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Agenda Packet - EVWD Board of Directors - 06/12/2007
EastValley Water District 3654 HIGHLAND AVE., SUITE 412, HIGHLAND, CA REGULAR BOARD MEETING June 12, 2007 2:00 P.M. AGENDA "In order to comply with legal requirements for posting of agenda, only those items filed with the District Secretary by 10:00 a.m. on Wednesday prior to the following Tuesday meeting not requiring departmental investigation, will be considered by the Board of Directors ". -----••--------------------------------------------------------------- CALL TO ORDER PLEDGE OF ALLEGIANCE ------------------------------------------------ ---- ---- ----- --- -- ---- Public Comments 2. Approval of Agenda CONSENT CALENDAR 3. Approval of Board Meeting Minutes for May 22, 2007 4. Approval of Development Agreement between East Valley Water District and Victoria Development Company to develop certain real property within the boundaries of the District which is located at the3 southwest corner of Highland Avenue and Boulder Avenue in the City of Highland, County of San Bernardino, State of California 5. Accounts Payable Disbursements: Accounts Payable Checks 210733 through 210937 were distributed May 17, 2007 thorough June 6, 2007 in the amount of $1,122,148.80. Payroll Checks for period ended May 25, 2007 included checks and direct deposits, in the amount of $127,252.20. Total Disbursements for the period were $1,249,401.00 OLD BUSINESS 6. Headquarters Project Review and Update Discussion and possible action regarding the District's bottled water policy and program 8. Discussion and possible action regarding a table sponsorship at the San Bernardino County Water Conference 9. Discussion and possible action regarding Notice of Annual Meeting and Election of Directors for the Western Coalition of Arid States (WESTCAS) 10. Discussion and possible action regarding request from the Riverside National Cemetery for 100 cases of bottled water 11. Discussion and possible action regarding proposed amendments to the Special District Risk Management Authority Joint Powers Agreement NEW BUSINESS 12. Discussion and possible action regarding Plant 134 Membrane Pilot Study Report submitted by CDM 13. Discussion and possible action regarding East Valley Water District 2006 Water Quality Report 14. Discussion and possible action regarding the Public Outreach and Legislative Committee Structures (Combining Committees) 15. Discussion and possible action regarding the State Water Project Shutdown 16. Review of 2007/2008 Worker's Compensation Insurance Proposals 17. Directors' fees and expenses for May 2007 REPORTS 18. General Manager / Staff Reports 19. Consultant Reports 20. Committee Reports • Yucaipa Ordinance Review (AD -HOC) • Real Estate (STANDING) • Public Outreach (STANDING) — June 4, 2007 Meeting • MOU/Labor Negotiations (AD -Hoc) • Headquarters Project (AD -HOC) — May 29, 2007 Meeting • Legislative (STANDING) • Purchasing Procedures (AD -Hoc) Exempt Personnel (AD -HOC) • Board Policy Update (AD -HOC) Insurance Committee (AD -Hoc) 21. Oral comments from Board of Directors CORRESPONDENCE 22. Letter from Francoise Aylmer, M.A., CFRE (Associate Vice - President CSUSB) regarding the Jim Roddy Scholarship Endowment 23. Letter to Kathleen Rollins - McDonald (LAFCO) from Le Hayes, General Manager for the Baker Community Services District 24. Correspondence from Lauren K. Allen regarding Delinquent/Shut -off Notices 2 MEETINGS 25. Association of the San Bernardino County Special Districts membership meeting, hosted by the San Bernardino Valley Municipal Water District, L'Orange Room — Orange Show, San Bernardino, June 18, 2007 26. WESTCAS' Winter Conference, Hyatt Islandia Hotel, San Diego, June 20-22,2007 27. Delta Vision Workshop, Fresno Convention and Entertainment Center, July 27, 2007 CLOSED SESSION 28. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.81 Property: Party with whom District will negotiate: Party who will be negotiating on behalf of the District: Under Negotiation: 22 +/- Acres of Vacant Land North of Third Street, East of Sterling Ave., South of 5d' Street San Bernardino County, State of California APN(s): 1192-241-01,1192-231-01 Barbara E. McDaniel Robert E. Martin / Jim Cimino Price and Terms of Payment 29. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Government Code Section 54956.8] Property: Party with whom District will negotiate: Party who will be negotiating on behalf of the District: Under Negotiation: 1/3 +/- Acre of Vacant Land Northeast corner of 3`d & Palm San Bernardino County, State of California APN(s) : 1201-311-39-0000, 1201- 311 -38 -0000 Harold W. Anderson Billie D. Anderson Robert Martin/Jim Cimino Price and Terms of Payment 30. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION [Government Code Section 54956.9(a)] Name of Case: GERRI DANIELS - SLAUGHTER v. JOSE I. CASTILLO, et al.,_ San Bernardino County Superior Court Case No. MCV 07993 31. CONFERENCE WITH LABOR NEGOTIATOR [Government Code Section 54957.6(a)] District Negotiator: General Manager Employee Organization: S.B.P.E.A. ANNOUNCEMENT OF CLOSED SESSION ACTIONS ADJOURN ------------------------------------------------------------------------ Pursuant to Government Code Section 54954.2(a), any request for a disability- related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above - agendized public meeting should be directed to the District's Administrative Manager at (909) 885 -4900 at least 72 hours prior to said meeting. -----•------------------------------------- ----- ----- -- ----------- - - -- -- 0 Subject to approval EAST VALLEY WATER DISTRICT May 22, 2007 REGULAR BOARD MEETING MINUTES President Sturgeon called the meeting to order at 2:02 p.m. Sergeant Major Guenther Griebau led the flag salute. PRESENT: Directors: Goodin, Le Vesque, Sturgeon, Wilson ABSENT: Director: Negrete STAFF: Ron Buchwald, District Engineer; Brian Tompkins, Chief Financial Officer; Justine Hendricksen, Administrative Manager LEGAL COUNSEL: Steve Kennedy GUEST(s): Ronald Coats, Jo McAndrews (Mc Andrews & Boyd), Jim Cimino (Cimino Realty), Sergeant Major Guenther Griebau, Charles Roberts (Highland Community News) PUBLIC PARTICIPATION President Sturgeon declared the public participation section of the meeting open at 2:02 p.m. Sergeant Major Griebau voiced his concern regarding the Board's decision to deny his bottled water request for the Riverside Cemetery. He stated that the Cemetery has no boundaries and would like the Board to reconsider his request. Director Wilson suggested that Mr. Griebau contact water agencies in the Riverside area for bottled water donations. President Sturgeon requested that this item be brought back to the Board for reconsideration at the next Board Meeting on June 12, 2007. There being no further written or verbal comments, the public participation section was closed. APPROVAL OF AGENDA M/S /C (Goodin -Le Vesque) that the May 22, 2007 agenda be approved as submitted. Minutes: 05/22/07 0 DISBURSEMENTS M/S /C (Wilson- Goodin) that General Fund Disbursements #210566 through 210732 distributed during the period of May 8, 2007 through May 16, 2007 in the amount of $510,185.89 and Payroll Fund Disbursements for the period ended April 30, 2007 and May 11, 2007 in the amount of $3,279.88 and $128,924.45 totaling $642,390.22 be approved. APPROVAL OF MAY 8, 2007 BOARD MEETING MINUTES M/S /C (Wilson- Goodin) that the May 8, 2007 Board Meeting Minutes be approved as submitted. APPROVAL OF MAY 14, 2007 SPECIAL BOARD MEETING MINUTES M /S /C (Wilson - Goodin) that the May 14, 2007 Special Board Meeting Minutes be approved as submitted. HEADQUARTERS PROJECT REVIEW AND UPDATE No report at this time. DISCUSSION AND POSSIBLE ACTION REGARDING BOTTLED WATER DONATION REQUEST FROM ROBERT KINTNER (JUNIOR UNIVERSITY) Director Goodin stated that the District has a new policy regarding bottled water donations; that the District has supported Junior University in the past and sees no valid reason to deny the request. M/S /C (Goodin - Wilson) that the bottled water donation request form Robert Kintner (Junior University) be approved based on availability. DIRECTOR WILSON VOTED YES DIRECTOR GOODIN VOTED YES DIRECTOR LE VESQUE VOTED YES DIRECTOR STURGEON VOTED NO DISCUSSION AND POSSIBLE ACTION REGARDING THE DISTRICT'S PARTICIPATION IN THE HIGHLAND CHAMBER OF COMMERCE 4TH OF JULY PARADE President Sturgeon asked if the Public Outreach Committee had reviewed this item. M/S /C (Wilson - Goodin) that the District participate in the Highland Chamber of Commerce's 4th of July Parade. 2 Minutes: 05/22/07 REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR THE PERIOD ENDED APRIL 30, 2007 Mr. Tompkins reviewed the Financial Statements with the Board. M/S /C (Wilson -Le Vesque) that the Financial Statements for the period ended April 30, 2007 be accepted. DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSED AMENDMENTS TO THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT Director Le Vesque made a motion to approve the amendments to the Special District Risk Management Authority Joint Powers Agreement. Director Wilson suggested that this item be referred to the Insurance Committee for review. Director Le Vesque rescinded his motion. This item has been referred to the Insurance Committee for further review and recommendations. PUBLIC HEARING President Sturgeon declared the Public Hearing open at 2:29 p.m. President Sturgeon declared the public participation section of the meeting open at 2:29 p.m. There being no written or verbal comments, the public participation section was closed. President Sturgeon declared the Public Hearing closed at 2:30 p.m. DISCUSSION AND POSSIBLE ACTION REGARDING ORDINANCE NO. 2007.12 — ORDINANCE OF THE EAST VALLEY WATER DISTRICT SETTING COMPENSATION FOR THE BOARD OF DIRECTORS Director Wilson suggested that the City of San Bernardino Water Department and the City of Colton not be used in the survey results. Director Wilson also stated that he had contacted Eastern Municipal Water District and Mojave Water District for their Director's compensation fees. M/S (Goodin - Wilson) that Ordinance No. 2007.12 be approved. DIRECTOR GOODIN VOTED YES DIRECTOR WILSON VOTED YES DIRECTOR STURGEON VOTED NO DIRECTOR LE VESQUE VOTED NO Minutes: 05/22/07 The motion did not carry. GENERAL MANAGER / STAFF REPORTS Ms. Hendricksen stated that a Santa Ana River and Facilities tour has been scheduled for June 8, 2007. Information Only. CONSULTANTS REPORTS Ms Mc Andrews reported that the Solar Cup Boat Races were held at Lake Skinner on May 18 -20, 2007. Ms Mc Andrews stated that San Gorgonio High School did not qualify for Saturday's competition but the students had a wonderful time and that the teachers and parents were very proud of all the hard work accomplished and look forward to next year's event. President Sturgeon offered his appreciation to Ms Mc Andrews for her organization a�- efforts throughout the Solar Cup event. COMMITTEE REPORTS • Yucaipa Ordinance Review - No report • Real Estate - No report • Public Outreach - No report • MOU/Labor Negotiations - No report • Headquarters Project - No report • Legislative - No report • Insurance Renewal - No report • Purchasing Procedures - No report • Exempt Personnel - No report • Board Policy Update - No report • Tribal Negotiations - No report Director Wilson stated that he and Director Le Vesque attended the Water Resources Institute5Presidential Luncheon and Award Ceremony. Director Wilson accepted an award on behalf of East Valley Water District at the ceremony. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Le Vesque reported that he had met with a representative from the San Manuel Band of Mission Indians and that the Tribe would like to improve communications with East Valley Water District. There being no further verbal or written comments from the Directors, this section of the meeting was closed. 4 Minutes: 05/22/07 WATER EDUCATION FOUNDATION BAY -DELTA TOUR, SACRAMENTO INTERNATIONAL AIRPORT, JUNE 6 -8, 2007. Information only. CITY OF HIGHLAND CHAMBER BREAKFAST, SAN MANUEL INDIAN BINGO & CASINO, JUNE 12, 2007. Information only. THE WESTERN COALITION OF ARID STATES' (WESTCAS) SUMMER CONFERENCE, HYATT ISLANDIA HOTEL, SAN DIEGO, JUNE 20 -22, 2007. The Board requested that this item be placed on the next agenda. INLAND COUNTIES WATER ASSOCIATION 5TH ANNUAL GOLF TOURNAMENT, SIERRA LAKES GOLF CLUB, FONTANA, JULY 6, 2007. Information only. THE BOARD TOOK A FIVE - MINUTE BREAK AT 2:47 P.M. THE BOARD RETURNED TO REGULAR SESSION AT 2:58 P.M. CLOSED SESSION The Board entered into Closed Session at 2:59 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss the items listed on the Agenda. DIRECTOR GOODIN LEFT AT 3:48 P.M. ADJOURN TO REGULAR SESSION President Sturgeon declared that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS a The Board returned to session at 4:04 p.m. The items listed on the Agenda were discussed in closed session with no reportable action being taken. ADJOURN The meeting was adjourned at 4:04 p.m. until the next regularly scheduled Board Meeting on June 12, 2007. Robert E. Martin, Secretary Kip E. Sturgeon, President Minutes: 05/22/07 DEVELOPMENT AGREEMENT THIS AGREEMENT Is made this _ day of June, 2007 by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter the "DISTRICT "), and VICTORIA DEVELOPMENT COMPANY, a California limited partnership (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 develop certain boundaries of the DISTRICT which is located at the southwest�c and BoulderAvenue in the City of Highland, County of Sa,„ and is more particularly described in the documentfy incorporated herein by this reference (herein4g,,r the `bPEl C. The DEVELOPER center in the manner set fo n� incorporated herein by this ; provide domestic w te,P d to design and co� , y f" to the PROPER D. jurisdictional the PROPEF Yerty within the ighland Avenue ate of California, Exhibit "A" and as a commercial Exhibit "B" and at the DISTRICT ELOPER intends sewer service to be furnished water and sewer service within its .red by law to provide such services to E. T 16p�Dlilvl °-" b "se of this AGREEMENT is to provide the terms and conditions U ,. under which the ,; 1=LOPER will design and construct the facilities necessary for the DISTRICT to s wat er 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: Section 1. DESIGN OF FACILITIES. The DEVELOPER shall design the water and sewerfacilities forthe PROPERTY in the following manner and according to the Rules and Regulations of the DISTRICT: a. The DISTRICT shall provide to the DEVELOPER tentative water and sewer plans which conform, to the requirements of the DISTRICT. b. The DEVELOPER shall design the water and sewer facilities forthe PROPERTY in accordance with the DISTRICT's Standards for Design and Processing of Water and Sewer 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 approval by the DISTRICT in the exercise of its reasonable discretion. C. The DISTRICT may request certain changes in the plans to provide for oversizing of facilities, which the DEVELOPER shall incorporate into the plans and specifications for the PROPERTY. d. The DEVELOPER shall repair any and all water and /or sewer facilities to be installed and /or used for the PROJECT. e. The DEVELOPER shall submit all plans, drawings, specifications, and contract documents, for all work to be performed pursuant to this AGREEMENT, to the DISTRICT for review and approval, if reasonably 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 reasonably satisfactory to the DISTRICT, the DISTRICT will provide the DEVELOPER with authorization to proceed. The DEVELOPER shall not proceed with the construction of the PROJECT and any otherwater or sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. CONSTRUCTION OF FACILITIES. The DEVELOPER shall construct the PROJECT and all other water and sewer facilities necessary for the PROPERTY in the following manner subject to the DISTRICT's approval: a. The DEVELOPER shall obtain all necessary permits from all public and private agencies required for the construction of the PROJECT. The PROJECT and the facilities appurtenant thereto shall be constructed in accordance with the plans approved pursuant to Section 1(e) of this AGREEMENT at a location determined in accordance with such plans. 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 necessaryto perform the work for the PROJECT, and such work shall be performed in a timely and workmanlike manner by a party or entity 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. C. The DISTRICT shall inspect and approve all work to be performed underthis 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 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 and sewer service therefor. The DISTRICT shall provide water and sewer service only to those specific subdivision lots within the PROPERTY for which payment in full has been made to the DISTRICT. b. The DEVELOPER shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation of the PROJECT, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design of the PROJECT. C. The DEVELOPER shall comply with all generally applicable rules, regulations, resolutions, and ordinances of the DISTRICT that are currently in place or may hereafter be duly adopted, and shall pay when due any and all fees, deposits, charges, rates, fines, penalties, taxes, and /or assessments that may be duly levied by the DISTRICT. d. Unless prohibited by applicable law, 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. Prior to commencement of construction of the PROJECT, 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. b. Prior to commencement of construction of the PROJECT, 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 tothe. 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 bythe DISTRICT in its reasonable discretion to protect the DISTRICT from any and all exposure to loss and/or liability. Notwithstanding anything to the contrary contained herein, the DEVELOPER may provide any required insurance under its blanket and /or umbrella policies as long as the above requirements are satisfied. Section 5. COSTS FOR OVERSIZING. Pursuant to Section 1.c. of this AGREEMENT, the DISTRICT shall pay to the DEVELOPER the incremental cost of oversizing any PROJECT facilities greater than twelve inches (12 ") in diameter for water distribution pipelines and ten inches (10 ") in diameter for sewage collection pipes. The DISTRICT shall determine the amount of the incremental cost of oversizing and the method of payment in the exercise of its reasonable discretion priorto its acceptance ofthe PROJECT facilities. Section 6. DEDICATION OF CERTAIN FACILITIES. a. The DEVELOPER shall, upon completion of the construction of the facilities as shown on Exhibit "C" attached hereto and by this reference made a part hereof, dedicate such facilities to the DISTRICT by a deed of dedication in substantially the form as shown on Exhibit "D" attached hereto and by this reference made a part hereof. The DISTRICT shall accept the dedication of such facilities by formal action of its Board of Directors. Upon the dedication of such facilities, such facilities shall become and be operated and maintained bythe DISTRICT as part of the DISTRICT'S sewer system. The DISTRICT shall not accept dedication of such sewer facilities until all connection fess have been paid unless otherwise allowed under Section 3.a. hereof. All other facilities constructed by the DEVELOPER shall remain the property of the DEVELOPER and shall not be dedicated to the DISTRICT. Such non - dedicated facilities shall be operated and maintained bythe DEVELOPER and shall be supplied services from the DISTRICT as part of the DISTRICT's water and sswer system. b. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY for the limited 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. INTENTIONALLY OMITTED. Section 8. SERVICE RESTRICTIONS. Any obligation on the 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, labor disturbances not involving DISTRICT employees and other catastrophic events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other provision to the contrary, the DISTRICT may, after reasonable prior written notice to, with a reasonable opportunity to cure by, the DEVELOPER, suspend or refuse water service to the PROPERTY if the DEVELOPER is in material 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 duly adopted, or if such service would materially adversely affect the health, safety, or welfare of the DISTRICT's customers, or for any other reason deemed paramount by the DISTRICT in its reasonable discretion. Section 9. NO REPRESENTATIONS WARRANI Its UK ULAINI Ut- VVA I tK RIGHTS. Subject to any and all contractual, statutory or other legal obligations that the DISTRICT may have to the DEVELOPER, the DISTRICT makes no express or implied representations orwarranties concerning the quality, pressure, ortemperature of anywater delivered pursuant to the terms of this AGREEMENT, orthe manner in which the water is provided, or its fitness for any particular purpose. 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 % WATER SERVICE. Upon satisfaction of all conditions set forth in this Agreement, the DISTRICT shall provide water and sewer service to the PROPERTY on the same basis that the DISTRICT provides such services to its other customers in the area, including without limitation pursuant to the rate schedule, rules and regulations, sewer ordinances, and water resolutions applicable to the DISTRICT, as the same may duly change from time to time. Section 11. LIABILITY FOR DAMAGES. Other than claims, damages and liabilities arising from the DISTRICT's breach of this Agreement, its negligence or its willful misconduct, for which the DISTRICT shall be held liable or responsible, the DISTRICT shall not be held liable or responsible for any debts or claims (the "Excluded 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 12. RELEASE. The DEVELOPER hereby expresslywaives and releases the DISTRICT and its agents, officers, directors, and employees from any and all liability for the claims, actions, and /or losses for the Excluded Claims and for any costs and expenses incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of California Civil Code Section 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 which are in any way related to the Excluded Claims. 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 Secton 1542 and hereby assumes full responsibility for any injuries, damages, losses, or liability that may result from the claim identified above, This AGREEMENT shall also act as a release of any claims, actions, and /or losses as set forth in Section 11 above, that may arise in the future whether such claims are currently foreseen or unforeseen. Section 13. HOLD HARMLESS. Excepting the breach of this Agreement by, orto the extent of the 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, , 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 suit 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 and expenses (inducing, without limitation, the reasonable fees and disbursements of legal counsel expert witnesses, and accountants) 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 ad 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 14. NOTICES. Any notice to be given hereunder by either party to the other shall be in writing. All notices, tenders and deliveries 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: East Valley Water District P.O. BOX 3427 3654 E. Highland Avenue, Suite 18 San Bernardino, CA 92346 Attn: General Manager Fax Number: (909) 889 -5732 If to the DEVELOPER: Victoria Development Company 101 Pure Water Lane Highland, CA 92346 Attn: Project Development Any notices properly addressed, sent by registered or certified mail, return receipt requested, or by facsimile or by Federal Express or similar generally recognized messenger or overnight courier service regularly providing proof of delivery shall be deemed to have been given as of the date of delivery (whether accepted or refused) established by the United States Post Office return receipt, the proof of complete transmission generated by the fax machine, or the messenger's or courier's proof of delivery, as the case may be. Notice sent by any other manner shall be effective only upon actual receipt by the addressee. Section 15. 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, and In particular, before the American Arbitration Association ("AAA"), in Los Angeles, pursuant to the AAA's Commercial Dispute Resolution Procedures. The cost of such arbitration shall be paid by the parties equally; however, the prevailing parry in the arbitration shall be entitled to reimbursement of its attorneys' fees and other costs incurred in connection therewith. Section 16. ATTORNEYS' FEES. If a dispute arises which cannot be resolved by arbitration, regarding the breach or enforcement of the provisions of this AGREEMENT, the prevailing party therein shall be entitled to recover all attorneys' fees and other costs actually incurred in connection with reaching a resolution of the dispute whether or not an action, claim, or lawsuit is filed. In any action brought, the entitlement to recover attorneys' fees and costs will be considered an element of costs and not of damages. Section 17. 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 18. 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 19. 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 sin connection herewith. This AGREEMENT may not be amended unless in writing and 0 assigned by the parties hereto. Section 20. 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 21. 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 orambiguity 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 such party's right to enforce subsequent violations of the same or any other terms or conditions hereof. This AGREEMENT shall be enforced and governed by and under the laws of the State of California, and venue for any action brought to interpret and /or enforce any provision of this AGREEMENT shall be in a state court located in the State of California that would generally have in rem jurisdiction over real property located in the City of Highland. Section 22. SEVERABILITY. if any portion of this AGREEMENT is declared by court of competent jurisdiction to the illegal, invalid, or unenforceable, the remaining provisions of this AGREEMENT shall continue in full force and effect. Section 23. TIME OF THE ESSENCE. Time is of the essence in- this AGREEMENT, and the parties hereto agrees 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 24. 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 17 hereof. [Signature page follows] 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: East Valley Water District President, Board of Directors DEVELOPER: VICTORIA DEVELOPMENT COMPANY, a California limited partnership By: Alchemist, Inc., a California corporation its sole General Partner 0 EXHIBIT "A" [Legal Description of the PROPERTY] 10 Form No. 1068 -2 ALTA Commitment Commitment No.: 0623 - 1715859 Page Number: 4 Real property in the City of Highland, County of San Bernardino, State of California, described as follows: PARCEL 1: THAT PORTION OF THE NORTHEAST 114 OF THE NORTHEAST 1/4 OF SECTION 33, TOWNSHIP 1 NORTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "THENCE NORTH 84 DEG. 55'47" EAST, 57,88 FEET' IN A DEED.TO THE NEWLAND GROUP, INCORPORATED, A CALIFORNIA CORPORATION, RECORDED SEPTEMBER 20, 1993, INSTRUMENT NO. 93- 403422, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 85 DEG. 38'24" EAST, 65.20 FEET; THENCE SOUTH 89 DEG. 42'07" WEST, 123.49 FEET TO THE EASTERLY LINE OF SAID DEED; THENCE ALONG SAID EASTERLY LINE, NORTH 59 DEG, 34' 08" EAST, 0.95 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 84 DEG, 55' 47" EAST, 57.88 FEET TO THE POINT OF BEGINNING. PARCEL 2: PARCEL 1 OF PARCEL MAP NO. 12977, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 159 OF PARCEL MAPS, PAGES 36 THROUGH 38, INCLUSIVE, RECORDS OF SAID COUNTY. TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 114 OF SECTION 33, TOWNSHIP 1 NORTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, AS CONVEYED BY THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DIRECTOR OF TRANSPORTATION TO THE NEWLAND GROUP, INCORPORATED, A CALIFORNIA CORPORATION, BY DEED RECORDED SEPTEMBER 20, 1993, INSTRUMENT NO. 93- 403422, OFFICIAL RECORDS, DESCRIBED THEREIN AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 25, 1954, IN BOOK 3351, PAGE 547, OFFICIAL RECORDS OF SAID COUNTY, AND THE NORTHERLY LINE OF BLOCK "A ", FRYE'S ADDITION TO HIGHLAND, AS PER PLAT RECORDED IN BOOK 16 OF MAPS, PAGE 21, RECORDS OF SAID COUNTY; THENCE ALONG SAID EAST LINE, NORTH 00 DEG. 25'52" WEST, 151.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE NORTH 00 DEG. 25' 52" WEST, 580.87 FEET, THENCE NORTH 060 00 05 EAST, 203.53 FEET; THENCE NORTH 59 DEG, 34 OS' EAST, 231.60 FEET; THENCE NORTH 84 DEG. 55,47" EAST, 57.88 FEET; THENCE NORTH 85 DEG. 38' 24" WEST, 33.31 FEET; THENCE SOUTH 69 DEG. 42' 07" WEST, 237.80 FEETTO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 38.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE LEFT THROUGH AN ANGLE OF 90 DEG. 07' 36 ", A DISTANCE OF 59.77 FEET TO A POINT ON A LINE PARALLEL AND DISTANT AT RIGHT ANGLE 89.00 FEET FROM THE CENTERLINE OF BOULDER AVENUE, AS SHOWN ON PARCEL MAP 12977 IN BOOK 159 OF PARCEL MAPS, PAGES 36 TO 38, INCLUSIVE, RECORDS OF SAID COUNTY; THENCE ALONG SAID PARALLEL LINE, FrrstAmerlcan Title Form No. 1068 -2 ALTA Commitment Commitment No: 0623. 1715859 Page Number: 5 SOUTH 00 DEG. 25' 29" EAST, 581.71 FEET THENCE SOUTH 06 DEG, 00'54" EAST, 288.59 FEET TO THE TRUE POINT OF BEGINNING. APN: 1200- 081 -01 -0-000 and 1200 - 081 -03 -0 -000 and 1200 - 081 -04 -0 -000 FirstAmerican Title Rlo y E IM�I F� r�l r� r F�i I Rill of � � �5�� � �� � � � s����� �� Ali ► �� �_ �§ � & i1� "-M 1 �; - r - lk TV W, III AwW11�==1-wW 1 1 1 1 1 MEMO -4 . In; "PTA, KOWD: ASIA= ISPAW8500 1000 �541 & ." f AVON vn> ..as Nor, MAN90- "Ns iron 1;; -41 Ah""XI AM gym us 2101 All 1 t to PUTWE" WON mgm v as 1 wan 11WARTASUIN Q& SAW130 EXHIBIT D RRCORDINQ REQUESTED BY: East Valley Water District V1�HEN RECORDED MAIL TO: East Valley Water District Post Office Box 3427 San Bernardino, California 92413 FEE EXEMPT PURSUANT TO GOVERNMENT CODE SECTION 6103 IRREVOCABLE OFFER OF DEDICATION OF SEWERAGE SYSTEM Board of Directors East Valley Water District Sari Bernardino, California 92413 DATE: We hereby declare that the sewerage system and appurtenant structures to be constructed In in accordance with all the requirements of the East Valley Water District are intended for public use and that upon their acceptance by said District, all rights, title and interest of the undersigned in and to said sewerage system shall thereupon vest in the District. The within dedication shall be binding upon heirs, successors, assignees, executors, or administrators of the undersigned. The undersigned further declares and hereby certifies that there are no liens or debts of'any nature presently due or outstanding against or upon said sewerage system and appurtenant structures for labor or materials or for any other cause, and that the undersigned will hold East Valley Water District free and harmless from any and all :such claims of liens asserted upon said sewerage system and appurtenant structures should they be claimed or arlse provided such claims or liens arose from acts which occurred on or before the date listed above. (Corporate Seaq By STATE OF CALIFORNIA 1 COUNTY OF On 20_, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) istare subscribed to the same in histherttheir authorized capacity (ies), and that by hislherltheir signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) (Rev. 621/16) Drawer No. 3 East Valley Water District Board Memorandum From: Brian W. Tompkins /Chief Financial Officer Subject: Disbursements. 0 Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period May 17, 2007 through June 6, 2007. Background: DATE: JUNE 12, 2007 Accounts payable checks are shown on the attached listing and include numbers 210733 to 210937 for A total of $1,122,148.80. The source of funds for this amount is as follows: Unrestricted Funds $1,122,148.80 Payroll disbursed was for the period ended May 25, 2007 and included checks and direct deposits totaling $127,252.20. Total disbursements $1,249,401.00. Date: Wednesday, June 06, 2007 Time: 10:44AM User: KATHY Bank Account: Citizens Business Bank East Valley Water District Check Register - Standard As of: 6/6/2007 13110 00 -00- 000 -0- 000 -00 -00 Page: Report : Company: 1 of 4 20600.rpt EVWD Check A Tn Check Payee Clear Period Nbr Tp Tp Date ID Payee Name Date Post Amount 000001 - 210732 Missing 210733 AP CK 5/17/2007 NOR042 NORRIS REALTY ADVISORS 5/24/2007 11 -06 4,900.00 210734 AP CK 5/25/2007 CAR076 CARTER - RONALD 5129/2007 11 -06 69.05 210735 AP CK 5/30/2007 AB0003 ABUJOUDEH -JEHAD 11 -06 70.27 210736 AP CK 5/30/2007 ADP002 ADP 11 -06 461.26 210737 AP CK 5/30/2007 ALF006 ALFARA- EUSTAOU10 11 -06 76.31 210738 AP CK 5/30/2007 ALL001 ALLIED REFRIGERATION 11 -06 150.83 210739 AP CK 5/30/2007 ALV030 ALVARDO -JORGE L 6/5/2007 11 -06 203.22 210740 AP CK 5/30/2007 AME004 AMERICAN PRIDE PRINTING 11 -06 689.07 210741 AP CK 5/30/2007 AME017 AMERICAN SOLUTIONS FOR 6/5/2007 11 -06 2,531.70 210742 AP CK 5/30/2007 AND035 ANDREGG -FRED 6/5/2007 11 -06 39.65 210743 AP CK 5/30/2007 ARRO09 ARROWHEAD UNITED WAY 11 -06 85.00 210744 AP CK 5/30/2007 ATT007 AT &T 11 -06 347.31 210745 AP CK 5/30/2007 AVA005 AVAYA FINANICIAL SERVICE 615/2007 11 -06 2,577.70 210746 AP CK 5/30/2007 AVA008 AVAYA /CUSTOMER CARE CE 11 -06 771.64 210747 AP CK 5130/2007 BAL005 BALLARD PLUMBING HEATIP 11 -06 75.00 210748 AP CK 5/30/2007 BAT002 BATTEEN -JOHN W 6/512007 11 -06 5,421.00 210749 AP CK 5/30/2007 S00002 BOCANEGRA -JOSE 11 -06 40.55 210750 AP CK 5/30/2007 BON003 BONAFEDE -JACK L 11 -06 67.01 210751 AP CK 5/30/2007 BR0001 BRUNICK, MCELHANEY & BE 11 -06 13,372.88 210752 AP CK 5/30/2007 BUR022 BURGESS MOVING & STOW 6/5/2007 11 -06 558.67 210753 AP CK 5/30/2007 CAJO87 CAJIGAL- RIORITA R 6/5/2007 11 -06 56.94 210754 AP CK 5/30/2007 CAM004 CAMP DRESSER & MCKEE If 6/5/2007 11 -06 14,932.23 210755 AP CK 5/30/2007 CHE006 CHEMSEARCH 11 -06 357.58 210756 AP CK 5/30/2007 CITO18 CITISTREET 11 -06 7,380.50 210757 AP CK 5/3012007 CIT022 CITY OF SAN BERNARDINO 1 11 -06 25.00 210758 AP CK 5/30/2007 CLI002 CLINICAL LAB OF S B 6/4/2007 11 -06 80.00 210759 AP CK 5/30/2007 COL033 COLE -GARY 11 -06 46.92 210760 AP CK 5/30/2007 C00004 COURTNEY'S ELECTRIC, INC 11 -06 89.06 210761 AP CK 5/30/2007 DAB001 DABBOUS - HELLAL 11 -06 31.93 210762 AP CK 5/3012007 DA1001 DAILY JOURNAL CORPORAT 6/5/2007 11 -06 82.60 210763 AP CK 5/30/2007 DAY001 DAY - TIMERS, INC 11 -06 336.25 210764 AP CK 5/30/2007 DEL047 DELACRUZ -LUIS 11 -06 24.32 210765 AP CK 5130/2007 DIB001 DIB'S SAFE & LOCK SERVICE 11 -06 1.57 210766 AP CK 5/3012007 DIE007 DIETERICH -POST 6/5/2007 11 -06 55.00 210767 AP CK 5/3012007 DIL002 DILLARD- ETHELENE 6/5/2007 11 -06 47.31 210768 AP CK 5/30/2007 DIL003 DILLE -JON 11 -06 239.90 210769 AP CK 5/30/2007 EKE001 EKE- EUCHARIA & CLIFFORE 11 -06 1,695.25 210770 AP CK 5/30/2007 ERB002 E R BLOCK REFRIGERATION 11 -06 105.00 210771 AP CK 5/30/2007 ETE001 ETEHAD LLC, REFOUA LLC 615/2007 11 -06 400.00 210772 AP CK 5/30/2007 FAC002 FACULTY PHYSICIANS AND 6/5/2007 11 -06 130.00 210773 AP CK 5/30/2007 FA1002 FAIRVIEW FORD SALES,INC 11 -06 200.69 210774 AP CK 5130/2007 FAR001 FARMER BROS COFFEE 11 -06 363.31 210775 AP CK 5/30/2007 FED001 FEDERAL EXPRESS 6/5/2007 11 -06 58.36 210776 AP CK 5/30/2007 FER009 FERGUSON ENTERPRISES 1 6/5/2007 11 -06 784.47 210777 AP CK 5/30/2007 FL0028 FLORES- MIGUEL 11 -06 244.66 210778 AP CK 5/30/2007 GEN007 GENUINE PARTS COMPANY 6/5/2007 11 -06 167.57 210779 AP CK 5/30/2007 G01001 GOINS JANITORIAL SERVICE 6/5/2007 11 -06 2,135.00 210780 AP CK 5/30/2007 GOL002 GOLDEN WEST TIRE 11 -06 1,781.98 21078 1 AP CK 5/30/2007 HAA001 HAAKER EQUIPMENT COMP 6/5/2007 11 -06 558.06 210782 AP CK 5/30/2007 HAM011 HAMILTON- PATRICK M 11 -06 79.73 210783 AP CK 5130/2007 HAR067 HARVEY -ELLOY 11 -06 8.95 210784 AP CK 5/30/2007 HIG018 HIGHLANDS STAR CENTER, 11 -06 11,804.00 210785 AP CK 5/30/2007 HIG025 HIGHLAND ENVIRONMENTAL 11 -06 10,000.00 210786 AP CK 5/30/2007 HS1004 HSIEH- CHIN -HSIN 11 -06 978.94 210787 AP CK 5/30/2007 HUB001 HUB CONSTRUCTION SPEC) 6 /5/2007 11 -06 809.87 210788 AP CK 5/30/2007 HUD006 HUDKINS -JAY 11 -06 58.13 210789 AP CK 5/30/2007 DE001 IDEAL COMPUTER SOUTH IP 11 -06 525.00 0 Date: Wednesday, June 06, 2007 User: KTH M Time: KATHY Bank Account: Citizens Business Bank East Valle Water District Y Check Register - Standard As of: 6/6/2007 13110 00 -00- 000 -0- 000 -00 -00 Report: Company: 20 0.rpt 0 EVWD Check JI Tn Check Payee Clear Period Nbr Tp Tp Date ID Payee Name Date Post Amount 210790 AP CK 5/30/2007 IDE002 IDEARC MEDIA CORP. 11 -06 35.25 210791 AP CK 5/30/2007 INL004 INLAND DESERT SECURITY 11 -06 432.60 210792 AP CK 5/30/2007 INL005 INLAND WATER WORKS SUF 6/5/2007 11 -06 2,101.45 210793 AP CK 5/30/2007 JOH001 JOHNSON MACHINERY CO 11 -06 1,764.00 210794 AP CK 5/30/2007 JRF001 J.R. FREEMAN CO., INC 11 -06 1,907.48 210795 AP CK 5/30/2007 KEE002 KEENAN SUPPLY 6/4/2007 11 -06 16.20 210796 AP CK 5/30/2007 KOE005 KOEHLER -TOM 11 -06 37.19 210797 AP CK 5130/2007 LAW003 LAWSON PRODUCTS,INC 61512007 11 -06 337.63 210798 AP CK 5/30/2007 LE018 LE -PETER 11 -06 51.49 210799 AP CK 5/30/2007 LE0012 LEONIDES- BENITO MANUEL 11 -06 83.48 210800 AP CK 5/30/2007 LIT004 LITTLETON'S MOBILE HOME 11 -06 107.32 210801 AP CK 5/30/2007 MACO20 MACIAS- VICTOR 11 -06 64.00 210802 AP CK 5/30/2007 MAI002 MAINTENANCE SOLUTIONS 11 -06 2,577.78 210803 AP CK 5/30/2007 MCCO23 MC CROMETER INC 615/2007 11 -06 1,392.74 210804 AP CK 5/30/2007 MCDO08 MCDUFFIE -GRADY 11 -06 46.01 210805 AP CK 5/30/2007 MEN026 MENDOZA - LAURAV 11 -06 41.98 210806 AP CK 5/30/2007 MEZ006 MEZA- LUCIANO 6/5/2007 11 -06 88.43 210807 AP CK 5/30/2007 MIL001 MILOBEDZKI -JACEK 11 -06 800.00 210808 AP CK 5/30/2007 M00025 MOON -ROBIN 11 -06 82.98 210809 AP CK 5/30/2007 MUN017 MUNOZ -JOHN 11 -06 9.74 210810 AP CK 5/30/2007 NET005 NETCOMP TECHNOLOGIES, 11 -06 383.70 210811 AP CK 5/30/2007 NEV010 NEVAREZ- MIGUEL 11 -06 51.63 210812 AP CK 5/30/2007 NOR023 NORTH AMERICAN RESIDEN 6/512007 11 -06 17.48 210813 AP CK 5/30/2007 OAK001 MGT -OAK PROJECT 11 -06 53.59 210814 AP CK 5/30/2007 PAL017 PALACIOS- HILARIO 11 -06 33.57 210815 AP CK 5/30/2007 PECO04 PECH -REYNA 11 -06 37.37 210816 AP CK 5/30/2007 PER007 PERFORMANCE METERS IN( 11 -06 22,884.40 210817 AP CK 5/30/2007 QWE001 OWEST 11 -06 28.76 210818 AP CK 5/30/2007 RAM064 RAMIREZ - ISMAEL 11 -06 33.41 210819 AP CK 5/30/2007 RAY015 RAYGOZA -SARAH 11 -06 34.62 210820 AP CK 5/30/2007 ROM020 ROMAN -EVA SAN 11 -06 3.93 210821 AP CK 5/30/2007 SAF001 SAFETY KLEEN CORP 6/5/2007 11 -06 200.93 210822 AP CK 5130/2007 SAF005 COMPANY- SAFETY COMPLI 11 -06 250.00 210823 AP CK 5/3012007 SAN006 SAN BERNARDINO VALLEY t 11 -06 1,700.00 210824 AP CK 5/3012007 SAN007 SAN BDNO PUBLIC EMPLOY 11 -06 482.74 210825 AP CK 5/30/2007 SAN013.1 JAMES STEVEN SANTINI 6/5/2007 11 -06 1,595.00 210826 AP CK 5/30/2007 SAN211 SANCHEZ -DIANE 11 -06 55.29 210827 AP CK 5/3012007 S00002 SO CAL GAS COMPANY 11 -06 227.45 210828 AP CK 5130/2007 S00003 SO CAL PUMP & WELL SERV 6/4/2007 11 -06 13,385.31 210829 AP CK 5/30/2007 STA054 HOMES - STANDARD PACIFIC 11 -06 1,194.28 210830 AP CK 5/30/2007 STA055 STATE DISBURSEMENT UNf 11 -06 1,140.00 210831 AP CK 5/30/2007 STA068 S.T.A.R.S. 11 -06 70.00 210832 AP CK 5/30/2007 STE055 STERLING - LESLIE 11 -06 32.26 210833 AP CK 5/30/2007 STRO16 RHONDA D STROUT, M.S. 6/5/2007 11 -06 1,050.00 210834 AP CK 5/30/2007 SYS002 SYSTEMS SOURCE 6/5/2007 11 -06 15,184.80 210835 AP CK 5/30/2007 TAY015 TAYLOR - STEPHANIE 11 -06 27.08 210836 AP CK 5130/2007 TEJ004 TEJEDA -JUAN CARLOS 11 -06 17.94 210837 AP CK 5/30/2007 TRA050 TRAN -NGOC VAN 11 -06 45.66 210838 AP CK 5/30/2007 TRA051 TRAMEL- GIANNA 11 -06 51.20 210839 AP CK 5/30/2007 TRE014 TREBOR COMPANY -THE 615/2007 11 -06 242.86 21084.0 AP CK 5130/2007 UNI002 UNITED PARCEL SERVICE 11 -06 17.00 21082 1 AP CK 5/30/2007 UN1021 UNITED SITE SERVICES OF - 615/2007 11 -06 216.23 210842 AP CK 5/30/2007 UPT001 LLC- UPTHINK 11 -06 75.21 210843 AP CK 5/30/2007 UT1001 UTILITY SUPPLY OF AMEBIC 11 -06 1,108.75 210844 AP CK 5/30/2007 VAL048 VALDEZ- ANTHONY 11 -06 33.11 210845 AP CK 5/30/2007 VER004 VERIZON CALIFORNIA 6/5/2007 11 -06 229.24 210846 AP CK 5/30/2007 VON003 VON SYDOW- JOSEPH 11 -06 52.14 2108,17 AP CK 5/30/2007 VUL001 VULCAN MATERIALS COMPF 6/5/2007 11 -06 1,435.52 Date: Wednesday, June 06, 2007 Time: 10:44AM User: KATHY Bank Account: Citizens Business Bank East Valle Water District y Check Register - Standard As of: 6/6/2007 13110 00 -00- 000 -0- 000 -00 -00 Page: Report: Company: 3 of 4 20 00.rpt EVWD Check JI Tn Check Payee Clear Period Nhr Tp Tp Date ID Payee Name Date Post Amount 210848 AP CK 5/3012007 WAT023 USA INC - WATERTRAX 11 -06 4,209.79 210849 AP CK 5/30/2007 WEF001 WEFMEMBERSHIP 11 -06 192.00 210850 AP CK 5/30/2007 WHI032 WHITESELL -JOHN 11 -06 95.25 210851 AP CK 5/30/2007 WIN007 WINNER INDUSTRIAL SUPPI. 11 -06 1,371.44 210852 AP CK 5/30/2007 WIR003 WIRELESS WATCHDOG, LLC 11 -06 14.49 210853 AP CK 5/30/2007 ZEE001 ZEE MEDICAL SERVICE # 11 -06 482.50 210854 AP CK 5/30/2007 ZEL004 ZELAYANDIA- RUSBIL 11 -06 111.27 210855 AP CK 5/31/2007 PRA005 PRATT -BILLY & CYNTHIA 6/4/2007 11 -06 3,843.18 210856 AP CK 6/1/2007 PER006 P.E.R.S. 12 -06 44,102.27 210857 AP CK 6/5/2007 DIV002 GALLERY- DIVISION 9 12 -06 1,561.10 210858 AP CK 6/6/2007 ABR006 ABRAMOVIC - GEORGE 12 -06 47.24 210859 AP CK 6/6/2007 ADP002 ADP 12 -06 450.76 210860 AP CK 6/6/2007 ADV001 ADVANCED TELEMETRY SYI 12 -06 2,837.68 210861 AP CK 6/6/2007 AGU025 SR -RAY AGUILA 12 -06 36.53 210862 AP CK 6/612007 AR1014 PIPELINE - ARIZONA 12 -06 1,595.69 210863 AP CK 6/6/2007 ATT007 AT &T 12 -06 567.89 210864 AP CK 6/6/2007 BAR024 BARR LUMBER CO INC 12 -06 349.11 210865 AP CK 6/6/2007 BAS009 BASIN WATER TECHNOLOG 12 -06 7,399.38 210866 AP CK 6/6/2007 BAT003 BATDORF -EARL 12 -06 275.37 210867 AP CK 6/6/2007 BOA001 BOARD OF WATER COMMIS 12 -06 5,530.00 210868 AP CK 6/6/2007 BRI009 BRITHINEE ELECTRIC 12 -06 18,335.82 210869 AP CK 6/6/2007 CAM004 CAMP DRESSER & MCKEE It 12 -06 15,806.30 210870 AP CK 6/6/2007 CAS037 CASTELLANO- ENRIQUE 12 -06 4.99 210871 AP CK 6/6/2007 CHE007 CHEM -TECH INTERNATIONA 12 -06 3,650.40 210872 AP CK 6/6/2007 GIN001 FOREST, LLC - CINNOMON 12 -06 1,881.24 210873 AP CK 6/6/2007 CON031 SERV - CONSTRUCTION PRO 12 -06 4,253.84 210874 AP CK 6/6/2007 CRE001 CREST CHEVROLET 12 -06 185.23 210875 AP CK 6/6/2007 DAT002 DATAPROSE, INC. 12 -06 1,251.00 210876 AP CK 6/6/2007 DEL045 DELTA DENTAL OF CALIFOR 12 -06 766.34 210877 AP CK 6/6/2007 EDW006 EDWARDS -AARON L 12 -06 599.16 210878 AP CK 6/6/2007 END001 ENDERS SECURITY & 12 -06 14,047.65 210879 AP CK 6/6/2007 EVE001 EVERSOFT, INC 12 -06 134.71 210880 AP CK 6/6/2007 FAR002 FARRINGTON- STEVEN 12 -06 60.00 210881 AP CK 616/2007 FOX001 FOX -JANA 12 -06 372.51 210882 AP CK 6/6/2007 GAB001 GABRIEL EQUIPMENT CO 12 -06 102.77 210883 AP CK 6/6/2007 GEN007 GENUINE PARTS COMPANY 12 -06 383.70 210884 AP CK 6/6/2007 GOM026 GOMEZ -DAVID 12 -06 53.63 210885 AP CK 6/6/2007 HAA001 HAAKER EQUIPMENT COMP 12 -06 327.44 210886 AP CK 6/6/2007 HER092 HERNANDEZ -EMMA 12 -06 61.35 210887 AP CK 6/6/2007 HIC007 HICKS -LARRY 12 -06 84.62 210886 AP CK 6/6/2007 INL005 INLAND WATER WORKS SUF 12 -06 1,791.60 210889 AP CK 6/6/2007 JIM009 JIMENEZ- FELICIA 12 -06 13.63 210890 AP CK 6/6/2007 JRF001 J.R. FREEMAN CO., INC 12 -06 1,440.52 210891 AP CK 6/6/2007 KON004 KONICA MINOLTA BUSINESS 12 -06 143.64 210892 AP CK 6/6/2007 LES002 LESLIE'S POOL SUPPLIES, Ir 12 -06 138.14 210893 AP CK 6/6/2007 MAL001 MALCOM ENTERPRISES 12 -06 4,660.00 210894 AP CK 6/612007 MAL023 MALONE - ROBERT 12 -06 35.15 21089'.5 AP CK 6/6/2007 MAT012 MATICH CORP 12 -06 1,506.60 210896 AP CK 6/6/2007 MCA001 MC ANDREWS & BOYD 12 -06 10,547.55 210897 AP CK 6/6/2007 MCC044 CULLOUGH -CARLA MC 12 -06 2.50 210898 AP CK 6/6/2007 MET002 METROPOLITAN LIFE INS CC 12 -06 457.23 210899 AP CK 6/6/2007 MIL001 MILOBEDZKI -JACEK 12 -06 800.00 210900 AP CK 6/6/2007 MIS007 DEVELOPMENT- MISSION 12 -06 1,474.49 210901 AP CK 6/6/2007 M00026 MOORE- LESSIE D 12 -06 49.96 210902 AP CK 6/6/2007 MOR034 MORGAN COMPANY 12 -06 835.33 210903 AP CK 6/6/2007 NEW004 NEW HORIZONS 12 -06 3,250.00 210904 AP CK 6/6/2007 NIT001 NITAO -KEN 12 -06 99.63 210905 AP CK 6/6/2007 NOR041 NORCOTT -BRYAN 12 -06 14.43 Date: Wednesday, June 06, 2007 Page: 4 of 4 Time: 10:44AM East Valle Water District Valley Report: 20600.rpt User: KATHY Check Register - Standard Company: EVWD As of: 6/6/2007 Bank Account: Citizens Business Bank 13110 00 -00- 000 -0- 000 -00 -00 Check JI Tn Check Payee Clear Period Regular Nbr Tp Tp Date ID Payee Name Date Post Amount 210906 AP CK 6/6/2007 OL1001 OLIVE - KENNETH 12 -06 294.92 210907 AP CK 616/2007 PAT005 PATTERSON -ROY 12 -06 350.00 210906 AP CK 6/6/2007 PER014 PERRY - BARBARA J 12 -06 84.29 210909 AP CK 6/6/2007 PH0001 PHOENIX HOME LIFE 12 -06 191.94 210910 AP CK 6/6/2007 PIT001 PITNEY BOWES 12 -06 255.37 210911 AP CK 6/6/2007 PR1023 PRISKE- WARREN 12-06 29.75 210912 AP CK 6/6/2007 PR0029 PRO- PIPE /HOFFMAN SOUTH 12 -06 3,500.00 210913 AP CK 616/2007 RIM001 RIMROCK TECHNOLOGIES,]] 12 -06 2,554.00 210914 AP CK 616/2007 R00001 ROQUET PAVING 12 -06 170,748.70 210915 AP CK 6/6/2007 SAF005 COMPANY - SAFETY COMPLI 12 -06 250.00 210916 AP CK 616/2007 SAN001 SAN BERNARDINO COUNTY 12 -06 660.00 210917 AP CK 6/6/2007 SAN004 SAN BERNARDINO -CITY OF 12 -06 454,482.10 210918 AP CK 61612007 SAN013 SANTINI -STEVE 12 -06 275.37 210919 AP CK 6/6/2007 SAN200 SAN BERNARDINO MUNICIP, 12 -06 2,908.90 210920 AP CK 6/6/2007 SEV001 SEVERSON -RON 12 -06 217.91 210921 AP CK 616/2007 SH1006 SHIDLER DEVELOPMENT IN( 12 -06 70.18 210922 AP CK 6/6/2007 S00003 SO CAL PUMP & WELL SERv 12 -06 609.60 210923 AP CK 6/612007 S00004 SO CAL EDISON COMPANY 12 -06 15,097.77 210924 AP CK 6/6/2007 STA054 HOMES - STANDARD PACIFIC 12 -06 478.55 210925 AP CK 6/6/2007 STE055 STERLING - LESLIE 12 -06 45.95 210926 AP CK 6/6/2007 TAN002 TANG -DAVID 12 -06 73.23 210927 AP CK 6/6/2007 THE021 EMBROIDERY C -THE COMP] 12 -06 724.62 210928 AP CK 6/6/2007 TOW009 TOWNSON -DAVID 12 -06 26.70 210929 AP CK 616/2007 UJA001 UJADUGHELE -TONY 12 -06 37.19 210930 AP CK 6/6/2007 UN1002 UNITED PARCEL SERVICE 12 -06 54.60 210931 AP CK 6/6/2007 UN1013 UNION BANK OF CALIFORNI, 12 -06 137,059.80 210932 AP CK 6/6/2007 VER003 VERIZON WIRELESS 12 -06 124.41 210933 AP CK 6/6/2007 VER004 VERIZON CALIFORNIA 12 -06 36.09 210934 AP CK 6/612007 VIS002 VISTA PAINTS 12 -06 212.12 210935 AP CK 6/6/2007 VUL001 VULCAN MATERIALS COMPF 12 -06 741.21 210936 AP CK 616/2007 WAT021 WATER -ANAS 12 -06 70.25 210937 AP CK 6/6/2007 WHI005 WHITEHEAD -ROGER 12 -06 342.83 Check Count: 205 1,122,148.80 205 1,122,148.80 Bank Account Total Count Amount Paid Regular 205 1,122,148.80 Hand 0 0.00 Void 0 0.00 Stub 0 0.00 Zero 0 0.00 Mask 0 0.00 Outstanding 0 0.00 Unused 0 0.00 205 1,122,148.80 e e C� y p a� CD a� rn m l"7 C!J C7 STERLING AVENUE F-------------- - - - - -I p a� STERLING AVENUE F-------------- - - - - -I Any questions Call: (909) 885 -4900 By si ninE this form you agree not to sell this water, and that it will only be used for the event specified. Please do not request more water than you can use. Organizations must pick up their requested water between the hours of 7:30 am — 2:00 pm, Monday through Friday, from one of the addresses listed below. Please be aware that the water is heavy: it weighs approximately 30 lbs. per case. It is the responsibility of the requesting party to arrange appropriate transportation and bring tie -downs or other equipment to safely transport the water. You will be contacted with specific pickup instructions if your request is aooroved. Date of request: Contact Name: Organization: Does this organization have 501(c)(3) status? Yes/No Tax I.D. number: Address: City: _ State: Zip: Phone number: Fax: E -mail: Event Information: Name of event: Location of event (be specific): Briefly describe event: Date of event: Expected attendance: Number of Cases requested: Has your organization requested bottled water before: Your signature: I have received the EVWD Bottled Water Policy_ (initial) Water Pick -up locations: 3654 E. Highland Ave., Ste. 18, Highland ❑ 28099 5" Street, Highland ❑ Note: Please brine a cony of the aooroved request form in order to release Your order. For EV WD use only: Date received: Approved by: Pick -up date/time: Notified Accounting Supervisor: East Valley Water District East Val ley Water District Bottled Water Request Form Mail form to: East Valley Water District Attn: Administration/ Bottled Water P.O. Box 3427, San Bernardino, CA 92413 Or Fax to: East Valley Water District Attn: Administration/Bottled Water (909) 889 -5732 Any questions Call: (909) 885 -4900 By si ninE this form you agree not to sell this water, and that it will only be used for the event specified. Please do not request more water than you can use. Organizations must pick up their requested water between the hours of 7:30 am — 2:00 pm, Monday through Friday, from one of the addresses listed below. Please be aware that the water is heavy: it weighs approximately 30 lbs. per case. It is the responsibility of the requesting party to arrange appropriate transportation and bring tie -downs or other equipment to safely transport the water. You will be contacted with specific pickup instructions if your request is aooroved. Date of request: Contact Name: Organization: Does this organization have 501(c)(3) status? Yes/No Tax I.D. number: Address: City: _ State: Zip: Phone number: Fax: E -mail: Event Information: Name of event: Location of event (be specific): Briefly describe event: Date of event: Expected attendance: Number of Cases requested: Has your organization requested bottled water before: Your signature: I have received the EVWD Bottled Water Policy_ (initial) Water Pick -up locations: 3654 E. Highland Ave., Ste. 18, Highland ❑ 28099 5" Street, Highland ❑ Note: Please brine a cony of the aooroved request form in order to release Your order. For EV WD use only: Date received: Approved by: Pick -up date/time: Notified Accounting Supervisor: East Valley Water District Bottled Water Program Policy The East Valley Water District (EVWD) established the Bottled Water Program in an effort to promote the District's bottled water label contest. This is part of the District's ongoing effort to provide public education to students and customers throughout the District's service area. REOIIIREMENTS • The request must be by a nonprofit organization and for events within the communities served by EVWD. • Quantities are limited and are on a first -come, first -served basis. • EVWD reserves the right to provide less then the full amount requested. • A Bottled Water Request form must be completed and is available on the Internet at www.eastvalley.ora or can be requested to be sent by mail or fax. • Completed forms should be faxed to (909) 889 -5732 or mailed to EVWD Attn: Administration/Bottled Water, P.O. Box 3427, San Bernardino, CA 92413. • Requests should be made a minimum of two weeks prior to your requested pick -up date. • EVWD reserves the right to deny any request. STIPULATIONS Water is donated at no cost to non - profit organizations. This water cannot be sold or used for any event other than the one specified. If it is determined that the donated water has either been sold or used for other events, this will result in the organization being disqualified from receiving bottled water in the future. RESPONSIBILITIES Transportation of the bottled water is the responsibility of the requesting organization. Each case weighs approximately 301bs. Water is supplied in half -liter (16.9 ounce) bottles, and distributed in cases of twenty -four. Requests must be made in full case quantities only. It is the responsibility of the requesting party to arrange appropriate transportation, and bring tie -downs or other equipment to safely transport the water. EVWD is not responsible for any damage to vehicles or otherwise during transport. UPON APPROVAL A representative of the Administration Department will contact the organization, provide a copy of the approved request form, and provide a specific date and time for the organization to pick up the water. Organizations must present their copy of the approved request form when picking up their water. They can pick up the approved amount of water between the hours of 7.30am - 2.00pm Monday through Friday from the East Valley Water District at: ❑ 3654 E. Highland Ave., Ste. 18, Highland CI 28099 5'" Street, Highland OUR ENVIRONMENT In the interest of the environment, organizations receiving bottled water are requested to provide appropriate waste storage containers at their events and are strongly encouraged to recycle the plastic bottles. Western Coalition of Arid States NOTICE OF ANNUAL MEETING and ELECTION OF DIRECTORS The Western Coalition of Arid States (WESTCAS) will hold its Annual Meeting June 20- 22, 2007, at the Hyatt Islandia Hotel, in San Diego, California. The annual Business Meeting and Election of Directors will take place on Thursday June 21, 2007 at 4:30PM. All Regular members are entitled to one vote, which may be cast in person or by written proxy. If voting by proxy, send your vote to Chris Treese, WESCTCAS Secretary, fax: 970 - 945 -8799 or ctreese e,crwcd.org. The Secretary must receive all proxy votes no later than June 15, 2007. The election for State Directors will be for those whose incumbent seat expires at this year's meeting. INCUMBENTS Terms Expire June 30, 2007 STATE Arizona Robert Hollander California Larry Libeu Colorado I Mary Gardner New Mexico Charlie Nylander Nevada Bruce Johnson Oregon Vacant Texas Wayne Owen Associates Kelly Collins At -urge David McNeil_ T- he Western States May 7, 2007 W E Sill ' ll SUBJECT: CHANGE IN WESTCAS MEMBE RENEWALS Dear WESTCAS Member: During the WESTCAS Legislative Meeting held in February 2007 in San Antonio, Texas the Board of Directors voted affirmatively to change the annual WESTCAS membership to a calendar year basis. Previously, the membership period was July 1 through the following June 30th which spread the membership over two different years. By making the membership change to a calendar year basis, the new membership year will now coincide with the WESTCAS fiscal year and annual federal income tax cycle. In order to facilitate this membership period transition, and make it easier for our WESTCAS members to budget for the shift in the membership time period, WESTCAS Membership Dues Renewal Notices for the time period of July 1, 2007 through December 31, 2007 will be mailed out the first week of June 2007. These Dues Renewal Notices will request 50% of the annual dues amount for each membership. During December 2007, WESTCAS Membership Dues Renewal Notices for the calendar year of 2008 will be mailed requesting 100 % of the annual dues amount for each membership. Utilizing two separate mailings for WESTCAS Membership Dues Renewal Notices is intended to provide our membership with the opportunity to make any necessary adjustments in budgeting so as to accommodate the membership time period change. Please note that the WESTCAS budget cycle will also change, and thus a transitional budget for the time period July 1, 2007 through December 31, 2007 will be approved by the Board of Directors at the WESTCAS Annual Meeting in June 2007 in San Diego, California. On behalf of WESTCAS, I appreciate your assistance in this transition period for WESTCAS Membership Dues. When you receive the WESTCAS Dues Renewal Notice in June, please read the notice carefully and correct any name or address information as necessary. REMEMBER: Membership dues are to be mailed to the following address: Charlie Nylander WESTCAS 28 Vallecito Road Santa Fe, New Mexico 87506 Thank you. Sincerely, Charlie Nylander, Treasurer WEESTCAS 71he Voice of Water Quaflity xn the Ayid West 5335 Wisconsin Ave. N.W., Suite 440 ® Wasiringtoa, DC 20015 -2052 (202) 966 -2190 e Fax: (202) 966 -2191 0 Justine Hendricksen From: Sent: Friday, April 06, 2007 5:58 PM To: Subject: FW: Water Request Hi Justine, Do you mind responding to this as you feel appropriate. I get the impression that the water is for use in Riverside. Thanks, Kip - - -- Original Message Follows--- - From: "CCPC Inc." < TO: < Subject: Water Request Date: Thu, 22 Mar 2007 12:19:53 -0800 Mr. Kip Sturgeon, SgtMaj Guenther Griebau USMC (Ret) asked that I email this request for bottled water for the non - profit Riverside National Cemetery Support. We request 100 cases and would pick up at your convenience. Thank you, Paul Adkins Proud Volunteer Chairman Riverside National Cemetery Support Committee MSN is giving away a trip to Vegas to see Elton John. Enter to win today. http:// msnconcertcontest .com ?icid- nceltontagline 1 O s,=oat Dis:nct Risk 1112 1 Street, Suite 300 'Anagement Authority Sacramento, California 95814 -2865 T 916.231.4141 Wimizmg Protection. ( 916.231.4111 M,im¢ing R¢k. Toll -free 800.537.7790 w .sdrma.org May 10, 2007 Mr. Kip Spurgeon Board President _ East Valley Water District _ Post Office Box 3427 San Bernardino, California 92413 -3427 Dear Mr. Spurgeon; Ali SDRMA We are writing to ask for your agency's approval of the enclosed proposed amendments to the Special District Risk Management Authority Joint Powers Agreement. -The California Special Districts Association (CSDA) endorses the proposed amendments to the Special District Risk Management Authority (SDRMA) Joint Powers Agreement (JPA). The CSDA Board of Directors and the SDRMA Board of Directors encourage your agency's governing body to vote "aye" on the amendments. Since SDRMA's inception in 1986, there has been a provision in the JPA that specified, in addition to the CSDA membership dues, SDRMA would pay an annual administrative fee to CSDA. The annual amount paid to CSDA is calculated on 1% of the member's net annual premium. Now that both CSDA and SDRMA have grown into strong, highly developed organizations the time has come for the JPA to reflect this important change. The JPA amendment that is being proposed and recommended would eliminate the administrative fee payment provision to CSDA. The amendment is in the best interest of the membership of both organizations and moves the organizations toward a definable fee for service business approach that will strengthen our collective commitment to provide nut members with the highest quafity programs, delivered in the most cost - effective manner. It is important that you, as a participating member, be able to exercise control of the program through the JPA and SDRMA's Board of Directors. Accordingly, please vote in favor of the proposed amendments. On behalf of the Board of Directors of CSDA and SDRMA we want to thank you for your agency's membership in our programs and for your timely response. Thank you. Sincerel , 4non;se?n_Pr_es_0—el)t 13DRMA Board of Directors Sincerely, 5e ant I J hn R. Fox, President CSDA Board of Directors ,mat :ng e Sx: - 311av :c!s A,Ial, , n F.n - , :aocn ,. x112 So-. une Kr . I S . 5..ne 2,! Ica. rr :nsr; :. C3eWna. 9921. 2e -- '3m �'c. Cd�fc - :_'.!= .'9_59 Overview — Analysis of Changes SDRMA the primary change proposed to the current Fifth (5th) Amended Joint Powers Agreement (JPA) amends Article 25 —Annual Service Fees; Provisions Relating to CSDA by eliminating the requirement for SDRMA to pay an annual administrative fee to the California Special Districts Association (CSDA). 'Yhe purpose of amending this section of the JPA is to create financial equity between the members for SDRMA members and CSDA members who do not participate in SDRMA's programs. As currently written Article 25 requires SDRMA to annually pay CSDA an administrative fee equal to 1% of SDRMA's net annual premiums. With SDR MA's significant growth in recent years, SDRMA Board of Directors feel that this long standing provision in the JPA is creating financial inequity in the cost of membership in CSDA for SDRMA members. This proposed amendment will be beneficial for SDRMA and its members. In addition to the proposed amendment to Article 25 — Annual Service Fee; Provisions Relating to CSDA, there were also minor changes in three other sections of the JPA: Recitals, Article 7 - Board of Directors, Article 19 - Withdrawals. These changes clarify and define the program and services. The changes do not materially affect or change membership requirements or substantially modify the terms of the JPA. Recitals 2'd Whereas - New Section: Adds language. California Labor Code Section 3700(c) permits pooling by public agencies of self insurance for Workers' Compensation liability. Purpose of Change: Updates language to be consistent with Government Code. Articles Article 7 - Board of Directors Deletes: Provisions for an Interim Board consisting of nine (9) directors. The interim Board will be comprised of the Directors from each Board (4 SDWCA, 5 SDRMA) who hold elected positions on July 1, 2003. Such directors shall serve until the first election in 2005. Purpose of Change: Removes outdated provisions related to interim Board of Directors resulting from the consolidation of SDRMA and SDWCA. Article 19— Member Withdrawal Amends existing Language: Clarifies language regarding member participation between program and the withdrawal provisions. Purpose of Change: Existing languagewas unclear regarding voluntary member withdrawal from a specific coverage program and voluntary withdrawal from all programs (withdrawal from JPA). C.ADOCUments\BYLAWJPA \memo =_r aDPRDVal packSNPA Changes Overview.doc !Instruction Sheet SDRMA At�ched for action by your Entity's Governing Body are the documents necessary to approve the proposed clvnges to the current Fifth (5'h) Amended Joint Powers Agreement (JPA). The Board of Directors of both `_SDRMA and CSDA are unanimously recommending approval of the enclosed proposed amendments to the rmambership. Following is a description of the action required by your Entity's Governing Body: 1. Resolution (pink paper) — This resolution approves amendments to the current 511 Amended Joint Powers Agreement and authorizes execution by the Entity's Governing Body of the amended and restated joint powers agreement (61h Amended JPA). Action Required by.Enilly a. Motion by the Entity's Governing Body to approve the "Resolution Approving the Form of and Authorizing the Execution and Delivery of a Sixth Amended and Restated Joint Powers Agreement "; and b. Entity's Board President or authorized representative sign on the signature page (page 17) of the 611 Amended JPA and return the signature page to SDRMA by September 30 2007. Upon approval of the documents by two- thirds of the members, we will mail a duplicate copy of the fully executed signature page to your entity. .JPA Amendment documents (Overview, Instruction Sheet, Resolution and Redline version of the current 51 Amended Joint Powers Agreement) may be obtained on SDRMA's website at www sdrma.ore. To obtain the documents electronically: From the SDRMA homepage, click on the JPA Amendment Documents" button located on the left "side of the web page just below Home and Member Login. All necessary approval documents may be downloaded and printed. if you have any questions, please call Jim Towns, CEO /Program Administrator at 800.537.7790 Thank you. RESOLUTION NO A RESOLUTION OF THE GOVERNING BODY OF THE [INSERT AGENCY NAME] APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A SIXTH AMENDED JOINT POWERS AGREEMENT WHEREAS, the (INSERT AGENCY NAMEI , a public agency duly organized and existing under and by virtue of the California Government Code and laws of the State of California (the "Member Agency "), has entered into the Fifth Amended and Restated Joint Powers Agreement (the "Original Agreement "), relating to the Special District Risk Management Authority (the "Authority "); and WHEREAS, the (INSERT AGENCY NAMEI and the other members of the Authority (the "Members ") find it beneficial to amend the Original Agreement (i) to amend Article 25 of the agreement regarding administrative fees paid by the Authority to the California Special District Association, and (ii) to make certain other amendments to the Original Agreement; and WHEREAS, in order to implement the foregoing, the Member Agency and the Members propose to execute and enter into a Sixth Amended Joint Powers Agreement (the "Amended JPA Agreement "); and WHEREAS, all acts, conditions and things required by the laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of the transactions authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the Governing Body is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such -transactions for the purpose, in the manner and upon the terms herein provided. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE MEMBER AGENCY AS FOLLOWS: Section 1. Findings. The Governing Body of rINSERT AGENCY NAME] hereby specifically finds and determines that the actions authorized hereby relate to the public affairs of the of the agency. Section 2. Amended JPA Agreement. The Amended JPA Agreement, proposed to be executed and entered into by and between the Member Agency and the Members, in the form presented at this meetin, and on file with the District Secretary, is hereby proved. The rINSERT THE NAME OF BOARD PRESIDENT OR AUTHORIZED OFFICER] ("The Authorized Officers ") are hereby authorized and directed, for and in the name and on behalf of the Governing Body, to execute and deliver to the Authority the Amended JPA Agreement in Resolution Approving 6th Amended JPA.DOC substantially said form, with such changes therein as such officers may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3. Effective Date of Amended JPA Agreement. The Amended JPA Agreement shall take effect on October 1, 2007, but not sooner than receipt of required affirmative written approval of 2/3 of the Members participating in the Authority's risk management program(s), and who are signatory to the Fifth Amended and Restated JPA Agreement. Section 4. Other Actions. The Authorized Officers of the Governing Body are each hereby authorized and directed to execute and deliver any and all documents which they may deem necessary in order to consummate the transactions authorized hereby and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 5. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND ADOPTED this _ day of 2007 by the following vote: AYES: NOES: ABSENT: Secretary of Governing Body Title: -2- Resolution Approving 6th Amended JPA.DOC - 0 SIXTH AMENDED JOINT POWERS AGREEMENT RELATING TO THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY Adopted August 1, 1986 15` Amended February 5, 1988 2 °d Amended March 31,1990 3rd Amended July 1, 1993 4`h Amended February 9, 1998 51h Amended and Restated - Approved March 24, 2003 - Effective July 1, 2003 6th Amended October , 2007 JOINT POWERS AGREEMENT - TABLE OF CONTENTS Poicle1, Definitions .......................................................................................... ..............................2 AkAicle2, Purposes .............................................................................................. ..............................3 P.ricle 3. Parties to Agreement ........................................................................... ..............................4 P.tticle 4. Term of Agreement ............................................................................. ..............................4 _ P.nicle 5. Creation of Authority ........................................................................... ..............................4 — Paicle6. Powers of Authority ............................................................................ ..............................4 Article 7. Board of Directors .............................................................................. ..............................6 Article 8. Compliance with the Brown Act ........................................................ ..............................6 A cle 9. Powers of the Board of Directors ....................................................... ..............................6 Article 10. Officers of the Authority ................................................................... ..............................8 Article I I. Provision for Bylaws ........................................................................ ..............................8 Article12. [ Reserved] ......................................................................................... ..............................8 A.ricle 13. Coverage Programs ........................................................................... ..............................9 Article 14. Implementation of the Programs ....................................................... ..............................9 Article 15. Accounts And Records ..................................................................... ..............................9 Article 16. Services Provided by the Authority ................................................... .............................10 Article 17. Responsibilities of Members ............................................................. .............................10 Article18. New Members .................................................................................... .............................11 Article19. Withdrawal ......................................................................................... .............................11 Article 20. involuntary Terminatinn .................................................................... .............................12 A.rdcle 21. Effect of Withdrawal or Involuntary Termination ............................. .............................13 Article 22. Termination and Distribution; Assignment ....................................... .............................13 A.rticle 23. Enforcement ....................................................................................... .............................14 Article 24. Nonliability of Directors, Officers and Employees ........................... .............................14 Article 25. Provisions Relating to CSDA ............................................................ .............................14 Article26. Notices ......................................................................:........................ .............................15 Article27. Amendment ....................:................................................................... .............................15 Article 28. Prohibition Against Assignment ........................................................ .............................15 Article 29. Agreement Complete ......................................................................... .............................15 Article30. Counterparts ............:.......................................................................... .............................15 Article 31. California Law ................................................................................... .............................15 Article32. Severability ........................................................................................ .............................15 Article 33. Effective Date .................................................................................... .............................15 S4)RMA 6ih Amended JPA Effective October , 2007 SIXTH AMENDED JOINT POWERS AGREEMENT RELATING TO THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY THIS SIXTH AMENDED JOINT POWERS AGREEMENT (the "Agreement ") is made and entered into by and among the public agencies (the "Members ") organized and existing under the laws of the State of California, which are signatories to this Agreement. RECITALS WHEREAS, California Government Code Section 6500 et seq. (the "Act") provides that tN2vo or more public agencies may by agreement jointly exercise any power common to the. contracting parties; and. WHEREAS, California Labor Code Section 3700(c) permits pooling by public agencies of self insurance for Workers' Compensation liability; and WHEREAS, California Government Code Section 990.4 provides that a local public entity may self - insure, purchase insurance. through an authorized carrier, purchase insurance through a surplus line broker, or any combination of these; and WHEREAS, California Government Code Section 990.8 provides that two or more local entities may, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4; and WHEREAS, the parties to this Agreement desire to join together for the purposes set forth in Article 2 hereof, including establishing pools for self- insured losses and purchasing .Excess or Re- Insurance and administrative services in connection with joint protection programs (the "Programs ") for members of the California Special Districts Association ( "CSDA" ); and WHEREAS, it appears economically feasible and practical for the parties to this Agreement to do so; and WHEREAS, the Members have previously executed that certain Fifth Amended and Restated Joint Powers Agreement (the "Original JPA "), which Original JPA the Members desire to amend and restate by this Agreement; provided that such amendment and restatement shall not affect the existence of the Authority; and WHEREAS, CSDA exists to assist and promote special districts, and has been ,�esponsible for the original creation of the Special.District Risk Management Authority ("_Authority") and Special District Workers Compensation Authority (` SDWCA"), and determined the consolidation of SDWCA and the Authority on July 1, 2003 was in the best interests of special districts and other public agencies throughout the State. SDRMA 6" Amended JPA' 1 Effective October , 2007 NOW THEREFORE, for and in consideration of all of the mutual benefits, covenants and agreements contained herein, the parties hereto agree as follows: Article 1. Definitions. The following definitions shall apply to the provisions of this agreement: "Act" means Articles 1 through 4 (commencing with Section 6500) of Chapter 5, L- hvision 7, Title 1 of the California Government Code, as- amended or supplemented. "Alliance Executive Council" means the council organized pursuant to the MOU. "Assessment" means an additional amount, in addition to the Member's or Former Member's original contribution, which the Board of Directors determines in accordance herewith andlor with the Bylaws that a Member or Former Member owes on account of its participation in • Program for a given Program year. "Authority" shall mean the Special District Risk Management Authority created by the original version of this Agreement. "Board of Directors" or "Board" shall mean the governing body of the Authority. "Bylaws" means the Bylaws of the Authority adopted by the Board of Directors, as they may be amended from time to time. "Chief Executive Officer" shall mean that employee of the Authority who is so appointed by the Board of Directors. "Claim" shall mean a demand made by or against a Member or Former Member which is or may be covered by one of the Programs approved by the Board of Directors. "Contribution" means the amount determined by the Board of Directors to be the appropriate sum which a Member should pay at the commencement of or during the Program Year in exchange for the benefits provided by the Program. "Coverage Documents" shall mean the Declarations, Memorandum of Coverages, Coverage Agreements, Endorsements, Policies of Insurance or any other documents that provide the terms, conditions, limits and exclusions of coverage afforded by a Program. "CSDA" means the California Special Districts Association. "District" shall mean a special district, public agency or public entity within the State of California which is both a Member of the CSDA and a signatory to this Agreement. "Duly Constituted Board Meeting" shall mean any Board of Directors meeting noticed and held in the required mannntreand at which a Quorum was determined to be presetat at the beginning of the meeting. SDRMA 6" Amended 7PA 2 Effective October , 2007 0 "Estimated Contribution" means the amount which the Board of Directors estimates will bethe appropriate contribution for a Member's participation in a Program for a Program Year. "Excess or Re- Insurance" shall mean that insurance which may be purchased on behalf of tyre Authority and /or the Members to protect the funds of the Members or Former Members against catastrophic losses or an unusual frequency of losses during a single year in excess of the self- insurance retention maintained by the Authority. "Fiscal Year" shall mean that period of twelve months which is established as the fiscal year of the Authority. "Former Member" shall mean a District which was a signatory to the Agreement but iAlhich has withdrawn from, or been involuntarily terminated from participating in, the Authority. "Joint Protection Program" means a Program offered by the Authority, separate and distinct from other Programs, wherein Members will jointly pool their losses and claims, jointly purchase Excess or Re- Insurance and administrative and other services, including claims adjusting, data processing, risk management consulting, loss prevention, legal and related services. "Member" shall mean a signatory to this Agreement, which is qualified as a Member under the provisions of this Agreement and the Bylaws. "MOU" means the Memorandum of Understanding - Alliance Executive Council, dated as of September 20, 2001, among the Authority, CSDA, the CSDA' Finance Corporation and S DWCA. "Program" or "Programs" means the specific type of protection plan as set forth in the terms, conditions and exclusions of the Coverage Documents for self - insured losses, and the pi.irchasing of Excess or Re- Insurance and administrative services. "Program Year" shall mean a period of time, usually 12 months, determined by the Board of Directors, in which a Program is in effect. "Retained Earnings," as used herein, shall mean an equity account reflecting the accumulated earnings of a Joint Protection Program. "SDWCA" means the Special Districts Workers Compensation Authority, and its successors or assigns. Article 2. Purposes. This Agreement is entered into by the Members pursuant to the provisions of California Government Code section 990, 990.4, 990.8 and 6500 et seq. in order to provide, subject to the provisions of the Coverage Documents, economical public liability and workers' compensation coverage, or coverage for other risks which the Board of Directors may determine Additional purposes are to reduce the amount and frequency of losses, and to decrease the cost incurred by Members in the handling and litigation of claims. These purposes shall be SDRMA 6ih Amended JPA 3 Effective October , 2007 0 aaomplished through the exercise of the powers of such Members jointly in the creation of a separate entity, the Special District Risk Management Authority (the "Authority "), to establish and administer Programs as set forth herein and in the Bylaws. It is also the purpose of this Agreement to provide, to the extent permitted by law, for the inclusion, at a subsequent date, and subject to approval by the Board of Directors, of such etdlitional Members organized and existing under the laws of the State of California as may ciesire to become parties to the Agreement and Members of the Authority. Article 3. Parties to Agreement. Each party to this Agreement certifies that it intends to and does contract with all other parties who are signatories to this Agreement and, in addition, with such other parties as may later be added as parties to and signatories of this Agreement pursuant to Article 18. Each party to this Agreement also certifies that the withdrawal from or cancellation of membership by any Member, pursuant to Articles 19 and 20 or otherwise, shall riot affect this Agreement nor such party's intent, as described above, to contract with the other remaining parties to the Agreement. Article 4. Term of Agreement. This Agreement shall become effective as to existing Dvlembers of the Authority as set forth in Article 33 hereof. This Agreement shall continue thereafter until terminated as hereinafter provided. This Agreement shall become effective as to each new Member upon: (i) approval of its membership by the Board of Directors, (ii) the execution of this Agreement by the Member, and (iii) upon payment by the Member of its initial Contribution for a Program. Any subsequent amendments to the Agreement shall be in accordance with Article 27 of this Agreement. Article 5. Creation of Authority. Pursuant to the Act, there is hereby created a public entity separate and apart from the parties hereto, to be known as the Special District Risk management Authority. Pursuant to Section 6508.1 of the Act, the debts, liabilities and obligations of the Authority, including but not limited to, debts, liabilities and obligations of any of the Programs shall not constitute debts, liabilities or obligations of any party to this Agreement or to any Member or Former Member. The Authority is not an insurer, and the coverage programs offered by the Authority do not provide insurance, but instead provide for pooled joint protection programs among the members of the Authority. The Joint Protection Programs offered by the Authority constitute negotiated agreements among the Members which are to be interpreted according to the principles of contract law, giving full effect to the intent of the Members, acting through the Board of Directors in establishing the Programs. Article 6. Powers of Authority. (a) The Authority shall have all of the powers common to Members and is hereby authorized to do all acts necessary for the exercise of said common powers, including, but not limited to, any or all of the following: (1) to make and eater into contracts, including the power to accept 14e assignment of contracts or other obligations which relate to the purposes of the Authority, or which were entered into by a Member or Former SDRMA 6'" Amended JPA 4 Effective October, 2007 Member prior to joining the Authority, and to make claims, acquire assets and incur liabilities; (2) to accept an assignment from SDWCA of all its assets, obligations and liabilities prior to the dissolution of SDWCA (including claims and contracts in existence prior to such dissolution) in order to benefit the Members or Former Members participating in the SDWCA workers compensation program; provided, that except for the fair and equitable allocation of administrative and overhead expenses, funds from such assignment shall not be co- mingled and shall be separately accounted for as provided for in this Agreement and the Bylaws. (3) to incur debts, liabilities, or other obligations, including those which are not debts, liabilities or obligations of the Members or Former Members, or any of them; (4) to charge and collect Contributions and Assessments from Members or Former Members for participation in Programs; (5) to receive grants and donations of property, funds, services and other forms of assistance from persons, firms, corporations and governmental entities; (6) to acquire, hold, lease or dispose of property, contributions and donations "of property and other forms of assistance from persons; firms, corporations and governmental entities (7) to acquire, hold or dispose of funds, services, donations and other forms of assistance from persons, firms, corporations and governmental entities; (8) to employ agents and employees, and/or to contract for such services; (9) to incur debts, liabilities or other obligations to finance the Programs and any other powers available to the Authority under Article 2 or Article 4 of the Act; (10) to enter into agreements for the creation of separate public entities and agencies pursuant to the Act; (11) to sue and be sued in its own name; (12) to exercise all powers necessary and proper to carry out the terms and provisions of this Agreement (including the provision of all other appropriate ancillary coverages for the benefit of the Members or Former Members), or otherwise author ;zed by law or the acct; and (13) to exercise all powers and perform all acts as otherwise provided for in the Bylaws. SDRMA 6" Amended 7PA 5 Effective October , 2007 (b) Said powers shall be exercised pursuant to the terms hereof, in the manner provided b y law and in accordance with Section 6509 of the Act. The foregoing powers shall be subject to ttie restrictions upon the manner of exercising such powers pertaining to the Member or Former Dvienber designated in the Bylaws. Article 7. Board of Directors. Subject to the limitations of this Agreement and the laws o f the State of California, the powers of this Authority shall be vested in and exercised by, and its property controlled and its affairs conducted by, the Board of the Authority, which is hereby established and designated as the agency to administer this Agreement pursuant to Section 6506 o f fae Act. The powers of the Authority shall be exercised through the Board of Directors, who rrxw, from time to time, adopt and modify Bylaws and other rules and regulations for that purpose and for the conduct of its meetings as it may deem proper. The officers of the Board steal be as set forth in the Bylaws. So long as the MOU has not been terminated or the Authority has not withdrawn from the MOU, the Board of Directors shall be composed of seven (7) directors elected by the Member . entities who have executed the current operative Agreement and are participating in a Joint Protection Program. The terms of directors, procedures for election of directors, procedures for rrreetings and provisions for reimbursement of Director expenses shall be as set forth in the Bylaws. Each Member of the Board of Directors shall have one vote. Each Member of the Board shall serve as set forth in the Bylaws. So long as the Authority is a participant in the MOU, the Board of Directors of the Authority shall appoint three (3) members of its board to serve as members of the Alliance Executive Council. No member of the Board of Directors of the Authority shall serve as a director on any other board of directors of an entity or organization that is a signatory to the N[OU during the term of the MOU. In the event a director is elected to such a board, that director shall immediately resign from the Board of Directors of the Authority. In the event SDRMA withdraws from the MOU, the Board of Directors of the Authority shall consist of those seven (7) Directors who hold seats on the Authority's Board of Directors at the time of the withdrawal and who were duly appointed by the Board, or elected or re- elected by the Member entities of SDRMA plus the additional directors appointed by CSDA as provided in Article 25. Article 8. Compliance with the Brown Act. All meetings of the Board, including, without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, California Government Code Section 54950 et seq. Article 9. Powers of the Board of Directors. The Board of Directors shall have such powers and functions as provided for pursuant to this Agreement and the Bylaws and such additional powers as necessary or appropriate to fulfill the purposes of this Agreement and the Bylaws, including, but not limited to, the following: , (a) to determine details of and select the Program or Programs to be offered, from time to time, by the Authority; SDRMA 6'h Amended JPA 6 Effective October , 2007 O (b) to determine and select all insurance, including Excess or Re- insurance, necessary to carry out the programs of the Authority; (c) to contract for, develop or provide through its own employees various services for the Authority; (d) to prepare or cause to be prepared the operating budget of the Authority for each fiscal year; _ (e) to receive and act upon reports of committees and from the Chief Executive Officer; (f) to appoint staff, including a Chief Executive Officer, and employ such persons as the Board of Directors deems necessary for the administration of this Authority; (g) to direct, subject to the terms and conditions of the Coverage Documents, the payment, adjustment, and defense of all claims involving a Member during their period of membership in and coverage under a Program; (h) to fix and collect Contributions and Assessments for participation in the Programs; (i) to expend funds of the Authority for the purpose of carrying out the provisions of *the Agreement and the Bylaws as they .now exist `or may be hereafter amended; 0) to purchase excess insurance, liability insurance, stop loss insurance, officers and directors liability insurance, and such other insurance as the Authority may deem necessary or proper to protect the Program, employees of the Authority and employees of the Members; (k) to defend, pay, compromise, adjust and settle all claims as provided for in the Coverage Documents; (1) to obtain a fidelity bond in such amount as the Board of Directors may determine for any person or persons who have charge of or the authority to expend funds for the Authority; (m) to establish policies and procedures for the operation of the Authority and the Programs; (n) to engage, retain, and discharge agents, representatives, firms, or other organizations as the Board of Directors deems necessary for the administration of the Authority; (o) to enter into any and all contracts or agreements necessary or appropriate to carry out the purposes and functions of the Authority; SDRMA 6ih Amended JPA 7 Effective October, 2007 1 (p) to acquire, hold, lease, manage and. dispose of, as provided by law, any and all property necessary or appropriate to carry out the purposes and functions of the Authority; (q) to transact any other business which is within the powers of the Board of Directors; (r) to invest funds on hand in a manner authorized by law, the Agreement and the Bylaws; (s) to provide financial administration, claims management services, legal representations, safety engineering, actuarial services, and other services necessary or proper to carry out the purposes of the Authority either through its own employees or contracts with one or more third parties; (t) to exercise general supervisory and policy control over the Chief Executive Officer; (u) to establish committees and sub - committees as it deems necessary to best serve the interests of the Authority; and (v) to have such other powers and functions as are provided for pursuant to the Act, this Agreement or necessary or appropriate to fulfill the purpose of this Agreement and the Bylaws. Article 10. Officers of the Authority. The officers of the Authority shall be as set forth in the Bylaws. The Board may elect or authorize the appointment of such other officers than those described in the Bylaws as the business of the Authority may require, each of whom shall hold office for such period, have such authority and perform such duties as are provided in this Agreement, or as the Board, from time to time, may authorize or determine. Any officer may be removed, either with or without cause, by a majority of the directors of the Board at any regular or special meeting of the Board. Should a vacancy occur in any office as a result of death, resignation, removal, disqualification or any other cause, the Board may delegate the powers and duties of such office to any officers or to any Members of the Board until such time as a successor for said office has been appointed. Article 11. Provision for Bylaws. The Board shall promulgate Bylaws to govern the day -to -day operations of the Authority., The Board may amend the Bylaws from time to time as it deems necessary, and as provided in the Bylaws. Each Member shall receive a copy of any Bylaws and agrees to be bound by and to comply with all of the terms and conditions of the Bylaws as they exist or as they may be modified. The Bylaws shall be consistent with the terms of this Agreement. In the event any provision of the bylaws conflicts with a provision of this Agreement, the provision contained in this Agreement shall control. Article 12. [Reserved l. SDRIMA 6° Amended IPA 8 Effective October , 2007 0 Article 13. Coverage Programs. (a) The Authority shall maintain such types and levels of coverage for Programs as cl elerrnined by the Board of Directors. Such coverage may provide for binding arbitration before an independent arbitration panel of any disputes concerning coverage between the Authority and a Member. _ (b) The coverage afforded under one or more Programs may include protection for general liability, auto liability, property, boiler and machinery, public officials errors and omissions, employment practices, employee benefits liability coverage, employee dishonesty coverage, public officials personal liability coverage and workers' compensation, as well as coverage for other risks which the Board of Directors may determine to be advisable. More than one type of coverage may be afforded under a single Program. (c) The Board of Directors may arrange for group policies to be issued for Members, their board members and employees interested in obtaining additional coverage, at an appropriate additional cost to those participating Members. (d) The Board of Directors may arrange for the purchase of Excess or Re- Insurance. The Authority shall not be liable to any Member or to any other person or organization if such excess or teinsurance policies are terminated, canceled or non - renewed without prior notice to one or rrtore Members, or if there is a reduction in the type of coverage afforded under a program by reason of any change in coverage in a succeeding excess or reinsurance policy, even if such reduction occurs without prior notice to one or more Members. Article 14. Implementation of the Programs. The Board of Directors shall establish the coverage afforded by each Program, the amount of Contributions and Assessments, the precise cost allocation plans and formulas, provide for the handling of claims, and specify the amounts and types of Excess or Re- Insurance to be procured. The Contributions and Assessments for each Program shall be determined by the Board of Directors as set forth herein, in the Bylaws or in the operating policies established for a Program. Article 15. Accounts And Records. (a) Annual Budget. The Authority shall, pursuant to the Bylaws, annually adopt an operating budget, including budgets for each Joint Protection Program. (b) Funds and Accounts. The Authority shall establish and maintain such funds and accounts as required by the Board of Directors and as required by generally accepted accounting principles, including separate funds and accounts for each Program, including Joint Protection Programs. Books and records of the Authority shall be open to any inspection at all reasonable times by authorized representatives of Members, or as otherwise required by law. (c) Investments. Subject to the applicable provisions of any indenture t\r resolution providing for the investment of moneys held thereunder, the Authority shall have the power to invest any money in the treasury that is not required for the immediate necessities of the Authority, as the Board determines is advisable, in the same manner as local agencies pursuant to SDRMA 6`" Amended JPA 9 Effective October, 2007 0 California Government Code Sections 53601 etseq. (as such provisions may be amended or supplemented). (d) No Commingling. The funds, reserves and accounts of each Program shall not be commingled and shall be accounted for separately; provided, however, that administration and overhead expenses of the Authority not related to a specific Program or Programs may be fairly aed equitably allocated among Programs as determined by the Board of Directors. Investments and cash accounts may be combined for administrative convenience, but a separate accounting shall be made for balances of individual funds and Program revenues and expenses. (e) Annual Audit. The Board shall provide for a certified, annual audit of the accounts and records of the Authority, in the manner set forth in the Bylaws. Article 16. Services Provided by the Authority. The Authority may provide, at the sole discretion of the Board of Directors, the following services in connection with this Agreement: (a) to provide or procure coverage, including but not limited to self - insurance funds and commercial insurance, as well as excess coverage, re- insurance and umbrella insurance, by negotiation or bid, and purchase; (b) to assist Members in obtaining insurance coverage for risks not included within the coverage of the Authority; (c) to assist risk managers with the implementation of risk management functions as it relates to risks covered by the Programs in which the Member participates; (d) . to provide loss prevention and safety consulting services to Members; (e) to provide claims adjusting and subrogation services for Claims covered by the Programs; (f) to provide loss analysis and control by the use of statistical analysis, data processing, and record and file keeping services, in order to identify high exposure operations and to evaluate proper levels of self- retention and deductibles; (g) to review Member contracts to determine sufficiency of indemnity and insurance provisions when requested; (h) to conduct risk management audits relating to the participation of Members in the Programs; and (i) to provide such other services as deemed appropriate by the Board of Directors. .Article 17. Idesponsibilities of Members. Membexss or Former Members shall have the following responsibilities, which shall survive the withdrawal from, or involuntary termination of participation in, this Agreement: SI)RMA 6`h Amended 7PA 10 Effective October , 2007 (a) Each Member shall designate a person to be responsible for the risk management function within that Member and to serve as a liaison between the Member and the Authority as to risk management. (b) Each Member shall maintain an active safety officer and/or committee, and shall consider all recommendations of the Authority concerning unsafe practices and /or hazard mitigation. `(c) Each Member shall maintain its own set of records, including a loss log, in all categories .of risk covered by each Program in which it participates to insure accuracy of the Authority's loss reporting system, unless it is no longer deemed necessary by the Board of Directors. (d) Each Member shall pay its Contribution, and any adjustments thereto, and any Assessments within the specified period set forth in the invoice, or as otherwise may be set forth herein or in the Bylaws. After withdrawal or termination, each Former Member or its successor. shall pay promptly to the Authority its share of any additional Contribution, adjustments or Assessments, if any, as required of it by the Board of Directors under Article 21 or 22 of this Agreement or the Bylaws. (e) Each Member or Former Member shall provide the Authority with such other information or, assistance as may be necessary for the Authority to carry out the Programs under this Agreement in which the Member or Former Member participates or has participated. •• (f) Each Member or Former Member shall in any and all ways cooperate with and assist the Authority and any insurer of the Authority, in all matters relating to this Agreement and covered claims. (g) Each Member or Former Member will comply with all Bylaws, rules and regulations adopted by the Board of Directors. (h) Each Member shall remain a member in good standing of CSDA. Article 18. New Members. The Authority shall allow entry into its Programs of new Members only upon approval of the Board, with any conditions or limitations as the Board deems appropriate. In order to become a Member and remain a Member, any District must be a member in good standing of CSDA, shall participate in at least one (1) Joint Protection Program and shall be authorized to exercise the common powers set forth in this Agreement. Article 19. Withdrawal. (A) Any Member may voluntarily withdraw from this Agreement only at the end of any applicable Program Year and only if: (i) The Memberl-a�,- been a signatory to this Agreement for not less than -thw- (3) full Program Years as of the date of the proposed withdrawal; SDRMA 6th Amended JPA 11 Effective October , 2007 (ii) The Member submits a written withdrawal notification in accordance with the Bylaws; (iii) In order to withdraw from the agreement the member must have completed the three (3) full program year participation requirement for each Joint Protection Program the member participated in at the time of withdrawal. (B) Any Member may voluntarily withdraw from any particular Joint Protection Program; and (i) It has participated in such Joint Protection Program for at least three (3) full Program Years; (ii) it is a participant in another Joint Protection Program; and (iii) the Member submits a written withdrawal notification in accordance with the Bylaws. (C) In the event that the three year participation requirement as required by (A)(i) or (13)(i) as to any such Joint Protection Program above has not been met, for each Program the withdrawing Member participated in at the time of its withdrawal, for less than three years such withdrawing member shall be obligated to pay all Contributions and Assessments as if that Member had remained in each such Program for the full three years from the inception of its membership in the Authority. (D) In the event that the notice is not provided as required by (A)(ii) or (B)(iii) above, any such withdrawing Member shall, with respect to each Program the Member participated in, be obligated to pay any and all Contributions and Assessments for the next full Program Year. (E) A Member may withdraw from any Program (other than a Joint Protection Program) as provided by the Coverage Documents relating to such Program. (F) Withdrawal of one or more Members shall not serve to terminate this Agreement. (G) A Member may not withdraw as a party to this Agreement until it has withdrawn, as provided in the Bylaws from all of the Programs of the Authority. Article 20. Involuntary Termination. (a) Notwithstanding the provisions of Article 19, the Authority shall have the right to involuntarily terminate any Member's participation in any Program, or terminate membership in the Authority, as provided in the Bylaws. (b) _---,Notvyithstanding any other provisions of this Agreement, t113 participation of any Member of the Authority, including participation in any of the Authority's Programs, maybe involuntarily terminated at the discretion of the Board of Directors whenever such Member is dissolved, consolidated, merged or annexed. A reasonable time shall be afforded, in the -SDRMA 6th Amended JPA' 12 Effective October , 2007 discretion of the Board of Directors, to place coverage elsewhere. Any such involuntary. termination shall not relieve the Member or Former Member of its responsibilities as provided. For in Articles 17 or 21. Article 21. Effect of Withdrawal or Involuntary Termination. The withdrawal from or involuntary termination of any Member from this Agreement shall not terminate this Agreement, and such Member, by withdrawing or being involuntarily terminated, shall not be entitled to payment, return or refund of any Contribution, Assessment, consideration, or other property paid, or donated by the Member to the Authority, or to any return of any loss reserve contribution, or to any distribution of assets (except payment of any Retained Earnings, as set forth in the following paragraph). The withdrawal from or involuntary termination of any Member after the effective date of any Program shall not terminate its responsibility to pay its unpaid Contribution adjustments, or Assessments to such Program. The Board of Directors shall determine the final amount due from the Member or Former Member by way of contribution or assessments, if any, or any credit. due on account thereof, to the Member or Former Member for the period of its participation. Such determination shall not be made by the Board of Directors until all Claims, or other unpaid liabilities, have been finally resolved. In connection with this determination, the Board of EPirectors may exercise similar powers to those provided for in Article 22(b) of this Agreement, or as otherwise set forth in the Bylaws. Upon such withdrawal from or cancellation of participation in any Program by any Member, said Member shall be entitled to receive its pro rata share of any Retained Earnings declared by the Board of Directors after the date of said Member withdraws or is involuntarily terminated. Article 22. Termination and Distribution; Assignment. (a) This Agreement may be terminated any time with the written consent of two - thirds of the voting Members; provided, however, that this Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, distribution of net assets and all other functions necessary to wind up the affairs of the Authority. (b) The Board of Directors is vested with all powers of the Authority for the purpose of winding up and dissolving the business affairs of the Authority. These powers shall include the power to require Members or Former Members, including those which were signatory hereto at the time the subject Claims arose or was /were incurred, to pay any Assessment in accordance with loss allocation formulas for final disposition of all Claims and losses covered by this Agreement or the Bylaws. A Member or Former Member's Assessment shall be determined as s(.t forth in the Bylaws or the applicable Coverage Documents. (c) Upon termination of a Program, all net assets of such Program other than Retained Earnings shall be distributed only among the Members that are participating in such Program at the time of termination, in accordance with and proportionate to their cash payments (including Contributions, adjustments, As ssments and other property at market value when J received) made during the term of this Agreement for such Program. The Board of Directors shall determine such distribution within six (6) months after disposal of the last pending Claim or loss covered by such Program, or as otherwise set forth in the Bylaws. SDRMA 6" Amended JPA 13 Effective October, 2007 0 (d) Upon termination of this Agreement all net assets of the Authority, other than of any Program distributed pursuant to (c) above, shall be distributed only among the Members in gcud standing at the time of such termination in accordance with and proportionate to their cash contributions and property at market value when received. The Board of Directors shall d.e!ermine such distribution within six (6) months after disposal of the last pending Claim or loss covered by this Agreement, or as otherwise set forth in the Bylaws. _ (e) In the event the Board of Directors is no longer able to assemble a quorum, the _ Chief Executive Officer shall exercise all powers and authority under this Article. The decision (>f the Board of Directors or Chief Executive Officer under this Article shall be final. (f) In lieu of terminating this Agreement, the Board, with the written consent of two - daitds of the voting Members, may elect to assign and transfer all of the Authority's rights, assets, liabilities and obligations to a successor joint powers authority created under the Act. Article 23. Enforcement. The Authority is hereby granted authority to enforce this Xgreement. In the event action is instituted to enforce the terms of this Agreement, the Bylaws and/or any policies and/or procedures of the Board of Directors and the nondefaulting party(s) should employ attorneys or incur other expenses for the collection of moneys or the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party(s) herein contained, the defaulting party agrees that it will on demand therefore pay to the nondefaulting party(s) the reasonable fees of such attorneys and such other expenses so incurred by the nondefaulting party(s). Article 24. Nonliability of Directors Officers and Employees. The Board of Directors, and the officers and employees of the Authority, including former directors, officers and employees, shall not be liable to the Authority, to any Member or Former Member, or to any other person, for actual or alleged breach of duty, mistake of judgment,. neglect, error, misstatement, misleading statement, or any other act or omission in the performance of their duties hereunder; for any action taken or omitted by any employee or independent contractor; for loss incurred through the investment or failure to invest funds; or for loss attributable to any failure or omission to procure or maintain insurance; except in the event of fraud, gross negligence, or intentional misconduct of such director, officer or employee. No director, officer or employee, including former directors, officers and employees, shall be liable for any action taken or omitted by any other director, officer or employee. The Authority shall defend and shall indemnify and hold harmless its directors, officers and employees, including former directors, officers and employees, from any and all claims, demands, causes of action, and damages arising out of their performance of their duties as such directors, officers or employees of the Authority except in the event of fraud, gross negligence, corruption, malice or intentional misconduct, and the funds of the Authority shall be used for such purpose. The Authority may purchase conventional insurance to protect the Authority, and its participating Members or Former Members, against any such acts or omissions by its directors, officers and employees, including former directors, officers and employees. Article 25. Provisions Relating to CSDA. It is agreed and understood the mandatory membership in CSDA provision in Article 18 is in consideration of CSDA's exclusive endorsement of SDRMA's programs as they exist or may be modified. CSDA and the Authority ,DRMA 6" Amended JPA 14 Effective October, 2007 0 may from time to time exchange services or enter into separate service agreements pursuant to 55ection 6505 of the Act, including, but not limited to, services relating to educational programs, rnarketing, web -site graphics and conferences. So long as the Authority is a. participant in the MOU, the Board of the Authority shall appoint three members of the Board to serve as members of the Alliance Executive Council. In the event the MOU has been terminated or the Authority has withdrawn from the MOU, the c:omtposition of the - Authority Board of Directors shall be increased by—two (2) additional clirectors to be appointed by CSDA. CSDA appointees shall be a director serving on the CSDA E3oa.rd of Directors and said director(s) shall be a member of an agency who is a signatory to the c:utrent SDRMA Joint Powers Agreement. CSDA shall be a third party beneficiary to Sections 18, 25, 27 of this Agreement. Article 26. Notices. Notices to Members or Former Members hereunder shall be sufficient if delivered to the principal office of the respective Member or Former Member. Article 27. Amendment. This Agreement may be amended at any time by a two - thirds vote of the Members; provided, that any amendment to Article 18, Article 25, or Article 27 shall require the prior written consent of CSDA. The Bylaws may be amended as provided therein. Upon the effective date of any validly approved amendment to this Agreement, such amendment shall be binding on all Members. Article 28. Prohibition Against Assignment. No person or organization shall be entitled to assert the rights, either direct or derivative, of any Member or Former Member under any coverage agreement or memorandum. No Member or Former Member may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any Member or Former Member shall have any right, claim or title or any part, share, interest, fund, contribution or asset of the Authority. Article 29. Agreement Complete. The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. This Agreement supersedes and replaces the Fifth Amended Joint Powers Amendment. Article 30. Counterparts. This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document. Article 31. California Law. This Agreement shall be governed by the laws of the State of California. Article 32. Severability. Should any part, term or provisions of this Agreement be determined by any court of component jurisdiction to be illegal or in conflict with any law of the State of California or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affect thereby. Article 33. Effective Date. This Agreement shall become effective as to existing Members of the Authority on the date on which the last of two- thirds of such Members have executed this Agreement. SDPMA 6" Amended JPA 15 Effective October, 2007 IN WITNESS WHEREOF, the parties hereto have first executed this Agreement by authorized officials thereof on the date indicated below: Acknowledgement: 1 <m Sonksen, President _ Board of Directors SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY Date I hereby certify this Amended Joint Powers Agreement has also received the required approval o:fnot less than two- thirds of the Member entities then parties to the Fifth Amended Joint Powers A.greement. Janes W. Towns, Chief Executive Officer SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY SI)RMA 6ih Amended JPA 16 Date Effective October . 2007 EXECUTION BY MEMBER -Re Amended and Restated Joint Powers Agreement of the Special District Risk Management Authority, has been approved by the Board of Directors of the Member listed below, on the date shown, and said Member agrees to be subject to all of the terms and conditions set forth in said Agreement. F-aity E3y. President Clerk EXECUTION BY AUTHORITY The Special District Risk Management Authority (the "Authority "), operating and functioning pursuant to this Sixth Amended Joint Powers Agreement, hereby accepts the entity named above as a participating member in the Authority, subject to all of the terms and conditions set forth in this Sixth Amended Joint Powers Agreement and in the Bylaws, effective as of SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY By: Ken Sonksen, President Board of Directors Date: M SDRMA 6" Amended JPA 17 Effective October , 2007 EastValley Water District «xr�.�. IRMO VITAL INFORMATION ON WATER AND WASTEWATER SERVICE 2006 Consumer Confidence Report This brochure is a summary of the quality of the water that East Valley Water District (EVWD) provided to its customers last year. Included are details about where the water comes from, what it contains, and how it compares to State and Federal Standards. In our continuing effort to keep our water customers informed, we are providing you with updated information because well informed customers are our best allies. If, after reading this report, you have any questions, please call our Engineering Department at 909 - 888 -8986, and ask for Ron Buchwald, District Engineer. En Espanol: Este informe contiene informac6n muy importante sobre su agua (potable) de beber. Traddzcalo 6liable con alguien que to entienda bien. Last year, as in years past, your tap water met all United States Environmental Protection Agency (USEPA) and State drinking water health standards. East Valley Water District vigilantly safeguards its water supplies. We are proud to report that our system has never exceeded a Maximum Contaminant Level (MCL) or violated any other water quality standard. East Valley Water District currently services more than 70,000 residents within our 30 square mile service area through 272 miles of water mains. We have several high quality water sources from which we serve our cus- tomers. Those sources include the Santa Ana River, Mill Creek, the Bunker Hill Groundwater Basin, and the City of San Bernardino domestic water system. During dry years, when the water supplies mentioned above are short, EVWD has yet another alternative. We can obtain water from the State Water Project through the San Bernardino Valley Municipal Water District. East Valley Water District draws water from the Bunker Hill Groundwater Basin through nineteen active ground- water wells. These wells are scattered throughout the District from the wilderness east of Cone Camp Road (Plant 125) to our Park site at Lynwood Drive and Harrison Street (Plant 24); from the McDaniel Well (Plant 141) on Third Street to Mountain Avenue and Marshall Boulevard (Plant 25). By the summer of 2007, a new well will be drilled, tested and equipped and will be another source added to the system. We also have two groundwater wells that are currently inactive due to various water quality issues. (East Valley Water District is actively pursuing rehabilitation of these two wells through testing and treatment technologies). Another high quality water source is the Santa Ana River, which originates in the San Bernardino Mountains. It is diverted for our use at a point east of the Seven Oaks Dam, picked up at Southern California Edison s SAR #3 Hydroelectric Plant, and transported via the North Fork Canal to our Philip A. Disch Surface Water Treatment Plant. Water from the City of San Bernardino domestic water system is received a ur Plant 107 Well site (Citrus St., between Mountain Ave. nd Loma Ave.). The City's water is blended with our ater to reduce the nitrate levels produced by our Well 107. Before blending, the maximum nitrate level at Well 107 was 50 parts per mil- lion (ppm) compared to a MCL of 45 ppm. Once blended with the City's water, the nitrate level at Well 107 is decreased to a safe, and manageable, 38 ppm or less. We also obtain Northern California water that is made available to us through the State Water Project which is managed by the State Department of Water Resources and the San Bernardino Valley Municipal Water District. Regional water, acquired from the Santa Ana River and the Bunker Hill Groundwater Basin, is the preferred source of water for the community. Our Board of Directors meet on the second and fourth Tuesday of every month at 2:00 p.m. The meetings are held at 3654 E. Highland Avenue, Suite 12, near the main office. Please feel free to participate in these meetings. Continued on page 2 2006 CONSUMER CONFIDENCE REPORT 2006 Consumer Confidence Report Continued In general, the sources of all drinking water (both tap and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioac- tive material. It can also pick up substances resulting from the presence of animals or from human activity. CONTAMINANTS THAT MAY BE PRESENT IN SOURCE WATER INCLUDE: Microbial contaminants such as viruses and bacteria, may come from sewage treatment plants, septic systems, agricultural livestock operations or wildlife. Radioactive contaminants can be naturally occurring or be the result of oil and gas production and mining activities. Inorganic contaminants, such as salts and metals, can be naturally occurring or result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas production, mining or farming. Pesticides and herbicides may come from a variety of sources, such as agriculture, urban storm water runoff, and residential uses. Organic chemical contaminants, including synthetic and volatile organic chemicals, are byproducts of industrial processes and petroleum production, and can also come from gas stations, urban storm water runoff, agricultural application and septic systems. Water Quality Data Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The table below lists all the drinking water contaminants that we detected in our water system during the 2006 calendar year. The presence of these con- taminants in the water does not necessarily mean that the water poses a health risk. Unless otherwise noted, the data presented in this table is from testing done from January 1st - December 31st, 2006. The state requires us to monitor our water for certain contaminants less than once per year because the concentrations of these contami- nants are not expected to vary significantly from year to year. Some of the data, though representative of the water quality, is more than one year old. More informa- tion about contaminants and potential health effects can be obtained by calling the USEPA's Safe Drinking Water Hotline (1 -800- 426 -4791) or visiting their website at www.epa.gov/safewater/dwhealdi.htrnl. TEST RESULTS: Table 1— Analysis Results /Regulated Contaminants mlisrobiological`Contriminants= Sample MCL PHG Average Unit Range of Violation Likely Source of Contamination Date (MCLG) Level of Detection Turbidity 2006 TT =1NTU N/A 0.2 0.02 -0.2 Detected Meas. Soil runoff Yes No Total Coliform Bacteria 2006 >5 0 A Presence o-P 2006 X Naturally present in the environment 0.2 0.04 -0.16 Presence X P) or to samples per month sane (A) 2 -P permonth Fecal Coliform and E. Coli 2006 >1 0 A Presence A X Human /Animal Waste or Absence Turbidity ground water 2006 5 N/A 0.14 NTU 0.1 -1.5 X Soil runoff Heterotrophic Plate Count 2006 500 0 1 1 colenldml 0-96 X Naturally present in the environment Surface WaterTurbiAtty Samtee MCL MCLG Highest Range Violation Likely Source of Contamination Found Yes No Turbidity 2006 TT =1NTU N/A 0.2 0.02 -0.2 X Soil runoff 2006 TT = 95% of N/A 0.2 0.04 -0.16 X Samples<0.3 MU Radioge6ve Cpotemmants .. Sample Date MCL PHG/ MCLG Average nit f eas. Range of Detection Violation Yes No Likely Source of Contamination Gross Alpha Particle Activity` 2006 15 0 ft1pCl/L i /L 6.88-15 Date X Decay of natural & man -made deposits Natural Uranium'" 2006 20 0.43 Meas. i /L 8.56 -23 15 X Decay of natural & man -made deposits Radon (see explanation under "Radon ") 1999 None None 78-150 i /L 320-3870 Erosion of natural deposits: Residue from X Decay of natural & man -made deposits Combined Radon 2006 5 0 i /L 1 0.0 -1.17 some surface water treatment processes X I Erosion of natural deposits 'When Cross Alpha p article activity exceeds 5.0 pCi /L analyze for uranium. If cranium exceed 20 pCi /L then monitor for four quarters. If average of four quarters is <20 then calculate gross alpha minus uranium Counting Error (CE) pCi /L. If result is less than 15 pCi /L then you are in Radium MCL compliance. East Valley Water District is well within standards after analysis calculations. Inorganic Conteminanbi ', Sample MCL PHG/ Average Unit Range of Violation Likely Source of Contamination Date Date Samples MCLG Level of Detection Date AL Taken Detection AL Detected Meas. Lead Yes No 15 Aluminum (surface water only) 2006 1000 600 102 ppb 78-150 2006 X Erosion of natural deposits: Residue from 8.7 ppb 6.8 -10.4 plumbing systems; Discharges from By- product of drinking water some surface water treatment processes Arsenic 2006 10 0.004 0.15 ppb 0 - 2.1 2006 X Erosion of natural deposits: Runoff from 5.6 ppb natural deposits Copper 2006 1.3 58 0.819 0 orchards, glass and electronics production X Internal corrosion of household water chlorination Chlorine 2006 MRDL wastes Fluoride (Temperature 2006 2 1 0.61 ppm 0.1 -1.6 X Erosion of natural deposits: Water additive dependent / naturally occurring)' disinfectant added for deposits; Leaching from wood preservatives that promotes strong teeth; Discharge from treatment Yolatfte Orgeoro:Confinpmants;> fertilizer and aluminum factories Nitrate (as Nitrate) 2006 45 45 22.6 ppm 1.7-41 X Runoff and leaching from fertilizer (MCLG) Level (as Nilr&) (as Nitrate) use; Leaching from septic tanks Detected Meas. Yes No Tetrachloroethylene (PCE) 2006 5 0 and sewage; Erosion of natural deposits 'East Valley Water District was granted a variance in 1996 from Department of Health Services for fluoride, raising the MCL to 3.0 ppm for bast vauey water District Well #39. We have since (2003) added a blending facility which has continuously diluted the fluoride level to less than 2.0ppen. Lead & 'Copper,.. ' " Sample Action # 90th # Samples Violation Likely Source of Contamination pnorganicConteminanis) Date Uvelppm Samples Percentile Exceeding Detection Date AL Taken Detection AL Yes No Lead 2006 15 58 0.049 0 X Internal corrosion of household water THM4 (Total Trihalomethanes) 2006 80 1 N/A 8.7 ppb 6.8 -10.4 plumbing systems; Discharges from By- product of drinking water industrial manufacturers; Erosion of chlorination HAA5 (Haloacetic Acids) 2006 60 N/A 5.6 ppb natural deposits Copper 2006 1.3 58 0.819 0 X Internal corrosion of household water chlorination Chlorine 2006 MRDL MRDL plumbing systems; Discharges from indus- ppm 0 -1.0 X Drinking water 4.0 trial manufacturers, erosion of natural disinfectant added for deposits; Leaching from wood preservatives (as CI=) treatment Yolatfte Orgeoro:Confinpmants;> Sample MCL PHG Average Unit Range of Violation Likely Source of Contamination Date (MCLG) Level of Detection Detected Meas. Yes No Tetrachloroethylene (PCE) 2006 5 0 0.16 ppb 0-1.6 X Discharge from factories, dry cleaners, auto shops metal degreaser) Ui'sfnfeciran ByPtoducts,:Disim THM4 and HAA5 results are calculated based on a running ferfani Residuals, Aod,Drsinfecif re quarterly average per CA Department of Health By- Products Precursors Services Drinking Water Standards FEDERAL RULE Sample MCL PHG Average Unit Range of Violation Likely Source of Contamination Date (MCLG) Level of Detection Detected Meas. Yes No THM4 (Total Trihalomethanes) 2006 80 1 N/A 8.7 ppb 6.8 -10.4 X By- product of drinking water chlorination HAA5 (Haloacetic Acids) 2006 60 N/A 5.6 ppb 3.9 -9.7 X By- product of drinking water chlorination Chlorine 2006 MRDL MRDL 0.58 ppm 0 -1.0 X Drinking water 4.0 4.0 disinfectant added for (as Clt) (as CI=) treatment 2006 CONSUMER CONFIDENCE REPORT Nitrate in drinking water at levels above 45 ppm is a health risk for infants less than six months of age. Such nitrate levels in drinking water can interfere with the capacity of the infant's blood to carry oxygen, resulting in a serious illness. Symptoms include shortness of breath and blueness of the skin. Nitrate levels above 45 ppm may also affect the ability of the blood to carry oxygen in other individuals, such as pregnant women and those with cer- tain specific enzyme deficiencies. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant or are pregnant, you should ask for advice from your health care provider. Tetrachloroethylene (PCE) in drinking water at levels above 5 parts per billion (ppb) is a health risk. Some people who use water containing tetrachloroethylene in excess of the MCL over many years may experience liver problems, and may have an increased risk of getting cancer. Radon is a radioactive gas that you cannot see, taste or smell. It is found throughout the United States. Radon can move up through the ground and into a home through cracks and holes in the foundation. Radon can build up to high levels in all types of homes. Radon can also get into indoor air when released from tap water while shower- ing, washing dishes, and other household activities. Compared to Radon entering the home through the soil, Radon entering the home through tap water will, in most cases, be an extremely small source of Radon in indoor air. Radon is a known human carcinogen. Breathing air that contains large amounts of Radon can lead to lung cancer. If you are concerned about the Radon in your home, have the air in your home tested. Testing is inexpensive and easy. You should have your home repaired if the level of Radon in your air is 4 Pico Curies per liter of air (pCi /L) or higher. There are simple ways to fix a Radon problem that are relatively inexpensive. For additional informa- tion, call your State Radon program or call USEPA's Radon Hotline (800 - 767 - 7236). Arsenic levels above 5 parts per billion (ppb) up to 10 ppb: While your drinking water meets the current USEPA standard for Arsenic, it may contain low levels of this con- taminant. The standard balances the current understand- ing of Arsenic's possible health effects against the costs of removing Arsenic from drinking water. The Department of Health Services (DOHS) continues to research the health effects of low levels of Arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems. Trihalomethanes above the Federal MCL of 80 ppb as a running annual average: Total Organic Carbon (TOC) has no health effects. However, total organic carbon provides a medium for the formation of disinfection byproducts. These byproducts include trihalomethanes (TTHM) and haloacetic acids (HAAS). Drinking water containing these byproducts in excess of the MCL may lead to liver or kidney problems, or nervous system effects, and may lead to an increased risk of cancer. EV WD has not exceeded the MCL for TTHM or HAAS, but is currently in the process of designing modifications to our Surface Water Treatment Plant to greatly reduce the production of disin- fection byproducts through a process called submerged membrane filtration. Cryptosporidium is a microbial pathogen found in sur- face water throughout the U.S. Although filtration removes Cryptosporidium, the most commonly used fil- tration methods cannot guarantee 100 percent removal. Current test methods do not allow us to determine if the organisms are capable of causing disease. Ingestion of Cryptosporidium may cause Cryptosporidiosis, which is an abdominal infection. Symptoms of infection include nausea, diarrhea and abdominal cramps. Most healthy individuals can overcome the infection within a few weeks. However, people with weak immune systems are at greater risk of developing life threatening illness. We encourage such persons to consult their doctor regarding appropriate precautions to avoid infection. Cryptosporidium must be ingested to cause infection, and it may be spread through means other than drinking water. Unregulated Contaminants — monitoring for additional contaminants helps the Environmental Protection Agency ( USEPA) and DOHS determine where certain contaminants occur and whether the contaminants need to be regulated. TEST RESULTS: Table 2— Analysis Results /Unregulated Contaminants (UMCR) Umegulated.Conteminants ' ? Sample Notification Average Unit Range Violation Likely Source of Contamination Date Level (AL) Level of of ppb Detected Meas. Detection Yes No Boron 2006 1000 500 ppb 500 X Erosion of natural deposits Vanadium 2006 50 11.5 ppb 11.5 X Erosion of natural deposits Perchlorate (see explanation) 2006 6 < 4.0 ppb < 4 -10.0 X Discharge from manufacture of solid rocket propellants; Fertilizers, etc Chromium 2006 N/A 1.1 ppm 0 -2.7 X Discharge from steel or pulp mills or chrome plating; Erosion of natural deposits Turbidity is a measure of cloudiness of the water. We monitor it because it is a good indicator of the effec- tiveness of our filtration system. Perchlorate is both a naturally occurring and man-made chemical. Most of the Perchlorate manufactured in the United States is used as the primary ingredient of solid rocket propellants, fireworks and explosives. It also has a variety of industrial uses, such as a component of air bag inflators among others. Perchlorate has been shown to interfere with uptake of iodide by the thyroid gland, and to thereby reduce the production of thyroid hormones, leading to adverse affects associated with inadequate hormone levels. Thyroid hormones are needed for normal prenatal growth and development of the fetus, as well as for normal growth and development in the infant and child. In adults, thyroid hormones are needed for normal metabolism and mental function. Perchlorate is among the unregulated chemicals requir- ing monitoring. It is "unregulated" because it has no MCL at this time. For contaminants found in drinking water that lack MCLs, the DOHS uses advisory Action Levels (ALs) to protect customers from their adverse health effects. In an effort to keep our water customers continually informed on issues that may affect them, we are follow- ing the DOHS recommendations to notify you regarding the possibility that some water containing Perchlorate at levels slightly above the new action level, will be deliv- ered through our system. Several of our wells have been found to contain this chemical at levels that exceed the State of California Department of Health Services' Action Level (AL) of 6 ppb. Concentrations in water samples from the affected wells ranged from <4.0 ppb to 10.0 ppb. These levels were found in sampling conducted in 2006, as a result of state requirements for Perchlorate monitor- ing. Although some wells have concentrations over 6 ppb, DOHS does not recommend removing them from service until the concentration levels reach 60 ppb. State law requires all public water systems to notify local governing bodies (for example, the Board of Directors or the City Council) whenever a well exceeds an Action Level or a drinking water standard. Our staff has pro- vided this information to the East Valley Water District's Board of Directors. East Valley Water District also sent this information to the Council Persons at the Cities of San Bernardino and Highland, in addition to the San Bernardino County Supervisors. Please feel free to call our District Engineer, Ron Buchwald, at 909 -888 -8986, if you have any additional questions regarding Perchlorate. Boron: The babies of some pregnant women who drink EVWD water containing Boron in excess of the notification level may have an increased risk of developmental effects, based on studies in laboratory animals. Fluoride: Since June 1995, East Valley Water District has operated under a fluoride variance, which allows the District to serve water with fluoride concentrations up to 3.0 mg /L. Under that variance, EVWD must notify its customers if the fluoride level exceeds 2.0 mg /L in any quarter. Since June 1995, EVWD has not exceeded the 2.0 mg /L level. The reason for obtaining this variance was to allow EVWD to continue using a critical production Well ( #39) that produces water with fluoride concentrations in excess of 2.0 mg /L. In January 2003, EVWD completed construction of a blending facility at Plant 39 and has been successful in blending Well 39 water down to a con- sistent concentration level of 1.5 mg /L or less. Lead: Infants and young children are typically more vul- nerable to lead in drinking water than the general popu- lation. It is possible that lead levels in your home may be higher than at other homes in the community as a result of materials used in your home's plumbing. If you are concerned about elevated lead levels in your home's water, you may wish to have your water tested. Flushing from your faucet for 30 seconds to 2 minutes before usage may lower the lead content. Additional information is available from the Safe Drinking Water Hotline (1- 800 -426- 4791). In order to ensure that tap water is safe to drink, the United States Environmental Protection Agency (USEPA) and the State Department of Health Services (DOHS) pre- scribe regulations that limit the amount of certain conta- minants in water provided by public water systems. We are required to treat our water according to the DOHS regulations (California State Department of Health Services' regulations are the same or more stringent than USEPA s regulations). DOHS regulations also establish limits for contaminants in bottled water that must pro- vide the same protection for public health. Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno- compromised individuals such as persons undergoing chemotherapy, persons who have undergone organ trans- plants, people with HIV / AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. USEPA / Centers for Disease Control (CDC) offer guide- lines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants. These guidelines are available by calling the Safe Drinking Water Hotline (1- 800 -426- 4791). 2006 CONSUMER CONFIDENCE REPORT TEST RESULTS: Table 3 — Analysis Results /General Physical Inorganic Contaminants with Secondary MCL's aTysi e "s jkyG himli Physiallno gagigCQttf l(�(rca Sample Date Secondary MCL DLR Average level Detected Unit of Meas. Range of Detection Likely Source of Contamination Hardness 2006 2 157 ppm asCaCO3 80 -250 Ground /Surface Water Calcium 2006 1.0 47 ppm 24 -87 Groundwater Magnesium 2006 1.0 9 ppm 5 -17 Groundwater Sodium 2006 1.0 31 ppm 16 -75 Groundwater Potassium 2006 1.0 2 ppm 2 -5 Groundwater Alkalinity 2006 1.0 124 ppm as CaCO3 81 -210 Groundwater Bicarbonate 2006 1.0 154 ppm 99 -260 Groundwater pH 2006 N/A 7.36 7.1 -7.8 Groundwater Specific Conductance 2006 1600 10 454 pS/cm 290 -720 Groundwater TDS (Total Dissolved Solids) 2006 1000 10 299 ppm 180 -500 Groundwater Sulfate 2006 500 0.5 52 ppm 14 -200 Groundwater Phosphate, Ortho (PO4) 2006 0.02 0.41 ppm 0 -1.3 Groundwater Chloride 2006 500 1.0 18 ppm 6 -39 Groundwater Color 2006 15 3 0 Units 0 Naturally occurring organic material Odor (Threshold) 2006 3 1.0 0.5 1 Units 0-1 Naturally occurring organic material MBAS(uetlryieneelueActiuesummnce) 2006 0.5 0.015 ppm 0 -0.09 Municipal and Industrial waste dischargesfdetergents Nickel 2006 100 1 ppb 0 -13 Discharge from Metal Factories; Erosion of natural deposits Preventing contamination is the key to keeping water supplies safe. Once a drinking water supply becomes con- taminated, a community is faced with the difficult and costly task of installing treatment facilities or locating an alternative source. You can help protect our precious water supply by disposing harmful household products and other toxic chemicals in the proper manner. Household hazardous waste includes, but is not limited to: cleaners, glues, soaps, pesticides, paints, fertilizers, medicines, chlo- rine, motor oil and batteries. Never dump these wastes Source Water Assessments — in March 2002, EV WD completed Source Water Assessments on all of our active groundwater wells. The report includes for each well, a section listing the vulnerability to activities associated with contaminants detected in water supplies. To aid in your understanding that these occurrences can further contribute to groundwater contamination, we have included the following list of potentially contaminating activities. AIRPORT — MAINTENANCE / FUELING AREA AGRICULTURAL DRAINAGE ARTIFICIAL RECHARGE PROJECTS — SPREADING BASINS AUTOMOBILE — BODY SHOPS, CAR WASHES, GAS STATIONS, REPAJR SHOPS BOAT SERVICES / REPAIR / REFINISHING CHEMICAL / PETROLEUM PROCESSING / STORAGE CONTRACTOR OR GOVERNMENT AGENCY EQUIPMENT STORAGE YARDS DRY CLEANERS FERTILIZER / PESTICIDE / HERBICIDE APPLICATION FLEET / TRUCK / BUS TERMINALS FUNERAL SERVICES / CEMETERIES GOLF COURSES HISTORIC GAS STATIONS HOUSING — HIGH DENSITY JUNK / SCRAP / SALVAGE YARDS KNOWN CONTAMINANT PLUMES LUMBER PROCESSING AND MANUFACTURING MACHINE SHOPS METAL PLATING / FINISHING / FABRICATING MILITARY INSTALLATIONS PARKING LOTS / MALLS PARKS, SCHOOLS SEPTIC SYSTEMS — HIGH DENSITY, LOW DENSITY SEWER COLLECTION SYSTEMS SURFACE WATER — STREAMS / LAKES/ RIVERS TRANSPORTATION CORRIDORS — ROAD RIGHT -OF -WAYS UNDERGROUND STORAGE TANKS — CONFIRMED LEAKING TANKS UTILITY STATIONS — MAINTENANCE AREAS WASTE TRANSFER / RECYCLING STATIONS WELLS — WATER SUPPLY, AGRICULTURAL, IRRIGATION, ABANDONED For information on specific wells, contact Ron Buchwald, District Engineer at (909) 888 -8986. down the drain, in the trash or on the ground. Instead, take them to a hazardous waste collection or recycling center. Whenever possible, reduce your use of toxic household products by switching to safer alternatives. To comply with State and Federal law, Water Production and Treatment Operators must possess and maintain valid State of California Department of Health Services certification in water treatment. Only certified employ- ees operate, monitor and regulate the wells, reservoirs and treatment plants that make up your water system. Our Water Quality Technicians must also possess and maintain state certification in water treatment. To ensure E V W D that the water you drink meets all State and Federal stan- dards for domestic drinking water, we collect and test more than 1,000 water quality samples throughout the water system each year. The employees that repair and maintain the water facilities are required to obtain and retain State of California Water Distribution Operator Certification. All of these employees are state certified in various grade levels (I -V) through a combination of col- lege -level course work in water science, years of work experience and successfully passing a State administered examination. We do all this to ensure that all water we serve meets or exceeds State and Federal standards. TERMS AND ABBREVIATIONS USED IN THE TABLES: Maximum Contaminant Level (MCL): The highest level of a con- taminant that is allowed in drinking water. Primary MCLs are set as close to the (PHGs or MCLGs) as is economically and technologi- cally feasible. Secondary MCLs are set to protect the odor, taste, and appearance of drinking water. Maximum Contaminant Level Goal (MCLG): The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLG's are set by the U.S. Environmental Protection Agency. Parts Per Million (PPM): One part per million corresponds to one minute in two years or one penny in $10,000.00. (Ten thousand dol- lars). Parts Per Billion (PPB): One part per billion corresponds to one minute In 2,000 years or one penny in $10,000,000.00. (Ten million dollars). PfcoCuries per titer (pCi /L): A measure of the radioactivity in the water. Public Health Goal (PHG): The level of a contaminant in drinking Microsiemens Per Centimeter (VS/cm): A measurement of the water below which there is no known or expected risk to health. electrolytes in the water which determines the ability of the water PHGs are set by the California Environmental Protection Agency. to conduct electrical current. Primary Drinking Water Standard (PDWS): MCLs and MRDLs are for contaminants that affect health along with their monitoring and reporting requirements, and water treatment requirements. Maximum Residual Disinfectant Level (MRDL): The level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap. Maximum Residual Disinfectant Level Goal (MRDLG): The level of a disinfectant added for water treatment below which there is no known or expected risk to health. MRDLs are set by the U.S. Environmental Protection Agency. Treatment Technique (M: A required process intended to reduce the level of a contaminant in drinking water. Regulatory Action Level (AL): The concentration of a contami- nant, which if exceeded, triggers treatment or other requirements, such as public notification, that a water system must follow. Reportable Detection Limit (DLR): The designated minimum con- centration, detected by particular analytical method that, if exceeded, must be reported to the Department of Health Services. Variances and Exemptions: Department permission to exceed an MCL or not comply with a treatment technique under certain con- ditions. N/A — Not applicable. ND — Not detected or below the detection limit for reporting. Nephelometric Turbidity Units (NTU): A measure of cloudiness. We measure turbidity because it is a good indication of the effec- tiveness of our filtration system and /or water quality. ICR: Information Collection Rule UCMR: Unregulated Contaminant Monitoring Rule PH: An expression of the intensity of the basic or acid condition of a liquid. The pH may range from 0 to 14, where 0 is most acid, 14 most basic and 7 neutral. < Means "less than ": For example <0.2 means the lowest detectable levels is 0.2 and that the contaminant was less than 0.2 and,,therefore not detected. System water. A blend of surface water and ground water. Counting Error (CE): A value, usually in %, to account for a +/- error in lab counts of specific contaminants found during analysis. DOHS: California State Department of Health Services. 2007 SOLAR CUP RACES CHALLENGES, SAN GORGONIO STUDENTS Teams from five counties and :41 high schools from Southern California competed in the three -day Solar Cup event. The competition is a. culmination of six - months of challenging work combining engineering and math skills. Students are required to build, equip and race their solar - powered boat. The competition also.involves'writing four technical reports and presenting a visual display on water related issues. Teams are sponsored with grants. of: $3,000 by local water agencies, municipalities, service clubs, and other supporters. San Gorgonio students showed teamwork and determina- tionin the competition, Unfortunately the team,experi- enced equipment problems during the race, and were unable to repair the equipment in time. "This is our first year and it has been a learning experience. Now that we know what to expect, we are going to be very competitive next year" said Chris Moorman, San Gorgonio Student Advisor. work in the competition. We're obviously very proud of the students who all worked so hard to accomplish what they did" Said Kip Sturgeon, Board; President, East Valley Water District. Presorted D East Valley First Class U.S. Postage .4Water District PAID 3654 E. Highland Avenue, Suite 18 AMPM Highland, CA 92346 P.O. Box 3427 San Bernardino, CA 92413 Kip E. Sturgeon President Edward S. Negrete Vice President George E. "Skip" Wilson Director Donald D. Goodin Director Matt LeVesque Director Robert E. Martin General Manager Brian W. Tompkins Chief Financial Officer Ron Buchwald District Engineer Office Hours: Monday - Friday 8 a.m. - 5 p.m. (909) 889 -9501 After hours emergency service (909) 889 -9501 n May 31, the Department of Water Resources stopped pumping at its State Water Project pumping plant located in the Sacramento -San Joaquin Delta. The pumps will be turned off for about 7 -10 days as a preventative measure to protect threatened Delta smelt that are currently located near the pumping plant. When water conditions allow the smelt to move to different areas, the State Water Project can resume normal operations. No Water Shortages Expected The shutdown will not create a water shortage in any areas of the state. Local water agencies are well - prepared to deal with short interruptions in service, such as this, by using other state and local surface and groundwater supplies. Still, DWR and local water agencies will be urging customers to conserve water, both in response to the shutdown and overall dry conditions in the state. Harvey O. Banks Pumping Plant, located near the city of Tracy in San Joaquin County, is shut down to protect Delta smelt Fixing the Delta: Governor Schvuarzenegger's CO to Action Multiple Causes of Delta Smelt Decline They current situation underscores that our Delta is broken and needs to be fixed. We need to protect the ecosystem and ensure reliable water supplies for our homes, businesses and farms. Right now, we are not able to do that. That is why Governor Schwarzenegger has initiated a comprehensive Delta Vision process and appointed a Blue Ribbon Task Force to recommend future actions. The governor's Strategic Growth Plan also proposes $1 billion in new funding to make the Delta more sustainable, as well as vital investments to build more surface storage and money for conservation programs. 0 DWR's actions are a prudent response to current conditions. They are intended to minimize impacts to the smelt from water operations. But they do not account for the many other likely causes of the smelt decline in the Delta including invasive species, toxicity and pesticides, diversions by other water users in the Delta. DWR is calling on other agencies responsible for activities affecting Delta smelt to take similar actions to protect the fish. June 1, 2007 nF �.`� I EXPERIENCE MODIFICATION HISTORY a 2007 Not Yet Published 2006 76% 2005 70% 2004 87% 2003 103% 2002 109% 2001 87% 2000 89% 1999 96% 1998 116% 1997 96% 1996 120% 11 June 1; 2007 6 U N N J 0 O d E U N d 0 I 9 (LIl d � O a o � o 0 o a Z � 9 O C x T K A w r r 0 0 N N O O N A a w V N d N R LU C� G z Z R LLQ P (V M N O O N J 0 3 et » (» (» w a m o < J N N O m W p nj N O O M in M N CD N O O M 6 N L6 O V O r N m N C J N 3 O t 6J P M o 0 O) D r O 9 7 r N y y O N O O O Os J � 0 0 0 c e e e O OR W 0 0 N M N O N V Q' N 'A c U O N M M M M P 9 r W OMi t0 c i O N (A N N O Q V C 0 O r (A fR fA fR fA (H M M M V O V (O A n y N O J m a (n (n (» s» vs (» (n I O N O O (00 O N c M O ro P O d M M M N M (!1 M H! FA (fl V! (A f9 M Q O W W n O 3 .E ai P w w v N o N W n N L N N N N N N a P ON N o O o P o M P LL LL M O lL n IL O LL V L O N `5 05 u5 (o N M U Em (00 Ew E cp Em EM (o O O > O 3 0 U P U P U P U P J , LLI o O O x uj w r a o 0 0 0 0 m N • O O ti O 0 O O O O R - O O ry N> N> N> ABOUT 2007y-MODIFICATION AND RATES The following quotes are subiect to: 1) Publication of your 2007 Experience Modification 2) California Workers Compensation Insurance Rating Bureau (WCIRB) has approved rate reductions and insurance carriers will be downloading their new rates for 7/1/07 within two weeks 3) . All quotes will be finalized by 6/15/07 June 1, 2007 CRUM & FORSTER/NORTH RIVER INSURANCE COMPANY A.M. Best Rating: A- XII $4.83 $7.60 7520 Water Districts $2,543,000 $7.68. $4.18 $6.57 9402 Street Cleaning $ 118,000 $7.71 $0.65 $1.03 8810 Clerical $ 840,000 $0.96 $209,673 MANUAL PREMIUM $212,464 ($ 50,322) 76% EXPERIENCE MOD 76% ($ 50,991) $159,351 STANDARD PREMIUM $161,473 ($ 9,561) 6% SCHEDULE MODIFICATION 30% ($ 48,442) ($ 16,477) 11% PREMIUM DISCOUNT 3.5% ($ 3,956) $ 250 EXPENSE CONSTANT $ 250 $ 1,050 3% TERRORISM 3% $ 1,050 $167,567 TOTAL ESTIMATED ANNUAL $110,125 $ 3,351 2.0000% CIGA 2.0000% $ 2,208 $ 659 0.3935% User Fund Assessment 0.4483% $ 495 $ 141 0.0844% Fraud Assessment 0.1643% $ 181 $ 136 0.0356% UEBT 0.0262% $ 29 $ 60 0.0812% SIBT 0.0618% $ 68 PONTpm ov *Annualized to reflect current exposure Net rates do not reflect state assessments /taxes All c, ncellations subiect to snort rate PAYMENT TERMS: 25% Deposit of $27.593.75 plus State Taxes & Fees of $2.981 totaling $30.574.75. Subject to Nine (9) Monthly Installments of $9.197.91 Please make check payable to Sander A. Kessler & Associates Our proposed coverages are not intended to replace any of the language of the actual policy forms. A complete list ofpolicy exclusions, terms and conditions will be in the actual policy. June 1, 2007 1. MAJESTIC INSURANCE COMPANY A.M. Best Rating: A- VII Net rates do not reflect state assessments /taxes All cancellations subject to short rate PAYMENT TERMS: DIRECT BILL 15% Deposit of $20,240 plus State Taxes & Fees of $3.104 totaling $23,344 (12) Monthly Payroll Reporting due by 15`h of each following month Our proposed coverages are not intended to replace any of the language of the actual policy forms. A complete list ofpolicy exclusions, terms and conditions will be in the actual policy. 10 June 1, 2007 1 Fy' 7520 Water Districts $2,543,000 $7.23 $4.88 9402 Street Cleaning $ 118,000 $7.26 $4.90 8810 Clerical $ 840,000 $0.90 $0.61 8742 Salespersons - Outside If Any $1.03 MANUAL PREMIUM $199,986 EXPERIENCE MOD 2006 76% ($ 47,997) STANDARD PREMIUM $151,989 SCHEDULE MODIFICATION 5% ($ 7,599) SCHEDULED RATING DEBIT 5% $ 7,220 PREMIUM DISCOUNT 11 % ($ 16,677) TOTAL ESTIMATED ANNUAL PREMIUM $134,933 CIGA 2.0000% $ 2,699 User Fund Assessment 0.4483% $ 605 Fraud Assessment 0.1643% $ 222 Uninsured Employers Benefit Trust Fund 0.0262% $ 35 Subsequent Injuries Benefit Trust Fund 0.0618% $ 83 v' WI�. '+. �i; Y. S� &Ih'q`^"LN.5,1.4''Y4x�F`S.4`4 J't �l4JQy��xi{`4 yF „'. Net rates do not reflect state assessments /taxes All cancellations subject to short rate PAYMENT TERMS: DIRECT BILL 15% Deposit of $20,240 plus State Taxes & Fees of $3.104 totaling $23,344 (12) Monthly Payroll Reporting due by 15`h of each following month Our proposed coverages are not intended to replace any of the language of the actual policy forms. A complete list ofpolicy exclusions, terms and conditions will be in the actual policy. 10 June 1, 2007 June 1, 2007 "1' f Si!eei, Suite '6C0 &nmarncn1i , Calif!ima 958111 M,35 ' 916.233 A14i 516. °3'd i! 11 id!-!; Robert Martin, P.E General Manager East Valley Water District 3654 East Highland Avenue Suite 18 Highland, California 92346 Dear Mr. Martin: AK SDRMA On behalf of the Special District Risk Management Authority (SDRMA) it is my personal pleasure to thank you for your interest in our workers compensation program. We appreciate the opportunity to present our program proposal to the East Valley Water District. We are confident the District will find air programs offer the highest level of protection at the lowest possible rates. Establish in 1986, SDRMA has a proven reputation for stable, competitive rates, actuarial based fiscal management, and sound underwriting practices. Additionally, we have assembled a full -time "in- house" professional team to provide the East Valley Water District high quality loss prevention and risk management services. Our program objectives include providing maximum coverage protection, minimizing risk and helping control potential loss exposure. These objectives will allow East Valley Water District to allocate its resources to providing services where they belong, rather than on insurance and claims. Our goal is to establish a long -term partnership with our members to positively impact the overall cost of claims and risk management by providing member focused services and safety training. One element of our proactive loss prevention program is to support and encourage members' efforts to maintain a safe environment for their employees and the public they serve. Members can reduce their future year premiums up to 15% for completion of SDRMA approved risk management and training programs. Thank you for the opportunity to submit our proposal and for your consideration. We look forward to meeting with you to discuss the benefits of SDRMA's programs. Sincerely, Special District Risk vManagement Authority . James W. Towns, ARM ` -Chief Executive Officer r SECTION B - DESCRIPTION OF PROPOSED COVERAGE AND RATING PLAN DM (1) Guaranteed Cost. Special District Risk Management Authority's workers' compensation program is Lot a guaranteed cost program. Rates are reviewed and established annually by SDRMA's Board of Directors based on actuarial recommendations, the cost of reinsurance, and other associated operating expenses. Once rates have been approved by the Board of Directors and billed to members (including audited payroll adjustments), no other annual adjustments or retrospective billings are made. The program is assessable in the event of catastrophic losses (see section B(6) for additional detail). The workers' compensation program has riot had a member assessment in over twenty (20) years. There were two assessments in the program's history during the early start -up of the program. 0 .0�* SECTION B - DESCRIPTION OF PROPOSED COVERAGE AND RATING PLAN RM (2) Loss Responsive. Special District Risk Management Authority ( SDRMA) is committed to maximizing protection, minimizing risk, as well as positively impacting the overall cost of workers' compensation coverage. SDRMA's objective is to serve as a single resource for all of our members' risk management needs including technical assistance and educational programs. As part of SDRMA's strategic partnership and to help members meet their claims and loss prevention goals and objectives, members are provided the expertise of SDRMA's professional staff, the consulting and technical services of a Certified Safety Professional (CSP), as well as other outside consultants. An experience modification (e -mod) is a component of calculating each member's final premium. The calculation is based on the Workers' Compensation Insurance Rating Bureau (WCIRB) methodology. It is the philosophy and policy of the Board of Directors that no single member should adversely affect other members or the financial integrity of the program. Incorporating an experience modification into the rating calculations rewards individual members for their loss prevention and loss experience that is below the industry average and creates financial equity for those members whose losses history is above the industry average for each employee classification. Experience modifications are calculated and adjusted annually based on each member's losses. The average experience modification of the members in SDRMA's workers' compensation program is a .97. The experience modification for the East Valley Water District is a .76. As a result of the District's excellent loss experience, the District will realize a 21% savings in their premium over the SDRMA member average. SECTION B - DESCRIPTION OF PROPOSED COVERAGE AND RATING PLAN SD MA (3) Deductibles. Our program proposal as presented for the East Valley Water District is first dollar coverage and has "no member deductible ". We offer a higher deductible of $350,000 per occurrence for members. This option is offered at the member's preference based on which deductible results in the highest cost savings. SDRMA will work with the District's staff and risk management consultant to help determine if a higher deductible is more beneficial for the District. SECTION B - DESCRIPTION OF PROPOSED COVERAGE AND RATING PLAN DM (4) "Expected Losses" (including ALAE) under the proposed plan. 0 SDRMA Claims Management - Claims management and administration are critical components of our risk management program. Our philosophy and established practice is to work with and on behalf of our members to satisfactorily resolve claims, not only within the self- insured retention level, but also within the excess insurance layers. Historically, East Valley Water District has an excellent workers' compensation loss history. Most members experience improved loss history after joining our program. EVWD has a .76 experience modification. Our risk management staff will work with EVWD staff to, at a minimum, maintain the current experience rating. Program Year Workers Compensation Property Liability Workers Compensation Property Liability 2006 -07(YTD) $10,787 $30,124 2005 -06 $14,902 $72,861 2004 -05 $18,371 $59,932 2003 -04 $23,483 $2,628 2002 -03 $21,608 $5,348 "Chinni are our prmkrcl... SECTION B - DESCRIPTION OF PROPOSED COVERAGE AND RATING PLAN SDRMA (5) Premium Cost. 0 Premium Cost. SDRMA's Board of Directors has an established goal of maintaining our rates at 15% below the commercial market on average and other comparable programs. Rates and /or premiums are reviewed annually by our Board of Directors and are based on operational requirements, claims expenses and actuarial projections. Any revenues in excess of those needed to meet the financial requirements are returned to our members in the form of reduced rates, increased services, or dividends. Each year rates are set in accordance with Special District Risk Management Authority's mission to provide renewable, efficiently priced risk financing and risk management services through a financially sound pool, delivered in a timely, cost - efficient manner to CSDA members, and responsive to the needs of the members. Valid for sixty days (60 days) from the date of this letter, the following quotation represents twelve (12) months of coverage. The East Valley Water District quotation is as follows: Class Codes: 7520, 75 8810, 8742 (including 5(a). Stop Loss Provision, A stop loss provision is not necessary for members participating in the first dollar coverage program with no deductible. 5(b). Payment Options. Premiums are billed quarterly. Payments for workers' compensation premiums are due within 30 -days of receipt of invoice. Members have the option of paying the total premium on an annual basis in July of each year. SECTION B - DESCRIPTION OF PROPOSED COVERAGE AND RATING PLAN (6) Risk Sharing. , The Special District Risk Management Authority's programs are not based on risk sharing between members. SDRMA is a risk financing program. Our Board of Directors is fiscally conservative and has established policies to ensure SDRMA meets its fiduciary responsibility to the members by maintaining reserving practices and financial standards that exceed industry benchmarks. Additionally, the Board of Directors requires staff and financial consultants to continually monitor and evaluate SDRMA's trends and operating performance to safeguard against adverse development that could affect the members. Each member's individual premium is calculated based on their exposures. For workers' compensation, the exposure is based on the employee classifications using Workers' Compensation Insurance Rating Bureau (WCIRB) recommended rates, member's payroll per classification and the member's experience modification. Funding levels and rates are established based on actuarial projections and maintaining the financial integrity of the program. The Joint Powers Agreement has an assessment provision for catastrophic losses within the program. In the event a specific program year is under funded as a result of adverse and unexpected loss development, members may be assessed a percentage of the under funding based on each member's pro -rated percentage of the total member premiums. In example: Funding shortfall (x) program year- $ 3,000,000 Total Premiums (x) program year - $ 15,000,000 East Valley Water District premium - $ 143,000 Pro -rata percentage - .95% Total assessment- isa,000.000x.9s %) $ 28,600 SDRMA's Board of Directors has implemented administrative policies that safeguard SDRMA's financial integrity and provide additional checks and balances in order to minimize the likelihood of any assessment. The workers' compensation program has not had a member assessment in over twenty (20) years. 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Z O H a U W U J a W W 3 D Z O � U j O W J F W (} C7 Z W Y J Q d LLI a 0 0 a s a) E N_ m U N Q C CD m d W W Ir U) a a U) ¢cr W U a o 0-0 X a U o ¢ o Z O N w W m C) Ir Cc W LL LL U} O J OU U co m LL a C7 O ? n ED W H o Dg I i LLI a 0 0 a s a) E N_ m U N Q C CD m d EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: Don Goodin Board Meetings: 8.22 Conferences and Other Meetings MONTH OF: May 2007 Date: 7 Organization EVWD Description Exempt Employees Mtg Date: 9 Organization SBACC Description Wed. Morning Meeting Date: 14 Organization EVWD Description Special Meeeting Date: 16 Organization SBACC Description Wed. Morning Meeting Date: 23 Organization SBACC Description Wed. Morning Meeting Date: 30 Organization EVWD Description Budget Workshop Date: 31 Organization . EVWD Description Special Meeting Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGS 9 @125.00 each_ $----!1125.00 Total Lodgings. Meals & Other: (Details on Back) Total Director's Expenses $ Total Director's Meetings & Expenses $ 1125.00 Signed /10-, �1� Less any Advance Payments $ Date of Board Approval June 12, 2007 TOTAL DUE DIRECTOR $ 1125.00 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: Sturgeon MONTH OF: May 2007 Board Meetings: 8 & Conferences and Other Meetings Date: 6 Organization CSUSS Description open House Date: 16 Organization SB C of c Description Breakfast Meeting Date: 18 Organization Solar Cup Description Lake Skinner Date: 19 Organization Solar Cup Description Lake Skinner Date: 30 Organization; Budget Meeting Description workshop tine Description Open House t ions Description Negotiating Meeting Date: 15 Organization IE 66ers Description Lunch Meeting Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGS 10 @125.00 each_ $— L --L-250 .00 Total Lodgings Meals & Other: (Details on Back) $ 863.86 Total Director's Expenses $ 863.86 1 Total Director's Meetings & Expenses $ 2,113.86 Signed " �—' Less any Advance Payments $ Date of Board Approval 6/12/2007 TOTAL DUE DIRECTOR .$ 2,113.86 0 in s: (Receipts attached) Date: 6/1 Function Attended Ground Water Association $__15 6 - 0 0 Date: Function Attended $ Date: Function Attended Date:: Function Attended $ Date: Function Attended SUB TOTAL $ 256.00 Personal Auto: Date:: 5/18 Function Attended solar Cup Miles: 46.86 Parking Fees $ Date:: 6/1 Function Attended Ground Water Association Miles: 15:00 Parking Fees $. Date: Function Attended Miles: Parking Fees $ Total Miles x ..485 per mile $ 61.86 Meals: (Receipts attached) Date:: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended Date: Function Attended $ Date: Function Attended $ Date: Function Attended SUB TOTAL $ Other: (Receipts attached) Date: 5/21 Function Attended Special Districts $ 35.00 3/20 ACWA Train Fare $ 4 4.50 0 Parr-, Date: 3/20 Function Attended CsusB Train Far 6 1 Ground Water Association Airfare 237.00 Date: 6/1 Function Attended Ground Water Acsnniatinn V". $_2- 65._0 -0— SUBTOTAL $ 546.00 TOTAL LODGINGS, MEALS AND OTHER $ 863.86 (Enter this total on the front of form) Di,ecto,sFeesandE.oenseRecal @007 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: (Z) J -<,-I J.--2 Board Meetings: ( z Conferences and Other Meetings Date,,61o�g.j.lo Organization. Date: Organization. Date: 5 1? Organization. Date: :Lr? Organization. MONTH OF: i 2007 3v'.S a C w D Description by C-4) 4 j0 F V AJ 10 Description 4 .1 1/ C, 4-e U S w AA Description i-toli r w v MTl w r� Description A w A A vs L o yc 1-t Date: ate: Organizationi Description V Date Or anizatio 5 Date: . Description Date: Oa= rit Description Date: Date: W., DR,C anizaLi'O i OW '% A J0escpiption rsf,% ri Date: Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGS r D @125.00 each_ $ / 2s O. e© Total Lodgings, Meals & Other: (Details on Signed Date of Board Approval 0in:crors Fees and Exoense Reoort 2007.Coc $ Total Director's Expenses _$ 6G5. 12 Total Director's Meetings & Expenses $ Less any Advance Payments $ -�P- TOTAL DUE DIRECTO L.od in :_: (Receipts attached) Dater Function Attended ACWA S r h c Ciao •f $ `f Dg • g7- Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ Personal Auto: Date: Function Attended Miles: Parking Fees $ /,9, Do Date: Function Attended Miles: Parking Fees $ Date: Function Attended Miles: Parking Fees $ Total Miles x ..485 per mile $ /19.1-0 . Meals: (Receipts attached) Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ Other: (Receipts attached) Date: s /7 Function Attended ;A c: w A $ : 9 ?, 3 0 Date: h l ID Function Attended ¢rr oc - S A $ �0. &Z Date: Function Attend Directors Fees end Exoense Reoort 2007.doc SUB TOTAL $ t c' 7, 30 TOTAL LODGINGS, MEALS AND OTHER $ (Enter this total on the front of form) EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: Matt Le Vesque MONTH OF: MAY 2007 Board Meetings: 5/8/07, 5/22/07 Conferences and Other Meetings Date: 5/6/07 Organization CSUSB Description Maloof Foundation/WRI Date: 5/7/07 Organization EVWD Description Real Estate Committee Date: 5/7/07 Organization EVWD Description Public Outreach Committee Date: 5/14/07 Organization EVWD Description Public Outreach Committee Date: 5114107,r:t�-. OroanizatiomEVWD Description Board Workshop Date: Date: 5118/07 Date: 5/21107 Date: 5/21/07 Date: 5/29/07 Date: 5/30107 Date: 5/31/07 Organization Water Resource Inst Organization Sam Manual Organization Spec. Dist. Mt-q. Organization EVWD Organization EVWD Organization EVWD Description Meeting w/ Bob, Kip Atty. Description 66ers Description EVWD award Description Meeting relations /development Description Monthly Meeting Description New Facility Committee Description Budget Workshop Description Real Estate Special Mtq. TOTAL # OF MEETINGS 18 @125.00 each $ 1250.00 Total Locigings, Meals & Other: (Details on Back) Total Director's Expenses $ Total Director's Meetings & Expenses $ 1250.00 Signed 6/4/07 Matt Le Vesgue Less any Advance Payments $ Date of Board Approval TOTAL DUE DIRECTOR $ 1250.00 Doane Remo 5- 07.doc ( °fm() /=cote== [ e �\M 2= �w , co 22 z� »� \ �j� £ \ \}{ : �0 S2 . k § k m £2CL raa , �P v� l§ in �\M G 22 z� »� \ �j� £ \ §0 S2 ��§ k § LL L E\\ ��ul ES( z E a �§b W, S[S «cc }k\ } E)§ / ■ - z= M CC >z-j >o ( 5± / +§6R /E /2R % Cl) to 00 - z= M CC >z-j >o ( 5± / +§6R /E /2R % N 0 N r O N U_ O N o,wa N WI ~ G, U CD o 3zac`3 p o c N LL w J _ IC=�z 4; Q Cl) GI o N LLI OI O o M r r N N (01 N 0 U U W 0 N T 0 J H O O ui } m W W rr Q I- W C0 CO U D O W W � C J W CO cc FC } ® z¢ LIJ Q d D D D W U O W 2 LL2Q )�¢ Cl) 0zr) 0 U U W 0 N T 0 J H O O ui NI N NI G—' 0 0 cl o N It N oa cc 2 Q N O Q N W W J J �a H � U) W 0 N m r 0 O N t0 O O N N T r LO N N T N M T T It M to t— O O CC LLJ } CC CO CC W W W m Q � S CO 2 r> Z MU CCcr > - z J0CL >U ) U- 2i Q 7��< (n 0 Z 0 '-7 C o T O N J H O O ui 6*4 CALIFORNIA STATE UNIVERSITY SAN BERNARDINO 5500 University Parkway, San Bernardino, CA 92407 -2397 May 25, 2007 Mr. George Wilson President East Valley Water District P.O. Box 3427 San Bernardino, CA 9'2410 Dear Mr. Wilson, UNIVERSITY ADVANCEMENT Office of Development (909) 5 37- 500 5 fax: (909) 537 -7017 I am pleased to update you on the activity of the Jim Roddy Scholarship Endowment. On July 1, 2005, the beginning of our previous fiscal year, the endowment balance was $10,281. During the year, $280 in investment earnings has brought the total of this scholarship to $10,561 (after processing fees) at June 30, 2006. The market value of your endowment on June 30, 2006 was $10,603. The Foundation's endowment portfolio'has outperformed the benchmark indices this past year with a combined investment earnings of 5.75 %. Once again I would like to thank you for your generosity to the University. Over seventy - one percent of our students need financial aid to pursue a higher degree. Your support gives them a chance for a better life. Our University and its students are truly grateful. Sincerely, Frangoise Aylmer, M.A., CFRE Associate Vice President Attachment: Endowment Report The Califbrnia State University Bahersfield• Chametlslands °Chico Dominguez Hills• East Bay• Fresno= Fuller ton Humboldt• LongBeach •LosAlgeles•.4aritimeAcademy MontenveBar • Northridge, Pwnona - Sacramento • San Bernardino ^ San Diego • San Francisco = San lose ° San Lois Obispo -Sall Mal ccs - Sonoma ° Stmeislaus Foundation for the California State University, San Bernardino Donor lift mation' Report 2006 -2006 .VWD SCHOLARSHIP #400104 2005 -2006 Endowment Activitv Beginning Salmme -duly 1, 2005 Gifts deposited during this period Development cost recovery 6% on new gifts Investment earnings Scholarship distribution 05-06 Ending balance, June 30, 2006 Scholarshios Awarded 200512006: 1. Recipient 2. Recipient: 3. Recipient- Total Scholarshio funds available 2006 -2007 3 years are used to determine average market value. The average is multiplied by 5% per foundation endowment investment policy. Scholarship funds available for distribution in 2006107: Market appreciation since Inception Market value Q 6130/06 $0 Investment Earnings- Wachovia Securities (711/05 - 6130106) Domestic Equities 7.880% International Equities 19.50% Alternative Strategies/REITS 9.23% Cash and Money Market Investments 3.63% Fixed Income -0.93% 0 Market Value 2004 $0 2005 $10,517 2006 $10,603 $352 $42 $10,603 $10,281 $0 $280 $0 $10,561 Average Divide by 3 $7 Multiply by 50A BAKER COMMUNITY SERVICES DISTRICT P.O. BOX 590 72730 BAKER BLVD. BAKER, CA 92309 PH. 760 - 733 -4402 FAX 760. 733 -4661 May 17, 2007 Kathleen Rollins - McDonald Local Agency Formation Commission 215 N. "D" Street, Suite 204 San Bernardino, CA 92415 -0490 Greetings: We are in receipt of your proposed budget and other writings including your levy on our district, the County of San Bernardino, and Cities within the county to fund your operations. Those levies amount to nearly a million dollars and do not include your charges for various services. All to fund an organization with half a dozen employees. This letter is not a direct attempt to offend you. Hopefully I can present our viewpoint without doing so, but it is my intent to present some issues from our perspective. First, we did not wish to be included in LAFCO when it was first formed. Our Board of Directors drew up a resolution against our inclusion. They did so because they could see no benefit on our behalf We were subjected to LAFCO against our wishes, but at that time you were funded by the state, so we adopted a whatever stance. I have managed this district for nearly sixteen years. During the early years I would simply glance at your mailings and then discard them along with the other junk mail. When you began levying substantial fees ($3,828.41 this year) to support your operations, and began large, frequent mailings, I began searching for a return on our money. I find none. Our only contact with LAFCO was when Jim Roddy gave a deposition for a defendant in an ongoing court case. In his deposition Roddy opined that absent the blessings of LAFCO, and our adoption of "road powers" through LAFCO, we could not maintain our own roadways. The defendant continued his case based partly on that deposition of Roddy. Our position was that we did not need your permission to maintain our roadways. The Appellate Court agreed with us but not before we had a substantial amount of money invested in the case. As a result of that Appellate Opinion the Community Service District Law (Govt. Code 61000) was amended to clarify the court opinion. (See Govt. Code Section 61100 (1). Had Mr. Roddy withheld his lay opinion or relied on his legal counsel, he would have saved us a lot of money. We derive no present benefit from your regulation and I can foresee no situation in which your regulation will benefit us. I can see that you are a burgeoning level of bureaucracy superimposed upon public agencies which are totally capable of managing their own affairs. We occasionally interact with adjacent public agencies. You will note we have not asked for your opinion on these transactions, nor do we intend to. I am aware that LAFCO got their hand in the pockets of special districts simply because we have a member sitting as a commissioner on the LAFCO Board. I would remind you that absent that lafco May 17, 2007 Pg 2 single commissioner you would be funded by the County of San Bernardino and its various cities. Special districts would be relieved of that burden. Perhaps it is time for us, special districts, to reconsider our membership. I have included the other special districts in this letter because I think it is time for us to ask ourselves if that single chair, presently occupied by Ms. Cox, is worth the $338,215.00 price tag. I don't believe it is, in fact I don't believe you have anything to offer special districts except added expense. I believe our lack of interest is demonstrated by your inability to get a quorum which forces you to employ alternative measures to fill that chair. I have no doubt Ms. Cox is trying to do her best for Helendale C.S.D. and they do have issues, but they are totally capable of handling those issues without your interference. I believe Ms. Cox, acting in the best interest of all special districts, should resign her seat on the commission and I believe other special district personnel should demonstrate their integrity by refusing to be appointed to the commission. If someone within the array of special districts believes that chair is worth the $338,000 price tag, then they are certainly free to buy it out of their own funds. In the alternative, if the State of California believes you serve some purpose then perhaps they should again provide your funding. The town of Baker will provide nearly $50,000,000.00 in taxable sales this year, not one cent of which is returned to us to fund our operations. The lions share of the sales tax we generate goes to the state. Levy on the state if you need money, not special districts. Recently, for the third time, the state has seized ad- valorem tax money from special districts under the pretense of ERAF. I can assure you those funds went into the state general fund, not our schools. Again, levy on the state if you need money, not special districts. Baker C.S.D. and other special districts throughout the County of San Bernardino have grown weary of subsidizing parasitic agencies which provide only an added, largely ineffective, layer of bureaucracy. We have grown weary of subsidizing LAFCO. Special districts are more than capable of conducting our own affairs without the probing hand of LAFCO in our pockets. Finally I want to make it clear that your claimed jurisdiction over special districts is in doubt. I quote directly from the opinion of the Court of Appeal, Fourth Appellate District, Division Two, Baker Community Services District v. RBJ Baker, Inc. E034968. (Footnote 8, page 10) RBJ claims that the adoption of a new purpose also requires LAFCO approval. This is not necessarily apparent on the face of the relevant statutes. (See Gov. Code 56021,56040,56073,56100,563 75, subds. (a), (d), (e), 56434, subs. (a), 56821, subd. (b), 56822.5, 56824.10, 56824.12, subd. (a),56824.12, subs. (a), 56824.14, subd (a), 61601.) As the record indicates, however, the San Bernardino LAFCO has adopted rules that purport to so require. You are free to review the case. Maybe you have some jurisdiction, maybe not. Maybe you are just an un- necessary additional layer of expensive bureaucracy. I am aware of Government Code 56381 wherein you appear to have methods to collect what you believe we should pay to sustain LAFCO. Keep that close at hand. We may well refuse to pay you. Le Hayes General Manager 0 Dear Mr. Sturgeon, I had out of town family staying at my house this week. What a lovely surprise I got this morning when my aunt telephoned me at work this morning to let me know that there was a pink notice taped to my door advising me that my water was going to be shut off in 24 hours if I didn't pay my bill. I have never been so humiliated in my life. I have lived in my house for over 10 years and make payments to your company every single month. In fact, on many occasions, I pay more then the actual bill and have credit balances. Because I do my bill payments on -line, I thought that maybe the bank had made a mistake and that one of my payments hadn't gone through. Unfortunately, that wasn't the case. It seems to be just a case of your company being totally out of line and I am completely outraged. You can believe that I have every intention of contacting every official that regulates utilities in this state to complain about the practices of East Valley Water. It's really sucks that you have everyone by the throat and that no one has any choice but to have to deal with this tyrannical behavior. < ai b 0 •• •• A Fa N O U •a I G,mNUU� 0 F d rl a 14 O ri x W q W N O •� q O �4 A H JJ () a) UJ ro -J AJ O w ? �3 t,' H U O Ya N ro 0 rota) �4 N E 0 a E Y4 E 10 S N >1 A M w 0) O O E 1J O A O m 'tl O N 0 a) N N •rl A rd - N �a) r ro U > O N -H 3 W � H i4 0 0 ° q ri a) N S 4 J 0 a O a ro r C it 4J E Id 0 O (a C >.w a S4 Id J W E W a .H N >°, ° v o X U O 0 0 AH S4 m u m -H H 0 U J 0 ° N 7 O E w 6t H ('. .0 JJ a) E ,V m w 3 wO q al E O cd P4 m � G U � 41 N A 0 A O Ya v w AAJ a) U (d ->> A S tJ a) ro N 0 N 4J N Pa 0 -H rt > rt A 4 0 x G m A N 7 N >v J ? 3 A 0 O t) w ro ri a 4J u -�rl N { N �J c°) 3 u U JJ R{ i4 i O P 4J U ° m W O N i O H 0 U W O E ro N JJ N w 0 O 4JN m 4J 0 0 0 a N N aa)) x 3 3 " x x A N U U N IJ a) a F O 0 E E mro a -rl ro 0 H )-IN OM 7 O � � q O (d A A JJ N w •rOi q a) .0 41 a) a) a) P4 N N U 0 � O tt 3 N m O A Qt JUJ U 3 � W L ri ri w L L A •N W N N (d N a) U N it -H 0 -,J J >y N U w w,E44� H 3+J a) x �4 O 3 0 JJ a 0 A ICI ro al N O a) U N .0 U �ro 3 � O O N C �4 0 E cad A 4 O �a 3 J JJ N �1 R N l) O '0 >v 0 4J as la 7 C N rt N U U C.' N a) 0 O U N ri 0 Q) ° �, O AJ E H ri N U N N N m a >. S0a m U G m P4 x V o E V A IJ wE° -I M C) - - -- Original Message Follows--- - From: " To: " < Subject: RE: Delinquent Notices /Shut off Notices Date: Wed, 6 Jun 2007 10:55:49 -0700 Hello Mr. Sturgeon, Thank you for getting back to me. Before I begin, I am a Ms., not a Mr. When East Valley Water first began offering on -line account services I tried to sign up. The website was extremely un -user friendly and for a number of reasons I could not seem to get my account set up. I even asked for web based help and was still unable to do it. Maybe the site has been improved since then, but in all honesty I have not gone back to look since it was first offered. On April 23rd the money was properly transferred from my account at Arrowhead Credit Union to East Valley Water. I made my another payment on May 29th and it looks like it was delivered to East Valley Water on June 5th, yet a notice was posted to my door this morning on June 6th. According to Arrowhead Credit Union, my payment of 30.00 was delivered to you on April 23rd, which then left me an $8.00 credit. According to the clerk answering your phones, a new bill was sent out shortly thereafter. I believe that my new balance after the new bill was approximately $37.00. On May 29th, I submitted a payment of $75.00. How in the world, after ending my last bill with an $8.00 credit can I possibly be given a shut off notice on my door one month later ?? I recently went through a divorce and because of this am now living on approximately half of the same income I had a year ago. I try very hard to pay ahead on my bills whenever possible, especially with the summer electric bills coming soon. I can not tell you the humiliation that East Valley Water put me through this morning with that disgusting shut off notice on my door. I feel like I have been made to look like a dead beat in front of my family and this policy is totally outrageous. As I said before, I have been a customer in good standing of your company for almost 10 years now. I can see if maybe I was months behind in bills that this sort of thing would happen. but in my mind there is absolutely no excuse for what happened this morning. 0 Hello Ms. Allen, I apologize for not addressing you properly in my last e-mail. After carefully running spell check, I sent the e-mail to you. Sometimes I forget that spell. check doesn't correct all errors and I have only myself to blame. Sorry. We have indeed made some improvements to our web -based bill payment service and it will become even more user - friendly in the near future. I assure you that your comments regarding our website will be passed along to our w'ebmaster. With regard to your account, I have no idea what may have happened. I do not have direct access to your account and will ask our finance department: to look into this and report back to me. In the meantime, I want to make sure that your water stays on for the next few days until any discrepancies are resolved. I am not sure if anyone from Arrowhead Credit Union informed you but most payments from bill payment services take many days to reach the merchant. For about a year, I used a bill payment service from another credit union. Although 1: followed their rule of requesting payments ten days before the due date, many payments would arrive at the merchant after the due date. Although bank customers are requesting the payment online, bill payment services mail an actual paper check to the merchant. Added to the mix is the fact that these "bank" checks are the most labor- intensive payments which ANY merchant receives. These payments arrive without payment stubs and must be processed by hand. After months of dealing with late or mis- posted payments, I gave up the service and now pay all of my bills on each merchant's website where I know it will get posted immediately. Hopefully, when we launch our new website, you will find it easy to use. Until then, please call me at so we may try to figure out what has happened in the past and find a solution to make sure this doesn't happen in the future. Your e- mails are truly important and beneficial to our operations. As you probably know, your East Valley Water District's only source of income is through the service fees of our customers. The timeline we use for mailing out bills and expecting payments is similar to that of other water providers. Although the notice left on your door may appear harsh, it is are made. These one of the few ways we have to ensure timely payments door hangers are only left after two prior attempts to collect the bill have been made. East Valley Water District could loosen its collection efforts but the result: would be a much higher delinquency rate. This would translate directly into higher rates for the entire customer base. In closing, I sincerely understand your concerns and hope that you better understand our policies. Please call me at your earliest convenience at so we may discuss this further Sincerely, Kip ASSOCIATION of the SAN BERNARDINO COUNTY SPECIAL DISTRICTS June 18, 2007 MEMBERSHIP MEETING San Bernardino Valley Municipal Water District is hosting the June membership meeting at the L'Orange Room at the Orange Show in San Bernardino, CA. The social hour will begin at 6:00 p.m. with a call to order at 6:45 p.m. There will be a Hawaiian buffet with the following: Appetizers will be: Exotic Fruit and Cheese Display Choice of: Mahi Mahi with Pineapple Relish or Coconut Crusted Chicken with Sesame Ginger Glaze Served with: Green Salad with Mango Vinaigrette or Ranch Dressing, Corn, Water Chestnuts, Bamboo Shoots, and Bay Shrimp Salad, Shredded Kahlua Pork Salad with Macadamia Nuts, Coconut Lime Rice, Mixed Vegetables, Hawaiian Sweet Rolls, Assorted Desserts, Coffee Cost: $33 Program:-Michael A. Ramos, San Bernardino County District Attorney, will be discussing Identity Theft -. •. t' -Y810d ..<12'^•.�.r4 `}$N! ..c ad'* 1:'.•4'Y6'"!9'.d+vF+iB4•va,. nP1dt: "i Wn::.:. AL. §k:;..'.9q'v ?v.s.: RSVP to Amanda before June 8, 2007 Telephone: 909 387 -9220 Fax: (909) 387 -9247 Email: AmandaA(@sbvmWd.COm Make checks payable to: ASBCSD 5822 Date Ave., Rialto, CA 92377 District /Associate Attendees: REMINDER: There is a $2 surcharge per person for reservations made after the deadline date and coming to the dinner meeting without having made reservations. You will also be billed for the dinner if cancellation is not received PRIOR to the deadline date. National Orange Show, L'Orange Room San Bernardino, CA Q` YQV�1T, :' �Mryq�. Ogimi °" ^lNm . Rnainat SVny. . .ma1y�v/. -P FrH 8e nw.4Nia ie) IJJQ,,, ,. .. . .. WiDSt Uwq '0 Raswaaw 9dflea . Yt.lcyadbrt - 759' .EffgifarM Ave j,pl4m., _ 3 � 30 % WSx Gy Si � kesr4xa Iwr3prJMr &wtnsk4 i r'3.,.;' J _�' Q.. t rEa.t wyrrraa, 3an8�nwt-0llw E FinasY OUF Nht 74 � E7rrtSE -aY St � _?$ � ''.Qom�war m �Ix :a fl'a ..: sc �� 8xnardee 'n � : F, ,1.. Yvb >WCrv.nJ«N�9iwWY• k6 ,.. "G h : I1O Vie Me .. .. Y R EW�}ann ka NarHarta - � i ,fvau usMVatMu, 7 �..r arms FVm y ="' � adlatds � Y wriw y�tyyratw,. ' E'N '�° -,ri. stoma lirv)o_ e®rm'Y.."r, � SdiRve m ta� W :� _ Grand Tartxa v < n � Q.taea.iMym �tsrery xin� , �ibi�btlY C 2905 to »W s Ine � - - Y1 SrwuJd! ViEfl 0 ASSOCIATION of the SAN BERNARDINO COUNTY SPECIAL DISTRICTS Membership Meeting May 21, 2007 Edwards Mansion, Redlands, CA CALL TO ORDER Director Martin called the meeting to order at 6:45 p.m. INVOCATION & FLAG SALUTE Invocation, Alan Dyer and flag salute led by Tom Shalhoub. INTRODUCTIONS Hosting agency — Inland Empire Resource Conservation District - Mike Martin, Director, - introduced member of the board, Paul Williams and Terry Andrews. Also introduced were employees Kate Sykes, Gretchen Thomsen, James Law, Angela Marion and General Manager Jennifer Ares. First time visitors — Matt LeVesque, new board member for East Valley Water District who replaced Director Lightfoot. PRESIDENT'S COMMENTS AND ANNOUNCEMENTS DINNER A buffet dinner was served to 60 guests PROGRAM — Dennis Hansberger, San Bernardino County Supervisor talked about special districts. DRAWING A total of $188 was collected for the scholarship fund. Thirty dollars each was given to Manny Aranda, Betty Gosney and Gary Valladao. Gary Valladao donated his back to the fund. One hundred twenty eight dollars ($128) was deposited to the scholarship fund. NEXT MEETING The next membership meeting is June 18, 2007, hosted by San Bernardino Valley Municipal Water District, at the Orange Show, L'Orange Room, San Bernardino, CA. 0 111 Announcing WESTCAS' Winter Conference �, June 20 - 22, 2007 Hyatt Islandia Hotel 1441 Quivera Road San Diego, CA (619) 224 -1234 $155.00 per night for singleldouble occupancy ➢ Views of Pacific Ocean, Mission Bay or gardens ➢ 5 miles from San Diego International airport; taxi time 15 minutes ---- -- --------------------------------------------------------------------------------------------------- To receive the reduced hotel rate, make reservations before av 30. 2007 & MENTION WESTCAS -,% --;). Please complete the following for each attendee:,(- F- to. 6ference Registration: De< .For members: ❑'$200 early registration ❑ $250 late registration ❑ meeting fees were prepaid wlmembership For non- members: 13.:r' 00 non - member, first meeting registration ❑ Free for first time, non- member ❑ $20 .additional breakfast* ❑ $20.additional lunch* $35 conference materials" ❑ $50 each banquet guest (June meeting only) ❑ $255 early registration ❑ $295 late.registration Name: (as you'd like it to aonear on name badae) Agencyi .Address: Phone: E -mail Address: Will you be staying at the hotel? I ] yes [ ] no If so, will you book under our room block? [ ] yes E ] no S ] Please check here if you require a hard copy of The Washington Report (Tire Washington Report will be posted electronically for registrants prior to the conference) WESTCAS clo Will € Carlson, Inc. (202) 966 -2190 Attn: Peter Carlson FAX Number: (202) 966 -2191 (forms can be faxed; P.O. Box 42727 piease indicate when payment will be mailed) Washington, CSC 20015 Ykake cheei payable to WESTCAS, Sorry, we don't accent Bred t cards *Sonxe meals included, in registrat on fee; add.'i meals are for paid attendees' guests w'oo'd like to join us **For those who cannot attend out wish to purchase the conference materials Fresno Convention and Entertainment Center Exhibit Halls II and III 848 PSI Street, Fresno, CA This free workshop includes a unique opportunity to provide input to key decision makers about the future of the Delta Sponsored by: The Water Education Foundation Cosponsored by: California Resources Agency Attendance at the workshop is FREE and a complimentary box lunch will be served. Attendance is Iimited; to guarantee a seat you must register in advance. On -site registration will be limited to availability. There are multiple Delta Vision initiatives underway and a decision on the future of the Delta will be made in the next two years. Unlike past planning efforts that focused primarily on the Delta's water resource issues and ecosystem, these current efforts have expanded to include land use planning, recreation, flood management, and energy, rail and transportation infrastructure. How — or if — all these competing demands can be accommodated is the question facing local, state and federal officials, Delta residents, businesses and utilities, resource managers, local agencies and other Delta stakeholders. This one -day workshop will explore these pressing issues and explain Delta vision planning underway. Moderators will encourage panel debates among knowledgeable speakers on all sides of these important issues. Audience members will be invited to join break -out sessions to provide feedback and offer suggestions. The Foundation will prepare and distribute a workshop summary to share Delta visioning efforts with those who cannot attend the workshop. Workshop topics include: D The Importance of the Delta: The View from the Valley D Developing a Delta Vision D Assessing Risks to the Delta: The Delta Risk Manage- ment Strategy D The Value of the Delta: Why Do We Need a New Delta Vision? What's at Stake for the San Joaquin Valley? D Input on a Delta Vision: Participant Breakout Groups D Shaping a Vision: How Do We Move Forward? Check in will begin at 8 a.m. The program will begin at 8:45. The workshop will adjourn at 4:00 p.m. Complimentary Foundation materials will be distributed, including the newly revised Layperson's Guide to the Delta and the Delta Warning DVD. 10091"Visma wOG'nHOp July 27, 2007 Name(s) Title(s) Address City__ On -line registration is available at www.watereducation.org Phone Lunch choice: ❑ Vegetarian O Non - vegetarian Registration is required to guarantee your seat! State Zip Please return to: Water Education Foundation, 717 K Street Suite 317, Sacramento, CA 95814 Phone (916) 444 -6240 • Fax (916) 448 -7699 73" L 9&A WATER EDUCATION FOUNDATION 717 K Street, Suite. 317 Sacramento, CA 95814 www.watereducation.org