE COUNSEL'S DIGEST
AB 527; as introduced, Roger Hernandez. Public officials: financial
interests.
Existing law prohibits Members of the Legislature, and state, county,
district, judicial district, and city officers or employees from being
financially interested in any contract made by them in their official
capacity, or by any body or board of which they are members. Existing
law defines what is a remote interest in a contract that does not present
a prohibited conflict of interest under these provisions. Existing law
authorizes a body or board to make a contract that involves a remote
interest of a member of the body if, among other things, the remote
interest is disclosed to the body or board and noted in its official records,
and thereafter the body or board authorizes, approves, or ratifies the
contract in good faith by a vote of its membership sufficient for the
purpose without counting the vote or votes of the officer or member
with the remote interest. Violation of these provisions is a crime.
This bill would additionally require that the remote interest be
disclosed at a public meeting of that body or board and would require
the counsel or other legal advisor of the body or board to identify a
statutory basis for classifying the interest as a remote interest. By
increasing the scope of actions that constitute a crime, this bill would
impose a state- mandated local program.
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This bill would also prohibit the specified officers or employees from
authorizing the expenditure of public funds, as specified, if any member
of the body or board is financially interested in the person or entity that
receives the expended funds.
This bill would also prohibit a body or board of a city or county frore
approving any project, plan, permit, or conveyance of land in which a
member ofthatbody is financially interested, as defined, unless specified
conditions are met, including disclosing the financial interest at a public
meeting of that body or board, requiring the financially interested
member to abstain from voting on the item, and requiring the body or
board to approve the item by a vote of its membership sufficient for the
purpose without the vote or votes of the member with the remote
interest. The bill would make a violation of these provisions a crime.
thereby imposing a state - mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State- mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 1090 of the Government Code is amended
2 to read:
3 1090. Members of the Legislature, state, county, district.
4 judicial district, and city officers or employees shall not be
5 financially interested in any contract made by them in their official
6 capacity, or by any body or board of which they are members. Vor
7 shall any state, county, district, judicial district, and city officers
8 or employees authorize the expenditure ofpublic funds, regardless
9 of whether a contract is made in furtherance of the expenditure,
10 if any member of the body or board is financially interested in the
11 person or entity that receives the expenditure. Nor shall state,
12 county, district, judicial district, and city officers or employees be
13 purchasers at any sale or vendors at any purchase made by them
14 in their official capacity.
15 As used in this article, "district" means any agency of the state
16 formed pursuant to general law or special act, for the local
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performance of governmental or proprietary functions within
limited boundaries.
SEC. 2. Section 1091 of the Government Code is amended to
read:
1091. (a) An officer shall not be deemed to be interested in a
contract entered into by a body or board of which the officer is a
member within the meaning of this article if the officer has only
a remote interest in the contract-and, if the fact of that interest is
disclosed to the body or board of which the officer is a member
and noted in its official records at a public meeting of that body
or board, and the counsel or other legal advisor of the body or
board has identified a statutory basis for classifying the interest
as remote at a public meeting of the body or board, and thereafter
the body or board authorizes, approves, or ratifies the contract in
good faith by a vote of its membership sufficient for the purpose
without counting the vote or votes of the officer or member with
the remote interest.
(b) As used in this article, "remote interest' means any of the
following:
(1) That of an officer or employee of a nonprofit entity exempt
from taxation pursuant to Section 501(c)(3) of the Internal Revenue
Code (26 U.S.C. Sec. 501(c)(3)) or a nonprofit corporation, except
as provided in paragraph (8) of subdivision (a) of Section 1091.5.
(2) That of an employee or agent of the contracting party, if the
contracting party has 10 or more other employees and if the officer
was an employee or agent of that contracting party for at least three
years prior to the officer initially accepting his or her office and
the officer owns less than 3 percent of the shares of stock of the
contracting party; and the employee or agent is not an officer or
director of the contracting party and did not directly participate in
formulating the bid of the contracting party.
For purposes of this paragraph, time of employment with the
contracting party by the officer shall be counted in computing the
three -year period specified in this paragraph even though the
contracting party has been converted from one form of business
organization to a different form of business organization within
three years of the initial taking of office by the officer. Time of
employment in that case shall be counted only if, after the transfer
or change in organization, the real or ultimate ownership of the
contracting party is the same or substantially similar to that which
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1 existed before the transfer or change in organization. For purpose s
2 of this paragraph, stockholders, bondholders, partners, or other
3 persons holding an interest in the contracting parry are regarded
4 as having the "real or ultimate ownership" of the contracting party.
5 (3) That of an employee or agent of the contracting party, if a It
6 of the following conditions are met:
7 (A) The agency of which the person is an officer is a local publi;
8 agency located in a county with a population of less than 4,000,000.
9 (B) The contract is competitively bid and is not for personal
10 services.
I1 (C) The employee or agent is not in a primary management
12 capacity with the contracting parry, is not an officer or director of
13 the contracting party, and holds no ownership interest in the
14 contracting party.
15 (D) The contracting party has 10 or more other employees.
16 (E) The employee or agent did not directly participate in
17 formulating the bid of the contracting party.
18 (F) The contracting party is the lowest responsible bidder.
19 (4) That of a parent in the earnings of his or her minor child for
20 personal services.
21 (5) That of a landlord or tenant of the contracting party.
22 (6) That of an attorney of the contracting parry or that of an
23 owner, officer, employee, or agent of a firm that renders, or has
24 rendered, service to the contracting party in the capacity of
25 stockbroker, insurance agent, insurance broker, real estate agent.
26 or real estate broker, if these individuals have not received and
27 will not receive remuneration, consideration, or a commission as
28 a result of the contract and if these individuals have an ownership
29 interest of 10 percent or more in the law practice or firm, stock
30 brokerage firm, insurance firm. or real estate firm.
31 (7) That of a member of a nonprofit corporation formed under
32 the Food and Agricultural Code or a nonprofit corporation formed
33 under the Corporations Code for the sole purpose of engaging in
34 the merchandising of agricultural products or the supplying of
35 water.
36 (8) That of a supplier of goods or services when those goods or
37 services have been supplied to the contracting parry by the officer
38 for at least five years prior to his or her election or appointment
39 to office.
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1 (9) That of a person subject to the provisions of Section 1090
2 in any contract or agreement entered into pursuant to the provisions
3 of the California Land Conservation Act of 1965.
4 (10) Except as provided in subdivision (b) of Section 1091.5,
5 that of a director of, or a person having an ownership interest of,
6 10 percent or more in a bank, bank holding company, or savings
7 and loan association with which a party to the contract has a
8 relationship of borrower or depositor, debtor or creditor.
9 (11) That of an engineer, geologist, or architect employed by a
10 consulting engineering or architectural firm. This paragraph applies
11 only to an employee of a consulting firm who does not serve in a
12 primary management capacity, and does not apply to an officer or
13 director of a consulting firm.
14 (12) That of an elected officer otherwise subject to Section 1090,
15 in an), housing assistance payment contract entered into pursuant
16 to Section 8 of the United States Housing Act of 1937 (42 U.S.C.
17 Sec. 1437f) as amended, provided that the housing assistance
18 payment contract was in existence before Section 1090 became
19 applicable to the officer and will be renewed or extended only as
20 to the existing tenant, or, in a jurisdiction in which the rental
21 vacancy rate is less than 5 percent, as to new tenants in a unit
22 previously under a Section 8 contract. This section applies to any
23 person who became a public official on or after November 1, 1986.
24 (13) That of a person receiving salary, per diem, or
25 reimbursement for expenses from a government entity.
26 (14) That of a person owning less than 3 percent of the shares
27 of a contracting party that is a for -profit corporation, provided that
28 the ownership of the shares derived from the person's employment
29 with that corporation.
30 (15) That of a parry to litigation involving the body or board of
31 which the officer is a member in connection with an agreement in
32 which all of the following apply:
33 (A) The agreement is entered into as part of a settlement of
34 litigation in which the body or board is represented by legal
35 counsel.
36 (B) After a review of the merits of the agreement and other
37 relevant facts and circumstances, a court of competent jurisdiction
38 finds that the agreement serves the public interest.
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(C) The interested member has recused himself or herself from
all participation, direct or indirect, in the making of the agreement
on behalf of the body or board
(16) That of a person who is an officer or employee of an
investor -owned utility that is regulated by the Public Utilities
Commission with respect to a contract between the investor -owned
utility and a state, county, district, judicial district, or city body or
board of which the person is a member, if the contract requires the
investor -owned utility to provide energy efficiency rebates or other
type of program to encourage energy efficiency that benefits the
public when all of the following apply:
(A) The contract is funded by utility consumers pursuant to
regulations of the Public Utilities Commission.
(B) The contract provides no individual benefit to the person
that is not also provided to the public, and the investor -owned
utility receives no direct financial profit from the contract.
(C) The person has recused himself or herself from all
participation in making the contract on behalf of the state, count\,
district, judicial district, or city body or board of which he or she
is a member.
(D) The contract implements a program authorized by the Public
Utilities Commission.
(c) This section is not applicable to any officer interested in a
contract who influences or attempts to influence another member
of the body or board of which he or she is a member to enter into
the contract.
(d) The willful failure of an officer to disclose the fact of his or
her interest in a contract pursuant to this section is punishable as
provided in Section 1097. That \iolation does not void the contract
unless the contracting party had knowledge of the fact of the remote
interest of the officer at the time the contract was executed.
SEC. 3. Section 1096.5 is added to the Government Code. to
read:
1096.5. (a) No body or board of a city or county, including,
but not limited to, a planning commission, shall approve any
project, plan, permit, or conveyance of land in which any member
of that body is financially interested unless the fact of that interest
is disclosed to the body or board by the financially interested
member at a public meeting of that body or board, the financially
interested member abstains from voting on the project, plan, permit,
"w
-7— AB 527
1 or conveyance of land, and thereafter the body or board approves
2 the project, plan, permit, or conveyance of land in good faith by
3 a vote of its membership sufficient for the purpose without counting
4 the vote or votes of the member with the remote interest.
5 (b) For purposes of this section, a member of a body or board
6 shall be financially interested if the approval of the project, plan,
7 permit, or conveyance will have a reasonably foreseeable financial
8 effect on the member, on the real property owned or leased by the
9 member, or on a business entity in which the member is an
10 employee, agent, contractor, or consultant of the business entity.
11 (c) Any project, plan, permit, or conveyance approved in
12 violation of this section shall be void and punishable in the manner
13 provided in Section 1097.
14 SEC. 4. No reimbursement is required by this act pursuant to
15 Section 6 of Article XIIIB of the California Constitution because
16 the only costs that may be incurred by a local agency or school
17 district will be incurred because this act creates a new crime or
18 infraction, eliminates a crime or infraction, or changes the penalty
19 for a crime or infraction, within the meaning of Section 17556 of
20 the Government Code, or changes the definition of a crime within
21 the meaning of Section 6 of Article XIII B of the California
22 Constitution.
L
99
AMENDED IN ASSEMBLY APRIL 14, 2011
CALIFORNIA LEGISLATURE- 2011 -12 REGULAR SESSION
ASSEMBLY BILL No. 582
Introduced by Assembly Member Pan
February 16, 2011
An act to amend Section 54957.6 of the Government Code, relating
to public meetings.
LEGISLATIVE COUNSEL'S DIGEST
AB 582, as amended, Pan. Open meetings: local agencies.
(1) The Ralph M. Brown Act authorizes a legislative body of a local
agency to hold closed sessions with the agency's designated
representatives regarding the salary and compensation of represented
and unrepresented employees.
This bill would require that proposed compensation increases of more
than 5% for- nm'epresenfed specified employees be publicly noticed, as
prescribed. By adding to the duties of local officials, this bill would
impose a state- mandated local program.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bil' would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: yes.
98
AB 582
mm
The people of the State of California do enact as follows:
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-3— AB 582
:.�u.:a u..• uw4wii b.... ii.:. du :,:�n�.i.w�:� +:, +.:uR= cmiwir�+
3 hes it „
4 (d} Foi the FuIposes of this Shall
5 inekn le an afli
6 ftn-eflieer or an emple
7 meml
8 SECTION 1. Section 54957.6 of the Government Code is
9 amended to read:
10 54957.6. (a) Notwithstanding any other-prffft i n-ef law, a
1 I legislative body of a local agency may hold closed sessions with
12 the local agency's designated representatives regarding the salaries,
13 salary schedules, or compensation paid in the form of fringe
14 benefits of its represented and unrepresented employees, and, for
15 represented employees, any other matter within the statutorily
16 provided scope of representation.
17 However, prior to the closed session, the legislative body of the
18 local agency shall hold an open and public session in which it
19 identifies its designated representatives.
20 Closed sessions of a legislative body of a local agency, as
21 permitted in this section, shall be for the purpose of reviewing its
22 position and instructing the local agency's designated
23 representatives.
24 Closed sessions, as permitted in this section, may take place
25 prior to and during consultations and discussions with
26 representatives of employee organizations and unrepresented
27 employees.
28 Closed sessions with the local agency's designated representative
29 regarding the salaries, salary schedules, or compensation paid in
30 the firm of fringe benefits may include discussion of an agency's
31 available funds and funding priorities, but only insofar as these
32 discussions relate to providing instructions to the local agency's
33 designated representative.
34 Closed sessions held pursuant to this section shall not include
35 final action on the proposed compensation of one or more
36 unrepresented employees.
37 (b) Consistent with subdivision (a) of Section 54954.2, a
38 proposed compensation increase of more than 5 percent for a city
39 manager, deputy city manager, county chief administrative officer,
40 deputy chief administrative officer, or similar employee shall be
98
AB 582 —4 —
1 publicly noticed twice for the following purposes and in the
2 following manner:
3 (1) First, for general notice and nonvoting and discussion
4 purposes.
5 (2) Second, in the event of a vote on the matter, no less than I
6 days after the first notice, if the compensation increase is deemed
7 necessary by the legislative bo Jv of the local agency.
8 For
9 (c) For the purposes enumerated in this section, a legislative
10 body of a local agency may also meet with a state conciliator who
11 has intervened in the proceedings.
12 fb)
13 (d) For the purposes of this section, the term "employee" shall
14 include an officer or an independent contractor who functions as
15 an officer or an employee, but shall not include any elected official.
16 member of a legislative body, or other independent contractors.
17 SEC. 2. If the Commission on State Mandates determines that
18 this act contains costs mandated by the state, reimbursement to
19 local agencies and school districts for those costs shall be made
20 pursuant to Part 7 (commencing with Section 17500) of Division
21 4 of Title 2 of the Government Code.
0
9f
�EastValley
Water District
Board Memorandum No. B -15 -2011
From: Brian W. Tompkins / Chief Financial Officer
Subject: Investment Report for the quarter ended March 31, 2011
Recommendation: Accept and file the attached report
Background:
Unrestricted Investments
Date: April 26, 2011
LAIF
The balance held in LAIF at the beginning of the quarter was $3,025,991. During January, interest
earnings of $3,476 related to the fourth calendar quarter of 2010 were posted to the account, leaving an
ending balance of $3,029,467. There were no transfers to or from the LAIF account during the quarter.
First quarter earnings for 2011 were $3,790 calculated at an apportionment rate of .51 %. This
represents an increase after the rate dipped to .46% last quarter. These earnings were posted to our
account on April 15, 2011.
Citizen's Business Bank Wealth Management
The total (book) value of the assets held with CBB increased $1,288 to $4,087,088 during the quarter
ended 3/31/11. The purchase and sale of securities is shown on the attached supplemental schedule.
Semi - annual interest payments received on securities in the District's portfolio were $13,686, reduced
by accrued interest paid at the time securities were acquired of 1,393. Funds held in money market
accounts earned $245. These earnings were reduced by losses of $9,617 realized when bonds
purchased at a premium, and therefore having a carrying value higher than their face value, matured.
Investment manager fees paid during the quarter were $1,633.
There were no transfers to or from this investment account during the first quarter of 2011.
Restricted Investments
Union Bank
The 2010 Revenue Bond Issue resulted in four new trustee accounts with Union Bank.
Water Acquisition Fund — the Water Acquisition account received $15 million in bond proceeds for use
in the construction of 11 water projects. During the quarter ended March 31, 2011 the District
submitted reimbursement requests totaling $703,931 for project costs related to the UnionNine, Live
Oak, and Bruce /Hillview main replacements.
Water Acquisition Fund (Continued)
Bal 12/31 /10
15, 00EEa
Transfers In
Three pmts from EVWD of $158,227
Payments
703nd_
2 from EVWD
Earn in s
14
Ba 1 3/31 / 11
14 , 296
476,202
Sewer Acquisition Fund — the Sewer Acquisition account received $1 million in bond proceeds for use
in the construction of the Conejo Street sewer main replacement project. During the quarter ended
March 31, 2011 the District submitted one reimbursement request for $263,509 for work on the project.
Bal 12/31/10
1,000,014
Transfers In
0
Three pmts from EVWD of $158,227
Payments
2.63,509
Requisitions 1 from EVWD
Earnings
14
Bal 3/31/11
736,519
476,202
Revenue Fund — this account accumulates monthly installments from the District to be used for semi-
annual debt service payments due April 15t and October 1"
Bal 12/31/10
316,457
Transfers In
474,681
Three pmts from EVWD of $158,227
Payments
3.14,938
Transfer for April 1 interest pmt to bondholders
Earnings
2
Bal 3/31/11
Bal 3/31/11
476,202
Capitalized Interest Fund — this account received
some of the debt service burden from the April 1,
account will be exhausted and closed by 10/1/2011.
$655,721 in bond proceeds to be used to defray
2011 and October 1, 2011 bond payments. The
Bal 12/31/10
655,730
Transfers In
0
Payments
301,294
Transfer for April 1 interest mt to bondholders
Earnings
8
Bal 3/31/11
354,444
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Subject to approval:
EAST VALLEY WATER DISTRICT March 11, 2011
LEGISLATIVE COMMITTEE MEETING
MINUTES
Director Morales called the meeting to order at 8:00 a.m. Director Malmberg led the flag salute.
PRESENT: Directors: Malmberg, Morales
ABSENT: None
STAFF: Robert Martin, General Manager; Justine Hendricksen, Administrative
Manager
LEGAL COUNSEL: None
GUEST (S): Charles Roberts (Highland Community News)
PUBLIC PARTICIPATION
There being no verbal or written comments the public participation section was closed.
REVIEW AND DISCUSSION REGARDING THE STATE LEGISLATION
The committee reviewed and discussed in detail approximately sixty -two bills that have been
introcuced in the Senate and Assembly.
REVIEW AND DICSCUSSION REGARDING THE SANTA ANA SUCKER FISH
CRITICAL HABITAT
The General Manager provided an update to the committee regarding the Santa Ana Sucker
Critical Habitat.
ADJOURN
The meeting was adjourned at 9:12 a.m.
Robert E. Martin, Secretary
Legislative Contmttee Meeting Minutes 03111/11 Iph
San Bernardino Area
Chamber of Commerce
Cordially Invites You to the
Thirty-Fifth Annual
Law Enforcement
Recognition Dinner
Honoring the Outstanding
Law Enforcement Officers of 2010
Thursday, May 12, 2011
5:30 P.M. No -Host Cocktails • 6:00 P.M. Dinner
Table of Eight - $45 per Person
RSVP by May 6th, 2011
fyu04o
San Bernardino Area Chamber of Commerce
presents the Thirty-Fifth Annual
Law Enforcement Recognition Dinner
Thursday, May 12, 2011
$45 per Person • $360 per Table of Eight
Company
Address _
City
Phone
Please List the First and Last Names of All Persons
Attending on the Reverse Side of This Response Card
Please Make Reservations
Check Enclosed for $
We Also Accept ❑Visa or ❑MasterCard
Card No.
For Reservations, Call 909 -885 -7515 RSVP by May 6, 2011