MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT THURSDAY, APRIL 14, 2011 4:00 P.M. The Regular Meeting of the Board of Directors of the Elsinore Valley Municipal Water District was held at its principal offices located at 31315 Chaney Street, Lake Elsinore, California. Directors Present Ben Wicke, President Harvey R. Ryan, Vice President Phil Williams, Treasurer Judy Guglielmana Andy Morris Staff Present Ronald Young, General Manager Norris Brandt, Assistant General Manager Terese Quintanar, District Secretary/Administrative Services Supervisor John Brown, General Counsel John Vega, Director of Operations Margie Armstrong, Director of Finance Greg Morrison, Director of Legislative and Community Affairs David Bell, Director of Human Resources Others Present None CALL TO ORDER President Wicke called the meeting to order at 4:05 p.m. ADD-ON ITEMS Ronald Young requested an item to be added as Business Item A, which came to his attention subsequent to the posting of today's agenda and which needed immediate consideration. A motion was made by Director Morris, seconded by Director Ryan and carried unanimously to: 1. Approve adding Business Item A to the agenda as follows:
Minutes Thursday, April 14, 2011 Page 2 of 6 "Approve Sponsorship of the Canyon Lake Water Symposium" APPROVAL OF AGENDA A motion was made by Director Ryan, seconded by Director Guglielmana and carried unanimously to: 1. Approve the Agenda as amended. PUBLIC COMMENT The meeting was open to public comments and there were none. I. CONSENT CALENDAR A. Approval of the Minutes of the Special Board Meeting of March 22, 2011 B. Approval of Requisitions 1. Moore Fence - #11533 and #11537 C. Approval of Travel Authorizations 1. Ben Wicke - 2011 ACWA Spring Conference 2. Andy Morris - 2011 ACWA Spring Conference D. Approval of Demands E. Investment Report Receive and File F. Approve Assignment Agreement Related to Joint Community Facilities Agreement between Lake Elsinore Unified School District, EVMWD, Palomar Ridge II Ventures, LLC, Rancho Vista I Ventures, LLC, and Rancho Vista II Ventures, LLC G. Approve Sponsorship Request from the Elsinore Woman's Club Director Ryan abstained on Consent Calendar Item D., Nos. 204382, 204399, 204413, and 209453 for sources of income. Director Williams abstained on Consent Calendar Item D., Nos. 204249, 204258, and 204259 for sources of income. Directors Guglielmana and Ryan abstained from voting on Consent Calendar Item G. A motion was made by Director Williams, seconded by Director Guglielmana and carried unanimously to: 1. Approve the Consent Calendar as presented. II. BUSINESS ITEM A. Approve Sponsorship of the Canyon Lake Water Symposium The City of Canyon Lake is organizing a public Water Symposium on April 20 th. Mr. Komor of PACE has been invited to provide a presentation on the proposed Canyon Lake Hypolimnetic Oxygenation System. Elsinore Valley Municipal Water District (EVMWD) will be participating, along with other presenters from Eastern Municipal Water District (EMWD) and Lake Elsinore San Jacinto Watershed Authority (LESJWA).
Minutes Thursday, April 14, 2011 Page 3 of 6 Director Guglielmana stated that they had asked for a contribution previously and the Legislation, Conservation, and Outreach Committee (LCOC) discussed it and decided not to accommodate the request. They hadn t made an official request. Director Williams stated that the Summit is very important and that it is good to get our name out to gather participation in the TMDL process. Discussion followed regarding donations in the past. Director Ryan opined that he was not in opposition to contributing funds, or water. Director Guglielmana opined that this is a Canyon Lake function. Director Morris stated that he did not know that staff and a Committee had already discussed that, but he felt that it should be approved. A motion was made by Director Ryan, seconded by Director Morris and carried by majority vote with Director Guglielmana voting no to: 1. Approve a donation of $200, 5 cases of bottled water and water conservation promotional items. III. REPORTS A. General Managers Report Ronald Young reported that MWD acted to roll back their mandatory water restrictions. They had called for stage 2 but responded to the Governor s statement that the drought was over. We will continue to send out messages to save water through our various conservation programs. We will reiterate that allocations are based on a fair and equitable basis and these allocations will not change. Mr. Young also reported that Jeff George asked him to talk with the Lake Elsinore Marine Search and Rescue to answer questions about the Lake and other issues. The meeting will be held at the District, the date and time are yet to be determined. B. Legal Counsel's Report John Brown had nothing to report. C. Board Committee Reports Director Ryan announced there would be a Unity in the Community 5K and 10K this weekend. He commended Greg Morrison on his presentation at the City Council's meeting last night and he also reported on the City Group meeting held yesterday. Each of the City Mayors have been asked to participate in a landscape project at the Diamond. The Lake Management Fund was discussed and City officials will be discussing this again to let us
Minutes Thursday, April 14, 2011 Page 4 of 6 know what the Council decides. Pat Kilroy inquired about the block rates and stated that because the drought was declared to be over, it shouldn't apply to the cities and the parks. Director Williams added that Mr. Kilroy is in disagreement with our rate structure and opposed participation in the landscape design at the Diamond, but Councilman Tisdale gave us his approval. We have also received approval from Canyon Lake and Wildomar to participate in the Project and we are still waiting to hear from the Mayor of Lake Elsinore. Director Morris reported on the meeting with the Farm and the information exchange was good. Their attorney did a lot of talking about what they wanted, which is their own rate structure. They requested the flat MWD water charge, plus our overhead, and asked to see the figures. Their sample water bill was discussed and they will be asking us to waive their delinquency fees. They will be attending the Study Session next week to continue the discussion. Director Guglielmana asked what their delinquency fee was and Director Morris stated it was approximately $16,000. Director Wicke commented that the PowerPoint for the meeting with the Farm was well done and the main complaint of the Farm was that they weren t getting the level of Chlorine they needed. Margie Armstrong answered a question that their attorney brought up regarding our purchase of Tier 3 water in the past. She stated that we haven t been billed for Tier 2 for 2010 yet. Furthermore, she explained that we were getting the reallocation because WMWD was and WMWD did not go to Tier 2 for 2010; therefore, we are not being charged. Mr. Young added that there are additional costs for connections from EMWD and WMWD, pipeline lease costs, TVP, capacity reservation fee and all added up, it totals more than MWD s published rate for treated Tier 1 and 2 water. Director Morris added that the Farm representatives feel that since they are wholesale, they should not be included in the normal rate structure. Director Wicke reported on the Engineering and Operations Committee meeting. A presentation was made by MWH regarding the installation of the UV Disinfection at the Canyon Lake Water Treatment Plant (CLWTP), which will cost $1.2M and it will take a year to complete. He also reported on the discussion of the other items on the agenda. Director Williams pointed out that in regard to the fire sprinklers that we will be utilizing, a meter with a split valve would be used. The new valve will have a backflow prevention device on one side and a lockable valve on the other side. It will be more economical for the District. IV. PUBLIC COMMENT The meeting was opened to public comments and there were none.
Minutes Thursday, April 14, 2011 Page 5 of 6 V. DIRECTOR'S COMMENTS AND REQUESTS Director Williams reported that he was told by staff that one of the resorts off of Riverside Drive has the ability to utilize a pump to send their sewer into our system and a neighbor complained that they do not utilize the pump due to the cost of electricity. There have been complaints from nearby residents that say the odor is very bad. He also mentioned that he had met today with a Casino representative, who said he has a landscape meter and potable meter and both were hooked to one line to increase pressure, so Director Williams suspects there may be a cross-connection issue at that location. He asked staff to contact Ted Kingston and inspect the issue. Director Williams also commended Greg Morrison for how he conducted himself while at the City Council meeting and that it was a shame that it couldn t have been conducted in a nicer manner. Director Guglielmana reminded everyone that the 9th Annual Water Festival is this Saturday from 11:00 a.m. 3:00 p.m. at the Visitor s Center at Diamond Valley Lake. There are multiple agencies involved and there are many interactive activities for children, conservation information, and other events. She invited everyone to attend. Director Morris commented on an article that Big Bear Lake is full and spilling over the top for the first time since 1996. VI. CLOSED SESSION The Board adjourned to Closed Session at 5:01 p.m. to discuss the following items: A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code (2 potential cases) B. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Name of case: United States, The States of California, et al. vs. J-M Manufacturing Company, Inc. and Formosa Plastics Corporation, U.S.A. (United States District Court Case No. ED CV06-0055-GW) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) California Polytechnic State University Foundation v. Elsinore Valley Municipal Water District, Riverside Superior Court Case No. RIC 525633 D. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Name of case: Elsinore Valley Municipal Water District vs. City of Lake Elsinore; John O'Doherty, Riverside County Superior Court Case No. RIC 431267 E. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Name of case: Sean Bunch & Erin Bunch vs. Elsinore Valley Municipal Water District; Does 1-100, Riverside County Superior Court Case No. RIC 10024495 F. CONFERENCE WITH REAL PROPERTY NEGOTIATORS APNs: 375-302-012, 375-302-013, 375-293-041, & 375-293-042 ; Negotiators: Ronald E. Young- EVMWD, and Rosemary Reed Family Trust. Under negotiation: Price
Minutes Thursday, April 14, 2011 Page 6 of 6 The Board reconvened to open session at 7:05 p.m. and no reportable action was taken. VII. ADJOURNMENT There being no further business, the meeting was adjourned at 7:05 p.m. ATTEST: W. Ben Wicke, President of the Board of Directors of the Elsinore Valley Municipal Water District Terese Quintanar, Secretary to the Board of Directors of Elsinore Valley Municipal Water District