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Home My WebLink AboutAgenda Packet - EVWD Board of Directors - 01/24/2012 East Val ley tooWater District 3694 HIGHLAND AVE., SUITE #30, HIGHLAND, CA BOARD MEETING January 24, 2012 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". - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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. I. 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 removed from the Consent Calendar. a. Resolution 2012.04 — A Resolution of the Board of Directors of the East Valley Water District accepting dedication of water distribution system from Young Shin (Dairy Queen) b. Directors' fees and expenses for December 2011 C. Accept and file the Financial Statements for October 2011 d. Accept and file the Investment Report for the quarter ended December 31, 2011 e. Accounts Payable Disbursements: Accounts Payable Checks #231130 through #231341 which were distributed during the period of January 3, 2012 through January 17, 2012 in the amount of$1,336,968.14. Payroll and benefit contributions for the period ended January 17, 2012 and included checks and direct deposits, in the amount of$261,128.19. Total Disbursements for the period $1,598,096.33. 1 OLD BUSINESS 3. Ordinance 382 - An Ordinance of the Board of Directors of the East Valley Water District establishing guidelines for the conduct of its public meeting and activities REPORTS 4. General Manager/ Staff Reports a. EVWD District Tour b. HR/AGM update c. Staff report format 5. Committee Reports: a. Engineering & Facilities Committee 6. Legal Counsel Report 7. Oral comments from Board of Directors CLOSED SESSION 8. CONFERENCE. WITH REAL PROPERTY NEGOTIATOR [Government Code Section 54956.8] Property: APN: 1191-251-02, 05, 06 San Bernardino County, State of California Party with whom District will negotiate: Potential Buyers Party who will be negotiating on behalf of the District: John J. Mura/.lim Cimino Under Negotiation: Price and Terms of Payment DISCUSSION OF CLOSED SESSION ITEM ADJOURN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pursuant to Government Code Section 54954.2(a), any request for a disability-related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above- agendized public meeting should be directed to the District's Administrative Manager at (909) 885-4900 at least 72 hours prior to said meeting. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 BOARD AGENDA STAFF REPORT Meeting Date:January 24,2012 EastValley Water District Public Hearing: ❑ Discussion Item: ❑ Consent Item: January 19,2012 TO: GOVERNING BOARD MEMBERS FROM: GENERAL MANAGER/CEO SUBJECT: DEDICATION OF WATER SERVICES FOR HIGHLAND DAIRY QUEEN RECOMMENDATION: Adoption of Resolution 2012.04, accepting dedication of water services for the Highland Dairy Queen. BACKGROUND/ANALYSIS: On September 27,2011,East Valley Water District and the owner of Dairy Queen,Young Shin, entered into a development agreement for water service. The development agreement required Mr. Shin to design and construct all necessary water service required for the Dairy Queen Restaurant. District field staff inspected the construction process to make sure District Standards were followed.The construction was completed on December 30, 2011. REVIEW BY OTHERS: Engineering Staff. FISCAL IMPACT: No fiscal impact associated with this agenda item. ftesp tfully submitte Keconm}e ed by: N4 \ �{ John Mara,General l/ anger/CEO Eliseo Ochoa,District Engineer ATTACHMENTS: Resolution 2012.04 #0058 EXHIBIT "A" RESOLUTION 2012.04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ACCEPTING DEDICATION OF WATER DISTRIBUTION SYSTEM Young Shin — Dairy Queen BE IT HEREBY RESOLVED by the Board of Directors of the East Valley Water District, as follows: WHEREAS, the water line system and appurtenant structures constructed in accordance with specifications of the East Valley Water District at 26897 Baseline Road for public use in the City of Highland, has been dedicated to East Valley Water District by Young Shin — Dairy Queen. NOW THEREFORE, BE IT HEREBY RESOLVED, that the Dedication of Water Distribution System dated January 05, 2012 and executed by Young Shin, Owner, on January 05, 2012 be accepted and all rights, title and interest in and to said water system be vested in the East Valley Water District, and that the Secretary of this District be, and is hereby authorized and directed to record this Resolution with said Dedication of Water Distribution system attached hereto, in the office of the County Recorder of the County of San Bernardino, State of California. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District, upon motion duly made, seconded and carried on January 25, 2012. AYES: Directors NOES: ABSENT: EAST VALLEY WATER DISTRICT Matt Le Vesque, Board President Attest: John J. Mura, Board Secretary W2523 i;11/12 din RECORDING REQUESTED BY: East Valley Water District WHEN RECORDED MAIL TO' East Valley Water District Pust Office Box 3427 San Bernardino, California 92413 FEE EXEMPT PURSUANT TO GOVERNMENT CODE SECTION 6103 IRREVOCABLE OFFER OF DEDICATION OF WATER SYSTEM [Board of Directors East Valley Water District Son Bernardinu, California 92413 DATE: _L tNn� .i O u,✓G— 5 h�i� - - -- -------- -------------- ___---____, hereby declare that the water system and appurtenant structures to be constructed in the City of_ Callforn a 2x_8_9 7--- __L i�✓/�_ t_� ---- --------- the Fast Valley Water District are intended for public use and that uponitheir Gacceptance ltby said District,requirements title and interest of the undersigned In and to said water system shall thereupon vest in the District. The within dtAic,dion shall be binding upon heirs, successors., assignees, executors,or administrators of the undersigned. The undersigned further declares and hereby certifies that there are no liens or debts of any nature presently due or ou!suanding against or upon said water system and appurtenant structures for labor or materials or for any outer cause, and that the undersigned will hold East Valley Water District free and harmless from any and all such cicurl of ens asserted upon said water system and appurtenant structures should they be claimed or arise provided such claims or liens arose from acts which occurred on or before the date listed above. fCorpyiate Seal) By ;;1;1{;1f„I;I;k;;f;;„1w;{;1;I;„'y4;{;;f{{;14;1f; STALE OF CALIFORNIA CIUNTY nr`x4 � O” _ 201.Z, before me, � -t -- ersonally appeared s personally known to me (or proved to me on t e basis of satisfactory evYnce) to t(k the person whose name(s) is/are subscribed to the same in his/,het$pefr authorized capacity and that by hisI4lrmll4vrr signature,( on the instrument the person (�, or the entity upon behalf of which the person W acted. executed the instrument WITNESS my!iand and official seal. J AN SCOTT O Cjii #F 1859691 ,f d NOTARY PUBLIC•CALIFORNIA�• Signaluru SAN BERNARDINO COUNTY .. -- ---- -- ------- (Seal) COMM,ERPIRES AUO,1,20I? Loci ke,'S d Od 10-07 ck CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Californi vv County of x OnC/ before me, G%/? (Hem inseft name and title ofth iccr) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s whose name(AK) is/�ktt subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/beritheir authorized capacity(ies), and that by his/her/their signaturefs)on the instrument the person(s), or the entity upon behalf of which the person(8)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. U COMMN 18$9691 ITNESS my hand and officio! seal. �' NOTARY DUAIIL CALIPoANIA O SAN BERjpRES 4 O COUNTY f1 COMN.EKPIP,ES AUG.1,2U1? Signature of Notary Public (Notary Scrl) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknovledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must he properly completed and attached to that document. The only exception is if a docemrem is to be recorded outside of Calitomta.In sack iustanccs,any altemative (Title or description of red doe nt) ackrundledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a nalary in Califatnia (i.e. certifying the authorized capacity of'lhe signer), Please check the (Titleordescripfi fataached documentc tined) docainent carefullyfor proper notarial wording andanach thisform ifregtured �_s,ewe State and County information must be the State and Comfy where the document Number of Pages Document Date N Z signers)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signers)personally appeared which must also he the same date the acknowledgment is completed_ (Additional information) • The notary public must print his or her name as it appears within his or her ` commission followed by a comma and then your tide(rotary public). • Print the name(s)of document signer(s) who persomlly appear at the time of notarization. CAPACI CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(re he/she/tbey, is/true)orcirchng the correct fortis.Failure to correctly indicate this IVIdUaI(5) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression most not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact s•• Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other a Indicate tide or type of attached document.number of pages and date. — ----_—�- _--------�-- Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO;CFO.Secretary). • Securely attach this document to the signed document I,II 2008Versim CAPAv12.10.07800.873-9855 www.NotaryClasses.com BOARD AGENDA STAFF REPORT Meeting Date:January 24, 2012 East Valley Water District Public hearing: ❑ Discussion Item: ❑ Consent Item: Q� January 18, 2012 TO: GOVERNING BOARD MEMBERS FROM: GENERAL MANAGER/CEO SUBJECT: BOARD COMPENSATION/BOARD MEMBER FEES AND EXPENSES FOR DECEMBER 2011 RECOMMENDA'T'ION: Approve the Governing Board members' fees and expenses for December 2011. BACKGROUND/ANALYSIS: The Governing Board recently raised sonic questions regarding Board Compensation. Staff was requested to provide a copy of the latest Resolution pertaining to this topic. Resolution No. 2011.01 is attached to this staff report for your review as Exhibit A. Staff is prepared to answer any specific questions you have regarding this topic. REVIEW BY OTHERS: District Council has reviewed this agenda item. FISCAL IMPACT: The fiscal impact associated with this agenda item is $2,871.90, which is included in the current fiscal budget. Kcspe.t fully submits d John )V��._General M natter/CI?O Attachments: Resolution No. 2011.01 Monthly summary report December fees and expenses reports N0056 RESOLUTION NO. 2011.01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ES'T'ABLISHING POLICIES FOR ITS COMPENSATION, REIMBURSEMENT, ETHICS AND SEXUAL HARASSMENT TRAINING, AND INSURANCE COVERAGE WHEREAS, the Board of Directors of the East Valley Water District finds as follows: A. The East Valley Water District("the District")is a county water district organized and operating pursuant to California Water Code Section 30000 et seq. B. The District is governed by an elected Board of Directors ("the Board") whose activities are subject to the requirements of California law, including but not limited to the "Local Government Sunshine Bill" ("AB 1234"), which took effect on January 1, 2006. C. The purpose of this resolution is to ensure compliance with AB 1234 and to establish policies with respect to (1) Board member compensation, (2) Board member reimbursement, (3) Board member ethics training, (4) Board member sexual harassment training,and(5)Board member insurance coverage. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of the East Valley Water District as follows: Section 1. COMPENSATION. 1.1. Amount. The amount of Board member compensation paid by the District shall be determined in accordance with all applicable requirements of the California Water Code. Pursuant to said requirements, the Board shall set the rate of such compensation for a day's service,and shall set the maximum number of day's service for which a Board member may receive compensation each month from the District, by adoption of a separate ordinance. 1 L2. Day's Service. 1 .2.1. Meetings. For purposes of determining Board member entitlement to compensation under the ordinance referenced in Section 1.1 of this Resolution, the term "day's service"is defined as attendance or participation of a Board member,in person or by telephone,at an eligible meeting with one or more other parties for the performance of official duties on behalf of the District. An "eligible meeting" as used herein includes, but is not limited to, the following: (a) Any occurrence that is listed in Government Code Section 53232.1(a); (b) A regular, special, or emergency meeting of the Board; (c) A meeting of a standing,ad hoc, or advisory committee of the Board; (d) A meeting with the District's General Manager involving the operations of the District; (e) A meeting of organizations with interests in matters involving the functions and operations of the District; (f) A conference, seminar, or organized educational activity involving matters related to the functions and operations of the District; and (g) All other occurrences for which the Board member has obtained prior approval from the Board to attend or participate on behalf of the District. 1 .2.2. Daily Limitation. If a Board member attends or participates in multiple meetings in a single day, the Board member shall only be entitled to compensation for one eligible meeting on that day. 1.2.3. Ineligible Meetings. Meetings that would not generally be considered an eligible meeting for purposes of Board member entitlement to District compensation under the ordinance referenced in Section 1.1 of this Resolution shall include social gatherings,picnics,awards 2 banquets, holiday events, retirement dinners, and similar functions, unless previously pre-approved by the Board. Additionally, an eligible meeting shall not include a day's service that is devoted strictly to travel to attend an eligible meeting,unless previously pre-approved by the Board. 1.3. Procedure. To receive compensation for attendance or participation at eligible and/or approved meetings, a Board member shall submit to the District's General Manager a payment request for the calendar month by noon Tuesday preceding the first regular Board meeting of the following month, at which time the Board will consider approval of the payment request. Payment requests that are not timely filed will be considered at a subsequent Board meeting. Section 2. REIMBURSEMENT. The District shall reimburse Board members for costs incurred related to attendance or participation at eligible and/or approved meetings as defined in Section 1 of this Resolution, as provided herein. 2.1 . Eligible Expenses. Expenses eligible for reimbursement shall be limited to (1) registration or tuition costs,or other charges for participation at the meeting;(2)transportation to and from the meeting, including airfare, car. rental, or mileage for use of a Board member's own automobile, and other miscellaneous transportation costs(shuttle,taxi,parking, etc.); (3) lodging at the single-room rate; and (4) reasonable costs of meals. 2.2. Budget Limits. The maximum amount of District-paid expenses that each Board member may annually incur without separate prior Board approval is $6,000 each fiscal year. Expenses incurred by the District that are unused by a Board member requesting District payment thereof may be charged back to that individual Board member at the discretion of the Board. 2.3. Rates. 3 2,3.1. Registration,Tuition,and Meeting Charges. The District reimbursement rate for registration or tuition costs, or other charges for participation at a meeting, shall be the actual amount incurred. 2.3.2. Transportation. (a) Members of the Board must use government and group rates offered by a provider of transportation services for travel when available. If such rates are not available, the District reimbursement rate for Board member transportation shall be the actual amount incurred,not to exceed $100.00 per day's service(except for airfare,which shall not exceed the cost of round-trip coach airfare). (b) The District reimbursement rate for mileage by use of a Board member's own vehicle shall be calculated on the basis of total miles driven for District purposes at the rate specified in the internal Revenue Code in effect at the time of the vehicle usage. (c) The District reimbursement rate for vehicle parking by a Board member shall be the actual amount incurred. 2.3.3. Lodging. Members of the Board must use government and group rates offered by a provider of lodging services when available. If the lodging is in connection with an accepted conference or organized educational activity, lodging costs must not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the member of the Board at the time of booking. If a government or group rate is not available,the District reimbursement rate for Board member lodging shall be the actual amount incurred, not to exceed the rate for comparable lodging. 2.3.4. Meals. The District reimbursement rate for Board member meals shall be the 4 actual amount incurred, not to exceed $125.00 per day's service. 2.3.5. Other. District reimbursement of all other actual and necessary expenses incurred by a Board member shall be computed using the applicable Internal Revenue Service rates for reimbursement as established in Publication 463,or any successor publication. All expenses that do not fall within this reimbursement policy or the Internal Revenue Service reimbursable rates, as provided above, shall be approved by the Board in a public meeting before the expense is incurred. If a Board member chooses to incur additional costs that are above the rates established herein, and those costs have not been approved by the Board in a public meeting before the expense is incurred, then the Board member may do so at his or her own expense. 2.4. Ineligible Expenses. Board members shall not be eligible for District reimbursement of any expenses that are incurred by any person traveling or attending a meeting as a guest of the Board member, nor for any expenses that are otherwise incurred in connection with an ineligible meeting described in Section 1 .2.3 of this Resolution (except that expenses incurred by a Board member in connection with a day's service that is devoted strictly to travel to attend an eligible meeting shall be eligible for District reimbursement). No Board member shall be eligible for District reimbursement of any expenses for personal services not related to District business. 2.5. Expense Forms. The District shall provide expense report forms to be filed by the members of the Board for reimbursement for actual and necessary expenses incurred on behalf of the District in the performance of official duties. The expense reports shall document that expenses meet the policy reflected in this Resolution for expenditure of public resources. Board members shall submit to the District's General Manager expense reports for the calendar month by noon Thursday preceding the first regular Board meeting of the following month, and the reports shall be accompanied by the receipts documenting each expense. At the first regular Board meeting of each 5 i month, the Board will consider approval of District reimbursement of Board member expenses incurred during the previous month as reflected in the timely-filed expense reports. Expense reports that are not timely filed will be considered at a subsequent Board meeting. All documents related to reimbursable District expenditures are public records subject to disclosure under the California Public Records Act, 2.6. Report. Board members shall provide brief reports on meetings attended at the expense of the District at the next regular meeting of the Board. Section 3. ETHICS TRAINING. 3.1. Requirement. 3.1 .1. Service Prior To Effective Date. Each local agency official in District service as of'the effective date of this Resolution must receive training in ethics laws at least once every two years. 3.1.2. Service On Or After Effective Date. Each local agency official who commences service with the District on or after the effective date of this Resolution must receive training in ethics laws no later than six months from the first day of service with the District. Thereafter, each local agency official must receive such training at least once every two years. 3.2. Application. 3.2.1. Local Agency Official. As used in Section 3.1 of this Resolution, the term "local agency official" means all of the following: (a) All Board members; and (b) All executive staff of the District. 3.2.2. Ethics Laws. As used in Section 3.1 of this Resolution, the phrase "ethics laws" 6 includes, but is not limited to, the following: (a) Laws relating to personal financial gain by public servants, including, but not limited to, laws prohibiting bribery and conflict-of-interest laws; (b) Laws relating to claiming perquisites of office, including, but not limited to, gift and travel restrictions,prohibitions against the use of public resources for personal or political purposes, prohibitions against gifts of public funds, mass mailing restrictions, and prohibitions against acceptance of free or discounted transportation by transportation companies; (c) Government transparency laws,including, but not limited to, financial interest disclosure requirements and open government laws; and (d) Laws relating to fair processes, including, but not limited to,common law bias prohibitions, due process requirements, incompatible offices, competitive bidding requirements for public contracts, and disqualification from participating in decisions affecting family members: 3.3. District Responsibilities. 3.3.1. Records. The District shall maintain records indicating(a)the dates that local agency officials satisfied the requirements of Section 3 of this Resolution and (b) the entity that provided the training. The District shalt maintain these records for at least five years after local agency officials receive the training. These records are public records subject to disclosure under the California Public Records Act. 3.3.2. Notice, The District is required to provide information on training available to meet the requirements of Section 3 of this Resolution to its local agency officials at least once annually. Section 4. SEXUAL HARASSMENT TRAINING. 7 4.1. Requirement. 4,1 .1. Service Prior"fo Effective Date. Each Board member in District service as of the effective date of this Resolution must participate in the District's program of providing at least two hours of classroom or other effective interactive training and education regarding sexual harassment to its supervisory employees at least once every two years. 4.1.2. Service On Or After Effective Date. Each Board member who commences service with the District on or after the effective date of this Resolution must participate in the District's program of providing at least two hours of classroom or other effective interactive training and education regarding sexual harassment to its supervisory employees no later than six months from the first day of service with the District. Thereafter, each Board member must participate in such training at least once every two years. 4.2. District Responsibilities. The training and education required by Section 4 of this Resolution shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing District supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers and educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. Section 5. INSURANCE COVERAGE FOR BOARD MEMBERS. 5.1 Current Directors. Pursuant to California Water Code Section 31008 and the applicable provisions of California Government Code Section 53200-53210, the District, subject to such terms and conditions as may be established by the Board,shall make health and welfare benefits 8 available to its active Board members and their spouses and dependent children under the age of 21, dependent children under the age of 25 who are full-time students at a college or university, and dependent children regardless of age who are physically or mentally incapacitated (collectively, "Dependents"). The District shall pay the costs of such insurance coverage for those Board members and their spouses and Dependents who elect to accept said benefits, during the period of time that such Board members are serving in office as Board members of the District. Effective January 1, 2009, the health and welfare benefits made available under this Section shall not exceed the level of insurance benefits provided by the District to its regular full-time employees. 5.2. Former Directors. 5.2.1. Continuation of District-Paid Benefits. (a) Pursuant to the requirements of California Government Code Sections 53200-53210 and the policy adopted by the Board by minute action on November 28, 1988, and subsequently clarified by minute action on February 13,2007,the District, subject to such terms and conditions as may be established by the Board, shall pay the costs of health and dental insurance coverage to former Board members who (a) elect to accept such benefits, (b) served in office after January 1, 1981, (c) were not first elected to a term of office that began on or after January 1, 1995, and (d) served not less than 12 years on the Board at the time of termination. (b) Pursuant to the requirements of California Government Code Sections 53200-53210, the District, subject to such terms and conditions as may be established by the Board, shall pay all, or such portion as the Board may elect, of the premiums, dues, or other charges for health and welfare benefits of those former Board members,and the spouses and Dependents of such former Board members for whom those health and welfare benefits have been provided by the District, who elect to accept such benefits and were Board members who (a) were first elected or 9 appointed to the Board prior to July 1, 1994, and are thus not otherwise excluded from membership in the Public Employees Retirement System ("PERS"), (b) obtained membership in PERS due to their membership on the Board, (c)are eligible to retire from membership in PERS,and(d)formally retire from membership in PERS. 5.2.2. Continuation of Self-Paid Benefits. Pursuant to the requirements of California Government Code Sections 53200-53210, the District, subject to such terms and conditions as may be established by the Board, shall make health and welfare benefits available to its former Board members who do not meet the requirements of subsections (a) or(b) of Section 5.2.1 above, and to the spouses and Dependents of such former Board members, who agree to and do pay the full costs of such insurance coverage and otherwise participate on a self-pay basis, and who satisfy any and all additional eligibility requirements imposed by PERS. The election requirements for the insurance coverage provided herein, and the length of time in which said coverage shall be made available to such participants upon election,shall be the same as is set forth for the continuation of benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985. Section 6. REVIEW OF RESOLUTION. At times deemed appropriate by the Board, the Board shall review this Resolution to determine its effectiveness and the necessity for its continued operation. The District's General Manager shall report to the Board on the operation of this Resolution, and make any recommendations deemed appropriate, including proposals to amend the Resolution. Upon conclusion of its review, the Board may take any action it deems appropriate concerning this Resolution. Section 7. SEVERABILITY. 10 If any provision of this Resolution,or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application,and to this end the provisions of this Resolution are declared to be severable. Section 8. EFFECTIVE, DATE, The provisions of this Resolution shall become effective upon adoption and shall supersede the provisions of Resolution No. 2009.22 adopted by the Board on November 24, 2009. Adopted this 8"' day of February, 2011. AYES: Directors: Levesque, Malmberg, Sturgeon. Wilson NOES: None ABSTAIN: None ABSENT: Director Morales Pr6sident,'EfoaM of Directors ATTEST: - z4f -- Secretary, Board of irectors 11 X i - D z D D m D Om O n v c m rD- m r m < r m z < G) T m m Cl) W (.J 0 0 0 0 0 � M 0 o m 00 o m m O m Z 00 r-i M _ a < m CD O N Z m nWi rn o co `�° m D a a m ni m O cn m O_ T m O U O m m 0 ci> O 0 0 0 0 0 °0 XD r m z m u, cn N rn a cn m n n m A � CA W N N c0D cn G) T 9 0 0 0 0 0 o cn °o °0 0 0 0 °o O m W m O O> y m � a Z > Tl w c0 �+ m m N O X CD 0 Om co w coo Cn Cn n * N D m m T T7 N O T1 O O O O O O O O (n O m 0 o O o 0 o O A X � a C M �D -N p 0) rn in w tzii m v v W O N cn z T m N N n�i o con o LL m a7 cn Ul Cn O 0 0 O Cl) m O O O 00 m m m m x m i w m w w w w cn U) 0 o coil in w 0 Z O_ T m O O cn � O O m X O o T 0 0 cn D 00 00 cf) z -i O � 0 K E K m 0 K 00 E K 9 W K w K K W � C/) ET O mm = m0mm � mc 0mmmmc0 mco X00. 1 —I 0 0 (D m m �: m m 0 m m m m. < m � (D co < Ti C a m D Cn5' m > >' �' ' m > E5- 3' 5 � 5m 3' �' � C� CD o. � r as m Uo co N ° m o to co O N D o' F f f m C"i o' CD � � � 0 f o' � f 0 o' ,C m Nom � 0SO � omm000 amomo m � � Z v Cjm6o 3odxo00 om00 m D I�CD m6 �, o O n n n n n 0 m � s s s m O Qo Cn Uj c m z o Z3 O O O O OO O O W N N O A 00 W -` J (1 O co ! 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D A N tJ0 fOD O m A cn m 0 c _ D ! —I 0 o O C) 0 Z 0 0 0 w o w 0 o m o col cn / C § ƒ F /// f / . > { § C & ( / E « j ° a2zzzo \ } + t = \ \ tm a & on = = 2 z CD m 0 ( } / q & { ] \ 0 \ ( \ 3 t q § WMCO §2 to c. § m _ \ \ \ \ 2 \ z2 / z m \ ec > ) m mm > m a $ 2m m / m 0 0 o c / m m0 > > G § 2e = > > � § mm \ m ( § m ] G \ G) m. \ \ § z K cn co \ m \ Cl)CD ( # \ n / / fF ƒ m >j F 2 » k & & & & & ° co (a (a nn ¥ ! k \ ! j _ \ Beep / 7 z o - - & r r ( m \ CD — ~ \ \o g \ ) _ \ \) a � � � \ § > \ \ m \ m N) \ \ j \ § } I co m \ \ » > G § e e § -n Cl) C) § mm ° \ \ /CD om / G) \ m / OD @ CO co f § z § J 3 O D r z IO D D m n O T m >D - --I m p7 O z D O -n O C) � O r � z m m mm > � rn° � z o X ° m J ° m X o Dy NZ x U) mm m o m ° ;u mm 0 � m o D o 6) m co 0 z n C 0 m t7 � ° z D ° G) z 0 m o D o r- 0 C/) C) 0 0 0 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Matt Le Vesque MONTH December , 2011 Board Meetings 13-Dec Conferences and Other Meetings DATE ORGANIZATION PURPOSE 5-Dec EVWD Meeting w/R. DeLoach, K. Sturgeon 6-Dec SBVMWD Collabaration Agreement w/Valley, Western, and SBVWCD 8-Dec EVWD Mtg. w/J. Mura 9-Dec EVWD Facilities Tour of Chino Hills Corp. Yard, City Hall, etc. 10-Dec `EVWD *Empoyee Awards Banquet *Highland Chamber/Cimino 12-Dec Realty *Open House 14-Dec FPPC A81234 Training 15-Dec EVWD Meeting w/R. DeLoach, J. Mura 19-Dec IVDA Meeting w/A.J. Wilson** No Charge 21-Dec EVWD Meeting w1 R. DeLoach 22-Dec EVWD Meeting w/J. Cimino, J. Morales, R. DeLoach 22-Dec *EVWD *Sign Checks/M. Reardon Retirement TOTAL#OF MEETINGS 9-W, @ $150.00 each $ 47-5v4-"v?- 1 ,350 Travel Expenses: (Details on Back) $ 108.52 Total Director's Meetings & Expenses $ 4 -52 1,458.52 Director's Signature Less Any Advance Payments $ Date of Board Approval TOTAL DUE DIRECTOR$—L499.-13� Administrative 1 ,458.52 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 9-Dec Chino Hills City Yard 82 $ $ $ $ TOTAL FEES $ CURRENT RATE: $0.555 TOTAL MILES 82 $ 45.51 Meals: (Detailed receipts attached") DATE FUNCTION ATTENDED AMOUNT 8-Dec Meeting w/J. Mura $ 27.00 9-Dec Chino Hills facilities tour w!J. Mura $ 36.01 $ TOTAL MEALS $ 63.01 Other: (Detailed receipts attached') DATE FUNCTION /NATURE OF EXPENSE AMOUNT TOTAL OTHER $ 'ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $ 108.52 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: Morales MONTH December 2011 Board Meetings: Conferences and Other Meetings DATE ORGANIZATION PURPOSE 16 EVWD Meet with General Manager 19 IVDA Meet with Executive Director 22 EVWD Meet with General Manager 23 EVWD Met with Robert DeLoach: Reviewed Legislation (2 yr bill updates AB327/AB 19/AB550/AB763et.al) TOTAL # OF MEETINGS_3 @ $150.00 each $450.00 Travel Expenses: (Details on Back) $ Total Director's Expenses $ Total Director's Meetings & Expenses $450.00 Director's Signature Less any Advance Payments $ Date of Board Approval TOTAL DUE DIRECTOR $450.00 EVWD Exo DEC 2011 eoc EAST VALLEY WATER DISTRICT Jn v DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Sturgeon MONTH 12 12011 Board Meetings 13 Conferences and Other Meetings DATE ORGANIZATION PURPOSE 3 TED Presentations 5 EVWD Meet with General Manager 14 City of Escondido Water Rate Hearing 20 EVWD Meet with Chief Executive Officer TOTAL#OF MEETINGS 4 @ $150.00 each$ 600 .00 TED Fee 8 . 38 '" Travel Expenses: (Details on Back) TED Parking $ 5 . 00 / Total Director's Meetings& Expenses$ 613 . 38 Director's Signature, Less Any Advance Payments$ Date of Board Approval January 10 , 2012 TOTAL DUE DIRECTOR$ 613 . 38 Administrative Manager Miscellaneous Notes EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Wilson MONTH DEC 2011 Board Meetings ,K-Dec 13 M Conferences and Other Meetings DATE ORGANIZATION PURPOSE 23-Dec EVWD Mtg W1 Gen Mgr TOTAL#OF MEETINGS 2 @ $175.00 each $ 350.00 Travel Expenses: (Details on Back) $ Total Director's Meetings& Expenses$ 350.00 Director's Signature �/� Less Any Advance Payments$ Date of Board Approval TOTAL DUE DIRECTOR$ 350.00 Administrative Manager Miscellaneous Notes BOARD AGENDA STAFF REPORT Meeting Date: January 24,2012 East Val ley Water District Public Hearing: ❑ Discussion Item: ❑ Consent Mein: (o/ January 19, 2012 TO: GOVERNING BOARD MEMBERS FROM: GENERAL MANAGER/CEO SUBJECT: FINANCIAL STATEMENTS FOR OCTOBER 2011 RECOMMENDATION: Staff recommends that the Board of Directors accept and file the attached financial statements. BACKGROUND/ANALYSIS: Balance Sheet Total Assets increased by $454 thousand in October. This amount is the result of increases in Construction in Progress of$575 thousand and Restricted Assets of$227 thousand, offset by a decrease in current assets of$348 thousand. Restricted Asset increases included 1) a deposit with the trustee for the 2010 bond debt service accounts of$216,989 and quarterly earnings of bond construction funds, which are invested with LAIF, of$13,299. There were no draws of Construction Funds by District staff during October. The $348 thousand decrease in Current Assets, netted against a decrease in Current Liabilities of $320 thousand, caused an improvement in the District's current ratio from 2.02:1 to 2.07:1. Liquidity also increased as the District's ability to cover current liabilities with cash improved from 132% to 139%. Revenue & Expenses Statement Operating Revenue Water sales were $46,235 over projection in October, during which the District sold 789,756 HCF (770.4 MG) of water. Year to date, sales are $148,389 higher than expected. Compared to previous periods, October 2011 sales were: #0059 AGENDA DATE: JANUARY 24,2012 SUBJECT: FINANCIAL STATEMENTS FOR OCTOBER 2011 PAGE TWO • 23.3% lower than September 2011 • 4.2%lower than October 2010 • 11.5% lower than October 2009. Lower sales compared to September were expected due to cooler weather, however, lower sales 1 year ago and 2 years ago displays our customers' determination to continue cutting back on water usage to minimize the effect of rising rates and an economy that remains weak. Other District operating revenues were $77,020 over projection in October, and Sewer Treatment revenue, which is passed through to the City of SB, was $53,578 higher than expected. Sales Volume by Month -Current Fiscal Year 1,200,000 - 1,100,000 - - 1,000,000 � . . -- - ---------- -- --- I 900,000 ---- -- -- ---- ----- i 800,000 -- 700,000 -- — _. _ *� —2009-10 f 600,000 - 'x ---- — -- -- 500,000 — — ---- '. ---— -2010-11 400,000 300,000 -- -- ---- - -- 2011-12(Nov-Jun est.) 200,000 100,000 July Aug Sept Oct Nov Dec lap Feb Mar Apr May Jun Operating Expenses Operating Expenses were $696,542 under budget through October. Of significance: • Pumping costs continue to track below budget; $212,116 under budget through October. As pumping has a direct correlation with sales, continued decline in customer demand for water results in lower monthly power costs. • Water Treatment costs exceeded budget by $15,453 in October, but remain significantly under budget by $291,913 to date this fiscal year. This is due to lower demand for water, and also the continued shutdown of plant 27 (fluoride). #0059 AGENDA DATE: JANUARY 24, 2012 SUBJECT: FINANCIAL STATEMENTS FOR OCTOBER 2011 PAGE THREE • Sewer Treatment costs in October were $553,559, $45,591 higher than the Sewer Treatment revenues due to the rate differential between treatment rates being paid, and rates being collected from customers. This deficit will be eliminated in January 2012 when Sewer Treatment rates adopted in November take effect. Capital Projects There were no capital replacement expenditures during October. There were, however $574,391 in costs incurred on CIP projects during October consisting primarily of construction at plant 134. REVIEW BY OTHERS: Not applicable FISCAL IMPACT: No fiscal impact associated with this agenda item. Respectfully submitted Recommended by: John ura, General Manager, CEO Brian Tompkins, 'O ATTACHMENTS October Financial Statements 40059 East Valley Water District Balance Sheet by fund - Unaudited October 31, 2011 Water Sewer Fund Fund Totals ASSETS UTILITY PLANT- at cost: Utility Plant in Service $123,855,603 $31,135,308 $154,990,911 Less: Accumulated Depreciat (36,746,393) (13,734,311) (50,480,704) 87,109,210 17,400,997 104,510,207 Construction in Progress 11,097,864 165,071 11,262,935 98,207,074 17,566,068 115,773,142 RESTRICTED ASSETS: Customer/ Constr. Deposits 1,760,746 97,303 1,858,049 Capacity Fees 161,658 17,983 179,641 Rate Stabilization Reserve 229,941 96,366 326,307 Construction Funds 13,522,684 199,035 13,721,719 Debt Service Funds -Trust A 2,085,924 2,085,924 17,599,295 392,704 17,991,999 CURRENT ASSETS: Cash and Investments 21,070,180 4,261,586 25,331,766 Less: Restricted Cash and 1 17,599,295 392,704 17,991,999 3,470,885 3,868,882 7,339,767 Accounts Receivable (net of 1,868,027 1,868,027 Interest Receivable 875 8,388 9,263 Assessments receivable 89,136 89,136 Other Receivables 73,989 73,989 Grants Receivable 437,266 437,266 Inventory 955,596 955,596 Prepaid Expenses 183,765 183,765 7,079,539 3,877,270 10,956,809 OTHER ASSETS: Deferred financing charges 554,269 18,115 572,384 Property held for resale 751,842 684,725 1,436,567 Due from Other Funds (1) 7,000,000 6,999,999 1,306,110 7,702,840 9,008,950 TOTAL ASSETS 124,192,018 29,538,882 153,730,900 Balance Sheet Page 1 East Valley Water District Balance Sheet by fund - Unaudited October 31, 2011 Water Sewer Fund Fund Totals LIABILITIES AND EQUITY LONG-TERM LIABILITIES: 2010 Revenue Bonds $31,650,000 $840,000 $32,490,000 Premium on 2010 Rev Bonds 2,055,768 96,740 2,152,508 DWR Loan 2,180,945 2,180,945 Due To Other Fund 7,000,000 (1) 6,999,999 Less: Deferred Amt on Refnd (510,222) (510,222) 42,376,491 936,739 43,313,230 CURRENT LIABILITIES PAYABLE FROM RESTRICTED ASSETS: Customer service deposits 1,692,346 (1,031) 1,691,315 Construction deposits 68,400 98,334 166,734 Accrued interest payable 651,614 21,692 673,306 2,412,360 118,995 2,531,355 CURRENT LIABILITIES: Accounts payable 1,984,139 618,368 2,602,507 Accrued payroll and benefits 595,151 43,819 638,970 Compensated absences 737,129 228,893 966,022 Long Term Debt- amounts du 993,963 75,000 1,068,963 4,310,382 966,080 5,276,462 TOTAL LIABILITIES 49,099,233 2,021,814 51,121,047 EQUITY: Invested in Utility Plant 76,665,415 17,456,203 94,121,618 Restricted: Capacity Fees 161,658 17,983 179,641 Designated: Rate Stabilization Reserve 229,941 96,366 326,307 Unrestricted / Undesignated (1,964,229) 9,946,516 7,982,287 Income Year To Date 2,803,960 254,148 3,058,108 TOTAL EQUITY 75,092,785 27,517,068 102,609,853 TOTAL LIAB AND EQUITY 124,192,018 29,538,882 153,730,900 Balance Sheet Page 2 r ONO 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 O O O O O O O O O p O 000000000 �_ 00 000000 0 0000p0 0 00000000 o d O�0 0 0 0 0 0 0 0 ONO 0 0 0 N 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 O Q1 ryy NO�NOJ QI�p� A Atn OA00(00 N �OONON OOOONO00 N (0 ] OON aJ�06AN �O OoJ�-.-�-V N aONMO(O V �Mr NCO V N N a Ca A�pN N O N�� N N N M�� N r Nf0 M Qm y d r O N O O O O O N O O O p O O O O O O O 0 0 0 0 0 0 0 O O O O O O O O N O N y ONOOOOOM O NM O O�DO C l�ON 000 M aD n000000(p N C 0 00000 PM M MA N 0600 M NA 06000 m OM OO 00 aC6 06 d ^y a�AVeo OaO Q7 « N MNO C tOAtONON (0010(00 — m a O NOM06NW N Cli N cO— (O ^N�rON A M— NONE o� U �m O N .-Of M NN N J C > F OINMaOMN W N O_ONOp 00 0 O NtDm V AN01 V tON ;MMM� ND7 O N ao��o A<oAAA M NO 06 M MMNOAMW WO N06 —m MNNNC-A tOM O1 �N O MA NOp Nm w NANi NAAbp cp IAOM M�e(00 N (6.6 m��M N Az M �NM M i OOM WOOiON N 000000000 O 0000000 O 000000000 � N N M V n A � J LL wm L6 vi 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 O 0 0 0 0 0 0 m 0 0 0 Nm O N N N N O m n N N y a oQ D c � N r W xN mNOOMMmO t0 OO N0000•'O O NtOm VANA V tON�ap MO)ONO� N W� tO aDA N !O A M MMN O AMm a)NLQ a00 F- W MN N 0 O O N V O MANOD N0 a0 NANa N06 po0 V Q = M ❑ u f06pM V O�� r N m tO CO Oi��AM O MAM V N M M (� Q N r A = LL Q dO mN OONm00 MO M000000�0 A P' "Wmw Q OaJ� 00 t000M N '� of m NON6)QIN06 A A��pOw M O T m N f 0 N N N 06 a Ol O'i a A N O N a J 0 a 0 > > i3 v— N W i6 co N m oS V V of v of to n m ao F" O.�. 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Esc a` vvmova E._ vM— m m W vi O W U 6 D o 0a 0 C9>LL U C9 W M W��awcn }g o d O ° r- 0 000 0 nmo �o 00000 0 0 � � � 01 000 0 mvco 0 00o�no o �n A (py MrN N NMOJ it>In O a CV MNQ O <O�ln d' tpON M t0 Q d N Q MN n Q b t0 � y Q co `E 0 to of -- 000 o QIOQ Q 000°0 O O 01 O C '' Y'JOO N QWN t0 00 0 0 0 O Q C d no0 n <ovo -- Oo 0 0 o G �N �d1N NQ w 00 NW M Ol W U C N N d) NMO NMM n 00000 O O O N p MO MMr m co Oi ui n M 16 tD 0 d pj n0 m ] 0 N.- Q M M t00 c0 m N N N v M _ M L X000 0 Imo n 0°000 ° 0 m n (D 00 a t0 N oD (D O aD [p (O (p r Y O j 00 Q N.-M V N M N C � w �+ NOO N �M(MO 0 00000 O O T V N w' N N n (R Q N N ° M N N w O w M O N N n � � Oo a O cr 01 (OMO m rcor O 00000 N N IIY M O W u MN co omN M M M F W N N ❑ 0 0 M (OD ONi N M N 'a M Oct 1"1 M ` U M N l0 W v W N N M 00 .Q c. Q N J N w J C V d NNO O OON N 00000 r a d0 IN M N O N MI M Q W n N M Q r N a N T M M O O/ 3 O ! M O N N Yrj to t00 0) LO Q p Oa W c m E d N m � � n o w w E F: w E D w > c E WU� dA M y m H m w w� �� m ww U a iaa'Eo d �� Ew Z � E m c.- D.°� N W ~ w U m atv Z>N-- 10mo U > Ct x° Z w w cam W ac 3 E.- w W Z w g c w-2 u� C W 3 E w a X °n= va l LL a' t w Wd� '�«> d 2 °cjO wp ° PVw= a 0W U O o ~ m a 4) w N m uj Z > w m >0� =o� NL) <3 < Z w p Q X0 w U w Q Z EAST VALLEY WATER DISTRICT CAPITAL IMPROVEMENT PROGRAM INCLUDING CAPITAL BUDGET FOR FISCAL YEAR 2011 - 2012 Current Year Actual Updated through October 2011 Page 1 EAST VALLEY WATER DISTRICT Capital Improvement Program Current Year Actual Updated through October 2011 Prior Current (Memo) Projects - By Type Years Year 2010-11 2011-12 Actual Actual Budget Year 2 Source of Supply Plant 150 Wells - Lower Zone Wells (2) - - - Plant 24 Drain Line 14,486 407 240,000 Sunrise Ranch Wells (4) - - Total Source of Supply Projects 14,486 407 240,000 Treatment Facilities Plant 134 - Upgrade Technology 4,271,639 2,286,286 7,211,715 1,253,895 Plant 134 - Membrane Replacement Plant 150 - Lower Zn Perch Treat. PI - Phase 1 1,993,126 267,909 650,000 241,150 Plant 150 - Lower Zn Perch Treat. PI - Phase 2 - - - - Plant 152 - Inter. Zone Perch Treat, Plant - - Total Treatment Projects 6,264,765 2,554,195 7,861,715 1,495,045 Pumping Facilities Plant 9 - Rehab Forebay and Booster Station - - 30,000 270,000 Plant 40 - Inter to Upper Zone Transfer 2,221 400,000 - Plant 127 - Lower to Inter Zone Transfer - - - - Plant 12 - Replace Boosters / Well - - - 500,000 Plant 134 - Upper to Canal Zone Transfer - - - 520,000 Plant 39 - Inter to Upper Zone Transfer - - - - Plant 25 - Inter to Upper Zone Transfer - - - - Plant 143 - Inter to Upper Zone Transfer 32,120 41,639 900,000 550,000 Total Pumping Projects 34,341 41,639 1,330,000 1,840,000 Wastewater Collection System Sewer System Studies / Planning 181,049 - 200,000 100,000 Sewer Main Lining 51 117,000 450,000 Conejo Main Replacement 933,496 - - - Total Wastewater Collection Projects 1,114,596 317,000 550,000 age Projections 2012-13 2013-14 2014-15 2015-16 Beyond Project Year 3 Year 4 Year 5 Year 6 Year 6 Totals 825,000 1,100,000 1,925,000 - 3,300,000 3,300,000 - - 14,893 - 4,400,000 4,400,000 825,000 8,800,000 9,639,893 - - 7,811,820 16,990,000 1,025,000 - - 20,517,186 - 5,050,000 2,850,000 - - 7,900,000 - - - - 19,160,000 19,160,000 16,990,000 6,075,000 2,850,000 - 19,160,000 55,389,005 - - - - 270,000 - 200,000 - 202,221 300,000 - - 300,000 500,000 - - 1,000,000 - 780,000 - - - 1,300,000 - 2,200,000 - - 2,200,000 400,000 - - 400,000 - - - - 1,400,000 2,023,759 800,000 980,000 2,600,000 - 1,400,000 7,695,981 - - - - - 281,049 450,000 450,000 450,000 450,000 1,800,000 4,050,051 - - - 933,496 450,000 450,000 450,000 450,000 1,800,000 5,264,596 age EAST VALLEY WATER DISTRICT Capital Improvement Program Current Year Actual Updated through October 2011 Prior Current (Memo) Projects - By Type Years Year 2010-11 2011-12 Actual Actual Budget Year 2 Transmission & Distribution System 6th St 20" Pipeline - Plants 11 & 12 to 150 131,985 - 180,000 400,000 Live Oak Main Replacement 207,080 - 115,000 - Harlan Lane Main Replacement 7,957 - 90,000 70,000 Cunningham / Hillview/ Crest / Bruce 631,254 - - - 6th St 30" Pipeline - Plant 151 to Plant 40 726,931 12,918 3,675,000 2,000,000 6th St 30" Pipeline - PI 40 to PI 143 - - - 9th St 12" Pipeline - Del Rosa to Sterling - - - - AMR Meter Replacement Program - 20,227 300,000 300,000 Plant 59 Recoating - - 50,000 250,000 Plant 143 - 10mg Inter Zone Storage - - - - Reservoir-Greenspot Rd S Curve - - Reservoir-Seven Oaks Dam Rd - - - - Relocation of Facilities for Other Agencies 88,378 31,567 100,000 150,000 Eastwood Farms Assessment District 171,772 18,415 2,211,399 - Baseline Gardens 75,953 100,554 - - Total Trans & Distribution Projects 2,041,310 183,681 6,721,399 3,170,000 General Projects GIS Implementation 598,643 17,398 100,000 - Headquarters Building - - - Total General Projects 598,643 17,398 100,000 TOTAL CAPITAL IMPROVE. PLAN PROJECTS 10,068,141 2,797,320 16,570,114 7,055,045 Miscellaneous / Developer Projects Developer Water Facilities (Reimb by Fees) 226,444 16,978 Developer Sewer Facilities (Reimb by Fees) (17,590) 101 Regional Treatment Plant 24,246 Seven Oaks Dam (SAR) Discharge 206,057 Northfork Replacement (Highland Ave @ VFW) 52,409 2010 Flood Clean Up - Highland (4,023) 2010 Flood Clean Up - EVWD Facilities 146,241 1 2,500 TOTAL MISC / DEVELOPER PROJECTS 633,784 19,579 - - Total Capital Projects 10,701,925 2,816,899 16,570,114 7,055,045 Page 0 Projections 2012-13 2013-14 2014-15 2015-16 Beyond Project Year 3 Year 4 Year 5 Year 6 Year 6 Totals 531,985 207,080 77,957 631,254 - - - 2,739,849 1,300,000 1,000,000 5,400,000 7,700,000 700,000 - - - 700,000 300,000 300,000 300,000 300,000 - 1,520,227 - - - - - 250,000 - - 10,700,000 10,700,000 - - - - 10,700,000 10,700,000 - - - - 10,700,000 10,700,000 150,000 150,000 150,000 150,000 - 869,945 - - - - 190,187 - - - - 176,507 450,000 2,450,000 1,450,000 450,000 37,500,000 47,694,991 - - - 616,041 10,000,000 10,000,000 - 10,000,000 10,616,041 18,690,000 9,955,000 7,350,000 1,725,000 78,660,000 136,300,507 243,422 (17,489) 24,246 - - - 250,179 18,690,000 9,955,000 7,350,000 1,725,000 78,660,000 136,550,685 BOARD AGENDA STAFF REPORT Meeting Date: January 24, 2012 East Valley Water District Public Hearing: ❑ Discussion Item: a i Consent Item: January 18,2012 TO: GOVERNING BOARD MEMBERS FROM: GENERAL MANAGER/CEO SUBJECT: INVESTMENT REPORT FOR QUARTER ENDED 12/31/2011 RECOMMENDATION: Staff recommends that the Board of Directors accept and file the attached report. BACKGROUND/ANALYSIS: California Government Code §53646(b) requires the Treasurer or CFO of a local agency to submit a quarterly report on the agency's investments to the legislative body of the agency within 30 days of the end of each quarter. The attached schedule shows all of the District's cash and investments, restricted and unrestricted, as of December 31, 2011. The supplemental, smaller schedule shows the investment securities purchased and retired during the quarter October to December 2011. Increases and decreases in highly liquid funds, such as LAIF, are explained in the narrative below. Unrestricted Investments LAIF The balance held in LAIF at the beginning of the quarter was $4,382,398. There were no District initiated deposits to, or withdrawals from LAIF during the quarter, the only transaction to the account was the posting of third quarter interest of $3,532 in October, resulting in an ending balance of$4,385,930. Fourth quarter earnings for 2011 were $4,209 calculated at an apportionment rate of.38%, there was no change in this rate from the previous quarter. These earnings were posted to our account on January 17, 2012. AGENDA DATE: JANUARY 24, 2012 SUBJECT: INVESTMENT REPORT FOR QUARTER ENDED 12/31/2011 PAGE TWO Citizen's Business Bank Wealth Management The total (book) value of the assets held with CBB increased $8,550 to $4,109,073 during the quarter ended 12/31/11. This balance is held both in a money market account ($516,258) and in a portfolio of Treasury and mortgage backed securities. The purchase and sale of securities is shown on the attached supplemental schedule. A summary of transactions during the quarter is as follows: • Semi-annual interest payments received on securities in the District's portfolio were $15,101, reduced by accrued interest paid at the time securities were acquired of$576. • Funds held in money market accounts earned $159. • Losses of $4,502 were realized when bonds purchased at a premium, and therefore having a carrying value higher than their face value, matured. Investment manager fees paid during the quarter were$1,633. There were no transfers to or from this investment account during the fourth quarter of 2011. Restricted Investments Union Bank Five trustee accounts with Union Bank handle the debt service transactions and expenditure of proceeds from the 2010 Revenue Bond Issue. Water Acquisition Fund — the balance in the Water Acquisition account at the beginning of the quarter was $13,509,385. Interest earnings of$13,299 posted to this account during the quarter leaving an ending balance of $13,522,684. EVWD submitted no requisitions to draw money from this account during the quarter. Bal 9/30/11 13,509,385 Transfers Out 0 Payments 0 Earnings 13,299 Bal 12/31/11 13,522,684 Sewer Acquisition Fund — the balance in the Sewer Acquisition account at the beginning of the quarter was $199,035. Interest earnings during the quarter were all transferred to the Interest account resulting in an ending balance of$199,035. EVWD submitted no requisitions to draw money from this account during the quarter. #0057 AGENDA DATE: JANUARY 24, 2012 SUBJECT: INVESTMENT REPORT FOR QUARTER ENDED 12/31/2011 PAGE TWO Bal 930/11 199,035 Transfers Out 6 Trustee generated transfer to Interest Account Pa ments 0 -Earnings 6 Bal 12/31/11 199,035 Revenue Fund — this account accumulates monthly installments from the District, and then funds sufficient to make semi-annual debt service payments are remitted to the Principal and Interest Accounts immediately prior to the due dates of April 1"and October 151. Bal 9/30/11 22,165 Receipts 650,966 Three pmts from EVWD of$216,989 -Earnings 13 Trustee generated transfers from other accounts Transfers Out 13 Transfers to Interest Acct Bal 12/31/11 673,131 Principal Acct — this account receives a transfer from the Revenue Fund equal to the annual bond principal being remitted to bondholders, immediately before the principal payment is due. Bond principal payments are due each October 15`. Bal 9/30/11 1,055,000 Transfer In 0 Transfers from Revenue Fund -Earnings 1 Transfers Out 1 Transfer to Interest Account -Payment 1,055,000 Bal 12/31/11 0 Interest Account — this account receives the earnings of other accounts, and transfers from the Revenue Fund, in order to make semi-annual debt service payments to the bond holders on April 1 st and October 15`of each year, Bal 9/30/11 724,981 -Earnings 20 Trustee enerated transfers from other accounts Transfer In 0 Transfers from Revenue Fund Payment 724,981 Debt service interest payment Transfers In 4 Earnings transfers from all other accounts Bal 12/31/11 24 REVIEW BY OTHERS: Not applicable #0057 AGENDA DATE: JANUARY 24, 2012 SUBJECT: INVESTMENT REPORT FOR QUARTER ENDED 12/31/2011 PAGE TWO FISCAL IMPACT: No fiscal impact associated for this agenda item. Respectfully submitted Recommended by: AAA John Mura, General M pager, CEO rian Tompkins FO ATTACHMENTS: Investment Report Schedule of security transactions #0057 u zzz � z m mmmm 'c 'c c D ::D N =O O O C' N •D t� In V �n R V'' In rn M lD N Qr M O1 � > !l Vl 'r1 lD M ti �Y r1 M M N 1 ti O O O M 1� W N vi In �/? O O =o O In cn �n O 1� rn M N O IN d M N m > Y o^ n h n P a �j Y V M C`1 2 y ' \ 1 C O O M O o0 N In C O V N J t� R — M Or R � _ •w�. 0 0 =0 0 In .. v r O m Y N O In O r1 N M_ In U 1p vi vi - 1p N r1 G ? 3. K 0^ In In vNi ILI i v t _. 0 0 000000 C � b _ h M ti Q Q Q ❑ 'Z T Z ',Z = z Z Z z 'z Z Z I h o = ? v � � m C O � O` O O � r� n p A QQQ Q Q Q Q Q Q QE — XI z •� � y y r '� W W d o0orn oo = = 00000 �, — v00000 > 10 vi l� h 7 O �O i0 t� M V l0 •� M W N 00 M Q � J dA a y y E U � m c c c ❑ c c m vro: v� MM � �oNOOm — M U � \ e a. 13 3 0 0 0 0 0 0 m ism U Z) :p) :D � i h U OV � In n vi I h N O O N <n O M, o In � _p N =0 N 00 N O P M W � � r •� � O O O� =O Q• M P M tb N W V - d M X o ' h v v v v H !a. W m C C c C G O v ILI r � d m •�' u �.�'"-� U U U U y ��1yyd�• Vj J O O y V r v v d y N .y ' >. .o i u u o > > o I o �ILI mom)c V y C tl Itz CI 6 Q ¢ v m n v a�i say. ` °' u `° — Q a — m is a 3 > v _ > � m U � � m U ❑ ❑ D C� V !Z) u C 3 Vl CG C C 9 F O av'i v y aLi v v p Q ILI 4 Y � r vv, v v -j avi m v a+ N M 14 O b O N O '� N b M m O O O M O `O O O P � N O � O m O N M M N P h ON ti V vPi N h a7 V P M go: a O P O i M T N uT O m vi a Q� p �D O r lO — C P N O Oi C P O O M r O O N P � Q ? V V e1 R V V W M V ~ Ni V Y N — W o uw a F C v v S o 0 0 o r o O cl M O M P M O O m O A O U a o e a e e e o 0 0 0 0 o a o a o ` rl N O O O O h N O h N ^ m m r O N, 1z; n h O O M IO N M O ¢ O y. ,�qG O bV➢ � C O 'z z 4 G E 3[ O Gy U] CJ Vi z o p d v vl y O i1 � M V BOARD AGENDA STAFF REPORT East Val I ey Meeting Date: January 24, 2012 OWater District Public Hearing: Discussion Item: o ' Consent Item: January 18, 2012 TO: GOVERNING BOARD MEMBERS FROM: GENERAL MANAGER/CEO SUBJECT: DISBURSEMENTS RECOMMENDATION: Approve the attached list of accounts payable checks and payroll issued. BACKGROUND/ANALYSIS: A listing of accounts payable checks and the total for payroll and benefits costs incurred are submitted to the Governing Board for review and approval with each board packet. The attached check register, and the total for payroll cited below, were disbursed during the period January 3, 2012 through January 17, 2012. Accounts payable checks for the period included check numbers 231130 through 231341 for a total of $1,336,968.14. The source of funds for this amount is as follows: Unrestricted Funds $995,171.54 Bond Financing $ State Financing $341,796.60 Payroll and benefit contributions paid for this period totaled$261,128.19. Total disbursed during the period January 3,2012 to January 17,2012 is $1,598,096.33. REVIEW BY OTHERS: This agenda item has been reviewed by the Chief Financial Officer and Accounting Supervisor. #SR0055 AGENDA DATE: JANUARY 24, 2012 SUBJECT: DISBURSEMENTS PAGE TWO FISCAL IMPACT $1,598,096.33 (budgeted expenditures) Respectfully submitted Recommended by: -0—� - John Mura, General anager/CEO Brian W. Tompki , Chief Financial Officer Attachments: List of Accounts Payable checks 40055 z U i W Q OD N N M Y E Q 0 4 K U G 3 O U N_ ❑ C O d U d ❑ L t U K d W LL d O` Z z d w U a ¢ w w m R ❑ = Q U _U co Y > p Y K W O d u O f Ow rwn O U m ¢ x o � w o m ° w w ¢ ❑ Z 4 U w Ir w I a s o z m p U = ¢ T u d E m O ❑ ¢ ¢ m c m Y O U n Z ¢ ❑CC w M U w W O o Z -6 ca O W o m ¢ of O y n K ¢ m m ¢ O O U a ❑ w 2 M Z ¢ ¢ m m m co Ul N U d ❑ « Z d N d x V fT d' T d d cc G N C co OO m n C C C 0 3 W r W O N O d O d O V N a Nod °o d o °' o °o 0 0 0 0 o T .T. o °w a a° o > o ❑ U p � a a n a ¢ a w p XX s m O o ¢ O Q ¢ m ¢ ¢ c' ¢ ¢ c ¢ -adi m Q ❑ m m a=ui a=ui m d d m m ro U a U w U U f- <n W U m O U In N N N N N N N N N N N N N N O O O O O O O O O O O O O O ENs{{ N N N N sN{ N N N N N N N N c ❑I O N O r O N O O.N O N O r r r O N O r r O N O n r O N O N O m m d-I 10 YO YO YO YO YO Y 0 0 0 YO O Y YO Y ❑ O YO YO Y �- U > U > U > U > U > U > U > >> > > U > > U > > U > U ¢ > U > U > U T N N a a � U 3 w o m 9 Y M N M m M O M N M N M N CM o N M rn m N M m N Q dy O1 p r y U N O N o N O N o N O N o N 0 0 0 N o o N o o N N o O N o N N i U o Y ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ O ❑ ❑ O O ❑ ❑ a N W W of o] OO (ON (O w OO O OO O O 4iN co OO r• r 00 r N ¢ E O] 0 0 Q Q 47 Q7 N N r• m) h O O O 0 0 0 0 r• r• 00 O O N " M M M 1� Q� M � O UJ N M N O lii LL) � O O O 46 6 Q Q N l0 O M O) W O O Q Q r O N W I M M M m (O W tz M M N N 8 E O 0 a a v C O U _m O O 'm0 m m m m V d d m F li v o O Z r V d w Q U a w d aR D < U ? 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BACKGROUND/ANALYSIS: During the past year, the East Valley Water District Governing Board has put a great deal of time and energy evaluating the organization. This effort has resulted in several recommendations to improve internal processes, and external coordination and outreach. One of the outcomes of that work included becoming more transparent, and accessible to the public that the District serves. The Governing Board has discussed the current board meeting time and days, and requested staff to review possible changes and the impacts that may result. The following information has been considered: • Time and conflicts with other public meetings in the region • Staff impacts • Employee access/interest in attending board meetings • Possible increase in public attendance/transparency Staff has assembled a schedule of the recurring public meetings that are regularly conducted in the region. That schedule is attached to this staff report for your review as Exhibit A. It appears that conducting future board meetings on the 2"d and 4'h Wednesday of the month at 5:30 P.M. would not cause any conflicts with other scheduled meetings. Approving the staff recommendation would require senior management staff to attend the board meetings beyond regular business hours. Holding the board meetings at 5:30 P.M would eliminate a long duration of time from when they would typically end work and the new meeting time. Some public agencies #0054 AGENDA DATE: JANUARY 24, 2012 SUBJECT: ESTABLISH GUIDELINES FOR SCHEDULING BOARD MEETINGS PAGE TWO conduct their meetings at 7:00 P.M. causing a larger impact on after-hours staff time. The Districts' management staff is compensated through an annual allotment of comprehensive leave time to make up for after-hours work obligations that are expected of their positions. Staff will monitor the impacts of this recommendation, and bring it to the Board's attention should it become a burden in the future. As requested, staff has conducted a brief survey to gauge employee interest in attending board meetings if they were held at a time outside of their work schedule. The survey results indicate that some staff members would be interested in attending selective board meetings and generally approve of making them more accessible. The District has held their board meetings on a variety of times and dates in the past. A list of previous meeting times is attached for your review as Exhibit B. It has been accurately stated that there has been a lack of public participation in the past and evening meeting times have not had a positive impact on that goal historically. However, there is a renewed interest in governing bodies at all levels. The voting public expects public agencies to make every effort to encourage public input and increase transparency. Conducting the board meetings at 5:30 P.M. would provide a greater opportunity for the public to attend. If the recommendation change in board meeting time and date is approved, staff will provide the Board a report detailing the impacts of this change six months after execution. At that time, the Board will be presented a staff report to consider extending or reversing the proposed changes. REVIEW BY OTHERS: This agenda item has been reviewed by the Districts' Legal Council FISCAL IMPACT: No fiscal impact associated with this agenda item. Recommended by: — 4L 444 John J. Mura, General anagcdCEO Attachments: Exhibit A Exhibit B Ordinance No. 382 #0054 Exhibit A Regularly Scheduled Community Meetings Basin Technical Advisory Committee - 1St Monday of the month at 1:30 pm Conservation District - 2nd Wednesday of the month at 1:30 pm City of Highland - 2nd and 4th Tuesday of the month at 6 pm City of San Bernardino - Council Meetings - 1st and 3rd Monday of the month at 3 pm Civil Service Board - 2nd and 4th Tuesday of the month at 9 am Planning Commission - 4th Wednesday of the month at 6 pm SBVMWD - 1st and 3rd Tuesday of the month at 2:30 pm San Bernardino Chamber - 4th Thursday of the month at 5 pm (Feb - Oct) 3rd Thursday of the month at 5 pm (November) Highland Chamber - 4th Tuesday of the month at 11:30 am Exhibit B Previous date and times of Board of Director Meetings 2000- 2nd & 41h Monday at 5:30 pm 2001 - 2nd & 4th Tuesday at 2:00 pm 2004- 2nd & 4th Tuesday at 2:30 pm 2005 - 2nd & 41h Tuesday at 2:00 pm 2007 - 2nd & 41h Tuesday at 8:30 am 2008 - 2nd & 4th Tuesday at 3:00 pm ORDINANCE NO. 382 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ESTABLISHING GUIDELINES FOR THE CONDUCT OF ITS PUBLIC MEETINGS AND ACTIVITIES WHEREAS, the Board of Directors of the East Valley Water District finds as follows: A. The East Valley Water District("the District")is a county water district organized and operating pursuant to California Water Code Section 30000 et seq. B. The District is governed by an elected Board of Directors ("the Board") whose meetings are subject to the requirements of the Ralph M. Brown Act, California Government Code Section 54950 et seq. ("the Brown Act"). C. The Board is authorized by Government Code Section 54953.7 to impose requirements upon itself which allow greater access to its meetings than prescribed by the Brown Act. D. The purpose of this ordinance is to ensure that the Board's deliberations are open to the public to the fullest extent permitted by law and its activities are performed in a manner that reflect a dedication to the highest standards of integrity and accountability so as to continue to earn the trust and confidence of the public served by the District. THEREFORE, THE BOARD OF DIRECTORS of the East Valley Water District does hereby adopt and ordain as follows: Section 1. PUBLIC ACTIVITIES. To the extent not otherwise inconsistent with applicable law or any existing or future ordinances, resolutions, rules, regulations, or particular practices of the District, the Board hereby adopts as a matter of general policy the Board Norms and Procedures attached hereto as Exhibit"A" 1 i and incorporated herein by this reference. All amendments to such Board Norms and Procedures as may be approved by the Board in the future are also hereby automatically incorporated herein by this reference as of the time that such amendments are duly adopted by the Board. Section 2. PUBLIC MEETINGS. 2.1. Statutory Requirements. All meetings of the Board and all committees thereof shall be conducted in compliance with all applicable requirements of the Brown Act. 2.2. Additional Requirements. 2.2.1. Regular Meetinss. Pursuant to Government Code Section 54954(a), all regular meetings of the Board shall be held at 5:30 p.m, on the second and fourth Wednesdays of each month at the District offices located at 3694 Highland Avenue, Suite 430,Highland,California. 2.2.2. Special Meetings. Special meetings of the Board shall be called and conducted in accordance with Government Code Section 54956. The Board shall not add any non- agendized item to the agenda of a special meeting. Further, no agenda for a special meeting shall provide an opportunity for the Board to consider the possible addition of any non-agendized item to the agenda. 2.2.3. Agendas. The agendas of all Board meetings and all committee meetings that are open to the public shall be posted in the following locations: (1) an exterior bulletin board located outside the District headquarters which is accessible twenty-four(24)hours a day;(2)on-line at the District's website known as"eastvalley.org"; and(3) an interior bulletin board located in the lobby of the District headquarters. Section 3. REVIEW OF ORDINANCE. At times deemed appropriate by the Board, the Board shall review this ordinance to determine its effectiveness and the necessity for its continued operation. The District's General 2 Manager shall report to the Board on the operation of this ordinance, and make any recommendations deemed appropriate, including proposals to amend the ordinance. Upon conclusion of its review, the Board may take any action it deems appropriate concerning this ordinance. Section 4. SEVERABILITY. if any provision of this ordinance,or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application,and to this end the provisions of this ordinance are declared to be severable. Section 5. EFFECTIVE DATE. The provisions of this ordinance shall supersede Ordinance No. 380 adopted by the Board on April 12, 2011, and shall take effect immediately upon adoption. Adopted this 10"' day of January, 2012. ROLL CALL Ayes: Noes: Abstain: Absent: Matt Le Vesque President, Board of Directors ATTEST: Secretary, Board of Directors 3 M BOARD NORMS AND PROCEDURES GENERAL 1. To take courageous action when necessary to keep the EVWD a progressive,well managed, innovative District. 2. Board of Directors provides leadership and participates in regional, state and national programs and meetings. g. Board of Directors looks to Constituents and other elected officials for independent advice. 4. Other community leaders are consulted in the decision- making process when appropriate. 5. There can be extensive citizen participation and work on District programs. 6. There are numerous meetings, other than regular Board of Directors meetings. 7. We stress training for staff and Board of Directors. 8. Board of Directors will inform the General Manager's Administrative Manager when they will be out of town as early as possible. 9. Board of Directors get the same information as much as possible: citizen complaints, letters, background, etc., in a timely manner. 1o.Board of Directors members will each determine specific routine information they want to receive such as Committee or City Agendas. 11. Return unwanted reports and documents to staff for distributing to the public or for recycling. 12.The Board of Directors may ask General Manager or designee for information, providing such information requests can be reasonably accommodated without significant interruption in staff work load. The General Manager shall not be required to copy all Board Members with information obtained by other Board Members. EVWD— Board of Directors Norms and Procedures 13.All project assignments requested by Board Members shall be directed through the General Manager. The General Manager may place project items on the agenda if the project requires Board policy direction or approval to be implemented. 14.Items of significant expenditure of time/energy or financial impact must go to Board of Directors/General Manager to be agendized. 15.The General Manager receives formal work direction from the Board of Directors at public meetings or in closed session. Individual Board Members may not delegate formal work direction to the General Manager without approval by the rest of the Board of Directors. 16.The General Manager or Board President can request an item be placed on the agenda. 17.Read Committee Minutes in order to find out what is being worked on. 18.General Manager will discuss significant future Agenda topics with Board Members. 19.General Manager will meet regularly with Board President on Agenda preparation. 2o.Board of Directors (minority side on vote) can not bring item back for one year; majority can bring it back at will. 21.Board Members will do their homework (i.e., Read packets, complete committee work, etc.). 22.General Manager to give routine updates to Board of Directors. BOARD OF DIRECTORS'VALUES 23.The Board of Directors and General Manager are a participatory team. 24.Board of Directors values high energy, open mindedness, and is achievement- oriented. 25.Board of Directors will care and have respect for each other. 26.Board of Directors will be straightforward, with no hidden agendas. 27.District Board of Directors values humor. 28.Traditions are respected. 29.No member of the Board of Directors shall use his or her position of public service with the District as a means to benefit his or her personal or private interests. BOARD OF DIRECTORS INTERACTION AND COMMUNICATION 2of8 EVWD— Board of Directors Norms and Procedures 30.Individuals are responsible to initiate resolution of problems A.S.A.P. and not let them fester. 31.Board of Directors will not direct personal attacks at each other during public meetings, in the press, or any other place/time. 32.Relationships are informal, but not casual in public. Business attire at Board meetings is appropriate. 33.Board of Directors will be cooperative in covering for each other. 34•Substantive Board of Directors/General Manager items are to receive advance notice and public notification. 35•Committee areas belong to the whole Board; they are not seen as territorial. 36.Committees are responsible to keep the rest of the Board Members informed; and other members are responsible for letting the Committee know if they want more information or to give input. 37.Before Elected officials start moving in a new direction, they will get direction from the rest of the Board Members. 38.The Board President forms Committees or disbands and is responsible for selection. 39-Committee reports will be made under Board Reports, when appropriate. 40.Committee summaries will be sent on an interim basis to update other Board members on: • Issues being discussed • Options being considered • Progress 41.Board of Directors and Committees will give clear and focused communication promptly. 42.If Committee and Staff disagree, it is the practice to bring the issue to full Board of Directors. BOARD INTERACTION AND COMMUNICATION WITH STAFF General Manager 43.Board of Directors will provide annual goals to provide direction to the General Manager at the time of the annual evaluation. 44•Board Members should always feel free to go to the General Manager and vice versa. 3of8 EVWD— Board of Directors Norms and Procedures 45•When a Board Member is unhappy about a department or issues, he/she should always talk it over with the General Manager not the Department Head or other Board members. 46.Concerns about a Department Head must be taken to the General Manager or Board Attorney only. 47-Critical information will be passed to all Board Members by appropriate personnel. 48.The General Manager will provide ongoing feedback, information, and perceptions to the Board of Directors, including some response to written communications requesting feedback. 49•The General Manager deals with issues that cross department boundaries. 5o.Board of Directors will provide the General Manager with a written evaluation annually and provide some General Manager goals. Staff in General 51.Board of Directors will always be informed by staff when an unusual event occurs that the public would be concerned about, i.e., Health Department notice, big Water breaks, etc. in a timely manner (if press or media is involved). 52.Extreme emergencies (i.e., fatalities) are immediately communicated to Board Members by General Manager or staff. 53•The Board of Directors and staff will not blind side each other in public. Consideration for each other is our practice. 54• If a Board Member has a question on an agenda item, that member will make every effort to contact the General Manager or designee prior to the meeting. Board Attorney 55.Board Attorney shall partner with Board of Directors, General Manager and Staff when and where appropriate. 56.Board Attorney goes through the General Manager on routine areas. 57.Board Attorney to regularly consult with Board Members on items of concern on the upcoming agenda at the earliest time possible. 58.Board Attorney can consult directly with General Manager as needed. 59.Board Attorney will track Committee's actions, and relevant agendas of Board of Directors for needed input. 60.Board Attorney must oversee specialist attorneys; they are paid through the General Manager. 4of8 FVWD— Board of Directors Norms and Procedures 61.Board Attorney to pro-actively inform and protect the Board of Directors from potential violations and conflicts. CHAIR SELECTION 62.The Board President's succession is governed by the Board practices. 63.The Board President is selected by the Board of Directors. The Board President remains as one member of the Board and has no rights or authority different from any member of the Board. 64.In the event of an early vacancy in the position of Board President, the Vice President shall become Board President for the remaining portion of the outgoing Board President's term as Board President. CHAIR'S ROLE. 65.Each Board President is unique; the role is defined by the person, based on that person's style. 66.The Board President acts as the ceremonial head or representative of the District at various civic affairs. 67.The Board President is the spokesperson for the Board of Directors when appropriate media or external organization requests are made. 68.The Board President acts as signatory to all documents requiring Board's execution. 69.The Board President makes appointments to Ad Hoc and special advisory Committees. 70.The Board President makes declarations, extends official recognition of groups or events. 71.The Board President will inform the Board of any informal correspondence sent out to anyone in relation to District business. 72.The Board President regularly communicates with the General Manager. CITIZEN COMPLAINTS 73.Board of Directors will be informed of significant, urgent and repetitive complaints. 74.Staffwill draft responses (letters). 75.Board of Directors shall not attempt to fix Citizens' problems on their own; it will be referred to the General Manager. 76.Responses to Citizens are customized. 5 of 8 EVWD- Board of Directors Alarms and Procedures 77.Copies of responses to be included in individual packets or in Board Member's mail box. 78.If a Board Member wants action based on citizen complaint, they should go through the General Manager's office. 79.The level of detail in written responses will be selective. 80.Generally, communications are acknowledged with discretion. PUBLIC MEETINGS 81.General Manager sets the Agenda for regular Board of Directors meetings. 82.Public comment shall be received on all action items. 83.Board of Directors members will treat everyone with courtesy. 84.Corrections to minutes are passed to the Board Secretary as soon as possible. 85.Each member may share his/her views about the issue and the reasons for his/her vote. Consent Calendar 86.There is judicious use of the Consent Calendar, such as minutes, routine District business, some appeals, things already approved in the budget. 87.If a Board Member has a question on a Consent Calendar item for their information only, they are to ask staff ahead of time, rather than having it pulled off for discussion during the meeting. 88.Staff is prepared to report on every agenda item. Public Input on Individual AZ�enda Items 89.Once public input is closed, further public input will not be allowed unless re- opened by Board President. 9o.Citizen's, Board President's and invited guests' comments will be limited to a reasonable time. g .Board President will allow other Board Members to speak first and then give his/her views and summarizes. Public Comment Section of the Agenda 92.Public comments shall be limited to 3 minutes per speaker. 93.Each speaker will be thanked. 6of8 fVWD— Board of Directors Norms and Procedures 94•Generally, Board Members will not respond to Public Comments except for the Board President referring matters to the General Manager for follow up. Occasionally, a quick informational response is appropriate when an obvious answer is available. The Board of Directors will not debate or make decisions in response to public comments as they are not agenda matters under consideration. Voting 95•Everyone may speak before a motion. 96.Attempts will be made to get consensus on significant policy issues. 97.There will be roll call votes on request when a divided Board is obvious. 98.Department heads will generally attend when asked by the General Manager. 99.Board of Directors member discussions will not be redundant if they concur with what has already been said. Closed Session ioo.Closed Session materials and conversations are confidential; Board Members may retain Closed Session paper documents for analysis; documents must be destroyed when no longer needed/used. Board Members will get written reports for Closed Session items as much as possible; these reports are to be turned in at the end of the meeting. io1.General Manager may ask for Closed Sessions to be held at the convenience of the Board. 1o2.No violation of Closed Session confidentiality; Board Members will not talk to affected / opposing parties or anyone else (press, etc.) per the Brown Act at specific Closed Session meetings. 103.Confidentiality relates to any non-public discussion items. Special Meetings 104.Special meetings may be called by Board President pursuant to the Brown Act. COMMITTEES AND BOARDS 105.Problem solving issues with Committees will be done as much as possible with Chairs. io6.All Committees of Board of Directors should know Board's needs: • To know Board's vision/mission. • Encouraged to participate in Board-sponsored events. • Understanding of their roles/authority/"no-no's." 7of8 EVWD- Board of Directors Norms and Procedures • To know annual priorities/goals. • Process/parameters within which to work, i.e., citizen involvement. • Board of Directors reserves the right to make its own decisions. 107.Board President and Vice President are encouraged to receive annual support training. io8.All Board Members will receive annual training. These Board Norms will be reviewed on an annual basis. Approved: July 27, 2010 Approved July 27th, 2010 8 of 8