HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 03/09/2016REGULAR BOARD MEETING
Closed Session Begins at 4:30 PM
March 9, 2016 - 5:30 PM
31111 Greenspot Road, Highland, CA 92346
AGENDA
"In order to comply with legal requirements for posting of agenda, only those items filed
with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday
meeting not requiring departmental investigation, will be considered by the Board of
Directors".
CALL TO ORDER
ROLL CALL OF BOARD MEMBERS
PUBLIC COMMENTS
Any person wishing to speak to the Board of Directors is asked to complete a Speaker
Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is
limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State
of California Brown Act, the Board of Directors is prohibited from discussing or taking
action on any item not listed on the posted agenda. The matter will automatically be
referred to staff for an appropriate response or action and may appear on the agenda at a
future meeting.
AGENDA - This agenda contains a brief general description of each item to be
considered. Except as otherwise provided by law, no action shall be taken on any item not
appearing on the following agenda unless the Board of Directors makes a determination
that an emergency exists or that a need to take immediate action on the item came to the
attention of the District subsequent to the posting of the agenda.
1.Approval of Agenda
RECESS INTO CLOSED SESSION
CLOSED SESSION
2.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Carl F. Kovach v. East Valley Water District, et al., CASE No.
CIVDS 1603177
3.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Carl F. Kovach v. East Valley Water District, CASE No. CIVDS
1603176
5:30 PM RECONVENE MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL OF BOARD MEMBERS
ANNOUNCEMENT OF CLOSED SESSION ACTIONS ITEMS
PUBLIC COMMENTS
4.APPROVAL OF 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.Approve the February 10, 2016 regular board meeting minutes
b.Directors' fees and expenses for February 2016
c.Notice of Completion
OLD BUSINESS
5.Conservation Commission Policy
6.Drought Update
REPORTS
7.Board of Directors' Reports
8.General Manager/CEO Report
9.Legal Counsel Report
10.Board of Directors' Comments
ADJOURN
P LEASE NOT E:
Materials related to an item on this agenda s ub mitted to the Board after dis trib utio n of the agenda pac ket
are available for p ublic inspec tio n in the Dis tric t's offic e loc ated at 31111 G reens pot Rd., Highland , during
no rmal bus iness ho urs. Als o, s uc h d o c uments are availab le o n the District's web s ite at www.eas tvalley.o rg
sub ject to s taff's ab ility to post the d o cuments b efo re the meeting.
P ursuant to Go vernment Co d e S ectio n 54954.2(a), any reques t fo r a dis ability-related modific ation or
ac commod ation, inc luding auxiliary aids or s ervic es , that is s ought in order to participate in the abo ve-
agendized p ublic meeting sho uld b e direc ted to the Dis tric t Clerk at (909) 885-4900 at leas t 72 hours prior
to said meeting.
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Pending Approval
EAST VALLEY WATER DISTRICT February 10, 2016
REGULAR BOARD MEETING
MINUTES
The Chairman of the Board called the meeting to order at 4:30 p.m.
PRESENT: Directors: Carrillo, Coats, Morales,Shelton, Smith
ABSENT: None
STAFF: Jose Martinez, Assistant General Manager; Brian Tompkins, Chief
Financial Officer; Justine Hendricksen, District Clerk; Shayla
Gerber, Administrative Assistant
LEGAL COUNSEL: Jean Cihigoyenetche
GUEST(s): Members of the public
PUBLIC COMMENTS
Chairman Coats declared the public participation section of the meeting open at 4 :31
pm.
There being no written or verbal comments, the public participation section was closed.
APPROVAL OF AGENDA
M/S/C (Shelton-Smith) that the February 10, 2016 agenda be approved as
submitted.
CLOSED SESSION
The Board entered into Closed Session at 4:31 p.m. as provided in the Ralph M. Brown
Act Government Code Sections 54956.9(d)(2) to discuss the item listed on the agenda.
THE BOARD RECONVENED THE MEETING AT 5:30 P.M.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
With respect to Item #2: The Board voted unanimously (5-0) to reject the claim for
damages submitted by Mr. Carl Kovach on or about January 28, 2016 due to the lack of
timeliness.
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Mr. Kambrell Camper led the flag salute.
ROLL CALL
PRESENT: Directors: Carrillo, Coats, Morales,Shelton, Smith
ABSENT: None
PRESENTATION AND CEREMONIAL ITEMS
• INTRODUCTION OF JEREMY SUBRIAR, FIELD SERVICE WORKER I
• INTRODUCTION OF KAMBRELL CAMPER, METER READER I
The Assistant General Manager introduced Jeremy Subriar and Kambrell Kamper, the
District’s recently hired employees to the Board.
PUBLIC COMMENTS
Chairman Coats declared the public participation section of the meeting open at 5 :40
pm.
There being no written or verbal comments, the public participation section was closed.
APPROVE THE DECEMBER 9, 2016 REGULAR BOARD MEETING MINUTES
M/S/C (Carrillo-Shelton) that the Board approve the December 9, 2016 regular
board meeting minutes as submitted.
DIRECTORS’ FEES AND EXPENSES FOR JANUARY 2016
M/S/C (Carrillo-Shelton) that the Board approve the Directors’ fees and expenses
for January 2016 as submitted.
DISTRICT SUCCESSION PLANNING UPDATE
The Human Resources/Risk and Safety Manager provided a detailed update to the
District’s Succession Planning including: retirement eligibility, District preparation
efforts for change through annual employee engagement surveys, improved
communication between supervisors and staff, and competitive salary and benefits. She
reviewed current employee training and development programs: Leadership Action
Academy, employee mentoring program and a cross-training program. She stated that
the final succession plan would be presented to the Board in March 2016 and would be
updated every two years.
Information only.
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El NIÑO UPDATE
The Assistant General Manager provided an El Niño update including the District’s
preparation efforts by assessing resources and centralizing emergency supplies; that
the reverse 911 emergency notification system is still in the testing stages. He informed
the Board that the District received approximately two inches of rain since the last El
Niño update and it is still possible that an El Niño event can occur; that January through
March are historically rainy seasons.
Information only.
WATER QUALITY UPDATE
The Assistant General Manager provided a review of East Valley Water District’s water
supply sources and the water quality dynamics that are taken to ensure safe drinking
water. He identified sampling stations and stated that the District performs 3,200 water
samples yearly; that strategic flushing of the system is necessary to rid the water system
of harmful bacterial growth. He also reviewed the District’s water emergency response
plan. He stated that the District provides customers with a Consumer Confidence Report
annually which provides water sampling reports and explanations, and District projects
and programs.
Information only.
BOARD OF DIRECTORS’ REPORTS
Director Morales reported on the following: he attended the legislative meeting of East
Valley Association of Realtors on February 5th where they discussed their support for the
Sterling Natural Resource Center; on February 8th he met with the Association of
California Water Agencies Region 9 at East Valley Water District Headquarters. He stated
that Region 9 will be hosting a session at the Association of California Water Agencies
upcoming conference in May.
Director Shelton reported on the following: on February 5th she attended a presentation
by the City of Highland Police/Sheriff Department: If You Find Yourself in a Terrorist
Attack: Run, Hide, Fight; on February 9th she attended the San Bernardino Valley Water
Conservation District’s monthly meeting where finances were discussed.
Director Carrillo reported on the following: that he met with the General Manager/CEO,
Chairman Coats and the Assistant General Manager to review the agenda; he attended
an orientation webinar for ACWA’s Legal Affairs Committee.
Chairman Coats reported on the following: on January 29th he attended the Recycled
Water Ad-Hoc Committee meeting to discuss the Sterling Natural Resource Center; on
February 2nd he attended Valley District’s board meeting where they approved the initial
study and Mitigated Negative Declaration and Notice of Determination for the City Creek
Turnout and Pipeline Project.
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Information Only.
GENERAL MANAGER/CEO REPORT
The Assistant General Manager reported on the following: the District hosted a field trip
for a third grade class from Belvedere Elementary School on February 3rd; that the
General Manager/CEO will be presenting a community conversation to Valencia Lee
Mobile Home Park on February 18th; that three out of five Conservation Commission
candidates have been interviewed and once interviews have been completed, staff will
bring recommendations to the Board.
The Chief Financial Officer reviewed the 2016/2017 budget calendar, informed the
Board of important due dates pertaining to the upcoming budget and proposed dates
special board meetings dates.
Information only.
LEGAL COUNSEL REPORT
Nothing to report at this time.
BOARD OF DIRECTORS’ COMMENTS
Director Morales thanked staff for setting up ACWA’s Region 9 meeting and for the
presentations this evening.
Director Smith thanked the Board and staff for all that they do and accommodating him
and his scheduling needs.
Chairman Coats stated he worked with Vice Chairman Carrillo on the General
Manager/CEO’s goals and objectives and the vast majority of goals are long range; that
he had his first discussion with the General Manager/CEO regarding his performance
appraisal and the Board will enlist the help of Mr. Bill Kelly, President/CEO of Kelly
Associates Management Group, to work one on one with each board member over the
next several weeks; and in an effort to continue improvement on all aspects of East
Valley Water District, each board member will undergo a review as well.
Information only.
ADJOURN
The meeting adjourned at 6:33 p.m.
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_________________________
Ronald L. Coat, Chairman
__________________________
John J. Mura, Secretary
BOARD AGENDA STAFF REPORT
Agend a Item #4.b .
Meeting Date: Marc h 9, 2016
Cons ent Item
To: G o verning Board Memb ers
From: G eneral Manager/CEO
Subject: Direc tors ' fees and exp enses for February 2016
RECOMMENDATION:
Approve the Governing Bo ard Members’ fees and expens es for February 2016.
BACKGROUND / ANALYSIS:
The Bo ard has ins truc ted s taff to lis t all direc to r fees and expens es as a sep arate agend a item to sho w full fis c al
trans p arenc y. Only after Bo ard review and approval will the compens ation and expens es be p aid .
AGENCY IDEALS AND ENDEAVORS:
Id eals and End eavor II - Maintain An Environment Committed To Elevated P ublic S ervic e
(E) – Practice trans parent & acc o untable fis c al management
REVIEW BY OTHERS:
This agend a items has b een reviewed by the Adminis tratio n d ep artment.
FISCAL IMPACT :
The fis cal impac t as s o ciated with this agenda item is $6,204.96 whic h is inc luded in the c urrent fis cal b udget.
Res p ectfully s ubmitted:
Rec o mmended b y:
Jo hn Mura
General Manager / C EO
Jus tine Hendric ksen
District Clerk
ATTACHMENTS:
Description Type
Directors' Fee s and Expenses February 2016 Backup Material
BOARD AGENDA STAFF REPORT
Agenda Item #4.c .
Meeting Date: Marc h 9, 2016
Cons ent Item
To: G o verning Board Memb ers
From: G eneral Manager/CEO
Subject: Notic e o f Co mp letion
RECOMMENDATION:
Staff recommend s that the Board of Direc tors adopt Resolution 2016.06 and acc ep t the No tic e o f Co mpletio n
with TBU, Inc . fo r the cons tructio n o f the Sewer Capac ity Improvement Projec ts .
BACKGROUND / ANALYSIS:
On June 24, 2015 the Bo ard of Direc to rs autho rized the General Manager to enter into an agreement for
cons tructio n of the Sewer Capac ity Imp ro vement P ro jects with TBU, Inc . The Sewer Capac ity Improvement
Projec ts c ons is ted of two s ewer b y-pas s projec ts to alleviate b o ttlenec ks in the s ewer c o llectio n s ystem whic h
affected the District’s ability to p ro vide s ewer collec tion service to new develo pments . The firs t projec t
inc luded ins talling 900 LF o f 12-inc h parallel sewer line under old Greens p ot Ro ad b etween Churc h S treet and
Club View Drive, in the City o f Highland . The s ec ond projec t includ ed installing 4,300 LF o f 15-inc h s ewer line
fro m the inters ection of Little T hird Street and Palm Lane, alo ng Little T hird Street to Whitlo ck Avenue, and
then no rth on Whitloc k Avenue to 6th S treet, all within the C o unty of San Bernardino . T he co mp letion of thes e
p ro jects will alleviate capac ity d eficiencies id entified in the 2013 Was tewater C o llec tio n Sys tem Master Plan.
TBU, Inc. has c ompleted all cons tructio n and fulfilled all o f the req uirements of the Agreement.
AGENCY IDEALS AND ENDEAVORS:
Id eals and End eavor I - Encourage Inno vative Inves tments To P ro mo te Sus tainable Benefits
(A) – Develop projec ts and p ro grams to ens ure s afe and reliable s ervic es
(B) – Dedic ate effort to ward s ystem maintenanc e and mo d ernizatio n
REVIEW BY OTHERS:
This agend a item has b een reviewed by the Engineering Department and Financ e Dep artment.
FISCAL IMPACT :
There is no fis c al imp act for the c lo s ure o f this projec t.
Res p ectfully s ubmitted:
Rec o mmended b y:
Jo hn Mura
General Manager / C EO
Eliseo Ocho a
Assoc iate Engineer
ATTACHMENTS:
Description Type
Notice of Comple tion Backup Material
Resolution 201 6.0 6 Resolution Letter
RECORDING REQUESTED BY ]
Martha Duran ]
AND WHEN RECORDED MAIL TO ]
]
]
Name East Valley Water District ]
Street PO Box 3427 ]
Address San Bernardino, CA 92413 ]
Attn: Engineering Department ]
City & SWR-3153 ]
State ]
FEE EXEMPT PURSUANT TO GOVERNMENT CODE
SECTION 6103
____________________________________________________________________________________________________
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete
requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property
hereinafter described:
2. The full name of the owner is East Valley Water District
3. The full address of the owner is 31111 Greenspot Road, Highland CA 92346 San Bernardino County
4. The nature of the interest or estate of the owner is, in fee.
None
(If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase, “or lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants
in common are:
NAME ADDRESS
East Valley Water District 31111 Greenspot Road, Highland CA 92346
6. A work of improvement on the property hereinafter described was completed on December 23, 2015.The work done
was: Construction consisted of two sewer by-pass projects to alleviate bottlenecks in the sewer collection system this
included installing 900 LF of 12 inch parallel sewer on Old Greenspot Rd. between Church St. and Club View Dr., second
project included installing 4,300 LF of 15-inch sewer pipe in little Third St. and Whitlock Ave. from Palm Ln to 6th St.
7. The name of the contractor, if any, for such work of improvement was_________________________________________
TBU, Inc. 07/28/2015
(If no contractor for work of improvement as a whole, insert “none” (Date of Contract)
8. The property on which said work of improvement was completed is in the City of Highland and County of San Bernardino
in the County of San Bernardino , State of California, and is described as follows:
Parcel Map 2345, Tract 2758 & 2522 and Parcel Map 19559 per APN # 0279-054-21/32 & 0279-093-08/11, in the
Recorders Office of said County.
9. The street address of said property is “None”
(If no street address has been difficulty assigned, insert, “none”.)
Date: March 09, 2016
Verification for Individual Owner
________________________________________________________________
Signature of owner or corporate officer of owner named in paragraph 2 or his agent
Ronald L. Coats, Board President
East Valley Water District
VERIFICATION
I, the undersigned, say: I am the Board Secretary the declarant of the foregoing
(“President of “, “Manager of”, “A partner of”, “Owner of”. Etc.)
notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 09, , 2016 , at Highland , California.
(Date of signature.) (City, where signed.)
________________________________________________________________
(Personal signature of the individual who is swearing that the contents of the
notice of completion are true.)
John Mura, Board Secretary
East Valley Water District
RESOLUTION 2016.06
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT
ACCEPTING NOTICE OF COMPLETION
TBU, Inc.
BE IT HEREBY RESOLVED, by the Board of Directors of the East Valley Water
District, as follows:
WHEREAS, based upon the certificate of completion executed by the District for
the construction of two sewer by-pass mains that included installation of 5,200 LF of
pipeline. With all appurtenances associated with site project, in the City of Highland and
San Bernardino County, has been dedicated to East Valley Water District by TBU, Inc.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby
determine that said contract is completed and the President and Secretary are hereby
authorized to execute a Notice of Completion on behalf of the District, and the Secretary
is hereby authorized and directed to record said Notice of Completion in the office of the
County Recorder, 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
March 09, 2016.
Ayes:
Noes:
Absent:
EAST VALLEY WATER DISTRICT
__________________________
Ronald L. Coats
Board President
Attest: __________________________
John J. Mura,
Board Secretary
S3153dm
03/09/2016
BOARD AGENDA STAFF REPORT
Agenda Item #5.
Meeting Date: Marc h 9, 2016
Cons ent Item
To: G o verning Board Memb ers
From: G eneral Manager/CEO
Subject: Cons ervatio n Commission Po lic y
RECOMMENDATION:
Approve the amended Cons ervation Co mmis s ion P o licy, ad o p t R es o lutio n 2016.07 rep lac ing Reso lutio n
2015.19, and ap p ro ve the five rec o mmended C o ns ervation Co mmis s io ners .
BACKGROUND / ANALYSIS:
The c urrent d ro ught c o nditio ns resulted in mandato ry water c ons ervatio n restric tions , and as of June 1, 2015,
East Valley Water Dis tric t (District) was mandated by the State to red uc e water us age b y 28% c o mp ared to
2013. As p art o f the respo ns e effort, the Dis tric t ac tivated a S tage 2 Threatened Water Sup p ly Sho rtage within
Ord inance 395 on May 27, 2015. T his ac tivatio n triggered a number of temp orary watering res tric tio n
cons is tent with the req uirements set forth by the State. Beyond the ac tivation of the water emergency, the
District has go ne to great lengths to s erve as a res o urc e fo r the community by inc reas ing the available
cons ervatio n rebates , p ublic outreac h, and ed uc ational opportunities.
One req uirement of the s tatewide emergenc y, is that water d is tric ts issue vio lations to c ustomers found to be
o ut of c o mp lianc e with the emergenc y regulations and rep o rt this numb er once a mo nth. In o rder to be
cons is tent with the Dis trict’s effo rts to encourage positive interac tio ns , the Board of Directo rs went above and
b eyond the minimum enfo rcement req uirements, to estab lis h a p ro cess that maintained o p en lines of
communic atio n. T he Co nservation Commis s io n was o riginally estab lis hed to provid e an opportunity for
res id ents to ap p eal water sup p ly s hortage vio lations and make recommend ations on their enfo rc ement to the
Bo ard o f Direc tors. Staff is s ued a c all fo r volunteers to s erve on this c ommittee, and ultimately interviewed five
(5) res id ents . The c o mmittee was originally estab lis hed to c o nsist of three Dis tric t res idents ap p o inted for two-
year terms . However, bas ed o n the level o f interes t and q uality c andidates , s taff is rec o mmending that all five of
the cand id ates be allowed to serve o n the c o mmittee. This would res ult in a modific atio n of the original
s tructure to allow up to five (5) c o mmunity memb ers permitted to s it o n the c ommis s ion.
The gro up will b e req uired to p artic ip ate in an orientatio n proc es s o ver the next q uarter to ens ure that they have
a s trong foundatio nal unders tand of the District, its o p eration, the drought emergenc y, and functio n of the
commission. On a mo nthly bas is , the commission will hear the appeal req ues ts from watering violatio n
recipients and make recommendatio n o n their enfo rcement to the Board of Directo rs . This c ommis s ion s hall
o nly remain in plac e s o lo ng as the Dis tric t remains in a Dro ught S tate o f Emergenc y, or if there is a need to
ad d res s on-go ing c o nservation efforts and p o tential new restrictions mand ated b y the State and
recommend atio ns b y the Board.
The five reco mmended Co nservation Commis s io ners meet all o f the req uirements s et forth in the p o licy, have
b een interviewed b y Dis trict staff, and inc lud e:
1. Ed ward Amaya
2. Benjamin Gamboa
3. Phillip Goodric h
4. Jeran Jaurigue
5. Dr. Pamela Miller
The imp lementation of the Co ns ervatio n Co mmis s ion will allo w for a new level o f interac tion and a fo rum to
ensure that c onc erns of o ur community are ad d res s ed during the d ro ught emergency.
AGENCY IDEALS AND ENDEAVORS:
Id eals and End eavor I - Encourage Inno vative Inves tments To P ro mo te Sus tainable Benefits
(B) - Manage and id entify metho d s to c o nserve natural res o urc es
Id eals and End eavor II - Maintain An Environment Committed To Elevated P ublic S ervic e
(A) - Strive to p ro vide world class cus tomer relatio ns
(B) - Promote a pos itive o rganizational c ulture
Id eals and End eavor III - Demons trate Visionary Lead ers hip To Enhance Dis tric t Id entity
(A) - Pro mo te c o mmunity involvement and ed uc ational opportunities
Id eals and End eavor IV - F ully Understand C hallenges To Cultivate Effec tive Solutions
(D) - Emb race an environment of active learning and knowled ge s haring
REVIEW BY OTHERS:
This agend a item has b een reviewed by the Dis tric t’s Legal Co uns el.
FISCAL IMPACT :
There is no fis c al imp act assoc iated with this agend a item.
Res p ectfully s ubmitted:
Rec o mmended b y:
Jo hn Mura
General Manager / C EO
Jose Martinez
Assistant General Manager
ATTACHMENTS:
Description Type
Conservation Co mmission Policy Backup Material
Resolution 201 6.0 7 Resolution Letter
EAST VALLEY WATER DISTRICT
Administrative Policies & Programs
Policy Title: Conservation Commission Policy
Approval Date:
August 26, 2015
Policy No:8.1
Page 1 of 4
Purpose
The purpose of this policy is to establish guidelines and instructions for establishing a
Conservation Commission authorized to hear appeal requests for water supply shortage
violations and make recommendations on their enforcement to the Board of Directors.
This Commission shall only remain in place so long as the District remains in a Drought
State of Emergency.
Definitions
A. For the purpose of this policy, the following definitions shall apply:
1. District: East Valley Water District
2. Board: A member of the East Valley Water District Board of Directors
3. Commission: The Conservation Commission
4. Applicant: Customer or property owner appealing a penalty levied pursuant to
the Water Supply Contingency Plan
Policy
A. Applicants shall have a right to a hearing, in the first instance by the General
Manager, with the right of appeal to the Commission, and ultimately to the Board,
pursuant to the procedures hereinafter set forth:
a. Any Applicant who has received a notice of violation may file a written
request for an appeal hearing to the General Manager of the District. The
request for hearing shall be filed with the District Clerk within fifteen (15)
days of the issuance of the notice of violation. The request for hearing shall
set forth in detail all facts supporting the Applicant’s request;
b. The General Manager shall, within fifteen (15) days of receiving the request
for appeal, provide written notice to the Applicant of the hearing date,
time, and place. The hearing date shall not be more than thirty (30) days
from the mailing of such notice by certified mail to the Applicant unless a
later date is agreed to by the Applicant. At the hearing, the Applicant shall
have the opportunity to present written and verbal evidence supporting its
position concerning the notice of violation. The hearing shall be conducted
in accordance with procedures established by the General Manager;
EAST VALLEY WATER DISTRICT
Administrative Policies & Programs
Policy Title: Conservation Commission Policy
Approval Date:
August 26, 2015
Policy No:8.1
Page 2 of 4
c. After the conclusion of the hearing, the General Manager shall set forth a
brief statement of facts found to be true, a determination of the issues
presented, conclusions, and a recommendation whether to uphold, modify
or dismiss the notice of violation. The General Manager shall make his/her
determination and shall issue his decision and order within thirty (30)
calendar days of the hearing. The written decision and order of the General
Manager shall be sent by certified mail to the Applicant at the Applicant’s
designated address;
d. The order of the General Manager shall be final in all respects fifteen (15)
days after it is mailed to the Applicant unless a request for appeal hearing is
filed with the Commission as provided for herein;
e. The Applicant may appeal the order of the General Manager by filing a
request for appeal hearing to the Commission prior to the date that the
General Manager’s order becomes final. The request for appeal hearing
shall be filed in writing with the District Clerk. The request for appeal
hearing shall set forth in detail all the issues in dispute for which the
Applicant seeks determination and all facts supporting Applicant’s request;
f. The District Clerk shall, within fifteen (15) days of receiving the request for
appeal hearing, provide written notice to the Applicant of the hearing date,
time, and place. The hearing date shall be not more than thirty (30) days
from the mailing of such notice by certified mail to the Applicant unless a
later date is agreed to by the Applicant;
g. At the hearing, the Applicant shall have the opportunity to present written
and verbal evidence supporting its position concerning the decision of the
General Manager, in accordance with procedures established by the
Commission;
h. The Commission shall make its determination whether to uphold, modify, or
reverse the General Manager’s decision and shall issue its decision and order
within thirty (30) calendar days of the hearing. The written decision and
order of the Commission shall be deemed final upon its adoption. In the
event the Commission fails to reverse or modify the General Manager’s
order, it shall be deemed affirmed. The decision of the Commission shall be
mailed to the Applicant by certified mail;
i. Applicants may then appeal the Commission’s decision at the next regularly
scheduled Board Meeting by filing written notice of appeal with the District
EAST VALLEY WATER DISTRICT
Administrative Policies & Programs
Policy Title: Conservation Commission Policy
Approval Date:
August 26, 2015
Policy No:8.1
Page 3 of 4
Clerk within fifteen (15) days of the date of mailing of the Commission’s
decision. The appeal shall be heard at the next regularly scheduled Board
meeting. The Board may exercise its discretion to resolve the dispute and
may request and receive special reports or additional information as it
deems necessary; and
j. The decision of the Board shall be final.
B. All Commission meetings shall be open to the public and notice of the meeting agenda
published by the District at least seventy-two (72) hours in advance.
C. A majority of the Commission members shall constitute a quorum. A quorum shall be
present for the Commission to take any official action.
D. Commission members shall serve on a voluntary basis, with no compensation, stipend,
or benefits.
E. Commission membership shall require the following:
a. A member of the Commission moving outside the District shall constitute a
resignation from the Commission effective upon the date the member fails
to meet appointment criteria;
b. Commission members must inform the designated staff member of any
anticipated absence and notification shall be made immediately after
receipt of the agenda. Absences due to sickness, death, or other
emergencies of a like nature shall be regarded as approved absences and
shall not affect the member’s status on the Commission; except that in the
event of a long illness or other such case for prolonged absence the member
may be replaced;
c. A District staff member shall serve as liaison to the Committee, attend all
meetings of the Commission, and participate in any discussions, but shall
not have the right to vote on any matter before the Commission; and
d. The Board shall provide the Commission with appropriate administrative
direction, as needed.
EAST VALLEY WATER DISTRICT
Administrative Policies & Programs
Policy Title: Conservation Commission Policy
Approval Date:
August 26, 2015
Policy No:8.1
Page 4 of 4
Commission Appointment Criteria
The Commission shall consist of up to five (5) District customers recommended by the
General Manager/CEO, appointed by the consensus of the Board, meeting the following
appointment criteria:
A. Customer of the District and reside within the District boundary;
B. Non-governing Board Member of employee of the District;
C. Able to serve a two-year term, with no term limits at the pleasure of the Board;
D. Able to participate in monthly meetings, as needed;
E. Meet the selection process criteria as established by the General Manager/CEO; and
F. Appointment may be revoked by the Board of Directors at any time.
Meeting Schedule
The Commission shall establish a recurring meeting date and time to hear authorized
appeal requests for water supply shortage violations. Meetings may be cancelled in the
absence of appeal requests.
Meeting Procedures
Meetings shall be conducted in a manner that is consistent with state and local laws.
A. Written confirmation of the decision of the Commission shall be sent to the Applicant,
Board, and the District’s General Manager within five (5) business days following the
conclusion of the hearing.
Attachments
A. Water Supply Contingency Plan (Ordinance 395)
RESOLUTION 2016.07
RESOLUTION OF THE BOARD OF DIRECTORS OF EAST VALLEY WATER DISTRICT
ADOPTING CONSERVATION COMMISSION POLICY
WHEREAS, on January 17, 2014, Governor Jerry Brown proclaimed a
State of Emergency to exist throughout the State of California due to severe
drought conditions; and
WHEREAS, on April 25, 2014, Governor Jerry Brown proclaimed a
continued State of Emergency to exist throughout the State of California due to
the ongoing drought conditions; and
WHEREAS, on March 27, 2015, the State of California Water
Resources Control Board adopted emergency regulations for increased drought
emergency water conservation measures through December 23, 2015; and
WHEREAS, on April 1, 2015, Governor Jerry Brown issued Executive
Order B-29-15 directing statewide mandatory water reductions by imposing
restrictions to achieve a statewide 25% reduction in potable urban water usage
through February 28, 2016; and
WHEREAS, the State Water Resources Control Board has extended
the emergency drought regulations through October 1, 2016; and
WHEREAS, the State of California is experiencing a multi-year
drought emergency resulting in record low snowpack in the Sierra Nevada
mountains, decreased water storage levels; and reduced river flows; and
WHEREAS, Ordinance 395 Section 15 addresses the District’s ability
to respond to a threatened water supply shortage, to enforce civil penalties for
violation of mandatory water use provisions, to establish a Conservation
Commission to hear violation appeals; and
WHEREAS, on August 12, 2015 the Governing Board established the
Conservation Commission and authorized the Conservation Commission Policy; and
NOW, THEREFORE, be it resolved by the Board of Directors of East
Valley Water District as follows:
SECTION 1 Establish a Conservation Commission consisting of up to
five (5) District customers to hear appeal requests for water supply shortage
violations and make recommendations on their enforcement.
SECTION 2 Act promptly to resolve disputes, but may delay a
resolution of the dispute to the time of its next regular meeting in order to
investigate the dispute or receive special reports related to the dispute.
SECTION 3 Provide the Commission with appropriate administrative
direction, as needed.
ADOPTED this March 9, 2016.
ROLL CALL:
Ayes:
Noes:
Absent:
Abstain:
_________________________________
Ronald L. Coats
Board President
ATTEST:
________________________________
John J. Mura,
Board Secretary
March 9, 2016
I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution
2016.07, adopted by the Board of Directors of East Valley Water District at its
Regular Meeting held March 9, 2016.
ATTEST:
___________________________
John J. Mura,
Board Secretary
BOARD AGENDA STAFF REPORT
Agenda Item #6.
Meeting Date: Marc h 9, 2016
Disc ussion Item
To: G o verning Board Memb ers
From: G eneral Manager/CEO
Subject: Drought Update
RECOMMENDATION:
This rep o rt is p ro vided to the Board o f Direc tors fo r its info rmation only. No ac tion is req uired.
BACKGROUND / ANALYSIS:
The Dis tric t’s water c o ns ervation red uc tion levels for the mo nth of January was 19%, and our c umulative water
cons ervatio n dropped to 24% when c ompared to the same time period in 2013. S taff will continue mo nitoring
and reporting to tal water p ro d uc tion numb ers to the SWRCB and c o ntinue to p ro mo te and implement water
cons ervatio n efforts to meet the District’s 28% water cons ervatio n req uirements .
State Water R es o urc es Co ntro l Board Water C o ns ervation Mand ates Continued
District s taff attended a State Water Res o urc es Control Board (SWRCB) meeting on February 2nd in whic h
they approved amendments and an extension o f the Emergenc y Water Co ns ervatio n Regulation thro ugh
Octo b er 2016. The amendments will allow fo r an ad justment to cons ervation req uirements d ue to fac tors s uc h
as gro wth and regio nal climate. The amend ments will als o grant a c o ns ervation c red it for water agenc ies that
have develo ped d ro ught resilient water sup plies .
Staff is s till in the proc es s o f evaluating how thes e amendments will p o tentially lower the District’s 28% water
cons ervatio n mand ate. Adjus tment req uest mus t be s ubmitted to the State b y March 15, 2016.
AGENCY IDEALS AND ENDEAVORS:
Id eals and End eavor I - Encourage Inno vative Inves tments To P ro mo te Sus tainable Benefits
(A) - Develop projec ts and p ro grams to ensure s afe and reliable s ervic es
(B) - Manage and id entify metho d s to c o nserve natural res o urc es
Id eals and End eavor III - Demons trate Visionary Lead ers hip To Enhance Dis tric t Id entity
(A) - Pro mo te c o mmunity involvement and ed uc ational opportunities
(B) - Strengthen regio nal, state and natio nal partners hip s
(C) - Utilize innovative c o mmunicatio n methods
(D) - Res p ect and p res erve regional heritage
Id eals and End eavor IV - F ully Understand C hallenges To Cultivate Effec tive Solutions
(D) - Emb race an environment of active learning and knowled ge s haring
FISCAL IMPACT :
There is no fis c al imp act assoc iated with this agend a item.
Res p ectfully s ubmitted:
Rec o mmended b y:
Jo hn Mura
General Manager / C EO
Jose Martinez
Assistant General Manager
ATTACHMENTS:
Description Type
Drought Update P resentation
DROUGHT
MARCH 9, 2016
UPDATE
STATEWIDE REPORTING
2
ON OUR WAY TO 28%
Month Total System
Reduction
January 3%
February -8%
March 13%
April 15%
May 33%
June 37%
July 35%
August 27%
September 24%
October 18%
November 16%
December 13%
January 19%
CUMULATIVE
TOTAL TO DATE 24%
REGULATIONS
EXTENDED TO
OCTOBER 2016
COMPARING SNOW LEVELS
4
RAINFALL TOTALS
5
MANDATORY REGULATIONS
•Maintain 25% Statewide Reduction
•Allowed for Minimal Adjustments
–Climate
–Population Growth
–March 2016
•Multiple Concerns About Long-Term Effectiveness
•Maintain Involvement in Development of Long-Term
Conservation Requirements
6
SAN BERNARDINO CITY SCHOOLS
•22 School Sites
–Weather Based
Irrigation Controllers
–Landscaping Audit
•Total Cost $ 154,159
–Valley District $ 77,080
–East Valley Water District $38,539
–San Bernardino City Schools $38,539
•Estimated Water Savings
–14,212,000 Gallons
SAN BERNARDINO SPORTS COMPLEX
•Partnership with City
of San Bernardino
and Valley District
•Weather-Based
Irrigation Controllers
•Other Efficiency
Measures
•50 Acres
8
TURF REPLACEMENT PROGRAM
•Turf Removal Rebates
–205 Approvals
–118 Completed
–156,611 Square Feet
of Turf Removed
9
TIER 3 WATER USAGE
10
2161
2590
3687 3799
5477
4255
3591
July August September October November December January
NUMBER OF ACCOUNTS
of Customers
are in Tier 3
(1 in 5 Customers)
Average 16%
WATERING RESTRICTION VIOLATIONS
11
18
90
312
200
139
September October November December January
NUMBER OF VIOLATIONS
759
Total
Violations
OUTREACH EFFORTS
12