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Agenda Packet - EVWD Board of Directors - 06/14/2017
REG ULA R BO A RD MEET IN G/P UBLIC HEA RIN G C losed Session Begins at 4:30 PM J une 14, 2017 - 5:30 PM 31111 Greenspot Road, Highland, C A 92346 AG E N D A "In order to comply with legal requirements for posting of agenda, only those items filed with the District C lerk 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". C A LL TO O RD ER RO LL C A LL O F BO A RD MEMBERS P U B L I C C O MME N T S 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 C hairman of the Board. Under the State of C alifornia Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. T he matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. AGE N D A - T his 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 REC ESS IN TO C LO SED SESSIO N C L OSE D SE S SI ON 2.C O N FEREN C E WIT H LEG A L C O UN SEL - EXIST IN G LIT IG AT IO N [Government C ode Section 54956.9(d) (1)] Name of C ase: Socal Environmental J ustice Alliance v. San Bernardino Valley Municipal Water District, et al., San D iego Superior Court C ase No. 37-2016-00032816-C U-T T-C T L 3.C O N FEREN C E WIT H LEG A L C O UN SEL - EXIST IN G LIT IG AT IO N [Government C ode Section 54956.9(d) (1)] Name of C ase: C ity of San Bernardino v. East Valley Water District, et al., San D iego Superior Court C ase No. 37-2016-00038119-C U-WM-C T L 4.C O N FEREN C E WIT H LEG A L C O UN SEL - EXIST IN G LIT IG AT IO N [Government C ode Section 54956.9(d)(1)] Name of Case: C arl F. Kovach v. East Valley Water D istrict, C A SE No. C IVD S 1603176 5:30 P M RE C ON VE N E ME E T I N G PLED G E O F A LLEG IA N C E RO LL C A LL O F BO A RD MEMBERS A N N O UN C EMEN T O F C LO S ED S ESS IO N A C T IO N S IT EMS AGE N D A I T E MS 5.Appointment of Directors for the East Valley Public Facilities C orporation 6.Adjourn to East Valley Public Facilities C orporation 7.Reconvene to East Valley Water District's regular board meeting P U B L I C C OMME N T S 8.AP P RO VAL O F C ON SE N T C AL E N D AR All matters listed under the C onsent C alendar are considered by the Board of Directors to be routine and will be enacted in one motion. T here 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 C onsent C alendar. a.May 17, 2017 special meeting minutes b.May 24, 2017 regular meeting minutes c.Directors' fees and expenses for May 2017 9.Staff Presentation Regarding C ity C reek Sewer Rehabilitation Notice of Intent to Adopt a Mitigated Negative Declaration and Proposed Resolution 2017.09 OP E N P U B L I C HE ARI N G 10.Public C omments C L O SE P U B L I C HE ARI N G 11.Board Discussion 12.Adopt the Mitigated Negative Declaration for the City C reek Sewer Rehabilitation Project and Adopt Resolution 2017.09 D I SC U SSI O N AN D P OS SI B L E AC T I O N I T E MS 13.Review and Adopt Surplus Property Policy 7.1.1 14.Refer Idea Hall contract update for the SN RC outreach to San Bernardino Valley Municipal Water District RE P O RT S 15.Board of Directors' Reports 16.General Manager/C EO Report • Water Q uality Update 17.Legal C ounsel Report 18.Board of Directors' Comments AD J O U RN P LEAS E NO T E: Materials related to an item on this agenda s ub mitted to the Board after dis trib utio n of the agend a pac ket are available for p ublic ins p ectio n in the Dis tric t's o ffice lo cated at 31111 G reens pot R d., Highland, during no rmal b usines s hours . Also, s uc h d o cuments are available o n the Dis tric t'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 urs uant to G overnment C o d e S ec tion 54954.2(a), any reques t fo r a d is ab ility-related mo dific 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 s hould b e d irected to the Dis tric t C lerk at (909) 885-4900 at leas t 72 hours prior to said meeting. EAST VALLEY PUBLIC FACILITIES CORPORATION 31111 Greenspot Road June 14, 2017 Highland, California 5:30 pm AGENDA CALL TO ORDER 1. Public Participation 2. Approval of agenda 3. Appointment of Officers 4. Approval of January 9, 2013 minutes 5. Dissolution of the East Valley Public Facilities Corporation 6. Adjourn to East Valley Water District Board Meeting Agenda Item # 5 Page | 1 SR# EAST VALLEY PUBLIC FACILITIES CORPORATION BOARD AGENDA STAFF REPORT June 14, 2017 TO: GOVERNING BOARD MEMBERS FROM: GENERAL MANAGER/BOARD SECRETARY SUBJECT: DISSOLUTION OF THE EAST VALLEY PUBLIC FACILITIES CORPORATION RECOMMENDATION: Staff recommends that the Board approve and file forms to dissolve the East Valley Public Facilities Corporation. DISCUSSION The East Valley Public Facilities Corporation (Corporation) was formed by the East Valley Water District (District) on September 30, 1986. The purpose of the Corporation is to assist the District with the financing and construction of public benefit infrastructure projects, which qualifies it as a public benefit, non-profit corporation exempt from taxes. Since its formation, the Corporation has issued five series of Certificates of Participation (bonds): • 1986 - purchase Highland system assets from the Southern California Water Company • 1989 -purchase remaining Highland system assets from Security Pacific National Bank • 1994 - finance construction of Plant 134 treatment plant • 1996 - refinance and retire 1986 and 1989 certificates • 2001 - build 4-million-gallon underground storage reservoir (Plant 37) and refinance and retire 1994 certificates As documented above, the 1986, 1989, and 1994 issues were all refinanced, and the 1996 issue was paid off in 2009. The remaining 2001 issue was refinanced in 2010 with proceeds from revenue bonds issued by the newly formed East Valley Water District Financing Authority (Authority). The formation of the Authority, and the refinancing of the Corporation’s final debt issue, left the Corporation with no activity and no real purpose. Nonetheless, staff has continued to file the required non-profit tax forms, state controller’s report and Secretary of State forms for the last seven years. AGENDA DATE: JUNE 14, 2017 SUBJECT: DISSOLUTION OF THE EAST VALLEY PUBLIC FACILITIES CORPORATION Page | 2 SR# In February 2017, staff received a notice from the Franchise Tax Board that the Corporation could not maintain its tax-exempt status if it is inactive. Accordingly, staff began researching the process for dissolution, and acquiring the requisite forms, so that the Board may consider taking action to dissolve the Corporation at the re-organization meeting in December. On May 31, 2017 staff received notice from the Franchise Tax Board that the District had 30 days to dissolve the Corporation before it loses its tax-exempt status. REVIEW BY OTHERS: This agenda item has been reviewed by the Administration Department and Legal Counsel. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Recommended by: Respectfully submitted: _____________________________ _____________________ John Mura Brian Tompkins General Manager/Secretary Finance Director ATTACHMENTS: Franchise Tax Board Notice Certificate of Election to Wind Up and Dissolve Minutes: 5/17/17 smg 1 Draft Pending Approval EAST VALLEY WATER DISTRICT May 17, 2017 SPECIAL BOARD MEETING MINUTES The Chairman of the Board called the meeting to order at 3:00 p.m. Mr. Marty Cihigoyenetche led the flag salute. PRESENT: Directors: Carrillo, Coats, Morales, Shelton ABSENT: Directors: Smith STAFF: John Mura, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Steven Nix, Director of Engineering and Operations; Justine Hendricksen, District Clerk; Shayla Gerber, Administrative Assistant LEGAL COUNSEL: Marty Cihigoyenetche GUEST(s): Members of the public PUBLIC COMMENTS Chairman Coats declared the public participation section of the meeting open at 3:01 p.m. DIRECTOR SMITH ARRIVED AT 3:01 P.M. Mr. Fred Yauger commented that he is pleased with the proposed rate adjustments and asked a question pertaining to rate increases for FY 2018/19. There being no further written or verbal comments, the public participation section was closed at 3:04 p.m. REVIEW FY 2017-18 REVENUE PROJECTIONS The Chief Financial Officer presented the FY 2017-18 Revenue Projections to the Board reviewing the following: • Modifications to the Phase 3 commodity rates a. No Phase 3 increase to Meter Charge rates b. One-half of Phase 3 increases to Commodity (Tier) rates • Water fund revenue projections a. Meter charges b. Other charges and other revenue Minutes: 5/17/17 smg 2 • Wastewater fund revenue projections a. Wastewater system charges b. Wastewater treatment charges The Chief Financial Officer addressed questions from the Board regarding the different tiers of water and miscellaneous revenue. Information only. GENERAL MANAGER/CEO REPORTS The General Manager/CEO wished Director Shelton and the Chief Financial Officer a happy birthday. The General Manager/CEO reported that the Water Quality Community Workshop, held by the District, was a success with about 30 in attendance, including the State Water Resources Control Board. The General Manager/CEO gave a water quality update, and he informed the Board that closed session will begin at 4:00 p.m. on May 24 for the regular board meeting. LEGAL COUNSEL REPORT No report at this time. BOARD OF DIRECTORS’ COMMENTS Director Morales commended each department on their presentations to the Board and stated that he is proud of the organization. Chairman Coats commended staff on a great presentation; and he closed the meeting with the following statement: “help ensure your water future, support the Sterling Natural Resource Center.” ADJOURN The meeting adjourned at 3:44 p.m. __________________________ Ronald L. Coats, Board President ____________________ John Mura, Secretary 1 Minutes 5/24/2017 smg Draft Pending Approval EAST VALLEY WATER DISTRICT May 24, 2017 REGULAR BOARD MEETING MINUTES The Chairman of the Board called the meeting to order at 4:00 p.m. PRESENT: Directors: Coats, Morales, Shelton, Smith ABSENT: Director Carrillo STAFF: John Mura, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Steven Nix, Director of Engineering & Operations; Eileen Bateman, Sr. Administrative Assistant; 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 4:00 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF AGENDA M/S/C (Shelton-Smith) that the May 24, 2017 agenda be approved as submitted. CLOSED SESSION The Board entered into Closed Session at 4:01 p.m. as provided in the Ralph M. Brown Act Government Code Sections 54956.9(d)(1) and 54957.6(a) to discuss the item(s) listed on the agenda. VICE CHAIRMAN CARRILLO ARRIVED AT 4:42 P.M. THE BOARD RECONVENED THE MEETING AT 5:30 P.M. Mr . Fred Yauger led the flag salute. 2 Minutes 5/24/2017 smg ROLL CALL PRESENT: Directors: Carrillo, Coats, Morales, Shelton, Smith ABSENT: None ANNOUNCEMENT OF CLOSED SESSION ACTIONS With respect to Item #2: No reportable action taken. With respect to Item #3: No reportable action taken. With respect to Item #4: No reportable action taken. With respect to Item #5: No reportable action taken. PRESENTATIONS AND CEREMONIAL ITEMS • INTRODUCTION OF CARMEN GREEN, CUSTOMER SERVICE REPRESENTATIVE The General Manager/CEO introduced Carmen Green, the District’s recently hired employee to the Board. The General Manager/CEO recognized the District’s “Beyond the Faucet” poster contest winners. PUBLIC COMMENTS Chairman Coats declared the public participation section of the meeting open at 5 :51 p.m. Mr. Bob Glennon complimented staff for their kindness and knowledge on the North Fork Dam System Tour; he gave special recognition to Andrew Mata and stated that he did an outstanding job. There being no further written or verbal comments, the public participation section was closed at 5:57 p.m. APPROVE THE APRIL 12, 2017 REGULAR BOARD MEETING MINUTES M/S/C (Shelton-Smith) that the Board approve the April 12, 2017 regular board meeting minutes as submitted. APPROVE THE APRIL 19, 2017 SPECIAL BOARD MEETING MINUTES M/S/C (Shelton-Smith) that the Board approve the April 19, 2017 special board 3 Minutes 5/24/2017 smg meeting minutes as submitted. APPROVE THE APRIL 26, 2017 REGULAR BOARD MEETING MINUTES M/S/C (Shelton-Smith) that the Board approve the April 26, 2017 regular board meeting minutes as submitted. DIRECTORS’ FEES AND EXPENSES FOR APRIL 2017 M/S/C (Shelton-Smith) that the Board approve the Directors’ fees and expenses for April 2017 as submitted. DISBURSEMENTS M/S/C (Shelton-Smith) that the General Fund Disbursements #249919 through #250085 which were distributed during the period of April 1, 2017 through April 30, 2017, bank drafts and ACH Payments in the amount of $1,928,890.93 and $335,386.93 for payroll and benefit contributions, totaling $2,264,277.86 be approved. ACCEPT AND FILE THE FINANCIAL STATEMENTS AS OF, AND FOR THE PERIOD ENDED, APRIL 30, 2017 M/S/C (Shelton-Smith) that the Board accept and file the financial statements as of, and for the period ended, April 30, 2017 as submitted. AWARD CONTRACT FOR PROFESSIONAL AUDITING SERVICES The Chief Financial Officer stated that the District has used the same auditing firm for the past six years and staff felt it would be prudent to send out Requests for Proposals to seek other firms that could offer a fresh perspective of the District’s financial activities; and he reviewed the selection process for choosing a firm for Professional Auditing Services. Director Morales stated that the selection of a new auditing firm is a transpa rency and accountability move on behalf of the Board. Director Shelton expressed that she appreciates staff diligence in the selection process of the new firm. The Chairman commended the Chief Financial Officer and agreed with Director Morales’ comments. The General Manager/CEO stated that even though he has the authority to sign the contract for auditing services, his feels that it should be presented to and awarded by the Board. 4 Minutes 5/24/2017 smg M/S/C (Morales-Carrillo) that the Board award the contract for Professional Auditing Services to Vicenti, Lloyd & Stutzman, LLP (VLS) for the years ended 2017, 2018, and 2019. ADOPT RESOLUTION 2017.07 UPDATING THE SCHEDULE OF WATER AND WASTEWATER RATES AND CHARGES The Chief Financial Officer presented information regarding proposed rate adjustments that would become effective July 1, 2017 for the 2017/18 Fiscal Year; that the modifications would include no Phase 3 increase to meter charge rates and one-half of the originally adopted Phase 3 commodity rates. He stated that the ratepayers would benefit by giving them more control over their water bill and rates would continue to be affordable. The General Manager/CEO stated that the proposed modification to the rates would save ratepayers $1.3 million dollars; that the District is a performance based organization and it has been determined that the District can still meet goals and objectives with the proposed modifications to the rates. Director Morales commended staff on not increasing rates unnecessarily. Vice Chairman Carrillo stated that he is pleased that the District can strike the balance between short term costs and long term solutions. M/S/C (Morales-Carrillo) that the Board approve Resolution 2017.07. ADOPT RESOLUTION 2017.08 SUPPORT PLACING IN NOMINATION JAMES MORALES JR. A MEMBER OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES (ACWA) REGION 9 BOARD The General Manager/CEO reviewed the ACWA re-nominating process to the ACWA Region 9 board. Director Morales expressed that he would like to continue service on the board and that it is a great opportunity to give his input regarding state laws and regulations pertaining to the District. Director Shelton commended Director Morales for doing a fantastic job on the ACWA Region 9 board. Chairman Coats stated that Director Morales is the right person for the position. M/S/C (Smith-Carrillo) that the Board approve Resolution 2017.08. 5 Minutes 5/24/2017 smg DISPOSITION OF SURPLUS PROPERTY The General Manager/CEO provided information regarding the recommendation to surplus Unit #234. M/S/C (Shelton-Smith) that the Board authorize the disposition of surplus property as submitted. BOARD OF DIRECTORS’ REPORTS Director Smith reported on the following: on May 2 he attended the City of San Bernardino Board of Water Commissioners meeting and on May 17 he attended the special board meeting at the District. Director Shelton reported on the following: on May 5 she attended San Bernardino Valley Municipal Water District’s dam tour; May 9 to 12 she attended the Association of California Water Agencies (ACWA) Spring Conference where she attended a session on low income water rate assistance; and on May 22 she attended the Association of San Bernardino County Special Districts (ASBCSD) meeting where James Milton was the guest speaker. Director Morales reported on the following: on May 8 he attended the Association of California Water Agencies (ACWA) Region 9 pre-meeting to the ACWA Spring Conference; on May 22 he attended the ACWA Region 9 Planning Ad-Hoc Committee meeting where they discussed a tour of Prado Dam; and on May 23 he attended the Highland Chamber of Commerce “State of the Community” luncheon where Mayor Penny Lilburn referred to the Sterling Natural Resource Center as the “Crown Jewel of the West Valley”. Vice Chairman Carrillo reported on the following: on May 12 gave an update on the Sterling Natural Resource Center to Janis Rutherford’s Chief of Staff, Phil Paule; on May 15 he attended the 2X2 Recycled Water Ad-Hoc Committee meeting where they discussed outreach efforts, procurement and litigation regarding the Sterling Natural Resource Center; and on May 23 he attended the Highland Chamber of Commerce “State of the Community” luncheon. Chairman Coats reported on the following: on April 28 he attended Inland Empire Economic Partnership meeting where Gubernatorial Candidate Villaraigosa spoke; on May 2 he attended San Bernardino Valley Municipal Water District’s Board meeting; on May 5 he attended San Bernardino Valley Municipal Water District’s dam tour; May 9 to 12 he attended the Association of California Water Agencies (ACWA) Spring Conference where he attended sessions on algae bloom and the Oroville Dam; on May 15 he attended the 2X2 Recycled Water Ad-Hoc Committee meeting; on May 16 he attended San Bernardino Valley Municipal Water District’s Board meeting; on May 22 he attended the Engineering and Operations Standing Committee meeting where the discussed Capital Improvement Projects; on May 22 he attended the Association of San Bernardino County 6 Minutes 5/24/2017 smg Special Districts (ASBCSD) meeting; and on May 23 he attended the Highland Chamber of Commerce “State of the Community” luncheon. Information only. GENERAL MANAGER/CEO REPORT The General Manager/CEO reported on the following: he announced that the District received a positive ruling from the judge in regards to the current litigation regarding the EIR for the Sterling Natural Resource Center; he provided information regarding water quality sample numbers and stated that all eight sites are below the maximum TTHM contaminant level; that on May 18 the District hosted its annual North Fork Dam System tour with great success. The General manager/CEO attended the Highland Chamber of Commerce “State of the Community” luncheon where he received an update on the City of Highland; and on May 17 the District held a special board meeting to review FY 2017-18 Revenue Projections with the Board. The General Manager/CEO informed the Board of upcoming events: • May 29 – District will be closed due to Memorial Day holiday • May 30 @ 3:30 p.m. – Finance and Human Resources Standing Committee meeting • June 7 @ 5:30 p.m. – Special Board meeting • June 9 @ 6:00 p.m. - Employee Events Association hosting “Family Movie Night” • June 10 @ 9:00 a.m. – Smart Irrigation Workshop held at the District Information only. LEGAL COUNSEL REPORT No reports at this time. BOARD OF DIRECTORS’ COMMENTS Director Shelton informed the Board that Water Appreciation Week is October 7 to 15. Director Morales welcomed newly hired Customer Service Representative, Carmen Green, to the District and congratulated the winners of the “Beyond the Faucet” poster contest. He thanked Bob Glennon for attending the board meeting and he thanked the Board for their confidence in him to serve once again on the ACWA Region 9 Board. Director Smith thanked staff on their professionalism on the budget process and presentation. Vice Chairman Carrillo commended Chairman Coats on his leadership of the District. 7 Minutes 5/24/2017 smg Chairman Coats applauded the Chief Financial Officer and staff on a job well done with the budget; and he adjourned the meeting with the following statement: “Help ensure your water future by supporting the Sterling Natural Resource Center”. Information only. ADJOURN The meeting adjourned at 6:36 p.m. ___________________________ Ronald L. Coats, Board President __________________________ John Mura, Secretary R ec o mmend ed b y: John Mura G eneral Manager/C EO R espec tfully s ubmitted: Jus tine Hendric ks en District C lerk B OAR D AG E N D A S TAF F R E P O RT Agend a Item #8.c. Meeting Date: June 14, 2017 C ons ent Item To: G overning Board Memb ers From: G eneral Manager/C E O S ubject: Direc tors ' fees and exp ens es for May 2017 R E C O MM E N D AT IO N: Approve the G overning Bo ard Memb ers ’ fees and expenses fo r May 2017. B AC KG R O UN D / AN ALYS IS : T he Board has instruc ted staff to lis t all d irec tor fees and exp ens es as a s ep arate agenda item to s how full fisc al transparenc y. O nly after Board review and ap p ro val will the c o mpens ation and exp ens es be p aid. AGE N C Y ID E ALS AN D E N DE AVO R S: Id eals and Endeavor I I - Maintain An Enviro nment C ommitted To Elevated P ub lic S ervice (E) – P ractice transparent & acc o untab le fis cal management R E VIE W B Y O T HE R S : T his agenda items has b een reviewed by the Ad minis tratio n department. F IS C AL IMPAC T : T he fis c al impact ass ociated with this agend a item is $8,498.20 which is includ ed in the current fis cal bud get. ATTAC H M E NTS: Description Type Directo r's Fees and Expenses May 20 17 Backup Material B OAR D AG E N D A S TAF F R E P O RT Agenda Item #9. Meeting Date: June 14, 2017 P ublic Hearing To: G overning Board Memb ers From: G eneral Manager/C E O S ubject: S taff P res entation R egard ing C ity C reek S ewer R ehabilitation No tice o f Intent to Ad o p t a Mitigated Negative Declaration and P ro p osed R esolution 2017.09 R E C O MM E N D AT IO N: S taff rec o mmend s that the Board o f Directo rs ac cept the Mitigated Negative Dec laratio n fo r the C ity C reek S ewer R ehab ilitatio n P ro ject. T he purp ose of the s tudy is to comply with the C alifo rnia Enviro nmental Q uality Ac t (C EQ A) as comp lete and adopt R es o lutio n 2010.09 for the C ity C reek S ewer R ehab ilitation P ro ject to autho rize the recording in the offic e of S an Bernardino C lerk o f the Bo ard. B AC KG R O UN D / AN ALYS IS : In November of 2016, the District commis s ioned an Initial S tudy/Mitigated Negative Dec laratio n (I S /MND) to b e prepared for the C ity C reek S ewer R ehabilitation P roject b y the Distric ts c o ns ultant ES A. T he p urpos e o f the s tud y is to comply with the C alifo rnia Enviro nmental Q uality Act (C E Q A) to d etermine if this project will have a s ignific ant effec t on the enviro nment. Before sub mitting the I S /MND to the S tate C learing Hous e fo r agenc y review, the Dis tric t sent notice to S an Manuel Band of Mission Indians , Morongo Band of Mission Indians , G abrieleno Band of Mission Indians – Kizh Nation and S o b o ba Band of Luiseno Indians as req uired p er Assemb ly Bill 52 (AB 52). AB 52 p ro vides the Trib es an opp o rtunity to c o nsult o n the enviro nmental p roc es s prior to beginning the review p ro c es s . T his no tic e was s ent on F ebruary 16, 2017 and the 30-d ay perio d c o nc luded on Marc h 17, 2017. No res p o ns es were received d uring this period. O n Ap ril 3, the Draft I S /MND was filed with the S tate C learing Hous e fo r d istrib ution to loc al agenc ies fo r review. No tic e was als o mailed to affec ted p ro p erty owners and p o s ted o n the Dis tric t webs ite. T he 30-day p ub lic review period ended on May 30, 2017. T he Dis tric t rec eived c o mment letters from the S tate o f C alifornia P lanning and R esearc h, C o unty of S an Bernardino Dep artment o f P ublic Works and S an Manuel Band o f Mis s io n Indians. T hes e c o mment letters and the respons es are inc luded in the final MND. Additio nally, on April 6, we received a letter fro m a rep res entative from S an Manuel Band o f Miss ion Indians (S MBMI) about the AB 52 letter we s ent them. T hey commented that the d raft I S /MND rep o rt s tated we d id no t rec eive any response to the four AB 52 letters that were s ent o ut o n F ebruary 16. It was exp lained to S MBMI that since the letter was rec eived after the respons e dead line and s ub s eq uent filing with the S tate C learing Ho us e, it was not includ ed in the Draft I S /MND but we wo uld inc lud e an ap p ro p riate res pons e in the F inal IS /MND. S MBMI was satis fied with this res olution. R ec o mmend ed b y: John Mura G eneral Manager/C EO R espec tfully s ubmitted: S teven Nix, P E, P L S Direc tor of Engineering & O perations R esults o f the initial study found that there was no evidence o f any ad vers e imp ac t to the enviro nment and therefore, a Mitigated Negative Dec laratio n c an b e ad o p ted . AGE N C Y ID E ALS AN D E N DE AVO R S: Id eals and Endeavor I - Enc o urage Inno vative Investments To P romote S ustainab le Benefits (A) - Develop projec ts and pro grams to ens ure safe and reliab le s ervic es (D) - D edicate effort toward system maintenance and modernization R E VIE W B Y O T HE R S : O p erations Department and Legal C o uns el have reviewed this item. F IS C AL IMPAC T : No fis c al impac t to the Mitigated Negative Dec laratio n. ATTAC H M E NTS: Description Type Resolution 201 7.09 Resolution Lette r City Cre ek Manhole Rehab P roject-M N D Backup Material East Valley Water District Resolution 2017.09 Page 1 of 1 RESOLUTION 2017.09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ADOPTING the INITIAL STUDY and MITIGATED NEGATIVE DECLARATION BE IT HEREBY RESOLVED, by the Board of Directors of the East Valley Water District, as follows: WHEREAS, The East Valley Water District recommends the adoption of the Mitigated Negative Declaration for the City Creek Sewer Rehabilitation Project. The purpose of the study is to comply with the California Environmental Quality Act (CEQA) to determine if this project will have a significant effect on the environment. Results of the initial study found that there was no evidence of any adverse impact to the environment and therefore, a Mitigated Negative Declaration can be adopted. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby accept said Initial Study and Mitigated Negative Declaration on behalf of the District, and the Secretary is hereby authorized and directed to attach a copy of this resolution to said document, and record said Mitigated Negative Declaration, in the office of the San Bernardino Clerk of the Board, 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 June 14, 2017. Ayes: Noes: Absent: Abstain: EAST VALLEY WATER DISTRICT __________________________ Ronald L. Coats Board President I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2017.09 adopted by the Board of Directors of East Valley Water District at its Regular Meeting held June 14, 2017. ATTEST: __________________________ John Mura, Board Secretary/CEO S3155dm 06/06/2017 B OAR D AG E N D A S TAF F R E P O RT Agend a Item #13. Meeting Date: June 14, 2017 Dis c ussion Item To: G overning Board Memb ers From: G eneral Manager/C E O S ubject: R eview and Ad o pt S urp lus P rop erty P o licy 7.1.1 R E C O MM E N D AT IO N: S taff rec ommends that the Board of Direc tors (Bo ard) review and adopt the attached S urplus P ro p erty P o lic y. B AC KG R O UN D / AN ALYS IS : O ne o f Eas t Valley Water Distric t’s O rganizatio nal End eavo rs is to “Ded icate Effo rt To ward S ystem Maintenanc e and Mod ernization”, which oc cas ionally leads to the need to d ispose of retired o r s urp lus as s ets. C urrent p olic y for dis p o s al o f s urp lus prop erty is b riefly ad d ressed in the District’s P urchas ing P olic y, b ut not in suffic ient detail to es tab lis h Bo ard expec tations and guidance to staff. T he attac hed po licy d efines the criteria fo r d ec laring s urplus p roperty, the authorizations req uired fo r pro p er d ispos al, and the metho d s of dispos al available. It als o ad d res s es the us e o f proc eeds, and limitatio ns and p rohib itio ns against s taff acquiring p roperty dec lared s urplus b y the Dis trict. AGE N C Y ID E ALS AN D E N DE AVO R S: Id eals and Endeavor I - Enc o urage Inno vative Investments To P romote S ustainab le Benefits (D) - Ded icate effo rt toward s ys tem maintenance & modernizatio n Id eals and Endeavor I I - Maintain An Enviro nment C ommitted To Elevated P ub lic S ervice (E) - P ractice transparent & acc o untab le fis cal management R E VIE W B Y O T HE R S : T his agenda item has been reviewed by Exec utive Management and the F inanc e and Human R esourc es S tand ing C ommittee. R ec o mmend ed b y: John Mura G eneral Manager/C EO R espec tfully s ubmitted: Brian Tomp kins C hief F inancial O fficer F IS C AL IMPAC T : T here is no fis c al impact ass ociated with this agenda item. ATTAC H M E NTS: Description Type 7.1.1 Surplus P roperty P olicy Backup Material Surplus P roperty / Capital Asset Disposition Form Backup Material EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Surplus Property Policy Original Approval Date: June 14, 2017 Last Revised: Policy No: 7.1.1 Page 1 of 5 Purpose The purpose of this policy is to establish uniform procedures for disposing of property that has been declared surplus by the District. Generally, property is declared surplus if it is no longer needed by the using department because of decreased use, poor condition, damage not worth the cost of repairing, and/or obsolescence. Scope For the purposes of this policy, surplus property may include supplies, equipment, and components of plant facilities. Examples include, but are not limited, office equipment, furniture and fixtures, pool vehicles and other fleet equipment, pumps, valves, and other facility components. This policy does not pertain to real property, disposal of which is subject to additional legal requirements. Responsibility and Authorization A Department Head will determine if supplies, a piece of equipment or a capital asset has become surplus based on the description above. If so, the Department Head, or a designee will determine the value of the surplus item, either from an existing source document or a reasonable estimate of replacement value if a source document is unavailable in the District’s document management system. Before an asset is sold or otherwise disposed of, it must first be determined if the asset had originally been purchased with grant monies. If this is the case, the District must refer to the grant agreement and follow prescribed procedures for disposition. • If the current value of the surplus property is determined to be less than $1,000, the Department Head should notify the Finance Department, determine the appropriate method of disposition, and coordinate its disposal. The General Manager/CEO’s approval is required for items valued between $1,000 - $3,000. • If the property item deemed surplus has an estimated current value of over $3,000, then the Department Head must complete a Surplus Property / Capital Asset Disposition form. One copy of the form should be completed and circulated for signatures. After signatures are obtained, the property must be declared surplus by the Board of Directors. EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Surplus Property Policy Original Approval Date: June 14, 2017 Last Revised: Policy No: 7.1.1 Page 2 of 5 Methods of Disposal There are four approved methods for disposal of surplus property including: • Trade in for credit on new material or equipment • Public Sale • Public Donation • Scrap 1. Trade In - Surplus property can be offered as trade-in for new equipment or material or for credit towards the acquisition of new property. If the current value of a surplus property item slated for trade-in is $1,000 or over, then a Surplus Property/Capital Asset Disposition form should be completed. The estimated trade in value of the surplus property or capital asset should be noted on the Surplus Property/Capital Asset Disposition form and on the purchase order issued for any new property resulting from the trade in. 2. Public Sale - Surplus property may be offered for sale. All surplus property is for sale “as is” and “where is,” with no warranty, guarantee, or representation of any kind, expressed or implied, as to the condition, utility or usability of the property offered for sale. For any sale of surplus property with a current value of $1,000 or above, the Department Head should indicate on the Surplus Property / Capital Asset Disposition form the recommended selling method and any other notations in the Department Head approval. Appropriate methods of sale are as follows: A. Public Auction – District staff may conduct public auctions or the District may contract with a professional auctioneer and/or an Internet auctioneer for this service. B. Sealed Bids – Sealed bids may be solicited for the sale of surplus property. Surplus property disposed of in this manner shall be sold to the highest responsible bidder. C. Negotiated Sale – Surplus property may be sold outright if the Department Head, with concurrence of the General Manager/CEO, determines that only one known buyer is available or interested in acquiring the property. D. Selling as Salvage – Equipment, materials, supplies, fixtures, or facility components that are no longer capable of performing their intended function EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Surplus Property Policy Original Approval Date: June 14, 2017 Last Revised: Policy No: 7.1.1 Page 3 of 5 without extensive repair, or that are of no value except for reclamation purposes, may be considered salvage. Surplus property may be sold as salvage if the Department Head deems that the value of the raw material exceeds the value of the property. 3. Donation - The Department Head may recommend and the General Manager/CEO may authorize, the donation of surplus property to a 501(c)(3) nonprofit organization or school district located or operating within the District’s service area or, secondarily, to any other non-profit organization or private organization that aids nonprofit organizations. A. Noticing - If surplus property has been approved for donation, the Department Head will notice the availability of such property for donation, indicating the quantity, description, and location of the surplus property, by advertisement in a local newspaper and on the District’s web site. This notice will also indicate a closing date for the receipt of all requests for donation and indicate the way in which interested parties can receive additional information. B. Terms & Conditions - Requests for donation will be accepted if received within the specified time period. Requests will then be scored by staff on a number of criteria designed to identify the organizations with the greatest charitable impact on residents within the District’s service area, taking into account previous property received from the District, if any. The Department Head will send a letter to the non-profit organization(s) or school district(s) that respond to the notice to advise them of the District’s terms and conditions of the donation. Generally, the terms and conditions are: • Accepting the property “as is,” with no implied warranties; • Exhibit an immediate need for the property; • Agreeing that the property will never be sold or transferred for profit; and • Assume all costs and liability associated with the removal and transportation of the surplus property from the District. EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Surplus Property Policy Original Approval Date: June 14, 2017 Last Revised: Policy No: 7.1.1 Page 4 of 5 • A return letter, signed by an authorized agent from the non-profit organization or school district, accepting the District’s terms and conditions is required before the surplus property can be released. C. Release - If, in the opinion of the Department Head, the donated property has a current value of less than $3,000, then the General Manager/CEO can approve the release of the property to the recipient(s) that meet the above criteria and agree to the District’s terms and conditions. If, in the opinion of the Department Head, the donated property has a current value of $3,000 or more, the initiating Department Head will prepare a report to identify the specific property to be donated, the estimated current value of the property, and the proposed recipient(s) of the property for approval by the Board of Directors. After Board approval, the surplus property may then be released. • The department from which the donated property is being taken should remove any District tags or emblems before the property is officially transferred to the recipient organization(s). 4. Scrap – This method of disposal is recommended only after determining that none of the other methods – trade-in, sale (including salvage), or donation - is feasible. It applies when surplus property has no value and there is no expectation of proceeds from the disposal. • Inoperable or irreparable property with an original cost of $1,000 or less may be scrapped at the discretion of the Department Head. • Inoperable or irreparable property with an original cost between $1,000 and $3,000s may be scrapped with the approval of the General Manager/CEO. • Inoperable or irreparable property with an original cost of more than $3,000 requires the completion of a Surplus Property / Capital Asset Disposition Form and approval of the District Board. Proceeds 1. Any proceeds received from the trade-in or sale of surplus property will be credited to the appropriate equipment replacement fund. EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Surplus Property Policy Original Approval Date: June 14, 2017 Last Revised: Policy No: 7.1.1 Page 5 of 5 2. Proceeds from salvage or scrap will be donated to the EVWD Employee Events Association in support of its efforts to provide school supplies and necessities to disadvantaged students at schools within the District’s service area. Prohibited Disposition 1. District surplus property may not be sold or given to a District employee except through public auction or solicitation of sealed bids open to the public. 2. District employees shall not be permitted to bid on, or knowingly come into ownership of, any surplus property if the employee participated in any way in the disposal process. Revised: June 14, 2017 FINANCE DEPARTMENT SURPLUS PROPERTY / CAPITAL ASSET DISPOSITION FORM Date of Action: Reason for Disposal / Move Action (Choose one of the following): Damaged Beyond Repair Obsolete Destroyed Donated to: ____________________________________________ **Attach Documentation Lost/Stolen Sold, Sale Price $________________________________________ **Attach Sales Paperwork Transfer Traded in Explanation: Property Detail Asset Tag # Serial #/VIN Description Physical Location Before Action Date New Physical Location (Attach additional pages if necessary) Person Completing this form Date Transfer Details (if transferring) From Department: To Department: Approvals Signature of Department Head Releasing the Fixed Asset Date Signature of Department Head Receiving the Fixed Asset Date (if transferring) B OAR D AG E N D A S TAF F R E P O RT Agend a Item #14. Meeting Date: June 14, 2017 Dis c ussion Item To: G overning Board Memb ers From: G eneral Manager/C E O S ubject: R efer Idea Hall c o ntract update fo r the S NR C outreach to S an Bernardino Valley Munic ip al Water Dis trict R E C O MM E N D AT IO N: Approve the forms and c o ntent o f the propos ed c o ntrac t amend ment fro m Id ea Hall and refer the actio n to S an Bernardino Valley Munic ip al Water Dis tric t for review and approval, as it relates to the S terling Natural R es o urc e C enter. B AC KG R O UN D / AN ALYS IS : In 2015 S an Bernardino Valley Munic ip al Water Dis tric t (Valley Dis tric t) and Eas t Valley Water Dis tric t (District) entered into a framework agreement laying the groundwork for regio nal rec yc led water p ro jects. T he S terling Natural R es ource C enter (S NR C ) is a res ult o f this agreement, and is a Valley Dis trict projec t, perfo rmed in c o o p eratio n with the District. T hroughout the p ro c es s , Valley Dis tric t and the Distric t have maintained an extens ive p ublic p ro c es s to encourage c o mmunity input. As the pro ject pro gres s ed the need fo r a profes s io nal p ublic relations firm to maximize communications effo rts, and Valley Dis tric t contracted with Idea Hall in 2016. Id ea Hall is a full-s ervic e brand ing and P R agency. T hey spec ialize in brand ing, marketing, pub lic and med ia relatio ns , and integrated ideas . T hey serve busines s , c o ns umer and c aus e-related organizations. T hrough the us e o f effec tive communications p ro grams , Id ea Hall ass is ts with p ro motio n of the S NR C . O verall the strategy of the effo rt is to ins p ire, educ ate, and build c red ib ility with target audiences . Examp les of rec ent o utreac h efforts inc lude: S trategic communicatio ns planning News release creation and media p lac ement Bylines articles S p ecial events S o cial media ac tivities Do o r to d o o r ac tivities Direct s takeholder engagement A c ritical c o mp o nent o f this outreac h effort is ens uring that info rmatio n is c learly available to S p anis h s p eaking members o f the c ommunity. Id ea Hall provides a numb er o f servic es to as s is t with this outreach inc lud ing b ilingual s taff members , trans latio n s ervices , and s trategic c o nsultations . R ec o mmend ed b y: John Mura G eneral Manager/C EO R es p ec tfully s ub mitted : Kelly Mallo y P ublic Affairs /C ons ervation Manager b ilingual s taff members , trans latio n s ervices , and s trategic c o nsultations . In ac cord anc e with the framework agreement, Valley District is the authorizing agenc y for all c o ntrac ts relating to the S N R C . Dis tric t s taff has reviewed the p ropos ed Budget P lan to be includ ed as a contract amendment and rec o mmend s that the Board o f Direc tors ap prove the doc uments as they relate to the form and c o ntent as part o f the S NR C expens es. Additionally, s taff rec o mmend s that the contract b e referred to Valley Dis tric t for review and appro val. AGE N C Y ID E ALS AN D E N DE AVO R S: Id eals and Endeavor I - Enc o urage Inno vative Investments To P romote S ustainab le Benefits (A) - Develop projec ts and pro grams to ens ure safe and reliab le s ervic es Id eals and Endeavor I I I - Demons trate Vis io nary Lead ers hip To Enhance Dis trict Id entity (A) - P ro mo te c o mmunity involvement and educational opp o rtunities (C ) - Utilize innovative communication metho d s R E VIE W B Y O T HE R S : T his agenda item has been reviewed by the Distric t's Legal C ouns el. F IS C AL IMPAC T : T his fis c al impact for this item is $125,000, which is the no t-to -exceed c o ntrac t amo unt. ATTAC H M E NTS: Description Type Idea Hall Contract Backup Material San Bernardino Valley Municipal Water District Fiscal Year 2017/2018 Communications Proposal May 24, 2017 Prepared For: San Bernardino Valley Municipal Water District © 2017 Idea Hall. All rights reserved. - Page 2 - INTRODUCTION Program Objectives: • Educate the local and regional community about the Sterling Natural Resource Center and Valley District’s/East Valley Water District’s approach/vision • Activate supporters for Valley District/East Valley Water District and Sterling Natural Resource Center • Highlight benefits and examples of good governance by East Valley Water District Overriding Strategy: Inspire. Educate. Affiliate. • Inspire with the vision and quality of Valley District/East Valley Water District and Sterling Natural Resource Center • Show leadership and transparent governance supported by facts and results • Affiliate Valley District/East Valley Water District with people the community trusts • Build long-term reputation for Valley District and East Valley Water District leadership Target Audiences: • Government/elected officials • Regional stakeholders • East Valley Water District rate payers • Greater San Bernardino County residents • Media: • Local, regional and national media • Editorial pages • Real estate • Water issues • Politics/governance media • General business media Timeline: 12 months • July 2017 – May 2018 Strategic Communications Program Communications Retainer The Communications Retainer will contain several elements, including thought leadership, social media and an e-blast program. Thought Leadership Generating news on a consistent basis will help to position Valley District/East Valley Water District as a leader in its industry. Each month, Idea Hall will utilize the budget in the highest and best use. The agency will work with Valley District/East Valley Water District to determine priorities over each 90-day period. The key to success in generating these services will be a thought leadership program that involves positioning the company’s strategic counsel and industry expertise as key drivers in building strong customer relationships and providing a quality end product. It will also leverage leadership’s deep experience in technology and energy efficiency to educate the industry and potential clients. Services within this program may include: 1. News Releases – Writing, distribution, follow-up and placement of one (1) or two (2) news releases per month. © 2017 Idea Hall. All rights reserved. - Page 3 - 2. Bylined Articles – Writing and placement of up to one (1) bylined article per month. • News Bureau – Proactive media relations pitching to generate regular media coverage in key publications. This program includes outreach to regional media, national trades, major daily newspapers, and online news sources. 3. Awards / Recognition Lists Program – Idea Hall will submit key executives and/or Valley District/East Valley Water District for industry and community awards and recognition lists (e.g., top builders, top business leaders) to bring greater brand visibility to the organization. Specific targets will be identified in the 90-day plans. Social Media Idea Hall will create content and procedures for monitoring and posting across all social media channels (e.g., Facebook, Twitter, LinkedIn, YouTube) each month within the budget allocated. Specific areas of work will include: • Bi-Weekly Content Calendar: Create bi-weekly content calendars that reinforce the brand. • Repurpose Content: Feature all news, videos, and other content across social media channels. • Twitter and LinkedIn Reciprocal Following: Follow relevant media, businesses, associations, and industry influencers to drive reciprocal following. • Drive Likes/Followers: Direct-message via Twitter the media contacts who have recently written about topics that are relevant to Valley District/East Valley Water District and/or Sterling Natural Resource Center. • Measurement: Measure effectiveness and growth in followers on a monthly basis. Eblast Program Idea Hall will employ a monthly email campaign to place timely information in front of Valley District’s/East Valley Water District’s target audience(s). The emails will highlight information about Sterling Natural Resource Center, videos, news, customers and/or timely events. Idea Hall will work with the agencies to determine appropriate content and a schedule. NOTE: Printing, mailing, list purchase, photography, coding, website hosting, etc. require additional budget. Community Outreach Retainer Engaging the community at-large and mobilizing supporters in letter writing and e-mail campaigns as well as neighborhood meetings is critical to success of any communications campaign that produces great change. This effort will also be important in continuing support for the Sterling Natural Resource Center as the project moves forward. Idea Hall will work with SNRC leadership to compile a comprehensive email and direct mail list of the above stakeholders (VIP list) for future communications, which may include in-home mailings and eblasts, among other items. The agency will build on the initial stakeholder list that was developed, and continue to grow the list. Idea Hall will also work with Valley District/East Valley Water District to identify appropriate opportunities for engagement (e.g., meetings, media interviews/opportunities, letter writing) for each of the stakeholders. Deliverables may include: Letter-writing campaigns Political Influencer Meetings Editorial board meetings Op-eds Supporter Recruitment Bilingual Community Relations Experts Social Media Engagement Activation and Mobilization Training © 2017 Idea Hall. All rights reserved. - Page 4 - Fiscal Year 2017/2018 Investment Summary Monthly Investment Yearly Total 1. Communications Retainer • An average of 50 hours per month • Continued strategic consulting and executive-level guidance and input on a regular basis • PR services (press releases, bylines, proactive pitching) and speakers bureau per month • Social media services including development of content calendars and needed social media graphics • Attendance at board meetings as requested • Weekly half-hour client conference calls • In-person client meetings once per month • Monthly reporting • 12 months: July 2017 – June 2018 Automatic renewal at same rate unless notified in writing with 90-days notice. $10,425 (55 hours) 10 at $255 45 at $175 $62,550 2. Community Outreach Retainer Average of 50 hours per month of door knocking, event recommendations and implementation, stakeholder engagement and identification. 12 months: July 2017 – June 2018 Automatic renewal at same rate unless notified in writing with 90-days notice. $10,425 (55 hours) 10 at $255 45 at $175 $62,550 TOTAL Up to 660 hours [over 6 months] and [$125,100] + expenses • All expenses such as photography, advertising placements, news wires, web hosting, event expenses, printing, postage, travel and all other outside costs will be billed in addition to the hourly rates. Authorization I, the undersigned, being an authorized representative of San Bernardino Valley Municipal Water District hereby approve and accept the proposed content and conditions as stated within this document and accept the cost estimates presented as best effort attempts to accurately define the cost of these services, understanding that changes to scope may alter these estimates. San Bernardino Valley Municipal Water District: __________________________ __________________________ Signature Date __________________________ __________________________ Name Printed Title