HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 12/13/2011East Valley
Water District
3694 HIGHLAND AVE., SUITE #30, HIGHLAND, CA
BOARD MEETING December 13, 2011 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
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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.
1. Approval of Agenda
2. Adjourn
to East Valley Public Facilities Corporation
3. Reconvene to East Valley Water District's regular Board meeting
4. Adjourn to East Valley Water District's Financing Authority
5. Reconvene to East Valley Water District's regular Board meeting
6. 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
removed from the Consent Calendar.
a. Approval of Special Board meeting minutes for November 2, 2011
b. Approval of Board meeting minutes for November 8, 2011
C. Approval of Board meeting minutes for November 22, 2011
d. Directors' fees and expenses for October and November 2011
e. Accounts Payable Disbursements: Accounts Payable Checks #230665 through
#230869 which were distributed during the period of November 15, 2011 through
December 5, 2011 in the amount of $1,268,478.66. Payroll and. benefit contributions
for the period ended December 5, 2011 and included checks and direct deposits, in
the amount of $619,222.32. Total Disbursements for the period $1,887,700.98
NEW BUSINESS
7. Approval of employment agreement between East Valley Water District and John Mura
8. Board Reorganization:
a. Election of Officers: President
Vice President
b. Appointment: General Manager
Chief Financial Officer
Board Secretary
c. Committee Assignments for 2012
9. Setting time, day and place for holding meetings
10. Approval to schedule a public hearing on January 11, 2012 to consider changes to Ordinance
375
1 1. a) Approval of Memorandum of Understanding between The East Valley Water District and
the San Bernardino Public Employees Association
b) Resolution 2011.28 — Resolution for employer paid member contributions effective
January 1, 2012
REPORTS
12. General Manager /Staff Reports
a. East Valley Water District Corporate Culture and Values
b. December 27, 201 1 Board meeting
c. Patton Hospital Sewer System
d. Increased Sewer Revenue
13. Legal Counsel Report
14. Committee Reports
a. Legislative (Standing)
b. Community Affairs (Standing)
c. Succession Planning Committee (Ad -Hoc)
15. Oral comments from Board of Directors
2
CLOSED SESSION
16. PUBLIC EMPLOYEE APPOINTMENT
[Government Code Sections 54957]
Title_ General Manager
ADJOURN
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Pursuant to Government Code Section 54954.2(a), any request for a disability - related modification or
accommodation, including auxiliary aids or services, that is sought in order to participate in the above -
agendized public meeting should be directed to the District's Administrative Manager at (909) 885 -4900 at
least 72 hours prior to said meeting.
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EAST VALLEY PUBLIC FACILITIES CORPORATION
3694 E. Highland Avenue Suite 30 December 13, 2011
Highland, California 3:00 p.m.
AGENDA
CALL TO ORDER
1. Public Participation
2. Approval of agenda
3. Approval of December 14, 2010 minutes
4. Appointment of Directors
5. Appointment of Officers
6. Setting the date, time and place of annual meeting
7_ Adjourn to East Valley Water District Board Meeting
Subject to approval
EAST VALLEY PUBLIC FACILITIES CORPORATION December 14, 2010
MINUTES
President Wilson called the meeting to order at 3:00 p.m.
PRESENT: Directors: Le Vesque, Malmberg, Morales, Sturgeon, Wilson
ABSENT: None
STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial
Officer; Ron Buchwald, District Engineer; Cecilia Contreras,
Administrative Office Specialist; Justine Hendricksen,
Administrative Manager; Gary Sturdivan, Safety 8L Regulatory
Affairs
LEGAL COi_JNSEL: Steve Kennedy
GUEST (S): Charles Roberts (Highland Community News), Dr. Bill Mathis
(Mathis Group); Larry Sharp (CSUSB), Mike Kovac (CSUSB);
Susie Earp (CSUSB); Cara Van Dijk (CV Strategies); Alex Altman
(CV Strategies); Dick Corneille (CDM); Terry Jones (Baseline
Gardens Mutual Water District); Board Members from Baseline
Gardens Mutual Water Company
PUBLIC COMMENTS
President Wilson declared the public participation section of the meeting open at 3:00
p.m.
There being no verbal or written comments the public participation section was closed.
APPROVAL OF DECEMBER 8, 2009 PUBLIC FACILITIES CORPORATION
MINUTES
M /S /C (Morales- Malmberg) that the December 8, 2009 Public Facilities
Corporation minutes be approved as submitted.
1 Minu[es 12/14/(0
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APPOINTMENT OF DIRI✓CTORS
M /S /C (Malmberg- Levesque) that the following slate of directors be approved:
Matt Levesque
Larry Malmberg
James Morales, Jr.
Kip Sturgeon
George Wilson
M /S /C (Sturgeon- Morales) that the following slate of officers be approved for the
East Valley Public Facilities Corporation:
President —
George E. Wilson
ls` Vice President —
Matthew S. Levesque
2 "� Vice President —
Jatnes Morales, Jr.
Secretary —
Robert E. Martin
Treasurer —
Brian W. Tompkins
ADJOURN
President Wilson declared the Public Facilities Corporation meeting be closed and
adjourned to the Regular Board Meeting of the East Valley Water District Board of
Directors at 3:02 pm.
Robert E. Martin, Secretary
George Wilson, President
2 Minutes (2/14/10
anc
EAST VALLEY PUBLIC FACILITIES CORPORATION
BOARD OF DIRECTORS
DECEMBER 14, 2010
Matthew S. Le Vesque
Larry Malmberg
James Morales Jr.
Kip Sturgeon
George E. Wilson
EAST VALLEY PUBLIC FACILITIES CORPORATION OFFICERS
DECEMBER 14, 2010
Board President
1st Vice President
2nd Vice President
Secretary
Treasurer
George E. Wilson
Matthew S. Le Vesque
James Morales Jr.
Robert E. Martin
Brian W. Tompkins
PFC Officers.doc
EAST VALLEY WATER DISTRICT FINANCING AUTHORITY
3694 E. Highland Avenue Suite 30 December 13, 2011
Highland, California 3:00 p.m.
AGENDA
CALL TO ORDER
1 . Public Comments
2. Approval of Agenda
3. Approval of December 14, 2010 minutes
4. Appointment of Directors
5. Appointment of Officers
4. Setting the date, time and place of annual meeting
5. Adjourn to East Valley Water District Board Meeting
Subject to approval
EAST VALLEY WATER DISTRICT'S December 14, 2010
FINANCING AUTHORITY
MINUTES
President Wilson called the meeting to order at 3:02 p.m.
PRESENT: Directors: Le Vesque, Malmberg, Morales, Sturgeon, Wilson
ABSENT: None
STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial
Officer; Ron Buchwald, District Engineer; Cecilia Contreras,
Administrative Office Specialist; Justine Hendricksen,
Administrative Manager; Gary Sturdivan, Safety 8t Regulatory
Affairs
LEGAL COUNSEL: Steve Kennedy
GUEST (S): Charles Roberts (Highland Community News), Dr. Bill Mathis
(Mathis Group); Larry Sharp (CSUSB), Mike Kovac (CSUSB);
Susie Earp (CSUSB); Cara Van Dijk (CV Strategies); Alex Altman
(CV Strategies); Dick Corneille (CDM); Terry Jones (Baseline
Gardens Mutual Water District); Board Members from Baseline
Gardens Mutual Water Company
PUI3LIC PARTICIPATION
President Wilson declared the public participation section of the meeting open at 3:02
pm.
There being no verbal or written comments the public participation section was closed.
APPROVAL OF SEPTEMBER 28, 2010 BOARD MEETING MINUTES
M /S /C (Morales - Levesque) that the September 28, 2010 board meeting minutes
be approved as submitted.
1 Minutes 12/l4/10
tcmc
RESOLUTION 2010.05 — A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT FINANCING AUTHORITY
AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY
INVESTMENT FUND
M /S /C (Sturgeon - Levesque) that Resolution 2010.05 be approved.
ADJOURN
President Wilson declared the Public Facilities Corporation meeting be closed and
adjourned to the Regular Board Meeting of the East Valley Water District Board of
Directors at 3:04 pm.
Robert E. Martin, Secretary
George Wilson, President
2 Minutes 12/14/10
ain�
EAST VALLEY WATER DISTRICT FINANCING AUTHORITY
DIRECTORS
AUGUST 24, 2010
Matthew S. Levesque
Larry Malmberg
James Morales Jr.
Kip Sturgeon
George E. "Skip" Wilson
EAST VALLEY WATER DISTRICT FINANCING AUTHORITY
OFFICERS
AUGUST 24, 201
0
President — George E. "Skip" Wilson
Vice President — Matt Levesque
Director of Finance — Brian Tompkins
Executive Director /Secretary — Robert Martin
Subject to approval
EAST VALLEY WATER DISTRICT November 2, 2011
SPECIAL BOARD MEETING
MINUTES
President Wilson called the meeting to order at 8:34 a.m.
PRESEN "T: Directors: Le Vesque, Mahnberg, Sturgeon, Wilson
ABSENT: Director: Morales
STAFF: Robert DeLoach, Interim General Manager; Brian Tompkins, Chief Financial
Off cer; Justine I Iendricksen, Administrative Manager
LI✓GAL COUNSI✓L: Steve Kennedy
GUEST (S): Dr. Bill Mathis (Mathis Consulting Group)
PUBLIC PARTICIPATION
President Wilson declared the public participation section of the meeting open at 8:35 a.m.
There being no verbal or written comments the public participation section was closed.
CLOSED SESSION
The Board entered into Closed Session at 8:35 a.m. as provided for in the California Open Meeting
Law, Government Code Section 54945.9(x), to discuss the item listed on the agenda.
The Board took a break from 12:00 pm 1.:00 pm.
The Board returned to closed session at 1 :00 pm.
ADJOURN TO REGULAR SESSION
President Wilson declared that the meeting adjourn to regular session.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
The Board returned to regular session at 2:20 p.m. The items listed on the agenda were discussed
in Closed Session with no action being taken.
ADJOURN
The meeting was adjourned at 2:20 p.m.
Robert DeLoach, Secretary George E. Wilson, President
(Special Meeting Minutes 1 1/02/1 I jph)
4ubjec� to approval
EAST VALLEY WATER DISTRICT November 8, 2011
REGULAR BOARD MEETING
MINUTES
President Wilson called the meeting to order at 3:00 p.m. The Interim General Manager led
the flag salute.
PRESENT: Directors: Levesque, Malmberg, Morales, Sturgeon, Wilson
ABSENT: None
STAFF: Robert DeLoach, Interim General Manager; Brian Tompkins, Chief
Financial Ofl-icer; Eliseo Ochoa, District Engineer; Justine
IIendricksen, Administrative Manager
LL -;GAL COUNSEL: Steve Kennedy
GUEST (S): Charles Roberts (Highland Community News), Ron Coats, Ben
Coleman, Robert Reeb (Reeb Governmental Relations, LLC), Scott
Crawford (Lewis Companies), Pat Wood (Lewis Companies), Mark
Anderson (RBF Consulting)
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 (Levesque- Sturgeon) that the November 8, 2011 agenda be approved as
submitted.
APPROVAL OF BOARD MEETING MINUTES FOR OCTOBER 25, 2011
M /S /C (Levesque- Sturgeon) that the Board meeting minutes for October 25, 201 1 be
approved as submitted.
APPROVAL OF FINANCIAL STATEMENTS FOR THE PERIOD ENDED AUGUST
31, 2011
M /S /C (Levesque- Sturgeon) that the financial statements for the period ended August
3 1, 201 1 be approved.
(Minutes 1 I /OS /I1 jph) 1
DIRECTORS FEES AND EXPENSES FOR OCTOBER 2011
M /S /C (Levesque- Sturgeon) that the Directors fees and expenses for October 201 1 be
approved.
DISBURSEMENTS
M /S /C (Levesque- Sturgeon) that General Fund Disbursements #230367 through
#230486which were distributed during the period of October 19, 2011 through November 1,
201 1, in the amount of $1,029,019.16 and Payroll and benefit contributions for the period
ended November 1, 2011 and included checks and direct deposits, in the amount of
$171,454.87 be approved. Total Disbursements for the period of $1,200,474.03 are approved.
PRESENTATION BY THE LEWIS OPERATION CORPORATION REGARDING
THE FUTURE HARMONY DEVELOPMENT PROJECT
Representatives from Lewis Operating Corporation provided information to the board
regarding the future Harmony development project. The project is located at the end of
Greenspot Road and was formally known as the "Sunrise Ranch" project. Lewis Corporation
is working with the City of Highland and developing a residential master plan. A number of
items were discussed during the presentation including but not limited to:
• Challenges regarding water /sewer service
• Sewer treatment plant/pumping stations
• Domestic water supply /groundwater recharge
• San Bernardino Valley Municipal Water District (possible service connections)
• Recycled water concepts
• Building standards
• Enviromnental impacts
The presentation was for informational purposes only.
GENERAL MANAGER /STAFF REPORT
Mr. Reeb reviewed the legislative positions taken by the District in 201 1. Mr. Reeb stated that
the District actively monitored or engaged in direct lobbying efforts on over 34 bills this year
and highlighted a handful of these bills. Many are now two -year bills due and may be taken
up for consideration in January 2012. He stated that local accountability and transparency
was one of the major focuses this year. He stated that the budget continues to be challenged
in these economic times and that there may be many changes next year as it is an election
year. He is looking forward to working with the District in the coming year. Information
only.
LEGAL COUNSEL REPORT
(Minutes � 1 /OS /11 Ip��) 2
Mr. Kennedy provided an update to the Board regarding the Santa Ana Sucker lawsuit.
Information only.
COMMITTEE REPORTS
a. Legislative Committee (Standing) — No report at this time.
b. Community Affairs (Standing) — No report at this time.
c. Labor Negotiation Committee (Ad -IIoc) — No report at this time.
d. Succession Planning Committee (Ad -Hoc) — No report at this time.
012AL COMMENTS FROM BOARD OF DIRECTORS
No comments from the Board of Directors.
The Board took a break at 3:58 pm
The Board returned to session at 4:08 p.m.
Director Morales will be recusing himself from item No. 12.
CLOSED SESSION
The Board entered into Closed Session at 4:08 p.m. as provided in the California Open
Meeting Law, Government Code Section 54945.9(a), to discuss items listed on the agenda.
AllJOURN TO REGULAR SESSION
President Wilson declared that the meeting adjourns to regular session.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
The Board returned to session at 5:15 pm. The items listed on the agenda were discussed in
closed session with no reportable action being taken.
Director Morales recused himself from discussion of all matters related to Item. No. 12 due to
his membership in SBPLA and physically vacated the building prior to the Board's
deliberation of that item.
The meeting was adjourned at 5: ] 5 p.m.
Robert DeLoach, Secretary
George )✓ "Skip" Wilson, President
(Minutes 11 /OA /I l _jph) 3
Subject �o nooroval
EAST VALLEY WATER DISTRICT November 22, 201.1
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: None
STAFF: Robert DeLoach, Interim General Manager; Brian Tompkins, Chief
Financial Officer; Eliseo Ochoa, District Engineer; Justine
I�endricksen, Administrative Manager
LEGAL COUNSEL: Steve Kennedy
GUEST (S): Charles Roberts (Highland Community News), Ron Coats
PUBLIC PARTICIPATION
President Wilson declared the public participation section of the meeting open at 3:00 p.m.
"l�here being no written or verbal comments, the public participation section was closed.
APPROVAL OF AGENDA
M /S /C (Levesque- Malmberg) that the November 22, 2011 agenda be approved as
submitted_
DISBURSEMENTS
M /S /C (Levesque- Malmberg) that General Fund Disbursements #230487 through
#23066 which were distributed during the period of November 2, 201 1 through November 14,
201 1, in the amount of $1,029,019.16 and payroll and benefit contributions for the period
ended November 14, 2011 and included checks and direct deposits, in the amount of
$227,950.28 be approved. Total Disbursements for the period of $1,106,865.08 are approved.
AUTHORIZATION TO SEND A LETTER TO DISTRICT EMPLOYEES
REGARDING THE 2011 EMPLOYEE AWARDS BANQUET
Nf /S /C (Morales- L,eVesque) that the Board authorizes staff to send a letter to District
employees regarding the 201 1 employee awards banquet.
�M��,���s i v22ii t ,iii,) 1
APPROVAL OF CONSULTING AGREEMENT BETWEEN EAST VALLEY WATER
DISTRICT AND ROBERT E MARTIN FOR PROFESSIONAL CONSULTING AND
TECHNICAL REPRESENTATION SERVICES
M /S /C (Malmberg- Levesque) that the consulting agreement between East Valley
Water District and Robert E. Martin for professional consulting and technical representations
services be approved.
GENERAL MANAGER /STAFF REPORT
The Interim General Manager stated that the labor contract was voted on and approved by the
employees and SBPEA. However, after reviewing the final documents the District noticed
that two items were incorrect. The two items of concern do not affect current employees and
SBPEA will be asking their membership to re -vote on these items.
The lnterinl General Manager also stated that the December 27t1i Board meetin� may be
canceled unless warranted and that he will provide an update at the December 131t meeting
regarding this issue.
LEGAL COUNSEL REPORT
No report at this time.
COMMITTEE REPORTS
a. Legislative Committee (Standing) — No report at this time.
b. Community Affairs (Standing) — No report at this time.
c. Labor Negotiation Committee (Ad -Hoc) — No report at this time.
d. Succession Planning Committee (Ad -Hoc) — No report at this time.
The Board President dissolved the Labor Negotiation Committee.
ORAL COMMENTS FROM BOARD OF DIREC "TORS
Director Malmberg stated that it has been a pleasure serving on the Board of Directors for
East Valley Water District.
Director Sturgeon would like the Board to review his memorandum and consider his
recommendation regarding the awards banquet.
Director Morales stated his appreciation to Director Malmberg for serving on the Board of
Directors of East Valley Water District and for his continued commitment to the community
and That his service was greatly appreciated.
The meeting was adjourned at 3:1 1 p.m.
Robert DeLoach, Secretary
George E. Wilson, President
(Minutes 11/22/11 jph) 2
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EAST VALLEY WATER DISTRICT
DIRECTOR'S FEES AND EXPENSE REPORT
DIRECTOR Matt Le Vesque
Board Meetings 8 -Nov, 22 -Nov
Conferences and Other Meetinos
DATE
ORGANIZATION
1 -Nov
City of San Bernardino
2 -Nov
EVWD
3 -Nov
City of Highland
4 -Nov
EVW D
7 -Nov
EVW D
8 -Nov
'EVWD
1 O -Nov
EVWD
14 -Nov
SBVMWD
16 -Nov
EVW D
21 -Nov
California Forward
22 -Nov
"EVW D
Travel Expenses: (Details on Back)
Director's Signature
Date of
Board Approval
Administrative
Manager
Miscellaneous
Notes
MONTH November .2011
PURPOSE
Meetino w/ Councilmember F. Shorett
Special Meeting - GM Selection
Meeting w/ Councilmembers J. Scott, P_ Lilburn
Succession Planning Committee - GM contract terms
Meeting w/ B. Coleman, S_ Kennedy
Dinner w/ B. Reeb, K. Sturgeon
Meeting w/ R. Del.oach, J. Morales, J. Cimino
Santa Ana Sucker Task Force
Meeting with R. DeLoach
Briefing
218 Hea
TOTAL # OF MEETINGS 13 @ $150.00 each $ 1,500.00
$ 212.21
Total Director's Meetings &Expenses $ 1,712.21
Less Any Advance Payments $
TOTAL DUE DIRECTOR $ 1,712.21
TRAVEL EXPENSES
Lodainas: (Detailed receipts attached')
DATE FUNCTION ATTENDED
AMOUNT
TOTAL LODGING
$
Personal Auto:
(Detailed receipts attached ")
PARKING
DATE
FUNCTION ATTENDED
MILES
FEES
4 -Nov
Succession Planning
48
$
TOTAL FEES
$
CURRENT RATE:
$0.555 TOTAL
MILES 48
$
26.64
Meals:
(Detailed receipts attached ")
DATE
FUNCTION ATTENDED
AMOUNT
1 -Nov
Meeting w/ F. Shorett
$
31.06
8 -Nov
B. Reeb, K. Sturgeon
$
73.51
$
TOTAL MEALS
$
104.57
Other:
(Detailed receipts attached")
DATE
FUNCTION / NATURE OF EXPENSE
AMOUNT
30 -Nov
GETS Wirelsss Priority Service (7 -10 to 12 -11 0 $4.50)
$
81.00
TOTAL OTHER
$
81.00
ORIGINAL RECEIPTS REQUIRED
TRAVEL EXPENSES
$
212.21
EAST VALLEY WATER DISTRICT
DIRECTOR'S FEES AND EXPENSE REPORT
DIRECTOR Larry Malmberg MONTH November .20'11
Board Meetings `11 -2 -201 1
Conferences and Other Meetinos
DATE
ORGANIZATION
PURPOSE
9 -Nov
`SBACC
San Bernardino Chamber
14 -Nov
`EVWD
Meet with Robert in Fontana
16 -Nov
'EVWD
ERNIE Meeting at EVWD
72-1,)ov
_�d'O TI
Rate bearing and board meeting.
23 -Nov
'SBACC
San Bernardino Chamber
30 -Nov
'SBACC
San Bernardino Chamber
TOTAL # OF MEETINGS 7 @ $175.00 each $
1,225.00
Travel Expenses: (Details on Back)
$
Total Director's Meetings & Expenses $
1,225.00
Director's Si nature%
" - - Less Any Advance Payments $
Date of
`�
Board Approval
-._.._
f TOTAL DUE DIRECTOR $ 1 ,225.00
Administrative
Manager
Miscellaneous
Notes
TRAVEL EXPENSES
Lodgings (Detailed receipts attached')
DATE FUNCTION ATTENDED AMOUNT
TOTAL LODGING $
Personal Auto: (Detailed receipts attached ")
PARKING
DATE FUNCTION ATTENDED MILES
FEES
TOTAL FEES $
CURRENT RATE: $0.51 TOTAL MILES $
Meals: (Detailed receipts attached ")
DATE FUNC "PION ATTENDED AMOUNT
$
TOTAL MEALS $
Other: (Detailed receipts attached')
DATE FUNCTION /NATURE OF EXPENSE AMOUNT
$
TOTAL OTHER $
" ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $
EAST VALLEY WATER DISTRICT
DIRECTOR'S FEES AND EXPENSE REPORT
DIRECTOR: Morales
Board Meetings: 1 1 , 25
Conferences and Other Meetings
MONTH October 2011
DATE ORGANIZATION PURPOSE
10 CDIAC CA Debt and Investment and Advisory Comm. Webinar —Bond Math I
21 ACWA Legislative Committee (review board package /planning next session)
27 CA Water Quality Monitoring Collaboration_ CA Pollution Trends Monitoring Program Webinar
TOTAL # OF MEETINGS 5 @ $150.00 each $750.00
Travel Expenses: (Details on Back) $
Total Director's Expenses $__ _____
Total Director's Meetings &Expenses $750.00
Director's Signature Less any Advance Payments $
Date of Board Approval TOTAL DUE DIRECTOR $750.00
EVWD Exo OGT 201 Ltloc
TRAVEL EXPENSES
Lodgings: (Detailed receipts attached`)
DATE FUNCTION ATTENDED AMOUNT
$
$
$
$
TOTAL LODGING $
g
Personal Auto: (Detailed receipts attached')
DATE FUNCTION ATTENDED MILES PARKING FEES
$
TOTAL FEES $
TOTAL MILES x $.555 per mile $
Meals: (Detailed receipts attached")
DATE FUNCTION ATTENDED AMOUNT
TOTAL MEALS $
Other: (Detailed receipts attached')
DATE FUNCTION ATTENDED AMOUNT
$
$
TOTAL OTHER $
" ORIGINAL RECEIPTS REQUIRED
TRAVEL EXPENSES $
(Enter this total on the front of form)
E-D E.. OCT 2011.0-
EAST VALLEY WATER DISTRICT
DIRECTOR'S FEES AND EXPENSE REPORT
DIRECTOR: Morales
Board Meetings: 8, 22
Conferences and Other Meetincs
MONTH November 2011
DATE ORGANIZATION PURPOSE
03 CMUA Legislative Committee (review board package /planning next session)
22 EVWD Sewer Rate Hearing (no charge)
30 CDIAC CA Debt and Investment Advisory Commission Webinar —Bond Math II
TOTAL # OF MEETINGS 5 @ $150.00 each $750.00
Travel Expenses: (Details on Back) $
Total Director's Expenses $_ _
Director's Signature_
Date of Board Approval
Evwo Exo Nov zoi 1 tloc
Total Director's Meetings &Expenses $750.00
Less any Advance Payments $
TOTAL DUE DIRECTOR $750.00
TRAVEL EXPENSES
Lodgings: (Detailed receipts attached)
DATE FUNCTION ATTENDED AMOUNT
$
TOTAL LODGING $
Personal Auto: (Detailed receipts attached')
DATE FUNCTION ATTENDED MILES PARKING FEES
$
$
TOTALFEES $
TOTAL MILES x $.555 per mile $
Meals: (Detailed receipts attached")
DATE FUNCTION ATTENDED AMOUNT
$
$
$
TOTAL MEALS $
Other: (Detailed receipts attached")
DATE FUNCTION ATTENDED AMOUNT
$
$
TOTAL OTHER $
'ORIGINAL RECEIPTS REQUIRED
TRAVEL EXPENSES $
(Enter this total on the front of form)
EVWD Ex NOV 2011.doc
EAST VALLEY V`:r,TER DISTRICT
DIRECTOR'S FEES AND EXPENSE REPORT
DIRECTOR Sturgeon PJIONTH 11
20� �
Board Meetings 2 - 8 - 2 2 - 2 2
Conferences and Othsr ME2tings
DATE ORGANIZATION
9
17
EVWD
EVWD
PURPOSE
Swearing -In of New Term
Meeting with. General Manager
TOTAL # OF MEETINGS 5 @ $� 50.00 each $ � 5 O _ O O
Travel Expenses= (Details on Back) $
Total Director's Meetings &Expenses $ 7 5 0. 0 0
_ _ _...
Director's Signature � i �''� —�
Date of
Board Approval December 13 , 2011
Administrative
Manager
Miscellaneous
Notes
:��� 1
Less Any Advance Payments $
TOTAL DUE DIRECTOR y 7 5 0_ 0 0
V
EAST VALLEY WATER DISTRICT
DIRECTOR'S FEES AND EXPENSE REPORT
DIRECTOR WILSON MONTH nov , 2011
Board Meetings 11/8;11/22
Conferences and Other Meetings
DATE ORGANIZATION PURPOSE
21 -Nov EVWD Mtg with Gen Mgr
TOTAL # OF MEETINGS 3 @ $175.00 each $ 525.00
Travel Expenses: (Details on Back) $
Total Director's Meetings &Expenses $ 525.00
/�� %�.,�
Director's Signature �_�� ^�� Less Any Advance Payments $
Date of
Board Approval TOTAL DUE DIRECTOR $ 525.00
Administrative
Manager
Miscellaneous
Notes
East Valley
Water District
Staff Report
Meeting Date: December 13, 201 1
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 — $1,887,700.98 (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 November 1 S,
201 1 through December S, 201 1 .
DISCUSSION
Accounts payable checks for the period included check numbers 230665 through 230869 for a total of
$ ] ,268,478.66.
The source of funds for this amount is as follows:
Unrestricted Funds $776,227.32
Bond Financing $
State Financing $492,251.34
Payroll and benef t contributions paid for this period totaled $619,222.32.
Total disbursed during the period November 1 S to December S, O1 1 is $1,887,700.98_
Re ectfitlly Submitted, Apved by,
� _ �
z G,c -�`"
.: r i
Brian W. Tompkins Robert A_ DeLoach 4
Chief Financial Officer interim General Mai�gcr
SR# 0047
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East Val ley
Water District
Staff Report
Meeting Date: December 13, 201 1
TO: Board of Directors
SUBJECT: General Manager's Employment Agreement
SUMMARY:
Issue — Approval of an Employment Agreement with John Mura as
General Manager of the East Valley Water District
Recommendation — Approve the Employment Agreement with John Mura and
authorize the President of the Board to execute the Agreement
Fiscal Impact — The General Manager's position is a budgeted position and as
SLiCh fiends arc available in the 201 1 -2012 Fiscal year Budget.
Previous Related Action — Since September of this year the Board of Directors and the
Search Committee conducted an extensive professional search
for a new General Manager including interviews with several
qualified candidates.
An interim General Manager was appointed in July of this year.
The previous General Manager's contract expired on November
30, 2011.
BACKGROUND
The previous General Manager's contract expired on November 30 °i of this year. The Board of
Directors had previously authorized an extensive executive search and recruitment for a new General
Manager which culminated in interviews of several qualified candidates from which Mr_ John Mura
was identified as the candidate that would be the best replacement to lead the organization. Mr. Mura
has had a very successful career in the City of Chino Hills and it is anticipated he will be even more
successful here at the District as the new General Manager. Mr. Mura has met with a committee of
the Board working on the details of his Employment Aln-eement and the District's legal counsel has
prepared and reviewed the agreement. If the Agreement meets with the approval of the Board it is
recommended that the Board approve the Emplo}nnent Agreement with Mr. Jon Mura, and authorize
the President to execute same.
SR# 0046
Res � [fully Submitted,
Robert A. DeLoach '
Interim General Manager
Attachments: 1✓mployment Ag�-eeme»t
SR#f 0046
East Val ley
Water District
Staff Report
Meeting Date: December 13, 201 1
TO: Board of Directors
SUBJECT: Proposed ordinance change regarding method for delivering final notice
to customers prior to disconnection of service
SUMMARY:
lssue — Compliance with Ordinance 375, section 12.01 as written,
combined with the meter shop reorganization will likely result
in significant overtime
Recommendation — Schedule a public hearing, at the regular board meeting on
January 11, 2012, to consider a change to Ordinance 375,
section 12.01; authorize public notices of hearing in newspaper
fiscal Impact — Revenues generated by hanging pink tags ($5 charge) could be
cut by more than $40,000, but the impact will be mitigated by
avoiding overtime labor
Previous Related Action — None
BACKGROUND
The District's primary recourse for collecting payment on delinquent accounts is the notification of,
and if necessary executing, the disconnection of water service. When disconnection for non- pa}nnent
is pending, California Government Code §60373 requires that utility districts make a good faith effort
to contact an adult residing at the property at least 48 hours prior to disconnection. The Code allows
Districts to make contact by phone or in person, and when this is not possible, that a final notice (pink
tag) be mailed or hung at the property.
District Ordinance 375, section 12A1 also addresses the issue of disconnection for non - payment, but
the District Ordinance is more stringent than the Government Code in that the only method it allows
for contacting the customer 48 hours prior to disconnection, is leaving a notification (pink) tag at the
property.
St2tt 0048
DISCUSSION
Hanging pink tags is labor intensive and the District delivers an average of 125 tabs per day. With
the Meter Shop's current structure and duties, six positions are available to read meters and hang tags.
However, after the pending reorganization, the number of staff members available to read meters and
to hang tags in the new Field Services group will be reduced to four - Current meter shop personnel
do not believe that four people will be able to handle the meter reading/tag hanging workload within
normal working hours, especially on days when the largest cycles are read. Therefore, unless time-
saving measures can be implemented for the performance of Field Services' duties, significant
overtime will be required.
Discussions with surrounding agencies revealed that West Valley Water District and Yucaipa Valley
Water District mail all notices; Cucamonga Valley Water District does still physically hang tags but
they are utilizing AMR for meter reading. The cities of Sau Bernardino and Redlands also mail all
notices, but as cities, they are not subject to Government Code §C0373. Further, Monte Vista Water
District began mailing tags in August 201 1 according to a posting on their web site.
The ability to implement an AMR system at >✓VWD is still at least a year away, therefore the delivery
of 48 hour `pink tag' notifications by phone or mail appears to be the most viable method of
achieving efficiencies in Field Services, but an Ordinance change is required. Staff recommends
scheduling a hearing on January 11, 2012 during which the board would be asked to consider
changing Ordinance No. 375 to allow for making contact by phone, and if that is unsuccessful, to
allow mailing of pink tags.
Respectfully Submitted,
��
Bri�u1 W Tompkins
Chief Financial Officer
Attachments
Appravcd by, � �
�-�-�' .
Robert A. DeLoach
Interim General Man ger
SRN 0048
Cn Codes (�ov:60370- 60375.5) Pale 2 of�3
E_inancially unable t.n pay £or service within the norma]_ payment
per]oc.3 grid is wil]_i.nq t_o enter into an amortization agr_ec�rncnt with
the district_ pursuant to subdivision (e) wiCh respect_ to a]l cl -urges
that the customer is ur�.eble to pay prior to delinquency.
(c.) Any residential customer who has irri_tial - -ed a r_omplaint or
requested an investigation within five days of receiving the dispul.cd
bill, or who has, within ]3 days o£ mailing ol. the, notice required
by subdivision (a) made a request for extension of the payment
period o£ a bi11. asserted to be beyond t_he means- of the cusComcr 1_.0
pay in £u]1 during t_he normal period for payment_, shall be given an
opportunity for review of the complaint, investigation, or request= by
a rcvi.ew manager o£ the district. The review sha]_1 include
�-onsideration of whether the customer shall_ be permitted to amortize
the: unpa_i.d balance o£ the account over a reasonable period of Y_ime,
not to exceed 1_> months. No termination of service sha11 be ei£ecCed
£or any customer complying with an amortization agreement, if the
c_ustornor- also keeps the account current as c_.harges accrue in each
subsequent billing period.
(d) Any customer whose comp]_a =int or request_ for an inve.stigaCion
pursuant_ to subdivision (c) has resulted in an adverse determination
by the district_ may appeal the determination to thca board.. Any
subsequent appeal_ of the dispute or <:_ omplaint to the board is not_
subject to Lois section.
(e) Any customer meeting l.hc^ requirements o£ paragraph. (3) of
subdiv_isi_on (b) skrall, upon request =, be permitted to amortize, over a
period not to exceed 12 months, the unpaid balance of any bi.l1
asserted Lo be beyond the rnc.ans of thc_� customer to pay within the
normal period for payment_.
G0373. (a) No district furnishing light, heat, water, or power may
terminate residential service on account of nonpayment of a
delinquent account unless the district first gives notice of the
delinquency and impending t=ermination, at least_ 10 days prior to the
proposed termination, by means of a notice ma]_].ed, postage prepaid,
to the customer to whom the service is billed not earlier_ than 19
days £rom the daft -- o£ mailing the district's bi11 £or services, and
the 10 -day period sha11 not commence unY_il five. days after- the
mailing_ of the not]_ce_
(b) T'very district sha11 make a reasonable, good faith effort to
contact an adult person res]_dinq at the premises of the r_ustomer by
tel.ep}rone or in person at least 48 hours prior to any termination of
service except that wYronever telephone or personal contact cannot be
accomplished, thec district sha1.]. give, by mail or by posting in a
conspicuous ]_ovation at the prernisc -�s, a notice of terminaCi_on of
service, at ]_east 98 hours prior to termination_
(c) livery not_i cc o.L terminaY ion of service pur ^tea nt. to sutx9ivi lion
(a) shall. i.nc_lude al.l of C:he £ollowinq iniormati_on:
(l) The name and address o:E tho c�st._omer whose account is
delinquc =nt- _
(2) The amount of the delinquency.
(3) The dai:e by which payment or arrangernerits for payment. i_:s
required _in order to avoid termination_
(9) Tho procedure by which the cu�:tomer_ may initiate a complaint
or request an investigation concerning service or charges, except
that if flit bill for servi_c.e contains �a description of that.
procedure, the no'Lice pursuant_ to subdivision (a) is not required to
contain that information.
(5) Thc: procedure• by which t_he customer may request amortization.
http: / /www.lei;info.ca.�ov /vi=i- Uin /displayeode'? section =gov & c%roup= 6000 1- 6 1 0008tfile =6... 12/6/20] 1
upon corrected meter readings for the period, not exceeding six months, that the meter
was in use.
11.12 Non - Registering Meters - If a meter is found to be not registering, the
charges for service shall be based on the estimated consumption. Such estimates shall
be made from previous consumption for a comparable period, or by such other method
as is determined by the District, and its decision shall be final.
SECTION 12. DISCONNECTION FOR NONPAYMENT
12.01 Disconnection for Non - Payment -Water service shall be discontinued if
payment for water service is not made within fifteen (15) calendar days of the date of
mailing the delinquent notice. At least forty -eight (48) hours prior to termination, the
District will make a reasonable attempt to notify the resident of the affected property by
leaving a notification tag at the property. At no time shall the District discontinue water
service at a time when the District offices are closed.
12.02 Complaint Procedures for Disconnection - Service disconnection for
non - payment of bills or for violation of any of the District's rules, regulations, ordinances
or resolutions is subject to the complaint procedures specified in Section 1 1 herein.
12.03 Refusal or Neglect to Pay Debt - Any amount due is a debt to the
District and any person, firm or corporation failing, neglecting, or refusing to pay this
debt may be subject to a civil action for the amount due in a court of competent
jurisdiction.
12.04 Lien Acaainst Property for Non - Payment - Any unpaid debt will be
deemed a lien against the real property to which service is rendered as specified herein
and California Water Code Section 31701.5 et.seq.
� 2.05 Service Charcges for Violations - If water service is discontinued for
violation of any of the District's rules, regulations, resolutions or ordinances, service
shall not be re- instituted until the violations have been corrected and all applicable
W trOrd3]5 /20 � O
36
Monte. Vista Water District - District News Pale 1 of 2
�,� ;� � :�� l�r�te �c��a after 6�FS�r-F��
Providing high quality water service while ensuring fiscal responsihi /ity, ethical conduct, and environmental stewardship.
E�LSt�"��� �E��Il�
Red Tags Going Away (.1t.n �s, 20���
No more red tags afterAugust 9st
I
Did You Know?
-. In 2009, Monte Vista
'. Water District completed a
I s -year strategic plan,
setting out 7 strategic
j goals and 56 initiatives.
� Since adoption, 32 i
i initiatives have been
completed or are in •
process. !
� click here to reatl about our �
• Strategic Plan.
I _ I
In May, the Board of Directors approved a change in how the District provides final notification of water bill
nonpayment.
Currently, customers have 30 days to submit payment from the time their bill is mailed to them. If a customer
does not make payment within 30 days, a Past Due Reminder is mailed to the customer with a due date
approximately 45 days from the original date of the bill. If, after this period, a customer has yet to make
payment, a red tag is placed on the door giving the customer two final business days to make their payment to
avoid an interruption in service.
Beginning August 1st, the District will no longer deliver red tags as notification of a delinquent balance prior to
shutoff. As a replacement, a final Shutoff Notice will be mailed to customers with a delinquent balance
indicating an imminent shutoff if payment is not received by the date indicated in the notice. This procedural
change allows for staff to streamline resources while providing better overall customer service.
Please contact Customer Service by email or by phone at (909) 624 -0035 if you have any questions.
East Valley
Water District
Staff Report
Meeting Date: December 13, 2011
TO: Board of Directors
SUBJECT: Memorandum of Understanding and Resolution 201 1 .28
SUMMARY:
Issue — Approval of Memorandum of Understanding and Resolution
201 1.28
Recommendation — Approve the Memorandum of Understanding (MOU) between
East Valley Water District (District) and the San Bernardino
Public Employees Association (Association) and authorize the
Board President to execute the agreement and the Resolution for
employer paid member contributions.
Fiscal Impact — The reduction in the District's employer paid contributions to
Ca1PERS is estimated to be $35,000 for the fiscal year ending
.hme 30, 2012 and $85,000 for the rscal year ending June 30,
2013. The impacts from the median wage: salary survey are
unknown at this time.
Previous Related Action — On or about August 14, 2007, the District and the Association
entered into a MOU which by its terms became effective as of
June 23, 2007 and was to expire on July 2, 20]0. On .Tune 30,
2010, the District and the Association amended the MOU and
approved the first amendment to the MOU extending the
termination date for a period of one (1) year through July 1 ,
2011_
BACKGROUND
The first amendment to the MOU expired on July 1, 2011 of this year. The District and the
Association have been negotiating changes to the MOU over the past few months and have come to a
successful conclusion_ The District's ad -hoc Labor Negotiating Committee has monitored the
negotiating process and. concurs with the terms of the agreement.
SR /� 0049
Bntering this year's negotiations, the Board of Directors directed that key components of the MOU
reflect the overall downturn in the economy and bring employee benefits into line with realistic cost
expectations. We were able to achieve these objectives by securing employee paid contributions to
their retirement system, a new tiered retirement system for new employees hired at -ter January 1, 2012
and modifications to vacation and sick leave accrual artd payout for new employees as well.
The only item that has yet to be competed is the amzual salary /wage survey. The District believes the
employees of the District are a critical asset to its present and future success. Performance standards
and expectations of a high performance water utility are the basis for establishing compensation
guidelines that are viewed as a human capital investment strategy. As such, the District believes that
compensation should reflect a standard that recognizes performance by maintaining employee
compensation at no less than the median wage level for all wage classifications. With this said, the
District will conduct an annual wage and salary survey of positions in the District that will be the
basis for determining the "median" wage for every represented and unrepresented position in the
District. The General Manager's position is excluded from this survey.
The Board of Directors for the District shall annually consider the results of the median wage and
salary survey and direct staff to include the wage adjustments as determined in the annual budget for
each fiscal year.
llISCUSSION
if the terms of the MOU meet with the approval of the Board, it is recommended that the Board
approve the MOU with the Association and also approve Resolution 2011.28, and authorize the
President to execute same.
The District would like to take this opportunity to thank the Association and the employee
representatives for their efforts in bringing these negotiations to a successful conclusion. The District
is very pleased with the outcome oi' our negotiations and believes that it addresses the issues and
concerns of both the employees and the Board of Directors of the Bast Valley Water District.
Respectfully Sub itte pr ¢ued by, ,p ;�
�� _ iiI
Stine Hendrickson Robert A. DeLo�xch
Administrative Manager Interim General �Vianager
Attachments
SR1t 0049
MEMORANDUM OF UNDERSTANDING
BETWEEN THE EAST VALLEY WATER DISTRICT
AND THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION
ARTICLE I
DESIGNATION OF PARTIES
This Memorandum of Understanding (MOU) constitutes an agreement between
the designated representatives of the East Valley Water District (District) and
representatives of the San Bernardino Public Employees Association
(Association). The Association is the recognized employee organization, which
represents the unit of representation established by the District Board of Directors
pursuant to the District's Employee Relations Resolution.
ARTICLE II
PURPOSE
The parties to this Memorandum of Understanding (MOU) agree that its purpose
is to confirm and maintain a spirit of cooperation between the District and the
general employees of the District. The District and the Association will strive to
promote a harmonious relationship between the parties, through this MOU that
will result in benefits for the District and provisions of continuous and
uninterrupted services.
Except as otherwise expressly modified by this MOU, the Personnel Rules
adopted by the District pursuant to Resolution 2001.21 shall remain in full force
and effect as written.
ARTICLE III
TERM
This MOU shall be effective as of July 1, 2011 upon ratification of the
membership and approval by the full District's Board of Directors. It shall remain
in full force and effect through July 3, 2012 and from month to month thereafter or
until such time as agreement has been reached on a successor MOU.
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MOU: 07/01/11- 06/30/12
Either party may serve on the other, written notice of its intent to negotiate a
successor MOU at least sixty (60) days in advance of July 3, 2012.
ARTICLE IV
COMPENSATION
A. Salaries: The District will conduct an annual wage and salary survey of
benchmark positions in the District that will be the basis for determining the
"median" wage for every represented position in the District.
B. Annual Wage Adjustment: Upon the conclusion of the annual wage and salary
survey, a median wage determination will be made by the District and made
available for all District employees. All employee's whose individual position,
either within a wage class or as a single position, fall below the median wage
determination for that particular employee classification will be adjusted upwards
to the median salary range of that position. All employees whose position, either
within a wage class or a single position, that fall above the median wage
determination for that employee classification will remain at their then existing
salary range until such time as a future survey indicates that their individual
position or employee class has fallen below the median level. At that time, their
position will be adjusted upwards to the median level.
C. The District's basic salary schedule will be revised in conjunction with salary
increases for each year.
ARTICLE V
ORGANIZATIONAL SECURITY AND CHECKOFF
Check Off - The Association shall have the sole and exclusive right to have
membership dues deducted for employees covered by this Agreement by the
District, upon appropriate written authorization from such employees. Remittance
shall be made by the District to the Association within ten (10) working days from
the end of the last pay period of each month.
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MOU: 07/01 /11 - 06/30/t2
Dues Deduction - The District shall deduct, upon receipt of a duly executed form
properly signed by a member of the bargaining unit, either dues to the Association
for members or a service fee to the Association for non- members, as appropriate.
The Association shall advise the District, in writing, of the dues amount to be
deducted for each member. Any change in dues will be submitted to the District in
writing, thirty (30) days prior to the effective date of such change. Employees in
the bargaining unit who are not members of the Association on the effective date
of this Agreement, and employees who, hereinafter, come into the bargaining unit
shall either within thirty (30) days of the date of this Agreement or their
employment, apply for membership.
The District shall deduct from any permanent employee who is not a member of
the Association, as a condition of employment, a monthly service charge equal to
the monthly Association dues as a contribution toward the administration of this
agreement. Employees who fail to meet this requirement shall be discharged. The
right of non - association employees is based on bona fide religious tenets or
teachings of a church or religious body of which such employee is a member are
safeguarded. Such employees shall pay an amount of money equivalent to regular
Association dues to a non - religious, non -labor charitable fund exempt from
taxation under Section 501(c)(3) of the Internal Revenue Code chosen by the
employee from the following three (3) funds: American Cancer Society, American
Humane Society and Goodwill Industries.
Proof of such payment shall be made on a monthly basis to the District as a
condition of continued exemption from the requirement of financial support to the
Association.
Membership dues shall be deducted for employees covered by the Agreement who
are members of the Association at the time of execution of this Agreement, or who
thereafter become members, subject to the above.
The District shall, as soon as possible, notify the Association General Manager if
any member of the bargaining unit revokes a dues /fee authorization.
Hold Harmless Clause - In consideration of the above noted services, the
Association agrees to release, indemnify and discharge the District from any
liability or expenses whatsoever as a result of any action taken pursuant to the
provisions of this article. Additionally, the Association agrees to waive any real or
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perceiveu claims against the uistrnct incurreu prior to the eriecnve uate or tms
MOU.
ARTICLE VI
WORKING OUT OF CLASSIFICATION
Employees in the unit assigned to work in a higher classification in excess of ten
(10) consecutive working days will be granted a five percent (5 %) salary increase
or the "A" step of the higher classification, whichever is greater, for all time
worked in the higher classification beginning with the eleventh (11th) work day,
except for an employee in a trainee status.
Increases in pay may be granted to recognize the temporary assignment of more
difficult duties requiring a greater level of skills. "Selected positions may be
authorized additional compensation, rather than being reclassified to a higher
level ". Temporary assignments as provided herein will not exceed one (1) year
and shall not be used to avoid reclassification of the affected position. Increases
in pay shall be temporary so long as the higher -level duties are assigned and
performed. All such increases shall be authorized by the General Manager and
shall not affect an employee's step advancement in the base range.
ARTICLE VII
FLEXIBLE BENEFIT PLAN
SECTION 1
Effective with the month beginning July 1, 2011, the District agrees to contribute
the following amount, per employee, to a Flexible Benefit Plan:
Employees with no health care dependents $755 /month
Employees with health care dependents $1,100 /month
All employees in regular positions shall be eligible to participate in the Flexible
Benefit Plan described herein. Each employee may select among the options
indicated and specify what portion of plan monies will be applied to selected
options. Selection must be in increments of one dollar ($1.00).
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MOU: 07 /01n1- 06/30/12
SECTION 2
The Flexible Benefit Plan shall include the following options:
Health and Dental Insurance
Life Insurance
SECTION 3
a. Health and Dental Insurance - Under this option, the District will
make available an existing health and dental insurance program currently
maintained for unit employees or any other program(s) mutually agreed upon by
the parties. This option allows for a monthly allowance toward the combined total
premium for such insurance. Employees must enroll in one of the health and
dental programs offered by the District at least to the level that provides such
insurance coverage for the individual employees and family respectively.
Premiums for such coverage may be paid in whole or in part by selecting this
option. Any portion of premiums not covered by selection of this option shall be
automatically deducted from the employee's paycheck.
b. Life Insurance - Under this
allowance to an employee for life insurance.
SECTION 4
option, the District will provide an
Any portion of the benefit plan allowance dispersed to the employee shall be
treated as cash.
SECTION 5
All eligible full -time employees must receive a minimum of forty -one (41) hours
per pay period to be eligible to receive the benefit of this Article. All eligible
permanent part-time employees must receive a minimum of one -half (1/2) of their
regularly scheduled hours plus one (1) per pay period. Permanent part-time
employees shall receive pro -rated benefits as follows:
1/2 - 3/4 = 50%
3/4 - 1/1 = 75%
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MOU: 07/01/11 - 06/30 / 12
Employees who are on leave of absence without pay shall not be eligible to
receive the benefit of this Article.
ARTICLE VIII
STANDBY
Employees assigned to standby status shall be compensated at the rate of $30.00
per day. Standby duty requires that employees so assigned shall: (1) be ready to
respond immediately; (2) be reachable by telephone or other communicating
devices; (3) be able to report to active duty not later than thirty (30) minutes from
time of contact and (4) refrain from activities which might impair their ability to
perform assigned duties. Employees not assigned to standby duty have no
obligation to meet these requirements.
ARTICLE IX
CALLBACK
District employees called back to active duty after completing their normal tour of
duty and leaving the work site shall be entitled to call back compensation. Call
back compensation in an amount of thirteen dollars ($20.00) shall be paid for each
call back occurrence exclusive of any other premium pay provisions. Call back
compensation shall not apply to employees assigned to standby duty pursuant to
Article V11I, Standby.
ARTICLE X
DIFFERENTIAL PAY
Sewer Response Team - District employees who are assigned to the District's
Sewer Response Team are required to complete District - sponsored training classes
and to participate in ongoing instruction and exercises. Upon satisfaction of these
requirements, such employees shall be entitled to a salary differential of two and
one -half percent (2.5 %) during the period of time in which the District requires the
employee to serve as a member of the District's Sewer Response Team.
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Commercial Drivers - District employees who are required, in accordance with
their normal duties of employment, to possess a Commercial Drivers License
(Class A or Class B) shall be entitled to a salary differential of two percent (2 %).
The differential shall remain in effect for the period of time in which the District
requires the employee to maintain the Class A or Class B Commercial License.
Production Operators Differential - District employees who are assigned as a
T4 Chief Operator shall be entitled to a salary differential of six percent (6 %).
District employees who are assigned as a T3 Chief Operator shall be entitled to a
salary differential of five (5 %). District employees who are assigned as a T3 /T4
Shift Operator shall be entitled to a salary differential of two and one -half percent
(2.5 %).
Distribution Operators Differential - District employees who have acquired a
Distribution 3 (D3) certification shall be entitled to a salary differential of two
percent (2 %). District employees who have acquired a Distribution 4 (D4)
certification shall be entitled to a salary differential of three percent (3 %).
ARTICLE XI
HOURS OF WORK
Standard Work Week - The standard workweek for regular full -time employees
of the District is forty (40) hours. The standard workweek for regular part-time
positions shall be less than twenty -one (2 1) hours per week.
Standard Work Day - The standard workday for regular employees of the
District shall consist of a consecutive block of eight (8) hours, in a twenty -four
hour period, that an employee is normally scheduled to work.
Any change in the standard work week/day shall be subject to meet and confer.
ARTICLE XII
OVERTIME
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MOU: 07,01/1t-06/30/t2
All time worked in excess of the established standard workweek shall be
considered as approved overtime. Overtime will be compensated at one and one -
half (1 -1/2) times the employee's base hourly rate. Overtime shall be reported and
compensated in fifteen (15) minute increments.
ARTICLE XIII
SICK LEAVE
A. Definition - Sick leave is an insurance or protection to be granted in
circumstances of adversity to promote the health and welfare of the individual
employee. It is not an earned right to time off from work. Sick leave permits the
employee to be absent from duty without the loss of pay when they are
incapacitated by reason of illness, injury or pregnancy and confinement or when a
member of the immediate family must be attended to by the employee; or when an
employee has been exposed to a contagious disease and his presence on the job
might endanger fellow workers. When approved in advance, sick leave may also
be used for medical, dental or optical examinations or treatments. Absence from
duty not to exceed six months for maternity reasons may be authorized. Maternity
leave is chargeable to sick leave, annual vacation and leave without pay as
appropriate. To support a request for maternity sick leave, the employee must
submit a statement by her attending physician showing the expected period during
which she will be incapacitated from the performance of official duties. For
purposes of "attended to" (cared for) as defined herein, immediate family means
husband, wife, mother, father, son, daughter, step relations, ward and, when
residing in the employee's home, sister and brother.
Time off for attendance shall be limited to a maximum of six and one -half (6.5)
days (52 hours) per calendar year. Additional time may be authorized by the
General Manager based on a case -by -case review of the employees sick leave
usage.
B. Bereavement - Sick leave granted in each case of bereavement shall not
exceed the equivalent of one standard work week of accumulated leave per
occurrence, which allowance shall include all travel time. For purposes of
bereavement, immediate family shall include parent, spouse, child, brother, sister,
mother -in -law, father -in -law, grandparents, grandchild, step relations and wards.
C. Initial Credit and Accumulation — Employee's hired prior to July 1, 2011.
Sick leave is earned at the rate of one half day (four (4) hours) for each full bi-
weekly pay period (13 days per year), and it can be accumulated without
limitation.
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MOU: 07 /01 %11 U630/12
D. Initial Credit and Accumulation — Employee's hired on or after July 1, 2011.
Sick leave is earned at the rate of one half day (four (4) hours) for each full bi-
weekly pay period (13 days per year), and it can accumulate up to nine hundred
and sixty hours (960).
D. Notice of Sickness - When the employee is incapacitated from the
performance of his or her duties for reasons that entitle him or her the use of sick
leave, he or she must notify his or her department supervisor or other supervisor
within thirty (30) minutes of their regular start time.
E. Review - An absence of sick leave for more than five (5) workdays must be
supported by a medical certificate.
F. Improper Use - If, after reviewing an employee's record of sick leave usage,
the District believes sufficient cause exists to suspect abuse of sick leave, a
medical certificate may be required for any subsequent use of sick leave.
G. Sick Leave Cash Out - Employees hired prior to July 1, 2011may cash out
accrued sick leave balances as follows:
1. Employees may request reimbursement for up to forty (40) hours of
accrued sick leave per year provided, however, that (a) a minimum of 156 hours
(18 months) accrual is retained after said reimbursement and (b) request for
reimbursement must be submitted, in writing, no later than December 1st of each
year.
2. Employees who retire from the District may apply all accrued sick leave
balances toward PERS for retirement credit.
3. After ten (10) years of continuous service with the District, employees
who terminate their employment shall be compensated for accrued sick leave
balances as follows:
Sick Leave Balance as of
Date of Separation
480 hours or less
481 hours to 600 hours
601 hours to 720 hours
721 hours to 840 hours
841 hours to 960 hours
9
Cash Payment % of Hours
Sick Leave Balance
40%
45%
50%
55%
60%
MOU: 07/01/11- 06/30'12
961 hours to 1,080 hours 65%
1,081 or more 70%
4. Sick Leave Cash Out - Employees hired on or after July 1, 2011 may
cash out accrued sick leave balances as follows:
5. Employees may request reimbursement for up to forty (40) hours of
accrued sick leave per year provided, however, that (a) a minimum of 156 hours
(18 months) accrual is retained after said reimbursement and (b) request for
reimbursement must be submitted, in writing, no later than December 1st of each
year.
6. Employees who retire from the District may apply all accrued sick leave
balances toward PERS for retirement credit.
7. Upon separation from service, other than retirement, an employee will be
entitled to receive an amount computed by multiplying his /her then daily rate of
pay by one -half (1/2) of his /her then accrued sick leave.
Employees who receive a disability retirement due to permanent incapacity to
work shall be entitled to one hundred percent (100 %) cash payment of any unused
sick leave balances, computed at their then current base hourly rate, if they elect
an early retirement in lieu of exhausting such accrued sick leave balances. In the
event of death resulting from occupational injury, cash payment shall be made to
the employee's estate.
H. Worker's Compensation - Employees shall be provided with up to a
maximum of three consecutive days of un- chargeable leave following an
occupational injury unless otherwise required by the Worker's Compensation Act
of the State of California.
The deduction by the District from the employee's accumulated sick leave shall be
limited to the same percentage as the amount due from Worker's Compensation
bears to the amount paid by the District. For example, an employee of the District
entitled to $12.00 per day from the District received $9.00 per day from Worker's
Compensation and the difference of $3.00 per day being paid by the District. In
deducting from such employee's accumulated sick leave, such deduction shall be
made daily on the same basis (i.e.; 1/4 of a day).
Example and Intent - When an employee is out on an industrial injury, no charge
will be made to leave benefits for the first three days. Any payments from the
State Fund will be applied first to re- purchase sick leave or vacation used, next to
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MOU: 07/01/11 - 06/30/12
retmnurse the t»strtct for the nrst tnree aays ana any oatance wouta go to the
employee.
It is the intent to provide full benefits where possible and is not construed to allow
the employee windfall income but to keep them whole.
I. Catastrophic Leave:
a) Definition. Catastrophic Leave is an approved Leave of Absence due
to a verifiable long -term illness or injury resulting in either physical or mental
impairment. Job and /or personal stress (not the result of a diagnosed mental
disorder) is specifically excluded from entitlement to Catastrophic Leave. A
statement from the employee's treating physician, subject to review and approval
by the District's Occupational Physician, is required.
b) Application. The employee on an approved Medical Leave of
Absence who is receiving Catastrophic Leave can continue to earn benefit monies
pursuant to the forty -one (41) hours per pay period requirement of the flexible
Benefit Plan set forth in section 8.0l .A.3.b of the Personnel Rules. An employee
receiving leave under this program is not eligible for receipt for any accruals such
as vacation or sick leave.
c) Eli ig bility.
1. Catastrophic leave is only available to employees on regular, non -
probationary status with the District.
2. The employee must meet all of the following criteria before he /she
becomes eligible for Catastrophic Leave donation
11
(a) Be on an approved medical leave of absence for at least thirty (30)
calendar days (160 working hours) exclusive of an absence due to a work
related injury and/or illness; and
(b) Submission of a doctor's off -work order verifying the medical
requirement to be off work; and
(c) Exhaustion of all available leave balances.
d ) Donation.
1. Vacation, holiday, as well as compensatory time, may be donated by
employees only on a voluntary and confidential basis, in increments of eight
MOU: 07 /01 /11 - 06/30/12
(8) hours, not to exceed a total of fifty percent (50 %) of a donor employee's annual
vacation, holiday, or compensatory time accrual per employee. The donee
employee receiving the Catastrophic Leave will be taxed accordingly.
2. The donation shall be for the donee employee's Catastrophic Leave only.
The total donation allowed to any one employee of the District shall be limited to
one thousand forty (1040) hours per fiscal year.
3. Donor hours shall be contributed at the donor's hourly base salary rate
and be converted to the donee's hourly base salary, exclusive in both instances of
overtime, differentials, and the like, as the singular purpose of this program is to
provide financial assistance to the donee employee.
4. Any donated time unused by the donee employee for the medical
emergency shall remain in the donee's accruals to be utilized as follows:
(a) An employee on Catastrophic leave who has received the approval of
his physician and the District's Occupational Health Physician to return to full
time work shall have all unused Catastrophic Leave converted to an equal amount
of sick leave which will be available to the employee according to the applicable
provision of Section 7.02 of the Personnel Rules.
(b) An employee on Catastrophic Leave who has received the approval
of his physician and the District's Occupational Health Physician to return to work
on a part time basis (less than the employee's normally scheduled hours of work
per pay period) may record each pay period a combined total of work time and
Catastrophic Leave not to exceed the lesser of eighty (80) hours or the employee's
normally scheduled hours of work.
5. The General Manager may impose other terms and conditions on the
donation as deemed appropriate, and may charge the Catastrophic Leave donation
for the actual administrative costs incurred by the District.
6. Solicitation of donors shall be regulated by the District's Personnel
Department. The names of the donors shall be confidential and the privacy rights
of the donee shall be protected to the extent permitted by law.
7. All donors and donees shall sign release forms to be prepared and
retained by the District's Personnel Department.
8. An employee will not be allowed to donate hours of leave if his resulting
sick leave balance drops below one hundred fifty -six (156) hours.
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MOU: 07!01/11-06/30,'12
e) Implementation. The District shall meet and confer with
representatives of the employees regarding issues arising from the implementation
of this program.
ARTICLE XIV
VACATION
A. Definition - Vacation with pay is a right earned as a condition of employment
and made available in the interest of the District for the recreation, health and well
being of the employee, subject to approval by the General Manager.
B. Annual Vacation Leave Earned — Employee's hired prior to July 1, 2011 -
Annual vacation leave earned shall be one hundred and four (104) hours a year up
to three (3) years; one hundred sixty (160) hours a year from three (3) years to
fifteen (15) years and two hundred eight (208) hours a year from fifteen (15) years
or more.
Annual vacation leave may be accumulated for use in succeeding years, but the
maximum amount that can be carried over from one calendar year to the next is
thirty (30) days (240 hours), or the amount that you had to your credit at the
beginning of the leave year, whichever is greater.
A change in the rate of annual vacation leave accrual shall take effect in the pay
period following the one in which the employee completed the required length of
service.
No annual vacation leave shall accrue for fractional parts of bi- weekly pay periods
falling at the beginning or ending of service.
C. Annual Vacation Leave Earned — Employee's hired after July 1, 2011 -
Annual vacation leave earned shall be eighty (80) hours a year up to three (3)
years; one hundred twenty (120) hours a year from four (4) years to ten (10) years;
one hundred sixty (160) hours a year from eleven (11) years to fifteen (15) years;
and two hundred (200) hours a year from sixteen (16) years or more.
Annual vacation leave may be accumulated for use in succeeding years, but the
maximum amount that can be carried over from one calendar year to the next is
twenty (25) days (200 hours), or the amount that you had to your credit at the
beginning of the leave year, whichever is greater.
[a]
MOU: 07/01/11 - 06/30/12
A change in the rate of annual vacation leave accrual shall take ettect in the pay
period following the one in which the employee completed the required length of
service.
No annual vacation leave shall accrue for fractional parts of bi- weekly pay periods
falling at the beginning or ending of service.
D. Accrual - Annual vacation leave is not available to the employee until he has
completed his initial probationary period consisting of two hundred seventy (270)
days of continuous service with the District. This applies not only to new
employees in District service but also to persons re- employed after a break in
service.
E. Amount of Vacation Leave Earned — Employee's hired prior to July 1,
2011
If District Service Is:
Fewer than 3 years
3 -15 years
15 years or more
Annual Leave Accrual Is:
104 hrs /year
160 hrs /year
208 hrs /year
Accrual for each Full
Pay Period Is:
4 hours
6.1538 hours
8 hours
F. Amount of Vacation Leave Earned — Employee's hired after July 1,
2011
If District Service Is:
Fewer than 3 years
4 -10 years
11 -15 years
16 years+
Annual Leave Accrual Is:
80 hrs /year
120 hrs /year
160 hrs /year
200 hrs /year (cap)
Accrual for each Full
Pay Period Is:
3.0769 hours
4.6153 hours
6.1538 hours
7.6923 hours
G. Approval - Although annual vacation leave occurs as an earned right, the time
at which vacation leave may be taken and the amount granted during any
particular period are matters of administrative decision, except that no employee
shall lose earned vacation leave because of the urgency of work.
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MOU: 07/01/11-06'30/t2
Observance of an annual vacation leave must be approved in advance by the
proper official except in cases of emergency. Work requirements and the interest
of the employee are the determining factors in approving vacation scheduled.
H. Vacation as Sick Leave - Vacation may be used in lieu of sick leave if the
employee desires.
I. Termination - Employees, upon separation form the District, shall be paid
a cash lump sum at their then current salary rate as set forth in the Basic Salary
Schedule for any unused annual vacation credits.
J. Sick Leave Transfer - Employees may, at their election, transfer up to forty
(40) hours of vacation time to their sick leave account once each year.
ARTICLE XV
HOLIDAYS
A. The following are to be considered as approved holidays for the employees of
the District and will be so ordered as follows:
January 1 (New Years' Day)
Third Monday in January (Martin Luther King's Birthday)
Third Monday in February (Presidents' Day)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
Second Monday in October (Columbus Day)
November 11 (Veteran's Day)
Fourth Thursday in November (Thanksgiving Day)
Fourth Friday in November (Day after Thanksgiving)
December 25 (Christmas Day)
Two floating Holiday's
When any of the legal holidays, other than those specifically set for a Monday, fall
on Sunday, they will be observed the following Monday, and if any of such
holidays fall on a Saturday, they will be observed the preceding Friday.
B. Within Vacations - When an approved holiday falls within a vacation period,
the employee on vacation shall receive an additional day of vacation with pay.
C. As Working Days - Whenever a monthly rated employee is required, due to
the nature of his occupation, to work an approved holiday, the employee shall be
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MOU: 09/01/11 - 06/30/12
given the equivalent time off at a subsequent date to be determined by the
department head and /or General Manager.
ARTICLE XVI
ABSENCE WITHOUT PAY
A. Definition - Absence without pay is leave without pay and shall be granted
only upon request of the employee through the recommendation of the General
Manager to the Board of Directors.
B. The increments of sick leave and vacation time shall not accrue when an
employee has been absent without pay.
ARTICLE XVII
AUTHORIZED LEAVE
A. Military Leave - Military leave and regulations for payment pertaining
thereto shall be in accordance with the provisions of the Military and
Veterans Code of the State of California.
B. Court Leave - Court leave is granted for the purpose of attending court as a
witness under subpoena of a duly constituted court or for jury duty. They
will be required to produce a certificate from the court, which shows the
dates of attendance and an itemized account of any compensation received
by them for such service. Any fees or compensation received by reason of
such court attendance in connection with court duty must be delivered to
the District through the Treasurer. The employee will then receive his or
her regular rate of pay during such time as was required for court
attendance.
ARTICLE XVIII
PROBATIONARY PERIOD
Probation period for employees in the Unit of Representation shall be two hundred
seventy (270) days (9 months). If the probationary employee is absent during this
period, their probationary period is extended by an equivalent amount of time.
ARTICLE XIX
SEPARABILITY
If any portion of this MOU is held to be invalid by a court of competent
jurisdiction, the remainder of this MOU shall not be affected thereby. Upon
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MOU: 07/0111 - 06/30112
issuance or the nnai uetermmaiion or ine court, me parries agree to meet ano
confer concerning only those matters directly affected by the decision.
ARTICLE XX
UNIFORMS
The District will provide uniforms and bear the cost of the regular cleaning,
maintenance and replacement of uniforms. The District will also reimburse up to
$150.00 per year for the purchase of safety -toed shoes required to be worn by its
employees.
ARTICLE XXI
EMPLOYEE RETENTION INCENTIVE PROGRAM
One annual lump sum payment the first pay period in December of each year as
follows:
After 10 years through the end of 14th year $125
After 15 years through end of the 19th year $250
After 20 years through the end of the 24th year $375
After 25 years $500
In the event an eligible employee retires from District service prior to the first pay
period in December of any year, employee will receive the Employee Retention
Incentive for that year at the time of retirement.
ARTICLE XXII
RETIREE HEALTH INSURANCE
District employees who retire with a minimum of 20 years of District service will
receive health insurance for themselves and their spouse until such time as the
employee is eligible for Medicare.
Effective with the payroll period beginning July 2, 2010, the District shall pay the
actual premium amount up to a maximum of $550.00 /month for those employees
who retire during this time period.
Unless it is unavailable, the retired employee shall obtain their health insurance
from PERS. In the event the employee dies before reaching eligibility for
Medicare, the District will extend this benefit to the surviving spouse until he /she
is eligible for Medicare.
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ARTICLE XXIII
RETIREMENT - PERS CONTRACT
2.7% A 55 - The District has negotiated with PERS to provide the "2.7% @ 55
Retirement Formula" to the District's employees hired prior to July 1, 2011.
Effective January 1, 2012, the employee's shall pay 2% of the employee
contributions, the District shall pay the remaining 6% of the employee
contributions in addition to the employer contribution.
2.0% k 55 - The District is negotiating with PERS to provide the "2.0% @ 55
Retirement Formula" to the District's employees hired after July 1, 2011. The
employee's shall pay 7% of the employee contributions and the District shall pay
the employer contributions.
ARTICLE XXIV
FLEXIBLE SPENDING ACCOUNT
The District shall implement a Flexible Spending Account for the benefit of
its employees. This program shall be in accordance with the provisions of
IRS Publication 969.
MOU: 07/01A 1 - 06/30/12
RESOLUTION 2011.28
RESOLUTION FOR EMPLOYER PAID MEMBER CONTRIBUTIONS
WHEREAS, the governing body of the East VaIIe�Water District has the authority to implement
Government Code Section 20691;
WHEREAS, the governing body of the East Valley Water District has a written labor policy or
agreement which specifically provides for the normal member contributions to be paid
by the employer;
WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by
the governing board of the East Valley Water District of a Resolution to commence
said Employer Paid Member Contributions (EPMC);
WHEREAS, the governing body of the East Valley Water District has identified the following
conditions for the purpose if its election to pay EPMC:
• The benefit shall apply to all employees of Miscellaneous Group 1 .
This benefit shall consist of paying 6% of the normal member contributions as
EPMC.
• The effective date of this Resolution shall be January l , 2012
NOW, THEREFORE, BE IT RESOLVED that the governing body of the East Valley Water
District elects to pay EPMC, as set forth above.
�.
(Name of Official)
Board President
(Title of Official)
(Date adopted and approved)
+:y W East Valley
)Water District
EAST VALLEY WATER DISTRICT CORPORATE CULTURE AND VALUES
East Valley Water District (EVWD) strongly believes that our core values are at the heart of our
corporate culture and the foundation of our organization. Our values drive our performance,
communication and how we provide service to our customers. Our value system is used to evaluate
personal and corporate performance at all levels of the organization. Our seven core values are listed
below:
Communication - Open lines of communication at all levels of the organization is highly
encouraged. Ensuring that all employees are informed allows our organization to stay focused
on our mission.
Integrity — EVWD believes that integrity, or honesty, truthfulness and accuracy are essential to
our responsibility and actions as a public agency. Integrity defines the character of the
organization.
Personal Responsibility — EVWD employees take great pride in every aspect of their jobs.
Employees are empowered and motivated to succeed as individuals and as a member of the
EVWD team.
Customer Service — Our employees are committed to the highest levels of customer service. Our
customers have entrusted us to provide courteous, prompt and efficient service. This also
includes providing excellent customer service to our "internal customers" as well where we view
every employee's contribution to the organization as a valuable component in providing
excellent customer service.
Teamwork — At EVWD every employee is critical to our ultimate success. Everyone on our team
has a role with no individual being more or less important than any other. Teamwork means
participation, collaboration, coordination and understanding how each individual's role fulfills
our mission.
Sense of Humor — At EVWD we understand that operating a public utility is serious business.
We also recognize that public service is both enjoyable and fulfilling with the added benefit of
working together as a team to achieve mutual success.
Respect — The true strength of EVWD is our respect for one another and our diverse and
talented workforce. We respect one another, honor one another and accept our differences
which only make us stronger. Respect also extends to our customers who have a right to expect
the highest levels of customer service.