HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 09/27/2011East Valley
Water District
3654 HIGHLAND AVE., SUITE 430, HIGHLAND, CA
BOARD MEETING September 27, 20111 3:00 P.M.
AGENDA
"In order to comply with legal requirements for posting of agenda, only those items filed with the
District Secretary by 12:00 p.m. on Tuesday prior to the following Tuesday meeting not requiring
departmental investigation, will be considered by the Board of Directors ".
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS - At this time, members of the public may address the Board of Directors
on matters within its jurisdiction. To provide comments on specific agenda items, please complete a
speaker's request form and provide the completed form to the Board Secretary prior to the board
meeting.
Approval of Agenda
2. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered by
the Board of Directors to be routine and will be enacted in one motion. There will be no
discussion of these items prior to the time the board considers the motion unless members of
the board, the administrative staff, or the public request specific items to be discussed and /or
removes from the Consent Calendar.
a. Accounts Payable Disbursements: Accounts Payable Checks # 229890 through #
230048 which were distributed during the period of September 7, 2011 through
September 19, 2011 in the amount of $1,474,577.15. Payroll and benefit
contributions for the period ended September 19 2011 and included checks and direct
deposits, in the amount of $220,227.26. Total Disbursement for the period
$1,694,804.41
b. Approval of Board meeting minutes for August 9, 2011
C. Approval of Board meeting minutes for August 23, 2011
d. Approval of Board meeting minutes for September 13, 2011
e. Approval of Special Board meeting minutes for September 19, 2011
f. Development agreement between East Valley Water District and Young Shin to
subdivide and develop certain real property within the boundaries of the District,
which is located at 26987 Baseline Road, in the City of Highland and that the
developer desires that the District provide domestic water and sewer service to said
property
OLD BUSINESS
3. Recommendation regarding the scheduling of a Prop IS hearing to consider a sewer
treatment rate increase
REPORTS
4. General Manager/ Staff Rcports
5. Committee Reports
• Legislative (Standing)
• Community Affair!, ;Standing)
• Policy Committee (Standing)
• Labor Negotiating Committee (Ad -Hoc)
• Succession Planning Committee (Ad -Hoc)
6. Oral comments from Board of Directors
CLOSED SESSION
7. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATl 1) LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(b)
One (1) Potential Case
8. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
[Government Code Section 54957]
Title: Interim General Manager
9. CONFERENCE WITH LABOR NEGOTIATOR
[Government Code Section 54957.6(a)]
District Negotiator: Labor Negotiating Committee /Interim 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 I - 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 Admiristrative Manager at (909) 885 -4900 at
least 72 hours prior to said meeting.
N
tooEast Valley
Water District
Staff Report
Meeting Date: September 27, 2011
TO: Board of Directors
SUBJECT: Disbursements
SUMMARY:
Issue — Prudent fiscal policy and fiscal transparency
Recommendation — Approve the attached list of accounts payable checks and
payroll issued
Fiscal Impact— $1, 694,804.41 (budgeted expenditures)
Previous Related Action — None
BACKGROUND
.A listing of accounts payable checks, and the total for payroll and benefits costs incurred, are
submitted to the board of directors for review and approval with each board packet. The attached
check register, and the total for payroll cited below, were disbursed during the period September 7,
2011 through September 19, 2011.
DISCUSSION
Accounts payable checks for the period included check numbers 229890 through 230048 for a total of
$1,474,577.15.
The source of funds for this amount is as follows:
Unrestricted Funds $1,462,730.35
Bond Financing $11,846.80
State Financing $
Payroll and benefit contributions paid for this period totaled $220,227.26.
Total disbursed during the period September 7 to September 19, 2V 1 is $1,694,804.41.
Res ectfully Submitted,
Brian W. Tompkins
Chief Financial Officer
by,
Robert A. DeLoach
Interim General Ma
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Subject to anoroval
EAST VALLEY WATER DISTRICT August 9, 2011
REGULAR BOARD MEETING
MINUTES
The meeting was called to order at 3:00 p.m. by Vice President Levesque. Mr. Kennedy led
the flag salute.
PRESENT: Directors: LeVesque, Morales, Sturgeon
ABSENT: Malmberg, Wilson
STAFF: Robert DeLoach, Interim General Manager; Brian Tompkins, Chief
Financial Officer; Ron Buehwald, District Engineer; Eileen Bateman,
Executive Assistant
LEGAL COUNSEL: Steve Kennedy
GUEST (S): Charles Roberts (Highland Community News), Ron Coats, Paul Rugge,
Steve Copelan (San Bernardino Valley Municipal Water)
PUBLIC PARTICIPATION
Vice President LeVesque declared the public participation section of the meeting open at 3:01
p.m. There being no written or verbal comments, the public participation section was closed.
APPROVAL OF AGENDA
The Board requested that the agenda be amended as follows:
Item #7 be deferred to the next meeting.
M /S /C (Morales - Sturgeon) that the August 9, 2011 agenda be approved as amended.
Director Morales stated that he will be recusing himself from item # 16.
DISBURSEMENTS
M /S /C (Sturgeon - Morales) that General Fund Disbursements 9229376 through
#229521 which were distributed during the period of July 19, 2011 through August 1, 2011,
in the amount of 1,097,448.46 and Payroll and benefit contributions for the period ended
August 1, 2011 and included checks and direct deposits, in the amount of $224,519.29 be
approved. Total Disbursements for the period of $1,321,967.75 are approved.
(Minutes 08/09/11 etb I
APPROVAL OF BOARD MEETING MINUTES FOR JULY 26, 2011
M /S /C (Sturgeon - Morales) that the July 26, 2011 minut ,-s he approved as submitted.
RESOLUTION 2011.18 — BANK DEPOSITOR AGREEMENT
M /S /C (Sturgeon - Morales) that Resolution 2011.18 be approved.
DIRECTORS FEES AND EXPENSES FOR JULY 2011
M /S /C (Sturgeon - Morales) to approve the Directors' Pees and Expenses for July 2011.
RECOMMENDATION TO MODIFY THE STANDING COMMITTEE STRUCTURE
Mr. DeLoach reviewed the recommendation to modify the standing committee structure with
the Board.
The recommended committees are as follows:
Finance Committee
Personnel Committee
Legislative and Public Affairs Committee
Engineering and Facilities Committee
Policy Committee
A motion to modify the Standing Committee structure �� <is made by Director Morales.
Vice President Levesque recommended that this item be deferred until the next meeting when
the Board President is present.
The Motion made by Director Morales failed due to laci. of a second.
RECOMMENDATION TO WORK WITH THE DISTRICT'S STATE LEGISLATIVE
ADVOCATE IN DEVELOPING POSSIBLE AMENDMENTS TO EXISTING
LEGISLATION (AB 3030)
Vice President LeVesque recommended that this item be deferr --d until the next meeting when
the Board President is present. No action taken.
RECOMMENDATION TO APPROVE THE DISTRICT'S REVISED PURCHASING
POLICY
Mr. Tompkins reviewed the District's amended Purchasii ii Policy with the Board and
recommends approval of the policy.
(Minutes 08/09/11 etb 2
Policy. M /S /C (Sturgeon - Morales) that the Board approve the District's amended Purchasing
Vice President LeVesque stated that he would like to have a local preference in the
purchasing policy.
GENERAL MANAGER / STAFF REPORT
Mr. DeLoach stated that he had met with Doug Headrick (San Bernardino Valley Municipal
Water District) regarding a lobbyist partnership; that he will bring a cost sharing agreement to
the Board at a later date; that he would like the District to go through a RFP /RFQ process for
the Sewer Master plan; that the District's vactor truck is inoperable due to mechanical failure;
that the purchase of a vactor is included in the adopted budget.
Mr. Buchwald stated that he attended the recent BTAC meeting at San Bernardino Valley
Municipal Water District and that they discussed the importance of recharging the Basin; that
there is a line item in the District's budget to cover recharge costs and emergency backup and
supplies.
Mr. Tompkins stated that the auditors have initiated the District's audit and are being very
thorough.
CONSULTANT REPORTS
No report at this time.
COMMITTEE REPORTS
a. Legislative Committee (Standing) — Director Morales stated that the committee
reviewed AB 3030; that the State Legislature will be out of summer recess and to
expect a flurry of activity beginning September 9th, and he will continue to track
legislation.
b. Community Affairs (Standing) — Director Sturgeon stated that the committee will
proceed with the Route 66 rendezvous with no employee costs; that he would like to
get volunteers from the Board; that the committee is looking into updating the
information on customer bills. Director Morales gladly volunteered to help with the
Route 66 rendezvous function.
c. Policy Committee — (Standing) No reports at this time.
d. Labor Negotiation Committee (Ad -Hoc) — No reports at this time.
e. Succession Planning Committee (Ad -Hoc) — No reports at this time.
ORAL COMMENTS FROM BOARD OF DIRECTORS
(Minutes 08/09/11 etb 3
Director Morales stated that he attended the City of Highland's Council meeting; that the
District was mentioned regarding the traffic issues that may ar se due to the Harmony Ranch
Project.
Director Sturgeon offered his appreciation to Mr. Tompkins for the preparation of the
District's Purchasing Policy.
Vice President LeVesque stated that the Harmony Ranch Project (was previously known as
Sunrise Project) and that the City of Highland is in its prclimira <v stages.
Information only.
The Board took a break at 3:22 pm
The Board returned to session at 3:28 p.m.
The Board entered into Closed Session at 3:29 p.m. as provided in the California Open
Meeting Law, Government Code Section 54945.9(a), to discuss items #13, 14, 15 and 16 as
listed on the agenda.
ADJOURN TO REGULAR SESSION
Vice President LeVesque declared that the meeting adjourns to regular session.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
The Board returned to session at 4:57 pm. The items listed on the agenda were discussed in
closed session with the following action being taken:
Item # 13:
Due to concerns that Legal Counsel had with the Proposed Prop 218 notice, the Board by a
unanimous decision 3 -0 (President Wilson and Director Malmberg absent) instructed staff to
defer this item.
Item 14:
The Board by a unanimous decision 3 -0 (President Wilson and Director Malmberg absent)
instructed staff to proceed with filing the lawsuit regarding the Santa Ana Sucker Fish.
Item 15:
No reportabe action taken.
Item 16:
Director Morales recused himsclf from item #16 and left the meeting prior to discussion of
this item.
No reportable action taken.
(Minutes 08/09111 etb 4
The meeting was adjourned at 5:00 p.m.
Robert DeLoach, Secretary
George E "Skip" Wilson, President
(Minutes 08/09/11 etb 5
Sub t to approval
EAST VALLEY WATER DISTRICT August 23, 2011
REGULAR BOARD MEETING
MINUTES
President Wilson called the meeting to order at 3:00 p.m. Director Malmberg led the flag
salute.
PRESENT: Directors: LeVesque, Malmberg, Morales, Sturgeon, Wilson
ABSENT: Directors: None
STAFF: Robert Martin; Robert DeLoach, Interim General Manager; Ron
Buchwald, District Engineer; Justine Hendricksen, Administrative
Manager
LEGAL COUNSEL: Steve Kennedy
GUEST (S): Charles Roberts (I- lighland Community News), Ron Coats
APPROVAL OF AGENDA
M /S /C (Malmberg- LeVesque) that the August 23, 2011 agenda be approved as
submitted.
PUBLIC PARTICIPATION
There being no verbal or written comments the public participation section was closed.
DISBURSEMENTS
M /S /C (Sturgeon - LeVesque) that General Fund Disbursements #229522 through
#229664 which were distributed during the period of August 2, 2011 through August 15,
2011 in the amount of $969,208.49 and Payroll Fund Disbursements for the period ended
August 15, 2011 in the amount of $277,848.04 totaling $1,247,056.53 be approved.
GENERAL MANAGERS FEES AND EXPENSES
M /S /C (Sturgeon- LeVesque) that the General Manager's fees and expenses be
approved as submitted.
RESOLUTION 2011.20 — A RESOLUTION TO NAME THE AUTHORIZED
REPRESENTATIVE FOR THE BASELINE GARDENS CONSOLIDATION
PROJECT
M/S /C (Sturgeon - LeVesque) that Resolution 201 1 30 be approved.
RESOLUTION 2011.21 — A RESOLUTION TO AMEND THE PREVIOUSLY
NAMED AUTHORIZED REPRESENTATIVE FOR TiIF EASTWOOD FARMS
CONSOLIDATION PROJECT
M /S /C (Sturgeon - LeVesque) that Resolution 2011.21 be approved.
RESOLUTION 2011.22 -- A RESOLUTION TO AMEND THE PREVIOUSLY
NAMED AUTHORIZED SIGNER FOR THE BASELINE GARDENS
CONSOLIDATION PROJECT
M /S /C (Sturgeon - LeVesque) that Resolution 201 1.22 he approved.
RESOLUTION 2011.23 -- A RESOLUTION OF THE GOVERNING BOARD OF
DIRECTORS OF EAST VALLEY WATER DISTRICT DECLARING THAT
VOLUNTEERS, WORK - STUDY, AND INTERNS SHALL BE DEEMED TO BE
EMPLOYEES OF THE DISTRICT FOR THE PURPOSE OF PROVIDING
WORKERS' COMPENSATION COVERAGE FOR SAID VOLUNTEER, WORK -
STUDY, AND INTERNS WHILE PROVIDING THEIR SERVICES
M /S /C (Sturgeon- LeVesque) that Resolution 2011.23 be approved.
RESOLUTION 2011.19 — A RESOLUTION OF THE 13OARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT, STATE OF CALIFORNIA,
APPROVING AND AUTHORIZING REVISIONS TO THE SAN BERNARDINO
COUNTY OPERATIONAL AREA MULTI - JURISDICTIONAL HAZARD
MITIGATION PLAN DATED DECEMBER 3, 2010, AND AUTHORIZING
FUTURE NON - SUBSTANTIVE AMENDMENTS TO THE PLAN
M /S /C (Sturgeon - LeVesque) that Resolution 2011.19 he approved.
RECOMMENDATION TO PURCHASE VACTOR FOR THE SEWER
DEPARTMENT
The Interim General Manager stated that staff received threc quotes from three different
equipment companies and that the lowest quote received m. is from Maryland Industrial
Truck, Inc. The Interim General Manager stated that it is �hc recommendation of staff
that the Board approve the purchase of a new 2011!12 <, wer vactor from Maryland
Industrial Truck, Inc.
M/S (LeVesque - Sturgeon) that the Board approve the purchase of a new 2011/12
sewer vactor from Maryland Industrial Truck, Inc.
2
Minutes August 23, 2011 jph
Director Sturgeon would like to know if there are any additional discounts offered from
the Maryland Industrial Truck, Inc. if the District picks up the vehicle rather than the
company delivering it to the District.
Directors Levesque and Sturgeon would like to amend their motions to include that the
Interim General Manager seek additional discounts if available.
M /S /C (LeVesque- Sturgeon) that the Board award the purchase of the sewer
vactor to Maryland Industrial Truck, Inc. and to seek any additional discounts available
to the District.
RECOMMENDATION TO MODIFY THE STANDING COMMITTEE
STRUCTURE
The Board discussed the recommendation to modify the Standing Committee Structure at
length.
M /S /C (Sturgeon - Wilson) that this item be deferred until December when the
Board reorganization takes place, and that the Board President work with the General
Manager to establish and modify the standing committee structure.
A roll call vote was taken.
Directors Morales, Sturgeon and Wilson voted YES.
Directors LeVesque and Malmberg voted NO.
RECOMMENDATION TO WORK WITH THE DISTRICT'S STATE
LEGISLATIVE ADVOCATE IN DEVELOPING POSSIBLE AMENDMENTS TO
EXISTING LEGISLATION (AB 3030)
The Interim General Manager stated the Mr. Reeb has been meeting with a number of
agencies and exploring options and possible modifications to AB 3030. The Interim
General Manger would like to know if the Board wishes to peruse modifications to AB
3030.
M /S /C (Malmberg- Morales) that the recommendation of the Legislative
Committee is to work with the District's Legislative advocate in developing possible
amendments to existing AB 3030 legislation.
A role call vote was taken.
Directors LeVesque, Malmberg, Morales and Wilson voted YES.
Director Sturgeon voted NO.
F
Minutes August 23, 2011 jph
GENERAL MANAGER i STAFF REPORTS
The Interim General Manager reported on the District's operations to date; that a
contractor working for the County Flood Control damaged two District water mains. The
Interim General Manager olfered his appreciation to staff for minimizing the impact on
the District constituents. The Interim General Manager is working on setting up a special
meeting to discuss the Distric.'s surplus property. Information only.
COMMITTEE REPORTS
a. Legislative (Standing) - Director Morales staled that the Legislators in
Sacramento are back in session..
b. Community Affairs - No reports at this time.
c. Policy - No reports at this time.
d. Labor Negotiating Committee -No reports at this tirrc.
e. Succession Planning Committee - No reports at this ime.
Information only.
ORAL COMMENTS FROM BOARD OF DIRECTORS
Director Malmberg stated that he is happy to be back on solid ground and that 41 days on
the ocean was a tremendous experience.
Vice President LeVesque offered his appreciation to Mr. Roberts for the press release
related to the Santa Ana Sucker Task Force.
Director Morales stated that he would be happy to volunteer for the Route 66
Rendezvous. Information only.
The Board took a break at 4: I 1 p.m.
The Board returned to session at 4:18 p.m.
As previously stated, Director Morales will be recusing himself from item #17.
CLOSED SESSION
The Board entered into Closed Session at 4:18 p.m. as provided for in the California
Open Meeting Law, Government Code Section 54945.9(x;, to discuss the items listed
on the agenda.
ADJOURN TO REGULAR SESSION
President Wilson declared that the meeting adjourn to regular session.
4
Minutes August 23, 2011 jph
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
The Board returned to session at 5:23 p.m. The items listed on the agenda were
discussed in closed session with the following action being taken:
With respect to item # 15 - No reportable action.
With respect to item # 16 — The Board instructed staff and Legal Counsel to prepare a
notice of expiration for the employment agreement with Robert Martin as required
under his contract.
With respect to item #17 — Director Morales recused himself from this item and left
the meeting prior to any discussion. No other reportable action taken.
ADJOURN
The meeting was adjourned at 5:26 p.m.
Robert DeLoach, Secretary
(1
George E. Wilson, President
Minutes August 23, 2011 jph
Subject to approval
EAST VALLEY WATER DISTRICT September 13, 2011
REGULAR BOARD MEETING
MINUTES
The meeting was called to order at 3:00 p.m. by President Wilson. Director Malmberg led the
flag salute.
PRESENT: Directors: LeVesque, Malmberg, Morales, Sturgeon, Wilson
ABSENT: None
STAFF: Robert DeLoach, Interim General Manager; Brian Tompkins, Chief
Financial Officer; Ron Buchwald, District Engineer; Cecilia Contreras,
Executive Assistant
LEGAL COUNSEL: Steve Kennedy
GUEST (S): Charles Roberts (Highland Community News), Ron Coats, Ben
Coleman
PUBLIC PARTICIPATION
President Wilson declared the public participation section of the meeting open at 3:00 p.m.
There being no written or verbal comments, the public participation section was closed.
APPROVAL OF AGENDA
M /S /C (Sturgeon - LeVesque) that the September 13, 2011 agenda be approved as
submitted.
DISBURSEMENTS
M /S /C (Malmberg- Morales) that General Fund Disbursements #229665 through
4229889 which were distributed during the period of August 16, 2011 through September 5,
2011, in the amount of 1,171,612.13 and Payroll and benefit contributions for the period
ended September 5, 2011 and included checks and direct deposits, in the amount of
$216,300.16 be approved. Total Disbursements for the period of $1,387,912.29 are approved.
GENERAL MANAGERS EXPENSES
M /S /C (Malmberg- Morales) that the General Managers expenses be approved.
(Minutes 09/13/11 tint) 1
RESOLUTION 2011.27 — (RESOLUTION FOR CONSTRUCTION FUNDING
AGREEMENT) A RESOLUTION OF EAST VALLEY WATER DISTRICT
AUTHORIZING THE DISTRICT ENGINEER TO SIGN FUNDING AGREEMENT,
AMENDMENTS, AND CERTIFICATIONS FOR FUNDING UNDER THE SAFE
DRINKING WATER STATE REVOLVING FUND; ALITIIORIZING THE DISTRICT
ENGINEER TO APPROVE CLAIMS FOR REIMBURSEMENT; AUTHORIZING
THE DISTRICT ENGINEER TO EXECUTE BUDGET AND EXPENDITURE
SUMMARY; AUTHORIZING THE DISTRICT ENGINEER TO SIGN THE
CONTRACTORS RELEASE FORM AND THE DISTRICT ENGINEER TO SIGN
THE CERTIFICATION OF' PROJECT COMPLETION; AND DEDICATING
REVENUE FROM WATER RATES AS THE SOURCE OF REVENUE TO REPAY
SAID LOAN
M /S /C (Malmberg - Morales) that Resolution 2011.27 be approved.
RESOLUTION 2011.26 — (RESOLUTION FOR PLANNING FUNDING
AGREEMENT) — A RESOLUTION OF EAST VALLEY WATER DISTRICT
AUTHORIZING THE DISTRICT ENGINEER TO SIGN FUNDING AGREEMENT,
AMENDMENTS, AND CERTIFICATIONS FOR FUNDING UNDER THE SAFE
DRINKING WATER STATE REVOLVING FUND; AUTHORIZING THE DISTRICT
ENGINEER TO APPROVE CLAIMS FOR REIMBURSEMENT; AUTHORIZING
THE DISTRICT ENGINEER TO EXECUTE BUDGET AND EXPENDITURE
SUMMARY; AUTHORIZING THE DISTRICT ENGINEER TO SIGN THE
CONTRACTORS RELEASE; AND DEDICATING REVENUE FROM WATER
RATES AS THE SOURCE OF REVENUE TO REPAY SAID LOANS
M /S /C (Malmberg - Morales) that Resolution 2011.26 bc, approved.
ACCEPT LEGISLATIVE COMMITTEE MEETING MIN(AES FOR JUNE 27, 2011
M /S /C (Malmberg - Morales) that the Legislative Committee meeting minutes for June
27, 2011 be approved.
ACCEPT SPECIAL LEGISLATIVE COMMITTEE MEET ING MINUTES FOR JULY
1, 2011
M /S /C (Malmberg- Morales) that the Special Legislativc Committee meeting minutes
for July 1, 2011 be approved.
ACCEPT COMMUNITY AFFAIRS COMMITTEE MEETING MINUTES FOR MAY
5, 2011
M /S /C (Malmberg - Morales) that the Community Affairs Committee meeting minutes
for May 5, 2011 be approved.
(Minutes 09/13/11 tint) 2
ACCEPT COMMUNITY AFFAIRS COMMITTEE MEETING MINUTES FOR JUNE
7, 2011
M /S /C (Malmberg - Morales) that the Community Affairs Committee meeting minutes
for June 7, 2011 be approved.
GENERAL MANAGER / STAFF REPORT
The Interim General Manager stated that he will be meeting with an automated meter reading
company to discuss financial possibilities of installing the meters in phases to help cut costs;
that there is a potential to modify the water production staff work schedules to eliminate all
scheduled overtime unless there is an emergency; that due to the Delta improvements, the
cost to purchase state project water will be increasing $100 per acre foot for every ten billion
dollars spent of construction costs; that this increase will have a major, impact on water rates
in the future.
The District Engineer stated that the District has an agreement with the City of Highland for
the temporary line for the flushing of Plant 40; that this agreement is due to expire October
11, 2011 and the District is asking for an extension and a letter of request for permanent
storm drains be installed.
COMMITTEE REPORTS
a. Legislative Committee (Standing) — Director Morales stated that the committee will be
meeting in the near future; that September 9, 2011 was the last day for bills to emerge
and they are now on the desk for the Governor to review.
b. Community Affairs (Standing) — No reports at this time.
c. Policy Committee — (Standing) Director Morales stated that the committee is halfway
through the original tasks and are beginning to look at the next set of policies to
review.
d. Labor Negotiation Committee (Ad -Hoc) — No reports at this time.
e. Succession Planning Committee (Ad -Hoc) —No reports at this time.
ORAL COMMENTS FROM BOARD OF DIRECTORS
Director Malmberg stated that he is happy to be here and grateful for his opportunity to serve
on the Board and will continue to be attending Board meetings after December.
Director Sturgeon stated that Director Malmberg will be missed and hopes that he stays
involved with the District. He welcomed Ben Coleman to the Board; and thanked Ron Coats
for running a good campaign.
Director Morales thanked Director Malmberg for being involved with the District. He
welcomed Ben Coleman to the District.
Information only.
(Minutes 09/13/11 cu"') 3
The Board took a break at 3:16 pm
The Board returned to session al 3:23 p.m.
As previously stated, Director Morales will be recusing himself from item #15.
CLOSED SESSION
The Board entered into Closed Session at 3:23 p.m. as prop ided in the California Open
Meeting Law, Government Code Section 54945.9(a), to discuss items 414, 15 and 16 as listed
on the agenda.
ADJOURN TO REGULAR SESSION
President Wilson declared that the meeting adjourns to regular session.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
The Board returned to session at 4:03 pm. The items listed on the agenda were discussed in
closed session with no reportable action being taken. With respect to item 415, Director
Morales recused himself from thus item and left the meeting prior to any discussion.
The meeting was adjourned at 4:03 p.m.
Robert DeLoach, Secretary
George l3 "Slip" Wilson, President
(Minutes 09/13/11 —) 4
Subiect to amroval
EAST VALLEY WATER DISTRICT September 19, 2011
SPECIAL BOARD MEETING
MINUTES
President Wilson called the meeting to order at 5:00 p.m. by. Dr. Mathis led the flag salute.
PRESENT: Directors: LeVesque, Malmberg, Morales, Sturgeon, Wilson
ABSENT: None
STAFF: Robert DeLoach, Interim General Manager; Ron Buchwald, District
Engineer; Brian Tompkins, Chief Financial Officer; Justine
Hendricksen, Administrative Manager
LEGAL COUNSEL: Steve Kennedy
GUEST (S): Dr. Bill Mathis (Mathis Consulting), Charles Roberts (Highland
Community News), Ron Coats
PUBLIC PARTICIPATION
President Wilson declared the public participation section of the meeting open at 5:00 pm.
There being no verbal or written comments the public participation section was closed.
The Board took a break at 5:01 pm.
The Board returned to session at 5:09 pm.
DISCUSSION AND POSSIBLE ACTION REGARDING THE GENERAL
MANAGER APPOINTMENT PROCESS
Dr. Mathis stated that he had met with the Succession Committee to discuss the
applicants who have applied for the General Manager position. He stated that there are
a number of very qualified applicants and that the committee has narrowed down the
list to approximately fourteen individuals. The committee will interview the fourteen
(Minutes 09 /19 /11)jph I
individuals and narrow the list to no more than five finali�;Is. The five finalists will be
interviewed by the entire I3srrrd on November 2, 2011.
The Board also directed Dr. Mathis to continue his work xith the Board on developing
a Strategic Plan for the District.
DISCUSSION AND POSSIBLE ACTION REGARDING THE DEVELOPMENT
OF A FUTURE HEADQUARTERS /OPERATIONS ('ENTER
Mr. Buehwald provided information on five potential locations for a future
Headquarters /Operations Center. He provided detailed descriptions of each parcel and
answered a number of questions from the Board recta -ding the sites. The Board
eliminated site number one from the list of potential sites,
The Interim General Manager stated that staff will gather additional information on
each parcel in order for the I3oard to make an informed decision on whether or not the
parcel fits the criteria needed for a Headquarters /Operations Center.
ADJOURN
The meeting was adjourned at 6:49 p.m. until the next regular Board meeting.
Robert DeLoach, Secretar}
George F. Wilson, President
(Minutes 09 /19 /11)jph 2
East Val ley
t*oWater District
Staff Report
Meeting Date: September 27, 2011
TO: Board of Directors
SUBJECT: Development Agreement for the Highland Dairy Queen project
SUMMARY:
Issue — A Development Agreement between East Valley Water District
and the Owner /Developer of Dairy Queen is being presented to
the Board for adoption
Recommendation — Staff recommends that the Board approve the Development
Agreement
Fiscal Impact — None
Previous Related Action — None
BACKGROUND
Typical of most developments, a development agreement between the developer and the District is
prepared to define the requirements of each party in order to supply water and /or sewer service to a
project. Such an agreement was prepared for the new Highland Dairy Queen restaurant which will be
located on the corner of Baseline Road and Central Avenue.
DISCUSSION
The agreement was prepared for this project in order to provide a fire service and two 1 -inch water
services (one for irrigation and one for commercial use) for the Dairy Queen restaurant. These water
facilities will be dedicated to the District by Board action after the work is completed, inspected,
accepted by staff and presented to the Board.
Respectfully Submitted,
W t o_c J
Ron Buchwald
District Engineer
Attachments
Interim General Manager
SR# 0027
Dairy Queen - W2523
09/20111 din
DEVELOPMENT AGREEMENT FOR WATER AND SEWER
THIS AGREEMENT is made this — day of _, 201 I, by and between EAST
VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT "), and Young Shin
(hereinafter "the DEVELOPER').
RECITALS
A. The DISTRICT is a County Water District organised and operating pursuant to
California Water Code Section ,0000 et seq.
B. The DEVELOPER proposes to subdivide and develop certain real property within
the boundaries of the DISTRICT, which is located at 26897 Baseline Road, in the City of
Highland, County of San Bernardino, State of California, and is generally identified as
HIGHLAND DAIRY QUEEN (hereinafter "the PROPERTY). -�, copy of the Site Plan for the
PROPERTY is attached hereto as Exhibit "A" and is incorporated herein by this reference.
C. The development of the PROPERTY will consist of a drive -thru fast food
restaurant, and the DEVELOPER desires that the DISTRICT pro: ide domestic water and sewer
service to the PROPERTY. The DEVELOPER intends to design and construct the facilities
necessary for water and sewer service to be furnished to the PROPERTY.
D. The DISTRICT supplies domestic water and sewer service within the area to be
served and is the public agency empowered by law to provide such services to the PROPERTY.
E. The purpose of this AGREEMENT is to provide the terms and conditions under
which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to
supply water and sewer service to the PROPERTY (hereinafter "tlle PROJECT')
COVENANTS
NOW THEREFORE, in consideration of the preceding Recitals and the mutual
Covenants contained herein, the parties hereto agree as follows:
Dairy Queen - W2523
09/20/11 dm
Section I. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water and
sewer facilities for the PROPERTY in the following manner and according to the Rules and
Regulations of the DISTRICT:
a. The DISTRICT agrees to provide to the DEVELOPER tentative
water and sewer plans which conform to the requirements of the DISTRICT.
b. The DEVELOPER agrees to design the water and sewer facilities
for the PROPERTY in accordance with the DISTRICT's Standards for Design and
Processing of Water and Sewer Plans and the tentative 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 sole discretion.
C. The DISTRICT may request certain changes in the plans to
provide for oversizing of facilities, which DEVELOPER agrees to incorporate into
the plans and specifications for the PROPERTY.
d. The DEVELOPER shall furnish the DISTRICT with any and all
easements necessary for the construction, operation, maintenance, and repair of any
and all water and /or sewer facilities to be installed and /or used for the PROJECT.
All easements shall be submitted to the DISTRICT for review and approval by the
DISTRICT in the exercise of its sole discretion prior to the DISTRICT's acceptance
of any dedication of the PROJECT facilities under Section 6 of this
AGREEMENT.
e. The DEVELOPER shall submit all plans, drawings, specifications,
and contract documents, for all work to be performed pursuant to this
AGREEMENT, to the DISTRICT for review and approval, if acceptable to the
DISTRICT. The DISTRICT agrees to review all such documents in a timely
manner and, upon inclusion of all changes thereto requested by the DISTRICT in a
2
Dairy Queen - W2523
09 /20 /Ildm
manner 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 olhcr water or sewer facilities for
use on the PROPERTY until the DISTRICT so authorizes.
Section 2. CONSTRUCTION OF FACILITIES. The DEVELOPER agrees to construct the
PROJECT and all other water and sewer facilities necessary for the PROPERTY in the following
manner subject to the DISTRICT'S approval:
a. The DEVELOPER shall obtain all necessary permits from the City
of Highland and all other public or private agencies required for the construction
thereof. The PROJECT and the facilities appurtenant thereto shall be constructed at
a location determined by the DISTRICT, and shall he relocated by the DISTRICT
at the DEVELOPER's sole expense if such relocation is deemed necessary by the
DISTRICT in its sole discretion. The DEVELOPER hereby grants the DISTRICT
full access to the PROPERTY and all other locations where the work contemplated
herein is to be performed.
b. All facilities constructed pursuant to this AGREEMENT shall be
in accordance with accepted standards and practices in the industry and in
compliance with all local, state, and federal laws, rules, and regulations. The
DEVELOPER shall be responsible for providing all labor, materials, and
equipment necessary to perform the work for the PROJECT, and such work shall
be performed in a timely and workmanlike manner by a party or entity acceptable
to the DISTRICT. All such facilities shall conforrl 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 tv the DEVELOPER.
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C. The DISTRICT shall inspect and approve all work to be performed
under this AGREEMENT. However, any approval by the DISTRICT of such work,
or of the designs, specifications, reports, and /or materials furnished hereunder, is
understood to be conceptual approval only and will not operate to 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 will provide water and sewer service to the
PROPERTY only when 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.
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C. The DEVELOPER shall comph with all rules, regulations,
resolutions, and ordinances of the DISTRICT that sre currently in place or may
hereafter be adopted. and shall pay when due any and all fees, deposits, charges,
rates, fines, penalties, taxes, and /or assessments that may be levied by the
DISTRICT.
d. The DEVELOPER hereby consents. and waives any objection, to
the exercise of any and all collection remedies that ire available to the DISTRICT
under the law upon the PROPERTY and /or the person and /or property of
DEVELOPER and its shareholders and partners.
Section 4. SECURITY.
a. The DEVELOPER shall provide performance, completion, and /or
payment bonds for the PROJECT in the minimum amount of not less than 100
percent of the estimated construction costs coninining covenants, which are
acceptable to the DISTRICT. A cash deposit equal to the amount of the bonds is an
acceptable alternative to supplying the required bonds.
b. The DEVELOPER shall provide a maintenance bond for the
PROJECT in the amount of 100 percent of the construction cost, which shall
contain covenants which are satisfactory to the DIS "FRICT. 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. A cash deposit equal to the amount
ofthe bond is an acceptable alternative to supplyine the bond.
C. The DEVELOPER shall also procure; and maintain during the
performance of this AGREEMENT such policies of insurance, bonds from an
acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms
of security, in amounts and upon terms deemed sufficient by the DISTRICT in its
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sole discretion to protect the DISTRICT from any and all exposure to loss and /or
liability.
Section 5. COSTS FOR OVERSIZING. Not applicable to the PROJECT.
Section 6. DEDICATION OF FACILITIES.
A. The DEVELOPER shall, upon completion of the construction of
all facilities to be installed hereunder to the satisfaction of the DISTRICT, dedicate
said facilities to the DISTRICT by a deed of dedication or such other instrument as
the DISTRICT may prescribe, and the DISTRICT agrees to accept the dedication
thereof by formal action of its Board of Directors. Thereafter, such dedicated
facilities shall become and be operated and maintained by the DISTRICT as part of
the DISTRICT's water and sewer system. The DISTRICT shall not accept
dedication of said water or sewer facilities until all connection fees have been paid
unless otherwise allowed under Section 3.a. herein.
b. The DEVELOPER hereby grants the DISTRICT full access to the
PROPERTY for the purpose of installing, operating, inspecting, maintaining, and
repairing all meters, valves, and other appurtenances necessary for the DISTRICT
to record, regulate, and control the amount of water pumped there from.
Section 7. 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, and other labor disturbances and other catastrophic
events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other
provision to the contrary, the DISTRICT may suspend or refuse water service to the PROPERTY
if the DEVELOPER is in breach, default, or violation of this AGREEMENT or any rule,
regulation, resolution, and /or ordinance of the DISTRICT that is currently in place or may
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hereafter be adopted, or if such service would adversely affect tl-e health, safety, or welfare of
the DISTRICT's customers, or for any other reason deemed paramount by the DISTRICT in its
sole discretion.
Section 8. NO REPRESENTATIONS WARRANTIES, OR CLAIM OF WATER RIGHTS.
The DISTRICT makes no express or implied representations it warranties concerning the
quality, pressure, or temperature of any water delivered pursuant to the terms of this
AGREEMENT, or the manner in which the water is provided. or its fitness for any particular
purpose, and the DISTRICT shall not be held liable for any losses incurred or damages sustained
as a direct or indirect result thereof, nor shall the DISTRICT be held liable for any losses
incurred or damages sustained after the water furnished hereunder is transferred to the PROJECT
facilities. Any water conveyed by the DISTRICT under this AGREEMENT shall not serve as
the basis of, or otherwise support, any water rights claim that may be asserted by the
DEVELOPER.
Section 9. LIABILITY FOR DAMAGES. The DISTRICT shall not be held liable or
responsible for any debts or claims that may arise from the operation of this AGREEMENT, or
for any damage claims for injury to persons, including the DEVELOPER and /or its officers,
directors, shareholders, guests. invitees, trespassers, agents. contractors, consultants, and
employees, or for property damage, from any cause arising out of or in any way related to the
PROPERTY, the PROJECT, and /or the DEVELOPER's obligations hereunder.
Section 10. RELEASE. The DEVELOPER hereby expressly waives and releases the
DISTRICT and its agents, officers, directors, and employees fiom any and all liability for the
claims, actions, and /or losses >ct forth in Section 9 above and for any costs and expenses
incurred in connection therewith. The DEVELOPER, nomithstanding the provisions of
California Civil Code § 1542, wh ich 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
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executed release which if known by him or her must have materially
affected his or her settlement with the debtor."
expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER
thereunder and under any and all similar laws of any state or territory of the United States with
respect to the claims, actions, and /or losses referenced above. This AGREEMENT shall act as a
release of any claims that may arise from the aforementioned whether such claims are currently
known or unknown. The DEVELOPER understands and acknowledges the significance and
consequences such specific waiver of Civil Code § 1542 and hereby assumes full responsibility
for any injuries, damages, losses, or liability that may result from the claims identified above.
This AGREEMENT shall also act as a release of any claims, actions, and /or losses set forth in
Section 9 above, that may arise in the future whether such claims are currently foreseen or
unforeseen.
Section 11. HOLD HARMLESS. Excepting the sole or active negligence or willful
misconduct of the DISTRICT, the DEVELOPER shall indemnify and hold the DISTRICT and
its officers, directors, agents, and employees harmless from and against all claims and liabilities
of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on
the part of the DEVELOPER and /or its officers, directors, shareholders, partners, assignees,
guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with
the PROPERTY, the PROJECT, and the performance of their obligations under this
AGREEMENT, including design defects, even if occurring after the completion of the
PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees from any
suits or actions at law or in equity for damages, and pay all court costs and counsel fees in
connection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and hold the
DISTRICT harmless from and against all claims, losses, liabilities, damages, demands, actions,
,judgments, causes of action, assessments, penalties, costs, expenses (including, without
limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and
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accountants), and all foreseeable and unforeseeable consequential damages which might arise or
be asserted against the DISTRICT and /or the DEVELOPER u;iih regard to the PROPERTY
and /or the PROJECT which are alleged and /or determined to be tortious, and /or in violation of
present and future federal, stale, and local laws (whether under common law, statute, rule,
regulation, or otherwise), including, but not limited to, the California I :nvironmental Quality Act,
Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, California
Code of Regulations Section 15000 et seq., all as the same may be amended from time to time.
Section 12. NOTICES. Any notice, tender, or delivery to tie given hereunder by either
party to the other shall be effected by personal delivery in writing or by registered or certified
mail, postage prepaid, return receipt requested, and shall be deemed communicated as of mailing
or in the case of personal delivery., as of actual receipt. Mailed notices shall be addressed as set
forth below, but each party may change its address by written notice in accordance with this
section.
If to the DISTRICT: East Valley Water District
3654 highland Ave, Suite 18
Highland, CA 92346
Attn: General Manager
If to the DEVELOPER: Young Shin
27224 Baseline Road
Highland, CA 92346
Section 13. DISPUTES. Any dispute or controversy arising out of, under, or in connection
with, or in relation to this AGREEMENT, and any amendments thereto, or the breach thereof,
which is not resolved informally by prior mutual agreement of the parties hereto, shall be
submitted to arbitration in accordance with the Califomia Arbitrat ion Act, Sections 1280 through
1294.2 of the Code of Civil Procedure. The parties shall pay the cost of such arbitration equally;
however, the prevailing party in the arbitration shall be entitled to reimbursement of its
attorney's fees and other costs incurred in connection therewith.
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Section 14. ATTORNEYS FEES. If a dispute arises which cannot be resolved by arbitration,
regarding the breach or enforcement of the provisions of this AGREEMENT, the prevailing
party therein shall be entitled to recover all attorneys fees and other costs actually incurred in
connection with reaching a resolution of the dispute whether or not an action, claim, or lawsuit is
filed. In any action brought, the entitlement to recover attorney's fees and costs will be
considered an element of costs and not of damages.
Section 15. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly
and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs,
successors, legal representatives, and assigns, and each of the shareholders and partners of the
DEVELOPER in their individual, separate, and /or other capacities.
Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or
entity without the written consent of the parties hereto.
Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the
entire understanding of the parties hereto with respect to the subject matter hereof and supersedes
any and all prior agreements, whether oral or written, between the parties in connection
therewith. This AGREEMENT may not be amended unless in writing and signed by the parties
hereto.
Section 18. CAPTIONS. The captions of sections and subsections of this AGREEMENT are
for reference only and are not to be construed in any way as a part of this AGREEMENT.
Section 19. INTERPRETATION AND ENFORCEMENT. This AGREEMENT shall not be
construed against the party preparing it, but shall be construed as if both parties jointly prepared
this AGREEMENT and any uncertainty or ambiguity contained herein shall not be interpreted
against any one party. Failure by either party to enforce any provision of this AGREEMENT, or
any waiver thereof by such party, shall not constitute a waiver of said party's right to enforce
subsequent violations of the same or any other terms or conditions herein. This AGREEMENT
shall be enforced and governed by and under the laws of the State of California, and venue for
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any action brought to interpret and /or enforce any provision of this AGREEMENT shall be in a
state or federal court located in the State of California that �,ould generally have in rein
jurisdiction over the PROPERTY.
Section 20. SEVERABILI71`_. If any portion of this AGREEfv9ENT is declared by a court of
competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this
AGREEMENT shall continue in full force and effect.
Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and
the parties hereto agree to proceed in good faith, with due diliuence, to complete all covenants
and conditions set forth herein and to perform such further acts as is reasonably necessary to
effectuate the purpose of this AGREEMENT.
Section 22. AUTHORITY. Each individual executing this AGREEMENT on behalf of a
party hereto represents and warrants that he or she is fully and dull authorized and empowered to
so execute on behalf of such party. and that this AGREEMENT is. binding in the manner set forth
in Section 15 hereof.
IN WITNESS WHEREOF. the parties hereto have caused this AGREEMENT to be
executed by their respective officers as of the date first above written.
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DISTRICT:
By:
.ATTEST:
Secretary
East Valley Water District
President, Board of Directors
DEVELOPER:
.®
ATTEST:
Notary Public
Young Shin
Owner
12
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East Val ley
t*pWater District
Staff Report
Meeting Date: September 27, 2011
TO: Board of Directors
SUBJECT: Public Hearing to consider increase to Sewer Treatment Rates charged by the District
SUMMARY:
Issue — The rates for sewer treatment currently charged by EV WD to its
customers are not sufficient to cover the monthly sewer
treatment charges paid to the City of San Bernardino
Recommendation — It is recommended that the Board of Directors schedule a public
hearing for November 22 "d, 2011
Fiscal impact — Avoid sewer treatment rate deficits of $88,000 per month
resulting from the disparity between rates received and rates
paid. Losses resulting from not implementing increased City of
San Bernardino sewer treatment rates will be approximately
$388,000 by December 31, 2011
Previous Related Action — Adopted 2011 -12 fiscal year budget that did not contemplate an
increase in Sewer Treatment Rates
BACKGROUND
On January 11, 2011, the San Bernardino City Council voted to approve a two -step sewer treatment
rate increase. The first step, effective February 1, 2011, included a $1.00 (6.3 %) increase for
residential customers, and commercial rate increases ranging from $.00 to $35 per Hundred Cubic
Feet (HCF) of water usage, depending on the type of commercial entity. The second step, effective
.January 1, 2012, includes an additional $1.50 (8.8 %) increase for residential customers, and
commercial rate increases again of $.00 to $35 per HCF.
The District is obligated to pay sewer treatment rates charged by the City in accordance Joint Power
Agreements dated 1957 and 1965. In order to then pass the rates, paid to the City, on to District
customers, the District must adopt sewer treatment rates under its own rate hearing process. The City
requested that the District complete the rate hearing process, and begin paying the increased rates, as
of April 1, 2011. The District has been paying the City's increased rates, but has not yet held a rate
hearing to pass the increased rates on to our customers.
DISCUSSION
SR# 00026
DISCUSSION
Between the months of April and August of 2011, the District has lost approximately $228,000 by
subsidizing City rate increases on behalf of District customers, which is an average of $45,600 per
month. Staff estimates that an additional $160,000 will be refit °sired to subsidize the increased rates
for the remainder of the fiscal year — September through December.
On January 1, 2012, when the second step of the City rate increases becomes effective, the subsidy
would increase to approximately $88,000 per month, or approximately $528,000 in lost operating
income for the period January to June 2012.
Continuing to use the operating budget to fund the increased . reatment costs is having a negative
impact on our current budget situation and will likely impact cur ability to maintain our sanitary
sewer system as required. The District is required to maintain its public sewer system in order to
comply with provisions of the State Water Resource Control Board's directive, the Capacity
Management Operating & Maintenance, or CMOM, dealing wills sanitary sewer systems. Since the
City has passed the increased costs onto the District, staff has worked diligently to identify savings
and reduce our operating expenses; however, the increased costs for sewer treatment as promulgated
by the City have exceeded these efforts to reduce expenses to a manageable level.
Staff recommends that the District adopt sewer treatment rates, effective January 1, 2012, that are
identical to the City of San Bernardino sewer treatment rates that will become effective on the same
date.
If instructed to proceed, staff will finalize the hearing notice, update mailing lists, and deliver the
notice to the printer. This should be accomplished by the end of September. Assuming the printer
can mail notices within a week of receiving the notice from District, they will be mailed by October
7`h. Allowing for a 45 day wait period, a public hearing could be scheduled on or after November,
21" 2011.
Res ectfully Submitted,
Brian W To pkins w
Chief Financial Officer
by,
Robert A. DeLoach
Interim General Mziager
SRN 00026
EM71 Z
Description of District
The East Valley Water District (EVWD) is a California Special District established in
1954 under section 30000 et seq. of the California Water Code. The District serves
approximately 65,000 residents in the City of Highland, and portions of the City of San
Bernardino and the County of San Bernardino, in a service area of approximately 30
square miles.
The District is engaged in pumping, treating and distributing water to its customers, as
well as maintaining a collection system for residential and commercial wastewater that is
delivered for treatment at a plant owned by the City of San Bernardino Water
Department.
Notice of Public Hearing for Proposed Sewer Treatment Rate Increase
Article XIIID of the California Constitution requires the East Valley Water District
(EVWD) to send notification of a proposed rate increase to all owners and tenants of real
property within EVWD's service area who would be directly liable to pay for water and /
or sewer service to the property at least 45 days prior to a public hearing at which
adoption of the proposed rate increases will be considered. Please be advised that this
document shall serve as formal notification to you that EVWD's Board of Directors will
hold a Public Hearing on the proposed increases described herein on Tuesday, November
22nd, 2011, at 6 pm in the East Valley Water District Board Room located at 3654 E
Highland Ave, Suite 30, Highland, California.
Why Sewer Treatment Rates are Rising
The East Valley Water District does not provide sewer treatment services to its
customers. Instead, the District contracts with the City of San Bernardino for sewer
treatment in accordance with Joint Powers Agreements (JPA) dated 1957 and 1965, as
amended. Under the JPAs, wastewater collected by the District's sewer mains is
conveyed to the City of San Bernardino Treatment Plant for treatment. The JPAs also
stipulate that the City and District will adopt uniform ordinances affixing sewer treatment
charges for customers within their respective service areas, and that the rate setting body
will be the City Council of the City of San Bernardino.
On January 10, 2011, the San Bernardino City Council held a public hearing to review
the findings of a rate study performed by the engineering firm of R.W. Beck. Based on
that study, the City of San Bernardino Water Department staff recommended that the
Council approve a two step sewer treatment rate increase, with incremental increases to
become effective on February 1, 2011 and January 1, 2012. The rate increases
recommended by City staff were approved.
Copies of the R.W. Beck study and the City Water Department staff report are available
on the EVWD's website uwiv eash�allev ore.
East Valley Water District refrained from passing through the City rate increases to
District customers while members of the District Board and Staff investigated the reasons
for, and necessity of, the amount of the increases. As a resul the District has been
subsidizing bills to District customers by continuing to bill customers at old sewer
treatment rates while remitting payment to the City at the increased rates. Having met
with City Water Department staff, and toured sewer treatment tcilities, and unable to
subsidize the rate increases indefinitely, the District must now consider adopting sewer
treatment rates being charged by the City.
How to Participate in the Hearing Process
If you have any question or comments about the proposed rate;, or wish to protest, you
may:
Write — written protests may be mailed or delivered in person to East Valley Water
District, Attention Board Secretary, PO Boxes 3427, San Bemardino, CA 92413. Written
protests must specify the rate or charge being protested and must Include your name,
parcel number and / or service address, and your signature. E- mailed protests will not be
accepted. Please identity on the front of the envelope, whether mailed or delivered in
person, which fee you are protesting
Attend the Public Hearing — written protests may also be submitted at the Public
Hearing on November 22nd 2011 at 6 pm in EVWD Board Room. 3654 E. Highland
Ave. Suite 30 Highland California. Written protest must be received before the
conclusion of the Public Hearing. You may address the Board: however, oral comments
do not qualify as a formal protest unless accompanied by a writtcr. protest.
Call, Visit or Log -on - copies of the R.W. Beck study and the City Water Department
staff report, along with the proposed Sewer Ordinance and Rate Resolution containing
the new Sewer Treatment Rate, are available on the EVWD's website
wit i casmallev.or'e., at the EV WD office, or by calling (909) 8854900.
Public Hearing Process — at the time of the Public Hearing, the F3oard of Directors will
hear and consider all protests and objections. After the Public Hearing, if a majority of
the property owners and tenants of real property directly liable for paying water and
sewer bills for the affected parcels file written protests in opposition m the proposed rate
increases, the increases will not be imposed. However, if a majority protest is not
received, EVWD's Board of Directors may increase its sewer treatment rates in the
manner described in this Notice. If adopted, the proposed rates a -ould become effective
January 1, 2012, bringing the Sewer Treatment rates billed by the District into alignment
with the Sewer Treatment rates the District pays to the City of San Bernardino.
Residential sewer treatment charges:
Monthly fixed charge
Commercial sewer treatment charges:
Monthly fixed charge
Volume charges (per I [('F of water used)
Multi- family (4+ units, incl. MHP)
Commercial /Retai VLight Industrial
Restaurants, motels w /restaurants
Laundromats
Dry Cleaners
Schools, Daycare, Churches
Offices, Motels iv Restaurants
Hospitals, Convalescent Homes
Auto Repair/ Service / Wash
16.00
185'1
18.50
2.00
240
2.40
.95
1.25
1.25
1.90
2 -10
2.10
2.00
2.70
2.70
1.30
1.5':)
1.50
1.90
22,
2.20
.70
1,1n
1.10
1.50
1.51
1.50
.95
1.35
1.35
1.30
1 .30
1.30