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Home My WebLink AboutMinutes - EVWD Board of Directors - 02/22/2011 Approved April 12, 2011 EAST VALLEY WATER DISTRICT February 22, 2011 REGULAR BOARD MEETING MINUTES The meeting was called to order at 3:00 p.m. by President Wilson. Ms. Van Dijk led the flag salute. PRESENT: Directors: LeVesque, Malmberg, Sturgeon, Wilson ABSENT: Morales STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Ron Buchwald, District Engineer; Justine Hendricksen, Administrative Manager; Cecilia Contreras, Administrative Office Specialist II, Gary Sturdivan, Safety & Regulatory Affairs Director LEGAL COUNSEL: Steve Kennedy GUEST (S): Charles Roberts (Highland Community News), Cara Van Dijk (CV Strategies) PUBLIC COMMENTS President Wilson declared the public participation section of the meeting open at 3:02 pm. There being no verbal or written comments the public participation section was closed. APPROVAL OF AGENDA President Wilson recommended that item #8 be deferred until the next scheduled board meeting. M/S/C (LeVesque-Malmberg) that the February 22, 2011 agenda be approved as amended. APPROVAL OF SPECIAL BOARD MEETING MINUTES FOR FEBRUARY 8, 2011 M/S/C (Sturgeon-Malmberg) that the meeting minutes for February 8, 2011 be approved as submitted. DISBURSEMENTS M/S/C (Sturgeon-Malmberg) that the General Fund Disbursements #227449 through #227618 which were distributed during the period of February 2, 2011 through February 14, 2011, in the amount of$1,078,812.93 and Payroll and Benefit contributions for the period ended 1 Minutes 02/22/1l cmc February 14, 2011 and included checks and direct deposits, in the amount of $279,959.60 totaling $1,358,722.53 be approved. Director LeVesque inquired as to how much the District has spent on the tenant improvements to ...1 Suite 30, and why we have not moved into the offices and what are the final costs; that he is very disappointed that this item had been removed as an agenda item when he has requested it several times to be discussed; that he was told by the Administration staff that the Board President removed this item from the agenda and wanted to know why. The General Manager stated that he is still waiting for the final numbers on cost since the ADA has issues with the parking lot and the District cannot get an occupancy permit until they are corrected; that the owner has the plans for the reconstruction of the parking lot and is waiting to hear back. President Wilson stated that he did not recall removing this item but then stated that he wanted this item to be discussed first in Directors comments before adding it as an agenda item for discussion and possible action. GENERAL MANAGERS EXPENSES M/S/C (Sturgeon-Malmberg) to approve the General Managers expenses as submitted. RESOLUTION 2011.03 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT DISPOSING OF SURPLUS PROPERTY M/S/C (LeVesque-Malmberg) that Resolution 2011.03 be approved. RESOLUTION 2011.04 — A DESIGNATION OF APPLICANT'S AGENT FOR FEMA AND CALEMA REIMBURSEMENT FROM WINTER FLOODING M/S/C (Malmberg/LeVesque) that Resolution 2011.04 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING CLAIM FOR DAMAGES AT 1379 E. 35T11 STREET, SAN BERNARDINO, CA FROM DIANE BROADBENT M/S/C (LeVesque-Malmberg) that the claim for damages at 1379 E. 35th Street, San Bernardino, CA from Diane Broadbent be determined as follows: (1) to the extent that the claim relates to a cause of action with an accrual date that is outside the applicable statute of limitations period, the Board had no jurisdiction to accept the claim since the presentation thereof is untimely; and (2) to the extent that the claim seeks money for all other damages and losses alleged therein that relate to a cause of action with an accrual date that is within the applicable statute of limitations period, the Board voted to reject the claim and referred the matter to Legal Counsel and to the District's insurance carrier. 2 Minutes 02/22/11 cmc DISCUSSION AND POSSIBLE ACTION REGARDING CLAIM FOR DAMAGES AT 26723 CREST STREET. HIGHLAND, CA FROM IRITTA BYFIELD M/S/C (Malmberg-LeVesque) that the claim for damages at 26723 Crest Street, Highland, CA from Iritta Byfield be denied and referred to the District's legal counsel and Insurance Carrier. GENERAL MANAGER/STAFF REPORTS The General Manager stated that the Seven Oaks Dam testing has been re-scheduled for Tuesday March 1, 2011; that there are some concerns regarding the North Fork Pipeline that crosses the Santa Ana River; that the County has placed rocks around it to mitigate any damage that may occur. He addressed a number of concerns relating to the installation of water service for the new In-N-Out restaurant in Highland; that once a quote is signed from the developer, and fees are paid, there is a ninety day not to exceed completion time. Ms Hendricksen stated that the City of San Bernardino tour of the Treatment plant has been cancelled and will be rescheduled; she requested available dates from the Directors who would like to attend. Mr. Tompkins stated that staff is coming to the end of the next fiscal year draft budget and will be available for review by the next scheduled board meeting. He informed that www.evwd.org will be functioning today. He informed the Board that a Customer Service Representative created a sign to place in the lobby showing appreciation to our customers and placed out bowls of candy. CONSULTANT REPORTS Ms Van Dijk stated that a draft Strategic Communications plan will be unveiled at the next Community Affairs meeting. COMMITTEE REPORTS a. Legislative (Standing)—The General Manager stated that the Sucker Fish Task Force is working on taking a legal strategy and political strategy for Congressional support. b. Community Affairs (Standing) - No comments at this time. c. Policy (Ad-Hoc)—No comments at this time. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Sturgeon attended a YMCA Legislative event and there were 31 members in attendance; that he received a call from the President of East Highlands Ranch inquiring about what services or programs the District offers to help with irrigation conservation. President Wilson stated that he attended the ARkStorm event at the Yucaipa Community Center on February 18th and was very impressed. 3 Minutes 02/22/I l cmc Vice President LeVesque stated that there was a committee missing from the agenda, the Succession Planning Committee and would like this added to closed session for the next few regular scheduled board meetings. WATER EDUCATION FOUNDATION'S 28TH ANNUAL EXECUTIVE BRIEFING, SACRAMENTO, MARCH 24-25, 2011 Information only. CMUA'S 79TH ANNUAL CONFERENCE, RANCHO LAS PALMAS, MARCH 29, 2011 — APRIL 1,2011 Information only. The Board took a break at 4:12 pm The Board returned to session 4:16 pm CLOSED SESSION The Board entered into Closed Session at 4:16 p.m. as provided in the California Open Meeting Law. Government Code Section 54945.9(a), to discuss those items listed on the agenda. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to regular session 4:43 p.m. The items listed on the agenda were discussed in closed session with no reportable action. ADJOURN The meeting was adjourned at 4:43 p.m. until the next regularly scheduled Board Meeting. George Wilson, President Robert E. rtin, Secretary 4 Minutes 02/22/1 l cmc