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C09-08 - SAN GORGONIO PASS WATER AGENCY - MAX BENEFIT OBJECTIVESr0c,11-re" MEMORANDUM OF UNDERSTANDING BETWEEN SAN GORGONIO PASS WATER AGENCY and THE CITY OF BEAUMONT RE: MAXIMUM BENEFIT OBJECTIVES The parties to this Memorandum of Understanding ( "MOU ") are San Gorgonio Pass Water Agency ( "Agency" or " SGPWA and the City of Beaumont ( "City ") collectively referred to as "parties" herein. RECITALS A. On January 22, 2004, the California Regional Water Quality Control Board Santa Ana Region ( "Regional Board "), adopted Resolution No. R8- 2004 -0001, amending the Water Quality Control Plan, Santa Ana River Basin, and included revised groundwater sub - basin boundaries, revised TDS and nitrate - nitrogen quality objectives for groundwater, revised TDS and nitrogen waste load allocations, and revised reach designations, TDS, and nitrogen objectives and beneficial uses for specific surface waters ( "Basin Plan Amendment "); B. The Basin Plan Amendment includes the Beaumont Management Zone ( "BMZ ") and establishes two sets of TDS and nitrate - nitrogen objectives for the BMZ; (1) the anti - degradation water quality objectives, and (2) the maximum benefit water quality objectives; C. Under the Basin Plan Amendment affecting the BMZ, the TDS anti - degradation water quality objective is 230 mg/L, the nitrate - nitrogen anti - degradation water quality objective is 1.5 mg /L. The TDS maximum benefit water quality objective is 330 mg /L and the nitrate - nitrogen maximum benefit water quality objective is 5.0 mg/L; D. The City is committed to meeting the maximum benefit water quality objectives, and is presently planning and implementing projects and programs to that end including the purchase of supplemental water from SGPWA from the State Water Project ( "SWP ") and other sources as further set forth herein; E. On January 18, 2008 SGPWA executed an agreement with the Regional Board providing for certain obligations concerning anti- degradation water quality objectives ( "Cooperative Agreement "). After review and in consultation with the City, SGPWA has determined that implementation of the maximum benefit water quality objectives will result in a substantial savings of public funds and avoid the premature implementation of expensive projects and programs, while still protecting and enhancing groundwater quality in the BMZ; F. This MOU is intended to establish SGPWA's desire to participate in the Basin Plan Amendment including the maximum benefit water quality objectives in coordination with the City to assist in the protection and enhancement of groundwater and surface water quality in the BMZ and to provide an adequate supply of high quality drinking water for the residents overlying the BMZ. NOW, THEREFORE, in consideration of the mutual promises herein set forth herein and subject to the continued implementation of the Basin Plan Amendment including the maximum benefit objectives by the Regional Board, the City and SGPWA agree to participate in and operate under the Basin Plan Amendment maximum benefit objectives for TDS and nitrate - nitrogen for the BMZ as follows: 1. Coordinated Implementation of Maximum Benefit Objectives. SGPWA shall meet and confer on a regular basis to identify funding mechanisms and projects which may be jointly implemented to maximize the amount of imported SWP water available each year for recharge, purchase and/or conjunctive use within the BMZ, in such amounts as shall be determined in the sole discretion of SGPWA, and in order to minimize the salt loads in water imported by it into the BMZ, whether such water is obtained from the State Water Project, or from other sources. 2. Miscellaneous Provisions. a. No new priority or right to imported supplemental water is created by this MOU; b. No party shall have a financial obligation to the other party under this MOU; c. This MOU shall be binding upon and shall inure to the benefit of the respective successors and assigns of each party. d. This MOU does not commit any party to this MOU to take any specific action. With respect to any proposed project(s), environmental review in accordance with the California Environmental Quality Act ( "CEQA ") shall be conducted for such proposed project(s), and each party retains its discretion to consider any alternatives, including the "no project" alternative, and mitigation measures as may be required under the CEQA and also retains the discretion to reject any proposed project(s). 2 Date: `1 - 1 � -0"1 By: San Gorgonio Pass Water Agency Name. , Title: Date: `J d By: City of Beaumont G By _. qame: Title: Z: \Users Data\ ggoodreau\ SGPWA \025inagencyfinancing \agmts\Max Benefit Agreement Rev082009 (2).doc STAFFREPORT Agenda Item 4 Pi TO: Mayor and Council Members FROM: Public Works Department DATE: May 19, 2009 SUBJECT: Memorandum of Understanding with San Gorgonio Pass Water Agency and San Timoteo Watershed Management Authority regarding Maximum Beneficial Use of Water Resources Background and Analysis: The proposed Memorandum of Understanding (MOU) would commit the City of Beaumont, San Gorgonio Pass Water Agency (Agency) and San Timoteo Watershed Management Authority (Authority) to jointly plan and cooperatively implement projects which will help the City comply with strict ground water quality standards imposed by the State Regional Water Quality Control Board (Regional Board) as part of the City's permit to operate its wastewater treatment plant. The proposed MOU would also allow the Agency to recharge the Beaumont Management Zone without treating the water first. The Beaumont Management Zone is an area under the jurisdiction of the Regional Board which includes the Beaumont and Singleton Storage Unit groundwater basins and lower Edgar Canyon. The City of Beaumont, by virtue of the ownership and operation of the Beaumont Wastewater Treatment Plant No. 1 is subject to the jurisdiction of the Regional Board which governs the discharge and use of recycled water and water quality in the Beaumont Management Zone. The Agency entered into a Cooperative Agreement with the Regional Board in January, 2008 which obligated the Agency to protect groundwater quality in the Beaumont Management Zone. The City's permit from the Regional Board imposes two sets of water quality standards relating to recycled water, one set is called Anti- degradation and the other Maximum Benefit. The Cooperative Agreement with the Agency allows similar flexibility with respect to the recharge of SWP water into the Beaumont Management Zone. Anti- degradation standards, if imposed by the Regional Board, require the City and Agency to treat recycled water to quality standards measured in 1973 at the time the Clean Water Act mandated adoption of the first Basin Plan by the Regional Board. If imposed, Anti - degradation standards would require the City and Agency to immediately spend tens of millions of dollars to implement advanced treatment such as reverse osmoses and de- nitrification to remove salt and nitrogen from recycled and SWP water before it could be discharged or reused. The cost to sewer ratepayers of Beaumont would be extremely high if the Anti- degradation CITY OF BEAUMONT PROJECT PROGRESS REPORT NOBLE CREEK RECHARGE PROJECT Fund Project Name: Noble Creek Recharge Project Source: Sewer Enterprise Funds Contract May 19, 2009 Contractors: TBD Date: Coast. Budget: TBD Subcontractors: See approved CIP Contractor List A &E Budget: As per approved CIP contractor Project Start Date: February 2009 agreements Report Period: May 2009 Work Completed During Report Period: Prepared MOU, attended meetings with the Regional Board, Pass Agency, Flood Control District, STWMA and BCVWD. Problems or Delays During Report Period: No problems or delays. Change Orders: No change orders. Recommendation(s) for City Council Action: Prepare agreement with Flood Control District and Pass Agency for development of recharge facilities in Noble Creek wash. Report Ap ed by: h Nla�or's Sfignature Date of City Council Approval Beaumont City Council Minutes Beaumont City Council Beaumont Redevek)pment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California City Council Workshop (4:00 p.m.) Close! Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, August 4, 2009 Page 1 of 7 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours" WORKSHOP SESSION (This_is the portion of the agenda where th_e�4council can review documents and receive clarification on item to be heard on current or future agendas) 1) Communications Update a. Web Page b. Public Access 2) Public Safety Radio System (ERICA) Update 3) Brookside Avenue Improvements Items included in the workshop session are for discussion purposes only. No action by the city council is taken at this time. This portion of the agenda is to give input and receive clarification for items on the scheduled agenda or for future agenda's. CLOSED SESSION - No Mportabie action takgnn in closed session. a. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator - City Negotiator as Personnel Director Alan Kapanicas Employee Organizations and Staffing b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator Property Generally Located at: 1. Government Code Section 54956.8 - 650 Magnolia Avenue & 500 Grace Avenue Beaumont City Council Page 2 of 7 C. Pursuant to Government Code Section 54956.9(a) - Anticipated Litigation - Conference with Legal Counsel - Existing Litigation(Govemment Code 54956.9) Outdoor Media Group, Inc. vs. City of Beaumont - Case No. ED CV 03 -01461 RT SGLx 2. Peters vs. City - Case No. RIC 467388 3. Beaumont Citizens for Responsible Growth vs. City of Beaumont - Case No. RIC518058 4. Cherry Valley Acres and Neighbors vs Sunny Cal - Case RIC 480954 d. Potential Litigation -1 case REGULAR SESSION - 6:05 p.m, Invocation: Council Member DeForge Pledge of Allegiance: Council_ Member DeForge Roll were present.Mayor Pro Tern Dressel, Council Member Berg, Council Call: Member DeForge, and Council Member Gall were excused. Presentation_ Recogniton_for Lief guard Anthony Colvin Adjustments to Agenda: None Oral and Written Communication: Darin Woods - Safety Concerns at Brookside and Lemon Street Mr. Sproul - Three Rings Ranch fencing Tim Edmonds - Permits 637 -639 Beaumont Avenue Mr. Gray - Permits for 637 -639 Beaumont Avenue 1. COUNCIL REPORTS (This is the portion of the agenda where the city council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor Fox - excused b) Mayor Pro Tem Dressel - No Update. Not able to attend 1NRCM c) Council Member Berg - Update on Concerts in the Park d) Council Member DeFoW - Update on Sand Trap Ribbon Cutting J CRQ OWina Market Night Pat Benatar Concert in the Park. Beaumont City Council Page 3 of 7 e) Council Member Gall_up—date on Chamber Luncheon Ad Hoc Committee next wok. 2. CITY MANAGER REPORTS a. Community Information Update 1) Mobile Community Substation a. National Night out 814109 5-9 p.m. b. Concerts in the Park 815/09 2) Fire Station Update - Engine 20 b. Local Projects Update 1) Road Construction Update 2) Sustainability Update - Park Water Conservation Update c. Calendar of Events 1) Second and Third Wednesday of Each Month - Story Time Cafa 2) August 1, 2009 - Animal Care Shot Clinic - Community Recreation Center 2) Concerts in the Park a) August 5, 2009 -Wilson Phillips 3) August 15, 2009 lam - 11 am - MDA Yard Sale 7 am to 11 am Beaumont Civic Center Parking Lot. d. Financial Update 1) Sales Tax Update e. What's That and Rumor Control f. Report on Oral and Written Communications (City Manager) 3. CONSENT CALENDAR a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary. Beaumont City Council Page 4 of 7 b. Approval of the Minutes of the City Council Meeting June 30, 2009. c. Approval of the Warrant List for August 4, 2009. d. Authorization to accept open Space Lots for Tract 31521 -5, Lots 107 -115 within Centex Homes, The Hills at Seneca Springs subdivision e. Denial of Claim - R3 Contractors, Inc. f. Denial of Claim - Shalena Burman. g. Acceptance of the Resignation from Planning Commission Alan Griffiths, and Ordering of Recruitment for Replacement h. Approval of Orange Avenue Street Closure between 6th Street and 7th Street, from Sam to 4 pm on October 10, 2009 for the Business Expo held by the Chamber of Commerce. i Denial of Request for Fee Waiver for Conditional Use Permit 09- CUP -08 for Living Canvas Tattoo. Applicant: Tim Martinez - 6th Street and Palm Avenue j. Approval of a One Year Extension of Time on Tentative Tract Map No. 32850 (West Manzanita Park Road, South of Potrero Blvd.) The map will expire July 19, 2012. Applicant: Thatcher Engineering & Associates, Inc. k. Approval for Fee Waiver for Conditional Use Permit No. 09 -CUP -07 for "Shop Local Owned Business at Market Night". Applicant: Beaumont Chamber of Commerce. I. Rescind Resolution No. 2008 -06 and 2008-07, and Ordinance No. 924 and 925 - Legacy Highlands Specific Plan and Annexation - Vacation of Prior City Council Actions m. Adoption of Resolution No. 2009 -28 - A Resolution of the City Council of the City of Beaumont Approving and Adopting the Establishment of a Charter Membership of the Collaborative Agency Committee n. Approval of Negative Declaration No. 09 -ND-06 - San Timoteo Management Zone Monitoring Network Development and Mitigation Program. o. Approval of Agreement with Beaumont Cherry Valley Recreation and Parks District to Expend Funds for Noble Creek Parking Lot Improvements along Oak Valley Parkway And Authorize the Mayor to Execute the Agrement and Project Progress Report subject to the City Attorney to make non - substantive changes. p. Approval of Change Order to Oak Valley West Street Improvement Project and Authorize the Mayor to Execute the Change Order subject to the City Attorney to make non - substantive changes. Beaumont City Council Page 5 of 7 q Progress Report subject Order ect to the City CAttorney tom a non-substantive changes. Project changes. r. Award Change Order for Oak Valley Parkway East and Approve the Project Progress Report subject to the City Attorney to make non - substantive changes. Recommendation: Approval of the Consent Calendar as presented. Pull Item 3.1- Separate Vote Motion by Council Member DeForge, Seconded by Council Member Berg to continue item 3.n to the regular meeting of September 1, 2009, pull item 3.1 for separate vote, and to approve the remainder of the consent calendar as presented. Vote: 510 Motion by Council Member Berg, Seconded by Council Member DeForge to approve item 3.1 as presented. Vote 311 (Council Member Gall voted no Speaker: Bruce Cash - Request that City Council pull item 3.n from the Consent Calendar and asked that the Council continue for thrity days to allow time for review of douments. Motion by Council Member DeForge, Seconded by Council Member Berg to Approve the Consent Calendar with the Continuance of item 3.n to the regular Council Meeting of September 1, 2009 at 6:00 P.M. and pull item 3.1 for discussion. Vote: 410 Motion by Council Member Berg, Seconded by Council Member DeForge to to approve item 3.1 as presented. Vote: 3/1 (Council Member Gall voted no) 4. ACTION ITEMS/PUBUC HEARING/REQUESTS a. Ordinance Amending Title of the. Beaumont Municipal Code Ordinance No. 953 - An Ordinance of the City CQ�l�cil Of�i GPI of Beaumont California Amending Title 10 of the Beaumont Municipal Code Entitled "Vehicles and Traffic" Resolution No. 2009-26 -_ A Resolutio it�t n of the C Council of the Citv of Beaumont Repealing Resolution No 1972 -17 Regarding Regulations Goveming the Flow of Traffic Recommendation: Resume Public Hearing (opened June 30, 2009) and Approve the 1st reading of Ordinance No. 953, and Adopt Resolution No. 2009 -26 as presented. Staff report was given Cpl. Ellsworth Closed Public Hearing 7:03 p.m. Motion by Council Member Berg, Seconded by Council Member DeForge to Beaumont City Council Page 6 of 7 approve the 1st Reading of Ordinance No. 953 and adopt Resolution No. 2009 -26 with amendments to the definition of utility trailer. Vote. 4/0 b. Facade Improvemorlt Prc rrm $ Downtown_Des_jg_n_ Guidelines Recommendation: Hold a Public Hearing; Adopt and Approve the Beaumont Redevelopment Agency Facade Improvement Program; and Approve the Downtown Design Guidelines as presented. Staff report was gven by Chris Tracy, Staff Planner Open Pubic Hearing 7:10 P. M. George Conner - 813 Elm Avenue - Question regarding the program Closed Public Hearing 7:16 p. m. Motion by Council Member Berg, Seconded by Council Member DeForge to Approve and Adopt the Beaumont Redevelopment Agency Facade Improvement Program; and Approve the Downtown Design Guidelines as presented. 4/0 c. Re quest. to review General Plan and Zoning�gnations for Property Located south of F� Widest of Olive Street East of Elm Avenue and North of Second $ __ R b_Y Local Propefir Owners Recommendation: Review and Direct Staff as recommended in the Staff report Staff report was given by Ernie Egger, Planning Director Open Public Hearing 7:10 p.m. Debbie Snow - In Favor Closed Public Hearing 7:10 p.m. Motion by Council Member Berg, Seconded by Council Gall to direct staff to prepare the necessary notification and analysis to conduct public hearings before the Planning Commission and City Council to consider changes tot he General Plan Land Use Map and the Zoning Map, a s a Citiy initiated matter with no fees to the property owners. 4/0 d. Water Supply Assessment for Legacy_Highlands Pro pct & CEQA Compliance Recommendation: Approve the Wildermuth Environmental, Inc. (8� Agreement nt and Task Order relative to the preparation of Water Supply report and Authorize the Mayor to Execute the Agreement, Task Order and WSA report subject to the authority of the City Attorney to make Non - substantive changes. Beaumont City Council Page 7 of 7 Staff report was given by Joe Aklufi, City Attorney Motion by Council Member Berg, Seconded by Council Member DeForge to Approve the Wiiklermuth Environmental Inc. Agreement and Task Order relative to the preparation of Water Supply Assessment report and Authorize the Mayor to Execute the Agreement, Task Order, and WSA Report subject to the City Attorney to make non substantive changes. 311 (Council Member Gall voted no) e. Amendment to the Joint Powers Agreement of the Westhm Riverside Council of Governments to Add Water Districts to the WRCOG Governing Board Recommendation: Approve as presented. Motion by Council Member Berg, Seconded by Council Member DeForge to approve the Agreement as presented. Vote: 4/0 f. Civic Center. Expansion Project Negative Declaration & Site Acquisition Review Recommendation: Approve the Initial Study/Negative Declaration and proceed with project's acquisition and implementation. Staff report was given by Ernest Egger, Director of Planning. Motion by Council Member DeForge, Seconded by Council Member Berg to approve the Initial Study /Negative Declaration and proceed with project's acquisition and implementation. Vote: 4/0 A_joumment of the Cites Council Meeting at 7 :43 p.m. R ly bmitt , an Kap picas City Man Any Person with a disability who requires accommodations in order to participate in this meeting should telephone Shelby Hanvey at 951- 769 -8520 ext. 323, at least 48 hours prior to the meeting in order to make a request for a disability- related modification or accommodation Shelby Hanvey From: Shelby Hanvey Sent: Thursday, August 06, 2009 11:48 AM To: 'ulcdave @aol.com' Subject: RE: Max Benefit Agreement Whom Ji the agreement? From: ulcdave @aol.com [mailto:uicdave @ aol.com] Sent: Thursday, August 06, 2009 11:13 AM To: rbehrens @mkblawyers.com Cc: aandwiaw @aol.com; Shelby Hanvey Subject: Max Benefit Agreement Dear Russ: I spoke with Joe Aklufi this morning about getting the agreement signed by the city. The agreement has been approved as either a two party or a three party agreement because we weren't sure if STWMA would approve it. Once that issue is decided, Shelby Hanvey at the City will have it signed by the mayor. I have attached her e -mail so that you can send a signature copy to her. Thanks very much. Dave Dillon STAFF REPORT To: Mayor and City Council Members From: Planning Department Date: August 4, 2009 Agenda Item ` OL/<" Subject: Water Supply Assessment for the Legacy Highlands Project & CEQA Compliance Background and Analysis: The proposed Agreement and Task Order would authorize Wildermuth Environmental, Inc (WEI) to prepare a Water Supply Assessment (WSA) for the Legacy Highlands Project. The subject Project is located in an undeveloped area of the City south of First Street. The WSA document will be used to assess and summarize the water supply impacts associated with this development in compliance with California Environmental Quality Act (CEQA). By approving this Agreement, the City will authorize WEI to prepare the WSA for the amount of $30,000. The project proponents will arrange to pay the City for the WSA preparation and review. Recommendation: Staff recommends the City Council APPROVE the WEI Agreement and Task Order relative to the preparation of the WSA report and AUTHORIZATION of the Major to execute the Agreement, Task Order and WSA report subject to the authority of the City Attorney to make non - substantive changes. Respectfully 5ubmitted, Ernest A. Egger, AICP, REA Director of Planning Staff Report Legacy Highlands WSA Agreement Page 2 CITY OF BEAUMONT PROJECT PROGRESS REPORT ENVIRONMENTAL REVIEW PROCESS Source of Project Proponents of the Legacy Project Name: Legacy Highlands Water Supply Funds: Highlands Project Assessment & CEQA Compliance Contract TBD I Professional Services Subcontractors: Wilde rmuth Date: Environmental, Inc. Contract Budget: $30,000 Project Start Date: August 2009 Report Period: FY 2009/2010 Work Completed During Report Period: Complete a Water Supply Assessment (WSA) for the southern Beaumont area and prepare WSA Report for the Legacy Highlands Project for CEQA compliance. Problems or Delays During Report Period: No delays in reporting period. Change Orders: No Change Orders Recommendation(s) for City Council Action: Approve and authorize Wildermuth Environmental, Inc. (consultant) to prepare a Water Supply Assessment for the Legacy Highlands Project. Approved and authori d by: Mayor Signature Date of City Council Approval Staff Report Legacy Highlands WSA Agreement Page 3 WILDERMUTH- C ;4 %, i Fi ;-' N M L N � A L I N C . J.'dY 14. Citv of Beaumont ATte=ion: David DiMin Dire-c-or of Economic Development 4;0 East 6:h Sleet Beaumont. CA u2223 Subject: Proposal for as needed professional services regarding the water resources plan for the proposed Legacy Highlands Project Dear ",li. DilliOn: Per Your request- 'N'llder =rth Emu= ental. lac. ,,WEI,) is subrni"nag this proposal to assist the City in the preparation of a Water Supply AsFiessment tWSA) and provide related as-needed Support for California Environmental Quality Act ( CEQA) processing of -he proposed pro;ect. ?nor to preparing this proposal. I ievm• ed the Supenor Cc= decision in Chem" Vallin• .acres mid Neighbors is Cu"y gf 3eau?nonteraL. filed on the 3" of Febraar,,, 3 2009, and 'he planning dociunents -.elatedto leprc-ect- Scope of Work There are three fundamental asks to be accomplished- First, a WSA will be prepared that meets dhe equiremeuts of S36" 1� and i s c.-nqistent with the Beaumont Cherry Valiev Water District's Urban "Na'er ' Ejanagaernejat Platt, the Cirv-s upconung water resources plan. and the c mrent status of the State Water Pro-lec-1. iv prepare a draft WSA and submit it to the City for review and comment. We will inco-oorate •he Ci-�`s con=ents and fimiizze :he WSA. Second. as requested by the City we vk-M ark ,7th the CE QA consultants to ensure the', have adequately described -liewater resources related impacts of the ?reject and assist them in completing the CE6A do'cmnen:aticn. FinaUv, as requested b-., the Citv, n-le vall, assist City itaff in presen=z the 'N'SA and CEQA dc,-=ents to 14 pubhc and responding to public comments. Fee Bjs?d on our reviorx of existing docuraeum v. e believe 'hat we can complete the WSA as described ,*ave for a'lou- S-30.000. :Le propose to 1, this --n a tmie and matenals basis (schedule attached). We will not exceed this anic'unt'aithour pri--r ajjtLcr-,zatizn. AL other work, -,i,-t:l be done on an as requested and billed based on time and materials. We are v�adv start immediately if vojjwr;h to uwour fnui fur this il,-,L3rk-. We appreciate the opporlinity to ser -e a to crtv in this important and tintre t Pursuit Please call nie if vOtt have .my questiom or treed Wildermuth Environmental, Inc. jV1 U/— pj)"�4cizpv<'j Mark J. 'Xilderrauth- PE PS esident IL ENVIRONMENT AL INN, July 14, 2009 City of Beaumont Attention: David Dillon Director of Economic Development 550 East 6th Street Beaumont, CA 92223 Subject: Proposal for as needed professional services regarding the water resources plan for the proposed Legacy Highlands Project Dear Mr. Dillon: Per your request, Wildermuth Environmental, Inc. (WEI) is submitting this proposal to assist the City in the preparation of a Water Supply Assessment (WSA) and provide related as- needed support for California Environmental Quality Act (CEQA) processing of the proposed project. Prior to preparing this proposal, I reviewed the Superior Court decision in Cherry Valley Acres and Neighbors vs City of Beaumont et al., filed on the 3rd of February 3 2009, and the planning documents related to the project. Scope of Work There are three fundamental tasks to be accomplished. First, a WSA will be prepared that meets the requirements of SB610 and is consistent with the Beaumont Cherry Valley Water District's Urban Water Management Plan, the City's upcoming water resources plan, and the current status of the State Water Project. We will prepare a draft WSA and submit it to the City for review and comment. We will incorporate the City's comments and finalize the WSA. Second, as requested by the City, we will work with the CEQA consultants to ensure they have adequately described the water resources related impacts of the Project and assist them in completing the CEQA documentation. Finally, as requested by the City, we will assist City staff in presenting the WSA and CEQA documents to the public and responding to public comments. Fee Based on our review of existing documents, we believe that we can complete the WSA as described above for about $30,000. We propose to do this on a time and materials basis (schedule attached). We will not exceed this amount without prior authorization. All other work will be done on an as requested basis and billed based on time and materials. .:': irtche " r^ ve, L`oke }°C::res CA 92,63 Fe's 949 '29, .3n'30 Fax; -,?49,420,40 .0 'a, wl,,v, ilder i'fl.1thenviroE1Ct ental.com Mr. David Dillon July 14, 2009 Re: Proposal for as needed professional services... proposed Legacy Highlands Page 2 of 2 We are ready start immediately if you wish to use our firm for this work. We appreciate the opportunity to serve the City in this important and timely pursuit. Please call me if you have any questions or need further assistance. Very truly yours, Wildermuth Environmental, Inc. Mark J. Wildermuth, PE President Shelby Hanvey From: aandwlaw @aol.com Sent: Thursday, September 17, 2009 8:53 AM To: Shelby Hanvey; ULCdave @aol.com Cc: mwildermuth @wildermuthenvironmental.com Subject: Re: Agreement with San Gorgonio Pass Water Agency The Pass - signed version is the correct one ... we took alot out due to political and legal concerns - - - -- Original Message---- - From: Shelby Hanvey <shanvey @ci.beaumont.ca.us> To: AandWLaw @aol.com Sent: Thu, Sep 17, 2009 8:41 am Subject: Agreement with San Gorgonio Pass Water Agency Joe attached is an agreement between the City, San Gorgonio Pass Water Agency, and STWMA that went before City Council for consideration back in May. We just received the signed agreement from San Gorgonio Pass Water agency but there have been changes made to the agreement from when it originally went to Council. I have corresponded with Dave Dillon in regards to this and he stated that the agreement changes with the aspect that STWMA is not a parry to the agreement. The first 3 pages are what went to Council and the last 2 pages are what was actually signed and returned (there was also the signature page that I did not scan) . I would just like to confirm that the changes are acceptable. From what I can see it is more than just removing STWMA as a third party. But I am not the City Attorney and I am not that familiar with the situation. Please advise and let me know how to finalize. Thanks Shelby Hanvey To: aandwlaw @aol.com Subject: RE: WRCOG service? / JPA doc From: aandwlaw @aol.com [mailto:aandwlaw @aol.com] Sent: Wednesday, September 16, 2009 3:33 PM To: Shelby Hanvey Cc: Alan Kapanicas; andersonjim @earthlink.net Subject: Fwd: WRCOG service? / JPA doc Shelby: Please review this email and see if you can respond to the several questions ... if you don't have the original JPA we signed I may have ... Joe A - - - -- Original Message---- - From: waltmcn @aol.com To: AandWLaw @aol.com; andersonjim @earthlink.net; akapanicas@ci.beaumont.ca.us Sent: Wed, Sep 16, 2009 3:18 pm Subject: WRCOG service? / JPA doc I have the writ petition filed by WRCOG, but I am wondering if it has actually been served on the City yet? Also, when you have a chance, I would like to get a copy of the WRCOG JPA agreement that the City signed up for (some years ago), and also its current form (I believe that the process is underway to add Eastern and Western MWD to the JPA). Thanks. >>> WALT MCNEILL CONFIDENTIALITY NOTICE: This communication and any accompanying document(s) are privileged and confidential, and are intended for the sole use of the addressee(s). If you have received this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon it is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attomey - client privilege as to this communication or otherwise. If you have received this communication in error, please contact us at waltmcnOaol.com or by telephone at (530) 222 -8992. Thank you. McNeill Law Offices 280 Hemsted Drive, Suite E Redding, CA 96002 telephone -> (530) 222 -8992 FAX -> (530) 222 -8892 E -mail -> waltmcnaaol.com cell phone -> (530) 945 -3727 ---------------------------- ----------------------------