HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 09/27/2011 • •
Approved October 25,2011
EAST VALLEY WATER DISTRICT September 27,2011
REGULAR BOARD MEETING
MINUTES
The meeting was called to order at 3:00 p.m. by Vice President LeVesque. Director Sturgeon
led the flag salute.
PRESENT: Directors: LeVesque, Malmberg, Morales, Sturgeon
ABSENT: Wilson
STAFF: Robert DeLoach, Interim General Manager; Brian Tompkins, Chief
Financial Officer; Eliseo Ochoa, Assistant District Engineer; Justine
Hendricksen, Administrative Manager
LEGAL COUNSEL: Steve Kennedy
GUEST(S): Charles Roberts(Highland Community News), Ron Coats, Ben
Coleman, Young Shin, Bernhard Mayer(Sitetech Inc.)
PUBLIC PARTICIPATION
Vice President LeVesque declared the public participation section of the meeting open at 3:00
p.m.
Mr. Mayer would like to offer his appreciation in advance to the Board for approving the
development agreement between the District and the Dairy Queen development project. He
stated that is was a pleasure working with Mr. Buchwald and the District's staff on the
project.
There being no further written or verbal comments,the public participation section was
closed.
APPROVAL OF AGENDA
M/S/C (Malmberg-Morales) that the September 27, 2011 agenda be approved as
submitted.
DISBURSEMENTS
M/S/C (Sturgeon-Malmberg) that General Fund Disbursements #229890 through
#230048 which were distributed during the period of September 7, 2011 through September
19, 2011, in the amount of 1,474,577.15 and payroll and benefit contributions for the period
(Minutes 09/27/11 jph) 1
ended September 19, 2011 and included checks and direct deposits, in the amount of
$220,227.26 be approved. Total Disbursements for the period of$1,694,804.41 are approved.
APPROVAL OF BOARD MEETING MINUTES FOR AUGUST 9,2011
M/S/C (Sturgeon-Malmberg) that the Board meeting minutes for August 9, 2011 be
approved as submitted.
APPROVAL OF BOARD MEETING MINUTES FOR SEPTEMBER 13,2011
M/S/C (Sturgeon-Malmberg) that the Board meeting minutes for September 13, 2011
be approved as submitted.
APPROVAL OF SPECIAL BOARD MEETING MINUTES FOR SEPTEMBER 19,
2011
M/S/C (Sturgeon-Malmberg) that the Special Board meeting minutes for September
19,2011 be approved as submitted.
DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT
AND YOUNG SHIN TO SUBDIVIDE AND DEVELOP CERTAIN REAL PROPERTY
WITHIN THE BOUNDARIES OF THE DISTRICT, WHICH IS LOCATED AT 26987
BASELINE ROAD, IN THE CITY OF HIGHLAND AND THAT THE DEVELOPER
DESIRES THAT THE DISTRICT PROVIDE DOMESTIC WATER AND SEWER
SERVICE TO SAID PROPERTY
M/S/C (Sturgeon-Malmberg) that the development agreement between East Valley
Water District and Young Shin be approved as submitted.
RECOMMENDATION REGARDING THE SCHEDULING OF A PROP 218
HEARING TO CONSIDER A SEWER TREATMENT RATE INCREASE
M/S (Malmberg-Morales)that the District move forward with the scheduling of a Prop
218 hearing to consider a sewer treatment rate increase.
Director Morales stated that he would prefer that all five Board members be present when
making a decision on whether to schedule a Prop 218 hearing.
Director Sturgeon would like to know if there are other budget adjustments that could be
made rather than raising the sewer rates.
The Interim General Manager stated that right now the sewer operating fund is working in a
deficit and in order to cut additional costs to the sewer programs the District would need to
reduce employees.
(Minutes 09/27/11 jph) 2
• •
He also stated that he recently met with the City of San Bernardino Water Department and
that the city is looking at raising sewer rates again in 2013 and 2014. The Interim General
Manager stated that the District has a fiduciary responsibility to its ratepayers and that this is
not an East Valley Water District increase, it is the City raising its rates to our constituents.
He also stated that the City is trying to be creative on ways to leverage additional revenue
from East Valley Water District and that the increases could be more that the actual treatment
costs that are incurred.
Director Malmberg stated that sewer increase is a pass through charge and that the District
cannot continue to subsidize $80K per month.
The Board took a roll call vote.
Directors LeVesque, Malmberg, Morales voted YES.
Director Sturgeon voted NO.
Director Wilson absent.
GENERAL MANAGER/STAFF REPORT
The Interim General Manager stated that he attended the recent JPA committee meeting and
that a number of items were discussed in the meeting including but not limited to:
• The city's sewer trunk line and evaluation of the line
• The amount of funds collected over the years from East Valley Water District for
treatment charges
• Recycled water programs and the costs associated with a recycled water program
• Reevaluating the JPA and ways to tap into resources and revenues
• The City of San Bernardino's sewer rate increase scheduled for January 2011
• Additional groundwater recharge rather that a decreasing credit
The Interim General Manager also stated that he will be having lunch with Director elect Ben
Coleman tomorrow and that there are over fifteen applications received for the HR/Risk
Manager position.
The District Engineer provided an update to the Board regarding the recent fuel spill on
Highway 38 and that all of the sampling test reports have come back negative. The District
Engineer also stated that the City of San Bernardino would like the District to do additional
noise studies for the Plant 150 project.
The Chief Financial Officer stated that an update to the accounting system is underway.
Mr. Kennedy stated that the amended complaint regarding the SAS was filed on Monday.
Information only.
(Minutes 09/27/I l jph) 3
COMMITTEE REPORTS
a. Legislative Committee (Standing)—Director Morales stated that the committee will be
meeting on October 4tn
b. Community Affairs (Standing)—No reports at this time.
c. Policy Committee — (Standing) Director Morales stated that the committee is meeting
on Thursday.
d. Labor Negotiation Committee (Ad-Hoc)—No reports at this time.
e. Succession Planning Committee (Ad-Hoc)—No reports at this time.
ORAL COMMENTS FROM BOARD OF DIRECTORS
Director Morales stated that he attended ACWA's legal workshop and briefing and that the
two day event was very informative.
Mr. Kennedy stated that he also attended the AC WA event and that the first topic discussed
was permit fees.
Director Sturgeon offered his appreciation to Director Morales and Mr. Tompkins for their
participation in the Route 66 Rendezvous event. Director Sturgeon would like to know if the
District has received any claims for damages as a result of having to shut down the Surface
Water Treatment Plant due to the recent fuel spill on Highway 38.
Information only.
The Board took a break at 3:46 pm
The Board returned to session at 3:54 p.m.
As previously stated, Director Morales will be recusing himself from item #9.
CLOSED SESSION
The Board entered into Closed Session at 3:55 p.m. as provided in the California Open
Meeting Law, Government Code Section 54945.9(a), to discuss the items listed on the
agenda.
ADJOURN TO REGULAR SESSION
Vice President LeVesque declared that the meeting adjourn to regular session.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
The Board returned to session at 4:03 pm. The items listed on the agenda were discussed in
closed session with the following action being taken:
(Minutes 09/27/11 jph) 4
• •
With respect to Item No. 7 the Board by a 4-0 vote Director Wilson being absent denied the
claim from Horrigan Enterprises and referred it to the District's Insurance Carrier and Legal
Counsel.
With respect to Item No. 8 no action taken.
Director Morales recused himself from discussion of all matters related to Item No. 9 due to
his membership in SBPEA and physically vacated the building prior to the Board's
deliberation of that item.
With respect to Item No. 9 no action taken.
The meeting was adjourned at 4:43 p.m.
ai c ; / , Matt LeVesque, Vice President
Robert DeLoach, Se retary
(Minutes 09/27/11 jph) 5